Performance Specification 16 for Predictive Emission Monitoring Systems and Amendments to Testing and Monitoring Provisions, 45608-45625 [05-15330]
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45608
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
(EPA), Region 8, Mailcode 8P-AR, 999
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Please see the direct final rule which
is located in the Rules Section of this
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instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Amy Platt, Environmental Protection
Agency, Region 8, 999 18th Street, Suite
300, Denver, CO 80202–2466, (303)
312–6449, platt.amy@epa.gov.
SUPPLEMENTARY INFORMATION: See the
information provided in the Direct Final
action of the same title which is located
in the Rules and Regulations section of
this Federal Register.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 14, 2005.
Max H. Dodson,
Acting Regional Administrator, Region 8.
[FR Doc. 05–15608 Filed 8–5–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 63
OAR–2003–0074
[FRL–7947–5]
RIN 2060–AG21
Performance Specification 16 for
Predictive Emission Monitoring
Systems and Amendments to Testing
and Monitoring Provisions
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Proposed rule.
SUMMARY: The Environmental Protection
Agency is proposing performance
specifications (PS) that evaluate the
acceptability of predictive emission
monitoring systems (PEMS) when used
on stationary sources. This PS is needed
to provide sources and regulatory
agencies with performance criteria for
evaluating this new technology. The
intended effect of this action is to
establish standardized performance
requirements that will be used to
evaluate candidate PEMS uniformly.
The affected industries and their
Standard Industrial Classification codes
are listed under SUPPLEMENTARY
INFORMATION. In addition, we are
proposing to make minor amendments
to various testing provisions in the New
Source Performance Standards (NSPS)
and National Emission Standards for
Hazardous Air Pollutants for Source
Categories (MACT) to correct
inadvertent errors, make needed
updates, and add flexibility.
DATES: Comments: Submit comments on
or before October 7, 2005.
Public Hearing: If anyone contacts us
requesting to speak at a public hearing
by August 23, 2005, we will hold a
public hearing on September 7, 2005.
ADDRESSES: Comments. Comments may
be submitted electronically, by mail, by
facsimile, or through hand delivery/
courier. Follow the detailed instructions
as provided in Unit IB of the
SUPPLEMENTARY INFORMATION section.
Public Hearing. If a public hearing is
held, it will be held at 10 a.m. in the
EPA Auditorium, Research Triangle
Park, North Carolina, or at an alternate
site nearby.
Docket. Docket No. OAR–2003–0074,
contains information relevant to this
rule. You can read and copy it between
8:30 a.m. and 5:30 p.m., Monday
through Friday, (except for Federal
holidays), at the U.S. Environmental
Protection Agency, EPA Docket Center,
EPA West, Room 108, 1301 Constitution
Ave., Washington, DC 20004; telephone
(202) 566–1742. The docket office may
charge a reasonable fee for copying.
FOR FURTHER INFORMATION CONTACT:
Foston Curtis, Emission Measurement
Center, Mail Code D205–02, Emissions,
Monitoring, and Analysis Division, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone (919) 541–1063;
facsimile number (919) 541–0516;
electronic mail address
curtis.foston@epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
A. Affected Entities
Predictive emission monitoring
systems are not currently required in
any Federal rule. However, they may be
used under the NSPS to predict nitrogen
oxides emissions from small industrial,
commercial, and institutional steam
generating units. In some cases, PEMS
have been approved as alternatives to
CEMS for the initial 30-day compliance
test at these facilities. Various State and
Local regulations are incorporating
PEMS as an emission monitoring tool.
The major entities that are potentially
affected by Proposed Performance
Specification 16 and amendments to the
subparts are included in the following
tables.
TABLE 1.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION FOR PROPOSED PERFORMANCE SPECIFICATION 16
AND FOR PETROLEUM REFINERY NSPS, KRAFT PULP MILLS NSPS, MUNICIPAL SOLID WASTE LANDFILL NSPS
Examples of regulated entities
SIC codes
Industrial, Commercial, Institutional Steam Generating Units .................................................................................
Stationary Gas Turbines ..........................................................................................................................................
Petroleum Refineries ...............................................................................................................................................
Kraft Pulp Mills .........................................................................................................................................................
Municipal Solid Waste Landfills ...............................................................................................................................
Surface Coatings .....................................................................................................................................................
3569
3511
2911
2621
4953
3479
Coke Ovens .............................................................................................................................................................
3312
NAICS codes
332410
333611
324110
322110
562213
336111,
336112
33111111
TABLE 2.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION FOR AMENDMENTS TO PERFORMANCE
SPECIFICATION 11 AND PROCEDURE 2, APPENDIX F, PART 60
Examples of regulated entities
SIC codes
Portland Cement Manufacturing ..............................................................................................................................
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3559
NAICS codes
333298
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
TABLE 2.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION FOR AMENDMENTS TO PERFORMANCE
SPECIFICATION 11 AND PROCEDURE 2, APPENDIX F, PART 60—Continued
Examples of regulated entities
SIC codes
Hazardous Waste Incinerators ................................................................................................................................
NAICS codes
4953
562211
TABLE 3.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION FOR AMENDMENTS TO PERFORMANCE
SPECIFICATION 2, APPENDIX B, PART 60
Examples of regulated entities
SIC codes
Fossil Fuel Steam Generators .................................................................................................................................
Electric Generating Units .........................................................................................................................................
Industrial/Commercial/Institutional Steam Generating Units ...................................................................................
Small Industrial/Commercial/Institutional Steam Generating Units .........................................................................
Municipal Waste Combustors ..................................................................................................................................
Nitric Acid Plants .....................................................................................................................................................
Sulfuric Acid Plants ..................................................................................................................................................
Petroleum Refineries ...............................................................................................................................................
Primary Copper Smelters ........................................................................................................................................
Primary Zinc Smelters .............................................................................................................................................
Primary Lead Smelters ............................................................................................................................................
3569
3569
3569
3569
4953
2873
2819
2911
3331
3339
3339
NAICS codes
332410
332410
332410
332410
562213
525311
325188
324110
331411
331419
331419
TABLE 4.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION FOR AMENDMENTS TO METHOD 24, APPENDIX A,
PART 60
Examples of regulated entities
SIC codes
Rubber Tire Manufacturing ......................................................................................................................................
Flexible Vinyl and Urethane Coating and Printing ..................................................................................................
Magnetic Tape Coating Facilities ............................................................................................................................
Surface Coating of Plastic Parts for Business Machines ........................................................................................
Polymetric Coating of Supporting Substrates Facilities ..........................................................................................
Surface Coating of Metal Furniture .........................................................................................................................
Automobile and Light Duty Truck Surface Coating .................................................................................................
Graphic Arts Industry: Publication Rotogravure Printing .........................................................................................
Pressure Sensitive Tape and Label Surface Coating Operations ..........................................................................
Indusrial Surface Coating: Large Appliances ..........................................................................................................
Metal Coil Surface Coating ......................................................................................................................................
Beverage Can Surface Coating ...............................................................................................................................
Aerospace ................................................................................................................................................................
Boat and Ship Manufacturing and Repair Surface Coating ....................................................................................
Fabric Printing, Coating and Dyeing .......................................................................................................................
Leather Finishing .....................................................................................................................................................
Miscellaneous Coating Manufacturing .....................................................................................................................
Miscellaneous Metal Parts and Products ................................................................................................................
Paper and other Web Surface Coating ...................................................................................................................
Plastic Parts Surface Coating ..................................................................................................................................
Printing and Publishing Surface Coating .................................................................................................................
Wood Building Products ..........................................................................................................................................
Wood Furniture ........................................................................................................................................................
These tables are not intended to be
exhaustive, but rather provides an
example of entities that may be affected
by this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. How Can I Get Copies of This
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under Docket ID No. OAR–2003–0074.
The official public docket consists of the
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documents specifically referenced in
this action, any public comments
received, and other information related
to this action. Although a part of the
official docket, the public docket does
not include Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Documents in the official public docket
are listed in the index list in EPA’s
electronic public docket and comment
system, EDOCKET. Documents may be
available either electronically or in hard
copy. Electronic documents may be
viewed through EDOCKET. Hard copy
documents may be viewed at Docket
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3011
2754
3695
3479
2824
2514
5012
2754
2672
5064
3479
3411
3721
3731, 3732
2759
3111
3479
3479
2741
3479
2741
2499
2511, 2521
NAICS codes
326211
323111
334613
326199
332812
337124
336111
323111
322222
421620
335931
332812
33641
........................
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OAR–2003–0074, EPA Docket Center,
(EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC 20460; telephone (202) 566–1742.
The docket facility is open from 8:30
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go to the federal wide eRulemaking site
at http://www.regulations.gov.
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An electronic version of the public
docket is available through EDOCKET.
You may use EPA Dockets at http://
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be placed in EPA’s electronic public
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For additional information about
EPA’s electronic public docket, visit
EDOCKET online or see 67 FR 38102,
May 31, 2002.
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Comments received after the close of the
comment period will be marked ‘‘late.’’
The EPA is not required to consider
these late comments. However, late
comments may be considered if time
permits.
1. Electronically. If you submit an
electronic comment as prescribed
below, EPA recommends that you
include your name, mailing address,
and an e-mail address or other contact
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the online instructions for submitting
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public docket from the EPA Internet
Home Page, select ‘‘Information
Sources,’’ ‘‘Dockets,’’ and ‘‘EDOCKET.’’
Once in the system, select ‘‘search,’’ and
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0074. The system is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity, e-mail address,
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or other contact information unless you
provide it in the body of your comment.
ii. http://www.regulations.gov.
Electronic comments may also be sent
through the federal wide eRulemaking
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electronic mail (e-mail) to a-and-rdocket@epamail.gov, Attention: Docket
ID No. OAR–2003–0074. In contrast to
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access’’ system. If you send an e-mail
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iv. Disk or CD ROM. You may submit
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identified in Unit I.C.2. These electronic
submissions will be accepted in
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2. By Mail. Send duplicate copies of
your comments to: ‘‘Performance
Specification 16 for Predictive Emission
Monitoring Systems,’’ Environmental
Protection Agency, Mail Code 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC, 20460, Attention
Docket ID No. OAR–2003–0074.
3. By Hand Delivery or Courier.
Deliver your comments to: EPA Docket
Center, EPA West, Room 108, 1301
Constitution Ave., NW., Washington,
DC 20460, Attention: Docket ID No.
OAR–2003–0074. Such deliveries are
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normal hours of operation as identified
in Unit I.B.1.
4. By Facsimile. Fax your comments
to: 202–566–1741, Attention: Docket ID.
No. OAR–2003–0074.
D. How Should I Submit CBI to the
Agency?
Do not submit information that you
consider to be CBI electronically
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or by e-mail. Send or deliver
information identified as CBI only to the
docket address to the attention of
Docket ID No. OAR–2003–0074. You
may claim information that you submit
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all of that information as CBI (if you
submit CBI on disk or CD ROM, mark
the outside of the disk or CD ROM as
CBI and then identify electronically
within the disk or CD ROM the specific
information that is CBI). Information so
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marked will not be disclosed except in
accordance with procedures set forth in
40 CFR Part 2.
In addition to one complete version of
the comment that includes any
information claimed as CBI, a copy of
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mark the outside of the disk or CD ROM
clearly that it does not contain CBI.
Information not marked as CBI will be
included in the public docket and EPA’s
electronic public docket without prior
notice. If you have any questions about
CBI or the procedures for claiming CBI,
please consult the person identified in
the FOR FURTHER INFORMATION CONTACT
section.
E. What Should I Consider as I Prepare
My Comments for EPA?
You may find the following
suggestions helpful for preparing your
comments:
1. Explain your views as clearly as
possible.
2. Describe any assumptions that you
used.
3. Provide any technical information
and/or data you used that support your
views.
4. If you estimate potential burden or
costs, explain how you arrived at your
estimate.
5. Provide specific examples to
illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your
comments by the comment period
deadline identified.
8. To ensure proper receipt by EPA,
identify the appropriate docket
identification number in the subject line
on the first page of your response. It
would also be helpful if you provided
the name, date, and Federal Register
citation related to your comments.
Outline. The information presented in
this preamble is organized as follows:
I. Background
II. Summary of Proposed Performance
Specification 16
A. What Is the Purpose of PS–16?
B. Who Must Comply With PS–16?
C. What Are the Basic Requirements of PS–
16?
D. What Is the Rationale for the
Performance Criteria in PS–16?
III. Summary of Other Amendments
A. Petroleum Refinery (Subpart J) NSPS
B. Kraft Pulp Mill (Subpart BB) NSPS
C. Municipal Solid Waste Landfills
(Subpart WWW) NSPS
D. Method 24 of Appendix A of Part 60
E. Performance Specification 2 of
Appendix B of Part 60
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F. Performance Specification 11 of
Appendix B of Part 60
G. Method 303 of Appendix A of Part 63
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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: Action
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. NTTAA: National Technology Transfer
and Advancement Act
I. Background
Today we are proposing Performance
Specification 16 for Predictive Emission
Monitoring Systems to Appendix B, Part
60. Predictive emission monitoring
systems are a new and innovative tool
for monitoring pollutant emissions
without the traditional hardware
analyzers. The PEMS predicts a unit’s
emissions indirectly using process
parameters that have a known
relationship to pollutant concentration.
Their principle of operation can range
from a relatively simple relationship
based on combustion principles to the
more complex computer models that are
trained to predict emissions using
neural networks technology. They have
been used for monitoring purposes at
industrial, commercial, and institutional
steam-generating units, gas turbines,
internal combustion engines, and other
combustion processes where process
parameters have a predictable
relationship to emissions. We are also
proposing to make amendments to the
testing and monitoring provisions of
various NSPS and MACT rules.
45611
also be required to comply with PS–16
at the discretion of the applicable
regulatory agency or permit writer.
C. What Are the Basic Requirements of
PS–16?
The PS–16 requires owners and
operators of affected PEMS to: (1) Select
a PEMS that satisfies basic design
criteria; (2) verify and document their
PEMS; (3) validate their PEMS against a
reference method using prescribed
statistical procedures prior to placing it
into operation; and (4) periodically
reassess their PEMS’s performance. The
performance requirements for PS–16
follow the general performance
requirements for continuous emission
monitoring systems (CEMS) in
Appendix B of Part 60. A relative
accuracy (RA) test of the PEMS against
a reference method is the primary
assessment of accuracy. The number of
runs prescribed for the RA test will
depend upon the underlying regulation.
D. What Is the Rationale for the
Performance Criteria in PS–16?
The Agency is allowing, but not
requiring, PEMS use in a number of
recently-promulgated rules, and a
number of facilities regulated by State
and Local agencies are considering their
use. Past EPA approvals of PEMS were
based on criteria provided in the draft
performance specifications on the
Agency’s Emission Measurement Center
website. In other cases, performance
specifications developed by State or
Local Agencies were used to evaluate
the PEMS. We are proposing PS–16 to
provide regulatory agencies a uniform
procedure for assessing the capabilities
of this new monitoring tool.
III. Summary of Other Amendments
II. Summary of Proposed Performance
Specification 16
A. Petroleum Refinery (Subpart J) NSPS
In the petroleum refinery NSPS in
§ 60.106(b)(3) the equation for
determining the coke burnoff rate is
being corrected.
A. What Is the Purpose of PS–16?
The purpose of PS–16 is to establish
the initial installation and performance
procedures that candidate PEMS must
meet to be acceptable for use. The
specification stipulates equipment
design and documentation, location,
and addresses initial and periodic
performance tests of the PEMS.
