2456 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 49, 60, 75, 89, 92, 94, 761, 

and 1065 

[EPA–HQ–OPPT–2010–0518; FRL–8880–4] 

RIN 2070–AJ51 

Incorporation of Revised ASTM 

Standards That Provide Flexibility in 

the Use of Alternatives to MercuryContaining Industrial Thermometers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is promulgating a final 

rule to incorporate the most recent 

versions of ASTM International (ASTM) 

standards into EPA regulations that 

provide flexibility to use alternatives to 

mercury-containing industrial 

thermometers. This final rule will allow 

the use of such alternatives in certain 

field and laboratory applications 

previously impermissible as part of 

compliance with EPA regulations. EPA 

believes the older embedded ASTM 

standards unnecessarily impede the use 

of effective, comparable, and available 

alternatives to mercury-containing 

industrial thermometers. Due to 

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 industrial thermometers. 

DATES: This final rule is effective March 

19, 2012. The incorporation by reference 

of certain publications listed in the final 

rule is approved by the Director of the 

Federal Register as of March 19, 2012. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2010–0518. 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., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket 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) at 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; 

email 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; email address: TSCA– 

Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be potentially affected by 

this action if you use mercurycontaining industrial thermometers in 

laboratories, for field analysis (e.g., 

including usage at petroleum storage or 

refining facilities), 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. 

II. Background 

A. What action is the agency taking? 

The Agency is promulgating a final 

rule, which was proposed in the Federal 

Register issue of January 12, 2011 (76 

FR 2056) (FRL–8846–6), to incorporate 

into EPA regulations revised ASTM 

standards that provide flexibility to the 

regulated community to use alternatives 

to mercury-containing industrial 

thermometers. As part of the Agency’s 

mercury reduction effort and pursuant 

to the ‘‘EPA Roadmap for Mercury, 

Chapter 2: Addressing Mercury Uses in 

Products and Processes,’’ available at 

http://www.epa.gov/hg/roadmap.htm, 

EPA is removing unnecessary 

requirements to use mercury-containing 

industrial thermometers where viable 

and comparable non-mercury 

substitutes exist in the market. EPA is 

specifically updating regulations to 

incorporate three ASTM standards 

(D5865–10, D445–09, and D93–09) that 

allow for the use of alternatives to 

mercury-containing industrial 

thermometers. The Agency is updating 

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, 75, 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 ASTM 

standards (D445–09 and D93–09) 

provide the flexibility to use alternatives 

to mercury-containing industrial 

thermometers, but do not require their 

use. EPA is amending Agency 

regulations to allow the use of the 

updated ASTM standard D5865–10 and 

the previous ASTM standards, D5856– 

01a, D5856–03a, and D5856–04 so that 

flexibility is given to use mercury-free 

thermometers, but not required. 

Although commenters on the proposed 

rule stated that EPA should not allow 

the flexibility to use previous versions 

of ASTM D–5865 so that mercury-free 

thermometers would be required, the 

intent of this final rule is to provide the 

flexibility to use mercury-containing 

industrial thermometers while not 

specifically requiring their use. 

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 


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into methylmercury. Mercury exposure 

can also occur by inhalation of 

elemental mercury from breakage or 

improper disposal of mercurycontaining products such as mercurycontaining industrial thermometers. 

Inhalation exposure of elemental 

mercury can lead to neurotoxic and 

developmental neurotoxic effects. 

The National Institute of Standards 

and Technology (NIST), a U.S. 

government agency devoted to 

advancing measurement science, 

standards, and technology, believes 

there are no fundamental barriers to the 

replacement of mercury-containing 

industrial thermometers. Supporting 

this assertion, on March 1, 2011, NIST 

discontinued the calibration of mercurycontaining industrial thermometers. By 

discontinuing these calibrations, NIST 

supports their professional opinion that 

mercury-containing industrial 

thermometers are no longer the highest 

standard for accurate and reproducible 

temperature measurement. Although 

previously perceived as superior in 

performance, mercury-containing 

industrial thermometers have readily 

available and comparable alternatives 

such as platinum resistance 

thermometers, thermistors, 

thermocouples, and portable electronic 

thermometers (PETs). 

Although a start, the ASTM standards 

(D5865–10, D445–09, and D93–09) 

addressed in this final rule comprise 

only a small percentage of the ASTM 

standards referenced within EPA 

regulations that require the use of 

mercury-containing industrial 

thermometers. Further revisions to these 

other relevant ASTM standards would 

be necessary before EPA could provide 

more comprehensive flexibility to the 

regulated community. To facilitate the 

use of mercury alternatives, EPA 

encourages ASTM, in the spirit of 

pollution prevention, to expeditiously 

review and revise standards that require 

the use of mercury-containing industrial 

thermometers, particularly those 

currently embedded in EPA regulations. 

More specifically, EPA encourages 

ASTM committee chairs to support EPA 

in making committee members aware of 

committee standards that require the 

use of mercury-containing industrial 

thermometers. 

In addition to EPA regulations that 

reference ASTM standards, certain EPA 

regulations directly require the use of 

mercury-containing industrial 

thermometers. Most of these regulations 

are pursuant to CAA; EPA’s Office of 

Air and Radiation intends to address 

them through a separate rulemaking. For 

ASTM standards contained within State 

implementation plan (SIP) approvals, 

the Agency would need to address each 

ASTM standard separately after 

consultation with the States. 

Additionally, analytical methods 

required under the Resource 

Conservation and Recovery Act (RCRA) 

that use mercury-containing industrial 

thermometers as a Method Defined 

Parameter (MDP) were not addressed in 

the proposed rule and will not be 

addressed in this final rule. EPA plans 

to make revisions to MDPs that require 

the use of mercury-containing industrial 

thermometers at a future date. While the 

Office of Solid Waste and Emergency 

Response (OSWER) Methods Innovation 

Rule (MIR), published in the Federal 

Register issue of June 14, 2005 (70 FR 

34538) (FRL–7916–1), allows flexibility 

in RCRA-related sampling and analysis, 

the MIR does not currently allow for 

flexibility for test methods that have 

MDPs. However, methods that are not 

considered MDPs (i.e., methods not 

required by RCRA regulations) allow the 

use of alterative equipment such as nonmercury thermometers as long as users 

can demonstrate that data quality 

objectives can be met without 

compromising data quality. EPA 

believes that users should identify the 

appropriate methods for a specific 

project before sampling and analysis 

begins and recommends that they 

consult with their regulating authority 

during identification of performance 

goals and the selection of appropriate 

methods before using alternative 

equipment (e.g., non-mercury 

thermometer). 

For more information on MIR and 

RCRA’s SW–846, ‘‘Test Methods for 

Evaluating Solid Waste, Physical/ 

Chemical Methods,’’ please visit the 

SW–846 Web site at http:// 

www.epa.gov/osw/hazard/testmethods/ 

sw846. 

