[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2456-2466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-712]



[[Page 2456]]

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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 Mercury-Containing Industrial 
Thermometers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 mercury-containing products, 
including mercury-containing 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: <a href="/cdn-cgi/l/email-protection#8be8e4fef9ffe5eaeceea5f9e4e9eef9ffcbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="b1d2dec4c3c5dfd0d6d49fc3ded3d4c3c5f1d4c1d09fd6dec7">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#491d1a0a086401263d2520272c092c3928672e263f"><span class="__cf_email__" data-cfemail="ecb8bfafadc1a4839880858289ac899c8dc28b839a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you use mercury-
containing 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:
    <bullet> Testing Laboratories (NAICS code 541380).
    <bullet> Petroleum Refineries (NAICS code 324110).
    <bullet> 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

[[Page 2457]]

into methylmercury. Mercury exposure can also occur by inhalation of 
elemental mercury from breakage or improper disposal of mercury-
containing products such as mercury-containing 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 
mercury-containing 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 non-mercury 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 mercury-containing 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

[[Page 2458]]

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 mercury-containing 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 mercury-containing 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 mercury-containing 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 mercury-containing 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 mercury-
containing 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 
non-mercury-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 data-loggers 
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 mercury-containing 
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 mercury-containing 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 Sec.  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,

[[Page 2460]]

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]

0
1. The authority citation for part 49 continues to read as follows:

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


0
2. In Sec.  49.123, revise the definition of ``Heat input'' in 
paragraph (a) and add paragraph (e)(1)(xxi) to read as follows:


Sec.  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 Sec.  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 
Sec.  49.123(a).

PART 60--[AMENDED]

0
3. The authority citation for part 60 continues to read as follows:

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

0
4. In Sec.  60.17, add paragraph (a)(94) to read as follows:


Sec.  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 Sec.  
60.45(f)(5)(ii), Sec.  60.46(c)(2), and appendix A-7 to part 60, Method 
19, section 12.5.2.1.3.
* * * * *
0
5. The authority citation for the appendixes to part 60 continues to 
read as follows:

    Authority: 42 U.S.C. 7401-7601.


0
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 
Sec.  60.17 for acceptable versions of the standards) on a dry basis 
for each gross sample.
* * * * *

PART 75--[AMENDED]

0
7. The authority citation for part 75 continues to read as follows:

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


0
8. In Sec.  75.6, add paragraph (a)(50) to read as follows:


Sec.  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.
* * * * *

0
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 Sec.  75.6).
* * * * *
0
10. In appendix D to part 75, revise section 2.2.7 to read as follows:

Appendix D to Part 75--Optional SO<INF>2</INF> 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 Sec.  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.
* * * * *

0
11. In appendix F to part 75:
0
a. Revise section 3.3.6.2.
0
b. Revise the expression ``GCV<INF>O</INF>'' in paragraph (a) of 
section 5.5.1.

[[Page 2461]]

0
c. Revise section 5.5.3.2.
0
d. Revise the expression ``GCV<INF>C</INF>'' 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 Sec.  75.6.)
* * * * *
    5.5.1 (a) * * *
    GCV<INF>O</INF> = 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 Sec.  75.6).
* * * * *
    5.5.3.2 All ASTM methods are incorporated by reference under 
Sec.  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 Sec. Sec.  75.23 
and 75.66.
    5.5.3.3 * * *
    GCV<INF>C</INF> = 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 Sec.  75.6).
* * * * *

PART 89--[AMENDED]

0
12. The authority citation for part 89 continues to read as follows:


    Authority:  42 U.S.C. 7401-7671q.


0
13. Revise Sec.  89.6 to read as follows:


Sec.  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 Pensky-Martens 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 X-ray 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 Sec. Sec.  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 <greek-i>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 Sec. Sec.  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 
Sec.  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 Sec.  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 Sec.  89.319.
    14. In appendix A to subpart D of part 89, Table 4 is amended by 
revising the entries ``Flash Point, [deg]C (minimum)'' and ``Viscosity 
@ 38 [deg]C, Centistokes'' to read as follows:

Appendix A to Subpart D of Part 89--Tables

* * * * *

[[Page 2462]]



                Table 4--Federal Test Fuel Specifications
------------------------------------------------------------------------
                               Procedure (ASTM)
             Item                     \1\            Value (type 2-D)
------------------------------------------------------------------------
 
                              * * * * * * *
Flash Point, [deg]C (minimum)  D93-09..........                       54
Viscosity @ 38 [deg]C,         D445-09.........                  2.0-3.2
 centistokes.
------------------------------------------------------------------------
\1\ All ASTM procedures in this table have been incorporated by
  reference. See Sec.   89.6.

