[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Rules and Regulations]
[Pages 18452-18453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07238]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2010-0114; FRL-9908-99-OAR]
RIN 2060-AQ01


Revisions To Test Methods and Testing Regulations; Technical 
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: The Environmental Protection Agency (EPA) published a final 
rule in the Federal Register on February 27, 2014, that made technical 
and editorial corrections for source testing of emissions and 
operations. The revisions will improve data quality and provide 
additional flexibility by allowing the use of newly approved 
alternative procedures. The purpose of this action is to correct an 
omission to Method 202.

DATES: This technical amendment is effective on April 2, 2014.

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

SUPPLEMENTARY INFORMATION: 

I. Summary of Amendment

    This action corrects a publication error for Method 202. Two 
paragraphs, namely 11.2.1.1 and 11.2.1.2, were inadvertently omitted 
from Method 202 in the promulgated rule. This action inserts paragraphs 
11.2.1.1 and 11.2.1.2 and adds a transition statement in paragraph 
11.2.1 that indicates if the sample was collected by Method 202, 
extract the CPM filter as indicated in paragraphs 11.2.1.1 and 
11.2.1.2.
    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 amendment final without 
prior proposal and opportunity for public 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, and 
Executive Order 13563, Improving Regulation and Regulatory 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 amendment does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Because the 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 I), 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 amendment 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 amendment 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 amendment does not involve special consideration of

[[Page 18453]]

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 determination 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 United States. 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 determination must be supported by a brief 
statement, 5 U.S.C. 808(2). As stated previously, the EPA has made such 
a good cause finding, including the reasons, and therefore established 
an effective date of April 2, 2014. 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). This action will be effective April 2, 2014.
    This technical amendment 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 amendment 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 Parts 51

    Air pollution control, Environmental protection, Performance 
specifications, and Test methods and procedures.

    Dated: March 24, 2014.
Janet G. McCabe,
Acting Assistant Administrator.

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

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
2. Amend appendix M to part 51 under 11.0 Analytical Procedures by 
revising paragraph 11.2.1 and adding paragraphs 11.2.1.1 and 11.2.1.2 
to read as follows:

Appendix M to Part 51--Recommended Test Methods for State 
Implementation Plans

* * * * *
    11.2.1 Container 3, CPM Filter Sample. If the sample 
was collected by Method 17 or Method 201A with a stack temperature 
below 30 [deg]C (85[emsp14][deg]F), transfer the filter and any 
loose PM from the sample container to a tared glass weighing dish. 
(See Section 3.0 for a definition of constant weight.) Desiccate the 
sample for 24 hours in a desiccator containing anhydrous calcium 
sulfate. Weigh to a constant weight and report the results to the 
nearest 0.1 mg. [Note: In-stack filter samples collected at 30 
[deg]C (85[emsp14][deg]F) may include both filterable insoluble 
particulate and condensable particulate. The nozzle and front half 
wash and filter collected at or below 30 [deg]C (85[emsp14][deg]F) 
may not be heated and must be maintained at or below 30 [deg]C 
(85[emsp14][deg]F).] If the sample was collected by Method 202, 
extract the CPM filter as follows:
    11.2.1.1 Extract the water soluble (aqueous or inorganic) CPM 
from the CPM filter by folding the filter in quarters and placing it 
into a 50-ml extraction tube. Add sufficient deionized, ultra-
filtered water to cover the filter (e.g., 10 ml of water). Place the 
extractor tube into a sonication bath and extract the water-soluble 
material for a minimum of two minutes. Combine the aqueous extract 
with the contents of Container 1. Repeat this extraction 
step twice for a total of three extractions.
    11.2.1.2 Extract the organic soluble CPM from the CPM filter by 
adding sufficient hexane to cover the filter (e.g., 10 ml of 
hexane). Place the extractor tube into a sonication bath and extract 
the organic soluble material for a minimum of two minutes. Combine 
the organic extract with the contents of Container 2. 
Repeat this extraction step twice for a total of three extractions.
* * * * *
[FR Doc. 2014-07238 Filed 4-1-14; 8:45 am]
BILLING CODE 6560-50-P