[Federal Register: September 7, 2007 (Volume 72, Number 173)]
[Proposed Rules]
[Page 51392-51394]
[DOCID:fr07se07-26]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2002-0071; FRL-8448-8]
RIN 2060-A009

Update of Continuous Instrumental Test Methods: Technical
Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing ``Update of Continuous Instrumental Test
Methods: Technical Amendments'' to correct errors in a recent final
rule that amended five instrumental test methods and was published on
May 15, 2006. As published, the amendments contained inadvertent errors
and provisions that need to be clarified. We are correcting errors and
clarifying portions of the amendments to reflect the intent of the rule
and to make them more understandable by affected parties.
    In the ``Rules and Regulations'' section of this Federal Register,
we are correcting errors and making clarifications as a direct final
rule without a prior proposed rule. If we receive no adverse comment,
we will not take further action on this proposed rule.

DATES: Written comments must be received by October 9, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0071, by mail to Update of Continuous Instrumental Test
Methods, Environmental Protection Agency, Mail Code 2822T, 1200
Pennsylvania Ave., NW., Washington, D.C. Please include a total of 2
copies. Comments may also be submitted electronically or through hand
delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of the Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Foston Curtis, Air Quality and
Analysis Division, Office of Air Quality Planning and Standards (D143-
02), Environmental Protection Agency, Research Triangle Park, North
Carolina 27711; telephone number<PHONE_NUMBER>; fax number (919) 541-
0516; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on ``Update of Continuous
Instrumental Test Methods: Technical Amendments.'' We have published a
direct final rule to correct and clarify updates to test methods in the
``Rules and Regulations'' section of this Federal Register because we
view this as a noncontroversial action and anticipate no adverse
comment. We have explained our reasons for this action in the preamble
to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

II. Does This Action Apply to Me?

    This rule applies to sources that are subject to the New Source
Performance Standards, Clean Air Markets requirements, and other
regulations that require the use of Methods 3A, 6C, 7E, 10, and 20 of
appendices A-1, A-4, and A-7 to 40 CFR part 60.
    Regulated Entities. Categories and entities potentially regulated
include the following:

------------------------------------------------------------------------
                                                         SIC      NAICS
           Examples of regulated entities               codes     codes
------------------------------------------------------------------------
Fossil Fuel Steam Generators........................      3569    332410
Industrial, Commercial, Institutional Steam               3569    332410
 Generating Units...................................
Electric Generating Units...........................      3569    332410
Stationary Gas Turbines.............................      3511    333611
Petroleum Refineries................................      2911    324110
Municipal Waste Combustors..........................      4953    562213
Kraft Pulp Mills....................................      2621    322110
Sulfuric Acid Plants................................      2819    325188
------------------------------------------------------------------------

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
These amendments do not add information collection requirements beyond
those currently required under the applicable regulation. The
amendments being made to the test methods do not add information
collection requirements but make needed corrections to existing testing
methodology.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control number for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small

entity is defined as: (1) A small business whose parent company has
fewer than 100 or 1,000 employees, or fewer than 4 billion kilowatt-hr
per year of electricity usage, depending on the size definition for the
affected North American Industry Classification System code; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities
because it does not impose any additional regulatory requirements.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed,
under section 203 of the UMRA a small government agency plan. The plan
must provide for notifying potentially affected small governments,
enabling officials of affected small governments to have meaningful and
timely input in the development of EPA regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements.
    EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year, nor does this rule significantly or
uniquely impact small governments, because it contains no requirements
that apply to such governments or impose obligations upon them. Thus,
today's rule is not subject to the requirements of sections 202 and 205
of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The amendments in this direct
final will benefit State and Local governments by clarifying and
correcting provisions they currently implement. No added
responsibilities or increase in implementation efforts or costs for
State and Local governments are being added in today's action. Thus,
Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000) requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.''
    This proposed rule does not have tribal implications as specified
in Executive Order 13175. It will not have substantial direct effects
on tribal governments, on the relationship between the Federal
government and Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus

standards are technical standards (e.g., materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This direct final rule does not relax the control measures
on sources regulated by the rule and therefore will not cause emissions
increases from these sources.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedures,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: July 26, 2007.
Stephen L. Johnson,
Administrator.
 [FR Doc. E7-17413 Filed 9-6-07; 8:45 am]

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