95-18994. Preparation, Adoption, and Submittal of State Implementation Plans; Appendix M, Test Methods 204, 204A-204F  

  • [Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
    [Proposed Rules]
    [Pages 39297-39298]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-18994]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 51
    
    [FRL-5269-1]
    
    
    Preparation, Adoption, and Submittal of State Implementation 
    Plans; Appendix M, Test Methods 204, 204A-204F
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: The EPA is proposing to add seven methods to appendix M of 40 
    CFR part 51 for capture efficiency (CE) testing to assist States in 
    adopting enforceable CE measurement protocols into their State 
    implementation plans (SIP's) for ozone. These proposed methods, in 
    conjunction with the protocols, would also improve EPA's ability to 
    enforce State regulations to reduce volatile organic compounds (VOC) 
    emissions in ozone nonattainment areas.
    
    DATES: Comments. Comments must be received on or before October 2, 
    1995.
        Public Hearing. If anyone contacts EPA requesting to speak at a 
    public hearing by August 16, 1995, hearing will be held on August 30, 
    1995, beginning at 10:00 a.m. Persons interested in attending the 
    hearing should call Ms. Betty Sorrell at (919) 541-5582 to verify that 
    a hearing will be held.
        Request to Speak at Hearing. Persons wishing to present oral 
    testimony must contact EPA by August 16, 1995.
    
    ADDRESSES: Comments. Comments should be submitted (in duplicate if 
    possible) to Public Docket No. A-91-70 at the following address: U.S. 
    Environmental Protection Agency, Air and Radiation Docket and 
    Information Center, Mail Code: 6102, 401 M Street, SW., Washington, DC 
    20460. The Agency requests that a separate copy also be sent to the 
    contact person listed below. The docket is located at the above address 
    in Room M-1500 Waterside Mall (ground floor), and may be inspected from 
    8:30 a.m.-12 p.m. and 1:30 p.m.-3:00 p.m., Monday through Friday. The 
    proposed regulatory text and other materials related to this rulemaking 
    are available for review in the docket or copies may be mailed on 
    request from the Air Docket by calling 202-260-7548. A reasonable fee 
    may be charged for copying docket materials.
        Public Hearing. If anyone contacts EPA requesting a public hearing, 
    it will be held at EPA's Emission Measurement Laboratory, Research 
    Triangle Park, North Carolina. Persons interested in attending the 
    hearing or wishing to present oral testimony should notify Ms. Betty 
    Sorrell (MD-19), U.S. Environmental Protection Agency, Research 
    Triangle Park, North Carolina 27711, telephone number (919) 541-5582.
        Docket. A Docket A-91-70, containing materials relevant to this 
    rulemaking, is available for public inspection and copying between 8:30 
    a.m.-12 p.m. and 1:30 p.m.-3:00 p.m., Monday through Friday, at the 
    EPA's Air Docket Section Mail Code: 6102, Room M-1500, Waterside Mall 
    (ground floor), 401 M Street, SW., Washington DC 20460. A reasonable 
    fee may be charged for copying.
    
    FOR FURTHER INFORMATION CONTACT: Candace Sorrell, Source 
    Characterization Group A (MD-19), Emissions, Monitoring, and Analysis 
    Division, U.S. Environmental Protection Agency, Research Triangle Park, 
    North Carolina 27711, telephone (919) 541-4825.
    
    SUPPLEMENTARY INFORMATION: The proposed regulatory text of the proposed 
    rule is not included in this Federal Register notice, but is available 
    in Docket No. A-91-70 or by written or telephone request from the Air 
    Docket (see ADDRESSES). If necessary, a limited number of copies of the 
    Regulatory Text are available from the EPA contact persons designated 
    earlier in this notice. This Notice with the proposed regulatory 
    language is also available on the Technology Transfer Network (TTN), 
    one of EPA's electronic bulletin boards. The TTN provides information 
    and technology exchange in various areas of air pollution control. The 
    service is free except for the cost of the phone call. Dial (919) 541-
    5742 for up to a 14400 bps modem. If more information on TTN is needed, 
    call the HELP line at (919) 541-5384.
    
    I. Summary
    
        On February 10, 1995, EPA released a document entitled ``Guidelines 
    for Determining Capture Efficiency'' which recommended the use of a 
    permanent total enclosure (PTE), temporary total enclosure (TTE), or a 
    building enclosure for determining CE. The EPA is proposing to add 
    seven test methods, needed to carrying out the recommended protocols, 
    to appendix M in 40 CFR part 51. The methods being proposed today can 
    be used by States in developing CE protocols for regulated coating and 
    printing facilities employing a VOC capture system and control device. 
    The use of alternative methods and protocols is discussed in the 
    guidance document mentioned above.
        Each of the EPA recommended protocols relies on the use of an 
    enclosure to contain the VOC emitted from a process. Either a gas/gas 
    protocol (gas-phase measurements only) or a liquid/gas protocol (both 
    liquid- and gas-phase measurements) would be considered acceptable in 
    conjunction with the construction of a TTE around the process. The gas/
    gas or liquid/gas protocol could also be employed in situations where 
    the building or room around the process meet the requirements in 
    proposed Method 204 for a TTE.
        An owner or operator installing a PTE meeting the requirements in 
    proposed Method 204 would not be required to perform CE testing, 
    because the CE would be assumed to be 100 percent. Testing of the 
    destruction or removal efficiency of the control device would 
    
    [[Page 39298]]
    still be required in order to provide a measure of the overall control 
    efficiency of the total emission control system.
    
