Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50129 

• 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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. 

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. EPA will submit a 

report containing this action 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 11, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: July 18, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52 [AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220, is amended by 

adding paragraph (c)(388) (i)(A)(4) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(388) * * * 

(i) * * * 

(A) * * * 

(4) Rule 2002, ‘‘Allocations for Oxides 

of Nitrogen (NOX) and Oxides of Sulfur 

(SOX),’’ amended November 5, 2010. 

* * * * * 

[FR Doc. 2011–20456 Filed 8–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 72 and 75 

[EPA–HQ–OAR–2009–0837; FRL–9450–7] 

RIN 2060–AQ06 

Protocol Gas Verification Program and 

Minimum Competency Requirements 

for Air Emission Testing; Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on corrections to the Protocol Gas 

Verification Program and Minimum 

Competency Requirements for Air 

Emission Testing final rule, which was 

published in the Federal Register of 

March 28, 2011 (76 FR 17288). The final 

rule also made a number of other 

changes to the regulations. After the 

final rule was published, it was brought 

to our attention that there are some 

incorrect and incomplete statements in 

the preamble, some potentially 

confusing statements in a paragraph of 

the rule text, and the title of Appendix 

D to Part 75 was inadvertently changed 

and is incorrect. 

DATES: This rule is effective on October 

11, 2011 without further notice, unless 

EPA receives adverse comments by 

September 12, 2011. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0837, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• Mail: Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand Delivery: Air and Radiation 

Docket, EPA West Building, Room 3334, 

1301 Constitution Avenue, NW., 

Washington, DC 20460. 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–2009– 

0837. 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 


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50130 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 

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 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, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20460. 

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 and 

Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: John 

Schakenbach, U.S. Environmental 

Protection Agency, Clean Air Markets 

Division, MC 6204J, Ariel Rios Building, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, telephone (202) 

343–9158, e-mail at 

schakenbach.john@epa.gov. Electronic 

copies of this document can be accessed 

through the EPA Web site at: http:// 

epa.gov/airmarkets. 

SUPPLEMENTARY INFORMATION: EPA is 

publishing this rule without a prior 

proposed rule because we view this as 

a noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

Regulated Entities. Entities regulated 

by this action primarily are fossil fuelfired boilers, turbines, and combined 

cycle units that serve generators that 

produce electricity for sale or cogenerate 

electricity for sale and steam. Regulated 

categories and entities include: 

Category NAICS code Examples of potentially 

regulated industries 

Industry ...................... 221112 and others ................................................................................................................. Electric service providers. 

This table is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities which EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in this table could also be 

regulated. To determine whether your 

facility, company, business, 

organization, etc., is regulated by this 

action, you should carefully examine 

the applicability provisions in §§ 72.6, 

72.7, and 72.8 of title 40 of the Code of 

Federal Regulations. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

I. Detailed Discussion of Rule Revisions 

EPA has determined that the 

following corrections are needed to the 

March 28, 2011 final rule: (1) Two 

incorrect statements regarding the 

Louisiana DEQ’s stack testing 

accreditation program must be removed; 

(2) an inadvertently-omitted reference to 

Question 15.5 of the ‘‘Part 75 Emissions 

Monitoring Policy Manual’’ must be 

added; (3) two inadvertent omissions in 

the text of § 75.4(e) must be added; (4) 

statements in § 75.4(e) that are 

apparently causing confusion among 

stakeholders (76 FR 17306 and 17307) 

must be clarified; and (5) the title of 

Appendix D to Part 75 must be 

corrected. 

For several years, the Louisiana 

Department of Environmental Quality 

(DEQ) has implemented its own 

Louisiana Environmental Laboratory 

Accreditation Program (LELAP) that 

covers companies performing stack 

testing in Louisiana. Louisiana DEQ 

never agreed to cancel its stack testing 

accreditation program and replace it 

with accreditation to ASTM D 7036–04 

or to recognize third party accreditors 

such as the Stack Testing Accreditation 

Council, as was incorrectly stated in the 

preamble to the March 28, 2011 final 

rule. Accordingly, the preamble text of 

the March 28, 2011 final rule (76 FR 

17288) is corrected as follows: 

Preamble Corrections 

1. On page 17295, in the second 

column, the following two sentences 

should be removed: ‘‘EPA notes that the 

Louisiana DEQ has agreed to cancel its 

stack testing accreditation program (see 

Document ID# EPA–HQ–OAR–2009– 

0837–0072 in the docket) and in its 

place substitute accreditation to ASTM 

D 7036–04. Louisiana DEQ also agrees 

to recognize third party accreditors such 

as the Stack Testing Accreditation 

Council.’’ 

