Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources, 28439-28444 [2014-11226]
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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations
Table of Contents
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2010–0873; FRL–9909–98–
OAR]
RIN 2060–AH23
Quality Assurance Requirements for
Continuous Opacity Monitoring
Systems at Stationary Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action promulgates
quality assurance and quality control
(QA/QC) procedures (referred to as
Procedure 3) for continuous opacity
monitoring systems (COMS) used to
demonstrate continuous compliance
with opacity standards specified in new
source performance standards (NSPS)
issued by the EPA pursuant to section
111(b) of the Clean Air Act (CAA),
Standards of Performance for New
Stationary Sources.
DATES: This final rule is effective on
November 12, 2014.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2010–0873. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., 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 at
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, William J.
Clinton West Building, Room 3334,
1301 Constitution Ave. NW.,
Washington, DC. The Docket Facility
and Public Reading Room are open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Air Docket is
(202) 566–1742, and the telephone
number for the Public Reading Room is
(202) 566–1744.
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:
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SUMMARY:
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I. General Information
A. Does this action apply to me?
B. Where can I obtain a copy of this action?
C. Judicial Review
II. Background
III. Summary of Procedure 3
IV. Public Comments on Proposed Procedure
3
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
Procedure 3 applies to COMS used to
demonstrate continuous compliance
with opacity standards specified in
NSPS promulgated by the EPA pursuant
to section 111(b) of the CAA, 42 U.S.C.
7411(b).
B. Where can I obtain a copy of this
action?
In addition to being available in the
docket, an electronic copy of this rule
will also be available on the Worldwide
Web (www) through the Technology
Transfer Network (TTN). Following the
Administrator’s signature, a copy of the
final rule will be placed on the TTN’s
policy and guidance page for newly
proposed or promulgated rules at https://
www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control. A redline strikeout
document that compares this final rule
to the proposed rule has also been
added to the docket.
C. Judicial Review
Under section 307(b)(1) of the CAA,
judicial review of this final rule is
available by filing a petition for review
in the United States Court of Appeals
for the District of Columbia Circuit by
July 15, 2014. Under section
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28439
307(d)(7)(B) of the CAA, only an
objection to this final rule that was
raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
Moreover, under section 307(b)(2) of the
CAA, the requirements that are the
subject of this final rule may not be
challenged later in civil or criminal
proceedings brought by the EPA to
enforce these requirements.
II. Background
Procedure 3 results in national
consistency in the application of QA/QC
procedures by applicable sources using
COMS. We published a direct final rule
and a parallel proposed rule for
Procedure 3 in the Federal Register on
February 14, 2012. The public comment
period was originally scheduled to end
on March 15, 2012, but was extended to
April 30, 2012, at the request of several
commenters. On March 28, 2012, the
EPA withdrew the direct final rule
based on the receipt of adverse
comments on the parallel proposed rule.
III. Summary of Procedure 3
This final rule codifies Procedure 3 in
40 CFR part 60, Appendix F. Procedure
3 establishes requirements for daily
instrument zero and upscale drift
checks, daily status indicator checks,
quarterly performance audits, and
annual zero alignments, and requires
source owners and operators to have a
corrective action in place for
malfunctioning COMS. In addition,
Performance Specification 1 (which is
the initial certification for COMS)
provides requirements for the design,
performance, and installation of a
COMS and data computation
procedures for evaluating the
acceptability of a COMS. The
requirements in Procedure 3 are
modeled after manufacturers’
maintenance recommendations. As a
result, the EPA believes that most, if not
all, owners/operators are already
following procedures similar to those
specified in Procedure 3. Therefore,
there are no additional costs, or
reporting burden, associated with
implementing Procedure 3.
IV. Public Comments on Proposed
Procedure 3
The EPA received 27 comments from
state agencies, industry, and non-profit
organizations. Nine commenters noted
support for Procedure 3. Several
commenters requested clarity with
regard to applicability, so the
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applicability statement is revised to
indicate that Procedure 3 applies to
COMS used to demonstrate continuous
compliance with opacity standards in
NSPS’s only. More than half of the
commenters stated that the 60-day
compliance deadline is not enough time
in cases where training is necessary or
QA/QC plans need to be developed. In
response, the EPA has extended the
deadline to 180 days. Several
commenters asked that we clarify the
temporal definitions for the daily,
quarterly, and annual audits because
some units do not operate 24 hours a
day, 7 days a week. In response, the
temporal definitions are revised. Several
commenters noted that a fault status
indicator does not necessarily mean that
data are invalid. The EPA agrees that a
status indicator is a warning that
opacity readings are nearing the limit
and that the data are not necessarily
invalid, so language that indicated the
data would be considered invalid has
been removed. Several commenters
requested that we delete the
requirement to remove the COMS to
conduct zero alignment audits claiming
that removing the COMS from the stack
exposes it to potential damage and
presents a safety hazard. However, the
EPA believes that the zero alignment
audit needs to be done off-stack
annually unless a source owner or
operator chooses the alternative that
allows the installation of an external
zero device that allows COMS removal
from the stack every three years. Also,
based on conversations with
manufacturers, the EPA believes that the
risks for damage when removing the
COMS from the stack are minimal.
Therefore, the requirement to remove
the COMS to conduct zero alignment
audits is finalized as proposed.
Individual comments, as well as the
EPA’s summary and response to the
public comments, are available for
public viewing in the docket under
Docket ID No. EPA–HQ–OAR–2010–
0873.
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 action is not a ‘‘significant
regulatory action’’ under the terms of
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).
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B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b). The
requirements in applicable regulations
are broad enough to include the
information collection requirements
specified in Procedure 3. In addition,
the requirements in Procedure 3 are
modeled after manufacturers’
maintenance recommendations. As a
result, the EPA believes that most, if not
all, owners/operators are already
following procedures similar to those
specified in Procedure 3. Therefore,
there are no additional costs, or
reporting burden, associated with
implementing Procedure 3.
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 final rule will not impose any
additional requirements on small
entities. This action establishes quality
assurance/quality control procedures for
continuous opacity monitoring systems
used for compliance purposes.
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
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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.
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 quality assurance procedures
for continuous opacity monitoring
systems used to demonstrate continuous
compliance with opacity standards as
specified in new source performance
standards (NSPS) promulgated by EPA
pursuant to section 111(b) of the Clean
Air Act, 42 U.S.C. 7411(b). It does not
add any emission limits and does not
affect pollutant emissions or air quality.
