Methods for Measurement of Visible Emissions, 55119-55128 [06-7907]

Download as PDF Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations Administrative Procedure Act at 5 U.S.C. 553(d)(1). The proposed rule was published in the Federal Register (71 FR 13792) on March 17, 2006, with a 60-day period for notice and comment consistent with the requirements of 5 U.S.C. 553(b). List of Subjects in 36 CFR Part 7 National Parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the National Park Service amends 36 CFR part 7 as follows: I PART 7—SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 1. The authority for part 7 continues to read as follows: I Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also issued under D.C. Code 8–137(1981) and D.C. Code 40–721 (1981). 2. Add new paragraph (d) to § 7.51 to read as follows: I § 7.51 Curecanti Recreation Area. * * * * * (d) Personal Watercraft (PWC). PWC may operate within Curecanti National Recreation Area in the following designated areas and under the following conditions: (1) PWC may operate and land on Blue Mesa Reservoir between Beaver Creek and Blue Mesa dam, except that PWC may not operate in the buoyed barricaded section in the vicinity of the dam. (2) PWC must operate at ‘‘flat wake’’ speeds within Blue Mesa Reservoir in the following areas upstream of designated buoys: (i) Soap Creek arm at approximate longitude 107°8′9″ N latitude 38°30′16″ W. (ii) West Elk arm at approximate longitude 107°16′45″ N latitude 38°29′43″ W. (iii) Cebolla arm at approximate longitude 107°12′16″ N latitude 38°27′37″ W. (iv) Lake Fork arm at approximate longitude 107°18′19″ N latitude 38°27′2″ W. (3) PWC must operate at ‘‘flat wake’’ speeds in the following areas: (i) Within 100’ of shoreline inside Dry Creek cove. (ii) Within 500’ of shoreline along old highway 50 and Bay of Chickens. (iii) Within the buoyed area around Elk Creek and Lake Fork marinas. (iv) Within the buoyed area at Iola, Stevens Creek, and Ponderosa boat launch. (v) From Lake city bridge east to Beaver Creek. (vi) Within 100′ of shoreline adjacent to Stevens Creek campground. (4) PWC may only be launched from designated boat launch sites. (5) The Superintendent may temporarily limit, restrict or terminate access to the areas designated for PWC use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 06–7846 Filed 9–20–06; 8:45 am] BILLING CODE 4312–52–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 60 [EPA–OAR–2004–0510; FRL–8221–4] RIN 2060–AF83 Methods for Measurement of Visible Emissions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: This action finalizes Methods 203A, 203B, and 203C for determining visible emissions using data reduction procedures that are more appropriate for State Implementation Plan (SIP) rules than Method 9, the method currently used. This action was requested by the States and is needed for the special data reduction requirements in their rules. The intended effect is to provide States 55119 with an expanded array of data reduction procedures for determining compliance with their SIP opacity regulations. In addition, this action amends various testing provisions in the New Source Performance Standards (NSPS) to correct inadvertent errors and amend a testing provision. DATES: This final rule is effective on September 21, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID No. OAR–2004–0510. All documents in the docket are listed on the https:// www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at the Air and Radiation Docket, Docket ID No. OAR–2004–0510, EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room 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, and the telephone number for the Air and Radiation Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Robin Segall, Measurement Technology Group (E143–02), Air Quality Assessment Division, EPA, Research Triangle Park, North Carolina 27711; telephone (919) 541–0893; fax number (919) 541–0516; electronic mail address: segall.robin@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? Categories and entities potentially regulated by the final rule include the following: TABLE 1.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION rmajette on PROD1PC67 with RULES1 Examples of regulated entities SIC codes Fossil Fuel Steam Generators ................................................................................................................................. Industrial, Commercial, Institutional Steam Generating Units ................................................................................. Electric Generating .................................................................................................................................................. Portland Cement Plants ........................................................................................................................................... Petroleum Refineries ............................................................................................................................................... Hot Mix Asphalt Facilities ........................................................................................................................................ Kraft Pulp Mills ......................................................................................................................................................... Municipal Solid Waste ............................................................................................................................................. VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\21SER1.SGM 21SER1 4931 4961 4911 3241 2911 2951 2611 4953 NAICS codes 221112 22133 221119 327310 324110 324121 3221 562213 55120 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations TABLE 1.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION—Continued Examples of regulated entities SIC codes Secondary Lead Smelters ....................................................................................................................................... Secondary Brass and Bronze Production Plants .................................................................................................... Basic Oxidation Process Furnaces ......................................................................................................................... Sewage Treatment Plants ....................................................................................................................................... Coal Preparation Plants ........................................................................................................................................... Ferroalloy Production Facilities ............................................................................................................................... Electric Arc Furnaces .............................................................................................................................................. Glass Manufacturing Plants ..................................................................................................................................... Grain Elevators ........................................................................................................................................................ Lime Manufacturing Plants ...................................................................................................................................... Metallic Mineral Processing Plants .......................................................................................................................... Non-Metallic Mineral Processing Plants .................................................................................................................. Phosphate Rock Plants ........................................................................................................................................... Ammonium Sulfate Manufacturing Facilities ........................................................................................................... Asphalt Processing .................................................................................................................................................. Asphalt Roofing Manufacturing ............................................................................................................................... Calciners and Dryers in Mineral Industries ............................................................................................................. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. This table lists examples of the types of entities EPA is now aware could potentially be affected by the final rule. Other types of entities not listed could also be affected. 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 access electronic copies of this document and other related information? In addition to being available in the docket, an electronic copy of today’s final rule will also be available on the Worldwide Web (WWW) through the Technology Transfer Network (TTN). Following the Administrator’s signature, a copy of the final rule will be placed on the TTN’s policy and guidance page for newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various areas of air pollution control. rmajette on PROD1PC67 with RULES1 C. Judicial Review Under Section 307(b)(1) of the Clean Air Act (CAA), judicial review of the final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by November 20, 2006. Under Section 307(d)(7)(B) of the CAA, only an objection to the final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Under CAA section 307(b)(2), the requirements established by the final rule may not be challenged later in civil VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 or criminal proceedings brought by EPA to enforce these requirements. D. Outline The information presented in this preamble is organized as follows: I. General Information A. Does this action apply to me? B. How can I access electronic copies of this document and other related information? C. Judicial Review D. Outline II. Background and Summary of Proposed Rule III. Response to Comments A. Stringency of Current Standards Not Affected B. Four Readings Not a Reliable Data Sample IV. Changes to the Proposed Rule A. Performance Results Added to the Methods B. 15-Second Interval Option Removed From Method 203C V. Summary of Amendments to the NSPS A. Petroleum Refineries (Subpart J) B. Kraft Pulp Mills (Subpart BB) C. Municipal Solid Waste Landfills (Subpart WWW) D. Performance Specification 2, Appendix B of Part 60 VI. 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 and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 NAICS codes 3341 3351 3312 4952 1221 3313 3312 3211 0111 2812 1011 1411 1475 2873 2952 2952 1479 331492 331421 331111 221320 212111 331112 331111 327211 111141 325181 212210 212311 212392 325311 3244122 324122 212393 Minority Populations and Low-Income Populations K. Congressional Review Act II. Background and Summary of Proposed Rule In 1974, Method 9 of Appendix A to 40 CFR part 60 was revised. In the preamble to that rule, we recognized that the Method 9 data reduction techniques were not appropriate for some types of State implementation plan (SIP) opacity regulations. The preamble also stated the Agency’s intent to propose procedures to enforce SIP limitations that were not adequately addressed by Method 9. Such SIP limitations included those with timeexception provisions (a specified number of minutes in an hour in which the opacity limit may be exceeded), as well as those that specify averaging times other than the 6 minutes advocated by Method 9. Also, Method 9 did not address data reduction procedures for instantaneous opacity limitations which are included in some SIP. In order to provide appropriate data reduction procedures for opacity limits that differ from Method 9, we proposed new test procedures for evaluating compliance with opacity standards in 1986. The 1986 proposal contained field and observer certification procedures identical to those of Method 9, the only difference being the data reduction procedures for determining compliance with SIP regulations that contained time-exception, time-averaged, and instantaneous limitations. The 1986 proposal indicated that we would select the visible emission test method and data reduction procedures that best ensured enforcement of the SIP opacity standard in a manner consistent with the original language in the federally- E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations approved or promulgated SIP. We also proposed procedures for analyzing fugitive dust. Between this 1986 proposal and the proposal of Methods 203A, B, and C in 1993, technical work continued in several areas. We completed a collaborative study of the effect of shorter observation intervals, and we developed several implementation tools, including a revised sample visible emissions observation (VEO) form to assist States in specifying the appropriate test method for the opacity limit proposed in the SIP or SIP revision. The proposal of Methods 203A, B, and C divided the procedures proposed in 1986 into three distinct methods, allowing a State to specify the exact data reduction procedures to be used in compliance determinations. The three methods incorporated the certification procedures for observers from Method 9 without change. The only procedural differences between Methods 203A, B, and C and Method 9 are in the provisions for recording observations and data reduction. Since the 1993 proposal of Methods 203A, B, and C, we are not aware of any new methods or changes to existing methods that would lead to substantial changes in our approach. Therefore, with one exception, we believe it is appropriate to complete this action with the changes noted in the preamble. We are not taking final action at this time with regard to procedures for fugitive dust. III. Responses to Comments rmajette