* * * * *

PART 92--[AMENDED]

0
15. The authority citation for part 92 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
16. Revise Sec.  92.5 to read as follows:


Sec.  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 Sec.  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 Sec.  92.113.
    (2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods 
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for 
Sec.  92.113.
    (3) ASTM D287-92, Standard Test Method for API Gravity of Crude 
Petroleum and Petroleum Products (Hydrometer Method), IBR approved for 
Sec.  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 Sec.  92.113.
    (5) ASTM D613-95, Standard Test Method for Cetane Number of Diesel 
Fuel Oil, IBR approved for Sec.  92.113.
    (6) ASTM D976-91, Standard Test Method for Calculated Cetane Index 
of Distillate Fuels, IBR approved for Sec.  92.113.
    (7) ASTM D1319-95, Standard Test Method for Hydrocarbon Types in 
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR 
approved for Sec.  92.113.
    (8) ASTM D1945-91, Standard Test Method for Analysis of Natural Gas 
by Gas Chromatography, IBR approved for Sec.  92.113.
    (9) ASTM D2622-94, Standard Test Method for Sulfur in Petroleum 
Products by X-Ray Spectrometry, IBR approved for Sec.  92.113.
    (10) ASTM D5186-91, Standard Test Method for Determination of 
Aromatic Content of Diesel Fuels by Supercritical Fluid Chromatography, 
IBR approved for Sec.  92.113.
    (11) ASTM E29-93a, Standard Practice for Using Significant Digits 
in Test Data to Determine Conformance with Specifications, IBR approved 
for Sec. Sec.  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 Sec.  92.119.
    (2) SAE Recommended Practice J244, June 83, Measurement of Intake 
Air or Exhaust Gas Flow of Diesel Engines, IBR approved for Sec.  
92.108.
0
17. In Sec.  92.113, revise the entries ``Flash Point, min., [deg]F and 
[deg]C'' and ``Viscosity, centistokes'' in Table B113-1 in paragraph 
(a)(1) to read as follows:


Sec.  92.113  Fuel specifications.

    (a) * * *
    (1) * * *

                              Table B113-1
------------------------------------------------------------------------
               Item                         ASTM             Type 2-D
------------------------------------------------------------------------
 
                               * * * * * *
Flash Point, min.,
    [deg]F........................  D93-09..............             130
    [deg]C........................  ....................          (54.4)
Viscosity, centistokes............  D445-09.............         2.0-3.2
------------------------------------------------------------------------


[[Page 2463]]

* * * * *

PART 94--[AMENDED]

0
18. The authority citation for part 94 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
19. Revise Sec.  94.5 to read as follows:


Sec.  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 Sec.  94.108.
    (2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods 
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for 
Sec.  94.108.
    (3) ASTM D129-00, Standard Test Method for Sulfur in Petroleum 
Products (General Bomb Method), IBR approved for Sec.  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 Sec.  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 Sec.  94.108.
    (6) ASTM D613-01, Standard Test Method for Cetane Number of Diesel 
Fuel Oil, IBR approved for Sec.  94.108.
    (7) ASTM D1319-02a, Standard Test Method for Hydrocarbon Types in 
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR 
approved for Sec.  94.108.
    (8) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR 
approved for Sec.  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 Sec.  94.108.
    (10) ASTM E 29-02, Standard Practice for Using Significant Digits 
in Test Data to Determine Conformance with Specifications, IBR approved 
for Sec.  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 Sec. Sec.  
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 Voie-
Creuse, 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 Sec.  94.109.
    (2) [Reserved]

0
20. In Sec.  94.108, revise ``Flash Point, [deg]C'' and ``Viscosity at 
38 [deg]C, centistokes'' in Table B-5 in paragraph (a)(1) to read as 
follows:


Sec.  94.108  Test fuels.

    (a) * * *
    (1) * * *

               Table B-5--Federal Test Fuel Specifications
------------------------------------------------------------------------
               Item                  Procedure \1\           Value
------------------------------------------------------------------------
 
                              * * * * * * *
Flash Point, [deg]C..............  ASTM D93-09......  54 minimum.
 
                              * * * * * * *
Viscosity at 38 [deg]C,            ASTM D445-09.....  2.0-3.2.
 centistokes.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.   94.5.

* * * * *

PART 761--[AMENDED]

0
21. The authority citation for part 761 continues to read as follows:

    Authority:  15 U.S.C. 2605, 2607, 2611, 2614, and 2616.


