[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Rules and Regulations]
[Pages 28439-28444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11226]



[[Page 28439]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2010-0873; FRL-9909-98-OAR]
RIN 2060-AH23


Quality Assurance Requirements for Continuous Opacity Monitoring 
Systems at Stationary Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates quality assurance and quality control 
(QA/QC) procedures (referred to as Procedure 3) for continuous opacity 
monitoring systems (COMS) used to demonstrate continuous compliance 
with opacity standards specified in new source performance standards 
(NSPS) issued by the EPA pursuant to section 111(b) of the Clean Air 
Act (CAA), Standards of Performance for New Stationary Sources.

DATES: This final rule is effective on November 12, 2014.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2010-0873. All documents in the docket are 
listed in the www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically at www.regulations.gov or in hard copy at the Air 
Docket, EPA/DC, William J. Clinton West Building, Room 3334, 1301 
Constitution Ave. NW., Washington, DC. The Docket Facility and Public 
Reading Room are open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Air 
Docket is (202) 566-1742, and the telephone number for the Public 
Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT:  Ms. Lula H. Melton, U.S. EPA, Office 
of Air Quality Planning and Standards, Air Quality Assessment Division, 
Measurement Technology Group (Mail Code: E143-02), Research Triangle 
Park, NC 27711; telephone number: (919) 541-2910; fax number: (919) 
541-0516; email address: melton.lula@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. Where can I obtain a copy of this action?
    C. Judicial Review
II. Background
III. Summary of Procedure 3
IV. Public Comments on Proposed Procedure 3
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory 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 Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    Procedure 3 applies to COMS used to demonstrate continuous 
compliance with opacity standards specified in NSPS promulgated by the 
EPA pursuant to section 111(b) of the CAA, 42 U.S.C. 7411(b).

B. Where can I obtain a copy of this action?

    In addition to being available in the docket, an electronic copy of 
this rule will also be available on the Worldwide Web (www) through the 
Technology Transfer Network (TTN). Following the Administrator's 
signature, a copy of the final rule will be placed on the TTN's policy 
and guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control. A redline strikeout 
document that compares this final rule to the proposed rule has also 
been added to the docket.

C. Judicial Review

    Under section 307(b)(1) of the CAA, judicial review of this final 
rule is available by filing a petition for review in the United States 
Court of Appeals for the District of Columbia Circuit by July 15, 2014. 
Under section 307(d)(7)(B) of the CAA, only an objection to this final 
rule that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements that are the subject of 
this final rule may not be challenged later in civil or criminal 
proceedings brought by the EPA to enforce these requirements.

II. Background

    Procedure 3 results in national consistency in the application of 
QA/QC procedures by applicable sources using COMS. We published a 
direct final rule and a parallel proposed rule for Procedure 3 in the 
Federal Register on February 14, 2012. The public comment period was 
originally scheduled to end on March 15, 2012, but was extended to 
April 30, 2012, at the request of several commenters. On March 28, 
2012, the EPA withdrew the direct final rule based on the receipt of 
adverse comments on the parallel proposed rule.

III. Summary of Procedure 3

    This final rule codifies Procedure 3 in 40 CFR part 60, Appendix F. 
Procedure 3 establishes requirements for daily instrument zero and 
upscale drift checks, daily status indicator checks, quarterly 
performance audits, and annual zero alignments, and requires source 
owners and operators to have a corrective action in place for 
malfunctioning COMS. In addition, Performance Specification 1 (which is 
the initial certification for COMS) provides requirements for the 
design, performance, and installation of a COMS and data computation 
procedures for evaluating the acceptability of a COMS. The requirements 
in Procedure 3 are modeled after manufacturers' maintenance 
recommendations. As a result, the EPA believes that most, if not all, 
owners/operators are already following procedures similar to those 
specified in Procedure 3. Therefore, there are no additional costs, or 
reporting burden, associated with implementing Procedure 3.

