Restructuring of the Stationary Source Audit Program, 28451-28466 [E9-13726]
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Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Proposed Rules
RTCA/DO–178B (Software Considerations in
Airborne Systems And Equipment
Certification) Level A software design
assurance level.
b. Design Environmental Requirements
Robinson must qualify the AP/SAS system
equipment to the appropriate environmental
level in the RTCA document DO–160F
(Environmental Conditions and Test
Procedures for Airborne Equipment), for all
relevant aspects. This must show that the
AP/SAS system performs its intended
function under any foreseeable operating
condition, which includes the expected
environment in which the AP/SAS is
intended to operate. Some of the main
considerations for environmental concerns
are installation locations and the resulting
exposure to environmental conditions for the
AP/SAS system equipment, including
considerations for other equipment that may
be affected environmentally by the AP/SAS
equipment installation. The level of
environmental qualification must be related
to the severity of the considered failure
condition and effects on the aircraft.
c. Test & Analysis Requirements
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Compliance with these requirements may
be shown by a variety of methods, which
typically consist of analysis, flight tests,
ground tests, and simulation, as a minimum.
Compliance methodology is partly related to
the associated failure condition category. If
the AP/SAS is a complex system, compliance
with the requirements for aspects of the AP/
SAS that can result in failure conditions
classified as Major may be shown by
analysis, in combination with appropriate
testing to validate the analysis. Compliance
with the requirements for aspects of the AP/
SAS that can result in failure conditions
classified as Hazardous/Severe-Major may be
shown by flight-testing in combination with
analysis and simulation, and the appropriate
testing to validate the analysis. Flight tests
may be limited for this classification of
failures due to safety considerations.
Compliance with the requirements for
aspects of the AP/SAS that can result in
failure conditions classified as Catastrophic
may be shown by analysis and validated by
appropriate testing in combination with
simulation. Very limited flight tests in
combination with simulation may be used as
a part of a showing of compliance for failures
in this classification. Flight tests are
performed only in circumstances that use
operational variations or extrapolations from
other flight performance aspects to address
flight safety.
Issued in Fort Worth, Texas, on June 11,
2009.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. E9–14103 Filed 6–15–09; 8:45 am]
BILLING CODE 4910–13–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51, 60, 61 and 63
[EPA–HQ–OAR–2008–0531; FRL–8917–3]
RIN 2060–AP23
Restructuring of the Stationary Source
Audit Program
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The action proposes
amendments to the General Provisions
to allow accredited providers to supply
stationary source audit samples and to
require sources to obtain and use these
samples from the accredited providers
instead of from EPA, as is the current
practice. In addition, this proposed rule
incorporates by reference Volume 3,
‘‘General Requirements for
Environmental Proficiency Test
Providers’’ adopted December 22, 2007,
as an example of an acceptable
accredited proficiency test sample
provider (APTSP) technical criteria
document. This document outlines the
criteria an accredited provider program
must meet for the samples to be
acceptable.
Requirements pertaining to the audit
samples have all been moved to the
General Provisions and have been
removed from the test methods because
the current language in the test methods
regarding audit samples is inconsistent
from method to method. Therefore,
deleting all references to audit samples
in the test methods eliminates any
possible confusion and inconsistencies.
Under this proposed amendment, the
requirement to use an audit sample
during a compliance test will apply to
all test methods for which a
commercially available audit exists.
DATES: Comments must be received on
or before July 16, 2009. Under the
Paperwork Reduction Act, comments on
the information collection provisions
are best assured of having full effect if
the Office of Management and Budget
(OMB) receives a copy of your
comments on or before July 16, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
HQ–OAR–2008–0531, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Comments may be sent by
electronic mail (e-mail) to a-and-rdocket@epa.gov, Attention Docket ID
No. EPA–HQ–OAR–2008–0531.
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• Fax: Fax your comments to: 202–
566–9744, Attention Docket ID No.
EPA–HQ–OAR–2008–0531.
• Mail: Send your comments to: Air
and Radiation Docket and Information
Center, Environmental Protection
Agency, Mail Code 2822T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460. Attention Docket ID No.
EPA–HQ–OAR–2008–0531. In addition,
please mail a copy of your comments on
the information collection provisions to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC
20503.
• Hand Delivery or Courier: Deliver
your comments to: EPA Docket Center,
1301 Constitution Ave., NW., Room
3334, Washington, DC. 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–2008–
0531. 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
viruses. For additional information
about EPA’s public docket, visit the EPA
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Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Proposed Rules
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 Restructuring of the Stationary
Source Audit Program Docket, EPA/DC,
EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington,
DC. This Docket Facility 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 Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: For
questions concerning today’s proposed
rule, contact Ms. Candace Sorrell, U.S.
EPA, Office of Air Quality Planning and
Standards, Air Quality Assessment
Division, Measurement Technology
Group (E143–02), Research Triangle
Park, NC 27711; telephone number:
(919) 541–1064; fax number: (919) 541–
0516; e-mail address:
sorrell.candace@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action would apply to you if you
operate a stationary source that is
NAICS a
Category
Industry .................................................................................................
Industry
Industry
Industry
Industry
Industry
Industry
a North
.................................................................................................
.................................................................................................
.................................................................................................
.................................................................................................
.................................................................................................
.................................................................................................
336111
336112
332410
332410
333611
324110
562213
322110
Examples of regulated entities
Surface Coating.
Industrial, Commercial, Institutional Steam Generating Units.
Electric Generating Units.
Stationary Gas Turbines.
Petroleum Refineries.
Municipal Waste Combustors.
Pulp and Paper Mills.
American Industry Classification System.
B. What Should I Consider as I Prepare
My Comments for EPA?
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subject to applicable requirements to
conduct compliance testing under 40
CFR parts 60, 61, and 63.
In addition, this action would apply
to you if Federal, State, or local agencies
take certain additional actions. For
example, this action would apply if
State or local agencies implement
regulations using any of the stationary
source compliance test methods in
Appendix M of Part 51 by adopting
these methods in rules or permits (either
by incorporation by reference or by
duplicating the method in its entirety).
The source categories and entities
potentially affected include, but are not
limited to, the following:
1. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Send or
deliver information identified as CBI
only to the following address: Roberto
Morales, OAQPS Document Control
Officer (C404–02), U.S. EPA, Office of
Air Quality Planning and Standards,
Research Triangle Park, NC 27711,
Attention Docket ID No. EPA–HQ–
OAR–2008–0531. Clearly mark the part
or all of the information that you claim
to be CBI. For CBI information in a disk
or CD–ROM that you mail to EPA, mark
the outside of the disk or CD–ROM as
CBI and then identify electronically
within the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
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• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
C. Where Can I Obtain a Copy of This
Action and Other Related Information?
In addition to being available in the
docket, an electronic copy of these
proposed amendments is also available
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on the Worldwide Web (https://
www.epa.gov/ttn) through the
Technology Transfer Network (TTN).
Following the Administrator’s signature,
a copy of the proposed amendment will
be posted on the TTN’s policy and
guidance page for newly proposed or
promulgated rules at https://
www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
D. How Is This Document Organized?
The information in this preamble is
organized as follows:
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My
Comments for EPA?
C. Where Can I Obtain a Copy of This
Document and Other Related
Information?
D. How Is This Document Organized?
II. Background
III. This Action
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
II. Background
Quality assurance is an important part
of evaluating the validity of compliance
test data. One way of checking the
quality of the data obtained during
compliance tests is to use audit samples.
Audit samples are samples whose true
value is known to the supplier but not
to the user and are analyzed alongside
the samples collected in the field during
the compliance test to evaluate the
quality of the data. In the past, there
were no private entities who supplied
stationary source audit samples, so EPA
provided them free of charge to
regulatory agencies. Over the past few
years with the emergence of field
sampling and laboratory accreditation
programs, there has been an increasing
need for such samples and a number of
private providers have emerged. EPA
believes it is no longer necessary for it
to supply audit samples and, therefore,
has decided to restructure the audit
program to allow private accredited
suppliers to provide audit samples to
industries for use in compliance testing
at stationary source facilities.
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III. This Action
This action proposes to revise the
General Provisions of Parts 51, 60, 61,
and 63 to allow accredited audit sample
providers to supply stationary source
audit samples and to require sources to
obtain and use these samples from the
accredited providers instead of from
EPA, as is the current practice. It also
revises test methods 5I, 6, 6A–C, 7, 7A–
D, 8, 15A, 16A, 18, 23, 25, 25C, 25D, 26,
26A, 104, 106, 108, 108A–C, 204A–F,
306, 306A, and 308 to delete any
language pertaining to audit samples. By
adding language to the General
Provisions of Parts 51, 60, 61 and 63, the
requirement to obtain and use audits for
stationary source compliance test using
EPA stationary source test methods is
expanded and clarified. The current
General Provisions and EPA test
methods are not consistent in their
language concerning the use or
availability of audit samples. This
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action will potentially increase the
number of test methods required to use
audit samples and will clarify how the
samples are to be obtained and used. By
clarifying the requirement for audit
samples and expanding their
availability through multiple providers,
EPA believes more audits will be used
during compliance tests and the overall
quality of the data used for determining
compliance will improve.
This action proposes minimum
requirements for the audit samples, the
accredited audit sample providers
(AASP), and the audit sample provider
acceditor (ASPA). The AASP is the
company that prepares and distributes
the audit samples and the ASPA is a
third-party organization that will
accredit and monitor the performance of
the AASPs. Both the AASP and the
ASPA must work with a voluntary
consensus standard body using the
consensus process to develop criteria
documents that describe how they will
function. The Federal Office of
Management and Budget Circular A–119
defines a voluntary consensus standards
body (VCSB) as one having the
following attributes: (i) Openness; (ii)
balance of interest; (iii) due process; (iv)
an appeals process; and (v) consensus,
which is general agreement, but not
necessarily unanimity, and includes a
process for attempting to resolve
objections by interested parties. As long
as all comments have been fairly
considered, each objector is advised of
the disposition of his or her objection(s)
and the reason(s) why, and the
consensus body members are given an
opportunity to change their votes after
reviewing the comments.
AASPs must be accredited by an
ASPA according to a technical criteria
document developed by a VCSB. There
may be many AASPs and more than one
ASPA and VCSB. We predict that
initially there will only be one VCSB.
An example of an acceptable accredited
proficiency test sample provider
(APTSP) technical criteria document is
Volume 3, ‘‘General Requirements for
Environmental Proficiency Test
Providers’’ adopted December 22, 2007,
(incorporated by reference—see § 60.17).
This document specifies the
requirements for providers who supply
proficiency test (PT) samples for
accrediting laboratories to perform
analysis of water and solid waste
samples and is an example of the type
of technical criteria document that
would be needed for providers of
stationary source audits.
This action proposes language that
outlines the responsibilities of the
regulated source owner or operator to
acquire and use an audit sample for all
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testing conducted to determine
compliance with an air emission limit.
The requirement would apply only if
there is a commercially available audit
for the test method used during the
compliance testing. The source owner,
operator or representative shall report
the results for the audit sample along
with a summary of the emission test
results for the audited pollutant to the
appropriate compliance authority.
This action proposes if there are no
audit samples available from the
AASPs, PT samples supplied by an
accredited proficiency test sample
provider (APTSP) may be used as an
alternative provided that they are
distributed as blind audit samples.
From a scientific standpoint, PT
samples and audit samples are identical.
Physically and chemically, the samples
are the same. However, the purpose of
the samples is slightly different. The PT
samples are designed to establish the
proficiency of a laboratory for
performing a specific method or
procedure as in a lab accreditation
program. The PT samples are typically
analyzed on a recurring schedule at
some specified time interval that is not
connected to any particular event. They
are only designed to demonstrate that
the laboratory has the capability to
properly analyze a particular kind of
sample by a particular method. Audit
samples by contrast are event driven.
They are designed to demonstrate that
during a particular test event, the tester
produced acceptable results for the
method or procedure that was used
during that test event. They are not
analyzed on a regular schedule, but they
are analyzed only during the particular
event (a compliance test for example)
that is being ‘‘audited’’. They must be
analyzed by the same analyst, using the
same equipment and materials that are
used to analyze the samples for which
the audit is being conducted.
In addition to allowing private AASPs
to provide audit samples for the
stationary source audit program, this
action shifts the burden of obtaining an
audit sample from the compliance
authority to the source. In the past, the
EPA provided the samples to the
compliance authorities at no cost, but
this action proposes to require the
source to purchase the samples from an
accredited provider. The samples will
vary in cost depending on the type of
audit sample required; however, the
cost will be a very small portion of the
cost of a compliance test (approximately
one percent). Based on historical data,
EPA estimates that the total cost to
industry to purchase audit samples will
be between $100,00 to $150,000 per year
at the current usage rate.
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IV. 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 (EO) 12866 (58 FR
51735, October 4, 1993) and is,
therefore, not subject to review under
the EO.
B. Paperwork Reduction Act
The information collection
requirements in this proposed rule have
been submitted for approval to the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR)
document prepared by EPA has been
assigned EPA ICR number 2355.01.
A regulated emission source
conducting a compliance test would
purchase an audit sample from an
AASP. The AASP would report the true
value of the audit sample to the
compliance authority (State, local or
EPA Regional Office). This is a new
reporting requirement. The AASP
would in most cases make the report by
electronic mail. A report would be made
for each audit sample that the AASP
sold to a regulated emission source that
was conducting an emissions test to
determine compliance with an emission
limit.
Based on historic data, EPA estimates
that there will be about 1000 audit
samples sold each year generating the
need for about 1000 reports which
corresponds to 80 hours burden or 0.08
hour per response for reporting and
recordkeeping. The estimated cost
burden is $5.05 per response or an
annual burden of $5,050. Burden means
the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, or disclose or
provide information to or for a federal
agency. This includes the time needed
to review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
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unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
To comment on the Agency’s need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, including the use of
automated collection techniques, EPA
has established a public docket for this
rule, which include this ICR, under
Docket ID number EPA–HQ–OAR–
2008–0531. Submit any comments
related to the ICR for this proposed rule
to EPA and OMB. See ADDRESSES
section at the beginning of this notice
for where to submit comments to EPA.
