81_FR_31612 81 FR 31515 - Technical Amendments to Performance Specification 18 and Procedure 6

81 FR 31515 - Technical Amendments to Performance Specification 18 and Procedure 6

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 97 (May 19, 2016)

Page Range31515-31520
FR Document2016-10989

The Environmental Protection Agency (EPA) is taking direct final action to make several minor technical amendments to the performance specifications and test procedures for hydrogen chloride (HCl) continuous emission monitoring systems (CEMS). This direct final rule also makes several minor amendments to the quality assurance (QA) procedures for HCl CEMS used for compliance determination at stationary sources. The performance specification (Performance Specification 18) and the QA procedures (Procedure 6) were published in the Federal Register on July 7, 2015. These amendments make several minor corrections and clarify several aspects of these regulations.

Federal Register, Volume 81 Issue 97 (Thursday, May 19, 2016)
[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31515-31520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10989]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2013-0696; FRL-9944-26-OAR]
RIN 2060-AS86


Technical Amendments to Performance Specification 18 and 
Procedure 6

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to make several minor technical amendments to the 
performance specifications and test procedures for hydrogen chloride 
(HCl) continuous emission monitoring systems (CEMS). This direct final 
rule also makes several minor amendments to the quality assurance (QA) 
procedures for HCl CEMS used for compliance determination at stationary 
sources. The performance specification (Performance Specification 18) 
and the QA procedures (Procedure 6) were published in the Federal 
Register on July 7, 2015. These amendments make several minor 
corrections and clarify several aspects of these regulations.

DATES: This rule is effective on August 17, 2016 without further 
notice, unless the EPA receives adverse comment by July 5, 2016. 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-2013-0696, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, Cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Candace Sorrell, 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) 541-1064; fax number: (919) 
541-0516; email address: [email protected].

SUPPLEMENTARY INFORMATION: The information presented in this rule is 
organized as follows:

I. General Information
    A. Why is the EPA using a direct final rule?
    B. Does this action apply to me?
    C. What should I consider as I prepare my comments for the EPA?
    D. Where can I obtain a copy of this document?
    E. Judicial Review
II. This Action
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)

[[Page 31516]]

    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a non-controversial action and 
anticipate no adverse comment. This action makes minor technical 
amendments to Performance Specification 18 (PS 18) and Procedure 6. 
However, in the ``Proposed Rules'' section of this Federal Register, we 
are publishing a separate document that will serve as the proposed rule 
to announce the EPA's intent to amend PS 18 and Procedure 6, if adverse 
comments are received on this direct final rule by July 5, 2016. We 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document. If the EPA receives adverse comment, the EPA will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. The EPA will address all 
public comments in a subsequent final rule based on the proposed rule. 
Please note that if the EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

B. Does this action apply to me?

    The major entities that would potentially be affected by the final 
PS 18 and the QA requirements of Procedure 6 for gaseous HCl CEMS are 
those entities that are required to install a new HCl CEMS, relocate an 
existing HCl CEMS, or replace an existing HCl CEMS under any applicable 
subpart of 40 Code of Federal Regulations (CFR) part 60, 61, or 63. 
Table 1 of this preamble lists the current federal rules by subpart and 
the corresponding source categories to which the PS 18 and Procedure 6 
potentially would apply.

  Table 1--Source Categories That Would Potentially Be Subject to PS 18
                             and Procedure 6
------------------------------------------------------------------------
            Subpart(s)                         Source category
------------------------------------------------------------------------
                             40 CFR part 63
------------------------------------------------------------------------
Subpart LLL.......................  Portland Cement Manufacturing
                                     Industry.
Subpart UUUUU.....................  Coal- and Oil-fired Electric Utility
                                     Steam Generating Units.
Subpart DDDDD.....................  Industrial, Commercial, and
                                     Institutional Boilers and Process
                                     Heaters.
------------------------------------------------------------------------

    The requirements of PS 18 and Procedure 6 may also apply to 
stationary sources located in a state, district, reservation, or 
territory that adopts PS 18 or Procedure 6 in its implementation plan.
    Table 2 lists the corresponding North American Industry 
Classification System (NAICS) codes for the source categories listed in 
Table 1 of this preamble.

            Table 2--NAICS for Potentially Regulated Entities
------------------------------------------------------------------------
                       Industry                            NAICS Codes
------------------------------------------------------------------------
Fossil Fuel-Fired Electric Utility Steam Generating               327310
 Units................................................
                                                              \a\ 921150
Portland Cement Manufacturing Plants..................            327310
Industrial, Commercial, and Institutional Boilers and                211
 Process Heaters......................................
                                                                     321
                                                                     322
                                                                     325
                                                                     324
                                                           316, 326, 339
                                                                     331
                                                                     332
                                                                     336
                                                                     221
                                                                     622
                                                                     611
------------------------------------------------------------------------
\a\ Industry in Indian Country.

    Tables 1 and 2 are not intended to be exhaustive, but rather they 
provide a guide for readers regarding entities potentially affected by 
this action. If you have any questions regarding the potential 
applicability of PS 18 and test procedures (Procedure 6) to a 
particular entity, consult the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

C. What should I consider as I prepare my comments for the EPA?

    a. Submitting CBI. Do not submit this information to the EPA 
through https://www.regulations.gov or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI

[[Page 31517]]

information in a disk or CD ROM that you mail to the EPA, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    b. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a CFR part or 
section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

D. Where can I obtain a copy of this action?

    In addition to being available in the docket, an electronic copy of 
this rule will also be available on the Worldwide Web (WWW) through the 
Technology Transfer Network (TTN) Web site. Following publication, the 
EPA will post the Federal Register version of the promulgation and key 
technical documents at http://www3.epa.gov/ttn/emc/propperf.html.

E. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of this action must be filed in the United States Court of Appeals for 
the DC Circuit by July 18, 2016. Filing a petition for reconsideration 
by the Administrator of this final rule does not affect the finality of 
this action for the purposes of judicial review nor does it extend the 
time within which a petition for judicial review may be filed, and 
shall not postpone the effectiveness of such rule or action. Parties 
with objections to this direct final rule are encouraged to file a 
comment in response to the parallel notice of proposed rulemaking for 
this action published in the proposed rules section of this Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that the EPA can withdraw this direct final 
rule and address the comment in the proposed rulemaking. This action 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

II. This Action

    On July 7, 2015, the EPA promulgated PS 18, that includes 
requirements for the initial acceptance of CEMS to measure HCl 
emissions (80 FR 38628). In that same action, we promulgated Procedure 
6 specifying the minimum QA requirements necessary for control and 
assessment of the quality of CEMS data submitted to the EPA. 
Performance Specification 18 is applicable to the evaluation of HCl 
continuous monitoring instruments for Portland cement facilities, 
electric generating units, and industrial, commercial, and 
institutional boilers and process heaters. After publication of PS 18 
and Procedure 6, we identified minor definition inconsistencies and 
unintended differences between the proposal and the final rule. In this 
action, we are making corrections to PS 18 and Procedure 6 as noted 
below to eliminate such inconsistencies and to remove unintended 
changes that occurred between the notice of proposed rulemaking and the 
final rulemaking.
    This action:
    (1) Adds definitions for beam attenuation and beam intensity to 
clarify the meaning of these terms (Section 3.0);
    (2) Clarifies which detection limits must be less than 20 percent 
of the applicable emission limit (Section 11.5.6.5);
    (3) Revises the requirements to determine zero gas calibration 
drift measurements by allowing either exclusion or inclusion of the 
measurement optical path (Section 11.8.6.2);
    (4) Revises definitions for terms Ci, and S, to make 
them consistent with other performance specifications (Section 12.1);
    (5) Corrects equation 2 in PS 18 to include the average measured 
concentration of HCl used to calculate CEMS interference. This change 
clarifies that single or multiple interferent gases are allowed to be 
evaluated in PS 18 (Section 12.2);
    (6) Revises equation 7 in PS 18 to include an additional term that 
allows correction for the measured native background HCl concentration. 
This revision permits calculations for either option in revised section 
11.8.6.2 (Section 12.4.4);
    (7) Corrects appendix A, equation 3 in PS 18 for calculating 
dilution factors when dynamic spike quality control measurements are 
made (PS 18 appendix A, Section 11.2.3);
    (8) Clarifies, in Procedure 6, that QA for data above span is 
subject to the specific requirements in applicable rules or permits, 
that supersede the general requirements in Procedure 6 (Section 4.1.5 
and 4.1.5.3);
    (9) Resolves, in Procedure 6, prior confusion between greater than 
two clock hours and greater than two consecutive 1-hour averages in the 
measurement period for exceedance of span before additional CEMS 
responses checks are required (Section 4.1.5.1);
    (10) Clarifies the units of measure (percent) required for 
Integrated Path CEMS beam intensity check (Section 4.2.1); and
    (11) Corrects the incomplete reference to the equations required to 
calculate dynamic spiking error (DSE) (Section 5.2.4.2).

