Notice of Broadly Applicable Alternative Test Methods, 4257-4262 [E7-1338]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or
call (866) 208–3676 (toll free). For TTY,
call (202) 502–8659.
Magalie R. Salas,
Secretary.
[FR Doc. E7–1375 Filed 1–29–07; 8:45 am]
toll-free at (866) 208–3676; for TTY
contact (202) 502–8659.
Magalie R. Salas,
Secretary.
[FR Doc. E7–1365 Filed 1–29–07; 8:45 am]
BILLING CODE 6717–01–P
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Federal Energy Regulatory
Commission
[Docket No. AD07–5–000]
[Project No. 2153–012 California]
United Water Conservation District;
Notice of Availability of Environmental
Assessment
ycherry on PROD1PC64 with NOTICES
January 23, 2007.
In accordance with the National
Environmental Policy Act of 1969, as
amended, and Federal Energy
Regulatory Commission (Commission or
FERC) regulations (18 CFR Part 380),
Commission staff reviewed the
application for a minor license for the
Santa Felicia Hydroelectric Project and
prepared this final environmental
assessment (EA). The project is located
on Piru Creek in Ventura County,
California. The project occupies 174.5
acres of U.S. land that is administered
by the U.S. Department of Agriculture,
Forest Service (Forest Service) in the
Los Padres and Angeles National
Forests.
Specifically, the project licensee,
United Water Conservation District,
requested Commission approval of the
Santa Felicia Project for hydroelectric
generation purposes. In the final EA,
Commission staff analyze the probable
environmental effects of relicensing the
project and conclude that approval of
the project, with appropriate staffrecommended environmental measures,
would not constitute a major federal
action significantly affecting the quality
of the human environment.
Copies of the final EA are available for
review in Public Reference Room 2–A of
the Commission’s offices at 888 First
Street, NE., Washington, DC. The EA
also may be viewed on the
Commission’s Internet Web site
(www.ferc.gov) using the ‘‘eLibrary’’
link. Additional information about the
project is available from the
Commission’s Office of External Affairs
at (202) 502–6088, or on the
Commission’s Web site using the
eLibrary link. For assistance with
eLibrary, contact
FERCOnlineSupport@ferc.gov or call
VerDate Aug<31>2005
15:36 Jan 29, 2007
Jkt 211001
Seismic Design Guidelines for LNG
Facilities; Notice of Availability of
‘‘Draft Seismic Design Guidelines and
Data Submittal Requirements for LNG
Facilities’’ and Request for Comments
January 23, 2007.
The Federal Energy Regulatory
Commission’s Office of Energy Projects
has updated its prior guidelines and is
making available for public comment a
document entitled ‘‘Seismic Design
Guidelines and Data Submittal
Requirements for LNG Facilities’’. These
draft guidelines apply to all proposed
new LNG facilities and proposed
significant changes to existing LNG
facilities under the jurisdiction of the
Federal Energy Regulatory Commission.
The new guidelines update, replace and
supersede ‘‘Data Requirements for the
Seismic Review of LNG Facilities, NBSIR
84–2833’’ (18 CFR 380.12(h)(5) and
(o)(15)).
Federal regulations applicable to
seismic design of LNG facilities are
identified and summarized, and
guidance is provided in a number of
areas that may be subject to
interpretation by technical experts. The
guidelines provide a basis for uniform
reviews of various LNG terminal
structures, components and systems
under FERC jurisdiction.
This guidance is intended for those
facilities to be constructed on land and
is not intended for floating or offshore
facilities. The scope of the guidelines
includes all portions of the facility
located within the facility security fence
including loading docks.
The document may be downloaded
from the FERC Web site at: https://
www.ferc.gov/industries/lng.asp. A
limited number of paper copies are
available from the Commission’s Public
Reference Room, or by contacting the
FERC Project Manager identified below.
Comments on this draft version of the
guidelines are requested by March 9,
2007, and will be considered in
preparation of the final document.
Please submit your comments
electronically if possible by visiting the
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
4257
Commission’s Web site at https://
www.ferc.gov; look under the ‘‘e-Filing’’
link and the link to User’s Guide. Before
you can file comments electronically
you will need to create a free account
which can be done on-line. Comments
may also be submitted in writing to:
Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426. Please be sure to
identify Docket No. AD07–5–000 in
your filing. Questions may be directed
to Lonnie Lister, Program Manager, at
202–502–8587, or by e-mail
(lonnie.lister@ferc.gov).
Depending upon the nature and
extent of comments, upon closure of the
comment period, if necessary, FERC
Staff may prepare a comment response
summary to be made available to the
public when the final guidelines are
issued.
Magalie R. Salas,
Secretary.
[FR Doc. E7–1374 Filed 1–29–07; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8273–6]
Notice of Broadly Applicable
Alternative Test Methods
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
SUMMARY: This notice announces
broadly applicable alternative test
method approval decisions that the
Environmental Protection Agency has
made under and in support of the New
Source Performance Standards and the
National Emission Standards for
Hazardous Air Pollutants. Although we
have made both site-specific and
broadly applicable alternative test
method approvals in the past, most
recently we have issued only site- or
facility-specific approvals. This notice
announces our plan to issue broadly
applicable alternative test method
approvals in the future. We will post
these broadly applicable approvals on
our technology transfer network Web
site as well as announce them in the
Federal Register. The publication of
these broadly applicable alternative test
method approvals on our Web site will
provide information about options and
flexibility for the regulated community.
In addition, this information may
reduce the burden on source owners
and operators in making site-specific
alternative test method requests and the
permitting authorities and the EPA
E:\FR\FM\30JAN1.SGM
30JAN1
4258
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
I. General Information
Administrator in processing those
requests.
FOR FURTHER INFORMATION CONTACT:
Broadly applicable alternative test
method approvals may be accessed from
the EPA’s Web site at https://
www.epa.gov/ttn/emc/
tmethods.html#CatB. For questions
about this notice, contact Robin R.
Segall, Air Quality Assessment Division,
Office of Air Quality Planning and
Standards (E143–02), Environmental
Protection Agency, Research Triangle
Park, NC 27711; telephone number (919)
541–0893; fax number (919) 541–0893;
e-mail address: segall.robin@epa.gov.
For technical questions about individual
alternative test method decisions, refer
to the contact person identified in the
individual approval documents.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
This announcement will be of interest
to entities regulated under 40 CFR parts
60, 61, and 63 and State, local, Tribal
agencies, and EPA Regional Offices
responsible for implementation and
enforcement of regulations under 40
CFR parts 60, 61, and 63.
B. How can I get copies of this
information?
You may access copies of the broadly
applicable alternative test method
approvals from the EPA’s Web site at
https://www.epa.gov/ttn/emc/
tmethods.html#CatB.
II. Background
Broadly applicable alternative test
method approval decisions that we have
made in the past under the New Source
Performance Standards (NSPS), 40 CFR
part 60 and the National Emission
Standards for Hazardous Air Pollutants
(NESHAP), 40 CFR parts 61 and 63 are
identified in this notice (see Table 1).
