[Federal Register: June 16, 2009 (Volume 74, Number 114)]
[Proposed Rules]
[Page 28451-28466]
[DOCID:fr16jn09-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 60, 61 and 63

[EPA-HQ-OAR-2008-0531; FRL-8917-3]
RIN 2060-AP23

Restructuring of the Stationary Source Audit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The action proposes amendments to the General Provisions to
allow accredited providers to supply stationary source audit samples
and to require sources to obtain and use these samples from the
accredited providers instead of from EPA, as is the current practice.
In addition, this proposed rule incorporates by reference Volume 3,
``General Requirements for Environmental Proficiency Test Providers''
adopted December 22, 2007, as an example of an acceptable accredited
proficiency test sample provider (APTSP) technical criteria document.
This document outlines the criteria an accredited provider program must
meet for the samples to be acceptable.
    Requirements pertaining to the audit samples have all been moved to
the General Provisions and have been removed from the test methods
because the current language in the test methods regarding audit
samples is inconsistent from method to method. Therefore, deleting all
references to audit samples in the test methods eliminates any possible
confusion and inconsistencies. Under this proposed amendment, the
requirement to use an audit sample during a compliance test will apply
to all test methods for which a commercially available audit exists.

DATES: Comments must be received on or before July 16, 2009. Under the
Paperwork Reduction Act, comments on the information collection
provisions are best assured of having full effect if the Office of
Management and Budget (OMB) receives a copy of your comments on or
before July 16, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2008-0531, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail)
to<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OAR-2008-
0531.
     Fax: Fax your comments to:<PHONE_NUMBER>, Attention Docket
ID No. EPA-HQ-OAR-2008-0531.
     Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mail Code 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Attention Docket ID
No. EPA-HQ-OAR-2008-0531. In addition, please mail a copy of your
comments on the information collection provisions to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC
20503.
     Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, 1301 Constitution Ave., NW., Room 3334, Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0531. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA

Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Restructuring of
the Stationary Source Audit Program Docket, EPA/DC, EPA West Building,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. This Docket
Facility Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the Air Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For questions concerning today's
proposed rule, contact Ms. Candace Sorrell, U.S. EPA, Office of Air
Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (E143-02), Research Triangle Park, NC
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action would apply to you if you operate a stationary source
that is subject to applicable requirements to conduct compliance
testing under 40 CFR parts 60, 61, and 63.
    In addition, this action would apply to you if Federal, State, or
local agencies take certain additional actions. For example, this
action would apply if State or local agencies implement regulations
using any of the stationary source compliance test methods in Appendix
M of Part 51 by adopting these methods in rules or permits (either by
incorporation by reference or by duplicating the method in its
entirety).
    The source categories and entities potentially affected include,
but are not limited to, the following:

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                    Category                     NAICS \a\                                 Examples of regulated entities
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Industry.......................................     336111  Surface Coating.
                                                    336112
Industry.......................................     332410  Industrial, Commercial, Institutional Steam Generating Units.
Industry.......................................     332410  Electric Generating Units.
Industry.......................................     333611  Stationary Gas Turbines.
Industry.......................................     324110  Petroleum Refineries.
Industry.......................................     562213  Municipal Waste Combustors.
Industry.......................................     322110  Pulp and Paper Mills.
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\a\ North American Industry Classification System.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer (C404-02), U.S. EPA, Office of Air Quality
Planning and Standards, Research Triangle Park, NC 27711, Attention
Docket ID No. EPA-HQ-OAR-2008-0531. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

C. Where Can I Obtain a Copy of This Action and Other Related
Information?

    In addition to being available in the docket, an electronic copy of
these proposed amendments is also available on the Worldwide Web
(http://www.epa.gov/ttn) through the Technology Transfer Network (TTN).
Following the Administrator's signature, a copy of the proposed
amendment will be posted on the TTN's policy and guidance page for
newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg.
The TTN provides information and technology exchange in various areas
of air pollution control.

D. How Is This Document Organized?

    The information in this preamble is organized as follows:

I. General Information
    A. Does This Action Apply to Me?
    B. What Should I Consider as I Prepare My Comments for EPA?
    C. Where Can I Obtain a Copy of This Document and Other Related
Information?
    D. How Is This Document Organized?
II. Background
III. This Action
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism

    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

II. Background

    Quality assurance is an important part of evaluating the validity
of compliance test data. One way of checking the quality of the data
obtained during compliance tests is to use audit samples. Audit samples
are samples whose true value is known to the supplier but not to the
user and are analyzed alongside the samples collected in the field
during the compliance test to evaluate the quality of the data. In the
past, there were no private entities who supplied stationary source
audit samples, so EPA provided them free of charge to regulatory
agencies. Over the past few years with the emergence of field sampling
and laboratory accreditation programs, there has been an increasing
need for such samples and a number of private providers have emerged.
EPA believes it is no longer necessary for it to supply audit samples
and, therefore, has decided to restructure the audit program to allow
private accredited suppliers to provide audit samples to industries for
use in compliance testing at stationary source facilities.

III. This Action

    This action proposes to revise the General Provisions of Parts 51,
60, 61, and 63 to allow accredited audit sample providers to supply
stationary source audit samples and to require sources to obtain and
use these samples from the accredited providers instead of from EPA, as
is the current practice. It also revises test methods 5I, 6, 6A-C, 7,
7A-D, 8, 15A, 16A, 18, 23, 25, 25C, 25D, 26, 26A, 104, 106, 108, 108A-
C, 204A-F, 306, 306A, and 308 to delete any language pertaining to
audit samples. By adding language to the General Provisions of Parts
51, 60, 61 and 63, the requirement to obtain and use audits for
stationary source compliance test using EPA stationary source test
methods is expanded and clarified. The current General Provisions and
EPA test methods are not consistent in their language concerning the
use or availability of audit samples. This action will potentially
increase the number of test methods required to use audit samples and
will clarify how the samples are to be obtained and used. By clarifying
the requirement for audit samples and expanding their availability
through multiple providers, EPA believes more audits will be used
during compliance tests and the overall quality of the data used for
determining compliance will improve.
    This action proposes minimum requirements for the audit samples,
the accredited audit sample providers (AASP), and the audit sample
provider acceditor (ASPA). The AASP is the company that prepares and
distributes the audit samples and the ASPA is a third-party
organization that will accredit and monitor the performance of the
AASPs. Both the AASP and the ASPA must work with a voluntary consensus
standard body using the consensus process to develop criteria documents
that describe how they will function. The Federal Office of Management
and Budget Circular A-119 defines a voluntary consensus standards body
(VCSB) as one having the following attributes: (i) Openness; (ii)
balance of interest; (iii) due process; (iv) an appeals process; and
(v) consensus, which is general agreement, but not necessarily
unanimity, and includes a process for attempting to resolve objections
by interested parties. As long as all comments have been fairly
considered, each objector is advised of the disposition of his or her
objection(s) and the reason(s) why, and the consensus body members are
given an opportunity to change their votes after reviewing the
comments.
    AASPs must be accredited by an ASPA according to a technical
criteria document developed by a VCSB. There may be many AASPs and more
than one ASPA and VCSB. We predict that initially there will only be
one VCSB. An example of an acceptable accredited proficiency test
sample provider (APTSP) technical criteria document is Volume 3,
``General Requirements for Environmental Proficiency Test Providers''
adopted December 22, 2007, (incorporated by reference--see Sec.
60.17). This document specifies the requirements for providers who
supply proficiency test (PT) samples for accrediting laboratories to
perform analysis of water and solid waste samples and is an example of
the type of technical criteria document that would be needed for
providers of stationary source audits.
    This action proposes language that outlines the responsibilities of
the regulated source owner or operator to acquire and use an audit
sample for all testing conducted to determine compliance with an air
emission limit. The requirement would apply only if there is a
commercially available audit for the test method used during the
compliance testing. The source owner, operator or representative shall
report the results for the audit sample along with a summary of the
emission test results for the audited pollutant to the appropriate
compliance authority.
    This action proposes if there are no audit samples available from
the AASPs, PT samples supplied by an accredited proficiency test sample
provider (APTSP) may be used as an alternative provided that they are
distributed as blind audit samples.
    From a scientific standpoint, PT samples and audit samples are
identical. Physically and chemically, the samples are the same.
However, the purpose of the samples is slightly different. The PT
samples are designed to establish the proficiency of a laboratory for
performing a specific method or procedure as in a lab accreditation
program. The PT samples are typically analyzed on a recurring schedule
at some specified time interval that is not connected to any particular
event. They are only designed to demonstrate that the laboratory has
the capability to properly analyze a particular kind of sample by a
particular method. Audit samples by contrast are event driven. They are
designed to demonstrate that during a particular test event, the tester
produced acceptable results for the method or procedure that was used
during that test event. They are not analyzed on a regular schedule,
but they are analyzed only during the particular event (a compliance
test for example) that is being ``audited''. They must be analyzed by
the same analyst, using the same equipment and materials that are used
to analyze the samples for which the audit is being conducted.
    In addition to allowing private AASPs to provide audit samples for
the stationary source audit program, this action shifts the burden of
obtaining an audit sample from the compliance authority to the source.
In the past, the EPA provided the samples to the compliance authorities
at no cost, but this action proposes to require the source to purchase
the samples from an accredited provider. The samples will vary in cost
depending on the type of audit sample required; however, the cost will
be a very small portion of the cost of a compliance test (approximately
one percent). Based on historical data, EPA estimates that the total
cost to industry to purchase audit samples will be between $100,00 to
$150,000 per year at the current usage rate.

