[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Parts 53 to 59

                         Revised as of July 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     409
      Alphabetical List of Agencies Appearing in the CFR......     429
      List of CFR Sections Affected...........................     439

[[Page iv]]


      


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

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 53.1 refers 
                       to title 40, part 53, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
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EFFECTIVE AND EXPIRATION DATES

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inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
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previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
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CFR INDEXES AND TABULAR GUIDES

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and Finding Aids. This volume contains the Parallel Table of Authorities 
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alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
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    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    July 1, 2017.

                                
                                      
                            

  

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-seven 
volumes. The parts in these volumes are arranged in the following order: 
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499) , part 60 (60.500-end of part 60, sections), part 60 
(Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts 
72-79, part 80, part 81, parts 82-86, parts 87-95, parts 96-99, parts 
100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, 
parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2017.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. Regulations issued by the Council on Environmental 
Quality, including an Index to Parts 1500 through 1508, appear in the 
volume containing parts 1060 to end. The OMB control numbers for title 
40 appear in Sec. 9.1 of this chapter.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                   (This book contains parts 53 to 59)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          53

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
53              Ambient air monitoring reference and 
                    equivalent methods......................           5
54              Prior notice of citizen suits...............         114
55              Outer Continental Shelf air regulations.....         115
56              Regional consistency........................         168
57              Primary nonferrous smelter orders...........         170
58              Ambient air quality surveillance............         245
59              National volatile organic compound emission 
                    standards for consumer and commercial 
                    products................................         321

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





PART 53_AMBIENT AIR MONITORING REFERENCE AND EQUIVALENT METHODS
--Table of Contents



                      Subpart A_General Provisions

Sec.
53.1  Definitions.
53.2  General requirements for a reference method determination.
53.3  General requirements for an equivalent method determination.
53.4  Applications for reference or equivalent method determinations.
53.5  Processing of applications.
53.6  Right to witness conduct of tests.
53.7  Testing of methods at the initiative of the Administrator.
53.8  Designation of reference and equivalent methods.
53.9  Conditions of designation.
53.10  Appeal from rejection of application.
53.11  Cancellation of reference or equivalent method designation.
53.12  Request for hearing on cancellation.
53.13  Hearings.
53.14  Modification of a reference or equivalent method.
53.15  Trade secrets and confidential or privileged information.
53.16  Supersession of reference methods.

Table A-1 to Subpart A of Part 53--Summary of Applicable Requirements 
          for Reference and Equivalent Methods for Air Monitoring of 
          Criteria Pollutants
Appendix A to Subpart A of Part 53--References

    Subpart B_Procedures for Testing Performance Characteristics of 
               Automated Methods for SO2, CO, O3, and NO2

53.20  General provisions.
53.21  Test conditions.
53.22  Generation of test atmospheres.
53.23  Test procedures.

Figure B-1 to Subpart B of Part 53--Example
Table B-1 to Subpart B of Part 53--Performance Limit Specifications for 
          Automated Methods
Table B-2 to Subpart B of Part 53--Test Atmospheres
Table B-3 to Subpart B of Part 53--Interferent Test Concentration, Parts 
          Per Million
Table B-4 to Subpart B of Part 53-- Line Voltage and Room Temperature 
          Test Conditions
Table B-5 to Subpart B of Part 53--Symbols and Abbreviations
Appendix A to Subpart B of Part 53--Optional Forms for Reporting Test 
          Results

  Subpart C_Procedures for Determining Comparability Between Candidate 
                      Methods and Reference Methods

53.30  General provisions.
53.31  [Reserved]
53.32  Test procedures for methods for SO2, CO, 
          O3, and NO2.
53.33  Test Procedure for Methods for Lead (Pb).
53.34  Test procedures for methods for PM 10 and Class I 
          methods for PM 2.5.
53.35  Test procedures for Class II and Class III methods for PM 
          2.5 and PM 10-2.5.

Table C-1 to Subpart C of Part 53--Test Concentration Ranges, Number of 
          Measurements Required, and Maximum Discrepancy Specifications
Table C-2 to Subpart C of Part 53--Sequence of Test Measurements
Table C-3 to Subpart C of Part 53--Test Specifications for Pb in TSP and 
          Pb in PM 10 Methods
Table C-4 to Subpart C of Part 53--Test Specifications for PM 
          10, PM 2.5, and PM 10-2.5 
          Candidate Equivalent Methods
Table C-5 to Subpart C of Part 53--Summary of Comparability Field 
          Testing Campaign Site and Seasonal Requirements for Class II 
          and III FEMs for PM 10-2.5 and PM 2.5
Figure C-1 to Subpart C of Part 53--Suggested Format for Reporting Test 
          Results for Methods for SO2, CO, O3, 
          NO2
Figure C-2 to Subpart C of Part 53--Illustration of the Slope and 
          Intercept Limits for Class II and Class III PM 2.5 
          Candidate Equivalent Methods
Figure C-3 to Subpart C of Part 53--Illustration of the Slope and 
          Intercept Limits for Class II and Class III PM 
          10-2.5 Candidate Equivalent Methods
Figure C-4 to Subpart C of Part 53--Illustration of the Minimum Limits 
          for Correlation Coefficient for PM 2.5 and PM 
          10-2.5 Class II and III Methods
Appendix A to Subpart C of Part 53--References

Subpart D_Procedures for Testing Performance Characteristics of Methods 
                                for PM 10

53.40  General provisions.
53.41  Test conditions.
53.42  Generation of test atmospheres for wind tunnel tests.

[[Page 6]]

53.43  Test procedures.

   Subpart E_Procedures for Testing Physical (Design) and Performance 
Characteristics of Reference Methods and Class I Equivalent Methods for 
                                 PM 2.5

53.50  General provisions.
53.51  Demonstration of compliance with design specifications and 
          manufacturing and test requirements.
53.52  Leak check test.
53.53  Test for flow rate accuracy, regulation, measurement accuracy, 
          and cut-off.
53.54  Test for proper sampler operation following power interruptions.
53.55  Test for effect of variations in power line voltage and ambient 
          temperature.
53.56  Test for effect of variations in ambient pressure.
53.57  Test for filter temperature control during sampling and post-
          sampling periods.
53.58  Operational field precision and blank test.
53.59  Aerosol transport test for Class I equivalent method samplers.

Table E-1 to Subpart E of Part 53--Summary of Test Requirements for 
          Reference and Class I Equivalent Methods for PM 2.5
Table E-2 to Subpart E of Part 53--Spectral Energy Distribution and 
          Permitted Tolerance for Conducting Radiative Tests
Figure E-1 to Subpart E of Part 53--Designation Testing Checklist
Appendix A to Subpart E of Part 53--References

Subpart F_Procedures for Testing Performance Characteristics of Class II 
                      Equivalent Methods for PM 2.5

53.60  General provisions.
53.61  Test conditions for PM 2.5 reference method 
          equivalency.
53.62  Test procedure: Full wind tunnel test.
53.63  Test procedure: Wind tunnel inlet aspiration test.
53.64  Test procedure: Static fractionator test.
53.65  Test procedure: Loading test.
53.66  Test procedure: Volatility test.

Table F-1 to Subpart F of Part 53--Performance Specifications for PM 
          2.5 Class II Equivalent Samplers
Table F-2 to Subpart F of Part 53--Particle Sizes and Wind Speeds for 
          Full Wind Tunnel Test, Wind Tunnel Inlet Aspiration Test, and 
          Static Chamber Test
Table F-3 to Subpart F of Part 53--Critical Parameters of Idealized 
          Ambient Particle Size Distributions
Table F-4 to Subpart F of Part 53--Estimated Mass Concentration 
          Measurement of PM 2.5 for Idealized Coarse Aerosol 
          Size Distribution
Table F-5 to Subpart F of Part 53--Estimated Mass Concentration 
          Measurement of PM 2.5 for Idealized ``Typical'' 
          Coarse Aerosol Size Distribution
Table F-6 to Subpart F of Part 53--Estimated Mass Concentration 
          Measurement of PM 2.5 for Idealized Fine Aerosol 
          Size Distribution
Figure F-1 to Subpart F of Part 53--Designation Testing Checklist
Appendix A to Subpart F of Part 53--References

    Authority: Sec. 301(a) of the Clean Air Act (42 U.S.C. sec. 
1857g(a)), as amended by sec. 15(c)(2) of Pub. L. 91-604, 84 Stat. 1713, 
unless otherwise noted.

    Source: 40 FR 7049, Feb. 18, 1975, unless otherwise noted.



                      Subpart A_General Provisions

    Source: 62 FR 38784, July 18, 1997, unless otherwise noted.



Sec. 53.1  Definitions.

    Terms used but not defined in this part shall have the meaning given 
them by the Act.
    Act means the Clean Air Act (42 U.S.C. 1857-1857l), as amended.
    Additive and multiplicative bias means the linear regression 
intercept and slope of a linear plot fitted to corresponding candidate 
and reference method mean measurement data pairs.
    Administrator means the Administrator of the Environmental 
Protection Agency (EPA) or his or her authorized representative.
    Agency means the Environmental Protection Agency.
    Applicant means a person or entity who submits an application for a 
Federal reference method or Federal equivalent method determination 
under Sec. 53.4, or a person or entity who assumes the rights and 
obligations of an applicant under Sec. 53.7. Applicant may include a 
manufacturer, distributor, supplier, or vendor.
    Automated method or analyzer means a method for measuring 
concentrations of an ambient air pollutant in which sample collection 
(if necessary), analysis, and measurement are performed automatically by 
an instrument.

[[Page 7]]

    Candidate method means a method for measuring the concentration of 
an air pollutant in the ambient air for which an application for a 
Federal reference method determination or a Federal equivalent method 
determination is submitted in accordance with Sec. 53.4, or a method 
tested at the initiative of the Administrator in accordance with 
Sec. 53.7.
    Class I equivalent method means an equivalent method for PM 
2.5 or PM 10-2.5 which is based on a sampler that 
is very similar to the sampler specified for reference methods in 
appendix L or appendix O (as applicable) of part 50 of this chapter, 
with only minor deviations or modifications, as determined by EPA.
    Class II equivalent method means an equivalent method for PM 
2.5 or PM 10-2.5 that utilizes a PM 2.5 
sampler or PM 10-2.5 sampler in which integrated PM 
2.5 samples or PM 10-2.5 samples are obtained from 
the atmosphere by filtration and subjected to a subsequent filter 
conditioning process followed by a gravimetric mass determination, but 
which is not a Class I equivalent method because of substantial 
deviations from the design specifications of the sampler specified for 
reference methods in appendix L or appendix O (as applicable) of part 50 
of this chapter, as determined by EPA.
    Class III equivalent method means an equivalent method for PM 
2.5 or PM 10-2.5 that is an analyzer capable of 
providing PM 2.5 or PM 10-2.5 ambient air 
measurements representative of one-hour or less integrated PM 
2.5 or PM 10-2.5 concentrations as well as 24-hour 
measurements determined as, or equivalent to, the mean of 24 one-hour 
consecutive measurements.
    CO means carbon monoxide.
    Collocated means two or more air samplers, analyzers, or other 
instruments that are operated simultaneously while located side by side, 
separated by a distance that is large enough to preclude the air sampled 
by any of the devices from being affected by any of the other devices, 
but small enough so that all devices obtain identical or uniform ambient 
air samples that are equally representative of the general area in which 
the group of devices is located.
    Federal equivalent method (FEM) means a method for measuring the 
concentration of an air pollutant in the ambient air that has been 
designated as an equivalent method in accordance with this part; it does 
not include a method for which an equivalent method designation has been 
canceled in accordance with Sec. 53.11 or Sec. 53.16.
    Federal reference method (FRM) means a method of sampling and 
analyzing the ambient air for an air pollutant that is specified as a 
reference method in an appendix to part 50 of this chapter, or a method 
that has been designated as a reference method in accordance with this 
part; it does not include a method for which a reference method 
designation has been canceled in accordance with Sec. 53.11 or 
Sec. 53.16.
    ISO 9001-registered facility means a manufacturing facility that is 
either:
    (1) An International Organization for Standardization (ISO) 9001-
registered manufacturing facility, registered to the ISO 9001 standard 
(by the Registrar Accreditation Board (RAB) of the American Society for 
Quality Control (ASQC) in the United States), with registration 
maintained continuously; or
    (2) A facility that can be demonstrated, on the basis of information 
submitted to the EPA, to be operated according to an EPA-approved and 
periodically audited quality system which meets, to the extent 
appropriate, the same general requirements as an ISO 9001-registered 
facility for the design and manufacture of designated Federal reference 
method and Federal equivalent method samplers and monitors.
    ISO-certified auditor means an auditor who is either certified by 
the Registrar Accreditation Board (in the United States) as being 
qualified to audit quality systems using the requirements of recognized 
standards such as ISO 9001, or who, based on information submitted to 
the EPA, meets the same general requirements as provided for ISO-
certified auditors.
    Manual method means a method for measuring concentrations of an 
ambient air pollutant in which sample collection, analysis, or 
measurement, or some combination thereof, is performed manually. A 
method for PM 10 or PM 2.5 which utilizes a 
sampler that

[[Page 8]]

requires manual preparation, loading, and weighing of filter samples is 
considered a manual method even though the sampler may be capable of 
automatically collecting a series of sequential samples.
    NO means nitrogen oxide.
    NO2 means nitrogen dioxide.
    NOX means oxides of nitrogen and is defined as the sum of the 
concentrations of NO2 and NO.
    O3 means ozone.
    Operated simultaneously means that two or more collocated samplers 
or analyzers are operated concurrently with no significant difference in 
the start time, stop time, and duration of the sampling or measurement 
period.
    Pb means lead.
    PM means PM 10, PM 10C, PM 2.5, PM 
10-2.5, or particulate matter of unspecified size range.
    PM2.5 means particulate matter with an aerodynamic diameter less 
than or equal to a nominal 2.5 micrometers as measured by a reference 
method based on appendix L of part 50 of this chapter and designated in 
accordance with part 53 of this chapter, by an equivalent method 
designated in accordance with part 53 of this chapter, or by an approved 
regional method designated in accordance with appendix C to this part.
    PM10 means particulate matter with an aerodynamic diameter less than 
or equal to a nominal 10 micrometers as measured by a reference method 
based on appendix J of part 50 of this chapter and designated in 
accordance with this part or by an equivalent method designated in 
accordance with this part.
    PM10C means particulate matter with an aerodynamic diameter less 
than or equal to a nominal 10 micrometers as measured by a reference 
method based on appendix O of part 50 of this chapter and designated in 
accordance with this part or by an equivalent method designated in 
accordance with this part.
    PM10	2.5 means particulate matter with an aerodynamic diameter less 
than or equal to a nominal 10 micrometers and greater than a nominal 2.5 
micrometers as measured by a reference method based on appendix O to 
part 50 of this chapter and designated in accordance with this part or 
by an equivalent method designated in accordance with this part.
    PM2.5 sampler means a device, associated with a manual method for 
measuring PM 2.5, designed to collect PM 2.5 from 
an ambient air sample, but lacking the ability to automatically analyze 
or measure the collected sample to determine the mass concentrations of 
PM 2.5 in the sampled air.
    PM10 sampler means a device, associated with a manual method for 
measuring PM 10, designed to collect PM 10 from an 
ambient air sample, but lacking the ability to automatically analyze or 
measure the collected sample to determine the mass concentrations of PM 
10 in the sampled air.
    PM10C sampler means a PM 10 sampler that meets the 
special requirements for a PM 10C sampler that is part of a 
PM 10-2.5 reference method sampler, as specified in appendix 
O to part 50 of this chapter, or a PM 10 sampler that is part 
of a PM 10-2.5 sampler that has been designated as an 
equivalent method for PM 10-2.5.
    PM10	2.5 sampler means a sampler, or a collocated pair of samplers, 
associated with a manual method for measuring PM 10-2.5 and 
designed to collect either PM 10-2.5 directly or PM 
10C and PM 2.5 separately and simultaneously from 
concurrent ambient air samples, but lacking the ability to automatically 
analyze or measure the collected sample(s) to determine the mass 
concentrations of PM 10-2.5 in the sampled air.
    Sequential samples for PM samplers means two or more PM samples for 
sequential (but not necessarily contiguous) time periods that are 
collected automatically by the same sampler without the need for 
intervening operator service.
    SO2 means sulfur dioxide.
    Test analyzer means an analyzer subjected to testing as part of a 
candidate method in accordance with subparts B, C, D, E, or F of this 
part, as applicable.
    Test sampler means a PM 10 sampler, PM 2.5 
sampler, or PM 10-2.5 sampler subjected to testing as part of 
a candidate method in accordance with subparts C, D, E, or F of this 
part.
    Ultimate purchaser means the first person or entity who purchases a 
Federal reference method or a Federal

[[Page 9]]

equivalent method for purposes other than resale.

[71 FR 61271, Oct. 17, 2006]



Sec. 53.2  General requirements for a reference method determination.

    The following general requirements for a Federal reference method 
(FRM) determination are summarized in table A-1 of this subpart.
    (a) Manual methods--(1) Sulfur dioxide (SO2) and Lead. 
For measuring SO2 and lead, appendixes A-2 and G of part 50 
of this chapter specify unique manual FRM for measuring those 
pollutants. Except as provided in Sec. 53.16, other manual methods for 
lead will not be considered for a reference method determination under 
this part.
    (2) PM10. A FRM for measuring PM 10 must be a manual 
method that meets all requirements specified in appendix J of part 50 of 
this chapter and must include a PM 10 sampler that has been 
shown in accordance with this part to meet all requirements specified in 
this subpart A and subpart D of this part.
    (3) PM2.5. A FRM for measuring PM 2.5 must be a manual 
method that meets all requirements specified in appendix L of part 50 of 
this chapter and must include a PM 2.5 sampler that has been 
shown in accordance with this part to meet the applicable requirements 
specified in this subpart A and subpart E of this part. Further, FRM 
samplers must be manufactured in an ISO 9001-registered facility, as 
defined in Sec. 53.1 and as set forth in Sec. 53.51.
    (4) PM10	2.5. A FRM for measuring PM 10-2.5 must be a 
manual method that meets all requirements specified in appendix O of 
part 50 of this chapter and must include PM 10C and PM 
2.5 samplers that have been shown in accordance with this 
part to meet the applicable requirements specified in this subpart A and 
subpart E of this part. Further, PM 10-2.5 FRM samplers must 
be manufactured in an ISO 9001-registered facility, as defined in 
Sec. 53.1 and as set forth in Sec. 53.51.
    (b) Automated methods. An automated FRM for measuring 
SO2, CO, O3, or NO2 must utilize the 
measurement principle and calibration procedure specified in the 
appropriate appendix to part 50 of this chapter (appendix A-1 only for 
SO2 methods) and must have been shown in accordance with this 
part to meet the requirements specified in this subpart A and subpart B 
of this part.

[71 FR 61271, Oct. 17, 2006, as amended at 75 FR 35597, June 22, 2010]



Sec. 53.3  General requirements for an equivalent method determination.

    (a) Manual methods. A manual Federal equivalent method (FEM) must 
have been shown in accordance with this part to satisfy the applicable 
requirements specified in this subpart A and subpart C of this part. In 
addition, a PM sampler associated with a manual method for PM 
10, PM 2.5, or PM 10-2.5 must have been 
shown in accordance with this part to satisfy the following additional 
requirements, as applicable:
    (1) PM10. A PM 10 sampler associated with a manual method 
for PM 10 must satisfy the requirements of subpart D of this 
part.
    (2) PM2.5 Class I. A PM 2.5 Class I FEM sampler must also 
satisfy all requirements of subpart E of this part, which shall include 
appropriate demonstration that each and every deviation or modification 
from the FRM sampler specifications does not significantly alter the 
performance of the sampler.
    (3) PM2.5 Class II. (i) A PM 2.5 Class II FEM sampler 
must also satisfy the applicable requirements of subparts E and F of 
this part or the alternative requirements in paragraph (a)(3)(ii) of 
this section.
    (ii) In lieu of the applicable requirements specified for Class II 
PM 2.5 methods in subparts C and F of this part, a Class II 
PM 2.5 FEM sampler may alternatively meet the applicable 
requirements in paragraphs (b)(3)(i) through (iii) of this section and 
the testing, performance, and comparability requirements specified for 
Class III equivalent methods for PM 2.5 in subpart C of this 
part.
    (4) PM10	2.5 Class I. A PM 10-2.5 Class I FEM sampler 
must also satisfy the applicable requirements of subpart E of this part 
(there are no additional requirements specifically for Class I PM 
10-2.5 methods in subpart C of this part).
    (5) PM10	2.5 Class II. (i) A PM 10-2.5 Class II FEM 
sampler must also satisfy the applicable requirements of subpart C of 
this part and also the applicable

[[Page 10]]

requirements and provisions of paragraphs (b)(3)(i) through (iii) of 
this section, or the alternative requirements in paragraph (a)(5)(ii) of 
this section.
    (ii) In lieu of the applicable requirements specified for Class II 
PM 10-2.5 methods in subpart C of this part and in paragraph 
(b)(3)(iii) of this section, a Class II PM 10-2.5 FEM sampler 
may alternatively meet the applicable requirements in paragraphs 
(b)(3)(i) and (ii) of this section and the testing, performance, and 
comparability requirements specified for Class III FEMs for PM 
10-2.5 in subpart C of this part.
    (6) ISO 9001. All designated FEMs for PM 2.5 or PM 
10-2.5 must be manufactured in an ISO 9001-registered 
facility, as defined in Sec. 53.1 and as set forth in Sec. 53.51.
    (b) Automated methods. All types of automated FEMs must have been 
shown in accordance with this part to satisfy the applicable 
requirements specified in this subpart A and subpart C of this part. In 
addition, an automated FEM must have been shown in accordance with this 
part to satisfy the following additional requirements, as applicable:
    (1) An automated FEM for pollutants other than PM must be shown in 
accordance with this part to satisfy the applicable requirements 
specified in subpart B of this part.
    (2) An automated FEM for PM 10 must be shown in 
accordance with this part to satisfy the applicable requirements of 
subpart D of this part.
    (3) A Class III automated FEM for PM 2.5 or PM 
10-2.5 must be shown in accordance with this part to satisfy 
the requirements in paragraphs (b)(3)(i) through (iii) of this section, 
as applicable.
    (i) All pertinent requirements of 40 CFR part 50, appendix L, 
including sampling height, range of operational conditions, ambient 
temperature and pressure sensors, outdoor enclosure, electrical power 
supply, control devices and operator interfaces, data output port, 
operation/instruction manual, data output and reporting requirements, 
and any other requirements that would be reasonably applicable to the 
method, unless adequate (as determined by the Administrator) rationale 
can be provided to support the contention that a particular requirement 
does not or should not be applicable to the particular candidate method.
    (ii) All pertinent tests and requirements of subpart E of this part, 
such as instrument manufacturing quality control; final assembly and 
inspection; manufacturer's audit checklists; leak checks; flow rate 
accuracy, measurement accuracy, and flow rate cut-off; operation 
following power interruptions; effect of variations in power line 
voltage, ambient temperature and ambient pressure; and aerosol 
transport; unless adequate (as determined by the Administrator) 
rationale can be provided to support the contention that a particular 
test or requirement does not or should not be applicable to the 
particular candidate method.
    (iii) Candidate methods shall be tested for and meet any performance 
requirements, such as inlet aspiration, particle size separation or 
selection characteristics, change in particle separation or selection 
characteristics due to loading or other operational conditions, or 
effects of surface exposure and particle volatility, determined by the 
Administrator to be necessary based on the nature, design, and specifics 
of the candidate method and the extent to which it deviates from the 
design and performance characteristics of the reference method. These 
performance requirements and the specific test(s) for them will be 
determined by Administrator for each specific candidate method or type 
of candidate method and may be similar to or based on corresponding 
tests and requirements set forth in subpart F of this part or may be 
special requirements and tests tailored by the Administrator to the 
specific nature, design, and operational characteristics of the 
candidate method. For example, a candidate method with an inlet design 
deviating substantially from the design of the reference method inlet 
would likely be subject to an inlet aspiration test similar to that set 
forth in Sec. 53.63. Similarly, a candidate method having an inertial 
fractionation system substantially different from that of the reference 
method would likely be subject to a static fractionation test and a 
loading test similar to those set forth in Secs. 53.64 and 53.65, 
respectively. A candidate method

[[Page 11]]

with more extensive or profound deviations from the design and function 
of the reference method may be subject to other tests, full wind-tunnel 
tests similar to those described in Sec. 53.62, or to special tests 
adapted or developed individually to accommodate the specific type of 
measurement or operation of the candidate method.
    (4) All designated FEM for PM 2.5 or PM 10-2.5 
must be manufactured in an ISO 9001-registered facility, as defined in 
Sec. 53.1 and as set forth in Sec. 53.51.

[71 FR 61271, Oct. 17, 2006]



Sec. 53.4  Applications for reference or equivalent method determinations.

    (a) Applications for FRM or FEM determinations shall be submitted in 
duplicate to: Director, National Exposure Research Laboratory, Reference 
and Equivalent Method Program (MD-D205-03), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711 
(Commercial delivery address: 4930 Old Page Road, Durham, North Carolina 
27703).
    (b) Each application shall be signed by an authorized representative 
of the applicant, shall be marked in accordance with Sec. 53.15 (if 
applicable), and shall contain the following:
    (1) A clear identification of the candidate method, which will 
distinguish it from all other methods such that the method may be 
referred to unambiguously. This identification must consist of a unique 
series of descriptors such as title, identification number, analyte, 
measurement principle, manufacturer, brand, model, etc., as necessary to 
distinguish the method from all other methods or method variations, both 
within and outside the applicant's organization.
    (2) A detailed description of the candidate method, including but 
not limited to the following: The measurement principle, manufacturer, 
name, model number and other forms of identification, a list of the 
significant components, schematic diagrams, design drawings, and a 
detailed description of the apparatus and measurement procedures. 
Drawings and descriptions pertaining to candidate methods or samplers 
for PM 2.5 or PM 10-2.5 must meet all applicable 
requirements in reference 1 of appendix A of this subpart, using 
appropriate graphical, nomenclature, and mathematical conventions such 
as those specified in references 3 and 4 of appendix A of this subpart.
    (3) A copy of a comprehensive operation or instruction manual 
providing a complete and detailed description of the operational, 
maintenance, and calibration procedures prescribed for field use of the 
candidate method and all instruments utilized as part of that method 
(under Sec. 53.9(a)).
    (i) As a minimum this manual shall include:
    (A) Description of the method and associated instruments.
    (B) Explanation of all indicators, information displays, and 
controls.
    (C) Complete setup and installation instructions, including any 
additional materials or supplies required.
    (D) Details of all initial or startup checks or acceptance tests and 
any auxiliary equipment required.
    (E) Complete operational instructions.
    (F) Calibration procedures and descriptions of required calibration 
equipment and standards.
    (G) Instructions for verification of correct or proper operation.
    (H) Trouble-shooting guidance and suggested corrective actions for 
abnormal operation.
    (I) Required or recommended routine, periodic, and preventative 
maintenance and maintenance schedules.
    (J) Any calculations required to derive final concentration 
measurements.
    (K) Appropriate references to any applicable appendix of part 50 of 
this chapter; reference 6 of appendix A of this subpart; and any other 
pertinent guidelines.
    (ii) The manual shall also include adequate warning of potential 
safety hazards that may result from normal use and/or malfunction of the 
method and a description of necessary safety precautions. (See 
Sec. 53.9(b).) However, the previous requirement shall not be 
interpreted to constitute or imply any warranty of safety of the method 
by EPA. For samplers and automated methods, the manual shall include a 
clear description of all procedures pertaining to installation, 
operation, preventive maintenance, and troubleshooting and shall also 
include parts

[[Page 12]]

identification diagrams. The manual may be used to satisfy the 
requirements of paragraphs (b)(1) and (2) of this section to the extent 
that it includes information necessary to meet those requirements.
    (4) A statement that the candidate method has been tested in 
accordance with the procedures described in subparts B, C, D, E, and/or 
F of this part, as applicable.
    (5) Descriptions of test facilities and test configurations, test 
data, records, calculations, and test results as specified in subparts 
B, C, D, E, and/or F of this part, as applicable. Data must be 
sufficiently detailed to meet appropriate principles described in part 
B, sections 3.3.1 (paragraph 1) and 3.5.1 and part C, section 4.6 of 
reference 2 of appendix A of this subpart; and in paragraphs 1 through 3 
of section 4.8 (Records) of reference 5 of appendix A of this subpart. 
Salient requirements from these references include the following:
    (i) The applicant shall maintain and include records of all relevant 
measuring equipment, including the make, type, and serial number or 
other identification, and most recent calibration with identification of 
the measurement standard or standards used and their National Institute 
of Standards and Technology (NIST) traceability. These records shall 
demonstrate the measurement capability of each item of measuring 
equipment used for the application and include a description and 
justification (if needed) of the measurement setup or configuration in 
which it was used for the tests. The calibration results shall be 
recorded and identified in sufficient detail so that the traceability of 
all measurements can be determined and any measurement could be 
reproduced under conditions close to the original conditions, if 
necessary, to resolve any anomalies.
    (ii) Test data shall be collected according to the standards of good 
practice and by qualified personnel. Test anomalies or irregularities 
shall be documented and explained or justified. The impact and 
significance of the deviation on test results and conclusions shall be 
determined. Data collected shall correspond directly to the specified 
test requirement and be labeled and identified clearly so that results 
can be verified and evaluated against the test requirement. Calculations 
or data manipulations must be explained in detail so that they can be 
verified.
    (6) A statement that the method, analyzer, or sampler tested in 
accordance with this part is representative of the candidate method 
described in the application.
    (c) For candidate automated methods and candidate manual methods for 
PM 10, PM 2.5, and PM 10-2.5 the 
application shall also contain the following:
    (1) A detailed description of the quality system that will be 
utilized, if the candidate method is designated as a reference or 
equivalent method, to ensure that all analyzers or samplers offered for 
sale under that designation will have essentially the same performance 
characteristics as the analyzer(s) or samplers tested in accordance with 
this part. In addition, the quality system requirements for candidate 
methods for PM 2.5 and PM 10-2.5 must be described 
in sufficient detail, based on the elements described in section 4 of 
reference 1 (Quality System Requirements) of appendix A of this subpart. 
Further clarification is provided in the following sections of reference 
2 of appendix A of this subpart: part A (Management Systems), sections 
2.2 (Quality System and Description), 2.3 (Personnel Qualification and 
Training), 2.4 (Procurement of Items and Services), 2.5 (Documents and 
Records), and 2.7 (Planning); part B (Collection and Evaluation of 
Environmental Data), sections 3.1 (Planning and Scoping), 3.2 (Design of 
Data Collection Operations), and 3.5 (Assessment and Verification of 
Data Usability); and part C (Operation of Environmental Technology), 
sections 4.1 (Planning), 4.2 (Design of Systems), and 4.4 (Operation of 
Systems).
    (2) A description of the durability characteristics of such 
analyzers or samplers (see Sec. 53.9(c)). For methods for PM 
2.5 and PM 10-2.5 the warranty program must ensure 
that the required specifications (see Table A-1 to this subpart) will be 
met throughout the warranty period and that the applicant accepts 
responsibility and liability for ensuring this conformance or for 
resolving any nonconformities, including

[[Page 13]]

all necessary components of the system, regardless of the original 
manufacturer. The warranty program must be described in sufficient 
detail to meet appropriate provisions of the ANSI/ASQC and ISO 9001 
standards (references 1 and 2 in appendix A of this subpart) for 
controlling conformance and resolving nonconformance, particularly 
sections 4.12, 4.13, and 4.14 of reference 1 in appendix A of this 
subpart.
    (i) Section 4.12 in reference 1 of appendix A of this subpart 
requires the manufacturer to establish and maintain a system of 
procedures for identifying and maintaining the identification of 
inspection and test status throughout all phases of manufacturing to 
ensure that only instruments that have passed the required inspections 
and tests are released for sale.
    (ii) Section 4.13 in reference 1 of appendix A of this subpart 
requires documented procedures for control of nonconforming product, 
including review and acceptable alternatives for disposition; section 
4.14 in reference 1 of appendix A of this subpart requires documented 
procedures for implementing corrective (4.14.2) and preventive (4.14.3) 
action to eliminate the causes of actual or potential nonconformities. 
In particular, section 4.14.3 requires that potential causes of 
nonconformities be eliminated by using information such as service 
reports and customer complaints to eliminate potential causes of 
nonconformities.
    (d) For candidate reference or equivalent methods for PM 
2.5 and Class II or Class III equivalent methods for PM 
10-2.5, the applicant, if requested by EPA, shall provide to 
EPA for test purposes one sampler or analyzer that is representative of 
the sampler or analyzer associated with the candidate method. The 
sampler or analyzer shall be shipped FOB destination to Director, 
National Exposure Research Laboratory, Reference and Equivalent Method 
Program (MD-D205-03), U.S. Environmental Protection Agency, 4930 Old 
Page Road, Durham, North Carolina 27703, scheduled to arrive concurrent 
with or within 30 days of the arrival of the other application 
materials. This analyzer or sampler may be subjected to various tests 
that EPA determines to be necessary or appropriate under Sec. 53.5(f), 
and such tests may include special tests not described in this part. If 
the instrument submitted under this paragraph malfunctions, becomes 
inoperative, or fails to perform as represented in the application 
before the necessary EPA testing is completed, the applicant shall be 
afforded an opportunity to repair or replace the device at no cost to 
EPA. Upon completion of EPA testing, the analyzer or sampler submitted 
under this paragraph shall be repacked by EPA for return shipment to the 
applicant, using the same packing materials used for shipping the 
instrument to EPA unless alternative packing is provided by the 
applicant. Arrangements for, and the cost of, return shipment shall be 
the responsibility of the applicant. The EPA does not warrant or assume 
any liability for the condition of the analyzer or sampler upon return 
to the applicant.

[71 FR 61271, Oct. 17, 2006]



Sec. 53.5  Processing of applications.

    After receiving an application for a FRM or FEM determination, the 
Administrator will, within 120 calendar days after receipt of the 
application, take one or more of the following actions:
    (a) Send notice to the applicant, in accordance with Sec. 53.8, that 
the candidate method has been determined to be a reference or equivalent 
method.
    (b) Send notice to the applicant that the application has been 
rejected, including a statement of reasons for rejection.
    (c) Send notice to the applicant that additional information must be 
submitted before a determination can be made and specify the additional 
information that is needed (in such cases, the 120-day period shall 
commence upon receipt of the additional information).
    (d) Send notice to the applicant that additional test data must be 
submitted and specify what tests are necessary and how the tests shall 
be interpreted (in such cases, the 120-day period shall commence upon 
receipt of the additional test data).

[[Page 14]]

    (e) Send notice to the applicant that the application has been found 
to be substantially deficient or incomplete and cannot be processed 
until additional information is submitted to complete the application 
and specify the general areas of substantial deficiency.
    (f) Send notice to the applicant that additional tests will be 
conducted by the Administrator, specifying the nature of and reasons for 
the additional tests and the estimated time required (in such cases, the 
120-day period shall commence 1 calendar day after the additional tests 
have been completed).

[71 FR 61271, Oct. 17, 2006]



Sec. 53.6  Right to witness conduct of tests.

    (a) Submission of an application for a reference or equivalent 
method determination shall constitute consent for the Administrator or 
the Administrator's authorized representative, upon presentation of 
appropriate credentials, to witness or observe any tests required by 
this part in connection with the application or in connection with any 
modification or intended modification of the method by the applicant.
    (b) The applicant shall have the right to witness or observe any 
test conducted by the Administrator in connection with the application 
or in connection with any modification or intended modification of the 
method by the applicant.
    (c) Any tests by either party that are to be witnessed or observed 
by the other party shall be conducted at a time and place mutually 
agreeable to both parties.



Sec. 53.7  Testing of methods at the initiative of the Administrator.

    (a) In the absence of an application for a reference or equivalent 
method determination, the Administrator may conduct the tests required 
by this part for such a determination, may compile such other 
information as may be necessary in the judgment of the Administrator to 
make such a determination, and on the basis of the tests and information 
may determine that a method satisfies applicable requirements of this 
part.
    (b) In the absence of an application requesting the Administrator to 
consider revising an appendix to part 50 of this chapter in accordance 
with Sec. 53.16, the Administrator may conduct such tests and compile 
such information as may be necessary in the Administrator's judgment to 
make a determination under Sec. 53.16(d) and on the basis of the tests 
and information make such a determination.
    (c) If a method tested in accordance with this section is designated 
as a reference or equivalent method in accordance with Sec. 53.8 or is 
specified or designated as a reference method in accordance with 
Sec. 53.16, any person or entity who offers the method for sale as a 
reference or equivalent method thereafter shall assume the rights and 
obligations of an applicant for purposes of this part, with the 
exception of those pertaining to submission and processing of 
applications.



Sec. 53.8  Designation of reference and equivalent methods.

    (a) A candidate method determined by the Administrator to satisfy 
the applicable requirements of this part shall be designated as a FRM or 
FEM (as applicable) by and upon publication of a notice of the 
designation in the Federal Register.
    (b) Upon designation, a notice indicating that the method has been 
designated as a FRM or FEM shall be sent to the applicant.
    (c) The Administrator will maintain a current list of methods 
designated as FRM or FEM in accordance with this part and will send a 
copy of the list to any person or group upon request. A copy of the list 
will be available via the Internet and may be available from other 
sources.

[71 FR 61276, Oct. 17, 2006, as amended at 75 FR 35597, June 22, 2010]



Sec. 53.9  Conditions of designation.

    Designation of a candidate method as a FRM or FEM shall be 
conditioned to the applicant's compliance with the following 
requirements. Failure to comply with any of the requirements shall 
constitute a ground for cancellation of the designation in accordance 
with Sec. 53.11.

[[Page 15]]

    (a) Any method offered for sale as a FRM or FEM shall be accompanied 
by a copy of the manual referred to in Sec. 53.4(b)(3) when delivered to 
any ultimate purchaser, and an electronic copy of the manual suitable 
for incorporating into user-specific standard operating procedure 
documents shall be readily available to any users.
    (b) Any method offered for sale as a FRM or FEM shall generate no 
unreasonable hazard to operators or to the environment during normal use 
or when malfunctioning.
    (c) Any analyzer, PM 10 sampler, PM 2.5 
sampler, or PM 10-2.5 sampler offered for sale as part of an 
FRM or FEM shall function within the limits of the performance 
specifications referred to in Sec. 53.20(a), Sec. 53.30(a), Sec. 53.35, 
Sec. 53.50, or Sec. 53.60, as applicable, for at least 1 year after 
delivery and acceptance when maintained and operated in accordance with 
the manual referred to in Sec. 53.4(b)(3).
    (d) Any analyzer, PM 10 sampler, PM 2.5 
sampler, or PM 10-2.5 sampler offered for sale as a FRM or 
FEM shall bear a prominent, permanently affixed label or sticker 
indicating that the analyzer or sampler has been designated by EPA as a 
FRM or FEM (as applicable) in accordance with this part and displaying 
any designated method identification number that may be assigned by EPA.
    (e) If an analyzer is offered for sale as a FRM or FEM and has one 
or more selectable ranges, the label or sticker required by paragraph 
(d) of this section shall be placed in close proximity to the range 
selector and shall indicate clearly which range or ranges have been 
designated as parts of the FRM or FEM.
    (f) An applicant who offers analyzers, PM 10 samplers, PM 
2.5 samplers, or PM 10-2.5 samplers for sale as 
FRM or FEMs shall maintain an accurate and current list of the names and 
mailing addresses of all ultimate purchasers of such analyzers or 
samplers. For a period of 7 years after publication of the FRM or FEM 
designation applicable to such an analyzer or sampler, the applicant 
shall notify all ultimate purchasers of the analyzer or sampler within 
30 days if the designation has been canceled in accordance with 
Sec. 53.11 or Sec. 53.16 or if adjustment of the analyzer or sampler is 
necessary under Sec. 53.11(b).
    (g) If an applicant modifies an analyzer, PM 10 sampler, 
PM 2.5 sampler, or PM 10-2.5 sampler that has been 
designated as a FRM or FEM, the applicant shall not sell the modified 
analyzer or sampler as a reference or equivalent method nor attach a 
label or sticker to the modified analyzer or sampler under paragraph (d) 
or (e) of this section until the applicant has received notice under 
Sec. 53.14(c) that the existing designation or a new designation will 
apply to the modified analyzer or sampler or has applied for and 
received notice under Sec. 53.8(b) of a new FRM or FEM determination for 
the modified analyzer or sampler.
    (h) An applicant who has offered PM 2.5 or PM 
10-2.5 samplers or analyzers for sale as part of a FRM or FEM 
may continue to do so only so long as the facility in which the samplers 
or analyzers are manufactured continues to be an ISO 9001-registered 
facility, as set forth in subpart E of this part. In the event that the 
ISO 9001 registration for the facility is withdrawn, suspended, or 
otherwise becomes inapplicable, either permanently or for some specified 
time interval, such that the facility is no longer an ISO 9001-
registered facility, the applicant shall notify EPA within 30 days of 
the date the facility becomes other than an ISO 9001-registered 
facility, and upon such notification, EPA shall issue a preliminary 
finding and notification of possible cancellation of the FRM or FEM 
designation under Sec. 53.11.

[71 FR 61276, Oct. 17, 2006, as amended at 78 FR 3281, Jan. 15, 2013; 80 
FR 65460, Oct. 26, 2015]



Sec. 53.10  Appeal from rejection of application.

    Any applicant whose application for a reference or equivalent method 
determination has been rejected may appeal the Administrator's decision 
by taking one or more of the following actions:
    (a) The applicant may submit new or additional information in 
support of the application.
    (b) The applicant may request that the Administrator reconsider the 
data and information already submitted.

[[Page 16]]

    (c) The applicant may request that any test conducted by the 
Administrator that was a material factor in the decision to reject the 
application be repeated.



Sec. 53.11  Cancellation of reference or equivalent method designation.

    (a) Preliminary finding. If the Administrator makes a preliminary 
finding on the basis of any available information that a representative 
sample of a method designated as a reference or equivalent method and 
offered for sale as such does not fully satisfy the requirements of this 
part or that there is any violation of the requirements set forth in 
Sec. 53.9, the Administrator may initiate proceedings to cancel the 
designation in accordance with the following procedures.
    (b) Notification and opportunity to demonstrate or achieve 
compliance. (1) After making a preliminary finding in accordance with 
paragraph (a) of this section, the Administrator will send notice of the 
preliminary finding to the applicant, together with a statement of the 
facts and reasons on which the preliminary finding is based, and will 
publish notice of the preliminary finding in the Federal Register.
    (2) The applicant will be afforded an opportunity to demonstrate or 
to achieve compliance with the requirements of this part within 60 days 
after publication of notice in accordance with paragraph (b)(1) of this 
section or within such further period as the Administrator may allow, by 
demonstrating to the satisfaction of the Administrator that the method 
in question satisfies the requirements of this part, by commencing a 
program to make any adjustments that are necessary to bring the method 
into compliance, or by taking such action as may be necessary to cure 
any violation of the requirements of Sec. 53.9. If adjustments are 
necessary to bring the method into compliance, all such adjustments 
shall be made within a reasonable time as determined by the 
Administrator. If the applicant demonstrates or achieves compliance in 
accordance with this paragraph (b)(2), the Administrator will publish 
notice of such demonstration or achievement in the Federal Register.
    (c) Request for hearing. Within 60 days after publication of a 
notice in accordance with paragraph (b)(1) of this section, the 
applicant or any interested person may request a hearing as provided in 
Sec. 53.12.
    (d) Notice of cancellation. If, at the end of the period referred to 
in paragraph (b)(2) of this section, the Administrator determines that 
the reference or equivalent method designation should be canceled, a 
notice of cancellation will be published in the Federal Register and the 
designation will be deleted from the list maintained under Sec. 53.8(c). 
If a hearing has been requested and granted in accordance with 
Sec. 53.12, action under this paragraph (d) will be taken only after 
completion of proceedings (including any administrative review) 
conducted in accordance with Sec. 53.13 and only if the decision of the 
Administrator reached in such proceedings is that the designation in 
question should be canceled.



Sec. 53.12  Request for hearing on cancellation.

    Within 60 days after publication of a notice in accordance with 
Sec. 53.11(b)(1), the applicant or any interested person may request a 
hearing on the Administrator's action. If, after reviewing the request 
and supporting data, the Administrator finds that the request raises a 
substantial issue of fact, a hearing will be granted in accordance with 
Sec. 53.13 with respect to such issue. The request shall be in writing, 
signed by an authorized representative of the applicant or interested 
person, and shall include a statement specifying:
    (a) Any objections to the Administrator's action.
    (b) Data or other information in support of such objections.



Sec. 53.13  Hearings.

    (a)(1) After granting a request for a hearing under Sec. 53.12, the 
Administrator will designate a presiding officer for the hearing.
    (2) If a time and place for the hearing have not been fixed by the 
Administrator, the hearing will be held as soon as practicable at a time 
and place fixed by the presiding officer, except that the hearing shall 
in no case be held sooner than 30 days after publication of

[[Page 17]]

a notice of hearing in the Federal Register.
    (3) For purposes of the hearing, the parties shall include EPA, the 
applicant or interested person(s) who requested the hearing, and any 
person permitted to intervene in accordance with paragraph (c) of this 
section.
    (4) The Deputy General Counsel or the Deputy General Counsel's 
representative will represent EPA in any hearing under this section.
    (5) Each party other than EPA may be represented by counsel or by 
any other duly authorized representative.
    (b)(1) Upon appointment, the presiding officer will establish a 
hearing file. The file shall contain copies of the notices issued by the 
Administrator pursuant to Sec. 53.11(b)(1), together with any 
accompanying material, the request for a hearing and supporting data 
submitted therewith, the notice of hearing published in accordance with 
paragraph (a)(2) of this section, and correspondence and other material 
data relevant to the hearing.
    (2) The hearing file shall be available for inspection by the 
parties or their representatives at the office of the presiding officer, 
except to the extent that it contains information identified in 
accordance with Sec. 53.15.
    (c) The presiding officer may permit any interested person to 
intervene in the hearing upon such a showing of interest as the 
presiding officer may require; provided that permission to intervene may 
be denied in the interest of expediting the hearing where it appears 
that the interests of the person seeking to intervene will be adequately 
represented by another party (or by other parties), including EPA.
    (d)(1) The presiding officer, upon the request of any party or at 
the officer's discretion, may arrange for a prehearing conference at a 
time and place specified by the officer to consider the following:
    (i) Simplification of the issues.
    (ii) Stipulations, admissions of fact, and the introduction of 
documents.
    (iii) Limitation of the number of expert witnesses.
    (iv) Possibility of agreement on disposing of all or any of the 
issues in dispute.
    (v) Such other matters as may aid in the disposition of the hearing, 
including such additional tests as may be agreed upon by the parties.
    (2) The results of the conference shall be reduced to writing by the 
presiding officer and made part of the record.
    (e)(1) Hearings shall be conducted by the presiding officer in an 
informal but orderly and expeditious manner. The parties may offer oral 
or written evidence, subject to exclusion by the presiding officer of 
irrelevant, immaterial, or repetitious evidence.
    (2) Witnesses shall be placed under oath.
    (3) Any witness may be examined or cross-examined by the presiding 
officer, the parties, or their representatives. The presiding officer 
may, at his/her discretion, limit cross-examination to relevant and 
material issues.
    (4) Hearings shall be reported verbatim. Copies of transcripts of 
proceedings may be purchased from the reporter.
    (5) All written statements, charts, tabulations, and data offered in 
evidence at the hearing shall, upon a showing satisfactory to the 
presiding officer of their authenticity, relevancy, and materiality, be 
received in evidence and shall constitute part of the record.
    (6) Oral argument shall be permitted. The presiding officer may 
limit oral presentations to relevant and material issues and designate 
the amount of time allowed for oral argument.
    (f)(1) The presiding officer shall make an initial decision which 
shall include written findings and conclusions and the reasons therefore 
on all the material issues of fact, law, or discretion presented on the 
record. The findings, conclusions, and written decision shall be 
provided to the parties and made part of the record. The initial 
decision shall become the decision of the Administrator without further 
proceedings unless there is an appeal to, or review on motion of, the 
Administrator within 30 calendar days after the initial decision is 
filed.
    (2) On appeal from or review of the initial decision, the 
Administrator will have all the powers consistent with making the 
initial decision, including the discretion to require or allow

[[Page 18]]

briefs, oral argument, the taking of additional evidence or the 
remanding to the presiding officer for additional proceedings. The 
decision by the Administrator will include written findings and 
conclusions and the reasons or basis therefore on all the material 
issues of fact, law, or discretion presented on the appeal or considered 
in the review.



Sec. 53.14  Modification of a reference or equivalent method.

    (a) An applicant who offers a method for sale as a reference or 
equivalent method shall report to the EPA Administrator prior to 
implementation any intended modification of the method, including but 
not limited to modifications of design or construction or of operational 
and maintenance procedures specified in the operation manual (see 
Sec. 53.9(g)). The report shall be signed by an authorized 
representative of the applicant, marked in accordance with Sec. 53.15 
(if applicable), and addressed as specified in Sec. 53.4(a).
    (b) A report submitted under paragraph (a) of this section shall 
include:
    (1) A description, in such detail as may be appropriate, of the 
intended modification.
    (2) A brief statement of the applicant's belief that the 
modification will, will not, or may affect the performance 
characteristics of the method.
    (3) A brief statement of the probable effect if the applicant 
believes the modification will or may affect the performance 
characteristics of the method.
    (4) Such further information, including test data, as may be 
necessary to explain and support any statement required by paragraphs 
(b)(2) and (b)(3) of this section.
    (c) Within 90 calendar days after receiving a report under paragraph 
(a) of this section, the Administrator will take one or more of the 
following actions:
    (1) Notify the applicant that the designation will continue to apply 
to the method if the modification is implemented.
    (2) Send notice to the applicant that a new designation will apply 
to the method (as modified) if the modification is implemented, submit 
notice of the determination for publication in the Federal Register, and 
revise or supplement the list referred to in Sec. 53.8(c) to reflect the 
determination.
    (3) Send notice to the applicant that the designation will not apply 
to the method (as modified) if the modification is implemented and 
submit notice of the determination for publication in the Federal 
Register.
    (4) Send notice to the applicant that additional information must be 
submitted before a determination can be made and specify the additional 
information that is needed (in such cases, the 30-day period shall 
commence upon receipt of the additional information).
    (5) Send notice to the applicant that additional tests are necessary 
and specify what tests are necessary and how they shall be interpreted 
(in such cases, the 30-day period shall commence upon receipt of the 
additional test data).
    (6) Send notice to the applicant that additional tests will be 
conducted by the Administrator and specify the reasons for and the 
nature of the additional tests (in such cases, the 30-day period shall 
commence 1 calendar day after the additional tests are completed).
    (d) An applicant who has received a notice under paragraph (c)(3) of 
this section may appeal the Administrator's action as follows:
    (1) The applicant may submit new or additional information pertinent 
to the intended modification.
    (2) The applicant may request the Administrator to reconsider data 
and information already submitted.
    (3) The applicant may request that the Administrator repeat any test 
conducted that was a material factor in the Administrator's 
determination. A representative of the applicant may be present during 
the performance of any such retest.

[62 FR 38784, July 18, 1997, as amended at 80 FR 65460, Oct. 26, 2015]



Sec. 53.15  Trade secrets and confidential or privileged information.

    Any information submitted under this part that is claimed to be a 
trade secret or confidential or privileged information shall be marked 
or otherwise clearly identified as such in the submittal. Information so 
identified will

[[Page 19]]

be treated in accordance with part 2 of this chapter (concerning public 
information).



Sec. 53.16  Supersession of reference methods.

    (a) This section prescribes procedures and criteria applicable to 
requests that the Administrator specify a new reference method, or a new 
measurement principle and calibration procedure on which reference 
methods shall be based, by revision of the appropriate appendix to part 
50 of this chapter. Such action will ordinarily be taken only if the 
Administrator determines that a candidate method or a variation thereof 
is substantially superior to the existing reference method(s).
    (b) In exercising discretion under this section, the Administrator 
will consider:
    (1) The benefits, in terms of the requirements and purposes of the 
Act, that would result from specifying a new reference method or a new 
measurement principle and calibration procedure.
    (2) The potential economic consequences of such action for State and 
local control agencies.
    (3) Any disruption of State and local air quality monitoring 
programs that might result from such action.
    (c) An applicant who wishes the Administrator to consider revising 
an appendix to part 50 of this chapter on the ground that the 
applicant's candidate method is substantially superior to the existing 
reference method(s) shall submit an application for a reference or 
equivalent method determination in accordance with Sec. 53.4 and shall 
indicate therein that such consideration is desired. The application 
shall include, in addition to the information required by Sec. 53.4, 
data and any other information supporting the applicant's claim that the 
candidate method is substantially superior to the existing reference 
method(s).
    (d) After receiving an application under paragraph (c) of this 
section, the Administrator will publish notice of its receipt in the 
Federal Register and, within 120 calendar days after receipt of the 
application, take one of the following actions:
    (1) Determine that it is appropriate to propose a revision of the 
appendix to part 50 of this chapter in question and send notice of the 
determination to the applicant.
    (2) Determine that it is inappropriate to propose a revision of the 
appendix to part 50 of this chapter in question, determine whether the 
candidate method is a reference or equivalent method, and send notice of 
the determinations, including a statement of reasons for the 
determination not to propose a revision, to the applicant.
    (3) Send notice to the applicant that additional information must be 
submitted before a determination can be made and specify the additional 
information that is needed (in such cases, the 120-day period shall 
commence upon receipt of the additional information).
    (4) Send notice to the applicant that additional tests are 
necessary, specifying what tests are necessary and how the test shall be 
interpreted (in such cases, the 120-day period shall commence upon 
receipt of the additional test data).
    (5) Send notice to the applicant that additional tests will be 
conducted by the Administrator, specifying the nature of and reasons for 
the additional tests and the estimated time required (in such cases, the 
120-day period shall commence 1 calendar day after the additional tests 
have been completed).
    (e)(1)(i) After making a determination under paragraph (d)(1) of 
this section, the Administrator will publish a notice of proposed 
rulemaking in the Federal Register. The notice of proposed rulemaking 
will indicate that the Administrator proposes:
    (A) To revise the appendix to part 50 of this chapter in question.
    (B) Where the appendix specifies a measurement principle and 
calibration procedure, to cancel reference method designations based on 
the appendix.
    (C) To cancel equivalent method designations based on the existing 
reference method(s).
    (ii) The notice of proposed rulemaking will include the terms or 
substance of the proposed revision, will indicate what period(s) of time 
the Administrator proposes to allow for replacement of existing methods 
under

[[Page 20]]

section 2.3 of appendix C to part 58 of this chapter, and will solicit 
public comments on the proposal with particular reference to the 
considerations set forth in paragraphs (a) and (b) of this section.
    (2)(i) If, after consideration of comments received, the 
Administrator determines that the appendix to part 50 in question should 
be revised, the Administrator will, by publication in the Federal 
Register:
    (A) Promulgate the proposed revision, with such modifications as may 
be appropriate in view of comments received.
    (B) Where the appendix to part 50 (prior to revision) specifies a 
measurement principle and calibration procedure, cancel reference method 
designations based on the appendix.
    (C) Cancel equivalent method designations based on the existing 
reference method(s).
    (D) Specify the period(s) that will be allowed for replacement of 
existing methods under section 2.3 of appendix C to part 58 of this 
chapter, with such modifications from the proposed period(s) as may be 
appropriate in view of comments received.
    (3) Canceled designations will be deleted from the list maintained 
under Sec. 53.8(c). The requirements and procedures for cancellation set 
forth in Sec. 53.11 shall be inapplicable to cancellation of reference 
or equivalent method designations under this section.
    (4) If the appendix to part 50 of this chapter in question is 
revised to specify a new measurement principle and calibration procedure 
on which the applicant's candidate method is based, the Administrator 
will take appropriate action under Sec. 53.5 to determine whether the 
candidate method is a reference method.
    (5) Upon taking action under paragraph (e)(2) of this section, the 
Administrator will send notice of the action to all applicants for whose 
methods reference and equivalent method designations are canceled by 
such action.
    (f) An applicant who has received notice of a determination under 
paragraph (d)(2) of this section may appeal the determination by taking 
one or more of the following actions:
    (1) The applicant may submit new or additional information in 
support of the application.
    (2) The applicant may request that the Administrator reconsider the 
data and information already submitted.
    (3) The applicant may request that any test conducted by the 
Administrator that was a material factor in making the determination be 
repeated.



     Sec. Table A-1 to Subpart A of Part 53--Summary of Applicable 
Requirements for Reference and Equivalent Methods for Air Monitoring of 
                           Criteria Pollutants

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  Applicable subparts of part 53
     Pollutant        Reference or equivalent    Manual or automated       Applicable part 50 appendix   -----------------------------------------------
                                                                                                             A       B       C       D       E       F
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2................  Reference...............  Manual.................  A-2
                                               Automated..............  A-1                                   3       3
                     Equivalent..............  Manual.................  A-1                                   3               3
                                               Automated..............  A-1                                   3       3       3
CO.................  Reference...............  Automated..............  C                                     3       3
                     Equivalent..............  Manual.................  C                                     3               3
                                               Automated..............  C                                     3       3       3
O3.................  Reference...............  Automated..............  D                                     3       3
                     Equivalent..............  Manual.................  D                                     3               3
                                               Automated..............  D                                     3       3       3
NO2................  Reference...............  Automated..............  F                                     3       3
                     Equivalent..............  Manual.................  F                                     3               3
                                               Automated..............  F                                     3       3       3
Pb.................  Reference...............  Manual.................  G
                     Equivalent..............  Manual.................  G                                     3               3
                                               Automated..............  G                                     3               3
PM 10-Pb...........  Reference...............  Manual.................  Q
                     Equivalent..............  Manual.................  Q                                     3               3
                                               Automated..............  Q                                     3               3
PM 10..............  Reference...............  Manual.................  J                                     3                       3
                     Equivalent..............  Manual.................  J                                     3               3       3

[[Page 21]]

 
                                               Automated..............  J                                     3               3       3
PM 2.5.............  Reference...............  Manual.................  L                                     3                               3
                     Equivalent Class I......  Manual.................  L                                     3               3               3
                     Equivalent Class II.....  Manual.................  L\1\                                  3            3\2\               3    31 2
                     Equivalent Class III....  Automated..............  L\1\                                  3               3               3    3\1\
PM 10	2.5..........  Reference...............  Manual.................  L, O                                  3                               3
                     Equivalent Class I......  Manual.................  L, O                                  3               3               3
                     Equivalent Class II.....  Manual.................  L, O                                  3            3\2\               3    31 2
                     Equivalent Class III....  Automated..............  L\1\, O\1\                            3               3               3    3\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Some requirements may apply, based on the nature of each particular candidate method, as determined by the Administrator.
2. Alternative Class III requirements may be substituted.


[75 FR 35597, June 22, 2010]



           Sec. Appendix A to Subpart A of Part 53--References

    (1) American National Standard Quality Systems--Model for Quality 
Assurance in Design, Development, Production, Installation, and 
Servicing, ANSI/ISO/ASQC Q9001-1994. Available from American Society for 
Quality, P.O. Box 3005, Milwaukee, WI 53202 (http://
qualitypress.asq.org).
    (2) American National Standard Quality Systems for Environmental 
Data and Technology Programs--Requirements with guidance for use, ANSI/
ASQC E4-2004. Available from American Society for Quality P.O. Box 3005, 
Milwaukee, WI 53202 (http://qualitypress.asq.org).
    (3) Dimensioning and Tolerancing, ASME Y14.5M-1994. Available from 
the American Society of Mechanical Engineers, 345 East 47th Street, New 
York, NY 10017.
    (4) Mathematical Definition of Dimensioning and Tolerancing 
Principles, ASME Y14.5.1M-1994. Available from the American Society of 
Mechanical Engineers, 345 East 47th Street, New York, NY 10017.
    (5) ISO 10012, Quality Assurance Requirements for Measuring 
Equipment-Part 1: Meteorological confirmation system for measuring 
equipment):1992(E). Available from American Society for Quality Control, 
611 East Wisconsin Avenue, Milwaukee, WI 53202.
    (6) Quality Assurance Guidance Document 2.12. Monitoring PM 
2.5 in Ambient Air Using Designated Reference or Class I 
Equivalent Methods. U.S. EPA, National Exposure Research Laboratory, 
Research Triangle Park, NC, November 1998 or later edition. Currently 
available at http://www.epa.gov/ttn/amtic/pmqainf.html.

[62 FR 38784, July 18, 1997, as amended at 71 FR 61278, Oct. 17, 2006]



    Subpart B_Procedures for Testing Performance Characteristics of 
               Automated Methods for SO2, CO, O3, and NO2

    Source: 76 FR 54326, Aug. 31, 2011, unless otherwise noted.



Sec. 53.20  General provisions.

    (a) The test procedures given in this subpart shall be used to test 
the performance of candidate automated methods against the performance 
requirement specifications given in table B-1 to subpart B of part 53. A 
test analyzer representative of the candidate automated method must 
exhibit performance better than, or not outside, the specified limit or 
limits for each such performance parameter specified (except range) to 
satisfy the requirements of this subpart. Except as provided in 
paragraph (b) of this section, the measurement range of the candidate 
method must be the standard range specified in table B-1 to subpart B of 
part 53 to satisfy the requirements of this subpart.
    (b) Measurement ranges. For a candidate method having more than one 
selectable measurement range, one range must be the standard range 
specified in table B-1 to subpart B of part 53, and a test analyzer 
representative of the method must pass the tests required by this 
subpart while operated in that range.
    (i) Higher ranges. The tests may be repeated for one or more higher 
(broader) ranges (i.e., ranges extending to higher

[[Page 22]]

concentrations) than the standard range specified in table B-1 to 
subpart B of part 53, provided that the range does not extend to 
concentrations more than four times the upper range limit of the 
standard range specified in table B-1 to subpart B of part 53. For such 
higher ranges, only the tests for range (calibration), noise at 80% of 
the upper range limit, and lag, rise and fall time are required to be 
repeated. For the purpose of testing a higher range, the test procedure 
of Sec. 53.23(e) may be abridged to include only those components needed 
to test lag, rise and fall time.
    (ii) Lower ranges. The tests may be repeated for one or more lower 
(narrower) ranges (i.e., ones extending to lower concentrations) than 
the standard range specified in table B-1 to subpart B of part 53. For 
methods for some pollutants, table B-1 to subpart B of part 53 specifies 
special performance limit requirements for lower ranges. If special low-
range performance limit requirements are not specified in table B-1 to 
subpart B of part 53, then the performance limit requirements for the 
standard range apply. For lower ranges for any method, only the tests 
for range (calibration), noise at 0% of the measurement range, lower 
detectable limit, (and nitric oxide interference for SO2 UVF 
methods) are required to be repeated, provided the tests for the 
standard range shows the applicable limit specifications are met for the 
other test parameters.
    (iii) If the tests are conducted and passed only for the specified 
standard range, any FRM or FEM determination with respect to the method 
will be limited to that range. If the tests are passed for both the 
specified range and one or more higher or lower ranges, any such 
determination will include the additional higher or lower range(s) as 
well as the specified standard range. Appropriate test data shall be 
submitted for each range sought to be included in a FRM or FEM method 
determination under this paragraph (b).
    (c) For each performance parameter (except range), the test 
procedure shall be initially repeated seven (7) times to yield 7 test 
results. Each result shall be compared with the corresponding 
performance limit specification in table B-1 to subpart B of part 53; a 
value higher than or outside the specified limit or limits constitutes a 
failure. These 7 results for each parameter shall be interpreted as 
follows:
    (1) Zero (0) failures: The candidate method passes the test for the 
performance parameter.
    (2) Three (3) or more failures: The candidate method fails the test 
for the performance parameter.
    (3) One (1) or two (2) failures: Repeat the test procedures for the 
performance parameter eight (8) additional times yielding a total of 
fifteen (15) test results. The combined total of 15 test results shall 
then be interpreted as follows:
    (i) One (1) or two (2) failures: The candidate method passes the 
test for the performance parameter.
    (ii) Three (3) or more failures: The candidate method fails the test 
for the performance parameter.
    (d) The tests for zero drift, span drift, lag time, rise time, fall 
time, and precision shall be carried out in a single integrated 
procedure conducted at various line voltages and ambient temperatures 
specified in Sec. 53.23(e). A temperature-controlled environmental test 
chamber large enough to contain the test analyzer is recommended for 
this test. The tests for noise, lower detectable limit, and interference 
equivalent shall be conducted at any ambient temperature between 20 C 
and 30 C, at any normal line voltage between 105 and 125 volts, and 
shall be conducted such that not more than three (3) test results for 
each parameter are obtained in any 24-hour period.
    (e) If necessary, all measurement response readings to be recorded 
shall be converted to concentration units or adjusted according to the 
calibration curve constructed in accordance with Sec. 53.21(b).
    (f) All recorder chart tracings (or equivalent data plots), records, 
test data and other documentation obtained from or pertinent to these 
tests shall be identified, dated, signed by the analyst performing the 
test, and submitted.
    Note to Sec. 53.20: Suggested formats for reporting the test results 
and calculations are provided in Figures B-2, B-3, B-4, B-5, and B-6 in 
appendix A to this subpart. Symbols and

[[Page 23]]

abbreviations used in this subpart are listed in table B-5 of appendix A 
to this subpart.



Sec. 53.21  Test conditions.

    (a) Set-up and start-up of the test analyzer shall be in strict 
accordance with the operating instructions specified in the manual 
referred to in Sec. 53.4(b)(3). Allow adequate warm-up or stabilization 
time as indicated in the operating instructions before beginning the 
tests. The test procedures assume that the test analyzer has a 
conventional analog measurement signal output that is connected to a 
suitable strip chart recorder of the servo, null-balance type. This 
recorder shall have a chart width of at least 25 centimeters, chart 
speeds up to 10 cm per hour, a response time of 1 second or less, a 
deadband of not more than 0.25 percent of full scale, and capability 
either of reading measurements at least 5 percent below zero or of 
offsetting the zero by at least 5 percent. If the test analyzer does not 
have an analog signal output, or if a digital or other type of 
measurement data output is used for the tests, an alternative 
measurement data recording device (or devices) may be used for recording 
the test data, provided that the device is reasonably suited to the 
nature and purposes of the tests, and an analog representation of the 
analyzer measurements for each test can be plotted or otherwise 
generated that is reasonably similar to the analog measurement 
recordings that would be produced by a conventional chart recorder 
connected to a conventional analog signal output.
    (b) Calibration of the test analyzer shall be carried out prior to 
conducting the tests described in this subpart. The calibration shall be 
as indicated in the manual referred to in Sec. 53.4(b)(3) and as 
follows: If the chart recorder or alternative data recorder does not 
have below zero capability, adjust either the controls of the test 
analyzer or the chart or data recorder to obtain a + 5% offset zero 
reading on the recorder chart to facilitate observing negative response 
or drift. If the candidate method is not capable of negative response, 
the test analyzer (not the data recorder) shall be operated with a 
similar offset zero. Construct and submit a calibration curve showing a 
plot of recorder scale readings or other measurement output readings 
(vertical or y-axis) against pollutant concentrations presented to the 
analyzer for measurement (horizontal or x-axis). If applicable, a plot 
of base analog output units (volts, millivolts, milliamps, etc.) against 
pollutant concentrations shall also be obtained and submitted. All such 
calibration plots shall consist of at least seven (7) approximately 
equally spaced, identifiable points, including 0 and 90 5 percent of 
the upper range limit (URL).
    (c) Once the test analyzer has been set up and calibrated and the 
tests started, manual adjustment or normal periodic maintenance is 
permitted only every 3 days. Automatic adjustments which the test 
analyzer performs by itself are permitted at any time. The submitted 
records shall show clearly when any manual adjustment or periodic 
maintenance was made during the tests and describe the specific 
operations performed.
    (d) If the test analyzer should malfunction during any of the 
performance tests, the tests for that parameter shall be repeated. A 
detailed explanation of the malfunction, remedial action taken, and 
whether recalibration was necessary (along with all pertinent records 
and charts) shall be submitted. If more than one malfunction occurs, all 
performance test procedures for all parameters shall be repeated.
    (e) Tests for all performance parameters shall be completed on the 
same test analyzer; however, use of multiple test analyzers to 
accelerate testing is permissible for testing additional ranges of a 
multi-range candidate method.



Sec. 53.22  Generation of test atmospheres.

    (a) Table B-2 to subpart B of part 53 specifies preferred methods 
for generating test atmospheres and suggested methods of verifying their 
concentrations. Only one means of establishing the concentration of a 
test atmosphere is normally required, provided that that means is 
adequately accurate and credible. If the method of generation can 
produce accurate, reproducible concentrations, verification is optional. 
If the method of generation is

[[Page 24]]

not reproducible or reasonably quantifiable, then establishment of the 
concentration by some credible verification method is required.
    (b) The test atmosphere delivery system shall be designed and 
constructed so as not to significantly alter the test atmosphere 
composition or concentration during the period of the test. The system 
shall be vented to insure that test atmospheres are presented to the 
test analyzer at very nearly atmospheric pressure. The delivery system 
shall be fabricated from borosilicate glass, FEP Teflon, or other 
material that is inert with regard to the gas or gases to be used.
    (c) The output of the test atmosphere generation system shall be 
sufficiently stable to obtain stable response readings from the test 
analyzer during the required tests. If a permeation device is used for 
generation of a test atmosphere, the device, as well as the air passing 
over it, shall be controlled to 0.1 C.
    (d) All diluent air shall be zero air free of contaminants likely to 
react with the test atmospheres or cause a detectable response on the 
test analyzer.
    (e) The concentration of each test atmosphere used shall be 
quantitatively established and/or verified before or during each series 
of tests. Samples for verifying test concentrations shall be collected 
from the test atmosphere delivery system as close as feasible to the 
sample intake port of the test analyzer.
    (f) The accuracy of all flow measurements used to calculate test 
atmosphere concentrations shall be documented and referenced to a 
primary flow rate or volume standard (such as a spirometer, bubble 
meter, etc.). Any corrections shall be clearly shown. All flow 
measurements given in volume units shall be standardized to 25 C and 
760 mm Hg.
    (g) Schematic drawings, photos, descriptions, and other information 
showing complete procedural details of the test atmosphere generation, 
verification, and delivery system shall be provided. All pertinent 
calculations shall be clearly indicated.



Sec. 53.23  Test procedures.

    (a) Range--(1) Technical definition. The nominal minimum and maximum 
concentrations that a method is capable of measuring.
    Note to Sec. 53.23(a)(1): The nominal range is given as the lower 
and upper range limits in concentration units, for example, 0-0.5 parts 
per million (ppm).
    (2) Test procedure. Determine and submit a suitable calibration 
curve, as specified in Sec. 53.21(b), showing the test analyzer's 
measurement response over at least 95 percent of the required or 
indicated measurement range.
    Note to Sec. 53.23(a)(2): A single calibration curve for each 
measurement range for which an FRM or FEM designation is sought will 
normally suffice.
    (b) Noise--(1) Technical definition. Spontaneous, short duration 
deviations in measurements or measurement signal output, about the mean 
output, that are not caused by input concentration changes. Measurement 
noise is determined as the standard deviation of a series of 
measurements of a constant concentration about the mean and is expressed 
in concentration units.
    (2) Test procedure. (i) Allow sufficient time for the test analyzer 
to warm up and stabilize. Determine measurement noise at each of two 
fixed concentrations, first using zero air and then a pollutant test gas 
concentration as indicated below. The noise limit specification in table 
B-1 to subpart B of part 53 shall apply to both of these tests.
    (ii) For an analyzer with an analog signal output, connect an 
integrating-type digital meter (DM) suitable for the test analyzer's 
output and accurate to three significant digits, to determine the 
analyzer's measurement output signal.
    Note to Sec. 53.23(b)(2): Use of a chart recorder in addition to the 
DM is optional.
    (iii) Measure zero air with the test analyzer for 60 minutes. During 
this 60-minute interval, record twenty-five (25) test analyzer 
concentration measurements or DM readings at 2-minute intervals. (See 
Figure B-2 in appendix A of this subpart.)
    (iv) If applicable, convert each DM test reading to concentration 
units (ppm) or adjust the test readings (if

[[Page 25]]

necessary) by reference to the test analyzer's calibration curve as 
determined in Sec. 53.21(b). Label and record the test measurements or 
converted DM readings as r1, r2, r3 . . 
. ri . . . r25.
    (v) Calculate measurement noise as the standard deviation, S, as 
follows:
[GRAPHIC] [TIFF OMITTED] TR31AU11.005

Where i indicates the i-th test measurement or DM reading in ppm.

    (vi) Let S at 0 ppm be identified as S0; compare 
S0 to the noise limit specification given in table B-1 to 
subpart B of part 53.
    (vii) Repeat steps in Paragraphs (b)(2)(iii) through (v) of this 
section using a pollutant test atmosphere concentration of 80 5 percent 
of the URL instead of zero air, and let S at 80 percent of the URL be 
identified as S80. Compare S80 to the noise limit 
specification given in table B-1 to subpart B of part 53.
    (viii) Both S0 and S80 must be less than or 
equal to the table B-1 to subpart B of part 53 noise limit specification 
to pass the test for the noise parameter.
    (c) Lower detectable limit--(1) Technical definition. The minimum 
pollutant concentration that produces a measurement or measurement 
output signal of at least twice the noise level.
    (2) Test procedure. (i) Allow sufficient time for the test analyzer 
to warm up and stabilize. Measure zero air and record the stable 
measurement reading in ppm as BZ. (See Figure B-3 in appendix 
A of this subpart.)
    (ii) Generate and measure a pollutant test concentration equal to 
the value for the lower detectable limit specified in table B-1 to 
subpart B of part 53.
    Note to Sec. 53.23(c)(2): If necessary, the test concentration may 
be generated or verified at a higher concentration, then quantitatively 
and accurately diluted with zero air to the final required test 
concentration.
    (iii) Record the test analyzer's stable measurement reading, in ppm, 
as BL.
    (iv) Determine the lower detectable limit (LDL) test result as LDL = 
BL ^ BZ. Compare this LDL value with the noise level, S0, 
determined in Sec. 53.23(b), for the 0 concentration test atmosphere. 
LDL must be equal to or higher than 2  S0 to pass this test.
    (d) Interference equivalent--(1) Technical definition. Positive or 
negative measurement response caused by a substance other than the one 
being measured.
    (2) Test procedure. The test analyzer shall be tested for all 
substances likely to cause a detectable response. The test analyzer 
shall be challenged, in turn, with each potential interfering agent 
(interferent) specified in table B-3 to subpart B of part 53. In the 
event that there are substances likely to cause a significant 
interference which have not been specified in table B-3 to subpart B of 
part 53, these substances shall also be tested, in a manner similar to 
that for the specified interferents, at a concentration substantially 
higher than that likely to be found in the ambient air. The interference 
may be either positive or negative, depending on whether the test 
analyzer's measurement response is increased or decreased by the 
presence of the interferent. Interference equivalents shall be 
determined by mixing each interferent, one at a time, with the pollutant 
at an interferent test concentration not lower than the test 
concentration specified in table B-3 to subpart B of part 53 (or as 
otherwise required for unlisted interferents), and comparing the test 
analyzer's measurement response to the response caused by the pollutant 
alone. Known gas-phase reactions that might occur between a listed 
interferent and the pollutant are designated by footnote 3 in table B-3 
to subpart B of part 53. In these cases, the interference equivalent 
shall be determined without mixing with the pollutant.

[[Page 26]]

    (i) Allow sufficient time for warm-up and stabilization of the test 
analyzer.
    (ii) For a candidate method using a prefilter or scrubber device 
based upon a chemical reaction to derive part of its specificity and 
which device requires periodic service or maintenance, the test analyzer 
shall be ``conditioned'' prior to conducting each interference test 
series. This requirement includes conditioning for the NO2 
converter in chemiluminescence NO/NO2/NOX 
analyzers and for the ozone scrubber in UV-absorption ozone analyzers. 
Conditioning is as follows:
    (A) Service or perform the indicated maintenance on the scrubber or 
prefilter device, as if it were due for such maintenance, as directed in 
the manual referred to in Sec. 53.4(b)(3).
    (B) Before testing for each potential interferent, allow the test 
analyzer to sample through the prefilter or scrubber device a test 
atmosphere containing the interferent at a concentration not lower than 
the value specified in table B-3 to subpart B of part 53 (or, for 
unlisted potential interferents, at a concentration substantially higher 
than likely to be found in ambient air). Sampling shall be at the normal 
flow rate and shall be continued for 6 continuous hours prior to the 
interference test series. Conditioning for all applicable interferents 
prior to any of the interference tests is permissible. Also permissible 
is simultaneous conditioning with multiple interferents, provided no 
interferent reactions are likely to occur in the conditioning system.
    (iii) Generate three test atmosphere streams as follows:
    (A) Test atmosphere P: Pollutant test concentration.
    (B) Test atmosphere I: Interferent test concentration.
    (C) Test atmosphere Z: Zero air.
    (iv) Adjust the individual flow rates and the pollutant or 
interferent generators for the three test atmospheres as follows:
    (A) The flow rates of test atmospheres I and Z shall be equal.
    (B) The concentration of the pollutant in test atmosphere P shall be 
adjusted such that when P is mixed (diluted) with either test atmosphere 
I or Z, the resulting concentration of pollutant shall be as specified 
in table B-3 to subpart B of part 53.
    (C) The concentration of the interferent in test atmosphere I shall 
be adjusted such that when I is mixed (diluted) with test atmosphere P, 
the resulting concentration of interferent shall be not less than the 
value specified in table B-3 to subpart B of part 53 (or as otherwise 
required for unlisted potential interferents).
    (D) To minimize concentration errors due to flow rate differences 
between I and Z, it is recommended that, when possible, the flow rate of 
P be from 10 to 20 times larger than the flow rates of I and Z.
    (v) Mix test atmospheres P and Z by passing the total flow of both 
atmospheres through a (passive) mixing component to insure complete 
mixing of the gases.
    (vi) Sample and measure the mixture of test atmospheres P and Z with 
the test analyzer. Allow for a stable measurement reading, and record 
the reading, in concentration units, as R (see Figure B-3).
    (vii) Mix test atmospheres P and I by passing the total flow of both 
atmospheres through a (passive) mixing component to insure complete 
mixing of the gases.
    (viii) Sample and measure this mixture of P and I with the test 
analyzer. Record the stable measurement reading, in concentration units, 
as RI.
    (ix) Calculate the interference equivalent (IE) test result as:

IE = RI^R.


IE must be within the limits (inclusive) specified in table B-1 to 
subpart B of part 53 for each interferent tested to pass the 
interference equivalent test.
    (x) Follow steps (iii) through (ix) of this section, in turn, to 
determine the interference equivalent for each listed interferent as 
well as for any other potential interferents identified.
    (xi) For those potential interferents which cannot be mixed with the 
pollutant, as indicated by footnote (3) in table B-3 to subpart B of 
part 53, adjust the concentration of test atmosphere I to the specified 
value without being mixed or diluted by the pollutant test atmosphere. 
Determine IE as follows:
    (A) Sample and measure test atmosphere Z (zero air). Allow for a 
stable

[[Page 27]]

measurement reading and record the reading, in concentration units, as 
R.
    (B) Sample and measure the interferent test atmosphere I. If the 
test analyzer is not capable of negative readings, adjust the analyzer 
(not the recorder) to give an offset zero. Record the stable reading in 
concentration units as RI, extrapolating the calibration curve, if 
necessary, to represent negative readings.
    (C) Calculate IE = RI ^ R. IE must be within the limits (inclusive) 
specified in table B-1 to subpart B of part 53 for each interferent 
tested to pass the interference equivalent test.
    (xii) Sum the absolute value of all the individual interference 
equivalent test results. This sum must be equal to or less than the 
total interferent limit given in table B-1 to subpart B of part 53 to 
pass the test.
    (e) Zero drift, span drift, lag time, rise time, fall time, and 
precision--(1) Technical definitions--(i) Zero drift: The change in 
measurement response to zero pollutant concentration over 12- and 24-
hour periods of continuous unadjusted operation.
    (ii) Span drift: The percent change in measurement response to an 
up-scale pollutant concentration over a 24-hour period of continuous 
unadjusted operation.
    (iii) Lag time: The time interval between a step change in input 
concentration and the first observable corresponding change in 
measurement response.
    (iv) Rise time: The time interval between initial measurement 
response and 95 percent of final response after a step increase in input 
concentration.
    (v) Fall time: The time interval between initial measurement 
response and 95 percent of final response after a step decrease in input 
concentration.
    (vi) Precision: Variation about the mean of repeated measurements of 
the same pollutant concentration, denoted as the standard deviation 
expressed as a percentage of the upper range limits.\258\
---------------------------------------------------------------------------

    \258\ NO2 precision in Table B-1 is also changed to 
percent to agree with the calculation specified in 53.23(e)(10)(vi).
---------------------------------------------------------------------------

    (2) Tests for these performance parameters shall be accomplished 
over a period of seven (7) or fifteen (15) test days. During this time, 
the line voltage supplied to the test analyzer and the ambient 
temperature surrounding the analyzer shall be changed from day to day, 
as required in paragraph (e)(4) of this section. One test result for 
each performance parameter shall be obtained each test day, for seven 
(7) or fifteen (15) test days, as determined from the test results of 
the first seven days. The tests for each test day are performed in a 
single integrated procedure.
    (3) The 24-hour test day may begin at any clock hour. The first 
approximately 12 hours of each test day are required for testing 12-hour 
zero drift. Tests for the other parameters shall be conducted any time 
during the remaining 12 hours.
    (4) Table B-4 to subpart B of part 53 specifies the line voltage and 
room temperature to be used for each test day. The applicant may elect 
to specify a wider temperature range (minimum and maximum temperatures) 
than the range specified in table B-4 to subpart B of part 53 and to 
conduct these tests over that wider temperature range in lieu of the 
specified temperature range. If the test results show that all test 
parameters of this section Sec. 53.23(e) are passed over this wider 
temperature range, a subsequent FRM or FEM designation for the candidate 
method based in part on this test shall indicate approval for operation 
of the method over such wider temperature range. The line voltage and 
temperature shall be changed to the specified values (or to the 
alternative, wider temperature values, if applicable) at the start of 
each test day (i.e., at the start of the 12-hour zero test). Initial 
adjustments (day zero) shall be made at a line voltage of 115 volts 
(rms) and a room temperature of 25 C.
    (5) The tests shall be conducted in blocks consisting of 3 test days 
each until 7 (or 15, if necessary) test results have been obtained. (The 
final block may contain fewer than three test days.) Test days need not 
be contiguous days, but during any idle time between tests or test days, 
the test analyzer must operate continuously and measurements must be 
recorded continuously at a low chart speed (or

[[Page 28]]

equivalent data recording) and included with the test data. If a test is 
interrupted by an occurrence other than a malfunction of the test 
analyzer, only the block during which the interruption occurred shall be 
repeated.
    (6) During each test block, manual adjustments to the electronics, 
gas, or reagent flows or periodic maintenance shall not be permitted. 
Automatic adjustments that the test analyzer performs by itself are 
permitted at any time.
    (7) At least 4 hours prior to the start of the first test day of 
each test block, the test analyzer may be adjusted and/or serviced 
according to the periodic maintenance procedures specified in the manual 
referred to in Sec. 53.4(b)(3). If a new block is to immediately follow 
a previous block, such adjustments or servicing may be done immediately 
after completion of the day's tests for the last day of the previous 
block and at the voltage and temperature specified for that day, but 
only on test days 3, 6, 9, and 12.
    Note to Sec. 53.23(e)(7): If necessary, the beginning of the test 
days succeeding such maintenance or adjustment may be delayed as 
required to complete the service or adjustment operation.
    (8) All measurement response readings to be recorded shall be 
converted to concentration units or adjusted (if necessary) according to 
the calibration curve. Whenever a test atmosphere is to be measured but 
a stable reading is not required, the test atmosphere shall be sampled 
and measured long enough to cause a change in measurement response of at 
least 10% of full scale. Identify all readings and other pertinent data 
on the strip chart (or equivalent test data record). (See Figure B-1 to 
subpart B of part 53 illustrating the pattern of the required readings.)
    (9) Test procedure. (i) Arrange to generate pollutant test 
atmospheres as follows. Test atmospheres A0, A20, 
and A80 shall be maintained consistent during the tests and 
reproducible from test day to test day.

------------------------------------------------------------------------
                                               Pollutant concentration
              Test atmosphere                         (percent)
------------------------------------------------------------------------
A0........................................  Zero air.
A20.......................................  20 5 of the upper range
                                             limit.
A30.......................................  30 5 of the upper range
                                             limit.
A80.......................................  80 5 of the upper range
                                             limit.
A90.......................................  90 5 of the upper range
                                             limit.
------------------------------------------------------------------------

    (ii) For steps within paragraphs (e)(9)(xxv) through (e)(9)(xxxi) of 
this section, a chart speed of at least 10 centimeters per hour (or 
equivalent resolution for a digital representation) shall be used to 
clearly show changes in measurement responses. The actual chart speed, 
chart speed changes, and time checks shall be clearly marked on the 
chart.
    (iii) Test day 0. Allow sufficient time for the test analyzer to 
warm up and stabilize at a line voltage of 115 volts and a room 
temperature of 25 C. Adjust the zero baseline to 5 percent of chart 
(see Sec. 53.21(b)) and recalibrate, if necessary. No further 
adjustments shall be made to the analyzer until the end of the tests on 
the third, sixth, ninth, or twelfth test day.
    (iv) Measure test atmosphere A0 until a stable 
measurement reading is obtained and record this reading (in ppm) as Z'n, 
where n = 0 (see Figure B-4 in appendix A of this subpart).
    (v) [Reserved]
    (vi) Measure test atmosphere A80. Allow for a stable 
measurement reading and record it as S'n, where n = 0.
    (vii) The above readings for Z'0 and S'0 
should be taken at least four (4) hours prior to the beginning of test 
day 1.
    (viii) At the beginning of each test day, adjust the line voltage 
and room temperature to the values given in table B-4 to subpart B of 
part 53 (or to the corresponding alternative temperature if a wider 
temperature range is being tested).
    (ix) Measure test atmosphere A0 continuously for at least 
twelve (12) continuous hours during each test day.
    (x) After the 12-hour zero drift test (step ix) is complete, sample 
test atmosphere A0. A stable reading is not required.
    (xi) Measure test atmosphere A20 and record the stable 
reading (in ppm) as P1. (See Figure B-4 in appendix A.)
    (xii) Sample test atmosphere A30; a stable reading is not 
required.
    (xiii) Measure test atmosphere A20 and record the stable 
reading as P2.

[[Page 29]]

    (xiv) Sample test atmosphere A0; a stable reading is not 
required.
    (xv) Measure test atmosphere A20 and record the stable 
reading as P3.
    (xvi) Sample test atmosphere A30; a stable reading is not 
required.
    (xvii) Measure test atmosphere A20 and record the stable 
reading as P4.
    (xviii) Sample test atmosphere A0; a stable reading is 
not required.
    (xix) Measure test atmosphere A20 and record the stable 
reading as P5.
    (xx) Sample test atmosphere A30; a stable reading is not 
required.
    (xxi) Measure test atmosphere A20 and record the stable 
reading as P6.
    (xxii) Measure test atmosphere A80 and record the stable 
reading as P7.
    (xxiii) Sample test atmosphere A90; a stable reading is 
not required.
    (xxiv) Measure test atmosphere A80 and record the stable 
reading as P8. Increase the chart speed to at least 10 
centimeters per hour.
    (xxv) Measure test atmosphere A0. Record the stable 
reading as L1.
    (xxvi) Quickly switch the test analyzer to measure test atmosphere 
A80 and mark the recorder chart to show, or otherwise record, 
the exact time when the switch occurred.
    (xxvii) Measure test atmosphere A80 and record the stable 
reading as P9.
    (xxviii) Sample test atmosphere A90; a stable reading is 
not required.
    (xxix) Measure test atmosphere A80 and record the stable 
reading as P10.
    (xxx) Measure test atmosphere A0 and record the stable 
reading as L2.
    (xxxi) Measure test atmosphere A80 and record the stable 
reading as P11.
    (xxxii) Sample test atmosphere A90; a stable reading is 
not required.
    (xxxiii) Measure test atmosphere A80 and record the 
stable reading as P12.
    (xxxiv) Repeat steps within paragraphs (e)(9)(viii) through 
(e)(9)(xxxiii) of this section, each test day.
    (xxxv) If zero and span adjustments are made after the readings are 
taken on test days 3, 6, 9, or 12, complete all adjustments; then 
measure test atmospheres A0 and A80. Allow for a 
stable reading on each, and record the readings as Z'n and S'n, 
respectively, where n = the test day number (3, 6, 9, or 12). These 
readings must be made at least 4 hours prior to the start of the next 
test day.
    (10) Determine the results of each day's tests as follows. Mark the 
recorder chart to show readings and determinations.
    (i) Zero drift. (A) Determine the 12-hour zero drift by examining 
the strip chart pertaining to the 12-hour continuous zero air test. 
Determine the minimum (Cmin.) and maximum (Cmax.) measurement readings 
(in ppm) during this period of 12 consecutive hours, extrapolating the 
calibration curve to negative concentration units if necessary. 
Calculate the 12-hour zero drift (12ZD) as 12ZD = Cmax. ^ Cmin. (See 
Figure B-5 in appendix A.)
    (B) Calculate the 24-hour zero drift (24ZD) for the n-th test day as 
24ZDn = Zn ^ Zn-1, or 24ZDn = Zn ^ Z'n-1 if zero adjustment was made on 
the previous test day, where Zn = \1/2\(L1 + L2) 
for L1 and L2 taken on the n-th test day.
    (C) Compare 12ZD and 24ZD to the zero drift limit specifications in 
table B-1 to subpart B of part 53. Both 12ZD and 24ZD must be within the 
specified limits (inclusive) to pass the test for zero drift.
    (ii) Span drift.
    (A) Calculate the span drift (SD) as:
    [GRAPHIC] [TIFF OMITTED] TR31AU11.006
    

or if a span adjustment was made on the previous test day,

[[Page 30]]

[GRAPHIC] [TIFF OMITTED] TR31AU11.007


where
[GRAPHIC] [TIFF OMITTED] TR31AU11.008


n indicates the n-th test day, and i indicates the i-th measurement 
reading on the n-th test day.
    (B) SD must be within the span drift limits (inclusive) specified in 
table B-1 to subpart B of part 53 to pass the test for span drift.
    (iii) Lag time. Determine, from the strip chart (or alternative test 
data record), the elapsed time in minutes between the change in test 
concentration (or mark) made in step (xxvi) and the first observable 
(two times the noise level) measurement response. This time must be 
equal to or less than the lag time limit specified in table B-1 to 
subpart B of part 53 to pass the test for lag time.
    (iv) Rise time. Calculate 95 percent of measurement reading 
P9 and determine, from the recorder chart (or alternative 
test data record), the elapsed time between the first observable (two 
times noise level) measurement response and a response equal to 95 
percent of the P9 reading. This time must be equal to or less 
than the rise time limit specified in table B-1 to subpart B of part 53 
to pass the test for rise time.
    (v) Fall time. Calculate five percent of (P10 ^ 
L2) and determine, from the strip chart (or alternative test 
record), the elapsed time in minutes between the first observable 
decrease in measurement response following reading P10 and a 
response equal to L2 + five percent of (P10 ^ 
L2). This time must be equal to or less than the fall time 
limit specification in table B-1 to subpart B of part 53 to pass the 
test for fall time.
    (vi) Precision. Calculate precision (both P20 and 
P80) for each test day as follows:
    (A)
    [GRAPHIC] [TIFF OMITTED] TR31AU11.009
    
    (B)
    [GRAPHIC] [TIFF OMITTED] TR31AU11.010
    

[[Page 31]]


    (C) Both P20 and P80 must be equal to or less 
than the precision limits specified in table B-1 to subpart B of part 53 
to pass the test for precision.

[76 FR 54326, Aug. 31, 2011, as amended at 80 FR 65460, Oct. 26, 2015]



            Sec. Figure B-1 to Subpart B of Part 53--Example
[GRAPHIC] [TIFF OMITTED] TR31AU11.011



Sec. Table B-1 to Subpart B of Part 53--Performance Limit Specifications 
                          for Automated Methods

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  SO2                   O3                    CO
                                                        ------------------------------------------------------------------    NO2      Definitions and
      Performance  parameter             Units \1\          Std.      Lower       Std.      Lower       Std.      Lower      (Std.     test  procedures
                                                         range \3\  range 2 3  range \3\  range 2 3  range \3\  range 2 3   range)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Range.........................  ppm.................      0-0.5       <0.5      0-0.5       <0.5       0-50        <50     0-0.5  Sec. 53.23(a)
2. Noise.........................  ppm.................      0.001     0.0005     0.0025      0.001        0.2        0.1     0.005  Sec. 53.23(b)
3. Lower detectable limit........  ppm.................      0.002      0.001      0.005      0.002        0.4        0.2     0.010  Sec. 53.23(c)
4. Interference equivalent
    Each interferent.............  ppm.................     0.005  \4\ 0.00     0.005     0.005       1.0       0.5     0.02  Sec. 53.23(d)
                                                                            5
    Total, all interferents......  ppm.................          -          -          -          -          -          -      0.04  Sec. 53.23(d)
5. Zero drift, 12 and 24 hour....  ppm.................     0.004     0.002     0.004     0.002       0.5       0.3     0.02  Sec. 53.23(e)
6. Span drift, 24 hour
    20% of upper range limit.....  Percent.............          -          -          -          -          -          -     20.0  Sec. 53.23(e)
    80% of upper range limit.....  Percent.............       3.0       3.0       3.0       3.0       2.0       2.0      5.0  Sec. 53.23(e)
7. Lag time......................  Minutes.............          2          2          2          2        2.0        2.0        20  Sec. 53.23(e)
8. Rise time.....................  Minutes.............          2          2          2          2        2.0        2.0        15  Sec. 53.23(e)
9. Fall time.....................  Minutes.............          2          2          2          2        2.0        2.0        15  Sec. 53.23(e)
10. Precision

[[Page 32]]

 
    20% of upper range limit.....                                -          -          -          -          -          -            Sec. 53.23(e)
                                   Percent \5\.........          2          2          2          2        1.0        1.0         4  Sec. 53.23(e)
    80% of upper range limit.....                                -          -          -          -          -          -            Sec. 53.23(e)
                                   Percent \5\.........          2          2          2          2        1.0        1.0         6  Sec. 53.23(e)
                                                                                                                                     Sec. 53.23(e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ To convert from parts per million (ppm) to mg/m\3\ at 25 C and 760 mm Hg, multiply by M/0.02447, where M is the molecular weight of the gas. Percent
  means percent of the upper measurement range limit.
\2\ Tests for interference equivalent and lag time do not need to be repeated for any lower range provided the test for the standard range shows that
  the lower range specification (if applicable) is met for each of these test parameters.
\3\ For candidate analyzers having automatic or adaptive time constants or smoothing filters, describe their functional nature, and describe and conduct
  suitable tests to demonstrate their function aspects and verify that performances for calibration, noise, lag, rise, fall times, and precision are
  within specifications under all applicable conditions. For candidate analyzers with operator-selectable time constants or smoothing filters, conduct
  calibration, noise, lag, rise, fall times, and precision tests at the highest and lowest settings that are to be included in the FRM or FEM
  designation.
\4\ For nitric oxide interference for the SO2 UVF method, interference equivalent is 0.0003 ppm for the lower range.
\5\ Standard deviation expressed as percent of the URL.


[80 FR 65460, Oct. 26, 2015]



        Sec. Table B-2 to Subpart B of Part 53--Test Atmospheres

------------------------------------------------------------------------
     Test gas               Generation                Verification
------------------------------------------------------------------------
Ammonia...........  Permeation device.         Indophenol method,
                     Similar to system          reference 3.
                     described in references
                     1 and 2.
Carbon dioxide....  Cylinder of zero air or    Use NIST-certified
                     nitrogen containing CO2    standards whenever
                     as required to obtain      possible. If NIST
                     the concentration          standards are not
                     specified in table B-3.    available, obtain 2
                                                standards from
                                                independent sources
                                                which agree within 2
                                                percent, or obtain one
                                                standard and submit it
                                                to an independent
                                                laboratory for analysis,
                                                which must agree within
                                                2 percent of the
                                                supplier's nominal
                                                analysis.
Carbon monoxide...  Cylinder of zero air or    Use an FRM CO analyzer as
                     nitrogen containing CO     described in reference
                     as required to obtain      8.
                     the concentration
                     specified in table B-3.
Ethane............  Cylinder of zero air or    Gas chromatography, ASTM
                     nitrogen containing        D2820, reference 10. Use
                     ethane as required to      NIST-traceable gaseous
                     obtain the concentration   methane or propane
                     specified in table B-3.    standards for
                                                calibration.
Ethylene..........  Cylinder of pre-purified   Do.
                     nitrogen containing
                     ethylene as required to
                     obtain the concentration
                     specified in table B-3.
Hydrogen chloride.  Cylinder \1\ of pre-       Collect samples in
                     purified nitrogen          bubbler containing
                     containing approximately   distilled water and
                     100 ppm of gaseous HCl.    analyze by the mercuric
                     Dilute with zero air to    thiocyanate method, ASTM
                     concentration specified    (D612), p. 29, reference
                     in table B-3.              4.
Hydrogen sulfide..  Permeation device system   Tentative method of
                     described in references    analysis for H2S content
                     1 and 2.                   of the atmosphere, p.
                                                426, reference 5.
Methane...........  Cylinder of zero air       Gas chromatography ASTM
                     containing methane as      D2820, reference 10. Use
                     required to obtain the     NIST-traceable methane
                     concentration specified    standards for
                     in table B-3.              calibration.
Nitric oxide......  Cylinder \1\ of pre-       Gas phase titration as
                     purified nitrogen          described in reference
                     containing approximately   6, section 7.1.
                     100 ppm NO. Dilute with
                     zero air to required
                     concentration.
Nitrogen dioxide..  1. Gas phase titration as  1. Use an FRM NO2
                     described in reference 6.  analyzer calibrated with
                    2. Permeation device,       a gravimetrically
                     similar to system          calibrated permeation
                     described in reference 6.  device.
                                               2. Use an FRM NO2
                                                analyzer calibrated by
                                                gas-phase titration as
                                                described in reference
                                                6.
Ozone.............  Calibrated ozone           Use an FEM ozone analyzer
                     generator as described     calibrated as described
                     in reference 9.            in reference 9.
Sulfur dioxide....  1. Permeation device as    Use an SO2 FRM or FEM
                     described in references    analyzer as described in
                     1 and 2.                   reference 7.
                    2. Dynamic dilution of a
                     cylinder containing
                     approximately 100 ppm
                     SO2 as described in
                     Reference 7.
Water.............  Pass zero air through      Measure relative humidity
                     distilled water at a       by means of a dew-point
                     fixed known temperature    indicator, calibrated
                     between 20 and 30 C such   electrolytic or piezo
                     that the air stream        electric hygrometer, or
                     becomes saturated.         wet/dry bulb
                     Dilute with zero air to    thermometer.
                     concentration specified
                     in table B-3.

[[Page 33]]

 
Xylene............  Cylinder of pre-purified   Use NIST-certified
                     nitrogen containing 100    standards whenever
                     ppm xylene. Dilute with    possible. If NIST
                     zero air to                standards are not
                     concentration specified    available, obtain 2
                     in table B-3.              standards from
                                                independent sources
                                                which agree within 2
                                                percent, or obtain one
                                                standard and submit it
                                                to an independent
                                                laboratory for analysis,
                                                which must agree within
                                                2 percent of the
                                                supplier's nominal
                                                analysis.
Zero air..........  1. Ambient air purified
                     by appropriate scrubbers
                     or other devices such
                     that it is free of
                     contaminants likely to
                     cause a detectable
                     response on the analyzer.
                    2. Cylinder of compressed
                     zero air certified by
                     the supplier or an
                     independent laboratory
                     to be free of
                     contaminants likely to
                     cause a detectable
                     response on the analyzer.
------------------------------------------------------------------------
\1\ Use stainless steel pressure regulator dedicated to the pollutant
  measured.
Reference 1. O'Keefe, A. E., and Ortaman, G. C. ``Primary Standards for
  Trace Gas Analysis,'' Anal. Chem. 38, 760 (1966).
Reference 2. Scaringelli, F. P., A. E. . Rosenberg, E*, and Bell, J. P.,
  ``Primary Standards for Trace Gas Analysis.'' Anal. Chem. 42, 871
  (1970).
Reference 3. ``Tentative Method of Analysis for Ammonia in the
  Atmosphere (Indophenol Method)'', Health Lab Sciences, vol. 10, No. 2,
  115-118, April 1973.
Reference 4. 1973 Annual Book of ASTM Standards, American Society for
  Testing and Materials, 1916 Race St., Philadelphia, PA.
Reference 5. Methods for Air Sampling and Analysis, Intersociety
  Committee, 1972, American Public Health Association, 1015.
Reference 6. 40 CFR 50 Appendix F, ``Measurement Principle and
  Calibration Principle for the Measurement of Nitrogen Dioxide in the
  Atmosphere (Gas Phase Chemiluminescence).''
Reference 7. 40 CFR 50 Appendix A-1, ``Measurement Principle and
  Calibration Procedure for the Measurement of Sulfur Dioxide in the
  Atmosphere (Ultraviolet FIuorscence).''
Reference 8. 40 CFR 50 Appendix C, ``Measurement Principle and
  Calibration Procedure for the Measurement of Carbon Monoxide in the
  Atmosphere (Non-Dispersive Infrared Photometry)''.
Reference 9. 40 CFR 50 Appendix D, ``Measurement Principle and
  Calibration Procedure for the Measurement of Ozone in the
  Atmosphere''.
Reference 10. ``Standard Test Method for C, through C5 Hydrocarbons in
  the Atmosphere by Gas Chromatography'', D 2820, 1987 Annual Book of
  Aston Standards, vol 11.03, American Society for Testing and
  Materials, 1916 Race St., Philadelphia, PA 19103.


[[Page 34]]

 Table B-3 to Subpart B of Part 53--Interferent Test Concentration,\1\ 
                            Parts per Million

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Hydro-
       Pollutant                 Analyzer type          chloric  Ammonia  Hydrogen   Sulfur  Nitrogen  Nitric   Carbon  Ethylene   Ozone  Mxy-    Water    Carbon   Methane  Ethane  Naphthalene
                                                          acid             sulfide  dioxide   dioxide   oxide  dioxide                    lene    vapor   monoxide
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SO2....................  Ultraviolet fluorescence.....  .......  .......  \5\ 0.1   \4\ 0.1      0.5      0.5  .......  ........     0.5  0.2     20,000  ........  .......  ......   \6\ 0.05
                                                                                          4
SO2....................  Flame photometric............  .......  .......     0.01   \4\ 0.1  ........  ......      750  ........  ......  ....  \3\ 20,0       50   .......  ......
                                                                                          4                                                           00
SO2....................  Gas chromatography...........  .......  .......      0.1   \4\ 0.1  ........  ......      750  ........  ......  ....  \3\ 20,0       50   .......  ......
                                                                                          4                                                           00
SO2....................  Spectrophotometric-wet             0.2      0.1      0.1   \4\ 0.1      0.5   ......      750  ........     0.5  ....  ........  ........  .......  ......
                          chemical (pararosanaline).                                      4
SO2....................  Electrochemical..............      0.2      0.1      0.1   \4\ 0.1      0.5      0.5  .......      0.2      0.5  ....  \3\ 20,0  ........  .......  ......
                                                                                          4                                                           00
SO2....................  Conductivity.................      0.2      0.1  ........  \4\ 0.1      0.5   ......      750  ........  ......  ....  ........  ........  .......  ......
                                                                                          4
SO2....................  Spectrophotometric-gas phase,  .......  .......  ........  \4\ 0.1      0.5   ......  .......  ........     0.5  0.2   ........  ........  .......  ......
                          including DOAS.                                                 4
O3.....................  Chemiluminescent.............  .......  .......  \3\ 0.1   .......  ........  ......      750  ........  \4\ 0.  ....  \3\ 20,0  ........  .......  ......
                                                                                                                                      08              00
O3.....................  Electrochemical..............  .......  \3\ 0.1  ........      0.5      0.5   ......  .......  ........  \4\ 0.  ....  ........  ........  .......  ......
                                                                                                                                      08
O3.....................  Spectrophotometric-wet         .......  \3\ 0.1  ........      0.5      0.5   \3\ 0.  .......  ........  \4\ 0.  ....  ........  ........  .......  ......
                          chemical (potassium iodide).                                                      5                         08
O3.....................  Spectrophotometric-gas phase,  .......  .......  ........      0.5      0.5      0.5  .......  ........  \4\ 0.  0.02    20,000  ........  .......  ......
                          including ultraviolet                                                                                       08
                          absorption and DOAS).
CO.....................  Non-dispersive Infrared......  .......  .......  ........  .......  ........  ......      750  ........  ......  ....    20,000   \4\ 10   .......  ......
CO.....................  Gas chromatography with flame  .......  .......  ........  .......  ........  ......  .......  ........  ......  ....    20,000   \4\ 10   .......     0.5
                          ionization detector.
CO.....................  Electrochemical..............  .......  .......  ........  .......  ........     0.5  .......      0.2   ......  ....    20,000   \4\ 10   .......  ......
CO.....................  Catalytic combustion-thermal   .......      0.1  ........  .......  ........  ......      750      0.2   ......  ....    20,000   \4\ 10      5.0      0.5
                          detection.
CO.....................  IR fluorescence..............  .......  .......  ........  .......  ........  ......      750  ........  ......  ....    20,000   \4\ 10   .......     0.5
CO.....................  Mercury replacement-UV         .......  .......  ........  .......  ........  ......  .......      0.2   ......  ....  ........   \4\ 10   .......     0.5
                          photometric.
NO2....................  Chemiluminescent.............  .......  \3\ 0.1  ........      0.5  \4\ 0.1      0.5  .......  ........  ......  ....    20,000  ........  .......  ......
NO2....................  Spectrophotometric-wet         .......  .......  ........      0.5  \4\ 0.1      0.5      750  ........     0.5  ....  ........  ........  .......  ......
                          chemical (azo-dye reaction).
NO2....................  Electrochemical..............      0.2  \3\ 0.1  ........      0.5  \4\ 0.1      0.5      750  ........     0.5  ....    20,000       50   .......  ......
NO2....................  Spectrophotometric-gas phase.  .......  \3\ 0.1  ........      0.5  \4\ 0.1      0.5  .......  ........     0.5  ....    20,000       50   .......  ......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Concentrations of interferent listed must be prepared and controlled to 10 percent of the stated value.
\2\ Analyzer types not listed will be considered by the Administrator as special cases.
\3\ Do not mix with the pollutant.
\4\ Concentration of pollutant used for test. These pollutant concentrations must be prepared to 10 percent of the stated value.
\5\ If candidate method utilizes an elevated-temperature scrubber for removal of aromatic hydrocarbons, perform this interference test.
\6\ If naphthalene test concentration cannot be accurately quantified, remove the scrubber, use a test concentration that causes a full scale response, reattach the scrubber, and evaluate
  response for interference.


[[Page 35]]



     Sec. Table B-4 to Subpart B of Part 53--Line Voltage and Room 
                       Temperature Test Conditions

----------------------------------------------------------------------------------------------------------------
                                                                   Room
                 Test day                  Line voltage,\1\   temperature,\2\               Comments
                                                  rms                C
----------------------------------------------------------------------------------------------------------------
0........................................               115                25  Initial set-up and adjustments.
1........................................               125                20
2........................................               105                20
3........................................               125                30  Adjustments and/or periodic
                                                                                maintenance permitted at end of
                                                                                tests.
4........................................               105                30
5........................................               125                20
6........................................               105                20  Adjustments and/or periodic
                                                                                maintenance permitted at end of
                                                                                tests.
7........................................               125                30  Examine test results to ascertain
                                                                                if further testing is required.
8........................................               105                30
9........................................               125                20  Adjustments and/or periodic
                                                                                maintenance permitted at end of
                                                                                tests.
10.......................................               105                20
11.......................................               125                30
12.......................................               105                30  Adjustments and/or periodic
                                                                                maintenance permitted at end of
                                                                                tests.
13.......................................               125                20
14.......................................               105                20
15.......................................               125                30
----------------------------------------------------------------------------------------------------------------
\1\ Voltage specified shall be controlled to 1 volt.
\2\ Temperatures shall be controlled to 1 C.



    Sec. Table B-5 to Subpart B of Part 53--Symbols and Abbreviations

BL--Analyzer reading at the specified LDL test concentration for the LDL 
test.
BZ--analyzer reading at 0 concentration for the LDL test.
DM--Digital meter.
Cmax--Maximum analyzer reading during the 12ZD test period.
Cmin--Minimum analyzer reading during the 12ZD test period.
i--Subscript indicating the i-th quantity in a series.
IE--Interference equivalent.
L1--First analyzer zero reading for the 24ZD test.
L2--Second analyzer zero reading for the 24ZD test.
n--Subscript indicating the test day number.
P--Analyzer reading for the span drift and precision tests.
Pi--The i-th analyzer reading for the span drift and precision tests.
P20--Precision at 20 percent of URL.
P80--Precision at 80 percent of URL.
ppb--Parts per billion of pollutant gas (usually in air), by volume.
ppm--Parts per million of pollutant gas (usually in air), by volume.
R--Analyzer reading of pollutant alone for the IE test.
R1--Analyzer reading with interferent added for the IE test.
ri--the i-th analyzer or DM reading for the noise test.
S--Standard deviation of the noise test readings.
S0--Noise value (S) measured at 0 concentration.
S80--Noise value (S) measured at 80 percent of the URL.
Sn--Average of P7 . . . P12 for the n-th test day 
of the SD test.
S'n--Adjusted span reading on the n-th test day.
SD--Span drift
URL--Upper range limit of the analyzer's measurement range.
Z--Average of L1 and L2 readings for the 24ZD 
test.
Zn--Average of L1 and L2 readings on the n-th test 
day for the 24ZD test.
Z'n--Adjusted analyzer zero reading on the n-the test day for the 24ZD 
test.
ZD--Zero drift.
12ZD--12-hour zero drift.
24ZD--24-hour zero drift.

[[Page 36]]



 Sec. Appendix A to Subpart B of Part 53--Optional Forms for Reporting 
                              Test Results
[GRAPHIC] [TIFF OMITTED] TR31AU11.013

[GRAPHIC] [TIFF OMITTED] TR31AU11.014


[[Page 37]]


[GRAPHIC] [TIFF OMITTED] TR31AU11.015

[GRAPHIC] [TIFF OMITTED] TR31AU11.016


[[Page 38]]


[GRAPHIC] [TIFF OMITTED] TR31AU11.017


[[Page 39]]


[GRAPHIC] [TIFF OMITTED] TR31AU11.018



  Subpart C_Procedures for Determining Comparability Between Candidate 
                      Methods and Reference Methods

    Source: 71 FR 61278, Oct. 17, 2006, unless otherwise noted.



Sec. 53.30  General provisions.

    (a) Determination of comparability. The test procedures prescribed 
in this subpart shall be used to determine if a candidate method is 
comparable to a reference method when both methods measure pollutant 
concentrations in ambient air. Minor deviations in testing requirements 
and acceptance requirements set forth in this subpart, in connection 
with any documented extenuating circumstances, may be determined by the 
Administrator to be acceptable, at the discretion of the Administrator.
    (b) Selection of test sites. (1) Each test site shall be in an area 
which can be shown to have at least moderate concentrations of various 
pollutants. Each site shall be clearly identified and shall be justified 
as an appropriate test site with suitable supporting evidence such as a 
description of the surrounding

[[Page 40]]

area, characterization of the sources and pollutants typical in the 
area, maps, population density data, vehicular traffic data, emission 
inventories, pollutant measurements from previous years, concurrent 
pollutant measurements, meteorological data, and other information 
useful in supporting the suitability of the site for the comparison test 
or tests.
    (2) If approval of one or more proposed test sites is desired prior 
to conducting the tests, a written request for approval of the test site 
or sites must be submitted to the address given in Sec. 53.4. The 
request should include information identifying the type of candidate 
method and one or more specific proposed test sites along with a 
justification for each proposed specific site as described in paragraph 
(b)(1) of this section. The EPA will evaluate each proposed site and 
approve the site, disapprove the site, or request more information about 
the site. Any such pre-test approval of a test site by the EPA shall 
indicate only that the site meets the applicable test site requirements 
for the candidate method type; it shall not indicate, suggest, or imply 
that test data obtained at the site will necessarily meet any of the 
applicable data acceptance requirements. The Administrator may exercise 
discretion in selecting a different site (or sites) for any additional 
tests the Administrator decides to conduct.
    (c) Test atmosphere. Ambient air sampled at an appropriate test site 
or sites shall be used for these tests. Simultaneous concentration 
measurements shall be made in each of the concentration ranges specified 
in tables C-1, C-3, or C-4 of this subpart, as appropriate.
    (d) Sampling or sample collection. All test concentration 
measurements or samples shall be taken in such a way that both the 
candidate method and the reference method obtain air samples that are 
alike or as nearly identical as practical.
    (e) Operation. Set-up and start-up of the test analyzer(s), test 
sampler(s), and reference method analyzers or samplers shall be in 
strict accordance with the applicable operation manual(s).
    (f) Calibration. The reference method shall be calibrated according 
to the appropriate appendix to part 50 of this chapter (if it is a 
manual method) or according to the applicable operation manual(s) (if it 
is an automated method). A candidate method (or portion thereof) shall 
be calibrated according to the applicable operation manual(s), if such 
calibration is a part of the method.
    (g) Submission of test data and other information. All recorder 
charts, calibration data, records, test results, procedural descriptions 
and details, and other documentation obtained from (or pertinent to) 
these tests shall be identified, dated, signed by the analyst performing 
the test, and submitted. For candidate methods for PM 2.5 and 
PM 10-2.5, all submitted information must meet the 
requirements of the ANSI/ASQC E4 Standard, sections 6 (reference 1 of 
appendix A of this subpart).



Sec. 53.31  [Reserved]



Sec. 53.32  Test procedures for methods for SO2, CO,
O3, and NO2.

    (a) Comparability. Comparability is shown for SO2, CO, 
O3, and NO2 methods when the differences between:
    (1) Measurements made by a candidate manual method or by a test 
analyzer representative of a candidate automated method, and;
    (2) Measurements made simultaneously by a reference method are less 
than or equal to the values for maximum discrepancy specified in table 
C-1 of this subpart.
    (b) Test measurements. All test measurements are to be made at the 
same test site. If necessary, the concentration of pollutant in the 
sampled ambient air may be augmented with artificially generated 
pollutant to facilitate measurements in the specified ranges, as 
described under paragraph (f)(4) of this section.
    (c) Requirements for measurements or samples. All test measurements 
made or test samples collected by means of a sample manifold as 
specified in paragraph (f)(4) of this section shall be at a room 
temperature between 20 and 30 C, and at a line voltage between 105 and 
125 volts. All methods shall be calibrated as specified in Sec. 53.30(f) 
prior to initiation of the tests.

[[Page 41]]

    (d) Set-up and start-up. (1) Set-up and start-up of the test 
analyzer, test sampler(s), and reference method shall be in strict 
accordance with the applicable operation manual(s). If the test analyzer 
does not have an integral strip chart or digital data recorder, connect 
the analyzer output to a suitable strip chart or digital data recorder. 
This recorder shall have a chart width of at least 25 centimeters, a 
response time of 1 second or less, a deadband of not more than 0.25 
percent of full scale, and capability of either reading measurements at 
least 5 percent below zero or offsetting the zero by at least 5 percent. 
Digital data shall be recorded at appropriate time intervals such that 
trend plots similar to a strip chart recording may be constructed with a 
similar or suitable level of detail.
    (2) Other data acquisition components may be used along with the 
chart recorder during the conduct of these tests. Use of the chart 
recorder is intended only to facilitate visual evaluation of data 
submitted.
    (3) Allow adequate warmup or stabilization time as indicated in the 
applicable operation manual(s) before beginning the tests.
    (e) Range. (1) Except as provided in paragraph (e)(2) of this 
section, each method shall be operated in the range specified for the 
reference method in the appropriate appendix to part 50 of this chapter 
(for manual reference methods), or specified in table B-1 of subpart B 
of this part (for automated reference methods).
    (2) For a candidate method having more than one selectable range, 
one range must be that specified in table B-1 of subpart B of this part, 
and a test analyzer representative of the method must pass the tests 
required by this subpart while operated on that range. The tests may be 
repeated for one or more broader ranges (i.e., ones extending to higher 
concentrations) than the one specified in table B-1 of subpart B of this 
part, provided that such a range does not extend to concentrations more 
than four times the upper range limit specified in table B-1 of subpart 
B of this part and that the test analyzer has passed the tests required 
by subpart B of this part (if applicable) for the broader range. If the 
tests required by this subpart are conducted or passed only for the 
range specified in table B-1 of subpart B of this part, any equivalent 
method determination with respect to the method will be limited to that 
range. If the tests are passed for both the specified range and a 
broader range (or ranges), any such determination will include the 
broader range(s) as well as the specified range. Appropriate test data 
shall be submitted for each range sought to be included in such a 
determination.
    (f) Operation of automated methods. (1) Once the test analyzer has 
been set up and calibrated and tests started, manual adjustment or 
normal periodic maintenance, as specified in the manual referred to in 
Sec. 53.4(b)(3), is permitted only every 3 days. Automatic adjustments 
which the test analyzer performs by itself are permitted at any time. 
The submitted records shall show clearly when manual adjustments were 
made and describe the operations performed.
    (2) All test measurements shall be made with the same test analyzer; 
use of multiple test analyzers is not permitted. The test analyzer shall 
be operated continuously during the entire series of test measurements.
    (3) If a test analyzer should malfunction during any of these tests, 
the entire set of measurements shall be repeated, and a detailed 
explanation of the malfunction, remedial action taken, and whether 
recalibration was necessary (along with all pertinent records and 
charts) shall be submitted.
    (4) Ambient air shall be sampled from a common intake and 
distribution manifold designed to deliver homogenous air samples to both 
methods. Precautions shall be taken in the design and construction of 
this manifold to minimize the removal of particulate matter and trace 
gases, and to insure that identical samples reach the two methods. If 
necessary, the concentration of pollutant in the sampled ambient air may 
be augmented with artificially generated pollutant. However, at all 
times the air sample measured by the candidate and reference methods 
under test shall consist of not less than 80 percent ambient air by 
volume.

[[Page 42]]

Schematic drawings, physical illustrations, descriptions, and complete 
details of the manifold system and the augmentation system (if used) 
shall be submitted.
    (g) Tests. (1) Conduct the first set of simultaneous measurements 
with the candidate and reference methods:
    (i) Table C-1 of this subpart specifies the type (1-or 24-hour) and 
number of measurements to be made in each of the three test 
concentration ranges.
    (ii) The pollutant concentration must fall within the specified 
range as measured by the reference method.
    (iii) The measurements shall be made in the sequence specified in 
table C-2 of this subpart.
    (2) For each pair of measurements, determine the difference 
(discrepancy) between the candidate method measurement and reference 
method measurement. A discrepancy which exceeds the discrepancy 
specified in table C-1 of this subpart constitutes a failure. Figure C-1 
of this subpart contains a suggested format for reporting the test 
results.
    (3) The results of the first set of measurements shall be 
interpreted as follows:
    (i) Zero failures: The candidate method passes the test for 
comparability.
    (ii) Three or more failures: The candidate method fails the test for 
comparability.
    (iii) One or two failures: Conduct a second set of simultaneous 
measurements as specified in table C-1 of this subpart. The results of 
the combined total of first-set and second-set measurements shall be 
interpreted as follows:
    (A) One or two failures: The candidate method passes the test for 
comparability.
    (B) Three or more failures: The candidate method fails the test for 
comparability.
    (iv) For SO2, the 1-hour and 24-hour measurements shall 
be interpreted separately, and the candidate method must pass the tests 
for both 1- and 24-hour measurements to pass the test for comparability.
    (4) A 1-hour measurement consists of the integral of the 
instantaneous concentration over a 60-minute continuous period divided 
by the time period. Integration of the instantaneous concentration may 
be performed by any appropriate means such as chemical, electronic, 
mechanical, visual judgment, or by calculating the mean of not less than 
12 equally-spaced instantaneous readings. Appropriate allowances or 
corrections shall be made in cases where significant errors could occur 
due to characteristic lag time or rise/fall time differences between the 
candidate and reference methods. Details of the means of integration and 
any corrections shall be submitted.
    (5) A 24-hour measurement consists of the integral of the 
instantaneous concentration over a 24-hour continuous period divided by 
the time period. This integration may be performed by any appropriate 
means such as chemical, electronic, mechanical, or by calculating the 
mean of twenty-four (24) sequential 1-hour measurements.
    (6) For O3 and CO, no more than six 1-hour measurements 
shall be made per day. For SO2, no more than four 1-hour 
measurements or one 24-hour measurement shall be made per day. One-hour 
measurements may be made concurrently with 24-hour measurements if 
appropriate.
    (7) For applicable methods, control or calibration checks may be 
performed once per day without adjusting the test analyzer or method. 
These checks may be used as a basis for a linear interpolation-type 
correction to be applied to the measurements to correct for drift. If 
such a correction is used, it shall be applied to all measurements made 
with the method, and the correction procedure shall become a part of the 
method.

[62 FR 38784, July 18, 1997, as amended at 75 FR 35601, June 22, 2010; 
80 FR 65466, Oct. 26, 2015]



Sec. 53.33  Test Procedure for Methods for Lead (Pb).

    (a) General. The reference method for Pb in TSP includes two parts, 
the reference method for high-volume sampling of TSP as specified in 40 
CFR 50, appendix B and the analysis method for Pb in TSP as specified in 
40 CFR 50, appendix G. Correspondingly, the reference method for Pb in 
PM 10 includes the reference method for low-volume

[[Page 43]]

sampling of PM 10 in 40 CFR 50, appendix O and the analysis 
method of Pb in PM 10 as specified in 40 CFR 50, appendix Q. 
This section explains the procedures for demonstrating the equivalence 
of either a candidate method for Pb in TSP to the high-volume reference 
methods, or a candidate method for Pb in PM 10 to the low-
volume reference methods.
    (1) Pb in TSP--A candidate method for Pb in TSP specifies reporting 
of Pb concentrations in terms of standard temperature and pressure. 
Comparisons of candidate methods to the reference method in 40 CFR 50, 
appendix G must be made in a consistent manner with regard to 
temperature and pressure.
    (2) Pb in PM 10--A candidate method for Pb in PM 
10 must specify reporting of Pb concentrations in terms of 
local conditions of temperature and pressure, which will be compared to 
similarly reported concentrations from the reference method in 40 CFR 50 
appendix Q.
    (b) Comparability. Comparability is shown for Pb methods when the 
differences between:
    (1) Measurements made by a candidate method, and
    (2) Measurements made by the reference method on simultaneously 
collected Pb samples (or the same sample, if applicable), are less than 
or equal to the values specified in table C-3 of this subpart.
    (c) Test measurements. Test measurements may be made at any number 
of test sites. Augmentation of pollutant concentrations is not 
permitted, hence an appropriate test site or sites must be selected to 
provide Pb concentrations in the specified range.
    (d) Collocated samplers. The ambient air intake points of all the 
candidate and reference method collocated samplers shall be positioned 
at the same height above the ground level, and between 2 meters (1 meter 
for samplers with flow rates less than 200 liters per minute (L/min)) 
and 4 meters apart. The samplers shall be oriented in a manner that will 
minimize spatial and wind directional effects on sample collection.
    (e) Sample collection. Collect simultaneous 24-hour samples of Pb at 
the test site or sites with both the reference and candidate methods 
until at least 10 sample pairs have been obtained.
    (1) A candidate method for Pb in TSP which employs a sampler and 
sample collection procedure that are identical to the sampler and sample 
collection procedure specified in the reference method in 40 CFR part 
50, Appendix B, but uses a different analytical procedure than specified 
in 40 CFR Appendix G, may be tested by analyzing pairs of filter strips 
taken from a single TSP reference sampler operated according to the 
procedures specified by that reference method.
    (2) A candidate method for Pb in PM 10 which employs a 
sampler and sample collection procedure that are identical to the 
sampler and sample collection procedure specified in the reference 
method in 40 CFR part 50, Appendix O, but uses a different analytical 
procedure than specified in 40 CFR Appendix Q, requires the use of two 
PM 10 reference samplers because a single 46.2-mm filter from 
a reference sampler may not be divided prior to analysis. It is possible 
to analyze a 46.2-mm filter first with the non-destructive X-ray 
Fluorescence (XRF) FRM and subsequently extract the filter for other 
analytical techniques. If the filter is subject to XRF with subsequent 
extraction for other analyses, then a single PM 10 reference 
sampler may be used for sample collection.
    (3) A candidate method for Pb in TSP or Pb in PM 10 which 
employs a direct reading (e.g., continuous or semi-continuous sampling) 
method that uses the same sampling inlet and flow rate as the FRM and 
the same or different analytical procedure may be tested. The direct 
measurements are then aggregated to 24-hour equivalent concentrations 
for comparison with the FRM. For determining precision in section (k), 
two collocated direct reading devices must be used.
    (f) Audit samples. Three audit samples must be obtained from the 
address given in Sec. 53.4(a). For Pb in TSP collected by the high-
volume sampling method, the audit samples are \3/4\  8-inch glass fiber 
strips containing known amounts of Pb in micrograms per strip (mg/strip) 
equivalent to the following nominal percentages of the

[[Page 44]]

National Ambient Air Quality Standard (NAAQS): 30%, 100%, and 250%. For 
Pb in PM 10 collected by the low-volume sampling method, the 
audit samples are 46.2-mm polytetrafluorethylene (PTFE) filters 
containing known amounts of Pb in micrograms per filter (mg/filter) 
equivalent to the same percentages of the NAAQS: 30%, 100%, and 250%. 
The true amount of Pb (Tqi), in total mg/strip (for TSP) or total mg/
filter (for PM 10), will be provided for each audit sample.
    (g) Filter analysis. (1) For both the reference method samples (e) 
and the audit samples (f), analyze each filter or filter extract three 
times in accordance with the reference method analytical procedure. This 
applies to both the Pb in TSP and Pb in PM 10 methods. The 
analysis of replicates should not be performed sequentially, i.e., a 
single sample should not be analyzed three times in sequence. Calculate 
the indicated Pb concentrations for the reference method samples in 
micrograms per cubic meter (mg/m\3\) for each analysis of each filter. 
Calculate the indicated total Pb amount for the audit samples in mg/
strip for each analysis of each strip or mg/filter for each analysis of 
each audit filter. Label these test results as R1A, 
R1B, R1C, R2A, R2B, etc., 
Q1A, Q1B, Q1C, etc., where R denotes 
results from the reference method samples; Q denotes results from the 
audit samples; 1, 2, 3 indicate the filter number, and A, B, C indicate 
the first, second, and third analysis of each filter, respectively.
    (2) For the candidate method samples, analyze each sample filter or 
filter extract three times and calculate, in accordance with the 
candidate method, the indicated Pb concentration in mg/m \3\ for each 
analysis of each filter. The analysis of replicates should not be 
performed sequentially. Label these test results as C1A, 
C1B, C2C, etc., where C denotes results from the 
candidate method. For candidate methods which provide a direct reading 
or measurement of Pb concentrations without a separable procedure, 
C1A = C1B = C1C, C2A = 
C2B = C2C, etc.
    (h) Average Pb concentration. For the reference method, calculate 
the average Pb concentration for each filter by averaging the 
concentrations calculated from the three analyses as described in (g)(1) 
using equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR12NO08.003

Where, i is the filter number.

    (i) Analytical Bias. (1) For the audit samples, calculate the 
average Pb concentration for each strip or filter analyzed by the 
reference method by averaging the concentrations calculated from the 
three analyses as described in (g)(1) using equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR12NO08.004

Where, i is audit sample number.

    (2) Calculate the percent difference (Dq) between the 
average Pb concentration for each audit sample and the true Pb 
concentration (Tq) using equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR12NO08.005

    (3) If any difference value (Dqi) exceeds 5 percent, the 
bias of the reference method analytical procedure is out-of-control. 
Corrective action must be taken to determine the source of the error(s) 
(e.g., calibration standard discrepancies, extraction problems, etc.) 
and the reference method and audit sample determinations must be 
repeated according to paragraph (g) of this section, or the entire test 
procedure (starting with paragraph (e) of this section) must be 
repeated.
    (j) Acceptable filter pairs. Disregard all filter pairs for which 
the Pb concentration, as determined in paragraph (h) of this section by 
the average of the three reference method determinations, falls outside 
the range of 30% to 250% of the Pb NAAQS level in mg/m\3\ for Pb in both 
TSP and PM 10. All remaining filter pairs must be subjected 
to the tests for precision and comparability in paragraphs (k) and (l) 
of this section. At

[[Page 45]]

least five filter pairs must be within the specified concentration range 
for the tests to be valid.
    (k) Test for precision. (1) Calculate the precision (P) of the 
analysis (in percent) for each filter and for each method, as the 
maximum minus the minimum divided by the average of the three 
concentration values, using equation 4 or equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR12NO08.006

Where, i indicates the filter number.

    (2) If a direct reading candidate method is tested, the precision is 
determined from collocated devices using equation 5 above.
    (3) If any reference method precision value (PRi) exceeds 
15 percent, the precision of the reference method analytical procedure 
is out-of-control. Corrective action must be taken to determine the 
source(s) of imprecision, and the reference method determinations must 
be repeated according to paragraph (g) of this section, or the entire 
test procedure (starting with paragraph (e) of this section) must be 
repeated.
    (4) If any candidate method precision value (PCi) exceeds 
15 percent, the candidate method fails the precision test.
    (5) The candidate method passes this test if all precision values 
(i.e., all PRi's and all PCi's) are less than 15 
percent.
    (l) Test for comparability. (1) For each filter or analytical sample 
pair, calculate all nine possible percent differences (D) between the 
reference and candidate methods, using all nine possible combinations of 
the three determinations (A, B, and C) for each method using equation 6 
of this section:
[GRAPHIC] [TIFF OMITTED] TR12NO08.007

Where, i is the filter number, and n numbers from 1 to 9 for the nine 
          possible difference combinations for the three determinations 
          for each method (j = A, B, C, candidate; k = A, B, C, 
          reference).

    (2) If none of the percent differences (D) exceeds 20 percent, the 
candidate method passes the test for comparability.
    (3) If one or more of the percent differences (D) exceed 20 
percent, the candidate method fails the test for comparability.
    (4) The candidate method must pass both the precision test 
(paragraph (k) of this section) and the comparability test (paragraph 
(l) of this section) to qualify for designation as an equivalent method.
    (m) Method Detection Limit (MDL). Calculate the estimated MDL using 
the guidance provided in 40 CFR, Part 136 Appendix B. It is essential 
that all sample processing steps of the analytical method be included in 
the determination of the method detection limit. Take a minimum of seven 
blank filters from each lot to be used and calculate the detection limit 
by processing each through the entire candidate analytical method. Make 
all computations according to the defined method with the final results 
in mg/m\3\. The MDL of the candidate method must be equal to, or less 
than 5% of the level of the Pb NAAQS.

[73 FR 67057, Nov. 12, 2008]



Sec. 53.34  Test procedure for methods for PM 10 and Class I methods for PM 2.5.

    (a) Comparability. Comparability is shown for PM 10 
methods and for Class I methods for PM 2.5 when the 
relationship between:
    (1) Measurements made by a candidate method, and
    (2) Measurements made by a corresponding reference method on 
simultaneously collected samples (or the same sample, if applicable) at 
each of one or more test sites (as required) is

[[Page 46]]

such that the linear regression parameters (slope, intercept, and 
correlation coefficient) describing the relationship meet the 
requirements specified in table C-4 of this subpart.
    (b) Methods for PM10. Test measurements must be made, or derived 
from particulate samples collected, at not less than two test sites, 
each of which must be located in a geographical area characterized by 
ambient particulate matter that is significantly different in nature and 
composition from that at the other test site(s). Augmentation of 
pollutant concentrations is not permitted, hence appropriate test sites 
must be selected to provide the minimum number of test PM 10 
concentrations in the ranges specified in table C-4 of this subpart. The 
tests at the two sites may be conducted in different calendar seasons, 
if appropriate, to provide PM 10 concentrations in the 
specified ranges.
    (c) PM10 methods employing the same sampling procedure as the 
reference method but a different analytical method. Candidate methods 
for PM 10 which employ a sampler and sample collection 
procedure that are identical to the sampler and sample collection 
procedure specified in the reference method, but use a different 
analytical procedure, may be tested by analyzing common samples. The 
common samples shall be collected according to the sample collection 
procedure specified by the reference method and shall be analyzed in 
accordance with the analytical procedures of both the candidate method 
and the reference method.
    (d) Methods for PM2.5. Augmentation of pollutant concentrations is 
not permitted, hence appropriate test sites must be selected to provide 
the minimum number of test measurement sets to meet the requirements for 
PM 2.5 concentrations in the ranges specified in table C-4 of 
this subpart. Only one test site is required, and the site need only 
meet the PM 2.5 ambient concentration levels required by 
table C-4 of this subpart and the requirements of Sec. 53.30(b) of this 
subpart. A total of 10 valid measurement sets is required.
    (e) Collocated measurements. (1) Set up three reference method 
samplers collocated with three candidate method samplers or analyzers at 
each of the number of test sites specified in table C-4 of this subpart.
    (2) The ambient air intake points of all the candidate and reference 
method collocated samplers or analyzers shall be positioned at the same 
height above the ground level, and between 2 meters (1 meter for 
samplers or analyzers with flow rates less than 200 L/min) and 4 meters 
apart. The samplers shall be oriented in a manner that will minimize 
spatial and wind directional effects on sample collection.
    (3) At each site, obtain as many sets of simultaneous PM 
10 or PM 2.5 measurements as necessary (see table 
C-4 of this subpart), each set consisting of three reference method and 
three candidate method measurements, all obtained simultaneously.
    (4) Candidate PM 10 method measurements shall be nominal 
24-hour (1 hour) integrated measurements or shall be averaged to obtain 
the mean concentration for a nominal 24-hour period. PM 2.5 
measurements may be either nominal 24-or 48-hour integrated 
measurements. All collocated measurements in a measurement set must 
cover the same nominal 24-or 48-hour time period.
    (5) For samplers, retrieve the samples promptly after sample 
collection and analyze each sample according to the reference method or 
candidate method, as appropriate, and determine the PM 10 or 
PM 2.5 concentration in mg/m\3\. If the conditions of 
paragraph (c) of this section apply, collect sample sets only with the 
three reference method samplers. Guidance for quality assurance 
procedures for PM 2.5 methods is found in ``Quality Assurance 
Document 2.12'' (reference (2) in appendix A to this subpart).
    (f) Sequential samplers. For sequential samplers, the sampler shall 
be configured for the maximum number of sequential samples and shall be 
set for automatic collection of all samples sequentially such that the 
test samples are collected equally, to the extent possible, among all 
available sequential channels or utilizing the full available sequential 
capability.
    (g) Calculation of reference method averages and precisions. (1) For 
each of the measurement sets, calculate the

[[Page 47]]

average PM 10 or PM 2.5 concentration obtained 
with the reference method samplers, using equation 7 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.021

Where:

R = The concentration measurements from the reference methods;
i = The sampler number; and
j = The measurement set number.

    (2) For each of the measurement sets, calculate the precision of the 
reference method PM 10 or PM 2.5 measurements as 
the standard deviation, PRj, using equation 8 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.022

    (3) For each measurement set, also calculate the precision of the 
reference method PM 10 or PM 2.5 measurements as 
the relative standard deviation, RPRj, in percent, using 
equation 9 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.023

    (h) Acceptability of measurement sets. Each measurement set is 
acceptable and valid only if the three reference method measurements and 
the three candidate method measurements are obtained and are valid, 
Rj falls within the acceptable concentration range specified 
in table C-4 of this subpart, and either PRj or 
RPRj is within the corresponding limit for reference method 
precision specified in table C-4 of this subpart. For each site, table 
C-4 of this subpart specifies the minimum number of measurement sets 
required having Rj above and below specified concentrations 
for 24- or 48-hour samples. Additional measurement sets shall be 
obtained, as necessary, to provide the minimum number of acceptable 
measurement sets for each category and the minimum total number of 
acceptable measurement sets for each test site. If more than the minimum 
number of measurement sets are collected that meet the acceptability 
criteria, all such measurement sets shall be used to demonstrate 
comparability.
    (i) Candidate method average concentration measurement. For each of 
the acceptable measurement sets, calculate the average PM 10 
or PM 2.5 concentration measurements obtained with the 
candidate method samplers, using equation 10 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.024

Where:

C = The concentration measurements from the candidate methods;
i = The measurement number in the set; and
j = The measurement set number.

    (j) Test for comparability. (1) For each site, plot all of the 
average PM 10 or PM 2.5 measurements obtained with 
the candidate method (Cj) against the corresponding average 
PM 10 or PM 2.5 measurements obtained with the 
reference method (Rj. For each site, calculate and record the 
linear regression slope and intercept, and the correlation coefficient.
    (2) To pass the test for comparability, the slope, intercept, and 
correlation coefficient calculated under paragraph (j)(1) of this 
section must be within the limits specified in table C-4 of this subpart 
for all test sites.



Sec. 53.35  Test procedure for Class II and Class III methods for
PM 2.5 and PM ^2.5.

    (a) Overview. Class II and Class III candidate equivalent methods 
shall be tested for comparability of PM 2.5 or PM 
10-2.5 measurements to corresponding collocated PM 
2.5 or PM 10-2.5 reference method measurements at 
each of multiple field sites, as required.

[[Page 48]]

Comparability is shown for the candidate method when simultaneous 
collocated measurements made by candidate and reference methods meet the 
comparability requirements specified in this section Sec. 53.35 and in 
table C-4 of this subpart at each of the required test sites.
    (b) Test sites and seasons. A summary of the test site and seasonal 
testing requirements is presented in table C-5 of this subpart.
    (1) Test sites. Comparability testing is required at each of the 
applicable U.S. test sites required by this paragraph (b). Each test 
site must also meet the general test site requirements specified in 
Sec. 53.30(b).
    (i) PM2.5 Class II and Class III candidate methods. Test sites 
should be chosen to provide representative chemical and meteorological 
characteristics with respect to nitrates, sulfates, organic compounds, 
and various levels of temperature, humidity, wind, and elevation. For 
Class III methods, one test site shall be selected in each of the 
following four general locations (A, B, C, and D). For Class II methods, 
two test sites, one western site (A or B) and one midwestern or eastern 
site (C or D), shall be selected from these locations.
    (A) Test site A shall be in the Los Angeles basin or California 
Central Valley area in a location that is characterized by relatively 
high PM 2.5, nitrates, and semi-volatile organic pollutants.
    (B) Test site B shall be in a western city such as Denver, Salt Lake 
City, or Albuquerque in an area characterized by cold weather, higher 
elevation, winds, and dust.
    (C) Test site C shall be in a midwestern city characterized by 
substantial temperature variation, high nitrates, and wintertime 
conditions.
    (D) Test site D shall be in a northeastern or mid-Atlantic city that 
is seasonally characterized by high sulfate concentrations and high 
relative humidity.
    (ii) PM10	2.5 Class II and Class III candidate methods. Test sites 
shall be chosen to provide modest to high levels of PM 10-2.5 
representative of locations in proximity to urban sources of PM 
10-2.5 such as high-density traffic on paved roads, 
industrial sources, and construction activities. For Class III methods, 
one test site shall be selected in each of the four following general 
locations (A, B, C, and D), and at least one of the test sites shall 
have characteristic wintertime temperatures of 0 C or lower. For Class 
II methods, two test sites, one western site (A or B) and one midwestern 
or eastern site (C or D), shall be selected from these locations.
    (A) Test site A shall be in the Los Angeles basin or the California 
Central Valley area in a location that is characterized by relatively 
high PM 2.5, nitrates, and semi-volatile organic pollutants.
    (B) Test site B shall be in a western city characterized by a high 
ratio of PM 10-2.5 to PM 2.5, with exposure to 
windblown dust, such as Las Vegas or Phoenix.
    (C) Test site C shall be in a midwestern city characterized by 
substantial temperature variation, high nitrates, and wintertime 
conditions.
    (D) Test site D shall be in a large city east of the Mississippi 
River, having characteristically high sulfate concentrations and high 
humidity levels.
    (2) Test seasons. (i) For PM 2.5 and PM 10-2.5 
Class III candidate methods, test campaigns are required in both summer 
and winter seasons at test site A, in the winter season only at test 
sites B and C, and in the summer season only at test site D. (A total of 
five test campaigns is required.) The summer season shall be defined as 
the typically warmest three or four months of the year at the site; the 
winter season shall be defined as the typically coolest three or four 
months of the year at the site.
    (ii) For Class II PM 2.5 and PM 10-2.5 
candidate methods, one test campaign is required at test site A or B and 
a second test campaign at test site C or D (total of two test 
campaigns).
    (3) Test concentrations. The test sites should be selected to 
provide ambient concentrations within the concentration limits specified 
in table C-4 of this subpart, and also to provide a wide range of test 
concentrations. A narrow range of test concentrations may result in a 
low concentration coefficient of variation statistic for the test 
measurements, making the test for correlation coefficient more difficult 
to pass

[[Page 49]]

(see paragraph (h) of this section, test for comparison correlation).
    (4) Pre-approval of test sites. The EPA recommends that the 
applicant seek EPA approval of each proposed test site prior to 
conducting test measurements at the site. To do so, the applicant should 
submit a request for approval as described in Sec. 53.30(b)(2).
    (c) Collocated measurements. (1) For each test campaign, three 
reference method samplers and three candidate method samplers or 
analyzers shall be installed and operated concurrently at each test site 
within each required season (if applicable), as specified in paragraph 
(b) of this section. All reference method samplers shall be of single-
filter design (not multi-filter, sequential sample design). Each 
candidate method shall be setup and operated in accordance with its 
associated manual referred to in Sec. 53.4(b)(3) and in accordance with 
applicable guidance in ``Quality Assurance Document 2.12'' (reference 
(2) in appendix A to this subpart). All samplers or analyzers shall be 
placed so that they sample or measure air representative of the 
surrounding area (within one kilometer) and are not unduly affected by 
adjacent buildings, air handling equipment, industrial operations, 
traffic, or other local influences. The ambient air inlet points of all 
samplers and analyzers shall be positioned at the same height above the 
ground level and between 2 meters (1 meter for instruments having sample 
inlet flow rates less than 200 L/min) and 4 meters apart.
    (2) A minimum of 23 valid and acceptable measurement sets of PM 
2.5 or PM 10-2.5 24-hour (nominal) concurrent 
concentration measurements shall be obtained during each test campaign 
at each test site. To be considered acceptable for the test, each 
measurement set shall consist of at least two valid reference method 
measurements and at least two valid candidate method measurements, and 
the PM 2.5 or PM 10-2.5 measured concentration, as 
determined by the average of the reference method measurements, must 
fall within the acceptable concentration range specified in table C-4 of 
this subpart. Each measurement set shall include all valid measurements 
obtained. For each measurement set containing fewer than three reference 
method measurements or fewer than three candidate method measurements, 
an explanation and appropriate justification shall be provided to 
account for the missing measurement or measurements.
    (3) More than 23 valid measurement sets may be obtained during a 
particular test campaign to provide a more advantageous range of 
concentrations, more representative conditions, additional higher or 
lower measurements, or to otherwise improve the comparison of the 
methods. All valid data sets obtained during each test campaign shall be 
submitted and shall be included in the analysis of the data.
    (4) The integrated-sample reference method measurements shall be of 
at least 22 hours and not more than 25 hours duration. Each reference 
method sample shall be retrieved promptly after sample collection and 
analyzed according to the reference method to determine the PM 
2.5 or PM 10-2.5 measured concentration in mg/
m\3\. Guidance and quality assurance procedures applicable to PM 
2.5 or PM 10-2.5 reference methods are found in 
``Quality Assurance Document 2.12'' (reference (2) in appendix A to this 
subpart).
    (5) Candidate method measurements shall be timed or processed and 
averaged as appropriate to determine an equivalent mean concentration 
representative of the same time period as that of the concurrent 
integrated-sample reference method measurements, such that all 
measurements in a measurement set shall be representative of the same 
time period. In addition, hourly average concentration measurements 
shall be obtained from each of the Class III candidate method analyzers 
for each valid measurement set and submitted as part of the application 
records.
    (6) In the following tests, all measurement sets obtained at a 
particular test site, from both seasonal campaigns if applicable, shall 
be combined and included in the test data analysis for the site. Data 
obtained at different test sites shall be analyzed separately. All 
measurements should be reported as

[[Page 50]]

normally obtained, and no measurement values should be rounded or 
truncated prior to data analysis. In particular, no negative measurement 
value, if otherwise apparently valid, should be modified, adjusted, 
replaced, or eliminated merely because its value is negative. Calculated 
mean concentrations or calculated intermediate quantities should retain 
at least one order-of-magnitude greater resolution than the input 
values. All measurement data and calculations shall be recorded and 
submitted in accordance with Sec. 53.30(g), including hourly test 
measurements obtained from Class III candidate methods.
    (d) Calculation of mean concentrations--(1) Reference method outlier 
test. For each of the measurement sets for each test site, check each 
reference method measurement to see if it might be an anomalous value 
(outlier) as follows, where Ri,j is the measurement of 
reference method sampler i on test day j. In the event that one of the 
reference method measurements is missing or invalid due to a specific, 
positively-identified physical cause (e.g., sampler malfunction, 
operator error, accidental damage to the filter, etc.; see paragraph 
(c)(2) of this section), then substitute zero for the missing 
measurement, for the purposes of this outlier test only.
    (i) Calculate the quantities 2  R1,j/(R1,j + 
R2,j) and 2  R1,j/(R1,j + 
R3,j). If both quantities fall outside of the interval, 
(0.93, 1.07), then R1,j is an outlier.
    (ii) Calculate the quantities 2  R2,j/(R2,j + 
R1,j) and 2  R2,j/(R2,j + 
R3,j). If both quantities fall outside of the interval, 
(0.93, 1.07), then R2,j is an outlier.
    (iii) Calculate the quantities 2  R3,j/(R3,j 
+ R1,j) and 2  R3,j/(R3,j + 
R2,j). If both quantities fall outside of the interval, 
(0.93, 1.07), then R3,j is an outlier.
    (iv) If this test indicates that one of the reference method 
measurements in the measurement set is an outlier, the outlier 
measurement shall be eliminated from the measurement set, and the other 
two measurements considered valid. If the test indicates that more than 
one reference method measurement in the measurement set is an outlier, 
the entire measurement set (both reference and candidate method 
measurements) shall be excluded from further data analysis for the tests 
of this section.
    (2) For each of the measurement sets for each test site, calculate 
the mean concentration for the reference method measurements, using 
equation 11 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.025

Where:

Rj = The mean concentration measured by the reference method 
          for the measurement set;
Ri,j = The measurement of reference method sampler i on test 
          day j; and
n = The number of valid reference method measurements in the measurement 
          set (normally 3).

    (3) Any measurement set for which Rj does not fall in the 
acceptable concentration range specified in table C-4 of this subpart is 
not valid, and the entire measurement set (both reference and candidate 
method measurements) must be eliminated from further data analysis.
    (4) For each of the valid measurement sets at each test site, 
calculate the mean concentration for the candidate method measurements, 
using equation 12 of this section. (The outlier test in paragraph (d)(1) 
of this section shall not be applied to the candidate method 
measurements.)
[GRAPHIC] [TIFF OMITTED] TR41AD07.000

Where:

Cj = The mean concentration measured by the candidate method 
          for the measurement set;
Ci,j = The measurement of the candidate method sampler or 
          analyzer i on test day j; and
m = The number of valid candidate method measurements in the measurement 
          set (normally 3).

    (e) Test for reference method precision. (1) For each of the 
measurement sets

[[Page 51]]

for each site, calculate an estimate for the relative precision of the 
reference method measurements, RPj, using equation 13 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR41AD07.001

    (2) For each site, calculate an estimate of reference method 
relative precision for the site, RP, using the root mean square 
calculation of equation 14 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.028

Where, J is the total number of valid measurement sets for the site.

    (3) Verify that the estimate for reference method relative precision 
for the site, RP, is not greater than the value specified for reference 
method precision in table C-4 of this subpart. A reference method 
relative precision greater than the value specified in table C-4 of this 
subpart indicates that quality control for the reference method is 
inadequate, and corrective measures must be implemented before 
proceeding with the test.
    (f) Test for candidate method precision. (1) For each of the 
measurement sets, for each site, calculate an estimate for the relative 
precision of the candidate method measurements, CPj, using 
equation 15 of this section:
[GRAPHIC] [TIFF OMITTED] TR41AD07.002

    (2) For each site, calculate an estimate of candidate method 
relative precision for the site, CP, using the root mean square 
calculation of equation 16 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.030

Where, J is the total number of valid measurement sets for the site.

    (3) To pass the test for precision, the mean candidate method 
relative precision at each site must not be greater than the value for 
candidate method precision specified in table C-4 of this subpart.
    (g) Test for additive and multiplicative bias (comparative slope and 
intercept). (1) For each test site, calculate the mean concentration 
measured by the reference method, R, using equation 17 of this section:
[GRAPHIC] [TIFF OMITTED] TR41AD07.003

    (2) For each test site, calculate the mean concentration measured by 
the candidate method, C, using equation 18 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.032

    (3) For each test site, calculate the linear regression slope and 
intercept of the mean candidate method measurements (Cj) 
against the mean reference method measurements (Rj), using 
equations 19 and 20 of this section, respectively:

[[Page 52]]

[GRAPHIC] [TIFF OMITTED] TR17OC06.033

[GRAPHIC] [TIFF OMITTED] TR17OC06.034

    (4) To pass this test, at each test site:
    (i) The slope (calculated to at least 2 decimal places) must be in 
the interval specified for regression slope in table C-4 of this 
subpart; and
    (ii) The intercept (calculated to at least 2 decimal places) must be 
in the interval specified for regression intercept in table C-4 of this 
subpart.
    (iii) The slope and intercept limits are illustrated in figures C-2 
and C-3 of this subpart.
    (h) Tests for comparison correlation. (1) For each test site, 
calculate the (Pearson) correlation coefficient, r (not the coefficient 
of determination, r\2\), using equation 21 of this section:
[GRAPHIC] [TIFF OMITTED] TR41AD07.004

    (2) For each test site, calculate the concentration coefficient of 
variation, CCV, using equation 22 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.036

    (3) To pass the test, the correlation coefficient, r, for each test 
site must not be less than the values, for various values of CCV, 
specified for correlation in table C-4 of this subpart. These limits are 
illustrated in figure C-4 of this subpart.

[71 FR 61278, Oct. 17, 2006, as amended at 72 FR 32202, June 12, 2007]



   Sec. Table C-1 to Subpart C of Part 53--Test Concentration Ranges, 
 Number of Measurements Required, and Maximum Discrepancy Specifications

----------------------------------------------------------------------------------------------------------------
                                                          Simultaneous measurements required
                                                     --------------------------------------------     Maximum
                                     Concentration           1-hour                24-hour          discrepancy
            Pollutant              range, parts per  -------------------------------------------- specification,
                                     million (ppm)                 Second                Second      parts per
                                                      First set     set     First set     set         million
----------------------------------------------------------------------------------------------------------------
Ozone...........................  Low 0.06 to 0.10..          5          6  .........  .........            0.02
                                  Med. 0.15 to 0.25.          5          6  .........  .........            0.03
                                  High 0.35 to 0.46.          4          6  .........  .........            0.04
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                                     Total..........         14         18  .........  .........
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Carbon monoxide.................  Low 7 to 11.......          5          6  .........  .........             1.5
                                  Med. 20 to 30.....          5          6  .........  .........             2.0
                                  High 25 to 45.....          4          6  .........  .........             3.0
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                                     Total..........         14         18  .........  .........
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Sulfur dioxide..................  Low 0.02 to 0.05..          5          6          3          3            0.02
                                  Med. 0.10 to 0.15.          5          6          2          3            0.03
                                  High 0.30 to 0.50.          4          6          2          2            0.04
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
                                     Total..........         14         18          7          8
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Nitrogen dioxide................  Low 0.02 to 0.08..  .........  .........          3          3            0.02
                                  Med. 0.10 to 0.20.  .........  .........          2          2            0.02
                                  High 0.25.........  .........  .........          2          2            0.03
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

[[Page 53]]

 
                                     Total..........  .........  .........          7          8  ..............
----------------------------------------------------------------------------------------------------------------


[75 FR 35601, June 22, 2010]



  Sec. Table C-2 to Subpart C of Part 53--Sequence of Test Measurements

------------------------------------------------------------------------
                                           Concentration range
          Measurement           ----------------------------------------
                                      First set           Second set
------------------------------------------------------------------------
1..............................  Low................  Medium.
2..............................  High...............  High.
3..............................  Medium.............  Low.
4..............................  High...............  High.
5..............................  Low................  Medium.
6..............................  Medium.............  Low.
7..............................  Low................  Medium.
8..............................  Medium.............  Low.
9..............................  High...............  High.
10.............................  Medium.............  Low.
11.............................  High...............  Medium.
12.............................  Low................  High.
13.............................  Medium.............  Medium.
14.............................  Low................  High.
15.............................  ...................  Low.
16.............................  ...................  Medium.
17.............................  ...................  Low.
18.............................  ...................  High.
------------------------------------------------------------------------



 Sec. Table C-3 to Subpart C of Part 53--Test Specifications for Pb in 
                 TSP and Pb in PM 10 Methods

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Concentration range equivalent to           30% to 250%
 percentage of NAAQS in mg/m\3\.
Minimum number of 24-hr measurements......  5
Maximum reference method analytical bias,   5%
 Dq.
Maximum precision, PR or PC...............  15%
Maximum difference (D)....................  20%
Estimated Method Detection Limit (MDL), mg/ 5% of NAAQS level.
 m\3\.
------------------------------------------------------------------------


[73 FR 67059, Nov. 12, 2008]



   Sec. Table C-4 to Subpart C of Part 53--Test Specifications for PM 
  10, PM 2.5 and PM 10-2.5 Candidate 
                           Equivalent Methods

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                PM 2.5                                           PM 10	2.5
          Specification                  PM 10       ---------------------------------------------------------------------------------------------------
                                                            Class I            Class II            Class III           Class II            Class III
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acceptable concentration range    15-300............  3-200.............  3-200               3-200               3-200               3-200
 (Rj), mg/m 3.
Minimum number of test sites....  2.................  1.................  2                   4                   2                   4
Minimum number of candidate       3.................  3.................  3 \1\               3 \1\               3 \1\               3 \1\
 method samplers or analyzers
 per site.
Number of reference method        3.................  3.................  3 \1\               3 \1\               3 \1\               3 \1\
 samplers per site.
Minimum number of acceptable
 sample sets per site for PM 10
 methods:
    Rj <60 mg/m 3...............  3
    Rj >60 mg/m 3...............  3
    Total.......................  10
Minimum number of acceptable
 sample sets per site for PM 2.5
 and PM 10	2.5 candidate
 equivalent methods:
    Rj <30 mg/m 3 for 24-hr or    ..................  3
     Rj <20 mg/m 3 for 48-hr
     samples.
    Rj >30 mg/m 3 for 24-hr or    3
     Rj >20 mg/m 3 for 48-hr
     samples.
    Each season.................  10................  23................  23                  23                  23
    Total, each site............  10................  23................  23 (46 for two-     23                  23 (46 for two-
                                                                           season sites)                           season sites)

[[Page 54]]

 
Precision of replicate reference  5 mg/m 3 or 7%....  2 mg/m 3 or 5%....  10% 2               10% 2               10% 2               10% 2
 method measurements, PRj or
 RPRj, respectively; RP for
 Class II or III PM 2.5 or PM
 10	2.5, maximum.
Precision of PM 2.5 or PM 10	2.5  10% 2.............  15% 2.............  15% 2               15% 2
 candidate method, CP, each site.
Slope of regression relationship  1 0.10...........  1 0.05...........  1 0.10             1 0.10             1 0.10             1 0.12
Intercept of regression           0 5..............  0 1..............  Between: 13.55 ^    Between: 15.05 ^    Between: 62.05 ^    Between: 70.50 ^
 relationship, mg/m 3.                                                     (15.05  slope),    (17.32  slope),    (70.5  slope),     (82.93  slope),
                                                                           but not less than   but not less than   but not less than   but not less than
                                                                           ^1.5; and 16.56 ^   ^2.0; and 15.05 ^   ^3.5; and 78.95 ^   ^7.0; and 70.50 ^
                                                                           (15.05  slope),    (13.20  slope),    (70.5  slope),     (61.16  slope),
                                                                           but not more than   but not more than   but not more than   but not more than
                                                                           + 1.5               + 2.0               + 3.5               + 7.0
                                 -----------------------------------------------------------------------------------------------------------------------
Correlation of reference method   $0.97.............  $0.97.............    $0.93--for CCV 0.4; $0.85 + 0.2  CCV--for 0.4 CCV 0.5; $0.95--for CCV $0.5
 and candidate method
 measurements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Some missing daily measurement values may be permitted; see test procedure.
\2\ Calculated as the root mean square over all measurement sets.


[72 FR 32203, June 12, 2007]



 Sec. Table C-5 to Subpart C of Part 53--Summary of Comparability Field 
  Testing Campaign Site and Seasonal Requirements for Class II and III 
           FEMs for PM 10-2.5 and PM 2.5

--------------------------------------------------------------------------------------------------------------------------------------------------------
          Candidate method                  Test site                   A                      B                      C                      D
--------------------------------------------------------------------------------------------------------------------------------------------------------
PM 2.5.............................  Test site location      Los Angeles basin or    Western city such as   Midwestern city......  Northeastern or mid-
                                      area.                   California Central      Denver, Salt Lake                             Atlantic city.
                                                              Valley.                 City, or Albuquerque.
                                     Test site               Relatively high PM      Cold weather, higher   Substantial            High sulfate and high
                                      characteristics.        2.5, nitrates, and      elevation, winds,      temperature            relative humidity.
                                                              semi-volatile organic   and dust.              variation, high
                                                              pollutants.                                    nitrates, wintertime
                                                                                                             conditions.
                                     Class III Field test    Winter and summer.....  Winter only..........  Winter only..........  Summer only.
                                      campaigns (Total: 5).
                                                            --------------------------------------------------------------------------------------------
                                     Class II Field test                Site A or B, any season
                                      campaigns (Total: 2).
                                                Site C or D, any season.
                                                            --------------------------------------------------------------------------------------------
PM 10	2.5..........................  Test site location      Los Angeles basin or    Western city such as   Midwestern city......  Large city east of
                                      area.                   California Central      Las Vegas or Phoenix.                         the Mississippi
                                                              Valley.                                                               River.
                                                            --------------------------------------------------------------------------------------------
                                     Test site               Relatively high PM      High PM 10	2.5 to PM   Substantial            High sulfate and high
                                      characteristics.        2.5, nitrates, and      2.5 ratio, windblown   temperature            relative humidity.
                                                              semi-volatile organic   dust.                  variation, high
                                                              pollutants.                                    nitrates, wintertime
                                                                                                             conditions.
                                     Class III Field test    Winter and summer.....  Winter only..........  Winter only..........  Summer only.
                                      campaigns (Total: 5).
                                                            --------------------------------------------------------------------------------------------

[[Page 55]]

 
                                     Class II Field test                Site A or B, any season
                                      campaigns (Total: 2).
                                                Site C or D, any season.
--------------------------------------------------------------------------------------------------------------------------------------------------------

      



Sec. Figure C-1 to Subpart C of Part 53--Suggested Format for Reporting 
  Test Results for Methods for SO 2, CO, O 3, NO 
                              2

      
 Candidate Method_______________________________________________________

 Reference Method_______________________________________________________

 Applicant______________________________________________________________

v  First Set        v  Second Set        v  Type        v  1 Hour        
v  24 Hour

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Concentration, ppm
              Concentration range                                      Date      Time   ------------------------ Difference     Table C-1      Pass or
                                                                                          Candidate   Reference                   spec.          fail
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Low                       1
                                               ---------------------------------------------------------------------------------------------------------
____ ppm                                        2
                                               ---------------------------------------------------------------------------------------------------------
to ____ ppm                                     3
                                               ---------------------------------------------------------------------------------------------------------
                                                4
                                               ---------------------------------------------------------------------------------------------------------
                                                5
                                               ---------------------------------------------------------------------------------------------------------
                                                6
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Medium                      1
                                               ---------------------------------------------------------------------------------------------------------
____ ppm                                        2
                                               ---------------------------------------------------------------------------------------------------------
to ____ ppm                                     3
                                               ---------------------------------------------------------------------------------------------------------
                                                4
                                               ---------------------------------------------------------------------------------------------------------
                                                5
                                               ---------------------------------------------------------------------------------------------------------
                                                6
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     High                       1
                                               ---------------------------------------------------------------------------------------------------------
____ ppm                                        2
                                               ---------------------------------------------------------------------------------------------------------
to ____ ppm                                     3
                                               ---------------------------------------------------------------------------------------------------------
                                                4
                                               ---------------------------------------------------------------------------------------------------------
                                                5
                                               ---------------------------------------------------------------------------------------------------------
                                                6
                                               ---------------------------------------------------------------------------------------------------------
                                                7
                                               ---------------------------------------------------------------------------------------------------------
                                                8
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      Total
                                                                                                                                  Failures:
--------------------------------------------------------------------------------------------------------------------------------------------------------


[72 FR 32204, June 12, 2007]

[[Page 56]]



 Sec. Figure C-2 to Subpart C of Part 53--Illustration of the Slope and 
Intercept Limits for Class II and Class III PM 2.5 Candidate 
                           Equivalent Methods
[GRAPHIC] [TIFF OMITTED] TR41AD07.009


[72 FR 32204, June 12, 2007]



 Sec. Figure C-3 to Subpart C of Part 53--Illustration of the Slope and 
    Intercept Limits for Class II and Class III PM 10-2.5 
                      Candidate Equivalent Methods
[GRAPHIC] [TIFF OMITTED] TR41AD07.010


[72 FR 32204, June 12, 2007]

[[Page 57]]



  Sec. Figure C-4 to Subpart C of Part 53--Illustration of the Minimum 
    Limits for Correlation Coefficient for PM 2.5 and PM 
               10-2.5 Class II and III Methods
[GRAPHIC] [TIFF OMITTED] TR41AD07.011


[72 FR 32204, June 12, 2007]



           Sec. Appendix A to Subpart C of Part 53--References

    (1) American National Standard Quality Systems for Environmental 
Data and Technology Programs--Requirements with guidance for use, ANSI/
ASQC E4-2004. Available from American Society for Quality, P.O. Box 
3005, Milwaukee, WI 53202 (http://qualitypress.asq.org).
    (2) Quality Assurance Guidance Document 2.12. Monitoring PM 
2.5 in Ambient Air Using Designated Reference or Class I 
Equivalent Methods. U.S. EPA, National Exposure Research Laboratory, 
Research Triangle Park, NC, November 1998 or later edition. Currently 
available at http://www.epa.gov/ttn/amtic/pmqainf.html.



Subpart D_Procedures for Testing Performance Characteristics of Methods 
                                for PM 10

    Source: 52 FR 24729, July 1, 1987, unless otherwise noted.



Sec. 53.40  General provisions.

    (a) The test procedures prescribed in this subpart shall be used to 
test the performance of candidate methods for PM 10 against 
the performance specifications given in table D-1. Except as provided in 
paragraph (b) of this section, a test sampler or samplers representative 
of the sampler described in the candidate method must exhibit 
performance better than, or equal to, the specified value for each 
performance parameter, to satisfy the requirements of this subpart.
    (b) For a candidate method using a PM 10 sampler 
previously approved as part of a designated PM 10 method, 
only the test for precision need be conducted and passed to satisfy the 
requirements of this subpart. For a candidate method using a PM 
10 sampler inlet previously approved as part of a designated 
PM 10 method, the tests for precision and flow rate stability 
must be conducted and passed to satisfy the requirements of this 
subpart; the tests for sampling effectiveness and 50 percent cutpoint 
need not be conducted if suitable rationale is provided to demonstrate 
that test results submitted for the previously approved method are 
applicable to the candidate method.
    (c) The liquid particle sampling effectiveness and 50 percent 
cutpoint of a test sampler shall be determined in a wind tunnel using 10 
particle sizes and three wind speeds as specified in table D-2. A 
minimum of 3 replicate measurements of sampling effectiveness shall be 
required for each of the 30 test

[[Page 58]]

conditions for a minimum of 90 test measurements.
    (d) For the liquid particle sampling effectiveness parameter, a 
smooth curve plot shall be constructed of sampling effectiveness 
(percent) versus aerodynamic particle diameter (mm) for each of the 
three wind speeds. These plots shall be used to calculate the expected 
mass concentration for the test sampler, using the procedure in 
Sec. 53.43(a). The candidate method passes the liquid particle sampling 
effectiveness test if the expected mass concentration calculated for the 
test sampler at each wind speed differs by no more than 10 percent from 
that predicted for the ``ideal'' sampler.*
---------------------------------------------------------------------------

    * The sampling effectiveness curve for this ``ideal'' sampler is 
described by column 5 of table D-3 and is based on a model that 
approximates the penetration of particles into the human respiratory 
tract. Additional information on this model may be found in a document 
entitled, ``Particle Collection Criteria for 10 Micrometer Samplers,'' 
which is available from the Quality Assurance Division (MD-77), 
Environmental Monitoring Systems Laboratory, U.S. Environmental 
Protection Agency, Research Triangle Park, NC 27711.
---------------------------------------------------------------------------

    (e) For the 50 percent cutpoint parameter, the test result for each 
wind speed shall be reported as the particle size at which the curve 
specified in Sec. 53.40(d) crosses the 50 percent effectiveness line. 
The candidate method passes the 50 percent cutpoint test if the test 
result at each wind speed falls within 100.5 mm.
    (f) The solid particle sampling effectiveness of a test sampler 
shall be determined in a wind tunnel using 25 mm particles at 2 wind 
speeds as specified in table D-2. A minimum of three replicate 
measurements of sampling effectiveness for the 25 mm solid particles 
shall be required at both wind speeds for a minimum of 6 test 
measurements.
    (g) For the solid particle sampling effectiveness parameter, the 
test result for each wind speed shall be reported as the difference 
between the average of the replicate sampling effectiveness measurements 
obtained for the 25 mm solid particles and the average of the replicate 
measurements obtained for the 25 mm liquid particles. The candidate 
method passes the solid particle sampling effectiveness test if the test 
result for each wind speed is less than, or equal to, 5 percent.
    (h) The precision and flow rate stability of three identical test 
samplers shall be determined at a suitable test site by simultaneously 
sampling the PM 10 concentration of the atmosphere for 10 
periods of 24 hours.
    (i) For the precision parameter, the test result for each of the 10 
periods of 24 hours shall be calculated using the procedure in 
Sec. 53.43(c). The candidate method passes the precision test if all of 
the test results meet the specifications in table D-1.
    (j) For the flow rate stability parameter, the test results for each 
of the three test samplers and for each of the 10 periods of 24 hours 
shall be calculated using the procedure in Sec. 53.43(d). The candidate 
method passes the flow rate stability test if all of the test results 
meet the specifications in table D-1.
    (k) All test data and other documentation obtained from or pertinent 
to these tests shall be identified, dated, signed by the analyst 
performing the test, and submitted to EPA.

                            Table D-1--Performance Specifications for PM 10 Samplers
----------------------------------------------------------------------------------------------------------------
         Performance parameter                     Units                            Specification
----------------------------------------------------------------------------------------------------------------
1. Sampling effectiveness:
  A. Liquid particles.................  Percent...................  Such that the expected mass concentration is
                                                                     within 10 percent of that predicted for
                                                                     the ideal sampler.
  B. Solid particles..................  Percent...................  Sampling effectiveness is no more than 5
                                                                     percent above that obtained for liquid
                                                                     particles of same size.
2. 50 Percent cutpoint                  mm........................  10m.5 mm aerodynamic diameter.
3. Precision                            mg/m\3\ or percent........  5 mg/m\3\ or 7 percent for three collocated
                                                                     samplers.
4. Flow rate stability                  Percent...................  Average flow rate over 24 hours within 5
                                                                     percent of initial flow rate; all measured
                                                                     flow rates over 24 hours within 10 percent
                                                                     of initial flow rate.
----------------------------------------------------------------------------------------------------------------


[[Page 59]]



Sec. 53.41  Test conditions.

    (a) Set-up and start-up of all test samplers shall be in strict 
accordance with the operating instructions specified in the manual 
referred to in Sec. 53.4(b)(3).
    (b) If the internal surface or surfaces of the candidate method's 
sampler inlet on which the particles removed by the inlet are collected 
is a dry surface (i.e., not normally coated with oil or grease), those 
surfaces shall be cleaned prior to conducting wind tunnel tests with 
solid particles.
    (c) Once the test sampler or samplers have been set up and the 
performance tests started, manual adjustment shall be permitted only 
between test points for the sampling effectiveness and 50 percent 
cutpoint tests or between test days for the precision and flow rate 
stability tests. The manual adjustments and any periodic maintenance 
shall be limited to only those procedures prescribed in the manual 
referred to in Sec. 53.4(b)(3). The submitted records shall show clearly 
when any manual adjustment or periodic maintenance was made and shall 
describe the operations performed.
    (d) If a test sampler malfunctions during any of the sampling 
effectiveness and 50 percent cutpoint tests, that test run shall be 
repeated. If a test sampler malfunctions during any of the precision and 
flow rate stability tests, that day's test shall be repeated. A detailed 
explanation of all malfunctions and the remedial actions taken shall be 
submitted to EPA with the application.



Sec. 53.42  Generation of test atmospheres for wind tunnel tests.

    (a) A vibrating orifice aerosol generator shall be used to produce 
monodispersed liquid particles of oleic acid tagged with uranine dye and 
monodispersed solid particles of ammonium fluoroscein with equivalent 
aerodynamic diameters as specified in table D-2. The geometric standard 
deviation for each particle size and type generated shall not exceed 1.1 
(for primary particles) and the proportion of multiplets (doublets and 
triplets) in a test particle atmosphere shall not exceed 10 percent. The 
particle delivery system shall consist of a blower system and a wind 
tunnel having a test section of sufficiently large cross-sectional area 
such that the test sampler, or portion thereof, as installed in the test 
section for testing, blocks no more than 15 percent of that area. To be 
acceptable, the blower system must be capable of achieving uniform wind 
speeds at the speeds specified in table D-2.

  Table D-2--Particle Sizes and Wind Speeds for Sampling Effectiveness
                                  Tests
------------------------------------------------------------------------
                                             Wind speed (km/hr)
      Particle size (mm) \a\       -------------------------------------
                                        2            8            24
------------------------------------------------------------------------
30.5.............................  l          l             l
50.5.............................  l          l             l
70.5.............................  l          l             l
90.5.............................  l          l             l
100.5............................  l          l             l
110.5............................  l          l             l
131.0............................  l          l             l
151.0............................  l          l             l
201.0............................  l          l             l
251.0............................  l          l/s           l/s
------------------------------------------------------------------------
\a\ Mass median aerodynamic diameter.
l = liquid particle.
s = solid particle.
Number of liquid particle test points (minimum of 3 replicates for each
  combination of particle size and wind speed): 90.
Number of solid particle test points (minimum of 3 replicates for each
  combination of particle size and wind speed): 6.
Total number of test points: 96.

    (b) The size of the test particles delivered to the test section of 
the wind tunnel shall be established using the operating parameters of 
the vibrating orifice aerosol generator and shall be verified during the 
tests by microscopic examination of samples of the particles collected 
on glass slides or other suitable substrates. When sizing liquid 
particles on glass slides, the slides should be pretreated with an 
oleophobic surfactant and an appropriate flattening factor shall be used 
in the calculation of aerodynamic diameter. The particle size, as 
established by the operating parameters of the vibrating orifice aerosol 
generator, shall be within the tolerance specified in table D-2. The 
precision of the particle size verification technique shall be 0.5 mm or 
better, and particle size determined by the verification technique shall 
not differ by more than 0.5 mm or 10 percent, whichever is higher, from 
that established by the operating parameters of the vibrating orifice 
aerosol generator.

[[Page 60]]

    (c) The population of multiplets in a test particle atmosphere shall 
be determined during the tests and shall not exceed 10 percent. Solid 
particles shall be checked for dryness and evidence of breakage or 
agglomeration during the microscopic examination. If the solid particles 
in a test atmosphere are wet or show evidence of significant breakage or 
agglomeration (m5 percent), the solid particle test atmosphere is 
unacceptable for purposes of these tests.
    (d) The concentration of particles in the wind tunnel is not 
critical. However, the cross-sectional uniformity of the particle 
concentration in the sampling zone of the test section shall be 
established during the tests using isokinetic samplers. An array of not 
less than five evenly spaced isokinetic samplers shall be used to 
determine the particle concentration uniformity in the sampling zone. If 
the particle concentration measured by any single isokinetic sampler in 
the sampling zone differs by more than 10 percent from the mean 
concentration, the particle delivery system is unacceptable in terms of 
uniformity of particle concentration. The sampling zone shall be a 
rectangular area having a horizontal dimension not less than 1.2 times 
the width of the test sampler at its inlet opening and a vertical 
dimension not less than 25 centimeters. The sampling zone is an area in 
the test section of the wind tunnel that is horizontally and vertically 
symmetrical with respect to the test sampler inlet opening.
    (e) The wind speed in the wind tunnel shall be determined during the 
tests using an appropriate technique capable of a precision of 5 percent 
or better (e.g., hot-wire anemometry). The mean wind speed in the test 
section of the wind tunnel during the tests shall be within 10 percent 
of the value specified in table D-2. The wind speed measured at any test 
point in the test section shall not differ by more than 10 percent from 
the mean wind speed in the test section. The turbulence intensity 
(longitudinal component and macroscale) in the test section shall be 
determined during the tests using an appropriate technique (e.g., hot-
wire anemometry).
    (f) The accuracy of all flow measurements used to calculate the test 
atmosphere concentrations and the test results shall be documented to be 
within 2 percent, referenced to a primary standard. Any flow 
measurement corrections shall be clearly shown. All flow measurements 
shall be given in actual volumetric units.
    (g) Schematic drawings of the particle delivery system (wind tunnel 
and blower system) and other information showing complete procedural 
details of the test atmosphere generation, verification, and delivery 
techniques shall be submitted to EPA. All pertinent calculations shall 
be clearly presented.



Sec. 53.43  Test procedures.

    (a) Sampling effectiveness--(1) Technical definition. The ratio 
(expressed as a percentage) of the mass concentration of particles of a 
given size reaching the sampler filter or filters to the mass 
concentration of particles of the same size approaching the sampler.
    (2) Test procedure. (i) Establish a wind speed specified in table D-
2 and measure the wind speed and turbulence intensity (longitudinal 
component and macroscale) at a minimum of 12 test points in a cross-
sectional area of the test section of the wind tunnel. The mean wind 
speed in the test section must be within 10 percent of the value 
specified in table D-2 and the variation at any test point in the test 
section may not exceed 10 percent of the mean.
    (ii) Generate particles of a size and type specified in table D-2 
using a vibrating orifice aerosol generator. Check for the presence of 
satellites and adjust the generator as necessary. Calculate the 
aerodynamic particle size using the operating parameters of the 
vibrating orifice aerosol generator and record. The calculated 
aerodynamic diameter must be within the tolerance specified in table D-
2.
    (iii) Collect a sample of the particles on a glass slide or other 
suitable substrate at the particle injection point. If a glass slide is 
used, it should be pretreated with an appropriate oleophobic surfactant 
when collecting liquid particles. Use a microscopic technique to size a 
minimum of 25 primary particles in three viewing fields (do not include 
multiplets). Determine

[[Page 61]]

the geometric mean aerodynamic diameter and geometric standard deviation 
using the bulk density of the particle type (and an appropriate 
flattening factor for liquid particles if collected on a glass slide). 
The measured geometric mean aerodynamic diameter must be within 0.5 mm 
or 10 percent of the aerodynamic diameter calculated from the operating 
parameters of the vibrating orifice aerosol generator. The geometric 
standard deviation must not exceed 1.1.
    (iv) Determine the population of multiplets (doublets and triplets) 
in the collected sample by counting a minimum of 100 particles in three 
viewing fields. The multiplet population of the particle test atmosphere 
must not exceed 10 percent.
    (v) Introduce the particles into the wind tunnel and allow the 
particle concentration to stabilize.
    (vi) Install an array of five or more evenly spaced isokinetic 
samplers in the sampling zone (see Sec. 53.42(d)) of the wind tunnel. 
Collect particles on appropriate filters (e.g., glass fiber) over a time 
period such that the relative error of the measured particle 
concentration is less than 5 percent. Relative error is defined as (p  
100%)/(X), where p is the precision of the fluorometer on the 
appropriate range, X is the measured concentration, and the units of p 
and X are the same.
    (vii) Determine the quantity of material collected with each 
isokinetic sampler in the array using a calibrated fluorometer. 
Calculate and record the mass concentration for each isokinetic sampler 
as:
[GRAPHIC] [TIFF OMITTED] TC09NO91.015

where
i = replicate number and j = isokinetic sampler number.

    (viii) Calculate and record the mean mass concentration as:
    [GRAPHIC] [TIFF OMITTED] TC09NO91.016
    
where

n = total number of isokinetic samplers.

    (ix) Calculate and record the coefficient of variation of the mass 
concentration measurements as:
[GRAPHIC] [TIFF OMITTED] TC09NO91.017


If the value of CViso(i) exceeds 0.10, the particle 
concentration uniformity is unacceptable and steps (vi) through (ix) 
must be repeated. If adjustment of the vibrating orifice aerosol 
generator or changes in the particle delivery system are necessary to 
achieve uniformity, steps (ii) through (ix) must be repeated. Remove the 
array of isokinetic samplers from the wind tunnel. NOTE: A single 
isokinetic sampler, operated at the same nominal flow rate as the test 
sampler, may be used in place of the array of isokinetic samplers for 
the determination of particle mass concentration used in the calculation 
of sampling effectiveness of the test sampler in step (xiii). In this 
case, the

[[Page 62]]

array of isokinetic samplers must be used to demonstrate particle 
concentration uniformity prior to the replicate measurements of sampling 
effectiveness.
    (x) If a single isokinetic sampler is used, install the sampler in 
the wind tunnel with the sampler nozzle centered in the sampling zone 
(see Sec. 53.42(d)). Collect particles on an appropriate filter (e.g., 
glass fiber) for a time period such that the relative error of the 
measured concentration (as defined in step (vi)) is less than 5 percent. 
Determine the quantity of material collected with the isokinetic sampler 
using a calibrated fluorometer. Calculate and record the mass 
concentration as Ciso(i) as in step vii. Remove the 
isokinetic sampler from the wind tunnel.
    (xi) Install the test sampler (or portion thereof) in the wind 
tunnel with the sampler inlet opening centered in the sampling zone (see 
Sec. 53.42(d)). To meet the maximum blockage limit of Sec. 53.42(a) or 
for convenience, part of the test sampler may be positioned external to 
the wind tunnel provided that neither the geometry of the sampler nor 
the length of any connecting tube or pipe is altered. Collect particles 
on an appropriate filter or filters (e.g., glass fiber) for a time 
period such that the relative error of the measured concentration (as 
defined in step (vi)) is less than 5 percent.
    (xii) Determine the quantity of material collected with the test 
sampler using a calibrated fluorometer. Calculate and record the mass 
concentration as:
[GRAPHIC] [TIFF OMITTED] TC09NO91.018

where i = replicate number.

    (xiii) Calculate and record the sampling effectiveness of the test 
sampler as:
[GRAPHIC] [TIFF OMITTED] TC09NO91.019

where i = replicate number.

    Note: If a single isokinetic sampler is used for the determination 
of particle mass concentration, replace Ciso(i) with 
Ciso(i).

    (xiv) Remove the test sampler from the wind tunnel. Repeat steps 
(vi) through (xiii), as appropriate, to obtain a minimum of three 
replicate measurements of sampling effectiveness.
    (xv) Calculate and record the average sampling effectiveness of the 
test sampler as:
[GRAPHIC] [TIFF OMITTED] TC09NO91.020

where n = number of replicates.
    (xvi) Calculate and record the coefficient of variation for the 
replicate sampling effectiveness measurements of the test sampler as:
[GRAPHIC] [TIFF OMITTED] TC09NO91.021


If the value of CVE exceeds 0.10, the test run (steps (ii) 
through (xvi)) must be repeated.
    (xvii) Repeat steps i through xvi for each wind speed, particle 
size, and particle type specified in table D-2.
    (xviii) For each of the three wind speeds (nominally 2, 8, and 24 
km/hr), correct the liquid particle sampling effectiveness data for the 
presence of multiplets (doublets and triplets) in the test particle 
atmospheres.
    (xix) For each wind speed, plot the corrected liquid particle 
sampling effectiveness of the test sampler (Ecorr) as a 
function of particle size (dp) on semi-logarithmic graph 
paper where dp is the particle size established by the 
operating parameters of the vibrating orifice aerosol generator. 
Construct a smooth curve through the data.

[[Page 63]]

    (xx) For each wind speed, calculate the expected mass concentration 
for the test sampler under the assumed particle size distribution and 
compare it to the mass concentration predicted for the ideal sampler, as 
follows:
    (A) Extrapolate the upper and lower ends of the corrected liquid 
particle sampling effectiveness curve to 100 percent and 0 percent, 
respectively, using smooth curves. Assume that Ecorr = 100 
percent at a particle size of 1.0 mm and Ecorr = 0 percent at 
a particle size of 50 mm.
    (B) Determine the value of Ecorr at each of the particle 
sizes specified in the first column of table D-3. Record each 
Ecorr value as a decimal between 0 and 1 in the second column 
of table D-3.
    (C) Multiply the values of Ecorr in column 2 by the 
interval mass concentration values in column 3 and enter the products in 
column 4 of table D-3.
    (D) Sum the values in column 4 and enter the total as the expected 
mass concentration for the test sampler at the bottom of column 4 of 
table D-3.
    (E) Calculate and record the percent difference in expected mass 
concentration between the test sampler and the ideal sampler as:
[GRAPHIC] [TIFF OMITTED] TC09NO91.022

where:

Csam(exp) = expected mass concentration for the test sampler, 
          mg/m\3\
Cideal(exp) = expected mass concentration for the ideal 
          sampler, mg/m\3\ (calculated for the ideal sampler and given 
          at the bottom of column 7 of table D-3.)

    (F) The candidate method passes the liquid particle sampling 
effectiveness test if the D C value for each wind speed meets the 
specification in table D-1.
    (xxi) For each of the two wind speeds (nominally 8 and 24 km/hr), 
calculate the difference between the average sampling effectiveness 
value for the 25 mm solid particles and the average sampling 
effectiveness value for the 25 mm liquid particles (uncorrected for 
multiplets).
    (xxii) The candidate method passes the solid particle sampling 
effectiveness test if each such difference meets the specification in 
table D-1.

