CODE OF FEDERAL REGULATIONS40
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
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the Office of the Federal Register
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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:
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Title 17 through Title 27
Title 28 through Title 41
Title 42 through Title 50
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Title 40—
Chapter I—Environmental Protection Agency appears in all twenty-four volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts 150-189. A Toxic Substances Chemical—CAS Number Index appears in parts 700-789 and part 790 to End. Redesignation Tables appear in the volumes containing parts 50-51, parts 150-189, and parts 700-789. Regulations issued by the Council on Environmental Quality appear in the volume containing part 790 to End. The OMB control numbers for title 40 appear in § 9.1 of this chapter.
For this volume, Shelley C. Featherson was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.
(This book contains parts 53-59)
Subchapter C—Air Programs is contained in volumes 40 CFR parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 (63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, and parts 87-135.
Sec. 301(a) of the Clean Air Act (42 U.S.C. sec. 1857g(a)), as amended by sec. 15(c)(2) of Pub. L. 91-604, 84 Stat. 1713, unless otherwise noted.
Terms used but not defined in this part shall have the meaning given them by the Act.
(1) An International Organization for Standardization (ISO) 9001-registered manufacturing facility, registered to the ISO 9001 standard (by the Registrar Accreditation Board (RAB) of the American Society for Quality Control (ASQC) in the United States), with registration maintained continuously.
(2) A facility that can be demonstrated, on the basis of information submitted to the EPA, to be operated according to an EPA-approved and periodically audited quality system which meets, to the extent appropriate, the same general requirements as an ISO 9001-registered facility for the design and manufacture of designated reference and equivalent method samplers and monitors.
The following general requirements for a reference method determination are summarized in table A-1 of this subpart.
(a)
(2) A reference method for measuring PM
(3) A reference method for measuring PM
(b)
(a)
(1) A PM
(2) A PM
(3) A PM
(4) Requirements for PM
(5) All designated equivalent methods for PM
(b)
(2) Automated equivalent methods for PM
(3) Requirements for PM
(4) All designated equivalent methods for PM
(a) Applications for reference or equivalent method determinations shall be submitted in duplicate to: Director, National Exposure Research Laboratory, Department E (MD-77B), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711.
(b) Each application shall be signed by an authorized representative of the applicant, shall be marked in accordance with § 53.15 (if applicable), and shall contain the following:
(1) A clear identification of the candidate method, which will distinguish it from all other methods such that the method may be referred to unambiguously. This identification must consist of a unique series of descriptors such as title, identification number, analyte, measurement principle, manufacturer, brand, model, etc., as necessary to distinguish the method from all other methods or method variations, both within and outside the applicant's organization.
(2) A detailed description of the candidate method, including but not limited to the following: The measurement principle, manufacturer, name, model number and other forms of identification, a list of the significant components, schematic diagrams, design drawings, and a detailed description of the apparatus and measurement procedures. Drawings and descriptions pertaining to candidate methods or samplers for PM
(3) A copy of a comprehensive operation or instruction manual providing a complete and detailed description of the operational, maintenance, and calibration procedures prescribed for field use of the candidate method and all instruments utilized as part of that method (under § 53.9(a)).
(i) As a minimum this manual shall include:
(A) Description of the method and associated instruments.
(B) Explanation of all indicators, information displays, and controls.
(C) Complete setup and installation instructions, including any additional materials or supplies required.
(D) Details of all initial or startup checks or acceptance tests and any auxiliary equipment required.
(E) Complete operational instructions.
(F) Calibration procedures and required calibration equipment and standards.
(G) Instructions for verification of correct or proper operation.
(H) Trouble-shooting guidance and suggested corrective actions for abnormal operation.
(I) Required or recommended routine, periodic, and preventative maintenance and maintenance schedules.
(J) Any calculations required to derive final concentration measurements.
(K) Appropriate references to appendix L of part 50 of this chapter; reference 6 of appendix A of this subpart; and any other pertinent guidelines.
(ii) The manual shall also include adequate warning of potential safety hazards that may result from normal use and/or malfunction of the method and a description of necessary safety precautions. (See § 53.9(b).) However, the previous requirement shall not be interpreted to constitute or imply any warranty of safety of the method by
(4) A statement that the candidate method has been tested in accordance with the procedures described in subparts B, C, D, E, and/or F of this part, as applicable.
(5) Descriptions of test facilities and test configurations, test data, records, calculations, and test results as specified in subparts B, C, D, E, and/or F of this part, as applicable. Data must be sufficiently detailed to meet appropriate principles described in paragraphs 4 through 6 of reference 2 of appendix A of this subpart, part b, sections 3.3.1 (paragraph 1) and 3.5.1 (paragraphs 2 and 3) and in paragraphs 1 through 3 of reference 5 (section 4.8, Records) of appendix A of this subpart. Salient requirements from these references include the following:
(i) The applicant shall maintain and include records of all relevant measuring equipment, including the make, type, and serial number or other identification, and most recent calibration with identification of the measurement standard or standards used and their National Institute of Standards and Technology (NIST) traceability. These records shall demonstrate the measurement capability of each item of measuring equipment used for the application and include a description and justification (if needed) of the measurement setup or configuration in which it was used for the tests. The calibration results shall be recorded and identified in sufficient detail so that the traceability of all measurements can be determined and any measurement could be reproduced under conditions close to the original conditions, if necessary, to resolve any anomalies.
(ii) Test data shall be collected according to the standards of good practice and by qualified personnel. Test anomalies or irregularities shall be documented and explained or justified. The impact and significance of the deviation on test results and conclusions shall be determined. Data collected shall correspond directly to the specified test requirement and be labeled and identified clearly so that results can be verified and evaluated against the test requirement. Calculations or data manipulations must be explained in detail so that they can be verified.
(6) A statement that the method, analyzer, or sampler tested in accordance with this part is representative of the candidate method described in the application.
(c) For candidate automated methods and candidate manual methods for PM
(1) A detailed description of the quality system that will be utilized, if the candidate method is designated as a reference or equivalent method, to ensure that all analyzers or samplers offered for sale under that designation will have essentially the same performance characteristics as the analyzer(s) or samplers tested in accordance with this part. In addition, the quality system requirements for candidate methods for PM
(2) A description of the durability characteristics of such analyzers or samplers (see § 53.9(c)). For methods for PM
(i) Section 4.12 in appendix A of this subpart requires the manufacturer to establish and maintain a system of procedures for identifying and maintaining the identification of inspection and test status throughout all phases of manufacturing to ensure that only instruments that have passed the required inspections and tests are released for sale.
(ii) Section 4.13 in appendix A of this subpart requires documented procedures for control of nonconforming product, including review and acceptable alternatives for disposition; section 4.14 in appendix A of this subpart requires documented procedures for implementing corrective (4.14.2) and preventive (4.14.3) action to eliminate the causes of actual or potential nonconformities. In particular, section 4.14.3 requires that potential causes of nonconformities be eliminated by using information such as service reports and customer complaints to eliminate potential causes of nonconformities.
(d) For candidate reference or equivalent methods for PM
After receiving an application for a reference or equivalent method determination, the Administrator will publish notice of the application in the
(a) Send notice to the applicant, in accordance with § 53.8, that the candidate method has been determined to be a reference or equivalent method.
(b) Send notice to the applicant that the application has been rejected, including a statement of reasons for rejection.
(c) Send notice to the applicant that additional information must be submitted before a determination can be made and specify the additional information that is needed (in such cases, the 120-day period shall commence upon receipt of the additional information).
(d) Send notice to the applicant that additional test data must be submitted and specify what tests are necessary and how the tests shall be interpreted (in such cases, the 120-day period shall commence upon receipt of the additional test data).
(e) Send notice to the applicant that the application has been found to be
(f) Send notice to the applicant that additional tests will be conducted by the Administrator, specifying the nature of and reasons for the additional tests and the estimated time required (in such cases, the 120-day period shall commence 1 calendar day after the additional tests have been completed).
(a) Submission of an application for a reference or equivalent method determination shall constitute consent for the Administrator or the Administrator's authorized representative, upon presentation of appropriate credentials, to witness or observe any tests required by this part in connection with the application or in connection with any modification or intended modification of the method by the applicant.
(b) The applicant shall have the right to witness or observe any test conducted by the Administrator in connection with the application or in connection with any modification or intended modification of the method by the applicant.
(c) Any tests by either party that are to be witnessed or observed by the other party shall be conducted at a time and place mutually agreeable to both parties.
(a) In the absence of an application for a reference or equivalent method determination, the Administrator may conduct the tests required by this part for such a determination, may compile such other information as may be necessary in the judgment of the Administrator to make such a determination, and on the basis of the tests and information may determine that a method satisfies applicable requirements of this part.
(b) In the absence of an application requesting the Administrator to consider revising an appendix to part 50 of this chapter in accordance with § 53.16, the Administrator may conduct such tests and compile such information as may be necessary in the Administrator's judgment to make a determination under § 53.16(d) and on the basis of the tests and information make such a determination.
(c) If a method tested in accordance with this section is designated as a reference or equivalent method in accordance with § 53.8 or is specified or designated as a reference method in accordance with § 53.16, any person or entity who offers the method for sale as a reference or equivalent method thereafter shall assume the rights and obligations of an applicant for purposes of this part, with the exception of those pertaining to submission and processing of applications.
(a) A candidate method determined by the Administrator to satisfy the applicable requirements of this part shall be designated as a reference method or equivalent method (as applicable), and a notice of the designation shall be submitted for publication in the
(b) A notice indicating that the method has been determined to be a reference method or an equivalent method shall be sent to the applicant. This notice shall constitute proof of the determination until a notice of designation is published in accordance with paragraph (a) of this section.
(c) The Administrator will maintain a current list of methods designated as reference or equivalent methods in accordance with this part and will send a copy of the list to any person or group upon request. A copy of the list will be available for inspection or copying at EPA Regional Offices.
Designation of a candidate method as a reference method or equivalent method shall be conditioned to the applicant's compliance with the following requirements. Failure to comply with any of the requirements shall constitute a ground for cancellation of the designation in accordance with § 53.11.
(a) Any method offered for sale as a reference or equivalent method shall be accompanied by a copy of the manual referred to in § 53.4(b)(3) when delivered to any ultimate purchaser.
(b) Any method offered for sale as a reference or equivalent method shall generate no unreasonable hazard to operators or to the environment during normal use or when malfunctioning.
(c) Any analyzer, PM
(d) Any analyzer, PM
(e) If an analyzer is offered for sale as a reference or equivalent method and has one or more selectable ranges, the label or sticker required by paragraph (d) of this section shall be placed in close proximity to the range selector and shall indicate clearly which range or ranges have been designated as parts of the reference or equivalent method.
(f) An applicant who offers analyzers, PM
(g) If an applicant modifies an analyzer, PM
(h) An applicant who has offered PM
(i) An applicant who has offered PM
Any applicant whose application for a reference or equivalent method determination has been rejected may appeal the Administrator's decision by taking one or more of the following actions:
(a) The applicant may submit new or additional information in support of the application.
(b) The applicant may request that the Administrator reconsider the data and information already submitted.
(c) The applicant may request that any test conducted by the Administrator that was a material factor in the decision to reject the application be repeated.
(a)
(b)
(2) The applicant will be afforded an opportunity to demonstrate or to achieve compliance with the requirements of this part within 60 days after publication of notice in accordance with paragraph (b)(1) of this section or within such further period as the Administrator may allow, by demonstrating to the satisfaction of the Administrator that the method in question satisfies the requirements of this part, by commencing a program to make any adjustments that are necessary to bring the method into compliance, or by taking such action as may be necessary to cure any violation of the requirements of § 53.9. If adjustments are necessary to bring the method into compliance, all such adjustments shall be made within a reasonable time as determined by the Administrator. If the applicant demonstrates or achieves compliance in accordance with this paragraph (b)(2), the Administrator will publish notice of such demonstration or achievement in the
(c)
(d)
Within 60 days after publication of a notice in accordance with § 53.11(b)(1), the applicant or any interested person may request a hearing on the Administrator's action. If, after reviewing the request and supporting data, the Administrator finds that the request raises a substantial issue of fact, a hearing will be granted in accordance with § 53.13 with respect to such issue. The request shall be in writing, signed by an authorized representative of the applicant or interested person, and shall include a statement specifying:
(a) Any objections to the Administrator's action.
(b) Data or other information in support of such objections.
(a)(1) After granting a request for a hearing under § 53.12, the Administrator will designate a presiding officer for the hearing.
(2) If a time and place for the hearing have not been fixed by the Administrator, the hearing will be held as soon as practicable at a time and place fixed by the presiding officer, except that the hearing shall in no case be held sooner than 30 days after publication of a notice of hearing in the
(3) For purposes of the hearing, the parties shall include EPA, the applicant or interested person(s) who requested the hearing, and any person permitted to intervene in accordance with paragraph (c) of this section.
(4) The Deputy General Counsel or the Deputy General Counsel's representative will represent EPA in any hearing under this section.
(5) Each party other than EPA may be represented by counsel or by any other duly authorized representative.
(b)(1) Upon appointment, the presiding officer will establish a hearing file. The file shall contain copies of the notices issued by the Administrator pursuant to § 53.11(b)(1), together with any accompanying material, the request for a hearing and supporting data submitted therewith, the notice of hearing published in accordance with paragraph (a)(2) of this section, and correspondence and other material data relevant to the hearing.
(2) The hearing file shall be available for inspection by the parties or their representatives at the office of the presiding officer, except to the extent that it contains information identified in accordance with § 53.15.
(c) The presiding officer may permit any interested person to intervene in the hearing upon such a showing of interest as the presiding officer may require; provided that permission to intervene may be denied in the interest of expediting the hearing where it appears that the interests of the person seeking to intervene will be adequately represented by another party (or by other parties), including EPA.
(d)(1) The presiding officer, upon the request of any party or at the officer's discretion, may arrange for a prehearing conference at a time and place specified by the officer to consider the following:
(i) Simplification of the issues.
(ii) Stipulations, admissions of fact, and the introduction of documents.
(iii) Limitation of the number of expert witnesses.
(iv) Possibility of agreement on disposing of all or any of the issues in dispute.
(v) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.
(2) The results of the conference shall be reduced to writing by the presiding officer and made part of the record.
(e)(1) Hearings shall be conducted by the presiding officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to exclusion by the presiding officer of irrelevant, immaterial, or repetitious evidence.
(2) Witnesses shall be placed under oath.
(3) Any witness may be examined or cross-examined by the presiding officer, the parties, or their representatives. The presiding officer may, at his/her discretion, limit cross-examination to relevant and material issues.
(4) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased from the reporter.
(5) All written statements, charts, tabulations, and data offered in evidence at the hearing shall, upon a showing satisfactory to the presiding officer of their authenticity, relevancy, and materiality, be received in evidence and shall constitute part of the record.
(6) Oral argument shall be permitted. The presiding officer may limit oral presentations to relevant and material issues and designate the amount of time allowed for oral argument.
(f)(1) The presiding officer shall make an initial decision which shall include written findings and conclusions and the reasons therefore on all the material issues of fact, law, or discretion presented on the record. The findings, conclusions, and written decision shall be provided to the parties and made part of the record. The initial decision
(2) On appeal from or review of the initial decision, the Administrator will have all the powers consistent with making the initial decision, including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the presiding officer for additional proceedings. The decision by the Administrator will include written findings and conclusions and the reasons or basis therefore on all the material issues of fact, law, or discretion presented on the appeal or considered in the review.
(a) An applicant who offers a method for sale as a reference or equivalent method shall report to the EPA Administrator prior to implementation any intended modification of the method, including but not limited to modifications of design or construction or of operational and maintenance procedures specified in the operation manual (see § 53.9(g)). The report shall be signed by an authorized representative of the applicant, marked in accordance with § 53.15 (if applicable), and addressed as specified in § 53.4(a).
(b) A report submitted under paragraph (a) of this section shall include:
(1) A description, in such detail as may be appropriate, of the intended modification.
(2) A brief statement of the applicant's belief that the modification will, will not, or may affect the performance characteristics of the method.
(3) A brief statement of the probable effect if the applicant believes the modification will or may affect the performance characteristics of the method.
(4) Such further information, including test data, as may be necessary to explain and support any statement required by paragraphs (b)(2) and (b)(3) of this section.
(c) Within 30 calendar days after receiving a report under paragraph (a) of this section, the Administrator will take one or more of the following actions:
(1) Notify the applicant that the designation will continue to apply to the method if the modification is implemented.
(2) Send notice to the applicant that a new designation will apply to the method (as modified) if the modification is implemented, submit notice of the determination for publication in the
(3) Send notice to the applicant that the designation will not apply to the method (as modified) if the modification is implemented and submit notice of the determination for publication in the
(4) Send notice to the applicant that additional information must be submitted before a determination can be made and specify the additional information that is needed (in such cases, the 30-day period shall commence upon receipt of the additional information).
(5) Send notice to the applicant that additional tests are necessary and specify what tests are necessary and how they shall be interpreted (in such cases, the 30-day period shall commence upon receipt of the additional test data).
(6) Send notice to the applicant that additional tests will be conducted by the Administrator and specify the reasons for and the nature of the additional tests (in such cases, the 30-day period shall commence 1 calendar day after the additional tests are completed).
(d) An applicant who has received a notice under paragraph (c)(3) of this section may appeal the Administrator's action as follows:
(1) The applicant may submit new or additional information pertinent to the intended modification.
(2) The applicant may request the Administrator to reconsider data and information already submitted.
(3) The applicant may request that the Administrator repeat any test conducted that was a material factor in the Administrator's determination. A representative of the applicant may be present during the performance of any such retest.
Any information submitted under this part that is claimed to be a trade secret or confidential or privileged information shall be marked or otherwise clearly identified as such in the submittal. Information so identified will be treated in accordance with part 2 of this chapter (concerning public information).
(a) This section prescribes procedures and criteria applicable to requests that the Administrator specify a new reference method, or a new measurement principle and calibration procedure on which reference methods shall be based, by revision of the appropriate appendix to part 50 of this chapter. Such action will ordinarily be taken only if the Administrator determines that a candidate method or a variation thereof is substantially superior to the existing reference method(s).
(b) In exercising discretion under this section, the Administrator will consider:
(1) The benefits, in terms of the requirements and purposes of the Act, that would result from specifying a new reference method or a new measurement principle and calibration procedure.
(2) The potential economic consequences of such action for State and local control agencies.
(3) Any disruption of State and local air quality monitoring programs that might result from such action.
(c) An applicant who wishes the Administrator to consider revising an appendix to part 50 of this chapter on the ground that the applicant's candidate method is substantially superior to the existing reference method(s) shall submit an application for a reference or equivalent method determination in accordance with § 53.4 and shall indicate therein that such consideration is desired. The application shall include, in addition to the information required by § 53.4, data and any other information supporting the applicant's claim that the candidate method is substantially superior to the existing reference method(s).
(d) After receiving an application under paragraph (c) of this section, the Administrator will publish notice of its receipt in the
(1) Determine that it is appropriate to propose a revision of the appendix to part 50 of this chapter in question and send notice of the determination to the applicant.
(2) Determine that it is inappropriate to propose a revision of the appendix to part 50 of this chapter in question, determine whether the candidate method is a reference or equivalent method, and send notice of the determinations, including a statement of reasons for the determination not to propose a revision, to the applicant.
(3) Send notice to the applicant that additional information must be submitted before a determination can be made and specify the additional information that is needed (in such cases, the 120-day period shall commence upon receipt of the additional information).
(4) Send notice to the applicant that additional tests are necessary, specifying what tests are necessary and how the test shall be interpreted (in such cases, the 120-day period shall commence upon receipt of the additional test data).
(5) Send notice to the applicant that additional tests will be conducted by the Administrator, specifying the nature of and reasons for the additional tests and the estimated time required (in such cases, the 120-day period shall commence 1 calendar day after the additional tests have been completed).
(e)(1)(i) After making a determination under paragraph (d)(1) of this section, the Administrator will publish a notice of proposed rulemaking in the
(A) To revise the appendix to part 50 of this chapter in question.
(B) Where the appendix specifies a measurement principle and calibration procedure, to cancel reference method designations based on the appendix.
(C) To cancel equivalent method designations based on the existing reference method(s).
(ii) The notice of proposed rulemaking will include the terms or substance of the proposed revision, will indicate what period(s) of time the Administrator proposes to allow for replacement of existing methods under section 2.3 of appendix C to part 58 of this chapter, and will solicit public comments on the proposal with particular reference to the considerations set forth in paragraphs (a) and (b) of this section.
(2)(i) If, after consideration of comments received, the Administrator determines that the appendix to part 50 in question should be revised, the Administrator will, by publication in the
(A) Promulgate the proposed revision, with such modifications as may be appropriate in view of comments received.
(B) Where the appendix to part 50 (prior to revision) specifies a measurement principle and calibration procedure, cancel reference method designations based on the appendix.
(C) Cancel equivalent method designations based on the existing reference method(s).
(D) Specify the period(s) that will be allowed for replacement of existing methods under section 2.3 of appendix C to part 58 of this chapter, with such modifications from the proposed period(s) as may be appropriate in view of comments received.
(3) Canceled designations will be deleted from the list maintained under § 53.8(c). The requirements and procedures for cancellation set forth in § 53.11 shall be inapplicable to cancellation of reference or equivalent method designations under this section.
(4) If the appendix to part 50 of this chapter in question is revised to specify a new measurement principle and calibration procedure on which the applicant's candidate method is based, the Administrator will take appropriate action under § 53.5 to determine whether the candidate method is a reference method.
(5) Upon taking action under paragraph (e)(2) of this section, the Administrator will send notice of the action to all applicants for whose methods reference and equivalent method designations are canceled by such action.
(f) An applicant who has received notice of a determination under paragraph (d)(2) of this section may appeal the determination by taking one or more of the following actions:
(1) The applicant may submit new or additional information in support of the application.
(2) The applicant may request that the Administrator reconsider the data and information already submitted.
(3) The applicant may request that any test conducted by the Administrator that was a material factor in making the determination be repeated.
(1) American National Standard Quality Systems-Model for Quality Assurance in Design, Development, Production, Installation, and Servicing, ANSI/ISO/ASQC Q9001-1994. Available from American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee, WI 53202.
(2) American National Standard—Specifications and Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology Programs, ANSI/ASQC E41994. Available from American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee, WI 53202.
(3) Dimensioning and Tolerancing, ASME Y14.5M-1994. Available from the American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017.
(4) Mathematical Definition of Dimensioning and Tolerancing Principles, ASME Y14.5.1M-1994. Available from the American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017.
(5) ISO 10012, Quality Assurance Requirements for Measuring Equipment-Part 1: Meteorological confirmation system for measuring equipment):1992(E). Available from American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee, WI 53202.
(6) Copies of section 2.12 of the Quality Assurance Handbook for Air Pollution Measurement Systems, Volume II, Ambient Air Specific Methods, EPA/600/R-94/038b, are available from Department E (MD-77B), U.S. EPA, Research Triangle Park, NC 27711.
(a) The test procedures given in this subpart shall be used to test the performance of candidate automated methods against the performance specifications given in table B-1. A test analyzer representative of the candidate automated method must exhibit performance better than, or equal to, the specified value for each such specification (except Range) to satisfy the requirements of this subpart. Except as provided in paragraph (b) of this section, the range of the candidate method must be the range specified in table B-1 to satisfy the requirements of this subpart.
(b) For a candidate method having more than one selectable range, one range must be that specified in table B-1 and a test analyzer representative of the method must pass the tests required by this subpart while operated in that range. The tests may be repeated for a broader range (i.e., one extending to higher concentrations) than that specified in table B-1 provided that the range does not extend to concentrations more than two times the upper range limit specified in table B-1. If the application is for a reference method determination, the tests may be repeated for a narrower range (one extending to lower concentrations) than that specified in table B-1.
(c) For each performance specification (except Range), the test procedure shall be initially repeated seven (7) times to yield 7 test results. Each result shall be compared with the corresponding specification in table B-1; a value higher than or outside that specified constitutes a failure. These 7 results for each parameter shall be interpreted as follows:
(1) Zero (0) failures: Candidate method passes the performance parameter.
(2) Three (3) or more failures: Candidate method fails the performance parameter.
(3) One (1) or two (2) failures: Repeat the test procedures for the parameter eight (8) additional times yielding a total of fifteen (15) test results. The combined total of 15 test results shall then be interpreted as follows:
(i) One (1) or two (2) failures: Candidate method passes the performance parameter.
(ii) Three (3) or more failures: Candidate method fails the performance parameter.
(d) The tests for
(e) All response readings to be recorded shall first be converted to concentration units according to the calibration curve constructed in accordance with § 53.21(b).
(f) All recorder chart tracings, records, test data and other documentation obtained from or pertinent to these tests shall be identified, dated, signed by the analyst performing the test, and submitted.
Suggested formats for reporting the test results and calculations are provided in Figures B-2, B-3, B-4, B-5, and B-6 in appendix A. Symbols and abbreviations used in this subpart are listed in table B-5, appendix A.
(a)
Other data acquisition components may be used along with the chart recorder during conduct of these tests. Use of the chart recorder is intended only to facilitate evaluation of data submitted.
(b)
(c) Once the test analyzer has been set up and calibrated and the tests started, manual adjustment or normal periodic maintenance is permitted only every 3 days. Automatic adjustments which the test analyzer performs by itself are permitted at any time. The submitted records shall show clearly when any manual adjustment or periodic maintenance was made and describe the operations performed.
(d) If the test analyzer should malfunction during any of the performance tests, the tests for that parameter shall be repeated. A detailed explanation of the malfunction, remedial action taken, and whether recalibration was necessary (along with all pertinent records and charts) shall be submitted. If more than one malfunction occurs, all performance test procedures for all parameters shall be repeated.
(e) Tests for all performance parameters shall be completed on the same test analyzer, except that use of multiple test analyzers to accelerate testing will be permitted when alternate ranges of a multi-range candidate method are being tested.
(a) Table B-2 specifies preferred methods for generating test atmos-pheres and suggested methods of verifying the concentrations. Only one means of establishing the concentration of a test atmosphere is normally required. If the method of generation can produce reproducible concentrations, verification is optional. If the method of generation is not reproducible, then establishment of the concentration by some verification method is required. However, when a method of generation other than that given in table B-2 is used, the test concentration shall be verified.
(b) The test atmosphere delivery system shall be designed and constructed so as not to significantly alter the test atmosphere composition or concentration during the period of the test. The delivery system shall be fabricated from borosilicate glass or FEP Teflon.
(c) The output of the test atmosphere generation system shall be sufficiently stable to obtain stable response during the required tests. If a permeation device is used for generation of a test atmosphere, the device, as well as the air passing over it, shall be controlled to
(d) All diluent air shall be zero air free of contaminants likely to cause a detectable response on the test analyzer.
(e) The concentration of each test atmosphere shall be established and/or verified before or during each series of tests. Samples for verifying test concentrations shall be collected from the test atmosphere delivery system as close as possible to the sample intake port of the test analyzer.
(f) The accuracy of all flow measurements used to calculate test atmosphere concentrations shall be documented and referenced to a primary standard (such as a spirometer, bubble meter, etc.). Any corrections shall be clearly shown. All flow measurements given in volume units shall be standardized to 25 °C. and 760 mm Hg.
(g) Schematic drawings and other information showing complete procedural details of the test atmosphere generation, verification, and delivery system shall be provided. All pertinent calculations shall be clearly indicated.
(a)
The nominal range is specified at the lower and upper range limits in concentration units, for example, 0-0.5 p/m.
(2)
A single calibration curve will normally suffice.
(b)
(2)
(ii) Connect an integrating-type digital meter (DM) suitable for the test analyzer's output and accurate to three significant digits, to measure the analyzer's output signal.
Use of a chart recorder in addition to the DM is optional.
(iii) Measure zero air for 60 minutes. During this 60-minute interval, record twenty-five (25) readings at 2-minute intervals. (See Figure B-2 in appendix A.)
(iv) Convert each DM reading to concentration units (p/m) by reference to the test analyzer's calibration curve as determined in § 53.21(b). Label the converted DM readings
(v) Calculate the standard deviation, S, as follows:
(vi) Let
(vii) Repeat steps (iii) through (vi) of this section using a pollutant test atmosphere concentration of 80
(viii) Both
(c)
(2)
(ii) Generate and measure a pollutant test atmosphere concentration equal to the value for the lower detectable limit specified in table B-1.
If necessary, the test atmosphere concentration may be generated or verified at a higher concentration, then accurately diluted with zero air to the final required concentration.
(iii) Record the test analyzer's stable indicated reading, in ppm, as
(iv) Determine the Lower Detectable Limit (LDL) as LDL =
(d)
(2)
(i) Allow sufficient time for warm-up and stabilization of the test analyzer.
(ii) For a candidate method using a prefilter or scrubber based upon a chemical reaction to derive part of its specificity, and which requires periodic service or maintenance, the test analyzer shall be “conditioned” prior to each interference test as follows:
(A) Service or perform the indicated maintenance on the scrubber or prefilter as directed in the manual referred to in § 53.4(b)(3).
(B) Before testing for each interferent, allow the test analyzer to sample through the scrubber a test atmosphere containing the interferent at a concentration equal to the value specified in table B-3. Sampling shall be at the normal flow rate and shall be continued for 6 continuous hours prior to testing.
(iii) Generate three test atmosphere streams as follows:
(A) Test atmosphere
(B) Test atmosphere
(C) Test atmosphere
(iv) Adjust the individual flow rates and the pollutant or interferent generators for the three test atmospheres as follows:
(A) The flow rates of test atmospheres
(B) The concentration of pollutant in test atmosphere
(C) The concentration of interferent in test atmosphere
(D) To minimize concentration errors due to flow rate differences between
(v) Mix test atmospheres
(vi) Sample and measure the mixture of test atmospheres
(vii) Mix test atmospheres
(viii) Sample and measure this mixture. Record the stable reading, in concentration units, as
(ix) Calculate the interference equivalent (
(x) Follow steps (iii) through (ix) of this section, in turn, to determine the interference equivalent for each interferent.
(xi) For those interferents which cannot be mixed with the pollutant, as indicated by footnote (3) in table B-3, adjust the concentration of test atmosphere
(A) Sample and measure test atmosphere
(B) Sample and measure the interferent test atmosphere
(C) Calculate IE=R
(xii) Sum the absolute value of all the individual interference equivalents. This sum must be equal to or less than the total interferent specification given in table B-1 to pass the test.
(e)
(ii)
(iii)
(iv)
(v)
(vi)
(2) Tests for these performance parameters shall be accomplished over a period of seven (7) or more days. During this time, the line voltage supplied to the test analyzer and the ambient temperature surrounding the analyzer shall be varied from day to day. One test result for each performance parameter shall be obtained each test day, for seven (7) or fifteen (15) test days as necessary. The tests are performed sequentially in a single procedure.
(3) The 24-hour test day may begin at any clock hour. The first 12 hours out of each test day are required for testing 12-hour zero drift. Tests for the other parameters shall be conducted during the remaining 12 hours.
(4) Table B-4 specifies the line voltage and room temperature to be used for each test day. The line voltage and temperature shall be changed to the specified values at the start of each test day (i.e., at the start of the 12-hour zero test). Initial adjustments (day zero) shall be made at a line voltage of 115 volts (rms) and a room temperature of 25 °C.
(5) The tests shall be conducted in blocks consisting of 3 test days each until 7 or 15 test results have been obtained. (The final block may contain fewer than three test days.) If a test is interrupted by an occurrence other than a malfunction of the test analyzer, only the block during which the interruption occurred shall be repeated.
(6) During each block, manual adjustments to the electronics, gas, or reagent flows or periodic maintenance shall not be permitted. Automatic adjustments which the test analyzer performs by itself are permitted at any time.
(7) At least 4 hours prior to the start of the first test day of each block, the test analyzer may be adjusted and/or serviced according to the periodic maintenance procedures specified in the manual referred to in § 53.4(b)(3). If a new block is to immediately follow a previous block, such adjustments or servicing may be done immediately after completion of the day's tests for the last day of the previous block and at the voltage and temperature specified for that day, but only on test days 3, 6, 9, and 12.
If necessary, the beginning of the test days succeeding such maintenance or adjustment may be delayed as necessary to complete the service or adjustment operation.
(8) All response readings to be recorded shall first be converted to concentration units according to the calibration curve. Whenever a test atmosphere is to be measured but a stable reading is not required, the test atmosphere shall be measured long enough to cause a change in response of at least 10% of full scale. Identify all readings and other pertinent data on the strip chart. (See Figure B-1 illustrating the pattern of the required readings.)
(9)
(ii) For steps (xxv) through (xxxi) of this section, a chart speed of at least 10 centimeters per hour shall be used. The actual chart speed, chart speed changes, and time checks shall be clearly marked on the chart.
(iii) Allow sufficient time for test analyzer to warm up and stabilize at a line voltage of 115 volts and a room temperature of 25 °C. Recalibrate, if necessary, and adjust the zero baseline to 5 percent of chart. No further adjustments shall be made to the analyzer until the end of the tests on the third day.
(iv) Measure test atmosphere
(v) Measure test atmosphere
(vi) Measure test atmosphere
(vii) The above readings for
(viii) At the beginning of each test day, adjust the line voltage and room temperature to the values given in table B-4.
(ix) Measure test atmosphere
(x) After the 12-hour zero drift test (step ix), sample test atmosphere
(xi) Measure test atmosphere
(xii) Sample test atmosphere
(xiii) Measure test atmosphere
(xiv) Sample test atmosphere
(xv) Measure test atmosphere
(xvi) Sample test atmosphere
(xvii) Measure test atmosphere
(xviii) Sample test atmosphere
(xix) Measure test atmosphere
(xx) Sample test atmosphere
(xxi) Measure test atmosphere
(xxii) Measure test atmosphere
(xxiii) Sample test atmosphere
(xxiv) Measure test atmosphere
(xxv) Measure test atmosphere
(xxvi) Quickly switch the test analyzer to measure test atmosphere
(xxvii) Measure test atmosphere
(xxviii) Sample test atmosphere
(xxix) Measure test atmosphere
(xxx) Measure test atmosphere
(xxxi) Measure test atmosphere
(xxxii) Sample test atmosphere
(xxxiii) Measure test atmosphere
(xxxiv) Repeat steps (viii) through (xxxiii) of this section, each test day.
(xxxv) If zero and span adjustments are made after the readings are taken on test days 3, 6, 9, or 12, complete all adjustments; then measure test atmospheres
(10) Determine the results of each day's tests as follows. Mark the recorder chart to show readings and determinations.
(i)
(B) Calculate the 24-hour zero drift (24
(C) Compare 12
(ii)
(B) Span drift at 80 percent of URL (USD):
(C) Both USD and MSD must be equal to or less than the respective specifications given in table B-1 to pass the test for span draft.
(iii)
(iv)
(v)
(vi)
(A)
(B)
(C) Both
(a)
(1) Comparability is shown for SO
(i) Measurements made by a candidate manual method or by a test analyzer representative of a candidate automated method.
(ii) Measurements made simultaneously by a reference method, are less than or equal to the values specified in the last column of table C-1 of this subpart.
(2) Comparability is shown for lead methods when the differences between:
(i) Measurements made by a candidate method.
(ii) Measurements made by the reference method on simultaneously collected lead samples (or the same sample, if applicable), are less than or equal to the value specified in table C-3 of this subpart.
(3) Comparability is shown for PM
(i) Measurements made by a candidate method.
(ii) Measurements made by a reference method on simultaneously collected samples (or the same sample, if applicable) at each of two test sites, is such that the linear regression parameters (slope, intercept, and correlation coefficient) describing the relationship meet the values specified in table C-4 of this subpart.
(b)
(2)
(3)
(4)
(5)
(i) Where only one test site is required, as specified in table C-4 of this subpart, the site need only meet the PM
(ii) Where two sites are required, as specified in table C-4 of this subpart, each site must be selected to provide the ambient concentration levels required by § 53.34(c)(3). In addition, one site must be selected such that all acceptable test sample sets, as defined in § 53.34(c)(3), have a PM
(c)
(d)
(2)
(3)
(4)
(e)
(a)
(b)
(2) Other data acquisition components may be used along with the chart recorder during the conduct of these tests. Use of the chart recorder is intended only to facilitate visual evaluation of data submitted.
(3) Allow adequate warmup or stabilization time as indicated in the applicable operation manual(s) before beginning the tests.
(c)
(d)
(2) For a candidate method having more than one selectable range, one range must be that specified in table B-1 of subpart B of this part and a test analyzer representative of the method must pass the tests required by this subpart while operated on that range. The tests may be repeated for a broader range (i.e., one extending to higher concentrations) than the one specified in table B-1 of subpart B of this part, provided that the range does not extend to concentrations more than two times the upper range limit specified in table B-1 of subpart B of this part and that the test analyzer has passed the tests required by subpart B of this part (if applicable) for the broader range. If the tests required by this subpart are conducted or passed only for the range specified in table B-1 of subpart B of this part, any equivalent method determination with respect to the method will be limited to that range. If the tests are passed for both the specified range and a broader range (or ranges), any such determination will include the broader range(s) as well as the specified range. Appropriate test data shall be submitted for each range sought to be included in such a determination.
(e)
(2) All test measurements shall be made with the same test analyzer; use of multiple test analyzers is not permitted. The test analyzer shall be operated continuously during the entire series of test measurements.
(3) If a test analyzer should malfunction during any of these tests, the entire set of measurements shall be repeated, and a detailed explanation of the malfunction, remedial action taken, and whether recalibration was necessary (along with all pertinent records and charts) shall be submitted.
(a) Conduct the first set of simultaneous measurements with the candidate and reference methods:
(1) Table C-1 of this subpart specifies the type (1- or 24-hour) and number of measurements to be made in each of the three test concentration ranges.
(2) The pollutant concentration must fall within the specified range as measured by the reference method.
(3) The measurements shall be made in the sequence specified in table C-2 of this subpart, except for the 1-hour SO
(b) For each pair of measurements, determine the difference (discrepancy) between the candidate method measurement and reference method measurement. A discrepancy which exceeds the discrepancy specified in table C-1 of this subpart constitutes a failure. Figure C-1 of this subpart contains a suggested format for reporting the test results.
(c) The results of the first set of measurements shall be interpreted as follows:
(1) Zero failures. The candidate method passes the test for comparability.
(2) Three or more failures. The candidate method fails the test for comparability.
(3) One or two failures. Conduct a second set of simultaneous measurements as specified in table C-1 of this subpart. The results of the combined total of first-set and second-set measurements shall be interpreted as follows:
(i) One or two failures. The candidate method passes the test for comparability.
(ii) Three or more failures. The candidate method fails the test for comparability.
(4) For SO
(d) A 1-hour measurement consists of the integral of the instantaneous concentration over a 60-minute continuous period divided by the time period. Integration of the instantaneous concentration may be performed by any appropriate means such as chemical, electronic, mechanical, visual judgment, or by calculating the mean of not less than 12 equally spaced instantaneous readings. Appropriate allowances or corrections shall be made in cases where significant errors could occur due to characteristic lag time or rise/fall time differences between the candidate and reference methods. Details of the means of integration and any corrections shall be submitted.
(e) A 24-hour measurement consists of the integral of the instantaneous concentration over a 24-hour continuous period divided by the time period. This integration may be performed by any appropriate means such as chemical, electronic, mechanical, or by calculating the mean of 24 sequential 1-hour measurements.
(f) For ozone and carbon monoxide, no more than six 1-hour measurements shall be made per day. For sulfur dioxide, no more than four 1-hour measurements or one 24-hour measurement shall be made per day. One-hour measurements may be made concurrently with 24-hour measurements if appropriate.
(g) For applicable methods, control or calibration checks may be performed once per day without adjusting the test analyzer or method. These checks may be used as a basis for a linear interpolation-type correction to be applied to the measurements to correct for drift. If such a correction is used, it shall be applied to all measurements made with the method, and the correction procedure shall become a part of the method.
(a)
(b)
(c)
(2) For the candidate method samples, analyze each sample filter or filter extract three times and calculate, in accordance with the candidate method, the indicated lead concentrates in μg/m
(d)
(e)
(f)
(2) If any reference method precision value (P
(3) If any candidate method precision value (P
(4) The candidate method passes this test if all precision values (i.e., all P
(g)
(ii) Calculate the percent difference (D
(2) If any difference value (D
(h)
(2) If none of the percent differences (D) exceeds
(3) If one or more of the percent differences (D) exceeds
(i) The candidate method must pass both the precision test (paragraph (f) of this section) and the comparability test (paragraph (h) of this section) to qualify for designation as an equivalent method.
(a)
(b)
(c)
(2)(i) For each of the measurement sets, calculate the precision of the reference method PM
(ii) Otherwise, calculate the precision of the reference method PM
(3) If R
(4) For each of the acceptable measurement sets, calculate the average PM
(5) For each site, plot the average PM
(6) If the linear regression parameters calculated under paragraph (c)(5) of this section meet the values specified in table C-4 of this subpart for all test sites, the candidate method passes the test for comparability.
(1) American National Standard—Specifications and Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology Programs, ANSI/ASQC E4-1994. Available from American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee, WI 53202.
(a) The test procedures prescribed in this subpart shall be used to test the performance of candidate methods for PM
(b) For a candidate method using a PM
(c) The liquid particle sampling effectiveness and 50 percent cutpoint of a test sampler shall be determined in a wind tunnel using 10 particle sizes and three wind speeds as specified in table D-2. A minimum of 3 replicate measurements of sampling effectiveness shall be required for each of the 30 test conditions for a minimum of 90 test measurements.
(d) For the liquid particle sampling effectiveness parameter, a smooth curve plot shall be constructed of sampling effectiveness (percent) versus aerodynamic particle diameter (μm) for each of the three wind speeds. These plots shall be used to calculate the expected mass concentration for the test sampler, using the procedure in § 53.43(a). The candidate method passes the liquid particle sampling effectiveness test if the expected mass concentration calculated for the test sampler at each wind speed differs by no more than
* The sampling effectiveness curve for this “ideal” sampler is described by column 5 of table D-3 and is based on a model that approximates the penetration of particles into the human respiratory tract. Additional information on this model may be found in a document entitled, “Particle Collection Criteria for 10 Micrometer Samplers,” which is available from the Quality Assurance Division (MD-77), Environmental Monitoring Systems Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711.
(e) For the 50 percent cutpoint parameter, the test result for each wind speed shall be reported as the particle size at which the curve specified in § 53.40(d) crosses the 50 percent effectiveness line. The candidate method passes the 50 percent cutpoint test if the test result at each wind speed falls within 10
(f) The solid particle sampling effectiveness of a test sampler shall be determined in a wind tunnel using 25 μm particles at 2 wind speeds as specified in table D-2. A minimum of three replicate measurements of sampling effectiveness for the 25 μm solid particles shall be required at both wind speeds for a minimum of 6 test measurements.
(g) For the solid particle sampling effectiveness parameter, the test result for each wind speed shall be reported as the difference between the average of the replicate sampling effectiveness measurements obtained for the 25 μm solid particles and the average of the replicate measurements obtained for the 25 μm liquid particles. The candidate method passes the solid particle sampling effectiveness test if the test result for each wind speed is less than, or equal to, 5 percent.
(h) The precision and flow rate stability of three identical test samplers shall be determined at a suitable test site by simultaneously sampling the PM
(i) For the precision parameter, the test result for each of the 10 periods of 24 hours shall be calculated using the procedure in § 53.43(c). The candidate method passes the precision test if all of the test results meet the specifications in table D-1.
(j) For the flow rate stability parameter, the test results for each of the three test samplers and for each of the 10 periods of 24 hours shall be calculated using the procedure in § 53.43(d). The candidate method passes the flow rate stability test if all of the test results meet the specifications in table D-1.
(k) All test data and other documentation obtained from or pertinent to these tests shall be identified, dated, signed by the analyst performing the test, and submitted to EPA.
(a) Set-up and start-up of all test samplers shall be in strict accordance with the operating instructions specified in the manual referred to in § 53.4(b)(3).
(b) If the internal surface or surfaces of the candidate method's sampler inlet on which the particles removed by the inlet are collected is a dry surface (i.e., not normally coated with oil or grease), those surfaces shall be cleaned prior to conducting wind tunnel tests with solid particles.
(c) Once the test sampler or samplers have been set up and the performance tests started, manual adjustment shall be permitted only between test points for the sampling effectiveness and 50 percent cutpoint tests or between test days for the precision and flow rate stability tests. The manual adjustments and any periodic maintenance shall be limited to only those procedures prescribed in the manual referred to in § 53.4(b)(3). The submitted records shall show clearly when any manual adjustment or periodic maintenance was made and shall describe the operations performed.
(d) If a test sampler malfunctions during any of the sampling effectiveness and 50 percent cutpoint tests, that test run shall be repeated. If a test sampler malfunctions during any of the precision and flow rate stability tests, that day's test shall be repeated. A detailed explanation of all malfunctions and the remedial actions taken shall be submitted to EPA with the application.
(a) A vibrating orifice aerosol generator shall be used to produce monodispersed liquid particles of oleic acid tagged with uranine dye and monodispersed solid particles of ammonium fluoroscein with equivalent aerodynamic diameters as specified in table D-2. The geometric standard deviation for each particle size and type generated shall not exceed 1.1 (for primary particles) and the proportion of multiplets (doublets and triplets) in a test particle atmosphere shall not exceed 10 percent. The particle delivery system shall consist of a blower system and a wind tunnel having a test section of sufficiently large cross-sectional area such that the test sampler, or portion thereof, as installed in the test section for testing, blocks no more than 15 percent of that area. To be acceptable, the blower system must be capable of achieving uniform wind speeds at the speeds specified in table D-2.
(b) The size of the test particles delivered to the test section of the wind tunnel shall be established using the operating parameters of the vibrating orifice aerosol generator and shall be verified during the tests by microscopic examination of samples of the particles collected on glass slides or other suitable substrates. When sizing liquid particles on glass slides, the slides should be pretreated with an oleophobic surfactant and an appropriate flattening factor shall be used in the calculation of aerodynamic diameter. The particle size, as established by the operating parameters of the vibrating orifice aerosol generator, shall be within the tolerance specified in table D-2. The precision of the particle size verification technique shall be 0.5 μm or better, and particle size determined by the verification technique shall not differ by more than 0.5 μm or 10 percent, whichever is higher, from that established by the operating parameters of the vibrating orifice aerosol generator.
(c) The population of multiplets in a test particle atmosphere shall be determined during the tests and shall not exceed 10 percent. Solid particles shall be checked for dryness and evidence of breakage or agglomeration during the microscopic examination. If the solid particles in a test atmosphere are wet or show evidence of significant breakage or agglomeration (μ5 percent), the solid particle test atmosphere is unacceptable for purposes of these tests.
(d) The concentration of particles in the wind tunnel is not critical. However, the cross-sectional uniformity of the particle concentration in the sampling zone of the test section shall be established during the tests using isokinetic samplers. An array of not less than five evenly spaced isokinetic samplers shall be used to determine the particle concentration uniformity in the sampling zone. If the particle concentration measured by any single isokinetic sampler in the sampling zone differs by more than 10 percent from the mean concentration, the particle delivery system is unacceptable in terms of uniformity of particle concentration. The sampling zone shall be a rectangular area having a horizontal dimension not less than 1.2 times the width of the test sampler at its inlet opening and a vertical dimension not less than 25 centimeters. The sampling zone is an area in the test section of the wind tunnel that is horizontally and vertically symmetrical with respect to the test sampler inlet opening.
(e) The wind speed in the wind tunnel shall be determined during the tests using an appropriate technique capable of a precision of 5 percent or better (e.g., hot-wire anemometry). The mean wind speed in the test section of the wind tunnel during the tests shall be within 10 percent of the value specified in table D-2. The wind speed measured at any test point in the test section shall not differ by more than 10 percent from the mean wind speed in the test section. The turbulence intensity (longitudinal component and macroscale) in the test section shall be determined during the tests using an appropriate technique (e.g., hot-wire anemometry).
(f) The accuracy of all flow measurements used to calculate the test atmosphere concentrations and the test results shall be documented to be within
(g) Schematic drawings of the particle delivery system (wind tunnel and blower system) and other information showing complete procedural details of the test atmosphere generation, verification, and delivery techniques
(a)
(2)
(ii) Generate particles of a size and type specified in table D-2 using a vibrating orifice aerosol generator. Check for the presence of satellites and adjust the generator as necessary. Calculate the aerodynamic particle size using the operating parameters of the vibrating orifice aerosol generator and record. The calculated aerodynamic diameter must be within the tolerance specified in table D-2.
(iii) Collect a sample of the particles on a glass slide or other suitable substrate at the particle injection point. If a glass slide is used, it should be pretreated with an appropriate oleophobic surfactant when collecting liquid particles. Use a microscopic technique to size a minimum of 25 primary particles in three viewing fields (do not include multiplets). Determine the geometric mean aerodynamic diameter and geometric standard deviation using the bulk density of the particle type (and an appropriate flattening factor for liquid particles if collected on a glass slide). The measured geometric mean aerodynamic diameter must be within 0.5 μm or 10 percent of the aerodynamic diameter calculated from the operating parameters of the vibrating orifice aerosol generator. The geometric standard deviation must not exceed 1.1.
(iv) Determine the population of multiplets (doublets and triplets) in the collected sample by counting a minimum of 100 particles in three viewing fields. The multiplet population of the particle test atmosphere must not exceed 10 percent.
(v) Introduce the particles into the wind tunnel and allow the particle concentration to stabilize.
(vi) Install an array of five or more evenly spaced isokinetic samplers in the sampling zone (see § 53.42(d)) of the wind tunnel. Collect particles on appropriate filters (e.g., glass fiber) over a time period such that the relative error of the measured particle concentration is less than 5 percent. Relative error is defined as (p×100%)/(X), where p is the precision of the fluorometer on the appropriate range, X is the measured concentration, and the units of p and X are the same.
(vii) Determine the quantity of material collected with each isokinetic sampler in the array using a calibrated fluorometer. Calculate and record the mass concentration for each isokinetic sampler as:
(viii) Calculate and record the mean mass concentration as:
(ix) Calculate and record the coefficient of variation of the mass concentration measurements as:
(x) If a single isokinetic sampler is used, install the sampler in the wind tunnel with the sampler nozzle centered in the sampling zone (see § 53.42(d)). Collect particles on an appropriate filter (e.g., glass fiber) for a time period such that the relative error of the measured concentration (as defined in step (vi)) is less than 5 percent. Determine the quantity of material collected with the isokinetic sampler using a calibrated fluorometer. Calculate and record the mass concentration as C
(xi) Install the test sampler (or portion thereof) in the wind tunnel with the sampler inlet opening centered in the sampling zone (see § 53.42(d)). To meet the maximum blockage limit of § 53.42(a) or for convenience, part of the test sampler may be positioned external to the wind tunnel provided that neither the geometry of the sampler nor the length of any connecting tube or pipe is altered. Collect particles on an appropriate filter or filters (e.g., glass fiber) for a time period such that the relative error of the measured concentration (as defined in step (vi)) is less than 5 percent.
(xii) Determine the quantity of material collected with the test sampler using a calibrated fluorometer. Calculate and record the mass concentration as:
(xiii) Calculate and record the sampling effectiveness of the test sampler as:
If a single isokinetic sampler is used for the determination of particle mass concentration, replace C
(xiv) Remove the test sampler from the wind tunnel. Repeat steps (vi) through (xiii), as appropriate, to obtain a minimum of three replicate measurements of sampling effectiveness.
(xv) Calculate and record the average sampling effectiveness of the test sampler as:
(xvi) Calculate and record the coefficient of variation for the replicate sampling effectiveness measurements of the test sampler as:
(xvii) Repeat steps i through xvi for each wind speed, particle size, and particle type specified in table D-2.
(xviii) For each of the three wind speeds (nominally 2, 8, and 24 km/hr), correct the liquid particle sampling effectiveness data for the presence of multiplets (doublets and triplets) in the test particle atmospheres.
(xix) For each wind speed, plot the corrected liquid particle sampling effectiveness of the test sampler (E
(xx) For each wind speed, calculate the expected mass concentration for the test sampler under the assumed particle size distribution and compare it to the mass concentration predicted for the ideal sampler, as follows:
(A) Extrapolate the upper and lower ends of the corrected liquid particle sampling effectiveness curve to 100 percent and 0 percent, respectively, using smooth curves. Assume that E
(B) Determine the value of E
(C) Multiply the values of E
(D) Sum the values in column 4 and enter the total as the expected mass concentration for the test sampler at the bottom of column 4 of table D-3.
(E) Calculate and record the percent difference in expected mass concentration between the test sampler and the ideal sampler as:
(F) The candidate method passes the liquid particle sampling effectiveness test if the
(xxi) For each of the two wind speeds (nominally 8 and 24 km/hr), calculate the difference between the average sampling effectiveness value for the 25 μm solid particles and the average sampling effectiveness value for the 25 μm liquid particles (uncorrected for multiplets).
(xxii) The candidate method passes the solid particle sampling effectiveness test if each such difference meets the specification in table D-1.
(b)
(2)
(ii) The candidate method passes the 50 percent cutpoint test if the D
(c)
(2)
For candidate equivalent methods, this test may be used to satisfy part of the requirements of subpart C of this chapter. In that case, three reference method samplers are also used at the test site, measurements with the candidate and reference methods are compared as specified in § 53.34, and the test site must meet the requirements of § 53.30(b).