IV. 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 (EO) 12866 (58 FR 51735, October 4, 1993) and
is, therefore, not subject to review under the EO.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA has been
assigned EPA ICR number 2355.01.
    A regulated emission source conducting a compliance test would
purchase an audit sample from an AASP. The AASP would report the true
value of the audit sample to the compliance authority (State, local or
EPA Regional Office). This is a new reporting requirement. The AASP
would in most cases make the report by electronic mail. A report would
be made for each audit sample that the AASP sold to a regulated
emission source that was conducting an emissions test to determine
compliance with an emission limit.
    Based on historic data, EPA estimates that there will be about 1000
audit samples sold each year generating the need for about 1000 reports
which corresponds to 80 hours burden or 0.08 hour per response for
reporting and recordkeeping. The estimated cost burden is $5.05 per
response or an annual burden of $5,050. Burden means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this rule, which
include this ICR, under Docket ID number EPA-HQ-OAR-2008-0531. Submit
any comments related to the ICR for this proposed rule to EPA and OMB.
See ADDRESSES section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after June 16, 2009, a comment to OMB is best
assured of having its full effect if OMB receives it by July 16, 2009.
The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.

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 this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We do not
anticipate that the proposed restructuring of the audit program will
result in a significant economic impact on small entities.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
The incremental costs associated with purchasing the audit samples
(expected to be less than $1,000 per test) do not impose a significant
burden on sources. Thus, this rule is not subject to the requirements
of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule actually
removes the responsibility of acquiring the audit samples from the
government agencies to the regulated facility.

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 proposed amendments would
add language to the general provisions to allow accredited providers to
supply stationary source audit samples and to require sources to obtain
and use these samples from the accredited providers instead of from
EPA, as is the current practice. Thus, Executive Order 13132 does not
apply to this rule.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) The proposed
amendments would

add language to the general provisions to allow accredited providers to
supply stationary source audit samples and to require sources to obtain
and use these samples from the accredited providers instead of from
EPA, as is the current practice. Thus, Executive Order 13175 does not
apply to this action.

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

    EPA interprets EO 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 EO has the
potential to influence the regulation. This action is not subject to EO
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 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 of 1995 (``NTTAA''), Public Law No. 104-113 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, 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.
    This proposed rulemaking involves technical standards. EPA proposes
to incorporate by reference two consensus standards from The NELAC
Institute (TNI). The first standard is TNI Standard Volume 3 entitled
General Requirements for Environmental Proficiency Providers which was
adopted by TNI on December 22, 2007. The second standard is TNI
Standard Volume 4 entitled General Standard for an Accreditor of
Environmental Proficiency Test Providers. The two documents can be
obtained by downloading them from the TNI Web site (http://www.nelac-
institute.org).
    EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable VCS and explain why such standards should be used in this
regulation.

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

    Executive Order (EO) 12898 (59 FR 7629, February 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. The proposed amendments would add language to the general
provisions to allow accredited providers to supply stationary source
audit samples and to require sources to obtain and use these samples
from the accredited providers instead of from EPA, as is the current
practice.

List of Subjects

40 CFR Part 51

    Administrative practice and procedure, Air pollution control,
Carbon monoxide, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen oxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur compounds, Volatile organic
compounds.

40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, continuous emission monitors, Incorporation by
reference.

40 CFR Part 61

    Environmental protection, Air pollution control, Incorporation by
reference.

40 CFR Part 63

    Environmental protection, Administrative practice and Procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Incorporation by reference, Reporting and recordkeeping
requirements.

    Dated: June 5, 2009.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

    1. The authority citation for part 51 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401-7671q.

    2. Amend Appendix M to part 51 as follows:
    a. Designate the three introductory paragraphs as 1.0 through 3.0.
    b. Add new introductory paragraph 4.0.
    c. In Method 204A by removing Sections 7.2, 7.2.1, 7.2.2, and
7.2.3.
    d. In Method 204B by removing Sections 6.2, 6.2.1, 6.2.2, and
6.2.3.
    e. In Method 204C by removing Sections 6.2, 6.2.1, 6.2.2, and
6.2.3.
    f. In Method 204D by removing Sections 6.2, 6.2.1, 6.2.2, and
6.2.3.
    g. In Method 204E by removing Sections 6.2, 6.2.1, 6.2.2, and
6.2.3.
    h. In Method 204F by removing Sections 6.3, 6.3.1, 6.3.2, 6.3.3.

Appendix M To Part 51--Recommended Test Methods for State
Implementation Plans

* * * * *
    4.0 Quality Assurance Procedures. The performance test shall
include an external QA program which shall include, at a minimum, a
test method performance audit (PA) during the performance test. The
PAs consist of blind audit samples supplied by an accredited audit
sample provider and analyzed during the performance test in order to
provide a measure of test data bias. The audit sample must be
analyzed by the same analyst using the same analytical reagents and
analytical system as the compliance samples. Retests are required
when there is a failure to produce acceptable results for an audit
sample. However, if the audit results do not affect the compliance
or noncompliance status of the affected facility, the compliance
authority may waive the reanalysis requirement, further audits, or
retests and accept the results of the compliance test. The
compliance authority may also use the audit sample failure and the
compliance test results as evidence to