                                                Table D-3--Expected Mass Concentration for PM 10 Samplers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Test sampler                                                      Ideal Sampler
                     -----------------------------------------------------------------------------------------------------------------------------------
 Particle size (um)                             Interval mass         Expected mass                               Interval mass         Expected mass
                            Sampling         concentration (mg/    concentration (mg/         Sampling         concentration (mg/    concentration (mg/
                          effectiveness             m\3\)                 m\3\)             effectiveness             m\3\)                 m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1)                                  (2)                   (3)                   (4)                   (5)                   (6)                   (7)
--------------------------------------------------------------------------------------------------------------------------------------------------------
              <1.0                 1.000                62.813                62.813                 1.000                62.813                62.813
               1.5                                       9.554                                       0.949                 9.554                 9.067
              02.0                                       2.164                                       0.942                 2.164                 2.038
              02.5                                       1.785                                       0.933                 1.785                 1.665
              03.0                                       2.084                                       0.922                 2.084                 1.921
              03.5                                       2.618                                       0.909                 2.618                 2.380
              04.0                                       3.211                                       0.893                 3.211                 2.867
              04.5                                       3.784                                       0.876                 3.784                 3.315
              05.0                                       4.300                                       0.857                 4.300                 3.685
              05.5                                       4.742                                       0.835                 4.742                 3.960
              06.0                                       5.105                                       0.812                 5.105                 4.145
              06.5                                       5.389                                       0.786                 5.389                 4.236
              07.0                                       5.601                                       0.759                 5.601                 4.251
              07.5                                       5.746                                       0.729                 5.746                 4.189
              08.0                                       5.834                                       0.697                 5.834                 4.066
              08.5                                       5.871                                       0.664                 5.871                 3.898
              09.0                                       5.864                                       0.628                 5.864                 3.683
              09.5                                       5.822                                       0.590                 5.822                 3.435
              10.0                                       5.750                                       0.551                 5.750                 3.168
              10.5                                       5.653                                       0.509                 5.653                 2.877
              11.0                                       8.257                                       0.465                 8.257                 3.840
              12.0                                      10.521                                       0.371                10.521                 3.903
              13.0                                       9.902                                       0.269                 9.902                 2.664
              14.0                                       9.250                                       0.159                 9.250                 1.471
              15.0                                       8.593                                       0.041                 8.593                 0.352
              16.0                                       7.948                                       0.000                 7.948                 0.000

[[Page 64]]

 
              17.0                                       7.329                                       0.000                 7.329                 0.000
              18.0                                       9.904                                       0.000                 9.904                 0.000
              20.0                                      11.366                                       0.000                11.366                 0.000
              22.0                                       9.540                                       0.000                 9.540                 0.000
              24.0                                       7.997                                       0.000                 7.997                 0.000
              26.0                                       6.704                                       0.000                 6.704                 0.000
              28.0                                       5.627                                       0.000                 5.627                 0.000
              30.0                                       7.785                                       0.000                 7.785                 0.000
              35.0                                       7.800                                       0.000                 7.800                 0.000
              40.0                                       5.192                                       0.000                 5.192                 0.000
              45.0                                       4.959                                       0.000                 4.959                 0.000
                                                Csam(exp) = D                                                      Cideal(exp) =               143.889
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) 50 Percent cutpoint--(1) Technical definition. The particle size 
for which the sampling effectiveness of the sampler is 50 percent.
    (2) Test procedure. (i) From the corrected liquid particle sampling 
effectiveness curves for each of the three wind speeds, determine the 
particle size at which the curve crosses the 50 percent effectiveness 
line and record as D50 on the corresponding sampling 
effectiveness plot.
    (ii) The candidate method passes the 50 percent cutpoint test if the 
D50 value at each wind speed meets the specification in table 
D-1.
    (c) Precision--(1) Technical definition. The variation in the 
measured particle concentration among identical samplers under typical 
sampling conditions.
    (2) Test procedure. (i) Set up three identical test samplers at the 
test site in strict accordance with the instructions in the manual 
referred to in Sec. 53.4(b)(3). Locate the test sampler inlet openings 
at the same height and between 2 and 4 meters apart. The samplers shall 
be oriented in a manner that will minimize spatial and wind directional 
effects on sample collection. Perform a flow calibration for each test 
sampler in accordance with the instructions given in the instruction 
manual and/or appendix J to part 50 of this chapter. Set the operating 
flow rate to the value prescribed in the sampler instruction manual.

    Note: For candidate equivalent methods, this test may be used to 
satisfy part of the requirements of subpart C of this chapter. In that 
case, three reference method samplers are also used at the test site, 
measurements with the candidate and reference methods are compared as 
specified in Sec. 53.34, and the test site must meet the requirements of 
Sec. 53.30(b).

    (ii) Measure the PM 10 concentration of the atmosphere 
using the three test samplers for 10 periods (test days) of 24 hours 
each. On each of the 10 test days, measure the initial and final flow 
rates of each test sampler. On three of the test days, measure the flow 
rate of each test sampler after 6, 12, and 18 hours of operation. All 
measurements of flow rate and mass collected must be made in accordance 
with the procedures prescribed in the sampler instruction manual and/or 
appendix J to part 50 of this chapter. All measurements of flow rate 
must be in actual volumetric units. Record the PM 10 
concentration for each sampler and each test day as C(i)(j) 
where i is the sampler number and j is the test day.
    (iii) For each test day, calculate and record the average of the 
three measured PM 10 concentrations as C(j) where 
j is the test day. If C(j)<30 mg/m\3\ for any test day, data 
from that test day are unacceptable and the tests for that day must be 
repeated.
    (iv) Calculate and record the precision for each of the 10 test days 
as:

[[Page 65]]



    (v) The candidate method passes the precision test if all 10 
Pj or RPj values meet the specifications in table 
D-1.
    (d) Flow rate stability--(1) Technical definition. Freedom from 
variation in the operating flow rate of the sampler under typical 
sampling conditions.
    (2) Test procedure. (i) For each of the three test samplers and each 
of the 10 test days of the precision test, record each measured flow 
rate as F(i)(j)(t), where i is the sampler number, j is the 
test day, and t is the time of flow rate measurement (t = 0, 6, 12, 18, 
or 24 hours).
    (ii) For each sampler and for each test day, calculate and record 
the average flow rate as:


where n = number of flow rate measurements during the 24-hour test day.

    (iii) For each sampler and for each test day, calculate and record 
the percent difference between the average flow rate and the initial 
flow rate as:


where F(i)(j)(0) is the initial flow rate (t = 0).

    (iv) For each sampler and for each of the 3 test days on which flow 
measurements were obtained at 6-hour intervals throughout the 24-hour 
sampling period, calculate and record the percent differences between 
each measured flow rate and the initial flow rate as:


where t = 6, 12, 18, or 24 hours.

    (v) The candidate method passes the flow rate stability test if all 
of the D F(i)(j) and D F(i)(j)(t) values meet the 
specifications in table D-1.



   Subpart E_Procedures for Testing Physical (Design) and Performance 
Characteristics of Reference Methods and Class I and Class II Equivalent 
                     Methods for PM 2.5 or PM 10-2.5

    Source: 62 FR 38799, July 18, 1997, unless otherwise noted.



Sec. 53.50  General provisions.

    (a) A candidate method for PM 2.5 or PM 10-2.5 
described in an application for a FRM or FEM determination submitted 
under Sec. 53.4 shall be determined by the EPA to be a FRM or a Class I, 
II, or III FEM on the basis of the definitions for such methods given in 
Sec. 53.1. This subpart sets forth the specific tests that must be 
carried out and the test results, evidence, documentation,

[[Page 66]]

and other materials that must be provided to EPA to demonstrate that a 
PM 2.5 or PM 10-2.5 sampler associated with a 
candidate reference method or Class I or Class II equivalent method 
meets all design and performance specifications set forth in appendix L 
or O, respectively, of part 50 of this chapter as well as additional 
requirements specified in this subpart E. Some or all of these tests may 
also be applicable to a candidate Class III equivalent method or 
analyzer, as may be determined under Sec. 53.3(b)(3).
    (b) PM2.5 methods--(1) Reference method. A sampler associated with a 
candidate reference method for PM 2.5 shall be subject to the 
provisions, specifications, and test procedures prescribed in 
Secs. 53.51 through 53.58.
    (2) Class I method. A sampler associated with a candidate Class I 
equivalent method for PM 2.5 shall be subject to the 
provisions, specifications, and test procedures prescribed in all 
sections of this subpart.
    (3) Class II method. A sampler associated with a candidate Class II 
equivalent method for PM 2.5 shall be subject to the 
provisions, specifications, and test procedures prescribed in all 
applicable sections of this subpart, as specified in subpart F of this 
part or as specified in Sec. 53.3(a)(3).
    (c) PM10-2.5 methods--(1) Reference method. A sampler 
associated with a reference method for PM 10-2.5, as 
specified in appendix O to part 50 of this chapter, shall be subject to 
the requirements in this paragraph (c)(1).
    (i) The PM 2.5 sampler of the PM 10-2.5 
sampler pair shall be verified to be either currently designated under 
this part 53 as a FRM for PM 2.5, or shown to meet all 
requirements for designation as a FRM for PM 2.5, in 
accordance with this part 53.
    (ii) The PM 10C sampler of the PM 10-2.5 
sampler pair shall be verified to be of like manufacturer, design, 
configuration, and fabrication to the PM 2.5 sampler of the 
PM 10-2.5 sampler pair, except for replacement of the 
particle size separator specified in section 7.3.4 of appendix L to part 
50 of this chapter with the downtube extension as specified in Figure O-
1 of appendix O to part 50 of this chapter.
    (iii) For samplers that meet the provisions of paragraphs (c)(1)(i) 
and (ii) of this section, the candidate PM 10-2.5 reference 
method may be determined to be a FRM without further testing.
    (2) Class I method. A sampler associated with a Class I candidate 
equivalent method for PM 10-2.5 shall meet the requirements 
in this paragraph (c)(2).
    (i) The PM 2.5 sampler of the PM 10-2.5 
sampler pair shall be verified to be either currently designated under 
this part 53 as a FRM or Class I FEM for PM 2.5, or shown to 
meet all requirements for designation as a FRM or Class I FEM for PM 
2.5, in accordance with this part 53.
    (ii) The PM 10c sampler of the PM 10-2.5 
sampler pair shall be verified to be of similar design to the PM 
10-2.5 sampler and to meet all requirements for designation 
as a FRM or Class I FRM for PM 2.5, in accordance with this 
part 53, except for replacement of the particle size separator specified 
in section 7.3.4 of appendix L to part 50 of this chapter with the 
downtube extension as specified in Figure O-1 of appendix O to part 50 
of this chapter.
    (iii) For samplers that meet the provisions of paragraphs (c)(2)(i) 
and (ii) of this section, the candidate PM 10-2.5 method may 
be determined to be a Class I FEM without further testing.
    (3) Class II method. A sampler associated with a Class II candidate 
equivalent method for PM 10-2.5 shall be subject to the 
applicable requirements of this subpart E, as described in 
Sec. 53.3(a)(5).
    (d) The provisions of Sec. 53.51 pertain to test results and 
documentation required to demonstrate compliance of a candidate method 
sampler with the design specifications set forth in 40 CFR part 50, 
appendix L or O, as applicable. The test procedures prescribed in 
Secs. 53.52 through 53.59 pertain to performance tests required to 
demonstrate compliance of a candidate method sampler with the 
performance specifications set forth in 40 CFR part 50, appendix L or O, 
as applicable, as well as additional requirements specified in this 
subpart E. These latter test procedures shall be used to test the 
performance of candidate samplers against the performance specifications 
and requirements specified in each procedure and

[[Page 67]]

summarized in table E-1 of this subpart.
    (e) Test procedures prescribed in Sec. 53.59 do not apply to 
candidate reference method samplers. These procedures apply primarily to 
candidate Class I or Class II equivalent method samplers for PM 
2.5 or PM 10-2.5 that have a sample air flow path 
configuration upstream of the sample filter that is modified from that 
specified for the FRM sampler, as set forth in 40 CFR part 50, appendix 
L, Figures L-1 to L-29 or 40 CFR part 50 appendix O, Figure O-1, if 
applicable, such as might be necessary to provide for sequential sample 
capability. The additional tests determine the adequacy of aerosol 
transport through any altered components or supplemental devices that 
are used in a candidate sampler upstream of the filter. In addition to 
the other test procedures in this subpart, these test procedures shall 
be used to further test the performance of such an equivalent method 
sampler against the performance specifications given in the procedure 
and summarized in table E-1 of this subpart.
    (f) A 10-day operational field test of measurement precision is 
required under Sec. 53.58 for both FRM and Class I FEM samplers for PM 
2.5. This test requires collocated operation of three 
candidate method samplers at a field test site. For candidate FEM 
samplers, this test may be combined and carried out concurrently with 
the test for comparability to the FRM specified under Sec. 53.34, which 
requires collocated operation of three FRM samplers and three candidate 
FEM samplers.
    (g) All tests and collection of test data shall be performed in 
accordance with the requirements of reference 1, section 4.10.5 (ISO 
9001) and reference 2, part B, (section 6) and Part C, (section 7) in 
appendix A of this subpart. All test data and other documentation 
obtained specifically from or pertinent to these tests shall be 
identified, dated, signed by the analyst performing the test, and 
submitted to EPA in accordance with subpart A of this part.

[71 FR 61289, Oct. 17, 2006]



Sec. 53.51  Demonstration of compliance with design specifications
and manufacturing and test requirements.

    (a) Overview. (1) Paragraphs (a) through (f) of this section specify 
certain documentation that must be submitted and tests that are required 
to demonstrate that samplers associated with a designated FRM or FEM for 
PM 2.5 or PM 10-2.5 are properly manufactured to 
meet all applicable design and performance specifications and have been 
properly tested according to all applicable test requirements for such 
designation. Documentation is required to show that instruments and 
components of a PM 2.5 or PM 10-2.5 sampler are 
manufactured in an ISO 9001-registered facility under a quality system 
that meets ISO-9001 requirements for manufacturing quality control and 
testing.
    (2) In addition, specific tests are required by paragraph (d) of 
this section to verify that critical features of FRM samplers--the 
particle size separator and the surface finish of surfaces specified to 
be anodized--meet the specifications of 40 CFR part 50, appendix L or 
appendix O, as applicable. A checklist is required to provide 
certification by an ISO-certified auditor that all performance and other 
required tests have been properly and appropriately conducted, based on 
a reasonable and appropriate sample of the actual operations or their 
documented records. Following designation of the method, another 
checklist is required initially to provide an ISO-certified auditor's 
certification that the sampler manufacturing process is being 
implemented under an adequate and appropriate quality system.
    (3) For the purposes of this section, the definitions of ISO 9001-
registered facility and ISO-certified auditor are found in Sec. 53.1. An 
exception to the reliance by EPA on ISO-certified auditors is the 
requirement for the submission of the operation or instruction manual 
associated with the candidate method to EPA as part of the application. 
This manual is required under Sec. 53.4(b)(3). The EPA has determined 
that acceptable technical judgment for review of this manual may not be 
assured by ISO-certified auditors, and approval of this manual will 
therefore be performed by EPA.

[[Page 68]]

    (b) ISO registration of manufacturing facility. The applicant must 
submit documentation verifying that the samplers identified and sold as 
part of a designated PM 2.5 or PM 10-2.5 FRM or 
FEM will be manufactured in an ISO 9001-registered facility and that the 
manufacturing facility is maintained in compliance with all applicable 
ISO 9001 requirements (reference 1 in appendix A of this subpart). The 
documentation shall indicate the date of the original ISO 9001 
registration for the facility and shall include a copy of the most 
recent certification of continued ISO 9001 facility registration. If the 
manufacturer does not wish to initiate or complete ISO 9001 registration 
for the manufacturing facility, documentation must be included in the 
application to EPA describing an alternative method to demonstrate that 
the facility meets the same general requirements as required for 
registration to ISO-9001. In this case, the applicant must provide 
documentation in the application to demonstrate, by required ISO-
certified auditor's inspections, that a quality system is in place which 
is adequate to document and monitor that the sampler system components 
and final assembled samplers all conform to the design, performance and 
other requirements specified in this part and in 40 CFR part 50, 
appendix L.
    (c) Sampler manufacturing quality control. The manufacturer must 
ensure that all components used in the manufacture of PM 2.5 
or PM 10-2.5 samplers to be sold as part of a FRM or FEM and 
that are specified by design in 40 CFR part 50, appendix L or O (as 
applicable), are fabricated or manufactured exactly as specified. If the 
manufacturer's quality records show that its quality control (QC) and 
quality assurance (QA) system of standard process control inspections 
(of a set number and frequency of testing that is less than 100 percent) 
complies with the applicable QA provisions of section 4 of reference 4 
in appendix A of this subpart and prevents nonconformances, 100 percent 
testing shall not be required until that conclusion is disproved by 
customer return or other independent manufacturer or customer test 
records. If problems are uncovered, inspection to verify conformance to 
the drawings, specifications, and tolerances shall be performed. Refer 
also to paragraph (e) of this section--final assembly and inspection 
requirements.
    (d) Specific tests and supporting documentation required to verify 
conformance to critical component specifications--(1) Verification of 
PM2.5 (WINS) impactor jet diameter. For samplers utilizing 
the WINS impactor particle size separator specified in paragraphs 
7.3.4.1, 7.3.4.2, and 7.3.4.3 of appendix L to part 50 of this chapter, 
the diameter of the jet of each impactor manufactured for a PM 
2.5 or PM 10-2.5 sampler under the impactor design 
specifications set forth in 40 CFR part 50, appendix L, shall be 
verified against the tolerance specified on the drawing, using standard, 
NIST-traceable ZZ go/no go plug gages. This test shall be a final check 
of the jet diameter following all fabrication operations, and a record 
shall be kept of this final check. The manufacturer shall submit 
evidence that this procedure is incorporated into the manufacturing 
procedure, that the test is or will be routinely implemented, and that 
an appropriate procedure is in place for the disposition of units that 
fail this tolerance test.
    (2) VSCC separator. For samplers utilizing the BGI VSCC \TM\ Very 
Sharp Cut Cyclone particle size separator specified in paragraph 7.3.4.4 
of appendix L to part 50 of this chapter, the VSCC manufacturer shall 
identify the critical dimensions and manufacturing tolerances for the 
device, develop appropriate test procedures to verify that the critical 
dimensions and tolerances are maintained during the manufacturing 
process, and carry out those procedures on each VSCC manufactured to 
verify conformance of the manufactured products. The manufacturer shall 
also maintain records of these tests and their results and submit 
evidence that this procedure is incorporated into the manufacturing 
procedure, that the test is or will be routinely implemented, and that 
an appropriate procedure is in place for the disposition of units that 
fail this tolerance test.
    (3) Verification of surface finish. The anodization process used to 
treat surfaces specified to be anodized shall be verified by testing 
treated specimen

[[Page 69]]

surfaces for weight and corrosion resistance to ensure that the coating 
obtained conforms to the coating specification. The specimen surfaces 
shall be finished in accordance with military standard specification 
8625F, Type II, Class I (reference 4 in appendix A of this subpart) in 
the same way the sampler surfaces are finished, and tested, prior to 
sealing, as specified in section 4.5.2 of reference 4 in appendix A of 
this subpart.
    (e) Final assembly and inspection requirements. Each sampler shall 
be tested after manufacture and before delivery to the final user. Each 
manufacturer shall document its post-manufacturing test procedures. As a 
minimum, each test shall consist of the following: Tests of the overall 
integrity of the sampler, including leak tests; calibration or 
verification of the calibration of the flow measurement device, 
barometric pressure sensor, and temperature sensors; and operation of 
the sampler with a filter in place over a period of at least 48 hours. 
The results of each test shall be suitably documented and shall be 
subject to review by an ISO-certified auditor.
    (f) Manufacturer's audit checklists. Manufacturers shall require an 
ISO-certified auditor to sign and date a statement indicating that the 
auditor is aware of the appropriate manufacturing specifications 
contained in 40 CFR part 50, appendix L or O (as applicable), and the 
test or verification requirements in this subpart. Manufacturers shall 
also require an ISO-certified auditor to complete the checklists, shown 
in figures E-1 and E-2 of this subpart, which describe the 
manufacturer's ability to meet the requirements of the standard for both 
designation testing and product manufacture.
    (1) Designation testing checklist. The completed statement and 
checklist as shown in figure E-1 of this subpart shall be submitted with 
the application for FRM or FEM determination.
    (2) Product manufacturing checklist. Manufacturers shall require an 
ISO-certified auditor to complete a Product Manufacturing Checklist 
(figure E-2 of this subpart), which evaluates the manufacturer on its 
ability to meet the requirements of the standard in maintaining quality 
control in the production of FRM or FEM devices. The completed checklist 
shall be submitted with the application for FRM or FEM determination.

[71 FR 61290, Oct. 17, 2006]



Sec. 53.52  Leak check test.

    (a) Overview. In section 7.4.6 of 40 CFR part 50, appendix L, the 
sampler is required to include the facility, including components, 
instruments, operator controls, a written procedure, and other 
capabilities as necessary, to allow the operator to carry out a leak 
test of the sampler at a field monitoring site without additional 
equipment. This test procedure is intended to test the adequacy and 
effectiveness of the sampler's leak check facility. Because of the 
variety of potential sampler configurations and leak check procedures 
possible, some adaptation of this procedure may be necessary to 
accommodate the specific sampler under test. The test conditions and 
performance specifications associated with this test are summarized in 
table E-1 of this subpart. The candidate test sampler must meet all test 
parameters and test specifications to successfully pass this test.
    (b) Technical definitions. (1) External leakage includes the total 
flow rate of external ambient air which enters the sampler other than 
through the sampler inlet and which passes through any one or more of 
the impactor, filter, or flow rate measurement components.
    (2) Internal leakage is the total sample air flow rate that passes 
through the filter holder assembly without passing through the sample 
filter.
    (c) Required test equipment. (1) Flow rate measurement device, range 
70 mL/min to 130 mL/min, 2 percent certified accuracy, NIST-traceable.
    (2) Flow rate measurement adaptor (40 CFR part 50, appendix L, 
figure L-30) or equivalent adaptor to facilitate measurement of sampler 
flow rate at the top of the downtube.
    (3) Impermeable membrane or disk, 47 mm nominal diameter.
    (4) Means, such as a micro-valve, of providing a simulated leak flow 
rate through the sampler of approximately 80 mL/min under the conditions 
specified for the leak check in the sampler's leak check procedure.

[[Page 70]]

    (5) Teflon sample filter, as specified in section 6 of 40 CFR part 
50, appendix L.
    (d) Calibration of test measurement instruments. Submit 
documentation showing evidence of appropriately recent calibration, 
certification of calibration accuracy, and NIST-traceability (if 
required) of all measurement instruments used in the tests. The accuracy 
of flow rate meters shall be verified at the highest and lowest 
pressures and temperatures used in the tests and shall be checked at 
zero and one or more non-zero flow rates within 7 days of use for this 
test.
    (e) Test setup. (1) The test sampler shall be set up for testing as 
described in the sampler's operation or instruction manual referred to 
in Sec. 53.4(b)(3). The sampler shall be installed upright and set up in 
its normal configuration for collecting PM samples, except that the 
sample air inlet shall be removed and the flow rate measurement adaptor 
shall be installed on the sampler's downtube.
    (2) The flow rate control device shall be set up to provide a 
constant, controlled flow rate of 80 mL/min into the sampler downtube 
under the conditions specified for the leak check in the sampler's leak 
check procedure.
    (3) The flow rate measurement device shall be set up to measure the 
controlled flow rate of 80 mL/min into the sampler downtube under the 
conditions specified for the leak check in the sampler's leak check 
procedure.
    (f) Procedure. (1) Install the impermeable membrane in a filter 
cassette and install the cassette into the sampler. Carry out the 
internal leak check procedure as described in the sampler's operation/
instruction manual and verify that the leak check acceptance criterion 
specified in table E-1 of this subpart is met.
    (2) Replace the impermeable membrane with a Teflon filter and 
install the cassette in the sampler. Remove the inlet from the sampler 
and install the flow measurement adaptor on the sampler's downtube. 
Close the valve of the adaptor to seal the flow system. Conduct the 
external leak check procedure as described in the sampler's operation/
instruction manual and verify that the leak check acceptance criteria 
specified in table E-1 of this subpart are met.
    (3) Arrange the flow control device, flow rate measurement device, 
and other apparatus as necessary to provide a simulated leak flow rate 
of 80 mL/min into the test sampler through the downtube during the 
specified external leak check procedure. Carry out the external leak 
check procedure as described in the sampler's operation/instruction 
manual but with the simulated leak of 80 mL/min.
    (g) Test results. The requirements for successful passage of this 
test are:
    (1) That the leak check procedure indicates no significant external 
or internal leaks in the test sampler when no simulated leaks are 
introduced.
    (2) That the leak check procedure properly identifies the occurrence 
of the simulated external leak of 80 mL/min.

[62 FR 38799, July 18, 1997, as amended at 71 FR 61291, Oct. 17, 2006]



Sec. 53.53  Test for flow rate accuracy, regulation, measurement 
accuracy, and cut-off.

    (a) Overview. This test procedure is designed to evaluate a 
candidate sampler's flow rate accuracy with respect to the design flow 
rate, flow rate regulation, flow rate measurement accuracy, coefficient 
of variability measurement accuracy, and the flow rate cut-off function. 
The tests for the first four parameters shall be conducted over a 6-hour 
time period during which reference flow measurements are made at 
intervals not to exceed 5 minutes. The flow rate cut-off test, conducted 
separately, is intended to verify that the sampler carries out the 
required automatic sample flow rate cut-off function properly in the 
event of a low-flow condition. The test conditions and performance 
specifications associated with this test are summarized in table E-1 of 
this subpart. The candidate test sampler must meet all test parameters 
and test specifications to successfully pass this test.
    (b) Technical definitions. (1) Sample flow rate means the 
quantitative volumetric flow rate of the air stream caused by the 
sampler to enter the sampler inlet and pass through the

[[Page 71]]

sample filter, measured in actual volume units at the temperature and 
pressure of the air as it enters the inlet.
    (2) The flow rate cut-off function requires the sampler to 
automatically stop sample flow and terminate the current sample 
collection if the sample flow rate deviates by more than the variation 
limits specified in table E-1 of this subpart (10 percent from the 
nominal sample flow rate) for more than 60 seconds during a sample 
collection period. The sampler is also required to properly notify the 
operator with a flag warning indication of the out-of-specification flow 
rate condition and if the flow rate cut-off results in an elapsed sample 
collection time of less than 23 hours.
    (c) Required test equipment. (1) Flow rate meter, suitable for 
measuring and recording the actual volumetric sample flow rate at the 
sampler downtube, with a minimum range of 10 to 25 L/min, 2 percent 
certified, NIST-traceable accuracy. Optional capability for continuous 
(analog) recording capability or digital recording at intervals not to 
exceed 30 seconds is recommended. While a flow meter which provides a 
direct indication of volumetric flow rate is preferred for this test, an 
alternative certified flow measurement device may be used as long as 
appropriate volumetric flow rate corrections are made based on 
measurements of actual ambient temperature and pressure conditions.
    (2) Ambient air temperature sensor, with a resolution of 0.1 C and 
certified to be accurate to within 0.5 C (if needed). If the certified 
flow meter does not provide direct volumetric flow rate readings, 
ambient air temperature measurements must be made using continuous 
(analog) recording capability or digital recording at intervals not to 
exceed 5 minutes.
    (3) Barometer, range 600 mm Hg to 800 mm Hg, certified accurate to 2 
mm Hg (if needed). If the certified flow meter does not provide direct 
volumetric flow rate readings, ambient pressure measurements must be 
made using continuous (analog) recording capability or digital recording 
at intervals not to exceed 5 minutes.
    (4) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-
30) or equivalent adaptor to facilitate measurement of sample flow rate 
at the sampler downtube.
    (5) Valve or other means to restrict or reduce the sample flow rate 
to a value at least 10 percent below the design flow rate (16.67 L/min). 
If appropriate, the valve of the flow measurement adaptor may be used 
for this purpose.
    (6) Means for creating an additional pressure drop of 55 mm Hg in 
the sampler to simulate a heavily loaded filter, such as an orifice or 
flow restrictive plate installed in the filter holder or a valve or 
other flow restrictor temporarily installed in the flow path near the 
filter.
    (7) Teflon sample filter, as specified in section 6 of 40 CFR part 
50, appendix L (if required).
    (d) Calibration of test measurement instruments. Submit 
documentation showing evidence of appropriately recent calibration, 
certification of calibration accuracy, and NIST-traceability (if 
required) of all measurement instruments used in the tests. The accuracy 
of flow-rate meters shall be verified at the highest and lowest 
pressures and temperatures used in the tests and shall be checked at 
zero and at least one flow rate within 3 percent of 16.7 L/min within 7 
days prior to use for this test. Where an instrument's measurements are 
to be recorded with an analog recording device, the accuracy of the 
entire instrument-recorder system shall be calibrated or verified.
    (e) Test setup. (1) Setup of the sampler shall be as required in 
this paragraph (e) and otherwise as described in the sampler's operation 
or instruction manual referred to in Sec. 53.4(b)(3). The sampler shall 
be installed upright and set up in its normal configuration for 
collecting PM samples. A sample filter and (or) the device for creating 
an additional 55 mm Hg pressure drop shall be installed for the duration 
of these tests. The sampler's ambient temperature, ambient pressure, and 
flow rate measurement systems shall all be calibrated per the sampler's 
operation or instruction manual within 7 days prior to this test.

[[Page 72]]

    (2) The inlet of the candidate sampler shall be removed and the flow 
measurement adaptor installed on the sampler's downtube. A leak check as 
described in the sampler's operation or instruction manual shall be 
conducted and must be properly passed before other tests are carried 
out.
    (3) The inlet of the flow measurement adaptor shall be connected to 
the outlet of the flow rate meter.
    (4) For the flow rate cut-off test, the valve or means for reducing 
sampler flow rate shall be installed between the flow measurement 
adaptor and the downtube or in another location within the sampler such 
that the sampler flow rate can be manually restricted during the test.
    (f) Procedure. (1) Set up the sampler as specified in paragraph (e) 
of this section and otherwise prepare the sampler for normal sample 
collection operation as directed in the sampler's operation or 
instruction manual. Set the sampler to automatically start a 6-hour 
sample collection period at a convenient time.
    (2) During the 6-hour operational flow rate portion of the test, 
measure and record the sample flow rate with the flow rate meter at 
intervals not to exceed 5 minutes. If ambient temperature and pressure 
corrections are necessary to calculate volumetric flow rate, ambient 
temperature and pressure shall be measured at the same frequency as that 
of the certified flow rate measurements. Note and record the actual 
start and stop times for the 6-hour flow rate test period.
    (3) Following completion of the 6-hour flow rate test period, 
install the flow rate reduction device and change the sampler flow rate 
recording frequency to intervals of not more than 30 seconds. Reset the 
sampler to start a new sample collection period. Manually restrict the 
sampler flow rate such that the sampler flow rate is decreased slowly 
over several minutes to a flow rate slightly less than the flow rate 
cut-off value (15.0 L/min). Maintain this flow rate for at least 2.0 
minutes or until the sampler stops the sample flow automatically. 
Manually terminate the sample period, if the sampler has not terminated 
it automatically.
    (g) Test results. At the completion of the test, validate the test 
conditions and determine the test results as follows:
    (1) Mean sample flow rate. (i) From the certified measurements 
(Qref) of the test sampler flow rate obtained by use of the 
flow rate meter, tabulate each flow rate measurement in units of L/min. 
If ambient temperature and pressure corrections are necessary to 
calculate volumetric flow rate, each measured flow rate shall be 
corrected using its corresponding temperature and pressure measurement 
values. Calculate the mean flow rate for the sample period 
(Qref,ave) as follows:
                               Equation 1
[GRAPHIC] [TIFF OMITTED] TR18JY97.063

where:

n equals the number of discrete certified flow rate measurements over 
          the 6-hour test period.

    (ii)(A) Calculate the percent difference between this mean flow rate 
value and the design value of 16.67 L/min, as follows:
                               Equation 2
[GRAPHIC] [TIFF OMITTED] TR18JY97.064

    (B) To successfully pass the mean flow rate test, the percent 
difference calculated in Equation 2 of this paragraph (g)(1)(ii) must be 
within 5 percent.
    (2) Sample flow rate regulation. (i) From the certified measurements 
of the test sampler flow rate, calculate the sample coefficient of 
variation (CV) of the discrete measurements as follows:
                               Equation 3
[GRAPHIC] [TIFF OMITTED] TR18JY97.065


[[Page 73]]


    (ii) To successfully pass the flow rate regulation test, the 
calculated coefficient of variation for the certified flow rates must 
not exceed 2 percent.
    (3) Flow rate measurement accuracy. (i) Using the mean volumetric 
flow rate reported by the candidate test sampler at the completion of 
the 6-hour test period (Qind,ave), determine the accuracy of 
the reported mean flow rate as:
                               Equation 4
[GRAPHIC] [TIFF OMITTED] TR18JY97.066

    (ii) To successfully pass the flow rate measurement accuracy test, 
the percent difference calculated in Equation 4 of this paragraph (g)(3) 
shall not exceed 2 percent.
    (4) Flow rate coefficient of variation measurement accuracy. (i) 
Using the flow rate coefficient of variation indicated by the candidate 
test sampler at the completion of the 6-hour test (%CVind), 
determine the accuracy of this reported coefficient of variation as:
                               Equation 5
[GRAPHIC] [TIFF OMITTED] TR18JY97.067

    (ii) To successfully pass the flow rate CV measurement accuracy 
test, the absolute difference in values calculated in Equation 5 of this 
paragraph (g)(4) must not exceed 0.3 (CV%).
    (5) Flow rate cut-off. (i) Inspect the measurements of the sample 
flow rate during the flow rate cut-off test and determine the time at 
which the sample flow rate decreased to a value less than the cut-off 
value specified in table E-1 of this subpart. To pass this test, the 
sampler must have automatically stopped the sample flow at least 30 
seconds but not more than 90 seconds after the time at which the sampler 
flow rate was determined to have decreased to a value less than the cut-
off value.
    (ii) At the completion of the flow rate cut-off test, download the 
archived data from the test sampler and verify that the sampler's 
required Flow-out-of-spec and Incorrect sample period flag indicators 
are properly set.

[62 FR 38799, July 18, 1997, as amended at 71 FR 61291, Oct. 17, 2006]



Sec. 53.54  Test for proper sampler operation following power
interruptions.

    (a) Overview. (1) This test procedure is designed to test certain 
performance parameters of the candidate sampler during a test period in 
which power interruptions of various duration occur. The performance 
parameters tested are:
    (i) Proper flow rate performance of the sampler.
    (ii) Accuracy of the sampler's average flow rate, CV, and sample 
volume measurements.
    (iii) Accuracy of the sampler's reported elapsed sampling time.
    (iv) Accuracy of the reported time and duration of power 
interruptions.
    (2) This test shall be conducted during operation of the test 
sampler over a continuous 6-hour test period during which the sampler's 
flow rate shall be measured and recorded at intervals not to exceed 5 
minutes. The performance parameters tested under this procedure, the 
corresponding minimum performance specifications, and the applicable 
test conditions are summarized in table E-1 of this subpart. Each 
performance parameter tested, as described or determined in the test 
procedure, must meet or exceed the associated performance specification 
to successfully pass this test.
    (b) Required test equipment. (1) Flow rate meter, suitable for 
measuring and recording the actual volumetric sample flow rate at the 
sampler downtube, with a minimum range of 10 to 25 L/min, 2 percent 
certified, NIST-traceable accuracy. Optional capability for continuous 
(analog) recording capability or digital recording at intervals not to 
exceed 5 minutes is recommended. While a flow meter which provides a 
direct indication of volumetric flow rate is preferred for this test, an 
alternative certified flow measurement device may be used as long as 
appropriate volumetric flow rate corrections are made based on 
measurements of actual ambient temperature and pressure conditions.

[[Page 74]]

    (2) Ambient air temperature sensor (if needed for volumetric 
corrections to flow rate measurements), with a resolution of 0.1 C, 
certified accurate to within 0.5 C, and continuous (analog) recording 
capability or digital recording at intervals not to exceed 5 minutes.
    (3) Barometer (if needed for volumetric corrections to flow rate 
measurements), range 600 mm Hg to 800 mm Hg, certified accurate to 2 mm 
Hg, with continuous (analog) recording capability or digital recording 
at intervals not to exceed 5 minutes.
    (4) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-
30) or equivalent adaptor to facilitate measurement of sample flow rate 
at the sampler downtube.
    (5) Means for creating an additional pressure drop of 55 mm Hg in 
the sampler to simulate a heavily loaded filter, such as an orifice or 
flow restrictive plate installed in the filter holder or a valve or 
other flow restrictor temporarily installed in the flow path near the 
filter.
    (6) Teflon sample filter, as specified in section 6 of 40 CFR part 
50, appendix L (if required).
    (7) Time measurement system, accurate to within 10 seconds per day.
    (c) Calibration of test measurement instruments. Submit 
documentation showing evidence of appropriately recent calibration, 
certification of calibration accuracy, and NIST-traceability (if 
required) of all measurement instruments used in the tests. The accuracy 
of flow rate meters shall be verified at the highest and lowest 
pressures and temperatures used in the tests and shall be checked at 
zero and at least one flow rate within 3 percent of 16.7 L/min within 7 
days prior to use for this test. Where an instrument's measurements are 
to be recorded with an analog recording device, the accuracy of the 
entire instrument-recorder system shall be calibrated or verified.
    (d) Test setup. (1) Setup of the sampler shall be performed as 
required in this paragraph (d) and otherwise as described in the 
sampler's operation or instruction manual referred to in 
Sec. 53.4(b)(3). The sampler shall be installed upright and set up in 
its normal configuration for collecting PM samples. A sample filter and 
(or) the device for creating an additional 55 mm Hg pressure drop shall 
be installed for the duration of these tests. The sampler's ambient 
temperature, ambient pressure, and flow measurement systems shall all be 
calibrated per the sampler's operating manual within 7 days prior to 
this test.
    (2) The inlet of the candidate sampler shall be removed and the flow 
measurement adaptor installed on the sample downtube. A leak check as 
described in the sampler's operation or instruction manual shall be 
conducted and must be properly passed before other tests are carried 
out.
    (3) The inlet of the flow measurement adaptor shall be connected to 
the outlet of the flow rate meter.
    (e) Procedure. (1) Set up the sampler as specified in paragraph (d) 
of this section and otherwise prepare the sampler for normal sample 
collection operation as directed in the sampler's operation or 
instruction manual. Set the sampler to automatically start a 6-hour 
sample collection period at a convenient time.
    (2) During the entire 6-hour operational flow rate portion of the 
test, measure and record the sample flow rate with the flow rate meter 
at intervals not to exceed 5 minutes. If ambient temperature and 
pressure corrections are necessary to calculate volumetric flow rate, 
ambient temperature and pressure shall be measured at the same frequency 
as that of the certified flow rate measurements. Note and record the 
actual start and stop times for the 6-hour flow rate test period.
    (3) During the 6-hour test period, interrupt the AC line electrical 
power to the sampler 5 times, with durations of 20 seconds, 40 seconds, 
2 minutes, 7 minutes, and 20 minutes (respectively), with not less than 
10 minutes of normal electrical power supplied between each power 
interruption. Record the hour and minute and duration of each power 
interruption.
    (4) At the end of the test, terminate the sample period (if not 
automatically terminated by the sampler) and download all archived 
instrument data from the test sampler.
    (f) Test results. At the completion of the sampling period, validate 
the test

[[Page 75]]

conditions and determine the test results as follows:
    (1) Mean sample flow rate. (i) From the certified measurements 
(Qref) of the test sampler flow rate, tabulate each flow rate 
measurement in units of L/min. If ambient temperature and pressure 
corrections are necessary to calculate volumetric flow rate, each 
measured flow rate shall be corrected using its corresponding 
temperature and pressure measurement values. Calculate the mean flow 
rate for the sample period (Qref,ave) as follows:
                               Equation 6
[GRAPHIC] [TIFF OMITTED] TR18JY97.068

where:

n equals the number of discrete certified flow rate measurements over 
          the 6-hour test period, excluding flow rate values obtained 
          during periods of power interruption.

    (ii)(A) Calculate the percent difference between this mean flow rate 
value and the design value of 16.67 L/min, as follows:
                               Equation 7
[GRAPHIC] [TIFF OMITTED] TR18JY97.069

    (B) To successfully pass this test, the percent difference 
calculated in Equation 7 of this paragraph (f)(1)(ii) must be within 5 
percent.
    (2) Sample flow rate regulation. (i) From the certified measurements 
of the test sampler flow rate, calculate the sample coefficient of 
variation of the discrete measurements as follows:
                               Equation 8
[GRAPHIC] [TIFF OMITTED] TR18JY97.070

    (ii) To successfully pass this test, the calculated coefficient of 
variation for the certified flow rates must not exceed 2 percent.
    (3) Flow rate measurement accuracy. (i) Using the mean volumetric 
flow rate reported by the candidate test sampler at the completion of 
the 6-hour test (Qind,ave), determine the accuracy of the 
reported mean flow rate as:
                               Equation 9
[GRAPHIC] [TIFF OMITTED] TR18JY97.071

    (ii) To successfully pass this test, the percent difference 
calculated in Equation 9 of this paragraph (f)(3) shall not exceed 2 
percent.
    (4) Flow rate CV measurement accuracy. (i) Using the flow rate 
coefficient of variation indicated by the candidate test sampler at the 
completion of the 6-hour test (%CVind), determine the 
accuracy of the reported coefficient of variation as:
                               Equation 10
[GRAPHIC] [TIFF OMITTED] TR18JY97.072

    (ii) To successfully pass this test, the absolute difference in 
values calculated in Equation 10 of this paragraph (f)(4) must not 
exceed 0.3 (CV%).
    (5) Verify that the sampler properly provided a record and visual 
display of the correct year, month, day-of-month, hour, and minute with 
an accuracy of 2 minutes, of the start of each power interruption of 
duration greater than 60 seconds.
    (6) Calculate the actual elapsed sample time, excluding the periods 
of electrical power interruption. Verify that the elapsed sample time 
reported by the sampler is accurate to within 20 seconds for the 6-hour 
test run.
    (7) Calculate the sample volume as Qref.ave multiplied by 
the sample time, excluding periods of power interruption. Verify that 
the sample volume reported by the sampler is within 2 percent of the 
calculated sample volume to successfully pass this test.
    (8) Inspect the downloaded instrument data from the test sampler and 
verify that all data are consistent with normal operation of the 
sampler.

[62 FR 38799, July 18, 1997; 63 FR 7714, Feb. 17, 1998, as amended at 71 
FR 61291, Oct. 17, 2006]

[[Page 76]]



Sec. 53.55  Test for effect of variations in power line voltage and
ambient temperature.

    (a) Overview. (1) This test procedure is a combined procedure to 
test various performance parameters under variations in power line 
voltage and ambient temperature. Tests shall be conducted in a 
temperature-controlled environment over four 6-hour time periods during 
which reference temperature and flow rate measurements shall be made at 
intervals not to exceed 5 minutes. Specific parameters to be evaluated 
at line voltages of 105 and 125 volts and temperatures of ^20 C and + 
40 C are as follows:
    (i) Sample flow rate.
    (ii) Flow rate regulation.
    (iii) Flow rate measurement accuracy.
    (iv) Coefficient of variability measurement accuracy.
    (v) Ambient air temperature measurement accuracy.
    (vi) Proper operation of the sampler when exposed to power line 
voltage and ambient temperature extremes.
    (2) The performance parameters tested under this procedure, the 
corresponding minimum performance specifications, and the applicable 
test conditions are summarized in table E-1 of this subpart. Each 
performance parameter tested, as described or determined in the test 
procedure, must meet or exceed the associated performance specification 
given. The candidate sampler must meet all specifications for the 
associated PM 2.5 or PM 10-2.5 method (as 
applicable) to pass this test procedure.
    (b) Technical definition. Sample flow rate means the quantitative 
volumetric flow rate of the air stream caused by the sampler to enter 
the sampler inlet and pass through the sample filter, measured in actual 
volume units at the temperature and pressure of the air as it enters the 
inlet.
    (c) Required test equipment. (1) Environmental chamber or other 
temperature-controlled environment or environments, capable of obtaining 
and maintaining temperatures at ^20 C and = 40 C as required for the 
test with an accuracy of 2 C. The test environment(s) must be capable 
of maintaining these temperatures within the specified limits 
continuously with the additional heat load of the operating test sampler 
in the environment. Henceforth, where the test procedures specify a test 
or environmental ``chamber,'' an alternative temperature-controlled 
environmental area or areas may be substituted, provided the required 
test temperatures and all other test requirements are met.
    (2) Variable voltage AC power transformer, range 100 Vac to 130 Vac, 
with sufficient current capacity to operate the test sampler 
continuously under the test conditions.
    (3) Flow rate meter, suitable for measuring and recording the actual 
volumetric sample flow rate at the sampler downtube, with a minimum 
range of 10 to 25 actual L/min, 2 percent certified, NIST-traceable 
accuracy. Optional capability for continuous (analog) recording 
capability or digital recording at intervals not to exceed 5 minutes is 
recommended. While a flow meter which provides a direct indication of 
volumetric flow rate is preferred for this test, an alternative 
certified flow measurement device may be used as long as appropriate 
volumetric flow rate corrections are made based on measurements of 
actual ambient temperature and pressure conditions.
    (4) Ambient air temperature recorder, range ^30 C to = 50 C, with 
a resolution of 0.1 C and certified accurate to within 0.5 C. Ambient 
air temperature measurements must be made using continuous (analog) 
recording capability or digital recording at intervals not to exceed 5 
minutes.
    (5) Barometer, range 600 mm Hg to 800 mm Hg, certified accurate to 2 
mm Hg. If the certified flow rate meter does not provide direct 
volumetric flow rate readings, ambient pressure measurements must be 
made using continuous (analog) recording capability or digital recording 
at intervals not to exceed 5 minutes.
    (6) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-
30) or equivalent adaptor to facilitate measurement of sampler flow rate 
at the sampler downtube.
    (7) Means for creating an additional pressure drop of 55 mm Hg in 
the sampler to simulate a heavily loaded filter,

[[Page 77]]

such as an orifice or flow restrictive plate installed in the filter 
holder or a valve or other flow restrictor temporarily installed in the 
flow path near the filter.
    (8) AC RMS voltmeter, accurate to 1.0 volt.
    (9) Teflon sample filter, as specified in section 6 of 40 CFR part 
50, appendix L (if required).
    (d) Calibration of test measurement instruments. Submit 
documentation showing evidence of appropriately recent calibration, 
certification of calibration accuracy, and NIST-traceability (if 
required) of all measurement instruments used in the tests. The accuracy 
of flow rate meters shall be verified at the highest and lowest 
pressures and temperatures used in the tests and shall be checked at 
zero and at least one flow rate within 3 percent of 16.7 L/min within 7 
days prior to use for this test. Where an instrument's measurements are 
to be recorded with an analog recording device, the accuracy of the 
entire instrument-recorder system shall be calibrated or verified.
    (e) Test setup. (1) Setup of the sampler shall be performed as 
required in this paragraph (e) and otherwise as described in the 
sampler's operation or instruction manual referred to in 
Sec. 53.4(b)(3). The sampler shall be installed upright and set up in 
the temperature-controlled chamber in its normal configuration for 
collecting PM samples. A sample filter and (or) the device for creating 
an additional 55 mm Hg pressure drop shall be installed for the duration 
of these tests. The sampler's ambient temperature, ambient pressure, and 
flow measurement systems shall all be calibrated per the sampler's 
operating manual within 7 days prior to this test.
    (2) The inlet of the candidate sampler shall be removed and the flow 
measurement adaptor installed on the sampler's downtube. A leak check as 
described in the sampler's operation or instruction manual shall be 
conducted and must be properly passed before other tests are carried 
out.
    (3) The inlet of the flow measurement adaptor shall be connected to 
the outlet of the flow rate meter.
    (4) The ambient air temperature recorder shall be installed in the 
test chamber such that it will accurately measure the temperature of the 
air in the vicinity of the candidate sampler without being unduly 
affected by the chamber's air temperature control system.
    (f) Procedure. (1) Set up the sampler as specified in paragraph (e) 
of this section and otherwise prepare the sampler for normal sample 
collection operation as directed in the sampler's operation or 
instruction manual.
    (2) The test shall consist of four test runs, one at each of the 
following conditions of chamber temperature and electrical power line 
voltage (respectively):
    (i) ^20 C 2 C and 105 1 Vac.
    (ii) ^20 C 2 C and 125 1 Vac.
    (iii) = 40 C 2 C and 105 1 Vac.
    (iv) = 40 C 2 C and 125 1 Vac.
    (3) For each of the four test runs, set the selected chamber 
temperature and power line voltage for the test run. Upon achieving each 
temperature setpoint in the chamber, the candidate sampler and flow 
meter shall be thermally equilibrated for a period of at least 2 hours 
prior to the test run. Following the thermal conditioning time, set the 
sampler to automatically start a 6-hour sample collection period at a 
convenient time.
    (4) During each 6-hour test period:
    (i) Measure and record the sample flow rate with the flow rate meter 
at intervals not to exceed 5 minutes. If ambient temperature and 
pressure corrections are necessary to calculate volumetric flow rate, 
ambient temperature and pressure shall be measured at the same frequency 
as that of the certified flow rate measurements. Note and record the 
actual start and stop times for the 6-hour flow rate test period.
    (ii) Determine and record the ambient (chamber) temperature 
indicated by the sampler and the corresponding ambient (chamber) 
temperature measured by the ambient temperature recorder specified in 
paragraph (c)(4) of this section at intervals not to exceed 5 minutes.
    (iii) Measure the power line voltage to the sampler at intervals not 
greater than 1 hour.

[[Page 78]]

    (5) At the end of each test run, terminate the sample period (if not 
automatically terminated by the sampler) and download all archived 
instrument data from the test sampler.
    (g) Test results. For each of the four test runs, examine the 
chamber temperature measurements and the power line voltage 
measurements. Verify that the temperature and line voltage met the 
requirements specified in paragraph (f) of this section at all times 
during the test run. If not, the test run is not valid and must be 
repeated. Determine the test results as follows:
    (1) Mean sample flow rate. (i) From the certified measurements 
(Qref) of the test sampler flow rate, tabulate each flow rate 
measurement in units of L/min. If ambient temperature and pressure 
corrections are necessary to calculate volumetric flow rate, each 
measured flow rate shall be corrected using its corresponding 
temperature and pressure measurement values. Calculate the mean flow 
rate for each sample period (Qref,ave) as follows:
                               Equation 11
[GRAPHIC] [TIFF OMITTED] TR18JY97.073

where:

n equals the number of discrete certified flow rate measurements over 
          each 6-hour test period.

    (ii)(A) Calculate the percent difference between this mean flow rate 
value and the design value of 16.67 L/min, as follows:
                               Equation 12
[GRAPHIC] [TIFF OMITTED] TR18JY97.074

    (B) To successfully pass this test, the percent difference 
calculated in Equation 12 of this paragraph (g)(1)(ii) must be within 5 
percent for each test run.
    (2) Sample flow rate regulation. (i) From the certified measurements 
of the test sampler flow rate, calculate the sample coefficient of 
variation of the discrete measurements as follows:
                               Equation 13
[GRAPHIC] [TIFF OMITTED] TR18JY97.075

    (ii) To successfully pass this test, the calculated coefficient of 
variation for the certified flow rates must not exceed 2 percent.
    (3) Flow rate measurement accuracy. (i) Using the mean volumetric 
flow rate reported by the candidate test sampler at the completion of 
each 6-hour test (Qind,ave), determine the accuracy of the 
reported mean flow rate as:
                               Equation 14
[GRAPHIC] [TIFF OMITTED] TR18JY97.076

    (ii) To successfully pass this test, the percent difference 
calculated in Equation 14 of this paragraph (g)(3) shall not exceed 2 
percent for each test run.
    (4) Flow rate coefficient of variation measurement accuracy. (i) 
Using the flow rate coefficient of variation indicated by the candidate 
test sampler (%CVind), determine the accuracy of the reported 
coefficient of variation as:
                               Equation 15
[GRAPHIC] [TIFF OMITTED] TR18JY97.077

    (ii) To successfully pass this test, the absolute difference 
calculated in Equation 15 of this paragraph (g)(4) must not exceed 0.3 
(CV%) for each test run.
    (5) Ambient temperature measurement accuracy. (i) Calculate the 
absolute value of the difference between the mean ambient air 
temperature indicated by the test sampler and the mean ambient (chamber) 
air temperature measured with the ambient air temperature recorder as:
[GRAPHIC] [TIFF OMITTED] TR17OC06.037

Where:

Tind,ave = The mean ambient air temperature indicated by the 
          test sampler, C; and

[[Page 79]]

Tref,ave = The mean ambient air temperature measured by the 
          reference temperature instrument, C.

    (ii) The calculated temperature difference must be less than 2 C 
for each test run.
    (6) Sampler functionality. To pass the sampler functionality test, 
the following two conditions must both be met for each test run:
    (i) The sampler must not shutdown during any portion of the 6-hour 
test.
    (ii) An inspection of the downloaded data from the test sampler 
verifies that all the data are consistent with normal operation of the 
sampler.

[62 FR 38799, July 18, 1997, as amended at 71 FR 61291, Oct. 17, 2006]



Sec. 53.56  Test for effect of variations in ambient pressure.

    (a) Overview. (1) This test procedure is designed to test various 
sampler performance parameters under variations in ambient (barometric) 
pressure. Tests shall be conducted in a pressure-controlled environment 
over two 6-hour time periods during which reference pressure and flow 
rate measurements shall be made at intervals not to exceed 5 minutes. 
Specific parameters to be evaluated at operating pressures of 600 and 
800 mm Hg are as follows:
    (i) Sample flow rate.
    (ii) Flow rate regulation.
    (iii) Flow rate measurement accuracy.
    (iv) Coefficient of variability measurement accuracy.
    (v) Ambient pressure measurement accuracy.
    (vi) Proper operation of the sampler when exposed to ambient 
pressure extremes.
    (2) The performance parameters tested under this procedure, the 
corresponding minimum performance specifications, and the applicable 
test conditions are summarized in table E-1 of this subpart. Each 
performance parameter tested, as described or determined in the test 
procedure, must meet or exceed the associated performance specification 
given. The candidate sampler must meet all specifications for the 
associated PM 2.5 or PM 10-2.5 method (as 
applicable) to pass this test procedure.
    (b) Technical definition. Sample flow rate means the quantitative 
volumetric flow rate of the air stream caused by the sampler to enter 
the sampler inlet and pass through the sample filter, measured in actual 
volume units at the temperature and pressure of the air as it enters the 
inlet.
    (c) Required test equipment. (1) Hypobaric chamber or other 
pressure-controlled environment or environments, capable of obtaining 
and maintaining pressures at 600 mm Hg and 800 mm Hg required for the 
test with an accuracy of 5 mm Hg. Henceforth, where the test procedures 
specify a test or environmental chamber, an alternative pressure-
controlled environmental area or areas may be substituted, provided the 
test pressure requirements are met. Means for simulating ambient 
pressure using a closed-loop sample air system may also be approved for 
this test; such a proposed method for simulating the test pressure 
conditions may be described and submitted to EPA at the address given in 
Sec. 53.4(a) prior to conducting the test for a specific individual 
determination of acceptability.
    (2) Flow rate meter, suitable for measuring and recording the actual 
volumetric sampler flow rate at the sampler downtube, with a minimum 
range of 10 to 25 L/min, 2 percent certified, NIST-traceable accuracy. 
Optional capability for continuous (analog) recording capability or 
digital recording at intervals not to exceed 5 minutes is recommended. 
While a flow meter which provides a direct indication of volumetric flow 
rate is preferred for this test, an alternative certified flow 
measurement device may be used as long as appropriate volumetric flow 
rate corrections are made based on measurements of actual ambient 
temperature and pressure conditions.
    (3) Ambient air temperature recorder (if needed for volumetric 
corrections to flow rate measurements) with a range ^30 C to = 50 C, 
certified accurate to within 0.5 C. If the certified flow meter does 
not provide direct volumetric flow rate readings, ambient temperature 
measurements must be made using continuous (analog) recording capability 
or digital recording at intervals not to exceed 5 minutes.

[[Page 80]]

    (4) Barometer, range 600 mm Hg to 800 mm Hg, certified accurate to 2 
mm Hg. Ambient air pressure measurements must be made using continuous 
(analog) recording capability or digital recording at intervals not to 
exceed 5 minutes.
    (5) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-
30) or equivalent adaptor to facilitate measurement of sampler flow rate 
at the sampler downtube.
    (6) Means for creating an additional pressure drop of 55 mm Hg in 
the sampler to simulate a heavily loaded filter, such as an orifice or 
flow restrictive plate installed in the filter holder or a valve or 
other flow restrictor temporarily installed in the flow path near the 
filter.
    (7) Teflon sample filter, as specified in section 6 of 40 CFR part 
50, appendix L (if required).
    (d) Calibration of test measurement instruments. Submit 
documentation showing evidence of appropriately recent calibration, 
certification of calibration accuracy, and NIST-traceability (if 
required) of all measurement instruments used in the tests. The accuracy 
of flow rate meters shall be verified at the highest and lowest 
pressures and temperatures used in the tests and shall be checked at 
zero and at least one flow rate within 3 percent of 16.7 L/min within 7 
days prior to use for this test. Where an instrument's measurements are 
to be recorded with an analog recording device, the accuracy of the 
entire instrument-recorder system shall be calibrated or verified.
    (e) Test setup. (1) Setup of the sampler shall be performed as 
required in this paragraph (e) and otherwise as described in the 
sampler's operation or instruction manual referred to in 
Sec. 53.4(b)(3). The sampler shall be installed upright and set up in 
the pressure-controlled chamber in its normal configuration for 
collecting PM samples. A sample filter and (or) the device for creating 
an additional 55 mm Hg pressure drop shall be installed for the duration 
of these tests. The sampler's ambient temperature, ambient pressure, and 
flow measurement systems shall all be calibrated per the sampler's 
operating manual within 7 days prior to this test.
    (2) The inlet of the candidate sampler shall be removed and the flow 
measurement adaptor installed on the sampler's downtube. A leak check as 
described in the sampler's operation or instruction manual shall be 
conducted and must be properly passed before other tests are carried 
out.
    (3) The inlet of the flow measurement adaptor shall be connected to 
the outlet of the flow rate meter.
    (4) The barometer shall be installed in the test chamber such that 
it will accurately measure the air pressure to which the candidate 
sampler is subjected.
    (f) Procedure. (1) Set up the sampler as specified in paragraph (e) 
of this section and otherwise prepare the sampler for normal sample 
collection operation as directed in the sampler's operation or 
instruction manual.
    (2) The test shall consist of two test runs, one at each of the 
following conditions of chamber pressure:
    (i) 600 mm Hg.
    (ii) 800 mm Hg.
    (3) For each of the two test runs, set the selected chamber pressure 
for the test run. Upon achieving each pressure setpoint in the chamber, 
the candidate sampler shall be pressure-equilibrated for a period of at 
least 30 minutes prior to the test run. Following the conditioning time, 
set the sampler to automatically start a 6-hour sample collection period 
at a convenient time.
    (4) During each 6-hour test period:
    (i) Measure and record the sample flow rate with the flow rate meter 
at intervals not to exceed 5 minutes. If ambient temperature and 
pressure corrections are necessary to calculate volumetric flow rate, 
ambient temperature and pressure shall be measured at the same frequency 
as that of the certified flow rate measurements. Note and record the 
actual start and stop times for the 6-hour flow rate test period.
    (ii) Determine and record the ambient (chamber) pressure indicated 
by the sampler and the corresponding ambient (chamber) pressure measured 
by the barometer specified in paragraph (c)(4) of this section at 
intervals not to exceed 5 minutes.

[[Page 81]]

    (5) At the end of each test period, terminate the sample period (if 
not automatically terminated by the sampler) and download all archived 
instrument data for the test run from the test sampler.
    (g) Test results. For each of the two test runs, examine the chamber 
pressure measurements. Verify that the pressure met the requirements 
specified in paragraph (f) of this section at all times during the test. 
If not, the test run is not valid and must be repeated. Determine the 
test results as follows:
    (1) Mean sample flow rate. (i) From the certified measurements 
(Qref) of the test sampler flow rate, tabulate each flow rate 
measurement in units of L/min. If ambient temperature and pressure 
corrections are necessary to calculate volumetric flow rate, each 
measured flow rate shall be corrected using its corresponding 
temperature and pressure measurement values. Calculate the mean flow 
rate for the sample period (Qref,ave) as follows:
                               Equation 17
[GRAPHIC] [TIFF OMITTED] TR18JY97.079

where:

n equals the number of discrete certified flow measurements over the 6-
          hour test period.

    (ii)(A) Calculate the percent difference between this mean flow rate 
value and the design value of 16.67 L/min, as follows:
                               Equation 18
[GRAPHIC] [TIFF OMITTED] TR18JY97.080

    (B) To successfully pass this test, the percent difference 
calculated in Equation 18 of this paragraph (g)(1) must be within 5 
percent for each test run.
    (2) Sample flow rate regulation. (i) From the certified measurements 
of the test sampler flow rate, calculate the sample coefficient of 
variation of the discrete measurements as follows:
                               Equation 19
[GRAPHIC] [TIFF OMITTED] TR18JY97.081

    (ii) To successfully pass this test, the calculated coefficient of 
variation for the certified flow rates must not exceed 2 percent.
    (3) Flow rate measurement accuracy. (i) Using the mean volumetric 
flow rate reported by the candidate test sampler at the completion of 
each 6-hour test (Qind,ave), determine the accuracy of the 
reported mean flow rate as:
                               Equation 20
[GRAPHIC] [TIFF OMITTED] TR18JY97.082

    (ii) To successfully pass this test, the percent difference 
calculated in Equation 20 of this paragraph (g)(3) shall not exceed 2 
percent for each test run.
    (4) Flow rate CV measurement accuracy. (i) Using the flow rate 
coefficient of variation indicated by the candidate test sampler at the 
completion of the 6-hour test (%CVind), determine the 
accuracy of the reported coefficient of variation as:
                               Equation 21
[GRAPHIC] [TIFF OMITTED] TR18JY97.083

    (ii) To successfully pass this test, the absolute difference in 
values calculated in Equation 21 of this paragraph (g)(4) must not 
exceed 0.3 (CV%) for each test run.
    (5) Ambient pressure measurement accuracy. (i) Calculate the 
absolute difference between the mean ambient air pressure indicated by 
the test sampler and the ambient (chamber) air pressure measured with 
the reference barometer as:
                               Equation 22
[GRAPHIC] [TIFF OMITTED] TR18JY97.084

where:

Pind,ave = mean ambient pressure indicated by the test 
          sampler, mm Hg; and

[[Page 82]]

Pref,ave = mean barometric pressure measured by the reference 
          barometer, mm Hg.

    (ii) The calculated pressure difference must be less than 10 mm Hg 
for each test run to pass the test.
    (6) Sampler functionality. To pass the sampler functionality test, 
the following two conditions must both be met for each test run:
    (i) The sampler must not shut down during any part of the 6-hour 
tests; and
    (ii) An inspection of the downloaded data from the test sampler 
verifies that all the data are consistent with normal operation of the 
sampler.

[62 FR 38799, July 18, 1997; 63 FR 7714, Feb. 17, 1998, as amended at 71 
FR 61292, Oct. 17, 2006]



Sec. 53.57  Test for filter temperature control during sampling and 
post-sampling periods.

    (a) Overview. This test is intended to measure the candidate 
sampler's ability to prevent excessive overheating of the PM sample 
collection filter (or filters) under conditions of elevated solar 
insolation. The test evaluates radiative effects on filter temperature 
during a 4-hour period of active sampling as well as during a subsequent 
4-hour non-sampling time period prior to filter retrieval. Tests shall 
be conducted in an environmental chamber which provides the proper 
radiant wavelengths and energies to adequately simulate the sun's 
radiant effects under clear conditions at sea level. For additional 
guidance on conducting solar radiative tests under controlled 
conditions, consult military standard specification 810-E (reference 6 
in appendix A of this subpart). The performance parameters tested under 
this procedure, the corresponding minimum performance specifications, 
and the applicable test conditions are summarized in table E-1 of this 
subpart. Each performance parameter tested, as described or determined 
in the test procedure, must meet or exceed the associated performance 
specification to successfully pass this test.
    (b) Technical definition. Filter temperature control during sampling 
is the ability of a sampler to maintain the temperature of the 
particulate matter sample filter within the specified deviation (5 C) 
from ambient temperature during any active sampling period. Post-
sampling temperature control is the ability of a sampler to maintain the 
temperature of the particulate matter sample filter within the specified 
deviation from ambient temperature during the period from the end of 
active sample collection by the sampler until the filter is retrieved 
from the sampler for laboratory analysis.
    (c) Required test equipment. (1) Environmental chamber providing the 
means, such as a bank of solar-spectrum lamps, for generating or 
simulating thermal radiation in approximate spectral content and 
intensity equivalent to solar insulation of 1000 50 W/m\2\ inside the 
environmental chamber. To properly simulate the sun's radiative effects 
on the sampler, the solar bank must provide the spectral energy 
distribution and permitted tolerances specified in table E-2 of this 
subpart. The solar radiation source area shall be such that the width of 
the candidate sampler shall not exceed one-half the dimensions of the 
solar bank. The solar bank shall be located a minimum of 76 cm (30 
inches) from any surface of the candidate sampler. To meet requirements 
of the solar radiation tests, the chamber's internal volume shall be a 
minimum of 10 times that of the volume of the candidate sampler. Air 
velocity in the region of the sampler must be maintained continuously 
during the radiative tests at 2.0 0.5 m/sec.
    (2) Ambient air temperature recorder, range ^30 C to = 50 C, with 
a resolution of 0.1 C and certified accurate to within 0.5 C. Ambient 
air temperature measurements must be made using continuous (analog) 
recording capability or digital recording at intervals not to exceed 5 
minutes.
    (3) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-
30) or equivalent adaptor to facilitate measurement of sampler flow rate 
at the sampler downtube.
    (4) Miniature temperature sensor(s), capable of being installed in 
the sampler without introducing air leakage and capable of measuring the 
sample air temperature within 1 cm of the center of the filter, 
downstream of the filter; with a resolution of 0.1 C, certified

[[Page 83]]

accurate to within 0.5 C, NIST-traceable, with continuous (analog) 
recording capability or digital recording at intervals of not more than 
5 minutes.
    (5) Solar radiometer, to measure the intensity of the simulated 
solar radiation in the test environment, range of 0 to approximately 
1500 W/m\2\. Optional capability for continuous (analog) recording or 
digital recording at intervals not to exceed 5 minutes is recommended.
    (6) Sample filter or filters, as specified in section 6 of 40 CFR 
part 50, appendix L.
    (d) Calibration of test measurement instruments. Submit 
documentation showing evidence of appropriately recent calibration, 
certification of calibration accuracy, and NIST-traceability (if 
required) of all measurement instruments used in the tests. The accuracy 
of flow rate meters shall be verified at the highest and lowest 
pressures and temperatures used in the tests and shall be checked at 
zero and at least one flow rate within 3 percent of 16.7 L/min within 7 
days prior to use for this test. Where an instrument's measurements are 
to be recorded with an analog recording device, the accuracy of the 
entire instrument-recorder system shall be calibrated or verified.
    (e) Test setup. (1) Setup of the sampler shall be performed as 
required in this paragraph (e) and otherwise as described in the 
sampler's operation or instruction manual referred to in 
Sec. 53.4(b)(3). The sampler shall be installed upright and set up in 
the solar radiation environmental chamber in its normal configuration 
for collecting PM samples (with the inlet installed). The sampler's 
ambient and filter temperature measurement systems shall be calibrated 
per the sampler's operating manual within 7 days prior to this test. A 
sample filter shall be installed for the duration of this test. For 
sequential samplers, a sample filter shall also be installed in each 
available sequential channel or station intended for collection of a 
sequential sample (or at least five additional filters for magazine-type 
sequential samplers) as directed by the sampler's operation or 
instruction manual.
    (2) The miniature temperature sensor shall be temporarily installed 
in the test sampler such that it accurately measures the air temperature 
1 cm from the center of the filter on the downstream side of the filter. 
The sensor shall be installed such that no external or internal air 
leakage is created by the sensor installation. The sensor's dimensions 
and installation shall be selected to minimize temperature measurement 
uncertainties due to thermal conduction along the sensor mounting 
structure or sensor conductors. For sequential samplers, similar 
temperature sensors shall also be temporarily installed in the test 
sampler to monitor the temperature 1 cm from the center of each filter 
stored in the sampler for sequential sample operation.
    (3) The solar radiant energy source shall be installed in the test 
chamber such that the entire test sampler is irradiated in a manner 
similar to the way it would be irradiated by solar radiation if it were 
located outdoors in an open area on a sunny day, with the radiation 
arriving at an angle of between 30 and 45 from vertical. The intensity 
of the radiation received by all sampler surfaces that receive direct 
radiation shall average 1000 50 W/m\2\, measured in a plane 
perpendicular to the incident radiation. The incident radiation shall be 
oriented with respect to the sampler such that the area of the sampler's 
ambient temperature sensor (or temperature shield) receives full, direct 
radiation as it would or could during normal outdoor installation. Also, 
the temperature sensor must not be shielded or shaded from the radiation 
by a sampler part in a way that would not occur at other normal 
insulation angles or directions.
    (4) The solar radiometer shall be installed in a location where it 
measures thermal radiation that is generally representative of the 
average thermal radiation intensity that the upper portion of the 
sampler and sampler inlet receive. The solar radiometer shall be 
oriented so that it measures the radiation in a plane perpendicular to 
its angle of incidence.
    (5) The ambient air temperature recorder shall be installed in the 
test chamber such that it will accurately measure the temperature of the 
air in

[[Page 84]]

the chamber without being unduly affected by the chamber's air 
temperature control system or by the radiant energy from the solar 
radiation source that may be present inside the test chamber.
    (f) Procedure. (1) Set up the sampler as specified in paragraph (e) 
of this section and otherwise prepare the sampler for normal sample 
collection operation as directed in the sampler's operation or 
instruction manual.
    (2) Remove the inlet of the candidate test sampler and install the 
flow measurement adaptor on the sampler's downtube. Conduct a leak check 
as described in the sampler's operation or instruction manual. The leak 
test must be properly passed before other tests are carried out.
    (3) Remove the flow measurement adaptor from the downtube and re-
install the sampling inlet.
    (4) Activate the solar radiation source and verify that the 
resulting energy distribution prescribed in table E-2 of this subpart is 
achieved.
    (5) Program the test sampler to conduct a single sampling run of 4 
continuous hours. During the 4-hour sampling run, measure and record the 
radiant flux, ambient temperature, and filter temperature (all filter 
temperatures for sequential samplers) at intervals not to exceed 5 
minutes.
    (6) At the completion of the 4-hour sampling phase, terminate the 
sample period, if not terminated automatically by the sampler. Continue 
to measure and record the radiant flux, ambient temperature, and filter 
temperature or temperatures for 4 additional hours at intervals not to 
exceed 5 minutes. At the completion of the 4-hour post-sampling period, 
discontinue the measurements and turn off the solar source.
    (7) Download all archived sampler data from the test run.
    (g) Test results. Chamber radiant flux control. Examine the 
continuous record of the chamber radiant flux and verify that the flux 
met the requirements specified in table E-2 of this subpart at all times 
during the test. If not, the entire test is not valid and must be 
repeated.
    (1) Filter temperature measurement accuracy. (i) For each 4-hour 
test period, calculate the absolute value of the difference between the 
mean filter temperature indicated by the sampler (active filter) and the 
mean filter temperature measured by the reference temperature sensor 
installed within 1 cm downstream of the (active) filter as:
                               Equation 23
[GRAPHIC] [TIFF OMITTED] TR18JY97.085

where:

Tind,filter = mean filter temperature indicated by the test 
          sampler, C; and
Tref,filter = mean filter temperature measured by the 
          reference temperature sensor, C.

    (ii) To successfully pass the indicated filter temperature accuracy 
test, the calculated difference between the measured means 
(Tdiff,filter) must not exceed 2 C for each 4-hour test 
period.
    (2) Ambient temperature measurement accuracy. (i) For each 4-hour 
test period, calculate the absolute value of the difference between the 
mean ambient air temperature indicated by the test sampler and the mean 
ambient air temperature measured by the reference ambient air 
temperature recorder as:
                               Equation 24
[GRAPHIC] [TIFF OMITTED] TR18JY97.086

where:

Tind,ambient = mean ambient air temperature indicated by the 
          test sampler, C; and
Tref,ambient = mean ambient air temperature measured by the 
          reference ambient air temperature recorder, C.

    (ii) To successfully pass the indicated ambient temperature accuracy 
test, the calculated difference between the measured means 
(Tdiff,ambient) must not exceed 2 C for each 4-hour test 
period.
    (3) Filter temperature control accuracy. (i) For each temperature 
measurement interval over each 4-hour test period, calculate the 
difference between the filter temperature indicated by the reference 
temperature sensor and the ambient temperature indicated by the test 
sampler as:
                               Equation 25
[GRAPHIC] [TIFF OMITTED] TR18JY97.087


[[Page 85]]


    (ii) Tabulate and inspect the calculated differences as a function 
of time. To successfully pass the indicated filter temperature control 
test, the calculated difference between the measured values must not 
exceed 5 C for any consecutive intervals covering more than a 30-minute 
time period.
    (iii) For sequential samplers, repeat the test calculations for each 
of the stored sequential sample filters. All stored filters must also 
meet the 5 C temperature control test.

[62 FR 38799, July 18, 1997; 63 FR 7714, Feb. 17, 1998, as amended at 71 
FR 61292, Oct. 17, 2006]



Sec. 53.58  Operational field precision and blank test.

    (a) Overview. This test is intended to determine the operational 
precision of the candidate sampler during a minimum of 10 days of field 
operation, using three collocated test samplers. Measurements of PM are 
made at a test site with all of the samplers and then compared to 
determine replicate precision. Candidate sequential samplers are also 
subject to a test for possible deposition of particulate matter on 
inactive filters during a period of storage in the sampler. This 
procedure is applicable to both reference and equivalent methods. In the 
case of equivalent methods, this test may be combined and conducted 
concurrently with the comparability test for equivalent methods 
(described in subpart C of this part), using three reference method 
samplers collocated with three candidate equivalent method samplers and 
meeting the applicable site and other requirements of subpart C of this 
part.
    (b) Technical definition. (1) Field precision is defined as the 
standard deviation or relative standard deviation of a set of PM 
measurements obtained concurrently with three or more collocated 
samplers in actual ambient air field operation.
    (2) Storage deposition is defined as the mass of material 
inadvertently deposited on a sample filter that is stored in a 
sequential sampler either prior to or subsequent to the active sample 
collection period.
    (c) Test site. Any outdoor test site having PM 2.5 (or PM 
10-2.5, as applicable) concentrations that are reasonably 
uniform over the test area and that meet the minimum level requirement 
of paragraph (g)(2) of this section is acceptable for this test.
    (d) Required facilities and equipment. (1) An appropriate test site 
and suitable electrical power to accommodate three test samplers are 
required.
    (2) Teflon sample filters, as specified in section 6 of 40 CFR part 
50, appendix L, conditioned and preweighed as required by section 8 of 
40 CFR part 50, appendix L, as needed for the test samples.
    (e) Test setup. (1) Three identical test samplers shall be installed 
at the test site in their normal configuration for collecting PM samples 
in accordance with the instructions in the associated manual referred to 
in Sec. 53.4(b)(3) and also in accordance with applicable supplemental 
guidance provided in reference 3 in appendix A of this subpart. The test 
samplers' inlet openings shall be located at the same height above 
ground and between 2 (1 for samplers with flow rates less than 200 L/
min.) and 4 meters apart horizontally. The samplers shall be arranged or 
oriented in a manner that will minimize the spatial and wind directional 
effects on sample collection of one sampler on any other sampler.
    (2) Each test sampler shall be successfully leak checked, 
calibrated, and set up for normal operation in accordance with the 
instruction manual and with any applicable supplemental guidance 
provided in reference 3 in appendix A of this subpart.
    (f) Test procedure. (1) Install a conditioned, preweighed filter in 
each test sampler and otherwise prepare each sampler for normal sample 
collection. Set identical sample collection start and stop times for 
each sampler. For sequential samplers, install a conditioned, preweighed 
specified filter in each available channel or station intended for 
automatic sequential sample filter collection (or at least five 
additional filters for magazine-type sequential samplers), as directed 
by the sampler's operation or instruction manual. Since the inactive 
sequential channels are used for the storage deposition part of the 
test, they may not be used to collect the active PM test samples.

[[Page 86]]

    (2) Collect either a nominal 24-hour or 48-hour atmospheric PM 
sample simultaneously with each of the three test samplers.
    (3) Following sample collection, retrieve the collected sample from 
each sampler. For sequential samplers, retrieve the additional stored 
(blank, unsampled) filters after at least 5 days (120 hours) storage in 
the sampler if the active samples are 24-hour samples, or after at least 
10 days (240 hours) if the active samples are 48-hour samples.
    (4) Determine the measured PM mass concentration for each sample in 
accordance with the applicable procedures prescribed for the candidate 
method in appendix L or appendix O, as applicable, of part 50 of this 
chapter, and in accordance with the associated manual referred to in 
Sec. 53.4(b)(3) and supplemental guidance in reference 2 in appendix A 
of this subpart. For sequential samplers, also similarly determine the 
storage deposition as the net weight gain of each blank, unsampled 
filter after the 5-day (or 10-day) period of storage in the sampler.
    (5) Repeat this procedure to obtain a total of 10 sets of any 
combination of (nominal) 24-hour or 48-hour PM measurements over 10 test 
periods. For sequential samplers, repeat the 5-day (or 10-day) storage 
test of additional blank filters once for a total of two sets of blank 
filters.
    (g) Calculations. (1) Record the PM concentration for each test 
sampler for each test period as Ci,j, where i is the sampler 
number (i = 1,2,3) and j is the test period (j = 1,2, * * * 10).
    (2)(i) For each test period, calculate and record the average of the 
three measured PM concentrations as Cave,j where j is the 
test period using equation 26 of this section:
[GRAPHIC] [TIFF OMITTED] TR41AD07.005

    (ii) If Cave,j <3 mg/m\3\ for any test period, data from 
that test period are unacceptable, and an additional sample collection 
set must be obtained to replace the unacceptable data.
    (3)(i) Calculate and record the precision for each of the 10 test 
periods, as the standard deviation, using equation 27 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.039

    (ii) For each of the 10 test periods, also calculate and record the 
precision as the relative standard deviation, in percent, using equation 
28 of this section:
[GRAPHIC] [TIFF OMITTED] TR17OC06.040

    (h) Test results. (1) The candidate method passes the precision test 
if either Pj or RPj is less than or equal to the 
corresponding specification in table E-1 of this subpart for all 10 test 
periods.
    (2) The candidate sequential sampler passes the blank filter storage 
deposition test if the average net storage deposition weight gain of 
each set of blank filters (total of the net weight gain of each blank 
filter divided by the number of filters in the set) from each test 
sampler (six sets in all) is less than 50 mg.

[71 FR 61292, Oct. 17, 2006,as amended at 72 FR 32208, June 12, 2007]



Sec. 53.59  Aerosol transport test for Class I equivalent method samplers.

    (a) Overview. This test is intended to verify adequate aerosol 
transport through any modified or air flow splitting components that may 
be used in a Class I candidate equivalent method sampler such as may be 
necessary to achieve sequential sampling capability. This test is 
applicable to all Class I candidate samplers in which the aerosol flow 
path (the flow path through which sample air passes upstream of sample 
collection filter) differs significantly from that specified for 
reference method samplers as specified in 40 CFR

[[Page 87]]

part 50, appendix L or appendix O, as applicable. The test requirements 
and performance specifications for this test are summarized in table E-1 
of this subpart.
    (b) Technical definitions. (1) Aerosol transport is the percentage 
of a laboratory challenge aerosol which penetrates to the active sample 
filter of the candidate equivalent method sampler.
    (2) The active sample filter is the exclusive filter through which 
sample air is flowing during performance of this test.
    (3) A no-flow filter is a sample filter through which no sample air 
is intended to flow during performance of this test.
    (4) A channel is any of two or more flow paths that the aerosol may 
take, only one of which may be active at a time.
    (5) An added component is any physical part of the sampler which is 
different in some way from that specified for a reference method sampler 
in 40 CFR part 50, appendix L or appendix O, as applicable, such as a 
device or means to allow or cause the aerosol to be routed to one of 
several channels.
    (c) Required facilities and test equipment. (1) Aerosol generation 
system, as specified in Sec. 53.62(c)(2).
    (2) Aerosol delivery system, as specified in Sec. 53.64(c)(2).
    (3) Particle size verification equipment, as specified in 
Sec. 53.62(c)(3).
    (4) Fluorometer, as specified in Sec. 53.62(c)(7).
    (5) Candidate test sampler, with the inlet and impactor or impactors 
removed, and with all internal surfaces of added components electroless 
nickel coated as specified in Sec. 53.64(d)(2).
    (6) Filters that are appropriate for use with fluorometric methods 
(e.g., glass fiber).
    (d) Calibration of test measurement instruments. Submit 
documentation showing evidence of appropriately recent calibration, 
certification of calibration accuracy, and NIST-traceability (if 
required) of all measurement instruments used in the tests. The accuracy 
of flow rate meters shall be verified at the highest and lowest 
pressures and temperatures used in the tests and shall be checked at 
zero and at least one flow rate within 3 percent of 16.7 L/min within 7 
days prior to use for this test. Where an instrument's measurements are 
to be recorded with an analog recording device, the accuracy of the 
entire instrument-recorder system shall be calibrated or verified.
    (e) Test setup. (1) The candidate test sampler shall have its inlet 
and impactor or impactors removed. The lower end of the down tube shall 
be reconnected to the filter holder, using an extension of the downtube, 
if necessary. If the candidate sampler has a separate impactor for each 
channel, then for this test, the filter holder assemblies must be 
connected to the physical location on the sampler where the impactors 
would normally connect.
    (2) The test particle delivery system shall be connected to the 
sampler downtube so that the test aerosol is introduced at the top of 
the downtube.
    (f) Test procedure. (1) All surfaces of the added or modified 
component or components which come in contact with the aerosol flow 
shall be thoroughly washed with 0.01 N NaOH and then dried.
    (2) Generate aerosol. (i) Generate aerosol composed of oleic acid 
with a uranine fluorometric tag of 3 0.25 mm aerodynamic diameter using 
a vibrating orifice aerosol generator according to conventions specified 
in Sec. 53.61(g).
    (ii) Check for the presence of satellites and adjust the generator 
to minimize their production.
    (iii) Calculate the aerodynamic particle size using the operating 
parameters of the vibrating orifice aerosol generator. The calculated 
aerodynamic diameter must be 3 0.25 mm aerodynamic diameter.
    (3) Verify the particle size according to procedures specified in 
Sec. 53.62(d)(4)(i).
    (4) Collect particles on filters for a time period such that the 
relative error of the resulting measured fluorometric concentration for 
the active filter is less than 5 percent.
    (5) Determine the quantity of material collected on the active 
filter using a calibrated fluorometer. Record the mass of fluorometric 
material for the active filter as Mactive (i) where i = the 
active channel number.
    (6) Determine the quantity of material collected on each no-flow 
filter using a calibrated fluorometer. Record

[[Page 88]]

the mass of fluorometric material on each no-flow filter as 
Mno-flow.
    (7) Using 0.01 N NaOH, wash the surfaces of the added component or 
components which contact the aerosol flow. Determine the quantity of 
material collected using a calibrated fluorometer. Record the mass of 
fluorometric material collected in the wash as Mwash.
    (8) Calculate the aerosol transport as:
                               Equation 29
[GRAPHIC] [TIFF OMITTED] TR18JY97.091

where:

i = the active channel number.

    (9) Repeat paragraphs (f)(1) through (8) of this section for each 
channel, making each channel in turn the exclusive active channel.
    (g) Test results. The candidate Class I sampler passes the aerosol 
transport test if T(i) is at least 97 percent for each 
channel.

[62 FR 38799, July 18, 1997, as amended at 71 FR 61293, Oct. 17, 2006]



Sec. Table E-1 to Subpart E of Part 53--Summary of Test Requirements for 
 Reference and Class I Equivalent Methods for PM 2.5 and PM 
                            10-2.5

----------------------------------------------------------------------------------------------------------------
                                                          Performance                          Part 50, appendix
       Subpart E procedure         Performance test      specification      Test conditions       L reference
----------------------------------------------------------------------------------------------------------------
Sec.  53.52 Sample leak check     Sampler leak check  External leakage:   Controlled leak     Sec. 7.4.6.
 test.                             facility.           80 mL/min, max.     flow rate of 80
                                                      Internal leakage:    mL/min.
                                                       80 mL/min, max.
----------------------------------------------------------------------------------------------------------------
Sec.  53.53 Base flow rate test.  Sample flow rate..  1. 16.67 5%, L/    (a) 6-hour normal   Sec. 7.4.1.
                                  1. Mean...........   min.                operational test   Sec. 7.4.2.
                                  2. Regulation.....  2. 2%, max........   plus flow rate     Sec. 7.4.3.
                                  3. Meas accuracy..  3. 2%, max........   cut-off test.      Sec. 7.4.4.
                                  4. CV accuracy....  4. 0.3% max.......  (b) Normal          Sec. 7.4.5.
                                  5. Cut-off........  5. Flow rate cut-    conditions.
                                                       off if flow rate   (c) Additional 55
                                                       deviates more       mm Hg pressure
                                                       than 10% from       drop to simulate
                                                       design flow rate    loaded filter.
                                                       for >60 30        (d) Variable flow
                                                       seconds.            restriction used
                                                                           for cut-off test.
Sec.  53.54 Power interruption    Sample flow rate..  1. 16.67 5%, L/    (a) 6-hour normal   Sec. 7.4.1.
 test.                            1. Mean...........   min.                operational test.  Sec. 7.4.2.
                                  2. Regulation.....  2. 2%, max........  (b) Nominal         Sec. 7.4.3.
                                  3. Meas. accuracy.  3. 2%, max........   conditions.        Sec. 7.4.5.
                                  4. CV accuracy....  4. 0.3% max.......  (c) Additional 55   Sec. 7.4.12.
                                  5. Occurrence time  5. 2 min if >60     mm Hg pressure     Sec. 7.4.13.
                                   of power            seconds..           drop to simulate   Sec. 7.4.15.4.
                                   interruptions.     6. 20 seconds....   loaded filter.     Sec. 7.4.15.5.
                                  6. Elapsed sample   7. 2%, max.......  (d) 6 power
                                   time.                                   interruptions of
                                  7. Sample volume..                       various durations.
----------------------------------------------------------------------------------------------------------------
Sec.  53.55 Temperature and line  Sample flow rate..  1. 16.67 5%, L/    (a) 6-hour normal   Sec. 7.4.1.
 voltage test.                    1. Mean...........   min.                operational test.  Sec. 7.4.2.
                                  2. Regulation.....  2. 2%, max........  (b) Normal          Sec. 7.4.3.
                                  3. Meas. accuracy.  3. 2%, max........   conditions.        Sec. 7.4.5.
                                  4. CV accuracy....  4. 0.3% max.......  (c) Additional 55   Sec. 7.4.8.
                                  5. Temperature      5. 2 C............   mm Hg pressure     Sec. 7.4.15.1.
                                   meas. accuracy.                         drop to simulate
                                  6. Proper                                loaded filter.
                                   operation..                            (d) Ambient
                                                                           temperature at
                                                                           ^20 and + 40 C.
                                                                          (e) Line voltage:
                                                                           105 Vac to 125
                                                                           Vac.
----------------------------------------------------------------------------------------------------------------
Sec.  53.56 Barometric pressure   Sample flow rate..  1. 16.67 5%, L/    (a) 6-hour normal   Sec. 7.4.1.
 effect test.                     1. Mean...........   p;min.              operational test.  Sec. 7.4.2.
                                  2. Regulation.....  2. 2%, max........  (b) Normal          Sec. 7.4.3.
                                  3. Meas. accuracy.  3. 2%, max........   conditions.        Sec. 7.4.5.
                                  4. CV accuracy....  4. 0.3% max.......  (c) Additional 55   Sec. 7.4.9.
                                  5. Pressure meas.   5. 10 mm Hg.......   mm Hg pressure
                                   accuracy.                               drop to simulate
                                  6. Proper                                loaded filter.
                                   operation..                            (d) Barometric
                                                                           pressure at 600
                                                                           and 800 mm Hg.
----------------------------------------------------------------------------------------------------------------

[[Page 89]]

 
Sec.  53.57 Filter temperature    1. Filter temp.     1. 2 C............  (a) 4-hour          Sec. 7.4.8.
 control test.                     meas. accuracy.    2. 2 C............   simulated solar    Sec. 7.4.10.
                                  2. Ambient temp.    3. Not more than 5   radiation,         Sec. 7.4.11.
                                   meas. accuracy.     C above ambient     sampling.
                                  3. Filter temp.      temp. for more     (b) 4-hour
                                   control accuracy,   than 30 min.        simulated solar
                                   sampling and non-                       radiation, non-
                                   sampling.                               sampling.
                                                                          (c) Solar flux of
                                                                           1000 50 W/m 2.
----------------------------------------------------------------------------------------------------------------
Sec.  53.58 Field precision test  1. Measurement      1. Pj <2 mg/m 3 or  (a) 3 collocated    Sec. 5.1.
                                   precision.          RPj <5%.            samplers at 1      Sec. 7.3.5.
                                  2. Storage          2. 50 mg max.        site for at least  Sec. 8.
                                   deposition test     average weight      10 days.           Sec. 9.
                                   for sequential      gain/blank filter. (b) PM 2.5 conc.    Sec. 10.
                                   samplers.                               >3 mg/m 3.
                                                                          (c) 24- or 48-hour
                                                                           samples.
                                                                          (d) 5- or 10-day
                                                                           storage period
                                                                           for inactive
                                                                           stored filters.
----------------------------------------------------------------------------------------------------------------
              The Following Requirement Is Applicable to Class I Candidate Equivalent Methods Only
----------------------------------------------------------------------------------------------------------------
Sec.  53.59 Aerosol transport     Aerosol transport.  97%, min. for all   Determine aerosol
 test.                                                 channels..          transport through
                                                                           any new or
                                                                           modified
                                                                           components with
                                                                           respect to the
                                                                           reference method
                                                                           sampler before
                                                                           the filter for
                                                                           each channel.
----------------------------------------------------------------------------------------------------------------


[72 FR 32208, June 12, 2007]



Sec. Table E-2 to Subpart E of Part 53--Spectral Energy Distribution and 
           Permitted Tolerance for Conducting Radiative Tests

------------------------------------------------------------------------
                                       Spectral Region
  Characteristic   -----------------------------------------------------
                        Ultraviolet         Visible          Infrared
------------------------------------------------------------------------
Bandwidth (mm)      0.28 to 0.32        0.40 to 0.78     0.78 to 3.00
                     0.32 to 0.40
Irradiance (W/      5                   450 to 550       439
 m\2\)                  56
Allowed Tolerance   35%                10%             10%
                     25%
------------------------------------------------------------------------


[62 FR 38799, July 18, 1997; 63 FR 7714, Feb. 17, 1998]



 Sec. Figure E-1 to Subpart E of Part 53--Designation Testing Checklist

                      DESIGNATION TESTING CHECKLIST

                    __________      __________      __________
                          Auditee            Auditor signature            
    Date

------------------------------------------------------------------------
 Compliance Status:    Y = Yes    N = No    NA = Not
               applicable/Not available                   Verification
------------------------------------------------------      Comments
    Verification      Verified by Direct Observation       (Includes
--------------------    of Process or of Documented     documentation of
                     Evidence: Performance, Design or  who, what, where,
                      Application Spec. Corresponding   when, why) (Doc.
  Y      N      NA   to Sections of 40 CFR Part 53 or   #, Rev. #, Rev.
                        40 CFR Part 50, Appendix L           Date)
------------------------------------------------------------------------
                     Performance Specification Tests
                     Sample flow rate coefficient of
                      variation (Sec.  53.53) (L-
                      7.4.3)
------------------------------------------------------------------------
                     Filter temperature control
                      (sampling) (Sec.  53.57) (L-
                      7.4.10)
------------------------------------------------------------------------
                     Elapsed sample time accuracy
                      (Sec.  53.54) (L-7.4.13)
------------------------------------------------------------------------
                     Filter temperature control (post
                      sampling) (Sec.  53.57) (L-
                      7.4.10)
------------------------------------------------------------------------
                     Application Specification Tests
------------------------------------------------------------------------
                     Field Precision (Sec.  53.58) (L-
                      5.1)
------------------------------------------------------------------------

[[Page 90]]

 
                     Meets all Appendix L
                      requirements (part 53, subpart
                      A, Sec.  53.2(a)(3)) (part 53,
                      subpart E, Sec.  53.51(a),(d))
------------------------------------------------------------------------
                     Filter Weighing (L-8)
------------------------------------------------------------------------
                     Field Sampling Procedure (Sec.
                      53.30, .31, .34)
------------------------------------------------------------------------
                     Design Specification Tests
------------------------------------------------------------------------
                     Filter (L-6)
------------------------------------------------------------------------
                     Range of Operational Conditions
                      (L-7.4.7)
------------------------------------------------------------------------
 
  The Following Requirements Apply Only to Class I Candidate Equivalent
                                 Methods
------------------------------------------------------------------------
 
                     Aerosol Transport (Sec.  53.59)
------------------------------------------------------------------------



           Sec. Appendix A to Subpart E of Part 53--References

    (1) American National Standard Quality Systems--Model for Quality 
Assurance in Design, Development, Production, Installation, and 
Servicing, ANSI/ISO/ASQC Q9001-1994. Available from American Society for 
Quality, P.O. Box 3005, Milwaukee, WI 53202 (http://
qualitypress.asq.org).
    (2) American National Standard Quality Systems for Environmental 
Data and Technology Programs--Requirements with guidance for use, ANSI/
ASQC E4-2004. Available from American Society for Quality, P.O. Box 
3005, Milwaukee, WI 53202 (http://qualitypress.asq.org).
    (3) Quality Assurance Guidance Document 2.12. Monitoring PM 
2.5 in Ambient Air Using Designated Reference or Class I 
Equivalent Methods. U.S. EPA, National Exposure Research Laboratory, 
Research Triangle Park, NC, November 1998 or later edition. Currently 
available at http://www.epa.gov/ttn/amtic/pmqainf.html.
    (4) Military standard specification (mil. spec.) 8625F, Type II, 
Class 1 as listed in Department of Defense Index of Specifications and 
Standards (DODISS), available from DODSSP-Customer Service, 
Standardization Documents Order Desk, 700 Robbins Avenue, Building 4D, 
Philadelphia, PA 1911-5094.
    (5) Quality Assurance Handbook for Air Pollution Measurement 
Systems, Volume IV: Meteorological Measurements. Revised March, 1995. 
EPA-600/R-94-038d. Available from National Technical Information 
Service, Springfield, VA 22161, (800-553-6847, http://www.ntis.gov). 
NTIS number PB95-199782INZ.
    (6) Military standard specification (mil. spec.) 810-E as listed in 
Department of Defense Index of Specifications and Standards (DODISS), 
available from DODSSP-Customer Service, Standardization Documents Order 
Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 1911-5094.

[62 FR 38799, July 18, 1997, as amended at 71 FR 61295, Oct. 17, 2006]



Subpart F_Procedures for Testing Performance Characteristics of Class II 
                      Equivalent Methods for PM 2.5

    Source: 62 FR 38814, July 18, 1997, unless otherwise noted.



Sec. 53.60  General provisions.

    (a) This subpart sets forth the specific requirements that a PM 
2.5 sampler associated with a candidate Class II equivalent 
method must meet to be designated as an equivalent method for PM 
2.5. This subpart also sets forth the explicit test 
procedures that must be carried out and the test results, evidence, 
documentation, and other materials that must be provided to EPA to 
demonstrate that a sampler meets all specified requirements for 
designation as an equivalent method.
    (b) A candidate method described in an application for a FRM or FEM 
determination submitted under Sec. 53.4 shall be determined by the EPA 
to be a Class II candidate equivalent method on the basis of the 
definition of a Class II FEM in Sec. 53.1.
    (c) Any sampler associated with a Class II candidate equivalent 
method (Class II sampler) must meet all applicable requirements for FRM 
samplers

[[Page 91]]

or Class I FEM samplers specified in subpart E of this part, as 
appropriate. Except as provided in Sec. 53.3(a)(3), a Class II PM 
2.5 sampler must meet the additional requirements as 
specified in paragraph (d) of this section.
    (d) Except as provided in paragraphs (d)(1), (2), and (3) of this 
section, all Class II samplers are subject to the additional tests and 
performance requirements specified in Sec. 53.62 (full wind tunnel 
test), Sec. 53.65 (loading test), and Sec. 53.66 (volatility test). 
Alternative tests and performance requirements, as described in 
paragraphs (d)(1), (2), and (3) of this section, are optionally 
available for certain Class II samplers which meet the requirements for 
reference method or Class I equivalent method samplers given in 40 CFR 
part 50, appendix L, and in subpart E of this part, except for specific 
deviations of the inlet, fractionator, or filter.
    (1) Inlet deviation. A sampler which has been determined to be a 
Class II sampler solely because the design or construction of its inlet 
deviates from the design or construction of the inlet specified in 40 
CFR part 50, appendix L, for reference method samplers shall not be 
subject to the requirements of Sec. 53.62 (full wind tunnel test), 
provided that it meets all requirements of Sec. 53.63 (wind tunnel inlet 
aspiration test), Sec. 53.65 (loading test), and Sec. 53.66 (volatility 
test).
    (2) Fractionator deviation. A sampler which has been determined to 
be a Class II sampler solely because the design or construction of its 
particle size fractionator deviates from the design or construction of 
the particle size fractionator specified in 40 CFR part 50, appendix L 
for reference method samplers shall not be subject to the requirements 
of Sec. 53.62 (full wind tunnel test), provided that it meets all 
requirements of Sec. 53.64 (static fractionator test), Sec. 53.65 
(loading test), and Sec. 53.66 (volatility test).
    (3) Filter size deviation. A sampler which has been determined to be 
a Class II sampler solely because its effective filtration area deviates 
from that of the reference method filter specified in 40 CFR part 50, 
appendix L, for reference method samplers shall not be subject to the 
requirements of Sec. 53.62 (full wind tunnel test) nor Sec. 53.65 
(loading test), provided it meets all requirements of Sec. 53.66 
(volatility test).
    (e) The test specifications and acceptance criteria for each test 
are summarized in table F-1 of this subpart. The candidate sampler must 
demonstrate performance that meets the acceptance criteria for each 
applicable test to be designated as an equivalent method.
    (f) Overview of various test procedures for Class II samplers--(1) 
Full wind tunnel test. This test procedure is designed to ensure that 
the candidate sampler's effectiveness (aspiration of an ambient aerosol 
and penetration of the sub 2.5-micron fraction to its sample filter) 
will be comparable to that of a reference method sampler. The candidate 
sampler is challenged at wind speeds of 2 and 24 km/hr with monodisperse 
aerosols of the size specified in table F-2 of this subpart. The 
experimental test results are then integrated with three idealized 
ambient distributions (typical, fine, and coarse) to yield the expected 
mass concentration measurement for each. The acceptance criteria are 
based on the results of this numerical analysis and the particle 
diameter for which the sampler effectiveness is 50 percent.
    (2) Wind tunnel inlet aspiration test. The wind tunnel inlet 
aspiration test directly compares the inlet of the candidate sampler to 
the inlet of a reference method sampler with the single-sized, liquid, 
monodisperse challenge aerosol specified in table F-2 of this subpart at 
wind speeds of 2 km/hr and 24 km/hr. The acceptance criteria, presented 
in table F-1 of this subpart, is based on the relative aspiration 
between the candidate inlet and the reference method inlet.
    (3) Static fractionator test. The static fractionator test 
determines the effectiveness of the candidate sampler's 2.5-micron 
fractionator under static conditions for aerosols of the size specified 
in table F-2 of this subpart. The numerical analysis procedures and 
acceptance criteria are identical to those in the full wind tunnel test.
    (4) Loading test. The loading test is conducted to ensure that the 
performance of a candidate sampler is not significantly affected by the 
amount of particulate deposited on its interior surfaces between 
periodic cleanings.

[[Page 92]]

The candidate sampler is artificially loaded by sampling a test 
environment containing aerosolized, standard test dust. The duration of 
the loading phase is dependent on both the time between cleaning as 
specified by the candidate method and the aerosol mass concentration in 
the test environment. After loading, the candidate's performance must 
then be evaluated by Sec. 53.62 (full wind tunnel evaluation), 
Sec. 53.63 (wind tunnel inlet aspiration test), or Sec. 53.64 (static 
fractionator test). If the results of the appropriate test meet the 
criteria presented in table F-1 of this subpart, then the candidate 
sampler passes the loading test under the condition that it be cleaned 
at least as often as the cleaning frequency proposed by the candidate 
method and that has been demonstrated to be acceptable by this test.
    (5) Volatility test. The volatility test challenges the candidate 
sampler with a polydisperse, semi-volatile liquid aerosol. This aerosol 
is simultaneously sampled by the candidate method sampler and a 
reference method sampler for a specified time period. Clean air is then 
passed through the samplers during a blow-off time period. Residual mass 
is then calculated as the weight of the filter after the blow-off phase 
is subtracted from the initial weight of the filter. Acceptance criteria 
are based on a comparison of the residual mass measured by the candidate 
sampler (corrected for flow rate variations from that of the reference 
method) to the residual mass measured by the reference method sampler 
for several specified clean air sampling time periods.
    (g) Test data. All test data and other documentation obtained from 
or pertinent to these tests shall be identified, dated, signed by the 
analyst performing the test, and submitted to EPA as part of the 
equivalent method application. Schematic drawings of each particle 
delivery system and other information showing complete procedural 
details of the test atmosphere generation, verification, and delivery 
techniques for each test performed shall be submitted to EPA. All 
pertinent calculations shall be clearly presented. In addition, 
manufacturers are required to submit as part of the application, a 
Designation Testing Checklist (Figure F-1 of this subpart) which has 
been completed and signed by an ISO-certified auditor.

[62 FR 38814, July 18, 1997, as amended at 71 FR 61295, Oct. 17, 2006]



Sec. 53.61  Test conditions.

    (a) Sampler surface preparation. Internal surfaces of the candidate 
sampler shall be cleaned and dried prior to performing any Class II 
sampler test in this subpart. The internal collection surfaces of the 
sampler shall then be prepared in strict accordance with the operating 
instructions specified in the sampler's operating manual referred to in 
section 7.4.18 of 40 CFR part 50, appendix L.
    (b) Sampler setup. Set up and start up of all test samplers shall be 
in strict accordance with the operating instructions specified in the 
manual referred to in section 7.4.18 of 40 CFR part 50, appendix L, 
unless otherwise specified within this subpart.
    (c) Sampler adjustments. Once the test sampler or samplers have been 
set up and the performance tests started, manual adjustment shall be 
permitted only between test points for all applicable tests. Manual 
adjustments and any periodic maintenance shall be limited to only those 
procedures prescribed in the manual referred to in section 7.4.18 of 40 
CFR part 50, appendix L. The submitted records shall clearly indicate 
when any manual adjustment or periodic maintenance was made and shall 
describe the operations performed.
    (d) Sampler malfunctions. If a test sampler malfunctions during any 
of the applicable tests, that test run shall be repeated. A detailed 
explanation of all malfunctions and the remedial actions taken shall be 
submitted as part of the equivalent method application.
    (e) Particle concentration measurements. All measurements of 
particle concentration must be made such that the relative error in 
measurement is less than 5.0 percent. Relative error is defined as (s  
100 percent)/(X), where s is the sample standard deviation of the 
particle concentration detector, X is the measured concentration, and 
the units of s and X are identical.

[[Page 93]]

    (f) Operation of test measurement equipment. All test measurement 
equipment shall be set up, calibrated, and maintained by qualified 
personnel according to the manufacturer's instructions. All appropriate 
calibration information and manuals for this equipment shall be kept on 
file.
    (g) Vibrating orifice aerosol generator conventions. This section 
prescribes conventions regarding the use of the vibrating orifice 
aerosol generator (VOAG) for the size-selective performance tests 
outlined in Secs. 53.62, 53.63, 53.64, and 53.65.
    (1) Particle aerodynamic diameter. The VOAG produces near-
monodisperse droplets through the controlled breakup of a liquid jet. 
When the liquid solution consists of a non-volatile solute dissolved in 
a volatile solvent, the droplets dry to form particles of near-
monodisperse size.
    (i) The physical diameter of a generated spherical particle can be 
calculated from the operating parameters of the VOAG as:
                               Equation 1
[GRAPHIC] [TIFF OMITTED] TR18JY97.094

where:

Dp = particle physical diameter, mm;
Q = liquid volumetric flow rate, mm\3\/sec;
Cvol = volume concentration (particle volume produced per 
          drop volume), dimensionless; and
f = frequency of applied vibrational signal, 1/sec.

    (ii) A given particle's aerodynamic behavior is a function of its 
physical particle size, particle shape, and density. Aerodynamic 
diameter is defined as the diameter of a unit density (ro = 
1g/cm\3\) sphere having the same settling velocity as the particle under 
consideration. For converting a spherical particle of known density to 
aerodynamic diameter, the governing relationship is:
                               Equation 2
[GRAPHIC] [TIFF OMITTED] TR18JY97.095

where:

Dae = particle aerodynamic diameter, mm;
rp = particle density, g/cm\3\;
ro = aerodynamic particle density = 1 g/cm\3\;
CDp = Cunningham's slip correction factor for physical 
          particle diameter, dimensionless; and
CDae = Cunningham's slip correction factor for aerodynamic 
          particle diameter, dimensionless.

    (iii) At room temperature and standard pressure, the Cunningham's 
slip correction factor is solely a function of particle diameter:
                               Equation 3
[GRAPHIC] [TIFF OMITTED] TR18JY97.096


or
                               Equation 4
[GRAPHIC] [TIFF OMITTED] TR18JY97.097

    (iv) Since the slip correction factor is itself a function of 
particle diameter, the aerodynamic diameter in equation 2 of paragraph 
(g)(1)(ii) of this section cannot be solved directly but must be 
determined by iteration.
    (2) Solid particle generation. (i) Solid particle tests performed in 
this subpart shall be conducted using particles composed of ammonium 
fluorescein. For use in the VOAG, liquid solutions of known volumetric 
concentration can be prepared by diluting fluorescein powder 
(C20H12O5, FW = 332.31, CAS 2321-07-5) 
with aqueous ammonia. Guidelines for preparation of fluorescein 
solutions of the desired volume concentration (Cvol) are 
presented by Vanderpool and Rubow (1988) (Reference 2 in appendix A of 
this subpart). For purposes of converting particle physical diameter to 
aerodynamic diameter, an ammonium fluorescein density of 1.35 g/cm\3\ 
shall be used.

[[Page 94]]

    (ii) Mass deposits of ammonium fluorescein shall be extracted and 
analyzed using solutions of 0.01 N ammonium hydroxide.
    (3) Liquid particle generation. (i) Tests prescribed in Sec. 53.63 
for inlet aspiration require the use of liquid particle tests composed 
of oleic acid tagged with uranine to enable subsequent fluorometric 
quantitation of collected aerosol mass deposits. Oleic acid 
(C18H34O2, FW = 282.47, CAS 112-80-1) 
has a density of 0.8935 g/cm\3\. Because the viscosity of oleic acid is 
relatively high, significant errors can occur when dispensing oleic acid 
using volumetric pipettes. For this reason, it is recommended that oleic 
acid solutions be prepared by quantifying dispensed oleic acid 
gravimetrically. The volume of oleic acid dispensed can then be 
calculated simply by dividing the dispensed mass by the oleic acid 
density.
    (ii) Oleic acid solutions tagged with uranine shall be prepared as 
follows. A known mass of oleic acid shall first be diluted using 
absolute ethanol. The desired mass of the uranine tag should then be 
diluted in a separate container using absolute ethanol. Uranine 
(C20H10O5Na2, FW = 376.3, 
CAS 518-47-8) is the disodium salt of fluorescein and has a density of 
1.53 g/cm\3\. In preparing uranine tagged oleic acid particles, the 
uranine content shall not exceed 20 percent on a mass basis. Once both 
oleic acid and uranine solutions are properly prepared, they can then be 
combined and diluted to final volume using absolute ethanol.
    (iii) Calculation of the physical diameter of the particles produced 
by the VOAG requires knowledge of the liquid solution's volume 
concentration (Cvol). Because uranine is essentially 
insoluble in oleic acid, the total particle volume is the sum of the 
oleic acid volume and the uranine volume. The volume concentration of 
the liquid solution shall be calculated as:
                               Equation 5
[GRAPHIC] [TIFF OMITTED] TR18JY97.098

where:

Vu = uranine volume, ml;
Voleic = oleic acid volume, ml;
Vsol = total solution volume, ml;
Mu = uranine mass, g;
ru = uranine density, g/cm\3\;
Moleic = oleic acid mass, g; and
roleic = oleic acid density, g/cm. \3\

    (iv) For purposes of converting the particles' physical diameter to 
aerodynamic diameter, the density of the generated particles shall be 
calculated as:
                               Equation 6
[GRAPHIC] [TIFF OMITTED] TR18JY97.099

    (v) Mass deposits of oleic acid shall be extracted and analyzed 
using solutions of 0.01 N sodium hydroxide.

[62 FR 38814, July 18, 1997; 63 FR 7714, Feb. 17, 1998]



Sec. 53.62  Test procedure: Full wind tunnel test.

    (a) Overview. The full wind tunnel test evaluates the effectiveness 
of the candidate sampler at 2 km/hr and 24 km/hr for aerosols of the 
size specified in table F-2 of this subpart (under the heading, ``Full 
Wind Tunnel Test''). For each wind speed, a smooth curve is fit to the 
effectiveness data and corrected for the presence of multiplets in the 
wind tunnel calibration aerosol. The cutpoint diameter (Dp50) 
at each wind speed is then determined from the corrected effectiveness 
curves. The two resultant penetration curves are then each numerically 
integrated with three idealized ambient particle size distributions to 
provide six estimates of measured mass concentration. Critical 
parameters for these idealized distributions are presented in table F-3 
of this subpart.
    (b) Technical definitions. Effectiveness is the ratio (expressed as 
a percentage) of the mass concentration of particles of a specific size 
reaching the sampler filter or filters to the mass concentration of 
particles of the same size approaching the sampler.
    (c) Facilities and equipment required--(1) Wind tunnel. The particle 
delivery system shall consist of a blower system and a wind tunnel 
having a test section of sufficiently large cross-sectional

[[Page 95]]

area such that the test sampler, or portion thereof, as installed in the 
test section for testing, blocks no more than 15 percent of the test 
section area. The wind tunnel blower system must be capable of 
maintaining uniform wind speeds at the 2 km/hr and 24 km/hr in the test 
section.
    (2) Aerosol generation system. A vibrating orifice aerosol generator 
shall be used to produce monodisperse solid particles of ammonium 
fluorescein with equivalent aerodynamic diameters as specified in table 
F-2 of this subpart. The geometric standard deviation for each particle 
size generated shall not exceed 1.1 (for primary particles) and the 
proportion of multiplets (doublets and triplets) in all test particle 
atmosphere shall not exceed 10 percent of the particle population. The 
aerodynamic particle diameter, as established by the operating 
parameters of the vibrating orifice aerosol generator, shall be within 
the tolerance specified in table F-2 of this subpart.
    (3) Particle size verification equipment. The size of the test 
particles shall be verified during this test by use of a suitable 
instrument (e.g., scanning electron microscope, optical particle sizer, 
time-of-flight apparatus). The instrument must be capable of measuring 
solid and liquid test particles with a size resolution of 0.1 mm or 
less. The accuracy of the particle size verification technique shall be 
0.15 mm or better.
    (4) Wind speed measurement. The wind speed in the wind tunnel shall 
be determined during the tests using an appropriate technique capable of 
a precision of 2 percent and an accuracy of 5 percent or better (e.g., 
hot-wire anemometry). For the wind speeds specified in table F-2 of this 
subpart, the wind speed shall be measured at a minimum of 12 test points 
in a cross-sectional area of the test section of the wind tunnel. The 
mean wind speed in the test section must be within 10 percent of the 
value specified in table F-2 of this subpart, and the variation at any 
test point in the test section may not exceed 10 percent of the measured 
mean.
    (5) Aerosol rake. The cross-sectional uniformity of the particle 
concentration in the sampling zone of the test section shall be 
established during the tests using an array of isokinetic samplers, 
referred to as a rake. Not less than five evenly spaced isokinetic 
samplers shall be used to determine the particle concentration spatial 
uniformity in the sampling zone. The sampling zone shall be a 
rectangular area having a horizontal dimension not less than 1.2 times 
the width of the test sampler at its inlet opening and a vertical 
dimension not less than 25 centimeters.
    (6) Total aerosol isokinetic sampler. After cross-sectional 
uniformity has been confirmed, a single isokinetic sampler may be used 
in place of the array of isokinetic samplers for the determination of 
particle mass concentration used in the calculation of sampling 
effectiveness of the test sampler in paragraph (d)(5) of this section. 
In this case, the array of isokinetic samplers must be used to 
demonstrate particle concentration uniformity prior to the replicate 
measurements of sampling effectiveness.
    (7) Fluorometer. A fluorometer used for quantifying extracted 
aerosol mass deposits shall be set up, maintained, and calibrated 
according to the manufacturer's instructions. A series of calibration 
standards shall be prepared to encompass the minimum and maximum 
concentrations measured during size-selective tests. Prior to each 
calibration and measurement, the fluorometer shall be zeroed using an 
aliquot of the same solvent used for extracting aerosol mass deposits.
    (8) Sampler flow rate measurements. All flow rate measurements used 
to calculate the test atmosphere concentrations and the test results 
must be accurate to within 2 percent, referenced to a NIST-traceable 
primary standard. Any necessary flow rate measurement corrections shall 
be clearly documented. All flow rate measurements shall be performed and 
reported in actual volumetric units.
    (d) Test procedures--(1) Establish and verify wind speed. (i) 
Establish a wind speed specified in table F-2 of this subpart.
    (ii) Measure the wind speed at a minimum of 12 test points in a 
cross-sectional area of the test section of the wind tunnel using a 
device as described in paragraph (c)(4) of this section.

[[Page 96]]

    (iii) Verify that the mean wind speed in the test section of the 
wind tunnel during the tests is within 10 percent of the value specified 
in table F-2 of this subpart. The wind speed measured at any test point 
in the test section shall not differ by more than 10 percent from the 
mean wind speed in the test section.
    (2) Generate aerosol. (i) Generate particles of a size specified in 
table F-2 of this subpart using a vibrating orifice aerosol generator.
    (ii) Check for the presence of satellites and adjust the generator 
as necessary.
    (iii) Calculate the physical particle size using the operating 
parameters of the vibrating orifice aerosol generator and record.
    (iv) Determine the particle's aerodynamic diameter from the 
calculated physical diameter and the known density of the generated 
particle. The calculated aerodynamic diameter must be within the 
tolerance specified in table F-2 of this subpart.
    (3) Introduce particles into the wind tunnel. Introduce the 
generated particles into the wind tunnel and allow the particle 
concentration to stabilize.
    (4) Verify the quality of the test aerosol. (i) Extract a 
representative sample of the aerosol from the sampling test zone and 
measure the size distribution of the collected particles using an 
appropriate sizing technique. If the measurement technique does not 
provide a direct measure of aerodynamic diameter, the geometric mean 
aerodynamic diameter of the challenge aerosol must be calculated using 
the known density of the particle and the measured mean physical 
diameter. The determined geometric mean aerodynamic diameter of the test 
aerosol must be within 0.15 mm of the aerodynamic diameter calculated 
from the operating parameters of the vibrating orifice aerosol 
generator. The geometric standard deviation of the primary particles 
must not exceed 1.1.
    (ii) Determine the population of multiplets in the collected sample. 
The multiplet population of the particle test atmosphere must not exceed 
10 percent of the total particle population.
    (5) Aerosol uniformity and concentration measurement. (i) Install an 
array of five or more evenly spaced isokinetic samplers in the sampling 
zone (paragraph (c)(5) of this section). Collect particles on 
appropriate filters over a time period such that the relative error of 
the measured particle concentration is less than 5.0 percent.
    (ii) Determine the quantity of material collected with each 
isokinetic sampler in the array using a calibrated fluorometer. 
Calculate and record the mass concentration for each isokinetic sampler 
as:
                               Equation 7
[GRAPHIC] [TIFF OMITTED] TR18JY97.100

where:

i = replicate number;
j = isokinetic sampler number;
Miso = mass of material collected with the isokinetic 
          sampler;
Q = isokinetic sampler volumetric flow rate; and
t = sampling time.

    (iii) Calculate and record the mean mass concentration as:
                               Equation 8
[GRAPHIC] [TIFF OMITTED] TR18JY97.101

where:

i = replicate number;
j = isokinetic sampler number; and
n = total number of isokinetic samplers.

    (iv) Precision calculation. (A) Calculate the coefficient of 
variation of the mass concentration measurements as:
                               Equation 9
[GRAPHIC] [TIFF OMITTED] TR18JY97.102

where:

i = replicate number;
j = isokinetic sampler number; and
n = total number of isokinetic samplers.


[[Page 97]]


    (B) If the value of CViso(i) for any replicate exceeds 10 
percent, the particle concentration uniformity is unacceptable and step 
5 must be repeated. If adjustment of the vibrating orifice aerosol 
generator or changes in the particle delivery system are necessary to 
achieve uniformity, steps 1 through 5 must be repeated. When an 
acceptable aerosol spatial uniformity is achieved, remove the array of 
isokinetic samplers from the wind tunnel.
    (6) Alternative measure of wind tunnel total concentration. If a 
single isokinetic sampler is used to determine the mean aerosol 
concentration in the wind tunnel, install the sampler in the wind tunnel 
with the sampler nozzle centered in the sampling zone (paragraph (c)(6) 
of this section).
    (i) Collect particles on an appropriate filter over a time period 
such that the relative error of the measured concentration is less than 
5.0 percent.
    (ii) Determine the quantity of material collected with the 
isokinetic sampler using a calibrated fluorometer.
    (iii) Calculate and record the mass concentration as 
Ciso(i) as in paragraph (d)(5)(ii) of this section.
    (iv) Remove the isokinetic sampler from the wind tunnel.
    (7) Measure the aerosol with the candidate sampler. (i) Install the 
test sampler (or portion thereof) in the wind tunnel with the sampler 
inlet opening centered in the sampling zone. To meet the maximum 
blockage limit of paragraph (c)(1) of this section or for convenience, 
part of the test sampler may be positioned external to the wind tunnel 
provided that neither the geometry of the sampler nor the length of any 
connecting tube or pipe is altered. Collect particles for a time period 
such that the relative error of the measured concentration is less than 
5.0 percent.
    (ii) Remove the test sampler from the wind tunnel.
    (iii) Determine the quantity of material collected with the test 
sampler using a calibrated fluorometer. Calculate and record the mass 
concentration for each replicate as:
                               Equation 10
[GRAPHIC] [TIFF OMITTED] TR18JY97.103

where:

i = replicate number;
Mcand = mass of material collected with the candidate 
          sampler;
Q = candidate sampler volumetric flow rate; and
t = sampling time.

    (iv)(A) Calculate and record the sampling effectiveness of the 
candidate sampler as:
                               Equation 11
[GRAPHIC] [TIFF OMITTED] TR18JY97.104

where:

i = replicate number.

    (B) If a single isokinetic sampler is used for the determination of 
particle mass concentration, replace Ciso(i) with 
Ciso.
    (8) Replicate measurements and calculation of mean sampling 
effectiveness. (i) Repeat steps in paragraphs (d)(5) through (d)(7) of 
this section, as appropriate, to obtain a minimum of three valid 
replicate measurements of sampling effectiveness.
    (ii) Calculate and record the average sampling effectiveness of the 
test sampler for the particle size as:
                               Equation 12
[GRAPHIC] [TIFF OMITTED] TR18JY97.105

where:

i = replicate number; and
n = number of replicates.

    (iii) Sampling effectiveness precision. (A) Calculate and record the 
coefficient of variation for the replicate sampling effectiveness 
measurements of the test sampler as:

[[Page 98]]

                               Equation 13
[GRAPHIC] [TIFF OMITTED] TR18JY97.106

where:

i = replicate number, and
n = number of replicates.

    (B) If the value of CVE exceeds 10 percent, the test run 
(steps in paragraphs (d)(2) through (d)(8) of this section) must be 
repeated until an acceptable value is obtained.
    (9) Repeat steps in paragraphs (d)(2) through (d)(8) of this section 
until the sampling effectiveness has been measured for all particle 
sizes specified in table F-2 of this subpart.
    (10) Repeat steps in paragraphs (d)(1) through (d)(9) of this 
section until tests have been successfully conducted for both wind 
speeds of 2 km/hr and 24 km/hr.
    (e) Calculations--(1) Graphical treatment of effectiveness data. For 
each wind speed given in table F-2 of this subpart, plot the particle 
average sampling effectiveness of the candidate sampler as a function of 
aerodynamic particle diameter (Dae) on semi-logarithmic graph 
paper where the aerodynamic particle diameter is the particle size 
established by the parameters of the VOAG in conjunction with the known 
particle density. Construct a best-fit, smooth curve through the data by 
extrapolating the sampling effectiveness curve through 100 percent at an 
aerodynamic particle size of 0.5 mm and 0 percent at an aerodynamic 
particle size of 10 mm. Correction for the presence of multiplets shall 
be performed using the techniques presented by Marple, et al (1987). 
This multiplet-corrected effectiveness curve shall be used for all 
remaining calculations in this paragraph (e).
    (2) Cutpoint determination. For each wind speed determine the 
sampler Dp50 cutpoint defined as the aerodynamic particle 
size corresponding to 50 percent effectiveness from the multiplet 
corrected smooth curve.
    (3) Expected mass concentration calculation. For each wind speed, 
calculate the estimated mass concentration measurement for the test 
sampler under each particle size distribution (Tables F-4, F-5, and F-6 
of this subpart) and compare it to the mass concentration predicted for 
the reference sampler as follows:
    (i) Determine the value of corrected effectiveness using the best-
fit, multiplet-corrected curve at each of the particle sizes specified 
in the first column of table F-4 of this subpart. Record each corrected 
effectiveness value as a decimal between 0 and 1 in column 2 of table F-
4 of this subpart.
    (ii) Calculate the interval estimated mass concentration measurement 
by multiplying the values of corrected effectiveness in column 2 by the 
interval mass concentration values in column 3 and enter the products in 
column 4 of table F-4 of this subpart.
    (iii) Calculate the estimated mass concentration measurement by 
summing the values in column 4 and entering the total as the estimated 
mass concentration measurement for the test sampler at the bottom of 
column 4 of table F-4 of this subpart.
    (iv) Calculate the estimated mass concentration ratio between the 
candidate method and the reference method as:
                               Equation 14
[GRAPHIC] [TIFF OMITTED] TR18JY97.107

where:

Ccand(est) = estimated mass concentration measurement for the 
          test sampler, mg/m\3\; and
Cref(est) = estimated mass concentration measurement for the 
          reference sampler, mg/m\3\ (calculated for the reference 
          sampler and specified at the bottom of column 7 of table F-4 
          of this subpart).

    (v) Repeat steps in paragraphs (e) (1) through (e)(3) of this 
section for tables F-5 and F-6 of this subpart.
    (f) Evaluation of test results. The candidate method passes the wind 
tunnel effectiveness test if the Rc value for each wind speed 
meets the specification in table F-1 of this subpart for each of the 
three particle size distributions.

[[Page 99]]



Sec. 53.63  Test procedure: Wind tunnel inlet aspiration test.

    (a) Overview. This test applies to a candidate sampler which differs 
from the reference method sampler only with respect to the design of the 
inlet. The purpose of this test is to ensure that the aspiration of a 
Class II candidate sampler is such that it representatively extracts an 
ambient aerosol at elevated wind speeds. This wind tunnel test uses a 
single-sized, liquid aerosol in conjunction with wind speeds of 2 km/hr 
and 24 km/hr. The test atmosphere concentration is alternately measured 
with the candidate sampler and a reference method device, both of which 
are operated without the 2.5-micron fractionation device installed. The 
test conditions are summarized in table F-2 of this subpart (under the 
heading of ``wind tunnel inlet aspiration test''). The candidate sampler 
must meet or exceed the acceptance criteria given in table F-1 of this 
subpart.
    (b) Technical definition. Relative aspiration is the ratio 
(expressed as a percentage) of the aerosol mass concentration measured 
by the candidate sampler to that measured by a reference method sampler.
    (c) Facilities and equipment required. The facilities and equipment 
are identical to those required for the full wind tunnel test 
(Sec. 53.62(c)).
    (d) Setup. The candidate and reference method samplers shall be 
operated with the PM 2.5 fractionation device removed from 
the flow path throughout this entire test procedure. Modifications to 
accommodate this requirement shall be limited to removal of the 
fractionator and insertion of the filter holder directly into the 
downtube of the inlet.
    (e) Test procedure--(1) Establish the wind tunnel test atmosphere. 
Follow the procedures in Sec. 53.62(d)(1) through (d)(4) to establish a 
test atmosphere for one of the two wind speeds specified in table F-2 of 
this subpart.
    (2) Measure the aerosol concentration with the reference sampler. 
(i) Install the reference sampler (or portion thereof) in the wind 
tunnel with the sampler inlet opening centered in the sampling zone. To 
meet the maximum blockage limit of Sec. 53.62(c)(1) or for convenience, 
part of the test sampler may be positioned external to the wind tunnel 
provided that neither the geometry of the sampler nor the length of any 
connecting tube or pipe is altered. Collect particles for a time period 
such that the relative error of the measured concentration is less than 
5.0 percent.
    (ii) Determine the quantity of material collected with the reference 
method sampler using a calibrated fluorometer. Calculate and record the 
mass concentration as:
                               Equation 15
[GRAPHIC] [TIFF OMITTED] TR18JY97.108

where:

i = replicate number;
Mref = mass of material collected with the reference method 
          sampler;
Q = reference method sampler volumetric flow rate; and
t = sampling time.

    (iii) Remove the reference method sampler from the tunnel.
    (3) Measure the aerosol concentration with the candidate sampler. 
(i) Install the candidate sampler (or portion thereof) in the wind 
tunnel with the sampler inlet centered in the sampling zone. To meet the 
maximum blockage limit of Sec. 53.62(c)(1) or for convenience, part of 
the test sampler may be positioned external to the wind tunnel provided 
that neither the geometry of the sampler nor the length of any 
connecting tube or pipe is altered. Collect particles for a time period 
such that the relative error of the measured concentration is less than 
5.0 percent.
    (ii) Determine the quantity of material collected with the candidate 
sampler using a calibrated fluorometer. Calculate and record the mass 
concentration as:
                               Equation 16
[GRAPHIC] [TIFF OMITTED] TR18JY97.109

where:

i = replicate number;
Mcand = mass of material collected with the candidate 
          sampler;

[[Page 100]]

Q = candidate sampler volumetric flow rate; and
t = sampling time.

    (iii) Remove the candidate sampler from the wind tunnel.
    (4) Repeat steps in paragraphs (d) (2) and (d)(3) of this section. 
Alternately measure the tunnel concentration with the reference sampler 
and the candidate sampler until four reference sampler and three 
candidate sampler measurements of the wind tunnel concentration are 
obtained.
    (5) Calculations. (i) Calculate and record aspiration ratio for each 
candidate sampler run as:
                               Equation 17
[GRAPHIC] [TIFF OMITTED] TR18JY97.110

where:

i = replicate number.

    (ii) Calculate and record the mean aspiration ratio as:
                               Equation 18
[GRAPHIC] [TIFF OMITTED] TR18JY97.111

where:

i = replicate number; and
n = total number of measurements of aspiration ratio.

    (iii) Precision of the aspiration ratio. (A) Calculate and record 
the precision of the aspiration ratio measurements as the coefficient of 
variation as:
                               Equation 19
[GRAPHIC] [TIFF OMITTED] TR18JY97.112

where:

i = replicate number; and
n = total number of measurements of aspiration ratio.

    (B) If the value of CVA exceeds 10 percent, the entire 
test procedure must be repeated.
    (f) Evaluation of test results. The candidate method passes the 
inlet aspiration test if all values of A meet the acceptance criteria 
specified in table F-1 of this subpart.



Sec. 53.64  Test procedure: Static fractionator test.

    (a) Overview. This test applies only to those candidate methods in 
which the sole deviation from the reference method is in the design of 
the 2.5-micron fractionation device. The purpose of this test is to 
ensure that the fractionation characteristics of the candidate 
fractionator are acceptably similar to that of the reference method 
sampler. It is recognized that various methodologies exist for 
quantifying fractionator effectiveness. The following commonly-employed 
techniques are provided for purposes of guidance. Other methodologies 
for determining sampler effectiveness may be used contingent upon prior 
approval by the Agency.
    (1) Wash-off method. Effectiveness is determined by measuring the 
aerosol mass deposited on the candidate sampler's after filter versus 
the aerosol mass deposited in the fractionator. The material deposited 
in the fractionator is recovered by washing its internal surfaces. For 
these wash-off tests, a fluorometer must be used to quantitate the 
aerosol concentration. Note that if this technique is chosen, the 
candidate must be reloaded with coarse aerosol prior to each test point 
when reevaluating the curve as specified in the loading test.
    (2) Static chamber method. Effectiveness is determined by measuring 
the aerosol mass concentration sampled by the candidate sampler's after 
filter versus that which exists in a static chamber. A calibrated 
fluorometer shall be used to quantify the collected aerosol deposits. 
The aerosol concentration is calculated as the measured aerosol mass 
divided by the sampled air volume.
    (3) Divided flow method. Effectiveness is determined by comparing 
the aerosol concentration upstream of the candidate sampler's 
fractionator versus

[[Page 101]]

that concentration which exists downstream of the candidate 
fractionator. These tests may utilize either fluorometry or a real-time 
aerosol measuring device to determine the aerosol concentration.
    (b) Technical definition. Effectiveness under static conditions is 
the ratio (expressed as a percentage) of the mass concentration of 
particles of a given size reaching the sampler filter to the mass 
concentration of particles of the same size existing in the test 
atmosphere.
    (c) Facilities and equipment required--(1) Aerosol generation. 
Methods for generating aerosols shall be identical to those prescribed 
in Sec. 53.62(c)(2).
    (2) Particle delivery system. Acceptable apparatus for delivering 
the generated aerosols to the candidate fractionator is dependent on the 
effectiveness measurement methodology and shall be defined as follows:
    (i) Wash-off test apparatus. The aerosol may be delivered to the 
candidate fractionator through direct piping (with or without an in-line 
mixing chamber). Validation particle size and quality shall be conducted 
at a point directly upstream of the fractionator.
    (ii) Static chamber test apparatus. The aerosol shall be introduced 
into a chamber and sufficiently mixed such that the aerosol 
concentration within the chamber is spatially uniform. The chamber must 
be of sufficient size to house at least four total filter samplers in 
addition to the inlet of the candidate method size fractionator. 
Validation of particle size and quality shall be conducted on 
representative aerosol samples extracted from the chamber.
    (iii) Divided flow test apparatus. The apparatus shall allow the 
aerosol concentration to be measured upstream and downstream of the 
fractionator. The aerosol shall be delivered to a manifold with two 
symmetrical branching legs. One of the legs, referred to as the bypass 
leg, shall allow the challenge aerosol to pass unfractionated to the 
detector. The other leg shall accommodate the fractionation device.
    (3) Particle concentration measurement--(i) Fluorometry. Refer to 
Sec. 53.62(c)(7).
    (ii) Number concentration measurement. A number counting particle 
sizer may be used in conjunction with the divided flow test apparatus in 
lieu of fluorometric measurement. This device must have a minimum range 
of 1 to 10 mm, a resolution of 0.1 mm, and an accuracy of 0.15 mm such 
that primary particles may be distinguished from multiplets for all test 
aerosols. The measurement of number concentration shall be accomplished 
by integrating the primary particle peak.
    (d) Setup--(1) Remove the inlet and downtube from the candidate 
fractionator. All tests procedures shall be conducted with the inlet and 
downtube removed from the candidate sampler.
    (2) Surface treatment of the fractionator. Rinsing aluminum surfaces 
with alkaline solutions has been found to adversely affect subsequent 
fluorometric quantitation of aerosol mass deposits. If wash-off tests 
are to be used for quantifying aerosol penetration, internal surfaces of 
the fractionator must first be plated with electroless nickel. 
Specifications for this plating are specified in Society of Automotive 
Engineers Aerospace Material Specification (SAE AMS) 2404C, Electroless 
Nickel Plating (Reference 3 in appendix A of subpart F).
    (e) Test procedure: Wash-off method--(1) Clean the candidate 
sampler. Note: The procedures in this step may be omitted if this test 
is being used to evaluate the fractionator after being loaded as 
specified in Sec. 53.65.
    (i) Clean and dry the internal surfaces of the candidate sampler.
    (ii) Prepare the internal fractionator surfaces in strict accordance 
with the operating instructions specified in the sampler's operating 
manual referred to in section 7.4.18 of 40 CFR part 50, appendix L.
    (2) Generate aerosol. Follow the procedures for aerosol generation 
prescribed in Sec. 53.62(d)(2).
    (3) Verify the quality of the test aerosol. Follow the procedures 
for verification of test aerosol size and quality prescribed in 
Sec. 53.62(d)(4).
    (4) Determine effectiveness for the particle size being produced. 
(i) Collect particles downstream of the fractionator

[[Page 102]]

on an appropriate filter over a time period such that the relative error 
of the fluorometric measurement is less than 5.0 percent.
    (ii) Determine the quantity of material collected on the after 
filter of the candidate method using a calibrated fluorometer. Calculate 
and record the aerosol mass concentration for the sampler filter as:
                               Equation 20
[GRAPHIC] [TIFF OMITTED] TR18JY97.113

where:

i = replicate number;
Mcand = mass of material collected with the candidate 
          sampler;
Q = candidate sampler volumetric flowrate; and
t = sampling time.

    (iii) Wash all interior surfaces upstream of the filter and 
determine the quantity of material collected using a calibrated 
fluorometer. Calculate and record the fluorometric mass concentration of 
the sampler wash as:
                               Equation 21
[GRAPHIC] [TIFF OMITTED] TR18JY97.114

where:

i = replicate number;
Mwash = mass of material washed from the interior surfaces of 
          the fractionator;
Q = candidate sampler volumetric flowrate; and
t = sampling time.

    (iv) Calculate and record the sampling effectiveness of the test 
sampler for this particle size as:
                               Equation 22
[GRAPHIC] [TIFF OMITTED] TR18JY97.115

where:

i = replicate number.

    (v) Repeat steps in paragraphs (e)(4) of this section, as 
appropriate, to obtain a minimum of three replicate measurements of 
sampling effectiveness. Note: The procedures for loading the candidate 
in Sec. 53.65 must be repeated between repetitions if this test is being 
used to evaluate the fractionator after being loaded as specified in 
Sec. 53.65.
    (vi) Calculate and record the average sampling effectiveness of the 
test sampler as:
                               Equation 23
[GRAPHIC] [TIFF OMITTED] TR18JY97.116

where:

i = replicate number; and
n = number of replicates.

    (vii)(A) Calculate and record the coefficient of variation for the 
replicate sampling effectiveness measurements of the test sampler as:
                               Equation 24
[GRAPHIC] [TIFF OMITTED] TR18JY97.117

where:

i = replicate number; and
n = total number of measurements.

    (B) If the value of CVE exceeds 10 percent, then steps in 
paragraphs (e) (2) through (e)(4) of this section must be repeated.
    (5) Repeat steps in paragraphs (e) (1) through (e)(4) of this 
section for each particle size specified in table F-2 of this subpart.
    (f) Test procedure: Static chamber method--(1) Generate aerosol. 
Follow the procedures for aerosol generation prescribed in 
Sec. 53.62(d)(2).
    (2) Verify the quality of the test aerosol. Follow the procedures 
for verification of test aerosol size and quality prescribed in 
Sec. 53.62(d)(4).
    (3) Introduce particles into chamber. Introduce the particles into 
the static chamber and allow the particle concentration to stabilize.
    (4) Install and operate the candidate sampler's fractionator and its 
after-filter

[[Page 103]]

and at least four total filters. (i) Install the fractionator and an 
array of four or more equally spaced total filter samplers such that the 
total filters surround and are in the same plane as the inlet of the 
fractionator.
    (ii) Simultaneously collect particles onto appropriate filters with 
the total filter samplers and the fractionator for a time period such 
that the relative error of the measured concentration is less than 5.0 
percent.
    (5) Calculate the aerosol spatial uniformity in the chamber. (i) 
Determine the quantity of material collected with each total filter 
sampler in the array using a calibrated fluorometer. Calculate and 
record the mass concentration for each total filter sampler as:
                               Equation 25
[GRAPHIC] [TIFF OMITTED] TR18JY97.118

where:

i = replicate number;
j = total filter sampler number;
Mtotal = mass of material collected with the total filter 
          sampler;
Q = total filter sampler volumetric flowrate; and
t = sample time.

    (ii) Calculate and record the mean mass concentration as:
                               Equation 26
[GRAPHIC] [TIFF OMITTED] TR18JY97.119

where:

n = total number of samplers;
i = replicate number; and
j = filter sampler number.

    (iii) (A) Calculate and record the coefficient of variation of the 
total mass concentration as:

                               Equation 27
[GRAPHIC] [TIFF OMITTED] TR18JY97.120

where:

i = replicate number;
j = total filter sampler number; and
n = number of total filter samplers.

    (B) If the value of CVtotal exceeds 10 percent, then the 
particle concentration uniformity is unacceptable, alterations to the 
static chamber test apparatus must be made, and steps in paragraphs 
(f)(1) through (f)(5) of this section must be repeated.
    (6) Determine the effectiveness of the candidate sampler. (i) 
Determine the quantity of material collected on the candidate sampler's 
after filter using a calibrated fluorometer. Calculate and record the 
mass concentration for the candidate sampler as:
                               Equation 28
[GRAPHIC] [TIFF OMITTED] TR18JY97.121

where:

i = replicate number;
Mcand = mass of material collected with the candidate 
          sampler;
Q = candidate sampler volumetric flowrate; and
t = sample time.

    (ii) Calculate and record the sampling effectiveness of the 
candidate sampler as:

[[Page 104]]

                               Equation 29
[GRAPHIC] [TIFF OMITTED] TR18JY97.122

where:

i = replicate number.

    (iii) Repeat step in paragraph (f)(4) through (f)(6) of this 
section, as appropriate, to obtain a minimum of three replicate 
measurements of sampling effectiveness.
    (iv) Calculate and record the average sampling effectiveness of the 
test sampler as:
                               Equation 30
[GRAPHIC] [TIFF OMITTED] TR18JY97.123

where:

i= replicate number.

    (v)(A) Calculate and record the coefficient of variation for the 
replicate sampling effectiveness measurements of the test sampler as:
                               Equation 31
[GRAPHIC] [TIFF OMITTED] TR18JY97.124

where:

i = replicate number; and
n = number of measurements of effectiveness.

    (B) If the value of CVE exceeds 10 percent, then the test 
run (steps in paragraphs (f)(2) through (f)(6) of this section) is 
unacceptable and must be repeated.
    (7) Repeat steps in paragraphs (f)(1) through (f)(6) of this section 
for each particle size specified in table F-2 of this subpart.
    (g) Test procedure: Divided flow method--(1) Generate calibration 
aerosol. Follow the procedures for aerosol generation prescribed in 
Sec. 53.62(d)(2).
    (2) Verify the quality of the calibration aerosol. Follow the 
procedures for verification of calibration aerosol size and quality 
prescribed in Sec. 53.62(d)(4).
    (3) Introduce aerosol. Introduce the calibration aerosol into the 
static chamber and allow the particle concentration to stabilize.
    (4) Validate that transport is equal for the divided flow option. 
(i) With fluorometry as a detector:
    (A) Install a total filter on each leg of the divided flow 
apparatus.
    (B) Collect particles simultaneously through both legs at 16.7 L/min 
onto an appropriate filter for a time period such that the relative 
error of the measured concentration is less than 5.0 percent.
    (C) Determine the quantity of material collected on each filter 
using a calibrated fluorometer. Calculate and record the mass 
concentration measured in each leg as:
                               Equation 32
[GRAPHIC] [TIFF OMITTED] TR18JY97.125

where:

i = replicate number,
M = mass of material collected with the total filter; and
Q = candidate sampler volumetric flowrate.

    (D) Repeat steps in paragraphs (g)(4)(i)(A) through (g)(4)(i)(C) of 
this section until a minimum of three replicate measurements are 
performed.
    (ii) With an aerosol number counting device as a detector:
    (A) Remove all flow obstructions from the flow paths of the two 
legs.
    (B) Quantify the aerosol concentration of the primary particles in 
each leg of the apparatus.
    (C) Repeat steps in paragraphs (g)(4)(ii)(A) through (g)(4)(ii)(B) 
of this section until a minimum of three replicate measurements are 
performed.
    (iii) (A) Calculate the mean concentration and coefficient of 
variation as:

[[Page 105]]

                               Equation 33
[GRAPHIC] [TIFF OMITTED] TR18JY97.126

                               Equation 34
[GRAPHIC] [TIFF OMITTED] TR18JY97.127

where:

i = replicate number; and
n = number of replicates.

    (B) If the measured mean concentrations through the two legs do not 
agree within 5 percent, then adjustments may be made in the setup, and 
this step must be repeated.
    (5) Determine effectiveness. Determine the sampling effectiveness of 
the test sampler with the inlet removed by one of the following 
procedures:
    (i) With fluorometry as a detector:
    (A) Prepare the divided flow apparatus for particle collection. 
Install a total filter into the bypass leg of the divided flow 
apparatus. Install the particle size fractionator with a total filter 
placed immediately downstream of it into the other leg.
    (B) Collect particles simultaneously through both legs at 16.7 L/min 
onto appropriate filters for a time period such that the relative error 
of the measured concentration is less than 5.0 percent.
    (C) Determine the quantity of material collected on each filter 
using a calibrated fluorometer. Calculate and record the mass 
concentration measured by the total filter and that measured after 
penetrating through the candidate fractionator as follows:
                               Equation 35
[GRAPHIC] [TIFF OMITTED] TR18JY97.128

                               Equation 36
[GRAPHIC] [TIFF OMITTED] TR18JY97.129

where:

i = replicate number.

    (ii) With a number counting device as a detector:
    (A) Install the particle size fractionator into one of the legs of 
the divided flow apparatus.
    (B) Quantify and record the aerosol number concentration of the 
primary particles passing through the fractionator as 
Ccand(i).
    (C) Divert the flow from the leg containing the candidate 
fractionator to the bypass leg. Allow sufficient time for the aerosol 
concentration to stabilize.
    (D) Quantify and record the aerosol number concentration of the 
primary particles passing through the bypass leg as 
Ctotal(i).
    (iii) Calculate and record sampling effectiveness of the candidate 
sampler as:
                               Equation 37
[GRAPHIC] [TIFF OMITTED] TR18JY97.130

where:

i = replicate number.

    (6) Repeat step in paragraph (g)(5) of this section, as appropriate, 
to obtain a minimum of three replicate measurements of sampling 
effectiveness.
    (7) Calculate the mean and coefficient of variation for replicate 
measurements of effectiveness. (i) Calculate and record the mean 
sampling effectiveness of the candidate sampler as:
                               Equation 38
[GRAPHIC] [TIFF OMITTED] TR18JY97.131

where:

i = replicate number.


[[Page 106]]


    (ii)(A) Calculate and record the coefficient of variation for the 
replicate sampling effectiveness measurements of the candidate sampler 
as:
                               Equation 39
[GRAPHIC] [TIFF OMITTED] TR18JY97.132

where:

i = replicate number; and
n = number of replicates.

    (B) If the coefficient of variation is not less than 10 percent, 
then the test run must be repeated (steps in paragraphs (g)(1) through 
(g)(7) of this section).
    (8) Repeat steps in paragraphs (g)(1) through (g)(7) of this section 
for each particle size specified in table F-2 of this subpart.
    (h) Calculations--(1) Treatment of multiplets. For all measurements 
made by fluorometric analysis, data shall be corrected for the presence 
of multiplets as described in Sec. 53.62(f)(1). Data collected using a 
real-time device (as described in paragraph (c)(3)(ii)) of this section 
will not require multiplet correction.
    (2) Cutpoint determination. For each wind speed determine the 
sampler Dp50 cutpoint defined as the aerodynamic particle 
size corresponding to 50 percent effectiveness from the multiplet 
corrected smooth curve.
    (3) Graphical analysis and numerical integration with ambient 
distributions. Follow the steps outlined in Sec. 53.62 (e)(3) through 
(e)(4) to calculate the estimated concentration measurement ratio 
between the candidate sampler and a reference method sampler.
    (i) Test evaluation. The candidate method passes the static 
fractionator test if the values of Rc and Dp50 for each 
distribution meets the specifications in table F-1 of this subpart.

[62 FR 38814, July 18, 1997; 63 FR 7714, Feb. 17, 1998]



Sec. 53.65  Test procedure: Loading test.

    (a) Overview. (1) The loading tests are designed to quantify any 
appreciable changes in a candidate method sampler's performance as a 
function of coarse aerosol collection. The candidate sampler is exposed 
to a mass of coarse aerosol equivalent to sampling a mass concentration 
of 150 mg/m\3\ over the time period that the manufacturer has specified 
between periodic cleaning. After loading, the candidate sampler is then 
evaluated by performing the test in Sec. 53.62 (full wind tunnel test), 
Sec. 53.63 (wind tunnel inlet aspiration test), or Sec. 53.64 (static 
fractionator test). If the acceptance criteria are met for this 
evaluation test, then the candidate sampler is approved for multi-day 
sampling with the periodic maintenance schedule as specified by the 
candidate method. For example, if the candidate sampler passes the 
reevaluation tests following loading with an aerosol mass equivalent to 
sampling a 150 mg/m\3\ aerosol continuously for 7 days, then the sampler 
is approved for 7 day field operation before cleaning is required.
    (2) [Reserved]
    (b) Technical definition. Effectiveness after loading is the ratio 
(expressed as a percentage) of the mass concentration of particles of a 
given size reaching the sampler filter to the mass concentration of 
particles of the same size approaching the sampler.
    (c) Facilities and equipment required--(1) Particle delivery system. 
The particle delivery system shall consist of a static chamber or a low 
velocity wind tunnel having a sufficiently large cross-sectional area 
such that the test sampler, or portion thereof, may be installed in the 
test section. At a minimum, the system must have a sufficiently large 
cross section to house the candidate sampler inlet as well as a 
collocated isokinetic nozzle for measuring total aerosol concentration. 
The mean velocity in the test section of the static chamber or wind 
tunnel shall not exceed 2 km/hr.
    (2) Aerosol generation equipment. For purposes of these tests, the 
test aerosol shall be produced from commercially available, bulk Arizona 
road dust. To provide direct interlaboratory comparability of sampler 
loading characteristics, the bulk dust is specified as 0-10 mm ATD 
available from Powder Technology Incorporated (Burnsville, MN). A 
fluidized bed aerosol generator,

[[Page 107]]

Wright dust feeder, or sonic nozzle shall be used to efficiently 
deagglomerate the bulk test dust and transform it into an aerosol cloud. 
Other dust generators may be used contingent upon prior approval by the 
Agency.
    (3) Isokinetic sampler. Mean aerosol concentration within the static 
chamber or wind tunnel shall be established using a single isokinetic 
sampler containing a preweighed high-efficiency total filter.
    (4) Analytic balance. An analytical balance shall be used to 
determine the weight of the total filter in the isokinetic sampler. The 
precision and accuracy of this device shall be such that the relative 
measurement error is less than 5.0 percent for the difference between 
the initial and final weight of the total filter. The identical analytic 
balance shall be used to perform both initial and final weighing of the 
total filter.
    (d) Test procedure. (1) Calculate and record the target time 
weighted concentration of Arizona road dust which is equivalent to 
exposing the sampler to an environment of 150 mg/m\3\ over the time 
between cleaning specified by the candidate sampler's operations manual 
as:
                               Equation 40
[GRAPHIC] [TIFF OMITTED] TR18JY97.133

where:

t = the number of hours specified by the candidate method prior to 
          periodic cleaning.

    (2) Clean the candidate sampler. (i) Clean and dry the internal 
surfaces of the candidate sampler.
    (ii) Prepare the internal surfaces in strict accordance with the 
operating manual referred to in section 7.4.18 of 40 CFR part 50, 
appendix L.
    (3) Determine the preweight of the filter that shall be used in the 
isokinetic sampler. Record this value as InitWt.
    (4) Install the candidate sampler's inlet and the isokinetic sampler 
within the test chamber or wind tunnel.
    (5) Generate a dust cloud. (i) Generate a dust cloud composed of 
Arizona test dust.
    (ii) Introduce the dust cloud into the chamber.
    (iii) Allow sufficient time for the particle concentration to become 
steady within the chamber.
    (6) Sample aerosol with a total filter and the candidate sampler. 
(i) Sample the aerosol for a time sufficient to produce an equivalent 
TWC equal to that of the target TWC 15 percent.
    (ii) Record the sampling time as t.
    (7) Determine the time weighted concentration. (i) Determine the 
postweight of the isokinetic sampler's total filter.
    (ii) Record this value as FinalWt.
    (iii) Calculate and record the TWC as:
                               Equation 41
[GRAPHIC] [TIFF OMITTED] TR18JY97.134

where:

Q = the flow rate of the candidate method.

    (iv) If the value of TWC deviates from the target TWC 15 percent, 
then the loaded mass is unacceptable and the entire test procedure must 
be repeated.
    (8) Determine the candidate sampler's effectiveness after loading. 
The candidate sampler's effectiveness as a function of particle 
aerodynamic diameter must then be evaluated by performing the test in 
Sec. 53.62 (full wind tunnel test). A sampler which fits the category of 
inlet deviation in Sec. 53.60(e)(1) may opt to perform the test in 
Sec. 53.63 (inlet aspiration test) in lieu of the full wind tunnel test. 
A sampler which fits the category of fractionator deviation in 
Sec. 53.60(e)(2) may opt to perform the test in Sec. 53.64 (static 
fractionator test) in lieu of the full wind tunnel test.
    (e) Test results. If the candidate sampler meets the acceptance 
criteria for the evaluation test performed in paragraph (d)(8) of this 
section, then the candidate sampler passes this test with the 
stipulation that the sampling train be cleaned as directed by and as 
frequently as that specified by the candidate sampler's operations 
manual.



Sec. 53.66  Test procedure: Volatility test.

    (a) Overview. This test is designed to ensure that the candidate 
method's losses due to volatility when sampling

[[Page 108]]

semi-volatile ambient aerosol will be comparable to that of a federal 
reference method sampler. This is accomplished by challenging the 
candidate sampler with a polydisperse, semi-volatile liquid aerosol in 
three distinct phases. During phase A of this test, the aerosol is 
elevated to a steady-state, test-specified mass concentration and the 
sample filters are conditioned and preweighed. In phase B, the challenge 
aerosol is simultaneously sampled by the candidate method sampler and a 
reference method sampler onto the preweighed filters for a specified 
time period. In phase C (the blow-off phase), aerosol and aerosol-vapor 
free air is sampled by the samplers for an additional time period to 
partially volatilize the aerosol on the filters. The candidate sampler 
passes the volatility test if the acceptance criteria presented in table 
F-1 of this subpart are met or exceeded.
    (b) Technical definitions. (1) Residual mass (RM) is defined as the 
weight of the filter after the blow-off phase subtracted from the 
initial weight of the filter.
    (2) Corrected residual mass (CRM) is defined as the residual mass of 
the filter from the candidate sampler multiplied by the ratio of the 
reference method flow rate to the candidate method flow rate.
    (c) Facilities and equipment required--(1) Environmental chamber. 
Because the nature of a volatile aerosol is greatly dependent upon 
environmental conditions, all phases of this test shall be conducted at 
a temperature of 22.0 0.5 C and a relative humidity of 40 3 percent. 
For this reason, it is strongly advised that all weighing and 
experimental apparatus be housed in an environmental chamber capable of 
this level of control.
    (2) Aerosol generator. The aerosol generator shall be a pressure 
nebulizer operated at 20 to 30 psig (140 to 207 kPa) to produce a 
polydisperse, semi-voltile aerosol with a mass median diameter larger 
than 1 mm and smaller than 2.5 mm. The nebulized liquid shall be A.C.S. 
reagent grade glycerol (C3H8O, FW = 92.09, CAS 56-
81-5) of 99.5 percent minimum purity. For the purpose of this test the 
accepted mass median diameter is predicated on the stable aerosol inside 
the internal chamber and not on the aerosol emerging from the nebulizer 
nozzle. Aerosol monitoring and its stability are described in (c)(3) and 
(c)(4) of this section.
    (3) Aerosol monitoring equipment. The evaporation and condensation 
dynamics of a volatile aerosol is greatly dependent upon the vapor 
pressure of the volatile component in the carrier gas. The size of an 
aerosol becomes fixed only when an equilibrium is established between 
the aerosol and the surrounding vapor; therefore, aerosol size 
measurement shall be used as a surrogate measure of this equilibrium. A 
suitable instrument with a range of 0.3 to 10 mm, an accuracy of 0.5 mm, 
and a resolution of 0.2 mm (e.g., an optical particle sizer, or a time-
of-flight instrument) shall be used for this purpose. The parameter 
monitored for stability shall be the mass median instrument measured 
diameter (i.e. optical diameter if an optical particle counter is used). 
A stable aerosol shall be defined as an aerosol with a mass median 
diameter that has changed less than 0.25 mm over a 4 hour time period.
    (4) Internal chamber. The time required to achieve a stable aerosol 
depends upon the time during which the aerosol is resident with the 
surrounding air. This is a function of the internal volume of the 
aerosol transport system and may be facilitated by recirculating the 
challenge aerosol. A chamber with a volume of 0.5 m\3\ and a 
recirculating loop (airflow of approximately 500 cfm) is recommended for 
this purpose. In addition, a baffle is recommended to dissipate the jet 
of air that the recirculating loop can create. Furthermore, a HEPA 
filtered hole in the wall of the chamber is suggested to allow makeup 
air to enter the chamber or excess air to exit the chamber to maintain a 
system flow balance. The concentration inside the chamber shall be 
maintained at 1 mg/m\3\ 20 percent to obtain consistent and significant 
filter loading.
    (5) Aerosol sampling manifold. A manifold shall be used to extract 
the aerosol from the area in which it is equilibrated and transport it 
to the candidate method sampler, the reference

[[Page 109]]

method sampler, and the aerosol monitor. The losses in each leg of the 
manifold shall be equivalent such that the three devices will be exposed 
to an identical aerosol.
    (6) Chamber air temperature recorders. Minimum range 15-25 C, 
certified accuracy to within 0.2 C, resolution of 0.1 C. Measurement 
shall be made at the intake to the sampling manifold and adjacent to the 
weighing location.
    (7) Chamber air relative humidity recorders. Minimum range 30 - 50 
percent, certified accuracy to within 1 percent, resolution of 0.5 
percent. Measurement shall be made at the intake to the sampling 
manifold and adjacent to the weighing location.
    (8) Clean air generation system. A source of aerosol and aerosol-
vapor free air is required for phase C of this test. This clean air 
shall be produced by filtering air through an absolute (HEPA) filter.
    (9) Balance. Minimum range 0 - 200 mg, certified accuracy to within 
10 mg, resolution of 1 mg.
    (d) Additional filter handling conditions--(1) Filter handling. 
Careful handling of the filter during sampling, conditioning, and 
weighing is necessary to avoid errors due to damaged filters or loss of 
collected particles from the filters. All filters must be weighed 
immediately after phase A dynamic conditioning and phase C.
    (2) Dynamic conditioning of filters. Total dynamic conditioning is 
required prior to the initial weight determined in phase A. Dynamic 
conditioning refers to pulling clean air from the clean air generation 
system through the filters. Total dynamic conditioning can be 
established by sequential filter weighing every 30 minutes following 
repetitive dynamic conditioning. The filters are considered sufficiently 
conditioned if the sequential weights are repeatable to 3 mg.
    (3) Static charge. The following procedure is suggested for 
minimizing charge effects. Place six or more Polonium static control 
devices (PSCD) inside the microbalance weighing chamber, (MWC). Two of 
them must be placed horizontally on the floor of the MWC and the 
remainder placed vertically on the back wall of the MWC. Taping two 
PSCD's together or using double-sided tape will help to keep them from 
falling. Place the filter that is to be weighed on the horizontal PSCDs 
facing aerosol coated surface up. Close the MWC and wait 1 minute. Open 
the MWC and place the filter on the balance dish. Wait 1 minute. If the 
charges have been neutralized the weight will stabilize within 30-60 
seconds. Repeat the procedure of neutralizing charges and weighing as 
prescribed above several times (typically 2-4 times) until consecutive 
weights will differ by no more than 3 micrograms. Record the last 
measured weight and use this value for all subsequent calculations.
    (e) Test procedure--(1) Phase A - Preliminary steps. (i) Generate a 
polydisperse glycerol test aerosol.
    (ii) Introduce the aerosol into the transport system.
    (iii) Monitor the aerosol size and concentration until stability and 
level have been achieved.
    (iv) Condition the candidate method sampler and reference method 
sampler filters until total dynamic conditioning is achieved as 
specified in paragraph (d)(2) of this section.
    (v) Record the dynamically conditioned weight as InitWtc 
and InitWtr where c is the candidate method sampler and r is 
the reference method sampler.
    (2) Phase B - Aerosol loading. (i) Install the dynamically 
conditioned filters into the appropriate samplers.
    (ii) Attach the samplers to the manifold.
    (iii) Operate the candidate and the reference samplers such that 
they simultaneously sample the test aerosol for 2 hours for a candidate 
sampler operating at 16.7 L/min or higher, or proportionately longer for 
a candidate sampler operating at a lower flow rate.
    (3) Phase C - Blow-off. (i) Alter the intake of the samplers to 
sample air from the clean air generation system.
    (ii) Sample clean air for one of the required blow-off time 
durations (1, 2, 3, and 4 hours).
    (iii) Remove the filters from the samplers.
    (iv) Weigh the filters immediately and record this weight, 
FinalWtc and FinalWtr, where c is the candidate

[[Page 110]]

method sampler and r is the reference method sampler.
    (v) Calculate the residual mass for the reference method sampler:
                              Equation 41a
[GRAPHIC] [TIFF OMITTED] TR18JY97.135

where:

i = repetition number; and
j = blow-off time period.

    (vi) Calculate the corrected residual mass for the candidate method 
sampler as:
                              Equation 41b
[GRAPHIC] [TIFF OMITTED] TR18JY97.136

where:

i = repetition number;
j = blow-off time period;
Qc = candidate method sampler flow rate, and
Qr = reference method sampler flow rate.

    (4) Repeat steps in paragraph (e)(1) through (e)(3) of this section 
until three repetitions have been completed for each of the required 
blow-off time durations (1, 2, 3, and 4 hours).
    (f) Calculations and analysis. (1) Perform a linear regression with 
the candidate method CRM as the dependent variable and the reference 
method RM as the independent variable.
    (2) Determine the following regression parameters: slope, intercept, 
and correlation coefficient (r).
    (g) Test results. The candidate method passes the volatility test if 
the regression parameters meet the acceptance criteria specified in 
table F-1 of this subpart.

[62 FR 38814, July 18, 1997, as amended at 71 FR 61295, Oct. 17, 2006]



 Sec. Table F-1 to Subpart F of Part 53--Performance Specifications for 
             PM 2.5 Class II Equivalent Samplers

------------------------------------------------------------------------
      Performance test           Specifications      Acceptance criteria
------------------------------------------------------------------------
Sec.  53.62 Full Wind Tunnel  Solid VOAG produced   Dp50 = 2.5 mm 0.2
 Evaluation.                   aerosol at 2 km/hr    mm Numerical
                               and 24 km/hr.         Analysis Results:
                                                     95% Rc 105%.
Sec.  53.63 Wind Tunnel       Liquid VOAG produced  Relative Aspiration:
 Inlet Aspiration Test.        aerosol at 2 km/hr    95% A 105%.
                               and 24 km/hr.
Sec.  53.64 Static            Evaluation of the     Dp50 = 2.5 mm 0.2
 Fractionator Test.            fractionator under    mm Numerical
                               static conditions.    Analysis Results:
                                                     95% Rc 105%.
Sec.  53.65 Loading Test....  Loading of the clean  Acceptance criteria
                               candidate under       as specified in the
                               laboratory            post-loading
                               conditions.           evaluation test
                                                     (Sec.  53.62, Sec.
                                                     53.63, or Sec.
                                                     53.64).
Sec.  53.66 Volatility Test.  Polydisperse liquid   Regression
                               aerosol produced by   Parameters Slope =
                               air nebulization of   1 0.1, Intercept =
                               A.C.S. reagent        0 0.15 mg, r
                               grade glycerol,       $0.97.
                               99.5% minimum
                               purity.
------------------------------------------------------------------------


[72 FR 32209, June 12, 2007]



 Sec. Table F-2 to Subpart F of Part 53--Particle Sizes and Wind Speeds 
for Full Wind Tunnel Test, Wind Tunnel Inlet Aspiration Test, and Static 
                              Chamber Test

----------------------------------------------------------------------------------------------------------------
                                         Full Wind Tunnel Test   Inlet Aspiration Test     Static
  Primary Partical Mean Size \a\ (mm)  ------------------------------------------------ Fractionator  Volatility
                                          2 km/hr    24 km/hr     2 km/hr    24 km/hr       Test         Test
----------------------------------------------------------------------------------------------------------------
1.50.25..............................          S           S                                    S
2.00.25..............................          S           S                                    S
2.20.25..............................          S           S                                    S
2.50.25..............................          S           S                                    S
2.80.25..............................          S           S                                    S
3.00.25..............................                                  L           L
3.50.25..............................          S           S                                    S
4.00.5...............................          S           S                                    S

[[Page 111]]

 
Polydisperse Glycerol Aerosol.........                                              L
----------------------------------------------------------------------------------------------------------------
\a\ Aerodynamic diameter.
S = Solid particles.
L = Liquid particles.



Sec. Table F-3 to Subpart F of Part 53--Critical Parameters of Idealized 
                   Ambient Particle Size Distributions

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Fine Particle Mode              Coarse Particle Mode                     FRM
                                                                 ------------------------------------------------------------------             Sampler
                                                                                                                                    PM 2.5/PM   Expected
                     Idealized Distribution                                  Geo. Std.  Conc. (mg/            Geo. Std.  Conc. (mg/  10 Ratio     Mass
                                                                   MMD (mm)     Dev.      m\3\)     MMD (mm)     Dev.      m\3\)               Conc. (mg/
                                                                                                                                                 m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coarse..........................................................       0.50          2       12.0         10          2       88.0       0.27     13.814
``Typical''.....................................................       0.50          2       33.3         10          2       66.7       0.55     34.284
Fine............................................................       0.85          2       85.0         15          2       15.0       0.94     78.539
--------------------------------------------------------------------------------------------------------------------------------------------------------



  Sec. Table F-4 to Subpart F of Part 53--Estimated Mass Concentration 
   Measurement of PM 2.5 for Idealized Coarse Aerosol Size 
                              Distribution

----------------------------------------------------------------------------------------------------------------
                                   Test Sampler                                    Ideal Sampler
                ------------------------------------------------------------------------------------------------
    Particle                                      Estimated Mass                                  Estimated Mass
  Aerodynamic       Fractional     Interval Mass   Concentration    Fractional     Interval Mass   Concentration
 Diameter (mm)       Sampling      Concentration    Measurement      Sampling      Concentration    Measurement
                  Effectiveness      (mg/m\3\)       (mg/m\3\)     Effectiveness     (mg/m\3\)       (mg/m\3\)
----------------------------------------------------------------------------------------------------------------
      (1)              (2)              (3)             (4)             (5)             (6)             (7)
----------------------------------------------------------------------------------------------------------------
<0.500           1.000            6.001                           1.000           6.001           6.001
0.625                             2.129                           0.999           2.129           2.127
0.750                             0.982                           0.998           0.982           0.980
0.875                             0.730                           0.997           0.730           0.728
1.000                             0.551                           0.995           0.551           0.548
1.125                             0.428                           0.991           0.428           0.424
1.250                             0.346                           0.987           0.346           0.342
1.375                             0.294                           0.980           0.294           0.288
1.500                             0.264                           0.969           0.264           0.256
1.675                             0.251                           0.954           0.251           0.239
1.750                             0.250                           0.932           0.250           0.233
1.875                             0.258                           0.899           0.258           0.232
2.000                             0.272                           0.854           0.272           0.232
2.125                             0.292                           0.791           0.292           0.231
2.250                             0.314                           0.707           0.314           0.222
2.375                             0.339                           0.602           0.339           0.204
2.500                             0.366                           0.480           0.366           0.176
2.625                             0.394                           0.351           0.394           0.138
2.750                             0.422                           0.230           0.422           0.097
2.875                             0.449                           0.133           0.449           0.060
3.000                             0.477                           0.067           0.477           0.032
3.125                             0.504                           0.030           0.504           0.015
3.250                             0.530                           0.012           0.530           0.006
3.375                             0.555                           0.004           0.555           0.002
3.500                             0.579                           0.001           0.579           0.001
3.625                             0.602                           0.000000        0.602           0.000000
3.750                             0.624                           0.000000        0.624           0.000000
3.875                             0.644                           0.000000        0.644           0.000000
4.000                             0.663                           0.000000        0.663           0.000000
4.125                             0.681                           0.000000        0.681           0.000000
4.250                             0.697                           0.000000        0.697           0.000000
4.375                             0.712                           0.000000        0.712           0.000000
4.500                             0.726                           0.000000        0.726           0.000000
4.625                             0.738                           0.000000        0.738           0.000000
4.750                             0.750                           0.000000        0.750           0.000000
4.875                             0.760                           0.000000        0.760           0.000000
5.000                             0.769                           0.000000        0.769           0.000000
5.125                             0.777                           0.000000        0.777           0.000000
5.250                             0.783                           0.000000        0.783           0.000000
5.375                             0.789                           0.000000        0.789           0.000000

[[Page 112]]

 
5.500                             0.794                           0.000000        0.794           0.000000
5.625                             0.798                           0.000000        0.798           0.000000
5.75                              0.801                           0.000000        0.801           0.000000
                                  Csam(exp)=                                      Cideal(exp)=    13.814
----------------------------------------------------------------------------------------------------------------



  Sec. Table F-5 to Subpart F of Part 53--Estimated Mass Concentration 
   Measurement of PM 2.5 for Idealized ``Typical'' Coarse 
                        Aerosol Size Distribution

----------------------------------------------------------------------------------------------------------------
                                   Test Sampler                                    Ideal Sampler
                ------------------------------------------------------------------------------------------------
    Particle                                      Estimated Mass                                  Estimated Mass
  Aerodynamic       Fractional     Interval Mass   Concentration    Fractional     Interval Mass   Concentration
 Diameter (mm)       Sampling      Concentration    Measurement      Sampling      Concentration    Measurement
                  Effectiveness      (mg/m\3\)       (mg/m\3\)     Effectiveness     (mg/m\3\)       (mg/m\3\)
----------------------------------------------------------------------------------------------------------------
      (1)              (2)              (3)             (4)             (5)             (6)             (7)
----------------------------------------------------------------------------------------------------------------
<0.500           1.000            16.651                          1.000           16.651          16.651
0.625                             5.899                           0.999           5.899           5.893
0.750                             2.708                           0.998           2.708           2.703
0.875                             1.996                           0.997           1.996           1.990
1.000                             1.478                           0.995           1.478           1.471
1.125                             1.108                           0.991           1.108           1.098
1.250                             0.846                           0.987           0.846           0.835
1.375                             0.661                           0.980           0.661           0.648
1.500                             0.532                           0.969           0.532           0.516
1.675                             0.444                           0.954           0.444           0.424
1.750                             0.384                           0.932           0.384           0.358
1.875                             0.347                           0.899           0.347           0.312
2.000                             0.325                           0.854           0.325           0.277
2.125                             0.314                           0.791           0.314           0.248
2.250                             0.312                           0.707           0.312           0.221
2.375                             0.316                           0.602           0.316           0.190
2.500                             0.325                           0.480           0.325           0.156
2.625                             0.336                           0.351           0.336           0.118
2.750                             0.350                           0.230           0.350           0.081
2.875                             0.366                           0.133           0.366           0.049
3.000                             0.382                           0.067           0.382           0.026
3.125                             0.399                           0.030           0.399           0.012
3.250                             0.416                           0.012           0.416           0.005
3.375                             0.432                           0.004           0.432           0.002
3.500                             0.449                           0.001           0.449           0.000000
3.625                             0.464                           0.000000        0.464           0.000000
3.750                             0.480                           0.000000        0.480           0.000000
3.875                             0.494                           0.000000        0.494           0.000000
4.000                             0.507                           0.000000        0.507           0.000000
4.125                             0.520                           0.000000        0.520           0.000000
4.250                                                             0.000000        0.532           0.000000
4.375                                                             0.000000        0.543           0.000000
4.500                                                             0.000000        0.553           0.000000
4.625                                                             0.000000        0.562           0.000000
4.750                                                             0.000000        0.570           0.000000
4.875                                                             0.000000        0.577           0.000000
5.000                                                             0.000000        0.584           0.000000
5.125                                                             0.000000        0.590           0.000000
5.250                                                             0.000000        0.595           0.000000
5.375                                                             0.000000        0.599           0.000000
5.500                                                             0.000000        0.603           0.000000
5.625                                                             0.000000        0.605           0.000000
5.75                                                              0.000000        0.608           0.000000
                                  Csam(exp)=                                      Cideal(exp)=    34.284
----------------------------------------------------------------------------------------------------------------


[[Page 113]]



  Sec. Table F-6 to Subpart F of Part 53--Estimated Mass Concentration 
    Measurement of PM 2.5 for Idealized Fine Aerosol Size 
                              Distribution

----------------------------------------------------------------------------------------------------------------
                                   Test Sampler                                    Ideal Sampler
                ------------------------------------------------------------------------------------------------
    Particle                                      Estimated Mass                                  Estimated Mass
  Aerodynamic       Fractional     Interval Mass   Concentration    Fractional     Interval Mass   Concentration
 Diameter (mm)       Sampling      Concentration    Measurement      Sampling      Concentration    Measurement
                  Effectiveness      (mg/m\3\)       (mg/m\3\)     Effectiveness     (mg/m\3\)       (mg/m\3\)
----------------------------------------------------------------------------------------------------------------
      (1)              (2)              (3)             (4)             (5)             (6)             (7)
----------------------------------------------------------------------------------------------------------------
<0.500           1.000            18.868                          1.000           18.868          18.868
0.625                             13.412                          0.999           13.412          13.399
0.750                             8.014                           0.998           8.014           7.998
0.875                             6.984                           0.997           6.984           6.963
1.000                             5.954                           0.995           5.954           5.924
1.125                             5.015                           0.991           5.015           4.970
1.250                             4.197                           0.987           4.197           4.142
1.375                             3.503                           0.980           3.503           3.433
1.500                             2.921                           0.969           2.921           2.830
1.675                             2.438                           0.954           2.438           2.326
1.750                             2.039                           0.932           2.039           1.900
1.875                             1.709                           0.899           1.709           1.536
2.000                             1.437                           0.854           1.437           1.227
2.125                             1.212                           0.791           1.212           0.959
2.250                             1.026                           0.707           1.026           0.725
2.375                             0.873                           0.602           0.873           0.526
2.500                             0.745                           0.480           0.745           0.358
2.625                             0.638                           0.351           0.638           0.224
2.750                             0.550                           0.230           0.550           0.127
2.875                             0.476                           0.133           0.476           0.063
3.000                             0.414                           0.067           0.414           0.028
3.125                             0.362                           0.030           0.362           0.011
3.250                             0.319                           0.012           0.319           0.004
3.375            ...............  0.282                           0.004           0.282           0.001
3.500                             0.252                           0.001           0.252           0.000000
3.625                             0.226                           0.000000        0.226           0.000000
3.750                             0.204                           0.000000        0.204           0.000000
3.875                             0.185                           0.000000        0.185           0.000000
4.000                             0.170                           0.000000        0.170           0.000000
4.125                             0.157                           0.000000        0.157           0.000000
4.250                             0.146                           0.000000        0.146           0.000000
4.375                             0.136                           0.000000        0.136           0.000000
4.500                             0.129                           0.000000        0.129           0.000000
4.625                             0.122                           0.000000        0.122           0.000000
4.750                             0.117                           0.000000        0.117           0.000000
4.875                             0.112                           0.000000        0.112           0.000000
5.000                             0.108                           0.000000        0.108           0.000000
5.125                             0.105                           0.000000        0.105           0.000000
5.250                             0.102                           0.000000        0.102           0.000000
5.375                             0.100                           0.000000        0.100           0.000000
5.500                             0.098                           0.000000        0.098           0.000000
5.625                             0.097                           0.000000        0.097           0.000000
5.75                              0.096                           0.000000        0.096           0.000000
                                  Csam(exp)=                                      Cideal(exp)=    78.539
----------------------------------------------------------------------------------------------------------------



 Sec. Figure F-1 to Subpart F of Part 53--Designation Testing Checklist

               DESIGNATION TESTING CHECKLIST FOR CLASS II

                __________      __________      __________
                    Auditee              Auditor signature              
Date

------------------------------------------------------------------------
Compliance Status:    Y = Yes    N = No    NA =
          Not applicable/Not available
------------------------------------------------
     Verification          Verified by Direct     Verification Comments
-----------------------  Observation of Process  (Includes documentation
                            or of Documented       of who, what, where,
                         Evidence: Performance,    when, why) (Doc. #,
                         Design or Application      Rev. #, Rev. Date)
   Y       N      NA     Spec. Corresponding to
                        Sections of 40 CFR Part
                          53, Subparts E and F
------------------------------------------------------------------------
                        Subpart E: Performance
                         Specification Tests
------------------------------------------------------------------------

[[Page 114]]

 
                          Evaluation completed   .......................
                         according to Subpart E
                         Sec.  53.50 to Sec.
                         53.56
------------------------------------------------------------------------
                        Subpart E: Class I
                         Sequential Tests
------------------------------------------------------------------------
                        Class II samplers that
                         are also Class I
                         (sequentialized) have
                         passed the tests in
                         Sec.  53.57
------------------------------------------------------------------------
                        Subpart F: Performance
                         Spec/Test
------------------------------------------------------------------------
                        Evaluation of Physical
                         Characteristics of
                         Clean Sampler - One of
                         these tests must be
                         performed:
                        Sec.  53.62 - Full Wind
                         Tunnel
                        Sec.  53.63 - Inlet
                         Aspiration
                        Sec.  53.64 - Static
                         Fractionator
------------------------------------------------------------------------
                        Evaluation of Physical
                         Characteristics of
                         Loaded Sampler
                        Sec.  53.65 Loading
                         Test
                        One of the following
                         tests must be
                         performed for
                         evaluation after
                         loading: Sec.  53.62,
                         Sec.  53.63, Sec.
                         53.64
------------------------------------------------------------------------
 
                          Evaluation of the
                         Volatile
                         Characteristics of the
                         Class II Sampler Sec.
                         53.66
------------------------------------------------------------------------



           Sec. Appendix A to Subpart F of Part 53--References

    (1) Marple, V.A., K.L. Rubow, W. Turner, and J.D. Spangler, Low Flow 
Rate Sharp Cut Impactors for Indoor Air Sampling: Design and 
Calibration., JAPCA, 37: 1303-1307 (1987).
    (2) Vanderpool, R.W. and K.L. Rubow, Generation of Large, Solid 
Calibration Aerosols, J. of Aer. Sci. and Tech., 9:65-69 (1988).
    (3) Society of Automotive Engineers Aerospace Material Specification 
(SAE AMS) 2404C, Electroless Nickel Planting, SAE, 400 Commonwealth 
Drive, Warrendale PA-15096, Revised 7-1-84, pp. 1-6.



PART 54_PRIOR NOTICE OF CITIZEN SUITS--Table of Contents



Sec.
54.1  Purpose.
54.2  Service of notice.
54.3  Contents of notice.

    Authority: Sec. 304 of the Clean Air Act, as amended (sec. 12, Pub. 
L. 91-604, 84 Stat. 1706).

    Source: 36 FR 23386, Dec. 9, 1971, unless otherwise noted.



Sec. 54.1  Purpose.

    Section 304 of the Clean Air Act, as amended, authorizes the 
commencement of civil actions to enforce the Act or to enforce certain 
requirements promulgated pursuant to the Act. The purpose of this part 
is to prescribe procedures governing the giving of notices required by 
subsection 304(b) of the Act (sec. 12, Pub. L. 91-604; 84 Stat. 1706) as 
a prerequisite to the commencement of such actions.



Sec. 54.2  Service of notice.

    (a) Notice to Administrator: Service of notice given to the 
Administrator under this part shall be accomplished by certified mail 
addressed to the Administrator, Environmental Protection Agency, 
Washington, DC 20460. Where notice relates to violation of an emission 
standard or limitation or to violation of an order issued with respect 
to an emission standard or limitation, a copy of such notice shall be 
mailed to the Regional Administrator of the Environmental Protection 
Agency for the Region in which such violation is alleged to have 
occurred.

[[Page 115]]

    (b) Notice to State: Service of notice given to a State under this 
part regarding violation of an emission standard or limitation, or an 
order issued with respect to an emission standard or limitation shall be 
accomplished by certified mail addressed to an authorized representative 
of the State agency charged with responsibility for air pollution 
control in the State. A copy of such notice shall be mailed to the 
Governor of the State.
    (c) Notice to alleged violator: Service of notice given to an 
alleged violator under this part shall be accomplished by certified mail 
addressed to, or by personal service upon, the owner or managing agent 
of the building, plant, installation, or facility alleged to be in 
violation of an emission standard or limitation, or an order issued with 
respect to an emission standard or limitation. Where the alleged 
violator is a corporation, a copy of such notice shall be sent by 
certified mail to the registered agent, if any, of such corporation in 
the State in which such violation is alleged to have occurred.
    (d) Notice served in accordance with the provisions of this part 
shall be deemed given on the postmark date, if served by mail, or on the 
date of receipt, if personally served.



Sec. 54.3  Contents of notice.

    (a) Failure to act. Notice regarding a failure of the Administrator 
to perform an act or duty which is not discretionary shall identify the 
provisions of the Act which requires such act or creates such duty, 
shall describe with reasonable specificity the action taken or not taken 
by the Administrator which is claimed to constitute a failure to perform 
such act or duty, and shall state the full name and address of the 
person giving the notice.
    (b) Violation of standard, limitation or order. Notices to the 
Administrator, States, and alleged violators regarding violation of an 
emission standard or limitation or an order issued with respect to an 
emission standard or limitation, shall include sufficient information to 
permit the recipient to identify the specific standard, limitation, or 
order which has allegedly been violated, the activity alleged to be in 
violation, the person or persons responsible for the alleged violation, 
the location of the alleged violation, the date or dates of such 
violation, and the full name and address of the person giving the 
notice.



PART 55_OUTER CONTINENTAL SHELF AIR REGULATIONS--Table of Contents



Sec.
55.1  Statutory authority and scope.
55.2  Definitions.
55.3  Applicability.
55.4  Requirements to submit a notice of intent.
55.5  Corresponding onshore area designation.
55.6  Permit requirements.
55.7  Exemptions.
55.8  Monitoring, reporting, inspections, and compliance.
55.9  Enforcement.
55.10  Fees.
55.11  Delegation.
55.12  Consistency updates.
55.13  Federal requirements that apply to OCS sources.
55.14  Requirements that apply to OCS sources located within 25 miles of 
          States' seaward boundaries, by State.
55.15  Specific designation of corresponding onshore areas.

Appendix A to Part 55--Listing of State and Local Requirements 
          Incorporated by Reference Into Part 55, by State

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401, et 
seq.) as amended by Public Law 101-549.

    Source: 57 FR 40806, Sept. 4, 1992, unless otherwise noted.



Sec. 55.1  Statutory authority and scope.

    Section 328(a)(1) of the Clean Air Act (``the Act''), requires the 
Environmental Protection Agency (``EPA'') to establish requirements to 
control air pollution from outer continental shelf (``OCS'') sources in 
order to attain and maintain Federal and State ambient air quality 
standards and to comply with the provisions of part C of title I of the 
Act. This part establishes the air pollution control requirements for 
OCS sources and the procedures for implementation and enforcement of the 
requirements, consistent with these stated objectives of section 
328(a)(1) of the Act. In implementing, enforcing and revising this rule 
and in delegating authority hereunder, the Administrator

[[Page 116]]

will ensure that there is a rational relationship to the attainment and 
maintenance of Federal and State ambient air quality standards and the 
requirements of part C of title I, and that the rule is not used for the 
purpose of preventing exploration and development of the OCS.



Sec. 55.2  Definitions.

    Administrator means the Administrator of the U.S. Environmental 
Protection Agency.
    Corresponding Onshore Area (COA) means, with respect to any existing 
or proposed OCS source located within 25 miles of a State's seaward 
boundary, the onshore area that is geographically closest to the source 
or another onshore area that the Administrator designates as the COA, 
pursuant to Sec. 55.5 of this part.
    Delegated agency means any agency that has been delegated authority 
to implement and enforce requirements of this part by the Administrator, 
pursuant to Sec. 55.11 of this part. It can refer to a State agency, a 
local agency, or an Indian tribe, depending on the delegation status of 
the program.
    Existing source or existing OCS source shall have the meaning given 
in the applicable requirements incorporated into Secs. 55.13 and 55.14 
of this part, except that for two years following the date of 
promulgation of this part the definition given in Sec. 55.3 of this part 
shall apply for the purpose of determining the required date of 
compliance with this part.
    Exploratory source or exploratory OCS source means any OCS source 
that is a temporary operation conducted for the sole purpose of 
gathering information. This includes an operation conducted during the 
exploratory phase to determine the characteristics of the reservoir and 
formation and may involve the extraction of oil and gas.
    Modification shall have the meaning given in the applicable 
requirements incorporated into Secs. 55.13 and 55.14 of this part, 
except that for two years following the date of promulgation of this 
part the definition given in section 111(a) of the Act shall apply for 
the purpose of determining the required date of compliance with this 
part, as set forth in Sec. 55.3 of this part.
    Nearest Onshore Area (NOA) means, with respect to any existing or 
proposed OCS source, the onshore area that is geographically closest to 
that source.
    New source or new OCS source shall have the meaning given in the 
applicable requirements of Secs. 55.13 and 55.14 of this part, except 
that for two years following the date of promulgation of this part, the 
definition given in Sec. 55.3 of this part shall apply for the purpose 
of determining the required date of compliance with this part.
    OCS source means any equipment, activity, or facility which:
    (1) Emits or has the potential to emit any air pollutant;
    (2) Is regulated or authorized under the Outer Continental Shelf 
Lands Act (``OCSLA'') (43 U.S.C. Sec. 1331 et seq.); and
    (3) Is located on the OCS or in or on waters above the OCS.
    This definition shall include vessels only when they are:
    (1) Permanently or temporarily attached to the seabed and erected 
thereon and used for the purpose of exploring, developing or producing 
resources therefrom, within the meaning of section 4(a)(1) of OCSLA (43 
U.S.C. Sec. 1331 et seq.); or
    (2) Physically attached to an OCS facility, in which case only the 
stationary sources aspects of the vessels will be regulated.
    Onshore area means a coastal area designated as an attainment, 
nonattainment, or unclassifiable area by EPA in accordance with section 
107 of the Act. If the boundaries of an area designated pursuant to 
section 107 of the Act do not coincide with the boundaries of a single 
onshore air pollution control agency, then onshore area shall mean a 
coastal area defined by the jurisdictional boundaries of an air 
pollution control agency.
    Outer continental shelf shall have the meaning provided by section 2 
of the OCSLA (43 U.S.C. Sec. 1331 et seq.).
    Potential emissions means the maximum emissions of a pollutant from 
an OCS source operating at its design capacity. Any physical or 
operational limitation on the capacity of a source to emit a pollutant, 
including air pollution control equipment and restrictions on hours of 
operation or on the

[[Page 117]]

type or amount of material combusted, stored, or processed, shall be 
treated as a limit on the design capacity of the source if the 
limitation is federally enforceable. Pursuant to section 328 of the Act, 
emissions from vessels servicing or associated with an OCS source shall 
be considered direct emissions from such a source while at the source, 
and while enroute to or from the source when within 25 miles of the 
source, and shall be included in the ``potential to emit'' for an OCS 
source. This definition does not alter or affect the use of this term 
for any other purposes under Secs. 55.13 or 55.14 of this part, except 
that vessel emissions must be included in the ``potential to emit'' as 
used in Secs. 55.13 and 55.14 of this part.
    Residual emissions means the difference in emissions from an OCS 
source if it applies the control requirements(s) imposed pursuant to 
Sec. 55.13 or Sec. 55,14 of this part and emissions from that source if 
it applies a substitute control requirement pursuant to an exemption 
granted under Sec. 55.7 of this part.
    State means the State air pollution control agency that would be the 
permitting authority, a local air pollution permitting agency, or 
certain Indian tribes which can be the permitting authority for areas 
within their jurisdiction. State may also be used in the geographic 
sense to refer to a State, the NOA, or the COA.

