Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30879 

warrant, or petty officer designated by 

the Captain of the Port North Carolina 

(COTP) for the enforcement of the safety 

zone. 

(c) Regulations. (1) The general 

regulations governing safety zones in 

subpart C of this part apply to the area 

described in paragraph (a) of this 

section. 

(2) Entry into or remaining in this 

safety zone is prohibited unless 

authorized by the COTP North Carolina 

or the COTP North Carolina’s 

designated representative. 

(3) All vessels within this safety zone 

when this section becomes effective 

must depart the zone immediately. 

(4) To request permission to remain 

in, enter, or transit through the safety 

zone, contact the COTP North Carolina 

or the COTP North Carolina’s 

representative through the Coast Guard 

Sector North Carolina Command Duty 

Officer, Wilmington, North Carolina, at 

telephone number 910–343–3882, or on 

VHF–FM marine band radio channel 13 

(165.65 MHz) or channel 16 (156.8 

MHz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

Dated: June 25, 2018. 

Bion B. Stewart, 

Captain, U.S. Coast Guard, Captain of the 

Port North Carolina. 

[FR Doc. 2018–14169 Filed 6–29–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2009–0234; FRL–9980–41– 

OAR] 

RIN 2060–AT42 

Remaining Requirements for Mercury 

and Air Toxics Standards (MATS) 

Electronic Reporting Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

extend the period during which certain 

electronic reports required by the 

Mercury and Air Toxics Standards 

(MATS) may be submitted as portable 

document format (PDF) files using the 

Emissions Collection and Monitoring 

Plan System (ECMPS) Client Tool. This 

action will extend the end date of that 

period from June 30, 2018, to July 1, 

2020. This extension is necessary 

because the electronic reporting system 

that owners or operators of affected 

MATS sources will be required to use 

when PDF filing is no longer allowed 

will not be available by June 30, 2018. 

This extension does not alter the 

responsibility of owners or operators of 

affected MATS sources to comply with 

the applicable MATS and report their 

compliance information to the 

appropriate authority. In addition, this 

extension ensures that the compliance 

information can be submitted in a 

timely manner and made available to 

the public. Finally, this rule is effective 

on July 1, 2018, to provide the regulated 

community a continuous and viable 

vehicle to submit compliance reports. 

DATES: This final rule is effective on July 

1, 2018. 

ADDRESSES: Docket: The EPA has 

established a docket for this action 

under Docket ID No. EPA–HQ–OAR– 

2009–0234. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, e.g., confidential 

business information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Barrett Parker, Sector Policies and 

Programs Division, Office of Air Quality 

Planning and Standards (D243–05), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–5635; 

email address: parker.barrett@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information in this preamble is 

organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. What action is the Agency taking? 

C. What is the Agency’s authority for 

taking this action? 

D. What are the incremental costs and 

benefits of this action? 

II. Supplemental Information 

A. Background 

B. Why is the Agency taking final action 

without providing an opportunity for 

public comment? 

C. Why is the Agency making this action 

effective on July 1, 2018? 

III. What is the scope of this amendment? 

IV. What specific amendments to 40 CFR part 

63, subpart UUUUU are made by this 

rule? 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

C. Paperwork Reduction Act (PRA) 

D. Regulatory Flexibility Act (RFA) 

E. Unfunded Mandates Reform Act 

(UMRA) 

F. Executive Order 13132: Federalism 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

K. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

L. Congressional Review Act (CRA) 

I. General Information 

A. Does this action apply to me? 

Categories and entities potentially 

affected by this action include: 

Category NAICS code 1 Examples of potentially regulated entities 

Industry ..................................................... 221112 Fossil fuel-fired EGUs. 

Federal government .................................. 2 221122 Fossil fuel-fired EGUs owned by the Federal government. 

State/local/Tribal government ................... 2 221122 Fossil fuel-fired EGUs owned by municipalities. 

921150 Fossil fuel-fired EGUs in Indian country. 

1 North American Industry Classification System. 

2Federal, state, or local government-owned and operated establishments are classified according to the activity in which they are engaged. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that the EPA is now 

aware could potentially be regulated by 


daltland on DSKBBV9HB2PROD with RULES
30880 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

1 In addition to extending the interim PDF file 

submission process to June 30, 2018, the final rule 

also made a few technical corrections to Appendix 

A. 

this action. Other types of entities not 

listed in the table could also be 

regulated. To determine whether your 

entity is regulated by this action, you 

should carefully examine the 

applicability criteria in 40 CFR 63.9981 

of the rule. If you have questions 

regarding the applicability of this action 

to a particular entity, consult either the 

air permitting authority for the entity or 

your EPA Regional representative as 

listed in 40 CFR 63.13. 