B. What is the agency’s authority for 

taking this action? 

This action is being taken under the 

Agency’s authority pursuant to CAA (42 

U.S.C. 7401 to 7671q) and TSCA (15 

U.S.C. 2601 to 2692). 

III. Public Comments 

A. General Comments 

The comments EPA received on the 

proposed rule were overwhelmingly 

supportive of incorporating the revised 

ASTM standards D5865–10, D445–09, 

and D93–09. Five public comments 

were received. Commenters noted that 

temperature measurement in 

laboratories and in the field would not 

adversely be affected by the proposed 

amendments. One commenter also 

correctly noted that several States have 

already banned or in some way 

restricted the sale of mercury-containing 

industrial thermometers. 

Other commenters questioned EPA’s 

reasoning for the action, citing compact 

fluorescent lights as a greater source of 

mercury than thermometers. EPA 

believes that there is justification for 

allowing flexibility to use alternatives to 

mercury-containing industrial 

thermometers where comparable and 

available substitutes exist. There may be 

significant cost savings for making the 

switch to mercury-free thermometers 

considering the expense incurred to 

properly clean up a mercury spill 

following the breakage of a mercurycontaining industrial thermometer. 

Mercury in fluorescent lights, however, 

is outside the scope of this rulemaking. 

B. Responses to EPA’s Questions Posed 

in the Proposed Rule 

1. How can EPA provide additional 

flexibility in the use of mercury-free 

thermometers to comply with the 

Agency’s relevant regulations? 

Commenters suggested that EPA 

incorporate voluntary consensus 

standards (including ASTM standards) 

by reference so that future updates and 

amendments to such standards would 

not require a separate rulemaking by 

EPA for incorporation. One commenter 

also stated that by incorporating such 

ASTM standards EPA should require 

the use of the least toxic alternatives 

allowed under such standards. 

Where ASTM standards are 

mentioned in EPA regulations, they are 

incorporated by reference. But that 

incorporation does not mean that 

updates to those standards are 

automatically incorporated. To 

incorporate updates to standards in EPA 

regulations, EPA must follow the 

appropriate procedures of the 

Administrative Procedures Act to 

amend the existing regulations. EPA 

believes that notice-and-comment 

rulemaking, such as was used for this 

final rule, provides the public with the 

ability to thoroughly review updated 

voluntary consensus standards and 

provide comments before they are 

incorporated into EPA regulations. 

In the spirit of the National 

Technology Transfer and Advancement 

Act (NTTAA), EPA has often identified 

which industrial thermometers must be 

used for specific functions by 

referencing ASTM standards in its 

regulations. EPA believes the best way 

to remove unnecessary requirements to 

use mercury-containing industrial 

thermometers is for ASTM committees 

to expeditiously bring up for revision 

ASTM standards that unnecessarily 

require mercury-containing industrial 


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thermometers in situations where 

effective, comparable, and available 

mercury-free alternatives exist. EPA 

would then review such ASTM standard 

revisions and incorporate the updated 

standards that allow mercury-free 

alternatives into EPA regulations that 

reference these standards. EPA would 

do this through notice-and-comment 

rulemaking. 

2. Are requirements to use mercurycontaining thermometers necessary for 

performance reasons or should 

flexibility be provided in most, if not all, 

measurement applications? 

Commenters stated that thermometry 

requirements should be performance 

based. Commenters also noted that 

flexibility for the use of non-mercury 

alternatives should be allowed and that 

where effective non-mercury 

alternatives exist they should be 

required to be used to the maximum 

extent possible. 

Another commenter stated that many 

State agencies have actively promoted 

the elimination of usage of mercurycontaining industrial thermometers in 

State laboratories and have not since 

experienced reduced performance in 

temperature measurement. As a result, 

the commenter asserts that State 

agencies have found that it is 

technologically possible to eliminate the 

use of mercury-containing industrial 

thermometers in most, if not all, 

applications. The commenter further 

stated that those State agencies 

experiences are supported by NIST’s 

statement that there are no fundamental 

barriers to the replacement of mercurycontaining industrial thermometers and 

NIST’s discontinuation of the 

calibration of mercury-containing 

thermometers. It was the opinion of this 

commenter that the decision by NIST to 

discontinue the calibration of mercurycontaining thermometers will facilitate 

the transition to mercury-free 

alternatives in laboratories where 

annual mercury-containing industrial 

thermometer re-calibration requirements 

have proven to be an impediment to the 

complete removal of mercury 

measurement devices. The same 

commenter went on to say that the use 

of digital alternatives to mercurycontaining industrial thermometers 

provided the benefit of electronic 

recordkeeping processes that could 

prevent human error in recording 

measurements. 

EPA agrees with commenters that the 

thermometry requirements should be 

performance based. EPA also agrees that 

flexibility for mercury-containing 

industrial thermometer alternatives 

should be allowed, especially when 

effective, comparable, and available 

mercury alternatives are available. EPA 

also agrees with the commenter that 

where effective non-mercury 

alternatives exist, there may be 

justification for requiring the use of a 

mercury-free device considering the 

pollution prevention benefits. However, 

EPA has not at this time decided 

whether to pursue requirements for use 

of mercury-free devices. In the spirit of 

NTTAA, EPA encourages ASTM to take 

this into consideration when revising its 

relevant standards. EPA also agrees with 

the noted benefits of digital 

thermometers and that NIST’s recent 

decision will help expedite the 

transition of laboratories to nonmercury-containing industrial 

thermometers. 

3. Does the use of data-loggers for 

temperature measurement in autoclaves 

provide a viable alternative to the use of 

mercury-containing thermometers? 

Commenters supported the use of dataloggers for temperature measurement in 

autoclaves to provide a viable 

alternative to mercury-containing 

industrial thermometers. Commenters 

also noted that substituting the use of 

mercury-containing industrial 

thermometers in this application, 

although initially more expensive, 

avoids the potential for thermometer 

breakage inside of an autoclave, which 

could result in expensive cleanup and 

disposal costs, and overall would 

represent a significant lifecycle cost 

savings. One commenter stated that a 

vaporized mercury release from a 

resulting spill in an operating autoclave 

could be potentially dangerous to 

employees unaware of the thermometer 

breakage or mercury spill. Two 

commenters also stated that the ability 

of data-loggers to track temperature over 

time within the autoclaves provides 

assurance of adequate temperatures for 

a sufficient period of time to ensure 

proper sterilization, while avoiding 

potential degradation of microbiological 

media. EPA agrees with the commenters 

that the use of data-loggers in autoclaves 

provides further support that there are 

viable alternatives to the use of 

mercury-containing industrial 

thermometers. 