[57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997]



Sec. 55.3  Applicability.

    (a) This part applies to all OCS sources except those located in the 
Gulf of Mexico west of 87.5 degrees longitude.
    (b) OCS sources located within 25 miles of States' seaward 
boundaries shall be subject to all the requirements of this part, which 
include, but are not limited to, the Federal requirements as set forth 
in Sec. 55.13 of this part and the Federal, State, and local 
requirements of the COA (designated pursuant to Sec. 55.5 of this part), 
as set forth in Sec. 55.14 of this part.
    (c) The OCS sources located beyond 25 miles of States' seaward 
boundaries shall be subject to all the requirements of this part, except 
the requirements of Secs. 55.4, 55.5, 55.12 and 55.14 of this part.
    (d) New OCS sources shall comply with the requirements of this part 
by September 4, 1992 where a ``new OCS source'' means an OCS source that 
is a new source within the meaning of section 111(a) of the Act.
    (e) Existing sources shall comply with the requirements of this part 
by September 4, 1994, where an ``existing OCS source'' means any source 
that is not a new source within the meaning of section 111(a) of the 
Act.

[57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997]



Sec. 55.4  Requirements to submit a notice of intent.

    (a) Prior to performing any physical change or change in method of 
operation that results in an increase in emissions, and not more than 18 
months prior to submitting an application for a preconstruction permit, 
the applicant shall submit a Notice of Intent (``NOI'') to the 
Administrator through the EPA Regional Office, and at the same time 
shall submit copies of the NOI to the air pollution control agencies of 
the NOA and onshore areas adjacent to the NOA. This section applies only 
to sources located within 25 miles of States' seaward boundaries.
    (b) The NOI shall include the following:
    (1) General company information, including company name and address, 
owner's name and agent, and facility site contact.
    (2) Facility description in terms of the proposed process and 
products, including identification by Standard Industrial Classification 
Code.
    (3) Estimate of the proposed project's potential emissions of any 
air pollutant, expressed in total tons per year and in such other terms 
as may be necessary to determine the applicability of requirements of 
this part. Potential emissions for the project must include all vessel 
emissions associated with the proposed project in accordance with the 
definition of potential emissions in Sec. 55.2 of this part.
    (4) Description of all emissions points including associated 
vessels.
    (5) Estimate of quantity and type of fuels and raw materials to be 
used.

[[Page 118]]

    (6) Description of proposed air pollution control equipment.
    (7) Proposed limitations on source operations or any work practice 
standards affecting emissions.
    (8) Other information affecting emissions, including, where 
applicable, information related to stack parameters (including height, 
diameter, and plume temperature), flow rates, and equipment and facility 
dimensions.
    (9) Such other information as may be necessary to determine the 
applicability of onshore requirements.
    (10) Such other information as may be necessary to determine the 
source's impact in onshore areas.
    (c) Exploratory sources and modifications to existing sources with 
designated COAs shall be exempt from the requirement in paragraph 
(b)(10) of this section.
    (d) The scope and contents of the NOI shall in no way limit the 
scope and contents of the required permit application or applicable 
requirements given in this part.



Sec. 55.5  Corresponding onshore area designation.

    (a) Proposed exploratory sources. The NOA shall be the COA for 
exploratory sources located within 25 miles of States' seaward 
boundaries. Paragraphs (b), (c), and (f) of this section are not 
applicable to these sources.
    (b) Requests for designation. (1) The chief executive officer of the 
air pollution control agency of an area that believes it has more 
stringent air pollution control requirements than the NOA for a proposed 
OCS source, may submit a request to be designated as the COA to the 
Administrator and at the same time shall send copies of the request to 
the chief executive officer of the NOA and to the proposed source. The 
request must be received by the Administrator within 60 days of the 
receipt of the NOI. If no requests are received by the Administrator 
within 60 days of the receipt of the NOI, the NOA will become the 
designated COA without further action.
    (2) No later than 90 days after the receipt of the NOI, a 
demonstration must be received by the Administrator showing that:
    (i) The area has more stringent requirements with respect to the 
control and abatement of air pollution than the NOA;
    (ii) The emissions from the source are or would be transported to 
the requesting area; and
    (iii) The transported emissions would affect the requesting area's 
efforts to attain or maintain a Federal or State ambient air quality 
standard or to comply with the requirements of part C of title I of the 
Act, taking into account the effect of air pollution control 
requirements that would be imposed if the NOA were designated as the 
COA.
    (c) Determination by the Administrator. (1) If no demonstrations are 
received by the Administrator within 90 days of the receipt of the NOI, 
the NOA will become the designated COA without further action.
    (2) If one or more demonstrations are received, the Administrator 
will issue a preliminary designation of the COA within 150 days of the 
receipt of the NOI, which shall be followed by a 30 day public comment 
period, in accordance with paragraph (f) of this section.
    (3) The Administrator will designate the COA for a specific source 
within 240 days of the receipt of the NOI.
    (4) When the Administrator designates a more stringent area as the 
COA with respect to a specific OCS source, the delegated agency in the 
COA will exercise all delegated authority. If there is no delegated 
agency in the COA, then EPA will issue the permit and implement and 
enforce the requirements of this part. The Administrator may retain 
authority for implementing and enforcing the requirements of this part 
if the NOA and the COA are in different States.
    (5) The Administrator shall designate the COA for each source only 
once in the source's lifetime.
    (d) Offset requirements. Offsets shall be obtained based on the 
applicable requirements of the COA, as set forth in Secs. 55.13 and 
55.14 of this part.
    (e) Authority to designate the COA. The authority to designate the 
COA for any OCS source shall not be delegated to a State or local 
agency, but shall be retained by the Administrator.
    (f) Administrative procedures and public participation. The 
Administrator will

[[Page 119]]

use the following public notice and comment procedures for processing a 
request for COA designation under this section:
    (1) Within 150 days from receipt of an NOI, if one or more 
demonstrations are received, the Administrator shall make a preliminary 
determination of the COA and shall:
    (i) Make available, in at least one location in the NOA and in the 
area requesting COA designation, which may be a public Web site 
identified by the Administrator, a copy of all materials submitted by 
the requester, a copy of the Administrator's preliminary determination, 
and a copy or summary of other materials, if any, considered by the 
Administrator in making the preliminary determination; and
    (ii) Notify the public, by prominent advertisement in a newspaper of 
general circulation in the NOA and the area requesting COA designation 
or on a public Web site identified by the Administrator, of a 30-day 
opportunity for written public comment on the available information and 
the Administrator's preliminary COA designation.
    (2) A copy of the notice required pursuant to paragraph (f)(1)(ii) 
of this section shall be sent to the requester, the affected source, 
each person from whom a written request of such notice has been 
received, and the following officials and agencies having jurisdiction 
over the COA and NOA: State and local air pollution control agencies, 
the chief executive of the city and county, the Federal Land Manager of 
potentially affected Class I areas, and any Indian governing body whose 
lands may be affected by emissions from the OCS source.
    (3) Public comments received in writing within 30 days after the 
date the public notice is made available will be considered by the 
Administrator in making the final decision on the request. All comments 
will be made available for public inspection.
    (4) The Administrator will make a final COA designation within 60 
days after the close of the public comment period. The Administrator 
will notify, in writing, the requester and each person who has requested 
notice of the final action and will set forth the reasons for the 
determination. Such notification will be made available for public 
inspection.

[57 FR 40806, Sept. 4, 1992, as amended at 61 FR 25151, May 20, 1996; 81 
FR 71630, Oct. 18, 2016]



Sec. 55.6  Permit requirements.

    (a) General provisions--(1) Permit applications. (i) The owner or 
operator of an OCS source shall submit to the Administrator or delegated 
agency all information necessary to perform any analysis or make any 
determination required under this section.
    (ii) Any application submitted pursuant to this part by an OCS 
source shall include a description of all the requirements of this part 
and a description of how the source will comply with the applicable 
requirements. For identification purposes only, the application shall 
include a description of those requirements that have been proposed by 
EPA for incorporation into this part and that the applicant believes, 
after diligent research and inquiry, apply to the source.
    (2) Exemptions. (i) When an applicant submits any approval to 
construct or permit to operate application to the Administrator or 
delegated agency it shall include a request for exemption from 
compliance with any pollution control technology requirement that the 
applicant believes is technically infeasible or will cause an 
unreasonable threat to health and safety. The Administrator or delegated 
agency shall act on the request for exemption in accordance with the 
procedures established in Sec. 55.7 of this part.
    (ii) A final permit shall not be issued under this part until a 
final determination is made on any exemption request, including those 
appealed to the Administrator in accordance with Sec. 55.7 of this part.
    (3) Administrative procedures and public participation. The 
Administrator will follow the applicable procedures of 40 CFR part 71 or 
40 CFR part 124 in processing applications under this part. When using 
40 CFR part 124, the Administrator will follow the procedures used to 
issue Prevention of Significant Deterioration (``PSD'') permits.
    (4) Source obligation. (i) Any owner or operator who constructs or 
operates an OCS source not in accordance with the

[[Page 120]]

application submitted pursuant to this part 55, or with any approval to 
construct or permit to operate, or any owner or operator of a source 
subject to the requirements of this part who commences construction 
after the effective date of this part without applying for and receiving 
approval under this part, shall be in violation of this part.
    (ii) Any owner or operator of a new OCS source who commenced 
construction prior to the promulgation date of this rule shall comply 
with the requirements of paragraph (e) of this section.
    (iii) Receipt of an approval to construct or a permit to operate 
from the Administrator or delegated agency shall not relieve any owner 
or operator of the responsibility to comply fully with the applicable 
provisions of any other requirements under Federal law.
    (iv) The owner or operator of an OCS source to whom the approval to 
construct or permit to operate is issued under this part shall notify 
all other owners and operators, contractors, and the subsequent owners 
and operators associated with emissions from the source, of the 
conditions of the permit issued under this part.
    (5) Delegation of authority. If the Administrator delegates any of 
the authority to implement and enforce the requirements of this section, 
the following provisions shall apply:
    (i) The applicant shall send a copy of any permit application 
required by this section to the Administrator through the EPA Regional 
Office at the same time as the application is submitted to the delegated 
agency.
    (ii) The delegated agency shall send a copy of any public comment 
notice required under this section or Secs. 55.13 or 55.14 to the 
Administrator through the EPA Regional Office.
    (iii) The delegated agency shall send a copy of any preliminary 
determination and final permit action required under this section or 
Secs. 55.13 or 55.14 to the Administrator through the EPA Regional 
Office at the time of the determination and shall make available to the 
Administrator any materials used in making the determination.
    (b) Preconstruction requirements for OCS sources located within 25 
miles of States' seaward boundaries. (1) No OCS source to which the 
requirements of Secs. 55.13 or 55.14 of this part apply shall begin 
actual construction after the effective date of this part without a 
permit that requires the OCS source to meet those requirements.
    (2) Any permit application required under this part shall not be 
submitted until the Administrator has determined whether a consistency 
update is necessary, pursuant to Sec. 55.12 of this part, and, if the 
Administrator finds an update to be necessary, has published a proposed 
consistency update.
    (3) The applicant may be required to obtain more than one 
preconstruction permit, if necessitated by partial delegation of this 
part or by the requirements of this section and Secs. 55.13 and 55.14 of 
this part.
    (4) An approval to construct shall become invalid if construction is 
not commenced within 18 months after receipt of such approval, if 
construction is discontinued for a period of 18 months or more, or if 
construction is not completed within a reasonable time. The 18-month 
period may be extended upon a showing satisfactory to the Administrator 
or the delegated agency that an extension is justified. Sources 
obtaining extensions are subject to all new or interim requirements and 
a reassessment of the applicable control technology when the extension 
is granted. This requirement shall not supersede a more stringent 
requirement under Secs. 55.13 or 55.14 of this part.
    (5) Any preconstruction permit issued to a new OCS source or 
modification shall remain in effect until it expires under paragraph 
(b)(4) of this section or is rescinded under the applicable requirements 
incorporated in Secs. 55.13 and 55.14 of this part.
    (6) Whenever any proposed OCS source or modification to an existing 
OCS source is subject to action by a Federal agency that might 
necessitate preparation of an environmental impact statement pursuant to 
the National Environmental Policy Act (42 U.S.C. 4321), review by the 
Administrator conducted pursuant to this section shall be coordinated 
with the environmental reviews under that Act to the extent feasible and 
reasonable.
    (7) The Administrator or delegated agency and the applicant shall 
provide

[[Page 121]]

written notice of any permit application from a source, the emissions 
from which may affect a Class I area, to the Federal Land Manager 
charged with direct responsibility for management of any lands within 
the Class I area. Such notification shall include a copy of all 
information contained in the permit application and shall be given 
within 30 days of receipt of the application and at least 60 days prior 
to any public hearing on the preconstruction permit.
    (8) Modification of existing sources. The preconstruction 
requirements above shall not apply to a particular modification, as 
defined in Sec. 55.13 or Sec. 55.14 of this part, of an existing OCS 
source if:
    (i) The modification is necessary to comply with this part, and no 
other physical change or change in the method of operation is made in 
conjunction with the modification;
    (ii) The modification is made within 24 months of promulgation of 
this part; and
    (iii) The modification does not result in an increase, in excess of 
any de minimis levels contained in the applicable requirements of 
Secs. 55.13 and 55.14, of potential emissions or actual hourly emissions 
of a pollutant regulated under the Act.
    (9) Compliance plans. Sources intending to perform modifications 
that meet all of the criteria of paragraph (b)(8) of this section shall 
submit a compliance plan to the Administrator or delegated agency prior 
to performing the modification. The compliance shall describe the 
schedule and method the source will use to comply with the applicable 
OCS requirements within 24 months of the promulgation date of this part 
and shall include a request for any exemptions from compliance with a 
pollution control technology requirement that the applicant believes is 
technically infeasible or will cause an unreasonable threat to health 
and safety. The Administrator or delegated agency shall act on the 
request for exemption in accordance with the procedures established in 
Sec. 55.7 of this part.
    (i) The Administrator or delegated agency shall review the 
compliance plan and provide written comments to the source within 45 
days of receipt of such plan. The source shall provide a written 
response to such comments as required by the reviewing agency.
    (ii) Receipt and review of a compliance plan by the Administrator or 
delegated agency shall not relieve any owner or operator of an existing 
OCS source of the responsibility to comply fully with the applicable 
requirements of Secs. 55.13 and 55.14 of this part within 24 months of 
promulgation of this part.
    (c) Operating permit requirements for sources located within 25 
miles of States' seaward boundaries. (1) All applicable operating permit 
requirements listed in this section and incorporated into Secs. 55.13 
and 55.14 of this part shall apply to OCS sources.
    (2) The Administrator or delegated agency shall not issue a permit 
to operate to any existing OCS source that has not demonstrated 
compliance with all the applicable requirements of this part.
    (3) If the COA does not have an operating permits program approved 
pursuant to 40 CFR part 70 or if EPA has determined that the COA is not 
adequately implementing an approved program, the applicable requirements 
of 40 CFR part 71, the Federal operating permits program, shall apply to 
the OCS sources. The applicable requirements of 40 CFR part 71 will be 
implemented and enforced by the Administrator. The Administrator may 
delegate the authority to implement and enforce all or part of a Federal 
operating permits program to a State pursuant to Sec. 55.11 of this 
part.
    (d) Permit requirements for sources located beyond 25 miles of 
States' seaward boundaries. (1) OCS sources located beyond 25 miles of 
States' seaward boundaries shall be subject to the permitting 
requirements set forth in this section and Sec. 55.13 of this part.
    (2) The Administrator or delegated agency shall not issue a permit-
to-operate to any existing OCS source that has not demonstrated 
compliance with all the applicable requirements of this part.
    (e) Permit requirements for new sources that commenced construction 
prior to September 4, 1992--(1) Applicability. Sec. 55.6(e) applies to a 
new OCS source, as defined by section 328 of the Act, that commenced 
construction before September 4, 1992.

[[Page 122]]

    (2) A source subject to Sec. 55.6(e) shall comply with the following 
requirements:
    (i) By October 5, 1992, the owner or operator of the source shall 
submit a transitional permit application (``TPA'') to the Administrator 
or the delegated agency. The TPA shall include the following:
    (A) The information specified in Secs. 55.4(b)(1) through 
Sec. 55.4(b)(9) of this part;
    (B) A list of all requirements applicable to the source under this 
part;
    (C) A request for exemption from compliance with any control 
technology requirement that the applicant believes is technically 
infeasible or will cause an unreasonable threat to health and safety;
    (D) An air quality screening analysis demonstrating whether the 
source has or is expected in the future to cause or contribute to a 
violation of any applicable State or Federal ambient air quality 
standard or exceed any applicable increment. If no air quality analysis 
is required by the applicable requirements of Secs. 55.13 and 55.14, 
this requirement does not apply;
    (E) Documentation that source emissions are currently being offset, 
or will be offset if the source has not commenced operation, at the 
ratio required under this part, and documentation that those offsets 
meet or will meet the requirements of this part; and
    (F) A description of how the source is complying with the applicable 
requirements of Secs. 55.13 and 55.14 of this part, including emission 
levels and corresponding control measures, including Best Available 
Control Technology (``BACT'') or Lowest Achievable Emission Rates 
(``LAER''), but excluding the requirements to have valid permits.
    (ii) The source shall expeditiously complete its permit application 
in compliance with the schedule determined by the Administrator or 
delegated agency.
    (iii) The source shall comply with all applicable requirements of 
this part except for the requirements of paragraph (a)(4)(i) of this 
section. The source shall comply with the control technology 
requirements (such as BACT or LAER) set forth in the TPA that would be 
applicable if the source had a valid permit.
    (iv) Any owner or operator subject to this subsection who continues 
to construct or operate an OCS source thirty days from promulgation of 
this part without submitting a TPA, or continues to construct or operate 
an OCS source not in accordance with the TPA submitted pursuant to 
paragraph (e) of this section, or constructs or operates an OCS source 
not in accordance with the schedule determined by the permitting 
authority, shall be in violation of this part.
    (3) Upon the submittal of a permit application deemed to be complete 
by the permitting authority, the owner or operator of the source shall 
be subject to the permitting requirements of Secs. 55.13 and 55.14 of 
this part that apply subsequent to the submission of a complete permit 
application. When a source receives the permit or permits required under 
this part, its TPA shall expire.
    (4) Until the date that a source subject to this subsection receives 
the permit or permits required under this part, that source shall cease 
operation if, based on projected or actual emissions, the permitting 
authority determines that the source is currently or may in the future 
cause or contribute to a violation of a State or Federal ambient air 
quality standard or exceed any applicable increment.

[57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996; 62 
FR 46409, Sept. 2, 1997; 81 FR 71630, Oct. 18, 2016]



Sec. 55.7  Exemptions.

    (a) Authority and criteria. The Administrator or the delegated 
agency may exempt a source from a control technology requirement of this 
part if the Administrator or the delegated agency finds that compliance 
with the control technology requirement is technically infeasible or 
will cause an unreasonable threat to health and safety.
    (b) Request for an exemption--(1) Permit application required. An 
applicant shall submit a request for an exemption from a control 
technology requirement at the same time as the applicant submits a 
preconstruction or operating permit application to the Administrator or 
delegated agency.

[[Page 123]]

    (2) No permit application required. If no permit or permit 
modification is required, a request for an exemption must be received by 
the Administrator or delegated agency within 60 days from the date the 
control technology requirement is promulgated by EPA.
    (3) Compliance plan. An existing source that submits a compliance 
plan in accordance with Sec. 55.6(b) of this part shall submit all 
requests for exemptions at the same time as the compliance plan. For the 
purpose of applying Sec. 55.7 of this part, a request submitted with a 
compliance plan shall be treated in the same manner as a request that 
does not require a permit application.
    (4) Content of request. (i) The request shall include information 
that demonstrates that compliance with a control technology requirement 
of this part would be technically infeasible or would cause an 
unreasonable threat to health and safety.
    (ii) The request shall include a proposed substitute requirement(s) 
as close in stringency to the original requirement as possible.
    (iii) The request shall include an estimate of emission reductions 
that would be achieved by compliance with the original requirement, an 
estimate of emission reductions that would be achieved by compliance 
with the proposed substitute requirement(s) and an estimate of residual 
emissions.
    (iv) The request shall identify emission reductions of a sufficient 
quantity to offset the estimated residual emissions. Sources located 
beyond 25 miles from States' seaward boundaries shall consult with the 
Administrator to identify suitable emission reductions.
    (c) Consultation requirement. If the authority to grant or deny 
exemptions has been delegated, the delegated agency shall consult with 
the Minerals Management Service of the U.S. Department of Interior and 
the U.S. Coast Guard to determine whether the exemption will be granted 
or denied.
    (1) The delegated agency shall transmit to the Administrator 
(through the Regional Office), the Minerals Management Service, and the 
U.S. Coast Guard, a copy of the permit application, or the request if no 
permit is required, within 5 days of its receipt.
    (2) Consensus. If the delegated agency, the Minerals Management 
Service, and the U.S. Coast Guard reach a consensus decision on the 
request within 90 days from the date the delegated agency received the 
request, the delegated agency may issue a preliminary determination in 
accordance with the applicable requirements of paragraph (f) of this 
section.
    (3) No consensus. If the delegated agency, the Minerals Management 
Service, and the U.S. Coast Guard do not reach a consensus decision 
within 90 days from the date the delegated agency received the request, 
the request shall automatically be referred to the Administrator who 
will process the referral in accordance with paragraph (f)(3) of this 
section. The delegated agency shall transmit to the Administrator, 
within 91 days of its receipt, the request and all materials submitted 
with the request, such as the permit application or the compliance plan, 
and any other information considered or developed during the 
consultation process.
    (4) If a request is referred to the Administrator and the delegated 
agency issues a preliminary determination on a permit application before 
the Administrator issues a final decision on the exemption, the 
delegated agency shall include a notice of the opportunity to comment on 
the Administrator's preliminary determination in accordance with the 
procedures of paragraph (f)(4) of this section.
    (5) The Administrator's final decision on a request that has been 
referred pursuant to paragraph (c) of this section shall be incorporated 
into the final permit issued by the delegated agency. If no permit is 
required, the Administrator's final decision on the request shall be 
implemented and enforced by the delegated agency.
    (d) Preliminary determination. The Administrator or delegated agency 
shall issue a preliminary determination in accordance with paragraph (f) 
of this section. A preliminary determination shall propose to grant or 
deny the request for exemption. A preliminary determination to grant the 
request shall include proposed substitute control requirements and 
offsets necessary to

[[Page 124]]

comply with the requirements of paragraph (e) of this section.
    (e) Grant of exemption. (1) The source shall comply with a 
substitute requirement(s), equal to or as close in stringency to the 
original requirement as possible, as determined by the Administrator or 
delegated agency.
    (2) An OCS source located within 25 miles of States' seaward 
boundaries shall offset residual emissions resulting from the grant of 
an exemption request in accordance with the requirements of the Act and 
the regulations thereunder. The source shall obtain offsets in 
accordance with the applicable requirements as follows:
    (i) If offsets are required in the COA, a new source shall offset 
residual emissions in the same manner as all other new source emissions 
in accordance with the requirements of Sec. 55.5(d) of this part.
    (ii) If offsets are not required in the COA, a new source shall 
comply with an offset ratio of 1:1.
    (iii) An existing OCS source shall comply with an offset at a ratio 
of 1:1.
    (3) An OCS source located beyond 25 miles from States' seaward 
boundaries shall obtain emission reductions at a ratio determined by the 
Administrator to be adequate to protect State and Federal ambient air 
quality standards and to comply with part C of title I of the Act.
    (f) Administrative procedures and public participation--(1) Request 
submitted with a permit application. If a request is submitted with a 
permit application, the request shall be considered part of the permit 
application and shall be processed accordingly for the purpose of 
administrative procedures and public notice and comment requirements. 
The Administrator shall comply with the requirements of 40 CFR part 124 
and the requirements set forth at Sec. 55.6 of this part. If the 
Administrator has delegated authority to a State, the delegated agency 
shall use its own procedures as deemed adequate by the Administrator in 
accordance with Sec. 55.11 of this part. These procedures must provide 
for public notice and comment on the preliminary determination.
    (2) Request submitted without a permit or with a compliance plan. If 
a permit is not required, the Administrator or the delegated agency 
shall issue a preliminary determination within 90 days from the date the 
request was received, and shall use the procedures set forth at 
paragraph (f)(4) of this section for processing a request.
    (3) Referral. If a request is referred to the Administrator pursuant 
to paragraph (c) of this section, the Administrator shall make a 
preliminary determination no later than 30 days after receipt of the 
request and any accompanying materials transmitted by the delegated 
agency. The Administrator shall use the procedures set forth at 
paragraph (f)(4) of this section for processing a request.
    (4) The Administrator or the delegated agency shall comply with the 
following requirements for processing requests submitted without a 
permit, with a compliance plan, and requests referred to the 
Administrator:
    (i) Issue a preliminary determination to grant or deny the request. 
A preliminary determination by the Administrator to deny a request shall 
be considered a final decision and will be accompanied by the reasons 
for the decision. As such, it is not subject to any further public 
notice, comment, or hearings. Written notice of the denial shall be 
given to the requester.
    (ii) Make available, in at least one location in the COA and NOA, 
which may be a public Web site identified by the Administrator or 
delegated agency, a copy of all materials submitted by the requester, a 
copy of the preliminary determination, and a copy or summary of other 
materials, if any, considered in making the preliminary determination.
    (iii) Notify the public, by prominent advertisement in a newspaper 
of general circulation in the COA and NOA or on a public Web site 
identified by the Administrator or delegated agency, of a 30-day 
opportunity for written public comment on the information submitted by 
the owner or operator and on the preliminary determination.
    (iv) Send a copy of the notice required pursuant to paragraph 
(f)(4)(iii) of this section to the requester, the affected source, each 
person from whom a written request of such notice has been received, and 
the following officials and agencies having jurisdiction

[[Page 125]]

over the COA and NOA: State and local air pollution control agencies, 
the chief executive of the city and county, the Federal Land Manager of 
potentially affected Class I areas, and any Indian governing body whose 
lands may be affected by emissions from the OCS source.
    (v) Consider written public comments received within 30 days after 
the date the public notice is made available when making the final 
decision on the request. All comments will be made available for public 
inspection. At the time that any final decision is issued, the 
Administrator or delegated agency will issue a response to comments.
    (vi) Make a final decision on the request within 30 days after the 
close of the public comment period. The Administrator or the delegated 
agency will notify, in writing, the applicant and each person who has 
submitted written comments, or from whom a written request of such 
notice has been received, of the final decision and will set forth the 
reasons. Such notification will be made available for public inspection.
    (5) Within 30 days after the final decision has been made on a 
request, the requester, or any person who filed comments on the 
preliminary determination, may petition the Administrator to review any 
aspect of the decision. Any person who failed to file comments on the 
preliminary decision may petition for administrative review only on the 
changes from the preliminary to the final determination.

[57 FR 40806, Sept. 4, 1992, as amended at 81 FR 71630, Oct. 18, 2016]



Sec. 55.8  Monitoring, reporting, inspections, and compliance.

    (a) The Administrator may require monitoring or reporting and may 
authorize inspections pursuant to section 114 of the Act and the 
regulations thereunder. Sources shall also be subject to the 
requirements set forth in Secs. 55.13 and 55.14 of this part.
    (b) All monitoring, reporting, inspection and compliance 
requirements authorized under the Act shall apply.
    (c) An existing OCS source that is not required to obtain a permit 
to operate within 24 months of the date of promulgation of this part 
shall submit a compliance report to the Administrator or delegated 
agency within 25 months of promulgation of this part. The compliance 
report shall specify all the applicable OCS requirements of this part 
and a description of how the source has complied with these 
requirements.
    (d) The Administrator or the delegated agency shall consult with the 
Minerals Management Service and the U.S. Coast Guard prior to 
inspections. This shall in no way interfere with the ability of EPA or 
the delegated agency to conduct unannounced inspections.

(Approved by the Office of Management and Budget under control number 
2060-0249)

[57 FR 40806, Sept. 4, 1992, as amended at 58 FR 16626, Mar. 30, 1993]



Sec. 55.9  Enforcement.

    (a) OCS sources shall comply with all requirements of this part and 
all permits issued pursuant to this part. Failure to do so shall be 
considered a violation of section 111(e) of the Act.
    (b) All enforcement provisions of the Act, including, but not 
limited to, the provisions of sections 113, 114, 120, 303 and 304 of the 
Act, shall apply to OCS sources.
    (c) If a facility is ordered to cease operation of any piece of 
equipment due to enforcement action taken by EPA or a delegated agency 
pursuant to this part, the shutdown will be coordinated by the enforcing 
agency with the Minerals Management Service and the U.S. Coast Guard to 
assure that the shutdown will proceed in a safe manner. No shutdown 
action will occur until after consultation with these agencies, but in 
no case will initiation of the shutdown be delayed by more than 24 
hours.



Sec. 55.10  Fees.

    (a) OCS sources located within 25 miles of States' seaward 
boundaries. (1) The EPA will calculate and collect operating permit fees 
from OCS sources in accordance with the requirements of 40 CFR part 71.
    (2) EPA will collect all other fees from OCS sources calculated in 
accordance with the fee requirements imposed in the COA if the fees are 
based

[[Page 126]]

on regulatory objectives, such as discouraging emissions. If the fee 
requirements are based on cost recovery objectives, however, EPA will 
adjust the fees to reflect the costs to EPA to issue permits and 
administer the permit program.
    (3) Upon delegation, the delegated agency will collect fees from OCS 
sources calculated in accordance with the fee requirements imposed in 
the COA. Upon delegation of authority to implement and enforce any 
portion of this part, EPA will cease to collect fees imposed in 
conjunction with that portion.
    (b) The OCS sources located beyond 25 miles of States' seaward 
boundaries. The EPA will calculate and collect operating permit fees 
from OCS sources in accordance with the requirements of 40 CFR part 71.

[57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996]



Sec. 55.11  Delegation.

    (a) The Governor or the Governor's designee of any State adjacent to 
an OCS source subject to the requirements of this part may submit a 
request, purusant to section 328(a)(3) of the Act, to the Administrator 
for the authority to implement and enforce the requirements of this OCS 
program: Within 25 miles of the State's seaward boundary; and/or Beyond 
25 miles of the State's seaward boundary. Authority to implement and 
enforce Secs. 55.5, 55.11, and 55.12 of this part will not be delegated.
    (b) The Administrator will delegate implementation and enforcement 
authority to a State if the State has an adjacent OCS source and the 
Administrator determines that the State's regulations are adequate, 
including a demonstration by the State that the State has:
    (1) Adopted the appropriate portions of this part into State law;
    (2) Adequate authority under State law to implement and enforce the 
requirements of this part. A letter from the State Attorney General 
shall be required stating that the requesting agency has such authority;
    (3) Adequate resources to implement and enforce the requirements of 
this part; and
    (4) Adequate administrative procedures to implement and enforce the 
requirements of this part, including public notice and comment 
procedures.
    (c) The Administrator will notify in writing the Governor or the 
Governor's designee of the Administrator's final action on a request for 
delegation within 6 months of the receipt of the request.
    (d) If the Administrator finds that the State regulations are 
adequate, the Administrator will authorize the State to implement and 
enforce the OCS requirements under State law. If the Administrator finds 
that only part of the State regulations are adequate, he will authorize 
the State to implement and enforce only that portion of this part.
    (e) Upon delegation, a State may use any authority it possesses 
under State law to enforce any permit condition or any other requirement 
of this part for which the agency has delegated authority under this 
part. A State may use any authority it possesses under State law to 
require monitoring and reporting and to conduct inspections.
    (f) Nothing in this part shall prohibit the Administrator from 
enforcing any requirement of this part.
    (g) The Administrator will withdraw a delegation of any authority to 
implement and enforce any or all of this part if the Administrator 
determines that: (1) The requirements of this part are not being 
adequately implemented or enforced by the delegated agency, or (2) The 
delegated agency no longer has adequate regulations as required by 
Sec. 55.11(b) of this part.
    (h) Sharing of information. Any information obtained or used in the 
administration of a delegated program shall be made available to EPA 
upon request without restriction. If the information has been submitted 
to the delegated agency under a claim of confidentiality, the delegated 
agency must notify the source of this obligation and submit that claim 
to EPA. Any information obtained from a delegated agency accompanied by 
a claim of confidentiality will be treated in accordance with the 
requirements of 40 CFR part 2.
    (i) Grant of exemptions. A decision by a delegated agency to grant 
or deny an exemption request may be appealed to

[[Page 127]]

the Administrator in accordance with Sec. 55.7 of this part.
    (j) Delegated authority. The delegated agency in the COA for sources 
located within 25 miles of the State's seaward boundary or the delegated 
agency in the NOA for sources located beyond 25 miles of the State's 
seaward boundary will exercise all delegated authority. If there is no 
delegated agency in the COA for sources located within 25 miles of the 
State's seaward boundary, or in the NOA for sources located beyond 25 
miles of the State's seaward boundary, the EPA will issue the permit and 
implement and enforce the requirements of this part. For sources located 
within 25 miles of the State's seaward boundary, the Administrator may 
retain the authority for implementing and enforcing the requirements of 
this part if the NOA and COA are in different States.

[57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46409, Sept. 2, 1997]



Sec. 55.12  Consistency updates.

    (a) The Administrator will update this part as necessary to maintain 
consistency with the regulations of onshore areas in order to attain and 
maintain Federal and State ambient standards and comply with part C of 
title I of the Act.
    (b) Where an OCS activity is occurring within 25 miles of a State 
seaward boundary, consistency reviews will occur at least annually. In 
addition, in accordance with paragraphs (c) and (d) of this section, 
consistency reviews will occur upon receipt of an NOI and when a State 
or local agency submits a rule to EPA to be considered for incorporation 
by reference in this part 55.
    (1) Upon initiation of a consistency review, the Administrator will 
evaluate the requirements of part 55 to determine whether they are 
consistent with the current onshore requirements.
    (2) If the Administrator finds that part 55 is inconsistent with the 
requirements in effect in the onshore area, EPA will conduct a notice 
and comment rulemaking to update part 55 accordingly.
    (c) Consistency reviews triggered by receipt of an NOI. Upon receipt 
of an NOI, the Administrator will initiate a consistency review of 
regulations in the onshore area.
    (1) If the NOI is submitted by a source for which the COA has 
previously been assigned, EPA will publish a proposed consistency update 
in the Federal Register no later than 60 days after the receipt of the 
NOI, if an update is deemed necessary by the Administrator:
    (2) If the NOI is submitted by a source requiring a COA designation, 
EPA will publish a proposed consistency update in the Federal Register, 
if an update is deemed necessary by the Administrator:
    (i) No later than 75 days after receipt of the NOI if no adjacent 
areas submit a request for COA designation and the NOA becomes the COA 
by default, or
    (ii) No later than 105 days after receipt of the NOI if an adjacent 
area submits a request to be designated as COA but fails to submit the 
required demonstration within 90 days of receipt of the NOI, or
    (iii) No later than 15 days after the date of the final COA 
determination if one or more demonstrations are received.
    (d) Consistency reviews triggered by State and local air pollution 
control agencies submitting rules directly to EPA for inclusion into 
part 55. (1) EPA will propose in the Federal Register to approve 
applicable rules submitted by State or local regulatory agencies for 
incorporation by reference into Sec. 55.14 of this part by the end of 
the calendar quarter following the quarter in which the submittal is 
received by EPA.
    (2) State and local rules submitted for inclusion in part 55 must be 
rationally related to the attainment and maintenance of Federal or State 
ambient air quality standards or to the requirements of part C of title 
I of the Act. The submittal must be legible and unmarked, with the 
adoption date and the name of the agency on each page, and must be 
accompanied by proof of adoption.
    (e) No rule or regulation that EPA finds to be arbitrary or 
capricious will be incorporated into this part.
    (f) A source may not submit a complete permit application until any 
update the Administrator deems necessary to make part 55 consistent with 
the COA's rules has been proposed.

[[Page 128]]



Sec. 55.13  Federal requirements that apply to OCS sources.

    (a) The requirements of this section shall apply to OCS sources as 
set forth below. In the event that a requirement of this section 
conflicts with an applicable requirement of Sec. 55.14 of this part and 
a source cannot comply with the requirements of both sections, the more 
stringent requirement shall apply.
    (b) In applying the requirements incorporated into this section:
    (1) New Source means new OCS source; and
    (2) Existing Source means existing OCS source; and
    (3) Modification means a modification to an OCS source.
    (4) For requirements adopted prior to promulgation of this part, 
language in such requirements limiting the applicability of the 
requirements to onshore sources or to sources within State boundaries 
shall not apply.
    (c) 40 CFR part 60 (NSPS) shall apply to OCS sources in the same 
manner as in the COA, except that any source determined to be an 
existing source pursuant to Sec. 55.3(e) of this part shall not be 
considered a ``new source'' for the purpose of NSPS adopted before 
December 5, 1991.
    (d) 40 CFR 52.21 (PSD) shall apply to OCS sources:
    (1) Located within 25 miles of a State's seaward boundary if the 
requirements of 40 CFR 52.21 are in effect in the COA;
    (2) Located beyond 25 miles of States' seaward boundaries.
    (e) 40 CFR part 61, together with any other provisions promulgated 
pursuant to section 112 of the Act, shall apply if rationally related to 
the attainment and maintenance of Federal or State ambient air quality 
standards or the requirements of part C of title I of the Act.
    (f) 40 CFR part 71 shall apply to OCS sources:
    (1) Located within 25 miles of States' seaward boundaries if the 
requirements of 40 CFR part 71 are in effect in the COA.
    (2) Located beyond 25 miles of States' seaward boundaries.
    (3) When an operating permits program approved pursuant to 40 CFR 
part 70 is in effect in the COA and a Federal operating permit is issued 
to satisfy an EPA objection pursuant to 40 CFR 71.4(e).
    (g) The provisions of 40 CFR 52.10, 40 CFR 52.24, and 40 CFR part 51 
and accompanying appendix S shall apply to OCS sources located within 25 
miles of States' seaward boundaries, if these requirements are in effect 
in the COA.
    (h) If the Administrator determines that additional requirements are 
necessary to protect Federal and State ambient air quality standards or 
to comply with part C of title I, such requirements will be incorporated 
in this part.

[57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996]



Sec. 55.14  Requirements that apply to OCS sources located within 25 
miles of States' seaward boundaries, by State.

    (a) The requirements of this section shall apply to OCS sources as 
set forth below. In the event that a requirement of this section 
conflicts with an applicable requirement of Sec. 55.13 of this part and 
a source cannot comply with the requirements of both sections, the more 
stringent requirement shall apply.
    (b) In applying the requirements incorporated into this section:
    (1) New Source means new OCS source; and
    (2) Existing Source means existing OCS source; and
    (3) Modification means a modification to an existing OCS source.
    (4) For requirements adopted prior to promulgation of this part, 
language in such requirements limiting the applicability of the 
requirements to onshore sources or to sources within State boundaries 
shall not apply.
    (c) During periods of EPA implementation and enforcement of this 
section, the following shall apply:
    (1) Any reference to a State or local air pollution control agency 
or air pollution control officer shall mean EPA or the Administrator, 
respectively.
    (2) Any submittal to State or local air pollution control agency 
shall instead be submitted to the Administrator through the EPA Regional 
Office.

[[Page 129]]

    (3) Nothing in this section shall alter or limit EPA's authority to 
administer or enforce the requirements of this part under Federal law.
    (4) EPA shall not be bound by any State or local administrative or 
procedural requirements including, but not limited to, requirements 
pertaining to hearing boards, permit issuance, public notice procedures, 
and public hearings. EPA will follow the applicable procedures set forth 
elsewhere in this part, in 40 CFR part 124, and in Federal rules 
promulgated pursuant to title V of the Act (as such rules apply in the 
COA), when administering this section.
    (5) Only those requirements of 40 CFR part 52 that are rationally 
related to the attainment and maintenance of Federal or State ambient 
air quality standards or part C of title I shall apply to OCS sources.
    (d) Implementation Plan Requirements. (1) [Reserved]
    (2) Alaska.
    (i) 40 CFR part 52, subpart C.
    (ii) [Reserved]
    (3) California.
    (i) 40 CFR part 52, subpart F.
    (ii) [Reserved]
    (4) [Reserved]
    (5) Delaware.
    (i) 40 CFR part 52, subpart I.
    (ii) [Reserved]
    (6) Florida.
    (i) 40 CFR part 52, subpart K.
    (ii) [Reserved]
    (7)-(9) [Reserved]
    (10) Maryland.
    (i) 40 CFR part 52, subpart V.
    (ii) [Reserved]
    (11) Massachusetts.
    (i) 40 CFR part 52, subpart W.
    (ii) [Reserved]
    (12)-(14) [Reserved]
    (15) New Jersey
    (i) 40 CFR part 52, subpart FF.
    (ii) [Reserved]
    (16) New York.
    (i) 40 CFR part 52, subpart HH.
    (ii) [Reserved]
    (17) North Carolina.
    (i) 40 CFR part 52, subpart II.
    (ii) [Reserved]
    (18)-(21) [Reserved]
    (22) Virginia.
    (i) 40 CFR part 52, subpart VV.
    (ii) [Reserved]
    (23) [Reserved]
    (e) State and local requirements. State and local requirements 
promulgated by EPA as applicable to OCS sources located within 25 miles 
of States' seaward boundaries have been compiled into separate documents 
organized by State and local areas of jurisdiction. These documents, set 
forth below, are incorporated by reference. This incorporation by 
reference was approved by the Director of the Federal Register Office in 
accordance with 5 U.S.C. 552 (a) and 40 CFR part 51. Copies may be 
inspected at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030 or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. Copies of rules 
pertaining to particular States or local areas may be inspected or 
obtained from the EPA Docket Center-Public Reading Room, EPA West 
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004 
or the appropriate EPA regional offices: U.S. EPA, Region I 
(Massachusetts) 5 Post Office Square, Boston, MA 02109-3912; U.S. EPA, 
Region III (Delaware, Maryland, and Virginia) 1650 Arch Street, 
Philadelphia, PA 19103, (215) 814-5000; U.S. EPA, Region 4 (Florida and 
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region 
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S. 
EPA Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. For an 
informational listing of the State and local requirements incorporated 
into this part, which are applicable to sources of air pollution located 
on the OCS, see appendix A to this part.
    (1) [Reserved]
    (2) Alaska.
    (i) State requirements.
    (A) State of Alaska Requirements Applicable to OCS Sources, December 
9, 2010.
    (B) [Reserved]
    (ii) Local requirements.
    (A) South Central Alaska Clean Air Authority Requirements Applicable 
to OCS Sources, August 21, 1992.
    (B) [Reserved]
    (3) California.
    (i) State requirements.

[[Page 130]]

    (A) State of California Requirements Applicable to OCS Sources, 
February 2006.
    (ii) Local requirements.
    (A)-(D) [Reserved]
    (E) San Luis Obispo County Air Pollution Control District 
Requirements Applicable to OCS Sources, February 2000.
    (F) Santa Barbara County Air Pollution Control District Requirements 
Applicable to OCS Sources, May 2013.
    (G) South Coast Air Quality Management District Requirements 
Applicable to OCS Sources (Parts I, II and III), September 2009.
    (H) Ventura County Air Pollution Control District Requirements 
Applicable to OCS Sources, October 2012.
    (4) [Reserved]
    (5) Delaware.
    (i) State requirements.
    (A) State of Delaware Requirements Applicable to OCS Sources, 
December 19, 2008.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
    (6) Florida.
    (i) State requirements.
    (A) State of Florida Requirements Applicable to OCS Sources, January 
2, 2008.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
    (7)-(9) [Reserved]
    (10) Maryland.
    (i) State requirements.
    (A) State of Maryland Requirements Applicable to OCS Sources, May 6, 
2016.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
    (11) Massachusetts.
    (i) State requirements.
    (A) Commonwealth of Massachusetts Requirements Applicable to OCS 
Sources, May 20, 2010.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
    (12)-(14) [Reserved]
    (15) New Jersey
    (i) State Requirements.
    (A) State of New Jersey Requirements Applicable to OCS Sources, 
August 13, 2009.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
    (16) New York.
    (i) State Requirements.
    (A) State of New York Requirements Applicable to OCS Sources, 
October 20, 2007
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
    (17) North Carolina.
    (i) State requirements.
    (A) State of North Carolina Air Pollution Control Requirements 
Applicable to OCS Sources, January 2, 2008.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
    (18)-(21) [Reserved]
    (22) Virginia.
    (i) State requirements.
    (A) Outer Continental Shelf Air Regulations Consistency Update for 
Virginia, in effect as of March 2, 2011.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
    (23) [Reserved]

[57 FR 40806, Sept. 4, 1992]

    Editorial Note: For Federal Register citations affecting Sec. 55.14, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.



Sec. 55.15  Specific designation of corresponding onshore areas.

    (a) California.
    (1) The South Coast Air Quality Management District is designated as 
the COA for the following OCS facilities: Edith, Ellen, Elly, and 
Eureka.
    (2) The Ventura County Air Pollution Control District is designated 
as the COA for the following OCS facilities: Grace, Gilda, Gail and 
Gina.
    (3) The Santa Barbara County Air Pollution Control District is 
designated as the COA for the following OCS facilities: Habitat, 
Hacienda, Harmony, Harvest, Heather, Henry, Heritage, Hermosa, Hidalgo, 
Hillhouse, Hogan, Houchin, Hondo, Irene, Independence (formerly Iris), 
the OS and T, and Union A, B, and C.
    (b) [Reserved]

[58 FR 14159, Mar. 16, 1993]

[[Page 131]]



  Sec. Appendix A to Part 55--Listing of State and Local Requirements 
            Incorporated by Reference Into Part 55, by State

    This appendix lists the titles of the State and local requirements 
that are contained within the documents incorporated by reference into 
40 CFR part 55.

                                 Alaska

    (a) State requirements.
    (1) The following State of Alaska requirements are applicable to OCS 
Sources, December 9, 2010, Alaska Administrative Code--Department of 
Environmental Conservation. The following sections of Title 18, Chapter 
50:

                Article 1. Ambient Air Quality Management

18 AAC 50.005. Purpose and Applicability of Chapter (effective 10/01/
2004)
18 AAC 50.010. Ambient Air Quality Standards (effective 04/01/2010)
18 AAC 50.015. Air Quality Designations, Classification, and Control 
Regions (effective 12/09/2010) except (b)(1), (b)(3) and (d)(2)

                  Table 1. Air Quality Classifications

18 AAC 50.020. Baseline Dates and Maximum Allowable Increases (effective 
07/25/2008)

                         Table 2. Baseline Dates

                  Table 3. Maximum Allowable Increases

18 AAC 50.025. Visibility and Other Special Protection Areas (effective 
06/21/1998)
18 AAC 50.030. State Air Quality Control Plan (effective 10/29/2010)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by Reference 
(effective 04/01/2010)
18 AAC 50.040. Federal Standards Adopted by Reference (effective12/09/
2010) except (h)(2)
18 AAC 50.045. Prohibitions (effective 10/01/2004)
18 AAC 50.050. Incinerator Emissions Standards (effective 07/25/2008)

         Table 4. Particulate Matter Standards for Incinerators

18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment 
(effective 12/09/2010) except (a)(3) through (a)(9), (b)(2)(A), (b)(3) 
through (b)(6), (e) and (f)
18 AAC 50.065. Open Burning (effective 01/18/1997)
18 AAC 50.070. Marine Vessel Visible Emission Standards (effective 06/
21/1998)
18 AAC 50.075. Wood-Fired Heating Device Visible Emission Standards 
(effective 05/06/2009)
18 AAC 50.080. Ice Fog Standards (effective 01/18/1997)
18 AAC 50.085. Volatile Liquid Storage Tank Emission Standards 
(effective 01/18/1997)
18 AAC 50.090. Volatile Liquid Loading Racks and Delivery Tank Emission 
Standards (effective 07/25/2008)
18 AAC 50.100. Nonroad Engines (effective 10/01/2004)
18 AAC 50.110. Air Pollution Prohibited (effective 05/26/1972)

                    Article 2. Program Administration

18 AAC 50.200. Information Requests (effective 10/01/2004)
18 AAC 50.201. Ambient Air Quality Investigation (effective 10/01/2004)
18 AAC 50.205. Certification (effective 10/01/2004) except (b)
18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 10/29/
2010)

                Table 5. Significant Impact Levels (SILs)

18 AAC 50.220. Enforceable Test Methods (effective 10/01/2004)
18 AAC 50.225 Owner-Requested Limits (effective 12/09/2010) except (c) 
through (g)
18 AAC 50.230. Preapproved Emission Limits (effective 07/01/2010) except 
(d)
18 AAC 50.235. Unavoidable Emergencies and Malfunctions (effective 10/
01/2004)
18 AAC 50.240. Excess Emissions (effective 10/01/2004)
18 AAC 50.245. Air Episodes and Advisories (effective 10/01/2004)

            Table 6. Concentrations Triggering an Air Episode

               Article 3. Major Stationary Source Permits

18 AAC 50.301. Permit Continuity (effective 10/01/2004) except (b)
18 AAC 50.302. Construction Permits (effective 12/09/2010)
18 AAC 50.306. Prevention of Significant Deterioration (PSD) Permits 
(effective 12/09/2010) except (c) and (e)
18 AAC 50.311. Nonattainment Area Major Stationary Source Permits 
(effective 10/01/2004) except (c)
18 AAC 50.316. Preconstruction Review for Construction or Reconstruction 
of a Major Source of Hazardous Air Pollutants (effective 12/01/2004) 
except (c)
18 AAC 50.321. Case-By-Case Maximum Achievable Control Technology 
(effective 12/01/04)
18 AAC 50.326. Title V Operating Permits (effective12/01/2004) except 
(c)(1), (h), (i)(3), (j)(5), (j)(6), (k)(1), (k)(3), (k)(5), and (k)(6)
18 AAC 50.345. Construction, Minor and Operating Permits: Standard 
Permit Conditions (effective 11/09/2008)
18 AAC 50.346. Construction and Operating Permits: Other Permit 
Conditions (effective 12/09/2010)

[[Page 132]]

              Table 7. Standard Operating Permit Condition

                          Article 4. User Fees

18 AAC 50.400. Permit Administration Fees (effective 07/01/2010) except 
(a)(2), (a)(5), (j)(2) through (j)(5), (j)(8), and (j)(13)
18 AAC 50.403. Negotiated Service Agreements (effective 07/01/2010)
18 AAC 50.410. Emission Fees (effective 07/10/2010)
18 AAC 50.499. Definition for User Fee Requirements (effective 01/29/
2005)

                        Article 5. Minor Permits

18 AAC 50.502. Minor Permits for Air Quality Protection (effective 12/
09/2010) except (b)(1) through (b)(3), (b)(5), (d)(1)(A) and (d)(2)(A)
18 AAC 50.508. Minor Permits Requested by the Owner or Operator 
(effective 12/07/2010)
18 AAC 50.510. Minor Permit--Title V Permit Interface (effective 12/09/
2010)
18 AAC 50.540. Minor Permit: Application (effective 12/09/2010)
18 AAC 50.542. Minor Permit: Review and Issuance (effective 12/09/2010) 
except (a), (b), (c), and (d)
18 AAC 50.544. Minor Permits: Content (effective 12/09/2010)
18 AAC 50.560. General Minor Permits (effective 10/01/2004) except (b)

                      Article 9. General Provisions

18 AAC 50.990. Definitions (effective 12/09/2010)

                               California

    (a) State requirements.
    (1) The following requirements are contained in State of California 
Requirements Applicable to OCS Sources, February 2006:

                 Barclays California Code of Regulations

    The following sections of Title 17 Subchapter 6:

17 Sec. 92000--Definitions (Adopted 5/31/91)
17 Sec. 92100--Scope and Policy (Adopted 5/31/91)
17 Sec. 92200--Visible Emission Standards (Adopted 5/31/91)
17 Sec. 92210--Nuisance Prohibition (Adopted 5/31/91)
17 Sec. 92220--Compliance with Performance Standards (Adopted 5/31/91)
17 Sec. 92400--Visible Evaluation Techniques (Adopted 5/31/91)
17 Sec. 92500--General Provisions (Adopted 5/31/91)
17 Sec. 92510--Pavement Marking (Adopted 5/31/91)
17 Sec. 92520--Stucco and Concrete (Adopted 5/31/91)
17 Sec. 92530--Certified Abrasive (Adopted 5/31/91)
17 Sec. 92540--Stucco and Concrete (Adopted 5/31/91)
17 Sec. 93115--Airborne Toxic Control Measure for Stationary Compression 
          Ignition Engines (Adopted 2/26/04)

                         Health and Safety Code

    The following section of Division 26, Part 4, Chapter 4, Article 1:
    Health and Safety Code Sec. 42301.13 of seq. Stationary sources: 
demolition or removal (chaptered 7/25/96)

    (b) Local requirements.
    (1)-(4) [Reserved]
    (5) The following requirements are contained in San Luis Obispo 
County Air Pollution Control District Requirements Applicable to OCS 
Sources, February 2000:
Rule 103 Conflicts Between District, State and Federal Rules (Adopted 8/
6/76)
Rule 105 Definitions (Adopted 1/24/96)
Rule 106 Standard Conditions (Adopted 8/6/76)
Rule 108 Severability (Adopted 11/13/84)
Rule 113 Continuous Emissions Monitoring, except F. (Adopted 7/5/77)
Rule 201 Equipment not Requiring a Permit, except A.1.b. (Revised 4/26/
95)
Rule 202 Permits, except A.4. and A.8. (Adopted 11/5/91)
Rule 203 Applications, except B. (Adopted 11/5/91)
Rule 204 Requirements, except B.3. and C. (Adopted 8/10/93)
Rule 209 Provision for Sampling and Testing Facilities (Adopted 11/5/91)
Rule 210 Periodic Inspection, Testing and Renewal of Permits to Operate 
(Adopted 11/5/91)
Rule 213 Calculations, except E.4. and F. (Adopted 8/10/93)
Rule 302 Schedule of Fees (Adopted 6/18/97)
Rule 305 Fees for Major Non-Vehicular Sources (Adopted 9/15/92)
Rule 401 Visible Emissions (Adopted 8/6/76)
Rule 403 Particulate Matter Emissions (Adopted 8/6/76)
Rule 404 Sulfur Compounds Emission Standards, Limitations and 
Prohibitions (Revised 12/6/76)
Rule 405 Nitrogen Oxides Emission Standards, Limitations and 
Prohibitions (Adopted 11/16/93)
Rule 406 Carbon Monoxide Emission Standards, Limitations and 
Prohibitions (Adopted 11/14/84)
Rule 407 Organic Material Emission Standards, Limitations and 
Prohibitions (Adopted 5/22/96)
Rule 411 Surface Coating of Metal Parts and Products (Adopted 1/28/98)
Rule 416 Degreasing Operations (Adopted 6/18/79)
Rule 417 Control of Fugitive Emissions of Volatile Organic Compounds 
(Adopted 2/9/93)
Rule 419 Petroleum Pits, Ponds, Sumps, Well Cellars, and Wastewater 
Separators (Revised 7/12/94)

[[Page 133]]

Rule 422 Refinery Process Turnarounds (Adopted 6/18/79)
Rule 425 Storage of Volatile Organic Compounds (Adopted 7/12/94)
Rule 427 Marine Tanker Loading (Adopted 4/26/95)
Rule 429 Oxides of Nitrogen and Carbon Monoxide Emissions from Electric 
Power Generation Boilers (Revised 11/12/97)
Rule 430 Control of Oxides of Nitrogen from Industrial, Institutional, 
Commercial Boilers, Steam Generators, and Process Heaters (Adopted 7/26/
95)
Rule 431 Stationary Internal Combustion Engines (Adopted 11/13/96)
Rule 501 General Burning Provisions (Adopted 1/10/89)
Rule 503 Incinerator Burning, except B.1.a. (Adopted 2/7/89)
Rule 601 New Source Performance Standards (Adopted 5/28/97)

    (6) The following requirements are contained in Santa Barbara County 
Air Pollution Control District Requirements Applicable to OCS Sources:

Rule 102  Definitions (Adopted 06/21/12)
Rule 103  Severability (Adopted 10/23/78)
Rule 106  Notice to Comply for Minor Violations (Repealed 01/01/2001)
Rule 107  Emergencies (Adopted 04/19/01)
Rule 201  Permits Required (Adopted 06/19/08)
Rule 202  Exemptions to Rule 201 (Adopted 06/21/12)
Rule 203  Transfer (Adopted 04/17/97)
Rule 204  Applications (Adopted 04/17/97)
Rule 205  Standards for Granting Permits (Adopted 04/17/97)
Rule 206  Conditional Approval of Authority to Construct or Permit to 
Operate (Adopted 10/15/91)
Rule 207  Denial of Application (Adopted 10/23/78)
Rule 210  Fees (Adopted 03/17/05)
Rule 212  Emission Statements (Adopted 10/20/92)
Rule 301  Circumvention (Adopted 10/23/78)
Rule 302  Visible Emissions (Adopted 10/23/78)
Rule 304  Particulate Matter-Northern Zone (Adopted 10/23/78)
Rule 305  Particulate Matter Concentration-Southern Zone (Adopted 10/23/
78)
Rule 306  Dust and Fumes-Northern Zone (Adopted 10/23/78)
Rule 307  Particulate Matter Emission Weight Rate-Southern Zone (Adopted 
10/23/78)
Rule 308  Incinerator Burning (Adopted 10/23/78)
Rule 309  Specific Contaminants (Adopted 10/23/78)
Rule 310  Odorous Organic Sulfides (Adopted 10/23/78)
Rule 311  Sulfur Content of Fuels (Adopted 10/23/78)
Rule 312  Open Fires (Adopted 10/02/90)
Rule 316  Storage and Transfer of Gasoline (Adopted 01/15/09)
Rule 317  Organic Solvents (Adopted 10/23/78)
Rule 318  Vacuum Producing Devices or Systems-Southern Zone (Adopted 10/
23/78)
Rule 321  Solvent Cleaning Operations (Adopted 06/21/12)
Rule 322  Metal Surface Coating Thinner and Reducer (Adopted 10/23/78)
Rule 323  Architectural Coatings (Adopted 11/15/01)
Rule 324  Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325  Crude Oil Production and Separation (Adopted 07/19/01)
Rule 326  Storage of Reactive Organic Compound Liquids (Adopted 01/18/
01)
Rule 327  Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/85)
Rule 328  Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330  Surface Coating of Metal Parts and Products (Adopted 06/21/12)
Rule 331  Fugitive Emissions Inspection and Maintenance (Adopted 12/10/
91)
Rule 332  Petroleum Refinery Vacuum Producing Systems, Wastewater 
Separators and Process Turnarounds (Adopted 06/11/79)
Rule 333  Control of Emissions from Reciprocating Internal Combustion 
Engines (Adopted 06/19/08)
Rule 342  Control of Oxides of Nitrogen (NOX) from Boilers, 
Steam Generators and Process Heaters) (Adopted 04/17/97)
Rule 343  Petroleum Storage Tank Degassing (Adopted 12/14/93)
Rule 344  Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
Rule 346  Loading of Organic Liquid Cargo Vessels (Adopted 01/18/01)
Rule 349  Polyester Resin Operations (Adopted 06/21/12)
Rule 352  Natural Gas-Fired Fan-Type Central Furnaces and Residential 
Water Heaters (Adopted 10/20/11)
Rule 353  Adhesives and Sealants (Adopted 06/21/12)
Rule 359  Flares and Thermal Oxidizers (Adopted 06/28/94)
Rule 360  Emissions of Oxides of Nitrogen from Large Water Heaters and 
Small Boilers (Adopted 10/17/02)
Rule 361  Small Boilers, Steam Generators, and Process Heaters (Adopted 
01/17/08)
Rule 370  Potential to Emit--Limitations for Part 70 Sources (Adopted 
01/20/11)
Rule 505  Breakdown Conditions Sections A.,B.1,. and D. only (Adopted 
10/23/78)
Rule 603  Emergency Episode Plans (Adopted 06/15/81)
Rule 702  General Conformity (Adopted 10/20/94)
Rule 801  New Source Review (Adopted 04/17/97)
Rule 802  Nonattainment Review (Adopted 04/17/97)

[[Page 134]]

Rule 803  Prevention of Significant Deterioration (Adopted 04/17/97)
Rule 804  Emission Offsets (Adopted 04/17/97)
Rule 805  Air Quality Impact Analysis and Modeling (Adopted 04/17/97)
Rule 808  New Source Review for Major Sources of Hazardous Air 
Pollutants (Adopted 05/20/99)
Rule 810  Federal Prevention of Significant Deterioration (PSD) (Adopted 
01/20/11)
Rule 1301  Part 70 Operating Permits--General Information (Adopted 01/
20/11)
Rule 1302  Part 70 Operating Permits--Permit Application (Adopted 11/09/
93)
Rule 1303  Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304  Part 70 Operating Permits--Issuance, Renewal, Modification 
and Reopening (Adopted 11/09/93)
Rule 1305  Part 70 Operating Permits--Enforcement (Adopted 11/09/93)

    (7) The following requirements are contained in South Coast Air 
Quality Management District Requirements Applicable to OCS Sources 
(Parts I, II and III):

Rule 102 Definition of Terms (Adopted 12/3/04)
Rule 103 Definition of Geographical Areas (Adopted 01/9/76)
Rule 104 Reporting of Source Test Data and Analyses (Adopted 01/9/76)
Rule 108 Alternative Emission Control Plans (Adopted 04/6/90)
Rule 109 Recordkeeping for Volatile Organic Compound Emissions (Adopted 
08/18/00)
Rule 112 Definition of Minor Violation and Guidelines for Issuance of 
Notice to Comply (Adopted 11/13/98)
Rule 118 Emergencies (Adopted 12/07/95)
Rule 201 Permit to Construct (Adopted 12/03/04)
Rule 201.1 Permit Conditions in Federally Issued Permits to Construct 
(Adopted 12/03/04)
Rule 202 Temporary Permit to Operate (Adopted 12/03/04)
Rule 203 Permit to Operate (Adopted 12/03/04)
Rule 204 Permit Conditions (Adopted 03/6/92)
Rule 205 Expiration of Permits to Construct (Adopted 01/05/90)
Rule 206 Posting of Permit to Operate (Adopted 01/05/90)
Rule 207 Altering or Falsifying of Permit (Adopted 01/09/76)
Rule 208 Permit and Burn Authorization for Open Burning (Adopted 12/21/
01)
Rule 209 Transfer and Voiding of Permits (Adopted 01/05/90)
Rule 210 Applications (Adopted 01/05/90)
Rule 212 Standards for Approving Permits (Adopted 12/07/95) except 
(c)(3) and (e)
Rule 214 Denial of Permits (Adopted 01/05/90)
Rule 217 Provisions for Sampling and Testing Facilities (Adopted 01/05/
90)
Rule 218 Continuous Emission Monitoring (Adopted 05/14/99)
Rule 218.1 Continuous Emission Monitoring Performance Specifications 
(Adopted 05/14/99)
Rule 218.1 Attachment A--Supplemental and Alternative CEMS Performance 
Requirements (Adopted 05/14/99)
Rule 219 Equipment Not Requiring a Written Permit Pursuant to Regulation 
II (Adopted 6/1/07)
Rule 220 Exemption--Net Increase in Emissions (Adopted 08/07/81)
Rule 221 Plans (Adopted 01/04/85)
Rule 301 Permitting and Associated Fees (Adopted 5/2/08) except 
(e)(7)and Table IV
Rule 303 Hearing Board Fees (Adopted 5/2/08)
Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 5/2/08)
Rule 304.1 Analyses Fees (Adopted 5/2/08)
Rule 305 Fees for Acid Deposition (Rescinded 6/9/06)
Rule 306 Plan Fees (Adopted 5/2/08)
Rule 309 Fees for Regulation XVI (Adopted 5/2/08)
Rule 313 Authority to Adjust Fees and Due Dates (Adopted 5/2/08)
Rule 401 Visible Emissions (Adopted 11/09/01)
Rule 403 Fugitive Dust (Adopted 06/03/05)
Rule 404 Particulate Matter--Concentration (Adopted 02/07/86)
Rule 405 Solid Particulate Matter--Weight (Adopted 02/07/86)
Rule 407 Liquid and Gaseous Air Contaminants (Adopted 04/02/82)
Rule 408 Circumvention (Adopted 05/07/76)
Rule 409 Combustion Contaminants (Adopted 08/07/81)
Rule 429 Start-Up and Shutdown Exemption Provisions for Oxides of 
Nitrogen (Adopted 12/21/90)
Rule 430 Breakdown Provisions, (a) and (b) only (Adopted 07/12/96)
Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 06/12/98)
Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 09/15/00)
Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 05/7/76)
Rule 441 Research Operations (Adopted 05/7/76)
Rule 442 Usage of Solvents (Adopted 12/15/00)
Rule 444 Open Burning (Adopted 12/21/01)
Rule 463 Organic Liquid Storage (Adopted 05/06/05)
Rule 465 Refinery Vacuum-Producing Devices or Systems (Adopted 08/13/99)
Rule 468 Sulfur Recovery Units (Adopted 10/08/76)
Rule 473 Disposal of Solid and Liquid Wastes (Adopted 05/07/76)
Rule 474 Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/04/81)
Rule 475 Electric Power Generating Equipment (Adopted 08/07/78)
Rule 476 Steam Generating Equipment (Adopted 10/08/76)

[[Page 135]]

Rule 480 Natural Gas Fired Control Devices (Adopted 10/07/77) Addendum 
to Regulation IV (Effective 1977)
Rule 518 Variance Procedures for Title V Facilities (Adopted 08/11/95)
Rule 518.1 Permit Appeal Procedures for Title V Facilities (Adopted 08/
11/95)
Rule 518.2 Federal Alternative Operating Conditions (Adopted 12/21/01)
Rule 701 Air Pollution Emergency Contingency Actions (Adopted 06/13/97)
Rule 702 Definitions (Adopted 07/11/80)
Rule 708 Plans (Rescinded 09/08/95)
    Regulation IX Standard of Performance For New Stationary Sources 
(Adopted 4/4/08)
    Regulation X National Emission Standards for Hazardous Air 
Pollutants (Adopted 4/4/08)
Rule 1105.1 Reduction of PM 10 And Ammonia Emissions From 
Fluid Catalytic Cracking Units (Adopted 11/07/03)
Rule 1106 Marine Coating Operations (Adopted 01/13/95)
Rule 1107 Coating of Metal Parts and Products (Adopted 1/6/06)
Rule 1109 Emissions of Oxides of Nitrogen for Boilers and Process 
Heaters in Petroleum Refineries (Adopted 08/05/88)
Rule 1110 Emissions from Stationary Internal Combustion Engines 
(Demonstration) (Repealed 11/14/97)
Rule 1110.1 Emissions from Stationary Internal Combustion Engines 
(Rescinded 06/03/05)
Rule 1110.2 Emissions from Gaseous-and Liquid Fueled Engines (Adopted 2/
1/08)
Rule 1113 Architectural Coatings (Adopted 7/13/07)
Rule 1116.1 Lightering Vessel Operations-Sulfur Content of Bunker Fuel 
(Adopted 10/20/78)
Rule 1121 Control of Nitrogen Oxides from Residential-Type Natural Gas-
Fired Water Heaters (Adopted 09/03/04)
Rule 1122 Solvent Degreasers (Adopted 10/01/04)
Rule 1123 Refinery Process Turnarounds (Adopted 12/07/90)
Rule 1129 Aerosol Coatings (Rescinded 03/08/96)
Rule 1132 Further Control of VOC Emissions from High-Emitting Spray 
Booth Facilities (Adopted 5/5/06)
Rule 1134 Emissions of Oxides of Nitrogen from Stationary Gas Turbines 
(Adopted 08/08/97)
Rule 1136 Wood Products Coatings (Adopted 06/14/96)
Rule 1137 PM10 Emission Reductions from Woodworking Operations (Adopted 
02/01/02)
Rule 1140 Abrasive Blasting (Adopted 08/02/85)
Rule 1142 Marine Tank Vessel Operations (Adopted 07/19/91)
Rule 1146 Emissions of Oxides of Nitrogen from Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters (Adopted 9/5/08)
Rule 1146.1 Emission of Oxides of Nitrogen from Small Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters (Adopted 9/5/08)
Rule 1146.2 Emissions of Oxides of Nitrogen from Large Water Heaters and 
Small Boilers (Adopted 5/5/06)
Rule 1148 Thermally Enhanced Oil Recovery Wells (Adopted 11/05/82)
Rule 1149 Storage Tank Cleaning And Degassing (Adopted 5/2/08)
Rule 1162 Polyester Resin Operations (Adopted 7/8/05)
Rule 1168 Adhesive and Sealant Applications (Adopted 01/07/05)
Rule 1171 Solvent Cleaning Operations (Adopted 2/1/08)
Rule 1173 Control of Volatile Organic Compounds Leaks and Releases From 
Components At Petroleum Facilities and Chemical Plants (Adopted 6/1/07)
Rule 1176 VOC Emissions from Wastewater Systems (Adopted 09/13/96)
Rule 1178 Further Reductions of VOC Emissions from Storage Tanks at 
Petroleum Facilities (Adopted 4/7/06)
Rule 1301 General (Adopted 12/07/95)
Rule 1302 Definitions (Adopted 12/06/02)
Rule 1303 Requirements (Adopted 12/06/02)
Rule 1304 Exemptions (Adopted 06/14/96)
Rule 1306 Emission Calculations (Adopted 12/06/02)
Rule 1309.1 Priority Reserve (Replaced 8/3/07)
Rule 1313 Permits to Operate (Adopted 12/07/95)
Rule 1315 Federal New Source Review Tracking System (Readopted) (Adopted 
8/3/07)
Rule 1403 Asbestos Emissions from Demolition/Renovation Activities 
(Adopted 10/5/07)
Rule 1470 Requirements for Stationary Diesel-Fueled Internal Combustion 
and Other Compression Ignition Engines (Adopted 6/1/07)
Rule 1472 Requirements for Facilities with Multiple Stationary Emergency 
Standby Diesel-Fueled Internal Combustion Engines (Adopted 3/7/08)
Rule 1605 Credits for the Voluntary Repair of On-Road Motor Vehicles 
Identified Through Remote Sensing Devices (Adopted 10/11/96)
Rule 1612 Credits for Clean On-Road Vehicles (Adopted 07/10/98)
Rule 1612.1 Mobile Source Credit Generation Pilot Program (Adopted 03/
16/01)
Rule 1620 Credits for Clean Off-Road Mobile Equipment (Adopted 07/10/98)
Rule 1701 General (Adopted 08/13/99)
Rule 1702 Definitions (Adopted 08/13/99)
Rule 1703 PSD Analysis (Adopted 10/07/88)
Rule 1704 Exemptions (Adopted 08/13/99)
Rule 1706 Emission Calculations (Adopted 08/13/99)
Rule 1713 Source Obligation (Adopted 10/07/88)
Regulation XVII Appendix (effective 1977)

[[Page 136]]

Rule 1901 General Conformity (Adopted 09/09/94)
Regulation XX Regional Clean Air Incentives Market (Reclaim)
Rule 2000 General (Adopted 05/06/05)
Rule 2001 Applicability (Adopted 05/06/05)
Rule 2002 Allocations for Oxides of Nitrogen (NOX) and Oxides 
of Sulfur (SOX) (Adopted 01/07/05)
Rule 2004 Requirements (Adopted 4/6/07) except (l)
Rule 2005 New Source Review for RECLAIM (Adopted 05/06/05) except (i)
Rule 2006 Permits (Adopted 05/11/01)
Rule 2007 Trading Requirements (Adopted 4/6/07)
Rule 2008 Mobile Source Credits (Adopted 10/15/93)
Rule 2009 Compliance Plan for Power Producing Facilities (Adopted 01/07/
05)
Rule 2010 Administrative Remedies and Sanctions (Adopted 4/6/07)
Rule 2011 Requirements for Monitoring, Reporting, and Recordkeeping for 
Oxides of Sulfur (SOX) Emissions (Adopted 05/06/05)
Appendix A Volume IV--(Protocol for Oxides of Sulfur) (Adopted 05/06/05)
Rule 2012 Requirements for Monitoring, Reporting, and Recordkeeping for 
Oxides of Nitrogen (NOX) Emissions (Adopted 05/06/05)
Appendix A Volume V--(Protocol for Oxides of Nitrogen) (Adopted 05/06/
05)
Rule 2015 Backstop Provisions (Adopted 06/04/04) except (b)(1)(G) and 
(b)(3)(B)
Rule 2020 RECLAIM Reserve (Adopted 05/11/01)
Rule 2100 Registration of Portable Equipment (Adopted 07/11/97)
Rule 2449 Controls of Oxides of Nitrogen Emissions from Off-Road Diesel 
Vehicles (Adopted 5/2/08)
Rule 2506 Area Source Credits for NOX and SOX 
(Adopted 12/10/99)
XXX Title V Permits
Rule 3000 General (Adopted 11/14/97)
Rule 3001 Applicability (Adopted 11/14/97)
Rule 3002 Requirements (Adopted 11/14/97)
Rule 3003 Applications (Adopted 03/16/01)
Rule 3004 Permit Types and Content (Adopted 12/12/97)
Rule 3005 Permit Revisions (Adopted 03/16/01)
Rule 3006 Public Participation (Adopted 11/14/97)
Rule 3007 Effect of Permit (Adopted 10/08/93)
Rule 3008 Potential To Emit Limitations (Adopted 03/16/01)
XXXI Acid Rain Permit Program (Adopted 02/10/95)

    (8) The following requirements are contained in Ventura County Air 
Pollution Control District Requirements Applicable to OCS Sources:

Rule 2  Definitions (Adopted 04/12/11)
Rule 5  Effective Date (Adopted 04/13/04)
Rule 6  Severability (Adopted 11/21/78)
Rule 7  Zone Boundaries (Adopted 06/14/77)
Rule 10  Permits Required (Adopted 04/13/04)
Rule 11  Definition for Regulation II (Adopted 03/14/06)
Rule 12  Applications for Permits (Adopted 06/13/95)
Rule 13  Action on Applications for an Authority to Construct (Adopted 
          06/13/95)
Rule 14  Action on Applications for a Permit to Operate (Adopted 06/13/
          95)
Rule 15.1  Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16  BACT Certification (Adopted 06/13/95)
Rule 19  Posting of Permits (Adopted 05/23/72)
Rule 20  Transfer of Permit (Adopted 05/23/72)
Rule 23  Exemptions from Permits (Adopted 04/12/11)
Rule 24  Source Recordkeeping, Reporting, and Emission Statements 
          (Adopted 09/15/92)
Rule 26  New Source Review--General (Adopted 03/14/06)
Rule 26.1  New Source Review--Definitions (Adopted 11/14/06)
Rule 26.2  New Source Review--Requirements (Adopted 05/14/02)
Rule 26.3  New Source Review--Exemptions (Adopted 03/14/06)
Rule 26.6  New Source Review--Calculations (Adopted 03/14/06)
Rule 26.8  New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.10  New Source Review--PSD (Repealed 06/28/11)
Rule 26.11  New Source Review--ERC Evaluation At Time of Use (Adopted 
          05/14/02)
Rule 26.12  Federal Major Modifications (Adopted 06/27/06)
Rule 26.13  New Source Review--Prevention of Significant Deterioration 
          (Adopted 06/28/11)
Rule 28  Revocation of Permits (Adopted 07/18/72)
Rule 29  Conditions on Permits (Adopted 03/14/06)
Rule 30  Permit Renewal (Adopted 04/13/04)
Rule 32  Breakdown Conditions: Emergency Variances, A., B.1., and D. 
          only. (Adopted 02/20/79)
Rule 33  Part 70 Permits--General (Adopted 04/12/11)
Rule 33.1  Part 70 Permits--Definitions (Adopted 04/12/11)
Rule 33.2  Part 70 Permits--Application Contents (Adopted 04/10/01)
Rule 33.3  Part 70 Permits--Permit Content (Adopted 09/12/06)
Rule 33.4  Part 70 Permits--Operational Flexibility (Adopted 04/10/01)
Rule 33.5  Part 70 Permits--Time frames for Applications, Review and 
          Issuance (Adopted 10/12/93)
Rule 33.6  Part 70 Permits--Permit Term and Permit Reissuance (Adopted 
          10/12/93)

[[Page 137]]

Rule 33.7  Part 70 Permits--Notification (Adopted 04/10/01)
Rule 33.8  Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9  Part 70 Permits--Compliance Provisions (Adopted 04/10/01)
Rule 33.10  Part 70 Permits--General Part 70 Permits (Adopted 10/12/93)
Rule 34  Acid Deposition Control (Adopted 03/14/95)
Rule 35  Elective Emission Limits (Adopted 04/12/11)
Rule 36  New Source Review--Hazardous Air Pollutants (Adopted 10/06/98)
Rule 42  Permit Fees (Adopted 04/12/11)
Rule 44  Exemption Evaluation Fee (Adopted 04/08/08)
Rule 45  Plan Fees (Adopted 06/19/90)
Rule 45.2  Asbestos Removal Fees (Adopted 08/04/92)
Rule 47  Source Test, Emission Monitor, and Call-Back Fees (Adopted 06/
          22/99)
Rule 50  Opacity (Adopted 04/13/04)
Rule 52  Particulate Matter--Concentration (Grain Loading) (Adopted 04/
          13/04)
Rule 53  Particulate Matter--Process Weight (Adopted 04/13/04)
Rule 54  Sulfur Compounds (Adopted 06/14/94)
Rule 56  Open Burning (Adopted 11/11/03)
Rule 57  Incinerators (Adopted 01/11/05)
Rule 57.1  Particulate Matter Emissions from Fuel Burning Equipment 
          (Adopted 01/11/05)
Rule 62.7  Asbestos--Demolition and Renovation (Adopted 09/01/92)
Rule 63  Separation and Combination of Emissions (Adopted 11/21/78)
Rule 64  Sulfur Content of Fuels (Adopted 04/13/99)
Rule 67  Vacuum Producing Devices (Adopted 07/05/83)
Rule 68  Carbon Monoxide (Adopted 04/13/04)
Rule 71  Crude Oil and Reactive Organic Compound Liquids (Adopted 12/13/
          94)
Rule 71.1  Crude Oil Production and Separation (Adopted 06/16/92)
Rule 71.2  Storage of Reactive Organic Compound Liquids (Adopted 09/26/
          89)
Rule 71.3  Transfer of Reactive Organic Compound Liquids (Adopted 06/16/
          92)
Rule 71.4  Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted 06/
          08/93)
Rule 71.5  Glycol Dehydrators (Adopted 12/13/94)
Rule 72  New Source Performance Standards (NSPS) (Adopted 09/9/08)
Rule 73  National Emission Standards for Hazardous Air Pollutants 
          (NESHAPS) (Adopted 09/9/08)
Rule 74  Specific Source Standards (Adopted 07/06/76)
Rule 74.1  Abrasive Blasting (Adopted 11/12/91)
Rule 74.2  Architectural Coatings (Adopted 01/12/10)
Rule 74.6  Surface Cleaning and Degreasing (Adopted 11/11/03--effective 
          07/01/04)
Rule 74.6.1  Batch Loaded Vapor Degreasers (Adopted 11/11/03--effective 
          07/01/04)
Rule 74.7  Fugitive Emissions of Reactive Organic Compounds at Petroleum 
          Refineries and Chemical Plants (Adopted 10/10/95)
Rule 74.8  Refinery Vacuum Producing Systems, Waste-water Separators and 
          Process Turnarounds (Adopted 07/05/83)
Rule 74.9  Stationary Internal Combustion Engines (Adopted 11/08/05)
Rule 74.10  Components at Crude Oil Production Facilities and Natural 
          Gas Production and Processing Facilities (Adopted 03/10/98)
Rule 74.11  Natural Gas-Fired Residential Water Heaters--Control of 
          NOX (Adopted 05/11/10)
Rule 74.11.1  Large Water Heaters and Small Boilers (Adopted 09/14/99)
Rule 74.12  Surface Coating of Metal Parts and Products (Adopted 04/08/
          08)
Rule 74.15  Boilers, Steam Generators and Process Heaters (Adopted 11/
          08/94)
Rule 74.15.1  Boilers, Steam Generators and Process Heaters (Adopted 06/
          13/00)
Rule 74.16  Oil Field Drilling Operations (Adopted 01/08/91)
Rule 74.20  Adhesives and Sealants (Adopted 01/11/05)
Rule 74.23  Stationary Gas Turbines (Adopted 1/08/02)
Rule 74.24  Marine Coating Operations (Adopted 11/11/03)
Rule 74.24.1  Pleasure Craft Coating and Commercial Boatyard Operations 
          (Adopted 01/08/02)
Rule 74.26  Crude Oil Storage Tank Degassing Operations (Adopted 11/08/
          94)
Rule 74.27  Gasoline and ROC Liquid Storage Tank Degassing Operations 
          (Adopted 11/08/94)
Rule 74.28  Asphalt Roofing Operations (Adopted 05/10/94)
Rule 74.30  Wood Products Coatings (Adopted 06/27/06)
Rule 75  Circumvention (Adopted 11/27/78)
Rule 101  Sampling and Testing Facilities (Adopted 05/23/72)
Rule 102  Source Tests (Adopted 04/13/04)
Rule 103  Continuous Monitoring Systems (Adopted 02/09/99)
Rule 154  Stage 1 Episode Actions (Adopted 09/17/91)
Rule 155  Stage 2 Episode Actions (Adopted 09/17/91)
Rule 156  Stage 3 Episode Actions (Adopted 09/17/91)
Rule 158  Source Abatement Plans (Adopted 09/17/91)
Rule 159  Traffic Abatement Procedures (Adopted 09/17/91)
Rule 220  General Conformity (Adopted 05/09/95)
Rule 230  Notice to Comply (Adopted 9/9/08)

[[Page 138]]

                                Delaware

    (a) State requirements.
    (1) The following State of Delaware requirements are applicable to 
OCS Sources, December 19, 2008, State of Delaware--Department of Natural 
Resources and Environmental Control. The following sections of 7 DE 
Admin. Code 1100--Air Quality Management Section:

    7 DE Admin. Code 1101: Definitions and Administrative Principles

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Definitions (Effective 09/11/1999)
Section 3.0: Administrative Principles (02/01/1981)
Section 4.0: Abbreviations (Effective 02/01/1981)

                     7 DE Admin. Code 1102: Permits

Section 1.0: General Provisions (Effective 06/11/2006)
Section 2.0: Applicability (Effective 06/11/2006)
Section 3.0: Application/Registration Prepared by Interested Party 
(Effective 06/01/1997)
Section 4.0: Cancellation of Construction Permits (Effective 06/01/1997)
Section 5.0: Action on Applications (Effective 06/01/1997)
Section 6.0: Denial, Suspension or Revocation of Operating Permits 
(Effective 06/11/2006)
Section 7.0: Transfer of Permit/Registration Prohibited (Effective 06/
01/1997)
Section 8.0: Availability of Permit/Registration (Effective 06/01/1997)
Section 9.0: Registration Submittal (Effective 06/01/1997)
Section 10.0: Source Category Permit Application (Effective 06/01/1997)
Section 11.0: Permit Application (Effective 06/11/2006)
Section 12.0: Public Participation (Effective 06/11/2006)
Section 13.0: Department Records (Effective 06/01/1997)
Section 1102: Appendix A (Effective 06/11/2006)

          7 DE Admin. Code 1103: Ambient Air Quality Standards

Section 1.0: General Provisions (Effective 09/11/1999)
Section 2.0: General Restrictions (Effective 02/01/1981)
Section 3.0: Suspended Particulates (Effective 02/01/1981)
Section 4.0: Sulfur Dioxide (Effective 02/01/1981)
Section 5.0: Carbon Monoxide (Effective 02/01/1981)
Section 6.0: Ozone (Effective 09/11/1999)
Section 7.0: Hydrocarbons (Effective 02/01/1981)
Section 8.0: Nitrogen Dioxide (Effective 02/01/1981)
Section 9.0: Hydrogen Sulfide (Effective 02/01/1981)
Section 10.0: Lead (Effective 02/01/1981)
Section 11.0: PM10 and PM2.5 Particulates (Effective 2/11/2003)

7 DE Admin. Code 1104: Particulate Emissions From Fuel Burning Equipment

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Emission Limits (Effective 02/01/1981)

  7 DE Admin. Code 1105: Particulate Emissions From Industrial Process 
                               Operations

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: General Restrictions (Effective 02/01/1981)
Section 3.0: Restrictions on Hot Mix Asphalt Batching Operations 
(Effective 02/01/1981)
Section 4.0: Restrictions on Secondary Metal Operations (Effective 02/
01/1981)
Section 5.0: Restrictions on Petroleum Refining Operations (Effective 
02/01/1981)
Section 6.0: Restrictions on Prill Tower Operations (Effective 02/01/
1981)
Section 7.0: Control of Potentially Hazardous Particulate Matter 
(Effective 02/01/1981)

   7 DE Admin. Code 1106: Particulate Emissions From Construction and 
                           Materials Handling

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Demolition (Effective 02/01/1981)
Section 3.0: Grading, Land Clearing, Excavation and Use of Non-Paved 
Roads (Effective 02/01/1981)
Section 4.0: Material Movement (Effective 02/01/1981)
Section 5.0: Sandblasting (Effective 02/01/1981)
Section 6.0: Material Storage (Effective 02/01/1981)

  7 DE Admin. Code 1107: Emissions From Incineration of Noninfectious 
                                  Waste

Section 1.0: General Provisions (Effective 10/13/1989)
Section 2.0: Restrictions (Effective 10/13/1989)

   7 DE Admin. Code 1108: Sulfur Dioxide Emissions From Fuel Burning 
                                Equipment

Section 1.0: General Provisions (Effective 12/08/1983)
Section 2.0: Limit on Sulfur Content of Fuel (Effective 05/09/1985)
Section 3.0: Emission Control in Lieu of Sulfur Content Limits of 2.0 of 
This Regulation (Effective 05/09/1985)

[[Page 139]]

  7 DE Admin. Code 1109: Emissions of Sulfur Compounds From Industrial 
                               Operations

Section 1.0: General Provisions (Effective 05/09/1985)
Section 2.0: Restrictions on Sulfuric Acid Manufacturing Operations 
(Effective 02/01/1981)
Section 3.0: Restriction on Sulfuric Recovery Operations (Effective 02/
01/1981)
Section 4.0: Stack Height Requirements (Effective 02/01/1981)

  7 DE Admin. Code 1110: Emissions of Sulfur Compounds From Industrial 
                               Operations

Section 1.0: Requirements for Existing Sources of Sulfur Dioxide 
(Effective 01/18/1981)
Section 2.0: Requirements for New Sources of Sulfur Dioxide (Effective 
02/01/1981)

7 DE Admin. Code 1111: Carbon Monoxide Emissions From Industrial Process 
                      Operations, New Castle County

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Restrictions on Petroleum Refining Operations (Effective 
02/01/1981)

       7 DE Admin. Code 1112: Control of Nitrogen Oxide Emissions

Section 1.0: Applicability (Effective 11/24/1993)
Section 2.0: Definitions (Effective 11/24/1993)
Section 3.0: Standards (Effective 11/24/1993)
Section 4.0: Exemptions (Effective 11/24/1993)
Section 5.0: Alternative and Equivalent RACT Determinations (11/24/1993)
Section 6.0: RACT Proposals (11/24/1993)
Section 7.0: Compliance Certification, Recordkeeping, and Reporting 
Requirements (Effective 11/24/1993)

                   7 DE Admin. Code 1113: Open Burning

Section 1.0: Purpose (Effective 04/11/2007)
Section 2.0: Applicability (Effective 04/11/2007)
Section 3.0: Definitions (Effective 04/11/2007)
Section 4.0: Prohibitions and Related Provisions (Effective 04/11/2007)
Section 5.0: Season and Time Restrictions (Effective 04/11/2007)
Section 6.0: Allowable Open Burning (Effective 04/11/2007)
Section 7.0: Exemptions (Effective 04/11/2007)

                7 DE Admin. Code 1114: Visible Emissions

Section 1.0: General Provisions (Effective 07/17/1984)
Section 2.0: Requirements (Effective 07/17/1984)
Section 3.0: Alternate Opacity Requirements (Effective 07/17/1984)
Section 4.0: Compliance With Opacity Standards (Effective 07/17/1984)

      7 DE Admin. Code 1115: Air Pollution Alert and Emergency Plan

Section 1.0: General Provisions (Effective 07/17/1984)
Section 2.0: Stages and Criteria (Effective 03/29/1988)
Section 3.0: Required Actions (Effective 02/01/1981)
Section 4.0: Standby Plans (Effective 02/01/1981)

   7 DE Admin. Code 1116: Sources Having an Interstate Air Pollution 
                                Potential

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Limitations (Effective 02/01/1981)
Section 3.0: Requirements (Effective 02/01/1981)

  7 DE Admin. Code 1117: Source Monitoring, Recordkeeping and Reporting

Section 1.0: Definitions and Administrative Principals (Effective 01/11/
1993)
Section 2.0: Sampling and Monitoring (Effective 07/17/1984)
Section 3.0: Minimum Emissions Monitoring Requirements For Existing 
Sources (Effective 07/17/1984)
Section 4.0: Performance Specifications (Effective 07/17/1984)
Section 5.0: Minimum Data Requirements (Effective 07/17/1984)
Section 6.0: Data Reduction (Effective 07/17/1984)
Section 7.0: Emission Statement (Effective 01/11/1993)

         7 DE Admin. Code 1120: New Source Performance Standards

Section 1.0: General Provisions (Effective 12/07/1988)
Section 2.0: Standards of Performance for Fuel Burning Equipment 
(Effective 04/18/1983)
Section 3.0: Standards of Performance for Nitric Acid Plants (Effective 
04/18/1983)
Section 5.0: Standards of Performance for Asphalt Concrete Plants 
(Effective 04/18/1983)
Section 6.0: Standards of Performance for Incinerators (Effective 04/18/
1983)
Section 7.0: Standards of Performance for Sewage Treatment Plants 
(Effective 04/18/1983)
Section 8.0: Standards of Performance for Sulfuric Acid Plants 
(Effective 04/18/1983)
Section 9.0: Standards of Performance for Electric Utility Steam 
Generating Units for Which Construction is Commenced After September 18, 
1978 (Effective 04/18/1983)
Section 10.0: Standards of Performance for Stationary Gas Turbines 
(Effective 11/27/1985)
Section 11.0: Standards of Performance for Petroleum Refineries 
(Effective 11/27/1985)

[[Page 140]]

Section 12.0: Standards of Performance for Steel Plants: Electric Arc 
Furnaces (Effective 11/27/1985)
Section 20.0: Standards of Performance for Bulk Gasoline Terminals 
(Effective 11/27/1985)
Section 22.0: Standards of Performance for Equipment Leaks at Petroleum 
Refineries (Effective 11/27/1985)
Section 27.0: Standards of Performance for Volatile Organic Liquid 
Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which 
Construction, Reconstruction, or Modification Commenced after July 23, 
1984 (Effective 12/07/1988)
Section 29.0: Standards of Performance for Hospital/Medical/Infectious 
Waste Incinerators (Effective 09/11/1998)

 7 DE Admin. Code 1122: Restriction on Quality of Fuel in Fuel Burning 
                                Equipment

Section 1.0: Prohibition of Waste Oil (Effective 11/27/1985)

      7 DE Admin. Code 1124: Control of Volatile Organic Compounds

Section 1.0: General Provisions (Effective 01/11/1993)
Section 2.0: Definitions (Effective 01/11/2002)
Section 3.0: Applicability (Effective 01/11/1993)
Section 4.0: Compliance, Certification, Recordkeeping, and Reporting 
Requirements for Coating Sources (Effective 11/29/1994)
Section 5.0: Compliance, Certification, Recordkeeping, and Reporting 
Requirements for Non-Coating Sources (Effective 01/11/1993)
Section 6.0: General Recordkeeping (Effective 01/11/1993)
Section 7.0: Circumvention (Effective 01/11/1993)
Section 8.0: Handling, Storage, and Disposal of Volatile Organic 
Compounds (VOCs) (Effective 11/29/1994)
Section 9.0: Compliance, Permits, Enforceability (Effective 01/11/1993)
Section 10.0: Aerospace Coatings (Effective 08/11/2002)
Section 11.0: Mobile Equipment Repair and Refinishing (Effective 11/11/
2001)
Section 12.0: Surface Coating of Plastic Parts (Effective 11/29/1994)
Section 13.0: Automobile and Light-Duty Truck Coating Operations 
(Effective 01/11/1993)
Section 14.0: Can Coating (Effective 01/11/1993)
Section 15.0: Coil Coating (Effective 01/11/1993)
Section 16.0: Paper Coating (Effective 01/11/1993)
Section 17.0: Fabric Coating (Effective 01/11/1993)
Section 18.0: Vinyl Coating (Effective 01/11/1993)
Section 19.0: Coating of Metal Furniture (Effective 01/11/1993)
Section 20.0: Coating of Large Appliances (Effective 01/11/1993)
Section 21.0: Coating of Magnet Wire (Effective 01/11/1993)
Section 22.0: Coating of Miscellaneous Parts (Effective 01/11/1993)
Section 23.0: Coating of Flat Wood Paneling (Effective 01/11/1993)
Section 24.0: Bulk Gasoline Plants (Effective 01/11/1993)
Section 25.0: Bulk Gasoline Terminals (Effective 11/29/1994)
Section 26.0: Gasoline Dispensing Facility Stage I Vapor Recovery 
(Effective 01/11/2002)
Section 27.0: Gasoline Tank Trucks (Effective 01/11/1993)
Section 28.0: Petroleum Refinery Sources (Effective 01/11/1993)
Section 29.0: Leaks from Petroleum Refinery Equipment (Effective 11/29/
1994)
Section 30.0: Petroleum Liquid Storage in External Floating Roof Tanks 
(Effective 11/29/1994)
Section 31.0: Petroleum Liquid Storage in Fixed Roof Tanks (Effective 
11/29/1994)
Section 32.0: Leaks from Natural Gas/Gasoline Processing Equipment 
(Effective 11/29/1994)
Section 33.0: Solvent Cleaning and Drying (Effective 11/11/2001)
Section 34.0: Cutback and Emulsified Asphalt (Effective 01/11/1993)
Section 35.0: Manufacture of Synthesized Pharmaceutical Products 
(Effective 11/29/1994)
Section 36.0: Stage II Vapor Recovery (Effective 01/11/2002)
Section 37.0: Graphic Arts Systems (Effective 11/29/1994)
Section 38.0: Petroleum Solvent Dry Cleaners (Effective 01/11/1993)
Section 40.0: Leaks from Synthetic Organic Chemical, Polymer, and Resin 
Manufacturing Equipment (Effective 01/11/1993)
Section 41.0: Manufacture of High-Density Polyethylene, Polypropylene, 
and Polystyrene Resins (Effective 01/11/1993)
Section 42.0: Air Oxidation Processes in the Synthetic Organic Chemical 
Manufacturing Industry (Effective 01/11/1993)
Section 43.0: Bulk Gasoline Marine Tank Vessel Loading Facilities 
(Effective 08/08/1994)
Section 44.0: Batch Processing Operations (Effective 11/29/1994)
Section 45.0: Industrial Cleaning Solvents (Effective 11/29/1994)
Section 46.0: Crude Oil Lightering Operations (Effective 05/11/2007)
Section 47.0: Offset Lithographic Printing (Effective 11/29/1994)

[[Page 141]]

Section 48.0: Reactor Processes and Distillation Operations in the 
Synthetic Organic Chemical Manufacturing Industry (Effective 11/29/1994)
Section 49.0: Control of Volatile Organic Compound Emissions from 
Volatile Organic Liquid Storage Vessels (Effective 11/29/1994)
Section 50.0: Other Facilities that Emit Volatile Organic Compounds 
(VOCs) (Effective 11/29/1994)

      7 DE Admin. Code 1124: Control of Organic Compound Emissions

Appendix A: General Provisions: Test Methods and Compliance Procedures 
(Effective 11/29/1994)
Appendix B: Determining the Volatile Organic Compound (VOC) Content of 
Coatings and Inks (Effective 11/29/1994)
Appendix C: Alternative Compliance Methods for Surface Coating 
(Effective 11/29/1994)
Appendix D: Emission Capture and Destruction or Removal Efficiency and 
Monitoring Requirements (Effective 11/29/1994)
Method 30: Criteria for and Verification of a Permanent or Temporary 
Total Enclosure (Effective 11/29/1994)
Method 30A: Volatile Organic Compounds Content in Liquid Input Stream 
(Effective 11/29/1994)
Method 30B: Volatile Organic Compounds Emissions in Captured Stream 
(Effective 11/29/1994)
Method 30C: Volatile Organic Compounds Emissions in Captured Stream 
(Dilution Technique) (Effective 11/29/1994)
Method 30D: Volatile Organic Compounds Emissions in Fugitive Stream from 
Temporary Total Enclosure (Effective 11/29/1994)
Method 30E: Volatile Organic Compounds Emissions in Fugitive Stream from 
Building Enclosure (Effective 11/29/1994)
Appendix E: Determining the Destruction or Removal Efficiency of a 
Control Device (Effective 11/29/1994)
Appendix F: Leak Detection Methods for Volatile Organic Compounds (VOCs) 
(Effective 11/29/1994)
Appendix G: Performance Specifications for Continuous Emissions 
Monitoring of Total Hydrocarbons (Effective 11/29/1994)
Appendix H: Quality Control Procedures for Continuous Emission 
Monitoring Systems (CEMS) (Effective 11/29/1994)
Appendix I: Method to Determine Length of Rolling Period for Liquid/
Liquid Material Balance (Effective 11/29/1994)
Appendix K: Emissions Estimation Methodologies (Effective 11/29/1994)
Appendix L: Method to Determine Total Organic Carbon for Offset 
Lithographic Solutions (Effective 11/29/1994)
Appendix M: Test Method for Determining the Performance of Alternative 
Cleaning Fluids (Effective 11/29/1994)

     7 DE Admin. Code 1125: Requirements for Preconstruction Review

Section 1.0: General Provisions (Effective 08/11/2005)
Section 2.0: Emission Offset Provisions (EOP) (Effective 08/11/2005)
Section 3.0: Prevention of Significant Deterioration of Air Quality 
(Effective 08/11/2005)
Section 4.0: Minor New Source Review (MNSR) (Effective 08/11/2005)

                  7 DE Admin. Code 1127: Stack Heights

Section 1.0: General Provisions (Effective 07/06/1982)
Section 2.0: Definitions Specific to this Regulation (Effective 12/07/
1988)
Section 3.0: Requirements for Existing and New Sources (Effective 02/18/
1987)
Section 4.0: Public Notification (Effective 02/18/1987)

 7 DE Admin. Code 1129: Emissions From Incineration of Infectious Waste

Section 1.0: General Provisions (10/13/1989)
Section 2.0: Exemptions (Effective 10/13/1989)
Section 3.0: Permit Requirements (Effective 10/13/1989)
Section 4.0: Methods of Treatment and Disposal (Effective 10/13/1989)
Section 5.0: Recordkeeping and Reporting Requirements (Effective 10/13/
1989)
Section 6.0: Evidence of Effectiveness of Treatment (Effective 10/13/
1989)
Section 7.0: Incineration (Effective 10/13/1989)

      7 DE Admin. Code 1130: Title V State Operating Permit Program

Section 1.0: Program Overview (Effective 11/15/1993)
Section 2.0: Definitions (Effective 11/15/1993)
Section 3.0: Applicability (Effective 11/15/1993)
Section 5.0: Permit Applications (Effective 11/15/1993)
Section 6.0: Permit Contents (Effective 12/11/2000)
Section 7.0: Permit Issuance, Renewal, Reopening, And Revisions 
(Effective 12/11/2000)
Section 8.0: Permit Review by EPA and Affected States (Effective 11/15/
1993)
Section 9.0: Permit Fees (Effective 11/15/1993)
Appendix A: Insignificant Activities (Effective 11/15/1993)

            7 DE Admin. Code 1132: Transportation Conformity

Section 1.0: Purpose (Effective 11/11/2007)
Section 2.0: Definitions (Effective 11/11/2007)
Section 3.0: Consultation (Effective 11/11/2007)

[[Page 142]]

Section 4.0: Written Commitments for Control and Mitigation Measures 
(Effective 11/11/2007)

       7 DE Admin Code 1134: Emission Banking and Trading Program

Section 1.0: Program Overview (Effective 10/06/1997)
Section 2.0: Definitions (Effective 10/06/1997)
Section 3.0: Applicability (Effective 10/06/1997)
Section 4.0: Generating an Emission Reduction (Effective 10/06/1997)
Section 5.0: Application for Certification of an Emission Reduction as 
an ERC (Effective 10/06/1997)
Section 6.0: Source Baseline (Effective 10/06/1997)
Section 7.0: Post-Reduction Emission rate (Effective 10/06/1997)
Section 8.0: Certification of an Emission Reduction (Effective 10/06/
1997)
Section 9.0: Trading and Use of ERCs (Effective 10/06/1997)
Section 10.0: Record Keeping Requirements (Effective 10/06/1997)
Section 11.0: ERC Banking System (Effective 10/06/1997)
Section 12.0: Fees (Effective 10/06/1997)
Section 13.0: Enforcement (Effective 10/06/1997)
Section 14.0: Program Evaluation and Individual Audits (Effective 10/06/
1997)

  7 DE Admin. Code 1135: Conformity of General Federal Actions to the 
                       State Implementation Plans

Section 1.0: Purpose (Effective 08/14/1996)
Section 2.0: Definitions (Effective 08/14/1996)
Section 3.0: Applicability (Effective 08/14/1996)
Section 4.0: Conformity Analysis (Effective 08/14/1996)
Section 5.0: Reporting Requirements (Effective 08/14/1996)
Section 6.0: Public Participation and Consultation (Effective 08/14/
1996)
Section 7.0: Frequency of Conformity Determinations (Effective 08/14/
1996)
Section 8.0: Criteria for Determining Conformity of General Federal 
Actions (Effective 08/14/1996)
Section 9.0: Procedures for Conformity Determinations of General Federal 
Actions (Effective 08/14/1996)
Section 10.0: Mitigation of Air Quality Impacts (Effective 08/14/1996)
Section 11.0: Savings Provisions (Effective 08/14/1996)

 7 DE Admin. Code 1139: Nitrogen Oxides (NOX) Budget Trading 
                                 Program

Section 1.0: Purpose (Effective 12/11/2000)
Section 2.0: Emission Limitation (Effective 12/11/2000)
Section 3.0: Applicability (Effective 12/11/2000)
Section 4.0: Definitions (Effective 12/11/2000)
Section 5.0: General Provisions (Effective 12/11/2000)
Section 6.0: NOX Authorized Account Representative for 
NOX Budget Sources (Effective 12/11/2000)
Section 7.0: Permits (Effective 12/11/2000)
Section 8.0: Monitoring and Reporting (Effective 12/11/2000)
Section 9.0: NATS (Effective 12/11/2000)
Section 10.0: NOX Allowance Transfers (Effective 12/11/2000)
Section 11.0: Compliance Certification (Effective 12/11/2000)
Section 12.0: End-of-Season Reconciliation (Effective 12/11/2000)
Section 13.0: Failure to Meet Compliance Requirements (Effective 12/11/
2000)
Section 14.0: Individual Units Opt-Ins (Effective 12/11/2000)
Section 15.0: General Accounts (Effective 12/11/2000)
Appendix A: Allowance Allocations to NOX Budget Units under 
3.1.1.1 and 3.1.1.2 of DE Admin. Code 1139 (Effective 02/11/2000)
Appendix B: 7 DE Admin. Code 1137--7 DE Admin. Code 1139 Program 
Transition (Effective 02/11/2000)

 7 DE Admin. Code 1140: Delaware's National Low Emission Vehicle (NLEV) 
                               Regulation

Section 1.0: Applicability (Effective 09/11/1999)
Section 2.0: Definitions (Effective 09/11/1999)
Section 3.0: Program Participation (Effective 09/11/1999)

      7 DE Admin. Code 1142: Specific Emission Control Requirements

Section 1.0: Control of NOX Emissions from Industrial Boilers 
(Effective 12/12/2001)

        7 DE Admin. Code 1143: Heavy Duty Diesel Engine Standards

Section 1.0: On Road Heavy Duty Diesel Requirements for Model Years 2005 
and 2006 (Effective 02/11/2005)
Section 2.0: On Road Heavy Duty Diesel Requirements for Model Year 2007 
and Later (Effective 02/11/2005)

  7 DE Admin. Code 1144: Control of Stationary Generator Emissions \1\
---------------------------------------------------------------------------

    \1\ All sections for 7 DE Admin. Code 1144: Control of Stationary 
Generator Emissions shall be incorporated by reference into 40 CFR part 
55 except for all references to Carbon Dioxide (CO2).
---------------------------------------------------------------------------

Section 1.0: General (Effective 01/11/2006)
Section 2.0: Definitions (Effective 01/11/2006)
Section 3.0: Emissions (Effective 01/11/2006)

[[Page 143]]

Section 4.0: Operating Requirements (Effective 01/11/2006)
Section 5.0: Fuel Requirements (Effective 01/11/2006)
Section 7.0: Emissions Certification, Compliance, and Enforcement 
(Effective 01/11/2006)
Section 8.0: Credit for Concurrent Emissions Reductions (Effective 01/
11/2006)
Section 9.0: DVFA Member Companies (Effective 01/11/2006)

     7 DE Admin. Code 1145: Excessive Idling of Heavy Duty Vehicles

Section 1.0: Applicability (Effective 04/11/2005)
Section 2.0: Definitions (Effective 04/11/2005)
Section 3.0: Severability (Effective 04/11/2005)
Section 4.0: Operational Requirements for Heavy Duty Motor Vehicles 
(Effective 04/11/2005)
Section 5.0: Exemptions (Effective 04/11/2005)
Section 6.0: Enforcement and Penalty (Effective 04/11/2005)

 7 DE Admin. Code 1146: Electric Generating Unit (EGU) Multi-Pollutant 
                               Regulation

Section 1.0: Preamble (Effective 12/11/2006)
Section 2.0: Applicability (Effective 12/11/2006)
Section 3.0: Definitions (Effective 12/11/2006)
Section 4.0: NOX Emissions Limitations (Effective 12/11/2006)
Section 5.0: SO2 Emissions Limitations (Effective 12/11/2006)
Section 6.0: Mercury Emissions Limitations (Effective 12/11/2006)
Section 7.0: Recordkeeping and Reporting (Effective 12/11/2006)
Section 8.0: Compliance Plan (Effective 12/11/2006)
Section 9.0: Penalties (Effective 12/11/2006)

7 DE Admin. Code 1148: Control of Stationary Combustion Turbine Electric 
                        Generating Unit Emissions

Section 1.0: Purpose (Effective 07/11/2007)
Section 2.0: Applicability (Effective 07/11/2007)
Section 3.0: Definitions (Effective 07/11/2007)
Section 4.0: NOX Emissions Limitations (Effective 07/11/2007)
Section 5.0: Monitoring and Reporting (Effective 07/11/2007)
Section 6.0: Recordkeeping (Effective 07/11/2007)
Section 7.0: Penalties (Effective 07/11/2007)
(2) [Reserved]

                                 Florida

    (a) State requirements.
    (1) The following requirements are contained in State of Florida 
Requirements Applicable to OCS Sources, January 2, 2008: Florida 
Administrative Code--Department of Environmental Protection. The 
following sections of Chapter 62:

                          CHAPTER 62-4 PERMITS

62-4.001 Scope of Part I (Effective 10/1/07)
62-4.020 Definitions (Effective 4/3/03)
62-4.021 Transferability of Definitions (Effective 8/31/88)
62-4.030 General Prohibition (Effective 8/31/88)
62-4.040 Exemptions (Effective 8/31/88)
62-4.050 Procedure to Obtain Permits and other Authorizations; 
Applications (Effective 10/31/07)
62-4.055 Permit Processing (Effective 8/16/98)
62-4.060 Consultation (Effective 8/31/88)
62-4.070 Standards of Issuing or Denying Permits; Issuance; Denial 
(Effective 3/28/91)
62-4.080 Modification of Permit Conditions (Effective 3/19/90)
62-4.090 Renewals (Effective 3/16/08)
62-4.100 Suspension and Revocation (Effective 8/31/88)
62-4.110 Financial Responsibility (Effective 8/31/88)
62-4.120 Transfer of Permits (Effective 4/16/01)
62-4.130 Plant Operation--Problems (Effective 8/31/88)
62-4.150 Review (Effective 8/31/88)
62-4.160 Permit Conditions (Effective 7/11/93)
62-4.200 Scope of Part II (Effective 10/1/07)
62-4.210 Construction Permits (Effective 8/31/88)
62-4.220 Operation Permit for New Sources (Effective 8/31/88)
62-4.249 Preservation of Rights (Effective 8/31/88)
62-4.510 Scope of Part III (Effective 10/1/07)
62-4.520 Definition (Effective 7/11/90)
62-4.530 Procedures (Effective 3/19/90)
62-4.540 General Conditions for All General Permits (Effective 8/31/88)

        CHAPTER 62-204 AIR POLLUTION CONTROL--GENERAL PROVISIONS

62-204.100 Purpose and Scope (Effective 3/13/96)
62-204.200 Definitions (Effective 2/12/06)
62-204.220 Ambient Air Quality Protection (Effective 3/13/96)
62-204.240 Ambient Air Quality Standards (Effective 3/13/96)
62-204.260 Prevention of Significant Deterioration Maximum Allowable 
Increases (PSD Increments) (Effective 2/12/06)
62-204.320 Procedures for Designation and Redesignation of Areas 
(Effective 3/13/96)
62-204.340 Designation of Attainment, Nonattainment, and Maintenance 
Areas (Effective 3/13/96)
62-204.360 Designation of Prevention of Significant Deterioration Areas 
(Effective 3/13/96)
62-204.400 Public Notice and Hearing Requirements for State 
Implementation Plan Revisions (Effective 11/30/94)
62-204.500 Conformity (Effective 9/1/98)
62-204.800 Federal Regulations Effective by Reference (Effective 7/1/08)

[[Page 144]]

         CHAPTER 62-210 STATIONARY SOURCES--GENERAL REQUIREMENTS

62-210.100 Purpose and Scope (Effective 1/10/07)
62-210.200 Definitions (Effective 3/16/08)
62-210.220 Small Business Assistance Program (Effective 2/11/99)
62-210.300 Permits Required (Effective 3/16/08)
62-210.310 Air General Permits (Effective 5/9/07)
62-210.350 Public Notice and Comment (Effective 2/2/06)
62-210.360 Administrative Permit Corrections (Effective 3/16/08)
62-210.370 Emissions Computation and Reporting (Effective 7/3/08)
62-210.550 Stack Height Policy (Effective 11/23/94)
62-210.650 Circumvention (Effective 8/26/1981)
62-210.700 Excess Emissions (Effective 11/23/94)
62-210.900 Forms and Instructions (Effective 7/3/08)
62-210.920 Registration Forms for Air General Permits (Effective 5/9/07)

        CHAPTER 62-212 STATIONARY SOURCES--PRECONSTRUCTION REVIEW

62-212.100 Purpose and Scope (Effective5/20/97)
62-212.300 General Preconstruction Review Requirements (Effective 2/2/
06)
62-212.400 Prevention of Significant Deterioration (PSD) (Effective 7/
16/07)
62-212.500 Preconstruction Review for Nonattainment Areas (Effective 2/
2/06)
62-212.600 Sulfur Storage and Handling Facilities (Effective 8/17/00)
62-212.710 Air Emissions Bubble (Effective 5/20/97)
62-212.720 Actuals Plantwide Applicability Limits (PALs) (Effective 7/
16/07)

   CHAPTER 62-213 OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION

62-213.100 Purpose and Scope (Effective 3/13/96)
62-213.202 Responsible Official (Effective 6/02/02)
62-213.205 Annual Emissions Fee (Effective 3/16/08)
62-213.300 Title V Air General Permits (Effective 4/14/03)
62-213.400 Permits and Permit Revisions Required (Effective 3/16/08)
62-213.405 Concurrent Processing of Permit Applications (Effective 6/02/
02)
62-213.410 Changes Without Permit Revision (Effective 6/02/02)
62-213.412 Immediate Implementation Pending Revision Process (Effective 
6/02/02)
62-213.413 Fast-Track Revisions of Acid Rain Parts (Effective 6/02/02)
62-213.415 Trading of Emissions Within a Source (Effective 4/16/01)
62-213.420 Permit Applications (Effective 3/16/08)
62-213.430 Permit Issuance, Renewal, and Revision (Effective 3/16/08)
62-213.440 Permit Content (Effective 3/16/08)
62-213.450 Permit Review by EPA and Affected States (Effective 1/03/01)
62-213.460 Permit Shield (Effective 3/16/08)
62-213.900 Forms and Instructions (Effective 4/14/03)

CHAPTER 62-214 REQUIREMENTS FOR SOURCES SUBJECT TO THE FEDERAL ACID RAIN 
                                 PROGRAM

62-214.100 Purpose and Scope (Effective 3/16/08)
62-214.300 Applicability (Effective 3/16/08)
62-214.320 Applications (Effective 3/16/08)
62-214.330 Acid Rain Compliance Plan and Compliance Options (Effective 
3/16/08)
62-214.340 Exemptions (Effective 3/16/08)
62-214.350 Certification (Effective 12/10/97)
62-214.360 Department Action on Applications (Effective 3/16/08)
62-214.370 Revisions and Administrative Corrections (Effective 4/16/01)
62-214.420 Acid Rain Part Content (Effective 3/16/08)
62-214.430 Implementation and Termination of Compliance Options 
(Effective 3/16/08)

                  CHAPTER 62-252 GASOLINE VAPOR CONTROL

62-252.100 Purpose and Scope (Effective 2/2/93)
62-252.200 Definitions (Effective 5/9/07)
62-252.300 Gasoline Dispensing Facilities--Stage I Vapor Recovery 
(Effective 5/9/07)
62-252.400 Gasoline Dispensing Facilities--Stage II Vapor Recovery 
(Effective 5/9/07)
62-252.500 Gasoline Tanker Trucks or Trailers (Effective 5/9/07)
62-252.900 Form. (Effective 5/9/07)

         CHAPTER 62-256 OPEN BURNING AND FROST PROTECTION FIRES

62-256.200 Definitions (Effective 7/6/05)
62-256.300 Prohibitions (Effective 7/6/05)
62-256.700 Open Burning Allowed (Effective 7/6/05)

          CHAPTER 62-296 STATIONARY SOURCES-EMISSION STANDARDS

62-296.100 Purpose and Scope (Effective 3/13/96)
62-296.320 General Pollutant Emission Limiting Standards (Effective 3/
13/96)
62-296.340 Best Available Retrofit Technology (Effective 1/31/07)
62-296.341 Regional Haze--Reasonable Progress Control Technology 
(Effective 2/7/08)
62-296.401 Incinerators (Effective 1/10/07)
62-296.402 Sulfuric Acid Plants (Effective 3/13/96)
62-296.403 Phosphate Processing (Effective 3/13/96)

[[Page 145]]

62-296.404 Kraft (Sulfate) Pulp Mills and Tall Oil Plants (Effective 3/
13/96)
62-296.405 Fossil Fuel Steam Generators with More Than 250 Million Btu 
Per Hour Heat Input (Effective 3/2/99)
62-296.406 Fossil Fuel Steam Generators with Less Than 250 Million Btu 
Per Hour Heat Input, New and Existing Emissions Units (Effective 3/2/99)
62-296.407 Portland Cement Plants (Effective 1/1/96)
62-296.408 Nitric Acid Plants (Effective 1/1/96)
62-296.409 Sulfur Recovery Plants (Effective 1/1/96)
62-296.410 Carbonaceous Fuel Burning Equipment (Effective 1/1/96)
62-296.411 Sulfur Storage and Handling Facilities (Effective 1/1/96)
62-296.412 Dry Cleaning Facilities (Effective 10/7/96)
62-296.413 Synthetic Organic Fiber Production (Effective 2/12/06)
62-296.414 Concrete Batching Plants (Effective 1/10/07)
62-296.415 Soil Thermal Treatment Facilities (Effective 3/13/96)
62-296.416 Waste-to-Energy Facilities (Effective 10/20/96)
62-296.417 Volume Reduction, Mercury Recovery and Mercury Reclamation 
(Effective 3/2/99)
62-296.418 Bulk Gasoline Plants (Effective 5/9/07)
62-296.470 Implementation of Federal Clean Air Interstate Rule 
(Effective 4/1/07)
62-296.480 Implementation of Federal Clean Air Mercury Rule (Effective 
9/6/06)
62-296.500 Reasonably Available Control Technology (RACT)--Volatile 
Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting 
Facilities (Effective 1/1/96)
62-296.501 Can Coating (Effective 1/1/96)
62-296.502 Coil Coating (Effective 1/1/96)
62-296.503 Paper Coating (Effective 1/1/96)
62-296.504 Fabric and Vinyl Coating (Effective 1/1/96)
62-296.505 Metal Furniture Coating (Effective 1/1/96)
62-296.506 Surface Coating of Large Appliances (Effective 1/1/96)
62-296.507 Magnet Wire Coating (Effective 1/1/96)
62-296.508 Petroleum Liquid Storage (Effective 1/1/96)
62-296.510 Bulk Gasoline Terminals (Effective 1/1/96)
62-296.511 Solvent Metal Cleaning (Effective 10/7/96)
62-296.512 Cutback Asphalt (Effective 1/1/96)
62-296.513 Surface Coating of Miscellaneous Metal Parts and Products 
(Effective 1/1/96)
62-296.514 Surface Coating of Flat Wood Paneling (Effective 1/1/96)
62-296.515 Graphic Arts Systems (Effective 1/1/96)
62-296.516 Petroleum Liquid Storage Tanks with External Floating Roofs 
(Effective 1/1/96)
62-296.570 Reasonably Available Control Technology (RACT)--Requirements 
for Major VOC and NOX-Emitting Facilities (Effective 3/2/99)
62-296.600 Reasonably Available Control Technology (RACT) Lead 
(Effective 3/13/96)
62-296.601 Lead Processing Operations in General (Effective 1/1/96)
62-296.602 Primary Lead-Acid Battery Manufacturing Operations (Effective 
3/13/96)
62-296.603 Secondary Lead Smelting Operations (Effective 1/1/96)
62-296.604 Electric Arc Furnace Equipped Secondary Steel Manufacturing 
Operations. (Effective 1/1/96)
62-296.605 Lead Oxide Handling Operations (Effective 8/8/1994)
62-296.700 Reasonably Available Control Technology (RACT) Particulate 
Matter (Effective 1/1/96)
62-296.701 Portland Cement Plants (Effective 1/1/96)
62-296.702 Fossil Fuel Steam Generators (Effective 1/1/96)
62-296.703 Carbonaceous Fuel Burners (Effective 1/1/96)
62-296.704 Asphalt Concrete Plants (Effective 1/1/96)
62-296.705 Phosphate Processing Operations (Effective 1/1/96)
62-296.706 Glass Manufacturing Process (Effective 1/1/96)
62-296.707 Electric Arc Furnaces (Effective 1/1/96)
62-296.708 Sweat or Pot Furnaces (Effective 1/1/96)
62-296.709 Lime Kilns (Effective 1/1/96)
62-296.710 Smelt Dissolving Tanks (Effective 1/1/96)
62-296.711 Materials Handling, Sizing, Screening, Crushing and Grinding 
Operations (Effective 1/1/96)
62-296.712 Miscellaneous Manufacturing Process Operations (Effective 1/
1/96)

          CHAPTER 62-297 STATIONARY SOURCE EMISSIONS MONITORING

62-297.100 Purpose and Scope (Effective 3/13/96)
62-297.310 General Compliance Test Requirements (Effective 3/2/99)
62-297.320 Standards for Persons Engaged in Visible Emissions 
Observations (Effective 2/12/04)
62-297.401 Compliance Test Methods (Effective 3/2/99)
62-297.440 Supplementary Test Procedures (Effective 10/22/02)
62-297.450 EPA VOC Capture Efficiency Test Procedures (Effective 3/2/99)
62-297.520 EPA Continuous Monitor Performance Specifications (Effective 
3/2/99)

[[Page 146]]

62-297.620 Exceptions and Approval of Alternate Procedures and 
Requirements (Effective 11/23/94)

    (b) Local requirements.
    (1) [Reserved]

                                Maryland:

    (a) State Requirements.
    (1) The following State of Maryland requirements are applicable to 
OCS Sources, May 6, 2016, State of Maryland--Department of the 
Environment. The following sections of Code of Maryland Regulations 
(COMAR) Title 26 Subtitle 11:

COMAR 26.11.01--General Administrative Provisions (Effective as of 
February 15, 2016)
COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as of 
December 10, 2015)
COMAR 26.11.03--Permits, Approvals, and Registration--Title V Permits 
(Effective as of November 12, 2010)
COMAR 26.11.05--Air Pollution Episode System (Effective as of November 
12, 2010)
COMAR 26.11.06--General Emission Standards, Prohibitions, and 
Restrictions (Effective as of July 08, 2013)
COMAR 26.11.07--Open Fires (Effective as of November 12, 2010)
COMAR 26.11.08--Control of Incinerators (Effective as of February 15, 
2016)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary Internal 
Combustion Engines and Certain Fuel-Burning Installations (Effective as 
of July 20, 2015)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound 
Storage and Handling (Effective as of July 21, 2014)
COMAR 26.11.15--Toxic Air Pollutants (Effective as of November 12, 2010)
COMAR 26.11.16--Procedures Related to Requirements for Toxic Air 
Pollutants (Effective as of November 12, 2010)
COMAR 26.11.17--Nonattainment Provisions for Major New Sources and Major 
Modifications (Effective as of July 08, 2013)
COMAR 26.11.19--Volatile Organic Compounds from Specific Processes 
(Effective as of September 28, 2015, 2012)
COMAR 26.11.20--Mobile Sources (Effective as of November 12, 2010)
COMAR 26.11.26--Conformity (Effective as of November 12, 2010)
COMAR 26.11.33--Architectural Coatings (Effective as of November 12, 
2010)
COMAR 26.11.35--Volatile Organic Compounds from Adhesives and Sealants 
(Effective as of November 12, 2010)
COMAR 26.11.36--Distributed Generation (Effective as of June 13, 2011)
COMAR 26.11.39--Architectural and Industrial Maintenance (AIM) Coatings 
(Effective as of April 2016)

                              Massachusetts

    (a) State requirements.
    (1) The following Commonwealth of Massachusetts requirements are 
applicable to OCS Sources, May 20, 2010, Commonwealth of Massachusetts--
Department of Environmental Protection.
    The following sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR 7.00 
and 310 CMR 8.00:

         310 CMR 4.00: Timely Action Schedule and Fee Provisions

Section 4.01: Purpose, Authority and General Provisions (Effective 9/4/
2009)
Section 4.02: Definitions (Effective 9/4/2009)
Section 4.03: Annual Compliance Assurance Fee (Effective 9/4/2009)
Section 4.04: Permit Application Schedules and Fee (Effective 9/4/2009)
Section 4.10: Appendix: Schedules for Timely Action and Permit 
Application Fees (Effective 9/4/2009)

  310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of 
                              Massachusetts

Section 6.01: Definitions (Effective 4/2/2010)
Section 6.02: Scope (Effective 4/2/2010)
Section 6.03: Reference Conditions (Effective 4/2/2010)
Section 6.04: Standards (Effective 4/2/2010)

                   310 CMR 7.00: Air Pollution Control

Section 7.00: Statutory Authority; Legend; Preamble; Definitions 
(Effective 4/2/2010)
Section 7.01: General Regulations to Prevent Air Pollution (Effective 4/
2/2010)
Section 7.02: U Plan Approval and Emission Limitations (Effective 4/2/
2010)
Section 7.03: U Plan Approval Exemptions: Construction Requirements 
(Effective 4/2/2010)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 4/2/2010)
Section 7.05: U Fuels All Districts (Effective 4/2/2010)
Section 7.06: U Visible Emissions (Effective 4/2/2010)
Section 7.07: U Open Burning (Effective 4/2/2010)
Section 7.08: U Incinerators (Effective 4/2/2010)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective 4/2/
2010)
Section 7.11: U Transportation Media (Effective 4/2/2010)
Section 7.12: U Source Registration (Effective 4/2/2010)
Section 7.13: U Stack Testing (Effective 4/2/2010)
Section 7.14: U Monitoring Devices and Reports (Effective 4/2/2010)
Section 7.15: U Asbestos (Effective 4/2/2010)
Section 7.18: U Volatile and Halogenated Organic Compounds (Effective 4/
2/2010)

[[Page 147]]

Section 7.19: U Reasonably Available Control Technology (RACT) for 
Sources of Oxides of Nitrogen (NOX) (Effective 4/2/2010)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 4/2/2010)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of 
Reducing Acid Rain (Effective 4/2/2010)
Section 7.24: U Organic Material Storage and Distribution (Effective 4/
2/2010)
Section 7.25: U Best Available Controls for Consumer and Commercial 
Products (Effective 4/2/2010)
Section 7.26: Industry Performance Standards (Effective 4/2/2010)
Section 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR) 
(Effective 4/2/2010)
Section 7.60: U Severability (Effective 4/2/2010)
Section 7.70: Massachusetts CO2 Budget Trading Program (Effective 4/2/
2010)
Section 7.71: Reporting of Greenhouse Gas Emissions (Effective 4/2/2010)
Section 7.00: Appendix A (Effective 4/2/2010)
Section 7.00: Appendix B (Effective 4/2/2010)
Section 7.00: Appendix C (Effective 4/2/2010)

 310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode 
                 and Air Pollution Incident Emergencies

Section 8.01: Introduction (Effective 4/2/2010)
Section 8.02: Definitions (Effective 4/2/2010)
Section 8.03: Air Pollution Episode Criteria (Effective 4/2/2010)
Section 8.04: Air Pollution Episode Potential Advisories (Effective 4/2/
2010)
Section 8.05: Declaration of Air Pollution Episodes and Incidents 
(Effective 4/2/2010)
Section 8.06: Termination of Air Pollution Episodes and Incident 
Emergencies (Effective 4/2/2010)
Section 8.07: Emission Reductions Strategies (Effective 4/2/2010)
Section 8.08: Emission Reduction Plans (Effective 4/2/2010)
Section 8.15: Air Pollution Incident Emergency (Effective 4/2/2010)
Section 8.30: Severability (Effective 4/2/2010)
(2) [Reserved]

                               New Jersey

    (a) State requirements.
    (1) The following State of New Jersey requirements are applicable to 
OCS Sources, as of August 13, 2009. New Jersey State Department of 
Environmental Protection--New Jersey Administrative Code. The following 
sections of Title 7:

    Chapter 27 Subchapter 2--Control and Prohibition of Open Burning 
                           (Effective 6/20/94)

N.J.A.C. 7:27-2.1. Definitions
N.J.A.C. 7:27-2.2. Open burning for salvage operations
N.J.A.C. 7:27-2.3. Open burning of refuse
N.J.A.C. 7:27-2.4. General provisions
N.J.A.C. 7:27-2.6. Prescribed burning
N.J.A.C. 7:27-2.7. Emergencies
N.J.A.C. 7:27-2.8. Dangerous material
N.J.A.C. 7:27-2.12. Special permit
N.J.A.C. 7:27-2.13. Fees

     Chapter 27 Subchapter 3--Control and Prohibition of Smoke From 
                  Combustion of Fuel (Effective 2/4/02)

N.J.A.C. 7:27-3.1. Definitions
N.J.A.C. 7:27-3.2. Smoke emissions from stationary indirect heat 
exchangers
N.J.A.C. 7:27-3.3. Smoke emissions from marine installations
N.J.A.C. 7:27-3.4. Smoke emissions from the combustion of fuel in mobile 
sources
N.J.A.C. 7:27-3.5. Smoke emissions from stationary internal combustion 
engines and stationary turbine engines
N.J.A.C. 7:27-3.6. Stack test
N.J.A.C. 7:27-3.7. Exceptions

   Chapter 27 Subchapter 4--Control and Prohibition of Particles From 
                 Combustion of Fuel (Effective 4/20/09)

N.J.A.C. 7:27-4.1. Definitions
N.J.A.C. 7:27-4.2. Standards for the emission of particles
N.J.A.C. 7:27-4.3. Performance test principle
N.J.A.C. 7:27-4.4. Emissions tests
N.J.A.C. 7:27-4.6. Exceptions

 Chapter 27 Subchapter 5--Prohibition of Air Pollution (Effective 10/12/
                                   77)

N.J.A.C. 7:27-5.1. Definitions
N.J.A.C. 7:27-5.2. General provisions

   Chapter 27 Subchapter 6--Control and Prohibition of Particles From 
               Manufacturing Processes (Effective 6/12/98)

N.J.A.C. 7:27-6.1. Definitions
N.J.A.C. 7:27-6.2. Standards for the emission of particles
N.J.A.C. 7:27-6.3. Performance test principles
N.J.A.C. 7:27-6.4. Emissions tests
N.J.A.C. 7:27-6.5. Variances
N.J.A.C. 7:27-6.7. Exceptions

           Chapter 27 Subchapter 7--Sulfur (Effective 3/1/67)

N.J.A.C. 7:27-7.1. Definitions
N.J.A.C. 7:27-7.2. Control and prohibition of air pollution from sulfur 
compounds

 Chapter 27 Subchapter 8--Permits and Certificates for Minor Facilities 
 (and Major Facilities Without an Operating Permit) (Effective 4/20/09)

N.J.A.C. 7:27-8.1. Definitions
N.J.A.C. 7:27-8.2. Applicability
N.J.A.C. 7:27-8.3. General provisions
N.J.A.C. 7:27-8.4. How to apply, register, submit a notice, or renew
N.J.A.C. 7:27-8.5. Air quality impact analysis

[[Page 148]]

N.J.A.C. 7:27-8.6. Service fees
N.J.A.C. 7:27-8.7. Operating certificates
N.J.A.C. 7:27-8.8. General permits
N.J.A.C. 7:27-8.9. Environmental improvement pilot tests
N.J.A.C. 7:27-8.11. Standards for issuing a permit
N.J.A.C. 7:27-8.12. State of the art
N.J.A.C. 7:27-8.13. Conditions of approval
N.J.A.C. 7:27-8.14. Denials
N.J.A.C. 7:27-8.15. Reporting requirements
N.J.A.C. 7:27-8.16. Revocation
N.J.A.C. 7:27-8.17. Changes to existing permits and certificates
N.J.A.C. 7:27-8.18. Permit revisions
N.J.A.C. 7:27-8.19. Compliance plan changes
N.J.A.C. 7:27-8.20. Seven-day notice changes
N.J.A.C. 7:27-8.21. Amendments
N.J.A.C. 7:27-8.22. Changes to sources permitted under batch plant, 
pilot plant, dual plant, or laboratory operating permitting procedures
N.J.A.C. 7:27-8.23. Reconstruction
N.J.A.C. 7:27-8.24. Special provisions for construction but not 
operation
N.J.A.C. 7:27-8.25. Special provisions for pollution control equipment 
or pollution prevention process modifications
N.J.A.C. 7:27-8.26. Civil or criminal penalties for failure to comply
N.J.A.C. 7:27-8.27. Special facility-wide permit provisions
N.J.A.C. 7:27-8.28. Delay of testing
Appendix I

      Chapter 27 Subchapter 9--Sulfur in Fuels (Effective 4/19/00)

N.J.A.C. 7:27-9.1. Definitions
N.J.A.C. 7:27-9.2. Sulfur content standards
N.J.A.C. 7:27-9.3. Exemptions
N.J.A.C. 7:27-9.4. Waiver of air quality modeling
N.J.A.C. 7:27-9.5. Incentive for conversion to coal or other solid fuel

  Chapter 27 Subchapter 10--Sulfur in Solid Fuels (Effective 04/20/09)

N.J.A.C. 7:27-10.1. Definitions
N.J.A.C. 7:27-10.2. Sulfur contents standards
N.J.A.C. 7:27-10.3. Expansion, reconstruction or construction of solid 
fuel burning units
N.J.A.C. 7:27-10.4. Exemptions
N.J.A.C. 7:27-10.5. SO2 emission rate determinations

        Chapter 27 Subchapter 11--Incinerators (Effective 5/4/98)

N.J.A.C. 7:27-11.1. Definitions
N.J.A.C. 7:27-11.2. Construction standards
N.J.A.C. 7:27-11.3. Emission standards
N.J.A.C. 7:27-11.4. Permit to construct; certificate to operate
N.J.A.C. 7:27-11.5. Operation
N.J.A.C. 7:27-11.6. Exceptions

   Chapter 27 Subchapter 12--Prevention and Control of Air Pollution 
                     Emergencies (Effective 3/19/74)

N.J.A.C. 7:27-12.1. Definitions
N.J.A.C. 7:27-12.2. Emergency criteria
N.J.A.C. 7:27-12.3. Criteria for emergency termination
N.J.A.C. 7:27-12.4. Standby plans
N.J.A.C. 7:27-12.5. Standby orders
Table I Emission Reduction Objectives
Table II Emission Reduction Objectives
Table III Emission Reduction Objectives

 Chapter 27 Subchapter 16--Control and Prohibition of Air Pollution by 
             Volatile Organic Compounds (Effective 04/20/09)

N.J.A.C. 7:27-16.1. Definitions
N.J.A.C. 7:27-16.1A. Purpose, scope, applicability, and severability
N.J.A.C. 7:27-16.2. VOC stationary storage tanks
N.J.A.C. 7:27-16.3. Gasoline transfer operations
N.J.A.C. 7:27-16.4. VOC transfer operations, other than gasoline
N.J.A.C. 7:27-16.5. Marine tank vessel loading and ballasting operations
N.J.A.C. 7:27-16.6. Open top tanks and solvent cleaning operations
N.J.A.C. 7:27-16.7. Surface coating and graphic arts operations
N.J.A.C. 7:27-16.8. Boilers
N.J.A.C. 7:27-16.9. Stationary combustion turbines
N.J.A.C. 7:27-16.10. Stationary reciprocating engines
N.J.A.C. 7:27-16.12. Surface coating operations at mobile equipment 
repair and refinishing facilities
N.J.A.C. 7:27-16.13. Flares
N.J.A.C. 7:27-16.16. Other source operations
N.J.A.C. 7:27-16.17. Alternative and facility-specific VOC control 
requirements
N.J.A.C. 7:27-16.18. Leak detection and repair
N.J.A.C. 7:27-16.19. Application of cutback and emulsified asphalts
N.J.A.C. 7:27-16.21. Natural gas pipelines
N.J.A.C. 7:27-16.22. Emission information, recordkeeping and testing
N.J.A.C. 7:27-16.23. Procedures for demonstrating compliance
N.J.A.C. 7:27-16.26. Variances
N.J.A.C. 7:27-16.27. Exceptions
APPENDIX I
APPENDIX II

Chapter 27 Subchapter 18--Control and Prohibition of Air Pollution From 
 New or Altered Sources Affecting Ambient Air Quality (Emission Offset 
                       Rules) (Effective 12/1/08)

N.J.A.C. 7:27-18.1. Definitions
N.J.A.C. 7:27-18.2. Facilities subject to this subchapter
N.J.A.C. 7:27-18.3. Standards for issuance of permits

[[Page 149]]

N.J.A.C. 7:27-18.4. Air quality impact analysis
N.J.A.C. 7:27-18.5. Standards for use of emission reductions as emission 
offsets
N.J.A.C. 7:27-18.6. Emission offset postponement
N.J.A.C. 7:27-18.7. Determination of a net emission increase or a 
significant net emission increase
N.J.A.C. 7:27-18.8. Banking of emission reductions
N.J.A.C. 7:27-18.9. Secondary emissions
N.J.A.C. 7:27-18.10. Exemptions
N.J.A.C. 7:27-18.12. Civil or criminal penalties for failure to comply

Chapter 27 Subchapter 19--Control and Prohibition of Air Pollution From 
                 Oxides of Nitrogen (Effective 04/20/09)

N.J.A.C. 7:27-19.1. Definitions
N.J.A.C. 7:27-19.2. Purpose, scope and applicability
N.J.A.C. 7:27-19.3. General provisions
N.J.A.C. 7:27-19.4. Boilers serving electric generating units
N.J.A.C. 7:27-19.5. Stationary combustion turbines
N.J.A.C. 7:27-19.6. Emissions averaging
N.J.A.C. 7:27-19.7. Industrial/commercial/institutional boilers and 
other indirect heat exchangers
N.J.A.C. 7:27-19.8. Stationary reciprocating engines
N.J.A.C. 7:27-19.11. Emergency generators--recordkeeping
N.J.A.C. 7:27-19.13. Alternative and facility-specific NOX 
emission limits
N.J.A.C. 7:27-19.14. Procedures for obtaining approvals under this 
subchapter
N.J.A.C. 7:27-19.15. Procedures and deadlines for demonstrating 
compliance
N.J.A.C. 7:27-19.16. Adjusting combustion processes
N.J.A.C. 7:27-19.17. Source emissions testing
N.J.A.C. 7:27-19.18. Continuous emissions monitoring
N.J.A.C. 7:27-19.19. Recordkeeping and recording
N.J.A.C. 7:27-19.20. Fuel switching
N.J.A.C. 7:27-19.21. Phased compliance--repowering
N.J.A.C. 7:27-19.23. Phased compliance--use of innovative control 
technology
N.J.A.C. 7:27-19.24. MEG alerts
N.J.A.C. 7:27-19.25. Exemption for emergency use of fuel oil
N.J.A.C. 7:27-19.26. Penalties

    Chapter 27 Subchapter 20--Used Oil Combustion (Effective 6/19/06)

N.J.A.C. 7:27-20.1. Definitions
N.J.A.C. 7:27-20.2. General provisions
N.J.A.C. 7:27-20.3. Burning of on-specification used oil in space 
heaters covered by a registration
N.J.A.C. 7:27-20.4. Burning of on-specification used oil in space 
heaters covered by a permit
N.J.A.C. 7:27-20.5. Demonstration that used oil is on-specification
N.J.A.C. 7:27-20.6. Burning of on-specification oil in other combustion 
units
N.J.A.C. 7:27-20.7. Burning of off-specification used oil
N.J.A.C. 7:27-20.8. Ash standard
N.J.A.C. 7:27-20.9. Exception

    Chapter 27 Subchapter 21--Emission Statements (Effective 4/20/09)

N.J.A.C. 7:27-21.1. Definitions
N.J.A.C. 7:27-21.2. Applicability
N.J.A.C. 7:27-21.3. General provisions
N.J.A.C. 7:27-21.4. Procedures for submitting an emission statement
N.J.A.C. 7:27-21.5. Required contents of an emission statement
N.J.A.C. 7:27-21.6 Methods to be used for quantifying actual emissions
N.J.A.C. 7:27-21.7. Recordkeeping requirements
N.J.A.C. 7:27-21.8. Certification of information
N.J.A.C. 7:27-21.9. Request for extensions
N.J.A.C. 7:27-21.10. Notification of non-applicability
N.J.A.C. 7:27-21.11. Severability

     Chapter 27 Subchapter 22--Operating Permits (Effective 12/1/08)

N.J.A.C. 7:27-22.1. Definitions
N.J.A.C. 7:27-22.2. Applicability
N.J.A.C. 7:27-22.3. General provisions
N.J.A.C. 7:27-22.4. General application procedures
N.J.A.C. 7:27-22.5. Application procedures for initial operating permits
N.J.A.C. 7:27-22.6. Operating permit application contents
N.J.A.C. 7:27-22.7. Application shield
N.J.A.C. 7:27-22.8. Air quality simulation modeling and risk assessment
N.J.A.C. 7:27-22.9. Compliance plans
N.J.A.C. 7:27-22.10. Completeness reviews
N.J.A.C. 7:27-22.11. Public comment
N.J.A.C. 7:27-22.12. EPA comment
N.J.A.C. 7:27-22.13. Final action on an application
N.J.A.C. 7:27-22.14. General operating permits
N.J.A.C. 7:27-22.15. Temporary facility operating permits
N.J.A.C. 7:27-22.16. Operating permit contents
N.J.A.C. 7:27-22.17. Permit shield
N.J.A.C. 7:27-22.18. Source emissions testing and monitoring
N.J.A.C. 7:27-22.19. Recordkeeping, reporting and compliance 
certification
N.J.A.C. 7:27-22.20. Administrative amendments
N.J.A.C. 7:27-22.21. Changes to insignificant source operations

[[Page 150]]

N.J.A.C. 7:27-22.22. Seven-day-notice changes
N.J.A.C. 7:27-22.23. Minor modifications
N.J.A.C. 7:27-22.24. Significant modifications
N.J.A.C. 7:27-22.24A. Reconstruction
N.J.A.C. 7:27-22.25. Department initiated operating permit modifications
N.J.A.C. 7:27-22.26. MACT and GACT standards
N.J.A.C. 7:27-22.27. Operating scenarios
N.J.A.C. 7:27-22.28A. Emissions trading
N.J.A.C. 7:27-22.28B. Facility-specific emissions averaging programs
N.J.A.C. 7:27-22.29. Facilities subject to acid deposition control
N.J.A.C. 7:27-22.30. Renewals
N.J.A.C. 7:27-22.31. Fees
N.J.A.C. 7:27-22.32. Hearings and appeals
N.J.A.C. 7:27-22.33. Preconstruction review
N.J.A.C. 7:27-22.34. Early reduction of HAP emissions
N.J.A.C. 7:27-22.35. Advances in the art of air pollution
APPENDIX
TABLE A
TABLE B

       Chapter 27 Subchapter 30--Clean Air Interstate Rule (CAIR) 
           NOX Trading Program (Effective 8/17/07)

N.J.A.C. 7:27-30.1. Purpose and scope
N.J.A.C. 7:27-30.2. Definitions
N.J.A.C. 7:27-30.3. Allocation of CAIR NOX annual allowances 
& CAIR NOX ozone season allowances
N.J.A.C. 7:27-30.4. The compliance supplement pool
N.J.A.C. 7:27-30.5. Claims for incentive allowances
N.J.A.C. 7:27-30.6. Reporting requirements

 Chapter 27 Subchapter 31--NOX Budget Program (Effective 4/5/
                                   04)

N.J.A.C. 7:27-31.1. Purpose and scope
N.J.A.C. 7:27-31.2. Definitions
N.J.A.C. 7:27-31.3. Applicability and general provisions
N.J.A.C. 7:27-31.4. Opt-in provisions
N.J.A.C. 7:27-31.5. Interface with the emission offset program
N.J.A.C. 7:27-31.6. Use of allowances by former users of DER credits
N.J.A.C. 7:27-31.7. Annual allowance allocation
N.J.A.C. 7:27-31.8. Claims for incentive allowances
N.J.A.C. 7:27-31.9. Permits
N.J.A.C. 7:27-31.10. Allowance use, transfer and retirement
N.J.A.C. 7:27-31.11. Allowance banking
N.J.A.C. 7:27-31.12. Early reductions
N.J.A.C. 7:27-31.13. NOX allowance tracking system (NATS)
N.J.A.C. 7:27-31.14. Emission monitoring
N.J.A.C. 7:27-31.15. Recordkeeping
N.J.A.C. 7:27-31.16. Reporting
N.J.A.C. 7:27-31.17. End-of-season reconciliation
N.J.A.C. 7:27-31.18. Compliance certification
N.J.A.C. 7:27-31.19. Excess emissions deduction
N.J.A.C. 7:27-31.20. Program audit
N.J.A.C. 7:27-31.21. Guidance documents and sources incorporated by 
reference

    Chapter 27B Subchapter 1--Sampling and Analytical Procedures for 
Determining Emissions of Particles From Manufacturing Processes and From 
                 Combustion of Fuels (Effective 6/1/76)

N.J.A.C. 7:27B-1.1. Definitions
N.J.A.C. 7:27B-1.2. Acceptable test methods
N.J.A.C. 7:27B-1.3. Operating conditions during the test
N.J.A.C. 7:27B-1.4. Sampling facilities to be provided by the person 
responsible for emissions
N.J.A.C. 7:27B-1.5. Sampling train
N.J.A.C. 7:27B-1.6. Performance test principle
N.J.A.C. 7:27B-1.7. General testing requirements
N.J.A.C. 7:27B-1.8. Required test data
N.J.A.C. 7:27B-1.9. Preparation for sampling
N.J.A.C. 7:27B-1.10. Sampling
N.J.A.C. 7:27B-1.11. Sample recovery
N.J.A.C. 7:27B-1.12. Analysis
N.J.A.C. 7:27B-1.13. Calculations
N.J.A.C. 7:27B-1.14. Validation of test

  Chapter 27B Subchapter 2--Procedures for Visual Determination of the 
    Opacity (Percent) and Shade or Appearance (Ringelmann Number) of 
               Emissions From Sources (Effective 6/21/76)

N.J.A.C. 7:27B-2.1. Definitions
N.J.A.C. 7:27B-2.2. Acceptable observation methods
N.J.A.C. 7:27B-2.3. Observation principle
N.J.A.C. 7:27B-2.4. General observation requirements
N.J.A.C. 7:27B-2.5. Required observation data
N.J.A.C. 7:27B-2.6. Certification
REFERENCES
APPENDIX

  Chapter 27B Subchapter 3--Air Test Method 3: Sampling and Analytical 
  Procedures for the Determination of Volatile Organic Compounds From 
                  Source Operations (Effective 12/1/08)

N.J.A.C. 7:27B-3.1. Definitions
N.J.A.C. 7:27B-3.2. Sampling and analytical protocol: acceptable test 
methods
N.J.A.C. 7:27B-3.3. Operating conditions during the test
N.J.A.C. 7:27B-3.4. Sampling facilities
N.J.A.C. 7:27B-3.5. Source operations and applicable test methods
N.J.A.C. 7:27B-3.6. Procedures for the determinations of vapor pressures 
of a single known VOC or mixtures of known and/or unknown VOC

[[Page 151]]

N.J.A.C. 7:27B-3.7. Procedures for the direct measurement of volatile 
organic compounds using a flame ionization detector (FID), a 
photoionization detector (PID) or a non-dispersive infrared analyzer 
(NDIR)
N.J.A.C. 7:27B-3.8. Procedures for the direct measurement of volatile 
organic compounds using a gas chromatograph (GC) with a flame ionization 
detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.9. Procedures for the sampling and remote analysis of 
known volatile organic compounds using a gas chromatograph (GC) with a 
flame ionization detector (FID) or other suitable detector
N.J.A.C. 7:27B-3.10. Procedures for the determination of volatile 
organic compounds in surface coating formulations
N.J.A.C. 7:27B-3.11. Procedures for the determination of volatile 
organic compounds emitted from transfer operations using a flame 
ionization detector (FID) or non-dispersive infrared analyzer (NDIR)
N.J.A.C. 7:27B-3.12. Procedures for the determination of volatile 
organic compounds in cutback and emulsified asphalts
N.J.A.C. 7:27B-3.13. Procedures for the determination of leak tightness 
of gasoline delivery vessels
N.J.A.C. 7:27B-3.14. Procedures for the direct detection of fugitive 
volatile organic compound leaks
N.J.A.C. 7:27B-3.15. Procedures for the direct detection of fugitive 
volatile organic compound leaks from gasoline tank trucks and vapor 
collection systems using a combustible gas detector
N.J.A.C. 7:27B-3.18. Test methods and sources incorporated by reference.

                                New York

    (a) State requirements.
    (1) The following State of New York requirements are applicable to 
OCS Sources, October 20, 2007. New York Environmental Conservation Law--
Department of Environmental Conservation. The following sections of 
Title 6, Chapter III:

                      Part 200. General Provisions

6 NYCRR 200.1. Definitions (effective 8/9/06)
6 NYCRR 200.2. Safeguarding Information (effective 1/16/92)
6 NYCRR 200.3. False Statement (effective 6/16/72)
6 NYCRR 200.4. Severability (effective 8/9/84)
6 NYCRR 200.5. Sealing (effective 2/22/79)
6 NYCRR 200.6. Acceptable Ambient Air Quality (effective 4/6/83)
6 NYCRR 200.7. Maintenance of Equipment (effective 2/22/79)
6 NYCRR 200.8. Conflict of Interest (effective 1/12/75)
6 NYCRR 200.9. Referenced Material (effective 1/271/07)
6 NYCRR 200.10. Federal Standards and Requirements (effective 10/20/07)

                   Part 201. Permits and Certificates

6 NYCRR 201-1. General Provisions (effective 7/7/96)
6 NYCRR 201-2. Definitions (effective 11/21/98)
6 NYCRR 201-3. Exemptions and Trivial Activities (effective 5/7/03)
6 NYCRR 201-4. Minor Facility Registrations (effective 7/7/96)
6 NYCRR 201-5. State Facility Permits (effective 7/7/96)
6 NYCRR 201-6. Title V Facility Permits (effective 1/18/02)
6 NYCRR 201-7. Federally Enforceable Emission Caps (effective 7/7/96)
6 NYCRR 201-8. General Permits (effective 7/7/96)

                    Part 202. Emissions Verification

6 NYCRR 202-1. Emissions Testing, Sampling and Analytical Determinations 
(effective 5/29/05)
6 NYCRR 202-2. Emission Statements (effective 5/29/05)

             Part 204. NOX Budget Trading Program

6 NYCRR 204-1. General Provisions (effective 2/25/00)
6 NYCRR 204-2. Authorized Account Representative for NOX 
Budget Sources (effective 2/25/00)
6 NYCRR 204-3. Permits (effective 2/25/00)
6 NYCRR 204-4. Compliance Certification (effective 2/25/00)
6 NYCRR 204-5. Allowance Allocations (effective 2/25/00)
6 NYCRR 204-6. Allowance Tracking System (effective 2/25/00)
6 NYCRR 204-7. NOX Allowance Transfers (effective 2/25/00)
6 NYCRR 204-8. Monitoring and Reporting (effective 2/25/00)
6 NYCRR 204-9. Individual Unit Opt-ins (effective 2/25/00)

Part 207--Control Measures for Air Pollution Episode (Effective 2/22/79)

 Part 210--Emissions and Labeling Requirements for Personal Watercraft 
                                 Engines

6 NYCRR 210-1. Applicability and Definitions (effective 8/8/03)
6 NYCRR 210-2. Certification and Prohibitions (effective 8/8/03)
6 NYCRR 210-3. Family Emission Limits (effective 8/8/03)
6 NYCRR 210-4. In-Use Testing and Recall (effective 8/8/03)
6 NYCRR 210-5. Warranty (effective 8/8/03)
6 NYCRR 210-6. Production-Line Testing (effective 8/8/03)
6 NYCRR 210-7. Severability (effective 8/8/03)

[[Page 152]]

           Part 211--General Prohibitions (Effective 8/11/83)

     Part 212--General Process Emission Sources (Effective 9/22/94)

                Part 215--Open Fires (Effective 6/16/72)

                         Part 219--Incinerators

6 NYCRR 219-1. Incineration--General Provisions (effective 10/30/02)
6 NYCRR 219-2. Municipal and Private Solid Waste Incineration Facilities 
(effective 5/21/05)
6 NYCRR 219-3. Infectious Waste Incineration Facilities (effective 12/
31/88)
6 NYCRR 219-5. Existing Incinerators (effective 12/31/88)
6 NYCRR 219-6. Existing Incinerators--New York City, Nassau and 
Westchester Counties (effective 12/31/88)
6 NYCRR 219-7. Mercury Emission Limitations for Large Municipal Waste 
Combustors Constructed On or Before September 20, 1994 (effective 5/21/
05)
6 NYCRR 219-8. Emission Guidelines and Compliance Times for Small 
Municipal Waste Combustion Units Constructed On or Before August 30, 
1999 (effective 10/18/02)

                   Part 225--Fuel Consumption and Use

6 NYCRR 225-1. Fuel Composition and Use--Sulfur Limitations (effective 
1/29/86)
6 NYCRR 225-2. Fuel Composition and Use--Waste Fuel (effective 11/5/84)
6 NYCRR 225-3. Fuel Composition and Use--Gasoline (effective 11/4/01)
6 NYCRR 225-4. Motor Vehicle Diesel Fuel (effective 5/8/05)

      Part 226--Solvent Metal Cleaning Processes (Effective 5/7/03)

              Part 227--Stationary Combustion Installations

6 NYCRR 227-1. Stationary Combustion Installations (effective 2/25/00)
6 NYCRR 227-2. Reasonably Available Control Technology (RACT) for Oxides 
of Nitrogen (NOX) (effective 2/11/04)
6 NYCRR 227-3. Pre-2003 Nitrogen Oxides Emissions Budget and Allowance 
Program (effective 3/15/99)

         Part 228--Surface Coating Processes (Effective 7/23/03)

  Part 229--Petroleum and Volatile Organic Liquid Storage and Transfer 
                           (Effective 4/4/93)

 Part 231--New Source Review in Nonattainment Areas and Ozone Transport 
                                 Region

6 NYCRR 231-1. Requirements for Emission Sources Subject to the 
Regulation Prior to November 15, 1992 (effective 10/15/94)
6 NYCRR 231-2. Requirements for Emission Sources Subject to the 
Regulation On or After November 15, 1992 (effective 5/3/00)

Part 240--Conformity to State or Federal Implementation Plans (Effective 
                                10/22/04)

       Part 243--CAIR NOX Ozone Season Trading Program

6 NYCRR 243-1. CAIR NOX Ozone Season Trading Program General 
Provisions (effective 10/19/07)
6 NYCRR 243-2. CAIR Designated Representative for CAIR NOX 
Ozone Season Sources (effective 10/19/07)
6 NYCRR 243-3. Permits (effective 10/19/07)
6 NYCRR 243-5. CAIR NOX Ozone Season Allowance Allocations 
(effective 10/19/07)
6 NYCRR 243-6. CAIR NOX Ozone Season Allowance Tracking 
System (effective 10/19/07)
6 NYCRR 243-7. CAIR NOX Ozone Season Allowance Transfers 
(effective 10/19/07)
6 NYCRR 243-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 243-9. CAIR NOX Ozone Season Opt-in Units (effective 
10/19/07)

          Part 244--CAIR NOX Annual Trading Program

6 NYCRR 244-1. CAIR NOX Annual Trading Program General 
Provisions (effective 10/19/07)
6 NYCRR 244-2. CAIR Designated Representative for CAIR NOX 
Sources (effective 10/19/07)
6 NYCRR 244-3. Permits (effective 10/19/07)
6 NYCRR 244-5. CAIR NOX Allowance Allocations (effective 10/
19/07)
6 NYCRR 244-6. CAIR NOX Allowance Tracking System (effective 
10/19/07)
6 NYCRR 244-7. CAIR NOX Allowance Transfers (effective 10/19/
07)
6 NYCRR 244-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 244-9. CAIR NOX Opt-in Units (effective 10/19/07)

              Part 245--CAIR SO2 Trading Program

6 NYCRR 245-1. CAIR SO2 Trading Program General Provisions 
(effective 10/19/07)
6 NYCRR 245-2. CAIR Designated Representative for CAIR SO2 
Sources (effective 10/19/07)
6 NYCRR 245-3. Permits (effective 10/19/07)
6 NYCRR 245-6. CAIR SO2 Allowance Tracking System (effective 
10/19/07)
6 NYCRR 245-7. CAIR SO2 Allowance Transfers (effective 10/19/
07)
6 NYCRR 245-8. Monitoring and Reporting (effective 10/19/07)
6 NYCRR 245-9. CAIR SO2 Opt-in Units (effective 10/19/07)

                             North Carolina

    (a) State requirements.

[[Page 153]]

    (1) The following requirements are contained in State of North 
Carolina Air Pollution Control Requirements Applicable to OCS Sources, 
January 2, 2008: The following sections of subchapter 2D, 2H and 2Q.

       15A NCAC SUBCHAPTER 2D--AIR POLLUTION CONTROL REQUIREMENTS

                SECTION .0100--DEFINITIONS AND REFERENCES

2D.0101 Definitions (Effective 12/01/2005)
2D.0104 Incorporation by reference (Effective 07/01/1998)

                  SECTION .0200--AIR POLLUTION SOURCES

2D.0201 Classification of air pollution sources (Effective 07/01/1984)
2D.0202 Registration of air pollution sources (Effective 07/01/1998)

                SECTION .0300--AIR POLLUTION EMERGENCIES

2D.0301 Purpose (Effective 02/01/1976)
2D.0302 Episode criteria (Effective 07/01/1998)
2D.0303 Emission reduction plans (Effective 07/01/1984)
2D.0304 Preplanned abatement program (Effective 07/01/1998)
2D.0305 Emission reduction plan: Alert Level (Effective 07/01/1984)
2D.0306 Emission reduction plan: Warning Level (Effective 07/01/1984)
2D.0307 Emission reduction plan: Emergency Level (Effective 07/01/1984)

              SECTION .0400--AMBIENT AIR QUALITY STANDARDS

2D.0401 Purpose (Effective 12/01/1992)
2D.0402 Sulfur oxides (Effective 07/01/1984)
2D.0403 Total suspended particulates (Effective 07/01/1988)
2D.0404 Carbon monoxide (Effective 10/01/1989)
2D.0405 Ozone (Effective 04/01/1999)
2D.0407 Nitrogen dioxide (Effective 10/01/1989)
2D.0408 Lead (Effective 07/01/1984)
2D.0409 PM10 particulate matter (Effective 04/01/1999)
2D.0410 PM2.5 particulate matter (Effective 04/01/1999)

                SECTION .0500--EMISSION CONTROL STANDARDS

2D.0501 Compliance with emission control standards (Effective 06/01/
2008)
2D.0502 Purpose (Effective 06/01/1981)
2D.0503 Particulates from fuel burning indirect heat exchangers 
(Effective 04/01/1999)
2D.0504 Particulates from wood burning indirect heat exchangers 
(Effective 08/01/2002)
2D.0506 Particulates from hot mix asphalt plants (Effective 08/01/2004)
2D.0507 Particulates from chemical fertilizer manufacturing plants 
(Effective 04/01/2003)
2D.0508 Particulates from pulp and paper mills (Effective 07/10/1998)
2D.0509 Particulates from MICA or FELDSPAR processing plants (Effective 
04/01/2003)
2D.0510 Particulates from sand, gravel, or crushed stone operations 
(Effective 07/01/1998)
2D.0511 Particulates from lightweight aggregate processes (Effective 07/
01/1998)
2D.0512 Particulates from wood products finishing plants (Effective 01/
01/1985)
2D.0513 Particulates from portland cement plants (Effective 07/01/1998)
2D.0514 Particulates from ferrous jobbing foundries (Effective 07/01/
1998)
2D.0515 Particulates from miscellaneous industrial processes (Effective 
04/01/2003)
2D.0516 Sulfur dioxide emissions from combustion sources (Effective 07/
01/2007)
2D.0517 Emissions from plants producing sulfuric acid (Effective 01/01/
1985)
2D.0519 Control of nitrogen dioxide and nitrogen oxides emissions 
(Effective 07/01/2007)
2D.0521 Control of visible emissions (Effective 07/01/2007)
2D.0524 New Source Performance Standards (Effective 07/01/2007)
2D.0527 Emissions from spodumene ore roasting (Effective 01/01/1985)
2D.0528 Total reduced sulfur from kraft pulp mills (Effective 07/01/
1988)
2D.0529 Fluoride emissions from primary aluminum reduction plants 
(Effective 06/01/2008)
2D.0530 Prevention of significant deterioration (Effective 05/01/2008)
2D.0531 Sources in nonattainment areas (Effective 05/01/2008)
2D.0532 Sources contributing to an ambient violation (Effective (07/01/
1994)
2D.0533 Stack height (Effective 07/01/1994)
2D.0534 Fluoride emissions from phosphate fertilizer industry (Effective 
11/01/1982)
2D.0535 Excess emissions reporting and malfunctions (Effective 06/01/
2008)
2D.0536 Particulate emissions from electric utility boilers (Effective 
06/10/2008)
2D.0537 Control of mercury emissions (Effective 07/01/1996)
2D.0538 Control of ethylene oxide emissions (Effective 06/01/2004)
2D.0539 Odor control of feed ingredient manufacturing plants (Effective 
04/01/2001)
2D.0540 Particulates from fugitive dust emission sources (Effective 08/
01/2007)
2D.0541 Control of emissions from abrasive blasting (Effective 07/01/
2000)
2D.0542 Control of particulate emissions from cotton ginning operations 
(Effective 06/01/2008)
2D.0543 Best Available Retrofit Technology (Effective 05/01/2007)

           SECTION .0600--MONITORING: RECORDKEEPING: REPORTING

2D.0601 Purpose and scope (Effective 04/01/1999)
2D.0602 Definitions (Effective 04/01/1999)

[[Page 154]]

2D.0604 Exceptions to monitoring and reporting requirements (Effective 
04/01/1999)
2D.0605 General recordkeeping and reporting requirements (Effective 01/
01/2007)
2D.0606 Sources covered by appendix P of 40 CFR part 51 (Effective 06/
01/2008)
2D.0607 Large wood and wood-fossil fuel combination units (Effective 07/
01/1999)
2D.0608 Other large coal or residual oil burners (Effective 06/01/2008)
2D.0610 Federal monitoring requirements (Effective 04/01/1999)
2D.0611 Monitoring emissions from other sources (Effective 04/01/1999)
2D.0612 Alternative monitoring and reporting procedures (Effective 04/
01/1999)
2D.0613 Quality assurance program (Effective 04/01/1999)
2D.0614 Compliance assurance monitoring (Effective 04/01/1999)
2D.0615 Delegation (Effective 04/01/1999)

                SECTION .0900--VOLATILE ORGANIC COMPOUNDS

2D.0901 Definitions (Effective 06/01/2008)
2D.0902 Applicability (Effective 07/01/2007)
2D.0903 Recordkeeping: reporting: monitoring (Effective 04/01/1999)
2D.0906 Circumvention (Effective 01/01/1985)
2D.0909 Compliance schedules for sources in nonattainment areas 
(Effective 07/01/2007)
2D.0912 General provisions on test methods and procedures (Effective 06/
01/2008)
2D.0917 Automobile and light-duty truck manufacturing (Effective 07/01/
1996)
2D.0918 Can coating (Effective 07/01/1996)
2D.0919 Coil coating (Effective 07/01/1996)
2D.0920 Paper coating (Effective 07/01/1996)
2D.0921 Fabric and vinyl coating (Effective 07/01/1996)
2D.0922 Metal furniture coating (Effective 07/01/1996)
2D.0923 Surface coating of large appliances (Effective 07/01/1996)
2D.0924 Magnet wire coating (Effective 07/01/1996)
2D.0925 Petroleum liquid storage in fixed roof tanks (03/01/1991)
2D.0926 Bulk gasoline plants (Effective 07/01/1996)
2D.0927 Bulk gasoline terminals (Effective 01/01/2007)
2D.0928 Gasoline service stations stage I (Effective 07/01/1996)
2D.0930 Solvent metal cleaning (Effective 03/01/1991)
2D.0931 Cutback asphalt (Effective 12/01/1989)
2D.0932 Gasoline truck tanks and vapor collection systems (Effective 08/
01/2008)
2D.0933 Petroleum liquid storage in external floating roof tanks 
(Effective 06/01/2004)
2D.0934 Coating of miscellaneous metal parts and products (Effective 07/
01/1996)
2D.0935 Factory surface coating of flat wood paneling (Effective 07/01/
1996)
2D.0936 Graphic arts (Effective 12/01/1993)
2D.0937 Manufacture of pneumatic rubber tires (Effective 07/01/1996)
2D.0943 Synthetic organic chemical and polymer manufacturing (Effective 
06/01/2008)
2D.0944 Manufacture of polyethylene: polypropylene and polystyrene 
(Effective 05/01/1985)
2D.0945 Petroleum dry cleaning (Effective 06/01/2008)
2D.0947 Manufacture of synthesized pharmaceutical products (Effective 
07/01/1994)
2D.0948 VOC emissions from transfer operations (Effective 07/01/2000)
2D.0949 Storage of miscellaneous volatile organic compounds (Effective 
07/01/2000)
2D.0951 Miscellaneous volatile organic compound emissions (Effective 07/
01/2000)
2D.0952 Petition for alternative controls for RACT (Effective 04/01/
2003)
2D.0953 Vapor return piping for stage II vapor recovery (Effective 07/
01/1998)
2D.0954 Stage II vapor recovery (Effective 04/01/2003)
2D.0955 Thread bonding manufacturing (Effective 05/01/1995)
2D.0956 Glass Christmas ornament manufacturing (Effective 05/01/1995)
2D.0957 Commercial bakeries (Effective 05/01/1995)
2D.0958 Work practices for sources of volatile organic compounds 
(Effective 07/01/2000)
2D.0959 Petition for superior alternative controls (Effective 04/01/
2003)
2D.0960 Certification of leak tightness tester (Effective 07/01/2007)

             SECTION .1100--CONTROL OF TOXIC AIR POLLUTANTS

2D.1101 Purpose (Effective 05/01/1990)
2D.1102 Applicability (Effective 07/01/1998)
2D.1103 Definition (Effective 04/01/2001)
2D.1104 Toxic air pollutant guidelines (Effective 06/01/2008)
2D.1105 Facility reporting, recordkeeping (Effective 04/01/1999)
2D.1106 Determination of ambient air concentration (Effective 07/01/
1998)
2D.1107 Multiple facilities (Effective 07/01/1998)
2D.1108 Multiple pollutants (Effective 05/01/1990)
2D.1109 112(j) case-by-case maximum achievable control technology 
(Effective 02/01/2004)
2D.1110 National Emission Standards for Hazardous Air Pollutants 
(Effective 06/01/2008)
2D.1111 Maximum Achievable Control Technology (Effective 01/01/2007)
2D.1112 112(g) case by case maximum achievable control technology 
(Effective 07/01/1998)

          SECTION .1200--CONTROL OF EMISSIONS FROM INCINERATORS

2D.1201 Purpose and scope (Effective 07/01/2007)

[[Page 155]]

2D.1202 Definitions (Effective 07/01/2007)
2D.1203 Hazardous waste incinerators (Effective 06/01/2008)
2D.1204 Sewage sludge and sludge incinerators (Effective 06/01/2008)
2D.1205 Municipal waste combustors (Effective 04/01/2004)
2D.1206 Hospital, medical, and infectious waste incinerators (Effective 
06/01/2008)
2D.1207 Conical incinerators (Effective 07/01/2000)
2D.1208 Other incinerators (Effective 08/01/2008)
2D.1210 Commercial and industrial solid waste incineration units 
(Effective 06/01/2008)
2D.1211 Other solid waste incineration units (Effective 07/01/2007)

               SECTION .1300--OXYGENATED GASOLINE STANDARD

2D.1301 Purpose (Effective 09/01/1996)
2D.1302 Applicability (Effective 09/01/1996)
2D.1303 Definitions (Effective 09/01/1992)
2D.1304 Oxygen content standard (Effective 09/01/1996)
2D.1305 Measurement and enforcement (Effective 07/01/1998)

                     SECTION .1400--NITROGEN OXIDES

2D.1401 Definitions (Effective 07/18/2002)
2D.1402 Applicability (Effective 06/01/2008)
2D.1403 Compliance schedules (Effective 07/01/2007)
2D.1404 Recordkeeping: Reporting: Monitoring: (Effective 12/01/2005)
2D.1405 Circumvention (Effective 04/01/1995)
2D.1407 Boilers and indirect-fired process heaters (Effective 06/01/
2008)
2D.1408 Stationary combustion turbines (Effective 06/01/2008)
2D.1409 Stationary internal combustion engines (Effective 06/01/2008)
2D.1410 Emissions averaging (Effective 07/18/2002)
2D.1411 Seasonal fuel switching (Effective 06/01/2008)
2D.1412 Petition for alternative limitations (Effective 06/01/2008)
2D.1413 Sources not otherwise listed in this section (Effective 07/18/
2002)
2D.1414 Tune-up requirements (Effective 07/18/2002)
2D.1415 Test methods and procedures (Effective 07/18/2002)
2D.1416 Emission allocations for utility companies (Effective 06/01/
2004)
2D.1417 Emission allocations for large combustion sources (Effective 06/
01/2004)
2D.1418 New electric generating units, large boilers, and large I/C 
engines (Effective 06/01/2004)
2D.1419 Nitrogen oxide budget trading program (Effective 06/01/2004)
2D.1420 Periodic review and reallocations (Effective 07/18/2002)
2D.1421 Allocations for new growth of major point sources (Effective 07/
18/2002)
2D.1422 Compliance supplement pool credits (Effective 06/01/2004)
2D.1423 Large internal combustion engines (Effective 07/18/2002)

                    SECTION .1600--GENERAL CONFORMITY

2D.1601 Purpose, scope and applicability (Effective 04/01/1999)
2D.1602 Definitions (Effective 04/01/1995)
2D.1603 General conformity determination (Effective 07/01/1998)

                       SECTION .1900--OPEN BURNING

2D.1901 Open burning: Purpose: Scope (Effective 07/01/2007)
2D.1902 Definitions (Effective 07/01/2007)
2D.1903 Open burning without an air quality permit (Effective 07/01/
2007)
2D.1904 Air curtain burners (Effective 07/01/2007)
2D.1905 Regional office locations (Effective 12/01/2005)
2D.1906 Delegation to county governments (Effective 12/01/2005)
2D.1907 Multiple violations arising from a single episode (Effective 07/
01/2007)

                SECTION .2000--TRANSPORTATION CONFORMITY

2D.2001 Purpose, scope and applicability (Effective 12/01/2005)
2D.2002 Definitions (Effective 04/01/1999)
2D.2003 Transportation conformity determination (Effective 04/01/1999)
2D.2004 Determining transportation-related emissions (Effective 04/01/
1999)
2D.2005 Memorandum of agreement (Effective 04/01/1999)

                 SECTION .2100--RISK MANAGEMENT PROGRAM

2D.2101 Applicability (Effective 07/01/2000)
2D.2102 Definitions (Effective 07/01/2000)
2D.2103 Requirements (Effective 07/01/2000)
2D.2104 Implementation (Effective 07/01/2000)

                      SECTION .2200--SPECIAL ORDERS

2D.2201 Purpose (Effective 04/01/2004)
2D.2202 Definitions (Effective 04/01/2004)
2D.2203 Public notice (Effective 04/01/2004)
2D.2204 Final action on consent orders (Effective 04/01/2004)
2D.2205 Notification of right to contest special orders issued without 
(Effective 04/01/2004)

            SECTION .2300--BANKING EMISSION REDUCTION CREDITS

2D.2301 Purpose (Effective 12/01/2005)
2D.2302 Definitions (Effective 12/01/2005)
2D.2303 Applicability and eligibility (Effective 07/01/2007)
2D.2304 Qualification of emission reduction credits (Effective 12/01/
2005)

[[Page 156]]

2D.2305 Creating and banking emission reduction credits (Effective 12/
01/2005)
2D.2306 Duration of emission reduction credits (Effective 12/01/2005)
2D.2307 Use of emission reduction credits (Effective 12/01/2005)
2D.2308 Certificates and registry (Effective 12/01/2005)
2D.2309 Transferring emission reduction credits (Effective 12/01/2005)
2D.2310 Revocation and changes of emission reduction credits (Effective 
12/01/2005)
2D.2311 Monitoring (Effective 12/01/2005)

                SECTION .2400--CLEAN AIR INTERSTATE RULES

2D.2401 Purpose and applicability (Effective 05/01/2008)
2D.2402 Definitions (Effective 05/01/2008)
2D.2403 Nitrogen oxide emissions (Effective 05/01/2008)
2D.2404 Sulfur dioxide (Effective 05/01/2008)
2D.2405 Nitrogen oxide emissions during ozone season (Effective 05/01/
2008)
2D.2406 Permitting (Effective 07/01/2006)
2D.2407 Monitoring, reporting, and recordkeeping (Effective 05/01/2008)
2D.2408 Trading program and banking (Effective 07/01/2006)
2D.2409 Designated representative (Effective 05/01/2008)
2D.2410 Computation of time (Effective 07/01/2006)
2D.2411 Opt-in provisions (Effective 07/01/2006)
2D.2412 New unit growth (Effective 05/01/2008)
2D.2413 Periodic review and reallocations (Effective 07/01/2006)

          SECTION .2500--MERCURY RULES FOR ELECTRIC GENERATORS

2D.2501 Purpose and applicability (Effective 01/01/2007)
2D.2502 Definitions (Effective 01/01/2007)
2D.2503 Mercury emission (Effective 01/01/2007)
2D.2504 Permitting (Effective 01/01/2007)
2D.2505 Monitoring, Reporting, and Recordkeeping (Effective 01/01/2007)
2D.2506 Designated representative (Effective 01/01/2007)
2D.2507 Computation of time time periods shall be determined as 
described in 40 CFR 60.4107 (Effective 01/01/2007)
2D.2508 New source growth (Effective 01/01/2007)
2D.2509 Periodic review and reallocations (Effective 01/01/2007)
2D.2510 Trading program and banking (Effective 01/01/2007)
2D.2511 Mercury emission limits (Effective 01/01/2007)

                      SECTION .2600--SOURCE TESTING

2D.2601 Purpose and scope (Effective 06/01/2008)
2D.2602 General provisions on test methods and procedures (Effective 07/
01/2008)
2D.2603 Testing protocol (Effective 07/01/2008)
2D.2604 Number of test points (Effective 06/01/2008)
2D.2605 Velocity and volume flow rate (Effective 06/01/2008)
2D.2606 Molecular weight (Effective 06/01/2008)
2D.2607 Determination of moisture content (Effective 06/01/2008)
2D.2608 Number of runs and compliance determination (Effective 06/01/
2008)
2D.2609 Particulate testing methods (Effective 06/01/2008)
2D.2610 Opacity (Effective 06/01/2008)
2D.2611 Sulfur dioxide testing methods (Effective 06/01/2008)
2D.2612 Nitrogen oxide testing methods (Effective 06/01/2008)
2D.2613 Volatile organic compound testing methods (Effective 06/01/2008)
2D.2614 Determination of voc emission control system efficiency 
(Effective 06/01/2008)
2D.2615 Determination of leak tightness and vapor leaks (Effective 06/
01/2008)
2D.2616 Fluorides (Effective 06/01/2008)
2D.2617 Total reduced sulfur (Effective 06/01/2008)
2D.2618 Mercury (Effective 06/01/2008)
2D.2619 Arsenic, beryllium, cadmium, hexavalent chromium (Effective 06/
01/2008)
2D.2620 Dioxins and furans (Effective 06/01/2008)
2D.2621 Determination of fuel heat content using f-factor (Effective 06/
01/2008)

             SUBCHAPTER 02Q--AIR QUALITY PERMITS PROCEDURES

                    SECTION .0100--GENERAL PROVISIONS

2Q.0101 Required air quality permits (Effective 12/01/2005)
2Q.0102 Activities exempted from permit requirements (Effective 07/01/
2007)
2Q.0103 Definitions (Effective 12/01/2005)
2Q.0104 Where to obtain and file permit applications (Effective 08/01/
2002)
2Q.0105 Copies of referenced documents (Effective 12/01/2005)
2Q.0106 Incorporation by reference (Effective 07/01/1994)
2Q.0107 Confidential information (Effective 04/01/1999)
2Q.0108 Delegation of authority (Effective 07/01/1998)
2Q.0109 Compliance schedule for previously exempted activities 
(Effective 04/01/2001)
2Q.0110 Retention of permit at permitted facility (Effective 07/01/1994)
2Q.0111 Applicability determinations (Effective 07/01/1994)
2Q.0112 Applications requiring professional engineer seal (Effective 02/
01/1995)
2Q.0113 Notification in areas without zoning (Effective 04/01/2004)

[[Page 157]]

                       SECTION .0200--PERMIT FEES

2Q.0201 Applicability (Effective 07/01/1998)
2Q.0202 Definitions (Effective 04/01/2004)
2Q.0203 Permit and application fees (Effective 03/01/2008)
2Q.0204 Inflation adjustment (Effective 03/01/2008)
2Q.0205 Other adjustments (Effective 07/01/1994)
2Q.0206 Payment of fees (Effective 07/01/1994)
2Q.0207 Annual emissions reporting (Effective 07/01/2007)

            SECTION .0300--CONSTRUCTION AND OPERATION PERMITS

2Q.0301 Applicability (Effective 12/01/2005)
2Q.0302 Facilities not likely to contravene demonstration (Effective 07/
01/1998)
2Q.0303 Definitions (Effective 07/01/1994)
2Q.0304 Applications (Effective 12/01/2005)
2Q.0305 Application submittal content (Effective 12/01/2005)
2Q.0306 Permits requiring public participation (Effective 07/01/2007)
2Q.0307 Public participation procedures (Effective 07/01/1998)
2Q.0308 Final action on permit applications (Effective 07/01/1994)
2Q.0309 Termination, modification and revocation of permits (Effective 
07/01/1999)
2Q.0310 Permitting of numerous similar facilities (Effective 07/01/1994)
2Q.0311 Permitting of facilities at multiple temporary sites (Effective 
07/01/1996)
2Q.0312 Application processing schedule (Effective 07/01/1998)
2Q.0313 Expedited application processing schedule (Effective 07/01/1998)
2Q.0314 General permit requirements (Effective 07/01/1999)
2Q.0315 Synthetic minor facilities (Effective 07/01/1999)
2Q.0316 Administrative permit amendments (Effective 04/01/2001)
2Q.0317 Avoidance conditions (Effective 04/01/2001)
2Q.0401 Purpose and applicability (Effective 04/01/2001)
2Q.0402 Acid rain permitting procedures (Effective 04/01/1999)

                    SECTION .0500--TITLE V PROCEDURES

2Q.0501 Purpose of section and requirement for a permit (Effective 07/
01/1998)
2Q.0502 Applicability (Effective 07/01/2000)
2Q.0503 Definitions (Effective 01/01/2007)
2Q.0504 Option for obtaining construction and operation permit 
(Effective 07/01/1994)
2Q.0505 Application submittal content (Effective 04/01/2004)
2Q.0507 Application (Effective 04/01/2004)
2Q.0508 Permit content (Effective 08/01/2008)
2Q.0509 Permitting of numerous similar facilities (Effective 07/01/1994)
2Q.0510 Permitting of facilities at multiple temporary sites (Effective 
07/01/1994)
2Q.0512 Permit shield and application shield (Effective 07/01/1997)
2Q.0513 Permit renewal and expiration (Effective 07/01/1994)
2Q.0514 Administrative permit amendments (Effective 01/01/2007)
2Q.0515 Minor permit modifications (Effective 07/01/1997)
2Q.0516 Significant permit modification (Effective 07/01/1994)
2Q.0517 Reopening for cause (Effective 07/01/1997)
2Q.0518 Final action (Effective 02/01/1995)
2Q.0519 Termination, modification, revocation of permits (Effective 07/
01/1994)
2Q.0520 Certification by responsible official (Effective 07/01/1994)
2Q.0521 Public participation (Effective 07/01/1998)
2Q.0522 Review by EPA and affected states (Effective 07/01/1994)
2Q.0523 Changes not requiring permit revisions (Effective 06/01/2008)
2Q.0524 Ownership change (Effective 07/01/1994)
2Q.0525 Application processing schedule (Effective 07/01/1998)
2Q.0526 112(j) case-by-case MACT procedures (Effective 02/01/2004)
2Q.0527 Expedited application processing schedule (Effective 07/01/1998)
2Q.0528 112(g) case-by-case MACTt procedures (Effective 07/01/1998)

            SECTION .0600--TRANSPORTATION FACILITY PROCEDURES

2Q.0601 Purpose of section and requirement for a permit (Effective 07/
01/1994)
2Q.0602 Definitions (Effective 07/01/1994)
2Q.0603 Applications (Effective 02/01/2005)
2Q.0604 Public participation (Effective 07/01/1994)
2Q.0605 Final action on permit applications (Effective 02/01/2005)
2Q.0606 Termination, modification and revocation of permits (Effective 
07/01/1994)
2Q.0607 Application processing schedule (Effective 07/01/1998)

              SECTION .0700--TOXIC AIR POLLUTANT PROCEDURES

2Q.0701 Applicability (Effective 02/01/2005)
2Q.0702 Exemptions (Effective 04/01/2005)
2Q.0703 Definitions (Effective 04/01/2001)
2Q.0704 New facilities (Effective 07/01/1998)
2Q.0705 Existing facilities and sic calls (Effective 07/01/1998)
2Q.0706 Modifications (Effective 12/01/2005)
2Q.0707 Previously permitted facilities (Effective 07/01/1998)
2Q.0708 Compliance schedule for previously unknown toxic air pollutant 
emissions (Effective 07/01/1998)
2Q.0709 Demonstrations (Effective 02/01/2005)
2Q.0710 Public notice and opportunity for public hearing (Effective 07/
01/1998)

[[Page 158]]

2Q.0711 Emission rates requiring a permit (Effective 06/01/2008)
2Q.0712 Calls by the director (Effective 07/01/1998)
2Q.0713 Pollutants with otherwise applicable federal standards or 
requirements (Effective 07/01/1998)

                    SECTION .0800--EXCLUSIONARY RULES

2Q.0801 Purpose and scope (Effective 04/01/1999)
2Q.0802 Gasoline service stations and dispensing facilities (Effective 
08/01/1995)
2Q.0803 Coating, solvent cleaning, graphic arts operations (Effective 
04/01/2001)
2Q.0804 Dry cleaning facilities (Effective 08/01/1995)
2Q.0805 Grain elevators (Effective 04/01/2001)
2Q.0806 Cotton gins (Effective 06/01/2004)
2Q.0807 Emergency generators (Effective 04/01/2001)
2Q.0808 Peak shaving generators (Effective 12/01/2005)
2Q.0809 Concrete batch plants (Effective 06/01/2004)
2Q.0810 Air curtain burners (Effective 12/01/2005)

                    SECTION .0900--PERMIT EXEMPTIONS

2Q.0901 Purpose and scope (Effective 01/01/2005)
2Q.0902 Portable crushers (Effective 01/01/2005)
2Q.0903 Emergency generators (Effective 06/01/2008)

    (b) Local requirements.
    (1) [Reserved]

                                Virginia:

    (a) State Requirements.
    (1) The following Commonwealth of Virginia requirements are 
applicable to OCS Sources, March 2, 2011, Commonwealth of Virginia--
Virginia Department of Environmental Quality. The following sections of 
Virginia Regulations for the Control and Abatement of Air Pollution 
Control (VAC), Title 9, Agency 5:

                     Chapter 10--General Definitions

(Effective 02/18/2010)

9VAC5-10-10. General.
9VAC5-10-20. Terms defined.
9VAC5-10-30. Abbreviations.

                     Chapter 20--General Provisions

(Effective 11/10/2010)

                         Part I--Administrative

9VAC5-20-10. Applicability.
9VAC5-20-21. Documents incorporated by reference.
9VAC5-20-50. Variances.
9VAC5-20-70. Circumvention.
9VAC5-20-80. Relationship of state regulations to federal regulations.
9VAC5-20-121. Air quality program policies and procedures.

                      Part II--Air Quality Programs

9VAC5-20-160. Registration.
9VAC5-20-170. Control programs.
9VAC5-20-180. Facility and control equipment maintenance or malfunction.
9VAC5-20-200. Air quality control regions.
9VAC5-20-201. Urban areas.
9VAC5-20-202. Metropolitan statistical areas.
9VAC5-20-203. Maintenance areas.
9VAC5-20-204. Nonattainment areas.
9VAC5-20-205. Prevention of significant deterioration areas.
9VAC5-20-206. Volatile organic compound and nitrogen oxides emission 
control areas.
9VAC5-20-220. Shutdown of a stationary source.
9VAC5-20-230. Certification of documents.