B. Kraft Pulp Mill (Subpart BB) NSPS
In the monitoring provisions of the
kraft pulp mills NSPS in § 60.284, a
paragraph requiring continuous
emission monitors be subject to the
quality assurance provisions of
Appendix F that was added by mistake
in an October 17, 2000 amendment is
being deleted.
B. Who Must Comply With PS–16?
If adopted as a final rule, all PEMS
that will be used to comply with 40 CFR
Parts 60, 61, and 63 will be required to
comply with PS–16. In addition to new
PEMS that are installed after the
effective date of PS–16, other PEMS may
C. Municipal Solid Waste Landfill
(Subpart WWW) NSPS
Under the municipal solid waste
landfill NSPS in § 60.752, the
requirement to test open flares for heat
content and flare exit velocity using
Methods 18 and ASTM D1946 is being
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changed to require Method 3C. These
open flares must comply with the
general flare provisions of 40 CFR 60.18,
which require that flare gas heat content
and flare exit velocity be within
prescribed limits. The heat content of
flare gas is determined from an analysis
of its organic compound and hydrogen
content using Method 18 and ASTM
D1946, respectively. Methane is the
only significant organic compound in
landfill gas and hydrogen is not likely
to be present. Therefore, Method 18 and
ASTM D1946 are not practical methods
for landfill applications. Method 3C is
less labor-intensive than Method 18 and
has the preferred measuring range for
methane levels encountered at landfills.
In addition, Method 3C determines
oxygen and nitrogen which are
currently determined by an additional
method and are needed to calculate the
flare gas exit velocity. We are proposing
that Method 3C be required as the test
method for methane in place of Method
18 and ASTM D1946 for organics and
hydrogen.
D. Method 24 of Appendix A of Part 60
Method 24, Part 60, Appendix A is
used to determine the contents and
properties of surface coatings under
NSPS applications. Method 24 currently
references ASTM D2369 as the method
for determining volatiles content. The
American Society for Testing and
Materials has recommended that ASTM
D6419 be allowed as an alternative to
D2369 in this case. We are proposing to
amend Method 24 to allow this option.
E. Performance Specification 2, Part 60,
Appendix B
In Performance Specification 2, Part
60, Appendix B, an inadvertent
omission in an October 17, 2000
amendment removed an allowance for
relative accuracy relief for low-emitters.
We are proposing to reinstate the
allowance.
F. Performance Specification 11 of
Appendix of Appendix B of Part 60
The publication on January 12, 2004
of Performance Specification 11 for
Appendix B and Procedure 2 for Part 60,
Appendix F contained technical and
typographical errors and unclear
instructions. We are revising the
definition of confidence interval half
range to clarify the language, replacing
the word ‘‘pairs’’ with ‘‘sets’’ to avoid
possible confusion regarding the use of
paired sampling trains, correcting errors
in Equations 11–22, 11–27, and 11–37,
correcting the procedures in paragraphs
(4) and (5) of section 12.3 for
determining confidence and tolerance
interval half ranges for the exponential
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and power correlation models, and
adding a note following paragraph (5)(v)
concerning the application of
correlation equations to calculate PM
concentrations using the response data
from an operating PM CEMS. We are
also renumbering some equations and
references for clarification, consistency,
and accuracy.
G. Method 303 of Appendix A of Part 63
In Method 303 of Appendix A of Part
63, we are proposing to add a statement
on varying the time of day runs are
taken that was deleted by mistake in a
recent amendment of the method.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Reviews
Under Executive Order 12866 (58 FR
51735 October 4, 1993), we must
determine whether this regulatory
action is ‘‘significant’’ and therefore
subject to Office of Management and
Budget (OMB) review and the
requirements of this Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affects in
a material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, Local, or Tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interferes with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs, or the rights and obligations
of recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
We have determined that this rule is
not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is therefore not subject to
OMB review. We have determined that
this regulation would result in none of
the economic effects set forth in Section
1 of the Order because it does not
impose emission measurement
requirements beyond those specified in
the current regulations, nor does it
change any emission standard.
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. This actions
provides performance criteria for a new
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monitoring tool that may be used in
some cases in place of current source
monitoring requirements. These criteria
do not add information collection
requirements beyond those currently
required under the applicable
regulation. The additional amendments
being made to the testing requirements
in 40 CFR part 60 do no add information
collection requirements but make minor
corrections to existing testing
methodology.
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 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
as defined by the Small Business
Administration’s regulations at 13 CFR
121.201; (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. Entities
potentially affected by this action
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
include those listed in Table 1 of
SUPPLEMENTARY INFORMATION.
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. We are allowing, but not
requiring, PEMS use in a number of
recently-promulgated rules, and a
number of facilities regulated by State
and Local agencies are considering their
use. The intended effect of this action is
to facilitate the use of PEMS by
establishing levels of acceptability for
candidate PEMS. In addition, we are
proposing to make minor amendments
to various testing provisions in the New
Source Performance Standards (NSPS)
and National Emission Standards for
Hazardous Air Pollutants for Source
Categories (MACT) to correct
inadvertent errors, make needed
updates, and add flexibility. We invite
comments on all aspects of the proposal
and its impacts on small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 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
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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.
Today’s rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, Local, or Tribal governments or
the private sector. The rule imposes no
enforceable duty on any State, Local, or
Tribal governments or the private sector.
In any event, EPA has determined that
this 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 the private sector in any
one year. Thus, today’s rule is not
subject to the 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’’ are
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 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. Thus, the
requirements of Section 6 of the
Executive Order do not apply to this
rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and State and Local governments, EPA
specifically solicits comment on this
proposed rule from State and Local
officials.
F. Executive Order 13175: Consultation
and Coordination With Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
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45613
67249, November 6, 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.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
This proposed rule does not have
tribal implications. 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,
as specified in Executive Order 13175.
In this proposed rule, we are simply
allowing an alternative emission
monitoring tool that applicable facilities
may use. Thus, Executive Order 13175
does not apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045 applies to any
rule that EPA determines (1) is
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
the environmental health or safety risk
addressed by the rule has 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.
The EPA interprets Executive Order
13045 as applying only to regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This proposed rule is not
subject to Executive Order 13045
because it is not based on health or
safety risks.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action 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
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08AUP1
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I. NTTAA: National Technology
Transfer and Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113 (15 U.S.C. 272), directs us to use
voluntary consensus standards (VCSs)
in our 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, business practices, etc.) that
are developed or adopted by VCS
bodies. The NTTAA requires us to
provide Congress, through OMB,
explanations when we decide not to use
available and applicable VCSs. We are
not proposing new test methods in this
rulemaking but are adding performance
requirements for a new monitoring tool
that can be used as an alternative to
what has already been mandated.
Therefore, NTTAA does not apply.
List of Subjects in 40 CFR Parts 60 and
63
Environmental protection, Air
pollution control, New sources, Test
methods and procedures, Performance
specifications, and Continuous emission
monitors.
For the reasons stated in the
preamble, the Environmental Protection
Agency proposes to amend title 40,
chapter I of the Code of Federal
Regulations as follows:
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
1. The authority citation for Part 60
continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7413,
7414, 7416, 7601, and 7602.
[Amended]
2. By revising the equation in
§ 60.106(b)(3) to read as follows:
§ 60.106
Test methods and procedures.
*
*
*
*
*
(b) * * *
(3) * * *
RC = K1Qr (%CO2 + %CO) + (K2Qa ¥
K3Qr)((%CO / 2) + (%CO2 + %O2))
*
*
*
*
*
§ 60.284
[Amended]
3. By revising § 60.284(f) to read as
follows:
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*
*
*
*
*
(f) The procedures under § 60.13 shall
be followed for installation, evaluation,
and operation of the continuous
monitoring systems required under this
section. All continuous monitoring
systems shall be operated in accordance
with the applicable procedures under
Performance Specifications 1, 3, and 5
of appendix B of this part.
*
*
*
*
*
§ 60.752
[Amended]
4. By revising § 60.752(b)(2)(iii)(A) to
read as follows:
§ 60.752 Standards for air emissions from
municipal solid waste landfills
*
*
*
*
*
(b) * * *
(2) * * *
(iii) * * *
(A) An open flare designed and
operated in accordance with § 60.18,
except that the net heating value of the
combusted landfill gas is calculated
from the concentration of methane in
the landfill gas as measured by Method
3C. Other organic components,
hydrogen, and carbon monoxide are not
measured;
*
*
*
*
*
Appendix A [Amended]
5. In Appendix A, by adding Section
6.7 to Method 24 to read as follows:
Dated: July 26, 2005.
Stephen L. Johnson,
Administrator.
§ 60.106
§ 60.284 Monitoring of emissions and
operations.
Jkt 205001
Method 24—Determination of Volatile
Matter Content, Water Content, Density,
Volume Solids, and Weight Solids of
Surface Coatings
*
*
*
*
*
6.7 ASTM D 6419–00, Test Method
for Volatile Content of Sheet-Fed and
Coldset Web Offset Printing Inks.
*
*
*
*
*
Appendix B [Amended]
6. In Appendix B, by adding a
sentence to Section 13.2 of Performance
Specification 2 to read as follows:
Performance Specification 2—
Specifications and Test Procedures for
SO2 and NOX Continuous Emission
Monitoring Systems in Stationary
Sources
*
*
*
*
*
13.2 * * * For SO2 emission
standards of 130 to and including 86
ng/J (0.30 and 0.20 lb/million Btu),
inclusive, use 15 percent of the
applicable standard; below 86 ng/J (0.20
lb/million Btu), use 20 percent of the
emission standard.
*
*
*
*
*
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7. In Appendix B, Performance
Specification 11:
A. By revising Sections 3.4 and 8.6;
B. By revising paragraphs (1)(ii), (2),
(4), and (5) of Section 12.3;
C. By revising paragraph (3)(ii) of
Section 12.4;
D. By revising (2) and (3) of Section
13.2;
E. By adding references 16.8 and 16.9
to Section 16.0; and
F. By revising Table 1 in Section 17.0.
The revisions and addition read as
follows:
Performance Specification 11—
Specifications and Test Procedures for
Particulate Matter Continuous Emission
Monitoring Systems at Stationary
Sources
*
*
*
*
*
3.4 ‘‘Confidence Interval Half Range
(CI)’’ is a statistical term and means onehalf of the width of the 95 percent
confidence interval around the
predicted mean PM concentration (y
value) calculated at the PM CEMS
response value (x value) where the
confidence interval is narrowest.
Procedures for calculating CI are
specified in section 12.3. The CI as a
percent of the emission limit value
(CI%) is calculated at the appropriate
PM CEMS response value and must
satisfy the criteria specified in Section
13.2 (2).
*
*
*
*
*
8.6 How do I conduct my PM CEMS
correlation test? You must conduct the
correlation test according to the
procedure given in paragraphs (1)
through (5) of this section. If you need
multiple correlations, you must conduct
testing and collect at least 15 sets of
reference method and PM CEMS data
for calculating each separate correlation.
*
*
*
*
*
12.3 How do I determine my PM
CEMS correlation?
*
*
*
*
*
(1) How do I evaluate a linear
correlation for my correlation test data?
*
*
*
*
*
(ii) Calculate the half range of the 95
percent confidence interval (CI) for the
ˆ
predicted PM concentration (y) at the
mean value of x, using Equation 11–8:
CI = t df , 1− a / 2 ⋅ S L
1
n
( Eq. 11-8)
Where:
CI = the half range of the 95 percent
confidence interval for the
predicted PM concentration at the
mean x value,
tdf,1-a/2 = the value for the t statistic
provided in Table 1 for df = (n–2),
and
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU05.045
not a significant regulatory action under
Executive Order 12866.
45615
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
S1
S2
S3
To evaluate a polynomial correlation,
follow the procedures described in
paragraphs (2)(i) through (iv) of this
section.
(i) Calculate the polynomial
correlation equation, which is indicated
by Equation 11–16, using Equations 11–
17 through 11–22:
ˆ
y = b 0 + b1x + b 2 x 2
Where:
ˆ
y = the PM CEMS concentration
predicted by the polynomial
correlation equation, and
b0, b1, b2 = the coefficients determined
from the solution to the matrix
equation Ab=B
Where:
S0
n
n
n
n
S 5
b 0
S3 , b = b1 , B = S6 ⋅ S 1 = ∑ ( x i ) , S2 = ∑ x 2 , S3 = ∑ x 3 , S 4 = ∑ x i4
i
i
S 7
b 2
i =1
i =1
i =1
i =1
S4
( )
n
n
n
i =1
i =1
i =1
(
( )
)
S5 = ∑ (y i ) , S6 = ∑ (x i y i ) , S 7 = ∑ x 2 y i ⋅
i
Where:
xi = the PM CEMS response for run i,
yi = the reference method PM
concentration for run i, and
n = the number of test runs.
Calculate the polynomial correlation
curve coefficients (b0, b1, and b2 ) using
( )
Equations 11–19 through 11–21,
respectively:
(S5 ⋅ S2 ⋅ S4 + S1 ⋅ S3 ⋅ S7 + S2 ⋅ S6 ⋅ S3 − S7 ⋅ S2 ⋅ S2 − S3 ⋅ S3 ⋅ S5 − S4 ⋅ S6 ⋅ S1 )
b1 =
(n ⋅ S6 ⋅ S4 + S5 ⋅ S3 ⋅ S2 + S2 ⋅ S1 ⋅ S7 − S2 ⋅ S6 ⋅ S2 − S7 ⋅ S3 ⋅ n − S4 ⋅ S1 ⋅ S5 )
b2 =
(n ⋅ S2 ⋅ S7 + S1 ⋅ S6 ⋅ S2 + S5 ⋅ S1 ⋅ S3 − S2 ⋅ S2 ⋅ S5 − S3 ⋅ S6 ⋅ n − S7 ⋅ S1 ⋅ S1 )
( Eq. 11-19)
det A
det A
det A
(Eq. 11- 20)
(Eq. 11- 21)
Where:
20:26 Aug 05, 2005
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(Eq. 11-17)
17)
( Eq. 11-18)
b0 =
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( Eq. 11-16)
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU05.056
( Eq. 11-13)
EP08AU05.055
Where:
TI = the half range of the tolerance
interval for the predicted PM
ˆ
concentration (y) at the mean x
value, and
EL = PM emission limit, as described
in section 13.2.
*
*
*
*
*
(2) How do I evaluate a polynomial
correlation for my correlation test data?
TI
⋅100%
EL
EP08AU05.054
TI% =
Calculate the half range of the
tolerance interval for the predicted PM
concentration (y) at the mean x value as
a percentage of the emission limit (TI%)
using Equation 11–13:
EP08AU05.053
Where:
TI = the half range of the tolerance
interval for the predicted PM
ˆ
concentration (y) at the mean x
value,
kT = as calculated using Equation 11–
12, and
( Eq. 11-10)
Where:
CI = the half range of the 95 percent
confidence interval for the
n
A = S1
S2
( Eq. 11-11)
EP08AU05.052
CI
⋅ 100%
EL
TI = k T ⋅ SL
n’ = the number of test runs (n),
un, = the tolerance factor for 75 percent
coverage at 95 percent confidence
provided in Table 1 for df = (n–2),
and
vdf = the value from Table 1 for df =
(n—2).