4. What else can EPA do to help 

expedite the use of alternatives to 

mercury-containing thermometers 

where feasible, comparable, and 

available? Commenters responded that 

EPA should continue to encourage 

ASTM to evaluate expeditiously its 

standards that require the use of 

mercury-containing industrial 

thermometers and that EPA staff should 

continue to engage in the ASTM 

standard updating process as committee 

members. Commenters also responded 

that EPA should provide the States and 

ASTM assistance in evaluating mercury 

alternatives as well as publicize and 

make available the outcomes of these 

performance-based studies. The 

commenters further responded that EPA 

should clarify to the public, where 

possible, applications where mercurycontaining industrial thermometers are 

no longer necessary for accurate and 

reproducible temperature measurement. 

Commenters also encouraged EPA to 

continue to work with NIST to facilitate 

a switchover to non-mercury 

alternatives. Finally, one commenter 

asked that EPA broaden its efforts across 

its programs to identify additional 

requirements, including other CAA and 

RCRA requirements, where mercurycontaining industrial thermometers are 

referenced directly and provide more 

comprehensive flexibility under these 

requirements. 

EPA agrees with the commenters on 

their request that the Agency continue 

to encourage ASTM to evaluate its 

standards that require the use of 

mercury-containing industrial 

thermometers, including informing the 

public on what thermometer 

applications no longer require mercury 

devices for accurate and reproducible 

measurement. EPA will continue to 

work with the States and ASTM to 

evaluate mercury alternatives and to 

make such evaluations available to the 

public. EPA also agrees to evaluate the 

additional requirements under CAA and 

RCRA to use mercury-containing 

industrial thermometers and provide 

flexibility where possible. 

IV. Changes Based on Incorporation by 

Reference Requirements 

A. Removal of Amendments to 40 CFR 

Parts 63 and 86 

In a separate document published in 

the Federal Register issue of March 21, 

2011 (76 FR 15554) (FRL–9273–5), EPA 

finalized an amendment to § 63.14 and 

to Table 6 in subpart DDDDD of 40 CFR 

part 63, that removed the ASTM 

standard D5865–03a and replaced it 

with the ASTM standard D5865–10a. 

Therefore, the amendments to 40 CFR 

part 63 published in the proposed rule 

for this document are no longer 

necessary. 

Additionally, at this time EPA does 

not plan to amend 40 CFR part 86 due 

to issues related to the Office of the 

Federal Register’s (OFR) requirements 

for incorporation by reference. The 

incorporation by reference requirements 

to include the addition of ASTM 

standards D93–09 and D445–09 would 

require amendments to 40 CFR part 86 

not initially targeted by this rulemaking. 


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Those amendments would significantly 

expand the scope of the rulemaking 

beyond issues related to the flexible use 

of mercury-free thermometers. EPA 

plans in the future to address the 

amendments proposed for 40 CFR part 

86 and OFR’s incorporation by reference 

requirements for 40 CFR part 86. 

B. Formatting Changes to Final Rule 

The regulatory text of this final rule 

is significantly changed in appearance 

from the proposed rule. These changes 

in the regulatory text were made in 

order to comply with the Office of the 

Federal Register’s (OFR) incorporation 

by reference requirements found in 1 

CFR part 51. Approval by the OFR 

Director was based on meeting the 

requirements for new approvals, 17 

ASTM and ISO standards and 1 OECD 

guideline, which are used to perform 

the testing required by this final rule, 

and changing the format for the existing 

centralized incorporation by reference 

sections affected by this final rule. 

These formatting changes in the 

regulatory text are non-substantive and 

do not change the meaning of the 

regulatory amendments originally 

proposed. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This is not a ‘‘significant regulatory 

action’’ under Executive Order 12866 

(58 FR 51735, October 4, 1993) and is 

therefore not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act (PRA) (44 U.S.C. 3501 et seq.). 

Burden is defined at 5 CFR 1320.3(b). 

An Agency may not conduct or sponsor, 

and a person is not required to respond 

to a collection of information that 

requires the Office of Management and 

Budget (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. 

C. Regulatory Flexibility Act 

Pursuant to section 605(b) of RFA (5 

U.S.C. 601 et seq.), I hereby certify that 

this final rule does not have a 

significant economic impact on a 

substantial number of small entities. 

Under RFA, small entity is defined as: 

1. A small business that is further 

defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201 using either the number of 

employees or annual receipts for the 

businesses affected by the regulation, 

which for this final rule includes any 

business that is primarily engaged in the 

use of mercury-containing industrial 

thermometers in laboratories, for field 

analysis (e.g., including usage at 

petroleum storage or refining facilities), 

or for other industrial applications (see 

also Unit I. and the applicable 

provisions in the regulations affected by 

this final rule). 

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. 

3. A small organization that is any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field. 

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. 

The revisions in this final rule will 

provide flexibility to affected entities by 

allowing the use of mercury-free 

thermometers, without mandating their 

use. It does not otherwise amend or 

impose any other requirements. As 

such, this final rule will not have any 

adverse economic impact on any 

entities, large or small. 

D. Unfunded Mandates Reform Act 

This final rule contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA) (2 U.S.C. 1531– 

1538) for State, local, or Tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local, or Tribal governments 

or the private sector and does not 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of 

UMRA. 

E. Executive Order 13132: 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 (64 FR 43255, 

August 10, 1999). Thus, Executive Order 

13132 does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

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, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). Accordingly, the 

requirements of Executive Order 13175 

do not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the 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. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) (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, 


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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, 

NTTAA directly applies to this final 

rule. With this final rule, EPA is adding 

to existing EPA regulations the most 

current versions of applicable ASTM 

standards that allow flexibility in the 

use of mercury-containing industrial 

thermometers and in the spirit of 

NTTAA plans to work closely with 

ASTM to address the remaining 

standards referenced within EPA 

regulations that require the use of 

mercury-containing thermometers. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. Therefore, this action 

does not involve special consideration 

of environmental justice-related issues 

as specified in Executive Order 12898 

(59 FR 7629, February 16, 1994). 

VI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Parts 49, 60, 

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

Environmental protection, 

Incorporation by reference, Mercury, 

Temperature measurement, 

Thermometers. 

Dated: January 3, 2012. 

Lisa P. Jackson, 

Administrator. 

Therefore, 40 CFR chapter I is 

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 add 

paragraph (e)(1)(xxi) 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) * * * 

(xxi) ASTM D5865–10 (Approved 

January 1, 2010), 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, add paragraph (a)(94) to 

read as follows: 

§ 60.17 Incorporations by reference. 

* * * * * 

(a) * * * 

(94) ASTM D5865–10 (Approved 

January 1, 2010), 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. The authority citation for the 

appendixes to part 60 continues to read 

as follows: 

Authority: 42 U.S.C. 7401–7601. 

■ 6. 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 75—[AMENDED] 

■ 7. The authority citation for part 75 

continues to read as follows: 

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

7651K note. 