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 quality
assurance procedures for continuous
opacity monitoring systems. 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. The NTTAA directs
the EPA to provide Congress, through
OMB, explanations when the agency
decides not to use available and
applicable voluntary consensus
standards.
This rulemaking involves technical
standards. Therefore, the agency
conducted a search to identify
potentially applicable voluntary
consensus standards. However we
identified no such standards except
ASTM D6216–12, and none were
brought to our attention in comments.
Therefore, the EPA has decided to use
ASTM D6216–12.
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List of Subjects in 40 CFR Part 60
Air pollution control, Environmental
protection, Continuous opacity
monitoring.
Dated: May 9, 2014.
Gina McCarthy,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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
final 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
20:35 May 15, 2014
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency 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. The 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. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2). This rule will be effective
November 12, 2014.
PART 60—[AMENDED]
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
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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.
2. Appendix F of part 60 is amended
by adding Procedure 3 to read as
follows:
■
Appendix F to Part 60—Quality
Assurance Procedures
*
*
*
*
*
Procedure 3—Quality Assurance
Requirements for Continuous Opacity
Monitoring Systems at Stationary Sources
1.0 What are the purpose and applicability
of Procedure 3?
The purpose of Procedure 3 is to establish
quality assurance and quality control (QA/
QC) procedures for continuous opacity
monitoring systems (COMS). Procedure 3
applies to COMS used to demonstrate
continuous compliance with opacity
standards specified in new source
performance standards (NSPS) promulgated
by EPA pursuant to section 111(b) of the
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28441
Clean Air Act, 42 U.S.C. 7411(b)—Standards
of Performance for New Stationary Sources.
1.1 What are the data quality objectives
of Procedure 3? The overall data quality
objective (DQO) of Procedure 3 is the
generation of valid and representative
opacity data. Procedure 3 specifies the
minimum requirements for controlling and
assessing the quality of COMS data submitted
to us or the delegated regulatory agency.
Procedure 3 requires you to perform periodic
evaluations of a COMS performance and to
develop and implement QA/QC programs to
ensure that COMS data quality is maintained.
1.2 What is the intent of the QA/QC
procedures specified in Procedure 3?
Procedure 3 is intended to establish the
minimum QA/QC requirements to verify and
maintain an acceptable level of quality of the
data produced by COMS. It is presented in
general terms to allow you to develop a
program that is most effective for your
circumstances.
1.3 When must I comply with Procedure
3? You must comply with Procedure 3 no
later than November 12, 2014.
2.0 What are the basic functions of
Procedure 3?
The basic functions of Procedure 3 are
assessment of the quality of your COMS data
and control and improvement of the quality
of the data by implementing QC requirements
and corrective actions. Procedure 3 provides
requirements for:
(1) Daily instrument zero and upscale drift
checks and status indicators checks;
(2) Quarterly performance audits which
include the following assessments:
(i) Optical alignment,
(ii) Calibration error, and
(iii) Zero compensation.
Sources that achieve quality assured data for
four consecutive quarters may reduce their
auditing frequency to semi-annual. If a
performance audit is failed, the source must
resume quarterly testing for that audit
requirement until it again demonstrates
successful performance over four consecutive
quarters.
(3) Annual zero alignment.
3.0 What special definitions apply to
Procedure 3?
The definitions in Procedure 3 include
those provided in Performance Specification
1 (PS–1) of Appendix B of this part and
ASTM D6216–12 and the following
additional definitions.
3.1 Out-of-control periods. Out-of-control
periods mean that one or more COMS
parameters falls outside of the acceptable
limits established by this rule.
(1) Daily Assessments. Whenever the
calibration drift (CD) exceeds twice the
specification of PS–1, the COMS is out-ofcontrol. The beginning of the out-of-control
period is the time corresponding to the
completion of the daily calibration drift
check. The end of the out-of-control period
is the time corresponding to the completion
of appropriate adjustment and subsequent
successful CD assessment.
(2) Quarterly and Annual Assessments.
Whenever an annual zero alignment or
quarterly performance audit fails to meet the
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criteria established in paragraphs (2) and (3)
of section 10.4, the COMS is out-of-control.
The beginning of the out-of-control period is
the time corresponding to the completion of
the performance audit indicating the failure
to meet these established criteria. The end of
the out-of-control period is the time
corresponding to the completion of
appropriate corrective actions and the
subsequent successful audit (or, if applicable,
partial audit).
4.0 What interferences must I avoid?
Opacity cannot be measured accurately in
the presence of condensed water vapor.
Thus, COMS opacity compliance
determinations cannot be made when
condensed water vapor is present, such as
downstream of a wet scrubber without a
reheater or at other saturated flue gas
locations. Therefore, COMS must be located
where condensed water vapor is not present.
5.0 What do I need to know to ensure the
safety of persons using Procedure 3?
Those implementing Procedure 3 may be
exposed to hazardous materials, operations
and equipment. Procedure 3 does not purport
to address all of the safety issues associated
with its use. It is your responsibility to
establish appropriate health and safety
practices and determine the applicable
regulatory limitations before performing this
procedure. You should consult the COMS
user’s manual for specific precautions to
take.
6.0 What equipment and supplies do I
need?
The equipment and supplies that you need
are specified in PS–1. You are not required
to purchase a new COMS if your existing
COMS meets the requirements specified in
Procedure 3.
7.0 What reagents and standards do I need?
The reagents and standards that you need
are specified in PS–1. You are not required
to purchase a new COMS if your existing
COMS meets the requirements specified in
Procedure 3.
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8.0 What sample collection, preservation,
storage, and transport are relevant to this
procedure? [Reserved]
9.0 What quality control measures are
required by this procedure for my COMS?
You must develop and implement a QC
program for your COMS. Your QC program
must, at a minimum, include written
procedures which describe in detail complete
step-by-step procedures and operations for
the activities in paragraphs (1) through (4):
(1) Procedures for performing drift checks,
including both zero and upscale drift and the
status indicators check,
(2) Procedures for performing quarterly
performance audits,
(3) A means of checking the zero alignment
of the COMS, and
(4) A program of corrective action for a
malfunctioning COMS. The corrective action
must include, at a minimum, the
requirements specified in section 10.5.
9.1 What QA/QC documentation must I
have? You are required to keep the QA/QC
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written procedures required in section 9.0 on
site and available for inspection by us, the
state, and/or local enforcement agencies.
9.2 What actions must I take if I fail QC
audits? If you fail two consecutive annual
audits, two consecutive quarterly audits, or
five consecutive daily checks, you must
either revise your QC procedures or
determine if your COMS is malfunctioning.