Send comments to OMB at the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street, NW., Washington, DC
20503, Attention: Desk Office for EPA.
Since OMB is required to make a
decision concerning the ICR between 30
and 60 days after June 16, 2009, a
comment to OMB is best assured of
having its full effect if OMB receives it
by July 16, 2009. The final rule will
respond to any OMB or public
comments on the information collection
requirements contained in this proposal.
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 this 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; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this proposed rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
We do not anticipate that the proposed
restructuring of the audit program will
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result in a significant economic impact
on small entities.
D. Unfunded Mandates Reform Act
This rule does not contain a Federal
mandate that may result in expenditures
of $100 million or more for State, local,
and tribal governments, in the aggregate,
or the private sector in any one year.
The incremental costs associated with
purchasing the audit samples (expected
to be less than $1,000 per test) do not
impose a significant burden on sources.
Thus, this rule is not subject to the
requirements of sections 202 or 205 of
UMRA.
This rule is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
rule actually removes the responsibility
of acquiring the audit samples from the
government agencies to the regulated
facility.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ 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 proposed 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. The proposed
amendments would add language to the
general provisions to allow accredited
providers to supply stationary source
audit samples and to require sources to
obtain and use these samples from the
accredited providers instead of from
EPA, as is the current practice. Thus,
Executive Order 13132 does not apply
to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000) The proposed amendments would
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Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Proposed Rules
add language to the general provisions
to allow accredited providers to supply
stationary source audit samples and to
require sources to obtain and use these
samples from the accredited providers
instead of from EPA, as is the current
practice. Thus, Executive Order 13175
does not apply to this action.
downloading them from the TNI Web
site (https://www.nelac-institute.org).
EPA welcomes comments on this
aspect of the proposed rulemaking and,
specifically, invites the public to
identify potentially-applicable VCS and
explain why such standards should be
used in this regulation.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA interprets EO 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 EO has the potential to influence the
regulation. This action is not subject to
EO 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 action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
cprice-sewell on PRODPC61 with PROPOSALS
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law No.
104–113 (15 U.S.C. 272 note) directs
EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, 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.
This proposed rulemaking involves
technical standards. EPA proposes to
incorporate by reference two consensus
standards from The NELAC Institute
(TNI). The first standard is TNI
Standard Volume 3 entitled General
Requirements for Environmental
Proficiency Providers which was
adopted by TNI on December 22, 2007.
The second standard is TNI Standard
Volume 4 entitled General Standard for
an Accreditor of Environmental
Proficiency Test Providers. The two
documents can be obtained by
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Executive Order (EO) 12898 (59 FR
7629, February 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
proposed 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. The proposed
amendments would add language to the
general provisions to allow accredited
providers to supply stationary source
audit samples and to require sources to
obtain and use these samples from the
accredited providers instead of from
EPA, as is the current practice.
List of Subjects
40 CFR Part 51
40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, continuous
emission monitors, Incorporation by
reference.
40 CFR Part 61
Environmental protection, Air
pollution control, Incorporation by
reference.
Frm 00007
Fmt 4702
Dated: June 5, 2009.
Lisa P. Jackson,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is proposed to be
amended as follows:
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS
1. The authority citation for part 51
continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
2. Amend Appendix M to part 51 as
follows:
a. Designate the three introductory
paragraphs as 1.0 through 3.0.
b. Add new introductory paragraph
4.0.
c. In Method 204A by removing
Sections 7.2, 7.2.1, 7.2.2, and 7.2.3.
d. In Method 204B by removing
Sections 6.2, 6.2.1, 6.2.2, and 6.2.3.
e. In Method 204C by removing
Sections 6.2, 6.2.1, 6.2.2, and 6.2.3.
f. In Method 204D by removing
Sections 6.2, 6.2.1, 6.2.2, and 6.2.3.
g. In Method 204E by removing
Sections 6.2, 6.2.1, 6.2.2, and 6.2.3.
h. In Method 204F by removing
Sections 6.3, 6.3.1, 6.3.2, 6.3.3.
Appendix M To Part 51—
Recommended Test Methods for State
Implementation Plans
*
Administrative practice and
procedure, Air pollution control, Carbon
monoxide, Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen oxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur compounds,
Volatile organic compounds.
PO 00000
40 CFR Part 63
Environmental protection,
Administrative practice and Procedure,
Air pollution control, Hazardous
substances, Intergovernmental relations,
Incorporation by reference, Reporting
and recordkeeping requirements.
Sfmt 4702
*
*
*
*
4.0 Quality Assurance Procedures. The
performance test shall include an external
QA program which shall include, at a
minimum, a test method performance audit
(PA) during the performance test. The PAs
consist of blind audit samples supplied by an
accredited audit sample provider and
analyzed during the performance test in
order to provide a measure of test data bias.
The audit sample must be analyzed by the
same analyst using the same analytical
reagents and analytical system as the
compliance samples. Retests are required
when there is a failure to produce acceptable
results for an audit sample. However, if the
audit results do not affect the compliance or
noncompliance status of the affected facility,
the compliance authority may waive the
reanalysis requirement, further audits, or
retests and accept the results of the
compliance test. The compliance authority
may also use the audit sample failure and the
compliance test results as evidence to
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Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Proposed Rules
determine the compliance or noncompliance
status of the affected facility. A blind audit
sample is a sample whose value is known
only to the sample provider and is not
revealed to the tested facility until after they
report the measured value of the audit
sample. For pollutants that exist in the gas
phase at ambient temperature, the audit
sample shall consist of an appropriate
concentration of the pollutant in air or
nitrogen that can be introduced into the
sampling system of the test method at the
same entry point as a sample from the
emission source. If no gas phase audit
samples are available, an acceptable
alternative is a sample of the pollutant in the
same matrix that would be produced when
the sample is recovered from the sampling
system as required by the test method. For
samples that exist only in a liquid or solid
form at ambient temperature, the audit
sample shall consist of an appropriate
concentration of the pollutant in the same
matrix that would be produced when the
sample is recovered from the sampling
system as required by the test method. An
accredited audit sample provider (AASP) is
an organization that has been accredited to
prepare audit samples by an independent,
third party accrediting body. If there are no
audit samples available from an accredited
audit sample provider, proficiency test (PT)
samples supplied by an accredited PT sample
provider (APTSP) may be used as an
alternative provided that they are distributed
as blind audit samples as defined in this
paragraph. A proficiency test sample is a
sample whose composition is unknown to
the laboratory and is provided to test whether
the laboratory can produce results within the
specified acceptance range. The external QA
program may also include systems audits that
include the opportunity for on-site
evaluation by the Administrator of
instrument calibration, data validation,
sample logging, and documentation of
quality control data and field maintenance
activities.
a. The source owner, operator, or
representative of the tested facility shall
obtain an audit sample, if available, from an
AASP or APTSP for each test method used
for regulatory compliance purposes. If the
source owner, operator, or representative
cannot find an audit sample for a specific
method, the owner, operator, or
representative shall consult the EPA Web site
at the following URL, www.epa.gov/ttn/emc,
to confirm whether there is a source that can
supply an audit sample for that method. If
the EPA Web site does not list an available
audit sample at least 60 days prior to the
beginning of the compliance test, the source
owner, operator, or representative shall not
be required to include an audit sample as
part of the quality assurance program for the
compliance test. When ordering an audit
sample, the source owner, operator, or
representative shall give the sample provider
an estimate for the concentration of each
pollutant that is emitted by the source and
the name, address, and phone number of the
compliance authority. The source owner,
operator, or representative shall report the
results for the audit sample along with a
summary of the emission test results for the
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14:59 Jun 15, 2009
Jkt 217001
audited pollutant to the compliance authority
and shall report the results of the audit
sample to the AASP or the APTSP. The
source owner, operator, or representative
shall make both reports at the same time and
in the same manner or shall report to the
compliance authority first and report to the
AASP or APTSP. If the method being audited
is a method that allows the samples to be
analyzed in the field and the tester plans to
analyze the samples in the field, the tester
may analyze the audit samples prior to
collecting the emission samples provided a
representative of the compliance authority is
present at the testing site. The source owner,
operator, or representative may report the
results of the audit sample to the compliance
authority and then report the results of the
audit sample to the AASP or the APTSP prior
to collecting any emission samples. The test
protocol and final test report shall document
whether an audit sample was ordered and
utilized and the pass/fail results as
applicable.
b. An AASP or APTSP shall have and shall
prepare, analyze, and report the true value of
audit samples in accordance with a written
technical criteria document that describes
how audit samples or PT samples will be
prepared and distributed in a manner that
will insure the integrity of the audit sample
program. One acceptable APTSP technical
criteria document is Volume 3, ‘‘General
Requirements for Environmental Proficiency
Test Providers’’ (incorporated by reference—
see § 60.17). An acceptable technical criteria
document shall contain standard operating
procedures for all of the following
operations:
1. Preparing the sample;
2. Confirming the true concentration of the
sample;
3. Distributing the sample to the user in a
manner that guarantees that the true value of
the sample is unknown to the user;
4. Recording the measured concentration
reported by the user and determining if the
measured value is within acceptable limits;
5. The AASP or APTSP shall report the
results from each audit sample to the
compliance authority and to the source
owner, operator, or representative. The AASP
or APTSP shall make both reports at the same
time and in the same manner or shall report
to the compliance authority first and then
report to the source owner, operator, or
representative. The results shall include the
name of the facility tested, the date on which
the compliance test was conducted, the name
of the company performing the sample
collection, the name of the company that
analyzed the compliance samples including
the audit sample, the measured result for the
audit sample, the true value of the audit
sample, the acceptance range for the
measured value, and whether the testing
company passed or failed the audit.
6. Evaluating the acceptance limits of
samples at least once every two years to
determine in consultation with the voluntary
consensus standard body if they should be
changed;
7. Maintaining a database, accessible to the
compliance authorities, of results from the
audit that shall include the name of the
facility tested, the date on which the
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
compliance test was conducted, the name of
the company performing the sample
collection, the name of the company that
analyzed the compliance samples including
the audit sample, the measured result for the
audit sample, the true value of the audit
sample, the acceptance range for the
measured value, and whether the testing
company passed or failed the audit.
c. The accrediting body shall have a
written technical criteria document that
describes how it will insure that the AASP
or APTSP is operating in accordance with the
AASP or APTSP technical criteria document
that describes how audit or PT samples are
to be prepared and distributed. This
document shall contain standard operating
procedures for all of the following
operations:
1. Checking audit samples to confirm their
true value as reported by the AASP;
2. Performing technical systems audits of
the AASP’s facilities and operating
procedures at least once every two years.
3. Providing standards for use by the
voluntary consensus standard body to
approve the accrediting body that will
accredit the audit sample providers.
d. The technical criteria documents for the
accredited sample providers and the
accrediting body shall be developed through
a public process guided by a voluntary
consensus standards body (VCSB). The VCSB
shall operate in accordance with the
procedures and requirements in the Office of
Management and Budget Circular A–119. The
VCSB shall approve all accrediting bodies.
The Administrator will review all technical
criteria documents. If the technical criteria
documents do not meet the minimum
technical requirements in this Appendix M,
paragraph b. through d. of this paragraph 4.0,
the technical criteria documents are not
acceptable and the proposed audit sample
program is not capable of producing audit
samples of sufficient quality to be used in a
compliance test. All acceptable technical
criteria documents are incorporated by
reference in 40 CFR 60.17.
*
*
*
*
*
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
3. The authority citation for Part 60
continues to read as follows:
Authority: 42 U.S.C. 7410, 7414, 7421,
7470–7479, 7491, 7492, 7601 and 7602.
4. Section 60.8 is amended by adding
paragraph (g) to read as follows:
§ 60.8
Performance tests.
*
*
*
*
*
(g) The performance test shall include
an external QA program which shall
include, at a minimum, a test method
performance audit (PA) during the
performance test. The PAs consist of
blind audit samples supplied by an
accredited audit sample provider and
analyzed during the performance test in
order to provide a measure of test data
bias. The audit sample must be analyzed
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by the same analyst using the same
analytical reagents and analytical
system as the compliance samples.
Retests are required when there is a
failure to produce acceptable results for
an audit sample. However, if the audit
results do not affect the compliance or
noncompliance status of the affected
facility, the compliance authority may
waive the reanalysis requirement,
further audits, or retests and accept the
results of the compliance test. The
compliance authority may also use the
audit sample failure and the compliance
test results as evidence to determine the
compliance or noncompliance status of
the affected facility. A blind audit
sample is a sample whose value is
known only to the sample provider and
is not revealed to the tested facility until
after they report the measured value of
the audit sample. For pollutants that
exist in the gas phase at ambient
temperature, the audit sample shall
consist of an appropriate concentration
of the pollutant in air or nitrogen that
can be introduced into the sampling
system of the test method at the same
entry point as a sample from the
emission source. If no gas phase audit
samples are available, an acceptable
alternative is a sample of the pollutant
in the same matrix that would be
produced when the sample is recovered
from the sampling system as required by
the test method. For samples that exist
only in a liquid or solid form at ambient
temperature, the audit sample shall
consist of an appropriate concentration
of the pollutant in the same matrix that
would be produced when the sample is
recovered from the sampling system as
required by the test method. An
accredited audit sample provider
(AASP) is an organization that has been
accredited to prepare audit samples by
an independent, third party accrediting
body. If there are no audit samples
available from an accredited audit
sample provider, proficiency test (PT)
samples supplied by an accredited PT
sample provider (APTSP) may be used
as an alternative provided that they are
distributed as blind audit samples as
defined in this paragraph. A PT sample
is a sample whose composition is
unknown to the laboratory and is
provided to test whether the laboratory
can produce results within the specified
acceptance range. The external QA
program may also include systems
audits that include the opportunity for
on-site evaluation by the Administrator
of instrument calibration, data
validation, sample logging, and
documentation of quality control data
and field maintenance activities.
