[Federal Register Volume 60, Number 152 (Tuesday, August 8, 1995)]
[Rules and Regulations]
[Pages 40295-40297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19527]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 75

[FRL-5274-5]


Acid Rain Program: Continuous Emission Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of removal of provisions of direct final rule and 
extended public comment period.

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SUMMARY: On May 17, 1995, EPA published direct final amendments to the 
Continuous Emission Monitoring (CEM) rule in the Acid Rain Program for 
the purpose of making implementation of the program simpler, 
streamlined, and more efficient. The amendments to the original January 
11, 1993 rule became final and effective on July 17, 1995. During the 
public comment period on the direct final rule and its companion 
proposed rule, EPA received significant, adverse comments on those 
amended provisions that related to alternative monitoring systems and 
opacity monitoring for a bypass stack. EPA is removing those amended 
provisions in the direct final rule and republishing the corresponding 
provisions from the original January 11, 1993 rule. EPA will address 
the removed, amended provisions in a future final rule. EPA is also 
extending the public comment period on the removed, amended provisions 
for 15 days to allow the public to respond to the significant, adverse 
comments. All other provisions of the direct final rule remain final.

DATES: Comment date: Comments in response to the significant, adverse 
comments on the direct final rule must be received on or before August 
23, 1995.
    Effective date: The effective date of the republished provisions 
from the original January 11, 1993 rule is September 7, 1995.

ADDRESSES: Any written comments in response to the significant, adverse 
comments on the direct final rule must be identified as being in 
response to such comments in Docket No. A-94-16 and must be submitted 
in duplicate to: EPA Air Docket (6102), U.S. Environmental Protection 
Agency, 401 M Street SW., Washington, DC 20460. The docket is available 
for public inspection and copying between 8:30 a.m. and 3:30 p.m., 
Monday through Friday, at the above address. A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: Margaret Sheppard, Acid Rain Division 
(6204J), U.S. Environmental Protection Agency, 401 M Street SW., 
Washington, DC 20460, (202) 233-9180.

SUPPLEMENTARY INFORMATION: EPA received significant, adverse comments 
on certain provisions of the direct final rule amending part 75 from 
Pavilion Technologies, Inc. The comments are found in Docket No. A-94-
16, item V-D-03. Pavilion Technologies, Inc. made significant, adverse 
comments on the following amended provisions: 75.20(f); 75.41(a)(1), 
(b)(1)(i), (b)(2)(iv)(A) and (C), (c)(1)(i) and (ii), and (c)(2)(ii); 
75.47; and 75.48(a) introductory text, (a)(1), (b), and (c). Therefore, 
those amended provisions in the direct final rule are being removed and 
the corresponding provisions in the original January 11, 1993 rule will 
be effective until EPA addresses the comments in a future final rule.
    The Agency notes that, although the commenter requested withdrawal 
of all direct final amendments pertaining to alternative monitoring 
systems, the commenter also indicated that it supported the amendment 
of Sec. 72.20(f)(2) providing for provisional certification of an 
alternative monitoring system after the system has been approved by the 
Administrator. However, the commenter objected to the public notice and 
comment procedure that the direct final rule requires prior to such 
approval. The direct final rule allows for provisional certification 
because the alternative monitoring system has already undergone public 
notice and comment and EPA review. See Docket No. A-94-16, item II-F-2. 
Consequently, EPA is removing all of the interrelated direct final 
provisions.
    EPA also received one significant, adverse comment on the direct 
final rule provision, Sec. 75.18(b)(3), from Monitor Labs, Inc. The 
comment is found in Docket No. A-94-16, item V-D-18 (comment 4). 
Monitor Labs, Inc. objected to the provision allowing the use of a 
noncontinuous monitoring method (i.e., Method 9 of appendix A of part 
60), in lieu of a continuous opacity monitoring system, for bypass 
stacks. EPA is therefore removing the direct final provision at 
Sec. 75.18(b)(3). The 

[[Page 40296]]
remaining provisions in the direct final Sec. 75.18(b) remain in 
effect.
    No other significant, adverse comments were received by EPA on the 
direct final rule. Thus, all other provisions of the direct final rule 
became final on July 17, 1995 and remain in effect.
    EPA is merely reinstating a few provisions of the original January 
11, 1993 rule pending response to adverse comments on proposed 
amendments of those provisions. The requirements of Executive Orders 
12866 and 12875, the Regulatory Flexibility Act, the Unfunded Mandates 
Act, and the Paperwork Reduction Act are therefore not applicable to 
this notice. All applicable administrative requirements will be met 
when the proposed amendments are addressed in a future final rule.
    For additional information, see the direct final rule. 60 FR 26510 
(May 17, 1995).