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 and, therefore, 
was not submitted to the Office of Management and Budget (OMB) for 
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. These changes do not add information collection requirements 
beyond those currently required under the applicable regulations.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
makes minor technical correction and adds clarification in PS 18 and 
Procedure 6 and does not impose additional regulatory requirements on 
sources.

[[Page 31518]]

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. This action imposes 
no enforceable duty on any state, local or tribal governments, or the 
private sector.

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.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. This action adds additional language that 
clarifies several aspects for the performance standard and procedure 
and corrects some minor technical errors, but does not change the 
requirements for conducting the test method. 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 Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action does not relax the control 
measures on sources regulated by the rule and, therefore, will not 
cause emissions increases from these sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, 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 
United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). This rule will be effective August 17, 2016.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Continuous emission monitoring systems, Hydrogen 
chloride, Performance specifications, Test methods and procedures.

    Dated: May 2, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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


0
2. In appendix B to part 60, Performance Specification 18:
0
a. Revise Sections 3.1 through 3.23, 11.5.6.5, 11.8.6.2, 12.1, 12.2 and 
12.4.4;
0
b. Add Sections 3.24, 3.25, and 12.2.1; and
0
c. Revise Section 11.2.3 in appendix A of Performance Specification 18.
    The revisions and additions read as follows:

Appendix B to Part 60--Performance Specifications

* * * * *

PERFORMANCE SPECIFICATION 18-PERFORMANCE SPECIFICATIONS AND TEST 
PROCEDURES FOR GASEOUS HYDROGEN CHLORIDE (HCl) CONTINUOUS EMISSION 
MONITORING SYSTEMS AT STATIONARY SOURCES

* * * * *
3.0 Definitions

    3.1 Beam attenuation is the reduction in electromagnetic 
radiation (light) throughput from the maximum beam intensity 
experienced during site specific CEMS operation.
    3.2 Beam intensity is the electromagnetic radiation (light) 
throughput for an IP-CEMS instrument measured following 
manufacturers specifications.
    3.3 Calibration cell means a gas containment cell used with 
cross stack or integrated path (IP) CEMS for calibration and to 
perform many of the test procedures required by this performance 
specification. The cell may be a removable sealed cell or an 
evacuated and/or purged cell capable of exchanging reference and 
other calibration gases as well as zero gas standards. When charged, 
it contains a known concentration of HCl and/or interference gases. 
The calibration cell is filled with zero gas or removed from the 
optical path during stack gas measurement.
    3.4 Calibration drift (CD) means the absolute value of the 
difference between the CEMS output response and an upscale reference 
gas or a zero-level gas, expressed as a percentage of the span 
value, when the CEMS is challenged after a stated period of 
operation during which no unscheduled adjustments, maintenance or 
repairs took place.
    3.5 Centroidal area means a central area that is geometrically 
similar to the stack or duct cross section and is no greater than 10 
percent of the stack or duct cross-sectional area.
    3.6 Continuous Emission Monitoring System (CEMS) means the total 
equipment required to measure the pollutant concentration or 
emission rate continuously. The system generally consists of the 
following three major subsystems:
    3.6.1 Sample interface means that portion of the CEMS used for 
one or more of the following: Sample acquisition, sample transport, 
sample conditioning, defining the optical measurement path, and 
protection of the monitor from the effects of the stack effluent.
    3.6.2 HCl analyzer means that portion of the HCl CEMS that 
measures the total vapor phase HCl concentration and generates a 
proportional output.
    3.6.3 Data recorder means that portion of the CEMS that provides 
a permanent electronic record of the analyzer output. The data 
recorder may record other pertinent data such as effluent flow 
rates, various instrument temperatures or abnormal CEMS operation. 
The data recorder may also include automatic data reduction 
capabilities and CEMS control capabilities.
    3.7 Diluent gas means a major gaseous constituent in a gaseous 
pollutant mixture. For combustion sources, either carbon dioxide 
(CO2) or oxygen (O2) or a

[[Page 31519]]