on PROD1PC67 with RULES1 A. Stringency of Current Standards Not Affected The most frequent comment concerned the possibility of current regulations being affected by these new methods. Examples of these concerns are: (1) Method 203B would increase the stringency of current time-exception regulations, (2) Methods 203A, B, and C would displace Tennessee’s four federally approved visible emission methods, and (3) decreasing the averaging time demands an increase in the level of the standard. Methods 203A, B, and C are not retroactive; they do not apply to existing regulations. Methods 203A, 203B, and 203C are example methods for States to use in developing their SIP regulations. The addition of these methods to Appendix M of Part 51 will increase the number of opacity methods available to the State and will not affect the stringency of any existing standard. A comment regarding the data reduction procedures of Method 203B VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 expressed a similar concern. Some current time-exception methods count the number of 1-minute averages that are over the maximum opacity specified. The sum of 1-minute averages must not exceed the number of exception-minutes specified in the applicable standard. Method 203B contains slightly different data reduction procedures in which the readings are not averaged, but each reading is viewed as a 15-second block of time. The number of readings above the specified opacity limit is multiplied by 0.25 resulting in the total number of minutes during which the maximum opacity level is exceeded. Method 203B is a slightly more stringent procedure than summing 1-minute averages. As mentioned above, Methods 203A, B, and C are not retroactive and the stringency of visible emission procedures need to be taken into account when the new or revised emission limits are developed. B. Four Readings Not a Reliable Data Sample We proposed two options when using Method 203C: Averaging four 15-second readings or averaging twelve 5-second readings. One commenter stated that four 15-second readings were not sufficient for Method 203C. Upon further review and examination of the data, we agree with the commenter and have eliminated the four 15-second reading option. Only the second option, averaging twelve 5-second readings, is prescribed in Method 203C. We also received comments on the proposed procedures for fugitive dust. However, because we are not taking final action on these procedures at this time, we are not responding to the comments here. IV. Changes to Proposed Methods 203A, B, and C A. Performance Results Added to the Methods The error associated with each method has been summarized from various field studies and is presented in Section 13 of each method. B. 15-Second Interval Option Removed From Method 203C The proposed option to use four 15second readings for instantaneous limitation regulations has been removed from Method 203C. Twelve 5-second readings will be used when Method 203C is specified for instantaneous regulations. V. Summary of Amendments to the NSPS Technical amendments are being made to 40 CFR Part 60 to correct PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 55121 existing errors in Subparts J, BB, and Appendix B and to amend a testing requirement in Subpart WWW. These technical amendments were proposed in the Federal Register on August 5, 2005 (70 FR 45608). No comments were received from the public concerning these amendments. A. Petroleum Refineries (Subpart J) In § 60.106(b)(3) of the petroleum refinery NSPS, the equation for determining the coke burn-off rate is being corrected. B. Kraft Pulp Mills (Subpart BB) In § 60.284 of the kraft pulp mills NSPS, an inadvertent paragraph requiring that continuous emission monitors be subject to the quality assurance provisions of Appendix F is being deleted. C. Municipal Solid Waste Landfills (Subpart WWW) In § 60.752(b)(2)(iii)(A) of the municipal solid waste landfill NSPS, open flares are required to comply with the general flare provisions of § 60.18. In these provisions, the heat content of the flare gas is determined from an analysis of its organic compound and hydrogen content using Methods 18 and ASTM D1946, respectively. Methane is the primary organic compound of significance in landfill gas, and hydrogen is not likely to be present. Method 3C is easier to use than Method 18 and has a more appropriate measurement range for the methane levels encountered at landfills. In addition, Method 3C determines oxygen and nitrogen which are needed to determine the flare gas exit velocity. In the past, sources have requested and received permission to used Method 3C in place of Methods 18 and ASTM D1946 under this rule. This amendment makes Method 3C the required test method for methane and removes the requirement to measure hydrogen by ASTM D1946. D. Performance Specification 2, Appendix B of Part 60 In Performance Specification 2, an inadvertent omission in an October 17, 2000 amendment removed an allowance for low-emitters when conducting relative accuracy tests. This amendment reinstates the allowance. VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735 October 4, 1993), the Agency must determine whether the regulatory E:\FR\FM\21SER1.SGM 21SER1 55122 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations rmajette on PROD1PC67 with RULES1 action is ‘‘significant’’ and therefore subject to OMB review and the requirements of the 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 affect 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 interfere 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. The new test methods do not add information collection requirements beyond what is currently mandated. 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 VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 control number. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR Part 9. C. Regulatory Flexibility Act EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in connection with this final rule. 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 include those listed in Table 1 of SUPPLEMENTARY INFORMATION. After considering the economic impacts of today’s final rule on small entities, we have concluded that this action will not have a significant economic impact on a substantial number of small entities. This final rule will not impose any requirements on small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104–4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with ‘‘Federal mandates’’ that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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. EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. This rule simply makes available alternative data reduction procedures that States can use at their discretion under their SIP opacity regulations. 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, Executive Order 13132 does not apply to this rule. E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations 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.’’ This final rule does not have tribal implications as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. In this final rule, we are simply adding test methods at the request of the States to increase the flexibility in testing for opacity of emissions. 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: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045 because it is based on technology performance and not on health or safety risks. rmajette on PROD1PC67 with RULES1 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 not a significant regulatory action under Executive Order 12866. VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104– 113, 12(d) (15 U.S.C. 272), directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, business practices, etc.) that are developed or adopted by VCS bodies. The NTTAA requires EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. During this rulemaking, we identified no VCS that might be applicable. Specifically, there were none that addressed opacity data reduction provisions differently than what currently exists in Method 9 of 40 CFR Part 60, Appendix A. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 55123 List of Subjects in 40 CFR Parts 51 and 60 Administrative practice and procedure, Air pollution control, Carbon monoxide, Continuous emission monitors, Environmental protection, Intergovernmental relations, Lead, New sources, Nitrogen dioxide, Ozone, Particulate matter, Performance specifications, Reporting and recordkeeping requirements, Sulfur oxides, Test methods and procedures, Volatile organic compounds. Dated: September 14, 2006. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows: I PART 51—[AMENDED] 1. The authority citation for part 51 continues to read as follows: I Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 7671q. 2. Appendix M is amended by numerically adding the following method titles at the beginning of Appendix M and by numerically adding Methods 203A, 203B, and 203C as follows: I Executive Order 12848 (58 FR 7629, February 11, 1994) requires that each Federal agency make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minorities and low-income populations. This rule contains optional test procedures that do not place disproportionate human health or environmental effects of minority or low-income populations. Method 203A—Visual Determination of Opacity of Emissions from Stationary Sources for Time-Averaged Regulations. Method 203B—Visual Determination of Opacity of Emissions from Stationary Sources for Time-Exception Regulations. Method 203C—Visual Determination of Opacity of Emissions from Stationary Sources for Instantaneous Regulations. K. Congressional Review Act * The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after its publication in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective. Method 203A—Visual Determination of Opacity of Emissions from Stationary Sources for Time-Averaged Regulations PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 Appendix M to Part 51—Recommended Test Methods for State Implementation Plans * * * * * * * * * 1.0 Scope and Application What is Method 203A? Method 203A is an example test method suitable for State Implementation Plans (SIP) and is applicable to the determination of the opacity of emissions from sources of visible emissions for time-averaged regulations. A time-averaged regulation is any regulation that requires averaging visible emission data to determine the opacity of visible emissions over a specific time period. Method 203A is virtually identical to EPA’s Method 9 of 40 CFR Part 60, Appendix A, except for the data-reduction procedures, which provide for averaging times other than 6 minutes. Therefore, using Method 203A with a 6-minute averaging time would be the same as following EPA Method 9. The certification procedures for this method are E:\FR\FM\21SER1.SGM 21SER1 55124 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations identical to those provided in Method 9 and are provided here, in full, for clarity and convenience. An example visible emission observation form and instructions for its use can be found in reference 7 of Section 17 of Method 9. 2.0 Summary of Method The opacity of emissions from sources of visible emissions is determined visually by an observer certified according to the procedures in Section 10 of this method. Readings taken every 15 seconds are averaged over a time period specified in the applicable regulation ranging from 2 minutes to 6 minutes. 3.0 Definitions [Reserved] 4.0 Interferences [Reserved] 5.0 Safety [Reserved] 6.0 Equipment and Supplies rmajette on PROD1PC67 with RULES1 What equipment and supplies are needed? 6.1 Stop Watch. Two watches are required that provide a continuous display of time to the nearest second. 6.2 Compass (optional). A compass is useful for determining the direction of the emission point from the spot where the visible emissions (VE) observer stands and for determining the wind direction at the source. For accurate readings, the compass should be magnetic with resolution better than 10 degrees. It is suggested that the compass be jewel-mounted and liquid-filled to dampen the needle swing; map reading compasses are excellent. 6.3 Range Finder (optional). Range finders determine distances from the observer to the emission point. The instrument should measure a distance of 1000 meters with a minimum accuracy of ±10 percent. 6.4 Abney Level (optional). This device for determining the vertical viewing angle should measure within 5 degrees. 6.5 Sling Psychrometer (optional). In case of the formation of a steam plume, a wet- and dry-bulb thermometer, accurate to 0.5 °C, are mounted on a sturdy assembly and swung rapidly in the air in order to determine the relative humidity. 6.6 Binoculars (optional). Binoculars are recommended to help identify stacks and to characterize the plume. An 8 x 50 or 10 x 50 magnification, color-corrected coated lenses and rectilinear field of view is recommended. 6.7 Camera (optional). A camera is often used to document the emissions before and after the actual opacity determination. 6.8 Safety Equipment. The following safety equipment, which should be approved by the Occupational Safety and Health Association (OSHA), is recommended: orange or yellow hard hat, eye and ear protection, and steel-toed safety boots. 6.9 Clipboard and Accessories (optional). A clipboard, several ball-point pens (black ink recommended), a rubber band, and several visible emission observation forms facilitate documentation. VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 7.0 Reagents and Standards (Reserved] 8.0 Sample Collection, Preservation, Storage, and Transport What is the Test Procedure? An observer qualified in accordance with Section 10 of this method must use the following procedures to visually determine the opacity of emissions from stationary sources. 8.1 Procedure for Emissions from Stacks. These procedures are applicable for visually determining the opacity of stack emissions by a qualified observer. 