■ 8. In § 75.6, add paragraph (a)(50) to 

read as follows: 

§ 75.6 Incorporation by reference. 

* * * * * 

(a) * * * 

(50) ASTM D5865–10 (Approved 

January 1, 2010), Standard Test Method 

for Gross Calorific Value of Coal and 

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

part. 

* * * * * 

■ 9. 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 D129–00, ASTM D240–00, ASTM 

D1552–01, ASTM D2622–98, ASTM D3176– 

89 (Reapproved 2002), ASTM D3177–02 

(Reapproved 2007), ASTM D4239–02, ASTM 

D4294–98, ASTM D5865–01a, or ASTM 

D5865–10 (all incorporated by reference 

under § 75.6). 

* * * * * 

■ 10. 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, ASTM D4809–00, ASTM D5865– 

01a, or D5865–10 (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. 

* * * * * 

■ 11. In appendix F to part 75: 

■ a. Revise section 3.3.6.2. 

■ b. Revise the expression ‘‘GCVO’’ in 

paragraph (a) of section 5.5.1. 


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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 2461 

■ c. Revise section 5.5.3.2. 

■ d. Revise the expression ‘‘GCVC’’ in 

section 5.5.3.3. 

The revisions 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, 

ASTM D240–00 or ASTM D4809–00, and 

ASTM D3588–98, ASTM D4891–89 

(Reapproved 2006), GPA Standard 2172–96, 

GPA Standard 2261–00, or ASTM D1826–94 

(Reapproved 1998), 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 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. On-line coal 

analysis may also be used if the on-line 

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 89—[AMENDED] 

■ 12. The authority citation for part 89 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 13. Revise § 89.6 to read as follows: 

§ 89.6 Reference materials. 

The materials listed in this section are 

incorporated by reference into this part 

with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) 

and 1 CFR part 51. To enforce any 

edition other than that specified in this 

section, a document must be published 

in the Federal Register and the material 

must be available to the public. All 

approved materials are available for 

inspection at the Air and Radiation 

Docket and Information Center (Air 

Docket) in the EPA Docket Center (EPA/ 

DC) at 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 Air Docket is (202) 566– 

1742. These approved materials are also 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. In addition, these 

materials are available from the sources 

listed below. 

(a) ASTM material. Copies of these 

materials may be obtained from ASTM 

International, 100 Barr Harbor Dr., P.O. 

Box C700, West Conshohocken, PA 

19428–2959, or by calling (877) 909– 

ASTM, or at http://www.astm.org. 

(1) ASTM D86–97, Standard Test 

Method for Distillation of Petroleum 

Products at Atmospheric Pressure, IBR 

approved for appendix A to subpart D. 

(2) ASTM D93–09 (Approved 

December 15, 2009), Standard Test 

Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR 

approved for appendix A to subpart D. 

(3) ASTM D129–95, Standard Test 

Method for Sulfur in Petroleum 

Products (General Bomb Method), IBR 

approved for appendix A to subpart D. 

(4) ASTM D287–92, Standard Test 

Method for API Gravity of Crude 

Petroleum and Petroleum Products 

(Hydrometer Method), IBR approved for 

appendix A to subpart D. 

(5) ASTM D445–09 (Approved July 1, 

2009), Standard Test Method for 

Kinematic Viscosity of Transparent and 

Opaque Liquids (the Calculation of 

Dynamic Viscosity), IBR approved for 

appendix A to subpart D. 

(6) ASTM D613–95, Standard Test 

Method for Cetane Number of Diesel 

Fuel Oil, IBR approved for appendix A 

to subpart D. 

(7) ASTM D1319–98, Standard Test 

Method for Hydrocarbon Types in 

Liquid Petroleum Products by 

Fluorescent Indicator Adsorption, IBR 

approved for appendix A to subpart D. 

(8) ASTM D2622–98, Standard Test 

Method for Sulfur in Petroleum 

Products by Wavelength Dispersive Xray Fluorescence Spectrometry, IBR 

approved for appendix A to subpart D. 

(9) ASTM D5186–96, Standard Test 

Method for ‘‘Determination of the 

Aromatic Content and Polynuclear 

Aromatic Content of Diesel Fuels and 

Aviation Turbine Fuels By Supercritical 

Fluid Chromatography, IBR approved 

for appendix A to subpart D. 

(10) ASTM E29–93a, Standard 

Practice for Using Significant Digits in 

Test Data to Determine Conformance 

with Specifications, IBR approved for 

§§ 89.120, 89.207, 89.509. 

(b) California Air Resources Board 

Test Procedure. The material is from 

Title 13, California Code of Regulations, 

Sections 2420–2427, as amended by 

California Air Resources Board 

Resolution 92–2 and published in 

California Air Resources Board mail out 

#93–42, September 1, 1993. Copies of 

these materials may be obtained from 

the California Air Resources Board, 

Haagen-Smit Laboratory, 9528 Telstar 

Ave., El Monte, CA 91731–2908, or by 

calling (800) 242–4450. 

(1) California Regulations for New 

1996 and Later Heavy-Duty Off-Road 

Diesel Cycle Engines, IBR approved for 

§§ 89.112, 89.119, 89.508. 

(2) [Reserved] 

(c) SAE material. Copies of these 

materials may be obtained from the 

Society of Automotive Engineers 

International, 400 Commonwealth Dr., 

Warrendale, PA 15096–0001, or by 

calling (877) 606–7323 (United States 

and Canada only) or (724) 776–4970 

(outside the United States and Canada 

only), or at http://www.sae.org. 

(1) SAE J244, June 83, Recommended 

Practice for Measurement of Intake Air 

or Exhaust Gas Flow of Diesel Engines, 

IBR approved for § 89.416. 

(2) SAE J1937, November 89, 

Recommended Practice for Engine 

Testing with Low Temperature Charge 

Air Cooler Systems in a Dynamometer 

Test Cell, IBR approved for § 89.327. 

(3) SAE Paper 770141, 1977, 

Optimization of a Flame Ionization 

Detector for Determination of 

Hydrocarbon in Diluted Automotive 

Exhausts, Glenn D. Reschke, IBR 

approved for § 89.319. 

14. In appendix A to subpart D of part 

89, Table 4 is amended by revising the 

entries ‘‘Flash Point, °C (minimum)’’ 

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

read as follows: 

Appendix A to Subpart D of Part 89— 

Tables 

* * * * * 


pmangrum on DSK3VPTVN1PROD with RULES
2462 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

TABLE 4—FEDERAL TEST FUEL SPECIFICATIONS

Item Procedure (ASTM) 1 Value (type 2–D) 

*******

Flash Point, °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. 

* * * * * 

PART 92—[AMENDED] 

■ 15. The authority citation for part 92 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 16. Revise § 92.5 to read as follows: 

§ 92.5 Reference materials. 