determine the compliance or noncompliance status of the affected
facility. A blind audit sample is a sample whose value is known only
to the sample provider and is not revealed to the tested facility
until after they report the measured value of the audit sample. For
pollutants that exist in the gas phase at ambient temperature, the
audit sample shall consist of an appropriate concentration of the
pollutant in air or nitrogen that can be introduced into the
sampling system of the test method at the same entry point as a
sample from the emission source. If no gas phase audit samples are
available, an acceptable alternative is a sample of the pollutant in
the same matrix that would be produced when the sample is recovered
from the sampling system as required by the test method. For samples
that exist only in a liquid or solid form at ambient temperature,
the audit sample shall consist of an appropriate concentration of
the pollutant in the same matrix that would be produced when the
sample is recovered from the sampling system as required by the test
method. An accredited audit sample provider (AASP) is an
organization that has been accredited to prepare audit samples by an
independent, third party accrediting body. If there are no audit
samples available from an accredited audit sample provider,
proficiency test (PT) samples supplied by an accredited PT sample
provider (APTSP) may be used as an alternative provided that they
are distributed as blind audit samples as defined in this paragraph.
A proficiency test sample is a sample whose composition is unknown
to the laboratory and is provided to test whether the laboratory can
produce results within the specified acceptance range. The external
QA program may also include systems audits that include the
opportunity for on-site evaluation by the Administrator of
instrument calibration, data validation, sample logging, and
documentation of quality control data and field maintenance
activities.
    a. The source owner, operator, or representative of the tested
facility shall obtain an audit sample, if available, from an AASP or
APTSP for each test method used for regulatory compliance purposes.
If the source owner, operator, or representative cannot find an
audit sample for a specific method, the owner, operator, or
representative shall consult the EPA Web site at the following URL,
www.epa.gov/ttn/emc, to confirm whether there is a source that can
supply an audit sample for that method. If the EPA Web site does not
list an available audit sample at least 60 days prior to the
beginning of the compliance test, the source owner, operator, or
representative shall not be required to include an audit sample as
part of the quality assurance program for the compliance test. When
ordering an audit sample, the source owner, operator, or
representative shall give the sample provider an estimate for the
concentration of each pollutant that is emitted by the source and
the name, address, and phone number of the compliance authority. The
source owner, operator, or representative shall report the results
for the audit sample along with a summary of the emission test
results for the audited pollutant to the compliance authority and
shall report the results of the audit sample to the AASP or the
APTSP. The source owner, operator, or representative shall make both
reports at the same time and in the same manner or shall report to
the compliance authority first and report to the AASP or APTSP. If
the method being audited is a method that allows the samples to be
analyzed in the field and the tester plans to analyze the samples in
the field, the tester may analyze the audit samples prior to
collecting the emission samples provided a representative of the
compliance authority is present at the testing site. The source
owner, operator, or representative may report the results of the
audit sample to the compliance authority and then report the results
of the audit sample to the AASP or the APTSP prior to collecting any
emission samples. The test protocol and final test report shall
document whether an audit sample was ordered and utilized and the
pass/fail results as applicable.
    b. An AASP or APTSP shall have and shall prepare, analyze, and
report the true value of audit samples in accordance with a written
technical criteria document that describes how audit samples or PT
samples will be prepared and distributed in a manner that will
insure the integrity of the audit sample program. One acceptable
APTSP technical criteria document is Volume 3, ``General
Requirements for Environmental Proficiency Test Providers''
(incorporated by reference--see Sec.  60.17). An acceptable
technical criteria document shall contain standard operating
procedures for all of the following operations:
    1. Preparing the sample;
    2. Confirming the true concentration of the sample;
    3. Distributing the sample to the user in a manner that
guarantees that the true value of the sample is unknown to the user;
    4. Recording the measured concentration reported by the user and
determining if the measured value is within acceptable limits;
    5. The AASP or APTSP shall report the results from each audit
sample to the compliance authority and to the source owner,
operator, or representative. The AASP or APTSP shall make both
reports at the same time and in the same manner or shall report to
the compliance authority first and then report to the source owner,
operator, or representative. The results shall include the name of
the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection,
the name of the company that analyzed the compliance samples
including the audit sample, the measured result for the audit
sample, the true value of the audit sample, the acceptance range for
the measured value, and whether the testing company passed or failed
the audit.
    6. Evaluating the acceptance limits of samples at least once
every two years to determine in consultation with the voluntary
consensus standard body if they should be changed;
    7. Maintaining a database, accessible to the compliance
authorities, of results from the audit that shall include the name
of the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection,
the name of the company that analyzed the compliance samples
including the audit sample, the measured result for the audit
sample, the true value of the audit sample, the acceptance range for
the measured value, and whether the testing company passed or failed
the audit.
    c. The accrediting body shall have a written technical criteria
document that describes how it will insure that the AASP or APTSP is
operating in accordance with the AASP or APTSP technical criteria
document that describes how audit or PT samples are to be prepared
and distributed. This document shall contain standard operating
procedures for all of the following operations:
    1. Checking audit samples to confirm their true value as
reported by the AASP;
    2. Performing technical systems audits of the AASP's facilities
and operating procedures at least once every two years.
    3. Providing standards for use by the voluntary consensus
standard body to approve the accrediting body that will accredit the
audit sample providers.
    d. The technical criteria documents for the accredited sample
providers and the accrediting body shall be developed through a
public process guided by a voluntary consensus standards body
(VCSB). The VCSB shall operate in accordance with the procedures and
requirements in the Office of Management and Budget Circular A-119.
The VCSB shall approve all accrediting bodies. The Administrator
will review all technical criteria documents. If the technical
criteria documents do not meet the minimum technical requirements in
this Appendix M, paragraph b. through d. of this paragraph 4.0, the
technical criteria documents are not acceptable and the proposed
audit sample program is not capable of producing audit samples of
sufficient quality to be used in a compliance test. All acceptable
technical criteria documents are incorporated by reference in 40 CFR
60.17.
* * * * *

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

    Authority:  42 U.S.C. 7410, 7414, 7421, 7470-7479, 7491, 7492,
7601 and 7602.

    4. Section 60.8 is amended by adding paragraph (g) to read as
follows:

Sec.  60.8  Performance tests.

* * * * *
    (g) The performance test shall include an external QA program which
shall include, at a minimum, a test method performance audit (PA)
during the performance test. The PAs consist of blind audit samples
supplied by an accredited audit sample provider and analyzed during the
performance test in order to provide a measure of test data bias. The
audit sample must be analyzed

by the same analyst using the same analytical reagents and analytical
system as the compliance samples. Retests are required when there is a
failure to produce acceptable results for an audit sample. However, if
the audit results do not affect the compliance or noncompliance status
of the affected facility, the compliance authority may waive the
reanalysis requirement, further audits, or retests and accept the
results of the compliance test. The compliance authority may also use
the audit sample failure and the compliance test results as evidence to
determine the compliance or noncompliance status of the affected
facility. A blind audit sample is a sample whose value is known only to
the sample provider and is not revealed to the tested facility until
after they report the measured value of the audit sample. For
pollutants that exist in the gas phase at ambient temperature, the
audit sample shall consist of an appropriate concentration of the
pollutant in air or nitrogen that can be introduced into the sampling
system of the test method at the same entry point as a sample from the
emission source. If no gas phase audit samples are available, an
acceptable alternative is a sample of the pollutant in the same matrix
that would be produced when the sample is recovered from the sampling
system as required by the test method. For samples that exist only in a
liquid or solid form at ambient temperature, the audit sample shall
consist of an appropriate concentration of the pollutant in the same
matrix that would be produced when the sample is recovered from the
sampling system as required by the test method. An accredited audit
sample provider (AASP) is an organization that has been accredited to
prepare audit samples by an independent, third party accrediting body.
If there are no audit samples available from an accredited audit sample
provider, proficiency test (PT) samples supplied by an accredited PT
sample provider (APTSP) may be used as an alternative provided that
they are distributed as blind audit samples as defined in this
paragraph. A PT sample is a sample whose composition is unknown to the
laboratory and is provided to test whether the laboratory can produce
results within the specified acceptance range. The external QA program
may also include systems audits that include the opportunity for on-
site evaluation by the Administrator of instrument calibration, data
validation, sample logging, and documentation of quality control data
and field maintenance activities.
    (1) The source owner, operator, or representative of the tested
facility shall obtain an audit sample, if available, from an AASP or
APTSP for each test method used for regulatory compliance purposes. If
the source owner, operator, or representative cannot find an audit
sample for a specific method, the owner, operator, or representative
shall consult the EPA Web site at the following URL, www.epa.gov/ttn/
emc, to confirm whether there is a source that can supply an audit
sample for that method. If the EPA Web site does not list an available
audit sample at least 60 days prior to the beginning of the compliance
test, the source owner, operator, or representative shall not be
required to include an audit sample as part of the quality assurance
program for the compliance test. When ordering an audit sample, the
source, operator, or representative shall give the sample provider an
estimate for the concentration of each pollutant that is emitted by the
source and the name, address, and phone number of the compliance
authority. The source owner, operator, or representative shall report
the results for the audit sample along with a summary of the emission
test results for the audited pollutant to the compliance authority and
shall report the results of the audit sample to the AASP or the APTSP.
The source owner, operator, or representative shall make both reports
at the same time and in the same manner or shall report to the
compliance authority first and then report to the AASP or APTSP. If the
method being audited is a method that allows the samples to be analyzed
in the field and the tester plans to analyze the samples in the field,
the tester may analyze the audit samples prior to collecting the
emission samples provided a representative of the compliance authority
is present at the testing site. The source owner, operator, or
representative may report the results of the audit sample to the
compliance authority and report the results of the audit sample to the
AASP or the APTSP prior to collecting any emission samples. The test
protocol and final test report shall document whether an audit sample
was ordered and utilized and the pass/fail results as applicable.
    (2) An AASP or APTSP shall have and shall prepare, analyze, and
report the true value of audit samples in accordance with a written
technical criteria document that describes how audit samples or PT
samples will be prepared and distributed in a manner that will insure
the integrity of the audit sample program. One acceptable APTSP
technical criteria document is Volume 3, ``General Requirements for
Environmental Proficiency Test Providers'' (incorporated by reference--
see Sec.  60.17.) An acceptable technical criteria document shall
contain standard operating procedures for all of the following
operations:
    (i) Preparing the sample;
    (ii) Confirming the true concentration of the sample;
    (iii) Distributing the sample to the user in a manner that
guarantees that the true value of the sample is unknown to the user;
    (iv) Recording the measured concentration reported by the user and
determining if the measured value is within acceptable limits;
    (v) The AASP or APTSP shall report the results from each audit
sample to the compliance authority and then to the source owner,
operator, or representative. The AASP or APTSP shall make both reports
at the same time and in the same manner or shall report to the
compliance authority first and then report to the source owner,
operator, or representative. The results shall include the name of the
facility tested, the date on which the compliance test was conducted,
the name of the company performing the sample collection, the name of
the company that analyzed the compliance samples including the audit
sample, the measured result for the audit sample, the true value of the
audit sample, the acceptance range for the measured value, and whether
the testing company passed or failed the audit.
    (vi) Evaluating the acceptance limits of samples at least once
every two years to determine in cooperation with the voluntary
consensus standard body if they should be changed;
    (vii) Maintaining a database, accessible to the compliance
authorities, of results from the audit that shall include the name of
the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection,
the name of the company that analyzed the compliance samples including
the audit sample, the measured result for the audit sample, the true
value of the audit sample, the acceptance range for the measured value,
and whether the testing company passed or failed the audit.
    (3) The accrediting body shall have a written technical criteria
document that describes how it will insure that the AASP or APTSP is
operating in accordance with the AASP or APTSP technical criteria
document that describes how audit or PT samples are to be prepared and
distributed. This document shall contain standard

