Incorporation of Revised ASTM Standards That Provide Flexibility in the Use of Alternatives to Mercury-Containing Industrial Thermometers, 2456-2466 [2012-712]
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 49, 60, 75, 89, 92, 94, 761,
and 1065
[EPA–HQ–OPPT–2010–0518; FRL–8880–4]
RIN 2070–AJ51
Incorporation of Revised ASTM
Standards That Provide Flexibility in
the Use of Alternatives to MercuryContaining Industrial Thermometers
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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For
technical information contact: Robert
Courtnage, National Program Chemicals
Division (7404T), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 566–1081;
email address:
courtnage.robert@epa.gov.
For general information contact: The
TSCA–Hotline, ABVI–Goodwill, 422
South Clinton Ave. Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA–
Hotline@epa.gov.
FOR FURTHER INFORMATION CONTACT:
EPA is promulgating a final
rule to incorporate the most recent
versions of ASTM International (ASTM)
standards into EPA regulations that
provide flexibility to use alternatives to
mercury-containing industrial
thermometers. This final rule will allow
the use of such alternatives in certain
field and laboratory applications
previously impermissible as part of
compliance with EPA regulations. EPA
believes the older embedded ASTM
standards unnecessarily impede the use
of effective, comparable, and available
alternatives to mercury-containing
industrial thermometers. Due to
mercury’s high toxicity, EPA seeks to
reduce potential mercury exposures to
humans and the environment by
reducing the overall use of mercurycontaining products, including mercurycontaining industrial thermometers.
DATES: This final rule is effective March
19, 2012. The incorporation by reference
of certain publications listed in the final
rule is approved by the Director of the
Federal Register as of March 19, 2012.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPPT–2010–0518. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave. NW., Washington,
DC. The EPA/DC Public Reading Room
SUMMARY:
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by
this action if you use mercurycontaining industrial thermometers in
laboratories, for field analysis (e.g.,
including usage at petroleum storage or
refining facilities), or for other industrial
applications. Potentially affected
entities may include, but are not limited
to:
• Testing Laboratories (NAICS code
541380).
• Petroleum Refineries (NAICS code
324110).
• Analytical Laboratory Instrument
Manufacturing (NAICS code 334516).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the technical person listed under FOR
FURTHER INFORMATION CONTACT.
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II. Background
A. What action is the agency taking?
The Agency is promulgating a final
rule, which was proposed in the Federal
Register issue of January 12, 2011 (76
FR 2056) (FRL–8846–6), to incorporate
into EPA regulations revised ASTM
standards that provide flexibility to the
regulated community to use alternatives
to mercury-containing industrial
thermometers. As part of the Agency’s
mercury reduction effort and pursuant
to the ‘‘EPA Roadmap for Mercury,
Chapter 2: Addressing Mercury Uses in
Products and Processes,’’ available at
https://www.epa.gov/hg/roadmap.htm,
EPA is removing unnecessary
requirements to use mercury-containing
industrial thermometers where viable
and comparable non-mercury
substitutes exist in the market. EPA is
specifically updating regulations to
incorporate three ASTM standards
(D5865–10, D445–09, and D93–09) that
allow for the use of alternatives to
mercury-containing industrial
thermometers. The Agency is updating
these ASTM standards where they are
referenced in regulations pursuant to
the Clean Air Act (CAA) and the Toxic
Substances Control Act (TSCA) (certain
sections of 40 CFR parts 49, 60, 75, 89,
92, 94, 761, and 1065). One of the
incorporated ASTM standards (D5865–
10) requires the use of a mercury-free
device while the other two ASTM
standards (D445–09 and D93–09)
provide the flexibility to use alternatives
to mercury-containing industrial
thermometers, but do not require their
use. EPA is amending Agency
regulations to allow the use of the
updated ASTM standard D5865–10 and
the previous ASTM standards, D5856–
01a, D5856–03a, and D5856–04 so that
flexibility is given to use mercury-free
thermometers, but not required.
Although commenters on the proposed
rule stated that EPA should not allow
the flexibility to use previous versions
of ASTM D–5865 so that mercury-free
thermometers would be required, the
intent of this final rule is to provide the
flexibility to use mercury-containing
industrial thermometers while not
specifically requiring their use.
Mercury exposures can harm the
brain, heart, kidneys, lungs, and
immune system. Most human exposure
to mercury is through the consumption
of fish containing methylmercury.
Exposure to methylmercury through
ingestion can harm the normal
development of the nervous system,
resulting in learning disabilities.
Elemental mercury and other forms of
mercury from industrial sources are
deposited from the air and are converted
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into methylmercury. Mercury exposure
can also occur by inhalation of
elemental mercury from breakage or
improper disposal of mercurycontaining products such as mercurycontaining industrial thermometers.
Inhalation exposure of elemental
mercury can lead to neurotoxic and
developmental neurotoxic effects.
The National Institute of Standards
and Technology (NIST), a U.S.
government agency devoted to
advancing measurement science,
standards, and technology, believes
there are no fundamental barriers to the
replacement of mercury-containing
industrial thermometers. Supporting
this assertion, on March 1, 2011, NIST
discontinued the calibration of mercurycontaining industrial thermometers. By
discontinuing these calibrations, NIST
supports their professional opinion that
mercury-containing industrial
thermometers are no longer the highest
standard for accurate and reproducible
temperature measurement. Although
previously perceived as superior in
performance, mercury-containing
industrial thermometers have readily
available and comparable alternatives
such as platinum resistance
thermometers, thermistors,
thermocouples, and portable electronic
thermometers (PETs).
Although a start, the ASTM standards
(D5865–10, D445–09, and D93–09)
addressed in this final rule comprise
only a small percentage of the ASTM
standards referenced within EPA
regulations that require the use of
mercury-containing industrial
thermometers. Further revisions to these
other relevant ASTM standards would
be necessary before EPA could provide
more comprehensive flexibility to the
regulated community. To facilitate the
use of mercury alternatives, EPA
encourages ASTM, in the spirit of
pollution prevention, to expeditiously
review and revise standards that require
the use of mercury-containing industrial
thermometers, particularly those
currently embedded in EPA regulations.
More specifically, EPA encourages
ASTM committee chairs to support EPA
in making committee members aware of
committee standards that require the
use of mercury-containing industrial
thermometers.
In addition to EPA regulations that
reference ASTM standards, certain EPA
regulations directly require the use of
mercury-containing industrial
thermometers. Most of these regulations
are pursuant to CAA; EPA’s Office of
Air and Radiation intends to address
them through a separate rulemaking. For
ASTM standards contained within State
implementation plan (SIP) approvals,
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the Agency would need to address each
ASTM standard separately after
consultation with the States.
Additionally, analytical methods
required under the Resource
Conservation and Recovery Act (RCRA)
that use mercury-containing industrial
thermometers as a Method Defined
Parameter (MDP) were not addressed in
the proposed rule and will not be
addressed in this final rule. EPA plans
to make revisions to MDPs that require
the use of mercury-containing industrial
thermometers at a future date. While the
Office of Solid Waste and Emergency
Response (OSWER) Methods Innovation
Rule (MIR), published in the Federal
Register issue of June 14, 2005 (70 FR
34538) (FRL–7916–1), allows flexibility
in RCRA-related sampling and analysis,
the MIR does not currently allow for
flexibility for test methods that have
MDPs. However, methods that are not
considered MDPs (i.e., methods not
required by RCRA regulations) allow the
use of alterative equipment such as nonmercury thermometers as long as users
can demonstrate that data quality
objectives can be met without
compromising data quality. EPA
believes that users should identify the
appropriate methods for a specific
project before sampling and analysis
begins and recommends that they
consult with their regulating authority
during identification of performance
goals and the selection of appropriate
methods before using alternative
equipment (e.g., non-mercury
thermometer).
For more information on MIR and
RCRA’s SW–846, ‘‘Test Methods for
Evaluating Solid Waste, Physical/
Chemical Methods,’’ please visit the
SW–846 Web site at https://
www.epa.gov/osw/hazard/testmethods/
sw846.
B. What is the agency’s authority for
taking this action?
This action is being taken under the
Agency’s authority pursuant to CAA (42
U.S.C. 7401 to 7671q) and TSCA (15
U.S.C. 2601 to 2692).
III. Public Comments
A. General Comments
The comments EPA received on the
proposed rule were overwhelmingly
supportive of incorporating the revised
ASTM standards D5865–10, D445–09,
and D93–09. Five public comments
were received. Commenters noted that
temperature measurement in
laboratories and in the field would not
adversely be affected by the proposed
amendments. One commenter also
correctly noted that several States have
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already banned or in some way
restricted the sale of mercury-containing
industrial thermometers.
Other commenters questioned EPA’s
reasoning for the action, citing compact
fluorescent lights as a greater source of
mercury than thermometers. EPA
believes that there is justification for
allowing flexibility to use alternatives to
mercury-containing industrial
thermometers where comparable and
available substitutes exist. There may be
significant cost savings for making the
switch to mercury-free thermometers
considering the expense incurred to
properly clean up a mercury spill
following the breakage of a mercurycontaining industrial thermometer.
Mercury in fluorescent lights, however,
is outside the scope of this rulemaking.
B. Responses to EPA’s Questions Posed
in the Proposed Rule
1. How can EPA provide additional
flexibility in the use of mercury-free
thermometers to comply with the
Agency’s relevant regulations?
Commenters suggested that EPA
incorporate voluntary consensus
standards (including ASTM standards)
by reference so that future updates and
amendments to such standards would
not require a separate rulemaking by
EPA for incorporation. One commenter
also stated that by incorporating such
ASTM standards EPA should require
the use of the least toxic alternatives
allowed under such standards.
Where ASTM standards are
mentioned in EPA regulations, they are
incorporated by reference. But that
incorporation does not mean that
updates to those standards are
automatically incorporated. To
incorporate updates to standards in EPA
regulations, EPA must follow the
appropriate procedures of the
Administrative Procedures Act to
amend the existing regulations. EPA
believes that notice-and-comment
rulemaking, such as was used for this
final rule, provides the public with the
ability to thoroughly review updated
voluntary consensus standards and
provide comments before they are
incorporated into EPA regulations.
In the spirit of the National
Technology Transfer and Advancement
Act (NTTAA), EPA has often identified
which industrial thermometers must be
used for specific functions by
referencing ASTM standards in its
regulations. EPA believes the best way
to remove unnecessary requirements to
use mercury-containing industrial
thermometers is for ASTM committees
to expeditiously bring up for revision
ASTM standards that unnecessarily
require mercury-containing industrial
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thermometers in situations where
effective, comparable, and available
mercury-free alternatives exist. EPA
would then review such ASTM standard
revisions and incorporate the updated
standards that allow mercury-free
alternatives into EPA regulations that
reference these standards. EPA would
do this through notice-and-comment
rulemaking.
2. Are requirements to use mercurycontaining thermometers necessary for
performance reasons or should
flexibility be provided in most, if not all,
measurement applications?
Commenters stated that thermometry
requirements should be performance
based. Commenters also noted that
flexibility for the use of non-mercury
alternatives should be allowed and that
where effective non-mercury
alternatives exist they should be
required to be used to the maximum
extent possible.
Another commenter stated that many
State agencies have actively promoted
the elimination of usage of mercurycontaining industrial thermometers in
State laboratories and have not since
experienced reduced performance in
temperature measurement. As a result,
the commenter asserts that State
agencies have found that it is
technologically possible to eliminate the
use of mercury-containing industrial
thermometers in most, if not all,
applications. The commenter further
stated that those State agencies
experiences are supported by NIST’s
statement that there are no fundamental
barriers to the replacement of mercurycontaining industrial thermometers and
NIST’s discontinuation of the
calibration of mercury-containing
thermometers. It was the opinion of this
commenter that the decision by NIST to
discontinue the calibration of mercurycontaining thermometers will facilitate
the transition to mercury-free
alternatives in laboratories where
annual mercury-containing industrial
thermometer re-calibration requirements
have proven to be an impediment to the
complete removal of mercury
measurement devices. The same
commenter went on to say that the use
of digital alternatives to mercurycontaining industrial thermometers
provided the benefit of electronic
recordkeeping processes that could
prevent human error in recording
measurements.
EPA agrees with commenters that the
thermometry requirements should be
performance based. EPA also agrees that
flexibility for mercury-containing
industrial thermometer alternatives
should be allowed, especially when
effective, comparable, and available
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mercury alternatives are available. EPA
also agrees with the commenter that
where effective non-mercury
alternatives exist, there may be
justification for requiring the use of a
mercury-free device considering the
pollution prevention benefits. However,
EPA has not at this time decided
whether to pursue requirements for use
of mercury-free devices. In the spirit of
NTTAA, EPA encourages ASTM to take
this into consideration when revising its
relevant standards. EPA also agrees with
the noted benefits of digital
thermometers and that NIST’s recent
decision will help expedite the
transition of laboratories to nonmercury-containing industrial
thermometers.
3. Does the use of data-loggers for
temperature measurement in autoclaves
provide a viable alternative to the use of
mercury-containing thermometers?
