Method 207-Pre-Survey Procedure for Corn Wet-Milling Facility Emission Sources, 30775-30782 [E8-11882]
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Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
(d) Enforcement period. This section
will be enforced from 7:30 p.m. to 9
p.m. on May 30, 2008.
Dated: May 16, 2008.
June E. Ryan,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. E8–11937 Filed 5–28–08; 8:45 am]
BILLING CODE 4910–15–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
40 CFR Part 51
2. Add temporary § 165.T–0046 to
read as follows:
Method 207—Pre-Survey Procedure for
Corn Wet-Milling Facility Emission
Sources
§ 165.T–0046
Carolina.
AGENCY:
I
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I
Trent River, New Bern, North
(a) Safety Zone. The safety zone
includes all waters within a 150 feet
radius of position 350°06′09″ North
77°02′15″ West, approximately one
hundred yards west of the Trent River
Swing Bridge, New Bern, North
Carolina. All coordinates reference
Datum NAD 1983.
(b) Definition:
(1) As used in this section; Captain of
the Port representative means any U.S.
Coast Guard commissioned, warrant or
petty officer who has been authorized
by the Captain of the Port, North
Carolina, to act on her behalf.
(c) Regulation:
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port,
North Carolina or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port and the
Sector Duty Officer at Sector North
Carolina can be contacted at (252) 247–
4570.
(4) The Captain of the Port
representative enforcing the safety zone
can be contacted on VHF–FM marine
band radio, channel 13 (156.65Mhz) and
channel 16 (156.8Mhz).
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[EPA–HQ–OAR–2007–0844, FRL–8572–1]
RIN 2060–A039
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: The EPA is taking direct final
action to add Method 207 to the
promulgated test methods in 40 CFR
Part 51. Appendix M contains
recommended test methods that are
provided for the States to use in their
State Implementation Plans. Therefore,
this method may be used as an
alternative to existing test methods for
measuring volatile organic compound
(VOC) emissions. This pre-survey
method was developed by the corn wetmilling industry specifically to VOC
mass emissions from processes within
the corn wet-milling industry. It
provides a systematic approach to
develop a specific list of target organic
compounds and the appropriate
methods to measure those target
compounds during subsequent VOC
emissions testing. After using the presurvey procedure, the tester will have
sufficient information to design a
comprehensive testing program using
Method 18 and other appropriate
methods to measure the mass of VOC
emissions during the actual emissions
testing. This method is an alternative to
existing test methods and does not add
any new reporting requirements to the
reporting requirements that already
exist. While it is an alternative method,
it is the recommended method for
measuring VOC mass emissions from
corn wet-milling facilities.
DATES: This direct final rule is effective
on August 27, 2008 without further
notice, unless EPA receives adverse
comment by June 30, 2008. If EPA
receives adverse comment, we will
publish a timely withdrawal in the
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Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
HQ–OAR–2007–0844, by one of the
following methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Attention Docket ID No. EPA–
HQ–OAR–2007–0844, U.S.
Environmental Protection Agency, EPA
West (Air Docket), Mail code: 2822T,
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a
total of two copies.
• Hand Delivery: U.S. Environmental
Protection Agency, EPA West (Air
Docket), 1301 Constitution Avenue,
Northwest, Room 3334, Washington, DC
20460, Attention Docket ID No. EPA–
HQ–OAR–2007–0844. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to
Docket ID No. EPA–HQ–OAR–2007–
0844. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
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viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket. All documents in the docket
are listed in the https://
www.regulations.gov index. 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,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West
Building, Room 3334, 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 Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Mr.
Gary McAlister, Air Quality Assessment
Division (E143–02), Office of Air
Quality Planning and Standards, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, telephone number: (919) 541–
1062, e-mail address:
mcalister.gary@epa.gov.
Table of Contents
I. General Information
A. Why Is EPA Using a Direct Final Rule?
B. Does This Action Apply to Me?
C. Judicial Review
II. Background
A. What Is the Basis for This New Method?
B. What Procedures Are Included in EPA
Method 207?
III. Statutory and Executive Order Reviews
A. Executive Order 12866—Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132—Federalism
F. Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045—Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898—Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Why Is EPA Using a Direct Final
Rule?
The EPA is publishing this rule
without a prior proposed rule because
we view this as a noncontroversial
NAICS a
Category
Industry .......................................................
State/local/tribal government ......................
a North
SUPPLEMENTARY INFORMATION:
311221
924110
B. Does This Action Apply to Me?
Method 207 affects/applies to the corn
wet-milling industry and is used
specifically to measure VOC mass
emissions from processes within the
corn wet-milling industry. Therefore,
the categories and entities potentially
regulated by this action include the
following:
Examples of regulated entities
Corn wet-milling.
State, local, and tribal air quality management programs that regulate corn wet-milling.
American Industry Classification System.
C. Judicial Review
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action and anticipate no adverse
comment. This action adds a method to
the list of recommended methods in 40
CFR Part 51, Appendix M. The method
may be used as an alternative method to
existing recommended methods, but it
is not required to be used by any
existing rule. In the ‘‘Proposed Rules’’
section of today’s Federal Register, we
are publishing a separate document that
will serve as the proposed rule to add
Method 207 to Appendix M in 40 CFR
Part 51 if adverse comments are
received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For Further information about
commenting on this rule, see the
ADDRESSES section of this document. If
EPA receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We would address all public
comments in any subsequent final rules
based on the proposed rule.
II. Background
Under section 307(b)(1) of the Clean
Air Act (CAA), judicial review of this
direct final rule is available by filing a
petition for review in the United States
Court of Appeals for the District of
Columbia Circuit by July 28, 2008. Only
those objections to this final rule that
were raised with reasonable specificity
during the period for public comment
may be raised during judicial review.