B. What action is the Agency taking? 

This final action extends the period 

allowing owners or operators of affected 

sources subject to the National Emission 

Standards for Hazardous Air Pollutants: 

Coal- and Oil-Fired Electric Utility 

Steam Generating Units (commonly 

known as the Mercury and Air Toxics 

Standards (MATS)) to submit certain 

reports as PDF file attachments using 

the ECMPS Client Tool until July 1, 

2020. Prior to this extension, that period 

was scheduled to end on June 30, 2018. 

As explained further below, the EPA 

finds that there is ‘‘good cause’’ under 

the Administrative Procedure Act (APA) 

(5 U.S.C. 553(b)(B)) to make the 

amendments extending the deadline 

final without prior notice and comment, 

in part because the rule maintains the 

status quo, and the reporting system that 

would apply without the extension (i.e., 

the Compliance and Emissions Data 

Reporting Interface (CEDRI)) is currently 

unable to accept the MATS reports, 

thus, making it impossible for the 

regulated community to comply with all 

reporting requirements without this 

extension. Thus, as explained further 

below, the EPA maintains that notice 

and comment is unnecessary and 

contrary to the public interest for this 

action. The EPA also finds good cause 

under APA 553(d)(3) to make this rule 

effective on July 1, 2018, instead of 30 

days after publication as generally 

required, to ensure that there are no 

gaps in the regulated community’s 

ability to submit all the required reports. 

C. What is the Agency’s authority for 

taking this action? 

The Agency’s authority is found at 42 

U.S.C. 7401 et seq. and 5 U.S.C. 553 et 

seq. 

D. What are the incremental costs and 

benefits of this action? 

This extension of the time period 

allowing temporary submission of PDF 

file attachments has neither costs nor 

benefits. 

II. Supplemental Information 

A. Background 

On February 12, 2012, the EPA issued 

the final MATS (77 FR 9304; February 

16, 2012). In that rule, owners or 

operators of coal- or oil-fired electric 

utility steam generating units (EGUs) 

were required to report emissions and 

compliance information electronically 

using two data systems: The ECMPS 

Client Tool and CEDRI. The two 

electronic reporting systems were 

intended to accept different MATS 

compliance related information (e.g., the 

ECMPS Client Tool was to be used by 

EGU owners or operators to report, 

among other things, mercury (Hg) 

continuous monitoring data and the 

CEDRI system was to be used to submit, 

among other things, semiannual 

compliance reports). See 40 CFR 

63.10031(a), (f). 

After promulgation, but prior to the 

existing-source compliance date of April 

16, 2015, the regulated community 

suggested to the EPA that the electronic 

reporting burden of MATS could be 

significantly reduced if all the required 

information were reported to one data 

system instead of two. Specifically, the 

regulated community suggested that the 

EPA amend MATS to require all the 

data to be reported through the ECMPS 

Client Tool, which is a familiar data 

system that most EGU owners or 

operators have been using since 2009 to 

meet the electronic reporting 

requirements of the Acid Rain Program. 

In response, the EPA decided to 

require all electronic reports required by 

MATS to be submitted through the 

ECMPS Client Tool, but the Agency 

recognized that it could not make the 

necessary changes to the ECMPS Client 

Tool by the April 16, 2015, compliance 

date. For that reason, the EPA issued a 

final rule on March 24, 2015, prior to 

the MATS compliance date, revising the 

MATS reporting requirements (80 FR 

15511; March 24, 2015). Among other 

things, the final rule suspended the 

requirement to submit to CEDRI the 

MATS compliance reports described in 

40 CFR 63.10031(f)(1), (f)(2), and (f)(4), 

and instead allowed parties to submit 

those reports to the ECMPS Client Tool 

as PDF files. See 40 CFR 63.10031(f)(6). 

The EPA included a self-imposed 

deadline of April 17, 2017, to revise the 

ECMPS Client Tool to accept all of the 

MATS compliance information. If the 

revised system was not ready by that 

date, the rule required reporting of the 

MATS compliance data to revert to the 

original two-system approach on and 

after that date. See 40 CFR 63.10031(f). 