Commenters supported the use of dataloggers for temperature measurement in
autoclaves to provide a viable
alternative to mercury-containing
industrial thermometers. Commenters
also noted that substituting the use of
mercury-containing industrial
thermometers in this application,
although initially more expensive,
avoids the potential for thermometer
breakage inside of an autoclave, which
could result in expensive cleanup and
disposal costs, and overall would
represent a significant lifecycle cost
savings. One commenter stated that a
vaporized mercury release from a
resulting spill in an operating autoclave
could be potentially dangerous to
employees unaware of the thermometer
breakage or mercury spill. Two
commenters also stated that the ability
of data-loggers to track temperature over
time within the autoclaves provides
assurance of adequate temperatures for
a sufficient period of time to ensure
proper sterilization, while avoiding
potential degradation of microbiological
media. EPA agrees with the commenters
that the use of data-loggers in autoclaves
provides further support that there are
viable alternatives to the use of
mercury-containing industrial
thermometers.
4. What else can EPA do to help
expedite the use of alternatives to
mercury-containing thermometers
where feasible, comparable, and
available? Commenters responded that
EPA should continue to encourage
ASTM to evaluate expeditiously its
standards that require the use of
mercury-containing industrial
thermometers and that EPA staff should
continue to engage in the ASTM
standard updating process as committee
members. Commenters also responded
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that EPA should provide the States and
ASTM assistance in evaluating mercury
alternatives as well as publicize and
make available the outcomes of these
performance-based studies. The
commenters further responded that EPA
should clarify to the public, where
possible, applications where mercurycontaining industrial thermometers are
no longer necessary for accurate and
reproducible temperature measurement.
Commenters also encouraged EPA to
continue to work with NIST to facilitate
a switchover to non-mercury
alternatives. Finally, one commenter
asked that EPA broaden its efforts across
its programs to identify additional
requirements, including other CAA and
RCRA requirements, where mercurycontaining industrial thermometers are
referenced directly and provide more
comprehensive flexibility under these
requirements.
EPA agrees with the commenters on
their request that the Agency continue
to encourage ASTM to evaluate its
standards that require the use of
mercury-containing industrial
thermometers, including informing the
public on what thermometer
applications no longer require mercury
devices for accurate and reproducible
measurement. EPA will continue to
work with the States and ASTM to
evaluate mercury alternatives and to
make such evaluations available to the
public. EPA also agrees to evaluate the
additional requirements under CAA and
RCRA to use mercury-containing
industrial thermometers and provide
flexibility where possible.
IV. Changes Based on Incorporation by
Reference Requirements
A. Removal of Amendments to 40 CFR
Parts 63 and 86
In a separate document published in
the Federal Register issue of March 21,
2011 (76 FR 15554) (FRL–9273–5), EPA
finalized an amendment to § 63.14 and
to Table 6 in subpart DDDDD of 40 CFR
part 63, that removed the ASTM
standard D5865–03a and replaced it
with the ASTM standard D5865–10a.
Therefore, the amendments to 40 CFR
part 63 published in the proposed rule
for this document are no longer
necessary.
Additionally, at this time EPA does
not plan to amend 40 CFR part 86 due
to issues related to the Office of the
Federal Register’s (OFR) requirements
for incorporation by reference. The
incorporation by reference requirements
to include the addition of ASTM
standards D93–09 and D445–09 would
require amendments to 40 CFR part 86
not initially targeted by this rulemaking.
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Those amendments would significantly
expand the scope of the rulemaking
beyond issues related to the flexible use
of mercury-free thermometers. EPA
plans in the future to address the
amendments proposed for 40 CFR part
86 and OFR’s incorporation by reference
requirements for 40 CFR part 86.
B. Formatting Changes to Final Rule
The regulatory text of this final rule
is significantly changed in appearance
from the proposed rule. These changes
in the regulatory text were made in
order to comply with the Office of the
Federal Register’s (OFR) incorporation
by reference requirements found in 1
CFR part 51. Approval by the OFR
Director was based on meeting the
requirements for new approvals, 17
ASTM and ISO standards and 1 OECD
guideline, which are used to perform
the testing required by this final rule,
and changing the format for the existing
centralized incorporation by reference
sections affected by this final rule.
These formatting changes in the
regulatory text are non-substantive and
do not change the meaning of the
regulatory amendments originally
proposed.
V. Statutory and Executive Order
Reviews
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A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This is not a ‘‘significant regulatory
action’’ under Executive Order 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 (PRA) (44 U.S.C. 3501 et seq.).
Burden is defined at 5 CFR 1320.3(b).
An Agency may not conduct or sponsor,
and a person is not required to respond
to a collection of information that
requires the Office of Management and
Budget (OMB) approval under PRA,
unless it has been approved by OMB
and displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR, after appearing in the
Federal Register, are listed in 40 CFR
part 9, and included on the related
collection instrument, or form, if
applicable.
C. Regulatory Flexibility Act
Pursuant to section 605(b) of RFA (5
U.S.C. 601 et seq.), I hereby certify that
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this final rule does not have a
significant economic impact on a
substantial number of small entities.
Under RFA, small entity is defined as:
1. A small business that is further
defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201 using either the number of
employees or annual receipts for the
businesses affected by the regulation,
which for this final rule includes any
business that is primarily engaged in the
use of mercury-containing industrial
thermometers in laboratories, for field
analysis (e.g., including usage at
petroleum storage or refining facilities),
or for other industrial applications (see
also Unit I. and the applicable
provisions in the regulations affected by
this final rule).
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.
3. A small organization that is any
not-for-profit enterprise which is
independently owned and operated and
is not dominant in its field.
In making this determination, the
impact of concern is any significant
adverse economic impact on small
entities because the primary purpose of
regulatory flexibility analysis is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify under RFA
when the rule relieves regulatory
burden, or otherwise has no expected
economic impact on small entities
subject to the rule.
The revisions in this final rule will
provide flexibility to affected entities by
allowing the use of mercury-free
thermometers, without mandating their
use. It does not otherwise amend or
impose any other requirements. As
such, this final rule will not have any
adverse economic impact on any
entities, large or small.
D. Unfunded Mandates Reform Act
This final rule 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 and does not
contain any unfunded mandate, or
otherwise have any effect on small
governments subject to the requirements
of sections 202, 203, 204, or 205 of
UMRA.
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E. Executive Order 13132: Federalism
This action will not have federalism
implications because it is not expected
to have a substantial direct effect on
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 (64 FR 43255,
August 10, 1999). Thus, Executive Order
13132 does not apply to this action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action will not have Tribal
implications because it is not expected
to have substantial direct effects on
Indian Tribes, will not significantly or
uniquely affect the communities of
Indian Tribal governments, and does not
involve or impose any requirements that
affect Indian Tribes, as specified in
Executive Order 13175 (65 FR 67249,
November 9, 2000). Accordingly, the
requirements of Executive Order 13175
do not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks, nor is it an ‘‘economically
significant regulatory action’’ as defined
by Executive Order 12866.
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 (NTTAA) (15 U.S.C. 272 note),
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
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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.
ASTM standards constitute voluntary
consensus standards and, as such,
NTTAA directly applies to this final
rule. With this final rule, EPA is adding
to existing EPA regulations the most
current versions of applicable ASTM
standards that allow flexibility in the
use of mercury-containing industrial
thermometers and in the spirit of
NTTAA plans to work closely with
ASTM to address the remaining
standards referenced within EPA
regulations that require the use of
mercury-containing thermometers.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
This action does 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. Therefore, this action
does not involve special consideration
of environmental justice-related issues
as specified in Executive Order 12898
(59 FR 7629, February 16, 1994).
VI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
pmangrum on DSK3VPTVN1PROD with RULES
List of Subjects in 40 CFR Parts 49, 60,
75, 89, 92, 94, 761, and 1065
PART 49—[AMENDED]
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. In § 49.123, revise the definition of
‘‘Heat input’’ in paragraph (a) and add
paragraph (e)(1)(xxi) to read as follows:
■
§ 49.123
General provisions.
(a) * * *
Heat input means the total gross
calorific value [where gross calorific
value is measured by ASTM Method
D240–02, D1826–94 (Reapproved 2003),
D5865–04, D5865–10, or E711–87
(Reapproved 2004) (incorporated by
reference, see § 49.123(e))] of all fuels
burned.
*
*
*
*
*
(e) * * *
(1) * * *
(xxi) ASTM D5865–10 (Approved
January 1, 2010), Standard Test Method
for Gross Calorific Value of Coal and
Coke, IBR approved for § 49.123(a).
PART 60—[AMENDED]
3. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
4. In § 60.17, add paragraph (a)(94) to
read as follows:
■
§ 60.17
Incorporations by reference.
*
*
*
*
*
(a) * * *
(94) ASTM D5865–10 (Approved
January 1, 2010), Standard Test Method
for Gross Calorific Value of Coal and
Coke, IBR approved for § 60.45(f)(5)(ii),
§ 60.46(c)(2), and appendix A–7 to part
60, Method 19, section 12.5.2.1.3.
*
*
*
*
*
■ 5. The authority citation for the
appendixes to part 60 continues to read
as follows:
Authority: 42 U.S.C. 7401–7601.
6. In Method 19 of appendix A–7 to
part 60, revise section 12.5.2.1.3 to read
as follows:
■
Appendix A–7 to Part 60—Test
Methods 19 Through 25E
*
*
*
*
*
Environmental protection,
Incorporation by reference, Mercury,
Temperature measurement,
Thermometers.
Method 19—Determination of Sulfur Dioxide
Removal Efficiency and Particulate Matter,
Sulfur Dioxide, and Nitrogen Oxide Emission
Rates
Dated: January 3, 2012.
Lisa P. Jackson,
Administrator.
12.5.2.1.3 Gross Sample Analysis. Use
ASTM D 2013–72 or 86 to prepare the
sample, ASTM D 3177–75 or 89 or ASTM D
4239–85, 94, or 97 to determine sulfur
content (%S), ASTM D 3173–73 or 87 to
determine moisture content, and ASTM D
Therefore, 40 CFR chapter I is
amended as follows:
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15:39 Jan 17, 2012
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*
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*
*
Frm 00024
*
Fmt 4700
*
Sfmt 4700
2015–77 (Reapproved 1978) or 96, D 3286–
85 or 96, or D 5865–98 or 10 to determine
gross calorific value (GCV) (all standards
cited are incorporated by reference—see
§ 60.17 for acceptable versions of the
standards) on a dry basis for each gross
sample.
*
*
*
*
*
PART 75—[AMENDED]
7. The authority citation for part 75
continues to read as follows:
■
Authority: 42 U.S.C. 7601 and 7651K, and
7651K note.
8. In § 75.6, add paragraph (a)(50) to
read as follows:
■
§ 75.6
Incorporation by reference.
*
*
*
*
*
(a) * * *
(50) ASTM D5865–10 (Approved
January 1, 2010), Standard Test Method
for Gross Calorific Value of Coal and
Coke, for appendices A, D, and F of this
part.
*
*
*
*
*
■ 9. In appendix A to part 75, revise
paragraph (c) of section 2.1.1.1 to read
as follows:
Appendix A to Part 75—Specifications
and Test Procedures
*
*
2.1.1.1
*
*
*
*
Maximum Potential Concentration
*
*
*
*
(c) When performing fuel sampling to
determine the MPC, use ASTM Methods:
ASTM D129–00, ASTM D240–00, ASTM
D1552–01, ASTM D2622–98, ASTM D3176–
89 (Reapproved 2002), ASTM D3177–02
(Reapproved 2007), ASTM D4239–02, ASTM
D4294–98, ASTM D5865–01a, or ASTM
D5865–10 (all incorporated by reference
under § 75.6).
*
*
*
*
*
10. In appendix D to part 75, revise
section 2.2.7 to read as follows:
■
Appendix D to Part 75—Optional SO2
Emissions Data Protocol for Gas-Fired
and Oil-Fired Units
*
*
*
*
*
2.2.7 Analyze oil samples to determine
the heat content of the fuel. Determine oil
heat content in accordance with ASTM
D240–00, ASTM D4809–00, ASTM D5865–
01a, or D5865–10 (all incorporated by
reference under § 75.6) or any other
procedures listed in section 5.5 of appendix
F of this part. Alternatively, the oil samples
may be analyzed for heat content by any
consensus standard method prescribed for
the affected unit under part 60 of this
chapter.
*
*
*
*
*
11. In appendix F to part 75:
a. Revise section 3.3.6.2.
b. Revise the expression ‘‘GCVO’’ in
paragraph (a) of section 5.5.1.
■
■
■
E:\FR\FM\18JAR1.SGM
18JAR1
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
c. Revise section 5.5.3.2.
d. Revise the expression ‘‘GCVC’’ in
section 5.5.3.3.