Under section 307 (b)(2) of the CAA, the
requirements that are the subject of this
direct final rule may not be challenged
later in civil or criminal proceedings
brought by EPA to enforce these
requirements.
A. What Is the Basis for This New
Method?
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The Method 207 Pre-Survey
Procedure for Corn Wet-Milling Facility
Emission Sources was developed in
collaboration with the corn wet-milling
industry (i.e., Corn Refiners Association
(CRA)) specifically to measure volatile
organic compound (VOC) mass
emissions from processes within their
facilities on an individual species basis.
The pre-survey procedure provides a
systematic approach to develop a
specific list of target organic compounds
and the appropriate sampling approach
to collect those target compounds
during subsequent VOC emissions
testing. After using the new pre-survey
procedure, the tester will have sufficient
information to design a comprehensive
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testing program using Method 18 and
other appropriate methods to measure
the mass of VOC emissions during the
actual emissions testing. The CRA
submitted their proposed procedures
and supporting information to the EPA
for review, and we concluded that it
was an acceptable procedure for
measuring VOC emissions from corn
wet-milling facilities.
For the purposes of measuring VOC
emissions from corn wet-milling
facilities, all of the sampling procedures
in Method 18 may be used, as well as
an additional sampling procedure using
water filled impingers to collect water
soluble VOC. This sampling procedure
is described in detail in Method 308 (40
CFR Part 63) and NCASI Method CI/SG/
PULP–94.03. The resulting water
samples should also be analyzed using
the procedures in Method 308 or NCASI
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Method CI/SG/PULP–94.03. If
formaldehyde is a target compound, it
may be collected with the water-filled
impinger collection system, but the
sample must be analyzed by procedures
other than those in EPA Method 18.
Examples of acceptable analytical
procedures are those in Method 316 (40
CFR Part 63) or NCASI Method CI/SG/
PULP–94.02.
B. What Procedures Are Included in
EPA Method 207?
In this action, we are amending Title
V, Part 51, Appendix M of the Code of
Federal Regulations (CFR) by adding a
new measurement technique for VOC
emissions from corn wet-milling
facilities, referred to as ‘‘EPA Method
207—Pre-Survey Procedure for Corn
Wet-Milling Facility Emission Sources.’’
This method provides procedures for
establishing analytes for subsequent
EPA Method 18 testing to determine the
total mass emissions of VOC from
sources at corn wet-milling facilities.
Objectives of the method include:
(1) Identification of physical
characteristics of the VOC contained in
the effluent;
(2) Determination of the appropriate
Method 18 sampling approach to ensure
efficient collection of all VOC present in
the effluent;
(3) Development of a specific list of
target compounds to be quantified
during the subsequent total VOC test
program; and
(4) Qualification of the list of target
compounds as being a true
representation of the total VOC.
The procedures call for using flame
ionization detection in conjunction with
various configurations of impingers, and
other absorbents, or adsorbents to
determine the best EPA Method 18
sampling train configuration for the
assessment and capture of VOC. Volatile
organic compound analytes present in
the exhaust air from production
processes located at corn wet-milling
facilities typically fall into five general
categories: Alcohols, aldehydes, acetate
esters, ketones, and carboxylic acids,
and typically contain fewer than six
carbon atoms.
III. Statutory and Executive Order
Reviews
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A. Executive Order 12866—Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is, therefore, not
subject to review under the EO.
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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. Burden is
defined at 5 CFR 1320.3(b). It adds a test
method to the recommended methods in
Appendix M of 40 CFR Part 51. This
method is an alternative to existing test
methods and does not add any new
reporting requirements to the reporting
requirements that already exist.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) 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; or (3) a small organization
that is any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
In determining whether a rule has a
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on a
substantial number of small entities,
since the primary purpose of the
regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule. This action
establishes voluntary alternative test
procedures for satisfying the
requirements of EPA Method 18,
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Section 16 (pre-survey), which are used
to determine the mass VOC emissions
from processes within the corn wetmilling industry, by specifying the
analytes for subsequent EPA Method 18
testing. This rule does not impose any
new requirements or create impacts on
small entities. Therefore, this action is
not expected to have a significant
economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4 establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
the EPA generally must prepare a
written statement, including a costbenefit 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 the EPA
to identify and consider a reasonable
number of regulatory alternatives and
adopts 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, more 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
official 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.
This 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. This rule imposes no
enforceable duty on any State, local or
tribal governments or the private sector.
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EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments. This action adds a
new test method for measuring VOC air
emissions to the recommended methods
in 40 CFR part 51. Because this method
is an alternative method, its use is
voluntary. It will not impose
requirements on State, local
governments, or tribal governments.
Thus, this action is not subject to the
requirements of sections 202 and 205 of
the UMRA.
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E. Executive Order 13132—Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires the 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’’ is 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 final 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. Because this
method is an alternative method, its use
is voluntary. It will not impose
substantial direct compliance costs on
State or local governments, nor will it
preempt State law. Thus, Executive
Order 13132 does not apply to this rule.
F. Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 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. The final action
would add a test method that could be
used as an alternative to existing
methods. It does not add any new
requirements and does not affect VOC
emissions or air quality. Thus,
Executive Order 13175 does not apply
to this action.
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G. Executive Order 13045—Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This rule 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, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards 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, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs EPA
to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
The rulemaking involves technical
standards. Therefore, the Agency
conducted a search to identify
potentially applicable voluntary
consensus standards. However, we
identified no such standards, and none
were brought to our attention in
comments. Therefore, EPA has decided
to use Method 207 to measure mass
VOC emissions from processes within
the corn-wet milling industry. This
method provides a systematic approach
to develop a specific list of target
organic compounds and the appropriate
methods to measure those target
compounds during subsequent VOC
emissions testing.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This action adds a new
test method for measuring VOC air
emissions to the recommended methods
in 40 CFR Part 51. It does not change
any existing rules that limit VOC air
emission limits.