EP08AU05.051
CI% =
Where:
EP08AU05.050
Calculate the confidence interval half
range for the predicted PM
ˆ
concentration (y) at the mean x value as
a percentage of the emission limit (CI%)
using Equation 11–10:
(iii) Calculate the half range of the
tolerance interval (TI) for the predicted
ˆ
PM concentration (y) at the mean x
value using Equation 11–11:
( Eq. 11-12)
EP08AU05.049
( Eq. 11-9)
k T = u n ’ ⋅ v df
EP08AU05.048
1
2
ˆ
∑ (y i − y i )
n − 2 i =1
SL =
SL = as calculated using Equation 11–
9:
EP08AU05.047
n
predicted PM concentration at the
mean x value, and
EL = PM emission limit, as described
in section 13.2.
EP08AU05.046
ˆ
SL = the scatter or deviation of y values
about the correlation curve, which
is determined using Equation 11–9:
45616
3
− S2
2
) , C = (nS
3
D
4
− S2
2
) , C = (S ⋅ S
1
4
D
2
− nS3 )
D
, C5 =
(nS
2
2
− S1
D
)
(Eq. 11-23)
(
)
(
2
2
D = n S2 ⋅ S 4 − S3 + S1 (S3 ⋅ S2 − S1 ⋅ S 4 ) + S2 S1 ⋅ S3 − S2
)
EP08AU05.068
Where:
(Eq. 11-24)
Determine the x value that
corresponds to the minimum value D
(Dmin). Determine the scatter or deviation
ˆ
of y values about the polynomial
correlation curve (SP) using Equation
11–26:
SP =
1 n
2
ˆ
∑ (y i − y i )
n − 3 i =1
CI = t df ⋅ Sp ∆ min
( Eq. 11-27)
Where:
df = (n ¥ 3), and
tdf = as listed in Table 1 (see section
17).
Calculate the half range of the 95
percent confidence interval for the
predicted PM concentration at the x
value that corresponds to Dmin as a
percentage of the emission limit (CI%)
using Equation 11–28:
CI% =
CI
⋅ 100%
EL
( Eq. 11-28)
Where:
CI = the half range of the 95 percent
confidence interval for the
predicted PM concentration at the x
value that corresponds to Dmin, and
EL = PM emission limit, as described
in section 13.2.
(iii) Calculate the tolerance interval
half range (TI) for the predicted PM
concentration at the x value that
corresponds to Dmin, as indicated in
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20:26 Aug 05, 2005
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SP
( Eq. 11-29
Where:
k T = u n ’ ⋅ v df
( Eq. 11-26)
Calculate the half range of the 95
percent confidence interval (CI) for the
ˆ
predicted PM concentration (y) at the x
value that corresponds to Dmin using
Equation 11–27:
(Eq. 11-25)
Equation 11–29 for the polynomial
correlation, using Equations 11–30 and
11–31:
TI = k T
n’=
( Eq. 11-30)
1
( Eq. 11-31)
∆ min
un, = the value indicated in Table 1 for
df = (n’ ¥ 3), and
vdf = the value indicated in Table 1 for
df = (n’ ¥ 3).
Calculate the tolerance interval half
range for the predicted PM
concentration at the x value that
corresponds to Dmin as a percentage of
the emission limit (TI%) using Equation
11–32:
TI% =
TI
⋅100%
EL
( Eq. 11-32)
Where:
TI = the tolerance interval half range
for the predicted PM concentration
at the x value that corresponds to
Dmin, and
EL = PM emission limit, as described
in section 13.2.
(iv) Calculate the polynomial
correlation coefficient (r) using Equation
11–33:
r = 1−
S2
P
S2
y
( Eq. 11-33)
Where:
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EP08AU05.067
Calculate D using Equation 11–25 for
each x value:
∆ = C 0 + 2 C1 x + ( 2 C 2 + C 3 )x 2 + 2 C 4 x 3 + C 5 x 3
SP = as calculated using Equation 11–
26, and
Sy = as calculated using Equation 11–
15.
*
*
*
*
*
(4) How do I evaluate an exponential
correlation for my correlation test data?
To evaluate an exponential correlation,
which has the form indicated by
Equation 11–37, follow the procedures
described in paragraphs (4)(i) through
(v) of this section:
x
ˆ
y = b 0 e b1
( Eq. 11-37)
(i) Perform a logarithmic
transformation of each PM
concentration measurement (y values)
using Equation 11–38:
y ’ = Ln( y i )
i
( Eq. 11-38)
Where:
y’i = is the transformed value of yi, and
Ln(yi) = the natural logarithm of the
PM concentration measurement for
run i.
(ii) Using the values for y’i in place of
the values for yi, perform the same
procedures used to develop the linear
correlation equation described in
paragraph (1)(i) of this section. The
resulting equation will have the form
indicated by Equation 11–39.
ˆ
y’= b ’ + b1x
0
( Eq. 11-39)
Where:
ˆ
y’ = the predicted log PM concentration
value,
b’0 = the natural logarithm of b0, and the
variables b0, b1, and x are as defined
in paragraph (1)(i) of this section.
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU05.070
1
EP08AU05.069
(S ⋅ S
EP08AU05.066
D
, C2 =
EP08AU05.065
1
⋅ S2 − S1 ⋅ S4 )
EP08AU05.064
3
EP08AU05.063
D
) , C = (S
EP08AU05.062
2
⋅ S4 − S3
EP08AU05.061
2
EP08AU05.060
(S
EP08AU05.059
C0 =
first calculating the C coefficients (C0 to
C5) using Equations 11–23 and 11–24:
EP08AU05.058
(ii) Calculate the 95 percent
confidence interval half range (CI) by
(Eq.11-22)
EP08AU05.057
det A = n ⋅ S2 ⋅ S 4 − S2 ⋅ S2 ⋅ S2 + S1 ⋅ S3 ⋅ S2 − S3 ⋅ S3 ⋅ n + S2 ⋅ S1 ⋅ S3 − S 4 ⋅ S1 ⋅ S1
EP08AU05.071
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
(Eq. 11-42)
Where:
CI = the half range of the 95 percent
confidence interval on the original
PM concentration scale, and UCL’
and LCL’ are as defined previously.
Calculate the half range of the 95
percent confidence interval for the
predicted PM concentration
corresponding to the mean value of x as
a percentage of the emission limit (CI%)
using Equation 11–10.
(iv) Using the values for y’i in place
of the values for yi, calculate the half
range tolerance interval (TI’), as
described in paragraph (1)(iii) of this
section for TI. Note that TI’ is on the log
scale. Next, calculate the half range
¯
tolerance limits for the mean value y’
using Equations 11–43 and 11–44:
LTL’ = y’ − TI’
( Eq. 11-43)
TI = the half range of the 95 percent
tolerance interval on the original
PM scale, and UTL’ and LTL’ are as
defined previously.
Calculate the tolerance interval half
range for the predicted PM
concentration corresponding to the
mean value of x as a percentage of the
emission limit (TI%) using Equation 11–
13.
(v) Using the values for y’i in place of
the values for yi, calculate the
correlation coefficient (r) using the
procedure described in paragraph (1)(iv)
of this section.
(5) How do I evaluate a power
correlation for my correlation test data?
To evaluate a power correlation, which
has the form indicated by Equation 11–
46, follow the procedures described in
paragraphs (5)(i) through (v) of this
section.
ˆ
y = b 0 x b1
( Eq. 11- 46)
(i) Perform logarithmic
transformations of each PM CEMS
response (x values) and each PM
concentration measurement (y values)
using Equations 11–35 and 11–38,
respectively.
(ii) Using the values for x’i in place of
the values for xi, and the values for y’i
in place of the values for yi, perform the
same procedures used to develop the
linear correlation equation described in
maximum or minimum = -
*
*
*
*
*
13.2 What performance criteria must
my PM CEMS correlation satisfy?
*
*
*
*
*
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2b 2
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*
*
*
*
*
12.4 What correlation model should
I use?
*
*
*
*
*
(3) * * *
(ii) Calculate the minimum value
using Equation 11–48.
( Eq. 11- 48)
(2) The confidence interval half range
must satisfy the applicable criterion
specified in paragraph (2)(i), (ii), or (iii)
of this section, based on the type of
correlation model.
PO 00000
Note: PS–11 does not address the
application of correlation equations to
calculate PM emission concentrations using
PM CEMS response data during normal
operations of a PM CEMS. However, we will
provide guidance on the use of specific
correlation models (i.e., logarithmic,
exponential, and power models) to calculate
PM concentrations in an operating PM CEMS
in situations when the PM CEMS response
values are equal to or less than zero, and the
correlation model is undefined.
(i) For linear or logarithmic
correlations, the 95 percent confidence
interval half range at the mean PM
CEMS response value from the
correlation test must be within 10
E:\FR\FM\08AUP1.SGM
EP08AU05.080
( Eq. 11- 45)
(iii) Using the same procedure
described for exponential models in
paragraph (4)(iii) of this section,
calculate the half range of the 95 percent
confidence interval for the predicted PM
concentration corresponding to the
mean value of x’ as a percentage of the
emission limit.
(iv) Using the same procedure
described for exponential models in
paragraph (4)(iv) of this section,
calculate the tolerance interval half
range for the predicted PM
concentration corresponding to the
mean value of x’ as a percentage of the
emission limit.
(v) Using the values for y’i in place of
the values for yi, calculate the
correlation coefficient (r) using the
procedure described in paragraph (1)(iv)
of this section.
EP08AU05.079
e UCL’ − e LCL’
2
e UTL’ - e LTL’
2
ˆ
y’ = the predicted log PM concentration
value, and
x’ = the natural logarithm of the PM
CEMS response values,
b’0 = the natural logarithm of b0, and the
variables b0, b1, and x are as defined
in paragraph (1)(i) of this section.
EP08AU05.078
CI =
TI =
Where:
EP08AU05.077
Where:
LCL’ = the lower 95 percent confidence
¯
limit for the mean value y’,
UCL = the upper 95 percent confidence
¯
limit for the mean value y’,
¯
y’ = the mean value of the logtransformed PM concentrations,
and
CI’ = the half range of the 95 percent
confidence interval for the
ˆ
predicted PM concentration (y’), as
calculated in Equation 11–8.
Calculate the half range of the 95
percent confidence interval (CI) on the
original PM concentration scale using
Equation 11–42:
( Eq. 11- 47)
EP08AU05.076
(Eq. 11-41)
ˆ
y ’= b ’ + b1x ’
0
EP08AU05.075
UCL’= y’+ CI’
Where:
LTL’ = the lower 95 percent tolerance
¯
limit for the mean value y’,
UTL’ = the upper 95 percent tolerance
¯
limit for the mean value y’,
¯
y’ = the mean value of the logtransformed PM concentrations,
and
TI’ = the half range of the 95 percent
tolerance interval for the predicted
ˆ
PM concentration (y’), as calculated
in Equation 11–11.
Calculate the half range tolerance
interval (TI) on the original PM
concentration scale using Equation 11–
45:
paragraph (1)(i) of this section. The
resulting equation will have the form
indicated by Equation 11–47:
EP08AU05.074
(Eq. 11-40)
( Eq. 11- 44)
08AUP1
EP08AU05.073
LCL’= y’ − CI’
UTL’ = y’+ TI’
EP08AU05.072
(iii) Using the values for y’i in place
of the values for yi, calculate the half
range of the 95 percent confidence
interval (CI’), as described in paragraph
(1)(ii) of this section for CI. Note that CI’
is on the log scale. Next, calculate the
upper and lower 95 percent confidence
¯
limits for the mean value y’ using
Equations 11–40 and 11–41:
45617
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
percent of the PM emission limit value
specified in the applicable regulation.
Therefore, the CI% calculated using
Equation 11–10 must be less than or
equal to 10 percent.
(ii) For polynomial correlations, the
95 percent confidence interval half
range at the PM CEMS response value
from the correlation test that
corresponds to the minimum value for
D must be within 10 percent of the PM
emission limit value specified in the
applicable regulation. Therefore, the
CI% calculated using Equation 11–28
must be less than or equal to 10 percent.
(iii) For exponential or power
correlations, the 95 percent confidence
interval half range at the mean of the
logarithm of the PM CEMS response
values from the correlation test must be
within 10 percent of the PM emission
limit value specified in the applicable
regulation. Therefore, the CI%
calculated using Equation 11–10 must
be less than or equal to 10 percent.
*
*
*
*
*
(3) The tolerance interval half range
must satisfy the applicable criterion
specified in paragraph (3)(i), (ii), or (iii)
of this section, based on the type of
correlation model.
(i) For linear or logarithmic
correlations, the half range tolerance
interval with 95 percent confidence and
75 percent coverage at the mean PM
CEMS response value from the
correlation test must be within 25
percent of the PM emission limit value
specified in the applicable regulation.
Therefore, the TI% calculated using
Equation 11–13 must be less than or
equal to 25 percent.
(ii) For polynomial correlations, the
half range tolerance interval with 95
percent confidence and 75 percent
coverage at the PM CEMS response
value from the correlation test that
corresponds to the minimum value for
D must be within 25 percent of the PM
emission limit value specified in the
applicable regulation. Therefore, the
TI% calculated using Equation 11–32
must be less than or equal to 25 percent.
(iii) For exponential or power
correlations, the half range tolerance
interval with 95 percent confidence and
75 percent coverage at the mean of the
logarithm of the PM CEMS response
values from the correlation test must be
within 25 percent of the PM emission
limit value specified in the applicable
regulation. Therefore, the TI%
calculated using Equation 11–13 must
be less than or equal to 25 percent.
*
*
*
*
*
16.0 Which references are relevant
to this performance specification?
*
*
*
*
*
16.8 Snedecor, George W. and
Cochran, William G. (1989), Statistical
Methods, Eighth Edition, Iowa State
University Press.
16.9 Wallis, W.A. (1951) ‘‘Tolerance
Intervals for Linear Regression,’’ in
Second Berkeley Symposium on
Mathematical Statistics and Probability,
ed. J. Neyman, Berkeley: University of
California Press, pp. 43–51.
17.0 What Reference Tables and
Validation Data Are Relevant to PS–11?
*
*
*
*
*
TABLE 1.—FACTORS FOR CALCULATION OF CONFIDENCE AND TOLERANCE INTERVAL HALF RANGES
Student’s t,
t df
df
Tolerance interval with 75% coverage and 95%
confidence level
V df (95%)
3 .......................................................................................................................
4 .......................................................................................................................
5 .......................................................................................................................
6 .......................................................................................................................
7 .......................................................................................................................
8 .......................................................................................................................
9 .......................................................................................................................
10 .....................................................................................................................
11 .....................................................................................................................
12 .....................................................................................................................
13 .....................................................................................................................
14 .....................................................................................................................
15 .....................................................................................................................
16 .....................................................................................................................
17 .....................................................................................................................
18 .....................................................................................................................
19 .....................................................................................................................
20 .....................................................................................................................
21 .....................................................................................................................
22 .....................................................................................................................
23 .....................................................................................................................
24 .....................................................................................................................
25 .....................................................................................................................
26 .....................................................................................................................
27 .....................................................................................................................
28 .....................................................................................................................
29 .....................................................................................................................
30 .....................................................................................................................
31 .....................................................................................................................
32 .....................................................................................................................
33 .....................................................................................................................
34 .....................................................................................................................
35 .....................................................................................................................
36 .....................................................................................................................
37 .....................................................................................................................
38 .....................................................................................................................
39 .....................................................................................................................
40 .....................................................................................................................