IV. Public Comments on Proposed Procedure 3

    The EPA received 27 comments from state agencies, industry, and 
non-profit organizations. Nine commenters noted support for Procedure 
3. Several commenters requested clarity with regard to applicability, 
so the

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applicability statement is revised to indicate that Procedure 3 applies 
to COMS used to demonstrate continuous compliance with opacity 
standards in NSPS's only. More than half of the commenters stated that 
the 60-day compliance deadline is not enough time in cases where 
training is necessary or QA/QC plans need to be developed. In response, 
the EPA has extended the deadline to 180 days. Several commenters asked 
that we clarify the temporal definitions for the daily, quarterly, and 
annual audits because some units do not operate 24 hours a day, 7 days 
a week. In response, the temporal definitions are revised. Several 
commenters noted that a fault status indicator does not necessarily 
mean that data are invalid. The EPA agrees that a status indicator is a 
warning that opacity readings are nearing the limit and that the data 
are not necessarily invalid, so language that indicated the data would 
be considered invalid has been removed. Several commenters requested 
that we delete the requirement to remove the COMS to conduct zero 
alignment audits claiming that removing the COMS from the stack exposes 
it to potential damage and presents a safety hazard. However, the EPA 
believes that the zero alignment audit needs to be done off-stack 
annually unless a source owner or operator chooses the alternative that 
allows the installation of an external zero device that allows COMS 
removal from the stack every three years. Also, based on conversations 
with manufacturers, the EPA believes that the risks for damage when 
removing the COMS from the stack are minimal. Therefore, the 
requirement to remove the COMS to conduct zero alignment audits is 
finalized as proposed.
    Individual comments, as well as the EPA's summary and response to 
the public comments, are available for public viewing in the docket 
under Docket ID No. EPA-HQ-OAR-2010-0873.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). The requirements in applicable 
regulations are broad enough to include the information collection 
requirements specified in Procedure 3. In addition, the requirements in 
Procedure 3 are modeled after manufacturers' maintenance 
recommendations. As a result, the EPA believes that most, if not all, 
owners/operators are already following procedures similar to those 
specified in Procedure 3. Therefore, there are no additional costs, or 
reporting burden, associated with implementing Procedure 3.

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 accessing 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 rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will not impose any additional requirements on small entities. 
This action establishes quality assurance/quality control procedures 
for continuous opacity monitoring systems used for compliance purposes.

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. 
Rules establishing quality assurance requirements impose no costs 
independent from national emission standards which require their use, 
and such costs are fully reflected in the regulatory impact assessment 
for those emission standards. 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.

E. Executive Order 13132: Federalism

    This action 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. This action establishes quality 
assurance procedures for continuous opacity monitoring systems used to 
demonstrate continuous compliance with opacity standards as specified 
in new source performance standards (NSPS) promulgated by EPA pursuant 
to section 111(b) of the Clean Air Act, 42 U.S.C. 7411(b). It does not 
add any emission limits and does not affect pollutant emissions or air 
quality. Thus, Executive Order 13132 does not apply to this action.

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). This action 
establishes quality assurance procedures for continuous opacity 
monitoring systems. It does not add any emission limits and does not 
affect pollutant emissions or air quality. Thus, Executive Order 13175 
does not apply to this action.

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

    The 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.

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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 104-113, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs the EPA to 
provide Congress, through OMB, explanations when the agency decides not 
to use available and applicable voluntary consensus standards.
    This rulemaking involves technical standards. Therefore, the agency 
conducted a search to identify potentially applicable voluntary 
consensus standards. However we identified no such standards except 
ASTM D6216-12, and none were brought to our attention in comments. 
Therefore, the EPA has decided to use ASTM D6216-12.

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

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

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective November 12, 2014.

List of Subjects in 40 CFR Part 60

    Air pollution control, Environmental protection, Continuous opacity 
monitoring.

    Dated: May 9, 2014.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

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

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


0
2. Appendix F of part 60 is amended by adding Procedure 3 to read as 
follows:

Appendix F to Part 60--Quality Assurance Procedures

* * * * *

Procedure 3--Quality Assurance Requirements for Continuous Opacity 
Monitoring Systems at Stationary Sources

