Revisions to Test Methods and Testing Regulations, 1130-1179 [2011-31234]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Proposed Rules]
[Pages 1130-1179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31234]



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Vol. 77

Monday,

No. 5

January 9, 2012

Part II





Environmental Protection Agency





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40 CFR Parts 51, 60, 61, et al.





Revisions to Test Methods and Testing Regulations; Proposed Rule

Federal Register / Vol. 77 , No. 5 / Monday, January 9, 2012 / 
Proposed Rules

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 60, 61, and 63

[EPA-HQ-OAR-2010-0114; FRL-9501-3]
RIN 2060-AQ01


Revisions to Test Methods and Testing Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes editorial and technical corrections 
necessary for source testing of emissions and operations. The revisions 
include the addition of alternative equipment and methods as well as 
corrections to technical and typographical errors. We also solicit 
public comment on potential changes to the current procedures for 
determining emission stratification.

DATES: Comments must be received on or before March 9, 2012.
    Public Hearing. If anyone contacts the EPA by January 19, 2012 
requesting to speak at a public hearing, a hearing will be held on 
February 8, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0114, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Revisions to Test Methods and Testing Regulations, 
Docket No. EPA-HQ-OAR-2010-0114, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. 
Please include two copies.
     Hand Delivery: Docket No. EPA-HQ-OAR-2010-0114, EPA Docket 
Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460. 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-
2010-0114. The 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 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through www.regulations.gov, your email 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, the EPA recommends that you include your 
name and other contact information in the body of your comment as well 
as with any disk or CD-ROM you submit. If the EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, the 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.
    Docket: All documents in the docket are listed in the 
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 www.regulations.gov or in hard copy at the Revisions to Test Methods 
and Testing Regulations Docket, EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave. NW., Washington, DC 20460. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Revisions to Test 
Methods and Testing Regulations Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Foston Curtis, Office of Air 
Quality Planning and Standards, Air Quality Assessment Division (E143-
02), Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone number: (919) 541-1063; fax number: (919) 541-0516; email 
address: curtis.foston@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    The proposed amendments apply to a large number of industries that 
are already subject to the current provisions of Parts 51, 60, 61, and 
63. Therefore, we have not listed specific affected industries or their 
North American Industry Classification System (NAICS) codes here. If 
you have any questions regarding the applicability of this action to a 
particular entity, consult either the air permitting authority for the 
entity or your EPA regional representative as listed in 40 CFR 63.13.

B. What should I consider as I prepare my comments for the EPA?

    1. Submitting CBI. Do not submit this information to the EPA 
through https://www.regulations.gov or email. Clearly mark any of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to the 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:
     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 get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed rule will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of

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this proposed rule will be posted on the TTN's policy and guidance page 
for newly proposed or promulgated rules at the following address: 
https://www.epa.gov/ttn/oarpg/. The TTN provides information and 
technology exchange in various areas of air pollution control. A 
redline/strikeout document comparing the proposed revisions to the 
appropriate sections of the current rules is located in the docket.

D. How is this document organized?

    The supplementary 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 the EPA?
    C. Where can I get a copy of this document?
    D. How is this document organized?
II. Background
III. Summary of Amendments
    A. Appendix M of Part 51
    B. Method 201A of Appendix M of Part 51
    C. Method 202 of Appendix M of Part 51
    D. General Provisions (Subpart A) Part 60
    E. Industrial-Commercial-Institutional Steam Generating Units 
(Subpart Db) Part 60
    F. Hospital/Medical/Infectious Waste Incinerators (Subpart Ec) 
Part 60
    G. Sulfuric Acid Plants (Subpart H) Part 60
    H. Sewage Treatments Plants (Subpart O) Part 60
    I. Kraft Pulp Mills (Subpart BB) Part 60
    J. Stationary Gas Turbines (Subpart GG) Part 60
    K. Lead-Acid Battery Manufacturing Plants (Subpart KK) Part 60
    L. Metallic Mineral Processing Plants (Subpart LL) Part 60
    M. Asphalt Processing and Asphalt Roofing Manufacture (Subpart 
UU) Part 60
    N. Volatile Organic Chemical (VOC) Emissions From Synthetic 
Organic Compound Manufacturing Industry (SOCMI) Distillation 
Operations (Subpart NNN) Part 60
    O. Stationary Compression Ignition Internal Combustion Engines 
(Subpart IIII) Part 60
    P. Stationary Spark Ignition Internal Combustion Engines 
(Subpart JJJJ) Part 60
    Q. Method 1 of Appendix A-1 of Part 60
    R. Method 2 of Appendix A-1 of Part 60
    S. Method 2A of Appendix A-1 of Part 60
    T. Method 2B of Appendix A-1 of Part 60
    U. Method 2D of Appendix A-1 of Part 60
    V. Method 3A of Appendix A-2 of Part 60
    W. Method 4 of Appendix A-3 of Part 60
    X. Method 5 of Appendix A-3 of Part 60
    Y. Method 5A of Appendix A-3 of Part 60
    Z. Method 5E of Appendix A-3 of Part 60
    AA. Method 5H of Appendix A-3 of Part 60
    BB. Method 6 of Appendix A-4 of Part 60
    CC. Method 6C of Appendix A-4 of Part 60
    DD. Method 7 of Appendix A-4 of Part 60
    EE. Method 7A of Appendix A-4 of Part 60
    FF. Method 7E of Appendix A-4 of Part 60
    GG. Method 8 of Appendix A-4 of Part 60
    HH. Method 10 of Appendix A-4 of Part 60
    II. Methods 10A and 10B of Appendix A-4 of Part 60
    JJ. Method 11 of Appendix A-5 of Part 60
    KK. Method 12 of Appendix A-5 of Part 60
    LL. Method 14A of Appendix A-5 of Part 60
    MM. Method 16A of Appendix A-6 of Part 60
    NN. Method 18 of Appendix A-6 of Part 60
    OO. Method 23 of Appendix A-7 of Part 60
    PP. Method 24 of Appendix A-7 of Part 60
    QQ. Method 25 of Appendix A-7 of Part 60
    RR. Method 25C of Appendix A-7 of Part 60
    SS. Method 25D of Appendix A-7 of Part 60
    TT. Method 26 of Appendix A-8 of Part 60
    UU. Method 29 of Appendix A-8 of Part 60
    VV. Method 30B of Appendix A-8 of Part 60
    WW. Performance Specification 1 of Appendix B of Part 60
    XX. Performance Specification 3 of Appendix B of Part 60
    YY. Performance Specification 4 of Appendix B of Part 60
    ZZ. Performance Specification 4B of Appendix B of Part 60
    AAA. Performance Specification 7 of Appendix B of Part 60
    BBB. Performance Specification 11 of Appendix B of Part 60
    CCC. Performance Specification 15 of Appendix B of Part 60
    DDD. Performance Specification 16 of Appendix B of Part 60
    EEE. Procedure 1 of Appendix F of Part 60
    FFF. Procedure 2 of Appendix F of Part 60
    GGG. Procedure 5 of Appendix F of Part 60
    HHH. General Provisions (Subpart A) Part 61
    III. Beryllium (Subpart C) Part 61
    JJJ. Beryllium Rocket Motor Firing (Subpart D) Part 61
    KKK. Mercury (Subpart E) Part 61
    LLL. Inorganic Arsenic Emissions from Glass Manufacturing Plants 
(Subpart N) Part 61
    MMM. Method 101 of Appendix B of Part 61
    NNN. Method 101A of Appendix B of Part 61
    OOO. Method 102 of Appendix B of Part 61
    PPP. Method 104 of Appendix B of Part 61
    QQQ. Methods 108 and 108A of Appendix B of Part 61
    RRR. General Provisions (Subpart A) Part 63
    SSS. Synthetic Organic Chemical Manufacturing Industry (Subpart 
G) Part 63
    TTT. Chromium Emissions From Hard and Decorative Chromium 
Electroplating and Chromium Anodizing Tanks (Subpart N) Part 63
    UUU. Ethylene Oxide Emissions Standards for Sterilization 
Facilities (Subpart O) Part 63
    VVV. Marine Tank Vessel Loading Operations (Subpart Y) Part 63
    WWW. Aerospace Manufacturing and Rework Facilities (Subpart GG) 
Part 63
    XXX. Pharmaceuticals Production (Subpart GGG) Part 63
    YYY. Secondary Aluminum Production (Subpart RRR) Part 63
    ZZZ. Manufacturing of Nutritional Yeast (Subpart CCCC) Part 63
    AAAA. Petroleum Refineries: Catalytic Cracking Units, Catalytic 
Reforming Units, and Sulfur Recovery Units (Subpart UUUU) Part 63
    BBBB. Stationary Reciprocating Internal Combustion Engines 
(Subpart ZZZZ) Part 63
    CCCC. Method 306 of Appendix A of Part 63
    DDDD. Method 306A of Appendix A of Part 63
    EEEE. Methods 308, 315, and 316 of Appendix A of Part 63
    FFFF. Method 321 of Appendix A of Part 63
IV. Request for Comments
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulations and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