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(1) The source owner, operator, or
representative of the tested facility shall
obtain an audit sample, if available,
from an AASP or APTSP for each test
method used for regulatory compliance
purposes. If the source owner, operator,
or representative cannot find an audit
sample for a specific method, the owner,
operator, or representative shall consult
the EPA Web site at the following URL,
www.epa.gov/ttn/emc, to confirm
whether there is a source that can
supply an audit sample for that method.
If the EPA Web site does not list an
available audit sample at least 60 days
prior to the beginning of the compliance
test, the source owner, operator, or
representative shall not be required to
include an audit sample as part of the
quality assurance program for the
compliance test. When ordering an
audit sample, the source, operator, or
representative shall give the sample
provider an estimate for the
concentration of each pollutant that is
emitted by the source and the name,
address, and phone number of the
compliance authority. The source
owner, operator, or representative shall
report the results for the audit sample
along with a summary of the emission
test results for the audited pollutant to
the compliance authority and shall
report the results of the audit sample to
the AASP or the APTSP. The source
owner, operator, or representative shall
make both reports at the same time and
in the same manner or shall report to
the compliance authority first and then
report to the AASP or APTSP. If the
method being audited is a method that
allows the samples to be analyzed in the
field and the tester plans to analyze the
samples in the field, the tester may
analyze the audit samples prior to
collecting the emission samples
provided a representative of the
compliance authority is present at the
testing site. The source owner, operator,
or representative may report the results
of the audit sample to the compliance
authority and report the results of the
audit sample to the AASP or the APTSP
prior to collecting any emission
samples. The test protocol and final test
report shall document whether an audit
sample was ordered and utilized and
the pass/fail results as applicable.
(2) An AASP or APTSP shall have and
shall prepare, analyze, and report the
true value of audit samples in
accordance with a written technical
criteria document that describes how
audit samples or PT samples will be
prepared and distributed in a manner
that will insure the integrity of the audit
sample program. One acceptable APTSP
technical criteria document is Volume
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
28457
3, ‘‘General Requirements for
Environmental Proficiency Test
Providers’’ (incorporated by reference—
see § 60.17.) An acceptable technical
criteria document shall contain standard
operating procedures for all of the
following operations:
(i) Preparing the sample;
(ii) Confirming the true concentration
of the sample;
(iii) Distributing the sample to the
user in a manner that guarantees that
the true value of the sample is unknown
to the user;
(iv) Recording the measured
concentration reported by the user and
determining if the measured value is
within acceptable limits;
(v) The AASP or APTSP shall report
the results from each audit sample to
the compliance authority and then to
the source owner, operator, or
representative. The AASP or APTSP
shall make both reports at the same time
and in the same manner or shall report
to the compliance authority first and
then report to the source owner,
operator, or representative. The results
shall include the name of the facility
tested, the date on which the
compliance test was conducted, the
name of the company performing the
sample collection, the name of the
company that analyzed the compliance
samples including the audit sample, the
measured result for the audit sample,
the true value of the audit sample, the
acceptance range for the measured
value, and whether the testing company
passed or failed the audit.
(vi) Evaluating the acceptance limits
of samples at least once every two years
to determine in cooperation with the
voluntary consensus standard body if
they should be changed;
(vii) Maintaining a database,
accessible to the compliance authorities,
of results from the audit that shall
include the name of the facility tested,
the date on which the compliance test
was conducted, the name of the
company performing the sample
collection, the name of the company
that analyzed the compliance samples
including the audit sample, the
measured result for the audit sample,
the true value of the audit sample, the
acceptance range for the measured
value, and whether the testing company
passed or failed the audit.
(3) The accrediting body shall have a
written technical criteria document that
describes how it will insure that the
AASP or APTSP is operating in
accordance with the AASP or APTSP
technical criteria document that
describes how audit or PT samples are
to be prepared and distributed. This
document shall contain standard
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Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Proposed Rules
operating procedures for all of the
following operations:
(i) Checking audit samples to confirm
their true value as reported by the
AASP;
(ii) Performing technical systems
audits of the AASP’s facilities and
operating procedures at least once every
two years;
(iii) Providing standards for use by the
voluntary consensus standard body to
approve the accrediting body that will
accredit the audit sample providers.
(4) The technical criteria documents
for the accredited sample providers and
the accrediting body shall be developed
through a public process guided by a
voluntary consensus standards body
(VCSB). The VCSB shall operate in
accordance with the procedures and
requirements in the Office of
Management and Budget Circular A–
119. The VCSB shall approve all
accrediting bodies. The Administrator
will review all technical criteria
documents. If the technical criteria
documents do not meet the minimum
technical requirements in paragraphs
(g)(2) through (4) of this section, the
technical criteria documents are not
acceptable and the proposed audit
sample program is not capable of
producing audit samples of sufficient
quality to be used in a compliance test.
All acceptable technical criteria
documents are incorporated by
reference in 40 CFR 60.17.
5. In Appendix A–3 to part 60 amend
Method 5I by revising Section 7.2 to
read as follows:
Appendix A–3 to Part 60—Test
Methods 4 through 5I
*
*
*
*
*
*
*
*
*
7.2 Standards. There are no applicable
standards commercially available for Method
5I analyses.
*
*
*
*
*
6. Amend Appendix A–4 to part 60 as
follows:
a. In Method 6 as follows:
i. Remove Section 7.3.6.
ii. Revise Section 9.0.
iii. Remove Sections 11.3, 11.3.1
through 11.3.3, 11.4, 11.4.1 through
11.4.4, and 12.4.
iv. Revise Section 12.1.
b. In Method 6A as follows:
i. Remove Section 11.2
ii. Revise Section 16.5.
c. In Method 6B by removing Section
11.2.
d. In Method 6C by revising Section
16.1.
e. In Method 7 as follows:
i. Remove Section 7.3.10.
ii. Revise Section 9.0.
Section
Isopropanol check .................................................
Sampling equipment leak-check and calibration ..
Barium standard solution standardization .............
Replicate titrations .................................................
*
*
Appendix A–4 to Part 60—Test
Methods 6 through 10B
*
*
*
*
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*
Ensure
Ensure
Ensure
Ensure
*
*
*
*
*
*
*
*
16.5 Sample Analysis. Analysis of the
peroxide solution is the same as that
described in Section 11.1.
*
*
*
*
*
Method 6C—Determination of Sulfur
Dioxide Emissions from Stationary Sources
(Instrumental Analyzer Procedure)
*
*
*
*
*
16.1 Alternative Interference Check. You
may perform an alternative interference
check consisting of at least three comparison
runs between Method 6C and Method 6. This
check validates the Method 6C results at each
particular source category (type of facility)
where the check is performed. When testing
under conditions of low concentrations (<15
ppm), this alternative interference check is
not allowed.
PO 00000
*
*
*
9.0
*
*
*
Quality Control.
acceptable level of peroxide impurities in isopropanol.
accurate measurement of stack gas flow rate, sample volume.
precision of normality determination.
precision of titration determinations.
Method 6A—Determination of Sulfur
Dioxide, Moisture and Carbon Dioxide
Emissions from Fossil Fuel Combustion
Sources
*
*
Effect
Y = DGM calibration factor.
*
12.1 Nomenclature.
CSO2 = Concentration of SO2, dry basis,
corrected to standard conditions, mg/
dscm (lb/dscf).
N = Normality of barium standard titrant,
meq/ml.
Pbar = Barometric pressure, mm Hg (in. Hg).
Pstd = Standard absolute pressure, 760 mm Hg
(29.92 in. Hg).
Tm = Average DGM absolute temperature, °K
(°R).
Tstd = Standard absolute temperature, 293 °K
(528 °R).
Va = Volume of sample aliquot titrated, ml.
Vm = Dry gas volume as measured by the
DGM, dcm (dcf).
Vm(std) = Dry gas volume measured by the
DGM, corrected to standard conditions,
dscm (dscf).
Vsoln = Total volume of solution in which the
SO2 sample is contained, 100 ml.
Vt = Volume of barium standard titrant used
for the sample (average of replicate
titration), ml.
Vtb = Volume of barium standard titrant used
for the blank, ml.
*
Method 6—Determination of Sulfur Dioxide
Emissions from Stationary Sources
Quality control measure
7.1.2 .................
8.2, 10.1–10.4 ..
10.5 ..................
11.2.3 ...............
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*
Method 5I—Determination of Low Level
Particulate Matter Emissions from
Stationary Sources
iii. Remove Sections 11.4, 11.4.1
through 11.4.3, 11.5, 11.5.1 through
11.5.4, and 12.6.
iv. Revise Section 12.1.
f. In Method 7A as follows:
i. Revise Section 6.3.
ii. Remove Section 7.3.5.
iii. Revise Section 9.0.
iv. Remove Section 11.3.
g. In Method 7B as follows:
i. Revise Section 9.0.
ii. Remove Section 11.4.
h. In Method 7C as follows:
i. Remove Section 7.2.15.
ii. Revise Section 9.0.
iii. Remove Section 11.6.
i. In Method 7D as follows:
i. Remove Sections 7.2.6 and 11.3.
ii. Revise Section 9.0.
j. In Method 8 as follows:
i. Remove Section 7.3.1.
ii. Revise Section 9.1.
iii. Remove Sections 11.3, 11.3.1,
11.3.2, 11.3.3, 11.4, 11.4.1, 11.4.2,
11.4.3, 11.4.4, and 12.9.
iv. Revise Section 12.1.
Frm 00010
Fmt 4702
Sfmt 4702
Note: The procedure described below
applies to non-dilution sampling systems
only. If this alternative interference check is
used for a dilution sampling system, use a
standard Method 6 sampling train and extract
the sample directly from the exhaust stream
at points collocated with the Method 6C
sample probe.
(1) Build the modified Method 6 sampling
train (flow control valve, two midget
impingers containing 3 percent hydrogen
peroxide, and dry gas meter) shown in Figure
6C–1. Connect the sampling train to the
sample bypass discharge vent. Record the dry
gas meter reading before you begin sampling.
Simultaneously collect modified Method 6
and Method 6C samples. Open the flow
control valve in the modified Method 6 train
as you begin to sample with Method 6C.
Adjust the Method 6 sampling rate to 1 liter
per minute (.10 percent). The sampling time
per run must be the same as for Method 6
plus twice the average measurement system
response time. If your modified Method 6
train does not include a pump, you risk
biasing the results high if you over-pressurize
the midget impingers and cause a leak. You
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can reduce this risk by cautiously increasing
the flow rate as sampling begins.
(2) After completing a run, record the final
dry gas meter reading, meter temperature,
and barometric pressure. Recover and
analyze the contents of the midget impingers
using the procedures in Method 6. Determine
the average gas concentration reported by
Method 6C for the run.
*
*
*
*
Section
Spectrophotometer calibration ..............................
*
*
*
*
*
12.1 Nomenclature.
A = Absorbance of sample.
A1 = Absorbance of the 100-μg NO2 standard.
A2 = Absorbance of the 200-μg NO2 standard.
A3 = Absorbance of the 300-μg NO2 standard.
A4 = Absorbance of the 400-μg NO2 standard.
C = Concentration of NOX as NO2, dry basis,
corrected to standard conditions, mg/
dsm3 (lb/dscf).
F = Dilution factor (i.e., 25/5, 25/10, etc.,
required only if sample dilution was
needed to reduce the absorbance into the
range of the calibration).
Kc = Spectrophotometer calibration factor.
*
9.0
*
m = Mass of NOX as NO2 in gas sample, μg.
Pf = Final absolute pressure of flask, mm Hg
(in. Hg).
Pi = Initial absolute pressure of flask, mm Hg
(in. Hg).
Pstd = Standard absolute pressure, 760 mm Hg
(29.92 in. Hg).
Tf = Final absolute temperature of flask, °K
(°R).
Ti = Initial absolute temperature of flask, °K
(°R).
Tstd = Standard absolute temperature, 293 °K
(528 °R).
Vsc = Sample volume at standard conditions
(dry basis), ml.
Vf = Volume of flask and valve, ml.
10.1 ..................
Ion chromatograph calibration ...............................
*
*
*
*
*
*
Va = Volume of absorbing solution, 25 ml.
*
*
*
10.1 ..................
Spectrophotometer calibration ..............................
*
*
*
*
*
*
9.0
9.0
*
*
*
8.2, 10.1–10.3 ..
10.4 ..................
11.3 ..................
Sampling equipment leak-check and calibration ..
Spectrophotometer calibration ..............................
Spiked sample analysis .........................................
*
*
*
9.0
*
*
*
8.2, 10.1–10.3 ..
10.4 ..................
11.3 ..................
Sampling equipment leak-check and calibration ..
Spectrophotometer calibration ..............................
Spiked sample analysis .........................................
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*
*
Quality Control.
Quality Control.
Ensure accurate measurement of sample volume.
Ensure linearity of spectrophotometer response to standards.
Ensure reduction efficiency of column.
9.0
Frm 00011
Quality Control.
*
Quality control measure
14:59 Jun 15, 2009
*
Quality Control.
Effect
Section
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*
*
Method 7D—Determination of Nitrogen
Oxide Emissions from Stationary Sources—
Alkaline–Permanganate/Ion
Chromatographic Method
*
*
Ensures linearity of spectrophotometer response to standards.
Quality control measure
*
*
Effect
Section
*
*
*
Method 7C—Determination of Nitrogen
Oxide Emissions from Stationary Sources
(Alkaline Permanganate/Colorimetric
Method)
*
*
6.3 Analysis. For the analysis, the
following equipment and supplies are
required. Alternative instrumentation and
procedures will be allowed provided the
calibration precision requirement in Section
10.1.2 can be met.
Quality control measure
*
*
Method 7A—Determination of Nitrogen
Oxide Emissions from Stationary Sources
(Ion Chromatographic Method)
Ensure linearity of ion chromatograph response to standards.
*
Section
*
*
Effect
Method 7B—Determination of Nitrogen
Oxide Emissions from Stationary Sources
(Ultraviolet Spectrophotometric Method)
*
*
Ensure linearity of spectrophotometer response to standards.
Quality control measure
*
*
Quality Control.
Effect
Section
cprice-sewell on PRODPC61 with PROPOSALS
*
Quality control measure
10.1 ..................