1.0 What are the purpose and applicability of Procedure 3?

    The purpose of Procedure 3 is to establish quality assurance and 
quality control (QA/QC) procedures for continuous opacity monitoring 
systems (COMS). Procedure 3 applies to COMS used to demonstrate 
continuous compliance with opacity standards specified in new source 
performance standards (NSPS) promulgated by EPA pursuant to section 
111(b) of the Clean Air Act, 42 U.S.C. 7411(b)--Standards of 
Performance for New Stationary Sources.
    1.1 What are the data quality objectives of Procedure 3? The 
overall data quality objective (DQO) of Procedure 3 is the 
generation of valid and representative opacity data. Procedure 3 
specifies the minimum requirements for controlling and assessing the 
quality of COMS data submitted to us or the delegated regulatory 
agency. Procedure 3 requires you to perform periodic evaluations of 
a COMS performance and to develop and implement QA/QC programs to 
ensure that COMS data quality is maintained.
    1.2 What is the intent of the QA/QC procedures specified in 
Procedure 3? Procedure 3 is intended to establish the minimum QA/QC 
requirements to verify and maintain an acceptable level of quality 
of the data produced by COMS. It is presented in general terms to 
allow you to develop a program that is most effective for your 
circumstances.
    1.3 When must I comply with Procedure 3? You must comply with 
Procedure 3 no later than November 12, 2014.

2.0 What are the basic functions of Procedure 3?

    The basic functions of Procedure 3 are assessment of the quality 
of your COMS data and control and improvement of the quality of the 
data by implementing QC requirements and corrective actions. 
Procedure 3 provides requirements for:
    (1) Daily instrument zero and upscale drift checks and status 
indicators checks;
    (2) Quarterly performance audits which include the following 
assessments:
    (i) Optical alignment,
    (ii) Calibration error, and
    (iii) Zero compensation.

Sources that achieve quality assured data for four consecutive 
quarters may reduce their auditing frequency to semi-annual. If a 
performance audit is failed, the source must resume quarterly 
testing for that audit requirement until it again demonstrates 
successful performance over four consecutive quarters.
    (3) Annual zero alignment.

3.0 What special definitions apply to Procedure 3?

    The definitions in Procedure 3 include those provided in 
Performance Specification 1 (PS-1) of Appendix B of this part and 
ASTM D6216-12 and the following additional definitions.
    3.1 Out-of-control periods. Out-of-control periods mean that one 
or more COMS parameters falls outside of the acceptable limits 
established by this rule.
    (1) Daily Assessments. Whenever the calibration drift (CD) 
exceeds twice the specification of PS-1, the COMS is out-of-control. 
The beginning of the out-of-control period is the time corresponding 
to the completion of the daily calibration drift check. The end of 
the out-of-control period is the time corresponding to the 
completion of appropriate adjustment and subsequent successful CD 
assessment.
    (2) Quarterly and Annual Assessments. Whenever an annual zero 
alignment or quarterly performance audit fails to meet the

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criteria established in paragraphs (2) and (3) of section 10.4, the 
COMS is out-of-control. The beginning of the out-of-control period 
is the time corresponding to the completion of the performance audit 
indicating the failure to meet these established criteria. The end 
of the out-of-control period is the time corresponding to the 
completion of appropriate corrective actions and the subsequent 
successful audit (or, if applicable, partial audit).

4.0 What interferences must I avoid?

    Opacity cannot be measured accurately in the presence of 
condensed water vapor. Thus, COMS opacity compliance determinations 
cannot be made when condensed water vapor is present, such as 
downstream of a wet scrubber without a reheater or at other 
saturated flue gas locations. Therefore, COMS must be located where 
condensed water vapor is not present.

5.0 What do I need to know to ensure the safety of persons using 
Procedure 3?

    Those implementing Procedure 3 may be exposed to hazardous 
materials, operations and equipment. Procedure 3 does not purport to 
address all of the safety issues associated with its use. It is your 
responsibility to establish appropriate health and safety practices 
and determine the applicable regulatory limitations before 
performing this procedure. You should consult the COMS user's manual 
for specific precautions to take.

6.0 What equipment and supplies do I need?

    The equipment and supplies that you need are specified in PS-1. 
You are not required to purchase a new COMS if your existing COMS 
meets the requirements specified in Procedure 3.

7.0 What reagents and standards do I need?

    The reagents and standards that you need are specified in PS-1. 
You are not required to purchase a new COMS if your existing COMS 
meets the requirements specified in Procedure 3.

