Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 42819 

SIP revision, or a portion thereof, EPA 

must promulgate a FIP no later than 2 

years from the date of the finding if the 

deficiency has not been corrected. 

VII. What Future Actions/Options Are 

Available for New York Regarding an 

Approvable 8-Hour Ozone SIP? 

As discussed in this proposed 

rulemaking action, EPA has proposed 

certain determinations on some SIP 

components included in New York’s 8- 

hour Ozone SIP submittals. EPA’s 

proposed determinations are based on 

EPA’s technical evaluation of the 

submittals and take into consideration 

the appropriate requirements pursuant 

to the Act, EPA rules and regulations, 

guidance and policy. EPA makes the 

following suggestions for correcting the 

identified deficiencies and 

strengthening New York’s SIP. 

Adoption of Control Measures 

New York included in its 8-hour 

ozone SIP submittals an enforceable 

commitment to adopt specific measures 

within a specified timeframe such that 

the emission reductions would be 

achieved in time to assist in reducing 

ozone precursors for RFP and to achieve 

attainment as expeditiously as 

practicable. In this rulemaking, EPA is 

proposing to disapprove New York’s 

RACT and RACM SIP submittal as they 

relate to a commitment to adopt and 

implement those additional measures. 

EPA encourages New York to accelerate 

its rulemaking process and adopt 

control measures prior to the 

commitment date of March 2010 for the 

RACT and RACM measures that have 

been identified and committed to by 

New York in order to achieve RFP and 

attainment of the 8-hour ozone standard 

as expeditiously as practicable, provide 

for cleaner air for the public and meet 

Clean Air Act requirements. 

VIII. What Is the Status of New York’s 

Reclassification Request? 

EPA is in the process of evaluating 

New York’s April 4, 2008 request to 

reclassify the New York–Northern New 

Jersey–Long Island, NY–NJ–CT 8-hour 

ozone nonattainment area from 

moderate to serious. Because this is a 

multi-state nonattainment area, EPA is 

evaluating its options in how best to 

proceed with addressing New York’s 

request. Recently, EPA proposed to 

disapprove the attainment 

demonstrations submitted by New 

Jersey and Connecticut (74 FR 21578 

and 74 FR 21568, respectively) for the 

remaining portions that make up the 

entire New York–Northern New Jersey– 

Long Island, NY–NJ–CT 8-hour ozone 

nonattainment area. 

While New York included in its 

February 8, 2008 8-hour ozone SIP 

submittal SIP elements consistent with 

a reclassification or serious 

classification schedule for achieving 

attainment (i.e., RFP plan for 2011, 2012 

and attainment demonstration for 2013), 

EPA is not acting on any of those 

elements that go beyond the Act 

requirements associated with a 

moderate area classification. EPA will 

address New York’s reclassification 

request and the other relevant SIP 

elements in one or more separate 

proposed actions in the near future. 

IX. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L.104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Oxides of 

Nitrogen, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 14, 2009. 

Barbara A. Finazzo, 

Acting Regional Administrator, Region 2. 

[FR Doc. E9–20394 Filed 8–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2008–0697; FRL–8948–9] 

RIN 2060–AP08 

Revisions to Test Method for 

Determining Stack Gas Velocity Taking 

Into Account Velocity Decay Near the 

Stack Walls 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to revise the 

voluntary test method for determining 

stack gas velocity taking into account 

the velocity decay near the stack or duct 

walls. When the method was originally 

developed, it addressed only sources 

where the flow measurements were 

made in locations with circular crosssections. The proposed revised test 

method addresses flow measurement 

locations with both circular and 

rectangular cross-sections. The 

proposed revisions also include changes 

that increase the accuracy of the method 

and simplify its application. The 

primary users of the proposed method 

are likely to be owners and operators of 

utility units subject to the Acid Rain 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
42820 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 

Program under Title IV of the Clean Air 

Act; and certain large electric generating 

units and large non-electric generating 

units that are subject to the nitrogen 

oxides (NOX) state implementation plan 

(SIP) call under Title I of the Clean Air 

Act. These sources use volumetric stack 

flow rate monitors in order to measure 

sulfur dioxide (SO2) and NOX mass 

emissions and unit heat input, and must 

conduct periodic relative accuracy test 

audits (RATAs) of the flow rate 

monitors at these units. 

DATES: Comments must be received on 

or before October 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

HQ–OAR–2008–0697, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-Docket@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OAR–2008–0697 

• Fax: 202–566–9744, Attention 

Docket ID. No. EPA–HQ–OAR–2008– 

0697. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mail Code: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC, 20460, Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0697. Please include a total of two 

copies. 

• Hand Delivery: Deliver your 

comments to: EPA Docket Center, 1301 

Constitution Ave., NW., Room 3334, 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–OAR–2008– 

0697. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0697. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket. All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jason M. DeWees, US EPA, Office of Air 

Quality Planning and Standards, Air 

Quality Assessment Division, 

Measurement Technology Group (E143– 

02), Research Triangle Park, NC 27711; 

telephone (919) 541–9724; fax number 

(919) 541–0516; e-mail address 

dewees.jason@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Does This Action Apply to Me? 

II. What Should I Consider as I Prepare My 

Comments for EPA? 

III. Where Can I Obtain a Copy of This 

Action? 

IV. Background 

V. Why Is EPA Revising Method 2H? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

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 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 

I. Does This Action Apply to Me? 

Entities potentially affected by this 

action include those listed in Table 1. 

TABLE 1—ENTITIES POTENTIALLY AFFECTED BY THIS ACTION

Category NAICSa Examples of regulated entities 

Industry ...................................... 221112 Fossil fuel-fired electric utility steam generating units. 

Federal government ................... b 221122 Fossil fuel-fired electric utility steam generating units owned by the Federal government. 

State/local governments ............ b 221122 Fossil fuel-fired electric utility steam generating units owned by municipalities. 

Tribal governments .................... 921150 Fossil fuel-fired electric utility steam generating units in Indian country. 

a North American Industry Classification System. 

bFederal, State, or local government-owned and operated establishments are classified according to the activity in which they are engaged. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this proposed rule. If you 

have any questions regarding the 

applicability of this proposed rule to a 

particular entity, consult either the air 

permit authority for the entity or your 


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EPA regional representative as listed in 

40 CFR 63.13. 

II. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark any of the information that you 

claim to be CBI. For CBI information in 

a disk or CD ROM that you mail to 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. 

2. 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 

Code of Federal Regulations (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. 

III. Where Can I Obtain a Copy of This 

Action? 

In addition to being available in the 

docket, an electronic copy of this 

proposed rule is also available on the 

World Wide Web through the 

Technology Transfer Network (TTN). 

Following the Administrator’s signature, 

a copy of this proposed rule will be 

posted on the TTN’s policy and 

guidance page for newly proposed or 

promulgated rules at http:// 

www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

IV. Background 

In 1999, EPA promulgated three new 

stack flow test methods (64 FR 26484, 

May 14, 1999) designed to provide 

additional measurement options and 

increased accuracy by accounting for 

velocity decay at the wall and yaw and 

pitch angled flow. One of the methods, 

Determination of Stack Gas Velocity 

Taking Into Account Velocity Decay 

Near The Stack Wall (Method 2H), was 

intended to address an inherent bias 

when stack flow is measured in 

accordance with the equal area traverse 

procedure in Reference Method 1. The 

traverse point selection procedure in 

Method 1 provided a reasonable 

assessment of the average flow in the 

central portion of the stack, but it did 

not account for viscous shear that 

causes the velocity to drop off 

significantly near the stack walls. 