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. 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 it
is published 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 on August 27, 2008.
List of Subjects in 40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Volatile organic compounds.
Dated: May 21, 2008.
Stephen L. Johnson,
Administrator.
For reasons stated in the preamble,
title 40, chapter I of the Code of Federal
Regulations is amended as follows:
I
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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,
et seq.
2. Part 51 is amended in appendix M
by adding Method 207 in numerical
order to read as follows:
I
Appendix M to Part 51—Recommended
Test Methods for State Implementation
Plans
*
*
*
*
*
METHOD 207—PRE-SURVEY PROCEDURE
FOR CORN WET-MILLING FACILITY
EMISSION SOURCES
1.0 Scope and Application
1.1 Analyte. Total gaseous organic
compounds.
1.2 Applicability. This pre-survey method
is intended for use at corn wet-milling
(CWM) facilities to satisfy the requirements
of Method 18, Section 16 (Pre-survey). This
procedure establishes the analytes for
subsequent Method 18 testing to determine
the total mass emissions of VOCs from
sources at CWM facilities. The specific
objectives of the pre-survey procedure are:
1.2.1 Identify the physical characteristics
of the VOC contained in the effluent.
1.2.2 Determine the appropriate Method
18 sampling approach to ensure efficient
collection of all VOC present in the effluent.
1.2.3 Develop a specific list of target
compounds to be quantified during the
subsequent total VOC test program.
1.2.4 Qualify the list of target compounds
as being a true representation of the total
VOC.
1.3 Range. The lower and upper ranges of
this procedure are determined by the
sensitivity of the flame ionization detector
(FID) instruments used. Typically, gas
detection limits for the VOCs will be on the
order of 1–5 ppmv, with the upper limit on
the order of 100,000 ppmv.
2.0
Summary of Method
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Note: Method 6, Method 18, and Method
25A as cited in this method refer to the
methods in 40 CFR Part 60, Appendix A.
This procedure calls for using an FIA in
conjunction with various configurations of
impingers, and other absorbents, or
adsorbents to determine the best EPA Method
18 sampling train configuration for the
assessment and capture of VOCs. VOC
compounds present in the exhaust gas from
processes located at CWM facilities fall into
five general categories: Alcohols, aldehydes,
acetate esters, ketones, and carboxylic acids,
and typically contain fewer than six carbon
atoms. This pre-survey protocol characterizes
and identifies the VOC species present. Since
it is qualitative in nature, quantitative
performance criteria do not apply.
3.0 Definitions
3.1 Calibration drift means the difference
in the measurement system response to a
mid-level calibration gas before and after a
stated period of operation during which no
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unscheduled maintenance, repair, or
adjustment took place.
3.2 Calibration error means the difference
between the gas concentration indicated by
the measurement system and the known
concentration of the calibration gas.
3.3 Calibration gas means a known
concentration of a gas in an appropriate
diluent gas.
3.4 Measurement system means the
equipment required for the determination of
the gas concentration. The system consists of
the following major subsystems:
3.4.1 Sample interface means that portion
of a system used for one or more of the
following: Sample acquisition, sample
transportation, sample conditioning, or
protection of the analyzer(s) from the effects
of the stack effluent.
3.4.2 Organic analyzer means that portion
of the measurement system that senses the
gas to be measured and generates an output
proportional to its concentration.
3.5 Response time means the time
interval from a step change in pollutant
concentration at the inlet to the emission
measurement system to the time at which 95
percent of the corresponding final value is
reached as displayed on the recorder.
3.6 Span Value means the upper limit of
a gas concentration measurement range that
is specified for affected source categories in
the applicable part of the regulations. The
span value is established in the applicable
regulation and is usually 1.5 to 2.5 times the
applicable emission limit. If no span value is
provided, use a span value equivalent to 1.5
to 2.5 times the expected concentration. For
convenience, the span value should
correspond to 100 percent of the recorder
scale.
3.7 Zero drift means the difference in the
measurement system response to a zero level
calibration gas before or after a stated period
of operation during which no unscheduled
maintenance, repair, or adjustment took
place.
4.0
Interferences [Reserved]
5.0
Safety [Reserved]
6.0 Equipment and Supplies
6.1 Organic Concentration Analyzer. A
flame ionization analyzer (FIA) with heated
detector block and sample handling system,
meeting the requirements of USEPA Method
25A.
6.2 Heated Sampling System. A sampling
system consisting of a stainless steel probe
with particulate filter, Teflon sample line,
and sampling pump capable of moving 1.0 l/
min through the sample probe and line. The
entire system from probe tip to FIA analyzer
must have the capability to maintain all
sample-wetted parts at a temperature >120°C.
A schematic of the heated sampling system
and impinger train is shown in Figure 1 of
this method.
6.3 Impinger Train. EPA Method 6 type,
comprised of three midget impingers with
appropriate connections to the sampling
system and FIA system. The impinger train
may be chilled in an ice bath or maintained
at a set temperature in a water bath as
indicated by the operator’s knowledge of the
source and the compounds likely to be
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present. Additional impingers or larger
impingers may be used for high moisture
sources.
6.4 Adsorbent tubes.
6.4.1 Silica gel, SKC Type 226–22 or
equivalent, with appropriate end connectors
and holders.
6.4.2 Activated carbon, SKC Type 226–84
or equivalent, with appropriate end
connectors and holders.
