[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 28195-28200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11750]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 75
[FRL-6007-7]
RIN 2060-AH64
Acid Rain Program: Determinations under EPA Study of Bias Test
and Relative Accuracy and Availability Analysis
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed determinations and proposed rulemakings.
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SUMMARY: Title IV of the Clean Air Act Amendments of 1990 (the Act)
authorizes EPA to establish a program to reduce the adverse effects of
acidic deposition. The Act requires electric utilities affected by the
Acid Rain Program to install continuous emission monitoring systems
(CEMS) to measure emissions of sulfur dioxide (SO2),
nitrogen oxides (NOX), and carbon dioxide (CO2).
On January 11, 1993, Continuous Emission Monitoring regulations were
published. They established procedures and requirements for installing,
certifying, operating, and quality assuring CEMS at Acid Rain affected
utility units. In response to comments and litigation from
representatives of the electric utility industry and environmental
advocacy groups, provisions were incorporated in the CEMS regulations
requiring EPA to conduct studies, reach determinations, and, if
necessary, initiate rulemakings on the appropriateness of retaining or
revising three elements in the CEMS regulations: the bias test,
relative accuracy test, and the availability trigger conditions of the
Missing Data Substitution Procedure. This Notice of Proposed Rulemaking
presents EPA's proposed determinations and consequent proposed rule
revisions.
DATES: Comments. Comments on the proposed determinations and rule
revisions must be received on or before July 6, 1998.
Public Hearing. Anyone requiring a public hearing must contact EPA
no later than June 1, 1998. If a hearing is held, it will take place
June 5, 1998, beginning at 10:00 a.m.
ADDRESSES: Comments. All written comment must be identified with the
appropriate docket number (Docket No. A-97-56) and must be submitted in
duplicate to EPA Air Docket Section (6102), Waterside Mall, Room M1500,
1st Floor, 401 M Street, SW, Washington, D.C. 20460.
Public Hearing. If a public hearing is requested, it will be held
at the Environmental Protection Agency, 401 M Street, SW, Washington,
D.C. 20460, in the Education Center Auditorium. Refer to the Acid Rain
homepage at www.epa.gov/acidrain for more information or to determine
if a public hearing has been requested and will be held.
Docket. Docket No. A-97-56, containing supporting information used
to develop the proposed determinations and rule revisions is available
for public inspection and copying from 8:00 a.m. to 5:30 p.m., Monday
through Friday, excluding legal holidays, at EPA's Air Docket Section
at the above address.
FOR FURTHER INFORMATION CONTACT: Elliot Lieberman at (202) 564 9136,
Acid Rain Division (6204J), U.S. Environmental Protection Agency, 401 M
St., S.W., Washington, D.C. 20460; or the Acid Rain Hotline at (202)
564 9620. Electronic copies of this notice and technical support
documents can be accessed through the Acid Rain Division website at
http://www.epa.gov/acidrain.
SUPPLEMENTARY INFORMATION:
I. EPA Studies Under 40 CFR 75.7
A. Background
B. Collaborative Field Study
C. Certification Test Study
D. Proposed Findings and Conclusions
II. EPA Analyses in Response to 40 CFR 75.8
A. Background
B. Relative Accuracy
C. Availability Trigger Conditions for Missing Data Substitution
Procedure
III. Proposed Rule Revisions
IV. Administrative Requirements
A. Executive Order 12866
B. Unfunded Mandates Act
C. Paperwork Reduction Act
D. Regulatory Flexibility
I. EPA Studies Under 40 CFR 75.7
A. Background
To ensure a consistent level of precision and accuracy in the
emission measurements obtained across the Acid Rain Program, Part 75 of
the Acid Rain regulations requires a series of performance tests to be
conducted on each CEMS both at initial certification and periodically
thereafter. Among the required performance tests is the relative
accuracy test audit (RATA) in which a minimum of nine simultaneous
measurements are taken from a unit's installed CEMS and an EPA approved
reference method. The paired RATA data are then subjected to two
statistical tests: The relative accuracy test, which establishes the
degree of accuracy of the CEMS relative to the reference method; and
the bias test, which uses a t-statistic to determine if the CEMS
measurements are consistently lower than the reference method
measurements. See 40 CFR Part 75, Appendix A and B.