Most of our prior alternative test method
approvals have been on a facilityspecific basis, but we plan to issue more
broad (i.e., source category-wide)
alternative test method approvals in the
future, and we will post these broadly
applicable approvals on our technology
transfer network Web site. We will also
announce them in the Federal Register.
Source owners or operators may
voluntarily choose to use these broadly
applicable alternative test methods. Use
of these alternatives does not change the
applicable emission standards.
TABLE 1.—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A OR B
IN 40 CFR PARTS 60, 61, AND 63
We are announcing
alternative number
As an alternative or modification to
. . .
For . . .
You may . . .
Alt-001 .......................
Method 7, Determination of Nitrogen
Oxide Emissions from Stationary
Sources and Method 7A, Determination of Nitrogen Oxide Emissions from Stationary Sources—Ion
Chromatographic Method.
Methods 10 and 10B, Determination
of Carbon Monoxide Emissions
from Stationary Sources and Method 10A, Determination of Carbon
Monoxide Emissions.
Method 5, Determination of Particulate
Emissions from Stationary Sources.
Method 12, Determination of Inorganic
Lead Emissions from Stationary
Sources.
Method 101A, Determination of Particulate and Gaseous Mercury Emissions from Sewage Sludge Incinerators.
Method 104, Determination of Beryllium Emissions from Stationary
Sources.
Method 108A, 40 CFR part 61, appendix B, Determination of Arsenic
Content in Ore Samples from Nonferrous Smelters.
Method 6, Determination of Sulfur Dioxide Emissions from Stationary
Sources.
Method 11, Determination of Hydrogen Sulfide Content of Fuel Gas
Streams in Petroleum Refineries.
Method 2, Determination of Stack Gas
Velocity and Volumetric Flow Rate
(Type S Pitot Tube).
Method 5H, Determination of Particulate Emissions from Wood Heaters
from a Stack Location.
Sources required to use Method 7 or
7A and which have concentrations
of SO2 greater than 2100 ppm.
Measure NOX emissions when the
SO2 concentration is greater than
2100 ppm by either increasing the
absorbing solution concentration or
by using Method 7E, 40 CFR, part
60, appendix A.
Determine carbon monoxide (CO)
emissions using gas tanks instead
of Tedlar bags.
Alt-002 .......................
Alt-005 .......................
Alt-006 .......................
Alt-006 .......................
Alt-006 .......................
Alt-006 .......................
Alt-008 .......................
Alt-010 .......................
Alt-011 .......................
ycherry on PROD1PC64 with NOTICES
Alt-012 .......................
VerDate Aug<31>2005
15:36 Jan 29, 2007
Jkt 211001
PO 00000
Frm 00028
Sources required to use Methods 10,
10A, or 10B in certifying continuous
emission monitoring systems at petroleum refineries.
Sources required to use Method 5 .....
Sources required to use Method 12 ...
Sources required to use Method 101A
Sources required to use Method 104
Sources required to use Method 108A
Sources required to use Method 6 .....
Sources required to use Method 11 ...
Sources required to use Method 2 .....
Sources required to use Method 5H ...
Fmt 4703
Sfmt 4703
E:\FR\FM\30JAN1.SGM
Use Teflon bags in lieu of glass
weighing dishes.
Use Inductively Coupled Plasma—
Atomic
Emission
Spectrometry
(ICP-AES) to analyze samples.
Use Inductively Coupled Plasma—
Atomic
Emission
Spectrometry
(ICP–AES) to analyze samples.
Use Inductively Coupled Plasma—
Atomic
Emission
Spectrometry
(ICP–AES) to analyze samples.
Use Inductively Coupled Plasma—
Atomic
Emission
Spectrometry
(ICP–AES) to analyze samples.
Measure stack gas moisture for correction of pollutant concentration
and flow rate.
Measure hydrogen sulfide using Method 15 or 16 (40 CFR part 60, appendix A) in lieu of Method 11.
Check the thermocouple calibration at
a single point in lieu of two points.
Measure particulate emissions from a
woodstove stack one foot or less in
diameter with gas flow between 5
and 15 feet per second, or from
stacks or ducts where there is no
stratification of the tracer gas.
30JAN1
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
4259
TABLE 1.—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A OR B
IN 40 CFR PARTS 60, 61, AND 63—Continued
We are announcing
alternative number
As an alternative or modification to
. . .
For . . .
You may . . .
Alt-014 .......................
Methods 306 and 306A, Determination of Chromium Emissions from
Decorative and Hard Chromium
Electroplating and Anodizing Operations.
Method 14, Determination of Fluoride
Emissions from Potroom Roof Monitors for Primary Aluminum Plants;
Method 14A, Determination of Total
Fluoride Emissions from Selected
Sources at Primary Aluminum Production Facilities.
Method 18, Measurement of Gaseous
Organic Compound Emissions by
Gas Chromatography, Method 106,
Determination of Vinyl Chloride from
Stationary Sources.
Method 9, Visual Determination of the
Opacity of Emissions from Stationary Sources.
Sources required to use Methods 306
and 306A.
Omit the filtering of Sample Container
No. 1 when there is no observable
sediment in the impinger liquid
when sampling at electroplating and
anodizing operations.
Use scintillation anemometers in lieu
of propeller anemometers to determine effluent velocity from potroom
roofs.
Alt-016 .......................
Alt-017 .......................
Alt-018 .......................
Alt-019 .......................
Alt-020 .......................
Alt-021 .......................
Alt-022 .......................
Alt-023 .......................
Alt-024 .......................
Alt-025 .......................
ycherry on PROD1PC64 with NOTICES
Alt-026 .......................
VerDate Aug<31>2005
Method 24, Determination of Volatile
Matter Content, Water Content,
Density, Volume Solids, and Weight
Solids of Surface Coatings.
Method 204 of 40 CFR part 51, appendix
M,
Criteria
for
and
Verification of a Permanent or Temporary Total Enclosure.
Sources required to use Methods 14
and 14A.
Sources required to use Method 18 or
Method 106 under the subparts of
40 CFR parts 60, 61, and 63 specified in Alt-017.
Use direct interface gas chromatography/mass spectrometry (GC/
MS) in lieu of GC with limitations
specified.
Sources with multiple emission points
subject to visible emissions observations under 40 CFR part 60, subpart LL, Standards of Performance
for Metallic Mineral Processing
Plants and subpart 000, Standards
of Performance for Nonmetallic Mineral Processing Plants.
Entities using Method 24 for analysis
of electrical insulating varnishes.
Allow a single visible emission observer to conduct up to three visible
emissions observations from fugitive, stack, or vent emission points
simultaneously.
Bakery ovens required to use Method
204.
Method 25A, Determination of Total
Gaseous Organic Concentration
Using a Flame Ionization Analyzer.
Method 25C, Determination of Nonmethane
Organic
Compounds
(NMOC) in MSW Landfill Gases.