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3.182
2.776
2.571
2.447
2.365
2.306
2.262
2.228
2.201
2.179
2.160
2.145
2.131
2.120
2.110
2.101
2.093
2.086
2.080
2.074
2.069
2.064
2.060
2.056
2.052
2.048
2.045
2.042
2.040
2.037
2.035
2.032
2.030
2.028
2.026
2.024
2.023
2.021
E:\FR\FM\08AUP1.SGM
2.920
2.372
2.089
1.915
1.797
1.711
1.645
1.593
1.551
1.515
1.485
1.460
1.437
1.418
1.400
1.384
1.370
1.358
1.346
1.335
1.326
1.316
1.308
1.300
1.293
1.286
1.280
1.274
1.268
1.263
1.258
1.253
1.248
1.244
1.240
1.236
1.232
1.228
08AUP1
u n, (75%)
1.266
1.247
1.233
1.223
1.214
1.208
1.203
1.198
1.195
1.192
1.189
1.186
1.184
1.182
1.181
1.179
1.178
1.177
1.175
1.174
1.173
1.172
1.172
1.171
1.170
1.170
1.169
1.168
1.168
1.167
1.167
1.166
1.166
1.165
1.165
1.165
1.164
1.164
kT
3.697
2.958
2.576
2.342
2.183
2.067
1.979
1.909
1.853
1.806
1.766
1.732
1.702
1.676
1.653
1.633
1.614
1.597
1.582
1.568
1.555
1.544
1.533
1.522
1.513
1.504
1.496
1.488
1.481
1.474
1.467
1.461
1.455
1.450
1.444
1.439
1.435
1.430
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
45619
TABLE 1.—FACTORS FOR CALCULATION OF CONFIDENCE AND TOLERANCE INTERVAL HALF RANGES—Continued
Student’s t,
t df
df
Tolerance interval with 75% coverage and 95%
confidence level
V df (95%)
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
2.020
2.018
2.017
2.015
2.014
2.013
2.012
2.011
2.010
2.009
2.008
2.007
2.006
2.005
2.004
2.003
2.002
2.002
2.001
2.000
u n, (75%)
1.225
1.222
1.218
1.215
1.212
1.210
1.207
1.204
1.202
1.199
1.197
1.195
1.192
1.190
1.188
1.186
1.184
1.182
1.180
1.179
1.164
1.163
1.163
1.163
1.163
1.162
1.162
1.162
1.162
1.161
1.161
1.161
1.161
1.161
1.160
1.160
1.160
1.160
1.160
1.160
kT
1.425
1.421
1.417
1.413
1.410
1.406
1.403
1.399
1.396
1.393
1.390
1.387
1.384
1.381
1.379
1.376
1.374
1.371
1.369
1.367
References 16.8 (t values) and 16.9 (v df and u n, (values).
*
*
*
*
*
8. In Appendix B, by adding
Performance Specification 16 to read as
follows:
Appendix B—Performance
Specifications
*
*
*
*
*
Performance Specification 16—
Specifications and Test Procedures for
Predictive Emission Monitoring
Systems in Stationary Sources
1.0 Scope and Application
1.1 Does this performance
specification apply to me? If you, the
source owner or operator, intend to use
a predictive emission monitoring system
(PEMS) to show compliance with your
emission limitation(s), you must use the
procedures in this performance
specification (PS) to determine whether
your PEMS has acceptable performance.
Use these procedures to certify your
PEMS after initial installation and
periodically thereafter to ensure the
PEMS is operating properly. Additional
tests may be required by an applicable
regulation or by us, the reviewing
authority. If your PEMS contains a
diluent (O2 or CO2) measuring
component, this must be tested as well.
1.1.1 How do I certify my PEMS
after it is installed? We require that a
relative accuracy (RA) test and
accompanying statistical tests be passed
in the initial certification test before
your PEMS is acceptable for use in
demonstrating compliance with
applicable requirements. Ongoing
quality assurance tests must be
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conducted to ensure the PEMS is
operating properly. An ongoing sensor
evaluation procedure must be in place
before the PEMS certification is
complete. The amount of testing and
data validation we require depends
upon the regulatory needs, i.e., whether
precise quantification of emissions will
be needed or whether indication of
exceedances of some regulatory
threshold will suffice. Performance
criteria are more rigorous for PEMSs
that are used in market-based programs
and for determining continual
compliance with an emission limit than
those used to measure excess emissions
or indicate control device operation and
maintenance (O&M). You must perform
the initial certification test on your
PEMS before reporting any PEMS data
as quality-assured.
1.1.2 Is other testing required after
certification? After you initially certify
your PEMS, you must pass additional
periodic performance checks to ensure
the long-term quality of data. These
periodic checks are listed in the table in
Section 9. You are always responsible
for maintaining and operating your
PEMS properly.
2.0 Summary of Performance
Specification
The following performance tests are
required in addition to equipment and
measurement location requirements.
2.1 Initial PEMS Certification.
2.1.1 Operation and Maintenance
PEMS. PEMS that are used for excess
emission reporting and as indicators of
control device operation and
PO 00000
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maintenance must perform a minimum
9-run, 3-level (3 runs at each level) RA
test (see Section 8.2).
2.1.2 Compliance and Market
Trading PEMS. PEMS that are used for
continual compliance standards or in a
market trading program must perform a
minimum 27-run, 3-level (9 runs at each
level) comparison test against the
reference method (RM) (see Section
8.1.6). The data are evaluated for bias
and by F-test and correlation analysis.
2.2 Periodic Quality Assurance (QA)
Assessments. All PEMSs are required to
conduct quarterly relative accuracy
audits (RAA) and yearly relative
accuracy test audits (RATA) to assess
ongoing PEMS operation.
3.0
Definitions
The following definitions apply:
3.1 Centroidal Area means that area
in the center of the stack (or duct)
comprising no more than 1 percent of
the stack cross-sectional area and having
the same geometric shape as the stack.
3.2 Data Recorder means the
equipment that provides a permanent
record of the PEMS output. The data
recorder may include automatic data
reduction capabilities and may include
electronic data records, paper records,
or a combination of electronic data and
paper records.
3.3 Defective sensor means a sensor
that is responsible for PEMS
malfunction or that operates outside the
approved operating envelope.
3.4 Diluent PEMS means the total
equipment required to predict a diluent
gas concentration.
E:\FR\FM\08AUP1.SGM
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
3.5 Operating envelope means the
defined range of a parameter input that
is established during PEMS
development. Emission data generated
from parameter inputs that are outside
the operating envelope are not
considered quality assured and are
therefore unacceptable.
3.6 PEMS means all of the
equipment required to predict an
emission concentration or emission rate.
The system may consist of any of the
following major subsystems: sensors
and sensor interfaces, emission model,
algorithm, or equation that uses process
data to generate an output that is
proportional to the emission
concentration or emission rate, diluent
emission model, data recorder, and
sensor evaluation system. Simple
relationships that use fewer than 3
variables may not be acceptable as
PEMS, and such systems must have the
Administrator’s approval before use. A
PEMS may or may not predict emissions
data that are corrected for diluent.
3.7 Reconciled Process Data means
substitute data that are generated by a
sensor evaluation system to replace that
of a failed sensor.
3.8 Relative Accuracy means the
accuracy of the PEMS when compared
to a RM at the source. The RA is the
average difference between the pollutant
PEMS and RM data for a specified
number of runs plus a 2.5 percent
confidence coefficient, divided by the
average of the RM tests or the emission
standard. For diluent PEMS, the RA
may be expressed as a percentage
absolute difference between the PEMS
and RM. Alternative specifications may
be given for low-emitting units.
3.9 Relative Accuracy Audit means a
quarterly audit of the PEMS against a
portable analyzer meeting the
requirements of ASTM D6522–00 or RM
for a specified number of runs.
3.10 Relative Accuracy Test Audit
means a RA test that is performed at
least once every four calendar quarters
while the PEMS is operating at the
normal operating level. The RATA must
not be conducted in consecutive
quarters.
3.11 Reference Value means a PEMS
baseline value established by RM testing
under conditions when all sensors are
functioning properly.
3.12 Sensor Evaluation System
means the equipment or procedure used
to periodically assess the quality of
sensor input data. This system may be
a sub-model that periodically crosschecks sensor inputs against other
inputs or any other procedure that
checks sensor integrity at least daily.
3.13 Sensors and Sensor Interface
means the equipment that measures the
process input signals and transports
them to the emission prediction system.
4.0
Interferences [Reserved]
5.0
Safety [Reserved]
6.0 Equipment and Supplies
6.1 PEMS Design. You must define
and make available details on the design
of your PEMS. You must also establish
the following, as applicable:
6.1.1 Number of Input Parameters.
An acceptable PEMS will normally use
three or more input parameters. You
must obtain our permission on a caseby-case basis to use a PEMS having
fewer than three input parameters.
6.1.2 Parameter Operating
Envelopes. Before you evaluate your
PEMS through the certification test, you
must specify the input parameters your
PEMS uses, define their range of
minimum and maximum values
(operating envelope), and demonstrate
the integrity of the parameter operating
envelopes using graphs and data from
the PEMS development process. After
the certification test, the PEMS must be
operated within these envelopes at all
times for the system to be acceptable. If
these operating envelopes are not
clearly defined, the PEMS operation
will be limited to the range of parameter
inputs encountered during the
certification test until the PEMS has a
new operating envelope established.
6.1.3 Source-Specific Operating
Conditions. Identify any source-specific
operating conditions, such as fuel type,
that will affect the output of your PEMS.
You may only use your PEMS under the
source-specific operating conditions it
was certified for.
6.1.4 Ambient Conditions. You must
explain whether and how ambient
conditions and seasonal changes affect
your PEMS. Some parameters such as
absolute ambient humidity cannot be
manipulated during a test. The effect of
ambient conditions such as humidity on
the pollutant concentration must be
determined and this effect extrapolated
to include future anticipated conditions.
Seasonal changes and their effects on
the PEMS must be evaluated unless you
can show that such effects are
negligible.
6.1.5 PEMS Principle of Operation.
If your PEMS is developed on the basis
of known physical principles, you must
identify the specific physical
assumptions or mathematical
manipulations that support its
operation. If your PEMS is developed on
the basis of linear or nonlinear
regression analysis, you must make
available the paired data (preferably in
graphic form) used to develop or train
the model.
6.1.6 Data Recorder Scale. If you are
not using a digital recorder, you must
choose a recorder scale that accurately
captures the desired range of potential
emissions. The lower limit of your data
recorder’s range must be no greater than
20 percent of the applicable emission
standard (if subject to an emission
standard). The upper limit of your data
recorder’s range must be determined
using the following table. If you obtain
approval first, you may use other lower
and upper recorder limits.
If PEMS is measuring . . .
And if . . .
Then your upper limit . . .
Uncontrolled emissions, such as NOX at the
stack of a natural gas-fired boiler.
Uncontrolled emissions, such as NOX at the
stack of a natural gas-fired boiler.
Controlled emissions ..........................................
No regulation says otherwise ..........................
Must be 1.25 to 2 times the average potential
emission level.
Must follow the other regulation.
Continual compliance emissions for an applicable regulation.
..........................................................................
6.1.7 Sensor Location and Repair.
We recommend you install sensors in an
accessible location in order to perform
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A regulation says otherwise .............................
..........................................................................
repairs and replacements. Permanently
installed platforms or ladders may not
be needed. If you install sensors in an
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Must be 1.5 to 2.0 times
the emission standard
emission unit.
Must be 1.1 to 1.5 times
the emission standard
emission unit.
the concentration of
that applies to your
the concentration of
that applies to your
area which is not accessible, you may be
required to shut down the emissions
unit to repair or replace a sensor. If
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
necessary after repairing or replacing a
sensor, correct the process data to match
the data obtained from the originally
tested sensor, or conduct another RA
test. All sensors must be calibrated as
often as needed but in no event less
often than recommended by the
manufacturers be exceeded.
6.1.8 Sensor Evaluation System.
Your PEMS must be designed to
perform automatic or manual
determination of defective sensors on at
least a daily basis. This sensor
evaluation system may consist of a
sensor validation sub-model, a
comparison of redundant sensors, a spot
check of sensor input readings at a
reference value, operation, or emission
level, or other procedure that detects
faulty or failed sensors. Some sensor
evaluation systems generate substitute
values (reconciled data) that are used
when a sensor is perceived to have
failed. You must have our prior
approval before you use reconciled data.
6.1.9 Parameter Envelope
Exceedances. Your PEMS must include
a plan to detect and notify the operator
of parameter envelope exceedances.
Emission data collected outside any of
the operating ranges will not be
considered quality assured.
6.2 Recordkeeping. All valid data
recorded by the PEMS must be used to
calculate the emission value. For a valid
hourly average emission value, each 15minute quadrant of the hour in which
the unit combusts any fuel must contain
at least one valid emission value.
7.0
Reagents and Standards [Reserved]
8.0 Sample Collection, Preservation,
Storage, and Transport
8.1 Initial Certification. Use the
following procedure to certify your
PEMS. Complete all PEMS training
before the certification.
8.2 Relative Accuracy Test.
8.2.1 Reference Methods. Unless
otherwise specified in the applicable
regulations, you must use the test
methods in Appendix A of this part for
the RM test. Conduct the RM tests at
three operating levels of the key
parameter that affects emissions, e.g.,
load level. Conduct the specified
number of RM tests at the low
(minimum to 50 percent of maximum),
normal, and high (80 percent to
maximum) operating levels as
practicable.
8.2.2 Number of RM Tests for O&M
PEMS. Conduct at least nine RM tests at
the following key parameter operating
levels:
• Three at a low level.
• Three at the normal level.
• Three at a high level.
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You may choose to perform more than
nine RM tests. If you perform more than
nine tests, you may reject a maximum
of three tests as long as the total number
of test results used to determine the RA
is greater than or equal to nine and each
operating level has at least three tests.
You must report all data, including the
rejected data.
8.2.3 Number of RM Tests for
Continual Compliance and MarketTrading PEMS. Conduct at least 27 RM
tests at the following key parameter
operating levels:
• Nine at a low level.
• Nine at the normal operating level.
• Nine at a high level.
You may choose to perform more than
9 RM runs at each operating level. If you
perform more than 9 runs, you may
reject a maximum of three runs as long
as the total number of runs used to
determine the RA at each operating
level is greater than or equal to 9.
8.2.4 Reference Method
Measurement Location. Select an
accessible measurement point for the
RM that will ensure that you measure
emissions representatively. Ensure the
location is at least two equivalent stack
diameters downstream and a half
equivalent diameter upstream from the
nearest flow disturbance such as the
control device, point of pollutant
generation, or other place where the
pollutant concentration or emission rate
can change. You may use a half
diameter downstream instead of the two
diameters if you meet both of the
following conditions:
• Changes in the pollutant
concentration are caused solely by
diluent leakage, such as leaks from air
heaters.
• You measure pollutants and
diluents simultaneously at the same
location.
8.2.5 Traverse Points. Select traverse
points that ensure you obtain
representative samples. Conduct all RM
tests within 3 cm of each selected
traverse point but no closer than 3 cm
to the stack or duct wall. The minimum
requirements for selecting traverse
points are as follows:
1. Establish a measurement line across
the stack that passes through the center
and in the direction of any expected
stratification.
2. Locate a minimum of three traverse
points on the line at 16.7, 50.0, and 83.3
percent of the stack inside diameter.
3. If the stack inside diameter is
greater than 2.4 meters, you may locate
the three traverse points on the line at
0.4, 1.2, and 2.0 meters from the stack
or duct wall. You cannot use this option
after wet scrubbers or at points where
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45621
two streams with different pollutant
concentrations are combined.
4. You may select a different traverse
point if you demonstrate and provide
verification that it provides a
representative sample.
