Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations 55119 

Administrative Procedure Act at 5 

U.S.C. 553(d)(1). 

The proposed rule was published in 

the Federal Register (71 FR 13792) on 

March 17, 2006, with a 60-day period 

for notice and comment consistent with 

the requirements of 5 U.S.C. 553(b). 

List of Subjects in 36 CFR Part 7 

National Parks, Reporting and 

recordkeeping requirements. 

■ In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority for part 7 continues 

to read as follows: 

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under D.C. Code 

8–137(1981) and D.C. Code 40–721 (1981). 

■ 2. Add new paragraph (d) to § 7.51 to 

read as follows: 

§ 7.51 Curecanti Recreation Area. 

* * * * * 

(d) Personal Watercraft (PWC). PWC 

may operate within Curecanti National 

Recreation Area in the following 

designated areas and under the 

following conditions: 

(1) PWC may operate and land on 

Blue Mesa Reservoir between Beaver 

Creek and Blue Mesa dam, except that 

PWC may not operate in the buoyed 

barricaded section in the vicinity of the 

dam. 

(2) PWC must operate at ‘‘flat wake’’

speeds within Blue Mesa Reservoir in 

the following areas upstream of 

designated buoys: 

(i) Soap Creek arm at approximate 

longitude 107°8′9′′ N latitude 38°30′16′′ 

W. 

(ii) West Elk arm at approximate 

longitude 107°16′45′′ N latitude 

38°29′43′′ W. 

(iii) Cebolla arm at approximate 

longitude 107°12′16′′ N latitude 

38°27′37′′ W. 

(iv) Lake Fork arm at approximate 

longitude 107°18′19′′ N latitude 38°27′2′′ 

W. 

(3) PWC must operate at ‘‘flat wake’’

speeds in the following areas: 

(i) Within 100’ of shoreline inside Dry 

Creek cove. 

(ii) Within 500’ of shoreline along old 

highway 50 and Bay of Chickens. 

(iii) Within the buoyed area around 

Elk Creek and Lake Fork marinas. 

(iv) Within the buoyed area at Iola, 

Stevens Creek, and Ponderosa boat 

launch. 

(v) From Lake city bridge east to 

Beaver Creek. 

(vi) Within 100′ of shoreline adjacent 

to Stevens Creek campground. 

(4) PWC may only be launched from 

designated boat launch sites. 

(5) The Superintendent may 

temporarily limit, restrict or terminate 

access to the areas designated for PWC 

use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 06–7846 Filed 9–20–06; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 60 

[EPA–OAR–2004–0510; FRL–8221–4] 

RIN 2060–AF83 

Methods for Measurement of Visible 

Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action finalizes Methods 

203A, 203B, and 203C for determining 

visible emissions using data reduction 

procedures that are more appropriate for 

State Implementation Plan (SIP) rules 

than Method 9, the method currently 

used. This action was requested by the 

States and is needed for the special data 

reduction requirements in their rules. 

The intended effect is to provide States 

with an expanded array of data 

reduction procedures for determining 

compliance with their SIP opacity 

regulations. 

In addition, this action amends 

various testing provisions in the New 

Source Performance Standards (NSPS) 

to correct inadvertent errors and amend 

a testing provision. 

DATES: This final rule is effective on 

September 21, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. OAR–2004–0510. All documents in 

the docket are listed on the http:// 

www.regulations.gov Web site. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, Docket ID 

No. OAR–2004–0510, EPA Docket 

Center (EPA/DC), EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air and Radiation Docket is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Robin Segall, Measurement Technology 

Group (E143–02), Air Quality 

Assessment Division, EPA, Research 

Triangle Park, North Carolina 27711; 

telephone (919) 541–0893; fax number 

(919) 541–0516; electronic mail address: 

segall.robin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Categories and entities potentially 

regulated by the final rule include the 

following: 

TABLE 1.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION

Examples of regulated entities SIC codes NAICS codes 

Fossil Fuel Steam Generators ................................................................................................................................. 4931 221112 

Industrial, Commercial, Institutional Steam Generating Units ................................................................................. 4961 22133 

Electric Generating .................................................................................................................................................. 4911 221119 

Portland Cement Plants ........................................................................................................................................... 3241 327310 

Petroleum Refineries ............................................................................................................................................... 2911 324110 

Hot Mix Asphalt Facilities ........................................................................................................................................ 2951 324121 

Kraft Pulp Mills ......................................................................................................................................................... 2611 3221 

Municipal Solid Waste ............................................................................................................................................. 4953 562213 


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TABLE 1.—MAJOR ENTITIES POTENTIALLY AFFECTED BY THIS ACTION—Continued 

Examples of regulated entities SIC codes NAICS codes 

Secondary Lead Smelters ....................................................................................................................................... 3341 331492 

Secondary Brass and Bronze Production Plants .................................................................................................... 3351 331421 

Basic Oxidation Process Furnaces ......................................................................................................................... 3312 331111 

Sewage Treatment Plants ....................................................................................................................................... 4952 221320 

Coal Preparation Plants ........................................................................................................................................... 1221 212111 

Ferroalloy Production Facilities ............................................................................................................................... 3313 331112 

Electric Arc Furnaces .............................................................................................................................................. 3312 331111 

Glass Manufacturing Plants ..................................................................................................................................... 3211 327211 

Grain Elevators ........................................................................................................................................................ 0111 111141 

Lime Manufacturing Plants ...................................................................................................................................... 2812 325181 

Metallic Mineral Processing Plants .......................................................................................................................... 1011 212210 

Non-Metallic Mineral Processing Plants .................................................................................................................. 1411 212311 

Phosphate Rock Plants ........................................................................................................................................... 1475 212392 

Ammonium Sulfate Manufacturing Facilities ........................................................................................................... 2873 325311 

Asphalt Processing .................................................................................................................................................. 2952 3244122 

Asphalt Roofing Manufacturing ............................................................................................................................... 2952 324122 

Calciners and Dryers in Mineral Industries ............................................................................................................. 1479 212393 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. This table lists 

examples of the types of entities EPA is 

now aware could potentially be affected 

by the final rule. Other types of entities 

not listed could also be affected. If you 

have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. How can I access electronic copies of 

this document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of today’s 

final rule will also be available on the 

Worldwide Web (WWW) through the 

Technology Transfer Network (TTN). 