0
22. Revise Sec.  761.19 to read as follows:


Sec.  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)

[[Page 2464]]

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 Pensky-Martens Closed Tester, IBR approved for 
Sec. Sec.  761.71, 761.75.
    (2) ASTM D129-64 (Reapproved 1978), Standard Test Method for Sulfur 
in Petroleum Products (General Bomb Method), IBR approved for Sec.  
761.71.
    (3) ASTM D240-87, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuel by Bomb Calorimeter, IBR approved for Sec.  
761.71.
    (4) ASTM D482-87, Standard Test Method for Ash from Petroleum 
Products, IBR approved for Sec.  761.71.
    (5) ASTM D524-88, Standard Test Method for Ramsbottom Carbon 
Residue of Petroleum Products, IBR approved for Sec.  761.71.
    (6) ASTM D808-87, Standard Test Method for Chlorine in New and Used 
Petroleum Products (Bomb Method), IBR approved for Sec.  761.71.
    (7) ASTM D923-86, Standard Test Method for Sampling Electrical 
Insulating Liquids, IBR approved for Sec.  761.60.
    (8) ASTM D923-89, Standard Methods of Sampling Electrical 
Insulating Liquids, IBR approved for Sec.  761.60.
    (9) ASTM D1266-87, Standard Test Method for Sulfur in Petroleum 
Products (Lamp Method), IBR approved for Sec.  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 Sec.  761.71.
    (11) ASTM D2158-89, Standard Test Method for Residues in Liquified 
Petroleum (LP) Gases, IBR approved for Sec.  761.71.
    (12) ASTM D2709-88, Standard Test Method for Water and Sediment in 
Distillate Fuels by Centrifuge, IBR approved for Sec.  761.71.
    (13) ASTM D2784-89, Standard Test Method for Sulfur in Liquified 
Petroleum Gases (Oxy-hydrogen Burner or Lamp), IBR approved for Sec.  
761.71.
    (14) ASTM D3178-84, Standard Test Methods for Carbon and Hydrogen 
in the Analysis Sample of Coke and Coal, IBR approved for Sec.  761.71.
    (15) ASTM D3278-89, Standard Test Methods for Flash Point of 
Liquids by Setaflash Closed-Cup Apparatus, IBR approved for Sec.  
761.75.
    (16) ASTM E258-67 (Reapproved 1987), Standard Test Method for Total 
Nitrogen Inorganic Material by Modified KJELDAHL Method, IBR approved 
for Sec.  761.71.
    (b) [Reserved]

0
23. In Sec.  761.71, revise paragraph (b)(2)(vi) to read as follows:


Sec.  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 Sec.  761.19).
* * * * *

0
24. In Sec.  761.75, revise paragraph (b)(8)(iii) to read as follows:


Sec.  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 [deg]C (140[emsp14][deg]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 Sec.  761.19).
* * * * *

PART 1065--[AMENDED]

0
25. The authority citation for part 1065 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
26. In Sec.  1065.703, revise the entries ``Flashpoint, min.'' and 
``Kinematic Viscosity'' in Table 1 of Sec.  1065.703 to read as 
follows:


Sec.  1065.703  Distillate diesel fuel.

* * * * *

                 Table 1 of Sec.   1065.703--Test Fuel Specifications for Distillate Diesel Fuel
----------------------------------------------------------------------------------------------------------------
                                                        Ultra  low                   High          Reference
              Item                       Units            sulfur    Low  sulfur     sulfur       procedure \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Flash Point, min................  [deg]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
----------------------------------------------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec.   1065.1010. See Sec.   1065.701(d) for other allowed
  procedures.


0
27. Revise Sec.  1065.1010 to read as follows:


