Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 37819 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Dated: June 21, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(447)(i)(B)(2) and 

(c)(488)(i)(B) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(447) * * * 

(i) * * * 

(B) * * * 

(2) Previously approved on February 

12, 2015 in paragraph (c)(447)(i)(B)(1) of 

this section and now deleted with 

replacement in (c)(488)(i)(C)(1), Rule 

4307, ‘‘Boilers, Steam Generators, and 

Process Heaters—2.0 MMBtu/hr to 5.0 

MMBtu/hr,’’ amended on May 19, 2011. 

* * * * * 

(488) * * * 

(i) * * * 

(B) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4307, ‘‘Boilers, Steam 

Generators, and Process Heaters—2.0 

MMBtu/hr to 5.0 MMBtu/hr,’’ amended 

on April 21, 2016. 

* * * * * 

[FR Doc. 2017–16485 Filed 8–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0150; FRL–9965–92- 

Region 1] 

Air Plan Approval; Connecticut; 

Nonattainment New Source Review 

Permit Requirements for the 2008 8- 

Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the state 

implementation plan (SIP) revision 

submitted on March 9, 2017, by the 

State of Connecticut, through the 

Connecticut Department of Energy and 

Environmental Protection (CT DEEP), 

addressing the nonattainment new 

source review (NNSR) requirements for 

the 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS). The SIP revision addresses 

both of Connecticut’s ozone 

nonattainment areas for the 2008 ozone 

NAAQS; the Greater Connecticut area 

and the Connecticut portion of the New 

York-N. New Jersey-Long Island, NY– 

NJ–CT area. The Connecticut portion of 

the New York-N. New Jersey-Long 

Island, NY–NJ–CT ozone nonattainment 

area consists of Fairfield, New Haven, 

and Middlesex counties. The Greater 

Connecticut nonattainment area 

includes the rest of the State. This 

action is being taken pursuant to the 

Clean Air Act (CAA or Act) and its 

implementing regulations. 

DATES: This direct final rule is effective 

October 13, 2017 without further notice, 

unless EPA receives adverse comments 

by September 13, 2017. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2017–0150 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912. Mr. Dahl’s 

telephone number is (617) 918–1657; 

email address: dahl.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Analysis of Connecticut’s Nonattainment 

New Source Review Requirements 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 12, 2008, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). Under EPA’s 

regulations at 40 CFR 50.15, the 2008 8- 

hour ozone NAAQS is attained when 

the 3-year average of the annual fourthhighest daily maximum 8-hour average 

ambient air quality ozone 

concentrations is less than or equal to 

0.075 ppm. Ambient air quality 

monitoring data for the 3-year period 

must meet a data completeness 

requirement. The ambient air quality 

monitoring data completeness 

requirement is met when the average 

percent of days with valid ambient 

monitoring data is greater than 90 

percent, and no single year has less than 

75 percent data completeness as 

determined in Appendix I of part 50. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS based on 

the three most recent years of ambient 

air quality data at the conclusion of the 

designation process. The two 

Connecticut areas were designated 

nonattainment for the 2008 8-hour 

ozone NAAQS on April 30, 2012 


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37820 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 

1The SIP Requirements Rule addresses a range of 

nonattainment area SIP requirements for the 2008 

ozone NAAQS, including requirements pertaining 

to attainment demonstrations, reasonable further 

progress (RFP), reasonably available control 

technology, reasonably available control measures, 

major new source review, emission inventories, and 

the timing of SIP submissions and of compliance 

with emission control measures in the SIP. The rule 

also revokes the 1997 ozone NAAQS and 

establishes anti-backsliding requirements. 

2States have three years after the effective date of 

designation for the 2008 8-hour ozone NAAQS to 

submit SIP revisions addressing NNSR for their 

nonattainment areas. See 40 CFR 51.1114. 

Connecticut’s SIP revision certified that its SIPapproved state regulation addressing nonattainment 

new source review for all new stationary sources 

and modified existing stationary sources in the 

State exceeds the requirements of section 

182(a)(2)(C) for the 2008 8-hour ozone NAAQS. 