Following the Administrator’s signature, 

a copy of the final rule will be placed 

on the TTN’s policy and guidance page 

for newly proposed or promulgated 

rules at http://www.epa.gov/ttn/oarpg. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. 

C. Judicial Review 

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

Air Act (CAA), judicial review of the 

final rule is available only by filing a 

petition for review in the U.S. Court of 

Appeals for the District of Columbia 

Circuit by November 20, 2006. Under 

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

objection to the final rule that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

Under CAA section 307(b)(2), the 

requirements established by the final 

rule may not be challenged later in civil 

or criminal proceedings brought by EPA 

to enforce these requirements. 

D. Outline 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. How can I access electronic copies of 

this document and other related 

information? 

C. Judicial Review 

D. Outline 

II. Background and Summary of Proposed 

Rule 

III. Response to Comments 

A. Stringency of Current Standards Not 

Affected 

B. Four Readings Not a Reliable Data 

Sample 

IV. Changes to the Proposed Rule 

A. Performance Results Added to the 

Methods 

B. 15-Second Interval Option Removed 

From Method 203C 

V. Summary of Amendments to the NSPS 

A. Petroleum Refineries (Subpart J) 

B. Kraft Pulp Mills (Subpart BB) 

C. Municipal Solid Waste Landfills 

(Subpart WWW) 

D. Performance Specification 2, Appendix 

B of Part 60 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

II. Background and Summary of 

Proposed Rule 

In 1974, Method 9 of Appendix A to 

40 CFR part 60 was revised. In the 

preamble to that rule, we recognized 

that the Method 9 data reduction 

techniques were not appropriate for 

some types of State implementation 

plan (SIP) opacity regulations. The 

preamble also stated the Agency’s intent 

to propose procedures to enforce SIP 

limitations that were not adequately 

addressed by Method 9. Such SIP 

limitations included those with timeexception provisions (a specified 

number of minutes in an hour in which 

the opacity limit may be exceeded), as 

well as those that specify averaging 

times other than the 6 minutes 

advocated by Method 9. Also, Method 9 

did not address data reduction 

procedures for instantaneous opacity 

limitations which are included in some 

SIP. In order to provide appropriate data 

reduction procedures for opacity limits 

that differ from Method 9, we proposed 

new test procedures for evaluating 

compliance with opacity standards in 

1986. 

The 1986 proposal contained field 

and observer certification procedures 

identical to those of Method 9, the only 

difference being the data reduction 

procedures for determining compliance 

with SIP regulations that contained 

time-exception, time-averaged, and 

instantaneous limitations. The 1986 

proposal indicated that we would select 

the visible emission test method and 

data reduction procedures that best 

ensured enforcement of the SIP opacity 

standard in a manner consistent with 

the original language in the federallyVerDate Aug<31>2005 14:49 Sep 20, 2006 Jkt 208001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\21SER1.SGM 21SER1

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approved or promulgated SIP. We also 

proposed procedures for analyzing 

fugitive dust. 

Between this 1986 proposal and the 

proposal of Methods 203A, B, and C in 

1993, technical work continued in 

several areas. We completed a 

collaborative study of the effect of 

shorter observation intervals, and we 

developed several implementation tools, 

including a revised sample visible 

emissions observation (VEO) form to 

assist States in specifying the 

appropriate test method for the opacity 

limit proposed in the SIP or SIP 

revision. 

The proposal of Methods 203A, B, 

and C divided the procedures proposed 

in 1986 into three distinct methods, 

allowing a State to specify the exact data 

reduction procedures to be used in 

compliance determinations. The three 

methods incorporated the certification 

procedures for observers from Method 9 

without change. The only procedural 

differences between Methods 203A, B, 

and C and Method 9 are in the 

provisions for recording observations 

and data reduction. 

Since the 1993 proposal of Methods 

203A, B, and C, we are not aware of any 

new methods or changes to existing 

methods that would lead to substantial 

changes in our approach. Therefore, 

with one exception, we believe it is 

appropriate to complete this action with 

the changes noted in the preamble. We 

are not taking final action at this time 

with regard to procedures for fugitive 

dust. 

III. Responses to Comments 

A. Stringency of Current Standards Not 

Affected 

The most frequent comment 

concerned the possibility of current 

regulations being affected by these new 

methods. Examples of these concerns 

are: (1) Method 203B would increase the 

stringency of current time-exception 

regulations, (2) Methods 203A, B, and C 

would displace Tennessee’s four 

federally approved visible emission 

methods, and (3) decreasing the 

averaging time demands an increase in 

the level of the standard. 

Methods 203A, B, and C are not 

retroactive; they do not apply to existing 

regulations. Methods 203A, 203B, and 

203C are example methods for States to 

use in developing their SIP regulations. 

The addition of these methods to 

Appendix M of Part 51 will increase the 

number of opacity methods available to 

the State and will not affect the 

stringency of any existing standard. 

A comment regarding the data 

reduction procedures of Method 203B 

expressed a similar concern. Some 

current time-exception methods count 

the number of 1-minute averages that 

are over the maximum opacity 

specified. The sum of 1-minute averages 

must not exceed the number of 

exception-minutes specified in the 

applicable standard. Method 203B 

contains slightly different data 

reduction procedures in which the 

readings are not averaged, but each 

reading is viewed as a 15-second block 

of time. The number of readings above 

the specified opacity limit is multiplied 

by 0.25 resulting in the total number of 

minutes during which the maximum 

opacity level is exceeded. Method 203B 

is a slightly more stringent procedure 

than summing 1-minute averages. As 

mentioned above, Methods 203A, B, and 

C are not retroactive and the stringency 

of visible emission procedures need to 

be taken into account when the new or 

revised emission limits are developed. 

B. Four Readings Not a Reliable Data 

Sample 

We proposed two options when using 

Method 203C: Averaging four 15-second 

readings or averaging twelve 5-second 

readings. One commenter stated that 

four 15-second readings were not 

sufficient for Method 203C. Upon 

further review and examination of the 

data, we agree with the commenter and 

have eliminated the four 15-second 

reading option. Only the second option, 

averaging twelve 5-second readings, is 

prescribed in Method 203C. 

We also received comments on the 

proposed procedures for fugitive dust. 

However, because we are not taking 

final action on these procedures at this 

time, we are not responding to the 

comments here. 