2. On page 17300, in the first column, 

last sentence of the Response in section 

C, ‘‘Other Amendments’’, paragraph 1, 

‘‘Compliance Dates for Units Adding 

New Stack or Control Device’’, is 

revised to read as follows: ‘‘Note that 

EPA intends to revise Questions 15.4, 

15.5, 15.6, and 15.7 in the ‘‘Part 75 

Emissions Monitoring Policy Manual’’ 

to be consistent with today’s revisions 

to § 75.4(e).’’ 

In the March 28, 2011 revisions to 

§ 75.4(e)(1), oxygen (O2) and moisture 

monitoring systems were inadvertently 


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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50131 

omitted from the list of monitoring 

systems that require certification and/or 

recertification and/or diagnostic tests in 

certain situations. Adding O2 and 

moisture systems to the list does not 

impose any new requirements. Sections 

75.10, 75.11, 75.12, 75.20(a) and 

75.20(b) already require O2 and 

moisture monitoring systems to undergo 

certification, and/or recertification, and/ 

or diagnostic testing in certain 

situations. 

In the March 28, 2011 revisions to 

§ 75.4(e)(2), NOX concentration, O2

concentration, and moisture data were 

inadvertently omitted from the list of 

data types that need to be monitored 

and reported. Adding these three types 

of data to the list does not introduce any 

new recordkeeping or reporting 

requirements. Sections 75.57(d) and 

75.64(a)(2) already require these 

parameters to be continuously 

monitored and reported to EPA. 

The March 28, 2011 revisions to 

§ 75.4(e) set forth the allotted windows 

of time in which all required 

certification and/or recertification and/ 

or diagnostic testing of CEM systems 

must be performed, when a new stack 

is constructed or when add-on SO2 or 

NOX emission controls are installed. 

Revised § 75.4(e) also provides detailed 

data validation rules for these events. 

However, stakeholders have expressed 

concern about a statement in 

§ 75.4(e)(2)(iv) which appears to require 

that all certification tests of the low 

measurement scale of an SO2 or NOX

monitor must be passed in order for 

readings on the certified high scale to be 

reported as quality-assured. This was 

not the Agency’s intent, and today’s rule 

makes this clear. 

Today’s rule further clarifies the data 

validation rules in § 75.4(e)(2), 

recognizing that in some instances, 

additional testing may not be required 

for certain previously-certified 

monitoring systems; these monitoring 

systems can continue to report qualityassured data while testing of the other 

systems is in progress. 

Finally, the March 28, 2011 revisions 

of Appendix D to Part 75 inadvertently 

changed the title of Appendix D to: 

‘‘Appendix D to Part 75—Optional SO2

Emissions Data Protocol for Gas-Fired 

and Oil-Fired Peaking Units.’’ Today’s 

rule reinstates the correct title of 

Appendix D by removing the word 

‘‘Peaking’’ from the title. 

II. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735 

(Oct. 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 any new 

information collection burden. No new 

recordkeeping or reporting requirements 

are introduced by the revisions to 

§ 75.4(e). The Office of Management and 

Budget (OMB) has previously approved 

collection of this information for Part 75 

purposes, under the Paperwork 

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

with an assigned OMB control number 

of 2060–0626. The OMB control 

numbers for EPA’s regulations under 

Title 40 (‘‘Protection of Environment’’) 

are listed in 40 CFR part 9. 

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 assessing the impacts 

of today’s 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; or (3) a small organization 

that is any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field. 

EPA conducted a screening analysis 

of today’s rule on small entities in the 

following manner. The SBA defines 

small utilities as any entity and 

associated affiliates whose total electric 

output for the preceding fiscal year did 

not exceed 4 million megawatt hours. 

