Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28439 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2010–0873; FRL–9909–98– 

OAR] 

RIN 2060–AH23 

Quality Assurance Requirements for 

Continuous Opacity Monitoring 

Systems at Stationary Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action promulgates 

quality assurance and quality control 

(QA/QC) procedures (referred to as 

Procedure 3) for continuous opacity 

monitoring systems (COMS) used to 

demonstrate continuous compliance 

with opacity standards specified in new 

source performance standards (NSPS) 

issued by the EPA pursuant to section 

111(b) of the Clean Air Act (CAA), 

Standards of Performance for New 

Stationary Sources. 

DATES: This final rule is effective on 

November 12, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2010–0873. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically at 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, William J. 

Clinton West Building, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. The Docket Facility 

and Public Reading Room are open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Air Docket is 

(202) 566–1742, and the telephone 

number for the Public Reading Room is 

(202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lula H. Melton, 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) 

541–2910; fax number: (919) 541–0516; 

email address: melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

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

C. Judicial Review 

II. Background 

III. Summary of Procedure 3 

IV. Public Comments on Proposed Procedure 

3 

V. 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 

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 

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 

I. General Information 

A. Does this action apply to me? 

Procedure 3 applies to COMS used to 

demonstrate continuous compliance 

with opacity standards specified in 

NSPS promulgated by the EPA pursuant 

to section 111(b) of the CAA, 42 U.S.C. 

7411(b). 

B. 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). Following the 

Administrator’s signature, a copy of the 

final rule will be placed 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. A redline strikeout 

document that compares this final rule 

to the proposed rule has also been 

added to the docket. 

C. Judicial Review 

Under section 307(b)(1) of the CAA, 

judicial review of this final rule is 

available by filing a petition for review 

in the United States Court of Appeals 

for the District of Columbia Circuit by 

July 15, 2014. Under section 

307(d)(7)(B) of the CAA, only an 

objection to this final rule that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

Moreover, under section 307(b)(2) of the 

CAA, the requirements that are the 

subject of this final rule may not be 

challenged later in civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

II. Background 

Procedure 3 results in national 

consistency in the application of QA/QC 

procedures by applicable sources using 

COMS. We published a direct final rule 

and a parallel proposed rule for 

Procedure 3 in the Federal Register on 

February 14, 2012. The public comment 

period was originally scheduled to end 

on March 15, 2012, but was extended to 

April 30, 2012, at the request of several 

commenters. On March 28, 2012, the 

EPA withdrew the direct final rule 

based on the receipt of adverse 

comments on the parallel proposed rule. 

III. Summary of Procedure 3 

This final rule codifies Procedure 3 in 

40 CFR part 60, Appendix F. Procedure 

3 establishes requirements for daily 

instrument zero and upscale drift 

checks, daily status indicator checks, 

quarterly performance audits, and 

annual zero alignments, and requires 

source owners and operators to have a 

corrective action in place for 

malfunctioning COMS. In addition, 

Performance Specification 1 (which is 

the initial certification for COMS) 

provides requirements for the design, 

performance, and installation of a 

COMS and data computation 

procedures for evaluating the 

acceptability of a COMS. The 

requirements in Procedure 3 are 

modeled after manufacturers’ 

maintenance recommendations. As a 

result, the EPA believes that most, if not 

all, owners/operators are already 

following procedures similar to those 

specified in Procedure 3. Therefore, 

there are no additional costs, or 

reporting burden, associated with 

implementing Procedure 3. 

IV. Public Comments on Proposed 

Procedure 3 

The EPA received 27 comments from 

state agencies, industry, and non-profit 

organizations. Nine commenters noted 

support for Procedure 3. Several 

commenters requested clarity with 

regard to applicability, so the 


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applicability statement is revised to 