                Chapter 30--Ambient Air Quality Standards

(Effective 08/18/2010)

9VAC5-30-10. General.
9VAC5-30-15. Reference conditions.
9VAC5-30-30. Sulfur oxides (sulfur dioxide).
9VAC5-30-40. Carbon monoxide.
9VAC5-30-50. Ozone (1-hour).
9VAC5-30-55. Ozone (8-hour, 0.08 ppm).
9VAC5-30-56. Ozone (8-hour, 0.075 ppm).
9VAC5-30-60. Particulate matter (PM10).
9VAC5-30-65. Particulate matter.
9VAC5-30-70. Oxides of nitrogen with nitrogen dioxide as the indicator.
9VAC5-30-80. Lead.

                 Chapter 40--Existing Stationary Sources

                       Part I--Special Provisions

(Effective 12/12/2007)

9VAC5-40-10. Applicability.
9VAC5-40-20. Compliance.
9VAC5-40-21. Compliance schedules.
9VAC5-40-22. Interpretation of emission standards based on process 
weight-rate tables.
9VAC5-40-30. Emission testing.
9VAC5-40-40. Monitoring.
9VAC5-40-41. Emission monitoring procedures for existing sources.
9VAC5-40-50. Notification, records and reporting.

                       Part II--Emission Standards

        Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)

9VAC5-40-60. Applicability and designation of affected facility.
9VAC5-40-70. Definitions.
9VAC5-40-80. Standard for visible emissions.
9VAC5-40-90. Standard for fugitive dust/emissions.

[[Page 159]]

9VAC5-40-100. Monitoring.
9VAC5-40-110. Test methods and procedures.
9VAC5-40-120. Waivers.

                  Article 4--General Process Operations

(Effective 12/15/2006)

9VAC5-40-240. Applicability and designation of affected facility.
9VAC5-40-250. Definitions.
9VAC5-40-260. Standard for particulate matter (AQCR 1-6).
9VAC5-40-270. Standard for particulate matter (AQCR 7).
9VAC5-40-280. Standard for sulfur dioxide.
9VAC5-40-290. Standard for hydrogen sulfide.
9VAC5-40-320. Standard for visible emissions.
9VAC5-40-330. Standard for fugitive dust/emissions.
9VAC5-40-350. Standard for toxic pollutants.
9VAC5-40-360. Compliance.
9VAC5-40-370. Test methods and procedures.
9VAC5-40-380. Monitoring.
9VAC5-40-390. Notification, records and reporting.
9VAC5-40-400. Registration.
9VAC5-40-410. Facility and control equipment maintenance or malfunction.
9VAC5-40-420. Permits.

                         Article 7--Incinerators

(Effective 01/01/1985)

9VAC5-40-730. Applicability and designation of affected facility.
9VAC5-40-740. Definitions.
9VAC5-40-750. Standard for particulate matter.
9VAC5-40-760. Standard for visible emissions.
9VAC5-40-770. Standard for fugitive dust/emissions.
9VAC5-40-790. Standard for toxic pollutants.
9VAC5-40-800. Prohibition of flue-fed incinerators.
9VAC5-40-810. Compliance.
9VAC5-40-820. Test methods and procedures.
9VAC5-40-830. Monitoring.
9VAC5-40-840. Notification, records and reporting.
9VAC5-40-850. Registration.
9VAC5-40-860. Facility and control equipment maintenance or malfunction.
9VAC5-40-870. Permits.

                    Article 8--Fuel Burning Equipment

(Effective 01/01/2002)

9VAC5-40-880. Applicability and designation of affected facility.
9VAC5-40-890. Definitions.
9VAC5-40-900. Standard for particulate matter.
9VAC5-40-910. Emission allocation system.
9VAC5-40-920. Determination of collection equipment efficiency factor.
9VAC5-40-930. Standard for sulfur dioxide.
9VAC5-40-940. Standard for visible emissions.
9VAC5-40-950. Standard for fugitive dust/emissions.
9VAC5-40-970. Standard for toxic pollutants.
9VAC5-40-980. Compliance.
9VAC5-40-990. Test methods and procedures.
9VAC5-40-1000. Monitoring.
9VAC5-40-1010. Notification, records and reporting.
9VAC5-40-1020. Registration.
9VAC5-40-1030. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-1040. Permits.

    Article 14--Sand-Gravel Processing; Stone Quarrying & Processing

(Effective 01/01/1985)

9VAC5-40-1820. Applicability and designation of affected facility.
9VAC5-40-1830. Definitions.
9VAC5-40-1840. Standard for particulate matter.
9VAC5-40-1850. Standard for visible emissions.
9VAC5-40-1860. Standard for fugitive dust/emissions.
9VAC5-40-1880. Standard for toxic pollutants.
9VAC5-40-1890. Compliance.
9VAC5-40-1900. Test methods and procedures.
9VAC5-40-1910. Monitoring.
9VAC5-40-1920. Notification, records and reporting.
9VAC5-40-1930. Registration.
9VAC5-40-1940. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-1950. Permits.

                   Article 17--Woodworking Operations

(Effective 01/01/1985)

9VAC5-40-2250. Applicability and designation of affected facility.
9VAC5-40-2260. Definitions.
9VAC5-40-2270. Standard for particulate matter.
9VAC5-40-2280. Standard for visible emissions.
9VAC5-40-2290. Standard for fugitive dust/emissions.
9VAC5-40-2310. Standard for toxic pollutants.
9VAC5-40-2320. Compliance.
9VAC5-40-2330. Test methods and procedures.
9VAC5-40-2340. Monitoring.
9VAC5-40-2350. Notification, records and reporting.
9VAC5-40-2360. Registration.
9VAC5-40-2370. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-2380. Permits.

           Article 18--Primary and Secondary Metal Operations

(Effective 01/01/1985)

9VAC5-40-2390. Applicability and designation of affected facility.
9VAC5-40-2400. Definitions.
9VAC5-40-2410. Standard for particulate matter.
9VAC5-40-2420. Standard for sulfur oxides.

[[Page 160]]

9VAC5-40-2430. Standard for visible emissions.
9VAC5-40-2440. Standard for fugitive dust/emissions.
9VAC5-40-2460. Standard for toxic pollutants.
9VAC5-40-2470. Compliance.
9VAC5-40-2480. Test methods and procedures.
9VAC5-40-2490. Monitoring.
9VAC5-40-2500. Notification, records and reporting.
9VAC5-40-2510. Registration.
9VAC5-40-2520. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-2530. Permits.

          Article 19--Lightweight Aggregate Process Operations

(Effective 01/01/1985)

9VAC5-40-2540. Applicability and designation of affected facility.
9VAC5-40-2550. Definitions.
9VAC5-40-2560. Standard for particulate matter.
9VAC5-40-2570. Standard for sulfur oxides.
9VAC5-40-2580. Standard for visible emissions.
9VAC5-40-2590. Standard for fugitive dust/emissions.
9VAC5-40-2610. Standard for toxic pollutants.
9VAC5-40-2620. Compliance.
9VAC5-40-2630. Test methods and procedures.
9VAC5-40-2640. Monitoring.
9VAC5-40-2650. Notification, records and reporting.
9VAC5-40-2660. Registration.
9VAC5-40-2670. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-2680. Permits.

              Article 24--Solvent Metal Cleaning Operations

(Effective 03/24/2004)

9VAC5-40-3260. Applicability and designation of affected facility.
9VAC5-40-3270. Definitions.
9VAC5-40-3280. Standard for volatile organic compounds.
9VAC5-40-3290. Control technology guidelines.
9VAC5-40-3300. Standard for visible emissions.
9VAC5-40-3310. Standard for fugitive dust/emissions.
9VAC5-40-3330. Standard for toxic pollutants.
9VAC5-40-3340. Compliance.
9VAC5-40-3350. Test methods and procedures.
9VAC5-40-3360. Monitoring.
9VAC5-40-3370. Notification, records and reporting.
9VAC5-40-3380. Registration.
9VAC5-40-3390. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-3400. Permits.

              Article 25--VOC Storage & Transfer Operations

(Effective 07/01/1991)

9VAC5-40-3410. Applicability and designation of affected facility.
9VAC5-40-3420. Definitions.
9VAC5-40-3430. Standard for volatile organic compounds.
9VAC5-40-3440. Control technology guidelines.
9VAC5-40-3450. Standard for visible emissions.
9VAC5-40-3460. Standard for fugitive dust/emissions.
9VAC5-40-3480. Standard for toxic pollutants.
9VAC5-40-3490. Compliance.
9VAC5-40-3500. Test methods and procedures.
9VAC5-40-3510. Monitoring.
9VAC5-40-3520. Notification, records and reporting.
9VAC5-40-3530. Registration.
9VAC5-40-3540. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-3550. Permits.

   Article 34--Miscellaneous Metal Parts/Products Coating Application

(Effective 07/01/1991)

9VAC5-40-4760. Applicability and designation of affected facility.
9VAC5-40-4770. Definitions.
9VAC5-40-4780. Standard for volatile organic compounds.
9VAC5-40-4790. Control technology guidelines.
9VAC5-40-4800. Standard for visible emissions.
9VAC5-40-4810. Standard for fugitive dust/emissions.
9VAC5-40-4830. Standard for toxic pollutants.
9VAC5-40-4840. Compliance.
9VAC5-40-4850. Test methods and procedures.
9VAC5-40-4860. Monitoring.
9VAC5-40-4870. Notification, records and reporting.
9VAC5-40-4880. Registration.
9VAC5-40-4890. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-4900. Permits.

      Article 37--Petroleum Liquid Storage and Transfer Operations

(Effective 10/04/2006)

9VAC5-40-5200. Applicability and designation of affected facility.
9VAC5-40-5210. Definitions.
9VAC5-40-5220. Standard for volatile organic compounds.
9VAC5-40-5230. Control technology guidelines.
9VAC5-40-5240. Standard for visible emissions.
9VAC5-40-5250. Standard for fugitive dust/emissions.
9VAC5-40-5270. Standard for toxic pollutants.

[[Page 161]]

9VAC5-40-5280. Compliance.
9VAC5-40-5290. Test methods and procedures.
9VAC5-40-5300. Monitoring.
9VAC5-40-5310. Notification, records and reporting.
9VAC5-40-5320. Registration.
9VAC5-40-5330. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-5340. Permits.

                       Article 41--Mobile Sources

(Effective 08/01/1991)

9VAC5-40-5650. Applicability and designation of affected facility.
9VAC5-40-5660. Definitions.
9VAC5-40-5670. Motor vehicles.
9VAC5-40-5680. Other mobile sources.
9VAC5-40-5690. Export/import of motor vehicles.

          Article 42--Portable Fuel Container Spillage Control

(Effective 10/04/2006)

9VAC5-40-5700. Applicability.
9VAC5-40-5710. Definitions.
9VAC5-40-5720. Standard for volatile organic compounds.
9VAC5-40-5730. Administrative requirements.
9VAC5-40-5740. Compliance.
9VAC5-40-5750. Compliance schedule.
9VAC5-40-5760. Test methods and procedures.
9VAC5-40-5770. Notification, records and reporting.

       Article 44--Hospital/medical/infectious Waste Incinerators

(Effective 07/01/2003)

9VAC5-40-6000. Applicability and designation of affected facility.
9VAC5-40-6010. Definitions.
9VAC5-40-6020. Standard for particulate matter.
9VAC5-40-6030. Standard for carbon monoxide.
9VAC5-40-6040. Standard for dioxins/furans.
9VAC5-40-6050. Standard for hydrogen chloride.
9VAC5-40-6060. Standard for sulfur dioxide.
9VAC5-40-6070. Standard for nitrogen oxides.
9VAC5-40-6080. Standard for lead.
9VAC5-40-6090. Standard for cadmium.
9VAC5-40-6100. Standard for mercury.
9VAC5-40-6110. Standard for visible emissions.
9VAC5-40-6120. Standard for fugitive dust/emissions.
9VAC5-40-6140. Standard for toxic pollutants.
9VAC5-40-6150. HMIWI operator training and qualification.
9VAC5-40-6160. Waste management plans.
9VAC5-40-6170. Inspections.
9VAC5-40-6180. Compliance, emissions testing, and monitoring.
9VAC5-40-6190. Recordkeeping and reporting.
9VAC5-40-6200. Compliance schedules.
9VAC5-40-6210. Registration.
9VAC5-40-6220. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-6230. Permits.

       Article 45--Commercial/Industrial Solid Waste Incinerators

(Effective 09/10/2003)

9VAC5-40-6250. Applicability and designation of affected facility.
9VAC5-40-6260. Definitions.
9VAC5-40-6270. Standard for particulate matter.
9VAC5-40-6280. Standard for carbon monoxide.
9VAC5-40-6290. Standard for dioxins/furans.
9VAC5-40-6300. Standard for hydrogen chloride.
9VAC5-40-6310. Standard for sulfur dioxide.
9VAC5-40-6320. Standard for nitrogen oxides.
9VAC5-40-6330. Standard for lead.
9VAC5-40-6340. Standard for cadmium.
9VAC5-40-6350. Standard for mercury.
9VAC5-40-6360. Standard for visible emissions.
9VAC5-40-6370. Standard for fugitive dust/emissions.
9VAC5-40-6390. Standard for toxic pollutants.
9VAC5-40-6400. Operator training and qualification.
9VAC5-40-6410. Waste management plan.
9VAC5-40-6420. Compliance schedule.
9VAC5-40-6421. Compliance schedule extension.
9VAC5-40-6422. Shutdown and restart.
9VAC5-40-6430. Operating limits.
9VAC5-40-6440. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-6450. Test methods and procedures.
9VAC5-40-6460. Compliance.
9VAC5-40-6470. Monitoring.
9VAC5-40-6480. Recordkeeping and reporting.
9VAC5-40-6490. Requirements for air curtain incinerators.
9VAC5-40-6500. Registration.
9VAC5-40-6510. Permits.

              Article 46--Small Municipal Waste Combustors

(Effective 05/04/2005)

9VAC5-40-6550. Applicability and designation of affected facility.
9VAC5-40-6560. Definitions.
9VAC5-40-6570. Standard for particulate matter.
9VAC5-40-6580. Standard for carbon monoxide.
9VAC5-40-6590. Standard for dioxins/furans.
9VAC5-40-6600. Standard for hydrogen chloride.
9VAC5-40-6610. Standard for sulfur dioxide.
9VAC5-40-6620. Standard for nitrogen oxides.
9VAC5-40-6630. Standard for lead.
9VAC5-40-6640. Standard for cadmium.
9VAC5-40-6650. Standard for mercury.

[[Page 162]]

9VAC5-40-6660. Standard for visible emissions.
9VAC5-40-6670. Standard for fugitive dust/emissions.
9VAC5-40-6690. Standard for toxic pollutants.
9VAC5-40-6700. Operator training and certification.
9VAC5-40-6710. Compliance schedule.
9VAC5-40-6720. Operating requirements.
9VAC5-40-6730. Compliance.
9VAC5-40-6740. Test methods and procedures.
9VAC5-40-6750. Monitoring.
9VAC5-40-6760. Recordkeeping.
9VAC5-40-6770. Reporting.
9VAC5-40-6780. Requirements for air curtain incinerators that burn 100 
percent yard waste.
9VAC5-40-6790. Registration.
9VAC5-40-6800. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-6810. Permits.

                      Article 47--Solvent Cleaning

(Effective 03/24/2004)

9VAC5-40-6820. Applicability and designation of affected facility.
9VAC5-40-6830. Definitions.
9VAC5-40-6840. Standard for volatile organic compounds.
9VAC5-40-6850. Standard for visible emissions.
9VAC5-40-6860. Standard for fugitive dust/emissions.
9VAC5-40-6880. Standard for toxic pollutants.
9VAC5-40-6890. Compliance.
9VAC5-40-6900. Compliance schedules.
9VAC5-40-6910. Test methods and procedures.
9VAC5-40-6920. Monitoring.
9VAC5-40-6930. Notification, records and reporting.
9VAC5-40-6940. Registration.
9VAC5-40-6950. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-6960. Permits.

           Article 48--Mobile Equipment Repair and Refinishing

(Effective 10/04/2006)

9VAC5-40-6970. Applicability and designation of affected facility.
9VAC5-40-6980. Definitions.
9VAC5-40-6990. Standard for volatile organic compounds.
9VAC5-40-7000. Standard for visible emissions.
9VAC5-40-7010. Standard for fugitive dust/emissions.
9VAC5-40-7030. Standard for toxic pollutants.
9VAC5-40-7040. Compliance.
9VAC5-40-7050. Compliance schedule.
9VAC5-40-7060. Test methods and procedures.
9VAC5-40-7070. Monitoring.
9VAC5-40-7080. Notification, records and reporting.
9VAC5-40-7090. Registration.
9VAC5-40-7100. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-7110. Permits.

      Article 51--Stationary Sources Subject to Case-by-Case RACT 
                             Determinations

(Effective 01/20/2010)

9VAC5-40-7370. Applicability and designation of affected facility.
9VAC5-40-7380. Definitions.
9VAC5-40-7390. Standard for volatile organic compounds (1-hour ozone 
standard).
9VAC5-40-7400. Standard for volatile organic compounds (8-hour ozone 
standard).
9VAC5-40-7410. Standard for nitrogen oxides (1-hour ozone standard).
9VAC5-40-7420. Standard for nitrogen oxides (8-hour ozone standard).
9VAC5-40-7430. Presumptive reasonably available control technology 
guidelines for stationary sources of nitrogen oxides.
9VAC5-40-7440. Standard for visible emissions.
9VAC5-40-7450. Standard for fugitive dust/emissions.
9VAC5-40-7470. Standard for toxic pollutants.
9VAC5-40-7480. Compliance.
9VAC5-40-7490. Test methods and procedures.
9VAC5-40-7500. Monitoring.
9VAC5-40-7510. Notification, records and reporting.
9VAC5-40-7520. Registration.
9VAC5-40-7530. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-7540. Permits.

              Article 54--Large Municipal Waste Combustors

(Effective 07/01/2003)

9VAC5-40-7950. Applicability and designation of affected facility.
9VAC5-40-7960. Definitions.
9VAC5-40-7970. Standard for particulate matter.
9VAC5-40-7980. Standard for carbon monoxide.
9VAC5-40-7990. Standard for cadmium.
9VAC5-40-8000. Standard for lead.
9VAC5-40-8010. Standard for mercury.
9VAC5-40-8020. Standard for sulfur dioxide.
9VAC5-40-8030. Standard for hydrogen chloride.
9VAC5-40-8040. Standard for dioxin/furan.
9VAC5-40-8050. Standard for nitrogen oxides.
9VAC5-40-8060. Standard for visible emissions.
9VAC5-40-8070. Standard for fugitive dust/emissions.
9VAC5-40-8090. Standard for toxic pollutants.
9VAC5-40-8100. Compliance.
9VAC5-40-8110. Compliance schedules.
9VAC5-40-8120. Operating practices.
9VAC5-40-8130. Operator training and certification.
9VAC5-40-8150. Monitoring.
9VAC5-40-8170. Registration.

[[Page 163]]

9VAC5-40-8180. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-8190. Permits.

             Chapter 50--New and Modified Stationary Sources

                       Part I--Special provisions

(Effective 12/12/2007)

9VAC5-50-10. Applicability.
9VAC5-50-20. Compliance.
9VAC5-50-30. Performance testing.
9VAC5-50-40. Monitoring.
9VAC5-50-50. Notification, records and reporting.

                       Part II--Emission Standards

        Article 1--Visible emissions and fugitive dust/emissions

(Effective 02/01/2003)

9VAC5-50-60. Applicability and designation of affected facility.
9VAC5-50-70. Definitions.
9VAC5-50-80. Standard for visible emissions.
9VAC5-50-90. Standard for fugitive dust/emissions.
9VAC5-50-100. Monitoring.
9VAC5-50-110. Test methods and procedures.
9VAC5-50-120. Waivers.

                      Article 4--Stationary sources

(Effective 09/01/2006)

9VAC5-50-240. Applicability and designation of affected facility.
9VAC5-50-250. Definitions.
9VAC5-50-260. Standard for stationary sources.
9VAC5-50-270. Standard for major stationary sources (nonattainment 
areas).
9VAC5-50-280. Standard for major stationary sources (prevention of 
significant deterioration areas).
9VAC5-50-290. Standard for visible emissions.
9VAC5-50-300. Standard for fugitive dust/emissions.
9VAC5-50-320. Standard for toxic pollutants.
9VAC5-50-330. Compliance.
9VAC5-50-340. Test methods and procedures.
9VAC5-50-350. Monitoring.
9VAC5-50-360. Notification, records and reporting.
9VAC5-50-370. Registration.
9VAC5-50-380. Facility and control equipment maintenance or malfunction.
9VAC5-50-390. Permits.

             Article 5--EPA New Source Performance Standards

(Effective 03/02/2011)

9VAC5-50-400. General.
9VAC5-50-405. Authority to implement and enforce standards as authorized 
by EPA.
9VAC5-50-410. Designated standards of performance.
9VAC5-50-420. Word or phrase substitutions.

                  Article 6--Medical waste incinerators

(Effective 06/01/1995)

9VAC5-50-430. Applicability and designation of affected facility.
9VAC5-50-440. Definitions.
9VAC5-50-450. Standard for particulate matter.
9VAC5-50-460. Standard for carbon monoxide.
9VAC5-50-470. Standard for hydrogen chloride.
9VAC5-50-480. Standard for dioxins and furans.
9VAC5-50-490. Standard for visible emissions.
9VAC5-50-500. Standard for fugitive dust/emissions.
9VAC5-50-520. Standard for toxic pollutants.
9VAC5-50-530. Standard for radioactive materials.
9VAC5-50-540. Compliance.
9VAC5-50-550. Test methods and procedures.
9VAC5-50-560. Monitoring.
9VAC5-50-570. Notification, records and reporting.
9VAC5-50-580. Registration.
9VAC5-50-590. Facility and control equipment maintenance or malfunction.
9VAC5-50-600. Permits.

               Chapter 60--Hazardous Air Pollutant Sources

                       Part I--Special provisions

(Effective 08/01/2002)

9VAC5-60-10. Applicability.
9VAC5-60-20. Compliance.
9VAC5-60-30. Emission testing.
9VAC5-60-40. Monitoring.
9VAC5-60-50. Notification, records and reporting.

                       Part II--Emission Standards

Article 1--EPA National Emissions Standards for Hazardous Air Pollutants

(Effective 03/02/2011)

9VAC5-60-60. General.
9VAC5-60-65. Authority to implement and enforce standards as authorized 
by EPA.
9VAC5-60-70. Designated emission standards.
9VAC5-60-80. Word or phrase substitutions.

     Article 2--EPA Maximum Achievable Control Technology Standards

(Effective 03/02/2011)

9VAC5-60-90. General.
9VAC5-60-92. Federal Hazardous Air Pollutant Program.
9VAC5-60-95. Authority to implement and enforce standards as authorized 
by EPA.
9VAC5-60-100. Designated emission standards.
9VAC5-60-110. Word or phrase substitutions.

[[Page 164]]

   Article 3--Control Technology Determinations for Major Sources of 
                        Hazardous Air Pollutants

(Effective 07/01/2004)

9VAC5-60-120. Applicability.
9VAC5-60-130. Definitions.
9VAC5-60-140. Approval process for new and existing affected sources.
9VAC5-60-150. Application content for case-by-case MACT determinations.
9VAC5-60-160. Preconstruction review procedures for new affected sources 
subject to 9VAC5-60-140C1.
9VAC5-60-170. Maximum achievable control technology (MACT) 
determinations for affected sources subject to case-by-case 
determination of equivalent emission limitations.
9VAC5-60-180. Requirements for case-by-case determination of equivalent 
emission limitations after promulgation of a subsequent MACT standard.

            Article 4--Toxic Pollutants from Existing Sources

(Effective 05/01/2002)

9VAC5-60-200. Applicability and designation of affected facility.
9VAC5-60-210. Definitions.
9VAC5-60-220. Standard for toxic pollutants.
9VAC5-60-230. Significant ambient air concentration guidelines.
9VAC5-60-240. Submittal of information.
9VAC5-60-250. Determination of ambient air concentrations.
9VAC5-60-260. Compliance.
9VAC5-60-270. Public participation.

        Article 5--Toxic Pollutants from New and Modified Sources

(Effective 05/01/2002)

9VAC5-60-300. Applicability and designation of affected facility.
9VAC5-60-310. Definitions.
9VAC5-60-320. Standard for toxic pollutants.
9VAC5-60-330. Significant ambient air concentration guidelines.
9VAC5-60-340. Submittal of information.
9VAC5-60-350. Determination of ambient air concentrations.
9VAC5-60-360. Compliance.
9VAC5-60-370. Public participation.

              Chapter 70--Air Pollution Episode Prevention

(Effective 04/01/1999)

9VAC5-70-10. Applicability.
9VAC5-70-20. Definitions.
9VAC5-70-30. General.
9VAC5-70-40. Episode determination.
9VAC5-70-50. Standby emission reduction plans.
9VAC5-70-60. Control requirements.
9VAC5-70-70. Local air pollution control agency participation.

               Chapter 80--Permits for Stationary Sources

       Part I--Permit Actions and Public Hearings Before the Board

(Effective 11/12/2009)

9VAC5-80-5. Definitions.
9VAC5-80-15. Applicability.
9VAC5-80-25. Direct consideration of permit actions by the board.
9VAC5-80-35. Public hearings to contest permit actions.

                       Part II--Permit Procedures

  Article 1--Federal (Title V) Operating Permits for Stationary Sources

(Effective 03/02/2011)

9VAC5-80-50. Applicability.
9VAC5-80-60. Definitions.
9VAC5-80-70. General.
9VAC5-80-80. Applications.
9VAC5-80-90. Application information required.
9VAC5-80-100. Emission caps.
9VAC5-80-110. Permit content.
9VAC5-80-120. General permits.
9VAC5-80-130. Temporary sources.
9VAC5-80-140. Permit shield.
9VAC5-80-150. Action on permit application.
9VAC5-80-160. Transfer of permits.
9VAC5-80-170. Permit renewal and expiration.
9VAC5-80-180. Permanent shutdown for emissions trading.
9VAC5-80-190. Changes to permits.
9VAC5-80-200. Administrative permit amendments.
9VAC5-80-210. Minor permit modifications.
9VAC5-80-220. Group processing of minor permit modifications.
9VAC5-80-230. Significant modification procedures.
9VAC5-80-240. Reopening for cause.
9VAC5-80-250. Malfunction.
9VAC5-80-260. Enforcement.
9VAC5-80-270. Public participation.
9VAC5-80-280. Operational flexibility.
9VAC5-80-290. Permit review by EPA and affected states.
9VAC5-80-300. Voluntary inclusions of additional state-only requirements 
as applicable state requirements in the permit.

     Article 2--Permit Program (Title V) Fees for Stationary Sources

(Effective 07/18/2001)

9VAC5-80-310. Applicability.
9VAC5-80-320. Definitions.
9VAC5-80-330. General.
9VAC5-80-340. Annual permit program fee calculation.
9VAC5-80-350. Annual permit program fee payment.

                   Article 4--Insignificant Activities

(Effective 01/01/2001)


[[Page 165]]


9VAC5-80-710. General.
9VAC5-80-720. Insignificant activities.

                   Article 5--State Operating Permits

(Effective 12/31/2008)

9VAC5-80-800. Applicability.
9VAC5-80-810. Definitions.
9VAC5-80-820. General.
9VAC5-80-830. Applications.
9VAC5-80-840. Application information required.
9VAC5-80-850. Standards and conditions for granting permits.
9VAC5-80-860. Action on permit application.
9VAC5-80-870. Application review and analysis.
9VAC5-80-880. Compliance determination and verification by testing.
9VAC5-80-890. Monitoring requirements.
9VAC5-80-900. Reporting requirements.
9VAC5-80-910. Existence of permit no defense.
9VAC5-80-920. Circumvention.
9VAC5-80-930. Compliance with local zoning requirements.
9VAC5-80-940. Transfer of permits.
9VAC5-80-950. Termination of permits.
9VAC5-80-960. Changes to permits.
9VAC5-80-970. Administrative permit amendments.
9VAC5-80-980. Minor permit amendments.
9VAC5-80-990. Significant amendment procedures.
9VAC5-80-1000. Reopening for cause.
9VAC5-80-1010. Enforcement.
9VAC5-80-1020. Public participation.
9VAC5-80-1030. General permits.
9VAC5-80-1040. Review and evaluation of article.

       Article 6--Permits for New and Modified Stationary Sources

(Effective 06/24/2009)

9VAC5-80-1100. Applicability.
9VAC5-80-1110. Definitions.
9VAC5-80-1120. General.
9VAC5-80-1140. Applications.
9VAC5-80-1150. Application information required.
9VAC5-80-1160. Action on permit application.
9VAC5-80-1170. Public participation.
9VAC5-80-1180. Standards and conditions for granting permits.
9VAC5-80-1190. Application review and analysis.
9VAC5-80-1200. Compliance determination and verification by performance 
testing.
9VAC5-80-1210. Permit invalidation, suspension, revocation and 
enforcement.
9VAC5-80-1220. Existence of permit no defense.
9VAC5-80-1230. Compliance with local zoning requirements.
9VAC5-80-1240. Transfer of permits.
9VAC5-80-1250. General permits.
9VAC5-80-1260. Changes to permits.
9VAC5-80-1270. Administrative permit amendments.
9VAC5-80-1280. Minor permit amendments.
9VAC5-80-1290. Significant amendment procedures.
9VAC5-80-1300. Reopening for cause.
9VAC5-80-1320. Permit exemption levels.

   Article 7--Permits for New and Reconstructed Major Sources of HAPs

(Effective 12/31/2008)

9VAC5-80-1400. Applicability.
9VAC5-80-1410. Definitions.
9VAC5-80-1420. General.
9VAC5-80-1430. Applications.
9VAC5-80-1440. Application information required.
9VAC5-80-1450. Action on permit application.
9VAC5-80-1460. Public participation.
9VAC5-80-1470. Standards and conditions for granting permits.
9VAC5-80-1480. Application review and analysis.
9VAC5-80-1490. Compliance determination and verification by performance 
testing.
9VAC5-80-1500. Permit invalidation, rescission, revocation and 
enforcement.
9VAC5-80-1510. Existence of permit no defense.
9VAC5-80-1520. Compliance with local zoning requirements.
9VAC5-80-1530. Transfer of permits.
9VAC5-80-1540. Changes to permits.
9VAC5-80-1550. Administrative permit amendments.
9VAC5-80-1560. Minor permit amendments.
9VAC5-80-1570. Significant amendment procedures.
9VAC5-80-1580. Reopening for cause.
9VAC5-80-1590. Requirements for constructed or reconstructed major 
sources subject to a subsequently promulgated MACT standard or MACT 
requirements.

 Article 8--Permits for Major Stationary Sources and Modifications--PSD 
                                  Areas

(Effective 03/02/2011)

9VAC5-80-1605. Applicability.
9VAC5-80-1615. Definitions.
9VAC5-80-1625. General.
9VAC5-80-1635. Ambient air increments.
9VAC5-80-1645. Ambient air ceilings.
9VAC5-80-1655. Applications.
9VAC5-80-1665. Compliance with local zoning requirements.
9VAC5-80-1675. Compliance determination and verification by performance 
testing.
9VAC5-80-1685. Stack heights.
9VAC5-80-1695. Exemptions.
9VAC5-80-1705. Control technology review.
9VAC5-80-1715. Source impact analysis.
9VAC5-80-1725. Air quality models.
9VAC5-80-1735. Air quality analysis.
9VAC5-80-1745. Source information.
9VAC5-80-1755. Additional impact analyses.

[[Page 166]]

9VAC5-80-1765. Sources affecting federal class I areas--additional 
requirements.
9VAC5-80-1773. Action on permit application.
9VAC5-80-1775. Public participation.
9VAC5-80-1785. Source obligation.
9VAC5-80-1795. Environmental impact statements.
9VAC5-80-1805. Disputed permits.
9VAC5-80-1815. Interstate pollution abatement.
9VAC5-80-1825. Innovative control technology.
9VAC5-80-1865. Actuals plantwide applicability limits (PALs).
9VAC5-80-1915. Actions to combine permit terms and conditions.
9VAC5-80-1925. Actions to change permits.
9VAC5-80-1935. Administrative permit amendments.
9VAC5-80-1945. Minor permit amendments.
9VAC5-80-1955. Significant amendment procedures.
9VAC5-80-1965. Reopening for cause.
9VAC5-80-1975. Transfer of permits.
9VAC5-80-1985. Permit invalidation, suspension, revocation, and 
enforcement.
9VAC5-80-1995. Existence of permit no defense.

   Article 9--Permits for Major Stationary Sources and Modifications--
                           Nonattainment Areas

(Effective 03/02/2011)

9VAC5-80-2000. Applicability.
9VAC5-80-2010. Definitions.
9VAC5-80-2020. General.
9VAC5-80-2030. Applications.
9VAC5-80-2040. Application information required.
9VAC5-80-2050. Standards and conditions for granting permits.
9VAC5-80-2060. Action on permit application.
9VAC5-80-2070. Public participation.
9VAC5-80-2080. Compliance determination and verification by performance 
testing.
9VAC5-80-2090. Application review and analysis.
9VAC5-80-2091. Source obligation.
9VAC5-80-2110. Interstate pollution abatement.
9VAC5-80-2120. Offsets.
9VAC5-80-2130. De minimis increases and stationary source modification 
alternatives for ozone nonattainment areas classified as serious or 
severe in 9VAC5-20-204.
9VAC5-80-2140. Exemptions.
9VAC5-80-2144. Actuals plantwide applicability limits (PALs).
9VAC5-80-2150. Compliance with local zoning requirements.
9VAC5-80-2170. Transfer of permits.
9VAC5-80-2180. Permit invalidation, suspension, revocation and 
enforcement.
9VAC5-80-2190. Existence of permit no defense.
9VAC5-80-2195. Actions to combine permit terms and conditions.
9VAC5-80-2200. Actions to change permits.
9VAC5-80-2210. Administrative permit amendments.
9VAC5-80-2220. Minor permit amendments.
9VAC5-80-2230. Significant amendment procedures.
9VAC5-80-2240. Reopening for cause.

       Article 10--Permit Application Fees for Stationary Sources

(Effective 12/01/2004)

9VAC5-80-2250. Applicability.
9VAC5-80-2260. Definitions.
9VAC5-80-2270. General.
9VAC5-80-2280. Permit application fee calculation.
9VAC5-80-2290. Permit application fee payment.
9VAC5-80-2300. Credit for payment of permit application fees.

  Chapter 85--Permits for Stationary Sources of Pollutants Subject to 
                  Regulation (Greenhouse Gas Tailoring)

(Effective 01/02/2011)

                          Part I--Applicability

9VAC5-85-10. Applicability.

           Part II--Federal (Title V) operating permit actions

9VAC5-85-20. Federal (Title V) operating permit actions.
9VAC5-85-30. Definitions.

  Part III--Prevention of Significant Deterioration Area permit actions

9VAC5-85-40. Prevention of significant deterioration area permit 
actions.
9VAC5-85-50. Definitions.

                 Part IV--State operating permit actions

9VAC5-85-60. State operating permit actions.
9VAC5-85-70. Definitions.

                        Chapter 130--Open Burning

(Effective 03/18/2009)

                       Part I--General Provisions

9VAC5-130-10. Applicability.
9VAC5-130-20. Definitions.
9VAC5-130-30. Open burning prohibitions.
9VAC5-130-40. Permissible open burning.
9VAC5-130-50. Forest management and agricultural practices.
9VAC5-130-60. Waivers.

                        Part II--Local Ordinances

9VAC5-130-100. Local ordinances on open burning.

                 Chapter 150--Transportation Conformity

(Effective 01/01/1998)

[[Page 167]]

                       Part I--General Definitions

9VAC5-150-10. General.
9VAC5-150-20. Terms defined.

                       Part II--General Provisions

9VAC5-150-30. Applicability.
9VAC5-150-40. Authority of board and DEQ.
9VAC5-150-80. Relationship of state regulations to federal regulations.

 Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-150-110. Priority.
9VAC5-150-120. Frequency of conformity determinations.
9VAC5-150-130. Consultation.
9VAC5-150-140. Content of transportation plans.
9VAC5-150-150. Relationship of transportation plan and TIP conformity 
with the NEPA process.
9VAC5-150-160. Fiscal constraints for transportation plans and TIPs.
9VAC5-150-170. Criteria and procedures for determining conformity of 
transportation plans, programs, and projects: General.
9VAC5-150-180. Criteria and procedures: latest planning assumptions.
9VAC5-150-190. Criteria and procedures: latest emissions model.
9VAC5-150-200. Criteria and procedures: consultation.
9VAC5-150-210. Criteria and procedures: timely implementation of TCMs.
9VAC5-150-220. Criteria and procedures: currently conforming 
transportation plan and TIP.
9VAC5-150-230. Criteria and procedures: projects from a plan and TIP.
9VAC5-150-240. Criteria and procedures: localized CO and PM 
10 violations (hot spots).
9VAC5-150-250. Criteria and procedures: compliance with PM 10 
control measures.
9VAC5-150-260. Criteria and procedures: motor vehicle emissions budget 
(transportation plan).
9VAC5-150-270. Criteria and procedures: motor vehicle emissions budget 
(TIP).
9VAC5-150-280. Criteria and procedures: motor vehicle emissions budget 
(project not from a plan and TIP).
9VAC5-150-290. Criteria and procedures: localized CO violations (hot 
spots) in the interim period.
9VAC5-150-300. Criteria and procedures: interim period reductions in 
ozone and CO areas (transportation plan).
9VAC5-150-310. Criteria and procedures: interim period reductions in 
ozone and CO areas (TIP).
9VAC5-150-320. Criteria and procedures: interim period reductions for 
ozone and CO areas (project not from a plan and TIP).
9VAC5-150-330. Criteria and procedures: interim period reductions for PM 
10 and NO2 areas (transportation plan).
9VAC5-150-340. Criteria and procedures: interim period reductions for PM 
10 and NO2 areas (TIP).
9VAC5-150-350. Criteria and procedures: interim period reductions for PM 
10 and NO2 areas (project not from a plan and 
TIP).
9VAC5-150-360. Transition from the interim period to the control 
strategy period.
9VAC5-150-370. Requirements for adoption or approval of projects by 
recipients of funds designated under Title 23 USC or the Federal Transit 
Act.
9VAC5-150-380. Procedures for determining regional transportation-
related emissions.
9VAC5-150-390. Procedures for determining localized CO and PM 
10 concentrations (hot-spot analysis).
9VAC5-150-400. Using the motor vehicle emissions budget in the 
applicable implementation plan (or implementation plan submission).
9VAC5-150-410. Enforceability of design concept and scope and project-
level mitigation and control measures.
9VAC5-150-420. Exempt projects.
9VAC5-150-430. Projects exempt from regional emissions analyses.
9VAC5-150-440. Special provisions for nonattainment areas which are not 
required to demonstrate reasonable further progress and attainment.
9VAC5-150-450. Review and confirmation of this chapter by board.

                 Chapter 151--Transportation Conformity

(Effective 03/02/2011)

                       Part I--General Definitions

9VAC5-151-10. Definitions.

                       Part II--General Provisions

9VAC5-151-20. Applicability.
9VAC5-151-30. Authority of board and DEQ.

 Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-151-40. General.
9VAC5-151-50. Designated provisions.
9VAC5-151-60. Word or phrase substitutions.
9VAC5-151-70. Consultation.

                     Chapter 160--General Conformity

(Effective 03/02/2011)

                       Part I--General Definitions

9VAC5-160-10. General.
9VAC5-160-20. Terms defined.

                       Part II--General Provisions

9VAC5-160-30. Applicability.
9VAC5-160-40. Authority of board and department.
9VAC5-160-80. Relationship of state regulations to federal regulations.

[[Page 168]]

 Part III--Criteria and procedures for making conformity determinations

9VAC5-160-110. General.
9VAC5-160-120. Conformity analysis.
9VAC5-160-130. Reporting requirements.
9VAC5-160-140. Public participation.
9VAC5-160-150. Frequency of conformity determinations.
9VAC5-160-160. Criteria for determining conformity.
9VAC5-160-170. Procedures for conformity determinations.
9VAC5-160-180. Mitigation of air quality impacts.
9VAC5-160-190. Savings provision.
9VAC5-160-200. Review and confirmation of this chapter by board.

       Chapter 500--Exclusionary General Permit for Title V Permit

(Effective 07/01/1997)

                           Part I--Definitions

9VAC5-500-10. General.
9VAC5-500-20. Terms defined.

                       Part II--General Provisions

9VAC5-500-30. Purpose.
9VAC5-500-40. Applicability.
9VAC5-500-50. General.
9VAC5-500-60. Existence of permit no defense.
9VAC5-500-70. Circumvention.
9VAC5-500-80. Enforcement of a general permit.

           Part III--General permit administrative procedures

9VAC5-500-90. Requirements for department issuance of authority to 
operate under the general permit.
9VAC5-500-100. Applications for coverage under the general permit.
9VAC5-500-110. Required application information.
9VAC5-500-120. General permit content.
9VAC5-500-130. Issuance of an authorization to operate under the general 
permit.
9VAC5-500-140. Transfer of authorizations to operate under the general 
permit.

              Part IV--General permit terms and conditions

9VAC5-500-150. Emissions levels and requirements.
9VAC5-500-160. Emissions levels.
9VAC5-500-170. Compliance determination and verification by emission 
testing.
9VAC5-500-180. Compliance determination and verification by emission 
monitoring.
9VAC5-500-190. Recordkeeping requirements.
9VAC5-500-200. Reporting requirements.
9VAC5-500-210. Compliance certifications.
9VAC5-500-220. Consequences of failure to remain below emissions levels.
9VAC5-500-230. Enforcement.
9VAC5-500-240. Review and evaluation of regulation.

    (2) [Reserved]

[57 FR 40806, Sept. 4, 1992]

    Editorial Note: For Federal Register citations affecting appendix A 
to Part 55, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



PART 56_REGIONAL CONSISTENCY--Table of Contents



Sec.
56.1  Definitions.
56.2  Scope.
56.3  Policy.
56.4  Mechanisms for fairness and uniformity--Responsibilities of 
          Headquarters employees.
56.5  Mechanisms for fairness and uniformity--Responsibilities of 
          Regional Office employees.
56.6  Dissemination of policy and guidance.
56.7  State agency performance audits.

    Authority: Sec. 301(a)(2) of the Clean Air Act as amended (42 U.S.C. 
7601).

    Source: 45 FR 85405, Dec. 24, 1980, unless otherwise noted.



Sec. 56.1  Definitions.

    As used in this part, all terms not defined herein have the meaning 
given them in the Clean Air Act.
    Act means the Clean Air Act as amended (42 U.S.C. 7401 et seq.).
    Administrator, Deputy Administrator, Assistant Administrator, 
General Counsel, Associate General Counsel, Deputy Assistant 
Administrator, Regional Administrator, Headquarters, Staff Office, 
Operational Office, and Regional Office are described in part 1 of this 
title.
    Mechanism means an administrative procedure, guideline, manual, or 
written statement.
    Program directive means any formal written statement by the 
Administrator, the Deputy Administrator, the Assistant Administrator, a 
Staff Office Director, the General Counsel, a Deputy Assistant 
Administrator, an Associate General Counsel, or a division Director of 
an Operational Office that is intended to guide or direct Regional 
Offices in the implementation or enforcement of the provisions of the 
act.
    Responsible official means the EPA Administrator or any EPA employee

[[Page 169]]

who is accountable to the Administrator for carrying out a power or duty 
delegated under section 301(a)(1) of the act, or is accountable in 
accordance with EPA's formal organization for a particular program or 
function as described in part 1 of this title.



Sec. 56.2  Scope.

    This part covers actions taken by:
    (a) Employees in EPA Regional Offices, including Regional 
Administrators, in carrying out powers and duties delegated by the 
Administrator under section 301(a)(1) of the act; and
    (b) EPA employees in Headquarters to the extent that they are 
responsible for developing the procedures to be employed or policies to 
be followed by Regional Offices in implementing and enforcing the act.



Sec. 56.3  Policy.

    It is EPA's policy to:
    (a) Assure fair and uniform application by all Regional Offices of 
the criteria, procedures, and policies employed in implementing and 
enforcing the act;
    (b) Provide mechanisms for identifying and correcting 
inconsistencies by standardizing criteria, procedures, and policies 
being employed by Regional Office employees in implementing and 
enforcing the act; and
    (c) Insure an adequate quality audit for each State's performance in 
implementing and enforcing the act.
    (d) Recognize that only the decisions of the U.S. Supreme Court and 
decisions of the U.S. Court of Appeals for the D.C. Circuit Court that 
arise from challenges to ``nationally applicable regulations . . . or 
final action,'' as discussed in Clean Air Act section 307(b) (42 U.S.C. 
7607(b)), shall apply uniformly, and to provide for exceptions to the 
general policy stated in paragraphs (a) and (b) of this section with 
regard to decisions of the federal courts that arise from challenges to 
``locally or regionally applicable'' actions, as provided in Clean Air 
Act section 307(b) (42 U.S.C. 7607(b)).

[45 FR 85405, Dec. 24, 1980, as amended at 81 FR 51113, Aug. 3, 2016]



Sec. 56.4  Mechanisms for fairness and uniformity--Responsibilities of Headquarters employees.

    (a) The Administrator shall include, as necessary, with any rule or 
regulation proposed or promulgated under parts 51 and 58 of this chapter 
\1\ mechanisms to assure that the rule or regulation is implemented and 
enforced fairly and uniformly by the Regional Offices.
---------------------------------------------------------------------------

    \1\ Part 51 is entitled, ``Requirements for Preparation, Adoption, 
and Submittal of Implementation Plans.'' Part 58 is entitled, ``Ambient 
Air Quality Surveillance.''
---------------------------------------------------------------------------

    (b) The determination that a mechanism required under paragraph (a) 
of this section is unnecessary for a rule or regulation shall be 
explained in writing by the responsible EPA official and included in the 
supporting documentation or the relevant docket.
    (c) The Administrator shall not be required to issue new mechanisms 
or revise existing mechanisms developed under paragraphs (a) of this 
section to address the inconsistent application of any rule, regulation, 
or policy that may arise in response to the limited jurisdiction of 
either a federal circuit court decision arising from challenges to 
``locally or regionally applicable'' actions, as provided in Clean Air 
Act section 307(b) (42 U.S.C. 7607(b)), or a federal district court 
decision.

[45 FR 85405, Dec. 24, 1980, as amended at 81 FR 51113, Aug. 3, 2016]



Sec. 56.5  Mechanisms for fairness and uniformity--Responsibilities of
Regional Office employees.

    (a) Each responsible official in a Regional Office, including the 
Regional Administrator, shall assure that actions taken under the act:
    (1) Are carried out fairly and in a manner that is consistent with 
the Act and Agency policy as set forth in the Agency rules and program 
directives,
    (2) Are as consistent as reasonably possible with the activities of 
other Regional Offices, and
    (3) Comply with the mechanisms developed under Sec. 56.4 of this 
part.
    (b) A responsible official in a Regional office shall seek 
concurrence from the appropriate EPA Headquarters office on any 
interpretation of the Act, or rule, regulation, or program

[[Page 170]]

directive when such interpretation may result in application of the act 
or rule, regulation, or program directive that is inconsistent with 
Agency policy. However, the responsible official in a Regional office 
will not be required to seek such concurrence from the appropriate EPA 
Headquarters office for actions that may result in inconsistent 
application if such inconsistent application is required in order to act 
in accordance with a federal court decision:
    (1) Issued by a Circuit Court in challenges to ``locally or 
regionally applicable'' actions, as provided in Clean Air Act section 
307(b) (42 U.S.C. 7607(b)), if that circuit court has direct 
jurisdiction over the geographic areas that the Regional office official 
is addressing, or (2) Issued by a district court in a specific case if 
the party the Regional office official is addressing was also a party in 
the case that resulted in the decision.
    (c) In reviewing State Implementation Plans, the Regional Office 
shall follow the provisions of the guideline, revisions to State 
Implementation Plans--Procedures for Approval/Disapproval Actions, OAQPS 
No. 1.2-005A, or revision thereof. Where regulatory actions may involve 
inconsistent application of the requirements of the act, the Regional 
Offices shall classify such actions as special actions.

[45 FR 85405, Dec. 24, 1980, as amended at 81 FR 51114, Aug. 3, 2016]



Sec. 56.6  Dissemination of policy and guidance.

    The Assistant Administrators of the Offices of Air, Noise and 
Radiation, and of Enforcement, and the General Counsel shall establish 
as expeditiously as practicable, but no later than one year after 
promulgation of this part, systems to disseminate policy and guidance. 
They shall distribute material under foregoing systems to the Regional 
Offices and State and local agencies, and shall make the material 
available to the public. Air programs policy and guideline systems shall 
contain the following:
    (a) Compilations of relevant EPA program directives and guidance, 
except for rules and regulations, concerning the requirements under the 
Act.
    (b) Procedures whereby each Headquarters program office and staff 
office will enter new and revised guidance into the compilations and 
cause superseded guidance to be removed.
    (c) Additional guidance aids such as videotape presentations, 
workshops, manuals, or combinations of these where the responsible 
Headquarters official determines they are necessary to inform Regional 
Offices, State and local agencies, or the public about EPA actions.



Sec. 56.7  State agency performance audits.

    (a) EPA will utilize the provisions of subpart B, Program Grants, of 
part 35 of this chapter, which require yearly evaluations of the manner 
in which grantees use Federal monies, to assure that an adequate 
evaluation of each State's performance in implementing and enforcing the 
act is performed.
    (b) Within 60 days after comment is due from each State grantee on 
the evaluation report required by Sec. 35.538 of this chapter, the 
Regional Administrator shall incorporate or include any comments, as 
appropriate, and publish notice of availability of the evaluation report 
in the Federal Register.



PART 57_PRIMARY NONFERROUS SMELTER ORDERS--Table of Contents



                            Subpart A_General

Sec.
57.101  Purpose and scope.
57.102  Eligibility.
57.103  Definitions.
57.104  Amendment of the NSO.
57.105  Submittal of required plans, proposals, and reports.
57.106  Expiration date.
57.107  The State or local agency's transmittal to EPA.
57.108  Comparable existing SIP provisions.
57.109  Maintenance of pay.
57.110  Reimbursement of State or local agency.
57.111  Severability of provisions.

              Subpart B_The Application and the NSO Process

57.201  Where to apply.
57.202  How to apply.
57.203  Contents of the application.
57.204  EPA action on second period NSOs which have already been issued.

[[Page 171]]

57.205  Submission of supplementary information upon relaxation of an 
          SO2 SIP emission limitation.

          Subpart C_Constant Controls and Related Requirements

57.301  General requirements.
57.302  Performance level of interim constant controls.
57.303  Total plantwide emission limitation.
57.304  Bypass, excess emissions and malfunctions.
57.305  Compliance monitoring and reporting.

           Subpart D_Supplementary Control System Requirements

57.401  General requirements.
57.402  Elements of the supplementary control system.
57.403  Written consent.
57.404  Measurements, records, and reports.
57.405  Formulation, approval, and implementation of requirements.

           Subpart E_Fugitive Emission Evaluation and Control

57.501  General requirements.
57.502  Evaluation.
57.503  Control measures.
57.504  Continuing evaluation of fugitive emission control measures.
57.505  Amendments of the NSO.

             Subpart F_Research and Development Requirements

57.601  General requirements.
57.602  Approval of proposal.
57.603  Criteria for approval.
57.604  Evaluation of projects.
57.605  Consent.
57.606  Confidentiality.

               Subpart G_Compliance Schedule Requirements

57.701  General requirements.
57.702  Compliance with constant control emission limitation.
57.703  Compliance with the supplementary control system requirements.
57.704  Compliance with fugitive emission evaluation and control 
          requirements.
57.705  Contents of SIP Compliance Schedule required by Sec. 57.201(d) 
          (2) and (3).

 Subpart H_Waiver of Interim Requirement for Use of Continuous Emission 
                          Reduction Technology

57.801  Purpose and scope.
57.802  Request for waiver.
57.803  Issuance of tentative determination; notice.
57.804  Request for hearing; request to participate in hearing.
57.805  Submission of written comments on tentative determination.
57.806  Presiding Officer.
57.807  Hearing.
57.808  Opportunity for cross-examination.
57.809  Ex parte communications.
57.810  Filing of briefs, proposed findings, and proposed 
          recommendations.
57.811  Recommended decision.
57.812  Appeal from or review of recommended decision.
57.813  Final decision.
57.814  Administrative record.
57.815  State notification.
57.816  Effect of negative recommendation.

Appendix A to Part 57--Primary Nonferrous Smelter Order (NSO) 
          Application

    Authority: Secs. 110, 114, 119, 301, Clean Air Act, as amended (42 
U.S.C. 7410, 7414, 7419, and 7601); sec. 406 of Pub. L. 95-95.

    Source: 50 FR 6448, Feb. 15, 1985, unless otherwise noted.



                            Subpart A_General



Sec. 57.101  Purpose and scope.

    (a) Applicability of the regulations. The regulations in subparts A 
through H govern:
    (1) The eligibility of smelters for a Primary Nonferrous Smelter 
Order (NSO) under section 119 of the Clean Air Act;
    (2) The procedures through which an NSO can be approved or issued by 
EPA; and
    (3) The minimum contents of each NSO required for EPA issuance or 
approval under section 119. Subpart I et seq., will contain NSOs in 
effect for individual smelters.
    (b) State authority to adopt more stringent requirements. Nothing in 
this part shall preclude a State from imposing more stringent 
requirements, as provided by section 116 of the Clean Air Act.



Sec. 57.102  Eligibility.

    (a) A primary copper, lead, zinc, molybdenum, or other nonferrous 
smelter is eligible for an NSO if it meets the following conditions:
    (1) The smelter was in existence and operating on August 7, 1977;
    (2) The smelter is subject to an approved or promulgated sulfur 
dioxide (SO2) State Implementation Plan (SIP)

[[Page 172]]

emission limitation which is adequate to ensure that National Ambient 
Air Quality Standards (NAAQS) for SO2 are achieved without 
the use of any unauthorized dispersion techniques; and
    (3) The Administrator determines, based on a showing by the smelter 
owner, that no means of emission limitation applicable to the smelter 
which would enable it to comply with its SIP stack emission limitation 
for SO2 has been adequately demonstrated to be reasonably 
available (taking into account the cost of compliance, nonair quality 
health and environmental impact, and energy considerations) in 
accordance with Sec. 57.201(d)(1).
    (b) For the purposes of these regulations:
    (1) The following means of emission limitation shall be considered 
adequately demonstrated for nonferrous smelters. (Taking into account 
nonair quality health and environmental impact and energy 
considerations, but not the cost of compliance).
    (i) Retrofit control technologies. (A) Sulfuric acid plant in 
conjunction with an adequately demonstrated replacement technology or 
process modification;
    (B) Magnesium oxide (concentration) scrubbing;
    (C) Lime/limestone scrubbing; and
    (D) Ammonia scrubbing.
    (ii) Replacement or process modifications. (A) Flash smelting;
    (B) Oxygen enrichment;
    (C) Supplemental sulfur burning in conjunction with acid plant;
    (D) Electric Furnace;
    (E) Noranda process;
    (F) Fluid bed roaster;
    (G) Continuous smelting (Mitsubishi) process; and
    (H) Strong stream/weak stream gas blending.
    (2) Each adequately demonstrated means of emission limitation which 
would enable a smelter to comply with its SIP emission limitation for 
SO2 shall be considered applicable to the smelter unless the 
smelter operator demonstrates that the use of a particular system at 
that smelter is technically unreasonable, for reasons specific to that 
site.
    (3) An applicable means of emission limitation which would enable a 
smelter to comply with its SIP emission limitation for SO2 
shall be considered adequately demonstrated to be reasonably available 
to the smelter (taking into account the cost of compliance) if the 
information submitted under Secs. 57.107(a) and 57.203(b) (plus any 
necessary supplemental information) shows, according to the criteria, 
procedures, and tests contained in appendix A to this part and in 
accordance with Sec. 57.201(d)(1), that both of the following two tests 
are met.
    (i) The rate of return test. The present value of the smelter's 
future net cash flow (during and after investment in constant control 
technology) is more than book value of the smelter's net investment in 
constant dollars.
    (ii) The profit protection test. The constant control technology 
expenditure reduces the present value of the smelter's forecast pretax 
profits by less than 50%.
    (c) When applying for an NSO, a smelter must establish, for purposes 
of applying the financial eligibility tests, which adequately 
demonstrated constant control technology applicable to that smelter is 
the most economically feasible for use at that smelter.

[50 FR 6448, Feb. 15, 1985, as amended at 51 FR 10211, Mar. 25, 1986]



Sec. 57.103  Definitions.

    (a) The Act means the Clean Air Act, as amended.
    (b) Active use refers to an SO2 constant control system 
installed at a smelter before August 7, 1977 and not totally removed 
from regular service by that date.
    (c) Adequate SO2 emission limitation means a SIP emission 
limitation which was approved or promulgated by EPA as adequate to 
attain and maintain the NAAQS in the areas affected by the stack 
emissions without the use of any unauthorized dispersion technique.
    (d) Administrative Law Judge means an administrative law judge 
appointed under 5 U.S.C. 3105 (see also 5 CFR part 930, as amended by 37 
FR 16787), and is synonymous with the term ``Hearing Examiner'' as 
formerly used in Title 5 of the U.S. Code.
    (e) The Administrator means the Administrator of the U.S. 
Environmental

[[Page 173]]

Protection Agency, or the Administrator's authorized representative.
    (f) Ambient air shall have the meaning given by 40 CFR 50.1(e), as 
that definition appears upon promulgation of this subpart, or as 
hereafter amended.
    (g) Ambient air quality refers only to concentrations of sulfur 
dioxide in the ambient air, unless otherwise specified.
    (h) An approved measure refers to one contained in an NSO which is 
in effect.
    (i) Assistant Administrator for Air and Radiation means the 
Assistant Administrator for Air and Radiation of the U.S. Environmental 
Protection Agency.
    (j) Constant controls, control technology, and continuous emission 
reduction technology mean systems which limit the quantity, rate, or 
concentration, excluding the use of dilution, and emissions of air 
pollutants on a continuous basis.
    (k) Effective date of an NSO means the effective date listed in the 
Federal Register publication of EPA's issuance or approval of an NSO.
    (l) EPA and the Agency means the Administrator of the U.S. 
Environmental Protection Agency, or the Administrator's authorized 
representative.
    (m) Fugitive emissions means any air pollutants emitted to the 
atmosphere other than from a stack.
    (n) Issuance of an NSO means the final transmittal of the NSO 
pursuant to Sec. 57.107(a) by an issuing agency (other than EPA) to EPA 
for approval, or the publication of an NSO issued by EPA in the Federal 
Register.
    (o) Issuing agency, unless otherwise specifically indicated, means 
the State or local air pollution control agency to which a smelter's 
owner has applied for an NSO, or which has issued the NSO, or EPA, when 
the NSO application has been made to EPA. Any showings or demonstrations 
required to be made under this part to the issuing agency, when not EPA, 
are subject to independent determinations by EPA.
    (p) Malfunction means any unanticipated and unavoidable failure of 
air pollution control equipment or process equipment or of a process to 
operate in a normal or usual manner. Failures that are caused entirely 
or in part by poor design, poor maintenance, careless operation, or any 
other preventable upset condition or preventable equipment breakdown 
shall not be considered malfunctions. A malfunction exists only for the 
minimum time necessary to implement corrective measures.
    (q) Maximum production capacity means either the maximum 
demonstrated rate at which a smelter has produced its principal metallic 
final product under the process equipment configuration and operating 
procedures prevailing on or before August 7, 1977, or a rate which the 
smelter is able to demonstrate by calculation is attainable with process 
equipment existing on August 7, 1977. The rate may be expressed as a 
concentrate feed rate to the smelter.
    (r) NAAQS and National Ambient Air Quality Standards, unless 
otherwise specified, refer only to the National Primary and Secondary 
Ambient Air Quality Standards for sulfur dioxide.
    (s) Scheduled maintenance means any periodic procedure, necessary to 
maintain the integrity or reliability of emissions control performance, 
which can be anticipated and scheduled in advance. In sulfuric acid 
plants, it includes among other items the screening or replacement of 
catalyst, the re-tubing of heat exchangers, and the routine repair and 
cleaning of gas handling/cleaning equipment.
    (t) Smelter owner and operator means the owner or operator of the 
smelter, without distinction.
    (u) Supplementary control system (SCS) means any technique for 
limiting the concentration of a pollutant in the ambient air by varying 
the emissions of that pollutant according to atmospheric conditions. For 
the purposes of this part, the term supplementary control system does 
not include any dispersion technique based solely on the use of a stack 
the height of which exceeds good engineering practice (as determined 
under regulations implementing section 123 of the Act).
    (v) Unauthorized dispersion technique refers to any dispersion 
technique which, under section 123 of the Act and the regulations 
promulgated pursuant to that section, may not be used to reduce the 
degree of emission limitation otherwise required in the applicable SIP.

[[Page 174]]

    (w) Unless otherwise specified in this part, all terms shall have 
the same meaning given them by the Act.

[50 FR 6448, Feb. 15, 1985, as amended at 57 FR 5328, Feb. 13, 1992]



Sec. 57.104  Amendment of the NSO.

    An NSO shall be amended whenever necessary for compliance with the 
requirements and purposes of this part.
    (a)(1) Issuance of amendment. A State or local issuing agency may 
issue an amendment of any NSO it has issued. Any amendment issued by a 
State or local issuing agency shall be subject to approval by EPA to the 
same extent as was the original NSO. Any smelter owner may apply to the 
agency which originally issued its NSO for an amendment of the NSO at 
any time. Such an application shall be accompanied by whatever 
documentation is required by that agency (or EPA) to support the 
requested amendment.
    (2)(i) Notwithstanding the requirements of paragraph (a)(1) of this 
section, amendments to SIP compliance schedule interim compliance dates 
in State-issued NSO's need not be submitted for EPA approval if the 
amendment does not delay the interim date by more than three months from 
the date as approved by the Administrator and if the final compliance 
date is unchanged. Delays longer than 3 months shall be handled 
according to the provisions of Sec. 57.104(a)(1).
    (ii) Changes made in accordance with this subparagraph may be 
effective immediately but must be submitted to EPA within seven days. 
EPA will give public notice of receipt of such changes by publication of 
a Notice in the Federal Register.
    (3) In any case in which the issuing agency fails to issue an 
amendment necessary for compliance with the requirements and purposes of 
this part, EPA may, after first giving the issuing Agency notice, issue 
such amendment.
    (b) Revision of SCS Manual. Operation in accordance with the revised 
provisions of an SCS operational manual (see Sec. 57.402(e)) shall not 
be considered a violation of an NSO while the application for approval 
of those revisions as NSO amendments is pending before the issuing 
agency (or EPA) for approval: Provided, that:
    (1) No violations of NAAQS occur in the smelter's Designated 
Liability Area during that time; and
    (2) The smelter operator has not been informed by the issuing agency 
or EPA that its application is not adequately documented, unless such 
deficiency has been remedied promptly.
    (c) Notice and opportunity for hearing. Notice and opportunity for 
public hearing shall be provided before issuance of all major 
amendments.



Sec. 57.105  Submittal of required plans, proposals, and reports.

    (a) The failure of a smelter owner to submit any plan, report, 
document or proposal as required by its NSO or by this part shall 
constitute a violation of its NSO.
    (b) If the Administrator determines that a nonferrous smelter is in 
violation of a requirement contained in an NSO approved under these 
regulations, the Administrator shall, as provided by section 119(f) of 
the Act:
    (1) Enforce such requirement under section 113 (a), (b), or (c) of 
the Act;
    (2) Revoke the order after notice and opportunity for hearing;
    (3) Give notice of noncompliance and commence action under section 
120 of the act; or
    (4) Take any appropriate combinations of these actions.
    (c) Under section 304 of the Act, any person may commence a civil 
action against an owner or operator of a smelter which is alleged to be 
in violation or any order approved under this part.



Sec. 57.106  Expiration date.

    Each NSO shall state its expiration date. No NSO issued under this 
regulation shall expire later than January 1, 1988.



Sec. 57.107  The State or local agency's transmittal to EPA.

    (a) Content and bases of the State or local agency's NSO. Issuance 
of an NSO by a State or local agency shall be completed by the issuing 
agency's transmittal to the appropriate EPA Regional Office of:
    (1) The text of the NSO;
    (2) The application submitted by the smelter owner, except for 
appendix A

[[Page 175]]

to this part, all correspondence between the issuing agency and the 
applicant relating to the NSO, and any material submitted in support of 
the application;
    (3) A concise statement of the State or local agency's findings and 
their bases; and
    (4) All documentation or analyses prepared by or for the issuing 
agency in support of the NSO.
    (b) The State or local agency's enforcement plan. The transmittal 
under paragraph (a) of this section shall be accompanied by a 
description of the issuing agency's plans for monitoring compliance with 
and enforcement of the NSO. The transmittal shall also include a 
description of the resources which will be used to implement those 
plans. If the enforcement plans appear inadequate, EPA may require that 
the NSO be modified such that the NSO will be adequately enforced.



Sec. 57.108  Comparable existing SIP provisions.

    Notwithstanding any other provision of this part, an NSO may contain 
provisions to which the affected smelter is subject under the applicable 
EPA-approved State Implementation Plan (SIP) for sulfur dioxide in lieu 
of the corresponding provisions which would otherwise be required under 
this part if the Administrator determines that those SIP provisions are 
substantially equivalent to the corresponding NSO provisions which would 
otherwise be required, and if the Administrator determines that the 
smelter is in substantial compliance with those SIP provisions. For the 
purposes of this section, provisions to which the affected smelter is 
subject under the applicable EPA-approved State Implementation Plan are 
those which became effective before the smelter owner applied for the 
NSO.



Sec. 57.109  Maintenance of pay.

    The Administrator will not approve or issue an NSO for any smelter 
unless he has approved or promulgated SIP provisions which are 
applicable to the smelter and which satisfy the requirements of section 
110(a)(6) of the Clean Air Act.



Sec. 57.110  Reimbursement of State or local agency.

    As a condition of issuing an NSO, any issuing agency may require the 
smelter operator to pay a fee to the State or local agency sufficient to 
defray the issuing agency's expenses in issuing and enforcing the NSO.



Sec. 57.111  Severability of provisions.

    The provisions promulgated in this part and the various applications 
thereof are distinct and severable. If any provision of this part or the 
application thereof to any person or circumstances is held invalid, such 
invalidity shall not affect other provisions, or the application of such 
provisions to other persons or circumstances, which can be given effect 
without the invalid provision of application.



              Subpart B_The Application and the NSO Process



Sec. 57.201  Where to apply.

    Any eligible smelter may apply for an NSO to the appropriate EPA 
Regional Office or to the appropriate State or local air pollution 
control agency.
    (a) When application is made to EPA, all parts of the application 
required to be submitted under this subpart shall be sent directly to 
the Director, Stationary Source Compliance Division (EN-341), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, Attention: Confidential Information Unit. In 
addition, the smelter owner shall send a copy of the application, except 
that part required to be submitted under Sec. 57.203(b) (eligibility), 
directly to the appropriate EPA Regional Office.
    (b) When application is made to the appropriate State or local 
agency, the smelter owner shall submit one complete copy of all parts of 
the application required to be submitted under this subpart to that 
agency, in addition to the application requirements contained in 
paragraph (a) of this section. If the smelter owner is requesting an 
advance eligibility determination pursuant to Sec. 57.203(b), such 
request must be made in writing and shall accompany the copy of the 
application being

[[Page 176]]

sent to the Director of the Stationary Source Compliance Division of the 
Environmental Protection Agency.
    (c) If the smelter owner is requesting a waiver of the interim 
constant control requirement of Sec. 57.301, such request must be sent 
directly to the Director, Stationary Source Compliance Division, at the 
time of application, in accordance with Sec. 57.802.
    (d) The NSO Process. (1) A smelter desiring an NSO shall apply for 
an NSO by submitting an application under subpart B including the 
financial information required in appendix A and including the 
information necessary to make the determinations required by this 
subparagraph and Sec. 57.201(d)(2). The issuing agency shall analyze the 
financial information according to the financial eligibility test 
prescribed by subpart A and described in appendix A. The issuing Agency 
shall then determine whether the smelter is able to comply with its SIP 
on or before the date required in the SIP by installing adequately 
demonstrated technology which is reasonably available. See also 
Sec. 57.102(a)(3). If the test demonstrates that adequately demonstrated 
technology is not reasonably available to the smelter to allow it to 
comply with the SIP by the required compliance date, the smelter is 
eligible for an NSO.
    (2)(i) If the smelter is determined to be eligible for an NSO under 
paragraph (d)(1) of this section, the issuing Agency shall apply the 
appendix A financial eligibility tests again before issuing an NSO in 
order to determine if the smelter can comply with its SIP requirements 
on or before January 1, 1988 by installing adequately demonstrated 
technology which is reasonably available.
    (ii) If application of the tests shows that the smelter could comply 
by or before January 1, 1988, the issuing agency shall notify the 
smelter of this determination, and shall not issue an NSO to the smelter 
unless the NSO contains a SIP compliance schedule meeting the 
requirements of Sec. 57.705. Such a compliance schedule must provide for 
compliance with the smelter's SO2 SIP as expeditiously as 
practicable and in no case later than January 1, 1988. A smelter must 
submit to the issuing agency information necessary to determine a 
compliance schedule meeting the requirements of Sec. 57.705. This 
information shall be submitted by a smelter within thirty days after the 
smelter is notified by the issuing agency that a SIP compliance schedule 
is required. The Administrator may consider an NSO application to be 
withdrawn for SIP enforcement purposes if a smelter fails to submit such 
information within the time required under this paragraph.
    (iii) If no adequately demonstrated technology is found to be 
reasonably available to enable a smelter to comply by January 1, 1988, 
it would be excused from the compliance schedule requirement in 
Sec. 57.201(d)(2)(ii), but it would be subject to reevaluation of its 
ability to comply by that date at any time during the term of the NSO. 
(See Sec. 57.201(d)(3)).
    (3) At any time during the term of an NSO which does not contain a 
SIP compliance schedule, EPA or the issuing agency may reevaluate the 
availability of technology to the smelter. If EPA or the issuing agency 
determines that adequately demonstrated technology is reasonably 
available to permit the smelter to comply with its SIP by or before 
January 1, 1988, the NSO shall be amended within 3 months time after 
such determination. The amendment shall require compliance with all SIP 
requirements by or before January 1, 1988, and shall include a 
compliance schedule meeting the requirements of Sec. 57.705. The 
determination that adequately demonstrated technology is reasonably 
available shall be made by reapplying the same appendix A financial 
eligibility tests required by subpart B, updated by economic data 
reflecting current operating conditions and currently demonstrated 
control technology. Any such determination and amendment shall be 
governed by the provisions of this part and section 119 of the Clean Air 
Act.
    (4) Notice and opportunity for public hearing in accordance with 
section 119 of the Clean Air Act must be provided before issuance of any 
NSO.
    (e) A smelter that does not have any constant SO2 
controls or whose existing constant SO2 controls when in full 
operation and optimally maintained

[[Page 177]]

are not sufficient to treat all strong SO2 streams may apply 
for a waiver of the requirements of subpart C to install interim 
constant controls by submitting an application under subpart H. A waiver 
may be granted only with respect to the requirement to eliminate bypass 
of constant controls through the installation of new constant control 
equipment, not with respect to the requirements for optimum maintenance 
and operation of existing equipment. EPA shall then determine the 
smelter's ability to afford installation of the required additional 
interim constant SO2 control equipment at the smelter based 
on financial eligibility information analyzed according to the financial 
test prescribed in appendix A. A waiver of the requirement for 
additional interim constant controls will be granted if EPA determines 
in accordance with the procedures of subpart H that imposition of this 
requirement would necessitate closure of the smelter for at least one 
year.



Sec. 57.202  How to apply.

    (a) Letter of intent. To initiate an application for an NSO, the 
owner or operator of a smelter shall send a letter of intent to an 
appropriate air pollution control agency. The letter of intent shall 
contain a statement of the owner's intent to apply for an NSO, and an 
agreement to provide any information required under this part. The 
letter of intent shall be signed by a corporate official authorized to 
make such commitments. Upon receipt of any letter of intent by the 
issuing agency, the SIP emission limitation for sulfur dioxide, as to 
that applicant, shall be deemed suspended for 60 days. The 60 day 
suspension may be extended for good cause at the discretion of the 
Administrator.
    (b) Complete application. (1) Within the period referred to in 
paragraph (a) of this section, the smelter owner shall submit its 
completed application pursuant to Sec. 57.201. Receipt of all parts of a 
substantially complete application postmarked within the original or 
extended application period shall be deemed to continue the suspension 
of the SIP emission limitation for SO2 until the issuing 
agency issues or declines to issue an NSO. This suspension shall in all 
cases terminate, however, 90 days after receipt of the substantially 
completed application, unless extended for good cause at the discretion 
of the Administrator. If, in the Administrator's judgment, good faith 
effort has been made to submit a complete application, additional time 
may be granted to allow for correction of minor deficiencies.
    (2) If an issuing agency transmits an NSO to EPA for approval before 
the expiration of the suspension of the Federal SIP emission limitation, 
the suspension shall continue until EPA approves or disapproves the NSO.



Sec. 57.203  Contents of the application.

    (a) Claim of confidentiality. The smelter owner may make a business 
confidentiality claim covering all or part of the information in the NSO 
application in accordance with 40 CFR part 2, subpart B (41 FR 36906 et 
seq., Sept. 1, 1976 as amended by 43 FR 39997 et seq., Sept. 8, 1978). A 
claim is effective only if it is made at the time the material is 
submitted to the issuing agency or EPA. A claim shall be made by 
attaching to the information a notice of confidentiality. Information 
claimed as confidential will be handled by EPA under the provisions of 
40 CFR part 2, subpart B. If no claim accompanies the information, it 
may be made available to the public without further notice.
    (b) Each smelter owner shall make the showing required by 
Sec. 57.102(a)(3) by completing and submitting appendix A to this part 
and any necessary supplemental information to the issuing agency as a 
part of its application. Each smelter shall also submit as part of its 
application the information which, in conjunction with the information 
required by appendix A, is necessary for the issuing agency to make the 
determination required by Sec. 57.201(d)(2). Any smelter owner or State 
may, at its option, simultaneously submit this material to EPA for an 
advance eligibility determination.
    (c) Current operating information. A complete NSO application shall 
also contain the following information:
    (1) A process flow diagram of the smelter, including current process 
and

[[Page 178]]

instrumentation diagrams for all processes or equipment which may emit 
or affect the emission of sulfur dioxide; the characteristics of all gas 
streams emitted from the smelter's process equipment (flow rates, 
temperature, volumes, compositions, and variations over time); and a 
list of all monitoring data and strip charts, including all data, 
charts, logs or sheets kept with respect to the operation of any process 
equipment which may emit or affect the emission of sulfur dioxide;
    (2) The smelter's maximum daily production capacity (as defined in 
Sec. 57.103(r)), the operational rate (in pounds of concentrate charged 
to the smelting furnace per hour) of each major piece of process 
equipment when the smelter is operating at that capacity; and the 
smelter's average and maximum daily production rate for each product, 
co-product, or by-product, by year, for the past four years;
    (3) The optimal conversion efficiency (defined in terms of percent 
of total SO2 removed from the input flow stream) of any acid 
plant or other sulfur dioxide control system under the normal process 
operating conditions (excluding malfunctions) most conducive to optimal 
conversion efficiency;
    (4) The average conversion efficiency of any acid plant or other 
sulfur dioxide control system during normal process operations 
(excluding malfunctions), by month, during the past four years.
    (5) The percent of the time the acid plant or other control system 
was available for service during each month for the past four years, 
excluding downtime for scheduled maintenance, and a full explanation of 
any major or recurring problems with the system during that time;
    (6) The frequency and duration of times during the past four years 
when the SO2 system was unavailable because of scheduled 
maintenance of the system;
    (7) A description of all scheduled, periodic, shutdowns of the 
smelter during the past four years, including their purpose, frequency 
and duration; and the same information with respect to unscheduled 
shutdowns;
    (8) The gas volume, rates, and SO2 concentration which 
the control system was actually designed to accommodate, taking into 
account any modifications made after its installation;
    (9) The average monthly sulfur balance across the process and 
control equipment, including fugitive emissions, for the past 4 years; 
and
    (10) A description of engineering techniques now in use at the 
smelter to prevent the release of fugitive emissions into the atmosphere 
at low elevations.
    (d) The smelter owner's proposals. The smelter owner shall submit as 
part of its application, draft NSO provisions which would implement the 
requirements of subparts C through G of this part. The issuing agency 
may use these proposals as the basis for any NSO that may be granted, or 
may modify these proposals in any way it deems necessary in order to 
comply with the requirements of this part.
    (e) A smelter may submit as part of its application, information 
necessary to determine any SIP compliance schedule which might be 
required under Sec. 57.201(d)(2).
    (f) Additional information. The smelter owner shall designate in its 
application a corporate officer responsible and authorized to supply 
supplemental technical and economic information and explanations as 
required by the issuing agency during the formulation of the NSO. 
Failure to supply such information and explanations shall constitute a 
failure to submit a complete application.
    (g) Request for a waiver of constant controls. Any request for a 
waiver of the requirement interim constant control of all strpmg streams 
of Sec. 57.301 shall be made in accordance with Sec. 57.802. The 
criteria and procedures for granting the waiver are governed by subpart 
H of this part.
    (h) Unless a smelter applies for a waiver in accordance with subpart 
H, a smelter shall submit as part of its application a proposed schedule 
for compliance with the interim constant control requirements of subpart 
C which satisfies the requirements of Sec. 57.702.

[[Page 179]]



Sec. 57.204  EPA action on second period NSOs which have already been issued.

    (a) EPA may approve a second period NSO issued by a State before the 
date of publication of these regulations in the Federal Register, 
without requiring a complete reapplication under this subpart and new 
State proceedings, provided:
    (1) The second period NSO was issued by the State consistent with 
the procedural requirements of section 119 of the Clean Air Act;
    (2) EPA can make a determination that the smelter is eligible for a 
second period NSO and whether the smelter can comply with its 
SO2 SIP limits on or before January 1, 1988 under the 
financial eligibility tests in these regulations on the basis of 
available information and such supplementary information as the Agency 
may request the smelter to submit; and
    (3) The provisions of the NSO are consistent with the requirements 
of these regulations.
    (b) Should EPA require a smelter to submit information before taking 
final action on an NSO referred to in paragraph (a), of this section, it 
shall specify a reasonable period for submission of such information in 
light of the nature of the information being required. The duration of 
such period shall not exceed the period allowed for submission of a 
complete application under Sec. 57.202 (a) and (b).
    (c) The Agency shall consider the SIP emission limitation for 
SO2 to be suspended with respect to a smelter which received 
an NSO described in subpart A until EPA takes final action on such NSO. 
Such suspension shall terminate if the smelter does not submit 
supplementary information within the time specified under paragraph (b).



Sec. 57.205  Submission of supplementary information upon relaxation of
an SO2 SIP emission limitation.

    (a) In the event an SO2 SIP limit is relaxed subsequent 
to EPA approval or issuance of a second period NSO, the smelter issued 
the NSO shall submit to the issuing agency and EPA such supplementary 
information that EPA considers appropriate for purposes of determining 
whether the means of compliance with the new SIP limit are adequately 
demonstrated to be reasonably available under the financial eligibility 
tests specified in Sec. 57.102(b)(3). The smelter shall submit such 
information within sixty days of notification by EPA. This time limit 
may be extended by EPA for good cause.
    (b) Upon receipt of any supplementary information required under 
paragraph (a), the issuing agency shall promptly reevaluate the 
availability of the means of compliance with the new SIP limit under the 
NSO eligibility tests specified in Sec. 57.102(b)(3). If the issuing 
agency determines that the demonstrated control technology necessary to 
attain the new SO2 SIP limit is adequately demonstrated to be 
reasonably available under the eligibility tests, so as to permit the 
smelter to comply with the new SIP limit on or before January 1, 1988, 
the NSO shall be amended within the time contemplated by Sec. 57.202(a) 
after receipt of the supplementary information. Such amendment shall 
require compliance with the new SO2 SIP limit as 
expeditiously as practicable in accordance with Sec. 57.201(d)(3). The 
issuing agency, if not EPA, shall promptly submit its determination and 
any necessary NSO amendments to EPA.
    (c) EPA shall take action to approve or disapprove the issuing 
agency's determination and NSO amendment, if any, within a reasonable 
time after receipt of such determination and amendment.
    (d) If EPA disapproves the issuing agency's determination or NSO 
amendment, or if a smelter fails to submit any supplementary information 
as required under paragraph (a), EPA and/or the issuing agency shall 
take appropriate remedial action. EPA shall take appropriate remedial 
action if the issuing agency does not make any determination and 
amendment required by this section within the time contemplated by 
Sec. 57.202(a).

[[Page 180]]



          Subpart C_Constant Controls and Related Requirements



Sec. 57.301  General requirements.

    Each NSO shall require an interim level of sulfur dioxide constant 
controls to be operated at the smelter, unless a waiver of this 
requirement has been granted to the owner under subpart H of this part. 
Except as otherwise provided in Sec. 57.304, the interim constant 
controls shall be properly operated and maintained at all times. The NSO 
shall require the following gas streams to be treated by interim 
constant controls:
    (a) In copper smelters, off-gases from fluidized bed roasters, flash 
furnaces, NORANDA reactors, electric furnaces and copper converters;
    (b) In lead smelters, off-gases from the front end of the sintering 
machine and any other sinter gases which are recirculated;
    (c) In zinc smelters, off-gases from mult-hearth roasters, flash 
roasters and fluidized bed roasters; and
    (d) In all primary nonferrous smelters, all other strong 
SO2 streams.
    (e) In all primary nonferrous smelters, any other process streams 
which were regularly or intermittently treated by constant controls at 
the smelter as of August 7, 1977.



Sec. 57.302  Performance level of interim constant controls.

    (a) Maximum feasible efficiency. Each NSO shall require: that the 
smelter operate its interim constant control systems at their maximum 
feasible efficiency, including the making of any improvements necessary 
to correct the effects of any serious deficiencies; that the process and 
control equipment be maintained in the way best designed to ensure such 
operation; and that process operations be scheduled and coordinated to 
facilitate treatment of process gas streams to the maximum possible 
extent. Maximum feasible efficiency shall be expressed in the NSO in the 
form of a limitation on the concentration of SO2 in the tail 
gas of each individual control system in combination with an appropriate 
averaging period, as provided below in paragraphs (b) and (c) of this 
section.
    (b) The limitation level for SO2 concentration in the 
control system tail gas. The level at which the concentration limitation 
is set shall take into account fluctuations in the strength and volume 
of process off-gases to the extent that those fluctuations affect the 
SO2 content of the tail gas and cannot be avoided by improved 
scheduling and coordination of process operations. The limitation shall 
exclude the effect of any increase in emissions caused by process or 
control equipment malfunction. The limitation shall take into account 
unavoidable catalyst deterioration in sulfuric acid plants, but may 
prescribe the frequency of catalyst screening or replacement. The NSO 
shall also prohibit the smelter owner from using dilution air to meet 
the limitation.
    (c) Averaging period. (1) The averaging period shall be derived in 
combination with the concentration limitation and shall take into 
account the same factors described in paragraph (b). The averaging 
period established under this paragraph should generally not exceed the 
following:
    (i) For sulfuric acid plants on copper smelters, 12-hour running 
average;
    (ii) For sulfuric acid plants on lead smelters, 6-hour running 
average;
    (iii) For sulfuric acid plants on zinc smelters, 2-hour running 
average;
    (iv) For dimethylaniline (DMA) scrubbing units on copper smelters, 
2-hour running average.
    (2) A different averaging period may be established if the applicant 
demonstrates that such a period is necessary in order to account for the 
factors described in paragraph (b) of this section: Provided, that the 
period is enforceable and satisfies the criteria of paragraph (a) of 
this section.
    (d) Improved performance. (1) The performance level representing 
maximum feasible efficiency for any existing control system (e.g., a 
sulfuric acid plant or a DMA scrubber) shall require the correction of 
the effects of any serious deficiencies in the system. For the purpose 
of this paragraph, at least the following problems shall constitute 
serious deficiencies in acid plants:

[[Page 181]]

    (i) Heat exchangers and associated equipment inadequate to sustain 
efficient, autothermal operation at the average gas strengths and 
volumes received by the acid plant during routine process equipment 
operation;
    (ii) Failure to completely fill all available catalyst bed stages 
with sufficient catalyst;
    (iii) Inability of the gas pre-treatment system to prevent unduly 
frequent plugging or fouling (deterioration) of catalyst or other 
components of the acid plant; or
    (iv) Blower capacity inadequate to permit the treatment of the full 
volume of gas which the plant could otherwise accommodate, or in-leakage 
of air into the flues leading to the plant, to the extent that this 
inadequacy results in bypassing of gas around the plant.
    (2) Notwithstanding any contrary provisions of Sec. 57.304(c) 
(malfunction demonstration), no excess emissions (as defined in 
Sec. 57.304(a)) shall be considered to have resulted from a malfunction 
in the constant control system if the smelter owner has not upgraded 
serious deficiencies in the constant control system in compliance with 
the requirements of Sec. 57.302(d)(1), unless the smelter owner 
demonstrates under Sec. 57.304(c) that compliance with those 
requirements would not have affected the magnitude of the emission.
    (e) Multiple control devices. (1) At any smelter where off-gas 
streams are treated by various existing control systems (e.g., multiple 
acid plants or a DMA scrubber and an acid plant), the NSO shall require 
the use of those systems in the combination that will result in the 
maximum feasible net SO2 removal.
    (2) To the extent that compliance with this requirement is 
demonstrated by the smelter operator to result in excess emissions 
during unavoidable start up and shut down of the control systems, those 
excess emissions shall not constitute violations of the NSO.



Sec. 57.303  Total plantwide emission limitation.

    (a) Calculation of the emission limitation. Each NSO shall contain a 
requirement limiting the total allowable emissions from the smelter to 
the level which would have been associated with production at the 
smelter's maximum production capacity (as defined in Sec. 57.103(r)) as 
of August 7, 1977. This limitation shall be expressed in units of mass 
per time and shall be calculated as the sum of uncontrolled process and 
fugitive emissions, and emissions from any control systems (operating at 
the efficiency prescribed under Sec. 57.302). These emission rates may 
be derived from either direct measurements or appropriately documented 
mass balance calculations.
    (b) Compliance with the emission limitation. Each NSO shall require 
the use of specific, enforceable testing methods and measurement periods 
for determining compliance with the limitation established under 
paragraph (a) of this section.



Sec. 57.304  Bypass, excess emissions and malfunctions.

    (a) Definition of excess emissions. For the purposes of this 
subpart, any emissions greater than those permitted by the NSO 
provisions established under Sec. 57.302 (performance level of interim 
constant controls) or Sec. 57.303 (plantwide emission limitation) of 
this subpart shall constitute excess emissions. Emission of any gas 
stream identified under Sec. 57.301 (a), (b), (c), (d) or (e) of this 
subpart that is not treated by a sulfur dioxide constant control system 
shall also constitute an excess emission under this subpart.
    (b) The excess emission report. Each NSO shall require the smelter 
to report all excess emissions to the issuing agency, as provided in 
Sec. 57.305(b). The report shall include the following:
    (1) Identity of the stack or other emission points where the excess 
emissions occurred;
    (2) Magnitude of the excess emissions expressed in the units of each 
applicable emission limitation, as well as the operating data, 
documents, and calculations used in determining the magnitude of the 
excess emissions;
    (3) Time and duration of the excess emissions;
    (4) Identity of the equipment causing the excess emissions;
    (5) Nature and cause of such excess emissions;

[[Page 182]]

    (6) Steps taken to limit the excess emissions, and when those steps 
were commenced;
    (7) If the excess emissions were the result of a malfunction, the 
steps taken to remedy the malfunction and to prevent the recurrence of 
such malfunction; and
    (8) At the smelter owner's election, the demonstration specified in 
paragraph (c) of this section.
    (c) Malfunction demonstration. Except as provided in 
Sec. 57.302(e)(2) or in paragraph (d) or (e) of this section, any excess 
emission shall be a violation of the NSO unless the owner demonstrates 
in the excess emissions report required under paragraph (b) of this 
section that the excess emission resulted from a malfunction (or an 
unavoidable start up and shut down resulting from a malfunction) and 
that:
    (1) The air pollution control systems, process equipment, or 
processes were at all times maintained and operated, to the maximum 
extent practicable, in a manner consistent with good practice for 
minimizing emissions;
    (2) Repairs were made as expeditiously as practicable, including the 
use of off-shift labor and overtime;
    (3) The amount and duration of the excess emissions were minimized 
to the maximum extent practicable during periods of such emissions; and
    (4) The excess emissions were not part of a recurring pattern 
indicative of serious deficiencies in, or inadequate operation, design, 
or maintenance of, the process or control equipment.
    (d) Scheduled maintenance exception. Excess emissions occurring 
during scheduled maintenance shall not constitute violations of the NSO 
to the extent that:
    (1) The expected additional annual sulfur dioxide removal by any 
control system (including associated process changes) for which 
construction had not commenced (as defined in 40 CFR 60.2 (g) and (i)) 
as of August 7, 1977 and which the smelter owner agrees to install and 
operate under subpart F, would have offset such excess emissions if the 
system had been in operation throughout the year in which the 
maintenance was performed;
    (2) The system is installed and operated as provided in the NSO 
provisions established under subpart F; and
    (3) The system performs at substantially the expected efficiency and 
reliability subsequent to its initial break-in period.
    (e) An NSO may provide that excess emissions which occur during acid 
plant start-up as the result of the cooling of acid plant catalyst due 
to the unavailability of process gas to an acid plant during a prolonged 
SCS curtailment or scheduled maintenance are not excess emissions. If 
the NSO does so provide, it shall also require the use of techniques or 
practices designed to minimize these excess emissions, such as the 
sealing of the acid plant during prolonged curtailments, the use of 
auxiliary heat or SO2 injected during the curtailment, or the 
preheating of the acid plant before start-up of the process equipment it 
serves.
    (f) Requirements for a smelter with constant controls that applies 
for a waiver.
    (1) If a smelter that has some interim constant controls applies for 
a waiver in accordance with subpart H, the following requirements shall 
apply pending action on the waiver application and following final 
action granting or approving a waiver:
    (i) The NSO shall require the smelter to implement maintenance and 
operation measures designed to reduce to the maximum extent feasible the 
potential for bypass of existing interim constant controls.
    (ii) Upon application for a waiver under subpart H, the smelter 
shall submit to the issuing agency for its approval and to EPA proposed 
maintenance and operation measures for compliance with the requirements 
of paragraph (i).
    (iii) The remainder of this subpart shall apply except that: (A) The 
emission limitations required under this subpart shall be based only on 
existing constant control equipment as upgraded through the improved 
maintenance and operation required by this paragraph, and (B) bypass of 
existing controls shall not constitute excess emissions, provided the 
maintenance

[[Page 183]]

and operation requirements and emission limitations prescribed by the 
NSO are satisfied.
    (2) After any denial of a waiver by the issuing Agency, or any 
disapproval by EPA of a waiver granted by the issuing agency, the NSO 
shall be amended consistent with the requirements of this subpart and 
Sec. 57.702.



Sec. 57.305  Compliance monitoring and reporting.

    (a) Monitoring. (1) Each NSO shall require compliance with the 
control system performance requirements established pursuant to this 
subpart to be determined through the use of continuous monitors for 
measuring SO2 concentration.
    (i) Such monitors must be installed, operated and maintained in 
accordance with the performance specifications and other requirements 
contained in appendix D to 40 CFR part 52 or part 60. The monitors must 
take and record at least one measurement of SO2 concentration 
from the effluent of each control system in each 15-minute period. 
Failure of the monitors to record at least 95% of the 15-minute periods 
in any 30-day period shall constitute a violation of the NSO.
    (ii) The sampling point shall be located at least 8 stack diameters 
(diameter measured at sampling point) downstream and 2 diameters 
upstream from any flow disturbance such as a bend, expansion, 
constriction, or flame, unless another location is approved by the 
Administrator.
    (iii) The sampling point for monitoring emissions shall be in the 
duct at the centroid of the cross section if the cross sectional area is 
less than 4.645m\2\ (50 ft\2\) or at a point no closer to the wall than 
0.914m (3 ft) if the cross sectional area is 4.645m\2\ (50 ft\2\) or 
more. The monitor sample point shall be in an area of small spatial 
concentration gradient and shall be representative of the concentration 
in the duct.
    (iv) The measurement system(s) installed and used pursuant to this 
paragraph shall be subject to the manufacturer's recommended zero 
adjustment and calibration procedures at least once per 24-hour 
operating period unless the manufacturer specifies or recommends 
calibration at shorter intervals, in which case such specifications or 
recommendations shall be followed. Records of these procedures shall be 
made which clearly show instrument readings before and after zero 
adjustment and calibration.
    (2) Each NSO shall require the monitoring of any ducts or flues used 
to bypass gases, required under this subpart to be treated by constant 
controls, around the smelter's sulfur dioxide constant control system(s) 
for ultimate discharge to the atmosphere. Such monitoring shall be 
adequate to disclose the time of the bypass, its duration, and the 
approximate volume and SO2 concentration of gas bypassed.
    (b) Reporting. (1) Each NSO shall require that the smelter maintain 
a record of all measurements required under paragraph (a) of this 
section. Results shall be summarized monthly and shall be submitted to 
the issuing agency within 15 days after the end of each month. The 
smelter owner shall retain a record of such measurements for one year 
after the NSO period terminates.
    (2) Each NSO shall require that the smelter maintain a record of all 
measurements and calculations required under Sec. 57.303(b). Results 
shall be summarized on a monthly basis and shall be submitted to the 
issuing agency at 6-month intervals. The smelter owner shall retain a 
record of such measurements and calculations for at least one year after 
the NSO terminates.
    (3) The report required under Sec. 57.304(b) shall accompany the 
report required under paragraph (b)(1) of this section.
    (c) Quality assurance and continuous data--(1) Quality assurance. 
Each NSO shall require that the smelter submit a plan for quality 
assurance to the issuing agency for approval and that all monitoring 
performed by continuous monitors shall be verified for quality assurance 
by the smelter. Such plans must follow current EPA guidelines for 
quality assurance, in order to be approvable.
    (2) Continuous data. Manual source testing methods equivalent to 40 
CFR part 60, appendix A shall be used to determine compliance if the 
continuous monitoring system malfunctions.

[[Page 184]]



           Subpart D_Supplementary Control System Requirements



Sec. 57.401  General requirements.

    Except as provided in subpart E, each NSO shall require the smelter 
owner to prevent all violations of the NAAQS in the smelter's designated 
liability area (DLA) through the operation of an approved supplementary 
control system (SCS).



Sec. 57.402  Elements of the supplementary control system.

    Each supplementary control system shall contain the following 
elements:
    (a) Air quality monitoring network. An approvable SCS shall include 
the use of appropriate ambient air quality monitors to continuously 
measure the concentration of sulfur dioxide in the air in the smelter's 
DLA.
    (1) The monitors shall be located at all points of expected 
SO2 concentrations necessary to anticipate and prevent 
possible violations of NAAQS anywhere in the smelter's DLA. The 
determination of the locations where such concentrations may occur shall 
take into account all recorded or probable meteorological and operating 
conditions (including bypassing of control equipment), as well as the 
presence of other sources of SO2 significantly affecting 
SO2 concentrations in the DLA.
    (2) The number and location of sites shall be based on dispersion 
modeling, measured ambient air quality data, meteorological information, 
and the results of the continuing review required by paragraph (f) of 
this section. The system shall include the use of at least 7 fixed 
monitors unless the issuing agency determines, on the basis of a 
demonstration by the smelter owner, that the use of fewer monitors would 
not limit coverage of points of high SO2 concentration or 
otherwise reduce the capability of the smelter owner to prevent any 
violations of the NAAQS in the smelter's DLA.
    (3) All monitors shall be continuously operated and maintained and 
shall meet the performance specifications contained in 40 CFR part 53. 
The monitors shall be capable of routine real time measurement of 
maximum expected SO2 concentrations for the averaging times 
of SO2 NAAQS.
    (b) Meteorological network. The SCS must have a meteorological 
assessment capability adequate to predict and identify local conditions 
requiring emission curtailment to prevent possible violations of the 
NAAQS. The meteorological assessment capability shall provide all 
forecast and current information necessary for successful use of the SCS 
operational manual required by paragraph (e) of this section.
    (c) Designated liability area. The system shall be required to 
prevent all violations of the NAAQS within the smelter's DLA. The DLA of 
any smelter is the area within which the smelter's emissions may cause 
or significantly contribute to violations of the NAAQS for 
SO2 when the smelter is operating at its maximum production 
capacity under any recorded or probable meterological conditions. The 
boundaries of that area shall be specified in the NSO.
    (1) Unless an acceptable demonstration is made under paragraph 
(c)(2) of this section, the DLA shall be a circle with a center point at 
the smelter's tallest stack and a minimum radius as given in the 
following table:

       Radius for SO2 Emissions at Maximum Production Capacity \1\
------------------------------------------------------------------------
                                         Emission rate in      Radius in
   Emissions rate in tons per hour        grains per sec.     kilometers
------------------------------------------------------------------------
16 or less..........................  4,000 or less.........         11
24..................................  6,000.................         16
32..................................  8,000.................         24
40..................................  10,000................         32
48 or more..........................  12,000 or more........         40
------------------------------------------------------------------------
\1\ Maximum emission rates for periods not to exceed 24 hours. Minimum
  radii may be determined from the table by linear interpolation.

    (2) The NSO may provide for a DLA with different boundaries if the 
smelter owner can demonstrate through the use of appropriate dispersion 
modeling and ambient air quality monitoring data that the smelter's 
controlled emissions could not cause or significantly contribute to a 
violation of the NAAQS beyond the boundaries of such a different area 
under any recorded or probable meteorological conditions.
    (3) A violation of the NAAQS in the DLA of any smelter shall 
constitute a violation of that smelter's NSO, unless the issuing agency 
determines on the basis of a showing by the smelter

[[Page 185]]

owner that the smelter owner had taken all emission curtailment action 
indicated by the SCS operational manual and that the violation was 
caused in significant part by:
    (i) Emissions of another source(s) which were in excess of the 
maximum permissible emissions applicable to such source(s),
    (ii) Fugitive emissions of another source(s), or
    (iii) The smelter's own fugitive emissions: Provided, that the 
smelter is in compliance with all requirements of or under subpart E of 
this part.
    (4) For the purposes of this section, maximum permissible emissions 
for other sources are the highest of:
    (i) SIP emission limitation;
    (ii) Orders in effect under section 113(d) of the Clean Air Act; or
    (d) Overlapping designated liability areas. Notwithstanding any 
other provisions of this subpart, the following requirements shall apply 
whenever the designated liability areas of 2 or more smelters do, or 
may, overlap:
    (1) In the case of any NSO applicant that would have a DLA which 
would overlap with the DLA of any other smelter that has applied for an 
NSO or has an NSO in effect, the NSO applicant shall include in its 
application an enforceable joint plan, agreed to by such other 
smelter(s). In determining whether a joint plan is required, the NSO 
applicant shall calculate its DLA according to the table in paragraph 
(c)(1) of this section. The DLA of the other smelter shall be calculated 
according to the table in paragraph (c)(1) unless the other smelter has 
an NSO in effect, in which case the boundaries in that NSO shall be 
used. The enforceable joint plan shall provide for:
    (i) Emission curtailment adequate to ensure that the NAAQS will not 
be violated in any areas of overlapping DLAs; and
    (ii) Conclusive prospective allocation of legal liability in the 
event that the NAAQS are violated in the area of overlapping DLAs.

Such plans may, but need not, include the operation of a joint SCS 
system. Each NSO shall require adherence by the NSO applicant owner to 
the joint plan for emission curtailment and allocation of liability, 
unless the issuing agency determines, pursuant to the provisions of 
paragraph (c)(2) of this section, that the NSO applicant's DLA does not 
overlap with that of any other smelter.
    (2) In the case of any NSO applicant that would have a DLA which 
would overlap with the DLA of any other smelter whose owner has not 
applied for an NSO (and does not have an NSO in effect), the NSO 
applicant's submittal shall contain a written consent, signed by a 
corporate official empowered to do so. The consent shall state that if, 
at any time thereafter, the owner of the other smelter applies for an 
NSO, and the other smelter's DLA would overlap with the NSO applicant's 
DLA, the NSO applicant will negotiate and submit an enforceable joint 
plan for emission curtailment and allocation of liability (as described 
in paragraph (d)(1) of this section). In determining whether it is 
necessary to submit such a consent, each smelter's DLA shall be 
calculated according to the table set forth in paragraph (c)(1) of this 
section. The consent shall state that a joint plan shall be submitted 
within 90 days of the issuing agency's notification to the NSO applicant 
of receipt of the other smelter's letter of intent, unless the issuing 
agency determines that the DLAs do not overlap. Failure of the NSO 
applicant to submit such a plan shall constitute grounds for denial of 
its NSO application or a violation of an effective NSO, as applicable.
    (e) The SCS operational manual. Each NSO shall require the smelter 
to be operated in accordance with the provisions of an SCS operational 
manual approved by the issuing agency. The SCS operational manual shall 
describe the circumstances under which, the extent to which, and the 
procedures through which emissions shall be curtailed to prevent 
violations of the NAAQS in the smelter's DLA. Failure to curtail 
emissions when and as much as indicated by the manual or to follow the 
provisions of the manual implementing the requirements of paragraph 
(e)(3) of this section shall constitute a violation of the NSO.
    (1) The operational manual shall prescribe emission curtailment 
decisions

[[Page 186]]

based on the use of real time information from the air quality 
monitoring network dispersion model estimates of the effect of emissions 
on air quality, and meteorological observations and predictions.
    (2) The operational manual shall also provide for emission 
curtailment to prevent violation of the NAAQS within the smelter's DLA 
which may be caused in part by stack emissions, and to the extent 
practicable fugitive emissions, from any other source (unless that other 
source is a smelter subject to an NSO).
    (3) The SCS operational manual shall include (but not be limited 
to):
    (i) A clear delineation of the authority of the SCS operator to 
require all other smelter personnel to implement the operator's 
curtailment decisions;
    (ii) The maintenance and calibration procedures and schedules for 
all SCS equipment;
    (iii) A description of the procedures to be followed for the regular 
acquisition of all meteorological information necessary to operate the 
system;
    (iv) The ambient concentrations and meteorological conditions that 
will be used as criteria for determining the need for various degrees of 
emission curtailment;
    (v) The meteorological variables as to which judgments may be made 
in applying the criteria stated pursuant to paragraph (e)(3)(iv) of this 
section;
    (vi) The procedures through which and the maximum time period within 
which a curtailment decision will be made and implemented by the SCS 
operator;
    (vii) The method for immediately evaluating the adequacy of a 
particular curtailment decision, including the factors to be considered 
in that evaluation;
    (viii) The procedures through which and the time within which 
additional necessary curtailment will immediately be effected; and
    (ix) The procedures to be followed to protect the NAAQS in the event 
of a mechanical failure in any element of the SCS.
    (f) Continuing review and improvement of the SCS. Each NSO shall 
require the smelter owner to conduct an active program to continuously 
review the design and operation of the SCS to determine what measures 
may be available for improving the performance of the system. Among the 
elements of this program shall be measures to locate and examine 
possible places both inside and outside the DLA where unmonitored NAAQS 
violations may be occurring. Such measures shall include the use of 
modeling as appropriate and mobile ambient air quality monitors, 
following up on information and complaints from members of the public, 
and other appropriate activities. The NSO shall also require the 
submission of a semi-annual report to the issuing agency detailing the 
results of this review and specifying measures implemented to prevent 
the recurrence of any violations of NAAQS.



Sec. 57.403  Written consent.

    (a) The consent. The NSO shall include a written consent, signed by 
a corporate official empowered to do so, in the following form:

    As a condition of receiving a Primary Nonferrous Smelter Order (NSO) 
under Section 119 of the Clean Air Act, for the smelter operated by 
(name of company) at (location), the undersigned official, being 
empowered to do so, consents for the company as follows:
    (1) In any civil proceeding (judicial or administrative) to enforce 
the NSO, the company will not contest:
    (a) Liability for any violation of the National Ambient Air Quality 
Standards for sulfur dioxide in the smelter's designated liability area 
(DLA), except on the ground that a determination under 40 CFR 
57.402(c)(3) was clearly wrong; or
    (b) The conclusive allocation of liability under NSO provisions 
satisfying 40 CFR 57.402(d)(1) between the company's smelter and any 
other smelter(s) for any violation of the National Ambient Air Quality 
Standards for sulfur dioxide in an area of overlapping DLAs.
    (2) The issuing agency (as defined in 40 CFR 57.103) will be allowed 
unrestricted access at reasonable times to inspect, verify calibration 
of, and obtain data from ambient air quality monitors operated by the 
company under the requirements of the NSO.

    (b) Rights not waived by the consent. This consent shall not be 
deemed to waive any right(s) to judicial review of any provisions of an 
NSO that are otherwise available to the smelter owner or operator under 
section 307(b) of the Clean Air Act.

[[Page 187]]



Sec. 57.404  Measurements, records, and reports.

    (a) Measurements. Each NSO shall require the smelter owner to 
install, operate, and maintain a measurement system(s) for continuously 
monitoring sulfur dioxide emissions and stack gas volumetric flow rates 
in each stack (except a stack used exclusively for bypassing control 
equipment) which could emit 5 percent or more of the smelter's total 
potential (uncontrolled) hourly sulfur dioxide emissions.
    (1) Such monitors shall be installed, operated, and maintained in 
accordance with the performance specifications and other requirements 
contained in appendices D and E to 40 CFR part 52. The monitors must 
take and record at least one measurement of sulfur dioxide concentration 
and stack gas flow rate from the effluent of each affected stack in each 
fifteen-minute period. (The NSO shall require the smelter operator to 
devise and implement any procedures necessary for compliance with these 
performance specifications.)
    (2) The sampling point shall be located at least eight stack 
diameters (diameter measured at sampling point) downstream and two 
diameters upstream from any flow disturbance such as a bend, expansion, 
constriction, or flame, unless another location is approved by the 
Administrator.
    (3) The sampling point for monitoring emissions shall be in the duct 
at the centroid of the cross section if the cross sectional area is less 
than 4.645 m\2\ (50 ft \2\) or at a point no closer to the wall than 
0.914m (3 ft) if the cross sectional area is 4.645 m\2\ (50 ft\2\) or 
more. The monitor sample point shall be in an area of small spatial 
concentration gradient and shall provide a sample which is 
representative of the concentration in the duct.
    (4) The measurement system(s) installed and used pursuant to this 
paragraph shall be subject to the manufacturer's recommended zero 
adjustment and calibration procedures at least once per 24-hour 
operating period unless the manufacturer specifies or recommends 
calibration at shorter intervals, in which case such specifications or 
recommendations shall be followed. Records of these procedures shall be 
made which clearly show instrument readings before and after zero 
adjustment and calibration.
    (5) The results of such monitoring, calibration, and maintenance 
shall be submitted in the form and with the frequency specified in the 
NSO.
    (b) Records. Each NSO shall require the smelter owner to maintain 
records of the air quality measurements made, meteorological information 
acquired, emission curtailment ordered (including the identity of the 
persons making such decisions), and calibration and maintenance 
performed on SCS monitors during the operation of the SCS. These records 
shall be maintained for the duration of the NSO.
    (c) Reports. Each NSO shall require the smelter owner to:
    (1) Submit a monthly summary indicating all places and times at 
which the NAAQS for SO2 were violated in the smelter's DLA, 
and stating the SO2 concentrations at such times;
    (2) Immediately notify EPA and the State agency any time 
concentrations of SO2 in the ambient air in the smelter's DLA 
reaches 0.3 part per million (800 micrograms/cubic meter), 24-hour 
average, or exceed the warning stage in any more stringent emergency 
plan in the applicable State Implementation Plan; and
    (3) Make such other reports as may be specified in the NSO.



Sec. 57.405  Formulation, approval, and implementation of requirements.

    (a) SCS content of the application. The requirements of 
Sec. 57.203(d) shall be satisfied with respect to this subpart as 
follows:
    (1) Each NSO application shall include a complete description of any 
supplementary control system in operation at the smelter at the time of 
application and a copy of any SCS operational manual in use with that 
system.
    (2) Each NSO application shall contain proposed NSO provisions for 
compliance with the requirements of Secs. 57.401, 57.402 (c), (d), and 
(f), 57.403, 57.404, and 57.405 (b)(2).
    (3) Each NSO application shall include a specific plan for the 
development of a system fulfilling the requirements of Sec. 57.402(a), 
(b), and (e) (covering air quality monitoring network,

[[Page 188]]

meteorological network, and the SCS operational manual).
    (b) SCS content of the order. (1) Each NSO shall include an approved 
version of the plan described in paragraph (a)(3) of this section and 
shall provide increments of progress towards its completion. Each NSO 
shall require, upon completion of the measures specified in the approved 
plan, submission of a report which describes each element of the SCS and 
explains why the elements satisfy the requirements of the plan and 
submission of a copy of the SCS operational manual developed under the 
plan.
    (2) Each NSO shall require the submission of a final report, within 
6 months of the required date for completion of the measures specified 
in the approved plan evaluating the performance and adequacy of the SCS 
developed pursuant to the approved plan. The report shall include:
    (i) A detailed description of how the criteria that form the basis 
for particular curtailment decisions were derived;
    (ii) A complete description of each SCS element listed in 
Sec. 57.402 (a) through (d) (covering monitoring, meteorology, and the 
DLA), and an explanation of why the elements fulfill the requirements of 
those sections;
    (iii) A reliability study demonstrating that the SCS will prevent 
violations of the NAAQS in the smelter's DLA at all times. The 
reliability study shall include a comprehensive analysis of the system's 
operation during one or more three-month seasonal periods when 
meteorological conditions creating the most serious risk of NAAQS 
violations are likely to occur. Where it is impossible, because of time 
restraints, to include in such a study and analysis of the three month 
seasonal period with meteorological conditions creating the most serious 
risk of NAAQS violations, the study shall analyze the system's operation 
on the basis of all available information. The NSO shall provide that in 
such case, a supplemental reliability study shall be submitted after the 
end of the worst case three-month period as a part of the next semi-
annual report required under Sec. 57.402(f).
    (iv) A copy of the current SCS operational manual.
    (c) Amendment of the NSO. Each NSO shall be amended, if necessary, 
within 3 months of completion of the measures required under the SCS 
development plan and also, if necessary, within three months of 
submission of the final report or any supplement to the final report 
required under paragraph (b)(2) of this section, to reflect the most 
current approved elements of the SCS and, as appropriate, to fulfill all 
other requirements of this subpart. Each NSO shall also be subsequently 
amended (as provided in Sec. 57.104) whenever necessary as a result of 
the program required by Sec. 57.402(f) or to reflect improved SCS 
operating procedures or other system requirements.



           Subpart E_Fugitive Emission Evaluation and Control



Sec. 57.501  General requirements.

    (a) Each NSO shall require the smelter owner to use such control 
measures as may be necessary to ensure that the smelter's fugitive 
emissions do not result in violations of the NAAQS for SO2 in 
the smelter's DLA.
    (b) A smelter which is operating under an NSO containing a SIP 
compliance schedule established in accordance with Sec. 57.705 is 
required to be making progress toward compliance with any fugitive 
control requirements contained in its respective SIP and need not meet 
the other requirements contained in this subpart.
    (c) A smelter which is subject to an NSO which does not contain a 
SIP compliance schedule must meet the provisions of Secs. 57.502 and 
57.503.



Sec. 57.502  Evaluation.

    (a) Evaluation at the time of application. Any smelter owner may 
demonstrate at the time of application for an NSO that the smelter's 
SO2 fugitive emissions will not cause or significant 
contribute to violations of the NAAQS in the smelter's DLA. If such 
demonstration is not made, the smelter owner shall submit the design and 
workplan for a study adequate to assess the sources of significant 
fugitive emissions from the smelter and their effects upon ambient air 
quality.

[[Page 189]]

    (b) Evaluation during the first 6 months of the NSO. The design and 
workplan of the study shall be approved, if adequate, by the issuing 
agency and included in the NSO. The study shall commence no later than 
the date when the NSO becomes effective and an analysis of its results 
shall be submitted to the issuing agency within 6 months of the 
effective date of the NSO. The study shall include an appropriate period 
during which the ambient air shall be monitored to determine the impact 
of fugitive emissions of sulfur dioxide, arsenic (at copper smelters 
only), lead (at lead and zinc smelters only), and total suspended 
particulates on the ambient air quality in the smelter's DLA.



Sec. 57.503  Control measures.

    The NSO of any smelter subject to the requirements of Sec. 57.502(b) 
shall be amended, if necessary, within 6 months of EPA's receipt of the 
analysis specified in Sec. 57.502(b), as provided in Sec. 57.704(c) to 
implement the requirement of Sec. 57.501. Measures required to be 
implemented may include:
    (a) Additional supplementary control. The use of the supplementary 
control system, if the additional use of the system does not interfere 
with the smelter owner's ability to meet the requirements of subpart D; 
and
    (b) Engineering and maintenance techniques. The use of engineering 
and maintenance techniques to detect and prevent leaks and capture and 
vent fugitive emissions through appropriate stacks. These techniques 
include but are not limited to:
    (1) For reactors, installation and proper operation of primary 
hoods;
    (2) For roasters, installation and proper operation of primary hoods 
on all hot calcine transfer points;
    (3) For furnaces, installation and proper operation of primary hoods 
on all active matte tap holes, matte launders, slag skim bays, and 
transfer points;
    (4) For converters, installation and proper operation of primary 
hoods for blowing operations, and where appropriate, secondary hoods for 
charging and pouring operations;
    (5) For sintering machines, installation and proper operation of 
primary hoods on the sinter bed, all hot sinter ignition points, all 
concentrate laydown points, and all hot sinter transfer points;
    (6) For blast furnaces, installation and proper operation of primary 
hoods on all active slag and lead bullion furnace tap holes and transfer 
points;
    (7) For dross reverberatory furnaces, installation and proper 
operation of primary hoods on all active charging and discharging 
points;
    (8) Maintenance of all ducts, flues and stacks in a leak-free 
condition to the maximum extent possible;
    (9) Maintenance of all process equipment under normal operating 
conditions in such a fashion that out-leakage of fugitive gases will be 
prevented to the maximum extent possible;
    (10) Secondary or tertiary hooding on process equipment where 
necessary; and
    (11) Partial or complete building evacuation as appropriate.



Sec. 57.504  Continuing evaluation of fugitive emission control measures.

    Each NSO shall require the smelter owner to conduct an active 
program to continuously review the effectiveness of the fugitive 
emission control measures implemented pursuant to Sec. 57.503 in 
maintaining the NAAQS and, if such measures are not sufficiently 
effective, to evaluate what additional measures should be taken to 
assure that the NAAQS will be maintained with a reasonably degree of 
reliability. The NSO shall also require submission of a semi-annual 
report to the issuing Agency detailing the results of this review and 
evaluation. Such a report may be submitted as part of the report 
required under Sec. 57.402(f).



Sec. 57.505  Amendments of the NSO.

    An NSO shall be amended within three months of submission of any 
report required under Sec. 57.504 so as to require additional fugitive 
emission control measures if such report establishes that such 
additional measures are necessary to assure that the NAAQS will be 
maintained with a reasonable degree of reliability.

[[Page 190]]



             Subpart F_Research and Development Requirements



Sec. 57.601  General requirements.

    (a) This subpart is not applicable to NSOs which contain a SIP 
compliance schedule in accordance with Sec. 57.705.
    (b) The requirements of this subpart may be waived with respect to a 
smelter if the owner of that smelter submits with its NSO application a 
written certification by a corporate official authorized to make such a 
certification that the smelter will either comply with its 
SO2 SIP limits by January 2, 1988 or close after January 1, 
1988 until it can comply with such limits.
    (c) Except as provided in paragraphs (a) and (b), each NSO shall 
require the smelter to conduct or participate in a specific research and 
development program designed to develop more effective means of 
compliance with the sulfur dioxide control requirements of the 
applicable State Implementation Plan than presently exist.



Sec. 57.602  Approval of proposal.

    (a) The smelter owner's proposal. The smelter owner's NSO 
application shall include a proposed NSO provision for implementing the 
requirement of Sec. 57.601, a fully documented supporting analysis of 
the proposed program, and an evaluation of the consistency of the 
proposed program with the criteria listed in Sec. 57.603. The 
application shall also specify:
    (1) The design and substantive elements of the research and 
development program, including the expected amount of time required for 
their implementation;
    (2) The annual expected capital, operating, and other costs of each 
element in the program;
    (3) The smelter's current production processes, pollution control 
equipment, and emissions which are likely to be affected by the program;
    (4) Potential or expected benefits of the program;
    (5) The basis upon which the results of the program will be 
evaluated; and
    (6) The names, positions, and qualifications of the individuals 
responsible for conducting and supervising the project.
    (b) EPA approval. (1) If the issuing agency will not be EPA, the 
smelter owner or the issuing agency may also submit to EPA the 
information specified in paragraph (a) of this section at the same time 
the information is submitted to the issuing agency. As soon as possible 
after the receipt of the information described in paragraph (a) of this 
section, EPA shall certify to the issuing agency and to the applicant 
whether or not in the judgment of the Administrator the smelter owner's 
final proposals are approvable. If EPA does not receive an advance copy 
of the proposal, the ultimate approval will occur when the NSO is 
approved rather than in advance of receipt of the NSO.
    (2) A prerequisite for approval of an R&D proposal by EPA and any 
issuing agency is that the planned work must yield the most cost 
effective technology possible.
    (c) Optional preproposal. The smelter owner may, at its option, 
submit to EPA for its approval and comment a preproposal generally 
describing the project the owner intends to propose under paragraph (a) 
of this section. A preproposal may be submitted to EPA any time prior to 
the submission of a proposal under paragraph (a) of this section. As 
soon as possible after the receipt of a preproposal, EPA shall certify 
to the applicant (and to any other issuing agency, as applicable) 
whether or not the project would be approvable. This certification may 
include comments indicating necessary modifications which would make the 
project approvable.



Sec. 57.603  Criteria for approval.

    The approvability of any proposed research and development program 
shall be judged primarily according to the following criteria:
    (a) The likelihood that the project will result in the use of more 
effective means of emission limitation by the smelter within a 
reasonable period of time and that the technology can be implemented at 
the smelter in question, should the smelter be placed on a SIP 
compliance schedule at some future date when adequately demonstrated 
technology is reasonably available;

[[Page 191]]

    (b) Whether the proposed funding and staffing of the project appear 
adequate for its successful completion;
    (c) Whether the proposed level of funding for the project is 
consistent with the research and development expenditure levels for 
pollution control found in other industries;
    (d) The potential that the project may yield industrywide pollution 
control benefits;
    (e) Whether the project may also improve control of other pollutants 
of both occupational and environmental significance;
    (f) The potential effects of the project on energy conservation; and
    (g) Other non-air quality health and environmental considerations.



Sec. 57.604  Evaluation of projects.

    The research and development proposal shall include a provision for 
the employment of a qualified independent engineering firm to prepare 
written reports at least annually which evaluate each completed 
significant stage of the research and development program, including all 
relevant information and data generated by the program. All reports 
required by this paragraph shall be submitted to EPA and also to the 
issuing agency if it is not EPA.



Sec. 57.605  Consent.

    Each NSO shall incorporate by reference a binding written consent, 
signed by a corporate official empowered to do so, requiring the smelter 
owner to:
    (a) Carry out the approved research and development program;
    (b) Grant each issuing agency and EPA and their contractors access 
to any information or data employed or generated in the research and 
development program, including any process, emissions, or financial 
records which such agency determines are needed to evaluate the 
technical or economic merits of the program;
    (c) Grant physical access to representatives and contractors of each 
issuing agency to each facility at which such research is conducted;
    (d) Grant the representatives and contractors of EPA and the issuing 
agency reasonable access to the persons conducting the program on behalf 
of the smelter owner for discussions of progress, interpretation of data 
and results, and any other similar purposes as deemed necessary by EPA 
or any issuing agency.



Sec. 57.606  Confidentiality.

    The provisions of section 114 of the Act and 40 CFR part 2 shall 
govern the confidentiality of any data or information provided to EPA 
under this subpart.



               Subpart G_Compliance Schedule Requirements



Sec. 57.701  General requirements.

    This section applies to all smelters applying for an NSO. Each NSO 
shall require the smelter owner to meet all of the requirements within 
the NSO as expeditiously as practicable but in no case later than the 
deadlines contained in this subpart or any other section of these 
regulations. For requirements not immediately effective, the NSO shall 
provide increments of progress and a schedule for compliance. Each 
schedule must reflect the extent to which any required equipment or 
systems are already in place and the extent to which any required 
reports or studies have already been completed. Requirements for 
smelters to submit compliance schedules and the procedures which they 
must follow are outlined below.



Sec. 57.702  Compliance with constant control emission limitation.

    (a) This section applies to all smelters which receive an NSO, but 
only to the extent this section is compatible with any SIP compliance 
schedule required by Secs. 57.201(d)(2) and 57.705.
    (b) Any NSO issued to a smelter not required to immediately comply 
with the requirements of subpart G under Sec. 57.701 shall contain a 
schedule for compliance with those requirements as expeditiously as 
practicable but in no case later than 6 months from the effective date 
of the NSO, except as follows: Where a waiver is requested in accordance 
with subpart H, an NSO may be issued without a schedule for compliance 
with the requirements for which a waiver is being considered consistent 
with subpart H, pending a final

[[Page 192]]

decision on the request under subpart H. If a waiver is requested in 
accordance with subpart H, compliance with the requirements of subpart C 
which were deferred as a result of such request shall be achieved as 
expeditiously as practicable after, but in no case later than 6 months 
from a final decision by the issuing agency to deny a waiver under 
subpart H or disapproval by EPA of a waiver granted by the issuing 
agency. The time limits specified herein may be extended only if a 
smelter operator demonstrates that special circumstances warrant more 
time, in which case the compliance schedule shall require compliance as 
expeditiously as practicable. An NSO which does not contain a schedule 
for compliance with all the requirements of subpart C because a waiver 
has been requested in accordance with subpart H shall be amended in 
accordance with Sec. 57.104 within three months after a final decision 
under subpart H so as to either grant a waiver of any remaining 
requirements of subpart C, or deny such a waiver and place the smelter 
on a compliance schedule for meeting those requirements. If the issuing 
agency grants a waiver and such waiver is disapproved by EPA, the 
issuing agency shall promptly amend the NSO so as to place the smelter 
on a compliance schedule meeting any remaining requirements of subpart 
C.
    (c) Any schedule required under this section shall contain the 
following information and increments of progress to the extent 
applicable:
    (1) Description of the overall design of the SO2 control 
system(s) to be installed;
    (2) Descriptions of specific process hardware to be used in 
achieving compliance with interim SO2 constant controls 
including gas capacity values;
    (3) The date by which contracts will be let or purchase orders 
issued to accomplish any necessary performance improvements;
    (4) The date for initiating on-site construction or installation of 
necessary equipment;
    (5) The date by which on-site construction or installation of 
equipment is to be completed; and
    (6) The date for achievement of final compliance with interim 
emission limitations.



Sec. 57.703  Compliance with the supplementary control system
requirements.

    This section applies to all nonferrous smelters applying for an NSO.
    (a) Schedules for smelters with existing SCS. Each NSO shall require 
immediately upon issuance of the NSO operation of any existing 
supplementary control system and immediately upon the effective date of 
the NSO the assumption of liability for all violations of the NAAQS 
detected by any monitor in the SCS system. Each NSO shall require that 
within six months of the effective date of the NSO the smelter complete 
any measures specified in the smelter's approved SCS development plan 
not implemented at the time the NSO is issued, and assume liability for 
all violations of the NAAQS detected anywhere in the DLA (except as 
provided in subpart D of these regulations). Other requirements of 
subpart D such as the requirements for submission of reports records, 
and for ongoing evaluation of the SCS shall be complied with at the 
times specified in subpart D and Sec. 57.701.
    (b) Compliance schedule for smelters with no existing SCS system. 
Where a smelter has no SCS at the time of issuance of the NSO, the NSO 
shall require compliance with the requirements of subpart D according to 
the following schedule:
    (1) Within six months after the effective date of the NSO the 
smelter shall install all operating elements of the SCS system, begin 
operating the system, complete all other measures specified in its 
approved SCS development plan, begin compliance with the requirements of 
Sec. 57.404, and assume liability for any violations of the NAAQS within 
its designated liability area (except as provided by subpart D), 
detected by the SCS monitors in place.
    (2) Within nine months thereafter the smelter shall submit the SCS 
Report, assume liability for all violations of the NAAQS detected 
anywhere within its designated liability area, and comply with all other 
requirements of subpart D, except for those which subpart

[[Page 193]]

D specifies are to be satisfied at or after the close of such nine-month 
period, including requirements for submission of studies, reports, and 
records, and the requirements for continued review and evaluation of the 
SCS.



Sec. 57.704  Compliance with fugitive emission evaluation and control
requirements.

    This section applies only to smelters not required to submit SIP 
Compliance Schedules under Sec. 57.705. Each NSO shall require that 
smelters satisfy each of the requirements of subpart E as expeditiously 
as practicable, taking into account the extent to which those 
requirements have already been satisfied, and in any event, within any 
deadlines specified below.
    (a) Plan for fugitive emission control. The NSO shall provide that 
within a reasonable period after the submission of the report on the 
fugitive emission control study required by Sec. 57.502, but within a 
period allowing sufficient time for compliance with the requirement of 
Sec. 57.503 for amendment of the NSO, the smelter owner shall submit to 
the issuing agency for its approval a proposed fugitive emission control 
plan, including increments of progress, for compliance with the 
requirements of Secs. 57.501 and 57.503.
    (b) SCS Report. If the fugitive emission control plan submitted 
under paragraph (a) of this section proposes to meet the requirements of 
Secs. 57.501 and 57.503 through the additional use of a supplementary 
control system, the plan shall demonstrate that the use of supplementary 
controls at that smelter to prevent violations of the NAAQS resulting 
from fugitive emissions is practicable, adequate, reliable, and 
enforceable. The plan shall contain increments of progress providing for 
completion of the implementation of each additional measure, and for 
corresponding compliance with the requirements of paragraphs (b) and (c) 
of Sec. 57.404, within four months of approval of the plan by the 
issuing agency. The plan shall also provide that within three months 
after completion of implementation of those additional measures, the 
smelter shall fully comply with the requirements of Secs. 57.401 and 
57.501 (including the assumption of liability for violations of NAAQS 
within its designated liability area), and shall submit and additional 
SCS report for the approval of the issuing agency. This additional final 
report shall correspond to that submitted under Sec. 57.405(b)(2), 
except that it need not contain the 3-month study described in 
Sec. 57.405(b)(2)(iii).
    (c) NSO amendment. The amendments of the NSO required under 
Sec. 57.503 shall be affected by the issuing agency as follows:
    (1) With respect to the additional use of SCS, upon approval or 
promulgation of the plan submitted under paragraph (a) of this section 
and upon approval or promulgation of the requirements for the system 
described in the additional SCS Report under paragraph (b) of this 
section;
    (2) With respect to the additional use of engineering techniques, 
upon approval or promulgation of the compliance schedule required by 
paragraph (a) of this section.



Sec. 57.705  Contents of SIP Compliance Schedule required by
Sec. 57.201(d) (2) and (3).

    This section applies to smelters which are required to submit a SIP 
Compliance Schedule as discussed below.
    (a) Each SIP Compliance Schedule required by Sec. 57.201(d) (2) and 
(3) must contain the following elements:
    (1) Description of the overall design of the SO2 control 
system(s) to be installed;
    (2) Descriptions of specific process hardware to be used in 
achieving compliance with the SIP emission limitation including gas 
capacity values;
    (3) The date by which contracts will be let or purchase orders 
issued to accomplish any necessary performance improvements;
    (4) The date for initiating on-site construction or installation of 
necessary equipment;
    (5) The date by which on-site construction or installation of 
equipment is to be completed;
    (6) The date for achievement of final compliance with SIP emission 
limitations; and

[[Page 194]]

    (7) Any other measures necessary to assure compliance with all SIP 
requirements as expeditiously as practicable.
    (b) Operations of SCS. Smelters to which Sec. 57.705 is applicable 
must comply with all elements of Sec. 57.703.



 Subpart H_Waiver of Interim Requirement for Use of Continuous Emission 
                          Reduction Technology



Sec. 57.801  Purpose and scope.

    (a) This subpart shall govern all proceedings for the waiver of the 
interim requirement that each NSO provide for the use of constant 
controls.
    (b) In the absence of specific provisions in this subpart, and where 
appropriate, questions arising at any stage of the proceeding shall be 
resolved at the discretion of the Presiding Officer or the 
Administrator, as appropriate.



Sec. 57.802  Request for waiver.

    (a) General. (1) Each smelter owner requesting a waiver shall 
complete, sign, and submit appendix A (Test for Eligibility for Interim 
Waiver). Copies of appendix A may be obtained from any EPA Regional 
Administrator, or from the Director, Stationary Source Compliance 
Division (EN-341), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Claims of confidentiality 
shall be made as provided in Sec. 57.203.
    (2) The smelter owner shall append to the completed and signed 
appendix A full copies of all documents, test results, studies, reports, 
scientific literature and assessments required by appendix A. To the 
extent that the material consists of generally available published 
material, the smelter owner may cite to the material in lieu of 
appending it to appendix A. The smelter owner shall specifically 
designate those portions of any documents relied upon and the facts or 
conclusions in appendix A to which they relate.
    (b) Effect of submitting incomplete application. (1) The 
Administrator, or a person designated by him to review applications for 
waivers, may advise the smelter owner in writing whenever he determines 
that additional information is needed in order to make the waiver 
eligibility determinations required by section 119(d)(2) of the Act. The 
smelter owner shall promptly supply such information. All additional 
information requested under this paragraph and filed in the manner 
required by paragraph (d) shall be deemed part of appendix A.
    (2) Failure to comply with the requirements of paragraphs (a) and 
(b)(1) of this section shall be grounds for denial of the requested 
waiver.
    (c) Time for requesting waivers. Any request for a waiver must be 
submitted to the Administrator by the smelter owner at the time of the 
application for an NSO from the State or the Administrator, as the case 
may be. Where a smelter was issued a second period NSO by a State before 
these regulations went into effect, a request for a waiver shall be made 
and a completed appendix A shall be submitted, within sixty days of the 
effective date of these regulations, unless an extension is granted by 
the Administrator, or his designee, for good cause.
    (d) Submission of request. A copy of appendix A (plus attachments) 
which has been completed for the purpose of requesting a waiver of 
constant control requirements shall be filed with the Administrator, 
addressed as follows: Director, Stationary Source Compliance Division 
(EN-341), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460, Attn: Confidential Information Unit.
    (e) Eligibility. A smelter shall be eligible for consideration under 
this subpart only if it establishes that (1) its existing strong stream 
controls, if any, lack the capacity while in full operation to treat all 
strong stream sulfur dioxide emissions and (2) bypass of strong stream 
controls due to excess strong stream sulfur dioxide emissions cannot be 
avoided with improved operation and maintenance of existing strong 
stream controls and process equipment.
    (f) Criteria for decision. The Administrator shall grant or approve 
a waiver, whichever is appropriate, for any eligible smelter as to which 
he finds, in accordance with the methods and procedures specified in 
appendix A, that:

[[Page 195]]

    (1) The higher of the two net present values of future cash flows 
completed under the two alternative sets of assumptions set forth in the 
instructions to schedule D.6 in appendix A in less than liquidation 
(salvage) value; or
    (2) The smelter's average variable costs at all relevant levels of 
production (after installation of interim constant control equipment) 
would exceed the weighted average price of smelter output for one year 
or more.



Sec. 57.803  Issuance of tentative determination; notice.

    (a) Tentative determination. (1) The EPA staff shall formulate and 
prepare:
    (i) A ``Staff Computational Analysis,'' using the financial 
information submitted by the smelter owner under Sec. 57.802 to evaluate 
the economic circumstances of the smelter for which the waiver is 
sought;
    (ii) A tentative determination as to whether an interim requirement 
for the use of constant controls would be so costly as to necessitate 
permanent or prolonged temporary cessation of operations at the smelter 
for which the waiver is requested. The tentative determination shall 
contain a ``Proposed Report and Findings'' summarizing the conclusions 
reached in the Staff Computational Analysis, discussing the estimated 
cost of interim controls, and assessing the effect upon the smelter of 
requiring those controls. The tentative determination shall also contain 
a proposed recommendation that the waiver be granted or denied, based 
upon the Proposed Report and Findings, and stating any additional 
considerations supporting the proposed recommendation. This tentative 
determination shall be a public document.
    (2) In preparing the Proposed Report and Findings, the EPA staff 
shall attempt to the maximum extent feasible to avoid revealing 
confidential information which, if revealed, might damage the legitimate 
business interests of the applicant. The preceding sentence 
notwithstanding, the tentative determination shall be accompanied by a 
listing of all materials considered by EPA staff in developing the 
tentative determination. Subject to the provisions of Sec. 57.814(a), 
full copies of all such materials shall be included in the 
administrative record under Sec. 57.814, except that, to the extent the 
material consists of published material which is generally available, 
full citations to that material may be given instead.
    (b) Public notice. Public notice of EPA's tentative determination to 
grant or deny an application for a waiver shall be given by:
    (1) Publication at least once in a daily newspaper of general 
circulation in the area in which the smelter is located; and
    (2) Posting in the principal office of the municipality in which the 
smelter is located.
    (c) Individual notice. Individual notice of EPA's tentative 
determination to grant or deny an application for a waiver shall be 
mailed to the smelter owner by certified mail, return receipt requested, 
and to the air pollution control agency for the State in which the 
smelter is located.
    (d) Request for individual notice. EPA shall mail notice of its 
tentative determination to grant or deny an application for waiver to 
any person upon request. Each such request shall be submitted to the 
Administrator in writing, shall state that the request is for individual 
notice of tentative determination to grant or deny any application for a 
waiver under section 119(d) of the Clean Air Act, and shall describe the 
notice or types of notices desired (e.g., all notices, notices for a 
particular Region, notices for a particular State, notice for a 
particular city).
    (e) Form of notice. The notice of tentative determination required 
to be distributed under paragraphs (b), (c), and (d) of this section 
shall include, in addition to any other materials, the following:
    (1) A summary of the information contained in appendix A;
    (2) The tentative determination prepared under paragraph (a) of this 
section: Provided, that except in the case of the smelter owner, a 
summary of the basis for the grant or denial of the waiver may be 
provided in lieu of the formal determinations required by paragraph 
(a)(1) of this section;
    (3) A brief description of the procedures set forth in Sec. 57.804 
for requesting a public hearing on the waiver request,

[[Page 196]]

including a statement that such request must be filed within 30 days of 
the date of the notice;
    (4) A statement that written comments on the tentative determination 
submitted to EPA within 60 days of the date of the notice will be 
considered by EPA in making a final decision on the application; and
    (5) The location of the administrative record and the location at 
which interested persons may obtain further information on the tentative 
determination, including a copy of the index to the record, the 
tentative determination prepared under paragraph (a) of this section, 
and any other nonconfidential record materials.



Sec. 57.804  Request for hearing; request to participate in hearing.

    (a) Request for hearing. Within 30 days of the date of publication 
or receipt of the notice required by Sec. 57.803, any person may request 
the Administrator to hold a hearing on the tentative determination by 
submitting a written request containing the following:
    (1) Identification of the person requesting the hearing and his 
interest in the proceeding;
    (2) A statement of any objections to the tentative determination; 
and
    (3) A statement of the issues which such person proposes to raise 
for consideration at such hearing.
    (b) Grant or denial of hearing; notification. Whenever (1) the 
Administrator has received a written request satisfying the requirements 
of paragraph (a) of this section which presents genuine issues as to the 
effect on the smelter of the requirement for use of constant controls, 
or (2) the Administrator determines in his discretion that a hearing is 
necessary or appropriate the Administrator shall give written notice of 
his determination to each person requesting such hearing and the smelter 
owner, and shall provide public notice of his determination in 
accordance with Sec. 57.803(b). If the Administrator determines that a 
request filed under paragraph (a) of this section does not comply with 
the requirements of paragraph (a) or does not present genuine issues, he 
shall be given written notice of his decision to deny a hearing to the 
person requesting the hearing.
    (c) Form of notice of hearing. Each notice of hearing disseminated 
under paragraph (b) of this section shall contain:
    (1) A statement of the time and place of the hearing;
    (2) A statement identifying the place at which the official record 
on the application for waiver is located, the hours during which it will 
be open for public inspection, and the documents contained in the record 
as of the date of the notice of hearing;
    (3) The due date for filing a written request to participate in the 
hearing under paragraph (d) of this section;
    (4) The due date for making written submissions under 57.805; and
    (5) The name, address, and office telephone number of the hearing 
Clerk for the hearing.
    (d) Request to participate in hearing. Each person desiring to 
participate in any hearing granted under this section, including any 
person requesting such a hearing, shall file a written request to 
participate with the Hearing Clerk by the deadline set forth in the 
notice of hearing. The request shall include:
    (1) A brief statement of the interest of the person in the 
proceeding;
    (2) A brief outline of the points to be addressed;
    (3) An estimate of the time required; and
    (4) If the request is submitted by an organization, a nonbinding 
list of the persons to take part in the presentation. As soon as 
practicable, but in no event later than two weeks before the scheduled 
date of the hearing, the Hearing Clerk shall make available to the 
public and shall mail to each person who asked to participate in the 
hearing a hearing schedule.
    (e) Effect of denial of or absence of request for hearing. If no 
request for a hearing is made under this section, or if all such 
requests are denied under paragraph (b) of this section, the tentative 
determination issued under Sec. 57.803 shall be treated procedurally as 
if it were a recommended decision issued under Sec. 57.811(b)(2), except 
that for purposes of Secs. 57.812 and 57.813 the term ``hearing 
participant'' shall be construed to mean the smelter owner and any 
person who submitted comments under Sec. 57.803(e)(4).

[[Page 197]]



Sec. 57.805  Submission of written comments on tentative determination.

    (a) Main comments. Each person who has filed a request to 
participate in the hearing shall file with the Hearing Clerk no later 
than 30 days before the scheduled start of the hearing (or such other 
date as may be set forth in the notice of hearing) any comments which he 
has on the request for waiver and EPA's tentative determination, based 
on information which is or reasonably could have been available to that 
person at the time.
    (b) Reply comments. Not later than two weeks after a full transcript 
of the hearing becomes available (or such other date as may be set forth 
in the notice of hearing), each person who has filed a request to 
participate in the hearing shall file with the Hearing Clerk any 
comments he may have on:
    (1) Written comments submitted by other participants pursuant to 
paragraph (a) of this section;
    (2) Written comments submitted in response to the notice of hearing;
    (3) Material in the hearing record; and
    (4) Material which was not and could not reasonably have been 
available prior to the deadline for submission of main comments under 
paragraph (a) of this section.
    (c) Form of comments. All comments should be submitted in 
quadruplicate and shall include any affidavits, studies, tests or other 
materials relied upon for making any factual statements in the comments.
    (d) Use of comments. (1) Written comments filed under this section 
shall constitute the bulk of the evidence submitted at the hearing. Oral 
statements at the hearing should be brief, and restricted either to 
points that could not have been made in written comments, or to 
emphasizing points which are made in the comments, but which the 
participant believes can be more forcefully urged in the hearing 
context.
    (2) Notwithstanding the foregoing, within two weeks prior to either 
deadline specified by paragraph (a) of this section for the filing of 
main comments, any person who has filed a request to participate in the 
hearing may file a request with the Presiding Officer to submit all or 
part of his main comments orally at the hearing in lieu of submitting 
written comments. The Presiding Officer shall, within one week, grant 
such request if he finds that such person will be prejudiced if he is 
required to submit such comments in written form.



Sec. 57.806  Presiding Officer.

    (a) Assignment of Presiding Officer. (1) The Administrator shall, as 
soon as practicable after the granting of a request for hearing under 
Sec. 57.803, request that the Chief Administrative Law Judge assign an 
Administrative Law Judge as Presiding Officer. The Chief Administrative 
Law Judge shall thereupon make the assignment.
    (2) If the parties to the hearing waive their right to have the 
Agency or an Administrative Law Judge preside at the hearing, the 
Administrator shall appoint an EPA employee who is an attorney to serve 
as presiding officer.
    (b) Powers and duties of Presiding Officer. It shall be the duty of 
the Presiding Officer to conduct a fair and impartial hearing, assure 
that the facts are fully elicited, and avoid delay. The Presiding 
Officer shall have authority to:
    (1) Chair and conduct administrative hearings held under this 
subpart;
    (2) Administer oaths and affirmations;
    (3) Receive relevant evidence: Provided, that the administrative 
record, as defined in Sec. 57.814, shall be received in evidence;
    (4) Consider and rule upon motions, dispose of procedural requests, 
and issue all necessary orders;
    (5) Hold conferences for the settlement or simplification of the 
issues or the expediting of the proceedings; and
    (6) Do all other acts and take all measures necessary for the 
maintenance of order and for the efficient, fair and impartial conduct 
of proceedings under this subpart.

[50 FR 6448, Feb. 15, 1985, as amended at 57 FR 5328, Feb. 13, 1992]



Sec. 57.807  Hearing.

    (a) Composition of hearing panel. The Presiding Officer shall 
preside at the hearing held under this subpart. An EPA panel shall also 
take part in the

[[Page 198]]

hearing. In general, the membership of the panel shall consist of EPA 
employees having special expertise in areas related to the issues to be 
addressed at the hearing, including economists and engineers. For this 
reason, the membership of the panel may change as different issues are 
presented for discussion.
    (b) Additional hearing participants. Either before or during the 
hearing, the Presiding Officer, after consultation with the panel, may 
request that a person not then scheduled to participate in the hearing 
(including an EPA employee or a person identified by any scheduled 
hearing participant as having knowledge concerning the issues raised for 
discussion at the hearing) make a presentation or make himself available 
for cross-examination at the hearing.
    (c) Questioning of hearing participants. The panel members may 
question any person participating in the hearing. Cross-examination by 
persons other than panel members shall not be permitted at this stage of 
the proceeding except where the Presiding Officer determines, after 
consultation with the panel, that circumstances compel such cross-
examination. However, persons in the hearing audience, including other 
hearing participants, may submit written questions to the Presiding 
Officer for the Presiding Officer to ask the participants, and the 
Presiding Officer may, after consultation with the panel, and in his 
sole discretion, ask these questions.
    (d) Submission of additional material. Participants in the hearing 
shall submit for the hearing record such additional material as the 
hearing panel may request within 10 days following the close of the 
hearing, or such other period of time as is ordered by the Presiding 
Officer. Participants may also submit additional information for the 
hearing record on their own accord within 10 days after the close of the 
hearing.
    (e) Transcript. A verbatim transcript shall be made of the hearing.



Sec. 57.808  Opportunity for cross-examination.

    (a) Request for cross-examination. After the close of the panel 
hearing conducted under this part, any participant in that hearing may 
submit a written request for cross-examination. The request shall be 
received by EPA within one week after a full transcript of the hearing 
becomes available and shall specify:
    (1) The disputed issue(s) of material fact as to which cross-
examination is requested. This shall include an explanation of why the 
questions at issue are factual, rather than of an analytical or policy 
nature; the extent to which they are in dispute in the light of the 
record made thus far, and the extent to which and why they can 
reasonably be considered material to the decision on the application for 
a waiver; and
    (2) The person(s) the participant desires to cross-examine, and an 
estimate of the time necessary. This shall include a statement as to why 
the cross-examination requested can be expected to result in full and 
true disclosure resolving the issue of material fact involved.
    (b) Order granting or denying request for cross-examination. As 
expeditiously as practicable after receipt of all requests for cross-
examination under paragraph (a) of this section, the Presiding Officer, 
after consultation with the hearing panel, shall issue an order either 
granting or denying each such request, which shall be disseminated to 
all persons requesting cross-examination and all persons to be cross-
examined. If any request for cross-examination is granted, the order 
shall specify:
    (1) The issues as to which cross-examination is granted;
    (2) The persons to be cross-examined on each issue;
    (3) The persons allowed to conduct cross-examination;
    (4) Time limits for the examination of witnesses; and
    (5) The date, time and place of the supplementary hearing at which 
cross-examination shall take place. In issuing this ruling, the 
Presiding Officer may determine that one or more participants have the 
same or similar interests and that to prevent unduly repetitious cross-
examination, they should be required to choose a single representative 
for purposes of cross-examination. In such a case, the order

[[Page 199]]

shall simply assign time for cross-examination by that single 
representative without identifying the representative further.
    (c) Supplementary hearing. The Presiding Officer and at least one 
member of the original hearing panel shall preside at the supplementary 
hearing. During the course of the hearing, the Presiding Officer shall 
have authority to modify any order issued under paragraph (b) of this 
section. A verbatim transcript shall be made of this hearing.
    (d) Alternatives to cross-examination. (1) No later than the time 
set for requesting cross-examination, a hearing participant may request 
that alternative methods of clarifying the record (such as the submittal 
of additional written information) be used in lieu of or in addition to 
cross-examination. The Presiding Officer shall issue an order granting 
or denying such request at the time he issues (or would have issued) an 
order under paragraph (b) of this section. If the request is granted, 
the order shall specify the alternative provided and any other relevant 
information (e.g., the due date for submitting written information).
    (2) In passing on any request for cross-examination submitted under 
paragraph (a) of this section, the Presiding Officer may, as a 
precondition to ruling on the merits of such request, require that 
alternative means of clarifying the record be used whether or not a 
request to do so has been made under the preceding paragraph. The person 
requesting cross-examination shall have one week to comment on the 
results of utilizing such alternative means, following which the 
Presiding Officer, as soon as practicable, shall issue an order granting 
or denying such person's request for cross-examination.



Sec. 57.809  Ex parte communications.

    (a) General. (1) No interested person outside the Agency or member 
of the Agency trial staff shall make or knowingly cause to be made to 
any member of the decisional body an ex parte communication relevant to 
the merits of the proceedings.
    (2) No member of the decisional body shall make or knowingly cause 
to be made to any interested person outside the Agency or member of the 
Agency trial staff an ex parte communication relevant to the merits of 
the proceedings.
    (b) Effect of receipt of ex parte communication. (1) A member of the 
decisional body who receives or who makes or knowingly causes to be made 
a communication prohibited by this subsection shall place in the record 
all written communications or memoranda stating the substance of all 
oral communications together with all written responses and memoranda 
stating the substance of all responses.
    (2) Upon receipt by any member of the decisionmaking body of an ex 
parte communication knowingly made or knowingly caused to be made by a 
party or representative of a party in violation of this section, the 
person presiding at the stage of the hearing then in progress may, to 
the extent consistent with justice and the policy of the Clean Air Act, 
require the party to show cause why its claim or interest in the 
proceedings should not be dismissed, denied, disregarded, or otherwise 
adversely affected on account of such violation.
    (c) Definitions. For purposes of this section, the following 
definitions shall apply:
    (1) Agency trial staff means those Agency employees, whether 
temporary or permanent, who have been designated by the Agency as 
available to investigate, litigate, and present the evidence arguments 
and position of the Agency in the evidentiary hearing or non-adversary 
panel hearing. Appearance as a witness does not necessarily require a 
person to be designated as a member of the Agency trial staff;
    (2) Decisional body means any Agency employee who is or may be 
reasonably expected to be involved in the decisional process of the 
proceeding including the Administrator, Presiding Officer, the Regional 
Administrator (if he does not designate himself as a member of the 
Agency trial staff), and any of their staff participating in the 
decisional process. In the case of a non-adversary panel hearing, the 
decisional body shall also include the panel members whether or not 
permanently employed by the Agency;

[[Page 200]]

    (3) Ex parte communication means any communication, written or oral, 
relating to the merits of the proceeding between the decisional body and 
an interested person outside the Agency or the Agency trial staff which 
was not originally filed or stated in the administrative record or in 
the hearing. Ex parte communications do not include:
    (i) Communications between Agency employees other than between the 
Agency trial staff and the member of the decisional body;
    (ii) Discussions between the decisional body and either:
    (A) Interested persons outside the Agency, or;
    (B) The Agency trial staff if all parties have received prior 
written notice of such proposed communications and have been given the 
opportunity to be present and participate therein.
    (4) Interested person outside the Agency includes the smelter owner, 
any person who filed written comments in the proceeding, any person who 
requested the hearing, any person who requested to participate or 
intervene in the hearing, any participant or party in the hearing and 
any other interested person not employed by the Agency at the time of 
the communications, and the attorney of record for such persons.

[50 FR 6448, Feb. 15, 1985, as amended at 57 FR 5328, Feb. 13, 1992]



Sec. 57.810  Filing of briefs, proposed findings, and proposed 
recommendations.

    Unless otherwise ordered by the Presiding Officer, each hearing 
participant may, within 20 days after reply comments are submitted under 
Sec. 57.805(b), or if a supplementary hearing for the purpose of cross-
examination has been held under Sec. 57.808(c), within 20 days after the 
transcript of such supplemental hearing becomes available or if 
alternative methods of clarifying the record have been used under 
Sec. 57.808(d), within 20 days after the alternative methods have been 
employed, file with the Hearing Clerk and serve upon all other hearing 
participants proposed findings and proposed recommendations to replace 
in whole or in part the findings and recommendations contained in the 
tentative determination. Any such person may also file, at the same 
time, a brief in support of his proposals, together with references to 
relevant pages of transcript and to relevant exhibits. Within 10 days 
thereafter each participant may file a reply brief concerning 
alternative proposals. Oral argument may be held at the discretion of 
the Presiding Officer on motion of any hearing participant or sua 
sponte.



Sec. 57.811  Recommended decision.

    As soon as practicable after the conclusion of the hearing, one or 
more responsible employees of the Agency shall evaluate the record for 
preparation of a recommended decision and shall prepare and file a 
recommended decision with the Hearing Clerk. The employee(s) preparing 
the decision will generally be members of the hearing panel and may 
include the Presiding Officer. Such employee(s) may consult with and 
receive assistance from any member of the hearing panel in drafting a 
recommended decision and may also delegate the preparation of the 
recommended decision to the panel or to any member or members of it. 
This decision shall contain the same elements as the tentative 
determination. After the recommended decision has been filed, the 
Hearing Clerk shall serve a copy of such decision on each hearing 
participant and upon the Administrator.



Sec. 57.812  Appeal from or review of recommended decision.

    (a) Exceptions. (1) Within 20 days after service of the recommended 
decision, any hearing participant may take exception to any matter set 
forth in such decision or to any adverse order or ruling of the 
Presiding Officer prior to or during the hearing to which such 
participant objected, and may appeal such exceptions to the 
Administrator by filing them in writing with the Hearing Clerk. Such 
exceptions shall contain alternative findings and recommendations, 
together with references to the relevant pages of the record and 
recommended decision. A copy of each document taking exception to the 
recommended decision shall be served upon every other hearing 
participant. Within the same period of time each party filing exceptions 
shall file with

[[Page 201]]

the Administrator and shall serve upon all hearing participants a brief 
concerning each of the exceptions being appealed. Each brief shall 
include page references to the relevant portions of the record and to 
the recommended decision.
    (2) Within 10 days of the service of exceptions and briefs under 
paragraph (a)(1) of this section, any hearing participant may file and 
serve a reply brief responding to exceptions or arguments raised by any 
other hearing participant together with references to the relevant 
portions of the record, recommended decision, or opposing brief. Reply 
briefs shall not, however, raise additional exceptions.
    (b) Sua sponte review by the Administrator. Whenever the 
Administrator determines sua sponte to review a recommended decision, 
notice of such intention shall be served upon the parties by the Hearing 
Clerk within 30 days after the date of service of the recommended 
decision. Such notice shall include a statement of issues to be briefed 
by the hearing participants and a time schedule for the service and 
filing of briefs.
    (c) Scope of appeal or review. The appeal of the recommended 
decision shall be limited to the issues raised by the appellant, except 
when the Administrator determines that additional issues should be 
briefed or argued. If the Administrator determines that briefing or 
argument of additional issues is warranted, all hearing participants 
shall be given reasonable written notice of such determination to permit 
preparation of adequate argument.
    (d) Argument before the Administrator. The Administrator may, upon 
request by a party or sua sponte, set a matter for oral argument. The 
time and place for such oral argument shall be assigned after giving 
consideration to the convenience of the parties.



Sec. 57.813  Final decision.

    (a) After review. As soon as practicable after all appeal or other 
review proceedings have been completed, the Administrator shall issue 
his final decision. Such a final decision shall include the same 
elements as the recommended decision, as well as any additional reasons 
supporting his decisions on exceptions filed by hearing participants. 
The final decision may accept or reject all or part of the recommended 
decision. The Administrator may consult with the Presiding Officer, 
members of the hearing panel or any other EPA employee in preparing his 
final decision. The Hearing Clerk shall file a copy of the decision on 
all hearing participants.
    (b) In the absence of review. If no party appeals a recommended 
decision to the Administrator and if the Administrator does not review 
it sua sponte, he shall be deemed to have adopted the recommended 
decision as the final decision of the Agency upon the expiration of the 
time for filing any exceptions under Sec. 57.812(a).
    (c) Timing of judicial review. For purposes of judicial review, 
final Agency action on a request for a waiver of the interim requirement 
that each NSO provide for the use of constant controls shall not occur 
until EPA approves or disapproves the issuance of an NSO to the source 
requesting such a waiver.



Sec. 57.814  Administrative record.

    (a) Establishment of record. (1) Upon receipt of request for a 
waiver, an administrative record for that request shall be established, 
and a Record and Hearing Clerk appointed to supervise the filing of 
documents in the record and to carry out all other duties assigned to 
him under this subpart.
    (2) All material required to be included in the record shall be 
added to the record as soon as feasible after its receipt by EPA. All 
material in the record shall be appropriately indexed. The Hearing Clerk 
shall make appropriate arrangements to allow members of the public to 
copy all nonconfidential record materials during normal EPA business 
hours.
    (3) Confidential record material shall be indexed under paragraph 
(a)(2). Confidential record material shall, however, be physically 
maintained in a separate location from public record material.
    (4) Confidential record material shall consist of the following:
    (i) Any material submitted pursuant to Sec. 57.802 for which a 
proper claim of confidentiality has been made under

[[Page 202]]

section 114(c) of the Act and 40 CFR part 2; and
    (ii) The Staff Computational Anaylsis prepared under Sec. 57.803
    (b) Record for issuing tentative determination. The administrative 
record for issuing the tentative determination required by Sec. 57.803 
shall consist of the material submitted under Sec. 57.802 and any 
additional materials supporting the tentative determination.
    (c) Record for acting on requests for cross-examination. The 
administrative record for acting on requests for cross-examination under 
Sec. 57.808 shall consist of the record for issuing the tentative 
determination, all comments timely submitted under Secs. 57.803(e)(4) 
and 57.805, the transcript of the hearing, and any additional material 
timely submitted under Sec. 57.807(d).
    (d) Record for preparation of recommended decision. The 
administrative record for preparation of the recommended decision 
required by Sec. 57.811 shall consist of the record for acting on 
request for cross-examination, the transcript of any supplementary 
hearing held under Sec. 57.808(c), any materials timely submitted in 
lieu of or in addition to cross-examination under Sec. 57.808(d), and 
all briefs, proposed findings of fact and proposed recommendations 
timely submitted under Sec. 57.810.
    (e) Record for issuance of final decision. (1) Where no hearing has 
been held, the administrative record for issuance of the Administrator's 
final decision shall consist of the record for issuing the tentative 
determination, any comments timely submitted under Sec. 57.803(e)(4), 
any briefs or reply briefs timely submitted under Sec. 57.812 (a) 
through (c), and the transcript of any oral argument granted under 
Sec. 57.812(d).
    (2) Where a hearing has been held, the administrative record for 
issuance of the Administrator's final decision shall consist of the 
record of preparation of the recommended decision, any briefs or reply 
briefs submitted under Sec. 57.812 (a) through (c), and the transcript 
of any oral argument granted under Sec. 57.812(d).



Sec. 57.815  State notification.

    The Administrator shall give notice of the final decision in writing 
to the air pollution control agency of the State in which the smelter is 
located.



Sec. 57.816  Effect of negative recommendation.

    No waiver of the interim requirement for the use of constant 
controls shall be granted by the Administrator or a State unless the 
Administrator or a State first takes into account the Administrator's 
report, findings, and recommendations as to whether the use of constant 
controls would be so costly as to necessitate permanent or prolonged 
temporary cessations of operation of the smelter.



   Sec. Appendix A to Part 57--Primary Nonferrous Smelter Order (NSO) 
                               Application

                              Instructions

1. General Instructions
1.1 Purpose of the Application
1.2 NSO Financial Tests
1.3 Confidentiality
2. NSO Financial Reporting Overview
2.1 Revenue and Cost Assignment
2.2 Transfer Prices on Affiliated Party Transactions
2.3 Forecasting Requirements
2.4 EPA Furnished Forecast Data
2.5 Applicant Generated Forecasts
2.6 Weighted Average Cost of Capital for Nonferrous Metal Producers
2.7 Horizon Value
2.8 Data Entry
2.9 Use of Schedules
2.10 Use of Exhibits

                 Detailed Instructions for Each Schedule

A.1 Historical Revenue Data
A.2 Historical Cost Data
A.3 Historical Profit and Loss Summary
A.4 Historical Capital Investment Summary
B.1 Pre-Control Revenue Forecast
B.2 Pre-Control Cost Forecast
B.3 Pre-Control Forecast Profit and Loss Summary
B.4 Constant Controls Revenue Forecast
B.5 Constant Controls Cost Forecast
B.6 Constant Controls Forecast Profit and Loss Summary for the Profit 
          Protection Test
B.7 Profit Protection Test
C.1 Constant Controls Forecast Profit and Loss Summary for the Rate of 
          Return Test
C.2 Constant Controls Sustaining Capital Investment Forecast
C.3 Historical Capital Investment in Constant Dollars
C.4 Rate of Return Test

[[Page 203]]

C.5 Horizon Value of Cash Flows for the Rate of Return Test
D.1 Interim Controls Revenue Forecast
D.2 Interim Controls Cost Forecast
D.3 Interim Controls Forecast Profit and Loss Summary
D.4 Interim Controls Sustaining Capital Investment Forecast
D.5 Cash Proceeds from Liquidation
D.6 Permanent Waiver from Interim Controls Test
D.7 Horizon Value of Cash Flows for the Interim Controls Test

                         1. General Instructions

    1.1 Purpose of the application. This application provides financial 
reporting schedules and the accompanying instructions for EPA's 
determination of eligibility for a nonferrous smelter order (NSO), and 
for a waiver of the interim constant controls requirement of an NSO. 
Although the determination of eligibility for an NSO is prerequisite for 
the determination of a waiver, appendix A, as a matter of convenience to 
applicants, includes both the NSO and waiver tests and reporting 
schedules.
    In order to support an NSO eligibility determination, the applicant 
must submit operating and financial data as specified by the schedules 
included in this application. Specific instructions for completing each 
schedule are provided in subsequent sections of the instructions. In 
general, applicants must provide:
    (a) Annual income statements, balance sheets and supporting data 
covering the five most recent fiscal years for the smelter for which the 
NSO requested.
    (b) Forecasts of operating revenues, operating costs, net income 
from operations and capital investments for the firm's smelter 
operations subject to this application, on the basis of anticipated 
smelter operations without any sulfur dioxide air pollution control 
facilities that have not been installed as of the NSO application date.
    (c) Forecasts of operating revenues, operating costs, net income 
from operations and capital investments for the firm's smelter 
operations subject to this application, on the basis of anticipated 
smelter operations with expected additional sulfur dioxide control 
facilities required to comply with the smelter's SIP emission 
limitation.
    (d) For smelters applying for a waiver of interim constant controls, 
forecasts of operating revenues, operating costs, and capital 
investments for the firm's smelter operations prepared on the basis of 
two alternative assumptions: (1) Installation of additional pollution 
control facilities required to comply with interim constant control 
requirements, no installation of any additional SO2 controls 
that the smelter would otherwise be required to install but for the 
issuance of an NSO, and closure of the smelter after January 1, 1988; 
and (2) installation of additional pollution control facilities required 
to comply with interim constant control requirements, installation of 
any additional SO2 controls required to comply with the 
smelter's SIP emission limitation by January 2, 1988, and continued 
operation of the smelter after January 1, 1988.
    1.2 NSO financial tests. EPA will use separate tests to determine 
eligibility for an NSO and to evaluate applications for a waiver of the 
interim constant control requirement. The two tests for NSO eligibility 
employ a present value approach for determining the reasonable 
availability of constant control technology that will enable an 
applicant to achieve full compliance with its SIP sulfur dioxide 
emission limitation. The tests for the waiver of the interim constant 
control requirements employ variable costing and discounted cash flow 
standards for evaluating an applicant's economic capability to implement 
those requirements.
    1.2.1 NSO Eligibility Tests. Each applicant must establish that the 
system of production and/or constant control technology that will enable 
the smelter to achieve full compliance with its SIP SO2 
emission limitation standard is not reasonably available. An applicant 
will determine financial eligibility for an NSO by passing at least one 
of the following two tests.
    (a) Profit Protection Test. The smelter will experience a reduction 
in pre-tax profits of 50 percent or more after undertaking the required 
installation of constant controls.
    (b) Rate of Return Test. The smelter will earn a rate of return on 
historical net investment, expressed in constant dollars, below the 
industry average cost of capital after undertaking the required 
installation of constant controls.
    1.2.2 Temporary Waiver from Interim Controls. Applicants that do not 
have an existing constant control system or whose constant controls are 
not sufficient when in operation and optimally maintained to treat all 
strong streams in accordance with subpart C, may apply for a waiver of 
the requirements of subpart C with respect to any interim constant 
controls not already installed. Applicants will be eligible for a 
temporary waiver of the requirement for interim constant controls not 
already installed, if they can establish pursuant to the procedures in 
this application that the imposition of such control requirements would 
economically necessitate closure of the smelter facility for a period of 
one year or longer. The economic justification for a non-permanent 
closure under this temporary waiver test is defined as a situation in 
which the smelter's projected operating revenues for one or more years

[[Page 204]]

during which the NSO is in effect are inadequate to cover variable 
operating costs anticipated after installing the required interim 
control technology. Temporary waivers will be granted for only the 
period of time over which applicants can establish an inability by the 
firm to cover its variable operating costs. Interim control waiver 
requests based on the smelter's projected inability to earn adequate 
income after installation of interim pollution control equipment will be 
subject to the permanent waiver test.
    1.2.3 Permanent Waiver from Interim Controls. Applicants that do not 
have an existing constant control system or whose constant controls are 
not sufficient when in operation and optimally maintained to treat all 
strong streams in accordance with subpart C, may apply for a waiver of 
the requirements of subpart C with respect to any interim constant 
controls not already installed. Applicants will be eligible for a 
permanent waiver of the requirement for interim constant controls not 
already installed, if they can establish pursuant to the procedures in 
this application that an imposition of such control requirements would 
necessitate permanent closure of the smelter. Economic justification for 
a permanent closure is defined as a situation in which the present value 
of future cash flows anticipated from the smelter after installing the 
required interim control technology is less than the smelter's current 
salvage value under an orderly plan of liquidation. Future cash flows 
are determined under two alternative assumptions. The higher present 
value of cash flows computed under these assumptions is then compared to 
salvage value.
    1.2.4 EPA Contact for NSO Inquiries. Inquiries concerning this 
portion of the requirements for NSO application should be addressed to 
Laxmi M. Kesari, Environmental Protection Agency, EN 341, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    1.2.5 Certification. The NSO Certification Statement must be signed 
by an authorized officer of the applicant firm.
    1.3 Confidentiality. Applicants may request that information 
contained in this application be treated as confidential. Agency 
regulations concerning claims of confidentiality of business information 
are contained in 40 CFR part 2, subpart B (41 FR 36902 et seq., 
September 1, 1976, as amended by 43 FR 39997 et seq., September 8, 
1978). The regulations provide that a business may, if it desires, 
assert a business confidentiality claim covering part or all of the 
information furnished to EPA. The claim must be made at the same time 
the applicable information is submitted. The manner of asserting such 
claims is specified in 40 CFR 2.203(b). Information covered by such a 
claim will be handled by the Agency in accordance with procedures set 
forth in the subpart B regulations. EPA will not disclose information on 
a business that has made a claim of confidentiality, except to the 
extent of and in accordance with 40 CFR part 2, subpart B. However, if 
no claim of confidentiality is made when information is furnished to 
EPA, the information may be made available to the public without notice 
to the business.

                   2. NSO Financial Reporting Overview

    2.1 Revenue and Cost Assignment. The amounts assigned to operations 
of the smelter subject to this NSO application should include (1) 
revenues and costs directly attributable to the smelter's operating 
activities and (2) indirect operating costs shared with other segments 
of the firm to the extent that a specific causal and beneficial 
relationship can be identified for the allocation of such costs to the 
smelter. Do not allocate revenues and costs associated with central 
administrative activities for which specific causal and beneficial 
relationships to the activities of the smelter cannot be established. 
Nonallocable items include, but are not restricted to, amounts such as 
dividend and interest income on centrally administered portfolio 
investments, central corporate administrative office expenses and, 
except for schedules supporting the Profit Protection Test, interest on 
long-term debt financing arrangements. Provide a detailed explanation of 
amounts classified as nontraceable on a separate schedule and attach as 
part of Exhibit B.
    2.2 Transfer Prices on Affiliated Part Transactions. Certain 
transactions by the smelter subject to an NSO application may reflect 
sales to or purchases from ``affiliated'' customers or suppliers with 
whom the smelter has a common bond of ownership and/or managerial 
control. In preparing this application, affiliated party transactions 
shall be defined as transactions with any entity that the firm, or its 
owners, controls directly or indirectly either through an ownership of 
10 percent or more of the entity's voting interests or through an 
exercise of managerial responsibility. Applicants must attach as part of 
Exhibit B supporting schedules explaining the pricing policies 
established on affiliated party transactions incorporated in the 
financial reporting schedules.
    Prices on inter-segment material and product transfers within a 
firm, or on external purchases from and sales to other affiliated 
suppliers and customers, may differ from the prices on comparable 
transactions with unaffiliated suppliers and customers. In this event, 
applicants also must present in the Exhibit B supporting schedules and 
incorporate in the NSO financial reporting schedules appropriate 
adjustments for restating affiliated party transactions. Affiliated

[[Page 205]]

party transactions must be restated at either (a) equivalent prices on 
comparable transactions with unaffiliated parties if such price 
quotations can be obtained or (b) prices that provide the selling entity 
with a normal profit margin above its cost of sales if a meaningful 
comparison with unaffiliated transaction prices cannot be established.
    A ``normal'' profit margin is defined as the gross operating profit 
per dollar of operating revenue that will provide an average after-tax 
rate of return on permanent capital (total assets less current 
liabilities). This average rate of return is defined differently for the 
historical and forecast periods. The applicant must use a rate of return 
of 8.0 percent for the historical period. This figure is based on a 
historical average earned rate of return for the nonferrous metals 
industry. \1\ EPA may update this figure periodically. The updates will 
be available in the rulemaking docket or from the INFORMATION CONTACT 
noted in the Federal Register. For the forecast period, the applicant 
must use a rate of return equal to the current weighted average cost of 
capital for the nonferrous metals industry, as computed in Section 2.6.
---------------------------------------------------------------------------

    \1\ The derivation of this figure is explained in two memoranda to 
EPA (Item Nos. II-A-1 and IV-A-6a in EPA Docket No. A-82-35).
---------------------------------------------------------------------------

    Forecast smelting charges for integrated smelters can be computed 
from forecast market smelting charges. Integrated copper smelters may 
use as the basis of their forecast revenues the forecast copper smelting 
charges provided by EPA, adjusted as described in Section 2.4.1. An 
applicant may submit other forecasts, providing the forecast methodology 
is in accordance with the guidelines in Section 2.5 and fully documented 
as part of Exhibit B.
    2.3 Forecasting Requirements. NSO applicants must provide the Agency 
with financial forecasts in Schedules B.1 through B.6 and C.1 through 
C.2. Applicants requesting either a temporary or permanent waiver from 
interim constant control requirements also must provide an additional 
set of financial forecasts in Schedules D.1 through D.4.
    2.3.1 Forecast Period. The forecast period must include at least two 
full years following completion and startup of the required pollution 
control system. The forecast period shall be from 1984 through 1990 for 
an NSO application filed in 1984. If an application is filed in a later 
year, the 1984 through 1990 period should be adjusted accordingly. All 
references in this appendix to the period 1984 through 1990 should be 
interpreted accordingly.
    2.3.2 Forecast Adjustment by Control Case. Some line items that have 
the same title in several schedules may contain different information 
because they are based on different assumptions regarding pollution 
controls. Production interruptions or curtailments due to the 
installation of pollution control facilities may require adjustments to 
certain revenue and cost estimates in the respective control cases. For 
example, production curtailments associated with supplementary control 
systems may be the basis for the pre-control case, yet are eliminated 
when constant controls replace supplementary control systems in the 
constant controls case. The application of pollution control techniques 
that involve process changes in the smelter's operations (e.g., 
conversion to flash smelting) also may require specific forecasts by 
applications of associated impacts on incremental operating revenues and 
costs.
    2.3.3 Nominal Dollar Basis. Applicants must make their financial 
forecasts in terms of nominal dollars. Forecasts of selected parameters 
provided by EPA will furnish guidelines to an applicant in preparing the 
required cost and revenue estimates. In particular, copper smelting 
charges provided in nominal-dollar terms must be used directly by the 
applicant as given; i.e., the stipulated charge estimates should not be 
inflated.
    2.3.4 Tolling Service Equivalent Basis. Applicants must express all 
revenue forecasts on a tolling service equivalent basis. Thus, forecast 
revenues are computed as the product of the forecast quantity of 
processed concentrate, the forecast average product grade of the 
concentrate (the percent of metal in the concentrate), and the forecast 
smelting charge. Smelters that are not tolling smelters and that do not 
use the copper smelting charges provided by EPA (as described in Section 
2.4.1) can forecast a smelting charge from forecast product grade of the 
concentrate, percent recovery, and product and concentrate prices. The 
forecast prices and derivation of the smelting charge must be in 
accordance with the guidelines in Section 2.5, and the methodology must 
be fully documented in Exhibit B.
    2.4 EPA Furnished Forecast Data. In making projection for the period 
1984 through 1990, applicants must, except as noted below, use the 
indices provided by EPA. The table below presents yearly values for each 
index (expressed as annual percentage rates of change) to be used by 
smelters applying for an NSO before January 1, 1985. If forecasts are 
needed for 1991 and EPA has not provided new forecasts, applicants 
should use the Data Resources, Inc. forecasts for 1991 (Docket Item No. 
IV-A-6c) and the average of CRU's forecasts for 1989 and 1990 (expressed 
in 1991 dollars).

[[Page 206]]



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                                                           1984    1985    1986    1987    1988    1989    1990
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Copper smelting charge \1\ (cents per pound)............    14.5    14.6    16.0    15.3    15.3    15.5    15.4
            Annual Percentage Rates of Change
Wages...................................................     5.0     5.7     5.8     6.1     6.4     6.7     7.0
Energy prices:
    Electricity.........................................     7.0     8.8     8.1     8.3     7.1     4.9     5.5
    Natural gas.........................................     3.6     5.7     9.3     8.7     9.2     8.0     8.4
    Coal................................................     5.1     7.0     8.9     9.0     9.7     9.7     9.7
    Fuel oil............................................     1.6     4.2     7.7     6.8     9.8     9.5     9.9
GNP price deflator......................................     4.8     5.0     5.0     5.2     5.8     5.8     5.9
----------------------------------------------------------------------------------------------------------------
\1\ Reference charge for calculating smelter-specific copper smelting charges as described in Section 2.4.1.
 

    2.4.1 Copper smelting charge. EPA will supply a forecast of 
reference copper smelting charges. These charges, which are f.o.b. U.S. 
mine, are based on an estimate of export smelting charges and on the 
differential value of copper in the U.S. and the world market. They must 
be used in forecasting unaffiliated party revenues for the period 
following the expiration of existing contracts and in forecasting 
affiliated party revenues for the entire forecast period. The applicant 
may submit its own smelting charge forecast for the post-contract 
period, provided that such forecast is in accordance with the guidelines 
in Section 2.5 and fully documented and substantiated as part of Exhibit 
B.
    The EPA forecast export charge represents the world market copper 
smelting charge with copper valued at the London Metal Exchange (LME) 
copper price. This charge serves as the reference charge for the 
applicant copper smelter in calculating its smelting charges. Applicant 
copper smelters must derive their smelting charges from this world 
market charge as described in paragraph (a) below.
    The applicant may adjust the derived smelter-specific smelting 
charge to account for other factors, provided the adjustments are fully 
documented as part of Exhibit B. An example of such a factor is the unit 
deduction for metallurgical losses in smelting. Adjustment for this 
factor is discussed in paragraph (b) below.
    (a) The derivation of a smelter-specific smelting charge from the 
world market charge is based on assumptions regarding transportation 
costs and the U.S. producer-world copper price differential. The EPA 
forecast export charge is the forecast smelting charge available at a 
Japanese smelter, with copper valued at the London Metal Exchange copper 
price. The charge includes no freight costs, which must be paid by the 
mine. A U.S. smelter determines its smelting charge to a mine by meeting 
the combined world market smelting charge, adjusted to reflect copper 
valued at the U.S. producer price, and the transportation charge from 
the mine to the Japanese smelter. This combined price is the highest 
that a mine is willing to pay for smelting.
    The smelter's net smelting charge is equal to the combined world 
smelting charge, adjusted to the U.S. producer price for copper (i.e., 
the export forecast charge plus the U.S. producer price premium), and 
the transportation cost between the mine and a Far East smelter, minus 
the cost of transporting the concentrate between the mine and the 
applicant smelter.
    The applicant smelter's net smelting charge for concentrate from an 
individual mine is computed by first adding the U.S. producer Price-LME 
world price differential to the EPA-supplied forecast. The cost of 
transporting copper from the U.S. mine to the Far East is then added to 
this figure. The net smelting charge is obtained by subtracting from 
this total the cost of transporting copper from the mine to the 
applicant smelter. In making these calculations, an applicant must 
supply (and fully document in Exhibit B), the freight cost between the 
mine and the Far East and between the mine and the smelter. This freight 
cost must be converted to nominal dollars of the respective forecast 
years by applying the GNP percentage price change forecasts supplied by 
EPA or smelter-provided forecasts of transportation price changes. The 
smelter-provided forecasts of transportation price changes must comply 
with guidelines regarding such forecasts in Section 2.5.
    An applicant must use a 3 cent per pound U.S. producer price premium 
(relative to the LME price) in calculating the smelter's net smelting 
charge. The applicant may substitute its own forecasts of the U.S. 
producer price premium if it can substantiate such forecasts in 
accordance with the guidelines in Section 2.5 regarding applicant-
provided smelting charge forecasts of principal products. All supporting 
documentation for such applicant-supplied forecasts must be supplied in 
Exhibit B. Any updates of the producer price premium will be available 
in the rulemaking docket or from the INFORMATION CONTACT noted in the 
Federal Register.
    The following two representative examples illustrate this 
methodology for making the

[[Page 207]]

transportation and U. S. producer price premium adjustment.
    (1) The applicant smelter, located in Arizona, obtains concentrate 
from an adjacent mine. The freight charge from mine to smelter is zero. 
The mine is willing to pay the applicant smelter an amount no higher 
than the sum of the world market smelting charge (adjusted for the 
copper value differential) and the transportation cost of shipping 
copper from the mine to the Far East. This combined cost is the net 
charge received by the applicant smelter. If the export smelting charge 
is 12 cents per pound and the freight cost between the mine and the Far 
East is 13 cents per pound, the applicant smelter would calculate a net 
smelting charge equal to 28 cents: 12 cents plus 3 cents (for the U.S. 
producer price premium) plus 13 cents (for the freight cost between the 
mine and the Far East).
    (2) The applicant smelter obtains concentrate from a nonadjacent 
mine. The mine will pay a charge no higher than the total market 
smelting charge, valued at the U.S. producer price, and the 
transportation costs between the mine and a Far East smelter. The 
applicant's net smelting charge is equal to this combined cost minus the 
transportation costs for shipping the concentrate between mine and 
applicant smelter.
    Suppose that the mine to Far East freight charge is 13 cents per 
pound and the mine to applicant smelter freight charge is 4 cents per 
pound. If the export smelting charge is 12 cents per pound, the net 
smelting charge is equal to 24 cents per pound: 12 cents plus 3 cents 
(for the U.S. producer price premium) plus 13 cents (for the freight 
cost to the Far East) minus 4 cents (for the freight cost to the 
applicant smelter).
    (b) The EPA forecast charges are based on a one unit deduction for 
metallurgical losses. This means that if a concentrate grades 25 percent 
copper, the mine is only credited with 24 percent for metal return. The 
one unit deduction on 25 percent concentrate is equivalent to a 96 
percent payment for contained copper. Should a smelter recover less than 
96 percent, its revenue would be less than the EPA forecast smelting 
charge. Should a smelter recover more than 96 percent, its revenue would 
be greater than the EPA forecast smelting charge.
    2.4.2 Indices (Annual Percentage Changes). These indices, which are 
expressed as annual percentage rate changes in price (wages, energy 
prices, and GNP price deflator) must be used only for estimating the 
rate of price increases for the forecast period following the expiration 
of the applicant's current contracts. The applicant may use alternative 
forecasts of annual percentage changes for the forecast period following 
the expiration of current contracts, if justification is provided. Any 
such alternative forecasts must be prepared by a widely-recognized 
forecasting authority with expertise comparable to that of the 
forecaster relied upon by EPA. In addition, the documentation of these 
forecasts must be comparable to that provided by EPA's forecaster.
    The wage indices are to be applied to wage paid to manufacturing 
labor. The energy price indices are to be applied to prices of the 
respective energy products. The GNP price deflators are to be applied to 
prices for non-metal, non-labor, and non-energy inputs.
    2.5 Applicant Generated Forecasts. Within the specified limitations, 
applicants may submit a method of forecasting smelting charges and by-
product, co-product and other prices. The method selected must be 
explained and unit prices or costs provided where applicable. The 
forecast elements must be compatible with an applicant's historical cost 
and revenue elements to permit direct comparisons of historical and 
forecast data. Applicants must attach as part of Exhibit B appropriate 
schedules explaining variances between forecast and historical unit 
costs for the smelter.
    Forecasts of the smelting charges of the smelter's principal product 
(i.e., copper, lead, zinc, etc.) may be prepared either by an 
independent forecasting authority or by the smelter's in-house 
personnel. If the forecasts are prepared by an independent forecasting 
authority, the following conditions must be satisfied: (1) The 
forecasting authority must have expertise comparable to that of the 
forecaster relied upon by EPA. (2) As much documentation of the 
forecasting methodology as can reasonably be obtained must be made 
available to EPA. Such documentation must, at a minimum, be comparable 
to the documentation supporting EPA smelting charge forecasts. \2\
---------------------------------------------------------------------------

    \2\ Documentation of the EPA forecasts is provided as part of Item 
NO. IV-A-2 in EPA Docket No. A-82-35.
---------------------------------------------------------------------------

    If the smelting charge forecasts are prepared by in-house personnel, 
the following conditions must be met: (1) The in-house forecasts must be 
certified as being based on sound methodology by an independent 
forecasting authority with expertise comparable to that of the 
forecaster who prepared the EPA-supplied smelting charges. The 
independent forecasting authority shall also provide a brief explanation 
of the basis for the conclusion reached in the certification. (2) The 
smelter owner shall provide EPA with the documentation of the 
forecasting methodology employed, which must at a minimum be comparable 
to the extent of documentation supporting EPA's smelting charge 
forecasts. The smelter owner shall also make available upon request by 
EPA such additional documentation of the methodology and underlying data 
as EPA considers appropriate for evaluation of the forecasts.

[[Page 208]]

    Forecasts of freight cost changes, which are applied to the freight 
costs used in calculating a smelter's net smelting charges, must be 
prepared by a widely-recognized forecasting authority. The forecaster's 
expertise must be comparable to that of the forecaster relied upon by 
EPA in forecasting the annual percentage changes in wages, energy 
prices, and GNP. The documentation of these forecasts must be comparable 
to that provided by EPA's forecaster.
    To the maximum extent practicable, by-product, co-product and (when 
applicable) unaffiliated smelting charges must be stated at market 
prices adjusted to f.o.b. smelter. Adjustments of these pricing bases 
must be made to reflect differences in grades and types of production. 
All adjustments must be consistent with expected sales, grades and types 
of concentrate processed. Applicants must attach as part of Exhibit B 
schedules describing and explaining the methods used to forecast these 
revenue items and the adjustments required for these revenue forecasts.
    Applicants must explain fully any changes from the historical data 
that are required to forecast labor productivity, ore-concentrate grade 
and composition, materials and energy consumption per unit of output, 
yield rates and other physical input/output relationships.
    Existing contractual terms must be used in forecasting those sales 
or input costs or prices to which the applicant is committed by 
contracts. The use of contract-dictated prices must be disclosed and 
supported by attaching as part of Exhibit B the terms and duration of 
labor and other supplier arrangements.
    Cost of compliance estimates need not be to the accuracy of final 
design/bid estimates; feasibility grade estimates will be acceptable. 
Updated cost of compliance estimates used in internal five year plans or 
specially prepared estimates of costs of compliance will generally be 
satisfactory.
    2.6 Weighted Average Cost of Capital for Nonferrous Metal Producers. 
The industry average cost of capital is a weighted average of the rates 
of return for equity and debt. Its components are the interest rate and 
the return on equity specific to the nonferrous metals industry.
    2.6.1 Computation. \3\ The applicant must compute the cost of 
capital according to the following formula:
---------------------------------------------------------------------------

    \3\ The derivation of the formula and the basis of the parameters 
are explained in two memoranda to EPA (Item Nos. II-A-1 and IV-A-6a in 
EPA Docket No. A-82-35).

---------------------------------------------------------------------------
R = (0.65  E) + (0.182  I)

where

R = weighted average cost of capital
E = return on equity
I = interest rate.

The components are calculated as follows.
    (a) Return on equity for the nonferrous metals industry. The 20 year 
Treasury bond yield to maturity plus a risk premium of 8.6 percent.
    (b) Interest Rate. The 20 year Treasury bond yield to maturity plus 
a risk premium of 3.0 percent.
    (c) Source of the 20 Year Treasury bond yield. Federal Reserve 
Bulletin, most recent monthly issue. Use the average yield for the most 
recent full month.
    2.6.2 Discount Factor. The discount factor corresponding to the 
weighted average cost of capital for any forecast year is computed 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TC09NO91.029

where

DF = discount factor
R = weighted average cost of capital
N = the number of years in the future (e.g., for the applicant applying 
          in 1984, N = for the forecast year 1985).