If you desire to test at only one
traverse point, use the following
procedure, or provide supporting
information for alternative procedures,
to show that the single point yields
representative results.
1. Use Method 1 to establish the
number and location of traverse points
that are normally used to sample the
stack or duct.
2. Following the RM procedures,
measure emissions at each traverse
point for a period of two minutes plus
twice the response time of the RM.
3. Determine the average of the
emissions from all traverse points.
4. Choose the traverse point with
emissions closest to the average
emissions from all points as the
sampling location for the RM tests.
5. You may select a different traverse
point if you can show that it provides
a representative sample.
8.2.6 Relative Accuracy Procedure.
Perform the number of RA tests at the
levels required in Sections 8.2.2 and
8.2.3. For integrated samples, e.g.,
Method 3A or 7E, make a sample
traverse of at least 21 minutes, sampling
for 7 minutes at each traverse point. For
grab samples, e.g., Method 3 or 7, take
one sample at each traverse point,
scheduling the grab samples so that they
are taken simultaneously (within a 3minute period) or at an equal interval of
time apart over a 21-minute (or less)
period. A test run for grab samples must
be made up of at least three separate
measurements.
Where multiple fuels are used in the
monitored unit and the fuel type affects
the predicted emissions, determine a RA
for each fuel unless the effects of the
alternative fuel on predicted emissions
or diluent were addressed in the model
training process. You may only use fuels
in your unit that have been evaluated
this way.
8.2.4 Correlation of RM and PEMS
Data. Mark the beginning and end of
each RM test run (including the exact
time of day) on the permanent record of
PEMS output. Correlate the PEMS and
the RM test data as to the time and
duration using the following steps:
A. Determine the integrated pollutant
concentration for the PEMS for each
corresponding RM test period.
B. Consider system response time, if
important, and confirm that the pair of
results are on a consistent moisture,
temperature, and diluent concentration
basis.
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C. Compare each average PEMS value
to the corresponding average RM value.
Use the following guidelines to make
these comparisons.
If . . .
Then . . .
The RM has an instrumental or integrated noninstrumental sampling technique.
The RM has a grab sampling technique ............
8.2.5 Relative Accuracy for O&M
PEMS. Use the paired PEMS and RM
data and the equations in Section 12.2
to calculate the RA in the units of the
applicable emission standard. For this
3-level RA test, calculate the RA at each
operation level.
8.3 Statistical Tests for PEMS that
are Used for Continual Compliance or
Market-Trading. In addition to the RA
determination, evaluate the paired RA
and PEMS data using the following
statistical tests.
8.3.1 Bias Test. From the RA data
taken at the normal operating level,
determine if a bias exists between the
RM and PEMS. Use the equations in
Section 12.3.1.
8.3.2 F-test. Perform a separate F-test
for the RA paired data from each
operating level to determine if the RM
and PEMS variances differ by more than
might be expected from chance. Use the
equations in Section 12.3.2.
8.3.3 Correlation Analysis. Perform a
correlation analysis on all RA paired
data from all operating levels,
combined, to determine how well the
RM and PEMS correlate. Use the
equations in Section 12.3.3.
If the process cannot be varied to
produce a concentration change
sufficient for a successful correlation
test because of its technical design, the
correlation analysis may be temporarily
And then . . .
Directly compare RM and PEMS results..
Average the results from all grab samples
taken during the test run. The test run must
include ≥ 3 separate grab measurements.
waived by the Administrator if the
emission concentration is less than 50
percent of the applicable emission
standard. Requests for waiver must be
accompanied by RM documentation of
the emission concentration. The waiver
will be based on the measured value at
the time of the waiver. Should a
subsequent RATA identify a change in
the RM measured value by more than 30
percent, the correlation analysis test
must be repeated at the next RATA.
8.3.4 Additional Statistical Tests.
Consult the reviewing authority with
jurisdiction over your emissions unit for
additional requirements.
8.4 Reporting. Summarize in tabular
form the results of the RA and statistical
tests. Include all data sheets,
calculations, and charts (records of
PEMS responses) necessary to verify
your PEMS’s meeting the performance
specifications. Include in the report the
documentation used to establish your
PEMS parameter envelopes. Consult the
EPA regional office or permitting
authority with jurisdiction over your
emissions unit for additional
requirements.
8.5 Reevaluating Your PEMS After a
Failed Test, Change in Operations, or
Change in Critical PEMS Parameter.
After initial certification, if a quarterly
RAA or yearly RATA is failed due to a
problem with the PEMS, or if changes
Compare this average RM result with the
PEMS result obtained during the run.
occur that result in a significant change
in the emission rate (e.g., turbine aging,
process modification, new process
operating modes, or changes to emission
controls), your PEMS must be recertified
using the tests and procedures in
Section 8.1. For example, if you initially
operated the emissions unit at 80–100
percent of its range, you would have
performed the initial test under these
conditions. Later, if you wanted to
operate the emission unit at 50–100
percent of its range, you must conduct
another RA test and statistical tests, as
applicable, under the new conditions of
50–100 percent of range. These tests
must demonstrate that your PEMS
provides acceptable data when
operating in the new range or with the
new critical PEMS parameter(s). The
requirements of Section 8.1 must be
completed by the earlier of 60 unit
operating days or 180 calendar days
after the failed RATA or after the change
that caused a significant change in
emission rate.
9.0 Quality Control.
You must incorporate a QA plan
beyond the initial PEMS certification
test to verify that your system is
generating quality-assured data. The QA
plan must include the components of
this section.
9.1 QA/QC Summary. Conduct the
applicable ongoing tests listed below.
ONGOING QUALITY ASSURANCE TESTS
Test
PEMS Regulatory
Purpose
Acceptability
Frequency
Sensor Evaluation Check ........................
RAA .........................................................
All .......................
Compliance ........
RATA .......................................................
All .......................
................................................................
3-test average ≤ 10% of simultaneous
PEMS average.
Same as for RA in Sec. 13.1 ................
Bias Correction ........................................
PEMS Training ........................................
Sensor Evaluation Alert Test ..................
All .......................
All .......................
All .......................
If davg > |cc| ............................................
If Fcritical ≥ F r ≥ 0.8 ................................
See Section 6.1.8 ..................................
Daily.
Each quarter except quarter when
RATA performed.
Yearly in quarter when RAA not performed.
Determine factor after each RATA.
After initial and subsequent RATAs.
After each PEMS training.
9.2 Daily Sensor Evaluation Check.
Your sensor evaluation system must
check the integrity of each PEMS input
at least daily.
9.3 Quarterly Relative Accuracy
Audit. Perform a RAA consisting of at
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least three 30-minute portable analyzer
determinations each quarter a RATA is
not performed.
9.4 Yearly Relative Accuracy Test
Audit. Perform a minimum 9-run RATA
at the normal operating level on a yearly
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basis in the quarter that the RAA is not
preformed.
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r=
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Eq. 16-2
Sd
n
Eq. 16-3
12.2.4 Relative Accuracy. Calculate
the RA of your data using Equation 16–
4.
RA =
d + cc
RM
×100
Eq. 16-4
12.3 Compliance and MarketTrading PEMS Statistical Tests. If your
PEMS will be used for continual
compliance or market-trading purposes,
conduct the following tests using the
information obtained during the RA
tests. For the pollutant measurements at
any one test level, if the mean value of
the RM is less than either 10 ppm or 5
percent of the emission standard, all
statistical tests are waived at that
specific test level. For diluent
measurements at any one test level, if
the mean value of the RM is less than
3 percent of span, all statistical tests are
waived for that specific test level.
12.3.1 Bias Test. Conduct a bias test
to determine if your PEMS is biased
relative to the RM. Determine the PEMS
bias by comparing the confidence
coefficient obtained from Equation
16–3 to the arithmetic mean of the
differences determined in Equation
16–1. If the arithmetic mean of the
∑ e p e v − ( ∑ e p )( ∑ e v ) / n
2
∑ e p −
PO 00000
( ∑ e p )2 / n ∑ e 2 − ( ∑ e v )2 / n
v
Frm 00053
Fmt 4702
Sfmt 4725
d
Eq. 16-6a
PEMS
12.3.2 F-test. Conduct an F-test for
each of the three RA data sets collected
at different parameter operating levels.
Calculate the variances of the PEMS and
the RM using Equation 16–6.
n
12.2.3 Confidence Coefficient.
Calculate the confidence coefficient
using Equation 16–3 and Table 16–1.
cc = t 0.025
Where:
B = 1+
Eq. 16-5
S2 =
∑ (e i − e m )
i =1
n −1
2
Eq. 16-6
Determine if the variance of the PEMS
data is significantly different from that
of the RM data at each level by
calculating the F-value using Equation
16–7.
F=
S2 PEMS
S2 RM
Eq. 16- 7
Compare the calculated F-value with
the critical value of F at the 95 percent
confidence level with n-1 degrees of
freedom. The critical value is obtained
from Table 16–2 or a similar table for Fdistribution. If the calculated F-value is
greater than the critical value at any
level, your proposed PEMS is
unacceptable.
For pollutant PEMS measurements, if
the standard deviation of the RM is less
than either 3 percent of the span or 5
ppm, use a RM standard deviation of
either 5 ppm or 3 percent of span. For
diluent PEMS measurements, if the
standard deviation of the reference
method is less than 3 percent of span,
use a RM standard deviation of 3
percent of span.
12.3.3 Correlation Analysis.
Calculate the correlation coefficient
either manually using Eq. 16–8, on a
graph, or by computer using all of the
paired data points from all operating
levels. Your PEMS correlation must be
0.8 or greater to be acceptable.
( Eq. 16-8)
E:\FR\FM\08AUP1.SGM
EP08AU05.089
2
n
n
∑ di
i =1
∑ di −
n
s d = i =1
n −1
PEMSiAdjusted = PEMSi × B
EP08AU05.088
12.2.2 Standard Deviation. Calculate
the standard deviation of the differences
using Equation 16–2 (positive square
root).
EP08AU05.087
Eq. 16-1
EP08AU05.086
1 n
∑ di
n i =1
EP08AU05.085
d=
EP08AU05.084
12.0 Calculations and Data Analysis
12.1 Nomenclature.
B = PEMS bias adjustment factor.
cc = Confidence coefficient.
di = Difference between each RM and
PEMS run.
¯
d = Arithmetic mean of differences for
all runs.
ei = Individual measurement provided
by the PEMS or RM at a particular level.
em = Mean of the PEMS or RM
measurements at a particular level.
ep = Individual measurement provided
by the PEMS.
ev = Individual measurement provided
by the RM.
F = Calculated F-value.
n = Number of RM runs.
PEMSi = Individual measurement
provided by the PEMS.
PEMSiAdjusted = Individual
measurement provided by the PEMS
adjusted for bias.
¯¯ ¯ ¯
PEMS = Mean of the values provided
by the PEMS at the normal operating
range during the bias test.
r = coefficient of correlation.
RA = Relative accuracy.
¯ ¯
RM = Average RM value. In cases
where the average emissions for the test
are less than 50 percent of the
applicable standard, substitute the
emission standard value here in place of
the average RM value.
Sd = Standard deviation of differences.
S2 = variance of your PEMS or RM.
t0.025 = t-value for a one-sided, 97.5
percent confidence interval (see Table
16–1).
12.2 Relative Accuracy Calculations.
Calculate the mean of the RM values.
Calculate the differences between the
pairs of observations for the RM and the
PEMS output sets. Finally, calculate the
mean of the differences, standard
deviation, confidence coefficient, and
PEMS RA, using Equations 16–1, 16–2,
16–3, and 16–4, respectively. For
compliance and market-trading PEMS,
calculate the RA at each operating level.
The PEMS must pass the RA criterion at
each operating level.
12.2.1 Arithmetic Mean. Calculate
the arithmetic mean of the differences
EP08AU05.083
Analytical Procedure [Reserved]
EP08AU05.082
11.0
¯
differences d is greater than the absolute
value of the confidence coefficient (cc),
your PEMS must incorporate a bias
factor to adjust future PEMS values as
in Equation 16–5.
between paired RM and PEMS
observations using Equation 16–1.
08AUP1
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10.0 Calibration and Standardization
[Reserved]
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13.0
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13.3 PEMS Variance. Your
calculated F-value must not be greater
than the critical F-value at the 95percent confidence level for your PEMS
to be acceptable.
13.4 PEMS Correlation. Your
calculated r-value must be greater than
or equal to 0.8 for your PEMS to be
acceptable.
Method Performance.
13.1 PEMS Relative Accuracy. See
the relevant regulation for the
applicable RA criterion. For PEMS
installed to meet New Source
Performance Standards, the RA of your
PEMS must be no greater than 10
percent when based upon the average
RM data (which must be measured in
the units of your emission standard).
For emissions below 25 percent of the
emission standard, 20 percent RA based
upon the emission standard may be
used. For emissions below 10 percent of
the emission standard, average PEMS
measurements within 2 ppm of the RM
mean value constitutes an acceptable
RA test. For diluent PEMS, an
alternative criterion of ±1 percent
absolute difference between the PEMS
and RM may be used if less stringent.
13.2 PEMS Bias. Your PEMS data is
considered biased and must be adjusted
if the arithmetic mean (d) is greater than
the absolute value of the confidence
coefficient (cc) in Equations 16.1 and
16.3. In such cases, a bias factor must be
used to correct your PEMS data.
14.0
Pollution Prevention. [Reserved]
15.0
Waste Management. [Reserved]
16.0
References. [Reserved]
17.0 Tables, Diagrams, Flowcharts,
and Validation Data
TABLE 16–1.—T-VALUES FOR ONESIDED, 97.5 PERCENT CONFIDENCE
INTERVALS FOR SELECTED SAMPLE
SIZES†
n-1
2
3
4
5
6
7
t0.025
................................................
................................................
................................................
................................................
................................................
................................................
12.706
4.303
3.182
2.776
2.571
2.447
TABLE 16–1.—T-VALUES FOR ONESIDED, 97.5 PERCENT CONFIDENCE
INTERVALS FOR SELECTED SAMPLE
SIZES†—Continued
n-1
t0.025
8 ................................................
9 ................................................
10 ..............................................
11 ..............................................
12 ..............................................
13 ..............................................
14 ..............................................
15 ..............................................
16 ..............................................
17 ..............................................
18 ..............................................
19 ..............................................
20 ..............................................
21 ..............................................
22 ..............................................
23 ..............................................
24 ..............................................
25 ..............................................
26 ..............................................
27 ..............................................
28 ..............................................
>29 ............................................
2.365
2.306
2.262
2.228
2.201
2.179
2.160
2.145
2.131
2.120
2.110
2.101
2.093
2.086
2.080
2.074
2.069
2.064
2.060
2.056
2.052
t-Table
†(Use n equal to the number of data points
(n-1 equals the degrees of freedom).
TABLE 16–2.—F-VALUES FOR CRITICAL VALUE OF F AT THE 95 PERCENT CONFIDENCE LEVEL
d.f. for S2PEMS
d.f. for S2RM
1
*
*
*
*
3
4
5
6
7
8
9
10
11
12
161.4
18.51
10.13
7.709
6.608
5.987
5.591
5.318
5.117
4.965
4.844
4.747
1 ...............................................................
2 ...............................................................
3 ...............................................................
4 ...............................................................
5 ...............................................................
6 ...............................................................
7 ...............................................................
8 ...............................................................
9 ...............................................................
10 .............................................................
11 .............................................................
12 .............................................................