If you determine that your COMS is
malfunctioning, you must take the necessary
corrective action as specified in section 10.5.
If you determine that your COMS requires
extensive repairs, you may use a substitute
COMS provided the substitute meets the
requirements in section 10.6.
10.0 What calibration and standardization
procedures must I perform for my COMS?
(1) You must perform daily system checks
to ensure proper operation of system
electronics and optics, light and radiation
sources and detectors, electric or electromechanical systems, and general stability of
the system calibration. Daily is defined as
any portion of a calendar day in which a unit
operates.
(2) You must subject your COMS to a
performance audit to include checks of the
individual COMS components and factors
affecting the accuracy of the monitoring data
at least once per QA operating quarter. A QA
operating quarter is a calendar quarter in
which a unit operates at least 168 hours.
(3) At least annually, you must perform a
zero alignment by comparing the COMS
simulated zero to the actual clear path zero.
Annually is defined as a period wherein the
unit is operating at least 28 days in a
calendar year. The simulated zero device
produces a simulated clear path condition or
low-level opacity condition, where the
energy reaching the detector is between 90
and 110 percent of the energy reaching the
detector under actual clear path conditions.
10.1 What daily system checks must I
perform on my COMS? The specific
components required to undergo daily
system checks will depend on the design
details of your COMS. At a minimum, you
must verify the system operating parameters
listed in paragraphs (1) through (3) of this
section. Some COMS may perform one or
more of these functions automatically or as
an integral portion of unit operations; other
COMS may perform one or more of these
functions manually.
(1) You must check the zero drift to ensure
stability of your COMS response to the
simulated zero device. The simulated zero
device, an automated mechanism within the
transmissometer that produces a simulated
clear path condition or low-level opacity
condition, is used to check the zero drift. You
must, at a minimum, take corrective action
on your COMS whenever the daily zero drift
exceeds twice the applicable drift
specification in section 13.3(6) of PS–1.
(2) You must check the upscale drift to
ensure stability of your COMS response to
the upscale drift value. The upscale
calibration device, an automated mechanism
(employing an attenuator or reduced
reflectance device) within the
transmissometer that produces an upscale
opacity value is used to check the upscale
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drift. You must, at a minimum, take
corrective action on your COMS whenever
the daily upscale drift check exceeds twice
the applicable drift specification in section
13.3(6) of PS–1.
(3) You must, at a minimum, check the
status indicators, data acquisition system
error messages, and other system selfdiagnostic indicators. You must take
appropriate corrective action based on the
manufacturer’s recommendations when the
COMS is operating outside preset limits.
10.2 What are the quarterly auditing
requirements for my COMS? At a minimum,
the parameters listed in paragraphs (1)
through (3) of this section must be included
in the performance audit conducted on a
quarterly basis as defined in section 10.0(2).
(1) For units with automatic zero
compensation, you must determine the zero
compensation for the COMS. The value of the
zero compensation applied at the time of the
audit must be calculated as equivalent
opacity and corrected to stack exit conditions
according to the procedures specified by the
manufacturer. The compensation applied to
the effluent by the monitor system must be
recorded.
(2) You must conduct a three-point
calibration error test of the COMS. Three
calibration attenuators, either primary or
secondary must meet the requirements of PS–
1, with one exception. Instead of
recalibrating the attenuators semi-annually,
they must be recalibrated annually. If two
annual calibrations agree within 0.5 percent
opacity, the attenuators may then be
calibrated once every five years. The three
attenuators must be placed in the COMS light
beam path for at least three nonconsecutive
readings. All monitor responses must then be
independently recorded from the COMS
permanent data recorder. Additional
guidance for conducting this test is included
in section 8.1(3)(ii) of PS–1. The low-,
mid-, and high-range calibration error results
must be computed as the mean difference
and 95 percent confidence interval for the
difference between the expected and actual
responses of the monitor as corrected to stack
exit conditions. The equations necessary to
perform the calculations are found in section
12.0 of PS–1. For the calibration error test
method, you must use the external audit
device. When the external audit device is
installed, with no calibration attenuator
inserted, the COMS measurement reading
must be less than or equal to one percent
opacity. You must also document procedures
for properly handling and storing the
external audit device and calibration
attenuators within your written QC program.
(3) You must check the optical alignment
of the COMS in accordance with the
instrument manufacturer’s recommendations.
If the optical alignment varies with stack
temperature, perform the optical alignment
test when the unit is operating.
10.3 What are the annual auditing
requirements for my COMS?
(1) You must perform the primary zero
alignment method under clear path
conditions. The COMS must be removed
from its installation and set up under clear
path conditions. There must be no
adjustments to the monitor other than the
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establishment of the proper monitor path
length and correct optical alignment of the
COMS components. You must record the
COMS response to a clear condition and to
the COMS’s simulated zero condition as
percent opacity corrected to stack exit
conditions. For a COMS with automatic zero
compensation, you must disconnect or
disable the zero compensation mechanism or
record the amount of correction applied to
the COMS’s simulated zero condition. The
response difference in percent opacity to the
clear path and simulated zero conditions
must be recorded as the zero alignment error.
You must adjust the COMS’s simulated zero
device to provide the same response as the
clear path condition as specified in
paragraph (3) of section 10.0.
(2) As an alternative, monitors capable of
allowing the installation of an external zero
device may use the device for the zero
alignment provided that: (1) The external
zero device setting has been established for
the monitor path length and recorded for the
specific COMS by comparison of the COMS
responses to the installed external zero
device and to the clear path condition, and
(2) the external zero device is demonstrated
to be capable of producing a consistent zero
response when it is repeatedly (i.e., three
consecutive installations and removals prior
to conducting the final zero alignment check)
installed on the COMS. This can be
demonstrated by either the manufacturer’s
certificate of conformance (MCOC) or actual
on-site performance. The external zero device
setting must be permanently set at the time
of initial zeroing to the clear path zero value
and protected when not in use to ensure that
the setting equivalent to zero opacity does
not change. The external zero device
response must be checked and recorded prior
to initiating the zero alignment. If the
external zero device setting has changed, you
must remove the COMS from the stack in
order to reset the external zero device. If you
employ an external zero device, you must
perform the zero alignment audits with the
COMS off the stack at least every three years.
If the external zero device is adjusted within
the three-year period, you must perform the
zero alignment with the COMS off the stack
no later than three years from the date of
adjustment.
(3) The procedure in section 6.8 of ASTM
D6216–12 is allowed.