operating procedures for all of the following operations:
    (i) Checking audit samples to confirm their true value as reported
by the AASP;
    (ii) Performing technical systems audits of the AASP's facilities
and operating procedures at least once every two years;
    (iii) Providing standards for use by the voluntary consensus
standard body to approve the accrediting body that will accredit the
audit sample providers.
    (4) The technical criteria documents for the accredited sample
providers and the accrediting body shall be developed through a public
process guided by a voluntary consensus standards body (VCSB). The VCSB
shall operate in accordance with the procedures and requirements in the
Office of Management and Budget Circular A-119. The VCSB shall approve
all accrediting bodies. The Administrator will review all technical
criteria documents. If the technical criteria documents do not meet the
minimum technical requirements in paragraphs (g)(2) through (4) of this
section, the technical criteria documents are not acceptable and the
proposed audit sample program is not capable of producing audit samples
of sufficient quality to be used in a compliance test. All acceptable
technical criteria documents are incorporated by reference in 40 CFR
60.17.
    5. In Appendix A-3 to part 60 amend Method 5I by revising Section
7.2 to read as follows:

Appendix A-3 to Part 60--Test Methods 4 through 5I

* * * * *

Method 5I--Determination of Low Level Particulate Matter Emissions from
Stationary Sources

* * * * *
    7.2 Standards. There are no applicable standards commercially
available for Method 5I analyses.
* * * * *
    6. Amend Appendix A-4 to part 60 as follows:
    a. In Method 6 as follows:
    i. Remove Section 7.3.6.
    ii. Revise Section 9.0.
    iii. Remove Sections 11.3, 11.3.1 through 11.3.3, 11.4, 11.4.1
through 11.4.4, and 12.4.
    iv. Revise Section 12.1.
    b. In Method 6A as follows:
    i. Remove Section 11.2
    ii. Revise Section 16.5.
    c. In Method 6B by removing Section 11.2.
    d. In Method 6C by revising Section 16.1.
    e. In Method 7 as follows:
    i. Remove Section 7.3.10.
    ii. Revise Section 9.0.
    iii. Remove Sections 11.4, 11.4.1 through 11.4.3, 11.5, 11.5.1
through 11.5.4, and 12.6.
    iv. Revise Section 12.1.
    f. In Method 7A as follows:
    i. Revise Section 6.3.
    ii. Remove Section 7.3.5.
    iii. Revise Section 9.0.
    iv. Remove Section 11.3.
    g. In Method 7B as follows:
    i. Revise Section 9.0.
    ii. Remove Section 11.4.
    h. In Method 7C as follows:
    i. Remove Section 7.2.15.
    ii. Revise Section 9.0.
    iii. Remove Section 11.6.
    i. In Method 7D as follows:
    i. Remove Sections 7.2.6 and 11.3.
    ii. Revise Section 9.0.
    j. In Method 8 as follows:
    i. Remove Section 7.3.1.
    ii. Revise Section 9.1.
    iii. Remove Sections 11.3, 11.3.1, 11.3.2, 11.3.3, 11.4, 11.4.1,
11.4.2, 11.4.3, 11.4.4, and 12.9.
    iv. Revise Section 12.1.

Appendix A-4 to Part 60--Test Methods 6 through 10B

* * * * *

Method 6--Determination of Sulfur Dioxide Emissions from Stationary
Sources

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
7.1.2.................................  Isopropanol check.............  Ensure acceptable level of peroxide
                                                                         impurities in isopropanol.
8.2, 10.1-10.4........................  Sampling equipment leak-check   Ensure accurate measurement of stack gas
                                         and calibration.                flow rate, sample volume.
10.5..................................  Barium standard solution        Ensure precision of normality
                                         standardization.                determination.
11.2.3................................  Replicate titrations..........  Ensure precision of titration
                                                                         determinations.
----------------------------------------------------------------------------------------------------------------

* * * * *
    12.1 Nomenclature.

CSO2 = Concentration of SO2, dry basis,
corrected to standard conditions, mg/dscm (lb/dscf).
N = Normality of barium standard titrant, meq/ml.
Pbar = Barometric pressure, mm Hg (in. Hg).
Pstd = Standard absolute pressure, 760 mm Hg (29.92 in.
Hg).
Tm = Average DGM absolute temperature, [deg]K ([deg]R).
Tstd = Standard absolute temperature, 293 [deg]K (528
[deg]R).
Va = Volume of sample aliquot titrated, ml.
Vm = Dry gas volume as measured by the DGM, dcm (dcf).
Vm(std) = Dry gas volume measured by the DGM, corrected
to standard conditions, dscm (dscf).
Vsoln = Total volume of solution in which the
SO2 sample is contained, 100 ml.
Vt = Volume of barium standard titrant used for the
sample (average of replicate titration), ml.
Vtb = Volume of barium standard titrant used for the
blank, ml.
Y = DGM calibration factor.
* * * * *

Method 6A--Determination of Sulfur Dioxide, Moisture and Carbon Dioxide
Emissions from Fossil Fuel Combustion Sources

* * * * *
    16.5 Sample Analysis. Analysis of the peroxide solution is the
same as that described in Section 11.1.
* * * * *

Method 6C--Determination of Sulfur Dioxide Emissions from Stationary
Sources (Instrumental Analyzer Procedure)

* * * * *
    16.1 Alternative Interference Check. You may perform an
alternative interference check consisting of at least three
comparison runs between Method 6C and Method 6. This check validates
the Method 6C results at each particular source category (type of
facility) where the check is performed. When testing under
conditions of low concentrations (<15 ppm), this alternative
interference check is not allowed.

    Note:  The procedure described below applies to non-dilution
sampling systems only. If this alternative interference check is
used for a dilution sampling system, use a standard Method 6
sampling train and extract the sample directly from the exhaust
stream at points collocated with the Method 6C sample probe.

    (1) Build the modified Method 6 sampling train (flow control
valve, two midget impingers containing 3 percent hydrogen peroxide,
and dry gas meter) shown in Figure 6C-1. Connect the sampling train
to the sample bypass discharge vent. Record the dry gas meter
reading before you begin sampling. Simultaneously collect modified
Method 6 and Method 6C samples. Open the flow control valve in the
modified Method 6 train as you begin to sample with Method 6C.
Adjust the Method 6 sampling rate to 1 liter per minute (.10
percent). The sampling time per run must be the same as for Method 6
plus twice the average measurement system response time. If your
modified Method 6 train does not include a pump, you risk biasing
the results high if you over-pressurize the midget impingers and
cause a leak. You

can reduce this risk by cautiously increasing the flow rate as
sampling begins.
    (2) After completing a run, record the final dry gas meter
reading, meter temperature, and barometric pressure. Recover and
analyze the contents of the midget impingers using the procedures in
Method 6. Determine the average gas concentration reported by Method
6C for the run.
* * * * *

Method 7--Determination of Nitrogen Oxide Emissions from Stationary
Sources

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.1..................................  Spectrophotometer calibration.  Ensure linearity of spectrophotometer
                                                                         response to standards.
----------------------------------------------------------------------------------------------------------------

* * * * *
    12.1 Nomenclature.

