[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Proposed Rules]
[Pages 28378-28379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13153]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60

[AD-FRL-5211-5]
RIN 2060-AF00


Standards of Performance for New Stationary Sources Appendix A , 
Test Method 23

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: This rule amends Method 23, entitled ``Determination of 
Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans 
from Stationary Sources,'' to correct existing errors in the method, to 
eliminate the methylene chloride rinse of the sampling train, and to 
clarify the quality assurance requirements of the method.

DATES: Comments. Comments must be received on or before August 29, 
1995.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by June 14, 1995 a public hearing will be held on June 
28, 1995, beginning at 10 a.m.
    Request to Speak at Hearing. Persons wishing to present oral 
testimony must contact EPA by June 14, 1995.

ADDRESSES: Comments should be submitted (in duplicate if possible) to 
Public Docket No. A-94-2 at the following address: U. S. Environmental 
Protection Agency, Air and Radiation Docket and Information Center, 
Mail Code: 6102, 401 M Street SW., Washington, DC 20460. The Agency 
requests that a separate copy also be sent to the contact person listed 
below. The docket is located at the above address in room M-1500 
Waterside Mall (ground floor), and may be inspected from 8:30 a.m.-12 
p.m. and 1:30 p.m.-3 p.m., Monday through Friday. The proposed 
regulatory text and other materials related to this rulemaking are 
available for review in the docket or copies may be mailed on request 
from the Air Docket by calling 202-260-7548. A reasonable fee may be 
charged for copying docket materials.
    Public Hearing. If anyone contacts EPA requesting a public hearing, 
it will be held at EPA's Emission Measurement Laboratory, Research 
Triangle Park, North Carolina. Persons interested in attending the 
hearing or wishing to present oral testimony should notify Ms. Lala 
Cheek (MD-19), U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711, telephone number (919) 541-5545.
    Docket. A Docket, A-94-22, containing materials relevant to this 
rulemaking, is available for public inspection and copying between 8:30 
a.m.-12 p.m. and 1:30 p.m.-3 p.m., Monday through Friday, in at EPA's 
Air Docket Section (LE-131), Room M-1500 Waterside Mall (ground floor) 
401 M Street SW., Washington, DC. 20460. A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: Gary McAlister, Emission Measurement 
Branch (MD-19), Emissions, Monitoring, and Analysis Division, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone (919) 541-1062.

SUPPLEMENTARY INFORMATION: The proposed regulatory text of the proposed 
rule is not included in this Federal Register document, but is 
available in Docket No. A-94-22 or by written or telephone request from 
the Air Docket (see ADDRESSES). If necessary, a limited number of 
copies of the Regulatory Text are available from the EPA contact 
persons designated earlier in this document. This document with the 
proposed regulatory language is also available on the Technology 
Transfer Network (TTN), one of EPA's electronic bulletin boards. TTN 
provides information and technology exchange in various areas of air 
pollution control. The service is free except for the cost of the phone 
call. Dial (919) 541-5742 for up to a 14400 bps modem. If more 
information on TTN is needed, call the HELP line at (919) 541-5384.

I. Summary

    Method 23 was promulgated along with the New Source Performance 
Standard for municipal waste combustors (Subpart Ea). As promulgated, 
the method contained some errors. This action would correct those 
errors and would clarify some of the existing quality assurance 
requirements. In addition, the current procedure requires rinsing of 
the sampling train with two separate solvents which must be analyzed 
separately. Based on data the Agency has collected since promulgation 
of Method 23, we believe that one of these rinse steps and the 
resulting sample fraction can be eliminated. This could save as much as 
$2000 per test run in analytical costs.

II. The Rulemaking

    This rulemaking does not impose emission measurement requirements 
beyond those specified in the current regulations nor does it change 
any emission standard. Rather, the rulemaking would simply amend an 
existing test method associated with emission measurement requirements 
in [[Page 28379]] the current regulations that would apply irrespective 
of this rulemaking.

III. Administrative Requirements

A. Public Hearing

    A public hearing will be held, if requested, to discuss the 
proposed amendment in accordance with section 307(d)(5)of the Clean Air 
Act. Persons wishing to make oral presentations should contact EPA at 
the address given in the ADDRESSES section of this preamble. Oral 
presentations will be limited to 15 minutes each. Any member of the 
public may file a written statement with EPA before, during, or within 
30 days after the hearing. Written statements should be addressed to 
the Air Docket Section address given in the ADDRESSES section of this 
preamble.
    A verbatim transcript of the hearing and written statements will be 
available for public inspection and copying during normal working hours 
at EPA's Air Docket Section in Washington, DC (see ADDRESSES section of 
this preamble).

B. Docket
    The docket is an organized and complete file of all the information 
considered by EPA in the development of this rulemaking. The docket is 
a dynamic file, since material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public and industries involved to identify and locate documents readily 
so that they may effectively participate in the rulemaking process. 
Along with the statement of basis and purpose of the proposed and 
promulgated test method revisions and EPA responses to significant 
comments, the contents of the docket, except for interagency review 
materials, will serve as the record in case of judicial review [Section 
307(d)(7)(A)].

C. Executive Order 12866 Review

    Under Executive Order (E.O.) 12866, the EPA must determine whether 
the proposed regulatory action is ``significant'' and therefore, 
subject to the Office of Management and Budget (OMB) review and the 
requirements of the Executive Order. The Order defines ``significant'' 
regulatory action as one that is likely to lead to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety in State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has determined 
that this proposed rule is not ``significant'' because the annual 
effect on the economy will not exceed $100 million.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 requires the 
identification of potentially adverse impacts of Federal regulations 
upon small business entities. The RFA specifically requires the 
completion of an analysis in those instances where small business 
impacts are possible. This rulemaking does not impose emission 
measurement requirements beyond those specified in the current 
regulations, nor does it change any emission standard. Because this 
rulemaking imposes no adverse economic impacts, an analysis has not 
been conducted.
    Pursuant to the provision of 5 U.S.C. 605(b), I hereby certify that 
the promulgated rule will not have an impact on small entities because 
no additional costs will be incurred.

E. Paperwork Reduction Act

    This rule does not change any information collection requirements 
subject to Office of Management and Budget review under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.

F. Statutory Authority

    The statutory authority for this proposal is provided by sections 
111 and 301(a) of the Clean Air Act, as amended: 42 U.S.C., 7411 and 
7601(a).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Ammonium sulfate plants, Batteries , 
Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry 
cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass 
and glass products, Grains, Graphic arts industry, Heaters, Household 
appliances, Insulation, Intergovernmental relations, Iron, Labeling, 
Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals, 
Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide, 
Paper and paper products industry, Particulate matter, Paving and 
roofing materials, Petroleum, Phosphate, Plastics materials and 
synthetics, Polymers, Reporting and recordkeeping requirements, Sewage 
disposal, Steel, Sulfur oxides, Sulfuric acid plants, Tires, Urethane, 
Vinyl, Volatile organic compounds, Waste treatment and disposal, Zinc.

    Dated: May 22, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-13153 Filed 5-30-95; 8:45 am]
BILLING CODE 6560-50-P