2
199.5
19.00
9.552
6.944
5.786
5.143
4.734
4.459
4.257
4.103
3.982
3.885
215.7
19.16
9.277
6.591
5.410
4.757
4.347
4.066
3.863
3.709
3.587
3.490
224.6
19.25
9.117
6.388
5.192
4.534
4.120
3.838
3.633
3.478
3.357
3.259
230.2
19.30
9.014
6.256
5.050
4.387
3.971
3.688
3.482
3.326
3.204
3.106
234.0
19.33
8.941
6.163
4.950
4.284
3.866
3.581
3.374
3.217
3.095
2.996
236.8
19.35
8.887
6.094
4.876
4.207
3.787
3.501
3.293
3.136
3.012
2.913
238.9
19.37
8.845
6.041
4.818
4.147
3.726
3.438
3.230
3.072
2.948
2.849
240.5
19.38
8.812
5.999
4.773
4.099
3.677
3.388
3.197
3.020
2.896
2.796
241.8
19.50
8.786
5.964
4.735
4.060
3.637
3.347
3.137
2.978
2.854
2.753
243.0
19.40
8.763
5.935
4.703
4.027
3.603
3.312
3.102
2.942
2.817
2.717
243.9
19.41
8.745
5.912
4.678
4.000
3.575
3.284
3.073
2.913
2.788
2.687
*
Appendix F—[Amended]
9. In Procedure 1 of Appendix F, by
revising paragraph (3) of Section 5.1.2
and Section 8 as follows:
Procedure 1. Quality Assurance
Requirements for Gas Continuous
Emission Monitoring Systems Used for
Compliance Determination
*
*
*
*
*
5.1.2 Cylinder Gas Audit (CGA).
*
*
*
*
*
(3) Use Certified Reference Materials
(CRM’s) (See Citation 1) audit gases that
have been certified by comparison to
National Institute of Standards and
Technology (NIST) or EPA Traceability
Protocol Materials (ETPM’s) following
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the most recent edition of EPA’s
Traceability Protocol No. 1 (See Citation
2). Procedures for preparation of CRM’s
are described in Citation 1. Procedures
for preparation of ETPM’s are described
in Citation 2. As an alternative to CRM’s
or ETPM gases, Method 205 (See
Citation 3) may be used.
The difference between the actual
concentration of the audit gas and the
concentration indicated by the monitor
is used to assess the accuracy of the
CEMS.
*
*
*
*
*
8. Bibliography
1. ‘‘A Procedure for Establishing
Traceability of Gas Mixtures to Certain
National Bureau of Standards Standard
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Reference Materials.’’ Joint publication
by NBS and EPA–600/7–81–010,
Revised 1989. Available from the U.S.
Environmental Protection Agency.
Quality Assurance Division (MD–77).
Research Triangle Park, NC 27711.
2. ‘‘EPA Traceability Protocol For
Assay And Certification Of Gaseous
Calibration Standards.’’ EPA–600/R–97/
121, September 1997. Available from
EPA’s Emission Measurement Center at
www.epa.gov/ttn/emc.
3. Method 205, ‘‘Verification of Gas
Dilution Systems for Field Instrument
Calibrations,’’ 40 CFR 51, Appendix M.
*
*
*
*
*
10. In Procedure 2, by revising
Section 10.1, paragraph (3) of Section
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*
*
*
*
*
10.1 When should I use paired trains
for reference method testing? Although
not required, we recommend that you
should use paired-train reference
method testing to generate data used to
develop your PM CEMS correlation and
for RCA testing. Guidance on the use of
paired sampling trains can be found in
ACA Accuracy =
Where:
Where:
ACA Accuracy = The ACA accuracy at
each audit point, in percent,
CCEM = The PM concentration that
corresponds to your PM CEMS
response to the reference standard,
as calculated using the correlation
equation for your PM CEMS,
CRV = The PM concentration that
corresponds to the reference
standard value in units consistent
with CCEM, and
Cs = The PM concentration that
corresponds to the applicable
emission limit in units consistent
with CCEM.
*
*
*
*
*
11. The authority citation for Part 63
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
12. In Method 303 of Appendix A, by
adding the following sentence to
Section 1.1:
Appendix A to Part 63—Test Methods
*
*
*
*
Method 303—Determination of Visible
Emissions From By-Product Coke Oven
Batteries
*
*
VerDate jul<14>2003
RV
× 100%
( Eq. 2-1a)
ACA Accuracy=The ACA accuracy at
each audit point, in percent,
ACA Accuracy =
*
R CEM − R V
*
*
*
20:26 Aug 05, 2005
Jkt 205001
1.0
C CEM − C RV
Cs
× 100%
1.1 Applicability. * * * In order for
the test method results to be indicative
of plant performance, the time of day of
the run should vary.
*
*
*
*
*Q
P=’03’≤
[FR Doc. 05–15330 Filed 8–5–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[OPP–2005–0069; FRL–7729–4]
Inert Ingredients; Proposal to Revoke
34 Pesticide Tolerance Exemptions for
31 Chemicals; Reopening of Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
This document reopens the
public comment periodof EPA’s
proposal to revoke 34 exemptions from
the requirement of a tolerance that are
associated with 31 inert ingredients
because, according to Agency records,
these substances are no longer
contained in active Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
RCEM = Your PM CEMS response to the
reference standard, and
RV = The reference standard value.
( Eq. 2-1b)
Scope and Application
SUMMARY:
12.0 What calculations and data
analysis must I perform for my PM
CEMS?
*
*
*
*
*
(2) How do I calculate ACA accuracy?
You must use either Equation 2–1a or 2–
1b to calculate ACA accuracy for each
of the three audit points. However,
when calculating ACA accuracy for the
first audit point (0 to 20 percent of
measurement range), you must use
Equation 2–1b to calculate ACA
accuracy if the reference standard value
(Rv) equals zero.
pesticide product registrations (70 FR
31401, June 1, 2005).
Comments, identified by the
docket identification (ID) number OPP–
2005–0069, must be received on or
before August 31, 2005.
DATES:
Follow the detailed
instructions as provided under
ADDRESSES in the Federal Register
document of June 1, 2005.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Karen Angulo, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 306–0404; fax number: (703) 305–
0599; e-mail address:
angulo.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the proposed
rule a list of those who may be
potentially affected by this action. If you
have questions regarding the
applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU05.091
Procedure 2—Quality Assurance
Requirements for Particulate Matter
Continuous Emission Monitoring
Systems at Stationary Sources
the PM CEMS Knowledge Document
(see section 16.5 of PS–11).
*
*
*
*
*
10.4 What are my limits for
excessive audit inaccuracy?
*
*
*
*
*
(3) What are the criteria for excessive
ACA error? Your PM CEMS is out of
control if the results of any ACA exceed
±10 percent of the average audit value,
as calculated using Equation 2–1a, or
7.5 percent of the applicable standard,
as calculated using Equation 2–1b,
whichever is greater.
*
*
*
*
*
EP08AU05.090
10.4, paragraph (2) of Section 12.0 as
follows:
45625
Agencies
[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Proposed Rules]
[Pages 45608-45625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15330]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
OAR-2003-0074
[FRL-7947-5]
RIN 2060-AG21
Performance Specification 16 for Predictive Emission Monitoring
Systems and Amendments to Testing and Monitoring Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency is proposing performance
specifications (PS) that evaluate the acceptability of predictive
emission monitoring systems (PEMS) when used on stationary sources.
This PS is needed to provide sources and regulatory agencies with
performance criteria for evaluating this new technology. The intended
effect of this action is to establish standardized performance
requirements that will be used to evaluate candidate PEMS uniformly.
The affected industries and their Standard Industrial Classification
codes are listed under SUPPLEMENTARY INFORMATION. In addition, we are
proposing to make minor amendments to various testing provisions in the
New Source Performance Standards (NSPS) and National Emission Standards
for Hazardous Air Pollutants for Source Categories (MACT) to correct
inadvertent errors, make needed updates, and add flexibility.
DATES: Comments: Submit comments on or before October 7, 2005.
Public Hearing: If anyone contacts us requesting to speak at a
public hearing by August 23, 2005, we will hold a public hearing on
September 7, 2005.
ADDRESSES: Comments. Comments may be submitted electronically, by mail,
by facsimile, or through hand delivery/courier. Follow the detailed
instructions as provided in Unit IB of the SUPPLEMENTARY INFORMATION
section.
Public Hearing. If a public hearing is held, it will be held at 10
a.m. in the EPA Auditorium, Research Triangle Park, North Carolina, or
at an alternate site nearby.
Docket. Docket No. OAR-2003-0074, contains information relevant to
this rule. You can read and copy it between 8:30 a.m. and 5:30 p.m.,
Monday through Friday, (except for Federal holidays), at the U.S.
Environmental Protection Agency, EPA Docket Center, EPA West, Room 108,
1301 Constitution Ave., Washington, DC 20004; telephone (202) 566-1742.
The docket office may charge a reasonable fee for copying.
FOR FURTHER INFORMATION CONTACT: Foston Curtis, Emission Measurement
Center, Mail Code D205-02, Emissions, Monitoring, and Analysis
Division, U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone (919) 541-1063; facsimile number (919)
541-0516; electronic mail address curtis.foston@epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
A. Affected Entities
Predictive emission monitoring systems are not currently required
in any Federal rule. However, they may be used under the NSPS to
predict nitrogen oxides emissions from small industrial, commercial,
and institutional steam generating units. In some cases, PEMS have been
approved as alternatives to CEMS for the initial 30-day compliance test
at these facilities. Various State and Local regulations are
incorporating PEMS as an emission monitoring tool. The major entities
that are potentially affected by Proposed Performance Specification 16
and amendments to the subparts are included in the following tables.
Table 1.--Major Entities Potentially Affected by This Action for
Proposed Performance Specification 16 and for Petroleum Refinery NSPS,
Kraft Pulp Mills NSPS, Municipal Solid Waste Landfill NSPS
------------------------------------------------------------------------
Examples of regulated entities SIC codes NAICS codes
------------------------------------------------------------------------
Industrial, Commercial, Institutional 3569 332410
Steam Generating Units.................
Stationary Gas Turbines................. 3511 333611
Petroleum Refineries.................... 2911 324110
Kraft Pulp Mills........................ 2621 322110
Municipal Solid Waste Landfills......... 4953 562213
Surface Coatings........................ 3479 336111, 336112
Coke Ovens.............................. 3312 33111111
------------------------------------------------------------------------
Table 2.--Major Entities Potentially Affected by This Action for
Amendments to Performance Specification 11 and Procedure 2, Appendix F,
Part 60
------------------------------------------------------------------------
Examples of regulated entities SIC codes NAICS codes
------------------------------------------------------------------------
Portland Cement Manufacturing........... 3559 333298
[[Page 45609]]
Hazardous Waste Incinerators............ 4953 562211
------------------------------------------------------------------------
Table 3.--Major Entities Potentially Affected by This Action for
Amendments to Performance Specification 2, Appendix B, Part 60
------------------------------------------------------------------------
Examples of regulated entities SIC codes NAICS codes
------------------------------------------------------------------------
Fossil Fuel Steam Generators............ 3569 332410
Electric Generating Units............... 3569 332410
Industrial/Commercial/Institutional 3569 332410
Steam Generating Units.................
Small Industrial/Commercial/ 3569 332410
Institutional Steam Generating Units...
Municipal Waste Combustors.............. 4953 562213
Nitric Acid Plants...................... 2873 525311
Sulfuric Acid Plants.................... 2819 325188
Petroleum Refineries.................... 2911 324110
Primary Copper Smelters................. 3331 331411
Primary Zinc Smelters................... 3339 331419
Primary Lead Smelters................... 3339 331419
------------------------------------------------------------------------
Table 4.--Major Entities Potentially Affected by This Action for
Amendments to Method 24, Appendix A, Part 60
------------------------------------------------------------------------
Examples of regulated entities SIC codes NAICS codes
------------------------------------------------------------------------
Rubber Tire Manufacturing............... 3011 326211
Flexible Vinyl and Urethane Coating and 2754 323111
Printing...............................
Magnetic Tape Coating Facilities........ 3695 334613
Surface Coating of Plastic Parts for 3479 326199
Business Machines......................
Polymetric Coating of Supporting 2824 332812
Substrates Facilities..................
Surface Coating of Metal Furniture...... 2514 337124
Automobile and Light Duty Truck Surface 5012 336111
Coating................................
Graphic Arts Industry: Publication 2754 323111
Rotogravure Printing...................
Pressure Sensitive Tape and Label 2672 322222
Surface Coating Operations.............
Indusrial Surface Coating: Large 5064 421620
Appliances.............................
Metal Coil Surface Coating.............. 3479 335931
Beverage Can Surface Coating............ 3411 332812
Aerospace............................... 3721 33641
Boat and Ship Manufacturing and Repair 3731, 3732 ..............
Surface Coating........................
Fabric Printing, Coating and Dyeing..... 2759 ..............
Leather Finishing....................... 3111 ..............
Miscellaneous Coating Manufacturing..... 3479 ..............
Miscellaneous Metal Parts and Products.. 3479 ..............
Paper and other Web Surface Coating..... 2741
Plastic Parts Surface Coating........... 3479
Printing and Publishing Surface Coating. 2741 ..............
Wood Building Products.................. 2499 ..............
Wood Furniture.......................... 2511, 2521 ..............
------------------------------------------------------------------------
These tables are not intended to be exhaustive, but rather provides
an example of entities that may be affected by this action. If you have
any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OAR-2003-0074. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Documents in the official
public docket are listed in the index list in EPA's electronic public
docket and comment system, EDOCKET. Documents may be available either
electronically or in hard copy. Electronic documents may be viewed
through EDOCKET. Hard copy documents may be viewed at Docket OAR-2003-
0074, EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC 20460; telephone (202) 566-1742.
The docket facility 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.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/ or you can go to the federal
wide eRulemaking site at http://www.regulations.gov.
[[Page 45610]]
An electronic version of the public docket is available through
EDOCKET. You may use EPA Dockets at http://www.epa.gov/edocket/ to
submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, select ``search,'' then key in the appropriate docket
identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. The EPA's policy is that copyrighted material will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EDOCKET, the system will identify whether the document is
available for viewing in EPA's electronic public docket. Publicly
available docket materials that are not available electronically may be
viewed at the docket facility identified in Unit I.B. The EPA intends
to work towards providing electronic access to all of the publicly
available docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or on paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket,
visit EDOCKET online or see 67 FR 38102, May 31, 2002.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
The EPA is not required to consider these late comments. However, late
comments may be considered if time permits.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. The EPA's policy is that
EPA will not edit your comment, and any identifying or contact
information provided in the body of a comment will be included as part
of the comment that is placed in the official public docket and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EDOCKET. Your use of EPA's electronic public docket to submit
comments to EPA electronically is EPA's preferred method for receiving
comments. Go directly to EDOCKET at http://www.epa.gov/edocket, and
follow the online instructions for submitting comments. To access EPA's
electronic public docket from the EPA Internet Home Page, select
``Information Sources,'' ``Dockets,'' and ``EDOCKET.'' Once in the
system, select ``search,'' and then key in Docket ID No. OAR-2003-0074.
The system is an ``anonymous access'' system, which means EPA will not
know your identity, e-mail address, or other contact information unless
you provide it in the body of your comment.
ii. http://www.regulations.gov. Electronic comments may also be
sent through the federal wide eRulemaking web site at http://
www.regulations.gov.
iii. E-mail. Comments may be sent by electronic mail (e-mail) to a-
and-r-docket@epamail.gov, Attention: Docket ID No. OAR-2003-0074. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket and made available in EPA's electronic public docket.
iv. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send duplicate copies of your comments to:
``Performance Specification 16 for Predictive Emission Monitoring
Systems,'' Environmental Protection Agency, Mail Code 6102T, 1200
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No.
