[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Rules and Regulations]
[Pages 25666-25669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12565]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2002-0071; FRL-8910-5]
RIN 2060-AP13
Update of Continuous Instrumental Test Methods; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: EPA published a final rule in the Federal Register on May 22,
2008, that made technical corrections to five test methods. Inadvertent
printing errors were made in the publication. Text insertions were
misplaced, duplicate insertions were made, and the definition for
system bias was inadvertently revised. The purpose of this action is to
correct these errors.
DATES: This correction is effective on June 29, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Foston Curtis, Air Quality
Assessment Division, Office of Air Quality Planning and Standards
(E143-02), Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number (919) 541-1063; fax number (919)
541-0516; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Summary of Amendment
EPA promulgated revisions to continuous instrumental test methods
on May 22, 2008, where a number of technical amendments were made to
five test methods. Several of the revisions were added to the text in
the wrong places and in some cases duplicate insertions were made. The
definition for system bias was also inadvertently revised. This action
corrects those publication errors.
Section 553 of the Administrative Procedure Act (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. We have determined that
there is good cause for making this technical correction final without
prior proposal and opportunity for comment because only simple
publication errors are being corrected that do not substantially change
the Agency actions taken in the final rule. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B). (See also the final sentence of section
307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), indicating
that the good cause provisions in subsection 553(b) of the APA continue
to apply to this type of rulemaking under section 307(d) of the CAA.
II. Statutory and Executive Order Reviews
Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ``significant regulatory
action'' and is therefore not subject to review by the Office of
Management and Budget. This action is not a ``major rule'' as defined
by 5 U.S.C. 804(2). The technical corrections do not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Because EPA has made a ``good cause'' finding that this action is
not subject to notice and comment requirements under the APA or any
other statute (see Section II), it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act [5 U.S.C. 601
et seq.], or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) [Pub. L. 104-4]. In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of the UMRA.
This action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175, Consultation and Coordination with Indian Tribal Governments (65
FR 67249, November 9, 2000). This correction also is not subject to
Executive Order 13045, Protection of Children from Environmental Health
and Safety Risks (62 FR 19885, April 23, 1997) because it is not
economically significant.
This technical correction does not involve changes to the technical
standards related to test methods or monitoring requirements; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply.
This technical correction also does not involve special
consideration of environmental justice-related issues as required by
Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994).
The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added
by the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), 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 U.S. Section 808 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 public procedure
is impracticable, unnecessary, or contrary to the public interest. This
[[Page 25667]]
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefor, and established an effective date of June 29,
2009. The EPA will submit a report containing this final 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 this action in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule will
be effective June 29, 2009.
This technical correction does not have substantial direct effects
on the States, or 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, Federalism (64 FR 43255, August 10, 1999).
This technical correction 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 this action is
not a significant regulatory action under Executive Order 12866.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedures,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: May 22, 2009.
Lisa P. Jackson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for Part 60 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
Appendix A-2-- [Amended]
0
2. Method 3A is amended by revising Section 7.1 to read as follows:
Method 3A--Determination of Oxygen and Carbon Dioxide Concentrations in
Emissions From Stationary Sources (Instrumental Analyzer Procedure)
* * * * *
7.1 Calibration Gas. What calibration gasses do I need? Refer to
Section 7.1 of Method 7E for the calibration gas requirements. Example
calibration gas mixtures are listed below. Precleaned or scrubbed air
may be used for the O2 high-calibration gas provided it does
not contain other gases that interfere with the O2
measurement.
(a) CO2 in nitrogen (N2).
(b) CO2 in air.
(c) CO2/SO2 gas mixture in N2.
(d) O2/SO2 gas mixture in N2.
(e) O2/CO2/SO2 gas mixture in
N2.
(f) CO2/NOX gas mixture in N2.
(g) CO2/SO2/NOX gas mixture in
N2.
The tests for analyzer calibration error and system bias require
high-, mid-, and low-level gases.