II. Background

    The EPA catalogs revisions and updates that are needed for test 
methods, performance specifications, and associated regulations in 40 
CFR parts 51, 60, 61, and 63, and proposes the revisions on a 5- to 10-
year basis. The last methods update was published as a final rule on 
October 17, 2000 (65 FR 61744). Many of these needed revisions were 
brought to our attention by affected parties and end-users. The 
revisions consist of allowable alternatives that were not previously 
available, changes that facilitate the use of mercury-free equipment, 
and updates needed to correct obsolete provisions or add flexibility. 
Corrections to typographical errors and technical errors in equations 
and diagrams are also proposed. It is important to note that although 
numerous technical

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corrections are being proposed to portions of the subparts in parts 51, 
60, 61, and 63, changes are not made to any compliance standard, 
reporting, or recordkeeping requirement. For this notice, the EPA is 
only proposing revisions to sections of the subpart pertaining to 
source testing or monitoring of emissions and operations.

III. Summary of Amendments

A. Appendix M of Part 51

    In the introduction of Appendix M of part 51, Methods 3A and 19 
would be added to the list of methods not requiring the use of audit 
samples. Method 3A is a direct measurement instrumental method which 
the audit program does not evaluate, and Method 19 deals with 
calculation procedures and not measurement procedures.

B. Method 201A of Appendix M of Part 51

    Revisions would be made to the Method 201A published on December 
21, 2010. Typographical errors in references to isokinetic sampling 
rate, source gas temperatures, stack blockage dimensions by the 
sampling heads, and PM10 in Sections 8.3.4(b), 8.3.4.1, 
8.7.2.2, and 8.7.5.5(a), respectively, would be corrected. An erroneous 
reference to Methods 4A and 5 in Section 10.1 when using a standard 
pitot tube would be corrected to refer to Methods 1 and 2. Section 
10.5, which addresses Class A volumetric glassware, would be deleted 
because it is not needed in the method. For those filters whose weight 
cannot be weighed to a constant weight in Section 11.2.1, instruction 
would be added to flag and report the data as a minimum value. It would 
be noted that the nozzle, front half, and in-stack filter samples need 
to be speciated into organic and inorganic fractions to be similar to 
the practice in Method 17. The method would also note that neither 
Method 17 nor 201A require a separate analysis of the filter for 
inorganic and organic particulate matter. Method 201A is often used 
together with Method 202 which requires a separate analysis of 
inorganic and organic PM. This note would remind testers that a 
separate analysis is not required for Method 201A. An incorrect term in 
Equation 9 of Section 12.5 would be corrected. In the nomenclature in 
Section 12.1, Vb, the volume of aliquot taken for ion 
chromatography (IC) analysis, would be deleted since no IC analysis is 
performed.

C. Method 202 of Appendix M of Part 51

    Revisions would be made to the Method 202 published on December 21, 
2010. In Section 8.5.3.1, the text referring to empty impingers would 
be deleted because empty impingers are not used. Figures 2 and 3 would 
be revised to correctly show the first impinger with an extended stem 
instead of a shortened one to be consistent with the method text, and 
the condensed moisture and sample portion of the sampling train would 
be labeled to make it easy to identify. Figures 4, 5, and 6 would be 
republished because they did not print clearly in the December 21, 
2010, publication.