Method 2H allowed sources to make 

near wall measurements in order to 

calculate a wall effects adjustment factor 

(WAF) to correct the test method flow 

to account for the velocity decay near 

the stack wall. Unfortunately, Method 

2H could only be used on circular 

stacks. At that time, the effort focused 

on developing and testing a method for 

applications where flow is measured in 

stacks with circular cross-sections, 

which represented the vast majority of 

the affected sources. The procedures did 

not address flow measurements in 

rectangular ducts even though the same 

viscous shear wall effect occurred in 

those locations, and the related bias was 

even more pronounced due to the 

geometry. 

In 2003, EPA released Conditional 

Test Method 041 (CTM–041) based on a 

method developed by Electric Power 

Research Institute (EPRI) to address wall 

effects when flow is measured in 

rectangular ducts. In addition to filling 

a void in the flow reference methods, 

CTM–041 included a number of 

improvements over EPA Reference 

Method 2H. Since its release, the 

method has been successfully used by 

many sources through a petition 

process. 

V. Why Is EPA Revising Method 2H? 

EPA proposes to revise Method 2H to 

incorporate the measurement and 

calculation procedures included in 

CTM–041 for rectangular duct flow 

measurement locations. EPA is 

proposing to make this change based on 

the results of the field-testing performed 

by EPRI during the method’s initial 

development and the successful 

application of these procedures at many 

sources since the CTM–041 was 

released. Incorporating these procedures 

will eliminate the need for the petition 

process, which owner or operators of 

rectangular duct sources seeking to 

address wall effects related bias must 

currently use. 

The proposed revisions harmonize the 

procedures for circular and rectangular 

measurement locations and extend the 

improvements in CTM–041 to circular 

stacks. The proposed revised method 

does not require testing at multiple 

loads since there is no apparent load or 

flow rate levels (Reynolds Number) 

related effect. Under the proposed 

revisions, WAF testing does not need to 

be coupled with a Relative Accuracy 

Test Audit (RATA), allowing some 

sources to avoid the potential 

difficulties and problems associated 

with trying to measure wall effects using 

Methods 2F or 2G. Since the factors that 

significantly influence wall effects will 

not change appreciably over time, a 

WAF can continue to be used unless 

major modifications are made to the 

duct or stack and the RATA continues 

to include the same number of traverse 

points on which the WAF was based. 

The logarithmic-overlap law has long 

been used to model flow near walls. As 

expected, the logarithmic-overlap law 

demonstrated excellent correlation with 

wall effects data from both agency and 

industry studies. The proposed revised 

method harnesses the accuracy of the 

logarithmic-overlap law in two ways. 

First, the proposed method includes an 

option where the logarithmic-overlap 

law is used to categorize near-wall 

velocities based on a limited number of 

measurements. This proposed approach 

solves a problem in the current method, 

where a full WAF assessment cannot be 

made if the ports protrude into the 

stack. 

Secondly, the logarithmic-overlap law 

is also used, along with a few 

conservative assumptions, to develop 

stack specific default WAF values. This 

proposed option yields conservative 

WAF values that, unlike the ‘‘one-sizefits-all’’ defaults in the current version 

of Method 2H, take into consideration 

stack or duct geometry and velocity 

profile issues. The stack specific default 

factors do not offer sources the full 

velocity correction of the full WAF 

assessment option, but the stack specific 

default factors option is a reasonable 

approach for applications where 

additional measurements would be 

difficult. 

Another proposed change to the 

method is the way the WAFs are 

applied under the revised method. 

Presently, the adjustment is applied 


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only to the RATA flow values. Under 

the revised method, the WAF is applied 

as an adjustment to the cross-sectional 

area value used both to calculate the 

continuous emissions monitors and 

reference method flows. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866—Regulatory 

Planning and Reviews 

This proposed action is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735, October 4, 1993) and is, 

therefore, not subject to review under 

the Executive Order. 

B. Paperwork Reduction Act 

This proposed action does not impose 

an information collection burden under 

the provisions of the Paperwork 

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

Burden is defined at 5 CFR 1320.3(b). 

The proposed amendments do not 

contain any reporting or recordkeeping 

requirements. 

C. Regulatory Flexibility Act 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impact 

of this proposed rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administration’s regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This action proposes to revise the test 

method for velocity decay at the stack 

or duct wall in 40 CFR part 60, 

Appendix A–2. The use of this method 

is a voluntary addition to the required 

volumetric flow rate methods. 

Therefore, this action does not impose 

any requirements on small entities. The 

small entities affected by this proposed 

rule are small businesses, small 

governmental jurisdictions and small 

non-profits that operate facilities that 

currently voluntarily choose to use 

Method 2H. EPA anticipates that the 

proposed revised method will only be 

used by small entities if the use of the 

revised method results in overall cost 

savings due to the voluntary nature of 

the method. 

Although this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of this rule on small entities. 

We continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action proposes to revise the test 

method for velocity decay at the stack 

or duct wall in 40 CFR part 60. The use 

of this method is a voluntary addition 

to the required volumetric flow rate 

methods. 

E. Executive Order 13132—Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ 

This proposed rule 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, as specified in 

Executive Order 13132. Because this 

method is an alternative method, its use 

is voluntary. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comments on this 

proposed rule from State and local 

officials. 

F. Executive Order 13175—Consultation 

and Coordination with Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). In this action, EPA is simply 

proposing to revise an existing, optional 

test method. Thus, Executive Order 

13175 does not apply to this rule. 

EPA specifically solicits additional 

comment on this proposed action from 

tribal officials. 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 29885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 


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bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

EPA is not proposing a new test 

method in this rulemaking but is 

revising an existing optional method 

that is used in conjunction with 

methods already mandated for 

evaluating compliance with current 

emission standards. EPA is not aware of 

any voluntary consensus standards that 

would address the specific need. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

J. Executive Order 12898—Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. 

This action only revises an existing 

optional method that is used in 

conjunction with methods already 

mandated for evaluating compliance 

with current emission standards. 

List of Subjects in 40 CFR Part 60 

Environmental protection, Air 

pollution control, Continuous emission 

monitors, New sources, Performance 

specifications, Test methods and 

procedures. 

Dated: August 18, 2009. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7410, 7414, 7421, 

7470–7479, 7491, 7492, 7601 and 7602. 

2. Amend Appendix A–2 by revising 

Method 2H to read as follows: 

Appendix A–2 to Part 60 —Test 

Methods 2G Through 3C 

* * * * * 

Method 2H—Determination of STACK GAS 

VELOCITY Taking Into Account Velocity 

Decay Near the Stack Walls 

1.0 Scope and Application 

1.1 This method may be applied when 

determining volumetric flow to account for 

velocity decay near the walls. Adherence to 

the requirements of this method will enhance 

the quality of the data obtained from air 

pollutant sampling methods. 

1.2 This method includes provisions to 

account for wall effects at circular stack and 

rectangular duct measurement locations. If 

the reference method flow is measured in a 

stack with a circular cross section, follow the 

procedures in this method for circular stacks. 

