2056 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 

Regulations is proposed to be amended 

as follows: 

PART 240—GENERAL RULES AND 

REGULATIONS, SECURITIES 

EXCHANGE ACT OF 1934 

1. The authority citation for part 240 

continues to read as follows: 

Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 

77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, 

77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 

78j–1, 78k, 78k–1, 78l, 78m, 78n, 78o, 78p, 

78q, 78s, 78u–5, 78w, 78x, 78ll, 78mm, 80a– 

20, 80a–23, 80a–29, 80a–37, 80b–3, 80b–4, 

80b–11, and 7201 et seq.; and 18 U.S.C. 1350 

and 12 U.S.C. 5221(e)(3), unless otherwise 

noted. 

* * * * * 

2. Amend § 240.12h–3 by: 

a. In paragraph (b)(1) introductory text 

add ‘‘, other than any class of assetbacked securities,’’ in the first sentence 

after ‘‘Any class of securities’’; and 

b. Adding a Note to paragraph (b). 

The addition to read as follows: 

§ 240.12h–3 Suspension of duty to file 

reports under section 15(d). 

* * * * * 

(b) * * * 

Note to Paragraph (b): The suspension of 

classes of asset-backed securities is addressed 

in § 240.15d–22. 

* * * * * 

3. Revise § 240.15d–22 to read as 

follows: 

§ 240.15d–22 Reporting regarding assetbacked securities under section 15(d) of the 

Act. 

(a) With respect to an offering of assetbacked securities registered pursuant to 

§ 230.415(a)(1)(x) of this chapter: 

(1) Annual and other reports need not 

be filed pursuant to section 15(d) of the 

Act (15 U.S.C. 78o(d)) regarding any 

class of securities to which such 

registration statement relates until the 

first bona fide sale in a takedown of 

securities under the registration 

statement; and 

(2) The starting and suspension dates 

for any reporting obligation under 

section 15(d) of the Act (15 U.S.C. 

78o(d)) with respect to a takedown of 

any class of asset-backed securities is 

determined separately for each 

takedown of securities under the 

registration statement. 

(b) The duty to file annual and other 

reports pursuant to section 15(d) of the 

Act (15 U.S.C. 78o(d)) regarding any 

class of asset-backed securities is 

suspended as to any fiscal year, other 

than the fiscal year within which the 

registration statement became effective, 

if, at the beginning of the fiscal year 

there are no longer any asset-backed 

securities of such class that were sold in 

a registered transaction held by nonaffiliates of the depositor. 

(c) This section does not affect any 

other reporting obligation applicable 

with respect to any classes of securities 

from additional takedowns under the 

same or different registration statements 

or any reporting obligation that may be 

applicable pursuant to section 12 of the 

Act (15 U.S.C. 78l). 

PART 249—FORMS, SECURITIES 

EXCHANGE ACT OF 1934 

4. The authority citation for part 249 

continues to read as follows: 

Authority: 15 U.S.C. 78a et seq. and 7201 

et seq.; and 18 U.S.C. 1350, unless otherwise 

noted. 

5. Amend Form 15 (referenced in 

§ 249.323) by adding a checkbox 

referring to ‘‘Rule 15d–22(b)’’ after the 

checkbox referring to ‘‘Rule 15d–6’’. 

Dated: January 6, 2011. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–416 Filed 1–11–11; 8:45 am] 

BILLING CODE 8011–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 49, 60, 63, 75, 86, 89, 92, 

94, 761, and 1065 

[EPA–HQ–OPPT–2010–0518; FRL–8846–6] 

RIN 2070–AJ51 

Incorporation of Revised ASTM 

Standards That Provide Flexibility in 

the Use of Alternatives to MercuryContaining Thermometers; Solicitation 

of Public Comment on the Required 

Use of Mercury-Containing 

Thermometers in EPA Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

incorporate the most recent versions of 

the American Society for Testing and 

Materials (ASTM) International 

standards (ASTM standards) into EPA 

regulations that provide flexibility to 

use alternatives to mercury-containing 

industrial thermometers. These 

proposed amendments will allow the 

use of such alternatives in certain 

limited field and laboratory applications 

previously impermissible as part of 

compliance with EPA regulations. 

Additionally, EPA is seeking public 

input on the need to address the 

remaining EPA regulations that 

incorporate by reference ASTM 

standards that do not allow the use of 

alternatives to mercury-containing 

industrial thermometers. EPA believes 

these embedded ASTM standards may 

unnecessarily impede the use of 

effective, comparable, and available 

mercury alternatives. Due to elemental 

mercury’s high toxicity, EPA seeks to 

reduce potential mercury exposures to 

humans and the environment by 

reducing the overall use of mercurycontaining products, including mercurycontaining thermometers. 

DATES: Comments must be received on 

or before March 14, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2010–0518 by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2010–0518. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2010–0518. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line 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 regulations.gov or email. The 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

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Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 2057 

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 docket index available 

at http://www.regulations.gov. 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 electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC), Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Robert 

Courtnage, National Program Chemicals 

Division (7404T), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (202) 566– 

1081; e-mail address: 

courtnage.robert@epa.gov. 

For general information contact: The 

TSCA–Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCA– 

Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you use mercurycontaining thermometers in laboratories, 

for field analysis, or for other industrial 

applications. Potentially affected 

entities may include, but are not limited 

to: 

• Testing Laboratories (NAICS code 

541380). 