(ii) Measure the PM
(iii) For each test day, calculate and record the average of the three measured PM
(iv) Calculate and record the precision for each of the 10 test days as:
(v) The candidate method passes the precision test if all 10 P
(d)
(2)
(ii) For each sampler and for each test day, calculate and record the average flow rate as:
(iii) For each sampler and for each test day, calculate and record the percent difference between the average flow rate and the initial flow rate as:
(iv) For each sampler and for each of the 3 test days on which flow measurements were obtained at 6-hour intervals throughout the 24-hour sampling period, calculate and record the percent differences between each measured flow rate and the initial flow rate as:
(v) The candidate method passes the flow rate stability test if all of the
(a) This subpart sets forth the specific tests that must be carried out and the test results, evidence, documentation, and other materials that must be provided to EPA to demonstrate that a PM
(b) Samplers associated with candidate reference methods for PM
(c) The provisions of § 53.51 pertain to test results and documentation required to demonstrate compliance of a candidate method sampler with the design specifications set forth in 40 CFR part 50, appendix L. The test procedures prescribed in §§ 53.52 through 53.59 pertain to performance tests required to demonstrate compliance of a candidate method sampler with the performance specifications set forth in 40 CFR part 50, appendix L, as well as additional requirements specified in this subpart E. These latter test procedures shall be used to test the performance of candidate samplers against the performance specifications and requirements specified in each procedure and summarized in table E-1 of this subpart.
(d) Test procedures prescribed in § 53.59 do not apply to candidate reference method samplers. These procedures apply primarily to candidate Class I equivalent method samplers for PM
(e) A 10-day operational field test of measurement precision is required under § 53.58 for both candidate reference and equivalent method samplers. This test requires collocated operation of three candidate method samplers at a field test site. For candidate
(f) All tests and collection of test data shall be performed in accordance with the requirements of reference 1, section 4.10.5 (ISO 9001) and reference 2, part B, section 3.3.1, paragraphs 1 and 2 and part C, section 4.6 (ANSI/ASQC E4) in appendix A of this subpart. All test data and other documentation obtained specifically from or pertinent to these tests shall be identified, dated, signed by the analyst performing the test, and submitted to EPA in accordance with subpart A of this part.
(a)
(2) In addition, specific tests are required to verify that two critical features of reference method samplers impactor jet diameter and the surface finish of surfaces specified to be anodized meet the specifications of 40 CFR part 50, appendix L. A checklist is required to provide certification by an ISO-certified auditor that all performance and other required tests have been properly and appropriately conducted, based on a reasonable and appropriate sample of the actual operations or their documented records. Following designation of the method, another checklist is required, initially and annually, to provide an ISO-certified auditor's certification that the sampler manufacturing process is being implemented under an adequate and appropriate quality system.
(3) For the purposes of this section, the definitions of ISO 9001-registered facility and ISO-certified auditor are found in § 53.1. An exception to the reliance by EPA on ISO-certified auditors is the requirement for the submission of the operation or instruction manual associated with the candidate method to EPA as part of the application. This manual is required under § 53.4(b)(3). EPA has determined that acceptable technical judgment for review of this manual may not be assured by ISO-certified auditors, and approval of this manual will therefore be performed by EPA.
(b)
(2) Phase-in period. For a period of 1 year following the effective date of this
(c)
(d)
(2)
(e)
(f)
(1)
(2)
(3)
(a)
(b)
(2) Internal leakage is the total sample air flow rate that passes through the filter holder assembly without passing through the sample filter.
(c)
(2) Flow rate measurement adaptor (40 CFR part 50, appendix L, figure L-30) or equivalent adaptor to facilitate measurement of sampler flow rate at the top of the downtube.
(3) Impermeable membrane or disk, 47 mm nominal diameter.
(4) Means, such as a micro-valve, of providing a simulated leak flow rate through the sampler of approximately 80 mL/min under the conditions specified for the leak check in the sampler's leak check procedure.
(5) Teflon sample filter, as specified in section 6 of 40 CFR part 50, appendix L.
(d)
(e)
(2) The flow rate control device shall be set up to provide a constant, controlled flow rate of 80 mL/min into the sampler downtube under the conditions specified for the leak check in the sampler's leak check procedure.
(3) The flow rate measurement device shall be set up to measure the controlled flow rate of 80 mL/min into the sampler downtube under the conditions specified for the leak check in the sampler's leak check procedure.
(f)
(2) Replace the impermeable membrane with a Teflon filter and install the cassette in the sampler. Remove the inlet from the sampler and install the flow measurement adaptor on the sampler's downtube. Close the valve of the adaptor to seal the flow system. Conduct the external leak check procedure as described in the sampler's operation/instruction manual and verify that the leak check acceptance criteria specified in table E-1 of this subpart are met.
(3) Arrange the flow control device, flow rate measurement device, and other apparatus as necessary to provide a simulated leak flow rate of 80 mL/min into the test sampler through the downtube during the specified external leak check procedure. Carry out the external leak check procedure as described in the sampler's operation/instruction manual but with the simulated leak of 80 mL/min.
(g)
(1) That the leak check procedure indicates no significant external or internal leaks in the test sampler when no simulated leaks are introduced.
(2) That the leak check procedure properly identifies the occurrence of the simulated external leak of 80 mL/min.
(a)
(b)
(2) The flow rate cut-off function requires the sampler to automatically stop sample flow and terminate the current sample collection if the sample flow rate deviates by more than the variation limits specified in table E-1 of this subpart (
(c)
(2) Ambient air temperature sensor, with a resolution of 0.1 °C and certified to be accurate to within 0.5 °C (if needed). If the certified flow meter does not provide direct volumetric flow rate readings, ambient air temperature measurements must be made using continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(3) Barometer, range 600 mm Hg to 800 mm Hg, certified accurate to 2 mm Hg (if needed). If the certified flow meter does not provide direct volumetric flow rate readings, ambient pressure measurements must be made using continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(4) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-30) or equivalent adaptor to facilitate measurement of sample flow rate at the sampler downtube.
(5) Valve or other means to restrict or reduce the sample flow rate to a value at least 10 percent below the design flow rate (16.67 L/min). If appropriate, the valve of the flow measurement adaptor may be used for this purpose.
(6) Means for creating an additional pressure drop of 55 mm Hg in the sampler to simulate a heavily loaded filter, such as an orifice or flow restrictive plate installed in the filter holder or a valve or other flow restrictor temporarily installed in the flow path near the filter.
(7) Teflon sample filter, as specified in section 6 of 40 CFR part 50, appendix L (if required).
(d)
(e)
(2) The inlet of the candidate sampler shall be removed and the flow measurement adaptor installed on the sampler's downtube. A leak check as described in the sampler's operation or instruction manual shall be conducted and must be properly passed before other tests are carried out.
(3) The inlet of the flow measurement adaptor shall be connected to the outlet of the flow rate meter.
(4) For the flow rate cut-off test, the valve or means for reducing sampler flow rate shall be installed between the flow measurement adaptor and the downtube or in another location within the sampler such that the sampler flow
(f)
(2) During the 6-hour operational flow rate portion of the test, measure and record the sample flow rate with the flow rate meter at intervals not to exceed 5 minutes. If ambient temperature and pressure corrections are necessary to calculate volumetric flow rate, ambient temperature and pressure shall be measured at the same frequency as that of the certified flow rate measurements. Note and record the actual start and stop times for the 6-hour flow rate test period.
(3) Following completion of the 6-hour flow rate test period, install the flow rate reduction device and change the sampler flow rate recording frequency to intervals of not more than 30 seconds. Reset the sampler to start a new sample collection period. Manually restrict the sampler flow rate such that the sampler flow rate is decreased slowly over several minutes to a flow rate slightly less than the flow rate cut-off value (15.0 L/min). Maintain this flow rate for at least 2.0 minutes or until the sampler stops the sample flow automatically. Manually terminate the sample period, if the sampler has not terminated it automatically.
(g)
(1)
(ii)(A) Calculate the percent difference between this mean flow rate value and the design value of 16.67 L/min, as follows:
(B) To successfully pass the mean flow rate test, the percent difference calculated in Equation 2 of this paragraph (g)(1)(ii) must be within
(2)
(ii) To successfully pass the flow rate regulation test, the calculated coefficient of variation for the certified flow rates must not exceed 2 percent.
(3)
(ii) To successfully pass the flow rate measurement accuracy test, the percent difference calculated in Equation
(4)
(ii) To successfully pass the flow rate CV measurement accuracy test, the absolute difference in values calculated in Equation 5 of this paragraph (g)(4) must not exceed 0.3 (CV%).
(5)
(ii) At the completion of the flow rate cut-off test, download the archived data from the test sampler and verify that the sampler's required Flow-out-of-spec and Incorrect sample period flag indicators are properly set.
(a)
(i) Proper flow rate performance of the sampler.
(ii) Accuracy of the sampler's average flow rate, CV, and sample volume measurements.
(iii) Accuracy of the sampler's reported elapsed sampling time.
(iv) Accuracy of the reported time and duration of power interruptions.
(2) This test shall be conducted during operation of the test sampler over a continuous 6-hour test period during which the sampler's flow rate shall be measured and recorded at intervals not to exceed 5 minutes. The performance parameters tested under this procedure, the corresponding minimum performance specifications, and the applicable test conditions are summarized in table E-1 of this subpart. Each performance parameter tested, as described or determined in the test procedure, must meet or exceed the associated performance specification to successfully pass this test.
(b)
(2) Ambient air temperature sensor (if needed for volumetric corrections to flow rate measurements), with a resolution of 0.1 °C, certified accurate to within 0.5 °C, and continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(3) Barometer (if needed for volumetric corrections to flow rate measurements), range 600 mm Hg to 800 mm Hg, certified accurate to 2 mm Hg, with continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(4) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-30) or equivalent adaptor to facilitate measurement of sample flow rate at the sampler downtube.
(5) Means for creating an additional pressure drop of 55 mm Hg in the sampler to simulate a heavily loaded filter, such as an orifice or flow restrictive
(6) Teflon sample filter, as specified in section 6 of 40 CFR part 50, appendix L (if required).
(7) Time measurement system, accurate to within 10 seconds per day.
(c)
(d)
(2) The inlet of the candidate sampler shall be removed and the flow measurement adaptor installed on the sample downtube. A leak check as described in the sampler's operation or instruction manual shall be conducted and must be properly passed before other tests are carried out.
(3) The inlet of the flow measurement adaptor shall be connected to the outlet of the flow rate meter.
(e)
(2) During the entire 6-hour operational flow rate portion of the test, measure and record the sample flow rate with the flow rate meter at intervals not to exceed 5 minutes. If ambient temperature and pressure corrections are necessary to calculate volumetric flow rate, ambient temperature and pressure shall be measured at the same frequency as that of the certified flow rate measurements. Note and record the actual start and stop times for the 6-hour flow rate test period.
(3) During the 6-hour test period, interrupt the AC line electrical power to the sampler 5 times, with durations of 20 seconds, 40 seconds, 2 minutes, 7 minutes, and 20 minutes (respectively), with not less than 10 minutes of normal electrical power supplied between each power interruption. Record the hour and minute and duration of each power interruption.
(4) At the end of the test, terminate the sample period (if not automatically terminated by the sampler) and download all archived instrument data from the test sampler.
(f)
(1)
(ii)(A) Calculate the percent difference between this mean flow rate value and the design value of 16.67 L/min, as follows:
(B) To successfully pass this test, the percent difference calculated in Equation 7 of this paragraph (f)(1)(ii) must be within
(2)
(ii) To successfully pass this test, the calculated coefficient of variation for the certified flow rates must not exceed 2 percent.
(3)
(ii) To successfully pass this test, the percent difference calculated in Equation 9 of this paragraph (f)(3) shall not exceed 2 percent.
(4)
(ii) To successfully pass this test, the absolute difference in values calculated in Equation 10 of this paragraph (f)(4) must not exceed 0.3 (CV%).
(5) Verify that the sampler properly provided a record and visual display of the correct year, month, day-of-month, hour, and minute with an accuracy of
(6) Calculate the actual elapsed sample time, excluding the periods of electrical power interruption. Verify that the elapsed sample time reported by the sampler is accurate to within
(7) Calculate the sample volume as Q
(8) Inspect the downloaded instrument data from the test sampler and verify that all data are consistent with normal operation of the sampler.
(a)
(i) Sample flow rate.
(ii) Flow rate regulation.
(iii) Flow rate measurement accuracy.
(iv) Coefficient of variability measurement accuracy.
(v) Ambient air temperature measurement accuracy.
(vi) Proper operation of the sampler when exposed to power line voltage and ambient temperature extremes.
(2) The performance parameters tested under this procedure, the corresponding minimum performance specifications, and the applicable test conditions are summarized in table E-1 of this subpart. Each performance parameter tested, as described or determined in the test procedure, must meet or exceed the associated performance specification given. The candidate sampler must meet all specifications for the associated PM
(b)
(c)
(2) Variable voltage AC power transformer, range 100 Vac to 130 Vac, with sufficient current capacity to operate the test sampler continuously under the test conditions.
(3) Flow rate meter, suitable for measuring and recording the actual volumetric sample flow rate at the sampler downtube, with a minimum range of 10 to 25 actual L/min, 2 percent certified, NIST-traceable accuracy. Optional capability for continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes is recommended. While a flow meter which provides a direct indication of volumetric flow rate is preferred for this test, an alternative certified flow measurement device may be used as long as appropriate volumetric flow rate corrections are made based on measurements of actual ambient temperature and pressure conditions.
(4) Ambient air temperature recorder, range −30 °C to =50 °C, with a resolution of 0.1 °C and certified accurate to within 0.5 °C. Ambient air temperature measurements must be made using continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(5) Barometer, range 600 mm Hg to 800 mm Hg, certified accurate to 2 mm Hg. If the certified flow rate meter does not provide direct volumetric flow rate readings, ambient pressure measurements must be made using continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(6) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-30) or equivalent adaptor to facilitate measurement of sampler flow rate at the sampler downtube.
(7) Means for creating an additional pressure drop of 55 mm Hg in the sampler to simulate a heavily loaded filter, such as an orifice or flow restrictive plate installed in the filter holder or a valve or other flow restrictor temporarily installed in the flow path near the filter.
(8) AC RMS voltmeter, accurate to 1.0 volt.
(9) Teflon sample filter, as specified in section 6 of 40 CFR part 50, appendix L (if required).
(d)
(e)
(2) The inlet of the candidate sampler shall be removed and the flow measurement adaptor installed on the sampler's downtube. A leak check as described in the sampler's operation or instruction manual shall be conducted and must be properly passed before other tests are carried out.
(3) The inlet of the flow measurement adaptor shall be connected to the outlet of the flow rate meter.
(4) The ambient air temperature recorder shall be installed in the test chamber such that it will accurately measure the temperature of the air in the vicinity of the candidate sampler without being unduly affected by the chamber's air temperature control system.
(f)
(2) The test shall consist of four test runs, one at each of the following conditions of chamber temperature and electrical power line voltage (respectively):
(i) −20 °C
(ii) −20 °C
(iii) =40 °C
(iv) =40 °C
(3) For each of the four test runs, set the selected chamber temperature and power line voltage for the test run. Upon achieving each temperature setpoint in the chamber, the candidate sampler and flow meter shall be thermally equilibrated for a period of at least 2 hours prior to the test run. Following the thermal conditioning time, set the sampler to automatically start a 6-hour sample collection period at a convenient time.
(4) During each 6-hour test period:
(i) Measure and record the sample flow rate with the flow rate meter at intervals not to exceed 5 minutes. If ambient temperature and pressure corrections are necessary to calculate volumetric flow rate, ambient temperature and pressure shall be measured at the same frequency as that of the certified flow rate measurements. Note and record the actual start and stop times for the 6-hour flow rate test period.
(ii) Determine and record the ambient (chamber) temperature indicated by the sampler and the corresponding ambient (chamber) temperature measured by the ambient temperature recorder specified in paragraph (c)(4) of this section at intervals not to exceed 5 minutes.
(iii) Measure the power line voltage to the sampler at intervals not greater than 1 hour.
(5) At the end of each test run, terminate the sample period (if not automatically terminated by the sampler) and download all archived instrument data from the test sampler.
(g)
(1)
(ii)(A) Calculate the percent difference between this mean flow rate value and the design value of 16.67 L/min, as follows:
(B) To successfully pass this test, the percent difference calculated in Equation 12 of this paragraph (g)(1)(ii) must be within
(2)
(ii) To successfully pass this test, the calculated coefficient of variation for the certified flow rates must not exceed 2 percent.
(3)
(ii) To successfully pass this test, the percent difference calculated in Equation 14 of this paragraph (g)(3) shall not exceed 2 percent for each test run.
(4)
(ii) To successfully pass this test, the absolute difference calculated in Equation 15 of this paragraph (g)(4) must not exceed 0.3 (CV%) for each test run.
(5)
(ii) The calculated temperature difference must be less than 2 °C for each test run.
(6)
(i) The sampler must not shutdown during any portion of the 6-hour test.
(ii) An inspection of the downloaded data from the test sampler verifies that all the data are consistent with normal operation of the sampler.
(a)
(i) Sample flow rate.
(ii) Flow rate regulation.
(iii) Flow rate measurement accuracy.
(iv) Coefficient of variability measurement accuracy.
(v) Ambient pressure measurement accuracy.
(vi) Proper operation of the sampler when exposed to ambient pressure extremes.
(2) The performance parameters tested under this procedure, the corresponding minimum performance specifications, and the applicable test conditions are summarized in table E-1 of this subpart. Each performance parameter tested, as described or determined in the test procedure, must meet or exceed the associated performance specification given. The candidate sampler must meet all specifications for the associated PM
(b)
(c)
(2) Flow rate meter, suitable for measuring and recording the actual volumetric sampler flow rate at the sampler downtube, with a minimum range of 10 to 25 L/min, 2 percent certified, NIST-traceable accuracy. Optional capability for continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes is recommended. While a flow meter which provides a direct indication of volumetric flow rate is preferred for this test, an alternative certified flow measurement device may be used as long as appropriate volumetric flow rate corrections are made based on measurements of actual ambient temperature and pressure conditions.
(3) Ambient air temperature recorder (if needed for volumetric corrections to flow rate measurements) with a range −30 °C to =50 °C, certified accurate to within 0.5 °C. If the certified flow meter does not provide direct volumetric flow rate readings, ambient temperature measurements must be made using continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(4) Barometer, range 600 mm Hg to 800 mm Hg, certified accurate to 2 mm Hg. Ambient air pressure measurements must be made using continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(5) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-30) or equivalent adaptor to facilitate measurement of sampler flow rate at the sampler downtube.
(6) Means for creating an additional pressure drop of 55 mm Hg in the sampler to simulate a heavily loaded filter, such as an orifice or flow restrictive plate installed in the filter holder or a valve or other flow restrictor temporarily installed in the flow path near the filter.
(7) Teflon sample filter, as specified in section 6 of 40 CFR part 50, appendix L (if required).
(d)
(e)
(2) The inlet of the candidate sampler shall be removed and the flow measurement adaptor installed on the sampler's downtube. A leak check as described in the sampler's operation or instruction manual shall be conducted and must be properly passed before other tests are carried out.
(3) The inlet of the flow measurement adaptor shall be connected to the outlet of the flow rate meter.
(4) The barometer shall be installed in the test chamber such that it will accurately measure the air pressure to which the candidate sampler is subjected.
(f)
(2) The test shall consist of two test runs, one at each of the following conditions of chamber pressure:
(i) 600 mm Hg.
(ii) 800 mm Hg.
(3) For each of the two test runs, set the selected chamber pressure for the test run. Upon achieving each pressure setpoint in the chamber, the candidate sampler shall be pressure-equilibrated for a period of at least 30 minutes prior to the test run. Following the conditioning time, set the sampler to automatically start a 6-hour sample collection period at a convenient time.
(4) During each 6-hour test period:
(i) Measure and record the sample flow rate with the flow rate meter at intervals not to exceed 5 minutes. If ambient temperature and pressure corrections are necessary to calculate volumetric flow rate, ambient temperature and pressure shall be measured at the same frequency as that of the certified flow rate measurements. Note and record the actual start and stop times for the 6-hour flow rate test period.
(ii) Determine and record the ambient (chamber) pressure indicated by the sampler and the corresponding ambient (chamber) pressure measured by the barometer specified in paragraph (c)(4) of this section at intervals not to exceed 5 minutes.
(5) At the end of each test period, terminate the sample period (if not automatically terminated by the sampler) and download all archived instrument data for the test run from the test sampler.
(g)
(1)
(ii)(A) Calculate the percent difference between this mean flow rate value and the design value of 16.67 L/min, as follows:
(B) To successfully pass this test, the percent difference calculated in Equation 18 of this paragraph (g)(1) must be within
(2)
(ii) To successfully pass this test, the calculated coefficient of variation for the certified flow rates must not exceed 2 percent.
(3)
(ii) To successfully pass this test, the percent difference calculated in Equation 20 of this paragraph (g)(3) shall not exceed 2 percent for each test run.
(4)
(ii) To successfully pass this test, the absolute difference in values calculated in Equation 21 of this paragraph (g)(4) must not exceed 0.3 (CV%) for each test run.
(5)
(ii) The calculated pressure difference must be less than 10 mm Hg for each test run to pass the test.
(6)
(i) The sampler must not shut down during any part of the 6-hour tests; and
(ii) An inspection of the downloaded data from the test sampler verifies that all the data are consistent with normal operation of the sampler.
(a)
(b)
(c)
(2) Ambient air temperature recorder, range −30 °C to =50 °C, with a resolution of 0.1 °C and certified accurate to within 0.5 °C. Ambient air temperature measurements must be made using continuous (analog) recording capability or digital recording at intervals not to exceed 5 minutes.
(3) Flow measurement adaptor (40 CFR part 50, appendix L, figure L-30) or equivalent adaptor to facilitate measurement of sampler flow rate at the sampler downtube.
(4) Miniature temperature sensor(s), capable of being installed in the sampler without introducing air leakage and capable of measuring the sample air temperature within 1 cm of the center of the filter, downstream of the filter; with a resolution of 0.1 °C, certified accurate to within 0.5 °C, NIST-traceable, with continuous (analog) recording capability or digital recording at intervals of not more than 5 minutes.
(5) Solar radiometer, to measure the intensity of the simulated solar radiation in the test environment, range of 0 to approximately 1500 W/m
(6) Sample filter or filters, as specified in section 6 of 40 CFR part 50, appendix L.
(d)
(e)
(2) The miniature temperature sensor shall be temporarily installed in the test sampler such that it accurately measures the air temperature 1 cm from the center of the filter on the downstream side of the filter. The sensor shall be installed such that no external or internal air leakage is created by the sensor installation. The sensor's dimensions and installation shall be selected to minimize temperature measurement uncertainties due to thermal conduction along the sensor mounting structure or sensor conductors. For sequential samplers, similar temperature sensors shall also be temporarily installed in the test sampler to monitor the temperature 1 cm from the center of each filter stored in the sampler for sequential sample operation.
(3) The solar radiant energy source shall be installed in the test chamber such that the entire test sampler is irradiated in a manner similar to the way it would be irradiated by solar radiation if it were located outdoors in an open area on a sunny day, with the radiation arriving at an angle of between 30° and 45° from vertical. The intensity of the radiation received by all sampler surfaces that receive direct radiation shall average 1000
(4) The solar radiometer shall be installed in a location where it measures thermal radiation that is generally representative of the average thermal radiation intensity that the upper portion of the sampler and sampler inlet receive. The solar radiometer shall be oriented so that it measures the radiation in a plane perpendicular to its angle of incidence.
(5) The ambient air temperature recorder shall be installed in the test chamber such that it will accurately measure the temperature of the air in the chamber without being unduly affected by the chamber's air temperature control system or by the radiant energy from the solar radiation source that may be present inside the test chamber.
(f)
(2) Remove the inlet of the candidate test sampler and install the flow measurement adaptor on the sampler's downtube. Conduct a leak check as described in the sampler's operation or instruction manual. The leak test must be properly passed before other tests are carried out.
(3) Remove the flow measurement adaptor from the downtube and re-install the sampling inlet.
(4) Activate the solar radiation source and verify that the resulting energy distribution prescribed in table E-2 of this subpart is achieved.
(5) Program the test sampler to conduct a single sampling run of 4 continuous hours. During the 4-hour sampling run, measure and record the radiant flux, ambient temperature, and filter temperature (all filter temperatures for sequential samplers) at intervals not to exceed 5 minutes.
(6) At the completion of the 4-hour sampling phase, terminate the sample period, if not terminated automatically by the sampler. Continue to measure and record the radiant flux, ambient temperature, and filter temperature or temperatures for 4 additional hours at intervals not to exceed 5 minutes. At the completion of the 4-hour post-sampling period, discontinue the measurements and turn off the solar source.
(7) Download all archived sampler data from the test run.
(g)
(1)
(ii) To successfully pass the indicated filter temperature accuracy test, the calculated difference between the measured means (T
(2)
(ii) To successfully pass the indicated ambient temperature accuracy test, the calculated difference between the measured means (T
(3)
(ii) Tabulate and inspect the calculated differences as a function of time. To successfully pass the indicated filter temperature control test, the calculated difference between the measured values must not exceed 5 °C for any consecutive intervals covering more than a 30-minute time period.
(iii) For sequential samplers, repeat the test calculations for each of the stored sequential sample filters. All stored filters must also meet the 5 °C temperature control test.
(a)
(b)
(2) Storage deposition is defined as the mass of material inadvertently deposited on a sample filter that is stored in a sequential sampler either prior to or subsequent to the active sample collection period.
(c)
(d)
(2) Teflon sample filters, as specified in section 6 of 40 CFR part 50, appendix L, conditioned and preweighed as required by section 8 of 40 CFR part 50, appendix L, as needed for the test samples.
(e)
(2) Each test sampler shall be successfully leak checked, calibrated, and set up for normal operation in accordance with the instruction manual and with any applicable supplemental guidance provided in reference 3 in appendix A of this subpart.
(f)
(2) Collect either a 24-hour or a 48-hour atmospheric PM
(3) Following sample collection, retrieve the collected sample from each sampler. For sequential samplers, retrieve the additional stored (blank, unsampled) filters after at least 5 days (120 hours) storage in the sampler if the active samples are 24-hour samples, or after at least 10 days (240 hours) if the active samples are 48-hour samples.
(4) Determine the measured PM
(5) Repeat this procedure to obtain a total of 10 sets of any combination of
(g)
(2)(i) For each test period, calculate and record the average of the three measured PM
(ii) If C
(3)(i) Calculate and record the precision for each of the 10 test days as:
(ii) If C
(iii) If C
(h)
(2) The candidate sequential sampler passes the blank filter storage deposition test if the average net storage deposition weight gain of each set of blank filters (total of the net weight gain of each blank filter divided by the number of filters in the set) from each test sampler (six sets in all) is less than 50 μg.
(a)
(b)
(2) The active sample filter is the exclusive filter through which sample air is flowing during performance of this test.
(3) A no-flow filter is a sample filter through which no sample air is intended to flow during performance of this test.
(4) A channel is any of two or more flow paths that the aerosol may take, only one of which may be active at a time.
(5) An added component is any physical part of the sampler which is different in some way from that specified for a reference method sampler in 40 CFR part 50, appendix L, such as a device or means to allow or cause the aerosol to be routed to one of several channels.
(c)
(2) Aerosol delivery system, as specified in § 53.64(c)(2).
(3) Particle size verification equipment, as specified in § 53.62(c)(3).
(4) Fluorometer, as specified in § 53.62(c)(7).
(5) Candidate test sampler, with the inlet and impactor or impactors removed, and with all internal surfaces of added components electroless nickel coated as specified in § 53.64(d)(2).
(6) Filters that are appropriate for use with fluorometric methods (e.g., glass fiber).
(d)
(e)
(2) The test particle delivery system shall be connected to the sampler downtube so that the test aerosol is introduced at the top of the downtube.
(f)
(2) Generate aerosol. (i) Generate aerosol composed of oleic acid with a uranine fluorometric tag of 3
(ii) Check for the presence of satellites and adjust the generator to minimize their production.
(iii) Calculate the aerodynamic particle size using the operating parameters of the vibrating orifice aerosol generator. The calculated aerodynamic diameter must be 3
(3) Verify the particle size according to procedures specified in § 53.62(d)(4)(i).
(4) Collect particles on filters for a time period such that the relative error of the resulting measured fluorometric concentration for the active filter is less than 5 percent.
(5) Determine the quantity of material collected on the active filter using a calibrated fluorometer. Record the mass of fluorometric material for the active filter as M
(6) Determine the quantity of material collected on each no-flow filter using a calibrated fluorometer. Record the mass of fluorometric material on each no-flow filter as M
(7) Using 0.01 N NaOH, wash the surfaces of the added component or components which contact the aerosol flow. Determine the quantity of material collected using a calibrated fluorometer. Record the mass of fluorometric material collected in the wash as M
(8) Calculate the aerosol transport as:
(9) Repeat paragraphs (f)(1) through (8) of this section for each channel, making each channel in turn the exclusive active channel.
(g)
(1) Quality systems—Model for quality assurance in design, development, production, installation and servicing, ISO 9001. July 1994. Available from American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee, WI 53202.
(2) American National Standard—Specifications and Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology Programs. ANSI/ASQC E4-1994. January 1995. Available from American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee, WI 53202.
(3) Copies of section 2.12 of the Quality Assurance Handbook for Air Pollution Measurement Systems, Volume II, Ambient Air Specific Methods, EPA/600/R-94/038b, are available from Department E (MD-77B), U.S. EPA, Research Triangle Park, NC 27711.
(4) Military standard specification (mil. spec.) 8625F, Type II, Class 1 as listed in Department of Defense Index of Specifications and Standards (DODISS), available from DODSSP-Customer Service, Standardization Documents Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 1911-5094.
(5) Quality Assurance Handbook for Air Pollution Measurement Systems, Volume IV: Meteorological Measurements. Revised March, 1995. EPA-600/R-94-038d. Available from U.S. EPA, ORD Publications Office, Center for Environmental Research Information (CERI), 26 West Martin Luther King Drive, Cincinnati, Ohio 45268-1072 (513-569-7562).
(6) Military standard specification (mil. spec.) 810-E as listed in Department of Defense Index of Specifications and Standards (DODISS), available from DODSSP-Customer Service, Standardization Documents Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 1911-5094.
(a) This subpart sets forth the specific requirements that a PM
(b) A candidate method described in an application for a reference or equivalent method application submitted under § 53.4 shall be determined by the EPA to be a Class II candidate equivalent method on the basis of the definition of a Class II equivalent method given in § 53.1.
(c) Any sampler associated with a Class II candidate equivalent method (Class II sampler) must meet all requirements for reference method samplers and Class I equivalent method samplers specified in subpart E of this part, as appropriate. In addition, a Class II sampler must meet the additional requirements as specified in paragraph (d) of this section.
(d) Except as provided in paragraphs (d) (1), (2), and (3) of this section, all Class II samplers are subject to the additional tests and performance requirements specified in § 53.62 (full wind tunnel test), § 53.65 (loading test), and § 53.66 (volatility test). Alternative tests and performance requirements, as described in paragraphs (d)(1), (2), and (3) of this section, are optionally available for certain Class II samplers which meet the requirements for reference method or Class I samplers given in 40 CFR part 50, appendix L, and in subpart E of this part, except for specific deviations of the inlet, fractionator, or filter.
(1)
(2)
(3)
(e)
(f)
(2)
(3)
(4)
(5)
(g)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(i) The physical diameter of a generated spherical particle can be calculated from the operating parameters of the VOAG as:
(ii) A given particle's aerodynamic behavior is a function of its physical particle size, particle shape, and density. Aerodynamic diameter is defined as the diameter of a unit density (
(iii) At room temperature and standard pressure, the Cunningham's slip correction factor is solely a function of particle diameter:
(iv) Since the slip correction factor is itself a function of particle diameter, the aerodynamic diameter in equation 2 of paragraph (g)(1)(ii) of this section cannot be solved directly but must be determined by iteration.
(2)
(ii) Mass deposits of ammonium fluorescein shall be extracted and analyzed using solutions of 0.01 N ammonium hydroxide.
(3)
(ii) Oleic acid solutions tagged with uranine shall be prepared as follows. A known mass of oleic acid shall first be diluted using absolute ethanol. The desired mass of the uranine tag should then be diluted in a separate container using absolute ethanol. Uranine (C
(iii) Calculation of the physical diameter of the particles produced by the VOAG requires knowledge of the liquid solution's volume concentration (C
(iv) For purposes of converting the particles’ physical diameter to aerodynamic diameter, the density of the generated particles shall be calculated as:
(v) Mass deposits of oleic acid shall be extracted and analyzed using solutions of 0.01 N sodium hydroxide.
(a)
(b)
(c)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(d)
(ii) Measure the wind speed at a minimum of 12 test points in a cross-sectional area of the test section of the wind tunnel using a device as described in paragraph (c)(4) of this section.
(iii) Verify that the mean wind speed in the test section of the wind tunnel during the tests is within 10 percent of the value specified in table F-2 of this subpart. The wind speed measured at any test point in the test section shall not differ by more than 10 percent from the mean wind speed in the test section.
(2)
(ii) Check for the presence of satellites and adjust the generator as necessary.
(iii) Calculate the physical particle size using the operating parameters of the vibrating orifice aerosol generator and record.
(iv) Determine the particle's aerodynamic diameter from the calculated physical diameter and the known density of the generated particle. The calculated aerodynamic diameter must be within the tolerance specified in table F-2 of this subpart.
(3)
(4)
(ii) Determine the population of multiplets in the collected sample. The multiplet population of the particle test atmosphere must not exceed 10 percent of the total particle population.
(5)
(ii) Determine the quantity of material collected with each isokinetic sampler in the array using a calibrated fluorometer. Calculate and record the mass concentration for each isokinetic sampler as:
(iii) Calculate and record the mean mass concentration as:
(iv) Precision calculation. (A) Calculate the coefficient of variation of the mass concentration measurements as:
(B) If the value of CV
(6)
(i) Collect particles on an appropriate filter over a time period such that the relative error of the measured concentration is less than 5.0 percent.
(ii) Determine the quantity of material collected with the isokinetic sampler using a calibrated fluorometer.
(iii) Calculate and record the mass concentration as C
(iv) Remove the isokinetic sampler from the wind tunnel.
(7)
(ii) Remove the test sampler from the wind tunnel.
(iii) Determine the quantity of material collected with the test sampler using a calibrated fluorometer. Calculate and record the mass concentration for each replicate as:
(iv)(A) Calculate and record the sampling effectiveness of the candidate sampler as:
(B) If a single isokinetic sampler is used for the determination of particle mass concentration, replace C
(8)
(ii) Calculate and record the average sampling effectiveness of the test sampler for the particle size as:
(iii) Sampling effectiveness precision. (A) Calculate and record the coefficient of variation for the replicate sampling effectiveness measurements of the test sampler as:
(B) If the value of CV
(9) Repeat steps in paragraphs (d)(2) through (d)(8) of this section until the sampling effectiveness has been measured for all particle sizes specified in table F-2 of this subpart.
(10) Repeat steps in paragraphs (d)(1) through (d)(9) of this section until tests have been successfully conducted for both wind speeds of 2 km/hr and 24 km/hr.
(e)
(2)
(3)
(i) Determine the value of corrected effectiveness using the best-fit, multiplet-corrected curve at each of the particle sizes specified in the first column of table F-4 of this subpart. Record each corrected effectiveness value as a decimal between 0 and 1 in column 2 of table F-4 of this subpart.
(ii) Calculate the interval estimated mass concentration measurement by multiplying the values of corrected effectiveness in column 2 by the interval mass concentration values in column 3 and enter the products in column 4 of table F-4 of this subpart.
(iii) Calculate the estimated mass concentration measurement by summing the values in column 4 and entering the total as the estimated mass concentration measurement for the test sampler at the bottom of column 4 of table F-4 of this subpart.
(iv) Calculate the estimated mass concentration ratio between the candidate method and the reference method as:
(v) Repeat steps in paragraphs (e) (1) through (e)(3) of this section for tables F-5 and F-6 of this subpart.
(f)
(a)
(b)
(c)
(d)
(e)
(2)
(ii) Determine the quantity of material collected with the reference method sampler using a calibrated fluorometer. Calculate and record the mass concentration as:
(iii) Remove the reference method sampler from the tunnel.
(3)
(ii) Determine the quantity of material collected with the candidate sampler using a calibrated fluorometer. Calculate and record the mass concentration as:
(iii) Remove the candidate sampler from the wind tunnel.
(4) Repeat steps in paragraphs (d) (2) and (d)(3) of this section. Alternately measure the tunnel concentration with the reference sampler and the candidate sampler until four reference sampler and three candidate sampler measurements of the wind tunnel concentration are obtained.
(5)
(ii) Calculate and record the mean aspiration ratio as:
(iii) Precision of the aspiration ratio. (A) Calculate and record the precision of the aspiration ratio measurements as the coefficient of variation as:
(B) If the value of CV
(f)
(a)
(1)
(2)
(3)
(b)
(c)
(2)
(i)
(ii)
(iii)
(3)
(ii)
(d)
(2)
(e)
(i) Clean and dry the internal surfaces of the candidate sampler.
(ii) Prepare the internal fractionator surfaces in strict accordance with the operating instructions specified in the sampler's operating manual referred to in section 7.4.18 of 40 CFR part 50, appendix L.
(2)
(3)
(4)
(ii) Determine the quantity of material collected on the after filter of the candidate method using a calibrated fluorometer. Calculate and record the aerosol mass concentration for the sampler filter as:
(iii) Wash all interior surfaces upstream of the filter and determine the quantity of material collected using a calibrated fluorometer. Calculate and record the fluorometric mass concentration of the sampler wash as:
(iv) Calculate and record the sampling effectiveness of the test sampler for this particle size as:
(v) Repeat steps in paragraphs (e)(4) of this section, as appropriate, to obtain a minimum of three replicate measurements of sampling effectiveness. Note: The procedures for loading the candidate in § 53.65 must be repeated between repetitions if this test is being used to evaluate the fractionator after being loaded as specified in § 53.65.
(vi) Calculate and record the average sampling effectiveness of the test sampler as:
(vii)(A) Calculate and record the coefficient of variation for the replicate sampling effectiveness measurements of the test sampler as:
(B) If the value of CV
(5) Repeat steps in paragraphs (e) (1) through (e)(4) of this section for each particle size specified in table F-2 of this subpart.
(f)
(2)
(3)
(4)
(ii) Simultaneously collect particles onto appropriate filters with the total filter samplers and the fractionator for a time period such that the relative error of the measured concentration is less than 5.0 percent.
(5)
(ii) Calculate and record the mean mass concentration as:
(iii) (A) Calculate and record the coefficient of variation of the total mass concentration as:
(B) If the value of CV
(6)
(ii) Calculate and record the sampling effectiveness of the candidate sampler as:
(iii) Repeat step in paragraph (f)(4) through (f)(6) of this section, as appropriate, to obtain a minimum of three replicate measurements of sampling effectiveness.
(iv) Calculate and record the average sampling effectiveness of the test sampler as:
(v)(A) Calculate and record the coefficient of variation for the replicate sampling effectiveness measurements of the test sampler as:
(B) If the value of CV
(7) Repeat steps in paragraphs (f)(1) through (f)(6) of this section for each particle size specified in table F-2 of this subpart.
(g)
(2)
(3)
(4)
(A) Install a total filter on each leg of the divided flow apparatus.
(B) Collect particles simultaneously through both legs at 16.7 L/min onto an appropriate filter for a time period such that the relative error of the measured concentration is less than 5.0 percent.
(C) Determine the quantity of material collected on each filter using a calibrated fluorometer. Calculate and record the mass concentration measured in each leg as:
(D) Repeat steps in paragraphs (g)(4)(i)(A) through (g)(4)(i)(C) of this section until a minimum of three replicate measurements are performed.
(ii) With an aerosol number counting device as a detector:
(A) Remove all flow obstructions from the flow paths of the two legs.
(B) Quantify the aerosol concentration of the primary particles in each leg of the apparatus.
(C) Repeat steps in paragraphs (g)(4)(ii)(A) through (g)(4)(ii)(B) of this section until a minimum of three replicate measurements are performed.
(iii) (A) Calculate the mean concentration and coefficient of variation as:
(B) If the measured mean concentrations through the two legs do not agree within 5 percent, then adjustments may be made in the setup, and this step must be repeated.
(5)
(i) With fluorometry as a detector:
(A) Prepare the divided flow apparatus for particle collection. Install a total filter into the bypass leg of the divided flow apparatus. Install the particle size fractionator with a total filter placed immediately downstream of it into the other leg.
(B) Collect particles simultaneously through both legs at 16.7 L/min onto appropriate filters for a time period such that the relative error of the measured concentration is less than 5.0 percent.
(C) Determine the quantity of material collected on each filter using a calibrated fluorometer. Calculate and record the mass concentration measured by the total filter and that measured after penetrating through the candidate fractionator as follows:
(ii) With a number counting device as a detector:
(A) Install the particle size fractionator into one of the legs of the divided flow apparatus.
(B) Quantify and record the aerosol number concentration of the primary particles passing through the fractionator as C
(C) Divert the flow from the leg containing the candidate fractionator to the bypass leg. Allow sufficient time for the aerosol concentration to stabilize.
(D) Quantify and record the aerosol number concentration of the primary particles passing through the bypass leg as C
(iii) Calculate and record sampling effectiveness of the candidate sampler as:
(6) Repeat step in paragraph (g)(5) of this section, as appropriate, to obtain a minimum of three replicate measurements of sampling effectiveness.
(7)
(ii)(A) Calculate and record the coefficient of variation for the replicate sampling effectiveness measurements of the candidate sampler as:
(B) If the coefficient of variation is not less than 10 percent, then the test run must be repeated (steps in paragraphs (g)(1) through (g)(7) of this section).
(8) Repeat steps in paragraphs (g)(1) through (g)(7) of this section for each particle size specified in table F-2 of this subpart.
(h)
(2)
(3)
(i)
(a)
(2) [Reserved]
(b)
(c)
(2)
(3)
(4)
(d)
(2) Clean the candidate sampler. (i) Clean and dry the internal surfaces of the candidate sampler.
(ii) Prepare the internal surfaces in strict accordance with the operating manual referred to in section 7.4.18 of 40 CFR part 50, appendix L.
(3) Determine the preweight of the filter that shall be used in the isokinetic sampler. Record this value as InitWt.
(4) Install the candidate sampler's inlet and the isokinetic sampler within the test chamber or wind tunnel.
(5) Generate a dust cloud. (i) Generate a dust cloud composed of Arizona test dust.
(ii) Introduce the dust cloud into the chamber.
(iii) Allow sufficient time for the particle concentration to become steady within the chamber.
(6) Sample aerosol with a total filter and the candidate sampler. (i) Sample the aerosol for a time sufficient to produce an equivalent TWC equal to that of the target TWC
(ii) Record the sampling time as t.
(7) Determine the time weighted concentration. (i) Determine the postweight of the isokinetic sampler's total filter.
(ii) Record this value as FinalWt.
(iii) Calculate and record the TWC as:
(iv) If the value of TWC deviates from the target TWC
(8) Determine the candidate sampler's effectiveness after loading. The candidate sampler's effectiveness as a function of particle aerodynamic diameter must then be evaluated by performing the test in § 53.62 (full wind tunnel test). A sampler which fits the category of inlet deviation in § 53.60(e)(1) may opt to perform the test in § 53.63 (inlet aspiration test) in lieu of the full wind tunnel test. A sampler which fits the category of fractionator deviation in § 53.60(e)(2) may opt to perform the test in § 53.64 (static fractionator test) in lieu of the full wind tunnel test.
(e)
(a)
(b)
(2) Corrected residual mass (CRM) is defined as the residual mass of the filter from the candidate sampler multiplied by the ratio of the reference method flow rate to the candidate method flow rate.
(c)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(d)
(2)
(3)
(e)
(ii) Introduce the aerosol into the transport system.
(iii) Monitor the aerosol size and concentration until stability and level have been achieved.
(iv) Condition the candidate method sampler and reference method sampler filters until total dynamic conditioning is achieved as specified in paragraph (d)(2) of this section.
(v) Record the dynamically conditioned weight as InitWt
(2)
(ii) Attach the samplers to the manifold.
(iii) Operate the candidate and the reference samplers such that they simultaneously sample the test aerosol for 30 minutes.
(3)
(ii) Sample clean air for one of the required blow-off time durations (1, 2, 3, and 4 hours).
(iii) Remove the filters from the samplers.
(iv) Weigh the filters immediately and record this weight, FinalWt
(v) Calculate the residual mass for the reference method sampler:
(vi) Calculate the corrected residual mass for the candidate method sampler as:
(4) Repeat steps in paragraph (e)(1) through (e)(3) of this section until three repetitions have been completed for each of the required blow-off time durations (1, 2, 3, and 4 hours).
(f)
(2) Determine the following regression parameters: slope, intercept, and correlation coefficient (r).
(g)
(1) Marple, V.A., K.L. Rubow, W. Turner, and J.D. Spangler, Low Flow Rate Sharp Cut Impactors for Indoor Air Sampling: Design and Calibration., JAPCA, 37: 1303-1307 (1987).
(2) Vanderpool, R.W. and K.L. Rubow, Generation of Large, Solid Calibration Aerosols, J. of Aer. Sci. and Tech., 9:65-69 (1988).
(3) Society of Automotive Engineers Aerospace Material Specification (SAE AMS) 2404C, Electroless Nickel Planting, SAE, 400 Commonwealth Drive, Warrendale PA-15096, Revised 7-1-84, pp. 1-6.
Sec. 304 of the Clean Air Act, as amended (sec. 12, Pub. L. 91-604, 84 Stat. 1706).
Section 304 of the Clean Air Act, as amended, authorizes the commencement of civil actions to enforce the Act or to enforce certain requirements promulgated pursuant to the Act. The purpose of this part is to prescribe procedures governing the giving of notices required by subsection 304(b) of the Act (sec. 12, Pub. L. 91-604; 84 Stat. 1706) as a prerequisite to the commencement of such actions.
(a) Notice to Administrator: Service of notice given to the Administrator under this part shall be accomplished by certified mail addressed to the Administrator, Environmental Protection Agency, Washington, DC 20460. Where notice relates to violation of an emission standard or limitation or to violation of an order issued with respect to an emission standard or limitation, a copy of such notice shall be mailed to the Regional Administrator of the Environmental Protection Agency for the Region in which such violation is alleged to have occurred.
(b) Notice to State: Service of notice given to a State under this part regarding violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation shall be accomplished by certified mail addressed to an authorized representative of the State agency charged with responsibility for air pollution control in the State. A copy of such notice shall be mailed to the Governor of the State.
(c) Notice to alleged violator: Service of notice given to an alleged violator under this part shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant,
(d) Notice served in accordance with the provisions of this part shall be deemed given on the postmark date, if served by mail, or on the date of receipt, if personally served.
(a)
(b)
Section 328 of the Clean Air Act (42 U.S.C. 7401,
Section 328(a)(1) of the Clean Air Act (“the Act”), requires the Environmental Protection Agency (“EPA”) to establish requirements to control air pollution from outer continental shelf (“OCS”) sources in order to attain and maintain Federal and State ambient air quality standards and to comply with the provisions of part C of title I of the Act. This part establishes the air pollution control requirements for OCS sources and the procedures for implementation and enforcement of the requirements, consistent with these stated objectives of section 328(a)(1) of the Act. In implementing, enforcing and revising this rule and in delegating authority hereunder, the Administrator will ensure that there is a rational relationship to the attainment and maintenance of Federal and State ambient air quality standards and the requirements of part C of title I, and that the rule is not used for the purpose of preventing exploration and development of the OCS.
(1) Emits or has the potential to emit any air pollutant;
(2) Is regulated or authorized under the Outer Continental Shelf Lands Act (“OCSLA”) (43 U.S.C. § 1331
(3) Is located on the OCS or in or on waters above the OCS.
This definition shall include vessels only when they are:
(1) Permanently or temporarily attached to the seabed and erected thereon and used for the purpose of exploring, developing or producing resources therefrom, within the meaning of section 4(a)(1) of OCSLA (43 U.S.C. § 1331
(2) Physically attached to an OCS facility, in which case only the stationary sources aspects of the vessels will be regulated.
(a) This part applies to all OCS sources except those located in the Gulf of Mexico west of 87.5 degrees longitude.
(b) OCS sources located within 25 miles of States' seaward boundaries shall be subject to all the requirements of this part, which include, but are not limited to, the Federal requirements as set forth in §55.13 of this part and the Federal, State, and local requirements of the COA (designated pursuant to § 55.5 of this part), as set forth in § 55.14 of this part.
(c) The OCS sources located beyond 25 miles of States' seaward boundaries shall be subject to all the requirements of this part, except the requirements of §§ 55.4, 55.5, 55.12 and 55.14 of this part.
(d) New OCS sources shall comply with the requirements of this part by September 4, 1992 where a “new OCS source” means an OCS source that is a new source within the meaning of section 111(a) of the Act.
(e) Existing sources shall comply with the requirements of this part by September 4, 1994, where an “existing OCS source” means any source that is not a new source within the meaning of section 111(a) of the Act.
(a) Prior to performing any physical change or change in method of operation that results in an increase in emissions, and not more than 18 months prior to submitting an application for a preconstruction permit, the applicant shall submit a Notice of Intent (“NOI”) to the Administrator through the EPA Regional Office, and at the same time shall submit copies of the NOI to the air pollution control agencies of the NOA and onshore areas adjacent to the NOA. This section applies only to sources located within 25 miles of States' seaward boundaries.
(b) The NOI shall include the following:
(1) General company information, including company name and address, owner's name and agent, and facility site contact.
(2) Facility description in terms of the proposed process and products, including identification by Standard Industrial Classification Code.
(3) Estimate of the proposed project's potential emissions of any air pollutant, expressed in total tons per year and in such other terms as may be necessary to determine the applicability of requirements of this part. Potential emissions for the project must include all vessel emissions associated with the proposed project in accordance with the definition of potential emissions in § 55.2 of this part.
(4) Description of all emissions points including associated vessels.
(5) Estimate of quantity and type of fuels and raw materials to be used.
(6) Description of proposed air pollution control equipment.
(7) Proposed limitations on source operations or any work practice standards affecting emissions.
(8) Other information affecting emissions, including, where applicable, information related to stack parameters (including height, diameter, and plume temperature), flow rates, and equipment and facility dimensions.
(9) Such other information as may be necessary to determine the applicability of onshore requirements.
(10) Such other information as may be necessary to determine the source's impact in onshore areas.
(c) Exploratory sources and modifications to existing sources with designated COAs shall be exempt from the requirement in paragraph (b)(10) of this section.
(d) The scope and contents of the NOI shall in no way limit the scope and contents of the required permit application or applicable requirements given in this part.
(a)
(b)
(2) No later than 90 days after the receipt of the NOI, a demonstration must be received by the Administrator showing that:
(i) The area has more stringent requirements with respect to the control and abatement of air pollution than the NOA;
(ii) The emissions from the source are or would be transported to the requesting area; and
(iii) The transported emissions would affect the requesting area's efforts to attain or maintain a Federal or State ambient air quality standard or to comply with the requirements of part C of title I of the Act, taking into account the effect of air pollution control requirements that would be imposed if the NOA were designated as the COA.
(c)
(2) If one or more demonstrations are received, the Administrator will issue a preliminary designation of the COA within 150 days of the receipt of the NOI, which shall be followed by a 30 day public comment period, in accordance with paragraph (f) of this section.
(3) The Administrator will designate the COA for a specific source within 240 days of the receipt of the NOI.
(4) When the Administrator designates a more stringent area as the COA with respect to a specific OCS source, the delegated agency in the COA will exercise all delegated authority. If there is no delegated agency in the COA, then EPA will issue the permit and implement and enforce the requirements of this part. The Administrator may retain authority for implementing and enforcing the requirements of this part if the NOA and the COA are in different States.
(5) The Administrator shall designate the COA for each source only once in the source's lifetime.
(d)
(e)
(f)
(1) Within 150 days from receipt of an NOI, if one or more demonstrations are received, the Administrator shall make a preliminary determination of the COA and shall:
(i) Make available, in at least one location in the NOA and in the area requesting COA designation, a copy of all materials submitted by the requester, a copy of the Administrator's preliminary determination, and a copy or summary of other materials, if any, considered by the Administrator in
(ii) Notify the public, by prominent advertisement in a newspaper of general circulation in the NOA and the area requesting COA designation, of a 30-day opportunity for written public comment on the available information and the Administrator's preliminary COA designation.
(2) A copy of the notice required pursuant to paragraph (f)(1)(ii) of this section shall be sent to the requester, the affected source, each person from whom a written request of such notice has been received, and the following officials and agencies having jurisdiction over the COA and NOA: State and local air pollution control agencies, the chief executive of the city and county, the Federal Land Manager of potentially affected Class I areas, and any Indian governing body whose lands may be affected by emissions from the OCS source.
