Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources, 8209-8211 [2012-3378]
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Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Proposed Rules
8209
TABLE 1—CLASSIFICATION FOR 2008 8-HOUR OZONE NAAQS (0.075 PPM) FOR AREAS SUBJECT TO SECTION
51.1102(A)—Continued
8-Hour design value
(ppm ozone)
Area class
Moderate ...........................................................
Serious ..............................................................
Severe-15 .........................................................
Severe-17 .........................................................
Extreme .............................................................
up to * ...............................................................
from ..................................................................
up to * ...............................................................
from ..................................................................
up to * ...............................................................
from ..................................................................
up to * ...............................................................
from ..................................................................
up to * ...............................................................
equal to or above .............................................
Primary standard attainment date
(years after designation for 2008 primary
NAAQS) **
0.086
0.086
0.100
0.100
0.113
0.113
0.119
0.119
0.175
0.175
6
9
15
17
20
* But not including.
** The attainment date is [Option 1: The date that is the specified number of years after the effective date of designations for the primary
NAAQS. Option 2: December 31 of the calendar year].
AGENCY:
specified in federally enforceable
regulations. This action is necessary
because we do not currently have QA/
QC procedures for COMS. This action
would require COMS used to
demonstrate continuous compliance to
meet these procedures (referred to as
Procedure 3).
DATES: Written comments must be
received by March 15, 2012. If the EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2010–0873 by mail to U.S.
Environmental Protection Agency, Mail
Code: 2822T, 1200 Pennsylvania Ave.
NW., Washington, DC 20460. Please
include a total of two copies. Comments
may also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
rule located in the rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT: Ms.
Lula H. Melton, U.S. EPA, Office of Air
Quality Planning and Standards, Air
Quality Assessment Division,
Measurement Technology Group (Mail
Code: E143–02), Research Triangle Park,
NC 27711; telephone number: (919)
541–2910; fax number: (919) 541–0516;
email address: melton.lula@epa.gov.
SUPPLEMENTARY INFORMATION:
The EPA is proposing to
establish quality assurance and quality
control (QA/QC) procedures for
continuous opacity monitoring systems
(COMS) used to demonstrate continuous
compliance with opacity standards as
I. Why is the EPA issuing this proposed
rule?
This document proposes to add QA/
QC procedures for COMS used to
demonstrate continuous compliance
with opacity standards as specified in
federally enforceable regulations. The
quality assurance requirements will be
(b) A state may request, and the
Administrator must approve, a higher
classification for any reason in
accordance with CAA section 181(b)(3).
(c) A state may request, and the
Administrator may in the
Administrator’s discretion approve, a
higher or lower classification in
accordance with CAA section 181(a)(4).
(d) Any area designated
nonattainment that includes in whole or
in part the following areas will be
classified by operation of law for the
2008 ozone NAAQS in accordance with
the voluntary classification request
submitted and approved for each area
for the 1997 ozone NAAQS: (For
reference: Ventura Co, CA; Los AngelesSouth Coast, CA; San Joaquin Valley,
CA; Riverside County, CA; and
Sacramento Metro, CA.)
[FR Doc. 2012–3284 Filed 2–13–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2010–0873; FRL–9630–8]
RIN 2060–AH23
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Quality Assurance Requirements for
Continuous Opacity Monitoring
Systems at Stationary Sources
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY:
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added as Procedure 3 to Appendix F of
40 CFR part 60. We have published a
direct final rule adding QA/QC
procedures for COMS used for
compliance determination with opacity
standards in federally enforceable
standards to the quality assurance
requirements in Appendix F of 40 CFR
Part 60 in the ‘‘Rules and Regulations’’
section of this Federal Register because
we view this as a noncontroversial
action and anticipate no adverse
comment. We have explained our
reasons for this action in the preamble
to the direct final rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will withdraw the direct
final rule, and it will not take effect. We
would address all public comments in
any subsequent final rule based on this
proposed rule.
We do not intend to institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the information
provided in the ADDRESSES section of
this document.
II. Does this action apply to me?
Procedure 3 applies to a COMS used
to demonstrate continuous compliance
with opacity standards as specified in
federally enforceable regulations.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
E:\FR\FM\14FEP1.SGM
14FEP1
8210
Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Proposed Rules
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
mstockstill on DSK4VPTVN1PROD with PROPOSALS
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b). These
quality assurance procedures do not add
information collection requirements
beyond those currently required under
the applicable regulations.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of accessing the impacts
of this rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this rule on small entities, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This proposed rule will not impose any
requirements on small entities. This
action establishes QA/QC procedures
for COMS used to demonstrate
continuous compliance with opacity
standards as specified in federally
enforceable regulations and does not
impose additional regulatory
requirements on sources. We continue
to be interested in the potential impacts
of the proposed rule on small entities
and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act
This rule does not contain a federal
mandate that may result in expenditures
of $100 million or more for State, local,
and tribal governments, in the aggregate,
or the private sector in any one year.