D. General Provisions (Subpart A) Part 60

    In the General Provisions of part 60, Methods 3A and 19 would be 
added to the list of methods not requiring the use of audit samples in 
Sec.  60.8(gd). Method 3A is a direct measurement instrumental method 
which the audit program does not evaluate, and Method 19 deals with 
calculation procedures in lieu of measurement procedures.
    A new Sec.  60.8(h) would be added to require that sampling sites 
be evaluated for cyclonic flow and stratification before testing. 
Cyclonic flow and gas stratification has not been adequately addressed 
in the past except for particulate measurement methods. Our experience 
has been that gaseous pollutant measurements may also be affected by 
these phenomena. Procedures currently used in Methods 1 and 7E would be 
referenced for all tests to evaluate the suitability of test locations 
and give procedures for testing under conditions of gas stratification 
and cyclonic flow to preclude non-representative sampling.
    A new Sec.  60.8(i) would be added to allow the use of Method 205 
of 40 CFR part 51, Appendix M, ``Verification of Gas Dilution Systems 
for Field Instrument Calibrations,'' as an alternative provision 
whenever the use of multiple calibration gases is required under Part 
60. Method 205 has previously been allowed for different applications 
on a case-by-case basis. Method 205 reduces the number of cylinder 
gases needed for a test by allowing lower-concentration gases to be 
generated from a high-level gas. Section 60.13(d)(1) would be revised 
to remove the phrase ``automatically, intrinsic to the opacity 
monitor'' which was incorrectly inserted into the paragraph in a past 
revision. The title of an organization in a method that is incorporated 
by reference would be updated in Sec.  60.17(e), and the edition of the 
method referred to in Sec.  60.17(e)(1) would be updated to reflect the 
currently available version.

E. Industrial-Commercial-Institutional Steam Generating Units (Subpart 
Db) Part 60

    In subpart Db, Method 320 would be added as an alternative to the 
methods for determining nitrogen oxides (NOX) concentration 
in Sec.  60.46b(f)(1)(ii), (h)(1) and (2), and sulfur dioxide 
(SO2) concentration in Sec.  60.47b(b)(2). The EPA has 
allowed the use of Method 320 in the past on a case-by-case basis and 
now believes it is appropriate for general use.

F. Hospital/Medical/Infectious Waste Incinerators (Subpart Ec) Part 60

    In subpart Ec, the definition of medical/infectious wastes in Sec.  
60.51c would be revised to correct the misspelling of ``cremation.''

G. Sulfuric Acid Plants (Subpart H) Part 60

    In Subpart H, an equation for calculating the SO2 
emission rate in Sec.  60.84(d) would be corrected.

H. Sewage Treatment Plants (Subpart O) Part 60

    In subpart O, a reference to Method 209F in Sec.  60.154(b)(5) 
would be revised to reflect a newer available version of the method 
(i.e., 2540G).

I. Kraft Pulp Mills (Subpart BB) Part 60

    In subpart BB, a typographical error in the equation in Sec.  
60.284(c)(3) would be corrected.

J. Stationary Gas Turbines (Subpart GG) Part 60

    In subpart GG, the definitions of terms for the equation in Sec.  
60.335(b)(l) would be revised to allow the reference combustor inlet 
absolute pressure to be measured in millimeters of mercury (mm Hg). 
Using the site barometric pressure gives comparable results to the 
observed combustor inlet absolute pressure for calculating the mean 
NOX emission concentration and would be allowed as an 
alternative.

K. Lead-Acid Battery Manufacturing Plants (Subpart KK) Part 60

    In subpart KK, Method 29 would be added as an alternative to Method 
12 in Sec.  60.374(b)(1)and (c)(2) for determining the lead 
concentration and flow rate of the effluent gas. Method 29 is an 
accepted method for determining lead under other rules and is 
appropriate for this subpart as well. Also, an error in the equation 
for calculating the lead emission concentration in 60.374(b)(2) would 
be corrected.

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L. Metallic Mineral Processing Plants (Subpart LL) Part 60

    In subpart LL, an error in the value of the particulate matter 
standard in Sec.  60.382(a)(1) would be corrected from 0.02 g/dscm to 
0.05 g/dscm. An alternative procedure, where a single visible emission 
observer may conduct visible emission observations for up to three 
fugitive, stack, or vent emission points within a 15-second interval, 
would be added to Sec.  60.386. This alternative would allow the 
observer to take readings in a more cost-effective and timely manner 
than currently allowed.

M. Asphalt Processing and Asphalt Roofing Manufacture (Subpart UU) Part 
60

    In subpart UU, an error in the value of the particulate matter 
standard for saturated felt or smooth-surfaced roll roofing in Sec.  
60.472(a)(1)(ii) would be corrected from 0.04 kg/Mg to 0.4 kg/Mg.

N. Volatile Organic Compound (VOC) Emissions From Synthetic Organic 
Chemical Manufacturing Industry (SOCMI) Distillation Operations 
(Subpart NNN) Part 60

    In subpart NNN, several paragraphs were renumbered in a previous 
amendment, but conforming changes in sections that referenced these 
paragraphs were not made. In Sec.  60.660(c)(4) and Sec.  60.665(h)(2) 
and (3), these references would be corrected.

O. Stationary Compression Ignition Internal Combustion Engines (Subpart 
IIII) Part 60

    In Subpart IIII, the use of Method 1 or 1A for sampling point 
selection would be dropped, and single-point sampling at the centroid 
of the exhaust would be added. The exhausts of most regulated engines 
are too small and not equipped with sampling ports. This makes it 
difficult to divide the exhaust into multiple sampling-point locations 
as required by Methods 1 and 1A. Table 7 would be revised to delete the 
requirement to use Method 1 or 1A.

P. Stationary Spark Ignition Internal Combustion Engines (Subpart JJJJ) 
Part 60

    In Subpart JJJJ, the exhausts of most regulated engines do not 
contain sampling ports and are too small to be subdivided into multiple 
sampling-point locations. Table 2 would be revised to delete the 
requirement to use Method 1 or 1A for determining sampling site and 
sampling-point location, and instruction would be added to sample at 
the centroid of the exhaust.