The materials listed in this section are 

incorporated by reference into this part 

with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) 

and 1 CFR part 51. To enforce any 

edition other than that specified in this 

section, a document must be published 

in the Federal Register and the material 

must be available to the public. All 

approved materials are available for 

inspection at the Air and Radiation 

Docket and Information Center (Air 

Docket) in the EPA Docket Center (EPA/ 

DC) at 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 Air Docket is (202) 566– 

1742. These approved materials are also 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. In addition, these 

materials are available from the sources 

listed below. 

(a) ANSI material. Copies of these 

materials may be obtained from the 

American National Standards Institute, 

25 West 43rd St., 4th Floor, New York, 

NY 10036, or by calling (212) 642–4900, 

or at http://www.ansi.org. 

(1) ANSI B109.1–1992, Diaphragm 

Type Gas Displacment Meters, IBR 

approved for § 92.117. 

(2) [Reserved] 

(b) ASTM material. Copies of these 

materials may be obtained from ASTM 

International, 100 Barr Harbor Dr., P.O. 

Box C700, West Conshohocken, PA 

19428–2959, or by calling (877) 909– 

ASTM, or at http://www.astm.org. 

(1) ASTM D86–95, Standard Test 

Method for Distillation of Petroleum 

Products, IBR approved for § 92.113. 

(2) ASTM D93–09 (Approved 

December 15, 2009), Standard Test 

Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR 

approved for § 92.113. 

(3) ASTM D287–92, Standard Test 

Method for API Gravity of Crude 

Petroleum and Petroleum Products 

(Hydrometer Method), IBR approved for 

§ 92.113. 

(4) ASTM D445–09 (Approved July 1, 

2009), Standard Test Method for 

Kinematic Viscosity of Transparent and 

Opaque Liquids (and Calculation of 

Dynamic Viscosity), IBR approved for 

§ 92.113. 

(5) ASTM D613–95, Standard Test 

Method for Cetane Number of Diesel 

Fuel Oil, IBR approved for § 92.113. 

(6) ASTM D976–91, Standard Test 

Method for Calculated Cetane Index of 

Distillate Fuels, IBR approved for 

§ 92.113. 

(7) ASTM D1319–95, Standard Test 

Method for Hydrocarbon Types in 

Liquid Petroleum Products by 

Fluorescent Indicator Adsorption, IBR 

approved for § 92.113. 

(8) ASTM D1945–91, Standard Test 

Method for Analysis of Natural Gas by 

Gas Chromatography, IBR approved for 

§ 92.113. 

(9) ASTM D2622–94, Standard Test 

Method for Sulfur in Petroleum 

Products by X-Ray Spectrometry, IBR 

approved for § 92.113. 

(10) ASTM D5186–91, Standard Test 

Method for Determination of Aromatic 

Content of Diesel Fuels by Supercritical 

Fluid Chromatography, IBR approved 

for § 92.113. 

(11) ASTM E29–93a, Standard 

Practice for Using Significant Digits in 

Test Data to Determine Conformance 

with Specifications, IBR approved for 

§§ 92.9, 92.305, 92.509. 

(c) SAE material. Copies of these 

materials may be obtained from the 

Society of Automotive Engineers 

International, 400 Commonwealth Dr., 

Warrendale, PA 15096–0001, or by 

calling (877) 606–7323 (United States 

and Canada only) or (724) 776–4970 

(outside the United States and Canada 

only), or at http://www.sae.org. 

(1) SAE Paper 770141, 1977, 

Optimization of a Flame Ionization 

Detector for Determination of 

Hydrocarbon in Diluted Automotive 

Exhausts, Glenn D. Reschke, IBR 

approved for § 92.119. 

(2) SAE Recommended Practice J244, 

June 83, Measurement of Intake Air or 

Exhaust Gas Flow of Diesel Engines, IBR 

approved for § 92.108. 

■ 17. In § 92.113, revise the entries 

‘‘Flash Point, 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 

******

Flash Point, min., 

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

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

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


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 2463 

* * * * * 

PART 94—[AMENDED] 

■ 18. The authority citation for part 94 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 19. Revise § 94.5 to read as follows: 

§ 94.5 Reference materials. 

The materials listed in this section are 

incorporated by reference into this part 

with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) 

and 1 CFR part 51. To enforce any 

edition other than that specified in this 

section, a document must be published 

in the Federal Register and the material 

must be available to the public. All 

approved materials are available for 

inspection at the Air and Radiation 

Docket and Information Center (Air 

Docket) in the EPA Docket Center (EPA/ 

DC) at 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 Air Docket is (202) 566– 

1742. These approved materials are also 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

In addition, these materials are 

available from the sources listed below. 

(a) ASTM material. Copies of these 

materials may be obtained from ASTM 

International, 100 Barr Harbor Dr., P.O. 

Box C700, West Conshohocken, PA 

19428–2959, or by calling (877) 909– 

ASTM, or at http://www.astm.org. 

(1) ASTM D86–01, Standard Test 

Method for Distillation of Petroleum 

Products at Atmospheric Pressure, IBR 

approved for § 94.108. 

(2) ASTM D93–09 (Approved 

December 15, 2009), Standard Test 

Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR 

approved for § 94.108. 

(3) ASTM D129–00, Standard Test 

Method for Sulfur in Petroleum 

Products (General Bomb Method), IBR 

approved for § 94.108. 

(4) ASTM D287–92 (Reapproved 

2000), Standard Test Method for API 

Gravity of Crude Petroleum and 

Petroleum Products (Hydrometer 

Method), IBR approved for § 94.108. 

(5) ASTM D445–09 (Approved July 1, 

2009), Standard Test Method for 

Kinematic Viscosity of Transparent and 

Opaque Liquids (and Calculation of 

Dynamic Viscosity), IBR approved for 

§ 94.108. 

(6) ASTM D613–01, Standard Test 

Method for Cetane Number of Diesel 

Fuel Oil, IBR approved for § 94.108. 

(7) ASTM D1319–02a, Standard Test 

Method for Hydrocarbon Types in 

Liquid Petroleum Products by 

Fluorescent Indicator Adsorption, IBR 

approved for § 94.108. 

(8) ASTM D2622–98, Standard Test 

Method for Sulfur in Petroleum 

Products by Wavelength Dispersive Xray Fluorescence Spectrometry, IBR 

approved for § 94.108. 

(9) ASTM D5186–99, Standard Test 

Method for Determination of the 

Aromatic Content and Polynuclear 

Aromatic Content of Diesel Fuels and 

Aviation Turbine Fuels by Supercritical 

Fluid Chromatography, IBR approved 

for § 94.108. 

(10) ASTM E 29–02, Standard Practice 

for Using Significant Digits in Test Data 

to Determine Conformance with 

Specifications, IBR approved for § 94.2. 