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16:41 Feb 13, 2012
Jkt 226001
Rules establishing quality assurance
requirements impose no costs
independent from national emission
standards which require their use, and
such costs are fully reflected in the
regulatory impact assessment for those
emission standards. Thus, this rule is
not subject to the requirements of
sections 202 or 205 of UMRA.
This rule is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
action simply establishes QA/QC
procedures for COMS used to
demonstrate continuous compliance
with opacity standards as specified in
federally enforceable regulations.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This action
establishes QA/QC procedures for
COMS used to demonstrate continuous
compliance with opacity standards as
specified in federally enforceable
regulations. Thus, Executive Order
13132 does not apply to this action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This action establishes QA/QC
procedures for COMS used to
demonstrate continuous compliance
with opacity standards as specified in
federally enforceable regulations. It does
not add any emission limits and does
not affect pollutant emissions or air
quality. Thus, Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the EO has the potential to influence the
regulation. This action is not subject to
EO 13045 because it does not establish
an environmental standard intended to
mitigate health or safety risks.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs the
EPA to provide Congress, through OMB,
explanations when the agency decides
not to use available and applicable
voluntary consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
the EPA is not considering the use of
any voluntary consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This rule does not
relax the control measures on sources
regulated by the rule and, therefore, will
not cause emissions increases from
these sources.
E:\FR\FM\14FEP1.SGM
14FEP1
Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Proposed Rules
Quality Assurance Requirements for
Continuous Opacity Monitoring
Systems at Stationary Sources
List of Subjects in 40 CFR Part 60
Air pollution control, Environmental
protection, Continuous opacity
monitoring.
Dated: February 6, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012–3378 Filed 2–13–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2008–0476; FRL–9630–9]
EPA’s Revised Responses to
Designation Recommendations From
Illinois, Indiana, and Wisconsin for the
2008 Ozone Standards: Notice of
Availability and Public Comment
Period
Environmental Protection
Agency (EPA).
ACTION: Notice of availability and
reopening of public comment period.
AGENCY:
The EPA is reopening the
public comment period on the EPA’s
responses to state and tribal designation
recommendations for the 2008 Ozone
National Ambient Air Quality Standards
for the limited purpose of inviting
comment on the EPA’s revised
responses to the ozone designation
recommendations from the states of
Illinois, Indiana and Wisconsin. The
EPA sent the revised responses to these
states on January 31, 2012. The revised
responses are available in the docket
and on the EPA’s ozone designations
Web site identified below.
DATES: Comments must be received on
or before March 15, 2012. Please refer to
SUPPLEMENTARY INFORMATION for
additional information on the comment
period.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–OAR–
HQ–2008–0476, by one of the following
methods:
• https://www.regulations.gov. Follow
the online instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
Attention Docket ID No. EPA–HQ–OAR–
2008–0476.
• Fax: 202–566–9744. Attention
Docket ID No. EPA–HQ–OAR–2008–
0476.
• Mail: Air Docket, Attention Docket
ID No. EPA–HQ–OAR–2008–0476,
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SUMMARY:
VerDate Mar<15>2010
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Environmental Protection Agency, Mail
Code: 6102T, 1200 Pennsylvania Ave.
NW., Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
1301 Constitution Avenue NW., Room
3334, Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0476. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be confidential business
information or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be confidential business
information or otherwise protected
through www.regulations.gov or email.
The www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA is unable to read
your comment and cannot contact you
for clarification due to technical
difficulties, the EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters, any form of encryption, and
be free of any defects or viruses. For
additional information about the EPA’s
public docket, visit the EPA Docket
Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., confidential business
information 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
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8211
available only in hard copy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Avenue
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: For
general questions concerning this
action, please contact Carla Oldham,
U.S. EPA, Office of Air Quality Planning
and Standards, Air Quality Planning
Division, C539–04, Research Triangle
Park, NC 27711, telephone (919) 541–
3347, email at oldham.carla@epa.gov.