10.4 What are my limits for excessive
audit inaccuracy? Unless specified otherwise
in the applicable subpart, the criteria for
excessive inaccuracy are listed in paragraphs
(1) through (4).
(1) What is the criterion for excessive zero
or upscale drift? Your COMS is out-of-control
if either the zero drift check or upscale drift
check exceeds twice the applicable drift
specification in PS–1 for any one day.
(2) What is the criterion for excessive zero
alignment? Your COMS is out-of-control if
the zero alignment error exceeds 2 percent
opacity.
(3) What is the criterion to pass the
quarterly performance audit? Your COMS is
out-of-control if the results of a quarterly
performance audit indicate noncompliance
with the following criteria:
(i) The optical alignment indicator does not
show proper alignment (i.e., does not fall
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20:35 May 15, 2014
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within a specific reference mark or
condition).
(ii) The zero compensation exceeds 4
percent opacity, or
(iii) The calibration error exceeds 3 percent
opacity.
(4) What is the criterion for data capture?
You must adhere to the data capture criterion
specified in the applicable subpart.
10.5 What corrective action must I take if
my COMS is malfunctioning? You must have
a corrective action program in place to
address the repair and/or maintenance of
your COMS. The corrective action program
must address routine/preventative
maintenance and various types of analyzer
repairs. The corrective action program must
establish what diagnostic testing must be
performed after each type of activity to
ensure that the COMS is collecting valid,
quality-assured data. Recommended
maintenance and repair procedures and
diagnostic testing after repairs may be found
in an associated guidance document.
10.6 What requirements must I meet if I
use a temporary opacity monitor?
(1) In the event that your certified opacity
monitor has to be removed for extended
service, you may install a temporary
replacement monitor to obtain required
opacity emissions data provided that:
(i) The temporary monitor has been
certified according to ASTM D6216–12 for
which a MCOC has been provided;
(ii) The use of the temporary monitor does
not exceed 1080 hours (45 days) of operation
per year as a replacement for a fully certified
opacity monitor. After that time, the analyzer
must complete a full certification according
to PS–1 prior to further use as a temporary
replacement monitor. Once a temporary
replacement monitor has been installed and
required testing and adjustments have been
successfully completed, it cannot be replaced
by another temporary replacement monitor to
avoid the full PS–1 certification testing
required after 1080 hours (45 days) of use;
(iii) The temporary monitor has been
installed and successfully completed an
optical alignment assessment and status
indicator assessment;
(iv) The temporary monitor has
successfully completed an off-stack clear
path zero assessment and zero calibration
value adjustment procedure;
(v) The temporary monitor has successfully
completed an abbreviated zero and upscale
drift check consisting of seven zero and
upscale calibration value drift checks which
may be conducted within a 24-hour period
with not more than one calibration drift
check every three hours and not less than one
calibration drift check every 25 hours.
Calculated zero and upscale drift
requirements are the same as specified for the
normal PS–1 certification;
(vi) The temporary monitor has
successfully completed a three-point
calibration error test;
(vii) The upscale reference calibration
check value of the new monitor has been
updated in the associated data recording
equipment;
(viii) The overall calibration of the monitor
and data recording equipment has been
verified; and
PO 00000
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28443
(ix) The user has documented all of the
above in the maintenance log.
(2) Data generated by the temporary
monitor is considered valid when paragraphs
(i) through (ix) in this section have been met.
10.7 When do out-of-control periods
begin and end? The out-of-control periods
are as specified in section 3.1.
10.8 What are the limitations on the use
of my COMS data collected during out-ofcontrol periods? During the period your
COMS is out-of-control, you may not use
your COMS data to calculate emission
compliance or to meet minimum data capture
requirements in this procedure or the
applicable regulation.
10.9 What are the QA/QC reporting
requirements for my COMS? You must report
in a Data Assessment Report (DAR) the
information required by sections 10.0, 10.1,
10.2, and 10.3 for your COMS at the interval
specified in the applicable regulation.
10.10 What minimum information must I
include in my DAR? At a minimum, you
must include the information listed in
paragraphs (1) through (5) of this section in
the DAR.
(1) Name of person completing the report
and facility address,
(2) Identification and location of your
COMS(s),
(3) Manufacturer, model, and serial
number of your COMS(s),
(4) Assessment of COMS data accuracy/
acceptability and date of assessment as
determined by a performance audit described
in section 10.0. If the accuracy audit results
show your COMS to be out-of-control, you
must report both the audit results showing
your COMS to be out-of-control and the
results of the audit following corrective
action showing your COMS to be operating
within specifications, and
(5) Summary of all corrective actions you
took when you determined your COMS was
out-of-control.
10.11 Where and how long must I retain
the QA data that this procedure requires me
to record for my COMS? You must keep the
records required by this procedure for your
COMS on site and available for inspection by
us, the state, and/or the local enforcement
agency for the period specified in the
regulations requiring the use of COMS.
11.0 What analytical procedures apply to
this procedure? [Reserved]
12.0 What calculations and data analysis
must I perform for my COMS? The
calculations required for the quarterly
performance audit are in section 12.0 of
PS–1.
13.0 Method Performance [Reserved]
14.0
Pollution Prevention [Reserved]
15.0
Waste Management [Reserved]
16.0 References
16.1 Performance Specification 1Specifications and Test Procedures for
Continuous Opacity Monitoring Systems in
Stationary Sources, 40 CFR part 60,
Appendix B.
16.2 ASTM D6216–12-Standard Practice
for Opacity Monitor Manufacturers to Certify
Conformance with Design and Performance
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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations
Specifications, American Society for Testing
and Materials (ASTM).
17.0 What tables, diagrams, flowcharts, and
validation data are relevant to this
procedure? [Reserved]
[FR Doc. 2014–11226 Filed 5–15–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0863; FRL–9909–17]
Amine Salts of Alkyl (C8-C24)
Benzenesulfonic Acid
(Dimethylaminopropylamine,
Isopropylamine, Mono-, Di-, and
Triethanolamine); Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
TKELLEY on DSK3SPTVN1PROD with RULES
I. General Information
This regulation amends two
exemptions from the requirement of a
tolerance for residues of diethanolamine
salts of alkyl (C8-C24) benzenesulfonic
acid (not to exceed 7% of pesticidal
formulations) and two exemptions from
the requirement of a tolerance for
residues of dimethylaminopropylamine,
isopropylamine, ethanolamine, and
triethanolamine salts of alkyl (C8-C24)
benzenesulfonic acid (without
limitation), herein referred to
collectively as amine salts of alkyl (C8C24) benzenesulfonic acid
(dimethylaminopropylamine,
isopropylamine, mono-, di-, and
triethanolamine), or ASABSA, when
used as inert ingredients applied to
growing crops and to animals. The Joint
Inerts Task Force Cluster Support Team
8 (JITF CST 8) c/o Huntsman Corp.,
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting amendment of two
existing exemptions from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of ASABSA.