• Petroleum Refineries (NAICS code 

324110). 

• Analytical Laboratory Instrument 

Manufacturing (NAICS code 334516). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all 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 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: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. 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. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information 

and/or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the Agency taking? 

EPA’s action is part of a more 

expansive Agency initiative to reduce 

the use of mercury-containing products 

to help prevent unnecessary human and 

environmental exposures to elemental 

mercury. EPA is proposing to 

incorporate revised ASTM standards 

that provide flexibility to use 

alternatives to mercury-containing 

industrial thermometers as part of 

complying with EPA regulatory 

requirements. Separately, EPA is 

soliciting responses from the public to 

specific questions (see Unit II.B.) 

relating to the need to revise the 

remaining ASTM standards embedded 

within EPA regulations that require the 

use of mercury-containing 

thermometers. EPA is specifically 

interested in public responses that 

address the benefits of providing 

flexibility to use mercury-containing 

thermometer alternatives and whether 

the remaining EPA regulations that 

require the use of mercury-containing 

thermometers could be revised or 

whether mercury-containing 

thermometers are needed for their 

accuracy and performance. 

Mercury exposures can harm the 

brain, heart, kidneys, lungs, and 

immune system. Most human exposure 

to mercury is through the consumption 

of fish containing methylmercury. 

Exposure to methylmercury through 

ingestion can harm the normal 

development of the nervous system, 

resulting in learning disabilities. 

Elemental mercury and other forms of 

mercury from industrial sources are 

deposited from the air and are converted 

into methylmercury. Mercury exposures 

can also occur by the inhalation of 

elemental mercury from the breakage or 

improper disposal of mercurycontaining products such as mercurycontaining thermometers. Inhalation 

exposure of elemental mercury can lead 

to neurotoxic and developmental 

neurotoxic effects. 

Following a thorough search, the 

Agency determined that certain EPA 

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2058 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 

regulations reference ASTM standards 

that require the use of mercurycontaining thermometers for certain 

temperature measurement applications. 

EPA seeks to provide the regulated 

community with the flexibility to use 

mercury-free alternatives, where 

feasible, comparable, and available. This 

action proposes to update EPA 

regulations to incorporate three specific 

ASTM standards (D5865–10, D445–09, 

and D93–09) that allow for the use of 

alternatives to mercury-containing 

thermometers. EPA is proposing to 

update these ASTM standards where 

they are referenced in regulations 

pursuant to the Clean Air Act (CAA) 

and the Toxic Substances Control Act 

(TSCA) (certain sections of 40 CFR parts 

49, 60, 63, 75, 86, 89, 92, 94, 761, and 

1065). One of the incorporated ASTM 

standards (D5865–10) requires the use 

of a mercury-free device while the other 

two standards (D445–09 and D93–09) 

provide the flexibility to use alternatives 

to mercury-containing thermometers, 

but do not require their use. EPA is 

proposing to allow the use of the 

updated standard D5865–10 and the 

previous standards, D5856–01a, D5856– 

03a, and D5856–04 so that flexibility is 

given to use mercury-free thermometers, 

but not required. Although a first step, 

incorporating these current standards 

comprises only a small percentage of the 

ASTM standards referenced within EPA 

regulations that require the use of 

mercury-containing thermometers. 

Further revisions to other relevant 

ASTM standards would be necessary 

before EPA could provide more 

comprehensive flexibility. To facilitate 

the use of mercury alternatives, EPA 

encourages ASTM to expeditiously 

review and revise their standards that 

require the use of mercury-containing 

thermometers, particularly those 

currently embedded in EPA regulations. 

As part of the Agency’s mercuryproduct reduction effort, EPA believes it 

is important to remove unnecessary 

requirements to use mercury-containing 

thermometers where viable and 

comparable non-mercury substitutes 

exist. The National Institute of 

Standards and Technology (NIST), 

recognized experts in the field of 

thermometry, believe there are no 

fundamental barriers to the replacement 

of mercury-containing thermometers. 

Although perceived as superior in 

performance, mercury-containing 

thermometers have readily available and 

comparable alternatives such as 

platinum resistance thermometers, 

thermistors, thermocouples, and 

portable electronic thermometers 

(PETs). The use of thermometers in high 

temperature applications, such as the 

use of thermometers in autoclaves, 

traditionally provided significant 

challenges to the use of mercurycontaining thermometer alternatives. 

However, the use of data-loggers in 

autoclave operations is an example of an 

emerging innovation to allow the viable 

use of mercury substitutes. 

In addition to the embedded ASTM 

standards, certain EPA regulations 

directly require the use of mercurycontaining thermometers. Most of these 

regulations are pursuant to CAA and 

will be addressed through a separate 

rulemaking currently pursued by EPA’s 

Office of Air and Radiation. It is 

important to note that for ASTM 

standards contained within State 

implementation plan (SIP) approvals the 

Agency will need to address each ASTM 

standard separately after consultation 

with the States. 

Additionally, analytical methods 

mandated under the Resource 

Conservation and Recovery Act (RCRA) 

that use mercury-containing 

thermometers as a Method Defined 

Parameter (MDP) will not be addressed 

in this proposed rule. While the Office 

of Solid Waste and Emergency Response 

(OSWER) Methods Innovation Rule 

(MIR) allows flexibility in RCRA-related 

sampling and analysis by removing 

unnecessary requirements in SW–846 

Methods, the MIR does not allow for 

flexibility for test methods that have 

MDPs. EPA may address MDPs in future 

actions but not as part of this proposed 

rule. 