Method 25C, Determination of Nonmethane
Organic
Compounds
(NMOC) in MSW Landfill Gases.
Marine tank vessel loading operations
Method 25E, Determination of Vapor
Phase Organic Concentration in
Waste Samples.
Test methods, performance specifications, and quality assurance requirements that require the use of
multiple calibration gases.
Method 18, Measurement of Gaseous
Organic Compound Emissions by
Gas Chromatography.
Sources required to use Method 25E
15:36 Jan 29, 2007
Jkt 211001
PO 00000
Frm 00029
Sources required to use Method 25C
Sources required to use Method 25C
Use ASTM D6053-96 in lieu of Method 24 to determine the VOC content in electrical insulating varnishes.
Use the alternative procedure entitled
‘‘Negative Pressure Enclosure Qualitative Test Method for Bakery
Ovens’’ to determine capture efficiency.
Determine the total gaseous organic
concentration using Method 25B in
lieu of Method 25A.
Drill the sample probe in one step
without backfilling.
Use teflon lines instead of stainlesssteel liners; use leak tight teflon tubing as a sampling line; use non-perforated probes if they meet the gas
gap equivalent; use composite samples from different sample probes in
a single vessel; use a hand-driven
pump and bag setup for the probe
purge.
Use 40ml VOA vials as alternative
sampling vessels.
Sources required to use multiple calibration gas test methods.
Use the Method 205 gas dilution system in lieu of using multiple calibration gases.
Sources subject to 40 CFR, part 60,
subpart III, Standards of Performance for VOC Emissions From the
Synthetic Organic Chemical Manufacturing Industry Air Oxidation Unit
Processes.
Use Method 316 to measure formaldehyde emissions in lieu of Method 18.
Fmt 4703
Sfmt 4703
E:\FR\FM\30JAN1.SGM
30JAN1
4260
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
TABLE 1.—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A OR B
IN 40 CFR PARTS 60, 61, AND 63—Continued
We are announcing
alternative number
As an alternative or modification to
. . .
Alt-027 .......................
Method 18, Measurement of Gaseous
Organic Compound Emissions by
Gas Chromatography.
Alt-028 .......................
Alt-029 .......................
Alt-030 .......................
ycherry on PROD1PC64 with NOTICES
Alt-031 .......................
You may . . .
Sources subject to 40 CFR, part 63,
subpart F, National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic
Chemical Manufacturing Industry
and 40 CFR part 63, subpart G, National Emission Standards for Organic Hazardous Air Pollutants from
the Synthetic Organic Chemical
Manufacturing Industry for Process
Vents, Storage Vessels, Transfer
Operations, and Wastewater.
Test procedures in 40 CFR § 63.365 Ethylene oxide sterilizers subject to 40
(including Method 18, Measurement
CFR part 63, subpart O, Ethylene
of Gaseous Organic Compound
Oxide Emissions Standards from
Emissions by Gas Chromatography).
Sterilization Facilities.
Method 308, Procedure for Deter- Pulp and paper mills required to use
mination of Methanol Emissions
Method 308 under 40 CFR part 63.
from Stationary Sources.
Method 306, Determination of Chro- Sources subject to 40 CFR part 63,
mium Emissions from Decorative
subpart N, National Emission
and Hard Chromium Electroplating
Standards for Chromium Emissions
and Chromium Anodizing Operfrom Hard and Decorative Chroations—Isokinetic Method.
mium Electroplating and Chromium
Anodizing Tanks.
Method 2, Determination of Stack Gas Sources required to use Method 2
Velocity and Volumetric Flow Rate
under 40 CFR parts 60, 61, or 63.
(Type S Pitot Tube).
Alternative test methods and
procedures are necessary for various
reasons. In some cases, there are
inherent restrictions in test methods
which warrant a deviation from a
specific requirement in the method. For
example, the sampling equipment
specified in Method 5 is not appropriate
at stack temperatures greater than 1200
degrees Fahrenheit, and in such cases,
water-cooled probes are necessary. As
another example, it is problematic to
measure volatile organic compounds
(VOCs) at concentrations below 50 parts
per million (ppm) using Method 25 (40
CFR part 60, appendix A), so other
methods (notably Method 25A) have
been approved for this situation. Also,
new and improved testing techniques
are developed over time. As pollution
controls improve and emissions
decrease, it may be necessary or
desirable to utilize newer methods with
advantages such as lower detection
limits.
The EPA Administrator has the
authority to approve the use of
alternative test methods to comply with
requirements under 40 CFR parts 60, 61,
and 63. This authority is found in
§§ 60.8(b)(3), 61.13(h)(1)(ii), and
63.7(e)(2)(ii). In 40 CFR part 63, § 63.2,
VerDate Aug<31>2005
For . . .
15:36 Jan 29, 2007
Jkt 211001
test method is defined as ‘‘the validated
procedure for sampling, preparing, and
analyzing for an air pollutant specified
in a relevant standard as the
performance test procedure. The test
method may include methods described
in an appendix of this chapter, test
methods incorporated by reference in
this part, or methods validated for an
application through procedures in
Method 301 of appendix A of this part.’’
The term ‘‘reference method’’ is used in
40 CFR parts 60 and 61 instead of the
term ‘‘test method.’’ In 40 CFR part 60,
reference method means ‘‘any method of
sampling and analyzing for an air
pollutant as specified in the applicable
subpart.’’ The definition in 40 CFR part
61 is similar. For simplicity, we use the
term ‘‘test method’’ in this notice to
refer to both ‘‘test methods’’ under 40
CFR part 63 and ‘‘reference methods’’
under 40 CFR parts 60 and 61. Citations
and definitions in all three of these parts
refer to the use of alternatives to test (or
reference) methods. Under 40 CFR part
60, alternative method means ‘‘any
method of sampling and analyzing for
an air pollutant which is not a reference
or equivalent method but which has
been demonstrated to the EPA
Administrator’s satisfaction to, in
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
Use Method 316 to measure formaldehyde emissions in lieu of Method 18.
Use CARB Method 431 in lieu of procedures (including Method 18) in 40
CFR § 63.365.
Use NCASI Chilled Water/Impinger/
Silica Gel Tube Test Method in lieu
of Method 308
Use SCAQMD Method 205.1 in lieu of
Method 306.
Use Method 2G (three-dimensional
probe), Method 2F (two-dimensional
probe), or Method 2H (taking into
account velocity decay near stack
wall) in lieu of Method 2, as appropriate.
specific cases, produce results adequate
for his determination of compliance.’’
Again, 40 CFR part 61 contains a similar
definition. 40 CFR part 63 defines
alternative test method as ‘‘any method
of sampling and analyzing for an air
pollutant that is not a test method in
this chapter and that has been
demonstrated to the EPA
Administrator’s satisfaction, using
Method 301 in appendix A of this part,
to produce results adequate for the EPA
Administrator’s determination that it
may be used in place of a test method
specified in this part.’’