IV. Changes to Proposed Methods 203A, 

B, and C 

A. Performance Results Added to the 

Methods 

The error associated with each 

method has been summarized from 

various field studies and is presented in 

Section 13 of each method. 

B. 15-Second Interval Option Removed 

From Method 203C 

The proposed option to use four 15- 

second readings for instantaneous 

limitation regulations has been removed 

from Method 203C. Twelve 5-second 

readings will be used when Method 

203C is specified for instantaneous 

regulations. 

V. Summary of Amendments to the 

NSPS 

Technical amendments are being 

made to 40 CFR Part 60 to correct 

existing errors in Subparts J, BB, and 

Appendix B and to amend a testing 

requirement in Subpart WWW. These 

technical amendments were proposed in 

the Federal Register on August 5, 2005 

(70 FR 45608). No comments were 

received from the public concerning 

these amendments. 

A. Petroleum Refineries (Subpart J) 

In § 60.106(b)(3) of the petroleum 

refinery NSPS, the equation for 

determining the coke burn-off rate is 

being corrected. 

B. Kraft Pulp Mills (Subpart BB) 

In § 60.284 of the kraft pulp mills 

NSPS, an inadvertent paragraph 

requiring that continuous emission 

monitors be subject to the quality 

assurance provisions of Appendix F is 

being deleted. 

C. Municipal Solid Waste Landfills 

(Subpart WWW) 

In § 60.752(b)(2)(iii)(A) of the 

municipal solid waste landfill NSPS, 

open flares are required to comply with 

the general flare provisions of § 60.18. In 

these provisions, the heat content of the 

flare gas is determined from an analysis 

of its organic compound and hydrogen 

content using Methods 18 and ASTM 

D1946, respectively. Methane is the 

primary organic compound of 

significance in landfill gas, and 

hydrogen is not likely to be present. 

Method 3C is easier to use than Method 

18 and has a more appropriate 

measurement range for the methane 

levels encountered at landfills. In 

addition, Method 3C determines oxygen 

and nitrogen which are needed to 

determine the flare gas exit velocity. In 

the past, sources have requested and 

received permission to used Method 3C 

in place of Methods 18 and ASTM 

D1946 under this rule. This amendment 

makes Method 3C the required test 

method for methane and removes the 

requirement to measure hydrogen by 

ASTM D1946. 

D. Performance Specification 2, 

Appendix B of Part 60 

In Performance Specification 2, an 

inadvertent omission in an October 17, 

2000 amendment removed an allowance 

for low-emitters when conducting 

relative accuracy tests. This amendment 

reinstates the allowance. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735 October 4, 1993), the Agency 

must determine whether the regulatory 


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action is ‘‘significant’’ and therefore 

subject to OMB review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, Local, or Tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs, or the rights and obligations 

of recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

We have determined that this rule is 

not a ‘‘significant regulatory action’’

under the terms of Executive Order 

12866 and is therefore not subject to 

OMB review. We have determined that 

this regulation would result in none of 

the economic effects set forth in Section 

1 of the Order because it does not 

impose emission measurement 

requirements beyond those specified in 

the current regulations, nor does it 

change any emission standard. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. The new test 

methods do not add information 

collection requirements beyond what is 

currently mandated. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR Part 9. 

C. Regulatory Flexibility Act 

EPA has determined that it is not 

necessary to prepare a regulatory 

flexibility analysis in connection with 

this final rule. 

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 regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. Entities 

potentially affected by this action 

include those listed in Table 1 of 

SUPPLEMENTARY INFORMATION. 

After considering the economic 

impacts of today’s final rule on small 

entities, we have concluded that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

will not impose any requirements on 

small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Pub. L. 

104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector. The rule imposes no 

enforceable duty on any State, local, or 

tribal governments or the private sector. 

In any event, EPA has determined that 

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. 

Thus, today’s rule is not subject to the 

requirements of Sections 202 and 205 of 

the UMRA. 

EPA has determined that this rule 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. This rule simply 

makes available alternative data 

reduction procedures that States can use 

at their discretion under their SIP 

opacity regulations. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

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

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ are defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’

This 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. Thus, Executive 

Order 13132 does not apply to this rule. 


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F. Executive Order 13175: Consultation 

and Coordination With Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have tribal implications as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175. 

In this final rule, we are simply adding 

test methods at the request of the States 

to increase the flexibility in testing for 

opacity of emissions. Thus, Executive 

Order 13175 does not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045 applies to any 

rule that: (1) Is determined to be 

‘‘economically significant’’ as defined 

under Executive Order 12866, and (2) 

concerns an environmental health or 

safety risk that EPA has reason to 

believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that are based on 

health or safety risks, such that the 

analysis required under section 5–501 of 

the Order has the potential to influence 

the regulation. This rule is not subject 

to Executive Order 13045 because it is 

based on technology performance and 

not on health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, ‘‘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 and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104–

113, 12(d) (15 U.S.C. 272), directs EPA 

to use voluntary consensus standards 

(VCS) 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, business practices, etc.) that 

are developed or adopted by VCS 

bodies. The NTTAA requires EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable VCS. 

During this rulemaking, we identified 

no VCS that might be applicable. 

Specifically, there were none that 

addressed opacity data reduction 

provisions differently than what 

currently exists in Method 9 of 40 CFR 

Part 60, Appendix A. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12848 (58 FR 7629, 

February 11, 1994) requires that each 

Federal agency make achieving 

environmental justice part of its mission 

by identifying and addressing, as 

appropriate, disproportionately high 

and adverse human health or 

environmental effects of its programs, 

policies, and activities on minorities 

and low-income populations. This rule 

contains optional test procedures that 

do not place disproportionate human 

health or environmental effects of 

minority or low-income populations. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after its publication in the 

Federal Register. This action is not a 

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

804(2). This rule will be effective. 

List of Subjects in 40 CFR Parts 51 and 

60 

Administrative practice and 

procedure, Air pollution control, Carbon 

monoxide, Continuous emission 

monitors, Environmental protection, 

Intergovernmental relations, Lead, New 

sources, Nitrogen dioxide, Ozone, 

Particulate matter, Performance 

specifications, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Test methods and procedures, 

Volatile organic compounds. 

Dated: September 14, 2006. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I, of the Code of Federal 

Regulations is amended as follows: 

PART 51—[AMENDED] 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401–

7671q. 