indicate that Procedure 3 applies to 

COMS used to demonstrate continuous 

compliance with opacity standards in 

NSPS’s only. More than half of the 

commenters stated that the 60-day 

compliance deadline is not enough time 

in cases where training is necessary or 

QA/QC plans need to be developed. In 

response, the EPA has extended the 

deadline to 180 days. Several 

commenters asked that we clarify the 

temporal definitions for the daily, 

quarterly, and annual audits because 

some units do not operate 24 hours a 

day, 7 days a week. In response, the 

temporal definitions are revised. Several 

commenters noted that a fault status 

indicator does not necessarily mean that 

data are invalid. The EPA agrees that a 

status indicator is a warning that 

opacity readings are nearing the limit 

and that the data are not necessarily 

invalid, so language that indicated the 

data would be considered invalid has 

been removed. Several commenters 

requested that we delete the 

requirement to remove the COMS to 

conduct zero alignment audits claiming 

that removing the COMS from the stack 

exposes it to potential damage and 

presents a safety hazard. However, the 

EPA believes that the zero alignment 

audit needs to be done off-stack 

annually unless a source owner or 

operator chooses the alternative that 

allows the installation of an external 

zero device that allows COMS removal 

from the stack every three years. Also, 

based on conversations with 

manufacturers, the EPA believes that the 

risks for damage when removing the 

COMS from the stack are minimal. 

Therefore, the requirement to remove 

the COMS to conduct zero alignment 

audits is finalized as proposed. 

Individual comments, as well as the 

EPA’s summary and response to the 

public comments, are available for 

public viewing in the docket under 

Docket ID No. EPA–HQ–OAR–2010– 

0873. 

V. 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’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This 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 

requirements in applicable regulations 

are broad enough to include the 

information collection requirements 

specified in Procedure 3. In addition, 

the requirements in Procedure 3 are 

modeled after manufacturers’ 

maintenance recommendations. As a 

result, the EPA believes that most, if not 

all, owners/operators are already 

following procedures similar to those 

specified in Procedure 3. Therefore, 

there are no additional costs, or 

reporting burden, associated with 

implementing Procedure 3. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (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 accessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) 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-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This final rule will not impose any 

additional requirements on small 

entities. This action establishes quality 

assurance/quality control procedures for 

continuous opacity monitoring systems 

used for compliance purposes. 

D. Unfunded Mandates Reform Act 

This rule does not contain a federal 

mandate that may result in expenditures 

of $100 million or more for state, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

Rules establishing quality assurance 

requirements impose no costs 

independent from national emission 

standards which require their use, and 

such costs are fully reflected in the 

regulatory impact assessment for those 

emission standards. Thus, this rule is 

not subject to the requirements of 

sections 202 or 205 of UMRA. 

This rule 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. 

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, as specified in 

Executive Order 13132. This action 

establishes quality assurance procedures 

for continuous opacity monitoring 

systems used to demonstrate continuous 

compliance with opacity standards as 

specified in new source performance 

standards (NSPS) promulgated by EPA 

pursuant to section 111(b) of the Clean 

Air Act, 42 U.S.C. 7411(b). It does not 

add any emission limits and does not 

affect pollutant emissions or air quality. 

Thus, Executive Order 13132 does not 

apply to this action. 

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). This action establishes quality 

assurance procedures for continuous 

opacity monitoring systems. It does not 

add any emission limits and does not 

affect pollutant emissions or air quality. 

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 EO 13045 (62 FR 

19885, 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 EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 


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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 the 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 bodies. The NTTAA directs 

the EPA to provide Congress, through 

OMB, explanations when the agency 

decides not to use available and 

applicable voluntary consensus 

standards. 

This rulemaking involves technical 

standards. Therefore, the agency 

conducted a search to identify 

potentially applicable voluntary 

consensus standards. However we 

identified no such standards except 

ASTM D6216–12, and none were 

brought to our attention in comments. 

Therefore, the EPA has decided to use 

ASTM D6216–12. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 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. 

The EPA has determined that this 

final 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 rule 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. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). This rule will be effective 

November 12, 2014. 

List of Subjects in 40 CFR Part 60 

Air pollution control, Environmental 

protection, Continuous opacity 

monitoring. 

Dated: May 9, 2014. 

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—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

■ 2. Appendix F of part 60 is amended 

by adding Procedure 3 to read as 

follows: 

Appendix F to Part 60—Quality 

Assurance Procedures 

* * * * * 

Procedure 3—Quality Assurance 

Requirements for Continuous Opacity 

Monitoring Systems at Stationary Sources 

1.0 What are the purpose and applicability 

of Procedure 3? 