6.5 Tedlar bag. 24 liter, w/ Roberts valve,
for GC/MS analysis of ‘‘breakthrough’’ VOC
fraction as needed.
7.0 Reagents and Standards
7.1 Organic-free water, HPLC, or
pharmaceutical grade.
7.2 Calibration Gases. The calibration
gases for the gas analyzer shall be propane in
air or propane in nitrogen. If organic
compounds other than propane are used, the
appropriate corrections for response factor
must be available and applied to the results.
Calibration gases shall be prepared in
accordance with the procedure listed in
Citation 2 of section 16. Additionally, the
manufacturer of the cylinder must provide a
recommended shelf life for each calibration
gas cylinder over which the concentration
does not change more than ± 2 percent from
the certified value. For calibration gas values
not generally available (i.e., organics between
1 and 10 percent by volume), alternative
methods for preparing calibration gas
mixtures, such as dilution systems (Test
Method 205, 40 CFR Part 51, Appendix M),
may be used with prior approval of the
Administrator.
7.3 Fuel. A 40 percent H2/60 percent N2
or He gas mixture is recommended to avoid
an oxygen synergism effect that reportedly
occurs when oxygen concentration varies
significantly from a mean value.
7.4 Zero Gas. High purity air with less
than 0.1 parts per million by volume (ppmv)
of organic material (propane or carbon
equivalent) or less than 0.1 percent of the
span value, whichever is greater.
7.5 Low-level Calibration Gas. An organic
calibration gas with a concentration
equivalent to 25 to 35 percent of the
applicable span value.
7.6 Mid-level Calibration Gas. An organic
calibration gas with a concentration
equivalent to 45 to 55 percent of the
applicable span value.
7.7 High-level Calibration Gas. An
organic calibration gas with a concentration
equivalent to 80 to 90 percent of the
applicable span value.
8.0 Sample Collection, Preservation and
Storage
8.1 Configuration. The configuration of
the pre-survey sampling system is provided
in Figure 1. This figure shows the primary
components of the sampling system needed
to conduct a VOC survey. A dual-channel
analyzer is beneficial, but not necessary.
Only a single channel is indicated in the
figure.
8.2 Sampling. The pre-survey system
should be set up and calibrated with the
targeted sampling flow rate that will be used
during Method 18 VOC sampling. The
targeted flow rate for capture of most
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expected VOC species is 400 cc/min. Since
most FIA analyzers do not specifically allow
for adjusting the total sample flow rate (only
the back pressure), it may be necessary to
insert a flow control valve at the sample inlet
to the FIA. The total sample flow can be
measured at the FIA bypass, since only a
small fraction of the sample flow is diverted
to analysis portion of the instrument.
The sampling system configuration shown
in Figure 1 is operated using the process flow
diagram provided in Figure 2. As noted in
the process flowchart, the initial sampling
media consists of the three midget impingers.
The attenuation of the VOC sample stream is
evaluated to determine if 95 percent or
greater attenuation (capture) of the VOCs
present has been achieved. The flow diagram
specifies successive adjustments to the
sampling media that are utilized to increase
VOC capture.
A one-hour test of the final sampling
configuration is performed using fresh media
to ensure that significant breakthrough does
not occur. Additional sampling media (more
water, silica or carbon tubes) may be added
to ensure that breakthrough is not occurring
for the full duration of a test run.
If 95 percent or greater attenuation has not
been achieved after inserting all indicated
media, the most likely scenario is that
methane is present. This is easily checked by
collecting a sample of this final bypass
sample stream and analyzing for methane.
There are other VOC compounds which
could also penetrate the media. Their
identification by gas chromatography
followed by mass spectrometry would be
required if the breakthrough cannot be
accounted for by the presence of methane.
blanks are prepared by assembling and
charging the sample train with reagents, then
recovering and preserving the blanks in the
same manner as the test samples. Method
blanks and test samples are stored,
transported and analyzed in identical fashion
as the test samples.
9.2 Synthetic Sample (optional). A
synthetic sample may be used to assess the
performance of the VOC characterization
apparatus with respect to specific
compounds. The synthetic sample is
prepared by injecting appropriate volume(s)
of the compounds of interest into a Tedlar
bag containing a known volume of zero air
or nitrogen. The contents of the bag are
allowed to equilibrate, and the bag is
connected to the sampling system. The
sampling system, VOC characterization
apparatus and FIA are operated normally to
determine the performance of the system
with respect to the VOC compounds present
in the synthetic sample.
known peak area to total peak area is 95%
or greater. It should be noted that if
formaldehyde is a suspected analyte, it must
be quantitated separately using a different
analytical technique.
10.0
9.0
11.1 Analytical Procedure. Upon
completion of the pre-survey sampling, the
sample fractions are to be analyzed by an
appropriate chromatographic technique. (Ref:
Method 18) The resulting chromatograms
must be reviewed to ensure that the ratio of
Quality Control
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9.1 Blanks. A minimum of one method
blank shall be prepared and analyzed for
each sample medium employed during a presurvey testing field deployment to assess the
effect of media contamination. Method
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Calibration and Standardization
10.1 Calibration. The FIA equipment is
able to be calibrated for almost any range of
total organic concentrations. For high
concentrations of organics
(>1.0 percent by volume as propane),
modifications to most commonly available
analyzers are necessary. One accepted
method of equipment modification is to
decrease the size of the sample to the
analyzer through the use of a smaller
diameter sample capillary. Direct and
continuous measurement of organic
concentration is a necessary consideration
when determining any modification design.
11.0
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12.0
Data Analysis and Calculations
Chromatogram peaks will be ranked from
greatest area to least area using peak
integrator output. The area of all peaks will
then be totaled, and the proportion of each
peak area to the total area will be calculated.