The revisions read as follows:
■
■
Appendix F to Part 75—Conversion
Procedures
*
*
*
*
*
3.3.6.2 GCV is the gross calorific value
(Btu/lb) of the fuel combusted determined by
ASTM D5865–01a or ASTM D5865–10,
ASTM D240–00 or ASTM D4809–00, and
ASTM D3588–98, ASTM D4891–89
(Reapproved 2006), GPA Standard 2172–96,
GPA Standard 2261–00, or ASTM D1826–94
(Reapproved 1998), as applicable. (All of
these methods are incorporated by reference
under § 75.6.)
*
*
*
*
*
5.5.1 (a) * * *
GCVO = Gross calorific value of oil, as
measured by ASTM D240–00, ASTM D5865–
01a, ASTM D5865–10, or ASTM D4809–00
for each oil sample under section 2.2 of
appendix D to this part, Btu/unit mass (all
incorporated by reference under § 75.6).
*
*
*
*
*
5.5.3.2 All ASTM methods are
incorporated by reference under § 75.6. Use
ASTM D2013–01 for preparation of a daily
coal sample and analyze each daily coal
sample for gross calorific value using ASTM
D5865–01a or ASTM D5865–10. On-line coal
analysis may also be used if the on-line
analytical instrument has been demonstrated
to be equivalent to the applicable ASTM
methods under §§ 75.23 and 75.66.
5.5.3.3 * * *
GCVC = Gross calorific value of coal
sample, as measured by ASTM D3176–89
(Reapproved 2002), ASTM D5865–01a, or
ASTM D5865–10, Btu/lb (incorporated by
reference under § 75.6).
*
*
*
*
*
PART 89—[AMENDED]
12. The authority citation for part 89
continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
■
13. Revise § 89.6 to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
§ 89.6
Reference materials.
The materials listed in this section are
incorporated by reference into this part
with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any
edition other than that specified in this
section, a document must be published
in the Federal Register and the material
must be available to the public. All
approved materials are available for
inspection at the Air and Radiation
Docket and Information Center (Air
Docket) in the EPA Docket Center (EPA/
VerDate Mar<15>2010
17:08 Jan 17, 2012
Jkt 226001
DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742. These approved materials are also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030 or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. In addition, these
materials are available from the sources
listed below.
(a) ASTM material. Copies of these
materials may be obtained from ASTM
International, 100 Barr Harbor Dr., P.O.
Box C700, West Conshohocken, PA
19428–2959, or by calling (877) 909–
ASTM, or at https://www.astm.org.
(1) ASTM D86–97, Standard Test
Method for Distillation of Petroleum
Products at Atmospheric Pressure, IBR
approved for appendix A to subpart D.
(2) ASTM D93–09 (Approved
December 15, 2009), Standard Test
Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR
approved for appendix A to subpart D.
(3) ASTM D129–95, Standard Test
Method for Sulfur in Petroleum
Products (General Bomb Method), IBR
approved for appendix A to subpart D.
(4) ASTM D287–92, Standard Test
Method for API Gravity of Crude
Petroleum and Petroleum Products
(Hydrometer Method), IBR approved for
appendix A to subpart D.
(5) ASTM D445–09 (Approved July 1,
2009), Standard Test Method for
Kinematic Viscosity of Transparent and
Opaque Liquids (the Calculation of
Dynamic Viscosity), IBR approved for
appendix A to subpart D.
(6) ASTM D613–95, Standard Test
Method for Cetane Number of Diesel
Fuel Oil, IBR approved for appendix A
to subpart D.
(7) ASTM D1319–98, Standard Test
Method for Hydrocarbon Types in
Liquid Petroleum Products by
Fluorescent Indicator Adsorption, IBR
approved for appendix A to subpart D.
(8) ASTM D2622–98, Standard Test
Method for Sulfur in Petroleum
Products by Wavelength Dispersive Xray Fluorescence Spectrometry, IBR
approved for appendix A to subpart D.
PO 00000
Frm 00025
Fmt 4700
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2461
(9) ASTM D5186–96, Standard Test
Method for ‘‘Determination of the
Aromatic Content and Polynuclear
Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels By Supercritical
Fluid Chromatography, IBR approved
for appendix A to subpart D.
(10) ASTM E29–93a, Standard
Practice for Using Significant Digits in
Test Data to Determine Conformance
with Specifications, IBR approved for
§§ 89.120, 89.207, 89.509.
(b) California Air Resources Board
Test Procedure. The material is from
Title 13, California Code of Regulations,
Sections 2420–2427, as amended by
California Air Resources Board
Resolution 92–2 and published in
California Air Resources Board mail out
#93–42, September 1, 1993. Copies of
these materials may be obtained from
the California Air Resources Board,
Haagen-Smit Laboratory, 9528 Telstar
Ave., El Monte, CA 91731–2908, or by
calling (800) 242–4450.
(1) California Regulations for New
1996 and Later Heavy-Duty Off-Road
Diesel Cycle Engines, IBR approved for
§§ 89.112, 89.119, 89.508.
(2) [Reserved]
(c) SAE material. Copies of these
materials may be obtained from the
Society of Automotive Engineers
International, 400 Commonwealth Dr.,
Warrendale, PA 15096–0001, or by
calling (877) 606–7323 (United States
and Canada only) or (724) 776–4970
(outside the United States and Canada
only), or at https://www.sae.org.
(1) SAE J244, June 83, Recommended
Practice for Measurement of Intake Air
or Exhaust Gas Flow of Diesel Engines,
IBR approved for § 89.416.
(2) SAE J1937, November 89,
Recommended Practice for Engine
Testing with Low Temperature Charge
Air Cooler Systems in a Dynamometer
Test Cell, IBR approved for § 89.327.
(3) SAE Paper 770141, 1977,
Optimization of a Flame Ionization
Detector for Determination of
Hydrocarbon in Diluted Automotive
Exhausts, Glenn D. Reschke, IBR
approved for § 89.319.
14. In appendix A to subpart D of part
89, Table 4 is amended by revising the
entries ‘‘Flash Point, °C (minimum)’’
and ‘‘Viscosity @ 38 °C, Centistokes’’ to
read as follows:
Appendix A to Subpart D of Part 89—
Tables
*
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*
*
18JAR1
*
*
2462
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
TABLE 4—FEDERAL TEST FUEL SPECIFICATIONS
Item
Procedure (ASTM) 1
*
*
*
Flash Point, °C (minimum) ............................................................
Viscosity @ 38 °C, centistokes .....................................................
*
*
*
D93–09 .....................................................................
D445–09 ...................................................................
1 All
*
*
*
*
*
15. The authority citation for part 92
continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
16. Revise § 92.5 to read as follows:
§ 92.5
*
54
2.0–3.2
ASTM procedures in this table have been incorporated by reference. See § 89.6.
PART 92—[AMENDED]
■
Value (type 2–D)
Reference materials.
The materials listed in this section are
incorporated by reference into this part
with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any
edition other than that specified in this
section, a document must be published
in the Federal Register and the material
must be available to the public. All
approved materials are available for
inspection at the Air and Radiation
Docket and Information Center (Air
Docket) in the EPA Docket Center (EPA/
DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave. NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742. These approved materials are also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030 or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. In addition, these
materials are available from the sources
listed below.
(a) ANSI material. Copies of these
materials may be obtained from the
American National Standards Institute,
25 West 43rd St., 4th Floor, New York,
NY 10036, or by calling (212) 642–4900,
or at https://www.ansi.org.
(1) ANSI B109.1–1992, Diaphragm
Type Gas Displacment Meters, IBR
approved for § 92.117.
(2) [Reserved]
(b) ASTM material. Copies of these
materials may be obtained from ASTM
International, 100 Barr Harbor Dr., P.O.
Box C700, West Conshohocken, PA
19428–2959, or by calling (877) 909–
ASTM, or at https://www.astm.org.
(1) ASTM D86–95, Standard Test
Method for Distillation of Petroleum
Products, IBR approved for § 92.113.
(2) ASTM D93–09 (Approved
December 15, 2009), Standard Test
Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR
approved for § 92.113.
(3) ASTM D287–92, Standard Test
Method for API Gravity of Crude
Petroleum and Petroleum Products
(Hydrometer Method), IBR approved for
§ 92.113.
(4) ASTM D445–09 (Approved July 1,
2009), Standard Test Method for
Kinematic Viscosity of Transparent and
Opaque Liquids (and Calculation of
Dynamic Viscosity), IBR approved for
§ 92.113.
(5) ASTM D613–95, Standard Test
Method for Cetane Number of Diesel
Fuel Oil, IBR approved for § 92.113.
(6) ASTM D976–91, Standard Test
Method for Calculated Cetane Index of
Distillate Fuels, IBR approved for
§ 92.113.
(7) ASTM D1319–95, Standard Test
Method for Hydrocarbon Types in
Liquid Petroleum Products by
Fluorescent Indicator Adsorption, IBR
approved for § 92.113.
(8) ASTM D1945–91, Standard Test
Method for Analysis of Natural Gas by
Gas Chromatography, IBR approved for
§ 92.113.
(9) ASTM D2622–94, Standard Test
Method for Sulfur in Petroleum
Products by X-Ray Spectrometry, IBR
approved for § 92.113.
(10) ASTM D5186–91, Standard Test
Method for Determination of Aromatic
Content of Diesel Fuels by Supercritical
Fluid Chromatography, IBR approved
for § 92.113.
(11) ASTM E29–93a, Standard
Practice for Using Significant Digits in
Test Data to Determine Conformance
with Specifications, IBR approved for
§§ 92.9, 92.305, 92.509.
(c) SAE material. Copies of these
materials may be obtained from the
Society of Automotive Engineers
International, 400 Commonwealth Dr.,
Warrendale, PA 15096–0001, or by
calling (877) 606–7323 (United States
and Canada only) or (724) 776–4970
(outside the United States and Canada
only), or at https://www.sae.org.
(1) SAE Paper 770141, 1977,
Optimization of a Flame Ionization
Detector for Determination of
Hydrocarbon in Diluted Automotive
Exhausts, Glenn D. Reschke, IBR
approved for § 92.119.
(2) SAE Recommended Practice J244,
June 83, Measurement of Intake Air or
Exhaust Gas Flow of Diesel Engines, IBR
approved for § 92.108.
■ 17. In § 92.113, revise the entries
‘‘Flash Point, min., °F and °C’’ and
‘‘Viscosity, centistokes’’ in Table B113–
1 in paragraph (a)(1) to read as follows:
§ 92.113
Fuel specifications.
(a) * * *
(1) * * *
TABLE B113–1
pmangrum on DSK3VPTVN1PROD with RULES
Item
ASTM
*
*
*
*
Flash Point, min.,
°F ...........................................................................................................................
°C ...........................................................................................................................
Viscosity, centistokes ...................................................................................................
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15:39 Jan 17, 2012
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*
Type 2–D
*
D93–09 .....................................................
...................................................................
D445–09 ...................................................
E:\FR\FM\18JAR1.SGM
18JAR1
130
(54.4)
2.0–3.2
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
*
*
*
*
*
PART 94—[AMENDED]
18. The authority citation for part 94
continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
■
19. Revise § 94.5 to read as follows:
§ 94.5
Reference materials.
The materials listed in this section are
incorporated by reference into this part
with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any
edition other than that specified in this
section, a document must be published
in the Federal Register and the material
must be available to the public. All
approved materials are available for
inspection at the Air and Radiation
Docket and Information Center (Air
Docket) in the EPA Docket Center (EPA/
DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave. NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742. These approved materials are also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030 or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
In addition, these materials are
available from the sources listed below.
(a) ASTM material. Copies of these
materials may be obtained from ASTM
International, 100 Barr Harbor Dr., P.O.
Box C700, West Conshohocken, PA
19428–2959, or by calling (877) 909–
ASTM, or at https://www.astm.org.
(1) ASTM D86–01, Standard Test
Method for Distillation of Petroleum
Products at Atmospheric Pressure, IBR
approved for § 94.108.
(2) ASTM D93–09 (Approved
December 15, 2009), Standard Test
Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR
approved for § 94.108.
(3) ASTM D129–00, Standard Test
Method for Sulfur in Petroleum
Products (General Bomb Method), IBR
approved for § 94.108.
(4) ASTM D287–92 (Reapproved
2000), Standard Test Method for API
Gravity of Crude Petroleum and
Petroleum Products (Hydrometer
Method), IBR approved for § 94.108.
(5) ASTM D445–09 (Approved July 1,
2009), Standard Test Method for
Kinematic Viscosity of Transparent and
Opaque Liquids (and Calculation of
Dynamic Viscosity), IBR approved for
§ 94.108.
(6) ASTM D613–01, Standard Test
Method for Cetane Number of Diesel
Fuel Oil, IBR approved for § 94.108.
(7) ASTM D1319–02a, Standard Test
Method for Hydrocarbon Types in
Liquid Petroleum Products by
Fluorescent Indicator Adsorption, IBR
approved for § 94.108.
(8) ASTM D2622–98, Standard Test
Method for Sulfur in Petroleum
Products by Wavelength Dispersive Xray Fluorescence Spectrometry, IBR
approved for § 94.108.