The purpose of Procedure 3 is to establish 

quality assurance and quality control (QA/

QC) procedures for continuous opacity 

monitoring systems (COMS). Procedure 3 

applies to COMS used to demonstrate 

continuous compliance with opacity 

standards specified in new source 

performance standards (NSPS) promulgated 

by EPA pursuant to section 111(b) of the 

Clean Air Act, 42 U.S.C. 7411(b)—Standards 

of Performance for New Stationary Sources. 

1.1 What are the data quality objectives 

of Procedure 3? The overall data quality 

objective (DQO) of Procedure 3 is the 

generation of valid and representative 

opacity data. Procedure 3 specifies the 

minimum requirements for controlling and 

assessing the quality of COMS data submitted 

to us or the delegated regulatory agency. 

Procedure 3 requires you to perform periodic 

evaluations of a COMS performance and to 

develop and implement QA/QC programs to 

ensure that COMS data quality is maintained. 

1.2 What is the intent of the QA/QC 

procedures specified in Procedure 3? 

Procedure 3 is intended to establish the 

minimum QA/QC requirements to verify and 

maintain an acceptable level of quality of the 

data produced by COMS. It is presented in 

general terms to allow you to develop a 

program that is most effective for your 

circumstances. 

1.3 When must I comply with Procedure 

3? You must comply with Procedure 3 no 

later than November 12, 2014. 

2.0 What are the basic functions of 

Procedure 3? 

The basic functions of Procedure 3 are 

assessment of the quality of your COMS data 

and control and improvement of the quality 

of the data by implementing QC requirements 

and corrective actions. Procedure 3 provides 

requirements for: 

(1) Daily instrument zero and upscale drift 

checks and status indicators checks; 

(2) Quarterly performance audits which 

include the following assessments: 

(i) Optical alignment, 

(ii) Calibration error, and 

(iii) Zero compensation. 

Sources that achieve quality assured data for 

four consecutive quarters may reduce their 

auditing frequency to semi-annual. If a 

performance audit is failed, the source must 

resume quarterly testing for that audit 

requirement until it again demonstrates 

successful performance over four consecutive 

quarters. 

(3) Annual zero alignment. 

3.0 What special definitions apply to 

Procedure 3? 

The definitions in Procedure 3 include 

those provided in Performance Specification 

1 (PS–1) of Appendix B of this part and 

ASTM D6216–12 and the following 

additional definitions. 

3.1 Out-of-control periods. Out-of-control 

periods mean that one or more COMS 

parameters falls outside of the acceptable 

limits established by this rule. 

(1) Daily Assessments. Whenever the 

calibration drift (CD) exceeds twice the 

specification of PS–1, the COMS is out-ofcontrol. The beginning of the out-of-control 

period is the time corresponding to the 

completion of the daily calibration drift 

check. The end of the out-of-control period 

is the time corresponding to the completion 

of appropriate adjustment and subsequent 

successful CD assessment. 

(2) Quarterly and Annual Assessments. 

Whenever an annual zero alignment or 

quarterly performance audit fails to meet the 


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criteria established in paragraphs (2) and (3) 

of section 10.4, the COMS is out-of-control. 

The beginning of the out-of-control period is 

the time corresponding to the completion of 

the performance audit indicating the failure 

to meet these established criteria. The end of 

the out-of-control period is the time 

corresponding to the completion of 

appropriate corrective actions and the 

subsequent successful audit (or, if applicable, 

partial audit). 

4.0 What interferences must I avoid? 

Opacity cannot be measured accurately in 

the presence of condensed water vapor. 

Thus, COMS opacity compliance 

determinations cannot be made when 

condensed water vapor is present, such as 

downstream of a wet scrubber without a 

reheater or at other saturated flue gas 

locations. Therefore, COMS must be located 

where condensed water vapor is not present. 

5.0 What do I need to know to ensure the 

safety of persons using Procedure 3? 

Those implementing Procedure 3 may be 

exposed to hazardous materials, operations 

and equipment. Procedure 3 does not purport 

to address all of the safety issues associated 

with its use. It is your responsibility to 

establish appropriate health and safety 

practices and determine the applicable 

regulatory limitations before performing this 

procedure. You should consult the COMS 

user’s manual for specific precautions to 

take. 

6.0 What equipment and supplies do I 

need? 

The equipment and supplies that you need 

are specified in PS–1. You are not required 

to purchase a new COMS if your existing 

COMS meets the requirements specified in 

Procedure 3. 

