Findings of Failure To Submit State Implementation Plans Required for Attainment of the 2010 1-Hour Primary Sulfur Dioxide (SO2

CourtEnvironmental Protection Agency
Citation85 FR 69504
Record Number2020-22947
SectionRules and Regulations
Published date03 November 2020
69504
Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Rules and Regulations
drawing materials and materials for
artists; paintbrushes; instructional and
teaching materials; plastic sheets, films
and bags for wrapping and packaging;
printers’ type, printing blocks.
17. Unprocessed and semi-processed
rubber, gutta-percha, gum, asbestos,
mica and substitutes for all these
materials; plastics and resins in
extruded form for use in manufacture;
packing, stopping and insulating
materials; flexible pipes, tubes and
hoses, not of metal.
18. Leather and imitations of leather;
animal skins and hides; luggage and
carrying bags; umbrellas and parasols;
walking sticks; whips, harness and
saddlery; collars, leashes and clothing
for animals.
19. Materials, not of metal, for
building and construction; rigid pipes,
not of metal, for building; asphalt, pitch,
tar and bitumen; transportable
buildings, not of metal; monuments, not
of metal.
20. Furniture, mirrors, picture frames;
containers, not of metal, for storage or
transport; unworked or semi-worked
bone, horn, whalebone or mother-of-
pearl; shells; meerschaum; yellow
amber.
21. Household or kitchen utensils and
containers; cookware and tableware,
except forks, knives and spoons; combs
and sponges; brushes, except
paintbrushes; brush-making materials;
articles for cleaning purposes;
unworked or semi-worked glass, except
building glass; glassware, porcelain and
earthenware.
22. Ropes and string; nets; tents and
tarpaulins; awnings of textile or
synthetic materials; sails; sacks for the
transport and storage of materials in
bulk; padding, cushioning and stuffing
materials, except of paper, cardboard,
rubber or plastics; raw fibrous textile
materials and substitutes therefor.
23. Yarns and threads for textile use.
24. Textiles and substitutes for
textiles; household linen; curtains of
textile or plastic.
25. Clothing, footwear, headwear.
26. Lace, braid and embroidery, and
haberdashery ribbons and bows;
buttons, hooks and eyes, pins and
needles; artificial flowers; hair
decorations; false hair.
27. Carpets, rugs, mats and matting,
linoleum and other materials for
covering existing floors; wall hangings,
not of textile.
28. Games, toys and playthings; video
game apparatus; gymnastic and sporting
articles; decorations for Christmas trees.
29. Meat, fish, poultry and game; meat
extracts; preserved, frozen, dried and
cooked fruits and vegetables; jellies,
jams, compotes; eggs; milk, cheese,
butter, yogurt and other milk products;
oils and fats for food.
30. Coffee, tea, cocoa and artificial
coffee; rice, pasta and noodles; tapioca
and sago; flour and preparations made
from cereals; bread, pastries and
confectionery; chocolate; ice cream,
sorbets and other edible ices; sugar,
honey, treacle; yeast, baking-powder;
salt, seasonings, spices, preserved herbs;
vinegar, sauces and other condiments;
ice (frozen water).
31. Raw and unprocessed agricultural,
aquacultural, horticultural and forestry
products; raw and unprocessed grains
and seeds; fresh fruits and vegetables,
fresh herbs; natural plants and flowers;
bulbs, seedlings and seeds for planting;
live animals; foodstuffs and beverages
for animals; malt.
32. Beers; non-alcoholic beverages;
mineral and aerated waters; fruit
beverages and fruit juices; syrups and
other non-alcoholic preparations for
making beverages.
33. Alcoholic beverages, except beers;
alcoholic preparations for making
beverages.
34. Tobacco and tobacco substitutes;
cigarettes and cigars; electronic
cigarettes and oral vaporizers for
smokers; smokers’ articles; matches.
Services
35. Advertising; business
management, organization and
administration; office functions.
36. Financial, monetary and banking
services; insurance services; real estate
affairs.
37. Construction services; installation
and repair services; mining extraction,
oil and gas drilling.