■ 2. Appendix M is amended by 

numerically adding the following 

method titles at the beginning of 

Appendix M and by numerically adding 

Methods 203A, 203B, and 203C as 

follows: 

Appendix M to Part 51—Recommended 

Test Methods for State Implementation 

Plans 

* * * * * 

Method 203A—Visual Determination of 

Opacity of Emissions from Stationary 

Sources for Time-Averaged Regulations. 

Method 203B—Visual Determination of 

Opacity of Emissions from Stationary 

Sources for Time-Exception Regulations. 

Method 203C—Visual Determination of 

Opacity of Emissions from Stationary 

Sources for Instantaneous Regulations. 

* * * * * 

Method 203A—Visual Determination of 

Opacity of Emissions from Stationary 

Sources for Time-Averaged Regulations 

1.0 Scope and Application 

What is Method 203A? 

Method 203A is an example test method 

suitable for State Implementation Plans (SIP) 

and is applicable to the determination of the 

opacity of emissions from sources of visible 

emissions for time-averaged regulations. A 

time-averaged regulation is any regulation 

that requires averaging visible emission data 

to determine the opacity of visible emissions 

over a specific time period. 

Method 203A is virtually identical to 

EPA’s Method 9 of 40 CFR Part 60, Appendix 

A, except for the data-reduction procedures, 

which provide for averaging times other than 

6 minutes. Therefore, using Method 203A 

with a 6-minute averaging time would be the 

same as following EPA Method 9. The 

certification procedures for this method are 


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identical to those provided in Method 9 and 

are provided here, in full, for clarity and 

convenience. An example visible emission 

observation form and instructions for its use 

can be found in reference 7 of Section 17 of 

Method 9. 

2.0 Summary of Method 

The opacity of emissions from sources of 

visible emissions is determined visually by 

an observer certified according to the 

procedures in Section 10 of this method. 

Readings taken every 15 seconds are 

averaged over a time period specified in the 

applicable regulation ranging from 2 minutes 

to 6 minutes. 

3.0 Definitions [Reserved] 

4.0 Interferences [Reserved] 

5.0 Safety [Reserved] 

6.0 Equipment and Supplies 

What equipment and supplies are needed? 

6.1 Stop Watch. Two watches are 

required that provide a continuous display of 

time to the nearest second. 

6.2 Compass (optional). A compass is 

useful for determining the direction of the 

emission point from the spot where the 

visible emissions (VE) observer stands and 

for determining the wind direction at the 

source. For accurate readings, the compass 

should be magnetic with resolution better 

than 10 degrees. It is suggested that the 

compass be jewel-mounted and liquid-filled 

to dampen the needle swing; map reading 

compasses are excellent. 

6.3 Range Finder (optional). Range 

finders determine distances from the 

observer to the emission point. The 

instrument should measure a distance of 

1000 meters with a minimum accuracy of ±10 

percent. 

6.4 Abney Level (optional). This device 

for determining the vertical viewing angle 

should measure within 5 degrees. 

6.5 Sling Psychrometer (optional). In case 

of the formation of a steam plume, a wet- and 

dry-bulb thermometer, accurate to 0.5 °C, are 

mounted on a sturdy assembly and swung 

rapidly in the air in order to determine the 

relative humidity. 

6.6 Binoculars (optional). Binoculars are 

recommended to help identify stacks and to 

characterize the plume. An 8 x 50 or 10 x 50 

magnification, color-corrected coated lenses 

and rectilinear field of view is recommended. 

6.7 Camera (optional). A camera is often 

used to document the emissions before and 

after the actual opacity determination. 

6.8 Safety Equipment. The following 

safety equipment, which should be approved 

by the Occupational Safety and Health 

Association (OSHA), is recommended: 

orange or yellow hard hat, eye and ear 

protection, and steel-toed safety boots. 

6.9 Clipboard and Accessories (optional). 

A clipboard, several ball-point pens (black 

ink recommended), a rubber band, and 

several visible emission observation forms 

facilitate documentation. 

7.0 Reagents and Standards (Reserved] 

8.0 Sample Collection, Preservation, 

Storage, and Transport 

What is the Test Procedure? 

An observer qualified in accordance with 

Section 10 of this method must use the 

following procedures to visually determine 

the opacity of emissions from stationary 

sources. 

8.1 Procedure for Emissions from Stacks. 

These procedures are applicable for visually 

determining the opacity of stack emissions by 

a qualified observer. 

8.1.1 Position. You must stand at a 

distance sufficient to provide a clear view of 

the emissions with the sun oriented in the 

140-degree sector to your back. Consistent 

with maintaining the above requirement as 

much as possible, you must make opacity 

observations from a position such that the 

line of vision is approximately perpendicular 

to the plume direction, and when observing 

opacity of emissions from rectangular outlets 

(e.g., roof monitors, open baghouses, noncircular stacks), approximately perpendicular 

to the longer axis of the outlet. You should 

not include more than one plume in the line 

of sight at a time when multiple plumes are 

involved and, in any case, make opacity 

observations with the line of sight 

perpendicular to the longer axis of such a set 

of multiple stacks (e.g., stub stacks on 

baghouses). 

8.1.2 Field Records. You must record the 

name of the plant, emission location, type of 

facility, observer’s name and affiliation, a 

sketch of the observer’s position relative to 

the source, and the date on a field data sheet. 

An example visible emission observation 

form can be found in reference 7 of Section 

17 of this method. You must record the time, 

estimated distance to the emission location, 

approximate wind direction, estimated wind 

speed, description of the sky condition 

(presence and color of clouds), and plume 

background on the field data sheet at the time 

opacity readings are initiated and completed. 

8.1.3 Observations. You must make 

opacity observations at the point of greatest 

opacity in that portion of the plume where 

condensed water vapor is not present. Do not 

look continuously at the plume but, instead, 

observe the plume momentarily at 15-second 

intervals. 

8.1.3.1 Attached Steam Plumes. When 

condensed water vapor is present within the 

plume as it emerges from the emission outlet, 

you must make opacity observations beyond 

the point in the plume at which condensed 

water vapor is no longer visible. You must 

record the approximate distance from the 

emission outlet to the point in the plume at 

which the observations are made. 

8.1.3.2 Detached Steam Plumes. When 

water vapor in the plume condenses and 

becomes visible at a distinct distance from 

the emission outlet, you must make the 

opacity observation at the emission outlet 

prior to the condensation of water vapor and 

the formation of the steam plume. 