* * * * *
Appendix A-4-- [Amended]
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3. Method 7E is amended as follows:
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a. By revising section 3.12.
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b. By revising section 3.16.
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c. By revising section 7.1.
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d. By revising section 8.1.2.
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e. By revising section 8.2.1.
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f. By revising section 8.2.4.
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g. By revising the Summary Table of QA/QC in Section 9.0.
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h. By revising section 12.11.
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i. By revising section 16.2.2.
Method 7E--Determination of Nitrogen Oxides Emissions From Stationary
Sources (Instrumental Analyzer Procedure)
* * * * *
3.12 Low-Concentration Analyzer means any analyzer that operates
with a calibration span of 20 ppm NOX or lower. Each
analyzer model used routinely to measure low NOX
concentrations must pass a manufacturer's stability test (MST). An MST
subjects the analyzer to a range of line voltages and temperatures that
reflect potential field conditions to demonstrate its stability
following procedures similar to those provided in 40 CFR 53.23.
Ambient-level analyzers are exempt from the MST requirements of Section
16.3. A copy of this information must be included in each test report.
Table 7E-5 lists the criteria to be met.
* * * * *
3.16 System Bias means the difference between a calibration gas
measured in direct calibration mode and in system calibration mode.
System bias is determined before and after each run at the low- and
mid- or high-concentration levels. For dilution-type systems, pre- and
post-run system calibration error is measured rather than system bias.
* * * * *
7.1 Calibration Gas. What calibration gases do I need? Your
calibration gas must be NO in N2 and certified (or
recertified) within an uncertainty of 2.0 percent in accordance with
``EPA Traceability Protocol for Assay and Certification of Gaseous
Calibration Standards'' September 1997, as amended August 25, 1999,
EPA-600/R-97/121. Blended gases meeting the Traceability Protocol are
allowed if the additional gas components are shown not to interfere
with the analysis. If a zero gas is used for the low-level gas, it must
meet the requirements under the definition for ``zero air material'' in
40 CFR 72.2. The calibration gas must not be used after its expiration
date. Except for applications under part 75 of this chapter, it is
acceptable to prepare calibration gas mixtures from EPA Traceability
Protocol gases in accordance with Method 205 in appendix M to part 51
of this chapter. For part 75 applications, the use of Method 205 is
subject to the approval of the Administrator. The goal and
recommendation for selecting calibration gases is to bracket the sample
concentrations. The following calibration gas concentrations are
required:
* * * * *
8.1.2 Determination of Stratification. Perform a stratification
test at each test site to determine the appropriate number of sample
traverse points. If testing for multiple pollutants or diluents at the
same site, a stratification test using only one pollutant or diluent
satisfies this requirement. A stratification test is not required for
small stacks that are less than 4 inches in diameter. To test for
stratification, use a probe of appropriate length to measure the
NOX (or pollutant of interest) concentration at twelve
traverse points located according to Table 1-1 or Table 1-2 of Method
1. Alternatively, you may measure at three points on a line passing
through the centroidal area. Space the three points at 16.7, 50.0, and
83.3 percent of the measurement line. Sample for a minimum of twice the
system response time (see Section 8.2.6) at each traverse point.
Calculate the individual point and mean NOX concentrations.
If the concentration at each traverse point differs from the mean
concentration for all traverse points by no more than: (a)
5.0 percent of the mean concentration; or (b) 0.5 ppm
(whichever is less restrictive), the gas stream is considered
unstratified and you may collect samples from a single point that most
closely matches the mean. If the 5.0 percent or 0.5 ppm criterion is
not met, but the concentration at each traverse point differs from the
mean
[[Page 25668]]
concentration for all traverse points by no more than: (a)
10.0 percent of the mean; or (b) 1.0 ppm (whichever is
less restrictive), the gas stream is considered to be minimally
stratified, and you may take samples from three points. Space the three
points at 16.7, 50.0, and 83.3 percent of the measurement line.