If the reference method flow is measured in 

a duct with a rectangular cross section follow 

the procedures in this method for rectangular 

ducts. All provisions in this method apply to 

both circular stack and rectangular duct 

measurement applications unless otherwise 

specified. 

1.3 This method is not applicable for 

testing circular stacks or ducts less than 3.3 

ft (1.0 m) in diameter, or rectangular stacks 

or ducts less than 8.5 ft2 (0.79 m2) in area. 

[The terms ‘‘stack’’ and ‘‘duct’’ are and can 

be used interchangeably throughout this 

method.] 

2.0 Summary of Method 

2.1 A wall effects adjustment factor 

(WAF) is determined. The WAF is used to 

adjust the cross-sectional area value used to 

calculate volumetric flow based on reference 

method or continuous emission monitoring 

system (CEMS) gas velocity measurements to 

take into account velocity decay near the 

stack or duct walls. 

2.2 The method contains a calculation 

approach to derive wall effects adjustment 

factors based on either measured velocities or 

a combination of measured and modeled 

velocities. The method also contains 

procedures to determine a duct or stack 

specific default based on conservative 

velocity estimates, requiring no additional 

velocity measurements. Unless a duct or 

stack specific default is used, any adjustment 

factor must be based on at least three wall 

effect test runs. 

2.3 The wall effects test may be 

conducted as part of a relative accuracy test 

audit (RATA) or as a separate test procedure. 

Any WAF that is derived using this 

procedure can only be applied to calculate 

volumetric flows in conjunction with 

velocity values from RATAs consisting of the 

same number (or fewer) of Method 1 of 

Appendix A–1 traverse points used to 

determine the WAF or from a CEMS for 

which such a RATA has been conducted. A 

wall effects test must be completed whenever 

the stack or ductwork is altered such that the 

flow profile is significantly changed. 

3.0 Definitions 

3.1 dlast means, depending on context, 

either (1) the distance from the wall of the 

last one-inch incremented wall effects 

traverse point or (2) the traverse point located 

at that distance (see Figures 2H–3 and 2H– 

4). 

3.2 drem means, depending on context, 

either (1) the distance from the wall of the 

centroid of the area between dlast and the 

interior edge of the Method 1 of Appendix 

A–1 equal-area sector closest to the wall or 

(2) the traverse point located at that distance 

(see Figure 2H–3). For rectangular duct 

measurement locations, more than one drem

point may be required (see Figure 2H–4): 

3.2.1 dremy represents drem for the wall 

perpendicular to the test port wall. 

3.2.2 dremx represents drem for the test port 

wall. 

3.2.3 dremc represents drem for the Method 

1 corner equal-area sector. 

3.3 ‘‘May,’’ ‘‘Must,’’ ‘‘Shall,’’ ‘‘Should,’’ 

and the imperative form of verbs. 

3.3.1 ‘‘May’’ is used to indicate that a 

provision of this method is optional. 

3.3.2 ‘‘Must,’’ ‘‘Shall,’’ and the imperative 

form of verbs (such as ‘‘record’’ or ‘‘enter’’) 

are used to indicate that a provision of this 

method is mandatory. 

3.3.3 ‘‘Should’’ is used to indicate that a 

provision of this method is not mandatory 

but is highly recommended as good practice. 

3.4 Method 1 refers to 40 CFR Part 60, 

Appendix A–1, ‘‘Method 1–Sample and 

Velocity Traverses for Stationary Sources.’’ 

3.5 Method 2 refers to 40 CFR Part 60, 

Appendix A–1, ‘‘Method 2–Determination of 

Stack Gas Velocity and Volumetric Flow Rate 

(Type S Pitot Tube).’’ 

3.6 Method 2F refers to 40 CFR Part 60, 

Appendix A–1, ‘‘Method 2F–Determination 

of Stack Gas Velocity and Volumetric Flow 

Rate with Three-Dimensional Probes.’’ 

3.7 Method 2G refers to 40 CFR Part 60, 

Appendix A–2, ‘‘Method 2G–Determination 

of Stack Gas Velocity and Volumetric Flow 

Rate with Two-Dimensional Probes.’’ 

3.8 One-inch incremented wall effects 

traverse point means any of the wall effects 

traverse points that are located at one-inch 

intervals, i.e., traverse points d1 through dlast

(see Figures 2H–3 and 2H–4). 

3.9 Opposing test port wall means the 

wall that is parallel to the test port wall on 

the opposite side of the duct or stack. 

3.10 Relative accuracy test audit (RATA) 

is a field test procedure performed in a stack 

or duct in which a series of concurrent 

measurements of the same effluent stream is 

taken by a reference method and an installed 

monitoring system. A RATA usually consists 

of a series of 9 to 12 sets of such concurrent 

measurements, each of which is referred to 

as a RATA run. In a volumetric flow RATA, 

each reference method run consists of a 

complete traverse of the stack or duct. 


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3.11 Test port wall means the wall of the 

duct or stack in which test ports are 

mounted. 

3.12 Wall effects unadjusted average 

velocity means the average gas velocity, not 

accounting for velocity decay near the wall, 

as determined in accordance with Method 2, 

2F, or 2G for a Method 1 traverse. 

3.13 Wall effects adjusted average 

velocity means the average gas velocity, 

taking into account velocity decay near the 

wall, as calculated from measurements at the 

Method 1 traverse points and at the 

additional wall effects traverse points 

specified in this method. 

3.14 Wall effects traverse point means a 

traverse point located in accordance with 

Section 8.1.2 of this method. 

4.0 Interferences [Reserved] 

5.0 Safety 

This method may involve hazardous 

materials, operations, and equipment. This 

method does not purport to address all of the 

health and safety considerations associated 

with its use. It is the responsibility of the 

user of this method to establish appropriate 

health and safety practices and to determine 

the applicability of occupational health and 

safety regulatory requirements prior to 

performing this method. 

6.0 Equipment and Supplies 

The provisions pertaining to equipment 

and supplies in the method that is used to 

take the traverse point measurements (i.e., 

Method 2, 2F, or 2G of Appendix A–1 and 

A–2) are applicable under this method. 

7.0 Reagents and Standards [Reserved] 

8.0 Sample Collection and Analysis 

8.1 Traverse Point Locations and 

Measurements. Conduct measurements at 

Method 1 of Appendix A–1 and wall effects 

traverse points in accordance with Method 2, 

2F, or 2G of Appendix A–1 and A–2 and 

Section 8.2 of this method. Determine the 

location of the Method 1 of Appendix A–1 

traverse points in accordance with Section 

8.1.1, and the location of the wall effects 

traverse points in accordance with Section 

8.1.2. The alternative procedures of Section 

8.3 may be used in lieu of performing all the 

measurements specified in this section. All 

traverse points are determined with respect 

to the test ports used when conducting 

RATAs. 

8.1.1 Method 1 equal-area traverse point 

locations. Determine the location of the 

Method 1 of Appendix A–1 equal-area 

traverse points using Table 1–1 (Cross 

Section Layout for Rectangular Stacks) or 

Table 1–2 (Location of Traverse Points in 

Circular Stacks) in Method 1 of Appendix A– 

1, as appropriate, and the procedure 

described in Section 11.3 of Method 1 of 

Appendix A–1. 

8.1.2 Wall effects traverse point locations. 

Measurements must be taken at the following 

points from at least four test ports. 