As stated in the preamble of the January 1993 regulations, EPA
found that ``both statistical theory and field test results show that
the bias test is a sound and effective statistical procedure for
detecting consistent measurement error in the long-term operation of a
CEMS'' (58 FR 3590, 3627 (1993)). However, at the time of promulgation
of the Acid Rain regulations, although utilities had extensive
experience with the relative accuracy test, they had virtually no
previous experience with the bias test. This unfamiliarity led to
several concerns with the bias test. Thus, the January 1993 regulations
committed EPA to conduct field studies to determine ``whether there are
statistically significant variances'' in the EPA-approved reference
methods that utilities use to test the performance of the CEMS
installed under the Acid Rain Program and ``whether the bias test
should be adjusted to compensate for statistical variances in the
reference method'' (58 FR 3628).
In particular, EPA was required to:
1. Investigate whether there are statistically significant
variances in the EPA reference methods (Issue #1);
2. Distinguish between the variability in reference monitor
readings attributable to measurement error and the variability due to
the choice of reference monitor among those certified by the Agency
(Issue #2);
3. Investigate possible differences in bias test failure rates by
emission levels (Issue #3); and
4. Assess whether any adjustments are necessary to properly
determine measurement bias (Issue #4).
The regulations called for the completion of a study addressing
these issues by October 31, 1993. In response, EPA conducted two
studies. The first was a collaborative field study, involving four
independent reference method test teams, at Big Rivers Electric
Corporation's Green Generating Station, Unit 2, in Sebree, Kentucky.
This location was specifically selected for testing because its
relatively low range of SO2 emission concentrations (from 56
ppm to 231 ppm) would allow EPA to examine bias test failure rates at
SO2 emission levels different from those prevailing in
previous field studies and consider an industry concern that
[[Page 28196]]
contradictory bias test results were more likely to occur at low, than
at high, emission concentrations. Field work for this study was
completed from August 16-31, 1993. Separate data summary (Docket Item,
A-97-56, II-A-1) and statistical analyses reports summary (Docket Item,
A-97-56, II-A-2) were completed in March 1994 and September 1996
respectively.
The second study involved collection and analysis of bias test
results from the field tests conducted by affected units under Part 75
for certification of their CEMS. The certification test data, including
the bias test, were submitted to EPA from November 1993 to September
1996. The study results reported here (and contained in Docket Item, A-
97-56, II-A-3) were available in 1997 only after the CEMS at the
majority of both Phase I and Phase II (lower emitting) units had been
received and certified by EPA.
B. Collaborative Field Study
In the collaborative field study at Unit 2 of Big Rivers Electric
Corporation's Green Generating Station (``Green Unit 2''), four labs
(i.e., test teams) simultaneously performed Reference Methods 6C (for
SO2), 7E (for NOX), and 3A (for CO2).
To test the two general monitoring technologies available for
performing the reference methods, two of the teams used ``wet-basis''
sampling techniques and two used ``dry-basis'' techniques. In the
``wet-basis'' sampling techniques, a dilution probe is used to extract
a diluted sample of the effluent from the stack gas. The diluted gas
sample is then analyzed using an ambient-level analyzer (e.g., pulsed
fluorescence for SO2, chemiluminescence for NOX,
and infrared absorption for CO2), which does not require
removal of moisture from the gas sample. In the ``dry-basis'' sampling
techniques, a gas sample is extracted from the effluent stream without
dilution. Moisture is condensed from the gas sample and the resulting
dry sample is then analyzed using a source-level analyzer (infrared or
ultraviolet for SO2, chemiluminescence for NOX,
and infrared for CO2).
Seventy-two runs of usable data (out of 76 total runs) were
collected by the four labs. Concurrent measurements were also collected
from Green Unit 2's SO2, NOX, and CO2
continuous emissions monitoring systems, previously certified under the
Acid Rain Program. On 36 of the runs, each lab and the unit's CEMS used
separate calibration gases as required under 40 CFR Part 75. On the
other 36 runs, all labs and the plant's CEMS shared common gases when
calibrating.