B. What questions would EPA like the 

public to answer? 

1. How can EPA provide additional 

flexibility in the use of mercury-free 

thermometers to comply with the 

Agency’s relevant regulations? 

2. Are requirements to use mercurycontaining thermometers necessary for 

performance reasons or should 

flexibility be provided in most if not all 

measurement applications? 

3. Does the use of data-loggers for 

temperature measurement in autoclaves 

provide a viable alternative to the use of 

mercury-containing thermometers? 

4. What else can EPA do to help 

expedite the use of alternatives to 

mercury-containing thermometers 

where feasible, comparable, and 

available? 

C. What is the Agency’s authority for 

taking this action? 

This proposed rule is issued under 

the Agency’s authority pursuant to the 

CAA (42 U.S.C. 7401–7671q) and TSCA 

(15 U.S.C. 2601–2692). 

III. Statutory and Executive Order 

Reviews 

A. Regulatory Planning and Review 

This is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Accordingly, this action was not 

submitted to the Office of Management 

and Budget (OMB) for review under 

Executive Order 12866. 

B. Paperwork Reduction Act 

According to the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument, or form, if 

applicable. There are no information 

collection requirements in this proposed 

rule that require additional approval or 

consideration under PRA. 

C. Small Entity Impacts 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency hereby 

certifies that this action will not have a 

significant adverse economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. In making 

this determination, the impact of 

concern is any significant adverse 

economic impact on small entities 

because the primary purpose of 

regulatory flexibility analysis is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities’’ (5 U.S.C. 603 and 

604). Thus, an agency may certify under 

RFA when the rule relieves regulatory 

burden, or otherwise has no expected 

economic impact on small entities 

subject to the rule. EPA believes that 

this proposed rule does not have any 

adverse economic impact because it will 

provide flexibility by allowing the use 

mercury-free thermometers, without 

mandating their use. Of course, EPA 

welcomes comments on this conclusion. 

D. Unfunded Mandates 

This proposed rule does not contain 

a Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and Tribal governments, 

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Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 2059 

in the aggregate, or the private sector in 

any 1 year. As such, EPA has 

determined that this proposed rule does 

not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of the 

Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1531–1538). 

E. Federalism 

This action will not have federalism 

implications because it is not expected 

to have a substantial direct effect on 

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, entitled 

Federalism (64 FR 43255, August 10, 

1999). Thus, Executive Order 13132 

does not apply to this action. 

F. Tribal Implications 

This action will not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes, will not significantly or 

uniquely affect the communities of 

Indian Tribal governments, and does not 

involve or impose any requirements that 

affect Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000), do not apply 

to this action. 

G. Children’s Health Protection 

EPA interprets Executive Order 

13045, entitled Protection of Children 

from Environmental Health Risks and 

Safety Risks (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 

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, nor is it 

an ‘‘economically significant regulatory 

action’’ as defined by Executive Order 

12866. 

H. Effect on Energy Supply, Distribution, 

or Use 

This action is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, entitled Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001), because this 

action is not likely to affect the supply, 

distribution, or use of energy. 

I. Technical Standards 

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. ASTM standards 

constitute voluntary consensus 

standards and, as such, the NTTAA 

directly applies to this proposed rule. 

The NTTAA requires that EPA use 

voluntary consensus standards unless to 

do so would be inconsistent with 

applicable law or otherwise impractical. 

With this proposed rule, EPA is adding 

the most current versions of applicable 

ASTM standards that allow flexibility in 

the use of mercury-containing 

thermometers and in the spirit of the 

NTTAA plans to work closely with 

ASTM to address the remaining 

standards within EPA regulations that 

require the use of mercury-containing 

thermometers. 

J. Environmental Justice 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994). 

List of Subjects in 40 CFR Parts 49, 60, 

63, 75, 86, 89, 92, 94, 761, and 1065 

Environmental protection, 

temperature measurement, 

thermometers, and mercury. 

Dated: January 3, 2011. 

Lisa P. Jackson, 

Administrator. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 49—[AMENDED] 

1. The authority citation for part 49 

continues to read as follows: 

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

2. In § 49.123 revise the definition of 

‘‘Heat input’’ in paragraph (a) and revise 

paragraph (e)(1)(v) to read as follows: 

§ 49.123 General provisions. 

(a) * * * 

Heat input means the total gross 

calorific value [where gross calorific 

value is measured by ASTM Method 

D240–02, D1826–94 (Reapproved 2003), 

D5865–04, D5865–10, or E711–87 

(Reapproved 2004) (incorporated by 

reference, see § 49.123(e))] of all fuels 

burned. 

* * * * * 

(e) * * * 

(1) * * * 

(v) ASTM D5865–04 or 10, Standard 

Test Method for Gross Calorific Value of 

Coal and Coke, IBR approved for 

§ 49.123(a). 

* * * * * 

PART 60—[AMENDED] 

3. The authority citation for part 60 

continues to read as follows: 

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

4. In § 60.17 revise paragraph (a)(78) 

to read as follows: 

§ 60.17 Incorporations by reference. 