(3) Public comments received in writing within 30 days after the date the public notice is made available will be considered by the Administrator in making the final decision on the request. All comments will be made available for public inspection.
(4) The Administrator will make a final COA designation within 60 days after the close of the public comment period. The Administrator will notify, in writing, the requester and each person who has requested notice of the final action and will set forth the reasons for the determination. Such notification will be made available for public inspection.
(a)
(ii) Any application submitted pursuant to this part by an OCS source shall include a description of all the requirements of this part and a description of how the source will comply with the applicable requirements. For identification purposes only, the application shall include a description of those requirements that have been proposed by EPA for incorporation into this part and that the applicant believes, after diligent research and inquiry, apply to the source.
(2)
(ii) A final permit shall not be issued under this part until a final determination is made on any exemption request, including those appealed to the Administrator in accordance with § 55.7 of this part.
(3)
(4)
(ii) Any owner or operator of a new OCS source who commenced construction prior to the promulgation date of this rule shall comply with the requirements of paragraph (e) of this section.
(iii) Receipt of an approval to construct or a permit to operate from the Administrator or delegated agency
(iv) The owner or operator of an OCS source to whom the approval to construct or permit to operate is issued under this part shall notify all other owners and operators, contractors, and the subsequent owners and operators associated with emissions from the source, of the conditions of the permit issued under this part.
(5)
(i) The applicant shall send a copy of any permit application required by this section to the Administrator through the EPA Regional Office at the same time as the application is submitted to the delegated agency.
(ii) The delegated agency shall send a copy of any public comment notice required under this section or §§ 55.13 or 55.14 to the Administrator through the EPA Regional Office.
(iii) The delegated agency shall send a copy of any preliminary determination and final permit action required under this section or §§ 55.13 or 55.14 to the Administrator through the EPA Regional Office at the time of the determination and shall make available to the Administrator any materials used in making the determination.
(b)
(2) Any permit application required under this part shall not be submitted until the Administrator has determined whether a consistency update is necessary, pursuant to § 55.12 of this part, and, if the Administrator finds an update to be necessary, has published a proposed consistency update.
(3) The applicant may be required to obtain more than one preconstruction permit, if necessitated by partial delegation of this part or by the requirements of this section and §§ 55.13 and 55.14 of this part.
(4) An approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The 18-month period may be extended upon a showing satisfactory to the Administrator or the delegated agency that an extension is justified. Sources obtaining extensions are subject to all new or interim requirements and a reassessment of the applicable control technology when the extension is granted. This requirement shall not supersede a more stringent requirement under §§ 55.13 or 55.14 of this part.
(5) Any preconstruction permit issued to a new OCS source or modification shall remain in effect until it expires under paragraph (b)(4) of this section or is rescinded under the applicable requirements incorporated in §§ 55.13 and 55.14 of this part.
(6) Whenever any proposed OCS source or modification to an existing OCS source is subject to action by a Federal agency that might necessitate preparation of an environmental impact statement pursuant to the National Environmental Policy Act (42 U.S.C. 4321), review by the Administrator conducted pursuant to this section shall be coordinated with the environmental reviews under that Act to the extent feasible and reasonable.
(7) The Administrator or delegated agency and the applicant shall provide written notice of any permit application from a source, the emissions from which may affect a Class I area, to the Federal Land Manager charged with direct responsibility for management of any lands within the Class I area. Such notification shall include a copy of all information contained in the permit application and shall be given within 30 days of receipt of the application and at least 60 days prior to any public hearing on the preconstruction permit.
(8)
(i) The modification is necessary to comply with this part, and no other physical change or change in the method of operation is made in conjunction with the modification;
(ii) The modification is made within 24 months of promulgation of this part; and
(iii) The modification does not result in an increase, in excess of any
(9)
(i) The Administrator or delegated agency shall review the compliance plan and provide written comments to the source within 45 days of receipt of such plan. The source shall provide a written response to such comments as required by the reviewing agency.
(ii) Receipt and review of a compliance plan by the Administrator or delegated agency shall not relieve any owner or operator of an existing OCS source of the responsibility to comply fully with the applicable requirements of §§ 55.13 and 55.14 of this part within 24 months of promulgation of this part.
(c)
(2) The Administrator or delegated agency shall not issue a permit to operate to any existing OCS source that has not demonstrated compliance with all the applicable requirements of this part.
(3) If the COA does not have an operating permits program approved pursuant to 40 CFR part 70 or if EPA has determined that the COA is not adequately implementing an approved program, the applicable requirements of 40 CFR part 71, the Federal operating permits program, shall apply to the OCS sources. The applicable requirements of 40 CFR part 71 will be implemented and enforced by the Administrator. The Administrator may delegate the authority to implement and enforce all or part of a Federal operating permits program to a State pursuant to § 55.11 of this part.
(d)
(2) The Administrator or delegated agency shall not issue a permit-to-operate to any existing OCS source that has not demonstrated compliance with all the applicable requirements of this part.
(e)
(2) A source subject to § 55.6(e) shall comply with the following requirements:
(i) By October 5, 1992, the owner or operator of the source shall submit a transitional permit application (“TPA”) to the Administrator or the delegated agency. The TPA shall include the following:
(A) The information specified in §§ 55.4(b)(1) through § 55.4(b)(9) of this part;
(B) A list of all requirements applicable to the source under this part;
(C) A request for exemption from compliance with any control technology requirement that the applicant
(D) An air quality screening analysis demonstrating whether the source has or is expected in the future to cause or contribute to a violation of any applicable State or Federal ambient air quality standard or exceed any applicable increment. If no air quality analysis is required by the applicable requirements of §§ 55.13 and 55.14, this requirement does not apply;
(E) Documentation that source emissions are currently being offset, or will be offset if the source has not commenced operation, at the ratio required under this part, and documentation that those offsets meet or will meet the requirements of this part; and
(F) A description of how the source is complying with the applicable requirements of §§ 55.13 and 55.14 of this part, including emission levels and corresponding control measures, including Best Available Control Technology (“BACT”) or Lowest Achievable Emission Rates (“LAER”), but excluding the requirements to have valid permits.
(ii) The source shall expeditiously complete its permit application in compliance with the schedule determined by the Administrator or delegated agency.
(iii) The source shall comply with all applicable requirements of this part except for the requirements of paragraph (a)(4)(i) of this section. The source shall comply with the control technology requirements (such as BACT or LAER) set forth in the TPA that would be applicable if the source had a valid permit.
(iv) Any owner or operator subject to this subsection who continues to construct or operate an OCS source thirty days from promulgation of this part without submitting a TPA, or continues to construct or operate an OCS source not in accordance with the TPA submitted pursuant to paragraph (e) of this section, or constructs or operates an OCS source not in accordance with the schedule determined by the permitting authority, shall be in violation of this part.
(3) Upon the submittal of a permit application deemed to be complete by the permitting authority, the owner or operator of the source shall be subject to the permitting requirements of §§ 55.13 and 55.14 of this part that apply subsequent to the submission of a complete permit application. When a source receives the permit or permits required under this part, its TPA shall expire.
(4) Until the date that a source subject to this subsection receives the permit or permits required under this part, that source shall cease operation if, based on projected or actual emissions, the permitting authority determines that the source is currently or may in the future cause or contribute to a violation of a State or Federal ambient air quality standard or exceed any applicable increment.
(a)
(b)
(2)
(3)
(4)
(ii) The request shall include a proposed substitute requirement(s) as close in stringency to the original requirement as possible.
(iii) The request shall include an estimate of emission reductions that would be achieved by compliance with the original requirement, an estimate of emission reductions that would be achieved by compliance with the proposed substitute requirement(s) and an estimate of residual emissions.
(iv) The request shall identify emission reductions of a sufficient quantity to offset the estimated residual emissions. Sources located beyond 25 miles from States' seaward boundaries shall consult with the Administrator to identify suitable emission reductions.
(c)
(1) The delegated agency shall transmit to the Administrator (through the Regional Office), the Minerals Management Service, and the U.S. Coast Guard, a copy of the permit application, or the request if no permit is required, within 5 days of its receipt.
(2)
(3)
(4) If a request is referred to the Administrator and the delegated agency issues a preliminary determination on a permit application before the Administrator issues a final decision on the exemption, the delegated agency shall include a notice of the opportunity to comment on the Administrator's preliminary determination in accordance with the procedures of paragraph (f)(4) of this section.
(5) The Administrator's final decision on a request that has been referred pursuant to paragraph (c) of this section shall be incorporated into the final permit issued by the delegated agency. If no permit is required, the Administrator's final decision on the request shall be implemented and enforced by the delegated agency.
(d)
(e)
(2) An OCS source located within 25 miles of States' seaward boundaries shall offset residual emissions resulting from the grant of an exemption request in accordance with the requirements of the Act and the regulations thereunder. The source shall obtain offsets in accordance with the applicable requirements as follows:
(i) If offsets are required in the COA, a new source shall offset residual emissions in the same manner as all other new source emissions in accordance with the requirements of § 55.5(d) of this part.
(ii) If offsets are not required in the COA, a new source shall comply with an offset ratio of 1:1.
(iii) An existing OCS source shall comply with an offset at a ratio of 1:1.
(3) An OCS source located beyond 25 miles from States' seaward boundaries shall obtain emission reductions at a ratio determined by the Administrator to be adequate to protect State and Federal ambient air quality standards and to comply with part C of title I of the Act.
(f)
(2)
(3)
(4) The Administrator or the delegated agency shall comply with the following requirements for processing requests submitted without a permit, with a compliance plan, and requests referred to the Administrator:
(i) Issue a preliminary determination to grant or deny the request. A preliminary determination by the Administrator to deny a request shall be considered a final decision and will be accompanied by the reasons for the decision. As such, it is not subject to any further public notice, comment, or hearings. Written notice of the denial shall be given to the requester.
(ii) Make available, in at least one location in the COA and NOA, a copy of all materials submitted by the requester, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.
(iii) Notify the public, by prominent advertisement in a newspaper of general circulation in the COA and NOA, of a 30-day opportunity for written public comment on the information submitted by the owner or operator and on the preliminary determination.
(iv) Send a copy of the notice required pursuant to paragraph (f)(4)(iii) of this section to the requester, the affected source, each person from whom a written request of such notice has been received, and the following officials and agencies having jurisdiction over the COA and NOA: State and local air pollution control agencies, the chief executive of the city and county, the Federal Land Manager of potentially affected Class I areas, and any Indian governing body whose lands may be affected by emissions from the OCS source.
(v) Consider written public comments received within 30 days after the date the public notice is made available when making the final decision on the request. All comments will be made available for public inspection. At the time that any final decision is issued, the Administrator or delegated agency will issue a response to comments.
(vi) Make a final decision on the request within 30 days after the close of the public comment period. The Administrator or the delegated agency
(5) Within 30 days after the final decision has been made on a request, the requester, or any person who filed comments on the preliminary determination, may petition the Administrator to review any aspect of the decision. Any person who failed to file comments on the preliminary decision may petition for administrative review only on the changes from the preliminary to the final determination.
(a) The Administrator may require monitoring or reporting and may authorize inspections pursuant to section 114 of the Act and the regulations thereunder. Sources shall also be subject to the requirements set forth in §§ 55.13 and 55.14 of this part.
(b) All monitoring, reporting, inspection and compliance requirements authorized under the Act shall apply.
(c) An existing OCS source that is not required to obtain a permit to operate within 24 months of the date of promulgation of this part shall submit a compliance report to the Administrator or delegated agency within 25 months of promulgation of this part. The compliance report shall specify all the applicable OCS requirements of this part and a description of how the source has complied with these requirements.
(d) The Administrator or the delegated agency shall consult with the Minerals Management Service and the U.S. Coast Guard prior to inspections. This shall in no way interfere with the ability of EPA or the delegated agency to conduct unannounced inspections.
(a) OCS sources shall comply with all requirements of this part and all permits issued pursuant to this part. Failure to do so shall be considered a violation of section 111(e) of the Act.
(b) All enforcement provisions of the Act, including, but not limited to, the provisions of sections 113, 114, 120, 303 and 304 of the Act, shall apply to OCS sources.
(c) If a facility is ordered to cease operation of any piece of equipment due to enforcement action taken by EPA or a delegated agency pursuant to this part, the shutdown will be coordinated by the enforcing agency with the Minerals Management Service and the U.S. Coast Guard to assure that the shutdown will proceed in a safe manner. No shutdown action will occur until after consultation with these agencies, but in no case will initiation of the shutdown be delayed by more than 24 hours.
(a)
(2) EPA will collect all other fees from OCS sources calculated in accordance with the fee requirements imposed in the COA if the fees are based on regulatory objectives, such as discouraging emissions. If the fee requirements are based on cost recovery objectives, however, EPA will adjust the fees to reflect the costs to EPA to issue permits and administer the permit program.
(3) Upon delegation, the delegated agency will collect fees from OCS sources calculated in accordance with the fee requirements imposed in the COA. Upon delegation of authority to implement and enforce any portion of this part, EPA will cease to collect fees imposed in conjunction with that portion.
(b) The OCS sources located beyond 25 miles of States' seaward boundaries. The EPA will calculate and collect operating permit fees from OCS sources in accordance with the requirements of 40 CFR part 71.
(a) The Governor or the Governor's designee of any State adjacent to an OCS source subject to the requirements of this part may submit a request, purusant to section 328(a)(3) of the Act, to the Administrator for the authority to implement and enforce the requirements of this OCS program: Within 25 miles of the State's seaward boundary; and/or Beyond 25 miles of the State's seaward boundary. Authority to implement and enforce §§ 55.5, 55.11, and 55.12 of this part will not be delegated.
(b) The Administrator will delegate implementation and enforcement authority to a State if the State has an adjacent OCS source and the Administrator determines that the State's regulations are adequate, including a demonstration by the State that the State has:
(1) Adopted the appropriate portions of this part into State law;
(2) Adequate authority under State law to implement and enforce the requirements of this part. A letter from the State Attorney General shall be required stating that the requesting agency has such authority;
(3) Adequate resources to implement and enforce the requirements of this part; and
(4) Adequate administrative procedures to implement and enforce the requirements of this part, including public notice and comment procedures.
(c) The Administrator will notify in writing the Governor or the Governor's designee of the Administrator's final action on a request for delegation within 6 months of the receipt of the request.
(d) If the Administrator finds that the State regulations are adequate, the Administrator will authorize the State to implement and enforce the OCS requirements under State law. If the Administrator finds that only part of the State regulations are adequate, he will authorize the State to implement and enforce only that portion of this part.
(e) Upon delegation, a State may use any authority it possesses under State law to enforce any permit condition or any other requirement of this part for which the agency has delegated authority under this part. A State may use anyauthority it possesses under State law to require monitoring and reporting and to conduct inspections.
(f) Nothing in this part shall prohibit the Administrator from enforcing any requirement of this part.
(g) The Administrator will withdraw a delegation of any authority to implement and enforce any or all of this part if the Administrator determines that: (1) The requirements of this part are not being adequately implemented or enforced by the delegated agency, or (2) The delegated agency no longer has adequate regulations as required by § 55.11(b) of this part.
(h)
(i)
(j)
(a) The Administrator will update this part as necessary to maintain consistency with the regulations of onshore areas in order to attain and maintain Federal and State ambient standards and comply with part C of title I of the Act.
(b) Where an OCS activity is occurring within 25 miles of a State seaward boundary, consistency reviews will occur at least annually. In addition, in accordance with paragraphs (c) and (d) of this section, consistency reviews will occur upon receipt of an NOI and when a State or local agency submits a rule to EPA to be considered for incorporation by reference in this part 55.
(1) Upon initiation of a consistency review, the Administrator will evaluate the requirements of part 55 to determine whether they are consistent with the current onshore requirements.
(2) If the Administrator finds that part 55 is inconsistent with the requirements in effect in the onshore area, EPA will conduct a notice and comment rulemaking to update part 55 accordingly.
(c)
(1) If the NOI is submitted by a source for which the COA has previously been assigned, EPA will publish a proposed consistency update in the
(2) If the NOI is submitted by a source requiring a COA designation, EPA will publish a proposed consistency update in the
(i) No later than 75 days after receipt of the NOI if no adjacent areas submit a request for COA designation and the NOA becomes the COA by default, or
(ii) No later than 105 days after receipt of the NOI if an adjacent area submits a request to be designated as COA but fails to submit the required demonstration within 90 days of receipt of the NOI, or
(iii) No later than 15 days after the date of the final COA determination if one or more demonstrations are received.
(d)
(2) State and local rules submitted for inclusion in part 55 must be rationally related to the attainment and maintenance of Federal or State ambient air quality standards or to the requirements of part C of title I of the Act. The submittal must be legible and unmarked, with the adoption date and the name of the agency on each page, and must be accompanied by proof of adoption.
(e) No rule or regulation that EPA finds to be arbitrary or capricious will be incorporated into this part.
(f) A source may not submit a complete permit application until any update the Administrator deems necessary to make part 55 consistent with the COA's rules has been proposed.
(a) The requirements of this section shall apply to OCS sources as set forth below. In the event that a requirement of this section conflicts with an applicable requirement of § 55.14 of this part and a source cannot comply with the requirements of both sections, the more stringent requirement shall apply.
(b) In applying the requirements incorporated into this section:
(1)
(2)
(3)
(4) For requirements adopted prior to promulgation of this part, language in such requirements limiting the applicability of the requirements to onshore
(c) 40 CFR part 60 (NSPS) shall apply to OCS sources in the same manner as in the COA, except that any source determined to be an existing source pursuant to § 55.3(e) of this part shall not be considered a “new source” for the purpose of NSPS adopted before December 5, 1991.
(d) 40 CFR 52.21 (PSD) shall apply to OCS sources:
(1) Located within 25 miles of a State's seaward boundary if the requirements of 40 CFR 52.21 are in effect in the COA;
(2) Located beyond 25 miles of States' seaward boundaries.
(e) 40 CFR part 61, together with any other provisions promulgated pursuant to section 112 of the Act, shall apply if rationally related to the attainment and maintenance of Federal or State ambient air quality standards or the requirements of part C of title I of the Act.
(f) 40 CFR part 71 shall apply to OCS sources:
(1) Located within 25 miles of States' seaward boundaries if the requirements of 40 CFR part 71 are in effect in the COA.
(2) Located beyond 25 miles of States' seaward boundaries.
(3) When an operating permits program approved pursuant to 40 CFR part 70 is in effect in the COA and a Federal operating permit is issued to satisfy an EPA objection pursuant to 40 CFR 71.4(e).
(g) The provisions of 40 CFR 52.10, 40 CFR 52.24, and 40 CFR part 51 and accompanying appendix S shall apply to OCS sources located within 25 miles of States' seaward boundaries, if these requirements are in effect in the COA.
(h) If the Administrator determines that additional requirements are necessary to protect Federal and State ambient air quality standards or to comply with part C of title I, such requirements will be incorporated in this part.
(a) The requirements of this section shall apply to OCS sources as set forth below. In the event that a requirement of this section conflicts with an applicable requirement of § 55.13 of this part and a source cannot comply with the requirements of both sections, the more stringent requirement shall apply.
(b) In applying the requirements incorporated into this section:
(1)
(2)
(3)
(4) For requirements adopted prior to promulgation of this part, language in such requirements limiting the applicability of the requirements to onshore sources or to sources within State boundaries shall not apply.
(c) During periods of EPA implementation and enforcement of this section, the following shall apply:
(1) Any reference to a State or local air pollution control agency or air pollution control officer shall mean EPA or the Administrator, respectively.
(2) Any submittal to State or local air pollution control agency shall instead be submitted to the Administrator through the EPA Regional Office.
(3) Nothing in this section shall alter or limit EPA's authority to administer or enforce the requirements of this part under Federal law.
(4) EPA shall not be bound by any State or local administrative or procedural requirements including, but not limited to, requirements pertaining to hearing boards, permit issuance, public notice procedures, and public hearings. EPA will follow the applicable procedures set forth elsewhere in this part, in 40 CFR part 124, and in Federal rules promulgated pursuant to title V of the Act (as such rules apply in the COA), when administering this section.
(5) Only those requirements of 40 CFR part 52 that are rationally related to the attainment and maintenance of Federal or State ambient air quality
(d)
(1) [Reserved]
(2) Alaska.
(i) 40 CFR part 52, subpart C.
(ii) [Reserved]
(3) California.
(i) 40 CFR part 52, subpart F.
(ii) [Reserved]
(4)-(5) [Reserved]
(6) Florida.
(i) 40 CFR part 52, subpart K.
(ii) [Reserved]
(7)-(16) [Reserved]
(17) North Carolina.
(i) 40 CFR part 52, subpart II.
(ii) [Reserved]
(18)-(23) [Reserved]
(e)
(1) [Reserved]
(2) Alaska.
(i) State requirements.
(A)
(B) [Reserved]
(ii) Local requirements.
(A)
(B) [Reserved]
(3) California.
(i) State requirements.
(A)
(ii) Local requirements.
(A)-(D) [Reserved]
(E)
(F)
(G)
(H)
(4) and (5) [Reserved]
(6) Florida.
(i) State requirements.
(A) State of Florida Requirements Applicable to OCS Sources, January 11, 1995.
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(7)-(16) [Reserved]
(17) North Carolina.
(i) State requirements.
(A)
(B) [Reserved]
(ii) Local requirements.
(A) [Reserved]
(18)-(23) [Reserved]
(a) California.
(1) The South Coast Air Quality Management District is designated as the COA for the following OCS facilities: Edith, Ellen, Elly, and Eureka.
(2) The Ventura County Air Pollution Control District is designated as the
(3) The Santa Barbara County Air Pollution Control District is designated as the COA for the following OCS facilities: Habitat, Hacienda, Harmony, Harvest, Heather, Henry, Heritage, Hermosa, Hidalgo, Hillhouse, Hogan, Houchin, Hondo, Irene, Independence (formerly Iris), the OS and T, and Union A, B, and C.
(b) [Reserved]
This appendix lists the titles of the State and local requirements that are contained within the documents incorporated by reference into 40 CFR part 55.
(a) State requirements.
(1) The following requirements are contained in the
Alaska Administrative Code—Department of Environmental Conservation. The following sections of Title 18, Chapter 50:
(b) Local requirements.
(1) the following requirements are contained in
(a) State requirements.
(1) The following requirements are contained in
Barclays California Code of Regulations. The following section of Title 17 Subchapter 6:
(b) Local requirements.
(1)-(4) [Reserved]
(5) The following requirements are contained in
(6) The following requirements are contained in
(7) The following requirements are contained in
(8) The following requirements are contained in
(1) The following requirements are contained in
Florida Administrative Code-Department of Environmental Protection. The following sections of Chapter 62:
(b) Local requirements.
(1) [Reserved]
(a) State requirements.
(1) The following requirements are contained in
(b) Local requirements.
(1) [Reserved]
Sec. 301(a)(2) of the Clean Air Act as amended (42 U.S.C. 7601).
As used in this part, all terms not defined herein have the meaning given them in the Clean Air Act.
This part covers actions taken by:
(a) Employees in EPA Regional Offices, including Regional Administrators, in carrying out powers and duties delegated by the Administrator under section 301(a)(1) of the act; and
(b) EPA employees in Headquarters to the extent that they are responsible for developing the procedures to be employed or policies to be followed by Regional Offices in implementing and enforcing the act.
It is EPA's policy to:
(a) Assure fair and uniform application by all Regional Offices of the criteria, procedures, and policies employed in implementing and enforcing the act;
(b) Provide mechanisms for identifying and correcting inconsistencies by standardizing criteria, procedures, and policies being employed by Regional Office employees in implementing and enforcing the act; and
(c) Insure an adequate quality audit for each State's performance in implementing and enforcing the act.
(a) The Administrator shall include, as necessary, with any rule or regulation proposed or promulgated under parts 51 and 58 of this chapter
(b) The determination that a mechanism required under paragraph (a) of this section is unnecessary for a rule or regulation shall be explained in writing by the responsible EPA official and included in the supporting documentation or the relevant docket.
(a) Each responsible official in a Regional Office, including the Regional Administrator, shall assure that actions taken under the act:
(1) Are carried out fairly and in a manner that is consistent with the Act and Agency policy as set forth in the Agency rules and program directives,
(2) Are as consistent as reasonably possible with the activities of other Regional Offices, and
(3) Comply with the mechanisms developed under § 56.4 of this part.
(b) A responsible official in a Regional Office shall seek concurrence from the appropriate EPA Headquarters office on any interpretation of the Act, or rule, regulation, or program directive when such interpretation may result in inconsistent application among the Regional Offices of the act or rule, regulation, or program directive.
(c) In reviewing State Implementation Plans, the Regional Office shall follow the provisions of the guideline, revisions to State Implementation Plans—Procedures for Approval/Disapproval Actions, OAQPS No. 1.2-005A, or revision thereof. Where regulatory actions may involve inconsistent application of the requirements of the act, the Regional Offices shall classify such actions as special actions.
The Assistant Administrators of the Offices of Air, Noise and Radiation, and of Enforcement, and the General Counsel shall establish as expeditiously as practicable, but no later than one year
(a) Compilations of relevant EPA program directives and guidance, except for rules and regulations, concerning the requirements under the Act.
(b) Procedures whereby each Headquarters program office and staff office will enter new and revised guidance into the compilations and cause superseded guidance to be removed.
(c) Additional guidance aids such as videotape presentations, workshops, manuals, or combinations of these where the responsible Headquarters official determines they are necessary to inform Regional Offices, State and local agencies, or the public about EPA actions.
(a) EPA will utilize the provisions of subpart B, Program Grants, of part 35 of this chapter, which require yearly evaluations of the manner in which grantees use Federal monies, to assure that an adequate evaluation of each State's performance in implementing and enforcing the act is performed.
(b) Within 60 days after comment is due from each State grantee on the evaluation report required by § 35.538 of this chapter, the Regional Administrator shall incorporate or include any comments, as appropriate, and publish notice of availability of the evaluation report in the
Secs. 110, 114, 119, 301, Clean Air Act, as amended (42 U.S.C. 7410, 7414, 7419, and 7601); sec. 406 of Pub. L. 95-95.
(a)
(1) The eligibility of smelters for a Primary Nonferrous Smelter Order (NSO) under section 119 of the Clean Air Act;
(2) The procedures through which an NSO can be approved or issued by EPA; and
(3) The minimum contents of each NSO required for EPA issuance or approval under section 119. Subpart I
(b)
(a) A primary copper, lead, zinc, molybdenum, or other nonferrous smelter is eligible for an NSO if it meets the following conditions:
(1) The smelter was in existence and operating on August 7, 1977;
(2) The smelter is subject to an approved or promulgated sulfur dioxide (SO
(3) The Administrator determines, based on a showing by the smelter owner, that no means of emission limitation applicable to the smelter which would enable it to comply with its SIP stack emission limitation for SO
(b) For the purposes of these regulations:
(1) The following means of emission limitation shall be considered adequately demonstrated for nonferrous smelters. (Taking into account nonair quality health and environmental impact and energy considerations, but not the cost of compliance).
(i)
(A) Sulfuric acid plant in conjunction with an adequately demonstrated replacement technology or process modification;
(B) Magnesium oxide (concentration) scrubbing;
(C) Lime/limestone scrubbing; and
(D) Ammonia scrubbing.
(ii)
(A) Flash smelting;
(B) Oxygen enrichment;
(C) Supplemental sulfur burning in conjunction with acid plant;
(D) Electric Furnace;
(E) Noranda process;
(F) Fluid bed roaster;
(G) Continuous smelting (Mitsubishi) process; and
(H) Strong stream/weak stream gas blending.
(2) Each adequately demonstrated means of emission limitation which would enable a smelter to comply with its SIP emission limitation for SO
(3) An applicable means of emission limitation which would enable a smelter to comply with its SIP emission limitation for SO
(i)
(ii)
(c) When applying for an NSO, a smelter must establish, for purposes of applying the financial eligibility tests, which adequately demonstrated constant control technology applicable to that smelter is the most economically feasible for use at that smelter.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w) Unless otherwise specified in this part, all terms shall have the same meaning given them by the Act.
An NSO shall be amended whenever necessary for compliance with the requirements and purposes of this part.
(a)(1)
(2)(i) Notwithstanding the requirements of paragraph (a)(1) of this section, amendments to SIP compliance schedule interim compliance dates in State-issued NSO's need not be submitted for EPA approval if the amendment does not delay the interim date by more than three months from the date as approved by the Administrator and if the final compliance date is unchanged. Delays longer than 3 months shall be handled according to the provisions of § 57.104(a)(1).
(ii) Changes made in accordance with this subparagraph may be effective immediately but must be submitted to EPA within seven days. EPA will give public notice of receipt of such changes
(3) In any case in which the issuing agency fails to issue an amendment necessary for compliance with the requirements and purposes of this part, EPA may, after first giving the issuing Agency notice, issue such amendment.
(b)
(1) No violations of NAAQS occur in the smelter's Designated Liability Area during that time; and
(2) The smelter operator has not been informed by the issuing agency or EPA that its application is not adequately documented, unless such deficiency has been remedied promptly.
(c)
(a) The failure of a smelter owner to submit any plan, report, document or proposal as required by its NSO or by this part shall constitute a violation of its NSO.
(b) If the Administrator determines that a nonferrous smelter is in violation of a requirement contained in an NSO approved under these regulations, the Administrator shall, as provided by section 119(f) of the Act:
(1) Enforce such requirement under section 113 (a), (b), or (c) of the Act;
(2) Revoke the order after notice and opportunity for hearing;
(3) Give notice of noncompliance and commence action under section 120 of the act; or
(4) Take any appropriate combinations of these actions.
(c) Under section 304 of the Act, any person may commence a civil action against an owner or operator of a smelter which is alleged to be in violation or any order approved under this part.
Each NSO shall state its expiration date. No NSO issued under this regulation shall expire later than January 1, 1988.
(a)
(1) The text of the NSO;
(2) The application submitted by the smelter owner, except for appendix A to this part, all correspondence between the issuing agency and the applicant relating to the NSO, and any material submitted in support of the application;
(3) A concise statement of the State or local agency's findings and their bases; and
(4) All documentation or analyses prepared by or for the issuing agency in support of the NSO.
(b)
Notwithstanding any other provision of this part, an NSO may contain provisions to which the affected smelter is subject under the applicable EPA-approved State Implementation Plan (SIP) for sulfur dioxide in lieu of the corresponding provisions which would otherwise be required under this part if the Administrator determines that those SIP provisions are substantially equivalent to the corresponding NSO provisions which would otherwise be required, and if the Administrator determines that the smelter is in substantial compliance with those SIP
The Administrator will not approve or issue an NSO for any smelter unless he has approved or promulgated SIP provisions which are applicable to the smelter and which satisfy the requirements of section 110(a)(6) of the Clean Air Act.
As a condition of issuing an NSO, any issuing agency may require the smelter operator to pay a fee to the State or local agency sufficient to defray the issuing agency's expenses in issuing and enforcing the NSO.
The provisions promulgated in this part and the various applications thereof are distinct and severable. If any provision of this part or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions, or the application of such provisions to other persons or circumstances, which can be given effect without the invalid provision of application.
Any eligible smelter may apply for an NSO to the appropriate EPA Regional Office or to the appropriate State or local air pollution control agency.
(a) When application is made to EPA, all parts of the application required to be submitted under this subpart shall be sent directly to the Director, Stationary Source Compliance Division (EN-341), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460, Attention: Confidential Information Unit. In addition, the smelter owner shall send a copy of the application, except that part required to be submitted under § 57.203(b) (eligibility), directly to the appropriate EPA Regional Office.
(b) When application is made to the appropriate State or local agency, the smelter owner shall submit one complete copy of all parts of the application required to be submitted under this subpart to that agency, in addition to the application requirements contained in paragraph (a) of this section. If the smelter owner is requesting an advance eligibility determination pursuant to § 57.203(b), such request must be made in writing and shall accompany the copy of the application being sent to the Director of the Stationary Source Compliance Division of the Environmental Protection Agency.
(c) If the smelter owner is requesting a waiver of the interim constant control requirement of § 57.301, such request must be sent directly to the Director, Stationary Source Compliance Division, at the time of application, in accordance with § 57.802.
(d)
(2)(i) If the smelter is determined to be eligible for an NSO under paragraph (d)(1) of this section, the issuing Agency shall apply the appendix A financial eligibility tests again before issuing an NSO in order to determine if the smelter can comply with its SIP requirements on or before January 1, 1988 by installing adequately demonstrated
(ii) If application of the tests shows that the smelter could comply by or before January 1, 1988, the issuing agency shall notify the smelter of this determination, and shall not issue an NSO to the smelter unless the NSO contains a SIP compliance schedule meeting the requirements of § 57.705. Such a compliance schedule must provide for compliance with the smelter's SO
(iii) If no adequately demonstrated technology is found to be reasonably available to enable a smelter to comply by January 1, 1988, it would be excused from the compliance schedule requirement in § 57.201(d)(2)(ii), but it would be subject to reevaluation of its ability to comply by that date at any time during the term of the NSO. (See § 57.201(d)(3)).
(3) At any time during the term of an NSO which does not contain a SIP compliance schedule, EPA or the issuing agency may reevaluate the availability of technology to the smelter. If EPA or the issuing agency determines that adequately demonstrated technology is reasonably available to permit the smelter to comply with its SIP by or before January 1, 1988, the NSO shall be amended within 3 months time after such determination. The amendment shall require compliance with all SIP requirements by or before January 1, 1988, and shall include a compliance schedule meeting the requirements of § 57.705. The determination that adequately demonstrated technology is reasonably available shall be made by reapplying the same appendix A financial eligibility tests required by subpart B, updated by economic data reflecting current operating conditions and currently demonstrated control technology. Any such determination and amendment shall be governed by the provisions of this part and section 119 of the Clean Air Act.
(4) Notice and opportunity for public hearing in accordance with section 119 of the Clean Air Act must be provided before issuance of any NSO.
(e) A smelter that does not have any constant SO
(a)
(b)
(2) If an issuing agency transmits an NSO to EPA for approval before the expiration of the suspension of the Federal SIP emission limitation, the suspension shall continue until EPA approves or disapproves the NSO.
(a)
(b) Each smelter owner shall make the showing required by § 57.102(a)(3) by completing and submitting appendix A to this part and any necessary supplemental information to the issuing agency as a part of its application. Each smelter shall also submit as part of its application the information which, in conjunction with the information required by appendix A, is necessary for the issuing agency to make the determination required by § 57.201(d)(2). Any smelter owner or State may, at its option, simultaneously submit this material to EPA for an advance eligibility determination.
(c)
(1) A process flow diagram of the smelter, including current process and instrumentation diagrams for all processes or equipment which may emit or affect the emission of sulfur dioxide; the characteristics of all gas streams emitted from the smelter's process equipment (flow rates, temperature, volumes, compositions, and variations over time); and a list of all monitoring data and strip charts, including all data, charts, logs or sheets kept with respect to the operation of any process equipment which may emit or affect the emission of sulfur dioxide;
(2) The smelter's maximum daily production capacity (as defined in § 57.103(r)), the operational rate (in pounds of concentrate charged to the smelting furnace per hour) of each major piece of process equipment when the smelter is operating at that capacity; and the smelter's average and maximum daily production rate for each product, co-product, or by-product, by year, for the past four years;
(3) The optimal conversion efficiency (defined in terms of percent of total SO
(4) The average conversion efficiency of any acid plant or other sulfur dioxide control system during normal process operations (excluding malfunctions), by month, during the past four years.
(5) The percent of the time the acid plant or other control system was available for service during each month for the past four years, excluding downtime for scheduled maintenance, and a full explanation of any
(6) The frequency and duration of times during the past four years when the SO
(7) A description of all scheduled, periodic, shutdowns of the smelter during the past four years, including their purpose, frequency and duration; and the same information with respect to unscheduled shutdowns;
(8) The gas volume, rates, and SO
(9) The average monthly sulfur balance across the process and control equipment, including fugitive emissions, for the past 4 years; and
(10) A description of engineering techniques now in use at the smelter to prevent the release of fugitive emissions into the atmosphere at low elevations.
(d)
(e) A smelter may submit as part of its application, information necessary to determine any SIP compliance schedule which might be required under § 57.201(d)(2).
(f)
(g)
(h) Unless a smelter applies for a waiver in accordance with subpart H, a smelter shall submit as part of its application a proposed schedule for compliance with the interim constant control requirements of subpart C which satisfies the requirements of § 57.702.
(a) EPA may approve a second period NSO issued by a State before the date of publication of these regulations in the
(1) The second period NSO was issued by the State consistent with the procedural requirements of section 119 of the Clean Air Act;
(2) EPA can make a determination that the smelter is eligible for a second period NSO and whether the smelter can comply with its SO
(3) The provisions of the NSO are consistent with the requirements of these regulations.
(b) Should EPA require a smelter to submit information before taking final action on an NSO referred to in paragraph (a), of this section, it shall specify a reasonable period for submission of such information in light of the nature of the information being required. The duration of such period shall not exceed the period allowed for submission of a complete application under § 57.202 (a) and (b).
(c) The Agency shall consider the SIP emission limitation for SO
(a) In the event an SO
(b) Upon receipt of any supplementary information required under paragraph (a), the issuing agency shall promptly reevaluate the availability of the means of compliance with the new SIP limit under the NSO eligibility tests specified in § 57.102(b)(3). If the issuing agency determines that the demonstrated control technology necessary to attain the new SO
(c) EPA shall take action to approve or disapprove the issuing agency's determination and NSO amendment, if any, within a reasonable time after receipt of such determination and amendment.
(d) If EPA disapproves the issuing agency's determination or NSO amendment, or if a smelter fails to submit any supplementary information as required under paragraph (a), EPA and/or the issuing agency shall take appropriate remedial action. EPA shall take appropriate remedial action if the issuing agency does not make any determination and amendment required by this section within the time contemplated by § 57.202(a).
Each NSO shall require an interim level of sulfur dioxide constant controls to be operated at the smelter, unless a waiver of this requirement has been granted to the owner under subpart H of this part. Except as otherwise provided in § 57.304, the interim constant controls shall be properly operated and maintained at all times. The NSO shall require the following gas streams to be treated by interim constant controls:
(a) In copper smelters, off-gases from fluidized bed roasters, flash furnaces, NORANDA reactors, electric furnaces and copper converters;
(b) In lead smelters, off-gases from the front end of the sintering machine and any other sinter gases which are recirculated;
(c) In zinc smelters, off-gases from mult-hearth roasters, flash roasters and fluidized bed roasters; and
(d) In all primary nonferrous smelters, all other strong SO
(e) In all primary nonferrous smelters, any other process streams which were regularly or intermittently treated by constant controls at the smelter as of August 7, 1977.
(a)
(b)
(c)
(i) For sulfuric acid plants on copper smelters, 12-hour running average;
(ii) For sulfuric acid plants on lead smelters, 6-hour running average;
(iii) For sulfuric acid plants on zinc smelters, 2-hour running average;
(iv) For dimethylaniline (DMA) scrubbing units on copper smelters, 2-hour running average.
(2) A different averaging period may be established if the applicant demonstrates that such a period is necessary in order to account for the factors described in paragraph (b) of this section: Provided, that the period is enforceable and satisfies the criteria of paragraph (a) of this section.
(d)
(i) Heat exchangers and associated equipment inadequate to sustain efficient, autothermal operation at the average gas strengths and volumes received by the acid plant during routine process equipment operation;
(ii) Failure to completely fill all available catalyst bed stages with sufficient catalyst;
(iii) Inability of the gas pre-treatment system to prevent unduly frequent plugging or fouling (deterioration) of catalyst or other components of the acid plant; or
(iv) Blower capacity inadequate to permit the treatment of the full volume of gas which the plant could otherwise accommodate, or in-leakage of air into the flues leading to the plant, to the extent that this inadequacy results in bypassing of gas around the plant.
(2) Notwithstanding any contrary provisions of § 57.304(c) (malfunction demonstration), no excess emissions (as defined in § 57.304(a)) shall be considered to have resulted from a malfunction in the constant control system if the smelter owner has not upgraded serious deficiencies in the constant control system in compliance with the requirements of § 57.302(d)(1), unless the smelter owner demonstrates under § 57.304(c) that compliance with those requirements would not have affected the magnitude of the emission.
(e)
(2) To the extent that compliance with this requirement is demonstrated by the smelter operator to result in excess emissions during unavoidable start up and shut down of the control systems, those excess emissions shall not constitute violations of the NSO.
(a)
(b)
(a)
(b)
(1) Identity of the stack or other emission points where the excess emissions occurred;
(2) Magnitude of the excess emissions expressed in the units of each applicable emission limitation, as well as the operating data, documents, and calculations used in determining the magnitude of the excess emissions;
(3) Time and duration of the excess emissions;
(4) Identity of the equipment causing the excess emissions;
(5) Nature and cause of such excess emissions;
(6) Steps taken to limit the excess emissions, and when those steps were commenced;
(7) If the excess emissions were the result of a malfunction, the steps taken to remedy the malfunction and to prevent the recurrence of such malfunction; and
(8) At the smelter owner's election, the demonstration specified in paragraph (c) of this section.
(c)
(1) The air pollution control systems, process equipment, or processes were at all times maintained and operated, to the maximum extent practicable, in a manner consistent with good practice for minimizing emissions;
(2) Repairs were made as expeditiously as practicable, including the use of off-shift labor and overtime;
(3) The amount and duration of the excess emissions were minimized to the maximum extent practicable during periods of such emissions; and
(4) The excess emissions were not part of a recurring pattern indicative of serious deficiencies in, or inadequate operation, design, or maintenance of, the process or control equipment.
(d)
(1) The expected additional annual sulfur dioxide removal by any control system (including associated process changes) for which construction had not commenced (as defined in 40 CFR 60.2 (g) and (i)) as of August 7, 1977 and which the smelter owner agrees to install and operate under subpart F, would have offset such excess emissions if the system had been in operation throughout the year in which the maintenance was performed;
(2) The system is installed and operated as provided in the NSO provisions established under subpart F; and
(3) The system performs at substantially the expected efficiency and reliability subsequent to its initial break-in period.
(e) An NSO may provide that excess emissions which occur during acid plant start-up as the result of the cooling of acid plant catalyst due to the unavailability of process gas to an acid plant during a prolonged SCS curtailment or scheduled maintenance are not excess emissions. If the NSO does so provide, it shall also require the use of techniques or practices designed to minimize these excess emissions, such as the sealing of the acid plant during prolonged curtailments, the use of auxiliary heat or SO
(f) Requirements for a smelter with constant controls that applies for a waiver.
(1) If a smelter that has some interim constant controls applies for a waiver in accordance with subpart H, the following requirements shall apply pending action on the waiver application and following final action granting or approving a waiver:
(i) The NSO shall require the smelter to implement maintenance and operation measures designed to reduce to the maximum extent feasible the potential for bypass of existing interim constant controls.
(ii) Upon application for a waiver under subpart H, the smelter shall submit to the issuing agency for its approval and to EPA proposed maintenance and operation measures for compliance with the requirements of paragraph (i).
(iii) The remainder of this subpart shall apply except that: (A) The emission limitations required under this subpart shall be based only on existing constant control equipment as upgraded through the improved maintenance and operation required by this paragraph, and (B) bypass of existing controls shall not constitute excess emissions, provided the maintenance and operation requirements and emission limitations prescribed by the NSO are satisfied.
(2) After any denial of a waiver by the issuing Agency, or any disapproval by EPA of a waiver granted by the issuing agency, the NSO shall be amended consistent with the requirements of this subpart and § 57.702.
(a)
(i) Such monitors must be installed, operated and maintained in accordance with the performance specifications and other requirements contained in appendix D to 40 CFR part 52 or part 60. The monitors must take and record at least one measurement of SO
(ii) The sampling point shall be located at least 8 stack diameters (diameter measured at sampling point) downstream and 2 diameters upstream from any flow disturbance such as a bend, expansion, constriction, or flame, unless another location is approved by the Administrator.
(iii) The sampling point for monitoring emissions shall be in the duct at the centroid of the cross section if the cross sectional area is less than 4.645m
(iv) The measurement system(s) installed and used pursuant to this paragraph shall be subject to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case such specifications
(2) Each NSO shall require the monitoring of any ducts or flues used to bypass gases, required under this subpart to be treated by constant controls, around the smelter's sulfur dioxide constant control system(s) for ultimate discharge to the atmosphere. Such monitoring shall be adequate to disclose the time of the bypass, its duration, and the approximate volume and SO
(b)
(2) Each NSO shall require that the smelter maintain a record of all measurements and calculations required under § 57.303(b). Results shall be summarized on a monthly basis and shall be submitted to the issuing agency at 6-month intervals. The smelter owner shall retain a record of such measurements and calculations for at least one year after the NSO terminates.
(3) The report required under § 57.304(b) shall accompany the report required under paragraph (b)(1) of this section.
(c)
(2)
Except as provided in subpart E, each NSO shall require the smelter owner to prevent all violations of the NAAQS in the smelter's designated liability area (DLA) through the operation of an approved supplementary control system (SCS).
Each supplementary control system shall contain the following elements:
(a)
(1) The monitors shall be located at all points of expected SO
(2) The number and location of sites shall be based on dispersion modeling, measured ambient air quality data, meteorological information, and the results of the continuing review required by paragraph (f) of this section. The system shall include the use of at least 7 fixed monitors unless the issuing agency determines, on the basis of a demonstration by the smelter owner, that the use of fewer monitors would not limit coverage of points of high SO
(3) All monitors shall be continuously operated and maintained and shall meet the performance specifications contained in 40 CFR part 53. The monitors shall be capable of routine real time measurement of maximum expected SO
(b)
(c)
(1) Unless an acceptable demonstration is made under paragraph (c)(2) of this section, the DLA shall be a circle with a center point at the smelter's tallest stack and a minimum radius as given in the following table:
(2) The NSO may provide for a DLA with different boundaries if the smelter owner can demonstrate through the use of appropriate dispersion modeling and ambient air quality monitoring data that the smelter's controlled emissions could not cause or significantly contribute to a violation of the NAAQS beyond the boundaries of such a different area under any recorded or probable meteorological conditions.
(3) A violation of the NAAQS in the DLA of any smelter shall constitute a violation of that smelter's NSO, unless the issuing agency determines on the basis of a showing by the smelter owner that the smelter owner had taken all emission curtailment action indicated by the SCS operational manual and that the violation was caused in significant part by:
(i) Emissions of another source(s) which were in excess of the maximum permissible emissions applicable to such source(s),
(ii) Fugitive emissions of another source(s), or
(iii) The smelter's own fugitive emissions:
(4) For the purposes of this section, maximum permissible emissions for other sources are the highest of:
(i) SIP emission limitation;
(ii) Orders in effect under section 113(d) of the Clean Air Act; or
(d)
(1) In the case of any NSO applicant that would have a DLA which would overlap with the DLA of any other smelter that has applied for an NSO or has an NSO in effect, the NSO applicant shall include in its application an enforceable joint plan, agreed to by such other smelter(s). In determining whether a joint plan is required, the NSO applicant shall calculate its DLA according to the table in paragraph (c)(1) of this section. The DLA of the other smelter shall be calculated according to the table in paragraph (c)(1) unless the other smelter has an NSO in effect, in which case the boundaries in that NSO shall be used. The enforceable joint plan shall provide for:
(i) Emission curtailment adequate to ensure that the NAAQS will not be violated in any areas of overlapping DLAs; and
(ii) Conclusive prospective allocation of legal liability in the event that the NAAQS are violated in the area of overlapping DLAs.
(2) In the case of any NSO applicant that would have a DLA which would overlap with the DLA of any other smelter whose owner has not applied for an NSO (and does not have an NSO in effect), the NSO applicant's submittal shall contain a written consent, signed by a corporate official empowered to do so. The consent shall state that if, at any time thereafter, the owner of the other smelter applies for an NSO, and the other smelter's DLA would overlap with the NSO applicant's DLA, the NSO applicant will negotiate and submit an enforceable joint plan for emission curtailment and allocation of liability (as described in paragraph (d)(1) of this section). In determining whether it is necessary to submit such a consent, each smelter's DLA shall be calculated according to the table set forth in paragraph (c)(1) of this section. The consent shall state that a joint plan shall be submitted within 90 days of the issuing agency's notification to the NSO applicant of receipt of the other smelter's letter of intent, unless the issuing agency determines that the DLAs do not overlap. Failure of the NSO applicant to submit such a plan shall constitute grounds for denial of its NSO application or a violation of an effective NSO, as applicable.
(e)
(1) The operational manual shall prescribe emission curtailment decisions based on the use of real time information from the air quality monitoring network dispersion model estimates of the effect of emissions on air quality, and meteorological observations and predictions.
(2) The operational manual shall also provide for emission curtailment to prevent violation of the NAAQS within the smelter's DLA which may be caused in part by stack emissions, and to the extent practicable fugitive emissions, from any other source (unless that other source is a smelter subject to an NSO).
(3) The SCS operational manual shall include (but not be limited to):
(i) A clear delineation of the authority of the SCS operator to require all other smelter personnel to implement the operator's curtailment decisions;
(ii) The maintenance and calibration procedures and schedules for all SCS equipment;
(iii) A description of the procedures to be followed for the regular acquisition of all meteorological information necessary to operate the system;
(iv) The ambient concentrations and meteorological conditions that will be used as criteria for determining the need for various degrees of emission curtailment;
(v) The meteorological variables as to which judgments may be made in applying the criteria stated pursuant to paragraph (e)(3)(iv) of this section;
(vi) The procedures through which and the maximum time period within which a curtailment decision will be made and implemented by the SCS operator;
(vii) The method for immediately evaluating the adequacy of a particular curtailment decision, including the factors to be considered in that evaluation;
(viii) The procedures through which and the time within which additional necessary curtailment will immediately be effected; and
(ix) The procedures to be followed to protect the NAAQS in the event of a mechanical failure in any element of the SCS.
(f)
(a)
As a condition of receiving a Primary Nonferrous Smelter Order (NSO) under Section 119 of the Clean Air Act, for the smelter operated by (name of company) at (location), the undersigned official, being empowered to do so, consents for the company as follows:
(1) In any civil proceeding (judicial or administrative) to enforce the NSO, the company will not contest:
(a) Liability for any violation of the National Ambient Air Quality Standards for sulfur dioxide in the smelter's designated liability area (DLA), except on the ground that a determination under 40 CFR 57.402(c)(3) was clearly wrong; or
(b) The conclusive allocation of liability under NSO provisions satisfying 40 CFR 57.402(d)(1) between the company's smelter and any other smelter(s) for any violation of the National Ambient Air Quality Standards for sulfur dioxide in an area of overlapping DLAs.
(2) The issuing agency (as defined in 40 CFR 57.103) will be allowed unrestricted access at reasonable times to inspect, verify calibration of, and obtain data from ambient air quality monitors operated by the company under the requirements of the NSO.
(b)
(a)
(1) Such monitors shall be installed, operated, and maintained in accordance with the performance specifications and other requirements contained in appendices D and E to 40 CFR part 52. The monitors must take and record at least one measurement of sulfur dioxide concentration and stack gas flow rate from the effluent of each affected stack in each fifteen-minute period. (The NSO shall require the smelter operator to devise and implement any procedures necessary for compliance with these performance specifications.)
(2) The sampling point shall be located at least eight stack diameters (diameter measured at sampling point) downstream and two diameters upstream from any flow disturbance such as a bend, expansion, constriction, or flame, unless another location is approved by the Administrator.
(3) The sampling point for monitoring emissions shall be in the duct at the centroid of the cross section if the cross sectional area is less than 4.645 m
(4) The measurement system(s) installed and used pursuant to this paragraph shall be subject to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case such specifications
(5) The results of such monitoring, calibration, and maintenance shall be submitted in the form and with the frequency specified in the NSO.
(b)
(c)
(1) Submit a monthly summary indicating all places and times at which the NAAQS for SO
(2) Immediately notify EPA and the State agency any time concentrations of SO
(3) Make such other reports as may be specified in the NSO.
(a)
(1) Each NSO application shall include a complete description of any supplementary control system in operation at the smelter at the time of application and a copy of any SCS operational manual in use with that system.
(2) Each NSO application shall contain proposed NSO provisions for compliance with the requirements of §§ 57.401, 57.402 (c), (d), and (f), 57.403, 57.404, and 57.405 (b)(2).
(3) Each NSO application shall include a specific plan for the development of a system fulfilling the requirements of § 57.402(a), (b), and (e) (covering air quality monitoring network, meteorological network, and the SCS operational manual).
(b)
(2) Each NSO shall require the submission of a final report, within 6 months of the required date for completion of the measures specified in the approved plan evaluating the performance and adequacy of the SCS developed pursuant to the approved plan. The report shall include:
(i) A detailed description of how the criteria that form the basis for particular curtailment decisions were derived;
(ii) A complete description of each SCS element listed in § 57.402 (a) through (d) (covering monitoring, meteorology, and the DLA), and an explanation of why the elements fulfill the requirements of those sections;
(iii) A reliability study demonstrating that the SCS will prevent violations of the NAAQS in the smelter's DLA at all times. The reliability study shall include a comprehensive analysis of the system's operation during one or more three-month seasonal periods when meteorological conditions creating the most serious risk of NAAQS violations are likely to occur. Where it is impossible, because of time restraints, to include in such a study and analysis of the three month seasonal period with meteorological conditions creating the most serious risk of NAAQS violations, the study shall analyze the system's operation on the basis of all available information. The NSO shall provide that in such case, a supplemental reliability study shall be submitted after the end of the worst case three-month period as a part of
(iv) A copy of the current SCS operational manual.