Alternatively, if a twelve-point stratification test was performed and
the emissions were shown to be minimally stratified (all points within
10.0 percent of their mean or within 1.0
ppm), and if the stack diameter (or equivalent diameter, for a
rectangular stack or duct) is greater than 2.4 meters (7.8 ft), then
you may use 3-point sampling and locate the three points along the
measurement line exhibiting the highest average concentration during
the stratification test, at 0.4, 1.0 and 2.0 meters from the stack or
duct wall. If the gas stream is found to be stratified because the 10.0
percent or 1.0 ppm criterion for a 3-point test is not met, locate
twelve traverse points for the test in accordance with Table 1-1 or
Table 1-2 of Method 1.
* * * * *
8.2.1 Calibration Gas Verification. How must I verify the
concentrations of my calibration gases? Obtain a certificate from the
gas manufacturer documenting the quality of the gas. Confirm that the
manufacturer certification is complete and current. Ensure that your
calibration gas certifications have not expired. This documentation
should be available on-site for inspection. To the extent practicable,
select a high-level gas concentration that will result in the measured
emissions being between 20 and 100 percent of the calibration span.
* * * * *
8.2.4 NO2 to NO Conversion Efficiency Test. Before or
after each field test, you must conduct an NO2 to NO
conversion efficiency test if your system converts NO2 to NO
before analyzing for NOX. You may risk testing multiple
facilities before performing this test provided you pass this test at
the conclusion of the final facility test. A failed final conversion
efficiency test in this case will invalidate all tests performed
subsequent to the test in which the converter efficiency test was
passed. Follow the procedures in Section 8.2.4.1, or 8.2.4.2. If
desired, the converter efficiency factor derived from this test may be
used to correct the test results for converter efficiency if the
NO2 fraction in the measured test gas is known. Use Equation
7E-8 in Section 12.8 for this correction.
* * * * *
9.0 Quality Control * * *
Summary Table of AQ/QC
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Process or QA/QC Checking
Status element specification Acceptance criteria frequency
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S.............................. Identify Data Regulatory Agency or Before designing
User. other primary end test.
user of data.
S.............................. Analyzer Design.. Analyzer < 2.0% of full-scale Manufacturer
resolution or range. design.
sensitivity.
M.............................. Interference gas Sum of responses <=
check. 2.5% of calibration
span Alternatively,
sum of responses:
<= 0.5 ppmv for
calibration spans of
5 to 10 ppmv.
<= 0.2 ppmv for
calibration spans < 5
ppmv.
See Table 7E-3........
M.............................. Calibration Gases Traceability Valid certificate
protocol (G1, required Uncertainty
G2). <= 2.0% of tag value.
M.............................. High-level gas... Equal to the Each test.
calibration span.
M.............................. Mid-level gas.... 40 to 60% of Each test.
calibration span.
M.............................. Low-level gas.... < 20% of calibration Each test.
span.
S.............................. Data Recorder Data resolution.. <= 0.5% of full-scale Manufacturer
Design. range. design.
S.............................. Sample Extraction Probe material... SS or quartz if stack East test.
> 500[deg] F.
M.............................. Sample Extraction Probe, filter and For dry-basis Each run.
sample line analyzers, keep
temperature. sample above the dew
point by heating,
prior to sample
conditioning.
For wet-basis
analyzers, keep
sample above dew
point at all times,
by heating or
dilution.
S.............................. Sample Extraction Calibration valve SS.................... Each test.
material.
S.............................. Sample Extraction Sample pump Inert to sample Each test.
material. constituents.
S.............................. Sample Extraction Manifolding Inert to sample Each test.
material. constituents.
S.............................. Moisture Removal. Equipment < 5% target compound Verified through
efficiency. removal. system bias
check.
S.............................. Particulate Filter inertness. Pass system bias check Each bias check.
Removal.