    The horizon value, which is described in Section 2.7, is computed as 
of 1990, the end of the detailed forecast period. The discount factor to 
be applied to the horizon value is the same as for any other 1990 
figure. For example, if the application is made in 1984, the value of N 
is 7.
    2.7 Horizon Value. The horizon value is the present value of a 
stream of cash flows or net income for 15 years beyond the last forecast 
year. Applicants must compute the horizon value by capitalizing the 
average forecast value of the last two forecast years using the current 
real weighted cost of capital. The line item instructions for schedules 
having a horizon value entry will specify the values to be capitalized.
    The applicant averages the values of the last two years after 
expressing both values in terms of the last year's dollars. The two-year 
average value is then multiplied by 9.6. This is the factor associated 
with capitalizing a 15 year value stream at the current real weighted 
cost of capital of 6.2 percent.
    Applicants must use a separate schedule to calculate the horizon 
value for the Rate of Return Test and the Interim Controls Test 
(Schedule C.5 and D.7, respectively). These separate schedules adjust 
for potential overstatements in the horizon value cash flows that may be 
caused by control equipment depreciation reported for tax purposes.
    2.8 Data Entry
    2.8.1 Rounding. All amounts (including both dollar values and 
physical units) reported in the schedules and exhibits accompanying this 
application must be rounded to

[[Page 209]]

the nearest thousand and expressed in thousands of dollars or units 
unless otherwise indicated in the instructions.
    2.8.2 Estimates. Where an applicant's records cannot produce the 
specific data required by this application, the use of estimates will be 
allowed if a meaningful estimate can be made without significant 
distortion of the reported results. Data estimates must be supported by 
attaching on a separate sheet of paper as a part of Exhibit B an 
explanation identifying where such estimates are used and showing 
explicitly how the estimates were made.
    2.8.3 Missing Data. Applicants must provide, where applicable, all 
operating and financial data requested by this application. Only 
substantially complete applications can be accepted for processing by 
the Agency. Questions concerning data entries for which information is 
not provided by or cannot reasonably be estimated from the applicant's 
existing accounting records should be addressed to the EPA Contact for 
NSO Inquiries.
    2.8.4 Historical Period. The annual data requested in the historical 
schedules, Schedules A.1 through A.4, must be reported for each of the 
five fiscal years immediately preceding the year in which this 
application is filed. The historical period shall be from fiscal years 
1979 through 1983 for an NSO application filed in 1984. If an 
application is filed in a later year, the references in this appendix to 
the period 1979 through 1983 should be interpreted accordingly.
    2.9 Use of schedules. All applicants must complete Schedules A.1 
through A.4, which record historical revenues, cost, and capital 
investment data. These schedules will be used by EPA to assist in 
evaluating forecast data. Completion of the remaining schedules depends 
on the test required of the applicant.
    2.9.1 NSO Eligibility. An NSO applicant must pass one of the 
following two tests and complete the corresponding schedules.
    (a) Profit Protection Test. The applicant must complete Schedules 
B.1 through B.7 to determine eligibility under the Profit Protection 
Test. Schedules B.1 and B.2 report the base case (without constant 
controls) revenue and cost forecast, respectively, and Schedule B.3 
summarizes Schedules B.1 and B.2. Base case production forecasts should 
reflect any production curtailments associated with interim controls 
currently (preforecast) installed on smelters. Schedules B.4 and B.5 
report the revenue and cost forecast, respectively, for the constant 
controls case, and Schedule B.6 summarizes Schedules B.4 and B.5 for the 
Profit Protection Test.
    Schedule B.7 presents the calculations for the Profit Protection 
Test. The applicant enters the forecast profits from Schedules B.3 and 
B.6. The present value of the forecast profits is then computed for each 
case. If the present value of forecast pre-tax profits with constant 
controls is less than 50 percent of the present value of forecast pre-
tax profits without controls (base case) the smelter passes the test and 
is eligible for an NSO. The smelter also passes the test if the present 
value of forecast pre-tax profits without controls (base case) is 
negative.
    (b) Rate of Return Test. The applicant must complete Schedules B.4, 
B.5, and C.1 through C.5 to determine eligibility under the Rate of 
Return Test. Schedules B.4 and B.5 report the revenue and cost forecast, 
respectively, for the constant controls case, and Schedule C.1 
summarizes Schedules B.4 and B.5 for the Rate of Return Test. Schedule 
C.2 reports forecast sustaining capital investment for the constant 
controls case. Schedule C.3 reports historical net investment for the 
most recent fiscal year expressed in constant dollars, i.e., dollars of 
the year in which the application is made.
    Schedule C.4 presents the calculations for the Rate of Return Test. 
The applicant reports in Schedule C.4 the forecast cash flows from 
Schedules C.1 and C.2 and the horizon value from Schedule C.5, computes 
their present value, and subtracts the value of invested capital in 
constant dollars (taken from Schedule C.3) to yield net present value. 
If the net present value is less than zero, the smelter passes the test 
and is eligible to receive an NSO. This result indicates that the 
smelter is expected to earn a rate of return less than the industry 
average cost of capital.
    2.9.2 Interim Control Waivers. An applicant for a waiver from 
interim controls must complete either a portion or all of Schedules D.1 
through D.7, depending on whether the application is for a temporary or 
permanent waiver.
    (a) Temporary Waiver from Interim Controls Test. The applicant must 
complete Schedules D.1 through D.3 to establish eligibility for a 
temporary waiver from interim controls. Schedules D.1 and D.2 report 
forecast revenue and cost data under the assumption of installation of 
interim constant control equipment and no installation of any additional 
SO2 controls that the smelter would otherwise be required to 
install but for the issuance of the NSO. Schedule D.3 summarizes 
Schedules D.1 and D.2 and calculates gross operating profit. If gross 
operating profit is negative for any year during which the NSO is in 
effect, the applicant is eligible for a temporary waiver.
    (b) Permanent Waiver from Interim Controls Test. The applicant must 
complete Schedules D.1 through D.7. All schedules except for Schedule 
D.5 must be completed twice, based on two alternative assumptions: (1) 
installation of interim constant control equipment, no installation of 
any additional SO2 controls that the smelter would otherwise 
be required to install but for the issuance of the

[[Page 210]]

NSO, and closure of the smelter after January 1, 1988; and (2) 
installation of interim constant control equipment, installation of any 
additional SO2 controls required to comply with the smelter's 
SIP emission limitation by January 2, 1988, and continued operation of 
the smelter after January 1, 1988.
    Schedules D.1 and D.2 report forecast revenue and cost data under 
each assumption. Schedule D.3 summarizes Schedules D.1 and D.2, and 
Schedule D.4 reports forecast sustaining capital under each assumption. 
Schedule D.5 reports cash proceeds from liquidation.
    Schedule D.6 presents the calculations for the permanent waiver 
test. In Schedule D.6, the applicant reports cash flow projections from 
Schedules D.3 and D.4 and the horizon value from Schedule D.7, computes 
their present value and subtracts the current salvage value (taken from 
Schedule D.5) to yield net present value. The higher of the two net 
present value figures computed under the two alternative assumptions 
must be used in the test. If the higher net present value figure is 
negative, the applicant is eligible for a permanent waiver.
    2.10 Use of exhibits. In addition to data required by the schedules 
included in this application, the following information must be attached 
as exhibits.
    2.10.1 Exhibit A. Background information on the firm's 
organizational structure and its associated accounting and financial 
reporting systems for primary nonferrous activities. This information 
must include, where applicable, the firm's:
    (a) Operating association with an ownership control in consolidated 
subsidiaries, unconsolidated subsidiaries, joint ventures and other 
affiliated companies.
    (b) Organizational subdivision of its primary nonferrous activities 
into profit centers, cost centers and/or related financial reporting 
entities employed to control the operation of its mines, concentrators, 
smelters, refineries and other associated facilities.
    (c) Material and product flows among the smelter subject to this NSO 
application, other integrated facilities and its affiliated suppliers 
and/or customers. In the case of integrated facilities, applicants must 
provide process flow diagrams depicting the operating interrelationships 
among its mines, concentrators, smelters, refineries and other 
integrated facilities. For both integrated and nonintegrated facilities, 
applicants also must describe the proportion contributed to its primary 
nonferrous activities by material purchases from and product sales to 
affiliated suppliers and customers.
    (d) Annual operating capacity over the five most recent fiscal years 
for the smelter subject to this application. Operating capacity must be 
defined in terms of the total quantity of throughput that could have 
been processed with the available facilities after giving appropriate 
allowance to normal downtime requirements for maintenance and repairs. 
Operating capacity data also must consider both capacity balancing 
requirements among processing steps and annual processing yield rates 
attainable for each facility.
    (e) Weighted average analysis of concentrates processed and tonnage 
produced annually over each of the five most recent fiscal years by the 
smelter subject to this application.
    (f) Accounting system and policies for recording investment 
expenditures, operating revenues, operating costs and income taxes 
associated with its primary nonferrous activities. Applicants also must 
provide a complete description of allocation techniques employed for 
assigning investments, revenues, costs and taxes to individual profit, 
cost of departmental centers for which costs are accumulated. Applicants 
must further indicate the relationship of cost and/or departmental 
accounting entities to the firm's established profit centers.
    (g) Annual five-year operating and capital expenditure plans (or 
budgets) by individual nonferrous profit center. These documents must 
include previous plans prepared for the five preceding fiscal years as 
well as the current one-year and five-year operating and capital 
expenditure plans. At least the current one-year and five-year plans 
must provide a specific breakdown of investment expenditures and 
operating costs associated with the operation and maintenance of each 
profit center's existing and proposed pollution control facilities.
    2.10.2 Exhibit B. Supplemental description and explanation of items 
appearing in the financial reporting schedules. Other parts of Section 2 
and the detailed instructions for the Schedules specify the information 
required in Exhibit B.
    2.10.3 Exhibit C. Financial data documentation. Applicants must 
document annual balance sheet, income statement and supporting data 
reported for the firm's preceding five fiscal years or for that portion 
of the past five years during which the firm engaged in smelter 
operations. This documentation must be provided by attaching to the 
application:
    (a) SEC 10-K reports filed by the parent corporation for each of the 
preceding five fiscal years.
    (b) Certified financial statements prepared on a consolidated basis 
for the parent corporation and its consolidated subsidiaries. This 
requirement may be omitted for those years in which SEC 10-K reports 
have been attached to this Exhibit.
    (c) Business Segment Information reports filed with the Securities 
and Exchange Commission by the firm for each of the preceding five years 
(as available).

[[Page 211]]

                  Schedule A.1--Historical Revenue Data

    General. Use Schedule A.1 to report annual historical revenue data 
for fiscal years 1979 through 1983. Revenues include product sales and 
associated operating revenues, net of returns and allowances, from 
smelter sales and/or transfers of copper, lead, zinc and molybdenum or 
other nonferrous metal products and tolling services to both 
unaffiliated and affiliated customers. The line items in Schedule A.1 
are explained in the following instructions.

    Lines 01, 14, 27 and 40--Primary Nonferrous Product Sales. Report 
for each year the total quantity of copper, lead, zinc and molybdenum or 
other nonferrous metal product sales.
    Lines 02, 15, 28 and 41--Unaffiliated Customer Sales. Report for 
each year the respective quantities of copper, lead, zinc and molybdenum 
or other nonferrous metal product sales to unaffiliated customers.
    Lines 03, 16, 29 and 42--Unaffiliated Customer Revenues. Report for 
each year the total operating revenues derived from smelter sales of 
copper, lead, zinc and molybdenum or other nonferrous metals to 
unaffiliated customers.
    Lines 04, 17, 30 and 43--Unaffiliated Customer Prices. Report for 
each year the average unit price received on smelter sales of copper, 
lead, zinc and molybdenum or other nonferrous metals to unaffiliated 
customers. The prices are computed as operating revenues reported on 
Lines 03, 16, 29 and 42 divided by the quantities reported on Lines 02, 
15, 28 and 41, respectively.
    Lines 05, 18, 31 and 44--Average Product Quality Grade. Report for 
each year the average quality rating assigned to copper, lead, zinc and 
molybdenum or other nonferrous metal products purchased by the smelter's 
unaffiliated customers.
    Lines 06, 19, 32 and 45--Affiliated Customers Sales. Report for each 
year the respective quantities of copper, lead, zinc and molybdenum or 
other nonferrous metal product sales to affiliated customers.
    Lines 07, 20, 33 and 46--Affiliated Customer Revenues. Report for 
each year the total operating revenues derived from smelter sales of 
copper, lead, zinc and molybdenum or other nonferrous metals to 
affiliated customers. These revenues should be stated at prices 
equivalent to those received on comparable sales to unaffiliated 
customers as described in Section 2.2. Attach as part of Exhibit B an 
explanation of the methodology used to state affiliated customer 
revenues.
    Lines 08, 21, 34 and 47--Affiliated Customer Prices. Report for each 
year the average unit price received on smelter sales of copper, lead, 
zinc and molybdenum or other nonferrous metals to affiliated customers. 
The prices are computed as operating revenues reported on Lines 07, 20, 
33 and 46 divided by the quantities reported on Lines 06, 19, 32 and 45, 
respectively.
    Lines 09, 22, 35 and 48--Average Product Quality Grade. Report for 
each year the average quality rating assigned to copper, lead, zinc and 
molybdenum or other nonferrous metal products purchased by the smelter's 
affiliated customers.
    Lines 10, 23, 36 and 49--Total Primary Product Revenues. Report for 
each year total operating revenues derived from the smelter's sales to 
unaffiliated and affiliated customers of copper (Lines 03 + 07), lead 
(Lines 16 + 20), zinc (Lines 29 + 33) and molybdenum or other nonferrous 
metals (Lines 42 + 46).
    Lines 11, 24, 37 and 50--Transfer Price Adjustments. Report for each 
year operating revenue adjustments required to equate affiliated 
customer transfer prices with unaffiliated customer market prices on 
smelter sales of copper, lead, zinc and molybdenum or other nonferrous 
metals. Attach as part of Exhibit B an explanation of the method used 
for restating transfer prices where such adjustments are necessary.
    Lines 12, 25, 38 and 51--Other Revenue Adjustments. Report for each 
year sales returns and allowances and other adjustments applicable to 
the smelter's revenues derived from copper, lead, zinc and molybdenum or 
other nonferrous metal product sales. Attach as part of Exhibit B a 
schedule reporting the types and amounts of such adjustments.
    Lines 13, 26, 39 and 52--Adjusted Product Revenues. Enter for each 
year the sums of Lines 10 through 12 for adjusted copper sales (Line 
13), Lines 23 through 25 for adjusted lead sales (Line 26), Lines 36 
through 38 for adjusted zinc sales (Line 39) and Lines 49 through 51 for 
adjusted molybdenum or other nonferrous metal sales (Line 52).
    Line 53--Primary Metal Revenues. Enter for each year the sum of 
Lines 13, 26, 39 and 52.
    Line 54--Toll Concentrates Processed. Report for each year the total 
quantity of toll concentrates processed.
    Lines 55 to 58--Customer Toll Revenues. Report for each year the 
quantity of toll concentrates processed for unaffiliated customers (Line 
55), total operating revenues derived from this processing (Line 56), 
average price charged per ton of concentrate processed (Line 57 = Line 
56/55) and the average quality rating assigned to toll concentrates 
processed for unaffiliated customers (Line 58).
    Lines 59 to 62--Affiliated Customer Toll Revenues. Report for each 
year the quantity of toll concentrates processed for affiliated 
customers (Line 59), total operating revenues derived from such 
processing (Line 60), average price charged per ton of concentrate 
processed (Line 61 = Line 60/59) and the average quality rating (Line 
62) assigned to toll concentrates processed for affiliated customers.

[[Page 212]]

    Line 63--Tolling Service Revenues. Enter for each year the total of 
amounts reported on Lines 56 and 60.
    Line 64--Transfer Price Adjustments. Report for each year operating 
revenue adjustments required to equate affiliated customer transfer 
prices with market prices charged to unaffiliated customers on the 
smelter's tolling services. Attach as part of Exhibit B an explanation 
of the method used for restating transfer prices where such adjustments 
are necessary.
    Line 65--Other Revenue Adjustments. Report for each year other 
adjustments applicable to the smelter's tolling service revenues. Attach 
as part of Exhibit B a schedule reporting the types and amounts of such 
adjustments.
    Line 66--Adjusted Tolling Service Revenues. Enter for each year the 
total of Lines 63 through 65.
    Line 67--Co-Product Revenues. Report for each year the net revenues 
from sales of co-products derived from the smelter's operations. Attach 
as part of Exhibit B a schedule showing by individual type of co-
product, the quantity produced and sold, market price per unit of sales 
and total revenues derived from the co-product sales.
    Line 68--Pollution Control By-product Revenues. Report for each year 
revenues from the sale of by-products derived from operation of the 
smelter's pollution control facilities. Attach as part of Exhibit B a 
schedule showing by type of by-product produced, the quantity of output, 
market price received per unit of output sold and total revenue derived 
from the by-product sales.
    Line 69--Other By-product Revenues. Report for each year revenues 
from the sales of gold, silver and other by-products derived from the 
smelter's operations. Attach as part of Exhibit B a schedule providing 
additional documentation as specified in the instruction for Line 68.
    Line 70--Total Co-product and By-product Revenues. Enter for each 
year the total of Lines 67 through 69.

                   Schedule A.2--Historical Cost Data

    General. Use Schedule A.2 to report annual historical cost and input 
quantities for smelter operations for fiscal years 1979 through 1983. 
The line items in Schedule A.2 are explained in the following 
instructions.

    Line 01--Total Quantity Purchased. Report for each year the total 
quantity of concentrates purchased by the smelter. This will be sum of 
Lines 02 and 06. Do not include the quantity of toll concentrates.
    Line 02--Quantity Purchased. Report for each year the total quantity 
of concentrates purchased from unaffiliated suppliers by the smelter. 
Attach as a part of Exhibit B a description of the types and grades of 
these concentrates. Do not include the quantity of toll concentrates.
    Line 03--Concentrate Cost. Report for each year the outlays paid to 
unaffiliated suppliers for concentrates. Attach as part of Exhibit B an 
explanation of the method(s) used in determining these outlays and 
relationship between concentrate prices and the types and grades of 
concentrates purchased from unaffiliated suppliers.
    Line 04--Average Unit Price. Report for each year the average unit 
price paid for purchases of concentrates from unaffiliated suppliers. 
Generally, this value will be equivalent to Line 03 divided by Line 02. 
If this equivalency does not hold, attach as a part of Exhibit B an 
explanation of the variance.
    Line 05--Average Concentrate Grade. Report for each year the average 
concentrate grade of concentrates purchased from unaffiliated suppliers. 
Attach as part of Exhibit B an explanation of this average. The average 
should correspond to the average price reported in Line 04.
    Line 06--Quantity Purchased. Report for each year the total quantity 
of concentrates purchased from affiliated suppliers by the smelter. 
Attach as part of Exhibit B a description of the types and grades of 
these concentrates. Do not include the quantity of toll concentrates.
    Line 07--Concentrate Cost. Report for each year the actual outlays 
paid to affiliated suppliers for concentrates. Attach as part of Exhibit 
B an explanation of the method(s) used in determining these outlays and 
relationship between concentrate prices and the types and grades of 
concentrates purchased from affiliated suppliers. Do not reflect any 
adjustments to market prices here.
    Line 08--Average Unit Price. Report for each year the average unit 
price paid for purchases of concentrates from affiliated suppliers. 
Generally, this value will be equivalent to Line 07 divided by Line 06. 
If this equivalency does not hold, attach as part of Exhibit B an 
explanation of the variance.
    Line 09--Average Concentrate Grade. Report for each year the average 
concentrate grade of concentrates purchased from affiliated suppliers. 
Attach as part of Exhibit B an explanation of this average. The average 
should correspond to the average price reported in Line 08.
    Line 10--Total Concentrate Cost. Enter for each year the sum of 
Lines 03 and 07.
    Line 11--Transfer Price Adjustments. Enter for each year the amounts 
required to adjust outlays paid to affiliated suppliers to market value. 
Refer to Section 2.2 for instructions on the restatement of affiliated 
party transactions. Attach as part of Exhibit B a description and the 
computations of any required cost adjustments.

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    Line 12--Other Cost Adjustments. Enter for each year the amounts of 
any other cost adjustments required such as freight or allowances. 
Attach as part of Exhibit B the identification and the derivation of 
these adjustments.
    Line 13--Adjusted Concentrate Cost. Enter for each year the adjusted 
concentrate cost reflecting the adjustments reported in Lines 11 and 12.
    Line 14--Direct Labor Hours. Report for each year the quantity of 
direct labor hours required to support the processing levels previously 
reported. Attach as part of Exhibit B an explanation of the labor 
productivity factor involved.
    Line 15--Average Hourly Wage Rate. Report for each year the average 
wage rate paid per unit of direct labor input. Attach as part of Exhibit 
B a description of direct labor costs factors under existing labor 
contracts and an explanation of the method(s) used to determine wage 
rates.
    Line 16--Total Wage Payments. Enter for each year the product of 
Lines 14 and 15.
    Line 17--Supplemental Employee Benefits. Report adjustments required 
to direct labor costs for other employee compensation under supplemental 
benefit plans. Attach as part of Exhibit B a description of such plans 
and their costs and an explanation of the method(s) used to determine 
such costs.
    Line 18--Total Production Labor Cost. Enter for each year the total 
of Lines 16 and 17.
    Lines 19, 22, 25, 28 and 31--Energy Quantities. Report for each year 
the quantity of energy by type required to support the processing levels 
reported in the smelter's revenue. Attach as part of Exhibit B, an 
explanation of energy use factors and qualities considered in 
determining the smelter's energy requirements.
    Lines 20, 23, 26, 29 and 32--Unit Prices. Report for each year a 
price paid per unit of energy input by type of energy. Attach as part of 
Exhibit B, a description of the energy price factors under existing 
energy contracts and an explanation of the method(s) used to determine 
unit energy prices.
    Lines 21, 24, 27, 30 and 33--Total Payments. Enter for each year the 
products of quantity and prices paid for electricity (Lines 19  20), 
natural gas (Lines 22  23), coal (Lines 25  26), fuel oil (Lines 28  
29), and other (Lines 31  32).
    Line 34--Total Energy Costs. Enter for each year the total of Lines 
21, 24, 27, 30 and 33.

            Schedule A.3--Historical Profit and Loss Summary

    General. Use Schedule A.3 to report annual revenues, cost and income 
taxes assignable to operation of the smelter subject to this NSO 
application for fiscal years 1979 through 1983. Assignable revenues and 
costs should include only the results of transactions either (1) 
directly associated with smelter operations or (2) for which the 
applicant can establish a causal and beneficial relationship with 
smelter operations pursuant to instructions in Section 2.1. The line 
items in Schedule A.3 are explained in the following instructions.
    Line 01--Primary Metal Sales. Enter the totals reported in Schedule 
A.1, Line 40.
    Line 02--Co-Product and By-Product Sales. Report for each year 
annual revenues, net or returns and allowances, derived from smelter 
sales and/or transfers of co-products and by-products to both 
unaffiliated and affiliated customers. Attach as part of Exhibit B a 
supporting schedule for each major co-product and by-product component 
of smelter revenues. Segregate the revenues reported by major co-product 
and by-product components into their unaffiliated customer and 
affiliated customer elements. Report for each component's unaffiliated 
and affiliated customer revenue elements the (1) average grade of 
product sold, (2) actual quantity sold, (3) average price per unit, and 
(4) total smelter revenues. Also show for each product line any 
adjustments required to restate transfer prices and explain the basis 
for such adjustments. Refer to Section 2.2 for instructions on the 
restatement of affiliated customer revenues.
    Line 03--Tolling Service Revenues. Enter the totals reported in 
Schedule A.1, Line 53.
    Line 04--Other Operating Revenues. Report for each year annual 
revenues directly associated with smelter operations that have not 
previously been reported on Lines 01 through 03. Attach as part of 
Exhibit B a schedule showing the types and amounts of sales reported as 
other operating revenue. The following non-operating revenue and income 
items should not be included as other operating revenue or as a part of 
revenues reported on Lines 01 through 03.

Royalties, licensing fees and other income from intangibles.
Interest and dividend income on portfolio investments.
Equity in income (loss) of unconsolidated subsidiaries and affiliates.
Gain (loss) from discontinued operations and disposal of property.
Minority interest adjustment to consolidated subsidiary income.
Extraordinary items.

    Line 05--Total Operating Revenue. Enter for each year the total of 
Lines 01 through 04.
    Line 06--Concentrates Processed. Report the cost of concentrates 
processed and sold or transferred to unaffiliated and affiliated 
customers from Schedule A.2, Line 13. Concentrates purchased from 
unaffiliated suppliers should be valued at the actual prices paid. 
Concentrates purchased from affiliated suppliers should be valued at or, 
if necessary, restated to equivalent prices quoted by unaffiliated 
suppliers. If prices used to report

[[Page 214]]

revenues are c.i.f. and concentrate costs are f.o.b. smelter, all 
transportation charges paid on the smelter's or buyer's account should 
be excluded from smelter expense. Attach as part of Exhibit B supporting 
schedules showing the:

Annual value of concentrate purchases classified according to purchases 
from unaffiliated and affiliated suppliers.
Cost of sales adjustments to concentrate purchases for net annual 
additions to or withdrawals from concentrate inventories, freight-in on 
concentrate purchases and inventory spoilage.
Impact on cost of sales for restating, where applicable, the cost of 
concentrate purchases from affiliated suppliers to the equivalent prices 
paid to unaffiliated suppliers.
Volumes, grades and net prices of concentrate purchases from 
unaffiliated and affiliated suppliers by type of concentrate purchased.
Volumes, grades and net prices associated with toll concentrates 
processed by type of concentrate.

    Line 07--Other Materials Costs. Report for each year annual costs 
incurred for flux, refractories, coke and other materials used by the 
smelter in its processing of concentrates. Materials purchased from 
unaffiliated suppliers should be valued at the actual prices paid after 
adjustment for transportation costs incurred. Materials purchased from 
affiliated suppliers should be valued at or, if necessary, restated to 
equivalent prices quoted by unaffiliated suppliers. Include in Exhibit B 
supporting schedules showing the:

Annual value of material purchases classified according to purchases 
from unaffiliated and affiliated suppliers.
Cost of sales adjustments to material purchases for net annual additions 
to or withdrawals from material inventories, freight costs on material 
purchases and inventory loss.
Impact on cost of sales for restating, where applicable, the costs of 
material purchases from affiliated suppliers to equivalent prices paid 
to unaffiliated suppliers.
Classification of other material costs by major cost factors for each 
cost component that exceeds 20 percent of any line item in the cost of 
sales schedule.

    Line 08--Production Labor Costs. Report for each year total direct 
labor costs incurred by the smelter for processing purchased and toll 
concentrates, Schedule A.2, Line 18. Include in Exhibit B supporting 
schedules showing the:

Manhours and wage rates for major labor classifications.
Potential impact on wage rates of provision in the smelter's current 
labor contracts.
Explanation of major variances observed in direct labor costs over the 
five-year period as a result of factors such as strikes or new labor 
contracts.

    Line 09--Energy Costs. Enter the totals reported in Schedule A.2, 
Line 34.
    Line 10--Pollution Control Costs. Report for each year expenses 
incurred for operating and maintaining pollution control facilities. All 
by-product credits associated with pollution control facility operations 
should be eliminated and reported on Line 02. Depreciation and 
amortization charges against the smelter's pollution control facilities 
should be reported separately on Line 18. Attach as part of Exhibit B 
supporting schedules showing the:

Major pollution control cost elements with their values classified 
according to direct and indirect cost factors.
Techniques used to allocate indirect pollution control costs to major 
cost pools.

    Line 11--Production Overhead. Report for each year the total costs 
for indirect labor, indirect materials and other production overhead 
costs associated with the smelter. Attach as part of Exhibit B a 
schedule showing annual overhead costs by major cost components 
associated with the smelter's operations. For each cost component, where 
appropriate, identify the quantity and unit price element of overhead 
costs.
    Line 12--Other Production Costs. Report for each year annual smelter 
overhead and other production costs not previously reported on Lines 06 
through 11. By-product credits, if any, should be eliminated and 
reported on Line 02 as operating revenues. Attach as part of Exhibit B 
supporting schedules showing the:

Major cost elements classified according to direct and indirect 
production costs.
Disaggregation of major overhead cost components into their fixed and 
variable cost elements.
Allocation techniques used in assigning indirect overload costs to the 
major cost components.
Elements of overhead costs represented by purchases from affiliated 
suppliers and adjustments, if any, required to restate these costs on 
the basis of equivalent prices paid to unaffiliated supplier.

    Line 13--Total Cost of Sales. Enter for each year the total of Lines 
06 through 12.
    Line 14--Gross Operating Profit. Enter for each year the difference 
between Lines 05 and 13.
    Line 15--Selling, General & Administrative (SG&A) Expenses. Report 
for each year SG&A expenses attributable to the smelter's annual 
operating activities. Exclude those operating costs to be reported 
separately on Lines 16 through 21 and those costs for which causal and 
beneficial relationships to the smelter cannot be established. Attach as 
part of Exhibit B supporting schedules (1)

[[Page 215]]

segregating SG&A expenses by major expense components, (2) classifying 
the major expense components according to those costs incurred directly 
by smelter operations and costs allocated to the smelter from indirect 
cost pools, and (3) explaining the basis used for indirect cost 
allocations.
    Line 16--Taxes, Other Than Income Tax. Report for each year all 
taxes (exclusive of Federal, State, local and foreign income taxes) 
assignable to the smelter's operations. Attach as part of Exhibit B, a 
schedule that (1) segregates these operating taxes by major component, 
(2) classifies each component according to direct and indirect cost 
elements, and (3) explains the basis used for indirect cost allocations.
    Line 17--Research Costs. Report for each year research costs 
(exclusive of capitalized costs reported in Schedule A.4) that are 
assignable to the smelter's annual operations. Attach as part of Exhibit 
B a schedule (1) segregating exploration and research costs by major 
expense components, (2) classifying each expense component according to 
direct and indirect cost elements, and (3) explaining the basis used for 
indirect cost allocations.
    Line 18--Pollution Control Depreciation and Amortization. Report for 
each year annual depreciation and amortization charges attributable to 
the smelter's investment in pollution control facilities and equipment. 
Reported charges should be computed in accordance with depreciation and 
amortization methods adopted for tax reporting purposes by the firm. 
Attach explanatory supporting schedules as part of Exhibit B.
    Line 19--Other Facility Depreciation and Amortization. Report for 
each year annual depreciation and amortization charges (exclusive of 
charges reported on Line 18) assignable to the smelter's operations. 
Attach explanatory supporting schedules as part of Exhibit B.
    Line 20--Interest on Short-Term Debt. Report for each year interest 
expense and associated financial charges on current liabilities in 
accordance with the assignment instructions in Section 2.1. Do not 
include interest on the portion of long-term debt due within the current 
year for each reporting period.
    Line 21--Miscellaneous Operating Expenses. Report for each year any 
additional expenses assignable to the smelter's annual operations. 
Attach as part of Exhibit B a schedule (1) segregating these additional 
expenses into major expense components, (2) classifying each expense 
component according to costs incurred directly by the smelter and costs 
allocated to the smelter from indirect cost pools, and (3) explaining 
the basis used for indirect cost allocations.
    Line 22--Total Other Operating Expenses. Enter for each year the 
total of Lines 15 through 21.
    Line 23--Income from Operations. Enter for each year the difference 
between Lines 14 and 22.
    Line 24--Gain/(Loss) from Disposition of Property. Report net gains 
or losses recognized during each year from disposition of property, 
plant and equipment. Report such gains or losses in accordance with the 
firm's normal practice for certified financial statement reporting. If 
such gains or losses are not significant and are classified otherwise, 
no reclassification need be made. A note to this effect must be included 
in Exhibit B.
    Line 25--Miscellaneous Income and Expenses. Report minority interest 
in income, foreign currency translation effects, and other non-operating 
income and expenses directly assignable to the smelter and not 
recognized elsewhere on this schedule. Report such items in accordance 
with the accounting methods used for certified financial reporting 
purposes.
    Line 26--Total Other Income and Expenses. Enter for each year the 
sum of Lines 24 and 25.
    Line 27--Net Taxable Income. Enter for each year the difference 
between Lines 23 and 26.

           Schedule A.4--Historical Capital Investment Summary

    General. Use Schedule A.4 to report annual end-of-period asset 
investments and current liabilities for fiscal years 1979 through 1983. 
These figures must correspond with the revenues and costs associated 
with operation of the smelter subject to this NSO application as 
reported in Schedule A.3.
    The amounts assigned to the subject smelter should include both (1) 
investments and liabilities directly identifiable with the smelter's 
operating activities and (2) asset investments shared with other 
segments to the extent that a specific causal and beneficial 
relationship can be established for the intersegment allocation of such 
investments. Do not allocate to the smelter the costs of assets 
maintained for general corporate purposes. Provide a detailed 
explanation of amounts classified as nontraceable on a separate schedule 
and attach as part of Exhibit B.
    Applicants shall also restate trade receivables and payables for 
transfer price adjustments on the smelter's transactions with affiliated 
customers. The line items in Schedule A.4 are explained in the following 
instructions.
    Line 01--Cash on Hand and Deposit. Report for each year total cash 
balances assignable to the smelter's operations at the end of each year 
on the basis of causal and beneficial relationships with total corporate 
activities. Attach as part of Exhibit B in explanation of the basis used 
for allocation.
    Line 02--Temporary Cash Investments. Report for each year temporary 
cash investments in time deposits or other short-term

[[Page 216]]

securities. Include only those investments either held by the smelter to 
meet current-period tax payments or other budgeted expenditures 
specifically identifiable with the smelter's continued operation. 
Exclude any temporary cash investments for which no specific future 
outlay requirement can be identified.
    Attach as part of Exhibit B a schedule classifying temporary cash 
investments according to identifiable budgeted expenditure requirements.
    Lines 03 and 04--Net Trade Receivables. Report for each year trade 
accounts and notes, net of reserves for uncollectible items, assignable 
to the smelter in relation to its unaffiliated (Line 03) and affiliated 
(Line 04) customer sales and transfers. Trade receivables reported by 
the smelter as due from affiliated customers should be stated or, if 
necessary, restated on credit terms equivalent to those received by 
unaffiliated customers on a sale of comparable products. Attach as part 
of Exhibit B a schedule showing adjustments in the smelter's receivables 
investments required to equate trade credit terms extended to affiliated 
and unaffiliated customers.
    Lines 05 and 06--Inventory Investments. Report for each year 
respective end-of-period investments in raw material, work-in-process 
and finished good inventories held to support the smelter's production 
and sale of products (Line 05) and associated inventories of other 
materials and supplies (Line 06). These inventories must be valued at 
current market prices. Inventory purchases from affiliated suppliers 
should also be stated at current market prices or, if necessary, 
restated at current market prices prevailing on purchases from 
unaffiliated suppliers. Attach explanatory supporting schedules as part 
of Exhibit B.
    Line 07--Other Current Assets. Report for each year prepaid 
expenses, deferred charges, non-trade notes and accounts receivable, and 
other assets classified as current for certified financial statement 
reporting purposes that are assignable to the smelter's operations. 
Attach as part of Exhibit B a schedule classifying these other current 
assets according to their types and amounts.
    Line 08--Total Current Assets. Enter for each year the total of 
Lines 01 through 07.
    Lines 09 to 14--Property, Plant and Equipment. Report for each year 
by individual line item property, plant and equipment investments 
assignable to smelter operations. Include in gross facility investments 
at the end of each period both (1) property, plant and equipment 
directly associated with the smelter's operations and (2) facilities 
shared with other operating segments to the extent that a causal and 
beneficial relationship can be established for the inter-segment 
allocation of such facility investments.
    Attach as part of Exhibit B a schedule reporting by individual line 
item the annual capital expenditures on additional property, plant and 
equipment investments in the smelter's operations. Further classify 
these annual capital expenditures into both (1) investments required to 
maintain the smelter versus investments in smelter expansion and 
improvement and (2) direct facility versus joint-use facility 
investments. Explain the method used for allocating capital expenditures 
on joint-use facilities to the smelter's operations. Refer to Line 17 
instructions for additional reporting requirements on the smelter's 
facility investments.
    Line 15--Total Smelter Investment. Enter for each year the total of 
Lines 09 through 14.
    Line 16--Accumulated Depreciation and Amortization. Report for each 
year accumulated depreciation, amortization and other valuation charges 
recorded for certified financial statement reporting purposes in 
relation to smelter investment as reported on Line 15. Other valuation 
charges are defined in Financial Accounting Standards Board (FASB) 
Statement No. 19 as losses recognized in connection with an impairment 
in the value of an unimproved property below its acquisition cost. Refer 
to Line 17 instructions for additional reporting requirements on smelter 
facility investments.
    Line 17--Net Smelter Investment. Enter for each year the difference 
between Lines 15 and 16. Attach as part of Exhibit B a schedule 
classifying gross facility investments, accumulated depreciation, 
amortization charges, and net facility investments by major pollution 
control and non-pollution control components. Identify for each asset 
component the direct versus joint-use investments assigned to the 
smelter and explain the basis used to allocate amounts associated with 
joint-use facilities to the smelter.
    Line 18--Other Non-Current Assets. Report for each year other assets 
assignable to the smelter's operations. Attach as part of Exhibit B a 
schedule reporting by type and amount the major components of such 
investments.
    Line 19--Total Smelter Capital Investment. Enter for each year the 
total of Lines 08, 17 and 18.
    Line 20 and 21--Trade Accounts and Notes Payable. Report for each 
year trade accounts and notes due on the smelter's purchases from 
unaffiliated suppliers (Line 20) and on its intersegment transfers or 
purchases from affiliated suppliers (Line 21). Trade payables reported 
by the smelter as due to affiliated suppliers should be stated or, if 
necessary, restated on terms equivalent to those received from 
unaffiliated suppliers on a purchase of comparable materials. Attach as 
part of Exhibit B a schedule showing adjustments required on the 
smelter's trade

[[Page 217]]

payables to equate trade credit terms received from affiliated and 
unaffiliated suppliers.
    Line 22--Other Expense Accruals. Report for each year payments 
classified as current for salaries and wages, other employee benefits, 
operating taxes and related operating expenses assignable to the 
smelter's operations. Attach as part of Exhibit B a schedule classifying 
by type and amount the major components of such accruals.
    Line 23--Current Notes Payable. Report for each year payments due to 
nontrade creditors on short-term financing arrangements directly 
associated with the smelter's operations. Exclude current installments 
due on long-term debt financing arrangements, notes due to offices and 
directors, intersegment loans or advances and loans or advances from 
affiliated operating segments.
    Line 24--Other Current Liabilities. Report for each year other 
nontrade payables classified as current obligations assignable to the 
smelter's operations.
    Line 25--Total Current Liabilities. Enter for each year the total of 
Lines 20 through 24.
    Line 26--Net Smelter Capital Investment. Enter for each year the 
difference between Lines 19 and 25.

               Schedule B.1--Pre-Control Revenue Forecast

    General. Use Schedule B.1 to report annual forecasts of operating 
revenues anticipated during the years 1984 through 1990 from operation 
of the smelter subject to this NSO application. These pre-control 
revenue projections should be based on revenues and production 
associated with operating the smelter without any SO2 air 
pollution controls that have not been installed as of the NSO 
application date. Forecast smelter revenues should be expressed on a 
tolling service equivalent basis as described in Section 2.3.4.
    Copper smelters that will process concentrates containing an average 
of 1,000 pounds per hour or more of arsenic during the forecast period 
should assume that they will use best engineering techniques to control 
fugitive emissions of arsenic. All smelters should also assume that they 
will be required to meet all other regulatory requirements in effect at 
the time the application is made.
    The line items in Schedule B.1 are explained in the following 
instructions. Attach as part of Exhibit B schedules to (1) explain the 
methods used to make the required forecasts, (2) explain differences, if 
any, between historical trends and the forecasts and (3) provide data 
and information to support the forecasts.
    Lines 01 and 05--Concentrates Processed. Report for each year the 
forecast quantity of concentrates processed for unaffiliated parties 
(Line 01) and affiliated parties (Line 05).
    Lines 02 and 06--Smelting Charge. Report for each year the forecast 
smelting charge for unaffiliated parties (Line 02) and affiliated 
parties (Line 06). See Section 2.4 for forecast copper smelting charges 
furnished by EPA.
    Lines 03 and 07--Total Smelter Revenues. Report for each year the 
forecast total operating revenues derived from processing concentrates. 
The total for unaffiliated parties (Line 03) is equal to the product of 
Lines 01, 02, and 04, and for affiliated parties (Line 07), the product 
of Lines 05, 06, and 08.
    Lines 04 and 08--Average Product Grade. Report for each year the 
forecast average quality rating assigned to concentrates processed for 
unaffiliated parties (Line 04) and affiliated parties (Line 08).
    Line 09--Total Co-Product Revenues. Report for each year the 
forecast net revenues from sales of co-products derived from the 
smelter's operations. Attach as part of Exhibit B a schedule showing by 
individual type of co-product, the forecast quantity produced and sold, 
forecast market price per unit of sales, and forecast total revenues 
derived from the co-product sales.
    Line 10--Total By-product Revenues From Pollution Control 
Facilities. Report for each year forecast revenues from the sale of by-
products derived from operation of the smelter's pollution control 
facilities, excluding any SO2 air pollution controls that 
have not been installed as of the NSO application date. Attach as part 
of Exhibit B a schedule showing by type of by-product produced (e.g., 
sulfuric acid) the forecast quantity of output, forecast market price 
per unit of output sold, and forecast total revenue derived from the by-
product sales.
    Line 11--Total By-product Revenues From Other Smelter Processing. 
Report forecast revenues from the sales of gold, silver, and other by-
products derived from the smelter's operations. Attach as part of 
Exhibit B a schedule providing additional documentation as specified in 
the instructions for Line 10.
    Line 12--Total Co-product and By-product Revenues. Enter for each 
year the total of Lines 09 through 11.

                 Schedule B.2--Pre-Control Cost Forecast

    General. Use Schedule B.2 to report annual forecasts of operating 
costs anticipated during the years 1984 through 1990 from operation of 
the smelter subject to this NSO application. These pre-control cost 
projections should be based on costs and production associated with 
operating the smelter without any SO2 air pollution controls 
that have not been installed as of the NSO application date.
    Copper smelters that will process concentrates containing an average 
of 1,000 pounds per hour or more of arsenic during the forecast period 
should assume that they

[[Page 218]]

will use best engineering techniques to control fugitive emissions of 
arsenic. All smelters should also assume that they will be required to 
meet all other regulatory requirements in effect at the time the 
application is made.
    The line items in Schedule B.2 are explained in the following 
instructions. Attach as part of Exhibit B schedules to (1) explain the 
methods used to make the required forecasts, (2) explain differences, if 
any, between historical trends and the forecasts, and (3) provide data 
and information to support the forecasts.
    Line 01--Direct Labor Hours. Report for each year the quantity of 
direct labor hours required to support the processing levels previously 
reported. Attach as part of Exhibit B an explanation of the labor 
productivity factors involved.
    Line 02--Average Hourly Wage Rate. Report for each year the forecast 
average wage rate per unit of direct labor input. Attach as part of 
Exhibit B a description of direct labor cost factors under any existing 
labor contracts that extend to the forecast period and an explanation of 
the methodology used to forecast wage rates. EPA-provided forecast wage 
indices are reported in Section 2.4.
    Line 03--Total Wage Payments. Enter for each year the product of 
Lines 01 and 02.
    Line 04--Supplemental Employee Benefits. Report for each year 
adjustments required to direct labor costs for other employee 
compensation under supplemental benefit plans. Attach as part of Exhibit 
B a description of such plans and their costs and an explanation of the 
methodology used to forecast such costs. EPA-provided forecast wage 
indices are reported in Section 2.4.
    Line 05--Total Production Labor Cost. Enter for each year the total 
of Lines 03 and 04.
    Lines 06, 09, 12, 15 and 18--Energy Quantities. Report for each year 
the quantity of energy by type required to support the processing levels 
reported in the smelter's revenue. Attach as part of Exhibit B an 
explanation of energy characteristics and use factors considered in 
forecasting the smelter's future energy requirements.
    Lines 07, 10, 13, 16, and 19--Unit Prices. Report for each year the 
forecast price per unit of energy input by type of energy. Attach as 
part of Exhibit B a description of the energy price factors under any 
existing energy contracts that extend to the forecast period and an 
explanation of the methodology used to forecast unit energy prices. EPA-
provided forecast energy indices are reported in Section 2.4.
    Lines 08, 11, 14, 17, and 20--Total Payments. Enter for each year 
the products of quantity and prices paid for electricity (Lines 06  
07), natural gas (Lines 09  10), coal (Lines 12  13), fuel oil (Lines 
15  16), and other (Lines 18  19).
    Line 21--Total Energy Costs. Enter for each year the total of Lines 
08, 11, 14, 17, and 20.

       Schedule B.3--Pre-Control Forecast Profit and Loss Summary

    General. Use Schedule B.3 to report annual forecasts of operating 
revenues and operating costs derived in Schedules B.1 and B.2 for the 
years 1984 through 1990. The transfer of line items from Schedules B.1 
and B.2 to this Schedule is explained in the following instructions.
    Line 01--Smelter Revenues-Unaffiliated Parties. Enter the totals 
reported in Schedule B.1, Line 03.
    Line 02--Smelter Revenues-Affiliated Parties. Enter the totals 
reported in Schedule B.1, Line 07.
    Line 03--Co-product and By-product Sales Revenues. Enter the totals 
reported in Schedule B.1, Line 12.
    Line 04--Other Operating Revenues. Report operating revenues 
anticipated from sources not accounted for under Lines 01 through 03. 
Refer to instructions for Line 04 of Schedule A.3 for items that should 
not be included in ``Other Operating Revenues.'' Attach as part of 
Exhibit B a schedule showing annual amounts forecast by individual 
revenue component for ``other'' operating revenues associated with the 
smelter's forecast pre-control operations. Identify in the supporting 
schedule any differences in the ``other'' revenue components reported in 
this Schedule and Schedule A.3 and explain the reasons for such 
differences.
    Line 05--Total Operating Revenues. Enter for each year the total of 
Lines 01 through 04.
    Line 06--Material Costs. Report total costs forecast for flux, 
refractories, coke and other materials directly associated with the 
smelter's processing of concentrates. Attach as part of Exhibit B a 
schedule showing the annual amounts forecast by major material cost 
components. For each cost component, identify the forecast quantity and 
unit price elements of material cost and explain the basis for 
forecasting these quantity and price elements. Identify in the 
supporting schedule any differences in the ``other'' material cost 
components shown in this Schedule and Schedule A.3 and explain the 
reasons for such differences.
    Line 07--Production Labor Costs. Enter the totals reported in 
Schedule B.2, Line 05.
    Line 08--Energy Costs. Enter the totals reported in Schedule B.2, 
Line 21.
    Line 09--Pollution Control Costs. Report the total costs forecast 
for expenses identifiable with operation and maintenance of all 
pollution control equipment and facilities except any SO2 air pollution 
controls that have not been installed as of the NSO application date. 
By-product credits associated with operation of the pollution control 
facilities should be eliminated from the cost accounts,

[[Page 219]]

reclassified to Schedule B.1, Line 10 and included in Line 03 of this 
Schedule. Attach a schedule as part of Exhibit B classifying pollution 
control costs by major cost components. Explain the basis used for 
estimating each of the cost components.
    Line 10--Production Overhead Costs. Report the total costs forecast 
for indirect labor, indirect materials and other production overhead 
costs associated with the smelter's operations. Attach as part of 
Exhibit B a schedule showing annual overhead costs projected by major 
cost components associated with the smelter's operations. For each cost 
component, where appropriate, identify the forecast quantity and unit 
price elements of overhead costs and explain the basis for estimating 
these quantity and price elements. Also identify in the supporting 
schedule any differences in production overhead cost classifications 
used in this Schedule and Schedule A.3 and explain the reasons for such 
differences.
    Line 11--Other Production Costs. Report other forecast production 
costs not previously reported on Lines 06 through 10. Attach as part of 
Exhibit B supporting schedules showing the basis of the forecasts.
    Line 12--Total Cost of Sales. Enter for each year the sum of 
operating costs reported on Lines 06 through 11.
    Line 13--Gross Operating Profit. Enter for each year the difference 
between Lines 05 and 12.
    Line 14--Selling, General and Administrative Expenses. Report the 
total costs forecast for administrative, marketing and general corporate 
overhead functions that directly or indirectly support the smelter's 
operations. Refer to the NSO Financial Reporting Overview for a general 
discussion of indirect cost allocations from overhead cost pools. Attach 
as part of Exhibit B a schedule classifying selling, general and 
administrative expenses into major cost components. Indicate whether 
each component represents costs directly assignable to the smelter or 
indirect costs allocated from other business segments to the smelter. 
Explain the basis used for estimating the amount of expected costs 
included in each component and the basis used for allocating indirect 
cost elements to the smelter. Identify and explain any differences 
between the selling, general and administrative cost classification used 
in this Schedule and that used in Line 15 of Schedule A.3.
    Line 15--Taxes, Other than Income Taxes. Report the total costs 
forecast for property taxes and associated levies paid to governmental 
units by or for the benefits of the smelter operation. Attach as part of 
Exhibit B a schedule classifying operating taxes by major component. 
Indicate whether each component represents taxes directly assignable to 
the smelter or taxes that have been allocated among more than one 
facility. Explain the basis used for estimating taxes and the basis for 
any allocation of taxes to the smelter. Identify and explain any 
differences between the component classifications used in this Schedule 
and those used in Line 16 of Schedule A.3.
    Line 16--Research Costs. Report the estimates of research costs 
incurred directly by or for the benefit of the smelter operations. 
Attach as part of Exhibit B a schedule classifying the costs by major 
direct and indirect assigned components. Explain the basis for 
estimating the costs assigned to each component. Identify and explain 
any differences between classifications used in this Schedule and those 
used in Line 17 of Schedule A.3.
    Line 17--Pollution Control Facility Depreciation and Amortization. 
Report the estimates of depreciation and amortization charges associated 
with the smelter's actual and forecast investment in all pollution 
control equipment and facilities except any SO2 air pollution 
controls that have not been installed as of the NSO application date. 
Reported charges should be computed in accordance with depreciation and 
amortization methods adopted for certified financial statement reporting 
purposes by the firm. Attach explanatory supporting schedules as part of 
Exhibit B.
    Line 18--Other Smelter Facility Depreciation and Amortization. 
Report the pro forma estimates of depreciation and amortization charges 
associated with the smelter's investment in equipment and facilities 
other than those classified as pollution control facilities. Attach 
explanatory supporting schedules as part of Exhibit B.
    Line 19--Interests. Report the estimates of interest and other 
financing charges on the smelter's current and long-term liabilities. 
Attach as part of Exhibit B a schedule showing the interest-bearing debt 
contracts identifiable with the smelter's operations, the interest rate 
projected for these contracts, and the estimated annual interest 
charges.
    Line 20--Miscellaneous Operating Expenses. Report only the total 
operating expenses associated with or allocated to the smelter that 
cannot be appropriately classified in one of the preceding line items. 
Attach as part of Exhibit B a schedule showing the classification of 
these residual operating expenses into major cost components. Explain 
the basis used for forecasting the cost under each component. Identify 
each cost component in terms of direct or indirect cost and explain the 
basis used for allocating the indirect costs to smelter operations. 
Identify and explain any differences between cost classifications 
included in this Schedule and those used in Line 21 of Schedule A.3.
    Line 21--Total Other Operating Expenses. Enter for each year the sum 
of operating costs reported on Lines 14 through 20.

[[Page 220]]

    Line 22--Income From Operations. Enter for each year the difference 
between Lines 21 and 13.

            Schedule B.4--Constant Controls Revenue Forecast

    General. Use Schedule B.4 to report annual forecasts of operating 
revenues anticipated during the years 1984 through 1990 from operation 
of the smelter subject to this NSO application. These constant controls 
revenue forecasts should be based on an assumption that the applicant 
immediately implements a program of additional pollution control 
facility investments sufficient to achieve full compliance with the 
smelter's SIP stack emission limitations for sulfur dioxide. Forecast 
smelter revenues should be expressed on a tolling service equivalent 
basis as described in Section 2.3.4.
    The assumed investment program should be based on whichever 
adequately demonstrated system, applicable to the smelter, that would be 
most economically beneficial subsequent to installation of the system. 
For this purpose, adequately demonstrated systems include those 
specified in Section 57.102(b)(1).
    Copper smelters that will process concentrates containing an average 
of 1,000 pounds per hour or more of arsenic during the forecast period 
should assume that they will use best engineering techniques to control 
fugitive emissions of arsenic. All smelters should also assume that they 
will be required to meet all other regulatory requirements in effect at 
the time the application is made.
    The line items in Schedule B.4 are explained in the following 
instructions. Attach as part of Exhibit B schedules to (1) explain the 
methods used to make the required forecasts, (2) explain differences, if 
any, between historical trends and the forecasts, and (3) provide data 
and information to support the forecasts.
    Lines 01 and 05--Concentrates Processed. Report for each year the 
forecast quantity of concentrates processed for unaffiliated parties 
(Line 01) and affiliated parties (Line 05).
    Lines 02 and 06--Smelting Charge. Report for each year the forecast 
smelting charge for unaffiliated parties (Line 02) and affiliated 
parties (Line 06). See Section 2.4 for forecast copper smelting charges 
furnished by EPA.
    Lines 03 and 07--Total Smelter Revenues. Report for each year the 
forecast total operating revenues derived from processing concentrates. 
The total for unaffiliated parties (Line 03) is equal to the product of 
Lines 01, 02, and 04, and for affiliated parties (Line 07), the product 
of Lines 05, 06, and 08.
    Lines 04 and 08--Average Product Grade. Report for each year the 
forecast average quality rating assigned to concentrates processed for 
unaffiliated parties (Line 04) and affiliated parties (Line 08).
    Line 09--Total Co-Product Revenues. Report for each year the 
forecast net revenues from sales of co-products derived from the 
smelter's operations. Attach as part of Exhibit B a schedule showing by 
individual type of co-product, the forecast quantity produced and sold, 
forecast market price per unit of sales, and forecast total revenues 
derived from the co-product sales.
    Line 10--Total By-product Revenues From Pollution Control 
Facilities. Report for each year forecast revenues from the sale of by-
products derived from operation of the smelter's pollution control 
facilities. Attach as part of Exhibit B a schedule showing by type of 
by-product produced (e.g., sulfuric acid) the forecast quantity of 
output, forecast market price per unit of output sold, and forecast 
total revenue derived from the by-product sales.
    Line 11--Total By-product Revenues From Other Smelter Processing. 
Report forecast revenues from the sales of gold, silver, and other by-
products derived from the smelter's operations. Attach as part of 
Exhibit B a schedule providing additional documentation as specified in 
the instructions for Line 10.
    Line 12--Total Co-product and By-product Revenues. Enter for each 
year the total of Lines 09 through 11.

              Schedule B.5--Constant Controls Cost Forecast

    General. Use Schedule B.5 to report annual forecasts of operating 
costs anticipated during the years 1984 through 1990 from operation of 
the smelter subject to this NSO application. These constant controls 
cost forecasts should be based on an assumption that the applicant 
immediately implements a program of additional pollution control 
facility investments sufficient to achieve full compliance with the 
smelter's SIP stack emission limitations for sulfur dioxide.
    The assumed investment program should be based on whichever 
adequately demonstrated system, applicable to the smelter, would be most 
economically beneficial subsequent to installation of the system. For 
this purpose, adequately demonstrated systems include those specified in 
Sec. 57.102(b)(1).
    Copper smelters that will process concentrates containing an average 
of 1,000 pounds per hour or more of arsenic during the forecast period 
should assume that they will use best engineering techniques to control 
fugitive emissions of arsenic. All smelters should also assume that they 
will be required to meet all other regulatory requirements in effect at 
the time the application is made.
    The line items in Schedule B.5 are explained in the following 
instructions. Attach as part of Exhibit B schedules to (1) explain the 
methods used to make the required forecasts, (2) explain differences, if 
any, between historical trends and the forecasts, and (3)

[[Page 221]]

provide data and information to support the forecasts.
    Line 01--Direct Labor Hours. Report for each year the quantity of 
direct labor hours required to support the processing levels previously 
reported. Attach as part of Exhibit B an explanation of the labor 
productivity factors involved.
    Line 02--Average Hourly Wage Rate. Report for each year the forecast 
average wage rate per unit of direct labor input. Attach as part of 
Exhibit B a description of direct labor cost factors under any existing 
labor contracts that extend to the forecast period and an explanation of 
the methodology used to forecast wage rates. EPA-provided forecast wage 
indices are reported in Section 2.4.
    Line 03--Total Wage Payments. Enter for each year the product of 
Lines 01 and 02.
    Line 04--Supplemental Employee Benefits. Report for each year 
adjustments required to direct labor costs for other employee 
compensation under supplemental benefit plans. Attach as part of 
Exhibits B a description of such plans and their costs and an 
explanation of the methodology used to forecast such costs. EPA-provided 
forecast wage indices are reported in Section 2.4.
    Lines 05--Total Production Labor Cost. Enter for each year the total 
of Lines 03 and 04.
    Lines 06, 09, 12, 15 and 18--Energy Quantities. Report for each year 
the quantity of energy by type required to support the processing levels 
reported in the smelter's revenue. Attach as part of Exhibit B an 
explanation of energy characteristics and use factors considered in 
forecasting the smelter's future energy requirements.
    Lines 07, 10, 13, 16, and 19--Unit Prices. Report for each year the 
forecast price per unit of energy input by type of energy. Attach as 
part of Exhibit B a description of the energy price factors under any 
existing energy contracts that extend to the forecast period and an 
explanation of the methodology used to forecast unit energy prices. EPA-
provided forecast energy indices are reported in Section 2.4.
    Lines 08, 11, 14, 17, and 20--Total Payments. Enter for each year 
the products of quantity and prices paid for electricity (Lines 06  
07), natural gas (Lines 09  10), coal (Lines 12  13), fuel oil (Lines 
15  16), and other (Lines 18  19).
    Lines 21--Total Energy Costs. Enter for each year the total of Lines 
08, 11, 14, 17, and 20.

Schedule B.6--Constant Controls Forecast Profit and Loss Summary for the 
                         Profit Protection Test

    General. Use Schedule B.6 to report annual forecasts of operating 
revenues and operating costs derived in Schedules B.4 and B.5 for the 
years 1984 through 1990. These constant controls forecasts should be 
based on an assumption that the applicant immediately implements a 
program of additional pollution control facility investments sufficient 
to achieve full compliance with the smelter's SIP stack emission 
limitations for sulfur dioxide. The transfer of line items from 
Schedules B.4 and B.5 to this Schedule is explained in the following 
instructions.
    Line 01--Smelter Revenues-Unaffiliated Parties. Enter the totals 
reported in Schedule B.4, Line 03.
    Line 02--Smelter Revenues-Affiliated Parties. Enter the totals 
reported in Schedule B.4, Line 07.
    Line 03--Co-product and By-product Sales Revenues. Enter the totals 
reported in Schedule B.4, Line 12.
    Line 04--Other Operating Revenues. Report operating revenues 
anticipated from sources not accounted for under Lines 01 through 03. 
Refer to instructions for Line 04 of Schedule A.3 for items that should 
not be included in ``Other Operating Revenues.'' Attach as part of 
Exhibit B a schedule showing annual amounts forecast by individual 
revenue component for ``other'' operating revenues associated with the 
smelter's forecast constant controls operations. Identify in the 
supporting schedule any differences in the ``other'' revenue components 
reported in this Schedule and Schedule A.3 and explain the reasons for 
such differences.
    Line 05--Total Operating Revenues. Enter for each year the total of 
Lines 01 through 04.
    Line 06--Material Costs. Report total costs forecast for flux, 
refractories, coke and other materials directly associated with the 
smelter's processing of concentrates. Attach as part of Exhibit B a 
schedule showing the annual amounts forecast by major material cost 
components. For each cost component, identify the forecast quantity and 
unit price elements of material cost and explain the basis for 
forecasting these quantity and price elements. Identify in the 
supporting schedule any differences in the ``other'' material cost 
components shown in this Schedule and Schedule A.3 and explain the 
reasons for such differences.
    Line 07--Production Labor Costs. Enter the totals reported in 
Schedule B.5, Line 05.
    Line 08--Energy Costs. Enter the totals reported in Schedule B.5, 
Line 21.
    Line 09--Pollution Control Costs. Report the total costs forecast 
for expenses identifiable with operation and maintenance of all 
pollution control equipment and facilities. By-product credits 
associated with operation of the pollution control facilities should be 
eliminated from the cost accounts, reclassified to Schedule B.4, Line 10 
and included in Line 03 of this Schedule. Attach a schedule as part of 
Exhibit B classifying pollution control costs by major cost components. 
Explain the basis used for estimating each of the cost components.

[[Page 222]]

    Line 10--Production Overhead Costs. Report the total costs forecast 
for indirect labor, indirect materials and other production overhead 
costs associated with the smelter's constant controls forecasts. Attach 
as part of Exhibit B a schedule showing annual overhead costs projected 
by major cost components associated with the smelter's operations. For 
each cost component, where appropriate, identify the forecast quantity 
and unit price elements of overhead costs and explain the basis for 
estimating these quantity and price elements. Also identify in the 
supporting schedule any differences in production overhead cost 
classifications used in this Schedule and Schedule A.3 and explain the 
reasons for such differences.
    Line 11--Other Production Costs. Report other forecast production 
costs not previously reported on Lines 06 through 10. Attach as part of 
Exhibit B supporting schedules showing the basis of the forecasts.
    Line 12--Total Cost of Sales. Enter for each year the sum of 
operating costs reported on Lines 06 through 11.
    Line 13--Gross Operating Profit. Enter for each year the difference 
between Lines 05 and 12.
    Line 14--Selling, General and Administrative Expenses. Report the 
total costs forecast for administrative, marketing and general corporate 
overhead functions that directly or indirectly support the smelter's 
operations. Refer to the NSO financial Reporting Overview for a general 
discussion of indirect cost allocations from overhead cost pools. Attach 
as part of Exhibit B a schedule classifying selling, general and 
administrative expenses into major cost components. Indicate whether 
each component represents costs directly assignable to the smelter or 
indirect costs allocated from other business segments to the smelter. 
Explain the basis used for estimating the amount of expected costs 
included in each component and the basis used for allocating indirect 
cost elements to the smelter. Identify and explain any differences 
between the selling, general and administrative cost classification used 
in this Schedule and that used in Line 15 of Schedule A.3.
    Line 15--Taxes, Other than Income Taxes. Report the total costs 
forecast for property taxes and associated levies paid to governmental 
units by or for the benefit of the smelter operation. Attach as part of 
Exhibit B a schedule classifying operating taxes by major component. 
Indicate whether each component represents taxes directly assignable to 
the smelter or taxes that have been allocated among more than one 
facility. Explain the basis used for estimating taxes and the basis for 
any allocation of taxes to the smelter. Identify and explain any 
differences between the component classifications used in this Schedule 
and those used in Line 16 of Schedule A.3.
    Line 16--Research Costs. Report the estimates of research costs 
incurred directly by or for the benefit of the smelter operations. 
Attach as part of Exhibit B a schedule classifying the costs by major 
direct and indirect cost components. Explain the basis for estimating 
the costs assigned to each component. Identify and explain any 
differences between classifications used in this Schedule and those used 
in Line 17 of Schedule A.3.
    Line 17--Pollution Control Facility Depreciation and Amortization. 
Report the estimates of depreciation and amortization charges associated 
with the smelter's actual and forecast investment in all pollution 
control equipment and facilities. Reported charges should be completed 
in accordance with depreciation and amortization methods adopted for 
certified financial statement reporting purposes by the firm. Attach 
explanatory supporting schedules as part of Exhibit B.
    Line 18--Other Smelter Facility Depreciation and Amortization. 
Report the pro forma estimates of depreciation and amortization charges 
associated with the smelter's investment in equipment and facilities 
other than those classified as pollution control facilities. Attach 
explanatory supporting schedules as part of Exhibit B.
    Line 19--Interest. Report the estimates of interest and other 
financing charges on the smelter's current and long-term liabilities. 
Attach as part of Exhibit B a schedule showing the interest-bearing debt 
contracts identifiable with the smelter's operations, the interest rate 
projected for these contracts, and the estimated annual interest 
charges.
    Line 20--Miscellaneous Operating Expenses. Report only the total 
operating expenses associated with or allocated to the smelter that 
cannot be appropriately classified in one of the preceding line items. 
Attach as part of Exhibit B a schedule showing the classification of 
these residual operating expenses into major cost components. Explain 
the basis used for forecasting the cost under each component. Identify 
each cost component in terms of direct or indirect cost and explain the 
basis used for allocating the indirect costs to smelter operations. 
Identify and explain any differences between cost classifications 
included in this Schedule and those used in Line 21 of Schedule A.3.
    Line 21--Total Other Operating Expenses. Enter for each year the sum 
of operating costs reported on Lines 14 through 20.
    Line 22--Income From Operations. Enter for each year the difference 
between Lines 21 and 13.

                  Schedule B.7--Profit Protection Test

    General. Applicants must complete this Schedule and/or Schedule C.4 
and the accompanying schedules if they seek eligibility for an NSO. The 
line items in Schedule B.7 are explained in the following instructions.

[[Page 223]]

    Line 01--Net Income from Operations. Enter for each year the amounts 
reported in Schedule B.3, Line 22.
    Line 02--Discount Factors. Enter the discount factor for each year, 
computed as described in the instructions under Section 2.6.
    Line 03--Present Value of Future Net Income. Enter for each year the 
product of Lines 01 and 02.
    Line 04--Horizon Value. Enter under the Total column, the estimated 
horizon value of the smelter. This shall be computed by capitalizing the 
forecast net income from operations in Line 01 as described in the 
instructions under Section 2.7.
    Line 05--Discount Factor. Enter under the Total column the 
appropriate discount factor corresponding to the weighted cost of 
capital, computed as described in the instructions under Section 2.6.
    Line 06--Present Value of Horizon Value. Enter under the Total 
column the product of Lines 04 and 05.
    Line 07--Present Value of Future Net Income. Enter under the Total 
Column the sum of amounts previously reported on Line 03 for 1984 
through 1990.
    Line 08--Total Present Value. Enter for each year the sum of Lines 
06 and 07.
    Line 09--Net Income from Operations. Enter for each year the amount 
reported in Schedule B.6, Line 22.
    Line 10--Discount Factors. Follow the instructions for Line 02.
    Line 11--Present Value of Future Net Income. Enter for each year the 
product of Lines 09 and 10.
    Line 12--Horizon Value. Enter under the Total column, the estimated 
horizon value of the smelter. This shall be computed by capitalizing the 
forecast net income from operations in Line 09 as described in the 
instructions under Section 2.7.
    Line 13--Discount Factor. Follow the instructions for Line 05.
    Line 14--Present Value of Horizon Value. Enter under the Total 
column the product of Lines 12 and 13.
    Line 15--Present Value of Future Net Income. Enter under the Total 
column the sum of amounts previously reported on Line 11 for 1984 
through 1990.
    Line 16--Total Present Value. Enter the sum of Lines 14 and 15.
    Line 17--Ratio for Total Present Value of Constant Controls Case to 
Total Present Value of Pre-Control Case. Enter the ratio of Lines 16 to 
08. If this ratio is less than .50, the smelter passes the Profit 
Protection Test. An applicant also passes the Profit Protection Test if 
the reported total present value of pre-tax profits for the pre-control 
case on Line 08 is a negative value.

Schedule C.1--Constant Controls Forecast Profit and Loss Summary for the 
                           Rate of Return Test

    General. Use Schedule C.1 to report forecast revenue and cost 
information derived in Schedules B.4 and B.5 for the years 1984 through 
1990. These constant controls forecasts should be based on an assumption 
that the applicant immediately implements a program of additional 
pollution control facility investments sufficient to achieve full 
compliance with the smelter's SIP stack emission limitations for sulfur 
dioxide. The transfer of line items from Schedules B.4 and B.5 to this 
Schedule is explained in the following instructions.
    Line 01--Smelter Revenues-Unaffiliated Parties. Enter the totals 
reported in Schedule B.4, Line 03.
    Line 02--Smelter Revenues-Affiliated Parties. Enter the totals 
reported in Schedule B.4, Line 07.
    Line 03--Co-product and By-product Sales Revenues. Enter the totals 
reported in Schedule B.4, Line 12.
    Line 04--Other Operating Revenues. Report operating revenues 
anticipated from sources not accounted for under Lines 01 through 03. 
Refer to instructions for Line 04 of Schedule A.3 for items that should 
not be included in ``Other Operating Revenues.'' Attach as part of 
Exhibit B a schedule showing annual amounts forecast by individual 
revenue component for ``other'' operating revenues associated with the 
smelter's forecast constant controls operations. Identify in the 
supporting schedule any differences in the ``other'' revenue components 
reported in this Schedule and Schedule A.3 and explain the reasons for 
such differences.
    Line 05--Total Operating Revenues. Enter for each year the total of 
Lines 01 through 04.
    Line 06--Material Costs. Report total costs forecast for flux, 
refractories, coke and other materials directly associated with the 
smelter's processing of concentrates. Attach as part of Exhibit B a 
schedule showing the annual amounts forecast by major material cost 
components. For each cost component, identify the forecast quantity and 
unit price elements of material cost and explain the basis for 
forecasting these quantity and price elements. Identify in the 
supporting schedule any differences in the ``other'' material cost 
components shown in this Schedule and Schedule A.3 and explain the 
reasons for such differences.
    Line 07--Production Labor Costs. Enter the totals reported in 
Schedule B.5, Line 05.
    Line 08--Energy Costs. Enter the totals reported in Schedule B.5, 
Line 21.
    Line 09--Pollution Control Costs. Report the total costs forecast 
for expenses identifiable with operation and maintenance of all 
pollution control equipment and facilities. By-product credits 
associated with operation of

[[Page 224]]

the pollution control facilities should be eliminated from the cost 
accounts, reclassified to Schedule B.4, Line 10 and included in Line 03 
of this Schedule. Attach a schedule as part of Exhibit B classifying 
pollution control costs by major cost components. Explain the basis used 
for estimating each of the cost components.
    Line 10--Production Overhead Costs. Report the total costs forecast 
for indirect labor, indirect materials and other production overhead 
costs associated with the smelter's constant controls forecasts. Attach 
as part of Exhibit B a schedule showing annual overhead costs projected 
by major cost components associated with the smelter's operations. For 
each cost component, where appropriate, identify the forecast quantity 
and unit price elements of overhead costs and explain the basis for 
estimating these quantity and price elements. Also identify in the 
supporting schedule any differences in production overhead cost 
classifications used in this Schedule and Schedule A.3 and explain the 
reasons for such differences.
    Line 11--Other Production Costs. Report other forecast production 
costs not previously reported on Lines 06 through 10. Attach as part of 
Exhibit B supporting schedules showing the basis of the forecasts.
    Line 12--Total Cost of Sales. Enter for each year the sum of 
operating costs reported on Lines 06 through 10.
    Line 13--Gross Operating Profit. Enter for each year the difference 
between Lines 05 and 12.
    Line 14--Selling, General and Administrative Expenses. Report the 
total costs forecast for administrative, marketing and general corporate 
overhead functions that directly or indirectly support the smelter's 
operations. Refer to the NSO Financial Reporting Overview for a general 
discussion of indirect cost allocations from overhead cost pools. Attach 
as part of Exhibit B a schedule classifying selling, general and 
administrative expenses into major cost components. Indicate whether 
each component represents costs directly assignable to the smelter or 
indirect costs allocated from other business segments to the smelter. 
Explain the basis used for estimating the amount of expected costs 
included in each component and the basis used for allocating indirect 
cost elements to the smelter. Identify and explain any differences 
between the selling, general and administrative cost classification used 
in this Schedule and that used in Line 15 of Schedule A.3.
    Line 15--Taxes, Other than Income Taxes. Report the total costs 
forecast for property taxes and associated levies paid to governmental 
units by or for the benefit of the smelter operation. Attach as part of 
Exhibit B a schedule classifying operating taxes by major component. 
Indicate whether each component represents taxes directly assignable to 
the smelter or taxes that have been allocated among more than one 
facility. Explain the basis used for estimating taxes and the basis for 
any allocation of taxes to the smelter. Identify and explain any 
differences between the component classifications used in this Schedule 
and those used in Line 16 of Schedule A.3.
    Line 16--Research Costs. Report the estimates of research costs 
incurred directly by or for the benefit of the smelter operations. 
Attach as part of Exhibit B a schedule classifying the costs by major 
direct and indirect costs components. Explain the basis for estimating 
the costs assigned to each component. Identify and explain any 
differences between classifications used in this Schedule and those used 
in Line 17 of Schedule A.3.
    Line 17--Pollution Control Facility Depreciation and Amortization. 
Report the estimates of depreciation and amortization charges associated 
with the smelter's actual and forecast investment in all pollution 
control equipment and facilities. Reported charges should be computed in 
accordance with depreciation and amortization methods adopted for tax 
reporting purposes by the firm. Attach explanatory supporting schedules 
as part of Exhibit B.
    Line 18--Other Smelter Facility Depreciation and Amortization. 
Report the pro forma estimates of depreciation and amortization charge 
associated with the smelter's investment in equipment and facilities 
other than those classified as pollution control facilities. Attach 
explanatory supporting schedules as part of Exhibit B.
    Line 19--Interest on Short-Term Debt. Report the estimates of 
interest and other financing charges on forecast short-term obligations 
as classified in the smelter's current liabilities on Schedule A.4. 
Interest and associated financing charges on long-term debt should not 
be included as an expense identifiable with the smelter's operations. 
Attach as part of Exhibit B a schedule showing the interest-bearing, 
short-term debt contracts identifiable with the smelter's operations, 
the interest rate projected for these contracts, and the estimated 
annual interest charges. Identify and explain any differences between 
the classifications used in this Schedule and those used in Line 20 of 
Schedule A.3.
    Line 20--Miscellaneous Operating Expenses. Report only the total 
operating expenses associated with or allocated to the smelter that 
cannot be appropriately classified in one of the preceding line items. 
Attach as part of Exhibit B a schedule showing the classification of 
these residual operating expenses into major cost components. Explain 
the basis used for forecasting the cost under each component. Identify 
each cost component in terms of direct or indirect cost and explain the 
basis used for allocating the indirect costs to smelter operations. 
Identify and

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explain any differences between cost classification included in this 
Schedule and those used in Line 21 of Schedule A.3.
    Line 21--Total Other Operating Expenses. Enter for each year the sum 
of operating costs reported on Lines 14 through 20.
    Line 22--Income From Operations. Enter for each year the difference 
between Lines 21 and 13.
    Line 23--Income Taxes. Enter the product of income from operations 
(Line 22) and the sum of the Federal, State and local marginal tax 
rates. Attach as part of Exhibit B a schedule detailing the estimated 
marginal tax rate by taxing entity.
    Line 24--Net Income From Operations. Enter for each year the 
difference between Lines 23 and 22.

 Schedule C.2--Constant Controls Sustaining Capital Investment Forecast

    General. The applicant should estimate and report, in Schedule C.2, 
yearly sustaining capital outlays for maintenance of the smelter's 
existing productive capability. These estimates should be forecast under 
the assumption that full compliance with SIP emission limitations for 
SO2 will be achieved. Major elements of these outlays should 
be disclosed, as well as the total of such outlays. Estimates shall be 
restricted to those items that will be capitalized for tax purposes. 
These outlays shall primarily be for plant replacement, although outlays 
for improvements and expansion may be included to the extent that 
improvements and/or expansion, exclusive of required pollution control 
outlays, can be justified as economically feasible. Estimates of 
sustaining capital shall exclude any incremental investment for constant 
control requirements. Sustaining capital investments in facilities 
shared with other operating segments shall be allocated in accordance 
with the instructions given below.
    Estimates of sustaining capital shall be compatible with productive 
capacity and pollution control requirements underlying the operating 
revenue and cost forecasts incorporated in Schedule C.1.
    Lines 01 to 06--Sustaining Capital. Report for each year by 
individual line item property, plant and equipment sustaining capital 
investments assignable to smelter operations. Include both (1) property, 
plant and equipment directly associated with the smelter's operations 
and (2) facilities shared with other operating segments to the extent 
that a causal and beneficial relationship can be established for the 
intersegment allocations of such facility investments.
    Attach as part of Exhibit B an explanatory schedule disclosing and 
supporting by individual line item the major elements of annual capital 
expenditures for sustaining capital. Further classify these annual 
capital expenditures into both (1) investments required to maintain the 
smelter versus investments in smelter expansion and improvements and (2) 
direct facility versus joint-use facility investments. Explain the 
method used for allocating capital expenditures on joint-use facilities 
to the smelter's operations.
    Line 07--Total Smelter Sustaining Capital. Enter for each year the 
total of Lines 01 through 06. Transfer the reported total for each year 
to Schedule C.4, Line 06.

     Schedule C.3--Historical Capital Investment In Constant Dollars

    General. Use Schedule C.3 to report the end-of-period asset 
investments and current liabilities for the most recent fiscal year: (a) 
expressed in nominal dollars as of the date of the original transaction, 
and (b) expressed in the current year's dollars, i.e. 1984 dollars. The 
value of net investment in constant dollars (1984 dollars for smelters 
applying for an NSO in 1984) is used in Schedule C.4 as the benchmark of 
the Rate of Return Test.
    Applicants should complete Schedule C.3 according to the following 
instructions. Transfer into the first column of Schedule C.3 the 
historical cost figures that are reported in the last (1983) column of 
Table A.4. In the second column of Schedule C.3, report the figures from 
the first column of Schedule C.3, expressed in constant (1984) dollars.
    Convert each nominal dollar figure of the first column into constant 
(1984) dollars in accordance with the historical cost/constant dollar 
accounting method defined in Financial Accounting Standards Board (FASB) 
Statement No. 33 (Docket Item No. IV-A-6d), with the following 
exception: the applicant must not report the lower recoverable amount as 
required by FASB No. 33. Attach explanatory supporting schedules as part 
of Exhibit B.

                    Schedule C.4--Rate of Return Test

    General. Applicants must complete this Schedule and/or Schedule B.7 
and the accompanying schedules if they seek eligibility for an NSO. The 
line items in Schedule C.4 are explained in the following instructions.
    Line 01--Net Income from Operations. Enter for each year the amounts 
reported in Schedule C.1, Line 24.
    Lines 02 and 03--Depreciation and Amortization. Enter for each year 
the amounts reported in Schedule C.1, Lines 17 and 18, respectively.
    Line 04--Operating Cash Flow. Enter for each year the total of 
amounts reported on Lines 01 through 03.
    Line 05--Constant Controls Capital Investment. Enter the estimated 
capital outlays for constant controls for the years during which outlays 
would be made. These values shall correspond to the constant control 
investment estimates shown in the supporting

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schedules for Line 17 of Schedule C.1. Changes in working capital 
investment due to investment in constant controls facilities may be 
added to the capital investment estimates shown in the supporting 
schedules for Schedule C.1.
    Line 06--Sustaining Capital. Enter for each year the amounts 
reported in Schedule C.2, Line 07.
    Line 07--Total. Enter for each year the sum of Lines 05 and 06.
    Line 08--Net Cash Flow Projections. Enter for each year the 
difference between Lines 04 and 07.
    Line 09--Discount Factors. Enter the discount factor for each year, 
computed as described in the instructions under Section 2.6.
    Line 10--Present Value of Future Cash Flows. Enter for each year the 
product of Lines 08 and 09.
    Line 11--Horizon Value. Enter under the Total column the estimated 
horizon value of the smelter reported in Schedule C.5, Line 16.
    Line 12--Discount Factor. Enter under the Total column the 
appropriate discount factor, computed as described in the instructions 
under Section 2.6.
    Line 13--Present Value of Horizon Value. Enter under the Total 
column the product of Lines 11 and 12.
    Line 14--Present Value of Future Cash Flows. Enter under the Total 
column the sum of amounts previously reported on Line 10 for 1984 
through 1990.
    Line 15--Total Present Value. Enter the sum of Lines 13 and 14.
    Line 16--Net Smelter Capital Investment in Constant Dollars. Enter 
under the Total column the amount reported in the second (Constant 
Dollar) column of Schedule C.3, Line 26 if the value is greater than 
zero. If the value is zero or less, enter zero.
    Line 17--Net Present Value. Enter the difference between Lines 15 
and 16. Applicants reporting a negative net present value will pass the 
Rate of Return Test.

  Schedule C.5--Horizon Value of Cash Flows for the Rate of Return Test

    General. The applicant should use Schedule C.5 to calculate the 
horizon value of net cash flow projections for the Rate of Return Test. 
This horizon value is used in Schedule C.4. The computation of the 
horizon value is different for this test than for the Profit Protection 
Test because this test requires the reporting of depreciation for tax 
purposes.
    In Schedule C.5, the applicant removes the tax savings of constant 
controls depreciation from the cash flows for the last two forecast 
years. A depreciation-free horizon value is then calculated from these 
depreciation-free cash flows. The tax savings of constant controls 
depreciation during the horizon years are then calculated separately. 
The final horizon value is equal to the sum of the depreciation-free 
horizon value and the tax savings from depreciation of constant controls 
accruing over the horizon years. The line items in Schedule C.5 are 
explained in the following instructions.
    Line 01--Net Cash Flow Projections. Enter for each of the final two 
forecast years the values in Schedule C.4, Line 08, for the 
corresponding years.
    Line 02--Depreciation and Amortization. Enter for each of the final 
two forecast years the value in Schedule C.4, Line 02, for the 
corresponding years.
    Line 03--Marginal Tax Rate. Enter for each of the final two forecast 
years the marginal income tax rate applicable to the smelter. This rate 
should incorporate both Federal and State tax liability.
    Line 04--Tax Savings. Enter for each of the final two forecast years 
the product of Lines 02 and 03.
    Line 05--Nominal Dollar Values. Enter for each of the final two 
forecast years the difference between Lines 01 and 04.
    Line 06--1990 Dollar Values. For each of the final two forecast 
years the nominal dollar values must be expressed in the last forecast 
year's dollars (1990 dollars). Transfer the 1990 amount in Line 05 
directly to Line 06. Inflate the 1989 amount to 1990 dollars using the 
forecast GNP price deflator.
    Line 07--Average. Enter under the Total column the average of the 
two values in Line 06.
    Line 08--Horizon Factor. Enter under the Total column the horizon 
factor provided in Section 2.7.
    Line 09--Depreciation-free Horizon Value. Enter under the Total 
column the product of Lines 07 and 08.
    Line 10--Depreciation and Amortization. Enter for each year of the 
horizon period depreciation charges associated with the smelter's 
investment in equipment and facilities related to pollution controls. 
These investments should include those actually made and those required 
to be made by the end of the forecast period. Reported charges should be 
computed in accordance with depreciation and amortization methods 
adopted for tax reporting purposes by the firm. Attach as part of 
Exhibit B supporting schedules consistent with those supporting Line 17 
in Schedule C.1.
    Line 11--Marginal Tax Rate. Enter for each year of the horizon 
period the marginal income tax rate applicable to the smelter. This rate 
should incorporate both Federal and State tax liability.
    Line 12--Tax Savings. Enter for each year of the horizon period the 
product of Lines 10 and 11.
    Line 13--Discount Factors. Enter the discount factor for each year 
of the horizon period. This shall be computed according to the 
instructions under Section 2.6, except that the variable N found in the 
discount factor formula represents the number of years in

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the future, counting from the last forecast year. For example, N = 1 for 
the first year of the horizon period.
    Line 14--Present Value of Tax Savings. Enter for each year of the 
horizon period the product of Lines 12 and 13.
    Line 15--Total Present Value of Tax Savings. Enter under the Total 
column the sum of values on Line 14 for the horizon years.
    Line 16--Horizon Value. Enter under the Total column the sum of 
Lines 09 and 15.

             Schedule D.1--Interim Controls Revenue Forecast

    General. Use Schedule D.1 to report annual forecasts of operating 
revenues anticipated during the years 1984 through 1990 from operation 
of the smelter applying for an interim controls waiver. The applicant 
applying for a permanent waiver should complete Schedule D.1 twice, with 
revenue and production projections based on two alternative assumptions: 
(1) Installation of interim constant control equipment, no installation 
of any additional SO2 controls that the smelter would 
otherwise be required to install but for the issuance of an NSO, and 
closure after January 1, 1988, and (2) installation of interim constant 
control equipment and any additional SO2 controls required to 
comply with the smelter's SIP emission limitation by January 2, 1988, so 
that the smelter will remain open through the horizon period. The 
applicant applying for a temporary waiver should use only the first 
assumption. For a smelter that has no continuous emission controls, the 
assumed interim control investment program should be based on the 
installation and operation of a well-designed sulfuric acid plant to 
treat all strong gas streams. For a smelter that already has some 
continuous emission controls, the assumed interim constant control 
investment should be based on the installation and operation of any 
additional acid plant capacity that would be necessary for treatment of 
all strong streams with interim constant controls. The interim controls 
projections should account for other regulatory requirements on the same 
basis as provided for in the NSO eligibility tests.
    Forecast smelter revenues should be expressed on a tolling service 
equivalent basis as described in Section 2.3.4. The line items in 
Schedule D.1 are explained in the following instructions. Attach as part 
of Exhibit B schedules to (1) explain the methods used to make the 
required forecasts, (2) explain differences, if any, between historical 
trends and the forecasts, and (3) provide data and information to 
support the forecasts.
    Lines 01 and 05--Concentrates Processed. Report for each year the 
forecast quantity of concentrates processed for unaffiliated parties 
(Line 01) and affiliated parties (Line 05).
    Lines 02 and 06--Smelting Charge. Report for each year the forecast 
smelting charge for unaffiliated parties (Line 02) and affiliated 
parties (Line 06). See Section 2.4 for forecast copper smelting charges 
furnished by EPA.
    Lines 03 and 07--Total Smelter Revenues. Report for each year the 
forecast total operating revenues derived from processing concentrates. 
The total for unaffiliated parties (Line 03) is equal to the product of 
Lines 01, 02, and 04, and for affiliated parties (Line 07), the product 
of Lines 05, 06, and 08.
    Lines 04 and 08--Average Product Grade. Report for each year the 
forecast average quality rating assigned to concentrates processed for 
unaffiliated parties (Line 04) and affiliated parties (Line 08).
    Line 09--Total Co-Product Revenues. Report for each year the 
forecast net revenues from sales of co-products derived from the 
smelter's operations. Attach as part of Exhibit B a schedule showing by 
individual type of co-product the forecast quantity produced and sold, 
forecast market price per unit of sales, and forecast total revenues 
derived from the co-product sales.
    Line 10--Total By-product Revenues From Pollution Control 
Facilities. Report for each year forecast revenues from the sale of by-
products derived from operation of the smelter's pollution control 
facilities. Attach as part of Exhibit B a schedule showing by type of 
by-product produced (e.g., sulfuric acid) the forecast quantity of 
output, forecast market price per unit of output sold, and forecast 
total revenue derived from the by-product sales.
    Line 11--Total By-product Revenues From Other Smelter Processing. 
Report forecast revenues from the sales of gold, silver, and other by-
products derived from the smelter's operations. Attach as part of 
Exhibit B a schedule providing additional documentation as specified in 
the instructions for Line 10.
    Line 12--Total Co-product and By-product Revenues. Enter for each 
year the total of Lines 09 through 11.

              Schedule D.2--Interim Controls Cost Forecast

    General. Use Schedule D.2 to report annual forecasts of operating 
costs anticipated during the years 1984 through 1990 from operation of 
the smelter applying for an interim controls waiver. The applicant 
applying for a permanent waiver should complete Schedule D.2 twice, with 
cost and production projections based on two alternative assumptions: 
(1) Installation of interim constant control equipment, no installation 
of any additional SO2 controls that the smelter would 
otherwise be required to install but for the issuance of an NSO, and 
closure after January 1, 1988, and (2) installation of interim constant 
control equipment and any additional SO2 controls required to 
comply with the smelter's SIP emission limitation by January 2, 1988, so 
that the smelter will remain open through the horizon period. For a

[[Page 228]]

smelter that has no continuous emission controls, the assumed interim 
control investment program should be based on the installation and 
operation of a well-designed sulfuric acid plant to treat all strong gas 
streams. For a smelter that already has some continuous emission 
controls, the assumed interim constant control investment should be 
based on the installation and operation of any additional acid plant 
capacity that would be necessary for treatment of all strong streams 
with interim constant controls. The interim controls projections should 
account for other regulatory requirements on the same basis as provided 
for in the NSO eligibility tests.
    The line items in Schedule D.2 are explained in the following 
instructions. Attach as part of Exhibit B schedules to (1) explain the 
methods used to make the required forecasts, (2) explain differences, if 
any, between historical trends and the forecasts, and (3) provide data 
and information to support the forecasts.
    Line 01--Direct Labor Hours. Report for each year the quantity of 
direct labor hours required to support the processing levels previously 
reported. Attach as part of Exhibit B an explanation of the labor 
productivity factors involved.
    Line 02--Average Hourly Wage Rate. Report for each year the forecast 
average wage rate per unit of direct labor input. Attach as part of 
Exhibit B a description of direct labor cost factors under any existing 
labor contracts that extend to the forecast period and an explanation of 
the methodology used to forecast wage rates. EPA-provided forecast wage 
indices are reported in Section 2.4.
    Line 03--Total Wage Payments. Enter for each year the product of 
Lines 01 and 02.
    Line 04--Supplemental Employee Benefits. Report for each year 
adjustments required to direct labor costs for other employee 
compensation under supplemental benefit plans. Attach as part of Exhibit 
B a description of such plans and their costs and an explanation of the 
methodology used to forecast such costs. EPA-provided forecast wage 
indices are reported in Section 2.4.
    Line 05--Total Production Labor Costs. Enter for each year the total 
of Lines 03 and 04.
    Lines 06, 09, 12, 15, and 18--Energy Quantities. Report for each 
year the quantity of energy by type required to support the processing 
levels reported in the smelter's revenue. Attach as part of Exhibit B an 
explanation of energy characteristics and use factors considered in 
forecasting the smelter's future energy requirements.
    Lines 07, 10, 13, 16, and 19--Unit Prices. Report for each year the 
forecast price per unit of energy input by type of energy. Attach as 
part of Exhibit B a description of the energy price factors under any 
existing energy contracts that extend to the forecast period and an 
explanation of the methodology used to forecast unit energy prices. EPA-
provided forecast energy indices are reported in Section 2.4.
    Lines 08, 11, 14, 17, and 20--Total Payments. Enter for each year 
the products of quantity and prices paid for electricity (Lines 06  
07), natural gas (Lines 09  10), coal (Lines 12  13), fuel oil (Lines 
15  16), and other (Lines 18  19).
    Line 21--Total Energy Costs. Enter for each year the total of Lines 
08, 11, 14, 17, and 20.

     Schedule D.3--Interim Controls Forecast Profit and Loss Summary

    General. Use Schedule D.3 to report forecast revenue and cost 
information summed in Schedules D.1 and D.2 for the years 1984 through 
1990. Applicants applying for a permanent waiver must complete Schedule 
D.3 twice. Forecast revenues and costs in Schedule D.3 shall be 
compatible with productive capacity and pollution control assumptions 
underlying the operating revenue and cost forecasts incorporated into 
each set of Schedules D.1 and D.2. Applicants applying for a temporary 
waiver should use only the first assumption: installation of interim 
constant control equipment and no installation of any additional SO2 
controls that the smelter would otherwise be required to install but for 
the issuance of an NSO. The transfer of line items from Schedules D.1 
and D.2 to this Schedule is explained in the following instructions.
    Line 01--Smelter Revenues--Unaffiliated Parties. Enter the totals 
reported in Schedule D.1, Line 03.
    Line 02--Smelter Revenues-Affiliated Parties. Enter the totals 
reported in Schedule D.1, Line 07.
    Line 03--Co-product and By-product Sales Revenues. Enter the totals 
reported in Schedule D.1, Line 12.
    Line 04--Other Operating Revenues. Report operating revenues 
anticipated from sources not accounted for under Lines 01 through 03. 
Refer to instructions for Line 04 of Schedule A.3 for items that should 
not be included in ``Other Operating Revenues.'' Attach as part of 
Exhibit B a schedule showing annual amounts forecast by individual 
revenue component for ``other'' operating revenues associated with the 
smelter's forecast interim controls operations. Identify in the 
supporting schedule any differences in the ``other'' revenue components 
reported in this Schedule and Schedule A.3 and explain the reasons for 
such differences.
    Line 05--Total Operating Revenues. Enter for each year the total of 
Lines 01 through 04.
    Line 06--Material Costs. Report total costs forecast for flux, 
refractories, coke and other materials directly associated with the 
smelter's processing of concentrates. Attach as part of Exhibit B a 
schedule showing the annual amounts forecast by major material cost 
components. For each cost component,

[[Page 229]]

identify the forecast quantity and unit price elements of material cost 
and explain the basis for forecasting these quantity and price elements. 
Identify in the supporting schedule any differences in the ``other'' 
material cost components shown in this Schedule and Schedule A.3 and 
explain the reasons for such differences.
    Line 07--Production Labor Costs. Enter the totals reported in 
Schedule D.2, Line 05.
    Line 08--Energy Costs. Enter the totals reported in Schedule D.2, 
Line 21.
    Line 09--Pollution Control Costs. Report the total costs forecast 
for operation and maintenance of all pollution control equipment and 
facilities under the two alternative sets of assumptions made in 
corresponding Schedules D.1 and D.2. Byproduct credits associated with 
operation of the pollution control facilities should be eliminated from 
the cost accounts, reclassified to Schedule D.1, Line 10 and included in 
Line 03 of this Schedule. Attach a schedule as part of Exhibit B 
classifying pollution control costs by major cost components. Explain 
the basis used for estimating each of the cost components.
    Line 10--Production Overhead Costs. Report the total costs forecast 
for indirect labor, indirect materials and other production overhead 
costs associated with the smelter's constant controls forecasts. Attach 
as part of Exhibit B a schedule showing annual overhead costs projected 
by major cost components associated with the smelter's operations. For 
each cost component, where appropriate, identify the forecast quantity 
and unit price elements of overhead costs and explain the basis for 
estimating these quantity and price elements. Also identify in the 
supporting schedule any differences in production overhead cost 
classifications used in this Schedule and Schedule A.3 and explain the 
reasons for such differences.
    Line 11--Other Production Costs. Report other forecast production 
costs not previously reported on lines 06 through 10. Attach as part of 
Exhibit B supporting schedules showing the basis of the forecasts.
    Line 12--Total Cost of Sales. Enter for each year the sum of 
operating costs reported on Lines 06 through 11.
    Line 13--Gross Operating Profit. Enter for each year the difference 
between Lines 05 and 12.
    Line 14--Selling, General and Administrative Expenses. Report the 
total costs forecast for administrative, marketing and general corporate 
overhead functions that directly or indirectly support the smelter's 
operations. Refer to the NSO Financial Reporting Overview for general 
discussion of indirect cost allocations from overhead cost pools. Attach 
as part of Exhibit B a schedule classifying selling, general and 
administrative expenses into major cost components. Indicate whether 
each component represents costs directly assignable to the smelter or 
indirect costs allocated from other business segments to the smelter. 
Explain the basis used for estimating the amount of expected costs 
included in each component and the basis used for allocating indirect 
cost elements to the smelter. Identify and explain any differences 
between the selling, general and administrative cost classification used 
in this Schedule and that used in Line 15 of Schedule A.3.
    Line 15--Taxes, Other than Income Taxes. Report the total costs 
forecast for property taxes and associated levies paid to governmental 
units by or for the benefit of the smelter operation. Attach as part of 
Exhibit B a schedule classifying operating taxes by major component. 
Indicate whether each component represents taxes directly assignable to 
the smelter or taxes that have been allocated among more than one 
facility. Explain the basis used for estimating taxes and the basis for 
any allocation of taxes to the smelter. Identify and explain any 
differences between the component classifications used in this Schedule 
and those used in Line 16 of Schedule A.3.
    Line 16--Research Costs. Report the estimates of research costs 
incurred directly by or for the benefit of the smelter operations. 
Attach as part of Exhibit B a schedule classifying the costs by major 
direct and indirect cost components. Explain the basis for estimating 
the costs assigned to each component. Identify and explain any 
differences between classifications used in this Schedule and those used 
in Line 17 of Schedule A.3.
    Line 17--Pollution Control Facility Depreciation and Amortization. 
Report the estimates of depreciation and amortization charges associated 
with the smelter's actual and forecast investment in all pollution 
control equipment and facilities under the two alternative sets of 
assumptions made in corresponding Schedules D.1 and D.2. Reported 
charges should be computed in accordance with depreciation and 
amortization methods adopted for tax reporting purposes by the firm. 
Attach explanatory supporting schedules as part of Exhibit B.
    Line 18--Other Smelter Facility Depreciation and Amortization. 
Report the pro forma estimates of depreciation and amortization charges 
associated with the smelter's investment in equipment and facilities 
other than those classified as pollution control facilities. Attach 
explanatory supporting schedules as part of Exhibit B.
    Line 19--Interest on Short-Term Debt. Report the estimates of 
interest and other financing charges on forecast short-term obligations 
as classified in the smelter's current liabilities on Schedule A.4. 
Interest and associated financing charges on long-term debt should not 
be included as an expense identifiable with the smelter's operations. 
Attach as part of Exhibit B a schedule showing the interest-

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bearing, short-term debt contracts identifiable with the smelter's 
operations, the interest rate projected for these contracts, and the 
estimated annual interest charges. Identify and explain any differences 
between the classifications used in this Schedule and those used in Line 
20 of Schedule A.3.
    Line 20--Miscellaneous Operating Expenses. Report only the total 
operating expenses associated with or allocated to the smelter that 
cannot be appropriately classified in one of the preceding line items. 
Attach as part of Exhibit B a schedule showing the classification of 
these residual operating expenses into major cost components. Explain 
the basis used for forecasting the cost under each component. Identify 
each cost component in terms of direct or indirect cost and explain the 
basis used for allocating the indirect costs to smelter operations. 
Identify and explain any differences between cost classifications 
included in this Schedule and those used in Line 21 of Schedule A.3.
    Line 21--Total Other Operating Expenses. Enter for each year the sum 
of operating costs reported on Lines 14 through 20.
    Line 22--Income From Operations. Enter for each year the difference 
between Lines 21 and 13.
    Line 23--Income Taxes. Enter the product of income from operations 
(Line 22) and the sum of the Federal, State and local marginal tax 
rates. Attach as part of Exhibit B a schedule detailing the estimated 
marginal tax rate by taxing entity.
    Line 24--Net Income From Operations. Enter for each year the 
difference between Lines 23 and 22.
    The temporary waiver from interim controls test is on Line 13 of 
Schedule D.3 that was completed under the assumption of installation of 
interim constant control equipment and no installation of any additional 
SO2 controls that the smelter would otherwise be required to 
install but for the issuance of an NSO. Applicants will be eligible for 
a temporary waiver from the interim development of constant control 
technology for sulfur dioxide emissions if the reported gross operating 
profit on Line 13 is a negative value for one or more years during which 
the NSO is in effect.

  Schedule D.4--Interim Controls Sustaining Capital Investment Forecast

    General. Use Schedule D.4 to report yearly sustaining capital 
outlays for maintenance of the smelter's existing productive capability. 
The applicant should complete Schedule D.4 twice, under two alternative 
assumptions: (1) Installation of interim constant control equipment, no 
installation of any additional SO2 controls that the smelter 
would otherwise be required to install but for the issuance of an NSO, 
and closure after January 1, 1988, and (2) installation of interim 
constant equipment and any additional SO2 controls required 
to comply with the smelter's SIP emission limitation by January 2, 1988, 
so that the smelter will remain open through the horizon period.
    Major elements of these outlays should be disclosed, as well as the 
total of such outlays. Estimates shall be restricted to those items that 
will be capitalized for tax purposes. These outlays shall primarily be 
for plant replacement, although outlays for improvements and expansion 
may be included to the extent that improvements and/or expansion, 
exclusive of required pollution control outlays, can be justified as 
economically feasible. Estimates of sustaining capital investments shall 
exclude any incremental investment for sulfur dioxide emission controls 
reported in Line 06 of Schedule D.6. Sustaining capital investments in 
facilities shared with other operating segments shall be allocated in 
accordance with the instructions given below.
    Estimates of sustaining capital shall be compatible with productive 
capacity and pollution control requirements underlying the operating 
revenue and cost forecasts incorporated in Schedule D.3.
    Line 01 to 06--Sustaining Capital. Report for each year by 
individual line item property, plant and equipment sustaining capital 
investments assignable to smelter operations. Include both (1) property, 
plant and equipment directly associated with the smelter's operations 
and (2) facilities shared with other operating segments to the extent 
that a causal and beneficial relationship can be established for the 
intersegment allocations of such facility investments.
    Attach as part of Exhibit B an explanatory schedule disclosing and 
supporting by individual line item the major elements of annual capital 
expenditures for sustaining capital. Further classify these annual 
capital expenditures into both (1) investments required to maintain the 
smelter versus investments in smelter expansion and improvements and (2) 
direct facility versus joint-use facility investments. Explain the 
method used for allocating capital expenditures on joint-use facilities 
to the smelter's operations.
    Line 07--Total Smelter Sustaining Capital. Enter for each year the 
total of Lines 01 through 06. Transfer the reported total for each year 
to Schedule D.6, Line 06.

              Schedule D.5--Cash Proceeds From Liquidation

    General. Use Schedule D.5 to calculate cash proceeds from 
liquidation. Applicants should determine the current salvage value of 
their existing investment in the smelter as the net proceeds that could 
be derived through an orderly liquidation of the smelter's assets. The 
net cash proceeds should be reported after an appropriate allowance for 
disposal costs, contractual claims against the smelter

[[Page 231]]

(e.g., labor termination penalties), and income tax effects on the 
corporation of such liquidation costs.
    The applicant must stipulate the most advantageous alternative 
market (use) for the smelter's facilities. Generally, this market will 
be:

    Secondary market for used plant and equipment.
    Sale for scrap.
    Abandonment where the disposal cost exceeds scrap value.

    The current net salvage value should be disaggregated into the same 
property, plant and equipment asset groups reported under the historical 
capital investment summary, Schedule A.4. The line items in Schedule D.5 
are explained in the following instructions.
    Line 01--Current Assets. Enter in Columns 1 and 2, the value of 
total current assets shown in Line 08 of Schedule A.4 (Historical 
Capital Investment Summary) for 1983. No gain or loss should be reported 
in Columns 3 through 5 for the liquidation of current asset investments.
    Lines 02-07--Property Plant and Equipment. Enter in Column 1 the 
appraised liquidation value (in terms of pretax cash proceeds) of the 
smelter by asset group. This estimate should be certified by a qualified 
third party professional appraiser and shall represent the best use and 
highest alternative value of these assets. The liquidation value of any 
assets which are jointly used by the smelter and other operating 
segments shall be excluded if, upon closure of the smelter, such assets 
would continue in service for the non-smelter activity.
    In Column 2, report the net book value of these assets for which 
liquidation values have been reported in Column 1. The reported values 
should correspond with amounts reported for 1982 in lines 09 through 15 
in Schedule A.4 as adjusted for appropriate eliminations of joint-use 
facilities and reconciliation to a net book value as reported for income 
taxes. Attach as part of Exhibit B supporting schedules showing all 
adjustments and conversion of the net book value as reported on the 
financial statements, to net book value that would be used for income 
tax purposes.
    Compute Column 3 as Column 1 less Column 2. The gain (or loss) shown 
in Column 3 shall be segregated into ordinary income and capital gains 
components subject to taxation pursuant to applicable income tax rules. 
Enter ordinary income in Column 4 and capital gains in Column 5.
    Line 08--Total Smelter Investment. Enter the sum of Lines 02 through 
07 for each of the columns.
    Line 09--Other Non-current Assets. In Column 1, report the appraised 
value of other non-current assets in accordance with the instructions 
for Line 18, Schedule A.4, except that any joint asset(s) that would 
continue in the event of smelter liquidation shall be excluded. This 
estimate shall be certified by a qualified third-party professional 
appraiser.
    In Column 2, report the net book value of the non-current assets 
directly corresponding to those assets included in the liquidation value 
estimated under Column 1.
    The remaining columns shall be completed in accordance with the 
instructions given above for Lines 02 and 06.
    Line 10--Total Smelter Value. Enter the sum of Lines 01, 08 and 09.
    Line 11--Total Current Liabilities. Report in both Columns 1 and 2, 
the value of total current liabilities shown in Line 25 of Schedule A.4 
for 1983.
    Line 12--Gross Liquidation Value. Enter the difference between Lines 
10 and 11.
    Line 13--Liquidation Costs. In Columns 1, 3 and 4, report the value 
of any liquidation costs such as labor contract termination penalties, 
severance pay and related costs, associated with closure of the smelter.
    Line 14--Taxable Gain (or Loss). Enter in Columns 4 and 5, the 
differences between Lines 12 and 13.
    Line 15--Income Tax Rate. Enter the sum of the Federal, State and 
local marginal tax rates of the firm for ordinary income and capital 
gains in Columns 4 and 5, respectively. Attach as part of Exhibit B a 
schedule detailing the estimated marginal tax rate by taxing entity.
    Line 16--Income Tax on Gain (or Loss). In Columns 4 and 5, enter the 
product of Line 14 and the marginal income tax rates reported in Line 
15. In Column 1, enter the sum of Columns 4 and 5.
    Line 17--After Tax Cash Proceeds. Enter in Column 1 the difference 
between Line 12 and the sum of Lines 13 and 16.

        Schedule D.6--Permanent Waiver from Interim Controls Test

    General. Applicants must complete this Schedule and its supporting 
schedules if they seek a permanent waiver from interim control 
requirements. The applicant should complete Schedule D.6 twice, with 
revenue and production projections based on two alternative assumptions: 
(1) Installation of interim constant control equipment, no installation 
of any additional SO2 controls that the smelter would 
otherwise be required to install but for the issuance of an NSO, and 
closure after January 1, 1988, and (2) installation of interim constant 
control equipment and any additional SO2 controls required to 
comply with the smelter's SIP emission limitation by January 2, 1988, so 
that the smelter will remain open through the horizon period. Forecasts 
in Schedule D.6 shall be compatible with assumptions and forecasts in 
each set of Schedules D.1 through D.4. The

[[Page 232]]

line items in Schedule D.6 are explained in the following instructions.
    Line 01--Net Income from Operations. Enter for each year the amounts 
reported in Schedule D.3, Line 24.
    Line 02--Net Income Adjustments. Enter any adjustments to net income 
not included in Schedule D.3. When assuming closure after January 1, 
1988, the applicant must include the proceeds from liquidation in 1988. 
The applicant must estimate liquidation value as of 1988 using one of 
two methods: (1) the applicant may complete Schedule D.5 assuming 
liquidation in 1988 and report the value of after-tax cash proceeds in 
Line 17; or (2) the applicant may use the value of after-tax cash 
proceeds in Line 17 of Schedule D.5, as already completed, assuming 
liquidation in the current (application) year, and expressing values in 
1988 dollars. The current liquidation value must be inflated to 1988 
dollars by applying the appropriate forecast percentage rate changes in 
the GNP price deflator. Attach explanatory supporting schedules in 
Exhibit B.
    Lines 03 and 04--Depreciation and Amortization. Enter for each year 
the amounts reported in Schedule D.3, Lines 17 and 18, respectively.
    Line 05--Operating Cash Flow. Enter for each year the total of 
amounts reported on Lines 01 through 04.
    Line 06--Pollution Controls Capital Investment. Enter the estimated 
pollution control capital outlays projected to be made under the two 
alternative sets of assumptions described in the General section of this 
schedule. These controls shall include only interim control equipment 
for the first set of assumptions and both interim control equipment and 
any additional SO2 controls required to comply with the 
smelter's SIP emission limitation by January 2, 1988, for the second set 
of assumptions. The values assumed in this schedule shall correspond to 
the investment estimates shown in each set of supporting schedules for 
Line 17 of Schedule D.3. For purposes of allocating costs of the 
additional SO2 controls under the second set of assumptions, 
applicants must provide information establishing the period over which 
capital outlays for such controls would be made if installation of the 
controls begins the latest date that would still allow compliance to be 
achieved by January 2, 1988. Changes in working capital investment due 
to investment in control facilities may be added to the capital 
investment estimates shown in the corresponding supporting schedules for 
Schedule D.3.
    Line 07--Sustaining Capital. Enter for each year the amounts 
reported in Schedule D.4, Line 07.
    Line 08--Total. Enter for each year the sum of Lines 05 and 06.
    Line 09--Net Cash Flow Projections. Enter for each year the 
difference between Lines 04 and 07.
    Line 10--Discount Factors. Enter the discount factor for each year, 
computed as described in the instructions under Section 2.6.
    Line 11--Present Value of Future Cash Flows. Enter for each year the 
product of Lines 08 and 09.
    Line 12--Horizon Value. Enter under the Total column the estimated 
horizon value of the smelter reported in Schedule D.7, Line 16.
    Line 13--Discount Factor. Enter under the Total column the 
appropriate discount factor, computed as described in the instructions 
under Section 2.6.
    Line 14--Present Value of Horizon Value. Enter under the Total 
column the product of Lines 11 and 12.
    Line 15--Present Value of Future Cash Flows. Enter under the Total 
column the sum of amounts previously reported on Line 10 for 1984 
through 1990.
    Line 16--Total Present Value. Enter the sum of Lines 13 and 14.
    Line 17--Current Salvage Value. Enter the amount reported in 
Schedule D.5, Line 17, if the value is greater than zero. If the value 
is zero or less, enter zero.
    Line 18--Net Present Value. Enter the difference between Lines 16 
and 17. In determining eligibility for a permanent waiver from interim 
control requirements, an applicant must use the higher of the two net 
present value figures computed under the two alternative assumptions. 
Applicants reporting a negative value for the higher net present value 
figure will be eligible for a permanent waiver from interim use of a 
constant control system for sulfur dioxide emissions.

 Schedule D.7--Horizon Value of Cash Flows for the Interim Controls Test

    General. Use Schedule D.7 to calculate the horizon value of net cash 
flow projections for the Interim Controls Test. This horizon value is 
used in Schedule D.6. The computation of the horizon value is different 
for this test than for the Profit Protection Test because this test 
requires the reporting of depreciation for tax purposes.
    In Schedule D.7, the applicant removes the tax savings of control 
equipment depreciation from the cash flows for the last two forecast 
years. A depreciation-free horizon value is then calculated from these 
depreciation-free cash flows. The tax savings of constant controls 
depreciation during the horizon years are then calculated separately. 
The final horizon value is equal to the sum of the depreciation-free 
horizon value and the tax savings from depreciation of constant controls 
accruing over the horizon years. The line items in Schedule D.7 are 
explained in the following instruction.

[[Page 233]]

    Line 01--Net Cash Flow Projections. Enter for each of the final two 
forecast years the values in Schedule D.6, Line 09, for the 
corresponding years.
    Line 02--Depreciation and Amortization. Enter for each of the final 
two forecast years the value in Schedule D.6, Line 03, for the 
corresponding years.
    Line 03--Marginal Tax Rate. Enter for each of the final two forecast 
years the marginal income tax rate applicable to the smelter. This rate 
should incorporate both Federal and State tax liability.
    Line 04--Tax Savings. Enter for each of the final two forecast years 
the product of Lines 02 and 03.
    Line 05--Nominal Dollar Values. Enter for each of the final two 
forecast years the difference between Lines 01 and 04.
    Line 06--1990 Dollar Values. For each of the final two forecast 
years the nominal dollar values must be expressed in the last forecast 
year's dollars (1990 dollars). Transfer the 1990 amount in Line 05 
directly to Line 06. Inflate the 1989 amount to 1990 dollars using the 
forecast GNP price deflator.
    Line 07--Average. Enter under the Total column the average of the 
two values in Line 06.
    Line 08--Horizon Factor. Enter under the Total column the horizon 
factor provided in Section 2.7.
    Line 09--Depreciation-free Horizon Value. Enter under the Total 
column the product of Lines 07 and 08.
    Line 10--Depreciation and Amortization. Enter for each year of the 
horizon period depreciation charges associated with the smelter's 
investment in equipment and facilities related to pollution controls. 
These investments should include those actually made and those forecast 
to be made by the end of the forecast period. Reported charges should be 
computed in accordance with depreciation and amortization methods 
adopted for tax reporting purposes by the firm. Attach as part of 
exhibit B supporting schedules consistent with those supporting Line 17 
in Schedule D.3.
    Line 11--Marginal Tax Rate. Enter for each year of the horizon 
period the marginal income tax rate applicable to the smelter. This rate 
should incorporate both Federal and State tax liability.
    Line 12--Tax Savings. Enter for each year of the horizon period the 
product of Lines 10 and 11.
    Line 13--Discount Factors. Enter the discount factor for each year 
of the horizon period. This shall be computed according to the 
instructions under Section 2.6, except that the variable N found in the 
discount factor formula represents the number of years in the future, 
counting from the last forecast year. For example, N = 1 for the first 
year of the horizon period.
    Line 14--Present Value of Tax Savings. Enter for each year of the 
horizon period the product of Lines 12 and 13.
    Line 15--Total Present Value of Tax Savings. Enter under the Total 
column the sum of values on Line 14 for the horizon years.
    Line 16--Horizon Value. Enter under the Total column the sum of 
Lines 09 and 15.

                     Environmental Protection Agency

              Primary Nonferrous Smelter Order Application

                   Part I--Identification Information

1. Firm name____________________________________________________________
2. Street/Box/RFD_______________________________________________________
3. City_________________________________________________________________
4. State________________________________________________________________
5. Zip Code_____________________________________________________________
6. IRS Employer Identification No.______________________________________
7. SEC 1934 Act Registration No.________________________________________
8. Smelter Name_________________________________________________________
9. Street/Box/RFD_______________________________________________________
10. City________________________________________________________________
11. State_______________________________________________________________
12. Zip Code____________________________________________________________
13. Contact Person______________________________________________________
14. Title_______________________________________________________________
15. Street/Box/RFD______________________________________________________
16. City________________________________________________________________
17. State_______________________________________________________________
18. Zip Code____________________________________________________________
19. Telephone___________________________________________________________

                         Part II--Certification

    I certify that the information provided herein and appended hereto 
is true and accurate to the best of my knowledge. I understand that this 
information is being required, in part, under the authority of Section 
114 of the Clean Air Act, 42 U.S.C. 7414.

Name____________________________________________________________________
Title___________________________________________________________________
Signature_______________________________________________________________
Date____________________________________________________________________

                                      Schedule A.1--Historical Revenue Data
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                                              Line     1979     1980     1981     1982     1983
----------------------------------------------------------------------------------------------------------------
A. Copper product sales:
    1. Total quantity sold................................       01  .......  .......  .......  .......  .......
    2. Unaffiliated customer sales:
        a. Quantity sold..................................        2  .......  .......  .......  .......  .......
        b. Operating revenue..............................       03  .......  .......  .......  .......  .......

[[Page 234]]

 
        c. Average unit price.............................       04  .......  .......  .......  .......  .......
        d. Average product grade..........................       05  .......  .......  .......  .......  .......
    3. Affiliated customers sales:
        a. Quantity sold..................................       06  .......  .......  .......  .......  .......
        b. Operating revenue..............................       07  .......  .......  .......  .......  .......
        c. Average unit price.............................       08  .......  .......  .......  .......  .......
        d. Average product grade..........................       09  .......  .......  .......  .......  .......
    4. Adjusted copper revenues:
        a. Total copper revenues..........................       10  .......  .......  .......  .......  .......
        b. Transfer price adjustment......................       11  .......  .......  .......  .......  .......
        c. Other revenue adjustments......................       12  .......  .......  .......  .......  .......
        d. Adjusted copper revenues.......................       13  .......  .......  .......  .......  .......
B. Lead product sales:
    1. Total quantity sold................................       14  .......  .......  .......  .......  .......
    2. Unaffiliated customer sales:
        a. Quantity sold..................................       15  .......  .......  .......  .......  .......
        b. Operating revenue..............................       16  .......  .......  .......  .......  .......
        c. Average unit price.............................       17  .......  .......  .......  .......  .......
        d. Average product grade..........................       18  .......  .......  .......  .......  .......
    3. Affiliated customer sales:
        a. Quantity sold..................................       19  .......  .......  .......  .......  .......
        b. Operating revenue..............................       20  .......  .......  .......  .......  .......
        c. Average unit price.............................       21  .......  .......  .......  .......  .......
        d. Average product grade..........................       22  .......  .......  .......  .......  .......
    4. Adjusted lead revenues:
        a. Total lead revenues............................       23  .......  .......  .......  .......  .......
        b. Transfer price adjustment......................       24  .......  .......  .......  .......  .......
        c. Other revenue adjustments......................       25  .......  .......  .......  .......  .......
        d. Adjusted lead revenues.........................       26  .......  .......  .......  .......  .......
C. Zinc product sales:
    1. Total quantity sold................................       27  .......  .......  .......  .......  .......
    2. Unaffiliated customer sales:
        a. Quantity sold..................................       28  .......  .......  .......  .......  .......
        b. Operating revenue..............................       29  .......  .......  .......  .......  .......
        c. Average unit price.............................       30  .......  .......  .......  .......  .......
        d. Average product grade..........................       31  .......  .......  .......  .......  .......
    3. Affiliated customer sales:
        a. Quantity sold..................................       32  .......  .......  .......  .......  .......
        b. Operating revenue..............................       33  .......  .......  .......  .......  .......
        c. Average unit price.............................       34  .......  .......  .......  .......  .......
        d. Average product grade..........................       35  .......  .......  .......  .......  .......
    4. Adjusted zinc revenues:
        a. Total zinc revenues............................       36  .......  .......  .......  .......  .......
        b. Transfer price adjustment......................       37  .......  .......  .......  .......  .......
        c. Other revenue adjustments......................       38  .......  .......  .......  .......  .......
        d. Adjusted zinc revenues.........................       39  .......  .......  .......  .......  .......
D. Molybdenum or other nonferrous metal sales:
    1. Total quantity sold................................       40  .......  .......  .......  .......  .......
    2. Unaffiliated customer sales:
        a. Quantity sold..................................       41  .......  .......  .......  .......  .......
        b. Operating revenue..............................       42  .......  .......  .......  .......  .......
        c. Average unit price.............................       43  .......  .......  .......  .......  .......
        d. Average product grade..........................       44  .......  .......  .......  .......  .......
    3. Affiliated customer sales:
        a. Quantity sold..................................       45  .......  .......  .......  .......  .......
        b. Operating revenue..............................       46  .......  .......  .......  .......  .......
        c. Average unit price.............................       47  .......  .......  .......  .......  .......
        d. Average product grade..........................       48  .......  .......  .......  .......  .......
    4. Adjusted molybdenum or other nonferrous metal
     revenues:
        a. Total molybdenum or other nonferrous metal            49  .......  .......  .......  .......  .......
         revenues.........................................
        b. Transfer price adjustment......................       50  .......  .......  .......  .......  .......
        c. Other revenue adjustments......................       51  .......  .......  .......  .......  .......
        d. Adjusted molybdenum or other nonferrous metal         52  .......  .......  .......  .......  .......
         revenues.........................................
E. Primary metal revenues.................................       53  .......  .......  .......  .......  .......
F. Tolling service revenues:
    1. Total toll concentrates processed..................       54  .......  .......  .......  .......  .......
    2. Unaffiliated customer revenues:
        a. Concentrates processed.........................       55  .......  .......  .......  .......  .......

[[Page 235]]

 
        b. Operating revenue..............................       56  .......  .......  .......  .......  .......
        c. Average unit price.............................       57  .......  .......  .......  .......  .......
        d. Average product grade..........................       58  .......  .......  .......  .......  .......
    3. Affiliated customer revenues:
        a. Concentrates processed.........................       59  .......  .......  .......  .......  .......
        b. Operating revenue..............................       60  .......  .......  .......  .......  .......
        c. Average unit price.............................       61  .......  .......  .......  .......  .......
        d. Average product grade..........................       62  .......  .......  .......  .......  .......
    4. Adjusted tolling service revenues:
        a. Total tolling service revenue..................       63  .......  .......  .......  .......  .......
        b. Transfer price adjustment......................       64  .......  .......  .......  .......  .......
        c. Other revenue adjustments......................       65  .......  .......  .......  .......  .......
        d. Adjusted tolling service revenues..............       66  .......  .......  .......  .......  .......
G. Coproduct and byproduct sales:
    1. Total coproduct revenues...........................       67  .......  .......  .......  .......  .......
    2. Total byproduct revenues:
        a. Pollution control facilities...................       68  .......  .......  .......  .......  .......
        b. Other smelter processing.......................       69  .......  .......  .......  .......  .......
    3. Total coproduct and byproduct revenues.............       70  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                                       Schedule A.2--Historical Cost Data
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                                              Line     1979     1980     1981     1982     1983
----------------------------------------------------------------------------------------------------------------
A. Concentrate costs:
    1. Total quantity purchased...........................       01  .......  .......  .......  .......  .......
    2. Unaffiliated purchases:
        a. Quantity purchased.............................       02  .......  .......  .......  .......  .......
        b. Concentrate cost...............................       03  .......  .......  .......  .......  .......
        c. Average unit price.............................       04  .......  .......  .......  .......  .......
        d. Average concentrate grade......................       05  .......  .......  .......  .......  .......
    3. Affiliated purchases:
        a. Quantity purchased.............................       06  .......  .......  .......  .......  .......
        b. Concentrate cost...............................       07  .......  .......  .......  .......  .......
        c. Average unit price.............................       08  .......  .......  .......  .......  .......
        d. Average concentrate grade......................       09  .......  .......  .......  .......  .......
    4. Adjusted concentrate costs:
        a. Total concentrate costs........................       10  .......  .......  .......  .......  .......
        b. Transfer price adjustment......................       11  .......  .......  .......  .......  .......
        c. Other cost adjustments.........................       12  .......  .......  .......  .......  .......
        d. Adjusted concentrate cost......................       13  .......  .......  .......  .......  .......
B. Production labor cost:
    1. Direct labor hours.................................       14  .......  .......  .......  .......  .......
    2. Average hourly wage rate...........................       15  .......  .......  .......  .......  .......
    3. Total wage payments................................       16  .......  .......  .......  .......  .......
    4. Supplemental employee benefits.....................       17  .......  .......  .......  .......  .......
    5. Total production labor cost........................       18  .......  .......  .......  .......  .......
C. Energy costs:
    1. Electricity:
        a. Quantity in kilowatt hours.....................       19  .......  .......  .......  .......  .......
        b. Price per kwh..................................       20  .......  .......  .......  .......  .......
        c. Total electricity payments.....................       21  .......  .......  .......  .......  .......
    2. Natural gas:
        a. Quantity in mcf................................       22  .......  .......  .......  .......  .......
        b. Price per mcf..................................       23  .......  .......  .......  .......  .......
        c. Total natural gas payments.....................       24  .......  .......  .......  .......  .......
    3. Coal:
        a. Quantity in tons...............................       25  .......  .......  .......  .......  .......
        b. Price per ton..................................       26  .......  .......  .......  .......  .......
        c. Total coal payments............................       27  .......  .......  .......  .......  .......
    4. Fuel oil:
        a. Quantity in gallons............................       28  .......  .......  .......  .......  .......
        b. Price per gallon...............................       29  .......  .......  .......  .......  .......
        c. Total fuel oil payments........................       30  .......  .......  .......  .......  .......
    5. Other (specify):
        a. Quantity (specific units)......................       31  .......  .......  .......  .......  .......
        b. Price per unit.................................       32  .......  .......  .......  .......  .......
        c. Total payments.................................       33  .......  .......  .......  .......  .......
    6. Total energy costs.................................       34  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


[[Page 236]]


                                Schedule A.3--Historical Profit and Loss Summary
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                                              Line     1979     1980     1981     1982     1983
----------------------------------------------------------------------------------------------------------------
A. Operating revenues:
    1. Primary metal sales................................       01  .......  .......  .......  .......  .......
    2. Coproduct and byproduct sales......................       02  .......  .......  .......  .......  .......
    3. Tolling service revenues...........................       03  .......  .......  .......  .......  .......
    4. Other operating revenues...........................       04  .......  .......  .......  .......  .......
    5. Total operating revenues...........................       05  .......  .......  .......  .......  .......
B. Cost of sales:
    1. Concentrates processed.............................       06  .......  .......  .......  .......  .......
    2. Other materials....................................       07  .......  .......  .......  .......  .......
    3. Production labor...................................       08  .......  .......  .......  .......  .......
    4. Energy costs.......................................       09  .......  .......  .......  .......  .......
    5. Pollution control cost.............................       10  .......  .......  .......  .......  .......
    6. Production overhead................................       11  .......  .......  .......  .......  .......
    7. Other production costs.............................       12  .......  .......  .......  .......  .......
    8. Total cost of sales................................       13  .......  .......  .......  .......  .......
C. Gross operating profit.................................       14  .......  .......  .......  .......  .......
D. Other operating expenses:
    1. Selling general and administrative.................       15  .......  .......  .......  .......  .......
    2. Taxes, other than income tax.......................       16  .......  .......  .......  .......  .......
    3. Research costs.....................................       17  .......  .......  .......  .......  .......
    4. Depreciation and amortization:
        a. Pollution control facilities...................       18  .......  .......  .......  .......  .......
        b. Other smelter facilities.......................       19  .......  .......  .......  .......  .......
    5. Interest on short term debt........................       20  .......  .......  .......  .......  .......
    6. Miscellaneous operating expenses...................       21  .......  .......  .......  .......  .......
    7. Total other operating expenses.....................       22  .......  .......  .......  .......  .......
E. Income from operations.................................       23  .......  .......  .......  .......  .......
F. Other income and (expense):
    1. Gain/(loss) on disposition of property.............       24  .......  .......  .......  .......  .......
    2. Miscellaneous other income and (expense)...........       25  .......  .......  .......  .......  .......
    3. Total other income and (expense)...................       26  .......  .......  .......  .......  .......
G. Net taxable income.....................................       27  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                               Schedule A.4--Historical Capital Investment Summary
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                                              Line     1979     1980     1981     1982     1983
----------------------------------------------------------------------------------------------------------------
A. Current assets:
    1. Cash on hand and deposit...........................       01  .......  .......  .......  .......  .......
    2. Temporary cash investments.........................       02  .......  .......  .......  .......  .......
    3. Trade receivables, net:
        a. Unaffiliated customers.........................       03  .......  .......  .......  .......  .......
        b. Affiliated customers...........................       04  .......  .......  .......  .......  .......
    4. Inventories:
        a. Raw materials and products.....................       05  .......  .......  .......  .......  .......
        b. Other materials and supplies...................       06  .......  .......  .......  .......  .......
    5. Other current assets...............................       07  .......  .......  .......  .......  .......
    6. Total current assets...............................       08  .......  .......  .......  .......  .......
B. Property, plant and equipment:
    1. Land...............................................       09  .......  .......  .......  .......  .......
    2. Buildings and improvements.........................       10  .......  .......  .......  .......  .......
    3. Machinery and equipment............................       11  .......  .......  .......  .......  .......
    4. Transportation equipment...........................       12  .......  .......  .......  .......  .......
    5. Pollution control facilities.......................       13  .......  .......  .......  .......  .......
    6. Other fixed assets.................................       14  .......  .......  .......  .......  .......
    7. Total smelter investment...........................       15  .......  .......  .......  .......  .......
    8. Less: Accumulated depreciation and amortization....       16  .......  .......  .......  .......  .......
    9. Net smelter investment.............................       17  .......  .......  .......  .......  .......
C. Other noncurrent assets................................       18  .......  .......  .......  .......  .......
D. Total smelter capital investment.......................       19  .......  .......  .......  .......  .......
E. Current liabilities:
    1. Trade accounts and notes payable:
        a. Unaffiliated suppliers.........................       20  .......  .......  .......  .......  .......
        b. Affiliated suppliers...........................       21  .......  .......  .......  .......  .......
    2. Other expense accruals.............................       22  .......  .......  .......  .......  .......
    3. Notes payable, current.............................       23  .......  .......  .......  .......  .......
    4. Other current liabilities..........................       24  .......  .......  .......  .......  .......
    5. Total current liabilities..........................       25  .......  .......  .......  .......  .......
F. Net smelter capital investment.........................       26  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


[[Page 237]]


                                    Schedule B--Pre-Control Revenue Forecast
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast smelter revenues--
 unaffiliated parties:
    1. Concentrates processed...........       01  .......  .......  .......  .......  .......  .......  .......
    2. Smelting charge..................       02  .......  .......  .......  .......  .......  .......  .......
    3. Total smelter revenues...........       03  .......  .......  .......  .......  .......  .......  .......
    4. Average product grade............       04  .......  .......  .......  .......  .......  .......  .......
B. Forecast smelter revenues--affiliated
 parties:
    1. Concentrates processed...........       05  .......  .......  .......  .......  .......  .......  .......
    2. Smelting charge..................       06  .......  .......  .......  .......  .......  .......  .......
    3. Total smelter revenues...........       07  .......  .......  .......  .......  .......  .......  .......
    4. Average product grade............       08  .......  .......  .......  .......  .......  .......  .......
C. Forecast co-product and by-product
 sales:
    1. Total co-product revenues........       09  .......  .......  .......  .......  .......  .......  .......
    2. Total by-product revenues from:
        a. Pollution control facilities.       10  .......  .......  .......  .......  .......  .......  .......
        b. Other smelter processing.....       11  .......  .......  .......  .......  .......  .......  .......
    3. Total co-product and by-product         12  .......  .......  .......  .......  .......  .......  .......
     revenues...........................
----------------------------------------------------------------------------------------------------------------


                                     Schedule B.2--Pre-Control Cost Forecast
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast production labor cost:
    1. Direct labor hours...............       01  .......  .......  .......  .......  .......  .......  .......
    2. Average hourly wage rate.........       02  .......  .......  .......  .......  .......  .......  .......
    3. Total wage payments..............       03  .......  .......  .......  .......  .......  .......  .......
    4. Supplemental employee benefits...       04  .......  .......  .......  .......  .......  .......  .......
    5. Total production labor cost......       05  .......  .......  .......  .......  .......  .......  .......
B. Forecast energy costs:
    1. Electricity:
        a. Quantity in kilowatt hours...       06  .......  .......  .......  .......  .......  .......  .......
        b. Price per kwh................       07  .......  .......  .......  .......  .......  .......  .......
        c. Total electricity payments...       08  .......  .......  .......  .......  .......  .......  .......
    2. Natural gas:
        a. Quantity in mcf..............       09  .......  .......  .......  .......  .......  .......  .......
        b. Price per mcf................       10  .......  .......  .......  .......  .......  .......  .......
        c. Total natural gas payments...       11  .......  .......  .......  .......  .......  .......  .......
    3. Coal:
        a. Quantity in tons.............       12  .......  .......  .......  .......  .......  .......  .......
        b. Price per ton................       13  .......  .......  .......  .......  .......  .......  .......
        c. Total coal payments..........       14  .......  .......  .......  .......  .......  .......  .......
    4. Fuel oil:
        a. Quantity in gallons..........       15  .......  .......  .......  .......  .......  .......  .......
        b. Price per gallon.............       16  .......  .......  .......  .......  .......  .......  .......
        c. Total fuel oil payments......       17  .......  .......  .......  .......  .......  .......  .......
    5. Other (specify):
        a. Quantity (specific units)....       18  .......  .......  .......  .......  .......  .......  .......
        b. Price per unit...............       19  .......  .......  .......  .......  .......  .......  .......
        c. Total payments...............       20  .......  .......  .......  .......  .......  .......  .......
    6. Total energy costs...............       21  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                           Schedule B.3--Pre-Control Forecast Profit and Loss Summary
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast operating revenues:
    1. Smelter revenues--unaffiliated          01  .......  .......  .......  .......  .......  .......  .......
     parties............................
    2. Smelter revenues--affiliated            02  .......  .......  .......  .......  .......  .......  .......
     parties............................
    3. Co-product and by-product sales..       03  .......  .......  .......  .......  .......  .......  .......
    4. Other operating revenues.........       04  .......  .......  .......  .......  .......  .......  .......
    5. Total operating revenues.........       05  .......  .......  .......  .......  .......  .......
B. Forecast cost of sales:
    1. Material costs...................       06  .......  .......  .......  .......  .......  .......  .......
    2. Production labor costs...........       07  .......  .......  .......  .......  .......  .......
    3. Energy costs.....................       08  .......  .......  .......  .......  .......  .......  .......

[[Page 238]]

 
    4. Pollution control costs..........       09  .......  .......  .......  .......  .......  .......  .......
    5. Production overhead..............       10  .......  .......  .......  .......  .......  .......  .......
    6. Other production costs...........       11  .......  .......  .......  .......  .......  .......  .......
    7. Total cost of sales..............       12  .......  .......  .......  .......  .......  .......  .......
C. Forecast gross operating profit......       13  .......  .......  .......  .......  .......  .......  .......
D. Forecast other operating expenses:
    1. Selling, general and                    14  .......  .......  .......  .......  .......  .......  .......
     administrative expenses............
    2. Taxes, other than income tax.....       15  .......  .......  .......  .......  .......  .......  .......
    3. Research costs...................       16  .......  .......  .......  .......  .......  .......  .......
    4. Depreciation and amortization:
        a. Pollution control facilities.       17  .......  .......  .......  .......  .......  .......  .......
        b. Other smelter facilities.....       18  .......  .......  .......  .......  .......  .......  .......
    5. Interest.........................       19  .......  .......  .......  .......  .......  .......  .......
    6. Miscellaneous operating expenses.       20  .......  .......  .......  .......  .......  .......  .......
    7. Total other operating expenses...       21  .......  .......  .......  .......  .......  .......  .......
E. Forecast income from operations......       22  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                                Schedule B.4--Constant Controls Revenue Forecast
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast smelter revenues--
 unaffiliated parties:
    1. Concentrates processed...........       01  .......  .......  .......  .......  .......  .......  .......
    2. Smelting charge..................       02  .......  .......  .......  .......  .......  .......  .......
    3. Total smelter revenues...........       03  .......  .......  .......  .......  .......  .......  .......
    4. Average product grade............       04  .......  .......  .......  .......  .......  .......  .......
B. Forecast smelter revenues--affiliated
 parties:
    1. Concentrates processed...........       05  .......  .......  .......  .......  .......  .......  .......
    2. Smelting charge..................       06  .......  .......  .......  .......  .......  .......  .......
    3. Total smelter revenues...........       07  .......  .......  .......  .......  .......  .......  .......
    4. Average product grade............       08
C. Forecast co-product and by-product
 sales:
    1. Total co-product revenues........       09  .......  .......  .......  .......  .......  .......  .......
    2. Total by-product revenues from:
        a. Pollution control facilities.       10  .......  .......  .......  .......  .......  .......  .......
        b. Other smelter processing.....       11  .......  .......  .......  .......  .......  .......  .......
    3. Total co-product and by-product         12  .......  .......  .......  .......  .......  .......  .......
     revenues...........................
----------------------------------------------------------------------------------------------------------------


                                  Schedule B.5--Constant Controls Cost Forecast
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast production labor cost:
    1. Direct labor hours...............       01  .......  .......  .......  .......  .......  .......  .......
    2. Average hourly wage rate.........       02  .......  .......  .......  .......  .......  .......  .......
    3. Total wage payments..............       03  .......  .......  .......  .......  .......  .......  .......
    4. Supplemental employee benefits...       04  .......  .......  .......  .......  .......  .......  .......
    5. Total production labor cost......       05  .......  .......  .......  .......  .......  .......  .......
B. Forecast energy costs:
    1. Electricity:
        a. Quantity in kilowatt hours...       06  .......  .......  .......  .......  .......  .......  .......
        b. Price per kwh................       07  .......  .......  .......  .......  .......  .......  .......
        c. Total electricity payments...       08  .......  .......  .......  .......  .......  .......  .......
    2. Natural gas:
        a. Quantity in mcf..............       09  .......  .......  .......  .......  .......  .......  .......
        b. Price per mcf................       10  .......  .......  .......  .......  .......  .......  .......
        c. Total natural gas payments...       11  .......  .......  .......  .......  .......  .......  .......
    3. Coal:
        a. Quantity in tons.............       12  .......  .......  .......  .......  .......  .......  .......
        b. Price per ton................       13  .......  .......  .......  .......  .......  .......  .......
        c. Total coal payments..........       14  .......  .......  .......  .......  .......  .......  .......
    4. Fuel oil:
        a. Quantity in gallons..........       15  .......  .......  .......  .......  .......  .......  .......
        b. Price per gallon.............       16  .......  .......  .......  .......  .......  .......  .......

[[Page 239]]

 
        c. Total fuel oil payments......       17  .......  .......  .......  .......  .......  .......  .......
    5. Other (specify):
        a. Quantity (specific units)....       18  .......  .......  .......  .......  .......  .......  .......
        b. Price per unit...............       19  .......  .......  .......  .......  .......  .......  .......
        c. Total payments...............       20  .......  .......  .......  .......  .......  .......  .......
    6. Total energy costs...............       21  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


             Schedule B.6--Constant Controls Profit and Loss Summary for the Profit Protection Test
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast operating revenues:
    1. Smelter revenues--unaffiliated          01  .......  .......  .......  .......  .......  .......  .......
     parties............................
    2. Smelter revenues--affiliated            02  .......  .......  .......  .......  .......  .......  .......
     parties............................
    3. Co-product and by-product sales..       03  .......  .......  .......  .......  .......  .......  .......
    4. Other operating revenues.........       04  .......  .......  .......  .......  .......  .......  .......
    5. Total operating revenues.........       05  .......  .......  .......  .......  .......  .......  .......
B. Forecast cost of sales:
    1. Material costs...................       06  .......  .......  .......  .......  .......  .......  .......
    2. Production labor costs...........       07  .......  .......  .......  .......  .......  .......  .......
    3. Energy costs.....................       08  .......  .......  .......  .......  .......  .......  .......
    4. Pollution control costs..........       09  .......  .......  .......  .......  .......  .......  .......
    5. Production overhead..............       10  .......  .......  .......  .......  .......  .......  .......
    6. Other production costs...........       11  .......  .......  .......  .......  .......  .......  .......
    7. Total cost of sales..............       12  .......  .......  .......  .......  .......  .......  .......
C. Forecast gross operating profit......       13  .......  .......  .......  .......  .......  .......  .......
D. Forecast other operating expenses:
    1. Selling, general and                    14  .......  .......  .......  .......  .......  .......  .......
     administrative expenses............
    2. Taxes, other than income tax.....       15  .......  .......  .......  .......  .......  .......  .......
    3. Research costs...................       16  .......  .......  .......  .......  .......  .......  .......
    4. Depreciation and amortization:
        a. Pollution control facilities.       17  .......  .......  .......  .......  .......  .......  .......
        b. Other smelter facilities.....       18  .......  .......  .......  .......  .......  .......  .......
    5. Interest.........................       19  .......  .......  .......  .......  .......  .......  .......
    6. Miscellaneous operating expenses.       20  .......  .......  .......  .......  .......  .......  .......
    7. Total other operating expenses...       21  .......  .......  .......  .......  .......  .......  .......
E. Forecast income from operations......       22  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                                      Schedule B.7--Profit Protection Test
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                   Line     1984     1985     1986     1987     1988     1989     1990    Total
----------------------------------------------------------------------------------------------------------------
A. Pre-control case:
    1. Net income from                01  .......  .......  .......  .......  .......  .......  .......     XXXX
     operations................
    2. Discount factors........       02  .......  .......  .......  .......  .......  .......  .......     XXXX
    3. Present value of future        03  .......  .......  .......  .......  .......  .......  .......     XXXX
     net income................
    4. Horizon value...........       04     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    5. Discount factor.........       05     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    6. Present value of horizon       06     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     value.....................
    7. Present value of future        07     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     net income................
    8. Total present value.....       08     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
B. Constant controls case:
    1. Net income from                09  .......  .......  .......  .......  .......  .......  .......     XXXX
     operations................
    2. Discount factors........       10  .......  .......  .......  .......  .......  .......  .......     XXXX
    3. Present value of future        11  .......  .......  .......  .......  .......  .......  .......     XXXX
     net income................
    4. Horizon value...........       12     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    5. Discount factor.........       13     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    6. Present value of horizon       14     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     value.....................

[[Page 240]]

 
    7. Present value of future        15     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     net income................
    8. Total present value.....       16     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
C. Ratio of total present value       17     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
 of constant controls case to
 total, present value of base
 case..........................
----------------------------------------------------------------------------------------------------------------


               Schedule C.1--Constant Controls Profit and Loss Summary for the Rate of Return Test
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast operating revenues:
    1. Smelter revenues--unaffilated           01  .......  .......  .......  .......  .......  .......  .......
     parties............................
    2. Smelter revenues--affiliated            02  .......  .......  .......  .......  .......  .......  .......
     parties............................
    3. Co-product and by-product sales..       03  .......  .......  .......  .......  .......  .......  .......
    4. Other operating revenues.........       04  .......  .......  .......  .......  .......  .......  .......
    5. Total operating revenues.........       05  .......  .......  .......  .......  .......  .......  .......
B. Forecast cost of sales:
    1. Material costs...................       06  .......  .......  .......  .......  .......  .......  .......
    2. Production labor costs...........       07  .......  .......  .......  .......  .......  .......  .......
    3. Energy costs.....................       08  .......  .......  .......  .......  .......  .......  .......
    4. Pollution control costs..........       09  .......  .......  .......  .......  .......  .......  .......
    5. Production overhead..............       10  .......  .......  .......  .......  .......  .......  .......
    6. Other production costs...........       11  .......  .......  .......  .......  .......  .......  .......
    7. Total cost of sales..............       12  .......  .......  .......  .......  .......  .......  .......
C. Forecast gross operating profit......       13  .......  .......  .......  .......  .......  .......  .......
D. Forecast other operating expenses:
    1. Selling, general and                    14  .......  .......  .......  .......  .......  .......  .......
     administrative expenses............
    2. Taxes, other than income tax.....       15  .......  .......  .......  .......  .......  .......  .......
    3. Research costs...................       16  .......  .......  .......  .......  .......  .......  .......
    4. Depreciation and amortization
        a. Pollution control facilities.       17  .......  .......  .......  .......  .......  .......  .......
        b. Other smelter facilities.....       18  .......  .......  .......  .......  .......  .......  .......
    5. Interest on short-term debt......       19  .......  .......  .......  .......  .......  .......  .......
    6. Miscellaneous operating expenses.       20  .......  .......  .......  .......  .......  .......  .......
    7. Total other operating expenses...       21  .......  .......  .......  .......  .......  .......  .......
E. Forecast income from operations......       22  .......  .......  .......  .......  .......  .......  .......
F. Forecast income taxes................       23  .......  .......  .......  .......  .......  .......  .......
G. Forecast net income from operations..       24  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                     Schedule C.2--Constant Controls Sustaining Capital Investment Forecast
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
           Sustaining capital               Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
1. Land.................................       01  .......  .......  .......  .......  .......  .......  .......
2. Buildings and improvements...........       02  .......  .......  .......  .......  .......  .......  .......
2. Machinery and equipment..............       03  .......  .......  .......  .......  .......  .......  .......
4. Transportation equipment.............       04  .......  .......  .......  .......  .......  .......  .......
5. Pollution control facilities.........       05  .......  .......  .......  .......  .......  .......  .......
6. Other fixed assets...................       06  .......  .......  .......  .......  .......  .......  .......
7. Total smelter sustaining capital.....       07  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                         Schedule C.3--Historical Capital Investment in Constant Dollars
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                                                                             Nominal    Constant
                         Items from 1983 balance sheet                              Line     dollars    dollars
----------------------------------------------------------------------------------------------------------------
A. Current assets:
    1. Cash on hand and deposit................................................         01  .........  .........
    2. Temporary cash investments..............................................         02  .........  .........
    3. Trade receivables, net:
        a. Unaffiliated customers..............................................         03  .........  .........

[[Page 241]]

 
        b. Affiliated customers................................................         04  .........  .........
    4. Inventories:
        a. Raw materials and products..........................................         05  .........  .........
        b. Other materials and supplies........................................         06  .........  .........
    5. Other current assets....................................................         07  .........  .........
    6. Total current assets....................................................         08  .........  .........
B. Property, plant and equipment:
    1. Land....................................................................         09  .........  .........
    2. Buildings and improvements..............................................         10  .........  .........
    3. Machinery and equipment.................................................         11  .........  .........
    4. Transportation equipment................................................         12  .........  .........
    5. Pollution control facilities............................................         13  .........  .........
    6. Other fixed assets......................................................         14  .........  .........
    7. Total smelter investments...............................................         15  .........  .........
    8. Less: Accumulated depreciation and amortization.........................         16  .........  .........
    9. Net smelter investment..................................................         17  .........  .........
C. Other noncurrent assets.....................................................         18  .........  .........
D. Total smelter capital investment............................................         19  .........  .........
E. Current liabilities:
    1. Trade accounts and notes payable:
        a. Unaffiliated suppliers..............................................         20  .........  .........
        b. Affiliated suppliers................................................         21  .........  .........
    2. Other expense accruals..................................................         22  .........  .........
    3. Notes payable, current..................................................         23  .........  .........
    4. Other current liabilities...............................................         24  .........  .........
    5. Total current liabilities...............................................         25  .........  .........
F. Net smelter capital investment..............................................         26  .........  .........
----------------------------------------------------------------------------------------------------------------


                                        Schedule C.4--Rate of Return Test
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                   Line     1984     1985     1986     1987     1988     1989     1990    Total
----------------------------------------------------------------------------------------------------------------
A. Operating cash flow
 projection:
    1. Net income from                01  .......  .......  .......  .......  .......  .......  .......     XXXX
     operations................
    2. Depreciation and
     amortization:
        a. Pollution control          02  .......  .......  .......  .......  .......  .......  .......     XXXX
         facilities............
        b. Other smelter              03  .......  .......  .......  .......  .......  .......  .......     XXXX
         facilities............
    3. Operating cash flow.....       04  .......  .......  .......  .......  .......  .......  .......     XXXX
    4. Capital expenditure
     projections:
        a. Constant controls...       05  .......  .......  .......  .......  .......  .......  .......     XXXX
        b. Sustaining capital..       06  .......  .......  .......  .......  .......  .......  .......     XXXX
        c. Total...............       07  .......  .......  .......  .......  .......  .......  .......     XXXX
    5. Net cash flow                  08  .......  .......  .......  .......  .......  .......  .......     XXXX
     projections...............
    6. Discount factors........       09  .......  .......  .......  .......  .......  .......  .......     XXXX
    7. Present value of future        10  .......  .......  .......  .......  .......  .......  .......     XXXX
     cash flows................
B. Net present value:
    1. Horizon value...........       11     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    2. Discount factor.........       12     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    3. Present value of horizon       13     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     value.....................
    4. Present value of future        14     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     cash flows................
    5. Total present value.....       15     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    6. Net smelter capital            16     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     investment in constant
     dollars...................
    7. Net present value.......       17     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
----------------------------------------------------------------------------------------------------------------


[[Page 242]]


                                    Schedule C.5--Horizon Value of Cash Flows
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                           Final forecast                       Horizon years
                                                years      -----------------------------------------------------
                                   Line  ------------------
                                            1989     1990     1991     1992     1993     1994     1995    Total
----------------------------------------------------------------------------------------------------------------
A. Depreciation-free horizon
 value:
    1. Net cash flow                  01  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
     projections...............
    2. Depreciation tax
     savings:
        a. Depreciation and           02  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
         amortization..........
        b. Marginal tax rate...       03  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
        c. Tax savings.........       04  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
    3. Depreciation-free net
     cash flows:
        a. Nominal dollar             05  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
         values................
        b. 1990 dollar values..       06  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
        c. Average.............       07     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    4. Horizon factor..........       08     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    5. Depreciation-free              09     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     horizon value.............
B. Depreciation tax savings
 over the horizon period:
    1. Depreciation and               10     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
     amortization..............
    2. Marginal tax rate.......       11     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
    3. Tax savings.............       12     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
    4. Discount factors........       13     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
    5. Present value of tax           14     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
     savings...................
    6. Total present value of         15     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     tax savings...............
C. Horizon Value...............       16     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
----------------------------------------------------------------------------------------------------------------


                                 Schedule D.1--Interim Controls Revenue Forecast
                                            [Smelter Identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast smelter revenues--
 unaffiliated parties:
    1. Concentrates processed...........       01  .......  .......  .......  .......  .......  .......  .......
    2. Smelting charge..................       02  .......  .......  .......  .......  .......  .......  .......
    3. Total smelter revenues...........       03  .......  .......  .......  .......  .......  .......  .......
    4. Average product grade............       04  .......  .......  .......  .......  .......  .......  .......
B. Forecast smelter revenues--affiliated
 parties:
    1. Concentrates processed...........       05  .......  .......  .......  .......  .......  .......  .......
    2. Smelting charge..................       06  .......  .......  .......  .......  .......  .......  .......
    3. Total smelter revenues...........       07  .......  .......  .......  .......  .......  .......  .......
    4. Average product grade............       08  .......  .......  .......  .......  .......  .......  .......
C. Forecast co-product and by-product
 sales:
    1. Total co-product revenues........       09  .......  .......  .......  .......  .......  .......  .......
    2. Total by-product revenues from:
        a. Pollution control facilities.       10  .......  .......  .......  .......  .......  .......  .......
        b. Other smelter processing.....       11  .......  .......  .......  .......  .......  .......  .......
    3. Total co-product and by-product         12  .......  .......  .......  .......  .......  .......  .......
     revenues:..........................
----------------------------------------------------------------------------------------------------------------


                                  Schedule D.2--Interim Controls Cost Forecast
                                            [Smelter Identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast production labor cost:
    1. Direct labor hours...............       01  .......  .......  .......  .......  .......  .......  .......
    2. Average hourly wage rate.........       02  .......  .......  .......  .......  .......  .......  .......
    3. Total wage payments..............       03  .......  .......  .......  .......  .......  .......  .......
    4. Supplemental employee benefits...       04  .......  .......  .......  .......  .......  .......  .......
    5. Total production labor cost......       05  .......  .......  .......  .......  .......  .......  .......

[[Page 243]]

 
B. Forecast energy costs:
    1. Electricity:
        a. Quantity in kilowatt hours...       06  .......  .......  .......  .......  .......  .......  .......
        b. Price per kwh................       07  .......  .......  .......  .......  .......  .......  .......
        c. Total electricity payments...       08  .......  .......  .......  .......  .......  .......  .......
    2. Natural gas:
        a. Quantity in mcf..............       09  .......  .......  .......  .......  .......  .......  .......
        b. Price per mcf................       10  .......  .......  .......  .......  .......  .......  .......
        c. Total natural gas payments...       11  .......  .......  .......  .......  .......  .......  .......
    3. Coal:
        a. Quantity in tons.............       12  .......  .......  .......  .......  .......  .......  .......
        b. Price per ton................       13  .......  .......  .......  .......  .......  .......  .......
        c. Total coal payments..........       14  .......  .......  .......  .......  .......  .......  .......
    4. Fuel oil:
        a. Quantity in gallons..........       15  .......  .......  .......  .......  .......  .......  .......
        b. Price per gallon.............       16  .......  .......  .......  .......  .......  .......  .......
        c. Total fuel oil payments......       17  .......  .......  .......  .......  .......  .......  .......
    5. Other (specify):
        a. Quantity (specific units)....       18  .......  .......  .......  .......  .......  .......  .......
        b. Price per unit...............       18  .......  .......  .......  .......  .......  .......  .......
        c. Total payments...............       20  .......  .......  .......  .......  .......  .......  .......
    6. Total energy costs...............       21  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                         Schedule D.3--Interim Controls Forecast Profit and Loss Summary
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                            Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
A. Forecast operating revenues:
    1. Smelter revenues--unaffiliated          01  .......  .......  .......  .......  .......  .......  .......
     parties............................
    2. Smelter revenues--affiliated            02  .......  .......  .......  .......  .......  .......  .......
     parties............................
    3. Co-product and by-product sales..       03  .......  .......  .......  .......  .......  .......  .......
    4. Other operating revenues.........       04  .......  .......  .......  .......  .......  .......  .......
    5. Total operating revenues.........       05  .......  .......  .......  .......  .......  .......  .......
B. Forecast cost of sales:
    1. Material costs...................       06  .......  .......  .......  .......  .......  .......  .......
    2. Production labor costs...........       07  .......  .......  .......  .......  .......  .......  .......
    3. Energy costs.....................       08  .......  .......  .......  .......  .......  .......  .......
    4. Pollution control costs..........       09  .......  .......  .......  .......  .......  .......  .......
    5. Production overhead..............       10  .......  .......  .......  .......  .......  .......  .......
    6. Other production costs...........       11  .......  .......  .......  .......  .......  .......  .......
    7. Total cost of sales..............       12  .......  .......  .......  .......  .......  .......  .......
C. Forecast gross operating profit......       13  .......  .......  .......  .......  .......  .......  .......
D. Forecast other operating expenses:
    1. Selling, general and                    14  .......  .......  .......  .......  .......  .......  .......
     administrative expenses............
    2. Taxes, other than income tax.....       15  .......  .......  .......  .......  .......  .......  .......
    3. Research costs...................       16  .......  .......  .......  .......  .......  .......  .......
    4. Depreciation and amortization:
        a. Pollution control facilities.       17  .......  .......  .......  .......  .......  .......  .......
        b. Other smelter facilities.....       18  .......  .......  .......  .......  .......  .......  .......
    5. Interest on short-term debt......       19  .......  .......  .......  .......  .......  .......  .......
    6. Miscellaneous operating expenses.       20  .......  .......  .......  .......  .......  .......  .......
    7. Total other operating expenses...       21  .......  .......  .......  .......  .......  .......  .......
E. Forecast income from operations......       22  .......  .......  .......  .......  .......  .......  .......
F. Forecast income taxes................       23  .......  .......  .......  .......  .......  .......  .......
G. Forecast net income from operations..       24  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                      Schedule D.4--Interim Control Sustaining Capital Investment Forecast
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
           Sustaining capital               Line     1984     1985     1986     1987     1988     1989     1990
----------------------------------------------------------------------------------------------------------------
1. Land.................................       01  .......  .......  .......  .......  .......  .......  .......
2. Buildings and improvements...........       02  .......  .......  .......  .......  .......  .......  .......
3. Machinery and equipment..............       03  .......  .......  .......  .......  .......  .......  .......
4. Transportation equipment.............       04  .......  .......  .......  .......  .......  .......  .......
5. Pollution control facilities.........       05  .......  .......  .......  .......  .......  .......  .......

[[Page 244]]

 
6. Other fixed assets...................       06  .......  .......  .......  .......  .......  .......  .......
7. Total smelter sustaining capital.....       07  .......  .......  .......  .......  .......  .......  .......
----------------------------------------------------------------------------------------------------------------


                                  Schedule D.5--Cash Proceeds From Liquidation
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                                                                             Gain (loss) subject
                                                               (1)          (2)       (3)      to taxation as--
                                                            Estimated    Reported    Total  --------------------
                                                    Line   Liquidation   net book     gain       (4)       (5)
                                                              value        value     (loss)   Ordinary   Capital
                                                                                               income      gain
----------------------------------------------------------------------------------------------------------------
A. Total current assets.........................       01  ...........  ..........    XXXXX       XXXXX    XXXXX
B. Property, plant and equipment:
    1. Land.....................................       02  ...........  ..........  .......  ..........  .......
    2. Buildings and improvements...............       03  ...........  ..........  .......  ..........  .......
    3. Machinery and equipment..................       04  ...........  ..........  .......  ..........  .......
    4. Transportation equipment.................       05  ...........  ..........  .......  ..........  .......
    5. Pollution control facilities.............       06  ...........  ..........  .......  ..........  .......
    6. Other fixed assets.......................       07  ...........  ..........  .......  ..........  .......
    7. Total....................................       08  ...........  ..........  .......  ..........  .......
C. Other noncurrent assets......................       09  ...........  ..........  .......  ..........  .......
D. Total smelter value..........................       10  ...........  ..........  .......  ..........  .......
E. Total current liabilities....................       11  ...........  ..........    XXXXX       XXXXX    XXXXX
F. Gross liquidation value......................       12  ...........  ..........  .......  ..........  .......
G. Liquidation costs............................       13  ...........       XXXXX  .......  ..........    XXXXX
H. Net Taxable Gain (or loss)...................       14        XXXXX       XXXXX    XXXXX  ..........  .......
I. Income tax rate..............................       15        XXXXX       XXXXX    XXXXX  ..........  .......
J. Income tax on gain (loss)....................       16        XXXXX       XXXXX    XXXXX  ..........  .......
K. After tax cash proceeds from liquidation.....       17  ...........       XXXXX    XXXXX       XXXXX    XXXXX
----------------------------------------------------------------------------------------------------------------


                            Schedule D.6--Permanent Waiver From Interim Controls Test
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                   Line     1984     1985     1986     1987     1988     1989     1990    Total
----------------------------------------------------------------------------------------------------------------
A. Operating Cash flow
 projection:
    1. Net income from                01  .......  .......  .......  .......  .......  .......  .......     XXXX
     operations................
    2. Net income adjustments..       02  .......  .......  .......  .......  .......  .......  .......     XXXX
    3. Depreciation and
     amortization:
        a. Pollution control          03  .......  .......  .......  .......  .......  .......  .......     XXXX
         facilities............
        b. Other smelter              04  .......  .......  .......  .......  .......  .......  .......     XXXX
         facilities............
    4. Operating cash flow.....       05  .......  .......  .......  .......  .......  .......  .......     XXXX
    5. Capital expenditure
     projections:
        a. Interim controls....       06  .......  .......  .......  .......  .......  .......  .......     XXXX
        b. Sustaining capital..       07  .......  .......  .......  .......  .......  .......  .......     XXXX
        c. Total...............       08  .......  .......  .......  .......  .......  .......  .......     XXXX
    6. Net cash flow                  09  .......  .......  .......  .......  .......  .......  .......     XXXX
     projections...............
    7. Discount factors........       10  .......  .......  .......  .......  .......  .......  .......     XXXX
    8. Present value of future        11  .......  .......  .......  .......  .......  .......  .......     XXXX
     cash flows................
B. Net present value:
    1. Horizon value...........       12     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    2. Discount factor.........       13     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    3. Present value of horizon       14     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     value.....................
    4. Present value of future        15     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     cash flows................
    5. Total present value.....       16     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    6. Current salvage value...       17     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    7. Net present value.......       18     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
----------------------------------------------------------------------------------------------------------------


[[Page 245]]


                                    Schedule D.7--Horizon Value of Cash Flows
                                            [Smelter identification]
----------------------------------------------------------------------------------------------------------------
                                           Final forecast                  Horizon years
                                                years      ---------------------------------------------
                                   Line  ------------------                                               Total
                                            1989     1990     1991     1992     1993     1994     1995
----------------------------------------------------------------------------------------------------------------
A. Depreciation-free horizon
 value:
    1. Net cash flow                  01  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
     projections...............
    2. Depreciation tax
     savings:
        a. Depreciation and           02  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
         amortization..........
        b. Marginal tax rate...       03  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
        c. Tax savings.........       04  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
    3. Depreciation-free net
     cash flows:
        a. Nominal dollar             05  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
         values................
        b. 1990 dollar values..       06  .......  .......     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX
        c. Average.............       07     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    4. Horizon factor..........       08     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
    5. Depreciation-free              09     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     horizon value.............
B. Depreciation tax savings
 over the horizon period:
    1. Depreciation and               10     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
     amortization..............
    2. Marginal tax rate.......       11     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
    3. Tax savings.............       12     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
    4. Discount factors........       13     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
    5. Present value of tax           14     XXXX     XXXX  .......  .......  .......  .......  .......     XXXX
     savings...................
    6. Total present value of         15     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
     tax savings...............
C. Horizon Value...............       16     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX     XXXX  .......
----------------------------------------------------------------------------------------------------------------



PART 58_AMBIENT AIR QUALITY SURVEILLANCE--Table of Contents



                      Subpart A_General Provisions

Sec.
58.1  Definitions.
58.2  Purpose.
58.3  Applicability.

                      Subpart B_Monitoring Network

58.10  Annual monitoring network plan and periodic network assessment.
58.11  Network technical requirements.
58.12  Operating schedules.
58.13  Monitoring network completion.
58.14  System modification.
58.15  Annual air monitoring data certification.
58.16  Data submittal and archiving requirements.

                   Subpart C_Special Purpose Monitors

58.20  Special purpose monitors (SPM).

          Subpart D_Comparability of Ambient Data to the NAAQS

58.30  Special considerations for data comparisons to the NAAQS.

Subpart E [Reserved]

                  Subpart F_Air Quality Index Reporting

58.50  Index reporting.

                      Subpart G_Federal Monitoring

58.60  Federal monitoring.
58.61  Monitoring other pollutants.

Appendix A to Part 58--Quality Assurance Requirements for Monitors used 
          in Evaluations of National Ambient Air Quality Standards
Appendix B to Part 58--Quality Assurance Requirements for Prevention of 
          Significant Deterioration (PSD) Air Monitoring
Appendix C to Part 58--Ambient Air Quality Monitoring Methodology
Appendix D to Part 58--Network Design Criteria for Ambient Air 
          QualityMonitoring
Appendix E to Part 58--Probe and Monitoring Path Siting Criteria for 
          Ambient Air Quality Monitoring
Appendix F to Part 58 [Reserved]
Appendix G to Part 58--Uniform Air Quality Index (AQI) and Daily 
          Reporting

    Authority: 42 U.S.C. 7403, 7405, 7410, 7414, 7601, 7611, 7614, and 
7619.

[[Page 246]]


    Source: 44 FR 27571, May 10, 1979; 59 FR 41628, Aug. 12, 1994, 
unless otherwise noted.



                      Subpart A_General Provisions

    Source: 71 FR 61296, Oct. 17, 2006, unless otherwise noted.



Sec. 58.1  Definitions.

    As used in this part, all terms not defined herein have the meaning 
given them in the Clean Air Act.
    AADT means the annual average daily traffic.
    Act means the Clean Air Act as amended (42 U.S.C. 7401, et seq.)
    Additive and multiplicative bias means the linear regression 
intercept and slope of a linear plot fitted to corresponding candidate 
and reference method mean measurement data pairs.
    Administrator means the Administrator of the Environmental 
Protection Agency (EPA) or his or her authorized representative.
    Air quality system (AQS) means the EPA's computerized system for 
storing and reporting of information relating to ambient air quality 
data.
    Approved regional method (ARM) means a continuous PM2.5 
method that has been approved specifically within a state or local air 
monitoring network for purposes of comparison to the NAAQS and to meet 
other monitoring objectives.
    AQCR means air quality control region.
    Area-wide means all monitors sited at neighborhood, urban, and 
regional scales, as well as those monitors sited at either micro- or 
middle-scale that are representative of many such locations in the same 
CBSA.
    Certifying agency means a state, local, or tribal agency responsible 
for meeting the data certification requirements in accordance with 
Sec. 58.15 for a unique set of monitors.
    Chemical Speciation Network (CSN) includes Speciation Trends Network 
stations (STN) as specified in paragraph 4.7.4 of appendix D of this 
part and supplemental speciation stations that provide chemical species 
data of fine particulate.
    CO means carbon monoxide.
    Combined statistical area (CSA) is defined by the U.S. Office of 
Management and Budget as a geographical area consisting of two or more 
adjacent Core Based Statistical Areas (CBSA) with employment interchange 
of at least 15 percent. Combination is automatic if the employment 
interchange is 25 percent and determined by local opinion if more than 
15 but less than 25 percent.
    Core-based statistical area (CBSA) is defined by the U.S. Office of 
Management and Budget, as a statistical geographic entity consisting of 
the county or counties associated with at least one urbanized area/urban 
cluster of at least 10,000 population, plus adjacent counties having a 
high degree of social and economic integration. Metropolitan Statistical 
Areas (MSAs) and micropolitan statistical areas are the two categories 
of CBSA (metropolitan areas have populations greater than 50,000; and 
micropolitan areas have populations between 10,000 and 50,000). In the 
case of very large cities where two or more CBSAs are combined, these 
larger areas are referred to as combined statistical areas (CSAs)
    Corrected concentration pertains to the result of an accuracy or 
precision assessment test of an open path analyzer in which a high-
concentration test or audit standard gas contained in a short test cell 
is inserted into the optical measurement beam of the instrument. When 
the pollutant concentration measured by the analyzer in such a test 
includes both the pollutant concentration in the test cell and the 
concentration in the atmosphere, the atmospheric pollutant concentration 
must be subtracted from the test measurement to obtain the corrected 
concentration test result. The corrected concentration is equal to the 
measured concentration minus the average of the atmospheric pollutant 
concentrations measured (without the test cell) immediately before and 
immediately after the test.
    Design value means the calculated concentration according to the 
applicable appendix of part 50 of this chapter for the highest site in 
an attainment or nonattainment area.
    EDO means environmental data operations.
    Effective concentration pertains to testing an open path analyzer 
with a high-concentration calibration or audit

[[Page 247]]

standard gas contained in a short test cell inserted into the optical 
measurement beam of the instrument. Effective concentration is the 
equivalent ambient-level concentration that would produce the same 
spectral absorbance over the actual atmospheric monitoring path length 
as produced by the high-concentration gas in the short test cell. 
Quantitatively, effective concentration is equal to the actual 
concentration of the gas standard in the test cell multiplied by the 
ratio of the path length of the test cell to the actual atmospheric 
monitoring path length.
    Federal equivalent method (FEM) means a method for measuring the 
concentration of an air pollutant in the ambient air that has been 
designated as an equivalent method in accordance with part 53 of this 
chapter; it does not include a method for which an equivalent method 
designation has been canceled in accordance with Sec. 53.11 or 
Sec. 53.16.
    Federal reference method (FRM) means a method of sampling and 
analyzing the ambient air for an air pollutant that is specified as a 
reference method in an appendix to part 50 of this chapter, or a method 
that has been designated as a reference method in accordance with this 
part; it does not include a method for which a reference method 
designation has been canceled in accordance with Sec. 53.11 or 
Sec. 53.16 of this chapter.
    HNO3 means nitric acid.
    Implementation plan means an implementation plan approved or 
promulgated by the EPA pursuant to section 110 of the Act.
    Local agency means any local government agency, other than the state 
agency, which is charged by a state with the responsibility for carrying 
out a portion of the annual monitoring network plan required by 
Sec. 58.10.
    Meteorological measurements means measurements of wind speed, wind 
direction, barometric pressure, temperature, relative humidity, solar 
radiation, ultraviolet radiation, and/or precipitation that occur at 
SLAMS stations including the NCore and PAMS networks.
    Metropolitan Statistical Area (MSA) means a CBSA associated with at 
least one urbanized area of 50,000 population or greater. The central-
county, plus adjacent counties with a high degree of integration, 
comprise the area.
    Monitor means an instrument, sampler, analyzer, or other device that 
measures or assists in the measurement of atmospheric air pollutants and 
which is acceptable for use in ambient air surveillance under the 
applicable provisions of appendix C to this part.
    Monitoring agency means a state, local or tribal agency responsible 
for meeting the requirements of this part.
    Monitoring organization means a monitoring agency responsible for 
operating a monitoring site for which the quality assurance regulations 
apply.
    Monitoring path for an open path analyzer means the actual path in 
space between two geographical locations over which the pollutant 
concentration is measured and averaged.
    Monitoring path length of an open path analyzer means the length of 
the monitoring path in the atmosphere over which the average pollutant 
concentration measurement (path-averaged concentration) is determined. 
See also, optical measurement path length.
    Monitoring planning area (MPA) means a contiguous geographic area 
with established, well-defined boundaries, such as a CBSA, county or 
state, having a common area that is used for planning monitoring 
locations for PM2.5. A MPA may cross state boundaries, such 
as the Philadelphia PA-NJ MSA, and be further subdivided into community 
monitoring zones. The MPAs are generally oriented toward CBSAs or CSAs 
with populations greater than 200,000, but for convenience, those 
portions of a state that are not associated with CBSAs can be considered 
as a single MPA.
    NATTS means the national air toxics trends stations. This network 
provides hazardous air pollution ambient data.
    NCore means the National Core multipollutant monitoring stations. 
Monitors at these sites are required to measure particles 
(PM2.5 speciated PM2.5, PM10-2.5), 
O3, SO2, CO, nitrogen oxides (NO/NOy), 
and meteorology (wind speed, wind direction, temperature, relative 
humidity).
    Near-road monitor means any approved monitor meeting the applicable

[[Page 248]]

specifications described in 40 CFR part 58, appendix D (sections 4.2.1, 
4.3.2, 4.7.1(b)(2)) and appendix E (section 6.4(a), Table E-4) for near-
road measurement of PM2.5, CO, or NO2.
    Network means all stations of a given type or types.
    Network Plan means the Annual Monitoring Network Plan described in 
Sec. 58.10.
    NH3 means ammonia.
    NO2 means nitrogen dioxide.
    NO means nitrogen oxide.
    NOX means the sum of the concentrations of NO2 and NO.
    NOy means the sum of all total reactive nitrogen oxides, including 
NO, NO2, and other nitrogen oxides referred to as 
NOZ.
    O3 means ozone.
    Open path analyzer means an automated analytical method that 
measures the average atmospheric pollutant concentration in situ along 
one or more monitoring paths having a monitoring path length of 5 meters 
or more and that has been designated as a reference or equivalent method 
under the provisions of part 53 of this chapter.
    Optical measurement path length means the actual length of the 
optical beam over which measurement of the pollutant is determined. The 
path-integrated pollutant concentration measured by the analyzer is 
divided by the optical measurement path length to determine the path-
averaged concentration. Generally, the optical measurement path length 
is:
    (1) Equal to the monitoring path length for a (bistatic) system 
having a transmitter and a receiver at opposite ends of the monitoring 
path;
    (2) Equal to twice the monitoring path length for a (monostatic) 
system having a transmitter and receiver at one end of the monitoring 
path and a mirror or retroreflector at the other end; or
    (3) Equal to some multiple of the monitoring path length for more 
complex systems having multiple passes of the measurement beam through 
the monitoring path.
    PAMS means photochemical assessment monitoring stations.
    Pb means lead.
    PM means particulate matter, including but not limited to 
PM10, PM10C, PM2.5, and 
PM10-2.5.
    PM2.5 means particulate matter with an aerodynamic diameter less 
than or equal to a nominal 2.5 micrometers as measured by a reference 
method based on appendix L of part 50 and designated in accordance with 
part 53 of this chapter, by an equivalent method designated in 
accordance with part 53, or by an approved regional method designated in 
accordance with appendix C to this part.
    PM10 means particulate matter with an aerodynamic diameter less than 
or equal to a nominal 10 micrometers as measured by a reference method 
based on appendix J of part 50 of this chapter and designated in 
accordance with part 53 of this chapter or by an equivalent method 
designated in accordance with part 53.
    PM10C means particulate matter with an aerodynamic diameter less 
than or equal to a nominal 10 micrometers as measured by a reference 
method based on appendix O of part 50 of this chapter and designated in 
accordance with part 53 of this chapter or by an equivalent method 
designated in accordance with part 53.
    PM10^2.5 means particulate matter with an aerodynamic diameter less 
than or equal to a nominal 10 micrometers and greater than a nominal 2.5 
micrometers as measured by a reference method based on appendix O to 
part 50 of this chapter and designated in accordance with part 53 of 
this chapter or by an equivalent method designated in accordance with 
part 53.
    Point analyzer means an automated analytical method that measures 
pollutant concentration in an ambient air sample extracted from the 
atmosphere at a specific inlet probe point, and that has been designated 
as a reference or equivalent method in accordance with part 53 of this 
chapter.
    Primary monitor means the monitor identified by the monitoring 
organization that provides concentration data used for comparison to the 
NAAQS. For any specific site, only one monitor for each pollutant can be 
designated in AQS as primary monitor for a given period of time. The 
primary monitor identifies the default data source for

[[Page 249]]

creating a combined site record for purposes of NAAQS comparisons.
    Primary quality assurance organization (PQAO) means a monitoring 
organization, a group of monitoring organizations or other organization 
that is responsible for a set of stations that monitor the same 
pollutant and for which data quality assessments can be pooled. Each 
criteria pollutant sampler/monitor at a monitoring station must be 
associated with only one PQAO.
    Probe means the actual inlet where an air sample is extracted from 
the atmosphere for delivery to a sampler or point analyzer for pollutant 
analysis.
    PSD monitoring network means a set of stations that provide 
concentration information for a specific PSD permit.
    PSD monitoring organization means a source owner/operator, a 
government agency, or a contractor of the source or agency that operates 
an ambient air pollution monitoring network for PSD purposes.
    PSD reviewing authority means the state air pollution control 
agency, local agency, other state agency, tribe, or other agency 
authorized by the Administrator to carry out a permit program under 
Secs. 51.165 and 51.166 of this chapter, or the Administrator in the 
case of EPA-implemented permit programs under Sec. 52.21 of this 
chapter.
    PSD station means any station operated for the purpose of 
establishing the effect on air quality of the emissions from a proposed 
source for purposes of prevention of significant deterioration as 
required by Sec. 51.24(n) of this chapter.
    Regional Administrator means the Administrator of one of the ten EPA 
Regional Offices or his or her authorized representative.
    Reporting organization means an entity, such as a state, local, or 
tribal monitoring agency, that reports air quality data to the EPA.
    Site means a geographic location. One or more stations may be at the 
same site.
    SLAMS means state or local air monitoring stations. The SLAMS 
include the ambient air quality monitoring sites and monitors that are 
required by appendix D of this part and are needed for the monitoring 
objectives of appendix D, including NAAQS comparisons, but may serve 
other data purposes. The SLAMS includes NCore, PAMS, CSN, and all other 
state or locally operated criteria pollutant monitors, operated in 
accordance to this part, that have not been designated and approved by 
the Regional Administrator as SPM stations in an annual monitoring 
network plan.
    SO2 means sulfur dioxide.
    Special purpose monitor (SPM) station means a monitor included in an 
agency's monitoring network that the agency has designated as a special 
purpose monitor station in its annual monitoring network plan and in the 
AQS, and which the agency does not count when showing compliance with 
the minimum requirements of this subpart for the number and siting of 
monitors of various types. Any SPM operated by an air monitoring agency 
must be included in the periodic assessments and annual monitoring 
network plan required by Sec. 58.10 and approved by the Regional 
Administrator.
    State agency means the air pollution control agency primarily 
responsible for development and implementation of a State Implementation 
Plan under the Act.
    Station means a single monitor, or a group of monitors, located at a 
particular site.
    STN station means a PM2.5 chemical speciation station 
designated to be part of the speciation trends network. This network 
provides chemical species data of fine particulate.
    Supplemental speciation station means a PM2.5 chemical 
speciation station that is operated for monitoring agency needs and not 
part of the STN.
    Traceable means that a local standard has been compared and 
certified, either directly or via not more than one intermediate 
standard, to a National Institute of Standards and Technology (NIST)-
certified primary standard such as a NIST-traceable Reference Material 
(NTRM) or a NIST-certified Gas Manufacturer's Internal Standard (GMIS).
    TSP (total suspended particulates) means particulate matter as 
measured by the method described in appendix B of Part 50.
    Urbanized area means an area with a minimum residential population 
of at least 50,000 people and which generally

[[Page 250]]

includes core census block groups or blocks that have a population 
density of at least 1,000 people per square mile and surrounding census 
blocks that have an overall density of at least 500 people per square 
mile. The Census Bureau notes that under certain conditions, less 
densely settled territory may be part of each Urbanized Area.
    VOCs means volatile organic compounds.

[81 FR 17276, Mar. 28, 2016]



Sec. 58.2  Purpose.

    (a) This part contains requirements for measuring ambient air 
quality and for reporting ambient air quality data and related 
information. The monitoring criteria pertain to the following areas:
    (1) Quality assurance procedures for monitor operation and data 
handling.
    (2) Methodology used in monitoring stations.
    (3) Operating schedule.
    (4) Siting parameters for instruments or instrument probes.
    (5) Minimum ambient air quality monitoring network requirements used 
to provide support to the State implementation plans (SIP), national air 
quality assessments, and policy decisions. These minimums are described 
as part of the network design requirements, including minimum numbers 
and placement of monitors of each type.
    (6) Air quality data reporting, and requirements for the daily 
reporting of an index of ambient air quality.
    (b) The requirements pertaining to provisions for an air quality 
surveillance system in the SIP are contained in this part.
    (c) This part also acts to establish a national ambient air quality 
monitoring network for the purpose of providing timely air quality data 
upon which to base national assessments and policy decisions.



Sec. 58.3  Applicability.

    This part applies to:
    (a) State air pollution control agencies.
    (b) Any local air pollution control agency to which the State has 
delegated authority to operate a portion of the State's SLAMS network.
    (c) Owners or operators of proposed sources.



                      Subpart B_Monitoring Network

    Source: 71 FR 61298, Oct. 17, 2006, unless otherwise noted.



Sec. 58.10  Annual monitoring network plan and periodic network assessment.

    (a)(1) Beginning July 1, 2007, the state, or where applicable local, 
agency shall submit to the Regional Administrator an annual monitoring 
network plan which shall provide for the documentation of the 
establishment and maintenance of an air quality surveillance system that 
consists of a network of SLAMS monitoring stations that can include FRM, 
FEM, and ARM monitors that are part of SLAMS, NCore, CSN, PAMS, and SPM 
stations. The plan shall include a statement of whether the operation of 
each monitor meets the requirements of appendices A, B, C, D, and E of 
this part, where applicable. The Regional Administrator may require 
additional information in support of this statement. The annual 
monitoring network plan must be made available for public inspection and 
comment for at least 30 days prior to submission to the EPA and the 
submitted plan shall include and address, as appropriate, any received 
comments.
    (2) Any annual monitoring network plan that proposes network 
modifications (including new or discontinued monitoring sites, new 
determinations that data are not of sufficient quality to be compared to 
the NAAQS, and changes in identification of monitors as suitable or not 
suitable for comparison against the annual PM2.5 NAAQS) to 
SLAMS networks is subject to the approval of the EPA Regional 
Administrator, who shall approve or disapprove the plan within 120 days 
of submission of a complete plan to the EPA.
    (3) The plan for establishing required NCore multipollutant stations 
shall be submitted to the Administrator not later than July 1, 2009. The 
plan shall provide for all required stations to be operational by 
January 1, 2011.
    (4) A plan for establishing source-oriented Pb monitoring sites in 
accordance with the requirements of appendix

[[Page 251]]

D to this part for Pb sources emitting 1.0 tpy or greater shall be 
submitted to the EPA Regional Administrator no later than July 1, 2009, 
as part of the annual network plan required in paragraph (a)(1) of this 
section. The plan shall provide for the required source-oriented Pb 
monitoring sites for Pb sources emitting 1.0 tpy or greater to be 
operational by January 1, 2010. A plan for establishing source-oriented 
Pb monitoring sites in accordance with the requirements of appendix D to 
this part for Pb sources emitting equal to or greater than 0.50 tpy but 
less than 1.0 tpy shall be submitted to the EPA Regional Administrator 
no later than July 1, 2011. The plan shall provide for the required 
source-oriented Pb monitoring sites for Pb sources emitting equal to or 
greater than 0.50 tpy but less than 1.0 tpy to be operational by 
December 27, 2011.
    (5)(i) A plan for establishing or identifying an area-wide 
NO2 monitor, in accordance with the requirements of Appendix 
D, section 4.3.3 to this part, shall be submitted as part of the Annual 
Monitoring Network Plan to the EPA Regional Administrator by July 1, 
2012. The plan shall provide for these required monitors to be 
operational by January 1, 2013.
    (ii) A plan for establishing or identifying any NO2 
monitor intended to characterize vulnerable and susceptible populations, 
as required in Appendix D, section 4.3.4 to this part, shall be 
submitted as part of the Annual Monitoring Network Plan to the EPA 
Regional Administrator by July 1, 2012. The plan shall provide for these 
required monitors to be operational by January 1, 2013.
    (iii) A plan for establishing a single near-road NO2 
monitor in CBSAs having 1,000,000 or more persons, in accordance with 
the requirements of Appendix D, section 4.3.2 to this part, shall be 
submitted as part of the Annual Monitoring Network Plan to the EPA 
Regional Administrator by July 1, 2013. The plan shall provide for these 
required monitors to be operational by January 1, 2014.
    (iv) A plan for establishing a second near-road NO2 
monitor in any CBSA with a population of 2,500,000 persons or more, or a 
second monitor in any CBSA with a population of 1,000,000 or more 
persons that has one or more roadway segments with 250,000 or greater 
AADT counts, in accordance with the requirements of appendix D, section 
4.3.2 to this part, shall be submitted as part of the Annual Monitoring 
Network Plan to the EPA Regional Administrator by July 1, 2014. The plan 
shall provide for these required monitors to be operational by January 
1, 2015.
    (6) A plan for establishing SO2 monitoring sites in 
accordance with the requirements of appendix D to this part shall be 
submitted to the EPA Regional Administrator by July 1, 2011 as part of 
the annual network plan required in paragraph (a) (1). The plan shall 
provide for all required SO2 monitoring sites to be 
operational by January 1, 2013.
    (7) A plan for establishing CO monitoring sites in accordance with 
the requirements of appendix D to this part shall be submitted to the 
EPA Regional Administrator. Plans for required CO monitors shall be 
submitted at least six months prior to the date such monitors must be 
established as required by section 58.13.
    (8)(i) A plan for establishing near-road PM 2.5 
monitoring sites in CBSAs having 2.5 million or more persons, in 
accordance with the requirements of appendix D to this part, shall be 
submitted as part of the annual monitoring network plan to the EPA 
Regional Administrator by July 1, 2014. The plan shall provide for these 
required monitoring stations to be operational by January 1, 2015.
    (ii) A plan for establishing near-road PM 2.5 monitoring 
sites in CBSAs having 1 million or more persons, but less than 2.5 
million persons, in accordance with the requirements of appendix D to 
this part, shall be submitted as part of the annual monitoring network 
plan to the EPA Regional Administrator by July 1, 2016. The plan shall 
provide for these required monitoring stations to be operational by 
January 1, 2017.
    (9) The annual monitoring network plan shall provide for the 
required O3 sites to be operating on the first day of the 
applicable required O3 monitoring season in effect on January 
1, 2017 as listed in Table D-3 of appendix D of this part.

[[Page 252]]

    (10) A plan for making Photochemical Assessment Monitoring Stations 
(PAMS) measurements, if applicable, in accordance with the requirements 
of appendix D paragraph 5(a) of this part shall be submitted to the EPA 
Regional Administrator no later than July 1, 2018. The plan shall 
provide for the required PAMS measurements to begin by June 1, 2019.
    (11) An Enhanced Monitoring Plan for O3, if applicable, 
in accordance with the requirements of appendix D paragraph 5(h) of this 
part shall be submitted to the EPA Regional Administrator no later than 
October 1, 2019 or two years following the effective date of a 
designation to a classification of Moderate or above O3 
nonattainment, whichever is later.
    (12) A detailed description of the PAMS network being operated in 
accordance with the requirements of appendix D to this part shall be 
submitted as part of the annual monitoring network plan for review by 
the EPA Administrator. The PAMS Network Description described in section 
5 of appendix D may be used to meet this requirement.
    (b) The annual monitoring network plan must contain the following 
information for each existing and proposed site:
    (1) The AQS site identification number.
    (2) The location, including street address and geographical 
coordinates.
    (3) The sampling and analysis method(s) for each measured parameter.
    (4) The operating schedules for each monitor.
    (5) Any proposals to remove or move a monitoring station within a 
period of 18 months following plan submittal.
    (6) The monitoring objective and spatial scale of representativeness 
for each monitor as defined in appendix D to this part.
    (7) The identification of any sites that are suitable and sites that 
are not suitable for comparison against the annual PM 2.5 
NAAQS as described in Sec. 58.30.
    (8) The MSA, CBSA, CSA or other area represented by the monitor.
    (9) The designation of any Pb monitors as either source-oriented or 
non-source-oriented according to Appendix D to 40 CFR part 58.
    (10) Any source-oriented monitors for which a waiver has been 
requested or granted by the EPA Regional Administrator as allowed for 
under paragraph 4.5(a)(ii) of Appendix D to 40 CFR part 58.
    (11) Any source-oriented or non-source-oriented site for which a 
waiver has been requested or granted by the EPA Regional Administrator 
for the use of Pb-PM 10 monitoring in lieu of Pb-TSP 
monitoring as allowed for under paragraph 2.10 of Appendix C to 40 CFR 
part 58.
    (12) The identification of required NO2 monitors as near-
road, area-wide, or vulnerable and susceptible population monitors in 
accordance with Appendix D, section 4.3 of this part.
    (13) The identification of any PM 2.5 FEMs and/or ARMs 
used in the monitoring agency's network where the data are not of 
sufficient quality such that data are not to be compared to the NAAQS. 
For required SLAMS where the agency identifies that the PM 
2.5 Class III FEM or ARM does not produce data of sufficient 
quality for comparison to the NAAQS, the monitoring agency must ensure 
that an operating FRM or filter-based FEM meeting the sample frequency 
requirements described in Sec. 58.12 or other Class III PM 
2.5 FEM or ARM with data of sufficient quality is operating 
and reporting data to meet the network design criteria described in 
appendix D to this part.
    (c) The annual monitoring network plan must document how state and 
local agencies provide for the review of changes to a PM 2.5 
monitoring network that impact the location of a violating PM 
2.5 monitor. The affected state or local agency must document 
the process for obtaining public comment and include any comments 
received through the public notification process within their submitted 
plan.
    (d) The state, or where applicable local, agency shall perform and 
submit to the EPA Regional Administrator an assessment of the air 
quality surveillance system every 5 years to determine, at a minimum, if 
the network

[[Page 253]]

meets the monitoring objectives defined in appendix D to this part, 
whether new sites are needed, whether existing sites are no longer 
needed and can be terminated, and whether new technologies are 
appropriate for incorporation into the ambient air monitoring network. 
The network assessment must consider the ability of existing and 
proposed sites to support air quality characterization for areas with 
relatively high populations of susceptible individuals (e.g., children 
with asthma), and, for any sites that are being proposed for 
discontinuance, the effect on data users other than the agency itself, 
such as nearby states and tribes or health effects studies. The state, 
or where applicable local, agency must submit a copy of this 5-year 
assessment, along with a revised annual network plan, to the Regional 
Administrator. The assessments are due every five years beginning July 
1, 2010.
    (e) All proposed additions and discontinuations of SLAMS monitors in 
annual monitoring network plans and periodic network assessments are 
subject to approval according to Sec. 58.14.

