[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Proposed Rules]
[Pages 8209-8211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3378]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2010-0873; FRL-9630-8]
RIN 2060-AH23


Quality Assurance Requirements for Continuous Opacity Monitoring 
Systems at Stationary Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to establish quality assurance and 
quality control (QA/QC) procedures for continuous opacity monitoring 
systems (COMS) used to demonstrate continuous compliance with opacity 
standards as specified in federally enforceable regulations. This 
action is necessary because we do not currently have QA/QC procedures 
for COMS. This action would require COMS used to demonstrate continuous 
compliance to meet these procedures (referred to as Procedure 3).

DATES: Written comments must be received by March 15, 2012. If the EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0873 by mail to U.S. Environmental Protection Agency, Mail 
Code: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Please 
include a total of two copies. Comments may also be submitted 
electronically or through hand delivery/courier by following the 
detailed instructions in the ADDRESSES section of the direct final rule 
located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Ms. Lula H. Melton, U.S. EPA, Office 
of Air Quality Planning and Standards, Air Quality Assessment Division, 
Measurement Technology Group (Mail Code: E143-02), Research Triangle 
Park, NC 27711; telephone number: (919) 541-2910; fax number: (919) 
541-0516; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Why is the EPA issuing this proposed rule?

    This document proposes to add QA/QC procedures for COMS used to 
demonstrate continuous compliance with opacity standards as specified 
in federally enforceable regulations. The quality assurance 
requirements will be added as Procedure 3 to Appendix F of 40 CFR part 
60. We have published a direct final rule adding QA/QC procedures for 
COMS used for compliance determination with opacity standards in 
federally enforceable standards to the quality assurance requirements 
in Appendix F of 40 CFR Part 60 in the ``Rules and Regulations'' 
section of this Federal Register because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule, and it will not take effect. We would address 
all public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    Procedure 3 applies to a COMS used to demonstrate continuous 
compliance with opacity standards as specified in federally enforceable 
regulations.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735,

[[Page 8210]]

October 4, 1993) and is therefore not subject to review under Executive 
Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). These quality assurance 
procedures do not add information collection requirements beyond those 
currently required under the applicable regulations.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of accessing the impacts of this rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any requirements on small entities. This 
action establishes QA/QC procedures for COMS used to demonstrate 
continuous compliance with opacity standards as specified in federally 
enforceable regulations and does not impose additional regulatory 
requirements on sources. We continue to be interested in the potential 
impacts of the proposed rule on small entities and welcome comments on 
issues related to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a federal mandate that may result in 
expenditures of $100 million or more for State, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
Rules establishing quality assurance requirements impose no costs 
independent from national emission standards which require their use, 
and such costs are fully reflected in the regulatory impact assessment 
for those emission standards. Thus, this rule is not subject to the 
requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This action simply 
establishes QA/QC procedures for COMS used to demonstrate continuous 
compliance with opacity standards as specified in federally enforceable 
regulations.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, 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. This action establishes QA/QC 
procedures for COMS used to demonstrate continuous compliance with 
opacity standards as specified in federally enforceable regulations. 
Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action 
establishes QA/QC procedures for COMS used to demonstrate continuous 
compliance with opacity standards as specified in federally enforceable 
regulations. It does not add any emission limits and does not affect 
pollutant emissions or air quality. Thus, Executive Order 13175 does 
not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as 
applying only to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the EO 
has the potential to influence the regulation. This action is not 
subject to EO 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, the EPA is not considering the use of any voluntary 
consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This rule does not relax the control measures on sources 
regulated by the rule and, therefore, will not cause emissions 
increases from these sources.

[[Page 8211]]

Quality Assurance Requirements for Continuous Opacity Monitoring 
Systems at Stationary Sources

List of Subjects in 40 CFR Part 60

    Air pollution control, Environmental protection, Continuous opacity 
monitoring.

    Dated: February 6, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-3378 Filed 2-13-12; 8:45 am]
BILLING CODE 6560-50-P