combination of these two gases are the major gaseous diluents of 
interest.
    3.8 Dynamic spiking (DS) means the procedure where a known 
concentration of HCl gas is injected into the probe sample gas 
stream for extractive CEMS at a known flow rate to assess the 
performance of the measurement system in the presence of potential 
interference from the flue gas sample matrix.
    3.9 Independent measurement(s) means the series of CEMS data 
values taken during sample gas analysis separated by two times the 
procedure specific response time (RT) of the CEMS.
    3.10 Integrated path CEMS (IP-CEMS) means an in-situ CEMS that 
measures the gas concentration along an optical path in the stack or 
duct cross section.
    3.11 Interference means a compound or material in the sample 
matrix other than HCl whose characteristics may bias the CEMS 
measurement (positively or negatively). The interference may not 
prevent the sample measurement, but could increase the analytical 
uncertainty in the measured HCl concentration through reaction with 
HCl or by changing the electronic signal generated during HCl 
measurement.
    3.12 Interference test means the test to detect CEMS responses 
to interferences that are not adequately accounted for in the 
calibration procedure and may cause measurement bias.
    3.13 Level of detection (LOD) means the lowest level of 
pollutant that the CEMS can detect in the presence of the source gas 
matrix interferents with 99 percent confidence.
    3.14 Liquid evaporative standard means a reference gas produced 
by vaporizing National Institute of Standards and Technology (NIST) 
traceable liquid standards of known HCl concentration and 
quantitatively diluting the resultant vapor with a carrier gas.
    3.15 Measurement error (ME) is the mean difference between the 
concentration measured by the CEMS and the known concentration of a 
reference gas standard, divided by the span, when the entire CEMS, 
including the sampling interface, is challenged.
    3.16 Optical path means the route light travels from the light 
source to the receiver used to make sample measurements.
    3.17 Path length means, for an extractive optical CEMS, the 
distance in meters of the optical path within a gas measurement 
cell. For an IP-CEMS, path length means the distance in meters of 
the optical path that passes through the source gas in the stack or 
duct.
    3.18 Point CEMS means a CEMS that measures the source gas 
concentration, either at a single point at the sampling probe tip or 
over a path length for IP-CEMS less than 10 percent of the 
equivalent diameter of the stack or duct cross section.
    3.19 Stack pressure measurement device means a NIST-traceable 
gauge or monitor that measures absolute pressure and conforms to the 
design requirements of ASME B40.100-2010, ``Pressure Gauges and 
Gauge Attachments'' (incorporated by reference--see Sec.  60.17).
    3.20 Reference gas standard means a NIST-traceable gas standard 
containing a known concentration of HCl certified in accordance with 
an EPA traceability protocol in section 7.1 of this PS.
    3.21 Relative accuracy (RA) means the absolute mean difference 
between the gas concentration or the emission rate determined by the 
CEMS and the value determined by the RM, plus the confidence 
coefficient of a series of nine test runs, divided by the average of 
the RM or the applicable emission standard.
    3.22 Response time (RT) means the time it takes for the 
measurement system, while operating normally at its target sample 
flow rate, dilution ratio, or data collection rate to respond to a 
known step change in gas concentration, either from a low- or zero-
level to a high-level gas concentration or from a high-level to a 
low or zero-level gas concentration, and to read 95 percent of the 
change to the stable instrument response. There may be several RTs 
for an instrument related to different functions or procedures 
(e.g., DS, LOD, and ME).
    3.23 Span value means an HCl concentration approximately equal 
to two times the concentration equivalent to the emission standard 
unless otherwise specified in the applicable regulation, permit or 
other requirement. Unless otherwise specified, the span may be 
rounded up to the nearest multiple of 5.
    3.24 Standard addition means the addition of known amounts of 
HCl gas (either statically or dynamically) to the actual measurement 
path or measured sample gas stream.
    3.25 Zero gas means a gas or liquid with an HCl concentration 
that is below the LOD of the measurement system.
* * * * *
11.0 Performance Specification Test Procedure
* * * * *
    11.5.6.5 If your system LOD field verification does not 
demonstrate a SAR greater than or equal to your initial controlled 
environment LOD, you must increase the SA concentration 
incrementally and repeat the field verification procedure until the 
SAR is equal to or greater than LOD. The site-specific standard 
addition detection level (SADL) is equal to the standard addition 
needed to achieve the acceptable SAR, and SADL replaces the 
controlled environment LOD. For extractive CEMS, the SADL is 
calculated as the ESA using Equation A7 in appendix A of this PS. 
For IP-CEMS, the SADL is the SA calculated using Equation A8 in 
appendix A of this PS. As described in section 13.1 of this PS, the 
LOD or the SADL that replaces an LOD must be less than 20 percent of 
the applicable emission limit.
* * * * *
    11.8.6.2 For IP-CEMS, you must include the source measurement 
optical path while performing the upscale CD measurement; you may 
exclude the source measurement optical path when determining the 
zero gas concentration. Calculate the CD for IP CEMS using equations 
4, 5, 6B, and 7 in section 12.4.
* * * * *
12.0 Calculations and Data Analysis
12.1 Nomenclature
Ci = Zero or HCl reference gas concentration used for 
test i (ppmv);
Ci,eff = Equivalent concentration of the reference gas 
value, Ci, at the specified conditions (ppmv);
CC = Confidence coefficient (ppmv);
CDextractive = Calibration drift for extractive CEMS 
(percent);
CDIP = Calibration drift for IP-CEMS (percent);
CD0 = Calibration drift at zero HCl concentrations for an 
IP-CEMS (percent);
davg = Mean difference between CEMS response and the 
reference gas (ppmv);
di = Difference of CEMS response and the RM value (ppmv);
I = Total interference from major matrix stack gases, (percent);
LSF = Line strength factor for IP-CEMS instrument specific 
correction for temperature and gas matrix effects derived from the 
HITRAN and/or manufacturer specific database (unitless);
[Delta]MCavg = Average of the 3 absolute values of the 
difference between the measured HCl calibration gas concentrations 
with and without interference from selected stack gases (ppmv);
MCi = Measured HCl reference gas concentration i (ppmv);
MCi = Average of the measured HCl reference gas 
concentration i (ppmv);
MCint = Measured HCl concentration of the HCl reference 
gas plus the individual or combined interference gases (ppmv);
MEextractive = Measurement error for extractive CEMS 
(percent);
MEIP = Measurement error for IP-CEMS (percent);
MNavg = Average concentration at all sampling points 
(ppmv);
MNbi = Measured native concentration bracketing each 
calibration check measurement (ppmv);
MNi = Measured native concentration for test or run I 
(ppmv);
n = Number of measurements in an average value;
Pstack = Absolute stack pressure (mm Hg)
Preference = Absolute pressure of the calibration cell 
for IP-CEMS (mm Hg)
PLCell = Path length of IP-CEMS calibration cell (m);
PLStack = Path length of IP-CEMS stack optical path (m);
RA = Relative accuracy of CEMS compared to a RM (percent);
RMi = RM concentration for test run i (ppmv);
RMavg = Mean measured RM value (ppmv);
S = Span value (ppmv);
Sd = Standard deviation of the differences (ppmv);
Sti = Stratification at traverse point i (percent);
SADL = Standard addition detection level (ppmv);
t0.975 = One-sided t-value at the 97.5th percentile 
obtained from Table 5 in section 17.0 for n-1 measurements;
Treference = Temperature of the calibration cell for IP-
CEMS (degrees Kelvin);
Tstack = Temperature of the stack at the monitoring 
location for IP-CEM (degrees Kelvin).


[[Page 31520]]


    12.2 Calculate the difference between the measured HCl 
concentration with and without interferents for each interference 
gas (or mixture) for your CEMS as:
[GRAPHIC] [TIFF OMITTED] TR19MY16.024

    Calculate the total percent interference as:
    [GRAPHIC] [TIFF OMITTED] TR19MY16.025
    
    12.2.1 Calculate the equivalent concentration Ci,eff 
using Equation 4:
[GRAPHIC] [TIFF OMITTED] TR19MY16.026

* * * * *
    12.4.4 Calculate the zero CD as a percent of span for an IP-CEMS 
as:
[GRAPHIC] [TIFF OMITTED] TR19MY16.027

* * * * *

PS-18 Appendix A Standard Addition Procedures

* * * * *
11.0 Calculations and Data Analysis. * * *
* * * * *
    11.2.3 If you determine your spike dilution factor using an 
independent stable tracer that is present in the native source 
emissions, calculate the dilution factor for dynamic spiking using 
equation A3:
[GRAPHIC] [TIFF OMITTED] TR19MY16.028

* * * * *
0
3. In appendix F to part 60, revise Sections 4.1.5, 4.1.5.1, 4.1.5.3, 
and 5.2.4.2 in Procedure 6 to read as follows:

Appendix F to Part 60--Quality Assurance Procedures

* * * * *

Procedure 6. Quality Assurance Requirements for Gaseous Hydrogen 
Chloride (HCl) Continuous Emission Monitoring Systems Used for 
Compliance Determination at Stationary Sources

* * * * *
4.0 Daily Data Quality Requirements and Measurement Standardization 
Procedures
* * * * *
    4.1.5 Additional Quality Assurance for Data above Span. Unless 
otherwise specified in an applicable rule or permit, this procedure 
must be used to assure data quality and may be used when significant 
data above span is being collected.
    4.1.5.1 Any time the average measured concentration of HCl 
exceeds 150 percent of the span value for two consecutive 1-hour 
averages, conduct the following `above span' CEMS response check.
* * * * *
    4.1.5.3 Unless otherwise specified in an applicable rule or 
permit, if the `above span' response check is conducted during the 
period when measured emissions are above span and there is a failure 
to collect at least one data point in an hour due to the response 
check duration, then determine the emissions average for that missed 
hour as the average of hourly averages for the hour preceding the 
missed hour and the hour following the missed hour
* * * * *
5.0 Data Accuracy Assessment
* * * * *
    5.2.4.2 Calculate results as described in section 6.4. To 
determine CEMS accuracy you must calculate the dynamic spiking error 
(DSE) for each of the two upscale audit gases using equation A5 in 
appendix A to PS-18 and Equation 6-3 in section 6.4 of Procedure 6 
in appendix B to this part.
* * * * *
[FR Doc. 2016-10989 Filed 5-18-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations                                             31515