(c)
(a) Each NSO shall require the smelter owner to use such control measures as may be necessary to ensure that the smelter's fugitive emissions do not result in violations of the NAAQS for SO
(b) A smelter which is operating under an NSO containing a SIP compliance schedule established in accordance with § 57.705 is required to be making progress toward compliance with any fugitive control requirements contained in its respective SIP and need not meet the other requirements contained in this subpart.
(c) A smelter which is subject to an NSO which does not contain a SIP compliance schedule must meet the provisions of §§ 57.502 and 57.503.
(a)
(b) Evaluation during the first 6 months of the NSO. The design and workplan of the study shall be approved, if adequate, by the issuing agency and included in the NSO. The study shall commence no later than the date when the NSO becomes effective and an analysis of its results shall be submitted to the issuing agency within 6 months of the effective date of the NSO. The study shall include an appropriate period during which the ambient air shall be monitored to determine the impact of fugitive emissions of sulfur dioxide, arsenic (at copper smelters only), lead (at lead and zinc smelters only), and total suspended particulates on the ambient air quality in the smelter's DLA.
The NSO of any smelter subject to the requirements of § 57.502(b) shall be amended, if necessary, within 6 months of EPA's receipt of the analysis specified in § 57.502(b), as provided in § 57.704(c) to implement the requirement of § 57.501. Measures required to be implemented may include:
(a)
(b)
(1) For reactors, installation and proper operation of primary hoods;
(2) For roasters, installation and proper operation of primary hoods on all hot calcine transfer points;
(3) For furnaces, installation and proper operation of primary hoods on all active matte tap holes, matte launders, slag skim bays, and transfer points;
(4) For converters, installation and proper operation of primary hoods for blowing operations, and where appropriate, secondary hoods for charging and pouring operations;
(5) For sintering machines, installation and proper operation of primary hoods on the sinter bed, all hot sinter ignition points, all concentrate laydown points, and all hot sinter transfer points;
(6) For blast furnaces, installation and proper operation of primary hoods on all active slag and lead bullion furnace tap holes and transfer points;
(7) For dross reverberatory furnaces, installation and proper operation of primary hoods on all active charging and discharging points;
(8) Maintenance of all ducts, flues and stacks in a leak-free condition to the maximum extent possible;
(9) Maintenance of all process equipment under normal operating conditions in such a fashion that out-leakage of fugitive gases will be prevented to the maximum extent possible;
(10) Secondary or tertiary hooding on process equipment where necessary; and
(11) Partial or complete building evacuation as appropriate.
Each NSO shall require the smelter owner to conduct an active program to continuously review the effectiveness of the fugitive emission control measures implemented pursuant to § 57.503 in maintaining the NAAQS and, if such measures are not sufficiently effective, to evaluate what additional measures should be taken to assure that the NAAQS will be maintained with a reasonably degree of reliability. The NSO shall also require submission of a semi-annual report to the issuing Agency detailing the results of this review and evaluation. Such a report may be submitted as part of the report required under § 57.402(f).
An NSO shall be amended within three months of submission of any report required under § 57.504 so as to require additional fugitive emission control measures if such report establishes that such additional measures are necessary to assure that the NAAQS will be maintained with a reasonable degree of reliability.
(a) This subpart is not applicable to NSOs which contain a SIP compliance schedule in accordance with § 57.705.
(b) The requirements of this subpart may be waived with respect to a smelter if the owner of that smelter submits with its NSO application a written certification by a corporate official authorized to make such a certification that the smelter will either comply with its SO
(c) Except as provided in paragraphs (a) and (b), each NSO shall require the smelter to conduct or participate in a specific research and development program designed to develop more effective means of compliance with the sulfur dioxide control requirements of the applicable State Implementation Plan than presently exist.
(a)
(1) The design and substantive elements of the research and development program, including the expected amount of time required for their implementation;
(2) The annual expected capital, operating, and other costs of each element in the program;
(3) The smelter's current production processes, pollution control equipment, and emissions which are likely to be affected by the program;
(4) Potential or expected benefits of the program;
(5) The basis upon which the results of the program will be evaluated; and
(6) The names, positions, and qualifications of the individuals responsible for conducting and supervising the project.
(b)
(2) A prerequisite for approval of an R&D proposal by EPA and any issuing agency is that the planned work must yield the most cost effective technology possible.
(c)
The approvability of any proposed research and development program shall be judged primarily according to the following criteria:
(a) The likelihood that the project will result in the use of more effective means of emission limitation by the smelter within a reasonable period of time and that the technology can be implemented at the smelter in question, should the smelter be placed on a SIP compliance schedule at some future date when adequately demonstrated technology is reasonably available;
(b) Whether the proposed funding and staffing of the project appear adequate for its successful completion;
(c) Whether the proposed level of funding for the project is consistent with the research and development expenditure levels for pollution control found in other industries;
(d) The potential that the project may yield industrywide pollution control benefits;
(e) Whether the project may also improve control of other pollutants of both occupational and environmental significance;
(f) The potential effects of the project on energy conservation; and
(g) Other non-air quality health and environmental considerations.
The research and development proposal shall include a provision for the employment of a qualified independent engineering firm to prepare written reports at least annually which evaluate each completed significant stage of the research and development program, including all relevant information and data generated by the program. All reports required by this paragraph shall be submitted to EPA and also to the issuing agency if it is not EPA.
Each NSO shall incorporate by reference a binding written consent, signed by a corporate official empowered to do so, requiring the smelter owner to:
(a) Carry out the approved research and development program;
(b) Grant each issuing agency and EPA and their contractors access to any information or data employed or generated in the research and development program, including any process, emissions, or financial records which such agency determines are needed to evaluate the technical or economic merits of the program;
(c) Grant physical access to representatives and contractors of each issuing agency to each facility at which such research is conducted;
(d) Grant the representatives and contractors of EPA and the issuing agency reasonable access to the persons conducting the program on behalf
The provisions of section 114 of the Act and 40 CFR part 2 shall govern the confidentiality of any data or information provided to EPA under this subpart.
This section applies to all smelters applying for an NSO. Each NSO shall require the smelter owner to meet all of the requirements within the NSO as expeditiously as practicable but in no case later than the deadlines contained in this subpart or any other section of these regulations. For requirements not immediately effective, the NSO shall provide increments of progress and a schedule for compliance. Each schedule must reflect the extent to which any required equipment or systems are already in place and the extent to which any required reports or studies have already been completed. Requirements for smelters to submit compliance schedules and the procedures which they must follow are outlined below.
(a) This section applies to all smelters which receive an NSO, but only to the extent this section is compatible with any SIP compliance schedule required by §§ 57.201(d)(2) and 57.705.
(b) Any NSO issued to a smelter not required to immediately comply with the requirements of subpart G under § 57.701 shall contain a schedule for compliance with those requirements as expeditiously as practicable but in no case later than 6 months from the effective date of the NSO, except as follows: Where a waiver is requested in accordance with subpart H, an NSO may be issued without a schedule for compliance with the requirements for which a waiver is being considered consistent with subpart H, pending a final decision on the request under subpart H. If a waiver is requested in accordance with subpart H, compliance with the requirements of subpart C which were deferred as a result of such request shall be achieved as expeditiously as practicable after, but in no case later than 6 months from a final decision by the issuing agency to deny a waiver under subpart H or disapproval by EPA of a waiver granted by the issuing agency. The time limits specified herein may be extended only if a smelter operator demonstrates that special circumstances warrant more time, in which case the compliance schedule shall require compliance as expeditiously as practicable. An NSO which does not contain a schedule for compliance with all the requirements of subpart C because a waiver has been requested in accordance with subpart H shall be amended in accordance with § 57.104 within three months after a final decision under subpart H so as to either grant a waiver of any remaining requirements of subpart C, or deny such a waiver and place the smelter on a compliance schedule for meeting those requirements. If the issuing agency grants a waiver and such waiver is disapproved by EPA, the issuing agency shall promptly amend the NSO so as to place the smelter on a compliance schedule meeting any remaining requirements of subpart C.
(c) Any schedule required under this section shall contain the following information and increments of progress to the extent applicable:
(1) Description of the overall design of the SO
(2) Descriptions of specific process hardware to be used in achieving compliance with interim SO
(3) The date by which contracts will be let or purchase orders issued to accomplish any necessary performance improvements;
(4) The date for initiating on-site construction or installation of necessary equipment;
(5) The date by which on-site construction or installation of equipment is to be completed; and
(6) The date for achievement of final compliance with interim emission limitations.
This section applies to all nonferrous smelters applying for an NSO.
(a) Schedules for smelters with existing SCS. Each NSO shall require immediately upon issuance of the NSO operation of any existing supplementary control system and immediately upon the effective date of the NSO the assumption of liability for all violations of the NAAQS detected by any monitor in the SCS system. Each NSO shall require that within six months of the effective date of the NSO the smelter complete any measures specified in the smelter's approved SCS development plan not implemented at the time the NSO is issued, and assume liability for all violations of the NAAQS detected anywhere in the DLA (except as provided in subpart D of these regulations). Other requirements of subpart D such as the requirements for submission of reports records, and for ongoing evaluation of the SCS shall be complied with at the times specified in subpart D and § 57.701.
(b) Compliance schedule for smelters with no existing SCS system. Where a smelter has no SCS at the time of issuance of the NSO, the NSO shall require compliance with the requirements of subpart D according to the following schedule:
(1) Within six months after the effective date of the NSO the smelter shall install all operating elements of the SCS system, begin operating the system, complete all other measures specified in its approved SCS development plan, begin compliance with the requirements of § 57.404, and assume liability for any violations of the NAAQS within its designated liability area (except as provided by subpart D), detected by the SCS monitors in place.
(2) Within nine months thereafter the smelter shall submit the SCS Report, assume liability for all violations of the NAAQS detected anywhere within its designated liability area, and comply with all other requirements of subpart D, except for those which subpart D specifies are to be satisfied at or after the close of such nine-month period, including requirements for submission of studies, reports, and records, and the requirements for continued review and evaluation of the SCS.
This section applies only to smelters not required to submit SIP Compliance Schedules under § 57.705. Each NSO shall require that smelters satisfy each of the requirements of subpart E as expeditiously as practicable, taking into account the extent to which those requirements have already been satisfied, and in any event, within any deadlines specified below.
(a)
(b)
(c)
(1) With respect to the additional use of SCS, upon approval or promulgation of the plan submitted under paragraph (a) of this section and upon approval or promulgation of the requirements for the system described in the additional SCS Report under paragraph (b) of this section;
(2) With respect to the additional use of engineering techniques, upon approval or promulgation of the compliance schedule required by paragraph (a) of this section.
This section applies to smelters which are required to submit a SIP Compliance Schedule as discussed below.
(a) Each SIP Compliance Schedule required by § 57.201(d) (2) and (3) must contain the following elements:
(1) Description of the overall design of the SO
(2) Descriptions of specific process hardware to be used in achieving compliance with the SIP emission limitation including gas capacity values;
(3) The date by which contracts will be let or purchase orders issued to accomplish any necessary performance improvements;
(4) The date for initiating on-site construction or installation of necessary equipment;
(5) The date by which on-site construction or installation of equipment is to be completed;
(6) The date for achievement of final compliance with SIP emission limitations; and
(7) Any other measures necessary to assure compliance with all SIP requirements as expeditiously as practicable.
(b)
(a) This subpart shall govern all proceedings for the waiver of the interim requirement that each NSO provide for the use of constant controls.
(b) In the absence of specific provisions in this subpart, and where appropriate, questions arising at any stage of the proceeding shall be resolved at the discretion of the Presiding Officer or the Administrator, as appropriate.
(a)
(2) The smelter owner shall append to the completed and signed appendix A full copies of all documents, test results, studies, reports, scientific literature and assessments required by appendix A. To the extent that the material consists of generally available published material, the smelter owner may cite to the material in lieu of appending it to appendix A. The smelter owner shall specificially designate those portions of any documents relied upon and the facts or conclusions in appendix A to which they relate.
(b)
(2) Failure to comply with the requirements of paragraphs (a) and (b)(1) of this section shall be grounds for denial of the requested waiver.
(c)
(d)
(e)
(f)
(1) The higher of the two net present values of future cash flows completed under the two alternative sets of assumptions set forth in the instructions to schedule D.6 in appendix A in less than liquidation (salvage) value; or
(2) The smelter's average variable costs at all relevant levels of production (after installation of interim constant control equipment) would exceed the weighted average price of smelter output for one year or more.
(a)
(i) A “Staff Computational Analysis,” using the financial information submitted by the smelter owner under § 57.802 to evaluate the economic circumstances of the smelter for which the waiver is sought;
(ii) A tentative determination as to whether an interim requirement for the use of constant controls would be so costly as to necessitate permanent or prolonged temporary cessation of operations at the smelter for which the waiver is requested. The tentative determination shall contain a “Proposed Report and Findings” summarizing the conclusions reached in the Staff Computational Analysis, discussing the estimated cost of interim controls, and assessing the effect upon the smelter of requiring those controls. The tentative determination shall also contain a proposed recommendation that the waiver be granted or denied, based upon the Proposed Report and Findings, and stating any additional considerations supporting the proposed recommendation. This tentative determination shall be a public document.
(2) In preparing the Proposed Report and Findings, the EPA staff shall attempt to the maximum extent feasible to avoid revealing confidential information which, if revealed, might damage the legitimate business interests of the applicant. The preceding sentence notwithstanding, the tentative determination shall be accompanied by a listing of all materials considered by EPA staff in developing the tentative determination. Subject to the provisions of § 57.814(a), full copies of all such materials shall be included in the administrative record under § 57.814, except that, to the extent the material
(b)
(1) Publication at least once in a daily newspaper of general circulation in the area in which the smelter is located; and
(2) Posting in the principal office of the municipality in which the smelter is located.
(c)
(d)
(e)
(1) A summary of the information contained in appendix A;
(2) The tentative determination prepared under paragraph (a) of this section: Provided, that except in the case of the smelter owner, a summary of the basis for the grant or denial of the waiver may be provided in lieu of the formal determinations required by paragraph (a)(1) of this section;
(3) A brief description of the procedures set forth in § 57.804 for requesting a public hearing on the waiver request, including a statement that such request must be filed within 30 days of the date of the notice;
(4) A statement that written comments on the tentative determination submitted to EPA within 60 days of the date of the notice will be considered by EPA in making a final decision on the application; and
(5) The location of the administrative record and the location at which interested persons may obtain further information on the tentative determination, including a copy of the index to the record, the tentative determination prepared under paragraph (a) of this section, and any other nonconfidential record materials.
(a)
(1) Identification of the person requesting the hearing and his interest in the proceeding;
(2) A statement of any objections to the tentative determination; and
(3) A statement of the issues which such person proposes to raise for consideration at such hearing.
(b)
(c)
(1) A statement of the time and place of the hearing;
(2) A statement identifying the place at which the official record on the application for waiver is located, the hours during which it will be open for public inspection, and the documents contained in the record as of the date of the notice of hearing;
(3) The due date for filing a written request to participate in the hearing under paragraph (d) of this section;
(4) The due date for making written submissions under 57.805; and
(5) The name, address, and office telephone number of the hearing Clerk for the hearing.
(d)
(1) A brief statement of the interest of the person in the proceeding;
(2) A brief outline of the points to be addressed;
(3) An estimate of the time required; and
(4) If the request is submitted by an organization, a nonbinding list of the persons to take part in the presentation. As soon as practicable, but in no event later than two weeks before the scheduled date of the hearing, the Hearing Clerk shall make available to the public and shall mail to each person who asked to participate in the hearing a hearing schedule.
(e)
(a)
(b)
(1) Written comments submitted by other participants pursuant to paragraph (a) of this section;
(2) Written comments submitted in response to the notice of hearing;
(3) Material in the hearing record; and
(4) Material which was not and could not reasonably have been available prior to the deadline for submission of main comments under paragraph (a) of this section.
(c)
(d)
(2) Notwithstanding the foregoing, within two weeks prior to either deadline specified by paragraph (a) of this section for the filing of main comments, any person who has filed a request to participate in the hearing may
(a)
(2) If the parties to the hearing waive their right to have the Agency or an Administrative Law Judge preside at the hearing, the Administrator shall appoint an EPA employee who is an attorney to serve as presiding officer.
(b)
(1) Chair and conduct administrative hearings held under this subpart;
(2) Administer oaths and affirmations;
(3) Receive relevant evidence: Provided, that the administrative record, as defined in § 57.814, shall be received in evidence;
(4) Consider and rule upon motions, dispose of procedural requests, and issue all necessary orders;
(5) Hold conferences for the settlement or simplification of the issues or the expediting of the proceedings; and
(6) Do all other acts and take all measures necessary for the maintenance of order and for the efficient, fair and impartial conduct of proceedings under this subpart.
(a)
(b)
(c)
(d)
(e)
(a)
(1) The disputed issue(s) of material fact as to which cross-examination is requested. This shall include an explanation of why the questions at issue are factual, rather than of an analytical or policy nature; the extent to which they are in dispute in the light of the record made thus far, and the extent to which and why they can reasonably be considered material to the decision on the application for a waiver; and
(2) The person(s) the participant desires to cross-examine, and an estimate of the time necessary. This shall include a statement as to why the cross-examination requested can be expected to result in full and true disclosure resolving the issue of material fact involved.
(b)
(1) The issues as to which cross-examination is granted;
(2) The persons to be cross-examined on each issue;
(3) The persons allowed to conduct cross-examination;
(4) Time limits for the examination of witnesses; and
(5) The date, time and place of the supplementary hearing at which cross-examination shall take place. In issuing this ruling, the Presiding Officer may determine that one or more participants have the same or similar interests and that to prevent unduly repetitious cross-examination, they should be required to choose a single representative for purposes of cross-examination. In such a case, the order shall simply assign time for cross-examination by that single representative without identifying the representative further.
(c)
(d)
(2) In passing on any request for cross-examination submitted under paragraph (a) of this section, the Presiding Officer may, as a precondition to ruling on the merits of such request, require that alternative means of clarifying the record be used whether or not a request to do so has been made under the preceding paragraph. The person requesting cross-examination shall have one week to comment on the results of utilizing such alternative means, following which the Presiding Officer, as soon as practicable, shall issue an order granting or denying such person's request for cross-examination.
(a)
(2) No member of the decisional body shall make or knowingly cause to be made to any interested person outside the Agency or member of the Agency trial staff an ex parte communication relevant to the merits of the proceedings.
(b)
(2) Upon receipt by any member of the decisionmaking body of an ex parte communication knowingly made or knowingly caused to be made by a party or representative of a party in violation of this section, the person presiding at the stage of the hearing then in progress may, to the extent consistent with justice and the policy of the Clean Air Act, require the party to show cause why its claim or interest in the proceedings should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.
(c)
(1)
(2)
(3)
(i) Communications between Agency employees other than between the Agency trial staff and the member of the decisional body;
(ii) Discussions between the decisional body and either:
(A) Interested persons outside the Agency, or;
(B) The Agency trial staff if all parties have received prior written notice of such proposed communications and have been given the opportunity to be present and participate therein.
(4)
Unless otherwise ordered by the Presiding Officer, each hearing participant may, within 20 days after reply comments are submitted under § 57.805(b), or if a supplementary hearing for the purpose of cross-examination has been held under § 57.808(c), within 20 days after the transcript of such supplemental hearing becomes available or if alternative methods of clarifying the record have been used under § 57.808(d), within 20 days after the alternative methods have been employed, file with the Hearing Clerk and serve upon all other hearing participants proposed
As soon as practicable after the conclusion of the hearing, one or more responsible employees of the Agency shall evaluate the record for preparation of a recommended decision and shall prepare and file a recommended decision with the Hearing Clerk. The employee(s) preparing the decision will generally be members of the hearing panel and may include the Presiding Officer. Such employee(s) may consult with and receive assistance from any member of the hearing panel in drafting a recommended decision and may also delegate the preparation of the recommended decision to the panel or to any member or members of it. This decision shall contain the same elements as the tentative determination. After the recommended decision has been filed, the Hearing Clerk shall serve a copy of such decision on each hearing participant and upon the Administrator.
(a)
(2) Within 10 days of the service of exceptions and briefs under paragraph (a)(1) of this section, any hearing participant may file and serve a reply brief responding to exceptions or arguments raised by any other hearing participant together with references to the relevant portions of the record, recommended decision, or opposing brief. Reply briefs shall not, however, raise additional exceptions.
(b)
(c)
(d)
(a)
(b)
(c)
(a)
(2) All material required to be included in the record shall be added to the record as soon as feasible after its receipt by EPA. All material in the record shall be appropriately indexed. The Hearing Clerk shall make appropriate arrangements to allow members of the public to copy all nonconfidential record materials during normal EPA business hours.
(3) Confidential record material shall be indexed under paragraph (a)(2). Confidential record material shall, however, be physically maintained in a separate location from public record material.
(4) Confidential record material shall consist of the following:
(i) Any material submitted pursuant to § 57.802 for which a proper claim of confidentiality has been made under section 114(c) of the Act and 40 CFR part 2; and
(ii) The Staff Computational Anaylsis prepared under § 57.803
(b)
(c)
(d)
(e)
(2) Where a hearing has been held, the administrative record for issuance of the Administrator's final decision shall consist of the record of preparation of the recommended decision, any briefs or reply briefs submitted under § 57.812 (a) through (c), and the transcript of any oral argument granted under § 57.812(d).
The Administrator shall give notice of the final decision in writing to the air pollution control agency of the State in which the smelter is located.
No waiver of the interim requirement for the use of constant controls shall be granted by the Administrator or a State unless the Administrator or a State first takes into account the Administrator's report, findings, and recommendations as to whether the use of constant controls would be so costly as to necessitate permanent or prolonged temporary cessations of operation of the smelter.
1.1 Purpose of the application. This application provides financial reporting schedules and the accompanying instructions for EPA's determination of eligibility for a nonferrous smelter order (NSO), and for a waiver of the interim constant controls requirement of an NSO. Although the determination of eligiblity for an NSO is prequisite for the determination of a waiver, appendix A, as a matter of convenience to applicants, includes both the NSO and waiver tests and reporting schedules.
In order to support an NSO eligibility determination, the applicant must submit operating and financial data as specified by the schedules included in this application. Specific instructions for completing each schedule are provided in subsequent sections of the instructions. In general, applicants must provide:
(a) Annual income statements, balance sheets and supporting data covering the five most recent fiscal years for the smelter for which the NSO requested.
(b) Forecasts of operating revenues, operating costs, net income from operations and capital investments for the firm's smelter operations subject to this application, on the basis of anticipated smelter operations without any sulfur dioxide air pollution control facilities that have not been installed as of the NSO application date.
(c) Forecasts of operating revenues, operating costs, net income from operations and capital investments for the firm's smelter operations subject to this application, on the basis of anticipated smelter operations with expected additional sulfur dioxide control facilities required to comply with the smelter's SIP emission limitation.
(d) For smelters applying for a waiver of interim constant controls, forecasts of operating revenues, operating costs, and capital investments for the firm's smelter operations prepared on the basis of two alternative assumptions: (1) Installation of additional pollution control facilities required to comply with interim constant control requirements, no installation of any additional
1.2 NSO financial tests. EPA will use separate tests to determine eligibility for an NSO and to evaluate applications for a waiver of the interim constant control requirement. The two tests for NSO eligibility employ a present value approach for determining the reasonable availability of constant control technology that will enable an applicant to achieve full compliance with its SIP sulfur dioxide emission limitation. The tests for the waiver of the interim constant control requirements employ variable costing and discounted cash flow standards for evaluating an applicant's economic capability to implement those requirements.
1.2.1
(a)
(b)
1.2.2
1.2.3 Permanent Waiver from Interim Controls. Applicants that do not have an existing constant control system or whose constant controls are not sufficient when in operation and optimally maintained to treat all strong streams in accordance with subpart C, may apply for a waiver of the requirements of subpart C with respect to any interim constant controls not already installed. Applicants will be eligible for a permanent waiver of the requirement for interim constant controls not already installed, if they can establish pursuant to the procedures in this application that an imposition of such control requirements would necessitate permanent closure of the smelter. Economic justification for a permanent closure is defined as a situation in which the present value of future cash flows anticipated from the smelter after installing the required interim control technology is less than the smelter's current salvage value under an orderly plan of liquidation. Future cash flows are determined under two alternative assumptions. The higher present value of cash flows computed under these assumptions is then compared to salvage value.
1.2.4 EPA Contact for NSO Inquiries. Inquiries concerning this portion of the requirements for NSO application should be addressed to Laxmi M. Kesari, Environmental Protection Agency, EN 341, 401 M Street SW., Washington, DC 20460.
1.2.5 Certification. The NSO Certification Statement must be signed by an authorized officer of the applicant firm.
1.3 Confidentiality. Applicants may request that information contained in this application be treated as confidential. Agency regulations concerning claims of confidentiality of business information are contained in 40 CFR part 2, subpart B (41 FR 36902
2.1 Revenue and Cost Assignment. The amounts assigned to operations of the smelter subject to this NSO application should include (1) revenues and costs directly attributable to the smelter's operating activities and (2) indirect operating costs shared with other segments of the firm to the extent that a specific causal and beneficial relationship can be identified for the allocation of such costs to the smelter. Do not allocate revenues and costs associated with central administrative activities for which specifc causal and beneficial relationships to the activities of the smelter cannot be established. Nonallocable items include, but are not restricted to, amounts such as dividend and interest income on centrally administered portfolio investments, central corporate administrative office expenses and, except for schedules supporting the Profit Protection Test, interest on long-term debt financing arrangements. Provide a detailed explanation of amounts classified as nontraceable on a separate schedule and attach as part of Exhibit B.
2.2 Transfer Prices on Affiliated Part Transactions. Certain transactions by the smelter subject to an NSO application may reflect sales to or purchases from “affiliated” customers or suppliers with whom the smelter has a common bond of ownership and/or managerial control. In preparing this application, affiliated party transactions shall be defined as transactions with any entity that the firm, or its owners, controls directly or indirectly either through an ownership of 10 percent or more of the entity's voting interests or through an exercise of managerial responsibility. Applicants must attach as part of Exhibit B supporting schedules explaining the pricing policies established on affiliated party transactions incorporated in the financial reporting schedules.
Prices on inter-segment material and product transfers within a firm, or on external purchases from and sales to other affiliated suppliers and customers, may differ from the prices on comparable transactions with unaffiliated suppliers and customers. In this event, applicants also must present in the Exhibit B supporting schedules and incorporate in the NSO financial reporting schedules appropriate adjustments for restating affiliated party transactions. Affiliated party transactions must be restated at either (a) equivalent prices on comparable transactions with unaffiliated parties if such price quotations can be obtained or (b) prices that provide the selling entity with a normal profit margin above its cost of sales if a meaningful comparison with unaffiliated transaction prices cannot be established.
A “normal” profit margin is defined as the gross operating profit per dollar of operating revenue that will provide an average after-tax rate of return on permanent capital (total assets less current liabilities). This average rate of return is defined differently for the historical and forecast periods. The applicant must use a rate of return of 8.0 percent for the
Forecast smelting charges for integrated smelters can be computed from forecast market smelting charges. Integrated copper smelters may use as the basis of their forecast revenues the forecast copper smelting charges provided by EPA, adjusted as described in Section 2.4.1. An applicant may submit other forecasts, providing the forecast methodology is in accordance with the guidelines in Section 2.5 and fully documented as part of Exhibit B.
2.3 Forecasting Requirements. NSO applicants must provide the Agency with financial forecasts in Schedules B.1 through B.6 and C.1 through C.2. Applicants requesting either a temporary or permanent waiver from interim constant control requirements also must provide an additional set of financial forecasts in Schedules D.1 through D.4.
2.3.1 Forecast Period. The forecast period must include at least two full years following completion and startup of the required pollution control system. The forecast period shall be from 1984 through 1990 for an NSO application filed in 1984. If an application is filed in a later year, the 1984 through 1990 period should be adjusted accordingly. All references in this appendix to the period 1984 through 1990 should be interpreted accordingly.
2.3.2 Forecast Adjustment by Control Case. Some line items that have the same title in
2.3.3 Nominal Dollar Basis. Applicants must make their financial forecasts in terms of nominal dollars. Forecasts of selected parameters provided by EPA will furnish quidelines to an applicant in preparing the required cost and revenue estimates. In particular, copper smelting charges provided in nominal-dollar terms must be used dierctly by the applicant as given; i.e., the stipulated charge estimates should not be inflated.
2.3.4 Tolling Service Equivalent Basis. Applicants must express all revenue forecasts on a tolling service equivalent basis. Thus, forecast revenues are computed as the product of the forecast quantity of processed concentrate, the forecast average product grade of the concentrate (the percent of metal in the concentrate), and the forecast smelting charge. Smelters that are not tolling smelters and that do not use the copper smelting charges provided by EPA (as described in Section 2.4.1) can forecast a smelting charge from forecast product grade of the concentrate, percent recovery, and product and concentrate prices. The forecast prices and derivation of the smelting charge must be in accordance with the guidelines in Section 2.5, and the methodology must be fully documented in Exhibit B.
2.4 EPA Furnished Forecast Data. In making projection for the period 1984 through 1990, applicants must, except as noted below, use the indices provided by EPA. The table below presents yearly values for each index (expressed as annual percentage rates of change) to be used by smelters applying for an NSO before January 1, 1985. If forecasts are needed for 1991 and EPA has not provided new forecasts, applicants should use the Data Resources, Inc. forecasts for 1991 (Docket Item No. IV-A-6c) and the average of CRU's forecasts for 1989 and 1990 (expressed in 1991 dollars).
2.4.1 Copper smelting charge. EPA will supply a forecast of reference copper smelting charges. These charges, which are f.o.b. U.S. mine, are based on an estimate of export smelting charges and on the differential value of copper in the U.S. and the world market. They must be used in forecasting unaffiliated party revenues for the period following the expiration of existing contracts and in forecasting affiliated party revenues for the entire forecast period. The applicant may submit its own smelting charge forecast for the post-contract period, provided that such forecast is in accordance with the guidelines in Section 2.5 and fully documented and substantiated as part of Exhibit B.
The EPA forecast export charge represents the world market copper smelting charge with copper valued at the London Metal Exchange (LME) copper price. This charge serves as the reference charge for the applicant copper smelter in calculating its smelting charges. Applicant copper smelters must derive their smelting charges from this world market charge as described in paragraph (a) below.
The applicant may adjust the derived smelter-specific smelting charge to account for other factors, provided the adjustments are fully documented as part of Exhibit B. An example of such a factor is the unit deduction for metallurgical losses in smelting. Adjustment for this factor is discussed in paragraph (b) below.
(a) The derivation of a smelter-specific smelting charge from the world market charge is based on assumptions regarding transportation costs and the U.S. producer-world copper price differential. The EPA
The smelter's net smelting charge is equal to the combined world smelting charge, adjusted to the U.S. producer price for copper (i.e., the export forecast charge plus the U.S. producer price premium), and the transportation cost between the mine and a Far East smelter, minus the cost of transporting the concentrate between the mine and the applicant smelter.
The applicant smelter's net smelting charge for concentrate from an individual mine is computed by first adding the U.S. producer Price-LME world price differential to the EPA-supplied forecast. The cost of transporting copper from the U.S. mine to the Far East is then added to this figure. The net smelting charge is obtained by subtracting from this total the cost of transporting copper from the mine to the applicant smelter. In making these calculations, an applicant must supply (and fully document in Exhibit B), the freight cost between the mine and the Far East and between the mine and the smelter. This freight cost must be converted to nominal dollars of the respective forecast years by applying the GNP percentage price change forecasts supplied by EPA or smelter-provided forecasts of transportation price changes. The smelter-provided forecasts of transportation price changes must comply with guidelines regarding such forecasts in Section 2.5.
An applicant must use a 3 cent per pound U.S. producer price premium (relative to the LME price) in calculating the smelter's net smelting charge. The applicant may substitute its own forecasts of the U.S. producer price premium if it can substantiate such forecasts in accordance with the guidelines in Section 2.5 regarding applicant-provided smelting charge forecasts of principal products. All supporting documentation for such applicant-supplied forecasts must be supplied in Exhibit B. Any updates of the producer price premium will be available in the rulemaking docket or from the INFORMATION CONTACT noted in the
The following two representative examples illustrate this methodology for making the transportation and U. S. producer price premium adjustment.
(1) The applicant smelter, located in Arizona, obtains concentrate from an adjacent mine. The freight charge from mine to smelter is zero. The mine is willing to pay the applicant smelter an amount no higher than the sum of the world market smelting charge (adjusted for the copper value differential) and the transportation cost of shipping copper from the mine to the Far East. This combined cost is the net charge received by the applicant smelter. If the export smelting charge is 12 cents per pound and the freight cost between the mine and the Far East is 13 cents per pound, the applicant smelter would calculate a net smelting charge equal to 28 cents: 12 cents plus 3 cents (for the U.S. producer price premium) plus 13 cents (for the freight cost between the mine and the Far East).
(2) The applicant smelter obtains concentrate from a nonadjacent mine. The mine will pay a charge no higher than the total market smelting charge, valued at the U.S. producer price, and the transportation costs between the mine and a Far East smelter. The applicant's net smelting charge is equal to this combined cost minus the transportation costs for shipping the concentrate between mine and applicant smelter.
Suppose that the mine to Far East freight charge is 13 cents per pound and the mine to applicant smelter freight charge is 4 cents per pound. If the export smelting charge is 12 cents per pound, the net smelting charge is equal to 24 cents per pound: 12 cents plus 3 cents (for the U.S. producer price premium) plus 13 cents (for the freight cost to the Far East) minus 4 cents (for the freight cost to the applicant smelter).
(b) The EPA forecast charges are based on a one unit deduction for metallurgical losses. This means that if a concentrate grades 25 percent copper, the mine is only credited with 24 percent for metal return. The one unit deduction on 25 percent concentrate is equivalent to a 96 percent payment for contained copper. Should a smelter recover less than 96 percent, its revenue would be less than the EPA forecast smelting charge. Should a smelter recover more than 96 percent, its revenue would be greater than the EPA forecast smelting charge.
2.4.2 Indices (Annual Percentage Changes). These indices, which are expressed as annual percentage rate changes in price (wages, energy prices, and GNP price deflator) must be used only for estimating the rate of price increases for the forecast period following the expiration of the applicant's current contracts. The applicant may use alternative forecasts of annual percentage changes for the forecast period following the expiration of current contracts, if justification is provided. Any such alternative forecasts must be prepared by a widely-recognized forecasting authority with expertise comparable to that of the forecaster relied upon by EPA.
The wage indices are to be applied to wage paid to manufacturing labor. The energy price indices are to be applied to prices of the respective energy products. The GNP price deflators are to be applied to prices for non-metal, non-labor, and non-energy inputs.
2.5 Applicant Generated Forecasts. Within the specified limitations, applicants may submit a method of forecasting smelting charges and by-product, co-product and other prices. The method selected must be explained and unit prices or costs provided where applicable. The forecast elements must be compatible with an applicant's historical cost and revenue elements to permit direct comparisons of historical and forecast data. Applicants must attach as part of Exhibit B appropriate schedules explaining variances between forecast and historical unit costs for the smelter.
Forecasts of the smelting charges of the smelter's principal product (i.e., copper, lead, zinc, etc.) may be prepared either by an independent forecasting authority or by the smelter's in-house personnel. If the forecasts are prepared by an independent forecasting authority, the following conditions must be satisfied: (1) The forecasting authority must have expertise comparable to that of the forecaster relied upon by EPA. (2) As much documentation of the forecasting methodology as can reasonably be obtained must be made available to EPA. Such documentation must, at a minimum, be comparable to the documentation supporting EPA smelting charge forecasts.
If the smelting charge forecasts are prepared by in-house personnel, the following conditions must be met: (1) The in-house forecasts must be certified as being based on sound methodology by an independent forecasting authority with expertise comparable to that of the forecaster who prepared the EPA-supplied smelting charges. The independent forecasting authority shall also provide a brief explanation of the basis for the conclusion reached in the certification. (2) The smelter owner shall provide EPA with the documentation of the forecasting methodology employed, which must at a minimum be comparable to the extent of documentation supporting EPA's smelting charge forecasts. The smelter owner shall also make available upon request by EPA such additional documentation of the methodology and underlying data as EPA considers appropriate for evaluation of the forecasts.
Forecasts of freight cost changes, which are applied to the freight costs used in calculating a smelter's net smelting charges, must be prepared by a widely-recognized forecasting authority. The forecaster's expertise must be comparable to that of the forecaster relied upon by EPA in forecasting the annual percentage changes in wages, energy prices, and GNP. The documentation of these forecasts must be comparable to that provided by EPA's forecaster.
To the maximum extent practicable, by-product, co-product and (when applicable) unaffiliated smelting charges must be stated at market prices adjusted to f.o.b. smelter. Adjustments of these pricing bases must be made to reflect differences in grades and types of production. All adjustments must be consistent with expected sales, grades and types of concentrate processed. Applicants must attach as part of Exhibit B schedules describing and explaining the methods used to forecast these revenue items and the adjustments required for these revenue forecasts.
Applicants must explain fully any changes from the historical data that are required to forecast labor productivity, ore-concentrate grade and composition, materials and energy consumption per unit of output, yield rates and other physical input/output relationships.
Existing contractual terms must be used in forecasting those sales or input costs or prices to which the applicant is committed by contracts. The use of contract-dictated prices must be disclosed and supported by attaching as part of Exhibit B the terms and duration of labor and other supplier arrangements.
Cost of compliance estimates need not be to the accuracy of final design/bid estimates; feasibility grade estimates will be acceptable. Updated cost of compliance estimates used in internal five year plans or specially prepared estimates of costs of compliance will generally be satisfactory.
2.6 Weighted Average Cost of Capital for Nonferrous Metal Producers. The industry average cost of capital is a weighted average of the rates of return for equity and debt. Its components are the interest rate and the return on equity specific to the nonferrous metals industry.
2.6.1 Computation.
(a)
(b)
(c)
2.6.2 Discount Factor. The discount factor corresponding to the weighted average cost of capital for any forecast year is computed according to the following equation:
The horizon value, which is described in Section 2.7, is computed as of 1990, the end of the detailed forecast period. The discount factor to be applied to the horizon value is the same as for any other 1990 figure. For example, if the application is made in 1984, the value of N is 7.
2.7 Horizon Value. The horizon value is the present value of a stream of cash flows or net income for 15 years beyond the last forecast year. Applicants must compute the horizon value by capitalizing the average forecast value of the last two forecast years using the current real weighted cost of capital. The line item instructions for schedules having a horizon value entry will specify the values to be capitalized.
The applicant averages the values of the last two years after expressing both values in terms of the last year's dollars. The two-year average value is then multiplied by 9.6. This is the factor associated with capitalizing a 15 year value stream at the current
Applicants must use a separate schedule to calculate the horizon value for the Rate of Return Test and the Interim Controls Test (Schedule C.5 and D.7, respectively). These separate schedules adjust for potential overstatements in the horizon value cash flows that may be caused by control equipment depreciation reported for tax purposes.
2.8 Data Entry
2.8.1 Rounding. All amounts (including both dollar values and physical units) reported in the schedules and exhibits accompanying this application must be rounded to the nearest thousand and expressed in thousands of dollars or units unless otherwise indicated in the instructions.
2.8.2 Estimates. Where an applicant's records cannot produce the specific data required by this application, the use of estimates will be allowed if a meaningful estimate can be made without significant distortion of the reported results. Data estimates must be supported by attaching on a separate sheet of paper as a part of Exhibit B an explanation identifying where such estimates are used and showing explicitly how the estimates were made.
2.8.3 Missing Data. Applicants must provide, where applicable, all operating and financial data requested by this application. Only substantially complete applications can be accepted for processing by the Agency. Questions concerning data entries for which information is not provided by or cannot reasonably be estimated from the applicant's existing accounting records should be addressed to the EPA Contact for NSO Inquiries.
2.8.4 Historical Period. The annual data requested in the historical schedules, Schedules A.1 through A.4, must be reported for each of the five fiscal years immediately preceding the year in which this application is filed. The historical period shall be from fiscal years 1979 through 1983 for an NSO application filed in 1984. If an application is filed in a later year, the references in this appendix to the period 1979 through 1983 should be interpreted accordingly.
2.9 Use of schedules. All applicants must complete Schedules A.1 through A.4, which record historical revenues, cost, and capital investment data. These schedules will be used by EPA to assist in evaluating forecast data. Completion of the remaining schedules depends on the test required of the applicant.
2.9.1 NSO Eligibility. An NSO applicant must pass one of the following two tests and complete the corresponding schedules.
(a)
Schedule B.7 presents the calculations for the Profit Protection Test. The applicant enters the forecast profits from Schedules B.3 and B.6. The present value of the forecast profits is then computed for each case. If the present value of forecast pre-tax profits with constant controls is less than 50 percent of the present value of forecast pre-tax profits without controls (base case) the smelter passes the test and is eligible for an NSO.
(b)
Schedule C.4 presents the calculations for the Rate of Return Test. The applicant reports in Schedule C.4 the forecast cash flows from Schedules C.1 and C.2 and the horizon value from Schedule C.5, computes their present value, and subtracts the value of invested capital in constant dollars (taken from Schedule C.3) to yield net present value. If the net present value is less than zero, the smelter passes the test and is eligible to receive an NSO. This result indicates that the smelter is expected to earn a rate of return less than the industry average cost of capital.
2.9.2 Interim Control Waivers. An applicant for a waiver from interim controls must complete either a portion or all of Schedules D.1 through D.7, depending on whether the application is for a temporary or permanent waiver.
(a)
(b)
Schedules D.1 and D.2 report forecast revenue and cost data under each assumption. Schedule D.3 summarizes Schedules D.1 and D.2, and Schedule D.4 reports forecast sustaining capital under each assumption. Schedule D.5 reports cash proceeds from liquidation.
Schedule D.6 presents the calculations for the permanent waiver test. In Schedule D.6, the applicant reports cash flow projections from Schedules D.3 and D.4 and the horizon value from Schedule D.7, computes their present value and subtracts the current salvage value (taken from Schedule D.5) to yield net present value. The higher of the two net present value figures computed under the two alternative assumptions must be used in the test. If the higher net present value figure is negative, the applicant is eligible for a permanent waiver.
2.10 Use of exhibits. In addition to data required by the schedules included in this application, the following information must be attached as exhibits.
2.10.1 Exhibit A. Background information on the firm's organizational structure and its associated accounting and financial reporting systems for primary nonferrous activities. This information must include, where applicable, the firm's:
(a) Operating association with an ownership control in consolidated subsidiaries, unconsolidated subsidiaries, joint ventures and other affiliated companies.
(b) Organizational subdivision of its primary nonferrous activities into profit centers, cost centers and/or related financial reporting entities employed to control the operation of its mines, concentrators, smelters, refineries and other associated facilities.
(c) Material and product flows among the smelter subject to this NSO application, other integrated facilities and its affiliated suppliers and/or customers. In the case of integrated facilities, applicants must provide process flow diagrams depicting the operating interrelationships among its mines, concentrators, smelters, refineries and other integrated facilities. For both integrated and nonintegrated facilities, applicants also must describe the proportion contributed to its primary nonferrous activities by material purchases from and product sales to affiliated suppliers and customers.
(d) Annual operating capacity over the five most recent fiscal years for the smelter subject to this application. Operating capacity must be defined in terms of the total quantity of throughput that could have been processed with the available facilities after giving appropriate allowance to normal downtime requirements for maintenance and repairs. Operating capacity data also must consider both capacity balancing requirements among processing steps and annual
(e) Weighted average analysis of concentrates processed and tonnage produced annually over each of the five most recent fiscal years by the smelter subject to this application.
(f) Accounting system and policies for recording investment expenditures, operating revenues, operating costs and income taxes associated with its primary nonferrous activities. Applicants also must provide a complete description of allocation techniques employed for assigning investments, revenues, costs and taxes to individual profit, cost of departmental centers for which costs are accumulated. Applicants must further indicate the relationship of cost and/or departmental accounting entities to the firm's established profit centers.
(g) Annual five-year operating and capital expenditure plans (or budgets) by individual nonferrous profit center. These documents must include previous plans prepared for the five preceding fiscal years as well as the current one-year and five-year operating and capital expenditure plans. At least the current one-year and five-year plans must provide a specific breakdown of investment expenditures and operating costs associated with the operation and maintenance of each profit center's existing and proposed pollution control facilities.
2.10.2 Exhibit B. Supplemental description and explanation of items appearing in the financial reporting schedules. Other parts of Section 2 and the detailed instructions for the Schedules specify the information required in Exhibit B.
2.10.3 Exhibit C. Financial data documentation. Applicants must document annual balance sheet, income statement and supporting data reported for the firm's preceding five fiscal years or for that portion of the past five years during which the firm engaged in smelter operations. This documentation must be provided by attaching to the application:
(a) SEC 10-K reports filed by the parent corporation for each of the preceding five fiscal years.
(b) Certified financial statements prepared on a consolidated basis for the parent corporation and its consolidated subsidiaries. This requirement may be omitted for those years in which SEC 10-K reports have been attached to this Exhibit.
(c) Business Segment Information reports filed with the Securities and Exchange Commission by the firm for each of the preceding five years (as available).
The amounts assigned to the subject smelter should include both (1) investments and liabilities directly identifiable with the smelter's operating activities and (2) asset investments shared with other segments to the extent that a specific causal and beneficial relationship can be established for the intersegment allocation of such investments. Do not allocate to the smelter the costs of assets maintained for general corporate purposes. Provide a detailed explanation of amounts classified as nontraceable on a separate schedule and attach as part of Exhibit B.
Applicants shall also restate trade receivables and payables for transfer price adjustments on the smelter's transactions with affiliated customers. The line items in Schedule A.4 are explained in the following instructions.
Attach as part of Exhibit B a schedule classifying temporary cash investments according to identifiable budgeted expenditure requirements.
Attach as part of Exhibit B a schedule reporting by individual line item the annual capital expenditures on additional property, plant and equipment investments in the smelter's operations. Further classify these annual capital expenditures into both (1) investments required to maintain the smelter versus investments in smelter expansion and improvement and (2) direct facility versus joint-use facility investments. Explain the method used for allocating capital expenditures on joint-use facilities to the smelter's operations. Refer to Line 17 instructions for
General. Use Schedule B.1 to report annual forecasts of operating revenues anticipated during the years 1984 through 1990 from operation of the smelter subject to this NSO application. These pre-control revenue projections should be based on revenues and production associated with operating the smelter without any SO
Copper smelters that will process concentrates containing an average of 1,000 pounds per hour or more of arsenic during the forecast period should assume that they will use best engineering techniques to control fugitive emissions of arsenic. All smelters should also assume that they will be required to meet all other regulatory requirements in effect at the time the application is made.
The line items in Schedule B.1 are explained in the following instructions. Attach as part of Exhibit B schedules to (1) explain the methods used to make the required forecasts, (2) explain differences, if any, between historical trends and the forecasts and (3) provide data and information to support the forecasts.
Copper smelters that will process concentrates containing an average of 1,000 pounds per hour or more of arsenic during the forecast period should assume that they will use best engineering techniques to control fugitive emissions of arsenic. All smelters should also assume that they will be required to meet all other regulatory requirements in effect at the time the application is made.
The line items in Schedule B.2 are explained in the following instructions. Attach as part of Exhibit B schedules to (1) explain the methods used to make the required forecasts, (2) explain differences, if any, between historical trends and the forecasts, and (3) provide data and information to support the forecasts.
The assumed investment program should be based on whichever adequately demonstrated system, applicable to the smelter, that would be most economically beneficial subsequent to installation of the system. For this purpose, adequately demonstrated systems include those specified in Section 57.102(b)(1).
Copper smelters that will process concentrates containing an average of 1,000 pounds per hour or more of arsenic during the forecast period should assume that they will use best engineering techniques to control fugitive emissions of arsenic. All smelters should also assume that they will be required to meet all other regulatory requirements in effect at the time the application is made.
The line items in Schedule B.4 are explained in the following instructions. Attach as part of Exhibit B schedules to (1) explain the methods used to make the required forecasts, (2) explain differences, if any, between historical trends and the forecasts, and (3) provide data and information to support the forecasts.
The assumed investment program should be based on whichever adequately demonstrated system, applicable to the smelter, would be most economically beneficial subsequent to installation of the system. For this purpose, adequately demonstrated systems include those specified in § 57.102(b)(1).
Copper smelters that will process concentrates containing an average of 1,000 pounds per hour or more of arsenic during the forecast period should assume that they will use best engineering techniques to control fugitive emissions of arsenic. All smelters should also assume that they will be required to meet all other regulatory requirements in effect at the time the application is made.
The line items in Schedule B.5 are explained in the following instructions. Attach as part of Exhibit B schedules to (1) explain the methods used to make the required forecasts, (2) explain differences, if any, between historical trends and the forecasts, and (3) provide data and information to support the forecasts.
Estimates of sustaining capital shall be compatible with productive capacity and pollution control requirements underlying the operating revenue and cost forecasts incorporated in Schedule C.1.
Attach as part of Exhibit B an explanatory schedule disclosing and supporting by individual line item the major elements of annual capital expenditures for sustaining capital. Further classify these annual capital expenditures into both (1) investments required to maintain the smelter versus investments in smelter expansion and improvements and (2) direct facility versus joint-use facility investments. Explain the method used for allocating capital expenditures on joint-use facilities to the smelter's operations.
Applicants should complete Schedule C.3 according to the following instructions. Transfer into the first column of Schedule C.3 the historical cost figures that are reported in the last (1983) column of Table A.4. In the second column of Schedule C.3, report the figures from the first column of Schedule C.3, expressed in constant (1984) dollars.
Convert each nominal dollar figure of the first column into constant (1984) dollars in accordance with the historical cost/constant dollar accounting method defined in Financial Accounting Standards Board (FASB) Statement No. 33 (Docket Item No. IV-A-6d), with the following exception: the applicant must not report the lower recoverable amount as required by FASB No. 33. Attach explanatory supporting schedules as part of Exhibit B.
In Schedule C.5, the applicant removes the tax savings of constant controls depreciation from the cash flows for the last two forecast years. A depreciation-free horizon value is then calculated from these depreciation-free cash flows. The tax savings of constant controls depreciation during the horizon years are then calculated separately. The final horizon value is equal to the sum of the depreciation-free horizon value and the tax savings from depreciation of constant controls accruing over the horizon years. The line items in Schedule C.5 are explained in the following instructions.
Forecast smelter revenues should be expressed on a tolling service equivalent basis as described in Section 2.3.4. The line items in Schedule D.1 are explained in the following instructions. Attach as part of Exhibit B schedules to (1) explain the methods used to make the required forecasts, (2) explain differences, if any, between historical trends and the forecasts, and (3) provide data and information to support the forecasts.
The line items in Schedule D.2 are explained in the following instructions. Attach as part of Exhibit B schedules to (1) explain the methods used to make the required forecasts, (2) explain differences, if any, between historical trends and the forecasts, and (3) provide data and information to support the forecasts.
The temporary waiver from interim controls test is on Line 13 of Schedule D.3 that was completed under the assumption of installation of interim constant control equipment and no installation of any additional SO
Major elements of these outlays should be disclosed, as well as the total of such outlays. Estimates shall be restricted to those items that will be capitalized for tax purposes. These outlays shall primarily be for plant replacement, although outlays for improvements and expansion may be included to the extent that improvements and/or expansion, exclusive of required pollution control outlays, can be justified as economically feasible. Estimates of sustaining capital investments shall exclude any incremental investment for sulfur dioxide emission controls reported in Line 06 of Schedule D.6. Sustaining capital investments in facilities shared with other operating segments shall be allocated in accordance with the instructions given below.
Estimates of sustaining capital shall be compatible with productive capacity and pollution control requirements underlying the operating revenue and cost forecasts incorporated in Schedule D.3.
Attach as part of Exhibit B an explanatory schedule disclosing and supporting by individual line item the major elements of annual capital expenditures for sustaining capital. Further classify these annual capital expenditures into both (1) investments required to maintain the smelter versus investments in smelter expansion and improvements and (2) direct facility versus joint-use facility investments. Explain the method used for allocating capital expenditures on joint-use facilities to the smelter's operations.
The applicant must stipulate the most advantageous alternative market (use) for the smelter's facilities. Generally, this market will be:
Secondary market for used plant and equipment.
Sale for scrap.
Abandonment where the disposal cost exceeds scrap value.
The current net salvage value should be disaggregated into the same property, plant and equipment asset groups reported under the historical capital investment summary, Schedule A.4. The line items in Schedule D.5 are explained in the following instructions.
In Column 2, report the net book value of these assets for which liquidation values have been reported in Column 1. The reported values should correspond with amounts reported for 1982 in lines 09 through 15 in Schedule A.4 as adjusted for appropriate eliminations of joint-use facilities and reconciliation to a net book value as reported for income taxes. Attach as part of Exhibit B supporting schedules showing all adjustments and conversion of the net book value as reported on the financial statements, to net book value that would be used for income tax purposes.