8.2 Recording Observations. You must 

record the opacity observations to the nearest 

5 percent every 15 seconds on an 

observational record sheet such as the 

example visible emission observation form in 

reference 7 of Section 17 of this method. 

Each observation recorded represents the 

average opacity of emissions for a 15-second 

period. The overall length of time for which 

observations are recorded must be 

appropriate to the averaging time specified in 

the applicable regulation. 

9.0 Quality Control [Reserved] 

10.0 Calibration and Standardization 

10.1 What are the Certification 

Requirements? To receive certification as a 

qualified observer, you must be trained and 

knowledgeable on the procedures in Section 

8.0 of this method, be tested and demonstrate 

the ability to assign opacity readings in 5 

percent increments to 25 different black 

plumes and 25 different white plumes, with 

an error not to exceed 15 percent opacity on 

any one reading and an average error not to 

exceed 7.5 percent opacity in each category. 

You must be tested according to the 

procedures described in Section 10.2 of this 

method. Any smoke generator used pursuant 

to Section 10.2 of this method must be 

equipped with a smoke meter which meets 

the requirements of Section 10.3 of this 

method. Certification tests that do not meet 

the requirements of Sections 10.2 and 10.3 of 

this method are not valid. 

The certification must be valid for a period 

of 6 months, and after each 6-month period, 

the qualification procedures must be 

repeated by an observer in order to retain 

certification. 

10.2 What is the Certification Procedure? 

The certification test consists of showing the 

candidate a complete run of 50 plumes, 25 

black plumes and 25 white plumes, 

generated by a smoke generator. Plumes must 

be presented in random order within each set 

of 25 black and 25 white plumes. The 

candidate assigns an opacity value to each 

plume and records the observation on a 

suitable form. At the completion of each run 

of 50 readings, the score of the candidate is 

determined. If a candidate fails to qualify, the 

complete run of 50 readings must be repeated 

in any retest. The smoke test may be 

administered as part of a smoke school or 

training program, and may be preceded by 

training or familiarization runs of the smoke 

generator during which candidates are shown 

black and white plumes of known opacity. 

10.3 Smoke Generator. 

10.3.1 What are the Smoke Generator 

Specifications? Any smoke generator used for 

the purpose of Section 10.2 of this method 

must be equipped with a smoke meter 

installed to measure opacity across the 

diameter of the smoke generator stack. The 

smoke meter output must display in-stack 

opacity, based upon a path length equal to 

the stack exit diameter on a full 0 to 100 

percent chart recorder scale. The smoke 

meter optical design and performance must 

meet the specifications shown in Table 

203A–1 of this method. The smoke meter 

must be calibrated as prescribed in Section 

10.3.2 of this method prior to conducting 

each smoke reading test. At the completion 

of each test, the zero and span drift must be 

checked and, if the drift exceeds ± 1 percent 

opacity, the condition must be corrected 

prior to conducting any subsequent test runs. 

The smoke meter must be demonstrated at 


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the time of installation to meet the 

specifications listed in Table 203A–1 of this 

method. This demonstration must be 

repeated following any subsequent repair or 

replacement of the photocell or associated 

electronic circuitry including the chart 

recorder or output meter, or every 6 months, 

whichever occurs first. 

10.3.2 How is the Smoke Meter 

Calibrated? The smoke meter is calibrated 

after allowing a minimum of 30 minutes 

warm-up by alternately producing simulated 

opacity of 0 percent and 100 percent. When 

a stable response at 0 percent or 100 percent 

is noted, the smoke meter is adjusted to 

produce an output of 0 percent or 100 

percent, as appropriate. This calibration must 

be repeated until stable 0 percent and 100 

percent readings are produced without 

adjustment. Simulated 0 percent and 100 

percent opacity values may be produced by 

alternately switching the power to the light 

source on and off while the smoke generator 

is not producing smoke. 

10.3.3 How is the Smoke Meter 

Evaluated? The smoke meter design and 

performance are to be evaluated as follows: 

10.3.3.1 Light Source. You must verify 

from manufacturer’s data and from voltage 

measurements made at the lamp, as installed, 

that the lamp is operated within 5 percent of 

the nominal rated voltage. 

10.3.3.2 Spectral Response of the 

Photocell. You must verify from 

manufacturer’s data that the photocell has a 

photopic response; i.e., the spectral 

sensitivity of the cell must closely 

approximate the standard spectral-luminosity 

curve for photopic vision which is referenced 

in (b) of Table 203A–1 of this method. 

10.3.3.3 Angle of View. You must check 

construction geometry to ensure that the total 

angle of view of the smoke plume, as seen 

by the photocell, does not exceed 15 degrees. 

Calculate the total angle of view as follows: 

jv = 2 tan-1 (d/2L) 

Where: 

jv = Total angle of view 

d = The photocell diameter + the diameter of 

the limiting aperture 

L = Distance from the photocell to the 

limiting aperture. 

The limiting aperture is the point in the path 

between the photocell and the smoke plume 

where the angle of view is most restricted. In 

smoke generator smoke meters, this is 

normally an orifice plate. 

10.3.3.4 Angle of Projection. You must 

check construction geometry to ensure that 

the total angle of projection of the lamp on 

the smoke plume does not exceed 15 degrees. 

Calculate the total angle of projection as 

follows: 

jp = 2 tan-1 (d/2L) 

Where: 

jp = Total angle of projection 

d = The sum of the length of the lamp 

filament + the diameter of the limiting 

aperture 

L = The distance from the lamp to the 

limiting aperture. 

10.3.3.5 Calibration Error. Using neutraldensity filters of known opacity, you must 

check the error between the actual response 

and the theoretical linear response of the 

smoke meter. This check is accomplished by 

first calibrating the smoke meter according to 

Section 10.3.2 of this method and then 

inserting a series of three neutral-density 

filters of nominal opacity of 20, 50, and 75 

percent in the smoke meter path length. Use 

filters calibrated within 2 percent. Care 

should be taken when inserting the filters to 

prevent stray light from affecting the meter. 

Make a total of five non-consecutive readings 

for each filter. The maximum opacity error 

on any one reading shall be ±3 percent. 