Measurements may be taken from any 

available test port, provided that all 

measurements are made in the same test 

plane and that at least four test ports are 

used. For the purpose of this method, near 

wall measurements are excluded from test 

ports where the flow is disturbed at a 

required traverse point located in the equal 

area nearest the test port wall because 

upstream cross-bracing (or some other 

disturbance) near the traverse location is 

directly in-line with the required traverse 

point. If necessary or desired, near wall 

measurements can be made from ports 

located on more than one duct wall on 

rectangular ducts or stacks. 

8.1.2.1 Circular stack wall effects traverse 

point locations: 

(a) One-inch increments from the wall. At 

least one increment point must be measured. 

Measurements may be taken at any number 

of additional one-inch increments, provided 

that each point must be located at a distance 

that is a whole number (e.g., 1, 2, 3) multiple 

of 1 in. (2.5 cm) from the wall and that no 

one-inch intervals are omitted between 

increments. 

(b) drem, as determined using Equation 2H– 

1. 

(c) dM1, the distance of the first Method 1 

of Appendix A–1 equal area traverse point 

closest from the test port wall. Measurements 

need not be repeated if already required 

under Section 8.1.1. 

8.1.2.2 Rectangular duct wall effects 

traverse point locations: 

(a) One-inch increments from the wall. At 

least one increment point must be measured. 

Measurements may be taken at any number 

of additional one-inch increments, provided 

that each point must be located at a distance 

that is a whole number (e.g., 1, 2, 3) multiple 

of 1 in. (2.5 cm) from the wall and that no 

one-inch intervals are omitted between 

increments. 

(d) dremx, as determined using Equation 2H– 

3. 

(e) dremy, as determined using Equation 2H– 

5. 

(f) dM1y, the distance between the wall 

perpendicular to the test port wall and the 

centroid of the Method 1 exterior equal-area 

sector adjacent to that wall as determined 

using Equation 2H–7. 

(g) dM1, the distance of the first Method 1 

of Appendix A–1 equal area traverse point 

closest from the test port wall. Measurements 

need not be repeated if already required 

under Section 8.1.1. 

8.1.2.3 If the probe cannot be positioned 

at 1 in. (2.5 cm) from the wall (e.g., because 

of insufficient room to withdraw the probe 

shaft) or if the flue gas velocity cannot be 

measured at 1 in. (2.5 cm) from the wall 

because the port extends beyond the wall 

into the stack or duct, take measurements at 

the one-inch incremented wall effects 

traverse point closest to the wall where the 

probe can be positioned and the velocity 

probe head clears the port. It should be noted 

that the full extent of velocity decay may not 

be accounted for if measurements cannot be 

made at the 1-in. incremented wall effects 

traverse points closest to the wall. 

8.1.2.4 For circular stack measurement 

locations, calculate the distance drem to 

within ±1⁄4 in. (6.4 mm): 

d r p

p

r rd d rem last last = − ⎛ −

⎝

⎜ ⎞

⎠

⎟ − +

1 1

2

2 2 Eq. 2H-1

Where: 

r = stack or duct radius in in. (cm) 

p = the number of Method 1 of Appendix A– 

1 equal area traverse points on a 

diameter, (e.g., for a 16-point traverse, 

p = 8) 

8.1.2.5 For circular stack measurement 

locations, the last one-inch interval, dlast, 

must not be closer to the center of the stack 

or duct than the distance of the interior 

boundary, db, of the Method 1 of Appendix 

A–1 equal area closest to the wall. That is, 

dlast ≤ db, where: 

d r

p b = −− ⎛

⎝

⎜

⎜

⎞

⎠

⎟

⎟ 1 1 2 Eq. 2H-2

8.1.2.6 For rectangular duct measurement 

locations, calculate the following distances to 

within ±1⁄4 in. (6.4 mm): 

d d

d d

remx last

bx last

= + ( ) −

2 Eq. 2H-3

(a) drem

Where: 

dbx = the distance from the test port wall to 

the interior edge of the Method 1 of 

Appendix A–1 equal-area sector closest 

to that wall (Equation 2H–4) 

dlast = the distance from the test port wall to 

the last one-inch measurement farthest 

from that wall as defined in Section 3.1. 

(If dlast > dbx, then substitute the greatest 

one-inch interval less than or equal to dbx

in the preceding equation to calculate 

dremx.) 

d L

P bx

x

x

= Eq. 2H-4

Where: 

Lx = length of the duct or stack in the 

direction perpendicular to the test port 

wall (see Figure 2H–2) 

Px = number of traverse points at each test 

port as determined by Method 1 of 

Appendix A–1 

(b) dremy


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d d

d d

remy last

by last

= + ( ) −

2 Eq. 2H-5

Where: 

dby = the distance from the wall 

perpendicular to the test port wall to the 

interior edge of the Method 1 of 

Appendix A–1 equal-area sector closest 

to that wall (Equation 2H–6) 

dlast = the distance from the test port wall to 

the last one-inch measurement farthest 

from that wall as defined in Section 3.1. 

(If dlast > dby, then substitute the greatest 

one-inch interval less than or equal to dby

in the preceding equation to calculate 

dremy.) 

d

L

P by

y

y

= Eq. 2H-6

Where: 

Ly = length of the duct or stack in the 

direction parallel to the test port wall 

(see Figure 2H–2) 

Py = number of test ports required by Method 

1 of Appendix A–1 along a single wall 

(c) dM1y

d

d

M y

by

1 2 = Eq. 2H-7

8.1.3 Special considerations. The 

following special considerations apply when 

the distance between traverse points is less 

than or equal to 1⁄2 in. (12.7 mm). 

8.1.3.1 A wall effects traverse point and 

the Method 1 of Appendix A–1 traverse 

point. If the distance between a wall effects 

traverse point and the Method 1 of Appendix 

A–1 traverse point is less than or equal to 1⁄2

in. (12.7 mm), taking measurements at both 

points is allowed but not required or 

recommended. If measurements are taken at 

only one point, take the measurements at the 

point that is farther from the wall, and use 

the velocity obtained at that point as the 

value for both points. 

8.1.3.2 drem and dlast. If the distance 

between dlast and drem (or, for rectangular 

ducts, dremx, dremy, or dremc) is less than or 

equal to 1⁄2 in. (12.7 mm), taking 

measurements at drem is allowed but not 

required or recommended. If measurements 

are not taken at drem, the measured velocity 

value at dlast must be used as the value for 

both dlast and drem. 

8.1.3.3 dremx and dremy. If the distance 

between the two drem points is less than or 

equal to 1⁄2 in (12.7 mm), taking 

measurements at each of the affected points 

is allowed but not required or recommended. 

If measurements are not taken at each of the 

affected drem points, the measured velocity 

may be taken at one of them and substituted 

for the remaining point. 

8.2 Traverse Point Sampling Order and 

Probe Selection. Determine the sampling 

order of the Method 1 of Appendix A–1 and 

wall effects traverse points, and select the 

appropriate probe(s) for the measurements, 

taking into account the following 

considerations. 

8.2.1 To reduce the likelihood of velocity 

variation and its potential impact on the wall 

effect determinations, the following 

provisions of this method shall be met. 

8.2.1.1 All wall effects traverse points 

specified in Section 8.1.2 shall be sampled 

without interruption. 