7.0 What reagents and standards do I need? 

The reagents and standards that you need 

are specified in PS–1. You are not required 

to purchase a new COMS if your existing 

COMS meets the requirements specified in 

Procedure 3. 

8.0 What sample collection, preservation, 

storage, and transport are relevant to this 

procedure? [Reserved] 

9.0 What quality control measures are 

required by this procedure for my COMS? 

You must develop and implement a QC 

program for your COMS. Your QC program 

must, at a minimum, include written 

procedures which describe in detail complete 

step-by-step procedures and operations for 

the activities in paragraphs (1) through (4): 

(1) Procedures for performing drift checks, 

including both zero and upscale drift and the 

status indicators check, 

(2) Procedures for performing quarterly 

performance audits, 

(3) A means of checking the zero alignment 

of the COMS, and 

(4) A program of corrective action for a 

malfunctioning COMS. The corrective action 

must include, at a minimum, the 

requirements specified in section 10.5. 

9.1 What QA/QC documentation must I 

have? You are required to keep the QA/QC 

written procedures required in section 9.0 on 

site and available for inspection by us, the 

state, and/or local enforcement agencies. 

9.2 What actions must I take if I fail QC 

audits? If you fail two consecutive annual 

audits, two consecutive quarterly audits, or 

five consecutive daily checks, you must 

either revise your QC procedures or 

determine if your COMS is malfunctioning. 

If you determine that your COMS is 

malfunctioning, you must take the necessary 

corrective action as specified in section 10.5. 

If you determine that your COMS requires 

extensive repairs, you may use a substitute 

COMS provided the substitute meets the 

requirements in section 10.6. 

10.0 What calibration and standardization 

procedures must I perform for my COMS? 

(1) You must perform daily system checks 

to ensure proper operation of system 

electronics and optics, light and radiation 

sources and detectors, electric or electromechanical systems, and general stability of 

the system calibration. Daily is defined as 

any portion of a calendar day in which a unit 

operates. 

(2) You must subject your COMS to a 

performance audit to include checks of the 

individual COMS components and factors 

affecting the accuracy of the monitoring data 

at least once per QA operating quarter. A QA 

operating quarter is a calendar quarter in 

which a unit operates at least 168 hours. 

(3) At least annually, you must perform a 

zero alignment by comparing the COMS 

simulated zero to the actual clear path zero. 

Annually is defined as a period wherein the 

unit is operating at least 28 days in a 

calendar year. The simulated zero device 

produces a simulated clear path condition or 

low-level opacity condition, where the 

energy reaching the detector is between 90 

and 110 percent of the energy reaching the 

detector under actual clear path conditions. 

10.1 What daily system checks must I 

perform on my COMS? The specific 

components required to undergo daily 

system checks will depend on the design 

details of your COMS. At a minimum, you 

must verify the system operating parameters 

listed in paragraphs (1) through (3) of this 

section. Some COMS may perform one or 

more of these functions automatically or as 

an integral portion of unit operations; other 

COMS may perform one or more of these 

functions manually. 

(1) You must check the zero drift to ensure 

stability of your COMS response to the 

simulated zero device. The simulated zero 

device, an automated mechanism within the 

transmissometer that produces a simulated 

clear path condition or low-level opacity 

condition, is used to check the zero drift. You 

must, at a minimum, take corrective action 

on your COMS whenever the daily zero drift 

exceeds twice the applicable drift 

specification in section 13.3(6) of PS–1. 

(2) You must check the upscale drift to 

ensure stability of your COMS response to 

the upscale drift value. The upscale 

calibration device, an automated mechanism 

(employing an attenuator or reduced 

reflectance device) within the 

transmissometer that produces an upscale 

opacity value is used to check the upscale 

drift. You must, at a minimum, take 

corrective action on your COMS whenever 

the daily upscale drift check exceeds twice 

the applicable drift specification in section 

13.3(6) of PS–1. 

(3) You must, at a minimum, check the 

status indicators, data acquisition system 

error messages, and other system selfdiagnostic indicators. You must take 

appropriate corrective action based on the 

manufacturer’s recommendations when the 

COMS is operating outside preset limits. 

