Methods for Measurement of Visible Emissions, 55119-55128 [06-7907]
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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
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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 .............................................................................................................................................
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4961
4911
3241
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4953
NAICS codes
221112
22133
221119
327310
324110
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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.
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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
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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
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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
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212392
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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-
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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]
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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
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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
*
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*
21SER1
*
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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.
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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