[Federal Register: September 7, 2007 (Volume 72, Number 173)]
[Proposed Rules]
[Page 51394-51396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se07-27]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 72 and 75
[EPA-HQ-OAR-2007-0164, FRL-8459-7]
RIN 2060-AO01
Two Optional Methods for Relative Accuracy Test Audits of Mercury
Monitoring Systems Installed on Combustion Flue Gas Streams and Several
Amendments to Related Mercury Monitoring Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing two optional methods for relative accuracy
audits of mercury monitoring systems installed on combustion flue gas
streams and several amendments to related mercury monitoring
provisions. In specific, this action proposes two optional mercury (Hg)
emissions test methods for potential use in conjunction with an
existing regulatory requirement for Hg emissions monitoring specified
in the Federal Register on May 18, 2005, as well as several revisions
to the mercury monitoring provisions themselves. Since that Federal
Register publication, EPA has received numerous comments concerning the
desirability of EPA evaluating and allowing use of the measurement
techniques addressed in the two optional methods in lieu of the methods
identified in the cited Federal Register publication, as they can
produce equally acceptable measures of the relative accuracy achieved
by Hg monitoring systems. This action would allow use of these two
optional methods entirely at the discretion of the owner or operator of
an affected emission source in place of the two currently specified
methods. This also proposes to amend Performance Specification 12A by
adding Methods 30A and 30B to the list of reference methods acceptable
for measuring Hg concentration and to amend the Hg monitoring
provisions of May 18, 2005, to reflect technical insights since gained
by EPA which will help to facilitate their implementation including
clarification and increased regulatory flexibility for affected
sources.
DATES: Written comments must be received by October 9, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0164, by mail to ``Two Optional Methods for Relative Accuracy
Test Audits of Mercury Monitoring Systems Installed on Combustion Flue
Gas Streams and Several Amendments to the Related Mercury Monitoring
Provisions, Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.'' Please include a
total of two copies. Comments may also be submitted electronically or
through hand delivery/courier by following the detailed instructions in
the ADDRESSES section of the direct final rule located in rules section
of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Either Mr. William Grimley, Office of
Air Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (E143-02), EPA, Research Triangle Park, NC
27711, telephone (919) 541-1065, facsimile number (919) 541-0516, e-
mail address: grimley.william@epa.gov or Ms. Robin Segall, Office of
Air Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (E143-02), EPA, Research Triangle Park, NC
27711, telephone (919) 541-0893, facsimile number (919) 541-0516, e-
mail address: segall.robin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposal?
This document proposes to take action on ``Two Optional Methods for
Relative Accuracy Test Audits of Mercury Monitoring Systems Installed
on Combustion Flue Gas Streams and Several Amendments to Related
Mercury Monitoring Provisions.'' We have published a direct final rule
to approve two optional Hg emissions test methods and to amend the Hg
monitoring provisions of May 18, 2005 for clarity and increased
regulatory flexibility because we view this as a noncontroversial
action and anticipate no adverse comment. We have explained our reasons
for this action in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will publish a
timely withdrawal in the Federal Register indicating which provisions
we are withdrawing and informing the public that those provisions will
not take effect. The provisions that are not withdrawn will become
effective on the date set out above, notwithstanding adverse comment on
any other provision. We would address all public comments in a
subsequent final rule based on the proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must
[[Page 51395]]
do so at this time. For further information, please see the information
provided in the ADDRESSES section of this document.
II. Does This Action Apply to Me?
Regulated Entities. The regulated categories and entities affected
by this proposed rule include:
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Examples of regulated
Category NAICS \a\ entities
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Industry....................... 221112 Fossil fuel-fired
electric utility steam
generating units.
Federal government............. \b\ 221122 Fossil fuel-fired
electric utility steam
generating units owned
by the Federal
government.
State/local governments........ \b\ 221122 Fossil fuel-fired
electric utility steam
generating units owned
by municipalities.
Tribal governments............. 921150 Fossil fuel-fired
electric utility steam
generating units in
Indian country.
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\a\ North American Industry Classification System.
\b\ Federal, 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 affected by this
direct final rule. If you have any questions regarding the
applicability of this direct final rule to a particular entity, consult
either the air permit authority for the entity or your EPA regional
representative as listed in 40 CFR 63.13.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information, unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business whose parent
company has fewer than 100 or 1,000 employees, or fewer than 4 billion
kilowatt-hr per year of electricity usage, depending on the size
definition for the affected North American Industry Classification
System code; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities
because it does not impose any additional regulatory requirements, but
rather provides clarification and additional regulatory flexibilty.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments in the aggregate, or to the
private sector in any 1 year, nor does this rule significantly or
uniquely impact small governments, because it contains no requirements
that impose new obligations upon them. Thus, this direct final rule is
not subject to the
[[Page 51396]]
requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This proposed rule 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,
as specified in Executive Order 13132. The use of these methods is
optional on the part of the regulated entities listed. Thus, Executive
Order 13132 does not apply to this direct final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This direct final rule does
not have tribal implications, as specified in Executive Order 13175. It
will not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to this proposed rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
rulemaking involves technical standards. Consistent with the NTTAA, EPA
in a previous related rulemaking (70 FR 28606, May 18, 2005) identified
an acceptable VCS for measuring Hg emissions. The standard ASTM D6784-
02, Standard Test Method for Elemental, Oxidized, Particle-Bound and
Total Mercury Gas Generated from Coal-Fired Stationary sources (Ontario
Hydro Method) was cited in that final rule for measuring Hg emissions.
After today's action becomes effective, the Ontario Hydro Method will
remain an acceptable method for measuring Hg emissions.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this direct final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This direct final rule does not affect or relax the
control measures on sources impacted by this rule and therefore will
not cause emissions increases from these sources.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedures,
Air pollution control, Continuous emission monitors, Electric
utilities, Mercury, Test methods and procedures.
40 CFR Part 72
Environmental protection, Administrative practice and procedures,
Air pollution control, Continuous emission monitors, Electric
utilities, Mercury, Test methods and procedures.
40 CFR Part 75
Environmental protection, Administrative practice and procedures,
Air pollution control, Continuous emission monitors, Electric
utilities, Mercury, Test methods and procedures.
Dated: August 17, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-16852 Filed 9-6-07; 8:45 am]
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