10.2 What are the quarterly auditing 

requirements for my COMS? At a minimum, 

the parameters listed in paragraphs (1) 

through (3) of this section must be included 

in the performance audit conducted on a 

quarterly basis as defined in section 10.0(2). 

(1) For units with automatic zero 

compensation, you must determine the zero 

compensation for the COMS. The value of the 

zero compensation applied at the time of the 

audit must be calculated as equivalent 

opacity and corrected to stack exit conditions 

according to the procedures specified by the 

manufacturer. The compensation applied to 

the effluent by the monitor system must be 

recorded. 

(2) You must conduct a three-point 

calibration error test of the COMS. Three 

calibration attenuators, either primary or 

secondary must meet the requirements of PS– 

1, with one exception. Instead of 

recalibrating the attenuators semi-annually, 

they must be recalibrated annually. If two 

annual calibrations agree within 0.5 percent 

opacity, the attenuators may then be 

calibrated once every five years. The three 

attenuators must be placed in the COMS light 

beam path for at least three nonconsecutive 

readings. All monitor responses must then be 

independently recorded from the COMS 

permanent data recorder. Additional 

guidance for conducting this test is included 

in section 8.1(3)(ii) of PS–1. The low-, 

mid-, and high-range calibration error results 

must be computed as the mean difference 

and 95 percent confidence interval for the 

difference between the expected and actual 

responses of the monitor as corrected to stack 

exit conditions. The equations necessary to 

perform the calculations are found in section 

12.0 of PS–1. For the calibration error test 

method, you must use the external audit 

device. When the external audit device is 

installed, with no calibration attenuator 

inserted, the COMS measurement reading 

must be less than or equal to one percent 

opacity. You must also document procedures 

for properly handling and storing the 

external audit device and calibration 

attenuators within your written QC program. 

(3) You must check the optical alignment 

of the COMS in accordance with the 

instrument manufacturer’s recommendations. 

If the optical alignment varies with stack 

temperature, perform the optical alignment 

test when the unit is operating. 

10.3 What are the annual auditing 

requirements for my COMS? 

(1) You must perform the primary zero 

alignment method under clear path 

conditions. The COMS must be removed 

from its installation and set up under clear 

path conditions. There must be no 

adjustments to the monitor other than the 


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establishment of the proper monitor path 

length and correct optical alignment of the 

COMS components. You must record the 

COMS response to a clear condition and to 

the COMS’s simulated zero condition as 

percent opacity corrected to stack exit 

conditions. For a COMS with automatic zero 

compensation, you must disconnect or 

disable the zero compensation mechanism or 

record the amount of correction applied to 

the COMS’s simulated zero condition. The 

response difference in percent opacity to the 

clear path and simulated zero conditions 

must be recorded as the zero alignment error. 

You must adjust the COMS’s simulated zero 

device to provide the same response as the 

clear path condition as specified in 

paragraph (3) of section 10.0. 

(2) As an alternative, monitors capable of 

allowing the installation of an external zero 

device may use the device for the zero 

alignment provided that: (1) The external 

zero device setting has been established for 

the monitor path length and recorded for the 

specific COMS by comparison of the COMS 

responses to the installed external zero 

device and to the clear path condition, and 

(2) the external zero device is demonstrated 

to be capable of producing a consistent zero 

response when it is repeatedly (i.e., three 

consecutive installations and removals prior 

to conducting the final zero alignment check) 

installed on the COMS. This can be 

demonstrated by either the manufacturer’s 

certificate of conformance (MCOC) or actual 

on-site performance. The external zero device 

setting must be permanently set at the time 

of initial zeroing to the clear path zero value 

and protected when not in use to ensure that 

the setting equivalent to zero opacity does 

not change. The external zero device 

response must be checked and recorded prior 

to initiating the zero alignment. If the 

external zero device setting has changed, you 

must remove the COMS from the stack in 

order to reset the external zero device. If you 

employ an external zero device, you must 

perform the zero alignment audits with the 

COMS off the stack at least every three years. 

If the external zero device is adjusted within 

the three-year period, you must perform the 

zero alignment with the COMS off the stack 

no later than three years from the date of 

adjustment. 

(3) The procedure in section 6.8 of ASTM 

D6216–12 is allowed. 

10.4 What are my limits for excessive 

audit inaccuracy? Unless specified otherwise 

in the applicable subpart, the criteria for 

excessive inaccuracy are listed in paragraphs 

(1) through (4). 