DATES: This regulation is effective May
16, 2014. Objections and requests for
hearings must be received on or before
July 15, 2014, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0863, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
SUMMARY:
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20:35 May 15, 2014
Jkt 232001
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. 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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
OPP–2012–0863 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before July 15, 2014. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2012–0863, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of August 5,
2009 (74 FR 38924) (FRL–8430–2), EPA
issued a final rule announcing the
establishment of a tolerance exemption
pursuant to a pesticide petition (PP
8E7472) by the Joint Inerts Task Force
Cluster Support Team 8 (JITF CST 8)
c/o CropLife America, 1156 15th St.
NW., Suite 400, Washington, DC 20005.
The petition requested that 40 CFR
180.920 and 180.930 be amended by
establishing exemptions from the
requirement of a tolerance for residues
of diethanolamine salts of alkyl (C8-C24)
benzenesulfonic acid and
dimethylaminopropylamine,
isopropylamine, ethanolamine, and
triethanolamine salts of alkyl (C8-C24)
benzenesulfonic acid when used as inert
ingredients (surfactants) in pesticide
formulations applied to growing crops
and animals. The current petition seeks
to expand the exemptions for ASABSA
E:\FR\FM\16MYR1.SGM
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Agencies
[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Rules and Regulations]
[Pages 28439-28444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11226]
[[Page 28439]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2010-0873; FRL-9909-98-OAR]
RIN 2060-AH23
Quality Assurance Requirements for Continuous Opacity Monitoring
Systems at Stationary Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action promulgates quality assurance and quality control
(QA/QC) procedures (referred to as Procedure 3) for continuous opacity
monitoring systems (COMS) used to demonstrate continuous compliance
with opacity standards specified in new source performance standards
(NSPS) issued by the EPA pursuant to section 111(b) of the Clean Air
Act (CAA), Standards of Performance for New Stationary Sources.
DATES: This final rule is effective on November 12, 2014.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2010-0873. All documents in the docket are
listed in the www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., 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 at www.regulations.gov or in hard copy at the Air
Docket, EPA/DC, William J. Clinton West Building, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Docket Facility and Public
Reading Room are open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Air
Docket is (202) 566-1742, and the telephone number for the Public
Reading Room is (202) 566-1744.
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:
Table of Contents
I. General Information
A. Does this action apply to me?
B. Where can I obtain a copy of this action?
C. Judicial Review
II. Background
III. Summary of Procedure 3
IV. Public Comments on Proposed Procedure 3
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
Procedure 3 applies to COMS used to demonstrate continuous
compliance with opacity standards specified in NSPS promulgated by the
EPA pursuant to section 111(b) of the CAA, 42 U.S.C. 7411(b).
B. Where can I obtain a copy of this action?
In addition to being available in the docket, an electronic copy of
this rule will also be available on the Worldwide Web (www) through the
Technology Transfer Network (TTN). Following the Administrator's
signature, a copy of the final rule will be placed on the TTN's policy
and guidance page for newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control. A redline strikeout
document that compares this final rule to the proposed rule has also
been added to the docket.
C. Judicial Review
Under section 307(b)(1) of the CAA, judicial review of this final
rule is available by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit by July 15, 2014.
Under section 307(d)(7)(B) of the CAA, only an objection to this final
rule that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
section 307(b)(2) of the CAA, the requirements that are the subject of
this final rule may not be challenged later in civil or criminal
proceedings brought by the EPA to enforce these requirements.
II. Background
Procedure 3 results in national consistency in the application of
QA/QC procedures by applicable sources using COMS. We published a
direct final rule and a parallel proposed rule for Procedure 3 in the
Federal Register on February 14, 2012. The public comment period was
originally scheduled to end on March 15, 2012, but was extended to
April 30, 2012, at the request of several commenters. On March 28,
2012, the EPA withdrew the direct final rule based on the receipt of
adverse comments on the parallel proposed rule.
III. Summary of Procedure 3
This final rule codifies Procedure 3 in 40 CFR part 60, Appendix F.
Procedure 3 establishes requirements for daily instrument zero and
upscale drift checks, daily status indicator checks, quarterly
performance audits, and annual zero alignments, and requires source
owners and operators to have a corrective action in place for
malfunctioning COMS. In addition, Performance Specification 1 (which is
the initial certification for COMS) provides requirements for the
design, performance, and installation of a COMS and data computation
procedures for evaluating the acceptability of a COMS. The requirements
in Procedure 3 are modeled after manufacturers' maintenance
recommendations. As a result, the EPA believes that most, if not all,
owners/operators are already following procedures similar to those
specified in Procedure 3. Therefore, there are no additional costs, or
reporting burden, associated with implementing Procedure 3.
IV. Public Comments on Proposed Procedure 3
The EPA received 27 comments from state agencies, industry, and
non-profit organizations. Nine commenters noted support for Procedure
3. Several commenters requested clarity with regard to applicability,
so the
[[Page 28440]]
applicability statement is revised to indicate that Procedure 3 applies
to COMS used to demonstrate continuous compliance with opacity
standards in NSPS's only. More than half of the commenters stated that
the 60-day compliance deadline is not enough time in cases where
training is necessary or QA/QC plans need to be developed. In response,
the EPA has extended the deadline to 180 days. Several commenters asked
that we clarify the temporal definitions for the daily, quarterly, and
annual audits because some units do not operate 24 hours a day, 7 days
a week. In response, the temporal definitions are revised. Several
commenters noted that a fault status indicator does not necessarily
mean that data are invalid. The EPA agrees that a status indicator is a
warning that opacity readings are nearing the limit and that the data
are not necessarily invalid, so language that indicated the data would
be considered invalid has been removed. Several commenters requested
that we delete the requirement to remove the COMS to conduct zero
alignment audits claiming that removing the COMS from the stack exposes
it to potential damage and presents a safety hazard. However, the EPA
believes that the zero alignment audit needs to be done off-stack
annually unless a source owner or operator chooses the alternative that
allows the installation of an external zero device that allows COMS
removal from the stack every three years. Also, based on conversations
with manufacturers, the EPA believes that the risks for damage when
removing the COMS from the stack are minimal. Therefore, the
requirement to remove the COMS to conduct zero alignment audits is
finalized as proposed.