OAR-2003-0074.
3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center, EPA West, Room 108, 1301 Constitution Ave., NW.,
Washington, DC 20460, Attention: Docket ID No. OAR-2003-0074. Such
deliveries are only accepted during the Docket's normal hours of
operation as identified in Unit I.B.1.
4. By Facsimile. Fax your comments to: 202-566-1741, Attention:
Docket ID. No. OAR-2003-0074.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the docket
address to the attention of Docket ID No. OAR-2003-0074. You may claim
information that you submit to EPA as CBI by marking any part or all of
that information as CBI (if you submit CBI on disk or CD ROM, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is CBI).
Information so
[[Page 45611]]
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR Part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
Outline. The information presented in this preamble is organized as
follows:
I. Background
II. Summary of Proposed Performance Specification 16
A. What Is the Purpose of PS-16?
B. Who Must Comply With PS-16?
C. What Are the Basic Requirements of PS-16?
D. What Is the Rationale for the Performance Criteria in PS-16?
III. Summary of Other Amendments
A. Petroleum Refinery (Subpart J) NSPS
B. Kraft Pulp Mill (Subpart BB) NSPS
C. Municipal Solid Waste Landfills (Subpart WWW) NSPS
D. Method 24 of Appendix A of Part 60
E. Performance Specification 2 of Appendix B of Part 60
F. Performance Specification 11 of Appendix B of Part 60
G. Method 303 of Appendix A of Part 63
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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: Action Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. NTTAA: National Technology Transfer and Advancement Act
I. Background
Today we are proposing Performance Specification 16 for Predictive
Emission Monitoring Systems to Appendix B, Part 60. Predictive emission
monitoring systems are a new and innovative tool for monitoring
pollutant emissions without the traditional hardware analyzers. The
PEMS predicts a unit's emissions indirectly using process parameters
that have a known relationship to pollutant concentration. Their
principle of operation can range from a relatively simple relationship
based on combustion principles to the more complex computer models that
are trained to predict emissions using neural networks technology. They
have been used for monitoring purposes at industrial, commercial, and
institutional steam-generating units, gas turbines, internal combustion
engines, and other combustion processes where process parameters have a
predictable relationship to emissions. We are also proposing to make
amendments to the testing and monitoring provisions of various NSPS and
MACT rules.
II. Summary of Proposed Performance Specification 16
A. What Is the Purpose of PS-16?
The purpose of PS-16 is to establish the initial installation and
performance procedures that candidate PEMS must meet to be acceptable
for use. The specification stipulates equipment design and
documentation, location, and addresses initial and periodic performance
tests of the PEMS.
B. Who Must Comply With PS-16?
If adopted as a final rule, all PEMS that will be used to comply
with 40 CFR Parts 60, 61, and 63 will be required to comply with PS-16.
In addition to new PEMS that are installed after the effective date of
PS-16, other PEMS may also be required to comply with PS-16 at the
discretion of the applicable regulatory agency or permit writer.
C. What Are the Basic Requirements of PS-16?
The PS-16 requires owners and operators of affected PEMS to: (1)
Select a PEMS that satisfies basic design criteria; (2) verify and
document their PEMS; (3) validate their PEMS against a reference method
using prescribed statistical procedures prior to placing it into
operation; and (4) periodically reassess their PEMS's performance. The
performance requirements for PS-16 follow the general performance
requirements for continuous emission monitoring systems (CEMS) in
Appendix B of Part 60. A relative accuracy (RA) test of the PEMS
against a reference method is the primary assessment of accuracy. The
number of runs prescribed for the RA test will depend upon the
underlying regulation.
D. What Is the Rationale for the Performance Criteria in PS-16?
The Agency is allowing, but not requiring, PEMS use in a number of
recently-promulgated rules, and a number of facilities regulated by
State and Local agencies are considering their use. Past EPA approvals
of PEMS were based on criteria provided in the draft performance
specifications on the Agency's Emission Measurement Center website. In
other cases, performance specifications developed by State or Local
Agencies were used to evaluate the PEMS. We are proposing PS-16 to
provide regulatory agencies a uniform procedure for assessing the
capabilities of this new monitoring tool.
III. Summary of Other Amendments
A. Petroleum Refinery (Subpart J) NSPS
In the petroleum refinery NSPS in Sec. 60.106(b)(3) the equation
for determining the coke burnoff rate is being corrected.
B. Kraft Pulp Mill (Subpart BB) NSPS
In the monitoring provisions of the kraft pulp mills NSPS in Sec.
60.284, a paragraph requiring continuous emission monitors be subject
to the quality assurance provisions of Appendix F that was added by
mistake in an October 17, 2000 amendment is being deleted.
C. Municipal Solid Waste Landfill (Subpart WWW) NSPS
Under the municipal solid waste landfill NSPS in Sec. 60.752, the
requirement to test open flares for heat content and flare exit
velocity using Methods 18 and ASTM D1946 is being
[[Page 45612]]
changed to require Method 3C. These open flares must comply with the
general flare provisions of 40 CFR 60.18, which require that flare gas
heat content and flare exit velocity be within prescribed limits. The
heat content of flare gas is determined from an analysis of its organic
compound and hydrogen content using Method 18 and ASTM D1946,
respectively. Methane is the only significant organic compound in
landfill gas and hydrogen is not likely to be present. Therefore,
Method 18 and ASTM D1946 are not practical methods for landfill
applications. Method 3C is less labor-intensive than Method 18 and has
the preferred measuring range for methane levels encountered at
landfills. In addition, Method 3C determines oxygen and nitrogen which
are currently determined by an additional method and are needed to
calculate the flare gas exit velocity. We are proposing that Method 3C
be required as the test method for methane in place of Method 18 and
ASTM D1946 for organics and hydrogen.
D. Method 24 of Appendix A of Part 60
Method 24, Part 60, Appendix A is used to determine the contents
and properties of surface coatings under NSPS applications. Method 24
currently references ASTM D2369 as the method for determining volatiles
content. The American Society for Testing and Materials has recommended
that ASTM D6419 be allowed as an alternative to D2369 in this case. We
are proposing to amend Method 24 to allow this option.
E. Performance Specification 2, Part 60, Appendix B
In Performance Specification 2, Part 60, Appendix B, an inadvertent
omission in an October 17, 2000 amendment removed an allowance for
relative accuracy relief for low-emitters. We are proposing to
reinstate the allowance.
F. Performance Specification 11 of Appendix of Appendix B of Part 60
The publication on January 12, 2004 of Performance Specification 11
for Appendix B and Procedure 2 for Part 60, Appendix F contained
technical and typographical errors and unclear instructions. We are
revising the definition of confidence interval half range to clarify
the language, replacing the word ``pairs'' with ``sets'' to avoid
possible confusion regarding the use of paired sampling trains,
correcting errors in Equations 11-22, 11-27, and 11-37, correcting the
procedures in paragraphs (4) and (5) of section 12.3 for determining
confidence and tolerance interval half ranges for the exponential and
power correlation models, and adding a note following paragraph (5)(v)
concerning the application of correlation equations to calculate PM
concentrations using the response data from an operating PM CEMS. We
are also renumbering some equations and references for clarification,
consistency, and accuracy.
G. Method 303 of Appendix A of Part 63
In Method 303 of Appendix A of Part 63, we are proposing to add a
statement on varying the time of day runs are taken that was deleted by
mistake in a recent amendment of the method.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Reviews
Under Executive Order 12866 (58 FR 51735 October 4, 1993), we must
determine whether this regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of this Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affects in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, Local, or Tribal governments or
communities; (2) create a serious inconsistency or otherwise interferes
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs, or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
We have determined that this rule is not a ``significant regulatory
action'' under the terms of Executive Order 12866 and is therefore not
subject to OMB review. We have determined that this regulation would
result in none of the economic effects set forth in Section 1 of the
Order because it does not impose emission measurement requirements
beyond those specified in the current regulations, nor does it change
any emission standard.
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.
This actions provides performance criteria for a new monitoring tool
that may be used in some cases in place of current source monitoring
requirements. These criteria do not add information collection
requirements beyond those currently required under the applicable
regulation. The additional amendments being made to the testing
requirements in 40 CFR part 60 do no add information collection
requirements but make minor corrections to existing testing
methodology.
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 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 as defined
by the Small Business Administration's regulations at 13 CFR 121.201;
(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. Entities potentially affected by this action
[[Page 45613]]
include those listed in Table 1 of SUPPLEMENTARY INFORMATION.
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. We are
allowing, but not requiring, PEMS use in a number of recently-
promulgated rules, and a number of facilities regulated by State and
Local agencies are considering their use. The intended effect of this
action is to facilitate the use of PEMS by establishing levels of
acceptability for candidate PEMS. In addition, we are proposing to make
minor amendments to various testing provisions in the New Source
Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants for Source Categories (MACT) to correct
inadvertent errors, make needed updates, and add flexibility. We invite
comments on all aspects of the proposal and its impacts on small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 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.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, Local, or Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local, or Tribal governments or the private sector. In
any event, EPA has determined that this 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 the private
sector in any one year. Thus, today's rule is not subject to the
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'' are 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 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. Thus, the requirements of Section 6
of the Executive Order do not apply to this rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and Local
governments, EPA specifically solicits comment on this proposed rule
from State and Local officials.
F. Executive Order 13175: Consultation and Coordination With Tribal
Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 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.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This proposed rule does not have tribal implications. 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, as specified in Executive Order 13175. In
this proposed rule, we are simply allowing an alternative emission
monitoring tool that applicable facilities may use. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 applies to any rule that EPA determines (1)
is ``economically significant'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has 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.
The EPA interprets Executive Order 13045 as applying only to
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it is not based on health or
safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action 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
[[Page 45614]]
not a significant regulatory action under Executive Order 12866.
I. NTTAA: National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272), directs us to
use voluntary consensus standards (VCSs) in our 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,
business practices, etc.) that are developed or adopted by VCS bodies.
The NTTAA requires us to provide Congress, through OMB, explanations
when we decide not to use available and applicable VCSs. We are not
proposing new test methods in this rulemaking but are adding
performance requirements for a new monitoring tool that can be used as
an alternative to what has already been mandated. Therefore, NTTAA does
not apply.
List of Subjects in 40 CFR Parts 60 and 63
Environmental protection, Air pollution control, New sources, Test
methods and procedures, Performance specifications, and Continuous
emission monitors.
Dated: July 26, 2005.
Stephen L. Johnson,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend title 40, chapter I of the Code of
Federal Regulations as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
1. The authority citation for Part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7601, and
7602.
Sec. 60.106 [Amended]
2. By revising the equation in Sec. 60.106(b)(3) to read as
follows:
Sec. 60.106 Test methods and procedures.
* * * * *
(b) * * *
(3) * * *
RC = K1Qr (%CO2 + %CO) +
(K2Qa - K3Qr)((%CO / 2) +
(%CO2 + %O2))
* * * * *
Sec. 60.284 [Amended]
3. By revising Sec. 60.284(f) to read as follows:
Sec. 60.284 Monitoring of emissions and operations.
* * * * *
(f) The procedures under Sec. 60.13 shall be followed for
installation, evaluation, and operation of the continuous monitoring
systems required under this section. All continuous monitoring systems
shall be operated in accordance with the applicable procedures under
Performance Specifications 1, 3, and 5 of appendix B of this part.
* * * * *
Sec. 60.752 [Amended]
4. By revising Sec. 60.752(b)(2)(iii)(A) to read as follows:
Sec. 60.752 Standards for air emissions from municipal solid waste
landfills
* * * * *
(b) * * *
(2) * * *
(iii) * * *
(A) An open flare designed and operated in accordance with Sec.
60.18, except that the net heating value of the combusted landfill gas
is calculated from the concentration of methane in the landfill gas as
measured by Method 3C. Other organic components, hydrogen, and carbon
monoxide are not measured;
* * * * *
Appendix A [Amended]
5. In Appendix A, by adding Section 6.7 to Method 24 to read as
follows:
Method 24--Determination of Volatile Matter Content, Water Content,
Density, Volume Solids, and Weight Solids of Surface Coatings
* * * * *
6.7 ASTM D 6419-00, Test Method for Volatile Content of Sheet-Fed
and Coldset Web Offset Printing Inks.
* * * * *
Appendix B [Amended]
6. In Appendix B, by adding a sentence to Section 13.2 of
Performance Specification 2 to read as follows:
Performance Specification 2--Specifications and Test Procedures for
SO2 and NOX Continuous Emission Monitoring
Systems in Stationary Sources
* * * * *
13.2 * * * For SO2 emission standards of 130 to and
including 86 ng/J (0.30 and 0.20 lb/million Btu), inclusive, use 15
percent of the applicable standard; below 86 ng/J (0.20 lb/million
Btu), use 20 percent of the emission standard.
* * * * *
7. In Appendix B, Performance Specification 11:
A. By revising Sections 3.4 and 8.6;
B. By revising paragraphs (1)(ii), (2), (4), and (5) of Section
12.3;
C. By revising paragraph (3)(ii) of Section 12.4;
D. By revising (2) and (3) of Section 13.2;
E. By adding references 16.8 and 16.9 to Section 16.0; and
F. By revising Table 1 in Section 17.0.
The revisions and addition read as follows:
Performance Specification 11--Specifications and Test Procedures for
Particulate Matter Continuous Emission Monitoring Systems at Stationary
Sources
* * * * *
3.4 ``Confidence Interval Half Range (CI)'' is a statistical term
and means one-half of the width of the 95 percent confidence interval
around the predicted mean PM concentration (y value) calculated at the
PM CEMS response value (x value) where the confidence interval is
narrowest. Procedures for calculating CI are specified in section 12.3.
The CI as a percent of the emission limit value (CI%) is calculated at
the appropriate PM CEMS response value and must satisfy the criteria
specified in Section 13.2 (2).
* * * * *
8.6 How do I conduct my PM CEMS correlation test? You must conduct
the correlation test according to the procedure given in paragraphs (1)
through (5) of this section. If you need multiple correlations, you
must conduct testing and collect at least 15 sets of reference method
and PM CEMS data for calculating each separate correlation.
* * * * *
12.3 How do I determine my PM CEMS correlation?
* * * * *
(1) How do I evaluate a linear correlation for my correlation test
data?
* * * * *
(ii) Calculate the half range of the 95 percent confidence interval
(CI) for the predicted PM concentration (y) at the mean value of x,
using Equation 11-8:
[GRAPHIC] [TIFF OMITTED] TP08AU05.045
Where:
CI = the half range of the 95 percent confidence interval for the
predicted PM concentration at the mean x value,
tdf,1-a/2 = the value for the t statistic provided in Table
1 for df = (n-2), and
[[Page 45615]]
SL = the scatter or deviation of y values about the
correlation curve, which is determined using Equation 11-9:
[GRAPHIC] [TIFF OMITTED] TP08AU05.046
Calculate the confidence interval half range for the predicted PM
concentration (y) at the mean x value as a percentage of the emission
limit (CI%) using Equation 11-10:
[GRAPHIC] [TIFF OMITTED] TP08AU05.047
Where:
CI = the half range of the 95 percent confidence interval for the
predicted PM concentration at the mean x value, and
EL = PM emission limit, as described in section 13.2.