8.1.1 Position. You must stand at a distance sufficient to provide a clear view of the emissions with the sun oriented in the 140-degree sector to your back. Consistent with maintaining the above requirement as much as possible, you must make opacity observations from a position such that the line of vision is approximately perpendicular to the plume direction, and when observing opacity of emissions from rectangular outlets (e.g., roof monitors, open baghouses, noncircular stacks), approximately perpendicular to the longer axis of the outlet. You should not include more than one plume in the line of sight at a time when multiple plumes are involved and, in any case, make opacity observations with the line of sight perpendicular to the longer axis of such a set of multiple stacks (e.g., stub stacks on baghouses). 8.1.2 Field Records. You must record the name of the plant, emission location, type of facility, observer’s name and affiliation, a sketch of the observer’s position relative to the source, and the date on a field data sheet. An example visible emission observation form can be found in reference 7 of Section 17 of this method. You must record the time, estimated distance to the emission location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), and plume background on the field data sheet at the time opacity readings are initiated and completed. 8.1.3 Observations. You must make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. Do not look continuously at the plume but, instead, observe the plume momentarily at 15-second intervals. 8.1.3.1 Attached Steam Plumes. When condensed water vapor is present within the plume as it emerges from the emission outlet, you must make opacity observations beyond the point in the plume at which condensed water vapor is no longer visible. You must record the approximate distance from the emission outlet to the point in the plume at which the observations are made. 8.1.3.2 Detached Steam Plumes. When water vapor in the plume condenses and becomes visible at a distinct distance from the emission outlet, you must make the opacity observation at the emission outlet prior to the condensation of water vapor and the formation of the steam plume. 8.2 Recording Observations. You must record the opacity observations to the nearest 5 percent every 15 seconds on an observational record sheet such as the example visible emission observation form in PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 reference 7 of Section 17 of this method. Each observation recorded represents the average opacity of emissions for a 15-second period. The overall length of time for which observations are recorded must be appropriate to the averaging time specified in the applicable regulation. 9.0 Quality Control [Reserved] 10.0 Calibration and Standardization 10.1 What are the Certification Requirements? To receive certification as a qualified observer, you must be trained and knowledgeable on the procedures in Section 8.0 of this method, be tested and demonstrate the ability to assign opacity readings in 5 percent increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15 percent opacity on any one reading and an average error not to exceed 7.5 percent opacity in each category. You must be tested according to the procedures described in Section 10.2 of this method. Any smoke generator used pursuant to Section 10.2 of this method must be equipped with a smoke meter which meets the requirements of Section 10.3 of this method. Certification tests that do not meet the requirements of Sections 10.2 and 10.3 of this method are not valid. The certification must be valid for a period of 6 months, and after each 6-month period, the qualification procedures must be repeated by an observer in order to retain certification. 10.2 What is the Certification Procedure? The certification test consists of showing the candidate a complete run of 50 plumes, 25 black plumes and 25 white plumes, generated by a smoke generator. Plumes must be presented in random order within each set of 25 black and 25 white plumes. The candidate assigns an opacity value to each plume and records the observation on a suitable form. At the completion of each run of 50 readings, the score of the candidate is determined. If a candidate fails to qualify, the complete run of 50 readings must be repeated in any retest. The smoke test may be administered as part of a smoke school or training program, and may be preceded by training or familiarization runs of the smoke generator during which candidates are shown black and white plumes of known opacity. 10.3 Smoke Generator. 10.3.1 What are the Smoke Generator Specifications? Any smoke generator used for the purpose of Section 10.2 of this method must be equipped with a smoke meter installed to measure opacity across the diameter of the smoke generator stack. The smoke meter output must display in-stack opacity, based upon a path length equal to the stack exit diameter on a full 0 to 100 percent chart recorder scale. The smoke meter optical design and performance must meet the specifications shown in Table 203A–1 of this method. The smoke meter must be calibrated as prescribed in Section 10.3.2 of this method prior to conducting each smoke reading test. At the completion of each test, the zero and span drift must be checked and, if the drift exceeds ± 1 percent opacity, the condition must be corrected prior to conducting any subsequent test runs. The smoke meter must be demonstrated at E:\FR\FM\21SER1.SGM 21SER1 rmajette on PROD1PC67 with RULES1 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations the time of installation to meet the specifications listed in Table 203A–1 of this method. This demonstration must be repeated following any subsequent repair or replacement of the photocell or associated electronic circuitry including the chart recorder or output meter, or every 6 months, whichever occurs first. 10.3.2 How is the Smoke Meter Calibrated? The smoke meter is calibrated after allowing a minimum of 30 minutes warm-up by alternately producing simulated opacity of 0 percent and 100 percent. When a stable response at 0 percent or 100 percent is noted, the smoke meter is adjusted to produce an output of 0 percent or 100 percent, as appropriate. This calibration must be repeated until stable 0 percent and 100 percent readings are produced without adjustment. Simulated 0 percent and 100 percent opacity values may be produced by alternately switching the power to the light source on and off while the smoke generator is not producing smoke. 10.3.3 How is the Smoke Meter Evaluated? The smoke meter design and performance are to be evaluated as follows: 10.3.3.1 Light Source. You must verify from manufacturer’s data and from voltage measurements made at the lamp, as installed, that the lamp is operated within 5 percent of the nominal rated voltage. 10.3.3.2 Spectral Response of the Photocell. You must verify from manufacturer’s data that the photocell has a photopic response; i.e., the spectral sensitivity of the cell must closely approximate the standard spectral-luminosity curve for photopic vision which is referenced in (b) of Table 203A–1 of this method. 10.3.3.3 Angle of View. You must check construction geometry to ensure that the total angle of view of the smoke plume, as seen by the photocell, does not exceed 15 degrees. Calculate the total angle of view as follows: jv = 2 tan-1 (d/2L) Where: jv = Total angle of view d = The photocell diameter + the diameter of the limiting aperture L = Distance from the photocell to the limiting aperture. The limiting aperture is the point in the path between the photocell and the smoke plume where the angle of view is most restricted. In smoke generator smoke meters, this is normally an orifice plate. 10.3.3.4 Angle of Projection. You must check construction geometry to ensure that the total angle of projection of the lamp on the smoke plume does not exceed 15 degrees. Calculate the total angle of projection as follows: jp = 2 tan-1 (d/2L) Where: jp = Total angle of projection d = The sum of the length of the lamp filament + the diameter of the limiting aperture L = The distance from the lamp to the limiting aperture. VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 10.3.3.5 Calibration Error. Using neutraldensity filters of known opacity, you must check the error between the actual response and the theoretical linear response of the smoke meter. This check is accomplished by first calibrating the smoke meter according to Section 10.3.2 of this method and then inserting a series of three neutral-density filters of nominal opacity of 20, 50, and 75 percent in the smoke meter path length. Use filters calibrated within 2 percent. Care should be taken when inserting the filters to prevent stray light from affecting the meter. Make a total of five non-consecutive readings for each filter. The maximum opacity error on any one reading shall be ±3 percent. 10.3.3.6 Zero and Span Drift. Determine the zero and span drift by calibrating and operating the smoke generator in a normal manner over a 1-hour period. The drift is measured by checking the zero and span at the end of this period. 10.3.3.7 Response Time. Determine the response time by producing the series of five simulated 0 percent and 100 percent opacity values and observing the time required to reach stable response. Opacity values of 0 percent and 100 percent may be simulated by alternately switching the power to the light source off and on while the smoke generator is not operating. 11.0 Analytical Procedures [Reserved] 12.0 Data Analysis and Calculations 12.1 Time-Averaged Regulations. A set of observations is composed of an appropriate number of consecutive observations determined by the averaging time specified (i.e., 8 observations for a two minute average). Divide the recorded observations into sets of appropriate time lengths for the specified averaging time. Sets must consist of consecutive observations; however, observations immediately preceding and following interrupted observations shall be deemed consecutive. Sets need not be consecutive in time and in no case shall two sets overlap. For each set of observations, calculate the average opacity by summing the opacity readings taken over the appropriate time period and dividing by the number of readings. For example, for a 2-minute average, eight consecutive readings would be averaged by adding the eight readings and dividing by eight. 13.0 Method Performance 13.1 Time-averaging Performances. The accuracy of test procedures for time-averaged regulations was evaluated through field studies that compare the opacity readings to a transmissometer. Analysis of these data shows that, as the time interval for averaging increases, the positive error decreases. For example, over a 2-minute time period, 90 percent of the results underestimated opacity or overestimated opacity by less than 9.5 percent opacity, while over a 6-minute time period, 90 percent of the data have less than a 7.5 percent positive error. Overall, the field studies demonstrated a negative bias. Over a 2-minute time period, 57 percent of the data PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 55125 have zero or negative error, and over a 6minute time period, 58 percent of the data have zero or negative error. This means that observers are more likely to assign opacity values that are below, rather than above, the actual opacity value. Consequently, a larger percentage of noncompliance periods will be reported as compliant periods rather than compliant periods reported as violations. Table 203A–2 highlights the precision data results from the June 1985 report: ‘‘Opacity Errors for Averaging and Non Averaging Data Reduction and Reporting Techniques.’’ 14.0 Pollution Prevention [Reserved] 15.0 Waste Management [Reserved] 16.0 Alternative Procedures [Reserved] 17.0 References 1. U.S. Environmental Protection Agency. Standards of Performance for New Stationary Sources; Appendix A; Method 9 for Visual Determination of the Opacity of Emissions from Stationary Sources. Final Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office. November 12, 1974. 2. Office of Air and Radiation. ‘‘Quality Assurance Guideline for Visible Emission Training Programs.’’ EPA–600/S4–83–011. Quality Assurance Division. Research Triangle Park, NC. May 1982. 3. Office of Research and Development. ‘‘Method 9—Visible Determination of the Opacity of Emissions from Stationary Sources.’’ February 1984. Quality Assurance Handbook for Air Pollution Measurement Systems. Volume III, Section 3.1.2. Stationary Source Specific Methods. EPA–600–4–77– 027b. August 1977. Office of Research and Development Publications, 26 West Clair Street, Cincinnati, OH. 4. Office of Air Quality Planning and Standards. ‘‘Opacity Error for Averaging and Non-averaging Data Reduction and Reporting Techniques.’’ Final Report–SR–1–6–85. Emission Measurement Branch, Research Triangle Park, NC. June 1985. 5. U.S. Environmental Protection Agency. Preparation, Adoption, and Submittal of State Implementation Plans. Methods for Measurement of PM10 Emissions from Stationary Sources. Final Rule. Federal Register. Washington, DC. U.S. Government Printing Office. Volume 55, No. 74. Pages 14246–14279. April 17, 1990. 6. Office of Air Quality Planning and Standards. ‘‘Collaborative Study of Opacity Observations of Fugitive Emissions from Unpaved Roads by Certified Observers.’’ Emission Measurement Branch, Research Triangle Park, NC. October 1986. 7. Office of Air Quality Planning and Standards. ‘‘Field Data Forms and Instructions for EPA Methods 203A, 203B, and 203C.’’ EPA 455/R–93–005. Stationary Source Compliance Division, Washington, DC, June 1993. 18.0 Tables, Diagrams, Flowcharts, and Validation Data E:\FR\FM\21SER1.SGM 21SER1 55126 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations TABLE 203A–1.