(9) ASTM D5186–99, Standard Test
Method for Determination of the
2463
Aromatic Content and Polynuclear
Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels by Supercritical
Fluid Chromatography, IBR approved
for § 94.108.
(10) ASTM E 29–02, Standard Practice
for Using Significant Digits in Test Data
to Determine Conformance with
Specifications, IBR approved for § 94.2.
(b) IMO material. Copies of these
materials may be obtained from the
International Maritime Organization, 4
Albert Embankment, London SE1 7SR,
United Kingdom, or by calling +44–
(0)020–7735–7611, or at https://
www.imo.org.
(1) Resolution 2—Technical Code on
Control of Emission of Nitrogen Oxides
from Marine Diesel Engines, 1997, IBR
approved for §§ 94.2, 94.11, 94.108,
94.109, 94.204, 94.211, 94.1004.
(2) [Reserved]
(c) ISO material. Copies of these
materials may be obtained from the
International Organization for
Standardization, 1, ch. de la VoieCreuse, CP 56, CH–1211 Geneva 20,
Switzerland, or by calling +41–22–749–
01–11, or at https://www.iso.org.
(1) ISO 8178–1, Reciprocating internal
combustion engines—Exhaust emission
measurement—Part 1: Test-bed
measurement of gaseous and particulate
exhaust emissions, 1996, IBR approved
for § 94.109.
(2) [Reserved]
■ 20. In § 94.108, revise ‘‘Flash Point,
°C’’ and ‘‘Viscosity at 38 °C,
centistokes’’ in Table B–5 in paragraph
(a)(1) to read as follows:
§ 94.108
Test fuels.
(a) * * *
(1) * * *
TABLE B–5—FEDERAL TEST FUEL SPECIFICATIONS
Item
Procedure 1
Value
*
*
*
*
*
Flash Point, °C .........................................................................................................................................
*
ASTM D93–09 ................
*
54 minimum.
*
*
*
*
*
Viscosity at 38 °C, centistokes ................................................................................................................
*
ASTM D445–09 ..............
*
2.0–3.2.
1 All
*
ASTM standards are incorporated by reference in § 94.5.
*
*
*
§ 761.19
*
pmangrum on DSK3VPTVN1PROD with RULES
PART 761—[AMENDED]
21. The authority citation for part 761
continues to read as follows:
■
Authority: 15 U.S.C. 2605, 2607, 2611,
2614, and 2616.
■
22. Revise § 761.19 to read as follows:
VerDate Mar<15>2010
17:08 Jan 17, 2012
Jkt 226001
References.
The materials listed in this section are
incorporated by reference into this part
with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any
edition other than that specified in this
section, a document must be published
in the Federal Register and the material
must be available to the public. All
approved materials are available for
PO 00000
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inspection at the OPPT Docket in the
EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
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2464
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
566–0280. These approved materials are
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030
or go to https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html. In addition, these
materials are available from the sources
listed below.
(a) ASTM materials. Copies of these
materials may be obtained from ASTM
International, 100 Barr Harbor Dr., P.O.
Box C700, West Conshohocken, PA
19428–2959, or by calling (877) 909–
ASTM, or at https://www.astm.org.
(1) ASTM D93–09 (Approved
December 15, 2009), Standard Test
Methods for Flash Point by PenskyMartens Closed Tester, IBR approved for
§§ 761.71, 761.75.
(2) ASTM D129–64 (Reapproved
1978), Standard Test Method for Sulfur
in Petroleum Products (General Bomb
Method), IBR approved for § 761.71.
(3) ASTM D240–87, Standard Test
Method for Heat of Combustion of
Liquid Hydrocarbon Fuel by Bomb
Calorimeter, IBR approved for § 761.71.
(4) ASTM D482–87, Standard Test
Method for Ash from Petroleum
Products, IBR approved for § 761.71.
(5) ASTM D524–88, Standard Test
Method for Ramsbottom Carbon Residue
of Petroleum Products, IBR approved for
§ 761.71.
(6) ASTM D808–87, Standard Test
Method for Chlorine in New and Used
Petroleum Products (Bomb Method),
IBR approved for § 761.71.
(7) ASTM D923–86, Standard Test
Method for Sampling Electrical
Insulating Liquids, IBR approved for
§ 761.60.
(8) ASTM D923–89, Standard
Methods of Sampling Electrical
Insulating Liquids, IBR approved for
§ 761.60.
(9) ASTM D1266–87, Standard Test
Method for Sulfur in Petroleum
Products (Lamp Method), IBR approved
for § 761.71.
(10) ASTM D1796–83 (Reapproved
1990), Standard Test Method for Water
and Sediment in Fuel Oils by the
Centrifuge Method (Laboratory
Procedure), IBR approved for § 761.71.
(11) ASTM D2158–89, Standard Test
Method for Residues in Liquified
Petroleum (LP) Gases, IBR approved for
§ 761.71.
(12) ASTM D2709–88, Standard Test
Method for Water and Sediment in
Distillate Fuels by Centrifuge, IBR
approved for § 761.71.
(13) ASTM D2784–89, Standard Test
Method for Sulfur in Liquified
Petroleum Gases (Oxy-hydrogen Burner
or Lamp), IBR approved for § 761.71.
(14) ASTM D3178–84, Standard Test
Methods for Carbon and Hydrogen in
the Analysis Sample of Coke and Coal,
IBR approved for § 761.71.
(15) ASTM D3278–89, Standard Test
Methods for Flash Point of Liquids by
Setaflash Closed-Cup Apparatus, IBR
approved for § 761.75.
(16) ASTM E258–67 (Reapproved
1987), Standard Test Method for Total
Nitrogen Inorganic Material by Modified
KJELDAHL Method, IBR approved for
§ 761.71.
(b) [Reserved]
■ 23. In § 761.71, revise paragraph
(b)(2)(vi) to read as follows:
§ 761.71
High efficiency boilers.
*
*
*
*
*
(b) * * *
(2) * * *
(vi) The concentration of PCBs and of
any other chlorinated hydrocarbon in
the waste and the results of analyses
using the ASTM International methods
as follows: Carbon and hydrogen
content using ASTM D3178–84,
nitrogen content using ASTM E258–67
(Reapproved 1987), sulfur content using
ASTM D2784–89, ASTM D1266–87, or
ASTM D129–64 (Reapproved 1978),
chlorine content using ASTM D808–87,
water and sediment content using either
ASTM D2709–88 or ASTM D1796–83
(Reapproved 1990), ash content using
ASTM D482–87, calorific value using
ASTM D240–87, carbon residue using
either ASTM D2158–89 or ASTM D524–
88, and flash point using ASTM D93–09
(all standards incorporated by reference
in § 761.19).
*
*
*
*
*
■ 24. In § 761.75, revise paragraph
(b)(8)(iii) to read as follows:
§ 761.75
Chemical waste landfills.
*
*
*
*
*
(b) * * *
(8) * * *
(iii) Ignitable wastes shall not be
disposed of in chemical waste landfills.
Liquid ignitable wastes are wastes that
have a flash point less than 60 °C
(140 °F) as determined by the following
method or an equivalent method: Flash
point of liquids shall be determined by
a Pensky-Martens Closed Cup Tester,
using the protocol specified in ASTM
D93–09, or the Setaflash Closed Tester
using the protocol specified in ASTM
D3278–89 (all standards incorporated by
reference in § 761.19).
*
*
*
*
*
PART 1065—[AMENDED]
25. The authority citation for part
1065 continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
26. In § 1065.703, revise the entries
‘‘Flashpoint, min.’’ and ‘‘Kinematic
Viscosity’’ in Table 1 of § 1065.703 to
read as follows:
■
§ 1065.703
Distillate diesel fuel.
*
*
*
*
*
TABLE 1 OF § 1065.703—TEST FUEL SPECIFICATIONS FOR DISTILLATE DIESEL FUEL
Ultra
low
sulfur
Item
Units
*
*
Flash Point, min ..................................................
Kinematic Viscosity .............................................
*
°C .........................
cSt ........................
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1 ASTM
Low
sulfur
*
High
sulfur
*
54
2.0–3.2
54
2.0–3.2
Reference procedure 1
*
54 ASTM D93–09
2.0–3.2 ASTM D445–09
*
procedures are incorporated by reference in § 1065.1010. See § 1065.701(d) for other allowed procedures.
27. Revise § 1065.1010 to read as
follows:
■
§ 1065.1010
Reference materials.
The materials listed in this section are
incorporated by reference into this part
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with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any
edition other than that specified in this
section, a document must be published
in the Federal Register and the material
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must be available to the public. All
approved materials are available for
inspection at the Air and Radiation
Docket and Information Center (Air
Docket) in the EPA Docket Center (EPA/
DC) at Rm. 3334, EPA West Bldg., 1301
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
Constitution Ave. NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742. These approved materials are also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030 or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. In addition, these
materials are available from the sources
listed below.
(a) ASTM materials. Copies of these
materials may be obtained from ASTM
International, 100 Barr Harbor Dr., P.O.
Box C700, West Conshohocken, PA
19428–2959, or by calling (877) 909–
ASTM, or at https://www.astm.org.
(1) ASTM D86–07a, Standard Test
Method for Distillation of Petroleum
Products at Atmospheric Pressure, IBR
approved for §§ 1065.703, 1065.710.
(2) ASTM D93–09 (Approved
December 15, 2009), Standard Test
Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR
approved for § 1065.703.
(3) ASTM D445–09 (Approved July 1,
2009), Standard Test Method for
Kinematic Viscosity of Transparent and
Opaque Liquids (and Calculation of
Dynamic Viscosity), IBR approved for
§ 1065.703.
(4) ASTM D613–05, Standard Test
Method for Cetane Number of Diesel
Fuel Oil, IBR approved for § 1065.703.
(5) ASTM D910–07, Standard
Specification for Aviation Gasolines,
IBR approved for § 1065.701.
(6) ASTM D975–07b, Standard
Specification for Diesel Fuel Oils, IBR
approved for § 1065.701.
(7) ASTM D1267–02 (Reapproved
2007), Standard Test Method for Gage
Vapor Pressure of Liquefied Petroleum
(LP) Gases (LP-Gas Method), IBR
approved for § 1065.720.
(8) ASTM D1319–03, Standard Test
Method for Hydrocarbon Types in
Liquid Petroleum Products by
Fluorescent Indicator Adsorption, IBR
approved for § 1065.710.
(9) ASTM D1655–07e01, Standard
Specification for Aviation Turbine
Fuels, IBR approved for § 1065.701.
(10) ASTM D1837–02a (Reapproved
2007), Standard Test Method for
Volatility of Liquefied Petroleum (LP)
Gases, IBR approved for § 1065.720.
(11) ASTM D1838–07, Standard Test
Method for Copper Strip Corrosion by
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15:39 Jan 17, 2012
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Liquefied Petroleum (LP) Gases, IBR
approved for § 1065.720.
(12) ASTM D1945–03, Standard Test
Method for Analysis of Natural Gas by
Gas Chromatography, IBR approved for
§ 1065.715.
(13) ASTM D2158–05, Standard Test
Method for Residues in Liquefied
Petroleum (LP) Gases, IBR approved for
§ 1065.720.
(14) ASTM D2163–05, Standard Test
Method for Analysis of Liquefied
Petroleum (LP) Gases and Propene
Concentrates by Gas Chromatography,
IBR approved for § 1065.720.
(15) ASTM D2598–02 (Reapproved
2007), Standard Practice for Calculation
of Certain Physical Properties of
Liquefied Petroleum (LP) Gases from
Compositional Analysis, IBR approved
for § 1065.720.
(16) ASTM D2622–07, Standard Test
Method for Sulfur in Petroleum
Products by Wavelength Dispersive Xray Fluorescence Spectrometry, IBR
approved for §§ 1065.703, 1065.710.
(17) ASTM D2713–91 (Reapproved
2001), Standard Test Method for
Dryness of Propane (Valve Freeze
Method), IBR approved for § 1065.720.
(18) ASTM D2784–06, Standard Test
Method for Sulfur in Liquefied
Petroleum Gases (Oxy-Hydrogen Burner
or Lamp), IBR approved for § 1065.720.
(19) ASTM D2880–03, Standard
Specification for Gas Turbine Fuel Oils,
IBR approved for § 1065.701.
(20) ASTM D2986–95a (Reapproved
1999), Standard Practice for Evaluation
of Air Assay Media by the
Monodisperse DOP (Dioctyl Phthalate)
Smoke Test, IBR approved for
§ 1065.170.
(21) ASTM D3231–07, Standard Test
Method for Phosphorus in Gasoline, IBR
approved for § 1065.710.
(22) ASTM D3237–06e01, Standard
Test Method for Lead in Gasoline By
Atomic Absorption Spectroscopy, IBR
approved for § 1065.710.
(23) ASTM D4052–96e01 (Reapproved
2002), Standard Test Method for Density
and Relative Density of Liquids by
Digital Density Meter, IBR approved for
§ 1065.703.
(24) ASTM D4814–07a, Standard
Specification for Automotive SparkIgnition Engine Fuel, IBR approved for
§ 1065.701.