Beginning with the highest ranked area, each
peak will be identified and the area added to
previous areas until the cumulative area
comprises at least 95% of the total area. The
VOC compounds generating those identified
peaks will comprise the compound list to be
used in Method 18 testing of the subject
source.
13.0
Method Performance [Reserved]
14.0
Pollution Prevention [Reserved]
15.0
Waste Management [Reserved]
16.0
References
16.1 CFR 40 Part 60, Appendix A,
Method 18, Measurement of Gaseous Organic
Compound Emissions by Gas
Chromatography.
16.2 CFR 40 Part 60, Appendix A,
Method 25A, Determination of Total Gaseous
Organic Concentration Using a Flame
Ionization Analyzer.
16.2 CFR 40 Part 60, Appendix A,
Method 6, Determination of Sulfur Dioxide
Emissions from Stationary Sources.
16.3 National Council for Air and Stream
Improvement (NCASI), Method CI/WP–98.01
‘‘Chilled Impinger Method for Use at Wood
Products Mills to Measure Formaldehyde,
Methanol, and Phenol.
17. Tables, Diagrams, Flowcharts, and
Validation Data
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[FR Doc. E8–11882 Filed 5–28–08; 8:45 am]
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BILLING CODE 6560–50–C
Agencies
[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30775-30782]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11882]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2007-0844, FRL-8572-1]
RIN 2060-A039
Method 207--Pre-Survey Procedure for Corn Wet-Milling Facility
Emission Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking direct final action to add Method 207 to the
promulgated test methods in 40 CFR Part 51. Appendix M contains
recommended test methods that are provided for the States to use in
their State Implementation Plans. Therefore, this method may be used as
an alternative to existing test methods for measuring volatile organic
compound (VOC) emissions. This pre-survey method was developed by the
corn wet-milling industry specifically to VOC mass emissions from
processes within the corn wet-milling industry. It provides a
systematic approach to develop a specific list of target organic
compounds and the appropriate methods to measure those target compounds
during subsequent VOC emissions testing. After using the pre-survey
procedure, the tester will have sufficient information to design a
comprehensive testing program using Method 18 and other appropriate
methods to measure the mass of VOC emissions during the actual
emissions testing. This method is an alternative to existing test
methods and does not add any new reporting requirements to the
reporting requirements that already exist. While it is an alternative
method, it is the recommended method for measuring VOC mass emissions
from corn wet-milling facilities.
DATES: This direct final rule is effective on August 27, 2008 without
further notice, unless EPA receives adverse comment by June 30, 2008.
If EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2007-0844, by one of the following methods:
https://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-9744.
Mail: Attention Docket ID No. EPA-HQ-OAR-2007-0844, U.S.
Environmental Protection Agency, EPA West (Air Docket), Mail code:
2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please
include a total of two copies.
Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334,
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2007-0844.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0844. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through https://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
[[Page 30776]]
viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at https://www.epa.gov/epahome/
dockets.htm.
Docket. All documents in the docket are listed in the https://
www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air and Radiation
Docket and Information Center, EPA/DC, EPA West Building, Room 3334,
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 Docket is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Gary McAlister, Air Quality
Assessment Division (E143-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, telephone number: (919) 541-1062, e-mail
address: mcalister.gary@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Why Is EPA Using a Direct Final Rule?
B. Does This Action Apply to Me?
C. Judicial Review
II. Background
A. What Is the Basis for This New Method?
B. What Procedures Are Included in EPA Method 207?
III. Statutory and Executive Order Reviews
A. Executive Order 12866--Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132--Federalism
F. Executive Order 13175--Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045--Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211, Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898--Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Why Is EPA Using a Direct Final Rule?
The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. This action adds a method to the list of recommended
methods in 40 CFR Part 51, Appendix M. The method may be used as an
alternative method to existing recommended methods, but it is not
required to be used by any existing rule. In the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposed rule to add Method 207 to
Appendix M in 40 CFR Part 51 if adverse comments are received on this
direct final rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For Further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We would
address all public comments in any subsequent final rules based on the
proposed rule.
B. Does This Action Apply to Me?
Method 207 affects/applies to the corn wet-milling industry and is
used specifically to measure VOC mass emissions from processes within
the corn wet-milling industry. Therefore, the categories and entities
potentially regulated by this action include the following:
------------------------------------------------------------------------
Examples of regulated
Category NAICS \a\ entities
------------------------------------------------------------------------
Industry......................... 311221 Corn wet-milling.
State/local/tribal government.... 924110 State, local, and tribal
air quality management
programs that regulate
corn wet-milling.
------------------------------------------------------------------------
\a\ North American Industry Classification System.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this direct final rule is available by filing a petition for review
in the United States Court of Appeals for the District of Columbia
Circuit by July 28, 2008. Only those objections to this final rule that
were raised with reasonable specificity during the period for public
comment may be raised during judicial review. Under section 307 (b)(2)
of the CAA, the requirements that are the subject of this direct final
rule may not be challenged later in civil or criminal proceedings
brought by EPA to enforce these requirements.
II. Background
A. What Is the Basis for This New Method?
The Method 207 Pre-Survey Procedure for Corn Wet-Milling Facility
Emission Sources was developed in collaboration with the corn wet-
milling industry (i.e., Corn Refiners Association (CRA)) specifically
to measure volatile organic compound (VOC) mass emissions from
processes within their facilities on an individual species basis. The
pre-survey procedure provides a systematic approach to develop a
specific list of target organic compounds and the appropriate sampling
approach to collect those target compounds during subsequent VOC
emissions testing. After using the new pre-survey procedure, the tester
will have sufficient information to design a comprehensive testing
program using Method 18 and other appropriate methods to measure the
mass of VOC emissions during the actual emissions testing. The CRA
submitted their proposed procedures and supporting information to the
EPA for review, and we concluded that it was an acceptable procedure
for measuring VOC emissions from corn wet-milling facilities.