Over the years, we have performed
thorough technical reviews of numerous
requests for alternatives and
modifications to test methods and
procedures. Based on these experiences,
we have found that often, these changes
or alternatives would be equally valid
and appropriate to apply to other
sources within a particular class,
category, or subcategory. Consequently,
we have concluded that where a method
modification or a change or alternative
is clearly broadly applicable to a class,
category, or subcategory of sources, it is
both more equitable and efficient to
approve its use for all appropriate
sources and situations at the same time.
E:\FR\FM\30JAN1.SGM
30JAN1
ycherry on PROD1PC64 with NOTICES
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
This approach would not change the
practical outcome of whether any
specific request would or would not be
approved. However, approving broadly
applicable alternative test methods
would expedite the approval process,
provide additional flexibility for the
regulated community, and reduce the
burden on source owners and operators,
the permitting authorities, and the EPA
Administrator. Where technically
appropriate, we will continue, as
always, to approve the use of an
alternative test method or modification
to a test method for a specific source
only. It is important to clarify that
alternative methods are not mandatory
but permissible. That is, no source is
required to employ such a method but
may choose to do so in appropriate
cases. By electing to use an alternative
method, the source owner or operator
consents to thereafter demonstrating
compliance with applicable
requirements based on the results of the
alternative method until approved to do
otherwise.
If you are aware of reasons why a
particular alternative test method
approval that we issue should not be
broadly applicable, we request that you
make us aware of the reasons within 60
days of the Federal Register notice
announcing the broad approval, and we
will revisit the broad approval.
Approvals for broadly applicable
alternative test methods will be
announced on our technology transfer
network Web site https://www.epa.gov/
ttn/emc/tmethods.html#CatB soon after
they are issued, as well as through
periodic notices of this kind. Likewise,
any objection to a broadly applicable
alternative test method as well as the
resolution to that objection will be
posted on the same Web site and
announced in the subsequent Federal
Register notice. If we should decide to
retract a broadly applicable alternative
test method, we would continue to grant
case-by-case approvals, as appropriate,
and would (and States should) consider
the need for an appropriate transition
period for users either to request caseby-case approval or to transition to an
approved method.
Section 63.90(a) of 40 CFR part 63
defines three categories of alternatives
or changes to test methods: minor
changes, intermediate changes, and
major changes. A major change to a test
method includes modifications using
‘‘unproven technology or procedures’’
(those not generally accepted by the
scientific community), entirely new
methods, or changes that apply to a
category or subcategory of affected
sources. Such changes will almost
always set a national precedent. Under
VerDate Aug<31>2005
15:36 Jan 29, 2007
Jkt 211001
40 CFR part 63, § 63.91(g), a State may
ask EPA to delegate the authority to
approve minor and intermediate, but
not major alternatives to test methods.
The Agency’s policy has been to retain
the authority to approve major changes
to test methods at the national level to
assure uniformity and technical quality
in the test methods used for
enforcement of national standards.
Likewise, broad approvals to alternative
test methods would be made only at the
national level or as part of a revision to
a State or Tribal implementation plan.
A. Criteria for Approval of Alternative
Methods
The definitions of ‘‘alternative
method’’ in 40 CFR parts 60 and 61 and
‘‘alternative test method’’ in 40 CFR part
63, establish the principal criterion for
approval of an alternative test method:
The EPA Administrator or his
authorized representative must be
satisfied that the test method alternative
will produce results adequate to
determine compliance. In other words,
the EPA Administrator or authorized
representative, such as a State having
delegated authority, generally must be
assured that a test method change
provides a determination of compliance
status at the same or greater stringency
as the test method specified in the
applicable regulation.
The General Provisions to 40 CFR part
63 provide a number of specifications
regarding the content and process for
alternative test method requests. In
particular, § 63.7(f)(2)(i) stipulates that
the source owner or operator must
notify the EPA Administrator of the
intent to use an alternative test method
at least 60 days before the performance
test is scheduled. Section 63.7(f)(2)
clarifies that a written application is
required for approval of an alternative
test method and specifies that the
submittal to the EPA Administrator
must include the results of the Method
301 validation process as well as
justification for not using the test
method specified in the applicable
subpart. The 40 CFR parts 60 and 61
General Provisions are less specific.
Nevertheless, based on our experience
in responding to hundreds of alternative
test method requests over the last 30
years, we ask that alternative test
method requests include the applicable
Federal regulation and test method, a
description of the process and controls
to which the alternative method will be
applied, a description of the alternative
testing procedures as well as the
justification for use of the alternative
and Method 301 validation data
required under 40 CFR part 63.
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
4261
B. Procedures for Submission and
Review of Alternative Methods
Considering that the different levels of
alternatives or changes to test methods
(minor, intermediate, and major) may be
acted on by differing levels of
government (e.g., State, local, and Tribal
agencies; EPA Regional Offices; or EPA
Headquarters), we recommend that the
owner/operator of an affected source
consult with the responsible agency to
determine how and to whom a request
for a particular request for an alternative
method should be submitted. Review
processes may vary depending on the
agency involved. The process described
here is typical of how EPA Headquarters
might handle a request for an alternative
test method. Upon our receipt of a
written request, the request is recorded
in our tracking system. Within a few
days of receipt of the request, a
technical expert determines whether or
not the request is complete (i.e.,
contains sufficient supporting data and
information). The technical expert then
acknowledges receipt of the request and
notifies the requester that we are
evaluating the request. The reviewer
evaluates the request and supporting
information to confirm that the
proposed alternative is justified,
technically sound, and that it will
produce results adequate to determine
compliance with the emission
standards. The reviewer analyzes all
necessary information to check the
accuracy and repeatability of the
alternative method. As previously
noted, § 63.7(f)(2)(iii) of 40 CFR part 63
specifies that the results of a Method
301 validation and justification for not
using the specified method must
accompany a request for approval to use
an alternative test method. Method 301,
Validation of Pollutant Measurement
Methods from Various Waste Media
includes procedures for determining
and documenting the systematic error
(i.e., bias) and random error (i.e.,
precision) of a measurement system.
The procedures involve introducing
known concentrations of an analyte or
comparing the test method against a
validated test method to determine the
method’s bias and collecting multiple or
co-located simultaneous samples to
determine the method’s precision.
Method 301 validation testing or data in
a form responsive to § 12 of Method 301
should also accompany requests for
major changes to test methods under
parts 60 and 61. During the review
process, all relevant documents (emails, letters, and other supporting
materials) are retained and filed. Once
the review process has been completed,
we issue an official letter providing
E:\FR\FM\30JAN1.SGM
30JAN1
4262
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
written notification of approval/
disapproval of the alternative test
method request under § 63.7(f)(3),
§ 60.8(b), or § 61.13(h)(1).
C. Recording and Publication
As noted earlier, approvals for
broadly applicable alternative test
methods will be announced on the
EPA’s Web site at https://www.epa.gov/
ttn/emc/tmethods.html#CatB as soon as
they are issued. The notification on our
Technology Transfer Network (TTN)
Web site will clearly indicate each class,
category, or subcategory of sources for
which the change or alternative test
method is approved. We intend to
publish a notice annually that
summarizes approvals for broadly
applicable alternative test methods.