(25) ASTM D5186–03, Standard Test
Method for Determination of the
Aromatic Content and Polynuclear
Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels By Supercritical
Fluid Chromatography, IBR approved
for § 1065.703.
(26) ASTM D5191–07, Standard Test
Method for Vapor Pressure of Petroleum
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2465
Products (Mini Method), IBR approved
for § 1065.710.
(27) ASTM D5797–07, Standard
Specification for Fuel Methanol (M70–
M85) for Automotive Spark-Ignition
Engines, IBR approved for § 1065.701.
(28) ASTM D5798–07, Standard
Specification for Fuel Ethanol (Ed75–
Ed85) for Automotive Spark-Ignition
Engines, IBR approved for § 1065.701.
(29) ASTM D6615–06, Standard
Specification for Jet B Wide-Cut
Aviation Turbine Fuel, IBR approved for
§ 1065.701.
(30) ASTM D6751–07b, Standard
Specification for Biodiesel Fuel Blend
Stock (B100) for Middle Distillate Fuels,
IBR approved for § 1065.701.
(31) ASTM D6985–04a, Standard
Specification for Middle Distillate Fuel
Oil—Military Marine Applications, IBR
approved for § 1065.701.
(32) ASTM F1471–93 (Reapproved
2001), Standard Test Method for Air
Cleaning Performance of a HighEfficiency Particulate Air Filter System,
IBR approved for § 1065.1001.
(b) California Air Resources Board
material. Copies of these materials may
be obtained from the California Air
Resources Board, Haagen-Smit
Laboratory, 9528 Telstar Ave., El Monte,
CA 91731–2908, or by calling (800) 242–
4450.
(1) California Non-Methane Organic
Gas Test Procedures, Amended July 30,
2002, Mobile Source Division,
California Air Resources Board, IBR
approved for § 1065.805.
(2) [Reserved]
(c) Institute of Petroleum material.
Copies of these materials may be
obtained from the Energy Institute, 61
New Cavendish St., London, W1G 7AR,
UK, or by calling +44–(0)20–7467–7100,
or at https://www.energyinst.org.
(1) IP–470, 2005, Determination of
aluminum, silicon, vanadium, nickel,
iron, calcium, zinc, and sodium in
residual fuels by atomic absorption
spectrometry, IBR approved for
§ 1065.705.
(2) IP–500, 2003, Determination of the
phosphorus content of residual fuels by
ultra-violet spectrometry, IBR approved
for § 1065.705.
(3) IP–501, 2005, Determination of
aluminum, silicon, vanadium, nickel,
iron, sodium, calcium, zinc and
phosphorus in residual fuel oil by
ashing, fusion and inductively coupled
plasma emission spectrometry, IBR
approved for § 1065.705.
(d) ISO material. Copies of these
materials may be obtained from the
International Organization for
Standardization, 1, ch. de la VoieCreuse, CP 56, CH–1211 Geneva 20,
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
Switzerland, or by calling +41–22–749–
01–11, or at https://www.iso.org.
(1) ISO 2719:2002, Determination of
flash point—Pensky-Martens closed cup
method, IBR approved for § 1065.705.
(2) ISO 3016:1994, Petroleum
products—Determination of pour point,
IBR approved for § 1065.705.
(3) ISO 3104:1994/Cor 1:1997,
Petroleum products—Transparent and
opaque liquids—Determination of
kinematic viscosity and calculation of
dynamic viscosity, IBR approved for
§ 1065.705.
(4) ISO 3675:1998, Crude petroleum
and liquid petroleum products—
Laboratory determination of density—
Hydrometer method, IBR approved for
§ 1065.705.
(5) ISO 3733:1999, Petroleum
products and bituminous materials—
Determination of water—Distillation
method, IBR approved for § 1065.705.
(6) ISO 6245:2001, Petroleum
products—Determination of ash, IBR
approved for § 1065.705.
(7) ISO 8217:2005, Petroleum
products—Fuels (class F)—
Specifications of marine fuels, IBR
approved for § 1065.705.
(8) ISO 8754:2003, Petroleum
products—Determination of sulfur
content—Energy-dispersive X-ray
fluorescence spectrometry, IBR
approved for § 1065.705.
(9) ISO 10307–2:1993, Petroleum
products—Total sediment in residual
fuel oils—Part 2: Determination using
standard procedures for ageing, IBR
approved for § 1065.705.
(10) ISO 10370:1993/Cor 1:1996,
Petroleum products—Determination of
carbon residue—Micro method, IBR
approved for § 1065.705.
(11) ISO 10478:1994, Petroleum
products—Determination of aluminium
and silicon in fuel oils—Inductively
coupled plasma emission and atomic
absorption spectroscopy methods, IBR
approved for § 1065.705.
(12) ISO 12185:1996/Cor 1:2001,
Crude petroleum and petroleum
products—Determination of density—
Oscillating U-tube method, IBR
approved for § 1065.705.
(13) ISO 14596:2007, Petroleum
products—Determination of sulfur
content—Wavelength-dispersive X-ray
fluorescence spectrometry, IBR
approved for § 1065.705.
(14) ISO 14597:1997, Petroleum
products—Determination of vanadium
and nickel content—Wavelengthdispersive X-ray fluorescence
spectrometry, IBR approved for
§ 1065.705.
(15) ISO 14644–1:1999, Cleanrooms
and associated controlled environments,
IBR approved for § 1065.190.
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(e) NIST material. Copies of these
materials may be obtained from the
National Institute of Standards and
Technology (NIST) by calling (800) 553–
6847 or from the U.S. Government
Printing Office (GPO). To purchase a
NIST publication you must have the
order number. Order numbers are
available from the Public Inquiries Unit
at (301) 975–NIST. Mailing address:
Public Inquiries Unit, NIST, 100 Bureau
Dr., Stop 1070, Gaithersburg, MD
20899–1070. If you have a GPO stock
number, you can purchase printed
copies of NIST publications from GPO.
GPO orders may be: Mailed to the U.S.
Government Printing Office, P.O. Box
979050, St. Louis, MO 63197–9000,
placed by telephone at (866) 512–1800
(DC Area only: (202) 512–1800), or
faxed to (202) 512–2104. More
information can also be found at
https://www.nist.gov.
(1) NIST Special Publication 811,
1995 Edition, Guide for the Use of the
International System of Units (SI), Barry
N. Taylor, Physics Laboratory, IBR
approved for §§ 1065.20, 1065.1001,
1065.1005.
(2) NIST Technical Note 1297, 1994
Edition, Guidelines for Evaluating and
Expressing the Uncertainty of NIST
Measurement Results, Barry N. Taylor
and Chris E. Kuyatt, IBR approved for
§ 1065.1001.
(f) SAE material. Copies of these
materials may be obtained from the
Society of Automotive Engineers
International, 400 Commonwealth Dr.,
Warrendale, PA 15096–0001, or by
calling (724) 776–4841, or at https://
www.sae.org.
(1) SAE 770141, 2001, Optimization
of Flame Ionization Detector for
Determination of Hydrocarbon in
Diluted Automotive Exhausts, Glenn D.
Reschke, IBR approved for § 1065.360.
(2) [Reserved]
[FR Doc. 2012–712 Filed 1–17–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0588; FRL–9614–8]
Approval, Disapproval and
Promulgation of Air Quality
Implementation Plans; Colorado:
Smoke, Opacity and Sulfur Dioxide
Rule Revisions; Regulation 1
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
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EPA is partially approving
and partially disapproving State
Implementation Plan (SIP) revisions to
Colorado’s Regulation 1. The partial
approval of the State’s revisions allows
for the use of obscurants during military
exercises at the Fort Carson Military
´
Base and Pinon Canyon Maneuver Site
in Colorado when precautionary steps
are taken during the exercise to
maintain air quality. EPA approves the
State’s revised determination of
averaged over time emission rates and
the expansion of recordkeeping
requirements. EPA, however, is
disapproving the revised provision
governing fuel burning equipment.
These revisions were adopted by the
State of Colorado on July 21, 2005 and
submitted to EPA on August 8, 2006.
The proposed partial approval and
partial disapproval appeared in the
Federal Register on August 10, 2011 (76
FR 49391). EPA has determined that the
approved revisions in Colorado’s
submittal are consistent with the Clean
Air Act (CAA). This action is being
taken under section 110 of the Clean Air
Act.
DATES: Effective date: This final rule is
effective February 17, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0588. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Mark Komp, Air Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6022,
komp.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\18JAR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2456-2466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-712]
[[Page 2456]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 49, 60, 75, 89, 92, 94, 761, and 1065
[EPA-HQ-OPPT-2010-0518; FRL-8880-4]
RIN 2070-AJ51
Incorporation of Revised ASTM Standards That Provide Flexibility
in the Use of Alternatives to Mercury-Containing Industrial
Thermometers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is promulgating a final rule to incorporate the most
recent versions of ASTM International (ASTM) standards into EPA
regulations that provide flexibility to use alternatives to mercury-
containing industrial thermometers. This final rule will allow the use
of such alternatives in certain field and laboratory applications
previously impermissible as part of compliance with EPA regulations.
EPA believes the older embedded ASTM standards unnecessarily impede the
use of effective, comparable, and available alternatives to mercury-
containing industrial thermometers. Due to mercury's high toxicity, EPA
seeks to reduce potential mercury exposures to humans and the
environment by reducing the overall use of mercury-containing products,
including mercury-containing industrial thermometers.
DATES: This final rule is effective March 19, 2012. The incorporation
by reference of certain publications listed in the final rule is
approved by the Director of the Federal Register as of March 19, 2012.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2010-0518. All documents in the
docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Robert Courtnage, National Program Chemicals Division (7404T), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number: (202) 566-1081; email address: courtnage.robert@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by this action if you use mercury-
containing industrial thermometers in laboratories, for field analysis
(e.g., including usage at petroleum storage or refining facilities), or
for other industrial applications. Potentially affected entities may
include, but are not limited to:
Testing Laboratories (NAICS code 541380).
Petroleum Refineries (NAICS code 324110).
Analytical Laboratory Instrument Manufacturing (NAICS code
334516).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
II. Background
A. What action is the agency taking?
The Agency is promulgating a final rule, which was proposed in the
Federal Register issue of January 12, 2011 (76 FR 2056) (FRL-8846-6),
to incorporate into EPA regulations revised ASTM standards that provide
flexibility to the regulated community to use alternatives to mercury-
containing industrial thermometers. As part of the Agency's mercury
reduction effort and pursuant to the ``EPA Roadmap for Mercury, Chapter
2: Addressing Mercury Uses in Products and Processes,'' available at
https://www.epa.gov/hg/roadmap.htm, EPA is removing unnecessary
requirements to use mercury-containing industrial thermometers where
viable and comparable non-mercury substitutes exist in the market. EPA
is specifically updating regulations to incorporate three ASTM
standards (D5865-10, D445-09, and D93-09) that allow for the use of
alternatives to mercury-containing industrial thermometers. The Agency
is updating these ASTM standards where they are referenced in
regulations pursuant to the Clean Air Act (CAA) and the Toxic
Substances Control Act (TSCA) (certain sections of 40 CFR parts 49, 60,
75, 89, 92, 94, 761, and 1065). One of the incorporated ASTM standards
(D5865-10) requires the use of a mercury-free device while the other
two ASTM standards (D445-09 and D93-09) provide the flexibility to use
alternatives to mercury-containing industrial thermometers, but do not
require their use. EPA is amending Agency regulations to allow the use
of the updated ASTM standard D5865-10 and the previous ASTM standards,
D5856-01a, D5856-03a, and D5856-04 so that flexibility is given to use
mercury-free thermometers, but not required. Although commenters on the
proposed rule stated that EPA should not allow the flexibility to use
previous versions of ASTM D-5865 so that mercury-free thermometers
would be required, the intent of this final rule is to provide the
flexibility to use mercury-containing industrial thermometers while not
specifically requiring their use.
Mercury exposures can harm the brain, heart, kidneys, lungs, and
immune system. Most human exposure to mercury is through the
consumption of fish containing methylmercury. Exposure to methylmercury
through ingestion can harm the normal development of the nervous
system, resulting in learning disabilities. Elemental mercury and other
forms of mercury from industrial sources are deposited from the air and
are converted
[[Page 2457]]
into methylmercury. Mercury exposure can also occur by inhalation of
elemental mercury from breakage or improper disposal of mercury-
containing products such as mercury-containing industrial thermometers.
Inhalation exposure of elemental mercury can lead to neurotoxic and
developmental neurotoxic effects.
The National Institute of Standards and Technology (NIST), a U.S.
government agency devoted to advancing measurement science, standards,
and technology, believes there are no fundamental barriers to the
replacement of mercury-containing industrial thermometers. Supporting
this assertion, on March 1, 2011, NIST discontinued the calibration of
mercury-containing industrial thermometers. By discontinuing these
calibrations, NIST supports their professional opinion that mercury-
containing industrial thermometers are no longer the highest standard
for accurate and reproducible temperature measurement. Although
previously perceived as superior in performance, mercury-containing
industrial thermometers have readily available and comparable
alternatives such as platinum resistance thermometers, thermistors,
thermocouples, and portable electronic thermometers (PETs).