(b) IMO material. Copies of these 

materials may be obtained from the 

International Maritime Organization, 4 

Albert Embankment, London SE1 7SR, 

United Kingdom, or by calling +44– 

(0)020–7735–7611, or at http:// 

www.imo.org. 

(1) Resolution 2—Technical Code on 

Control of Emission of Nitrogen Oxides 

from Marine Diesel Engines, 1997, IBR 

approved for §§ 94.2, 94.11, 94.108, 

94.109, 94.204, 94.211, 94.1004. 

(2) [Reserved] 

(c) ISO material. Copies of these 

materials may be obtained from the 

International Organization for 

Standardization, 1, ch. de la VoieCreuse, CP 56, CH–1211 Geneva 20, 

Switzerland, or by calling +41–22–749– 

01–11, or at http://www.iso.org. 

(1) ISO 8178–1, Reciprocating internal 

combustion engines—Exhaust emission 

measurement—Part 1: Test-bed 

measurement of gaseous and particulate 

exhaust emissions, 1996, IBR approved 

for § 94.109. 

(2) [Reserved] 

■ 20. In § 94.108, revise ‘‘Flash Point, 

°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) * * * 

TABLE B–5—FEDERAL TEST FUEL SPECIFICATIONS

Item Procedure 1 Value 

*******

Flash Point, °C ......................................................................................................................................... ASTM D93–09 ................ 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] 

■ 21. The authority citation for part 761 

continues to read as follows: 

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

2614, and 2616. 

■ 22. Revise § 761.19 to read as follows: 

§ 761.19 References. 

The materials listed in this section are 

incorporated by reference into this part 

with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) 

and 1 CFR part 51. To enforce any 

edition other than that specified in this 

section, a document must be published 

in the Federal Register and the material 

must be available to the public. All 

approved materials are available for 

inspection at the OPPT Docket in the 

EPA Docket Center (EPA/DC) at 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) 


pmangrum on DSK3VPTVN1PROD with RULES
2464 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

566–0280. These approved materials are 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030 

or go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. In addition, these 

materials are available from the sources 

listed below. 

(a) ASTM materials. Copies of these 

materials may be obtained from ASTM 

International, 100 Barr Harbor Dr., P.O. 

Box C700, West Conshohocken, PA 

19428–2959, or by calling (877) 909– 

ASTM, or at http://www.astm.org. 

(1) ASTM D93–09 (Approved 

December 15, 2009), Standard Test 

Methods for Flash Point by PenskyMartens Closed Tester, IBR approved for 

§§ 761.71, 761.75. 

(2) ASTM D129–64 (Reapproved 

1978), Standard Test Method for Sulfur 

in Petroleum Products (General Bomb 

Method), IBR approved for § 761.71. 

(3) ASTM D240–87, Standard Test 

Method for Heat of Combustion of 

Liquid Hydrocarbon Fuel by Bomb 

Calorimeter, IBR approved for § 761.71. 

(4) ASTM D482–87, Standard Test 

Method for Ash from Petroleum 

Products, IBR approved for § 761.71. 

(5) ASTM D524–88, Standard Test 

Method for Ramsbottom Carbon Residue 

of Petroleum Products, IBR approved for 

§ 761.71. 

(6) ASTM D808–87, Standard Test 

Method for Chlorine in New and Used 

Petroleum Products (Bomb Method), 

IBR approved for § 761.71. 

(7) ASTM D923–86, Standard Test 

Method for Sampling Electrical 

Insulating Liquids, IBR approved for 

§ 761.60. 

(8) ASTM D923–89, Standard 

Methods of Sampling Electrical 

Insulating Liquids, IBR approved for 

§ 761.60. 

(9) ASTM D1266–87, Standard Test 

Method for Sulfur in Petroleum 

Products (Lamp Method), IBR approved 

for § 761.71. 

(10) ASTM D1796–83 (Reapproved 

1990), Standard Test Method for Water 

and Sediment in Fuel Oils by the 

Centrifuge Method (Laboratory 

Procedure), IBR approved for § 761.71. 

(11) ASTM D2158–89, Standard Test 

Method for Residues in Liquified 

Petroleum (LP) Gases, IBR approved for 

§ 761.71. 

(12) ASTM D2709–88, Standard Test 

Method for Water and Sediment in 

Distillate Fuels by Centrifuge, IBR 

approved for § 761.71. 

(13) ASTM D2784–89, Standard Test 

Method for Sulfur in Liquified 

Petroleum Gases (Oxy-hydrogen Burner 

or Lamp), IBR approved for § 761.71. 

(14) ASTM D3178–84, Standard Test 

Methods for Carbon and Hydrogen in 

the Analysis Sample of Coke and Coal, 

IBR approved for § 761.71. 

(15) ASTM D3278–89, Standard Test 

Methods for Flash Point of Liquids by 

Setaflash Closed-Cup Apparatus, IBR 

approved for § 761.75. 

(16) ASTM E258–67 (Reapproved 

1987), Standard Test Method for Total 

Nitrogen Inorganic Material by Modified 

KJELDAHL Method, IBR approved for 

§ 761.71. 

(b) [Reserved] 

■ 23. 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 ASTM International methods 

as follows: Carbon and hydrogen 

content using ASTM D3178–84, 

nitrogen content using ASTM E258–67 

(Reapproved 1987), sulfur content using 

ASTM D2784–89, ASTM D1266–87, or 

ASTM D129–64 (Reapproved 1978), 

chlorine content using ASTM D808–87, 

water and sediment content using either 

ASTM D2709–88 or ASTM D1796–83 

(Reapproved 1990), ash content using 

ASTM D482–87, calorific value using 

ASTM D240–87, carbon residue using 

either ASTM D2158–89 or ASTM D524– 

88, and flash point using ASTM D93–09 

(all standards incorporated by reference 

in § 761.19). 

* * * * * 

■ 24. 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 

D93–09, or the Setaflash Closed Tester 

using the protocol specified in ASTM 

D3278–89 (all standards incorporated by 

reference in § 761.19). 

* * * * * 

PART 1065—[AMENDED] 

■ 25. The authority citation for part 

1065 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 26. 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

*******

Flash Point, 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. 

■ 27. Revise § 1065.1010 to read as 

follows: 

§ 1065.1010 Reference materials. 

The materials listed in this section are 

incorporated by reference into this part 

with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) 

and 1 CFR part 51. To enforce any 

edition other than that specified in this 

section, a document must be published 

in the Federal Register and the material 

must be available to the public. All 

approved materials are available for 

inspection at the Air and Radiation 

Docket and Information Center (Air 

Docket) in the EPA Docket Center (EPA/ 

DC) at Rm. 3334, EPA West Bldg., 1301 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 2465 

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 Air Docket is (202) 566– 

1742. These approved materials are also 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. In addition, these 

materials are available from the sources 

listed below. 

(a) ASTM materials. Copies of these 

materials may be obtained from ASTM 

International, 100 Barr Harbor Dr., P.O. 