                                                  F. Executive Order 13175: Coordination                  L. Petitions for Judicial Review                      DATES:  This rule is effective on August
                                                  With Indian Tribal Governments                            Under section 307(b)(1) of the Clean                17, 2016 without further notice, unless
                                                                                                          Air Act, petitions for judicial review of             the EPA receives adverse comment by
                                                    This action does not have tribal
                                                                                                          this action must be filed in the United               July 5, 2016. If the EPA receives adverse
                                                  implications, as specified in Executive
                                                                                                          States Court of Appeals for the                       comment, we will publish a timely
                                                  Order 13175, because the SIP is not
                                                                                                          appropriate circuit by July 18, 2016.                 withdrawal in the Federal Register
                                                  approved to apply on any Indian
                                                                                                          Filing a petition for reconsideration by              informing the public that the rule will
                                                  reservation land or in any other area
                                                                                                          the Administrator of this final rule does             not take effect.
                                                  where the EPA or an Indian tribe has
                                                  demonstrated that a tribe has                           not affect the finality of this rule for the          ADDRESSES: Submit your comments,
                                                  jurisdiction, and will not impose                       purposes of judicial review nor does it               identified by Docket ID No. EPA–HQ–
                                                  substantial direct costs on tribal                      extend the time within which a petition               OAR–2013–0696, at http://
                                                  governments or preempt tribal law.                      for judicial review may be filed, and                 www.regulations.gov. Follow the online
                                                  Thus, Executive Order 13175 does not                    shall not postpone the effectiveness of               instructions for submitting comments.
                                                  apply to this action.                                   such rule or action. This action may not              Once submitted, comments cannot be
                                                                                                          be challenged later in proceedings to                 edited or removed from Regulations.gov.
                                                  G. Executive Order 13045: Protection of                 enforce its requirements (see section                 The EPA may publish any comment
                                                  Children From Environmental Health                      307(b)(2)).                                           received to its public docket. Do not
                                                  Risks and Safety Risks                                                                                        submit electronically any information
                                                                                                          List of Subjects in 40 CFR Part 52                    you consider to be Confidential
                                                    The EPA interprets Executive Order
                                                  13045 as applying only to those                           Environmental protection, Air                       Business Information (CBI) or other
                                                  regulatory actions that concern                         pollution control, Approval and                       information whose disclosure is
                                                  environmental health or safety risks that               promulgation of implementation plans,                 restricted by statute. Multimedia
                                                  the EPA has reason to believe may                       Incorporation by reference, Oxides of                 submissions (audio, video, etc.) must be
                                                  disproportionately affect children, per                 nitrogen, Ozone, and Volatile organic                 accompanied by a written comment.
                                                  the definition of ‘‘covered regulatory                  compounds.                                            The written comment is considered the
                                                  action’’ in section 2–202 of the                          Dated: May 6, 2016.
                                                                                                                                                                official comment and should include
                                                  Executive Order. This action is not                                                                           discussion of all points you wish to
                                                                                                          Deborah Jordan,
                                                  subject to Executive Order 13045                                                                              make. The EPA will generally not
                                                                                                          Acting Regional Administrator, Region IX.             consider comments or comment
                                                  because it does not impose additional
                                                                                                          [FR Doc. 2016–11744 Filed 5–18–16; 8:45 am]           contents located outside of the primary
                                                  requirements beyond those imposed by
                                                  state law.                                              BILLING CODE 6560–50–P                                submission (i.e., on the Web, Cloud, or
                                                                                                                                                                other file sharing system). For
                                                  H. Executive Order 13211: Actions That                                                                        additional submission methods, the full
                                                  Significantly Affect Energy Supply,                     ENVIRONMENTAL PROTECTION                              EPA public comment policy,
                                                  Distribution, or Use                                    AGENCY                                                information about CBI or multimedia
                                                    This action is not subject to Executive               40 CFR Part 60                                        submissions, and general guidance on
                                                  Order 13211, because it is not a                                                                              making effective comments, please visit
                                                  significant regulatory action under                     [EPA–HQ–OAR–2013–0696; FRL–9944–26–                   http://www2.epa.gov/dockets/
                                                  Executive Order 12866.                                  OAR]                                                  commenting-epa-dockets.
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: Ms.
                                                  I. National Technology Transfer and                     RIN 2060–AS86
                                                  Advancement Act (NTTAA)                                                                                       Candace Sorrell, U.S. EPA, Office of Air
                                                                                                          Technical Amendments to                               Quality Planning and Standards, Air
                                                    Section 12(d) of the NTTAA directs                    Performance Specification 18 and                      Quality Assessment Division,
                                                  the EPA to use voluntary consensus                      Procedure 6                                           Measurement Technology Group (Mail
                                                  standards in its regulatory activities                                                                        Code: E143–02), Research Triangle Park,
                                                  unless to do so would be inconsistent                   AGENCY: Environmental Protection                      NC 27711; telephone number: (919)
                                                  with applicable law or otherwise                        Agency (EPA).                                         541–1064; fax number: (919) 541–0516;
                                                  impractical. The EPA believes that this                 ACTION: Direct final rule.                            email address: sorrell.candace@epa.gov.
                                                  action is not subject to the requirements                                                                     SUPPLEMENTARY INFORMATION: The
                                                  of section 12(d) of the NTTAA because                   SUMMARY:   The Environmental Protection               information presented in this rule is
                                                  application of those requirements would                 Agency (EPA) is taking direct final                   organized as follows:
                                                  be inconsistent with the CAA.                           action to make several minor technical
                                                                                                          amendments to the performance                         I. General Information
                                                  J. Executive Order 12898: Federal                       specifications and test procedures for                   A. Why is the EPA using a direct final rule?
                                                  Actions To Address Environmental                                                                                 B. Does this action apply to me?
                                                                                                          hydrogen chloride (HCl) continuous                       C. What should I consider as I prepare my
                                                  Justice in Minority Populations and                     emission monitoring systems (CEMS).
                                                  Low-Income Population                                                                                               comments for the EPA?
                                                                                                          This direct final rule also makes several                D. Where can I obtain a copy of this
                                                    The EPA lacks the discretionary                       minor amendments to the quality                             document?
                                                  authority to address environmental                      assurance (QA) procedures for HCl                        E. Judicial Review
                                                  justice in this rulemaking.                             CEMS used for compliance                              II. This Action
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          determination at stationary sources. The              III. Statutory and Executive Order Reviews
                                                  K. Congressional Review Act (CRA)                                                                                A. Executive Order 12866: Regulatory
                                                                                                          performance specification (Performance
                                                    This action is subject to the CRA, and                Specification 18) and the QA                                Planning and Review and Executive
                                                                                                                                                                      Order 13563: Improving Regulation and
                                                  the EPA will submit a rule report to                    procedures (Procedure 6) were                               Regulatory Review
                                                  each House of the Congress and to the                   published in the Federal Register on                     B. Paperwork Reduction Act (PRA)
                                                  Comptroller General of the United                       July 7, 2015. These amendments make                      C. Regulatory Flexibility Act (RFA)
                                                  States. This action is not a ‘‘major rule’’             several minor corrections and clarify                    D. Unfunded Mandates Reform Act
                                                  as defined by 5 U.S.C. 804(2).                          several aspects of these regulations.                       (UMRA)



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                                                  31516                    Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations

                                                     E. Executive Order 13132: Federalism                              adverse comment. This action makes                                   that if the EPA receives adverse
                                                     F. Executive Order 13175: Consultation                            minor technical amendments to                                        comment on an amendment, paragraph,
                                                        and Coordination With Indian Tribal                            Performance Specification 18 (PS 18)                                 or section of this rule and if that
                                                        Governments
                                                     G. Executive Order 13045: Protection of                           and Procedure 6. However, in the                                     provision may be severed from the
                                                        Children From Environmental Health                             ‘‘Proposed Rules’’ section of this                                   remainder of the rule, the EPA may
                                                        Risks and Safety Risks                                         Federal Register, we are publishing a                                adopt as final those provisions of the
                                                     H. Executive Order 13211: Actions                                 separate document that will serve as the                             rule that are not the subject of an
                                                        Concerning Regulations That                                    proposed rule to announce the EPA’s                                  adverse comment.
                                                        Significantly Affect Energy Supply,                            intent to amend PS 18 and Procedure 6,
                                                        Distribution, or Use                                                                                                                B. Does this action apply to me?
                                                                                                                       if adverse comments are received on
                                                     I. National Technology Transfer and
                                                        Advancement Act                                                this direct final rule by July 5, 2016. We                              The major entities that would
                                                     J. Executive Order 12898: Federal Actions                         will not institute a second comment                                  potentially be affected by the final PS 18
                                                        To Address Environmental Justice in                            period on this action. Any parties                                   and the QA requirements of Procedure
                                                        Minority Populations and Low-Income                            interested in commenting must do so at                               6 for gaseous HCl CEMS are those
                                                        Populations                                                    this time. For further information about                             entities that are required to install a new
                                                     K. Congressional Review Act (CRA)                                 commenting on this rule, see the                                     HCl CEMS, relocate an existing HCl
                                                  I. General Information                                               ADDRESSES section of this document. If                               CEMS, or replace an existing HCl CEMS
                                                                                                                       the EPA receives adverse comment, the                                under any applicable subpart of 40 Code
                                                  A. Why is the EPA using a direct final                               EPA will publish a timely withdrawal in                              of Federal Regulations (CFR) part 60, 61,
                                                  rule?                                                                the Federal Register informing the                                   or 63. Table 1 of this preamble lists the
                                                    The EPA is publishing this direct final                            public that the rule will not take effect.                           current federal rules by subpart and the
                                                  rule without a prior proposed rule                                   The EPA will address all public                                      corresponding source categories to
                                                  because we view this as a non-                                       comments in a subsequent final rule                                  which the PS 18 and Procedure 6
                                                  controversial action and anticipate no                               based on the proposed rule. Please note                              potentially would apply.