Q. Method 1 of Appendix A-1 of Part 60

    In Method 1, Section 11.2.2 would be clarified to note that it 
specifically applies to gaseous measurements. The provisions in the 
section for determining exhaust gas stratification would be streamlined 
to make them consistent with the new stratification provisions in 
Method 7E. Figures 1-1 and 1-2 would be clarified to note that the 
horizontal coordinates represent the duct diameters from the sampling 
point to the flow disturbance and not simply the duct diameters from 
the flow disturbance. Figure 1-2 would also be corrected to show the 
proper demarcation between the requirement for 12 and 16 sampling 
points. The test for the presence or absence of cyclonic flow would be 
required for all tests instead of recommended at sites suspected of 
having cyclonic flow.

R. Method 2 of Appendix A-1 of Part 60

    In Method 2, a pressure stability specification that has been 
lacking for the pitot tube leak-check would be added to clearly note 
the desired stability. An erroneous reference to a Figure 2-6B would be 
corrected to reference Figure 2-7B. An error in a term in the 
denominator of Equation 2-7 would be corrected to the average of the 
square root of delta P rather than the square root of the average delta 
P. The velocity constant in English units used in Equation 2-7 would be 
corrected by changing m/sec to ft/sec. The term for absolute 
temperature in Equations 2-7 and 2-8 would be corrected to represent 
the average of the absolute temperatures; an inadvertently omitted term 
would be added to Section 12.1 for the average absolute temperature; 
and calibrating a barometer against a NIST-traceable barometer would be 
added as an alternative to calibrating against a mercury barometer to 
facilitate the use of mercury-free products.

S. Method 2A of Appendix A-1 of Part 60

    In Method 2A, calibrating a barometer against a NIST-traceable 
barometer would be added as an alternative to calibrating against a 
mercury barometer to facilitate the use of mercury-free products.

T. Method 2B of Appendix A-1 of Part 60

    In Method 2B, nomenclature errors would be corrected and the 
assumed ambient carbon dioxide concentration used in the calculations 
would be changed from 300 to 380 ppm to closer approximate current 
ambient levels.

U. Method 2D of Appendix A-1 of Part 60

    In Method 2D, calibrating a barometer against a NIST-traceable 
barometer would be added as an alternative to calibrating against a 
mercury barometer to facilitate the use of mercury-free products.

V. Method 3A of Appendix A-2 of Part 60

    In Method 3A, a redundant sentence noting that pre-cleaned air may 
be used for the high-level calibration gas would be deleted.

W. Method 4 of Appendix A-3 of Part 60

    In Method 4, the English value for the leak rate exceedance in 
Section 9.1 would be corrected from 0.20 cfm to 0.020 cfm. Method 6A, 
Method 320, and a calculation using F-factors would be added as 
alternatives to Method 4 for the moisture determination. These are 
logical alternatives in cases where Methods 6A and 320 are already 
being used, and the F-factors approach can save both time and expenses 
in some cases.

X. Method 5 of Appendix A-3 of Part 60

    In Method 5, a clarification would be added that the deionized 
water used in the analysis of material caught in the impingers must 
have <=0.001 percent residue; the factor K would be corrected to K' in 
Equation 5-13; calibrating a barometer against a NIST-traceable 
barometer would be added as an alternative to calibrating against a 
mercury barometer to facilitate the use of mercury-free products; 
calibrating a temperature sensor against a thermometer equivalent to a 
mercury-in-glass thermometer would be added as an alternative to 
calibrating against a mercury-in-glass thermometer to facilitate the 
use of mercury-free products; rechecking temperature sensors for the 
filter holder and metering system after each test has been found to be 
sufficient and would replace having sensors calibrated within 3 [deg]F; 
the option to check the probe heater calibration after a test at a 
single point using a reference thermometer would be added; the use of 
weather station barometric pressure corrected to testing point 
elevation would be added as an option to having an on-site barometer; 
mention of stopcock grease for air-tight impinger seals would be 
deleted since it is outdated and not often used; a smaller acetone 
cleanup blank is determined sufficient and a single blank per container 
would be allowed in place of a blank from each wash bottle; Section 
10.3.3 would be clarified as a post-test

[[Page 1134]]

metering system calibration check rather than a metering system 
calibration, and an alternative metering check procedure would be 
added; the Isostack metering system would be noted as an acceptable 
system for determining sample flow rates; the use of a Teflon filter 
holder would be allowed without having to obtain the Administrator's 
approval first; and Reference 13 for post-test calibration would be 
added to the method.

Y. Method 5A of Appendix A-3 of Part 60

    In Method 5A, mercury-free thermometers would be added as an 
alternative to mercury-in-glass thermometers to facilitate the use of 
mercury-free products.

Z. Method 5E of Appendix A-3 of Part 60

    In Method 5E, the use of the Rosemount Model 2100A total organic 
content analyzer would be replaced with the Tekmar-Dohrmann or 
equivalent analyzer, as neither the Rosemount analyzer nor any similar 
dual-injection analyzer is currently manufactured. Also, Section 12.5 
inadvertently labels the equation for total particulate concentration 
as Eq. 5E-4, which would be corrected to Eq. 5E-5.

AA. Method 5H of Appendix A-3 of Part 60

    In Method 5H, Section 12.1 would be revised to add missing terms 
Ci, Co, Qi, and Qo; and 
procedures for the determination of an alternative tracer gas flow rate 
would be added.

BB. Method 6 of Appendix A-4 of Part 60

    In Method 6, calibrating a temperature sensor against a thermometer 
equivalent to a mercury-in-glass thermometer would be added as an 
alternative to using a mercury-in-glass thermometer, and calibrating a 
barometer against a NIST-traceable barometer would be added as an 
alternative to calibrating against a mercury barometer. These revisions 
would facilitate the use of mercury-free products.

CC. Method 6C of Appendix A-4 of Part 60

    In Section 4.0 of Method 6C, an incorrect reference to Section 4.1 
of Method 6 would be corrected to reference Section 4.0 of Method 7E. 
Provisions that were removed from the original method that addressed 
potential quenching effects in fluorescence analyzers would be added 
again. It was previously believed that current fluorescence analyzers 
are not affected by quenching effects; however, we were informed that 
the provisions are still needed in many cases.