On September 29, 2016, the EPA 

proposed for comment to revise MATS 

to require a single electronic reporting 

system, (i.e., the ECMPS Client Tool), 

and also proposed to extend the PDF file 

reporting period from April 17, 2017, to 

December 31, 2017, by which date the 

Agency believed it would complete the 

necessary changes to the ECMPS Client 

Tool (81 FR 67062; September 29, 2016). 

The comment period was scheduled to 

close on October 31, 2016, but it was 

subsequently extended until November 

15, 2016, in response to requests from 

several stakeholders for an extension. 

The public comments were generally 

supportive of simplifying and 

streamlining the MATS reporting 

requirements and to use the ECMPS 

Client Tool as the single electronic 

reporting system. However, industry 

commenters questioned whether the 

EPA would complete the changes to the 

ECMPS Client Tool by December 31, 

2017, and suggested dates ranging from 

six quarters after completion of the final 

rule was issued to 2020. No commenters 

stated that the EPA should not extend 

the PDF file reporting period. On April 

6, 2017, the EPA finalized an extension 

of the PDF file reporting period from 

April 17, 2017, to June 30, 2018, 

because the Agency recognized it would 

not complete the necessary revisions to 

the ECMPS Client Tool and conduct the 

necessary testing by the December 31, 

2017, proposed extension date (82 FR 

16736; April 6, 2017).1

The EPA continues to work on the 

ECMPS Client Tool, but the Agency 

recently concluded that the changes and 

necessary testing will not be completed 

by June 30, 2018. In addition, the CEDRI 

interface is not currently capable of 

accepting the compliance reports that 

are currently being submitted via PDF 

files to the ECMPS Client Tool. This 

means that EGU owners or operators 

would be unable to submit the required 

reports if PDF file reporting authority is 

not extended. Moreover, the CEDRI 

interface cannot be operational before 

July 1, 2018 (i.e., the first date CEDRI 

reporting would be required absent an 

extension), and the EPA is continuing to 

change the ECMPS Client Tool to accept 

all of the MATS compliance reports. For 

these reasons, the EPA has concluded 

that it is reasonable to continue to allow 

the PDF file reporting option. This 

extension changes neither the 

responsibility of all owners or operators 

of affected sources to comply with the 

applicable MATS emissions standards 

and other requirements nor the 

compliance information available to the 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30881 

public as PDF files. For all these 

reasons, the EPA is revising the 

reporting requirements in the MATS 

regulations, 40 CFR 63.10021 and 

63.10031, by extending the period for 

affected sources to submit certain 

compliance related information via PDF 

file reports from June 30, 2018, to July 

1, 2020. 

B. Why is the Agency taking final action 

without providing an opportunity for 

public comment? 

As noted above, this action amends 

the reporting requirements by extending 

the period for affected sources to submit 

certain compliance related information 

via PDF file reports. This extension is 

critical because: (1) The EPA is still 

working to revise the ECMPS Client 

Tool so that it can accept all of the 

MATS compliance reports, and (2) the 

CEDRI system that would apply without 

this extension is not able to accept the 

compliance reports that are currently 

being submitted via PDF files. Without 

this action, affected source owners or 

operators would be unable to report 

certain MATS compliance information 

as required in the regulations and, as a 

result, the public would not have access 

to that information. 

Section 553(b)(B) of the APA, 5 U.S.C. 

553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public comment are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. See 

also the final sentence of section 

307(d)(1) of the Clean Air Act (CAA), 42 

U.S.C. 7607(d)(1), indicating that CAA 

section 307(d) does not apply in the 

case of any rule or circumstance referred 

to in section 553(b)(B) of the APA. As 

explained further below, the EPA finds 

that providing notice and comment is 

unnecessary in this situation because 

the extension of PDF file reporting 

maintains the status quo and does not 

relieve the regulated community of its 

responsibility to comply with the 

MATS. In addition, when in April 2017 

the EPA proposed and finalized an 

extension of the PDF file reporting 

requirement, the Agency received no 

comments against or legal challenge to 

that extension rulemaking. Finally, the 

EPA also finds that notice and comment 

rulemaking in these circumstances 

would be contrary to the public interest 

because the electronic system that 

would apply without the extension (i.e., 

CEDRI) is currently unable to accept the 

MATS compliance reports that are 

currently being submitted via PDF files. 

Therefore, it would not be possible for 

affected source owners or operators to 

comply with all of the MATS reporting 

requirements without the extension and 

the public would be deprived of certain 

compliance related information as a 

result. The delay that would be inherent 

in notice and comment rulemaking 

would result in a potential loss of public 

availability of compliance information 

that is contrary to the public interest. 