Table 1 in this notice includes a
summary of broad approvals that have
been posted to the TTN. Complete
copies of these documents may be
obtained at https://www.epa.gov/ttn/
emc/tmethods.html#CatB.
Dated: January 19, 2007.
Jenny Noonan Edmonds,
Acting Director, Office of Air Quality
Planning, and Standards.
[FR Doc. E7–1338 Filed 1–29–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8274–3]
Access to Confidential Business
Information by Industrial Economics,
Inc. and Its Subcontractors, Cascadia
Consulting, DPRA, Inc., Energy and
Environmental Research Corporation
(A Subsidiary of General Electric)
(‘‘EERGC’’), ERG Corporation, Indtai,
Inc., Menzie Cura, Ross & Associates,
and RTI International
Environmental Protection
Agency (EPA).
ACTION: Notice of access to data and
request for comments.
ycherry on PROD1PC64 with NOTICES
AGENCY:
SUMMARY: EPA will authorize its
contractor, Industrial Economics, Inc.,
and its subcontractors, Cascadia
Consulting, DPRA, Inc., Energy and
Environmental Research Corporation (a
subsidiary of General Electric)
(‘‘EERGC’’), ERG Corporation, Indtai,
Inc., Menzie Cura, Ross & Associates,
and RTI International to access
Confidential Business Information (CBI)
which has been submitted to EPA under
the authority of all sections of the
Resource Conservation and Recovery
Act (RCRA) of 1976, as amended. EPA
has issued regulations (40 CFR Part 2,
VerDate Aug<31>2005
15:36 Jan 29, 2007
Jkt 211001
Subpart B) that outline business
confidentiality provisions for the
Agency and require all EPA Offices that
receive information designated by the
submitter as CBI to abide by these
provisions.
DATES: Access to confidential data
submitted to EPA will occur no sooner
than February 9, 2007.
ADDRESSES: Comments should be sent to
LaShan Haynes, Document Control
Officer, Office of Solid Waste (5305P),
U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Comments
should be identified as ‘‘Access to
Confidential Data.’’
FOR FURTHER INFORMATION CONTACT:
LaShan Haynes, Document Control
Officer, Office of Solid Waste (5305P),
U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, 703–605–0516.
SUPPLEMENTARY INFORMATION:
1. Access to Confidential Business
Information
Under EPA Contract No. EP–W–07–
011, Industrial Economics, Inc., and its
subcontractors, Cascadia Consulting,
DPRA, Inc., EERGC, ERG Corporation,
Indtai, Inc., Menzie Cura, Ross &
Associates, and RTI International will
assist the Economics, Methods, Risk
Analysis Division of the Office of Solid
Waste (OSW) with data and information
collection, analysis, and management;
regulatory assessment including costs,
benefits, and economic and other
impacts; program transformation,
evaluation and support; hazard,
exposure, and risk assessment support;
and, document preparation. OSW
collects data from industry to support
the RCRA hazardous waste regulatory
program. Some of the data collected
from industry are claimed by industry to
contain trade secrets or CBI. In
accordance with the provisions of 40
CFR Part 2, Subpart B, OSW has
established policies procedures for
handling information collected from
industry, under the authority of RCRA,
including RCRA Confidential Business
Information Security Manuals.
Industrial Economics, Inc., and its
subcontractors, Cascadia Consulting,
DPRA, Inc., EERGC, ERG Corporation,
Indtai, Inc., Menzie Cura, Ross &
Associates, and RTI International, shall
protect from unauthorized disclosure all
information designated as confidential
and shall abide by all RCRA CBI
requirements, including procedures
outlined in the RCRA CBI Security
Manual.
The U.S. Environmental Protection
Agency has issued regulations (40 CFR
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
Part 2, Subpart B) that outline business
confidentiality provisions for the
Agency and require all EPA Offices that
receive information designated by the
submitter as CBI to abide by these
provisions. Industrial Economics, Inc.,
and its subcontractors, Cascadia
Consulting, DPRA, Inc., EERGC, ERG
Corporation, Indtai, Inc., Menzie Cura,
Ross & Associates, and RTI International
will be authorized to have access to
RCRA CBI under the EPA ‘‘Contractor
Requirements for the Control and
Security of RCRA Confidential Business
Information Security Manual.’’
EPA is issuing this notice to inform
all submitters of information under all
sections of RCRA that EPA will provide
Industrial Economics, Inc. and its
subcontractors, Cascadia Consulting,
DPRA, Inc., EERGC, ERG Corporation,
Indtai, Inc., Menzie Cura, Ross &
Associates, and RTI International,
access to the CBI records located in the
RCRA Confidential Business
Information Center. Access to RCRA CBI
under this contract will take place at
EPA Headquarters only. Contractor
personnel will be required to sign nondisclosure agreements and will be
briefed on appropriate security
procedures before they are permitted
access to confidential information.
Dated: January 18, 2007.
Matthew Hale,
Director, Office of Solid Waste.
[FR Doc. E7–1424 Filed 1–29–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8274–5]
Proposed National Pollutant Discharge
Elimination System (NPDES) General
Permits for Storm Water Discharges
From Industrial Activities—Extension
of Comment Period
Environmental Protection
Agency (EPA).
ACTION: Notice; extension of comment
period.
AGENCY:
SUMMARY: On December 11, 2006 (71 FR
71540), EPA published a notice of the
availability of Seven (7) National
Pollutant Discharge Elimination System
(NPDES) General Permits for Storm
Water Discharges from Industrial
Activities and requested comments on
the draft by January 10, 2007. The
purpose of this notice is to extend this
comment period to February 13, 2007.
DATES: Comments on the proposed
general permits must be received by
February 13, 2007.
E:\FR\FM\30JAN1.SGM
30JAN1
]]>Agencies
[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4257-4262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1338]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8273-6]
Notice of Broadly Applicable Alternative Test Methods
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: This notice announces broadly applicable alternative test
method approval decisions that the Environmental Protection Agency has
made under and in support of the New Source Performance Standards and
the National Emission Standards for Hazardous Air Pollutants. Although
we have made both site-specific and broadly applicable alternative test
method approvals in the past, most recently we have issued only site-
or facility-specific approvals. This notice announces our plan to issue
broadly applicable alternative test method approvals in the future. We
will post these broadly applicable approvals on our technology transfer
network Web site as well as announce them in the Federal Register. The
publication of these broadly applicable alternative test method
approvals on our Web site will provide information about options and
flexibility for the regulated community. In addition, this information
may reduce the burden on source owners and operators in making site-
specific alternative test method requests and the permitting
authorities and the EPA
[[Page 4258]]
Administrator in processing those requests.