DD. Method 7 of Appendix A-4 of Part 60

    In Method 7, procedures would be added to avoid biased results when 
sampling under conditions of high SO2 concentrations; 
calibrating a barometer against a NIST-traceable barometer would be 
added as an alternative to calibrating against a mercury barometer; and 
calibrating a temperature sensor against a thermometer equivalent to a 
mercury-in-glass thermometer would be added as an alternative to using 
a mercury-in-glass thermometer. These revisions would facilitate the 
use of mercury-free products.

EE. Method 7A of Appendix A-4 of Part 60

    In Method 7A, new procedures would be added to avoid biased results 
when sampling under conditions of high SO2 concentrations, 
and calibrating a temperature sensor against a thermometer equivalent 
to a mercury-in-glass thermometer would be added as an alternative to 
using a mercury-in-glass thermometer to facilitate the use of mercury-
free products.

FF. Method 7E of Appendix A-4 of Part 60

    In Method 7E, the instructions for choosing the high-level 
calibration gas would be clarified. Instructions would be added to 
minimize contact of the sample with any condensate to reduce the chance 
of sample loss, and an error in the traverse point locations used to 
determine stratification across large stacks would be corrected. A 
statement noting that the stratification test is not required at 
sources with temporally varying emissions or low-concentration 
emissions would be added since a stratification test under such 
conditions would be meaningless or difficult to pass. The basis of a 
stable response for measurements in the system response time 
determination would be revised in Section 8.2.5 to conform with Section 
8.2.6. The response time reading would be recorded after the 
concentration reading has reached 95 percent or within 0.5 ppm of a 
stable response for the gas instead of after reaching 95 percent of the 
certified gas concentration. This change removes a potential conflict 
between the response time stable reading criterion and the bias or 
system calibration error test criterion. Alternative sampling bags made 
of materials other than Tedlar would be allowed if the materials are 
applicable for retaining the compounds of interest. Tedlar bags are no 
longer being produced.

GG. Method 8 of Appendix A-4 of Part 60

    In Method 8, corrections would be made to errors in the sample 
aliquot volumes required for containers 1 and 2 and in the values for 
Va and Vsoln. Figure 8-1 would be clarified to 
identify which impingers collect sulfuric acid/sulfur trioxide and 
which collect sulfur dioxide.

HH. Method 10 of Appendix A-4 of Part 60

    Method 10 would be revised to allow the use of sample tanks as an 
alternative to flexible bags for sample collection. Tanks are an 
acceptable collection medium, are currently allowed for carbon monoxide 
in other EPA methods, and are appropriate for Method 10 as well.

II. Methods 10A and 10B of Appendix A-4 of Part 60

    In Methods 10A and 10B, sampling bags made of materials other than 
Tedlar would be allowed if the materials have the sample retaining 
qualities of Tedlar. Tedlar bags are no longer produced.

JJ. Method 11 of Appendix A-5 of Part 60

    Method 11 would be revised to address sample breakthrough at high 
concentrations. An additional collection impinger would be added to the 
train whenever the final impinger solution exhibits a yellow color. 
Calibrating a temperature sensor against a thermometer equivalent to a 
mercury-in-glass thermometer would be added as an alternative to using 
a mercury-in-glass thermometer to facilitate the use of mercury-free 
products.

KK. Method 12 of Appendix A-5 of Part 60

    Method 12 would be revised to allow an analysis by inductively 
coupled plasma-atomic emission spectrometry (ICP-AES) or cold vapor 
atomic fluorescence spectrometry (CVAFS) as alternatives to atomic 
absorption (AA) analysis. The ICP-AES is currently an approved 
technique for lead analysis in Method 29, and CVAFS offers comparable 
sensitivity and precision to AA.

LL. Method 14A of Appendix A-5 of Part 60

    In Section 10.1.1 of Method 14A, we inadvertently referenced Figure 
5-6.

[[Page 1135]]

This reference would be corrected to Figure 5-5.

MM. Method 16A of Appendix A-6 of Part 60

    In Method 16A, the applicability section would note that method 
results may be biased low if used at sources other than kraft pulp 
mills where stack oxygen levels may be lower.

NN. Method 18 of Appendix A-6 of Part 60

    In Method 18, sampling bags made of materials other than Tedlar 
would be allowed if the materials are applicable for retaining the 
compounds of interest. Tedlar bags are no longer produced.

OO. Method 23 of Appendix A-7 of Part 60

    In Method 23, the requirement in Section 2.2.7 that silica gel be 
stored in metal containers is unnecessary and would be deleted. Section 
4.2.7 would be clarified to note that the used silica gel should be 
transferred to its original container or other suitable vessel if 
moisture is being determined. If moisture is not being determined, the 
spent silica gel may be discarded. Mercury-free thermometers would be 
added as an alternative to using mercury-in-glass thermometers to 
facilitate the use of mercury-free products.

PP. Method 24 of Appendix A-7 of Part 60

    Method 24 would be revised to cite only ASTM Method D2369 and not 
the specific sections of the method, since the section numbers may 
change with periodic updates.

QQ. Method 25 of Appendix A-7 of Part 60

    In Method 25, more detailed information would be added to describe 
the filters used for sample collection.

RR. Method 25C of Appendix A-7 of Part 60

    Method 25C would be revised to allow sampling lines made of Teflon. 
Probes that have closed points and are driven below surface in a single 
step and withdrawn at a distance to create a gas gap would be allowed 
as acceptable substitutes to using pilot probes and the auger 
procedure. An equation for correcting the sample nitrogen concentration 
for tank dilution would be added as a supplemental calculation option.

SS. Method 25D of Appendix A-7 of Part 60

    In Method 25D, errors in cross-references within the method would 
be corrected.