Individual comments, as well as the EPA's summary and response to
the public comments, are available for public viewing in the docket
under Docket ID No. EPA-HQ-OAR-2010-0873.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). The requirements in applicable
regulations are broad enough to include the information collection
requirements specified in Procedure 3. In addition, the requirements in
Procedure 3 are modeled after manufacturers' maintenance
recommendations. As a result, the EPA believes that most, if not all,
owners/operators are already following procedures similar to those
specified in Procedure 3. Therefore, there are no additional costs, or
reporting burden, associated with implementing Procedure 3.
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 final
rule will not impose any additional requirements on small entities.
This action establishes quality assurance/quality control procedures
for continuous opacity monitoring systems used for compliance purposes.
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.
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 quality
assurance procedures for continuous opacity monitoring systems used to
demonstrate continuous compliance with opacity standards as specified
in new source performance standards (NSPS) promulgated by EPA pursuant
to section 111(b) of the Clean Air Act, 42 U.S.C. 7411(b). It does not
add any emission limits and does not affect pollutant emissions or air
quality. 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 quality assurance procedures for continuous opacity
monitoring systems. 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.
[[Page 28441]]
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. The NTTAA directs the EPA to
provide Congress, through OMB, explanations when the agency decides not
to use available and applicable voluntary consensus standards.
This rulemaking involves technical standards. Therefore, the agency
conducted a search to identify potentially applicable voluntary
consensus standards. However we identified no such standards except
ASTM D6216-12, and none were brought to our attention in comments.
Therefore, the EPA has decided to use ASTM D6216-12.
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 final 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.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency 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. The 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective November 12, 2014.
List of Subjects in 40 CFR Part 60
Air pollution control, Environmental protection, Continuous opacity
monitoring.
Dated: May 9, 2014.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Appendix F of part 60 is amended by adding Procedure 3 to read as
follows:
Appendix F to Part 60--Quality Assurance Procedures
* * * * *
Procedure 3--Quality Assurance Requirements for Continuous Opacity
Monitoring Systems at Stationary Sources
1.0 What are the purpose and applicability of Procedure 3?
The purpose of Procedure 3 is to establish quality assurance and
quality control (QA/QC) procedures for continuous opacity monitoring
systems (COMS). Procedure 3 applies to COMS used to demonstrate
continuous compliance with opacity standards specified in new source
performance standards (NSPS) promulgated by EPA pursuant to section
111(b) of the Clean Air Act, 42 U.S.C. 7411(b)--Standards of
Performance for New Stationary Sources.
1.1 What are the data quality objectives of Procedure 3? The
overall data quality objective (DQO) of Procedure 3 is the
generation of valid and representative opacity data. Procedure 3
specifies the minimum requirements for controlling and assessing the
quality of COMS data submitted to us or the delegated regulatory
agency. Procedure 3 requires you to perform periodic evaluations of
a COMS performance and to develop and implement QA/QC programs to
ensure that COMS data quality is maintained.
1.2 What is the intent of the QA/QC procedures specified in
Procedure 3? Procedure 3 is intended to establish the minimum QA/QC
requirements to verify and maintain an acceptable level of quality
of the data produced by COMS. It is presented in general terms to
allow you to develop a program that is most effective for your
circumstances.
1.3 When must I comply with Procedure 3? You must comply with
Procedure 3 no later than November 12, 2014.
2.0 What are the basic functions of Procedure 3?
The basic functions of Procedure 3 are assessment of the quality
of your COMS data and control and improvement of the quality of the
data by implementing QC requirements and corrective actions.
Procedure 3 provides requirements for:
(1) Daily instrument zero and upscale drift checks and status
indicators checks;
(2) Quarterly performance audits which include the following
assessments:
(i) Optical alignment,
(ii) Calibration error, and
(iii) Zero compensation.
Sources that achieve quality assured data for four consecutive
quarters may reduce their auditing frequency to semi-annual. If a
performance audit is failed, the source must resume quarterly
testing for that audit requirement until it again demonstrates
successful performance over four consecutive quarters.
(3) Annual zero alignment.
3.0 What special definitions apply to Procedure 3?
The definitions in Procedure 3 include those provided in
Performance Specification 1 (PS-1) of Appendix B of this part and
ASTM D6216-12 and the following additional definitions.
3.1 Out-of-control periods. Out-of-control periods mean that one
or more COMS parameters falls outside of the acceptable limits
established by this rule.
(1) Daily Assessments. Whenever the calibration drift (CD)
exceeds twice the specification of PS-1, the COMS is out-of-control.
The beginning of the out-of-control period is the time corresponding
to the completion of the daily calibration drift check. The end of
the out-of-control period is the time corresponding to the
completion of appropriate adjustment and subsequent successful CD
assessment.
(2) Quarterly and Annual Assessments. Whenever an annual zero
alignment or quarterly performance audit fails to meet the
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criteria established in paragraphs (2) and (3) of section 10.4, the
COMS is out-of-control. The beginning of the out-of-control period
is the time corresponding to the completion of the performance audit
indicating the failure to meet these established criteria. The end
of the out-of-control period is the time corresponding to the
completion of appropriate corrective actions and the subsequent
successful audit (or, if applicable, partial audit).
4.0 What interferences must I avoid?
Opacity cannot be measured accurately in the presence of
condensed water vapor. Thus, COMS opacity compliance determinations
cannot be made when condensed water vapor is present, such as
downstream of a wet scrubber without a reheater or at other
saturated flue gas locations. Therefore, COMS must be located where
condensed water vapor is not present.
5.0 What do I need to know to ensure the safety of persons using
Procedure 3?
Those implementing Procedure 3 may be exposed to hazardous
materials, operations and equipment. Procedure 3 does not purport to
address all of the safety issues associated with its use. It is your
responsibility to establish appropriate health and safety practices
and determine the applicable regulatory limitations before
performing this procedure. You should consult the COMS user's manual
for specific precautions to take.
6.0 What equipment and supplies do I need?
The equipment and supplies that you need are specified in PS-1.
You are not required to purchase a new COMS if your existing COMS
meets the requirements specified in Procedure 3.
7.0 What reagents and standards do I need?
The reagents and standards that you need are specified in PS-1.
You are not required to purchase a new COMS if your existing COMS
meets the requirements specified in Procedure 3.