The SBA 4 million megawatt hour 

threshold was applied to the Energy 

Information Administration (EIA) 

Annual Form EIA–923, ‘‘Power Plant 

Operations Report’’ 2008 net generation 

megawatt hour data and resulted in an 

estimated 1169 facilities. This finding 

was then paired with facility owner and 

associated affiliates data (owners with 

net generation over 4 million were 

disregarded), resulting in a total of 620 

small entities with a 2008 average net 

generation of 650,169 megawatt hours. 

Multiplying net generation by the 2009 

EIA average retail price of electricity 

(9.72 cents per kilowatt hour), the 

average revenue stream per small entity 

was determined to be $63,196,427 

dollars. Because today’s amendments to 

Part 75 merely clarify existing rule text 

and impose no new recordkeeping, 

monitoring, or reporting requirements, 

the respondent cost burden of this rule 

is determined to be $0.00 per year, for 

all of the 620 identified small entities. 

After considering the economic 

impacts of today’s rule on small entities, 

we certify that this action will not have 

a significant economic impact on a 

substantial number of small entities. All 

of the 620 small electric utilities directly 

affected by this final rule are expected 

to experience zero costs. 

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. The total annual respondent 

burden is estimated to be zero hours, 

with total annual labor and O&M costs 

estimated to be zero dollars. 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. This 

rule would generally affect large electric 

utility or industrial companies. The 

amendments simply makes minor 

corrections and clarifications to existing 

sections of Part 75 and correct the title 

of Appendix D, and impose no new 

economic burden on the affected 

sources. 

E. Executive Order 13132: Federalism 

This 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. This rule simply 

makes minor corrections and 

clarifications to existing sections of Part 

75 and Appendix D to part 75, which 

affect only the regulated sources. Thus, 


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50132 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 

Executive Order 13132 does not apply 

to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule simply corrects and clarifies 

existing rule text in part 75 and 

Appendix D to part 75 and imposes no 

new requirements. Therefore, today’s 

rule does not have Tribal implications, 

and Executive Order 13175 (65 FR 

67249, November 9, 2000) does not 

apply. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

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 rule is not subject to EO 

13045 because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

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 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This rulemaking 

simply clarifies and corrects existing 

rule text in Part 75 and in Appendix D 

to part 75, and does not involve 

technical standards. Therefore, the 

provisions of the NTTAA do not apply. 

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. 

EPA has determined that this 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. 

Today’s rule makes minor corrections 

and clarifications to sections of the 

March 28, 2011 final rule and in 

Appendix D to Part 75, and imposes no 

new requirements. 

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. 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. 

Although this action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2), it 

will become effective on October 11, 

2011. 

List of Subjects in 40 CFR Part 75 

Environmental protection, Acid rain, 

Administrative practice and procedure, 

Air pollution control, Electric utilities, 

Carbon dioxide, Continuous emission 

monitoring, Intergovernmental relations, 

Nitrogen oxides, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Reference test methods, 

Incorporation by reference. 

Dated: August 3, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons set forth in the 

preamble, part 75 of chapter I of title 40 

of the Code of Federal Regulations is 

amended as follows: 

PART 75—CONTINUOUS EMISSION 

MONITORING 

■ 1. The authority citation for part 75 

continues to read as follows: 

Authority: 42 U.S.C. 7601, 7651k, and 

7651k note. 

■ 2. Section 75.4 is amended by revising 

paragraphs (e)(1) introductory text and 

(e)(2) to read as follows: 

§ 75.4 Compliance dates. 

* * * * * 

(e) * * * 

(1) Except as otherwise provided in 

paragraph (e)(3) of this section, the 

owner or operator shall ensure that all 

required certification and/or 

recertification and/or diagnostic tests of 

the monitoring systems required under 

this part (i.e., the SO2, NOX, CO2, O2, 

opacity, volumetric flow rate, and 

moisture monitoring systems, as 

applicable) are completed not later than 

90 unit operating days or 180 calendar 

days (whichever occurs first) after: 

* * * * * 

(2) The owner or operator shall 

determine and report, as applicable, SO2

concentration, NOX concentration, NOX

emission rate, CO2 concentration, O2

concentration, volumetric flow rate, and 

moisture data for all unit or stack 

operating hours after emissions first 

pass through the new stack or flue, or 

reagent is first injected into the flue gas 

desulfurization system or add-on NOX

emission controls, as applicable, until 

all required certification and/or 

recertification and/or diagnostic tests 

are successfully completed, using: 