FOR FURTHER INFORMATION CONTACT: Broadly applicable alternative test
method approvals may be accessed from the EPA's Web site at https://
www.epa.gov/ttn/emc/tmethods.html#CatB. For questions about this
notice, contact Robin R. Segall, Air Quality Assessment Division,
Office of Air Quality Planning and Standards (E143-02), Environmental
Protection Agency, Research Triangle Park, NC 27711; telephone number
(919) 541-0893; fax number (919) 541-0893; e-mail address:
segall.robin@epa.gov. For technical questions about individual
alternative test method decisions, refer to the contact person
identified in the individual approval documents.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This announcement will be of interest to entities regulated under
40 CFR parts 60, 61, and 63 and State, local, Tribal agencies, and EPA
Regional Offices responsible for implementation and enforcement of
regulations under 40 CFR parts 60, 61, and 63.
B. How can I get copies of this information?
You may access copies of the broadly applicable alternative test
method approvals from the EPA's Web site at https://www.epa.gov/ttn/emc/
tmethods.html#CatB.
II. Background
Broadly applicable alternative test method approval decisions that
we have made in the past under the New Source Performance Standards
(NSPS), 40 CFR part 60 and the National Emission Standards for
Hazardous Air Pollutants (NESHAP), 40 CFR parts 61 and 63 are
identified in this notice (see Table 1). Most of our prior alternative
test method approvals have been on a facility-specific basis, but we
plan to issue more broad (i.e., source category-wide) alternative test
method approvals in the future, and we will post these broadly
applicable approvals on our technology transfer network Web site. We
will also announce them in the Federal Register. Source owners or
operators may voluntarily choose to use these broadly applicable
alternative test methods. Use of these alternatives does not change the
applicable emission standards.
Table 1.--Approved Alternative Test Methods and Modifications to Test Methods Under Appendices A or B in 40 CFR
Parts 60, 61, and 63
----------------------------------------------------------------------------------------------------------------
We are announcing alternative As an alternative or
number modification to . . . For . . . You may . . .
----------------------------------------------------------------------------------------------------------------
Alt-001............................ Method 7, Determination Sources required to use Measure NOX emissions
of Nitrogen Oxide Method 7 or 7A and when the SO2
Emissions from which have concentration is
Stationary Sources and concentrations of SO2 greater than 2100 ppm
Method 7A, greater than 2100 ppm. by either increasing
Determination of the absorbing solution
Nitrogen Oxide concentration or by
Emissions from using Method 7E, 40
Stationary Sources--Ion CFR, part 60, appendix
Chromatographic Method. A.
Alt-002............................ Methods 10 and 10B, Sources required to use Determine carbon
Determination of Carbon Methods 10, 10A, or 10B monoxide (CO)
Monoxide Emissions from in certifying emissions using gas
Stationary Sources and continuous emission tanks instead of
Method 10A, monitoring systems at Tedlar bags.
Determination of Carbon petroleum refineries.
Monoxide Emissions.
Alt-005............................ Method 5, Determination Sources required to use Use Teflon bags in lieu
of Particulate Method 5. of glass weighing
Emissions from dishes.
Stationary Sources.
Alt-006............................ Method 12, Determination Sources required to use Use Inductively Coupled
of Inorganic Lead Method 12. Plasma--Atomic
Emissions from Emission Spectrometry
Stationary Sources. (ICP-AES) to analyze
samples.
Alt-006............................ Method 101A, Sources required to use Use Inductively Coupled
Determination of Method 101A. Plasma--Atomic
Particulate and Gaseous Emission Spectrometry
Mercury Emissions from (ICP-AES) to analyze
Sewage Sludge samples.
Incinerators.
Alt-006............................ Method 104, Sources required to use Use Inductively Coupled
Determination of Method 104. Plasma--Atomic
Beryllium Emissions Emission Spectrometry
from Stationary Sources. (ICP-AES) to analyze
samples.
Alt-006............................ Method 108A, 40 CFR part Sources required to use Use Inductively Coupled
61, appendix B, Method 108A. Plasma--Atomic
Determination of Emission Spectrometry
Arsenic Content in Ore (ICP-AES) to analyze
Samples from Nonferrous samples.
Smelters.
Alt-008............................ Method 6, Determination Sources required to use Measure stack gas
of Sulfur Dioxide Method 6. moisture for
Emissions from correction of
Stationary Sources. pollutant
concentration and flow
rate.
Alt-010............................ Method 11, Determination Sources required to use Measure hydrogen
of Hydrogen Sulfide Method 11. sulfide using Method
Content of Fuel Gas 15 or 16 (40 CFR part
Streams in Petroleum 60, appendix A) in
Refineries. lieu of Method 11.
Alt-011............................ Method 2, Determination Sources required to use Check the thermocouple
of Stack Gas Velocity Method 2. calibration at a
and Volumetric Flow single point in lieu
Rate (Type S Pitot of two points.
Tube).
Alt-012............................ Method 5H, Determination Sources required to use Measure particulate
of Particulate Method 5H. emissions from a
Emissions from Wood woodstove stack one
Heaters from a Stack foot or less in
Location. diameter with gas flow
between 5 and 15 feet
per second, or from
stacks or ducts where
there is no
stratification of the
tracer gas.
[[Page 4259]]
Alt-014............................ Methods 306 and 306A, Sources required to use Omit the filtering of
Determination of Methods 306 and 306A. Sample Container No. 1
Chromium Emissions from when there is no
Decorative and Hard observable sediment in
Chromium Electroplating the impinger liquid
and Anodizing when sampling at
Operations. electroplating and
anodizing operations.
Alt-016............................ Method 14, Determination Sources required to use Use scintillation
of Fluoride Emissions Methods 14 and 14A. anemometers in lieu of
from Potroom Roof propeller anemometers
Monitors for Primary to determine effluent
Aluminum Plants; Method velocity from potroom
14A, Determination of roofs.
Total Fluoride
Emissions from Selected
Sources at Primary
Aluminum Production
Facilities.
Alt-017............................ Method 18, Measurement Sources required to use Use direct interface
of Gaseous Organic Method 18 or Method 106 gas chromatography/
Compound Emissions by under the subparts of mass spectrometry (GC/
Gas Chromatography, 40 CFR parts 60, 61, MS) in lieu of GC with
Method 106, and 63 specified in Alt- limitations specified.
Determination of Vinyl 017.
Chloride from
Stationary Sources.
Alt-018............................ Method 9, Visual Sources with multiple Allow a single visible
Determination of the emission points subject emission observer to
Opacity of Emissions to visible emissions conduct up to three
from Stationary Sources. observations under 40 visible emissions
CFR part 60, subpart observations from
LL, Standards of fugitive, stack, or
Performance for vent emission points
Metallic Mineral simultaneously.
Processing Plants and
subpart 000, Standards
of Performance for
Nonmetallic Mineral
Processing Plants.
Alt-019............................ Method 24, Determination Entities using Method 24 Use ASTM D6053-96 in
of Volatile Matter for analysis of lieu of Method 24 to
Content, Water Content, electrical insulating determine the VOC
Density, Volume Solids, varnishes. content in electrical
and Weight Solids of insulating varnishes.
Surface Coatings.