Although a start, the ASTM standards (D5865-10, D445-09, and D93-
09) addressed in this final rule comprise only a small percentage of
the ASTM standards referenced within EPA regulations that require the
use of mercury-containing industrial thermometers. Further revisions to
these other relevant ASTM standards would be necessary before EPA could
provide more comprehensive flexibility to the regulated community. To
facilitate the use of mercury alternatives, EPA encourages ASTM, in the
spirit of pollution prevention, to expeditiously review and revise
standards that require the use of mercury-containing industrial
thermometers, particularly those currently embedded in EPA regulations.
More specifically, EPA encourages ASTM committee chairs to support EPA
in making committee members aware of committee standards that require
the use of mercury-containing industrial thermometers.
In addition to EPA regulations that reference ASTM standards,
certain EPA regulations directly require the use of mercury-containing
industrial thermometers. Most of these regulations are pursuant to CAA;
EPA's Office of Air and Radiation intends to address them through a
separate rulemaking. For ASTM standards contained within State
implementation plan (SIP) approvals, the Agency would need to address
each ASTM standard separately after consultation with the States.
Additionally, analytical methods required under the Resource
Conservation and Recovery Act (RCRA) that use mercury-containing
industrial thermometers as a Method Defined Parameter (MDP) were not
addressed in the proposed rule and will not be addressed in this final
rule. EPA plans to make revisions to MDPs that require the use of
mercury-containing industrial thermometers at a future date. While the
Office of Solid Waste and Emergency Response (OSWER) Methods Innovation
Rule (MIR), published in the Federal Register issue of June 14, 2005
(70 FR 34538) (FRL-7916-1), allows flexibility in RCRA-related sampling
and analysis, the MIR does not currently allow for flexibility for test
methods that have MDPs. However, methods that are not considered MDPs
(i.e., methods not required by RCRA regulations) allow the use of
alterative equipment such as non-mercury thermometers as long as users
can demonstrate that data quality objectives can be met without
compromising data quality. EPA believes that users should identify the
appropriate methods for a specific project before sampling and analysis
begins and recommends that they consult with their regulating authority
during identification of performance goals and the selection of
appropriate methods before using alternative equipment (e.g., non-
mercury thermometer).
For more information on MIR and RCRA's SW-846, ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' please visit the
SW-846 Web site at https://www.epa.gov/osw/hazard/testmethods/sw846.
B. What is the agency's authority for taking this action?
This action is being taken under the Agency's authority pursuant to
CAA (42 U.S.C. 7401 to 7671q) and TSCA (15 U.S.C. 2601 to 2692).
III. Public Comments
A. General Comments
The comments EPA received on the proposed rule were overwhelmingly
supportive of incorporating the revised ASTM standards D5865-10, D445-
09, and D93-09. Five public comments were received. Commenters noted
that temperature measurement in laboratories and in the field would not
adversely be affected by the proposed amendments. One commenter also
correctly noted that several States have already banned or in some way
restricted the sale of mercury-containing industrial thermometers.
Other commenters questioned EPA's reasoning for the action, citing
compact fluorescent lights as a greater source of mercury than
thermometers. EPA believes that there is justification for allowing
flexibility to use alternatives to mercury-containing industrial
thermometers where comparable and available substitutes exist. There
may be significant cost savings for making the switch to mercury-free
thermometers considering the expense incurred to properly clean up a
mercury spill following the breakage of a mercury-containing industrial
thermometer. Mercury in fluorescent lights, however, is outside the
scope of this rulemaking.
B. Responses to EPA's Questions Posed in the Proposed Rule
1. How can EPA provide additional flexibility in the use of
mercury-free thermometers to comply with the Agency's relevant
regulations? Commenters suggested that EPA incorporate voluntary
consensus standards (including ASTM standards) by reference so that
future updates and amendments to such standards would not require a
separate rulemaking by EPA for incorporation. One commenter also stated
that by incorporating such ASTM standards EPA should require the use of
the least toxic alternatives allowed under such standards.
Where ASTM standards are mentioned in EPA regulations, they are
incorporated by reference. But that incorporation does not mean that
updates to those standards are automatically incorporated. To
incorporate updates to standards in EPA regulations, EPA must follow
the appropriate procedures of the Administrative Procedures Act to
amend the existing regulations. EPA believes that notice-and-comment
rulemaking, such as was used for this final rule, provides the public
with the ability to thoroughly review updated voluntary consensus
standards and provide comments before they are incorporated into EPA
regulations.
In the spirit of the National Technology Transfer and Advancement
Act (NTTAA), EPA has often identified which industrial thermometers
must be used for specific functions by referencing ASTM standards in
its regulations. EPA believes the best way to remove unnecessary
requirements to use mercury-containing industrial thermometers is for
ASTM committees to expeditiously bring up for revision ASTM standards
that unnecessarily require mercury-containing industrial
[[Page 2458]]
thermometers in situations where effective, comparable, and available
mercury-free alternatives exist. EPA would then review such ASTM
standard revisions and incorporate the updated standards that allow
mercury-free alternatives into EPA regulations that reference these
standards. EPA would do this through notice-and-comment rulemaking.
2. Are requirements to use mercury-containing thermometers
necessary for performance reasons or should flexibility be provided in
most, if not all, measurement applications? Commenters stated that
thermometry requirements should be performance based. Commenters also
noted that flexibility for the use of non-mercury alternatives should
be allowed and that where effective non-mercury alternatives exist they
should be required to be used to the maximum extent possible.
Another commenter stated that many State agencies have actively
promoted the elimination of usage of mercury-containing industrial
thermometers in State laboratories and have not since experienced
reduced performance in temperature measurement. As a result, the
commenter asserts that State agencies have found that it is
technologically possible to eliminate the use of mercury-containing
industrial thermometers in most, if not all, applications. The
commenter further stated that those State agencies experiences are
supported by NIST's statement that there are no fundamental barriers to
the replacement of mercury-containing industrial thermometers and
NIST's discontinuation of the calibration of mercury-containing
thermometers. It was the opinion of this commenter that the decision by
NIST to discontinue the calibration of mercury-containing thermometers
will facilitate the transition to mercury-free alternatives in
laboratories where annual mercury-containing industrial thermometer re-
calibration requirements have proven to be an impediment to the
complete removal of mercury measurement devices. The same commenter
went on to say that the use of digital alternatives to mercury-
containing industrial thermometers provided the benefit of electronic
recordkeeping processes that could prevent human error in recording
measurements.
EPA agrees with commenters that the thermometry requirements should
be performance based. EPA also agrees that flexibility for mercury-
containing industrial thermometer alternatives should be allowed,
especially when effective, comparable, and available mercury
alternatives are available. EPA also agrees with the commenter that
where effective non-mercury alternatives exist, there may be
justification for requiring the use of a mercury-free device
considering the pollution prevention benefits. However, EPA has not at
this time decided whether to pursue requirements for use of mercury-
free devices. In the spirit of NTTAA, EPA encourages ASTM to take this
into consideration when revising its relevant standards. EPA also
agrees with the noted benefits of digital thermometers and that NIST's
recent decision will help expedite the transition of laboratories to
non-mercury-containing industrial thermometers.
3. Does the use of data-loggers for temperature measurement in
autoclaves provide a viable alternative to the use of mercury-
containing thermometers? Commenters supported the use of data-loggers
for temperature measurement in autoclaves to provide a viable
alternative to mercury-containing industrial thermometers. Commenters
also noted that substituting the use of mercury-containing industrial
thermometers in this application, although initially more expensive,
avoids the potential for thermometer breakage inside of an autoclave,
which could result in expensive cleanup and disposal costs, and overall
would represent a significant lifecycle cost savings. One commenter
stated that a vaporized mercury release from a resulting spill in an
operating autoclave could be potentially dangerous to employees unaware
of the thermometer breakage or mercury spill. Two commenters also
stated that the ability of data-loggers to track temperature over time
within the autoclaves provides assurance of adequate temperatures for a
sufficient period of time to ensure proper sterilization, while
avoiding potential degradation of microbiological media. EPA agrees
with the commenters that the use of data-loggers in autoclaves provides
further support that there are viable alternatives to the use of
mercury-containing industrial thermometers.
4. What else can EPA do to help expedite the use of alternatives to
mercury-containing thermometers where feasible, comparable, and
available? Commenters responded that EPA should continue to encourage
ASTM to evaluate expeditiously its standards that require the use of
mercury-containing industrial thermometers and that EPA staff should
continue to engage in the ASTM standard updating process as committee
members. Commenters also responded that EPA should provide the States
and ASTM assistance in evaluating mercury alternatives as well as
publicize and make available the outcomes of these performance-based
studies. The commenters further responded that EPA should clarify to
the public, where possible, applications where mercury-containing
industrial thermometers are no longer necessary for accurate and
reproducible temperature measurement. Commenters also encouraged EPA to
continue to work with NIST to facilitate a switchover to non-mercury
alternatives. Finally, one commenter asked that EPA broaden its efforts
across its programs to identify additional requirements, including
other CAA and RCRA requirements, where mercury-containing industrial
thermometers are referenced directly and provide more comprehensive
flexibility under these requirements.
EPA agrees with the commenters on their request that the Agency
continue to encourage ASTM to evaluate its standards that require the
use of mercury-containing industrial thermometers, including informing
the public on what thermometer applications no longer require mercury
devices for accurate and reproducible measurement. EPA will continue to
work with the States and ASTM to evaluate mercury alternatives and to
make such evaluations available to the public. EPA also agrees to
evaluate the additional requirements under CAA and RCRA to use mercury-
containing industrial thermometers and provide flexibility where
possible.
IV. Changes Based on Incorporation by Reference Requirements
A. Removal of Amendments to 40 CFR Parts 63 and 86
In a separate document published in the Federal Register issue of
March 21, 2011 (76 FR 15554) (FRL-9273-5), EPA finalized an amendment
to Sec. 63.14 and to Table 6 in subpart DDDDD of 40 CFR part 63, that
removed the ASTM standard D5865-03a and replaced it with the ASTM
standard D5865-10a. Therefore, the amendments to 40 CFR part 63
published in the proposed rule for this document are no longer
necessary.
Additionally, at this time EPA does not plan to amend 40 CFR part
86 due to issues related to the Office of the Federal Register's (OFR)
requirements for incorporation by reference. The incorporation by
reference requirements to include the addition of ASTM standards D93-09
and D445-09 would require amendments to 40 CFR part 86 not initially
targeted by this rulemaking.
[[Page 2459]]
Those amendments would significantly expand the scope of the rulemaking
beyond issues related to the flexible use of mercury-free thermometers.
EPA plans in the future to address the amendments proposed for 40 CFR
part 86 and OFR's incorporation by reference requirements for 40 CFR
part 86.
B. Formatting Changes to Final Rule
The regulatory text of this final rule is significantly changed in
appearance from the proposed rule. These changes in the regulatory text
were made in order to comply with the Office of the Federal Register's
(OFR) incorporation by reference requirements found in 1 CFR part 51.
Approval by the OFR Director was based on meeting the requirements for
new approvals, 17 ASTM and ISO standards and 1 OECD guideline, which
are used to perform the testing required by this final rule, and
changing the format for the existing centralized incorporation by
reference sections affected by this final rule. These formatting
changes in the regulatory text are non-substantive and do not change
the meaning of the regulatory amendments originally proposed.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This is not a ``significant regulatory action'' under Executive
Order 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 (PRA) (44 U.S.C. 3501 et
seq.). Burden is defined at 5 CFR 1320.3(b). An Agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires the Office of Management and Budget (OMB)
approval under PRA, unless it has been approved by OMB and displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument, or form, if applicable.
C. Regulatory Flexibility Act
Pursuant to section 605(b) of RFA (5 U.S.C. 601 et seq.), I hereby
certify that this final rule does not have a significant economic
impact on a substantial number of small entities. Under RFA, small
entity is defined as:
1. A small business that is further defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201 using either the
number of employees or annual receipts for the businesses affected by
the regulation, which for this final rule includes any business that is
primarily engaged in the use of mercury-containing industrial
thermometers in laboratories, for field analysis (e.g., including usage
at petroleum storage or refining facilities), or for other industrial
applications (see also Unit I. and the applicable provisions in the
regulations affected by this final rule).
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.
3. A small organization that is any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.
In making this determination, the impact of concern is any
significant adverse economic impact on small entities because the
primary purpose of regulatory flexibility analysis is to identify and
address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify under RFA when the rule relieves regulatory
burden, or otherwise has no expected economic impact on small entities
subject to the rule.
The revisions in this final rule will provide flexibility to
affected entities by allowing the use of mercury-free thermometers,
without mandating their use. It does not otherwise amend or impose any
other requirements. As such, this final rule will not have any adverse
economic impact on any entities, large or small.