8.0 What sample collection, preservation, storage, and transport 
are relevant to this procedure? [Reserved]

9.0 What quality control measures are required by this procedure 
for my COMS?

    You must develop and implement a QC program for your COMS. Your 
QC program must, at a minimum, include written procedures which 
describe in detail complete step-by-step procedures and operations 
for the activities in paragraphs (1) through (4):
    (1) Procedures for performing drift checks, including both zero 
and upscale drift and the status indicators check,
    (2) Procedures for performing quarterly performance audits,
    (3) A means of checking the zero alignment of the COMS, and
    (4) A program of corrective action for a malfunctioning COMS. 
The corrective action must include, at a minimum, the requirements 
specified in section 10.5.
    9.1 What QA/QC documentation must I have? You are required to 
keep the QA/QC written procedures required in section 9.0 on site 
and available for inspection by us, the state, and/or local 
enforcement agencies.
    9.2 What actions must I take if I fail QC audits? If you fail 
two consecutive annual audits, two consecutive quarterly audits, or 
five consecutive daily checks, you must either revise your QC 
procedures or determine if your COMS is malfunctioning. If you 
determine that your COMS is malfunctioning, you must take the 
necessary corrective action as specified in section 10.5. If you 
determine that your COMS requires extensive repairs, you may use a 
substitute COMS provided the substitute meets the requirements in 
section 10.6.

10.0 What calibration and standardization procedures must I perform 
for my COMS?

    (1) You must perform daily system checks to ensure proper 
operation of system electronics and optics, light and radiation 
sources and detectors, electric or electro-mechanical systems, and 
general stability of the system calibration. Daily is defined as any 
portion of a calendar day in which a unit operates.
    (2) You must subject your COMS to a performance audit to include 
checks of the individual COMS components and factors affecting the 
accuracy of the monitoring data at least once per QA operating 
quarter. A QA operating quarter is a calendar quarter in which a 
unit operates at least 168 hours.
    (3) At least annually, you must perform a zero alignment by 
comparing the COMS simulated zero to the actual clear path zero. 
Annually is defined as a period wherein the unit is operating at 
least 28 days in a calendar year. The simulated zero device produces 
a simulated clear path condition or low-level opacity condition, 
where the energy reaching the detector is between 90 and 110 percent 
of the energy reaching the detector under actual clear path 
conditions.
    10.1 What daily system checks must I perform on my COMS? The 
specific components required to undergo daily system checks will 
depend on the design details of your COMS. At a minimum, you must 
verify the system operating parameters listed in paragraphs (1) 
through (3) of this section. Some COMS may perform one or more of 
these functions automatically or as an integral portion of unit 
operations; other COMS may perform one or more of these functions 
manually.
    (1) You must check the zero drift to ensure stability of your 
COMS response to the simulated zero device. The simulated zero 
device, an automated mechanism within the transmissometer that 
produces a simulated clear path condition or low-level opacity 
condition, is used to check the zero drift. You must, at a minimum, 
take corrective action on your COMS whenever the daily zero drift 
exceeds twice the applicable drift specification in section 13.3(6) 
of PS-1.
    (2) You must check the upscale drift to ensure stability of your 
COMS response to the upscale drift value. The upscale calibration 
device, an automated mechanism (employing an attenuator or reduced 
reflectance device) within the transmissometer that produces an 
upscale opacity value is used to check the upscale drift. You must, 
at a minimum, take corrective action on your COMS whenever the daily 
upscale drift check exceeds twice the applicable drift specification 
in section 13.3(6) of PS-1.
    (3) You must, at a minimum, check the status indicators, data 
acquisition system error messages, and other system self-diagnostic 
indicators. You must take appropriate corrective action based on the 
manufacturer's recommendations when the COMS is operating outside 
preset limits.
    10.2 What are the quarterly auditing requirements for my COMS? 
At a minimum, the parameters listed in paragraphs (1) through (3) of 
this section must be included in the performance audit conducted on 
a quarterly basis as defined in section 10.0(2).
    (1) For units with automatic zero compensation, you must 
determine the zero compensation for the COMS. The value of the zero 
compensation applied at the time of the audit must be calculated as 
equivalent opacity and corrected to stack exit conditions according 
to the procedures specified by the manufacturer. The compensation 
applied to the effluent by the monitor system must be recorded.
    (2) You must conduct a three-point calibration error test of the 
COMS. Three calibration attenuators, either primary or secondary 
must meet the requirements of PS-1, with one exception. Instead of 
recalibrating the attenuators semi-annually, they must be 
recalibrated annually. If two annual calibrations agree within 0.5 
percent opacity, the attenuators may then be calibrated once every 
five years. The three attenuators must be placed in the COMS light 
beam path for at least three nonconsecutive readings. All monitor 
responses must then be independently recorded from the COMS 
permanent data recorder. Additional guidance for conducting this 
test is included in section 8.1(3)(ii) of PS-1. The low-, mid-, and 
high-range calibration error results must be computed as the mean 
difference and 95 percent confidence interval for the difference 
between the expected and actual responses of the monitor as 
corrected to stack exit conditions. The equations necessary to 
perform the calculations are found in section 12.0 of PS-1. For the 
calibration error test method, you must use the external audit 
device. When the external audit device is installed, with no 
calibration attenuator inserted, the COMS measurement reading must 
be less than or equal to one percent opacity. You must also document 
procedures for properly handling and storing the external audit 
device and calibration attenuators within your written QC program.
    (3) You must check the optical alignment of the COMS in 
accordance with the instrument manufacturer's recommendations. If 
the optical alignment varies with stack temperature, perform the 
optical alignment test when the unit is operating.
    10.3 What are the annual auditing requirements for my COMS?
    (1) You must perform the primary zero alignment method under 
clear path conditions. The COMS must be removed from its 
installation and set up under clear path conditions. There must be 
no adjustments to the monitor other than the