38. Telecommunications services.
39. Transport; packaging and storage
of goods; travel arrangement.
40. Treatment of materials; recycling
of waste and trash; air purification and
treatment of water; printing services;
food and drink preservation.
41. Education; providing of training;
entertainment; sporting and cultural
activities.
42. Scientific and technological
services and research and design
relating thereto; industrial analysis,
industrial research and industrial design
services; quality control and
authentication services; design and
development of computer hardware and
software.
43. Services for providing food and
drink; temporary accommodation.
44. Medical services; veterinary
services; hygienic and beauty care for
human beings or animals; agriculture,
aquaculture, horticulture and forestry
services.
45. Legal services; security services
for the physical protection of tangible
property and individuals; personal and
social services rendered by others to
meet the needs of individuals.
Dated: October 1, 2020.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2020–22353 Filed 11–2–20; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR PART 52
[EPA–HQ–OAR–2020–0377; FRL–10015–79–
OAR]
Findings of Failure To Submit State
Implementation Plans Required for
Attainment of the 2010 1-Hour Primary
Sulfur Dioxide (SO
2
) National Ambient
Air Quality Standard (NAAQS)
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is taking a final action to
find that four states and territories
(Indiana, Louisiana, Guam, and Puerto
Rico) failed to submit State
Implementation Plans (SIPs) to satisfy
certain nonattainment area planning
requirements of the Clean Air Act (CAA)
for the 2010 1-Hour Primary Sulfur
Dioxide (SO
2
) National Ambient Air
Quality Standard (NAAQS). The
purpose of the development and
implementation of nonattainment area
SIPs is to provide for attainment of the
NAAQS as expeditiously as practicable
following the designation of an area as
nonattainment. This action triggers
certain CAA deadlines for the EPA to
impose sanctions if a state or territory
does not submit a complete SIP
addressing the outstanding
requirements and for the EPA to
promulgate a Federal Implementation
Plan (FIP) if the EPA does not approve
a state’s or territory’s SIP.
DATES
: The effective date of this action
is December 3, 2020.
FOR FURTHER INFORMATION CONTACT
:
General questions concerning this
notice should be addressed to Ms.
Sydney Lawrence, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail Code: C539–01,
109 T.W. Alexander Drive, Research
Triangle Park, NC 27709; by telephone
(919) 541–4768; or by email at
lawrence.sydney@epa.gov.
SUPPLEMENTARY INFORMATION
:
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1
The EPA completed its first round of initial area
designations for the 2010 1-hour primary SO
2
NAAQS on August 5, 2013, with an effective date
of October 4, 2013. Under a court order issued on
March 2, 2015, the EPA has completed two out of
three additional rounds of designations, required to
be completed by no later than December 31, 2020.
The findings in this document apply only to those
areas that were designated as a part of the third
round of designations for the 2010 SO
2
NAAQS on
January 9, 2018, with an effective date of April 9,
2018, and where, as of signature of this action, the
affected states failed to submit required complete
implementation plans to address attainment of the
1-hr primary SO
2
NAAQS.
Table of Contents
I. General Information
A. Notice and Comment Under the
Administrative Procedure Act (APA)
B. How can I get copies of this document
and other related information?
C. Where do I go if I have specific state or
territory questions?
D. How is the preamble organized?
II. Background
III. Consequences of Findings of Failure To
Submit
IV. Findings of Failure To Submit for States
That Failed To Make a Nonattainment
Area SIP Submittal
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning 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 of 1995
(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
and Safety Risks
I. Executive Order 13211: Actions 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 and Low-Income Populations
L. Congressional Review Act (CRA)
M. Judicial Review
I. General Information
A. Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553 of the APA, 5 U.S.C.
553(b)(3)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. The
EPA has determined that there is good
cause for making this final agency
action without prior proposal and
opportunity for comment because no
significant EPA judgment is involved in
making findings of failure to submit
SIPs, or elements of SIPs, required by
the CAA, where states and territories
have made no submissions, or
incomplete submissions, to meet the
requirement. Thus, notice and public
procedures are unnecessary. The EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
B. How can I get copies of this document
and other related information?