* * * * * 

(a) * * * 

(78) ASTM D5865–98 or 10, Standard 

Test Method for Gross Calorific Value of 

Coal and Coke, IBR approved for 

§ 60.45(f)(5)(ii), § 60.46(c)(2), and 

appendix A–7 to part 60, Method 19, 

section 12.5.2.1.3. 

* * * * * 

5. In Method 19 of appendix A–7 to 

part 60 revise section 12.5.2.1.3 to read 

as follows: 

Appendix A–7 to Part 60—Test 

Methods 19 Through 25E 

* * * * * 

Method 19—Determination of Sulfur Dioxide 

Removal Efficiency and Particulate Matter, 

Sulfur Dioxide, and Nitrogen Oxide Emission 

Rates 

* * * * * 

12.5.2.1.3 Gross Sample Analysis. Use 

ASTM D 2013–72 or 86 to prepare the 

sample, ASTM D 3177– 75 or 89 or ASTM 

D 4239–85, 94, or 97 to determine sulfur 

content (%S), ASTM D 3173–73 or 87 to 

determine moisture content, and ASTM D 

2015–77 (Reapproved 1978) or 96, D 3286– 

85 or 96, or D 5865–98 or 10 to determine 

gross calorific value (GCV) (all standards 

cited are incorporated by reference—see 

§ 60.17 for acceptable versions of the 

standards) on a dry basis for each gross 

sample. 

* * * * * 

PART 63—[AMENDED] 

6. The authority citation for part 63 

continues to read as follows: 

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

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2060 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 

7. In § 63.14 revise paragraph (b)(48) 

to read as follows: 

§ 63.14 Incorporations by reference. 

* * * * * 

(b) * * * 

(48) ASTM D5865–03a or 10, 

Standard Test Method for Gross 

Calorific Value of Coal and Coke, IBR 

approved for Table 6 to subpart DDDDD 

of this part. 

* * * * * 

8. In subpart DDDDD of part 63, Table 

6 is amended by revising item d. under 

entries ‘‘1. Mercury * * * ,’’ ‘‘2. Total 

Selected metals * * * ,’’ and ‘‘3. 

Hydrogen chloride * * * ’’ to read as 

follows: 

* * * * * 

TABLE 6 TO SUBPART DDDDD OF PART 63—FUEL ANALYSIS REQUIREMENTS

To conduct a fuel analysis for the following pollutant * * * You must * * * Using * * * 

1. Mercury * * *. 

* * * * * * * 

d. Determine heat content of the fuel 

type * * *.

ASTM D5865–03a or D5865–10 (for coal) (IBR, see 

§ 63.24(b)) or ASTM E711–87 (for biomass) (IBR, see 

§ 63.14(b)) or equivalent. 

* * * * * * * 

2. Total Selected metals. 

* * * * * * * 

d. Determine heat content of the fuel 

type * * *.

ASTM D5865–03a or D5865–10 (for coal) (IBR, see 

§ 63.14(b)) or ASTM E711–87 (1996) (for biomass) (IBR, 

see § 63.14(b)) or equivalent. 

* * * * * * * 

3. Hydrogen chloride * * *.

* * * * * * * 

d. Determine heat content of the fuel 

type * * *.

ASTM D5865–03a or D5865–10 (for coal) (IBR, see 

§ 63.14(b)) or ASTM E711–87 (1996) (for biomass) (IBR, 

see § 63.14(b)) or equivalent. 

* * * * * * * 

PART 75—[AMENDED] 

9. The authority citation for part 75 

continues to read as follows: 

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

7651K note. 

10. In § 75.6 add new paragraph 

(a)(50) to read as follows: 

§ 75.6 Incorporation by reference. 

* * * * * 

(a) * * * 

(50) ASTM D5865–10, Standard Test 

Method for Gross Calorific Value of Coal 

and Coke, for appendices A, D, and F of 

this part. 

* * * * * 

11. In appendix A to part 75 revise 

paragraph (c) of section 2.1.1.1 to read 

as follows: 

Appendix A to Part 75—Specifications 

and Test Procedures 

* * * * * 

2.1.1.1 Maximum Potential Concentration 

* * * * * 

(c) When performing fuel sampling to 

determine the MPC, use ASTM Methods: 

ASTM D3177–02 (Reapproved 2007), 

Standard Test Methods for Total Sulfur in the 

Analysis Sample of Coal and Coke; ASTM 

D4239–02, Standard Test Methods for Sulfur 

in the Analysis Sample of Coal and Coke 

Using High-Temperature Tube Furnace 

Combustion Methods; ASTM D4294–98, 

Standard Test Method for Sulfur in 

Petroleum and Petroleum Products by 

Energy-Dispersive X-ray Fluorescence 

Spectrometry; ASTM D1552–01, Standard 

Test Method for Sulfur in Petroleum 

Products (High-Temperature Method); ASTM 

D129–00, Standard Test Method for Sulfur in 

Petroleum Products (General Bomb Method); 

ASTM D2622–98, Standard Test Method for 

Sulfur in Petroleum Products by Wavelength 

Dispersive Xray Fluorescence Spectrometry, 

for sulfur content of solid or liquid fuels; 

ASTM D3176–89 (Reapproved 2002), 

Standard Practice for Ultimate Analysis of 

Coal and Coke; ASTM D240–00, Standard 

Test Method for Heat of Combustion of 

Liquid Hydrocarbon Fuels by Bomb 

Calorimeter; ASTM D5865–01a or ASTM 

D5865–10, Standard Test Method for Gross 

Calorific Value of Coal and Coke (all 

incorporated by reference under § 75.6). 