8.0 What sample collection, preservation, storage, and transport
are relevant to this procedure? [Reserved]
9.0 What quality control measures are required by this procedure
for my COMS?
You must develop and implement a QC program for your COMS. Your
QC program must, at a minimum, include written procedures which
describe in detail complete step-by-step procedures and operations
for the activities in paragraphs (1) through (4):
(1) Procedures for performing drift checks, including both zero
and upscale drift and the status indicators check,
(2) Procedures for performing quarterly performance audits,
(3) A means of checking the zero alignment of the COMS, and
(4) A program of corrective action for a malfunctioning COMS.
The corrective action must include, at a minimum, the requirements
specified in section 10.5.
9.1 What QA/QC documentation must I have? You are required to
keep the QA/QC written procedures required in section 9.0 on site
and available for inspection by us, the state, and/or local
enforcement agencies.
9.2 What actions must I take if I fail QC audits? If you fail
two consecutive annual audits, two consecutive quarterly audits, or
five consecutive daily checks, you must either revise your QC
procedures or determine if your COMS is malfunctioning. If you
determine that your COMS is malfunctioning, you must take the
necessary corrective action as specified in section 10.5. If you
determine that your COMS requires extensive repairs, you may use a
substitute COMS provided the substitute meets the requirements in
section 10.6.
10.0 What calibration and standardization procedures must I perform
for my COMS?
(1) You must perform daily system checks to ensure proper
operation of system electronics and optics, light and radiation
sources and detectors, electric or electro-mechanical systems, and
general stability of the system calibration. Daily is defined as any
portion of a calendar day in which a unit operates.
(2) You must subject your COMS to a performance audit to include
checks of the individual COMS components and factors affecting the
accuracy of the monitoring data at least once per QA operating
quarter. A QA operating quarter is a calendar quarter in which a
unit operates at least 168 hours.
(3) At least annually, you must perform a zero alignment by
comparing the COMS simulated zero to the actual clear path zero.
Annually is defined as a period wherein the unit is operating at
least 28 days in a calendar year. The simulated zero device produces
a simulated clear path condition or low-level opacity condition,
where the energy reaching the detector is between 90 and 110 percent
of the energy reaching the detector under actual clear path
conditions.
10.1 What daily system checks must I perform on my COMS? The
specific components required to undergo daily system checks will
depend on the design details of your COMS. At a minimum, you must
verify the system operating parameters listed in paragraphs (1)
through (3) of this section. Some COMS may perform one or more of
these functions automatically or as an integral portion of unit
operations; other COMS may perform one or more of these functions
manually.
(1) You must check the zero drift to ensure stability of your
COMS response to the simulated zero device. The simulated zero
device, an automated mechanism within the transmissometer that
produces a simulated clear path condition or low-level opacity
condition, is used to check the zero drift. You must, at a minimum,
take corrective action on your COMS whenever the daily zero drift
exceeds twice the applicable drift specification in section 13.3(6)
of PS-1.
(2) You must check the upscale drift to ensure stability of your
COMS response to the upscale drift value. The upscale calibration
device, an automated mechanism (employing an attenuator or reduced
reflectance device) within the transmissometer that produces an
upscale opacity value is used to check the upscale drift. You must,
at a minimum, take corrective action on your COMS whenever the daily
upscale drift check exceeds twice the applicable drift specification
in section 13.3(6) of PS-1.
(3) You must, at a minimum, check the status indicators, data
acquisition system error messages, and other system self-diagnostic
indicators. You must take appropriate corrective action based on the
manufacturer's recommendations when the COMS is operating outside
preset limits.
10.2 What are the quarterly auditing requirements for my COMS?
At a minimum, the parameters listed in paragraphs (1) through (3) of
this section must be included in the performance audit conducted on
a quarterly basis as defined in section 10.0(2).
(1) For units with automatic zero compensation, you must
determine the zero compensation for the COMS. The value of the zero
compensation applied at the time of the audit must be calculated as
equivalent opacity and corrected to stack exit conditions according
to the procedures specified by the manufacturer. The compensation
applied to the effluent by the monitor system must be recorded.
(2) You must conduct a three-point calibration error test of the
COMS. Three calibration attenuators, either primary or secondary
must meet the requirements of PS-1, with one exception. Instead of
recalibrating the attenuators semi-annually, they must be
recalibrated annually. If two annual calibrations agree within 0.5
percent opacity, the attenuators may then be calibrated once every
five years. The three attenuators must be placed in the COMS light
beam path for at least three nonconsecutive readings. All monitor
responses must then be independently recorded from the COMS
permanent data recorder. Additional guidance for conducting this
test is included in section 8.1(3)(ii) of PS-1. The low-, mid-, and
high-range calibration error results must be computed as the mean
difference and 95 percent confidence interval for the difference
between the expected and actual responses of the monitor as
corrected to stack exit conditions. The equations necessary to
perform the calculations are found in section 12.0 of PS-1. For the
calibration error test method, you must use the external audit
device. When the external audit device is installed, with no
calibration attenuator inserted, the COMS measurement reading must
be less than or equal to one percent opacity. You must also document
procedures for properly handling and storing the external audit
device and calibration attenuators within your written QC program.
(3) You must check the optical alignment of the COMS in
accordance with the instrument manufacturer's recommendations. If
the optical alignment varies with stack temperature, perform the
optical alignment test when the unit is operating.
10.3 What are the annual auditing requirements for my COMS?
(1) You must perform the primary zero alignment method under
clear path conditions. The COMS must be removed from its
installation and set up under clear path conditions. There must be
no adjustments to the monitor other than the
[[Page 28443]]
establishment of the proper monitor path length and correct optical
alignment of the COMS components. You must record the COMS response
to a clear condition and to the COMS's simulated zero condition as
percent opacity corrected to stack exit conditions. For a COMS with
automatic zero compensation, you must disconnect or disable the zero
compensation mechanism or record the amount of correction applied to
the COMS's simulated zero condition. The response difference in
percent opacity to the clear path and simulated zero conditions must
be recorded as the zero alignment error. You must adjust the COMS's
simulated zero device to provide the same response as the clear path
condition as specified in paragraph (3) of section 10.0.