[71 FR 61298, Oct. 17, 2006, as amended at 72 FR 32210, June 12, 2007; 
73 FR 67059, Nov. 12, 2008; 73 FR 77517, Dec. 19, 2008; 75 FR 6534, Feb. 
9, 2010; 75 FR 35601, June 22, 2010; 75 FR 81137, Dec. 27, 2010; 76 FR 
54341, Aug. 31, 2011; 78 FR 16188, Mar. 14, 2013; 78 FR 3282, Jan. 15, 
2013; 80 FR 65466, Oct. 26, 2015; 81 FR 17279, Mar. 28, 2016; 81 FR 
96388, Dec. 30, 2016]



Sec. 58.11  Network technical requirements.

    (a)(1) State and local governments shall follow the applicable 
quality assurance criteria contained in appendix A to this part when 
operating the SLAMS networks.
    (2) Beginning January 1, 2009, State and local governments shall 
follow the quality assurance criteria contained in appendix A to this 
part that apply to SPM sites when operating any SPM site which uses a 
FRM, FEM, or ARM and meets the requirements of appendix E to this part, 
unless the Regional Administrator approves an alternative to the 
requirements of appendix A with respect to such SPM sites because 
meeting those requirements would be physically and/or financially 
impractical due to physical conditions at the monitoring site and the 
requirements are not essential to achieving the intended data objectives 
of the SPM site. Alternatives to the requirements of appendix A may be 
approved for an SPM site as part of the approval of the annual 
monitoring plan, or separately.
    (3) The owner or operator of an existing or a proposed source shall 
follow the quality assurance criteria in appendix B to this part that 
apply to PSD monitoring when operating a PSD site.
    (b) State and local governments must follow the criteria in appendix 
C to this part to determine acceptable monitoring methods or instruments 
for use in SLAMS networks. Appendix C criteria are optional at SPM 
stations.
    (c) State and local governments must follow the network design 
criteria contained in appendix D to this part in designing and 
maintaining the SLAMS stations. The final network design and all changes 
in design are subject to approval of the Regional Administrator. NCore 
and STN network design and changes are also subject to approval of the 
Administrator. Changes in SPM stations do not require approvals, but a 
change in the designation of a monitoring site from SLAMS to SPM 
requires approval of the Regional Administrator.
    (d) State and local governments must follow the criteria contained 
in appendix E to this part for siting monitor inlets, paths or probes at 
SLAMS stations. Appendix E adherence is optional for SPM stations.
    (e) State and local governments must assess data from Class III PM 
2.5 FEM and ARM monitors operated within their network using 
the performance criteria described in table C-4 to subpart C of part 53 
of this chapter, for cases where the data are identified as not of 
sufficient comparability to a collocated FRM, and the monitoring agency 
requests that the FEM or ARM data should not be used in comparison to 
the NAAQS. These assessments are required in the monitoring agency's 
annual monitoring network plan described in Sec. 58.10(b) for cases 
where the FEM or ARM is identified as not of sufficient comparability to 
a collocated FRM. For these collocated PM 2.5 monitors the 
performance criteria apply with the following additional provisions:

[[Page 254]]

    (1) The acceptable concentration range (Rj), mg/m\3\ may include 
values down to 0 mg/m\3\.
    (2) The minimum number of test sites shall be at least one; however, 
the number of test sites will generally include all locations within an 
agency's network with collocated FRMs and FEMs or ARMs.
    (3) The minimum number of methods shall include at least one FRM and 
at least one FEM or ARM.
    (4) Since multiple FRMs and FEMs may not be present at each site; 
the precision statistic requirement does not apply, even if precision 
data are available.
    (5) All seasons must be covered with no more than thirty-six 
consecutive months of data in total aggregated together.
    (6) The key statistical metric to include in an assessment is the 
bias (both additive and multiplicative) of the PM 2.5 
continuous FEM(s) compared to a collocated FRM(s). Correlation is 
required to be reported in the assessment, but failure to meet the 
correlation criteria, by itself, is not cause to exclude data from a 
continuous FEM monitor.

[71 FR 61298, Oct. 17, 2006, as amended at 78 FR 3282, Jan. 15, 2013; 80 
FR 65466, Oct. 26, 2015; 81 FR 17279, Mar. 28, 2016]



Sec. 58.12  Operating schedules.

    State and local governments shall collect ambient air quality data 
at any SLAMS station on the following operational schedules:
    (a) For continuous analyzers, consecutive hourly averages must be 
collected except during:
    (1) Periods of routine maintenance,
    (2) Periods of instrument calibration, or
    (3) Periods or monitoring seasons exempted by the Regional 
Administrator.
    (b) For Pb manual methods, at least one 24-hour sample must be 
collected every 6 days except during periods or seasons exempted by the 
Regional Administrator.
    (c) For PAMS VOC samplers, samples must be collected as specified in 
section 5 of appendix D to this part. Area-specific PAMS operating 
schedules must be included as part of the PAMS network description and 
must be approved by the Regional Administrator.
    (d) For manual PM 2.5 samplers:
    (1)(i) Manual PM2.5 samplers at required SLAMS stations 
without a collocated continuously operating PM2.5 monitor 
must operate on at least a 1-in-3 day schedule unless a waiver for an 
alternative schedule has been approved per paragraph (d)(1)(ii) of this 
section.
    (ii) For SLAMS PM2.5 sites with both manual and 
continuous PM2.5 monitors operating, the monitoring agency 
may request approval for a reduction to 1-in-6 day PM2.5 
sampling or for seasonal sampling from the EPA Regional Administrator. 
Other requests for a reduction to 1-in-6 day PM2.5 sampling 
or for seasonal sampling may be approved on a case-by-case basis. The 
EPA Regional Administrator may grant sampling frequency reductions after 
consideration of factors (including but not limited to the historical 
PM2.5 data quality assessments, the location of current 
PM2.5 design value sites, and their regulatory data needs) if 
the Regional Administrator determines that the reduction in sampling 
frequency will not compromise data needed for implementation of the 
NAAQS. Required SLAMS stations whose measurements determine the design 
value for their area and that are within 10 percent of the annual 
NAAQS, and all required sites where one or more 24-hour values have 
exceeded the 24-hour NAAQS each year for a consecutive period of at 
least 3 years are required to maintain at least a 1-in-3 day sampling 
frequency until the design value no longer meets these criteria for 3 
consecutive years. A continuously operating FEM or ARM PM2.5 
monitor satisfies this requirement unless it is identified in the 
monitoring agency's annual monitoring network plan as not appropriate 
for comparison to the NAAQS and the EPA Regional Administrator has 
approved that the data from that monitor may be excluded from comparison 
to the NAAQS.
    (iii) Required SLAMS stations whose measurements determine the 24-
hour design value for their area and whose data are within 5 percent of 
the level of the 24-hour PM2.5 NAAQS must have an FRM or FEM 
operate on a daily schedule if that area's design value for

[[Page 255]]

the annual NAAQS is less than the level of the annual PM2.5 
standard. A continuously operating FEM or ARM PM2.5 monitor 
satisfies this requirement unless it is identified in the monitoring 
agency's annual monitoring network plan as not appropriate for 
comparison to the NAAQS and the EPA Regional Administrator has approved 
that the data from that monitor may be excluded from comparison to the 
NAAQS. The daily schedule must be maintained until the referenced design 
value no longer meets these criteria for 3 consecutive years.
    (iv) Changes in sampling frequency attributable to changes in design 
values shall be implemented no later than January 1 of the calendar year 
following the certification of such data as described in Sec. 58.15.
    (2) Manual PM 2.5 samplers at NCore stations and required 
regional background and regional transport sites must operate on at 
least a 1-in-3 day sampling frequency.
    (3) Manual PM2.5 speciation samplers at STN stations must 
operate on at least a 1-in-3 day sampling frequency unless a reduction 
in sampling frequency has been approved by the EPA Administrator based 
on factors such as area's design value, the role of the particular site 
in national health studies, the correlation of the site's species data 
with nearby sites, and presence of other leveraged measurements.
    (e) For PM 10 samplers, a 24-hour sample must be taken 
from midnight to midnight (local standard time) to ensure national 
consistency. The minimum monitoring schedule for the site in the area of 
expected maximum concentration shall be based on the relative level of 
that monitoring site concentration with respect to the 24-hour standard 
as illustrated in Figure 1. If the operating agency demonstrates by 
monitoring data that during certain periods of the year conditions 
preclude violation of the PM 10 24-hour standard, the 
increased sampling frequency for those periods or seasons may be 
exempted by the Regional Administrator and permitted to revert back to 
once in six days. The minimum sampling schedule for all other sites in 
the area remains once every six days. No less frequently than as part of 
each 5-year network assessment, the most recent year of data must be 
considered to estimate the air quality status at the site near the area 
of maximum concentration. Statistical models such as analysis of 
concentration frequency distributions as described in ``Guideline for 
the Interpretation of Ozone Air Quality Standards,'' EPA-450/479-003, 
U.S. Environmental Protection Agency, Research Triangle Park, NC, 
January 1979, should be used. Adjustments to the monitoring schedule 
must be made on the basis of the 5-year network assessment. The site 
having the highest concentration in the most current year must be given 
first consideration when selecting the site for the more frequent 
sampling schedule. Other factors such as major change in sources of PM 
10 emissions or in sampling site characteristics could 
influence the location of the expected maximum concentration site. Also, 
the use of the most recent 3 years of data might, in some cases, be 
justified in order to provide a more representative database from which 
to estimate current air quality status and to provide stability to the 
network. This multiyear consideration reduces the possibility of an 
anomalous year biasing a site selected for accelerated sampling. If the 
maximum concentration site based on the most current year is not 
selected for the more frequent operating schedule, documentation of the 
justification for selection of an alternative site must be submitted to 
the Regional Office for approval during the 5-year network assessment 
process. Minimum data completeness criteria, number of years of data and 
sampling frequency for judging attainment of the NAAQS are discussed in 
appendix K of part 50 of this chapter.

[[Page 256]]

[GRAPHIC] [TIFF OMITTED] TR41AD07.012

    (f) For manual PM 10-2.5 samplers:
    (1) Manual PM 10-2.5 samplers at NCore stations must 
operate on at least a 1-in-3 day schedule at sites without a collocated 
continuously operating federal equivalent PM 10-2.5 method 
that has been designated in accordance with part 53 of this chapter.
    (2) [Reserved]
    (g) For continuous SO2 analyzers, the maximum 5-minute 
block average concentration of the twelve 5-minute blocks in each hour 
must be collected except as noted in Sec. 58.12 (a).

[71 FR 61298, Oct. 17, 2006, as amended at 72 FR 32210, June 12, 2007; 
75 FR 35601, June 22, 2010; 78 FR 3282, Jan. 15, 2013; 81 FR 17279, Mar. 
28, 2016]



Sec. 58.13  Monitoring network completion.

    (a) The network of NCore multipollutant sites must be physically 
established no later than January 1, 2011, and at that time, operating 
under all of the requirements of this part, including the requirements 
of appendices A, C, D, E, and G to this part. NCore sites required to 
conduct Pb monitoring as required under 40 CFR part 58 appendix D 
paragraph 3(b), or approved alternative non-source-oriented Pb 
monitoring sites, shall begin Pb monitoring in accordance with all of 
the requirements of this part, including the requirements of appendices 
A, C, D, E, and G to this part no later than December 27, 2011.
    (b) Not withstanding specific dates included in this part, beginning 
January 1, 2008, when existing networks are not in conformance with the 
minimum number of required monitors specified in this part, additional 
required monitors must be identified in the next applicable annual 
monitoring network plan, with monitoring operation beginning by January 
1 of the following year. To allow sufficient time to prepare and comment 
on Annual Monitoring Network Plans, only monitoring requirements 
effective 120 days prior to the required submission date of the plan 
(i.e., 120 days prior to July 1 of each year) shall be included in that 
year's annual monitoring network plan.
    (c) The NO2 monitors required under Appendix D, section 
4.3 of this part must be physically established and operating under all 
of the requirements of this part, including the requirements of 
appendices A, C, D, and E to this part, no later than:
    (1) January 1, 2013, for area-wide NO2 monitors required 
in Appendix D, section 4.3.3;
    (2) January 1, 2013, for NO2 monitors intended to 
characterize vulnerable and susceptible populations that are required in 
Appendix D, section 4.3.4;

[[Page 257]]

    (3) January 1, 2014, for an initial near-road NO2 monitor 
in CBSAs having 1,000,000 million or more persons that is required in 
Appendix D, section 4.3.2;
    (4) January 1, 2015, for a second near-road NO2 monitor 
in CBSAs that have a population of 2,500,000 or more persons or a second 
monitor in any CBSA with a population of 1,000,000 or more persons that 
has one or more roadway segments with 250,000 or greater AADT counts 
that is required in appendix D, section 4.3.2.
    (d) The network of SO2 monitors must be physically 
established no later than January 1, 2013, and at that time, must be 
operating under all of the requirements of this part, including the 
requirements of appendices A, C, D, and E to this part.
    (e) The CO monitors required under Appendix D, section 4.2 of this 
part must be physically established and operating under all of the 
requirements of this part, including the requirements of appendices A, 
C, D, and E to this part, no later than:
    (1) January 1, 2015 for CO monitors in CBSAs having 2.5 million 
persons or more; or
    (2) January 1, 2017 for other CO monitors.
    (f) PM 2.5 monitors required in near-road environments as 
described in appendix D to this part, must be physically established and 
operating under all of the requirements of this part, including the 
requirements of appendices A, C, D, and E to this part, no later than:
    (1) January 1, 2015 for PM 2.5 monitors in CBSAs having 
2.5 million persons or more; or
    (2) January 1, 2017 for PM 2.5 monitors in CBSAs having 1 
million or more, but less than 2.5 million persons.
    (g) The O3 monitors required under appendix D, section 
4.1 of this part must operate on the first day of the applicable 
required O3 monitoring season in effect January 1, 2017.
    (h) The Photochemical Assessment Monitoring sites required under 40 
CFR part 58 Appendix D, section 5(a) must be physically established and 
operating under all of the requirements of this part, including the 
requirements of appendix A, C, D, and E of this part, no later than June 
1, 2019.

[71 FR 61298, Oct. 17, 2006, as amended at 73 FR 67059, Nov. 12, 2008; 
75 FR 6534, Feb. 9, 2010; 75 FR 35601, June 22, 2010; 75 FR 81137, Dec. 
27, 2010; 76 FR 54341, Aug. 31, 2011; 78 FR 16188, Mar. 14, 2013; 78 FR 
3283, Jan. 15, 2013; 80 FR 65466, Oct. 26, 2015; 81 FR 96388, Dec. 30, 
2016]



Sec. 58.14  System modification.

    (a) The state, or where appropriate local, agency shall develop a 
network modification plan and schedule to modify the ambient air quality 
monitoring network that addresses the findings of the network assessment 
required every 5 years by Sec. 58.10(d). The network modification plan 
shall be submitted as part of the Annual Monitoring Network Plan that is 
due no later than the year after submittal of the network assessment.
    (b) Nothing in this section shall preclude the State, or where 
appropriate local, agency from making modifications to the SLAMS network 
for reasons other than those resulting from the periodic network 
assessments. These modifications must be reviewed and approved by the 
Regional Administrator. Each monitoring network may make or be required 
to make changes between the 5-year assessment periods, including for 
example, site relocations or the addition of PAMS networks in bumped-up 
ozone nonattainment areas. These modifications must address changes 
invoked by a new census and changes due to changing air quality levels. 
The State, or where appropriate local, agency shall provide written 
communication describing the network changes to the Regional 
Administrator for review and approval as these changes are identified.
    (c) State, or where appropriate, local agency requests for SLAMS 
monitor station discontinuation, subject to the review of the Regional 
Administrator, will be approved if any of the following criteria are met 
and if the requirements of appendix D to this part, if any, continue to 
be met. Other requests for discontinuation may also be approved on a 
case-by-case basis if discontinuance does not compromise data collection 
needed for implementation of a NAAQS and if the requirements of

[[Page 258]]

appendix D to this part, if any, continue to be met.
    (1) Any PM 2.5, O3, CO, PM 10, 
SO2, Pb, or NO2 SLAMS monitor which has shown 
attainment during the previous five years, that has a probability of 
less than 10 percent of exceeding 80 percent of the applicable NAAQS 
during the next three years based on the levels, trends, and variability 
observed in the past, and which is not specifically required by an 
attainment plan or maintenance plan. In a nonattainment or maintenance 
area, if the most recent attainment or maintenance plan adopted by the 
State and approved by EPA contains a contingency measure to be triggered 
by an air quality concentration and the monitor to be discontinued is 
the only SLAMS monitor operating in the nonattainment or maintenance 
area, the monitor may not be discontinued.
    (2) Any SLAMS monitor for CO, PM 10, SO2, or 
NO2 which has consistently measured lower concentrations than 
another monitor for the same pollutant in the same county (or portion of 
a county within a distinct attainment area, nonattainment area, or 
maintenance area, as applicable) during the previous five years, and 
which is not specifically required by an attainment plan or maintenance 
plan, if control measures scheduled to be implemented or discontinued 
during the next five years would apply to the areas around both monitors 
and have similar effects on measured concentrations, such that the 
retained monitor would remain the higher reading of the two monitors 
being compared.
    (3) For any pollutant, any SLAMS monitor in a county (or portion of 
a county within a distinct attainment, nonattainment, or maintenance 
area, as applicable) provided the monitor has not measured violations of 
the applicable NAAQS in the previous five years, and the approved SIP 
provides for a specific, reproducible approach to representing the air 
quality of the affected county in the absence of actual monitoring data.
    (4) A PM 2.5 SLAMS monitor which EPA has determined 
cannot be compared to the relevant NAAQS because of the siting of the 
monitor, in accordance with Sec. 58.30.
    (5) A SLAMS monitor that is designed to measure concentrations 
upwind of an urban area for purposes of characterizing transport into 
the area and that has not recorded violations of the relevant NAAQS in 
the previous five years, if discontinuation of the monitor is tied to 
start-up of another station also characterizing transport.
    (6) A SLAMS monitor not eligible for removal under any of the 
criteria in paragraphs (c)(1) through (c)(5) of this section may be 
moved to a nearby location with the same scale of representation if 
logistical problems beyond the State's control make it impossible to 
continue operation at its current site.

[71 FR 61298, Oct. 17, 2006, as amended at 81 FR 17280, Mar. 28, 2016]



Sec. 58.15  Annual air monitoring data certification.

    (a) The state, or where appropriate local, agency shall submit to 
the EPA Regional Administrator an annual air monitoring data 
certification letter to certify data collected by FRM, FEM, and ARM 
monitors at SLAMS and SPM sites that meet criteria in appendix A to this 
part from January 1 to December 31 of the previous year. The head 
official in each monitoring agency, or his or her designee, shall 
certify that the previous year of ambient concentration and quality 
assurance data are completely submitted to AQS and that the ambient 
concentration data are accurate to the best of her or his knowledge, 
taking into consideration the quality assurance findings. The annual 
data certification letter is due by May 1 of each year.
    (b) Along with each certification letter, the state shall submit to 
the Regional Administrator an annual summary report of all the ambient 
air quality data collected by FRM, FEM, and ARM monitors at SLAMS and 
SPM sites. The annual report(s) shall be submitted for data collected 
from January 1 to December 31 of the previous year. The annual summary 
serves as the record of the specific data that is the object of the 
certification letter.
    (c) Along with each certification letter, the state shall submit to 
the Regional Administrator a summary of the precision and accuracy data 
for all ambient air quality data collected by

[[Page 259]]

FRM, FEM, and ARM monitors at SLAMS and SPM sites. The summary of 
precision and accuracy shall be submitted for data collected from 
January 1 to December 31 of the previous year.

[81 FR 17280, Mar. 28, 2016]



Sec. 58.16  Data submittal and archiving requirements.

    (a) The state, or where appropriate, local agency, shall report to 
the Administrator, via AQS all ambient air quality data and associated 
quality assurance data for SO2; CO; O3; 
NO2; NO; NOy; NOX; Pb-TSP mass 
concentration; Pb-PM10 mass concentration; PM10 
mass concentration; PM2.5 mass concentration; for filter-
based PM2.5 FRM/FEM, the field blank mass; chemically 
speciated PM2.5 mass concentration data; PM10-2.5 
mass concentration; meteorological data from NCore and PAMS sites; and 
metadata records and information specified by the AQS Data Coding Manual 
(https://www.epa.gov/sites/production/files/2015-09/documents/
aqs_data_coding_manual_0.pdf). Air quality data and information must be 
submitted directly to the AQS via electronic transmission on the 
specified schedule described in paragraphs (b) and (d) of this section.
    (b) The specific quarterly reporting periods are January 1-March 31, 
April 1-June 30, July 1-September 30, and October 1-December 31. The 
data and information reported for each reporting period must contain all 
data and information gathered during the reporting period, and be 
received in the AQS within 90 days after the end of the quarterly 
reporting period. For example, the data for the reporting period January 
1-March 31 are due on or before June 30 of that year.
    (c) Air quality data submitted for each reporting period must be 
edited, validated, and entered into the AQS (within the time limits 
specified in paragraphs (b) and (d) of this section) pursuant to 
appropriate AQS procedures. The procedures for editing and validating 
data are described in the AQS Data Coding Manual and in each monitoring 
agency's quality assurance project plan.
    (d) The state shall report VOC and if collected, carbonyl, 
NH3, and HNO3 data from PAMS sites, and chemically 
speciated PM2.5 mass concentration data to AQS within 6 
months following the end of each quarterly reporting period listed in 
paragraph (b) of this section.
    (e) The State shall also submit any portion or all of the SLAMS and 
SPM data to the appropriate Regional Administrator upon request.
    (f) The state, or where applicable, local agency shall archive all 
PM 2.5, PM 10, and PM 10-2.5 filters 
from manual low-volume samplers (samplers having flow rates less than 
200 liters/minute) from all SLAMS sites for a minimum period of 5 years 
after collection. These filters shall be made available for supplemental 
analyses, including destructive analyses if necessary, at the request of 
EPA or to provide information to state and local agencies on particulate 
matter composition. Other Federal agencies may request access to filters 
for purposes of supporting air quality management or community health--
such as biological assay--through the applicable EPA Regional 
Administrator. The filters shall be archived according to procedures 
approved by the Administrator, which shall include cold storage of 
filters after post-sampling laboratory analyses for at least 12 months 
following field sampling. The EPA recommends that particulate matter 
filters be archived for longer periods, especially for key sites in 
making NAAQS-related decisions or for supporting health-related air 
pollution studies.
    (g) Any State or, where applicable, local agency operating a 
continuous SO2 analyzer shall report the maximum 5-minute 
SO2 block average of the twelve 5-minute block averages in 
each hour, in addition to the hourly SO2 average.

[71 FR 61298, Oct. 17, 2006, as amended at 73 FR 67059, Nov. 12, 2008; 
75 FR 6534, Feb. 9, 2010; 75 FR 35602, June 22, 2010; 78 FR 3283, Jan. 
15, 2013; 81 FR 17280, Mar. 28, 2016]



                   Subpart C_Special Purpose Monitors

    Source: 71 FR 61302, Oct. 17, 2006, unless otherwise noted.

[[Page 260]]



Sec. 58.20  Special purpose monitors (SPM).

    (a) An SPM is defined as any monitor included in an agency's 
monitoring network that the agency has designated as a special purpose 
monitor in its annual monitoring network plan and in AQS, and which the 
agency does not count when showing compliance with the minimum 
requirements of this subpart for the number and siting of monitors of 
various types. Any SPM operated by an air monitoring agency must be 
included in the periodic assessments and annual monitoring network plan 
required by Sec. 58.10. The plan shall include a statement of purposes 
for each SPM monitor and evidence that operation of each monitor meets 
the requirements of appendix A or an approved alternative as provided by 
Sec. 58.11(a)(2) where applicable. The monitoring agency may designate a 
monitor as an SPM after January 1, 2007 only if it is a new monitor, 
i.e., a SLAMS monitor that is not included in the currently applicable 
monitoring plan or, for a monitor included in the monitoring plan prior 
to January 1, 2007, if the Regional Administrator has approved the 
discontinuation of the monitor as a SLAMS site.
    (b) Any SPM data collected by an air monitoring agency using a 
Federal reference method (FRM), Federal equivalent method (FEM), or 
approved regional method (ARM) must meet the requirements of Sec. 58.11, 
Sec. 58.12, and appendix A to this part or an approved alternative to 
appendix A to this part. Compliance with appendix E to this part is 
optional but encouraged except when the monitoring agency's data 
objectives are inconsistent with those requirements. Data collected at 
an SPM using a FRM, FEM, or ARM meeting the requirements of appendix A 
must be submitted to AQS according to the requirements of Sec. 58.16. 
Data collected by other SPMs may be submitted. The monitoring agency 
must also submit to AQS an indication of whether each SPM reporting data 
to AQS monitor meets the requirements of appendices A and E to this 
part.
    (c) All data from an SPM using an FRM, FEM, or ARM which has 
operated for more than 24 months are eligible for comparison to the 
relevant NAAQS, subject to the conditions of Secs. 58.11(e) and 58.30, 
unless the air monitoring agency demonstrates that the data came from a 
particular period during which the requirements of appendix A, appendix 
C, or appendix E to this part were not met, subject to review and EPA 
Regional Office approval as part of t, App. he annual monitoring network 
plan described in Sec. 58.10.
    (d) If an SPM using an FRM, FEM, or ARM is discontinued within 24 
months of start-up, the Administrator will not base a NAAQS violation 
determination for the PM 2.5 or ozone NAAQS solely on data 
from the SPM.
    (e) If an SPM using an FRM, FEM, or ARM is discontinued within 24 
months of start-up, the Administrator will not designate an area as 
nonattainment for the CO, SO2, NO2, or 24-hour PM 
10 NAAQS solely on the basis of data from the SPM. Such data 
are eligible for use in determinations of whether a nonattainment area 
has attained one of these NAAQS.
    (f) Prior approval from EPA is not required for discontinuance of an 
SPM.

[71 FR 61298, Oct. 17, 2006, as amended at 72 FR 32210, June 12, 2007; 
73 FR 67060, Nov. 12, 2008; 78 FR 3283, Jan. 15, 2013]



          Subpart D_Comparability of Ambient Data to the NAAQS

    Source: 71 FR 61302, Oct. 17, 2006, unless otherwise noted.



Sec. 58.30  Special considerations for data comparisons to the NAAQS.

    (a) Comparability of PM 2.5 data. The primary and secondary annual 
and 24-hour PM 2.5 NAAQS are described in part 50 of this 
chapter. Monitors that follow the network technical requirements 
specified in Sec. 58.11 are eligible for comparison to the NAAQS subject 
to the additional requirements of this section. PM 2.5 
measurement data from all eligible monitors are comparable to the 24-
hour PM 2.5 NAAQS. PM 2.5 measurement data from 
all eligible monitors that are representative of area-wide air quality 
are comparable to the annual PM 2.5 NAAQS. Consistent with 
appendix D to this part, section 4.7.1, when micro- or middle-scale PM 
2.5 monitoring sites collectively identify a larger region of 
localized high ambient

[[Page 261]]

PM 2.5 concentrations, such sites would be considered 
representative of an area-wide location and, therefore, eligible for 
comparison to the annual PM 2.5 NAAQS. PM 2.5 
measurement data from monitors that are not representative of area-wide 
air quality but rather of relatively unique micro-scale, or localized 
hot spot, or unique middle-scale impact sites are not eligible for 
comparison to the annual PM 2.5 NAAQS. PM 2.5 
measurement data from these monitors are eligible for comparison to the 
24-hour PM 2.5 NAAQS. For example, if a micro- or middle-
scale PM 2.5 monitoring site is adjacent to a unique 
dominating local PM 2.5 source, then the PM 2.5 
measurement data from such a site would only be eligible for comparison 
to the 24-hour PM 2.5 NAAQS. Approval of sites that are 
suitable and sites that are not suitable for comparison with the annual 
PM 2.5 NAAQS is provided for as part of the annual monitoring 
network plan described in Sec. 58.10.
    (b) [Reserved]

[71 FR 61302, Oct. 17, 2006, as amended at 78 FR 3283, Jan. 15, 2013]

Subpart E [Reserved]



                  Subpart F_Air Quality Index Reporting



Sec. 58.50  Index reporting.

    (a) The State or where applicable, local agency shall report to the 
general public on a daily basis through prominent notice an air quality 
index that complies with the requirements of appendix G to this part.
    (b) Reporting is required for all individual MSA with a population 
exceeding 350,000.
    (c) The population of a metropolitan statistical area for purposes 
of index reporting is the latest available U.S. census population.

[71 FR 61302, Oct. 17, 2006, as amended at 80 FR 65466, Oct. 26, 2015]



                      Subpart G_Federal Monitoring

    Source: 44 FR 27571, May 10, 1979, unless otherwise noted. 
Redesignated at 58 FR 8467, Feb. 12, 1993.



Sec. 58.60  Federal monitoring.

    The Administrator may locate and operate an ambient air monitoring 
site if the State or local agency fails to locate, or schedule to be 
located, during the initial network design process, or as a result of 
the 5-year network assessments required in Sec. 58.10, a SLAMS station 
at a site which is necessary in the judgment of the Regional 
Administrator to meet the objectives defined in appendix D to this part.

[71 FR 61303, Oct. 17, 2006]



Sec. 58.61  Monitoring other pollutants.

    The Administrator may promulgate criteria similar to that referenced 
in subpart B of this part for monitoring a pollutant for which an NAAQS 
does not exist. Such an action would be taken whenever the Administrator 
determines that a nationwide monitoring program is necessary to monitor 
such a pollutant.

[71 FR 61303, Oct. 17, 2006]



Sec. Appendix A to Part 58--Quality Assurance Requirements for Monitors 
      used in Evaluations of National Ambient Air Quality Standards

1. General Information
2. Quality System Requirements
3. Measurement Quality Check Requirements
4. Calculations for Data Quality Assessments
5. Reporting Requirements
6. References

                         1. General Information

    1.1  Applicability. (a) This appendix specifies the minimum quality 
system requirements applicable to SLAMS and other monitor types whose 
data are intended to be used to determine compliance with the NAAQS 
(e.g., SPMs, tribal, CASTNET, NCore, industrial, etc.), unless the EPA 
Regional Administrator has reviewed and approved the monitor for 
exclusion from NAAQS use and these quality assurance requirements.
    (b) Primary quality assurance organizations are encouraged to 
develop and maintain quality systems more extensive than the required 
minimums. Additional guidance for the requirements reflected in this 
appendix can be found in the ``Quality Assurance Handbook for Air 
Pollution Measurement Systems,'' Volume II (see reference 10 of this 
appendix) and at a national level in references 1, 2, and 3 of this 
appendix.
    1.2 Primary Quality Assurance Organization (PQAO). A PQAO is defined 
as a monitoring

[[Page 262]]

organization or a group of monitoring organizations or other 
organization that is responsible for a set of stations that monitors the 
same pollutant and for which data quality assessments will be pooled. 
Each criteria pollutant sampler/monitor must be associated with only one 
PQAO. In some cases, data quality is assessed at the PQAO level.
    1.2.1  Each PQAO shall be defined such that measurement uncertainty 
among all stations in the organization can be expected to be reasonably 
homogeneous as a result of common factors. Common factors that should be 
considered in defining PQAOs include:
    (a) Operation by a common team of field operators according to a 
common set of procedures;
    (b) Use of a common quality assurance project plan (QAPP) or 
standard operating procedures;
    (c) Common calibration facilities and standards;
    (d) Oversight by a common quality assurance organization; and
    (e) Support by a common management organization (i.e., state agency) 
or laboratory.
    Since data quality assessments are made and data certified at the 
PQAO level, the monitoring organization identified as the PQAO will be 
responsible for the oversight of the quality of data of all monitoring 
organizations within the PQAO.
    1.2.2  Monitoring organizations having difficulty describing its 
PQAO or in assigning specific monitors to primary quality assurance 
organizations should consult with the appropriate EPA Regional Office. 
Any consolidation of monitoring organizations to PQAOs shall be subject 
to final approval by the appropriate EPA Regional Office.
    1.2.3  Each PQAO is required to implement a quality system that 
provides sufficient information to assess the quality of the monitoring 
data. The quality system must, at a minimum, include the specific 
requirements described in this appendix. Failure to conduct or pass a 
required check or procedure, or a series of required checks or 
procedures, does not by itself invalidate data for regulatory decision 
making. Rather, PQAOs and the EPA shall use the checks and procedures 
required in this appendix in combination with other data quality 
information, reports, and similar documentation that demonstrate overall 
compliance with Part 58. Accordingly, the EPA and PQAOs shall use a 
``weight of evidence'' approach when determining the suitability of data 
for regulatory decisions. The EPA reserves the authority to use or not 
use monitoring data submitted by a monitoring organization when making 
regulatory decisions based on the EPA's assessment of the quality of the 
data. Consensus built validation templates or validation criteria 
already approved in QAPPs should be used as the basis for the weight of 
evidence approach.
    1.3  Definitions.
    (a) Measurement Uncertainty. A term used to describe deviations from 
a true concentration or estimate that are related to the measurement 
process and not to spatial or temporal population attributes of the air 
being measured.
    (b) Precision. A measurement of mutual agreement among individual 
measurements of the same property usually under prescribed similar 
conditions, expressed generally in terms of the standard deviation.
    (c) Bias. The systematic or persistent distortion of a measurement 
process which causes errors in one direction.
    (d) Accuracy. The degree of agreement between an observed value and 
an accepted reference value. Accuracy includes a combination of random 
error (imprecision) and systematic error (bias) components which are due 
to sampling and analytical operations.
    (e) Completeness. A measure of the amount of valid data obtained 
from a measurement system compared to the amount that was expected to be 
obtained under correct, normal conditions.
    (f) Detection Limit. The lowest concentration or amount of target 
analyte that can be determined to be different from zero by a single 
measurement at a stated level of probability.
    1.4  Measurement Quality Checks. The measurement quality checks 
described in section 3 of this appendix shall be reported to AQS and are 
included in the data required for certification.
    1.5  Assessments and Reports. Periodic assessments and documentation 
of data quality are required to be reported to the EPA. To provide 
national uniformity in this assessment and reporting of data quality for 
all networks, specific assessment and reporting procedures are 
prescribed in detail in sections 3, 4, and 5 of this appendix. On the 
other hand, the selection and extent of the quality assurance and 
quality control activities used by a monitoring organization depend on a 
number of local factors such as field and laboratory conditions, the 
objectives for monitoring, the level of data quality needed, the 
expertise of assigned personnel, the cost of control procedures, 
pollutant concentration levels, etc. Therefore, quality system 
requirements in section 2 of this appendix are specified in general 
terms to allow each monitoring organization to develop a quality system 
that is most efficient and effective for its own circumstances while 
achieving the data quality objectives described in this appendix.

                     2. Quality System Requirements

    A quality system (reference 1 of this appendix) is the means by 
which an organization manages the quality of the monitoring

[[Page 263]]

information it produces in a systematic, organized manner. It provides a 
framework for planning, implementing, assessing and reporting work 
performed by an organization and for carrying out required quality 
assurance and quality control activities.
    2.1  Quality Management Plans and Quality Assurance Project Plans. 
All PQAOs must develop a quality system that is described and approved 
in quality management plans (QMP) and QAPPs to ensure that the 
monitoring results:
    (a) Meet a well-defined need, use, or purpose (reference 5 of this 
appendix);
    (b) Provide data of adequate quality for the intended monitoring 
objectives;
    (c) Satisfy stakeholder expectations;
    (d) Comply with applicable standards specifications;
    (e) Comply with statutory (and other legal) requirements; and
    (f) Reflect consideration of cost and economics.
    2.1.1  The QMP describes the quality system in terms of the 
organizational structure, functional responsibilities of management and 
staff, lines of authority, and required interfaces for those planning, 
implementing, assessing and reporting activities involving environmental 
data operations (EDO). The QMP must be suitably documented in accordance 
with EPA requirements (reference 2 of this appendix), and approved by 
the appropriate Regional Administrator, or his or her representative. 
The quality system described in the QMP will be reviewed during the 
systems audits described in section 2.5 of this appendix. Organizations 
that implement long-term monitoring programs with EPA funds should have 
a separate QMP document. Smaller organizations, organizations that do 
infrequent work with the EPA or have monitoring programs of limited size 
or scope may combine the QMP with the QAPP if approved by, and subject 
to any conditions of the EPA. Additional guidance on this process can be 
found in reference 10 of this appendix. Approval of the recipient's QMP 
by the appropriate Regional Administrator or his or her representative 
may allow delegation of authority to the PQAOs independent quality 
assurance function to review and approve environmental data collection 
activities adequately described and covered under the scope of the QMP 
and documented in appropriate planning documents (QAPP). Where a PQAO or 
monitoring organization has been delegated authority to review and 
approve their QAPP, an electronic copy must be submitted to the EPA 
region at the time it is submitted to the PQAO/monitoring organization's 
QAPP approving authority. The QAPP will be reviewed by the EPA during 
systems audits or circumstances related to data quality. The QMP 
submission and approval dates for PQAOs/monitoring organizations must be 
reported to AQS either by the monitoring organization or the EPA Region.
    2.1.2  The QAPP is a formal document describing, in sufficient 
detail, the quality system that must be implemented to ensure that the 
results of work performed will satisfy the stated objectives. PQAOs must 
develop QAPPs that describe how the organization intends to control 
measurement uncertainty to an appropriate level in order to achieve the 
data quality objectives for the EDO. The quality assurance policy of the 
EPA requires every EDO to have a written and approved QAPP prior to the 
start of the EDO. It is the responsibility of the PQAO/monitoring 
organization to adhere to this policy. The QAPP must be suitably 
documented in accordance with EPA requirements (reference 3 of this 
appendix) and include standard operating procedures for all EDOs either 
within the document or by appropriate reference. The QAPP must identify 
each PQAO operating monitors under the QAPP as well as generally 
identify the sites and monitors to which it is applicable either within 
the document or by appropriate reference. The QAPP submission and 
approval dates must be reported to AQS either by the monitoring 
organization or the EPA Region.
    2.1.3  The PQAO/monitoring organization's quality system must have 
adequate resources both in personnel and funding to plan, implement, 
assess and report on the achievement of the requirements of this 
appendix and it's approved QAPP.
    2.2  Independence of Quality Assurance. The PQAO must provide for a 
quality assurance management function, that aspect of the overall 
management system of the organization that determines and implements the 
quality policy defined in a PQAO's QMP. Quality management includes 
strategic planning, allocation of resources and other systematic 
planning activities (e.g., planning, implementation, assessing and 
reporting) pertaining to the quality system. The quality assurance 
management function must have sufficient technical expertise and 
management authority to conduct independent oversight and assure the 
implementation of the organization's quality system relative to the 
ambient air quality monitoring program and should be organizationally 
independent of environmental data generation activities.
    2.3.  Data Quality Performance Requirements.
    2.3.1  Data Quality Objectives. The DQOs, or the results of other 
systematic planning processes, are statements that define the 
appropriate type of data to collect and specify the tolerable levels of 
potential decision errors that will be used as a basis for establishing 
the quality and quantity of data needed to support the monitoring 
objectives (reference 5 of this appendix). The DQOs will be developed by 
the EPA to support the primary regulatory objectives for each criteria

[[Page 264]]

pollutant. As they are developed, they will be added to the regulation. 
The quality of the conclusions derived from data interpretation can be 
affected by population uncertainty (spatial or temporal uncertainty) and 
measurement uncertainty (uncertainty associated with collecting, 
analyzing, reducing and reporting concentration data). This appendix 
focuses on assessing and controlling measurement uncertainty.
    2.3.1.1  Measurement Uncertainty for Automated and Manual 
PM2.5 Methods. The goal for acceptable measurement 
uncertainty is defined for precision as an upper 90 percent confidence 
limit for the coefficient of variation (CV) of 10 percent and 10 
percent for total bias.
    2.3.1.2  Measurement Uncertainty for Automated O3 
Methods. The goal for acceptable measurement uncertainty is defined for 
precision as an upper 90 percent confidence limit for the CV of 7 
percent and for bias as an upper 95 percent confidence limit for the 
absolute bias of 7 percent.
    2.3.1.3  Measurement Uncertainty for Pb Methods. The goal for 
acceptable measurement uncertainty is defined for precision as an upper 
90 percent confidence limit for the CV of 20 percent and for bias as an 
upper 95 percent confidence limit for the absolute bias of 15 percent.
    2.3.1.4  Measurement Uncertainty for NO2. The goal for 
acceptable measurement uncertainty is defined for precision as an upper 
90 percent confidence limit for the CV of 15 percent and for bias as an 
upper 95 percent confidence limit for the absolute bias of 15 percent.
    2.3.1.5  Measurement Uncertainty for SO2. The goal for 
acceptable measurement uncertainty for precision is defined as an upper 
90 percent confidence limit for the CV of 10 percent and for bias as an 
upper 95 percent confidence limit for the absolute bias of 10 percent.
    2.4  National Performance Evaluation Programs. The PQAO shall 
provide for the implementation of a program of independent and adequate 
audits of all monitors providing data for NAAQS compliance purposes 
including the provision of adequate resources for such audit programs. A 
monitoring plan (or QAPP) which provides for PQAO participation in the 
EPA's National Performance Audit Program (NPAP), the PM2.5 
Performance Evaluation Program (PM2.5-PEP) program and the Pb 
Performance Evaluation Program (Pb-PEP) and indicates the consent of the 
PQAO for the EPA to apply an appropriate portion of the grant funds, 
which the EPA would otherwise award to the PQAO for these QA activities, 
will be deemed by the EPA to meet this requirement. For clarification 
and to participate, PQAOs should contact either the appropriate EPA 
regional quality assurance (QA) coordinator at the appropriate EPA 
Regional Office location, or the NPAP coordinator at the EPA Air Quality 
Assessment Division, Office of Air Quality Planning and Standards, in 
Research Triangle Park, North Carolina. The PQAOs that plan to implement 
these programs (self-implement) rather than use the federal programs 
must meet the adequacy requirements found in the appropriate sections 
that follow, as well as meet the definition of independent assessment 
that follows.
    2.4.1  Independent assessment. An assessment performed by a 
qualified individual, group, or organization that is not part of the 
organization directly performing and accountable for the work being 
assessed. This auditing organization must not be involved with the 
generation of the ambient air monitoring data. An organization can 
conduct the performance evaluation (PE) if it can meet this definition 
and has a management structure that, at a minimum, will allow for the 
separation of its routine sampling personnel from its auditing personnel 
by two levels of management. In addition, the sample analysis of audit 
filters must be performed by a laboratory facility and laboratory 
equipment separate from the facilities used for routine sample analysis. 
Field and laboratory personnel will be required to meet PE field and 
laboratory training and certification requirements to establish 
comparability to federally implemented programs.
    2.5  Technical Systems Audit Program. Technical systems audits of 
each PQAO shall be conducted at least every 3 years by the appropriate 
EPA Regional Office and reported to the AQS. If a PQAO is made up of 
more than one monitoring organization, all monitoring organizations in 
the PQAO should be audited within 6 years (two TSA cycles of the PQAO). 
As an example, if a state has five local monitoring organizations that 
are consolidated under one PQAO, all five local monitoring organizations 
should receive a technical systems audit within a 6-year period. Systems 
audit programs are described in reference 10 of this appendix.
    2.6  Gaseous and Flow Rate Audit Standards.
    2.6.1  Gaseous pollutant concentration standards (permeation devices 
or cylinders of compressed gas) used to obtain test concentrations for 
CO, SO2, NO, and NO2 must be traceable to either a 
National Institute of Standards and Technology (NIST) Traceable 
Reference Material (NTRM) or a NIST-certified Gas Manufacturer's 
Internal Standard (GMIS), certified in accordance with one of the 
procedures given in reference 4 of this appendix. Vendors advertising 
certification with the procedures provided in reference 4 of this 
appendix and distributing gases as ``EPA Protocol Gas'' for ambient air 
monitoring purposes must participate in the EPA

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Ambient Air Protocol Gas Verification Program or not use ``EPA'' in any 
form of advertising. Monitoring organizations must provide information 
to the EPA on the gas producers they use on an annual basis and those 
PQAOs purchasing standards will be obligated, at the request of the EPA, 
to participate in the program at least once every 5 years by sending a 
new unused standard to a designated verification laboratory.
    2.6.2  Test concentrations for O3 must be obtained in 
accordance with the ultraviolet photometric calibration procedure 
specified in appendix D to Part 50 of this chapter and by means of a 
certified NIST-traceable O3 transfer standard. Consult 
references 7 and 8 of this appendix for guidance on transfer standards 
for O3.
    2.6.3  Flow rate measurements must be made by a flow measuring 
instrument that is NIST-traceable to an authoritative volume or other 
applicable standard. Guidance for certifying some types of flowmeters is 
provided in reference 10 of this appendix.
    2.7  Primary Requirements and Guidance. Requirements and guidance 
documents for developing the quality system are contained in references 
1 through 11 of this appendix, which also contain many suggested 
procedures, checks, and control specifications. Reference 10 describes 
specific guidance for the development of a quality system for data 
collected for comparison to the NAAQS. Many specific quality control 
checks and specifications for methods are included in the respective 
reference methods described in Part 50 of this chapter or in the 
respective equivalent method descriptions available from the EPA 
(reference 6 of this appendix). Similarly, quality control procedures 
related to specifically designated reference and equivalent method 
monitors are contained in the respective operation or instruction 
manuals associated with those monitors.

                3. Measurement Quality Check Requirements

    This section provides the requirements for PQAOs to perform the 
measurement quality checks that can be used to assess data quality. Data 
from these checks are required to be submitted to the AQS within the 
same time frame as routinely-collected ambient concentration data as 
described in 40 CFR 58.16. Table A-1 of this appendix provides a summary 
of the types and frequency of the measurement quality checks that will 
be described in this section.
    3.1.  Gaseous Monitors of SO2, NO2, 
O3, and CO.
    3.1.1  One-Point Quality Control (QC) Check for SO2, 
NO2, O3, and CO. (a) A one-point QC check must be 
performed at least once every 2 weeks on each automated monitor used to 
measure SO2, NO2, O3 and CO. With the 
advent of automated calibration systems, more frequent checking is 
strongly encouraged. See Reference 10 of this appendix for guidance on 
the review procedure. The QC check is made by challenging the monitor 
with a QC check gas of known concentration (effective concentration for 
open path monitors) between the prescribed range of 0.005 and 0.08 parts 
per million (ppm) for SO2, NO2, and O3, 
and between the prescribed range of 0.5 and 5 ppm for CO monitors. The 
QC check gas concentration selected within the prescribed range should 
be related to the monitoring objectives for the monitor. If monitoring 
at an NCore site or for trace level monitoring, the QC check 
concentration should be selected to represent the mean or median 
concentrations at the site. If the mean or median concentrations at 
trace gas sites are below the MDL of the instrument the agency can 
select the lowest concentration in the prescribed range that can be 
practically achieved. If the mean or median concentrations at trace gas 
sites are above the prescribed range the agency can select the highest 
concentration in the prescribed range. An additional QC check point is 
encouraged for those organizations that may have occasional high values 
or would like to confirm the monitors' linearity at the higher end of 
the operational range or around NAAQS concentrations. If monitoring for 
NAAQS decisions, the QC concentration can be selected at a higher 
concentration within the prescribed range but should also consider 
precision points around mean or median monitor concentrations.
    (b) Point analyzers must operate in their normal sampling mode 
during the QC check and the test atmosphere must pass through all 
filters, scrubbers, conditioners and other components used during normal 
ambient sampling and as much of the ambient air inlet system as is 
practicable. The QC check must be conducted before any calibration or 
adjustment to the monitor.
    (c) Open path monitors are tested by inserting a test cell 
containing a QC check gas concentration into the optical measurement 
beam of the instrument. If possible, the normally used transmitter, 
receiver, and as appropriate, reflecting devices should be used during 
the test, and the normal monitoring configuration of the instrument 
should be altered as little as possible to accommodate the test cell for 
the test. However, if permitted by the associated operation or 
instruction manual, an alternate local light source or an alternate 
optical path that does not include the normal atmospheric monitoring 
path may be used. The actual concentration of the QC check gas in the 
test cell must be selected to produce an effective concentration in the 
range specified earlier in this section. Generally, the QC test 
concentration measurement will be the sum of the atmospheric pollutant 
concentration and

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the QC test concentration. As such, the result must be corrected to 
remove the atmospheric concentration contribution. The corrected 
concentration is obtained by subtracting the average of the atmospheric 
concentrations measured by the open path instrument under test 
immediately before and immediately after the QC test from the QC check 
gas concentration measurement. If the difference between these before 
and after measurements is greater than 20 percent of the effective 
concentration of the test gas, discard the test result and repeat the 
test. If possible, open path monitors should be tested during periods 
when the atmospheric pollutant concentrations are relatively low and 
steady.
    (d) Report the audit concentration of the QC gas and the 
corresponding measured concentration indicated by the monitor to AQS. 
The percent differences between these concentrations are used to assess 
the precision and bias of the monitoring data as described in sections 
4.1.2 (precision) and 4.1.3 (bias) of this appendix.
    3.1.2  Annual performance evaluation for SO2, NO2, O3, or CO. A 
performance evaluation must be conducted on each primary monitor once a 
year. This can be accomplished by evaluating 25 percent of the primary 
monitors each quarter. The evaluation should be conducted by a trained 
experienced technician other than the routine site operator.
    3.1.2.1  The evaluation is made by challenging the monitor with 
audit gas standards of known concentration from at least three audit 
levels. One point must be within two to three times the method detection 
limit of the instruments within the PQAOs network, the second point will 
be less than or equal to the 99th percentile of the data at the site or 
the network of sites in the PQAO or the next highest audit concentration 
level. The third point can be around the primary NAAQS or the highest 3-
year concentration at the site or the network of sites in the PQAO. An 
additional 4th level is encouraged for those agencies that would like to 
confirm the monitors' linearity at the higher end of the operational 
range. In rare circumstances, there may be sites measuring 
concentrations above audit level 10. Notify the appropriate EPA region 
and the AQS program in order to make accommodations for auditing at 
levels above level 10.

----------------------------------------------------------------------------------------------------------------
                                                                     Concentration Range, ppm
                   Audit level                   ---------------------------------------------------------------
                                                        O3              SO2             NO2             CO
----------------------------------------------------------------------------------------------------------------
1...............................................    0.004-0.0059   0.0003-0.0029   0.0003-0.0029     0.020-0.059
2...............................................     0.006-0.019   0.0030-0.0049   0.0030-0.0049     0.060-0.199
3...............................................     0.020-0.039   0.0050-0.0079   0.0050-0.0079     0.200-0.899
4...............................................     0.040-0.069   0.0080-0.0199   0.0080-0.0199     0.900-2.999
5...............................................     0.070-0.089   0.0200-0.0499   0.0200-0.0499     3.000-7.999
6...............................................     0.090-0.119   0.0500-0.0999   0.0500-0.0999    8.000-15.999
7...............................................     0.120-0.139   0.1000-0.1499   0.1000-0.2999   16.000-30.999
8...............................................     0.140-0.169   0.1500-0.2599   0.3000-0.4999   31.000-39.999
9...............................................     0.170-0.189   0.2600-0.7999   0.5000-0.7999   40.000-49.999
10..............................................     0.190-0.259    0.8000-1.000    0.8000-1.000   50.000-60.000
----------------------------------------------------------------------------------------------------------------

    3.1.2.2  The NO2 audit techniques may vary depending on 
the ambient monitoring method. For chemiluminescence-type NO2 
analyzers, gas phase titration (GPT) techniques should be based on EPA 
guidance documents and monitoring agency experience. The NO2 
gas standards may be more appropriate than GPT for direct NO2 
methods that do not employ converters. Care should be taken to ensure 
the stability of such gas standards prior to use.
    3.1.2.3  The standards from which audit gas test concentrations are 
obtained must meet the specifications of section 2.6.1 of this appendix. 
The gas standards and equipment used for the performance evaluation must 
not be the same as the standards and equipment used for one-point QC, 
calibrations, span evaluations or NPAP.
    3.1.2.4  For point analyzers, the evaluation shall be carried out by 
allowing the monitor to analyze the audit gas test atmosphere in its 
normal sampling mode such that the test atmosphere passes through all 
filters, scrubbers, conditioners, and other sample inlet components used 
during normal ambient sampling and as much of the ambient air inlet 
system as is practicable.
    3.1.2.5  Open-path monitors are evaluated by inserting a test cell 
containing the various audit gas concentrations into the optical 
measurement beam of the instrument. If possible, the normally used 
transmitter, receiver, and, as appropriate, reflecting devices should be 
used during the evaluation, and the normal monitoring configuration of 
the instrument should be modified as little as possible to accommodate 
the test cell for the evaluation. However, if permitted by the 
associated operation or instruction manual, an alternate local light 
source or an alternate optical path that does not include the normal 
atmospheric monitoring path may be used. The actual concentrations of 
the audit gas in the test cell must be selected to

[[Page 267]]

produce effective concentrations in the evaluation level ranges 
specified in this section of this appendix. Generally, each evaluation 
concentration measurement result will be the sum of the atmospheric 
pollutant concentration and the evaluation test concentration. As such, 
the result must be corrected to remove the atmospheric concentration 
contribution. The corrected concentration is obtained by subtracting the 
average of the atmospheric concentrations measured by the open path 
instrument under test immediately before and immediately after the 
evaluation test (or preferably before and after each evaluation 
concentration level) from the evaluation concentration measurement. If 
the difference between the before and after measurements is greater than 
20 percent of the effective concentration of the test gas standard, 
discard the test result for that concentration level and repeat the test 
for that level. If possible, open path monitors should be evaluated 
during periods when the atmospheric pollutant concentrations are 
relatively low and steady. Also, if the open-path instrument is not 
installed in a permanent manner, the monitoring path length must be 
reverified to be within 3 percent to validate the evaluation since the 
monitoring path length is critical to the determination of the effective 
concentration.
    3.1.2.6  Report both the evaluation concentrations (effective 
concentrations for open-path monitors) of the audit gases and the 
corresponding measured concentration (corrected concentrations, if 
applicable, for open path monitors) indicated or produced by the monitor 
being tested to AQS. The percent differences between these 
concentrations are used to assess the quality of the monitoring data as 
described in section 4.1.1 of this appendix.
    3.1.3  National Performance Audit Program (NPAP).
    The NPAP is a performance evaluation which is a type of audit where 
quantitative data are collected independently in order to evaluate the 
proficiency of an analyst, monitoring instrument or laboratory. Due to 
the implementation approach used in the program, NPAP provides a 
national independent assessment of performance while maintaining a 
consistent level of data quality. Details of the program can be found in 
reference 11 of this appendix. The program requirements include:
    3.1.3.1  Performing audits of the primary monitors at 20 percent of 
monitoring sites per year, and 100 percent of the sites every 6 years. 
High-priority sites may be audited more frequently. Since not all 
gaseous criteria pollutants are monitored at every site within a PQAO, 
it is not required that 20 percent of the primary monitors for each 
pollutant receive an NPAP audit each year only that 20 percent of the 
PQAOs monitoring sites receive an NPAP audit. It is expected that over 
the 6-year period all primary monitors for all gaseous pollutants will 
receive an NPAP audit.
    3.1.3.2  Developing a delivery system that will allow for the audit 
concentration gasses to be introduced to the probe inlet where 
logistically feasible.
    3.1.3.3  Using audit gases that are verified against the NIST 
standard reference methods or special review procedures and validated 
annually for CO, SO2 and NO2, and at the beginning 
of each quarter of audits for O3.
    3.1.3.4  As described in section 2.4 of this appendix, the PQAO may 
elect, on an annual basis, to utilize the federally implemented NPAP 
program. If the PQAO plans to self-implement NPAP, the EPA will 
establish training and other technical requirements for PQAOs to 
establish comparability to federally implemented programs. In addition 
to meeting the requirements in sections 3.1.3.1 through 3.1.3.3 of this 
appendix, the PQAO must:
    (a) Utilize an audit system equivalent to the federally implemented 
NPAP audit system and is separate from equipment used in annual 
performance evaluations.
    (b) Perform a whole system check by having the NPAP system tested 
against an independent and qualified EPA lab, or equivalent.
    (c) Evaluate the system with the EPA NPAP program through collocated 
auditing at an acceptable number of sites each year (at least one for an 
agency network of five or less sites; at least two for a network with 
more than five sites).
    (d) Incorporate the NPAP in the PQAO's quality assurance project 
plan.
    (e) Be subject to review by independent, EPA-trained personnel.
    (f) Participate in initial and update training/certification 
sessions.
    3.1.3.5  OAQPS, in consultation with the relevant EPA Regional 
Office, may approve the PQAO's plan to self-implement NPAP if the OAQPS 
determines that the PQAO's self-implementation plan is equivalent to the 
federal programs and adequate to meet the objectives of national 
consistency and data quality.
    3.2  PM2.5.
    3.2.1  Flow Rate Verification for PM2.5. A one-point flow rate 
verification check must be performed at least once every month (each 
verification minimally separated by 14 days) on each monitor used to 
measure PM2.5. The verification is made by checking the 
operational flow rate of the monitor. If the verification is made in 
conjunction with a flow rate adjustment, it must be made prior to such 
flow rate adjustment. For the standard procedure, use a flow rate 
transfer standard certified in accordance with section 2.6 of this 
appendix to check the monitor's

[[Page 268]]

normal flow rate. Care should be used in selecting and using the flow 
rate measurement device such that it does not alter the normal operating 
flow rate of the monitor. Report the flow rate of the transfer standard 
and the corresponding flow rate measured by the monitor to AQS. The 
percent differences between the audit and measured flow rates are used 
to assess the bias of the monitoring data as described in section 4.2.2 
of this appendix (using flow rates in lieu of concentrations).
    3.2.2  Semi-Annual Flow Rate Audit for PM2.5. Audit the flow rate of 
the particulate monitor twice a year. The two audits should ideally be 
spaced between 5 and 7 months apart. The EPA strongly encourages more 
frequent auditing. The audit should (preferably) be conducted by a 
trained experienced technician other than the routine site operator. The 
audit is made by measuring the monitor's normal operating flow rate(s) 
using a flow rate transfer standard certified in accordance with section 
2.6 of this appendix. The flow rate standard used for auditing must not 
be the same flow rate standard used for verifications or to calibrate 
the monitor. However, both the calibration standard and the audit 
standard may be referenced to the same primary flow rate or volume 
standard. Care must be taken in auditing the flow rate to be certain 
that the flow measurement device does not alter the normal operating 
flow rate of the monitor. Report the audit flow rate of the transfer 
standard and the corresponding flow rate measured by the monitor to AQS. 
The percent differences between these flow rates are used to evaluate 
monitor performance.
    3.2.3  Collocated Quality Control Sampling Procedures for PM2.5. For 
each pair of collocated monitors, designate one sampler as the primary 
monitor whose concentrations will be used to report air quality for the 
site, and designate the other as the quality control monitor. There can 
be only one primary monitor at a monitoring site for a given time 
period.
    3.2.3.1  For each distinct monitoring method designation (FRM or 
FEM) that a PQAO is using for a primary monitor, the PQAO must have 15 
percent of the primary monitors of each method designation collocated 
(values of 0.5 and greater round up); and have at least one collocated 
quality control monitor (if the total number of monitors is less than 
three). The first collocated monitor must be a designated FRM monitor.
    3.2.3.2  In addition, monitors selected for collocation must also 
meet the following requirements:
    (a) A primary monitor designated as an EPA FRM shall be collocated 
with a quality control monitor having the same EPA FRM method 
designation.
    (b) For each primary monitor designated as an EPA FEM used by the 
PQAO, 50 percent of the monitors designated for collocation, or the 
first if only one collocation is necessary, shall be collocated with a 
FRM quality control monitor and 50 percent of the monitors shall be 
collocated with a monitor having the same method designation as the FEM 
primary monitor. If an odd number of collocated monitors is required, 
the additional monitor shall be a FRM quality control monitor. An 
example of the distribution of collocated monitors for each unique FEM 
is provided below. Table A-2 of this appendix demonstrates the 
collocation procedure with a PQAO having one type of primary FRM and 
multiple primary FEMs.

------------------------------------------------------------------------
                                                             #Collocated
 #Primary FEMS of a unique method               #Collocated   with same
           designation             #Collocated  with an FRM     method
                                                             designation
------------------------------------------------------------------------
1-9..............................            1            1            0
10-16............................            2            1            1
17-23............................            3            2            1
24-29............................            4            2            2
30-36............................            5            3            2
37-43............................            6            3            3
------------------------------------------------------------------------

    3.2.3.3 Since the collocation requirements are used to assess 
precision of the primary monitors and there can only be one primary 
monitor at a monitoring site, a site can only count for the collocation 
of the method designation of the primary monitor at that site.
    3.2.3.4  The collocated monitors should be deployed according to the 
following protocol:
    (a) Fifty percent of the collocated quality control monitors should 
be deployed at sites with annual average or daily concentrations 
estimated to be within plus or minus 20 percent of either the annual or 
24-hour NAAQS and the remainder at the PQAOs discretion;
    (b) If an organization has no sites with annual average or daily 
concentrations within 20 percent of the annual NAAQS or 24-hour NAAQS, 
50 percent of the collocated quality control monitors should be deployed 
at those sites with the annual mean concentrations or 24-hour 
concentrations among the highest for all sites in the network and the 
remainder at the PQAOs discretion.
    (c) The two collocated monitors must be within 4 meters (inlet to 
inlet) of each other and at least 2 meters apart for flow rates greater 
than 200 liters/min or at least 1 meter apart for samplers having flow 
rates less than 200 liters/min to preclude airflow interference. A 
waiver allowing up to 10 meters horizontal distance and up to 3 meters 
vertical distance (inlet to inlet) between a primary and collocated 
sampler may be approved by the Regional Administrator for sites at a 
neighborhood or larger scale of representation during the annual network 
plan approval process. Sampling and analytical methodologies must be the 
consistently implemented for both primary and collocated quality control 
samplers and for all other samplers in the network.

[[Page 269]]

    (d) Sample the collocated quality control monitor on a 1-in-12 day 
schedule. Report the measurements from both primary and collocated 
quality control monitors at each collocated sampling site to AQS. The 
calculations for evaluating precision between the two collocated 
monitors are described in section 4.2.1 of this appendix.
    3.2.4  PM2.5 Performance Evaluation Program (PEP) Procedures. The 
PEP is an independent assessment used to estimate total measurement 
system bias. These evaluations will be performed under the NPEP as 
described in section 2.4 of this appendix or a comparable program. 
Performance evaluations will be performed annually within each PQAO. For 
PQAOs with less than or equal to five monitoring sites, five valid 
performance evaluation audits must be collected and reported each year. 
For PQAOs with greater than five monitoring sites, eight valid 
performance evaluation audits must be collected and reported each year. 
A valid performance evaluation audit means that both the primary monitor 
and PEP audit concentrations are valid and above 3 mg/m\3\. Siting of 
the PEP monitor must be consistent with section 3.2.3.4(c). However, any 
horizontal distance greater than 4 meters and any vertical distance 
greater than one meter must be reported to the EPA regional PEP 
coordinator. Additionally for every monitor designated as a primary 
monitor, a primary quality assurance organization must:
    3.2.4.1  Have each method designation evaluated each year; and,
    3.2.4.2  Have all FRM, FEM or ARM samplers subject to a PEP audit at 
least once every 6 years, which equates to approximately 15 percent of 
the monitoring sites audited each year.
    3.2.4.3.  Additional information concerning the PEP is contained in 
reference 10 of this appendix. The calculations for evaluating bias 
between the primary monitor and the performance evaluation monitor for 
PM2.5 are described in section 4.2.5 of this appendix.
    3.3PM10.
    3.3.1  Flow Rate Verification for PM10 Low Volume Samplers (less 
than 200 liter/minute). A one-point flow rate verification check must be 
performed at least once every month (each verification minimally 
separated by 14 days) on each monitor used to measure PM10. 
The verification is made by checking the operational flow rate of the 
monitor. If the verification is made in conjunction with a flow rate 
adjustment, it must be made prior to such flow rate adjustment. For the 
standard procedure, use a flow rate transfer standard certified in 
accordance with section 2.6 of this appendix to check the monitor's 
normal flow rate. Care should be taken in selecting and using the flow 
rate measurement device such that it does not alter the normal operating 
flow rate of the monitor. The percent differences between the audit and 
measured flow rates are reported to AQS and used to assess the bias of 
the monitoring data as described in section 4.2.2 of this appendix 
(using flow rates in lieu of concentrations).
    3.3.2  Flow Rate Verification for PM10 High Volume Samplers (greater 
than 200 liters/minute). For PM10 high volume samplers, the 
verification frequency is one verification every 90 days (quarter) with 
4 in a year. Other than verification frequency, follow the same 
technical procedure as described in section 3.3.1 of this appendix.
    3.3.3  Semi-Annual Flow Rate Audit for PM10. Audit the flow rate of 
the particulate monitor twice a year. The two audits should ideally be 
spaced between 5 and 7 months apart. The EPA strongly encourages more 
frequent auditing. The audit should (preferably) be conducted by a 
trained experienced technician other than the routine site operator. The 
audit is made by measuring the monitor's normal operating flow rate 
using a flow rate transfer standard certified in accordance with section 
2.6 of this appendix. The flow rate standard used for auditing must not 
be the same flow rate standard used for verifications or to calibrate 
the monitor. However, both the calibration standard and the audit 
standard may be referenced to the same primary flow rate or volume 
standard. Care must be taken in auditing the flow rate to be certain 
that the flow measurement device does not alter the normal operating 
flow rate of the monitor. Report the audit flow rate of the transfer 
standard and the corresponding flow rate measured by the monitor to AQS. 
The percent differences between these flow rates are used to evaluate 
monitor performance.
    3.3.4  Collocated Quality Control Sampling Procedures for Manual 
PM10. Collocated sampling for PM10 is only required for 
manual samplers. For each pair of collocated monitors, designate one 
sampler as the primary monitor whose concentrations will be used to 
report air quality for the site and designate the other as the quality 
control monitor.
    3.3.4.1  For manual PM10 samplers, a PQAO must:
    (a) Have 15 percent of the primary monitors collocated (values of 
0.5 and greater round up); and
    (b) Have at least one collocated quality control monitor (if the 
total number of monitors is less than three).
    3.3.4.2  The collocated quality control monitors should be deployed 
according to the following protocol:
    (a) Fifty percent of the collocated quality control monitors should 
be deployed at sites with daily concentrations estimated to be within 
plus or minus 20 percent of the applicable NAAQS and the remainder at 
the PQAOs discretion;

[[Page 270]]

    (b) If an organization has no sites with daily concentrations within 
plus or minus 20 percent of the NAAQS, 50 percent of the collocated 
quality control monitors should be deployed at those sites with the 
daily mean concentrations among the highest for all sites in the network 
and the remainder at the PQAOs discretion.
    (c) The two collocated monitors must be within 4 meters (inlet to 
inlet) of each other and at least 2 meters apart for flow rates greater 
than 200 liters/min or at least 1 meter apart for samplers having flow 
rates less than 200 liters/min to preclude airflow interference. A 
waiver allowing up to 10 meters horizontal distance and up to 3 meters 
vertical distance (inlet to inlet) between a primary and collocated 
sampler may be approved by the Regional Administrator for sites at a 
neighborhood or larger scale of representation. This waiver may be 
approved during the annual network plan approval process. Sampling and 
analytical methodologies must be the consistently implemented for both 
collocated samplers and for all other samplers in the network.
    (d) Sample the collocated quality control monitor on a 1-in-12 day 
schedule. Report the measurements from both primary and collocated 
quality control monitors at each collocated sampling site to AQS. The 
calculations for evaluating precision between the two collocated 
monitors are described in section 4.2.1 of this appendix.
    (e) In determining the number of collocated quality control sites 
required for PM10, monitoring networks for lead (Pb-
PM10) should be treated independently from networks for 
particulate matter (PM), even though the separate networks may share one 
or more common samplers. However, a single quality control monitor that 
meets the collocation requirements for Pb-PM10 and 
PM10 may serve as a collocated quality control monitor for 
both networks. Extreme care must be taken when using the filter from a 
quality control monitor for both PM10 and Pb analysis. A 
PM10 filter weighing should occur prior to any Pb analysis.
    3.4 Pb.
    3.4.1  Flow Rate Verification for Pb-PM10 Low Volume Samplers (less 
than 200 liter/minute). A one-point flow rate verification check must be 
performed at least once every month (each verification minimally 
separated by 14 days) on each monitor used to measure Pb. The 
verification is made by checking the operational flow rate of the 
monitor. If the verification is made in conjunction with a flow rate 
adjustment, it must be made prior to such flow rate adjustment. For the 
standard procedure, use a flow rate transfer standard certified in 
accordance with section 2.6 of this appendix to check the monitor's 
normal flow rate. Care should be taken in selecting and using the flow 
rate measurement device such that it does not alter the normal operating 
flow rate of the monitor. The percent differences between the audit and 
measured flow rates are reported to AQS and used to assess the bias of 
the monitoring data as described in section 4.2.2 of this appendix 
(using flow rates in lieu of concentrations).
    3.4.2  Flow Rate Verification for Pb High Volume Samplers (greater 
than 200 liters/minute). For high volume samplers, the verification 
frequency is one verification every 90 days (quarter) with four in a 
year. Other than verification frequency, follow the same technical 
procedure as described in section 3.4.1 of this appendix.
    3.4.3  Semi-Annual Flow Rate Audit for Pb. Audit the flow rate of 
the particulate monitor twice a year. The two audits should ideally be 
spaced between 5 and 7 months apart. The EPA strongly encourages more 
frequent auditing. The audit should (preferably) be conducted by a 
trained experienced technician other than the routine site operator. The 
audit is made by measuring the monitor's normal operating flow rate 
using a flow rate transfer standard certified in accordance with section 
2.6 of this appendix. The flow rate standard used for auditing must not 
be the same flow rate standard used for verifications or to calibrate 
the monitor. However, both the calibration standard and the audit 
standard may be referenced to the same primary flow rate or volume 
standard. Care must be taken in auditing the flow rate to be certain 
that the flow measurement device does not alter the normal operating 
flow rate of the monitor. Report the audit flow rate of the transfer 
standard and the corresponding flow rate measured by the monitor to AQS. 
The percent differences between these flow rates are used to evaluate 
monitor performance.
    3.4.4  Collocated Quality Control Sampling for TSP Pb for monitoring 
sites other than non-source oriented NCore. For each pair of collocated 
monitors for manual TSP Pb samplers, designate one sampler as the 
primary monitor whose concentrations will be used to report air quality 
for the site, and designate the other as the quality control monitor.
    3.4.4.1  A PQAO must:
    (a) Have 15 percent of the primary monitors (not counting non-source 
oriented NCore sites in PQAO) collocated. Values of 0.5 and greater 
round up; and
    (b) Have at least one collocated quality control monitor (if the 
total number of monitors is less than three).
    3.4.4.2  The collocated quality control monitors should be deployed 
according to the following protocol:
    (a) The first collocated Pb site selected must be the site measuring 
the highest Pb concentrations in the network. If the site is 
impractical, alternative sites, approved by

[[Page 271]]

the EPA Regional Administrator, may be selected. If additional 
collocated sites are necessary, collocated sites may be chosen that 
reflect average ambient air Pb concentrations in the network.
    (b) The two collocated monitors must be within 4 meters (inlet to 
inlet) of each other and at least 2 meters apart for flow rates greater 
than 200 liters/min or at least 1 meter apart for samplers having flow 
rates less than 200 liters/min to preclude airflow interference.
    (c) Sample the collocated quality control monitor on a 1-in-12 day 
schedule. Report the measurements from both primary and collocated 
quality control monitors at each collocated sampling site to AQS. The 
calculations for evaluating precision between the two collocated 
monitors are described in section 4.2.1 of this appendix.
    3.4.5  Collocated Quality Control Sampling for Pb-PM10 at 
monitoring sites other than non-source oriented NCore. If a PQAO is 
monitoring for Pb-PM10 at sites other than at a non-source 
oriented NCore site then the PQAO must:
    3.4.5.1  Have 15 percent of the primary monitors (not counting non-
source oriented NCore sites in PQAO) collocated. Values of 0.5 and 
greater round up; and
    3.4.5.2  Have at least one collocated quality control monitor (if 
the total number of monitors is less than three).
    3.4.5.3  The collocated monitors should be deployed according to the 
following protocol:
    (a) Fifty percent of the collocated quality control monitors should 
be deployed at sites with the highest 3-month average concentrations and 
the remainder at the PQAOs discretion.
    (b) The two collocated monitors must be within 4 meters (inlet to 
inlet) of each other and at least 2 meters apart for flow rates greater 
than 200 liters/min or at least 1 meter apart for samplers having flow 
rates less than 200 liters/min to preclude airflow interference. A 
waiver allowing up to 10 meters horizontal distance and up to 3 meters 
vertical distance (inlet to inlet) between a primary and collocated 
sampler may be approved by the Regional Administrator for sites at a 
neighborhood or larger scale of representation. This waiver may be 
approved during the annual network plan approval process. Sampling and 
analytical methodologies must be the consistently implemented for both 
collocated samplers and for all other samplers in the network.
    (c) Sample the collocated quality control monitor on a 1-in-12 day 
schedule. Report the measurements from both primary and collocated 
quality control monitors at each collocated sampling site to AQS. The 
calculations for evaluating precision between the two collocated 
monitors are described in section 4.2.1 of this appendix.
    (d) In determining the number of collocated quality control sites 
required for Pb-PM10, monitoring networks for PM10 
should be treated independently from networks for Pb-PM10, 
even though the separate networks may share one or more common samplers. 
However, a single quality control monitor that meets the collocation 
requirements for Pb-PM10 and PM10 may serve as a 
collocated quality control monitor for both networks. Extreme care must 
be taken when using a using the filter from a quality control monitor 
for both PM10 and Pb analysis. A PM10 filter 
weighing should occur prior to any Pb analysis.
    3.4.6  Pb Analysis Audits. Each calendar quarter, audit the Pb 
reference or equivalent method analytical procedure using filters 
containing a known quantity of Pb. These audit filters are prepared by 
depositing a Pb standard on unexposed filters and allowing them to dry 
thoroughly. The audit samples must be prepared using batches of reagents 
different from those used to calibrate the Pb analytical equipment being 
audited. Prepare audit samples in the following concentration ranges:

------------------------------------------------------------------------
                                   Equivalent ambient Pb  concentration,
              Range                              mg/m \3\
------------------------------------------------------------------------
1...............................  30-100% of Pb NAAQS.
2...............................  200-300% of Pb NAAQS.
------------------------------------------------------------------------

    (a) Extract the audit samples using the same extraction procedure 
used for exposed filters.
    (b) Analyze three audit samples in each of the two ranges each 
quarter samples are analyzed. The audit sample analyses shall be 
distributed as much as possible over the entire calendar quarter.
    (c) Report the audit concentrations (in mg Pb/filter or strip) and 
the corresponding measured concentrations (in mg Pb/filter or strip) to 
AQS using AQS unit code 077. The percent differences between the 
concentrations are used to calculate analytical accuracy as described in 
section 4.2.6 of this appendix.
    3.4.7  Pb PEP Procedures for monitoring sites other than non-source 
oriented NCore. The PEP is an independent assessment used to estimate 
total measurement system bias. These evaluations will be performed under 
the NPEP described in section 2.4 of this appendix or a comparable 
program. Each year, one performance evaluation audit must be performed 
at one Pb site in each primary quality assurance organization that has 
less than or equal to five sites and two audits at PQAOs with greater 
than five sites. Non-source oriented NCore sites are not counted. Siting 
of the PEP monitor must be consistent with section 3.4.5.3(b). However, 
any horizontal distance greater than 4 meters and any vertical distance 
greater than 1 meter must be reported to the EPA regional

[[Page 272]]

PEP coordinator. In addition, each year, four collocated samples from 
PQAOs with less than or equal to five sites and six collocated samples 
at PQAOs with greater than five sites must be sent to an independent 
laboratory, the same laboratory as the performance evaluation audit, for 
analysis. The calculations for evaluating bias between the primary 
monitor and the performance evaluation monitor for Pb are described in 
section 4.2.4 of this appendix.

              4. Calculations for Data Quality Assessments

    (a) Calculations of measurement uncertainty are carried out by the 
EPA according to the following procedures. The PQAOs must report the 
data to AQS for all measurement quality checks as specified in this 
appendix even though they may elect to perform some or all of the 
calculations in this section on their own.
    (b) The EPA will provide annual assessments of data quality 
aggregated by site and PQAO for SO2, NO2, 
O3 and CO and by PQAO for PM10, PM2.5, 
and Pb.
    (c) At low concentrations, agreement between the measurements of 
collocated quality control samplers, expressed as relative percent 
difference or percent difference, may be relatively poor. For this 
reason, collocated measurement pairs are selected for use in the 
precision and bias calculations only when both measurements are equal to 
or above the following limits:
    (1) Pb: 0.002 mg/m\3\ (Methods approved after 3/04/2010, with 
exception of manual equivalent method EQLA-0813-803).
    (2) Pb: 0.02 mg/m\3\ (Methods approved before 3/04/2010, and manual 
equivalent method EQLA-0813-803).
    (3) PM10 (Hi-Vol): 15 mg/m\3\.
    (4) PM10 (Lo-Vol): 3 mg/m\3\.
    (5) PM2.5: 3 mg/m\3\.
    4.1  Statistics for the Assessment of QC Checks for SO2, 
NO2, O3 and CO.
    4.1.1  Percent Difference. Many of the measurement quality checks 
start with a comparison of an audit concentration or value (flow rate) 
to the concentration/value measured by the monitor and use percent 
difference as the comparison statistic as described in equation 1 of 
this section. For each single point check, calculate the percent 
difference, di, as follows:
[GRAPHIC] [TIFF OMITTED] TR28MR16.000

where meas is the concentration indicated by the PQAO's instrument and 
audit is the audit concentration of the standard used in the QC check 
being measured.
    4.1.2  Precision Estimate. The precision estimate is used to assess 
the one-point QC checks for SO2, NO2, 
O3, or CO described in section 3.1.1 of this appendix. The 
precision estimator is the coefficient of variation upper bound and is 
calculated using equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR28MR16.001

where n is the number of single point checks being aggregated; X\2\ 
0.1,n-1 is the 10th percentile of a chi-squared distribution 
with n-1 degrees of freedom.
    4.1.3  Bias Estimate. The bias estimate is calculated using the one-
point QC checks for SO2, NO2, O3, or CO 
described in section 3.1.1 of this appendix. The bias estimator is an 
upper bound on the mean absolute value of the percent differences as 
described in equation 3 of this section:

[[Page 273]]

[GRAPHIC] [TIFF OMITTED] TR28MR16.002

where n is the number of single point checks being aggregated; 
t0.95,n-1 is the 95th quantile of a t-distribution with n-1 
degrees of freedom; the quantity AB is the mean of the absolute values 
of the d i , s and is calculated using equation 4 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR28MR16.003

and the quantity AS is the standard deviation of the absolute value of 
the di , s and is calculated using equation 5 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR28MR16.004

    4.1.3.1  Assigning a sign (positive/negative) to the bias estimate. 
Since the bias statistic as calculated in equation 3 of this appendix 
uses absolute values, it does not have a tendency (negative or positive 
bias) associated with it. A sign will be designated by rank ordering the 
percent differences of the QC check samples from a given site for a 
particular assessment interval.
    4.1.3.2  Calculate the 25th and 75th percentiles of the percent 
differences for each site. The absolute bias upper bound should be 
flagged as positive if both percentiles are positive and negative if 
both percentiles are negative. The absolute bias upper bound would not 
be flagged if the 25th and 75th percentiles are of different signs.
    4.2  Statistics for the Assessment of PM10, 
PM2.5, and Pb.
4.2.1  Collocated Quality Control Sampler Precision Estimate for PM10, 
PM2.5 and Pb. Precision is estimated via duplicate measurements from 
collocated samplers. It is recommended that the precision be aggregated 
at the PQAO level quarterly, annually, and at the 3-year level. The data 
pair would only be considered valid if both concentrations are greater 
than or equal to the minimum values specified in section 4(c) of this 
appendix. For each collocated data pair, calculate the relative percent 
difference, di, using equation 6 of this appendix:
[GRAPHIC] [TIFF OMITTED] TR28MR16.005


[[Page 274]]


where Xi is the concentration from the primary sampler and 
Yi is the concentration value from the audit sampler. The 
coefficient of variation upper bound is calculated using equation 7 of 
this appendix:
[GRAPHIC] [TIFF OMITTED] TR28MR16.006

where n is the number of valid data pairs being aggregated, and X\2\ 
0.1,n-1 is the 10th percentile of a chi-squared distribution 
with n-1 degrees of freedom. The factor of 2 in the denominator adjusts 
for the fact that each di is calculated from two values with 
error.
    4.2.2  One-Point Flow Rate Verification Bias Estimate for PM10, 
PM2.5 and Pb. For each one-point flow rate verification, calculate the 
percent difference in volume using equation 1 of this appendix where 
meas is the value indicated by the sampler's volume measurement and 
audit is the actual volume indicated by the auditing flow meter. The 
absolute volume bias upper bound is then calculated using equation 3, 
where n is the number of flow rate audits being aggregated; 
t0.95,n-1 is the 95th quantile of a t-distribution with n-1 
degrees of freedom, the quantity AB is the mean of the absolute values 
of the di,s and is calculated using equation 4 of this 
appendix, and the quantity AS in equation 3 of this appendix is the 
standard deviation of the absolute values if the di,s and is 
calculated using equation 5 of this appendix.
    4.2.3  Semi-Annual Flow Rate Audit Bias Estimate for PM10, PM2.5 and 
Pb. Use the same procedure described in section 4.2.2 for the evaluation 
of flow rate audits.
    4.2.4  Performance Evaluation Programs Bias Estimate for Pb. The Pb 
bias estimate is calculated using the paired routine and the PEP monitor 
as described in section 3.4.7. Use the same procedures as described in 
section 4.1.3 of this appendix.
    4.2.5  Performance Evaluation Programs Bias Estimate for PM2.5. The 
bias estimate is calculated using the PEP audits described in section 
4.1.3 of this appendix. The bias estimator is based on the mean percent 
differences (Equation 1). The mean percent difference, D, is calculated 
by Equation 8 below.
[GRAPHIC] [TIFF OMITTED] TR28MR16.007

where nj is the number of pairs and 
d1,d2,...dnj are the biases for each 
pair to be averaged.
    4.2.6 Pb  Analysis Audit Bias Estimate. The bias estimate is 
calculated using the analysis audit data described in section 3.4.6. Use 
the same bias estimate procedure as described in section 4.1.3 of this 
appendix.

                        5. Reporting Requirements

    5.1  Reporting Requirements. For each pollutant, prepare a list of 
all monitoring sites and their AQS site identification codes in each 
PQAO and submit the list to the appropriate EPA Regional Office, with a 
copy to AQS. Whenever there is a change in this list of monitoring sites 
in a PQAO, report this change to the EPA Regional Office and to AQS.
    5.1.1  Quarterly Reports. For each quarter, each PQAO shall report 
to AQS directly (or via the appropriate EPA Regional Office for 
organizations not direct users of AQS) the results of all valid 
measurement quality checks it has carried out during the quarter. The 
quarterly reports must be submitted consistent with the data reporting 
requirements specified for air quality data as set forth in 40 CFR 
58.16. The EPA strongly encourages early submission of the quality 
assurance data in order to assist the PQAOs ability to control and 
evaluate the quality of the ambient air data.

[[Page 275]]

    5.1.2  Annual Reports.
    5.1.2.1  When the PQAO has certified relevant data for the calendar 
year, the EPA will calculate and report the measurement uncertainty for 
the entire calendar year.

                              6. References

    (1) American National Standard--Specifications and Guidelines for 
Quality Systems for Environmental Data Collection and Environmental 
Technology Programs. ANSI/ASQC E4-2014. February 2014. Available from 
American Society for Quality Control, 611 East Wisconsin Avenue, 
Milwaukee, WI 53202.
    (2) EPA Requirements for Quality Management Plans. EPA QA/R-2. EPA/
240/B-01/002. March 2001, Reissue May 2006. Office of Environmental 
Information, Washington DC 20460. http://www.epa.gov/quality/agency-
wide-quality-system-documents.
    (3) EPA Requirements for Quality Assurance Project Plans for 
Environmental Data Operations. EPA QA/R-5. EPA/240/B-01/003. March 2001, 
Reissue May 2006. Office of Environmental Information, Washington DC 
20460. http://www.epa.gov/quality/agency-wide-quality-system-documents.
    (4) EPA Traceability Protocol for Assay and Certification of Gaseous 
Calibration Standards. EPA-600/R-12/531. May, 2012. Available from U.S. 
Environmental Protection Agency, National Risk Management Research 
Laboratory, Research Triangle Park NC 27711. http://cfpub.epa.gov/si/
si_public
_record_report.cfm?dirEntryId=245292.
    (5) Guidance for the Data Quality Objectives Process. EPA QA/G-4. 
EPA/240/B-06/001. February, 2006. Office of Environmental Information, 
Washington DC 20460. http://www.epa.gov/quality/agency-wide-quality-
system-documents.
    (6) List of Designated Reference and Equivalent Methods. Available 
from U.S. Environmental Protection Agency, National Exposure Research 
Laboratory, Human Exposure and Atmospheric Sciences Division, MD-D205-
03, Research Triangle Park, NC 27711. http://www3.epa.gov/ttn/amtic/
criteria.html.
    (7) Transfer Standards for the Calibration of Ambient Air Monitoring 
Analyzers for Ozone. EPA-454/B-13-004 U.S. Environmental Protection 
Agency, Research Triangle Park, NC 27711, October, 2013. http://
www3.epa.gov/ttn/amtic/qapollutant.html.
    (8) Paur, R.J. and F.F. McElroy. Technical Assistance Document for 
the Calibration of Ambient Ozone Monitors. EPA-600/4-79-057. U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711, 
September, 1979. http://www.epa.gov/ttn/amtic/cpreldoc.html.
    (9) Quality Assurance Handbook for Air Pollution Measurement 
Systems, Volume 1--A Field Guide to Environmental Quality Assurance. 
EPA-600/R-94/038a. April 1994. Available from U.S. Environmental 
Protection Agency, ORD Publications Office, Center for Environmental 
Research Information (CERI), 26 W. Martin Luther King Drive, Cincinnati, 
OH 45268. http://www3.epa.gov/ttn/amtic/qalist.html.
    (10) Quality Assurance Handbook for Air Pollution Measurement 
Systems, Volume II: Ambient Air Quality Monitoring Program Quality 
System Development. EPA-454/B-13-003. http://www3.epa.gov/ttn/amtic/
qalist.html.
    (11) National Performance Evaluation Program Standard Operating 
Procedures. http://www3.epa.gov/ttn/amtic/npapsop.html.

                 Table A-1 of Appendix A to Part 58--Minimum Data Assessment Requirements for NAAQS Related Criteria Pollutant Monitors
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Method                   Assessment method           Coverage           Minimum  frequency    Parameters  reported   AQS assessment type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Gaseous Methods (CO, NO2, SO2, O3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
One-Point QC for SO2, NO2, O3, CO..  Response check at       Each analyzer.........  Once per 2 weeks.....  Audit concentration    One-Point QC.
                                      concentration 0.005-                                                   \1\ and measured
                                      0.08 ppm SO2, NO2,                                                     concentration. \2\
                                      O3, and.
                                     0.5 and 5 ppm CO......
Annual performance evaluation for    See section 3.1.2 of    Each analyzer.........  Once per year........  Audit concentration    Annual PE.
 SO2, NO2, O3, CO.                    this appendix.                                                         \1\ and measured
                                                                                                             concentration \2\
                                                                                                             for each level.
NPAP for SO2, NO2, O3, CO..........  Independent Audit.....  20% of sites each year  Once per year........  Audit concentration    NPAP.
                                                                                                             \1\ and measured
                                                                                                             concentration \2\
                                                                                                             for each level.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Particulate Methods
--------------------------------------------------------------------------------------------------------------------------------------------------------
Continuous \4\ method--collocated    Collocated samplers...  15%...................  1-in-12 days.........  Primary sampler        No Transaction
 quality control sampling PM2.5.                                                                             concentration and      reported as raw
                                                                                                             duplicate sampler      data.
                                                                                                             concentration. \3\

[[Page 276]]

 
Manual method--collocated quality    Collocated samplers...  15%...................  1-in-12 days.........  Primary sampler        No Transaction
 control sampling PM10, PM2.5, Pb-                                                                           concentration and      reported as raw
 TSP, Pb-PM10.                                                                                               duplicate sampler      data.
                                                                                                             concentration. \3\
Flow rate verification PM10 (low     Check of sampler flow   Each sampler..........  Once every month.....  Audit flow rate and    Flow Rate
 Vol) PM2.5, Pb-PM10.                 rate.                                                                  measured flow rate     Verification.
                                                                                                             indicated by the
                                                                                                             sampler.
Flow rate verification PM10 (High-   Check of sampler flow   Each sampler..........  Once every quarter...  Audit flow rate and    Flow Rate
 Vol), Pb-TSP.                        rate.                                                                  measured flow rate     Verification.
                                                                                                             indicated by the
                                                                                                             sampler.
Semi-annual flow rate audit PM10,    Check of sampler flow   Each sampler,.........  Once every 6 months..  Audit flow rate and    Semi Annual Flow Rate
 TSP, PM10-2.5, PM2.5, Pb-TSP, Pb-    rate using                                                             measured flow rate     Audit.
 PM10.                                independent standard.                                                  indicated by the
                                                                                                             sampler.
Pb analysis audits Pb-TSP, Pb-PM10.  Check of analytical     Analytical............  Once each quarter....  Measured value and     Pb Analysis Audits.
                                      system with Pb audit                                                   audit value (ug Pb/
                                      strips/filters.                                                        filter) using AQS
                                                                                                             unit code 077.
Performance Evaluation Program       Collocated samplers...  (1) 5 valid audits for  Distributed over all   Primary sampler        PEP.
 PM2.5.                                                       primary QA orgs, with   4 quarters.            concentration and
                                                              5 sites..                                      performance
                                                             (2) 8 valid audits for                          evaluation sampler
                                                              primary QA orgs, with                          concentration.
                                                              >5 sites..
                                                             (3) All samplers in 6
                                                              years.
Performance Evaluation Program Pb-   Collocated samplers...  (1) 1 valid audit and   Distributed over all   Primary sampler        PEP.
 TSP, Pb-PM10.                                                4 collocated samples    4 quarters.            concentration and
                                                              for primary QA orgs,                           performance
                                                              with 5 sites..                                 evaluation sampler
                                                             (2) 2 valid audits and                          concentration.
                                                              6 collocated samples                           Primary sampler
                                                              for primary QA orgs                            concentration and
                                                              with >5 sites.                                 duplicate sampler
                                                                                                             concentration.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Effective concentration for open path analyzers.
\2\ Corrected concentration, if applicable for open path analyzers.
\3\ Both primary and collocated sampler values are reported as raw data.
\4\ PM2.5 is the only particulate criteria pollutant requiring collocation of continuous and manual primary monitors.


      Table A-2 of Appendix A to Part 58--Summary of PM2.5 Number and Type of Collocation (15% Collocation
    Requirement) Required Using an Example of a PQAO That Has 54 Primary Monitors (54 sites) With One Federal
                  Reference Method Type and Three Types of Approved Federal Equivalent Methods
----------------------------------------------------------------------------------------------------------------
                                                                                                      No. of
                                                                                                    collocated
                                                   Total No. of    Total No. of       No. of         with same
       Primary sampler method designation            monitors       collocated      collocated        method
                                                                                     with FRM       designation
                                                                                                    as primary
----------------------------------------------------------------------------------------------------------------
FRM.............................................              20               3               3               3
FEM (A).........................................              20               3               2               1
FEM (B).........................................               2               1               1               0
FEM (C).........................................              12               2               1               1
----------------------------------------------------------------------------------------------------------------


[81 FR 17280, Mar. 28, 2016]

[[Page 277]]



     Sec. Appendix B to Part 58--Quality Assurance Requirements for 
      Prevention of Significant Deterioration (PSD) Air Monitoring

1. General Information
2. Quality System Requirements
3. Measurement Quality Check Requirements
4. Calculations for Data Quality Assessments
5. Reporting Requirements
6. References

                         1. General Information

    1.1 Applicability.
    (a) This appendix specifies the minimum quality assurance 
requirements for the control and assessment of the quality of the 
ambient air monitoring data submitted to a PSD reviewing authority or 
the EPA by an organization operating an air monitoring station, or 
network of stations, operated in order to comply with Part 51 New Source 
Review--Prevention of Significant Deterioration (PSD). Such 
organizations are encouraged to develop and maintain quality assurance 
programs more extensive than the required minimum. Additional guidance 
for the requirements reflected in this appendix can be found in the 
``Quality Assurance Handbook for Air Pollution Measurement Systems,'' 
Volume II (Ambient Air) and ``Quality Assurance Handbook for Air 
Pollution Measurement Systems,'' Volume IV (Meteorological Measurements) 
and at a national level in references 1, 2, and 3 of this appendix.
    (b) It is not assumed that data generated for PSD under this 
appendix will be used in making NAAQS decisions. However, if all the 
requirements in this appendix are followed (including the NPEP programs) 
and reported to AQS, with review and concurrence from the EPA region, 
data may be used for NAAQS decisions. With the exception of the NPEP 
programs (NPAP, PM2.5 PEP, Pb-PEP), for which implementation 
is at the discretion of the PSD reviewing authority, all other quality 
assurance and quality control requirements found in the appendix must be 
met.
    1.2  PSD Primary Quality Assurance Organization (PQAO). A PSD PQAO 
is defined as a monitoring organization or a coordinated aggregation of 
such organizations that is responsible for a set of stations within one 
PSD reviewing authority that monitors the same pollutant and for which 
data quality assessments will be pooled. Each criteria pollutant 
sampler/monitor must be associated with only one PSD PQAO.
    1.2.1  Each PSD PQAO shall be defined such that measurement 
uncertainty among all stations in the organization can be expected to be 
reasonably homogeneous, as a result of common factors. A PSD PQAO must 
be associated with only one PSD reviewing authority. Common factors that 
should be considered in defining PSD PQAOs include:
    (a) Operation by a common team of field operators according to a 
common set of procedures;
    (b) Use of a common QAPP and/or standard operating procedures;
    (c) Common calibration facilities and standards;
    (d) Oversight by a common quality assurance organization; and
    (e) Support by a common management organization or laboratory.
    1.2.2  PSD monitoring organizations having difficulty describing its 
PQAO or in assigning specific monitors to a PSD PQAO should consult with 
the PSD reviewing authority. Any consolidation of PSD PQAOs shall be 
subject to final approval by the PSD reviewing authority.
    1.2.3  Each PSD PQAO is required to implement a quality system that 
provides sufficient information to assess the quality of the monitoring 
data. The quality system must, at a minimum, include the specific 
requirements described in this appendix. Failure to conduct or pass a 
required check or procedure, or a series of required checks or 
procedures, does not by itself invalidate data for regulatory decision 
making. Rather, PSD PQAOs and the PSD reviewing authority shall use the 
checks and procedures required in this appendix in combination with 
other data quality information, reports, and similar documentation that 
demonstrate overall compliance with parts 51, 52 and 58 of this chapter. 
Accordingly, the PSD reviewing authority shall use a ``weight of 
evidence'' approach when determining the suitability of data for 
regulatory decisions. The PSD reviewing authority reserves the authority 
to use or not use monitoring data submitted by a PSD monitoring 
organization when making regulatory decisions based on the PSD reviewing 
authority's assessment of the quality of the data. Generally, consensus 
built validation templates or validation criteria already approved in 
quality assurance project plans (QAPPs) should be used as the basis for 
the weight of evidence approach.
    1.3  Definitions.
    (a) Measurement Uncertainty. A term used to describe deviations from 
a true concentration or estimate that are related to the measurement 
process and not to spatial or temporal population attributes of the air 
being measured.
    (b) Precision. A measurement of mutual agreement among individual 
measurements of the same property usually under prescribed similar 
conditions, expressed generally in terms of the standard deviation.
    (c) Bias. The systematic or persistent distortion of a measurement 
process which causes errors in one direction.

[[Page 278]]

    (d) Accuracy. The degree of agreement between an observed value and 
an accepted reference value. Accuracy includes a combination of random 
error (imprecision) and systematic error (bias) components which are due 
to sampling and analytical operations.
    (e) Completeness. A measure of the amount of valid data obtained 
from a measurement system compared to the amount that was expected to be 
obtained under correct, normal conditions.
    (f) Detectability. The low critical range value of a characteristic 
that a method specific procedure can reliably discern.
    1.4  Measurement Quality Check Reporting. The measurement quality 
checks described in section 3 of this appendix, are required to be 
submitted to the PSD reviewing authority within the same time frame as 
routinely-collected ambient concentration data as described in 40 CFR 
58.16. The PSD reviewing authority may as well require that the 
measurement quality check data be reported to AQS.
    1.5  Assessments and Reports. Periodic assessments and documentation 
of data quality are required to be reported to the PSD reviewing 
authority. To provide national uniformity in this assessment and 
reporting of data quality for all networks, specific assessment and 
reporting procedures are prescribed in detail in sections 3, 4, and 5 of 
this appendix.

                     2. Quality System Requirements

    A quality system (reference 1 of this appendix) is the means by 
which an organization manages the quality of the monitoring information 
it produces in a systematic, organized manner. It provides a framework 
for planning, implementing, assessing and reporting work performed by an 
organization and for carrying out required quality assurance and quality 
control activities.
    2.1  Quality Assurance Project Plans. All PSD PQAOs must develop a 
quality system that is described and approved in quality assurance 
project plans (QAPP) to ensure that the monitoring results:
    (a) Meet a well-defined need, use, or purpose (reference 5 of this 
appendix);
    (b) Provide data of adequate quality for the intended monitoring 
objectives;
    (c) Satisfy stakeholder expectations;
    (d) Comply with applicable standards specifications;
    (e) Comply with statutory (and other legal) requirements; and
    (f) Assure quality assurance and quality control adequacy and 
independence.
    2.1.1  The QAPP is a formal document that describes these activities 
in sufficient detail and is supported by standard operating procedures. 
The QAPP must describe how the organization intends to control 
measurement uncertainty to an appropriate level in order to achieve the 
objectives for which the data are collected. The QAPP must be documented 
in accordance with EPA requirements (reference 3 of this appendix).
    2.1.2  The PSD PQAO's quality system must have adequate resources 
both in personnel and funding to plan, implement, assess and report on 
the achievement of the requirements of this appendix and it's approved 
QAPP.
    2.1.3  Incorporation of quality management plan (QMP) elements into 
the QAPP. The QMP describes the quality system in terms of the 
organizational structure, functional responsibilities of management and 
staff, lines of authority, and required interfaces for those planning, 
implementing, assessing and reporting activities involving environmental 
data operations (EDO). The PSD PQAOs may combine pertinent elements of 
the QMP into the QAPP rather than requiring the submission of both QMP 
and QAPP documents separately, with prior approval of the PSD reviewing 
authority. Additional guidance on QMPs can be found in reference 2 of 
this appendix.
    2.2  Independence of Quality Assurance Management. The PSD PQAO must 
provide for a quality assurance management function for its PSD data 
collection operation, that aspect of the overall management system of 
the organization that determines and implements the quality policy 
defined in a PSD PQAO's QAPP. Quality management includes strategic 
planning, allocation of resources and other systematic planning 
activities (e.g., planning, implementation, assessing and reporting) 
pertaining to the quality system. The quality assurance management 
function must have sufficient technical expertise and management 
authority to conduct independent oversight and assure the implementation 
of the organization's quality system relative to the ambient air quality 
monitoring program and should be organizationally independent of 
environmental data generation activities.
    2.3  Data Quality Performance Requirements.
    2.3.1  Data Quality Objectives (DQOs). The DQOs, or the results of 
other systematic planning processes, are statements that define the 
appropriate type of data to collect and specify the tolerable levels of 
potential decision errors that will be used as a basis for establishing 
the quality and quantity of data needed to support air monitoring 
objectives (reference 5 of the appendix). The DQOs have been developed 
by the EPA to support attainment decisions for comparison to national 
ambient air quality standards (NAAQS). The PSD reviewing authority and 
the PSD monitoring organization will be jointly responsible for 
determining whether adherence to the EPA developed NAAQS DQOs specified 
in appendix A of this part are appropriate or if DQOs from a project-
specific systematic planning process are necessary.

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    2.3.1.1  Measurement Uncertainty for Automated and Manual PM2.5 
Methods. The goal for acceptable measurement uncertainty for precision 
is defined as an upper 90 percent confidence limit for the coefficient 
of variation (CV) of 10 percent and plus or minus 10 percent for total 
bias.
    2.3.1.2  Measurement Uncertainty for Automated Ozone Methods. The 
goal for acceptable measurement uncertainty is defined for precision as 
an upper 90 percent confidence limit for the CV of 7 percent and for 
bias as an upper 95 percent confidence limit for the absolute bias of 7 
percent.
    2.3.1.3  Measurement Uncertainty for Pb Methods. The goal for 
acceptable measurement uncertainty is defined for precision as an upper 
90 percent confidence limit for the CV of 20 percent and for bias as an 
upper 95 percent confidence limit for the absolute bias of 15 percent.
    2.3.1.4  Measurement Uncertainty for NO2. The goal for acceptable 
measurement uncertainty is defined for precision as an upper 90 percent 
confidence limit for the CV of 15 percent and for bias as an upper 95 
percent confidence limit for the absolute bias of 15 percent.
    2.3.1.5  Measurement Uncertainty for SO2. The goal for acceptable 
measurement uncertainty for precision is defined as an upper 90 percent 
confidence limit for the CV of 10 percent and for bias as an upper 95 
percent confidence limit for the absolute bias of 10 percent.
    2.4  National Performance Evaluation Program. Organizations 
operating PSD monitoring networks are required to implement the EPA's 
national performance evaluation program (NPEP) if the data will be used 
for NAAQS decisions and at the discretion of the PSD reviewing authority 
if PSD data are not used for NAAQS decisions. The NPEP includes the 
National Performance Audit Program (NPAP), the PM2.5 
Performance Evaluation Program (PM2.5-PEP) and the Pb 
Performance Evaluation Program (Pb-PEP). The PSD QAPP shall provide for 
the implementation of NPEP including the provision of adequate resources 
for such NPEP if the data will be used for NAAQS decisions or if 
required by the PSD reviewing authority. Contact the PSD reviewing 
authority to determine the best procedure for implementing the audits 
which may include an audit by the PSD reviewing authority, a contractor 
certified for the activity, or through self-implementation which is 
described in sections below. A determination of which entity will be 
performing this audit program should be made as early as possible and 
during the QAPP development process. The PSD PQAOs, including 
contractors that plan to implement these programs on behalf of PSD 
PQAOs, that plan to implement these programs (self-implement) rather 
than use the federal programs, must meet the adequacy requirements found 
in the appropriate sections that follow, as well as meet the definition 
of independent assessment that follows.
    2.4.1  Independent Assessment. An assessment performed by a 
qualified individual, group, or organization that is not part of the 
organization directly performing and accountable for the work being 
assessed. This auditing organization must not be involved with the 
generation of the routinely-collected ambient air monitoring data. An 
organization can conduct the performance evaluation (PE) if it can meet 
this definition and has a management structure that, at a minimum, will 
allow for the separation of its routine sampling personnel from its 
auditing personnel by two levels of management. In addition, the sample 
analysis of audit filters must be performed by a laboratory facility and 
laboratory equipment separate from the facilities used for routine 
sample analysis. Field and laboratory personnel will be required to meet 
the performance evaluation field and laboratory training and 
certification requirements. The PSD PQAO will be required to participate 
in the centralized field and laboratory standards certification and 
comparison processes to establish comparability to federally implemented 
programs.
    2.5  Technical Systems Audit Program. The PSD reviewing authority or 
the EPA may conduct system audits of the ambient air monitoring programs 
or organizations operating PSD networks. The PSD monitoring 
organizations shall consult with the PSD reviewing authority to verify 
the schedule of any such technical systems audit. Systems audit programs 
are described in reference 10 of this appendix.
    2.6  Gaseous and Flow Rate Audit Standards.
    2.6.1  Gaseous pollutant concentration standards (permeation devices 
or cylinders of compressed gas) used to obtain test concentrations for 
carbon monoxide (CO), sulfur dioxide (SO2), nitrogen oxide 
(NO), and nitrogen dioxide (NO2) must be traceable to either 
a National Institute of Standards and Technology (NIST) Traceable 
Reference Material (NTRM) or a NIST-certified Gas Manufacturer's 
Internal Standard (GMIS), certified in accordance with one of the 
procedures given in reference 4 of this appendix. Vendors advertising 
certification with the procedures provided in reference 4 of this 
appendix and distributing gases as ``EPA Protocol Gas'' must participate 
in the EPA Protocol Gas Verification Program or not use ``EPA'' in any 
form of advertising. The PSD PQAOs must provide information to the PSD 
reviewing authority on the gas vendors they use (or will use) for the 
duration of the PSD monitoring project. This information can be provided 
in the QAPP or monitoring plan, but must be updated if there is a change 
in the producer used.

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    2.6.2  Test concentrations for ozone (O3) must be 
obtained in accordance with the ultraviolet photometric calibration 
procedure specified in appendix D to Part 50, and by means of a 
certified NIST-traceable O3 transfer standard. Consult 
references 7 and 8 of this appendix for guidance on transfer standards 
for O3.
    2.6.3  Flow rate measurements must be made by a flow measuring 
instrument that is NIST-traceable to an authoritative volume or other 
applicable standard. Guidance for certifying some types of flow-meters 
is provided in reference 10 of this appendix.
    2.7  Primary Requirements and Guidance. Requirements and guidance 
documents for developing the quality system are contained in references 
1 through 11 of this appendix, which also contain many suggested 
procedures, checks, and control specifications. Reference 10 describes 
specific guidance for the development of a quality system for data 
collected for comparison to the NAAQS. Many specific quality control 
checks and specifications for methods are included in the respective 
reference methods described in Part 50 or in the respective equivalent 
method descriptions available from the EPA (reference 6 of this 
appendix). Similarly, quality control procedures related to specifically 
designated reference and equivalent method monitors are contained in the 
respective operation or instruction manuals associated with those 
monitors. For PSD monitoring, the use of reference and equivalent method 
monitors are required.

                3. Measurement Quality Check Requirements

    This section provides the requirements for PSD PQAOs to perform the 
measurement quality checks that can be used to assess data quality. Data 
from these checks are required to be submitted to the PSD reviewing 
authority within the same time frame as routinely-collected ambient 
concentration data as described in 40 CFR 58.16. Table B-1 of this 
appendix provides a summary of the types and frequency of the 
measurement quality checks that are described in this section. Reporting 
these results to AQS may be required by the PSD reviewing authority.
    3.1 Gaseous monitors of SO2, NO2, O3, and CO.
    3.1.1  One-Point Quality Control (QC) Check for SO2, NO2, O3, and 
CO. (a) A one-point QC check must be performed at least once every 2 
weeks on each automated monitor used to measure SO2, 
NO2, O3 and CO. With the advent of automated 
calibration systems, more frequent checking is strongly encouraged and 
may be required by the PSD reviewing authority. See Reference 10 of this 
appendix for guidance on the review procedure. The QC check is made by 
challenging the monitor with a QC check gas of known concentration 
(effective concentration for open path monitors) between the prescribed 
range of 0.005 and 0.08 parts per million (ppm) for SO2, 
NO2, and O3, and between the prescribed range of 
0.5 and 5 ppm for CO monitors. The QC check gas concentration selected 
within the prescribed range should be related to monitoring objectives 
for the monitor. If monitoring for trace level monitoring, the QC check 
concentration should be selected to represent the mean or median 
concentrations at the site. If the mean or median concentrations at 
trace gas sites are below the MDL of the instrument the agency can 
select the lowest concentration in the prescribed range that can be 
practically achieved. If the mean or median concentrations at trace gas 
sites are above the prescribed range the agency can select the highest 
concentration in the prescribed range. The PSD monitoring organization 
will consult with the PSD reviewing authority on the most appropriate 
one-point QC concentration based on the objectives of the monitoring 
activity. An additional QC check point is encouraged for those 
organizations that may have occasional high values or would like to 
confirm the monitors' linearity at the higher end of the operational 
range or around NAAQS concentrations. If monitoring for NAAQS decisions 
the QC concentration can be selected at a higher concentration within 
the prescribed range but should also consider precision points around 
mean or median concentrations.
    (b) Point analyzers must operate in their normal sampling mode 
during the QC check and the test atmosphere must pass through all 
filters, scrubbers, conditioners and other components used during normal 
ambient sampling and as much of the ambient air inlet system as is 
practicable. The QC check must be conducted before any calibration or 
adjustment to the monitor.
    (c) Open-path monitors are tested by inserting a test cell 
containing a QC check gas concentration into the optical measurement 
beam of the instrument. If possible, the normally used transmitter, 
receiver, and as appropriate, reflecting devices should be used during 
the test and the normal monitoring configuration of the instrument 
should be altered as little as possible to accommodate the test cell for 
the test. However, if permitted by the associated operation or 
instruction manual, an alternate local light source or an alternate 
optical path that does not include the normal atmospheric monitoring 
path may be used. The actual concentration of the QC check gas in the 
test cell must be selected to produce an effective concentration in the 
range specified earlier in this section. Generally, the QC test 
concentration measurement will be the sum of the atmospheric pollutant 
concentration and

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the QC test concentration. As such, the result must be corrected to 
remove the atmospheric concentration contribution. The corrected 
concentration is obtained by subtracting the average of the atmospheric 
concentrations measured by the open path instrument under test 
immediately before and immediately after the QC test from the QC check 
gas concentration measurement. If the difference between these before 
and after measurements is greater than 20 percent of the effective 
concentration of the test gas, discard the test result and repeat the 
test. If possible, open path monitors should be tested during periods 
when the atmospheric pollutant concentrations are relatively low and 
steady.
    (d) Report the audit concentration of the QC gas and the 
corresponding measured concentration indicated by the monitor. The 
percent differences between these concentrations are used to assess the 
precision and bias of the monitoring data as described in sections 4.1.2 
(precision) and 4.1.3 (bias) of this appendix.
    3.1.2  Quarterly performance evaluation for SO2, NO2, O3, or CO. 
Evaluate each primary monitor each monitoring quarter (or 90 day 
frequency) during which monitors are operated or a least once (if 
operated for less than one quarter). The quarterly performance 
evaluation (quarterly PE) must be performed by a qualified individual, 
group, or organization that is not part of the organization directly 
performing and accountable for the work being assessed. The person or 
entity performing the quarterly PE must not be involved with the 
generation of the routinely-collected ambient air monitoring data. A PSD 
monitoring organization can conduct the quarterly PE itself if it can 
meet this definition and has a management structure that, at a minimum, 
will allow for the separation of its routine sampling personnel from its 
auditing personnel by two levels of management. The quarterly PE also 
requires a set of equipment and standards independent from those used 
for routine calibrations or zero, span or precision checks.
    3.1.2.1  The evaluation is made by challenging the monitor with 
audit gas standards of known concentration from at least three audit 
levels. One point must be within two to three times the method detection 
limit of the instruments within the PQAOs network, the second point will 
be less than or equal to the 99th percentile of the data at the site or 
the network of sites in the PQAO or the next highest audit concentration 
level. The third point can be around the primary NAAQS or the highest 3-
year concentration at the site or the network of sites in the PQAO. An 
additional 4th level is encouraged for those PSD organizations that 
would like to confirm the monitor's linearity at the higher end of the 
operational range. In rare circumstances, there may be sites measuring 
concentrations above audit level 10. These sites should be identified to 
the PSD reviewing authority.

----------------------------------------------------------------------------------------------------------------
                                                                     Concentration range, ppm
                   Audit level                   ---------------------------------------------------------------
                                                        O3              SO2             NO2             CO
----------------------------------------------------------------------------------------------------------------
1...............................................    0.004-0.0059   0.0003-0.0029   0.0003-0.0029     0.020-0.059
2...............................................     0.006-0.019   0.0030-0.0049   0.0030-0.0049     0.060-0.199
3...............................................     0.020-0.039   0.0050-0.0079   0.0050-0.0079     0.200-0.899
4...............................................     0.040-0.069   0.0080-0.0199   0.0080-0.0199     0.900-2.999
5...............................................     0.070-0.089   0.0200-0.0499   0.0200-0.0499     3.000-7.999
6...............................................     0.090-0.119   0.0500-0.0999   0.0500-0.0999    8.000-15.999
7...............................................     0.120-0.139   0.1000-0.1499   0.1000-0.2999   16.000-30.999
8...............................................     0.140-0.169   0.1500-0.2599   0.3000-0.4999   31.000-39.999
9...............................................     0.170-0.189   0.2600-0.7999   0.5000-0.7999   40.000-49.999
10..............................................     0.190-0.259    0.8000-1.000    0.8000-1.000   50.000-60.000
----------------------------------------------------------------------------------------------------------------

    3.1.2.2  The NO2 audit techniques may vary depending on 
the ambient monitoring method. For chemiluminescence-type NO2 
analyzers, gas phase titration (GPT) techniques should be based on the 
EPA guidance documents and monitoring agency experience. The 
NO2 gas standards may be more appropriate than GPT for direct 
NO2 methods that do not employ converters. Care should be 
taken to ensure the stability of such gas standards prior to use.
    3.1.2.3  The standards from which audit gas test concentrations are 
obtained must meet the specifications of section 2.6.1 of this appendix.
    3.1.2.4  For point analyzers, the evaluation shall be carried out by 
allowing the monitor to analyze the audit gas test atmosphere in its 
normal sampling mode such that the test atmosphere passes through all 
filters, scrubbers, conditioners, and other sample inlet components used 
during normal ambient sampling and as much of the ambient air inlet 
system as is practicable.
    3.1.2.5  Open-path monitors are evaluated by inserting a test cell 
containing the various audit gas concentrations into the optical 
measurement beam of the instrument. If possible, the normally used 
transmitter, receiver, and, as appropriate, reflecting devices should be 
used during the evaluation, and

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the normal monitoring configuration of the instrument should be modified 
as little as possible to accommodate the test cell for the evaluation. 
However, if permitted by the associated operation or instruction manual, 
an alternate local light source or an alternate optical path that does 
not include the normal atmospheric monitoring path may be used. The 
actual concentrations of the audit gas in the test cell must be selected 
to produce effective concentrations in the evaluation level ranges 
specified in this section of this appendix. Generally, each evaluation 
concentration measurement result will be the sum of the atmospheric 
pollutant concentration and the evaluation test concentration. As such, 
the result must be corrected to remove the atmospheric concentration 
contribution. The corrected concentration is obtained by subtracting the 
average of the atmospheric concentrations measured by the open-path 
instrument under test immediately before and immediately after the 
evaluation test (or preferably before and after each evaluation 
concentration level) from the evaluation concentration measurement. If 
the difference between the before and after measurements is greater than 
20 percent of the effective concentration of the test gas standard, 
discard the test result for that concentration level and repeat the test 
for that level. If possible, open-path monitors should be evaluated 
during periods when the atmospheric pollutant concentrations are 
relatively low and steady. Also, if the open-path instrument is not 
installed in a permanent manner, the monitoring path length must be 
reverified to be within 3 percent to validate the evaluation, since the 
monitoring path length is critical to the determination of the effective 
concentration.
    3.1.2.6  Report both the evaluation concentrations (effective 
concentrations for open-path monitors) of the audit gases and the 
corresponding measured concentration (corrected concentrations, if 
applicable, for open-path monitors) indicated or produced by the monitor 
being tested. The percent differences between these concentrations are 
used to assess the quality of the monitoring data as described in 
section 4.1.1 of this appendix.
    3.1.3  National Performance Audit Program (NPAP).As stated in 
sections 1.1 and 2.4, PSD monitoring networks may be subject to the 
NPEP, which includes the NPAP. The NPAP is a performance evaluation 
which is a type of audit where quantitative data are collected 
independently in order to evaluate the proficiency of an analyst, 
monitoring instrument and laboratory. Due to the implementation approach 
used in this program, NPAP provides for a national independent 
assessment of performance with a consistent level of data quality. The 
NPAP should not be confused with the quarterly PE program described in 
section 3.1.2. The PSD organizations shall consult with the PSD 
reviewing authority or the EPA regarding whether the implementation of 
NPAP is required and the implementation options available. Details of 
the EPA NPAP can be found in reference 11 of this appendix. The program 
requirements include:
    3.1.3.1  Performing audits on 100 percent of monitors and sites each 
year including monitors and sites that may be operated for less than 1 
year. The PSD reviewing authority has the authority to require more 
frequent audits at sites they consider to be high priority.
    3.1.3.2  Developing a delivery system that will allow for the audit 
concentration gasses to be introduced at the probe inlet where 
logistically feasible.
    3.1.3.3  Using audit gases that are verified against the National 
Institute for Standards and Technology (NIST) standard reference methods 
or special review procedures and validated annually for CO, 
SO2 and NO2, and at the beginning of each quarter 
of audits for O3.
    3.1.3.4  The PSD PQAO may elect to self-implement NPAP. In these 
cases, the PSD reviewing authority will work with those PSD PQAOs to 
establish training and other technical requirements to establish 
comparability to federally implemented programs. In addition to meeting 
the requirements in sections 3.1.1.3 through 3.1.3.3, the PSD PQAO must:
    (a) Ensure that the PSD audit system is equivalent to the EPA NPAP 
audit system and is an entirely separate set of equipment and standards 
from the equipment used for quarterly performance evaluations. If this 
system does not generate and analyze the audit concentrations, as the 
EPA NPAP system does, its equivalence to the EPA NPAP system must be 
proven to be as accurate under a full range of appropriate and varying 
conditions as described in section 3.1.3.6.
    (b) Perform a whole system check by having the PSD audit system 
tested at an independent and qualified EPA lab, or equivalent.
    (c) Evaluate the system with the EPA NPAP program through collocated 
auditing at an acceptable number of sites each year (at least one for a 
PSD network of five or less sites; at least two for a network with more 
than five sites).
    (d) Incorporate the NPAP into the PSD PQAO's QAPP.
    (e) Be subject to review by independent, EPA-trained personnel.
    (f) Participate in initial and update training/certification 
sessions.
    3.2  PM2.5.
    3.2.1  Flow Rate Verification for PM2.5. A one-point flow rate 
verification check must be performed at least once every month (each 
verification minimally separated by 14 days) on each monitor used to 
measure

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PM2.5. The verification is made by checking the operational 
flow rate of the monitor. If the verification is made in conjunction 
with a flow rate adjustment, it must be made prior to such flow rate 
adjustment. For the standard procedure, use a flow rate transfer 
standard certified in accordance with section 2.6 of this appendix to 
check the monitor's normal flow rate. Care should be used in selecting 
and using the flow rate measurement device such that it does not alter 
the normal operating flow rate of the monitor. Flow rate verification 
results are to be reported to the PSD reviewing authority quarterly as 
described in section 5.1. Reporting these results to AQS is encouraged. 
The percent differences between the audit and measured flow rates are 
used to assess the bias of the monitoring data as described in section 
4.2.2 of this appendix (using flow rates in lieu of concentrations).
    3.2.2  Semi-Annual Flow Rate Audit for PM2.5. Every 6 months, audit 
the flow rate of the PM2.5 particulate monitors. For short-
term monitoring operations (those less than 1 year), the flow rate 
audits must occur at start up, at the midpoint, and near the completion 
of the monitoring project. The audit must be conducted by a trained 
technician other than the routine site operator. The audit is made by 
measuring the monitor's normal operating flow rate using a flow rate 
transfer standard certified in accordance with section 2.6 of this 
appendix. The flow rate standard used for auditing must not be the same 
flow rate standard used for verifications or to calibrate the monitor. 
However, both the calibration standard and the audit standard may be 
referenced to the same primary flow rate or volume standard. Care must 
be taken in auditing the flow rate to be certain that the flow 
measurement device does not alter the normal operating flow rate of the 
monitor. Report the audit flow rate of the transfer standard and the 
corresponding flow rate measured by the monitor. The percent differences 
between these flow rates are used to evaluate monitor performance.
    3.2.3  Collocated Sampling Procedures for PM2.5. A PSD PQAO must 
have at least one collocated monitor for each PSD monitoring network.
    3.2.3.1  For each pair of collocated monitors, designate one sampler 
as the primary monitor whose concentrations will be used to report air 
quality for the site, and designate the other as the QC monitor. There 
can be only one primary monitor at a monitoring site for a given time 
period.
    (a) If the primary monitor is a FRM, then the quality control 
monitor must be a FRM of the same method designation.
    (b) If the primary monitor is a FEM, then the quality control 
monitor must be a FRM unless the PSD PQAO submits a waiver for this 
requirement, provides a specific reason why a FRM cannot be implemented, 
and the waiver is approved by the PSD reviewing authority. If the waiver 
is approved, then the quality control monitor must be the same method 
designation as the primary FEM monitor.
    3.2.3.2  In addition, the collocated monitors should be deployed 
according to the following protocol:
    (a) The collocated quality control monitor(s) should be deployed at 
sites with the highest predicted daily PM2.5 concentrations 
in the network. If the highest PM2.5 concentration site is 
impractical for collocation purposes, alternative sites approved by the 
PSD reviewing authority may be selected. If additional collocated sites 
are necessary, the PSD PQAO and the PSD reviewing authority should 
determine the appropriate location(s) based on data needs.
    (b) The two collocated monitors must be within 4 meters of each 
other and at least 2 meters apart for flow rates greater than 200 
liters/min or at least 1 meter apart for samplers having flow rates less 
than 200 liters/min to preclude airflow interference. A waiver allowing 
up to 10 meters horizontal distance and up to 3 meters vertical distance 
(inlet to inlet) between a primary and collocated quality control 
monitor may be approved by the PSD reviewing authority for sites at a 
neighborhood or larger scale of representation. This waiver may be 
approved during the QAPP review and approval process. Sampling and 
analytical methodologies must be the consistently implemented for both 
collocated samplers and for all other samplers in the network.
    (c) Sample the collocated quality control monitor on a 6-day 
schedule for sites not requiring daily monitoring and on a 3-day 
schedule for any site requiring daily monitoring. Report the 
measurements from both primary and collocated quality control monitors 
at each collocated sampling site. The calculations for evaluating 
precision between the two collocated monitors are described in section 
4.2.1 of this appendix.
    3.2.4  PM2.5 Performance Evaluation Program (PEP) Procedures. As 
stated in sections 1.1 and 2.4 of this appendix, PSD monitoring networks 
may be subject to the NPEP, which includes the PM2.5 PEP. The 
PSD monitoring organizations shall consult with the PSD reviewing 
authority or the EPA regarding whether the implementation of 
PM2.5 PEP is required and the implementation options 
available for the PM2.5 PEP. For PSD PQAOs with less than or 
equal to five monitoring sites, five valid performance evaluation audits 
must be collected and reported each year. For PSD PQAOs with greater 
than five monitoring sites, eight valid performance evaluation audits 
must be collected and reported each year. Additionally, within the five 
or eight required audits, each type of method designation (FRM/FEM 
designation)

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used as a primary monitor in the PSD network shall be audited. For a PE 
to be valid, both the primary monitor and PEP audit measurements must 
meet quality control requirements and be above 3 mg/m\3\ or a predefined 
lower concentration level determined by a systematic planning process 
and approved by the PSD reviewing authority. Due to the relatively 
short-term nature of most PSD monitoring, the likelihood of measuring 
low concentrations in many areas attaining the PM2.5 standard 
and the time required to weigh filters collected in PEs, a PSD 
monitoring organization's QAPP may contain a provision to waive the 3 
mg/m\3\ threshold for validity of PEs conducted in the last quarter of 
monitoring, subject to approval by the PSD reviewing authority.
    3.3  PM10.
    3.3.1  Flow Rate Verification for PM10. A one-point flow rate 
verification check must be performed at least once every month (each 
verification minimally separated by 14 days) on each monitor used to 
measure PM10. The verification is made by checking the 
operational flow rate of the monitor. If the verification is made in 
conjunction with a flow rate adjustment, it must be made prior to such 
flow rate adjustment. For the standard procedure, use a flow rate 
transfer standard certified in accordance with section 2.6 of this 
appendix to check the monitor's normal flow rate. Care should be taken 
in selecting and using the flow rate measurement device such that it 
does not alter the normal operating flow rate of the monitor. The 
percent differences between the audit and measured flow rates are used 
to assess the bias of the monitoring data as described in section 4.2.2 
of this appendix (using flow rates in lieu of concentrations).
    3.3.2  Semi-Annual Flow Rate Audit for PM10. Every 6 months, audit 
the flow rate of the PM10 particulate monitors. For short-
term monitoring operations (those less than 1 year), the flow rate 
audits must occur at start up, at the midpoint, and near the completion 
of the monitoring project. Where possible, the EPA strongly encourages 
more frequent auditing. The audit must be conducted by a trained 
technician other than the routine site operator. The audit is made by 
measuring the monitor's normal operating flow rate using a flow rate 
transfer standard certified in accordance with section 2.6 of this 
appendix. The flow rate standard used for auditing must not be the same 
flow rate standard used for verifications or to calibrate the monitor. 
However, both the calibration standard and the audit standard may be 
referenced to the same primary flow rate or volume standard. Care must 
be taken in auditing the flow rate to be certain that the flow 
measurement device does not alter the normal operating flow rate of the 
monitor. Report the audit flow rate of the transfer standard and the 
corresponding flow rate measured by the monitor. The percent differences 
between these flow rates are used to evaluate monitor performance
    3.3.3  Collocated Sampling Procedures for Manual PM10. A PSD PQAO 
must have at least one collocated monitor for each PSD monitoring 
network.
    3.3.3.1  For each pair of collocated monitors, designate one sampler 
as the primary monitor whose concentrations will be used to report air 
quality for the site, and designate the other as the quality control 
monitor.
    3.3.3.2  In addition, the collocated monitors should be deployed 
according to the following protocol:
    (a) The collocated quality control monitor(s) should be deployed at 
sites with the highest predicted daily PM10 concentrations in 
the network. If the highest PM10 concentration site is 
impractical for collocation purposes, alternative sites approved by the 
PSD reviewing authority may be selected.
    (b) The two collocated monitors must be within 4 meters of each 
other and at least 2 meters apart for flow rates greater than 200 
liters/min or at least 1 meter apart for samplers having flow rates less 
than 200 liters/min to preclude airflow interference. A waiver allowing 
up to 10 meters horizontal distance and up to 3 meters vertical distance 
(inlet to inlet) between a primary and collocated sampler may be 
approved by the PSD reviewing authority for sites at a neighborhood or 
larger scale of representation. This waiver may be approved during the 
QAPP review and approval process. Sampling and analytical methodologies 
must be the consistently implemented for both collocated samplers and 
for all other samplers in the network.
    (c) Sample the collocated quality control monitor on a 6-day 
schedule or 3-day schedule for any site requiring daily monitoring. 
Report the measurements from both primary and collocated quality control 
monitors at each collocated sampling site. The calculations for 
evaluating precision between the two collocated monitors are described 
in section 4.2.1 of this appendix.
    (d) In determining the number of collocated sites required for 
PM10, PSD monitoring networks for Pb-PM10 should 
be treated independently from networks for particulate matter (PM), even 
though the separate networks may share one or more common samplers. 
However, a single quality control monitor that meets the collocation 
requirements for Pb-PM10 and PM10 may serve as a 
collocated quality control monitor for both networks. Extreme care must 
be taken if using the filter from a quality control monitor for both 
PM10 and Pb analysis. PM10 filter weighing should 
occur prior to any Pb analysis.
    3.4  Pb.

[[Page 285]]

    3.4.1  Flow Rate Verification for Pb. A one-point flow rate 
verification check must be performed at least once every month (each 
verification minimally separated by 14 days) on each monitor used to 
measure Pb. The verification is made by checking the operational flow 
rate of the monitor. If the verification is made in conjunction with a 
flow rate adjustment, it must be made prior to such flow rate 
adjustment. Use a flow rate transfer standard certified in accordance 
with section 2.6 of this appendix to check the monitor's normal flow 
rate. Care should be taken in selecting and using the flow rate 
measurement device such that it does not alter the normal operating flow 
rate of the monitor. The percent differences between the audit and 
measured flow rates are used to assess the bias of the monitoring data 
as described in section 4.2.2 of this appendix (using flow rates in lieu 
of concentrations).
    3.4.2  Semi-Annual Flow Rate Audit for Pb. Every 6 months, audit the 
flow rate of the Pb particulate monitors. For short-term monitoring 
operations (those less than 1 year), the flow rate audits must occur at 
start up, at the midpoint, and near the completion of the monitoring 
project. Where possible, the EPA strongly encourages more frequent 
auditing. The audit must be conducted by a trained technician other than 
the routine site operator. The audit is made by measuring the monitor's 
normal operating flow rate using a flow rate transfer standard certified 
in accordance with section 2.6 of this appendix. The flow rate standard 
used for auditing must not be the same flow rate standard used to in 
verifications or to calibrate the monitor. However, both the calibration 
standard and the audit standard may be referenced to the same primary 
flow rate or volume standard. Great care must be taken in auditing the 
flow rate to be certain that the flow measurement device does not alter 
the normal operating flow rate of the monitor. Report the audit flow 
rate of the transfer standard and the corresponding flow rate measured 
by the monitor. The percent differences between these flow rates are 
used to evaluate monitor performance.
    3.4.3  Collocated Sampling for Pb. A PSD PQAO must have at least one 
collocated monitor for each PSD monitoring network.
    3.4.3.1  For each pair of collocated monitors, designate one sampler 
as the primary monitor whose concentrations will be used to report air 
quality for the site, and designate the other as the quality control 
monitor.
    3.4.3.2  In addition, the collocated monitors should be deployed 
according to the following protocol:
    (a) The collocated quality control monitor(s) should be deployed at 
sites with the highest predicted daily Pb concentrations in the network. 
If the highest Pb concentration site is impractical for collocation 
purposes, alternative sites approved by the PSD reviewing authority may 
be selected.
    (b) The two collocated monitors must be within 4 meters of each 
other and at least 2 meters apart for flow rates greater than 200 
liters/min or at least 1 meter apart for samplers having flow rates less 
than 200 liters/min to preclude airflow interference. A waiver allowing 
up to 10 meters horizontal distance and up to 3 meters vertical distance 
(inlet to inlet) between a primary and collocated sampler may be 
approved by the PSD reviewing authority for sites at a neighborhood or 
larger scale of representation. This waiver may be approved during the 
QAPP review and approval process. Sampling and analytical methodologies 
must be the consistently implemented for both collocated samplers and 
all other samplers in the network.
    (c) Sample the collocated quality control monitor on a 6-day 
schedule if daily monitoring is not required or 3-day schedule for any 
site requiring daily monitoring. Report the measurements from both 
primary and collocated quality control monitors at each collocated 
sampling site. The calculations for evaluating precision between the two 
collocated monitors are described in section 4.2.1 of this appendix.
    (d) In determining the number of collocated sites required for Pb-
PM10, PSD monitoring networks for PM10 should be 
treated independently from networks for Pb-PM10, even though 
the separate networks may share one or more common samplers. However, a 
single quality control monitor that meets the collocation requirements 
for Pb-PM10 and PM10 may serve as a collocated 
quality control monitor for both networks. Extreme care must be taken if 
using a using the filter from a quality control monitor for both 
PM10 and Pb analysis. The PM10 filter weighing 
should occur prior to any Pb analysis.
    3.4.4  Pb Analysis Audits. Each calendar quarter, audit the Pb 
reference or equivalent method analytical procedure using filters 
containing a known quantity of Pb. These audit filters are prepared by 
depositing a Pb standard on unexposed filters and allowing them to dry 
thoroughly. The audit samples must be prepared using batches of reagents 
different from those used to calibrate the Pb analytical equipment being 
audited. Prepare audit samples in the following concentration ranges:

------------------------------------------------------------------------
                                              Equivalent ambient  Pb
                 Range                        concentration, mg/m\3\
------------------------------------------------------------------------
1......................................  30-100% of Pb NAAQS.
2......................................  200-300% of Pb NAAQS.
------------------------------------------------------------------------

    (a) Audit samples must be extracted using the same extraction 
procedure used for exposed filters.

[[Page 286]]

    (b) Analyze three audit samples in each of the two ranges each 
quarter samples are analyzed. The audit sample analyses shall be 
distributed as much as possible over the entire calendar quarter.
    (c) Report the audit concentrations (in mg Pb/filter or strip) and 
the corresponding measured concentrations (in mg Pb/filter or strip) 
using AQS unit code 077 (if reporting to AQS). The percent differences 
between the concentrations are used to calculate analytical accuracy as 
described in section 4.2.5 of this appendix.
    3.4.5  Pb Performance Evaluation Program (PEP) Procedures. As stated 
in sections 1.1 and 2.4, PSD monitoring networks may be subject to the 
NPEP, which includes the Pb PEP. The PSD monitoring organizations shall 
consult with the PSD reviewing authority or the EPA regarding whether 
the implementation of Pb-PEP is required and the implementation options 
available for the Pb-PEP. The PEP is an independent assessment used to 
estimate total measurement system bias. Each year, one PE audit must be 
performed at one Pb site in each PSD PQAO network that has less than or 
equal to five sites and two audits for PSD PQAO networks with greater 
than five sites. In addition, each year, four collocated samples from 
PSD PQAO networks with less than or equal to five sites and six 
collocated samples from PSD PQAO networks with greater than five sites 
must be sent to an independent laboratory for analysis. The calculations 
for evaluating bias between the primary monitor and the PE monitor for 
Pb are described in section 4.2.4 of this appendix.

              4. Calculations for Data Quality Assessments

    (a) Calculations of measurement uncertainty are carried out by PSD 
PQAO according to the following procedures. The PSD PQAOs should report 
the data for all appropriate measurement quality checks as specified in 
this appendix even though they may elect to perform some or all of the 
calculations in this section on their own.
    (b) At low concentrations, agreement between the measurements of 
collocated samplers, expressed as relative percent difference or percent 
difference, may be relatively poor. For this reason, collocated 
measurement pairs will be selected for use in the precision and bias 
calculations only when both measurements are equal to or above the 
following limits:
    (1) Pb: 0.002 mg/m\3\ (Methods approved after 3/04/2010, with 
exception of manual equivalent method EQLA-0813-803).
    (2) Pb: 0.02 mg/m\3\ (Methods approved before 3/04/2010, and manual 
equivalent method EQLA-0813-803).
    (3) PM10 (Hi-Vol): 15 mg/m\3\.
    (4) PM10 (Lo-Vol): 3 mg/m\3\.
    (5) PM2.5: 3 mg/m\3\.
    (c) The PM2.5 3 mg/m\3\ limit for the 
PM2.5^PEP may be superseded by mutual agreement between the 
PSD PQAO and the PSD reviewing authority as specified in section 3.2.4 
of the appendix and detailed in the approved QAPP.
    4.1  Statistics for the Assessment of QC Checks for SO2, NO2, O3 and 
CO.
    4.1.1  Percent Difference. Many of the measurement quality checks 
start with a comparison of an audit concentration or value (flow-rate) 
to the concentration/value measured by the monitor and use percent 
difference as the comparison statistic as described in equation 1 of 
this section. For each single point check, calculate the percent 
difference, di, as follows:
[GRAPHIC] [TIFF OMITTED] TR28MR16.008

where meas is the concentration indicated by the PQAO's instrument and 
audit is the audit concentration of the standard used in the QC check 
being measured.
    4.1.2  Precision Estimate. The precision estimate is used to assess 
the one-point QC checks for SO2, NO2, 
O3, or CO described in section 3.1.1 of this appendix. The 
precision estimator is the coefficient of variation upper bound and is 
calculated using equation 2 of this section:

[[Page 287]]

[GRAPHIC] [TIFF OMITTED] TR28MR16.009

where n is the number of single point checks being aggregated; X\2\ 
0.1,n-1 is the 10th percentile of a chi-squared distribution 
with n-1 degrees of freedom.
    4.1.3  Bias Estimate. The bias estimate is calculated using the one-
point QC checks for SO2, NO2, O3, or CO 
described in section 3.1.1 of this appendix. The bias estimator is an 
upper bound on the mean absolute value of the percent differences as 
described in equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR28MR16.010

where n is the number of single point checks being aggregated; 
t0.95,n-1 is the 95th quantile of a t-distribution with n-1 
degrees of freedom; the quantity AB is the mean of the absolute values 
of the di,s and is calculated using equation 4 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR28MR16.011

and the quantity AS is the standard deviation of the absolute value of 
the di,s and is calculated using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR28MR16.012


[[Page 288]]


    4.1.3.1  Assigning a sign (positive/negative) to the bias estimate. 
Since the bias statistic as calculated in equation 3 of this appendix 
uses absolute values, it does not have a tendency (negative or positive 
bias) associated with it. A sign will be designated by rank ordering the 
percent differences of the QC check samples from a given site for a 
particular assessment interval.
    4.1.3.2  Calculate the 25th and 75th percentiles of the percent 
differences for each site. The absolute bias upper bound should be 
flagged as positive if both percentiles are positive and negative if 
both percentiles are negative. The absolute bias upper bound would not 
be flagged if the 25th and 75th percentiles are of different signs.
    4.2  Statistics for the Assessment of PM10, PM2.5, and 
Pb.
    4.2.1  Collocated Quality Control Sampler Precision Estimate for 
PM10, PM2.5 and Pb. Precision is estimated via duplicate measurements 
from collocated samplers. It is recommended that the precision be 
aggregated at the PQAO level quarterly, annually, and at the 3-year 
level. The data pair would only be considered valid if both 
concentrations are greater than or equal to the minimum values specified 
in section 4(c) of this appendix. For each collocated data pair, 
calculate the relative percent difference, di, using equation 
6 of this appendix:
[GRAPHIC] [TIFF OMITTED] TR28MR16.013

where Xi is the concentration from the primary sampler and 
Yi is the concentration value from the audit sampler. The 
coefficient of variation upper bound is calculated using equation 7 of 
this appendix:
[GRAPHIC] [TIFF OMITTED] TR28MR16.014

where n is the number of valid data pairs being aggregated, and X\2\ 
0.1,n-1 is the 10th percentile of a chi-squared distribution 
with n-1 degrees of freedom. The factor of 2 in the denominator adjusts 
for the fact that each di is calculated from two values with 
error.
    4.2.2  One-Point Flow Rate Verification Bias Estimate for PM10, 
PM2.5 and Pb. For each one-point flow rate verification, calculate the 
percent difference in volume using equation 1 of this appendix where 
meas is the value indicated by the sampler's volume measurement and 
audit is the actual volume indicated by the auditing flow meter. The 
absolute volume bias upper bound is then calculated using equation 3, 
where n is the number of flow rate audits being aggregated; 
t0.95,n-1 is the 95th quantile of a t-distribution with n-1 
degrees of freedom, the quantity AB is the mean of the absolute values 
of the di,s and is calculated using equation 4 of this 
appendix, and the quantity AS in equation 3 of this appendix is the 
standard deviation of the absolute values if the di,s and is 
calculated using equation 5 of this appendix.
    4.2.3  Semi-Annual Flow Rate Audit Bias Estimate for PM10, PM2.5 and 
Pb. Use the same procedure described in section 4.2.2 for the evaluation 
of flow rate audits.
    4.2.4  Performance Evaluation Programs Bias Estimate for Pb. The Pb 
bias estimate is calculated using the paired routine and the PEP monitor 
as described in section 3.4.5. Use the same procedures as described in 
section 4.1.3 of this appendix.
    4.2.5  Performance Evaluation Programs Bias Estimate for PM2.5. The 
bias estimate is calculated using the PEP audits described in

[[Page 289]]

section 4.1.3 of this appendix. The bias estimator is based on the mean 
percent differences (Equation 1). The mean percent difference, D, is 
calculated by Equation 8 below.
[GRAPHIC] [TIFF OMITTED] TR28MR16.015

where nj is the number of pairs and 
d1,d2,...dnj are the biases for each 
pair to be averaged.
    4.2.6  Pb Analysis Audit Bias Estimate. The bias estimate is 
calculated using the analysis audit data described in section 3.4.4. Use 
the same bias estimate procedure as described in section 4.1.3 of this 
appendix.

                        5. Reporting Requirements

    5.1.  Quarterly Reports. For each quarter, each PSD PQAO shall 
report to the PSD reviewing authority (and AQS if required by the PSD 
reviewing authority) the results of all valid measurement quality checks 
it has carried out during the quarter. The quarterly reports must be 
submitted consistent with the data reporting requirements specified for 
air quality data as set forth in 40 CFR 58.16 and pertain to PSD 
monitoring.

                              6. References

    (1) American National Standard--Specifications and Guidelines for 
Quality Systems for Environmental Data Collection and Environmental 
Technology Programs. ANSI/ASQC E4-2014. February 2014. Available from 
American Society for Quality Control, 611 East Wisconsin Avenue, 
Milwaukee, WI 53202.
    (2) EPA Requirements for Quality Management Plans. EPA QA/R-2. EPA/
240/B-01/002. March 2001, Reissue May 2006. Office of Environmental 
Information, Washington, DC 20460. http://www.epa.gov/quality/agency-
wide-quality-system-documents.
    (3) EPA Requirements for Quality Assurance Project Plans for 
Environmental Data Operations. EPA QA/R-5. EPA/240/B-01/003. March 2001, 
Reissue May 2006. Office of Environmental Information, Washington, DC 
20460. http://www.epa.gov/quality/agency-wide-quality-system-documents.
    (4) EPA Traceability Protocol for Assay and Certification of Gaseous 
Calibration Standards. EPA-600/R-12/531. May, 2012. Available from U.S. 
Environmental Protection Agency, National Risk Management Research 
Laboratory, Research Triangle Park NC 27711. http://cfpub.epa.gov/si/
si_public
_record_report.cfm?dirEntryId=245292.
    (5) Guidance for the Data Quality Objectives Process. EPA QA/G-4. 
EPA/240/B-06/001. February, 2006. Office of Environmental Information, 
Washington, DC 20460. http://www.epa.gov/quality/agency-wide-quality-
system-documents.
    (6) List of Designated Reference and Equivalent Methods. Available 
from U.S. Environmental Protection Agency, National Exposure Research 
Laboratory, Human Exposure and Atmospheric Sciences Division, MD-D205-
03, Research Triangle Park, NC 27711. http://www3.epa.gov/ttn/amtic/
criteria.html.
    (7) Transfer Standards for the Calibration of Ambient Air Monitoring 
Analyzers for Ozone. EPA-454/B-13-004 U.S. Environmental Protection 
Agency, Research Triangle Park, NC 27711, October, 2013. http://
www3.epa.gov/ttn/amtic/qapollutant.html.
    (8) Paur, R.J. and F.F. McElroy. Technical Assistance Document for 
the Calibration of Ambient Ozone Monitors. EPA-600/4-79-057. U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711, 
September, 1979. http://www.epa.gov/ttn/amtic/cpreldoc.html.
    (9) Quality Assurance Handbook for Air Pollution Measurement 
Systems, Volume 1--A Field Guide to Environmental Quality Assurance. 
EPA-600/R-94/038a. April 1994. Available from U.S. Environmental 
Protection Agency, ORD Publications Office, Center for Environmental 
Research Information (CERI), 26 W. Martin Luther King Drive, Cincinnati, 
OH 45268. http://www3.epa.gov/ttn/amtic/qalist.html.
    (10) Quality Assurance Handbook for Air Pollution Measurement 
Systems, Volume II: Ambient Air Quality Monitoring Program Quality 
System Development. EPA-454/B-13-003. http://www3.epa.gov/ttn/amtic/
qalist.html.
    (11) National Performance Evaluation Program Standard Operating 
Procedures. http://www3.epa.gov/ttn/amtic/npapsop.html.

[[Page 290]]



                            Table B-1--Minimum Data Assessment Requirements for NAAQS Related Criteria Pollutant PSD Monitors
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Method                  Assessment  method           Coverage          Minimum  frequency    Parameters  reported   AQS  Assessment type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Gaseous Methods (CO, NO2, SO2, O3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
One-Point QC for SO2, NO2, O3, CO..  Response check at       Each analyzer........  Once per 2 weeks.....  Audit concentration    One-Point QC.
                                      concentration 0.005-                                                  \1\ and measured
                                      0.08 ppm SO2, NO2,                                                    concentration \2\.
                                      O3, & 0.5 and 5 ppm
                                      CO.
Quarterly performance evaluation     See section 3.1.2 of    Each analyzer........  Once per quarter.....  Audit concentration    Annual PE.
 for SO2, NO2, O3, CO.                this appendix.                                                        \1\ and measured
                                                                                                            concentration \2\
                                                                                                            for each level.
NPAP for SO2, NO2, O3, CO\3\.......  Independent Audit.....  Each primary monitor.  Once per year........  Audit concentration    NPAP.
                                                                                                            \1\ and measured
                                                                                                            concentration \2\
                                                                                                            for each level.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Particulate Methods
--------------------------------------------------------------------------------------------------------------------------------------------------------
Collocated sampling PM10, PM2.5, Pb  Collocated samplers...  1 per PSD Network per  Every 6 days or every  Primary sampler        No Transaction
                                                              pollutant.             3 days if daily        concentration and      reported as raw data.
                                                                                     monitoring required.   duplicate sampler
                                                                                                            concentration \4\.
Flow rate verification PM10, PM2.5,  Check of sampler flow   Each sampler.........  Once every month.....  Audit flow rate and    Flow Rate
 Pb.                                  rate.                                                                 measured flow rate     Verification.
                                                                                                            indicated by the
                                                                                                            sampler.
Semi-annual flow rate audit PM10,    Check of sampler flow   Each sampler.........  Once every 6 months    Audit flow rate and    Semi Annual Flow Rate
 PM2.5, Pb.                           rate using                                     or beginning, middle   measured flow rate     Audit.
                                      independent standard.                          and end of             indicated by the
                                                                                     monitoring.            sampler.
Pb analysis audits Pb-TSP, Pb-PM10.  Check of analytical     Analytical...........  Each quarter.........  Measured value and     Pb Analysis Audits.
                                      system with Pb audit                                                  audit value (ug Pb/
                                      strips/filters.                                                       filter) using AQS
                                                                                                            unit code 077 for
                                                                                                            parameters:
                                                                                                           14129--Pb (TSP) LC
                                                                                                            FRM/FEM.
                                                                                                            85129--Pb (TSP) LC
                                                                                                            Non-FRM/FEM..
Performance Evaluation Program       Collocated samplers...  (1) 5 valid audits     Over all 4 quarters..  Primary sampler        PEP.
 PM2.5 \3\.                                                   for PQAOs with <= 5                           concentration and
                                                              sites..                                       performance
                                                             (2) 8 valid audits                             evaluation sampler
                                                              for PQAOs with > 5                            concentration.
                                                              sites..
                                                             (3) All samplers in 6
                                                              years.
Performance Evaluation Program Pb    Collocated samplers...  (1) 1 valid audit and  Over all 4 quarters..  Primary sampler        PEP.
 \3\.                                                         4 collocated samples                          concentration and
                                                              for PQAOs, with <=5                           performance
                                                              sites.                                        evaluation sampler
                                                             (2) 2 valid audits                             concentration.
                                                              and 6 collocated                              Primary sampler
                                                              samples for PQAOs                             concentration and
                                                              with >5 sites..                               duplicate sampler
                                                                                                            concentration.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Effective concentration for open path analyzers.
\2\ Corrected concentration, if applicable for open path analyzers.
\3\ NPAP, PM2.5 PEP and Pb-PEP must be implemented if data is used for NAAQS decisions otherwise implementation is at PSD reviewing authority
  discretion.
\4\ Both primary and collocated sampler values are reported as raw data.


[81 FR 17290, Mar. 28, 2016]

[[Page 291]]



 Sec. Appendix C to Part 58--Ambient Air Quality Monitoring Methodology

1.0 Purpose
2.0 SLAMS Ambient Air Monitoring Stations
3.0 NCore Ambient Air Monitoring Stations
4.0 Photochemical Assessment Monitoring Stations (PAMS)
5.0 Particulate Matter Episode Monitoring
6.0 References

                              1.0  Purpose

    This appendix specifies the criteria pollutant monitoring methods 
(manual methods or automated analyzers) which must be used in SLAMS and 
NCore stations that are a subset of SLAMS.

                2.0  SLAMS Ambient Air Monitoring Network

    2.1  Except as otherwise provided in this appendix, a criteria 
pollutant monitoring method used for making NAAQS decisions at a SLAMS 
site must be a reference or equivalent method as defined in Sec. 50.1 of 
this chapter.
    2.1.1  Any NO2 FRM or FEM used for making primary NAAQS 
decisions must be capable of providing hourly averaged concentration 
data.
    2.2  Reserved
    2.3  Any manual method or analyzer purchased prior to cancellation 
of its reference or equivalent method designation under Sec. 53.11 or 
Sec. 53.16 of this chapter may be used at a SLAMS site following 
cancellation for a reasonable period of time to be determined by the 
Administrator.
    2.4  Approval of Non-designated Continuous PM 2.5 Methods 
as Approved Regional Methods (ARMs) Operated Within a Network of Sites. 
A method for PM 2.5 that has not been designated as an FRM or 
FEM as defined in Sec. 50.1 of this chapter may be approved as an ARM 
for purposes of section 2.1 of this appendix at a particular site or 
network of sites under the following stipulations.
    2.4.1  The candidate ARM must be demonstrated to meet the 
requirements for PM 2.5 Class III equivalent methods as 
defined in subpart C of part 53 of this chapter. Specifically the 
requirements for precision, correlation, and additive and multiplicative 
bias apply. For purposes of this section 2.4, the following requirements 
shall apply:
    2.4.1.1  The candidate ARM shall be tested at the site(s) in which 
it is intended to be used. For a network of sites operated by one 
reporting agency or primary quality assurance organization, the testing 
shall occur at a subset of sites to include one site in each MSA/CSA, up 
to the first 2 highest population MSA/CSA and at least one rural area or 
Micropolitan Statistical Area site. If the candidate ARM for a network 
is already approved for purposes of this section in another agency's 
network, subsequent testing shall minimally occur at one site in a MSA/
CSA and one rural area or Micropolitan Statistical Area. There shall be 
no requirement for tests at any other sites.
    2.4.1.2  For purposes of this section, a full year of testing may 
begin and end in any season, so long as all seasons are covered.
    2.4.1.3  No PM 10 samplers shall be required for the 
test, as determination of the PM 2.5/PM 10 ratio 
at the test site shall not be required.
    2.4.1.4  The test specification for PM 2.5 Class III 
equivalent method precision defined in subpart C of part 53 of this 
chapter applies; however, there is no specific requirement that 
collocated continuous monitors be operated for purposes of generating a 
statistic for coefficient of variation (CV). To provide an estimate of 
precision that meets the requirement identified in subpart C of part 53 
of this chapter, agencies may cite peer-reviewed published data or data 
in AQS that can be presented demonstrating the candidate ARM operated 
will produce data that meets the specification for precision of Class 
III PM 2.5 methods.
    2.4.1.5  A minimum of 90 valid sample pairs per site for the year 
with no less than 20 valid sample pairs per season must be generated for 
use in demonstrating that additive bias, multiplicative bias and 
correlation meet the comparability requirements specified in subpart C 
of part 53 of this chapter. A valid sample pair may be generated with as 
little as one valid FRM and one valid candidate ARM measurement per day.
    2.4.1.6  For purposes of determining bias, FRM data with 
concentrations less than 3 micrograms per cubic meter (mg/m\3\) may be 
excluded. Exclusion of data does not result in failure of sample 
completeness specified in this section.
    2.4.1.7  Data transformations are allowed to be used to demonstrate 
meeting the comparability requirements specified in subpart C of part 53 
of this chapter. Data transformation may be linear or non-linear, but 
must be applied in the same way to all sites used in the testing.
    2.4.2  The monitoring agency wishing to use an ARM must develop and 
implement appropriate quality assurance procedures for the method. 
Additionally, the following procedures are required for the method:
    2.4.2.1  The ARM must be consistently operated throughout the 
network. Exceptions to a consistent operation must be approved according 
to section 2.8 of this appendix;
    2.4.2.2  The ARM must be operated on an hourly sampling frequency 
capable of providing data suitable for aggregation into daily 24-hour 
average measurements;

[[Page 292]]

    2.4.2.3  The ARM must use an inlet and separation device, as needed, 
that are already approved in either the reference method identified in 
appendix L to part 50 of this chapter or under part 53 of this chapter 
as approved for use on a PM 2.5 reference or equivalent 
method. The only exceptions to this requirement are those methods that 
by their inherent measurement principle may not need an inlet or 
separation device that segregates the aerosol; and
    2.4.2.4  The ARM must be capable of providing for flow audits, 
unless by its inherent measurement principle, measured flow is not 
required. These flow audits are to be performed on the frequency 
identified in appendix A to this part.
    2.4.2.5  If data transformations are used, they must be described in 
the monitoring agencies Quality Assurance Project plan (or addendum to 
QAPP). The QAPP shall describe how often (e.g., quarterly, yearly) and 
under what provisions the data transformation will be updated. For 
example, not meeting the data quality objectives for a site over a 
season or year may be cause for recalculating a data transformation, but 
by itself would not be cause for invalidating the data. Data 
transformations must be applied prospectively, i.e., in real-time or 
near real-time, to the data output from the PM 2.5 continuous 
method. See reference 7 of this appendix.
    2.4.3  The monitoring agency wishing to use the method must develop 
and implement appropriate procedures for assessing and reporting the 
precision and accuracy of the method comparable to the procedures set 
forth in appendix A of this part for designated reference and equivalent 
methods.
    2.4.4  Assessments of data quality shall follow the same frequencies 
and calculations as required under section 3 of appendix A to this part 
with the following exceptions:
    2.4.4.1  Collocation of ARM with FRM/FEM samplers must be maintained 
at a minimum of 30 percent of the required SLAMS sites with a minimum of 
1 per network;
    2.4.4.2  All collocated FRM/FEM samplers must maintain a sample 
frequency of at least 1 in 6 sample days;
    2.4.4.3  Collocated FRM/FEM samplers shall be located at the design 
value site, with the required FRM/FEM samplers deployed among the 
largest MSA/CSA in the network, until all required FRM/FEM are deployed; 
and
    2.4.4.4  Data from collocated FRM/FEM are to be substituted for any 
calendar quarter that an ARM method has incomplete data.
    2.4.4.5  Collocation with an ARM under this part for purposes of 
determining the coefficient of variation of the method shall be 
conducted at a minimum of 7.5 percent of the sites with a minimum of 1 
per network. This is consistent with the requirements in appendix A to 
this part for one-half of the required collocation of FRM/FEM (15 
percent) to be collocated with the same method.
    2.4.4.6  Assessments of bias with an independent audit of the total 
measurement system shall be conducted with the same frequency as an FEM 
as identified in appendix A to this part.
    2.4.5  Request for approval of a candidate ARM, that is not already 
approved in another agency's network under this section, must meet the 
general submittal requirements of section 2.7 of this appendix. Requests 
for approval under this section when an ARM is already approved in 
another agency's network are to be submitted to the EPA Regional 
Administrator. Requests for approval under section 2.4 of this appendix 
must include the following requirements:
    2.4.5.1  A clear and unique description of the site(s) at which the 
candidate ARM will be used and tested, and a description of the nature 
or character of the site and the particulate matter that is expected to 
occur there.
    2.4.5.2  A detailed description of the method and the nature of the 
sampler or analyzer upon which it is based.
    2.4.5.3  A brief statement of the reason or rationale for requesting 
the approval.
    2.4.5.4  A detailed description of the quality assurance procedures 
that have been developed and that will be implemented for the method.
    2.4.5.5  A detailed description of the procedures for assessing the 
precision and accuracy of the method that will be implemented for 
reporting to AQS.
    2.4.5.6  Test results from the comparability tests as required in 
section 2.4.1 through 2.4.1.4 of this appendix.
    2.4.5.7  Such further supplemental information as may be necessary 
or helpful to support the required statements and test results.
    2.4.6  Within 120 days after receiving a request for approval of the 
use of an ARM at a particular site or network of sites under section 2.4 
of this appendix, the Administrator will approve or disapprove the 
method by letter to the person or agency requesting such approval. When 
appropriate for methods that are already approved in another SLAMS 
network, the EPA Regional Administrator has approval/disapproval 
authority. In either instance, additional information may be requested 
to assist with the decision.
    2.5 [Reserved]
    2.6  Use of Methods With Higher, Nonconforming Ranges in Certain 
Geographical Areas.
    2.6.1 [Reserved]
    2.6.2  An analyzer may be used (indefinitely) on a range which 
extends to concentrations higher than two times the upper limit 
specified in table B-1 of part 53 of this chapter if:

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    2.6.2.1  The analyzer has more than one selectable range and has 
been designated as a reference or equivalent method on at least one of 
its ranges, or has been approved for use under section 2.5 (which 
applies to analyzers purchased before February 18, 1975);
    2.6.2.2  The pollutant intended to be measured with the analyzer is 
likely to occur in concentrations more than two times the upper range 
limit specified in table B-1 of part 53 of this chapter in the 
geographical area in which use of the analyzer is proposed; and
    2.6.2.3  The Administrator determines that the resolution of the 
range or ranges for which approval is sought is adequate for its 
intended use. For purposes of this section (2.6), ``resolution'' means 
the ability of the analyzer to detect small changes in concentration.
    2.6.3  Requests for approval under section 2.6.2 of this appendix 
must meet the submittal requirements of section 2.7. Except as provided 
in section 2.7.3 of this appendix, each request must contain the 
information specified in section 2.7.2 in addition to the following:
    2.6.3.1  The range or ranges proposed to be used;
    2.6.3.2  Test data, records, calculations, and test results as 
specified in section 2.7.2.2 of this appendix for each range proposed to 
be used;
    2.6.3.3  An identification and description of the geographical area 
in which use of the analyzer is proposed;
    2.6.3.4  Data or other information demonstrating that the pollutant 
intended to be measured with the analyzer is likely to occur in 
concentrations more than two times the upper range limit specified in 
table B-1 of part 53 of this chapter in the geographical area in which 
use of the analyzer is proposed; and
    2.6.3.5  Test data or other information demonstrating the resolution 
of each proposed range that is broader than that permitted by section 
2.5 of this appendix.
    2.6.4  Any person who has obtained approval of a request under this 
section (2.6.2) shall assure that the analyzer for which approval was 
obtained is used only in the geographical area identified in the request 
and only while operated in the range or ranges specified in the request.
    2.7  Requests for Approval; Withdrawal of Approval.
    2.7.1  Requests for approval under sections 2.4, 2.6.2, or 2.8 of 
this appendix must be submitted to: Director, National Exposure Research 
Laboratory (MD-D205-03), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711. For ARM that are already approved 
in another agency's network, subsequent requests for approval under 
section 2.4 are to be submitted to the applicable EPA Regional 
Administrator.
    2.7.2  Except as provided in section 2.7.3 of this appendix, each 
request must contain:
    2.7.2.1  A statement identifying the analyzer (e.g., by serial 
number) and the method of which the analyzer is representative (e.g., by 
manufacturer and model number); and
    2.7.2.2  Test data, records, calculations, and test results for the 
analyzer (or the method of which the analyzer is representative) as 
specified in subpart B, subpart C, or both (as applicable) of part 53 of 
this chapter.
    2.7.3  A request may concern more than one analyzer or geographical 
area and may incorporate by reference any data or other information 
known to EPA from one or more of the following:
    2.7.3.1  An application for a reference or equivalent method 
determination submitted to EPA for the method of which the analyzer is 
representative, or testing conducted by the applicant or by EPA in 
connection with such an application;
    2.7.3.2  Testing of the method of which the analyzer is 
representative at the initiative of the Administrator under Sec. 53.7 of 
this chapter; or
    2.7.3.3  A previous or concurrent request for approval submitted to 
EPA under this section (2.7).
    2.7.4  To the extent that such incorporation by reference provides 
data or information required by this section (2.7) or by sections 2.4, 
2.5, or 2.6 of this appendix, independent data or duplicative 
information need not be submitted.
    2.7.5  After receiving a request under this section (2.7), the 
Administrator may request such additional testing or information or 
conduct such tests as may be necessary in his judgment for a decision on 
the request.
    2.7.6  If the Administrator determines, on the basis of any 
available information, that any of the determinations or statements on 
which approval of a request under this section was based are invalid or 
no longer valid, or that the requirements of section 2.4, 2.5, or 2.6, 
as applicable, have not been met, he/she may withdraw the approval after 
affording the person who obtained the approval an opportunity to submit 
information and arguments opposing such action.
    2.8  Modifications of Methods by Users.
    2.8.1  Except as otherwise provided in this section, no reference 
method, equivalent method, or ARM may be used in a SLAMS network if it 
has been modified in a manner that could significantly alter the 
performance characteristics of the method without prior approval by the 
Administrator. For purposes of this section, ``alternative method'' 
means an analyzer, the use of which has been approved under section 2.4, 
2.5, or 2.6 of this appendix or some combination thereof.

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    2.8.2  Requests for approval under this section (2.8) must meet the 
submittal requirements of sections 2.7.1 and 2.7.2.1 of this appendix.
    2.8.3  Each request submitted under this section (2.8) must include:
    2.8.3.1  A description, in such detail as may be appropriate, of the 
desired modification;
    2.8.3.2  A brief statement of the purpose(s) of the modification, 
including any reasons for considering it necessary or advantageous;
    2.8.3.3  A brief statement of belief concerning the extent to which 
the modification will or may affect the performance characteristics of 
the method; and
    2.8.3.4  Such further information as may be necessary to explain and 
support the statements required by sections 2.8.3.2 and 2.8.3.3.
    2.8.4  The Administrator will approve or disapprove the modification 
by letter to the person or agency requesting such approval within 75 
days after receiving a request for approval under this section and any 
further information that the applicant may be asked to provide.
    2.8.5  A temporary modification that could alter the performance 
characteristics of a reference, equivalent, or ARM may be made without 
prior approval under this section if the method is not functioning or is 
malfunctioning, provided that parts necessary for repair in accordance 
with the applicable operation manual cannot be obtained within 45 days. 
Unless such temporary modification is later approved under section 2.8.4 
of this appendix, the temporarily modified method shall be repaired in 
accordance with the applicable operation manual as quickly as 
practicable but in no event later than 4 months after the temporary 
modification was made, unless an extension of time is granted by the 
Administrator. Unless and until the temporary modification is approved, 
air quality data obtained with the method as temporarily modified must 
be clearly identified as such when submitted in accordance with 
Sec. 58.16 and must be accompanied by a report containing the 
information specified in section 2.8.3 of this appendix. A request that 
the Administrator approve a temporary modification may be submitted in 
accordance with sections 2.8.1 through 2.8.4 of this appendix. In such 
cases the request will be considered as if a request for prior approval 
had been made.
    2.9  Use of IMPROVE Samplers at a SLAMS Site. ``IMPROVE'' samplers 
may be used in SLAMS for monitoring of regional background and regional 
transport concentrations of fine particulate matter. The IMPROVE 
samplers were developed for use in the Interagency Monitoring of 
Protected Visual Environments (IMPROVE) network to characterize all of 
the major components and many trace constituents of the particulate 
matter that impair visibility in Federal Class I Areas. Descriptions of 
the IMPROVE samplers and the data they collect are available in 
references 4, 5, and 6 of this appendix.
    2.10  Use of Pb-PM10 at SLAMS Sites.
    2.10.1  The EPA Regional Administrator may approve the use of a Pb-
PM 10 FRM or Pb-PM 10 FEM sampler in lieu of a Pb-
TSP sampler as part of the network plan required under part 58.10(a)(4) 
in the following cases.
    2.10.1.1  Pb-PM 10 samplers can be approved for use at 
the non-source-oriented sites required under paragraph 4.5(b) of 
Appendix D to part 58 if there is no existing monitoring data indicating 
that the maximum arithmetic 3-month mean Pb concentration (either Pb-TSP 
or Pb-PM 10) at the site was equal to or greater than 0.10 
micrograms per cubic meter during the previous 3 years.
    2.10.1.2  Pb-PM 10 samplers can be approved for use at 
source-oriented sites required under paragraph 4.5(a) if the monitoring 
agency can demonstrate (through modeling or historic monitoring data 
from the last 3 years) that Pb concentrations (either Pb-TSP or Pb-PM 
10) will not equal or exceed 0.10 micrograms per cubic meter 
on an arithmetic 3-month mean and the source is expected to emit a 
substantial majority of its Pb in the fraction of PM with an aerodynamic 
diameter of less than or equal to 10 micrometers.
    2.10.2  The approval of a Pb-PM 10 sampler in lieu of a 
Pb-TSP sampler as allowed for in paragraph 2.10.1 above will be revoked 
if measured Pb-PM 10 concentrations equal or exceed 0.10 
micrograms per cubic meter on an arithmetic 3-month mean. Monitoring 
agencies will have up to 6 months from the end of the 3-month period in 
which the arithmetic 3-month Pb-PM 10 mean concentration 
equaled or exceeded 0.10 micrograms per cubic meter to install and begin 
operation of a Pb-TSP sampler at the site.

               3.0  NCore Ambient Air Monitoring Stations

    3.1  Methods employed in NCore multipollutant sites used to measure 
SO2, CO, NO2, O3, PM 2.5, or 
PM 10-2.5 must be reference or equivalent methods as defined 
in Sec. 50.1 of this chapter, or an ARM as defined in section 2.4 of 
this appendix, for any monitors intended for comparison with applicable 
NAAQS.
    3.2  If alternative SO2, CO, NO2, 
O3, PM 2.5, or PM 10-2.5 monitoring 
methodologies are proposed for monitors not intended for NAAQS 
comparison, such techniques must be detailed in the network description 
required by Sec. 58.10 and subsequently approved by the Administrator. 
Examples of locations that are not intended to be compared to the NAAQS 
may be rural background and transport sites or areas where the 
concentration of the pollutant is so low that it would be

[[Page 295]]

more useful to operate a higher sensitivity method that is not an FRM or 
FEM.

        4.0  Photochemical Assessment Monitoring Stations (PAMS)

    4.1  Methods used for O3 monitoring at PAMS must be 
automated reference or equivalent methods as defined in Sec. 50.1 of 
this chapter.
    4.2  Methods used for NO, NO2 and NOX 
monitoring at PAMS should be automated reference or equivalent methods 
as defined for NO2 in Sec. 50.1 of this chapter. If 
alternative NO, NO2 or NOX monitoring 
methodologies are proposed, such techniques must be detailed in the 
network description required by Sec. 58.10 and subsequently approved by 
the Administrator.
    4.3  Methods for meteorological measurements and speciated VOC 
monitoring are included in the guidance provided in references 2 and 3 
of this appendix. If alternative VOC monitoring methodology (including 
the use of new or innovative technologies), which is not included in the 
guidance, is proposed, it must be detailed in the network description 
required by Sec. 58.10 and subsequently approved by the Administrator.

               5.0  Particulate Matter Episode Monitoring

    5.1  For short-term measurements of PM 10 during air 
pollution episodes (see Sec. 51.152 of this chapter) the measurement 
method must be:
    5.1.1  Either the ``Staggered PM 10'' method or the ``PM 
10 Sampling Over Short Sampling Times'' method, both of which 
are based on the reference method for PM 10 and are described 
in reference 1: or
    5.1.2  Any other method for measuring PM 10:
    5.1.2.1  Which has a measurement range or ranges appropriate to 
accurately measure air pollution episode concentration of PM 
10,
    5.1.2.2  Which has a sample period appropriate for short-term PM 
10 measurements, and
    5.1.2.3  For which a quantitative relationship to a reference or 
equivalent method for PM 10 has been established at the use 
site. Procedures for establishing a quantitative site-specific 
relationship are contained in reference 1.
    5.2  PM 10 methods other than the reference method are 
not covered under the quality assessment requirements of appendix to 
this part. Therefore, States must develop and implement their own 
quality assessment procedures for those methods allowed under this 
section 4. These quality assessment procedures should be similar or 
analogous to those described in section 3 of appendix A to this part for 
the PM 10 reference method.

                             6.0  References

    1. Pelton, D. J. Guideline for Particulate Episode Monitoring 
Methods, GEOMET Technologies, Inc., Rockville, MD. Prepared for U.S. 
Environmental Protection Agency, Research Triangle Park, NC. EPA 
Contract No. 68-02-3584. EPA 450/4-83-005. February 1983.
    2. Technical Assistance Document For Sampling and Analysis of Ozone 
Precursors. Atmospheric Research and Exposure Assessment Laboratory, 
U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. 
EPA 600/8-91-215. October 1991.
    3. Quality Assurance Handbook for Air Pollution Measurement Systems: 
Volume IV. Meteorological Measurements. Atmospheric Research and 
Exposure Assessment Laboratory, U.S. Environmental Protection Agency, 
Research Triangle Park, NC 27711. EPA 600/4-90-0003. August 1989.
    4. Eldred, R.A., Cahill, T.A., Wilkenson, L.K., et al., Measurements 
of fine particles and their chemical components in the IMPROVE/NPS 
networks, in Transactions of the International Specialty Conference on 
Visibility and Fine Particles, Air and Waste Management Association: 
Pittsburgh, PA, 1990; pp. 187-196.
    5. Sisler, J.F., Huffman, D., and Latimer, D.A.; Spatial and 
temporal patterns and the chemical composition of the haze in the United 
States: An analysis of data from the IMPROVE network, 1988-1991, ISSN 
No. 0737-5253-26, National Park Service, Ft. Collins, CO, 1993.
    6. Eldred, R.A., Cahill, T.A., Pitchford, M., and Malm, W.C.; 
IMPROVE--a new remote area particulate monitoring system for visibility 
studies, Proceedings of the 81st Annual Meeting of the Air Pollution 
Control Association, Dallas, Paper 88-54.3, 1988.
    7. Data Quality Objectives (DQOs) for Relating Federal Reference 
Method (FRM) and Continuous PM 2.5 Measurements to Report an 
Air Quality Index (AQI). Office of Air Quality Planning and Standards, 
U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. 
EPA 454/B-02-2002. November 2002.

[71 FR 61313, Oct. 17, 2006, as amended at 73 FR 67061, Nov. 12, 2008; 
75 FR 6534, Feb. 9, 2010]



  Sec. Appendix D to Part 58--Network Design Criteria for Ambient Air 
                           Quality Monitoring

1. Monitoring Objectives and Spatial Scales
2. General Monitoring Requirements
3. Design Criteria for NCore Sites
4. Pollutant-Specific Design Criteria for SLAMS Sites
5. Design Criteria for Photochemical Assessment Monitoring Stations 
          (PAMS)
6. References

[[Page 296]]

               1. Monitoring Objectives and Spatial Scales

    The purpose of this appendix is to describe monitoring objectives 
and general criteria to be applied in establishing the required SLAMS 
ambient air quality monitoring stations and for choosing general 
locations for additional monitoring sites. This appendix also describes 
specific requirements for the number and location of FRM, FEM, and ARM 
sites for specific pollutants, NCore multipollutant sites, PM 
10 mass sites, PM 2.5 mass sites, chemically-
speciated PM 2.5 sites, and O3 precursor 
measurements sites (PAMS). These criteria will be used by EPA in 
evaluating the adequacy of the air pollutant monitoring networks.
    1.1  Monitoring Objectives. The ambient air monitoring networks must 
be designed to meet three basic monitoring objectives. These basic 
objectives are listed below. The appearance of any one objective in the 
order of this list is not based upon a prioritized scheme. Each 
objective is important and must be considered individually.
    (a) Provide air pollution data to the general public in a timely 
manner. Data can be presented to the public in a number of attractive 
ways including through air quality maps, newspapers, Internet sites, and 
as part of weather forecasts and public advisories.
    (b) Support compliance with ambient air quality standards and 
emissions strategy development. Data from FRM, FEM, and ARM monitors for 
NAAQS pollutants will be used for comparing an area's air pollution 
levels against the NAAQS. Data from monitors of various types can be 
used in the development of attainment and maintenance plans. SLAMS, and 
especially NCore station data, will be used to evaluate the regional air 
quality models used in developing emission strategies, and to track 
trends in air pollution abatement control measures' impact on improving 
air quality. In monitoring locations near major air pollution sources, 
source-oriented monitoring data can provide insight into how well 
industrial sources are controlling their pollutant emissions.
    (c) Support for air pollution research studies. Air pollution data 
from the NCore network can be used to supplement data collected by 
researchers working on health effects assessments and atmospheric 
processes, or for monitoring methods development work.
    1.1.1  In order to support the air quality management work indicated 
in the three basic air monitoring objectives, a network must be designed 
with a variety of types of monitoring sites. Monitoring sites must be 
capable of informing managers about many things including the peak air 
pollution levels, typical levels in populated areas, air pollution 
transported into and outside of a city or region, and air pollution 
levels near specific sources. To summarize some of these sites, here is 
a listing of six general site types:
    (a) Sites located to determine the highest concentrations expected 
to occur in the area covered by the network.
    (b) Sites located to measure typical concentrations in areas of high 
population density.
    (c) Sites located to determine the impact of significant sources or 
source categories on air quality.
    (d) Sites located to determine general background concentration 
levels.
    (e) Sites located to determine the extent of regional pollutant 
transport among populated areas; and in support of secondary standards.
    (f) Sites located to measure air pollution impacts on visibility, 
vegetation damage, or other welfare-based impacts.
    1.1.2  This appendix contains criteria for the basic air monitoring 
requirements. The total number of monitoring sites that will serve the 
variety of data needs will be substantially higher than these minimum 
requirements provide. The optimum size of a particular network involves 
trade-offs among data needs and available resources. This regulation 
intends to provide for national air monitoring needs, and to lend 
support for the flexibility necessary to meet data collection needs of 
area air quality managers. The EPA, State, and local agencies will 
periodically collaborate on network design issues through the network 
assessment process outlined in Sec. 58.10.
    1.1.3  This appendix focuses on the relationship between monitoring 
objectives, site types, and the geographic location of monitoring sites. 
Included are a rationale and set of general criteria for identifying 
candidate site locations in terms of physical characteristics which most 
closely match a specific monitoring objective. The criteria for more 
specifically locating the monitoring site, including spacing from 
roadways and vertical and horizontal probe and path placement, are 
described in appendix E to this part.
    1.2  Spatial Scales. (a) To clarify the nature of the link between 
general monitoring objectives, site types, and the physical location of 
a particular monitor, the concept of spatial scale of representativeness 
is defined. The goal in locating monitors is to correctly match the 
spatial scale represented by the sample of monitored air with the 
spatial scale most appropriate for the monitoring site type, air 
pollutant to be measured, and the monitoring objective.
    (b) Thus, spatial scale of representativeness is described in terms 
of the physical dimensions of the air parcel nearest to a monitoring 
site throughout which actual pollutant concentrations are reasonably 
similar.

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The scales of representativeness of most interest for the monitoring 
site types described above are as follows:
    (1) Microscale--Defines the concentrations in air volumes associated 
with area dimensions ranging from several meters up to about 100 meters.
    (2) Middle scale--Defines the concentration typical of areas up to 
several city blocks in size with dimensions ranging from about 100 
meters to 0.5 kilometer.
    (3) Neighborhood scale--Defines concentrations within some extended 
area of the city that has relatively uniform land use with dimensions in 
the 0.5 to 4.0 kilometers range. The neighborhood and urban scales 
listed below have the potential to overlap in applications that concern 
secondarily formed or homogeneously distributed air pollutants.
    (4) Urban scale--Defines concentrations within an area of city-like 
dimensions, on the order of 4 to 50 kilometers. Within a city, the 
geographic placement of sources may result in there being no single site 
that can be said to represent air quality on an urban scale.
    (5) Regional scale--Defines usually a rural area of reasonably 
homogeneous geography without large sources, and extends from tens to 
hundreds of kilometers.
    (6) National and global scales--These measurement scales represent 
concentrations characterizing the nation and the globe as a whole.
    (c) Proper siting of a monitor requires specification of the 
monitoring objective, the types of sites necessary to meet the 
objective, and then the desired spatial scale of representativeness. For 
example, consider the case where the objective is to determine NAAQS 
compliance by understanding the maximum ozone concentrations for an 
area. Such areas would most likely be located downwind of a metropolitan 
area, quite likely in a suburban residential area where children and 
other susceptible individuals are likely to be outdoors. Sites located 
in these areas are most likely to represent an urban scale of 
measurement. In this example, physical location was determined by 
considering ozone precursor emission patterns, public activity, and 
meteorological characteristics affecting ozone formation and dispersion. 
Thus, spatial scale of representativeness was not used in the selection 
process but was a result of site location.
    (d) In some cases, the physical location of a site is determined 
from joint consideration of both the basic monitoring objective and the 
type of monitoring site desired, or required by this appendix. For 
example, to determine PM 2.5 concentrations which are typical 
over a geographic area having relatively high PM 2.5 
concentrations, a neighborhood scale site is more appropriate. Such a 
site would likely be located in a residential or commercial area having 
a high overall PM 2.5 emission density but not in the 
immediate vicinity of any single dominant source. Note that in this 
example, the desired scale of representativeness was an important factor 
in determining the physical location of the monitoring site.
    (e) In either case, classification of the monitor by its type and 
spatial scale of representativeness is necessary and will aid in 
interpretation of the monitoring data for a particular monitoring 
objective (e.g., public reporting, NAAQS compliance, or research 
support).
    (f) Table D-1 of this appendix illustrates the relationship between 
the various site types that can be used to support the three basic 
monitoring objectives, and the scales of representativeness that are 
generally most appropriate for that type of site.

 Table D-1 of Appendix D to Part 58--Relationship Between Site Types and
                      Scales of Representativeness
------------------------------------------------------------------------
                 Site type                    Appropriate siting scales
------------------------------------------------------------------------
1. Highest concentration..................  Micro, middle, neighborhood
                                             (sometimes urban or
                                             regional for secondarily
                                             formed pollutants).
2. Population oriented....................  Neighborhood, urban.
3. Source impact..........................  Micro, middle, neighborhood.
4. General/background & regional transport  Urban, regional.
5. Welfare-related impacts................  Urban, regional.
------------------------------------------------------------------------

                   2. General Monitoring Requirements

    (a) The National ambient air monitoring system includes several 
types of monitoring stations, each targeting a key data collection need 
and each varying in technical sophistication.
    (b) Research grade sites are platforms for scientific studies, 
either involved with health or welfare impacts, measurement methods 
development, or other atmospheric studies. These sites may be 
collaborative efforts between regulatory agencies and researchers with 
specific scientific objectives for each. Data from these sites might be 
collected with both traditional and experimental techniques, and data 
collection might involve specific laboratory analyses not common in 
routine measurement programs. The research grade sites are not required 
by regulation; however, they are included here due to their important 
role in supporting the air quality management program.
    (c) The NCore multipollutant sites are sites that measure multiple 
pollutants in order to provide support to integrated air quality 
management data needs. NCore sites include both neighborhood and urban 
scale measurements in general, in a selection of metropolitan areas and 
a limited number of more rural locations. Continuous monitoring

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methods are to be used at the NCore sites when available for a pollutant 
to be measured, as it is important to have data collected over common 
time periods for integrated analyses. NCore multipollutant sites are 
intended to be long-term sites useful for a variety of applications 
including air quality trends analyses, model evaluation, and tracking 
metropolitan area statistics. As such, the NCore sites should be placed 
away from direct emission sources that could substantially impact the 
ability to detect area-wide concentrations. The Administrator must 
approve the NCore sites.
    (d) Monitoring sites designated as SLAMS sites, but not as NCore 
sites, are intended to address specific air quality management 
interests, and as such, are frequently single-pollutant measurement 
sites. The EPA Regional Administrator must approve the SLAMS sites.
    (e) This appendix uses the statistical-based definitions for 
metropolitan areas provided by the Office of Management and Budget and 
the Census Bureau. These areas are referred to as metropolitan 
statistical areas (MSA), micropolitan statistical areas, core-based 
statistical areas (CBSA), and combined statistical areas (CSA). A CBSA 
associated with at least one urbanized area of 50,000 population or 
greater is termed a Metropolitan Statistical Area (MSA). A CBSA 
associated with at least one urbanized cluster of at least 10,000 
population or greater is termed a Micropolitan Statistical Area. CSA 
consist of two or more adjacent CBSA. In this appendix, the term MSA is 
used to refer to a Metropolitan Statistical Area. By definition, both 
MSA and CSA have a high degree of integration; however, many such areas 
cross State or other political boundaries. MSA and CSA may also cross 
more than one air shed. The EPA recognizes that State or local agencies 
must consider MSA/CSA boundaries and their own political boundaries and 
geographical characteristics in designing their air monitoring networks. 
The EPA recognizes that there may be situations where the EPA Regional 
Administrator and the affected State or local agencies may need to 
augment or to divide the overall MSA/CSA monitoring responsibilities and 
requirements among these various agencies to achieve an effective 
network design. Full monitoring requirements apply separately to each 
affected State or local agency in the absence of an agreement between 
the affected agencies and the EPA Regional Administrator.

                   3. Design Criteria for NCore Sites

    (a) Each State (i.e. the fifty States, District of Columbia, Puerto 
Rico, and the Virgin Islands) is required to operate at least one NCore 
site. States may delegate this requirement to a local agency. States 
with many MSAs often also have multiple air sheds with unique 
characteristics and, often, elevated air pollution. These States 
include, at a minimum, California, Florida, Illinois, Michigan, New 
York, North Carolina, Ohio, Pennsylvania, and Texas. These States are 
required to identify one to two additional NCore sites in order to 
account for their unique situations. These additional sites shall be 
located to avoid proximity to large emission sources. Any State or local 
agency can propose additional candidate NCore sites or modifications to 
these requirements for approval by the Administrator. The NCore 
locations should be leveraged with other multipollutant air monitoring 
sites including PAMS sites, National Air Toxics Trends Stations (NATTS) 
sites, CASTNET sites, and STN sites. Site leveraging includes using the 
same monitoring platform and equipment to meet the objectives of the 
variety of programs where possible and advantageous.
    (b) The NCore sites must measure, at a minimum, PM2.5 
particle mass using continuous and integrated/filter-based samplers, 
speciated PM2.5, PM10-2.5 particle mass, 
O3, SO2, CO, NO/NOY, wind speed, wind 
direction, relative humidity, and ambient temperature.
    (1) Although the measurement of NOy is required in 
support of a number of monitoring objectives, available commercial 
instruments may indicate little difference in their measurement of 
NOy compared to the conventional measurement of 
NOX, particularly in areas with relatively fresh sources of 
nitrogen emissions. Therefore, in areas with negligible expected 
difference between NOy and NOX measured 
concentrations, the Administrator may allow for waivers that permit 
NOX monitoring to be substituted for the required 
NOy monitoring at applicable NCore sites.
    (2) The EPA recognizes that, in some cases, the physical location of 
the NCore site may not be suitable for representative meteorological 
measurements due to the site's physical surroundings. It is also 
possible that nearby meteorological measurements may be able to fulfill 
this data need. In these cases, the requirement for meteorological 
monitoring can be waived by the Administrator.
    (c) [Reserved]
    (d) Siting criteria are provided for urban and rural locations. 
Sites with significant historical records that do not meet siting 
criteria may be approved as NCore by the Administrator. Sites with the 
suite of NCore measurements that are explicitly designed for other 
monitoring objectives are exempt from these siting criteria (e.g., a 
near-roadway site).
    (1) Urban NCore stations are to be generally located at urban or 
neighborhood scale to provide representative concentrations of exposure 
expected throughout the metropolitan area; however, a middle-scale

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site may be acceptable in cases where the site can represent many such 
locations throughout a metropolitan area.
    (2) Rural NCore stations are to be located to the maximum extent 
practicable at a regional or larger scale away from any large local 
emission source, so that they represent ambient concentrations over an 
extensive area.