10.3.3.6 Zero and Span Drift. Determine 

the zero and span drift by calibrating and 

operating the smoke generator in a normal 

manner over a 1-hour period. The drift is 

measured by checking the zero and span at 

the end of this period. 

10.3.3.7 Response Time. Determine the 

response time by producing the series of five 

simulated 0 percent and 100 percent opacity 

values and observing the time required to 

reach stable response. Opacity values of 0 

percent and 100 percent may be simulated by 

alternately switching the power to the light 

source off and on while the smoke generator 

is not operating. 

11.0 Analytical Procedures [Reserved] 

12.0 Data Analysis and Calculations 

12.1 Time-Averaged Regulations. A set of 

observations is composed of an appropriate 

number of consecutive observations 

determined by the averaging time specified 

(i.e., 8 observations for a two minute 

average). Divide the recorded observations 

into sets of appropriate time lengths for the 

specified averaging time. Sets must consist of 

consecutive observations; however, 

observations immediately preceding and 

following interrupted observations shall be 

deemed consecutive. Sets need not be 

consecutive in time and in no case shall two 

sets overlap. For each set of observations, 

calculate the average opacity by summing the 

opacity readings taken over the appropriate 

time period and dividing by the number of 

readings. For example, for a 2-minute 

average, eight consecutive readings would be 

averaged by adding the eight readings and 

dividing by eight. 

13.0 Method Performance 

13.1 Time-averaging Performances. The 

accuracy of test procedures for time-averaged 

regulations was evaluated through field 

studies that compare the opacity readings to 

a transmissometer. Analysis of these data 

shows that, as the time interval for averaging 

increases, the positive error decreases. For 

example, over a 2-minute time period, 90 

percent of the results underestimated opacity 

or overestimated opacity by less than 9.5 

percent opacity, while over a 6-minute time 

period, 90 percent of the data have less than 

a 7.5 percent positive error. Overall, the field 

studies demonstrated a negative bias. Over a 

2-minute time period, 57 percent of the data 

have zero or negative error, and over a 6- 

minute time period, 58 percent of the data 

have zero or negative error. This means that 

observers are more likely to assign opacity 

values that are below, rather than above, the 

actual opacity value. Consequently, a larger 

percentage of noncompliance periods will be 

reported as compliant periods rather than 

compliant periods reported as violations. 

Table 203A–2 highlights the precision data 

results from the June 1985 report: ‘‘Opacity 

Errors for Averaging and Non Averaging Data 

Reduction and Reporting Techniques.’’

14.0 Pollution Prevention [Reserved] 

15.0 Waste Management [Reserved] 

16.0 Alternative Procedures [Reserved] 

17.0 References 

1. U.S. Environmental Protection Agency. 

Standards of Performance for New Stationary 

Sources; Appendix A; Method 9 for Visual 

Determination of the Opacity of Emissions 

from Stationary Sources. Final Rule. 39 FR 

219. Washington, DC. U.S. Government 

Printing Office. November 12, 1974. 

2. Office of Air and Radiation. ‘‘Quality 

Assurance Guideline for Visible Emission 

Training Programs.’’ EPA–600/S4–83–011. 

Quality Assurance Division. Research 

Triangle Park, NC. May 1982. 

3. Office of Research and Development. 

‘‘Method 9—Visible Determination of the 

Opacity of Emissions from Stationary 

Sources.’’ February 1984. Quality Assurance 

Handbook for Air Pollution Measurement 

Systems. Volume III, Section 3.1.2. Stationary 

Source Specific Methods. EPA–600–4–77–

027b. August 1977. Office of Research and 

Development Publications, 26 West Clair 

Street, Cincinnati, OH. 

4. Office of Air Quality Planning and 

Standards. ‘‘Opacity Error for Averaging and 

Non-averaging Data Reduction and Reporting 

Techniques.’’ Final Report–SR–1–6–85. 

Emission Measurement Branch, Research 

Triangle Park, NC. June 1985. 

5. U.S. Environmental Protection Agency. 

Preparation, Adoption, and Submittal of 

State Implementation Plans. Methods for 

Measurement of PM10 Emissions from 

Stationary Sources. Final Rule. Federal 

Register. Washington, DC. U.S. Government 

Printing Office. Volume 55, No. 74. Pages 

14246–14279. April 17, 1990. 

6. Office of Air Quality Planning and 

Standards. ‘‘Collaborative Study of Opacity 

Observations of Fugitive Emissions from 

Unpaved Roads by Certified Observers.’’

Emission Measurement Branch, Research 

Triangle Park, NC. October 1986. 

7. Office of Air Quality Planning and 

Standards. ‘‘Field Data Forms and 

Instructions for EPA Methods 203A, 203B, 

and 203C.’’ EPA 455/R–93–005. Stationary 

Source Compliance Division, Washington, 

DC, June 1993. 

18.0 Tables, Diagrams, Flowcharts, and 

Validation Data 


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TABLE 203A–1.—SMOKE METER DESIGN AND PERFORMANCE SPECIFICATIONS

Parameter Specification 

a. Light Source ......................................................................................... Incandescent lamp operated at nominal rated voltage. 

b. Spectral response of photocell ............................................................. Photopic (daylight spectral response of the human eye—Citation 3). 

c. Angle of view ........................................................................................ 15° maximum total angle. 

d. Angle of projection ............................................................................... 15° maximum total angle. 

e. Calibration error .................................................................................... ±3% opacity, maximum. 

f. Zero and span drift ................................................................................ ±1% opacity, 30 minutes 

g. Response time ..................................................................................... 5 seconds. 

TABLE 203A–2.—PRECISION BETWEEN OBSERVERS: OPACITY AVERAGING

Averaging period Number of 

observations 

Standard 

deviation 

(% opacity) 

Amount with 

<7.5% opacity 

difference 

15-second .................................................................................................................................... 140,250 3.4 87 

2 minutes ..................................................................................................................................... 17,694 2.6 92 

3 minutes ..................................................................................................................................... 11,836 2.4 92 

6 minutes ..................................................................................................................................... 5,954 2.1 93 

Method 203B—Visual Determination of 

Opacity of Emissions From Stationary 

Sources for Time-Exception Regulations 

1.0 Scope and Application 

What is Method 203B? 