* * * * * 

12. In appendix D to part 75 revise 

section 2.2.7 to read as follows: 

Appendix D to Part 75—Optional So2

Emissions Data Protocol for Gas-Fired 

and Oil-Fired Units 

* * * * * 

2.2.7 Analyze oil samples to determine 

the heat content of the fuel. Determine oil 

heat content in accordance with ASTM 

D240–00, Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by 

Bomb Calorimeter, ASTM D4809–00, 

Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by 

Bomb Calorimeter (Precision Method), ASTM 

D5865–01a, or D5865–10, Standard Test 

Method for Gross Calorific Value of Coal and 

Coke (all incorporated by reference under 

§ 75.6) or any other procedures listed in 

section 5.5 of appendix F of this part. 

Alternatively, the oil samples may be 

analyzed for heat content by any consensus 

standard method prescribed for the affected 

unit under part 60 of this chapter. 

* * * * * 

13. Appendix F to part 75 is amended 

as follows: 

a. Revise sections 3.3.6.2 and 5.5.3.2. 

b. Revise the expression ‘‘GCVO’’ in 

paragraph (a) of section 5.5.1. 

c. Revise the expression ‘‘GCVC’’ in 

section 5.5.3.3 to read as follows: 

Appendix F to Part 75—Conversion 

Procedures 

* * * * * 

3.3.6.2 GCV is the gross calorific value 

(Btu/lb) of the fuel combusted determined by 

ASTM D5865–01a or ASTM D5865–10, 

Standard Test Method for Gross Calorific 

Value of Coal and Coke, ASTM D240–00, 

Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by 

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Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 2061 

Bomb Calorimeter, or ASTM D4809–00, 

Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by 

Bomb Calorimeter (Precision Method) for oil; 

and ASTM D3588–98, Standard Practice for 

Calculating Heat Value, compressibility 

Factor, and Relative Density of Gaseous 

Fuels, ASTM D4891–89 (Reapproved 2006), 

Standard Test Method for Heating Value of 

Gases in Natural Gas Range by Stoichiometric 

Combustion, GPA Standard 2172–96 

Calculation of Gross Heating Value, Relative 

Density and Compressibility Factor for 

Natural Gas Mixtures from Compositional 

Analysis, GPA Standard 2261–00 Analysis 

for Natural Gas and Similar Gaseous 

Mixtures by Gas Chromatography, or ASTM 

D1826–94 (Reapproved 1998), Standard Test 

Method for Calorific (Heating) Value of Gases 

in Natural Gas Range by Continuous 

Recording Calorimeter, for gaseous fuels, as 

applicable. (All of these methods are 

incorporated by reference under § 75.6.) 

* * * * * 

5.5.1 (a) * * * 

GCVO= Gross calorific value of oil, as 

measured by ASTM D240–00, ASTM D5865– 

01a, ASTM D5865–10, or ASTM D4809–00 

for each oil sample under section 2.2 of 

appendix D to this part, Btu/unit mass (all 

incorporated by reference under § 75.6). 

* * * * * 

5.5.3.2 All ASTM methods are 

incorporated by reference under § 75.6. Use 

ASTM D2013–01, Standard Practice for 

Preparing Coal Samples for Analysis, for 

preparation of a daily coal sample and 

analyze each daily coal sample for gross 

calorific value using ASTM D5865–01a or 

ASTM D5865–10, Standard Test Method for 

Gross Calorific Value of Coal and Coke. Online coal analysis may also be used if the online analytical instrument has been 

demonstrated to be equivalent to the 

applicable ASTM methods under §§ 75.23 

and 75.66. 

5.5.3.3 * * * 

GCVC= Gross calorific value of coal 

sample, as measured by ASTM D3176–89 

(Reapproved 2002), ASTM D5865–01a, or 

ASTM D5865–10, Btu/lb (incorporated by 

reference under § 75.6). 

* * * * * 

PART 86—[AMENDED] 

14. The authority citation for part 86 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

15. Section 86.113–07 is amended as 

follows: 

a. Revise entries (vii) and (viii) in the 

table in paragraph (b)(2). 

b. Revise entries (vi) and (vii) in the 

table in paragraph (b)(3) to read as 

follows: 

§ 86.113–07 Fuel specifications. 

* * * * * 

(b) * * * 

(2) * * * 

Item ASTM Test Method No. Type 2–D 

*******

(vii) Flashpoint, min ....................................................... °F ..................................................... D93–09 ............................................ 130 

(°C) .................................................. .......................................................... (54.4) 

(viii) Viscosity ................................................................. centistokes ....................................... D445–09 .......................................... 2.0–3.2 

(3) * * * 

Item ASTM Test Method No. Type 2–D 

*******

(vi) Flashpoint, min ........................................................ °F ..................................................... D93–09 ............................................ 130 

(°C) .................................................. .......................................................... (54.4) 

(vii) Viscosity ................................................................. centistokes ....................................... D445–09 .......................................... 2.0–3.2 

* * * * * 

16. In § 86.113–94 revise the entries 

‘‘Flashpoint, min.’’ and ‘‘Viscosity’’ in the 

table in paragraph (b)(2) and in the table 

in paragraph (b)(3) to read as follows: 

§ 86.113–94 Fuel specifications. 