—SMOKE METER DESIGN AND PERFORMANCE SPECIFICATIONS Parameter Specification a. Light Source ......................................................................................... b. Spectral response of photocell ............................................................. c. Angle of view ........................................................................................ d. Angle of projection ............................................................................... e. Calibration error .................................................................................... f. Zero and span drift ................................................................................ g. Response time ..................................................................................... Incandescent lamp operated at nominal rated voltage. Photopic (daylight spectral response of the human eye—Citation 3). 15° maximum total angle. 15° maximum total angle. ±3% opacity, maximum. ±1% opacity, 30 minutes 5 seconds. TABLE 203A–2.—PRECISION BETWEEN OBSERVERS: OPACITY AVERAGING Number of observations Averaging period 15-second .................................................................................................................................... 2 minutes ..................................................................................................................................... 3 minutes ..................................................................................................................................... 6 minutes ..................................................................................................................................... Method 203B—Visual Determination of Opacity of Emissions From Stationary Sources for Time-Exception Regulations 1.0 Scope and Application What is Method 203B? Method 203B is an example test method suitable for State Implementation Plans (SIPs) and is applicable to the determination of the opacity of emissions from sources of visible emissions for time-exception regulations. A time-exception regulation means any regulation that allows predefined periods of opacity above the otherwise applicable opacity limit (e.g., allowing exceedances of 20 percent opacity for 3 minutes in 1 hour.) Method 203B is virtually identical to EPA’s Method 9 of 40 CFR part 60, Appendix A, except for the data-reduction procedures, which have been modified to apply to timeexception regulations. The certification procedures for this method are identical to those provided in Method 9. An example of a visible emission observation form and instructions for its use can be found in reference 7 of Section 17 of Method 203A. 2.0 Summary of Method The opacity of emissions from sources of visible emissions is determined visually by a qualified observer. 3.0 Definitions [Reserved] 4.0 Interferences [Reserved] 5.0 Safety [Reserved] 6.0 Equipment and Supplies What equipment and supplies are needed? The same as specified in Section 6.0 of Method 203A. rmajette on PROD1PC67 with RULES1 7.0 Reagents and Standards [Reserved] 8.0 Sample Collection, Preservation, Storage, and Transport What is the Test Procedure? The observer qualified in accordance with Section 10 of Method 203A must use the VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 following procedures for visually determining the opacity of emissions. 8.1 Procedures for Emissions From Stationary Sources. The procedures for emissions from stationary sources are the same as specified in 8.1 of Method 203A. 8.2 Recording Observations. You must record opacity observations to the nearest 5 percent at 15-second intervals on an observational record sheet. Each observation recorded represents the average opacity of emissions for a 15-second period. The overall length of time for which observations are recorded must be appropriate to the applicable regulation. 9.0 Quality Control [Reserved] 10.0 Calibration and Standardization The Calibration and Standardization requirements are the same as specified in Section 10 of Method 203A. 11.0 Analytical Procedures [Reserved] 12.0 Data Analysis and Calculations Data Reduction for Time-Exception Regulations. For a time-exception regulation, reduce opacity observations as follows: Count the number of observations above the applicable standard and multiply that number by 0.25 to determine the minutes of emissions above the target opacity. 13.0 Method Performance 13.1 Time-Exception Regulations. ‘‘Opacity Errors for Averaging and NonAveraging Data Reduction and Reporting Techniques’’ analyzed the time errors associated with false compliance or false non-compliance determinations resulting from a sample of 1110 opacity readings with 6-minute observation periods. The study applied a 20 percent opacity standard. Fiftyone percent of the data showed zero error in time determinations. The standard deviation was 97.5 seconds for the 6-minute time period. 13.1.1 Overall, the study showed a negative bias. Each reading is associated with a 15-second block of time. The readings were multiplied by 15 seconds and the resulting PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 140,250 17,694 11,836 5,954 Standard deviation (% opacity) Amount with <7.5% opacity difference 3.4 2.6 2.4 2.1 87 92 92 93 time spent above the standard was compared to the transmissometer results. The average amount of time that observations deviated from the transmissometer’s determinations was –8.3 seconds. Seventy percent of the time determinations were either correct or underestimated the time of excess emissions. Consequently, a larger percentage of noncompliance periods would be reported as compliant periods rather than compliant periods reported as violations. 13.1.2 Some time-exception regulations reduce the data by averaging over 1-minute periods and then counting those minutes above the standard. This data reduction procedure results in a less stringent standard than determinations resulting from data reduction procedures of Method 203B. 14.0 Pollution Prevention [Reserved] 15.0 Waste Management [Reserved] 16.0 Alternative Procedures [Reserved] 17.0 References The references are the same as specified in Section 17 of Method 203A. 18.0 Tables, Diagrams, Flowcharts, and Validation Data [Reserved] Method 203C—Visual Determination of Opacity of Emissions From Stationary Sources for Instantaneous Limitation Regulations 1.0 Scope and Application What is Method 203C? Method 203C is an example test method suitable for State Implementation Plans (SIPs) and is applicable to the determination of the opacity of emissions from sources of visible emissions for regulations with an instantaneous opacity limitation. An instantaneous opacity limitation is an opacity limit which is never to be exceeded. Method 203C is virtually identical to EPA’s Method 9 of 40 CFR Part 60, Appendix A, except for 5-second reading intervals and the data-reduction procedures, which have been modified for instantaneous limitation regulations. The certification procedures for E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations this method are virtually identical to Method 9. An example visible emission observation form and instructions for its use can be found in reference 7 of Section 17 of Method 203A. 2.0 Summary of Method The opacity of emissions from sources of visible emissions is determined visually by an observer certified according to the procedures in Section 10 of Method 203A. 3.0 Definitions [Reserved] 4.0 Interferences [Reserved] 5.0 Safety [Reserved] 6.0 Equipment and Supplies The equipment and supplies used are the same as Section 6.0 of Method 203A. 7.0 Reagents and Standards [Reserved] 8.0 Sample Collection, Preservation, Storage, and Transport What is the Test Procedure? The qualified observer must use the following procedures for visually determining the opacity of emissions. 8.1 Procedures for Emissions From Stationary Sources. These are the same as Section 8.1 of Method 203A. 8.1.1 Position. Same as Section 8.1.1 of Method 203A. 8.1.2 Field Records. Same as Section 8.1.2 of Method 203A. 8.1.3 Observations. Make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. Do not look continuously at the plume, instead, observe the plume momentarily at 5-second intervals. 8.1.3.1 Attached Steam Plumes. Same as Section 8.1.3.1 of Method 203A. 8.1.3.2 Detached Steam Plumes. Same as Section 8.1.3.2 of Method 203A. 8.2 Recording Observations. You must record opacity observations to the nearest 5 percent at 5-second intervals on an observational record sheet. Each observation recorded represents the average of emissions for the 5-second period. The overall time for which recordings are made must be of a length appropriate to the applicable regulation for which opacity is being measured. 9.0 Quality Control [Reserved] rmajette on PROD1PC67 with RULES1 12.0 Data Analysis and Calculations 12.1 Data Reduction for Instantaneous Limitation Regulations. For an instantaneous limitation regulation, a 1-minute averaging time will be used. You must divide the observations recorded on the record sheet into sets of consecutive observations. A set is composed of the consecutive observations made in 1 minute. Sets need not be consecutive in time, and in no case must two sets overlap. You must reduce opacity observations by dividing the sum of all 15:16 Sep 20, 2006 Jkt 208001 14.0 Pollution Prevention [Reserved] 15.0 Waste Management [Reserved] 16.0 Alternative Procedures [Reserved] 17.0 References The references are the same as references 1–7 in Method 203A in addition to the following: 1. Office of Air Quality Planning and Standards. ‘‘Collaborative Study of Opacity Observations at Five-second Intervals by Certified Observers.’’ Docket A–84–22, IV–A– 2. Emission Measurement Branch, Research Triangle Park, N.C. September 1990. 18.0 Tables, Diagrams, Flowcharts, and Validation Data * * * * * PART 60—[AMENDED] 3. The authority citation for part 60 continues to read as follows: I Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7601, and 7602. 4. Amend § 60.106(b)(3) by revising the equation to read as follows: I Test methods and procedures. * Analytical Procedures [Reserved] VerDate Aug<31>2005 13.0 Method Performance The results of the ‘‘Collaborative Study of Opacity Observations at Five-second Intervals by Certified Observers’’ are almost identical to those of previous studies of Method 9 observations taken at 15-second intervals and indicate that observers can make valid observations at 5-second intervals. The average difference of all observations from the transmissometer values was 8.8 percent opacity, which shows a fairly high negative bias. Underestimating the opacity of the visible emissions is more likely than overestimating the opacity of the emissions. § 60.106 10.0 Calibration and Standardization The calibration and standardization procedures are the same as Section 10 of Method 203A. 11.0 observations recorded in a set by the number of observations recorded in each set. 12.2 Reduce opacity observations by averaging 12 consecutive observations recorded at 5-second intervals. Divide the observations recorded on the record sheet into sets of 12 consecutive observations. For each set of 12 observations, calculate the average by summing the opacity of the 12 observations and dividing this sum by 12. * * * * (b) * * * (3) * * * Rc = K1Qr (%CO2 + %CO) + K2Qa ¥ K3Qr(%CO/2 + %CO2 + %O2) * * * * * I 5. Revise § 60.284(f) to read as follows: § 60.284 Monitoring of emissions and operations. * * * * * (f) The procedures under § 60.13 shall be followed for installation, evaluation, and operation of the continuous monitoring systems required under this PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 55127 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] 6. Revise § 60.752(b)(2)(iii)(A) to read as follows: I § 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 as noted in § 60.754(e); * * * * * § 60.754 [Amended] 7. Amend § 60.754 by adding paragraph (e) to read as follows: I § 60.754 Test Methods and Procedures. * * * * * (e) For the performance test required in § 60.752(b)(2)(iii)(A), the net heating value of the combusted landfill gas as determined in § 60.18(f)(3) is calculated from the concentration of methane in the landfill gas as measured by Method 3C. A minimum of three 30-minute Method 3C samples are determined. The measurement of other organic components, hydrogen, and carbon monoxide is not applicable. Method 3C may be used to determine the landfill gas molecular weight for calculating the flare gas exit velocity under § 60.18(f)(4). I 8. In Appendix A–7, Method 24 is amended by adding Section 6.7 to read as follows: Appendix A–7 to Part 60—Test Methods 19 Through 25E * * * * * 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. * * * * * 9. In Appendix B, Performance Specification 2 is amended by adding a sentence to the end of Section 13.2 to read as follows: I Appendix B to Part 60—Performance Specifications * E:\FR\FM\21SER1.SGM * * 21SER1 * * 55128 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations 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. * * * * * [FR Doc. 06–7907 Filed 9–20–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–7945] Suspension of Community Eligibility Mitigation Division, Federal Emergency Management Agency (FEMA), Department of Homeland Security. ACTION: Final rule. rmajette on PROD1PC67 with RULES1 AGENCY: SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If FEMA receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. EFFECTIVE DATES: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office. FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Division, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase VerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59 et seq. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA’s initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: I PART 64—[AMENDED] 1. The authority citation for part 64 is revised to read as follows: I Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6 [Amended] The tables published under the authority of § 64.6 are amended as follows: I E:\FR\FM\21SER1.SGM 21SER1