The EPA has established a docket for
this action under Docket ID No. EPA–
HQ–OAR–2020–0377. All documents in
the docket are listed on http://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information or information
whose disclosure is restricted by statue.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form
through http://www.regulations.gov. Out
of an abundance of caution for members
of the public and our staff, EPA Docket
Center and Reading Room are closed to
the public, with limited exceptions, to
reduce the risk of transmitting COVID–
19. Our Docket Center staff will
continue to provide remote customer
service via email, phone, and webform.
The telephone number for the Public
Reading Room is (202) 566–1744 and
the telephone number for the Office of
Air and Radiation Docket and
Information Center is (202) 566–1742.
For further information on EPA Docket
Center services and the current status,
please visit us online at https://
www.epa.gov/dockets.
C. Where do I go if I have specific state
or territory questions?
For questions related to specific states
or territories mentioned in this notice,
please contact the appropriate EPA
Regional Office:
EPA Region 2: Mr. Kirk Wieber, Air Programs Branch, EPA Region II, 290 Broadway, 25th Floor, New York
10007; wieber.kirk@epa.gov.Puerto Rico.
EPA Region 5: Mr. Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch,
EPA Region V, 77 West Jackson Street, Chicago, Illinois 60604; aburano.douglas@epa.gov.Indiana.
EPA Region 6: Mr. Michael Feldman, Chief, SO
2
and Regional Haze Section, EPA Region 6, 1201 Elm Street,
Suite 500, Dallas, Texas 75270; feldman.michael@epa.gov.Louisiana.
EPA Region 9: Ms. Anita Lee, Manager, Air Planning Office, EPA Region 9, 75 Hawthorne Street, San Francisco,
California 94105; lee.anita@epa.gov.Guam.
II. Background
In June 2010, the EPA promulgated a
new 1-hour primary SO
2
NAAQS of 75
parts per billion (ppb), which is met
when the 3-year average of the annual
99th percentile of daily maximum 1-
hour average concentrations does not
exceed 75 ppb, as determined in
accordance with Appendix T of 40 CFR
part 50. See 40 CFR 50.17(a and (b). On
January 9, 2018, the EPA, as part of the
third round of area designations for the
2010 SO
2
NAAQS, designated five areas
of the country as nonattainment for the
1-hour primary 2010 SO
2
NAAQS.
1
See
83 FR 1098, codified at 40 CFR part 81,
subpart C. These area designations had
an effective date of April 9, 2018.
Areas designated nonattainment for
the SO
2
NAAQS are subject to the
general nonattainment area planning
requirements of CAA section 172 and to
the SO
2
-specific planning requirements
of subpart 5 of part D of Title I of the
CAA (sections 191 and 192). All
components of the SO
2
part D
nonattainment area SIP, including the
emissions inventory, attainment
demonstration, reasonably available
control measures (RACM) and
reasonably available control technology
(RACT), enforceable emissions
limitations and control measures,
Reasonable Further Progress (RFP) plan,
nonattainment New Source Review
(NNSR) program, and contingency
measures, are due to the EPA within 18
months of the effective date of
designation of an area under CAA
section 191. Thus, the nonattainment
area SIPs for areas designated effective
April 9, 2018, were due on October 9,
2019. These SIPs are required to
demonstrate that their respective areas
will attain the NAAQS as expeditiously
as practicable, but no later than 5 years
from the effective date of designation, or
April 9, 2023.
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III. Consequences of Findings of Failure
To Submit
If the EPA finds that a state or
territory has failed to make the required
SIP submittal or that a submitted SIP is
incomplete, then CAA section 179(a)
establishes specific consequences, after
a period of time, including the
imposition of mandatory sanctions for
the affected area. Additionally, such a
finding triggers an obligation under
CAA section 110(c) for the EPA to
promulgate a FIP no later than 2 years
after the finding of failure to submit if
the affected state or territory has not
submitted, and the EPA has not
approved, the required SIP submittal.