List of Subjects in 40 CFR Part 75

    Environmental protection, Air pollution control, Carbon dioxide, 
Continuous emission monitors, Electric utilities, Incorporation by 
reference, Nitrogen oxides, Reporting and recordkeeping requirements, 
Sulfur dioxide.

    Dated: August 2, 1995.
Brian J. McLean,
Director, Acid Rain Division.

    1. The authority citation for part 75 continues to read as follows:

    Authority: 42 U.S.C. 7601 and 7651, et seq.

    2. Section 75.18 is amended by removing paragraph (b)(3) and by 
revising paragraph (b)(2) to read as follows:


Sec. 75.18  Specific provisions for monitoring emissions from common 
and by-pass stacks for opacity.

* * * * *
    (b) * * *
    (2) A continuous opacity monitoring system is already installed and 
certified at the inlet of the add-on emissions controls.
    3. Section 75.20 is amended by revising paragraph (f) to read as 
follows:


Sec. 75.20  Certification and recertification procedures.

* * * * *
    (f) Certification/recertification procedures for alternative 
monitoring systems. The designated representative representing the 
owner or operator of each alternative monitoring system approved by the 
Administrator as equivalent to or better than a continuous emission 
monitoring system according to the criteria in subpart E of this part 
shall apply for certification to the Administrator prior to use of the 
system under the Acid Rain Program, and shall apply for recertification 
to the Administrator following a replacement, modification, or change 
according to the procedures in paragraph (c) of this section. The owner 
or operator of an alternative monitoring system shall comply with the 
notification and application requirements for certification or 
recertification according to the procedures specified in paragraphs (a) 
and (b) of this section.
    (1) The Administrator will publish each request for initial 
certification of an alternative monitoring system in the Federal 
Register and, following a public comment period of 60 days, will issue 
a notice of approval or disapproval.
    (2) No alternative monitoring system shall be authorized by the 
Administrator in a permit issued pursuant to part 72 of this chapter 
unless approved by the Administrator in accordance with this part.
    4. Section 75.41 is amended by revising paragraphs (a)(1), 
(b)(1)(i), (b)(2)(iv)(A), (b)(2)(iv)(C), (c)(1)(i), (c)(1)(ii), and 
(c)(2)(ii) to read as follows:


Sec. 75.41  Precision criteria.

    (a) * * *
    (1) Data from the alternative monitoring system and the continuous 
emission monitoring system shall be collected and paired in a manner 
that ensures each pair of values applies to hourly average emissions 
during the same hour.
* * * * *
    (b) * * *
    (1) * * *
    (i) Apply the log transformation to each measured value of either 
the certified continuous emissions monitoring system or certified flow 
monitor, using the following equation:

lv=ln ev
(Eq. 11)
where,
ev=Hourly value generated by the certified continuous emissions 
monitoring system or certified flow monitoring system
lv=Hourly lognormalized data values for the certified monitoring 
system
and to each measured value, ep, of the proposed alternative 
monitoring system, using the following equation to obtain the 
lognormalized data values, lp:

lp=ln ep
(Eq. 12)
where,
ep=Hourly value generated by the proposed alternative monitoring 
system.
lp=Hourly lognormalized data values for the proposed alternative 
monitoring system.
* * * * *
    (2) * * *
    (iv) * * *
    (A) The set of measured hourly values, ev, generated by the 
certified continuous emissions monitoring system or certified flow 
monitoring system.
* * * * *
    (C) The set of hourly differences, ev-ep, between the 
hourly values, ev, generated by the certified continuous emissions 
monitoring system or certified flow monitoring system and the hourly 
values, ep, generated by the proposed alternative monitoring 
system.
* * * * *
    (c) * * *
    (1) * * *
    (i) Calculate the variance of the certified continuous emission 
monitoring system or certified flow monitor as applicable, 
Sv2, and the proposed method, Sp2, using the 
following equation.
[GRAPHIC][TIFF OMITTED]TR08AU95.064

(Eq. 23)
where,
ei=Measured values of either the certified continuous emission 
monitoring system or certified flow monitor, as applicable, or proposed 
method.
em=Mean of either the certified continuous emission monitoring 
system or certified flow monitor, as applicable, or proposed method 
values.
n=Total number of paired samples.

