[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Rules and Regulations]
[Pages 25666-25669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12565]



40 CFR Part 60

[EPA-HQ-OAR-2002-0071; FRL-8910-5]
RIN 2060-AP13

Update of Continuous Instrumental Test Methods; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.


SUMMARY: EPA published a final rule in the Federal Register on May 22, 
2008, that made technical corrections to five test methods. Inadvertent 
printing errors were made in the publication. Text insertions were 
misplaced, duplicate insertions were made, and the definition for 
system bias was inadvertently revised. The purpose of this action is to 
correct these errors.

DATES: This correction is effective on June 29, 2009.

Assessment Division, Office of Air Quality Planning and Standards 
(E143-02), Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711; telephone number (919) 541-1063; fax number (919) 
541-0516; e-mail address: [email protected].


I. Summary of Amendment

    EPA promulgated revisions to continuous instrumental test methods 
on May 22, 2008, where a number of technical amendments were made to 
five test methods. Several of the revisions were added to the text in 
the wrong places and in some cases duplicate insertions were made. The 
definition for system bias was also inadvertently revised. This action 
corrects those publication errors.
    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the Agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this technical correction final without 
prior proposal and opportunity for comment because only simple 
publication errors are being corrected that do not substantially change 
the Agency actions taken in the final rule. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(3)(B). (See also the final sentence of section 
307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), indicating 
that the good cause provisions in subsection 553(b) of the APA continue 
to apply to this type of rulemaking under section 307(d) of the CAA.

II. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (58 FR 
51735, October 4, 1993), this action is not a ``significant regulatory 
action'' and is therefore not subject to review by the Office of 
Management and Budget. This action is not a ``major rule'' as defined 
by 5 U.S.C. 804(2). The technical corrections do not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Because EPA has made a ``good cause'' finding that this action is 
not subject to notice and comment requirements under the APA or any 
other statute (see Section II), it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act [5 U.S.C. 601 
et seq.], or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) [Pub. L. 104-4]. In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of the UMRA.
    This action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified by Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 9, 2000). This correction also is not subject to 
Executive Order 13045, Protection of Children from Environmental Health 
and Safety Risks (62 FR 19885, April 23, 1997) because it is not 
economically significant.
    This technical correction does not involve changes to the technical 
standards related to test methods or monitoring requirements; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272) do not apply.
    This technical correction also does not involve special 
consideration of environmental justice-related issues as required by 
Executive Order 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994).
    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), generally provides that before a rule may take effect, the 
Agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the U.S. Section 808 allows the issuing Agency 
to make a rule effective sooner than otherwise provided by the CRA if 
the Agency makes a good cause finding that notice and public procedure 
is impracticable, unnecessary, or contrary to the public interest. This

[[Page 25667]]

determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefor, and established an effective date of June 29, 
2009. The EPA will submit a report containing this final action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this action in the Federal Register. This action is 
not a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule will 
be effective June 29, 2009.
    This technical correction does not have substantial direct effects 
on the States, or on the relationship between the national Government 
and the States, or on the distribution of power and responsibilities 
among the various levels of Government, as specified in Executive Order 
13132, Federalism (64 FR 43255, August 10, 1999).
    This technical correction is not subject to Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because this action is 
not a significant regulatory action under Executive Order 12866.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: May 22, 2009.
Lisa P. Jackson,

For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:


1. The authority citation for Part 60 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Appendix A-2--  [Amended]

2. Method 3A is amended by revising Section 7.1 to read as follows:

Method 3A--Determination of Oxygen and Carbon Dioxide Concentrations in 
Emissions From Stationary Sources (Instrumental Analyzer Procedure)

* * * * *
    7.1 Calibration Gas. What calibration gasses do I need? Refer to 
Section 7.1 of Method 7E for the calibration gas requirements. Example 
calibration gas mixtures are listed below. Precleaned or scrubbed air 
may be used for the O2 high-calibration gas provided it does 
not contain other gases that interfere with the O2 
    (a) CO2 in nitrogen (N2).
    (b) CO2 in air.
    (c) CO2/SO2 gas mixture in N2.
    (d) O2/SO2 gas mixture in N2.
    (e) O2/CO2/SO2 gas mixture in 
    (f) CO2/NOX gas mixture in N2.
    (g) CO2/SO2/NOX gas mixture in 
    The tests for analyzer calibration error and system bias require 
high-, mid-, and low-level gases.
* * * * *

Appendix A-4--  [Amended]

3. Method 7E is amended as follows:
a. By revising section 3.12.
b. By revising section 3.16.
c. By revising section 7.1.
d. By revising section 8.1.2.
e. By revising section 8.2.1.
f. By revising section 8.2.4.
g. By revising the Summary Table of QA/QC in Section 9.0.
h. By revising section 12.11.
i. By revising section 16.2.2.