Alt-020............................ Method 204 of 40 CFR Bakery ovens required to Use the alternative
part 51, appendix M, use Method 204. procedure entitled
Criteria for and ``Negative Pressure
Verification of a Enclosure Qualitative
Permanent or Temporary Test Method for Bakery
Total Enclosure. Ovens'' to determine
capture efficiency.
Alt-021............................ Method 25A, Marine tank vessel Determine the total
Determination of Total loading operations. gaseous organic
Gaseous Organic concentration using
Concentration Using a Method 25B in lieu of
Flame Ionization Method 25A.
Analyzer.
Alt-022............................ Method 25C, Sources required to use Drill the sample probe
Determination of Method 25C. in one step without
Nonmethane Organic backfilling.
Compounds (NMOC) in MSW
Landfill Gases.
Alt-023............................ Method 25C, Sources required to use Use teflon lines
Determination of Method 25C. instead of stainless-
Nonmethane Organic steel liners; use leak
Compounds (NMOC) in MSW tight teflon tubing as
Landfill Gases. a sampling line; use
non-perforated probes
if they meet the gas
gap equivalent; use
composite samples from
different sample
probes in a single
vessel; use a hand-
driven pump and bag
setup for the probe
purge.
Alt-024............................ Method 25E, Sources required to use Use 40ml VOA vials as
Determination of Vapor Method 25E. alternative sampling
Phase Organic vessels.
Concentration in Waste
Samples.
Alt-025............................ Test methods, Sources required to use Use the Method 205 gas
performance multiple calibration dilution system in
specifications, and gas test methods. lieu of using multiple
quality assurance calibration gases.
requirements that
require the use of
multiple calibration
gases.
Alt-026............................ Method 18, Measurement Sources subject to 40 Use Method 316 to
of Gaseous Organic CFR, part 60, subpart measure formaldehyde
Compound Emissions by III, Standards of emissions in lieu of
Gas Chromatography. Performance for VOC Method 18.
Emissions From the
Synthetic Organic
Chemical Manufacturing
Industry Air Oxidation
Unit Processes.
[[Page 4260]]
Alt-027............................ Method 18, Measurement Sources subject to 40 Use Method 316 to
of Gaseous Organic CFR, part 63, subpart measure formaldehyde
Compound Emissions by F, National Emission emissions in lieu of
Gas Chromatography. Standards for Organic Method 18.
Hazardous Air
Pollutants from the
Synthetic Organic
Chemical Manufacturing
Industry and 40 CFR
part 63, subpart G,
National Emission
Standards for Organic
Hazardous Air
Pollutants from the
Synthetic Organic
Chemical Manufacturing
Industry for Process
Vents, Storage Vessels,
Transfer Operations,
and Wastewater.
Alt-028............................ Test procedures in 40 Ethylene oxide Use CARB Method 431 in
CFR Sec. 63.365 sterilizers subject to lieu of procedures
(including Method 18, 40 CFR part 63, subpart (including Method 18)
Measurement of Gaseous O, Ethylene Oxide in 40 CFR Sec.
Organic Compound Emissions Standards 63.365.
Emissions by Gas from Sterilization
Chromatography). Facilities.
Alt-029............................ Method 308, Procedure Pulp and paper mills Use NCASI Chilled Water/
for Determination of required to use Method Impinger/Silica Gel
Methanol Emissions from 308 under 40 CFR part Tube Test Method in
Stationary Sources. 63. lieu of Method 308
Alt-030............................ Method 306, Sources subject to 40 Use SCAQMD Method 205.1
Determination of CFR part 63, subpart N, in lieu of Method 306.
Chromium Emissions from National Emission
Decorative and Hard Standards for Chromium
Chromium Electroplating Emissions from Hard and
and Chromium Anodizing Decorative Chromium
Operations--Isokinetic Electroplating and
Method. Chromium Anodizing
Tanks.
Alt-031............................ Method 2, Determination Sources required to use Use Method 2G (three-
of Stack Gas Velocity Method 2 under 40 CFR dimensional probe),
and Volumetric Flow parts 60, 61, or 63. Method 2F (two-
Rate (Type S Pitot dimensional probe), or
Tube). Method 2H (taking into
account velocity decay
near stack wall) in
lieu of Method 2, as
appropriate.
----------------------------------------------------------------------------------------------------------------
Alternative test methods and procedures are necessary for various
reasons. In some cases, there are inherent restrictions in test methods
which warrant a deviation from a specific requirement in the method.
For example, the sampling equipment specified in Method 5 is not
appropriate at stack temperatures greater than 1200 degrees Fahrenheit,
and in such cases, water-cooled probes are necessary. As another
example, it is problematic to measure volatile organic compounds (VOCs)
at concentrations below 50 parts per million (ppm) using Method 25 (40
CFR part 60, appendix A), so other methods (notably Method 25A) have
been approved for this situation. Also, new and improved testing
techniques are developed over time. As pollution controls improve and
emissions decrease, it may be necessary or desirable to utilize newer
methods with advantages such as lower detection limits.
The EPA Administrator has the authority to approve the use of
alternative test methods to comply with requirements under 40 CFR parts
60, 61, and 63. This authority is found in Sec. Sec. 60.8(b)(3),
61.13(h)(1)(ii), and 63.7(e)(2)(ii). In 40 CFR part 63, Sec. 63.2,
test method is defined as ``the validated procedure for sampling,
preparing, and analyzing for an air pollutant specified in a relevant
standard as the performance test procedure. The test method may include
methods described in an appendix of this chapter, test methods
incorporated by reference in this part, or methods validated for an
application through procedures in Method 301 of appendix A of this
part.'' The term ``reference method'' is used in 40 CFR parts 60 and 61
instead of the term ``test method.'' In 40 CFR part 60, reference
method means ``any method of sampling and analyzing for an air
pollutant as specified in the applicable subpart.'' The definition in
40 CFR part 61 is similar. For simplicity, we use the term ``test
method'' in this notice to refer to both ``test methods'' under 40 CFR
part 63 and ``reference methods'' under 40 CFR parts 60 and 61.
Citations and definitions in all three of these parts refer to the use
of alternatives to test (or reference) methods. Under 40 CFR part 60,
alternative method means ``any method of sampling and analyzing for an
air pollutant which is not a reference or equivalent method but which
has been demonstrated to the EPA Administrator's satisfaction to, in
specific cases, produce results adequate for his determination of
compliance.'' Again, 40 CFR part 61 contains a similar definition. 40
CFR part 63 defines alternative test method as ``any method of sampling
and analyzing for an air pollutant that is not a test method in this
chapter and that has been demonstrated to the EPA Administrator's
satisfaction, using Method 301 in appendix A of this part, to produce
results adequate for the EPA Administrator's determination that it may
be used in place of a test method specified in this part.''
