[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Proposed Rules]
[Pages 39297-39298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[FRL-5269-1]
Preparation, Adoption, and Submittal of State Implementation
Plans; Appendix M, Test Methods 204, 204A-204F
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to add seven methods to appendix M of 40
CFR part 51 for capture efficiency (CE) testing to assist States in
adopting enforceable CE measurement protocols into their State
implementation plans (SIP's) for ozone. These proposed methods, in
conjunction with the protocols, would also improve EPA's ability to
enforce State regulations to reduce volatile organic compounds (VOC)
emissions in ozone nonattainment areas.
DATES: Comments. Comments must be received on or before October 2,
1995.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by August 16, 1995, hearing will be held on August 30,
1995, beginning at 10:00 a.m. Persons interested in attending the
hearing should call Ms. Betty Sorrell at (919) 541-5582 to verify that
a hearing will be held.
Request to Speak at Hearing. Persons wishing to present oral
testimony must contact EPA by August 16, 1995.
ADDRESSES: Comments. Comments should be submitted (in duplicate if
possible) to Public Docket No. A-91-70 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.-3:00 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. Betty
Sorrell (MD-19), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711, telephone number (919) 541-5582.
Docket. A Docket A-91-70, 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.-3:00 p.m., Monday through Friday, at the
EPA's Air Docket Section Mail Code: 6102, 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: Candace Sorrell, Source
Characterization Group A (MD-19), Emissions, Monitoring, and Analysis
Division, U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina 27711, telephone (919) 541-4825.
SUPPLEMENTARY INFORMATION: The proposed regulatory text of the proposed
rule is not included in this Federal Register notice, but is available
in Docket No. A-91-70 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 notice. This Notice with the proposed regulatory
language is also available on the Technology Transfer Network (TTN),
one of EPA's electronic bulletin boards. The 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
On February 10, 1995, EPA released a document entitled ``Guidelines
for Determining Capture Efficiency'' which recommended the use of a
permanent total enclosure (PTE), temporary total enclosure (TTE), or a
building enclosure for determining CE. The EPA is proposing to add
seven test methods, needed to carrying out the recommended protocols,
to appendix M in 40 CFR part 51. The methods being proposed today can
be used by States in developing CE protocols for regulated coating and
printing facilities employing a VOC capture system and control device.
The use of alternative methods and protocols is discussed in the
guidance document mentioned above.
Each of the EPA recommended protocols relies on the use of an
enclosure to contain the VOC emitted from a process. Either a gas/gas
protocol (gas-phase measurements only) or a liquid/gas protocol (both
liquid- and gas-phase measurements) would be considered acceptable in
conjunction with the construction of a TTE around the process. The gas/
gas or liquid/gas protocol could also be employed in situations where
the building or room around the process meet the requirements in
proposed Method 204 for a TTE.
An owner or operator installing a PTE meeting the requirements in
proposed Method 204 would not be required to perform CE testing,
because the CE would be assumed to be 100 percent. Testing of the
destruction or removal efficiency of the control device would
[[Page 39298]]
still be required in order to provide a measure of the overall control
efficiency of the total emission control system.
II. The Rulemaking
This rulemaking proposes to add seven methods for measuring CE to
appendix M of 40 CFR part 51 to provide methods that States can use in
their SIP's.
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 within 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
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of this Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in 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, or 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 obligation 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, it has been
determined that this rule is not ``significant'' because none of the
listed criteria apply to this action. Consequently, this action was not
submitted to OMB for review under Executive Order 12866.
D. Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') (signed into law on March 22, 1995) requires that the
Agency prepare a budgetary impact statement before promulgating a rule
that includes a Federal mandate that may result in expenditure by
State, local, and tribal governments, in aggregate, or by the private
sector of $100 million or more in any one year. Section 204 requires
the Agency to establish a plan for obtaining input from and informing ,
educating , and advising any small governments that may be
significantly or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the Agency must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The agency must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the Agency explains why
this alternative is not selected or the selection of this alternative
is inconsistent with law.
Because this proposed rule is estimated to result in the
expenditure by State, local, and tribal governments or the private
sector of less than $100 million in any one year, the Agency has not
prepared a budgetary impact statement or specifically addressed the
selection of the least costly, most cost-effective, or least burdensome
alternative. Because small governments will not be significantly or
uniquely affected by this rule, the Agency is not required to develop a
plan with regard to small governments.
E. 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.
F. Paperwork Reduction Act
The rule does not change any information collection requirements
subject of Office of Management and Budget review under the Paperwork
Reduction Act of 1980, 44 U.S.C. 3501 et seq.
G. Statutory Authority
The statutory authority for this proposal is provided by section
110 of the Clean Air Act, as amended: 42 U.S.C., 7410.
Dated: July 25, 1995.
Carol M. Browner,
The Administrator.
[FR Doc. 95-18994 Filed 8-1-95; 8:45 am]
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