A = Absorbance of sample.
A1 = Absorbance of the 100-[mu]g NO2 standard.
A2 = Absorbance of the 200-[mu]g NO2 standard.
A3 = Absorbance of the 300-[mu]g NO2 standard.
A4 = Absorbance of the 400-[mu]g NO2 standard.
C = Concentration of NOX as NO2, dry basis,
corrected to standard conditions, mg/dsm\3\ (lb/dscf).
F = Dilution factor (i.e., 25/5, 25/10, etc., required only if
sample dilution was needed to reduce the absorbance into the range
of the calibration).
Kc = Spectrophotometer calibration factor.
m = Mass of NOX as NO2 in gas sample, [mu]g.
Pf = Final absolute pressure of flask, mm Hg (in. Hg).
Pi = Initial absolute pressure of flask, mm Hg (in. Hg).
Pstd = Standard absolute pressure, 760 mm Hg (29.92 in.
Hg).
Tf = Final absolute temperature of flask, [deg]K
([deg]R).
Ti = Initial absolute temperature of flask, [deg]K
([deg]R).
Tstd = Standard absolute temperature, 293 [deg]K (528
[deg]R).
Vsc = Sample volume at standard conditions (dry basis),
ml.
Vf = Volume of flask and valve, ml.
Va = Volume of absorbing solution, 25 ml.
* * * * *

Method 7A--Determination of Nitrogen Oxide Emissions from Stationary
Sources (Ion Chromatographic Method)

* * * * *
    6.3 Analysis. For the analysis, the following equipment and
supplies are required. Alternative instrumentation and procedures
will be allowed provided the calibration precision requirement in
Section 10.1.2 can be met.
* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.1..................................  Ion chromatograph calibration.  Ensure linearity of ion chromatograph
                                                                         response to standards.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 7B--Determination of Nitrogen Oxide Emissions from Stationary
Sources (Ultraviolet Spectrophotometric Method)

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.1..................................  Spectrophotometer calibration.  Ensures linearity of spectrophotometer
                                                                         response to standards.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 7C--Determination of Nitrogen Oxide Emissions from Stationary
Sources (Alkaline Permanganate/Colorimetric Method)

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
8.2, 10.1-10.3........................  Sampling equipment leak-check   Ensure accurate measurement of sample
                                         and calibration.                volume.
10.4..................................  Spectrophotometer calibration.  Ensure linearity of spectrophotometer
                                                                         response to standards.
11.3..................................  Spiked sample analysis........  Ensure reduction efficiency of column.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 7D--Determination of Nitrogen Oxide Emissions from Stationary
Sources--Alkaline-Permanganate/Ion Chromatographic Method

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
8.2, 10.1-10.3........................  Sampling equipment leak-check   Ensure accurate measurement of sample
                                         and calibration.                volume.
10.4..................................  Spectrophotometer calibration.  Ensure linearity of spectrophotometer
                                                                         response to standards.
11.3..................................  Spiked sample analysis........  Ensure reduction efficiency of column.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 8--Determination of Sulfuric Acid and Sulfur Dioxide Emissions
from Stationary Sources

* * * * *
    9.1 Miscellaneous Quality Control Measures.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
7.1.3.................................  Isopropanol check.............  Ensure acceptable level of peroxide
                                                                         impurities in isopropanol.
8.4, 8.5, 10.1........................  Sampling equipment leak-check   Ensure accurate measurement of stack gas
                                         and calibration.                flow rate, sample volume.
10.2..................................  Barium standard solution        Ensure normality determination.
                                         standardization.
11.2..................................  Replicate titrations..........  Ensure precision of titration
                                                                         determinations.
----------------------------------------------------------------------------------------------------------------

* * * * *
    12.1 Nomenclature. Same as Method 5, Section 12.1, with the
following additions and exceptions:

CH[inf2inf2]SO[inf2inf4] = Sulfuric acid
(including SO3) concentration, g/dscm (lb/dscf).
CSO[inf2inf2] = Sulfur dioxide concentration, g/dscm (lb/
dscf).
N = Normality of barium perchlorate titrant, meq/ml.
Va = Volume of sample aliquot titrated, 100 ml for
H2SO4 and 10 ml for SO2.
Vsoln = Total volume of solution in which the sample is
contained, 250 ml for the SO2 sample and 1000 ml for the
H2SO4 sample.
Vt = Volume of barium standard solution titrant used for
the sample, ml.
Vtb = Volume of barium standard solution titrant used for
the blank, ml.
* * * * *

    7. In Appendix A-5 to part 60 amend Method 15A as follows:
    a. Revise Section 9.0.
    b. Remove Section 11.2.

Appendix A-5 to Part 60--Test Methods 11 through 15A

* * * * *

Method 15A--Determination of Total Reduced Sulfur Emissions from Sulfur
Recovery Plants in Petroleum Refineries

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
8.5...................................  System performance check......  Ensures validity of sampling train
                                                                         components and analytical procedure.
8.2, 10.0.............................  Sampling equipment leak-check   Ensures accurate measurement of stack
                                         and calibration.                gas flow rate, sample volume.
10.0..................................  Barium standard solution        Ensures precision of normality
                                         standardization.                determination.
11.1..................................  Replicate titrations..........  Ensures precision of titration
                                                                         determinations.
----------------------------------------------------------------------------------------------------------------

* * * * *

    8. Amend Appendix A-6 to part 60 as follows:
    a. Amend Method 16A as follows:
    i. Revise Section 9.0.
    ii. Remove Section 11.2.
    b. Amend Method 18 as follows:
    i. Remove Sections 7.2, <IP_ADDRESS>.2.2, and <IP_ADDRESS>.
    ii. Revise Section <IP_ADDRESS>.
    iii. Remove Sections <IP_ADDRESS>, and <IP_ADDRESS>.3.
    iv. Revise Section <IP_ADDRESS>.2.
    v. Remove Sections 9.2, and 13.1(b).
    vi. Designate the ``Gaseous Organic Sampling and Analysis
Checklist'' as figure 18-15, and revise newly designated figure 18-15.

Appendix A-6 to Part 60--Test Methods 16 through 18

* * * * *

Method 16A--Determination of Total Reduced Sulfur Emissions from
Stationary Sources (Impinger Technique)

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
8.5...................................  System performance check......  Ensure validity of sampling train
                                                                         components and analytical procedure.
8.2, 10.0.............................  Sampling equipment leak-check   Ensure accurate measurement of stack gas
                                         and calibration.                flow rate, sample volume.
10.0..................................  Barium standard solution        Ensure precision of normality
                                         standardization.                determination.
11.1..................................  Replicate titrations..........  Ensure precision of titration
                                                                         determinations.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 18--Measurement of Gaseous Organic Compound Emissions by Gas
Chromatography

* * * * *
    <IP_ADDRESS> Procedure. Calibrate the GC using the procedures in
Section <IP_ADDRESS>.2.1. To obtain a stack gas sample, assemble the
sampling system as shown in Figure 18-12. Make sure all connections
are tight. Turn on the probe and sample line heaters. As the
temperature of the probe and heated line approaches the target
temperature as indicated on the thermocouple readout device, control
the heating to maintain a temperature greater than 110 [deg]C.
Conduct a 3-point calibration of the GC by analyzing each gas
mixture in triplicate. Generate a calibration curve. Place the inlet
of the probe at the centroid of the duct, or at a point no closer to
the walls than 1 m, and draw source gas into the probe, heated line,
and sample loop. After thorough flushing, analyze the stack gas
sample using the same conditions as for the calibration gas mixture.
For each run, sample, analyze, and record five consecutive samples.
A test consists of three runs (five samples per run times three
runs, for a total of fifteen samples). After all samples have been
analyzed, repeat the analysis of the mid-level calibration gas for
each compound. For each calibration standard, compare the pre- and
post-test average response factors (RF) for each compound. If the
two calibration RF values (pre- and post-analysis) differ by more
than 5 percent from their mean value, then analyze the other
calibration gas levels for that compound and determine the stack gas
sample concentrations by comparison to both calibration curves (this
is done by preparing a calibration curve using all the pre- and
post-test calibration gas mixture values). If the two calibration RF
values differ by less than 5 percent from their mean value, the
tester has the option of using only the pre-test calibration curve
to generate the concentration values. Record this calibration data
and the other required data on the data sheet shown in Figure 18-11,
deleting the dilution gas information.

    Note:  Take care to draw all samples and calibration mixtures
through the sample loop at the same pressure.