8.2.1.2 During each run, the entire 

integrated Method 1 and wall effects traverse 

across all test ports shall be as short as 

practicable. 

8.2.2 The same type of probe must be 

used to take measurements at all Method 1 

of Appendix A–1 and wall effects traverse 

points. However, different probes of the same 

type may be used at different ports (e.g., Type 

S probe 1 at port A, Type S probe 2 at port 

B) or at different traverse points accessed 

from a particular port (e.g., Type S probe 1 

for Method 1 of Appendix A–1 interior 

traverse points accessed from port A, Type S 

probe 2 for wall effects traverse points and 

the Method 1 of Appendix A–1 exterior 

traverse point accessed from port A). The 

identification number of the probe used to 

obtain measurements at each traverse point 

must be recorded. 

8.3 Alternative Measurement Reduction 

Approaches (Optional). The following 

alternatives may be used to reduce the 

number of measurements required to 

calculate WAF values. The velocities 

calculated using these alternative approaches 

will be used in conjunction with the 

procedures in Section 12 to determine WAF 

values. 

8.3.1 In lieu of taking measurements at 

each point, Equation 2H–8 may be used to 

calculate velocities for each one-inch interval 

and all other points (e.g., dremx) that are less 

than 12 in. (30 cm) from the test port wall 

based on the velocity measured at the first 

available one-inch interval that is at least two 

in. from the wall and the velocity measured 

12 in. (30 cm) from the wall. 

V V VV

d

y d =− − ( ) ( )

( ) 2 21

1

1 12

1 12

n

n

Eq. 2H-8

/

/

Where: 

Vd = velocity at distance d from wall, ft/s 

(m/s) 

V1 = velocity measured at the closest 

available one-inch interval that is at least 

two in. from the wall, ft/s (m/s) 

V2 = velocity measured at a distance of 12 in. 

(30 cm) from the wall, ft/s (m/s) 

y1 = distance of the closest available one-inch 

interval that is at least two in. from the 

wall, in. (cm/2.54) 

d = distance d from wall, in. (cm/2.54) 

8.3.2 Duct or stack specific WAF default 

values may be determined in conjunction 

with the procedures of Section 12 using 

velocity values calculated in the following 

manner. 

V V d =

+ ( )

+ ( )

⎡

⎣

⎢

⎢

⎢

⎢

⎤

⎦

⎥

⎥

⎥

⎥

2

1

1

n

0.0024

8.5

n

0.0024

8.5 2

d 0.41

y 0.41

Eq. 2H-9

Where: 

Vd = velocity at distance d from wall, ft/s 

(m/s) 

V2 = velocity measured at the first regular 

equal area traverse point, ft/s (m/s) 

y2 = reference distance determined in 

accordance with 8.3.2(a) or (b), in. (cm/ 

2.54) 

d = distance d from wall, in. (cm/2.54) 

(a) Calculate the velocity at the near wall 

one-inch intervals (1 in. to 12 in.) using 

Equation 2H–9. Use y2 = distance from the 

wall of the first Method 1 of Appendix A– 

1 equal area traverse point minus 0.5 in. (1.27 

cm) unless the distance is greater than 12 in. 

(30 cm) then use y2 = 12 in. (30 cm). If y2

is less than one in. (2.54 cm), use y2 = 1 in. 

(2.54 cm). 

(b) Calculate the velocities at the drem, 

dremx, dremy, and dM1y locations using 

Equation 2H–9. Use y2 = distance from the 

wall of the first regular equal area traverse 

point. If the respective distance (drem, dremx, 

dremy, or dM1y) is greater than 12 in. (30 cm) 

but less than the distance from the wall of 

the first Method 1 of Appendix A–1 equal 

area traverse point, substitute the velocity 

measured at the first Method 1 of Appendix 

A–1 equal area traverse point for desired 

velocity. 

9.0 Quality Control 

9.1 Verifying Traverse Point Distances. In 

taking measurements at wall effects traverse 


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42826 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 

points, it is very important for the probe 

impact pressure port to be positioned as close 

as practicable to the traverse point locations 

in the gas stream. For this reason, before 

beginning wall effects testing, it is important 

to calculate and record the traverse point 

positions that will be marked on each probe 

(or programmed for automated probes) for 

each port, taking into account the distance 

that each port nipple (or probe mounting 

flange for automated probes) extends out of 

the stack or duct and any extension of the 

port nipple (or mounting flange) into the gas 

stream. Ensure that the distance of each mark 

from the center of the probe impact pressure 

port agrees with the previously calculated 

traverse point positions to within ± 1⁄2 in. (6.4 

mm). 

9.2 Probe Installation. Properly sealing 

the port area is particularly important in 

taking measurements at wall effects traverse 

points. For testing involving manual probes, 

the area between the probe sheath and the 

port should be sealed with a tightly fitting 

flexible seal made of an appropriate material 

such as heavy cloth so that leakage is 

minimized. For automated probe systems, the 

probe assembly mounting flange area should 

be checked to verify that there is no leakage. 

9.3 Velocity Stability. This method 

should be performed only when the average 

gas velocity in the stack or duct is relatively 

constant over the duration of the test. If the 

average gas velocity changes significantly 

during the course of a wall effects test, the 

test results should be discarded. 

10.0 Calibration 

The calibration coefficient(s) or curves 

obtained under Method 2, 2F, or 2G of 

Appendix A–1 and A–2 and used to perform 

the Method 1 of Appendix A–1 traverse are 

applicable under this method. 

11.0 Analytical Procedure 

Sample collection and analysis are 

concurrent for this method (see Section 8). 

12.0 Data Analysis and Calculations 

The following calculations shall be 

performed to obtain a WAF. 

12.1 Nomenclature. The following terms 

are listed in the order in which they appear 

in Equations 2H–10 through 2H–23. 

vˆ X = stack or duct gas point velocity value, 

adjusted for wall effects, at Method 1 of 

Appendix A–1 traverse point location 

(dM1) for the exterior equal-area sectors 

adjacent to the test port wall, actual ft/ 

sec (m/sec); 

vd = the measured stack gas velocity at 

distance d from the wall, actual ft/sec 

(m/sec); Note: v0 = 0; 

r = stack or duct radius in in. (cm) 

d = distance of a 1-in. incremented wall 

effects traverse point from the wall, for 

traverse points d1 through dlast, in. (cm); 

δ = distance between one-inch intervals, 1 

in., (2.5 cm); 

vdrem = the measured stack gas velocity at 

distance drem from the test port wall, 

actual ft/sec (m/sec); 

dlast = distance from the wall of the last 1- 

in. incremented wall effects traverse 

point, in. (cm); 

p = the number of Method 1 of Appendix A– 

1 equal area traverse points on a 

diameter, (e.g., for a 16-point traverse, p 

= 8); 

dbx = distance from the test port wall to the 

interior edge of the Method 1 of 

Appendix A–1 equal-area sector closest 

to that wall (see Equation 2H–4); 

ndremx = the measured stack gas velocity at 

distance dremx from the test port wall, 

actual ft/sec (m/sec); 

vlast = the measured stack gas velocity at 

distance dlast from the wall, actual ft/sec 

(m/sec); 

n√ y = stack or duct gas point velocity value, 

adjusted for wall effects, dM1y from the 

test port wall, actual ft/sec (m/sec); 

ndremy = the measured stack gas velocity at 

distance dremy from the test port wall, 

actual ft/sec (m/sec); 

dby = distance from the wall perpendicular to 

the test port wall to the interior edge of 

the Method 1 of Appendix A–1 equalarea sector closest to that wall (see 

Equation 2H–6); 

vˆ c = stack or duct gas point velocity value, 

adjusted for wall effects, at dM1 or dM1y

(whichever is less) from the test port 

wall, actual ft/sec (m/sec); 

vˆ dremc = the measured stack gas velocity at a 

distance of dremx for corner test ports or 

at a distance of dremx if dM1 ≤ dm1y or dremy

if dM1 >dM1y for non-corner test ports, 

actual ft/sec (m/sec); 