Compute Column 3 as Column 1 less Column 2. The gain (or loss) shown in Column 3 shall be segregated into ordinary income and capital gains components subject to taxation pursuant to applicable income tax rules. Enter ordinary income in Column 4 and capital gains in Column 5.
In Column 2, report the net book value of the non-current assets directly corresponding to those assets included in the liquidation value estimated under Column 1.
The remaining columns shall be completed in accordance with the instructions given above for Lines 02 and 06.
In Schedule D.7, the applicant removes the tax savings of control equipment depreciation from the cash flows for the last two forecast years. A depreciation-free horizon value is then calculated from these depreciation-free cash flows. The tax savings of constant controls depreciation during the horizon years are then calculated separately. The final horizon value is equal to the sum of the depreciation-free horizon value and the tax savings from depreciation of constant controls accruing over the horizon years. The line items in Schedule D.7 are explained in the following instruction.
I certify that the information provided herein and appended hereto is true and accurate to the best of my knowledge. I understand that this information is being required, in part, under the authority of Section 114 of the Clean Air Act, 42 U.S.C. 7414.
42 U.S.C. 7410, 7601(a), 7613, and 7619.
As used in this part, all terms not defined herein have the meaning given them in the Act:
(1) Equal to the monitoring path length for a (bistatic) system having a transmitter and a receiver at opposite ends of the monitoring path;
(2) Equal to twice the monitoring path length for a (monostatic) system having a transmitter and receiver at one end of the monitoring path and a mirror or retroreflector at the other end; or
(3) Equal to some multiple of the monitoring path length for more complex systems having multiple passes of the measurement beam through the monitoring path.
(a) This part contains criteria and requirements for ambient air quality monitoring and requirements for reporting ambient air quality data and information. The monitoring criteria pertain to the following areas:
(1) Quality assurance procedures for monitor operation and data handling.
(2) Methodology used in monitoring stations.
(3) Operating schedule.
(4) Siting parameters for instruments or instrument probes.
(b) The requirements pertaining to provisions for an air quality surveillance system in the State Implementation Plan are contained in this part.
(c) This part also acts to establish a national ambient air quality monitoring network for the purpose of providing timely air quality data upon which to base national assessments and policy decisions. This network will be operated by the States and will consist of certain selected stations from the States' SLAMS networks. These selected stations will remain as SLAMS and will continue to meet any applicable requirements on SLAMS. The stations, however, will also be designated as National Air Monitoring Stations (NAMS) and will be subject to additional data reporting and monitoring methodology requirements as contained in subpart D of this part.
(d) This section also acts to establish a Photochemical Assessment Monitoring Stations (PAMS) network as a subset of the State's SLAMS network for the purpose of enhanced monitoring in O
(e) Requirements for the daily reporting of an index of ambient air quality, to insure that the population of major urban areas are informed daily of local air quality conditions, are also included in this part.
This part applies to:
(a) State air pollution control agencies.
(b) Any local air pollution control agency or Indian governing body to which the State has delegated authority to operate a portion of the State's SLAMS network.
(c) Owners or operators of proposed sources.
(a) Appendix A to this part contains quality assurance criteria to be followed when operating the SLAMS network.
(b) Appendix B to this part contains the quality assurance criteria to be followed by the owner or operator of a proposed source when operating a PSD station.
Appendix C to this part contains the criteria to be followed in determining acceptable monitoring methods or instruments for use in SLAMS.
Appendix E to this part contains criteria for siting instruments or instrument probes for SLAMS.
Ambient air quality data collected at any SLAMS must be collected as follows:
(a) For continuous analyzers—consecutive hourly averages except during:
(1) Periods of routine maintenance,
(2) Periods of instrument calibration, or
(3) Periods or seasons exempted by the Regional Administrator.
(b) For manual methods (excluding PM
(c) For PAMS VOC samplers, samples must be obtained as specified in sections 4.3 and 4.4 of appendix D to this part. Area-specific PAMS operating schedules must be included as part of the network description required by § 58.40 and must be approved by the Administrator.
(d) For PM
(e) For PM
(f)
(2) A Metropolitan Statistical Area (MSA) (or primary metropolitan statistical area) with greater than 1 million population and high concentrations of PM
(3) Core SLAMS having a correlated acceptable continuous analyzer collocated with a reference or equivalent method in a Priority 1 PM monitoring area may operate on the 1 in 3 sampling frequency only after reference or equivalent data are collected for at least 2 complete years.
(4) In all monitoring situations, with a correlated acceptable continuous alternative, FRM samplers or filter-based equivalent analyzers should preferably accompany the correlated acceptable continuous monitor.
(a) Except as specified in paragraph (b) of this section, any ambient air quality monitoring station other than a SLAMS or PSD station from which the State intends to use the data as part of a demonstration of attainment or nonattainment or in computing a design value for control purposes of the National Ambient Air Quality Standards (NAAQS) must meet the requirements for SLAMS as described in § 58.22 and, after January 1, 1983, must also meet the requirements for SLAMS described in § 58.13 and Appendices A and E of this part.
(b) Based on the need, in transitioning to a PM
(c) Any ambient air quality monitoring station other than a SLAMS or PSD station from which the State intends to use the data for SIP-related functions other than as described in paragraph (a) of this section is not necessarily required to comply with the requirements for a SLAMS station under paragraph (a) of this section but must be operated in accordance with a monitoring schedule, methodology, quality assurance procedures, and
By January 1, 1980, the State shall adopt and submit to the Administrator a revision to the plan which will:
(a) Provide for the establishment of an air quality surveillance system that consists of a network of monitoring stations designated as State and Local Air Monitoring Stations (SLAMS) which measure ambient concentrations of those pollutants for which standards have been established in part 50 of this chapter. SLAMS (including NAMS) designated as PAMS will also obtain ambient concentrations of speciated VOC and NO
(b) Provide for meeting the requirements of appendices A, C, D, and E to this part.
(c) Provide for the operation of at least one SLAMS per criteria pollutant except Pb during any stage of an air pollution episode as defined in the plan.
(d) Provide for the review of the air quality surveillance system on an annual basis to determine if the system meets the monitoring objectives defined in appendix D of this part. Such review must identify needed modifications to the network such as termination or relocation of unnecessary stations or establishment of new stations that are necessary. For PM
(e) Provide for having a SLAMS network description available for public inspection and submission to the Administrator upon request. The network description must be available at the time of plan revision submittal and must contain the following information for each SLAMS:
(1) The AIRS site identification form for existing stations.
(2) The proposed location for scheduled stations.
(3) The sampling and analysis method.
(4) The operating schedule.
(5) The monitoring objective and spatial scale of representativeness as defined in appendix D to this part.
(6) A schedule for: (i) Locating, placing into operation, and making available the AIRS site identification form for each SLAMS which is not located and operating at the time of plan revision submittal, (ii) implementing quality assurance procedures of appendix A to this part for each SLAMS for which such procedures are not implemented at the time of plan revision submittal, and (iii) resiting each SLAMS which does not meet the requirements of appendix E to this part at the time of plan revision submittal.
(f) Provide for having a PM monitoring network description available for public inspection which must provide for monitoring planning areas, and the community monitoring approach involving core monitors and optional community monitoring zones for PM
(1) The AIRS site identification form for existing stations.
(2) The proposed location for scheduled stations.
(3) The sampling and analysis method.
(4) The operating schedule.
(5) The monitoring objective, spatial scale of representativeness, and additionally for PM
(6) A schedule for:
(i) Locating, placing into operation, and making available the AIRS site identification form for each SLAMS which is not located and operating at the time of plan revision submittal.
(ii) Implementing quality assurance procedures of appendix A of this part for each SLAMS for which such procedures are not implemented at the time of plan revision submittal.
(iii) Resiting each SLAMS which does not meet the requirements of appendix E of this part at the time of plan revision submittal.
(g) Provide for having a list of all PM
(h) Within 9 months after;
(1) February 12, 1993; or
(2) Date of redesignation or reclassification of any existing O
(3) The designation of a new area and classification to serious, severe, or extreme, affected States shall adopt and submit a plan revision to the Administrator.
(i) The plan revision will provide for the establishment and maintenance of PAMS. Each PAMS site will provide for the monitoring of ambient concentrations of criteria pollutants (O
The design criteria for SLAMS contained in appendix D to this part must be used in designing the SLAMS network. The State shall consult with the Regional Administrator during the network design process. The final network design will be subject to the approval of the Regional Administrator.
Each SLAMS must meet the monitoring methodology requirements of appendix C to this part at the time the station is put into operation as a SLAMS.
With the exception of the PM
(a) Each station in the SLAMS network must be in operation, be sited in accordance with the criteria in appendix E to this part, and be located as described on the station's AIRS site identification form, and
(b) The quality assurance requirements of appendix A to this part must be fully implemented.
(c) Each PM
(1) Within 1 year after September 16, 1997, at least one required core PM
(2) Within 2 years after September 16, 1997, all other required SLAMS, including all required core SLAMS, required regional background and regional transport SLAMS, continuous PM monitors in areas with greater than 1 million population, and all additional required PM
(3) Within 3 years after September 16, 1997, all additional sites (e.g., sites classified as SLAMS/SPM to complete
The State shall annually develop and implement a schedule to modify the ambient air quality monitoring network to eliminate any unnecessary stations or to correct any inadequacies indicated by the result of the annual review required by § 58.20(d). The State shall consult with the Regional Administrator during the development of the schedule to modify the monitoring program. The final schedule and modifications will be subject to the approval of the Regional Administrator. Nothing in this section will preclude the State, with the approval of the Regional Administrator, from making modifications to the SLAMS network for reasons other than those resulting from the annual review.
(a) The State shall submit to the Administrator (through the appropriate Regional Office) an annual summary report of all the ambient air quality monitoring data from all monitoring stations designated State and Local Air Monitoring Stations (SLAMS). The annual report must be submitted by July 1 of each year for data collected from January 1 to December 31 of the previous year.
(b) The SLAMS annual data summary report must contain:
(1) The information specified in appendix F,
(2) The location, date, pollution source, and duration of each incident of air pollution during which ambient levels of a pollutant reached or exceeded the level specified by § 51.16(a) of this chapter as a level which could cause significant harm to the health of persons.
(c) The senior air pollution control officer in the State or his designee shall certify that the annual summary report is accurate to the best of his knowledge.
(d) For PM monitoring and data—
(1) The State shall submit a summary to the appropriate Regional Office (for SLAMS) or Administrator (through the Regional Office) (for NAMS) that details proposed changes to the PM Monitoring Network Description and to be in accordance with the annual network review requirements in § 58.25. This shall discuss the existing PM networks, including modifications to the number, size or boundaries of monitoring planning areas and optional community monitoring zones; number and location of PM
(2) The State shall submit an annual summary to the appropriate Regional Office of all the ambient air quality monitoring PM data from all special purpose monitors that are described in the State's PM monitoring network description and are intended for SIP purposes. These include those population-oriented SPMs that are eligible for comparison to the PM
(e) The Annual State Air Monitoring Report shall be submitted to the Regional Administrator by July 1 or by an alternative annual date to be negotiated between the State and Regional Administrator. The Region shall provide review and approval/disapproval within 60 days. After 3 years following September 16, 1997, the schedule for submitting the required annual revised PM
The annual air quality data reporting requirements of § 58.26 apply to data collected after December 31, 1980. Data collected before January 1, 1981, must be reported under the reporting procedures in effect before the effective date of subpart C of this part.
The State shall submit all of the SLAMS data according to the same data submittal requirements as defined for NAMS in section 58.35. The State shall also submit any portion or all of the SLAMS data to the appropriate Regional Administrator upon request.
(a) By January 1, 1980, with the exception of PM
(1) Establish, through the operation of stations or through a schedule for locating and placing stations into operation, that portion of a National Ambient Air Quality Monitoring Network which is in that State, and
(2) Submit to the Administrator (through the appropriate Regional Office) a description of that State's portion of the network.
(b) Hereinafter, the portion of the national network in any State will be referred to as the NAMS network.
(c) The stations in the NAMS network must be stations from the SLAMS network required by § 58.20.
(d) The requirements of appendix D to this part must be met when designing the NAMS network. The process of designing the NAMS network must be part of the process of designing the SLAMS network as explained in appendix D to this part.
The NAMS network description required by § 58.30 must contain the following for all stations, existing or scheduled:
(a) The AIRS site identification number for existing stations.
(b) The proposed location for scheduled stations.
(c) Identity of the urban area represented.
(d) The sampling and analysis method.
(e) The operating schedule.
(f) The monitoring objective, spatial scale of representativeness, and for PM
(g) A schedule for:
(1) Locating, placing into operation, and submitting the AIRS site identification form for each NAMS which is not located and operating at the time of network description submittal,
(2) Implementing quality assurance procedures of appendix A to this part for each NAMS for which such procedures are not implemented at the time of network description submittal, and
(3) Resiting each NAMS which does not meet the requirements of appendix E to this part at the time of network description submittal.
The NAMS network required by § 58.30 is subject to the approval of the Administrator. Such approval will be contingent upon completion of the network description as outlined in § 58.31 and upon conformance to the NAMS design criteria contained in appendix D to this part.
Each NAMS must meet the monitoring methodology requirements of appendix C to this part applicable to
With the exception of PM
(a) Each NAMS must be in operation, be sited in accordance with the criteria in Appendix E to this part, and be located as described in the AIRS database; and
(b) The quality assurance requirements of appendix A to this part must be fully implemented for all NAMS.
(a) The requirements of this section apply to those stations designated as both SLAMS and NAMS by the network description required by §§ 58.20 and 58.30.
(b) The State shall report to the Administrator all ambient air quality data for SO
(c) The specific quarterly reporting periods are January 1-March 31, April 1-June 30, July 1-September 30, and October 1-December 31. The data and information reported for each reporting period must:
(1) Contain all data and information gathered during the reporting period.
(2) Be received in the AIRS-AQS within 90 days after the end of the quarterly reporting period. For example, the data for the reporting period January 1-March 31, 1994 are due on or before June 30, 1994.
(d) Air quality data submitted for each reporting period must be edited, validated, and entered into the AIRS-AQS for updating (within the time limits specified in paragraph (c) of this section) pursuant to appropriate AIRS-AQS procedures. The procedures for editing and validating data are described in the AIRS Users Guide, Volume II Air Quality Data Coding.
(e) This section does not permit a State to exempt those SLAMS which are also designated as NAMS from all or any of the reporting requirements applicable to SLAMS in § 58.26.
During the annual SLAMS Network Review specified in § 58.20, any changes to the NAMS network identified by the EPA and/or proposed by the State and agreed to by the EPA will be evaluated. These modifications should address changes invoked by a new census and changes to the network due to changing air quality levels, emission patterns, etc. The State shall be given one year (until the next annual evaluation) to implement the appropriate changes to the NAMS network.
(a) In addition to the plan revision, the State shall submit a photochemical assessment monitoring network description including a schedule for implementation to the Administrator within 6 months after;
(1) February 12, 1993; or
(2) Date of redesignation or reclassification of any existing O
(3) The designation of a new area and classification to serious, severe, or extreme O
(b) For purposes of plan development and approval, the stations established or designated as PAMS must be stations from the SLAMS network or become part of the SLAMS network required by § 58.20.
(c) The requirements of appendix D to this part applicable to PAMS must be met when designing the PAMS network.
The PAMS network description required by § 58.40 must contain the following:
(a) Identification of the monitoring area represented.
(b) The AIRS site identification number for existing stations.
(c) The proposed location for scheduled stations.
(d) Identification of the site type and location within the PAMS network design for each station as defined in appendix D to this part except that during any year, a State may choose to submit detailed information for the site scheduled to begin operation during that year's PAMS monitoring season, and defer submittal of detailed information on the remaining sites until succeeding years. Such deferred network design phases should be submitted to EPA for approval no later than January 1 of the first year of scheduled operation. As a minimum, general information on each deferred site should be submitted each year until final approval of the complete network is obtained from the Administrator.
(e) The sampling and analysis method for each of the measurements.
(f) The operating schedule for each of the measurements.
(g) An O
(h) A schedule for implementation. This schedule should include the following:
(1) A timetable for locating and submitting the AIRS site identification form for each scheduled PAMS that is not located at the time of submittal of the network description;
(2) A timetable for phasing-in operation of the required number and type of sites as defined in appendix D to this part; and
(3) A schedule for implementing the quality assurance procedures of appendix A to this part for each PAMS.
The PAMS network required by § 58.40 is subject to the approval of the Administrator. Such approval will be contingent upon completion of each phase of the network description as outlined in § 58.41 and upon conformance to the PAMS network design criteria contained in appendix D to this part.
PAMS monitors must meet the monitoring methodology requirements of appendix C to this part applicable to PAMS.
(a) The complete, operational PAMS network will be phased in as described in appendix D to this part over a period of 5 years after;
(1) February 12, 1993; or
(2) Date of redesignation or reclassification of any existing O
(3) The designation of a new area and classification to serious, severe, or extreme O
(b) The quality assurance criteria of appendix A to this part must be implemented for all PAMS.
(a) The requirements of this section apply only to those stations designated as PAMS by the network description required by § 58.40.
(b) All data shall be submitted to the Administrator in accordance with the format, reporting periods, reporting deadlines, and other requirements as specified for NAMS in § 58.35.
(c) The State shall report NO and NO
(d) The State shall report VOC data and meteorological data within 6 months following the end of each quarterly reporting period.
(a) Any proposed changes to the PAMS network description will be evaluated during the annual SLAMS Network Review specified in § 58.20. Changes proposed by the State must be approved by the Administrator. The State will be allowed 1 year (until the next annual evaluation) to implement the appropriate changes to the PAMS network.
(b) PAMS network requirements are mandatory only for serious, severe, and extreme O
(a) The State shall report to the general public on a daily basis through prominent notice an air quality index in accordance with the requirements of appendix G to this part.
(b) Reporting must commence by January 1, 1981, for all urban areas with a population exceeding 500,000, and by January 1, 1983, for all urban areas with a population exceeding 200,000.
(c) The population of an urban area for purposes of index reporting is the most recent U.S. census population figure as defined in § 58.1 paragraph (s).
The Administrator may locate and operate an ambient air monitoring station if the State fails to locate, or schedule to be located, during the initial network design process or as a result of the annual review required by § 58.20(d):
(a) A SLAMS at a site which is necessary in the judgment of the Regional Administrator to meet the objectives defined in appendix D to this part, or
(b) A NAMS at a site which is necessary in the judgment of the Administrator for meeting EPA national data needs.
The Administrator may promulgate criteria similar to that referenced in subpart B of this part for monitoring a pollutant for which a National Ambient Air Quality Standard does not exist. Such an action would be taken whenever the Administrator determines that a nationwide monitoring program is necessary to monitor such a pollutant.
1.1 This appendix specifies the minimum quality assurance/quality control (QA/QC) requirements applicable to SLAMS air monitoring data submitted to EPA. State and local agencies are encouraged to develop and maintain quality assurance programs more extensive than the required minimum.
1.2 To assure the quality of data from air monitoring measurements, two distinct and important interrelated functions must be performed. One function is the control of the measurement process through broad quality assurance activities, such as establishing policies and procedures, developing data
1.3 Documentation of all quality assurance and quality control efforts implemented during the data collection, analysis, and reporting phases is important to data users, who can then consider the impact of these control efforts on the data quality (see reference 1 of this appendix). Both qualitative and quantitative assessments of the effectiveness of these control efforts should identify those areas most likely to impact the data quality and to what extent.
1.4 Periodic assessments of SLAMS data quality are required to be reported to EPA. To provide national uniformity in this assessment and reporting of data quality for all SLAMS networks, specific assessment and reporting procedures are prescribed in detail in sections 3, 4, and 5 of this appendix. On the other hand, the selection and extent of the QA and QC activities used by a monitoring agency depend on a number of local factors such as the field and laboratory conditions, the objectives for monitoring, the level of the data quality needed, the expertise of assigned personnel, the cost of control procedures, pollutant concentration levels, etc. Therefore, the quality system requirements, in section 2 of this appendix, are specified in general terms to allow each State to develop a quality assurance program that is most efficient and effective for its own circumstances while achieving the Ambient Air Quality Programs data quality objectives.
2.1 Each State and local agency must develop a quality system (reference 2 of this appendix) to ensure that the monitoring results:
(a) Meet a well-defined need, use, or purpose.
(b) Satisfy customers' expectations.
(c) Comply with applicable standards specifications.
(d) Comply with statutory (and other) requirements of society.
(e) Reflect consideration of cost and economics.
(f) Implement a quality assurance program consisting of policies, procedures, specifications, standards, and documentation necessary to:
(1) Provide data of adequate quality to meet monitoring objectives, and
(2) Minimize loss of air quality data due to malfunctions or out-of-control conditions. This quality assurance program must be described in detail, suitably documented in accordance with Agency requirements (reference 4 of this appendix), and approved by the appropriate Regional Administrator, or the Regional Administrator's designee. The Quality Assurance Program will be reviewed during the systems audits described in section 2.5 of this appendix.
2.2 Primary requirements and guidance documents for developing the quality assurance program are contained in references 2 through 7 of this appendix, which also contain many suggested and required procedures, checks, and control specifications. Reference 7 of this appendix describes specific guidance for the development of a QA Program for SLAMS. Many specific quality control checks and specifications for methods are included in the respective reference methods described in part 50 of this chapter or in the respective equivalent method descriptions available from EPA (reference 8 of this appendix). Similarly, quality control procedures related to specifically designated reference and equivalent method analyzers are contained in the respective operation or instruction manuals associated with those analyzers. Quality assurance guidance for meteorological systems at PAMS is contained in reference 9 of this appendix. Quality assurance procedures for VOC, NO
2.3 Pollutant Concentration and Flow Rate Standards.
2.3.1 Gaseous pollutant concentration standards (permeation devices or cylinders of compressed gas) used to obtain test concentrations for CO, SO
2.3.2 Test concentrations for O
2.3.3 Flow rate measurements must be made by a flow measuring instrument that is traceable to an authoritative volume or
2.4 National Performance Audit Program (NPAP). Agencies operating SLAMS are required to participate in EPA's NPAP. These audits are described in reference 7 of this appendix. For further instructions, agencies should contact either the appropriate EPA Regional QA Coordinator at the appropriate EPA Regional Office location, or the NPAP Coordinator, Emissions Monitoring and Analysis Division (MD-14), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711.
2.5 Systems Audit Programs. Systems audits of the ambient air monitoring programs of agencies operating SLAMS shall be conducted at least every 3 years by the appropriate EPA Regional Office. Systems audit programs are described in reference 7 of this appendix. For further instructions, agencies should contact either the appropriate EPA Regional QA Coordinator or the Systems Audit QA Coordinator, Office of Air Quality Planning and Standards, Emissions Monitoring and Analysis Division (MD-14), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711.
3.0.1 All ambient monitoring methods or analyzers used in SLAMS shall be tested periodically, as described in this section, to quantitatively assess the quality of the SLAMS data. Measurement uncertainty is estimated for both automated and manual methods. Terminology associated with measurement uncertainty are found within this appendix and includes:
(a) Precision. A measurement of mutual agreement among individual measurements of the same property usually under prescribed similar conditions, expressed generally in terms of the standard deviation;
(b) Accuracy. The degree of agreement between an observed value and an accepted reference value, accuracy includes a combination of random error (precision) and systematic error (bias) components which are due to sampling and analytical operations;
(c) Bias. The systematic or persistent distortion of a measurement process which causes errors in one direction. The individual results of these tests for each method or analyzer shall be reported to EPA as specified in section 4 of this appendix. EPA will then calculate quarterly assessments of measurement uncertainty applicable to the SLAMS data as described in section 5 of this appendix. Data assessment results should be reported to EPA only for methods and analyzers approved for use in SLAMS monitoring under appendix C of this part.
3.0.2 Estimates of the data quality will be calculated on the basis of single monitors and reporting organizations and may also be calculated for each region and for the entire Nation. A reporting organization is defined as a State, subordinate organization within a State, or other organization that is responsible for a set of stations that monitors the same pollutant and for which data quality assessments can be pooled. States must define one or more reporting organizations for each pollutant such that each monitoring station in the State SLAMS network is included in one, and only one, reporting organization.
3.0.3 Each reporting organization shall be defined such that measurement uncertainty among all stations in the organization can be expected to be reasonably homogeneous, as a result of common factors.
(a) Common factors that should be considered by States in defining reporting organizations include:
(1) Operation by a common team of field operators.
(2) Common calibration facilities.
(3) Oversight by a common quality assurance organization.
(4) Support by a common laboratory or headquarters.
(b) Where there is uncertainty in defining the reporting organizations or in assigning specific sites to reporting organizations, States shall consult with the appropriate EPA Regional Office. All definitions of reporting organizations shall be subject to final approval by the appropriate EPA Regional Office.
3.0.4 Assessment results shall be reported as specified in section 4 of this appendix. Table A-1 of this appendix provides a summary of the minimum data quality assessment requirements, which are described in more detail in the following sections.
3.1 Precision of Automated Methods Excluding PM
3.1.1 Methods for SO
3.1.1.1 Except for certain CO analyzers described below, point analyzers must operate
3.1.1.2 Open path analyzers are tested by inserting a test cell containing a precision check gas concentration into the optical measurement beam of the instrument. If possible, the normally used transmitter, receiver, and as appropriate, reflecting devices should be used during the test, and the normal monitoring configuration of the instrument should be altered as little as possible to accommodate the test cell for the test. However, if permitted by the associated operation or instruction manual, an alternate local light source or an alternate optical path that does not include the normal atmospheric monitoring path may be used. The actual concentration of the precision check gas in the test cell must be selected to produce an effective concentration in the range specified in section 3.1.1. Generally, the precision test concentration measurement will be the sum of the atmospheric pollutant concentration and the precision test concentration. If so, the result must be corrected to remove the atmospheric concentration contribution. The corrected concentration is obtained by subtracting the average of the atmospheric concentrations measured by the open path instrument under test immediately before and immediately after the precision check test from the precision test concentration measurement. If the difference between these before and after measurements is greater than 20 percent of the effective concentration of the test gas, discard the test result and repeat the test. If possible, open path analyzers should be tested during periods when the atmospheric pollutant concentrations are relatively low and steady.
3.1.1.3 Report the actual concentration (effective concentration for open path analyzers) of the precision check gas and the corresponding concentration measurement (corrected concentration, if applicable, for open path analyzers) indicated by the analyzer. The percent differences between these concentrations are used to assess the precision of the monitoring data as described in section 5.1. of this appendix.
3.1.2 Methods for Particulate Matter Excluding PM
3.1.2.1 Standard procedure: Use a flow rate transfer standard certified in accordance with section 2.3.3 of this appendix to check the analyzer's normal flow rate. Care should be used in selecting and using the flow rate measurement device such that it does not alter the normal operating flow rate of the analyzer. Report the actual analyzer flow rate measured by the transfer standard and the corresponding flow rate measured, indicated, or assumed by the analyzer.
3.1.2.2 Alternative procedure:
3.1.2.2.1 It is permissible to obtain the precision check flow rate data from the analyzer's internal flow meter without the use of an external flow rate transfer standard, provided that:
3.1.2.2.1.1 The flow meter is audited with an external flow rate transfer standard at least every 6 months.
3.1.2.2.1.2 Records of at least the three most recent flow audits of the instrument's internal flow meter over at least several weeks confirm that the flow meter is stable, verifiable and accurate to
3.1.2.2.1.3 The instrument and flow meter give no indication of improper operation.
3.1.2.2.2 With suitable communication capability, the precision check may thus be carried out remotely. For this procedure, report the set-point flow rate as the actual flow rate along with the flow rate measured or indicated by the analyzer flow meter.
3.1.2.2.3 For either procedure, the percent differences between the actual and indicated flow rates are used to assess the precision of the monitoring data as described in section 5.1 of this appendix (using flow rates in lieu of concentrations). The percent differences between these concentrations are used to assess the precision of the monitoring data as described in section 5.1. of this appendix.
3.2 Accuracy of Automated Methods Excluding PM
3.2.1 Methods for SO
3.2.1.1 Each calendar quarter (during which analyzers are operated), audit at least 25 percent of the SLAMS analyzers that monitor for SO
3.2.1.2 (a) The audit is made by challenging the analyzer with at least one audit gas of known concentration (effective concentration for open path analyzers) from each of the following ranges applicable to the analyzer being audited:
(b) NO
3.2.1.3 NO concentrations substantially higher than 0.08 ppm, as may occur when using some gas phase titration (GPT) techniques, may lead to audit errors in chemiluminescence analyzers due to inevitable minor NO-NO
3.2.1.4 To audit SLAMS analyzers operating on ranges higher than 0 to 1.0 ppm for SO
3.2.1.5 The standards from which audit gas test concentrations are obtained must meet the specifications of section 2.3 of this appendix. The gas standards and equipment used for auditing must not be the same as the standards and equipment used for calibration or calibration span adjustments. The auditor should not be the operator or analyst who conducts the routine monitoring, calibration, and analysis.
3.2.1.6 For point analyzers, the audit shall be carried out by allowing the analyzer to analyze the audit test atmosphere in its normal sampling mode such that the test atmosphere passes through all filters, scrubbers, conditioners, and other sample inlet components used during normal ambient sampling and as much of the ambient air inlet system as is practicable. The exception provided in section 3.1 of this appendix for certain CO analyzers does not apply for audits.
3.2.1.7 Open path analyzers are audited by inserting a test cell containing the various audit gas concentrations into the optical measurement beam of the instrument. If possible, the normally used transmitter, receiver, and, as appropriate, reflecting devices should be used during the audit, and the normal monitoring configuration of the instrument should be modified as little as possible to accommodate the test cell for the audit. However, if permitted by the associated operation or instruction manual, an alternate local light source or an alternate optical path that does not include the normal atmospheric monitoring path may be used. The actual concentrations of the audit gas in the test cell must be selected to produce effective concentrations in the ranges specified in this section 3.2 of this appendix. Generally, each audit concentration measurement result will be the sum of the atmospheric pollutant concentration and the audit test concentration. If so, the result must be corrected to remove the atmospheric concentration contribution. The corrected concentration is obtained by subtracting the average of the atmospheric concentrations measured by the open path instrument under test immediately before and immediately after the audit test (or preferably before and after each audit concentration level) from the audit concentration measurement. If the difference between the before and after measurements is greater than 20 percent of the effective concentration of the test gas standard, discard the test result for that concentration level and repeat the test for that level. If possible, open path analyzers should be audited during periods when the atmospheric pollutant concentrations are relatively low and steady. Also, the monitoring path length must be reverified to within
3.2.1.8 Report both the actual concentrations (effective concentrations for open path analyzers) of the audit gases and the corresponding concentration measurements (corrected concentrations, if applicable, for open path analyzers) indicated or produced by the analyzer being tested. The percent differences between these concentrations are used to assess the accuracy of the monitoring data as described in section 5.2 of this appendix.
3.2.2 Methods for Particulate Matter Excluding PM
3.2.2.1 Each calendar quarter, audit the flow rate of at least 25 percent of the SLAMS PM
3.2.2.2 The audit is made by measuring the analyzer's normal operating flow rate, using a flow rate transfer standard certified in accordance with section 2.3.3 of this appendix. The flow rate standard used for auditing must not be the same flow rate standard used to calibrate the analyzer. However, both the calibration standard and the audit standard may be referenced to the same primary flow rate or volume standard. Great care must be used in auditing the flow rate to be certain that the flow measurement device does not alter the normal operating flow rate of the analyzer. Report the audit (actual) flow rate and the corresponding flow rate indicated or assumed by the sampler. The percent differences between these flow rates are used to calculate accuracy (PM
3.3 Precision of Manual Methods Excluding PM
3.3.1 For each network of manual methods other than for PM
3.3.2 In determining the number of collocated sites required for PM
3.3.3 The two collocated samplers must be within 4 meters of each other, and particulate matter samplers must be at least 2 meters apart to preclude airflow interference. Calibration, sampling, and analysis must be the same for both collocated samplers and the same as for all other samplers in the network.
3.3.4 For each pair of collocated samplers, designate one sampler as the primary sampler whose samples will be used to report air quality for the site, and designate the other as the duplicate sampler. Each duplicate sampler must be operated concurrently with its associated routine sampler at least once per week. The operation schedule should be selected so that the sampling days are distributed evenly over the year and over the seven days of the week. A six-day sampling schedule is required. Report the measurements from both samplers at each collocated sampling site. The calculations for evaluating precision between the two collocated samplers are described in section 5.3 of this appendix.
3.4 Accuracy of Manual Methods Excluding PM
3.4.1 Procedures for PM
3.4.1.1 Procedures for flow rate audits for PM
3.4.1.2 Great care must be used in auditing high-volume particulate matter samplers having flow regulators because the introduction of resistance plates in the audit flow standard device can cause abnormal flow patterns at the point of flow sensing. For this reason, the flow audit standard should be used with a normal filter in place and without resistance plates in auditing flow-regulated high-volume samplers, or other steps should be taken to assure that flow patterns are not perturbed at the point of flow sensing.
3.4.2 SO
3.4.2.1 Prepare audit solutions from a working sulfite-tetrachloromercurate (TCM) solution as described in section 10.2 of the SO
3.4.2.2 Prepare audit samples in each of the concentration ranges of 0.2-0.3, 0.5-0.6, and 0.8-0.9 μg SO
3.4.3 NO
3.4.4 Pb Methods.
3.4.4.1 For the Pb Reference Method (40 CFR part 50, appendix G), the flow rates of the high-volume Pb samplers shall be audited as part of the TSP network using the same procedures described in section 3.4.1 of this appendix. For agencies operating both TSP and Pb networks, 25 percent of the total number of high-volume samplers are to be audited each quarter.
3.4.4.2 Each calendar quarter, audit the Pb Reference Method analytical procedure using glass fiber filter strips containing a known quantity of Pb. These audit sample strips are prepared by depositing a Pb solution on unexposed glass fiber filter strips of dimensions 1.9 cm by 20.3 cm (3/4 inch by 8 inch) and allowing them to dry thoroughly. The audit samples must be prepared using batches of reagents different from those used to calibrate the Pb analytical equipment being audited. Prepare audit samples in the following concentration ranges:
3.4.4.3 Audit samples must be extracted using the same extraction procedure used for exposed filters.
3.4.4.4 Analyze three audit samples in each of the two ranges each quarter samples are analyzed. The audit sample analyses shall be distributed as much as possible over the entire calendar quarter. Report the audit concentrations (in μg Pb/strip) and the corresponding measured concentrations (in μg Pb/strip) using unit code 77. The percent differences between the concentrations are used to calculate analytical accuracy as described in section 5.4.2 of this appendix.
3.4.4.5 The accuracy of an equivalent Pb method is assessed in the same manner as for the reference method. The flow auditing device and Pb analysis audit samples must be compatible with the specific requirements of the equivalent method.
3.5 Measurement Uncertainty for Automated and Manual PM
3.5.1 Flow Rate Audits.
3.5.1.1 Automated methods for PM
3.5.1.1.1 Standard procedure: Use a flow rate transfer standard certified in accordance with section 2.3.3 of this appendix to check the analyzer's normal flow rate. Care should be used in selecting and using the flow rate measurement device such that it does not alter the normal operating flow rate of the analyzer. Report the actual analyzer flow rate measured by the transfer standard and the corresponding flow rate measured, indicated, or assumed by the analyzer.
3.5.1.1.2 Alternative procedure: It is permissible to obtain the precision check flow rate data from the analyzer's internal flow meter without the use of an external flow rate transfer standard, provided that the flow meter is audited with an external flow rate
3.5.1.1.3 For either procedure, the differences between the actual and indicated flow rates are used to assess the precision of the monitoring data as described in section 5.5 of this appendix.
3.5.1.2 Manual methods for PM
3.5.2 Measurement of Precision using Collocated Procedures for Automated and Manual Methods of PM
(a) For PM
(1) Have 25 percent of the monitors collocated (values of .5 and greater round up).
(2) Have at least 1 collocated monitor (if the total number of monitors is less than 4). The first collocated monitor must be a designated FRM monitor.
(b) In addition, monitors selected must also meet the following requirements:
(1) A monitor designated as an EPA FRM shall be collocated with a monitor having the same EPA FRM designation.
(2) For each monitor designated as an EPA FEM, 50 percent of the designated monitors shall be collocated with a monitor having the same method designation and 50 percent of the monitors shall be collocated with an FRM monitor. If there are an odd number of collocated monitors required, the additional monitor shall be an FRM. An example of this procedure is found in table A-2 of this appendix.
(c) For PM
(1) Eighty percent of the collocated monitors should be deployed at sites with concentrations ≥ ninety percent of the annual PM
(2) The remaining 20 percent of the collocated monitors should be deployed at sites with concentrations < ninety percent of the annual PM
(3) If an organization has no sites at concentration ranges ≥ ninety percent of the annual PM
3.5.2.1 In determining the number of collocated sites required for PM
3.5.2.2 The two collocated samples must be within 4 meters of each other, and particulate matter samplers must be at least 2 meters apart (1 meter apart for samplers having flow rates less than 200 liters/min.) to preclude airflow interference. Calibration, sampling, and analysis must be the same for both collocated samplers and the same as for all other samplers in the network.
3.5.2.3 For each pair of collocated samplers, designate one sampler as the primary sampler whose samples will be used to report air quality for the site, and designate the other as the duplicate sampler. Each duplicate sampler must be operated concurrently with its associated primary sampler. The operation schedule should be selected so that the sampling days are distributed evenly over the year and over the 7 days of the week and therefore, a 6-day sampling schedule is required. Report the measurements from both samplers at each collocated sampling site.
3.5.3 Measurement of Bias using the FRM Audit Procedures for Automated and Manual Methods of PM
3.5.3.1 The FRM audit is an independent assessment of the total measurement system bias. These audits will be performed under the National Performance Audit Program (section 2.4 of this appendix) or a comparable program. Twenty-five percent of the SLAMS monitors within each reporting organization will be assessed with an FRM audit each year. Additionally, every designated FRM or FEM within a reporting organization must:
(a) Have at least 25 percent of each method designation audited, including collocated sites (even those collocated with FRM instruments), (values of .5 and greater round up).
(b) Have at least one monitor audited.
(c) Be audited at a frequency of four audits per year.
(d) Have all FRM or FEM samplers subject to an FRM audit at least once every 4 years. Table A-2 illustrates the procedure mentioned above.
3.5.3.2 For PM
(a) Eighty percent of the FRM audits should be deployed at sites with concentrations ≥ ninety percent of the annual PM
(b) The remaining 20 percent of the FRM audits should be implemented at sites with concentrations < ninety percent of the annual PM
(c) If an organization has no sites at concentration ranges ≥ ninety percent of the annual PM
(a) For each pollutant, prepare a list of all monitoring sites and their AIRS site identification codes in each reporting organization and submit the list to the appropriate EPA Regional Office, with a copy to AIRS-AQS. Whenever there is a change in this list of monitoring sites in a reporting organization, report this change to the Regional Office and to AIRS-AQS.
4.1 Quarterly Reports. For each quarter, each reporting organization shall report to AIRS-AQS directly (or via the appropriate EPA Regional Office for organizations not direct users of AIRS) the results of all valid precision, bias and accuracy tests it has carried out during the quarter. The quarterly reports of precision, bias and accuracy data must be submitted consistent with the data reporting requirements specified for air quality data as set forth in § 58.35(c). EPA strongly encourages early submittal of the QA data in order to assist the State and Local agencies in controlling and evaluating the quality of the ambient air SLAMS data. Each organization shall report all QA/QC measurements. Report results from invalid tests, from tests carried out during a time period for which ambient data immediately prior or subsequent to the tests were invalidated for appropriate reasons, and from tests of methods or analyzers not approved for use in SLAMS monitoring networks under appendix C of this part. Such data should be flagged so that it will not be utilized for quantitative assessment of precision, bias and accuracy.
4.2 Annual Reports.
4.2.1 When precision, bias and accuracy estimates for a reporting organization have been calculated for all four quarters of the calendar year, EPA will calculate and report the measurement uncertainty for the entire calendar year. These limits will then be associated with the data submitted in the annual SLAMS report required by § 58.26.
4.2.2 Each reporting organization shall submit, along with its annual SLAMS report, a listing by pollutant of all monitoring sites in the reporting organization.
(a) Calculations of measurement uncertainty are carried out by EPA according to the following procedures. Reporting organizations should report the data for individual precision, bias and accuracy tests as specified in sections 3 and 4 of this appendix even though they may elect to perform some or all of the calculations in this section on their own.
5.1 Precision of Automated Methods Excluding PM
5.1.1 Single Analyzer Precision.
5.1.1.1 The percent difference (d
5.1.1.2 For each analyzer, the quarterly average (d
5.1.2 Precision for Reporting Organization.
5.1.2.1 For each pollutant, the average of averages (D) and the pooled standard deviation (S
5.1.2.2 Equations 4 and 5 are used when the same number of precision checks are made for each analyzer. Equations 4a and 5a are used to obtain a weighted average and a weighted standard deviation when different numbers of precision checks are made for the analyzers.
5.1.2.3 For each pollutant, the 95 Percent Probability Limits for the precision of a reporting organization are calculated using equations 6 and 7, as follows:
5.2 Accuracy of Automated Methods Excluding PM
5.2.1 Single Analyzer Accuracy. The percentage difference (d
5.2.2 Accuracy for Reporting Organization.
5.2.2.1 For each audit concentration level of a particular pollutant, the average (D) of the individual percentage differences (d
5.2.2.2 For each concentration level of a particular pollutant, the standard deviation (S
5.2.2.3 For reporting organizations having four or fewer analyzers for a particular pollutant, only one audit is required each quarter. For such reporting organizations, the audit results of two consecutive quarters are required to calculate an average and a standard deviation, using equations 8 and 9. Therefore, the reporting of probability limits shall be on a semiannual (instead of a quarterly) basis.
5.2.2.4 For each pollutant, the 95 Percent Probability Limits for the accuracy of a reporting organization are calculated at each audit concentration level using equations 6 and 7.
5.3 Precision of Manual Methods Excluding PM
5.3.1 Single Sampler Precision.
5.3.1.1 At low concentrations, agreement between the measurements of collocated samplers, expressed as percent differences, may be relatively poor. For this reason, collocated measurement pairs are selected for use in the precision calculations only when both measurements are above the following limits:
(a) TSP: 20 μg/m
(b) SO
(c) NO
(d) Pb: 0.15 μg/m
(e) PM
5.3.1.2 For each selected measurement pair, the percent difference (d
(a) For each site, the quarterly average percent difference (d
5.3.2 Precision for Reporting Organization.
5.3.2.1 For each pollutant, the average percentage difference (D) and the pooled standard deviation (S
5.3.2.2 The 95 Percent Probability Limits for the integrated precision for a reporting organization are calculated using equations 11 and 12, as follows:
5.4 Accuracy of Manual Methods Excluding PM
5.4.1 Particulate Matter Samplers other than PM
5.4.1.1 Single Sampler Accuracy. For the flow rate audit described in section 3.4.1 of this appendix, the percentage difference (d
5.4.1.2 Accuracy for Reporting Organization. For each type of particulate matter measured (e.g., TSP/Pb), the average (D) of the individual percent differences for all similar particulate matter samplers audited during the calendar quarter is calculated using equation 8. The standard deviation (S
5.4.2 Analytical Methods for SO
5.4.2.1 Single Analysis-Day Accuracy. For each of the audits of the analytical methods for SO
5.4.2.2 Accuracy for Reporting Organization. For each analytical method, the average (D) of the individual percent differences at each concentration level for all audits during the calendar quarter is calculated using equation 8. The standard deviation (S
5.5 Precision, Accuracy and Bias for Automated and Manual PM
(a) Reporting organizations are required to report the data that will allow assessments of the following individual quality control checks and audits:
(1) Flow rate audit.
(2) Collocated samplers, where the duplicate sampler is not an FRM device.
(3) Collocated samplers, where the duplicate sampler is an FRM device.
(4) FRM audits.
(b) EPA uses the reported results to derive precision, accuracy and bias estimates according to the following procedures.
5.5.1 Flow Rate Audits. The reporting organization shall report both the audit standard flow rate and the flow rate indicated by the sampling instrument. These results are used by EPA to calculate flow rate accuracy and bias estimates.
5.5.1.1 Accuracy of a Single Sampler - Single Check (Quarterly) Basis (d
5.5.1.2 Bias of a Single Sampler - Annual Basis (D
5.5.1.3 Bias for Each EPA Federal Reference and Equivalent Method Designation Employed by Each Reporting Organization - Quarterly Basis (D
5.5.1.4 Bias for Each Reporting Organization - Quarterly Basis (D
5.5.1.5 Bias for Each EPA Federal Reference and Equivalent Method Designation Employed by Each Reporting Organization - Annual Basis (D
5.5.1.6 Bias for Each Reporting Organization - Annual Basis (D). For each reporting organization, the annual average percentage difference, D, is derived using equation 18, where D
5.5.2 Collocated Samplers, Where the Duplicate Sampler is not an FRM Device. (a) At low concentrations, agreement between the measurements of collocated samplers may be relatively poor. For this reason, collocated measurement pairs are selected for use in the precision calculations only when both measurements are above the following limits:
PM
5.5.2.1 Percent Difference for a Single Check (d
5.5.2.2 Coefficient of Variation (CV) for a Single Check (CV
5.5.2.3 Precision of a Single Sampler - Quarterly Basis (CV
(a) For particulate sampler j, the individual coefficients of variation (CV
(b) The 90 percent confidence limits for the single sampler's CV are calculated by EPA using equations 22 and 23, where X
5.5.2.4 Precision of a Single Sampler - Annual Basis. For particulate sampler j, the individual coefficients of variation, CV
5.5.2.5 Precision for Each EPA Federal Reference Method and Equivalent Method Designation Employed by Each Reporting Organization - Quarterly Basis (CV
(a) For each method designation k used by the reporting organization, the quarter's single sampler coefficients of variation, CV
(b) The number of method CVs produced for a reporting organization will equal the number of different method designations having more than one primary monitor employed by the organization during the quarter. (When exactly one monitor of a specified designation is used by a reporting organization, it will be collocated with an FRM sampler.)
5.5.2.6 Precision for Each Method Designation Employed by Each Reporting Organization - Annual Basis (CV
5.5.3 Collocated Samplers, Where the Duplicate Sampler is an FRM Device. At low concentrations, agreement between the measurements of collocated samplers may be relatively poor. For this reason, collocated measurement pairs are selected for use in the precision calculations only when both measurements are above the following limits: PM
5.5.3.1 Accuracy for a Single Check (d′
5.5.3.2 Bias of a Single Sampler - Quarterly Basis (D′
(a) For particulate sampler j, the average of the individual percentage differences during the quarter q is calculated by EPA using equation 27, where n
(b) The standard error, s′
(c) The 95 Percent Confidence Limits for the single sampler's bias are calculated using equations 29 and 30 where t
5.5.3.3 Bias of a Single Sampler - Annual Basis (D′
(a) For particulate sampler j, the mean bias for the year is derived from the quarterly bias estimates, D′
(b) The standard error of the above estimate, se
(c) The 95 Percent Confidence Limits for the single sampler's bias are calculated using equations 33 and 34, where t
5.5.3.4 Bias for a Single Reporting Organization (D′) - Annual Basis. The reporting organizations mean bias is calculated using equation 35, where variables are as defined in equations 31 and 32, as follows:
5.5.4 FRM Audits. FRM Audits are performed once per quarter for selected samplers. The reporting organization reports concentration data from the primary sampler. Calculations for FRM Audits are similar to those for collocated samplers having FRM samplers as duplicates. The calculations differ because only one check is performed per quarter.
5.5.4.1 Accuracy for a Single Sampler, Quarterly Basis (d
5.5.4.2 Bias of a Single Sampler - Annual Basis (D′
5.5.4.3. Bias for a Single Reporting Organization - Annual Basis (D′). The reporting organizations mean bias is calculated using equation 35, where variables are as defined in equations 31 and 32.
(1) Rhodes, R.C. Guideline on the Meaning and Use of Precision and Accuracy Data Required by 40 CFR part 58, Appendices A and B. EPA-600/4-83/023. U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, June, 1983.
(2) American National Standard—Specifications and Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology Programs. ANSI/ASQC E4-1994. January 1995. Available from American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee, WI 53202.
(3) EPA Requirements for Quality Management Plans. EPA QA/R-2. August 1994. Available from U.S. Environmental Protection Agency, ORD Publications Office, Center for Environmental Research Information (CERI), 26 W. Martin Luther King Drive, Cincinnati, OH 45268.
(4) EPA Requirements for Quality Assurance Project Plans for Environmental Data Operations. EPA QA/R-5. August 1994. Available from U.S. Environmental Protection Agency, ORD Publications Office, Center for Environmental Research Information (CERI), 26 W. Martin Luther King Drive, Cincinnati, OH 45268.
(5) Guidance for the Data Quality Objectives Process. EPA QA/G-4. September 1994. Available from U.S. Environmental Protection Agency, ORD Publications Office, Center for Environmental Research Information (CERI), 26 W. Martin Luther King Drive, Cincinnati, OH 45268.
(6) Quality Assurance Handbook for Air Pollution Measurement Systems, Volume 1—A Field Guide to Environmental Quality Assurance. EPA-600/R-94/038a. April 1994. Available from U.S. Environmental Protection Agency, ORD Publications Office, Center for Environmental Research Information (CERI), 26 W. Martin Luther King Drive, Cincinnati, OH 45268.
(7) Quality Assurance Handbook for Air Pollution Measurement Systems, Volume II—Ambient Air Specific Methods EPA-600/R-94/038b. Available from U.S. Environmental Protection Agency, ORD Publications Office, Center for Environmental Research Information (CERI), 26 W. Martin Luther King Drive, Cincinnati, OH 45268.
(7a) Copies of section 2.12 of the Quality Assurance Handbook for Air Pollution Measurement Systems, are available from Department E (MD-77B), U.S. EPA, Research Triangle Park, NC 27711.
(8) List of Designated Reference and Equivalent Methods. Available from U.S. Environmental Protection Agency, National Exposure Research Laboratory, Quality Assurance Branch, MD-77B, Research Triangle Park, NC 27711.
(9) Technical Assistance Document for Sampling and Analysis of Ozone Precursors. Atmospheric Research and Exposure Assessment Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. EPA 600/8-91-215. October 1991.
(10) EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards. EPA-600/R-93/224. September 1993. Available from U.S. Environmental Protection Agency, ORD Publications Office, Center for Environmental Research Information (CERI), 26 W. Martin Luther King Drive, Cincinnati, OH 45268.
(11) Paur, R.J. and F.F. McElroy. Technical Assistance Document for the Calibration of Ambient Ozone Monitors. EPA-600/4-79-057. U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, September, 1979.
(12) McElroy, F.F. Transfer Standards for the Calibration of Ambient Air Monitoring Analyzers for Ozone. EPA-600/4-79-056. U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, September, 1979.
(13) Musick, D.R. The Ambient Air Precision and Accuracy Program: 1995 Annual Report. EPA-454/R97001. U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, February 1997.
(14) Papp, M.L., J,B., Elkins, D.R., Musick and M.J., Messner, Data Quality Objectives for the PM
(15) Photochemical Assessment Monitoring Stations Implementation Manual. EPA-454/B-93-051, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, March 1994.
This appendix specifies the minimum quality assurance requirements for the control and assessment of the quality of the PSD ambient air monitoring data submitted to EPA by an organization operating a network of PSD stations. Such organizations are encouraged to develop and maintain quality assurance programs more extensive than the required minimum.
Quality assurance of air monitoring systems includes two distinct and important interrelated functions. One function is the control of the measurement process through the implementation of policies, procedures, and corrective actions. The other function is the assessment of the quality of the monitoring data (the product of the measurement process). In general, the greater the effort and effectiveness of the control of a given monitoring system, the better will be the resulting quality of the monitoring data. The results of data quality assessments indicate whether the control efforts need to be increased.
Documentation of the quality assessments of the monitoring data is important to data users, who can then consider the impact of the data quality in specific applications (see Reference 1). Accordingly, assessments of PSD monitoring data quality are required to be made and reported periodically by the monitoring organization.
To provide national uniformity in the assessment and reporting of data quality among all PSD networks, specific assessment and reporting procedures are prescribed in detail in sections 3, 4, 5, and 6 of this appendix.
In contrast, the control function encompasses a variety of policies, procedures, specifications, standards, and corrective measures which affect the quality of the resulting data. The selection and extent of the quality control activities—as well as additional quality assessment activities—used by a monitoring organization depend on a number of local factors such as the field and laboratory conditions, the objectives of the monitoring, the level of the data quality needed, the expertise of assigned personnel, the cost of control procedures, pollutant concentration levels, etc. Therefore, the quality assurance requirements, in section 2 of this appendix, are specified in general terms to allow each organization to develop a quality control system that is most efficient and effective for its own circumstances.
For purposes of this appendix, “organization” is defined as a source owner/operator, a government agency, or their contractor that operates an ambient air pollution monitoring network for PSD purposes.