If the EPA has not affirmatively
determined that a state or territory has
made the required complete SIP
submittal for an area within 18 months
of the effective date of this rulemaking,
then, pursuant to CAA section 179(a)
and (b) and 40 CFR 52.31, the offset
sanction identified in CAA section
179(b)(2) will apply in the affected
nonattainment area. If the EPA has not
affirmatively determined that the state
or territory has made a complete
submission within 6 months after the
offset sanction is imposed, then the
highway funding sanction will apply in
the affected nonattainment area, in
accordance with CAA section 179(b)(1)
and 40 CFR 52.31. The sanctions will
not take effect, if, within 18 months
after the effective date of these findings,
the EPA affirmatively determines that
the affected state or territory has made
a complete SIP submittal addressing the
deficiency for which the finding was
made. Additionally, if the state or
territory makes the required SIP
submittal and the EPA takes final action
to approve the submittal within 2 years
of the effective date of these findings,
the EPA is not required to promulgate
a FIP for the affected nonattainment
area.
IV. Findings of Failure To Submit for
States That Failed To Make a
Nonattainment Area SIP Submittal
As of the date of signature of this
action, the four states and territories
listed in Table 1 failed to make
complete SIP submittals required under
part D of Title I of the CAA by October
9, 2019, for the five areas designated
nonattainment effective April 9, 2018.
The specific components of the SO
2
part
D nonattainment area SIP that the four
states and territories failed to submit
include: An accurate inventory of
current emissions for all sources of SO
2
in the nonattainment area, an
attainment demonstration, reasonably
available control measures (RACM) and
reasonably available control technology
(RACT), enforceable emissions
limitations and control measures,
reasonable further progress (RFP) plan,
nonattainment new source review
(NNSR) program, and contingency
measures. Therefore, the EPA is issuing
findings of failure to submit SO
2
nonattainment area SIPs for four states
and territories responsible for these
areas.
T
ABLE
1—S
TATES OR
T
ERRITORIES AND
SO
2
N
ONATTAINMENT
A
REAS
A
FFECTED BY
T
HESE
F
INDINGS OF
F
AILURE
T
O
S
UBMIT
EPA regional office State or territory Nonattainment area
Region 2 .......................................... Puerto Rico .................................... Guayama-Salinas:
—Salinas Municipality (p).
Region 2 .......................................... Puerto Rico .................................... San Juan:
—Catan
˜o Municipality.
—Toa Baja Municipality (p).
—San Juan Municipality (p).
—Guaynabo Municipality (p).
—Bayamo
´n Municipality (p).
Region 5 .......................................... Indiana ........................................... Huntington:
—Huntington County (p).
Region 6 .......................................... Louisiana ....................................... Evangeline Parish:
—Evangeline Parish (p).
Region 9 .......................................... Guam ............................................. Piti-Cabras:
—Piti-Cabras (p).
Note: Partial counties are indicated in the table as (p).
V. Environmental Justice
Considerations
The EPA believes that the human
health or environmental risks addressed
by this action will not have
disproportionately high or adverse
human health or environmental effects
on minority, low-income, or indigenous
populations because it does not directly
affect the level of protection provided to
human health or the environment under
the SO
2
NAAQS. The purpose of this
rule is to make findings that the affected
states and territories named failed to
submit the required SIPs to provide for
timely attainment of the 1-hour primary
SO
2
NAAQS. In finding that certain
states and territories failed to submit a
complete SIP that satisfies the
nonattainment area planning
requirements under section 172 and
subpart 5 of part D of Title I of the CAA
(sections 191 and 192) for the 1-hour
primary SO
2
NAAQS, this action does
not directly affect the level of protection
provided for human health or the
environment. Moreover, it is intended
that the actions and deadlines resulting
from this notice will in fact lead to
greater protection for U.S. citizens,
including minority, low-income, or
indigenous populations, by ensuring
that states and territories meet their
obligation to develop and submit SIPs to
ensure that areas make progress toward
attaining the 1-hour primary SO
2
NAAQS.
VI. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning 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.