For the purposes of measuring VOC emissions from corn wet-milling
facilities, all of the sampling procedures in Method 18 may be used, as
well as an additional sampling procedure using water filled impingers
to collect water soluble VOC. This sampling procedure is described in
detail in Method 308 (40 CFR Part 63) and NCASI Method CI/SG/PULP-
94.03. The resulting water samples should also be analyzed using the
procedures in Method 308 or NCASI
[[Page 30777]]
Method CI/SG/PULP-94.03. If formaldehyde is a target compound, it may
be collected with the water-filled impinger collection system, but the
sample must be analyzed by procedures other than those in EPA Method
18. Examples of acceptable analytical procedures are those in Method
316 (40 CFR Part 63) or NCASI Method CI/SG/PULP-94.02.
B. What Procedures Are Included in EPA Method 207?
In this action, we are amending Title V, Part 51, Appendix M of the
Code of Federal Regulations (CFR) by adding a new measurement technique
for VOC emissions from corn wet-milling facilities, referred to as
``EPA Method 207--Pre-Survey Procedure for Corn Wet-Milling Facility
Emission Sources.'' This method provides procedures for establishing
analytes for subsequent EPA Method 18 testing to determine the total
mass emissions of VOC from sources at corn wet-milling facilities.
Objectives of the method include:
(1) Identification of physical characteristics of the VOC contained
in the effluent;
(2) Determination of the appropriate Method 18 sampling approach to
ensure efficient collection of all VOC present in the effluent;
(3) Development of a specific list of target compounds to be
quantified during the subsequent total VOC test program; and
(4) Qualification of the list of target compounds as being a true
representation of the total VOC.
The procedures call for using flame ionization detection in
conjunction with various configurations of impingers, and other
absorbents, or adsorbents to determine the best EPA Method 18 sampling
train configuration for the assessment and capture of VOC. Volatile
organic compound analytes present in the exhaust air from production
processes located at corn wet-milling facilities typically fall into
five general categories: Alcohols, aldehydes, acetate esters, ketones,
and carboxylic acids, and typically contain fewer than six carbon
atoms.
III. Statutory and Executive Order Reviews
A. Executive Order 12866--Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under the EO.
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.
Burden is defined at 5 CFR 1320.3(b). It adds a test method to the
recommended methods in Appendix M of 40 CFR Part 51. This method is an
alternative to existing test methods and does not add any new reporting
requirements to the reporting requirements that already exist.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) 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; or (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on a substantial number of small
entities, since the primary purpose of the regulatory flexibility
analyses is to identify and address regulatory alternatives ``which
minimize any significant economic impact of the rule on small
entities.'' U.S.C. 603 and 604. Thus, an agency may certify that a rule
will not have a significant economic impact on a substantial number of
small entities if the rule relieves regulatory burden, or otherwise has
a positive economic effect on all of the small entities subject to the
rule. This action establishes voluntary alternative test procedures for
satisfying the requirements of EPA Method 18, Section 16 (pre-survey),
which are used to determine the mass VOC emissions from processes
within the corn wet-milling industry, by specifying the analytes for
subsequent EPA Method 18 testing. This rule does not impose any new
requirements or create impacts on small entities. Therefore, this
action is not expected to have a significant economic impact on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4 establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
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 the EPA to identify and consider a reasonable number of
regulatory alternatives and adopts 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, more 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 official 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.
This 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. This rule imposes no enforceable
duty on any State, local or tribal governments or the private sector.
[[Page 30778]]
EPA has determined that this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. This
action adds a new test method for measuring VOC air emissions to the
recommended methods in 40 CFR part 51. Because this method is an
alternative method, its use is voluntary. It will not impose
requirements on State, local governments, or tribal governments. Thus,
this action is not subject to the requirements of sections 202 and 205
of the UMRA.
E. Executive Order 13132--Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires the 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'' is 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 final 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. Because this method is an
alternative method, its use is voluntary. It will not impose
substantial direct compliance costs on State or local governments, nor
will it preempt State law. Thus, Executive Order 13132 does not apply
to this rule.
F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 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. The final
action would add a test method that could be used as an alternative to
existing methods. It does not add any new requirements and does not
affect VOC emissions or air quality. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule 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, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards 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, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
The rulemaking involves technical standards. Therefore, the Agency
conducted a search to identify potentially applicable voluntary
consensus standards. However, we identified no such standards, and none
were brought to our attention in comments. Therefore, EPA has decided
to use Method 207 to measure mass VOC emissions from processes within
the corn-wet milling industry. This method provides a systematic
approach to develop a specific list of target organic compounds and the
appropriate methods to measure those target compounds during subsequent
VOC emissions testing.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action adds a new test method for measuring VOC air
emissions to the recommended methods in 40 CFR Part 51. It does not
change any existing rules that limit VOC air emission limits.
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. 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 it is published 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 on August 27, 2008.
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Volatile organic
compounds.
Dated: May 21, 2008.
Stephen L. Johnson,
Administrator.
0
For reasons stated in the preamble, title 40, chapter I of the Code of
Federal Regulations is amended as follows:
[[Page 30779]]
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, et seq.