Sec.  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

[[Page 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 Sec. Sec.  
1065.703, 1065.710.
    (2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods 
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for 
Sec.  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 Sec.  1065.703.
    (4) ASTM D613-05, Standard Test Method for Cetane Number of Diesel 
Fuel Oil, IBR approved for Sec.  1065.703.
    (5) ASTM D910-07, Standard Specification for Aviation Gasolines, 
IBR approved for Sec.  1065.701.
    (6) ASTM D975-07b, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec.  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 Sec.  1065.720.
    (8) ASTM D1319-03, Standard Test Method for Hydrocarbon Types in 
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR 
approved for Sec.  1065.710.
    (9) ASTM D1655-07e01, Standard Specification for Aviation Turbine 
Fuels, IBR approved for Sec.  1065.701.
    (10) ASTM D1837-02a (Reapproved 2007), Standard Test Method for 
Volatility of Liquefied Petroleum (LP) Gases, IBR approved for Sec.  
1065.720.
    (11) ASTM D1838-07, Standard Test Method for Copper Strip Corrosion 
by Liquefied Petroleum (LP) Gases, IBR approved for Sec.  1065.720.
    (12) ASTM D1945-03, Standard Test Method for Analysis of Natural 
Gas by Gas Chromatography, IBR approved for Sec.  1065.715.
    (13) ASTM D2158-05, Standard Test Method for Residues in Liquefied 
Petroleum (LP) Gases, IBR approved for Sec.  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 Sec.  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 Sec.  1065.720.
    (16) ASTM D2622-07, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR 
approved for Sec. Sec.  1065.703, 1065.710.
    (17) ASTM D2713-91 (Reapproved 2001), Standard Test Method for 
Dryness of Propane (Valve Freeze Method), IBR approved for Sec.  
1065.720.
    (18) ASTM D2784-06, Standard Test Method for Sulfur in Liquefied 
Petroleum Gases (Oxy-Hydrogen Burner or Lamp), IBR approved for Sec.  
1065.720.
    (19) ASTM D2880-03, Standard Specification for Gas Turbine Fuel 
Oils, IBR approved for Sec.  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 Sec.  1065.170.
    (21) ASTM D3231-07, Standard Test Method for Phosphorus in 
Gasoline, IBR approved for Sec.  1065.710.
    (22) ASTM D3237-06e01, Standard Test Method for Lead in Gasoline By 
Atomic Absorption Spectroscopy, IBR approved for Sec.  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 Sec.  1065.703.
    (24) ASTM D4814-07a, Standard Specification for Automotive Spark-
Ignition Engine Fuel, IBR approved for Sec.  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 Sec.  1065.703.
    (26) ASTM D5191-07, Standard Test Method for Vapor Pressure of 
Petroleum Products (Mini Method), IBR approved for Sec.  1065.710.
    (27) ASTM D5797-07, Standard Specification for Fuel Methanol (M70-
M85) for Automotive Spark-Ignition Engines, IBR approved for Sec.  
1065.701.
    (28) ASTM D5798-07, Standard Specification for Fuel Ethanol (Ed75-
Ed85) for Automotive Spark-Ignition Engines, IBR approved for Sec.  
1065.701.
    (29) ASTM D6615-06, Standard Specification for Jet B Wide-Cut 
Aviation Turbine Fuel, IBR approved for Sec.  1065.701.
    (30) ASTM D6751-07b, Standard Specification for Biodiesel Fuel 
Blend Stock (B100) for Middle Distillate Fuels, IBR approved for Sec.  
1065.701.
    (31) ASTM D6985-04a, Standard Specification for Middle Distillate 
Fuel Oil--Military Marine Applications, IBR approved for Sec.  
1065.701.
    (32) ASTM F1471-93 (Reapproved 2001), Standard Test Method for Air 
Cleaning Performance of a High-Efficiency Particulate Air Filter 
System, IBR approved for Sec.  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 Sec.  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 Sec.  1065.705.
    (2) IP-500, 2003, Determination of the phosphorus content of 
residual fuels by ultra-violet spectrometry, IBR approved for Sec.  
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 Sec.  1065.705.
    (d) ISO material. Copies of these materials may be obtained from 
the International Organization for Standardization, 1, ch. de la Voie-
Creuse, CP 56, CH-1211 Geneva 20,

[[Page 2466]]

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 Sec.  1065.705.
    (2) ISO 3016:1994, Petroleum products--Determination of pour point, 
IBR approved for Sec.  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 Sec.  1065.705.
    (4) ISO 3675:1998, Crude petroleum and liquid petroleum products--
Laboratory determination of density--Hydrometer method, IBR approved 
for Sec.  1065.705.
    (5) ISO 3733:1999, Petroleum products and bituminous materials--
Determination of water--Distillation method, IBR approved for Sec.  
1065.705.
    (6) ISO 6245:2001, Petroleum products--Determination of ash, IBR 
approved for Sec.  1065.705.
    (7) ISO 8217:2005, Petroleum products--Fuels (class F)--
Specifications of marine fuels, IBR approved for Sec.  1065.705.
    (8) ISO 8754:2003, Petroleum products--Determination of sulfur 
content--Energy-dispersive X-ray fluorescence spectrometry, IBR 
approved for Sec.  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 Sec.  1065.705.
    (10) ISO 10370:1993/Cor 1:1996, Petroleum products--Determination 
of carbon residue--Micro method, IBR approved for Sec.  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 Sec.  
1065.705.
    (12) ISO 12185:1996/Cor 1:2001, Crude petroleum and petroleum 
products--Determination of density--Oscillating U-tube method, IBR 
approved for Sec.  1065.705.
    (13) ISO 14596:2007, Petroleum products--Determination of sulfur 
content--Wavelength-dispersive X-ray fluorescence spectrometry, IBR 
approved for Sec.  1065.705.
    (14) ISO 14597:1997, Petroleum products--Determination of vanadium 
and nickel content--Wavelength-dispersive X-ray fluorescence 
spectrometry, IBR approved for Sec.  1065.705.
    (15) ISO 14644-1:1999, Cleanrooms and associated controlled 
environments, IBR approved for Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  1065.360.
    (2) [Reserved]

[FR Doc. 2012-712 Filed 1-17-12; 8:45 am]
BILLING CODE 6560-50-P


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