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C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
provisions of the PRA. This final rule
does not establish any new information
collection requirement apart from what
is already required by law. This rule
relates to the requirement in the CAA
for states and territories to submit SIPs
under section 172 and subpart 5 of part
D of Title I of the CAA (sections 191 and
192) which address the statutory
requirements that apply to areas
designated as nonattainment for the SO
2
NAAQS.
D. Regulatory Flexibility Act (RFA)
I certify that this rule will not have a
significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. The rule is a finding that the
named states and territories have not
made the necessary SIP submission for
nonattainment areas to meet the
requirements of part D, title I of the
CAA.
E. Unfunded Mandates Reform Act of
1995 (UMRA)
This action does not contain any
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, territorial,
local or tribal governments or the
private sector.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the named states or
territories, on the relationship between
the national government and named the
states or territories, 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. This rule finds that the
named states and territories failed to
submit a complete SIP that satisfies the
nonattainment area plan requirements
under section 172 and subpart 5 of part
D of Title I of the CAA (sections 191 and
192) for the 1-hour primary SO
2
NAAQS. No tribe is subject to the
requirement to submit an
implementation plan under section 172
or under subpart 5 of part D of Title I
of the CAA. Thus, Executive Order
13175 does not apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern 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 is a finding that the named
states and territories failed to submit a
complete SIP that satisfies the
nonattainment area plan requirements
under section 172 and subpart 5 of part
D of Title I of the CAA for the 1-hour
primary SO
2
NAAQS and does not
directly or disproportionately affect
children.
I. Executive Order 13211: Actions 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 the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. In finding that the named
states and territories have failed to
submit a complete SIP that satisfies the
nonattainment area plan requirements
under section 172 and subpart 5 of part
D of Title I of the CAA for the 1-hour
primary SO
2
NAAQS, this action does
not directly affect the level of protection
provided to human health or the
environment.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
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).
M. Judicial Review
Section 307(b)(1) of the CAA indicates
which Federal Courts of Appeal have
venue for petitions of review of final
actions by the EPA under the CAA. This
section provides, in part, that petitions
for review must be filed in the United
States Court of Appeals for the District
of Columbia Circuit if (i) the agency
action consists of ‘‘nationally applicable
regulations promulgated, or final actions
taken, by the Administrator,’’ or (ii)
such action is locally or regionally
applicable, but ‘‘such action is based on
a determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’
This final action is nationally
applicable. To the extent a court finds
this final action to be locally or
regionally applicable, the EPA finds that
this action is based on a determination
of ‘‘nationwide scope or effect’’ within
the meaning of CAA section 307(b)(1).
This final action consists of findings of
failure to submit required SIPs from four
states and territories for five named
nonattainment areas for the 2010
primary 1-hour SO
2
NAAQS, located in
four of the 10 EPA Regions, and in four
different federal judicial circuits. This
final action is also based on a common
core of factual findings concerning the
receipt and completeness of the relevant
SIP submittals. For these reasons, this
final action is nationally applicable or,
alternatively, to the extent a court finds
this action to be locally or regionally
applicable, the Administrator has
determined that this final action is
based on a determination of nationwide
scope or effect for purposes of CAA
section 307(b)(1).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the District of
Columbia Circuit within 60 days from
the date this final action is published in
the Federal Register.
Filing a petition for reconsideration
by the Administrator of this final action
does not affect the finality of the action
for the purposes of judicial review, nor
does it extend the time within which a
petition for judicial review must be filed
and shall not postpone the effectiveness
of such rule or action.
List of Subjects in 40 CFR Part 52
Environmental protection, Approval
and promulgation of implementation
plans, Administrative practice and
procedures, Air pollution control,
Incorporation by reference,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
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Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Rules and Regulations
Dated: October 8, 2020.
Anne L. Austin,
Principal Deputy Assistant Administrator.