2.1 Each organization must develop and implement a quality assurance program consisting of policies, procedures, specifications, standards and documentation necessary to:
(1) Provide data of adequate quality to meet monitoring objectives and quality assurance requirements of the permit-granting authority, and
(2) Minimize loss of air quality data due to malfunctions or out-of-control conditions.
This quality assurance program must be described in detail, suitably documented, and approved by the permit-granting authority. The Quality Assurance Program will be reviewed during the system audits described in section 2.4.
2.2 Primary guidance for developing the Quality Assurance Program is contained in References 2 and 3, which also contain many suggested procedures, checks, and control specifications. Section 2.0.9 of Reference 3 describes specific guidance for the development of a Quality Assurance Program for automated analyzers. Many specific quality control checks and specifications for manual methods are included in the respective reference methods described in part 50 of this chapter or in the respective equivalent method descriptions available from EPA (see Reference 4). Similarly, quality control procedures related to specifically designated reference and equivalent analyzers are contained in their respective operation and instruction manuals. This guidance, and any other pertinent information from appropriate sources, should be used by the organization in developing its quality assurance program.
As a minimum, each quality assurance program must include operational procedures for each of the following activities:
(1) Selection of methods, analyzers, or samplers;
(2) Training;
(3) Installation of equipment;
(4) Selection and control of calibration standards;
(5) Calibration;
(6) Zero/span checks and adjustments of automated analyzers;
(7) Control checks and their frequency;
(8) Control limits for zero, span and other control checks, and respective corrective actions when such limits are surpassed;
(9) Calibration and zero/span checks for multiple range analyzers (see section 2.6 of appendix C of this part);
(10) Preventive and remedial maintenance;
(11) Recording and validating data;
(12) Date quality assessment (precision and accuracy);
(13) Documentation of quality control information.
2.3 Pollutant Standards.
2.3.1 Gaseous standards (permeation tubes, permeation devices or cylinders of compressed gas) used to obtain test concentrations for CO, SO
2.3.2 Test concentrations for ozone must be obtained in accordance with the UV photometric calibration procedure specified in appendix D of part 50 of this chapter, or by means of a certified ozone transfer standard. Consult References 6 and 7 for guidance on primary and transfer standards for ozone.
2.3.3. Flow measurement must be made by a flow measuring instrument that is traceable to an authoritative volume or other standard. Guidance for certifying various types of flowmeters is provided in Reference 3.
2.4 Performance and System Audit Programs. The organization operating a PSD monitoring network must participate in EPA's national performance audit program. The permit granting authority, or EPA, may conduct system audits of the ambient air monitoring programs of organizations operating PSD networks. See section 1.4.16 of reference 2 and section 2.0.11 of reference 3 for additional information about these programs. Organizations should contact either the appropriate EPA Regional Quality Control Coordinator or the Quality Assurance Branch, AREAL/RTP, at the address given in reference 3 for instructions for participation.
All ambient monitoring methods or analyzers used in PSD monitoring shall be tested periodically, as described in this section 3, to quantitatively assess the quality of the data being routinely collected. The results of these tests shall be reported as specified in section 6. Concentration standards used for the tests must be as specified in section 2.3. Additional information and guidance in the technical aspects of conducting these tests may be found in Reference 3 or in the operation or instruction manual associated with the analyzer or sampler. Concentration measurements reported from analyzers or analytical systems must be derived by means of the same calibration curve and data processing system used to obtain the routine air monitoring data. Table B-1 provides a summary of the minimum data quality assessment requirements, which are described in more detail in the following sections.
3.1 Precision of Automated Methods. A one-point precision check must be carried out at least once every two weeks on each automated analyzer used to measure SO
Open path analyzers are tested by inserting a test cell containing a precision check gas concentration into the optical measurement beam of the instrument. If possible, the normally used transmitter, receiver, and, as appropriate, reflecting devices should be used during the test, and the normal monitoring configuration of the instrument should be altered as little as possible to accommodate the test cell for the test. However, if permitted by the associated operation or instruction manual, an alternate local light source or an alternate optical path that does not include the normal atmospheric monitoring path may be used. The actual concentration of the precision check gas in the test cell must be selected to produce an “effective concentration” in the range specified above. Generally, the precision test concentration measurement will be the sum of the atmospheric pollutant concentration and the precision test concentration. If so, the result must be corrected to remove the atmospheric concentration contribution. The “corrected concentration” is obtained by subtracting the average of the atmospheric concentrations measured by the
If a precision check is made in conjunction with a zero or span adjustment, it must be made prior to such zero or span adjustment. The difference between the actual concentration (effective concentration for open path analyzers) of the precision check gas and the corresponding concentration measurement (corrected concentration, if applicable, for open path analyzers) indicated by the analyzer is used to assess the precision of the monitoring data as described in section 4.1. Report data only from automated analyzers that are approved for use in the PSD network.
3.2 Accuracy of Automated Methods. Each sampling quarter, audit each analyzer that monitors for SO
NO concentrations substantially higher than 0.08 ppm, as may occur when using some gas phase titration (GPT) techniques, may lead to audit errors in chemiluminescence analyzers due to inevitable minor NO-NO
The standards from which audit gas test concentrations are obtained must meet the specifications of section 2.3. Working and transfer standards and equipment used for auditing must be different from the standards and equipment used for calibration and spanning. The auditing standards and calibration standards may be referenced to the same NIST, SRM, CRM, or primary UV photometer. The auditor must not be the operator/analyst who conducts the routine monitoring, calibration and analysis.
For point analyzers, the audit shall be carried out by allowing the analyzer to analyze the audit test atmosphere in the same manner as described for precision checks in section 3.1. The exception given in section 3.1 for certain CO analyzers does not apply for audits.
Open path analyzers are audited by inserting a test cell containing an audit gas concentration into the optical measurement beam of the instrument. If possible, the normally used transmitter, receiver, and, as appropriate, reflecting devices should be used during the audit, and the normal monitoring configuration of the instrument should be modified as little as possible to accommodate the test cell for the audit. However, if permitted by the associated operation or instruction manual, an alternate local light source or an alternate optical path that does not include the normal atmospheric monitoring path may be used. The actual concentrations of the audit gas in the test cell must be selected to produce “effective concentrations” in the range specified in this section 3.2. Generally, each audit concentration measurement result will be the sum of the atmospheric pollutant concentration and the audit test concentration. If so, the result must be corrected to remove the atmospheric concentration contribution. The “corrected concentration” is obtained by subtracting the average of the atmospheric concentrations measured by the open path instrument under test immediately before and immediately after the audit test (or preferably before and after each audit concentration level) from the audit concentration measurement. If the difference between these before and after measurements is greater than 20 percent of the effective concentration of the test gas standards, discard the test result for that concentration level and repeat the test for that level. If possible, open path analyzers should be audited during periods when the atmospheric pollutant concentrations are relatively low and steady. Also, the monitoring path length must be reverified to within
The differences between the actual concentrations (effective concentrations for open path analyzers) of the audit test gas and the corresponding concentration measurements (corrected concentrations, if applicable, for open path analyzers) indicated by the analyzer are used to assess the accuracy of the monitoring data as described in section 4.2. Report data only from automated
3.3 Precision of Manual Methods.
3.3.1 TSP and PM
3.3.2 Pb Method. The operation of collocated samplers at one sampling site must be used to assess the precision of the reference or an equivalent Pb method. The procedure to be followed for Pb methods is the same as described in 3.3.1 for the TSP method. If approved by the permit granting authority, the collocated TSP samplers may serve as the collocated lead samplers.
3.4 Accuracy of Manual Methods.
3.4.1 TSP and PM
Great care must be used in auditing high-volume samplers having flow regulators because the introduction of resistance plates in the audit device can cause abnormal flow patterns at the point of flow sensing. For this reason, the orifice of the flow audit device should be used with a normal glass fiber filter in place and without resistance plates in auditing flow regulated high-volume samplers, or other steps should be taken to assure that flow patterns are not perturbed at the point of flow sensing.
3.4.2 Pb Method. For the reference method (appendix G of part 50 of this chapter) during each sampling quarter audit the flow rate of each high-volume Pb sampler at least once. The procedure to be followed for lead methods is the same as described in section 3.4.1 for the TSP method.
For each sampling quarter, audit the Pb analysis using glass fiber filter strips containing a known quantity of lead. Audit samples are prepared by depositing a Pb solution on 1.9 cm by 20.3 cm (
Audit samples must be extracted using the same extraction procedure used for exposed filters.
Analyze at least one audit sample in each of the two ranges each day that samples are anlayzed. The difference between the audit concentration (in mu;g Pb/strip) and the analyst's measured concentration (in mu;g Pb/strip is used to calculate accuracy as described in section 5.4.
The accuracy of an equivalent method is assessed in the same manner as the reference method. The flow auditing device and Pb analysis audit samples must be compatible with the specific requirements of the equivalent method.
4.1 Single Analyzer Precision. Each organization, at the end of each sampling quarter, shall calculate and report a precision probability interval for each analyzer. Directions for calculations are given below and directions for reporting are given in section 6. If monitoring data are invalidated during the period represented by a given precision check, the results of that precision check shall be excluded from the calculations. Calculate the percentage difference (d
Calculate the 95 percent probability limits for precision using equation 4 and 5.
4.2 Single Analyzer Accuracy. Each organization, at the end of each sampling quarter, shall calculate and report the percentage difference for each audit concentration for each analyzer audited during the quarter. Directions for calculations are given below (directions for reporting are given in section 6).
Calculate and report the percentage difference (d
5.1 Single Instrument Precision for TSP, Pb and PM
For the paired measurements obtained as described in sections 3.3.1 and 3.3.2, calculate the percent difference (d
5.2 Single Instrument Accuracy for TSP and PM
For the flow rate audit described in section 3.4, let X
5.3 Single Instrument Accuracy for Pb. Each organization, at the end of each sampling quarter, shall calculate and report the percentage difference for each high-volume lead sampler audited during the quarter. Directions for calculation are given in 5.2 and directions for reporting are given in section 6.
5.4 Single-Analysis-Day Accuracy for Pb. Each organization, at the end of each sampling quarter, shall calculate and report the percentage difference for each Pb analysis audit during the quarter. Directions for calculations are given below and directions for reporting are given in section 6.
For each analysis audit for Pb described in section 3.4.2, let X
At the end of each sampling quarter, the organization must report the following data assessment information:
(1) For automated analyzers—precision probability limits from section 4.1 and percentage differences from section 4.2, and
(2) For manual methods—precision probability limits from section 5.1 and percentage differences from sections 5.2 and 5.3. The precision and accuracy information for the entire sampling quarter must be submitted with the air monitoring data. All data used to calculate reported estimates of precision and accuracy including span checks, collocated sampler and audit results must be made available to the permit granting authority upon request.
1. Rhodes, R.C. Guideline on the Meaning and Use of Precision and Accuracy Data Required by 40 CFR part 58, appendices A and B. EPA-600/4-83-023. U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, June, 1983.
2. “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume I—Principles.” EPA-600/9-76-005. March 1976. Available from U.S Environmental Protection Agency, Atmospheric Research and Exposure Assessment Laboratory (MD-77), Research Triangle Park, NC 27711.
3. “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume II—Ambient Air Specific Methods.” EPA-600/4-77-027a. May 1979. Available from U.S. Environmental Protection Agency, Atmospheric Research and Exposure Assessment Laboratory(MD-77), Research Triangle Park, NC 27711.
4. “List of Designated Reference and Equivalent Methods.” Available from U.S. Environmental Protection Agency, Department E (MD-77), Research Triangle Park, NC 27711.
5. Hughes, E.E. and J. Mandel. A Procedure for Establishing Traceability of Gas Mixtures to Certain National Bureau of Standards SRM's. EPA-600/7-81-010. U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, May, 1981. (Joint NBS/EPA Publication)
6. Paur, R.J. and F.F. McElroy. Technical Assistance Document for the Calibration of Ambient Ozone Monitors. EPA-600/4-79-057. U.S. Environmental Protection Agency, Atmospheric Research and Exposure Assessment Laboratory (MD-77), Research Triangle Park, NC 27711, September, 1979.
7. McElroy, F.F. Transfer Standards for the Calibration of Ambient Air Monitoring Analyzers for Ozone. EPA-600/4-79-056. U.S. Environmental Protection Agency, Atmospheric Research and Exposure Assessment Laboratory (MD-77), Research Triangle Park, NC 27711, September, 1979.
This appendix specifies the monitoring methods (manual methods or automated analyzers) which must be used in State ambient air quality monitoring stations.
2.1 Except as otherwise provided in this appendix, a monitoring method used in a SLAMS must be a reference or equivalent method as defined in § 50.1 of this chapter.
2.2
2.2.1 For purposes of showing compliance with the NAAQS for particulate matter, a
2.2.2 In order to maintain historical continuity of ambient particulate matter trends and patterns for PM
2.3 Any manual method or analyzer purchased prior to cancellation of its reference or equivalent method designation under § 53.11 or § 53.16 of this chapter may be used in a SLAMS following cancellation for a reasonable period of time to be determined by the Administrator.
2.4 Approval of non-designated PM
2.4.1 The method must be demonstrated to meet the comparability requirements (except as provided in this section 2.4.1) set forth in § 53.34 of this chapter in each of the four seasons at the site at which it is intended to be used. For purposes of this section 2.4.1, the requirements of § 53.34 of this chapter shall apply except as follows:
2.4.1.1 The method shall be tested at the site at which it is intended to be used, and there shall be no requirement for tests at any other test site.
2.4.1.2 For purposes of this section 2.4, the seasons shall be defined as follows: Spring shall be the months of March, April, and May; summer shall be the months of June, July, and August; fall shall be the months of September, October, and November; and winter shall be the months of December, January, and February; when alternate seasons are approved by the Administrator.
2.4.1.3 No PM
2.4.1.4 The specifications given in table C-4 of part 53 of this chapter for Class I methods shall apply, except that there shall be no requirement for any minimum number of sample sets with Rj greater than 40 μg/m
2.4.2 The monitoring agency wishing to use the method must develop and implement appropriate quality assurance procedures for the method.
2.4.3 The monitoring agency wishing to use the method must develop and implement appropriate procedures for assessing and reporting the precision and accuracy of the method comparable to the procedures set forth in appendix A of this part for designated reference and equivalent methods.
2.4.4 The assessment of network operating precision using collocated measurements with reference method “audit” samplers required under section 3 of appendix A of this part shall be carried out semi-annually rather than annually (i.e., monthly audits with assessment determinations each 6 months).
2.4.5 Requests for approval under this section 2.4 must meet the general submittal requirements of sections 2.7.1 and 2.7.2.1 of this appendix and must include the requirements in sections 2.4.5.1 through 2.4.5.7 of this appendix.
2.4.5.1 A clear and unique description of the site at which the method or sampler will be used and tested, and a description of the nature or character of the site and the particulate matter that is expected to occur there.
2.4.5.2 A detailed description of the method and the nature of the sampler or analyzer upon which it is based.
2.4.5.3 A brief statement of the reason or rationale for requesting the approval.
2.4.5.4 A detailed description of the quality assurance procedures that have been developed and that will be implemented for the method.
2.4.5.5 A detailed description of the procedures for assessing the precision and accuracy of the method that will be implemented for reporting to AIRS.
2.4.5.6 Test results from the comparability tests as required in section 2.4.1 through 2.4.1.4 of this appendix.
2.4.5.7 Such further supplemental information as may be necessary or helpful to support the required statements and test results.
2.4.6 Within 120 days after receiving a request for approval of the use of a method at a particular site under this section 2.4 and such further information as may be requested for purposes of the decision, the Administrator will approve or disapprove the
2.5 Approval of non-designated methods under § 58.13(f). An automated (continuous) method for PM
2.6 Use of Methods With Higher, Nonconforming Ranges in Certain Geographical Areas.
2.6.1 [Reserved]
2.6.2 Nonconforming Ranges. An analyzer may be used (indefinitely) on a range which extends to concentrations higher than two times the upper limit specified in table B-1 of part 53 of this chapter if:
2.6.2.1 The analyzer has more than one selectable range and has been designated as a reference or equivalent method on at least one of its ranges, or has been approved for use under section 2.5 (which applies to analyzers purchased before February 18, 1975);
2.6.2.2 The pollutant intended to be measured with the analyzer is likely to occur in concentrations more than two times the upper range limit specified in table B-1 of part 53 of this chapter in the geographical area in which use of the analyzer is proposed; and
2.6.2.3 The Administrator determines that the resolution of the range or ranges for which approval is sought is adequate for its intended use. For purposes of this section (2.6), “resolution” means the ability of the analyzer to detect small changes in concentration.
2.6.3 Requests for approval under section 2.6.2 must meet the submittal requirements of section 2.7. Except as provided in subsection 2.7.3, each request must contain the information specified in subsection 2.7.2 in addition to the following:
2.6.3.1 The range or ranges proposed to be used;
2.6.3.2 Test data, records, calculations, and test results as specified in subsection 2.7.2.2 for each range proposed to be used;
2.6.3.3 An identification and description of the geographical area in which use of the analyzer is proposed;
2.6.3.4 Data or other information demonstrating that the pollutant intended to be measured with the analyzer is likely to occur in concentrations more than two times the upper range limit specified in table B-1 of part 53 of this chapter in the geographical area in which use of the analyzer is proposed; and
2.6.3.5 Test data or other information demonstrating the resolution of each proposed range that is broader than that permitted by section 2.5.
2.6.4 Any person who has obtained approval of a request under this section (2.6.2) shall assure that the analyzer for which approval was obtained is used only in the geographical area identified in the request and only while operated in the range or ranges specified in the request.
2.7 Requests for Approval; Withdrawal of Approval.
2.7.1 Requests for approval under sections 2.4, 2.6.2, or 2.8 of this appendix must be submitted to: Director, National Exposure Assessment Laboratory, Department E, (MD-77B), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711.
2.7.2 Except as provided in section 2.7.3, each request must contain:
2.7.2.1 A statement identifying the analyzer (e.g., by serial number) and the method of which the analyzer is representative (e.g., by manufacturer and model number); and
2.7.2.2 Test data, records, calculations, and test results for the analyzer (or the method of which the analyzer is representative) as specified in subpart B, subpart C, or both (as applicable) of part 53 of this chapter.
2.7.3 A request may concern more than one analyzer or geographical area and may incorporate by reference any data or other information known to EPA from one or more of the following:
2.7.3.1 An application for a reference or equivalent method determination submitted to EPA for the method of which the analyzer is representative, or testing conducted by the applicant or by EPA in connection with such an application;
2.7.3.2 Testing of the method of which the analyzer is representative at the initiative of the Administrator under § 53.7 of this chapter; or
2.7.3.3 A previous or concurrent request for approval submitted to EPA under this section (2.7).
2.7.4 To the extent that such incorporation by reference provides data or information required by this section (2.7) or by sections 2.4, 2.5, or 2.6, independent data or duplicative information need not be submitted.
2.7.5 After receiving a request under this section (2.7), the Administrator may request such additional testing or information or conduct such tests as may be necessary in his judgment for a decision on the request.
2.7.6 If the Administrator determines, on the basis of any information available to him, that any of the determinations or statements on which approval of a request under this section (2.7) was based are invalid or no
2.8 Modifications of Methods by Users.
2.8.1 Except as otherwise provided in this section (2.8), no reference method, equivalent method, or alternative method may be used in a SLAMS if it has been modified in a manner that will, or might, significantly alter the performance characteristics of the method without prior approval by the Administrator. For purposes of this section (2.8), “alternative method” means an analyzer the use of which has been approved under section 2.4, 2.5, or 2.6 of this appendix or some combination thereof.
2.8.2 Requests for approval under this section (2.8) must meet the submittal requirements of sections 2.7.1 and 2.7.2.1 of this appendix.
2.8.3 Each request submitted under this section (2.8) must include:
2.8.3.1 A description, in such detail as may be appropriate, of the desired modification;
2.8.3.2 A brief statement of the purpose(s) of the modification, including any reasons for considering it necessary or advantageous;
2.8.3.3 A brief statement of belief concerning the extent to which the modification will or may affect the performance characteristics of the method; and
2.8.3.4 Such further information as may be necessary to explain and support the statements required by sections 2.8.3.2 and 2.8.3.3.
2.8.4 Within 75 days after receiving a request for approval under this section (2.8) and such further information as he may request for purposes of his decision, the Administrator will approve or disapprove the modification in question by letter to the person or agency requesting such approval.
2.8.5 A temporary modification that will or might alter the performance characteristics of a reference, equivalent, or alternative method may be made without prior approval under this section (2.8) if the method is not functioning or is malfunctioning, provided that parts necessary for repair in accordance with the applicable operation manual cannot be obtained within 45 days. Unless such temporary modification is later approved under section 2.8.4, the temporarily modified method shall be repaired in accordance with the applicable operation manual as quickly as practicable but in no event later than 4 months after the temporary modification was made, unless an extension of time is granted by the Administrator. Unless and until the temporary modification is approved, air quality data obtained with the method as temporarily modified must be clearly identified as such when submitted in accordance with § 58.28 or § 58.35 of this chapter and must be accompanied by a report containing the information specified in section 2.8.3. A request that the Administrator approve a temporary modification may be submitted in accordance with sections 2.8.1 through 2.8.4. In such cases the request will be considered as if a request for prior approval had been made.
2.9 Use of IMPROVE Samplers at a SLAMS. “IMPROVE” samplers may be used in SLAMS for monitoring of regional background and regional transport concentrations of fine particulate matter. The IMPROVE samplers were developed for use in the Interagency Monitoring of Protected Visual Environments (IMPROVE) network to characterize all of the major components and many trace constituents of the particulate matter that impair visibility in Federal Class I Areas. These samplers are routinely operated at about 70 locations in the United States. IMPROVE samplers consist of four sampling modules that are used to collect twice weekly 24-hour duration simultaneous samples. Modules A, B, and C collect PM
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3.1 Methods used in those SLAMS which are also designated as NAMS to measure SO
4.1 Methods used for O
4.2 Methods used for NO, NO
4.3 Methods for meteorological measurements and speciated VOC monitoring are included in the guidance provided in references 2 and 3. If alternative VOC monitoring methodology (including the use of new or innovative technologies), which is not included in the guidance, is proposed, it must be detailed in the network description required by § 58.40 and subsequently approved by the Administrator.
5.0
5.1 For short-term measurements of PM
5.1.1 Either the “Staggered PM
5.1.2 Any other method for measuring PM
5.1.2.1 Which has a measurement range or ranges appropriate to accurately measure air pollution episode concentration of PM
5.1.2.2 Which has a sample period appropriate for short-term PM
5.1.2.3 For which a quantitative relationship to a reference or equivalent method for PM
5.2 Quality Assurance. PM
1. Pelton, D. J. Guideline for Particulate Episode Monitoring Methods, GEOMET Technologies, Inc., Rockville, MD. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Contract No. 68-02-3584. EPA 450/4-83-005. February 1983.
2. Technical Assistance Document For Sampling and Analysis of Ozone Precursors. Atmospheric Research and Exposure Assessment Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. EPA 600/8-91-215. October 1991.
3. Quality Assurance Handbook for Air Pollution Measurement Systems: Volume IV. Meteorological Measurements. Atmospheric Research and Exposure Assessment Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. EPA 600/4-90-0003. August 1989.
(4) Eldred, R.A., Cahill, T.A., Wilkenson, L.K., et al., Measurements of fine particles and their chemical components in the IMPROVE/NPS networks, in Transactions of the International Specialty Conference on Visibility and Fine Particles, Air and Waste Management Association: Pittsburgh, PA, 1990; pp 187-196.
(5) Sisler, J.F., Huffman, D., and Latimer, D.A.; Spatial and temporal patterns and the chemical composition of the haze in the United States: An analysis of data from the IMPROVE network, 1988-1991, ISSN No. 0737-5253-26, National Park Service, Ft. Collins, CO, 1993.
(6) Eldred, R.A., Cahill, T.A., Pitchford, M., and Malm, W.C.; IMPROVE—a new remote area particulate monitoring system for visibility studies, Proceedings of the 81st Annual Meeting of the Air Pollution Control Association, Dallas, Paper 88-54.3, 1988.
1. SLAMS Monitoring Objectives and Spatial Scales
2. SLAMS Network Design Procedures
2.1 Background Information for Establishing SLAMS
2.2 Substantive Changes in SLAMS/NAMS Network Design Elements
2.3 Sulfur Dioxide (SO
2.4 Carbon Monoxide (CO) Design Criteria for SLAMS
2.5 Ozone (O
2.6 Nitrogen Dioxide (NO
2.7 Lead (Pb) Design Criteria for SLAMS
2.8 Particluate Matter Design Criteria for SLAMS
3. Network Design for National Air Monitoring Stations (NAMS)
3.1 [Reserved]
3.2 Sulfur Dioxide (SO
3.3 Carbon Monoxide (CO) Design Criteria for NAMS
3.4 Ozone (O
3.5 Nitrogen Dioxide (NO
3.6 Lead (Pb) Design Criteria for NAMS
3.7 Particulate Matter Design Criteria for NAMS
4. Network Design for Photochemical Assessment Monitoring Stations (PAMS)
5. Summary
6. References
1.
The purpose of this appendix is to describe monitoring objectives and general criteria to be applied in establishing the State and
The network of stations that comprise SLAMS should be designed to meet a minimum of six basic monitoring objectives. These basic monitoring objectives are:
(1) To determine highest concentrations expected to occur in the area covered by the network.
(2) To determine representative concentrations in areas of high population density.
(3) To determine the impact on ambient pollution levels of significant sources or source categories.
(4) To determine general background concentration levels.
(5) To determine the extent of Regional pollutant transport among populated areas; and in support of secondary standards.
(6) To determine the welfare-related impacts in more rural and remote areas (such as visibility impairment and effects on vegetation).
It should be noted that this appendix contains no criteria for determining the total number of stations in SLAMS networks, except in areas where Pb concentrations currently exceed or have exceeded the Pb NAAQS during any one quarter of the most recent eight quarters. The optimum size of a particular SLAMS network involves trade offs among data needs and available resources that EPA believes can best be resolved during the network design process.
This appendix focuses on the relationship between monitoring objectives and the geographical location of monitoring stations. Included are a rationale and set of general criteria for identifying candidate station locations in terms of physical characteristics which most closely match a specific monitoring objective. The criteria for more specifically siting the monitoring station, including spacing from roadways and vertical and horizontal probe and path placement, are described in appendix E of this part.
To clarify the nature of the link between general monitoring objectives and the physical location of a particular monitoring station, the concept of spatial scale of representativeness of a monitoring station is defined. The goal in siting stations is to correctly match the spatial scale represented by the sample of monitored air with the spatial scale most appropriate for the monitoring objective of the station.
Thus, spatial scale of representativeness is described in terms of the physical dimensions of the air parcel nearest to a monitoring station throughout which actual pollutant concentrations are reasonably similar. The scale of representativeness of most interest for the monitoring objectives defined above are as follows:
Proper siting of a monitoring station requires precise specification of the monitoring objective which usually includes a desired spatial scale of representativeness. For example, consider the case where the objective is to determine maximum CO concentrations in areas where pedestrians may reasonably be exposed. Such areas would most likely be located within major street canyons of large urban areas and near traffic corridors. Stations located in these areas are most likely to have a microscale of representativeness since CO concentrations typically peak nearest roadways and decrease rapidly as the monitor is moved from the roadway. In this example, physical location was determined by consideration of CO emission patterns, pedestrian activity, and physical characteristics affecting pollutant dispersion. Thus, spatial scale of representativeness was not used in the selection process but was a
In some cases, the physical location of a station is determined from joint consideration of both the basic monitoring objective, and a desired spatial scale of representativeness. For example, to determine CO concentrations which are typical over a reasonably broad geographic area having relatively high CO concentrations, a neighborhood scale station is more appropriate. Such a station would likely be located in a residential or commercial area having a high overall CO emission density but not in the immediate vicinity of any single roadway. Note that in this example, the desired scale of representativeness was an important factor in
In either case, classification of the station by its intended objective and spatial scale of representativeness is necessary and will aid in interpretation of the monitoring data.
Table 1 illustrates the relationship between the four basic monitoring objectives and the scales of representativeness that are generally most appropriate for that objective.
Open path analyzers can often be used effectively and advantageously to provide better monitoring representation for population exposure monitoring and general or background monitoring in urban and neighborhood scales of representation. Such analyzers may also be able to provide better area coverage or operational advantages in high concentration and source-impact monitoring in middle scale and possibly microscale areas. However, siting of open path analyzers for the latter applications must be carried out with proper regard for the specific monitoring objectives and for the path-averaging nature of these analyzers. Monitoring path lengths need to be commensurate with the intended scale of representativeness and located carefully with respect to local sources or potential obstructions. For short-term/high-concentration or source-oriented monitoring, the monitoring path may need to be further restricted in length and be oriented approximately radially with respect to the source in the downwind direction, to provide adequate peak concentration sensitivity. Alternatively, multiple (e.g., orthogonal) paths may be used advantageously to obtain both wider area coverage and peak concentration sensitivity. Further discussion on this topic is included in section 2.2 of this appendix.
Subsequent sections of this appendix describe in greater detail the most appropriate scales of representativeness and general monitoring locations for each pollutant.
The preceding section of this appendix has stressed the importance of defining the objectives for monitoring a particular pollutant. Since monitoring data are collected to “represent” the conditions in a section or subregion of a geographical area, the previous section included a discussion of the scale of representativeness of a monitoring station. The use of this physical basis for locating stations allows for an objective approach to network design.
The discussion of scales in sections 2.3 through 2.8 of this appendix does not include all of the possible scales for each pollutant. The scales that are discussed are those that are felt to be most pertinent for SLAMS network design.
In order to evaluate a monitoring network and to determine the adequacy of particular monitoring stations, it is necessary to examine each pollutant monitoring station individually by stating its monitoring objective and determining its spatial scale of representativeness. This will do more than insure compatibility among stations of the same type. It will also provide a physical basis for the interpretation and application of the data. This will help to prevent mismatches between what the data actually represent and what the data are interpreted to represent. It is important to note that SLAMS are not necessarily sufficient for completely describing air quality. In many situations, diffusion models must be applied to complement ambient monitoring, e.g., determining the impact of point sources or defining boundaries of nonattainment areas.
Information such as emissions density, housing density, climatological data, geographic information, traffic counts, and the results of modeling will be useful in designing regulatory networks. Air pollution control agencies have shown the value of screening studies, such as intensive studies conducted with portable samplers, in designing networks. In many cases, in selecting sites for core PM
2.1 Background Information for Establishing SLAMS. Background information that must be considered in the process of selecting SLAMS from the existing network and in establishing new SLAMS includes emission inventories, climatological summaries, and local geographical characteristics. Such information is to be used as a basis for the judgmental decisions that are required during the station selection process. For new stations, the background information should be used to decide on the actual location considering the monitoring objective and spatial scale while following the detailed procedures in References 1 through 4.
Emission inventories are generally the most important type of background information needed to design the SLAMS network.
Emission inventory information for point sources should be generally available for any area of the country for annual and seasonal averaging times. Specific information characterizing the emissions from large point sources for the shorter averaging times (diurnal variations, load curves, etc.) can often be obtained from the source. Area source emission data by season, although not available from the EPA, can be generated by apportioning annual totals according to degree days.
Detailed area source data are also valuable in evaluating the adequacy of an existing station in terms of whether the station has been located in the desired spatial scale of representativeness. For example, it may be the desire of an agency to have an existing CO station measuring in the neighborhood scale.
By examining the traffic data for the area and examining the physical location of the station with respect to the roadways, a determination can be made as to whether or not the station is indeed measuring the air quality on the desired scale.
The climatological summaries of greatest use are the frequency distributions of wind speed and direction. The wind rose is an easily interpreted graphical presentation of the directional frequencies. Other types of useful climatological data are also available, but generally are not as directly applicable to the site selection process as are the wind statistics.
In many cases, the meteorological data originating from the most appropriate (not necessarily the nearest) national weather service (NWS) airport station in the vicinity of the prospective siting area will adequately reflect conditions over the area of interest, at least for annual and seasonal averaging times. In developing data in complex meteorological and terrain situations, diffusion meteorologists should be consulted. NWS stations can usually provide most of the relevant weather information in support of network design activities anywhere in the country. Such information includes joint frequency distributions of winds and atmospheric stability (stability-wind roses).
The geographical material is used to determine the distribution of natural features, such as forests, rivers, lakes, and manmade features. Useful sources of such information may include road and topographical maps, aerial photographs, and even satellite photographs. This information may include the terrain and land-use setting of the prospective monitor siting area, the proximity of larger water bodies, the distribution of pollutant sources in the area, the location of NWS airport stations from which weather data may be obtained, etc. Land use and topographical characteristics of specific areas of interest can be determined from U.S. Geological Survey (USGS) maps and land use maps. Detailed information on urban physiography (building/street dimensions, etc.) can be obtained by visual observations, aerial photography, and also surveys to supplement the information available from those sources. Such information could be used in determining the location of local pollutant sources in and around the prospective station locations.
2.2 Substantive Changes in SLAMS/NAMS Network Design Elements. Two important purposes of the SLAMS monitoring data are to examine and evaluate overall air quality within a certain region, and to assess the trends in air pollutant levels over several years. The EPA believes that one of the primary tools for providing these characterizations is an ambient air monitoring program which implements technically representative networks. The design of these networks must be carefully evaluated not only at their outset, but at relatively frequent intervals thereafter, using an appropriate combination of other important technical tools, including: dispersion and receptor modeling, saturation studies, point and area source emissions analyses, and meteorological assessments. The impetus for these subsequent reexaminations of monitoring network adequacy stems not only from the need to evaluate the effect that changes in the environment may pose, but also from the recognition that new and/or refined tools and techniques for use in impact assessments are continually emerging and available for application.
Substantiative changes to an ambient air monitoring network are both inevitable and necessary; however, any changes in any substantive aspect of an existing SLAMS network or monitoring site that might affect the continuity or comparability of pollutant measurements over time must be carefully and thoroughly considered. Such substantive changes would include cessation of monitoring at an existing site, relocation of an existing site, a change in the type of monitoring method used, any change in the probe or path height or orientation that might affect pollutant measurements, any significant changes in calibration procedures or standards, any significant change in operational or quality assurance procedures, any significant change in the sources or the character
In general, these types of changes should be made cautiously with due consideration given to the impact of such changes on the network/site's ability to meet its intended goals. Some of these changes will be inevitable (such as when a monitoring site will no longer be available and the monitor must be relocated, for example). Other changes may be deemed necessary and advantageous, after due consideration of their impact, even though they may have a deleterious effect on the long-term comparability of the monitoring data. In these cases, an effort should be made to quantify, if possible, or at least characterize, the nature or extent of the effects of the change on the monitoring data. In all cases, the changes and all information pertinent to the effect of the change should be properly and completely documented for evaluation by trends analysts.
The introduction of open path methods to the SLAMS monitoring network may seem relatively straightforward, given the kinds of technical analyses required in this appendix. However, given the uncertainties attendant to these analyses and the critical nature and far-reaching regulatory implications of some sites in the current SLAMS network composed of point monitors, there is a need to ‘bridge’ between databases generated by these different candidate methods to evaluate and promote continuity in understanding of the historical representativeness of the database.
Concurrent, nominally collocated monitoring must be conducted in all instances where an open path analyzer is effectively intended to replace a criteria pollutant point monitor which meets either of the following:
1. Data collected at the site represents the maximum concentration for a particular nonattainment area; or
2. Data collected at the site is currently used to characterize the development of a nonattainment area State implementation plan.
The Regional Administrator, the Administrator, or their appropriate designee may also require collocated monitoring at other sites which are, based on historical technical data, significant in assessing air quality in a particular area. The term of this requirement is determined by the Regional Administrator (for SLAMS), Administrator (for NAMS), or their appropriate designee. The recommended minimum term consists of one year (or one season of maximum pollutant concentration) with a maximum term indexed to the subject pollutant NAAQS compliance interval (e.g., three calendar years for ozone). The requirement involves concurrent monitoring with both the open path analyzer and the existing point monitor during this term. Concurrent monitoring with more than one point analyzer with an open path analyzer using one or more measurement paths may also be advantageous to confirm adequate peak concentration sensitivity or to optimize the location and length of the monitoring path or paths.
All or some portion of the above requirement may be waived by the Regional Administrator (for SLAMS), the Administrator (for NAMS), or their designee in response to a request, based on accompanying technical information and analyses, or in certain unavoidable instances caused by logistical circumstances.
These requirements for concurrent monitoring also generally apply to situations where the relocation of any SLAMS site, using either a point monitor or an open path analyzer, within an area is being contemplated.
2.3 Sulfur Dioxide (SO
After the spatial scale has been selected to meet the monitoring objectives for each station location, the procedures found in reference 2 should be used to evaluate the adequacy of each existing SO
2.4 Carbon Monoxide (CO) Design Criteria for SLAMS. Micro, middle, and neighborhood scale measurements are necessary station classifications for SLAMS since most people are exposed to CO concentrations in these scales. Carbon monoxide maxima occur primarily in areas near major roadways and intersections with high traffic density and poor atmospheric ventilation. As these maxima can be predicted by ambient air quality modeling, a large fixed network of CO monitors is not required. Long-term CO monitoring should be confined to a limited number of micro and neighborhood scale stations in large metropolitan areas to measure maximum pollution levels and to determine the effectiveness of control strategies.
The middle scale would also include the parking lots and feeder streets associated with indirect sources which attract significant numbers of pollutant emitters, particularly autos. Shopping centers, stadia, and office buildings are examples of indirect sources.
After the spatial scale has been determined to meet the monitoring objectives for each location, the location selection procedures, as shown in reference 3 should be used to evaluate the adequacy of each existing CO station and must be used to relocate an existing station or to locate any new SLAMS stations. The background material necessary for these procedures may include the average daily traffic on all streets in the area, wind roses for different hours of the day, and maps showing one-way streets, street widths, and building heights. If the station is to typify the area with the highest concentrations, the streets with the greatest daily traffic should be identified. If some streets are one-way, those streets that have the greatest traffic during the afternoon and evening hours should be selected as tentative locations, because the periods of high traffic volume are usually of greatest duration through the evening hours. However, the strength of the morning inversion has to be considered along with the traffic volume and pattern when seeking areas with the highest concentrations. Traffic counters near the stations will provide valuable data for interpreting the observed CO Concentrations.
Monitors should not be placed in the vicinity of possible anomalous source areas. Examples of such areas include toll gates on turnpikes, metered freeway ramps, and drawbridge approaches. Additional information on network design may be found in reference 3.
2.5 Ozone (O
The relationships between primary emissions (precursors) and secondary pollutants (O
The principal spatial scales for SLAMS purposes based on the monitoring objectives are neighborhood, urban, regional, and to a lesser extent, middle scale. Since ozone requires appreciable formation time, the mixing of reactants and products occurs over large volumes of air, and this reduces the importance of monitoring small scale spatial variability.
The location selection procedure continues after the spatial scale is selected based on the monitoring objectives. The appropriate network design procedures as found in reference 4, should be used to evaluate the adequacy of each existing O
For locating a neighborhood scale station to measure typical city concentrations, a reasonably homogeneous geographical area near the center of the region should be selected which is also removed from the influence of major NO
In locating a neighborhood scale station which is to measure high concentrations, the same procedures used for the urban scale are followed except that the station should be located closer to the areas bordering on the center city or slightly further downwind in an area of high density population.
For regional scale background monitoring stations, the most frequent wind associated with important photochemical activity should be determined. The prospective monitoring area should be upwind for the most
Since ozone levels decrease significantly in the colder parts of the year in many areas, ozone is required to be monitored at NAMS and SLAMS monitoring sites only during the “ozone season” as designated in the AIRS files on a State by State basis and described below:
2.6 Nitrogen Dioxide (NO
After the spatial scale is selected based on the monitoring objectives, then the siting procedures as found in reference 4 should be used to evaluate the adequacy of each existing NO
For neighborhood or urban scales, the emphasis in site selection will be in finding those areas where long-term averages are expected to be the highest. Nevertheless, it should be expected that the maximum NO
Once the major emissions areas and wind patterns are known, areas of potential maximum NO
2.7
Monitoring for ambient Pb levels is required for all major urbanized areas where Pb levels have been shown or are expected to be of concern due to the proximity of Pb point source emissions. Sources emitting five tons per year or more of actual point and fugitive Pb emissions would generally be candidates for lead ambient air monitoring. Modeling may be needed to determine if a source has the potential to exceed the quarterly lead National Ambient Air Quality Standards (NAAQS). The total number and type of stations for SLAMS are not prescribed but must be determined on a case-by-case basis. As a minimum, there must be two stations in any area where Pb concentrations currently exceed or have exceeded the Pb NAAQS during any one quarter of the most recent eight quarters. Where the Pb air quality violations are widespread or the emissions density, topography, or population locations are complex and varied, there may be a need to establish more than two Pb ambient air monitoring stations. The EPA Regional Administrator may specify more than two monitoring stations if it is found that two stations are insufficient to adequately determine if the Pb standard is being attained and maintained. The Regional Administrator may also specify that stations be located in areas outside the boundaries of the urbanized areas.
Concerning the previously discussed required minimum of two stations, at least one of the stations must be a category (a) type station and the second may be either category (a) or (b) depending upon the extent of the point source's impact and the existence of residential neighborhoods surrounding the source. When the source is located in an area that is subject to NAMS requirements as in Section 3 of this Appendix, it is preferred
To locate monitoring stations, it will be necessary to obtain background information such as point source emissions inventories, climatological summaries, and local geographical characteristics. Such information should be used to identify areas that are most suitable to the particular monitoring objective and spatial scale of representativeness desired. References 9 & 10 of this appendix provide additional guidance on locating sites to meet specific urban area monitoring objectives and should be used in locating new stations or evaluating the adequacy of existing stations.
After locating each Pb station and, to the extent practicable, taking into consideration the collective impact of all Pb sources and surrounding physical characteristics of the siting area, a spatial scale of representativeness must be assigned to each station.
2.8
As with other pollutants measured in the SLAMS network, the first step in designing the particulate matter network is to collect the necessary background information. Various studies in references 11, 12, 13, 14, 15, and 16 of section 6 of this appendix have documented the major source categories of particulate matter and their contribution to ambient levels in various locations throughout the country.
2.8.0.1 Sources of background information would be regional and traffic maps, and aerial photographs showing topography, settlements, major industries and highways. These maps and photographs would be used to identify areas of the type that are of concern to the particular monitoring objective. After potentially suitable monitoring areas for particulate matter have been identified on a map, modeling may be used to provide an estimate of particulate matter concentrations throughout the area of interest. After completing the first step, existing particulate matter stations should be evaluated to determine their potential as candidates for SLAMS designation. Stations meeting one or more of the six basic monitoring objectives described in section 1 of this appendix must be classified into one of the five scales of representativeness (micro, middle, neighborhood, urban and regional) if the stations are to become SLAMS. In siting and classifying particulate matter stations, the procedures in references 17 and 18 of section 6 of this appendix should be used.
2.8.0.2 The most important spatial scales to effectively characterize the emissions of particulate matter from both mobile and stationary sources are the middle scales for PM
2.8.0.3 Microscale—This scale would typify areas such as downtown street canyons and traffic corridors where the general public would be exposed to maximum concentrations from mobile sources. In some circumstances, the microscale is appropriate for particulate stations; core SLAMS on the microscale should, however, be limited to urban sites that are representative of long-term human exposure and of many such microenvironments in the area. In general, microscale particulate matter sites should be located near inhabited buildings or locations where the general public can be expected to be exposed to the concentration measured. Emissions from stationary sources such as primary and secondary smelters, power plants, and other large industrial processes may, under certain plume conditions, likewise result in high ground level concentrations at the microscale. In the latter case, the microscale would represent an area impacted by the plume with dimensions extending up to approximately 100 meters. Data collected at microscale stations provide information for evaluating and developing hot spot control measures. Unless these sites are indicative of population-oriented monitoring, they may be more appropriately classified as SPMs.
2.8.0.4 Middle Scale—Much of the measurement of short-term public exposure to coarse fraction particles (PM
2.8.0.5 Neighborhood Scale—Measurements in this category would represent conditions throughout some reasonably homogeneous urban subregion with dimensions of a few kilometers and of generally more regular shape than the middle scale. Homogeneity refers to the particulate matter concentrations, as well as the land use and land surface characteristics. Much of the PM
2.8.0.6 Neighborhood scale data could provide valuable information for developing, testing, and revising models that describe the larger-scale concentration patterns, especially those models relying on spatially smoothed emission fields for inputs. The neighborhood scale measurements could also be used for neighborhood comparisons within or between cities. This is the most likely scale of measurements to meet the needs of planners.
2.8.0.7 Urban Scale—This class of measurement would be made to characterize the particulate matter concentration over an entire metropolitan or rural area ranging in size from 4 to 50 km. Such measurements would be useful for assessing trends in area-wide air quality, and hence, the effectiveness of large scale air pollution control strategies. Core PM
2.8.0.8 Regional Scale—These measurements would characterize conditions over areas with dimensions of as much as hundreds of kilometers. As noted earlier, using representative conditions for an area implies some degree of homogeneity in that area. For this reason, regional scale measurements would be most applicable to sparsely populated areas with reasonably uniform ground cover. Data characteristics of this scale would provide information about larger scale processes of particulate matter emissions, losses and transport. Especially in the case of PM
2.8.1
2.8.1.1 Monitoring Planning Areas.
Monitoring planning areas (MPAs) shall be used to conform to the community-oriented monitoring approach used for the PM
2.8.1.2 PM
2.8.1.2.1 The minimum required number, type of monitoring sites, and sampling requirements for PM
2.8.1.2.2 Comparisons to the PM
2.8.1.2.3 The health-effects data base that served as the basis for selecting the new
2.8.1.2.4 Within each MPA, the responsible air pollution control agency shall install core SLAMS, other required SLAMS and as many PM
2.8.1.3 Core Monitoring Stations for PM
Core monitoring stations or sites are a subset of the SLAMS network for PM
2.8.1.3.1 Within each monitoring planning area, the responsible air pollution control agency shall install the following core PM
(a) At least two core PM
(b) At least one core PM
(c) Additional core PM
2.8.1.3.2 The site situated in the area of expected maximum concentration is analogous to NAMS “category a.”
2.8.1.3.3 Those MPAs that are substantially impacted by several different and geographically disjoint local sources of fine particulate should have separate core sites to monitor each influencing source region.
2.8.1.3.4 Within each monitoring planning area, one or more required core SLAMS may be exempted by the Regional Administrator. This may be appropriate in areas where the highest concentration is expected to occur at the same location as the area of maximum or sensitive population impact, or areas with low concentrations (e.g., highest concentrations are less than 80 percent of the NAAQS). When only one core monitor for PM
2.8.1.3.5 More than the minimum number of core SLAMS should be deployed as necessary in all MPAs. Except for the core SLAMS described in section 2.8.1.3.1 of this appendix,
2.8.1.3.6 A subset of the core PM
2.8.1.3.7 Core monitoring sites shall represent neighborhood or larger spatial scales. A monitor that is established in the ambient air that is in or near a populated area, and meets appropriate 40 CFR part 58 criteria (i.e., meets the requirements of § 58.13 and § 58.14, Appendices A, C, and E of this part) can be presumed to be representative of at least a neighborhood scale, is eligible to be called a core site and shall produce data that are eligible for comparison to both the 24-hour and annual PM
2.8.1.3.8 Continuous fine particulate monitoring at core SLAMS. At least one continuous fine particulate analyzer (e.g., beta attenuation analyzer; tapered-element, oscillating microbalance (TEOM); transmissometer; nephelometer; or other acceptable continuous fine particulate monitor) shall be located at a core monitoring PM
2.8.1.4 Other PM
In addition to the required core sites described in section 2.8.1.3 of this appendix, the State shall also install and operate on an every third day sampling schedule at least one SLAMS to monitor for regional background and at least one SLAMS to monitor regional transport. These monitoring stations may be at a community-oriented site and their requirement may be satisfied by a corresponding SLAMS monitor in an area having similar air quality in another State. The State shall also be required to establish additional SLAMS sites based on the total population outside the MSA(s) associated with monitoring planning areas that contain required core SLAMS. There shall be one such additional SLAMS for each 200,000 people. The minimum number of SLAMS may be deployed anywhere in the State to satisfy the SLAMS monitoring objectives including monitoring of small scale impacts which may not be community-oriented or for regional transport as described in section 1 of this appendix. Other SLAMS may also be established and are encouraged in a State PM
2.8.1.5 Additional PM
(a) Within 1 year after September 16, 1997, chemical speciation will be required at approximately 25 PM
(b) Air pollution control agencies shall archive PM
2.8.1.6 Community Monitoring Zones.
2.8.1.6.1 The CMZs describe areas within which two or more core monitors may be averaged for comparison with the annual PM
2.8.1.6.2 Each monitoring planning area may have at least one CMZ, that may or may not cover the entire MPA. In metropolitan statistical areas (MSAs) for which MPAs are required, the CMZs may completely cover the entire MSA. When more than one CMZ is described within an MPA, CMZs shall not overlap in their geographical coverage. All areas in the ambient air may become a CMZ.
2.8.1.6.3. As PM
2.8.1.6.4 The spatial representativeness of individual monitoring sites should be considered in the design of the network and in establishing the boundaries of CMZs. Communities within the MPA with the highest PM
2.8.1.7 Selection of Monitoring Locations Within MPAs or CMZs.
2.8.1.7.1 Figure 1 of this appendix illustrates a hypothetical monitoring planning area and shows the location of monitors in relation to population and areas of poor air quality. Figure 2 of this appendix shows the same hypothetical MPA as Figure 1 of this appendix and illustrates potential community monitoring zones and the location of core monitoring sites within them.
2.8.1.7.2 In Figure 1 of this appendix, a hypothetical monitoring planning area is shown representing a typical Eastern US urban areas. The ellipses represent zones with relatively high population and poor air quality, respectively. Concentration isopleths are also depicted. The highest population density is indicated by the urban icons, while the area of worst air quality is presumed to be near the industrial symbols. The monitoring area should have at least one core monitor to represent community wide air quality in each sub-area affected by different emission sources. Each monitoring planning area with population greater than 500,000 is required to have at least two core population-oriented monitors that will sample everyday (with PAMS areas requiring three) and may have as many other core SLAMS, other SLAMS, and SPMs as necessary. All SLAMS should generally be population-oriented, while the SPMs can focus more on other monitoring objectives, e.g., identifying source impacts and the area boundaries with maximum concentration. C
2.8.1.7.3 A Monitoring Planning Area may have one or more community monitoring zones (CMZ) for aggregation of data from eligible SLAMS and SPM sites for comparison to the annual NAAQS. The planning area has large gradients of average air quality and, as shown in Figure 2 may be assigned three CMZs: An industrial zone, a downtown central business district (CBD), and a residential area. (If there is not a large difference between downtown concentrations and other residential areas, a separate CBD zone would not be appropriate).
2.8.1.7.4 Figure 3 of this appendix illustrates how CMZs and PM
2.8.1.7.5 Figure 4 of this appendix shows how the MPAs, CMZs, and PM
2.8.2
2.8.2.1 Section 2.2 of appendix C of this part describes conditions under which TSP samplers can be used as substitutes for PM
2.8.2.2 If data produced by substitute PM samplers exceed the concentration levels described in appendix C of this part, then the need for this sampler to be converted to a PM
2.8.2.3 Consistent with § 58.1, combinations of SLAMS PM
The NAMS must be stations selected from the SLAMS network with emphasis given to urban and multisource areas. Areas to be monitored must be selected based on urbanized population and pollutant concentration levels. Generally, a larger number of NAMS are needed in more polluted urban and multisource areas. The network design criteria discussed below reflect these concepts. However, it should be emphasized that deviations from the NAMS network design criteria may be necessary in a few cases. Thus, these design criteria are not a set of rigid rules but rather a guide for achieving a proper distribution of monitoring sites on a national scale.
The primary objective for NAMS is to monitor in the areas where the pollutant concentration and the population exposure are expected to be the highest consistent with the averaging time of the NAAQS. Accordingly, the NAMS fall into two categories:
Category (a): Stations located in area(s) of expected maximum concentrations, generally microscale for CO, microscale or middle scale for Pb, middle scale or neighborhood scale for population-oriented particulate matter, urban or regional scale for Regional transport PM
Category (b): Stations which combine poor air quality with a high population density but not necessarily located in an area of expected maximum concentrations (neighborhood scale, except urban scale for NO
For each urban area where NAMS are required, both categories of monitoring stations must be established. In the case of Pb and SO
For each MSA where NAMS are required, both categories of monitoring stations must be established. In the case of SO
The concept of NAMS is designed to provide data for national policy analyses/trends and for reporting to the public on major metropolitan areas. It is not the intent to monitor in every area where the NAAQS are violated. On the other hand, the data from SLAMS should be used primarily for nonattainment decisions/ analyses in specific geographical areas. Since the NAMS are stations from the SLAMS network, station locating procedures for NAMS are part of the SLAMS network design process.