    (ii) Determine if the variance of the proposed method is 
significantly different from that of the certified continuous emission 
monitoring system or certified flow monitor, as applicable, by 
calculating the F-value using the following equation.
[GRAPHIC][TIFF OMITTED]TR08AU95.065

(Eq. 24)

Compare the experimental F-value with the critical value of F at the 
95-percent confidence level with n-1 degrees of freedom. The critical 
value is obtained from a table for F-distribution. If the calculated F-
value is greater than the critical value, the proposed method is 
unacceptable.
    (2) * * * 

[[Page 40297]]

    (ii) Use the following equation to calculate the coefficient of 
correlation, r, between the emissions data from the alternative 
monitoring system and the continuous emission monitoring system using 
all hourly data for which paired values were available from both 
monitoring systems.
[GRAPHIC][TIFF OMITTED]TR08AU95.066

(Eq. 27)
* * * * *
    5. Section 75.47 is revised to read as follows:


Sec. 75.47  Criteria for a class of affected units.

    (a) The owner or operator of an affected unit may represent a class 
of affected units for the purpose of applying to the Administrator for 
a class-approved alternative monitoring system.
    (b) The owner or operator of an affected unit representing a class 
of affected units shall provide the following information:
    (1) A description of the affected unit and how it appropriately 
represents the class of affected units;
    (2) A description of the class of affected units, including data 
describing all the affected units which will comprise the class; and
    (3) A demonstration that the magnitude of emissions of all units 
which will comprise the class of affected units are de minimis.
    (c) If the Administrator determines that the emissions from all 
affected units which will comprise the class of units are de minimis, 
then the Administrator shall publish notice in the Federal Register, 
providing a 30-day period for public comment, prior to granting a 
class-approved alternative monitoring system.
    6. Section 75.48 is revised to read as follows:


Sec. 75.48  Petition for an alternative monitoring system.

    (a) The designated representative shall submit the following 
information in the application for certification or recertification of 
an alternative monitoring system.
    (1) Source identification information.
    (2) A description of the alternative monitoring system.
    (3) Data, calculations, and results of the statistical tests, 
specified in Sec. 75.41(c) of this part, including:
    (i) Date and hour.
    (ii) Hourly test data for the alternative monitoring system at each 
required operating level and fuel type.
    (iii) Hourly test data for the continuous emissions monitoring 
system at each required operating level and fuel type.
    (iv) Arithmetic mean of the alternative monitoring system 
measurement values, as specified in Equation 24 in Sec. 75.41(c) of 
this part, of the continuous emission monitoring system values, as 
specified on Equation 25 in Sec. 75.41(c) of this part, and of their 
differences.
    (v) Standard deviation of the difference, as specified in Equation 
A-8 in appendix A of this part.
    (vi) Confidence coefficient, as specified in Equation A-9 in 
appendix A of this part.
    (vii) The bias test results as specified in Sec. 7.6.4 in appendix 
A of this part.
    (viii) Variance of the measured values for the alternative 
monitoring system and of the measured values for the continuous 
emissions monitoring system, as specified in Equation 22 in 
Sec. 75.41(c) of this part.
    (ix) F-statistic, as specified in Equation 23 in Sec. 75.41(c) of 
this part.
    (x) Critical value of F at the 95-percent confidence level with n-1 
degrees of freedom.
    (xi) Coefficient of correlation, r, as specified in Equation 26 in 
Sec. 75.41(c) of this part.
    (4) Data plots, specified in Secs. 75.41(a)(9) and 75.41(c)(2)(i) 
of this part.
    (5) Results of monitor reliability analysis.
    (6) Results of monitor accessibility analysis.
    (7) Results of monitor timeliness analysis.
    (8) A detailed description of the process used to collect data, 
including location and method of ensuring an accurate assessment of 
operating hourly conditions on a real-time basis.
    (9) A detailed description of the operation, maintenance, and 
quality assurance procedures for the alternative monitoring system as 
required in appendix B of this part.
    (10) A description of methods used to calculate heat input or 
diluent gas concentration, if applicable.
    (11) Results of tests and measurements (including the results of 
all reference method field test sheets, charts, laboratory analyses, 
example calculations, or other data as appropriate) necessary to 
substantiate that the alternative monitoring system is equivalent in 
performance to an appropriate, certified operating continuous emission 
monitoring system.

[FR Doc. 95-19527 Filed 8-7-95; 8:45 am]
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