Box C700, West Conshohocken, PA 

19428–2959, or by calling (877) 909– 

ASTM, or at http://www.astm.org. 

(1) ASTM D86–07a, Standard Test 

Method for Distillation of Petroleum 

Products at Atmospheric Pressure, IBR 

approved for §§ 1065.703, 1065.710. 

(2) ASTM D93–09 (Approved 

December 15, 2009), Standard Test 

Methods for Flash Point by PenskyMartens Closed Cup Tester, IBR 

approved for § 1065.703. 

(3) ASTM D445–09 (Approved July 1, 

2009), Standard Test Method for 

Kinematic Viscosity of Transparent and 

Opaque Liquids (and Calculation of 

Dynamic Viscosity), IBR approved for 

§ 1065.703. 

(4) ASTM D613–05, Standard Test 

Method for Cetane Number of Diesel 

Fuel Oil, IBR approved for § 1065.703. 

(5) ASTM D910–07, Standard 

Specification for Aviation Gasolines, 

IBR approved for § 1065.701. 

(6) ASTM D975–07b, Standard 

Specification for Diesel Fuel Oils, IBR 

approved for § 1065.701. 

(7) ASTM D1267–02 (Reapproved 

2007), Standard Test Method for Gage 

Vapor Pressure of Liquefied Petroleum 

(LP) Gases (LP-Gas Method), IBR 

approved for § 1065.720. 

(8) ASTM D1319–03, Standard Test 

Method for Hydrocarbon Types in 

Liquid Petroleum Products by 

Fluorescent Indicator Adsorption, IBR 

approved for § 1065.710. 

(9) ASTM D1655–07e01, Standard 

Specification for Aviation Turbine 

Fuels, IBR approved for § 1065.701. 

(10) ASTM D1837–02a (Reapproved 

2007), Standard Test Method for 

Volatility of Liquefied Petroleum (LP) 

Gases, IBR approved for § 1065.720. 

(11) ASTM D1838–07, Standard Test 

Method for Copper Strip Corrosion by 

Liquefied Petroleum (LP) Gases, IBR 

approved for § 1065.720. 

(12) ASTM D1945–03, Standard Test 

Method for Analysis of Natural Gas by 

Gas Chromatography, IBR approved for 

§ 1065.715. 

(13) ASTM D2158–05, Standard Test 

Method for Residues in Liquefied 

Petroleum (LP) Gases, IBR approved for 

§ 1065.720. 

(14) ASTM D2163–05, Standard Test 

Method for Analysis of Liquefied 

Petroleum (LP) Gases and Propene 

Concentrates by Gas Chromatography, 

IBR approved for § 1065.720. 

(15) ASTM D2598–02 (Reapproved 

2007), Standard Practice for Calculation 

of Certain Physical Properties of 

Liquefied Petroleum (LP) Gases from 

Compositional Analysis, IBR approved 

for § 1065.720. 

(16) ASTM D2622–07, Standard Test 

Method for Sulfur in Petroleum 

Products by Wavelength Dispersive Xray Fluorescence Spectrometry, IBR 

approved for §§ 1065.703, 1065.710. 

(17) ASTM D2713–91 (Reapproved 

2001), Standard Test Method for 

Dryness of Propane (Valve Freeze 

Method), IBR approved for § 1065.720. 

(18) ASTM D2784–06, Standard Test 

Method for Sulfur in Liquefied 

Petroleum Gases (Oxy-Hydrogen Burner 

or Lamp), IBR approved for § 1065.720. 

(19) ASTM D2880–03, Standard 

Specification for Gas Turbine Fuel Oils, 

IBR approved for § 1065.701. 

(20) ASTM D2986–95a (Reapproved 

1999), Standard Practice for Evaluation 

of Air Assay Media by the 

Monodisperse DOP (Dioctyl Phthalate) 

Smoke Test, IBR approved for 

§ 1065.170. 

(21) ASTM D3231–07, Standard Test 

Method for Phosphorus in Gasoline, IBR 

approved for § 1065.710. 

(22) ASTM D3237–06e01, Standard 

Test Method for Lead in Gasoline By 

Atomic Absorption Spectroscopy, IBR 

approved for § 1065.710. 

(23) ASTM D4052–96e01 (Reapproved 

2002), Standard Test Method for Density 

and Relative Density of Liquids by 

Digital Density Meter, IBR approved for 

§ 1065.703. 

(24) ASTM D4814–07a, Standard 

Specification for Automotive SparkIgnition Engine Fuel, IBR approved for 

§ 1065.701. 

(25) ASTM D5186–03, Standard Test 

Method for Determination of the 

Aromatic Content and Polynuclear 

Aromatic Content of Diesel Fuels and 

Aviation Turbine Fuels By Supercritical 

Fluid Chromatography, IBR approved 

for § 1065.703. 

(26) ASTM D5191–07, Standard Test 

Method for Vapor Pressure of Petroleum 

Products (Mini Method), IBR approved 

for § 1065.710. 

(27) ASTM D5797–07, Standard 

Specification for Fuel Methanol (M70– 

M85) for Automotive Spark-Ignition 

Engines, IBR approved for § 1065.701. 

(28) ASTM D5798–07, Standard 

Specification for Fuel Ethanol (Ed75– 

Ed85) for Automotive Spark-Ignition 

Engines, IBR approved for § 1065.701. 

(29) ASTM D6615–06, Standard 

Specification for Jet B Wide-Cut 

Aviation Turbine Fuel, IBR approved for 

§ 1065.701. 

(30) ASTM D6751–07b, Standard 

Specification for Biodiesel Fuel Blend 

Stock (B100) for Middle Distillate Fuels, 

IBR approved for § 1065.701. 

(31) ASTM D6985–04a, Standard 

Specification for Middle Distillate Fuel 

Oil—Military Marine Applications, IBR 

approved for § 1065.701. 

(32) ASTM F1471–93 (Reapproved 

2001), Standard Test Method for Air 

Cleaning Performance of a HighEfficiency Particulate Air Filter System, 

IBR approved for § 1065.1001. 

(b) California Air Resources Board 

material. Copies of these materials may 

be obtained from the California Air 

Resources Board, Haagen-Smit 

Laboratory, 9528 Telstar Ave., El Monte, 

CA 91731–2908, or by calling (800) 242– 

4450. 

(1) California Non-Methane Organic 

Gas Test Procedures, Amended July 30, 

2002, Mobile Source Division, 

California Air Resources Board, IBR 

approved for § 1065.805. 

(2) [Reserved] 

(c) Institute of Petroleum material. 

Copies of these materials may be 

obtained from the Energy Institute, 61 

New Cavendish St., London, W1G 7AR, 

UK, or by calling +44–(0)20–7467–7100, 

or at http://www.energyinst.org. 