* * * * * 

(b) * * * 

(2) * * * 

Item ASTM Test Method No. Type 2–D 

*******

Flashpoint, min .............................................................. °F ..................................................... D93–09 ............................................ 130 

(°C) .................................................. .......................................................... (54.4) 

Viscosity ........................................................................ centistokes ....................................... D445–09 .......................................... 2.0–3.2 

* * * * * (3) * * * 

Item ASTM Test Method No. Type 2–D 

*******

Flashpoint, min .............................................................. °F ..................................................... D93–09 ............................................ 130 

(°C) .................................................. .......................................................... (54.4) 

Viscosity ........................................................................ centistokes ....................................... D445–09 .......................................... 1.5–4.5 

* * * * * 

17. The authority citation for part 86, 

subpart D, continues to read as follows: 

Authority: Secs. 202, 206, 207, 208, 301(a), 

Clean Air Act, as amended (42 U.S.C. 1857f– 

1, 1857f–5, 1857f–5a, 1857f–6, 1857g(a)). 

18. In § 86.307–82 revise the entries 

‘‘Flashpoint, °F (minimum)’’ and 

‘‘Viscosity, centistokes’’ in the table in 

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2062 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 

paragraph (b)(2) and in the table in 

paragraph (b)(3) to read as follows: 

§ 86.307–82 Fuel specifications. 

* * * * * 

(b) * * * 

(2) * * * 

Item ASTM Test Method No. Type 1–D Type 2–D 

*******

Flashpoint, °F (minimum) ................................................................................... D93–09 ................................................ 120 130 

Viscosity, centistokes ......................................................................................... D445–09 .............................................. 1.6–2.0 2.0–3.2 

* * * * * (3) * * * 

Item ASTM Test Method No. Type 1–D Type 2–D 

*******

Flashpoint, °F (minimum) ................................................................................... D93–09 ................................................ 120 130 

Viscosity, centistokes ......................................................................................... D445–09 .............................................. 1.2–2.2 1.5–4.5 

* * * * * 

19. The authority citation for part 86, 

subpart N, continues to read as follows: 

Authority: Secs. 202, 206, 207, 208, 301(a), 

Clean Air Act as amended 42 U.S.C. 7521, 

7524, 7541, 7542, and 7601. 

20. Section 86.1313–94 is amended as 

follows: 

a. Revise entries ‘‘Flashpoint, °F, (°C), 

and (minimum)’’ and ‘‘Viscosity, 

Centistokes’’ in Table N94–2 in 

paragraph (b)(2). 

b. Revise entries ‘‘Flashpoint, min. °F 

(°C)’’ and ‘‘Viscosity, centistokes’’ in 

Table N94–3 in paragraph (b)(3) to read 

as follows: 

§ 86.1313–94 Fuel specifications. 

* * * * * 

(b) * * * 

(2) * * * 

TABLE N94–2 

Item ASTM Type 1–D Type 2–D 

*******

Flashpoint, °F ..................................................................................................... D93–09 ................................................ 120 130 

(°C) .............................................................................................................. .............................................................. (48.9) (54.4) 

(minimum) ................................................................................................... .............................................................. .................. ..................

Viscosity, centistokes ......................................................................................... D445–09 .............................................. 1.6–2.0 2.0–3.2 

* * * * * (3) * * * 

TABLE N94–3 

Item ASTM Type 1–D Type 2–D 

*******

Flashpoint, min. °F (°C) ..................................................................................... D93–09 ................................................ 120 

(48.9) 

130 

(54.4) 

Viscosity, centistokes ......................................................................................... D445–09 .............................................. 1.2–2.2 1.5–4.5 

* * * * * 

21. In § 86.1313–98 revise the entries 

‘‘Flashpoint, min.’’ and ‘‘Viscosity’’ in 

Table N98–2 in paragraph (b)(2) to read 

as follows: 

§ 86.1313–98 Fuel specifications. 

* * * * * 

(b) * * * 

(2) * * * 

TABLE N98–2 

Item ASTM Test Method No. Type 1–D Type 2–D 

*******

Flashpoint, min ..................................................... °F ............................................... D93–09 ...................................... 120 130 

(°C) ............................................ .................................................... (48.9) (54.4) 

Viscosity ............................................................... centistokes ................................. D445–09 .................................... 1.6–2.0 2.0–3.2 

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* * * * * 

22. Section 86.1313–2007 is amended 

as follows: 

a. Revise entries (vii) and (viii) in 

Table N07–2 in paragraph (b)(2). 

b. Revise entries (vi) and (vii) in Table 

N07–3 in paragraph (b)(3) to read as 

follows: 

§ 86.1313–2007 Fuel specifications. 