Method 7E--Determination of Nitrogen Oxides Emissions From Stationary 
Sources (Instrumental Analyzer Procedure)

* * * * *
    3.12 Low-Concentration Analyzer means any analyzer that operates 
with a calibration span of 20 ppm NOX or lower. Each 
analyzer model used routinely to measure low NOX 
concentrations must pass a manufacturer's stability test (MST). An MST 
subjects the analyzer to a range of line voltages and temperatures that 
reflect potential field conditions to demonstrate its stability 
following procedures similar to those provided in 40 CFR 53.23. 
Ambient-level analyzers are exempt from the MST requirements of Section 
16.3. A copy of this information must be included in each test report. 
Table 7E-5 lists the criteria to be met.
* * * * *
    3.16 System Bias means the difference between a calibration gas 
measured in direct calibration mode and in system calibration mode. 
System bias is determined before and after each run at the low- and 
mid- or high-concentration levels. For dilution-type systems, pre- and 
post-run system calibration error is measured rather than system bias.
* * * * *
    7.1 Calibration Gas. What calibration gases do I need? Your 
calibration gas must be NO in N2 and certified (or 
recertified) within an uncertainty of 2.0 percent in accordance with 
``EPA Traceability Protocol for Assay and Certification of Gaseous 
Calibration Standards'' September 1997, as amended August 25, 1999, 
EPA-600/R-97/121. Blended gases meeting the Traceability Protocol are 
allowed if the additional gas components are shown not to interfere 
with the analysis. If a zero gas is used for the low-level gas, it must 
meet the requirements under the definition for ``zero air material'' in 
40 CFR 72.2. The calibration gas must not be used after its expiration 
date. Except for applications under part 75 of this chapter, it is 
acceptable to prepare calibration gas mixtures from EPA Traceability 
Protocol gases in accordance with Method 205 in appendix M to part 51 
of this chapter. For part 75 applications, the use of Method 205 is 
subject to the approval of the Administrator. The goal and 
recommendation for selecting calibration gases is to bracket the sample 
concentrations. The following calibration gas concentrations are 
* * * * *
    8.1.2 Determination of Stratification. Perform a stratification 
test at each test site to determine the appropriate number of sample 
traverse points. If testing for multiple pollutants or diluents at the 
same site, a stratification test using only one pollutant or diluent 
satisfies this requirement. A stratification test is not required for 
small stacks that are less than 4 inches in diameter. To test for 
stratification, use a probe of appropriate length to measure the 
NOX (or pollutant of interest) concentration at twelve 
traverse points located according to Table 1-1 or Table 1-2 of Method 
1. Alternatively, you may measure at three points on a line passing 
through the centroidal area. Space the three points at 16.7, 50.0, and 
83.3 percent of the measurement line. Sample for a minimum of twice the 
system response time (see Section 8.2.6) at each traverse point. 
Calculate the individual point and mean NOX concentrations. 
If the concentration at each traverse point differs from the mean 
concentration for all traverse points by no more than: (a)  
5.0 percent of the mean concentration; or (b)  0.5 ppm 
(whichever is less restrictive), the gas stream is considered 
unstratified and you may collect samples from a single point that most 
closely matches the mean. If the 5.0 percent or 0.5 ppm criterion is 
not met, but the concentration at each traverse point differs from the 