TT. Method 26 of Appendix A-8 of Part 60

    Method 26 would be revised to allow the use of heated Teflon probes 
in place of glass-lined probes. Conflicting temperature requirements 
for the sampling system would be clarified. The note to keep the probe 
and filter temperature at least 20 [deg]C above the source temperature 
would be removed because the specification is not needed at higher 
temperature stacks. The location of the thermocouple that monitors the 
collected gas temperature would be clarified as being in the gas 
stream, not the filter box. Method 26A would be an acceptable 
alternative to Method 26 since the methods are fundamentally similar 
and give comparable results when determining non-particulate hydrogen 
halides.

UU. Method 29 of Appendix A-8 of Part 60

    Method 29 would be revised to allow samples to be analyzed by CVAFS 
as an alternative to AA analysis since CVAFS is as sensitive and 
precise as AA.

VV. Method 30B of Appendix A-8 of Part 60

    In Method 30B, calibrating a barometer against a NIST-traceable 
barometer would be added as an alternative to calibrating against a 
mercury barometer to facilitate the use of mercury-free products.
    Table 9-1 and the method text would be revised to amend the quality 
assurance/quality control criteria for sorbent trap section 2 
breakthrough and sample analysis. These revisions would address 
compliance testing and relative accuracy testing of mercury monitoring 
systems currently being conducted at much lower emission 
concentrations.
    For compliance/emissions testing, the specification in Table 9-1 
for sample analysis would be revised to require analytical results be 
within the valid calibration range down to a concentration of 0.01 
[micro]g/dscm. This will ensure that measurements at the low levels 
being measured under recent rulemakings are of known, acceptable, and 
consistent quality. For relative accuracy testing of mercury monitoring 
systems, the sample analysis specification in Table 9-1 would remain 
the same, but the breakthrough criteria for second section in the 
sorbent traps would be revised to provide additional flexibility where 
mercury concentrations are less than 0.5 [micro]g/dscm.
    Finally, Method 30B would be revised to include the most up to date 
citation for determining the method detection limit or MDL.

WW. Performance Specification 1 of Appendix B of Part 60

    In Performance Specification 1, the terms ``full scale'' and 
``span'' would be noted as having the same meaning.

XX. Performance Specification 3 of Appendix B of Part 60

    In Performance Specification 3, a statement that allows the 
relative accuracy to be within 20 percent of the reference method would 
be added to establish the original intent of the rule. This statement 
was inadvertently deleted in a previous amendment.

YY. Performance Specification 4 of Appendix B of Part 60

    Performance Specification 4 would be revised to remove the required 
use of the interference trap specified in Method 10 when evaluating 
non-dispersive infrared continuous emission monitoring systems against 
Method 10. This is an old requirement, and the trap is not needed with 
modern analyzers.

ZZ. Performance Specification 4B of Appendix B of Part 60

    Performance Specification 4B would be clarified to note that 
Equation 1 in Section 7.1.1 for calculating calibration error only 
applies to the carbon monoxide monitor and not the oxygen monitor. It 
would be noted for the oxygen monitor that the calibration error should 
be expressed as the oxygen concentration difference between the mean 
monitor and reference value at three levels.

AAA. Performance Specification 7 of Appendix B of Part 60

    Performance Specification 7 would be revised to allow Methods 15 
and 16 as reference methods in addition to Method 11. Methods 15 and 16 
are approved for determining hydrogen sulfide and are appropriate for 
this application. Methods 15 and 16 are approved EPA reference methods 
for a number of sources. A pertinent reference would also be added to 
the references section.

BBB. Performance Specification 11 of Appendix B of Part 60

    In Performance Specification 11, errors in the denominators of 
Equations 11-1 and 11-2 would be corrected.

[[Page 1136]]

CCC. Performance Specification 15 of Appendix B of Part 60

    In Performance Specification 15, the general references to 40 CFR 
part 60, Appendix B for the relative accuracy analysis procedure would 
specifically cite Performance Specification 2 of 40 CFR part 60, 
Appendix B.

DDD. Performance Specification 16 of Appendix B of Part 60

    Performance Specification 16 would be clarified to answer questions 
that have arisen since its publication. Retesting a predictive emission 
monitoring system (PEMS) after a sensor is replaced would be explained 
more clearly. Allowances would be made for relative accuracy testing at 
three load or production rate levels in cases where the key operating 
parameter could not be readily altered. Additional instruction would be 
added for performing the relative accuracy audit (RAA). An error in the 
RAA acceptance criterion would be corrected, and an alternative 
acceptance criterion for low concentration measurements would be added. 
The yearly relative accuracy test audit would clearly note that the 
statistical tests in Section 8.3 are not required. An incorrect 
reference to Equation 16-4 in Section 12.4 would be corrected.

EEE. Procedure 1 of Appendix F of Part 60

    In Procedure 1, the relevant performance specification would be 
cited for the RAA calculation instead of using the current Equation 1-1 
which is not appropriate for all pollutants.

FFF. Procedure 2 of Appendix F of Part 60

    In Procedure 2, Equations 2-2 and 2-3 would be revised to have the 
full-scale value in the denominator, which is more appropriate than the 
up-scale check value. The denominator of equation 2-4 would be revised 
to include the volume of the reference device rather than the full-
scale value. These revisions reflect the original intent of the rule.

GGG. Procedure 5 of Appendix F of Part 60

    In Procedure 5, the second section listed as Section 6.2.6 would be 
correctly numbered as Section 6.2.7.

HHH. General Provisions (Subpart A) Part 61

    In the General Provisions of part 61, Methods 3A and 19 would be 
added to the list of methods not requiring the use of audit samples in 
Sec.  61.13(e). These methods were inadvertently omitted in the 
original rule.

III. Beryllium (Subpart C) Part 61

    In the beryllium National Emission Standards for Hazardous Air 
Pollutants (NESHAP), Method 29 of part 60 would be added as an 
alternative to Method 104 in Sec.  61.33(a) for emissions testing since 
Method 29 is used to determine beryllium under other rules and is 
appropriate for this subpart as well.

JJJ. Beryllium Rocket Motor Firing (Subpart D) Part 61

    In the beryllium rocket motor firing NESHAP, a conversion error in 
the emission standard in Sec.  61.42(a) would be corrected.

KKK. Mercury (Subpart E) Part 61

    In the mercury NESHAP, Method 29 of part 60 would be added as an 
alternative to Method 101A in Sec.  61.53(d)(2) for emissions testing 
since Method 29 is used to determine mercury under other rules and is 
appropriate for this subpart as well.