Agencies

[Federal Register Volume 71, Number 183 (Thursday, September 21, 2006)]
[Rules and Regulations]
[Pages 55119-55128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7907]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 60

[EPA-OAR-2004-0510; FRL-8221-4]
RIN 2060-AF83


Methods for Measurement of Visible Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes Methods 203A, 203B, and 203C for 
determining visible emissions using data reduction procedures that are 
more appropriate for State Implementation Plan (SIP) rules than Method 
9, the method currently used. This action was requested by the States 
and is needed for the special data reduction requirements in their 
rules. The intended effect is to provide States with an expanded array 
of data reduction procedures for determining compliance with their SIP 
opacity regulations.
    In addition, this action amends various testing provisions in the 
New Source Performance Standards (NSPS) to correct inadvertent errors 
and amend a testing provision.

DATES: This final rule is effective on September 21, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2004-0510. All documents in the docket are listed on the http:/
/www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through https://
www.regulations.gov or in hard copy at the Air and Radiation Docket, 
Docket ID No. OAR-2004-0510, EPA Docket Center (EPA/DC), EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading 
Room 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, and the telephone number for the Air and 
Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Robin Segall, Measurement Technology 
Group (E143-02), Air Quality Assessment Division, EPA, Research 
Triangle Park, North Carolina 27711; telephone (919) 541-0893; fax 
number (919) 541-0516; electronic mail address: segall.robin@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by the final rule 
include the following:

      Table 1.--Major Entities Potentially Affected by This Action
------------------------------------------------------------------------
     Examples of regulated entities          SIC codes      NAICS codes
------------------------------------------------------------------------
Fossil Fuel Steam Generators............            4931          221112
Industrial, Commercial, Institutional               4961           22133
 Steam Generating Units.................
Electric Generating.....................            4911          221119
Portland Cement Plants..................            3241          327310
Petroleum Refineries....................            2911          324110
Hot Mix Asphalt Facilities..............            2951          324121
Kraft Pulp Mills........................            2611            3221
Municipal Solid Waste...................            4953          562213

[[Page 55120]]

 
Secondary Lead Smelters.................            3341          331492
Secondary Brass and Bronze Production               3351          331421
 Plants.................................
Basic Oxidation Process Furnaces........            3312          331111
Sewage Treatment Plants.................            4952          221320
Coal Preparation Plants.................            1221          212111
Ferroalloy Production Facilities........            3313          331112
Electric Arc Furnaces...................            3312          331111
Glass Manufacturing Plants..............            3211          327211
Grain Elevators.........................            0111          111141
Lime Manufacturing Plants...............            2812          325181
Metallic Mineral Processing Plants......            1011          212210
Non-Metallic Mineral Processing Plants..            1411          212311
Phosphate Rock Plants...................            1475          212392
Ammonium Sulfate Manufacturing                      2873          325311
 Facilities.............................
Asphalt Processing......................            2952         3244122
Asphalt Roofing Manufacturing...........            2952          324122
Calciners and Dryers in Mineral                     1479          212393
 Industries.............................
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. This table lists examples of the types of entities EPA is now 
aware could potentially be affected by the final rule. Other types of 
entities not listed could also be affected. 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 access electronic copies of this document and other 
related information?

    In addition to being available in the docket, an electronic copy of 
today's final rule will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the final rule will be placed on 
the TTN's policy and guidance page for newly proposed or promulgated 
rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.

C. Judicial Review

    Under Section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of the final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit by 
November 20, 2006. Under Section 307(d)(7)(B) of the CAA, only an 
objection to the final rule that was raised with reasonable specificity 
during the period for public comment can be raised during judicial 
review. Under CAA section 307(b)(2), the requirements established by 
the final rule may not be challenged later in civil or criminal 
proceedings brought by EPA to enforce these requirements.

D. Outline

    The information presented in this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. How can I access electronic copies of this document and other 
related information?
    C. Judicial Review
    D. Outline
II. Background and Summary of Proposed Rule
III. Response to Comments
    A. Stringency of Current Standards Not Affected
    B. Four Readings Not a Reliable Data Sample
IV. Changes to the Proposed Rule
    A. Performance Results Added to the Methods
    B. 15-Second Interval Option Removed From Method 203C
V. Summary of Amendments to the NSPS
    A. Petroleum Refineries (Subpart J)
    B. Kraft Pulp Mills (Subpart BB)
    C. Municipal Solid Waste Landfills (Subpart WWW)
    D. Performance Specification 2, Appendix B of Part 60
VI. 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 and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

II. Background and Summary of Proposed Rule

    In 1974, Method 9 of Appendix A to 40 CFR part 60 was revised. In 
the preamble to that rule, we recognized that the Method 9 data 
reduction techniques were not appropriate for some types of State 
implementation plan (SIP) opacity regulations. The preamble also stated 
the Agency's intent to propose procedures to enforce SIP limitations 
that were not adequately addressed by Method 9. Such SIP limitations 
included those with time-exception provisions (a specified number of 
minutes in an hour in which the opacity limit may be exceeded), as well 
as those that specify averaging times other than the 6 minutes 
advocated by Method 9. Also, Method 9 did not address data reduction 
procedures for instantaneous opacity limitations which are included in 
some SIP. In order to provide appropriate data reduction procedures for 
opacity limits that differ from Method 9, we proposed new test 
procedures for evaluating compliance with opacity standards in 1986.
    The 1986 proposal contained field and observer certification 
procedures identical to those of Method 9, the only difference being 
the data reduction procedures for determining compliance with SIP 
regulations that contained time-exception, time-averaged, and 
instantaneous limitations. The 1986 proposal indicated that we would 
select the visible emission test method and data reduction procedures 
that best ensured enforcement of the SIP opacity standard in a manner 
consistent with the original language in the federally-

[[Page 55121]]

approved or promulgated SIP. We also proposed procedures for analyzing 
fugitive dust.
    Between this 1986 proposal and the proposal of Methods 203A, B, and 
C in 1993, technical work continued in several areas. We completed a 
collaborative study of the effect of shorter observation intervals, and 
we developed several implementation tools, including a revised sample 
visible emissions observation (VEO) form to assist States in specifying 
the appropriate test method for the opacity limit proposed in the SIP 
or SIP revision.
    The proposal of Methods 203A, B, and C divided the procedures 
proposed in 1986 into three distinct methods, allowing a State to 
specify the exact data reduction procedures to be used in compliance 
determinations. The three methods incorporated the certification 
procedures for observers from Method 9 without change. The only 
procedural differences between Methods 203A, B, and C and Method 9 are 
in the provisions for recording observations and data reduction.
    Since the 1993 proposal of Methods 203A, B, and C, we are not aware 
of any new methods or changes to existing methods that would lead to 
substantial changes in our approach. Therefore, with one exception, we 
believe it is appropriate to complete this action with the changes 
noted in the preamble. We are not taking final action at this time with 
regard to procedures for fugitive dust.

III. Responses to Comments

A. Stringency of Current Standards Not Affected

    The most frequent comment concerned the possibility of current 
regulations being affected by these new methods. Examples of these 
concerns are: (1) Method 203B would increase the stringency of current 
time-exception regulations, (2) Methods 203A, B, and C would displace 
Tennessee's four federally approved visible emission methods, and (3) 
decreasing the averaging time demands an increase in the level of the 
standard.
    Methods 203A, B, and C are not retroactive; they do not apply to 
existing regulations. Methods 203A, 203B, and 203C are example methods 
for States to use in developing their SIP regulations. The addition of 
these methods to Appendix M of Part 51 will increase the number of 
opacity methods available to the State and will not affect the 
stringency of any existing standard.
    A comment regarding the data reduction procedures of Method 203B 
expressed a similar concern. Some current time-exception methods count 
the number of 1-minute averages that are over the maximum opacity 
specified. The sum of 1-minute averages must not exceed the number of 
exception-minutes specified in the applicable standard. Method 203B 
contains slightly different data reduction procedures in which the 
readings are not averaged, but each reading is viewed as a 15-second 
block of time. The number of readings above the specified opacity limit 
is multiplied by 0.25 resulting in the total number of minutes during 
which the maximum opacity level is exceeded. Method 203B is a slightly 
more stringent procedure than summing 1-minute averages. As mentioned 
above, Methods 203A, B, and C are not retroactive and the stringency of 
visible emission procedures need to be taken into account when the new 
or revised emission limits are developed.

B. Four Readings Not a Reliable Data Sample

    We proposed two options when using Method 203C: Averaging four 15-
second readings or averaging twelve 5-second readings. One commenter 
stated that four 15-second readings were not sufficient for Method 
203C. Upon further review and examination of the data, we agree with 
the commenter and have eliminated the four 15-second reading option. 
Only the second option, averaging twelve 5-second readings, is 
prescribed in Method 203C.
    We also received comments on the proposed procedures for fugitive 
dust. However, because we are not taking final action on these 
procedures at this time, we are not responding to the comments here.

IV. Changes to Proposed Methods 203A, B, and C

A. Performance Results Added to the Methods

    The error associated with each method has been summarized from 
various field studies and is presented in Section 13 of each method.

B. 15-Second Interval Option Removed From Method 203C

    The proposed option to use four 15-second readings for 
instantaneous limitation regulations has been removed from Method 203C. 
Twelve 5-second readings will be used when Method 203C is specified for 
instantaneous regulations.

V. Summary of Amendments to the NSPS

    Technical amendments are being made to 40 CFR Part 60 to correct 
existing errors in Subparts J, BB, and Appendix B and to amend a 
testing requirement in Subpart WWW. These technical amendments were 
proposed in the Federal Register on August 5, 2005 (70 FR 45608). No 
comments were received from the public concerning these amendments.

A. Petroleum Refineries (Subpart J)

    In Sec.  60.106(b)(3) of the petroleum refinery NSPS, the equation 
for determining the coke burn-off rate is being corrected.