(1) IP–470, 2005, Determination of 

aluminum, silicon, vanadium, nickel, 

iron, calcium, zinc, and sodium in 

residual fuels by atomic absorption 

spectrometry, IBR approved for 

§ 1065.705. 

(2) IP–500, 2003, Determination of the 

phosphorus content of residual fuels by 

ultra-violet spectrometry, IBR approved 

for § 1065.705. 

(3) IP–501, 2005, Determination of 

aluminum, silicon, vanadium, nickel, 

iron, sodium, calcium, zinc and 

phosphorus in residual fuel oil by 

ashing, fusion and inductively coupled 

plasma emission spectrometry, IBR 

approved for § 1065.705. 

(d) ISO material. Copies of these 

materials may be obtained from the 

International Organization for 

Standardization, 1, ch. de la VoieCreuse, CP 56, CH–1211 Geneva 20, 


pmangrum on DSK3VPTVN1PROD with RULES
2466 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

Switzerland, or by calling +41–22–749– 

01–11, or at http://www.iso.org. 

(1) ISO 2719:2002, Determination of 

flash point—Pensky-Martens closed cup 

method, IBR approved for § 1065.705. 

(2) ISO 3016:1994, Petroleum 

products—Determination of pour point, 

IBR approved for § 1065.705. 

(3) ISO 3104:1994/Cor 1:1997, 

Petroleum products—Transparent and 

opaque liquids—Determination of 

kinematic viscosity and calculation of 

dynamic viscosity, IBR approved for 

§ 1065.705. 

(4) ISO 3675:1998, Crude petroleum 

and liquid petroleum products— 

Laboratory determination of density— 

Hydrometer method, IBR approved for 

§ 1065.705. 

(5) ISO 3733:1999, Petroleum 

products and bituminous materials— 

Determination of water—Distillation 

method, IBR approved for § 1065.705. 

(6) ISO 6245:2001, Petroleum 

products—Determination of ash, IBR 

approved for § 1065.705. 

(7) ISO 8217:2005, Petroleum 

products—Fuels (class F)— 

Specifications of marine fuels, IBR 

approved for § 1065.705. 

(8) ISO 8754:2003, Petroleum 

products—Determination of sulfur 

content—Energy-dispersive X-ray 

fluorescence spectrometry, IBR 

approved for § 1065.705. 

(9) ISO 10307–2:1993, Petroleum 

products—Total sediment in residual 

fuel oils—Part 2: Determination using 

standard procedures for ageing, IBR 

approved for § 1065.705. 

(10) ISO 10370:1993/Cor 1:1996, 

Petroleum products—Determination of 

carbon residue—Micro method, IBR 

approved for § 1065.705. 

(11) ISO 10478:1994, Petroleum 

products—Determination of aluminium 

and silicon in fuel oils—Inductively 

coupled plasma emission and atomic 

absorption spectroscopy methods, IBR 

approved for § 1065.705. 

(12) ISO 12185:1996/Cor 1:2001, 

Crude petroleum and petroleum 

products—Determination of density— 

Oscillating U-tube method, IBR 

approved for § 1065.705. 

(13) ISO 14596:2007, Petroleum 

products—Determination of sulfur 

content—Wavelength-dispersive X-ray 

fluorescence spectrometry, IBR 

approved for § 1065.705. 

(14) ISO 14597:1997, Petroleum 

products—Determination of vanadium 

and nickel content—Wavelengthdispersive X-ray fluorescence 

spectrometry, IBR approved for 

§ 1065.705. 

(15) ISO 14644–1:1999, Cleanrooms 

and associated controlled environments, 

IBR approved for § 1065.190. 

(e) NIST material. Copies of these 

materials may be obtained from the 

National Institute of Standards and 

Technology (NIST) by calling (800) 553– 

6847 or from the U.S. Government 

Printing Office (GPO). To purchase a 

NIST publication you must have the 

order number. Order numbers are 

available from the Public Inquiries Unit 

at (301) 975–NIST. Mailing address: 

Public Inquiries Unit, NIST, 100 Bureau 

Dr., Stop 1070, Gaithersburg, MD 

20899–1070. If you have a GPO stock 

number, you can purchase printed 

copies of NIST publications from GPO. 

GPO orders may be: Mailed to the U.S. 

Government Printing Office, P.O. Box 

979050, St. Louis, MO 63197–9000, 

placed by telephone at (866) 512–1800 

(DC Area only: (202) 512–1800), or 

faxed to (202) 512–2104. More 

information can also be found at 

http://www.nist.gov. 

(1) NIST Special Publication 811, 

1995 Edition, Guide for the Use of the 

International System of Units (SI), Barry 

N. Taylor, Physics Laboratory, IBR 

approved for §§ 1065.20, 1065.1001, 

1065.1005. 

(2) NIST Technical Note 1297, 1994 

Edition, Guidelines for Evaluating and 

Expressing the Uncertainty of NIST 

Measurement Results, Barry N. Taylor 

and Chris E. Kuyatt, IBR approved for 

§ 1065.1001. 

(f) SAE material. Copies of these 

materials may be obtained from the 

Society of Automotive Engineers 

International, 400 Commonwealth Dr., 

Warrendale, PA 15096–0001, or by 

calling (724) 776–4841, or at http:// 

www.sae.org. 

(1) SAE 770141, 2001, Optimization 

of Flame Ionization Detector for 

Determination of Hydrocarbon in 

Diluted Automotive Exhausts, Glenn D. 

Reschke, IBR approved for § 1065.360. 

(2) [Reserved] 

[FR Doc. 2012–712 Filed 1–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0588; FRL–9614–8] 

Approval, Disapproval and 

Promulgation of Air Quality 

Implementation Plans; Colorado: 

Smoke, Opacity and Sulfur Dioxide 

Rule Revisions; Regulation 1 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving State 

Implementation Plan (SIP) revisions to 

Colorado’s Regulation 1. The partial 

approval of the State’s revisions allows 

for the use of obscurants during military 

exercises at the Fort Carson Military 

Base and Pino ́n Canyon Maneuver Site 

in Colorado when precautionary steps 

are taken during the exercise to 

maintain air quality. EPA approves the 

State’s revised determination of 

averaged over time emission rates and 

the expansion of recordkeeping 

requirements. EPA, however, is 

disapproving the revised provision 

governing fuel burning equipment. 

These revisions were adopted by the 

State of Colorado on July 21, 2005 and 

submitted to EPA on August 8, 2006. 

The proposed partial approval and 

partial disapproval appeared in the 

Federal Register on August 10, 2011 (76 

FR 49391). EPA has determined that the 

approved revisions in Colorado’s 

submittal are consistent with the Clean 

Air Act (CAA). This action is being 

taken under section 110 of the Clean Air 

Act. 

DATES: Effective date: This final rule is 

effective February 17, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0588. 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., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6022, 

komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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