    II. The Rulemaking
    
        This rulemaking proposes to add seven methods for measuring CE to 
    appendix M of 40 CFR part 51 to provide methods that States can use in 
    their SIP's.
    
    III. Administrative Requirements
    
    A. Public Hearing
    
        A public hearing will be held, if requested, to discuss the 
    proposed amendment in accordance with section 307(d)(5) of the Clean 
    Air Act. Persons wishing to make oral presentations should contact EPA 
    at the address given in the ADDRESSES section of this preamble. Oral 
    presentations will be limited to within 15 minutes each. Any member of 
    the public may file a written statement with EPA before, during, or 
    within 30 days after the hearing. Written statements should be 
    addressed to the Air Docket Section address given in the ADDRESSES 
    section of this preamble.
        A verbatim transcript of the hearing and written statements will be 
    available for public inspection and copying during normal working hours 
    at EPA's Air Docket Section in Washington, DC (see ADDRESSES section of 
    this preamble).
    
    B. Docket
    
        The docket is an organized and complete file of all the information 
    considered by EPA in the development of this rulemaking. The docket is 
    a dynamic file, since material is added throughout the rulemaking 
    development. The docketing system is intended to allow members of the 
    public and industries involved to identify and locate documents readily 
    so that they may effectively participate in the rulemaking process. 
    Along with the statement of basis and purpose of the proposed and 
    promulgated test method revisions and EPA responses to significant 
    comments, the contents of the docket, except for interagency review 
    materials, will serve as the record in case of judicial review [Section 
    307(d)(7)(A)].
    
    C. Executive Order 12866
    
        Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
    Agency must determine whether a regulatory action is ``significant'' 
    and therefore subject to Office of Management and Budget (OMB) review 
    and the requirements of this 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 obligation 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 rule is not ``significant'' because none of the 
    listed criteria apply to this action. Consequently, this action was not 
    submitted to OMB for review under Executive Order 12866.
    
    D. Unfunded Mandates Act
    
        Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
    Mandates Act'') (signed into law on March 22, 1995) requires that the 
    Agency prepare a budgetary impact statement before promulgating a 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 204 requires 
    the Agency to establish a plan for obtaining input from and informing , 
    educating , and advising any small governments that may be 
    significantly or uniquely affected by the rule.
        Under section 205 of the Unfunded Mandates Act, the Agency must 
    identify and consider a reasonable number of regulatory alternatives 
    before promulgating a rule for which a budgetary impact statement must 
    be prepared. The agency must select from those alternatives the least 
    costly, most cost-effective, or least burdensome alternative that 
    achieves the objectives of the rule, unless the Agency explains why 
    this alternative is not selected or the selection of this alternative 
    is inconsistent with law.
        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.
    
    E. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (RFA) of 1980 requires the 
    identification of potentially adverse impacts of Federal regulations 
    upon small business entities. The RFA specifically requires the 
    completion of an analysis in those instances where small business 
    impacts are possible. This rulemaking does not impose emission 
    measurement requirements beyond those specified in the current 
    regulations, nor does it change any emission standard. Because this 
    rulemaking imposes no adverse economic impacts, an analysis has not 
    been conducted.
        Pursuant to the provision of 5 U.S.C. 605(b), I hereby certify that 
    the promulgated rule will not have an impact on small entities because 
    no additional costs will be incurred.
    
    F. Paperwork Reduction Act
    
        The rule does not change any information collection requirements 
    subject of Office of Management and Budget review under the Paperwork 
    Reduction Act of 1980, 44 U.S.C. 3501 et seq.
    
    G. Statutory Authority
    
        The statutory authority for this proposal is provided by section 
    110 of the Clean Air Act, as amended: 42 U.S.C., 7410.
    
        Dated: July 25, 1995.
    Carol M. Browner,
    The Administrator.
    [FR Doc. 95-18994 Filed 8-1-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Published:
08/02/1995
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-18994
Dates:
Comments. Comments must be received on or before October 2, 1995.
Pages:
39297-39298 (2 pages)
Docket Numbers:
FRL-5269-1
PDF File:
95-18994.pdf
Supporting Documents:
» Legacy Index for Docket A-91-70
» Preparation, Adoption, and Submittal of State Implementation Plans; Appendix M, Test Methods 204, 204A - 204F
» Preparation, Adoption, and Submittal of State Implementation Plans; Appendix M, Test Methods 204, 204A - 204F
CFR: (1)
40 CFR 51