LLL. Inorganic Arsenic Emissions From Glass Manufacturing Plants 
(Subpart N) Part 61

    In the glass manufacturing plants NESHAP, Method 29 in Appendix A 
of part 60 would be added as an alternative to Method 108 in Sec.  
61.164(d)(2)(i) for determining the arsenic emissions rate and in Sec.  
61.164(e)(1)(i) and (e)(2) for determining the arsenic concentration in 
a gas stream. Method 29 is used to determine arsenic under other rules 
and is appropriate for this subpart as well.

MMM. Method 101 of Appendix B of Part 61

    Method 101 would be revised to allow analysis by ICP-AES or CVAFS 
as alternatives to AA analysis. These techniques are allowed for 
determining mercury in other approved methods and are appropriate for 
Method 101 as well. They were not available when Method 101 was 
promulgated.

NNN. Method 101A of Appendix B of Part 61

    Method 101A would be revised to allow analysis by ICP-AES or CVAFS 
as alternatives to AA analysis. These techniques are allowed for 
determining mercury in other approved methods and are appropriate for 
Method 101A as well. They were not available when Method 101A was 
promulgated.

OOO. Method 102 of Appendix B of Part 61

    In Method 102, mercury-free thermometers would be allowed in place 
of mercury-in-glass thermometers to facilitate the use of mercury-free 
products.

PPP. Method 104 of Appendix B of Part 61

    Method 104 would be revised to allow analysis by ICP-AES as an 
alternative to AA analysis. This new technique is acceptable for 
measuring beryllium and was not available when Method 104 was 
promulgated. A new alternative procedures section would be added to 
address ICP-AES.

QQQ. Methods 108 and 108A of Appendix B of Part 61

    Methods 108 and 108A would be revised to allow analysis by ICP-AES 
as an alternative to AA analysis. This new technique is acceptable for 
measuring arsenic and was not available when Methods 108 and 108A were 
promulgated. A new alternative procedures section would be added to 
address ICP-AES.

RRR. General Provisions (Subpart A) Part 63

    In the General Provisions of part 63, Methods 3A and 19 would be 
added to the list of methods not requiring the use of audit samples in 
Sec.  63.7(c). These were inadvertent omissions of the original rule. 
In Sec.  63.8(f)(6)(iii), an incorrect reference to a section of 
Performance Specification 2 would be corrected.

SSS. Synthetic Organic Chemical Manufacturing Industry (Subpart G) Part 
63

    Subpart G would be revised to allow the use of Method 8260B in the 
SW-846 Compendium of Methods or Method 316 to determine hazardous air 
pollutant concentrations in wastewater streams in Sec.  
63.144(b)(5)(i). Both methods are appropriate for this application but 
were not considered during the original rule development.

TTT. Chromium Emissions From Hard and Decorative Chromium 
Electroplating and Chromium Anodizing Tanks (Subpart N) Part 63

    South Coast Air Quality Management District Method 205.1 would be 
added as a testing option for measuring total chromium. Method 205.1 is 
appropriate for this application, but its application to this rule was 
not considered during the original rule development.

UUU. Ethylene Oxide Emissions Standards for Sterilization Facilities 
(Subpart O) Part 63

    The ethylene oxide emissions standards for sterilization facilities 
NESHAP would be revised to allow

[[Page 1137]]

California Air Resources Board (CARB) Method 431 as an alternative to 
the procedures in Sec.  63.365(b) for determining efficiency at the 
sterilization chamber vent. Method 431 is appropriate for this 
application but was not considered during the original rule 
development. An error in a reference to a section in Performance 
Specification 8 would also be corrected.

VVV. Marine Tank Vessel Loading Operations (Subpart Y) Part 63

    The marine tank vessel loading operations NESHAP would be revised 
to allow Method 25B as an alternative to Method 25A in Sec.  
63.565(d)(5) for determining the average volatile organic compound 
(VOC) concentration upstream and downstream of recovery devices. Method 
25B would be allowed as an alternative to Methods 25 and 25A for 
determining the percent reduction in VOC in Sec.  63.565(d)(8), and the 
requirement that Method 25B be validated according to Method 301 in 
Sec.  63.565(d)(10) would be added. Method 25B would also be added as 
an alternative to Method 25A in determining the baseline outlet VOC 
concentration in Sec.  63.565(g). Method 25B uses a different detector 
than Method 25A but gives comparable results to Method 25A in these 
applications.

WWW. Aerospace Manufacturing and Rework Facilities (Subpart GG) Part 63

    The aerospace manufacturing and rework facilities NESHAP would be 
revised to remove an incorrect reference to the location of Method 319 
in Sec.  63.750(o).

XXX. Pharmaceuticals Production (Subpart GGG) Part 63

    The pharmaceuticals production NESHAP would be revised to allow 
Method 320 as an alternative to Method 18 for demonstrating that a vent 
is not a process vent. Method 320 is a broadly applicable method that 
is acceptable in this application because it is self-validating.

YYY. Secondary Aluminum Production (Subpart RRR) Part 63

    The secondary aluminum production NESHAP would be revised to allow 
Method 26 as an alternative to Method 26A in Sec.  63.1511(c)(9) for 
determining hydrochloric acid (HCl) concentration. Method 26 is the 
non-isokinetic version of Method 26A and is being allowed in all cases 
where non-isokinetic sampling for HCl is performed.

ZZZ. Manufacturing of Nutritional Yeast (Subpart CCCC) Part 63

    Table 2 in the manufacturing of nutritional yeast NESHAP would be 
revised to delete the requirements to use Methods 1, 2, 3, and 4 when 
measuring VOC by Method 25A. Methods 1, 2, 3, and 4 are required for 
particulate matter sampling and the VOC in this application is normally 
not particulate in nature.

AAAA. Petroleum Refineries: Catalytic Cracking Units, Catalytic 
Reforming Units, and Sulfur Recovery Units (Subpart UUUU) Part 63

    Table 4 in the petroleum refineries: catalytic cracking units, 
catalytic reforming units, and sulfur recovery units NESHAP would be 
revised to allow Method 320 as an alternative to Method 18 for 
determining control device efficiency for organic compounds. Method 320 
is a broadly applicable method that is acceptable in this application 
because it is self-validating.