However, EPA does not believe that the two-year 

deadline contained in CAA section 182(a)(2)(C) 

applies to NNSR SIP revisions for implementing the 

8-hour ozone NAAQS. See 80 FR 12264, 12267 

(March 6, 2015); 70 FR 71612, 71683 (November 29, 

2005). The submission of NNSR SIPs due on 

November 15, 1992, satisfied the requirement for 

states to submit NNSR SIP revisions to meet the 

requirements of CAA sections 172(c)(5) and 173 

within two years after the date of enactment of the 

1990 CAA Amendments. Id. 

(effective July 20, 2012) using 2009– 

2011 ambient air quality data. See 77 FR 

30088 (May 21, 2012). At the time of 

designation, both Connecticut areas 

were classified as marginal 

nonattainment areas. On March 6, 2015, 

EPA issued a final rule entitled, 

‘‘Implementation of the 2008 National 

Ambient Air Quality Standards for 

Ozone: State Implementation Plan 

Requirements’’ (SIP Requirements Rule), 

which establishes the requirements that 

state, tribal, and local air quality 

management agencies must meet as they 

develop implementation plans for areas 

where air quality exceeds the 2008 8- 

hour ozone NAAQS.1 See 80 FR 12264. 

Areas that were designated as marginal 

ozone nonattainment areas were 

required to attain the 2008 8-hour ozone 

NAAQS no later than July 20, 2015, 

based on 2012–2014 monitoring data. 

See 40 CFR 51.1103. The Connecticut 

areas did not attain the 2008 8-hour 

ozone NAAQS by July 20, 2015, and 

therefore on April 11, 2016, the EPA 

Administrator signed a final rule 

reclassifying both Connecticut areas 

from marginal nonattainment areas to 

moderate nonattainment areas for the 

2008 8-hour ozone standard. See 81 FR 

26697 (May 4, 2016). Moderate areas are 

required to attain the 2008 8-hour ozone 

NAAQS no later than July 20, 2018, six 

years after the effective date of the 

initial nonattainment designations. See 

40 CFR 51.1103. 

Based on the initial nonattainment 

designation for the 2008 8-hour ozone 

standard, Connecticut was required to 

develop a SIP revision addressing 

certain CAA requirements for both 

nonattainment areas. One component of 

that was a SIP addressing nonattainment 

new source review. See 40 CFR 51.1114. 

On March 9, 2017, Connecticut 

submitted a SIP revision addressing the 

NNSR requirements related to the 2008 

8-hour ozone NAAQS for both 

nonattainment areas.2 EPA’s analysis of 

how this SIP revision addresses the 

NNSR requirements for the 2008 8-hour 

ozone NAAQS is provided below. 

II. Analysis of Connecticut’s 

Nonattainment New Source Review 

Requirements 

The minimum SIP requirements for 

NNSR permitting programs for the 2008 

8-hour ozone NAAQS are located in 40 

CFR 51.165. These NNSR program 

requirements include those promulgated 

in the ‘‘Phase 2 Rule’’ implementing the 

1997 8-hour ozone NAAQS (70 FR 

71612 (November 29, 2005)) and the SIP 

Requirements Rule implementing the 

2008 8-hour ozone NAAQS. Under the 

Phase 2 Rule, the SIP for each ozone 

nonattainment area must contain NNSR 

provisions that: Set major source 

thresholds for NOX and VOC pursuant 

to 40 CFR 51.165(a)(1)(iv)(A)(1)(i) 

through (iv) and (a)(1)(iv)(A)(2); classify 

physical changes at a major source if the 

change would constitute a major source 

by itself pursuant to 40 CFR 

51.165(a)(1)(iv)(A)(3); consider any 

significant net emissions increase of 

NOX as a significant net emissions 

increase for ozone pursuant to 40 CFR 

51.165(a)(1)(v)(E); consider increases of 

VOC emissions in extreme ozone 

nonattainment areas as significant net 

emissions increases and major 

modifications for ozone pursuant to 40 

CFR 51.165(a)(1)(v)(F); set significant 

emissions rates for VOC and NOX as 

ozone precursors pursuant to 40 CFR 

51.165(a)(1)(x)(A) through (C) and (E); 

contain provisions for emissions 

reductions credits pursuant to 40 CFR 

51.165(a)(3)(ii)(C)(1) and (2); provide 

that the requirements applicable to VOC 

also apply to NOX pursuant to 40 CFR 

51.165(a)(8); and set offset ratios for 

VOC and NOX pursuant to 40 CFR 

51.165(a)(9)(i) through (iii) (renumbered 

as (a)(9)(ii) through (iv) under the SIP 

Requirements Rule for the 2008 8-hour 

ozone NAAQS). Under the SIP 

Requirements Rule for the 2008 8-hour 

ozone NAAQS, the SIP for each ozone 

nonattainment area designated 

nonattainment for the 2008 8-hour 

ozone NAAQS and designated 

nonattainment for the 1997 ozone 

NAAQS on April 6, 2015, must also 

contain NNSR provisions that include 

the anti-backsliding requirements at 40 

CFR 51.1105. 