          4. Pollutant-Specific Design Criteria for SLAMS Sites

    4.1  Ozone (O3) Design Criteria. (a) State, and where 
appropriate, local agencies must operate O3 sites for various 
locations depending upon area size (in terms of population and 
geographic characteristics) and typical peak concentrations (expressed 
in percentages below, or near the O3 NAAQS). Specific SLAMS 
O3 site minimum requirements are included in Table D-2 of 
this appendix. The NCore sites are expected to complement the 
O3 data collection that takes place at single-pollutant SLAMS 
sites, and both types of sites can be used to meet the network minimum 
requirements. The total number of O3 sites needed to support 
the basic monitoring objectives of public data reporting, air quality 
mapping, compliance, and understanding O3-related atmospheric 
processes will include more sites than these minimum numbers required in 
Table D-2 of this appendix. The EPA Regional Administrator and the 
responsible State or local air monitoring agency must work together to 
design and/or maintain the most appropriate O3 network to 
service the variety of data needs in an area.

    Table D-2 of Appendix D to Part 58-- SLAMS Minimum O3 Monitoring
                              Requirements
------------------------------------------------------------------------
                                  Most recent 3-year  Most recent 3-year
                                     design value        design value
      MSA population \1 2\          concentrations      concentrations
                                    $85% of any O3      <85% of any O3
                                       NAAQS \3\          NAAQS \3 4\
------------------------------------------------------------------------
>10 million.....................                  4                   2
4-10 million....................                  3                   1
350,000-<4 million..............                  2                   1
50,000-<350,000 \5\.............                  1                   0
------------------------------------------------------------------------
\1\ Minimum monitoring requirements apply to the Metropolitan
  statistical area (MSA).
\2\ Population based on latest available census figures.
\3\ The ozone (O3) National Ambient Air Quality Standards (NAAQS) levels
  and forms are defined in 40 CFR part 50.
\4\ These minimum monitoring requirements apply in the absence of a
  design value.
\5\ Metropolitan statistical areas (MSA) must contain an urbanized area
  of 50,000 or more population.

    (b) Within an O3 network, at least one O3 site 
for each MSA, or CSA if multiple MSAs are involved, must be designed to 
record the maximum concentration for that particular metropolitan area. 
More than one maximum concentration site may be necessary in some areas. 
Table D-2 of this appendix does not account for the full breadth of 
additional factors that would be considered in designing a complete 
O3 monitoring program for an area. Some of these additional 
factors include geographic size, population density, complexity of 
terrain and meteorology, adjacent O3 monitoring programs, air 
pollution transport from neighboring areas, and measured air quality in 
comparison to all forms of the O3 NAAQS (i.e., 8-hour and 1-
hour forms). Networks must be designed to account for all of these area 
characteristics. Network designs must be re-examined in periodic network 
assessments. Deviations from the above O3 requirements are 
allowed if approved by the EPA Regional Administrator.
    (c) The appropriate spatial scales for O3 sites are 
neighborhood, urban, and regional. Since O3 requires 
appreciable formation time, the mixing of reactants and products occurs 
over large volumes of air, and this reduces the importance of monitoring 
small scale spatial variability.
    (1) Neighborhood scale--Measurements in this category represent 
conditions throughout some reasonably homogeneous urban sub-region, with 
dimensions of a few kilometers. Homogeneity refers to pollutant 
concentrations. Neighborhood scale data will provide valuable 
information for developing, testing, and revising concepts and models 
that describe urban/regional concentration patterns. These data will be 
useful to the understanding and definition of processes that take 
periods of hours to occur and hence involve considerable mixing and 
transport. Under stagnation conditions, a site located in the 
neighborhood scale may also experience peak concentration levels within 
a metropolitan area.
    (2) Urban scale--Measurement in this scale will be used to estimate 
concentrations over large portions of an urban area with dimensions of 
several kilometers to 50 or more kilometers. Such measurements will be 
used for determining trends, and designing area-wide control strategies. 
The urban scale sites would also be used to measure high concentrations 
downwind of the area having the highest precursor emissions.
    (3) Regional scale--This scale of measurement will be used to typify 
concentrations over large portions of a metropolitan area and even 
larger areas with dimensions of as much as hundreds of kilometers. Such 
measurements will be useful for assessing the O3 that is 
transported to and from a metropolitan area, as well as background 
concentrations. In some situations, particularly when considering very 
large metropolitan areas with complex source mixtures, regional scale 
sites can be the maximum concentration location.
    (d) EPA's technical guidance documents on O3 monitoring 
network design should be used to evaluate the adequacy of each existing 
O3 monitor, to relocate an existing site, or to locate any 
new O3 sites.

[[Page 300]]

    (e) For locating a neighborhood scale site to measure typical city 
concentrations, a reasonably homogeneous geographical area near the 
center of the region should be selected which is also removed from the 
influence of major NOX sources. For an urban scale site to 
measure the high concentration areas, the emission inventories should be 
used to define the extent of the area of important nonmethane 
hydrocarbons and NOX emissions. The meteorological conditions 
that occur during periods of maximum photochemical activity should be 
determined. These periods can be identified by examining the 
meteorological conditions that occur on the highest O3 air 
quality days. Trajectory analyses, an evaluation of wind and emission 
patterns on high O3 days, can also be useful in evaluating an 
O3 monitoring network. In areas without any previous 
O3 air quality measurements, meteorological and O3 
precursor emissions information would be useful.
    (f) Once the meteorological and air quality data are reviewed, the 
prospective maximum concentration monitor site should be selected in a 
direction from the city that is most likely to observe the highest 
O3 concentrations, more specifically, downwind during periods 
of photochemical activity. In many cases, these maximum concentration 
O3 sites will be located 10 to 30 miles or more downwind from 
the urban area where maximum O3 precursor emissions 
originate. The downwind direction and appropriate distance should be 
determined from historical meteorological data collected on days which 
show the potential for producing high O3 levels. Monitoring 
agencies are to consult with their EPA Regional Office when considering 
siting a maximum O3 concentration site.
    (g) In locating a neighborhood scale site which is to measure high 
concentrations, the same procedures used for the urban scale are 
followed except that the site should be located closer to the areas 
bordering on the center city or slightly further downwind in an area of 
high density population.
    (h) For regional scale background monitoring sites, similar 
meteorological analysis as for the maximum concentration sites may also 
inform the decisions for locating regional scale sites. Regional scale 
sites may be located to provide data on O3 transport between 
cities, as background sites, or for other data collection purposes. 
Consideration of both area characteristics, such as meteorology, and the 
data collection objectives, such as transport, must be jointly 
considered for a regional scale site to be useful.
    (i) Ozone monitoring is required at SLAMS monitoring sites only 
during the seasons of the year that are conducive to O3 
formation (i.e., ``ozone season'') as described below in Table D-3 of 
this appendix. These O3 seasons are also identified in the 
AQS files on a state-by-state basis. Deviations from the O3 
monitoring season must be approved by the EPA Regional Administrator. 
These requests will be reviewed by Regional Administrators taking into 
consideration, at a minimum, the frequency of out-of-season 
O3 NAAQS exceedances, as well as occurrences of the Moderate 
air quality index level, regional consistency, and logistical issues 
such as site access. Any deviations based on the Regional 
Administrator's waiver of requirements must be described in the annual 
monitoring network plan and updated in AQS. Changes to the O3 
monitoring season requirements in Table D-3 revoke all previously 
approved Regional Administrator waivers. Requests for monitoring season 
deviations must be accompanied by relevant supporting information. 
Information on how to analyze O3 data to support a change to 
the O3 season in support of the 8-hour standard for the 
entire network in a specific state can be found in reference 8 to this 
appendix. Ozone monitors at NCore stations are required to be operated 
year-round (January to December).

Table D-3 \1\ to Appendix D of part 58. Ozone Monitoring Season by state
------------------------------------------------------------------------
              State                   Begin Month          End Month
------------------------------------------------------------------------
Alabama.........................  March.............  October.
Alaska..........................  April.............  October.
Arizona.........................  January...........  December.
Arkansas........................  March.............  November.
California......................  January...........  December.
Colorado........................  January...........  December.
Connecticut.....................  March.............  September.
Delaware........................  March.............  October.
District of Columbia............  March.............  October.
Florida.........................  January...........  December.
Georgia.........................  March.............  October.
Hawaii..........................  January...........  December.
Idaho...........................  April.............  September.
Illinois........................  March.............  October.
Indiana.........................  March.............  October.
Iowa............................  March.............  October.
Kansas..........................  March.............  October.
Kentucky........................  March.............  October.
Louisiana (Northern) AQCR 019,    March.............  October.
 022.
Louisiana (Southern) AQCR 106...  January...........  December.
Maine...........................  April.............  September.
Maryland........................  March.............  October.
Massachusetts...................  March.............  September.
Michigan........................  March.............  October.
Minnesota.......................  March.............  October.
Mississippi.....................  March.............  October.
Missouri........................  March.............  October.
Montana.........................  April.............  September.
Nebraska........................  March.............  October.
Nevada..........................  January...........  December.
New Hampshire...................  March.............  September.
New Jersey......................  March.............  October.
New Mexico......................  January...........  December.
New York........................  March.............  October.
North Carolina..................  March.............  October.
North Dakota....................  March.............  September.
Ohio............................  March.............  October.
Oklahoma........................  March.............  November.
Oregon..........................  May...............  September.
Pennsylvania....................  March.............  October.

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Puerto Rico.....................  January...........  December.
Rhode Island....................  March.............  September.
South Carolina..................  March.............  October.
South Dakota....................  March.............  October.
Tennessee.......................  March.............  October.
Texas (Northern) AQCR 022, 210,   March.............  November.
 211, 212, 215, 217, 218.
Texas (Southern) AQCR 106, 153,   January...........  December.
 213, 214, 216.
Utah............................  January...........  December.
Vermont.........................  April.............  September.
Virginia........................  March.............  October.
Washington......................  May...............  September.
West Virginia...................  March.............  October.
Wisconsin.......................  March.............  October 15.
Wyoming.........................  January...........  September.
American Samoa..................  January...........  December.
Guam............................  January...........  December.
Virgin Islands..................  January...........  December.
------------------------------------------------------------------------
\1\ The required O3 monitoring season for NCore stations is January
  through December.

                4.2  Carbon Monoxide (CO) Design Criteria

    4.2.1  General Requirements. (a) Except as provided in subsection 
(b), one CO monitor is required to operate collocated with one required 
near-road NO2 monitor, as required in Section 4.3.2 of this 
part, in CBSAs having a population of 1,000,000 or more persons. If a 
CBSA has more than one required near-road NO2 monitor, only 
one CO monitor is required to be collocated with a near-road 
NO2 monitor within that CBSA.
    (b) If a state provides quantitative evidence demonstrating that 
peak ambient CO concentrations would occur in a near-road location which 
meets microscale siting criteria in Appendix E of this part but is not a 
near-road NO2 monitoring site, then the EPA Regional 
Administrator may approve a request by a state to use such an alternate 
near-road location for a CO monitor in place of collocating a monitor at 
near-road NO2 monitoring site.
    4.2.2  Regional Administrator Required Monitoring. (a) The Regional 
Administrators, in collaboration with states, may require additional CO 
monitors above the minimum number of monitors required in 4.2.1 of this 
part, where the minimum monitoring requirements are not sufficient to 
meet monitoring objectives. The Regional Administrator may require, at 
his/her discretion, additional monitors in situations where data or 
other information suggest that CO concentrations may be approaching or 
exceeding the NAAQS. Such situations include, but are not limited to, 
(1) characterizing impacts on ground-level concentrations due to 
stationary CO sources, (2) characterizing CO concentrations in downtown 
areas or urban street canyons, and (3) characterizing CO concentrations 
in areas that are subject to high ground level CO concentrations 
particularly due to or enhanced by topographical and meteorological 
impacts. The Regional Administrator and the responsible State or local 
air monitoring agency shall work together to design and maintain the 
most appropriate CO network to address the data needs for an area, and 
include all monitors under this provision in the annual monitoring 
network plan.
    4.2.3  CO Monitoring Spatial Scales. (a) Microscale and middle scale 
measurements are the most useful site classifications for CO monitoring 
sites since most people have the potential for exposure on these scales. 
Carbon monoxide maxima occur primarily in areas near major roadways and 
intersections with high traffic density and often in areas with poor 
atmospheric ventilation.
    (1) Microscale--Microscale measurements typically represent areas in 
close proximity to major roadways, within street canyons, over 
sidewalks, and in some cases, point and area sources. Emissions on 
roadways result in high ground level CO concentrations at the 
microscale, where concentration gradients generally exhibit a marked 
decrease with increasing downwind distance from major roads, or within 
downtown areas including urban street canyons. Emissions from stationary 
point and area sources, and non-road sources may, under certain plume 
conditions, result in high ground level concentrations at the 
microscale.
    (2) Middle scale--Middle scale measurements are intended to 
represent areas with dimensions from 100 meters to 0.5 kilometer. In 
certain cases, middle scale measurements may apply to areas that have a 
total length of several kilometers, such as ``line'' emission source 
areas. This type of emission sources areas would include air quality 
along a commercially developed street or shopping plaza, freeway 
corridors, parking lots and feeder streets.
    (3) Neighborhood scale--Neighborhood scale measurements are intended 
to represent areas with dimensions from 0.5 kilometers to 4 kilometers. 
Measurements of CO in this category would represent conditions 
throughout some reasonably urban sub-regions. In some cases, 
neighborhood scale data may represent not only the immediate 
neighborhood spatial area, but also other similar such areas across the 
larger urban area. Neighborhood scale measurements provide relative 
area-wide concentration data which are useful for providing relative 
urban background concentrations, supporting health and scientific 
research, and for use in modeling.

               4.3  Nitrogen Dioxide (NO2) Design Criteria

    4.3.1  General Requirements

[[Page 302]]

    (a) State and, where appropriate, local agencies must operate a 
minimum number of required NO2 monitoring sites as described 
below.
    4.3.2  Requirement for Near-road NO2 Monitors
    (a) Within the NO2 network, there must be one microscale 
near-road NO2 monitoring station in each CBSA with a 
population of 1,000,000 or more persons to monitor a location of 
expected maximum hourly concentrations sited near a major road with high 
AADT counts as specified in paragraph 4.3.2(a)(1) of this appendix. An 
additional near-road NO2 monitoring station is required for 
any CBSA with a population of 2,500,000 persons or more, or in any CBSA 
with a population of 1,000,000 or more persons that has one or more 
roadway segments with 250,000 or greater AADT counts to monitor a second 
location of expected maximum hourly concentrations. CBSA populations 
shall be based on the latest available census figures.
    (1) The near-road NO2 monitoring sites shall be selected 
by ranking all road segments within a CBSA by AADT and then identifying 
a location or locations adjacent to those highest ranked road segments, 
considering fleet mix, roadway design, congestion patterns, terrain, and 
meteorology, where maximum hourly NO2 concentrations are 
expected to occur and siting criteria can be met in accordance with 
appendix E of this part. Where a state or local air monitoring agency 
identifies multiple acceptable candidate sites where maximum hourly 
NO2 concentrations are expected to occur, the monitoring 
agency shall consider the potential for population exposure in the 
criteria utilized to select the final site location. Where one CBSA is 
required to have two near-road NO2 monitoring stations, the 
sites shall be differentiated from each other by one or more of the 
following factors: fleet mix; congestion patterns; terrain; geographic 
area within the CBSA; or different route, interstate, or freeway 
designation.
    (b) Measurements at required near-road NO2 monitor sites 
utilizing chemiluminescence FRMs must include at a minimum: NO, 
NO2, and NOX.
    4.3.3  Requirement for Area-wide NO2 Monitoring
    (a) Within the NO2 network, there must be one monitoring 
station in each CBSA with a population of 1,000,000 or more persons to 
monitor a location of expected highest NO2 concentrations 
representing the neighborhood or larger spatial scales. PAMS sites 
collecting NO2 data that are situated in an area of expected 
high NO2 concentrations at the neighborhood or larger spatial 
scale may be used to satisfy this minimum monitoring requirement when 
the NO2 monitor is operated year round. Emission inventories 
and meteorological analysis should be used to identify the appropriate 
locations within a CBSA for locating required area-wide NO2 
monitoring stations. CBSA populations shall be based on the latest 
available census figures.
    4.3.4  Regional Administrator Required Monitoring
    (a) The Regional Administrators, in collaboration with States, must 
require a minimum of forty additional NO2 monitoring stations 
nationwide in any area, inside or outside of CBSAs, above the minimum 
monitoring requirements, with a primary focus on siting these monitors 
in locations to protect susceptible and vulnerable populations. The 
Regional Administrators, working with States, may also consider 
additional factors described in paragraph (b) below to require monitors 
beyond the minimum network requirement.
    (b) The Regional Administrators may require monitors to be sited 
inside or outside of CBSAs in which:
    (i) The required near-road monitors do not represent all locations 
of expected maximum hourly NO2 concentrations in an area and 
NO2 concentrations may be approaching or exceeding the NAAQS 
in that area;
    (ii) Areas that are not required to have a monitor in accordance 
with the monitoring requirements and NO2 concentrations may 
be approaching or exceeding the NAAQS; or
    (iii) The minimum monitoring requirements for area-wide monitors are 
not sufficient to meet monitoring objectives.
    (c) The Regional Administrator and the responsible State or local 
air monitoring agency should work together to design and/or maintain the 
most appropriate NO2 network to address the data needs for an 
area, and include all monitors under this provision in the annual 
monitoring network plan.
    4.3.5  NO2 Monitoring Spatial Scales
    (a) The most important spatial scale for near-road NO2 
monitoring stations to effectively characterize the maximum expected 
hourly NO2 concentration due to mobile source emissions on 
major roadways is the microscale. The most important spatial scales for 
other monitoring stations characterizing maximum expected hourly 
NO2 concentrations are the microscale and middle scale. The 
most important spatial scale for area-wide monitoring of high 
NO2 concentrations is the neighborhood scale.
    (1) Microscale--This scale represents areas in close proximity to 
major roadways or point and area sources. Emissions from roadways result 
in high ground level NO2 concentrations at the microscale, 
where concentration gradients generally exhibit a marked decrease with 
increasing downwind distance from major roads. As noted in appendix E of 
this part, near-road NO2 monitoring stations are required to 
be within 50 meters of target road segments in order to measure expected 
peak concentrations. Emissions from stationary point and area sources, 
and non-road sources may, under

[[Page 303]]

certain plume conditions, result in high ground level concentrations at 
the microscale. The microscale typically represents an area impacted by 
the plume with dimensions extending up to approximately 100 meters.
    (2) Middle scale--This scale generally represents air quality levels 
in areas up to several city blocks in size with dimensions on the order 
of approximately 100 meters to 500 meters. The middle scale may include 
locations of expected maximum hourly concentrations due to proximity to 
major NO2 point, area, and/or non-road sources.
    (3) Neighborhood scale--The neighborhood scale represents air 
quality conditions throughout some relatively uniform land use areas 
with dimensions in the 0.5 to 4.0 kilometer range. Emissions from 
stationary point and area sources may, under certain plume conditions, 
result in high NO2 concentrations at the neighborhood scale. 
Where a neighborhood site is located away from immediate NO2 
sources, the site may be useful in representing typical air quality 
values for a larger residential area, and therefore suitable for 
population exposure and trends analyses.
    (4) Urban scale--Measurements in this scale would be used to 
estimate concentrations over large portions of an urban area with 
dimensions from 4 to 50 kilometers. Such measurements would be useful 
for assessing trends in area-wide air quality, and hence, the 
effectiveness of large scale air pollution control strategies. Urban 
scale sites may also support other monitoring objectives of the 
NO2 monitoring network identified in paragraph 4.3.4 above.
    4.3.6  NOy Monitoring
    (a) NO/NOy measurements are included within the NCore 
multi-pollutant site requirements and the PAMS program. These NO/
NOy measurements will produce conservative estimates for 
NO2 that can be used to ensure tracking continued compliance 
with the NO2 NAAQS. NO/NOy monitors are used at 
these sites because it is important to collect data on total reactive 
nitrogen species for understanding O3 photochemistry.

          4.4  Sulfur Dioxide (SO2) Design Criteria.

    4.4.1  General Requirements. (a) State and, where appropriate, local 
agencies must operate a minimum number of required SO2 
monitoring sites as described below.
    4.4.2  Requirement for Monitoring by the Population Weighted 
Emissions Index. (a) The population weighted emissions index (PWEI) 
shall be calculated by States for each core based statistical area 
(CBSA) they contain or share with another State or States for use in the 
implementation of or adjustment to the SO2 monitoring 
network. The PWEI shall be calculated by multiplying the population of 
each CBSA, using the most current census data or estimates, and the 
total amount of SO2 in tons per year emitted within the CBSA 
area, using an aggregate of the most recent county level emissions data 
available in the National Emissions Inventory for each county in each 
CBSA. The resulting product shall be divided by one million, providing a 
PWEI value, the units of which are million persons-tons per year. For 
any CBSA with a calculated PWEI value equal to or greater than 
1,000,000, a minimum of three SO2 monitors are required 
within that CBSA. For any CBSA with a calculated PWEI value equal to or 
greater than 100,000, but less than 1,000,000, a minimum of two 
SO2 monitors are required within that CBSA. For any CBSA with 
a calculated PWEI value equal to or greater than 5,000, but less than 
100,000, a minimum of one SO2 monitor is required within that 
CBSA.
    (1) The SO2 monitoring site(s) required as a result of 
the calculated PWEI in each CBSA shall satisfy minimum monitoring 
requirements if the monitor is sited within the boundaries of the parent 
CBSA and is one of the following site types (as defined in section 1.1.1 
of this appendix): population exposure, highest concentration, source 
impacts, general background, or regional transport. SO2 
monitors at NCore stations may satisfy minimum monitoring requirements 
if that monitor is located within a CBSA with minimally required 
monitors under this part. Any monitor that is sited outside of a CBSA 
with minimum monitoring requirements to assess the highest concentration 
resulting from the impact of significant sources or source categories 
existing within that CBSA shall be allowed to count towards minimum 
monitoring requirements for that CBSA.
    4.4.3  Regional Administrator Required Monitoring. (a) The Regional 
Administrator may require additional SO2 monitoring stations 
above the minimum number of monitors required in 4.4.2 of this part, 
where the minimum monitoring requirements are not sufficient to meet 
monitoring objectives. The Regional Administrator may require, at his/
her discretion, additional monitors in situations where an area has the 
potential to have concentrations that may violate or contribute to the 
violation of the NAAQS, in areas impacted by sources which are not 
conducive to modeling, or in locations with susceptible and vulnerable 
populations, which are not monitored under the minimum monitoring 
provisions described above. The Regional Administrator and the 
responsible State or local air monitoring agency shall work together to 
design and/or maintain the most appropriate SO2 network to 
provide sufficient data to meet monitoring objectives.
    4.4.4  SO2 Monitoring Spatial Scales. (a) The appropriate 
spatial scales for SO2 SLAMS monitors are the microscale, 
middle, neighborhood, and urban scales. Monitors sited at the 
microscale, middle, and neighborhood

[[Page 304]]

scales are suitable for determining maximum hourly concentrations for 
SO2. Monitors sited at urban scales are useful for 
identifying SO2 transport, trends, and, if sited upwind of 
local sources, background concentrations.
    (1) Microscale--This scale would typify areas in close proximity to 
SO2 point and area sources. Emissions from stationary point 
and area sources, and non-road sources may, under certain plume 
conditions, result in high ground level concentrations at the 
microscale. The microscale typically represents an area impacted by the 
plume with dimensions extending up to approximately 100 meters.
    (2) Middle scale--This scale generally represents air quality levels 
in areas up to several city blocks in size with dimensions on the order 
of approximately 100 meters to 500 meters. The middle scale may include 
locations of expected maximum short-term concentrations due to proximity 
to major SO2 point, area, and/or non-road sources.
    (3) Neighborhood scale--The neighborhood scale would characterize 
air quality conditions throughout some relatively uniform land use areas 
with dimensions in the 0.5 to 4.0 kilometer range. Emissions from 
stationary point and area sources may, under certain plume conditions, 
result in high SO2 concentrations at the neighborhood scale. 
Where a neighborhood site is located away from immediate SO2 
sources, the site may be useful in representing typical air quality 
values for a larger residential area, and therefore suitable for 
population exposure and trends analyses.
    (4) Urban scale--Measurements in this scale would be used to 
estimate concentrations over large portions of an urban area with 
dimensions from 4 to 50 kilometers. Such measurements would be useful 
for assessing trends in area-wide air quality, and hence, the 
effectiveness of large scale air pollution control strategies. Urban 
scale sites may also support other monitoring objectives of the 
SO2 monitoring network such as identifying trends, and when 
monitors are sited upwind of local sources, background concentrations.
    4.4.5  NCore Monitoring. (a) SO2 measurements are 
included within the NCore multipollutant site requirements as described 
in paragraph (3)(b) of this appendix. NCore-based SO2 
measurements are primarily used to characterize SO2 trends 
and assist in understanding SO2 transport across 
representative areas in urban or rural locations and are also used for 
comparison with the SO2 NAAQS. SO2 monitors at 
NCore sites that exist in CBSAs with minimum monitoring requirements per 
section 4.4.2 above shall be allowed to count towards those minimum 
monitoring requirements.
    4.5  Lead (Pb) Design Criteria. (a) State and, where appropriate, 
local agencies are required to conduct ambient air Pb monitoring near Pb 
sources which are expected to or have been shown to contribute to a 
maximum Pb concentration in ambient air in excess of the NAAQS, taking 
into account the logistics and potential for population exposure. At a 
minimum, there must be one source-oriented SLAMS site located to measure 
the maximum Pb concentration in ambient air resulting from each non-
airport Pb source which emits 0.50 or more tons per year and from each 
airport which emits 1.0 or more tons per year based on either the most 
recent National Emission Inventory (http://www.epa.gov/ttn/chief/
eiinformation.html) or other scientifically justifiable methods and data 
(such as improved emissions factors or site-specific data) taking into 
account logistics and the potential for population exposure.
    (i) One monitor may be used to meet the requirement in paragraph 
4.5(a) for all sources involved when the location of the maximum Pb 
concentration due to one Pb source is expected to also be impacted by Pb 
emissions from a nearby source (or multiple sources). This monitor must 
be sited, taking into account logistics and the potential for population 
exposure, where the Pb concentration from all sources combined is 
expected to be at its maximum.
    (ii) The Regional Administrator may waive the requirement in 
paragraph 4.5(a) for monitoring near Pb sources if the State or, where 
appropriate, local agency can demonstrate the Pb source will not 
contribute to a maximum Pb concentration in ambient air in excess of 50 
percent of the NAAQS (based on historical monitoring data, modeling, or 
other means). The waiver must be renewed once every 5 years as part of 
the network assessment required under Sec. 58.10(d).
    (iii) State and, where appropriate, local agencies are required to 
conduct ambient air Pb monitoring near each of the airports listed in 
Table D-3A for a period of 12 consecutive months commencing no later 
than December 27, 2011. Monitors shall be sited to measure the maximum 
Pb concentration in ambient air, taking into account logistics and the 
potential for population exposure, and shall use an approved Pb-TSP 
Federal Reference Method or Federal Equivalent Method. Any monitor that 
exceeds 50 percent of the Pb NAAQS on a rolling 3-month average (as 
determined according to 40 CFR part 50, Appendix R) shall become a 
required monitor under paragraph 4.5(c) of this Appendix, and shall 
continue to monitor for Pb unless a waiver is granted allowing it to 
stop operating as allowed by the provisions in paragraph 4.5(a)(ii) of 
this appendix. Data collected shall be submitted to the Air Quality 
System database according to the requirements of 40 CFR part 58.16.

[[Page 305]]



              Table D-3A Airports To Be Monitored for Lead
------------------------------------------------------------------------
              Airport                        County             State
------------------------------------------------------------------------
Merrill Field......................  Anchorage.............  AK
Pryor Field Regional...............  Limestone.............  AL
Palo Alto Airport of Santa Clara     Santa Clara...........  CA
 County.
McClellan-Palomar..................  San Diego.............  CA
Reid-Hillview......................  Santa Clara...........  CA
Gillespie Field....................  San Diego.............  CA
San Carlos.........................  San Mateo.............  CA
Nantucket Memorial.................  Nantucket.............  MA
Oakland County International.......  Oakland...............  MI
Republic...........................  Suffolk...............  NY
Brookhaven.........................  Suffolk...............  NY
Stinson Municipal..................  Bexar.................  TX
Northwest Regional.................  Denton................  TX
Harvey Field.......................  Snohomish.............  WA
Auburn Municipal...................  King..................  WA
------------------------------------------------------------------------

    (b) [Reserved]
    (c) The EPA Regional Administrator may require additional monitoring 
beyond the minimum monitoring requirements contained in paragraph 4.5(a) 
of this appendix where the likelihood of Pb air quality violations is 
significant or where the emissions density, topography, or population 
locations are complex and varied. The EPA Regional Administrators may 
require additional monitoring at locations including, but not limited 
to, those near existing additional industrial sources of Pb, recently 
closed industrial sources of Pb, airports where piston-engine aircraft 
emit Pb, and other sources of re-entrained Pb dust.
    (d) The most important spatial scales for source-oriented sites to 
effectively characterize the emissions from point sources are microscale 
and middle scale. The most important spatial scale for non-source-
oriented sites to characterize typical lead concentrations in urban 
areas is the neighborhood scale. Monitor siting should be conducted in 
accordance with 4.5(a)(i) with respect to source-oriented sites.
    (1) Microscale--This scale would typify areas in close proximity to 
lead point sources. Emissions from point sources such as primary and 
secondary lead smelters, and primary copper smelters may under 
fumigation conditions likewise result in high ground level 
concentrations at the microscale. In the latter case, the microscale 
would represent an area impacted by the plume with dimensions extending 
up to approximately 100 meters. Pb monitors in areas where the public 
has access, and particularly children have access, are desirable because 
of the higher sensitivity of children to exposures of elevated Pb 
concentrations.
    (2) Middle scale--This scale generally represents Pb air quality 
levels in areas up to several city blocks in size with dimensions on the 
order of approximately 100 meters to 500 meters. The middle scale may 
for example, include schools and playgrounds in center city areas which 
are close to major Pb point sources. Pb monitors in such areas are 
desirable because of the higher sensitivity of children to exposures of 
elevated Pb concentrations (reference 3 of this appendix). Emissions 
from point sources frequently impact on areas at which single sites may 
be located to measure concentrations representing middle spatial scales.
    (3) Neighborhood scale--The neighborhood scale would characterize 
air quality conditions throughout some relatively uniform land use areas 
with dimensions in the 0.5 to 4.0 kilometer range. Sites of this scale 
would provide monitoring data in areas representing conditions where 
children live and play. Monitoring in such areas is important since this 
segment of the population is more susceptible to the effects of Pb. 
Where a neighborhood site is located away from immediate Pb sources, the 
site may be very useful in representing typical air quality values for a 
larger residential area, and therefore suitable for population exposure 
and trends analyses.
    (d) Technical guidance is found in references 4 and 5 of this 
appendix. These documents provide additional guidance on locating sites 
to meet specific urban area monitoring objectives and should be used in 
locating new sites or evaluating the adequacy of existing sites.
    4.6  Particulate Matter (PM 10) Design 
Criteria.(a) Table D-4 indicates the approximate number of 
permanent stations required in MSAs to characterize national and 
regional PM 10 air quality trends and geographical patterns. 
The number of PM 10 stations in areas where MSA populations 
exceed 1,000,000 must be in the range from 2 to 10 stations, while in 
low population urban areas, no more than two stations are required. A 
range of monitoring stations is specified in Table D-4 because sources 
of pollutants and local control efforts can vary from one part of the 
country to another and therefore, some flexibility is allowed in 
selecting the actual number of stations in any one locale. Modifications 
from these PM 10 monitoring requirements must be approved by 
the Regional Administrator.

  Table D-4 of Appendix D to Part 58--PM 10 Minimum Monitoring Requirements (Approximate Number of Stations Per
                                                    MSA) \1\
----------------------------------------------------------------------------------------------------------------
                                                                                               Low concentration
                 Population category                  High concentration        Medium               \4 5\
                                                              \2\          concentration \3\
----------------------------------------------------------------------------------------------------------------
>1,000,000..........................................               6-10                 4-8                 2-4

[[Page 306]]

 
500,000-1,000,000...................................                4-8                 2-4                 1-2
250,000-500,000.....................................                3-4                 1-2                 0-1
100,000-250,000.....................................                1-2                 0-1                  0
----------------------------------------------------------------------------------------------------------------
\1\ Selection of urban areas and actual numbers of stations per area will be jointly determined by EPA and the
  State agency.
\2\ High concentration areas are those for which ambient PM10 data show ambient concentrations exceeding the PM
  10 NAAQS by 20 percent or more.
\3\ Medium concentration areas are those for which ambient PM10 data show ambient concentrations exceeding 80
  percent of the PM 10 NAAQS.
\4\ Low concentration areas are those for which ambient PM10 data show ambient concentrations less than 80
  percent of the PM 10 NAAQS.
\5\ These minimum monitoring requirements apply in the absence of a design value.

    (b) Although microscale monitoring may be appropriate in some 
circumstances, the most important spatial scales to effectively 
characterize the emissions of PM 10 from both mobile and 
stationary sources are the middle scales and neighborhood scales.
    (1) Microscale--This scale would typify areas such as downtown 
street canyons, traffic corridors, and fence line stationary source 
monitoring locations where the general public could be exposed to 
maximum PM 10 concentrations. Microscale particulate matter 
sites should be located near inhabited buildings or locations where the 
general public can be expected to be exposed to the concentration 
measured. Emissions from stationary sources such as primary and 
secondary smelters, power plants, and other large industrial processes 
may, under certain plume conditions, likewise result in high ground 
level concentrations at the microscale. In the latter case, the 
microscale would represent an area impacted by the plume with dimensions 
extending up to approximately 100 meters. Data collected at microscale 
sites provide information for evaluating and developing hot spot control 
measures.
    (2) Middle scale--Much of the short-term public exposure to coarse 
fraction particles (PM 10) is on this scale and on the 
neighborhood scale. People moving through downtown areas or living near 
major roadways or stationary sources, may encounter particulate 
pollution that would be adequately characterized by measurements of this 
spatial scale. Middle scale PM 10 measurements can be 
appropriate for the evaluation of possible short-term exposure public 
health effects. In many situations, monitoring sites that are 
representative of micro-scale or middle-scale impacts are not unique and 
are representative of many similar situations. This can occur along 
traffic corridors or other locations in a residential district. In this 
case, one location is representative of a neighborhood of small scale 
sites and is appropriate for evaluation of long-term or chronic effects. 
This scale also includes the characteristic concentrations for other 
areas with dimensions of a few hundred meters such as the parking lot 
and feeder streets associated with shopping centers, stadia, and office 
buildings. In the case of PM 10, unpaved or seldomly swept 
parking lots associated with these sources could be an important source 
in addition to the vehicular emissions themselves.
    (3) Neighborhood scale--Measurements in this category represent 
conditions throughout some reasonably homogeneous urban sub-region with 
dimensions of a few kilometers and of generally more regular shape than 
the middle scale. Homogeneity refers to the particulate matter 
concentrations, as well as the land use and land surface 
characteristics. In some cases, a location carefully chosen to provide 
neighborhood scale data would represent not only the immediate 
neighborhood but also neighborhoods of the same type in other parts of 
the city. Neighborhood scale PM 10 sites provide information 
about trends and compliance with standards because they often represent 
conditions in areas where people commonly live and work for extended 
periods. Neighborhood scale data could provide valuable information for 
developing, testing, and revising models that describe the larger-scale 
concentration patterns, especially those models relying on spatially 
smoothed emission fields for inputs. The neighborhood scale measurements 
could also be used for neighborhood comparisons within or between 
cities.
    4.7  Fine Particulate Matter (PM 2.5) Design Criteria.
    4.7.1  General Requirements. (a) State, and where applicable local, 
agencies must operate the minimum number of required PM 2.5 
SLAMS sites listed in Table D-5 of this appendix. The NCore sites are 
expected to complement the PM 2.5 data collection that takes 
place at non-NCore SLAMS sites, and both types of sites can be used to 
meet the minimum PM 2.5 network requirements. Deviations from 
these PM 2.5 monitoring requirements must be approved by the 
EPA Regional Administrator.

[[Page 307]]



      Table D-5 of Appendix D to Part 58--PM 2.5 Minimum Monitoring
                              Requirements
------------------------------------------------------------------------
                                  Most recent 3-year  Most recent 3-year
                                   design value $85%   design value <85%
       MSA population 1 2            of any PM 2.5       of any PM 2.5
                                        NAAQS 3            NAAQS 3 4
------------------------------------------------------------------------
>1,000,000......................                  3                   2
500,000-1,000,000...............                  2                   1
50,000-<500,000 \5\.............                  1                  0
------------------------------------------------------------------------
\1\ Minimum monitoring requirements apply to the Metropolitan
  statistical area (MSA).
\2\ Population based on latest available census figures.
\3\ The PM 2.5 National Ambient Air Quality Standards (NAAQS) levels and
  forms are defined in 40 CFR part 50.
\4\ These minimum monitoring requirements apply in the absence of a
  design value.
\5\ Metropolitan statistical areas (MSA) must contain an urbanized area
  of 50,000 or more population.

    (b) Specific Design Criteria for PM 2.5. The required 
monitoring stations or sites must be sited to represent area-wide air 
quality. These sites can include sites collocated at PAMS. These 
monitoring stations will typically be at neighborhood or urban-scale; 
however, micro-or middle-scale PM 2.5 monitoring sites that 
represent many such locations throughout a metropolitan area are 
considered to represent area-wide air quality.
    (1) At least one monitoring station is to be sited at neighborhood 
or larger scale in an area of expected maximum concentration.
    (2) For CBSAs with a population of 1,000,000 or more persons, at 
least one PM 2.5 monitor is to be collocated at a near-road 
NO2 station required in section 4.3.2(a) of this appendix.
    (3) For areas with additional required SLAMS, a monitoring station 
is to be sited in an area of poor air quality.
    (4) Additional technical guidance for siting PM 2.5 
monitors is provided in references 6 and 7 of this appendix.
    (c) The most important spatial scale to effectively characterize the 
emissions of particulate matter from both mobile and stationary sources 
is the neighborhood scale for PM 2.5. For purposes of 
establishing monitoring sites to represent large homogenous areas other 
than the above scales of representativeness and to characterize regional 
transport, urban or regional scale sites would also be needed. Most PM 
2.5 monitoring in urban areas should be representative of a 
neighborhood scale.
    (1) Micro-scale. This scale would typify areas such as downtown 
street canyons and traffic corridors where the general public would be 
exposed to maximum concentrations from mobile sources. In some 
circumstances, the micro-scale is appropriate for particulate sites. 
SLAMS sites measured at the micro-scale level should, however, be 
limited to urban sites that are representative of long-term human 
exposure and of many such microenvironments in the area. In general, 
micro-scale particulate matter sites should be located near inhabited 
buildings or locations where the general public can be expected to be 
exposed to the concentration measured. Emissions from stationary sources 
such as primary and secondary smelters, power plants, and other large 
industrial processes may, under certain plume conditions, likewise 
result in high ground level concentrations at the micro-scale. In the 
latter case, the micro-scale would represent an area impacted by the 
plume with dimensions extending up to approximately 100 meters. Data 
collected at micro-scale sites provide information for evaluating and 
developing hot spot control measures.
    (2) Middle scale--People moving through downtown areas, or living 
near major roadways, encounter particle concentrations that would be 
adequately characterized by this spatial scale. Thus, measurements of 
this type would be appropriate for the evaluation of possible short-term 
exposure public health effects of particulate matter pollution. In many 
situations, monitoring sites that are representative of microscale or 
middle-scale impacts are not unique and are representative of many 
similar situations. This can occur along traffic corridors or other 
locations in a residential district. In this case, one location is 
representative of a number of small scale sites and is appropriate for 
evaluation of long-term or chronic effects. This scale also includes the 
characteristic concentrations for other areas with dimensions of a few 
hundred meters such as the parking lot and feeder streets associated 
with shopping centers, stadia, and office buildings.
    (3) Neighborhood scale--Measurements in this category would 
represent conditions throughout some reasonably homogeneous urban sub-
region with dimensions of a few kilometers and of generally more regular 
shape than the middle scale. Homogeneity refers to the particulate 
matter concentrations, as well as the land use and land surface 
characteristics. Much of the PM 2.5 exposures are expected to 
be associated with this scale of measurement. In some cases, a location 
carefully chosen to provide neighborhood scale data would represent the 
immediate neighborhood as well as neighborhoods of the same type in 
other parts of the city. PM 2.5 sites of this kind provide 
good information about trends and compliance with standards because they 
often represent conditions in areas where people commonly live and work 
for periods comparable to those specified in the NAAQS. In general, most 
PM 2.5 monitoring in urban areas should have this scale.
    (4) Urban scale--This class of measurement would be used to 
characterize the particulate matter concentration over an entire 
metropolitan or rural area ranging in size from 4 to 50 kilometers. Such 
measurements would be useful for assessing trends in area-wide air 
quality, and hence, the effectiveness of

[[Page 308]]

large scale air pollution control strategies. Community-oriented PM 
2.5 sites may have this scale.
    (5) Regional scale--These measurements would characterize conditions 
over areas with dimensions of as much as hundreds of kilometers. As 
noted earlier, using representative conditions for an area implies some 
degree of homogeneity in that area. For this reason, regional scale 
measurements would be most applicable to sparsely populated areas. Data 
characteristics of this scale would provide information about larger 
scale processes of particulate matter emissions, losses and transport. 
PM 2.5 transport contributes to elevated particulate 
concentrations and may affect multiple urban and State entities with 
large populations such as in the eastern United States. Development of 
effective pollution control strategies requires an understanding at 
regional geographical scales of the emission sources and atmospheric 
processes that are responsible for elevated PM 2.5 levels and 
may also be associated with elevated O3 and regional haze.
    4.7.2  Requirement for Continuous PM 2.5 Monitoring. The 
State, or where appropriate, local agencies must operate continuous PM 
2.5 analyzers equal to at least one-half (round up) the 
minimum required sites listed in Table D-5 of this appendix. At least 
one required continuous analyzer in each MSA must be collocated with one 
of the required FRM/FEM/ARM monitors, unless at least one of the 
required FRM/FEM/ARM monitors is itself a continuous FEM or ARM monitor 
in which case no collocation requirement applies. State and local air 
monitoring agencies must use methodologies and quality assurance/quality 
control (QA/QC) procedures approved by the EPA Regional Administrator 
for these required continuous analyzers.
    4.7.3  Requirement for PM 2.5 Background and Transport 
Sites. Each State shall install and operate at least one PM 
2.5 site to monitor for regional background and at least one 
PM 2.5 site to monitor regional transport. These monitoring 
sites may be at community-oriented sites and this requirement may be 
satisfied by a corresponding monitor in an area having similar air 
quality in another State. State and local air monitoring agencies must 
use methodologies and QA/QC procedures approved by the EPA Regional 
Administrator for these sites. Methods used at these sites may include 
non-federal reference method samplers such as IMPROVE or continuous PM 
2.5 monitors.
    4.7.4  PM 2.5 Chemical Speciation Site Requirements. Each 
State shall continue to conduct chemical speciation monitoring and 
analyses at sites designated to be part of the PM 2.5 
Speciation Trends Network (STN). The selection and modification of these 
STN sites must be approved by the Administrator. The PM 2.5 
chemical speciation urban trends sites shall include analysis for 
elements, selected anions and cations, and carbon. Samples must be 
collected using the monitoring methods and the sampling schedules 
approved by the Administrator. Chemical speciation is encouraged at 
additional sites where the chemically resolved data would be useful in 
developing State implementation plans and supporting atmospheric or 
health effects related studies.
    4.8  Coarse Particulate Matter (PM 10-2.5) Design 
Criteria.
    4.8.1  General Monitoring Requirements. (a) The only required 
monitors for PM 10-2.5 are those required at NCore Stations.
    (b) Although microscale monitoring may be appropriate in some 
circumstances, middle and neighborhood scale measurements are the most 
important station classifications for PM 10-2.5 to assess the 
variation in coarse particle concentrations that would be expected 
across populated areas that are in proximity to large emissions sources.
    (1) Microscale--This scale would typify relatively small areas 
immediately adjacent to: Industrial sources; locations experiencing 
ongoing construction, redevelopment, and soil disturbance; and heavily 
traveled roadways. Data collected at microscale stations would 
characterize exposure over areas of limited spatial extent and 
population exposure, and may provide information useful for evaluating 
and developing source-oriented control measures.
    (2) Middle scale--People living or working near major roadways or 
industrial districts encounter particle concentrations that would be 
adequately characterized by this spatial scale. Thus, measurements of 
this type would be appropriate for the evaluation of public health 
effects of coarse particle exposure. Monitors located in populated areas 
that are nearly adjacent to large industrial point sources of coarse 
particles provide suitable locations for assessing maximum population 
exposure levels and identifying areas of potentially poor air quality. 
Similarly, monitors located in populated areas that border dense 
networks of heavily-traveled traffic are appropriate for assessing the 
impacts of resuspended road dust. This scale also includes the 
characteristic concentrations for other areas with dimensions of a few 
hundred meters such as school grounds and parks that are nearly adjacent 
to major roadways and industrial point sources, locations exhibiting 
mixed residential and commercial development, and downtown areas 
featuring office buildings, shopping centers, and stadiums.
    (3) Neighborhood scale--Measurements in this category would 
represent conditions throughout some reasonably homogeneous urban sub-
region with dimensions of a few kilometers and of generally more regular 
shape than the middle scale. Homogeneity

[[Page 309]]

refers to the particulate matter concentrations, as well as the land use 
and land surface characteristics. This category includes suburban 
neighborhoods dominated by residences that are somewhat distant from 
major roadways and industrial districts but still impacted by urban 
sources, and areas of diverse land use where residences are interspersed 
with commercial and industrial neighborhoods. In some cases, a location 
carefully chosen to provide neighborhood scale data would represent the 
immediate neighborhood as well as neighborhoods of the same type in 
other parts of the city. The comparison of data from middle scale and 
neighborhood scale sites would provide valuable information for 
determining the variation of PM 10-2.5 levels across urban 
areas and assessing the spatial extent of elevated concentrations caused 
by major industrial point sources and heavily traveled roadways. 
Neighborhood scale sites would provide concentration data that are 
relevant to informing a large segment of the population of their 
exposure levels on a given day.
    4.8.2 [Reserved]

   5. Network Design for Photochemical Assessment Monitoring Stations 
                  (PAMS) and Enhanced Ozone Monitoring

    (a) State and local monitoring agencies are required to collect and 
report PAMS measurements at each NCore site required under paragraph 
3(a) of this appendix located in a CBSA with a population of 1,000,000 
or more, based on the latest available census figures.
    (b) PAMS measurements include:
    (1) Hourly averaged speciated volatile organic compounds (VOCs);
    (2) Three 8-hour averaged carbonyl samples per day on a 1 in 3 day 
schedule, or hourly averaged formaldehyde;
    (3) Hourly averaged O3;
    (4) Hourly averaged nitrogen oxide (NO), true nitrogen dioxide 
(NO2), and total reactive nitrogen (NOy);
    (5) Hourly averaged ambient temperature;
    (6) Hourly vector-averaged wind direction;
    (7) Hourly vector-averaged wind speed;
    (8) Hourly average atmospheric pressure;
    (9) Hourly averaged relative humidity;
    (10) Hourly precipitation;
    (11) Hourly averaged mixing-height;
    (12) Hourly averaged solar radiation; and
    (13) Hourly averaged ultraviolet radiation.
    (c) The EPA Regional Administrator may grant a waiver to allow the 
collection of required PAMS measurements at an alternative location 
where the monitoring agency can demonstrate that the alternative 
location will provide representative data useful for regional or 
national scale modeling and the tracking of trends in O3 
precursors. The alternative location can be outside of the CBSA or 
outside of the monitoring agencies jurisdiction. In cases where the 
alternative location crosses jurisdictions the waiver will be contingent 
on the monitoring agency responsible for the alternative location 
including the required PAMS measurements in their annual monitoring plan 
required under Sec. 58.10 and continued successful collection of PAMS 
measurements at the alternative location. This waiver can be revoked in 
cases where the Regional Administrator determines the PAMS measurements 
are not being collected at the alternate location in compliance with 
paragraph (b) of this section.
    (d) The EPA Regional Administrator may grant a waiver to allow 
speciated VOC measurements to be made as three 8-hour averages on every 
third day during the PAMS season as an alternative to 1-hour average 
speciated VOC measurements in cases where the primary VOC compounds are 
not well measured using continuous technology due to low detectability 
of the primary VOC compounds or for logistical and other programmatic 
constraints.
    (e) The EPA Regional Administrator may grant a waiver to allow 
representative meteorological data from nearby monitoring stations to be 
used to meet the meteorological requirements in paragraph 5(b) where the 
monitoring agency can demonstrate the data is collected in a manner 
consistent with EPA quality assurance requirements for these 
measurements.
    (f) The EPA Regional Administrator may grant a waiver from the 
requirement to collect PAMS measurements in locations where CBSA-wide 
O3 design values are equal to or less than 85% of the 8-hour 
O3 NAAQS and where the location is not considered by the 
Regional Administrator to be an important upwind or downwind location 
for other O3 nonattainment areas.
    (g) At a minimum, the monitoring agency shall collect the required 
PAMS measurements during the months of June, July, and August.
    (h) States with Moderate and above 8-hour O3 
nonattainment areas and states in the Ozone Transport Region as defined 
in 40 CFR 51.900 shall develop and implement an Enhanced Monitoring Plan 
(EMP) detailing enhanced O3 and O3 precursor 
monitoring activities to be performed. The EMP shall be submitted to the 
EPA Regional Administrator no later than October 1, 2019 or two years 
following the effective date of a designation to a classification of 
Moderate or above O3 nonattainment, whichever is later. At a 
minimum, the EMP shall be reassessed and approved as part of the 5-year 
network assessments required under 40 CFR 58.10(d). The EMP will include 
monitoring activities deemed important to understanding the 
O3 problems in the state. Such activities may include, but 
are not limited to, the following:

[[Page 310]]

    (1) Additional O3 monitors beyond the minimally required 
under paragraph 4.1 of this appendix,
    (2) Additional NOX or NOy monitors beyond 
those required under 4.3 of this appendix,
    (3) Additional speciated VOC measurements including data gathered 
during different periods other than required under paragraph 5(g) of 
this appendix, or locations other than those required under paragraph 
5(a) of this appendix, and
    (4) Enhanced upper air measurements of meteorology or pollution 
concentrations.

                              6. References

    1. Ball, R.J. and G.E. Anderson. Optimum Site Exposure Criteria for 
SO2 Monitoring. The Center for the Environment and Man, Inc., 
Hartford, CT. Prepared for U.S. Environmental Protection Agency, 
Research Triangle Park, NC. EPA Publication No. EPA-450/3-77-013. April 
1977.
    2. Ludwig, F.F., J.H.S. Kealoha, and E. Shelar. Selecting Sites for 
Carbon Monoxide Monitoring. Stanford Research Institute, Menlo Park, CA. 
Prepared for U.S. Environmental Protection Agency, Research Triangle 
Park, NC. EPA Publication No. EPA-450/3-75-077, September 1975.
    3. Air Quality Criteria for Lead. Office of Research and 
Development, U.S. Environmental Protection Agency, Washington D.C. EPA 
Publication No. 600/8-89-049F. August 1990. (NTIS document numbers PB87-
142378 and PB91-138420.)
    4. Optimum Site Exposure Criteria for Lead Monitoring. PEDCo 
Environmental, Inc. Cincinnati, OH. Prepared for U.S. Environmental 
Protection Agency, Research Triangle Park, NC. EPA Contract No. 68-02-
3013. May 1981.
    5. Guidance for Conducting Ambient Air Monitoring for Lead Around 
Point Sources. Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, NC. EPA-454/R-
92-009. May 1997.
    6. Koch, R.C. and H.E. Rector. Optimum Network Design and Site 
Exposure Criteria for Particulate Matter. GEOMET Technologies, Inc., 
Rockville, MD. Prepared for U.S. Environmental Protection Agency, 
Research Triangle Park, NC. EPA Contract No. 68-02-3584. EPA 450/4-87-
009. May 1987.
    7. Watson et al. Guidance for Network Design and Optimum Site 
Exposure for PM 2.5 and PM 10. Prepared for U.S. 
Environmental Protection Agency, Research Triangle Park, NC. EPA-454/R-
99-022, December 1997.
    8. Guideline for Selecting and Modifying the Ozone Monitoring Season 
Based on an 8-Hour Ozone Standard. Prepared for U.S. Environmental 
Protection Agency, RTP, NC. EPA-454/R-98-001, June 1998.
    9. Photochemical Assessment Monitoring Stations Implementation 
Manual. Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, NC. EPA-454/B-93-051. March 
1994.

[71 FR 61316, Oct. 17, 2006, as amended at 72 FR 32211, June 12, 2007; 
73 FR 67062, Nov. 12, 2008; 75 FR 6534, Feb. 9, 2010; 75 FR 35602, June 
22, 2010; 75 FR 81137, Dec. 27, 2010; 76 FR 54342, Aug. 31, 2011; 78 FR 
3284, Jan. 15, 2013; 80 FR 65466, Oct. 26, 2015; 81 FR 17298, Mar. 28, 
2016; 81 FR 96388, Dec. 30, 2016]



 Sec. Appendix E to Part 58--Probe and Monitoring Path Siting Criteria 
                   for Ambient Air Quality Monitoring

1. Introduction.
2. Horizontal and Vertical Placement.
3. Spacing from Minor Sources.
4. Spacing From Obstructions.
5. Spacing From Trees.
6. Spacing From Roadways.
7. Cumulative Interferences on a Monitoring Path.
8. Maximum Monitoring Path Length.
9. Probe Material and Pollutant Sample Residence Time.
10. Waiver Provisions.
11. Summary.
12. References.

                             1. Introduction

    (a) This appendix contains specific location criteria applicable to 
SLAMS, NCore, and PAMS ambient air quality monitoring probes, inlets, 
and optical paths after the general location has been selected based on 
the monitoring objectives and spatial scale of representation discussed 
in appendix D to this part. Adherence to these siting criteria is 
necessary to ensure the uniform collection of compatible and comparable 
air quality data.
    (b) The probe and monitoring path siting criteria discussed in this 
appendix must be followed to the maximum extent possible. It is 
recognized that there may be situations where some deviation from the 
siting criteria may be necessary. In any such case, the reasons must be 
thoroughly documented in a written request for a waiver that describes 
how and why the proposed siting deviates from the criteria. This 
documentation should help to avoid later questions about the validity of 
the resulting monitoring data. Conditions under which the EPA would 
consider an application for waiver from these siting criteria are 
discussed in section 10 of this appendix.
    (c) The pollutant-specific probe and monitoring path siting criteria 
generally apply to all spatial scales except where noted otherwise. 
Specific siting criteria that are phrased with a ``must'' are defined as 
requirements and exceptions must be approved through

[[Page 311]]

the waiver provisions. However, siting criteria that are phrased with a 
``should'' are defined as goals to meet for consistency but are not 
requirements.

                  2. Horizontal and Vertical Placement

    The probe or at least 80 percent of the monitoring path must be 
located between 2 and 15 meters above ground level for all O3 
and SO2 monitoring sites, and for neighborhood or larger 
spatial scale Pb, PM 10, PM 10-2.5, PM 
2.5, NO2, and CO sites. Middle scale PM 
10-2.5 sites are required to have sampler inlets between 2 
and 7 meters above ground level. Microscale Pb, PM 10, PM 
10-2.5, and PM 2.5 sites are required to have 
sampler inlets between 2 and 7 meters above ground level. Microscale 
near-road NO2 monitoring sites are required to have sampler 
inlets between 2 and 7 meters above ground level. The inlet probes for 
microscale carbon monoxide monitors that are being used to measure 
concentrations near roadways must be between 2 and 7 meters above ground 
level. Those inlet probes for microscale carbon monoxide monitors 
measuring concentrations near roadways in downtown areas or urban street 
canyons must be between 2.5 and 3.5 meters above ground level. The probe 
or at least 90 percent of the monitoring path must be at least 1 meter 
vertically or horizontally away from any supporting structure, walls, 
parapets, penthouses, etc., and away from dusty or dirty areas. If the 
probe or a significant portion of the monitoring path is located near 
the side of a building or wall, then it should be located on the 
windward side of the building relative to the prevailing wind direction 
during the season of highest concentration potential for the pollutant 
being measured.

                      3. Spacing From Minor Sources

    (a) It is important to understand the monitoring objective for a 
particular location in order to interpret this particular requirement. 
Local minor sources of a primary pollutant, such as SO2, 
lead, or particles, can cause high concentrations of that particular 
pollutant at a monitoring site. If the objective for that monitoring 
site is to investigate these local primary pollutant emissions, then the 
site is likely to be properly located nearby. This type of monitoring 
site would in all likelihood be a microscale type of monitoring site. If 
a monitoring site is to be used to determine air quality over a much 
larger area, such as a neighborhood or city, a monitoring agency should 
avoid placing a monitor probe, path, or inlet near local, minor sources. 
The plume from the local minor sources should not be allowed to 
inappropriately impact the air quality data collected at a site. 
Particulate matter sites should not be located in an unpaved area unless 
there is vegetative ground cover year round, so that the impact of wind 
blown dusts will be kept to a minimum.
    (b) Similarly, local sources of nitric oxide (NO) and ozone-reactive 
hydrocarbons can have a scavenging effect causing unrepresentatively low 
concentrations of O3 in the vicinity of probes and monitoring 
paths for O3. To minimize these potential interferences, the 
probe or at least 90 percent of the monitoring path must be away from 
furnace or incineration flues or other minor sources of SO2 
or NO. The separation distance should take into account the heights of 
the flues, type of waste or fuel burned, and the sulfur content of the 
fuel.

                      4. Spacing From Obstructions

    (a) Buildings and other obstacles may possibly scavenge 
SO2, O3, or NO2, and can act to 
restrict airflow for any pollutant. To avoid this interference, the 
probe, inlet, or at least 90 percent of the monitoring path must have 
unrestricted airflow and be located away from obstacles. The distance 
from the obstacle to the probe, inlet, or monitoring path must be at 
least twice the height that the obstacle protrudes above the probe, 
inlet, or monitoring path. An exception to this requirement can be made 
for measurements taken in street canyons or at source-oriented sites 
where buildings and other structures are unavoidable.
    (b) Generally, a probe or monitoring path located near or along a 
vertical wall is undesirable because air moving along the wall may be 
subject to possible removal mechanisms. A probe, inlet, or monitoring 
path must have unrestricted airflow in an arc of at least 180 degrees. 
This arc must include the predominant wind direction for the season of 
greatest pollutant concentration potential. For particle sampling, a 
minimum of 2 meters of separation from walls, parapets, and structures 
is required for rooftop site placement.
    (c) Special consideration must be given to the use of open path 
analyzers due to their inherent potential sensitivity to certain types 
of interferences, or optical obstructions. A monitoring path must be 
clear of all trees, brush, buildings, plumes, dust, or other optical 
obstructions, including potential obstructions that may move due to 
wind, human activity, growth of vegetation, etc. Temporary optical 
obstructions, such as rain, particles, fog, or snow, should be 
considered when siting an open path analyzer. Any of these temporary 
obstructions that are of sufficient density to obscure the light beam 
will affect the ability of the open path analyzer to continuously 
measure pollutant concentrations. Transient, but significant obscuration 
of especially longer measurement paths could occur as a result of 
certain meteorological conditions (e.g., heavy fog, rain, snow) and/or 
aerosol levels that are of a sufficient density to prevent the open path

[[Page 312]]

analyzer's light transmission. If certain compensating measures are not 
otherwise implemented at the onset of monitoring (e.g., shorter path 
lengths, higher light source intensity), data recovery during periods of 
greatest primary pollutant potential could be compromised. For instance, 
if heavy fog or high particulate levels are coincident with periods of 
projected NAAQS-threatening pollutant potential, the representativeness 
of the resulting data record in reflecting maximum pollutant 
concentrations may be substantially impaired despite the fact that the 
site may otherwise exhibit an acceptable, even exceedingly high overall 
valid data capture rate.
    (d) For near-road NO2 monitoring stations, the monitor 
probe shall have an unobstructed air flow, where no obstacles exist at 
or above the height of the monitor probe, between the monitor probe and 
the outside nearest edge of the traffic lanes of the target road 
segment.

                          5. Spacing From Trees

    (a) Trees can provide surfaces for SO2, O3, or 
NO2 adsorption or reactions, and surfaces for particle 
deposition. Trees can also act as obstructions in cases where they are 
located between the air pollutant sources or source areas and the 
monitoring site, and where the trees are of a sufficient height and leaf 
canopy density to interfere with the normal airflow around the probe, 
inlet, or monitoring path. To reduce this possible interference/
obstruction, the probe, inlet, or at least 90 percent of the monitoring 
path must be at least 10 meters or further from the drip line of trees.
    (b) The scavenging effect of trees is greater for O3 than 
for other criteria pollutants. Monitoring agencies must take steps to 
consider the impact of trees on ozone monitoring sites and take steps to 
avoid this problem.
    (c) For microscale sites of any air pollutant, no trees or shrubs 
should be located between the probe and the source under investigation, 
such as a roadway or a stationary source.

                        6. Spacing From Roadways

 Table E-1 of Appendix E to Part 58--Minimum Separation Distance Between
 Roadways and Probes or Monitoring Paths for Monitoring Neighborhood and
    Urban Scale Ozone (O3) and Oxides of Nitrogen (NO, NO2, NOX, NOy)
------------------------------------------------------------------------
                                                 Minimum       Minimum
 Roadway average daily traffic, vehicles per  distance \1\  distance 1 2
                     day                        (meters)      (meters)
------------------------------------------------------------------------
1,000.......................................            10            10
10,000......................................            10            20
15,000......................................            20            30
20,000......................................            30            40
40,000......................................            50            60
70,000......................................           100           100
$110,000....................................           250           250
------------------------------------------------------------------------
\1\ Distance from the edge of the nearest traffic lane. The distance for
  intermediate traffic counts should be interpolated from the table
  values based on the actual traffic count.
\2\ Applicable for ozone monitors whose placement has not already been
  approved as of December 18, 2006.

    6.1 Spacing for Ozone Probes and Monitoring Paths
    In siting an O3 analyzer, it is important to minimize 
destructive interferences form sources of NO, since NO readily reacts 
with O3. Table E-1 of this appendix provides the required 
minimum separation distances between a roadway and a probe or, where 
applicable, at least 90 percent of a monitoring path for various ranges 
of daily roadway traffic. A sampling site having a point analyzer probe 
located closer to a roadway than allowed by the Table E-1 requirements 
should be classified as microscale or middle scale, rather than 
neighborhood or urban scale, since the measurements from such a site 
would more closely represent the middle scale. If an open path analyzer 
is used at a site, the monitoring path(s) must not cross over a roadway 
with an average daily traffic count of 10,000 vehicles per day or more. 
For those situations where a monitoring path crosses a roadway with 
fewer than 10,000 vehicles per day, monitoring agencies must consider 
the entire segment of the monitoring path in the area of potential 
atmospheric interference from automobile emissions. Therefore, this 
calculation must include the length of the monitoring path over the 
roadway plus any segments of the monitoring path that lie in the area 
between the roadway and minimum separation distance, as determined from 
the Table E-1 of this appendix. The sum of these distances must not be 
greater than 10 percent of the total monitoring path length.
    6.2  Spacing for Carbon Monoxide Probes and Monitoring Paths. (a) 
Near-road microscale CO monitoring sites, including those located in 
downtown areas, urban street canyons, and other near-road locations such 
as those adjacent to highly trafficked roads, are intended to provide a 
measurement of the influence of the immediate source on the pollution 
exposure on the adjacent area.

[[Page 313]]

    (b) Microscale CO monitor inlets probes in downtown areas or urban 
street canyon locations shall be located a minimum distance of 2 meters 
and a maximum distance of 10 meters from the edge of the nearest traffic 
lane.
    (c) Microscale CO monitor inlet probes in downtown areas or urban 
street canyon locations shall be located at least 10 meters from an 
intersection and preferably at a midblock location. Midblock locations 
are preferable to intersection locations because intersections represent 
a much smaller portion of downtown space than do the streets between 
them. Pedestrian exposure is probably also greater in street canyon/
corridors than at intersections.

 Table E-2 of Appendix E to Part 58--Minimum Separation Distance Between
   Roadways and Probes or Monitoring Paths for Monitoring Neighborhood
                          Scale Carbon Monoxide
------------------------------------------------------------------------
                                                              Minimum
     Roadway average daily traffic, vehicles per day       distance \1\
                                                             (meters)
------------------------------------------------------------------------
10,000..................................................              10
15,000..................................................              25
20,000..................................................              45
30,000..................................................              80
40,000..................................................             115
50,000..................................................             135
$60,000.................................................            150
------------------------------------------------------------------------
\1\ Distance from the edge of the nearest traffic lane. The distance for
  intermediate traffic counts should be interpolated from the table
  values based on the actual traffic count.

    6.3  Spacing for Particulate Matter (PM 2.5, PM 
10, Pb) Inlets. (a) Since emissions associated with the 
operation of motor vehicles contribute to urban area particulate matter 
ambient levels, spacing from roadway criteria are necessary for ensuring 
national consistency in PM sampler siting.
    (b) The intent is to locate localized hot-spot sites in areas of 
highest concentrations whether it be from mobile or multiple stationary 
sources. If the area is primarily affected by mobile sources and the 
maximum concentration area(s) is judged to be a traffic corridor or 
street canyon location, then the monitors should be located near 
roadways with the highest traffic volume and at separation distances 
most likely to produce the highest concentrations. For the microscale 
traffic corridor site, the location must be between 5 and 15 meters from 
the major roadway. For the microscale street canyon site the location 
must be between 2 and 10 meters from the roadway. For the middle scale 
site, a range of acceptable distances from the roadway is shown in 
figure E-1 of this appendix. This figure also includes separation 
distances between a roadway and neighborhood or larger scale sites by 
default. Any site, 2 to 15 meters high, and further back than the middle 
scale requirements will generally be neighborhood, urban or regional 
scale. For example, according to Figure E-1 of this appendix, if a PM 
sampler is primarily influenced by roadway emissions and that sampler is 
set back 10 meters from a 30,000 ADT (average daily traffic) road, the 
site should be classified as microscale, if the sampler height is 
between 2 and 7 meters. If the sampler height is between 7 and 15 
meters, the site should be classified as middle scale. If the sample is 
20 meters from the same road, it will be classified as middle scale; if 
40 meters, neighborhood scale; and if 110 meters, an urban scale.
    6.4  Spacing for Nitrogen Dioxide (NO2) Probes and 
Monitoring Paths.
    (a) In siting near-road NO2 monitors as required in 
paragraph 4.3.2 of appendix D of this part, the monitor probe shall be 
as near as practicable to the outside nearest edge of the traffic lanes 
of the target road segment; but shall not be located at a distance 
greater than 50 meters, in the horizontal, from the outside nearest edge 
of the traffic lanes of the target road segment.
    (b) In siting NO2 monitors for neighborhood and larger 
scale monitoring, it is important to minimize near-road influences. 
Table E-1 of this appendix provides the required minimum separation 
distances between a roadway and a probe or, where applicable, at least 
90 percent of a monitoring path for various ranges of daily roadway 
traffic. A sampling site having a point analyzer probe located closer to 
a roadway than allowed by the Table E-1 requirements should be 
classified as microscale or middle scale rather than neighborhood or 
urban scale. If an open path analyzer is used at a site, the monitoring 
path(s) must not cross over a roadway with an average daily traffic 
count of 10,000 vehicles per day or more. For those situations where a 
monitoring path crosses a roadway with fewer than 10,000 vehicles per 
day, monitoring agencies must consider the entire segment of the 
monitoring path in the area of potential atmospheric interference form 
automobile emissions. Therefore, this calculation must include the 
length of the monitoring path over the roadway plus any segments of the 
monitoring path that lie in the area between the roadway and minimum 
separation distance, as determined form the Table E-1 of this appendix. 
The sum of these distances must not be greater than 10 percent of the 
total monitoring path length.

[[Page 314]]

[GRAPHIC] [TIFF OMITTED] TR17OC06.061

            7. Cumulative Interferences on a Monitoring Path

    (This paragraph applies only to open path analyzers.) The cumulative 
length or portion of a monitoring path that is affected by minor 
sources, trees, or roadways must not exceed 10 percent of the total 
monitoring path length.

                    8. Maximum Monitoring Path Length

    (This paragraph applies only to open path analyzers.) The monitoring 
path length must not exceed 1 kilometer for analyzers in neighborhood, 
urban, or regional scale. For middle scale monitoring sites, the 
monitoring path length must not exceed 300 meters. In areas subject to 
frequent periods of dust, fog, rain, or snow, consideration should be 
given to a shortened monitoring path length to minimize loss of 
monitoring data due to these temporary optical obstructions. For certain 
ambient air monitoring scenarios using open path analyzers, shorter path 
lengths may be needed in order to ensure that the monitoring site meets 
the objectives and spatial scales defined in appendix D to this part. 
The Regional Administrator may require shorter path lengths, as needed 
on an individual basis, to ensure that the SLAMS sites meet the appendix 
D requirements. Likewise, the Administrator may specify the maximum path 
length used at NCore monitoring sites.

          9. Probe Material and Pollutant Sample Residence Time

    (a) For the reactive gases, SO2, NO2, and 
O3, special probe material must be used for point analyzers. 
Studies \20-24\ have been conducted to determine the suitability of 
materials such as polypropylene, polyethylene, polyvinyl chloride, Tygon 
, aluminum, brass, stainless steel, copper, Pyrex 
 glass and Teflon  for use as intake sampling 
lines. Of the above materials, only Pyrex  glass and Teflon 
 have been found to be acceptable for use as intake sampling 
lines for all the reactive gaseous pollutants. Furthermore, the EPA \25\ 
has specified borosilicate glass or FEP Teflon  as the only 
acceptable probe materials for delivering test atmospheres in the 
determination of reference or equivalent methods. Therefore, 
borosilicate glass, FEP Teflon  or their equivalent must be 
the only material in the sampling train (from inlet probe to the back of 
the analyzer) that can be in contact with the ambient air sample for 
existing and new SLAMs.
    (b) For volatile organic compound (VOC) monitoring at PAMS, FEP 
Teflon  is unacceptable as the probe material because of VOC 
adsorption and desorption reactions on the FEP Teflon . 
Borosilicate glass, stainless steel, or its equivalent are the 
acceptable probe materials for VOC and carbonyl sampling. Care must be 
taken to ensure that the sample residence time is kept to 20 seconds or 
less.

[[Page 315]]

    (c) No matter how nonreactive the sampling probe material is 
initially, after a period of use reactive particulate matter is 
deposited on the probe walls. Therefore, the time it takes the gas to 
transfer from the probe inlet to the sampling device is also critical. 
Ozone in the presence of nitrogen oxide (NO) will show significant 
losses even in the most inert probe material when the residence time 
exceeds 20 seconds. \26\ Other studies \27 28\ indicate that a 10 second 
or less residence time is easily achievable. Therefore, sampling probes 
for reactive gas monitors at NCore and at NO2 sites must have 
a sample residence time less than 20 seconds.

                          10. Waiver Provisions

    Most sampling probes or monitors can be located so that they meet 
the requirements of this appendix. New sites with rare exceptions, can 
be located within the limits of this appendix. However, some existing 
sites may not meet these requirements and still produce useful data for 
some purposes. The EPA will consider a written request from the State 
agency to waive one or more siting criteria for some monitoring sites 
providing that the State can adequately demonstrate the need (purpose) 
for monitoring or establishing a monitoring site at that location.
    10.1  For establishing a new site, a waiver may be granted only if 
both of the following criteria are met:
    10.1.1  The site can be demonstrated to be as representative of the 
monitoring area as it would be if the siting criteria were being met.
    10.1.2  The monitor or probe cannot reasonably be located so as to 
meet the siting criteria because of physical constraints (e.g., 
inability to locate the required type of site the necessary distance 
from roadways or obstructions).
    10.2  However, for an existing site, a waiver may be granted if 
either of the criteria in sections 10.1.1 and 10.1.2 of this appendix 
are met.
    10.3  Cost benefits, historical trends, and other factors may be 
used to add support to the criteria in sections 10.1.1 and 10.1.2 of 
this appendix, however, they in themselves, will not be acceptable 
reasons for granting a waiver. Written requests for waivers must be 
submitted to the Regional Administrator.

                               11. Summary

    Table E-4 of this appendix presents a summary of the general 
requirements for probe and monitoring path siting criteria with respect 
to distances and heights. It is apparent from Table E-4 that different 
elevation distances above the ground are shown for the various 
pollutants. The discussion in this appendix for each of the pollutants 
describes reasons for elevating the monitor, probe, or monitoring path. 
The differences in the specified range of heights are based on the 
vertical concentration gradients. For CO and near-road NO2 
monitors, the gradients in the vertical direction are very large for the 
microscale, so a small range of heights are used. The upper limit of 15 
meters is specified for the consistency between pollutants and to allow 
the use of a single manifold or monitoring path for monitoring more than 
one pollutant.

                                Table E-4 of Appendix E to Part 58--Summary of Probe and Monitoring Path Siting Criteria
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Horizontal and
                                                                                       vertical distance
                                         Scale (maximum       Height from ground to     from supporting      Distance from trees       Distance from
             Pollutant                   monitoring path     probe, inlet or 80% of    structures \2\ to      to probe, inlet or     roadways to probe,
                                         length, meters)       monitoring path \1\    probe, inlet or 90%     90% of monitoring     inlet or monitoring
                                                                    (meters)         of monitoring path\1\    path \1\ (meters)      path \1\ (meters)
                                                                                            (meters)
--------------------------------------------------------------------------------------------------------------------------------------------------------
SO2 \3 4 5 6\......................  Middle (300 m)          2-15..................  >1...................  >10..................  N/A.
                                      Neighborhood Urban,
                                      and Regional (1 km).
CO \4 5 7\.........................  Micro [downtown or      2.5-3.5; 2-7; 2-15....  >1...................  >10..................  2-10 for downtown
                                      street canyon sites],                                                                         areas or street
                                      micro [near-road                                                                              canyon microscale;
                                      sites], middle (300                                                                           50 for near-road
                                      m) and Neighborhood                                                                           microscale; see
                                      (1 km).                                                                                       Table E-2 of this
                                                                                                                                    appendix for middle
                                                                                                                                    and neighborhood
                                                                                                                                    scales.
O 3 \3 4 5\........................  Middle (300 m)          2-15..................  >1...................  >10..................  See Table E-1 of this
                                      Neighborhood, Urban,                                                                          appendix for all
                                      and Regional (1 km).                                                                          scales.

[[Page 316]]

 
NO2 \3 4 5\........................  Micro (Near-road [50-   2-7 (micro);..........  >1...................  >10..................  50 for near-road
                                      300 m]).                                                                                      micro-scale.
                                     Middle (300 m)........  2-15 (all other
                                                              scales).
                                     Neighborhood, Urban,    ......................  .....................  .....................  See Table E-1 of this
                                      and Regional (1 km).                                                                          appendix for all
                                                                                                                                    other scales.
Ozone precursors (for PAMS) \3 4 5\  Neighborhood and Urban  2-15..................  >1...................  >10..................  See Table E-4 of this
                                      (1 km).                                                                                       appendix for all
                                                                                                                                    scales.
PM, Pb \3 4 5 8\...................  Micro, Middle,          2-7 (micro); 2-7        >2 (all scales,        >10 (all scales).....  2-10 (micro); see
                                      Neighborhood, Urban     (middle PM 10	2.5); 2-  horizontal distance                           Figure E-1 of this
                                      and Regional.           7 for near-road; 2-15   only).                                        appendix for all
                                                              (all other scales).                                                   other scales. 50 for
                                                                                                                                    near-road.
--------------------------------------------------------------------------------------------------------------------------------------------------------
N/A--Not applicable.
\1\ Monitoring path for open path analyzers is applicable only to middle or neighborhood scale CO monitoring, middle, neighborhood, urban, and regional
  scale NO2 monitoring, and all applicable scales for monitoring SO2, O3, and O3 precursors.
\2\ When probe is located on a rooftop, this separation distance is in reference to walls, parapets, or penthouses located on roof.
\3\ Should be greater than 20 meters from the dripline of tree(s) and must be 10 meters from the dripline when the tree(s) act as an obstruction.
\4\ Distance from sampler, probe, or 90 percent of monitoring path to obstacle, such as a building, must be at least twice the height the obstacle
  protrudes above the sampler, probe, or monitoring path. Sites not meeting this criterion may be classified as middle scale (see text).
\5\ Must have unrestricted airflow 270 degrees around the probe or sampler; 180 degrees if the probe is on the side of a building or a wall.
\6\ The probe, sampler, or monitoring path should be away from minor sources, such as furnace or incineration flues. The separation distance is
  dependent on the height of the minor source's emission point (such as a flue), the type of fuel or waste burned, and the quality of the fuel (sulfur,
  ash, or lead content). This criterion is designed to avoid undue influences from minor sources.
\7\ For micro-scale CO monitoring sites, the probe must be >10 meters from a street intersection and preferably at a midblock location.
\8\ Collocated monitors must be within 4 meters of each other and at least 2 meters apart for flow rates greater than 200 liters/min or at least 1 meter
  apart for samplers having flow rates less than 200 liters/min to preclude airflow interference, unless a waiver is in place as approved by the
  Regional Administrator pursuant to section 3 of Appendix A.

                             12. References

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with Plastic and Metallic Materials in a Dynamic Flow System. Intern. 
Jour. Air and Water Poll., 4:70-78, 1961.
    25. Code of Federal Regulations. Title 40 part 53.22, July 1976.
    26. Butcher, S.S. and R.E. Ruff. Effect of Inlet Residence Time on 
Analysis of Atmospheric Nitrogen Oxides and Ozone, Anal. Chem., 43:1890, 
1971.
    27. Slowik, A.A. and E.B. Sansone. Diffusion Losses of Sulfur 
Dioxide in Sampling Manifolds. J. Air. Poll. Con. Assoc., 24:245, 1974.
    28. Yamada, V.M. and R.J. Charlson. Proper Sizing of the Sampling 
Inlet Line for a Continuous Air Monitoring Station. Environ. Sci. and 
Technol., 3:483, 1969.
    29. Koch, R.C. and H.E. Rector. Optimum Network Design and Site 
Exposure Criteria for Particulate Matter, GEOMET Technologies, Inc., 
Rockville, MD. Prepared for U.S. Environmental Protection Agency, 
Research Triangle Park, NC. EPA Contract No. 68-02-3584. EPA 450/4-87-
009. May 1987.
    30. Burton, R.M. and J.C. Suggs. Philadelphia Roadway Study. 
Environmental Monitoring Systems Laboratory, U.S. Environmental 
Protection Agency, Research Triangle Park, N.C. EPA-600/4-84-070 
September 1984.
    31. Technical Assistance Document For Sampling and Analysis of Ozone 
Precursors. Atmospheric Research and Exposure Assessment Laboratory, 
U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. 
EPA 600/8-91-215. October 1991.
    32. Quality Assurance Handbook for Air Pollution Measurement 
Systems: Volume IV. Meteorological Measurements. Atmospheric Research 
and Exposure Assessment Laboratory, U.S. Environmental Protection 
Agency, Research Triangle Park, NC 27711. EPA 600/4-90-0003. August 
1989.
    33. On-Site Meteorological Program Guidance for Regulatory Modeling 
Applications.

[[Page 318]]

Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, NC 27711. EPA 450/4-87-013. 
June 1987F.

[71 FR 61323, Oct. 17, 2006, as amended at 75 FR 6535, Feb. 9, 2010; 76 
FR 54342, Aug. 31, 2011; 78 FR 3285, Jan. 15, 2013]



                  Sec. Appendix F to Part 58 [Reserved]



 Sec. Appendix G to Part 58--Uniform Air Quality Index (AQI) and Daily 
                                Reporting

                          General Requirements

    1. What is the AQI?
    2. Why report the AQI?
    3. Must I report the AQI?
    4. What goes into my AQI report?
    5. Is my AQI report for my MSA only?
    6. How do I get my AQI report to the public?
    7. How often must I report the AQI?
    8. May I make exceptions to these reporting requirements?

                               Calculation

    9. How Does the AQI Relate to Air Pollution Levels?
    10. What Monitors Should I Use To Get the Pollutant Concentrations 
for Calculating the AQI?
    11. Do I have to forecast the AQI?
    12. How Do I Calculate the AQI?

                   Background and Reference Materials

    13. What Additional Information Should I Know?

                          General Requirements

                           1. What Is the AQI?

    The AQI is a tool that simplifies reporting air quality to the 
general public. The AQI incorporates into a single index concentrations 
of 5 criteria pollutants: ozone (O3), particulate matter 
(PM), carbon monoxide (CO), sulfur dioxide (SO2), and 
nitrogen dioxide (NO2). The scale of the index is divided 
into general categories that are associated with health messages.

                         2. Why Report the AQI?

    The AQI offers various advantages:
    a. It is simple to create and understand.
    b. It conveys the health implications of air quality.
    c. It promotes uniform use throughout the country.

                        3. Must I Report the AQI?

    You must report the AQI daily if yours is a metropolitan statistical 
area (MSA) with a population over 350,000.

                    4. What Goes Into My AQI Report?

    i. Your AQI report must contain the following:
    a. The reporting area(s) (the MSA or subdivision of the MSA).
    b. The reporting period (the day for which the AQI is reported).
    c. The critical pollutant (the pollutant with the highest index 
value).
    d. The AQI (the highest index value).
    e. The category descriptor and index value associated with the AQI 
and, if you choose to report in a color format, the associated color. 
Use only the following descriptors and colors for the six AQI 
categories:

                         Table 1--AQI Categories
------------------------------------------------------------------------
                                                          And this color
           For this AQI             Use this descriptor        \1\
------------------------------------------------------------------------
0 to 50..........................  ``Good''............  Green.
------------------------------------------------------------------------
51 to 100........................  ``Moderate''........  Yellow.
------------------------------------------------------------------------
101 to 150.......................  ``Unhealthy for       Orange.
                                    Sensitive Groups''.
------------------------------------------------------------------------
151 to 200.......................  ``Unhealthy''.......  Red.
------------------------------------------------------------------------
201 to 300.......................  ``Very Unhealthy''..  Purple.
------------------------------------------------------------------------
301 and above....................  ``Hazardous''.......  Maroon. \1\
------------------------------------------------------------------------
\1\ Specific colors can be found in the most recent reporting guidance
  (Guideline for Public Reporting of Daily Air Quality--Air Quality
  Index (AQI)).

    f. The pollutant specific sensitive groups for any reported index 
value greater than 100. Use the following sensitive groups for each 
pollutant:

------------------------------------------------------------------------
 When this pollutant has an index value    Report these sensitive groups
             above 100 * * *                           * * *
------------------------------------------------------------------------
Ozone...................................  Children and people with
                                           asthma are the groups most at
                                           risk.
------------------------------------------------------------------------
PM 2.5..................................  People with respiratory or
                                           heart disease, the elderly
                                           and children are the groups
                                           most at risk.
------------------------------------------------------------------------
PM 10...................................  People with respiratory
                                           disease are the group most at
                                           risk.
------------------------------------------------------------------------
CO......................................  People with heart disease are
                                           the group most at risk.
------------------------------------------------------------------------
SO2.....................................  People with asthma are the
                                           group most at risk.
------------------------------------------------------------------------
NO2.....................................  Children and people with
                                           respiratory disease are the
                                           groups most at risk.
------------------------------------------------------------------------

    ii. When appropriate, your AQI report may also contain the 
following:
    a. Appropriate health and cautionary statements.

[[Page 319]]

    b. The name and index value for other pollutants, particularly those 
with an index value greater than 100.
    c. The index values for sub-areas of your MSA.
    d. Causes for unusual AQI values.
    e. Actual pollutant concentrations.

                  5. Is My AQI Report for My MSA Only?

    Generally, your AQI report applies to your MSA only. However, if a 
significant air quality problem exists (AQI greater than 100) in areas 
significantly impacted by your MSA but not in it (for example, 
O3 concentrations are often highest downwind and outside an 
urban area), you should identify these areas and report the AQI for 
these areas as well.

              6. How Do I Get My AQI Report to the Public?

    You must furnish the daily report to the appropriate news media 
(radio, television, and newspapers). You must make the daily report 
publicly available at one or more places of public access, or by any 
other means, including a recorded phone message, a public Internet site, 
or facsimile transmission. When the AQI value is greater than 100, it is 
particularly critical that the reporting to the various news media be as 
extensive as possible. At a minimum, it should include notification to 
the media with the largest market coverages for the area in question.

                   7. How Often Must I Report the AQI?

    You must report the AQI at least 5 days per week. Exceptions to this 
requirement are in section 8 of this appendix.

        8. May I Make Exceptions to These Reporting Requirements?

    i. If the index value for a particular pollutant remains below 50 
for a season or year, then you may exclude the pollutant from your 
calculation of the AQI in section 12.
    ii. If all index values remain below 50 for a year, then you may 
report the AQI at your discretion. In subsequent years, if pollutant 
levels rise to where the AQI would be above 50, then the AQI must be 
reported as required in sections 3, 4, 6, and 7 of this appendix.

                               Calculation

           9. How does the AQI relate to air pollution levels?

    For each pollutant, the AQI transforms ambient concentrations to a 
scale from 0 to 500. The AQI is keyed as appropriate to the national 
ambient air quality standards (NAAQS) for each pollutant. In most cases, 
the index value of 100 is associated with the numerical level of the 
short-term standard (i.e., averaging time of 24-hours or less) for each 
pollutant. The index value of 50 is associated with the numerical level 
of the annual standard for a pollutant, if there is one, at one-half the 
level of the short-term standard for the pollutant, or at the level at 
which it is appropriate to begin to provide guidance on cautionary 
language. Higher categories of the index are based on increasingly 
serious health effects and increasing proportions of the population that 
are likely to be affected. The index is related to other air pollution 
concentrations through linear interpolation based on these levels. The 
AQI is equal to the highest of the numbers corresponding to each 
pollutant. For the purposes of reporting the AQI, the sub-indexes for PM 
10 and PM 2.5 are to be considered separately. The 
pollutant responsible for the highest index value (the reported AQI) is 
called the ``critical'' pollutant.

 10. What monitors should I use to get the pollutant concentrations for 
                          calculating the AQI?

    You must use concentration data from State/Local Air Monitoring 
Station (SLAMS) or parts of the SLAMS required by 40 CFR 58.10 for each 
pollutant except PM. For PM, calculate and report the AQI on days for 
which you have measured air quality data (e.g., from continuous PM 
2.5 monitors required in Appendix D to this part). You may 
use PM measurements from monitors that are not reference or equivalent 
methods (for example, continuous PM 10 or PM 2.5 
monitors). Detailed guidance for relating non-approved measurements to 
approved methods by statistical linear regression is referenced in 
section 13 below.

                   11. Do I Have to Forecast the AQI?

    You should forecast the AQI to provide timely air quality 
information to the public, but this is not required. If you choose to 
forecast the AQI, then you may consider both long-term and short-term 
forecasts. You can forecast the AQI at least 24-hours in advance using 
the most accurate and reasonable procedures considering meteorology, 
topography, availability of data, and forecasting expertise. The 
document ``Guideline for Developing an Ozone Forecasting Program'' (the 
Forecasting Guidance) will help you start a forecasting program. You can 
also issue short-term forecasts by predicting 8-hour ozone values from 
1-hour ozone values using methods suggested in the Reporting Guidance, 
``Guideline for Public Reporting of Daily Air Quality.''

                     12. How do I calculate the AQI?

    i. The AQI is the highest value calculated for each pollutant as 
follows:
    a. Identify the highest concentration among all of the monitors 
within each reporting area and truncate as follows:

(1) Ozone--truncate to 3 decimal places
PM 2.5--truncate to 1 decimal place
PM 10--truncate to integer

[[Page 320]]

CO--truncate to 1 decimal place
SO2--truncate to integer
NO2--truncate to integer

    (2) [Reserved]
    b. Using Table 2, find the two breakpoints that contain the 
concentration.
    c. Using Equation 1, calculate the index.
    d. Round the index to the nearest integer.

                                        TABLE 2--BREAKPOINTS FOR THE AQI
----------------------------------------------------------------------------------------------------------------
                                  These breakpoints                                        Equal these AQI's
----------------------------------------------------------------------------------------------------------------
                                         PM10 (mg/
O3 (ppm) 8-  O3 (ppm) 1-    PM2.5 (mg/   m\3\) 24-   CO (ppm)   SO2 (ppb)   NO2 (ppb)     AQI        Category
    hour       hour\1\    m\3\) 24-hour     hour      8-hour     1-hour      1-hour
----------------------------------------------------------------------------------------------------------------
0.000-0.054  --           0.0--12.0      0-54       0.0-4.4    0-35        0-53        0-50      Good.
0.055-0.070  --           12.1--35.4     55-154     4.5-9.4    36-75       54-100      51-100    Moderate.
0.071-0.085  0.125-0.164  35.5--55.4     155-254    9.5-12.4   76-185      101-360     101-150   Unhealthy for
                                                                                                  Sensitive
                                                                                                  Groups.
0.086-0.105  0.165-0.204  \3\ 55.5--150  255-354    12.5-15.4  \4\ 186-30  361-649     151-200   Unhealthy.
                           .4                                   4
0.106-0.200  0.205-0.404  \3\ 150.5--25  355-424    15.5-30.4  \4\ 305-60  650-1249    201-300   Very Unhealthy.
                           0.4                                  4
0.201-(\2\)  0.405-0.504  \3\ 250.5--35  425-504    30.5-40.4  \4\ 605-80  1250-1649   301-400   Hazardous.
                           0.4                                  4
(\2\)        0.505-0.604  \3\ 350.5--50  505-604    40.5-50.4  \4\ 805-10  1650-2049   401-500
                           0.4                                  04
----------------------------------------------------------------------------------------------------------------
\1\ Areas are generally required to report the AQI based on 8-hour ozone values. However, there are a small
  number of areas where an AQI based on 1-hour ozone values would be more precautionary. In these cases, in
  addition to calculating the 8-hour ozone index value, the 1-hour ozone index value may be calculated, and the
  maximum of the two values reported.
\2\ 8-hour O3 values do not define higher AQI values (>301). AQI values > 301 are calculated with 1-hour O3
  concentrations.
\3\ If a different SHL for PM2.5 is promulgated, these numbers will change accordingly.
\4\ 1-hr SO2 values do not define higher AQI values ($200). AQI values of 200 or greater are calculated with 24-
  hour SO2 concentration.

    ii. If the concentration is equal to a breakpoint, then the index is 
equal to the corresponding index value in Table 2. However, Equation 1 
can still be used. The results will be equal. If the concentration is 
between two breakpoints, then calculate the index of that pollutant with 
Equation 1. You must also note that in some areas, the AQI based on 1-
hour O3 will be more precautionary than using 8-hour values 
(see footnote 1 to Table 2). In these cases, you may use 1-hour values 
as well as 8-hour values to calculate index values and then use the 
maximum index value as the AQI for O3.
[GRAPHIC] [TIFF OMITTED] TR27MR08.001

Where:

Ip = the index value for pollutantp
Cp = the truncated concentration of pollutantp
BPHi = the breakpoint that is greater than or equal to 
          Cp
BPLo = the breakpoint that is less than or equal to 
          Cp
IHi = the AQI value corresponding to BPHi
Ilo = the AQI value corresponding to BPLo.

    iii. If the concentration is larger than the highest breakpoint in 
Table 2 then you may use the last two breakpoints in Table 2 when you 
apply Equation 1.

                                 Example

    iv. Using Table 2 and Equation 1, calculate the index value for each 
of the pollutants measured and select the one that produces the highest 
index value for the AQI. For example, if you observe a PM 10 
value of 210 mg/m\3\, a 1-hour O3 value of 0.156 ppm, and an 
8-hour O3 value of 0.130 ppm, then do this:
    a. Find the breakpoints for PM 10 at 210 mg/m\3\ as 155 
mg/m\3\ and 254 mg/m\3\, corresponding to index values 101 and 150;
    b. Find the breakpoints for 1-hour O3 at 0.156 ppm as 
0.125 ppm and 0.164 ppm, corresponding to index values 101 and 150;
    c. Find the breakpoints for 8-hour O3 at 0.130 ppm as 
0.116 ppm and 0.374 ppm, corresponding to index values 201 and 300;
    d. Apply Equation 1 for 210 mg/m\3\, PM 10:
    [GRAPHIC] [TIFF OMITTED] TR27MR08.002
    
    e. Apply Equation 1 for 0.156 ppm, 1-hour O3:

[[Page 321]]

[GRAPHIC] [TIFF OMITTED] TR27MR08.003

    f. Apply Equation 1 for 0.130 ppm, 8-hour O3:
    [GRAPHIC] [TIFF OMITTED] TR27MR08.004
    
    g. Find the maximum, 206. This is the AQI. The minimal AQI report 
would read:
    v. Today, the AQI for my city is 206 which is Very Unhealthy, due to 
ozone. Children and people with asthma are the groups most at risk.

             13. What additional information should I know?

    The EPA has developed a computer program to calculate the AQI for 
you. The program prompts for inputs, and it displays all the pertinent 
information for the AQI (the index value, color, category, sensitive 
group, health effects, and cautionary language). The EPA has also 
prepared a brochure on the AQI that explains the index in detail (The 
Air Quality Index), Reporting Guidance (Technical Assistance Document 
for the Reporting of Daily Air Quality--the Air Quality Index (AQI)) 
that provides associated health effects and cautionary statements, and 
Forecasting Guidance (Guideline for Developing an Ozone Forecasting 
Program) that explains the steps necessary to start an air pollution 
forecasting program. You can download the program and the guidance 
documents at www.airnow.gov. Reference for relating non-approved PM 
measurements to approved methods (Eberly, S., T. Fitz-Simons, T. Hanley, 
L. Weinstock., T. Tamanini, G. Denniston, B. Lambeth, E. Michel, S. 
Bortnick. Data Quality Objectives (DQOs) For Relating Federal Reference 
Method (FRM) and Continuous PM 2.5 Measurements to Report an 
Air Quality Index (AQI). U.S. Environmental Protection Agency, Research 
Triangle Park, NC. EPA-454/B-02-002, November 2002) can be found on the 
Ambient Monitoring Technology Information Center (AMTIC) Web site, 
http://www.epa.gov/ttnamti1/.

[64 FR 42547, Aug. 4, 1999, as amended at 73 FR 16513, Mar. 27, 2008; 75 
FR 6537, Feb. 9, 2010; 75 FR 35602, June 22, 2010; 78 FR 3286, Jan. 15, 
2013; 80 FR 65468, Oct. 26, 2015]



PART 59_NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR 
CONSUMER AND COMMERCIAL PRODUCTS--Table of Contents



Sec.

                            Subpart A_General

59.1  Final determinations under Section 183(e)(3)(C) of the CAA.

  Subpart B_National Volatile Organic Compound Emission Standards for 
                      Automobile Refinish Coatings

59.100  Applicability and designation of regulated entity.
59.101  Definitions.
59.102  Standards.
59.103  Container labeling requirements.
59.104  Compliance provisions.
59.105  Reporting requirements.
59.106  Variance.
59.107  Addresses of EPA Regional offices.
59.108  State authority.
59.109  Circumvention.
59.110  Incorporations by reference.
59.111  Availability of information and confidentiality.

Table 1 to Subpart B of Part 59--Volatile Organic Compound (VOC) Content 
          Limits for Automobile Refinish Coatings

  Subpart C_National Volatile Organic Compound Emission Standards for 
                            Consumer Products

59.201  Applicability and designation of regulated entity.
59.202  Definitions.
59.203  Standards for consumer products.
59.204  Innovative product provisions.
59.205  Labeling.
59.206  Variances.
59.207  Test methods.
59.208  Charcoal lighter material testing protocol.

[[Page 322]]

59.209  Recordkeeping and reporting requirements.
59.210  Addresses of EPA Regional Offices.
59.211  State authority.
59.212  Circumvention.
59.213  Incorporations by reference.
59.214  Availability of information and confidentiality.

Table 1 to Subpart C of Part 59--VOC Content Limits by Product Category
Table 2 to Subpart C of Part 59--HVOC Content Limits for Underarm 
          Deodorants and Underarm AntiPerspirants
Appendix A to Subpart C of Part 59--Figures

  Subpart D_National Volatile Organic Compound Emission Standards for 
                         Architectural Coatings

59.400  Applicability and compliance dates.
59.401  Definitions.
59.402  VOC content limits.
59.403  Exceedance fees.
59.404  Tonnage exemption.
59.405  Container labeling requirements.
59.406  Compliance provisions.
59.407  Recordkeeping requirements.
59.408  Reporting requirements.
59.409  Addresses of EPA Offices.
59.410  State authority.
59.411  Circumvention.
59.412  Incorporations by reference.
59.413  Availability of information and confidentiality.

Appendix A to Subpart D of Part 59--Determination of Volatile Matter 
          Content of Methacrylate Multicomponent Coatings Used as 
          Traffic Marking Coatings
Table 1 to Subpart D of Part 59--Volatile Organic Compound (VOC) Content 
          Limits for Architectural Coatings

  Subpart E_National volatile organic compound emission standards for 
                            aerosol coatings

59.500  What is the purpose of this subpart?
59.501  Am I subject to this subpart?
59.502  When do I have to comply with this subpart?
59.503  What definitions apply to this subpart?
59.504  What limits must I meet?
59.505  How do I demonstrate compliance with the reactivity limits?
59.506  How do I demonstrate compliance if I manufacture multi-component 
          kits?
59.507  What are the labeling requirements for aerosol coatings?
59.508  What test methods must I use?
59.509  Can I get a variance?
59.510  What records am I required to maintain?
59.511  What notifications and reports must I submit?
59.512  Addresses of EPA regional offices.
59.513  State authority.
59.514  Circumvention.
59.515  Incorporations by reference.
59.516  Availability of information and confidentiality

Table 1 to Subpart E of Part 59--Product-Weighted Reactivity Limits by 
          Coating Category
Table 2A to Subpart E of Part 59--Reactivity Factors
Table 2B to Subpart E of Part 59--Reactivity Factors for Aliphatic 
          Hydrocarbon Solvent Mixtures
Table 2C to Subpart E of Part 59--Reactivity Factors for Aromatic 
          Hydrocarbon Solvent Mixtures

Subpart F_Control of Evaporative Emissions From New and In-Use Portable 
                             Fuel Containers

                       Overview and Applicability

59.600  Does this subpart apply for my products?
59.601  Do the requirements of this subpart apply to me?
59.602  What are the general prohibitions and requirements of this 
          subpart?
59.603  How must manufacturers apply good engineering judgment?
59.605  What portable fuel containers are excluded from this subpart's 
          requirements?
59.607  Submission of information.

               Emission Standards and Related Requirements

59.611  What evaporative emission requirements apply under this subpart?
59.612  What emission-related warranty requirements apply to me?
59.613  What operation and maintenance instructions must I give to 
          buyers?
59.615  How must I label and identify the portable fuel containers I 
          produce?

                      Certifying Emission Families

59.621  Who may apply for a certificate of conformity?
59.622  What are the general requirements for obtaining a certificate of 
          conformity and producing portable fuel containers under it?
59.623  What must I include in my application?
59.624  How do I amend my application for certification?
59.625  How do I select emission families?
59.626  What emission testing must I perform for my application for a 
          certificate of conformity?
59.627  How do I demonstrate that my emission family complies with 
          evaporative emission standards?
59.628  What records must I keep and what reports must I send to EPA?

[[Page 323]]

59.629  What decisions may EPA make regarding my certificate of 
          conformity?
59.630  EPA testing.
59.650  General testing provisions.
59.652  Other procedures.
59.653  How do I test portable fuel containers?

                      Special Compliance Provisions

59.660  Exemption from the standards.
59.662  What temporary provisions address hardship due to unusual 
          circumstances?
59.663  What are the provisions for extending compliance deadlines for 
          manufacturers under hardship?
59.664  What are the requirements for importing portable fuel containers 
          into the United States?

               Definitions and Other Reference Information

59.680  What definitions apply to this subpart?
59.685  What symbols, acronyms, and abbreviations does this subpart use?
59.695  What provisions apply to confidential information?
59.697  State actions.
59.698  May EPA enter my facilities for inspections?
59.699  How do I request a hearing?

    Authority: 42 U.S.C. 7414 and 7511b(e).

    Source: 64 FR 48815, Sept. 11, 1998, unless otherwise noted.



                            Subpart A_General

    Source: 71 FR 58753, Oct. 5, 2006, unless otherwise noted.



Sec. 59.1  Final determinations under Section 183(e)(3)(C) of the CAA.

    This section identifies the consumer and commercial product 
categories for which EPA has determined that CTGs will be substantially 
as effective as regulations in reducing VOC emissions in ozone 
nonattainment areas:
    (a) Wood furniture coatings;
    (b) Aerospace coatings;
    (c) Shipbuilding and repair coatings;
    (d) Lithographic printing materials;
    (e) Letterpress printing materials;
    (f) Flexible packaging printing materials;
    (g) Flat wood paneling coatings;
    (h) Industrial cleaning solvents;
    (i) Paper, film, and foil coatings;
    (j) Metal furniture coatings;
    (k) Large appliance coatings;
    (l) Miscellaneous metal products coatings;
    (m) Plastic parts coatings;
    (n) Auto and light-duty truck assembly coatings;
    (o) Fiberglass boat manufacturing materials; and
    (p) Miscellaneous industrial adhesives.

[73 FR 58491, Oct. 7, 2008]



  Subpart B_National Volatile Organic Compound Emission Standards for 
                      Automobile Refinish Coatings



Sec. 59.100  Applicability and designation of regulated entity.

    (a) The provisions of this subpart apply to automobile refinish 
coatings and coating components manufactured on or after January 11, 
1999 for sale or distribution in the United States.
    (b) Regulated entities are manufacturers and importers of automobile 
refinish coatings or coating components that sell or distribute these 
coatings or coating components in the United States.
    (c) The provisions of this subpart do not apply to automobile 
refinish coatings or coating components meeting the criteria in 
paragraphs (c)(1) through (c)(6) of this section.
    (1) Coatings or coating components that are manufactured (in or 
outside the United States) exclusively for sale outside the United 
States.
    (2) Coatings or coating components that are manufactured (in or 
outside the United States) before January 11, 1999.
    (3) Coatings or coating components that are manufactured (in or 
outside the United States) for use by original equipment manufacturers.
    (4) Coatings that are sold in nonrefillable aerosol containers.
    (5) Lacquer topcoats or their components.
    (6) Touch-up coatings.



Sec. 59.101  Definitions.

    Adhesion promoter means a coating designed to facilitate the bonding 
of a primer or topcoat on surfaces such as trim moldings, door locks, 
and door sills, where sanding is impracticable, and on plastic parts and 
the edges of sanded areas.

[[Page 324]]

    Administrator means the Administrator of the United States 
Environmental Protection Agency (U.S. EPA) or an authorized 
representative.
    Automobile means passenger cars, vans, motorcycles, trucks, and all 
other mobile equipment.
    Automobile refinish coating component means any portion of a 
coating, such as a reducer or thinner, hardener, additive, etc., 
recommended (by its manufacturer or importer) to distributors or end-
users for automobile refinishing. The raw materials used to produce the 
components that are mixed by the end-user to prepare a coating for 
application are not considered automobile refinish coating components. 
Any reference to automobile refinishing made by a manufacturer or 
importer on a container or in product literature constitutes a 
recommendation for automobile refinishing.
    Automobile refinish coating or coating component importer, or 
importer, means any company, group, or individual that brings automobile 
refinish coatings or coating components from a location outside the 
United States into the United States for sale or distribution in the 
United States.
    Automobile refinish coating or coating component manufacturer, or 
manufacturer, means any company, group, or individual that produces or 
packages automobile refinish coatings or coating components for sale or 
distribution in the United States, including an entity which produces or 
packages such coatings or coating components under a private label for 
another party.
    Automobile refinishing means the process of coating automobiles or 
their parts, including partial body collision repairs, that is 
subsequent to the original coating applied at an automobile original 
equipment manufacturing plant.
    Container means the individual receptacle that holds a coating or 
coating component for storage and distribution.
    Cut-in, or jambing, clearcoat means a fast-drying, ready-to-spray 
clearcoat applied to surfaces such as door jambs and trunk and hood 
edges to allow for quick closure.
    Elastomeric coating means a coating designed for application over 
flexible parts, such as elastomeric bumpers.
    Exempt compounds means specific organic compounds that are not 
considered volatile organic compounds due to negligible photochemical 
reactivity. The exempt compounds are specified in Sec. 51.100(s) of this 
chapter.
    Hardener means a coating component specifically designed to promote 
a faster cure of an enamel finish.
    Impact-resistant coating means a coating designed to resist chipping 
caused by road debris.
    Label means any written, printed, or graphic matter affixed to or 
appearing upon any automobile refinish coating or coating component 
container or package for purposes of identifying or giving information 
on the product, use of the product, or contents of the container or 
package.
    Lacquer means a thermoplastic coating which dries primarily by 
solvent evaporation, and which is resoluble in its original solvent.
    Low-gloss coating means a coating which exhibits a gloss reading 
less than or equal to 25 on a 60 glossmeter.
    Mixing instructions means the coating or coating component 
manufacturer's or importer's specification of the quantities of coating 
components for mixing a coating.
    Mobile equipment means any equipment that is physically capable of 
being driven or drawn upon a highway including, but not limited to, the 
following types of equipment: construction vehicles (such as mobile 
cranes, bulldozers, concrete mixers); farming equipment (wheel tractor, 
plow, pesticide sprayer); hauling equipment (truck trailers, utility 
bodies, camper shells); and miscellaneous equipment (street cleaners, 
golf carts).
    Multi-colored topcoat means a topcoat that exhibits more than one 
color, is packaged in a single container, and camouflages surface 
defects on areas of heavy use, such as cargo beds and other surfaces of 
trucks and other utility vehicles.
    Pretreatment wash primer means a primer that contains a minimum of 
0.5 percent acid, by weight, that is applied

[[Page 325]]

directly to bare metal surfaces to provide corrosion resistance and to 
promote adhesion of subsequent coatings.
    Primer means any coating applied prior to the application of a 
topcoat for the purpose of corrosion resistance and/or adhesion.
    Primer-sealer means any coating applied prior to the application of 
a topcoat for the purpose of corrosion resistance, adhesion of the 
topcoat, and/or color uniformity and to promote the ability of an 
undercoat to resist penetration by the topcoat.
    Primer-surfacer means any coating applied prior to the application 
of a topcoat for the purpose of filling surface imperfections in the 
substrate, corrosion resistance, and/or adhesion of the topcoat.
    Reducer means any solvent used to thin enamels.
    Underbody coating means a coating designed for protection and sound 
deadening that is typically applied to the wheel wells and underbody of 
an automobile.
    Single-stage topcoat means a topcoat consisting of only one coating.
    Specialty coatings means adhesion promoters, low-gloss coatings, 
bright metal trim repair coatings, jambing (cut-in) clearcoats, 
elastomeric coatings, impact resistant coatings, underbody coatings, 
uniform finish blenders, and weld-through primers.
    Thinner means any solvent used to reduce the viscosity or solids 
content of a coating.
    Three-stage topcoat means a topcoat composed of a pigmented 
basecoat, a midcoat, and a transparent clearcoat.
    Topcoat means any coating or series of coatings applied over a 
primer or an existing finish for the purpose of protection or 
beautification.
    Touch-up coating means a coating applied by brush, air-brush, or 
nonrefillable aerosol can to cover minor surface damage.
    Two-stage topcoat means a topcoat consisting of a pigmented basecoat 
and a transparent clearcoat.
    Uniform finish blender means a coating designed to blend a repaired 
topcoat into an existing topcoat.
    United States means the United States of America, including the 
District of Columbia, Puerto Rico, the Virgin Islands, Guam, American 
Samoa, and Commonwealth of the Northern Mariana Islands.
    Volatile organic compounds or VOC means any compound of carbon, 
other than those organic compounds that the Administrator has excluded 
in 40 CFR part 51, Sec. 51.100 from this definition.
    VOC content means the weight of VOC per volume of coating, 
calculated according to the procedures in Sec. 59.104(a) of this 
subpart.
    Water hold-out coating means a coating applied to the interior 
cavity areas of doors, quarter panels and rocker panels for the purpose 
of corrosion resistance to prolonged water exposure.
    Weld-through primer means a primer that is applied to an area before 
welding is performed, and that provides corrosion resistance to the 
surface after welding has been performed.



Sec. 59.102  Standards.

    (a) Except as provided in Sec. 59.106 of this subpart, any coating 
resulting from the mixing instructions of a regulated entity must meet 
the VOC content limit given in table 1 of this subpart. VOC content is 
determined according to Sec. 59.104(a).
    (b) Different combinations or mixing ratios of coating components 
constitute different coatings. For example, coating components may be 
mixed one way to make a primer, and mixed another way to make a primer 
sealer. Each of these coatings must meet its corresponding VOC content 
limit in table 1 of this subpart. If the same combination and mixing 
ratio of coating components is recommended by a regulated entity for use 
in more than one category in table 1 of this subpart, then the most 
restrictive VOC content limit shall apply.



Sec. 59.103  Container labeling requirements.

    Each regulated entity subject to this subpart must clearly display 
on each automobile refinish coating or coating component container or 
package, the day, month, and year on which the product was manufactured, 
or a code indicating such date.

[[Page 326]]



Sec. 59.104  Compliance provisions.

    (a) For the purpose of determining compliance with the VOC content 
limits in Sec. 59.102(a) of this subpart, each regulated entity shall 
determine the VOC content of a coating using the procedures described in 
paragraph (a)(1) or (a)(2) of this section, as appropriate.
    (1) Determine the VOC content in grams of VOC per liter of coating 
prepared for application according to its mixing instructions, excluding 
the volume of any water or exempt compounds. VOC content shall be 
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR11SE98.000

Where:

VOC content = grams of VOC per liter of coating;
Wv = mass of total volatiles, in grams;
Ww = mass of water, in grams;
Wec = mass of exempt compounds, in grams;
V = volume of coating, in liters;
Vw = volume of water, in liters; and
Vec = volume of exempt compounds, in liters.

    (2) The VOC content of a multi-stage topcoat shall be calculated 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TN23NO98.000

Where:

VOCmulti = VOC content of a multi-stage topcoat, in grams of 
          VOC per liter of coating;
VOCbc = VOC content of the basecoat, as determined in 
          paragraph (a)(1) or (f) of this section;
VOCmci = VOC content of midcoat i, as determined in paragraph 
          (a)(1) or (f) of this section;
VOCcc = VOC content of the clearcoat, as determined in 
          paragraph (a)(1) or (f) of this section; and
M = Number of midcoats.

    (b) To determine the composition of a coating in order to perform 
the calculations in paragraph (a) of this section, the reference method 
for VOC content is Method 24 of appendix A of 40 CFR part 60, except as 
provided in paragraph (f) of this section. To determine the VOC content 
of a coating, the regulated entity may use Method 24 of appendix A of 40 
CFR part 60, an alternative method as provided in paragraph (f) of this 
section, or any other reasonable means for predicting that the coating 
has been formulated as intended (e.g., quality assurance checks, 
recordkeeping). However, if there are any inconsistencies between the 
results of a Method 24 test and any other means for determining VOC 
content, the Method 24 test results will govern. The Administrator may 
require the regulated to conduct a Method 24 analysis.
    (c) If a regulated entity recommends that its coating component(s) 
be combined with coating components of another regulated entity, and if 
the coating resulting from such a combination does not comply with the 
VOC content limit in Sec. 59.102 (a) of this subpart, then the former 
regulated entity is out of compliance, unless the entity submits Method 
24 data to the Administrator demonstrating that its recommended 
combination of coating components meets the VOC content limit in 
Sec. 59.102(a). If the latter regulated entity does not make the 
recommendation of such use of the coating components, then that entity 
is not out of compliance for purposes of that resulting coating.
    (d) Pretreatment wash primers: Except as provided in paragraph (f) 
of this section, the acid weight percent of pretreatment wash primers 
must be determined using the American Society for Testing and Materials 
Test Method D 1613-96 (incorporated by reference in Sec. 59.110). If the 
pigment in a pretreatment wash primer prevents the use of this test 
method for determining the acid weight percent of the coating, then the 
test method shall be used for the nonpigmented component of the coating, 
and the acid weight percent shall be calculated based on the acid 
content of the nonpigmented component and the mixing ratio of the 
nonpigmented component to the remaining components recommended by the 
regulated entity.
    (e) Low-gloss coatings: Except as provided in paragraph (f) of this 
section, the gloss reading of low-gloss coatings must be determined 
using the American Society for Testing and Materials

[[Page 327]]

Test Method D 523-89 (incorporated by reference in Sec. 59.110).
    (f) The Administrator may approve, on a case-by-case basis, a 
regulated entity's use of an alternative method in lieu of Method 24 for 
determining the VOC content of coatings if the alternative method is 
demonstrated to the Administrator's satisfaction to provide results that 
are acceptable for purposes of determining compliance with this subpart.
    (g) The Administrator may determine a regulated entity's compliance 
with the provisions of this subpart based on information required by 
this subpart or any other information available to the Administrator.

[63 FR 48815, Sept. 11, 1998; 63 FR 64761, Nov. 23, 1998]



Sec. 59.105  Reporting requirements.

    (a) Each regulated entity must submit an initial report no later 
than January 11, 1999 or within 180 days of the date that the regulated 
entity first manufactures or imports automobile refinish coatings or 
coating components, whichever is later. The initial report must include 
the information in paragraphs (a)(1) through (a)(4) of this section.
    (1) The name and mailing address of the regulated entity.
    (2) An explanation of each date code, if such codes are used to 
represent the date of manufacture, as provided in Sec. 59.103.
    (3) The street address of each of the regulated entity's facilities 
in the United States that is producing, packaging, or importing 
automobile refinish coatings or coating components subject to the 
provisions of this subpart.
    (4) A list of the categories from table 1 of this subpart for which 
the regulated entity recommends the use of automobile refinish coatings 
or coating components.
    (b) Each regulated entity must submit an explanation of any new date 
codes used by the regulated entity no later than 30 days after products 
bearing the new date code are first introduced into commerce.



Sec. 59.106  Variance.

    (a) Any regulated entity that cannot comply with the requirements of 
this subpart because of circumstances beyond its reasonable control may 
apply in writing to the Administrator for a temporary variance. The 
variance application must include the information specified in 
paragraphs (a)(1) through (a)(3).
    (1) The specific grounds upon which the variance is sought.
    (2) The proposed date(s) by which the regulated entity will achieve 
compliance with the provisions of this subpart. This date must be no 
later than 5 years after the issuance of a variance.
    (3) A compliance plan detailing the method(s) by which the regulated 
entity will achieve compliance with the provisions of this subpart.
    (b) Upon receipt of a variance application containing the 
information required in paragraph (a) of this section, the Administrator 
will publish a notice of such application in the Federal Register and, 
if requested by any party, will hold a public hearing to determine 
whether, under what conditions, and to what extent, a variance from the 
requirements of this subpart is necessary and will be granted. If 
requested, a hearing will be held no later than 75 days after receipt of 
a variance application. Notice of the time and place of the hearing will 
be sent to the applicant by certified mail not less than 30 days prior 
to the hearing. At least 30 days prior to the hearing, the variance 
application will be made available to the public for inspection. 
Information submitted to the Administrator by a variance applicant may 
be claimed as confidential. The Administrator may consider such 
confidential information in reaching a decision on a variance 
application. Interested members of the public will be allowed a 
reasonable opportunity to testify at the hearing.
    (c) The Administrator will issue a variance if the criteria 
specified in paragraphs (c)(1) and (c)(2) are met to the satisfaction of 
the Administrator.
    (1) If complying with the provisions of this subpart would not be 
technologically or economically feasible, and

[[Page 328]]

    (2) The compliance plan proposed by the applicant can reasonably be 
implemented and will achieve compliance as expeditiously as possible.
    (d) Any variance will specify dates by which the regulated entity 
will achieve increments of progress towards compliance, and will specify 
a final compliance date by which the regulated entity will achieve 
compliance with this subpart.
    (e) A variance will cease to be effective upon failure of the party 
to whom the variance was issued to comply with any term or condition of 
the variance.
    (f) Upon the application of any party, the Administrator may review 
and, for good cause, modify or revoke a variance after holding a public 
hearing in accordance with the provisions of paragraph (b) of this 
section.



Sec. 59.107  Addresses of EPA Regional Offices.

    All requests, reports, submittals, and other communications to the 
Administrator pursuant to this regulation shall be submitted to the 
Regional Office of the EPA which serves the State or territory in which 
the corporate headquarters of the regulated entity resides. These areas 
are indicated in the following list of EPA Regional Offices.

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Office of Environmental Stewardship, 
Mailcode: OES04-5, 5 Post Office Square--Suite 100, Boston, MA 02109-
3912.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Division of Enforcement and Compliance Assistance, 290 
Broadway, New York, NY 10007-1866.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Air Protection Division, 1650 Arch Street, 
Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air, Pesticides and 
Toxics, Management Division, 345 Courtland Street, NE., Atlanta, GA 
30365.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 
60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
Director, Air, Pesticides and Toxics Division, 1445 Ross Avenue, Dallas, 
TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming), Director, Air and Toxics Division, 999 18th Street, 1 Denver 
Place, Suite 500, Denver, Colorado 80202-2405.
EPA Region IX (Arizona, California, Hawaii and Nevada; the territories 
of American Samoa and Guam; the Commonwealth of the Northern Mariana 
Islands; the territories of Baker Island, Howland Island, Jarvis Island, 
Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake 
Islands; and certain U.S. Government activities in the freely associated 
states of the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau), Director, Air Division, 75 
Hawthorne Street, San Francisco, CA 94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Air and 
Toxics Division, 1200 Sixth Avenue, Seattle, WA 98101.

[64 FR 48815, Sept. 11, 1998, as amended at 75 FR 69349, Nov. 12, 2010; 
76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013]



Sec. 59.108  State Authority.

    The provisions in this regulation shall not be construed in any 
manner to preclude any State or political subdivision thereof from:
    (a) Adopting and enforcing any emission standard or limitation 
applicable to a manufacturer or importer of automobile refinish coatings 
or components in addition to the requirements of this subpart.
    (b) Requiring the manufacturer or importer of automobile refinish 
coatings or components to obtain permits, licenses, or approvals prior 
to initiating construction, modification, or operation of a facility for 
manufacturing an automobile refinish coating component.



Sec. 59.109  Circumvention.

    Each manufacturer and importer of any automobile refinish coating or 
component subject to the provisions of this subpart must not alter, 
destroy, or falsify any record or report, to conceal what would 
otherwise be noncompliance with this subpart. Such concealment includes, 
but is not limited to, refusing to provide the Administrator access to 
all required records and date-coding information, altering the VOC

[[Page 329]]

content of a coating or component batch, or altering the results of any 
required tests to determine VOC content.



Sec. 59.110  Incorporations by Reference.

    (a) The following material is incorporated by reference in the 
paragraphs noted in Sec. 59.104. These incorporations by reference were 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as 
they exist on the date of the approval, and notice of any changes in 
these materials will be published in the Federal Register.
    (1) ASTM D 1613-96, Standard Test Method for Acidity in Volatile 
Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and 
Related Products, IBR approved for Sec. 59.104(d).
    (2) ASTM D 523-89, Standard Test Method for Specular Gloss, IBR 
approved for Sec. 59.104(e).
    (b) The materials are available for inspection at the Air and 
Radiation Docket and Information Center, U.S. EPA, 401 M St., SW., 
Washington, DC; and at the EPA Library (MD-35), U.S. EPA, Research 
Triangle Park, North Carolina, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html. The 
materials are available for purchase from the following address: 
American Society for Testing and Materials (ASTM), 100 Barr Harbor 
Drive, West Conshohocken, PA, 19428, telephone number (610) 832-9500.

[64 FR 48815, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 59.111  Availability of information and confidentiality.

    (a) Availability of information. The availability to the public of 
information provided to or otherwise obtained by the Administrator under 
this part shall be governed by part 2 of this chapter.
    (b) Confidentiality. All confidential business information entitled 
to protection under section 114(c) of the Act that must be submitted or 
maintained by each regulated entity pursuant to this section shall be 
treated in accordance with 40 CFR part 2, subpart B.



 Sec. Table 1 to Subpart B of Part 59--Volatile Organic Compound (VOC) 
             Content Limits for Automobile Refinish Coatings

------------------------------------------------------------------------
                                                              Pounds VOC
                Coating category                   Grams VOC  per gallon
                                                   per liter      \a\
------------------------------------------------------------------------
Pretreatment wash primers.......................         780         6.5
Primers/primer surfacers........................         580         4.8
Primer sealers..................................         550         4.6
Single/two-stage topcoats.......................         600         5.0
Topcoats of more than two stages................         630         5.2
Multi-colored topcoats..........................         680         5.7
Specialty coatings..............................         840         7.0
------------------------------------------------------------------------
\a\ English units are provided for information only. Compliance will be
  determined based on the VOC content limit, as expressed in metric
  units.



  Subpart C_National Volatile Organic Compound Emission Standards for 
                            Consumer Products

    Source: 63 FR 48831, Sept. 11, 1998, unless otherwise noted.



Sec. 59.201  Applicability and designation of regulated entity.

    (a) The provisions of the subpart apply to consumer products 
manufactured or imported on or after December 10, 1998 for sale or 
distribution in the United States.
    (b) The regulated entity is: the manufacturer or importer of the 
product; and any distributor that is named on the product label. The 
manufacturer or importer of the product is a regulated entity for 
purposes of compliance with the volatile organic compounds (VOC) content 
or emission limits in Sec. 49.203, regardless of whether the 
manufacturer or importer is named on the label or not. The distributor, 
if named on the label, is the regulated entity for purposes of 
compliance with all sections of this part except for Sec. 59.203. 
Distributors whose names do not appear on the label are not regulated 
entities. If no distributor is named on the label, then the manufacturer 
or importer is responsible for compliance with all sections of this 
part.
    (c) The provisions of this subpart do not apply to consumer products 
that

[[Page 330]]

meet the criteria specified in paragraph (c)(1) through (c)(7) of this 
section.
    (1) Any consumer product manufacturer in the United States for 
shipment and use outside of the United States.
    (2) Insecticides and air fresheners containing at least 98-percent 
paradichlorobenzene or at least 98-percent naphthalene.
    (3) Adhesives sold in containers of 0.03 liter (1 ounce) or less.
    (4) Bait station insecticides. For the purpose of this subpart, bait 
station insecticides are containers enclosing an insecticidal bait that 
does not weigh more than 14 grams (0.5 ounce), where bait is designed to 
be ingested by insects and is composed of solid material feeding 
stimulants with less than 5-percent by weight active ingredients.
    (5) Air fresheners whose VOC constituents, as defined in 
Secs. 59.202 and 59.203(f), consist of 100-percent fragrance.
    (6) Non-aerosol moth proofing products that are principally for the 
protection of fabric from damage by moths and other fabric pests in 
adult, juvenile, or larval forms.
    (7) Flooring seam sealers used to join or fill the seam between two 
adjoining pieces of flexible sheet flooring.



Sec. 59.202  Definitions.

    The terms used in this subpart are defined in the Clean Air Act 
(Act) or in this section as follows:
    Administrator means the Administrator of the United States 
Environmental Protection Agency (EPA) or an authorized representative.
    Aerosol cooking spray means any aerosol product designed either to 
reduce sticking on cooking and baking surfaces or to be directly applied 
on food for the purpose of reducing sticking on cooking and baking 
surfaces, or both.
    Aerosol product means a product characterized by a pressurized spray 
system that dispenses product ingredients in aerosol form by means of a 
propellant (i.e., a liquefied or compressed gas that is used in whole or 
in part, such as a co-solvent, to expel a liquid or any other material 
from the same self-pressurized container or from a separate container) 
or mechanically induced force. ``Aerosol product'' does not include pump 
sprays.
    Agricultural use means the use of any pesticide or method or device 
for the control of pests in connection with the commercial production, 
storage, or processing of any animal or plant crop. ``Agricultural use'' 
does not include the sale or use of pesticides in properly labeled 
packages or containers that are intended for:
    (1) Household use;
    (2) Use in structural pest control; or
    (3) Institutional use.
    Air freshener means any consumer product including, but not limited 
to, sprays, wicks, powders, and crystals designed for the purpose of 
masking odors, or freshening, cleaning, scenting, or deodorizing the 
air. This does not include products that are used on the human body, 
products that function primarily as cleaning products, disinfectant 
products claiming to deodorize by killing germs on surfaces, or 
institutional/industrial disinfectants when offered for sale solely 
through institutional and industrial channels of distribution. It does 
include spray disinfectants and other products that are expressly 
represented for use as air fresheners, except institutional and 
industrial disinfectants when offered for sale through institutional and 
industrial channels of distribution. To determine whether a product is 
an air freshener, all verbal and visual representations regarding 
product use on the label or packaging and in the product's literature 
and advertising may be considered. The presence of, and representations 
about, a product's fragrance and ability to deodorize (resulting from 
surface application) shall not constitute a claim of air freshening.
    All other forms means all consumer product forms for which no form-
specific VOC standard is specified. Unless specified otherwise by the 
applicable VOC standard, ``all other forms'' include, but are not 
limited to, solids,liquids, wicks, powders, crystals, and cloth or paper 
wipes (towelettes).
    Automotive windshield washer fluid means any liquid designed for use 
in a motor vehicle windshield washer system either as an antifreeze or 
for the purpose of cleaning, washing, or wetting the windshield. 
``Automotive

[[Page 331]]

windshield washer fluid'' does not include fluids placed by the 
manufacturer in a new vehicle.
    Bathroom and tile cleaner means a product designed to clean tile or 
surfaces in bathrooms. ``Bathroom and tile cleaner'' does not include 
products specifically designed to clean toilet bowls or toilet tanks.
    Carburetor and choke cleaner means a product designed to remove dirt 
and other contaminants from a carburetor or choke. ``Carburetor and 
choke cleaner'' does not include products designed to be introduced 
directly into the fuel lines or fuel storage tank prior to introduction 
into the carburetor, or solvent use regulated under 40 CFR part 63, 
subpart T (halogenated solvent national emission standards for hazardous 
air pollutants (NESHAP)).
    Charcoal lighter material means any combustible material designed to 
be applied on, incorporated in, added to, or used with charcoal to 
enhance ignition. ``Charcoal lighter material'' does not include any of 
the following:
    (1) Electrical starters and probes;
    (2) Metallic cylinders using paper tinder;
    (3) Natural gas; and
    (4) Propane.
    Construction and panel adhesive means any one-component household 
adhesive having gap-filling capabilities that distributes stress 
uniformly throughout the bonded area resulting in a reduction or 
elimination of mechanical fasteners.
    Consumer means any person who purchases or acquires any consumer 
product for personal, family, household, or institutional use. Persons 
acquiring a consumer product for resale are not ``consumers'' of that 
product.
    Consumer product means any household or institutional product 
(including paints, coatings, and solvents), or substance, or article 
(including any container or packaging) held by any person, the use, 
consumption, storage, disposal, destruction, or decomposition of which 
may result in the release of VOC. For the purposes of this subpart, 
consumer product means any product listed in tables 1 or 2 of this 
subpart.
    Contact adhesive means any household adhesive that:
    (1) When applied to two substrates, forms an instantaneous, 
nonrepositionable bond;
    (2) When dried to touch, exhibits a minimum 30-minute bonding range; 
and
    (3) Bonds only to itself without the need for reactivation by 
solvents or heat.
    Container or packaging means the part or parts of the consumer 
product that serve only to contain, enclose, incorporate, deliver, 
dispense, wrap, or store the chemically formulated substance or mixture 
of substances that is solely responsible for accomplishing the purposes 
for which the product was designed or intended. ``Container or 
packaging'' includes any article onto or into which the principal 
display panel is incorporated, etched, printed, or attached.
    Crawling bug insecticide means any insecticide product that is 
designed for use against crawling arthropods including, but not limited 
to, ants, cockroaches, mites (but not house dust mites), silverfish, or 
spiders. ``Crawling bug insecticide'' does not include products for 
agricultural use or products designed to be used exclusively on humans 
or animals.
    Distributor means any person to whom a consumer product is sold or 
supplied for the purposes of resale or distribution in commerce.
    Double-phase aerosol air freshener means an aerosol air freshener 
with liquid contents in two or more distinct phases that requires the 
product container to be shaken before use to mix the phases, producing 
an emulsion.
    Dusting aid means a product designed to assist in removing dust and 
other soils from floors and other surfaces without leaving a wax or 
silicone-based coating. ``Dusting aid'' does not include products that 
consist entirely of compressed gases for use in electronic or other 
specialty areas.
    Engine degreaser means a cleaning product designed to remove grease, 
grime, oil, and other contaminants from the external surfaces of engines 
and other mechanical parts. ``Engine degreaser'' does not include any 
solvent used in parts washing equipment, or any solvent use regulated 
under 40

[[Page 332]]

CFR part 63, subpart T (halogenated solvent NESHAP).
    Fabric protectant means a product designed to be applied to fabric 
substrates to protect the surface from soiling from dirt and other 
impurities or to reduce absorption of water into the fabric's fibers. 
``Fabric protectant'' does not include silicone-based products whose 
function is to provide water repellency, or products designed for use 
solely on fabrics that are labeled ``dry clean only.''
    Flea and tick insecticide means any insecticide product that is 
designed for use against fleas, ticks, and their larvae, or their eggs. 
``Flea and tick insecticide'' does not include products that are 
designed to be used exclusively on humans or animals or their bedding.
    Flexible flooring material means asphalt, cork, linoleum, no-wax, 
rubber, seamless vinyl, and vinyl composite flooring.
    Floor polish or wax means a wax, polish, or any other product 
designed to polish, protect, or enhance floor surfaces by leaving a 
protective coating that is designed to be periodically replenished. 
``Floor polish or wax'' does not include ``spray buff products,'' 
products designed solely for the purpose of cleaning floors, floor 
finish strippers, products designed for unfinished wood floors, and 
coatings subject to 40 CFR part 59, subpart D--National Volatile Organic 
Compound Emission Standards for Architectural Coatings.
    Floor seam sealer means any low viscosity specialty adhesive used in 
small quantities for the sole purpose of bonding adjoining rolls of 
installed flexible sheet flooring or to fill any minute gaps between and 
adjoining rolls.
    Flying bug insecticide means any insecticide product that is 
designed for use against flying insects including, but not limited to, 
flies, mosquitoes, and gnats. ``Flying bug insecticide'' does not 
include ``wasp and hornet insecticide'' or products that are designed to 
be used exclusively on humans or animals or their bedding.
    Fragrance means a substance or mixture of aroma chemicals, natural 
essential oils, and other functional components that is added to a 
consumer product to impart an order or scent, or to counteract a 
malodor.
    Furniture maintenance product means a wax, polish, conditioner, or 
any other product designed for the product designed for the purpose of 
polishing, protecting, or enhancing finished wood surfaces other than 
floors. Furniture maintenance product'' does not include dusting aids, 
products designed solely for the purpose of cleaning, and products 
designed to leave a permanent finish such as stains, sanding sealers, 
and lacquers.
    Gel means a colloid in which the dispersed phase has combined with 
the continuous phase to produce a semisolid material, such as jelly.
    General purpose adhesive means any nonaerosol household adhesive 
designed for use on a variety of substrates. General purpose adhesives 
do not include contact adhesives or construction and panel adhesives.
    General purpose cleaner means a product designed for general all-
purpose cleaning, in contrast to cleaning products designed to clean 
specific substrates in certain situations. ``General purpose cleaner'' 
includes products designed for general floor cleaning, kitchen or 
countertop cleaning, and cleaners designed to be used on a variety of 
hard surfaces.
    Glass cleaner means a cleaning product designed primarily for 
cleaning surfaces made of glass. Glass cleaner does not include products 
designed solely for the purpose of cleaning optical materials used in 
eyeglasses, photographic equipment, scientific equipment, and 
photocopying machines.
    Hair mousse means a hairstyling foam designed to facilitate styling 
of a coiffure and provide limited holding power.
    Hair styling gel means a high-viscosity, often gelatinous product 
that contains a resin and is designed for the application to hair to aid 
in styling and sculpting of the hair coiffure.
    Hairspray means a consumer product designed primarily for the 
purpose of dispensing droplets of a resin on and into a hair coiffure to 
impart sufficient rigidity to the coiffure to establish or retain the 
style for a period of time.
    High-volatility organic compound or HVOC means any organic compound 
that exerts a vapor pressure greater

[[Page 333]]

than 80 millimeters of mercury when measured at 20 degrees Celsius.
    Household adhesive means any household product that is used to bond 
one surface to another by attachment. ``Household adhesive'' does not 
include products used on humans or animals, adhesive tape, contact 
paper, wallpaper shelf liners, or any other product with an adhesive 
incorporated onto or in an inert substrate.
    Household product means any consumer product that is primarily 
designed to be used inside or outside of living quarters or residences, 
including the immediate surroundings, that are occupied or intended for 
occupation by individuals.
    Household use means use of a product in a home or its immediate 
environment.
    Importer means any person who brings a consumer product that was 
manufactured, filled, or packaged at a location outside of the United 
States into the United States for sale or distribution in the United 
States.
    Industrial use means use for, or in, a manufacturing, mining, or 
chemical process or use in the operation of factories, processing 
plants, and similar sites.
    Insecticide means a pesticide product that is designed for use 
against insects or other arthropods, excluding any product that is:
    (1) For agricultural use; or
    (2) A restricted use pesticide.
    Insecticide fogger means any insecticide product designed to release 
all or most of its content as a fog or mist into indoor areas during a 
single application. Foggers may target a variety of pests including (but 
not limited to) fleas and ticks, crawling insects, lawn and garden 
pests, and flying insects. Foggers are not subject to the specific VOC 
limitations or other categories of insecticides list in table 1 of this 
subpart.
    Institutional product means a consumer product that is designed for 
use in the maintenance or operation of an establishment that 
manufactures, transports, or sells goods or commodities, or provides 
services for profit; or is engaged in the nonprofit promotion of a 
particular public, educational, or charitable cause. ``Establishments'' 
include, but are not limited to, government agencies, factories, 
schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, 
automobile service and parts centers, health clubs, theaters, or 
transportation companies. ``Institutional product'' does not include 
household products and products that are incorporated into or used 
exclusively in the manufacture or construction of the goods or 
commodities that are produced by the establishment.
    Institutional use means use within the confines of or on property 
necessary for the operation of buildings' including, but not limited to, 
government agencies, factories, sanitariums, prisons, restaurants, 
hotels, stores, automobile service and parts centers, health clubs, 
theaters, transportation companies, hospitals, schools, libraries, 
auditoriums, and office complexes.
    Label means any written, printed, or graphic matter affixed to, 
applied to, attached to, blown into, formed, molded into, embossed on, 
or appearing upon any consumer product package for purposes of branding, 
identifying, or giving information with respect to the product or to the 
contents of the package.
    Laundry prewash means a product that is designed for application to 
a fabric prior to laundering and that supplements and contributes to the 
effectiveness of laundry detergents and/or provides specialized 
performance.
    Laundry starch product means a product that is designed for 
application to a fabric, either during or after laundering, to impart 
and prolong a crisp look and may also facilitate ironing of the fabric. 
``Laundry starch product'' includes, but it not limited to, fabric 
finish, sizing, and starch.
    Lawn and garden insecticide means an insecticide product designed 
primarily to be used in household lawn and garden areas to protect 
plants from insects or other arthropods.
    Liquid means a substance or mixture of substances that flows 
readily, but, unlike a gas, does not expand indefinitely (i.e., a 
substance with constant volume but not constant shape). ``Liquid'' does 
not include powders or other materials that are composed entirely of 
solid particles.

[[Page 334]]

    Manufacturer means any person who manufacturers or processes a 
consumer product. Manufacturers include:
    (1) Processors who blend and mix consumer products,
    (2) Contract fillers who develop formulas and package these formulas 
under a distributor's label;
    (3) Contract fillers who manufacture products using formulas 
provided by a distributor; and
    (4) Distributors who specify formulas to be used by a contract 
filler or processor.
    Nail polish remover means a product designed to remove nail polish 
or coatings from fingernails or toenails.
    Nonagricultural pesticide means and includes any substance or 
mixture of substances that is a pesticide as defined in section 2(u) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-
136y).
    Nonresilient flooring means floor of a mineral content that is not 
flexible. ``Nonresilient flooring'' includes, but is not limited to, 
terrazzo, marble, slate, granite, brick, stone, ceramic tile, and 
concrete.
    Oven cleaner means any cleaning product designed to clean and to 
remove dried food deposits from oven interiors.
    Person means an individual corporation, partnership, association, 
State, any agency, department, or instrumentality of the United States, 
and any officer, agent, or employee thereof.
    Principal display panel(s) means that part, or those parts, of a 
label that are so designed as to most likely be displayed, presented, 
shown, or examined under normal and customary conditions of display or 
purchase. Whenever a principal display panel appears more than once, all 
requirements pertaining to the ``principal display panel'' shall pertain 
to all such ``principal display panels.''
    Product category means that applicable category which best describes 
the product as listed in tables 1 or 2 of this subpart and which appears 
on the product's principal display panel.
    Product form means the form that most accurately describes the 
product's dispensing from including aerosols, gels, liquids, pump 
sprays, and solids.
    Pump spray means a packaging system in which the product ingredients 
are expelled only while a pumping action is applied to a button, 
trigger, or other actuator. Pump spray product ingredients are not under 
pressure.
    Representative consumer product means a consumer product that is 
subject to the same VOC limit in Sec. 59.203 as the innovative product.
    Restricted use pesticide means a pesticide that has been classified 
for restricted use under the provisions of section 3(d) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y).
    Shaving cream means an aerosol product that dispenses a foam lather 
intended to be used with a blade or cartridge razor, or other wet-
shaving system in the removal of facial or other body hair.
    Single-phase aerosol air freshener means an aerosol air freshener 
with liquid contents in a single homogeneous phase that does not require 
that the product container be shaken before use.
    Solid means a substance or mixture of substances that does not flow 
or expand readily (i.e., a substance with constant volume such as the 
particles constituting a powder). ``Solid'' does not include liquids or 
gels.
    Spray buff product means a product designed to restore a worn floor 
finish in conjunction with a floor buffing machine and special pad.
    Structural waterproof adhesive means an adhesive whose bond lines 
are resistant to conditions of continuous immersion in fresh or salt 
water, and that conforms with Federal Specification MMM-A-181 (Type 1, 
Grade A), and MIL-A-4605 (Type A, Grade A and Grade C).
    Underarm antiperspirant means any aerosol product that is intended 
by the manufacturer to be used to reduce perspiration in the human 
axilla by at least 20 percent in at least 50 percent of a target 
population.
    Underarm deodorant means any aerosol product that is intended by the 
manufacturer to be used minimize odor in the human axilla by retarding 
the growth of bacteria that cause the decomposition of perspiration.

[[Page 335]]

    United States means the United States of America, including the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the Northern 
Mariana Islands.
    Usage directions means the text or graphics on the consumer 
product's label or accompanying literature that describes to the end 
user how and in what quantity the product is to be used.
    Volatile organic compound or VOC means any compound that meets the 
definition of a VOC, as defined under 40 CFR part 51, subpart F, and in 
subsequent amendments.
    Wasp and hornet insecticide means any insecticide product that is 
designed for use against wasps, hornets, yellow jackets, or bees by 
allowing the user to spray a high-volume directed stream or burst from a 
safe distance at the intended pest or its hiding place.
    Wax means an organic mixture or compound with low melting point and 
high molecular weight, which is solid at room temperature. Waxes are 
generally similar in composition to fats and oils except that they 
contain no glycerides. ``Wax'' includes, but is not limited to, 
substances such as carnauba wax, lanolin, and beeswax derived from the 
secretions of plants and animals; substances of a mineral origin such as 
ozocerite, montan, and paraffin; and synthetic substances such as 
chlorinated naphthalenes and ethylenic polymers.
    Wood floor wax means wax-based products for use solely on wood 
floors.

[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998]



Sec. 59.203  Standards for consumer products.

    (a) The manufacturer or importer of any consumer product subject to 
this subpart small ensure that the VOC content levels in table 1 of this 
subpart and HVOC content levels in table 2 of this subpart are not 
exceeded for any consumer product manufactured or imported on or after 
December 10, 1998, except as provided in paragraphs (b) and (c) of this 
section, or in Secs. 59.204 or 59.206.
    (b) For consumer products for which the label, packaging, or 
accompanying literature specifically states that the product should be 
diluted prior to use, the VOC content limits specified in paragraph (a) 
of this section shall apply to the product only after the minimum 
recommended dilution has taken place. For purposes of this paragraph, 
``minimum recommended dilution'' shall not include recommendations for 
incidental use of a concentrated product to deal with limited special 
applications such as hard-to-remove soils or stains.
    (c) For those consumer products that are registered under the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 
136-136y) (FIFRA), the compliance date of the VOC standards specified in 
paragraph (a) of this section is December 10, 1999.
    (d) The provisions specified in paragraphs (d)(1) through (d)(4) of 
this section apply to charcoal lighter materials.
    (1) No person shall manufacture or import any charcoal lighter 
material after December 10, 1998 that emits, on average, greater than 9 
grams of VOC per start, as determined by the procedures specified in 
Sec. 59.208.
    (2) The regulated entity for a charcoal lighter material shall label 
the product with usage directions that specify the quantity of charcoal 
lighter material per pound of charcoal that was used in the testing 
protocol specified in Sec. 59.208 for that product unless the provisions 
in either paragraph (e)(2)(i) or (e)(2)(ii) of this section apply.
    (i) The charcoal lighter material is intended to be used in fixed 
amounts independent of the amount of charcoal used, such as paraffin 
cubes; or
    (ii) The charcoal lighter material is already incorporated into the 
charcoal, such as certain ``bag light,'' ``instant light,'' or ``match 
light'' products.
    (3) Records of emission testing results for all charcoal lighter 
materials must be made available upon request to the Administrator for 
enforcement purposes within 30 days of receipt of such requests.
    (4) If a manufacturer or importer has submitted records of emission 
testing of a charcoal lighter material to a

[[Page 336]]

State or local regulatory agency, such existing records may be submitted 
under paragraph (d)(3) of this section in lieu of new test data, 
provided the product formulation is unchanged from that which was 
previously tested. Such previous testing must have been conducted in 
accordance with the test protocol described in Sec. 59.208 or a test 
protocol that is approved by the Administrator as an alternate.
    (e) Fragrances incorporated into a consumer product up to a combined 
level of 2 weight-percent shall not be included in the weight-percent 
VOC calculation.
    (f) The VOC content limits in table 1 of this subpart shall not 
include any VOC that:
    (1) Has a vapor pressure of less than 0.1 millimeters of mercury at 
20 degrees Celsius; or
    (2) Consists of more than 12 carbon atoms, if the vapor pressure is 
unknown; or
    (3) Has a melting point higher than 20 degrees Celsius and does not 
sublime (i.e., does not change directly from a solid into a gas without 
melting), if the vapor pressure is unknown.
    (g) The requirements of paragraph (a) of this Section shall not 
apply to those VOC in antiperspirants or deodorants that contain more 
than 10 carbon atoms per molecule and for which the vapor pressure is 
unknown, or that have a vapor pressure of 2 millimeters of mercury or 
less at 20 degrees Celsius.
    (h) a manufacturer or importer may use the vapor pressure 
information provided by the raw material supplier as long as the 
supplier uses a method to determine vapor pressure that is generally 
accepted by the scientific community.
    (i) For hydrocarbon solvents that are complex mixtures of many 
different compounds and that are supplied on a specification basis for 
use in a consumer product, the vapor pressure of the hydrocarbon blend 
may be used to demonstrate compliance with the VOC content limits of 
this section. Identification of the concentration and vapor pressure for 
each such component in the blend is not required for compliance with 
this subpart.



Sec. 59.204  Innovative product provisions.

    (a) Upon notification to the Administrator, a consumer product that 
is subject to this subpart may exceed the applicable limit in table 1 or 
2 of this subpart if the regulated entity demonstrates that, due to some 
characteristic of the product formulation, design, delivery systems, or 
other factors, the use of the product will result in equal or less VOC 
emissions that specified in paragraph (a)(1) or (a)(2) of this section.
    (1) The VOC emissions from a representative consumer product, as 
described in Sec. 59.202, that complies with the VOC standards specified 
in Sec. 59.203(a); or
    (2) The calculated VOC emissions from a noncomplying representative 
product, if the product had been reformulated to comply with the VOC 
standards specified in Sec. 59.203(a). The VOC emissions shall be 
calculated by using Equation 1.
[GRAPHIC] [TIFF OMITTED] TR11SE98.002

Where

ER = The VOC emissions from the noncomplying representative 
          product, had it been reformulated.
ENC = The VOC emissions from the noncomplying representative 
          product in its current formulation.
VOCSTD = The VOC standard specified in Sec. 59.203(a).
VOCNC = The VOC content of the noncomplying product in its 
          current formulation.

    (b) If a regulated entity demonstrates to the satisfaction of the 
Administrator that the equation in paragraph (a)(2) of the this section 
yields inaccurate results due to some characteristic of the product 
formulation or other factors, an alternate method that accurately 
calculates emissions may be used upon approval of the Administrator.
    (c) A regulated entity shall notify the Administrator in writing of 
its intent to enter into the market an innovative product meeting the 
requirements of paragraph (a) of this section. The Administrator must 
receive the written notification by the time the innovative product is 
available for sale

[[Page 337]]

or distribution to consumers. Notification shall include the information 
specified in paragraph (c)(1) and (c)(2) of this section.
    (1) Supporting documentation that demonstrates the emissions from 
the innovate product, including the actual physical test methods used to 
generate the data and, if necessary, the consumer testing undertaken to 
document product usage;
    (2) Any information necessary to enable the Administrator to 
establish enforceable conditions for the innovative product, including 
the VOC content of the innovative product expressed as a weight-
percentage, and test methods for determining the VOC content.
    (d) At the option of the regulated entity, the regulated entity may 
submit a written request for the Administrator's written concurrence 
that the innovative product fulfills the requirements of paragraph (a) 
of this section. If such a request is made, the Administrator will 
respond as specified in paragraphs (d)(1) through (d)(3) of this 
section.
    (1) The Administrator will determine within 30 days of receipt 
whether the documentation submitted in accordance with paragraph (d) of 
this section is complete.
    (2) The Administrator will determine whether the innovative product 
shall be exempt from the requirements of Sec. 59.203(a) within 90 days 
after an application has been deemed complete. The applicant and the 
Administrator may mutually agree to a longer time period for reaching a 
decision, and additional supporting documentation may be submitted by 
the applicant before a decision has been reached. The Administrator will 
notify the applicant of the decision in writing and specify such terms 
and conditions that are necessary to insure that emissions from the 
product will meet the emissions reductions specified in paragraph (a) of 
this section, and that such emissions reductions can be enforced.
    (3) If an applicant has been granted an exemption to a State or 
local regulation for an innovative product by a State or local agency 
whose criteria for exemption meet or exceed those provided for in this 
section, the applicant may submit the factual basis for such an 
exemption as part of the documentation required under paragraph (d) of 
this section. In such case, the Administrator will make the 
determination required under this paragraph within 45 days after the 
applications is considered complete.
    (e) In granting an exemption for a product, the Administrator will 
establish conditions that are enforceable. These conditions may include 
the VOC content of the innovative product, dispensing rates, application 
rates, and any other parameters determined by the Administrator to be 
necessary. The Administrator will also specify the test methods for 
determining conformance to the conditions established, including 
criteria for reproducibility, accuracy, and sampling and laboratory 
procedures.
    (f) For any product for which an exemption has been granted pursuant 
to this section, the regulated entity to whom the exemption was granted 
shall notify the Administrator in writing within 30 days after any 
change in the product formulation or recommended product usage 
directions, and shall also notify the Administrator within 30 days after 
the regulated entity learns of any information that would alter the 
emissions estimates submitted to the Administrator in support of the 
exemption application.
    (g) If lower VOC content limits are promulgated for a product 
category through any subsequent rulemaking, all exemptions granted under 
this section for products in the product category shall no longer apply 
unless the innovative product has been demonstrated to have VOC 
emissions less than the applicable revised VOC content limits.
    (h) If the Administrator determines that a consumer product for 
which an exemption has been granted no longer meets the VOC emissions 
criteria specified in paragraph (a) of this section for an innovative 
product, the Administrator may modify or revoke the exemption as 
necessary to assure that the product will meet these criteria. The 
Administrator will not modify or revoke an exemption without first 
affording the applicant an opportunity for a public hearing to determine 
if the

[[Page 338]]

exemption should be modified or revoked.

[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998]



Sec. 59.205  Labeling.

    (a) The container or package of each consumer product that is 
subject to this subpart shall clearly display the day, month, and year 
on which the product was manufactured, or a code indicating such date. 
The requirements of this provision shall not apply to products that are 
offered to consumers free of charge for the purposes of sampling the 
product.
    (b) In addition, the container or package for each charcoal lighter 
material that is subject to this subpart shall be labeled according to 
the provisions of Sec. 59.203(d)(2).



Sec. 59.206  Variances.

    (a) Any regulated entity who cannot comply with the requirements of 
this subpart because of extraordinary circumstances beyond reasonable 
control may apply in writing to the Administrator for a variance. The 
variance application shall include the information specified in 
paragraph (a)(1) through (a)(3) of this section.
    (1) The specific grounds up on which the variance is sought,
    (2) The proposed date(s) by which compliance with the provisions of 
this subpart will be achieved. Such date(s) shall be no later than 5 
years after the issuance of a variance; and
    (3) A compliance plan detailing the method(s) by which compliance 
will be achieved.
    (b) Upon receipt of a variance application containing the 
information required in paragraph (a) of this section, the Administrator 
will publish a notice of such application in the Federal Register and, 
if requested by any party, will hold a public hearing to determine 
whether, under what conditions, and to what extent, a variance from the 
requirements of this subpart is necessary and will be granted. If 
requested, a hearing will be held no later than 75 days after receipt of 
a variance application. Notice of the time and place of the hearing will 
be sent to the applicant by certified mail not less than 30 days prior 
to the hearing. At least 30 days prior to the hearing, the variance 
application will be made available to the public for inspection. 
Information submitted to the Administrator by a variance applicant may 
be claimed as confidential. The Administrator may consider such 
confidential information in reaching a decision on a variance 
application. Interested members of the public will be allowed a 
reasonable opportunity to testify at the hearing.
    (c) The Administrator will grant a variance if the criteria 
specified in paragraphs (c)(1) and (c)(2) of this section are met.
    (1) If there are circumstances beyond the reasonable control of the 
applicant so that complying with the provisions of this subpart by the 
compliance date would not be technologically or economically feasible, 
and
    (2) The compliance plan proposed by the applicant can be implemented 
and will achieve compliance as expeditiously as possible.
    (d) Any variance order will specify a final compliance date by which 
the requirements of this subpart will be achieved and increments of 
progress necessary to assure timely compliance.
    (e) A variance shall cease to be effective upon failure of the 
regulated entity to comply with any term or condition of the variance.
    (f) Upon the application of any party, the Administrator may review, 
and for good cause, modify or revoke a variance after holding a public 
hearing in accordance with the procedures described in paragraph (b) of 
this section.



Sec. 59.207  Test methods.

    Each manufacturer or importer subject to the provisions of 
Sec. 59.203(a) shall demonstrate compliance with the requirements of 
this subpart through calculation of the VOC content using records of the 
amounts of constituents used to manufacture the product.



Sec. 59.208  Charcoal lighter material testing protocol.

    (a) Each manufacturer or importer of charcoal lighter material 
subject to this subpart shall demonstrate compliance with the applicable 
requirements

[[Page 339]]

of Sec. 59.203(d) using the procedures specified in this section. Any 
lighter material that has received certification from California South 
Coast Air Quality Management District (SCAQMD) under their Rule 1174, 
Ignition Method Compliance Certification Testing Protocol, will be 
considered as having demonstrated compliance with the applicable 
requirements of this subpart using the procedures in this section.
    (b) The manufacturer or importer shall obtain from the testing 
laboratory conducting the testing, a report of findings, including all 
raw data sheets/charts and laboratory analytical data. The testing must 
demonstrate that VOC emissions resulting from the ignition of the 
barbecue charcoal are, on average, less than or equal to 9 grams per 
start. The manufacturer or importer shall maintain the report of 
findings.
    (c) When a charcoal lighter material does not fall within the 
testing guidelines of this protocol, the protocol may be modified 
following a determination by the Administrator that the modified 
protocol is an acceptable alternative to the method described in this 
section and written approval of the Administrator.
    (d) Meteorological and environmental criteria. (1) Testing shall be 
conducted under the following conditions:
    (i) Inlet combustion air temperature is 16 to 27 degrees Celsius (60 
to 80 degrees Fahrenheit) with a relative humidity of 20 to 80 percent;
    (ii) The charcoal and lighter material are stored 72 hours before 
testing in a location with a relative humidity between 45 and 65 
percent, and a temperature between 18 and 24 degrees Celsuis (65 to 75 
degrees Fahrenheit); and
    (iii) The outside wind speed, including gusts, may be no more than 
16 kilometers per hour (10 miles per hour) if the test stack is 
exhausted outdoors, or, if the test stack is exhausted indoors, indoor 
air must be stagnant.
    (2) Temperature and relative humidity of the combustion air shall be 
continuously monitored during the test. Temperature and relative 
humidity of the place where the charcoal and lighter material are stored 
prior to the test shall be monitored and recorded during the 72 hours 
immediately prior to the test. If the stack is exhausted outdoors, the 
continuous outdoor wind speed monitor shall be observed or recorded 
continuously during testing. If the wind speed monitor is manually 
observed rather than electronically recorded, the maximum wind speed 
observed during the test shall be recorded.
    (e) Definitions. For the purposes of this test protocol, the 
following definitions shall apply:
    (1) Baseline VOC emissions (Eb) means the 3.6 grams 
(0.008 pounds) per start of subject VOC mass emissions (calculated as 
CH2) resulting from the ignition of charcoal by electric 
probe.
    (2) Emission limit for VOC means 9 grams per start of resultant VOC 
emissions (Er), (expressed as CH2).
    (3) Equivalent means equipment that has been demonstrated to meet or 
exceed the performance, design, and operation specifications of the 
prescribed equipment. A demonstration that equipment or a test method is 
a suitable alternative requires written approval from the Administrator 
prior to compliance testing, based on an evaluation of comparative 
performance specifications and/or actual performance test data.
    (4) Ignition means the ready-to-cook condition of the charcoal 
determined by the temperature above the charcoal, the organic vapor 
concentration measured by the continuous organic emission monitor, and 
percent ash.
    (5) Ignition VOC emissions (eI)--means the grams (pounds) per start 
of total subject VOC mass emissions (expressed as CH2) 
resulting from the ignition of charcoal by the lighter material 
undergoing evaluation, including both charcoal and lighter material 
emissions.
    (6) labeled directions means those directions affixed to the 
charcoal lighter material which specify:
    (1) The amount of lighter material to use per kilogram (or pound) of 
charcoal, unless the lighter material is already impregnated or treated 
in the charcoal;
    (2) How to use or apply the lighter material; and
    (3) How and when to light the lighter material.

[[Page 340]]

    (7) Percent ash means a qualitative observation of the ratio of 
visible charcoal surface area ignited (grayish/white ash) to total 
charcoal surface area times 100.
    (8) Reference VOC emissions (Eep)--means the grams (pounds) per 
start of subject VOC mass emissions (calculated as CH2) 
resulting from the ignition of charcoal by the reference electric probe 
during the testing.
    (9) Resultant VOC emissions (Er)--means the ignition VOC emission 
(EI) less the reference VOC emissions (Eep) plus 
baseline emissions (Eb).
    (10) Start means a 25-minute period commencing from the instant that 
emissions may be released from the lighter material, either by 
evaporation or combustion, and further characterized such that by the 
end of said 25-minute period, ignition is achieved.
    (f) Test structure, equipment specifications, and reference 
materials. (1) The test structure is to be located in a building or 
fabricated total enclosure (i.e., with enclosed sides and top). The 
enclosure shall be such that there are no constant or intermittent air 
flows within it that cause fluctuations in the stack velocity and/or 
disruptions of air flow patterns within the test chamber containing the 
reference grill . (WARNING: If the stack is vented into the building 
enclosure, caution must be taken to avoid carbon monoxide poisoning and 
the reduction of oxygen.)
    (2) Test structure components. The following test structure 
components, as shown in figures 1 and 2 of Appendix A of this subpart, 
shall be used:
    (i) Test chamber--Standard large, prefabricated fireplace 
manufactured by MarcoD, \1\ Model No. C41CF, with flue damper 
removed; or a fabricated structure with the same dimensions. Spacers are 
required at the rear of the test chamber to ensure a constant 5-
centimeter (2-inch) distance between the reference grill and the rear 
wall of the test chamber.
---------------------------------------------------------------------------

    \1\ Note: Mention of trade names or specific products does not 
constitute endorsement by the EPA.
---------------------------------------------------------------------------

    (ii) Test stack--25-centimeter (10-inch) diameter galvanized steel 
ducting with velocity traverse port holes located approximately 8 
diameters downstream from the stack outlet of the fireplace chamber and 
sampling ports located approximately 2\1/2\ diameters downstream of the 
velocity traverse ports.
    (iii) Fan--25-centimeter (10-inch) diameter axial fan (duct fan) 
capable of maintaining an air velocity of 140 9 meters per minute (450 
30 feet per minute) and located in the stack approximately 3 diameters 
downstream of the sampling ports.
    (iv) Test stack insulation--The stack shall be insulated with 
fiberglass blanket insulation (or equivalent) with a minimum R-value of 
6.4, that totally surrounds the stack from the top of the fireplace to 
the level of the blower which minimizes temperature gradients in the 
stack and prevents hydrocarbons from condensing on the stack wall.
    (v) Stack mounts--Supports for fixing in position the stack velocity 
measurement device for measuring reference point velocity readings and 
the continuous organic emission monitor probe/meter.
    (vi) Blower speed control--A rheostat for controlling voltage to the 
fan.
    (3) Test equipment and materials. The following test equipment and 
materials shall be used:
    (i) Continuous recording device--A YEWD model 4088 dot 
matrix, roster scanning chart recorder, Omega strip recorder with a 
Strawberry Tree Data Acquisition System, or equivalent, shall be used to 
continuously (6-second cycle) record temperatures, velocity, and 
continuous organic emission monitor output signals. The recording may be 
done manually, recording temperature using a digital potentiometer (20-
second intervals), reference point velocity with a Pitot tube (20-second 
intervals), and continuous organic emission monitor readings with the 
analyzer's meter (10-second intervals).
    (ii) Grill temperature probe--A type ``K'' thermocouple silver 
soldered to a 7.6 centimeter (3-inch) square brass plate 0.083-
centimeter (0.033 inches) thick painted flat black using high 
temperature (>370 degrees Celsius [>700 degrees Fahrenheit]) paint; set 
on an adjustable stand to maintain 11 centimeters (4.5 inches) above the 
maximum height of the briquette pile and made

[[Page 341]]

such that it can be removed and replaced within the chamber.
    (iii) Stack temperature probe--The KurzD digital air velocity meter 
or a type ``K'' thermocouple shall be used.
    (iv) Stack velocity measurement device--The velocity in meters 
(feet) per minute for the reference point using a KurzD digital air 
velocity meter, DavisD DTA 4000 vane anemometer, or equivalent to method 
1A of 40 CFR part 60, appendix A.
    (v) Continuous organic emissions monitor--CenturyD Model 128 Organic 
Vapor Analyzer, RatfischD RS55 total hydrocarbon analyzer, or 
equivalent, with response in parts per million (ranges 0 to 10 parts per 
million, 0 to 100 parts per million, 0 to 1,000 parts per million).
    (vi) Temperature and humidity monitor--A chart recorder type with 
humidity accuracy of 3 percent from 15 to 85 percent.
    (vii) Wind speed and direction monitor--A wind speed and direction 
device meeting a tolerance of 10 percent.
    (viii) Analytical balance--An electronic scale with a resolution of 
a 2 grams.
    (ix) Charcoal stacking ring--Rigid metal cylinder 21.6 centimeters 
(8.5 inches) in diameter with indicators to determine that the pile of 
briquettes does not exceed 12.7 centimeters (5 inches) in height.
    (x) Camera--To document ignition condition of charcoal at the end of 
each start.
    (xi) Particulate filter--NuproD inline filter, Catalog Number SS-
4FW-2 with 0.64 centimeter (\1/4\-inch) Swagelok inlet and outlet or 
equivalent.
    (xii) Barbecue Grill--The charcoal shall be ignited in a WeberD ``Go 
Anywhere'' barbecue grill (Model Number #121001), 39.4 centimeters  24 
centimeters  12.7 centimeters (15.5 inch  9.5 inch  5.0 inch) with 
the grate 4.4 centimeters (1.75 inches) above the bottom of the grill, 
or another grill that meets these specifications. The grill shall be set 
on its bottom when placed in the test chamber and all grill air vents 
shall be in full open position.
    (xiii) Electric probe--A 600-watt electric probe shall be used for 
electric probe ignition tests.
    (xiv) Untreated charcoal--The laboratory conducting the testing 
shall purchase ``off the shelf'' untreated charcoal from a retail 
outlet. Charcoal shall not be provided by the manufacturer of the 
charcoal lighter material to be tested or by the charcoal manufacturer. 
The charcoal to be used is KingsfordD ``Original Charcoal Briquets.'' 
All untreated charcoal used in the certification testing of a single 
ignition source is to come from the same lot as indicated by the number 
printed on the bag.
    (xv) Treated or impregnated charcoal--If the charcoal lighter 
material to be tested is a substance used to treat or impregnate 
charcoal, the regulated entity shall provide to the laboratory 
conducting the tests a sample of impregnated charcoal. The sample shall 
be impregnated or treated barbecue charcoal that is ignited either 
outside of package or ignited by the package. If commercially available, 
the independent testing laboratory conducting the test shall purchase 
``off the shelf'' from a retail outlet.
    (g) Sampling and analytical methods. (1) Gas volumetric flow rate. 
Conduct a full velocity traverse using the stack velocity measurement 
device as shown in figure 3 of this Appendix A to this Subpart, or use 
Method 1A of 40 CFR part 60, appendix A. Continuously record a velocity 
reference point reading during each test run using a chart recorder or 
once every 20 seconds if using Method 1A. Calculate the volumetric flow 
rate using the gas velocity, moisture content, and the stack cross-
sectional area. For the purposes of this protocol, the static pressure 
shall be assumed to be atmospheric, the molar density correction factor 
in the stack to be 1.0, and the moisture content to be 2 percent.
    (2) Integrated VOC sample. Collect integrated VOC gas samples at the 
sampling port in the exhaust stack using a 40 CFR part 60, appendix A, 
Method 25 Total Combustion Analysis (TCA) sampling apparatus consisting 
of two evacuated 9-liter tanks, each equipped with flow controllers, 
vacuum gauges, and probes, as shown in figure 4 of Appendix A of this 
Subpart. Use 40 CFR part 60, appendix A, Method 25, SCAQMD Method 25.1 
(incorporated by

[[Page 342]]

reference--Sec. 59.213 of this subpart), or equivalent, for analysis. 
Carbon monoxide, carbon dioxide, methane, and non-methane organic carbon 
are analyzed by the TCA and TCA/Flame Ionization Detector (FID) methods. 
Oxygen content is determined by gas chromatography using a thermal 
conductivity detector. Clean particulate filters between use by heating 
to 760 degrees Celsius (1400 degrees Fahrenheit) while using compressed 
air as a carrier for cleaning and purging.
    (3) Continuous organic emissions monitor. A continuous organic 
emissions monitor which uses a continuous FID shall be used for each 
test run to measure the real time organic concentration of the exhaust 
as methane. Record the emission monitor response in parts per million 
continuously during the sampling period using a chart recorder or at 
least once every 10 seconds. The VOC analyzer shall be operated as 
prescribed in the manufacturer's directions unless otherwise noted in 
this protocol.
    (h) Pretest procedure. (1) Charcoal lighter material--charcoal. 
Before each test run, remove charcoal from a sealed bag that has been 
stored for at least 72 hours in a humidity and temperature controlled 
room which satisfies the requirements of paragraph (d)(1) of this 
section and weight out 0.9 kilograms (2 pounds) of charcoal briquettes, 
to the nearest whole briquette over 0.9 kilograms (2 pounds), of uniform 
shape with no broken pieces using an analytical balance. Reseal the bag. 
Charcoal must be ignited within 10 minutes after removal from bag. A 
sealed or resealed bag of charcoal cannot be stored at the test site for 
greater than 45 minutes. It must be returned to a humidity and 
temperature controlled room from 72 hours. The lighter material must be 
purchased, stored, weighed, and handled the same as the barbecue 
charcoal.
    (i) For the reference VOC emission tests using an electric probe, 
place a single layer of charcoal, slightly larger than the area/circle 
of the electric probe heating element, onto the grate. Place the heating 
element on top of this first layer and cover the heating element with 
the remaining charcoal briquettes.
    (ii) For the ignition VOC emissions tests, arrange the briquettes on 
the barbecue grate in the manner specified by the ignition 
manufacturer's directions. If these manufacturer's directions do not 
specify a stacking arrangement for the briquettes, randomly stack the 
briquettes in a pile using the stacking ring described in paragraph 
(f)(3)(ix) of this section.
    (2) Charcoal lighter material--or impregnated charcoal. Store, 
handle, weigh, and stack barbecue charcoal that is designed to be lit 
without the packaging, the same as in paragraph (h)(1) of this section. 
For those products which require both the package and charcoal be lit, 
weigh the whole package--do not remove charcoal. Weigh an empty package 
(not the same one to be used during the test). Subtract the package 
weight from the overall weight of the package and charcoal. The full 
package and empty package must be stored, handled, and weighed the same 
as in paragraph (h)(1) of this section. If the difference (the charcoal 
weight) is between 0.7 to 1.4 kilograms (1.5 to 3.0 pounds), the test 
may proceed. The emissions measured (E) in Equation 5 of paragraph 
(k)(7) of this section must be adjusted to a 0.9 kilogram (2-pound) 
charge. Place packaged barbecue charcoal on the grate in the manner 
specified by the manufacturer's directions.
    (3) Initial meteorological and environmental criteria in paragraph 
(d) shall be complied with.
    (4) The stack velocity must be set before each day of testing at 140 
9 meters per minute (450 30 feet per minute) by performing a velocity 
traverse as specified in paragraph (g)(1) of this section. The velocity 
will be attained by adjusting the axial fan speed using a rheostat.
    (5) The fireplace shall be conditioned at the start of each day 
before sampling tests by using a grill ignited by the electric probe. If 
a time period of over 60 minutes between sampling test runs occur, the 
condition step must be repeated.
    (6) Before each test run, leak check the continuous organic 
emissions monitor by blocking the flow to the probe. Allow the 
instrument to warm up for

[[Page 343]]

the duration specified by the manufacturer's directions. Select the 0 to 
100 parts per million range. Check the battery level and hydrogen 
pressure. Zero with hydrocarbon-free air (<0.1 parts per million 
hydrocarbons as methane) span with 90 parts per million methane in ultra 
pure air. Zero and span another instrument selection range if needed for 
test purposes.
    (7) Before the testing program begins, establish a point of average 
concentration of organics in the stack by using a continuous organic 
emissions monitor and a grill with charcoal ignited by the electric 
probe 40 minutes after initial release of emissions. Record the 
continuous organic emissions monitor traverse data.
    (8) Prepare the integrated VOC sampling equipment and perform the 
required leak checks. Fit the probes with nozzles housing two micron 
particulate filters. Insert the probes and nozzles into the sampling 
port to draw a sample of the exhaust gas from the point of average 
organic concentration as determined from the continuous organic 
emissions monitor sample traverse described in paragraph (h)(4) of this 
section. Also, position the nozzles such that they point downstream in 
the stack. Obtain the samples concurrently and continuously over the 
test run.
    (9) Insert the continuous organic emissions monitor probe into the 
sampling port to draw a sample of the exhaust gas from the point of 
average organic concentration as determined from the continuous organic 
emissions monitor sample traverse described in paragraph (h)(7) of this 
section.
    (i) Test procedure. The labeled directions, as defined in paragraph 
(e) of this section, shall be followed throughout the course of the 
testing. In cases where the directions are incompatible with this 
protocol, circumvent the intent of this protocol, or are unclear 
(subject to different interpretations) and inadequate, the Administrator 
must be informed in writing of the nature of the conflict, as well as 
the proposed resolution, prior to commencing testing. When the labeled 
directions for a charcoal lighter material do not fall within the 
testing guidelines of this protocol, the protocol may only be modified 
upon written approval of the Administrator.
    (1) Place the bottom of the barbecue grill on the floor of the 
fireplace, 5 centimeters (2 inches) from the rear wall. Ignite charcoal 
as specified by manufacturer's labeled directions.
    (2) For electric probe ignition, carefully remove probe without 
disturbing charcoal after 10 minutes of operation.
    (3) For fluid ignition, simultaneously match light fluid on charcoal 
and fluid that has fallen to the bottom of the grill.
    (4) Place the grill temperature probe 11 centimeters (4.5 inches) 
above the top of the charcoal immediately after the charcoal lighter 
material flame goes out, or before, if the lighter material does not 
flame.
    (5) Conduct at least six test runs for both the electric probe 
ignition and for the lighter material being evaluated. Alternate these 
lighter material for all 12 runs. All runs must be conducted over 3 
consecutive days or less. Alternatively, baseline emissions testing 
(using the electric probe) may be applied to other test runs provided 
the test runs occur within 4 months of the baseline testing. Integrated 
VOC sampling and continuous organic emissions monitoring begin for each 
test run when the charcoal lighter material and/or materials start to 
generate/release organics (this will be the time of pouring for lighter 
fluids and the time of ignition for most other ignition sources). 
Option: Because the manufacturer of treated or impregnated charcoal 
supplies both the lighter material and barbecue charcoal, they may apply 
the 9 grams VOC per start emission limit as an absolute value without an 
adjustment for the VOC emissions from an electric probe.
    (6) Sampling ends for each test run when all the following 
conditions are met:
    (i) The temperature 11 centimeters (4.5 inches) above the maximum 
height of the briquette pile, using the grill temperature probe 
described in paragraph (d)(3)(ii) of this section, is at least 93 
degrees Celsius (200 degrees Fahrenheit);
    (ii) The continuous organic emissions monitor is reading below 30 
parts per million for at least 2 minutes;

[[Page 344]]

    (iii) The test sampling has continued for 25 minutes (but not more) 
and
    (iv) The charcoal surface is 70 percent covered with ash (to be 
documented with photograph on top and 60 degrees above the horizon).
    (7) During the sampling test runs, temperatures (excluding ambient) 
and continuous organic emission monitor readings shall be recorded and 
shall comply with the requirements in paragraph (b) of this section. 
Humidity, wind speed, and ambient temperature readings shall be 
monitored and shall comply with the requirements in paragraph (b) of 
this section.
    (8) Collect one blank sample for VOC and one ambient air sample 
during one run of each day per paragraph (k) of this section.
    (j) Post-run procedure. (1) Record temperatures (including ambient), 
humidity, wind speed, and continuous organic emissions monitor reading.
    (2) Record the drift using zero and span gases. Leak check and span 
the continuous organic emissions monitor as described in paragraph 
(h)(6) of this section for the next run.
    (3) Leak check and disassemble the integrated VOC sampling equipment 
as described in Method 25 of 40 CFR part 60, appendix A or SCAQMD Method 
25.1 (incorporated by reference--see Sec. 59.213 of this subpart), or 
equivalent.
    (4) Thoroughly clean grill surfaces of all residue before conducting 
next ignition run.
    (k) Calculations. Calculations shall be carried out to at least one 
significant digit beyond that of the acquired data, and then rounded off 
after final calculation to two significant digits for each run. All 
rounding off of numbers should be in accordance with the American 
Society for Testing and Materials (ASTM) E 380-93, Standard Practice for 
Use of the SI International System of Units, procedures (incorporated by 
reference--see Sec. 59.213 of this subpart).
    (1) Calculate the average stack reference point temperature during 
sampling (tsr).
    (2) Calculate the average measured velocities (in meters per minute 
[feet per minute]): Traverse (ut), traverse reference point 
(utr), and reference point during sampling (usr).
    (3) Calculate the corrected average sampling velocity 
(us) by applying Equation 2:
[GRAPHIC] [TIFF OMITTED] TR11SE98.003

    (4) Calculate the average flow rate (Qs) in cubic meters 
per minute (cubic feet per minute) by applying Equation 3:
[GRAPHIC] [TIFF OMITTED] TR11SE98.004

Where

A = Duct cross-sectional area, (square meters [square feet]

    (5) Correct the flow rate to dry standard conditions 
(Qds) by applying Equation 4. Assume the static pressure to 
be atmospheric and the molar density correction factor to be 1.0
[GRAPHIC] [TIFF OMITTED] TR11SE98.005

Where

Ts = 289 K (520 R)
TS = 273 K (460 R)
H = Percent moisture-100
 = 0.02

    (6) Calculate the average total gaseous non-methane organic carbon 
for each duplicate sample run analyzed.
    (7) Calculate the grams (pounds) of VOC as CH2 emitted 
per start (normalized to 0.9 kilograms [2 pounds] of charcoal) for each 
run using Equation 5:
[GRAPHIC] [TIFF OMITTED] TR11SE98.006

Where

E = Emissions of VOC per start for each test run (grams VOC/start 
          [pounds VOC/start])
A = Hydrocarbon molecular weight
 = 14.0268 grams per gram-mole (14.0268 pounds per pound-mole)
B = Carbon number
   = 1
C = Average concentration for each duplicate run of total gaseous 
          nonmethane organic compounds as CO2 (parts per 
          million, from lab analysis sheet)
D = Sampling duration
   = 25 minutes

[[Page 345]]

d = Molar density of gas at standard conditions
   = 42.33 gram-mole per cubic meter (0.0026353 pound-mole per cubic 
          foot)
N = Normalized mass (0.9 kilograms [2 pounds])
M = Mass of charge (kilograms [pounds])

    (8) Calculate the average VOC emissions for each lighter material 
tested. Identify and discard statistical outliers. Note a minimum of 
five valid results are required for a determination. This procedure for 
eliminating an outlier may only be performed once for each lighter 
material tested.
    (9) Using Equation 6, calculate the resultant VOC emissions per 
start (Er) and determine if it is less than or equal to the 9 
grams VOC per start emission limit.
[GRAPHIC] [TIFF OMITTED] TR11SE98.007

Where

ei = Average emissions of VOC per start from the charcoal 
          lighter material being evaluated (grams VOC/start [pounds VOC/
          start] expressed as CH2)
eep = Average reference VOC emissions per start from the 
          ignition by electric probe (grams VOC/start [pounds VOC/start] 
          expressed as CH2)
   = 0 grams VOC/start (0 pounds VOC/start) for treated or impregnated 
          charcoal
Eb = Standard baseline VOC emissions per start from the 
          ignition by electric probe (expressed as CH2)
   = 0 grams VOC/start (0 pounds VOC/start) for treated or impregnated 
          charcoal
   = 3.6 grams VOC/start (0.008 pounds VOC/start) for all other charcoal 
          lighter material

    (l) Recordkeeping. A record of the following charcoal lighter 
material compliance test information shall be kept for at least 5 years:
    (1) Real time temperature and continuous organic emissions monitor 
readings from continuous chart recorder and/or manual reading of 
temperatures and the continuous organic emissions monitor output.
    (2) A description of quality assurance/quality control (QA/QC) 
procedures followed for all measuring equipment and calibration test 
data.
    (3) A description of QA/QC procedures followed for all sampling and 
analysis equipment and calibration test data.
    (4) Time and quantity of blanks and ambient air samples.
    (5) Chain of custody for samples.
    (6) Labeled directions.
    (7) Field notes and data sheets.
    (8) Calculation/averaging sheets/printouts.
    (9) Sample (in its normal package from the same lot) of barbecue 
charcoal and lighter material used for testing.
    (10) Formulation of lighter material tested (indicate if the 
information is to be handled confidentially).
    (11) Photographs documenting charcoal surface ash coverage.
    (m) Quality Assurance/Quality Control (QA/QC) Requirements. The QA/
QC guidelines in the EPA's Quality Assistance Handbook (EPA 600.4-77-
027b) shall be followed. In addition, the following procedures shall be 
used:
    (1) A blank sample for VOC shall be performed once each day, during 
the start period of one of the lighter materials, using the integrated 
VOC sampling apparatus.
    (2) An ambient air sample for VOC shall be taken once each day, 
during the start period of one of the lighter materials, using the 
integrated VOC sampling apparatus with NuproD 2 micron filters.
    (3) Traceability certificates shall be provided for all calibration 
gases used for the continuous organic emissions monitor and integrated 
VOC analysis.
    (4) Grill temperature probe shall be calibrated using the procedures 
in ASTM Method E220-86 (incorporated by reference as specified in United 
States Sec. 59.213).
    (5) Supply documentation for place of purchase (or origin if 
experimental) and chain of custody for lighter material tested. 
Documentation to be included for both treated and impregnated charcoal.
    (6) Supply documentation for place of purchase and chain of custody 
for untreated charcoal.

[63 FR 48815, Sept. 11, 1998; 63 FR 52319, Sept. 30, 1998]



Sec. 59.209  Recordkeeping and reporting requirements.

    (a) The distributor that is named on the product label shall 
maintain the records specified in paragraphs (a)(1) and (a)(2) of this 
section, unless the manufacturer or importer has submitted to the 
Administrator a written

[[Page 346]]

certification that the manufacturer or importer will maintain the 
records for the distributor in accordance with paragraph (a)(3) of this 
section. If no distributor is named on the label, the manufacturer or 
importer must maintain the specified records. The records must be 
retained for at least 3 years and must be in a form suitable and readily 
available for inspection and review.
    (1) Records or formulations being manufactured or imported on or 
after December 10, 1998 for all consumer products subject to 
Sec. 59.213(a), or December 10, 1999 for all consumer products subject 
to Sec. 59.203(c) and
    (2) Accurate records for each batch of production, starting on 
December 10, 1998 for all consumer products subject to Sec. 59.203(a) or 
December 10, 1999 for all consumer products subject to Sec. 59.203(c), 
of the weight-percent and chemical composition of the individual product 
constituents.
    (3) By providing this written certification to the Administrator, 
the certifying manufacturer accepts responsibility for compliance with 
the recordkeeping requirements in paragraphs (a)(1) and (a)(2) of this 
section with respect to any products covered by the written 
certification. Failure to maintain the required records may result in 
enforcement action by the EPA against the certifying manufacturer in 
accordance with the enforcement provisions applicable to violations of 
these provisions by regulated entities. The certifying manufacturer may 
revoke the written certification by sending a written statement to the 
Administrator and the regulated entity giving at least 90 days notice 
that the certifying manufacturer is rescinding acceptance of 
responsibility for compliance with the recordkeeping requirements listed 
in this paragraph. Upon expiration of the notice period, the regulated 
entity must assume responsibility for maintaining the records specified 
in this paragraph. Written certifications and revocation statements, to 
the Administrator from the certifying manufacturer shall be signed by 
the responsible official of the certifying manufacturer, provide the 
name and address of the certifying manufacturer, and be sent to the 
appropriate EPA Regional Office at the addresses listed in Sec. 59.210 
of this subpart. Such written certifications are not transferable by the 
manufacturer.
    (b) If requested by the Administrator, product VOC content must be 
demonstrated to the Administrator's satisfaction to comply with the VOC 
content limits presented in Sec. 59.203(a).
    (c) Each manufacturer or importer subject to the provisions of 
Sec. 59.203(d) shall maintain records specified in either paragraph 
(c)(1) or (c)(2) of this section for each charcoal lighter material.
    (1) Test report from each certification test performed as specified 
in Sec. 59.208(b) and all information and data specified in 
Sec. 59.208(l); or
    (2) Records of emission testing, which was performed by a method 
determined by the Administrator to be an acceptable alternative to that 
described in Sec. 59.208, previously submitted to a State or local 
regulatory agency.
    (d) The distributor that is named on the product label, or if no 
distributor is named on the label, the manufacturer or importer, shall 
submit by the applicable compliance date, or within 30 days after 
becoming a regulated entity, a one-time Initial Notification Report 
including the information specified in paragraphs (d)(1) through (d)(5) 
of this section.
    (1) Company name;
    (2) Name, title, phone number, address, and signature or certifying 
company official;
    (3) A list of product categories and subcategories subject to 
Sec. 59.203 for which the company is currently the regulated entity;
    (4) A description of date coding systems, clearly explaining how the 
date of manufacture is marked on each sales unit of subject consumer 
products; and
    (5) The name and location of the designated recordkeeping agent, if 
the records specified in paragraphs (a)(1) and (a)(2) are to be 
maintained by the manufacturer.
    (e) If a regulated entity changes the date coding system reported 
according to paragraph (d)(4) of this section, the regulated entity 
shall notify the Administrator of such changes within 30 days following 
the change.

[[Page 347]]

    (f) If requested by the Administrator, the following information 
shall be made available within 30 days after receiving the request:
    (1) Location of facility(ies) manufacturing, importing, or 
distributing subject consumer products;
    (2) A list of product categories and subcategories, as found in 
tables 1 and 2 of this subpart, that are manufactured, imported, or 
distributed at each facility; and
    (3) Location where VOC content records are kept for each subject 
consumer product.
    (g) Each manufacturer or importer subject to the innovative product 
provisions in Sec. 49.204 shall submit notifications as indicated in 
Sec. 59.204(d) and (e).



Sec. 59.210  Addresses of EPA Regional Offices.

    All requests, reports, submittals, and other communications to the 
Administrator pursuant to this regulation shall be submitted to the 
Regional Office of the EPA which serves the State or territory in which 
the corporate headquarters of the regulated entity resides. These areas 
are indicated in the following list of EPA Regional Offices:

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Office of Ecosystem Protection, 5 Post 
Office Square--Suite 100, Boston, MA 02109-3912.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Division of Environmental Planning and Protection, 290 
Broadway, New York, NY 10007.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air, Radiation, and Toxics Division, 
841 Chestnut Building, Philadelphia, PA 19107.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air, Pesticides, and 
Toxics Management Division, 61 Forsyth Street, Atlanta, GA 30303.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 
60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
Director, Multimedia Planning and Permitting Division, 1445 Ross Avenue, 
Dallas, TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming), Director, Office of Pollution Prevention, State, and Tribal 
Assistance, 999 18th Street, Suite 500, Denver, Colorado 80202-2466.
EPA Region IX (Arizona, California, Hawaii and Nevada; the territories 
of American Samoa and Guam; the Commonwealth of the Northern Mariana 
Islands; the territories of Baker Island, Howland Island, Jarvis Island, 
Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake 
Islands; and certain U.S. Government activities in the freely associated 
states of the Republic of the Marshall Islands, the Federated States of 
Micronesia, and the Republic of Palau), Director, Air Division, 75 
Hawthorne Street, San Francisco, CA 94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Office of 
Air Quality, 1200 Sixth Avenue, Seattle, WA 98101.

[63 FR 48831, Sept. 11, 1998, as amended at 75 FR 69349, Nov. 12, 2010; 
76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013]



Sec. 59.211  State authority.