* * * * *
    <IP_ADDRESS>.2 Use a sample probe, if required, to obtain the sample
at the centroid of the duct or at a point no closer to the walls
than

1 m. Minimize the length of flexible tubing between the probe and
adsorption tubes. Several adsorption tubes can be connected in
series, if the extra adsorptive capacity is needed. Adsorption tubes
should be maintained vertically during the test in order to prevent
channeling. Provide the gas sample to the sample system at a
pressure sufficient for the limiting orifice to function as a sonic
orifice. Record the total time and sample flow rate (or the number
of pump strokes), the barometric pressure, and ambient temperature.
Obtain a total sample volume commensurate with the expected
concentration(s) of the volatile organic(s) present and recommended
sample loading factors (weight sample per weight adsorption media).
Laboratory tests prior to actual sampling may be necessary to
predetermine this volume. If water vapor is present in the sample at
concentrations above 2 to 3 percent, the adsorptive capacity may be
severely reduced. Operate the gas chromatograph according to the
manufacturer's instructions. After establishing optimum conditions,
verify and document these conditions during all operations.
Calibrate the instrument and then analyze the emission samples.
* * * * *
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TP16JN09.000

* * * * *
    9. Amend Appendix A-7 to part 60 as follows:
    a. Amend Method 23 by removing Sections 8, 8.1, 8.2, 8.3, and 8.4.
    b. Amend Method 25 as follows:
    i. Remove Sections 7.5, 7.5.1, and 7.5.2.
    ii. Revise Section 9.0.
    iii. Remove Sections 11.3, 11.3.1, 11.3.2, 11.3.3, 11.4, 11.4.1,
11.4.2, 11.4.3, and 11.4.4.
    c. Amend Method 25C as follows:
    i. Remove Sections 7.3, 7.3.1, and 7.3.2.
    ii. Revise Section 9.1.
    iii. Remove Sections 11.2, 11.2.1, 11.2.2, 11.3, 11.3.1, 11.3.2,
11.3.3, and 11.3.4.
    d. Amend Method 25D by removing Sections 7.3, 7.3.1, 7.3.2, 11.3,
11.3.1, 11.3.2, 11.3.3, 11.4, 11.4.1, and 11.4.2.

Appendix A-7 to Part 60--Test Methods 19 through 25E

* * * * *

Method 25--Determination of Total Gaseous Nonmethane Organic Emissions
as Carbon

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.1.1................................  Initial performance check of    Ensure acceptable condensate recovery
                                         condensate recovery apparatus.  efficiency.
10.1.2, 10.2..........................  NMO analyzer initial and daily  Ensure precision of analytical results.
                                         performance checks.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 25C--Determination of Nonmethane Organic Compounds (NMOC) in
Landfill Gases

* * * * *
    9.1 Miscellaneous Quality Control Measures.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
8.4.1.................................  Verify that landfill gas        Ensures that ambient air was not drawn
                                         sample contains less than 20    into the landfill gas sample.
                                         percent N2 or 5 percent O2.
10.1, 10.2............................  NMOC analyzer initial and       Ensures precision of analytical results.
                                         daily performance checks.
----------------------------------------------------------------------------------------------------------------

* * * * *
    10. Amend Appendix A-8 to part 60 as follows:
    a. Amend Method 26 as follows:
    i. Remove Section 7.3.
    ii. Revise Section 9.0.
    iii. Remove Sections 11.2, 11.2.1, 11.2.2, 11.2.3, 11.3, 11.3.1,
11.3.2, 11.3.3, and 11.3.4.
    b. Amend Method 26A as follows:
    i. Remove Section 7.3.
    ii. Revise the first Section 9.1.
    iii. Redesignate the second Section 9.1 as 9.2.
    iv. Remove Sections 11.4, 11.4.1, 11.4.2, 11.4.3, 11.5, 11.5.1,
11.5.2, 11.5.3, and 11.5.4.

Appendix A-8 to Part 60--Test Methods 26 through 29

* * * * *

Method 26--Determination of Hydrogen Halide and Halogen Emissions from
Stationary Sources Non-Isokinetic Method

* * * * *
    9.0 Quality Control. [Reserved.]
* * * * *

Method 26A--Determination of Hydrogen Halide and Halogen Emissions from
Stationary Sources Isokinetic Method

* * * * *
    9.1 Miscellaneous Quality Control Measures.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
8.1.4, 10.1...........................  Sampling equipment leak-check   Ensure accurate measurement of stack gas
                                         and calibration.                flow rate, sample volume.
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

    11. The authority citation for Part 61 continues to read as
follows:

    Authority:  42 U.S.C. 7401, 7412, 7413, 7414, 7416, 7601, and
7602.

    12. Section 61.13 is amended by adding paragraph (e)(1) and adding
and reserving paragraph (e)(2)to read as follows:

Sec.  61.13  Emission tests and waiver of emission tests.

* * * * *
    (e) * * *
    (1) The emissions test shall include an external QA program which
shall include, at a minimum, a test method performance audit (PA)
during the emissions test. The PAs consist of blind audit samples
supplied by an accredited audit sample provider and analyzed during the
emissions test in order to provide a measure of test data bias. The
audit sample must be analyzed by the same analyst using the same
analytical reagents and analytical system as the compliance samples.
Retests are required when there is a failure to produce acceptable
results for an audit sample. However, if the audit results do not
affect the compliance or noncompliance status of the affected facility,
the compliance authority may waive the reanalysis requirement, further
audits, or retests and accept the results of the compliance test. The
compliance authority may also use the audit sample failure and the
compliance test results as evidence to determine the compliance or
noncompliance status of the affected facility. A blind audit sample is
a sample whose value is known only to the sample provider and is not
revealed to the tested facility until after they report the measured
value of the audit sample. For pollutants that exist in the gas phase
at ambient