Method 7—Determination of Nitrogen Oxide
Emissions from Stationary Sources
Effect
Ensure accurate measurement of sample volume.
Ensure linearity of spectrophotometer response to standards.
Ensure reduction efficiency of column.
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*
*
Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Proposed Rules
*
*
Method 8—Determination of Sulfuric Acid
and Sulfur Dioxide Emissions from
Stationary Sources
*
*
*
*
*
Section
Isopropanol check .................................................
Sampling equipment leak-check and calibration ..
Barium standard solution standardization .............
Replicate titrations .................................................
*
*
*
*
*
12.1 Nomenclature. Same as Method 5,
Section 12.1, with the following additions
and exceptions:
CH2SO4 = Sulfuric acid (including SO3)
concentration, g/dscm (lb/dscf).
CSO2 = Sulfur dioxide concentration, g/dscm
(lb/dscf).
N = Normality of barium perchlorate titrant,
meq/ml.
Va = Volume of sample aliquot titrated, 100
ml for H2SO4 and 10 ml for SO2.
Effect
Ensure
Ensure
Ensure
Ensure
acceptable level of peroxide impurities in isopropanol.
accurate measurement of stack gas flow rate, sample volume.
normality determination.
precision of titration determinations.
Vsoln = Total volume of solution in which the
sample is contained, 250 ml for the SO2
sample and 1000 ml for the H2SO4
sample.
Vt = Volume of barium standard solution
titrant used for the sample, ml.
Vtb = Volume of barium standard solution
titrant used for the blank, ml.
*
*
*
*
*
7. In Appendix A–5 to part 60 amend
Method 15A as follows:
Section
System performance check ...................................
Sampling equipment leak-check and calibration ..
Barium standard solution standardization .............
Replicate titrations .................................................
a. Revise Section 9.0.
b. Remove Section 11.2.
Appendix A–5 to Part 60—Test
Methods 11 through 15A
*
*
*
*
*
*
*
8. Amend Appendix A–6 to part 60 as
follows:
a. Amend Method 16A as follows:
i. Revise Section 9.0.
ii. Remove Section 11.2.
b. Amend Method 18 as follows:
i. Remove Sections 7.2, 8.2.1.5.2.2,
and 8.2.1.7.
*
*
9.0
Ensures
Ensures
Ensures
Ensures
ii. Revise Section 8.2.2.2.
iii. Remove Sections 8.2.2.4, and
8.2.3.2.3.
iv. Revise Section 8.2.4.2.2.
v. Remove Sections 9.2, and 13.1(b).
vi. Designate the ‘‘Gaseous Organic
Sampling and Analysis Checklist’’ as
figure 18–15, and revise newly
designated figure 18–15.
8.5 ....................
8.2, 10.0 ...........
10.0 ..................
11.1 ..................
System performance check ...................................
Sampling equipment leak-check and calibration ..
Barium standard solution standardization .............
Replicate titrations .................................................
*
*
*
Method 18—Measurement of Gaseous
Organic Compound Emissions by Gas
Chromatography
*
*
*
*
*
8.2.2.2 Procedure. Calibrate the GC using
the procedures in Section 8.2.1.5.2.1. To
obtain a stack gas sample, assemble the
sampling system as shown in Figure 18–12.
Make sure all connections are tight. Turn on
the probe and sample line heaters. As the
temperature of the probe and heated line
approaches the target temperature as
indicated on the thermocouple readout
device, control the heating to maintain a
temperature greater than 110 °C. Conduct a
3-point calibration of the GC by analyzing
each gas mixture in triplicate. Generate a
calibration curve. Place the inlet of the probe
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*
*
*
Quality Control.
Appendix A–6 to Part 60—Test
Methods 16 through 18
*
*
*
*
*
Method 16A—Determination of Total
Reduced Sulfur Emissions from Stationary
Sources (Impinger Technique)
*
*
9.0
*
*
*
Quality Control.
Effect
Ensure
Ensure
Ensure
Ensure
validity of sampling train components and analytical procedure.
accurate measurement of stack gas flow rate, sample volume.
precision of normality determination.
precision of titration determinations.
at the centroid of the duct, or at a point no
closer to the walls than 1 m, and draw source
gas into the probe, heated line, and sample
loop. After thorough flushing, analyze the
stack gas sample using the same conditions
as for the calibration gas mixture. For each
run, sample, analyze, and record five
consecutive samples. A test consists of three
runs (five samples per run times three runs,
for a total of fifteen samples). After all
samples have been analyzed, repeat the
analysis of the mid-level calibration gas for
each compound. For each calibration
standard, compare the pre- and post-test
average response factors (RF) for each
compound. If the two calibration RF values
(pre- and post-analysis) differ by more than
5 percent from their mean value, then
analyze the other calibration gas levels for
that compound and determine the stack gas
PO 00000
*
validity of sampling train components and analytical procedure.
accurate measurement of stack gas flow rate, sample volume.
precision of normality determination.
precision of titration determinations.
Quality control measure
*
*
Effect
Section
*
*
Method 15A—Determination of Total
Reduced Sulfur Emissions from Sulfur
Recovery Plants in Petroleum Refineries
Quality control measure
8.5 ....................
8.2, 10.0 ...........
10.0 ..................
11.1 ..................
cprice-sewell on PRODPC61 with PROPOSALS
*
Quality control measure
7.1.3 .................
8.4, 8.5, 10.1 ...
10.2 ..................
11.2 ..................
9.1 Miscellaneous Quality Control
Measures.
Fmt 4702
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sample concentrations by comparison to both
calibration curves (this is done by preparing
a calibration curve using all the pre- and
post-test calibration gas mixture values). If
the two calibration RF values differ by less
than 5 percent from their mean value, the
tester has the option of using only the pretest calibration curve to generate the
concentration values. Record this calibration
data and the other required data on the data
sheet shown in Figure 18–11, deleting the
dilution gas information.
Note: Take care to draw all samples and
calibration mixtures through the sample loop
at the same pressure.
*
*
*
*
*
8.2.4.2.2 Use a sample probe, if required,
to obtain the sample at the centroid of the
duct or at a point no closer to the walls than
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strokes), the barometric pressure, and
ambient temperature. Obtain a total sample
volume commensurate with the expected
concentration(s) of the volatile organic(s)
present and recommended sample loading
factors (weight sample per weight adsorption
media). Laboratory tests prior to actual
sampling may be necessary to predetermine
this volume. If water vapor is present in the
sample at concentrations above 2 to 3
percent, the adsorptive capacity may be
PO 00000
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severely reduced. Operate the gas
chromatograph according to the
manufacturer’s instructions. After
establishing optimum conditions, verify and
document these conditions during all
operations. Calibrate the instrument and then
analyze the emission samples.
*
*
*
*
*
BILLING CODE 6560–50–P
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1 m. Minimize the length of flexible tubing
between the probe and adsorption tubes.
Several adsorption tubes can be connected in
series, if the extra adsorptive capacity is
needed. Adsorption tubes should be
maintained vertically during the test in order
to prevent channeling. Provide the gas
sample to the sample system at a pressure
sufficient for the limiting orifice to function
as a sonic orifice. Record the total time and
sample flow rate (or the number of pump
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Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Proposed Rules
*
*
*
*
*
9. Amend Appendix A–7 to part 60 as
follows:
a. Amend Method 23 by removing
Sections 8, 8.1, 8.2, 8.3, and 8.4.
b. Amend Method 25 as follows:
i. Remove Sections 7.5, 7.5.1, and
7.5.2.
ii. Revise Section 9.0.
iii. Remove Sections 11.3, 11.3.1,
11.3.2, 11.3.3, 11.4, 11.4.1, 11.4.2,
11.4.3, and 11.4.4.
c. Amend Method 25C as follows:
i. Remove Sections 7.3, 7.3.1, and
7.3.2.
ii. Revise Section 9.1.
iii. Remove Sections 11.2, 11.2.1,
11.2.2, 11.3, 11.3.1, 11.3.2, 11.3.3, and
11.3.4.
Section
10.1.2, 10.2 ......
Initial performance check of condensate recovery
apparatus.
NMO analyzer initial and daily performance
checks.
*
*
*
*
*
*
*
*
*
*
9.0
8.4.1 .................
Verify that landfill gas sample contains less than
20 percent N2 or 5 percent O2.
NMOC analyzer initial and daily performance
checks.
*
*
*
*
10. Amend Appendix A–8 to part 60
as follows:
a. Amend Method 26 as follows:
i. Remove Section 7.3.
ii. Revise Section 9.0.
iii. Remove Sections 11.2, 11.2.1,
11.2.2, 11.2.3, 11.3, 11.3.1, 11.3.2,
11.3.3, and 11.3.4.
b. Amend Method 26A as follows:
i. Remove Section 7.3.
ii. Revise the first Section 9.1.
*
Ensures that ambient air was not drawn into the landfill gas sample.
Ensures precision of analytical results.
Method 26—Determination of Hydrogen
Halide and Halogen Emissions from
Stationary Sources Non–Isokinetic Method
Appendix A–8 to Part 60—Test
Methods 26 through 29
Method 26A—Determination of Hydrogen
Halide and Halogen Emissions from
Stationary Sources Isokinetic Method
*
*
*
*
*
*
*
9.0
*
*
*
*
11. The authority citation for Part 61
continues to read as follows:
Authority: 42 U.S.C. 7401, 7412, 7413,
7414, 7416, 7601, and 7602.
12. Section 61.13 is amended by
adding paragraph (e)(1) and adding and
reserving paragraph (e)(2)to read as
follows:
§ 61.13 Emission tests and waiver of
emission tests.
*
*
*
VerDate Nov<24>2008
*
*
14:59 Jun 15, 2009
Jkt 217001
*
*
*
Quality Control. [Reserved.]
*
*
*
*
*
*
*
*
9.1 Miscellaneous Quality Control
Measures.
Sampling equipment leak-check and calibration ..
PART 61—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS
*
iii. Redesignate the second Section 9.1
as 9.2.
iv. Remove Sections 11.4, 11.4.1,
11.4.2, 11.4.3, 11.5, 11.5.1, 11.5.2,
11.5.3, and 11.5.4.
8.1.4, 10.1 ........
*
*
9.1 Miscellaneous Quality Control
Measures.
Quality control measure
*
*
Quality Control.
Effect
Section
*
*
Ensure precision of analytical results.
Quality control measure
*
*
Ensure acceptable condensate recovery efficiency.
*
Section
10.1, 10.2 .........
*
Method 25—Determination of Total Gaseous
Nonmethane Organic Emissions as Carbon
Effect
Method 25C—Determination of Nonmethane
Organic Compounds (NMOC) in Landfill
Gases
*
*
cprice-sewell on PRODPC61 with PROPOSALS
Appendix A–7 to Part 60—Test
Methods 19 through 25E
Quality control measure
10.1.1 ...............
d. Amend Method 25D by removing
Sections 7.3, 7.3.1, 7.3.2, 11.3, 11.3.1,
11.3.2, 11.3.3, 11.4, 11.4.1, and 11.4.2.
Effect
Ensure accurate measurement of stack gas flow rate, sample volume.
(e) * * *
(1) The emissions test shall include an
external QA program which shall
include, at a minimum, a test method
performance audit (PA) during the
emissions test. The PAs consist of blind
audit samples supplied by an accredited
audit sample provider and analyzed
during the emissions test in order to
provide a measure of test data bias. The
audit sample must be analyzed by the
same analyst using the same analytical
reagents and analytical system as the
compliance samples. Retests are
required when there is a failure to
produce acceptable results for an audit
sample. However, if the audit results do
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Fmt 4702
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not affect the compliance or
noncompliance status of the affected
facility, the compliance authority may
waive the reanalysis requirement,
further audits, or retests and accept the
results of the compliance test. The
compliance authority may also use the
audit sample failure and the compliance
test results as evidence to determine the
compliance or noncompliance status of
the affected facility. A blind audit
sample is a sample whose value is
known only to the sample provider and
is not revealed to the tested facility until
after they report the measured value of
the audit sample. For pollutants that
exist in the gas phase at ambient
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temperature, the audit sample shall
consist of an appropriate concentration
of the pollutant in air or nitrogen that
can be introduced into the sampling
system of the test method at the same
entry point as a sample from the
emission source. If no gas phase audit
samples are available, an acceptable
alternative is a sample of the pollutant
in the same matrix that would be
produced when the sample is recovered
from the sampling system as required by
the test method. For samples that exist
only in a liquid or solid form at ambient
temperature, the audit sample shall
consist of an appropriate concentration
of the pollutant in the same matrix that
would be produced when the sample is
recovered from the sampling system as
required by the test method. An
accredited audit sample provider
(AASP) is an organization that has been
accredited to prepare audit samples by
an independent, third party accrediting
body. If there are no audit samples
available from an accredited audit
sample provider, proficiency test (PT)
samples supplied by an accredited PT
sample provider (APTSP) may be used
as an alternative provided that they are
distributed as blind audit samples as
defined in this paragraph. A PT sample
is a sample whose composition is
unknown to the laboratory and is
provided to test whether the laboratory
can produce results within the specified
acceptance range. The external QA
program may also include systems
audits that include the opportunity for
on-site evaluation by the Administrator
of instrument calibration, data
validation, sample logging, and
documentation of quality control data
and field maintenance activities.
(i) The source owner, operator, or
representative of the tested facility shall
obtain an audit sample, if available,
from an AASP or APTSP for each test
method used for regulatory compliance
purposes. If the source owner, operator,
or representative cannot find an audit
sample for a specific method, the owner,
operator, or representative shall consult
the EPA Web site at the following URL,
www.epa.gov/ttn/emc, to confirm
whether there is a source that can
supply an audit sample for that method.