    (a) The provisions in this regulation shall not be construed in any 
manner to preclude any State or political subdivision thereof from:
    (1) Adopting and enforcing any emission standard or limitation 
applicable to a regulated entity.
    (2) Requiring the regulated entity to obtain permits, licenses, or 
approvals prior to initiating construction, modification, or operation 
of a facility for manufacturing a consumer product.
    (b) [Reserved]



Sec. 59.212  Circumvention.

    No regulated entity subject to these standards shall alter, destroy, 
or falsify any record or report to conceal what would otherwise be 
noncompliance with these standards. Such concealment includes, but is 
not limited to refusing to provide the Administrator access to all 
required records and date-coding information, altering the percent VOC 
content of a product batch, or altering the results of any required 
performance tests.



Sec. 59.213  Incorporations by reference.

    (a) The materials listed in this section are incorporated by 
reference in the paragraphs noted in Sec. 59.207. These

[[Page 348]]

incorporations by reference were approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
materials are incorporated as they exist on the date of the approval, 
and notice of any changes in these materials will be published in the 
Federal Register. The materials are available for purchase at the 
corresponding addresses noted below, and all are available for 
inspection at the Air and Radiation Docket and Information Center, U.S. 
EPA, 401 M St., SW., Washington, DC 20460, the EPA Library (MD-35), U.S. 
EPA, Research Triangle Park, NC 27711, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (b) The materials listed below are available for purchase from at 
least one of the following addresses: American Society for Testing and 
Materials (ASTM), 1916 Race Street, Philadelphia, PA, 19103; SCAQMD 
Subscription Services, P.O. Box 4932; 21865 Copley Drive, Diamond Bar, 
CA 91765-0932; or University Microfilms International, 300 North Zeeb 
Road, Ann Arbor MI, 48106.
    (1) ASTM Method E220-86 Standard Method for Calibration of 
Thermocouples by Comparisons Techniques, incorporation by reference 
(IBR) approved for Sec. 59,208(m)(4).
    (2) ASTM Method E380-82 Metric Practice, IBR approved for 
Sec. 59.208(k).
    (3) SCAQMD Method 25.1, March 1989 Determination of Total Gaseous 
Non-Methane Organic Emissions as Carbon (amended February 26, 1991) IBR 
approved for Sec. 59.208(g)(2).

[63 FR 48831, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 59.214  Availability of information and confidentiality.

    (a) Availability of information. Specific reports or records 
required by this subpart are not available to the public. The 
Administrator will, upon request, provide information as to the 
compliance status of a product or regulated entity.
    (b) Confidentiality. All confidential business information entitled 
to protection under section 114(c) of the CAA that must be submitted or 
maintained by a regulated entity pursuant to this section shall be 
treated in accordance with 40 CFR part 2, Subpart B.



  Sec. Table 1 to Subpart C of Part 59--VOC Content Limits by Product 
                                Category

------------------------------------------------------------------------
                                                            VOC content
                    Product category                      limit (weight-
                                                           percent VOC)
------------------------------------------------------------------------
Air fresheners:
    Single-phase........................................              70
    Double-phase........................................              30
    Liquids/pump sprays.................................              18
    Solids/gels.........................................               3
Automotive windshield washer fluid......................              35
Bathroom and tile cleaners:
    Aerosols............................................               7
    All other forms.....................................               5
Carburetor and choke cleaners...........................              75
    Cooking sprays--aerosol.............................              18
Dusting aids:
    Aerosols............................................              35
    All other forms.....................................               7
Engine degreasers.......................................              75
Fabric protectants......................................              75
Floor polishes/waxes:
    Products for flexible flooring materials............               7
    Products for nonresilient flooring..................              10
    Wood floor wax......................................              90
Furniture maintenance products-aerosol..................              25
General purpose cleaners................................              10
Glass cleaners:
    Aerosols............................................              12
    All other forms.....................................               8
Hairsprays..............................................              80
Hair mousses............................................              16
Hair Styling gels.......................................               6
Household adhesives:
    Aerosols............................................              75
    Contact.............................................              80
    Construction and panel..............................              40
    General purpose.....................................              10
    Structural waterproof...............................              15
Insecticides:
    Crawling bug........................................              40
    Flea and tick.......................................              25
    Flying bug..........................................              35
    Foggers.............................................              45
    Lawn and Garden.....................................              20
Laundry prewash:
    Aerosols/solids.....................................              22
    All other forms.....................................               5
Laundry starch products.................................               5
Nail polish removers....................................              85
Oven cleaners:
    Aerosols/pump.......................................               8
    Liquids.............................................               5
Shaving creams..........................................               5
------------------------------------------------------------------------


[[Page 349]]



   Sec. Table 2 to Subpart C of Part 59--HVOC \1\ Content Limits for 
            Underarm Deodorants and Underarm Antiperspirants

------------------------------------------------------------------------
                                                           Percent HVOC
                                                           content limit
                    Product category                         (weight-
                                                           percent HVOC)
------------------------------------------------------------------------
Underarm antiperspirants--aerosol.......................              60
Underarm deodorants--aerosol............................              20
------------------------------------------------------------------------
\1\ High-volatility organic compound (HVOC) are VOC with vapor pressure
  greater than 80 millimeters of mercury at 20 degrees Celsius.


[[Page 350]]



            Sec. Appendix A to Subpart C of Part 59--Figures
[GRAPHIC] [TIFF OMITTED] TR11SE98.008


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[GRAPHIC] [TIFF OMITTED] TR11SE98.009


[[Page 352]]


[GRAPHIC] [TIFF OMITTED] TR11SE98.010


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[GRAPHIC] [TIFF OMITTED] TR11SE98.011


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  Subpart D_National Volatile Organic Compound Emission Standards for 
                         Architectural Coatings

    Source: 63 FR 48877, Sept. 11, 1998, unless otherwise noted.



Sec. 59.400  Applicability and compliance dates.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
the provisions of this subpart apply to each architectural coating 
manufactured on or after September 13, 1999 for sale or distribution in 
the United States.
    (b) For any architectural coating registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136, et 
seq.), the provisions of this subpart apply to any such coating 
manufactured on or after March 13, 2000 for sale or distribution in the 
United States.
    (c) The provisions of this subpart do not apply to any architectural 
coating described in paragraphs (c)(1) through (c)(5) of this section:
    (1) A coating that is manufactured for sale or distribution to 
architectural coating markets outside the United States; such a coating 
must not be sold or distributed within the United States as an 
architectural coating.
    (2) A coating that is manufactured prior to September 13, 1999.
    (3) A coating that is sold in a nonrefillable aerosol container.
    (4) A coating that is collected and redistributed at a paint 
exchange.
    (5) A coating that is sold in a container with a volume of one liter 
or less.



Sec. 59.401  Definitions.

    Act means the Clean Air Act (42 U.S.C. 7401, et seq., as amended by 
Pub. L. 101-549, 104 Stat. 2399).
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together other than by mechanical means. 
Under this subpart, adhesives are not considered coatings.
    Administrator means the Administrator of the United States 
Environmental Protection Agency (U.S. EPA) or an authorized 
representative.
    Antenna coating means a coating formulated and recommended for 
application to equipment and associated structural appurtenances that 
are used to receive or transmit electromagnetic signals.
    Anti-fouling coating means a coating formulated and recommended for 
application to submerged stationary structures and their appurtenances 
to prevent or reduce the attachment of marine or freshwater biological 
organisms, including, but not limited to, coatings registered with the 
EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. Section 136, et seq.) and nontoxic foul-release coatings.
    Anti-graffiti coating means a clear or opaque high performance 
coating formulated and recommended for application to interior and 
exterior walls, doors, partitions, fences, signs, and murals to deter 
adhesion of graffiti and to resist repeated scrubbing and exposure to 
harsh solvents, cleansers, or scouring agents used to remove graffiti.
    Appurtenance means any accessory to a stationary structure, whether 
installed or detached at the proximate site of installation, including 
but not limited to: bathroom and kitchen fixtures; cabinets; concrete 
forms; doors; elevators; fences; hand railings; heating equipment, air 
conditioning equipment, and other fixed mechanical equipment or 
stationary tools; lamp posts; partitions; pipes and piping systems; rain 
gutters and downspouts; stairways, fixed ladders, catwalks, and fire 
escapes; and window screens.
    Architectural coating means a coating recommended for field 
application to stationary structures and their appurtenances, to 
portable buildings, to pavements, or to curbs. This definition excludes 
adhesives and coatings recommended by the manufacturer or importer 
solely for shop applications or solely for application to non-stationary 
structures, such as airplanes, ships, boats, and railcars.
    Below-ground wood preservative means a coating that is formulated 
and recommended to protect below-ground wood from decay or insect attack 
and that is registered with the EPA under the Federal Insecticide, 
Fungicide, and

[[Page 355]]

Rodenticide Act (7 U.S.C. Section 136, et seq.).
    Bituminous coating and mastic means a coating or mastic formulated 
and recommended for roofing, pavement sealing, or waterproofing that 
incorporates bitumens. Bitumens are black or brown materials including, 
but not limited to, asphalt, tar, pitch, and asphaltite that are soluble 
in carbon disulfide, consist mainly of hydrocarbons, and are obtained 
from natural deposits of asphalt or as residues from the distillation of 
crude petroleum or coal.
    Bond breaker means a coating formulated and recommended for 
application between layers of concrete to prevent a freshly poured top 
layer of concrete from bonding to the layer over which it is poured.
    Calcimine recoater means a flat solventborne coating formulated and 
recommended specifically for recoating calcimine-painted ceilings and 
other calcimine-painted substrates.
    Chalkboard resurfacer means a coating formulated and recommended for 
application to chalkboards to restore a suitable surface for writing 
with chalk.
    Clear means allowing light to pass through, so that the substrate 
may be distinctly seen.
    Coating means a material applied onto or impregnated into a 
substrate for protective, decorative, or functional purposes. Such 
materials include, but are not limited to, paints, varnishes, sealants, 
inks, maskants, and temporary coatings. Protective, decorative, or 
functional materials that consist only of solvents, acids, bases, or any 
combination of these substances are not considered coatings for the 
purposes of this subpart.
    Colorant means a concentrated pigment dispersion of water, solvent, 
and/or binder that is added to an architectural coating in a paint store 
or at the site of application to produce the desired color.
    Concrete curing compound means a coating formulated and recommended 
for application to freshly placed concrete to retard the evaporation of 
water.
    Concrete curing and sealing compound means a liquid membrane-forming 
compound marketed and sold solely for application to concrete surfaces 
to reduce the loss of water during the hardening process and to seal old 
and new concrete providing resistance against alkalis, acids, and 
ultraviolet light, and provide adhesion promotion qualities. The coating 
must meet the requirements of American Society for Testing and Materials 
(ASTM) C 1315-95, Standard Specification for Liquid Membrane-Forming 
Compounds Having Special Properties for Curing and Sealing Concrete 
(incorporated by reference--see Sec. 59.412 of this subpart).
    Concrete protective coating means a high-build coating, formulated 
and recommended, for application in a single coat over concrete, 
plaster, or other cementitious surfaces. These coatings are formulated 
to be primerless, one-coat systems that can be applied over form oils 
and/or uncured concrete. These coatings prevent spalling of concrete in 
freezing temperatures by providing long-term protection from water and 
chloride ion intrusion.
    Concrete surface retarder means a mixture of retarding ingredients 
such as extender pigments, primary pigments, resin, and solvent that 
interact chemically with the cement to prevent hardening on the surface 
where the retarder is applied, allowing the retarded mix of cement and 
sand at the surface to be washed away to create an exposed aggregate 
finish.
    Container means the individual receptacle that holds the coating for 
storage and/or sale or distribution.
    Conversion varnish means a clear acid curing coating with an alkyd 
or other resin blended with amino resins and supplied as a single 
component or two-component product. Conversion varnishes produce a hard, 
durable, clear finish designed for professional application to wood 
flooring. The film formation is the result of an acid-catalyzed 
condensation reaction, affecting a transetherification at the reactive 
ethers of the amino resins.
    Dry fog coating means a coating formulated and recommended only for 
spray application such that overspray droplets dry before subsequent 
contact with incidental surfaces in the vicinity of the surface coating 
activity.
    Exempt compounds means specific organic compounds that are not 
considered volatile organic compounds (VOC)

[[Page 356]]

due to negligible photochemical reactivity. The exempt compounds are 
specified in 40 CFR 51.100.
    Exterior coating means an architectural coating formulated and 
recommended for use in conditions exposed to the weather.
    Extreme high durability coating means an air dry coating, including 
a fluoropolymer-based coating, that is formulated and recommended for 
touchup of precoated architectural aluminum extrusions and panels and to 
ensure the protection of architectural subsections, and that meets the 
weathering requirements of American Architectural Manufacturer's 
Association (AAMA) specification 605-98, Voluntary Specification 
Performance Requirements and Test Procedures for High Performance 
Organic Coatings on Aluminum Extrusions and Panels, Section 7.9 
(incorporated by reference--see Sec. 59.412 of this subpart).
    Faux-finishing/glazing means a coating used for wet-in-wet 
techniques, such as faux woodgrain, faux marble, and simulated aging, 
which require the finish to remain wet for an extended period of time.
    Fire-retardant/resistive coating means a coating formulated and 
recommended to retard ignition and flame spread, or to delay melting or 
structural weakening due to high heat, that has been fire tested and 
rated by a certified laboratory for use in bringing buildings and 
construction materials into compliance with Federal, State, and local 
building code requirements.
    Flat coating means a coating that is not defined under any other 
definition in this section and that registers gloss less than 15 on an 
85-degree meter or less than 5 on a 60-degree meter according to ASTM 
Method D 523-89, Standard Test Method for Specular Gloss (incorporated 
by reference--see Sec. 59.412 of this subpart).
    Floor coating means an opaque coating with a high degree of abrasion 
resistance that is formulated and recommended for application to 
flooring including, but not limited to, decks, porches, and steps in a 
residential setting.
    Flow coating means a coating that is used by electric power 
companies or their subcontractors to maintain the protective coating 
systems present on utility transformer units.
    Form release compound means a coating formulated and recommended for 
application to a concrete form to prevent the freshly placed concrete 
from bonding to the form. The form may consist of wood, metal, or some 
material other than concrete.
    Graphic arts coating or sign paint means a coating formulated and 
recommended for hand-application by artists using brush or roller 
techniques to indoor or outdoor signs (excluding structural components) 
and murals including lettering enamels, poster colors, copy blockers, 
and bulletin enamels.
    Heat reactive coating means a high performance phenolic-based 
coating requiring a minimum temperature of 191 C (375 F) to 204 C 
(400 F) to obtain complete polymerization or cure. These coatings are 
formulated and recommended for commercial and industrial use to protect 
substrates from degradation and maintain product purity in which one or 
more of the following extreme conditions exist:
    (1) Continuous or repeated immersion exposure of 90 to 98 percent 
sulfuric acid, or oleum;
    (2) Continuous or repeated immersion exposure to strong organic 
solvents;
    (3) Continuous or repeated immersion exposure to petroleum 
processing at high temperatures and pressures; and
    (4) Continuous or repeated immersion exposure to food or 
pharmaceutical products which may or may not require high temperature 
sterilization.
    High temperature coating means a high performance coating formulated 
and recommended for application to substrates exposed continuously or 
intermittently to temperatures above 202 C (400 F).
    Impacted immersion coating means a high performance maintenance 
coating formulated and recommended for application to steel structures 
subject to immersion in turbulent, debris-laden water. These coatings 
are specifically resistant to high-energy impact damage caused by 
floating ice or debris.
    Imported means that a coating manufactured outside the United States 
has been brought into the United States for sale or distribution.

[[Page 357]]

    Importer means a person that brings architectural coatings into the 
United States for sale or distribution within the United States. This 
definition does not include any person that brings a coating into the 
United States and repackages the coating by transferring it from one 
container to another, provided the coating VOC content is not altered 
and the coating is not sold or distributed to another party. For 
purposes of applying this definition, divisions of a company, 
subsidiaries, and parent companies are considered to be a single 
importer.
    Industrial maintenance coating means a high performance 
architectural coating, including primers, sealers, undercoaters, 
intermediate coats, and topcoats formulated and recommended for 
application to substrates exposed to one or more of the following 
extreme environmental conditions in an industrial, commercial, or 
institutional setting:
    (1) Immersion in water, wastewater, or chemical solutions (aqueous 
and nonaqueous solutions), or chronic exposure of interior surfaces to 
moisture condensation;
    (2) Acute or chronic exposure to corrosive, caustic, or acidic 
agents, or to chemicals, chemical fumes, or chemical mixtures or 
solutions;
    (3) Repeated exposure to temperatures above 120 C (250 F);
    (4) Repeated (frequent) heavy abrasion, including mechanical wear 
and repeated (frequent) scrubbing with industrial solvents, cleansers, 
or scouring agents; or
    (5) Exterior exposure of metal structures and structural components.
    Interior clear wood sealer means a low viscosity coating formulated 
and recommended for sealing and preparing porous wood by penetrating the 
wood and creating a uniform smooth substrate for a finish coat of paint 
or varnish.
    Interior coating means an architectural coating formulated and 
recommended for use in conditions not exposed to natural weathering.
    Label means any written, printed, or graphic matter affixed to, 
applied to, attached to, blown into, formed, molded into, embossed on, 
or appearing upon any architectural coating container for purposes of 
branding, identifying, or giving information with respect to the 
product, use of the product, or contents of the container.
    Lacquer means a clear or pigmented wood finish, including clear 
lacquer sanding sealers, formulated with cellulosic or synthetic resins 
to dry by evaporation without chemical reaction and to provide a solid, 
protective film. Lacquer stains are considered stains, not lacquers.
    Low solids means containing 0.12 kilogram or less of solids per 
liter (1 pound or less of solids per gallon) of coating material and for 
which at least half of the volatile component is water.
    Magnesite cement coating means a coating formulated and recommended 
for application to magnesite cement decking to protect the magnesite 
cement substrate from erosion by water.
    Manufactured means that coating ingredients have been combined and 
put into containers that have been labeled and made available for sale 
or distribution.
    Manufacturer means a person that produces, packages, or repackages 
architectural coatings for sale or distribution in the United States. A 
person that repackages architectural coatings as part of a paint 
exchange, and does not produce, package, or repackage any other 
architectural coatings for sale or distribution in the United States, is 
excluded from this definition. A person that repackages a coating by 
transferring it from one container to another is excluded from this 
definition, provided the coating VOC content is not altered and the 
coating is not sold or distributed to another party. For purposes of 
applying this definition, divisions of a company, subsidiaries, and 
parent companies are considered to be a single manufacturer.
    Mastic texture coating means a coating formulated and recommended to 
cover holes and minor cracks and to conceal surface irregularities, and 
is applied in a single coat of at least 10 mils (0.010 inch) dry film 
thickness.
    Megagram means one million grams or 1.102 tons.
    Metallic pigmented coating means a nonbituminous coating containing 
at least 0.048 kilogram of metallic pigment per liter of coating (0.4 
pound per

[[Page 358]]

gallon) including, but not limited to, zinc pigment.
    Multi-colored coating means a coating that is packaged in a single 
container and exhibits more than one color when applied.
    Nonferrous ornamental metal lacquers and surface protectant means a 
clear coating formulated and recommended for application to ornamental 
architectural metal substrates (bronze, stainless steel, copper, brass, 
and anodized aluminum) to prevent oxidation, corrosion, and surface 
degradation.
    Nonflat coating means a coating that is not defined under any other 
definition in this section and that registers a gloss of 15 or greater 
on an 85-degree meter or 5 or greater on a 60-degree meter according to 
ASTM Method D 523-89, Standard Test Method for Specular Gloss 
(incorporated by reference--see Sec. 59.412 of this subpart).
    Nuclear coating means a protective coating formulated and 
recommended to seal porous surfaces such as steel (or concrete) that 
otherwise would be subject to intrusion by radioactive materials. These 
coatings must be resistant to long-term (service life) cumulative 
radiation exposure (ASTM Method D 4082-89, Standard Test Method for 
Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear 
Power Plants (incorporated by reference--see Sec. 59.412 of this 
subpart)), relatively easy to decontaminate, and resistant to various 
chemicals to which the coatings are likely to be exposed (ASTM Method D 
3912-80 (Reapproved 1989), Standard Test Method for Chemical Resistance 
of Coatings Used in Light-Water Nuclear Power Plants (incorporated by 
reference--see Sec. 59.412 of this subpart)).
    Opaque means not allowing light to pass through, so that the 
substrate is concealed from view.
    Paint exchange means a program in which consumers, excluding 
architectural coating manufacturers and importers, may drop off and pick 
up usable post-consumer architectural coatings in order to reduce 
hazardous waste.
    Person means an individual, corporation, partnership, association, 
State municipality, political subdivision of a State, and any agency, 
department, or instrumentality of the United States and any officer, 
agent, or employee thereof.
    Pigmented means containing finely ground insoluble powder used to 
provide one or more of the following properties: color; corrosion 
inhibition; conductivity; fouling resistance; opacity; or improved 
mechanical properties.
    Post-consumer coating means an architectural coating that has 
previously been purchased by a consumer or distributed to a consumer but 
not applied, and reenters the marketplace to be purchased by or 
distributed to a consumer. Post-consumer coatings include, but are not 
limited to, coatings collected during hazardous waste collection 
programs for repackaging or blending with virgin coating materials.
    Pretreatment wash primer means a primer that contains a minimum of 
0.5 percent acid, by weight, that is formulated and recommended for 
application directly to bare metal surfaces in thin films to provide 
corrosion resistance and to promote adhesion of subsequent topcoats.
    Primer means a coating formulated and recommended for application to 
a substrate to provide a firm bond between the substrate and subsequent 
coatings.
    Quick-dry enamel means a nonflat coating that has the following 
characteristics:
    (1) Is capable of being applied directly from the container under 
normal conditions with ambient temperatures between 16 and 27 C (60 and 
80 F);
    (2) When tested in accordance with ASTM Method D 1640-83 (Reapproved 
1989), Standard Test Methods for Drying, Curing, or Film Formation of 
Organic Coatings at Room Temperature (incorporated by reference--see 
Sec. 59.412), sets to touch in 2 hours or less, is tack free in 4 hours 
or less, and dries hard in 8 hours or less by the mechanical test 
method; and
    (3) Has a dried film gloss of 70 or above on a 60 degree meter.
    Quick-dry primer, sealer, and undercoater means a primer, sealer, or 
undercoater that is dry to the touch in a \1/2\ hour and can be recoated 
in 2 hours when tested in accordance with ASTM Method D 1640-83 
(Reapproved 1989), Standard Test Methods for Drying, Curing, or Film 
Formation of Organic

[[Page 359]]

Coatings at Room Temperature (incorporated by reference--see Sec. 59.412 
of this subpart).
    Recycled coating means an architectural coating that contains some 
portion of post-consumer coating. Recycled architectural coatings 
include, but are not limited to, post-consumer coatings that have been 
repackaged or blended with virgin coating materials.
    Repackage means to transfer an architectural coating from one 
container to another.
    Repair and maintenance thermoplastic coating means an industrial 
maintenance coating that has vinyl or chlorinated rubber as a primary 
resin and is recommended solely for the repair of existing vinyl or 
chlorinated rubber coatings without the full removal of the existing 
coating system.
    Roof coating means a coating formulated and recommended for 
application to exterior roofs for the primary purpose of preventing 
penetration of the substrate by water or reflecting heat and reflecting 
ultraviolet radiation. This does not include thermoplastic rubber 
coatings.
    Rust preventative coating means a coating formulated and recommended 
for use in preventing the corrosion of ferrous metal surfaces in 
residential situations.
    Sanding sealer means a clear wood coating formulated and recommended 
for application to bare wood to seal the wood and to provide a coat that 
can be sanded to create a smooth surface. A sanding sealer that also 
meets the definition of a lacquer is not included in this category, but 
is included in the lacquer category.
    Sealer means a coating formulated and recommended for application to 
a substrate for one or more of the following purposes: to prevent 
subsequent coatings from being absorbed by the substrate; to prevent 
harm to subsequent coatings by materials in the substrate; to block 
stains, odors, or efflorescence; to seal fire, smoke, or water damage; 
or to condition chalky surfaces.
    Semitransparent means not completely concealing the surface of a 
substrate or its natural texture or grain pattern.
    Shellac means a clear or pigmented coating formulated with natural 
resins (except nitrocellulose resins) soluble in alcohol (including, but 
not limited to, the resinous secretions of the lac beetle, Laciffer 
lacca). Shellacs dry by evaporation without chemical reaction and 
provide a quick-drying, solid protective film that may be used for 
blocking stains.
    Shop application means that a coating is applied to a product or a 
component of a product in a factory, shop, or other structure as part of 
a manufacturing, production, or repairing process (e.g., original 
equipment manufacturing coatings).
    Stain means a coating that produces a dry film with minimal 
coloring. This includes lacquer stains.
    Stain controller means a conditioner or pretreatment coating 
formulated and recommended for application to wood prior to the 
application of a stain in order to prevent uneven penetration of the 
stain.
    Swimming pool coating means a coating formulated and recommended to 
coat the interior of swimming pools and to resist swimming pool 
chemicals.
    Thermoplastic rubber coating and mastic means a coating or mastic 
formulated and recommended for application to roofing or other 
structural surfaces and that incorporates no less than 40 percent by 
weight of thermoplastic rubbers in the total resin solids and may also 
contain other ingredients including, but not limited to, fillers, 
pigments, and modifying resins.
    Tint base means a coating to which colorant is added in a paint 
store or at the site of application to produce a desired color.
    Traffic marking coating means a coating formulated and recommended 
for marking and striping streets, highways, or other traffic surfaces 
including, but not limited to, curbs, berms, driveways, parking lots, 
sidewalks, and airport runways.
    Undercoater means a coating formulated and recommended to provide a 
smooth surface for subsequent coatings.
    United States means the United States of America, including the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands,

[[Page 360]]

Guam, American Samoa, and the Commonwealth of the Northern Mariana 
Islands.
    Varnish means a clear or semi-transparent coating, excluding 
lacquers and shellacs, formulated and recommended to provide a durable, 
solid, protective film. Varnishes may contain small amounts of pigment 
to color a surface, or to control the final sheen or gloss of the 
finish.
    Volatile organic compound or VOC means any organic compound that 
participates in atmospheric photochemical reactions, that is, any 
organic compound other than those which the Administrator designates as 
having negligible photochemical reactivity. For a list of compounds that 
the Administrator has designated as having negligible photochemical 
reactivity, also referred to as exempt compounds, refer to 40 CFR 
51.100(s).
    VOC content means the weight of VOC per volume of coating, 
calculated according to the procedures in Sec. 59.406(a) of this 
subpart.
    Waterproofing sealer and treatment means a coating formulated and 
recommended for application to a porous substrate for the primary 
purpose of preventing the penetration of water.
    Wood preservative means a coating formulated and recommended to 
protect exposed wood from decay or insect attack, registered with the 
EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. Section 136, et seq.).
    Zone marking coating means a coating formulated and recommended for 
marking and striping driveways, parking lots, sidewalks, curbs, or 
airport runways, and sold or distributed in a container with a volume of 
19 liters (5 gallons) or less.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]



Sec. 59.402  VOC content limits.

    (a) Each manufacturer and importer of any architectural coating 
subject to this subpart shall ensure that the VOC content of the coating 
does not exceed the applicable limit in table 1 of this subpart, except 
as provided in Secs. 59.403 and 59.404 of this subpart. Compliance with 
the VOC content limits will be determined based on the VOC content, as 
expressed in metric units.
    (b) Except as provided in paragraph (c) of this section, if anywhere 
on the container of any architectural coating, or any label or sticker 
affixed to the container, or in any sales, advertising, or technical 
literature supplied by a manufacturer or importer or anyone acting on 
their behalf, any representation is made that indicates that the coating 
meets the definition of more than one of the coating categories listed 
in table 1 of this subpart, then the most restrictive VOC content limit 
shall apply.
    (c) The provision in paragraph (b) of this section does not apply to 
the coatings described in paragraphs (c)(1) through (c)(15) of this 
section.
    (1) High temperature coatings that also meet the definition for 
metallic pigmented coatings are subject only to the VOC content limit in 
table 1 of this subpart for high temperature coatings.
    (2) Lacquer coatings (including lacquer sanding sealers) that are 
also recommended for use in other architectural coating applications to 
wood, except as stains, are subject only to the VOC content limit in 
table 1 of this subpart for lacquers.
    (3) Metallic pigmented coatings that also meet the definition for 
roof coatings, industrial maintenance coatings, or primers are subject 
only to the VOC content limit in table 1 of this subpart for metallic 
pigmented coatings.
    (4) Shellacs that also meet the definition for any other 
architectural coating are subject only to the VOC content limit in table 
1 of this subpart for shellacs.
    (5) Fire-retardant/resistive coatings that also meet the definition 
for any other architectural coating are subject only to the VOC content 
limit in table 1 of this subpart for fire-retardant/resistive coatings.
    (6) Pretreatment wash primers that also meet the definition for 
primers or that meet the definition for industrial maintenance coatings 
are subject only to the VOC content limit in table 1 of this subpart for 
pretreatment wash primers.
    (7) Industrial maintenance coatings that also meet the definition 
for primers, sealers, undercoaters, or mastic

[[Page 361]]

texture coatings are subject only to the VOC content limit in table 1 of 
this subpart for industrial maintenance coatings.
    (8) Varnishes and conversion varnishes that also meet the definition 
for floor coatings are subject only to the VOC content limit in table 1 
of this subpart for varnishes and conversion varnishes, respectively.
    (9) Anti-graffiti coatings, high temperature coatings, impacted 
immersion coatings, thermoplastic rubber coatings and mastics, repair 
and maintenance thermoplastic coatings, and flow coatings that also meet 
the definition for industrial maintenance coatings are subject only to 
the VOC content limit in table 1 of this subpart for their respective 
categories (i.e., they are not subject to the industrial maintenance 
coatings VOC content limit in table 1 of this subpart).
    (10) Waterproofing sealers and treatments that also meet the 
definition for quick-dry sealers are subject only to the VOC content 
limit in table 1 of this subpart for waterproofing sealers and 
treatments.
    (11) Sanding sealers that also meet the definition for quick-dry 
sealers are subject only to the VOC content limit in table 1 of this 
subpart for sanding sealers.
    (12) Nonferrous ornamental metal lacquers and surface protectants 
that also meet the definition for lacquers are subject only to the VOC 
content limit in table 1 of this subpart for nonferrous ornamental metal 
lacquers and surface protectants.
    (13) Quick-dry primers, sealers, and undercoaters that also meet the 
definition for primers, sealers, or undercoaters are subject only to the 
VOC content limit in table 1 of this subpart for quick-dry primers, 
sealers, and undercoaters.
    (14) Antenna coatings that also meet the definition for industrial 
maintenance coatings or primers are subject only to the VOC content 
limit in table 1 of this subpart for antenna coatings.
    (15) Bituminous coatings and mastics that also meet the definition 
for any other architectural coatings are subject only to the VOC content 
limit in table 1 of this subpart for bituminous coatings and mastics.
    (16) Zone marking coatings that also meet the definition for traffic 
marking coatings are subject only to the VOC content limit in table 1 of 
this subpart for zone marking coatings.
    (17) Rust preventative coatings that also meet the definition for 
primers or undercoaters are subject only to the VOC content limit in 
table 1 of this subpart for rust preventative coatings.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]



Sec. 59.403  Exceedance fees.

    (a) Except as provided in Sec. 59.404 of this subpart, each 
manufacturer and importer of any architectural coating subject to the 
provisions of this subpart may exceed the applicable VOC content limit 
in table 1 of this subpart for the coating if the manufacturer or 
importer pays an annual exceedance fee. The exceedance fee must be 
calculated using the procedures in paragraphs (b) and (c) of this 
section.
    (b) The exceedance fee paid by a manufacturer or importer, which is 
equal to the sum of the applicable exceedance fees for all coatings, 
must be calculated using equation 1 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.014

Where:

Annual Exceedance Fee = The total annual exceedance fee for a 
          manufacturer or importer, in dollars.
Coating Feec = The annual exceedance fee for each coating 
          (c), for which a fee applies, in dollars.
n = number of coatings to which a fee applies.

    (c) The exceedance fee to be paid for each coating must be 
determined using equation 2 as follows:

[[Page 362]]

[GRAPHIC] [TIFF OMITTED] TR11SE98.015

Where:

Fee Rate = The rate of $0.0028 per gram of excess VOC.
Excess VOC = The VOC content of the coating, or adjusted VOC content of 
          a recycled coating (if applicable), in grams of VOC per liter 
          of coating, minus the applicable VOC content limit from table 
          1 of this subpart (that is, VOC content of the coating minus 
          VOC content limit).
Volume Manufactured or Imported = The volume of the coating manufactured 
          or imported per year, in liters, including the volume of any 
          water and exempt compounds and excluding the volume of any 
          colorant added to tint bases. Any volume for which a tonnage 
          exemption is claimed under Sec. 59.404 of this subpart is also 
          excluded.

    (d) The exceedance fee shall be submitted to EPA by March 1 
following the calendar year in which the coatings are manufactured or 
imported and shall be sent to the address provided in Sec. 59.409(b).

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at 
65 FR 7737, Feb. 16, 2000]



Sec. 59.404  Tonnage exemption.

    (a) Each manufacturer and importer of any architectural coating 
subject to the provisions of this subpart may designate a limited 
quantity of coatings to be exempt from the VOC content limits in table 1 
of this subpart and the exceedance fee provisions of Sec. 59.403 of this 
subpart, provided all of the requirements in paragraphs (a)(1) through 
(a)(4) of this section are met.
    (1) The total amount of VOC contained in all the coatings selected 
for exemption must be equal to or less than 23 megagrams (25 tons) for 
the period of time from September 13, 1999 through December 31, 2000; 18 
megagrams (20 tons) in the year 2001; and 9 megagams (10 tons) per year 
in the year 2002 and each subsequent year. The amount of VOC contained 
in each coating shall be calculated using the procedure in paragraph (b) 
of this section. Compliance with the tonnage exemption will be 
determined based on the amount of VOC, as expressed in metric units.
    (2) The container labeling requirements of Sec. 59.405 of this 
subpart.
    (3) The recordkeeping requirements of Sec. 59.407(c) of this 
subpart.
    (4) The reporting requirements of Sec. 59.408(b) and (e) of this 
subpart.
    (b) Each manufacturer and importer choosing to use the exemption 
described in paragraph (a) of this section must use equations 3 and 4 to 
calculate the total amount of VOC for each time period the exemption is 
elected. The VOC amount shall be determined without colorant that is 
added after the tint base is manufactured or imported.
[GRAPHIC] [TIFF OMITTED] TR11SE98.016

Where:

Total VOC = Total megagrams of VOC contained in all coatings being 
          claimed under the exemption.
VOCc = Megagrams of VOC, for each coating (c) claimed under 
          the exemption, as computed by equation 4.
n = Number of coatings for which exemption is claimed.
[GRAPHIC] [TIFF OMITTED] TR11SE98.017

Where:

Volume Manufactured or Imported = Volume of the coating manufactured or 
          imported, in liters, including the volume of any water and 
          exempt compounds and excluding the volume of any colorant 
          added to tint bases, for the time period the exemption is 
          claimed.
VOC Amount = Grams of VOC per liter of coating thinned to the 
          manufacturer's maximum recommendation, including the volume of 
          any water and exempt compounds.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]

[[Page 363]]



Sec. 59.405  Container labeling requirements.

    (a) Each manufacturer and importer of any architectural coating 
subject to the provisions of this subpart shall provide the information 
listed in paragraphs (a)(1) through (a)(3) of this section on the 
coating container in which the coating is sold or distributed.
    (1) The date the coating was manufactured, or a date code 
representing the date shall be indicated on the label, lid, or bottom of 
the container.
    (2) A statement of the manufacturer's recommendation regarding 
thinning of the coating shall be indicated on the label or lid of the 
container. This requirement does not apply to the thinning of 
architectural coatings with water. If thinning of the coating prior to 
use is not necessary, the recommendation must specify that the coating 
is to be applied without thinning.
    (3) The VOC content of the coating as described in paragraph 
(a)(3)(i) or (a)(3)(ii) of this section shall be indicated on the label 
or lid of the container.
    (i) The VOC content of the coating, displayed in units of grams of 
VOC per liter of coating or in units of pounds of VOC per gallon of 
coating; or
    (ii) The VOC content limit in table 1 of this subpart with which the 
coating is required to comply and does comply, displayed in units of 
grams of VOC per liter of coating or in units of pounds of VOC per 
gallon of coating.
    (b) In addition to the information specified in paragraph (a) of 
this section, each manufacturer and importer of any industrial 
maintenance coating subject to the provisions of this subpart shall 
display on the label or lid of the container in which the coating is 
sold or distributed one or more of the descriptions listed in paragraphs 
(b)(1) through (b)(4) of this section.
    (1) ``For industrial use only.''
    (2) ``For professional use only.''
    (3) ``Not for residential use'' or ``Not intended for residential 
use.''
    (4) ``This coating is intended for use under the following 
condition(s):'' (Include each condition in paragraphs (b)(4)(i) through 
(b)(4)(v) of this section that applies to the coating.)
    (i) Immersion in water, wastewater, or chemical solutions (aqueous 
and nonaqueous solutions), or chronic exposure of interior surfaces to 
moisture condensation;
    (ii) Acute or chronic exposure to corrosive, caustic, or acidic 
agents, or to chemicals, chemical fumes, or chemical mixtures or 
solutions;
    (iii) Repeated exposure to temperatures above 120 C (250 F);
    (iv) Repeated (frequent) heavy abrasion, including mechanical wear 
and repeated (frequent) scrubbing with industrial solvents, cleansers, 
or scouring agents; or
    (v) Exterior exposure of metal structures and structural components.
    (c) In addition to the information specified in paragraph (a) of 
this section, each manufacturer and importer of any recycled coating who 
calculates the VOC content using equations 7 and 8 in Sec. 59.406(a)(3) 
of this subpart shall include the following statement indicating the 
post-consumer coating content on the label or lid of the container in 
which the coating is sold or distributed: ``CONTAINS NOT LESS THAN X 
PERCENT BY VOLUME POST-CONSUMER COATING,'' where ``X'' is replaced by 
the percent by volume of post-consumer architectural coating.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]



Sec. 59.406  Compliance provisions.

    (a) For the purpose of determining compliance with the VOC content 
limits in table 1 of this subpart, each manufacturer and importer shall 
determine the VOC content of a coating using the procedures described in 
paragraph (a)(1), (a)(2), or (a)(3) of this section, as appropriate. The 
VOC content of a tint base shall be determined without colorant that is 
added after the tint base is manufactured or imported.
    (1) With the exception of low solids stains and low solids wood 
preservatives, determine the VOC content in grams of VOC per liter of 
coating thinned to the manufacturer's maximum recommendation, excluding 
the volume of any water and exempt compounds. Calculate the VOC content 
using equation 5 as follows:

[[Page 364]]

[GRAPHIC] [TIFF OMITTED] TR11SE98.018

Where:

VOC content = grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
Vec = volume of exempt compounds, in liters

    (2) For low solids stains and low solids wood preservatives, 
determine the VOC content in units of grams of VOC per liter of coating 
thinned to the manufacturer's maximum recommendation, including the 
volume of any water and exempt compounds. Calculate the VOC content 
using equation 6 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.019

Where:

VOC content 1s = the VOC content of a low solids coating in 
          grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters

    (3) For recycled coatings, the manufacturer or importer has the 
option of calculating an adjusted VOC content to account for the post-
consumer coating content. If this option is used, the manufacturer or 
importer shall determine the adjusted VOC content using equations 7 and 
8 as follows:
[GRAPHIC] [TIFF OMITTED] TR11SE98.020

Where:

Adjusted VOC content = The VOC content assigned to the recycled coating 
          for purposes of complying with the VOC content limits in table 
          1 of this subpart.
Actual VOC content = The VOC content of the coating as determined using 
          equation 5 in paragraph (a)(1) of this section.
Percent Post-consumer Coating = The volume percent of a recycled coating 
          that is post-consumer coating materials (as determined in 
          equation 8)
          [GRAPHIC] [TIFF OMITTED] TR11SE98.021
          
Where:

Percent Post-consumer Coating = The volume percent of a recycled coating 
          that is post-consumer coating materials.
Volume of Post-consumer Coating = The volume, in liters, of post-
          consumer coating materials used in the production of a 
          recycled coating.
Volume of Virgin Materials = The volume, in liters, of virgin coating 
          materials used in the production of a recycled coating.

    (b) To determine the composition of a coating in order to perform 
the calculations in paragraph (a) of this section, the reference method 
for VOC content is Method 24 of appendix A of 40 CFR part 60, except as 
provided in paragraphs (c) and (d) of this section. To determine the VOC 
content of a coating, the manufacturer or importer may use Method 24 of 
appendix A of 40 CFR part 60, an alternative method as provided in 
paragraph (c) of this section, formulation data, or any other reasonable 
means for predicting that the coating has been formulated as intended 
(e.g., quality assurance checks, recordkeeping). However, if there are 
any inconsistencies between the results of a Method 24 test and any 
other means for determining VOC content, the Method 24 test results will 
govern, except as provided in paragraph (c) of this section. The 
Administrator may

[[Page 365]]

require the manufacturer or importer to conduct a Method 24 analysis.
    (c) The Administrator may approve, on a case-by-case basis, a 
manufacturer's or importer's use of an alternative method in lieu of 
Method 24 for determining the VOC content of coatings if the alternative 
method is demonstrated to the Administrator's satisfaction to provide 
results that are acceptable for purposes of determining compliance with 
this subpart.
    (d) Analysis of methacrylate multicomponent coatings used as traffic 
marking coatings shall be conducted according to the procedures 
specified in appendix A to this subpart. Appendix A to this subpart is a 
modification of Method 24 of appendix A of 40 CFR part 60. The 
modification of Method 24 provided in appendix A to this subpart has not 
been approved for methacrylate multicomponent coatings used for other 
purposes than as traffic marking coatings or for other classes of 
multicomponent coatings.
    (e) The Administrator may determine a manufacturer's or importer's 
compliance with the provisions of this subpart based on information 
required by this subpart (including the records and reports required by 
Secs. 59.407 and 59.408 of this subpart) or any other information 
available to the Administrator.



Sec. 59.407  Recordkeeping requirements.

    (a) Each manufacturer and importer using the provisions of 
Sec. 59.406(a)(3) of this subpart to determine the VOC content of a 
recycled coating shall maintain in written or electronic form records of 
the information specified in paragraphs (a)(1) through (a)(6) of this 
section for a period of 3 years.
    (1) The minimum volume percent post-consumer coating content for 
each recycled coating.
    (2) The volume of post-consumer coating received for recycling.
    (3) The volume of post-consumer coating received that was unusable.
    (4) The volume of virgin materials.
    (5) The volume of the final recycled coating manufactured or 
imported.
    (6) Calculations of the adjusted VOC content as determined using 
equation 7 in Sec. 59.406(a)(3) of this subpart for each recycled 
coating.
    (b) Each manufacturer and importer using the exceedance fee 
provisions in Sec. 59.403 of this subpart, as an alternative to 
achieving the VOC content limits in table 1 of this subpart, shall 
maintain in written or electronic form the records specified in 
paragraphs (b)(1) through (b)(7) of this section for a period of 3 
years.
    (1) A list of the coatings and the associated coating categories in 
table 1 of this subpart for which the exceedance fee is used.
    (2) Calculations of the annual fee for each coating and the total 
annual fee for all coatings using the procedure in Sec. 59.403 (b) and 
(c) of this subpart.
    (3) The VOC content of each coating in grams of VOC per liter of 
coating.
    (4) The excess VOC content of each coating in grams of VOC per liter 
of coating.
    (5) The total volume of each coating manufactured or imported per 
calendar year, in liters, including the volume of any water and exempt 
compounds and excluding the volume of any colorant added to tint bases.
    (6) The annual fee for each coating.
    (7) The total annual fee for all coatings.
    (c) Each manufacturer and importer claiming the tonnage exemption in 
Sec. 59.404 of this subpart shall maintain in written or electronic form 
the records specified in paragraphs (c)(1) through (c)(4) of this 
section for a period of 3 years.
    (1) A list of all coatings and associated coating categories in 
table 1 of this subpart for which the exemption is claimed.
    (2) The VOC amount as used in equation 4.
    (3) The volume manufactured or imported, in liters, for each coating 
for which the exemption is claimed for the time period the exemption is 
claimed.
    (4) The total megagrams of VOC contained in each coating for which 
the exemption is claimed, and for all coatings combined for which the 
exemption is claimed, for the time period the exemption is claimed, as 
calculated in Sec. 59.404(b) of this subpart.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]

[[Page 366]]



Sec. 59.408  Reporting requirements.

    (a) Each manufacturer and importer of any architectural coating 
subject to the provisions of this subpart shall submit reports and 
exceedance fees specified in this section to the appropriate address as 
listed in Sec. 59.409 of this subpart.
    (b) Each manufacturer and importer of any architectural coating 
subject to the provisions of this subpart shall submit an initial 
notification report no later than the applicable compliance date 
specified in Sec. 59.400, or within 180 days after the date that the 
first architectural coating is manufactured or imported, whichever is 
later. The initial report must include the information in paragraphs 
(b)(1) through (b)(3) of this section.
    (1) The name and mailing address of the manufacturer or importer.
    (2) The street address of each one of the manufacturer's or 
importer's facilities in the United States that is producing, packaging, 
or repackaging any architectural coating subject to the provisions of 
this subpart.
    (3) A list of the categories from table 1 of this subpart for which 
the manufacturer's or importer's coatings meet the definitions in 
Sec. 59.401 of this subpart.
    (4) If a date code is used on a coating container to represent the 
date a coating was manufactured, as allowed in Sec. 59.405(a)(1) of this 
subpart, the manufacturer or importer of the coating shall include an 
explanation of each date code in the initial notification report and 
shall submit an explanation of any new date code no later than 30 days 
after the new date code is first used on the container for a coating.
    (c) Each manufacturer and importer of a recycled coating that 
chooses to determine the adjusted VOC content according to the 
provisions of Sec. 59.406(a)(3) to demonstrate compliance with the 
applicable VOC content limit in table 1 of this subpart shall submit a 
report containing the information in paragraphs (c)(1) through (c)(5) of 
this section. The report must be submitted for each coating for which 
the adjusted VOC content is used to demonstrate compliance. This report 
must be submitted by March 1 of the year following any calendar year in 
which the adjusted VOC content provision is used.
    (1) The minimum volume percent post-consumer coating content for 
each recycled coating.
    (2) The volume of post-consumer coating received for recycling.
    (3) The volume of post-consumer coating received that was unusable.
    (4) The volume of virgin materials used.
    (5) The volume of the final recycled coating manufactured or 
imported.
    (d) Each manufacturer and importer that uses the exceedance fee 
provisions of Sec. 59.403 of this subpart shall report the information 
in paragraphs (d)(1) through (d)(7) of this section for each coating for 
which the exceedance fee provisions are used. This report and the 
exceedance fee payment must be submitted by March 1 following the 
calendar year in which the coating is manufactured or imported.
    (1) Manufacturer's or importer's name and mailing address.
    (2) A list of all coatings and the associated coating categories in 
table 1 of this subpart for which the exceedance fee provision is being 
used.
    (3) The VOC content of each coating that exceeds the applicable VOC 
content limit in table 1 of this subpart.
    (4) The excess VOC content of each coating in grams of VOC per liter 
of coating.
    (5) The total volume of each coating manufactured or imported per 
calendar year, in liters, including the volume of any water and exempt 
compounds and excluding the volume of any colorant added to tint bases.
    (6) The annual fee for each coating.
    (7) The total annual fee for all coatings.
    (e) Each manufacturer and importer of architectural coatings for 
which a tonnage exemption under Sec. 59.404 of this subpart is claimed 
shall submit a report no later than March 1 of the year following the 
calendar year in which the exemption was claimed. The report must 
include the information in paragraphs (f)(1) through (f)(4) of this 
section.
    (1) A list of all coatings and the associated coating categories in 
table 1 of this subpart for which the exemption was claimed.

[[Page 367]]

    (2) The VOC amount as used in equation 4.
    (3) The volume manufactured or imported, in liters, for each coating 
for which the exemption is claimed for the time period the exemption is 
claimed.
    (4) The total megagrams of VOC contained in all coatings for which 
the exemption was claimed for the time period the exemption was claimed, 
as calculated in Sec. 59.404(b) of this subpart.

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999]



Sec. 59.409  Addresses of EPA Offices.

    (a) Except for exceedance fee payments, each manufacturer and 
importer of any architectural coating subject to the provisions of this 
subpart shall submit all requests, reports, submittals, and other 
communications to the Administrator pursuant to this regulation to the 
Regional Office of the U.S. Environmental Protection Agency that serves 
the State or Territory in which the corporate headquarters of the 
manufacturer or importer resides. These areas are indicated in the 
following list of EPA Regional Offices:

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
Island, Vermont), Director, Office of Environmental Stewardship, 
Mailcode: OES04-5, 5 Post Office Square--Suite 100, Boston, MA 02109-
3912.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
Director, Division of Enforcement and Compliance Assistance, 290 
Broadway, New York, NY 10007-1866.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air Protection Division, 1650 Arch 
Street, Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air, Pesticides, and 
Toxics Management Division, 61 Forsyth Street, Atlanta, GA 30303.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
Director, Multimedia Planning and Permitting Division, 1445 Ross Avenue, 
Dallas, TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming), Director, Office of Partnerships and Regulatory Assistance, 
999 18th Street, Suite 500, Denver, Colorado 80202-2466.
EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii, 
Nevada), Director, Air Division, 75 Hawthorne Street, San Francisco, CA 
94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Office of 
Air Quality, 1200 Sixth Avenue, Seattle, WA 98101.

    (b) Each manufacturer and importer who uses the exceedance fee 
provisions of Sec. 59.403 shall submit the exceedance fee payment 
required by Sec. 59.408(d) to the following address: Environmental 
Protection Agency, AIM Exceedance Fees, Post Office Box 371293M, 
Pittsburgh, PA 15251. This address is for the fee payment only; the 
exceedance fee report required by Sec. 59.408(d) is to be submitted to 
the appropriate EPA Regional Office listed in paragraph (a) of this 
section. The exceedance fee payment in the form of a check or money 
order must be made payable to ``U.S. Environmental Protection Agency'' 
or ``US EPA.''

[63 FR 48877, Sept. 11, 1998; 64 FR 35001, June 30, 1999, as amended at 
65 FR 7737, Feb. 16, 2000; 76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 
25, 2013]



Sec. 59.410  State authority.

    The provisions of this subpart must not be construed in any manner 
to preclude any State or political subdivision thereof from:
    (a) Adopting and enforcing any emissions standard or limitation 
applicable to a manufacturer or importer of architectural coatings; or
    (b) Requiring the manufacturer or importer of architectural coatings 
to obtain permits, licenses, or approvals prior to initiating 
construction, modification, or operation of a facility for manufacturing 
an architectural coating.



Sec. 59.411  Circumvention.

    Each manufacturer and importer of any architectural coating subject 
to the provisions of this subpart must not alter, destroy, or falsify 
any record or

[[Page 368]]

report, to conceal what would otherwise be noncompliance with this 
subpart. Such concealment includes, but is not limited to, refusing to 
provide the Administrator access to all required records and date-coding 
information, altering the VOC content of a coating batch, or altering 
the results of any required tests to determine VOC content.



Sec. 59.412  Incorporations by reference.

    (a) The materials listed in this section are incorporated by 
reference in the paragraphs noted in Sec. 59.401. These incorporations 
by reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice of 
any changes in these materials will be published in the Federal 
Register. The materials are available for purchase at the corresponding 
addresses noted below, and all are available for inspection at the Air 
and Radiation Docket and Information Center, U.S. EPA, 401 M St., SW., 
Washington, DC 20460; at the EPA Library (MD-35), U.S. EPA, Research 
Triangle Park, North Carolina; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The materials listed below are available for purchase at the 
following address: American Society for Testing and Materials (ASTM), 
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
    (1) ASTM Method C 1315-95, Standard Specification for Liquid 
Membrane-Forming Compounds Having Special Properties for Curing and 
Sealing Concrete, incorporation by reference approved for Sec. 59.401, 
Concrete curing and sealing compound.
    (2) ASTM Method D 523-89, Standard Test Method for Specular Gloss, 
incorporation by reference approved for Sec. 59.401, Flat coating and 
Nonflat coating.
    (3) ASTM Method D 1640-83 (Reapproved 1989), Standard Test Methods 
for Drying, Curing, or Film Formation of Organic Coatings at Room 
Temperature, incorporation by reference approved for Sec. 59.401, Quick-
dry enamel and Quick-dry primer, sealer, and undercoater.
    (4) ASTM Method D 3912-80 (Reapproved 1989), Standard Test Method 
for Chemical Resistance of Coatings Used in Light-Water Nuclear Power 
Plants, incorporation by reference approved for Sec. 59.401, Nuclear 
coating.
    (5) ASTM Method D 4082-89, Standard Test Method for Effects of Gamma 
Radiation on Coatings for Use in Light-Water Nuclear Power Plants, 
incorporation by reference approved for Sec. 59.401, Nuclear coating.
    (c) The following material is available from the AAMA, 1827 Walden 
Office Square, Suite 104, Schaumburg, IL 60173.
    (1) AAMA 605-98, Voluntary Specification Requirements and Test 
Procedures for High Performance Organic Coatings on Aluminum Extrusions 
and Panels, incorporation by reference approved for Sec. 59.401, Extreme 
high durability coating.
    (2) [Reserved]

[63 FR 48877, Sept. 11, 1998, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 59.413  Availability of information and confidentiality.

    (a) Availability of information. The availability to the public of 
information provided to or otherwise obtained by the Administrator under 
this part shall be governed by part 2 of this chapter.
    (b) Confidentiality. All confidential business information entitled 
to protection under section 114(c) of the Act that must be submitted or 
maintained by each manufacturer or importer of architectural coatings 
pursuant to this section shall be treated in accordance with 40 CFR part 
2, subpart B.



   Sec. Appendix A to Subpart D of Part 59--Determination of Volatile 
 Matter Content of Methacrylate Multicomponent Coatings Used as Traffic 
                            Marking Coatings

                    1.0  Principle and Applicability

    1.1  Applicability. This modification to Method 24 of appendix A of 
40 CFR part 60 applies to the determination of volatile matter content 
of methacrylate multicomponent coatings used as traffic marking 
coatings.

[[Page 369]]

    1.2  Principle. A known amount of methacrylate multicomponent 
coating is dispersed in a weighing dish using a stirring device before 
the volatile matter is removed by heating in an oven.

                             2.0  Procedure

    2.1 Prepare about 100 milliliters (mL) of sample by mixing the 
components in a storage container, such as a glass jar with a screw top 
or a metal can with a cap. The storage container should be just large 
enough to hold the mixture. Combine the components (by weight or volume) 
in the ratio recommended by the manufacturer. Tightly close the 
container between additions and during mixing to prevent loss of 
volatile materials. Most manufacturers' mixing instructions are by 
volume. Because of possible error caused by expansion of the liquid when 
measuring the volume, it is recommended that the components be combined 
by weight. When weight is used to combine the components and the 
manufacturer's recommended ratio is by volume, the density must be 
determined by section 3.5 of Method 24 of appendix A of 40 CFR part 60.
    2.2  Immediately after mixing, take aliquots from this 100 mL sample 
for determination of the total volatile content, water content, and 
density. To determine water content, follow section 3.4 of Method 24 of 
appendix A of 40 CFR part 60. To determine density, follow section 3.5 
of Method 24. To determine total volatile content, use the apparatus and 
reagents described in section 3.8.2 of Method 24 and the following 
procedures:
    2.2.1  Weigh and record the weight of an aluminum foil weighing dish 
and a metal paper clip. Using a syringe as specified in section 3.8.2.1 
of Method 24, weigh to 1 milligrams (mg), by difference, a sample of 
coating into the weighing dish. For methacrylate multicomponent coatings 
used for traffic marking use 3.0 0.1 g.
    2.2.2  Add the specimen and use the metal paper clip to disperse the 
specimen over the surface of the weighing dish. If the material forms a 
lump that cannot be dispersed, discard the specimen and prepare a new 
one. Similarly, prepare a duplicate. The sample shall stand for a 
minimum of 1 hour, but no more than 24 hours before being oven dried at 
110 5 degrees Celsius for 1 hour.
    2.2.3  Heat the aluminum foil dishes containing the dispersed 
specimens in the forced draft oven for 60 minutes at 110 5 degrees 
Celsius. Caution--provide adequate ventilation, consistent with accepted 
laboratory practice, to prevent solvent vapors from accumulating to a 
dangerous level.
    2.2.4  Remove the dishes from the oven, place immediately in a 
desiccator, cool to ambient temperature, and weigh to within 1 mg. After 
weighing, break up the film of the coating using the metal paper clip. 
Weigh dish to within 1 mg. Return to forced draft oven for an additional 
60 minutes at 110 5 degrees Celsius.
    2.2.5  Remove the dishes from the oven, place immediately in a 
desiccator, cool to ambient temperature, and weigh to within 1 mg.
    2.2.6  Run analyses in pairs (duplicate sets for each coating 
mixture until the criterion in section 4.3 of Method 24 of appendix A of 
40 CFR part 60 is met. Calculate the weight of volatile matter for each 
heating period following Equation 24-2 of Method 24 and record the 
arithmetic average. Add the arithmetic average for the two heating 
periods to obtain the weight fraction of the volatile matter.

                     3.0  Data Validation Procedure

    3.1  Follow the procedures in Section 4 of Method 24 of appendix A 
to 40 CFR part 60.
    3.2  If more than 10 percent of the sample is lost when the sample 
is being broken up in 2.2.4, the sample is invalid.

                            4.0  Calculations

    Follow the calculation procedures in Section 5 of Method 24 of 
appendix A of 40 CFR part 60.



 Sec. Table 1 to Subpart D of Part 59--Volatile Organic Compound (VOC), 
                Content Limits for Architectural Coatings

  [Unless otherwise specified, limits are expressed in grams of VOC per
  liter of coating thinned to the manufacturer's maximum recommendation
 excluding the volume of any water, exempt compounds, or colorant added
                             to tint bases.]
------------------------------------------------------------------------
                                           Grams VOC per  Pounds VOC per
            Coating category                   liter        gallon \a\
------------------------------------------------------------------------
Antenna coatings........................             530             4.4
Anti-fouling coatings...................             450             3.8
Anti-graffiti coatings..................             600             5.0
Bituminous coatings and mastics.........             500             4.2
Bond breakers...........................             600             5.0
Calcimine recoater......................             475             4.0
Chalkboard resurfacers..................             450             3.8
Concrete curing compounds...............             350             2.9
Concrete curing and sealing compounds...             700             5.8

[[Page 370]]

 
Concrete protective coatings............             400             3.3
Concrete surface retarders..............             780             6.5
Conversion varnish......................             725             6.0
Dry fog coatings........................             400             3.3
Extreme high durability coatings........             800             6.7
Faux finishing/glazing..................             700             5.8
Fire-retardant/resistive coatings:
  Clear.................................             850             7.1
  Opaque................................             450             3.8
Flat coatings:
  Exterior coatings.....................             250             2.1
  Interior coatings.....................             250             2.1
  Floor coatings........................             400             3.3
  Flow coatings.........................             650             5.4
  Form release compounds................             450             3.8
  Graphic arts coatings (sign paints)...             500             4.2
  Heat reactive coatings................             420             3.5
  High temperature coatings.............             650             5.4
  Impacted immersion coatings...........             780             6.5
  Industrial maintenance coatings.......             450             3.8
  Lacquers (including lacquer sanding                680             5.7
   sealers).............................
  Magnesite cement coatings.............             600             5.0
  Mastic texture coatings...............             300             2.5
  Metallic pigmented coatings...........             500             4.2
  Multi-colored coatings................             580             4.8
  Nonferrous ornamental metal lacquers               870             7.3
   and surface protectants..............
Nonflat coatings:
  Exterior coatings.....................             380             3.2
  Interior coatings.....................             380             3.2
  Nuclear coatings......................             450             3.8
  Pretreatment wash primers.............             780             6.5
  Primers and undercoaters..............             350             2.9
Quick-dry coatings:
  Enamels...............................             450             3.8
  Primers, sealers, and undercoaters....             450             3.8
  Repair and maintenance thermoplastic               650             5.4
   coatings.............................
  Roof coatings.........................             250             2.1
  Rust preventative coatings............             400             3.3
  Sanding sealers (other than lacquer                550             4.6
   sanding sealers).....................
  Sealers (including interior clear wood             400             3.3
   sealers).............................
Shellacs:
  Clear.................................             730             6.1
  Opaque................................             550             4.6
Stains:
  Clear and semitransparent.............             550             4.6
  Opaque................................             350             2.9
  Low solids............................         \b\ 120         \b\ 1.0
  Stain controllers.....................             720             6.0
  Swimming pool coatings................             600             5.0
  Thermoplastic rubber coatings and                  550             4.6
   mastics..............................
  Traffic marking coatings..............             150             1.3
  Varnishes.............................             450             3.8
  Waterproofing sealers and treatments..             600             5.0
Wood preservatives:
  Below ground wood preservatives.......             550             4.6
  Clear and semitransparent.............             550             4.6
  Opaque................................             350             2.9
  Low solids............................         \b\ 120         \b\ 1.0
  Zone marking coatings.................             450             3.8
------------------------------------------------------------------------
\a\ English units are provided for information only. Compliance will be
  determined based on the VOC content limit, as expressed in metric
  units.
\b\ Units are grams of VOC per liter (pounds of VOC per gallon) of
  coating, including water and exempt compounds, thinned to the maximum
  thinning recommended by the manufacturer.


[63 FR 48877, Sept. 11, 1998; 63 FR 55175, Oct. 14, 1998; 63 FR 32103, 
June 15, 1999; 64 FR 35002, June 30, 1999]

[[Page 371]]



  Subpart E_National Volatile Organic Compound Emission Standards for 
                            Aerosol Coatings

    Source: 73 FR 15621, Mar. 24, 2008, unless otherwise noted.



Sec. 59.500  What is the purpose of this subpart?

    This subpart establishes the product-weighted reactivity (PWR) 
limits regulated entities must meet in order to comply with the national 
rule for volatile organic compounds (VOC) emitted from aerosol coatings. 
This subpart also establishes labeling, recordkeeping, and reporting 
requirements for regulated entities.



Sec. 59.501  Am I subject to this subpart?

    (a) The regulated entities for an aerosol coating product are the 
manufacturer or importer of an aerosol coating product and a distributor 
of an aerosol coating product if it is named on the label or if it 
specifies the formulation of the product. Distributors include retailers 
who fall within the definition of ``distributor'' in Sec. 59.503.
    (b) Except as provided in paragraph (e) of this section, the 
responsibilities of each regulated entity are detailed in paragraphs 
(b)(1) through (b)(4) of this section.
    (1) If you are a manufacturer or importer, you are a regulated 
entity responsible for ensuring that all aerosol coatings manufactured 
or imported by you meet the PWR limits presented in Sec. 59.504, even if 
your name is not on the label.
    (2) If you are a distributor named on the label, you are a regulated 
entity responsible for compliance with all sections of this subpart 
except for the limits presented in Sec. 59.504. If you are a distributor 
that has specified formulations to be used by a manufacturer, then you 
are a regulated entity responsible for compliance with all sections of 
this subpart.
    (3) If there is no distributor named on the label, then the 
manufacturer or importer is a regulated entity responsible for 
compliance with all sections of this subpart.
    (4) If you are a manufacturer, importer, or distributor, you can 
choose to certify that you will provide any or all of the recordkeeping 
and reporting requirements of Secs. 59.510 and 59.511 by following the 
procedures of Sec. 59.511(g) and (h).
    (c) Except as provided in paragraph (e) of this section, the 
provisions of this subpart apply to aerosol coatings manufactured on or 
after July 1, 2009, for sale or distribution in the United States. 
Aerosol coatings that are registered under the Federal Insecticide, 
Fungicide and Rodenticide Act (7 U.S.C. 136-136y) (FIFRA). For FIFRA 
registered aerosol coatings, the provisions of this subpart apply to 
aerosol coatings manufactured on or after January 1, 2010, for sale or 
distribution in the United States.
    (d) You are not a regulated entity under this subpart for the 
aerosol coatings products that you manufacture (in or outside of the 
United States) that are exclusively for sale outside the United States.
    (e) If you meet the definition of small quantity manufacturer for a 
given year, the products you manufacture in that year are not subject to 
the PWR limits presented in Sec. 59.504 or the labeling requirements of 
Sec. 59.507. To qualify for this exemption, small aerosol coating 
manufacturers must comply with the applicable recordkeeping and 
reporting requirements in Secs. 59.510 and 59.511.
    (f) If you are a person who manufactures or processes aerosol 
coatings outside of the United States, you may qualify for the small 
quantity manufacturer exemption in paragraph (e) of this section if you 
meet the requirements of paragraphs (f)(1) through (f)(3) of this 
section.
    (1) The total VOC by mass included in all aerosol coatings you 
manufacture, at all facilities, in a given calendar year, in the 
aggregate, is less than 7,500 kilograms.
    (2) You comply with the recordkeeping and reporting requirements in 
Secs. 59.510 and 59.511.
    (3) You commit to and comply with the requirements of paragraphs 
(f)(3)(i) through (f)(3)(vii) of this section.
    (i) You must submit an initial notification no later than July 31, 
2009, or on

[[Page 372]]

or before the date that you start manufacturing aerosol coating products 
that are sold in the United States, whichever is later. This initial 
notification must state that you are a foreign manufacturer that is 
intending to qualify for the small quantity manufacturer exemption in 
paragraph (e) of this section, provide all of the information specified 
in Sec. 59.511(b), and provide all the information in paragraphs 
(f)(3)(i)(A) and (f)(3)(i)(B) of this section.
    (A) The name, address, telephone number, and e-mail address of an 
agent located in the United States who will serve as your point of 
contact for communications with EPA.
    (B) The address of each of your facilities that is manufacturing 
aerosol coatings for sale in the United States.
    (ii) You must notify the Administrator of any changes in the 
information provided in your initial notification within 30 days 
following the change.
    (iii) The agent identified above must maintain a copy of the 
compliance records specified in Sec. 59.510(b). Those records must be 
kept by the agent such that the agent will be able to provide the 
written report which must be submitted upon 60 days notice under 
Sec. 59.511(d) and able to make those records available for inspection 
and review under Sec. 59.511(e).
    (iv) You must give any EPA inspector or auditor full, complete, and 
immediate access to your facilities and records to conduct inspections 
and audits of your manufacturing facilities.
    (v) You must agree that United States substantive and procedural law 
shall apply to any civil or criminal enforcement action against you 
under this subpart, and that the forum for any civil or criminal 
enforcement action under this subpart shall be governed by the CAA, 
including the EPA administrative forum where allowed under the CAA.
    (vi) Any person certifying any notification, report, or other 
communication from you to EPA must state in the certification that 
United States substantive and procedural law shall apply to any civil or 
criminal enforcement action against him or her under this subpart, and 
that the forum for any civil or criminal enforcement action under this 
section shall be governed by the CAA, including the EPA administrative 
forum where allowed under the CAA.
    (vii) All reports and other communications with EPA must be in 
English. To the extent that you provide any documents as part of any 
report or other communication with EPA, an English language translation 
of that document must be provided with the report or communication.

[73 FR 15621, Mar. 24, 2008, as amended at 73 FR 15425, Mar. 24, 2008; 
73 FR 78996, Dec. 24, 2008; 74 FR 29603, June 23, 2009]



Sec. 59.502  When do I have to comply with this subpart?

    (a) Except as provided in Sec. 59.509 and paragraphs (b) and (c) of 
this section, you must be in compliance with all provisions of this 
subpart by July 1, 2009.
    (b) The Administrator will consider issuance of a special compliance 
extension that extends the date of compliance until January 1, 2011, to 
regulated entities that have never manufactured, imported, or 
distributed aerosol coatings for sale or distribution in California that 
are in compliance with California's Regulation for Reducing Ozone Formed 
From Aerosol Coating Product Emissions, Title 17, California Code of 
Regulations, sections 94520-94528. In order to be considered for an 
extension of the compliance date, you must submit a special compliance 
extension application to the EPA Administrator no later than 90 days 
before the compliance date or within 90 days before the date that you 
first manufacture aerosol coatings, whichever is later. This application 
must contain the information in paragraphs (b)(1) through (b)(5) of this 
section. If a regulated entity remains unable to comply with the limits 
of this rule by January 1, 2011, the regulated entity may seek a 
variance in accordance with Sec. 59.509.
    (1) Company name;
    (2) A signed certification by a responsible company official that 
the regulated entity has not at any time manufactured, imported, or 
distributed for sale or distribution in California any product in any 
category listed in Table 1 of this subpart that complies with

[[Page 373]]

California's Regulation for Reducing Ozone Formed From Aerosol Coating 
Product Emissions, Title 17, California Code of Regulations, sections 
94520-94528;
    (3) A statement that the regulated entity will, to the extent 
possible within its reasonable control, take appropriate action to 
achieve compliance with this subpart by January 1, 2011;
    (4) A list of the product categories in Table 1 of this subpart that 
the regulated entity manufactures, imports, or distributes; and,
    (5) Name, title, address, telephone, e-mail address, and signature 
of the certifying company official.
    (c) Except as provided in paragraph (b) of this section, the 
compliance date for aerosol coatings that are registered under the 
Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C 136-136y) 
(FIFRA) is January 1, 2010.

[73 FR 15621, Mar. 24, 2008, as amended at 73 FR 78997, Dec. 24, 2008]



Sec. 59.503  What definitions apply to this subpart?

    The following terms are defined for the purposes of this subpart 
only.
    Administrator means the Administrator of the United States 
Environmental Protection Agency (EPA) or an authorized representative.
    Aerosol Coating Product means a pressurized coating product 
containing pigments or resins that is dispensed by means of a propellant 
and is packaged in a disposable can for hand-held application, or for 
use in specialized equipment for ground traffic/marking applications. 
For the purpose of this regulation, applicable aerosol coatings 
categories are listed in Table 1 of this subpart.
    Art Fixative or Sealant means a clear coating, including art 
varnish, workable art fixative and ceramic coating, which is designed 
and labeled exclusively for application to paintings, pencil, chalk, or 
pastel drawings, ceramic art pieces or other closely related art uses, 
in order to provide a final protective coating or to fix preliminary 
stages of artwork while providing a workable surface for subsequent 
revisions.
    ASTM means the American Society for Testing and Materials.
    Autobody Primer means an automotive primer or primer surfacer 
coating designed and labeled exclusively to be applied to a vehicle body 
substrate for the purposes of corrosion resistance and building a repair 
area to a condition in which, after drying, it can be sanded to a smooth 
surface.
    Automotive Bumper and Trim Product means a product, including 
adhesion promoters and chip sealants, designed and labeled exclusively 
to repair and refinish automotive bumpers and plastic trim parts.
    Aviation Propeller Coating means a coating designed and labeled 
exclusively to provide abrasion resistance and corrosion protection for 
aircraft propellers.
    Aviation or Marine Primer means a coating designed and labeled 
exclusively to meet federal specification TT-P-1757.
    Clear Coating means a coating which is colorless, containing resins 
but no pigments except flatting agents, and is designed and labeled to 
form a transparent or translucent solid film.
    Coating Solids means the nonvolatile portion of an aerosol coating 
product, consisting of the film-forming ingredients, including pigments 
and resins.
    Commercial Application means the use of aerosol coating products in 
the production of goods, or the providing of services for profit, 
including touch-up and repair.
    Corrosion Resistant Brass, Bronze, or Copper Coating means a clear 
coating designed and labeled exclusively to prevent tarnish and 
corrosion of uncoated brass, bronze, or copper metal surfaces.
    Distributor means any person who purchases or is supplied aerosol 
coating product for the purposes of resale or distribution in commerce. 
Retailers who fall within this definition are distributors. Importers 
are not distributors.
    Enamel means a coating which cures by chemical cross-linking of its 
base resin and is not resoluble in its original solvent.
    Engine Paint means a coating designed and labeled exclusively to 
coat engines and their components.
    Exact Match Finish, Engine Paint means a coating which meets all of 
the following criteria:

[[Page 374]]

    (1) The product is designed and labeled exclusively to exactly match 
the color of an original, factory-applied engine paint;
    (2) The product is labeled with the manufacturer's name for which 
they were formulated; and
    (3) The product is labeled with one of the following:
    (i) The original equipment manufacturer's (O.E.M.) color code 
number;
    (ii) The color name; or
    (iii) Other designation identifying the specific O.E.M. color to the 
purchaser.
    Exact Match Finish, Automotive means a topcoat which meets all of 
the following criteria:
    (1) The product is designed and labeled exclusively to exactly match 
the color of an original, factory-applied automotive coating during the 
touch-up of automobile finishes;
    (2) The product is labeled with the manufacturer's name for which 
they were formulated; and
    (3) The product is labeled with one of the following:
    (i) The original equipment manufacturer's (O.E.M.) color code 
number;
    (ii) The color name; or
    (iii) Other designation identifying the specific O.E.M. color to the 
purchaser. Notwithstanding the foregoing, automotive clear coatings 
designed and labeled exclusively for use over automotive exact match 
finishes to replicate the original factory-applied finish shall be 
considered to be automotive exact match finishes.
    Exact Match Finish, Industrial means a coating which meets all of 
the following criteria:
    (1) The product is designed and labeled exclusively to exactly match 
the color of an original, factory-applied industrial coating during the 
touch-up of manufactured products;
    (2) The product is labeled with the manufacturer's name for which 
they were formulated; and
    (3) The product is labeled with one of the following:
    (i) O.E.M. color code number;
    (ii) The color name; or
    (iii) Other designation identifying the specific O.E.M. color to the 
purchaser.
    Flat Paint Products means a coating which, when fully dry, registers 
specular gloss less than or equal to 15 on an 85 gloss meter, or less 
than or equal to 5 on a 60 gloss meter, or which is labeled as a flat 
coating.
    Flatting Agent means a compound added to a coating to reduce the 
gloss of the coating without adding color to the coating.
    Floral Spray means a coating designed and labeled exclusively for 
use on fresh flowers, dried flowers, or other items in a floral 
arrangement for the purposes of coloring, preserving or protecting their 
appearance.
    Formulation Data, unless otherwise specified, means the recipe used 
to formulate or manufacture a coating product in terms of the weight 
fraction (g compound/g product) of each individual VOC in the product.
    Fluorescent Coating means a coating labeled as such, which converts 
absorbed incident light energy into emitted light of a different hue.
    Glass Coating means a coating designed and labeled exclusively for 
use on glass or other transparent material to create a soft, translucent 
light effect, or to create a tinted or darkened color while retaining 
transparency.
    Ground Traffic/Marking Coating means a coating designed and labeled 
exclusively to be applied to dirt, gravel, grass, concrete, asphalt, 
warehouse floors, or parking lots. Such coatings must be in a container 
equipped with a valve and spray head designed to direct the spray toward 
the surface when the can is held in an inverted vertical position.
    High Temperature Coating means a coating, excluding engine paint, 
which is designed and labeled exclusively for use on substrates which 
will, in normal use, be subjected to temperatures in excess of 400 F.
    Hobby/Model/Craft Coating means a coating which is designed and 
labeled exclusively for hobby applications and is sold in aerosol 
containers of 6 ounces by weight or less.
    Importer means any person who brings an aerosol coating product that 
was manufactured, filled, or packaged at a location outside of the 
United States into the United States for sale or distribution in the 
United States.

[[Page 375]]

    Ingredient means a component of an aerosol coating product.
    Impurity means an individual chemical compound present in a raw 
material which is incorporated in the final aerosol coatings 
formulation, if the compound is present in amounts below the following 
in the raw material:
    (1) For individual compounds that are carcinogens each compound must 
be present in an amount less than 0.1 percent by weight;
    (2) For all other compounds present in a raw material, a compound 
must be present in an amount less than 1 percent by weight.
    Lacquer means a thermoplastic film-forming material dissolved in 
organic solvent, which dries primarily by solvent evaporation, and is 
resoluble in its original solvent.
    Manufacturer means any person who manufactures or processes an 
aerosol coating product for sale or distribution within the United 
States. Manufacturers include:
    (1) Processors who blend and mix aerosol coatings;
    (2) Contract fillers who develop formulas and package these 
formulations under a distributor's name; and
    (3) Contract fillers who manufacture products using formulations 
provided by a distributor.
    Marine Spar Varnish means a coating designed and labeled exclusively 
to provide a protective sealant for marine wood products.
    Metallic Coating means a topcoat which contains at least 0.5 percent 
by weight elemental metallic pigment in the formulation, including 
propellant, and is labeled as ``metallic,'' or with the name of a 
specific metallic finish such as ``gold,'' ``silver,'' or ``bronze.''
    Multi-Component Kit means an aerosol spray paint system which 
requires the application of more than one component (e.g. foundation 
coat and topcoat), where both components are sold together in one 
package.
    Nonflat Paint Product means a coating which, when fully dry, 
registers a specular gloss greater than 15 on an 85 gloss meter or 
greater than five on a 60 gloss meter.
    Ozone means a colorless gas with a pungent odor, having the 
molecular form O3.
    Person means an individual, corporation, partnership, association, 
state, any agency, department, or instrumentality of the United States, 
and any officer, agent, or employee thereof.
    Photograph Coating means a coating designed and labeled exclusively 
to be applied to finished photographs to allow corrective retouching, 
protection of the image, changes in gloss level, or to cover 
fingerprints.
    Pleasure Craft means privately owned vessels used for noncommercial 
purposes.
    Pleasure Craft Finish Primer/Surfacer/Undercoater means a coating 
designed and labeled exclusively to be applied prior to the application 
of a pleasure craft topcoat for the purpose of corrosion resistance and 
adhesion of the topcoat, and which promotes a uniform surface by filling 
in surface imperfections.
    Pleasure Craft Topcoat means a coating designed and labeled 
exclusively to be applied to a pleasure craft as a final coat above the 
waterline and below the waterline when stored out of water. This 
category does not include clear coatings.
    Polyolefin Adhesion Promoter means a coating designed and labeled 
exclusively to be applied to a polyolefin or polyolefin copolymer 
surface of automotive body parts, bumpers, or trim parts to provide a 
bond between the surface and subsequent coats.
    Primer means a coating labeled as such, which is designed to be 
applied to a surface to provide a bond between that surface and 
subsequent coats.
    Product-Weighted Reactivity (PWR) Limit means the maximum allowed 
``product-weighted reactivity,'' as calculated in Sec. 59.505, of an 
aerosol coating product that is subject to the limits specified in 
Sec. 59.504 for a specific category, expressed as grams of ozone per 
gram (g O3/g of product).
    Propellant means a liquefied or compressed gas that is used in whole 
or in part, such as a co-solvent, to expel a liquid or any other 
material from the same self-pressurized container or from a separate 
container.
    Reactivity Factor (RF) is a measure of the change in mass of ozone 
formed by adding a gram of a VOC to the ambient atmosphere, expressed to 
hundredths of

[[Page 376]]

a gram (g O3/g VOC). The RF values for individual compounds 
and hydrocarbon solvent mixtures are specified in Tables 2A, 2B, and 2C 
of this subpart.
    Retailer means any person who sells, supplies, or offers aerosol 
coating products for sale directly to consumers. Retailers who fall 
within the definition of ``distributor'' in this section are 
distributors.
    Retail Outlet means any establishment where consumer products are 
sold, supplied, or offered for sale, directly to consumers.
    Shellac Sealer means a clear or pigmented coating formulated solely 
with the resinous secretion of the lac beetle (Laccifer lacca), thinned 
with alcohol, and formulated to dry by evaporation without a chemical 
reaction.
    Slip-Resistant Coating means a coating designed and labeled 
exclusively as such, which is formulated with synthetic grit and used as 
a safety coating.
    Small quantity manufacturer means a manufacturer whose total VOC by 
mass included in all aerosol coatings manufactured at all facilities in 
a given calendar year, in the aggregate, is less than 7,500 kilograms.
    Spatter Coating/Multicolor Coating means a coating labeled 
exclusively as such wherein spots, globules, or spatters of contrasting 
colors appear on or within the surface of a contrasting or similar 
background.
    Stain means a coating which is designed and labeled to change the 
color of a surface but not conceal the surface.
    United States means the United States of America, including the 
District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the Northern 
Mariana Islands.
    Vinyl/Fabric/Leather/Polycarbonate Coating means a coating designed 
and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate 
substrates or to coat flexible substrates including rubber or 
thermoplastic substrates.
    Volatile Organic Compound (VOC) means any organic compound as 
defined in Sec. 51.100(s) of this chapter. As provided in 40 CFR 
51.100(s)(7), exemptions from the definition of VOC in 40 CFR 51.100(s) 
for certain compounds that are used in aerosol coatings are inapplicable 
for purposes of this subpart.
    Webbing/Veiling Coating means a coating designed and labeled 
exclusively to provide a stranded to spider webbed appearance when 
applied.
    Weight Fraction means the weight of an ingredient divided by the 
total net weight of the product, expressed to thousandths of a gram of 
ingredient per gram of product (excluding container and packaging).
    Weld-Through Primer means a coating designed and labeled exclusively 
to provide a bridging or conducting effect for corrosion protection 
following welding.
    Wood Stain means a coating which is formulated to change the color 
of a wood surface but not conceal the surface.
    Wood Touch-Up/Repair/Restoration means a coating designed and 
labeled exclusively to provide an exact color or sheen match on finished 
wood products.
    Working Day means any day from Monday through Friday, inclusive, 
except for days that are Federal holidays.



Sec. 59.504  What limits must I meet?

    (a) Except as provided in Sec. 59.509, each aerosol coating product 
you manufacture, distribute or import for sale or use in the United 
States must meet the PWR limits presented in Table 1 of this subpart. 
These limits apply to the final aerosol coating, including the 
propellant. The PWR limits specified in Table 1 of this subpart are also 
applicable to any aerosol coating product that is assembled by adding 
bulk coating to aerosol containers of propellant.
    (b) If a product can be included in both a general coating category 
and a specialty coating category and the product meets all of the 
criteria of the specialty coating category, then the specialty coating 
limit will apply instead of the general coating limit, unless the 
product is a high temperature coating. High-temperature coatings that 
contain at least 0.5 percent by

[[Page 377]]

weight of an elemental metallic pigment in the formulation, including 
propellant, are subject to the limit specified for metallic coatings.
    (c) Except as provided in paragraph (b) of this section, if anywhere 
on the container of any aerosol coating product subject to the limits in 
Table 1 of this subpart, or on any sticker or label affixed to such 
product, or in any sales or advertising literature, the manufacturer, 
importer or distributor of the product makes any representation that the 
product may be used as, or is suitable for use as a product for which a 
lower limit is specified, then the lowest applicable limit will apply.



Sec. 59.505  How do I demonstrate compliance with the reactivity limits?

    (a) To demonstrate compliance with the PWR limits presented in Table 
1 of this subpart, you must calculate the PWR for each coating as 
described in paragraphs (a)(1) through (2) of this section:
    (1) Calculate the weighted reactivity factor (WRF) for each 
propellant and coating component using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR24MR08.013

Where:

WRFi = weighted reactivity factor of component i, g 
          O3/g component i.
RFi = reactivity factor of component i, g O3/g 
          component i, from Table 2A, 2B, or 2C.
WFi = weight fraction of component i in the product,

    (2) Calculate the PWR of each product using Equation 2:
    [GRAPHIC] [TIFF OMITTED] TR24MR08.014
    
Where:

PWRp = PWR for product P, g O3/g product.
WRF1 = weighted reactivity factor for component 1, g 
          O3/g component.
WRF2 = weighted reactivity factor for component 2, g 
          O3/g component.
WRFn = weighted reactivity factor for component n, g 
          O3/g component.

    (b) In calculating the PWR, you must follow the guidelines in 
paragraphs (b)(1) through (b)(4) of this section.
    (1) Any ingredient which does not contain carbon is assigned a RF 
value of 0.
    (2) Any aerosol coating solid, including but not limited to resins, 
pigments, fillers, plasticizers, and extenders is assigned a RF of 0. 
These items do not have to be identified individually in the 
calculation.
    (3) All individual compounds present in the coating in an amount 
equal to or exceeding 0.1 percent will be considered ingredients 
regardless of whether or not the ingredient is reported to the 
manufacturer.
    (4) All individual compounds present in the coating in an amount 
less than 0.1 percent will be assigned an RF value of 0.
    (5) Any component that is a VOC but is not listed in Table 2A, 2B, 
or 2C of this subpart is assigned an RF value as detailed in paragraph 
(e) of this section.
    (c) You may use either formulation data (including information for 
both the liquid and propellant phases), California Air Resources Board 
Method 310--Determination of Volatile Organic Compounds (VOC) in 
Consumer Products and Reactive Organic Compounds in Aerosol Coating 
Products (May 5, 2005) (incorporated by reference in 59.515), or EPA's 
Method 311--Analysis of Hazardous Air Pollutant Compounds in Paints and 
Coatings by Direct Injection into a Gas Chromatograph (40 CFR part 63, 
appendix A), to calculate the PWR. However, if there are inconsistencies 
between the formulation data and the California Air Resources Board 
Method 310 (May 5, 2005) (incorporated by reference in 59.515), or EPA 
Method 311--Analysis of Hazardous Air Pollutant Compounds in Paints and 
Coatings by Direct Injection into a Gas Chromatograph (40 CFR part 63, 
appendix A) results, the California Air Resources Board Method 310 (May 
5, 2005) (incorporated by reference in 59.515), or EPA

[[Page 378]]

Method 311--Analysis of Hazardous Air Pollutant Compounds in Paints and 
Coatings by Direct Injection into a Gas Chromatograph (40 CFR part 63, 
appendix A) results will govern.
    (d) If you manufacture a coating containing either an aromatic or 
aliphatic hydrocarbon solvent mixture, you must use the appropriate RF 
for that mixture provided in Table 2B or 2C of this subpart when 
calculating the PWR using formulation data. However, when calculating 
the PWR for a coating containing these mixtures using data from 
California Air Resources Board Method 310 (May 5, 2005) (incorporated by 
reference in 59.515), or EPA Method 311--Analysis of Hazardous Air 
Pollutant Compounds in Paints and Coatings by Direct Injection into a 
Gas Chromatograph (40 CFR part 63, appendix A), you must identify the 
individual compounds that are present in the solvent mixture and use the 
weight fraction of those individual compounds and their RF from Table 2A 
of this subpart in the calculation.
    (e) If a VOC is used in a product but not listed in Table 2A of this 
subpart, the Reactivity Factor (RF) is assigned according to paragraphs 
(e)(1), (e)(2), (e)(3) or (e)(4) of this section.
    (1) If the VOC is not listed in Table 2A of this subpart, but has an 
RF greater than 0.3, the regulated entity may petition EPA to add the 
VOC to Table 2A, as described in Sec. 59.511(j). Based on these 
petitions, EPA will periodically update the appropriate table. Once an 
RF for a VOC is listed on the appropriate table, that RF will be used 
for that VOC for the purposes of this rule. As provided in 
Sec. 59.511(j), any petitions submitted to EPA on or before June 1, 
2008, will be considered, and if appropriate, incorporated into Table 2A 
on or before January 1, 2009.
    (2) If the VOC is used in a product but not listed in Table 2A of 
this regulation, and has an RF less than or equal to 0.3, and will be 
used at a level greater than or equal to 7.3 weight percent (g of 
compound/g product) in any of the regulated entity's formulations, the 
regulated entity may petition EPA as described in Sec. 59.511(j). Based 
on these petitions, EPA will periodically update the appropriate table. 
Once an RF for a VOC is listed on the appropriate table, that RF will be 
used for that VOC for the purposes of this rule. As provided in 
Sec. 59.511(j), any petition submitted to EPA on or before June 1, 2008 
will be considered, and if appropriate, incorporated into Table 2A on or 
before January 1, 2009.
    (3) If a compound has an RF less than or equal to 0.3, and will not 
be used at a level greater than or equal to 7.3 weight percent (g of 
compound/g product) in any of the regulated entity's formulations, the 
RF to be used in all calculations by that entity for this subpart is 0.
    (4) Except as provided in paragraph (e)(1), (e)(2) and (e)(3) of 
this section, if a VOC is not listed in Table 2A of this subpart, it is 
assigned a default RF factor of 22.04 g O3/g VOC. As described in 
Sec. 59.511(j), regulated entities may petition the Administrator to add 
a compound or mixture to Table 2A, 2B, or 2C of this subpart.
    (f) In calculating the PWR value for a coating containing an 
aromatic hydrocarbon solvent with a boiling range different from the 
ranges specified in Table 2C of this subpart, you must assign an RF as 
described in paragraphs (f)(1) and (f)(2) of this section:
    (1) If the solvent boiling point is lower than or equal to 420 
degrees F, then you must use the RF in Table 2C of this subpart 
specified for bin 23;
    (2) If the solvent boiling point is higher than 420 degrees F, then 
you must use the RF specified in Table 2C of this subpart for bin 24.
    (g) For purposes of compliance with the PWR limits, all compounds 
listed in Tables 2A, 2B, or 2C that are used in the aerosol coating 
products must be included in the calculation. This includes compounds 
that may otherwise be exempted from the definition of VOC in 
Sec. 59.100(s).



Sec. 59.506  How do I demonstrate compliance if I manufacture multi-component kits?

    (a) If you manufacture multi-component kits as defined in 
Sec. 59.503, then the Kit PWR must not exceed the Total Reactivity 
Limit.
    (b) You must calculate the Kit PWR and the Total Reactivity Limit as 
follows:

[[Page 379]]

    (1) KIT PWR = (PWR(1)  W1) + 
(PWR(2)  W2) + . ... + (PWR(n)  
Wn)
    (2) Total Reactivity Limit = (RL1  W1) + 
(RL2  W2) + ... + (RLn  
Wn).
    (3) Kit PWR Total Reactivity Limit.

Where:

W = the weight of the product contents (excluding container).
RL = the PWR Limit specified in Table 1 of this subpart.
Subscript 1 denotes the first component product in the kit.
Subscript 2 denotes the second component product in the kit.
Subscript n denotes any additional component product.



Sec. 59.507  What are the labeling requirements for aerosol coatings?

    (a) The labels of all aerosol products manufactured on and after the 
applicable compliance date listed in Sec. 59.502 must contain the 
information listed in paragraphs (a)(1) through (4) of this section.
    (1) The aerosol coating category code for the coating, based on the 
category definitions in Sec. 59.503. This code can be the default 
category code shown in Table 1 of this subpart or a company-specific 
code, if that code is explained as required by Sec. 59.511(a);
    (2) The applicable PWR limit for the product specified in Table 1 of 
this subpart;
    (3) The day, month, and year on which the product was manufactured, 
or a code indicating such date;
    (4) The name and a contact address for the manufacturer, 
distributor, or importer that is the regulated entity under this 
subpart.
    (b) The label on the product must be displayed in such a manner that 
it is readily observable without removing or disassembling any portion 
of the product container or packaging. The information may be displayed 
on the bottom of the container as long as it is clearly legible without 
removing any product packaging.



Sec. 59.508  What test methods must I use?

    (a) Except as provided in Sec. 59.505(c), you must use the 
procedures in California Air Resource Board Method 310--Determination of 
Volatile Organic Compounds (VOC) in Consumer Products and Reactive 
Organic Compounds in Aerosol Coating Products (May 5, 2005) 
(incorporated by reference in Sec. 59.515) or EPA's Method 311--Analysis 
of Hazardous Air Pollutant Compounds in Paints and Coatings by Direct 
Injection into a Gas Chromatograph (40 CFR part 63, appendix A) to 
determine the speciated ingredients and weight percentage of each 
ingredient of each aerosol coating product. EPA Method 311--Analysis of 
Hazardous Air Pollutant Compounds in Paints and Coatings by Direct 
Injection into a Gas Chromatograph (40 CFR part 63, appendix A) must be 
used in conjunction with ASTM Method D3063-94 or D3074-94 for analysis 
of the propellant portion of the coating. Those choosing to use 
California Air Resources Board Method 310 (May 5, 2005) (incorporated by 
reference in Sec. 59.515) must follow the procedures specified in 
section 5.0 of that method with the exception of section 5.3.1, which 
requires the analysis of the VOC content of the coating. For the 
purposes of this subpart, you are not required to determine the VOC 
content of the aerosol coating. For both California Air Resources Board 
Method 310 (May 5, 2005) (incorporated by reference in Sec. 59.515) and 
EPA Method 311--Analysis of Hazardous Air Pollutant Compounds in Paints 
and Coatings by Direct Injection into a Gas Chromatograph (40 CFR part 
63, appendix A), you must have a listing of the VOC ingredients in the 
coating before conducting the analysis.
    (b) To determine the metal content of metallic aerosol coating 
products, you must use South Coast Air Quality Management District 
(SCAQMD) Method 318-95, Determination of Weight Percent Elemental Metal 
in Coatings by X-ray Diffraction, July, 1996, in 40 CFR part 59 
(incorporated by reference in Sec. 59.515).
    To determine the specular gloss of flat and nonflat coatings you 
must use ASTM Method D523-89 (Reapproved 1999), Standard Test Method for 
Specular Gloss, in 40 CFR part 59 (incorporated by reference in 
Sec. 59.515).



Sec. 59.509  Can I get a variance?

    (a) Any regulated entity that cannot comply with the requirements of 
this subpart because of circumstances beyond its reasonable control may 
apply in writing to the Administrator for a

[[Page 380]]

temporary variance. The variance application must include the 
information specified in paragraphs (a)(1) through (a)(5) of this 
section.
    (1) The specific products for which the variance is sought.
    (2) The specific provisions of the subpart for which the variance is 
sought.
    (3) The specific grounds upon which the variance is sought.
    (4) The proposed date(s) by which the regulated entity will achieve 
compliance with the provisions of this subpart. This date must be no 
later than 3 years after the issuance of a variance.
    (5) A compliance plan detailing the method(s) by which the regulated 
entity will achieve compliance with the provisions of this subpart.
    (b) Within 30 days of receipt of the original application and within 
30 days of receipt of any supplementary information that is submitted, 
the Administrator will send a regulated entity written notification of 
whether the application contains sufficient information to make a 
determination. If an application is incomplete, the Administrator will 
specify the information needed to complete the application, and provide 
the opportunity for the regulated entity to submit written supplementary 
information or arguments to the Administrator to enable further action 
on the application. The regulated entity must submit this information to 
the Administrator within 30 days of being notified that its application 
is incomplete.
    (c) Within 60 days of receipt of sufficient information to evaluate 
the application, the Administrator will send a regulated entity written 
notification of approval or disapproval of a variance application. This 
60-day period will begin after the regulated entity has been sent 
written notification that its application is complete.
    (d) The Administrator will issue a variance if the criteria 
specified in paragraphs (d)(1) and (d)(2) of this section are met to the 
satisfaction of the Administrator.
    (1) Complying with the provisions of this subpart would not be 
technologically or economically feasible.
    (2) The compliance plan proposed by the applicant can reasonably be 
implemented and will achieve compliance as expeditiously as possible.
    (e) A variance must specify dates by which the regulated entity will 
achieve increments of progress towards compliance, and will specify a 
final compliance date by which the regulated entity will achieve 
compliance with this subpart.
    (f) A variance will cease to be effective upon failure of the party 
to whom the variance was issued to comply with any term or condition of 
the variance.



Sec. 59.510  What records am I required to maintain?

    (a) If you are the regulated entity identified in Sec. 59.501(a) as 
being responsible for recordkeeping for a product, and no other person 
has certified that they will fulfill your recordkeeping responsibilities 
as provided in Sec. 59.511(g), you must comply with paragraphs (a)(1) 
through (a)(5) of this section:
    (1) All records must be maintained on and after the applicable 
compliance date listed in Sec. 59.502.
    (2) You are required to maintain records of the following at the 
location specified in Sec. 59.511(b)(4) for each product subject to the 
PWR limits in Table 1 of this subpart: The product category, all product 
calculations, the PWR, and the weight fraction of all ingredients 
including: Water, total solids, each VOC, and any other compounds 
assigned a RF of zero as specified in Sec. 59.505. Solids do not have to 
be listed individually in these records. If an individual VOC is present 
in an amount less than 0.1 percent by weight, then it does not need to 
be reported as an ingredient. An impurity that meets the definition 
provided in Sec. 59.503 does not have to be reported as an ingredient. 
For each batch of each product subject to the PWR limits, you must 
maintain records of the date the batch was manufactured, the volume of 
the batch, the recipe used for formulating the batch, and the number of 
cans manufactured in each batch and each formulation.
    (3) You must maintain a copy of each notification and report that 
you submit to comply with this subpart, the documentation supporting 
each notification, and a copy of the label for each product.

[[Page 381]]

    (4) If you claim the exemption under Sec. 59.501(e), you must 
maintain a copy of the initial report and each annual report that you 
submit to EPA, and the documentation supporting such report.
    (5) You must maintain all records required by this subpart for a 
minimum of 5 years. The records must be in a form suitable and readily 
available for inspection and review.
    (b) By providing the written certification to the Administrator in 
accordance with Sec. 59.511(g), the certifying entity accepts 
responsibility for compliance with the recordkeeping requirements of 
this section with respect to any products covered by the written 
certification, as detailed in the written certification. Failure to 
maintain the required records may result in enforcement action by EPA 
against the certifying entity in accordance with the enforcement 
provisions applicable to violation of these provisions by regulated 
entities. If the certifying entity revokes its certification, as allowed 
by Sec. 59.511(h), the regulated entity must assume responsibility for 
maintaining all records required by this section.

[73 FR 15621, Mar. 24, 2008, as amended at 74 FR 29603, June 23, 2009]



Sec. 59.511  What notifications and reports must I submit?

    (a) If you are the regulated entity identified in Sec. 59.501(a) and 
(b) as being responsible for notifications and reporting for a product, 
and no other person has certified that they will fulfill your 
notification and reporting responsibilities as provided in paragraph (g) 
of this section, you are responsible for all notifications and reports 
included in this section. If no distributor is named on the label, the 
manufacturer or importer of the aerosol coating is responsible for all 
requirements of this section, even if not listed on the label.
    (b) You must submit an initial notification no later than July 31, 
2009, or on or before the date that you first manufacture, distribute, 
or import aerosol coatings, whichever is later. The initial notification 
must include the information in paragraphs (b)(1) through (b)(11) of 
this section.
    (1) Company name;
    (2) Name, title, address, telephone number, e-mail address and 
signature of certifying company official;
    (3) A list of the product categories from Table 1 of this subpart 
that you manufacture, import, or distribute;
    (4) The street address of each of your facilities in the United 
States that is manufacturing, packaging, or importing aerosol coatings 
that are subject to the provisions of this subpart, and the street 
address where compliance records are maintained for each site, if 
different;
    (5) A description of date coding systems, clearly explaining how the 
date of manufacture is marked on each sales unit;
    (6) An explanation of the product category codes that will be used 
on all required labels, or a statement that the default category codes 
in Table 1 of this subpart will be used;
    (7) For each product category, an explanation of how the 
manufacturer, distributor, or importer will define a batch for the 
purpose of the recordkeeping requirements;
    (8) A list of any compounds or mixtures that will be used in aerosol 
coatings that are not included in Table 2A, 2B, or 2C of this subpart;
    (9) For each product category, VOC formulation data for each 
formulation that you anticipate manufacturing, importing, or 
distributing for calendar year 2009 or for the first year that includes 
your compliance date, if different than 2009. If a regulated entity can 
certify that the reporting is being completed by another regulated 
entity for any product, no second report is required. The formulation 
data must include the weight fraction (g compound/g product) for each 
VOC ingredient used in the product in an amount greater than or equal to 
0.1 percent. The formulation data must also include the information in 
either paragraph (b)(9)(i) or (b)(9)(ii) of this section for each VOC 
ingredient reported.
    (i) For compounds listed in Table 2A of this regulation, the 
chemical name, CAS number, and the applicable reactivity factor; or
    (ii) For hydrocarbon solvent mixtures listed in either 2B or 2C or 
this

[[Page 382]]

subpart, the trade name, solvent mixture manufacturer, bin number, and 
the applicable reactivity factor.
    (10) For each product formulation, a list of the unique product 
codes by Universal Product Code (UPC), or other unique identifier; and
    (11) A statement certifying that all products manufactured by the 
company that are subject to the limits in Table 1 of this subpart will 
be in compliance with those limits.
    (c) If you change any information included in the initial 
notification required by paragraph (b) of this section, including the 
list of aerosol categories, contact information, records location, the 
category or date coding system, or the list required under paragraph 
(b)(8) of this section, you must notify the Administrator of such 
changes within 30 days following the change. You are also required to 
notify the Administrator within 30 days of the date that you begin using 
an organic compound in any of your aerosol coating products if that 
compound has an RF less than or equal to 0.3, and is used at a level 
greater than or equal to 7.3 weight percent (g of compound/g product) in 
any of your formulations. You are not required to notify the 
Administrator within 30 days of changes to the information provided as 
required by paragraph (b)(9) of this section. Changes in formulation are 
to be reported in the triennial reporting required by paragraph (i) of 
this section.
    (d) Upon 60 days written notice, you must submit to the 
Administrator a written report with all the information in paragraphs 
(d)(1) through (d)(5) of this section for each product you manufacture, 
distribute, or import under your name or another company's name.
    (1) The brand name of the product;
    (2) A copy of the product label;
    (3) The owner of the trademark or brand names;
    (4) The product category as defined in Sec. 59.503;
    (5) For each product, formulation data for each formulation that 
manufactured, imported, or distributed in the requested time period. The 
formulation data must include the weight fraction (g compound/g product) 
for each VOC ingredient used in the product in an amount greater than or 
equal to 0.1 percent, plus the weight fraction of all other ingredients 
including: Water, total solids, and any other compounds assigned an RF 
of zero. The formulation data must also include the information in 
either paragraph (d)(5)(i) or (ii) of this section.
    (i) For compounds listed in Table 2A of this subpart, the chemical 
name, CAS number, and the applicable reactivity factor.
    (ii) For hydrocarbon solvent mixtures listed in either 2B or 2C or 
this table, the trade name, solvent mixture manufacturer, bin number, 
and the applicable reactivity factor.
    (e) If you claim the exemption under Sec. 59.501(e), you must submit 
an initial notification no later than July 31, 2009, or on or before the 
date that you first manufacture aerosol coatings, whichever is later.The 
initial notification must include the information in paragraphs (e)(1) 
through (e)(6) of this section.
    (1) Company name;
    (2) Name, title, number, address, telephone number, e-mail address, 
and signature of certifying company official;
    (3) A list of the product categories from Table 1 of this subpart 
that you manufacture;
    (4) The total amount of product you manufacture in each category and 
the total VOC mass content of such products for the preceding calendar 
year;
    (5) The street address of each of your facilities in the United 
States that is manufacturing aerosol coatings that are subject to the 
provisions of this subpart and the street address where compliance 
records are maintained for each site, if different; and
    (6) A list of the States in which you sell or otherwise distribute 
the products you manufacture.
    (f) If you claim the exemption under Sec. 59.501(e), you must file 
an annual report for each year in which you claim an exemption from the 
limits of this subpart. Such annual report must be filed by March 1 of 
the year following the year in which you manufactured the products. The 
annual report shall include the same information required in paragraphs 
(e)(1) through (e)(6) of this section.
    (g) If you are a manufacturer, importer, or distributor who chooses 
to

[[Page 383]]

certify that you will maintain records for a regulated entity for all or 
part of the purposes of Sec. 59.510 and this section, you must submit a 
notice to the appropriate EPA Regional Office listed in Sec. 59.512. At 
the same time that this notice is sent to the appropriate EPA Regional 
Office, a copy of the notice must be sent to the regulated entity for 
which you are accepting responsibility for recordkeeping and reporting 
requirements. After the certifying entity submits this notice to the 
appropriate EPA Regional Office, both the certifying entity and the 
regulated entity are liable for any failure to keep records or submit 
records and for any inaccurate records or reports covered by the notice, 
and one or both may be subject to an enforcement action in accordance 
with the enforcement provisions applicable to violation of these 
provisions. This notice must include the information contained in 
paragraphs (g)(1) though (g)(5) of this section.
    (1) Name and address of certifying entity;
    (2) Name and address(es) of the regulated entity for which you are 
accepting responsibility;
    (3) Description of specific requirements in Sec. 59.510 and this 
section for which you are assuming responsibility and explanation of how 
all required information under this subpart will be maintained and 
submitted, as required, by you or the regulated entity; including 
identification of the products covered by the notice and the location or 
locations where the records will be maintained;
    (4) A statement that the certifying entity understands that the 
failure to fulfill the responsibilities that it is assuming may result 
in an enforcement action against it in accordance with the enforcement 
provisions applicable to violation of these provisions by regulated 
entities; and
    (5) The signature of the responsible official for the certifying 
entity.
    (h) An entity that has provided certification under paragraph (g) of 
this section (the ``certifying entity'') may revoke the written 
certification by sending a written statement to the appropriate Regional 
Office listed in Sec. 59.512 and to the regulated entity for which the 
certifying had accepted responsibility, giving a minimum of 90 days 
notice that the certifying entity is rescinding acceptance of 
responsibility for compliance with the requirements outlined in the 
certification letter. Upon expiration of the notice period, the 
regulated entity must assume responsibility for all applicable 
requirements.
    (i) As a regulated entity in accordance with paragraph (a) of this 
section, you must provide the information requested in paragraphs (i)(1) 
through (i)(4) of this section every three years beginning in 2011 for 
reporting year 2010. The report shall be submitted by March 31 of the 
year following the reporting year to the appropriate Regional Office 
listed in Sec. 59.512. The first report is due March 31, 2011, for 
calendar year 2010.
    (1) All identification information included in paragraphs (b)(1), 
(b)(2), and (b)(4) of this section;
    (2) For each product category, VOC formulation data for each 
formulation that was manufactured, imported, or distributed in the 
reporting year. The formulation data must include the weight fraction (g 
compound/g product) for each VOC ingredient used in the product in an 
amount equal to or greater than 0.1 percent. If a regulated entity can 
certify that the reporting is being completed by another regulated 
entity for any product, no second report is required. The formulation 
data must include the information in either paragraph (i)(2)(i) or 
(i)(2)(ii) of this section for each VOC present in an amount greater 
than or equal to 0.1 percent.
    (i) For compounds listed in Table 2A of this subpart, the chemical 
name, CAS number, and the applicable reactivity factor; or
    (ii) For hydrocarbon solvent mixtures listed in either 2B or 2C of 
this subpart, the trade name, solvent mixture manufacturer, bin number, 
and the applicable reactivity factor.
    (3) For each formulation, the total mass of each individual VOC 
species present in an amount greater than or equal to 0.1 percent of the 
formulation, that was manufactured, imported, or distributed in the 
reporting year; and

[[Page 384]]

    (4) For each formulation, a list of the individual product codes by 
UPC or other unique identifier.
    (j) If a regulated entity identifies a VOC that is needed for an 
aerosol formulation that is not listed in Tables 2A, 2B, or 2C of this 
subpart, it is assigned a default RF factor of 22.04 g O3/g VOC. 
Regulated entities may petition the Administrator to add a compound to 
Table 2A, 2B, or 2C of this subpart. Petitions must include the chemical 
name, CAS number, a statement certifying the intent to use the compound 
in an aerosol coatings product, and adequate information for the 
Administrator to evaluate the reactivity of the compound and assign a RF 
value consistent with the values for the other compounds listed in Table 
2A of this subpart. Any requests submitted to EPA on or before June 1, 
2008 will be considered and, if appropriate, incorporated into Table 2A, 
2B, or 2C of this subpart on or before January 1, 2009.

[73 FR 15621, Mar. 24, 2008, as amended at 73 FR 78997, Dec. 24, 2008; 
74 FR 29604, June 23, 2009]



Sec. 59.512  Addresses of EPA regional offices.

    All requests (including variance requests), reports, submittals, and 
other communications to the Administrator pursuant to this regulation 
shall be submitted to the Regional Office of the EPA which serves the 
State or territory for the address that is listed on the aerosol coating 
product in question. These areas are indicated in the following list of 
EPA Regional Offices.

EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
    Island, Vermont), Director, Office of Environmental Stewardship, 5 
    Post Office Square--Suite 100, Boston, MA 02109-3912.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), 
    Director, Division of Enforcement and Compliance Assistance, 290 
    Broadway, New York, NY 10007-1866.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
    Virginia, West Virginia), Air Protection Division, 1650 Arch Street, 
    Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
    Carolina, South Carolina, Tennessee), Director, Air Pesticides and 
    Toxics, Management Division, Atlanta Federal Center, 61 Forsyth 
    Street, SW., Atlanta, GA 30303-3104.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
    Director, Air and Radiation Division, 77 West Jackson Blvd., 
    Chicago, IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 
    Director, Air, Pesticides and Toxics Division, 1445 Ross Avenue, 
    Dallas, TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and 
    Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 
    66219.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
    Wyoming), Director, Air and Toxics Division, 1595 Wynkoop Street, 
    Denver, CO 80202-1129.
EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii, 
    Nevada), Director, Air Division, 75 Hawthorne Street, San Francisco, 
    CA 94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Air and 
    Toxics Division, 1200 Sixth Avenue, Seattle, WA 98101.

[73 FR 15621, Mar. 24, 2008, as amended at 74 FR 29604, June 23, 2009; 
76 FR 49672, Aug. 11, 2011; 78 FR 37976, June 25, 2013]



Sec. 59.513  State authority.

    The provisions in this regulation will not be construed in any 
manner to preclude any State or political subdivision thereof from:
    (a) Adopting and enforcing any emission standard or limitation 
applicable to a manufacturer, distributor or importer of aerosol 
coatings or components in addition to the requirements of this subpart.
    (b) Requiring the manufacturer, distributor or importer of aerosol 
coatings or components to obtain permits, licenses, or approvals prior 
to initiating construction, modification, or operation of a facility for 
manufacturing an aerosol coating or component.

[[Page 385]]



Sec. 59.514  Circumvention.

    Each manufacturer, distributor, and importer of an aerosol coating 
or component subject to the provisions of this subpart must not alter, 
destroy, or falsify any record or report, to conceal what would 
otherwise be noncompliance with this subpart. Such concealment includes, 
but is not limited to, refusing to provide the Administrator access to 
all required records and date-coding information, misstating the PWR 
content of a coating or component batch, or altering the results of any 
required tests to determine the PWR.



Sec. 59.515  Incorporations by reference.

    (a) The following material is incorporated by reference (IBR) in the 
paragraphs noted in Sec. 59.508. These incorporations by reference were 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as 
they exist on the date of approval, and notice of any changes in these 
materials will be published in the Federal Register.
    (1) California Air Resources Board Method 310--Determination of 
Volatile Organic Compounds (VOC) in Consumer Products and Reactive 
Organic Compounds in Aerosol Coating Products (May 5, 2005), IBR 
approved for Sec. 59.508.
    (2) South Coast Air Quality Management District (SCAQMD) Test Method 
318-95, Determination of Weight Percent Elemental Metal in Coatings by 
X-ray Diffraction, (July, 1996), IBR approved for Sec. 59.508.
    (3) ASTM Method D523-89 (Reapproved 1999), Standard Test Method for 
Specular Gloss, IBR approved for Sec. 59.508.
    (b) You may obtain and inspect the materials at the Air and 
Radiation Docket and Information Center, U.S. EPA, 401 M Street, SW., 
Washington, DC; the EPA Library, 109 T.W. Alexander Drive, U.S. EPA, 
Research Triangle Park, North Carolina; you may inspect the materials at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

[73 FR 15621, Mar. 24, 2008, as amended at 77 FR 14283, Mar. 9, 2012]



Sec. 59.516  Availability of information and confidentiality.

    (a) Availability of information. The availability to the public of 
information provided to or otherwise obtained by the Administrator under 
this part shall be governed by part 2 of this chapter.
    (b) Confidentiality. All confidential business information entitled 
to protection under section 114(c) of the Clean Air Act (CAA) that must 
be submitted or maintained by each regulated entity pursuant to this 
subpart shall be treated in accordance with 40 CFR part 2, subpart B.
    (c) Reports and Applications. The content of all reports and 
applications required to be submitted to the Agency under Sec. 59.511, 
Sec. 59.509, or Sec. 59.502 are not entitled to protection under Section 
114(c) of the CAA.



Sec. Table 1 to Subpart E of Part 59--Product-Weighted Reactivity Limits 
                           by Coating Category

----------------------------------------------------------------------------------------------------------------
                                                                                               Reactivity limit
                     Coating category                              Category code \a\           (g O3/g product)
----------------------------------------------------------------------------------------------------------------
Clear Coatings...........................................  CCP                                              1.50
Flat Coatings............................................  FCP                                              1.20
Fluorescent Coatings.....................................  FLP                                              1.75
Metallic Coatings........................................  MCP                                              1.90
Non-Flat Coatings........................................  NFP                                              1.40
Primers..................................................  PCP                                              1.20
Ground Traffic/Marking...................................  GTM                                              1.20
Art Fixatives or Sealants................................  AFS                                              1.80
Auto Body Primers........................................  ABP                                              1.55
Automotive Bumper and Trim Products......................  ABT                                              1.75
Aviation or Marine Primers...............................  AMP                                              2.00
Aviation Propellor Coatings..............................  APC                                              2.50

[[Page 386]]

 
Corrosion Resistant Brass, Bronze, or Copper Coatings....  CRB                                              1.80
Exact Match Finish--Engine Enamel........................  EEE                                              1.70
Exact Match Finish--Automotive...........................  EFA                                              1.50
Exact Match Finish--Industrial...........................  EFI                                              2.05
Floral Sprays............................................  FSP                                              1.70
Glass Coatings...........................................  GCP                                              1.40
High Temperature Coatings................................  HTC                                              1.85
Hobby/Model/Craft Coatings, Enamel.......................  HME                                              1.45
Hobby/Model/Craft Coatings, Lacquer......................  HML                                              2.70
Hobby/Model/Craft Coatings, Clear or Metallic............  HMC                                              1.60
Marine Spar Varnishes....................................  MSV                                              0.90
Photograph Coatings......................................  PHC                                              1.00
Pleasure Craft Primers, Surfacers or Undercoaters........  PCS                                              1.05
Pleasure Craft Topcoats..................................  PCT                                              0.60
Polyolefin Adhesion Promoters............................  PAP                                              2.50
Shellac Sealers, Clear...................................  SSC                                              1.00
Shellac Sealers, Pigmented...............................  SSP                                              0.95
Slip-Resistant Coatings..................................  SRC                                              2.45
Spatter/Multicolor Coatings..............................  SMC                                              1.05
Vinyl/Fabric/Leather/Polycarbonate Coatings..............  VFL                                              1.55
Webbing/Veiling Coatings.................................  WFC                                              0.85
Weld-Through Primers.....................................  WTP                                              1.00
Wood Stains..............................................  WSP                                              1.40
Wood Touch-up/Repair or Restoration Coatings.............  WTR                                              1.50
----------------------------------------------------------------------------------------------------------------
\a\ Regulated entities may use these category codes or define their own in accordance with Sec.  59.511(b)(6).


[77 FR 14283, Mar. 9, 2012]



        Sec. Table 2A to Subpart E of Part 59--Reactivity Factors

------------------------------------------------------------------------
                                                            Reactivity
                Compound                      CAS No.     factor (g O3/g
                                                               VOC)
------------------------------------------------------------------------
Formaldehyde............................         50-00-0            8.97
Glycerol (1,2,3-Propanetriol)...........         56-81-5            3.27
Propylene Glycol........................         57-55-6            2.75
Ethanol.................................         64-17-5            1.69
Formic Acid.............................         64-18-6            0.08
Acetic Acid.............................         64-19-7            0.71
Methanol................................         67-56-1            0.71
Isopropyl Alcohol (2-Propanol)..........         67-63-0            0.71
Acetone (Propanone).....................         67-64-1            0.43
n-Propanol (n-Propyl Alcohol)...........         71-23-8            2.74
n-Butyl Alcohol (Butanol)...............         71-36-3            3.34
n-Pentanol (Amyl Alcohol)...............         71-41-0            3.35
Benzene.................................         71-43-2            0.81
1,1,1-Trichloroethane...................         71-55-6            0.00
Propane.................................         74-98-6            0.56
Vinyl Chloride..........................         75-01-4            2.92
Acetaldehyde............................         75-07-0            6.84
Methylene Chloride (Dichloromethane)....         75-09-2            0.07
Ethylene Oxide..........................         75-21-8            0.05
Isobutane...............................         75-28-5            1.35
HFC-152A (1,1-Difluoroethane)...........         75-37-6            0.00
Propylene Oxide.........................         75-56-9            0.32
t-Butyl Alcohol.........................         75-65-0            0.45
Methyl t-Butyl Ketone...................         75-97-8            0.78
Isophorone (3,5,5-Trimethyl-2-                   78-59-1           10.58
 Cyclohexenone).........................
Isopentane..............................         78-78-4            1.68
Isobutanol..............................         78-83-1            2.24
2-Butanol (s-Butyl Alcohol).............         78-92-2            1.60
Methyl Ethyl Ketone (2-Butanone)........         78-93-3            1.49
Monoisopropanol Amine (1-Amino-2-                78-96-6           13.42
 Propanol)..............................
Trichloroethylene.......................         79-01-6            0.60
Propionic Acid..........................         79-09-4            1.16
Acrylic Acid............................         79-10-7           11.66
Methyl Acetate..........................         79-20-9            0.07
Nitroethane.............................         79-24-3           12.79
Methacrylic Acid........................         79-41-4           18.78
a-Pinene (Pine Oil).....................         80-56-8            4.29
Methyl Methacrylate.....................         80-62-6           15.84

[[Page 387]]

 
Naphthalene.............................         91-20-3            3.26
Xylene, ortho-..........................         95-47-6            7.49
o-Cresol................................         95-48-7            2.34
1,2,4-Trimethylbenzene..................         95-63-6            7.18
3-Pentanone.............................         96-22-0            1.45
Methyl Ethyl Ketoxime (Ethyl Methyl              96-29-7           22.04
 Ketone Oxime)..........................
gamma-Butyrolactone.....................         96-48-0            1.15
Ethyl Lactate...........................         97-64-3            2.71
Isobutyl Isobutyrate....................         97-85-8            0.61
Isobutyl Methacrylate...................         97-86-9            8.99
Butyl Methacrylate......................         97-88-1            9.09
Benzotrifluoride........................         98-08-8            0.26
PCBTF (p-Trifluoromethyl-Cl-Benzene)....         98-56-6            0.11
Cumene (Isopropyl Benzene)..............         98-82-8            2.32
a-Methyl Styrene........................         98-83-9            1.72
Ethyl Benzene...........................        100-41-4            2.79
Styrene.................................        100-42-5            1.95
Benzaldehyde............................        100-52-7            0.00
Triethanolamine.........................        102-71-6            2.76
2-Ethyl-Hexyl Acetate...................        103-09-3            0.79
2-Ethyl-Hexyl Acrylate..................        103-11-7            2.42
2-Ethyl-1-Hexanol (Ethyl Hexyl Alcohol).        104-76-7            2.20
Ethyl Propionate........................        105-37-3            0.79
s-Butyl Acetate.........................        105-46-4            1.43
n-Propyl Propionate.....................        106-36-5            0.93
Xylene, para-...........................        106-42-3            4.25
p-Dichlorobenzene.......................        106-46-7            0.20
Dimethyl Succinate......................        106-65-0            0.23
1,2-Epoxybutane (Ethyl Oxirane).........        106-88-7            1.02
n-Propyl Bromide........................        106-94-5            0.35
Butane..................................        106-97-8            1.33
1,3-Butadiene...........................        106-99-0           13.58
Ethylene Glycol.........................        107-21-1            3.36
2-Methyl-2,4-Pentanediol................        107-41-5            1.04
Hexamethyldisiloxane....................        107-46-0            0.00
Isohexane Isomers.......................        107-83-5            1.80
Methyl n-Propyl Ketone (2-Pentanone)....        107-87-9            3.07
Propylene Glycol Monmethyl Ether (1-            107-98-2            2.62
 Methoxy-2-Propanol)....................
n,n-Dimethylethanolamine................        108-01-0            4.76
1-Nitropropane..........................        108-03-2           16.16
Vinyl Acetate...........................        108-05-4            3.26
Methyl Isobutyl Ketone..................        108-10-1            4.31
Isopropyl Acetate.......................        108-21-4            1.12
Propylene Carbonate (4-Methyl-1,3-              108-32-7            0.25
 Dioxolan-2one).........................
Xylene, meta-...........................        108-38-3           10.61
Propylene Glycol Monomethyl Ether               108-65-6            1.71
 Acetate (1-Methoxy-2-Propyl Acetate)...
1,3,5-Trimethyl Benzene.................        108-67-8           11.22
Di-Isobutyl Ketone (2,6-Dimethyl-4-             108-83-8            2.94
 Heptanone).............................
Methylcyclohexane.......................        108-87-2            1.99
Toluene.................................        108-88-3            3.97
Monochlorobenzene.......................        108-90-7            0.36
Cyclohexanol............................        108-93-0            2.25
Cyclohexanone...........................        108-94-1            1.61
n-Butyl Butyrate........................        109-21-7            1.12
Propyl Acetate..........................        109-60-4            0.87
Pentane.................................        109-66-0            1.54
Ethylene Glycol Monomethyl Ether (2-            109-86-4            2.98
 Methoxyethanol)........................
Tetrahydrofuran.........................        109-99-9            4.95
Methyl Isoamyl Ketone (5-Methyl-2-              110-12-3            2.10
 Hexanone)..............................
Isobutyl Acetate........................        110-19-0            0.67
Methyl Amyl Ketone......................        110-43-0            2.80
Hexane..................................        110-54-3            1.45
n-Propyl Formate........................        110-74-7            0.93
2-Ethoxyethanol.........................        110-80-5            3.78
Cyclohexane.............................        110-82-7            1.46
Morpholine..............................        110-91-8           15.43
Dipropylene Glycol......................        110-98-5            2.48
Ethylene Glycol Monoethyl Ether Acetate         111-15-9            1.90
 (2-Ethoxyethyl Acetate)................
Diethylenetriamine......................        111-40-0           13.03
Diethanolamine..........................        111-42-2            4.05
Diethylene Glycol.......................        111-46-6            3.55
n-Octane................................        111-65-9            1.11

[[Page 388]]

 
2-Butoxy-1-Ethanol (Ethylene Glycol             111-76-2            2.90
 Monobutyl Ether).......................
Diethylene Glycol Methyl Ether (2-(2-           111-77-3            2.90
 Methoxyethoxy) Ethanol)................
n-Nonane................................        111-84-2            0.95
2-(2-Ethoxyethoxy) Ethanol..............        111-90-0            3.19
Ethylene Glycol Monobutyl Ether Acetate         112-07-2            1.67
 (2-Butoxyethyl Acetate)................
2-(2-Ethoxyethoxy) Ethyl Acetate........        112-15-2            1.50
2-(2-Butoxyethoxy)-Ethanol..............        112-34-5            2.70
Dimethyl Ether..........................        115-10-6            0.93
Triethylamine...........................        121-44-8           16.60
2-Phenoxyethanol; Ethylene Glycol Phenyl        122-99-6            3.61
 Ether..................................
Diacetone Alcohol.......................        123-42-2            0.68
2,4-Pentanedione........................        123-54-6            1.02
Butanal.................................        123-72-8            6.74
Butyl Acetate, n........................        123-86-4            0.89
2-(2-Butoxyethoxy) Ethyl Acetate........        124-17-4            1.38
2-Amino-2-Methyl-1-Propanol.............        124-68-5           15.08
Perchloroethylene.......................        127-18-4            0.04
Ethanolamine............................        141-43-5            5.97
Ethyl acetate...........................        141-78-6            0.64
Heptane.................................        142-82-5            1.28
n-Hexyl Acetate (Hexyl Acetate).........        142-92-7            0.87
2-Ethyl Hexanoic Acid...................        149-57-5            4.41
1,2,3-Trimethyl Benzene.................        526-73-8           11.26
t-Butyl Acetate.........................        540-88-5            0.20
Methyl Isobutyrate......................        547-63-7            0.70
Methyl Lactate..........................        547-64-8            2.75
Methyl Propionate.......................        554-12-1            0.71
1,2 Butanediol..........................        584-03-2            2.21
n-Butyl Propionate......................        590-01-2            0.89
Methyl n-Butyl Ketone (2-Hexanone)......        591-78-6            3.55
Dimethyl carbonate......................        616-38-6            0.06
Ethyl Isopropyl Ether...................        625-54-7            3.86
Dimethyl Adipate........................        627-93-0            1.95
Methy n-Butyl Ether.....................        628-28-4            3.66
Amyl Acetate (Pentyl Ethanoate, Pentyl          628-63-7            0.96
 Acetate)...............................
Ethyl n-Butyl Ether.....................        628-81-9            3.86
Ethyl t-Butyl Ether.....................        637-92-3            2.11
1,3-Dioxolane...........................        646-06-0            5.47
Ethyl-3-Ethoxypropionate................        763-69-9            3.61
Methyl Pyrrolidone (n-Methyl-2-                 872-50-4            2.56
 Pyrrolidone)...........................
Dimethyl Gluterate......................       1119-40-0            0.51
Ethylene Glycol 2-Ethylhexyl Ether [2-(2-      1559-35-9            1.71
 Ethylhexyloxy) Ethanol]................
Propylene Glycol Monopropyl Ether (1-          1569-01-3            2.86
 Propoxy-2-Propanol)....................
Propylene Glycol Monoethyl Ether (1-           1569-02-4            3.25
 Ethoxy-2-Propanol).....................
2-Methoxy-1-Propanol....................       1589-47-5            3.01
Methyl t-Butyl Ether....................       1634-04-4            0.78
Ethylcyclohexane........................       1678-91-7            1.75
Isoamyl Isobutyrate.....................       2050-01-3            0.89
2-Propoxyethanol (Ethylene Glycol              2807-30-9            3.52
 Monopropyl Ether)......................
n-Butoxy-2-Propanol.....................       5131-66-8            2.70
d-Limonene (Dipentene or Orange Terpene)       5989-27-5            3.99
Dipropylene Glycol Methyl Ether Isomer        13588-28-8            3.02
 (2-[2Methoxypropoxy]-1-Propanol).......
Texanol (1,3 Pentanediol, 2,2,4-              25265-77-4            0.89
 Trimethyl, 1-Isobutyrate)..............
Isodecyl Alcohol (8-Methyl-1-Nonanol)...      25339-17-7            1.23
Tripropylene Glycol Monomethyl Ether....      25498-49-1            1.90
Glycol Ether DPNB (1-(2-Butoxy-1-             29911-28-2            1.96
 Methylethoxy) 2-Propanol)..............
Propylene Glycol t-Butyl Ether (1-tert-       57018-52-7            1.71
 Butoxy-2-Propanol).....................
2-Methoxy-1-Propyl Acetate..............      70657-70-4            1.12
Oxo-Heptyl Acetate......................      90438-79-2            0.97
2-tert-Butoxy-1-Propanol................      94023-15-1            1.81
Oxo-Octyl Acetate.......................     108419-32-5            0.96
C8 Disubstituted Benzenes...............              na            7.48
C9 Styrenes.............................              na            1.72
------------------------------------------------------------------------


[77 FR 14284, Mar. 9, 2012]

[[Page 389]]



Sec. Table 2B to Subpart E of Part 59--Reactivity Factors for Aliphatic 
                      Hydrocarbon Solvent Mixtures

------------------------------------------------------------------------
             Average boiling                                Reactivity
    Bin      point* (degrees           Criteria           factor (g O3/g
                   F)                                          VOC)
------------------------------------------------------------------------
1.........  80-205            Alkanes (<2% Aromatics)...            2.08
2.........  80-205            N- & Iso-Alkanes ($90% and            1.59
                               <2% Aromatics).
3.........  80-205            Cyclo-Alkanes ($90% and               2.52
                               <2% Aromatics).
4.........  80-205            Alkanes (2 to <8%                     2.24
                               Aromatics).
5.........  80-205            Alkanes (8 to 22%                     2.56
                               Aromatics).
6.........  >205-340          Alkanes (<2% Aromatics)...            1.41
7.........  >205-340          N- & Iso-Alkanes ($90% and            1.17
                               <2% Aromatics).
8.........  >205-340          Cyclo-Alkanes ($90% and               1.65
                               <2% Aromatics).
9.........  >205-340          Alkanes (2 to <8%                     1.62
                               Aromatics).
10........  >205-340          Alkanes (8 to 22%                     2.03
                               Aromatics).
11........  >340-460          Alkanes (<2% Aromatics)...            0.91
12........  >340-460          N- & Iso-Alkanes ($90% and            0.81
                               <2% Aromatics).
13........  >340-460          Cyclo-Alkanes ($90% and               1.01
                               <2% Aromatics).
14........  >340-460          Alkanes (2 to <8%                     1.21
                               Aromatics).
15........  >340-460          Alkanes (8 to 22%                     1.82
                               Aromatics).
16........  >460-580          Alkanes (<2% Aromatics)...            0.57
17........  >460-580          N- & Iso-Alkanes ($90% and            0.51
                               <2% Aromatics).
18........  >460-580          Cyclo-Alkanes ($90% and               0.63
                               <2% Aromatics).
19........  >460-580          Alkanes (2 to <8%                     0.88
                               Aromatics).
20........  >460-580          Alkanes (8 to 22%                     1.49
                               Aromatics).
------------------------------------------------------------------------
* Average Boiling Point = (Initial Boiling Point + Dry Point)/2(b)
  Aromatic Hydrocarbon Solvents


[77 FR 14286, Mar. 9, 2012]



 Sec. Table 2C to Subpart E of Part 59--Reactivity Factors for Aromatic 
                      Hydrocarbon Solvent Mixtures

------------------------------------------------------------------------
                                                            Reactivity
    Bin         Boiling range            Criteria         factor (g O3/g
                 (degrees F)                                   VOC)
------------------------------------------------------------------------
21.........  280-290             Aromatic Content ($98%)            7.37
22.........  320-350             Aromatic Content ($98%)            7.51
23.........  355-420             Aromatic Content ($98%)            8.07
24.........  450-535             Aromatic Content ($98%)            5.00
------------------------------------------------------------------------


[77 FR 14286, Mar. 9, 2012]



Subpart F_Control of Evaporative Emissions From New and In-Use Portable 
                             Fuel Containers

    Source: 72 FR 8533, Feb. 26, 2007, unless otherwise noted.

                       Overview and Applicability



Sec. 59.600  Does this subpart apply for my products?

    (a) Except as provided in Sec. 59.605 and paragraph (b) of this 
section, the regulations in this subpart F apply for all portable fuel 
containers (defined in Sec. 59.680) that are manufactured on or after 
January 1, 2009.
    (b) See Sec. 59.602 (a) and (b) to determine how to apply the 
provisions of this subpart for containers that were manufactured before 
January 1, 2009.



Sec. 59.601  Do the requirements of this subpart apply to me?

    (a) Unless specified otherwise in this subpart, the requirements and 
prohibitions of this subpart apply to all manufacturers and importers of 
portable fuel containers. Certain prohibitions in Sec. 59.602 apply to 
all other persons.
    (b) New portable fuel containers that are subject to the emissions 
standards of this part must be covered by a certificate of conformity 
that is issued to the manufacturer of the container. If more than one 
person meets the definition of manufacturer for a portable fuel 
container, see Sec. 59.621 to determine if you are the manufacturer who 
may

[[Page 390]]

apply for and receive a certificate of conformity.
    (c) Unless specifically noted otherwise, the term ``you'' means 
manufacturers, as defined in Sec. 59.680.



Sec. 59.602  What are the general prohibitions and requirements of this subpart?

    (a) General prohibition for manufacturers and importers. No 
manufacturer or importer may sell, offer for sale, introduce or deliver 
for introduction into commerce in the United States, or import any new 
portable fuel container that is subject to the emissions standards of 
this subpart and is manufactured after December 31, 2008 unless it is 
covered by a valid certificate of conformity, it is labeled as required, 
and it complies with all of the applicable requirements of this subpart, 
including compliance with the emissions standards for its useful life. 
After June 30, 2009, no manufacturer or importer may sell, offer for 
sale, introduce or deliver into commerce in the United States, or import 
any new portable fuel container that was manufactured prior to January 
1, 2009 unless it meets the requirements of this subpart.
    (b) General prohibition for wholesale distributors. No wholesale 
distributor may sell, offer for sale, or distribute any portable fuel 
container in the United States that is subject to the emissions 
standards of this subpart and is manufactured after December 31, 2008 
unless it is covered by a valid certificate of conformity and is labeled 
as required. After December 31, 2009, no wholesale distributor may sell, 
offer for sale, or distribute in the United States any portable fuel 
container that was manufactured prior to January 1, 2009 unless it meets 
the requirements of this subpart. After December 31, 2009, all new 
portable fuel containers shall be deemed to be manufactured after 
December 31, 2008 unless they are in retail inventory.
    (c) Reporting and recordkeeping. (1) You must keep the records and 
submit the reports specified in Sec. 59.628. Records must be retained 
for at least 5 years from the date of manufacture or importation and 
must be supplied to EPA upon request.
    (2) No person may alter, destroy, or falsify any record or report 
required by this subpart.
    (d) Testing and access to facilities. You may not keep us from 
entering your facility to observe tests or inspect facilities if we are 
authorized to do so. Also, you must perform the tests we require (or 
have the tests done for you). Failure to perform this testing is 
prohibited.
    (e) Warranty. You may not fail to offer, provide notice of, or honor 
the emissions warranty required under this subpart.
    (f) Replacement components. No person may sell, offer for sale, 
introduce or deliver for introduction into commerce in the United 
States, import, or install any replacement component for portable fuel 
containers subject to the standards of this subpart where the component 
has the effect of disabling, bypassing, or rendering inoperative the 
emissions controls of the containers.
    (g) Violations. If a person violates any prohibition or requirement 
of this subpart or the Act concerning portable fuel containers, it shall 
be considered a separate violation for each portable fuel container.
    (h) Assessment of penalties and injunctions. We may assess 
administrative penalties, bring a civil action to assess and recover 
civil penalties, bring a civil action to enjoin and restrain violations, 
or bring criminal action as provided by the Clean Air Act.



Sec. 59.603  How must manufacturers apply good engineering judgment?

    (a) In addition to other requirements and prohibitions set forth in 
this subpart, you must use good engineering judgment for decisions 
related to any requirements under this subpart. This includes your 
applications for certification, any testing you do to show that your 
portable fuel containers comply with requirements that apply to them, 
and how you select, categorize, determine, and apply these requirements.
    (b) Upon request, you must provide EPA a written description of the 
engineering judgment in question. Such information must be provided 
within 15 working days unless EPA specifies a different period of time 
to respond.

[[Page 391]]

    (c) We may reject your decision if it is not based on good 
engineering judgment or is otherwise inconsistent with the requirements 
that apply, and we may--
    (1) Suspend, revoke, or void a certificate of conformity if we 
determine you used incorrect or incomplete information or failed to 
consider relevant information, or that your decision was not based on 
good engineering judgment; or
    (2) Notify you that we believe any aspect of your application or 
other information submission may be incorrect or invalid due to lack of 
good engineering judgment or other cause. Unless a different period is 
specified, you will have 30 days to respond to our notice and 
specifically address our concerns. After considering your information, 
we will notify you regarding our finding, which may include the actions 
provided in paragraph (c)(1) of this section.
    (d) If you disagree with our conclusions under paragraph (c) of this 
section, you may file a request for a hearing with the Designated 
Compliance Officer as described in Sec. 59.699. In your request, you 
must specifically state your objections, and include relevant data or 
supporting analysis. The request must be signed by your authorized 
representative. If we agree that your request raises a substantial 
factual issue, we will hold the hearing according to Sec. 59.699.



Sec. 59.605  What portable fuel containers are excluded from this 
subpart's requirements?

    This section describes exclusions that apply to certain portable 
fuel containers. The prohibitions and requirements of this subpart do 
not apply for containers excluded under this section. Exclusions under 
this section are based on inherent characteristics of the containers. 
See Sec. 59.660 for exemptions that apply based on special 
circumstances.
    (a) Containers approved as safety cans consistent with the 
requirements of 29 CFR 1926.150 through 1926.152 are excluded. Such cans 
generally have a flash-arresting screens, spring-closing lids and spout 
covers and have been approved by a nationally recognized testing 
laboratory such as Factory Mutual Engineering Corp. or Underwriters 
Laboratories, Inc., or Federal agencies such as Bureau of Mines, or U.S. 
Coast Guard.
    (b) Containers with a nominal capacity of less than 0.25 gallons or 
more than 10.0 gallons are excluded.
    (c) Containers designed and marketed solely to deliver fuel directly 
to nonroad engines during engine operation, such as containers with a 
connection for a fuel line and a reserve fuel area, are considered to be 
nonroad fuel tanks, and are thus excluded.



Sec. 59.607  Submission of information.

    (a) You are responsible for all statements you make to us related to 
this subpart F, including information not required during certification. 
You are required to provide truthful and complete information. This 
subpart describes the consequences of failing to meet this obligation. 
The consequences also may include prosecution under 18 U.S.C. 1001 and 
42 U.S.C. 7431(c)(2).
    (b) We may require an officer or authorized representative of your 
company with knowledge of the information contained in the submittal to 
approve and sign any submission of information to us, and to certify 
that all the information submitted is accurate and complete.

               Emission Standards and Related Requirements



Sec. 59.611  What evaporative emission requirements apply under this
subpart?

    (a) Hydrocarbon emissions from portable fuel containers may not 
exceed 0.3 grams per gallon per day when measured with the test 
procedures in Secs. 59.650 through 59.653. This procedure measures 
diurnal venting emissions and permeation emissions.
    (b) For the purpose of this section, portable fuel containers 
include spouts, caps, gaskets, and other parts provided with the 
container.
    (c) The following general requirements also apply for all portable 
fuel containers subject to the standards of this subpart:
    (1) Prohibited controls. The following controls are prohibited:

[[Page 392]]

    (i) For anyone to design, manufacture, or install emission control 
systems so they cause or contribute to an unreasonable risk to public 
health, welfare, or safety while operating.
    (ii) For anyone to design, manufacture, or install emission control 
systems with features that disable, deactivate, reduce effectiveness, or 
bypass the emission controls, either actively or passively. However, you 
may include a vent that the operator can open to bypass emission 
controls if that vent closes automatically (i.e., without operator 
involvement). You may include such design features if they operate 
during emission tests described in subpart F of this part. For example, 
you may include an integrated or external manually activated device in 
the portable fuel container's design to temporarily relieve pressure, 
provided that the device is in place during emission testing and closes 
automatically when not in use.
    (2) Leaks. You must design and manufacture your containers to be 
free of leaks. This requirement applies when your container is upright, 
partially inverted, or completely inverted.
    (3) Refueling. You are required to design your portable fuel 
containers to minimize spillage during refueling to the extent 
practical. This requires that you use good engineering judgment to avoid 
designs that will make it difficult to refuel typical vehicle and 
equipment designs without spillage.
    (d) Portable fuel containers must meet the standards and 
requirements specified in this subpart throughout the useful life of the 
container. The useful life of the container is five years beginning on 
the date of sale to the ultimate purchaser.

[72 FR 8533, Feb. 26, 2007, as amended at 80 FR 9089, Feb. 19, 2015]



Sec. 59.612  What emission-related warranty requirements apply to me?

    (a) General requirements. You must warrant to the ultimate purchaser 
that the new portable fuel container, including all parts of its 
evaporative emission-control system, is:
    (1) Designed, built, and equipped so it conforms at the time of sale 
to the ultimate purchaser with the requirements of this subpart.
    (2) Is free from defects in materials and workmanship that may keep 
it from meeting these requirements.
    (b) Warranty notice and period. Your emission-related warranty must 
be valid for a minimum of one year from the date of sale to the ultimate 
purchaser.
    (c) Notice. You must provide a warranty notice with each container.



Sec. 59.613  What operation and maintenance instructions must I give
to buyers?

    You must provide the ultimate purchaser of the new portable fuel 
container written instructions for properly maintaining and using the 
emission-control system.



Sec. 59.615  How must I label and identify the portable fuel containers
I produce?

    This section describes how you must label your portable fuel 
containers.
    (a) At the time of manufacture, indelibly mark the month and year of 
manufacture on each container.
    (b) Mold into or affix a legible label identifying each portable 
fuel container. The label must be:
    (1) Attached so it is not easily removable.
    (2) Secured to a part of the container that can be easily viewed 
when the can is in use, not on the bottom of the container.
    (3) Written in English.
    (c) The label must include:
    (1) The heading ``EMISSION CONTROL INFORMATION''.
    (2) Your full corporate name, trademark and warranty contact 
information.
    (3) A standardized identifier such as EPA's standardized designation 
for the emission families, the model number, or the part number.
    (4) This statement: ``THIS CONTAINER COMPLIES WITH U.S. EPA EMISSION 
REGULATIONS FOR PORTABLE FUEL CONTAINERS (40 CFR Part 59).''.
    (5) This statement: ``THE EMISSIONS WARRANTY IS VALID FOR A MINIMUM 
OF ONE YEAR FROM DATE OF PURCHASE.''.
    (d) You may add information to the emission control information 
label to identify other emission standards that

[[Page 393]]

the container meets or does not meet (such as California standards). You 
may also add other information to ensure that the portable fuel 
container will be properly maintained and used.
    (e) You may request that we approve modified labeling requirements 
in this subpart F if you show that it is necessary or appropriate. We 
will approve your request if your alternate label is consistent with the 
requirements of this subpart.
    (f) You may identify the name and trademark of another company 
instead of their own on your emission control information label, subject 
to the following provisions:
    (1) You must have a contractual agreement with the other company 
that obligates that company to take the following steps:
    (i) Meet the emission warranty requirements that apply under 
Sec. 59.612. This may involve a separate agreement involving 
reimbursement of warranty-related expenses.
    (ii) Report all warranty-related information to the certificate 
holder.
    (2) In your application for certification, identify the company 
whose trademark you will use and describe the arrangements you have made 
to meet your requirements under this section.
    (3) You remain responsible for meeting all the requirements of this 
subpart.

                      Certifying Emission Families



Sec. 59.621  Who may apply for a certificate of conformity?

    A certificate of conformity may be issued only to the manufacturer 
that completes the construction of the portable fuel container. In 
unusual circumstances, upon a petition by a manufacturer, we may allow 
another manufacturer of the container to hold the certificate of 
conformity. However, in order to hold the certificate, the manufacturer 
must demonstrate day-to-day ability to ensure that containers produced 
under the certificate will comply with the requirements of this subpart.



Sec. 59.622  What are the general requirements for obtaining a 
certificate of conformity and producing portable fuel containers
under it?

    (a) You must send us a separate application for a certificate of 
conformity for each emission family. A certificate of conformity for 
containers is valid from the indicated effective date until the end of 
the production period for which it is issued. We may require new 
certification prior to the end of the production period if we finds that 
containers are not meeting the standards in use during their useful 
life.
    (b) The application must be written in English and contain all the 
information required by this subpart and must not include false or 
incomplete statements or information (see Secs. 59.607 and 59.629).
    (c) We may ask you to include less information than we specify in 
this subpart, as long as you maintain all the information required by 
Sec. 59.628.
    (d) You must use good engineering judgment for all decisions related 
to your application (see Sec. 59.603).
    (e) An authorized representative of your company must approve and 
sign the application.
    (f) See Sec. 59.629 for provisions describing how we will process 
your application.
    (g) If we approve your application, we will issue a certificate that 
will allow you to produce the containers that you described in your 
application for a specified production period. Certificates do not allow 
you to produce containers that were not described in your application, 
unless we approve the additional containers under Sec. 59.624.



Sec. 59.623  What must I include in my application?

    This section specifies the information that must be in your 
application, unless we ask you to include less information under 
Sec. 59.622(c). We may require you to provide additional information to 
evaluate your application.
    (a) Describe the emission family's specifications and other basic 
parameters of the emission controls. List each distinguishable 
configuration in

[[Page 394]]

the emission family. Include descriptions and part numbers for all 
detachable components such as spouts and caps and describe any devices 
designed for venting pressure, if applicable.
    (b) Describe and explain the method of emission control.
    (c) Describe the products you selected for testing and the reasons 
for selecting them.
    (d) Describe the test equipment and procedures that you used, 
including any special or alternate test procedures you used (see 
Sec. 59.650).
    (e) List the specifications of the test fuel to show that it falls 
within the required ranges specified in Sec. 59.650.
    (f) Include the maintenance and use instructions and warranty 
information you will give to the ultimate purchaser of each new portable 
fuel container (see Sec. 59.613).
    (g) Describe your emission control information label (see 
Sec. 59.615).
    (h) State that your product was tested as described in the 
application (including the test procedures, test parameters, and test 
fuels) to show you meet the requirements of this subpart.
    (i) Present emission data to show your products meet the applicable 
emission standards. Where applicable, Secs. 59.626 and 59.627 may allow 
you to submit an application in certain cases without new emission data.
    (j) Report all test results, including those from invalid tests or 
from any other tests, whether or not they were conducted according to 
the test procedures of Secs. 59.650 through 59.653. We may ask you to 
send other information to confirm that your tests were valid under the 
requirements of this subpart.
    (k) Unconditionally certify that all the products in the emission 
family comply with the requirements of this subpart, other referenced 
parts of the CFR, and the Clean Air Act.
    (l) Include estimates of U.S.-directed production volumes.
    (m) Include the information required by other sections of this 
subpart.
    (n) Include other relevant information, including any additional 
information requested by EPA.
    (o) Name an agent for service located in the United States. Service 
on this agent constitutes service on you or any of your officers or 
employees for any action by EPA or otherwise by the United States 
related to the requirements of this subpart.

[72 FR 8533, Feb. 26, 2007, as amended at 80 FR 9089, Feb. 19, 2015]



Sec. 59.624  How do I amend my application for certification?

    Before we issue you a certificate of conformity, you may amend your 
application to include new or modified configurations, subject to the 
provisions of this section. After we have issued your certificate of 
conformity, you may send us an amended application requesting that we 
include new or modified configurations within the scope of the 
certificate, subject to the provisions of this section. You must amend 
your application if any changes occur with respect to any information 
included in your application.
    (a) You must amend your application before you take either of the 
following actions:
    (1) Add a configuration to an emission family. In this case, the 
configuration added must be consistent with other configurations in the 
emission family with respect to the criteria listed in Sec. 59.625.
    (2) Change a configuration already included in an emission family in 
a way that may affect emissions, or change any of the components you 
described in your application for certification. This includes 
production and design changes that may affect emissions any time during 
the portable fuel containers' lifetime.
    (b) To amend your application for certification, send the Designated 
Compliance Officer the following information:
    (1) Describe in detail the addition or change in the configuration 
you intend to make.
    (2) Include engineering evaluations or data showing that the amended 
emission family complies with all applicable requirements. You may do 
this by showing that the original emission data are still appropriate 
with respect to showing compliance of the amended family with all 
applicable requirements.
    (3) If the original emission data for the emission family are not 
appropriate to show compliance for the new

[[Page 395]]

or modified configuration, include new test data showing that the new or 
modified configuration meets the requirements of this subpart.
    (c) We may ask for more test data or engineering evaluations. You 
must give us these within 30 days after we request them.
    (d) For emission families already covered by a certificate of 
conformity, we will determine whether the existing certificate of 
conformity covers your new or modified configuration. You may ask for a 
hearing if we deny your request (see Sec. 59.699).
    (e) For emission families already covered by a certificate of 
conformity and you send us a request to amend your application, you may 
sell and distribute the new or modified configuration before we make a 
decision under paragraph (d) of this section, subject to the provisions 
of this paragraph. If we determine that the affected configurations do 
not meet applicable requirements, we will notify you to cease production 
of the configurations and any containers from the new or modified 
configuration will not be considered covered by the certificate. In 
addition, we may require you to recall any affected containers that you 
have already distributed, including those sold to the ultimate 
purchasers. Choosing to produce containers under this paragraph (e) is 
deemed to be consent to recall all containers that we determine do not 
meet applicable emission standards or other requirements and to remedy 
the nonconformity at no expense to the owner. If you do not provide 
information required under paragraph (c) of this section within 30 days, 
you must stop producing the new or modified containers.



Sec. 59.625  How do I select emission families?

    (a) Divide your product line into families of portable fuel 
containers that are expected to have similar emission characteristics 
throughout the useful life.
    (b) Group containers in the same emission family if they are the 
same in all the following aspects:
    (1) Type of material (including pigments, plasticizers, UV 
inhibitors, or other additives that may affect control of emissions).
    (2) Production method.
    (3) Spout and cap design.
    (4) Gasket material and design.
    (5) Emission control strategy.
    (6) Strategy for venting pressure.
    (c) You may subdivide a group of containers that is identical under 
paragraph (b) of this section into different emission families if you 
show the expected emission characteristics are different.
    (d) You may group containers that are not identical with respect to 
the things listed in paragraph (b) of this section in the same emission 
family if you show that their emission characteristics will be similar 
throughout their useful life.

[72 FR 8533, Feb. 26, 2007, as amended at 80 FR 9089, Feb. 19, 2015]



Sec. 59.626  What emission testing must I perform for my application
for a certificate of conformity?

    This section describes the emission testing you must perform to show 
compliance with the emission standards in Sec. 59.611.
    (a) Test your products using the procedures and equipment specified 
in Secs. 59.650 through 59.653.
    (b) Select an emission-data unit from each emission family for 
testing. You must test a production sample or a preproduction product 
that will represent actual production. Select the configuration that is 
most likely to exceed (or have emissions nearest to) the applicable 
emission standard. For example, for a family of multilayer portable fuel 
containers, test the container with the thinnest barrier layer. Test 
three identical containers.
    (c) We may measure emissions from any of your products from the 
emission family. You must supply your products to us if we choose to 
perform confirmatory testing.
    (d) You may ask to use emission data from a previous production 
period (carryover) instead of doing new tests, but only if the emission-
data from the previous production period remains the appropriate 
emission-data unit under paragraph (b) of this section. For example, you 
may not carryover emission data for your family of containers if

[[Page 396]]

you have added a thinner-walled container than was tested previously.
    (e) We may require you to test a second unit of the same or 
different configuration in addition to the unit tested under paragraph 
(b) of this section.
    (f) If you use an alternate test procedure under Sec. 59.652 and 
later testing shows that such testing does not produce results that are 
equivalent to the procedures specified in this subpart, we may reject 
data you generated using the alternate procedure and base our compliance 
determination on the later testing.



Sec. 59.627  How do I demonstrate that my emission family complies 
with evaporative emission standards?

    (a) For purposes of certification, your emission family is 
considered in compliance with an evaporative emission standard in 
Sec. 59.611(a) if the test results from all portable fuel containers in 
the family that have been tested show measured emissions levels that are 
at or below the applicable standard.
    (b) Your emissions family is deemed not to comply if any container 
representing that family has test results showing an official emission 
level above the standard.
    (c) Round the measured emission level to the same number of decimal 
places as the emission standard. Compare the rounded emission levels to 
the emission standard.



Sec. 59.628  What records must I keep and what reports must I send to EPA?

    (a) Organize and maintain the following records:
    (1) A copy of all applications and any other information you send 
us.
    (2) Any of the information we specify in Sec. 59.623 that you were 
not required to include in your application.
    (3) A detailed history of each emission-data unit. For each 
emission-data unit, include all of the following:
    (i) The emission-data unit's construction, including its origin and 
buildup, steps you took to ensure that it represents production 
containers, any components you built specially for it, and all the 
components you include in your application for certification.
    (ii) All your emission tests, including documentation on routine and 
standard tests, as specified in Secs. 59.650 through 59.653, and the 
date and purpose of each test.
    (iii) All tests to diagnose emission-control performance, giving the 
date and time of each and the reasons for the test.
    (iv) Any other relevant events or information.
    (4) Production figures for each emission family divided by assembly 
plant.
    (5) If you identify your portable fuel containers by lot number or 
other identification numbers, keep a record of these numbers for all the 
containers you produce under each certificate of conformity.
    (b) Keep data from routine emission tests (such as test cell 
temperatures and relative humidity readings) for one year after we issue 
the associated certificate of conformity. Keep all other information 
specified in paragraph (a) of this section for five years after we issue 
your certificate.
    (c) Store these records in any format and on any media, as long as 
you can promptly send us organized, written records in English if we ask 
for them. You must keep these records readily available. We may review 
them at any time.
    (d) Send us copies of any maintenance instructions or explanations 
if we ask for them.
    (e) Send us an annual warranty report summarizing successful 
warranty claims by emission family under Sec. 59.612, including the 
reason for the claim. You must submit the report by July 1 for the 
preceding calendar year.



Sec. 59.629  What decisions may EPA make regarding my certificate of
conformity?

    (a) If we determine your application is complete and shows that the 
emission family meets all the requirements of this subpart and the Act, 
we will issue a certificate of conformity for your emission family for 
the specified production period. We may make the approval subject to 
additional conditions.
    (b) We may deny your application for certification if we determine 
that your emission family fails to comply with emission standards or 
other requirements of this subpart or the Act. Our

[[Page 397]]

decision may be based on a review of all information available to us. If 
we deny your application, we will explain why in writing.
    (c) In addition, we may deny your application or suspend, revoke, or 
void your certificate if you do any of the following:
    (1) Refuse to comply with any testing or reporting requirements.
    (2) Submit false or incomplete information.
    (3) Render inaccurate any test data.
    (4) Deny us from completing authorized activities (see Sec. 59.698). 
This includes a failure to provide reasonable assistance.
    (5) Produce portable fuel containers for importation into the United 
States at a location where local law prohibits us from carrying out 
authorized activities.
    (6) Fail to supply requested information or amend your application 
to include all portable fuel containers being produced.
    (7) Take any action that otherwise circumvents the intent of the Act 
or this subpart.
    (d) If we deny your application or suspend, revoke, or void your 
certificate, you may ask for a hearing (see Sec. 59.699).



Sec. 59.630  EPA testing.

    We may test any portable fuel container subject to the standards of 
this subpart.
    (a) Certification and production sample testing. Upon our request, a 
manufacturer must supply a prototype container or a reasonable number of 
production samples to us for verification testing. These samples will 
generally be tested using the full test procedure of Sec. 59.653.
    (b) In-use testing. We may test in-use containers using the test 
procedure of Sec. 59.653 without preconditioning.



Sec. 59.650  General testing provisions.

    (a) The test procedures of this subpart are addressed to you as a 
manufacturer, but they apply equally to anyone who does testing for you.
    (b) Unless we specify otherwise, the terms ``procedures'' and ``test 
procedures'' in this subpart include all aspects of testing, including 
the equipment specifications, calibrations, calculations, and other 
protocols and procedural specifications needed to measure emissions.
    (c) The specification for gasoline to be used for testing is given 
in 40 CFR 1065.710. Use the grade of gasoline specified for general 
testing. Blend this grade of gasoline with reagent grade ethanol in a 
volumetric ratio of 90.0 percent gasoline to 10.0 percent ethanol. You 
may use ethanol that is less pure if you can demonstrate that it will 
not affect your ability to demonstrate compliance with the applicable 
emission standards.
    (d) Accuracy and precision of all temperature measurements must be 
2.2 C or better.
    (e) Accuracy and precision of mass balances must be sufficient to 
ensure accuracy and precision of two percent or better for emission 
measurements for products at the maximum level allowed by the standard. 
The readability of the display may not be coarser than half of the 
required accuracy and precision.



Sec. 59.652  Other procedures.

    (a) Your testing. The procedures in this subpart apply for all 
testing you do to show compliance with emission standards, with certain 
exceptions listed in this section.
    (b) Our testing. These procedures generally apply for testing that 
we do to determine if your portable fuel containers complies with 
applicable emission standards. We may perform other testing as allowed 
by the Act.
    (c) Exceptions. We may allow or require you to use procedures other 
than those specified in this subpart as follows:
    (1) You may request to use special procedures if your portable fuel 
containers cannot be tested using the specified procedures. We will 
approve your request if we determine that it would produce emission 
measurements that represent in-use operation and we determine that it 
can be used to show compliance with the requirements of Sec. 59.611.
    (2) You may ask to use emission data collected using other 
procedures, such as those of the California Air Resources Board. We will 
approve this

[[Page 398]]

only if you show us that using these other procedures do not affect your 
ability to show compliance with the applicable emission standards. This 
generally requires emission levels to be far enough below the applicable 
emission standards so that any test differences do not affect your 
ability to state unconditionally that your containers will meet all 
applicable emission standards when tested using the specified test 
procedures.
    (3) You may request to use alternate procedures that are equivalent 
to allowed procedures, or more accurate or more precise than allowed 
procedures.
    (4) You may not use other procedures under this paragraph (c) until 
we approve your request.



Sec. 59.653  How do I test portable fuel containers?

    You must test the portable fuel container as described in your 
application, with the applicable spout attached except as otherwise 
noted. Tighten fittings in a manner representative of how they would be 
tightened by a typical user.
    (a) Preconditioning for durability. Complete the following steps 
before an emissions test, in any order, unless we determine that 
omission of one or more of these durability steps will not affect the 
emissions from your container.
    (1) Pressure cycling. Perform a pressure test by sealing the 
container and cycling it between + 13.8 and ^1.7 kPa ( + 2.0 and ^0.5 
psig) for 10,000 cycles at a rate of 60 seconds per cycle. For this 
test, the spout may be removed and the pressure applied through the 
opening where the spout attaches. The purpose of this test is to 
represent environmental wall stresses caused by pressure changes and 
other factors (such as vibration or thermal expansion). If your 
container cannot be tested using the pressure cycles specified by this 
paragraph (a)(1), you may ask to use special test procedures under 
Sec. 59.652(c).
    (2) UV exposure. Perform a sunlight-exposure test by exposing the 
container to an ultraviolet light of at least 24 W/m\2\ (0.40 W-hr/m\2\/
min) on the container surface for at least 450 hours. Alternatively, the 
container may be exposed to direct natural sunlight for an equivalent 
period of time, as long as you ensure that the container is exposed to 
at least 450 daylight hours.
    (3) Slosh testing. Perform a slosh test by filling the portable fuel 
container to 40 percent of its capacity with the fuel specified in 
paragraph (e) of this section and rocking it at a rate of 15 cycles per 
minute until you reach one million total cycles. Use an angle deviation 
of + 15 to ^15 from level.
    (4) Spout actuation. Perform the following spout actuation and 
inversion steps at the end on the slosh testing, and at the end of the 
preconditioning soak.
    (i) Perform one complete actuation/inversion cycle per day for ten 
days.
    (ii) One actuation/inversion cycle consists of the following steps:
    (A) Remove and replace the spout to simulate filling the container.
    (B) Slowly invert the container and keep it inverted for at least 5 
seconds to ensure that the spout and mechanisms become saturated with 
fuel. Any fuel leaking from any part of the container will denote a leak 
and must be reported as part of certification. Once completed, place the 
container on a flat surface in the upright position.
    (C) Actuate the spout by fully opening and closing without 
dispensing fuel. The spout must return to the closed position without 
the aid of the operator (e.g., pushing or pulling the spout closed). 
Repeat for a total of 10 actuations. If at any point the spout fails to 
return to the closed position, the container fails the test.
    (D) Repeat the step contained in paragraph (a)(4)(ii)(B) of this 
section (i.e., the inversion step).
    (E) Repeat the steps contained in paragraph (a)(4)(ii)(C) of this 
section (i.e., ten actuations).
    (b) Preconditioning fuel soak. Complete the following steps before a 
diurnal emission test:
    (1) Fill the portable fuel container with the specified fuel to its 
nominal capacity, seal it using the spout, and allow it to soak at 28 5 
C for 20 weeks. Alternatively, the container may be soaked for 10 weeks 
at 43 5 C. You may count the time of the preconditioning steps in 
paragraph (a) of this section as part of the preconditioning fuel soak, 
as long as the ambient temperature remains within the specified

[[Page 399]]

temperature range and the fuel tank is at least 40 percent full; you may 
add or replace fuel as needed to conduct the specified durability 
procedures.
    (2) Pour the fuel out of the container and immediately refill to 50 
percent of nominal capacity. Be careful to not spill any fuel on the 
container. Wipe the outside of the container as needed to remove any 
liquid fuel that may have spilled on it.
    (3) Install the spout assembly that will be used in the production 
containers. The spout and other openings (such as vents) on the 
container must be tested in their open condition unless they close 
automatically and are unlikely to be left open by the user during 
typical storage. All manual closures such as caps must be left off the 
container and spout during testing.
    (c) Reference container. A reference container is required to 
correct for buoyancy effects that may occur during testing. Prepare the 
reference tank as follows:
    (1) Obtain a second container of the same model as the test tank. 
You may not use a container that has previously contained fuel or any 
other contents that might affect the stability of its mass.
    (2) Fill the reference container with enough dry sand (or other 
inert material) so that the mass of the reference container is 
approximately the same as the test container when filled with fuel. Use 
good engineering judgment to determine how similar the mass of the 
reference container needs to be to the mass of the test container 
considering the performance characteristics of your balance.
    (3) Ensure that the sand (or other inert material) is dry. This may 
require heating the container or applying a vacuum to it.
    (4) Seal the container.
    (d) Diurnal test run. To run the test, take the following steps for 
a portable fuel container that was preconditioned as specified in 
paragraph (a) of this section.
    (1) Stabilize the fuel temperature within the portable fuel 
container at 22.2 C. Vent the container at this point to relieve any 
positive or negative pressure that may have developed during 
stabilization.
    (2) Weigh the sealed reference container and record the weight. 
Place the reference on the balance and tare it so that it reads zero. 
Place the sealed test container on the balance and record the difference 
between the test container and the reference container. This value is 
Minitial Take this measurement within 8 hours of filling the 
test container with fuel as specified in paragraph (b)(2) of this 
section.
    (3) Immediately place the portable fuel container within a well 
ventilated, temperature-controlled room or enclosure. Do not spill or 
add any fuel.
    (4) Close the room or enclosure.
    (5) Follow the temperature profile in the following table for all 
portable fuel containers. Use good engineering judgment to follow this 
profile as closely as possible. You may use linearly interpolated 
temperatures or a spline fit for temperatures between the hourly 
setpoints.

 Table 1 of Sec.  59.653--Diurnal Temperature Profile for Portable Fuel
                               Containers
------------------------------------------------------------------------
                                                               Ambient
                                                             Temperature
                        Time (hours)                         (C) Profile
 
------------------------------------------------------------------------
0..........................................................         22.2
1..........................................................         22.5
2..........................................................         24.2
3..........................................................         26.8
4..........................................................         29.6
5..........................................................         31.9
6..........................................................         33.9
7..........................................................         35.1
8..........................................................         35.4
9..........................................................         35.6
10.........................................................         35.3
11.........................................................         34.5
12.........................................................         33.2
13.........................................................         31.4
14.........................................................         29.7
15.........................................................         28.2
16.........................................................         27.2
17.........................................................         26.1
18.........................................................         25.1
19.........................................................         24.3
20.........................................................         23.7
21.........................................................         23.3
22.........................................................         22.9
23.........................................................         22.6
24.........................................................         22.2
------------------------------------------------------------------------

    (6) At the end of the diurnal period, retare the balance using the 
reference container and weigh the portable fuel container. Record the 
difference in mass between the reference container and the test. This 
value is Mfinal.

[[Page 400]]

    (7) Subtract Mfinal from Minitial and divide 
the difference by the nominal capacity of the container (using at least 
three significant figures) to calculate the g/gallon/day emission rate 
as follows:

    Emission rate = (Minitial--Mfinal)/(nominal 
capacity)/(one day)

    (8) Round your result to the same number of decimal places as the 
emission standard.
    (9) Instead of determining emissions by weighing the container 
before and after the diurnal temperature cycle, you may place the 
container in a SHED meeting the specifications of 40 CFR 86.107-96(a)(1) 
and measure emissions directly. Immediately following the stabilization 
in paragraph (d)(1) of this section, purge the SHED and follow the 
temperature profile from paragraph (d)(4) of this section. Start 
measuring emissions when you start the temperature profile and stop 
measuring emissions when the temperature profile concludes.
    (e) For metal containers, you may demonstrate for certification that 
your portable fuel containers comply with the evaporative emission 
standards without performing the pre-soak or container durability cycles 
(i.e., the pressure cycling, UV exposure, and slosh testing) specified 
in this section. For other containers, you may demonstrate compliance 
without performing the durability cycles specified in this section only 
if we approve it after you have presented data clearly demonstrating 
that the cycle or cycles do not negatively impact the permeation rate of 
the materials used in the containers.

                      Special Compliance Provisions



Sec. 59.660  Exemption from the standards.

    In certain circumstances, we may exempt portable fuel containers 
from the evaporative emission standards and requirements of Sec. 59.611 
and the prohibitions and requirements of Sec. 59.602. You do not need an 
exemption for any containers that you own but do not sell, offer for 
sale, introduce or deliver for introduction into U.S. commerce, or 
import into the United States. Submit your request for an exemption to 
the Designated Compliance Officer.
    (a) Portable fuel containers that are intended for export only and 
are in fact exported are exempt provided they are clearly labeled as 
being for export only. Keep records for five years of all portable fuel 
containers that you manufacture for export. Any introduction into U.S. 
commerce of such portable fuel containers for any purpose other than 
export is considered to be a violation of Sec. 59.602 by the 
manufacturer. You do not need to request this exemption.
    (b) You may ask us to exempt portable fuel containers that you will 
purchase, sell, or distribute for the sole purpose of testing them.
    (c) You may ask us to exempt portable fuel containers for the 
purpose of national security, as long as your request is endorsed by an 
agency of the federal government responsible for national defense. In 
your request, explain why you need the exemption.
    (d) You may ask us to exempt containers that are designed and 
marketed solely for rapidly refueling racing applications which are 
designed to create a leak proof seal with the target tank or are 
designed to connect with a receiver installed on the target tank. This 
exemption is generally intended for containers used to rapidly refuel a 
race car during a pit stop and similar containers. In your request, 
explain how why these containers are unlikely to be used for nonracing 
applications. We may limit these exemptions to those applications that 
are allowed to use gasoline exempted under 40 CFR 80.200(a).
    (e) EPA may impose reasonable conditions on any exemption, including 
a limit on the number of containers that are covered by an exemption.



Sec. 59.662  What temporary provisions address hardship due to unusual
circumstances?

    (a) After considering the circumstances, we may exempt you from the 
evaporative emission standards and requirements of Sec. 59.611 of this 
subpart and the prohibitions and requirements of Sec. 59.602 for 
specified portable fuel containers that do not comply with

[[Page 401]]

emission standards if all the following conditions apply:
    (1) Unusual circumstances that are clearly outside your control and 
that could not have been avoided with reasonable discretion prevent you 
from meeting requirements from this subpart.
    (2) You exercised prudent planning and were not able to avoid the 
violation; you have taken all reasonable steps to minimize the extent of 
the nonconformity.
    (3) Not having the exemption will jeopardize the solvency of your 
company.
    (4) No other allowances are available under the regulations in this 
chapter to avoid the impending violation, including the provisions of 
Sec. 59.663.
    (b) To apply for an exemption, you must send the Designated 
Compliance Officer a written request as soon as possible before you are 
in violation. In your request, show that you meet all the conditions and 
requirements in paragraph (a) of this section.
    (c) Include in your request a plan showing how you will meet all the 
applicable requirements as quickly as possible.
    (d) You must give us other relevant information if we ask for it.
    (e) We may include reasonable additional conditions on an approval 
granted under this section, including provisions to recover or otherwise 
address the lost environmental benefit or paying fees to offset any 
economic gain resulting from the exemption.
    (f) We may approve renewable extensions of up to one year. We may 
review and revise an extension as reasonable under the circumstances.
    (g) Add a legible label, written in English, to a readily visible 
part of each container exempted under this section. This label must 
prominently include at least the following items:
    (1) Your corporate name and trademark.
    (2) The statement ``EXEMPT UNDER 40 CFR 59.662.''.



Sec. 59.663  What are the provisions for extending compliance 
deadlines for manufacturers under hardship?

    (a) After considering the circumstances, we may extend the 
compliance deadline for you to meet new emission standards, as long as 
you meet all the conditions and requirements in this section.
    (b) To apply for an extension, you must send the Designated 
Compliance Officer a written request. In your request, show that all the 
following conditions and requirements apply:
    (1) You have taken all possible business, technical, and economic 
steps to comply.
    (2) Show that the burden of compliance costs prevents you from 
meeting the requirements of this subpart by the required compliance 
date.
    (3) Not having the exemption will jeopardize the solvency of your 
company.
    (4) No other allowances are available under the regulations in this 
subpart to avoid the impending violation.
    (c) In describing the steps you have taken to comply under paragraph 
(b)(1) of this section, include at least the following information:
    (1) Describe your business plan, showing the range of projects 
active or under consideration.
    (2) Describe your current and projected financial standing, with and 
without the burden of complying in full with the applicable regulations 
in this subpart by the required compliance date.
    (3) Describe your efforts to raise capital to comply with 
regulations in this subpart.
    (4) Identify the engineering and technical steps you have taken or 
plan to take to comply with regulations in this subpart.
    (5) Identify the level of compliance you can achieve. For example, 
you may be able to produce containers that meet a somewhat less 
stringent emission standard than the regulations in this subpart 
require.
    (d) Include in your request a plan showing how you will meet all the 
applicable requirements as quickly as possible.
    (e) You must give us other relevant information if we ask for it.
    (f) An authorized representative of your company must sign the 
request and include the statement: ``All the information in this request 
is true and

[[Page 402]]

accurate, to the best of my knowledge.''.
    (g) Send your request for this extension at least nine months before 
the relevant deadline.
    (h) We may include reasonable requirements on an approval granted 
under this section, including provisions to recover or otherwise address 
the lost environmental benefit. For example, we may require that you 
meet a less stringent emission standard.
    (i) We may approve renewable extensions of up to one year. We may 
review and revise an extension as reasonable under the circumstances.
    (j) Add a permanent, legible label, written in English, to a readily 
visible part of each container exempted under this section. This label 
must prominently include at least the following items:
    (1) Your corporate name and trademark.
    (2) The statement ``EXEMPT UNDER 40 CFR 59.663.''.



Sec. 59.664  What are the requirements for importing portable fuel
containers into the United States?

    As specified in this section, we may require you to post a bond if 
you import into the United States containers that are subject to the 
standards of this subpart. See paragraph (f) of this section for the 
requirements related to importing containers that have been certified by 
someone else.
    (a) Prior to importing containers into the U.S., we may require you 
to post a bond to cover any potential compliance or enforcement actions 
under the Clean Air Act if you cannot demonstrate to us that you have 
assets of an appropriate liquidity readily available in the United 
States with a value equal to the retail value of the containers that you 
will import during the calendar year.
    (b) We may set the value of the bond up to five dollars per 
container.
    (c) You may meet the bond requirements of this section by obtaining 
a bond from a third-party surety that is cited in the U.S. Department of 
Treasury Circular 570, ``Companies Holding Certificates of Authority as 
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring 
Companies'' (http://www.fms.treas.gov/c570/c570.html#certified).
    (d) If you forfeit some or all of your bond in an enforcement 
action, you must post any appropriate bond for continuing importation 
within 90 days after you forfeit the bond amount.
    (e) You will forfeit the proceeds of the bond posted under this 
section if you need to satisfy any United States administrative final 
order or judicial judgment against you arising from your conduct in 
violation of this subpart.
    (f) This paragraph (f) applies if you import for resale containers 
that have been certified by someone else. You and the certificate holder 
are each responsible for compliance with the requirements of this 
subpart and the Clean Air Act. No bond is required under this section if 
either you or the certificate holder meet the conditions in paragraph 
(a) of this section. Otherwise, the importer must comply with the bond 
requirements of this section.

               Definitions and Other Reference Information



Sec. 59.680  What definitions apply to this subpart?

    The following definitions apply to this subpart. The definitions 
apply to all subparts unless we note otherwise. All undefined terms have 
the meaning the Act gives to them. The definitions follow:
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
    Adjustable parameter means any device, system, or element of design 
that someone can adjust and that, if adjusted, may affect emissions. You 
may ask us to exclude a parameter if you show us that it will not be 
adjusted in use in a way that affects emissions.
    Certification means relating to the process of obtaining a 
certificate of conformity for an emission family that complies with the 
emission standards and requirements in this subpart.
    Configuration means a unique combination of hardware (material, 
geometry, and size) and calibration within an emission family. Units 
within a single configuration differ only with respect to normal 
production variability.

[[Page 403]]

    Container means portable fuel container.
    Designated Compliance Officer means the Manager, Engine Programs 
Group (6403-J), U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Designated Enforcement Officer means the Director, Air Enforcement 
Division (2242A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW.,Washington, DC 20460.
    Emission-control system means any device, system, or element of 
design that controls or reduces the regulated evaporative emissions 
from.
    Emission-data unit means a portable fuel container that is tested 
for certification. This includes components tested by EPA.
    Emission-related maintenance means maintenance that substantially 
affects emissions or is likely to substantially affect emission 
deterioration.
    Emission family has the meaning given in Sec. 59.625.
    Evaporative means relating to fuel emissions that result from 
permeation of fuel through the portable fuel container materials and 
from ventilation of the container.
    Good engineering judgment means judgments made consistent with 
generally accepted scientific and engineering principles and all 
available relevant information. See Sec. 59.603 for the administrative 
process we use to evaluate good engineering judgment.
    Hydrocarbon (HC) means total hydrocarbon (THC).
    Manufacture means the physical and engineering process of designing 
and/or constructing a portable fuel container.
    Manufacturer means any person who manufactures a portable fuel 
container for sale in the United States.
    Nominal capacity means the expected volumetric working capacity of a 
container.
    Official emission result means the measured emission rate for an 
emission-data unit.
    Portable fuel container means any reusable container designed and 
marketed (or otherwise intended) for use by consumers for receiving, 
transporting, storing, and dispensing gasoline, diesel fuel, or 
kerosene. For the purpose of this subpart, all utility jugs that are 
red, yellow or blue in color are deemed to be portable fuel containers, 
regardless of how they are labeled or marketed.
    Production period means the period in which a portable fuel 
container will be produced under a certificate of conformity. The 
maximum production period is five years.
    Revoke means to terminate the certificate or an exemption for an 
emission family. If we revoke a certificate or exemption, you must apply 
for a new certificate or exemption before continuing to introduce the 
affected containers into commerce. This does not apply to containers you 
no longer possess.
    Round has the meaning given in 40 CFR 1065.1001.
    Suspend means to temporarily discontinue the certificate or an 
exemption for an emission family. If we suspend a certificate, you may 
not introduce into commerce portable fuel containers from that emission 
family unless we reinstate the certificate or approve a new one. If we 
suspend an exemption, you may not introduce into commerce containers 
that were previously covered by the exemption unless we reinstate the 
exemption.
    Total hydrocarbon means the combined mass of organic compounds 
measured by the specified procedure for measuring total hydrocarbon, 
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of 
1.85:1.
    Ultimate purchaser means, with respect to any portable fuel 
container, the first person who in good faith purchases such a container 
for purposes other than resale.
    Ultraviolet light means electromagnetic radiation with a wavelength 
between 300 and 400 nanometers.
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
    U.S.-directed production volume means the amount of portable fuel 
containers, subject to the requirements of this subpart, produced by a 
manufacturer for which the manufacturer has a reasonable assurance that 
sale was or will be

[[Page 404]]

made to ultimate purchasers in the United States.
    Useful life means the period during which a portable fuel container 
is required to comply with all applicable emission standards. See 
Sec. 59.611.
    Void means to invalidate a certificate or an exemption ab initio 
(i.e. retroactively). Portable fuel containers introduced into U.S. 
commerce under the voided certificate or exemption is a violation of 
this subpart, whether or not they were introduced before the certificate 
or exemption was voided.
    We (us, our) means the Administrator of the Environmental Protection 
Agency and any authorized representatives.



Sec. 59.685  What symbols, acronyms, and abbreviations does this 
subpart use?

    The following symbols, acronyms, and abbreviations apply to this 
subpart:

CFR  Code of Federal Regulations
EPA  Environmental Protection Agency
HC  hydrocarbon
NIST  National Institute of Standards and Technology
THC  total hydrocarbon
U.S.C.  United States Code



Sec. 59.695  What provisions apply to confidential information?

    (a) Clearly show what you consider confidential by marking, 
circling, bracketing, stamping, or some other method.
    (b) We will store your confidential information as described in 40 
CFR part 2. Also, we will disclose it only as specified in 40 CFR part 
2. This applies both to any information you send us and to any 
information we collect from inspections, audits, or other site visits.
    (c) If you send us a second copy without the confidential 
information, we will assume it contains nothing confidential whenever we 
need to release information from it.
    (d) If you send us information without claiming it is confidential, 
we may make it available to the public without further notice to you, as 
described in 40 CFR 2.204.



Sec. 59.697  State actions.

    The provisions in this subpart do not preclude any State or any 
political subdivision of a State from:
    (a) Adopting and enforcing any emission standard or limitation 
applicable to anyone subject to the provisions of this part; or
    (b) Requiring the regulated entity to obtain permits, licenses, or 
approvals prior to initiating construction, modification, or operation 
of a facility for manufacturing a consumer product.



Sec. 59.698  May EPA enter my facilities for inspections?

    (a) We may inspect your portable fuel containers, testing, 
manufacturing processes, storage facilities (including port facilities 
for imported containers or other relevant facilities), or records, as 
authorized by the Act, to enforce the provisions of this subpart. 
Inspectors will have authorizing credentials and will limit inspections 
to reasonable times--usually, normal operating hours.
    (b) If we come to inspect, we may or may not have a warrant or court 
order.
    (1) If we do not have a warrant or court order, you may deny us 
entry.
    (2) If we have a warrant or court order, you must allow us to enter 
the facility and carry out the activities it describes.
    (c) We may seek a warrant or court order authorizing an inspection 
described in this section, whether or not we first tried to get your 
permission to inspect.
    (d) We may select any facility to do any of the following:
    (1) Inspect and monitor any aspect of portable fuel container 
manufacturing, assembly, storage, or other procedures, and any 
facilities where you do them.
    (2) Inspect and monitor any aspect of test procedures or test-
related activities, including test container selection, preparation, 
durability cycles, and maintenance and verification of your test 
equipment's calibration.
    (3) Inspect and copy records or documents related to assembling, 
storing, selecting, and testing a container.
    (4) Inspect and photograph any part or aspect of containers or 
components use for assembly.

[[Page 405]]

    (e) You must give us reasonable help without charge during an 
inspection authorized by the Act. For example, you may need to help us 
arrange an inspection with the facility's managers, including clerical 
support, copying, and translation. You may also need to show us how the 
facility operates and answer other questions. If we ask in writing to 
see a particular employee at the inspection, you must ensure that he or 
she is present (legal counsel may accompany the employee).
    (f) If you have facilities in other countries, we expect you to 
locate them in places where local law does not keep us from inspecting 
as described in this section. We will not try to inspect if we learn 
that local law prohibits it, but we may suspend your certificate if we 
are not allowed to inspect.



Sec. 59.699  How do I request a hearing?

    (a) You may request a hearing under certain circumstances, as 
described elsewhere in this subpart. To do this, you must file a written 
request with the Designated Compliance Officer, including a description 
of your objection and any supporting data, within 30 days after we make 
a decision.
    (b) For a hearing you request under the provisions of this subpart, 
we will approve your request if we find that your request raises a 
substantial factual issue.
    (c) If we agree to hold a hearing, we will use the procedures 
specified in 40 CFR part 1068, subpart G.

[[Page 407]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 409]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2017)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)

[[Page 410]]

    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)

[[Page 411]]

      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)

[[Page 412]]

     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Partys 10000--10049)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)

[[Page 413]]

        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)

[[Page 414]]

         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)

[[Page 415]]

        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)

[[Page 416]]

       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)

[[Page 417]]

         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)

[[Page 418]]

       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 419]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)

[[Page 420]]

        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)

[[Page 421]]

      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)

[[Page 422]]

        IV  Office of Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

[[Page 423]]

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)

[[Page 424]]

       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--599)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)

[[Page 425]]

        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)

[[Page 426]]

         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Health and Human Services (Parts 300--399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)

[[Page 427]]

        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 429]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2017)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 430]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Career, Technical and Adult Education, Office of  34, IV
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I

[[Page 431]]

Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical and Adult Education, Office   34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 432]]

  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV

[[Page 433]]

Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI

[[Page 434]]

Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  2, XXIX; 5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI

[[Page 435]]

  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VII
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    5, C; 34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III

[[Page 436]]

National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV

[[Page 437]]

Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               2, X;5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
   Commission
[[Page 438]]

Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 439]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2012 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.fdsys.gov. For changes to this volume of the CFR 
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The 
``List of CFR Sections Affected 1986-2000'' is available at 
www.fdsys.gov.

                                  2012

40 CFR
                                                                   77 FR
                                                                    Page
Chapter I
55.14  (e)(3)(ii)(F) revised.......................................72745
55  Appendix A amended.............................................72745
59.515  (a)(1) revised.............................................14283
59.500--59.516 (Subpart E)  Table 1 revised........................14283
    Table 2A revised...............................................14284
    Table 2B revised...............................................14286
    Table 2C revised...............................................14287

                                  2013

40 CFR
                                                                   78 FR
                                                                    Page
Chapter I
53.9  (c) revised...................................................3281
55.14  (e)(3)(ii)(H) revised.......................................14918
    (e)(3)(ii)(F) revised..........................................59265
55  Appendix A amended......................................14918, 59265
58.1  Amended.......................................................3281
58.10  (a)(2), (c) and (d) revised; (a)(8) and (b)(13) added........3282
    (a)(5) and (b)(12) revised.....................................16188
58.11  (e) added....................................................3282
58.12  (d)(1)(iii) revised; (f)(2) removed..........................3282
58.13  (f) added....................................................3283
    (c) revised....................................................16188
58.16  (a) and (f) revised..........................................3283
58.20  (c) revised..................................................3283
58.30 (Subpart D)  Heading revised..................................3283
58.30  (a) revised..................................................3283
58  Appendix A amended..............................................3283
    Appendix D amended..............................................3284
    Appendix E amended..............................................3285
    Appendix G amended..............................................3286
59.107  Amended....................................................37976
59.210  Amended....................................................37976
59.409  (a) amended................................................37976
59.512  Amended....................................................37976

                                  2014

                       (No regulations published)

                                  2015

40 CFR
                                                                   80 FR
                                                                    Page
Chapter I
53.9  (i) removed..................................................65460
53.14  (c) introductory text revised...............................65460
53.23  (e)(1)(iv) revised..........................................65460
53.20--53.23 (Subpart B)  Table B-1 revised........................65460
53.32  (g)(1)(iii) revised.........................................65466
53.50--53.59 (Subpart E)  Figure E-2 removed.......................65466
55.14  (d)(10) and (e)(10) added; (e) introductory text revised....65663
55  Appendix A amended.............................................65663
58.10  (a)(9), (10) and (11) added.................................65466
58.11  (c) revised.................................................65466
58.13  (g) and (h) added...........................................65466
58.50  (c) revised.................................................65466

[[Page 440]]

58  Appendix D amended.............................................65466
    Appendix G amended.............................................65468
59.611  (c)(1)(ii) revised..........................................9089
59.623  (a) revised.................................................9089
59.625  (b)(6) added................................................9089

                                  2016

40 CFR
                                                                   81 FR
                                                                    Page
Chapter I
55.5  (f)(1)(i) and (ii) revised...................................71630
55.6  (a)(3) revised...............................................71630
55.7  (f)(4)(ii) and (iii) revised.................................71630
55.14  (e)(10)(i)(A) revised.......................................62395
55  Appendix A amended.............................................62395
56.3  (d) added....................................................51113
56.4  (c) added....................................................51113
56.5  (b) revised..................................................51114
58.1  Revised......................................................17276
58.10  (a)(1) and (2) revised; (a)(12) added.......................17279
    (a)(5)(iv) revised; (a)(5)(v) removed..........................96388
58.11  (a)(3) revised..............................................17279
58.12  (d)(1) and (3) revised......................................17279
58.13  (c)(4) revised; (c)(5) removed..............................96388
58.14  (a) revised.................................................17280
58.15  Revised.....................................................17280
58.16  (a), (c) and (d) revised....................................17280
58  Appendix A revised.............................................17280
    Appendix B added...............................................17290
    Appendix D amended......................................17298, 96388

                                  2017

  (No regulations published from January 1, 2017, through July 1, 2017)


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