The EPA has determined that notice 

and comment procedures are 

unnecessary here for a number of 

reasons. First, this action will simply 

maintain the status quo and does not 

introduce any new substantive 

requirements. 

Second, the EPA has no viable 

alternative to extending of PDF file 

reporting given that the CEDRI system is 

not currently able to accept the 

necessary reports. The EPA has 

concluded that the July 2020 extension 

date will provide the necessary time to 

complete the changes to and test the 

ECMPS Client Tool. 

Third, the Agency previously 

provided an opportunity for comment 

on whether a PDF file reporting 

extension is justified where the 

electronic reporting system is not 

available. The Agency provided this 

opportunity for comment in the 

September 29, 2016, proposed rule 

(finalized April 6, 2017) to extend the 

PDF file reporting until June 30, 2018 

(81 FR 67062; September 29, 2016 and 

82 FR 16736; April 7, 2017). The EPA 

did not receive any comments 

suggesting that the extension of the PDF 

file reporting was unreasonable, 

although commenters did suggest the 

Agency provide more time than 

proposed. As a result, the Agency 

finalized an extension to June 30, 2018, 

7 months longer than proposed, but 

considerably less time than suggested in 

comments. See 82 FR 16736. In this 

final rule, the EPA is recognizing that, 

as commenters in 2016 suggested, more 

time is needed to complete the move to 

the ECMPS Client Tool and that a longer 

extension of the PDF file reporting than 

the one previously afforded is 

appropriate. 

In addition to finding that notice and 

comment rulemaking is unnecessary, 

the EPA also finds that providing notice 

and comment in this situation would be 

contrary to the public interest. If the 

EPA were to delay this action to provide 

an opportunity for public comment, 

there would be a gap period during 

which the public would not have access 

to all of the MATS compliance 

information required by the rule. As 

explained above, the CEDRI system is 

not currently capable of accepting the 

MATS compliance reports that parties 

would be required to submit to it. Thus, 

if the PDF file reporting extension were 

not provided, some MATS compliance 

information would not be accessible to 

the public for some time. In addition, 

EGU owners or operators, along with the 

public and regulatory agencies, are 

already familiar with the interim PDF 

file submission process and the EPA 

continues to work on the ECMPS Client 

Tool so that it can accept all of the 

MATS compliance reports. The current 

process of EGU owners or operators 

attaching PDF files when submitting 

reports via the ECMPS Client Tool is 

well understood by all parties interested 

in the data and ensures that all 

compliance data are reported. 

Conversely, EGU owners or operators 

are not familiar with CEDRI reporting 

for MATS, so requiring compliance with 

CEDRI for some interim period before 

the full implementation of the ECMPS 

Client Tool would potentially cause 

confusion for the regulated community 

and the public. The EPA maintains that, 

in light of these facts, it is contrary to 

the public interest to have an interim 

period during which both the EPA and 

EGU owners or operators would have to 

expend the resources and time 

necessary to enable partial CEDRI 

reporting before fully converting to the 

ECMPS Client Tool. For these reasons, 

the EPA finds that providing notice and 

comment in these particular 

circumstances would be contrary to the 

public interest. 

For all these reasons, the EPA finds 

good cause exists under section 

553(b)(B) of the APA to issue this final 

rule without prior notice and 

opportunity for comment. 

C. Why is the Agency making this action 

effective on July 1, 2018? 

The EPA also finds good cause to 

make this final rule effective on July 1, 

2018. Section 553(d) of the APA, 5 

U.S.C. 553(d), provides that final rules 

shall not become effective until 30 days 

after publication in the Federal 

Register, ‘‘except . . . as otherwise 

provided by the agency for good cause,’’ 

among other exceptions. The purpose of 

this provision is to ‘‘give affected parties 

a reasonable time to adjust their 

behavior before the final rule takes 

effect.’’ Omnipoint Corp. v. FCC, 78 

F.3d 620, 630 (DC Cir. 1996); see also 

United States v. Gavrilovic, 551 F.2d 

1099, 1104 (8th Cir. 1977) (quoting 

legislative history). Thus, in 

determining whether good cause exists 

to waive the 30-day delay, an agency 

should ‘‘balance the necessity for 

immediate implementation against 

principles of fundamental fairness 

which require that all affected persons 

be afforded a reasonable amount of time 


daltland on DSKBBV9HB2PROD with RULES
30882 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

to prepare for the effective date of its 

ruling.’’ Gavrilovic, 551 F.2d at 1105. 