0
2. Part 51 is amended in appendix M by adding Method 207 in numerical
order to read as follows:
Appendix M to Part 51--Recommended Test Methods for State
Implementation Plans
* * * * *
METHOD 207--PRE-SURVEY PROCEDURE FOR CORN WET-MILLING FACILITY EMISSION
SOURCES
1.0 Scope and Application
1.1 Analyte. Total gaseous organic compounds.
1.2 Applicability. This pre-survey method is intended for use at
corn wet-milling (CWM) facilities to satisfy the requirements of
Method 18, Section 16 (Pre-survey). This procedure establishes the
analytes for subsequent Method 18 testing to determine the total
mass emissions of VOCs from sources at CWM facilities. The specific
objectives of the pre-survey procedure are:
1.2.1 Identify the physical characteristics of the VOC contained
in the effluent.
1.2.2 Determine the appropriate Method 18 sampling approach to
ensure efficient collection of all VOC present in the effluent.
1.2.3 Develop a specific list of target compounds to be
quantified during the subsequent total VOC test program.
1.2.4 Qualify the list of target compounds as being a true
representation of the total VOC.
1.3 Range. The lower and upper ranges of this procedure are
determined by the sensitivity of the flame ionization detector (FID)
instruments used. Typically, gas detection limits for the VOCs will
be on the order of 1-5 ppmv, with the upper limit on the order of
100,000 ppmv.
2.0 Summary of Method
Note: Method 6, Method 18, and Method 25A as cited in this
method refer to the methods in 40 CFR Part 60, Appendix A.
This procedure calls for using an FIA in conjunction with
various configurations of impingers, and other absorbents, or
adsorbents to determine the best EPA Method 18 sampling train
configuration for the assessment and capture of VOCs. VOC compounds
present in the exhaust gas from processes located at CWM facilities
fall into five general categories: Alcohols, aldehydes, acetate
esters, ketones, and carboxylic acids, and typically contain fewer
than six carbon atoms. This pre-survey protocol characterizes and
identifies the VOC species present. Since it is qualitative in
nature, quantitative performance criteria do not apply.
3.0 Definitions
3.1 Calibration drift means the difference in the measurement
system response to a mid-level calibration gas before and after a
stated period of operation during which no unscheduled maintenance,
repair, or adjustment took place.
3.2 Calibration error means the difference between the gas
concentration indicated by the measurement system and the known
concentration of the calibration gas.
3.3 Calibration gas means a known concentration of a gas in an
appropriate diluent gas.
3.4 Measurement system means the equipment required for the
determination of the gas concentration. The system consists of the
following major subsystems:
3.4.1 Sample interface means that portion of a system used for
one or more of the following: Sample acquisition, sample
transportation, sample conditioning, or protection of the
analyzer(s) from the effects of the stack effluent.
3.4.2 Organic analyzer means that portion of the measurement
system that senses the gas to be measured and generates an output
proportional to its concentration.
3.5 Response time means the time interval from a step change in
pollutant concentration at the inlet to the emission measurement
system to the time at which 95 percent of the corresponding final
value is reached as displayed on the recorder.
3.6 Span Value means the upper limit of a gas concentration
measurement range that is specified for affected source categories
in the applicable part of the regulations. The span value is
established in the applicable regulation and is usually 1.5 to 2.5
times the applicable emission limit. If no span value is provided,
use a span value equivalent to 1.5 to 2.5 times the expected
concentration. For convenience, the span value should correspond to
100 percent of the recorder scale.
3.7 Zero drift means the difference in the measurement system
response to a zero level calibration gas before or after a stated
period of operation during which no unscheduled maintenance, repair,
or adjustment took place.
4.0 Interferences [Reserved]
5.0 Safety [Reserved]
6.0 Equipment and Supplies
6.1 Organic Concentration Analyzer. A flame ionization analyzer
(FIA) with heated detector block and sample handling system, meeting
the requirements of USEPA Method 25A.
6.2 Heated Sampling System. A sampling system consisting of a
stainless steel probe with particulate filter, Teflon[supreg] sample
line, and sampling pump capable of moving 1.0 l/min through the
sample probe and line. The entire system from probe tip to FIA
analyzer must have the capability to maintain all sample-wetted
parts at a temperature >120[deg]C. A schematic of the heated
sampling system and impinger train is shown in Figure 1 of this
method.
6.3 Impinger Train. EPA Method 6 type, comprised of three midget
impingers with appropriate connections to the sampling system and
FIA system. The impinger train may be chilled in an ice bath or
maintained at a set temperature in a water bath as indicated by the
operator's knowledge of the source and the compounds likely to be
present. Additional impingers or larger impingers may be used for
high moisture sources.
6.4 Adsorbent tubes.
6.4.1 Silica gel, SKC Type 226-22 or equivalent, with
appropriate end connectors and holders.
6.4.2 Activated carbon, SKC Type 226-84 or equivalent, with
appropriate end connectors and holders.
6.5 Tedlar bag. 24 liter, w/ Roberts valve, for GC/MS analysis
of ``breakthrough'' VOC fraction as needed.
7.0 Reagents and Standards
7.1 Organic-free water, HPLC, or pharmaceutical grade.
7.2 Calibration Gases. The calibration gases for the gas
analyzer shall be propane in air or propane in nitrogen. If organic
compounds other than propane are used, the appropriate corrections
for response factor must be available and applied to the results.
Calibration gases shall be prepared in accordance with the procedure
listed in Citation 2 of section 16. Additionally, the manufacturer
of the cylinder must provide a recommended shelf life for each
calibration gas cylinder over which the concentration does not
change more than 2 percent from the certified value.
For calibration gas values not generally available (i.e., organics
between 1 and 10 percent by volume), alternative methods for
preparing calibration gas mixtures, such as dilution systems (Test
Method 205, 40 CFR Part 51, Appendix M), may be used with prior
approval of the Administrator.