(1) What is the criterion for excessive zero 

or upscale drift? Your COMS is out-of-control 

if either the zero drift check or upscale drift 

check exceeds twice the applicable drift 

specification in PS–1 for any one day. 

(2) What is the criterion for excessive zero 

alignment? Your COMS is out-of-control if 

the zero alignment error exceeds 2 percent 

opacity. 

(3) What is the criterion to pass the 

quarterly performance audit? Your COMS is 

out-of-control if the results of a quarterly 

performance audit indicate noncompliance 

with the following criteria: 

(i) The optical alignment indicator does not 

show proper alignment (i.e., does not fall 

within a specific reference mark or 

condition). 

(ii) The zero compensation exceeds 4 

percent opacity, or 

(iii) The calibration error exceeds 3 percent 

opacity. 

(4) What is the criterion for data capture? 

You must adhere to the data capture criterion 

specified in the applicable subpart. 

10.5 What corrective action must I take if 

my COMS is malfunctioning? You must have 

a corrective action program in place to 

address the repair and/or maintenance of 

your COMS. The corrective action program 

must address routine/preventative 

maintenance and various types of analyzer 

repairs. The corrective action program must 

establish what diagnostic testing must be 

performed after each type of activity to 

ensure that the COMS is collecting valid, 

quality-assured data. Recommended 

maintenance and repair procedures and 

diagnostic testing after repairs may be found 

in an associated guidance document. 

10.6 What requirements must I meet if I 

use a temporary opacity monitor? 

(1) In the event that your certified opacity 

monitor has to be removed for extended 

service, you may install a temporary 

replacement monitor to obtain required 

opacity emissions data provided that: 

(i) The temporary monitor has been 

certified according to ASTM D6216–12 for 

which a MCOC has been provided; 

(ii) The use of the temporary monitor does 

not exceed 1080 hours (45 days) of operation 

per year as a replacement for a fully certified 

opacity monitor. After that time, the analyzer 

must complete a full certification according 

to PS–1 prior to further use as a temporary 

replacement monitor. Once a temporary 

replacement monitor has been installed and 

required testing and adjustments have been 

successfully completed, it cannot be replaced 

by another temporary replacement monitor to 

avoid the full PS–1 certification testing 

required after 1080 hours (45 days) of use; 

(iii) The temporary monitor has been 

installed and successfully completed an 

optical alignment assessment and status 

indicator assessment; 

(iv) The temporary monitor has 

successfully completed an off-stack clear 

path zero assessment and zero calibration 

value adjustment procedure; 

(v) The temporary monitor has successfully 

completed an abbreviated zero and upscale 

drift check consisting of seven zero and 

upscale calibration value drift checks which 

may be conducted within a 24-hour period 

with not more than one calibration drift 

check every three hours and not less than one 

calibration drift check every 25 hours. 

Calculated zero and upscale drift 

requirements are the same as specified for the 

normal PS–1 certification; 

(vi) The temporary monitor has 

successfully completed a three-point 

calibration error test; 

(vii) The upscale reference calibration 

check value of the new monitor has been 

updated in the associated data recording 

equipment; 

(viii) The overall calibration of the monitor 

and data recording equipment has been 

verified; and 

(ix) The user has documented all of the 

above in the maintenance log. 

(2) Data generated by the temporary 

monitor is considered valid when paragraphs 

(i) through (ix) in this section have been met. 

10.7 When do out-of-control periods 

begin and end? The out-of-control periods 

are as specified in section 3.1. 

10.8 What are the limitations on the use 

of my COMS data collected during out-ofcontrol periods? During the period your 

COMS is out-of-control, you may not use 

your COMS data to calculate emission 

compliance or to meet minimum data capture 

requirements in this procedure or the 

applicable regulation. 

10.9 What are the QA/QC reporting 

requirements for my COMS? You must report 

in a Data Assessment Report (DAR) the 

information required by sections 10.0, 10.1, 

10.2, and 10.3 for your COMS at the interval 

specified in the applicable regulation. 

10.10 What minimum information must I 

include in my DAR? At a minimum, you 

must include the information listed in 

paragraphs (1) through (5) of this section in 

the DAR. 