B. Kraft Pulp Mills (Subpart BB)

    In Sec.  60.284 of the kraft pulp mills NSPS, an inadvertent 
paragraph requiring that continuous emission monitors be subject to the 
quality assurance provisions of Appendix F is being deleted.

C. Municipal Solid Waste Landfills (Subpart WWW)

    In Sec.  60.752(b)(2)(iii)(A) of the municipal solid waste landfill 
NSPS, open flares are required to comply with the general flare 
provisions of Sec.  60.18. In these provisions, the heat content of the 
flare gas is determined from an analysis of its organic compound and 
hydrogen content using Methods 18 and ASTM D1946, respectively. Methane 
is the primary organic compound of significance in landfill gas, and 
hydrogen is not likely to be present. Method 3C is easier to use than 
Method 18 and has a more appropriate measurement range for the methane 
levels encountered at landfills. In addition, Method 3C determines 
oxygen and nitrogen which are needed to determine the flare gas exit 
velocity. In the past, sources have requested and received permission 
to used Method 3C in place of Methods 18 and ASTM D1946 under this 
rule. This amendment makes Method 3C the required test method for 
methane and removes the requirement to measure hydrogen by ASTM D1946.

D. Performance Specification 2, Appendix B of Part 60

    In Performance Specification 2, an inadvertent omission in an 
October 17, 2000 amendment removed an allowance for low-emitters when 
conducting relative accuracy tests. This amendment reinstates the 
allowance.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735 October 4, 1993), the 
Agency must determine whether the regulatory

[[Page 55122]]

action is ``significant'' and therefore subject to OMB review and the 
requirements of the 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 affect 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 interfere 
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. 
The new test methods do not add information collection requirements 
beyond what is currently mandated.
    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

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule.
    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 
include those listed in Table 1 of SUPPLEMENTARY INFORMATION.
    After considering the economic impacts of today's final rule on 
small entities, we have concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
This final rule will not impose any requirements on small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    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.
    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. This rule simply makes available alternative data 
reduction procedures that States can use at their discretion under 
their SIP opacity regulations.

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, Executive Order 13132 does 
not apply to this rule.

[[Page 55123]]

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.'' This final rule does not have 
tribal implications as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. In 
this final rule, we are simply adding test methods at the request of 
the States to increase the flexibility in testing for opacity of 
emissions. 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: (1) Is determined 
to be ``economically significant'' as defined under Executive Order 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it is based on technology performance and 
not 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 not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272), directs 
EPA to use voluntary consensus standards (VCS) in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, business practices, etc.) that are developed or adopted by 
VCS bodies. The NTTAA requires EPA to provide Congress, through OMB, 
explanations when the Agency decides not to use available and 
applicable VCS. During this rulemaking, we identified no VCS that might 
be applicable. Specifically, there were none that addressed opacity 
data reduction provisions differently than what currently exists in 
Method 9 of 40 CFR Part 60, Appendix A.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12848 (58 FR 7629, February 11, 1994) requires that 
each Federal agency make achieving environmental justice part of its 
mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of its programs, policies, and activities on minorities and 
low-income populations. This rule contains optional test procedures 
that do not place disproportionate human health or environmental 
effects of minority or low-income populations.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after its publication in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective.

List of Subjects in 40 CFR Parts 51 and 60

    Administrative practice and procedure, Air pollution control, 
Carbon monoxide, Continuous emission monitors, Environmental 
protection, Intergovernmental relations, Lead, New sources, Nitrogen 
dioxide, Ozone, Particulate matter, Performance specifications, 
Reporting and recordkeeping requirements, Sulfur oxides, Test methods 
and procedures, Volatile organic compounds.

    Dated: September 14, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.


0
2. Appendix M is amended by numerically adding the following method 
titles at the beginning of Appendix M and by numerically adding Methods 
203A, 203B, and 203C as follows:

Appendix M to Part 51--Recommended Test Methods for State 
Implementation Plans

* * * * *
    Method 203A--Visual Determination of Opacity of Emissions from 
Stationary Sources for Time-Averaged Regulations.
    Method 203B--Visual Determination of Opacity of Emissions from 
Stationary Sources for Time-Exception Regulations.
    Method 203C--Visual Determination of Opacity of Emissions from 
Stationary Sources for Instantaneous Regulations.
* * * * *

Method 203A--Visual Determination of Opacity of Emissions from 
Stationary Sources for Time-Averaged Regulations

1.0 Scope and Application

What is Method 203A?

    Method 203A is an example test method suitable for State 
Implementation Plans (SIP) and is applicable to the determination of 
the opacity of emissions from sources of visible emissions for time-
averaged regulations. A time-averaged regulation is any regulation 
that requires averaging visible emission data to determine the 
opacity of visible emissions over a specific time period.
    Method 203A is virtually identical to EPA's Method 9 of 40 CFR 
Part 60, Appendix A, except for the data-reduction procedures, which 
provide for averaging times other than 6 minutes. Therefore, using 
Method 203A with a 6-minute averaging time would be the same as 
following EPA Method 9. The certification procedures for this method 
are

[[Page 55124]]

identical to those provided in Method 9 and are provided here, in 
full, for clarity and convenience. An example visible emission 
observation form and instructions for its use can be found in 
reference 7 of Section 17 of Method 9.

2.0 Summary of Method

    The opacity of emissions from sources of visible emissions is 
determined visually by an observer certified according to the 
procedures in Section 10 of this method. Readings taken every 15 
seconds are averaged over a time period specified in the applicable 
regulation ranging from 2 minutes to 6 minutes.

3.0 Definitions [Reserved]

4.0 Interferences [Reserved]

5.0 Safety [Reserved]

6.0 Equipment and Supplies

What equipment and supplies are needed?

    6.1 Stop Watch. Two watches are required that provide a 
continuous display of time to the nearest second.
    6.2 Compass (optional). A compass is useful for determining the 
direction of the emission point from the spot where the visible 
emissions (VE) observer stands and for determining the wind 
direction at the source. For accurate readings, the compass should 
be magnetic with resolution better than 10 degrees. It is suggested 
that the compass be jewel-mounted and liquid-filled to dampen the 
needle swing; map reading compasses are excellent.
    6.3 Range Finder (optional). Range finders determine distances 
from the observer to the emission point. The instrument should 
measure a distance of 1000 meters with a minimum accuracy of 10 percent.
    6.4 Abney Level (optional). This device for determining the 
vertical viewing angle should measure within 5 degrees.
    6.5 Sling Psychrometer (optional). In case of the formation of a 
steam plume, a wet- and dry-bulb thermometer, accurate to 0.5 
[deg]C, are mounted on a sturdy assembly and swung rapidly in the 
air in order to determine the relative humidity.
    6.6 Binoculars (optional). Binoculars are recommended to help 
identify stacks and to characterize the plume. An 8 x 50 or 10 x 50 
magnification, color-corrected coated lenses and rectilinear field 
of view is recommended.
    6.7 Camera (optional). A camera is often used to document the 
emissions before and after the actual opacity determination.
    6.8 Safety Equipment. The following safety equipment, which 
should be approved by the Occupational Safety and Health Association 
(OSHA), is recommended: orange or yellow hard hat, eye and ear 
protection, and steel-toed safety boots.
    6.9 Clipboard and Accessories (optional). A clipboard, several 
ball-point pens (black ink recommended), a rubber band, and several 
visible emission observation forms facilitate documentation.

7.0 Reagents and Standards (Reserved]

8.0 Sample Collection, Preservation, Storage, and Transport

What is the Test Procedure?

    An observer qualified in accordance with Section 10 of this 
method must use the following procedures to visually determine the 
opacity of emissions from stationary sources.
    8.1 Procedure for Emissions from Stacks. These procedures are 
applicable for visually determining the opacity of stack emissions 
by a qualified observer.
    8.1.1 Position. You must stand at a distance sufficient to 
provide a clear view of the emissions with the sun oriented in the 
140-degree sector to your back. Consistent with maintaining the 
above requirement as much as possible, you must make opacity 
observations from a position such that the line of vision is 
approximately perpendicular to the plume direction, and when 
observing opacity of emissions from rectangular outlets (e.g., roof 
monitors, open baghouses, non-circular stacks), approximately 
perpendicular to the longer axis of the outlet. You should not 
include more than one plume in the line of sight at a time when 
multiple plumes are involved and, in any case, make opacity 
observations with the line of sight perpendicular to the longer axis 
of such a set of multiple stacks (e.g., stub stacks on baghouses).
    8.1.2 Field Records. You must record the name of the plant, 
emission location, type of facility, observer's name and 
affiliation, a sketch of the observer's position relative to the 
source, and the date on a field data sheet. An example visible 
emission observation form can be found in reference 7 of Section 17 
of this method. You must record the time, estimated distance to the 
emission location, approximate wind direction, estimated wind speed, 
description of the sky condition (presence and color of clouds), and 
plume background on the field data sheet at the time opacity 
readings are initiated and completed.
    8.1.3 Observations. You must make opacity observations at the 
point of greatest opacity in that portion of the plume where 
condensed water vapor is not present. Do not look continuously at 
the plume but, instead, observe the plume momentarily at 15-second 
intervals.
    8.1.3.1 Attached Steam Plumes. When condensed water vapor is 
present within the plume as it emerges from the emission outlet, you 
must make opacity observations beyond the point in the plume at 
which condensed water vapor is no longer visible. You must record 
the approximate distance from the emission outlet to the point in 
the plume at which the observations are made.
    8.1.3.2 Detached Steam Plumes. When water vapor in the plume 
condenses and becomes visible at a distinct distance from the 
emission outlet, you must make the opacity observation at the 
emission outlet prior to the condensation of water vapor and the 
formation of the steam plume.
    8.2 Recording Observations. You must record the opacity 
observations to the nearest 5 percent every 15 seconds on an 
observational record sheet such as the example visible emission 
observation form in reference 7 of Section 17 of this method. Each 
observation recorded represents the average opacity of emissions for 
a 15-second period. The overall length of time for which 
observations are recorded must be appropriate to the averaging time 
specified in the applicable regulation.

