Revisions To Test Methods and Testing Regulations; Technical Amendment, 18452-18453 [2014-07238]

Download as PDF 18452 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations Latitude Point A .................. Point L .................. Longitude ENVIRONMENTAL PROTECTION AGENCY 33°10′10″ 33°13′50″ 119°24′20″ 119°21′50″ 40 CFR Part 51 (b) The regulations. (1) Except during closure periods or as otherwise provided in this section, the restricted area will be open to all vessels. (2) Boats must remain at least 300 yards from the shoreline of San Nicolas Island at all times. Nothing in this provision shall be construed as authorization to anchor within 300 yards or to land on San Nicolas Island, except in an emergency. (3) No person, vessel or other craft shall enter the restricted area or designated section(s) during closure periods unless authorized to do so by the Commanding Officer, Naval Base Ventura County or the Officer in Charge, San Nicolas Island. (4) Submarine cables within the restricted area post a risk to the equipment of vessels engaged in dredging, dragging, seining, anchoring and other bottom contact operations. Appropriate care must be taken to avoid damage. (5) Closure Periods. Notice that the restricted area or section(s) ALPHA, BRAVO, or CHARLIE are closed to entry shall be given by radio broadcast Monday through Friday at 0900 and 1200 on 2638 kHz and 2738 kHz or by contacting ‘‘PLEAD CONTROL’’ on VHF–FM radio channel 11 or 16. Closure information may also be requested by telephone between 0600 and 1800 Monday through Friday at (805) 989–8841 or via recorded message at (805) 989–1470. (6) The regulations in this section shall be enforced by personnel attached to Naval Base Ventura County, Point Mugu, Calif., and by such agencies as may be designated by the Commandant, 11th Naval District, San Diego, Calif. Dated: March 27, 2014. James R. Hannon, Chief, Operations and Regulatory, Directorate of Civil Works. [FR Doc. 2014–07359 Filed 4–1–14; 8:45 am] ehiers on DSK2VPTVN1PROD with RULES BILLING CODE 3720–58–P VerDate Mar<15>2010 14:28 Apr 01, 2014 Jkt 232001 [EPA–HQ–OAR–2010–0114; FRL–9908–99– OAR] RIN 2060–AQ01 Revisions To Test Methods and Testing Regulations; Technical Amendment Environmental Protection Agency (EPA). ACTION: Final rule; technical amendment. AGENCY: The Environmental Protection Agency (EPA) published a final rule in the Federal Register on February 27, 2014, that made technical and editorial corrections for source testing of emissions and operations. The revisions will improve data quality and provide additional flexibility by allowing the use of newly approved alternative procedures. The purpose of this action is to correct an omission to Method 202. DATES: This technical amendment is effective on April 2, 2014. FOR FURTHER INFORMATION CONTACT: Ms. Lula H. Melton, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Measurement Technology Group (E143–02), Research Triangle Park, North Carolina 27711; telephone number: (919) 541–2910; fax number: (919) 541–0516; email address: melton.lula@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Summary of Amendment This action corrects a publication error for Method 202. Two paragraphs, namely 11.2.1.1 and 11.2.1.2, were inadvertently omitted from Method 202 in the promulgated rule. This action inserts paragraphs 11.2.1.1 and 11.2.1.2 and adds a transition statement in paragraph 11.2.1 that indicates if the sample was collected by Method 202, extract the CPM filter as indicated in paragraphs 11.2.1.1 and 11.2.1.2. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this technical amendment final without prior proposal and opportunity for public comment because only simple publication errors PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 are being corrected that do not substantially change the agency actions taken in the final rule. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). (See also the final sentence of section 307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), indicating that the good cause provisions in subsection 553(b) of the APA continue to apply to this type of rulemaking under section 307(d) of the CAA.) II. Statutory and Executive Order Reviews Under Executive Order 12866, Regulatory Planning and Review, and Executive Order 13563, Improving Regulation and Regulatory Review (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and is, therefore, not subject to review by the Office of Management and Budget. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). The technical amendment does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Because the EPA has made a ‘‘good cause’’ finding that this action is not subject to notice and comment requirements under the APA or any other statute (see Section I), it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) [Pub. L. 104–4]. In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of the UMRA. This action also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13175, Consultation and Coordination With Indian Tribal Governments (65 FR 67249, November 9, 2000). This amendment also is not subject to Executive Order 13045, Protection of Children From Environmental Health and Safety Risks (62 FR 19885, April 23, 1997) because it is not economically significant. This technical amendment does not involve changes to the technical standards related to test methods or monitoring requirements; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. This