For questions about areas in the EPA
Region 5, please contact Edward Doty,
U.S. EPA, telephone (312) 886–6057,
email at doty.edward@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 9, 2011, the EPA
responded by letter to all states and
tribes regarding their designation
recommendations for the 2008 ozone
standards and posted the responses on
the EPA’s Internet Web site at https://
www.epa.gov/ozonedesignations. The
EPA provided a public comment period
on those responses which ended on
February 3, 2012. On January 31, 2012,
the EPA sent revised responses to
Illinois, Indiana, and Wisconsin after
considering quality-assured air quality
monitoring data for 2011 submitted by
Illinois on December 7, 2011. Because
that air quality information was
submitted shortly before the EPA issued
its December 9, 2011, responses, the
EPA did not have time to consider the
information in those initial responses.
The EPA has posted the revised
responses to Illinois, Indiana, and
Wisconsin on the EPA’s ozone
designations Web site and is reopening
the public comment period for the
limited purpose of inviting public
comments on the revised responses to
Illinois, Indiana, and Wisconsin during
the comment period specified in the
DATES section. The EPA intends to make
final designation determinations for the
2008 ozone standards in spring 2012.
II. General Information
A. What should I consider as I prepare
my comments for the EPA?
1. Submitting Confidential Business
Information. Do not submit this
information to the EPA through
E:\FR\FM\14FEP1.SGM
14FEP1
]]>Agencies
[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Proposed Rules]
[Pages 8209-8211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3378]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2010-0873; FRL-9630-8]
RIN 2060-AH23
Quality Assurance Requirements for Continuous Opacity Monitoring
Systems at Stationary Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to establish quality assurance and
quality control (QA/QC) procedures for continuous opacity monitoring
systems (COMS) used to demonstrate continuous compliance with opacity
standards as specified in federally enforceable regulations. This
action is necessary because we do not currently have QA/QC procedures
for COMS. This action would require COMS used to demonstrate continuous
compliance to meet these procedures (referred to as Procedure 3).
DATES: Written comments must be received by March 15, 2012. If the EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0873 by mail to U.S. Environmental Protection Agency, Mail
Code: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Please
include a total of two copies. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the ADDRESSES section of the direct final rule
located in the rules section of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Ms. Lula H. Melton, U.S. EPA, Office
of Air Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (Mail Code: E143-02), Research Triangle
Park, NC 27711; telephone number: (919) 541-2910; fax number: (919)
541-0516; email address: melton.lula@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA issuing this proposed rule?
This document proposes to add QA/QC procedures for COMS used to
demonstrate continuous compliance with opacity standards as specified
in federally enforceable regulations. The quality assurance
requirements will be added as Procedure 3 to Appendix F of 40 CFR part
60. We have published a direct final rule adding QA/QC procedures for
COMS used for compliance determination with opacity standards in
federally enforceable standards to the quality assurance requirements
in Appendix F of 40 CFR Part 60 in the ``Rules and Regulations''
section of this Federal Register because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule, and it will not take effect. We would address
all public comments in any subsequent final rule based on this proposed
rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Does this action apply to me?
Procedure 3 applies to a COMS used to demonstrate continuous
compliance with opacity standards as specified in federally enforceable
regulations.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735,
[[Page 8210]]
October 4, 1993) and is therefore not subject to review under Executive
Orders 12866 and 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). These quality assurance
procedures do not add information collection requirements beyond those
currently required under the applicable regulations.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of accessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities. This
action establishes QA/QC procedures for COMS used to demonstrate
continuous compliance with opacity standards as specified in federally
enforceable regulations and does not impose additional regulatory
requirements on sources. We continue to be interested in the potential
impacts of the proposed rule on small entities and welcome comments on
issues related to such impacts.
D. Unfunded Mandates Reform Act
This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
Rules establishing quality assurance requirements impose no costs
independent from national emission standards which require their use,
and such costs are fully reflected in the regulatory impact assessment
for those emission standards. Thus, this rule is not subject to the
requirements of sections 202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action simply
establishes QA/QC procedures for COMS used to demonstrate continuous
compliance with opacity standards as specified in federally enforceable
regulations.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action establishes QA/QC
procedures for COMS used to demonstrate continuous compliance with
opacity standards as specified in federally enforceable regulations.
Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
establishes QA/QC procedures for COMS used to demonstrate continuous
compliance with opacity standards as specified in federally enforceable
regulations. It does not add any emission limits and does not affect
pollutant emissions or air quality. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule does not relax the control measures on sources
regulated by the rule and, therefore, will not cause emissions
increases from these sources.
[[Page 8211]]
Quality Assurance Requirements for Continuous Opacity Monitoring
Systems at Stationary Sources
List of Subjects in 40 CFR Part 60
Air pollution control, Environmental protection, Continuous opacity
monitoring.
Dated: February 6, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-3378 Filed 2-13-12; 8:45 am]
BILLING CODE 6560-50-P