                                                                 TABLE 1—SOURCE CATEGORIES THAT WOULD POTENTIALLY BE SUBJECT TO PS 18 AND PROCEDURE 6
                                                                   Subpart(s)                                                                                          Source category

                                                                                                                                            40 CFR part 63

                                                  Subpart LLL ....................................     Portland Cement Manufacturing Industry.
                                                  Subpart UUUUU .............................          Coal- and Oil-fired Electric Utility Steam Generating Units.
                                                  Subpart DDDDD .............................          Industrial, Commercial, and Institutional Boilers and Process Heaters.



                                                    The requirements of PS 18 and                                      adopts PS 18 or Procedure 6 in its                                   System (NAICS) codes for the source
                                                  Procedure 6 may also apply to                                        implementation plan.                                                 categories listed in Table 1 of this
                                                  stationary sources located in a state,                                 Table 2 lists the corresponding North                              preamble.
                                                  district, reservation, or territory that                             American Industry Classification

                                                                                                       TABLE 2—NAICS FOR POTENTIALLY REGULATED ENTITIES
                                                                                                                                    Industry                                                                                         NAICS Codes

                                                  Fossil Fuel-Fired Electric Utility Steam Generating Units ...............................................................................................................                 327310
                                                                                                                                                                                                                                          a 921150

                                                  Portland Cement Manufacturing Plants ...........................................................................................................................................          327310
                                                  Industrial, Commercial, and Institutional Boilers and Process Heaters ..........................................................................................                              211
                                                                                                                                                                                                                                                321
                                                                                                                                                                                                                                                322
                                                                                                                                                                                                                                                325
                                                                                                                                                                                                                                                324
                                                                                                                                                                                                                                      316, 326, 339
                                                                                                                                                                                                                                                331
                                                                                                                                                                                                                                                332
                                                                                                                                                                                                                                                336
                                                                                                                                                                                                                                                221
                                                                                                                                                                                                                                                622
                                                                                                                                                                                                                                                611
                                                     a Industry    in Indian Country.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                    Tables 1 and 2 are not intended to be                              entity, consult the person listed in the                             C. What should I consider as I prepare
                                                  exhaustive, but rather they provide a                                FOR FURTHER INFORMATION CONTACT                                      my comments for the EPA?
                                                  guide for readers regarding entities                                 section.                                                               a. Submitting CBI. Do not submit this
                                                  potentially affected by this action. If you                                                                                               information to the EPA through https://
                                                  have any questions regarding the                                                                                                          www.regulations.gov or email. Clearly
                                                  potential applicability of PS 18 and test                                                                                                 mark the part or all of the information
                                                  procedures (Procedure 6) to a particular                                                                                                  that you claim to be CBI. For CBI


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                                                                      Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations                                           31517

                                                  information in a disk or CD ROM that                    within which a petition for judicial                  are allowed to be evaluated in PS 18
                                                  you mail to the EPA, mark the outside                   review may be filed, and shall not                    (Section 12.2);
                                                  of the disk or CD ROM as CBI and then                   postpone the effectiveness of such rule                 (6) Revises equation 7 in PS 18 to
                                                  identify electronically within the disk or              or action. Parties with objections to this            include an additional term that allows
                                                  CD ROM the specific information that is                 direct final rule are encouraged to file a            correction for the measured native
                                                  claimed as CBI. In addition to one                      comment in response to the parallel                   background HCl concentration. This
                                                  complete version of the comment that                    notice of proposed rulemaking for this                revision permits calculations for either
                                                  includes information claimed as CBI, a                  action published in the proposed rules                option in revised section 11.8.6.2
                                                  copy of the comment that does not                       section of this Federal Register, rather              (Section 12.4.4);
                                                  contain the information claimed as CBI                  than file an immediate petition for
                                                                                                          judicial review of this direct final rule,              (7) Corrects appendix A, equation 3 in
                                                  must be submitted for inclusion in the
                                                                                                          so that the EPA can withdraw this direct              PS 18 for calculating dilution factors
                                                  public docket. Information so marked
                                                                                                          final rule and address the comment in                 when dynamic spike quality control
                                                  will not be disclosed except in
                                                                                                          the proposed rulemaking. This action                  measurements are made (PS 18
                                                  accordance with procedures set forth in
                                                                                                          may not be challenged later in                        appendix A, Section 11.2.3);
                                                  40 CFR part 2.
                                                     b. Tips for Preparing Your Comments.                 proceedings to enforce its requirements.                (8) Clarifies, in Procedure 6, that QA
                                                  When submitting comments, remember                      (See section 307(b)(2).)                              for data above span is subject to the
                                                  to:                                                                                                           specific requirements in applicable
                                                                                                          II. This Action
                                                     • Identify the rulemaking by docket                                                                        rules or permits, that supersede the
                                                  number and other identifying                               On July 7, 2015, the EPA promulgated               general requirements in Procedure 6
                                                  information (subject heading, Federal                   PS 18, that includes requirements for                 (Section 4.1.5 and 4.1.5.3);
                                                  Register date and page number).                         the initial acceptance of CEMS to                       (9) Resolves, in Procedure 6, prior
                                                     • Follow directions. The agency may                  measure HCl emissions (80 FR 38628).                  confusion between greater than two
                                                  ask you to respond to specific questions                In that same action, we promulgated                   clock hours and greater than two
                                                  or organize comments by referencing a                   Procedure 6 specifying the minimum                    consecutive 1-hour averages in the
                                                  CFR part or section number.                             QA requirements necessary for control                 measurement period for exceedance of
                                                     • Explain why you agree or disagree;                 and assessment of the quality of CEMS                 span before additional CEMS responses
                                                  suggest alternatives and substitute                     data submitted to the EPA. Performance                checks are required (Section 4.1.5.1);
                                                  language for your requested changes.                    Specification 18 is applicable to the                   (10) Clarifies the units of measure
                                                     • Describe any assumptions and                       evaluation of HCl continuous                          (percent) required for Integrated Path
                                                  provide any technical information and/                  monitoring instruments for Portland                   CEMS beam intensity check (Section
                                                  or data that you used.                                  cement facilities, electric generating                4.2.1); and
                                                     • If you estimate potential costs or                 units, and industrial, commercial, and
                                                  burdens, explain how you arrived at                     institutional boilers and process heaters.              (11) Corrects the incomplete reference
                                                  your estimate in sufficient detail to                   After publication of PS 18 and                        to the equations required to calculate
                                                  allow for it to be reproduced.                          Procedure 6, we identified minor                      dynamic spiking error (DSE) (Section
                                                     • Provide specific examples to                       definition inconsistencies and                        5.2.4.2).
                                                  illustrate your concerns, and suggest                   unintended differences between the                    III. Statutory and Executive Order
                                                  alternatives.                                           proposal and the final rule. In this                  Reviews
                                                     • Explain your views as clearly as                   action, we are making corrections to PS
                                                  possible, avoiding the use of profanity                 18 and Procedure 6 as noted below to                  A. Executive Order 12866: Regulatory
                                                  or personal threats.                                    eliminate such inconsistencies and to                 Planning and Review and Executive
                                                     • Make sure to submit your                           remove unintended changes that                        Order 13563: Improving Regulation and
                                                  comments by the comment period                          occurred between the notice of                        Regulatory Review
                                                  deadline identified.                                    proposed rulemaking and the final                       This action is not a significant
                                                  D. Where can I obtain a copy of this                    rulemaking.                                           regulatory action and, therefore, was not
                                                  action?                                                    This action:                                       submitted to the Office of Management
                                                                                                             (1) Adds definitions for beam                      and Budget (OMB) for review.
                                                    In addition to being available in the                 attenuation and beam intensity to clarify
                                                  docket, an electronic copy of this rule                 the meaning of these terms (Section 3.0);             B. Paperwork Reduction Act (PRA)
                                                  will also be available on the Worldwide                    (2) Clarifies which detection limits
                                                  Web (WWW) through the Technology                        must be less than 20 percent of the                     This action does not impose an
                                                  Transfer Network (TTN) Web site.                        applicable emission limit (Section                    information collection burden under the
                                                  Following publication, the EPA will                     11.5.6.5);                                            PRA. These changes do not add
                                                  post the Federal Register version of the                   (3) Revises the requirements to                    information collection requirements
                                                  promulgation and key technical                          determine zero gas calibration drift                  beyond those currently required under
                                                  documents at http://www3.epa.gov/ttn/                   measurements by allowing either                       the applicable regulations.
                                                  emc/propperf.html.                                      exclusion or inclusion of the                         C. Regulatory Flexibility Act (RFA)
                                                                                                          measurement optical path (Section
                                                  E. Judicial Review                                                                                               I certify that this action will not have
                                                                                                          11.8.6.2);
                                                    Under section 307(b)(1) of the Clean                     (4) Revises definitions for terms Ci,              a significant economic impact on a
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Air Act (CAA), judicial review of this                  and S, to make them consistent with                   substantial number of small entities
                                                  action must be filed in the United States               other performance specifications                      under the RFA. This action will not
                                                  Court of Appeals for the DC Circuit by                  (Section 12.1);                                       impose any requirements on small
                                                  July 18, 2016. Filing a petition for                       (5) Corrects equation 2 in PS 18 to                entities. This action makes minor
                                                  reconsideration by the Administrator of                 include the average measured                          technical correction and adds
                                                  this final rule does not affect the finality            concentration of HCl used to calculate                clarification in PS 18 and Procedure 6
                                                  of this action for the purposes of judicial             CEMS interference. This change clarifies              and does not impose additional
                                                  review nor does it extend the time                      that single or multiple interferent gases             regulatory requirements on sources.