(iii) Calculate the half range of the tolerance interval (TI) for
the predicted PM concentration (y) at the mean x value using Equation
11-11:
[GRAPHIC] [TIFF OMITTED] TP08AU05.048
Where:
TI = the half range of the tolerance interval for the predicted PM
concentration (y) at the mean x value,
kT = as calculated using Equation 11-12, and
SL = as calculated using Equation 11-9:
[GRAPHIC] [TIFF OMITTED] TP08AU05.049
Where:
n' = the number of test runs (n),
un, = the tolerance factor for 75 percent coverage at 95
percent confidence provided in Table 1 for df = (n-2), and
vdf = the value from Table 1 for df = (n--2).
Calculate the half range of the tolerance interval for the
predicted PM concentration (y) at the mean x value as a percentage of
the emission limit (TI%) using Equation 11-13:
[GRAPHIC] [TIFF OMITTED] TP08AU05.050
Where:
TI = the half range of the tolerance interval for the predicted PM
concentration (y) at the mean x value, and
EL = PM emission limit, as described in section 13.2.
* * * * *
(2) How do I evaluate a polynomial correlation for my correlation
test data? To evaluate a polynomial correlation, follow the procedures
described in paragraphs (2)(i) through (iv) of this section.
(i) Calculate the polynomial correlation equation, which is
indicated by Equation 11-16, using Equations 11-17 through 11-22:
[GRAPHIC] [TIFF OMITTED] TP08AU05.051
Where:
y = the PM CEMS concentration predicted by the polynomial correlation
equation, and
b0, b1, b2 = the coefficients
determined from the solution to the matrix equation Ab=B
Where:
[GRAPHIC] [TIFF OMITTED] TP08AU05.052
[GRAPHIC] [TIFF OMITTED] TP08AU05.053
Where:
xi = the PM CEMS response for run i,
yi = the reference method PM concentration for run i, and
n = the number of test runs.
Calculate the polynomial correlation curve coefficients
(b0, b1, and b2 ) using Equations 11-
19 through 11-21, respectively:
[GRAPHIC] [TIFF OMITTED] TP08AU05.054
[GRAPHIC] [TIFF OMITTED] TP08AU05.055
[GRAPHIC] [TIFF OMITTED] TP08AU05.056
Where:
[[Page 45616]]
[GRAPHIC] [TIFF OMITTED] TP08AU05.057
(ii) Calculate the 95 percent confidence interval half range (CI)
by first calculating the C coefficients (C0 to
C5) using Equations 11-23 and 11-24:
[GRAPHIC] [TIFF OMITTED] TP08AU05.058
Where:
[GRAPHIC] [TIFF OMITTED] TP08AU05.059
Calculate [Delta] using Equation 11-25 for each x value:
[GRAPHIC] [TIFF OMITTED] TP08AU05.060
Determine the x value that corresponds to the minimum value [Delta]
([Delta]min). Determine the scatter or deviation of y values
about the polynomial correlation curve (SP) using Equation
11-26:
[GRAPHIC] [TIFF OMITTED] TP08AU05.061
Calculate the half range of the 95 percent confidence interval (CI)
for the predicted PM concentration (y) at the x value that corresponds
to [Delta]min using Equation 11-27:
[GRAPHIC] [TIFF OMITTED] TP08AU05.062
Where:
df = (n - 3), and
tdf = as listed in Table 1 (see section 17).
Calculate the half range of the 95 percent confidence interval for
the predicted PM concentration at the x value that corresponds to
[Delta]min as a percentage of the emission limit (CI%) using
Equation 11-28:
[GRAPHIC] [TIFF OMITTED] TP08AU05.063
Where:
CI = the half range of the 95 percent confidence interval for the
predicted PM concentration at the x value that corresponds to
[Delta]min, and
EL = PM emission limit, as described in section 13.2.
(iii) Calculate the tolerance interval half range (TI) for the
predicted PM concentration at the x value that corresponds to
[Delta]min, as indicated in Equation 11-29 for the
polynomial correlation, using Equations 11-30 and 11-31:
[GRAPHIC] [TIFF OMITTED] TP08AU05.064
Where:
[GRAPHIC] [TIFF OMITTED] TP08AU05.065
[GRAPHIC] [TIFF OMITTED] TP08AU05.066
un, = the value indicated in Table 1 for df = (n' - 3), and
vdf = the value indicated in Table 1 for df = (n' - 3).
Calculate the tolerance interval half range for the predicted PM
concentration at the x value that corresponds to [Delta]min
as a percentage of the emission limit (TI%) using Equation 11-32:
[GRAPHIC] [TIFF OMITTED] TP08AU05.067
Where:
TI = the tolerance interval half range for the predicted PM
concentration at the x value that corresponds to [Delta]min,
and
EL = PM emission limit, as described in section 13.2.
(iv) Calculate the polynomial correlation coefficient (r) using
Equation 11-33:
[GRAPHIC] [TIFF OMITTED] TP08AU05.068
Where:
SP = as calculated using Equation 11-26, and
Sy = as calculated using Equation 11-15.
* * * * *
(4) How do I evaluate an exponential correlation for my correlation
test data? To evaluate an exponential correlation, which has the form
indicated by Equation 11-37, follow the procedures described in
paragraphs (4)(i) through (v) of this section:
[GRAPHIC] [TIFF OMITTED] TP08AU05.069
(i) Perform a logarithmic transformation of each PM concentration
measurement (y values) using Equation 11-38:
[GRAPHIC] [TIFF OMITTED] TP08AU05.070
Where:
y'i = is the transformed value of yi, and
Ln(yi) = the natural logarithm of the PM concentration
measurement for run i.
(ii) Using the values for y'i in place of the values for
yi, perform the same procedures used to develop the linear
correlation equation described in paragraph (1)(i) of this section. The
resulting equation will have the form indicated by Equation 11-39.
[GRAPHIC] [TIFF OMITTED] TP08AU05.071
Where:
[ycirc]' = the predicted log PM concentration value,
b'0 = the natural logarithm of b0, and the variables b0, b1,
and x are as defined in paragraph (1)(i) of this section.
[[Page 45617]]
(iii) Using the values for y'i in place of the values for yi,
calculate the half range of the 95 percent confidence interval (CI'),
as described in paragraph (1)(ii) of this section for CI. Note that CI'
is on the log scale. Next, calculate the upper and lower 95 percent
confidence limits for the mean value y' using Equations 11-40 and 11-
41:
[GRAPHIC] [TIFF OMITTED] TP08AU05.072
[GRAPHIC] [TIFF OMITTED] TP08AU05.073
Where:
LCL' = the lower 95 percent confidence limit for the mean value y',
UCL = the upper 95 percent confidence limit for the mean value y',
y' = the mean value of the log-transformed PM concentrations, and
CI' = the half range of the 95 percent confidence interval for the
predicted PM concentration ([ycirc]'), as calculated in Equation 11-8.
Calculate the half range of the 95 percent confidence interval (CI)
on the original PM concentration scale using Equation 11-42:
[GRAPHIC] [TIFF OMITTED] TP08AU05.074
Where:
CI = the half range of the 95 percent confidence interval on the
original PM concentration scale, and UCL' and LCL' are as defined
previously.
Calculate the half range of the 95 percent confidence interval for
the predicted PM concentration corresponding to the mean value of x as
a percentage of the emission limit (CI%) using Equation 11-10.
(iv) Using the values for y'i in place of the values for
yi, calculate the half range tolerance interval (TI'), as
described in paragraph (1)(iii) of this section for TI. Note that TI'
is on the log scale. Next, calculate the half range tolerance limits
for the mean value y' using Equations 11-43 and 11-44:
[GRAPHIC] [TIFF OMITTED] TP08AU05.075
[GRAPHIC] [TIFF OMITTED] TP08AU05.076
Where:
LTL' = the lower 95 percent tolerance limit for the mean value y',
UTL' = the upper 95 percent tolerance limit for the mean value y',
y' = the mean value of the log-transformed PM concentrations, and
TI' = the half range of the 95 percent tolerance interval for the
predicted PM concentration ([ycirc]'), as calculated in Equation 11-11.
Calculate the half range tolerance interval (TI) on the original PM
concentration scale using Equation 11-45:
[GRAPHIC] [TIFF OMITTED] TP08AU05.077
TI = the half range of the 95 percent tolerance interval on the
original PM scale, and UTL' and LTL' are as defined previously.
Calculate the tolerance interval half range for the predicted PM
concentration corresponding to the mean value of x as a percentage of
the emission limit (TI%) using Equation 11-13.
(v) Using the values for y'i in place of the values for yi,
calculate the correlation coefficient (r) using the procedure described
in paragraph (1)(iv) of this section.
(5) How do I evaluate a power correlation for my correlation test
data? To evaluate a power correlation, which has the form indicated by
Equation 11-46, follow the procedures described in paragraphs (5)(i)
through (v) of this section.
[GRAPHIC] [TIFF OMITTED] TP08AU05.078
(i) Perform logarithmic transformations of each PM CEMS response (x
values) and each PM concentration measurement (y values) using
Equations 11-35 and 11-38, respectively.
(ii) Using the values for x'i in place of the values for xi, and
the values for y'i in place of the values for yi, perform the same
procedures used to develop the linear correlation equation described in
paragraph (1)(i) of this section. The resulting equation will have the
form indicated by Equation 11-47:
[GRAPHIC] [TIFF OMITTED] TP08AU05.079
Where:
[ycirc]' = the predicted log PM concentration value, and
x' = the natural logarithm of the PM CEMS response values,
b'0 = the natural logarithm of b0, and the variables b0, b1,
and x are as defined in paragraph (1)(i) of this section.
(iii) Using the same procedure described for exponential models in
paragraph (4)(iii) of this section, calculate the half range of the 95
percent confidence interval for the predicted PM concentration
corresponding to the mean value of x' as a percentage of the emission
limit.
(iv) Using the same procedure described for exponential models in
paragraph (4)(iv) of this section, calculate the tolerance interval
half range for the predicted PM concentration corresponding to the mean
value of x' as a percentage of the emission limit.
(v) Using the values for y'i in place of the values for yi,
calculate the correlation coefficient (r) using the procedure described
in paragraph (1)(iv) of this section.
Note: PS-11 does not address the application of correlation
equations to calculate PM emission concentrations using PM CEMS
response data during normal operations of a PM CEMS. However, we
will provide guidance on the use of specific correlation models
(i.e., logarithmic, exponential, and power models) to calculate PM
concentrations in an operating PM CEMS in situations when the PM
CEMS response values are equal to or less than zero, and the
correlation model is undefined.
* * * * *
12.4 What correlation model should I use?
* * * * *
(3) * * *
(ii) Calculate the minimum value using Equation 11-48.
[GRAPHIC] [TIFF OMITTED] TP08AU05.080
* * * * *
13.2 What performance criteria must my PM CEMS correlation satisfy?
* * * * *
(2) The confidence interval half range must satisfy the applicable
criterion specified in paragraph (2)(i), (ii), or (iii) of this
section, based on the type of correlation model.
(i) For linear or logarithmic correlations, the 95 percent
confidence interval half range at the mean PM CEMS response value from
the correlation test must be within 10
[[Page 45618]]
percent of the PM emission limit value specified in the applicable
regulation. Therefore, the CI% calculated using Equation 11-10 must be
less than or equal to 10 percent.
(ii) For polynomial correlations, the 95 percent confidence
interval half range at the PM CEMS response value from the correlation
test that corresponds to the minimum value for [Delta] must be within
10 percent of the PM emission limit value specified in the applicable
regulation. Therefore, the CI% calculated using Equation 11-28 must be
less than or equal to 10 percent.
(iii) For exponential or power correlations, the 95 percent
confidence interval half range at the mean of the logarithm of the PM
CEMS response values from the correlation test must be within 10
percent of the PM emission limit value specified in the applicable
regulation. Therefore, the CI% calculated using Equation 11-10 must be
less than or equal to 10 percent.
* * * * *
(3) The tolerance interval half range must satisfy the applicable
criterion specified in paragraph (3)(i), (ii), or (iii) of this
section, based on the type of correlation model.
(i) For linear or logarithmic correlations, the half range
tolerance interval with 95 percent confidence and 75 percent coverage
at the mean PM CEMS response value from the correlation test must be
within 25 percent of the PM emission limit value specified in the
applicable regulation. Therefore, the TI% calculated using Equation 11-
13 must be less than or equal to 25 percent.
(ii) For polynomial correlations, the half range tolerance interval
with 95 percent confidence and 75 percent coverage at the PM CEMS
response value from the correlation test that corresponds to the
minimum value for [Delta] must be within 25 percent of the PM emission
limit value specified in the applicable regulation. Therefore, the TI%
calculated using Equation 11-32 must be less than or equal to 25
percent.
(iii) For exponential or power correlations, the half range
tolerance interval with 95 percent confidence and 75 percent coverage
at the mean of the logarithm of the PM CEMS response values from the
correlation test must be within 25 percent of the PM emission limit
value specified in the applicable regulation. Therefore, the TI%
calculated using Equation 11-13 must be less than or equal to 25
percent.
* * * * *
16.0 Which references are relevant to this performance
specification?
* * * * *
16.8 Snedecor, George W. and Cochran, William G. (1989),
Statistical Methods, Eighth Edition, Iowa State University Press.
16.9 Wallis, W.A. (1951) ``Tolerance Intervals for Linear
Regression,'' in Second Berkeley Symposium on Mathematical Statistics
and Probability, ed. J. Neyman, Berkeley: University of California
Press, pp. 43-51.
17.0 What Reference Tables and Validation Data Are Relevant to PS-11?
* * * * *
Table 1.--Factors for Calculation of Confidence and Tolerance Interval Half Ranges
----------------------------------------------------------------------------------------------------------------
Tolerance interval with 75% coverage and 95%
Student's t, confidence level
df t df -----------------------------------------------
V df (95%) u n, (75%) kT
----------------------------------------------------------------------------------------------------------------
3............................................... 3.182 2.920 1.266 3.697
4............................................... 2.776 2.372 1.247 2.958
5............................................... 2.571 2.089 1.233 2.576
6............................................... 2.447 1.915 1.223 2.342
7............................................... 2.365 1.797 1.214 2.183
8............................................... 2.306 1.711 1.208 2.067
9............................................... 2.262 1.645 1.203 1.979
10.............................................. 2.228 1.593 1.198 1.909
11.............................................. 2.201 1.551 1.195 1.853
12.............................................. 2.179 1.515 1.192 1.806
13.............................................. 2.160 1.485 1.189 1.766
14.............................................. 2.145 1.460 1.186 1.732
15.............................................. 2.131 1.437 1.184 1.702
16.............................................. 2.120 1.418 1.182 1.676
17.............................................. 2.110 1.400 1.181 1.653
18.............................................. 2.101 1.384 1.179 1.633
19.............................................. 2.093 1.370 1.178 1.614
20.............................................. 2.086 1.358 1.177 1.597
21.............................................. 2.080 1.346 1.175 1.582
22.............................................. 2.074 1.335 1.174 1.568
23.............................................. 2.069 1.326 1.173 1.555
24.............................................. 2.064 1.316 1.172 1.544
25.............................................. 2.060 1.308 1.172 1.533
26.............................................. 2.056 1.300 1.171 1.522
27.............................................. 2.052 1.293 1.170 1.513
28.............................................. 2.048 1.286 1.170 1.504
29.............................................. 2.045 1.280 1.169 1.496
30.............................................. 2.042 1.274 1.168 1.488
31.............................................. 2.040 1.268 1.168 1.4