(1) Name of person completing the report 

and facility address, 

(2) Identification and location of your 

COMS(s), 

(3) Manufacturer, model, and serial 

number of your COMS(s), 

(4) Assessment of COMS data accuracy/

acceptability and date of assessment as 

determined by a performance audit described 

in section 10.0. If the accuracy audit results 

show your COMS to be out-of-control, you 

must report both the audit results showing 

your COMS to be out-of-control and the 

results of the audit following corrective 

action showing your COMS to be operating 

within specifications, and 

(5) Summary of all corrective actions you 

took when you determined your COMS was 

out-of-control. 

10.11 Where and how long must I retain 

the QA data that this procedure requires me 

to record for my COMS? You must keep the 

records required by this procedure for your 

COMS on site and available for inspection by 

us, the state, and/or the local enforcement 

agency for the period specified in the 

regulations requiring the use of COMS. 

11.0 What analytical procedures apply to 

this procedure? [Reserved] 

12.0 What calculations and data analysis 

must I perform for my COMS? The 

calculations required for the quarterly 

performance audit are in section 12.0 of 

PS–1. 

13.0 Method Performance [Reserved] 

14.0 Pollution Prevention [Reserved] 

15.0 Waste Management [Reserved] 

16.0 References 

16.1 Performance Specification 1- 

Specifications and Test Procedures for 

Continuous Opacity Monitoring Systems in 

Stationary Sources, 40 CFR part 60, 

Appendix B. 

16.2 ASTM D6216–12-Standard Practice 

for Opacity Monitor Manufacturers to Certify 

Conformance with Design and Performance 


TKELLEY on DSK3SPTVN1PROD with RULES
28444 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

Specifications, American Society for Testing 

and Materials (ASTM). 

17.0 What tables, diagrams, flowcharts, and 

validation data are relevant to this 

procedure? [Reserved] 

[FR Doc. 2014–11226 Filed 5–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0863; FRL–9909–17] 

Amine Salts of Alkyl (C8-C24) 

Benzenesulfonic Acid 

(Dimethylaminopropylamine, 

Isopropylamine, Mono-, Di-, and 

Triethanolamine); Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends two 

exemptions from the requirement of a 

tolerance for residues of diethanolamine 

salts of alkyl (C8-C24) benzenesulfonic 

acid (not to exceed 7% of pesticidal 

formulations) and two exemptions from 

the requirement of a tolerance for 

residues of dimethylaminopropylamine, 

isopropylamine, ethanolamine, and 

triethanolamine salts of alkyl (C8-C24) 

benzenesulfonic acid (without 

limitation), herein referred to 

collectively as amine salts of alkyl (C8- 

C24) benzenesulfonic acid 

(dimethylaminopropylamine, 

isopropylamine, mono-, di-, and 

triethanolamine), or ASABSA, when 

used as inert ingredients applied to 

growing crops and to animals. The Joint 

Inerts Task Force Cluster Support Team 

8 (JITF CST 8) c/o Huntsman Corp., 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting amendment of two 

existing exemptions from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of ASABSA. 

DATES: This regulation is effective May 

16, 2014. Objections and requests for 

hearings must be received on or before 

July 15, 2014, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0863, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2012–0863 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before July 15, 2014. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2012–0863, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Petition for Exemption 

In the Federal Register of August 5, 

2009 (74 FR 38924) (FRL–8430–2), EPA 

issued a final rule announcing the 

establishment of a tolerance exemption 

pursuant to a pesticide petition (PP 

8E7472) by the Joint Inerts Task Force 

Cluster Support Team 8 (JITF CST 8) 

c/o CropLife America, 1156 15th St. 

NW., Suite 400, Washington, DC 20005. 

The petition requested that 40 CFR 

180.920 and 180.930 be amended by 

establishing exemptions from the 

requirement of a tolerance for residues 

of diethanolamine salts of alkyl (C8-C24) 

benzenesulfonic acid and 

dimethylaminopropylamine, 

isopropylamine, ethanolamine, and 

triethanolamine salts of alkyl (C8-C24) 

benzenesulfonic acid when used as inert 

ingredients (surfactants) in pesticide 

formulations applied to growing crops 

and animals. The current petition seeks 

to expand the exemptions for ASABSA 


TKELLEY on DSK3SPTVN1PROD with RULES