Federal Register/Vol. 85, No. 100/Friday, May 22, 2020/Rules and Regulations

31286 Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Rules and Regulations ENVIRONMENTAL PROTECTION documents in the docket are listed on reference purposes, the EPA defines the AGENCY the https://www.regulations.gov/ following terms and acronyms here: website. Although listed, some CAA Clean Air Act 40 CFR Part 63 information is not publicly available, CAMR Clean Air Mercury Rule [EPA–HQ–OAR–2018–0794; FRL–10008–60– e.g., confidential business information CEMS continuous emissions monitoring OAR] or other information whose disclosure is systems restricted by statute. Certain other CFR Code of Federal Regulations RIN 2060–AT99 material, such as copyrighted material, CRA Congressional Review Act is not placed on the internet and will be EGU electric utility steam generating unit National Emission Standards for EPA Environmental Protection Agency Hazardous Air Pollutants: Coal- and publicly available only in hard copy EPRI Electric Power Research Institute Oil-Fired Electric Utility Steam form. Publicly available docket HAP hazardous air pollutant(s) Generating Units—Reconsideration of materials are available either HCl hydrochloric acid Supplemental Finding and Residual electronically through https:// HF hydrogen fluoride Risk and Technology Review www.regulations.gov/, or in hard copy at HQ hazard quotient the EPA Docket Center, WJC West ICR information collection request AGENCY: Environmental Protection Building, Room Number 3334, 1301 km kilometer Agency (EPA). Constitution Ave. NW, Washington, DC. MACT maximum achievable control technology ACTION: Final rule. The Public Reading Room hours of MATS Mercury and Air Toxics Standards operation are 8:30 a.m. to 4:30 p.m. MIR maximum individual risk SUMMARY: The U.S. Environmental Eastern Standard Time (EST), Monday Protection Agency (EPA) is revising its MW megawatt through Friday. The telephone number NAAQS National Ambient Air Quality response to the U.S. Supreme Court for the Public Reading Room is (202) Standards decision in Michigan v. EPA, which 566–1744, and the telephone number for NAICS North American Industry held that the EPA erred by not the Docket Center is (202) 566–1742. Classification System considering cost in its determination NEI National Emissions Inventory that regulation under section 112 of the FOR FURTHER INFORMATION CONTACT: For NESHAP national emission standards for Clean Air Act (CAA) of hazardous air questions about these final actions, hazardous air pollutants pollutant (HAP) emissions from coal- contact Mary Johnson, Sector Policies NOAEL no-observed-adverse-effect-level and oil-fired electric utility steam and Programs Division (D243–01), NOX nitrogen oxides generating units (EGUs) is appropriate Office of Air Quality Planning and NTTAA National Technology Transfer and Standards, U.S. Environmental Advancement Act and necessary. After primarily OAQPS Office of Air Quality Planning and comparing the cost of compliance Protection Agency, Research Triangle Standards relative to the benefits of HAP emission Park, North Carolina 27711; telephone OMB Office of Management and Budget reduction from regulation, the EPA number: (919) 541–5025; and email PB–HAP hazardous air pollutants known to finds that it is not ‘‘appropriate and address: [email protected]. For be persistent and bio-accumulative in the necessary’’ to regulate HAP emissions specific information regarding the risk environment from coal- and oil-fired EGUs, thereby modeling methodology, contact Mark PDF Portable Document Format reversing the Agency’s previous Morris, Health and Environmental PM particulate matter conclusion under CAA section Impacts Division (C539–02), Office of PM2.5 fine particulate matter POM polycyclic organic matter 112(n)(1)(A) and correcting flaws in the Air Quality Planning and Standards, PRA Paperwork Reduction Act Agency’s prior response to Michigan v. U.S. Environmental Protection Agency, RDL representative detection level EPA. We further find that finalizing this Research Triangle Park, North Carolina REL reference exposure level new response to Michigan v. EPA will 27711; telephone number: (919) 541– RFA Regulatory Flexibility Act not remove the Coal- and Oil-Fired EGU 5416; and email address: morris.mark@ RIA regulatory impact analysis source category from the CAA section epa.gov. For information about the RTR residual risk and technology review 112(c) list of sources that must be applicability of the NESHAP to a SO2 sulfur dioxide regulated under CAA section 112(d) and particular entity, contact your EPA TOSHI target organ-specific hazard index will not affect the existing CAA section Regional representative as listed in 40 tpy tons per year UMRA Unfunded Mandates Reform Act 112(d) emissions standards that regulate CFR 63.13 (General Provisions). Background information. With this HAP emissions from coal- and oil-fired SUPPLEMENTARY INFORMATION: EGUs. The EPA is also finalizing the action, the EPA is, after review and residual