9.0 Quality Control [Reserved]

10.0 Calibration and Standardization

    10.1 What are the Certification Requirements? To receive 
certification as a qualified observer, you must be trained and 
knowledgeable on the procedures in Section 8.0 of this method, be 
tested and demonstrate the ability to assign opacity readings in 5 
percent increments to 25 different black plumes and 25 different 
white plumes, with an error not to exceed 15 percent opacity on any 
one reading and an average error not to exceed 7.5 percent opacity 
in each category. You must be tested according to the procedures 
described in Section 10.2 of this method. Any smoke generator used 
pursuant to Section 10.2 of this method must be equipped with a 
smoke meter which meets the requirements of Section 10.3 of this 
method. Certification tests that do not meet the requirements of 
Sections 10.2 and 10.3 of this method are not valid.
    The certification must be valid for a period of 6 months, and 
after each 6-month period, the qualification procedures must be 
repeated by an observer in order to retain certification.
    10.2 What is the Certification Procedure? The certification test 
consists of showing the candidate a complete run of 50 plumes, 25 
black plumes and 25 white plumes, generated by a smoke generator. 
Plumes must be presented in random order within each set of 25 black 
and 25 white plumes. The candidate assigns an opacity value to each 
plume and records the observation on a suitable form. At the 
completion of each run of 50 readings, the score of the candidate is 
determined. If a candidate fails to qualify, the complete run of 50 
readings must be repeated in any retest. The smoke test may be 
administered as part of a smoke school or training program, and may 
be preceded by training or familiarization runs of the smoke 
generator during which candidates are shown black and white plumes 
of known opacity.
    10.3 Smoke Generator.
    10.3.1 What are the Smoke Generator Specifications? Any smoke 
generator used for the purpose of Section 10.2 of this method must 
be equipped with a smoke meter installed to measure opacity across 
the diameter of the smoke generator stack. The smoke meter output 
must display in-stack opacity, based upon a path length equal to the 
stack exit diameter on a full 0 to 100 percent chart recorder scale. 
The smoke meter optical design and performance must meet the 
specifications shown in Table 203A-1 of this method. The smoke meter 
must be calibrated as prescribed in Section 10.3.2 of this method 
prior to conducting each smoke reading test. At the completion of 
each test, the zero and span drift must be checked and, if the drift 
exceeds  1 percent opacity, the condition must be 
corrected prior to conducting any subsequent test runs. The smoke 
meter must be demonstrated at

[[Page 55125]]

the time of installation to meet the specifications listed in Table 
203A-1 of this method. This demonstration must be repeated following 
any subsequent repair or replacement of the photocell or associated 
electronic circuitry including the chart recorder or output meter, 
or every 6 months, whichever occurs first.
    10.3.2 How is the Smoke Meter Calibrated? The smoke meter is 
calibrated after allowing a minimum of 30 minutes warm-up by 
alternately producing simulated opacity of 0 percent and 100 
percent. When a stable response at 0 percent or 100 percent is 
noted, the smoke meter is adjusted to produce an output of 0 percent 
or 100 percent, as appropriate. This calibration must be repeated 
until stable 0 percent and 100 percent readings are produced without 
adjustment. Simulated 0 percent and 100 percent opacity values may 
be produced by alternately switching the power to the light source 
on and off while the smoke generator is not producing smoke.
    10.3.3 How is the Smoke Meter Evaluated? The smoke meter design 
and performance are to be evaluated as follows:
    10.3.3.1 Light Source. You must verify from manufacturer's data 
and from voltage measurements made at the lamp, as installed, that 
the lamp is operated within 5 percent of the nominal rated voltage.
    10.3.3.2 Spectral Response of the Photocell. You must verify 
from manufacturer's data that the photocell has a photopic response; 
i.e., the spectral sensitivity of the cell must closely approximate 
the standard spectral-luminosity curve for photopic vision which is 
referenced in (b) of Table 203A-1 of this method.
    10.3.3.3 Angle of View. You must check construction geometry to 
ensure that the total angle of view of the smoke plume, as seen by 
the photocell, does not exceed 15 degrees. Calculate the total angle 
of view as follows:

[phis]v = 2 tan-1 (d/2L)

Where:

[phis]v = Total angle of view
d = The photocell diameter + the diameter of the limiting aperture
L = Distance from the photocell to the limiting aperture.

The limiting aperture is the point in the path between the photocell 
and the smoke plume where the angle of view is most restricted. In 
smoke generator smoke meters, this is normally an orifice plate.
    10.3.3.4 Angle of Projection. You must check construction 
geometry to ensure that the total angle of projection of the lamp on 
the smoke plume does not exceed 15 degrees. Calculate the total 
angle of projection as follows:

[phis]p = 2 tan-1 (d/2L)

Where:

[phis]p = Total angle of projection
d = The sum of the length of the lamp filament + the diameter of the 
limiting aperture
L = The distance from the lamp to the limiting aperture.

    10.3.3.5 Calibration Error. Using neutral-density filters of 
known opacity, you must check the error between the actual response 
and the theoretical linear response of the smoke meter. This check 
is accomplished by first calibrating the smoke meter according to 
Section 10.3.2 of this method and then inserting a series of three 
neutral-density filters of nominal opacity of 20, 50, and 75 percent 
in the smoke meter path length. Use filters calibrated within 2 
percent. Care should be taken when inserting the filters to prevent 
stray light from affecting the meter. Make a total of five non-
consecutive readings for each filter. The maximum opacity error on 
any one reading shall be 3 percent.
    10.3.3.6 Zero and Span Drift. Determine the zero and span drift 
by calibrating and operating the smoke generator in a normal manner 
over a 1-hour period. The drift is measured by checking the zero and 
span at the end of this period.
    10.3.3.7 Response Time. Determine the response time by producing 
the series of five simulated 0 percent and 100 percent opacity 
values and observing the time required to reach stable response. 
Opacity values of 0 percent and 100 percent may be simulated by 
alternately switching the power to the light source off and on while 
the smoke generator is not operating.

11.0 Analytical Procedures [Reserved]

12.0 Data Analysis and Calculations

    12.1 Time-Averaged Regulations. A set of observations is 
composed of an appropriate number of consecutive observations 
determined by the averaging time specified (i.e., 8 observations for 
a two minute average). Divide the recorded observations into sets of 
appropriate time lengths for the specified averaging time. Sets must 
consist of consecutive observations; however, observations 
immediately preceding and following interrupted observations shall 
be deemed consecutive. Sets need not be consecutive in time and in 
no case shall two sets overlap. For each set of observations, 
calculate the average opacity by summing the opacity readings taken 
over the appropriate time period and dividing by the number of 
readings. For example, for a 2-minute average, eight consecutive 
readings would be averaged by adding the eight readings and dividing 
by eight.

13.0 Method Performance

    13.1 Time-averaging Performances. The accuracy of test 
procedures for time-averaged regulations was evaluated through field 
studies that compare the opacity readings to a transmissometer. 
Analysis of these data shows that, as the time interval for 
averaging increases, the positive error decreases. For example, over 
a 2-minute time period, 90 percent of the results underestimated 
opacity or overestimated opacity by less than 9.5 percent opacity, 
while over a 6-minute time period, 90 percent of the data have less 
than a 7.5 percent positive error. Overall, the field studies 
demonstrated a negative bias. Over a 2-minute time period, 57 
percent of the data have zero or negative error, and over a 6-minute 
time period, 58 percent of the data have zero or negative error. 
This means that observers are more likely to assign opacity values 
that are below, rather than above, the actual opacity value. 
Consequently, a larger percentage of noncompliance periods will be 
reported as compliant periods rather than compliant periods reported 
as violations. Table 203A-2 highlights the precision data results 
from the June 1985 report: ``Opacity Errors for Averaging and Non 
Averaging Data Reduction and Reporting Techniques.''

14.0 Pollution Prevention [Reserved]

15.0 Waste Management [Reserved]

16.0 Alternative Procedures [Reserved]

17.0 References

    1. U.S. Environmental Protection Agency. Standards of 
Performance for New Stationary Sources; Appendix A; Method 9 for 
Visual Determination of the Opacity of Emissions from Stationary 
Sources. Final Rule. 39 FR 219. Washington, DC. U.S. Government 
Printing Office. November 12, 1974.
    2. Office of Air and Radiation. ``Quality Assurance Guideline 
for Visible Emission Training Programs.'' EPA-600/S4-83-011. Quality 
Assurance Division. Research Triangle Park, NC. May 1982.
    3. Office of Research and Development. ``Method 9--Visible 
Determination of the Opacity of Emissions from Stationary Sources.'' 
February 1984. Quality Assurance Handbook for Air Pollution 
Measurement Systems. Volume III, Section 3.1.2. Stationary Source 
Specific Methods. EPA-600-4-77-027b. August 1977. Office of Research 
and Development Publications, 26 West Clair Street, Cincinnati, OH.
    4. Office of Air Quality Planning and Standards. ``Opacity Error 
for Averaging and Non-averaging Data Reduction and Reporting 
Techniques.'' Final Report-SR-1-6-85. Emission Measurement Branch, 
Research Triangle Park, NC. June 1985.
    5. U.S. Environmental Protection Agency. Preparation, Adoption, 
and Submittal of State Implementation Plans. Methods for Measurement 
of PM10 Emissions from Stationary Sources. Final Rule. 
Federal Register. Washington, DC. U.S. Government Printing Office. 
Volume 55, No. 74. Pages 14246-14279. April 17, 1990.
    6. Office of Air Quality Planning and Standards. ``Collaborative 
Study of Opacity Observations of Fugitive Emissions from Unpaved 
Roads by Certified Observers.'' Emission Measurement Branch, 
Research Triangle Park, NC. October 1986.
    7. Office of Air Quality Planning and Standards. ``Field Data 
Forms and Instructions for EPA Methods 203A, 203B, and 203C.'' EPA 
455/R-93-005. Stationary Source Compliance Division, Washington, DC, 
June 1993.

18.0 Tables, Diagrams, Flowcharts, and Validation Data

[[Page 55126]]



    Table 203A-1.--Smoke Meter Design and Performance Specifications
------------------------------------------------------------------------
               Parameter                          Specification
------------------------------------------------------------------------
a. Light Source........................   Incandescent lamp operated at
                                          nominal rated voltage.
b. Spectral response of photocell......  Photopic (daylight spectral
                                          response of the human eye--
                                          Citation 3).
c. Angle of view.......................  15[deg] maximum total angle.
d. Angle of projection.................  15[deg] maximum total angle.
e. Calibration error...................  3% opacity,
                                          maximum.
f. Zero and span drift.................  1% opacity, 30
                                          minutes
g. Response time.......................   5 seconds.
------------------------------------------------------------------------


                          Table 203A-2.--Precision Between Observers: Opacity Averaging
----------------------------------------------------------------------------------------------------------------
                                                                                     Standard       Amount with
                        Averaging period                             Number of     deviation  (%   <7.5% opacity
                                                                   observations      opacity)       difference
----------------------------------------------------------------------------------------------------------------
15-second.......................................................         140,250             3.4              87
2 minutes.......................................................          17,694             2.6              92
3 minutes.......................................................          11,836             2.4              92
6 minutes.......................................................           5,954             2.1              93
----------------------------------------------------------------------------------------------------------------

Method 203B--Visual Determination of Opacity of Emissions From 
Stationary Sources for Time-Exception Regulations

1.0 Scope and Application

What is Method 203B?