3.1 [Reserved]
3.2 Sulfur Dioxide (SO
The estimated number of SO
Like TSP, the worst air quality in an urban area is to be used as the basis for determining the required number of SO
3.3 Carbon Monoxide (CO) Design Criteria for NAMS. Information is needed on ambient CO levels in major urbanized areas where CO levels have been shown or inferred to be a significant concern. At the national level, EPA will not routinely require data from as
Although State and local air programs may require extensive monitoring to document and measure the local impacts of CO emissions and emission controls, an adequate national perspective is possible with as few as two stations per major urban area. The two categories for which CO NAMS would be required are: (a) Peak concentration areas such as are found around major traffic arteries and near heavily traveled streets in downtown areas (micro scale); and (b) neighborhoods where concentration exposures are significant (middle scale, neighborhood scale).
The peak concentration station (micro scale) is usually found near heavily traveled downtown streets (street canyons), but could be found along major arterials (corridors), either near intersections or at low elevations which are influenced by downslope drainage patterns under low inversion conditions. The peak concentration station should be located so that it is representative of several similar source configurations in the urban area, where the general population has access. Thus, it should reflect one of many potential peak situations which occur throughout the urban area. It is recognized that this does not measure air quality which represents large geographical areas. Thus, a second type of station on the neighborhood scale is necessary to provide data representative of the high concentration levels which exist over large geographical areas.
The category (b) (middle scale or neighborhood scale) should be located in areas with a stable, high population density, projected continuity of neighborhood character, and high traffic density. The stations should be located where no major zoning changes, new highways, or new shopping centers are being considered. The station should be where a significant CO pollution problem exists, but not be unduly influenced by any one line source. Rather, it should be more representative of the overall effect of the sources in a significant portion of the urban area.
Because CO is generally associated with heavy traffic and population clusters, an urbanized area with a population greater than 500,000 is the principal critertion for identifying the urban areas for which pairs of NAMS for this pollutant will be required. The criterion is based on judgment that stations in urban areas with greater than 500,000 population would provide sufficient data for national analysis and national reporting to Congress and the public. Also, it has generally been shown that major CO problems are found in areas greater than 500,000 population.
3.4 Ozone (O
Each urban area will generally require only two ozone NAMS, One station would be representative of maximum ozone concentrations (category (a), urban scale) under the wind transport conditions as discussed in section 2.5. The exact location should balance local factors affecting transport and buildup of peak O
3.5 Nitrogen Dioxide (NO
Within urban areas requiring NAMS, two permanent monitors are sufficient. The first station (category (a), middle scale or neighborhood scale) would be to measure the photochemical production of NO
3.6
In addition, one NAMS site must be located in each of the MSA/CMSAs where one or more violations of the quarterly Pb NAAQS have been recorded over the previous eight quarters. If a violation of the quarterly Pb NAAQS is measured at a monitoring site outside of a MSA/CMSA, one NAMS site must be located within the county in a populated area, apart from the Pb source, to assess area wide Pb air pollution levels. These NAMS sites should represent the maximum Pb concentrations measured within the MSA/CMSA, city, or county that is not directly affected from a single Pb point source. Further, in order that on-road mobile source emissions may continue to be verified as not contributing to lead NAAQS violations, roadside ambient lead monitors should be considered as viable NAMS site candidates. A NAMS site may be a microscale or middle scale category (a) station, located adjacent to a major roadway (e.g., >30,000 ADT), or a neighborhood scale category (b) station that is located in a highly populated residential section of the MSA/CMSA or county where the traffic density is high. Data from these sites will be used to assess general conditions for large MSA/CMSAs and other populated areas as a marker for national trends, and to confirm continued attainment of the Pb NAAQS. In some cases, the MSA/CMSA subject to the latter lead NAMS requirement due to a violating point source will be the same MSA/CMSA subject to the lead NAMS requirement based upon its population. For these situations, the total minimum number of required lead NAMS is one.
3.7
3.7.1 Table 4 indicates the approximate number of permanent stations required in MSAs to characterize national and regional PM
3.7.2 Through promulgation of the NAAQS for PM
3.7.3 The PM
3.7.4 The number of total PM
3.7.5 The approach for PM
3.7.6 States will be required to establish approximately 50 NAMS sites for routine chemical speciation of PM
3.7.7 Since emissions associated with the operation of motor vehicles contribute to urban area particulate matter levels, consideration of the impact of these sources must be included in the design of the NAMS network, particularly in MSAs greater than 500,000 population. In certain urban areas particulate emissions from motor vehicle diesel exhaust currently is or is expected to be a significant source of particulate matter ambient levels. The actual number of NAMS and their locations must be determined by EPA Regional Offices and the State agencies, subject to the approval of the Administrator as required by § 58.32. The Administrator's approval is necessary to ensure that individual stations conform to the NAMS selection criteria and that the network as a whole is sufficient in terms of number and location for purposes of national analyses.
3.7.7.1 Selection of urban areas and actual number of stations per area will be jointly determined by EPA and the State agency.
3.7.7.2 High concentration areas are those for which: Ambient PM
3.7.7.3 Medium concentration areas are those for which: Ambient PM
3.7.7.4 Low concentration areas are those for which: Ambient PM
In order to obtain more comprehensive and representative data on O
4.1 PAMS Data Uses. Data from the PAMS are intended to satisfy several coincident needs related to attainment of the National Ambient Air Quality Standards (NAAQS), SIP control strategy development and evaluation, corroboration of emissions tracking, preparation of trends appraisals, and exposure assessment.
(a)
(b)
(c)
The speciated VOC data will be used to determine changes in the species profile, resulting from the emission control program, particularly those resulting from the reformulation of fuels.
(d)
The more PAMS that are established in and near nonattainment areas, the more effective the trends data will become. As the spatial distribution and number of O
(e)
4.2 PAMS Monitoring Objectives. Unlike the SLAMS and NAMS design criteria which are pollutant specific, PAMS design criteria are site specific. Concurrent measurements of O
Type (1) sites are established to characterize upwind background and transported O
• Future development and evaluation of control strategies,
• Identification of incoming pollutants,
• Corroboration of NO
• Establishment of boundary conditions for future photochemical grid modeling and mid-course control strategy changes, and
• Development of incoming pollutant trends.
Type (2) sites are established to monitor the magnitude and type of precursor emissions in the area where maximum precursor emissions are expected to impact and are suited for the monitoring of urban air toxic pollutants. Type (2) sites are located immediately downwind of the area of maximum precursor emissions and are typically placed near the downwind boundary of the central business district to obtain neighborhood scale measurements. The appropriate downwind direction should be obtained similarly to that for type (1) sites. Additionally, a second type (2) site may be required depending on the size of the area, and should be placed in the second-most predominant morning wind direction as noted previously. Data measured at type (2) sites will be used principally for the following purposes:
• Development and evaluation of imminent and future control strategies,
• Corroboration of NO
• Augmentation of RFP tracking,
• Verification of photochemical grid model performance,
• Characterization of O
• Development of pollutant trends, particularly toxic air pollutants and annual ambient speciated VOC trends to compare with trends in annual VOC emission estimates, and
• Determination of attainment with the NAAQS for NO
Type (3) sites are intended to monitor maximum O
• Determination of attainment with the NAAQS for O
• Evaluation of future photochemical grid modeling applications,
• Future development and evaluation of control strategies,
• Development of pollutant trends, and
• Characterization of O
Type (4) sites are established to characterize the extreme downwind transported O
• Development and evaluation of O
• Identification of emissions and photochemical products leaving the area,
• Establishment of boundary conditions for photochemical grid modeling,
• Development of pollutant trends,
• Background and upwind information for other downwind areas, and
• Evaluation of photochemical grid model performance.
States choosing to submit an individual network description for each affected nonattainment area, irrespective of its proximity to other affected areas, must fulfill the requirements for isolated areas as described in section 4 of this appendix, as an example, and illustrated by Figure 5. States containing areas which experience significant impact from long-range transport or are proximate to other nonattainment areas (even in other States) should collectively submit a network description which contains alternative sites to those that would be required for an isolated area. Such a submittal should, as a guide, be based on the example provided in Figure 6, but must include a demonstration that the design satisfies the monitoring data uses and fulfills the PAMS monitoring objectives described in sections 4.1 and 4.2 of this appendix.
Alternative PAMS network designs should, on a site-by-site basis, provide those data necessary to enhance the attainment/nonattainment database for criteria pollutants and explain the origins of overwhelming O
4.3 Monitoring Period. PAMS precursor monitoring will be conducted annually throughout the months of June, July and August (as a minimum) when peak O
One in 3-day sampling—June 3, 1993.
One in 6-day sampling—June 6, 1993.
These monitoring dates will thereby be coincident with the previously-established, intermittent schedule for particulate matter. States initiating sampling earlier (or later) than June 3, 1993 should adjust their schedules to coincide with this national schedule.
4.4 Minimum Monitoring Network Requirements. The minimum required number and type of monitoring sites and sampling requirements are based on the population of the affected MSA/CMSA or nonattainment area (whichever is larger). The MSA/CMSA basis for monitoring network requirements was chosen because it typically is the most representative of the area which encompasses the emissions sources contributing to nonattainment. The MSA/CMSA emissions density can also be effectively and conveniently portrayed by the surrogate of population. Additionally, a network which is adequate to characterize the ambient air of an MSA/CMSA often must extend beyond the boundaries of such an area (especially for O
For purposes of network implementation and transition, EPA recommends the following priority order for the establishment of sites:
• The type (2) site which provides the most comprehensive data concerning O
• The type (3) site which provides a maximum O
• The type (1) site which delineates the effect of incoming precursor emissions and concentrations of O
• The type (4) site which provides extreme downwind boundary conditions, and
• The second type (2) site which provides comprehensive data concerning O
Note also that O
4.5 Transition Period. A variable period of time is proposed for phasing in the operation of all required PAMS. Within 1 year after (1) February 12, 1993, (2) or date of redesignation or reclassification of any existing O
4.6 Meteorological Monitoring. In order to support monitoring objectives associated with the need for various air quality analyses, model inputs and performance evaluations, meteorological monitoring including wind measurements at 10 meters above ground is required at each PAMS site. Monitoring should begin with site establishment. In addition, upper air meteorological monitoring is required for each PAMS area. Upper air monitoring should be initiated as soon as possible, but no later than 2 years after (1) February 12, 1993, (2) or date of redesignation or reclassification of any existing O
Table 6 of this appendix shows by pollutant, all of the spatial scales that are applicable for SLAMS and the required spatial scales for NAMS. There may also be some situations, as discussed later in appendix E of this part, where additional scales may be allowed for NAMS purposes.
1. Ludwig, F. L., J. H. S. Kealoha, and E. Shelar. Selecting Sites for Monitoring Total Suspended Particulates. Stanford Research Institute, Menlo Park, CA. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Publication No. EPA-450/3-77-018. June 1977, revised December 1977.
2. Ball, R. J. and G. E. Anderson. Optimum Site Exposure Criteria for SO
3. Ludwig, F. L. and J. H. S. Kealoha. Selecting Sites for Carbon Monoxide Monitoring. Stanford Research Institute, Menlo Park, CA. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Publication No. EPA-450/3-75-077. September 1975.
4. Ludwig, F. L. and E. Shelar. Site Selecting for the Monitoring of Photochemical Air Pollutants. Stanford Research Institute, Menlo Park, CA. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Publication No. EPA-450/3-78-013. April 1978.
5. Guideline on Air Quality Models. OAQPS, U.S. Environmental Protection
6. Lead Guideline Document, U. S. Environmental Protection Agency, Research Triangle Park, NC. EPA-452/R-93-009.
7. Air Quality Criteria for Lead. Office of Research and Development, U.S. Environmental Protection Agency, Washington, DC. EPA-600/8-83-028 aF-dF, 1986, and supplements EPA-600/8-89/049F, August 1990. (NTIS document numbers PB87-142378 and PB91-138420.)
8. Johnson, D. E., et al. Epidemiologic Study of the Effects of Automobile Traffic on Blood Lead Levels, Southwest Research Institute, Houston, TX. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA-600/1-78-055. August 1978.
9. Optimum Site Exposure Criteria for Lead Monitoring. PEDCo Environmental, Inc., Cincinnati, OH. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Contract No. 68-02-3013. (May 1981.)
10. “Guidance for Conducting Ambient Air Monitoring for Lead Around Point Sources,” Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC EPA-454/R-92-009, May 1997.
11. Cooper, J.A., et. al. Summary of the Portland Aerosol Characterization Study. (Presented at the 1979 Annual Air Pollution Association Meeting, Cincinnati, OH. APCA #79-24.4).
12. Bradway, R.M. and F.A. Record. National Assessment of the Urban Particulate Problem. Volume 1. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA-450/3-76-024. July 1976.
13. U.S. Environmental Protection Agency, Air Quality Criteria for Particulate Matter and Sulfur Oxides, Volume 2. Environmental Criteria and Assessment Office, Research Triangle Park, NC. December 1981.
14. Watson, J.G., et al. Analysis of Inhalable and Fine Particulate Matter Measurements. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA-450/4-81-035. December 1981.
15. Record, F.A. and L.A. Baci. Evaluation on Contribution of Wind Blown Dust from the Desert Levels of Particulate Matter in Desert Communities. GCA Technology Division, Bedford, MA. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA-450/2-80-078. August 1980.
16. Goldstein, E.A. and Paly M. The Diesel Problem in New York City. Project on the Urban Environment. Natural Resources Defense Council, Inc., New York, NY. April 1985.
17. Koch, R.C. and H.E. Rector. Optimum Network Design and Site Exposure Criteria for Particulate Matter. GEOMET Technologies, Inc., Rockville, MD. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Contract No. 68-02-3584. EPA 450/4-87-009. May 1987.
18. Watson et al. Guidance for Network Design and Optimum Site Exposure for PM
19. National Air Pollutant Emissions Trends, 1900-1995, Office of Air Quality Planning and Standards, U. S. Environmental Protection Agency, Research Triangle Park, NC. EPA-454/R96-007, October 1996, updated annually.
For
At at 60 FR 52323, October 6, 1995, appendix D to part 58 was amended in part by adding Section 2.2. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
1. Introduction
2 Sulfur Dioxide (SO
2.1 Horizontal and Vertical Placement
2.2 Spacing from Minor Sources (Applicable to SO
2.3 Spacing From Obstructions
2.4 Spacing From Trees
2.5 Spacing From Roadways (Applicable to O
2.6 Cumulative Interferences on a Monitoring Path
2.7 Maximum Monitoring Path Length
3 [Reserved]
4. Carbon Monoxide (CO)
4.1 Horizontal and Vertical Placement
4.2 Spacing From Obstructions
4.3 Spacing From Roadways
4.4 Spacing From Trees and Other Considerations
4.5 Cumulative Interferences on a Monitoring Path
4.6 Maximum Monitoring Path Length
5-6 [Reserved]
7. Lead(Pb)
7.1 Vertical Placement
7.2 Spacing From Obstructions
7.3 Spacing From Roadways
7.4 Spacing From Trees and Other Considerations.
8. Particulate Matter (PM
8.1 Vertical Placement
8.2 Spacing From Obstructions
8.3 Spacing From Roadways
8.4 Other Considerations
9. Probe Material and Pollutant Sample Residence Time
10. Photochemical Assessment Monitoring Stations (PAMS)
10.1 Horizontal and Vertical Placement
10.2 Spacing From Obstructions
10.3 Spacing From Roadways
10.4 Spacing From Trees
11. Discussion and Summary
12. Summary
13. References
This appendix contains specific location criteria applicable to ambient air quality monitoring probes and monitoring paths after the general station siting has been selected based on the monitoring objectives and spatial scale of representation discussed in appendix D of this part. Adherence to these siting criteria is necessary to ensure the uniform collection of compatible and comparable air quality data.
The probe and monitoring path siting criteria discussed below must be followed to the maximum extent possible. It is recognized that there may be situations where some deviation from the siting criteria may be necessary. In any such case, the reasons must be thoroughly documented in a written request for a waiver that describes how and why the proposed siting deviates from the criteria. This documentation should help to avoid later questions about the validity of the resulting monitoring data. Conditions under which the EPA would consider an application for waiver from these siting criteria are discussed in section 11 of this appendix.
The spatial scales of representation used in this appendix, i.e., micro, middle, neighborhood, urban, and regional, are defined and discussed in appendix D of this part. The pollutant-specific probe and monitoring path siting criteria generally apply to all spatial scales except where noted otherwise. Specific siting criteria that are phrased with a “must” are defined as requirements and exceptions must be approved through the waiver provisions. However, siting criteria that are phrased with a “should” are defined as goals to meet for consistency but are not requirements.
Open path analyzers may be used to measure SO
2.1 Horizontal and Vertical Placement. The probe or at least 80 percent of the monitoring path must be located between 3 and 15 meters above ground level. The probe or at least 90 percent of the monitoring path must be at least 1 meter vertically or horizontally away from any supporting structure, walls, parapets, penthouses, etc., and away from dusty or dirty areas. If the probe or a significant portion of the monitoring path is located near the side of a building, then it should be located on the windward side of the building relative to the prevailing wind direction during the season of highest concentration potential for the pollutant being measured.
2.2 Spacing from Minor Sources (Applicable to SO
2.3 Spacing From Obstructions. Buildings and other obstacles may possibly scavenge SO
Special consideration must be devoted to the use of open path analyzers due to their inherent potential sensitivity to certain types of interferences, or optical obstructions. While some of these potential interferences are comparable to those to which point monitors are subject, there are additional sources of potential interferences which are altogether different in character. Transient, but significant obscuration of especially longer measurement paths could be expected to occur as a result of certain prevailing meteorological conditions (e.g., heavy fog, rain, snow) and/or aerosol levels that are of a sufficient density to prevent the open path analyzer's light transmission. If certain compensating measures are not otherwise implemented at the onset of monitoring (e.g., shorter path lengths, higher light source intensity), data recovery during periods of greatest primary pollutant potential could be compromised. For instance, if heavy fog or high particulate levels are coincident with periods of projected NAAQS-threatening pollutant potential, the representativeness of the resulting data record in reflecting maximum pollutant concentrations may be substantially impaired despite the fact that the site may otherwise exhibit an acceptable, even exceedingly high overall valid data capture rate.
In seeking EPA approval for inclusion of a site using an open path analyzer into the formal SLAMS/NAMS or PSD network, monitoring agencies must submit an analysis which evaluates both obscuration potential for a proposed path length for the subject area and the effect this potential is projected to have on the representativeness of the data record. This analysis should include one or more of the following elements, as appropriate for the specific circumstance: climatological information, historical pollutant and aerosol information, modeling analysis results, and any related special study results.
2.4 Spacing From Trees. Trees can provide surfaces for SO
2.5 Spacing From Roadways (Applicable to O
2.6 Cumulative Interferences on a Monitoring Path. The cumulative length or portion of a monitoring path that is affected by minor sources, obstructions, trees, or roadways must not exceed 10 percent of the total monitoring path length.
2.7 Maximum Monitoring Path Length. The monitoring path length must not exceed 1 kilometer for analyzers in neighborhood, urban, or regional scale. For middle scale monitoring sites, the monitoring path length must not exceed 300 meters. In areas subject to frequent periods of dust, fog, rain, or snow, consideration should be given to a shortened monitoring path length to minimize loss of monitoring data due to these temporary optical obstructions. For certain ambient air monitoring scenarios using open path analyzers, shorter path lengths may be needed in order to ensure that the monitoring station meets the objectives and spatial scales defined for SLAMS in appendix D. Therefore, the Regional Administrator or the Regional Administrator's designee may require shorter path lengths, as needed on an individual basis, to ensure that the SLAMS meet the appendix D requirements. Likewise, the Administrator or the Administrator's designee may specify the maximum path length used at monitoring stations designated as NAMS or PAMS as needed on an individual basis.
Open path analyzers may be used to measure CO at SLAMS/NAMS sites for middle or neighborhood scale measurement applications. Additional information on CO monitor siting criteria may be found in reference 12.
4.1 Horizontal and Vertical Placement. Because of the importance of measuring population exposure to CO concentrations, air should be sampled at average breathing heights. However, practical factors require that the inlet probe be higher. The required height of the inlet probe for CO monitoring is therefore 3
For the middle and neighborhood scale stations, the vertical concentration gradients are not as great as for the microscale station. This is because the diffusion from roads is greater and the concentrations would represent larger areas than for the microscale. Therefore, the probe or at least 80 percent of the monitoring path must be located between 3 and 15 meters above ground level for middle and neighborhood scale stations. The probe or at least 90 percent of the monitoring path must be at least 1 meter vertically or horizontally away from any supporting structure, walls, parapets, penthouses, etc., and away from dusty or dirty areas. If the probe or a significant portion of the monitoring path is located near the side of a building, then it should be located on the windward side of the building relative to both the prevailing wind direction during the season of highest concentration potential and the location of sources of interest, i.e., roadways.
4.2 Spacing From Obstructions. Buildings and other obstacles may restrict airflow around a probe or monitoring path. To avoid this interference, the probe or at least 90 percent of the monitoring path must have unrestricted airflow and be located away from obstacles so that the distance from the probe or monitoring path is at least twice the height that the obstacle protrudes above the probe or monitoring path. A probe or monitoring path located near or along a vertical wall is undesirable because air moving along the wall may be subject to possible removal mechanisms. A probe must have unrestricted airflow in an arc of at least 270 degrees around the inlet probe, or 180 degrees if the probe is on the side of a building. This arc must include the predominant wind direction for the season of greatest pollutant concentration potential. A monitoring path must be clear of all trees, brush, buildings, plumes, dust, or other optical obstructions, including potential obstructions that may move due to wind, human activity, growth of vegetation, etc. Temporary optical obstructions, such as rain, particles, fog, or snow, should be considered when siting an open path analyzer. Any of these temporary obstructions that are of sufficient density to obscure the light beam will affect the ability of the open path analyzer to continuously measure pollutant concentrations.
Special consideration must be devoted to the use of open path analyzers due to their inherent potential sensitivity to certain types of interferences, or optical obstructions. While some of these potential interferences are comparable to those to which point monitors are subject, there are additional sources of potential interferences which are altogether different in character. Transient, but significant obscuration of especially longer measurement paths could be expected to occur as a result of certain prevailing meteorological conditions (e.g., heavy fog, rain, snow) and/or aerosol levels that are of a sufficient density to prevent the open path analyzer's light transmission. If certain compensating measures are not otherwise implemented at the onset of monitoring (e.g., shorter path lengths, higher light source intensity), data recovery during periods of greatest primary pollutant potential could be compromised. For instance, if heavy fog or high particulate levels are coincident with periods of projected NAAQS-threatening pollutant potential, the representativeness of the resulting data record
In seeking EPA approval for inclusion of a site using an open path analyzer into the formal SLAMS/NAMS or PSD network, monitoring agencies must submit an analysis which evaluates both obscuration potential for a proposed path length for the subject area and the effect this potential is projected to have on the representativeness of the data record. This analysis should include one or more of the following elements, as appropriate for the specific circumstance: climatological information, historical pollutant and aerosol information, modeling analysis results, and any related special study results.
4.3 Spacing From Roadways. Street canyon and traffic corridor stations (microscale) are intended to provide a measurement of the influence of the immediate source on the pollution exposure of the population. In order to provide some reasonable consistency and comparability in the air quality data from microscale stations, a minimum distance of 2 meters and a maximum distance of 10 meters from the edge of the nearest traffic lane must be maintained for these CO monitoring inlet probes. This should give consistency to the data, yet still allow flexibility of finding suitable locations.
Street canyon/corridor (microscale) inlet probes must be located at least 10 meters from an intersection and preferably at a midblock location. Midblock locations are preferable to intersection locations because intersections represent a much smaller portion of downtown space than do the streets between them. Pedestrian exposure is probably also greater in street canyon/corridors than at intersections. Also, the practical difficulty of positioning sampling inlets is less at midblock locations than at the intersection. However, the final siting of the monitor must meet the objectives and intent of appendix D, sections 2.4, 3, 3.3, and appendix E, section 4.
In determining the minimum separation between a neighborhood scale monitoring station and a specific line source, the presumption is made that measurements should not be substantially influenced by any one roadway. Computations were made to determine the separation distance, and table 2 provides the required minimum separation distance between roadways and a probe or 90 percent of a monitoring path. Probes or monitoring paths that are located closer to roads than this criterion allows should not be classified as a neighborhood scale, since the measurements from such a station would closely represent the middle scale. Therefore, stations not meeting this criterion should be classified as middle scale.
4.4 Spacing From Trees and Other Considerations. Since CO is relatively nonreactive, the major factor concerning trees is as obstructions to normal wind flow patterns. For middle and neighborhood scale stations, trees should not be located between the major sources of CO, usually vehicles on a heavily traveled road, and the monitor. The probe or at least 90 percent of the monitoring path must be 10 meters or more from the drip line of trees which are between the probe or the monitoring path and the road and which extend at least 5 meters above the probe or monitoring path. For microscale stations, no trees or shrubs should be located between the probe and the roadway.
4.5 Cumulative Interferences on a Monitoring Path. The cumulative length or portion of a monitoring path that is affected by obstructions, trees, or roadways must not exceed 10 percent of the total monitoring path length.
4.6 Maximum Monitoring Path Length. The monitoring path length must not exceed 1 kilometer for analyzers used for neighborhood scale monitoring applications, or 300 meters for middle scale monitoring applications. In areas subject to frequent periods of dust, fog, rain, or snow, consideration should be given to a shortened monitoring path length to minimize loss of monitoring data due to these temporary optical obstructions. For certain ambient air monitoring scenarios using open path analyzers, shorter path lengths may be needed in order to ensure that the monitoring station meets the objectives and spatial scales defined for SLAMS in appendix D. Therefore, the Regional Administrator or the Regional Administrator's designee may require shorter path lengths, as needed on an individual basis, to ensure that the SLAMS meet the appendix D requirements. Likewise, the Administrator or the Administrator's designee may specify the maximum path length used
7.1
For middle or larger spatial scales, increased diffusion results in vertical concentration gradients which are not as great as for the small scales. Thus, the required height of the air intake for middle or larger scales is 2-15 meters.
7.2 Spacing From Obstructions. The sampler must be located away from obstacles such as buildings, so that the distance between obstacles and the sampler is at least twice the height that the obstacle protrudes above the sampler.
A minimum of 2 meters of separation from walls, parapets, and penthouses is required for rooftop samplers. No furnace or incinerator flues should be nearby. The height and type of flues and the type, quality, and quantity of waste or fuel burned determine the separation distances. For example, if the emissions from the chimney have high lead content and there is a high probability that the plume would impact on the sampler during most of the sampling period, then other buildings/locations in the area that are free from the described sources should be chosen for the monitoring site.
There must be unrestricted airflow in an arc of at least 270° around the sampler.
7.3.
7.4.
8.1 Vertical Placement. Although there are limited studies on the PM
For middle or larger spatial scales, increased diffusion results in vertical concentration gradients that are not as great as for the microscale. Thus, the required height of the air intake for middle or larger scales is 2-15 meters.
8.2 Spacing From Obstructions. If the sampler is located on a roof or other structure, then there must be a minimum of 2 meters separation from walls, parapets, penthouses, etc. No furnace or incineration flues should be nearby. This separation distance from flues is dependent on the height of the flues, type of waste or fuel burned, and quality of the fuel (ash content). In the case of emissions from a chimney resulting from natural gas combustion, as a precautionary measure, the sampler should be placed at least 5 meters from the chimney.
On the other hand, if fuel oil, coal, or solid waste is burned and the stack is sufficiently short so that the plume could reasonably be expected to impact on the sampler intake a significant part of the time, other buildings/locations in the area that are free from these types of sources should be considered for sampling. Trees provide surfaces for particulate desposition and also restrict airflow. Therefore, the sampler should be placed at least 20 meters from the dripline and must be 10 meters from the dripline when the tree(s) acts as an obstruction.
The sampler must also be located away from obstacles such as buildings, so that the distance between obstacles and the sampler is at least twice the height that the obstacle protrudes above the sampler except for street canyon sites. Sampling stations that are located closer to obstacles than this criterion allows should not be classified as neighborhood, urban, or regional scale, since the measurements from such a station would closely represent middle scale stations. Therefore, stations not meeting the criterion should be classified as middle scale.
There must be unrestricted airflow in an arc of at least 270° around the sampler except for street canyon sites. Since the intent of the category (a) site is to measure the maximum concentrations from a road or point source, there must be no significant obstruction between a road or point source and the monitor, even though other spacing from obstruction criteria are met. The predominant direction for the season with the greatest pollutant concentration potential must be included in the 270° arc.
8.3 Spacing From Roads. Since emissions associated with the operation of motor vehicles contribute to urban area particulate matter ambient levels, spacing from roadway criteria are necessary for ensuring national consistency in PM sampler siting.
The intent is to locate category (a) NAMS sites in areas of highest concentrations whether it be from mobile or multiple stationary sources. If the area is primarily affected by mobile sources and the maximum concentration area(s) is judged to be a traffic corridor or street canyon location, then the monitors should be located near roadways with the highest traffic volume and at separation distances most likely to produce the highest concentrations. For the microscale traffic corridor station, the location must be between 5 and 15 meters from the major roadway. For the microscale street canyon site the location must be between 2 and 10 meters from the roadway. For the middle scale station, a range of acceptable distances from the roadway is shown in Figure 2. This figure also includes separation distances between a roadway and neighborhood or larger scale stations by default. Any station, 2 to 15 meters high, and further back than the middle scale requirements will generally be neighborhood, urban or regional scale. For example, according to Figure 2, if a PM sampler is primarily influenced by roadway emissions and that sampler is set back 10 meters from a 30,000 ADT road, the station should be classified as a micro scale, if the sampler height is between 2 and 7 meters. If the sampler height is between 7 and 15 meters, the station should be classified as middle scale. If the sample is 20 meters from the same road, it will be classified as middle scale; if 40 meters, neighborhood scale; and if 110 meters, an urban scale.
It is important to note that the separation distances shown in Figure 2 are measured from the edge of the nearest traffic lane of the roadway presumed to have the most influence on the site. In general, this presumption is an oversimplification of the usual urban settings which normally have several streets that impact a given site. The effects
8.4 Other Considerations. For those areas that are primarily influenced by stationary source emissions as opposed to roadway emissions, guidance in locating these areas may be found in the guideline document Optimum Network Design and Site Exposure Criteria for Particulate Matter.
Stations should not be located in an unpaved area unless there is vegetative ground cover year round, so that the impact of wind blown dusts will be kept to a minimum.
For the reactive gases, SO
For VOC monitoring at those SLAMS designated as PAMS, FEP teflon is unacceptable as the probe material because of VOC adsorption and desorption reactions on the FEP teflon. Borosilicate glass, stainless steel, or its equivalent are the acceptable probe materials for VOC and carbonyl sampling. Care must be taken to ensure that the sample residence time is 20 seconds or less.
No matter how nonreactive the sampling probe material is initially, after a period of use reactive particulate matter is deposited on the probe walls. Therefore, the time it takes the gas to transfer from the probe inlet to the sampling device is also critical. Ozone in the presence of NO will show significant losses even in the most inert probe material when the residence time exceeds 20 seconds.
10.
10.1 Horizontal and Vertical Placement. The probe or at least 80 percent of the monitoring path must be located 3 to 15 meters above ground level. This range provides a practical compromise for finding suitable sites for the multipollutant PAMS. The probe or at least 90 percent of the monitoring path must be at least 1 meter vertically or horizontally away from any supporting structure, walls, parapets, penthouses, etc., and away from dusty or dirty areas.
10.2 Spacing From Obstructions. The probe or at least 90 percent of the monitoring path must be located away from obstacles and buildings such that the distance between the obstacles and the probe or the monitoring path is at least twice the height that the obstacle protrudes above the probe or monitoring path. There must be unrestricted airflow in an arc of at least 270° around the probe inlet. Additionally, the predominant wind direction for the period of greatest pollutant concentration (as described for each site in section 4.2 of appendix D) must be included in the 270° arc. If the probe is located on the side of the building, 180° clearance is required. A monitoring path must be clear of all trees, brush, buildings, plumes, dust, or other optical obstructions, including potential obstructions that may move due to wind, human activity, growth of vegetation, etc. Temporary optical obstructions, such as rain, particles, fog, or snow, should be considered when siting an open path analyzer. Any of these temporary obstructions that are of sufficient density to obscure the light beam will affect the ability of the open path analyzer to continuously measure pollutant concentrations.
Special consideration must be devoted to the use of open path analyzers due to their inherent potential sensitivity to certain types of interferences, or optical obstructions. While some of these potential interferences are comparable to those to which point monitors are subject, there are additional sources of potential interferences which are altogether different in character. Transient, but significant obscuration of especially longer measurement paths could be expected to occur as a result of certain prevailing meteorological conditions (e.g., heavy fog, rain, snow) and/or aerosol levels that are of a sufficient density to prevent the open path analyzer's light transmission. If certain compensating measures are not otherwise implemented at the onset of monitoring (e.g., shorter path lengths, higher light source intensity), data recovery during periods of greatest primary pollutant potential could be compromised. For instance, if heavy fog or high particulate levels are coincident with periods of projected NAAQS-threatening pollutant potential, the representativeness of the resulting data record
In seeking EPA approval for inclusion of a site using an open path analyzer into the formal SLAMS/NAMS or PSD network, monitoring agencies must submit an analysis which evaluates both obscuration potential for a proposed path length for the subject area and the effect this potential is projected to have on the representativeness of the data record. This analysis should include one or more of the following elements, as appropriate for the specific circumstance: climatological information, historical pollutant and aerosol information, modeling analysis results, and any related special study results.
10.3 Spacing From Roadways. It is important in the probe and monitoring path siting process to minimize destructive interferences from sources of NO since NO readily reacts with O
10.4 Spacing From Trees. Trees can provide surfaces for adsorption and/or reactions to occur and can obstruct normal wind flow patterns. To minimize these effects at PAMS, the probe or at least 90 percent of the monitoring path should be placed at least 20 meters from the drip line of trees. Since the scavenging effect of trees is greater for O
It is believed that most sampling probes or monitors can be located so that they meet the requirements of this appendix. New stations with rare exceptions, can be located within the limits of this appendix. However, some existing stations may not meet these requirements and yet still produce useful data for some purposes. EPA will consider a written request from the State Agency to waive one or more siting criteria for some monitoring stations providing that the State can adequately demonstrate the need (purpose) for monitoring or establishing a monitoring station at that location. For establishing a new station. a waiver may be granted only if both of the following criteria are met:
The site can be demonstrated to be as representative of the monitoring area as it would be if the siting criteria were being met.
The monitor or probe cannot reasonably be located so as to meet the siting criteria because of physical constraints (e.g., inability to locate the required type of station the necessary distance from roadways or obstructions).
However, for an existing station, a waiver may be granted if either of the above criteria are met.
Cost benefits, historical trends, and other factors may be used to add support to the above, however, they in themselves, will not be acceptable reasons for granting a waiver. Written requests for waivers must be submitted to the Regional Administrator. For those SLAMS also designated as NAMS, the request will be forwarded to the Administrator. For those SLAMS also designated as NAMS or PAMS, the request will be forwarded to the Administrator.
Table 5 presents a summary of the general requirements for probe and monitoring path siting criteria with respect to distances and heights. It is apparent from table 5 that different elevation distances above the ground are shown for the various pollutants. The discussion in the text for each of the pollutants described reasons for elevating the monitor, probe, or monitoring path. The differences in the specified range of heights are based on the vertical concentration gradients. For CO, the gradients in the vertical direction are very large for the microscale, so a small range of heights has been used. The upper limit of 15 meters was specified for consistency between pollutants and to allow the use of a single manifold or monitoring path for monitoring more than one pollutant.
1. Bryan, R.J., R.J. Gordon, and H. Menck. Comparison of High Volume Air Filter Samples at Varying Distances from Los Angeles Freeway. University of Southern California, School of Medicine, Los Angeles, CA. (Presented at 66th Annual Meeting of Air Pollution Control Association. Chicago, IL., June 24-28, 1973. APCA 73-158.)
2. Teer, E.H. Atmospheric Lead Concentration Above an Urban Street. Master of Science Thesis, Washington University, St. Louis, MO. January 1971.
3. Bradway, R.M., F.A. Record, and W.E. Belanger. Monitoring and Modeling of Resuspended Roadway Dust Near Urban Arterials. GCA Technology Division, Bedford, MA. (Presented at 1978 Annual Meeting of Transportation Research Board, Washington, DC. January 1978.)
4. Pace, T.G., W.P. Freas, and E.M. Afify. Quantification of Relationship Between Monitor Height and Measured Particulate Levels in Seven U.S. Urban Areas. U.S. Environmental Protection Agency, Research Triangle Park, NC. (Presented at 70th Annual Meeting of Air Pollution Control Association, Toronto, Canada, June 20-24, 1977. APCA 77-13.4.)
5. Harrison, P.R. Considerations for Siting Air Quality Monitors in Urban Areas. City of Chicago, Department of Environmental Control, Chicago, IL. (Presented at 66th Annual Meeting of Air Pollution Control Association, Chicago, IL., June 24-28, 1973. APCA 73-161.)
6. Study of Suspended Particulate Measurements at Varying Heights Above Ground.
7. Rodes, C.E. and G.F. Evans. Summary of LACS Integrated Pollutant Data. In: Los Angeles Catalyst Study Symposium. U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Publication No. EPA-600/4-77-034. June 1977.
8. Lynn, D.A.
9. Pace, T.G. Impact of Vehicle-Related Particulates on TSP Concentrations and Rationale for Siting Hi-Vols in the Vicinity of Roadways. OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, NC. April 1978.
10. Ludwig, F.L., J.H. Kealoha, and E. Shelar. Selecting Sites for Monitoring Total Suspended Particulates. Stanford Research Institute, Menlo Park, CA. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Publication No. EPA-450/3-77-018. June 1977, revised December 1977.
11. Ball, R.J. and G.E. Anderson. Optimum Site Exposure Criteria for SO
12. Ludwig, F.L. and J.H.S. Kealoha. Selecting Sites for Carbon Monoxide Monitoring. Stanford Research Institute, Menlo Park, CA. Prepared for U.S. Environmental Protection Agency, Research Park, NC. EPA Publication No. EPA-450/3-75-077. September 1975.
13. Ludwig, F.L. and E. Shelar. Site Selection for the Monitoring of Photochemical Air Pollutants. Stanford Research Institute, Menlo Park, CA. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Publication No. EPA-450/3-78-013. April 1978.
14. Lead Analysis for Kansas City and Cincinnati, PEDCo Environmental, Inc., Cincinnati, OH. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Contract No. 66-02-2515, June 1977.
15. Barltrap, D. and C. D. Strelow. Westway Nursery Testing Project. Report to the Greater London Council. August 1976.
16. Daines, R. H., H. Moto, and D. M. Chilko. Atmospheric Lead: Its Relationship to Traffic Volume and Proximity to Highways. Environ. Sci. and Technol., 4:318, 1970.
17. Johnson, D. E.,
18. Air Quality Criteria for Lead. Office of Research and Development, U.S. Environmental Protection Agency, Washington, DC EPA-600/8-83-028 aF-dF, 1986, and supplements EPA-600/8-89/049F, August 1990. (NTIS document numbers PB87-142378 and PB91-138420.)
19. Lyman, D. R. The Atmospheric Diffusion of Carbon Monoxide and Lead from an Expressway, Ph.D. Dissertation, University of Cincinnati, Cincinnati, OH. 1972.
20. Wechter, S.G. Preparation of Stable Pollutant Gas Standards Using Treated Aluminum Cylinders. ASTM STP. 598:40-54, 1976.
21. Wohlers, H.C., H. Newstein and D. Daunis. Carbon Monoxide and Sulfur Dioxide Adsorption On and Description From Glass, Plastic and Metal Tubings. J. Air Poll. Con. Assoc. 17:753, 1976.
22. Elfers, L.A. Field Operating Guide for Automated Air Monitoring Equipment. U.S. NTIS. p. 202, 249, 1971.
23. Hughes, E.E. Development of Standard Reference Material for Air Quality Measurement. ISA Transactions, 14:281-291, 1975.
24. Altshuller, A.D. and A.G. Wartburg. The Interaction of Ozone with Plastic and Metallic Materials in a Dynamic Flow System. Intern. Jour. Air and Water Poll., 4:70-78, 1961.
25. CFR Title 40 part 53.22, July 1976.
26. Butcher, S.S. and R.E. Ruff. Effect of Inlet Residence Time on Analysis of Atmospheric Nitrogen Oxides and Ozone, Anal. Chem., 43:1890, 1971.
27. Slowik, A.A. and E.B. Sansone. Diffusion Losses of Sulfur Dioxide in Sampling Manifolds. J. Air. Poll. Con. Assoc., 24:245, 1974.
28. Yamada, V.M. and R.J. Charlson. Proper Sizing of the Sampling Inlet Line for a Continuous Air Monitoring Station. Environ. Sci. and Technol., 3:483, 1969.
29. Koch, R.C. and H.E. Rector. Optimum Network Design and Site Exposure Criteria for Particulate Matter, GEOMET Technologies, Inc., Rockville, MD. Prepared for U.S. Environmental Protection Agency, Research Triangle Park, NC. EPA Contract No. 68-02-3584. EPA 450/4-87-009. May 1987.
30. Burton, R.M. and J.C. Suggs. Philadelphia Roadway Study. Environmental Monitoring Systems Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, N.C. EPA-600/4-84-070 September 1984.
31. Technical Assistance Document For Sampling and Analysis of Ozone Precursors. Atmospheric Research and Exposure Assessment Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. EPA 600/8-91-215. October 1991.
32. Quality Assurance Handbook for Air Pollution Measurement Systems: Volume IV. Meteorological Measurements. Atmospheric
33. On-Site Meteorological Program Guidance for Regulatory Modeling Applications. Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. EPA 450/4-87-013. June 1987.
1. General
2. Required Information
2.1 Sulfur Dioxide (SO
2.1.1 Site and Monitoring Information
2.1.2 Annual Summary Statistics
2.2 Total Suspended Particulates (TSP)
2.2.1 Site and Monitoring Information
2.2.2 Annual Summary Statistics
2.2.3 Episode and Other Unscheduled Sampling Data
2.3 Carbon Monoxide (CO)
2.3.1 Site and Monitoring Information
2.3.2 Annual Summary Statistics
2.4 Nitrogen Dioxide (NO
2.4.1 Site and Monitoring Information
2.4.2 Annual Summary Statistics
2.5 Ozone(O
2.5.1 Site and Monitoring Information
2.5.2 Annual Summary Statistics
2.6 Lead (Pb)
2.6.1 Site and Monitoring Information
2.6.2 Annual Summary Statistics
2.7 Particulate Matter (PM
2.7.1 Site and Monitoring Information
2.7.2 Annual Summary Statistics
2.7.3 Annual Summary Statistics
2.7.4 Episode and Other Unscheduled Sampling Data
This appendix describes information to be compiled and submitted annually to EPA for each ambient monitoring station in the SLAMS Network in accordance with § 58.26. The annual summary statistics that are described in section 2 below shall be construed as only the minimum necessary statistics needed by EPA to overview national air quality status. They will be used by EPA to convey information to a variety of interested parties including environmental groups, Federal agencies, the Congress, and private citizens upon request. As the need arises, EPA may issue modifications to these minimum requirements to reflect changes in EPA policy concerning the National Ambient Air Quality Standards (NAAQS).
As indicated in § 58.26(c), the contents of the SLAMS annual report shall be certified by the senior air pollution control officer in the State to be accurate to the best of his knowledge. In addition, the manner in which the data were collected must be certified to have conformed to the applicable quality assurance, air monitoring methodology, and probe siting criteria given in appendices A, C, and E to this part. A certified statement to this effect must be included with the annual report. As required by § 58.26(a), the report must be submitted by July 1 of each year for data collected during the period January 1 to December 31 of the previous year.
EPA recognizes that most air pollution control agencies routinely publish air quality statistical summaries and interpretive reports. EPA encourages State and local agencies to continue publication of such reports and recommends that they be expanded, where appropriate, to include analysis of air quality trends, population exposure, and pollutant distributions. At their discretion, State and local agencies may wish to integrate the SLAMS report into routine agency publications.
This paragraph describes air quality monitoring information and summary statistics which must be included in the SLAMS annual report. The required information is itemized below by pollutant. Throughout this appendix, the time of occurrence refers to the ending hour. For example, the ending hour of an 8-hour CO average from 12:01 a.m. to 8:00 a.m. would be 8:00 a.m.
For the purposes of range assignments the following rounding convention will be used. The air quality concentration should be rounded to the number of significant digits used in specifying the concentration intervals. The digit to the right of the last significant digit determines the rounding process. If this digit is greater than or equal to 5, the last significant digit is rounded up. The insignificant digits are truncated. For example, 100.5 ug/m
2.1 Sulfur Dioxide (SO
2.1.1 Site and Monitoring Information. City name (when applicable), county name and street address of site location. AIRS-AQS site code. AIRS-AQS monitoring method code. Number of hourly observations. (
2.1.2 Annual Summary Statistics. Annual arithmetic mean (ppm). Highest and second highest 24-hour averages (
2.2 Total Suspended Particulates (TSP)
2.2.1 Site and Monitoring Information. City name (when applicable), county name and street address of site location. AIRS-AQS site code. Number of daily observations.
2.2.2 Annual Summary Statistics. Annual arithmetic mean (μg/m
2.2.3 Episode and Other Unscheduled Sampling Data. List episode measurements, other unscheduled sampling data, and dates of occurrence. List the regularly scheduled sample measurements and date of occurrence that preceded the episode or unscheduled measurement.
2.3 Carbon Monoxide (CO)
2.3.1 Site and Monitoring Information. City name (when applicable), county name and street address of site location. AIRS-AQS site code. AIRS-AQS monitoring method code. Number of hourly observations.
2.3.2 Annual Summary Statistics. Highest and second highest 1-hour values (ppm) and date and time of occurrence. Highest and second highest 8-hour averages (
2.4 Nitrogen Dioxide (NO
2.4.1 Site and Monitoring Information. City name (when applicable), county name, and street address of site location. AIRS-AQS site code. AIRS-AQS monitoring method code. Number of hourly observations. (
2.4.2 Annual Summary Statistics. Annual arithmetic mean (ppm). Highest and second highest hourly averages (
2.5 Ozone (O
2.5.1 Site and Monitoring Information. City name (when applicable), county name and street address of site location. AIRS-AQS site code. AIRS-AQS monitoring method code. Number of hourly observations.
2.5.2 Annual Summary Statistics. Four highest daily maximum hour values (ppm) and their dates and time of occurrence. Number of exceedances of the daily maximum 1-hour primary NAAQS. Number of daily maximum hour concentrations in ranges:
2.6 Lead (Pb).
2.6.1 Site and Monitoring Information. City name (when applicable), county name, and street address of site location, AIRS-AQS site code. AIRS-AQS monitoring method code. Sampling interval of submitted data, e.g., twenty-four hour or quarterly composites.
2.6.2 Annual Summary Statistics. The four quarterly arithmetic averages given to two decimal places for the year together with the
2.7 Particulate Matter (PM
2.7.1 Site and Monitoring Information. City name (when applicable), county name, and street address of site location. AIRS-AQS site code. Number of daily observations.
2.7.2 Annual Summary Statistics. Annual arithmetic mean (μg/m
2.7.3 Annual Summary Statistics. Annual arithmetic mean (μg/m
2.7.4 Episode and Other Unscheduled Sampling Data. List episode measurements, other unscheduled sampling data, and dates of occurrence. List the regularly scheduled sample measurements and date of occurrence that preceded the episode or unscheduled measurement.
1. Continuous methods only.
2. Manual or intermittent methods only.
3. Based on nonoverlapping values computed according to procedures described in reference (1) or on individual intermittent measurements.
4. Based on overlapping running averages for continuous measurements as described in reference (1) or on individual measurement for intermittent methods.
1. “Guidelines for the Interpretation of Air Quality Standards” U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. OAQPS No. 1.2-008, February, 1977.
1. General
2. Definitions
3. Monitoring data
4. Geographic applicability
5. Daily index report
6. Prominent public notice
7. Uniform air quality index
7.1 Uniform index computation
7.2 Example computation
8. Exceptions
9. Reporting agency recordkeeping
10. Basis for PSI
11. Additional information
12. References
1.
a. The uniform air quality required for the daily reporting of air quality is a modified form of the Pollutant Standards Index (PSI).
b.
c.
d.
e.
f.
g.
The monitoring data used to prepare the daily index report must be based on data obtained from the SLAMS network (or portions thereof) required under 40 CFR 58.20. Air quality measurements need not be made on reporting days for which the agency does not ordinarily schedule monitoring to occur. For example, PM
Data used to calculate the daily index (and respective subindices) should come from the most recent sampling period. The index should be based on data obtained during the 24-hour period for which the index is reported. No monitoring data are to be used for index calculations for which the end of the sampling period precedes the reporting day by more than 24-hours. To the extent practicable, agencies should forecast the index using whatever procedures are most accurate and reasonable through consideration of local meteorological and topographical conditions and the availability of data and forecasting expertise.
Generally, the area contained within the geographic boundaries of the urban area is sufficient for purposes of calculating and reporting the index. The exception occurs in cases where a significant air quality problem exists (PSI greater than 100) in highly populated areas adjacent to, but outside of, the urban area. For example, ozone concentrations are often highest downwind and outside the urban area.
Agencies should report a separate air quality index for each subregion of the urban area which is likely to have air quality significantly different from other portions of the urban area if such data are readily available. At a minimum, the subregion subject to the highest index values shall be included in the index computation. This subregion shall be selected by the reporting agency after past air quality has been reviewed to determine which monitoring stations typically record the highest pollutant concentrations.
The daily index report must be based on the uniform air quality index described in section 7 and contain the following information: (1) The reporting area(s); (2) the reporting period; (3) the critical pollutant; (4) the subindex corresponding to the critical pollutant; and (5) the descriptor word according to the following system:
Reporting agencies should, at their discretion, report additional information such as the following: (1) Pollutants other than the critical pollutants and their individual subindices; (2) subindices and respective pollutant names for each of a number of distinct reporting areas within the urban area; (3) actual pollutant concentration values; and (4) causes for unusual PSI readings, such as high background air quality levels and other natural phenomena.
The reporting agency shall make prominent public notice of the daily index report on at least 5 days per week. Prominent public notification consists of at a minimum: (1) Furnishing the daily report to one or more of the appropriate news media (radio, television, newspapers); and (2) making the daily index report publicly available at one or more places of public access. Index reports also may be disseminated by means of recorded messages.
The uniform index is based on the pollutants standards index (PSI) structure (see section 10), which includes the five pollutants for which primary National Ambient Air Quality Standards (NAAQS) have been established. These pollutants are: Particulate matter (PM
The breakpoint used in defining each of the five pollutant subindices are listed in gravimetric units (Table 1) and in volumetric units (Table 2). The individual computational scheme is defined below for calculating the pollutant subindex values.
7.1 Uniform Index Computation. Each subindex i, is calculated by using a segmented linear function (Figures 1-6) that relates pollutant concentration, X
7.2
PSI = max(167,0,0,20,30) = 167
A typical report might contain the following statement: “Today's air quality index is 161 which is regarded as unhealthful. The responsible pollutant is particulate matter. This report represents conditions prevailing over most of the downtown urban area for the previous 24-hour period ending at noon today.” If the index were forecast for the next day, the following additional language might also be used: “The current forecast is for improved air quality tomorrow with the index not expected to exceed 80.”
In many urban areas, a given air pollutant may exhibit low concentrations repetitively. At the discretion of the reporting agency, pollutants for which PSI values are consistently below 50 for an extended period (for example, a season or year) may be excluded in calculations of the daily index. Also, in situations where the PSI value has not exceeded 50, as calculated by the critical pollutant, for the previous calendar year, the requirement to measure and report the PSI will be left up to the discretion of the reporting agency.
Because the index is for the purpose of achieving national uniformity of daily air quality reports, the following variations are
a. Exlusion of pollutants described in section 7 from index calculations except as permitted above.
b. Incorporation of pollutants and/or pollutant combinations into the index not described in section 7.
c. Use of breakpoints other than those given in table 1 or 2.
d. Use of descriptor words other than those given in section 5.
The reporting agency shall keep annual records of the frequency with which reporting index values occur in each of the index descriptor categories. These records must also indicate the pollutant monitors in the SLAMS network being used for purposes of calculating the index for each reporting area. Such records must be made available for inspection at the request of the Administrator.
The development and evaluation of the PSI index structure have been documented extensively. (2-12) The index was created as a result of a joint EPA/CEQ study (2) which identified problems resulting from the diversity of indices used in the United States and Canada. This report proposed design principles that could be used to develop a nationally uniform index to meet the needs of State and local agencies. The design principles on which PSI is based, along with previous versions of the index, have been presented in various scientific reports, (3, 4) articles in technical journals, (4, 5, 11) and at various scientific meetings and conferences. (7-10) Most recently, the history of the development of PSI along with its scientific rationale, has been summarized in a book. (6) In September 1976, PSI was published in the
A variety of computational techniques have been developed to assist the user in calculating PSI in an accurate, convenient and rapid manner. (6) The primary techniques available are graphs (linear and logarithmic), nomograms, tables, and computer approaches. An EPA report (14) describes each technique, lists its advantages and disadvantages, includes examples of the methods, and provides nomograms and tables in both gravimetric and volumetric units. The nomograms are considered to be the most efficient way of competing the index and should be of greatest assistance to State and local agencies. Computer approaches for calculating PSI also are available. (15) These approaches lend themselves to applications with programmable hand calculators, mini-computers, or large-scale digital computers. A general computer program, Index Plot, used in an earlier evaluation of PSI, (11) is available from EPA and is fully documented. (15) This computer program is useful for analyzing air quality data by means of PSI over relatively long periods (a month, a season, or a year). It plots the time series of daily index values on the line printer, generates and plots a histogram and cumulative frequencies of PSI values, computes summary data by subindex and descriptor category, computes overall statistics for PSI, and inventories all missing values in the data set. Agencies can use this program to translate all historical data collected at any station into the corresponding PSI values, and, thus, retain for recordkeeping purposes a uniform retrospective record of air quality. (11, 15) Requests for these reports should be addressed to the Environmental Protection Agency, Library, MD-35, Research Triangle Park, NC 27711.