Issues #1 and #2 involve evaluation of the sources of variability
inherent in EPA's reference methods. In the consideration of these two
issues only the reference method measurements were analyzed, not the
unit's CEMS. Issues #3 and #4 involve a comparison of the CEMS and the
reference method measurements to determine if bias (systematic error)
is detected in the CEMS measurement. In the consideration of these two
issues, the unit's CEMS measurements were paired with each of the four
lab's concurrent reference method measurements. This produced four sets
of concurrent Relative Accuracy Test Audits (RATA's) which could be
used in evaluating bias test result consistency across the four labs.
To address the first two issues concerning the sources and extent
of variability inherent in the reference methods, the collaborative
field study employed an experimental design (technically known as a
``randomized complete block design'') which allowed the quantification
of the relative variability associated with (i) among-laboratory
variation, (ii) variation between monitoring technologies (i.e., ``wet-
basis'' or ``dry-basis'' sampling techniques), (iii) the variability
associated with different calibration gas scenarios (i.e., separate or
shared calibration gases), and (iv) random error.
Applying an analysis of variance (ANOVA) statistical procedure to
the field study data, EPA found that the overall variation in the
reference methods, considering all the monitoring technologies and
calibration gas scenarios, was 2.93%RSD (Relative Standard Deviation)
for SO2, 2.01%RSD for NOX, and 1.59%RSD for
CO2. Reference method variations below approximately 3%RSD
are consistent with the findings of an earlier collaborative field
study, reported in Docket Item, A-97-56, II-A-5, where variations of
1.4%RSD and 2.9%RSD were found for SO2 and NOX
respectively. (The variation for CO2 is not available from
the earlier study since that study did not include CO2
reference method measurements.) Based on these findings, with respect
to Issue #1 EPA believes that the statistically significant variances
in the EPA reference methods are small.
The analysis in the most recent collaborative study also revealed
that the range in the Relative Standard Deviation due to the choice of
reference method monitor (i.e., different analyzers using ``wet-basis''
or ``dry-basis'' technology) among allowable reference method
technologies was very small (below 1%RSD) whether the labs used
separate or shared calibration gases. Consequently, EPA believes with
respect to Issue #2 that the variability due to the choice of reference
method monitor among those available is very small.
As noted earlier, Issues #3 and #4 require consideration of
simultaneous measurements by the unit's CEMS along with the four test
labs. To respond to Issue #3, concerning the consistency of the bias
test results, the field test data were analyzed to determine how much
agreement was found among the four labs as to whether the CEM was
biased or not biased when current provisions of Part 75 are followed.
In particular, the consistency in bias test results was evaluated by
counting the number of concurrent RATA's in which agreement among the
four test teams was 100% (all four labs agree), 75% (three out of four
labs agree) and 50% (two labs find bias and two find no bias). For each
pollutant there was never less than 75% agreement among the test teams
when the reference methods and the installed CEMS were each calibrated
using independently selected calibration gases, as is required under 40
CFR Part 75. For NOX and CO2 there was always
100% agreement. For SO2 there was 100% agreement in bias
test results in more than 76% of the concurrent RATA's.
These test results lead EPA to believe that even at a site
exhibiting low SO2 emission concentrations, there is a high
degree of consistency in bias test results.
C. Certification Test Study
To respond further to Issue #3, EPA analyzed the consistency in
bias test results across the universe of affected units, by conducting
a study of the bias test results for all CEMS for which certification
tests data were submitted under Part 75 between November 1993 and
September 1996. To see how test results were affected by emission
levels, the pass/fail rates at different concentrations
(SO2) and emission rates (NOX) were compared for
1023 SO2 and 1293 NOX bias tests submitted under
the Acid Rain Program. This analysis was not performed on
CO2 monitors, because under Part 75 units are not required
to perform the bias test on their CO2 monitors.