If the EPA Web site does not list an
available audit sample at least 60 days
prior to the beginning of the compliance
test, the source owner, operator, or
representative shall not be required to
include an audit sample as part of the
quality assurance program for the
compliance test. When ordering an
audit sample the source owner,
operator, or representative shall give the
sample provider an estimate for the
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concentration of each pollutant that is
emitted by the source and the name,
address, and phone number of the
compliance authority. The source
owner, operator, or representative shall
report the results for the audit sample
along with a summary of the emission
test results for the audited pollutant to
the compliance authority and shall
report the results of the audit sample to
the AASP or the APTSP. The source
owner, operator, or representative shall
make both reports at the same time and
in the same manner or shall report to
the compliance authority first and then
report to the AASP or APTSP. If the
method being audited is a method that
allows the samples to be analyzed in the
field and the tester plans to analyze the
samples in the field, the tester may
analyze the audit samples prior to
collecting the emission samples
provided a representative of the
compliance authority is present at the
testing site. The source owner, operator,
or representative may report the results
of the audit sample to the compliance
authority and then report the results of
the audit sample to the AASP or the
APTSP prior to collecting any emission
samples. The test protocol and final test
report shall document whether an audit
sample was ordered and utilized and
the pass/fail results as applicable.
(ii) An AASP or APTSP shall have
and shall prepare, analyze, and report
the true value of audit samples in
accordance with a written technical
criteria document that describes how
audit samples or PT samples will be
prepared and distributed in a manner
that will insure the integrity of the audit
sample program. One acceptable APTSP
technical criteria document is Volume
3, ‘‘General Requirements for
Environmental Proficiency Test
Providers’’ (incorporated by reference—
see § 60.17. An acceptable technical
criteria document shall contain standard
operating procedures for all of the
following operations:
(A) Preparing the sample;
(B) Confirming the true concentration
of the sample;
(C) Distributing the sample to the user
in a manner that guarantees that the true
value of the sample is unknown to the
user;
(D) Recording the measured
concentration reported by the user and
determining if the measured value is
within acceptable limits;
(E) The AASP or APTSP shall report
the results from each audit sample to
the compliance authority and then to
the source owner, operator, or
representative. The AASP or APTSP
shall make both reports at the same time
and in the same manner or shall report
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28463
to the compliance authority first and
then report to the source owner,
operator, or representative. The results
shall include the name of the facility
tested, the date on which the
compliance test was conducted, the
name of the company performing the
sample collection, the name of the
company that analyzed the compliance
samples including the audit sample, the
measured result for the audit sample,
the true value of the audit sample, the
acceptance range for the measured
value, and whether the testing company
passed or failed the audit;
(F) Evaluating the acceptance limits of
samples at least once every two years to
determine in consultation with the
voluntary consensus standard body if
they should be changed;
(G) Maintaining a database, accessible
to the compliance authorities, of results
from the audit that shall include the
name of the facility tested, the date on
which the compliance test was
conducted, the name of the company
performing the sample collection, the
name of the company that analyzed the
compliance samples including the audit
sample, the measured result for the
audit sample, the true value of the audit
sample, the acceptance range for the
measured value, and whether the testing
company passed or failed the audit.
(iii) The accrediting body shall have
a written technical criteria document
that describes how it will insure that the
AASP or APTSP is operating in
accordance with the AASP or APTSP
technical criteria document that
describes how audit or PT samples are
to be prepared and distributed. This
document shall contain standard
operating procedures for all of the
following operations:
(A) Checking audit samples to
confirm their true value as reported by
the AASP.
(B) Performing technical systems
audits of the AASP’s facilities and
operating procedures at least once every
two years.
(C) Providing standards for use by the
voluntary consensus standard body to
approve the accrediting body that will
accredit the audit sample providers.
(iv) The technical criteria documents
for the accredited sample providers and
the accrediting body shall be developed
through a public process guided by a
voluntary consensus standards body
(VCSB). The VCSB shall operate in
accordance with the procedures and
requirements in the Office of
Management and Budget Circular A–
119. The VCSB shall approve all
accrediting bodies. The Administrator
will review all technical criteria
documents. If the technical criteria
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documents do not meet the minimum
technical requirements in paragraphs
(e)(1)(ii) through (iv) of this section, the
technical criteria documents are not
acceptable and the proposed audit
sample program is not capable of
producing audit samples of sufficient
quality to be used in a compliance test.
All acceptable technical criteria
documents are incorporated by
reference in 40 CFR 60.17.
(2) [Reserved]
*
*
*
*
*
Appendix B—[Amended]
13. Amend Appendix B to part 61 as
follows:
a. In Method 104 revise Section 9.0.
b. In Method 106 as follows:
i. Remove Sections 7.2.4, 7.2.4.1, and
7.2.4.2.
ii. Revise Section 9.0.
iii. Remove Sections 9.1, 9.2, and
11.1.
c. In Method 108 as follows:
i. Remove Section 7.3.16.
ii. Revise Section 9.1.
iii. Remove Sections 11.6, 11.6.1,
11.6.2, 11.6.3, 11.7, 11.7.1, 11.7.2,
11.7.3, and 11.7.4.
iv. Revise Section 12.1.
d. In Method 108A as follows:
i. Remove Section 7.2.1.
ii. Revise Section 9.0.
iii. Remove Sections 11.6, 11.6.1,
11.6.2, 11.6.3, 11.7, 11.7.1, 11.7.2,
11.7.3, and 11.7.4.
e. In Method 108B as follows:
Section
Sampling equipment leak checks and calibration
Spectrophotometer calibration ..............................
Check for matrix effects ........................................
*
*
*
*
*
*
*
*
9.0
*
*
*
10.3 ..................
Chromatograph calibration ....................................
*
*
*
9.0
*
*
*
8.4, 10.1 ...........
10.4 ..................
11.5 ..................
Sampling equipment leak-checks and calibration
Spectrophotometer calibration ..............................
Check for matrix effects ........................................
*
*
*
*
*
9.0 Quality Control.
9.1 Miscellaneous Quality Control
Measures.
Ensures accuracy and precision of sampling measurements.
Ensures linearity of spectrophotometer response to standards.
Eliminates matrix effects.
mfi = Total mass of all four impingers and
contents after sampling, g.
mn = Total mass of arsenic collected in a
specific part of the sampling train, μg.
mt = Total mass of arsenic collected in the
sampling train, μg.
Tm = Absolute average dry gas meter
temperature (see Figure 108–2), °K (°R).
Vm = Volume of gas sample as measured by
the dry gas meter, dry basis, m3 (ft3).
Vm(std) = Volume of gas sample as measured
by the dry gas meter, corrected to
standard conditions, m3 (ft3).
Vn = Volume of solution in which the arsenic
is contained, ml.
10.2 ..................
11.5 ..................
Spectrophotometer calibration ..............................
Check for matrix effects ........................................
Vw(std) = Volume of water vapor collected in
the sampling train, corrected to standard
conditions, m3 (ft3).
DH = Average pressure differential across the
orifice meter (see Figure 108–2), mm
H2O (in. H2O).
*
*
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*
*
*
Method 108A—Determination of Arsenic
Content in Ore Samples from Nonferrous
Smelters
*
*
9.0
Quality control measure
14:59 Jun 15, 2009
Quality Control.
Effect
Section
VerDate Nov<24>2008
*
Ensure precision and accuracy of chromatograph.
Quality control measure
*
*
Effect
Section
12.1 Nomenclature.
Bws = Water in the gas stream, proportion by
volume.
Ca = Concentration of arsenic as read from
the standard curve, μg/ml.
Cs = Arsenic concentration in stack gas, dry
basis, converted to standard conditions,
g/dsm3 (gr/dscf).
Ea = Arsenic mass emission rate, g/hr (lb/hr).
Fd = Dilution factor (equals 1 if the sample
has not been diluted).
I = Percent of isokinetic sampling.
mbi = Total mass of all four impingers and
contents before sampling, g.
*
Quality Control.
*
Method 108—Determination of Particulate
and Gaseous Arsenic Emissions
*
*
Ensure accuracy and precision of sampling measurements.
Ensure linearity of spectrophotometer response to standards.
Eliminate matrix effects.
Quality control measure
*
*
Effect
Section
*
*
Method 104—Determination of Beryllium
Emissions from Stationary Sources
Method 106—Determination of Vinyl
Chloride Emissions from Stationary Sources
*
*
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Appendix B to Part 61—Test Methods
Quality control measure
8.4, 10.1 ...........
10.2 ..................
11.5 ..................
i. Remove Section 7.2.5.
ii. Revise Section 9.0.
iii. Remove Section 11.5.
f. In Method 108C as follows:
i. Remove Section 7.2.10.
ii. Revise Section 9.0.
iii. Remove Section 11.3.
g. In Method 111 as follows:
i. Revise Section 9.2.
ii. Revise Section 11.0.
iii. Remove Section 11.3.
*
*
*
Quality Control.
Effect
Ensure linearity of spectrophotometer response to standards.
Eliminate matrix effects.
Fmt 4702
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*
*
*
*
Method 108B—Determination of Arsenic
Content in Ore Samples from Nonferrous
Smelters
*
*
*
*
*
Section
Spectrophotometer calibration ..............................
Check for matrix effects ........................................
*
*
*
*
Effect
*
*
*
*
Section
Calibration curve preparation ................................
*
*
9.0
*
*
Effect
Ensure linearity of spectrophotometric response to standards.
Method 111—Determination of Polonium–
210 Emissions from Stationary Sources
*
*
*
*
*
Section
10.1 ..................
10.3 ..................
11.1, 11.2 .........
Standardization of alpha spectrometry system .....
Standardization of internal proportional counter ...
Determination of procedure background and instrument background.
*
*
9.2 Miscellaneous Quality Control
Measures.
*
Quality control measure
*
*
*
11.0 Analytical Procedure.
Note: Perform duplicate analyses of all
samples, including background counts and
Method 5 samples. Duplicate measurements
are considered acceptable when the
difference between them is less than two
standard deviations as described in EPA 600/
4–77–001 or subsequent revisions.
*
*
*
*
*
PART 63—NATIONAL EMISSIONS
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
14. The authority citation for part 63
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
15. Section 63.7 is amended by
revising (c)(2)(iii) to read as follows:
§ 63.7
Performance testing requirements.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) The external QA program shall
include, at a minimum, a test method
performance audit (PA) during the
performance test. The PAs consist of
blind audit samples supplied by an
accredited audit sample provider and
analyzed during the performance test in
order to provide a measure of test data
bias. The audit sample must be analyzed
by the same analyst using the same
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14:59 Jun 15, 2009
Jkt 217001
Effect
Ensure precision of sample analyses.
Ensure precise sizing of sample aliquot.
Minimize background effects.
analytical reagents and analytical
system as the compliance samples.
Retests are required when there is a
failure to produce acceptable results for
an audit sample. However, if the audit
results do not affect the compliance or
noncompliance status of the affected
facility, the compliance authority may
waive the reanalysis requirement,
further audits, or retests and accept the
results of the compliance test. The
compliance authority may also use the
audit sample failure and the compliance
test results as evidence to determine the
compliance or noncompliance status of
the affected facility. A blind audit
sample is a sample whose value is
known only to the sample provider and
is not revealed to the tested facility until
after they report the measured value of
the audit sample. For pollutants that
exist in the gas phase at ambient
temperature, the audit sample shall
consist of an appropriate concentration
of the pollutant in air or nitrogen that
can be introduced into the sampling
system of the test method at the same
entry point as a sample from the
emission source. If no gas phase audit
samples are available, an acceptable
alternative is a sample of the pollutant
in the same matrix that would be
produced when the sample is recovered
from the sampling system as required by
the test method. For samples that exist
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*
Quality control measure
10.2 ..................
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Ensure linearity of spectrophotometer response to standards.
Eliminate matrix effects.
Method 108C—Determination of Arsenic
Content in Ore Samples from Nonferrous
Smelters (Molybdenum Blue Photometric
Procedure)
*
Quality Control.
*
Quality control measure
10.2 ..................
11.4 ..................
9.0
28465
Frm 00017
Fmt 4702
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only in a liquid or solid form at ambient
temperature, the audit sample shall
consist of an appropriate concentration
of the pollutant in the same matrix that
would be produced when the sample is
recovered from the sampling system as
required by the test method. An
accredited audit sample provider
(AASP) is an organization that has been
accredited to prepare audit samples by
an independent, third party accrediting
body. If there are no audit samples
available from an accredited audit
sample provider, proficiency test (PT)
samples supplied by an accredited PT
sample provider (APTSP) may be used
as an alternative provided that they are
distributed as blind audit samples as
defined in this paragraph. A proficiency
test sample is a sample whose
composition is unknown to the
laboratory and is provided to test
whether the laboratory can produce
results within the specified acceptance
range. The external QA program may
also include systems audits that include
the opportunity for on-site evaluation by
the Administrator of instrument
calibration, data validation, sample
logging, and documentation of quality
control data and field maintenance
activities.
(A) The source owner, operator, or
representative of the tested facility shall
obtain an audit sample, if available,
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Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Proposed Rules
from an AASP or APTSP for each test
method used for regulatory compliance
purposes. If the source owner, operator,
or representative cannot find an audit
sample for a specific method, the owner,
operator, or representative shall consult
the EPA Web site at the following URL,
www.epa.gov/ttn/emc, to confirm
whether there is a source that can
supply an audit sample for that method.
If the EPA Web site does not list an
available audit sample at least 60 days
prior to the beginning of the compliance
test, the source owner, operator, or
representative shall not be required to
include an audit sample as part of the
quality assurance program for the
compliance test. When ordering an
audit sample the source owner,
operator, or representative shall give the
sample provider an estimate for the
concentration of each pollutant that is
emitted by the source and the name,
address, and phone number of the
compliance authority. The source
owner, operator, or representative shall
report the results for the audit sample
along with a summary of the emission
test results for the audited pollutant to
the compliance authority and shall
report the results of the audit sample to
the AASP or the APTSP. The source
owner, operator, or representative shall
make both reports at the same time and
in the same manner or shall report to
the compliance authority first and then
report to the AASP or APTSP. If the
method being audited is a method that
allows the samples to be analyzed in the
field and the tester plans to analyze the
samples in the field, the tester may
analyze the audit samples prior to
collecting the emission samples
provided a representative of the
compliance authority is present at the
testing site. The source owner, operator,
or representative may report the results
of the audit sample to the compliance
authority and then report the results of
the audit sample to the AASP or the
APTSP prior to collecting any emission
samples. The test protocol and final test
report shall document whether an audit
sample was ordered and utilized and
the pass/fail results as applicable.