risk and technology review Preamble acronyms and consideration of public comments, (RTR) conducted for the Coal- and Oil- abbreviations. We use multiple finalizing two aspects of the 2019 Fired EGU source category regulated acronyms and terms in this preamble. Proposal. On February 7, 2019, the EPA under national emission standards for While this list may not be exhaustive, to proposed to find that it is not hazardous air pollutants (NESHAP), ease the reading of this preamble and for ‘‘appropriate and necessary’’ to regulate commonly referred to as the Mercury HAP emissions from coal- and oil-fired and Air Toxics Standards (MATS). and information, in whatever form, in Docket ID EGUs, thereby reversing the Agency’s Nos. EPA–HQ–OAR–2009–0234 (National Emission Based on the results of the RTR Standards for Hazardous Air Pollutants for Coal- prior conclusion under CAA section analyses, the Agency is not and Oil-fired Electric Utility Steam Generating 112(n)(1)(A) and correcting flaws in the promulgating any revisions to the Units), EPA–HQ–OAR–2002–0056 (National Agency’s prior response to Michigan v. MATS rule. Emission Standards for Hazardous Air Pollutants EPA, 135 S. Ct. 2699 (2015). 84 FR 2670 for Utility Air Toxics; Clean Air Mercury Rule DATES: Effective May 22, 2020. (CAMR)), and Legacy Docket ID No. A–92–55 (2019 Proposal). We further proposed ADDRESSES: The EPA has established a (Electric Utility Hazardous Air Pollutant Emission that finalizing this new response to docket for these actions under Docket ID Study). See memorandum titled Incorporation by Michigan v. EPA would not remove the 1 reference of Docket Number EPA–HQ–OAR–2009– Coal- and Oil-Fired EGU source category No. EPA–HQ–OAR–2018–0794. All 0234, Docket Number EPA–HQ–OAR–2002–0056, and Docket Number A–92–55 into Docket Number from the CAA section 112(c) list of 1 As explained in a memorandum to the docket, EPA–HQ–OAR–2018–0794 (Docket ID Item No. sources that must be regulated under the docket for these actions include the documents EPA–HQ–OAR–2018–0794–0005). CAA section 112(d) and would not VerDate Sep<11>2014 18:24 May 21, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\22MYR2.SGM 22MYR2 Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Rules and Regulations 31287 affect the existing CAA section 112(d) D. Effects of This Reversal of the G. What analysis of children’s emissions standards that regulate HAP Supplemental Finding environmental health did we conduct? emissions from coal- and oil-fired EGUs. III. Background on the RTR Action VII. Statutory and Executive Order Reviews A. What is the statutory authority for this A. Executive Orders 12866: Regulatory In the same action, the EPA also action? proposed the results of the RTR of the Planning and Review and Executive B. What is the Coal- and Oil-Fired EGU Order 13563: Improving Regulation and NESHAP for Coal- and Oil-Fired EGUs. source category and how does the Regulatory Review In this action, we are taking final action NESHAP regulate HAP emissions from B. Executive Order 13771: Reducing with regard to these aspects of the 2019 the source category? Regulation and Controlling Regulatory Proposal.2 We summarize some of the C. What changes did we propose for the Costs more significant comments regarding Coal- and Oil-Fired EGU source category C. Paperwork Reduction Act (PRA) in our February 7, 2019, proposed rule? the proposed rule and provide our D. Regulatory Flexibility Act (RFA) IV. What is included in this final rule based E. Unfunded Mandates Reform Act responses in this preamble. A summary on results of the RTR? of all other significant comments on the A. What are the final rule amendments (UMRA) 2019 Proposal and the EPA’s responses based on the residual risk review for the F. Executive Order 13132: Federalism to those comments is available in the Coal- and Oil-Fired EGU source G. Executive Order 13175: Consultation document titled Final Supplemental category? and Coordination With Indian Tribal Governments Finding and Risk and Technology B. What are the final rule amendments H. Executive Order 13045: Protection of Review for the NESHAP for Coal- and based on the technology review for the Coal- and Oil-Fired EGU source Children From Environmental Health Oil-Fired EGUs Response to Public category? Risks and Safety Risks Comments on February 7, 2019 Proposal C. What are the effective and compliance I. Executive Order 13211: Actions (Response-to-Comment (RTC) dates of the standards? Concerning Regulations That document), in Docket ID No. EPA–HQ– V. What is the rationale for our final Significantly Affect Energy Supply, OAR–2018–0794. decisions regarding the RTR action for Distribution, or Use the Coal- and Oil-Fired EGU source J. National Technology Transfer and Organization of this document. The category? Advancement Act (NTTAA) information in this preamble is A. Residual Risk Review for the Coal- and K. Executive Order 12898: Federal Actions organized as follows: Oil-Fired EGU Source Category To Address Environmental Justice in I.

Load more