Over the years, we have performed thorough technical reviews of
numerous requests for alternatives and modifications to test methods
and procedures. Based on these experiences, we have found that often,
these changes or alternatives would be equally valid and appropriate to
apply to other sources within a particular class, category, or
subcategory. Consequently, we have concluded that where a method
modification or a change or alternative is clearly broadly applicable
to a class, category, or subcategory of sources, it is both more
equitable and efficient to approve its use for all appropriate sources
and situations at the same time.
[[Page 4261]]
This approach would not change the practical outcome of whether any
specific request would or would not be approved. However, approving
broadly applicable alternative test methods would expedite the approval
process, provide additional flexibility for the regulated community,
and reduce the burden on source owners and operators, the permitting
authorities, and the EPA Administrator. Where technically appropriate,
we will continue, as always, to approve the use of an alternative test
method or modification to a test method for a specific source only. It
is important to clarify that alternative methods are not mandatory but
permissible. That is, no source is required to employ such a method but
may choose to do so in appropriate cases. By electing to use an
alternative method, the source owner or operator consents to thereafter
demonstrating compliance with applicable requirements based on the
results of the alternative method until approved to do otherwise.
If you are aware of reasons why a particular alternative test
method approval that we issue should not be broadly applicable, we
request that you make us aware of the reasons within 60 days of the
Federal Register notice announcing the broad approval, and we will
revisit the broad approval. Approvals for broadly applicable
alternative test methods will be announced on our technology transfer
network Web site https://www.epa.gov/ttn/emc/tmethods.html#CatB soon
after they are issued, as well as through periodic notices of this
kind. Likewise, any objection to a broadly applicable alternative test
method as well as the resolution to that objection will be posted on
the same Web site and announced in the subsequent Federal Register
notice. If we should decide to retract a broadly applicable alternative
test method, we would continue to grant case-by-case approvals, as
appropriate, and would (and States should) consider the need for an
appropriate transition period for users either to request case-by-case
approval or to transition to an approved method.
Section 63.90(a) of 40 CFR part 63 defines three categories of
alternatives or changes to test methods: minor changes, intermediate
changes, and major changes. A major change to a test method includes
modifications using ``unproven technology or procedures'' (those not
generally accepted by the scientific community), entirely new methods,
or changes that apply to a category or subcategory of affected sources.
Such changes will almost always set a national precedent. Under 40 CFR
part 63, Sec. 63.91(g), a State may ask EPA to delegate the authority
to approve minor and intermediate, but not major alternatives to test
methods. The Agency's policy has been to retain the authority to
approve major changes to test methods at the national level to assure
uniformity and technical quality in the test methods used for
enforcement of national standards. Likewise, broad approvals to
alternative test methods would be made only at the national level or as
part of a revision to a State or Tribal implementation plan.
A. Criteria for Approval of Alternative Methods
The definitions of ``alternative method'' in 40 CFR parts 60 and 61
and ``alternative test method'' in 40 CFR part 63, establish the
principal criterion for approval of an alternative test method: The EPA
Administrator or his authorized representative must be satisfied that
the test method alternative will produce results adequate to determine
compliance. In other words, the EPA Administrator or authorized
representative, such as a State having delegated authority, generally
must be assured that a test method change provides a determination of
compliance status at the same or greater stringency as the test method
specified in the applicable regulation.
The General Provisions to 40 CFR part 63 provide a number of
specifications regarding the content and process for alternative test
method requests. In particular, Sec. 63.7(f)(2)(i) stipulates that the
source owner or operator must notify the EPA Administrator of the
intent to use an alternative test method at least 60 days before the
performance test is scheduled. Section 63.7(f)(2) clarifies that a
written application is required for approval of an alternative test
method and specifies that the submittal to the EPA Administrator must
include the results of the Method 301 validation process as well as
justification for not using the test method specified in the applicable
subpart. The 40 CFR parts 60 and 61 General Provisions are less
specific. Nevertheless, based on our experience in responding to
hundreds of alternative test method requests over the last 30 years, we
ask that alternative test method requests include the applicable
Federal regulation and test method, a description of the process and
controls to which the alternative method will be applied, a description
of the alternative testing procedures as well as the justification for
use of the alternative and Method 301 validation data required under 40
CFR part 63.
B. Procedures for Submission and Review of Alternative Methods
Considering that the different levels of alternatives or changes to
test methods (minor, intermediate, and major) may be acted on by
differing levels of government (e.g., State, local, and Tribal
agencies; EPA Regional Offices; or EPA Headquarters), we recommend that
the owner/operator of an affected source consult with the responsible
agency to determine how and to whom a request for a particular request
for an alternative method should be submitted. Review processes may
vary depending on the agency involved. The process described here is
typical of how EPA Headquarters might handle a request for an
alternative test method. Upon our receipt of a written request, the
request is recorded in our tracking system. Within a few days of
receipt of the request, a technical expert determines whether or not
the request is complete (i.e., contains sufficient supporting data and
information). The technical expert then acknowledges receipt of the
request and notifies the requester that we are evaluating the request.
The reviewer evaluates the request and supporting information to
confirm that the proposed alternative is justified, technically sound,
and that it will produce results adequate to determine compliance with
the emission standards. The reviewer analyzes all necessary information
to check the accuracy and repeatability of the alternative method. As
previously noted, Sec. 63.7(f)(2)(iii) of 40 CFR part 63 specifies
that the results of a Method 301 validation and justification for not
using the specified method must accompany a request for approval to use
an alternative test method. Method 301, Validation of Pollutant
Measurement Methods from Various Waste Media includes procedures for
determining and documenting the systematic error (i.e., bias) and
random error (i.e., precision) of a measurement system. The procedures
involve introducing known concentrations of an analyte or comparing the
test method against a validated test method to determine the method's
bias and collecting multiple or co-located simultaneous samples to
determine the method's precision. Method 301 validation testing or data
in a form responsive to Sec. 12 of Method 301 should also accompany
requests for major changes to test methods under parts 60 and 61.
During the review process, all relevant documents (e-mails, letters,
and other supporting materials) are retained and filed. Once the review
process has been completed, we issue an official letter providing
[[Page 4262]]
written notification of approval/disapproval of the alternative test
method request under Sec. 63.7(f)(3), Sec. 60.8(b), or Sec.
61.13(h)(1).
C. Recording and Publication
As noted earlier, approvals for broadly applicable alternative test
methods will be announced on the EPA's Web site at https://www.epa.gov/
ttn/emc/tmethods.html#CatB as soon as they are issued. The notification
on our Technology Transfer Network (TTN) Web site will clearly indicate
each class, category, or subcategory of sources for which the change or
alternative test method is approved. We intend to publish a notice
annually that summarizes approvals for broadly applicable alternative
test methods.
Table 1 in this notice includes a summary of broad approvals that
have been posted to the TTN. Complete copies of these documents may be
obtained at https://www.epa.gov/ttn/emc/tmethods.html#CatB.
Dated: January 19, 2007.
Jenny Noonan Edmonds,
Acting Director, Office of Air Quality Planning, and Standards.
[FR Doc. E7-1338 Filed 1-29-07; 8:45 am]
BILLING CODE 6560-50-P