Connecticut’s longstanding SIPapproved NNSR program, established in 

Regulations of Connecticut State 

Agencies (RCSA) Sections 22a–174–1 

(definitions), and 22a–174–3a 

(applicability and substantive 

requirements) applies to the 

construction and modification of 

stationary sources, including major 

stationary sources in nonattainment 

areas. In its SIP revision, Connecticut 

certifies that the version of RCSA 

Sections 22a–174–1 and 22a–174–3a in 

the current SIP meet the federal NNSR 

requirements for both ozone 

nonattainment areas within 

Connecticut. EPA last approved 

revisions to the SIP-approved version of 

Connecticut’s NNSR rule in 2015 

addressing, among other things, the 

NNSR requirements that apply when a 

major source or major modification 

causes a significant impact in an area 

that is violating the PM2.5 ambient air 

quality standard. 

Connecticut’s SIP-approved NNSR 

regulation retains the NNSR 

requirements applicable to serious and 

severe nonattainment areas, even 

though the two nonattainment areas in 

the State are now classified as moderate 

nonattainment under the 2008 8-hour 

ozone NAAQS. Connecticut’s SIPapproved NNSR regulation defines the 

term ‘‘Severe nonattainment area for 

ozone’’ as including the cities and 

towns that were historically part of the 

severe New York-N. New Jersey-Long 

Island, NY–NJ–CT ozone nonattainment 

area designated on November 15, 1990 

for the 1-hr ozone NAAQS. The term 

‘‘Serious nonattainment area for ozone’’ 

is defined to include ‘‘all towns within 

the State of Connecticut, except those 

towns located in the severe nonattainment area for ozone.’’ This is the 

portion of the State that was historically 

part of the serious Greater Connecticut 

nonattainment area designated on 

November 15, 1990 for the 1-hr ozone 

NAAQS. The SIP’s definition of ‘‘Major 

stationary source’’ then uses these terms 

to define the NOX and VOC emission 

thresholds when determining if a source 

is major for ozone. The SIP’s major 

stationary source threshold for NOX and 

VOC in the area defined as a ‘‘Severe 

nonattainment area for ozone’’ is 25 tons 

per year. The SIP’s major stationary 

source threshold for NOX and VOC in 

the area defined as a ‘‘Serious 

nonattainment area for ozone’’ is 50 tons 

per year. These thresholds for NOX and 

VOC are consistent with EPA 

regulations. 

Connecticut’s NNSR SIP also properly 

addresses the thresholds for VOC and 

NOX, as precursors to ozone, in the 

definition of ‘‘Major modification’’ by 


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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 37821 

establishing the threshold for either of 

these ozone precursors at 25 tons per 

year. This threshold for a major 

modification is consistent with EPA 

regulations. Lastly, since Connecticut’s 

NNSR SIP retains the definitions 

‘‘Serious nonattainment area for ozone’’ 

and ‘‘Severe nonattainment area for 

ozone’’ that are based on how the State 

was designated nonattainment on 

November 15, 1990 for the 1-hr ozone 

standard, the State’s SIP meets the antibacksliding requirements. 

III. Final Action 

EPA is approving Connecticut’s 

March 9, 2017, SIP revision addressing 

the NNSR requirements for the 2008 8- 

hour ozone NAAQS for both 

nonattainment areas in the State. The 

approval encompasses both the original 

designations under the 2008 8-hour 

ozone NAAQS of marginal and the 

subsequent reclassification of both 

nonattainment areas to moderate. The 

approval also includes the applicable 

NNSR provisions of Connecticut’s 

regulations that satisfy the CAA’s antibacksliding requirements. As discussed 

above in this notice, Connecticut’s SIP 

retains the NNSR requirements 

applicable to serious and severe 

nonattainment areas, even though the 

two nonattainment areas in the State are 

now classified as moderate 

nonattainment areas. EPA has 

concluded that the State’s submission 

fulfills the 40 CFR 51.1114 revision 

requirement and meets the requirements 

of CAA section 110 and the minimum 

SIP requirements of 40 CFR 51.165. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective October 