technical amendment does not involve special consideration of E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations environmental justice-related issues as required by Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994). The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally provides that before a rule may take effect, the agency determination promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary, or contrary to the public interest. This determination must be supported by a brief statement, 5 U.S.C. 808(2). As stated previously, the EPA has made such a good cause finding, including the reasons, and therefore established an effective date of April 2, 2014. The EPA will submit a report containing this final action 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 this action in the Federal Register. This action is not a ‘‘major’’ rule as defined by 5 U.S.C. 804(2). This action will be effective April 2, 2014. This technical amendment does not have substantial direct effects on the states, or 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, Federalism (64 FR 43255, August 10, 1999). This technical amendment is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001) because this action is not a significant regulatory action under Executive Order 12866. ehiers on DSK2VPTVN1PROD with RULES List of Subjects in 40 CFR Parts 51 Air pollution control, Environmental protection, Performance specifications, and Test methods and procedures. Dated: March 24, 2014. Janet G. McCabe, Acting Assistant Administrator. VerDate Mar<15>2010 14:28 Apr 01, 2014 of Federal Regulations is amended as follows: ENVIRONMENTAL PROTECTION AGENCY PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS 40 CFR Part 52 1. The authority citation for part 51 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. 2. Amend appendix M to part 51 under 11.0 Analytical Procedures by revising paragraph 11.2.1 and adding paragraphs 11.2.1.1 and 11.2.1.2 to read as follows: ■ Appendix M to Part 51—Recommended Test Methods for State Implementation Plans * * * * * 11.2.1 Container #3, CPM Filter Sample. If the sample was collected by Method 17 or Method 201A with a stack temperature below 30 °C (85 °F), transfer the filter and any loose PM from the sample container to a tared glass weighing dish. (See Section 3.0 for a definition of constant weight.) Desiccate the sample for 24 hours in a desiccator containing anhydrous calcium sulfate. Weigh to a constant weight and report the results to the nearest 0.1 mg. [Note: In-stack filter samples collected at 30 °C (85 °F) may include both filterable insoluble particulate and condensable particulate. The nozzle and front half wash and filter collected at or below 30 °C (85 °F) may not be heated and must be maintained at or below 30 °C (85 °F).] If the sample was collected by Method 202, extract the CPM filter as follows: 11.2.1.1 Extract the water soluble (aqueous or inorganic) CPM from the CPM filter by folding the filter in quarters and placing it into a 50-ml extraction tube. Add sufficient deionized, ultra-filtered water to cover the filter (e.g., 10 ml of water). Place the extractor tube into a sonication bath and extract the water-soluble material for a minimum of two minutes. Combine the aqueous extract with the contents of Container #1. Repeat this extraction step twice for a total of three extractions. 11.2.1.2 Extract the organic soluble CPM from the CPM filter by adding sufficient hexane to cover the filter (e.g., 10 ml of hexane). Place the extractor tube into a sonication bath and extract the organic soluble material for a minimum of two minutes. Combine the organic extract with the contents of Container #2. Repeat this extraction step twice for a total of three extractions. * * * * * [FR Doc. 2014–07238 Filed 4–1–14; 8:45 am] For the reasons stated in the preamble, title 40, chapter I of the Code Jkt 232001 18453 BILLING CODE 6560–50–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 [EPA–R04–OAR–2012–0285; FRL–9909–01– Region–4] Approval and Promulgation of Implementation Plans; Tennessee; Conflict of Interest Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing two actions pertaining to the Clean Air Act (CAA or Act) State Implementation Plan (SIP) requirements for the State of Tennessee. First, EPA is approving the SIP revision submitted by Tennessee, through the Tennessee Department of Environment and Conservation (TDEC) on October 9, 2013, as meeting the applicable requirements of the Act. This SIP revision addresses Tennessee’s outstanding obligations related to the CAA State board and conflict of interest requirements. Second, EPA is fully approving the infrastructure SIP subelement related to the State board and conflict of interest requirements for the 2008 Lead National Ambient Air Quality Standards (NAAQS), 1997 Annual Fine Particulate Matter (PM2.5) NAAQS, 2006 24-hour PM2.5 NAAQS and 1997 8-hour ozone NAAQS. EPA notes that all other applicable Tennessee infrastructure SIP elements for the 2008 Lead, 1997 annual PM2.5, 2006 24-hour PM2.5, and 1997 8-hour ozone NAAQS have been addressed in separate rulemakings. DATES: This rule is effective on May 2, 2014. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2012–0285. All documents in the docket are listed on the www.regulations.gov Web site. 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 available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA SUMMARY: E:\FR\FM\02APR1.SGM 02APR1