The EPA has determined that it is 

necessary to make this final rule 

effective on July 1, 2018, instead of 30 

days after publication in the Federal 

Register, to ensure that there are no gaps 

in the ability of affected MATS sources 

to submit the required compliance 

reports, given that the current authority 

to submit PDF file reports expires on 

June 30, 2018. The EPA also has 

determined that the owners or operators 

of affected MATS sources do not need 

time to adjust to this final action 

because this final rule simply maintains 

the status quo and does not introduce 

any new substantive requirements. 

For these reasons, the EPA finds good 

cause exists under section 553(d)(3) of 

the APA to make this rule effective on 

July 1, 2018, instead of 30 days after 

publication in the Federal Register. 

III. What is the scope of this 

amendment? 

This action amends the reporting 

requirement in the MATS regulation, 40 

CFR 63.10021 and 10031. 

IV. What specific amendments to 40 

CFR part 63, subpart UUUUU are made 

by this rule? 

The interim PDF reporting process 

described in 40 CFR 63.10031(f) has 

been further extended through June 30, 

2020, to allow sufficient time for 

software development, programming, 

and testing. Until then, compliance with 

the emissions and operating limits 

continues to be assessed based on the 

various PDF file report submittals 

described in 40 CFR 63.10021(e)(9) and 

63.10031(f). Data are also obtained from 

Hg, hydrogen chloride, hydrogen 

fluoride, and sulfur dioxide continuous 

emission monitoring systems, as well as 

Hg sorbent trap monitoring systems, as 

reported through the ECMPS Client 

Tool. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/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. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not an Executive Order 

13771 regulatory action because this 

action is not significant under Executive 

Order 12866. 

C. 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 and 

has assigned OMB Control Number 

2060–0567. This action does not change 

the information collection requirements, 

and this action does not impose any 

new information collection burden 

under the PRA. 

D. 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. This 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). 

E. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. As 

described earlier, this action has no net 

regulatory burden on governments 

already subject to MATS. Accordingly, 

we have determined that this action will 

not result in any ‘‘significant’’ adverse 

economic impact for small governments. 

F. 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. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. As described earlier, this 

action has no substantial direct effect on 

Indian tribes already subject to MATS. 

Thus, Executive Order 13175 does not 

apply to this action. 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only 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. 

I. 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. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629, February 16, 1994) because it 

does not establish an environmental 

health or safety standard. This 

regulatory action extends the deadline 

for interim reporting of electronic data; 

it does not have any impact on human 

health or the environment. 

L. 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. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in sections II.B and C of 

this preamble, including the basis for 

that finding. 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30883 

Dated: June 26, 2018. 

E. Scott Pruitt, 

Administrator. 

For the reasons set forth in the 

preamble, the EPA amends 40 CFR part 

63 as follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart UUUUU—National Emission 

Standards for Hazardous Air 

Pollutants: Coal- and Oil-Fired Electric 

Utility Steam Generating Units 

■ 2. Section 63.10021 is amended by 

revising paragraph (e)(9) to read as 

follows: 

§ 63.10021 How do I demonstrate 

continuous compliance with the emission 

limitations, operating limits, and work 

practice standards? 

* * * * * 

(e) * * * 

(9) Report the dates of the initial and 

subsequent tune-ups in hard copy, as 

specified in 63.10031(f)(5), through June 

30, 2020. On or after July 1, 2020, report 

the date of all tune-ups electronically, in 

accordance with § 63.10031(f). The 

tune-up report date is the date when 

tune-up requirements in paragraphs 

(e)(6) and (7) of this section are 

completed. 

* * * * * 

■ 3. Section 63.10031 is amended by 

revising paragraphs (f) introductory text, 

(f)(1), (2), (4), and (f)(6) introductory text 

to read as follows: 

§ 63.10031 What reports must I submit and 

when? 

* * * * * 

(f) On or after July 1, 2020, within 60 

days after the date of completing each 

performance test, you must submit the 

performance test reports required by 

this subpart to the EPA’s WebFIRE 

database by using the Compliance and 

Emissions Data Reporting Interface 

(CEDRI) that is accessed through the 

EPA’s Central Data Exchange (CDX) 