Cx = wall effects adjustment factor for a single 

traverse for all Method 1 of Appendix A– 

1 non-corner, exterior equal-area sectors 

adjacent to the test port wall and the 

opposing test port wall, dimensionless; 

nx = total number of test ports where near 

wall measurements are made; 

vx = stack or duct gas point velocity value, 

unadjusted for wall effects, at Method 1 

of Appendix A–1 traverse point location 

(dM1) for the exterior equal-area sectors 

adjacent to the test port wall, actual ft/ 

sec (m/sec); 

j = index test ports where near wall 

measurements are made; 

Cy = wall effects adjustment factor for a single 

traverse for Method 1 of Appendix A–1 

non-corner, exterior equal-area sectors 

adjacent to the walls perpendicular to 

the test port wall, dimensionless; 

vy = stack or duct gas point velocity value, 

unadjusted for wall effects, at dM1y from 

the test port wall, actual ft/sec (m/sec); 

C*c = wall effects adjustment factor for a 

single traverse for Method 1 of Appendix 

A–1 corner equal-area sectors that 

excludes the impact of greater intense 

shear in the duct corners, dimensionless; 

vc = stack or duct gas point velocity value, 

unadjusted for wall effects, at dM1 for 

corner test ports or at dM1 or dM1y

(whichever distance is less) from for 

non-corner test ports, actual ft/sec (m/ 

sec); 

Ccadj = an adjustment factor applied to C*c to 

account for the impact of greater intense 

shear in the duct corners, calculated in 

accordance with Section 12.9, 

dimensionless; 

Cc = wall effects adjustment factor for a single 

traverse for Method 1 of Appendix A–1 

corner equal-area sectors including the 

impact of greater intense shear in the 

duct corners, dimensionless; 

i = index of Method 1 of Appendix 

A–1 equal-area traverse points; 

vˆi = stack or duct gas point velocity value, 

adjusted for wall effects, at Method 1 of 

Appendix A–1 equal-area sector i, actual 

ft/sec (m/sec); 

vi = stack or duct gas point velocity value, 

unadjusted for wall effects, at Method 1 

of Appendix A–1 equal-area sector i, 

actual ft/sec (m/sec); 

Ci = wall effects adjustment factor for Method 

1 of Appendix A–1 equal-area sector i, 

dimensionless; 

n = total number of traverse points in the 

Method 1 of Appendix A–1 traverse; 

vavg = the average stack or duct gas velocity, 

unadjusted for wall effects, actual ft/sec 

(m/sec); 

vˆ avg = the average stack or duct gas velocity, 

adjusted for wall effects, actual ft/sec (m/ 

sec); 

WAF = the overall wall effects adjustment 

factor derived from vavg and vˆ avg for a 

single traverse, dimensionless; 

WAF = wall effects adjustment factor that is 

applied to the cross-sectional area value 

used to calculate wall effects-adjusted 

volumetric flow based on reference 

method or CEMS velocity measurements, 

dimensionless; 

Qadj = the total stack or duct gas volumetric 

flow rate, adjusted for wall effects, actual 

ft3/sec (m3/sec); 

Qadjstd = the total stack or duct gas volumetric 

flow rate corrected to standard 

conditions, adjusted for wall effects, scf/ 

sec (scm/sec); 

A = duct or stack cross-sectional area at 

measurement location, ft2; 

Tavg = average flue gas temperature, °R (°K) 

[°R = 460 + °F (°K = 273 + °C)]; 

Tstd = standard temperature, 528 °R (293 °K); 

Pavg = average absolute flue gas pressure, in. 

Hg (mm Hg); 

Pstd = standard absolute pressure, 29.92 in. 

Hg (760 mm Hg); 

12.2 For circular stack measurement 

locations, calculate the wall effects adjusted 

velocities for the Method 1 of Appendix A– 

1 equal area sectors adjacent to the test port 

wall using Equation 2H–10: 


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12.3 For rectangular duct measurement 

locations, calculate the wall effects adjusted 

velocities for the Method 1 of Appendix A– 

1 equal area sectors adjacent to the test port 

wall using the following equations. 

12.3.1 Calculate the wall effects adjusted 

velocity, vˆ x, for each of the Method 1 of 

Appendix A–1 equal-area sectors adjacent to 

the test port wall using Equation 2H–11. If 

dlast > dbx, substitute the greatest one-inch 

interval less than dbx for dlast. 

12.3.2 Calculate the wall effects adjusted 

velocity,vˆ y, for each of the Method 1 of 

Appendix A–1 equal-area sectors adjacent to 

the test port wall using Equation 2H–12. If 

dlast > dby, substitute the greatest one-inch 

interval less than dby for dlast. 

12.3.3 Calculate the wall effects adjusted 

velocity, vˆ c, for each of the Method 1 of 

Appendix A–1 equal-area sectors adjacent to 

the test port wall using Equation 2H–13. If 

dlast > dbx or dlast > dby, substitute the greatest 

one-inch interval less than dbx or dby

(whichever is less) for dlast. 

12.4 For rectangular duct measurement 

locations, calculate the velocity correction 

factors for the Method 1 of Appendix A–1 

equal area sectors adjacent to the test port 

wall using the following equations. If any of 

the test ports are located 12 or less in. from 

an adjacent wall (or ash layer), then reduce 

nx by the number of those ports and 

substitute that value for nx in the following 

equations. 

12.4.1 Calculate the wall effects 

correction factor, Cx, for Method 1 of 

Appendix A–1 non-corner equal-area sectors 

adjacent to the test port wall and the 

opposing test port wall using Equation 2H– 

14. 

12.4.2 Calculate the wall effects 

correction factor, Cy, for Method 1 of 

Appendix A–1 non-corner equal-area sectors 

adjacent to the walls perpendicular to the test 

port wall using Equation 2H–15. 

12.4.3 Calculate the wall effects 

correction factor, C*c, for all Method 1 of 

Appendix A–1 corner equal-area sectors 

using Equation 2H–16. 

12.5 For circular stacks, determine the 

velocity for each Method 1 of Appendix A– 

1 equal-area sector, vˆi, adjusted for wall 

effects in the following manner: 

(a) For equal area sectors adjacent to the 

test port wall that are used for normal 

reference method flow testing, vˆi=vˆ x, where vˆ x

is calculated using Equation 2H–10. 

(b) For interior equal area sectors, vˆi=vi. 