Method 203B is an example test method 

suitable for State Implementation Plans 

(SIPs) and is applicable to the determination 

of the opacity of emissions from sources of 

visible emissions for time-exception 

regulations. A time-exception regulation 

means any regulation that allows predefined 

periods of opacity above the otherwise 

applicable opacity limit (e.g., allowing 

exceedances of 20 percent opacity for 3 

minutes in 1 hour.) 

Method 203B is virtually identical to EPA’s 

Method 9 of 40 CFR part 60, Appendix A, 

except for the data-reduction procedures, 

which have been modified to apply to timeexception regulations. The certification 

procedures for this method are identical to 

those provided in Method 9. An example of 

a visible emission observation form and 

instructions for its use can be found in 

reference 7 of Section 17 of Method 203A. 

2.0 Summary of Method 

The opacity of emissions from sources of 

visible emissions is determined visually by a 

qualified observer. 

3.0 Definitions [Reserved] 

4.0 Interferences [Reserved] 

5.0 Safety [Reserved] 

6.0 Equipment and Supplies 

What equipment and supplies are needed? 

The same as specified in Section 6.0 of 

Method 203A. 

7.0 Reagents and Standards [Reserved] 

8.0 Sample Collection, Preservation, 

Storage, and Transport 

What is the Test Procedure? 

The observer qualified in accordance with 

Section 10 of Method 203A must use the 

following procedures for visually 

determining the opacity of emissions. 

8.1 Procedures for Emissions From 

Stationary Sources. The procedures for 

emissions from stationary sources are the 

same as specified in 8.1 of Method 203A. 

8.2 Recording Observations. You must 

record opacity observations to the nearest 5 

percent at 15-second intervals on an 

observational record sheet. Each observation 

recorded represents the average opacity of 

emissions for a 15-second period. The overall 

length of time for which observations are 

recorded must be appropriate to the 

applicable regulation. 

9.0 Quality Control [Reserved] 

10.0 Calibration and Standardization 

The Calibration and Standardization 

requirements are the same as specified in 

Section 10 of Method 203A. 

11.0 Analytical Procedures [Reserved] 

12.0 Data Analysis and Calculations 

Data Reduction for Time-Exception 

Regulations. For a time-exception regulation, 

reduce opacity observations as follows: 

Count the number of observations above the 

applicable standard and multiply that 

number by 0.25 to determine the minutes of 

emissions above the target opacity. 

13.0 Method Performance 

13.1 Time-Exception Regulations. 

‘‘Opacity Errors for Averaging and NonAveraging Data Reduction and Reporting 

Techniques’’ analyzed the time errors 

associated with false compliance or false 

non-compliance determinations resulting 

from a sample of 1110 opacity readings with 

6-minute observation periods. The study 

applied a 20 percent opacity standard. Fiftyone percent of the data showed zero error in 

time determinations. The standard deviation 

was 97.5 seconds for the 6-minute time 

period. 

13.1.1 Overall, the study showed a 

negative bias. Each reading is associated with 

a 15-second block of time. The readings were 

multiplied by 15 seconds and the resulting 

time spent above the standard was compared 

to the transmissometer results. The average 

amount of time that observations deviated 

from the transmissometer’s determinations 

was –8.3 seconds. Seventy percent of the 

time determinations were either correct or 

underestimated the time of excess emissions. 

Consequently, a larger percentage of 

noncompliance periods would be reported as 

compliant periods rather than compliant 

periods reported as violations. 

13.1.2 Some time-exception regulations 

reduce the data by averaging over 1-minute 

periods and then counting those minutes 

above the standard. This data reduction 

procedure results in a less stringent standard 

than determinations resulting from data 

reduction procedures of Method 203B. 

14.0 Pollution Prevention [Reserved] 

15.0 Waste Management [Reserved] 

16.0 Alternative Procedures [Reserved] 

17.0 References 

The references are the same as specified in 

Section 17 of Method 203A. 

18.0 Tables, Diagrams, Flowcharts, and 

Validation Data [Reserved] 

Method 203C—Visual Determination of 

Opacity of Emissions From Stationary 

Sources for Instantaneous Limitation 

Regulations 

1.0 Scope and Application 

What is Method 203C? 

Method 203C is an example test method 

suitable for State Implementation Plans 

(SIPs) and is applicable to the determination 

of the opacity of emissions from sources of 

visible emissions for regulations with an 

instantaneous opacity limitation. An 

instantaneous opacity limitation is an opacity 

limit which is never to be exceeded. 

Method 203C is virtually identical to EPA’s 

Method 9 of 40 CFR Part 60, Appendix A, 

except for 5-second reading intervals and the 

data-reduction procedures, which have been 

modified for instantaneous limitation 

regulations. The certification procedures for 


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this method are virtually identical to Method 

9. An example visible emission observation 

form and instructions for its use can be found 

in reference 7 of Section 17 of Method 203A. 

2.0 Summary of Method 

The opacity of emissions from sources of 

visible emissions is determined visually by 

an observer certified according to the 

procedures in Section 10 of Method 203A. 

3.0 Definitions [Reserved] 

4.0 Interferences [Reserved] 

5.0 Safety [Reserved] 

6.0 Equipment and Supplies 

The equipment and supplies used are the 

same as Section 6.0 of Method 203A. 

7.0 Reagents and Standards [Reserved] 

8.0 Sample Collection, Preservation, 

Storage, and Transport 

What is the Test Procedure? 

The qualified observer must use the 

following procedures for visually 

determining the opacity of emissions. 

8.1 Procedures for Emissions From 

Stationary Sources. These are the same as 

Section 8.1 of Method 203A. 

8.1.1 Position. Same as Section 8.1.1 of 

Method 203A. 

8.1.2 Field Records. Same as Section 8.1.2 

of Method 203A. 

8.1.3 Observations. Make opacity 

observations at the point of greatest opacity 

in that portion of the plume where 

condensed water vapor is not present. Do not 

look continuously at the plume, instead, 

observe the plume momentarily at 5-second 

intervals. 

8.1.3.1 Attached Steam Plumes. Same as 

Section 8.1.3.1 of Method 203A. 

8.1.3.2 Detached Steam Plumes. Same as 

Section 8.1.3.2 of Method 203A. 

8.2 Recording Observations. You must 

record opacity observations to the nearest 5 

percent at 5-second intervals on an 

observational record sheet. Each observation 

recorded represents the average of emissions 

for the 5-second period. The overall time for 

which recordings are made must be of a 

length appropriate to the applicable 

regulation for which opacity is being 

measured. 