temperature, the audit sample shall consist of an appropriate
concentration of the pollutant in air or nitrogen that can be
introduced into the sampling system of the test method at the same
entry point as a sample from the emission source. If no gas phase audit
samples are available, an acceptable alternative is a sample of the
pollutant in the same matrix that would be produced when the sample is
recovered from the sampling system as required by the test method. For
samples that exist only in a liquid or solid form at ambient
temperature, the audit sample shall consist of an appropriate
concentration of the pollutant in the same matrix that would be
produced when the sample is recovered from the sampling system as
required by the test method. An accredited audit sample provider (AASP)
is an organization that has been accredited to prepare audit samples by
an independent, third party accrediting body. If there are no audit
samples available from an accredited audit sample provider, proficiency
test (PT) samples supplied by an accredited PT sample provider (APTSP)
may be used as an alternative provided that they are distributed as
blind audit samples as defined in this paragraph. A PT sample is a
sample whose composition is unknown to the laboratory and is provided
to test whether the laboratory can produce results within the specified
acceptance range. The external QA program may also include systems
audits that include the opportunity for on-site evaluation by the
Administrator of instrument calibration, data validation, sample
logging, and documentation of quality control data and field
maintenance activities.
    (i) The source owner, operator, or representative of the tested
facility shall obtain an audit sample, if available, from an AASP or
APTSP for each test method used for regulatory compliance purposes. If
the source owner, operator, or representative cannot find an audit
sample for a specific method, the owner, operator, or representative
shall consult the EPA Web site at the following URL, www.epa.gov/ttn/
emc, to confirm whether there is a source that can supply an audit
sample for that method. If the EPA Web site does not list an available
audit sample at least 60 days prior to the beginning of the compliance
test, the source owner, operator, or representative shall not be
required to include an audit sample as part of the quality assurance
program for the compliance test. When ordering an audit sample the
source owner, operator, or representative shall give the sample
provider an estimate for the concentration of each pollutant that is
emitted by the source and the name, address, and phone number of the
compliance authority. The source owner, operator, or representative
shall report the results for the audit sample along with a summary of
the emission test results for the audited pollutant to the compliance
authority and shall report the results of the audit sample to the AASP
or the APTSP. The source owner, operator, or representative shall make
both reports at the same time and in the same manner or shall report to
the compliance authority first and then report to the AASP or APTSP. If
the method being audited is a method that allows the samples to be
analyzed in the field and the tester plans to analyze the samples in
the field, the tester may analyze the audit samples prior to collecting
the emission samples provided a representative of the compliance
authority is present at the testing site. The source owner, operator,
or representative may report the results of the audit sample to the
compliance authority and then report the results of the audit sample to
the AASP or the APTSP prior to collecting any emission samples. The
test protocol and final test report shall document whether an audit
sample was ordered and utilized and the pass/fail results as
applicable.
    (ii) An AASP or APTSP shall have and shall prepare, analyze, and
report the true value of audit samples in accordance with a written
technical criteria document that describes how audit samples or PT
samples will be prepared and distributed in a manner that will insure
the integrity of the audit sample program. One acceptable APTSP
technical criteria document is Volume 3, ``General Requirements for
Environmental Proficiency Test Providers'' (incorporated by reference--
see Sec.  60.17. An acceptable technical criteria document shall
contain standard operating procedures for all of the following
operations:
    (A) Preparing the sample;
    (B) Confirming the true concentration of the sample;
    (C) Distributing the sample to the user in a manner that guarantees
that the true value of the sample is unknown to the user;
    (D) Recording the measured concentration reported by the user and
determining if the measured value is within acceptable limits;
    (E) The AASP or APTSP shall report the results from each audit
sample to the compliance authority and then to the source owner,
operator, or representative. The AASP or APTSP shall make both reports
at the same time and in the same manner or shall report to the
compliance authority first and then report to the source owner,
operator, or representative. The results shall include the name of the
facility tested, the date on which the compliance test was conducted,
the name of the company performing the sample collection, the name of
the company that analyzed the compliance samples including the audit
sample, the measured result for the audit sample, the true value of the
audit sample, the acceptance range for the measured value, and whether
the testing company passed or failed the audit;
    (F) Evaluating the acceptance limits of samples at least once every
two years to determine in consultation with the voluntary consensus
standard body if they should be changed;
    (G) Maintaining a database, accessible to the compliance
authorities, of results from the audit that shall include the name of
the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection,
the name of the company that analyzed the compliance samples including
the audit sample, the measured result for the audit sample, the true
value of the audit sample, the acceptance range for the measured value,
and whether the testing company passed or failed the audit.
    (iii) The accrediting body shall have a written technical criteria
document that describes how it will insure that the AASP or APTSP is
operating in accordance with the AASP or APTSP technical criteria
document that describes how audit or PT samples are to be prepared and
distributed. This document shall contain standard operating procedures
for all of the following operations:
    (A) Checking audit samples to confirm their true value as reported
by the AASP.
    (B) Performing technical systems audits of the AASP's facilities
and operating procedures at least once every two years.
    (C) Providing standards for use by the voluntary consensus standard
body to approve the accrediting body that will accredit the audit
sample providers.
    (iv) The technical criteria documents for the accredited sample
providers and the accrediting body shall be developed through a public
process guided by a voluntary consensus standards body (VCSB). The VCSB
shall operate in accordance with the procedures and requirements in the
Office of Management and Budget Circular A-119. The VCSB shall approve
all accrediting bodies. The Administrator will review all technical
criteria documents. If the technical criteria

documents do not meet the minimum technical requirements in paragraphs
(e)(1)(ii) through (iv) of this section, the technical criteria
documents are not acceptable and the proposed audit sample program is
not capable of producing audit samples of sufficient quality to be used
in a compliance test. All acceptable technical criteria documents are
incorporated by reference in 40 CFR 60.17.
    (2) [Reserved]
* * * * *

Appendix B--[Amended]

    13. Amend Appendix B to part 61 as follows:
    a. In Method 104 revise Section 9.0.
    b. In Method 106 as follows:
    i. Remove Sections 7.2.4, <IP_ADDRESS>, and <IP_ADDRESS>.
    ii. Revise Section 9.0.
    iii. Remove Sections 9.1, 9.2, and 11.1.
    c. In Method 108 as follows:
    i. Remove Section 7.3.16.
    ii. Revise Section 9.1.
    iii. Remove Sections 11.6, 11.6.1, 11.6.2, 11.6.3, 11.7, 11.7.1,
11.7.2, 11.7.3, and 11.7.4.
    iv. Revise Section 12.1.
    d. In Method 108A as follows:
    i. Remove Section 7.2.1.
    ii. Revise Section 9.0.
    iii. Remove Sections 11.6, 11.6.1, 11.6.2, 11.6.3, 11.7, 11.7.1,
11.7.2, 11.7.3, and 11.7.4.
    e. In Method 108B as follows:
    i. Remove Section 7.2.5.
    ii. Revise Section 9.0.
    iii. Remove Section 11.5.
    f. In Method 108C as follows:
    i. Remove Section 7.2.10.
    ii. Revise Section 9.0.
    iii. Remove Section 11.3.
    g. In Method 111 as follows:
    i. Revise Section 9.2.
    ii. Revise Section 11.0.
    iii. Remove Section 11.3.

Appendix B to Part 61--Test Methods

* * * * *

Method 104--Determination of Beryllium Emissions from Stationary
Sources

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
8.4, 10.1.............................  Sampling equipment leak checks  Ensure accuracy and precision of
                                         and calibration.                sampling measurements.
10.2..................................  Spectrophotometer calibration.  Ensure linearity of spectrophotometer
                                                                         response to standards.
11.5..................................  Check for matrix effects......  Eliminate matrix effects.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 106--Determination of Vinyl Chloride Emissions from Stationary
Sources

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.3..................................  Chromatograph calibration.....  Ensure precision and accuracy of
                                                                         chromatograph.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 108--Determination of Particulate and Gaseous Arsenic Emissions

* * * * *
    9.0 Quality Control.
    9.1 Miscellaneous Quality Control Measures.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
8.4, 10.1.............................  Sampling equipment leak-checks  Ensures accuracy and precision of
                                         and calibration.                sampling measurements.
10.4..................................  Spectrophotometer calibration.  Ensures linearity of spectrophotometer
                                                                         response to standards.
11.5..................................  Check for matrix effects......  Eliminates matrix effects.
----------------------------------------------------------------------------------------------------------------

* * * * *
    12.1 Nomenclature.
Bws = Water in the gas stream, proportion by volume.
Ca = Concentration of arsenic as read from the standard
curve, [mu]g/ml.
Cs = Arsenic concentration in stack gas, dry basis,
converted to standard conditions, g/dsm\3\ (gr/dscf).
Ea = Arsenic mass emission rate, g/hr (lb/hr).
Fd = Dilution factor (equals 1 if the sample has not been
diluted).
I = Percent of isokinetic sampling.
mbi = Total mass of all four impingers and contents
before sampling, g.
mfi = Total mass of all four impingers and contents after
sampling, g.
mn = Total mass of arsenic collected in a specific part
of the sampling train, [mu]g.
mt = Total mass of arsenic collected in the sampling
train, [mu]g.
Tm = Absolute average dry gas meter temperature (see
Figure 108-2), [deg]K ([deg]R).
Vm = Volume of gas sample as measured by the dry gas
meter, dry basis, m\3\ (ft\3\).
Vm(std) = Volume of gas sample as measured by the dry gas
meter, corrected to standard conditions, m\3\ (ft\3\).
Vn = Volume of solution in which the arsenic is
contained, ml.
Vw(std) = Volume of water vapor collected in the sampling
train, corrected to standard conditions, m\3\ (ft\3\).
[Delta]H = Average pressure differential across the orifice meter
(see Figure 108-2), mm H2O (in. H2O).
* * * * *

Method 108A--Determination of Arsenic Content in Ore Samples from
Nonferrous Smelters

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.2..................................  Spectrophotometer calibration.  Ensure linearity of spectrophotometer
                                                                         response to standards.
11.5..................................  Check for matrix effects......  Eliminate matrix effects.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 108B--Determination of Arsenic Content in Ore Samples from
Nonferrous Smelters

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.2..................................  Spectrophotometer calibration.  Ensure linearity of spectrophotometer
                                                                         response to standards.
11.4..................................  Check for matrix effects......  Eliminate matrix effects.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 108C--Determination of Arsenic Content in Ore Samples from
Nonferrous Smelters (Molybdenum Blue Photometric Procedure)

* * * * *
    9.0 Quality Control.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.2..................................  Calibration curve preparation.  Ensure linearity of spectrophotometric
                                                                         response to standards.
----------------------------------------------------------------------------------------------------------------

* * * * *

Method 111--Determination of Polonium-210 Emissions from Stationary
Sources

* * * * *
    9.2 Miscellaneous Quality Control Measures.