(c) If, in accordance with section 8.1.2, 

near wall measurements are excluded from 

any test ports that are used for normal 

reference method flow testing (or no test port 

is available for any exterior Method 1 of 

Appendix A–1 equal area sector), the wall 

effects adjusted velocities for the excluded 

Method 1 of Appendix A–1 equal area sectors 

is calculated as vˆi=v1× Cx. Calculate CX using 

Equation 2H–14. 

12.6 For rectangular ducts, calculate the 

velocity in each Method 1 of Appendix A– 

1 equal-area sector, vˆi, adjusted for wall 

effects, using Equation 2H–17: 

Where: 

Ci is the appropriate correction factor for the 

given Method 1 of Appendix A–1 equalarea sector: 

Ci = 1 for Method 1 of Appendix A–1 interior 

equal-area sectors 

Ci = Cx for Method 1 of Appendix A–1 noncorner, exterior equal-area sectors 

adjacent to the test port wall or the 

opposing test port wall 

Ci = Cy for Method 1 of Appendix A–1 noncorner, exterior equal-area sectors 

adjacent to the walls perpendicular to 

the test port wall 

Ci = Cc for Method 1 of Appendix A–1 corner 

equal-area sectors. Cc = C*c × Ccadj (See 

Section 12.9) 

12.7 Calculate the wall adjustment factor, 

WAF, using Equations 2H–18 through 2H–20. 

12.7.1 Calculate the average stack or duct 

gas velocity that does not account for velocity 

decay near the wall (vavg using Equation 2H– 

18. 

12.7.2 Calculate the average stack or duct 

gas velocity, adjusted for wall effects, vˆ avg, 

using Equation 2H–19. 

12.7.3 Calculate the wall effects 

adjustment factor, WAF, using Equation 2H– 

20. 

12.8 Applying a Wall Effects Adjustment 

Factor. A calculated wall effects adjustment 

factor may be used to adjust the average flue 

gas volumetric flow obtained using Methods 

2, 2F, or 2G of Appendix A–1 and A–1 or 


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42828 Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 

CEMS measurements to take into account velocity decay near the wall of stacks or 

ducts using Equation 2H–21a or 2H–21b. 

Q v WAF A adj avg = × ( ) Eq. 2H-21a

Q v T

T

P

P adj WAF A std avg

std

avg

avg

std

= × ( ) Eq. 2H-21b

The wall effects adjustment factor, WAF, 

shown in Equation 2H–21a and 2H–21b, 

must be the arithmetic average of WAF 

values obtained during at least three wall 

effects test runs unless a stack or duct 

specific WAF default factor is calculated in 

accordance with Section 8.3.2. A WAF can 

only be applied when calculating volumetric 

flows based on velocity data from RATAs 

consisting of the same number (or fewer) of 

Method 1 of Appendix A–1 traverse points 

used to determine the WAF or from a CEMS 

for which such a RATA has been conducted. 

The WAF must be reassessed whenever the 

stack or ductwork is altered such that the 

flow profile is significantly changed. 

12.9 Corner Correction. For rectangular 

duct measurement locations: A default value 

of Ccadj = 0.995 may be used for any duct to 

account for the more intense viscous shear in 

the corner regions. Alternatively, calculate a 

duct specific Ccadj using Equation 2H–22: 

C

D

D cadj

eff

h

=− −

⎛

⎝

⎜

⎜

⎜

⎜

⎞

⎠

⎟

⎟

⎟

⎟

⎡

⎣

⎢

⎢

⎢

⎢

⎤

⎦

⎥

⎥

⎥ 1 0 25 1 3 7

3 7

2

.

log .

log .

ε

ε

⎥

Eq. 2H-22

Where: 

Dh = hydraulic diameter, ft (m); 4 × crosssectional area/perimeter 

Deff = effective diameter including corner 

impact; Deff = [64/(fRe)]Dh

e = average duct surface roughness, ft (m) 

Calculate Deff, using the value for friction 

constant, fRe, from the Table 1, interpolating 

as needed. The parameter b/a is the duct 

aspect ratio, where b represents the smaller 

of the two stack or duct dimensions. 

TABLE 1—FRICTION CONSTANTS FOR

RECTANGULAR DUCTS

b/a f Re b/a f Re 

0.00 96.00 0.25 72.93 

0.05 89.91 0.40 65.47 

0.10 84.68 0.50 62.19 

0.125 82.34 0.75 57.89 

0.167 78.81 1.00 56.91 

Calculate the average stack or duct surface 

roughness, e, based on the surface roughness 

values calculated for each test port location 

using the Equation 2H–23: 

ε = ⎛

⎝

⎜ ⎞

⎠

⎟

−

e

y V

V V 8 5 0 41 1

2

2 1

12

.(. ) Eq. 2H-23

Where: 

V1 = velocity measured at the closest 

available one-inch interval from the wall, 

ft/s (m/s) 

V2 = velocity measured at a distance of 12 in. 

(30 cm) from the wall, ft/s (m/s) 

y1 = distance of the closest available one-inch 

interval from the wall, in. (cm) 

13.0 Method Performance [Reserved] 

14.0 Pollution Prevention [Reserved] 

15.0 Waste Management [Reserved] 

16.0 Reporting 

16.1 Field Test Reports. Field test reports 

shall be submitted to the Agency according 

to the applicable regulatory requirements. 

When this method is performed in 

conjunction with Method 2, 2F, or 2G of 

Appendix A–1 and A–2 to derive a wall 

effects adjustment factor, a single 

consolidated field test report should be 

prepared. At a minimum, the consolidated 

field test report should contain (1) all of the 

general information, and data for Method 1 

of Appendix A–1 points, specified in Section 

16.0 of Method 2F of Appendix A–1 (when 

this method is used in conjunction with 

Method 2F of Appendix A–1) or Section 16.0 

of Method 2G of Appendix A–2 (when this 

method is used in conjunction with Method 

2 or 2G of Appendix A–1 and A–2) and (2) 

the additional general information, and data 

for Method 1 of Appendix A–1 points and 

wall effects points, specified in this section 

(some of which are included in Section 16.0 

of Methods 2F and 2G of Appendix A–1 and 

A–2 and are repeated in this section to 

ensure complete reporting for wall effects 

testing). 

16.2 Data for each run. The following run 

values should also be included in the field 

test report. 

(a) Average velocity for run, accounting for 

wall effects, vˆ avg. 

(b) Wall effects adjustment factor derived 

from a test run, WAF. 

16.3 Quality Assurance and Control. 

Quality assurance and control procedures, 

specifically tailored to wall effects testing, 

should be described. 

16.4 Reporting a Default Wall Effects 

Adjustment Factor. [Reserved] 

17.0 References 

17.1 Impact of Viscous Shear Wall Effects 

on Flow Measurements in Rectangular Ducts, 

EPRI, Palo Alto, CA: 2003. 10076649. 

17.2 Norfleet, Stephen K. CTM–041 and 

Potential Revisions to EPA Reference Method 

2H, 2005 EPRI CEMS Users Group Meeting, 

Savannah, Georgia, May 2005. 

17.3 Norfleet, Stephen K. Correcting Flow 

Measurements for Wall Effects in Rectangular 

Ducts and Stacks, 2003 EPRI CEM Users 

Group Meeting, San Diego, California, May 

2003. 

17.4 White, Frank M. Fluid Mechanics, 

2nd ed., McGraw-Hill, New York. 1986. 