Grouping monitors according to the average concentration level (for
SO2 CEMS) and average emission rate (for NOX
CEMS), reported by the CEMS during the RATA, the pass/fail rates were
plotted at regular increasing SO2 emission concentration
levels and NOX emission rates. The resulting graphs revealed
that the percentage of passes and fails remained relatively consistent
[[Page 28197]]
across concentration and emission rate categories. For example, for all
SO2 monitors, 73% (750 out of a total of 1023 monitors)
passed the bias test. Assigning each tested monitor to one of fourteen
100 ppm categories, beginning at 0-100 ppm and ending at above 1300
ppm, showed that the percent of passing monitors in all but three of
the concentration categories fell between 70 and 90%. The three
categories whose passing rates were outside this range were 400-500 ppm
(56% passing), 600-700 ppm (69%), and above 1300 ppm (63%). Thus, there
was little or no apparent correlation between concentration level and
bias test failure rates.
The graphical analysis for SO2 monitors was confirmed by
calculation of the r-squared value for the data. The r-squared value is
a measure of the strength of the linear relationship between two data
sets. R-squared can take on values from zero to one. A high r-squared
value, i.e., closer to 1 than to 0, would suggest that the bias test
pass/fail rate is highly correlated with the emission concentration
level, e.g., that bias test failure is more likely with low emission
concentration as suggested by utilities. A low r-squared value, i.e.,
closer to 0 than to 1, would suggest the absence of correlation between
the bias pass/fail rate and the emission concentration level. For the
plotted SO2 data, the r-squared value was low: 0.0109.
The same graphical and statistical analysis was performed on the
certification test data submitted for NOX CEMS. Bias test
pass/fail rates for 1293 NOX monitors were divided into
sixteen 0.1 lb/mmBTU categories. Considering all these categories, 67%
(866 out of a total of 1293 monitors) passed the bias test. A plot of
the data by emission category showed the bias test passing rate fell
between 65% and 85% in all but of 3 of the 16 NOX emission
categories. The three emission rate categories whose passing rates were
outside this range were not correlated to the measured NOX
emission rate: 0.1-0.2 lb/mmBTU (47% passing), 0.4-0.5 lb/mmBTU (59%),
and 1.4-1.5 lb/mmBTU (50%). Again, there was little or no apparent
correlation between bias test pass/fail rates and emission rate, and
this was confirmed by the statistical analysis. The r-squared value for
the NOX data was low: 0.1109.
Thus, the graphical and statistical analysis performed in the
certification test study indicates consistent bias test results across
emission levels.
D. Proposed Findings and Conclusions
Based on the analyses performed to address Issues #1-3 in the
collaborative and certification field studies, EPA considered Issue #4,
concerning the necessity and feasibility of adjustments to the bias
test. EPA currently believes that the small variability in the
reference methods (less than 3%RSD across all gas scenarios and monitor
technologies) indicates that there is very low probability that a
continuous emission monitoring system will fail the bias test for
reasons other than the presence of true measurement bias in the CEMS.
The high level of consistency in bias test results seems to support
this view.
Based on these studies, EPA proposes to find that:
1. The variability attributable to measurement error and to the
choice of reference monitor technology in the Agency's approved test
methods for SO2, NOX, and CO2 is low
(below 3.0% Relative Standard Deviation).
2. Differences in measurement variability among different allowable
reference method technologies are small (below 1.0% RSD).
3. There is a high occurrence of consistency in bias test results.
4. There is no evidence that bias test failure rates are
significantly influenced by emission levels.
Documentation of these proposed findings can be found in four
docket items: A Collaborative Field Evaluation of EPA Test Methods 6C,
7E, and 3A (March 1994) (Docket Item, A-97-56, II-A-1) gives a detailed
description of the collaborative field test activities, site
characteristics, and equipment employed, presents data obtained in the
field study, and discusses preliminary findings on the variability of
the reference methods. A second report, An Operator's Guide to
Eliminating Bias in CEM System (November 1994) (Docket Item, A-97-56,
II-A-6) is an independent technical guidance document advising
environmental technicians on procedures for detecting and correcting
engineering problems that could produce measurement bias in CEM
systems. A third report, Statistical Analysis of Reference Method
Variability and Bias Test Consistency in the Collaborative Field Study
of EPA Test Methods 6C, 7E, and 3A at Big Rivers Electric Corporation,
Green Generating Station, Unit 2 (September 1996) ((Docket Item, A-97-
56, II-A-2), focuses on the analysis of the collaborative study field
data, reports the results of this analysis with respect to the four
issues that the study was designed to address, and, based on this
analysis, makes recommendations concerning whether adjustments are
needed to the bias test. Finally, the graphs and supporting data from
the certification test study can be found in ``Bias Test Pass/Fail
Rates at Different SO2 and NOX Emission Levels as
Reported in Certification Relative Accuracy Test Audits (RATA's)
submitted through September 1996 under 40 CFR Part 75.'' (December
1997) (Docket Items, A-97-56, II-A-3 and II-A-4).