D. Unfunded Mandates Reform Act
This final rule 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 and does not contain
any unfunded mandate, or otherwise have any effect on small governments
subject to the requirements of sections 202, 203, 204, or 205 of UMRA.
E. Executive Order 13132: Federalism
This action will not have federalism implications because it is not
expected to have a substantial direct effect on 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 (64 FR 43255, August
10, 1999). Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action will not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes, will not
significantly or uniquely affect the communities of Indian Tribal
governments, and does not involve or impose any requirements that
affect Indian Tribes, as specified in Executive Order 13175 (65 FR
67249, November 9, 2000). Accordingly, the requirements of Executive
Order 13175 do not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks, nor is it an ``economically significant regulatory
action'' as defined by Executive Order 12866.
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 (NTTAA) (15 U.S.C. 272 note), directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods,
[[Page 2460]]
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.
ASTM standards constitute voluntary consensus standards and, as
such, NTTAA directly applies to this final rule. With this final rule,
EPA is adding to existing EPA regulations the most current versions of
applicable ASTM standards that allow flexibility in the use of mercury-
containing industrial thermometers and in the spirit of NTTAA plans to
work closely with ASTM to address the remaining standards referenced
within EPA regulations that require the use of mercury-containing
thermometers.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
This action does 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. Therefore, this action does not involve
special consideration of environmental justice-related issues as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
VI. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Parts 49, 60, 75, 89, 92, 94, 761, and
1065
Environmental protection, Incorporation by reference, Mercury,
Temperature measurement, Thermometers.
Dated: January 3, 2012.
Lisa P. Jackson,
Administrator.
Therefore, 40 CFR chapter I is amended as follows:
PART 49--[AMENDED]
0
1. The authority citation for part 49 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. In Sec. 49.123, revise the definition of ``Heat input'' in
paragraph (a) and add paragraph (e)(1)(xxi) to read as follows:
Sec. 49.123 General provisions.
(a) * * *
Heat input means the total gross calorific value [where gross
calorific value is measured by ASTM Method D240-02, D1826-94
(Reapproved 2003), D5865-04, D5865-10, or E711-87 (Reapproved 2004)
(incorporated by reference, see Sec. 49.123(e))] of all fuels burned.
* * * * *
(e) * * *
(1) * * *
(xxi) ASTM D5865-10 (Approved January 1, 2010), Standard Test
Method for Gross Calorific Value of Coal and Coke, IBR approved for
Sec. 49.123(a).
PART 60--[AMENDED]
0
3. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 60.17, add paragraph (a)(94) to read as follows:
Sec. 60.17 Incorporations by reference.
* * * * *
(a) * * *
(94) ASTM D5865-10 (Approved January 1, 2010), Standard Test Method
for Gross Calorific Value of Coal and Coke, IBR approved for Sec.
60.45(f)(5)(ii), Sec. 60.46(c)(2), and appendix A-7 to part 60, Method
19, section 12.5.2.1.3.
* * * * *
0
5. The authority citation for the appendixes to part 60 continues to
read as follows:
Authority: 42 U.S.C. 7401-7601.
0
6. In Method 19 of appendix A-7 to part 60, revise section 12.5.2.1.3
to read as follows:
Appendix A-7 to Part 60--Test Methods 19 Through 25E
* * * * *
Method 19--Determination of Sulfur Dioxide Removal Efficiency and
Particulate Matter, Sulfur Dioxide, and Nitrogen Oxide Emission Rates
* * * * *
12.5.2.1.3 Gross Sample Analysis. Use ASTM D 2013-72 or 86 to
prepare the sample, ASTM D 3177-75 or 89 or ASTM D 4239-85, 94, or
97 to determine sulfur content (%S), ASTM D 3173-73 or 87 to
determine moisture content, and ASTM D 2015-77 (Reapproved 1978) or
96, D 3286-85 or 96, or D 5865-98 or 10 to determine gross calorific
value (GCV) (all standards cited are incorporated by reference--see
Sec. 60.17 for acceptable versions of the standards) on a dry basis
for each gross sample.
* * * * *
PART 75--[AMENDED]
0
7. The authority citation for part 75 continues to read as follows:
Authority: 42 U.S.C. 7601 and 7651K, and 7651K note.
0
8. In Sec. 75.6, add paragraph (a)(50) to read as follows:
Sec. 75.6 Incorporation by reference.
* * * * *
(a) * * *
(50) ASTM D5865-10 (Approved January 1, 2010), Standard Test Method
for Gross Calorific Value of Coal and Coke, for appendices A, D, and F
of this part.
* * * * *
0
9. In appendix A to part 75, revise paragraph (c) of section 2.1.1.1 to
read as follows:
Appendix A to Part 75--Specifications and Test Procedures
* * * * *
2.1.1.1 Maximum Potential Concentration
* * * * *
(c) When performing fuel sampling to determine the MPC, use ASTM
Methods: ASTM D129-00, ASTM D240-00, ASTM D1552-01, ASTM D2622-98,
ASTM D3176-89 (Reapproved 2002), ASTM D3177-02 (Reapproved 2007),
ASTM D4239-02, ASTM D4294-98, ASTM D5865-01a, or ASTM D5865-10 (all
incorporated by reference under Sec. 75.6).
* * * * *
0
10. In appendix D to part 75, revise section 2.2.7 to read as follows:
Appendix D to Part 75--Optional SO2 Emissions Data Protocol
for Gas-Fired and Oil-Fired Units
* * * * *
2.2.7 Analyze oil samples to determine the heat content of the
fuel. Determine oil heat content in accordance with ASTM D240-00,
ASTM D4809-00, ASTM D5865-01a, or D5865-10 (all incorporated by
reference under Sec. 75.6) or any other procedures listed in
section 5.5 of appendix F of this part. Alternatively, the oil
samples may be analyzed for heat content by any consensus standard
method prescribed for the affected unit under part 60 of this
chapter.
* * * * *
0
11. In appendix F to part 75:
0
a. Revise section 3.3.6.2.
0
b. Revise the expression ``GCVO'' in paragraph (a) of
section 5.5.1.
[[Page 2461]]
0
c. Revise section 5.5.3.2.
0
d. Revise the expression ``GCVC'' in section 5.5.3.3.
The revisions read as follows:
Appendix F to Part 75--Conversion Procedures
* * * * *
3.3.6.2 GCV is the gross calorific value (Btu/lb) of the fuel
combusted determined by ASTM D5865-01a or ASTM D5865-10, ASTM D240-
00 or ASTM D4809-00, and ASTM D3588-98, ASTM D4891-89 (Reapproved
2006), GPA Standard 2172-96, GPA Standard 2261-00, or ASTM D1826-94
(Reapproved 1998), as applicable. (All of these methods are
incorporated by reference under Sec. 75.6.)
* * * * *
5.5.1 (a) * * *
GCVO = Gross calorific value of oil, as measured by
ASTM D240-00, ASTM D5865-01a, ASTM D5865-10, or ASTM D4809-00 for
each oil sample under section 2.2 of appendix D to this part, Btu/
unit mass (all incorporated by reference under Sec. 75.6).
* * * * *
5.5.3.2 All ASTM methods are incorporated by reference under
Sec. 75.6. Use ASTM D2013-01 for preparation of a daily coal sample
and analyze each daily coal sample for gross calorific value using
ASTM D5865-01a or ASTM D5865-10. On-line coal analysis may also be
used if the on-line analytical instrument has been demonstrated to
be equivalent to the applicable ASTM methods under Sec. Sec. 75.23
and 75.66.
5.5.3.3 * * *
GCVC = Gross calorific value of coal sample, as
measured by ASTM D3176-89 (Reapproved 2002), ASTM D5865-01a, or ASTM
D5865-10, Btu/lb (incorporated by reference under Sec. 75.6).
* * * * *
PART 89--[AMENDED]
0
12. The authority citation for part 89 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
13. Revise Sec. 89.6 to read as follows:
Sec. 89.6 Reference materials.
The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is (202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials
are available from the sources listed below.
(a) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at https://www.astm.org.
(1) ASTM D86-97, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, IBR approved for appendix A to
subpart D.
(2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for
appendix A to subpart D.
(3) ASTM D129-95, Standard Test Method for Sulfur in Petroleum
Products (General Bomb Method), IBR approved for appendix A to subpart
D.
(4) ASTM D287-92, Standard Test Method for API Gravity of Crude
Petroleum and Petroleum Products (Hydrometer Method), IBR approved for
appendix A to subpart D.
(5) ASTM D445-09 (Approved July 1, 2009), Standard Test Method for
Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation
of Dynamic Viscosity), IBR approved for appendix A to subpart D.
(6) ASTM D613-95, Standard Test Method for Cetane Number of Diesel
Fuel Oil, IBR approved for appendix A to subpart D.
(7) ASTM D1319-98, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR
approved for appendix A to subpart D.
(8) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR
approved for appendix A to subpart D.
(9) ASTM D5186-96, Standard Test Method for ``Determination of the
Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels By Supercritical Fluid Chromatography, IBR
approved for appendix A to subpart D.
(10) ASTM E29-93a, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications, IBR approved
for Sec. Sec. 89.120, 89.207, 89.509.
(b) California Air Resources Board Test Procedure. The material is
from Title 13, California Code of Regulations, Sections 2420-2427, as
amended by California Air Resources Board Resolution 92-2 and published
in California Air Resources Board mail out 93-42, September 1,
1993. Copies of these materials may be obtained from the California Air
Resources Board, Haagen-Smit Laboratory, 9528 Telstar Ave., El Monte,
CA 91731-2908, or by calling (800) 242-4450.
(1) California Regulations for New 1996 and Later Heavy-Duty Off-
Road Diesel Cycle Engines, IBR approved for Sec. Sec. 89.112, 89.119,
89.508.
(2) [Reserved]
(c) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers International, 400 Commonwealth
Dr., Warrendale, PA 15096-0001, or by calling (877) 606-7323 (United
States and Canada only) or (724) 776-4970 (outside the United States
and Canada only), or at https://www.sae.org.
(1) SAE J244, June 83, Recommended Practice for Measurement of
Intake Air or Exhaust Gas Flow of Diesel Engines, IBR approved for
Sec. 89.416.
(2) SAE J1937, November 89, Recommended Practice for Engine Testing
with Low Temperature Charge Air Cooler Systems in a Dynamometer Test
Cell, IBR approved for Sec. 89.327.
(3) SAE Paper 770141, 1977, Optimization of a Flame Ionization
Detector for Determination of Hydrocarbon in Diluted Automotive
Exhausts, Glenn D. Reschke, IBR approved for Sec. 89.319.
14. In appendix A to subpart D of part 89, Table 4 is amended by
revising the entries ``Flash Point, [deg]C (minimum)'' and ``Viscosity
@ 38 [deg]C, Centistokes'' to read as follows:
Appendix A to Subpart D of Part 89--Tables
* * * * *
[[Page 2462]]
Table 4--Federal Test Fuel Specifications
------------------------------------------------------------------------
Procedure (ASTM)
Item \1\ Value (type 2-D)
------------------------------------------------------------------------
* * * * * * *
Flash Point, [deg]C (minimum) D93-09.......... 54
Viscosity @ 38 [deg]C, D445-09......... 2.0-3.2
centistokes.
------------------------------------------------------------------------
\1\ All ASTM procedures in this table have been incorporated by
reference. See Sec. 89.6.
* * * * *
PART 92--[AMENDED]
0
15. The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
16. Revise Sec. 92.5 to read as follows:
Sec. 92.5 Reference materials.
The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is (202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials
are available from the sources listed below.
(a) ANSI material. Copies of these materials may be obtained from
the American National Standards Institute, 25 West 43rd St., 4th Floor,
New York, NY 10036, or by calling (212) 642-4900, or at https://www.ansi.org.
(1) ANSI B109.1-1992, Diaphragm Type Gas Displacment Meters, IBR
approved for Sec. 92.117.
(2) [Reserved]
(b) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at https://www.astm.org.
(1) ASTM D86-95, Standard Test Method for Distillation of Petroleum
Products, IBR approved for Sec. 92.113.
(2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for
Sec. 92.113.
(3) ASTM D287-92, Standard Test Method for API Gravity of Crude
Petroleum and Petroleum Products (Hydrometer Method), IBR approved for
Sec. 92.113.
(4) ASTM D445-09 (Approved July 1, 2009), Standard Test Method for
Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation
of Dynamic Viscosity), IBR approved for Sec. 92.113.
(5) ASTM D613-95, Standard Test Method for Cetane Number of Diesel
Fuel Oil, IBR approved for Sec. 92.113.
(6) ASTM D976-91, Standard Test Method for Calculated Cetane Index
of Distillate Fuels, IBR approved for Sec. 92.113.
(7) ASTM D1319-95, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR
approved for Sec. 92.113.
(8) ASTM D1945-91, Standard Test Method for Analysis of Natural Gas
by Gas Chromatography, IBR approved for Sec. 92.113.
(9) ASTM D2622-94, Standard Test Method for Sulfur in Petroleum
Products by X-Ray Spectrometry, IBR approved for Sec. 92.113.