9.0 Quality Control [Reserved] 

10.0 Calibration and Standardization 

The calibration and standardization 

procedures are the same as Section 10 of 

Method 203A. 

11.0 Analytical Procedures [Reserved] 

12.0 Data Analysis and Calculations 

12.1 Data Reduction for Instantaneous 

Limitation Regulations. For an instantaneous 

limitation regulation, a 1-minute averaging 

time will be used. You must divide the 

observations recorded on the record sheet 

into sets of consecutive observations. A set is 

composed of the consecutive observations 

made in 1 minute. Sets need not be 

consecutive in time, and in no case must two 

sets overlap. You must reduce opacity 

observations by dividing the sum of all 

observations recorded in a set by the number 

of observations recorded in each set. 

12.2 Reduce opacity observations by 

averaging 12 consecutive observations 

recorded at 5-second intervals. Divide the 

observations recorded on the record sheet 

into sets of 12 consecutive observations. For 

each set of 12 observations, calculate the 

average by summing the opacity of the 12 

observations and dividing this sum by 12. 

13.0 Method Performance 

The results of the ‘‘Collaborative Study of 

Opacity Observations at Five-second 

Intervals by Certified Observers’’ are almost 

identical to those of previous studies of 

Method 9 observations taken at 15-second 

intervals and indicate that observers can 

make valid observations at 5-second 

intervals. The average difference of all 

observations from the transmissometer values 

was 8.8 percent opacity, which shows a fairly 

high negative bias. Underestimating the 

opacity of the visible emissions is more likely 

than overestimating the opacity of the 

emissions. 

14.0 Pollution Prevention [Reserved] 

15.0 Waste Management [Reserved] 

16.0 Alternative Procedures [Reserved] 

17.0 References 

The references are the same as references 

1–7 in Method 203A in addition to the 

following: 

1. Office of Air Quality Planning and 

Standards. ‘‘Collaborative Study of Opacity 

Observations at Five-second Intervals by 

Certified Observers.’’ Docket A–84–22, IV–A–

2. Emission Measurement Branch, Research 

Triangle Park, N.C. September 1990. 

18.0 Tables, Diagrams, Flowcharts, and 

Validation Data 

* * * * * 

PART 60—[AMENDED] 

■ 3. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401, 7411, 7413, 

7414, 7416, 7601, and 7602. 

■ 4. Amend § 60.106(b)(3) by revising 

the equation to read as follows: 

§ 60.106 Test methods and procedures. 

* * * * * 

(b) * * * 

(3) * * * 

Rc = K1Qr (%CO2 + %CO) + K2Qa ¥ 

K3Qr(%CO/2 + %CO2 + %O2) 

* * * * * 

■ 5. Revise § 60.284(f) to read as 

follows: 

§ 60.284 Monitoring of emissions and 

operations. 

* * * * * 

(f) The procedures under § 60.13 shall 

be followed for installation, evaluation, 

and operation of the continuous 

monitoring systems required under this 

section. All continuous monitoring 

systems shall be operated in accordance 

with the applicable procedures under 

Performance Specifications 1, 3, and 5 

of appendix B of this part. 

§ 60.752 [Amended] 

■ 6. Revise § 60.752(b)(2)(iii)(A) to read 

as follows: 

§ 60.752 Standards for air emissions from 

municipal solid waste landfills. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) * * * 

(A) An open flare designed and 

operated in accordance with § 60.18 

except as noted in § 60.754(e); 

* * * * * 

§ 60.754 [Amended] 

■ 7. Amend § 60.754 by adding 

paragraph (e) to read as follows: 

§ 60.754 Test Methods and Procedures. 

* * * * * 

(e) For the performance test required 

in § 60.752(b)(2)(iii)(A), the net heating 

value of the combusted landfill gas as 

determined in § 60.18(f)(3) is calculated 

from the concentration of methane in 

the landfill gas as measured by Method 

3C. A minimum of three 30-minute 

Method 3C samples are determined. The 

measurement of other organic 

components, hydrogen, and carbon 

monoxide is not applicable. Method 3C 

may be used to determine the landfill 

gas molecular weight for calculating the 

flare gas exit velocity under 

§ 60.18(f)(4). 

■ 8. In Appendix A–7, Method 24 is 

amended by adding Section 6.7 to read 

as follows: 

Appendix A–7 to Part 60—Test 

Methods 19 Through 25E 

* * * * * 

Method 24—Determination of Volatile 

Matter Content, Water Content, Density, 

Volume Solids, and Weight Solids of Surface 

Coatings 

* * * * * 

6.7 ASTM D 6419–00, Test Method for 

Volatile Content of Sheet-Fed and Coldset 

Web Offset Printing Inks. 

* * * * * 

■ 9. In Appendix B, Performance 

Specification 2 is amended by adding a 

sentence to the end of Section 13.2 to 

read as follows: 

Appendix B to Part 60—Performance 

Specifications 

* * * * * 


rmajette on PROD1PC67 with RULES1
55128 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations 

Performance Specification 2—Specifications 

and Test Procedures for SO2 and NOX

Continuous Emission Monitoring Systems in 

Stationary Sources 

* * * * * 

13.2 * * * For SO2 emission standards of 

130 to and including 86 ng/J (0.30 and 0.20 

lb/million Btu), inclusive, use 15 percent of 

the applicable standard; below 86 ng/J (0.20 

lb/million Btu), use 20 percent of the 

emission standard. 

* * * * * 

[FR Doc. 06–7907 Filed 9–20–06; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7945] 

Suspension of Community Eligibility 

AGENCY: Mitigation Division, Federal 

Emergency Management Agency 

(FEMA), Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If FEMA receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

EFFECTIVE DATES: The effective date of 

each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

ADDRESSES: If you want to determine 

whether a particular community was 

suspended on the suspension date, 

contact the appropriate FEMA Regional 

Office. 

FOR FURTHER INFORMATION CONTACT: 

David Stearrett, Mitigation Division, 500 

C Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59 et seq. Accordingly, the communities 

will be suspended on the effective date 

in the third column. As of that date, 

flood insurance will no longer be 

available in the community. However, 

some of these communities may adopt 

and submit the required documentation 

of legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

their eligibility for the sale of insurance. 

A notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 is 

revised to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ The tables published under the 

authority of § 64.6 are amended as 

follows: 


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