Based on the proposed findings enumerated above, EPA proposes to
determine that adjustments to the equations in the bias test are
technically unnecessary to properly determine measurement bias. EPA
therefore proposes not to initiate a rulemaking to change the bias test
under Sec. 75.7.
II. EPA Analyses in Response to 40 CFR 75.8
A. Background
In accordance with a settlement agreement, signed on April 17, 1995
in Environmental Defense Fund v. Browner, No. 93-1203 and consolidated
cases (D.C. Cir., 1993), which addressed various CEMS issues, Sec. 75.8
was adopted as part of the direct final rule, dated May 17, 1995,
amending the January 11, 1993 rule's CEM provisions. Section 75.8
required EPA to evaluate the appropriateness of the current relative
accuracy and availability trigger conditions for missing data
substitution for SO2, NOX, and CO2
CEMS and flow monitors. This evaluation was to be based on initial
certification test data and quarterly report data for the 1993-1996
period. Using the evaluation, EPA was to determine whether to retain
the current specifications or propose alternative performance
specifications. A report evaluating this data was to be prepared by
July 1, 1997, and EPA is to issue either a notice determining that the
current rule provisions are appropriate or a notice proposing
revisions. Any proposal revising the current rule is to be issued by
October 31, 1997 and finalized by October 31, 1998. The results of
EPA's evaluations of the current relative accuracy and availability
trigger conditions are described below.
B. Relative Accuracy
Relative accuracy is a statistical indicator of how closely the
measurements by an installed CEM approximate those obtained by a
concurrently used EPA reference method during a 9-12 run field
demonstration (known as the relative accuracy test audit (RATA)) that
must
[[Page 28198]]
be performed periodically for each CEMS under Part 75. Relative
accuracy is expressed as a percent deviation of the CEMS results from
the reference method results. The lower the relative accuracy value for
a CEMS, the closer its measurements are to the reference method. Under
40 CFR Part 75, Appendix A, Sec. 3, and Appendix B, Sec. 2.3.1, all
SO2, NOX, and CO2 CEMS are required to
have in a RATA a relative accuracy of 10%. Those that have a superior
relative accuracy of 7.5% or less have one year to undergo their next
RATA. Those that have a relative accuracy equal to or less than the
required 10% but greater than 7.5% must undergo their next RATA within
six months. The tighter specification of 7.5% is referred to as the
``reduced frequency standard,'' while the 10% specification is known as
the ``normal frequency standard.'' For flow monitors the normal
frequency standard is 15%, while the reduced frequency standard is 10%.
On January 1, 2000 the normal and reduced frequency standards for flow
monitors will be lowered to correspond to the standards for the
pollutant CEMS, i.e., 10% and 7.5% respectively.
The evaluation of initial certification test data submitted for
1993-1996 showed that the average relative accuracy was 3.42% for the
965 SO2 CEMS installed under the Acid Rain Program, 3.62%
for 1272 NOX CEMS, 3.28% for 1097 CO2 CEMS., and
6.88% for 1070 flow monitors. This means that for all pollutants and
flow, the average relative accuracy was below the reduced frequency
standard. Furthermore, 91.3% of all SO2 CEMS, 94.1% of all
NOx CEMS, 96.3% of all CO2 CEMS, and 91.9% of all flow
monitors met their respective reduced frequency standard. See Docket
Item, A-97-56, II-A-7 for a complete analysis of the certification test
relative accuracy results.