Agencies

[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Rules and Regulations]
[Pages 18452-18453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07238]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2010-0114; FRL-9908-99-OAR]
RIN 2060-AQ01


Revisions To Test Methods and Testing Regulations; Technical 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) published a final 
rule in the Federal Register on February 27, 2014, that made technical 
and editorial corrections for source testing of emissions and 
operations. The revisions will improve data quality and provide 
additional flexibility by allowing the use of newly approved 
alternative procedures. The purpose of this action is to correct an 
omission to Method 202.

DATES: This technical amendment is effective on April 2, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Lula H. Melton, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Air 
Quality Assessment Division, Measurement Technology Group (E143-02), 
Research Triangle Park, North Carolina 27711; telephone number: (919) 
541-2910; fax number: (919) 541-0516; email address: 
melton.lula@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Summary of Amendment

    This action corrects a publication error for Method 202. Two 
paragraphs, namely 11.2.1.1 and 11.2.1.2, were inadvertently omitted 
from Method 202 in the promulgated rule. This action inserts paragraphs 
11.2.1.1 and 11.2.1.2 and adds a transition statement in paragraph 
11.2.1 that indicates if the sample was collected by Method 202, 
extract the CPM filter as indicated in paragraphs 11.2.1.1 and 
11.2.1.2.
    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this technical amendment final without 
prior proposal and opportunity for public comment because only simple 
publication errors are being corrected that do not substantially change 
the agency actions taken in the final rule. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(3)(B). (See also the final sentence of section 
307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), indicating 
that the good cause provisions in subsection 553(b) of the APA continue 
to apply to this type of rulemaking under section 307(d) of the CAA.)

II. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review, and 
Executive Order 13563, Improving Regulation and Regulatory Review (58 
FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and is, therefore, not subject to review by the 
Office of Management and Budget. This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2). The technical amendment does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Because the EPA has made a ``good cause'' finding that this action 
is not subject to notice and comment requirements under the APA or any 
other statute (see Section I), it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act [5 U.S.C. 601 
et seq.], or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) [Pub. L. 104-4]. In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of the UMRA.
    This action also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13175, Consultation and Coordination With Indian Tribal Governments (65 
FR 67249, November 9, 2000). This amendment also is not subject to 
Executive Order 13045, Protection of Children From Environmental Health 
and Safety Risks (62 FR 19885, April 23, 1997) because it is not 
economically significant.
    This technical amendment does not involve changes to the technical 
standards related to test methods or monitoring requirements; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272) do not apply.
    This technical amendment does not involve special consideration of

[[Page 18453]]

environmental justice-related issues as required by Executive Order 
12898, Federal Actions To Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), generally provides that before a rule may take effect, the 
agency determination promulgating the rule must submit a rule report, 
which includes a copy of the rule, to each House of the Congress and to 
the Comptroller General of the United States. Section 808 allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by the CRA if the agency makes a good cause finding that notice and 
public procedure is impracticable, unnecessary, or contrary to the 
public interest. This determination must be supported by a brief 
statement, 5 U.S.C. 808(2). As stated previously, the EPA has made such 
a good cause finding, including the reasons, and therefore established 
an effective date of April 2, 2014. The EPA will submit a report 
containing this final action 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 this action in the Federal 
Register. This action is not a ``major'' rule as defined by 5 U.S.C. 
804(2). This action will be effective April 2, 2014.
    This technical amendment does not have substantial direct effects 
on the states, or 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, Federalism (64 FR 43255, August 10, 1999).
    This technical amendment is not subject to Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because this action is 
not a significant regulatory action under Executive Order 12866.

List of Subjects in 40 CFR Parts 51

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

    Dated: March 24, 2014.
Janet G. McCabe,
Acting Assistant Administrator.

    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
2. Amend appendix M to part 51 under 11.0 Analytical Procedures by 
revising paragraph 11.2.1 and adding paragraphs 11.2.1.1 and 11.2.1.2 
to read as follows:

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

* * * * *
    11.2.1 Container 3, CPM Filter Sample. If the sample 
was collected by Method 17 or Method 201A with a stack temperature 
below 30 [deg]C (85[emsp14][deg]F), transfer the filter and any 
loose PM from the sample container to a tared glass weighing dish. 
(See Section 3.0 for a definition of constant weight.) Desiccate the 
sample for 24 hours in a desiccator containing anhydrous calcium 
sulfate. Weigh to a constant weight and report the results to the 
nearest 0.1 mg. [Note: In-stack filter samples collected at 30 
[deg]C (85[emsp14][deg]F) may include both filterable insoluble 
particulate and condensable particulate. The nozzle and front half 
wash and filter collected at or below 30 [deg]C (85[emsp14][deg]F) 
may not be heated and must be maintained at or below 30 [deg]C 
(85[emsp14][deg]F).] If the sample was collected by Method 202, 
extract the CPM filter as follows:
    11.2.1.1 Extract the water soluble (aqueous or inorganic) CPM 
from the CPM filter by folding the filter in quarters and placing it 
into a 50-ml extraction tube. Add sufficient deionized, ultra-
filtered water to cover the filter (e.g., 10 ml of water). Place the 
extractor tube into a sonication bath and extract the water-soluble 
material for a minimum of two minutes. Combine the aqueous extract 
with the contents of Container 1. Repeat this extraction 
step twice for a total of three extractions.
    11.2.1.2 Extract the organic soluble CPM from the CPM filter by 
adding sufficient hexane to cover the filter (e.g., 10 ml of 
hexane). Place the extractor tube into a sonication bath and extract 
the organic soluble material for a minimum of two minutes. Combine 
the organic extract with the contents of Container 2. 
Repeat this extraction step twice for a total of three extractions.
* * * * *
[FR Doc. 2014-07238 Filed 4-1-14; 8:45 am]
BILLING CODE 6560-50-P