
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Rules and Regulations]
[Pages 39671-39673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17624]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2016-0442; FRL-9966-64-OAR]
RIN 2060-AT57


National Emission Standards for Hazardous Air Pollutants From the 
Portland Cement Manufacturing Industry: Alternative Monitoring Method

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) published a 
direct final rule in the Federal Register on June 23, 2017 titled 
National Emission Standards for Hazardous Air Pollutants (NESHAP) From 
the Portland Cement Manufacturing Industry: Alternative Monitoring 
Method. This final rule removes the provisions that were added in the 
June 23, 2017, direct final rule and restores the provisions that were 
deleted in that rule.

DATES: Effective August 22, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Sector Policies and 
Programs Division (D243-04), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-1103; fax 
number: (919) 541-5450; and email address: storey.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Why is EPA taking this action?

    On June 23, 2017, the EPA published a direct final rule to amend 
the National Emission Standards for Hazardous Air Pollutants From the 
Portland Cement Manufacturing Industry (Portland Cement NESHAP) to 
allow an alternative monitoring method to be used to comply with 
hydrogen chloride (HCl) emissions standards (82 FR 28562). We stated in 
that direct final

[[Page 39672]]

rule that if we received adverse comment by July 3, 2017, the direct 
final rule would not take effect and we would publish a timely 
withdrawal in the Federal Register. At the same time, we published a 
parallel proposal, which proposed to make the same changes that were 
made in the direct final rulemaking (82 FR 28616). We subsequently 
received adverse comment on the direct final rule and the parallel 
proposal, but were unable to withdraw the direct final rule in a timely 
manner. In this document, we are taking final action to remove the 
provisions that were added to the Portland Cement NESHAP in the direct 
final rule and restoring the provisions that were deleted in that rule. 
This action will, thus, undo the changes made by the direct final rule. 
We are concurrently publishing a rule re-proposing and providing 
additional opportunity for public comment on the same amendment for the 
Portland Cement NESHAP that was proposed on June 23, 2017.
    Although the EPA did provide an opportunity for public comment on 
the parallel proposal, the EPA also finds that there is ``good cause'' 
under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to 
make the amendments discussed in this final rule without prior notice 
and comment. For this rule, notice and comment is unnecessary because 
it simply implements an action that the EPA indicated it would take if 
it received adverse comment on the direct final rule. The record for 
the provisions being restored is the same record that supported those 
provisions in the first instance and that was previously subject to 
notice and comment. These actions are effective as of August 22, 2017.

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulation (40 CFR part 63, 
subpart LLL) and has assigned OMB control number 2060-0416. This action 
does not change the information collection requirements.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
APA, 5 U.S.C. 553, or any other statute. The rule is not subject to 
notice and comment requirements because the agency has invoked the APA 
``good cause'' exemption under 5 U.S.C. 553(b).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will neither impose substantial direct 
compliance costs on federally recognized tribal governments, nor 
preempt tribal law. The EPA is aware of one tribally owned Portland 
cement facility currently subject to 40 CFR part 63, subpart LLL that 
will be subject to this final rule. However, the provisions of this 
final rule are not expected to impose new or substantial direct 
compliance costs on tribal governments since the provisions in this 
direct final rule are extending the use of an alternative to the HCl 
monitoring provisions, including an option which provides operational 
flexibility. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action does not affect the level of protection provided to human 
health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: August 11, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending title 40, chapter I, part 63 of the Code 
of Federal Regulations (CFR) as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

[[Page 39673]]

Subpart LLL--National Emission Standards for Hazardous Air 
Pollutants From the Portland Cement Manufacturing Industry

0
2. Section 63.1349 is amended by adding paragraph (b)(6)(v)(H) to read 
as follows:


Sec.  63.1349  Performance testing requirements.

* * * * *
    (b) * * *
    (6) * * *
    (v) * * *
    (H) Paragraph (b)(6)(v) of this section expires on July 25, 2017 at 
which time the owner or operator must demonstrate compliance with 
paragraphs (b)(6)(i), (ii), or (iii).
* * * * *

0
3. Section 63.1350 is amended by revising paragraph (l)(4) introductory 
text to read as follows:


Sec.  63.1350  Monitoring requirements.

* * * * *
    (l) * * *
    (4) If you monitor continuous performance through the use of an HCl 
CPMS according to paragraphs (b)(6)(v)(A) through (H) of Sec.  63.1349, 
for any exceedance of the 30 kiln operating day HCl CPMS average value 
from the established operating limit, you must:
* * * * *
[FR Doc. 2017-17624 Filed 8-21-17; 8:45 am]
 BILLING CODE 6560-50-P