(B) An AASP or APTSP shall have
and shall prepare, analyze, and report
the true value of audit samples in
accordance with a written technical
criteria document that describes how
audit samples or PT samples will be
prepared and distributed in a manner
that will insure the integrity of the audit
sample program. One acceptable APTSP
technical criteria document is Volume
3, ‘‘General Requirements for
Environmental Proficiency Test
Providers’’ (incorporated by reference—
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14:59 Jun 15, 2009
Jkt 217001
see § 60.17. An acceptable technical
criteria document shall contain standard
operating procedures for all of the
following operations:
(1) Preparing the sample;
(2) Confirming the true concentration
of the sample;
(3) Distributing the sample to the user
in a manner that guarantees that the true
value of the sample is unknown to the
user;
(4) Recording the measured
concentration reported by the user and
determining if the measured value is
within acceptable limits;
(5)(i) The AASP or APTSP shall report
the results from each audit sample to
the compliance authority and then to
the source owner, operator, or
representative. The AASP or APTSP
shall make both reports at the same time
and in the same manner or shall report
to the compliance authority first and
then report to the source owner,
operator, or representative. The results
shall include the name of the facility
tested, the date on which the
compliance test was conducted, the
name of the company performing the
sample collection, the name of the
company that analyzed the compliance
samples including the audit sample, the
measured result for the audit sample,
the true value of the audit sample, the
acceptance range for the measured
value, and whether the testing company
passed or failed the audit.
(ii) If the compliance authority does
not report the results of the audit to the
tested facility within five business days,
the AASP or APTSP as appropriate must
report the pass-fail results to the tested
facility.
(6) Evaluating the acceptance limits of
samples at least once every two years to
determine in consultation with the
voluntary consensus standard body if
they should be changed.
(7) Maintaining a database, accessible
to the compliance authorities, of results
from the audit that shall include the
name of the facility tested, the date on
which the compliance test was
conducted, the name of the company
performing the sample collection, the
name of the company that analyzed the
compliance samples including the audit
sample, the measured result for the
audit sample, the true value of the audit
sample, the acceptance range for the
measured value, and whether the testing
company passed or failed the audit.
(C) The accrediting body shall have a
written technical criteria document that
describes how it will insure that the
AASP or APTSP is operating in
accordance with the AASP or APTSP
technical criteria document that
describes how audit or PT samples are
PO 00000
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Fmt 4702
Sfmt 4702
to be prepared and distributed. This
document shall contain standard
operating procedures for all of the
following operations:
(1) Checking audit samples to confirm
their true value as reported by the
AASP.
(2) Performing technical systems
audits of the AASP’s facilities and
operating procedures at least once every
two years.
(3) Providing standards for use by the
voluntary consensus standard body to
approve the accrediting body that will
accredit the audit sample providers.
(D) The technical criteria documents
for the accredited sample providers and
the accrediting body shall be developed
through a public process guided by a
voluntary consensus standards body
(VCSB). The VCSB shall operate in
accordance with the procedures and
requirements in the Office of
Management and Budget Circular A–
119. The VCSB shall approve all
accrediting bodies. The Administrator
will review all technical criteria
documents. If the technical criteria
documents do not meet the minimum
technical requirements in paragraphs
(c)(2)(iii)(B) through (C) of this section,
the technical criteria documents are not
acceptable and the proposed audit
sample program is not capable of
producing audit samples of sufficient
quality to be used in a compliance test.
All acceptable technical criteria
documents are incorporated by
reference in 40 CFR 60.17.
*
*
*
*
*
Appendix A—[Amended]
16. Amend Appendix A to Part 63 as
follows:
a. In Method 306 by removing
Sections 7.5, 7.5.1, 7.5.2, 9.1.8, 9.1.8.1,
9.1.8.2, 9.1.8.3, 9.1.9, 9.1.9.1, 9.1.9.2,
9.1.9.3, 9.1.9.4, 9.2.8, 9.2.8.1, 9.2.8.2,
9.2.8.3, 9.2.9, 9.2.9.1, 9.2.9.2, 9.2.9.3,
9.2.9.4, 9.3.6, 9.3.6.1, 9.3.6.2, 9.3.6.3,
9.3.7, 9.3.7.1, 9.3.7.2, 9.3.7.3, and
9.3.7.4.
b. In Method 306A by removing
Sections 7.5, 7.5.1, and 7.5.2.
c. In Method 308 by removing
Sections 9.2, 9.3, 9.4, and 9.5.
[FR Doc. E9–13726 Filed 6–15–09; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 74, Number 114 (Tuesday, June 16, 2009)]
[Proposed Rules]
[Pages 28451-28466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13726]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 60, 61 and 63
[EPA-HQ-OAR-2008-0531; FRL-8917-3]
RIN 2060-AP23
Restructuring of the Stationary Source Audit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The action proposes amendments to the General Provisions to
allow accredited providers to supply stationary source audit samples
and to require sources to obtain and use these samples from the
accredited providers instead of from EPA, as is the current practice.
In addition, this proposed rule incorporates by reference Volume 3,
``General Requirements for Environmental Proficiency Test Providers''
adopted December 22, 2007, as an example of an acceptable accredited
proficiency test sample provider (APTSP) technical criteria document.
This document outlines the criteria an accredited provider program must
meet for the samples to be acceptable.
Requirements pertaining to the audit samples have all been moved to
the General Provisions and have been removed from the test methods
because the current language in the test methods regarding audit
samples is inconsistent from method to method. Therefore, deleting all
references to audit samples in the test methods eliminates any possible
confusion and inconsistencies. Under this proposed amendment, the
requirement to use an audit sample during a compliance test will apply
to all test methods for which a commercially available audit exists.
DATES: Comments must be received on or before July 16, 2009. Under the
Paperwork Reduction Act, comments on the information collection
provisions are best assured of having full effect if the Office of
Management and Budget (OMB) receives a copy of your comments on or
before July 16, 2009.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2008-0531, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Comments may be sent by electronic mail (e-mail)
to a-and-r-docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2008-
0531.
Fax: Fax your comments to: 202-566-9744, Attention Docket
ID No. EPA-HQ-OAR-2008-0531.
Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mail Code 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Attention Docket ID
No. EPA-HQ-OAR-2008-0531. In addition, please mail a copy of your
comments on the information collection provisions to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC
20503.
Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, 1301 Constitution Ave., NW., Room 3334, Washington, DC.
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-
2008-0531. 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 viruses. For additional information about EPA's public
docket, visit the EPA
[[Page 28452]]
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 Restructuring of
the Stationary Source Audit Program Docket, EPA/DC, EPA West Building,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. This Docket
Facility 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 Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: For questions concerning today's
proposed rule, contact Ms. Candace Sorrell, U.S. EPA, Office of Air
Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (E143-02), Research Triangle Park, NC
27711; telephone number: (919) 541-1064; fax number: (919) 541-0516; e-
mail address: sorrell.candace@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
This action would apply to you if you operate a stationary source
that is subject to applicable requirements to conduct compliance
testing under 40 CFR parts 60, 61, and 63.
In addition, this action would apply to you if Federal, State, or
local agencies take certain additional actions. For example, this
action would apply if State or local agencies implement regulations
using any of the stationary source compliance test methods in Appendix
M of Part 51 by adopting these methods in rules or permits (either by
incorporation by reference or by duplicating the method in its
entirety).
The source categories and entities potentially affected include,
but are not limited to, the following:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category NAICS \a\ Examples of regulated entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry....................................... 336111 Surface Coating.
336112
Industry....................................... 332410 Industrial, Commercial, Institutional Steam Generating Units.
Industry....................................... 332410 Electric Generating Units.
Industry....................................... 333611 Stationary Gas Turbines.
Industry....................................... 324110 Petroleum Refineries.
Industry....................................... 562213 Municipal Waste Combustors.
Industry....................................... 322110 Pulp and Paper Mills.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer (C404-02), U.S. EPA, Office of Air Quality
Planning and Standards, Research Triangle Park, NC 27711, Attention
Docket ID No. EPA-HQ-OAR-2008-0531. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
C. Where Can I Obtain a Copy of This Action and Other Related
Information?
In addition to being available in the docket, an electronic copy of
these proposed amendments is also available on the Worldwide Web
(https://www.epa.gov/ttn) through the Technology Transfer Network (TTN).
Following the Administrator's signature, a copy of the proposed
amendment will be posted on the TTN's policy and guidance page for
newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg.
The TTN provides information and technology exchange in various areas
of air pollution control.
D. How Is This Document Organized?
The information in this preamble is organized as follows:
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My Comments for EPA?
C. Where Can I Obtain a Copy of This Document and Other Related
Information?
D. How Is This Document Organized?
II. Background
III. This Action
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
[[Page 28453]]
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
II. Background
Quality assurance is an important part of evaluating the validity
of compliance test data. One way of checking the quality of the data
obtained during compliance tests is to use audit samples. Audit samples
are samples whose true value is known to the supplier but not to the
user and are analyzed alongside the samples collected in the field
during the compliance test to evaluate the quality of the data. In the
past, there were no private entities who supplied stationary source
audit samples, so EPA provided them free of charge to regulatory
agencies. Over the past few years with the emergence of field sampling
and laboratory accreditation programs, there has been an increasing
need for such samples and a number of private providers have emerged.
EPA believes it is no longer necessary for it to supply audit samples
and, therefore, has decided to restructure the audit program to allow
private accredited suppliers to provide audit samples to industries for
use in compliance testing at stationary source facilities.
III. This Action
This action proposes to revise the General Provisions of Parts 51,
60, 61, and 63 to allow accredited audit sample providers to supply
stationary source audit samples and to require sources to obtain and
use these samples from the accredited providers instead of from EPA, as
is the current practice. It also revises test methods 5I, 6, 6A-C, 7,
7A-D, 8, 15A, 16A, 18, 23, 25, 25C, 25D, 26, 26A, 104, 106, 108, 108A-
C, 204A-F, 306, 306A, and 308 to delete any language pertaining to
audit samples. By adding language to the General Provisions of Parts
51, 60, 61 and 63, the requirement to obtain and use audits for
stationary source compliance test using EPA stationary source test
methods is expanded and clarified. The current General Provisions and
EPA test methods are not consistent in their language concerning the
use or availability of audit samples. This action will potentially
increase the number of test methods required to use audit samples and
will clarify how the samples are to be obtained and used. By clarifying
the requirement for audit samples and expanding their availability
through multiple providers, EPA believes more audits will be used
during compliance tests and the overall quality of the data used for
determining compliance will improve.
This action proposes minimum requirements for the audit samples,
the accredited audit sample providers (AASP), and the audit sample
provider acceditor (ASPA). The AASP is the company that prepares and
distributes the audit samples and the ASPA is a third-party
organization that will accredit and monitor the performance of the
AASPs. Both the AASP and the ASPA must work with a voluntary consensus
standard body using the consensus process to develop criteria documents
that describe how they will function. The Federal Office of Management
and Budget Circular A-119 defines a voluntary consensus standards body
(VCSB) as one having the following attributes: (i) Openness; (ii)
balance of interest; (iii) due process; (iv) an appeals process; and
(v) consensus, which is general agreement, but not necessarily
unanimity, and includes a process for attempting to resolve objections
by interested parties. As long as all comments have been fairly
considered, each objector is advised of the disposition of his or her
objection(s) and the reason(s) why, and the consensus body members are
given an opportunity to change their votes after reviewing the
comments.
AASPs must be accredited by an ASPA according to a technical
criteria document developed by a VCSB. There may be many AASPs and more
than one ASPA and VCSB. We predict that initially there will only be
one VCSB. An example of an acceptable accredited proficiency test
sample provider (APTSP) technical criteria document is Volume 3,
``General Requirements for Environmental Proficiency Test Providers''
adopted December 22, 2007, (incorporated by reference--see Sec.
60.17). This document specifies the requirements for providers who
supply proficiency test (PT) samples for accrediting laboratories to
perform analysis of water and solid waste samples and is an example of
the type of technical criteria document that would be needed for
providers of stationary source audits.
This action proposes language that outlines the responsibilities of
the regulated source owner or operator to acquire and use an audit
sample for all testing conducted to determine compliance with an air
emission limit. The requirement would apply only if there is a
commercially available audit for the test method used during the
compliance testing. The source owner, operator or representative shall
report the results for the audit sample along with a summary of the
emission test results for the audited pollutant to the appropriate
compliance authority.
This action proposes if there are no audit samples available from
the AASPs, PT samples supplied by an accredited proficiency test sample
provider (APTSP) may be used as an alternative provided that they are
distributed as blind audit samples.
From a scientific standpoint, PT samples and audit samples are
identical. Physically and chemically, the samples are the same.
However, the purpose of the samples is slightly different. The PT
samples are designed to establish the proficiency of a laboratory for
performing a specific method or procedure as in a lab accreditation
program. The PT samples are typically analyzed on a recurring schedule
at some specified time interval that is not connected to any particular
event. They are only designed to demonstrate that the laboratory has
the capability to properly analyze a particular kind of sample by a
particular method. Audit samples by contrast are event driven. They are
designed to demonstrate that during a particular test event, the tester
produced acceptable results for the method or procedure that was used
during that test event. They are not analyzed on a regular schedule,
but they are analyzed only during the particular event (a compliance
test for example) that is being ``audited''. They must be analyzed by
the same analyst, using the same equipment and materials that are used
to analyze the samples for which the audit is being conducted.
In addition to allowing private AASPs to provide audit samples for
the stationary source audit program, this action shifts the burden of
obtaining an audit sample from the compliance authority to the source.
In the past, the EPA provided the samples to the compliance authorities
at no cost, but this action proposes to require the source to purchase
the samples from an accredited provider. The samples will vary in cost
depending on the type of audit sample required; however, the cost will
be a very small portion of the cost of a compliance test (approximately
one percent). Based on historical data, EPA estimates that the total
cost to industry to purchase audit samples will be between $100,00 to
$150,000 per year at the current usage rate.