* * * * * 

(b) * * * 

(2) * * * 

TABLE N07–2 

Item ASTM Test Method No. Type 1–D Type 2–D 

*******

(vii) Flashpoint, min .............................................. °F ............................................... D93–09 ...................................... 120 130 

(°C) ............................................ .................................................... (48.9) (54.4) 

(viii) Viscosity ....................................................... centistokes ................................. D445–09 .................................... 1.6–2.0 2.0–3.2 

(3) * * * 

TABLE N07–3 

Item ASTM Test Method No. Type 1–D Type 2–D 

*******

(vi) Flashpoint, min .............................................. °F ............................................... D93–09 ...................................... 130 130 

(°C) ............................................ .................................................... (54.4) (54.4) 

(vii) Viscosity ........................................................ centistokes ................................. D445–09 .................................... 1.2–2.2 1.5–4.5 

* * * * * 

PART 89—[AMENDED] 

23. The authority citation for part 89 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

24. In § 89.6 remove entries ‘‘ASTM 

D93–97’’ and ‘‘ASTM D445–97’’ and add 

entries ‘‘ASTM D93–09’’ and ‘‘ASTM 

D445–09’’ in numerical order to the 

table in paragraph (b)(1) to read as 

follows: 

§ 89.6 Reference materials. 

* * * * * 

(b) * * * 

(1) * * * 

Document No. and name 40 CFR part 89 

reference 

*******

ASTM D93–09: 

‘‘Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester’’ ....................................... Appendix A to Subpart D. 

* * * * * * * 

ASTM D445–09: 

‘‘Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of 

Dynamic Viscosity)’’.

Appendix A to Subpart D. 

******

* * * * * 

25. In appendix A to subpart D of part 

89, Table 4 is amended by revising the 

entries ‘‘Flashpoint, °C (minimum)’’ and 

‘‘Viscosity @ 38 °C, Centistokes’’ to read 

as follows: 

Appendix A to Subpart D of Part 89— 

Tables 

* * * * * 

TABLE 4—FEDERAL TEST FUEL SPECIFICATIONS

Item Procedure (ASTM) 1 Value 

(type 2–D) 

*******

Flashpoint, °C (minimum) ................................................................................................. D93–09 ....................................................... 54 

Viscosity @ 38 °C, centistokes ........................................................................................ D445–09 ..................................................... 2.0–3.2 

1All ASTM procedures in this table have been incorporated by reference. See § 89.6. 

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2064 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 

* * * * * 

PART 92—[AMENDED] 

26. The authority citation for part 92 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

27. In § 92.5, the table in paragraph 

(b)(1) is amended by removing the 

entries ‘‘ASTM D 93–94’’ and ‘‘ASTM D 

445–94’’ and adding the entries ‘‘ASTM 

D 93–09’’ and ‘‘ASTM D 445–09’’ to read 

as follows: 

§ 92.5 Reference materials. 

* * * * * 

(b) * * * 

(1) * * * 

Document No. and name 

40 CFR 

part 92 

reference 

*******

ASTM D 93–09, Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester .......................................................... § 92.113 

* * * * * * * 

ASTM D 445–09, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic 

Viscosity) ................................................................................................................................................................................................ § 92.113 

*******

* * * * * 

28. In § 92.113 revise the entries 

‘‘Flashpoint, min., °F and °C’’ and 

‘‘Viscosity, centistokes’’ in Table B113– 

1 in paragraph (a)(1) to read as follows: 

§ 92.113 Fuel specifications. 

(a) * * * 

(1) * * * 

TABLE B113–1 

Item ASTM Type 2–D 

*******

Flashpoint, min. 

°F ............................................................................................................................... D93–09 ....................................................... 130 

°C ............................................................................................................................... ..................................................................... (54.4) 

Viscosity, centistokes ........................................................................................................ D445–09 ..................................................... 2.0–3.2 

* * * * * 

PART 94—[AMENDED] 

29. The authority citation for part 94 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

30. In § 94.5, Table 1 in paragraph (a) 

is amended by removing the entries 

‘‘ASTM D 93–02’’ and ‘‘ASTM D 445–01’’ 

and adding the entries ‘‘ASTM D 93–09’’ 

and ‘‘ASTM D 445–09’’ to read as 

follows: 

§ 94.5 Reference materials. 

* * * * * 

(a) * * * 

TABLE 1 OF § 94.5—ASTM MATERIALS

Document No. and name Part 94 

reference 

*******

ASTM D 93–09, Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester .......................................................... 94.108 

* * * * * * * 

ASTM D 445–09, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic 

Viscosity) ................................................................................................................................................................................................ 94.108 

*******

* * * * * 31. In § 94.108 revise ‘‘Flashpoint, °C’’ 

and ‘‘Viscosity at 38 °C, centistokes’’ in 

Table B–5 in paragraph (a)(1) to read as 

follows: 

§ 94.108 Test fuels. 

(a) * * * 

(1) * * * 

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Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 2065 

TABLE B–5—FEDERAL TEST FUEL SPECIFICATIONS

Item Procedure 1 Value 

*******

Flashpoint, °C ............................................................................................................. ASTM D 93–09 ........................................ 54 minimum. 

*******

Viscosity at 38 °C, centistokes ................................................................................... ASTM D445–09 ....................................... 2.0–3.2. 

1All ASTM standards are incorporated by reference in § 94.5. 

* * * * * 

PART 761—[AMENDED] 

32. The authority citation for part 761 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2611, 

2614, and 2616. 

33. In § 761.19, the table in paragraph 

(b) is amended by removing the entry 

‘‘ASTM D 93–90’’ and adding the entry 

‘‘ASTM D 93–09’’ to read as follows: 

§ 761.19 References. 