[[Page 25668]]

concentration for all traverse points by no more than: (a)  
10.0 percent of the mean; or (b)  1.0 ppm (whichever is 
less restrictive), the gas stream is considered to be minimally 
stratified, and you may take samples from three points. Space the three 
points at 16.7, 50.0, and 83.3 percent of the measurement line. 
Alternatively, if a twelve-point stratification test was performed and 
the emissions were shown to be minimally stratified (all points within 
 10.0 percent of their mean or within  1.0 
ppm), and if the stack diameter (or equivalent diameter, for a 
rectangular stack or duct) is greater than 2.4 meters (7.8 ft), then 
you may use 3-point sampling and locate the three points along the 
measurement line exhibiting the highest average concentration during 
the stratification test, at 0.4, 1.0 and 2.0 meters from the stack or 
duct wall. If the gas stream is found to be stratified because the 10.0 
percent or 1.0 ppm criterion for a 3-point test is not met, locate 
twelve traverse points for the test in accordance with Table 1-1 or 
Table 1-2 of Method 1.
* * * * *
    8.2.1 Calibration Gas Verification. How must I verify the 
concentrations of my calibration gases? Obtain a certificate from the 
gas manufacturer documenting the quality of the gas. Confirm that the 
manufacturer certification is complete and current. Ensure that your 
calibration gas certifications have not expired. This documentation 
should be available on-site for inspection. To the extent practicable, 
select a high-level gas concentration that will result in the measured 
emissions being between 20 and 100 percent of the calibration span.
* * * * *
    8.2.4 NO2 to NO Conversion Efficiency Test. Before or 
after each field test, you must conduct an NO2 to NO 
conversion efficiency test if your system converts NO2 to NO 
before analyzing for NOX. You may risk testing multiple 
facilities before performing this test provided you pass this test at 
the conclusion of the final facility test. A failed final conversion 
efficiency test in this case will invalidate all tests performed 
subsequent to the test in which the converter efficiency test was 
passed. Follow the procedures in Section, or If 
desired, the converter efficiency factor derived from this test may be 
used to correct the test results for converter efficiency if the 
NO2 fraction in the measured test gas is known. Use Equation 
7E-8 in Section 12.8 for this correction.
* * * * *
    9.0 Quality Control * * *

                                             Summary Table of AQ/QC
                                     Process or           QA/QC                                     Checking
             Status                   element         specification      Acceptance criteria       frequency
S..............................  Identify Data                         Regulatory Agency or    Before designing
                                  User.                                 other primary end       test.
                                                                        user of data.
S..............................  Analyzer Design..  Analyzer           < 2.0% of full-scale    Manufacturer
                                                     resolution or      range.                  design.
M..............................                     Interference gas   Sum of responses <=
                                                     check.             2.5% of calibration
                                                                        span Alternatively,
                                                                        sum of responses:
                                                                       <= 0.5 ppmv for
                                                                        calibration spans of
                                                                        5 to 10 ppmv.
                                                                       <= 0.2 ppmv for
                                                                        calibration spans < 5
                                                                       See Table 7E-3........
M..............................  Calibration Gases  Traceability       Valid certificate
                                                     protocol (G1,      required Uncertainty
                                                     G2).               <= 2.0% of tag value.
M..............................                     High-level gas...  Equal to the            Each test.
                                                                        calibration span.
M..............................                     Mid-level gas....  40 to 60% of            Each test.
                                                                        calibration span.
M..............................                     Low-level gas....  < 20% of calibration    Each test.
S..............................  Data Recorder      Data resolution..  <= 0.5% of full-scale   Manufacturer
                                  Design.                               range.                  design.
S..............................  Sample Extraction  Probe material...  SS or quartz if stack   East test.
                                                                        > 500[deg] F.
M..............................  Sample Extraction  Probe, filter and  For dry-basis           Each run.
                                                     sample line        analyzers, keep
                                                     temperature.       sample above the dew
                                                                        point by heating,
                                                                        prior to sample
                                                                       For wet-basis
                                                                        analyzers, keep
                                                                        sample above dew
                                                                        point at all times,
                                                                        by heating or
S..............................  Sample Extraction  Calibration valve  SS....................  Each test.
S..............................  Sample Extraction  Sample pump        Inert to sample         Each test.
                                                     material.          constituents.
S..............................  Sample Extraction  Manifolding        Inert to sample         Each test.
                                                     material.          constituents.
S..............................  Moisture Removal.  Equipment          < 5% target compound    Verified through
                                                     efficiency.        removal.                system bias
S..............................  Particulate        Filter inertness.  Pass system bias check  Each bias check.
M..............................  Analyzer &         Analyzer           Within      Before initial
                                  Calibration Gas    calibration        2.0 percent of the      run and after a
                                  Performance.       error (of 3-       calibration span of     failed system
                                                     point system       the analyzer for the    bias test or
                                                     calibration        low-, mid-, and high-   drift test.
                                                     error for          level calibration
                                                     dilution           gases.
                                                                        specification: <= 0.5
                                                                        ppmv absolute
M..............................  System             System bias (or    Within      Before and after
                                  Performance.       pre- and post-     5.0% of the analyzer    each run.
                                                     run 2-point        calibration span for
                                                     system             low-sacle and upscale
                                                     calibration        calibration gases.
                                                     error for
                                                                        specification: <= 0.5
                                                                        ppmv absolute
M..............................  System             System response    Determines minimum      During initial
                                  Performance.       time.              sampling time per       sampling system
                                                                        point.                  bias test.
M..............................  System             Drift............  <= 3.0% of calibration  After each test
                                  Performance.                          span for low-level      run.
                                                                        and mid- or high-
                                                                        level gases.