----------------------------------------------------------------------------------------------------------------
                Section                     Quality control measure                      Effect
----------------------------------------------------------------------------------------------------------------
10.1..................................  Standardization of alpha        Ensure precision of sample analyses.
                                         spectrometry system.
10.3..................................  Standardization of internal     Ensure precise sizing of sample aliquot.
                                         proportional counter.
11.1, 11.2............................  Determination of procedure      Minimize background effects.
                                         background and instrument
                                         background.
----------------------------------------------------------------------------------------------------------------

* * * * *
    11.0 Analytical Procedure.

    Note:  Perform duplicate analyses of all samples, including
background counts and Method 5 samples. Duplicate measurements are
considered acceptable when the difference between them is less than
two standard deviations as described in EPA 600/4-77-001 or
subsequent revisions.

* * * * *

PART 63--NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

    14. The authority citation for part 63 continues to read as
follows:

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

    15. Section 63.7 is amended by revising (c)(2)(iii) to read as
follows:

Sec.  63.7  Performance testing requirements.

* * * * *
    (c) * * *
    (2) * * *
    (iii) The external QA program shall include, at a minimum, a test
method performance audit (PA) during the performance test. The PAs
consist of blind audit samples supplied by an accredited audit sample
provider and analyzed during the performance test in order to provide a
measure of test data bias. The audit sample must be analyzed by the
same analyst using the same analytical reagents and analytical system
as the compliance samples. Retests are required when there is a failure
to produce acceptable results for an audit sample. However, if the
audit results do not affect the compliance or noncompliance status of
the affected facility, the compliance authority may waive the
reanalysis requirement, further audits, or retests and accept the
results of the compliance test. The compliance authority may also use
the audit sample failure and the compliance test results as evidence to
determine the compliance or noncompliance status of the affected
facility. A blind audit sample is a sample whose value is known only to
the sample provider and is not revealed to the tested facility until
after they report the measured value of the audit sample. For
pollutants that exist in the gas phase at ambient temperature, the
audit sample shall consist of an appropriate concentration of the
pollutant in air or nitrogen that can be introduced into the sampling
system of the test method at the same entry point as a sample from the
emission source. If no gas phase audit samples are available, an
acceptable alternative is a sample of the pollutant in the same matrix
that would be produced when the sample is recovered from the sampling
system as required by the test method. For samples that exist only in a
liquid or solid form at ambient temperature, the audit sample shall
consist of an appropriate concentration of the pollutant in the same
matrix that would be produced when the sample is recovered from the
sampling system as required by the test method. An accredited audit
sample provider (AASP) is an organization that has been accredited to
prepare audit samples by an independent, third party accrediting body.
If there are no audit samples available from an accredited audit sample
provider, proficiency test (PT) samples supplied by an accredited PT
sample provider (APTSP) may be used as an alternative provided that
they are distributed as blind audit samples as defined in this
paragraph. A proficiency test sample is a sample whose composition is
unknown to the laboratory and is provided to test whether the
laboratory can produce results within the specified acceptance range.
The external QA program may also include systems audits that include
the opportunity for on-site evaluation by the Administrator of
instrument calibration, data validation, sample logging, and
documentation of quality control data and field maintenance activities.
    (A) The source owner, operator, or representative of the tested
facility shall obtain an audit sample, if available,

from an AASP or APTSP for each test method used for regulatory
compliance purposes. If the source owner, operator, or representative
cannot find an audit sample for a specific method, the owner, operator,
or representative shall consult the EPA Web site at the following URL,
www.epa.gov/ttn/emc, to confirm whether there is a source that can
supply an audit sample for that method. If the EPA Web site does not
list an available audit sample at least 60 days prior to the beginning
of the compliance test, the source owner, operator, or representative
shall not be required to include an audit sample as part of the quality
assurance program for the compliance test. When ordering an audit
sample the source owner, operator, or representative shall give the
sample provider an estimate for the concentration of each pollutant
that is emitted by the source and the name, address, and phone number
of the compliance authority. The source owner, operator, or
representative shall report the results for the audit sample along with
a summary of the emission test results for the audited pollutant to the
compliance authority and shall report the results of the audit sample
to the AASP or the APTSP. The source owner, operator, or representative
shall make both reports at the same time and in the same manner or
shall report to the compliance authority first and then report to the
AASP or APTSP. If the method being audited is a method that allows the
samples to be analyzed in the field and the tester plans to analyze the
samples in the field, the tester may analyze the audit samples prior to
collecting the emission samples provided a representative of the
compliance authority is present at the testing site. The source owner,
operator, or representative may report the results of the audit sample
to the compliance authority and then report the results of the audit
sample to the AASP or the APTSP prior to collecting any emission
samples. The test protocol and final test report shall document whether
an audit sample was ordered and utilized and the pass/fail results as
applicable.
    (B) An AASP or APTSP shall have and shall prepare, analyze, and
report the true value of audit samples in accordance with a written
technical criteria document that describes how audit samples or PT
samples will be prepared and distributed in a manner that will insure
the integrity of the audit sample program. One acceptable APTSP
technical criteria document is Volume 3, ``General Requirements for
Environmental Proficiency Test Providers'' (incorporated by reference--
see Sec.  60.17. An acceptable technical criteria document shall
contain standard operating procedures for all of the following
operations:
    (1) Preparing the sample;
    (2) Confirming the true concentration of the sample;
    (3) Distributing the sample to the user in a manner that guarantees
that the true value of the sample is unknown to the user;
    (4) Recording the measured concentration reported by the user and
determining if the measured value is within acceptable limits;
    (5)(i) The AASP or APTSP shall report the results from each audit
sample to the compliance authority and then to the source owner,
operator, or representative. The AASP or APTSP shall make both reports
at the same time and in the same manner or shall report to the
compliance authority first and then report to the source owner,
operator, or representative. The results shall include the name of the
facility tested, the date on which the compliance test was conducted,
the name of the company performing the sample collection, the name of
the company that analyzed the compliance samples including the audit
sample, the measured result for the audit sample, the true value of the
audit sample, the acceptance range for the measured value, and whether
the testing company passed or failed the audit.
    (ii) If the compliance authority does not report the results of the
audit to the tested facility within five business days, the AASP or
APTSP as appropriate must report the pass-fail results to the tested
facility.
    (6) Evaluating the acceptance limits of samples at least once every
two years to determine in consultation with the voluntary consensus
standard body if they should be changed.
    (7) Maintaining a database, accessible to the compliance
authorities, of results from the audit that shall include the name of
the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection,
the name of the company that analyzed the compliance samples including
the audit sample, the measured result for the audit sample, the true
value of the audit sample, the acceptance range for the measured value,
and whether the testing company passed or failed the audit.
    (C) The accrediting body shall have a written technical criteria
document that describes how it will insure that the AASP or APTSP is
operating in accordance with the AASP or APTSP technical criteria
document that describes how audit or PT samples are to be prepared and
distributed. This document shall contain standard operating procedures
for all of the following operations:
    (1) Checking audit samples to confirm their true value as reported
by the AASP.
    (2) Performing technical systems audits of the AASP's facilities
and operating procedures at least once every two years.
    (3) Providing standards for use by the voluntary consensus standard
body to approve the accrediting body that will accredit the audit
sample providers.
    (D) The technical criteria documents for the accredited sample
providers and the accrediting body shall be developed through a public
process guided by a voluntary consensus standards body (VCSB). The VCSB
shall operate in accordance with the procedures and requirements in the
Office of Management and Budget Circular A-119. The VCSB shall approve
all accrediting bodies. The Administrator will review all technical
criteria documents. If the technical criteria documents do not meet the
minimum technical requirements in paragraphs (c)(2)(iii)(B) through (C)
of this section, the technical criteria documents are not acceptable
and the proposed audit sample program is not capable of producing audit
samples of sufficient quality to be used in a compliance test. All
acceptable technical criteria documents are incorporated by reference
in 40 CFR 60.17.
* * * * *

Appendix A--[Amended]

    16. Amend Appendix A to Part 63 as follows:
    a. In Method 306 by removing Sections 7.5, 7.5.1, 7.5.2, 9.1.8,
<IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, 9.1.9, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
9.2.8, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, 9.2.9, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>, 9.3.6, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>, 9.3.7, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>, and <IP_ADDRESS>.
    b. In Method 306A by removing Sections 7.5, 7.5.1, and 7.5.2.
    c. In Method 308 by removing Sections 9.2, 9.3, 9.4, and 9.5.

[FR Doc. E9-13726 Filed 6-15-09; 8:45 am]

BILLING CODE 6560-50-P