    Method 203B is an example test method suitable for State 
Implementation Plans (SIPs) and is applicable to the determination 
of the opacity of emissions from sources of visible emissions for 
time-exception regulations. A time-exception regulation means any 
regulation that allows predefined periods of opacity above the 
otherwise applicable opacity limit (e.g., allowing exceedances of 20 
percent opacity for 3 minutes in 1 hour.)
    Method 203B is virtually identical to EPA's Method 9 of 40 CFR 
part 60, Appendix A, except for the data-reduction procedures, which 
have been modified to apply to time-exception regulations. The 
certification procedures for this method are identical to those 
provided in Method 9. An example of a visible emission observation 
form and instructions for its use can be found in reference 7 of 
Section 17 of Method 203A.

2.0 Summary of Method

    The opacity of emissions from sources of visible emissions is 
determined visually by a qualified observer.

3.0 Definitions [Reserved]

4.0 Interferences [Reserved]

5.0 Safety [Reserved]

6.0 Equipment and Supplies

What equipment and supplies are needed?

    The same as specified in Section 6.0 of Method 203A.

7.0 Reagents and Standards [Reserved]

8.0 Sample Collection, Preservation, Storage, and Transport

What is the Test Procedure?

    The observer qualified in accordance with Section 10 of Method 
203A must use the following procedures for visually determining the 
opacity of emissions.
    8.1 Procedures for Emissions From Stationary Sources. The 
procedures for emissions from stationary sources are the same as 
specified in 8.1 of Method 203A.
    8.2 Recording Observations. You must record opacity observations 
to the nearest 5 percent at 15-second intervals on an observational 
record sheet. Each observation recorded represents the average 
opacity of emissions for a 15-second period. The overall length of 
time for which observations are recorded must be appropriate to the 
applicable regulation.

9.0 Quality Control [Reserved]

10.0 Calibration and Standardization

    The Calibration and Standardization requirements are the same as 
specified in Section 10 of Method 203A.

11.0 Analytical Procedures [Reserved]

12.0 Data Analysis and Calculations

    Data Reduction for Time-Exception Regulations. For a time-
exception regulation, reduce opacity observations as follows: Count 
the number of observations above the applicable standard and 
multiply that number by 0.25 to determine the minutes of emissions 
above the target opacity.

13.0 Method Performance

    13.1 Time-Exception Regulations. ``Opacity Errors for Averaging 
and Non-Averaging Data Reduction and Reporting Techniques'' analyzed 
the time errors associated with false compliance or false non-
compliance determinations resulting from a sample of 1110 opacity 
readings with 6-minute observation periods. The study applied a 20 
percent opacity standard. Fifty-one percent of the data showed zero 
error in time determinations. The standard deviation was 97.5 
seconds for the 6-minute time period.
    13.1.1 Overall, the study showed a negative bias. Each reading 
is associated with a 15-second block of time. The readings were 
multiplied by 15 seconds and the resulting time spent above the 
standard was compared to the transmissometer results. The average 
amount of time that observations deviated from the transmissometer's 
determinations was -8.3 seconds. Seventy percent of the time 
determinations were either correct or underestimated the time of 
excess emissions. Consequently, a larger percentage of noncompliance 
periods would be reported as compliant periods rather than compliant 
periods reported as violations.
    13.1.2 Some time-exception regulations reduce the data by 
averaging over 1-minute periods and then counting those minutes 
above the standard. This data reduction procedure results in a less 
stringent standard than determinations resulting from data reduction 
procedures of Method 203B.

14.0 Pollution Prevention [Reserved]

15.0 Waste Management [Reserved]

16.0 Alternative Procedures [Reserved]

17.0 References

    The references are the same as specified in Section 17 of Method 
203A.

18.0 Tables, Diagrams, Flowcharts, and Validation Data [Reserved]

Method 203C--Visual Determination of Opacity of Emissions From 
Stationary Sources for Instantaneous Limitation Regulations

1.0 Scope and Application

What is Method 203C?

    Method 203C is an example test method suitable for State 
Implementation Plans (SIPs) and is applicable to the determination 
of the opacity of emissions from sources of visible emissions for 
regulations with an instantaneous opacity limitation. An 
instantaneous opacity limitation is an opacity limit which is never 
to be exceeded.
    Method 203C is virtually identical to EPA's Method 9 of 40 CFR 
Part 60, Appendix A, except for 5-second reading intervals and the 
data-reduction procedures, which have been modified for 
instantaneous limitation regulations. The certification procedures 
for

[[Page 55127]]

this method are virtually identical to Method 9. An example visible 
emission observation form and instructions for its use can be found 
in reference 7 of Section 17 of Method 203A.

2.0 Summary of Method

    The opacity of emissions from sources of visible emissions is 
determined visually by an observer certified according to the 
procedures in Section 10 of Method 203A.

3.0 Definitions [Reserved]

4.0 Interferences [Reserved]

5.0 Safety [Reserved]

6.0 Equipment and Supplies

    The equipment and supplies used are the same as Section 6.0 of 
Method 203A.

7.0 Reagents and Standards [Reserved]

8.0 Sample Collection, Preservation, Storage, and Transport

What is the Test Procedure?

    The qualified observer must use the following procedures for 
visually determining the opacity of emissions.
    8.1 Procedures for Emissions From Stationary Sources. These are 
the same as Section 8.1 of Method 203A.
    8.1.1 Position. Same as Section 8.1.1 of Method 203A.
    8.1.2 Field Records. Same as Section 8.1.2 of Method 203A.
    8.1.3 Observations. Make opacity observations at the point of 
greatest opacity in that portion of the plume where condensed water 
vapor is not present. Do not look continuously at the plume, 
instead, observe the plume momentarily at 5-second intervals.
    8.1.3.1 Attached Steam Plumes. Same as Section 8.1.3.1 of Method 
203A.
    8.1.3.2 Detached Steam Plumes. Same as Section 8.1.3.2 of Method 
203A.
    8.2 Recording Observations. You must record opacity observations 
to the nearest 5 percent at 5-second intervals on an observational 
record sheet. Each observation recorded represents the average of 
emissions for the 5-second period. The overall time for which 
recordings are made must be of a length appropriate to the 
applicable regulation for which opacity is being measured.

9.0 Quality Control [Reserved]

10.0 Calibration and Standardization

    The calibration and standardization procedures are the same as 
Section 10 of Method 203A.

11.0 Analytical Procedures [Reserved]

12.0 Data Analysis and Calculations

    12.1 Data Reduction for Instantaneous Limitation Regulations. 
For an instantaneous limitation regulation, a 1-minute averaging 
time will be used. You must divide the observations recorded on the 
record sheet into sets of consecutive observations. A set is 
composed of the consecutive observations made in 1 minute. Sets need 
not be consecutive in time, and in no case must two sets overlap. 
You must reduce opacity observations by dividing the sum of all 
observations recorded in a set by the number of observations 
recorded in each set.
    12.2 Reduce opacity observations by averaging 12 consecutive 
observations recorded at 5-second intervals. Divide the observations 
recorded on the record sheet into sets of 12 consecutive 
observations. For each set of 12 observations, calculate the average 
by summing the opacity of the 12 observations and dividing this sum 
by 12.

13.0 Method Performance

    The results of the ``Collaborative Study of Opacity Observations 
at Five-second Intervals by Certified Observers'' are almost 
identical to those of previous studies of Method 9 observations 
taken at 15-second intervals and indicate that observers can make 
valid observations at 5-second intervals. The average difference of 
all observations from the transmissometer values was 8.8 percent 
opacity, which shows a fairly high negative bias. Underestimating 
the opacity of the visible emissions is more likely than 
overestimating the opacity of the emissions.

14.0 Pollution Prevention [Reserved]

15.0 Waste Management [Reserved]

16.0 Alternative Procedures [Reserved]

17.0 References

    The references are the same as references 1-7 in Method 203A in 
addition to the following:
    1. Office of Air Quality Planning and Standards. ``Collaborative 
Study of Opacity Observations at Five-second Intervals by Certified 
Observers.'' Docket A-84-22, IV-A-2. Emission Measurement Branch, 
Research Triangle Park, N.C. September 1990.

18.0 Tables, Diagrams, Flowcharts, and Validation Data

* * * * *

PART 60--[AMENDED]

0
3. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7601, and 
7602.


0
4. Amend Sec.  60.106(b)(3) by revising the equation to read as 
follows:


Sec.  60.106  Test methods and procedures.

* * * * *
    (b) * * *
    (3) * * *

Rc = K1Qr (%CO2 + %CO) + 
K2Qa - K3Qr(%CO/2 + 
%CO2 + %O2)
* * * * *

0
5. Revise 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]

0
6. Revise 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 as noted in Sec.  60.754(e);
* * * * *


Sec.  60.754  [Amended]

0
7. Amend Sec.  60.754 by adding paragraph (e) to read as follows:


Sec.  60.754  Test Methods and Procedures.

* * * * *
    (e) For the performance test required in Sec.  
60.752(b)(2)(iii)(A), the net heating value of the combusted landfill 
gas as determined in Sec.  60.18(f)(3) is calculated from the 
concentration of methane in the landfill gas as measured by Method 3C. 
A minimum of three 30-minute Method 3C samples are determined. The 
measurement of other organic components, hydrogen, and carbon monoxide 
is not applicable. Method 3C may be used to determine the landfill gas 
molecular weight for calculating the flare gas exit velocity under 
Sec.  60.18(f)(4).

0
8. In Appendix A-7, Method 24 is amended by adding Section 6.7 to read 
as follows:

Appendix A-7 to Part 60--Test Methods 19 Through 25E

* * * * *

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.
* * * * *

0
9. In Appendix B, Performance Specification 2 is amended by adding a 
sentence to the end of Section 13.2 to read as follows:

Appendix B to Part 60--Performance Specifications

* * * * *

[[Page 55128]]

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.
* * * * *

[FR Doc. 06-7907 Filed 9-20-06; 8:45 am]
BILLING CODE 6560-50-P
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