[[Page 28454]]
IV. 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 (EO) 12866 (58 FR 51735, October 4, 1993) and
is, therefore, not subject to review under the EO.
B. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA has been
assigned EPA ICR number 2355.01.
A regulated emission source conducting a compliance test would
purchase an audit sample from an AASP. The AASP would report the true
value of the audit sample to the compliance authority (State, local or
EPA Regional Office). This is a new reporting requirement. The AASP
would in most cases make the report by electronic mail. A report would
be made for each audit sample that the AASP sold to a regulated
emission source that was conducting an emissions test to determine
compliance with an emission limit.
Based on historic data, EPA estimates that there will be about 1000
audit samples sold each year generating the need for about 1000 reports
which corresponds to 80 hours burden or 0.08 hour per response for
reporting and recordkeeping. The estimated cost burden is $5.05 per
response or an annual burden of $5,050. Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this rule, which
include this ICR, under Docket ID number EPA-HQ-OAR-2008-0531. Submit
any comments related to the ICR for this proposed rule to EPA and OMB.
See ADDRESSES section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after June 16, 2009, a comment to OMB is best
assured of having its full effect if OMB receives it by July 16, 2009.
The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.
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 this 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; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We do not
anticipate that the proposed restructuring of the audit program will
result in a significant economic impact on small entities.
D. Unfunded Mandates Reform Act
This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
The incremental costs associated with purchasing the audit samples
(expected to be less than $1,000 per test) do not impose a significant
burden on sources. Thus, this rule is not subject to the requirements
of sections 202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule actually
removes the responsibility of acquiring the audit samples from the
government agencies to the regulated facility.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' 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 proposed 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. The proposed amendments would
add language to the general provisions to allow accredited providers to
supply stationary source audit samples and to require sources to obtain
and use these samples from the accredited providers instead of from
EPA, as is the current practice. Thus, Executive Order 13132 does not
apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) The proposed
amendments would
[[Page 28455]]
add language to the general provisions to allow accredited providers to
supply stationary source audit samples and to require sources to obtain
and use these samples from the accredited providers instead of from
EPA, as is the current practice. 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 EO 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 EO has the
potential to influence the regulation. This action is not subject to EO
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 action is not subject to Executive Order 13211 (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 No. 104-113 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, 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.
This proposed rulemaking involves technical standards. EPA proposes
to incorporate by reference two consensus standards from The NELAC
Institute (TNI). The first standard is TNI Standard Volume 3 entitled
General Requirements for Environmental Proficiency Providers which was
adopted by TNI on December 22, 2007. The second standard is TNI
Standard Volume 4 entitled General Standard for an Accreditor of
Environmental Proficiency Test Providers. The two documents can be
obtained by downloading them from the TNI Web site (https://www.nelac-institute.org).
EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable VCS and explain why such standards should be used in this
regulation.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629, February 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 proposed 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. The proposed amendments would add language to the general
provisions to allow accredited providers to supply stationary source
audit samples and to require sources to obtain and use these samples
from the accredited providers instead of from EPA, as is the current
practice.
List of Subjects
40 CFR Part 51
Administrative practice and procedure, Air pollution control,
Carbon monoxide, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen oxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur compounds, Volatile organic
compounds.
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, continuous emission monitors, Incorporation by
reference.
40 CFR Part 61
Environmental protection, Air pollution control, Incorporation by
reference.
40 CFR Part 63
Environmental protection, Administrative practice and Procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Incorporation by reference, Reporting and recordkeeping
requirements.
Dated: June 5, 2009.
Lisa P. Jackson,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
2. Amend Appendix M to part 51 as follows:
a. Designate the three introductory paragraphs as 1.0 through 3.0.
b. Add new introductory paragraph 4.0.
c. In Method 204A by removing Sections 7.2, 7.2.1, 7.2.2, and
7.2.3.
d. In Method 204B by removing Sections 6.2, 6.2.1, 6.2.2, and
6.2.3.
e. In Method 204C by removing Sections 6.2, 6.2.1, 6.2.2, and
6.2.3.
f. In Method 204D by removing Sections 6.2, 6.2.1, 6.2.2, and
6.2.3.
g. In Method 204E by removing Sections 6.2, 6.2.1, 6.2.2, and
6.2.3.
h. In Method 204F by removing Sections 6.3, 6.3.1, 6.3.2, 6.3.3.
Appendix M To Part 51--Recommended Test Methods for State
Implementation Plans
* * * * *
4.0 Quality Assurance Procedures. The performance test shall
include an external QA program which shall include, at a minimum, a
test method performance audit (PA) during the performance test. The
PAs consist of blind audit samples supplied by an accredited audit
sample provider and analyzed during the performance test in order to
provide a measure of test data bias. The audit sample must be
analyzed by the same analyst using the same analytical reagents and
analytical system as the compliance samples. Retests are required
when there is a failure to produce acceptable results for an audit
sample. However, if the audit results do not affect the compliance
or noncompliance status of the affected facility, the compliance
authority may waive the reanalysis requirement, further audits, or
retests and accept the results of the compliance test. The
compliance authority may also use the audit sample failure and the
compliance test results as evidence to
[[Page 28456]]
determine the compliance or noncompliance status of the affected
facility. A blind audit sample is a sample whose value is known only
to the sample provider and is not revealed to the tested facility
until after they report the measured value of the audit sample. For
pollutants that exist in the gas phase at ambient temperature, the
audit sample shall consist of an appropriate concentration of the
pollutant in air or nitrogen that can be introduced into the
sampling system of the test method at the same entry point as a
sample from the emission source. If no gas phase audit samples are
available, an acceptable alternative is a sample of the pollutant in
the same matrix that would be produced when the sample is recovered
from the sampling system as required by the test method. For samples
that exist only in a liquid or solid form at ambient temperature,
the audit sample shall consist of an appropriate concentration of
the pollutant in the same matrix that would be produced when the
sample is recovered from the sampling system as required by the test
method. An accredited audit sample provider (AASP) is an
organization that has been accredited to prepare audit samples by an
independent, third party accrediting body. If there are no audit
samples available from an accredited audit sample provider,
proficiency test (PT) samples supplied by an accredited PT sample
provider (APTSP) may be used as an alternative provided that they
are distributed as blind audit samples as defined in this paragraph.
A proficiency test sample is a sample whose composition is unknown
to the laboratory and is provided to test whether the laboratory can
produce results within the specified acceptance range. The external
QA program may also include systems audits that include the
opportunity for on-site evaluation by the Administrator of
instrument calibration, data validation, sample logging, and
documentation of quality control data and field maintenance
activities.
a. The source owner, operator, or representative of the tested
facility shall obtain an audit sample, if available, from an AASP or
APTSP for each test method used for regulatory compliance purposes.
If the source owner, operator, or representative cannot find an
audit sample for a specific method, the owner, operator, or
representative shall consult the EPA Web site at the following URL,
www.epa.gov/ttn/emc, to confirm whether there is a source that can
supply an audit sample for that method. If the EPA Web site does not
list an available audit sample at least 60 days prior to the
beginning of the compliance test, the source owner, operator, or
representative shall not be required to include an audit sample as
part of the quality assurance program for the compliance test. When
ordering an audit sample, the source owner, operator, or
representative shall give the sample provider an estimate for the
concentration of each pollutant that is emitted by the source and
the name, address, and phone number of the compliance authority. The
source owner, operator, or representative shall report the results
for the audit sample along with a summary of the emission test
results for the audited pollutant to the compliance authority and
shall report the results of the audit sample to the AASP or the
APTSP. The source owner, operator, or representative shall make both
reports at the same time and in the same manner or shall report to
the compliance authority first and report to the AASP or APTSP. If
the method being audited is a method that allows the samples to be
analyzed in the field and the tester plans to analyze the samples in
the field, the tester may analyze the audit samples prior to
collecting the emission samples provided a representative of the
compliance authority is present at the testing site. The source
owner, operator, or representative may report the results of the
audit sample to the compliance authority and then report the results
of the audit sample to the AASP or the APTSP prior to collecting any
emission samples. The test protocol and final test report shall
document whether an audit sample was ordered and utilized and the
pass/fail results as applicable.
b. An AASP or APTSP shall have and shall prepare, analyze, and
report the true value of audit samples in accordance with a written
technical criteria document that describes how audit samples or PT
samples will be prepared and distributed in a manner that will
insure the integrity of the audit sample program. One acceptable
APTSP technical criteria document is Volume 3, ``General
Requirements for Environmental Proficiency Test Providers''
(incorporated by reference--see Sec. 60.17). An acceptable
technical criteria document shall contain standard operating
procedures for all of the following operations:
1. Preparing the sample;
2. Confirming the true concentration of the sample;
3. Distributing the sample to the user in a manner that
guarantees that the true value of the sample is unknown to the user;
4. Recording the measured concentration reported by the user and
determining if the measured value is within acceptable limits;
5. The AASP or APTSP shall report the results from each audit
sample to the compliance authority and to the source owner,
operator, or representative. The AASP or APTSP shall make both
reports at the same time and in the same manner or shall report to
the compliance authority first and then report to the source owner,
operator, or representative. The results shall include the name of
the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection,
the name of the company that analyzed the compliance samples
including the audit sample, the measured result for the audit
sample, the true value of the audit sample, the acceptance range for
the measured value, and whether the testing company passed or failed
the audit.
6. Evaluating the acceptance limits of samples at least once
every two years to determine in consultation with the voluntary
consensus standard body if they should be changed;
7. Maintaining a database, accessible to the compliance
authorities, of results from the audit that shall include the name
of the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection,
the name of the company that analyzed the compliance samples
including the audit sample, the measured result for the audit
sample, the true value of the audit sample, the acceptance range for
the measured value, and whether the testing company passed or failed
the audit.
c. The accrediting body shall have a written technical criteria
document that describes how it will insure that the AASP or APTSP is
operating in accordance with the AASP or APTSP technical criteria
document that describes how audit or PT samples are to be prepared
and distributed. This document shall contain standard operating
procedures for all of the following operations:
1. Checking audit samples to confirm their true value as
reported by the AASP;
2. Performing technical systems audits of the AASP's facilities
and operating procedures at least once every two years.
3. Providing standards for use by the voluntary consensus
standard body to approve the accrediting body that will accredit the
audit sample providers.
d. The technical criteria documents for the accredited sample
providers and the accrediting body shall be developed through a
public process guided by a voluntary consensus standards body
(VCSB). The VCSB shall operate in accordance with the procedures and
requirements in the Office of Management and Budget Circular A-119.
The VCSB shall approve all accrediting bodies. The Administrator
will review all technical criteria documents. If the technical
criteria documents do not meet the minimum technical requirements in
this Appendix M, paragraph b. through d. of this paragraph 4.0, the
technical criteria documents are not acceptable and the proposed
audit sample program is not capable of producing audit samples of
sufficient quality to be used in a compliance test. All acceptable
technical criteria documents are incorporated by reference in 40 CFR
60.17.
* * * * *
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
3. The authority citation for Part 60 continues to read as follows:
Authority: 42 U.S.C. 7410, 7414, 7421, 7470-7479, 7491, 7492,
7601 and 7602.
4. Section 60.8 is amended by adding paragraph (g) to read as
follows:
Sec. 60.8 Performance tests.
* * * * *
(g) The performance test shall include an external QA program which
shall include, at a minimum, a test method performance audit (PA)
during the performance test. The PAs consist of blind audit samples
supplied by an accredited audit sample provider and analyzed during the
performance test in order to provide a measure of test data bias. The
audit sample must be analyzed
[[Page 28457]]
by the same analyst using the same analytical reagents and analytical
system as the compliance samples. Retests are required when there is a
failure to produce acceptable results for an audit sample. However, if
the audit results do not affect the compliance or noncompliance status
of the affected facility, the compliance authority may waive the
reanalysis requirement, further audits, or retests and accept the
results of the compliance test. The compliance authority may also use
the audit sample failure and the compliance test results as evidence to
determine the compliance or noncompliance status of the affected
facility. A blind audit sample is a sample whose value is known only to
the sample provider and is not revealed to the tested facility until
after they report the measured value of the audit sample. For
pollutants that exist in the gas phase at ambient temperature, the
audit sample shall consist of an appropriate concentration of the
pollutant in air or nitrogen that can be introduced into the sampling
system of the test method at the same entry point as a sample from the
emission source. If no gas phase audit samples are available, an
acceptable alternative is a sample of the pollutant in the same matrix
that would be produced when the sample is recovered from the sampling
system as required by the test method. For samples that exist only in a
liquid or solid form at ambient temperature, the audit sample shall
consist of an appropriate concentration of the pollutant in the same
matrix that would be produced when the sample is recovered from the
sampling system as required by the test method. An accredited audit
sample provider (AASP) is an organization that has been accredited to
prepare audit samples by an independent, third party accrediting body.
If there are no audit samples available from an accredited audit sample
provider, proficiency test (PT) samples supplied by an accredited PT
sample provider (APTSP) may be used as an alternative provided that
they are distributed as blind audit samples as defined in this
paragraph. A PT sample is a sample whose composition is unknown to the
laboratory and is provided to test whether the laboratory can produce
results within the specified acceptance range. The external QA program
may also include systems audits that include the opportunity for on-
site evaluation by the Administrator of instrument calibration, data
validation, sample logging, and documentation of quality control data
and field maintenance activities.
(1) The source owner, operator, or representative of the tested
facility shall obtain an audit sample, if available, from an AASP or
APTSP for each test method used for regulatory compliance purposes. If
the source owner, operator, or representative cannot find an audit
sample for a specific method, the owner, operator, or representative
shall consult the EPA Web site at the following URL, www.epa.gov/ttn/emc, to confirm whether there is a source that can supply an audit
sample for that method. If the EPA Web site does not list an available
audit sample at least 60 days prior to the beginning of the compliance
test, the source owner, operator, or representative shall not be
required to include an audit sample as part of the quality assurance
program for the compliance test. When ordering an audit sample, the
source, operator, or representative shall give the sample provider an
estimate for the concentration of each pollutant that is emitted by the
source and the name, address, and phone number of the compliance
authority. The source owner, operator, or representative shall report
the results for the audit sample along with a summary of the emission
test results for the audited pollutant to the compliance authority and
shall report the results of the audit sample to the AASP or the APTSP.