(10) ASTM D5186-91, Standard Test Method for Determination of
Aromatic Content of Diesel Fuels by Supercritical Fluid Chromatography,
IBR approved for Sec. 92.113.
(11) ASTM E29-93a, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications, IBR approved
for Sec. Sec. 92.9, 92.305, 92.509.
(c) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers International, 400 Commonwealth
Dr., Warrendale, PA 15096-0001, or by calling (877) 606-7323 (United
States and Canada only) or (724) 776-4970 (outside the United States
and Canada only), or at https://www.sae.org.
(1) SAE Paper 770141, 1977, Optimization of a Flame Ionization
Detector for Determination of Hydrocarbon in Diluted Automotive
Exhausts, Glenn D. Reschke, IBR approved for Sec. 92.119.
(2) SAE Recommended Practice J244, June 83, Measurement of Intake
Air or Exhaust Gas Flow of Diesel Engines, IBR approved for Sec.
92.108.
0
17. In Sec. 92.113, revise the entries ``Flash Point, min., [deg]F and
[deg]C'' and ``Viscosity, centistokes'' in Table B113-1 in paragraph
(a)(1) to read as follows:
Sec. 92.113 Fuel specifications.
(a) * * *
(1) * * *
Table B113-1
------------------------------------------------------------------------
Item ASTM Type 2-D
------------------------------------------------------------------------
* * * * * *
Flash Point, min.,
[deg]F........................ D93-09.............. 130
[deg]C........................ .................... (54.4)
Viscosity, centistokes............ D445-09............. 2.0-3.2
------------------------------------------------------------------------
[[Page 2463]]
* * * * *
PART 94--[AMENDED]
0
18. The authority citation for part 94 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
19. Revise Sec. 94.5 to read as follows:
Sec. 94.5 Reference materials.
The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is (202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
In addition, these materials are available from the sources listed
below.
(a) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at https://www.astm.org.
(1) ASTM D86-01, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, IBR approved for Sec. 94.108.
(2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for
Sec. 94.108.
(3) ASTM D129-00, Standard Test Method for Sulfur in Petroleum
Products (General Bomb Method), IBR approved for Sec. 94.108.
(4) ASTM D287-92 (Reapproved 2000), Standard Test Method for API
Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method),
IBR approved for Sec. 94.108.
(5) ASTM D445-09 (Approved July 1, 2009), Standard Test Method for
Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation
of Dynamic Viscosity), IBR approved for Sec. 94.108.
(6) ASTM D613-01, Standard Test Method for Cetane Number of Diesel
Fuel Oil, IBR approved for Sec. 94.108.
(7) ASTM D1319-02a, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR
approved for Sec. 94.108.
(8) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR
approved for Sec. 94.108.
(9) ASTM D5186-99, Standard Test Method for Determination of the
Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels by Supercritical Fluid Chromatography, IBR
approved for Sec. 94.108.
(10) ASTM E 29-02, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications, IBR approved
for Sec. 94.2.
(b) IMO material. Copies of these materials may be obtained from
the International Maritime Organization, 4 Albert Embankment, London
SE1 7SR, United Kingdom, or by calling +44-(0)020-7735-7611, or at
https://www.imo.org.
(1) Resolution 2--Technical Code on Control of Emission of Nitrogen
Oxides from Marine Diesel Engines, 1997, IBR approved for Sec. Sec.
94.2, 94.11, 94.108, 94.109, 94.204, 94.211, 94.1004.
(2) [Reserved]
(c) ISO material. Copies of these materials may be obtained from
the International Organization for Standardization, 1, ch. de la Voie-
Creuse, CP 56, CH-1211 Geneva 20, Switzerland, or by calling +41-22-
749-01-11, or at https://www.iso.org.
(1) ISO 8178-1, Reciprocating internal combustion engines--Exhaust
emission measurement--Part 1: Test-bed measurement of gaseous and
particulate exhaust emissions, 1996, IBR approved for Sec. 94.109.
(2) [Reserved]
0
20. In Sec. 94.108, revise ``Flash Point, [deg]C'' and ``Viscosity at
38 [deg]C, centistokes'' in Table B-5 in paragraph (a)(1) to read as
follows:
Sec. 94.108 Test fuels.
(a) * * *
(1) * * *
Table B-5--Federal Test Fuel Specifications
------------------------------------------------------------------------
Item Procedure \1\ Value
------------------------------------------------------------------------
* * * * * * *
Flash Point, [deg]C.............. ASTM D93-09...... 54 minimum.
* * * * * * *
Viscosity at 38 [deg]C, ASTM D445-09..... 2.0-3.2.
centistokes.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec. 94.5.
* * * * *
PART 761--[AMENDED]
0
21. The authority citation for part 761 continues to read as follows:
Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.
0
22. Revise Sec. 761.19 to read as follows:
Sec. 761.19 References.
The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
OPPT Docket in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number of the
EPA/DC Public Reading Room is (202) 566-1744, and the telephone number
for the OPPT Docket is (202)
[[Page 2464]]
566-0280. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials
are available from the sources listed below.
(a) ASTM materials. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at https://www.astm.org.
(1) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Tester, IBR approved for
Sec. Sec. 761.71, 761.75.
(2) ASTM D129-64 (Reapproved 1978), Standard Test Method for Sulfur
in Petroleum Products (General Bomb Method), IBR approved for Sec.
761.71.
(3) ASTM D240-87, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuel by Bomb Calorimeter, IBR approved for Sec.
761.71.
(4) ASTM D482-87, Standard Test Method for Ash from Petroleum
Products, IBR approved for Sec. 761.71.
(5) ASTM D524-88, Standard Test Method for Ramsbottom Carbon
Residue of Petroleum Products, IBR approved for Sec. 761.71.
(6) ASTM D808-87, Standard Test Method for Chlorine in New and Used
Petroleum Products (Bomb Method), IBR approved for Sec. 761.71.
(7) ASTM D923-86, Standard Test Method for Sampling Electrical
Insulating Liquids, IBR approved for Sec. 761.60.
(8) ASTM D923-89, Standard Methods of Sampling Electrical
Insulating Liquids, IBR approved for Sec. 761.60.
(9) ASTM D1266-87, Standard Test Method for Sulfur in Petroleum
Products (Lamp Method), IBR approved for Sec. 761.71.
(10) ASTM D1796-83 (Reapproved 1990), Standard Test Method for
Water and Sediment in Fuel Oils by the Centrifuge Method (Laboratory
Procedure), IBR approved for Sec. 761.71.
(11) ASTM D2158-89, Standard Test Method for Residues in Liquified
Petroleum (LP) Gases, IBR approved for Sec. 761.71.
(12) ASTM D2709-88, Standard Test Method for Water and Sediment in
Distillate Fuels by Centrifuge, IBR approved for Sec. 761.71.
(13) ASTM D2784-89, Standard Test Method for Sulfur in Liquified
Petroleum Gases (Oxy-hydrogen Burner or Lamp), IBR approved for Sec.
761.71.
(14) ASTM D3178-84, Standard Test Methods for Carbon and Hydrogen
in the Analysis Sample of Coke and Coal, IBR approved for Sec. 761.71.
(15) ASTM D3278-89, Standard Test Methods for Flash Point of
Liquids by Setaflash Closed-Cup Apparatus, IBR approved for Sec.
761.75.
(16) ASTM E258-67 (Reapproved 1987), Standard Test Method for Total
Nitrogen Inorganic Material by Modified KJELDAHL Method, IBR approved
for Sec. 761.71.
(b) [Reserved]
0
23. In Sec. 761.71, revise paragraph (b)(2)(vi) to read as follows:
Sec. 761.71 High efficiency boilers.
* * * * *
(b) * * *
(2) * * *
(vi) The concentration of PCBs and of any other chlorinated
hydrocarbon in the waste and the results of analyses using the ASTM
International methods as follows: Carbon and hydrogen content using
ASTM D3178-84, nitrogen content using ASTM E258-67 (Reapproved 1987),
sulfur content using ASTM D2784-89, ASTM D1266-87, or ASTM D129-64
(Reapproved 1978), chlorine content using ASTM D808-87, water and
sediment content using either ASTM D2709-88 or ASTM D1796-83
(Reapproved 1990), ash content using ASTM D482-87, calorific value
using ASTM D240-87, carbon residue using either ASTM D2158-89 or ASTM
D524-88, and flash point using ASTM D93-09 (all standards incorporated
by reference in Sec. 761.19).
* * * * *
0
24. In Sec. 761.75, revise paragraph (b)(8)(iii) to read as follows:
Sec. 761.75 Chemical waste landfills.
* * * * *
(b) * * *
(8) * * *
(iii) Ignitable wastes shall not be disposed of in chemical waste
landfills. Liquid ignitable wastes are wastes that have a flash point
less than 60 [deg]C (140[emsp14][deg]F) as determined by the following
method or an equivalent method: Flash point of liquids shall be
determined by a Pensky-Martens Closed Cup Tester, using the protocol
specified in ASTM D93-09, or the Setaflash Closed Tester using the
protocol specified in ASTM D3278-89 (all standards incorporated by
reference in Sec. 761.19).
* * * * *
PART 1065--[AMENDED]
0
25. The authority citation for part 1065 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
26. In Sec. 1065.703, revise the entries ``Flashpoint, min.'' and
``Kinematic Viscosity'' in Table 1 of Sec. 1065.703 to read as
follows:
Sec. 1065.703 Distillate diesel fuel.
* * * * *
Table 1 of Sec. 1065.703--Test Fuel Specifications for Distillate Diesel Fuel
----------------------------------------------------------------------------------------------------------------
Ultra low High Reference
Item Units sulfur Low sulfur sulfur procedure \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Flash Point, min................ [deg]C............. 54 54 54 ASTM D93-09
Kinematic Viscosity............. cSt................ 2.0-3.2 2.0-3.2 2.0-3.2 ASTM D445-09
----------------------------------------------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec. 1065.1010. See Sec. 1065.701(d) for other allowed
procedures.
0
27. Revise Sec. 1065.1010 to read as follows:
Sec. 1065.1010 Reference materials.
The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301
[[Page 2465]]
Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the EPA/DC Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742. These approved materials are also available
for inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call (202) 741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these
materials are available from the sources listed below.
(a) ASTM materials. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at https://www.astm.org.
(1) ASTM D86-07a, Standard Test Method for Distillation of
Petroleum Products at Atmospheric Pressure, IBR approved for Sec. Sec.
1065.703, 1065.710.
(2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for
Sec. 1065.703.
(3) ASTM D445-09 (Approved July 1, 2009), Standard Test Method for
Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation
of Dynamic Viscosity), IBR approved for Sec. 1065.703.
(4) ASTM D613-05, Standard Test Method for Cetane Number of Diesel
Fuel Oil, IBR approved for Sec. 1065.703.
(5) ASTM D910-07, Standard Specification for Aviation Gasolines,
IBR approved for Sec. 1065.701.
(6) ASTM D975-07b, Standard Specification for Diesel Fuel Oils, IBR
approved for Sec. 1065.701.
(7) ASTM D1267-02 (Reapproved 2007), Standard Test Method for Gage
Vapor Pressure of Liquefied Petroleum (LP) Gases (LP-Gas Method), IBR
approved for Sec. 1065.720.
(8) ASTM D1319-03, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR
approved for Sec. 1065.710.
(9) ASTM D1655-07e01, Standard Specification for Aviation Turbine
Fuels, IBR approved for Sec. 1065.701.
(10) ASTM D1837-02a (Reapproved 2007), Standard Test Method for
Volatility of Liquefied Petroleum (LP) Gases, IBR approved for Sec.
1065.720.
(11) ASTM D1838-07, Standard Test Method for Copper Strip Corrosion
by Liquefied Petroleum (LP) Gases, IBR approved for Sec. 1065.720.
(12) ASTM D1945-03, Standard Test Method for Analysis of Natural
Gas by Gas Chromatography, IBR approved for Sec. 1065.715.
(13) ASTM D2158-05, Standard Test Method for Residues in Liquefied
Petroleum (LP) Gases, IBR approved for Sec. 1065.720.
(14) ASTM D2163-05, Standard Test Method for Analysis of Liquefied
Petroleum (LP) Gases and Propene Concentrates by Gas Chromatography,
IBR approved for Sec. 1065.720.
(15) ASTM D2598-02 (Reapproved 2007), Standard Practice for
Calculation of Certain Physical Properties of Liquefied Petroleum (LP)
Gases from Compositional Analysis, IBR approved for Sec. 1065.720.
(16) ASTM D2622-07, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR
approved for Sec. Sec. 1065.703, 1065.710.
(17) ASTM D2713-91 (Reapproved 2001), Standard Test Method for
Dryness of Propane (Valve Freeze Method), IBR approved for Sec.
1065.720.
(18) ASTM D2784-06, Standard Test Method for Sulfur in Liquefied
Petroleum Gases (Oxy-Hydrogen Burner or Lamp), IBR approved for Sec.
1065.720.
(19) ASTM D2880-03, Standard Specification for Gas Turbi
