Standards of Performance for New Stationary Sources Appendix A , Test Method 23

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-5211-5]

RIN 2060-AF00

Standards of Performance for New Stationary Sources Appendix A ,

Test Method 23

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This rule amends Method 23, entitled ``Determination of

Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans

from Stationary Sources,'' to correct existing errors in the method, to

eliminate the methylene chloride rinse of the sampling train, and to

clarify the quality assurance requirements of the method.

DATES: Comments. Comments must be received on or before August 29,

1995.

Public Hearing. If anyone contacts EPA requesting to speak at a

public hearing by June 14, 1995 a public hearing will be held on June

28, 1995, beginning at 10 a.m.

Request to Speak at Hearing. Persons wishing to present oral

testimony must contact EPA by June 14, 1995.

ADDRESSES: Comments should be submitted (in duplicate if possible) to

Public Docket No. A-94-2 at the following address: U. S. Environmental

Protection Agency, Air and Radiation Docket and Information Center,

Mail Code: 6102, 401 M Street SW., Washington, DC 20460. The Agency

requests that a separate copy also be sent to the contact person listed

below. The docket is located at the above address in room M-1500

Waterside Mall (ground floor), and may be inspected from 8:30 a.m.-12

p.m. and 1:30 p.m.-3 p.m., Monday through Friday. The proposed

regulatory text and other materials related to this rulemaking are

available for review in the docket or copies may be mailed on request

from the Air Docket by calling 202-260-7548. A reasonable fee may be

charged for copying docket materials.

Public Hearing. If anyone contacts EPA requesting a public hearing,

it will be held at EPA's Emission Measurement Laboratory, Research

Triangle Park, North Carolina. Persons interested in attending the

hearing or wishing to present oral testimony should notify Ms. Lala

Cheek (MD-19), U.S. Environmental Protection Agency, Research Triangle

Park, North Carolina 27711, telephone number (919) 541-5545.

Docket. A Docket, A-94-22, containing materials relevant to this

rulemaking, is available for public inspection and copying between 8:30

a.m.-12 p.m. and 1:30 p.m.-3 p.m., Monday through Friday, in at EPA's

Air Docket Section (LE-131), Room M-1500 Waterside Mall (ground floor)

401 M Street SW., Washington, DC. 20460. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: Gary McAlister, Emission Measurement

Branch (MD-19), Emissions, Monitoring, and Analysis Division, U.S.

Environmental Protection Agency, Research Triangle Park, North Carolina

27711, telephone (919) 541-1062.

SUPPLEMENTARY INFORMATION: The proposed regulatory text of the proposed

rule is not included in this Federal Register document, but is

available in Docket No. A-94-22 or by written or telephone request from

the Air Docket (see ADDRESSES). If necessary, a limited number of

copies of the Regulatory Text are available from the EPA contact

persons designated earlier in this document. This document with the

proposed regulatory language is also available on the Technology

Transfer Network (TTN), one of EPA's electronic bulletin boards. TTN

provides information and technology exchange in various areas of air

pollution control. The service is free except for the cost of the phone

call. Dial (919) 541-5742 for up to a 14400 bps modem. If more

information on TTN is needed, call the HELP line at (919) 541-5384.

I. Summary

Method 23 was promulgated along with the New Source Performance

Standard for municipal waste combustors (Subpart Ea). As promulgated,

the method contained some errors. This action would correct those

errors and would clarify some of the existing quality assurance

requirements. In addition, the current procedure requires rinsing of

the sampling train with two separate solvents which must be analyzed

separately. Based on data the Agency has collected since promulgation

of Method 23, we believe that one of these rinse steps and the

resulting sample fraction can be eliminated. This could save as much as

$2000 per test run in analytical costs.

II. The Rulemaking

This rulemaking does not impose emission measurement requirements

beyond those specified in the current regulations nor does it change

any emission standard. Rather, the rulemaking would simply amend an

existing test method associated with emission measurement requirements

in [[Page 28379]] the current regulations that would apply irrespective

of this rulemaking.

III. Administrative Requirements

A. Public Hearing

A public hearing will be held, if requested, to discuss the

proposed amendment in accordance with section 307(d)(5)of the Clean Air

Act. Persons wishing to make oral presentations should contact EPA at

the address given in the ADDRESSES section of this preamble. Oral

presentations will be limited to 15 minutes each. Any member of the

public may file a written statement with EPA before, during, or within

30 days after the hearing. Written statements should be addressed to

the Air Docket Section address given in the ADDRESSES section of this

preamble.

A verbatim transcript of the hearing and written statements will be

available for public inspection and copying during normal working hours

at EPA's Air Docket Section in Washington, DC (see ADDRESSES section of

this preamble).

B. Docket

The docket is an organized and complete file of all the information

considered by EPA in the development of this rulemaking. The docket is

a dynamic file, since material is added throughout the rulemaking

development. The docketing system is intended to allow members of the

public and industries involved to identify and locate documents readily

so that they may effectively participate in the rulemaking process.

Along with the statement of basis and purpose of the proposed and

promulgated test method revisions and EPA responses to significant

comments, the contents of the docket, except for interagency review

materials, will serve as the record in case of judicial review [Section

307(d)(7)(A)].

C. Executive Order 12866 Review

Under Executive Order (E.O.) 12866, the EPA must determine whether

the proposed regulatory action is ``significant'' and therefore,

subject to the Office of Management and Budget (OMB) review and the

requirements of the Executive Order. The Order defines ``significant''

regulatory action as one that is likely to lead to a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety in State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

Pursuant to the terms of Executive Order 12866, OMB has determined

that this proposed rule is not ``significant'' because the annual

effect on the economy will not exceed $100 million.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) of 1980 requires the

identification of potentially adverse impacts of Federal regulations

upon small business entities. The RFA specifically requires the

completion of an analysis in those instances where small business

impacts are possible. This rulemaking does not impose emission

measurement requirements beyond those specified in the current

regulations, nor does it change any emission standard. Because this

rulemaking imposes no adverse economic impacts, an analysis has not

been conducted.

Pursuant to the provision of 5 U.S.C. 605(b), I hereby certify that

the promulgated rule will not have an impact on small entities because

no additional costs will be incurred.

E. Paperwork Reduction Act

This rule does not change any information collection requirements

subject to Office of Management and Budget review under the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501 et seq.

F. Statutory Authority

The statutory authority for this proposal is provided by sections

111 and 301(a) of the Clean Air Act, as amended: 42 U.S.C., 7411 and

7601(a).

List of Subjects in 40 CFR Part 60

Environmental protection, Administrative practice and procedure,

Air pollution control, Aluminum, Ammonium sulfate plants, Batteries ,

Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry

cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass

and glass products, Grains, Graphic arts industry, Heaters, Household

appliances, Insulation, Intergovernmental relations, Iron, Labeling,

Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals,

Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide,

Paper and paper products industry, Particulate matter, Paving and

roofing materials, Petroleum, Phosphate, Plastics materials and

synthetics, Polymers, Reporting and recordkeeping requirements, Sewage

disposal, Steel, Sulfur oxides, Sulfuric acid plants, Tires, Urethane,

Vinyl, Volatile organic compounds, Waste treatment and disposal, Zinc.

Dated: May 22, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95-13153 Filed 5-30-95; 8:45 am]

BILLING CODE 6560-50-P