* * * * * 

(b) * * * 

References CFR citation 

ASTM D 93–09 Standard Test Methods for Flash Point by Pensky-Martens Closed Tester ................................................... § 761.71(b)(2)(vi); 

§ 761.75(b)(8)(iii). 

* * * * * * * 

34. In § 761.71 revise paragraph 

(b)(2)(vi) to read as follows: 

§ 761.71 High efficiency boilers. 

* * * * * 

(b) * * * 

(2) * * * 

(vi) The concentration of PCBs and of 

any other chlorinated hydrocarbon in 

the waste and the results of analyses 

using the American Society of Testing 

and Materials (ASTM) methods as 

follows: Carbon and hydrogen content 

using ASTM 

D–3178–84, nitrogen content using 

ASTM E–258–67 (Reapproved 1987), 

sulfur content using ASTM D–2784–89, 

ASTM D–1266–87, or ASTM 

D–129–64, chlorine content using 

ASTM D–808–87, water and sediment 

content using either ASTM 

D–2709–88 or ASTM D–1796–83 

(Reapproved 1990), ash content using 

ASTM D–482–87, calorific value using 

ASTM D–240–87, carbon residue using 

either ASTM D–2158–89 or ASTM D– 

524–88, and flash point using ASTM D– 

93–09. 

* * * * * 

35. In § 761.75 revise paragraph 

(b)(8)(iii) to read as follows: 

§ 761.75 Chemical waste landfills. 

* * * * * 

(b) * * * 

(8) * * * 

(iii) Ignitable wastes shall not be 

disposed of in chemical waste landfills. 

Liquid ignitable wastes are wastes that 

have a flash point less than 60 °C (140 

°F) as determined by the following 

method or an equivalent method: Flash 

point of liquids shall be determined by 

a Pensky-Martens Closed Cup Tester, 

using the protocol specified in ASTM 

D–93–09, or the Setaflash Closed Tester 

using the protocol specified in ASTM 

D–3278–89. 

* * * * * 

PART 1065—[AMENDED] 

36. The authority citation for part 

1065 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

37. In § 1065.703 revise the entries 

‘‘Flashpoint, min.’’ and ‘‘Kinematic 

Viscosity’’ in Table 1 of § 1065.703 to 

read as follows: 

§ 1065.703 Distillate diesel fuel. 

* * * * * 

TABLE 1 OF § 1065.703—TEST FUEL SPECIFICATIONS FOR DISTILLATE DIESEL FUEL

Item Units Ultra low 

sulfur 

Low 

sulfur 

High 

sulfur 

Reference 

procedure 1

*******

Flashpoint, min ....................................................................... °C .......................... 54 54 54 ASTM D93–09. 

Kinematic Viscosity ................................................................ cSt ......................... 2.0–3.2 2.0–3.2 2.0–3.2 ASTM D445–09. 

1ASTM procedures are incorporated by reference in § 1065.1010. See § 1065.701(d) for other allowed procedures. 

38. In § 1065.1010, Table 1 in 

paragraph (a) is amended by removing 

the entries ‘‘ASTM D93–07’’ and ‘‘ASTM 

D445–06’’ and adding the entries 

‘‘ASTM D93–09’’ and ‘‘ASTM D 445–09’’ 

to read as follows: 

§ 1065.1010 Reference materials. 

* * * * * 

(a) * * * 

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2066 Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Proposed Rules 

TABLE 1 OF § 1065.1010—ASTM MATERIALS

Document No. and name Part 1065 

reference 

*******

ASTM D93–09, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester ......................................................... 1065.703 

ASTM D 445–09, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic 

Viscosity) .............................................................................................................................................................................................. 1065.703 

*******

* * * * * 

[FR Doc. 2011–246 Filed 1–11–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0729; FRL–9250–7] 

Approval and Promulgation of 

Implementation Plans; Indiana; 

Removal of Vehicle Inspection and 

Maintenance Programs for Clark and 

Floyd Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation plan (SIP) 

revision submitted by the State of 

Indiana to allow the State to discontinue 

the vehicle inspection and maintenance 

(I/M) program in Clark and Floyd 

Counties, IN, the Indiana portion of the 

Louisville (IN-KY) 1997 8-hour ozone 

area. The revision specifically requests 

that I/M program regulations be 

removed from the active control 

measures portion of the SIP. The 

regulations will remain in the 

contingency measures portion of the 

Clark and Floyd Counties ozone 

maintenance plans. The Indiana 

Department of Environmental 

Management (IDEM) submitted this 

request on October 10, 2006, and 

supplemented it on November 15, 2006, 

November 29, 2007, November 25, 2008, 

April 23, 2010, and November 19, 2010. 

EPA is proposing to approve Indiana’s 

request because the State has 

demonstrated that discontinuing the I/M 

program in Clark and Floyd Counties 

will not interfere with the attainment 

and maintenance of the 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS) or with the attainment and 

maintenance of other air quality 

standards and requirements of the Clean 

Air Act (CAA). 

DATES: Comments must be received on 

or before February 11, 2011. 

ADDRESSES: Submit comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0729, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Control Strategies Section, (AR– 

18J), U.S. Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0729. 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 website 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 instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

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 Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

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

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Francisco J. Acevedo at (312) 

886–6061 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Environmental 

Protection Specialist, Control Strategies 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What should I consider as I prepare my 

comments for EPA? 

A. Submitting CBI 

B. Tips for Preparing Your Comments 

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