A similar evaluation was performed on the relative accuracy test
results reported in quarterly reports for the 1994-1996 period. This
analysis showed that the average relative accuracy over the three years
of data was 3.49% on 2802 SO2 RATAs, 3.67% on 3935
NOX RATAs, 3.06% on 2736 CO2 RATAs, and 5.78% on
3019 flow RATAs. Like the certification test results, the data in the
quarterly reports indicate that for each type of monitor, the average
relative accuracy was below the reduced frequency standard. In
addition, on 96.2% of the SO2 RATAs, 96.0% of the
NOX RATAs, 97.9% of the CO2 RATAs, and 93.5% of
flow RATAs, the monitors met their respective reduced frequency
standard. A complete analysis of the quarterly report relative accuracy
test results can be found in Docket Item, A-97-56, II-A-8.
The relative accuracy test results obtained by these installed CEMS
imply that no appreciable improvement in achieved relative accuracies
could be expected unless the relative accuracy standard were brought
down to or below these currently achieved average relative accuracies.
However, studies cited above (Docket Item, A-97-56, II-A-2 and II-A-5)
of the variability of the reference methods for SO2,
NOX, and CO2 suggest that such reduced relative
accuracy standards might be beyond the technological limits of current
monitoring technology since they approach the variability inherent in
the reference methods themselves. Thus, tightening the relative
accuracy standards further for these CEMS is unlikely to produce a
corresponding improvement in the achievable relative accuracy.
Moreover, the existing regulations already provide that the normal
and reduced frequency relative accuracy standards for flow monitors
will be tightened to the same levels as for the other CEMS beginning in
the year 2000. In light of the already low average relative accuracy
(reflecting high monitor accuracy) for flow monitors, there is little
or no basis at this time for concluding that any further tightening
would be appropriate. In addition, EPA believes that the results of the
tightening in 2000 should be evaluated before any further tightening is
contemplated.
Therefore, based on the evaluation required under Sec. 75.8, the
Agency proposes to conclude that the current performance specifications
for relative accuracy are appropriate at this time.
C. Availability Trigger Conditions for Missing Data Substitution
Procedure
In 40 CFR 75.30-75.38 (Subpart D) a missing data procedure is
prescribed for calculating emissions when valid data are not being
supplied by a unit's continuous emissions monitoring system. The
missing data procedure is a multi-tiered computational routine for
deriving a substitution value from values previously recorded, or the
highest potential values, by the monitor. The procedure is based on the
premise that the lower the annual monitor availability and/or the
longer the gap in recorded data, the more conservative the value to be
substituted.
In concert, two trigger conditions determine the conservativeness
of the substituted value. The first trigger condition is annualized
monitor availability, i.e., the percentage of the immediately preceding
8760 unit operating hours in which valid, quality assured data was
obtained. The second trigger condition is the length of the current
period during which valid data are not being produced. Current
availability trigger conditions include three tiers: (1) less than 90%
availability, (2) equal to or greater than 90% but less than 95%
availability, and (3) 95% or greater availability.
To determine if retaining the current availability trigger
conditions is appropriate, the Agency analyzed the annual percent
monitor availability (PMA) as reported in the 1994-1996 quarterly
emission reports. The PMA indicates the proportion of the operating
hours in each year that the monitor was providing valid, quality
assured measurements. High PMAs would indicate that current trigger
conditions are providing a sufficient incentive for keeping monitors
operating properly.
The evaluation of the quarterly report data for 1994-1996 showed
that the average PMA for SO2 CEMS was 94.7% in 1994, 96.7%
in 1995, and 97.2% in 1996. For the same three year period it was
91.8%, 94.1%, and 95.8% for NOx CEMS, and 95.0%, 96.3%, and 97.0% for
flow monitors. As a rule, separate percent monitor availabilities for
the CO2 CEMS are not routinely reported, since
CO2 CEMS usually serve as diluent components in
NOX systems. However, the average PMA for CO2 CEMS in a
given year must be at least as good as the corresponding average of the
reported NOX PMAs. Not only are the average PMAs above the
95% availability trigger level, but they have also consistently
increased in each successive year of the Acid Rain Program. To
appreciably improve monitor availabilities would require increasing the
third tier availability trigger up to or above the high average
availabilities currently being achieved. EPA believes that such an
increase in the required availabilities would be close to or beyond the
limits of what is reasonable to expect from current CEMS technology
when properly operated under the conditions prevailing in utility
stacks. A complete summary of the PMA's submitted in the 1994-1996
quarterly reports can be found in Docket Item, A-97-56, II-A-9.