M.............................. Analyzer & Analyzer Within Before initial
Calibration Gas calibration 2.0 percent of the run and after a
Performance. error (of 3- calibration span of failed system
point system the analyzer for the bias test or
calibration low-, mid-, and high- drift test.
error for level calibration
dilution gases.
systems).
Alternative
specification: <= 0.5
ppmv absolute
difference.
M.............................. System System bias (or Within Before and after
Performance. pre- and post- 5.0% of the analyzer each run.
run 2-point calibration span for
system low-sacle and upscale
calibration calibration gases.
error for
dilution
(Systems).
Alternative
specification: <= 0.5
ppmv absolute
difference.
M.............................. System System response Determines minimum During initial
Performance. time. sampling time per sampling system
point. bias test.
M.............................. System Drift............ <= 3.0% of calibration After each test
Performance. span for low-level run.
and mid- or high-
level gases.
[[Page 25669]]
Alternative
specification: <= 0.5
ppmv absolute
difference.
M.............................. System NO2-NO conversion >= 90% of certified Before or after
Performance. efficiency. test gas each test.
concentration.
M.............................. System Purge time....... >= 2 times system Before starting
Performance. response time. the first run
and when probe
is removed from
and re-inserted
into the stack.
M.............................. System Minimum sample Two times the system Each sample
Performance. time at each response time. point.
point.
M.............................. System Stable sample Within 10% of flow Each run.
Performance. flow rate rate established
(surrogate for during system
maintaining response time check.
system response
time).
M.............................. Sample Point Stratification All points within: Prior to first
Selection. test. run.
5% of
mean for 1-point
sampling.
10% of
mean for 3-point.
Alternatively, all
points within:
0.5 ppm
of mean for 1-point
sampling.
1.0 ppm
of mean for 3-point
sampling.
A.............................. Multiple sample No. of openings Multi-hole probe with Each run.
points in probe. verifiable constant
simultaneously. flow through all
holes within 10% of
mean flow rate
(requires
Administrative
approval for Part 75).
M.............................. Data Recording... Frequency........ <= 1 minute average... During run.
S.............................. Data Parameters.. Sample All 1-minute averages Each run.
concentration within calibration
range. span.
M.............................. Date Parameters.. Average Run average <= Each run.
concentration calibration span.
for the run.
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S = Suggest.
M = Mandatory.
A = Alternative.
Agency.
* * * * *
12.11 Calculated Spike Gas Concentration and Spike Recovery for the
Example Alternative Dynamic Spiking Procedure in Section 16.1.3. Use
Equation 7E-11 to determine the calculated spike gas concentration. Use
Equation 7E-12 to calculate the spike recovery.
[GRAPHIC] [TIFF OMITTED] TR29MY09.008
[GRAPHIC] [TIFF OMITTED] TR29MY09.009
* * * * *
16.2.2 Tedlar Bag Procedure. Perform the analyzer calibration error
test to document the calibration (both NO and NOX modes, as
applicable). Fill a Tedlar bag approximately half full with either
ambient air, pure oxygen, or an oxygen standard gas with at least 19.5
percent by volume oxygen content. Fill the remainder of the bag with
mid- to high-level NO in N2 (or other appropriate
concentration) calibration gas. (Note that the concentration of the NO
standard should be sufficiently high enough for the diluted
concentration to be easily and accurately measured on the scale used.
The size of the bag should be large enough to accommodate the procedure
and time required.)
(1) Immediately attach the bag to the inlet of the NOX
analyzer (or external converter if used). In the case of a dilution-
system, introduce the gas at a point upstream of the dilution assembly.
Measure the NOX concentration for a period of 30 minutes. If
the NOX concentration drops more than 2 percent absolute
from the peak value observed, then the NO2 converter has
failed to meet the criteria of this test. Take corrective action. The
highest NOX value observed is considered to be
NOXPeak. The final NOX value observed is
considered to be NOXfinal.
(2) [Reserved]
* * * * *
[FR Doc. E9-12565 Filed 5-28-09; 8:45 am]
BILLING CODE 6560-50-P