(2) As an alternative, monitors capable of allowing the
installation of an external zero device may use the device for the
zero alignment provided that: (1) The external zero device setting
has been established for the monitor path length and recorded for
the specific COMS by comparison of the COMS responses to the
installed external zero device and to the clear path condition, and
(2) the external zero device is demonstrated to be capable of
producing a consistent zero response when it is repeatedly (i.e.,
three consecutive installations and removals prior to conducting the
final zero alignment check) installed on the COMS. This can be
demonstrated by either the manufacturer's certificate of conformance
(MCOC) or actual on-site performance. The external zero device
setting must be permanently set at the time of initial zeroing to
the clear path zero value and protected when not in use to ensure
that the setting equivalent to zero opacity does not change. The
external zero device response must be checked and recorded prior to
initiating the zero alignment. If the external zero device setting
has changed, you must remove the COMS from the stack in order to
reset the external zero device. If you employ an external zero
device, you must perform the zero alignment audits with the COMS off
the stack at least every three years. If the external zero device is
adjusted within the three-year period, you must perform the zero
alignment with the COMS off the stack no later than three years from
the date of adjustment.
(3) The procedure in section 6.8 of ASTM D6216-12 is allowed.
10.4 What are my limits for excessive audit inaccuracy? Unless
specified otherwise in the applicable subpart, the criteria for
excessive inaccuracy are listed in paragraphs (1) through (4).
(1) What is the criterion for excessive zero or upscale drift?
Your COMS is out-of-control if either the zero drift check or
upscale drift check exceeds twice the applicable drift specification
in PS-1 for any one day.
(2) What is the criterion for excessive zero alignment? Your
COMS is out-of-control if the zero alignment error exceeds 2 percent
opacity.
(3) What is the criterion to pass the quarterly performance
audit? Your COMS is out-of-control if the results of a quarterly
performance audit indicate noncompliance with the following
criteria:
(i) The optical alignment indicator does not show proper
alignment (i.e., does not fall within a specific reference mark or
condition).
(ii) The zero compensation exceeds 4 percent opacity, or
(iii) The calibration error exceeds 3 percent opacity.
(4) What is the criterion for data capture? You must adhere to
the data capture criterion specified in the applicable subpart.
10.5 What corrective action must I take if my COMS is
malfunctioning? You must have a corrective action program in place
to address the repair and/or maintenance of your COMS. The
corrective action program must address routine/preventative
maintenance and various types of analyzer repairs. The corrective
action program must establish what diagnostic testing must be
performed after each type of activity to ensure that the COMS is
collecting valid, quality-assured data. Recommended maintenance and
repair procedures and diagnostic testing after repairs may be found
in an associated guidance document.
10.6 What requirements must I meet if I use a temporary opacity
monitor?
(1) In the event that your certified opacity monitor has to be
removed for extended service, you may install a temporary
replacement monitor to obtain required opacity emissions data
provided that:
(i) The temporary monitor has been certified according to ASTM
D6216-12 for which a MCOC has been provided;
(ii) The use of the temporary monitor does not exceed 1080 hours
(45 days) of operation per year as a replacement for a fully
certified opacity monitor. After that time, the analyzer must
complete a full certification according to PS-1 prior to further use
as a temporary replacement monitor. Once a temporary replacement
monitor has been installed and required testing and adjustments have
been successfully completed, it cannot be replaced by another
temporary replacement monitor to avoid the full PS-1 certification
testing required after 1080 hours (45 days) of use;
(iii) The temporary monitor has been installed and successfully
completed an optical alignment assessment and status indicator
assessment;
(iv) The temporary monitor has successfully completed an off-
stack clear path zero assessment and zero calibration value
adjustment procedure;
(v) The temporary monitor has successfully completed an
abbreviated zero and upscale drift check consisting of seven zero
and upscale calibration value drift checks which may be conducted
within a 24-hour period with not more than one calibration drift
check every three hours and not less than one calibration drift
check every 25 hours. Calculated zero and upscale drift requirements
are the same as specified for the normal PS-1 certification;
(vi) The temporary monitor has successfully completed a three-
point calibration error test;
(vii) The upscale reference calibration check value of the new
monitor has been updated in the associated data recording equipment;
(viii) The overall calibration of the monitor and data recording
equipment has been verified; and
(ix) The user has documented all of the above in the maintenance
log.
(2) Data generated by the temporary monitor is considered valid
when paragraphs (i) through (ix) in this section have been met.
10.7 When do out-of-control periods begin and end? The out-of-
control periods are as specified in section 3.1.
10.8 What are the limitations on the use of my COMS data
collected during out-of-control periods? During the period your COMS
is out-of-control, you may not use your COMS data to calculate
emission compliance or to meet minimum data capture requirements in
this procedure or the applicable regulation.
10.9 What are the QA/QC reporting requirements for my COMS? You
must report in a Data Assessment Report (DAR) the information
required by sections 10.0, 10.1, 10.2, and 10.3 for your COMS at the
interval specified in the applicable regulation.
10.10 What minimum information must I include in my DAR? At a
minimum, you must include the information listed in paragraphs (1)
through (5) of this section in the DAR.
(1) Name of person completing the report and facility address,
(2) Identification and location of your COMS(s),
(3) Manufacturer, model, and serial number of your COMS(s),
(4) Assessment of COMS data accuracy/acceptability and date of
assessment as determined by a performance audit described in section
10.0. If the accuracy audit results show your COMS to be out-of-
control, you must report both the audit results showing your COMS to
be out-of-control and the results of the audit following corrective
action showing your COMS to be operating within specifications, and
(5) Summary of all corrective actions you took when you
determined your COMS was out-of-control.
10.11 Where and how long must I retain the QA data that this
procedure requires me to record for my COMS? You must keep the
records required by this procedure for your COMS on site and
available for inspection by us, the state, and/or the local
enforcement agency for the period specified in the regulations
requiring the use of COMS.
11.0 What analytical procedures apply to this procedure? [Reserved]
12.0 What calculations and data analysis must I perform for my
COMS? The calculations required for the quarterly performance audit
are in section 12.0 of PS-1.
13.0 Method Performance [Reserved]
14.0 Pollution Prevention [Reserved]
15.0 Waste Management [Reserved]
16.0 References
16.1 Performance Specification 1-Specifications and Test
Procedures for Continuous Opacity Monitoring Systems in Stationary
Sources, 40 CFR part 60, Appendix B.
16.2 ASTM D6216-12-Standard Practice for Opacity Monitor
Manufacturers to Certify Conformance with Design and Performance
[[Page 28444]]
Specifications, American Society for Testing and Materials (ASTM).
17.0 What tables, diagrams, flowcharts, and validation data are
relevant to this procedure? [Reserved]
[FR Doc. 2014-11226 Filed 5-15-14; 8:45 am]
BILLING CODE 6560-50-P