13, 2017 without further notice unless 

the Agency receives relevant adverse 

comments by September 13, 2017. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on October 13, 2017 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

In addition, Connecticut was issued a 

finding of failure to submit, which 

started an 18 month sanctions clock and 

a 24 month Federal Implementation 

Plan (FIP) clock. See 82 FR 9158 

(February 3, 2017). The 18 month 

sanctions clock was stopped when 

Connecticut submitted the SIP and we 

determined it complete on April 19, 

2017. The 24 month FIP clock will stop 

upon the effective date of our final 

approval, October 13, 2017. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 13, 2017. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 


sradovich on DSK3GMQ082PROD with RULES
37822 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 24, 2017. 

Deborah A. Szaro, 

Acting Regional Administrator, EPA New 

England. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart H—Connecticut 

■ 2. Section 52.377 is amended by 

adding paragraph (r) to read as follows: 

§ 52.377 Control strategy: Ozone. 

* * * * * 

(r) Approval. Submittal from the 

Connecticut Department of Energy and 

Environmental Protection dated March 

9, 2017, to address the nonattainment 

new source review requirements for the 

2008 8-hour ozone NAAQS for the 

Greater Connecticut and the New YorkN. New Jersey-Long Island, NY–NJ–CT 

ozone nonattainment areas, as it meets 

the requirements for both the State’s 

marginal and moderate classifications. 

[FR Doc. 2017–17021 Filed 8–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2016–0382; FRL–9966–25– 

OAR] 

RIN 2060–AT15 

Revisions to Procedure 2—Quality 

Assurance Requirements for 

Particulate Matter Continuous 

Emission Monitoring Systems at 

Stationary Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing revisions to 

Procedure 2 that were proposed in the 

Federal Register on November 21, 2016. 

Procedure 2 includes quality assurance/ 

quality control (QA/QC) procedures for 

particulate matter (PM) continuous 

emission monitoring systems (CEMS) 

used for compliance determination at 

stationary sources. The QA procedures 

specify the minimum requirements 

necessary for the control and assessment 

of the quality of PM CEMS data 

submitted to the EPA and other 

regulatory authorities. This action 

establishes consistent requirements for 

ensuring and assessing the quality of 

PM data measured by CEMS that meet 

initial acceptance requirements in 

Performance Specification (PS) 11 of 

appendix B to part 60. 

DATES: This final rule is effective on 

September 13, 2017. 

ADDRESSES: Docket: The EPA has 

established a docket for this rulemaking 

under Docket ID No. EPA–HQ–OAR– 

2016–0382. All documents in the docket 

are listed at https://

www.regulations.gov. 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 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Room 3334, 

EPA WJC West Building, 1301 

Constitution Avenue NW., Washington, 

DC 20004. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the EPA 

Docket Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kimberly Garnett, Office of Air Quality 

Planning and Standards, Air Quality 

Assessment Division, Measurement 

Technology Group (Mail Code: E143– 

02), U.S. Environmental Protection 

Agency, Research Triangle Park, NC 

27709; telephone number: (919) 541– 

1158; fax number: (919) 541–0516; 

email address: garnett.kim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The information in this document is 

organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

C. Judicial Review 

II. Background 

III. Final Revisions to Procedure 2 

IV. Summary of Major Comments and 

Responses 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act (CRA) 

I. General Information 

A. Does this action apply to me? 

The entities potentially affected by 

this rule include any facility that is 

required to install and operate a PM 

CEMS under any provision of title 40 of 

the Code of Federal Regulations. If you 

have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section of this document. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this action 

is available on the Internet through the 

EPA’s Technology Transfer Network 

(TTN) Web site, a forum for information 

and technology exchange in various 

areas of air quality management, 

measurement standards and 

implementation, etc. Following 

publication in the Federal Register, the 

EPA will post the Federal Register 

version of the promulgation and key 

technical documents on the TTN at 

http://www.epa.gov/ttn/emc/ 

promulgated.html. 

C. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act (CAA), judicial review of this 

final rule is available only by filing a 

petition for review in the U.S. Court of 

Appeals for the District of Columbia 

Circuit by October 13, 2017. Under 


sradovich on DSK3GMQ082PROD with RULES