(i) Quality-assured data recorded by a 

previously-certified monitoring system 

for which the event requires no 

additional testing; 

(ii) The applicable missing data 

substitution procedures under §§ 75.31 

through 75.37; 

(iii) The conditional data validation 

procedures of § 75.20(b)(3), except that 

conditional data validation may, if 

necessary, be used for the entire 

window of time provided under 

paragraph (e)(1) of this section in lieu of 

the periods specified in § 75.20(b)(3)(iv); 

(iv) Reference methods under 

§ 75.22(b); 

(v) For the event of installation of a 

flue gas desulfurization system or addon NOX emission controls, qualityVerDate Mar<15>2010 14:11 Aug 11, 2011 Jkt 223001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.SGM 12AUR1

erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50133 

assured data recorded on the high 

measurement scale of the monitor that 

measures the pollutant being removed 

by the add-on emission controls (i.e., 

SO2 or NOX, as applicable), if, pursuant 

to section 2 of appendix A to this part, 

two spans and ranges are required for 

that monitor and if the high 

measurement scale of the monitor has 

been certified according to § 75.20(c), 

section 6 of appendix A to this part, 

and, if applicable, paragraph (e)(4)(i) of 

this section. Data recorded on the 

certified high scale that ordinarily 

would be required to be recorded on the 

low scale, pursuant to section 2.1.1.4(g) 

or 2.1.2.4(f) of appendix A to this part, 

may be reported as quality-assured for a 

period not to exceed 60 unit or stack 

operating days after the date and hour 

that reagent is first injected into the 

control device, after which one or more 

of the options provided in paragraphs 

(e)(2)(ii), (e)(2)(iii), (e)(2)(iv) and 

(e)(2)(vi) of this section must be used to 

report SO2 or NOX concentration data 

(as applicable) for each operating hour 

in which these low emissions occur, 

until certification testing of the low 

scale of the monitor is successfully 

completed; or 

(vi) Another procedure approved by 

the Administrator pursuant to a petition 

under § 75.66. 

* * * * * 

■ 3. Appendix D to part 75 is amended 

by revising the heading to read as 

follows: 

Appendix D to Part 75—Optional SO2

Emissions Data Protocol for Gas-Fired 

and Oil-Fired Units 

* * * * * 

[FR Doc. 2011–20451 Filed 8–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–9451–3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Pasley Solvents & Chemicals, 

Inc. Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is publishing a 

direct final Notice of Deletion of the 

Pasley Solvents & Chemicals, Inc 

Superfund Site (Site), located in the 

Town of Hempstead, Nassau County, 

New York, from the National Priorities 

List (NPL). The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

New York, through the New York State 

Department of Environmental 

Conservation (NYSDEC), because EPA 

has determined that all appropriate 

response actions under CERCLA have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective September 26, 2011 unless 

EPA receives adverse comments by 

September 12, 2011. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1986–0005, by one of the 

following methods: 

• Web site: http:// 

www.regulations.gov. Follow on-line 

instructions for submitting comments. 

• E-mail: henry.sherrel@epa.gov. 

• Fax: To the attention of Sherrel 

Henry at 212–637–3966. 

• Mail: Sherrel Henry, Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region 2, 290 

Broadway, 20th Floor, New York, New 

York 10007–1866. 

• Hand delivery: Superfund Records 

Center, 290 Broadway, 18th Floor, New 

York, NY 10007–1866 (telephone: 212– 

637–4308). 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–SFUND–1986– 

0005. 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. 

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 statue. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in the hard copy. Publicly available 

docket materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency, 

Region 2, Superfund Records Center, 

290 Broadway, 18th Floor, New York, 

NY 10007–1866. 

Phone: 212–637–4308. 

Hours: Monday to Friday from 9 a.m. 

to 5 a.m. 

Information for the Site is also 

available for viewing at the Site 

Administrative Record Repositories 

located at: Levittown Library, 1 

Bluegrass Lane, Levittown, New York 

11756. Tel. (516)731–5728. 

Hours: Monday through Friday: 9 a.m. 

through 9 p.m., Saturday: 9 a.m. through 

5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Sherrel D. Henry, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 20th 

Floor, New York, NY 10007–1866, (212) 

637–4273, by e-mail at 

henry.sherrel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 


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