Moreover, any tightening of the availability trigger conditions
would require reprogramming of most affected units' data acquisition
and handling systems, which automatically calculate and record the
appropriate substitution values for periods when valid CEMS data are
not available. Given the current high levels of monitor availability,
there is little or no basis for finding that adjusting the trigger
conditions would improve availability sufficiently to
[[Page 28199]]
justify the reprogramming costs that such a change would impose.
Therefore, based on the evaluation required under Sec. 75.8, the
Agency proposes to determine that retaining the current performance
specifications for availability trigger conditions is appropriate at
this time.
III. Proposed Rule Revisions
Having completed the studies and evaluations required in 40 CFR
75.7 and 75.8 and in light of EPA's determinations proposed above for
retaining current rule provisions for the bias test, relative accuracy,
and availability trigger conditions, EPA proposes revising Part 75 to
delete Secs. 75.7 and 75.8.
IV. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866, 58 FR 51735 (1993), the Administrator
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the 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 obligations 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 proposed rule is a ``significant regulatory
action'' because the rule seems to raise novel legal or policy issues.
As such, this action was submitted to OMB for review. Any written
comments from OMB to EPA, any written EPA response to those comments,
and any changes made in response to OMB suggestions or recommendations
are included in the docket. The docket is available for public
inspection at the EPA's Air Docket Section, which is listed in the
ADDRESSES section of this preamble.
B. Unfunded Mandates Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, before promulgating a proposed or final 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 205 generally requires that,
before promulgating a rule for which a written statement must be
prepared, EPA identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective, or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows EPA to adopt an
alternative other than the least costly, most cost-effective, or least
burdensome alternative if the Administrator explains why that
alternative was not adopted. Finally, section 203 requires that, before
establishing any regulatory requirements that may significantly or
uniquely affect small governments, EPA must have developed a small
government agency plan. The plan must provide for notifying any
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
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.
As discussed above, the proposed rule would eliminate two sections
requiring studies and evaluations by EPA of certain existing regulatory
provisions and would not include any other changes to the existing
regulations. The proposed rule therefore would not change in any way
the expenditure by State, local, and tribal governments or the private
sector, or the effect on small governments, resulting from the existing
regulations.
C. Paperwork Reduction Act
This action proposing revisions to the continuous emission
monitoring regulations would not impose any new information collection
burden. OMB has previously approved the information collection
requirements contained in the continuous emission monitoring
regulations, 40 CFR part 75, under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501, et seq. Note, however, that the Agency
is proposing other revisions to the continuous emission monitoring
regulations in a separate action in today's Federal Register and that
those revisions would result in a change to the current information
collection burden.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
D. Regulatory Flexibility
The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., generally
requires federal agencies to conduct a regulatory flexibility analysis
of any rule subject to notice and comment rulemaking requirements
unless the agency certifies that the proposed rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.
As discussed above, the proposed rule would eliminate two sections
requiring studies and evaluations by EPA and would not include any
other changes to the existing regulations. The proposed rule therefore
does not change in any way the potential impacts on small entities
resulting from the existing regulations. Therefore, I hereby certify
[[Page 28200]]
that this action will not have a significant economic impact on a
substantial number of small entities.
List of Subjects in 40 CFR Part 75
Environmental protection, Air pollution control, Carbon dioxide,
Continuous emissions monitors, Electric utilities, Nitrogen oxides,
Reporting and recordkeeping requirements, Sulfur dioxide.
Dated: April 27, 1998.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 75 of title 40,
chapter 1 of the Code of Federal Regulations is proposed to be amended
as follows:
PART 75--[AMENDED]
1. The authority citation for part 75 continues to read as follows:
Authority: 42 U.S.C. 7601 and 7651, et seq.
2. Section 75.7 is removed and reserved.
3. Section 75.8 is removed and reserved.
[FR Doc. 98-11750 Filed 5-20-98; 8:45 am]
BILLING CODE 6560-50-P