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                                                  31518               Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations

                                                  D. Unfunded Mandates Reform Act                         J. Executive Order 12898: Federal                     PERFORMANCE SPECIFICATION 18–
                                                  (UMRA)                                                  Actions To Address Environmental                      PERFORMANCE SPECIFICATIONS AND
                                                                                                          Justice in Minority Populations and                   TEST PROCEDURES FOR GASEOUS
                                                    This action does not contain any                                                                            HYDROGEN CHLORIDE (HCl)
                                                                                                          Low-Income Populations
                                                  unfunded mandate of $100 million or                                                                           CONTINUOUS EMISSION MONITORING
                                                  more as described in UMRA, 2 U.S.C.                       The EPA believes the human health or                SYSTEMS AT STATIONARY SOURCES
                                                  1531–1538, and does not significantly or                environmental risk addressed by this                  *        *      *     *   *
                                                                                                          action will not have potential                        3.0 Definitions
                                                  uniquely affect small governments. This
                                                                                                          disproportionately high and adverse                      3.1 Beam attenuation is the reduction in
                                                  action imposes no enforceable duty on
                                                                                                          human health or environmental effects                 electromagnetic radiation (light) throughput
                                                  any state, local or tribal governments, or              on minority, low-income or indigenous                 from the maximum beam intensity
                                                  the private sector.                                     populations. This action does not relax               experienced during site specific CEMS
                                                  E. Executive Order 13132: Federalism                    the control measures on sources                       operation.
                                                                                                          regulated by the rule and, therefore, will               3.2 Beam intensity is the electromagnetic
                                                    This action does not have federalism                  not cause emissions increases from                    radiation (light) throughput for an IP–CEMS
                                                  implications. It will not have substantial                                                                    instrument measured following
                                                                                                          these sources.
                                                                                                                                                                manufacturers specifications.
                                                  direct effects on the states, on the                                                                             3.3 Calibration cell means a gas
                                                                                                          K. Congressional Review Act
                                                  relationship between the national                                                                             containment cell used with cross stack or
                                                  government and the states, or on the                       The Congressional Review Act, 5                    integrated path (IP) CEMS for calibration and
                                                  distribution of power and                               U.S.C. 801 et seq., as added by the Small             to perform many of the test procedures
                                                  responsibilities among the various                      Business Regulatory Enforcement                       required by this performance specification.
                                                  levels of government.                                   Fairness Act of 1996, generally provides              The cell may be a removable sealed cell or
                                                                                                          that before a rule may take effect, the               an evacuated and/or purged cell capable of
                                                  F. Executive Order 13175: Consultation                  agency promulgating the rule must                     exchanging reference and other calibration
                                                  and Coordination With Indian Tribal                     submit a rule report, which includes a                gases as well as zero gas standards. When
                                                  Governments                                             copy of the rule, to each House of the                charged, it contains a known concentration of
                                                                                                                                                                HCl and/or interference gases. The
                                                                                                          Congress and to the Comptroller General               calibration cell is filled with zero gas or
                                                    This action does not have tribal                      of the United States. This action is not
                                                  implications, as specified in Executive                                                                       removed from the optical path during stack
                                                                                                          a ‘‘major rule’’ as defined by 5 U.S.C.               gas measurement.
                                                  Order 13175. This action adds                           804(2). This rule will be effective                      3.4 Calibration drift (CD) means the
                                                  additional language that clarifies several              August 17, 2016.                                      absolute value of the difference between the
                                                  aspects for the performance standard                                                                          CEMS output response and an upscale
                                                  and procedure and corrects some minor                   List of Subjects in 40 CFR Part 60                    reference gas or a zero-level gas, expressed as
                                                  technical errors, but does not change the                 Environmental protection,                           a percentage of the span value, when the
                                                  requirements for conducting the test                    Administrative practice and procedure,                CEMS is challenged after a stated period of
                                                                                                          Air pollution control, Continuous                     operation during which no unscheduled
                                                  method. Thus, Executive Order 13175
                                                                                                                                                                adjustments, maintenance or repairs took
                                                  does not apply to this action.                          emission monitoring systems, Hydrogen                 place.
                                                                                                          chloride, Performance specifications,                    3.5 Centroidal area means a central area
                                                  G. Executive Order 13045: Protection of                 Test methods and procedures.                          that is geometrically similar to the stack or
                                                  Children From Environmental Health                                                                            duct cross section and is no greater than 10
                                                                                                            Dated: May 2, 2016.
                                                  Risks and Safety Risks                                                                                        percent of the stack or duct cross-sectional
                                                                                                          Gina McCarthy,
                                                                                                                                                                area.
                                                    The EPA interprets Executive Order                    Administrator.                                           3.6 Continuous Emission Monitoring
                                                  13045 as applying only to those                           For the reasons stated in the                       System (CEMS) means the total equipment
                                                  regulatory actions that concern                         preamble, title 40, chapter I of the Code             required to measure the pollutant
                                                  environmental health or safety risks that               of Federal Regulations is amended as                  concentration or emission rate continuously.
                                                  the EPA has reason to believe may                       follows:                                              The system generally consists of the
                                                  disproportionately affect children, per                                                                       following three major subsystems:
                                                                                                          PART 60—STANDARDS OF                                     3.6.1 Sample interface means that portion
                                                  the definition of ‘‘covered regulatory                                                                        of the CEMS used for one or more of the
                                                  action’’ in section 2–202 of the                        PERFORMANCE FOR NEW
                                                                                                          STATIONARY SOURCES                                    following: Sample acquisition, sample
                                                  Executive Order. This action is not                                                                           transport, sample conditioning, defining the
                                                  subject to Executive Order 13045                        ■ 1. The authority citation for part 60               optical measurement path, and protection of
                                                  because it does not concern an                                                                                the monitor from the effects of the stack
                                                                                                          continues to read as follows:                         effluent.
                                                  environmental health risk or safety risk.
                                                                                                              Authority: 42 U.S.C. 7401 et seq.                    3.6.2 HCl analyzer means that portion of
                                                  H. Executive Order 13211: Actions                                                                             the HCl CEMS that measures the total vapor
                                                                                                          ■ 2. In appendix B to part 60,                        phase HCl concentration and generates a
                                                  Concerning Regulations That                             Performance Specification 18:
                                                  Significantly Affect Energy Supply,                                                                           proportional output.
                                                                                                          ■ a. Revise Sections 3.1 through 3.23,                   3.6.3 Data recorder means that portion of
                                                  Distribution, or Use                                    11.5.6.5, 11.8.6.2, 12.1, 12.2 and 12.4.4;            the CEMS that provides a permanent
                                                                                                          ■ b. Add Sections 3.24, 3.25, and 12.2.1;             electronic record of the analyzer output. The
                                                    This action is not subject to Executive
                                                                                                          and                                                   data recorder may record other pertinent data
                                                  Order 13211 because it is not a
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                                                                                                          ■ c. Revise Section 11.2.3 in appendix A              such as effluent flow rates, various
                                                  significant regulatory action under                                                                           instrument temperatures or abnormal CEMS
                                                                                                          of Performance Specification 18.
                                                  Executive Order 12866.                                                                                        operation. The data recorder may also
                                                                                                            The revisions and additions read as                 include automatic data reduction capabilities
                                                  I. National Technology Transfer and                     follows:                                              and CEMS control capabilities.
                                                  Advancement Act                                         Appendix B to Part 60—Performance                        3.7 Diluent gas means a major gaseous
                                                                                                                                                                constituent in a gaseous pollutant mixture.
                                                    This rulemaking does not involve                      Specifications
                                                                                                                                                                For combustion sources, either carbon
                                                  technical standards.                                    *       *     *      *       *                        dioxide (CO2) or oxygen (O2) or a