7.3 Fuel. A 40 percent H2/60 percent N2 or He gas mixture is
recommended to avoid an oxygen synergism effect that reportedly
occurs when oxygen concentration varies significantly from a mean
value.
7.4 Zero Gas. High purity air with less than 0.1 parts per
million by volume (ppmv) of organic material (propane or carbon
equivalent) or less than 0.1 percent of the span value, whichever is
greater.
7.5 Low-level Calibration Gas. An organic calibration gas with a
concentration equivalent to 25 to 35 percent of the applicable span
value.
7.6 Mid-level Calibration Gas. An organic calibration gas with a
concentration equivalent to 45 to 55 percent of the applicable span
value.
7.7 High-level Calibration Gas. An organic calibration gas with
a concentration equivalent to 80 to 90 percent of the applicable
span value.
8.0 Sample Collection, Preservation and Storage
8.1 Configuration. The configuration of the pre-survey sampling
system is provided in Figure 1. This figure shows the primary
components of the sampling system needed to conduct a VOC survey. A
dual-channel analyzer is beneficial, but not necessary. Only a
single channel is indicated in the figure.
8.2 Sampling. The pre-survey system should be set up and
calibrated with the targeted sampling flow rate that will be used
during Method 18 VOC sampling. The targeted flow rate for capture of
most
[[Page 30780]]
expected VOC species is 400 cc/min. Since most FIA analyzers do not
specifically allow for adjusting the total sample flow rate (only
the back pressure), it may be necessary to insert a flow control
valve at the sample inlet to the FIA. The total sample flow can be
measured at the FIA bypass, since only a small fraction of the
sample flow is diverted to analysis portion of the instrument.
The sampling system configuration shown in Figure 1 is operated
using the process flow diagram provided in Figure 2. As noted in the
process flowchart, the initial sampling media consists of the three
midget impingers. The attenuation of the VOC sample stream is
evaluated to determine if 95 percent or greater attenuation
(capture) of the VOCs present has been achieved. The flow diagram
specifies successive adjustments to the sampling media that are
utilized to increase VOC capture.
A one-hour test of the final sampling configuration is performed
using fresh media to ensure that significant breakthrough does not
occur. Additional sampling media (more water, silica or carbon
tubes) may be added to ensure that breakthrough is not occurring for
the full duration of a test run.
If 95 percent or greater attenuation has not been achieved after
inserting all indicated media, the most likely scenario is that
methane is present. This is easily checked by collecting a sample of
this final bypass sample stream and analyzing for methane. There are
other VOC compounds which could also penetrate the media. Their
identification by gas chromatography followed by mass spectrometry
would be required if the breakthrough cannot be accounted for by the
presence of methane.
9.0 Quality Control
9.1 Blanks. A minimum of one method blank shall be prepared and
analyzed for each sample medium employed during a pre-survey testing
field deployment to assess the effect of media contamination. Method
blanks are prepared by assembling and charging the sample train with
reagents, then recovering and preserving the blanks in the same
manner as the test samples. Method blanks and test samples are
stored, transported and analyzed in identical fashion as the test
samples.
9.2 Synthetic Sample (optional). A synthetic sample may be used
to assess the performance of the VOC characterization apparatus with
respect to specific compounds. The synthetic sample is prepared by
injecting appropriate volume(s) of the compounds of interest into a
Tedlar bag containing a known volume of zero air or nitrogen. The
contents of the bag are allowed to equilibrate, and the bag is
connected to the sampling system. The sampling system, VOC
characterization apparatus and FIA are operated normally to
determine the performance of the system with respect to the VOC
compounds present in the synthetic sample.
10.0 Calibration and Standardization
10.1 Calibration. The FIA equipment is able to be calibrated for
almost any range of total organic concentrations. For high
concentrations of organics (>1.0 percent by volume as propane),
modifications to most commonly available analyzers are necessary.
One accepted method of equipment modification is to decrease the
size of the sample to the analyzer through the use of a smaller
diameter sample capillary. Direct and continuous measurement of
organic concentration is a necessary consideration when determining
any modification design.
11.0 Procedure
11.1 Analytical Procedure. Upon completion of the pre-survey
sampling, the sample fractions are to be analyzed by an appropriate
chromatographic technique. (Ref: Method 18) The resulting
chromatograms must be reviewed to ensure that the ratio of known
peak area to total peak area is 95% or greater. It should be noted
that if formaldehyde is a suspected analyte, it must be quantitated
separately using a different analytical technique.
12.0 Data Analysis and Calculations
Chromatogram peaks will be ranked from greatest area to least
area using peak integrator output. The area of all peaks will then
be totaled, and the proportion of each peak area to the total area
will be calculated. Beginning with the highest ranked area, each
peak will be identified and the area added to previous areas until
the cumulative area comprises at least 95% of the total area. The
VOC compounds generating those identified peaks will comprise the
compound list to be used in Method 18 testing of the subject source.
13.0 Method Performance [Reserved]
14.0 Pollution Prevention [Reserved]
15.0 Waste Management [Reserved]
16.0 References
16.1 CFR 40 Part 60, Appendix A, Method 18, Measurement of
Gaseous Organic Compound Emissions by Gas Chromatography.
16.2 CFR 40 Part 60, Appendix A, Method 25A, Determination of
Total Gaseous Organic Concentration Using a Flame Ionization
Analyzer.
16.2 CFR 40 Part 60, Appendix A, Method 6, Determination of
Sulfur Dioxide Emissions from Stationary Sources.
16.3 National Council for Air and Stream Improvement (NCASI),
Method CI/WP-98.01 ``Chilled Impinger Method for Use at Wood
Products Mills to Measure Formaldehyde, Methanol, and Phenol.
17. Tables, Diagrams, Flowcharts, and Validation Data
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