[[Page 28443]]

establishment of the proper monitor path length and correct optical 
alignment of the COMS components. You must record the COMS response 
to a clear condition and to the COMS's simulated zero condition as 
percent opacity corrected to stack exit conditions. For a COMS with 
automatic zero compensation, you must disconnect or disable the zero 
compensation mechanism or record the amount of correction applied to 
the COMS's simulated zero condition. The response difference in 
percent opacity to the clear path and simulated zero conditions must 
be recorded as the zero alignment error. You must adjust the COMS's 
simulated zero device to provide the same response as the clear path 
condition as specified in paragraph (3) of section 10.0.
    (2) As an alternative, monitors capable of allowing the 
installation of an external zero device may use the device for the 
zero alignment provided that: (1) The external zero device setting 
has been established for the monitor path length and recorded for 
the specific COMS by comparison of the COMS responses to the 
installed external zero device and to the clear path condition, and 
(2) the external zero device is demonstrated to be capable of 
producing a consistent zero response when it is repeatedly (i.e., 
three consecutive installations and removals prior to conducting the 
final zero alignment check) installed on the COMS. This can be 
demonstrated by either the manufacturer's certificate of conformance 
(MCOC) or actual on-site performance. The external zero device 
setting must be permanently set at the time of initial zeroing to 
the clear path zero value and protected when not in use to ensure 
that the setting equivalent to zero opacity does not change. The 
external zero device response must be checked and recorded prior to 
initiating the zero alignment. If the external zero device setting 
has changed, you must remove the COMS from the stack in order to 
reset the external zero device. If you employ an external zero 
device, you must perform the zero alignment audits with the COMS off 
the stack at least every three years. If the external zero device is 
adjusted within the three-year period, you must perform the zero 
alignment with the COMS off the stack no later than three years from 
the date of adjustment.
    (3) The procedure in section 6.8 of ASTM D6216-12 is allowed.
    10.4 What are my limits for excessive audit inaccuracy? Unless 
specified otherwise in the applicable subpart, the criteria for 
excessive inaccuracy are listed in paragraphs (1) through (4).
    (1) What is the criterion for excessive zero or upscale drift? 
Your COMS is out-of-control if either the zero drift check or 
upscale drift check exceeds twice the applicable drift specification 
in PS-1 for any one day.
    (2) What is the criterion for excessive zero alignment? Your 
COMS is out-of-control if the zero alignment error exceeds 2 percent 
opacity.
    (3) What is the criterion to pass the quarterly performance 
audit? Your COMS is out-of-control if the results of a quarterly 
performance audit indicate noncompliance with the following 
criteria:
    (i) The optical alignment indicator does not show proper 
alignment (i.e., does not fall within a specific reference mark or 
condition).
    (ii) The zero compensation exceeds 4 percent opacity, or
    (iii) The calibration error exceeds 3 percent opacity.
    (4) What is the criterion for data capture? You must adhere to 
the data capture criterion specified in the applicable subpart.
    10.5 What corrective action must I take if my COMS is 
malfunctioning? You must have a corrective action program in place 
to address the repair and/or maintenance of your COMS. The 
corrective action program must address routine/preventative 
maintenance and various types of analyzer repairs. The corrective 
action program must establish what diagnostic testing must be 
performed after each type of activity to ensure that the COMS is 
collecting valid, quality-assured data. Recommended maintenance and 
repair procedures and diagnostic testing after repairs may be found 
in an associated guidance document.
    10.6 What requirements must I meet if I use a temporary opacity 
monitor?
    (1) In the event that your certified opacity monitor has to be 
removed for extended service, you may install a temporary 
replacement monitor to obtain required opacity emissions data 
provided that:
    (i) The temporary monitor has been certified according to ASTM 
D6216-12 for which a MCOC has been provided;
    (ii) The use of the temporary monitor does not exceed 1080 hours 