17.5 EPA Flow Reference Method Testing 

and Analysis: Findings Report, U.S. EPA, 

Acid Rain Division, EPA/430–R–99–009a, 

May 1999. 

17.6 40 CFR Part 60, Appendix A–1, 

‘‘Method 1—Sample and Velocity Traverses 

for Stationary Sources.’’ 

17.7 40 CFR Part 60, Appendix A–1, 

‘‘Method 2—Determination of Stack Gas 

Velocity and Volumetric Flow Rate (Type S 

Pitot Tube).’’ 

17.8 40 CFR Part 60, Appendix A–1, 

‘‘Method 2F—Determination of Stack Gas 

Velocity and Volumetric Flow Rate with 

Three-Dimensional Probes.’’ 

17.9 40 CFR Part 60, Appendix A–2, 

‘‘Method 2G—Determination of Stack Gas 

Velocity and Volumetric Flow Rate with 

Two-Dimensional Probes.’’ 

BILLING CODE 6560–50–P 


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Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules 42831 

[FR Doc. E9–20395 Filed 8–24–09; 8:45 am] 

BILLING CODE 6560–50–C 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

42 CFR Part 3 

RIN 0991–AB53 

Patient Safety and Quality 

Improvement: Civil Money Penalty 

Inflation Adjustment 

AGENCY: Office for Civil Rights, Office of 

the Secretary, HHS. 

ACTION: Proposed rule. 

SUMMARY: The Department of Health and 

Human Services is publishing this 

companion proposed rule to the direct 

final rule, published elsewhere in this 

issue of the Federal Register, which 

amends the Patient Safety and Quality 

Improvement Rule by adjusting for 

inflation the maximum civil money 

penalty amount for violations of the 

confidentiality provisions of the Rule. 

We are proposing to amend the penalty 

amount to comply with the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990. 

DATES: Submit written or electronic 

comments on this proposed rule by 

September 24, 2009. If significant 

adverse comment is received on this 

proposed rule or the direct final rule 

(discussed in the SUPPLEMENTARY

INFORMATION section), OCR will publish 

a timely withdrawal of the direct final 

rule in the Federal Register. 

ADDRESSES: Send comments to one of 

the following addresses. Please do not 

submit duplicate comments. We will 

treat a comment directed to either the 

direct final rule or proposed rule as 

being directed towards both, therefore 

there is no need to submit comments on 

both documents. 

• Federal eRulemaking Portal: You 

may submit electronic comments at 

http://www.regulations.gov. Follow the 

instructions for submitting electronic 

comments. Attachments should be in 

Microsoft Word, WordPerfect, or Excel; 

however, we prefer Microsoft Word. 

• Regular, Express, or Overnight Mail: 

You may mail written comments (one 

original and two copies) to the following 

address only: U.S. Department of Health 

and Human Services, Office for Civil 

Rights, Attention: PSQIA CMP 

Adjustment (RIN 0991–AB53), Hubert 

H. Humphrey Building, Room 509F, 200 

Independence Avenue, SW., 

Washington, DC 20201. Mailed 

comments may be subject to delivery 

delays due to security procedures. 

Please allow sufficient time for mailed 

comments to be timely received in the 

event of delivery delays. 

• Hand Delivery or Courier: If you 

prefer, you may deliver (by hand or 

courier) your written comments (one 

original and two copies) to the following 

address only: Office for Civil Rights, 

Attention: PSQIA CMP Adjustment (RIN 

0991–AB53), Hubert H. Humphrey 

Building, Room 509F, 200 

Independence Avenue, SW., 

Washington, DC 20201. (Because access 

to the interior of the Hubert H. 

Humphrey Building is not readily 

available to persons without Federal 

government identification, commenters 

are encouraged to leave their comments 

in the mail drop slots located in the 

main lobby of the building.) 

Inspection of Public Comments: All 

comments received before the close of 

the comment period will be available for 

public inspection, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We will post all comments 

received before the close of the 

comment period at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Andra Wicks, 202–205–2292. 

SUPPLEMENTARY INFORMATION: 

I. Use of a Direct Final Rule 

The Department has chosen to 

concurrently issue this proposed rule as 

a direct final rule because we do not 

expect to receive any significant adverse 

comment on the rule. A direct final rule 

is a rule that provides an opportunity 

for comment and then automatically 

becomes effective on a later date if no 

significant adverse comments are 

received. We do not anticipate 

significant adverse comments because 

this rule’s amendment is required by the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461 

note, as amended by the Debt Collection 

Improvement Act of 1996 (31 U.S.C. 

3701)) (Inflation Adjustment Act), and 

the Department has no discretion in 

how it calculates the adjustment. 

We are providing a 30-day comment 

period for both this proposed rule and 

the direct final rule. If no significant 

adverse comments are received, we will 

take no further action on this proposed 

rule and the direct final rule will 

become effective 60 days later. If we do 

not receive any significant adverse 

comments in response to the direct final 

rule or this proposed rule, the direct 

final rule will become effective on the 

date set forth in the DATES section of that 

rule. If we receive significant adverse 

comments on this proposed rule or the 

direct final rule, we will publish a 

document withdrawing the direct final 

rule in the Federal Register prior to that 

date. 

If we withdraw the direct final rule 

based on the receipt of any significant 

adverse comments, we will publish a 

final rule based on this proposed rule 

and any comments to the proposed or 

direct final rule. 

The Department will not provide 

additional opportunity for comment. 

II. Background 

The Patient Safety and Quality and 

Improvement Act of 2005 (Patient Safety 

Act), 42 U.S.C. 299b–21 to 299b–26, 

amended Title IX of the Public Health 

Service Act, 42 U.S.C. 299 et seq., the 

authorizing statute for the Agency for 

Healthcare Research and Quality. The 

Patient Safety Act creates a voluntary 

program through which health care 

providers can share information related 

to patient safety events and concerns 

(known as patient safety work product 

(PSWP)) with patient safety 

organizations (PSOs) for the purpose of 

improving patient safety and the quality 

of care nationwide. The Patient Safety 

Act requires the Department of Health 

and Human Services (‘‘HHS’’ or ‘‘the 

Department’’) to maintain a listing of 

PSOs. The Patient Safety Act provides 

that PSWP is both privileged and 

confidential. While participation in the 

patient safety program is voluntary, a 

violation of the Patient Safety Act’s 

confidentiality requirements is subject 

to a civil money penalty (CMP) of up to 

$10,000. 42 U.S.C. 299b–22(f). 

On November 21, 2008, the 

Department promulgated regulations to 

implement the Patient Safety Act. 73 FR 

70732, Nov. 21, 2008, adding 42 CFR 

part 3. The regulations provide for the 

listing and delisting of PSOs, the 

confidentiality and privilege protections 

of PSWP, and procedures for 

enforcement against violations of the 

regulations’ confidentiality 

requirements. In particular, under 

§ 3.404, a person who discloses 

identifiable PSWP in knowing or 

reckless violation of the Patient Safety 

Act and 42 CFR part 3 shall be subject 

to a CMP of not more than $10,000 for 

each act constituting a violation. 

The Agency for Healthcare Research 

and Quality administers the provisions 

of the regulations relating to PSOs. The 

Office for Civil Rights investigates and 

enforces compliance with the 

confidentiality provisions and, if 

warranted, may assess CMPs for 

knowing or reckless violations of 

confidentiality. 


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