[FR Doc. 2020–22947 Filed 11–2–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2020–0016; FRL–10015–94–
OAR]
RIN 2060–AU25
National Emission Standards for
Hazardous Air Pollutants: Phosphoric
Acid Manufacturing
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: This action finalizes an
amendment to the national emission
standards for hazardous air pollutants
(NESHAP) for the Phosphoric Acid
Manufacturing source category. The
final amendment is in response to a
petition for rulemaking on the mercury
emission limit for existing phosphate
rock calciners that was finalized on
August 19, 2015 (‘‘2015 Rule’’). That
emission limit was based on the
maximum achievable control
technology (MACT) floor for existing
sources. All six of the existing calciners
used to set this MACT floor are located
at the PCS Phosphate Company, Inc.
(‘‘PCS Phosphate’’) facility in Aurora,
North Carolina (‘‘PCS Aurora’’). PCS
Phosphate asserted that data received
since the rule’s promulgation indicate
that the MACT floor did not accurately
reflect the average emission limitation
achieved by the units used to set the
standard. Based on these new data, the
U.S. Environmental Protection Agency
(EPA) is finalizing a revision of the
mercury MACT floor for existing
calciners.
DATES
: This final rule is effective on
November 3, 2020.
ADDRESSES
: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2020–0016. All
documents in the docket are listed in
https://www.regulations.gov/. Although
listed, some information is not publicly
available, e.g., Confidential Business
Information 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. With
the exception of such material, publicly
available docket materials are available
electronically through https://
www.regulations.gov/. Out of an
abundance of caution for members of
the public and our staff, the EPA Docket
Center and Reading Room are closed to
the public, with limited exceptions, to
reduce the risk of transmitting COVID–
19. Our Docket Center staff will
continue to provide remote customer
service via email, phone, and webform.
For further information on EPA Docket
Center services and the current status,
please visit us online at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT
: For
questions about this final action, contact
Mr. John Feather, 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–
3052; fax number: (919) 541–4991 and
email address: feather.john@epa.gov.
SUPPLEMENTARY INFORMATION
:
Preamble acronyms and
abbreviations. We use multiple
acronyms and terms in this preamble.
While this list may not be exhaustive, to
ease the reading of this preamble and for
reference purposes, the EPA defines the
following terms and acronyms here:
BTF beyond-the-floor
CAA Clean Air Act
CFR Code of Federal Regulations
CRA Congressional Review Act
HAP hazardous air pollutants(s)
ICR Information Collection Request
lb/yr pounds per year
MACT maximum achievable control
technology
mg/dscm milligrams per dry standard cubic
meter
NAICS North American Industry
Classification System
NESHAP national emission standards for
hazardous air pollutants
NTTAA National Technology Transfer and
Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
Background information. On April 7,
2020, the EPA proposed revisions to the
Phosphoric Acid Manufacturing
NESHAP (85 FR 19412). In this action,
we are finalizing decisions and
revisions for the rule. We summarize
some of the more significant comments
we timely received regarding the
proposed rule and provide our
responses in this preamble. A summary
of all other public comments on the
proposal and the EPA’s responses to
those comments is available in the
Summary of Public Comments and
Responses for the Phosphoric Acid
Manufacturing NESHAP, Docket ID No.
EPA–HQ–OAR–2020–0016.
Organization of this document. The
information in this preamble 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 and Administrative
Reconsideration
II. Background
III. Summary of the Final Amendments
IV. Summary of Comments and Responses
V. Summary of Cost, Environmental, and
Economic Impacts
VI. Statutory and Executive Order Reviews
A. Executive Orders 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?
Regulated entities. Categories and
entities potentially regulated by this
action are shown in Table 1 of this
preamble.
T
ABLE
1—NESHAP
AND
I
NDUSTRIAL
S
OURCE
C
ATEGORIES
A
FFECTED BY
T
HIS
F
INAL
A
CTION
NESHAP and source category NAICS
1
code
Phosphoric Acid Manufacturing .. 325312
1
North American Industry Classification
System.
Table 1 of this preamble is not
intended to be exhaustive, but rather to
provide a guide for readers regarding
entities likely to be affected by the final
action for the source category listed. To
determine whether your facility is
affected, you should examine the
applicability criteria in the appropriate
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