(https://cdx.epa.gov). Performance test 

data must be submitted in the file 

format generated through use of EPA’s 

Electronic Reporting Tool (ERT) (see 

https://www.epa.gov/ttn/chief/ert/ 

index.html). Only data collected using 

those test methods on the ERT website 

are subject to this requirement for 

submitting reports electronically to 

WebFIRE. Owners or operators who 

claim that some of the information being 

submitted for performance tests is 

confidential business information (CBI) 

must submit a complete ERT file 

including information claimed to be CBI 

on a compact disk or other commonly 

used electronic storage media 

(including, but not limited to, flash 

drives) to EPA. The electronic media 

must be clearly marked as CBI and 

mailed to U.S. EPA/OAPQS/CORE CBI 

Office, Attention: WebFIRE 

Administrator, MD C404–02, 4930 Old 

Page Rd., Durham, NC 27703. The same 

ERT file with the CBI omitted must be 

submitted to EPA via CDX as described 

earlier in this paragraph. At the 

discretion of the delegated authority, 

you must also submit these reports, 

including the confidential business 

information, to the delegated authority 

in the format specified by the delegated 

authority. 

(1) On or after July 1, 2020, within 60 

days after the date of completing each 

CEMS (SO2, PM, HCl, HF, and Hg) 

performance evaluation test, as defined 

in § 63.2 and required by this subpart, 

you must submit the relative accuracy 

test audit (RATA) data (or, for PM 

CEMS, RCA and RRA data) required by 

this subpart to EPA’s WebFIRE database 

by using CEDRI that is accessed through 

EPA’s CDX (https://cdx.epa.gov). The 

RATA data shall be submitted in the file 

format generated through use of EPA’s 

Electronic Reporting Tool (ERT) 

(https://www.epa.gov/ttn/chief/ert/ 

index.html). Only RATA data 

compounds listed on the ERT website 

are subject to this requirement. Owners 

or operators who claim that some of the 

information being submitted for RATAs 

is confidential business information 

(CBI) shall submit a complete ERT file 

including information claimed to be CBI 

on a compact disk or other commonly 

used electronic storage media 

(including, but not limited to, flash 

drives) by registered letter to EPA and 

the same ERT file with the CBI omitted 

to EPA via CDX as described earlier in 

this paragraph. The compact disk or 

other commonly used electronic storage 

media shall be clearly marked as CBI 

and mailed to U.S. EPA/OAPQS/CORE 

CBI Office, Attention: WebFIRE 

Administrator, MD C404–02, 4930 Old 

Page Rd., Durham, NC 27703. At the 

discretion of the delegated authority, 

owners or operators shall also submit 

these RATAs to the delegated authority 

in the format specified by the delegated 

authority. Owners or operators shall 

submit calibration error testing, drift 

checks, and other information required 

in the performance evaluation as 

described in § 63.2 and as required in 

this chapter. 

(2) On or after July 1, 2020, for a PM 

CEMS, PM CPMS, or approved 

alternative monitoring using a HAP 

metals CEMS, within 60 days after the 

reporting periods ending on March 31st, 

June 30th, September 30th, and 

December 31st, you must submit 

quarterly reports to the EPA’s WebFIRE 

database by using the CEDRI that is 

accessed through the EPA’s CDX 

(https://cdx.epa.gov). You must use the 

appropriate electronic reporting form in 

CEDRI or provide an alternate electronic 

file consistent with EPA’s reporting 

form output format. For each reporting 

period, the quarterly reports must 

include all of the calculated 30-boiler 

operating day rolling average values 

derived from the CEMS and PM CPMS. 

* * * * * 

(4) On or after July 1, 2020, submit the 

compliance reports required under 

paragraphs (c) and (d) of this section 

and the notification of compliance 

status required under § 63.10030(e) to 

the EPA’s WebFIRE database by using 

the CEDRI that is accessed through the 

EPA’s CDX (https://cdx.epa.gov). You 

must use the appropriate electronic 

reporting form in CEDRI or provide an 

alternate electronic file consistent with 

EPA’s reporting form output format. 

* * * * * 

(6) Prior to July 1, 2020, all reports 

subject to electronic submittal in 

paragraphs (f) introductory text, (f)(1), 

(2), and (4) of this section shall be 

submitted to the EPA at the frequency 

specified in those paragraphs in 

electronic portable document format 

(PDF) using the ECMPS Client Tool. 

Each PDF version of a submitted report 

must include sufficient information to 

assess compliance and to demonstrate 

that the testing was done properly. The 

following data elements must be entered 

into the ECMPS Client Tool at the time 

of submission of each PDF file: 

* * * * * 

[FR Doc. 2018–14308 Filed 6–29–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90; FCC 18–37] 

Connect America Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Technical amendments. 

SUMMARY: This document corrects errors 

in the rules that increase the amount of 


daltland on DSKBBV9HB2PROD with RULES