[[Page 25669]]

                                                                        specification: <= 0.5
                                                                        ppmv absolute
M..............................  System             NO2-NO conversion  >= 90% of certified     Before or after
                                  Performance.       efficiency.        test gas                each test.
M..............................  System             Purge time.......  >= 2 times system       Before starting
                                  Performance.                          response time.          the first run
                                                                                                and when probe
                                                                                                is removed from
                                                                                                and re-inserted
                                                                                                into the stack.
M..............................  System             Minimum sample     Two times the system    Each sample
                                  Performance.       time at each       response time.          point.
M..............................  System             Stable sample      Within 10% of flow      Each run.
                                  Performance.       flow rate          rate established
                                                     (surrogate for     during system
                                                     maintaining        response time check.
                                                     system response
M..............................  Sample Point       Stratification     All points within:      Prior to first
                                  Selection.         test.                                      run.
                                                                        5% of
                                                                        mean for 1-point
                                                                        10% of
                                                                        mean for 3-point.
                                                                       Alternatively, all
                                                                        points within:
                                                                        0.5 ppm
                                                                        of mean for 1-point
                                                                        1.0 ppm
                                                                        of mean for 3-point
A..............................  Multiple sample    No. of openings    Multi-hole probe with   Each run.
                                  points             in probe.          verifiable constant
                                  simultaneously.                       flow through all
                                                                        holes within 10% of
                                                                        mean flow rate
                                                                        approval for Part 75).
M..............................  Data Recording...  Frequency........  <= 1 minute average...  During run.
S..............................  Data Parameters..  Sample             All 1-minute averages   Each run.
                                                     concentration      within calibration
                                                     range.             span.
M..............................  Date Parameters..  Average            Run average <=          Each run.
                                                     concentration      calibration span.
                                                     for the run.
S = Suggest.
M = Mandatory.
A = Alternative.

* * * * *
    12.11 Calculated Spike Gas Concentration and Spike Recovery for the 
Example Alternative Dynamic Spiking Procedure in Section 16.1.3. Use 
Equation 7E-11 to determine the calculated spike gas concentration. Use 
Equation 7E-12 to calculate the spike recovery.


* * * * *
    16.2.2 Tedlar Bag Procedure. Perform the analyzer calibration error 
test to document the calibration (both NO and NOX modes, as 
applicable). Fill a Tedlar bag approximately half full with either 
ambient air, pure oxygen, or an oxygen standard gas with at least 19.5 
percent by volume oxygen content. Fill the remainder of the bag with 
mid- to high-level NO in N2 (or other appropriate 
concentration) calibration gas. (Note that the concentration of the NO 
standard should be sufficiently high enough for the diluted 
concentration to be easily and accurately measured on the scale used. 
The size of the bag should be large enough to accommodate the procedure 
and time required.)
    (1) Immediately attach the bag to the inlet of the NOX 
analyzer (or external converter if used). In the case of a dilution-
system, introduce the gas at a point upstream of the dilution assembly. 
Measure the NOX concentration for a period of 30 minutes. If 
the NOX concentration drops more than 2 percent absolute 
from the peak value observed, then the NO2 converter has 
failed to meet the criteria of this test. Take corrective action. The 
highest NOX value observed is considered to be 
NOXPeak. The final NOX value observed is 
considered to be NOXfinal.
    (2) [Reserved]
* * * * *
[FR Doc. E9-12565 Filed 5-28-09; 8:45 am]