BBBB. Stationary Reciprocating Internal Combustion Engines (Subpart 
ZZZZ) Part 63

    Table 4 in the stationary reciprocating internal combustion engines 
NESHAP would be revised to clarify that a heated probe is not necessary 
when using ASTM D6522 to measure oxygen or carbon dioxide 
concentrations because condensed moisture is normally not an 
interferent to these compounds. The requirement to use Method 1 or 1A 
for sampling site and sampling point location would be deleted because 
the exhausts are small and have temporally varying emissions. 
Instruction would be added to sample at the centroid of the stack.

CCCC. Method 306 of Appendix A of Part 63

    Method 306 would be revised to remove references to two figures 
that do not exist and to add clarifying information about the 
conditions under which ICP is appropriate for sample analysis. 
Alternative mercury-free thermometers also would be added as 
alternatives to mercury-in-glass thermometers to facilitate the use of 
mercury-free products.

DDDD. Method 306A of Appendix A of Part 63

    In Method 306A, information would be added to clarify the 
conditions under which sample filtering is required.

EEEE. Methods 308, 315, and 316 of Appendix A of Part 63

    In Methods 308, 315, and 316, calibrating a temperature sensor 
against a thermometer equivalent to a mercury-in-glass thermometer 
would be added as an alternative to mercury-in-glass thermometers to 
facilitate the use of non-mercury products. Alternative mercury-free 
thermometers would be added as an alternative to using a mercury-in-
glass thermometers.

FFFF. Method 321 of Appendix A of Part 63

    In Method 321, the term for dilution factor in the calculations 
would be clarified.

IV. Request for Comments

    The agency is reviewing the adequacy of its current test methods in 
regard to sampling site selection and sampling point requirements. 
Emission gas flow patterns affect representative testing, and this is 
not addressed in many EPA test methods. Method 1 contains provisions 
for sampling point locations, traversing, and determination of cyclonic 
flow, and Method 7E was revised to contain procedures for determining 
gaseous stratification in 2006. However, there are no requirements in 
most methods to follow the Method 1 or 7E procedures.
    Method 7E allows stratification to be assessed through either a 3- 
or 12-point traverse while measuring variations in either a pollutant 
or diluent concentration. The degree of stratification determines 
whether a single-point, 3-, or 12-point traverse is used for the test. 
There are no requirements to check for cyclonic flow in Method 7E.
    We have information that suggests deficiencies exist in the 3-point 
test in a number of cases and that at least a 5-point, dual axis test 
should be required. A summary of this information has been included in 
the regulatory docket. We are also reconsidering the appropriateness of 
a diluent gas for the test instead of the regulated pollutant.
    In this proposed rule, we would update the General Provisions of 
Parts 60, 61, and 63 to include evaluations of gas stratification and 
cyclonic flow with all compliance tests. The agency solicits your 
comments and data to aid in establishing better procedures.

[[Page 1138]]

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory 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 Executive Orders 12866 and 
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). The amendments being proposed in 
this action to the test methods and testing regulations do not add 
information collection requirements but make needed corrections and 
updates to existing testing methodology.

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 rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will neither impose emission measurement requirements 
beyond those specified in the current regulations, nor will it change 
any emission standard. This proposed action will not impose any new 
requirements on small entities. We continue to be interested in the 
potential impacts of the proposed rule on small entities and welcome 
comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 or 205 of the UMRA. This 
action 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 action corrects and updates 
current testing regulations and does not add any new requirements.

E. Executive Order 13132: Federalism

    This action 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. This action simply corrects minor 
errors and makes updates to current source testing methods to maintain 
their original intent. Thus, Executive Order 13132 does not apply to 
this action. In the spirit of Executive Order 13132, and consistent 
with the EPA policy to promote communications between the EPA and State 
and local governments, the EPA specifically solicits comment on this 
proposed rule from State and local officials.

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). This proposed 
rule imposes no requirements on tribal governments. This action simply 
corrects and updates current testing regulations. Thus, Executive Order 
13175 does not apply to this action. The EPA specifically solicits 
additional comment on this proposed action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The 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 104-113 (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the 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. The EPA 
proposes to use ASTM D975-076, developed and adopted by the American 
Society for Testing and Materials (ASTM). This standard may be obtained 
from ASTM at 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, 
PA 19428-2959. ASTM D975-076 has been determined to be at least as 
stringent as currently required ASTM D396 for defining ``distillate 
oil.'' ASTM D975-076 is required in some State permits for this purpose 
and end users have asked that it be allowed as an alternative to D396 
under 40 CFR 60.41c.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high

[[Page 1139]]

and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The 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. This rule corrects and updates current testing regulations 
and does not cause emission increases from regulated sources.

Revisions to Test Methods and Testing Regulations

List of Subjects in 40 CFR Parts 51, 60, 61, and 63

    Environmental protection, Air pollution control, Test methods and 
procedures, and Performance specifications.

    Dated: November 29, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend title 40, chapter I of the Code of 
Federal Regulations 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 by revising section 4a. to read as follows:

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

* * * * *
    4. * * *
    a. The source owner, operator, or representative of the tested 
facility shall obtain an audit sample, if commercially available, 
from an AASP for each test method used for regulatory compliance 
purposes. No audit samples are required for the following test 
methods: Methods 3A and 3C of Appendix A-3 of Part 60, Methods 6C, 
7E, 9, and 10 of Appendix A-4 of Part 60, Methods 18 and 19 of 
Appendix A-6 of Part 60, Methods 20, 22, and 25A of Appendix A-7 of 
Part 60, and Methods 303, 318, 320, and 321 of Appendix A of Part 
63. If multiple sources at a single facility are tested during a 
compliance test event, only one audit sample is required for each 
method used during a compliance test. The compliance authority 
responsible for the compliance test may waive the requirement to 
include an audit sample if they believe that an audit sample is not 
necessary. ``Commercially available'' means that two or more 
independent AASPs have blind audit samples available for purchase. 
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, 
https://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 s