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                                                                      Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations                                              31519

                                                  combination of these two gases are the major               3.20 Reference gas standard means a                12.0 Calculations and Data Analysis
                                                  gaseous diluents of interest.                           NIST-traceable gas standard containing a              12.1 Nomenclature
                                                     3.8 Dynamic spiking (DS) means the                   known concentration of HCl certified in               Ci = Zero or HCl reference gas concentration
                                                  procedure where a known concentration of                accordance with an EPA traceability protocol             used for test i (ppmv);
                                                  HCl gas is injected into the probe sample gas           in section 7.1 of this PS.                            Ci,eff = Equivalent concentration of the
                                                  stream for extractive CEMS at a known flow                 3.21 Relative accuracy (RA) means the                 reference gas value, Ci, at the specified
                                                  rate to assess the performance of the                   absolute mean difference between the gas                 conditions (ppmv);
                                                  measurement system in the presence of                   concentration or the emission rate                    CC = Confidence coefficient (ppmv);
                                                  potential interference from the flue gas                determined by the CEMS and the value                  CDextractive = Calibration drift for extractive
                                                  sample matrix.                                          determined by the RM, plus the confidence                CEMS (percent);
                                                     3.9 Independent measurement(s) means                 coefficient of a series of nine test runs,            CDIP = Calibration drift for IP–CEMS
                                                  the series of CEMS data values taken during             divided by the average of the RM or the                  (percent);
                                                  sample gas analysis separated by two times              applicable emission standard.                         CD0 = Calibration drift at zero HCl
                                                  the procedure specific response time (RT) of               3.22 Response time (RT) means the time                concentrations for an IP–CEMS (percent);
                                                  the CEMS.                                               it takes for the measurement system, while            davg = Mean difference between CEMS
                                                     3.10 Integrated path CEMS (IP–CEMS)                  operating normally at its target sample flow             response and the reference gas (ppmv);
                                                  means an in-situ CEMS that measures the gas             rate, dilution ratio, or data collection rate to      di = Difference of CEMS response and the RM
                                                  concentration along an optical path in the              respond to a known step change in gas                    value (ppmv);
                                                  stack or duct cross section.                            concentration, either from a low- or zero-            I = Total interference from major matrix stack
                                                     3.11 Interference means a compound or                level to a high-level gas concentration or               gases, (percent);
                                                  material in the sample matrix other than HCl            from a high-level to a low or zero-level gas          LSF = Line strength factor for IP–CEMS
                                                  whose characteristics may bias the CEMS                 concentration, and to read 95 percent of the             instrument specific correction for
                                                  measurement (positively or negatively). The             change to the stable instrument response.                temperature and gas matrix effects derived
                                                  interference may not prevent the sample                 There may be several RTs for an instrument               from the HITRAN and/or manufacturer
                                                  measurement, but could increase the                     related to different functions or procedures             specific database (unitless);
                                                  analytical uncertainty in the measured HCl              (e.g., DS, LOD, and ME).                              DMCavg = Average of the 3 absolute values of
                                                  concentration through reaction with HCl or                 3.23 Span value means an HCl                          the difference between the measured HCl
                                                  by changing the electronic signal generated             concentration approximately equal to two                 calibration gas concentrations with and
                                                  during HCl measurement.                                 times the concentration equivalent to the                without interference from selected stack
                                                     3.12 Interference test means the test to             emission standard unless otherwise specified             gases (ppmv);
                                                  detect CEMS responses to interferences that             in the applicable regulation, permit or other         MCi = Measured HCl reference gas
                                                                                                          requirement. Unless otherwise specified, the             concentration i (ppmv);
                                                  are not adequately accounted for in the
                                                                                                          span may be rounded up to the nearest                 MCi = Average of the measured HCl reference
                                                  calibration procedure and may cause
                                                                                                          multiple of 5.                                           gas concentration i (ppmv);
                                                  measurement bias.
                                                                                                             3.24 Standard addition means the                   MCint = Measured HCl concentration of the
                                                     3.13 Level of detection (LOD) means the
                                                                                                          addition of known amounts of HCl gas (either             HCl reference gas plus the individual or
                                                  lowest level of pollutant that the CEMS can             statically or dynamically) to the actual                 combined interference gases (ppmv);
                                                  detect in the presence of the source gas                measurement path or measured sample gas               MEextractive = Measurement error for extractive
                                                  matrix interferents with 99 percent                     stream.                                                  CEMS (percent);
                                                  confidence.                                                3.25 Zero gas means a gas or liquid with           MEIP = Measurement error for IP–CEMS
                                                     3.14 Liquid evaporative standard means a             an HCl concentration that is below the LOD               (percent);
                                                  reference gas produced by vaporizing                    of the measurement system.                            MNavg = Average concentration at all
                                                  National Institute of Standards and                                                                              sampling points (ppmv);
                                                  Technology (NIST) traceable liquid standards            *      *     *       *       *
                                                                                                          11.0 Performance Specification Test                   MNbi = Measured native concentration
                                                  of known HCl concentration and                                                                                   bracketing each calibration check
                                                  quantitatively diluting the resultant vapor                 Procedure
                                                                                                                                                                   measurement (ppmv);
                                                  with a carrier gas.                                     *      *     *       *       *                        MNi = Measured native concentration for test
                                                     3.15 Measurement error (ME) is the mean                11.5.6.5 If your system LOD field
                                                                                                                                                                   or run I (ppmv);
                                                  difference between the concentration                    verification does not demonstrate a SAR
                                                                                                                                                                n = Number of measurements in an average
                                                  measured by the CEMS and the known                      greater than or equal to your initial
                                                                                                                                                                   value;
                                                  concentration of a reference gas standard,              controlled environment LOD, you must
                                                                                                                                                                Pstack = Absolute stack pressure (mm Hg)
                                                  divided by the span, when the entire CEMS,              increase the SA concentration incrementally
                                                                                                                                                                Preference = Absolute pressure of the
                                                  including the sampling interface, is                    and repeat the field verification procedure
                                                                                                                                                                   calibration cell for IP–CEMS (mm Hg)
                                                  challenged.                                             until the SAR is equal to or greater than LOD.
                                                                                                                                                                PLCell = Path length of IP–CEMS calibration
                                                     3.16 Optical path means the route light              The site-specific standard addition detection
                                                                                                                                                                   cell (m);
                                                  travels from the light source to the receiver           level (SADL) is equal to the standard
                                                                                                          addition needed to achieve the acceptable             PLStack = Path length of IP–CEMS stack
                                                  used to make sample measurements.                                                                                optical path (m);
                                                     3.17 Path length means, for an extractive            SAR, and SADL replaces the controlled
                                                                                                          environment LOD. For extractive CEMS, the             RA = Relative accuracy of CEMS compared
                                                  optical CEMS, the distance in meters of the                                                                      to a RM (percent);
                                                  optical path within a gas measurement cell.             SADL is calculated as the ESA using
                                                                                                          Equation A7 in appendix A of this PS. For             RMi = RM concentration for test run i
                                                  For an IP–CEMS, path length means the                                                                            (ppmv);
                                                  distance in meters of the optical path that             IP–CEMS, the SADL is the SA calculated
                                                                                                          using Equation A8 in appendix A of this PS.           RMavg = Mean measured RM value (ppmv);
                                                  passes through the source gas in the stack or                                                                 S = Span value (ppmv);
                                                                                                          As described in section 13.1 of this PS, the
                                                  duct.                                                                                                         Sd = Standard deviation of the differences
                                                                                                          LOD or the SADL that replaces an LOD must
                                                     3.18 Point CEMS means a CEMS that                                                                             (ppmv);
                                                                                                          be less than 20 percent of the applicable
                                                  measures the source gas concentration, either                                                                 Sti = Stratification at traverse point i
                                                                                                          emission limit.
                                                  at a single point at the sampling probe tip or                                                                   (percent);
                                                  over a path length for IP–CEMS less than 10             *      *     *       *       *                        SADL = Standard addition detection level
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                                                  percent of the equivalent diameter of the                 11.8.6.2 For IP–CEMS, you must include                 (ppmv);
                                                  stack or duct cross section.                            the source measurement optical path while             t0.975 = One-sided t-value at the 97.5th
                                                     3.19 Stack pressure measurement device               performing the upscale CD measurement; you               percentile obtained from Table 5 in section
                                                  means a NIST-traceable gauge or monitor that            may exclude the source measurement optical               17.0 for n–1 measurements;
                                                  measures absolute pressure and conforms to              path when determining the zero gas                    Treference = Temperature of the calibration cell
                                                  the design requirements of ASME B40.100–                concentration. Calculate the CD for IP CEMS              for IP–CEMS (degrees Kelvin);
                                                  2010, ‘‘Pressure Gauges and Gauge                       using equations 4, 5, 6B, and 7 in section            Tstack = Temperature of the stack at the
                                                  Attachments’’ (incorporated by reference—               12.4.                                                    monitoring location for IP–CEM (degrees
                                                  see § 60.17).                                           *      *     *       *       *                           Kelvin).