(45 days) of operation per year as a replacement for a fully 
certified opacity monitor. After that time, the analyzer must 
complete a full certification according to PS-1 prior to further use 
as a temporary replacement monitor. Once a temporary replacement 
monitor has been installed and required testing and adjustments have 
been successfully completed, it cannot be replaced by another 
temporary replacement monitor to avoid the full PS-1 certification 
testing required after 1080 hours (45 days) of use;
    (iii) The temporary monitor has been installed and successfully 
completed an optical alignment assessment and status indicator 
assessment;
    (iv) The temporary monitor has successfully completed an off-
stack clear path zero assessment and zero calibration value 
adjustment procedure;
    (v) The temporary monitor has successfully completed an 
abbreviated zero and upscale drift check consisting of seven zero 
and upscale calibration value drift checks which may be conducted 
within a 24-hour period with not more than one calibration drift 
check every three hours and not less than one calibration drift 
check every 25 hours. Calculated zero and upscale drift requirements 
are the same as specified for the normal PS-1 certification;
    (vi) The temporary monitor has successfully completed a three-
point calibration error test;
    (vii) The upscale reference calibration check value of the new 
monitor has been updated in the associated data recording equipment;
    (viii) The overall calibration of the monitor and data recording 
equipment has been verified; and
    (ix) The user has documented all of the above in the maintenance 
log.
    (2) Data generated by the temporary monitor is considered valid 
when paragraphs (i) through (ix) in this section have been met.
    10.7 When do out-of-control periods begin and end? The out-of-
control periods are as specified in section 3.1.
    10.8 What are the limitations on the use of my COMS data 
collected during out-of-control periods? During the period your COMS 
is out-of-control, you may not use your COMS data to calculate 
emission compliance or to meet minimum data capture requirements in 
this procedure or the applicable regulation.
    10.9 What are the QA/QC reporting requirements for my COMS? You 
must report in a Data Assessment Report (DAR) the information 
required by sections 10.0, 10.1, 10.2, and 10.3 for your COMS at the 
interval specified in the applicable regulation.
    10.10 What minimum information must I include in my DAR? At a 
minimum, you must include the information listed in paragraphs (1) 
through (5) of this section in the DAR.
    (1) Name of person completing the report and facility address,
    (2) Identification and location of your COMS(s),
    (3) Manufacturer, model, and serial number of your COMS(s),
    (4) Assessment of COMS data accuracy/acceptability and date of 
assessment as determined by a performance audit described in section 
10.0. If the accuracy audit results show your COMS to be out-of-
control, you must report both the audit results showing your COMS to 
be out-of-control and the results of the audit following corrective 
action showing your COMS to be operating within specifications, and
    (5) Summary of all corrective actions you took when you 
determined your COMS was out-of-control.
    10.11 Where and how long must I retain the QA data that this 
procedure requires me to record for my COMS? You must keep the 
records required by this procedure for your COMS on site and 
available for inspection by us, the state, and/or the local 
enforcement agency for the period specified in the regulations 
requiring the use of COMS.

11.0 What analytical procedures apply to this procedure? [Reserved]

12.0 What calculations and data analysis must I perform for my 
COMS? The calculations required for the quarterly performance audit 
are in section 12.0 of PS-1.

13.0 Method Performance [Reserved]

14.0 Pollution Prevention [Reserved]

15.0 Waste Management [Reserved]

16.0 References

    16.1 Performance Specification 1-Specifications and Test 
Procedures for Continuous Opacity Monitoring Systems in Stationary 
Sources, 40 CFR part 60, Appendix B.
    16.2 ASTM D6216-12-Standard Practice for Opacity Monitor 
Manufacturers to Certify Conformance with Design and Performance

[[Page 28444]]

Specifications, American Society for Testing and Materials (ASTM).

17.0 What tables, diagrams, flowcharts, and validation data are 
relevant to this procedure? [Reserved]

[FR Doc. 2014-11226 Filed 5-15-14; 8:45 am]
BILLING CODE 6560-50-P