The source owner, operator, or representative shall make both reports
at the same time and in the same manner or shall report to the
compliance authority first and then report to the AASP or APTSP. If the
method being audited is a method that allows the samples to be analyzed
in the field and the tester plans to analyze the samples in the field,
the tester may analyze the audit samples prior to collecting the
emission samples provided a representative of the compliance authority
is present at the testing site. The source owner, operator, or
representative may report the results of the audit sample to the
compliance authority and report the results of the audit sample to the
AASP or the APTSP prior to collecting any emission samples. The test
protocol and final test report shall document whether an audit sample
was ordered and utilized and the pass/fail results as applicable.
(2) An AASP or APTSP shall have and shall prepare, analyze, and
report the true value of audit samples in accordance with a written
technical criteria document that describes how audit samples or PT
samples will be prepared and distributed in a manner that will insure
the integrity of the audit sample program. One acceptable APTSP
technical criteria document is Volume 3, ``General Requirements for
Environmental Proficiency Test Providers'' (incorporated by reference--
see Sec. 60.17.) An acceptable technical criteria document shall
contain standard operating procedures for all of the following
operations:
(i) Preparing the sample;
(ii) Confirming the true concentration of the sample;
(iii) Distributing the sample to the user in a manner that
guarantees that the true value of the sample is unknown to the user;
(iv) Recording the measured concentration reported by the user and
determining if the measured value is within acceptable limits;
(v) The AASP or APTSP shall report the results from each audit
sample to the compliance authority and then to the source owner,
operator, or representative. The AASP or APTSP shall make both reports
at the same time and in the same manner or shall report to the
compliance authority first and then report to the source owner,
operator, or representative. The results shall include the name of the
facility tested, the date on which the compliance test was conducted,
the name of the company performing the sample collection, the name of
the company that analyzed the compliance samples including the audit
sample, the measured result for the audit sample, the true value of the
audit sample, the acceptance range for the measured value, and whether
the testing company passed or failed the audit.
(vi) Evaluating the acceptance limits of samples at least once
every two years to determine in cooperation with the voluntary
consensus standard body if they should be changed;
(vii) Maintaining a database, accessible to the compliance
authorities, of results from the audit that shall include the name of
the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection,
the name of the company that analyzed the compliance samples including
the audit sample, the measured result for the audit sample, the true
value of the audit sample, the acceptance range for the measured value,
and whether the testing company passed or failed the audit.
(3) The accrediting body shall have a written technical criteria
document that describes how it will insure that the AASP or APTSP is
operating in accordance with the AASP or APTSP technical criteria
document that describes how audit or PT samples are to be prepared and
distributed. This document shall contain standard
[[Page 28458]]
operating procedures for all of the following operations:
(i) Checking audit samples to confirm their true value as reported
by the AASP;
(ii) Performing technical systems audits of the AASP's facilities
and operating procedures at least once every two years;
(iii) Providing standards for use by the voluntary consensus
standard body to approve the accrediting body that will accredit the
audit sample providers.
(4) The technical criteria documents for the accredited sample
providers and the accrediting body shall be developed through a public
process guided by a voluntary consensus standards body (VCSB). The VCSB
shall operate in accordance with the procedures and requirements in the
Office of Management and Budget Circular A-119. The VCSB shall approve
all accrediting bodies. The Administrator will review all technical
criteria documents. If the technical criteria documents do not meet the
minimum technical requirements in paragraphs (g)(2) through (4) of this
section, the technical criteria documents are not acceptable and the
proposed audit sample program is not capable of producing audit samples
of sufficient quality to be used in a compliance test. All acceptable
technical criteria documents are incorporated by reference in 40 CFR
60.17.
5. In Appendix A-3 to part 60 amend Method 5I by revising Section
7.2 to read as follows:
Appendix A-3 to Part 60--Test Methods 4 through 5I
* * * * *
Method 5I--Determination of Low Level Particulate Matter Emissions from
Stationary Sources
* * * * *
7.2 Standards. There are no applicable standards commercially
available for Method 5I analyses.
* * * * *
6. Amend Appendix A-4 to part 60 as follows:
a. In Method 6 as follows:
i. Remove Section 7.3.6.
ii. Revise Section 9.0.
iii. Remove Sections 11.3, 11.3.1 through 11.3.3, 11.4, 11.4.1
through 11.4.4, and 12.4.
iv. Revise Section 12.1.
b. In Method 6A as follows:
i. Remove Section 11.2
ii. Revise Section 16.5.
c. In Method 6B by removing Section 11.2.
d. In Method 6C by revising Section 16.1.
e. In Method 7 as follows:
i. Remove Section 7.3.10.
ii. Revise Section 9.0.
iii. Remove Sections 11.4, 11.4.1 through 11.4.3, 11.5, 11.5.1
through 11.5.4, and 12.6.
iv. Revise Section 12.1.
f. In Method 7A as follows:
i. Revise Section 6.3.
ii. Remove Section 7.3.5.
iii. Revise Section 9.0.
iv. Remove Section 11.3.
g. In Method 7B as follows:
i. Revise Section 9.0.
ii. Remove Section 11.4.
h. In Method 7C as follows:
i. Remove Section 7.2.15.
ii. Revise Section 9.0.
iii. Remove Section 11.6.
i. In Method 7D as follows:
i. Remove Sections 7.2.6 and 11.3.
ii. Revise Section 9.0.
j. In Method 8 as follows:
i. Remove Section 7.3.1.
ii. Revise Section 9.1.
iii. Remove Sections 11.3, 11.3.1, 11.3.2, 11.3.3, 11.4, 11.4.1,
11.4.2, 11.4.3, 11.4.4, and 12.9.
iv. Revise Section 12.1.
Appendix A-4 to Part 60--Test Methods 6 through 10B
* * * * *
Method 6--Determination of Sulfur Dioxide Emissions from Stationary
Sources
* * * * *
9.0 Quality Control.
----------------------------------------------------------------------------------------------------------------
Section Quality control measure Effect
----------------------------------------------------------------------------------------------------------------
7.1.2................................. Isopropanol check............. Ensure acceptable level of peroxide
impurities in isopropanol.
8.2, 10.1-10.4........................ Sampling equipment leak-check Ensure accurate measurement of stack gas
and calibration. flow rate, sample volume.
10.5.................................. Barium standard solution Ensure precision of normality
standardization. determination.
11.2.3................................ Replicate titrations.......... Ensure precision of titration
determinations.
----------------------------------------------------------------------------------------------------------------
* * * * *
12.1 Nomenclature.
CSO2 = Concentration of SO2, dry basis,
corrected to standard conditions, mg/dscm (lb/dscf).
N = Normality of barium standard titrant, meq/ml.
Pbar = Barometric pressure, mm Hg (in. Hg).
Pstd = Standard absolute pressure, 760 mm Hg (29.92 in.
Hg).
Tm = Average DGM absolute temperature, [deg]K ([deg]R).
Tstd = Standard absolute temperature, 293 [deg]K (528
[deg]R).
Va = Volume of sample aliquot titrated, ml.
Vm = Dry gas volume as measured by the DGM, dcm (dcf).
Vm(std) = Dry gas volume measured by the DGM, corrected
to standard conditions, dscm (dscf).
Vsoln = Total volume of solution in which the
SO2 sample is contained, 100 ml.
Vt = Volume of barium standard titrant used for the
sample (average of replicate titration), ml.
Vtb = Volume of barium standard titrant used for the
blank, ml.
Y = DGM calibration factor.
* * * * *
Method 6A--Determination of Sulfur Dioxide, Moisture and Carbon Dioxide
Emissions from Fossil Fuel Combustion Sources
* * * * *
16.5 Sample Analysis. Analysis of the peroxide solution is the
same as that described in Section 11.1.
* * * * *
Method 6C--Determination of Sulfur Dioxide Emissions from Stationary
Sources (Instrumental Analyzer Procedure)
* * * * *
16.1 Alternative Interference Check. You may perform an
alternative interference check consisting of at least three
comparison runs between Method 6C and Method 6. This check validates
the Method 6C results at each particular source category (type of
facility) where the check is performed. When testing under
conditions of low concentrations (<15 ppm), this alternative
interference check is not allowed.
Note: The procedure described below applies to non-dilution
sampling systems only. If this alternative interference check is
used for a dilution sampling system, use a standard Method 6
sampling train and extract the sample directly from the exhaust
stream at points collocated with the Method 6C sample probe.
(1) Build the modified Method 6 sampling train (flow control
valve, two midget impingers containing 3 percent hydrogen peroxide,
and dry gas meter) shown in Figure 6C-1. Connect the sampling train
to the sample bypass discharge vent. Record the dry gas meter
reading before you begin sampling. Simultaneously collect modified
Method 6 and Method 6C samples. Open the flow control valve in the
modified Method 6 train as you begin to sample with Method 6C.
Adjust the Method 6 sampling rate to 1 liter per minute (.10
percent). The sampling time per run must be the same as for Method 6
plus twice the average measurement system response time. If your
modified Method 6 train does not include a pump, you risk biasing
the results high if you over-pressurize the midget impingers and
cause a leak. You
[[Page 28459]]
can reduce this risk by cautiously increasing the flow rate as
sampling begins.
(2) After completing a run, record the final dry gas meter
reading, meter temperature, and barometric pressure. Recover and
analyze the contents of the midget impingers using the procedures in
Method 6. Determine the average gas concentration reported by Method
6C for the run.
* * * * *
Method 7--Determination of Nitrogen Oxide Emissions from Stationary
Sources
* * * * *
9.0 Quality Control.
----------------------------------------------------------------------------------------------------------------
Section Quality control measure Effect
----------------------------------------------------------------------------------------------------------------
10.1.................................. Spectrophotometer calibration. Ensure linearity of spectrophotometer
response to standards.
----------------------------------------------------------------------------------------------------------------
* * * * *
12.1 Nomenclature.
A = Absorbance of sample.
A1 = Absorbance of the 100-[mu]g NO2 standard.
A2 = Absorbance of the 200-[mu]g NO2 standard.
A3 = Absorbance of the 300-[mu]g NO2 standard.
A4 = Absorbance of the 400-[mu]g NO2 standard.
C = Concentration of NOX as NO2, dry basis,
corrected to standard conditions, mg/dsm\3\ (lb/dscf).
F = Dilution factor (i.e., 25/5, 25/10, etc., required only if
sample dilution was needed to reduce the absorbance into the range
of the calibration).
Kc = Spectrophotometer calibration factor.
m = Mass of NOX as NO2 in gas sample, [mu]g.
Pf = Final absolute pressure of flask, mm Hg (in. Hg).
Pi = Initial absolute pressure of flask, mm Hg (in. Hg).
Pstd = Standard absolute pressure, 760 mm Hg (29.92 in.
Hg).
Tf = Final absolute temperature of flask, [deg]K
([deg]R).
Ti = Initial absolute temperature of flask, [deg]K
([deg]R).
Tstd = Standard absolute temperature, 293 [deg]K (528
[deg]R).
Vsc = Sample volume at standard conditions (dry basis),
ml.
Vf = Volume of flask and valve, ml.
Va = Volume of absorbing solution, 25 ml.
* * * * *
Method 7A--Determination of Nitrogen Oxide Emissions from Stationary
Sources (Ion Chromatographic Method)
* * * * *
6.3 Analysis. For the analysis, the following equipment and
supplies are required. Alternative instrumentation and procedures
will be allowed provided the calibration precision requirement in
Section 10.1.2 can be met.
* * * * *
9.0 Quality Control.
----------------------------------------------------------------------------------------------------------------
Section Quality control measure Effect
----------------------------------------------------------------------------------------------------------------
10.1.................................. Ion chromatograph calibration. Ensure linearity of ion chromatograph
response to standards.
----------------------------------------------------------------------------------------------------------------
* * * * *
Method 7B--Determination of Nitrogen Oxide Emissions from Stationary
Sources (Ultraviolet Spectrophotometric Method)
* * * * *
9.0 Quality Control.
----------------------------------------------------------------------------------------------------------------
Section Quality control measure Effect
----------------------------------------------------------------------------------------------------------------
10.1.................................. Spectrophotometer calibration. Ensures linearity of spectrophotometer
response to standards.
----------------------------------------------------------------------------------------------------------------
* * * * *
Method 7C--Determination of Nitrogen Oxide Emissions from Stationary
Sources (Alkaline Permanganate/Colorimetric Method)
* * * * *
9.0 Quality Control.
----------------------------------------------------------------------------------------------------------------
Section Quality control measure Effect
----------------------------------------------------------------------------------------------------------------
8.2, 10.1-10.3........................ Sampling equipment leak-check Ensure accurate measurement of sample
and calibration. volume.
10.4.................................. Spectrophotometer calibration. Ensure linearity of spectrophotometer
response to standards.
11.3.................................. Spiked sample analysis........ Ensure reduction efficiency of column.
----------------------------------------------------------------------------------------------------------------
* * * * *
Method 7D--Determination of Nitrogen Oxide Emissions from Stationary
Sources--Alkaline-Permanganate/Ion Chromatographic Method
* * * * *
9.0 Quality Control.
----------------------------------------------------------------------------------------------------------------
Section Quality control measure Effect
----------------------------------------------------------------------------------------------------------------
8.2, 10.1-10.3........................ Sampling equipment leak-check Ensure accurate measurement of sample
and calibration. volume.
10.4.................................. Spectrophotometer calibration. Ensure linearity of spectrophotometer
response to standards.
11.3.................................. Spiked sample analysis........ Ensure reduction efficiency of column.
----------------------------------------------------------------------------------------------------------------
[[Page 28460]]
* * * * *
Method 8--Determination of Sulfuric Acid and Sulfur Dioxide Emissions
from Stationary Sources
* * * * *
9.1 Miscellaneous Quality Control Measures.
----------------------------------------------------------------------------------------------------------------
Section Quality control measure Effect
----------------------------------------------------------------------------------------------------------------
7.