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                                                  31520                Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations

                                                   12.2 Calculate the difference between the               without interferents for each interference gas
                                                  measured HCl concentration with and                      (or mixture) for your CEMS as:




                                                      Calculate the total percent interference as:




                                                    12.2.1 Calculate the equivalent
                                                  concentration Ci,eff using Equation 4:




                                                  *       *     *       *      *                             12.4.4 Calculate the zero CD as a percent
                                                                                                           of span for an IP–CEMS as:




                                                  *       *     *       *      *                           11.0 Calculations and Data Analysis. * * *            tracer that is present in the native source
                                                                                                           *      *     *       *       *                        emissions, calculate the dilution factor for
                                                  PS–18 Appendix A Standard Addition
                                                                                                             11.2.3 If you determine your spike                  dynamic spiking using equation A3:
                                                  Procedures
                                                  *       *     *       *      *                           dilution factor using an independent stable




                                                  *     *     *    *      *                                  4.1.5.3 Unless otherwise specified in an            ENVIRONMENTAL PROTECTION
                                                  ■ 3. In appendix F to part 60, revise                    applicable rule or permit, if the ‘above span’        AGENCY
                                                  Sections 4.1.5, 4.1.5.1, 4.1.5.3, and                    response check is conducted during the
                                                  5.2.4.2 in Procedure 6 to read as follows:               period when measured emissions are above              40 CFR Part 180
                                                                                                           span and there is a failure to collect at least
                                                  Appendix F to Part 60—Quality                            one data point in an hour due to the response
                                                  Assurance Procedures                                                                                           [EPA–HQ–OPP–2014–0853; FRL–9945–82]
                                                                                                           check duration, then determine the emissions
                                                  *       *     *       *      *                           average for that missed hour as the average           Maleic Anhydride; Exemption From the
                                                  Procedure 6. Quality Assurance                           of hourly averages for the hour preceding the         Requirement of a Tolerance




                                                                                                                                                                                                                ER19MY16.028</GPH>
                                                  Requirements for Gaseous Hydrogen Chloride               missed hour and the hour following the
                                                  (HCl) Continuous Emission Monitoring                     missed hour                                           AGENCY:  Environmental Protection
                                                  Systems Used for Compliance Determination                                                                      Agency (EPA).
                                                                                                           *      *     *       *       *
                                                  at Stationary Sources                                    5.0   Data Accuracy Assessment                        ACTION: Final rule.
                                                  *       *     *       *      *
                                                  4.0    Daily Data Quality Requirements and               *      *     *       *       *                        SUMMARY:    This regulation establishes an
                                                                                                                                                                                                                ER19MY16.027</GPH>


                                                        Measurement Standardization                           5.2.4.2 Calculate results as described in          exemption from the requirement of a
                                                        Procedures                                         section 6.4. To determine CEMS accuracy               tolerance for residues of maleic
                                                  *       *     *       *      *                           you must calculate the dynamic spiking error          anhydride (CAS Reg. No. 108–31–6)
                                                    4.1.5 Additional Quality Assurance for                 (DSE) for each of the two upscale audit gases         when used as an inert ingredient
                                                                                                                                                                                                                ER19MY16.025</GPH> ER19MY16.026</GPH>




                                                  Data above Span. Unless otherwise specified              using equation A5 in appendix A to PS–18              (stabilizer) in pesticide formulations
                                                  in an applicable rule or permit, this                    and Equation 6–3 in section 6.4 of Procedure          applied to growing crops at a maximum
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                                                  procedure must be used to assure data                    6 in appendix B to this part.                         concentration not to exceed 3.5% by
                                                  quality and may be used when significant
                                                                                                           *      *     *       *       *                        weight in the pesticide formulation.
                                                  data above span is being collected.
                                                                                                           [FR Doc. 2016–10989 Filed 5–18–16; 8:45 am]           Exponent, on behalf of Cheminova A/S,
                                                    4.1.5.1 Any time the average measured
                                                  concentration of HCl exceeds 150 percent of              BILLING CODE 6560–50–P                                submitted a petition to EPA under the
                                                  the span value for two consecutive 1-hour                                                                      Federal Food, Drug, and Cosmetic Act
                                                  averages, conduct the following ‘above span’                                                                   (FFDCA), requesting an amendment to
                                                  CEMS response check.                                                                                           an existing requirement of a tolerance.
                                                                                                                                                                                                                ER19MY16.024</GPH>




                                                  *       *     *       *      *                                                                                 This regulation eliminates the need to


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Document Created: 2018-02-07 15:01:44
Document Modified: 2018-02-07 15:01:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on August 17, 2016 without further notice, unless the EPA receives adverse comment by July 5, 2016. 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.
ContactMs. Candace Sorrell, 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) 541-1064; fax number: (919)
FR Citation81 FR 31515 
RIN Number2060-AS86
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Continuous Emission Monitoring Systems; Hydrogen Chloride; Performance Specifications and Test Methods and Procedures

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