Additional information on descriptive language to report with the index is provided in an earlier report (1) and in the air quality criteria documents published for each air pollutant. (16-20) Additional information on meteorological forecasting services from the National Weather Service also is available in the literature. (21, 22)
Additional information on the health effects of each air pollutant used in PSI is available in a brochure entitled, “Measuring Air Quality: The New Pollutant Standards Index,” Printing Management Office (PM-215), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460.
1. “Guideline for Public Reporting of Daily Air Quality-Pollutant Standards Index (PSI), ” U.S. Environmental Protection Agency Office of Air Quality Planning and Standards, Research Triangle Park, NC OAQPS No. 1.2-044, August 1976.
2. Thom, Gary C., and Wayne R. Ott.,
3. “A Recommended Air Pollution Index,” report prepared by the Federal Interagency Task Force on Air Quality Indicators, Council on Environmental Quality, Environmental Protection Agency, and Department of Commerce, September 1976.
4. Thom, Gary C., and Wayne R. Ott., “A Proposed Uniform Air Pollution Index,”
5. Ott, Wayne R., and Gary C. Thom, “A Critical Review of Air Pollution Index Systems in the United States and Canada,”
6. Ott, Wayne R.,
7. Hunt, William F., William M. Cox, Wayne R. Ott, and Gary C. Thom. “A Common Air Quality Reporting Format: Precursor to an Air Quality Index,”
8. Ott, Wayne R., and Gary C. Thom, “Air Pollution Indices in the United States and Canada—the Present Picture,” presented at the 171st National Meeting of the American Chemical Society, New York, NY, April 7, 1976.
9. Thom, Gary C., Wayne R. Ott, William F. Hunt, and John B. Moran “A Recommended Standard Air Pollution Index,” presented at the 171st National Meeting of the American Chemical Society, New York, NY, April 7, 1976.
10. Hunt, William F., Raymond Smith, Wayne R. Ott, and Wilson B. Riggan, “The Pollutant Standards Index (PSI)—An Early Warning System for Air Pollution,” presented at the 8th International Scientific Meeting of the International Epidemiological Association, Las Croabas, PR, September 18-23, 1977.
11. Ott, Wayne R., and William F. Hunt, “A Quantitative Evaluation of the Daily Air Pollution Index Proposed by the U.S. Environmental Protection Agency,”
12. Hunt, William F., and Wayne R. Ott, Pollutant Standards Index (PSI) Evaluation Study, Joint Office of Air and Waste Management and Research and Development Report, U.S. Environmental Protection Agency, Research Triangle Park, NC, April 1976.
13.
14. Wallace, Lance A., and Wayne R. Ott, “Rapid Techniques for Calculating the Pollutant Standards Index (PSI),” U.S. Environmental Protection Agency, Washington, DC Report No. EPA-600/4-78-002, March 1978.
15. Ott, Wayne R., “A FORTRAN Program for Computing the Pollutant Standards Index (PSI),” U.S. Environmental Protection Agency, Washington, DC, Report No. EPA-600/4-78-001, May 1978.
16. “Air Quality Criteria for Particulate Matter,” USDEHEW, PHS, CPEHS, NAPCA, Washington, DC, January 1969, No. AP-49.
17. “Air Quality Criteria for Sulfur Oxides,” USDHEW, PHS, CPEHS, NAPCA, Washington, DC, January 1969, No. AP-50.
18. “Air Quality Criteria for Carbon Monoxide,” USDHEW, PHS, CPEHS, Washington, DC, March 1970, No. AP-42.
19. “Air Quality Criteria for Photochemical Oxidants,” USDHEW, PHS, CPEHS, Washington, DC, March 1970, No. AP-63.
20. “Air Quality Criteria for Nitrogen Dioxide,” EPA, APCO, Washington, DC, January 1971, No. AP-84.
21.
22.
42 U.S.C. 7511b(e).
(a) The provisions of this subpart apply to automobile refinish coatings and coating components manufactured on or after January 11, 1999 for sale or distribution in the United States.
(b) Regulated entities are manufacturers and importers of automobile refinish coatings or coating components that sell or distribute these coatings or coating components in the United States.
(c) The provisions of this subpart do not apply to automobile refinish coatings or coating components meeting the criteria in paragraphs (c)(1) through (c)(6) of this section.
(1) Coatings or coating components that are manufactured (in or outside the United States) exclusively for sale outside the United States.
(2) Coatings or coating components that are manufactured (in or outside the United States) before January 11, 1999.
(3) Coatings or coating components that are manufactured (in or outside the United States) for use by original equipment manufacturers.
(4) Coatings that are sold in nonrefillable aerosol containers.
(5) Lacquer topcoats or their components.
(6) Touch-up coatings.
(a) Except as provided in § 59.106 of this subpart, any coating resulting from the mixing instructions of a regulated entity must meet the VOC content limit given in table 1 of this subpart. VOC content is determined according to § 59.104(a).
(b) Different combinations or mixing ratios of coating components constitute different coatings. For example, coating components may be mixed one way to make a primer, and mixed another way to make a primer sealer. Each of these coatings must meet its corresponding VOC content limit in table 1 of this subpart. If the same combination and mixing ratio of coating components is recommended by a regulated entity for use in more than one category in table 1 of this subpart, then the most restrictive VOC content limit shall apply.
Each regulated entity subject to this subpart must clearly display on each automobile refinish coating or coating component container or package, the day, month, and year on which the product was manufactured, or a code indicating such date.
(a) For the purpose of determining compliance with the VOC content limits in § 59.102(a) of this subpart, each regulated entity shall determine the VOC content of a coating using the procedures described in paragraph (a)(1) or (a)(2) of this section, as appropriate.
(1) Determine the VOC content in grams of VOC per liter of coating prepared for application according to its mixing instructions, excluding the volume of any water or exempt compounds. VOC content shall be calculated using the following equation:
(2) The VOC content of a multi-stage topcoat shall be calculated using the following equation:
(b) To determine the composition of a coating in order to perform the calculations in paragraph (a) of this section, the reference method for VOC content is Method 24 of appendix A of 40 CFR part 60, except as provided in paragraph (f) of this section. To determine the VOC content of a coating, the regulated entity may use Method 24 of appendix A of 40 CFR part 60, an alternative method as provided in paragraph (f) of this section, or any other reasonable means for predicting that the coating has been formulated as intended (e.g., quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 test results will govern. The Administrator may require the regulated to conduct a Method 24 analysis.
(c) If a regulated entity recommends that its coating component(s) be combined with coating components of another regulated entity, and if the coating resulting from such a combination does not comply with the VOC content limit in § 59.102 (a) of this subpart, then the former regulated entity is out of compliance, unless the entity submits Method 24 data to the Administrator demonstrating that its recommended combination of coating components meets the VOC content limit in § 59.102(a). If the latter regulated entity does not make the recommendation of such use of the coating components, then that entity is not out of compliance for purposes of that resulting coating.
(d) Pretreatment wash primers: Except as provided in paragraph (f) of this section, the acid weight percent of pretreatment wash primers must be determined using the American Society for Testing and Materials Test Method D 1613-96 (incorporated by reference in § 59.110). If the pigment in a pretreatment wash primer prevents the use of this test method for determining the acid weight percent of the coating, then the test method shall be used for the nonpigmented component of the coating, and the acid weight percent shall be calculated based on the acid content of the nonpigmented component and the mixing ratio of the nonpigmented component to the remaining components recommended by the regulated entity.
(e) Low-gloss coatings: Except as provided in paragraph (f) of this section, the gloss reading of low-gloss coatings must be determined using the American Society for Testing and Materials Test Method D 523-89 (incorporated by reference in § 59.110).
(f) The Administrator may approve, on a case-by-case basis, a regulated entity's use of an alternative method in lieu of Method 24 for determining the VOC content of coatings if the alternative method is demonstrated to the Administrator's satisfaction to provide results that are acceptable for purposes of determining compliance with this subpart.
(g) The Administrator may determine a regulated entity's compliance with the provisions of this subpart based on information required by this subpart or any other information available to the Administrator.
(a) Each regulated entity must submit an initial report no later than January 11, 1999 or within 180 days of the date that the regulated entity first manufactures or imports automobile refinish coatings or coating components, whichever is later. The initial report must include the information in paragraphs (a)(1) through (a)(4) of this section.
(1) The name and mailing address of the regulated entity.
(2) An explanation of each date code, if such codes are used to represent the date of manufacture, as provided in § 59.103.
(3) The street address of each of the regulated entity's facilities in the United States that is producing, packaging, or importing automobile refinish coatings or coating components subject to the provisions of this subpart.
(4) A list of the categories from table 1 of this subpart for which the regulated entity recommends the use of automobile refinish coatings or coating components.
(b) Each regulated entity must submit an explanation of any new date codes used by the regulated entity no later than 30 days after products bearing the new date code are first introduced into commerce.
(a) Any regulated entity that cannot comply with the requirements of this subpart because of circumstances beyond its reasonable control may apply in writing to the Administrator for a temporary variance. The variance application must include the information specified in paragraphs (a)(1) through (a)(3).
(1) The specific grounds upon which the variance is sought.
(2) The proposed date(s) by which the regulated entity will achieve compliance with the provisions of this subpart. This date must be no later than 5 years after the issuance of a variance.
(3) A compliance plan detailing the method(s) by which the regulated entity will achieve compliance with the provisions of this subpart.
(b) Upon receipt of a variance application containing the information required in paragraph (a) of this section, the Administrator will publish a notice of such application in the
(c) The Administrator will issue a variance if the criteria specified in paragraphs (c)(1) and (c)(2) are met to the satisfaction of the Administrator.
(1) If complying with the provisions of this subpart would not be technologically or economically feasible, and
(2) The compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.
(d) Any variance will specify dates by which the regulated entity will achieve increments of progress towards compliance, and will specify a final compliance date by which the regulated entity will achieve compliance with this subpart.
(e) A variance will cease to be effective upon failure of the party to whom the variance was issued to comply with any term or condition of the variance.
(f) Upon the application of any party, the Administrator may review and, for good cause, modify or revoke a variance after holding a public hearing in accordance with the provisions of paragraph (b) of this section.
All requests, reports, submittals, and other communications to the Administrator pursuant to this regulation shall be submitted to the Regional Office of the EPA which serves the State or territory in which the corporate headquarters of the regulated entity resides. These areas are indicated in the following list of EPA Regional Offices.
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Environmental Stewardship, Mailcode: SAA, JFK Building, Boston, MA 02203.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, Division of Enforcement and Compliance Assistance, 290 Broadway, New York, NY 10007-1866.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia), Air Protection Division, 1650 Arch Street, Philadelphia, PA 19103.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Director, Air, Pesticides and Toxics, Management Division, 345 Courtland Street, NE., Atlanta, GA 30365.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), Director, Air, Pesticides and Toxics Division, 1445 Ross Avenue, Dallas, TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming), Director, Air and Toxics Division, 999 18th Street, 1 Denver Place, Suite 500, Denver, Colorado 80202-2405.
EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii, Nevada), Director, Air and Toxics Division, 75 Hawthorne Street, San Francisco, CA 94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Air and Toxics Division, 1200 Sixth Avenue, Seattle, WA 98101.
The provisions in this regulation shall not be construed in any manner to preclude any State or political subdivision thereof from:
(a) Adopting and enforcing any emission standard or limitation applicable to a manufacturer or importer of automobile refinish coatings or components in addition to the requirements of this subpart.
(b) Requiring the manufacturer or importer of automobile refinish coatings or components to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of a facility for manufacturing an automobile refinish coating component.
Each manufacturer and importer of any automobile refinish coating or component subject to the provisions of this subpart must not alter, destroy, or falsify any record or report, to conceal what would otherwise be noncompliance with this subpart. Such concealment includes, but is not limited to, refusing to provide the Administrator access to all required records and date-coding information, altering the VOC content of a coating or component batch, or altering the results of any required tests to determine VOC content.
(a) The following material is incorporated by reference in the paragraphs noted in § 59.104. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval, and notice of any changes in these materials will be published in the
(1) ASTM D 1613-96, Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products, IBR approved for § 59.104(d).
(2) ASTM D 523-89, Standard Test Method for Specular Gloss, IBR approved for § 59.104(e).
(b) The materials are available for inspection at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC; the Air and Radiation Docket and Information Center, U.S. EPA, 401 M Street, SW, Washington, DC; and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina. The materials are available for purchase from
(a) Availability of information. The availability to the public of information provided to or otherwise obtained by the Administrator under this part shall be governed by part 2 of this chapter.
(b) Confidentiality. All confidential business information entitled to protection under section 114(c) of the Act that must be submitted or maintained by each regulated entity pursuant to this section shall be treated in accordance with 40 CFR part 2, subpart B.
(a) The provisions of the subpart apply to consumer products manufactured or imported on or after December 10, 1998 for sale or distribution in the United States.
(b) The regulated entity is: the manufacturer or importer of the product; and any distributor that is named on the product label. The manufacturer or importer of the product is a regulated entity for purposes of compliance with the volatile organic compounds (VOC) content or emission limits in § 49.203, regardless of whether the manufacturer or importer is named on the label or not. The distributor, if named on the label, is the regulated entity for purposes of compliance with all sections of this part except for § 59.203. Distributors whose names do not appear on the label are not regulated entities. If no distributor is named on the label, then the manufacturer or importer is responsible for compliance with all sections of this part.
(c) The provisions of this subpart do not apply to consumer products that meet the criteria specified in paragraph (c)(1) through (c)(7) of this section.
(1) Any consumer product manufacturer in the United States for shipment and use outside of the United States.
(2) Insecticides and air fresheners containing at least 98-percent paradichlorobenzene or at least 98-percent naphthalene.
(3) Adhesives sold in containers of 0.03 liter (1 ounce) or less.
(4) Bait station insecticides. For the purpose of this subpart, bait station insecticides are containers enclosing an insecticidal bait that does not weigh more than 14 grams (0.5 ounce), where bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5-percent by weight active ingredients.
(5) Air fresheners whose VOC constituents, as defined in §§ 59.202 and 59.203(f), consist of 100-percent fragrance.
(6) Non-aerosol moth proofing products that are principally for the protection of fabric from damage by moths
(7) Flooring seam sealers used to join or fill the seam between two adjoining pieces of flexible sheet flooring.
The terms used in this subpart are defined in the Clean Air Act (Act) or in this section as follows:
(1) Household use;
(2) Use in structural pest control; or
(3) Institutional use.
(1) Electrical starters and probes;
(2) Metallic cylinders using paper tinder;
(3) Natural gas; and
(4) Propane.
(1) When applied to two substrates, forms an instantaneous, nonrepositionable bond;
(2) When dried to touch, exhibits a minimum 30-minute bonding range; and
(3) Bonds only to itself without the need for reactivation by solvents or heat.
(1) For agricultural use; or
(2) A restricted use pesticide.
(1) Processors who blend and mix consumer products,
(2) Contract fillers who develop formulas and package these formulas under a distributor's label;
(3) Contract fillers who manufacture products using formulas provided by a distributor; and
(4) Distributors who specify formulas to be used by a contract filler or processor.
(a) The manufacturer or importer of any consumer product subject to this subpart small ensure that the VOC content levels in table 1 of this subpart and HVOC content levels in table 2 of this subpart are not exceeded for any consumer product manufactured or imported on or after December 10, 1998, except as provided in paragraphs (b) and (c) of this section, or in §§ 59.204 or 59.206.
(b) For consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted prior to use, the VOC content limits specified in paragraph (a) of this section shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this paragraph, “minimum recommended dilution” shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains.
(c) For those consumer products that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 136-136y) (FIFRA), the compliance date of the VOC standards specified in paragraph (a) of this section is December 10, 1999.
(d) The provisions specified in paragraphs (d)(1) through (d)(4) of this section apply to charcoal lighter materials.
(1) No person shall manufacture or import any charcoal lighter material after December 10, 1998 that emits, on average, greater than 9 grams of VOC per start, as determined by the procedures specified in § 59.208.
(2) The regulated entity for a charcoal lighter material shall label the product with usage directions that specify the quantity of charcoal lighter material per pound of charcoal that was used in the testing protocol specified in § 59.208 for that product unless the provisions in either paragraph (e)(2)(i) or (e)(2)(ii) of this section apply.
(i) The charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as paraffin cubes; or
(ii) The charcoal lighter material is already incorporated into the charcoal, such as certain “bag light,” “instant light,” or “match light” products.
(3) Records of emission testing results for all charcoal lighter materials must be made available upon request to the Administrator for enforcement purposes within 30 days of receipt of such requests.
(4) If a manufacturer or importer has submitted records of emission testing of a charcoal lighter material to a State or local regulatory agency, such existing records may be submitted under paragraph (d)(3) of this section in lieu of new test data, provided the product formulation is unchanged from that which was previously tested. Such previous testing must have been conducted in accordance with the test protocol described in § 59.208 or a test protocol that is approved by the Administrator as an alternate.
(e) Fragrances incorporated into a consumer product up to a combined level of 2 weight-percent shall not be included in the weight-percent VOC calculation.
(f) The VOC content limits in table 1 of this subpart shall not include any VOC that:
(1) Has a vapor pressure of less than 0.1 millimeters of mercury at 20 degrees Celsius; or
(2) Consists of more than 12 carbon atoms, if the vapor pressure is unknown; or
(3) Has a melting point higher than 20 degrees Celsius and does not sublime (i.e., does not change directly from a
(g) The requirements of paragraph (a) of this Section shall not apply to those VOC in antiperspirants or deodorants that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 millimeters of mercury or less at 20 degrees Celsius.
(h) a manufacturer or importer may use the vapor pressure information provided by the raw material supplier as long as the supplier uses a method to determine vapor pressure that is generally accepted by the scientific community.
(i) For hydrocarbon solvents that are complex mixtures of many different compounds and that are supplied on a specification basis for use in a consumer product, the vapor pressure of the hydrocarbon blend may be used to demonstrate compliance with the VOC content limits of this section. Identification of the concentration and vapor pressure for each such component in the blend is not required for compliance with this subpart.
(a) Upon notification to the Administrator, a consumer product that is subject to this subpart may exceed the applicable limit in table 1 or 2 of this subpart if the regulated entity demonstrates that, due to some characteristic of the product formulation, design, delivery systems, or other factors, the use of the product will result in equal or less VOC emissions that specified in paragraph (a)(1) or (a)(2) of this section.
(1) The VOC emissions from a representative consumer product, as described in § 59.202, that complies with the VOC standards specified in § 59.203(a); or
(2) The calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC standards specified in § 59.203(a). The VOC emissions shall be calculated by using Equation 1.
(b) If a regulated entity demonstrates to the satisfaction of the Administrator that the equation in paragraph (a)(2) of the this section yields inaccurate results due to some characteristic of the product formulation or other factors, an alternate method that accurately calculates emissions may be used upon approval of the Administrator.
(c) A regulated entity shall notify the Administrator in writing of its intent to enter into the market an innovative product meeting the requirements of paragraph (a) of this section. The Administrator must receive the written notification by the time the innovative product is available for sale or distribution to consumers. Notification shall include the information specified in paragraph (c)(1) and (c)(2) of this section.
(1) Supporting documentation that demonstrates the emissions from the innovate product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage;
(2) Any information necessary to enable the Administrator to establish enforceable conditions for the innovative product, including the VOC content of the innovative product expressed as a weight-percentage, and test methods for determining the VOC content.
(d) At the option of the regulated entity, the regulated entity may submit a written request for the Administrator's written concurrence that the innovative product fulfills the requirements of paragraph (a) of this section. If such a request is made, the Administrator will respond as specified in paragraphs (d)(1) through (d)(3) of this section.
(1) The Administrator will determine within 30 days of receipt whether the documentation submitted in accordance with paragraph (d) of this section is complete.
(2) The Administrator will determine whether the innovative product shall be exempt from the requirements of § 59.203(a) within 90 days after an application has been deemed complete. The applicant and the Administrator may mutually agree to a longer time period for reaching a decision, and additional supporting documentation may be submitted by the applicant before a decision has been reached. The Administrator will notify the applicant of the decision in writing and specify such terms and conditions that are necessary to insure that emissions from the product will meet the emissions reductions specified in paragraph (a) of this section, and that such emissions reductions can be enforced.
(3) If an applicant has been granted an exemption to a State or local regulation for an innovative product by a State or local agency whose criteria for exemption meet or exceed those provided for in this section, the applicant may submit the factual basis for such an exemption as part of the documentation required under paragraph (d) of this section. In such case, the Administrator will make the determination required under this paragraph within 45 days after the applications is considered complete.
(e) In granting an exemption for a product, the Administrator will establish conditions that are enforceable. These conditions may include the VOC content of the innovative product, dispensing rates, application rates, and any other parameters determined by the Administrator to be necessary. The Administrator will also specify the test methods for determining conformance to the conditions established, including criteria for reproducibility, accuracy, and sampling and laboratory procedures.
(f) For any product for which an exemption has been granted pursuant to this section, the regulated entity to whom the exemption was granted shall notify the Administrator in writing within 30 days after any change in the product formulation or recommended product usage directions, and shall also notify the Administrator within 30 days after the regulated entity learns of any information that would alter the emissions estimates submitted to the Administrator in support of the exemption application.
(g) If lower VOC content limits are promulgated for a product category through any subsequent rulemaking, all exemptions granted under this section for products in the product category shall no longer apply unless the innovative product has been demonstrated to have VOC emissions less than the applicable revised VOC content limits.
(h) If the Administrator determines that a consumer product for which an exemption has been granted no longer meets the VOC emissions criteria specified in paragraph (a) of this section for an innovative product, the Administrator may modify or revoke the exemption as necessary to assure that the product will meet these criteria. The Administrator will not modify or revoke an exemption without first affording the applicant an opportunity for a public hearing to determine if the exemption should be modified or revoked.
(a) The container or package of each consumer product that is subject to this subpart shall clearly display the day, month, and year on which the product was manufactured, or a code indicating such date. The requirements of this provision shall not apply to products that are offered to consumers free of charge for the purposes of sampling the product.
(b) In addition, the container or package for each charcoal lighter material that is subject to this subpart shall be labeled according to the provisions of § 59.203(d)(2).
(a) Any regulated entity who cannot comply with the requirements of this subpart because of extraordinary circumstances beyond reasonable control
(1) The specific grounds up on which the variance is sought,
(2) The proposed date(s) by which compliance with the provisions of this subpart will be achieved. Such date(s) shall be no later than 5 years after the issuance of a variance; and
(3) A compliance plan detailing the method(s) by which compliance will be achieved.
(b) Upon receipt of a variance application containing the information required in paragraph (a) of this section, the Administrator will publish a notice of such application in the
(c) The Administrator will grant a variance if the criteria specified in paragraphs (c)(1) and (c)(2) of this section are met.
(1) If there are circumstances beyond the reasonable control of the applicant so that complying with the provisions of this subpart by the compliance date would not be technologically or economically feasible, and
(2) The compliance plan proposed by the applicant can be implemented and will achieve compliance as expeditiously as possible.
(d) Any variance order will specify a final compliance date by which the requirements of this subpart will be achieved and increments of progress necessary to assure timely compliance.
(e) A variance shall cease to be effective upon failure of the regulated entity to comply with any term or condition of the variance.
(f) Upon the application of any party, the Administrator may review, and for good cause, modify or revoke a variance after holding a public hearing in accordance with the procedures described in paragraph (b) of this section.
Each manufacturer or importer subject to the provisions of § 59.203(a) shall demonstrate compliance with the requirements of this subpart through calculation of the VOC content using records of the amounts of constituents used to manufacture the product.
(a) Each manufacturer or importer of charcoal lighter material subject to this subpart shall demonstrate compliance with the applicable requirements of § 59.203(d) using the procedures specified in this section. Any lighter material that has received certification from California South Coast Air Quality Management District (SCAQMD) under their Rule 1174, Ignition Method Compliance Certification Testing Protocol, will be considered as having demonstrated compliance with the applicable requirements of this subpart using the procedures in this section.
(b) The manufacturer or importer shall obtain from the testing laboratory conducting the testing, a report of findings, including all raw data sheets/charts and laboratory analytical data. The testing must demonstrate that VOC emissions resulting from the ignition of the barbecue charcoal are, on average, less than or equal to 9 grams per start. The manufacturer or importer shall maintain the report of findings.
(c) When a charcoal lighter material does not fall within the testing guidelines of this protocol, the protocol may be modified following a determination by the Administrator that the modified
(d)
(i) Inlet combustion air temperature is 16 to 27 degrees Celsius (60 to 80 degrees Fahrenheit) with a relative humidity of 20 to 80 percent;
(ii) The charcoal and lighter material are stored 72 hours before testing in a location with a relative humidity between 45 and 65 percent, and a temperature between 18 and 24 degrees Celsuis (65 to 75 degrees Fahrenheit); and
(iii) The outside wind speed, including gusts, may be no more than 16 kilometers per hour (10 miles per hour) if the test stack is exhausted outdoors, or, if the test stack is exhausted indoors, indoor air must be stagnant.
(2) Temperature and relative humidity of the combustion air shall be continuously monitored during the test. Temperature and relative humidity of the place where the charcoal and lighter material are stored prior to the test shall be monitored and recorded during the 72 hours immediately prior to the test. If the stack is exhausted outdoors, the continuous outdoor wind speed monitor shall be observed or recorded continuously during testing. If the wind speed monitor is manually observed rather than electronically recorded, the maximum wind speed observed during the test shall be recorded.
(e)
(1)
(2)
(3)
(4)
(5)
(6)
(1) The amount of lighter material to use per kilogram (or pound) of charcoal, unless the lighter material is already impregnated or treated in the charcoal;
(2) How to use or apply the lighter material; and
(3) How and when to light the lighter material.
(7)
(8)
(9)
(10
(f)
(2) Test structure components. The following test structure components, as shown in figures 1 and 2 of Appendix A of this subpart, shall be used:
(i) Test chamber—Standard large, prefabricated fireplace manufactured by Marco
(ii) Test stack—25-centimeter (10-inch) diameter galvanized steel ducting with velocity traverse port holes located approximately 8 diameters downstream from the stack outlet of the fireplace chamber and sampling ports located approximately 2
(iii) Fan—25-centimeter (10-inch) diameter axial fan (duct fan) capable of maintaining an air velocity of 140
(iv) Test stack insulation—The stack shall be insulated with fiberglass blanket insulation (or equivalent) with a minimum R-value of 6.4, that totally surrounds the stack from the top of the fireplace to the level of the blower which minimizes temperature gradients in the stack and prevents hydrocarbons from condensing on the stack wall.
(v) Stack mounts—Supports for fixing in position the stack velocity measurement device for measuring reference point velocity readings and the continuous organic emission monitor probe/meter.
(vi) Blower speed control—A rheostat for controlling voltage to the fan.
(3) Test equipment and materials. The following test equipment and materials shall be used:
(i) Continuous recording device—A YEW
(ii) Grill temperature probe—A type “K” thermocouple silver soldered to a 7.6 centimeter (3-inch) square brass plate 0.083-centimeter (0.033 inches) thick painted flat black using high temperature (> 370 degrees Celsius [> 700 degrees Fahrenheit]) paint; set on an adjustable stand to maintain 11 centimeters (4.5 inches) above the maximum height of the briquette pile and made such that it can be removed and replaced within the chamber.
(iii) Stack temperature probe—The Kurz
(iv) Stack velocity measurement device—The velocity in meters (feet) per minute for the reference point using a Kurz
(v) Continuous organic emissions monitor—Century
(vi) Temperature and humidity monitor—A chart recorder type with humidity accuracy of
(vii) Wind speed and direction monitor—A wind speed and direction device meeting a tolerance of
(viii) Analytical balance—An electronic scale with a resolution of a
(ix) Charcoal stacking ring—Rigid metal cylinder 21.6 centimeters (8.5 inches) in diameter with indicators to determine that the pile of briquettes does not exceed 12.7 centimeters (5 inches) in height.
(x) Camera—To document ignition condition of charcoal at the end of each start.
(xi) Particulate filter—Nupro
(xii) Barbecue Grill—The charcoal shall be ignited in a Weber
(xiii) Electric probe—A 600-watt electric probe shall be used for electric probe ignition tests.
(xiv) Untreated charcoal—The laboratory conducting the testing shall purchase “off the shelf” untreated charcoal from a retail outlet. Charcoal shall not be provided by the manufacturer of the charcoal lighter material to be tested or by the charcoal manufacturer. The charcoal to be used is Kingsford
(xv) Treated or impregnated charcoal—If the charcoal lighter material to be tested is a substance used to treat or impregnate charcoal, the regulated entity shall provide to the laboratory conducting the tests a sample of impregnated charcoal. The sample shall be impregnated or treated barbecue charcoal that is ignited either outside of package or ignited by the package. If commercially available, the independent testing laboratory conducting the test shall purchase “off the shelf” from a retail outlet.
(g)
(2) Integrated VOC sample. Collect integrated VOC gas samples at the sampling port in the exhaust stack using a 40 CFR part 60, appendix A, Method 25 Total Combustion Analysis (TCA) sampling apparatus consisting of two evacuated 9-liter tanks, each equipped with flow controllers, vacuum gauges, and probes, as shown in figure 4 of Appendix A of this Subpart. Use 40 CFR part 60, appendix A, Method 25, SCAQMD Method 25.1 (incorporated by reference—§ 59.213 of this subpart), or equivalent, for analysis. Carbon monoxide, carbon dioxide, methane, and non-methane organic carbon are analyzed by the TCA and TCA/Flame Ionization Detector (FID) methods. Oxygen content is determined by gas chromatography using a thermal conductivity detector. Clean particulate filters between use by heating to 760 degrees Celsius (1400 degrees Fahrenheit) while using compressed air as a carrier for cleaning and purging.
(3) Continuous organic emissions monitor. A continuous organic emissions monitor which uses a continuous FID shall be used for each test run to measure the real time organic concentration of the exhaust as methane. Record the emission monitor response in parts per million continuously during the sampling period using a chart recorder or at least once every 10 seconds. The VOC analyzer shall be operated as prescribed in the manufacturer's directions unless otherwise noted in this protocol.
(h)
(i) For the reference VOC emission tests using an electric probe, place a single layer of charcoal, slightly larger than the area/circle of the electric probe heating element, onto the grate. Place the heating element on top of this first layer and cover the heating element with the remaining charcoal briquettes.
(ii) For the ignition VOC emissions tests, arrange the briquettes on the barbecue grate in the manner specified by the ignition manufacturer's directions. If these manufacturer's directions do not specify a stacking arrangement for the briquettes, randomly stack the briquettes in a pile using the stacking ring described in paragraph (f)(3)(ix) of this section.
(2) Charcoal lighter material—or impregnated charcoal. Store, handle, weigh, and stack barbecue charcoal that is designed to be lit without the packaging, the same as in paragraph (h)(1) of this section. For those products which require both the package and charcoal be lit, weigh the whole package—do not remove charcoal. Weigh an empty package (not the same one to be used during the test). Subtract the package weight from the overall weight of the package and charcoal. The full package and empty package must be stored, handled, and weighed the same as in paragraph (h)(1) of this section. If the difference (the charcoal weight) is between 0.7 to 1.4 kilograms (1.5 to 3.0 pounds), the test may proceed. The emissions measured (E) in Equation 5 of paragraph (k)(7) of this section must be adjusted to a 0.9 kilogram (2-pound) charge. Place packaged barbecue charcoal on the grate in the manner specified by the manufacturer's directions.
(3) Initial meteorological and environmental criteria in paragraph (d) shall be complied with.
(4) The stack velocity must be set before each day of testing at 140
(5) The fireplace shall be conditioned at the start of each day before sampling tests by using a grill ignited by the electric probe. If a time period of over 60 minutes between sampling test runs occur, the condition step must be repeated.
(6) Before each test run, leak check the continuous organic emissions monitor by blocking the flow to the probe. Allow the instrument to warm up for the duration specified by the manufacturer's directions. Select the 0 to 100 parts per million range. Check the battery level and hydrogen pressure. Zero with hydrocarbon-free air (<0.1 parts per million hydrocarbons as methane) span with 90 parts per million methane in ultra pure air. Zero and span another instrument selection range if needed for test purposes.
(7) Before the testing program begins, establish a point of average concentration of organics in the stack by using a continuous organic emissions monitor and a grill with charcoal ignited by the electric probe 40 minutes after initial release of emissions. Record the continuous organic emissions monitor traverse data.
(8) Prepare the integrated VOC sampling equipment and perform the required leak checks. Fit the probes with nozzles housing two micron particulate filters. Insert the probes and nozzles into the sampling port to draw a sample of the exhaust gas from the point of average organic concentration as determined from the continuous organic emissions monitor sample traverse described in paragraph (h)(4) of this section. Also, position the nozzles such that they point downstream in the
(9) Insert the continuous organic emissions monitor probe into the sampling port to draw a sample of the exhaust gas from the point of average organic concentration as determined from the continuous organic emissions monitor sample traverse described in paragraph (h)(7) of this section.
(i)
(1) Place the bottom of the barbecue grill on the floor of the fireplace, 5 centimeters (2 inches) from the rear wall. Ignite charcoal as specified by manufacturer's labeled directions.
(2) For electric probe ignition, carefully remove probe without disturbing charcoal after 10 minutes of operation.
(3) For fluid ignition, simultaneously match light fluid on charcoal and fluid that has fallen to the bottom of the grill.
(4) Place the grill temperature probe 11 centimeters (4.5 inches) above the top of the charcoal immediately after the charcoal lighter material flame goes out, or before, if the lighter material does not flame.
(5) Conduct at least six test runs for both the electric probe ignition and for the lighter material being evaluated. Alternate these lighter material for all 12 runs. All runs must be conducted over 3 consecutive days or less. Alternatively, baseline emissions testing (using the electric probe) may be applied to other test runs provided the test runs occur within 4 months of the baseline testing. Integrated VOC sampling and continuous organic emissions monitoring begin for each test run when the charcoal lighter material and/or materials start to generate/release organics (this will be the time of pouring for lighter fluids and the time of ignition for most other ignition sources). Option: Because the manufacturer of treated or impregnated charcoal supplies both the lighter material and barbecue charcoal, they may apply the 9 grams VOC per start emission limit as an absolute value without an adjustment for the VOC emissions from an electric probe.
(6) Sampling ends for each test run when all the following conditions are met:
(i) The temperature 11 centimeters (4.5 inches) above the maximum height of the briquette pile, using the grill temperature probe described in paragraph (d)(3)(ii) of this section, is at least 93 degrees Celsius (200 degrees Fahrenheit);
(ii) The continuous organic emissions monitor is reading below 30 parts per million for at least 2 minutes;
(iii) The test sampling has continued for 25 minutes (but not more) and
(iv) The charcoal surface is 70 percent covered with ash (to be documented with photograph on top and 60 degrees above the horizon).
(7) During the sampling test runs, temperatures (excluding ambient) and continuous organic emission monitor readings shall be recorded and shall comply with the requirements in paragraph (b) of this section. Humidity, wind speed, and ambient temperature readings shall be monitored and shall comply with the requirements in paragraph (b) of this section.
(8) Collect one blank sample for VOC and one ambient air sample during one run of each day per paragraph (k) of this section.
(j)
(2) Record the drift using zero and span gases. Leak check and span the continuous organic emissions monitor as described in paragraph (h)(6) of this section for the next run.
(3) Leak check and disassemble the integrated VOC sampling equipment as described in Method 25 of 40 CFR part 60, appendix A or SCAQMD Method 25.1
(4) Thoroughly clean grill surfaces of all residue before conducting next ignition run.
(k)
(1) Calculate the average stack reference point temperature during sampling (t
(2) Calculate the average measured velocities (in meters per minute [feet per minute]): Traverse (u
(3) Calculate the corrected average sampling velocity (u
(4) Calculate the average flow rate (Q
(6) Calculate the average total gaseous non-methane organic carbon for each duplicate sample run analyzed.
(7) Calculate the grams (pounds) of VOC as CH
(8) Calculate the average VOC emissions for each lighter material tested. Identify and discard statistical outliers. Note a minimum of five valid results are required for a determination. This procedure for eliminating an outlier may only be performed once for each lighter material tested.
(9) Using Equation 6, calculate the resultant VOC emissions per start (E
(l)
(1) Real time temperature and continuous organic emissions monitor readings from continuous chart recorder and/or manual reading of temperatures and the continuous organic emissions monitor output.
(2) A description of quality assurance/quality control (QA/QC) procedures followed for all measuring equipment and calibration test data.
(3) A description of QA/QC procedures followed for all sampling and analysis equipment and calibration test data.
(4) Time and quantity of blanks and ambient air samples.
(5) Chain of custody for samples.
(6) Labeled directions.
(7) Field notes and data sheets.
(8) Calculation/averaging sheets/printouts.
(9) Sample (in its normal package from the same lot) of barbecue charcoal and lighter material used for testing.
(10) Formulation of lighter material tested (indicate if the information is to be handled confidentially).
(11) Photographs documenting charcoal surface ash coverage.
(m)
(1) A blank sample for VOC shall be performed once each day, during the start period of one of the lighter materials, using the integrated VOC sampling apparatus.
(2) An ambient air sample for VOC shall be taken once each day, during the start period of one of the lighter materials, using the integrated VOC sampling apparatus with Nupro
(3) Traceability certificates shall be provided for all calibration gases used for the continuous organic emissions monitor and integrated VOC analysis.
(4) Grill temperature probe shall be calibrated using the procedures in ASTM Method E220-86 (incorporated by reference as specified in United States § 59.213).
(5) Supply documentation for place of purchase ( or origin if experimental) and chain of custody for lighter material tested. Documentation to be included for both treated and impregnated charcoal.
(6) Supply documentation for place of purchase and chain of custody for untreated charcoal.
(a) The distributor that is named on the product label shall maintain the records specified in paragraphs (a)(1) and (a)(2) of this section, unless the manufacturer or importer has submitted to the Administrator a written certification that the manufacturer or importer will maintain the records for the distributor in accordance with paragraph (a)(3) of this section. If no distributor is named on the label, the manufacturer or importer must maintain the specified records. The records must be retained for at least 3 years and must be in a form suitable and readily available for inspection and review.
(1) Records or formulations being manufactured or imported on or after December 10, 1998 for all consumer products subject to § 59.213(a), or December 10, 1999 for all consumer products subject to § 59.203(c) and
(2) Accurate records for each batch of production, starting on December 10, 1998 for all consumer products subject to § 59.203(a) or December 10, 1999 for all consumer products subject to
(3) By providing this written certification to the Administrator, the certifying manufacturer accepts responsibility for compliance with the recordkeeping requirements in paragraphs (a)(1) and (a)(2) of this section with respect to any products covered by the written certification. Failure to maintain the required records may result in enforcement action by the EPA against the certifying manufacturer in accordance with the enforcement provisions applicable to violations of these provisions by regulated entities. The certifying manufacturer may revoke the written certification by sending a written statement to the Administrator and the regulated entity giving at least 90 days notice that the certifying manufacturer is rescinding acceptance of responsibility for compliance with the recordkeeping requirements listed in this paragraph. Upon expiration of the notice period, the regulated entity must assume responsibility for maintaining the records specified in this paragraph. Written certifications and revocation statements, to the Administrator from the certifying manufacturer shall be signed by the responsible official of the certifying manufacturer, provide the name and address of the certifying manufacturer, and be sent to the appropriate EPA Regional Office at the addresses listed in § 59.210 of this subpart. Such written certifications are not transferable by the manufacturer.
(b) If requested by the Administrator, product VOC content must be demonstrated to the Administrator's satisfaction to comply with the VOC content limits presented in § 59.203(a).
(c) Each manufacturer or importer subject to the provisions of § 59.203(d) shall maintain records specified in either paragraph (c)(1) or (c)(2) of this section for each charcoal lighter material.
(1) Test report from each certification test performed as specified in § 59.208(b) and all information and data specified in § 59.208(l); or
(2) Records of emission testing, which was performed by a method determined by the Administrator to be an acceptable alternative to that described in § 59.208, previously submitted to a State or local regulatory agency.
(d) The distributor that is named on the product label, or if no distributor is named on the label, the manufacturer or importer, shall submit by the applicable compliance date, or within 30 days after becoming a regulated entity, a one-time Initial Notification Report including the information specified in paragraphs (d)(1) through (d)(5) of this section.
(1) Company name;
(2) Name, title, phone number, address, and signature or certifying company official;
(3) A list of product categories and subcategories subject to § 59.203 for which the company is currently the regulated entity;
(4) A description of date coding systems, clearly explaining how the date of manufacture is marked on each sales unit of subject consumer products; and
(5) The name and location of the designated recordkeeping agent, if the records specified in paragraphs (a)(1) and (a)(2) are to be maintained by the manufacturer.
(e) If a regulated entity changes the date coding system reported according to paragraph (d)(4) of this section, the regulated entity shall notify the Administrator of such changes within 30 days following the change.
(f) If requested by the Administrator, the following information shall be made available within 30 days after receiving the request:
(1) Location of facility(ies) manufacturing, importing, or distributing subject consumer products;
(2) A list of product categories and subcategories, as found in tables 1 and 2 of this subpart, that are manufactured, imported, or distributed at each facility; and
(3) Location where VOC content records are kept for each subject consumer product.
(g) Each manufacturer or importer subject to the innovative product provisions in § 49.204 shall submit notifications as indicated in § 59.204(d) and (e).
All requests, reports, submittals, and other communications to the Administrator pursuant to this regulation shall be submitted to the Regional Office of the EPA which serves the State or territory in which the corporate headquarters of the regulated entity resides. These areas are indicated in the following list of EPA Regional Offices:
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Ecosystem Protection, J.F.K. Federal Building, Boston, MA 02203-2211.
EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, Division of Environmental Planning and Protection, 290 Broadway, New York, NY 10007.
EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia), Director, Air, Radiation, and Toxics Division, 841 Chestnut Building, Philadelphia, PA 19107.
EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Director, Air, Pesticides, and Toxics Management Division, 61 Forsyth Street, Atlanta, GA 30303.
EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 60604-3507.
EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), Director, Multimedia Planning and Permitting Division, 1445 Ross Avenue, Dallas, TX 75202-2733.
EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA, and Toxics Division, 726 Minnesota Avenue, Kansas City, KS 66101.
EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming), Director, Office of Pollution Prevention, State, and Tribal Assistance, 999 18th Street, Suite 500, Denver, Colorado 80202-2466.
EPA Region IX (American Samoa, Arizona, California, Guam, Hawaii, Nevada) Director, Air Divisions, 75 Hawthorne Street, San Francisco, CA 94105.
EPA Region X (Alaska, Oregon, Idaho, Washington), Director, Office of Air Quality, 1200 Sixth Avenue, Seattle, WA 98101.
(a) The provisions in this regulation shall not be construed in any manner to preclude any State or political subdivision thereof from:
(1) Adopting and enforcing any emission standard or limitation applicable to a regulated entity.
(2) Requiring the regulated entity to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of a facility for manufacturing a consumer product.
(b) [Reserved]
No regulated entity subject to these standards shall alter, destroy, or falsify any record or report to conceal what would otherwise be noncompliance with these standards. Such concealment includes, but is not limited to refusing to provide the Administrator access to all required records and date-coding information, altering the percent VOC content of a product batch, or altering the results of any required performance tests.
(a) The materials listed in this section are incorporated by reference in the paragraphs noted in § 59.207. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval, and notice of any changes in these materials will be published in the
(b) The materials listed below are available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA, 19103; SCAQMD Subscription Services, P.O. Box 4932; 21865 Copley Drive, Diamond Bar, CA 91765-0932; or University Microfilms International, 300 North Zeeb Road, Ann Arbor MI, 48106.
(1) ASTM Method E220-86 Standard Method for Calibration of Thermocouples by Comparisons Techniques, incorporation by reference (IBR) approved for § 59,208(m)(4).
(2) ASTM Method E380-82 Metric Practice, IBR approved for § 59.208(k).
(3) SCAQMD Method 25.1, March 1989 Determination of Total Gaseous Non-Methane Organic Emissions as Carbon (amended February 26, 1991) IBR approved for § 59.208(g)(2).
(a) Availability of information. Specific reports or records required by this subpart are not available to the public. The Administrator will, upon request, provide information as to the compliance status of a product or regulated entity.
(b) Confidentiality. All confidential business information entitled to protection under section 114(c) of the CAA that must be submitted or maintained by a regulated entity pursuant to this section shall be treated in accordance with 40 CFR part 2, Subpart B.
(a) Except as provided in paragraphs (b) and (c) of this section, the provisions of this subpart apply to each architectural coating manufactured on or after September 13, 1999 for sale or distribution in the United States.
(b) For any architectural coating registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136,
(c) The provisions of this subpart do not apply to any architectural coating described in paragraphs (c)(1) through (c)(5) of this section:
(1) A coating that is manufactured for sale or distribution to architectural coating markets outside the United States; such a coating must not be sold or distributed within the United States as an architectural coating.
(2) A coating that is manufactured prior to September 13, 1999.
(3) A coating that is sold in a nonrefillable aerosol container.
(4) A coating that is collected and redistributed at a paint exchange.
(5) A coating that is sold in a container with a volume of one liter or less.
(1) Continuous or repeated immersion exposure of 90 to 98 percent sulfuric acid, or oleum;
(2) Continuous or repeated immersion exposure to strong organic solvents;
(3) Continuous or repeated immersion exposure to petroleum processing at high temperatures and pressures; and
(4) Continuous or repeated immersion exposure to food or pharmaceutical products which may or may not require high temperature sterilization.
(1) Immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surfaces to moisture condensation;
(2) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;
(3) Repeated exposure to temperatures above 120 °C (250 °F);
(4) Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or
(5) Exterior exposure of metal structures and structural components.
(1) Is capable of being applied directly from the container under normal conditions with ambient temperatures between 16 and 27°C (60 and 80°F);
(2) When tested in accordance with ASTM Method D 1640-83 (Reapproved 1989), Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature (incorporated by reference—see § 59.412), sets to touch in 2 hours or less, is tack free in 4 hours or less, and dries hard in 8 hours or less by the mechanical test method; and
(3) Has a dried film gloss of 70 or above on a 60 degree meter.
(a) Each manufacturer and importer of any architectural coating subject to this subpart shall ensure that the VOC content of the coating does not exceed the applicable limit in table 1 of this subpart, except as provided in §§ 59.403 and 59.404 of this subpart. Compliance with the VOC content limits will be determined based on the VOC content, as expressed in metric units.
(b) Except as provided in paragraph (c) of this section, if anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or importer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of more than one of the coating categories listed in table 1 of this subpart, then the most restrictive VOC content limit shall apply.
(c) The provision in paragraph (b) of this section does not apply to the coatings described in paragraphs (c)(1) through (c)(15) of this section.
(1) High temperature coatings that also meet the definition for metallic pigmented coatings are subject only to the VOC content limit in table 1 of this subpart for high temperature coatings.
(2) Lacquer coatings (including lacquer sanding sealers) that are also recommended for use in other architectural coating applications to wood, except as stains, are subject only to the VOC content limit in table 1 of this subpart for lacquers.
(3) Metallic pigmented coatings that also meet the definition for roof coatings, industrial maintenance coatings, or primers are subject only to the VOC content limit in table 1 of this subpart for metallic pigmented coatings.
(4) Shellacs that also meet the definition for any other architectural coating are subject only to the VOC content limit in table 1 of this subpart for shellacs.
(5) Fire-retardant/resistive coatings that also meet the definition for any other architectural coating are subject only to the VOC content limit in table 1 of this subpart for fire-retardant/resistive coatings.
(6) Pretreatment wash primers that also meet the definition for primers or that meet the definition for industrial maintenance coatings are subject only to the VOC content limit in table 1 of this subpart for pretreatment wash primers.
(7) Industrial maintenance coatings that also meet the definition for primers, sealers, undercoaters, or mastic
(8) Varnishes and conversion varnishes that also meet the definition for floor coatings are subject only to the VOC content limit in table 1 of this subpart for varnishes and conversion varnishes, respectively.
(9) Anti-graffiti coatings, high temperature coatings, impacted immersion coatings, thermoplastic rubber coatings and mastics, repair and maintenance thermoplastic coatings, and flow coatings that also meet the definition for industrial maintenance coatings are subject only to the VOC content limit in table 1 of this subpart for their respective categories (i.e., they are not subject to the industrial maintenance coatings VOC content limit in table 1 of this subpart).
(10) Waterproofing sealers and treatments that also meet the definition for quick-dry sealers are subject only to the VOC content limit in table 1 of this subpart for waterproofing sealers and treatments.
(11) Sanding sealers that also meet the definition for quick-dry sealers are subject only to the VOC content limit in table 1 of this subpart for sanding sealers.
(12) Nonferrous ornamental metal lacquers and surface protectants that also meet the definition for lacquers are subject only to the VOC content limit in table 1 of this subpart for nonferrous ornamental metal lacquers and surface protectants.
(13) Quick-dry primers, sealers, and undercoaters that also meet the definition for primers, sealers, or undercoaters are subject only to the VOC content limit in table 1 of this subpart for quick-dry primers, sealers, and undercoaters.
(14) Antenna coatings that also meet the definition for industrial maintenance coatings or primers are subject only to the VOC content limit in table 1 of this subpart for antenna coatings.
(15) Bituminous coatings and mastics that also meet the definition for any other architectural coatings are subject only to the VOC content limit in table 1 of this subpart for bituminous coatings and mastics.
(16) Zone marking coatings that also meet the definition for traffic marking coatings are subject only to the VOC content limit in table 1 of this subpart for zone marking coatings.
(17) Rust preventative coatings that also meet the definition for primers or undercoaters are subject only to the VOC content limit in table 1 of this subpart for rust preventative coatings.
(a) Except as provided in § 59.404 of this subpart, each manufacturer and importer of any architectural coating subject to the provisions of this subpart may exceed the applicable VOC content limit in table 1 of this subpart for the coating if the manufacturer or importer pays an annual exceedance fee. The exceedance fee must be calculated using the procedures in paragraphs (b) and (c) of this section.
(b) The exceedance fee paid by a manufacturer or importer, which is equal to the sum of the applicable exceedance fees for all coatings, must be calculated using equation 1 as follows:
(c) The exceedance fee to be paid for each coating must be determined using equation 2 as follows:
(d) The exceedance fee shall be paid no later than 2 months after the end of the calendar year in which the coatings are manufactured or imported, and shall be sent to the Regional Office of the U.S. Environmental Protection Agency, as listed in § 59.409 of this subpart, that serves the State or Territory in which the corporate headquarters of the manufacturer or importer is located.
(a) Each manufacturer and importer of any architectural coating subject to the provisions of this subpart may designate a limited quantity of coatings to be exempt from the VOC content limits in table 1 of this subpart and the exceedance fee provisions of § 59.403 of this subpart, provided all of the requirements in paragraphs (a)(1) through (a)(4) of this section are met.
(1) The total amount of VOC contained in all the coatings selected for exemption must be equal to or less than 23 megagrams (25 tons) for the period of time from September 13, 1999 through December 31, 2000; 18 megagrams (20 tons) in the year 2001; and 9 megagams (10 tons) per year in the year 2002 and each subsequent year. The amount of VOC contained in each coating shall be calculated using the procedure in paragraph (b) of this section. Compliance with the tonnage exemption will be determined based on the amount of VOC, as expressed in metric units.
(2) The container labeling requirements of § 59.405 of this subpart.
(3) The recordkeeping requirements of § 59.407(c) of this subpart.
(4) The reporting requirements of § 59.408(b) and (e) of this subpart.
(b) Each manufacturer and importer choosing to use the exemption described in paragraph (a) of this section must use equations 3 and 4 to calculate the total amount of VOC for each time period the exemption is elected. The VOC amount shall be determined without colorant that is added after the tint base is manufactured or imported.
(a) Each manufacturer and importer of any architectural coating subject to the provisions of this subpart shall provide the information listed in paragraphs (a)(1) through (a)(3) of this section on the coating container in which the coating is sold or distributed.
(1) The date the coating was manufactured, or a date code representing the date shall be indicated on the label, lid, or bottom of the container.
(2) A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the container. This requirement does not apply to the thinning of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coating is to be applied without thinning.
(3) The VOC content of the coating as described in paragraph (a)(3)(i) or (a)(3)(ii) of this section shall be indicated on the label or lid of the container.
(i) The VOC content of the coating, displayed in units of grams of VOC per liter of coating or in units of pounds of VOC per gallon of coating; or
(ii) The VOC content limit in table 1 of this subpart with which the coating is required to comply and does comply, displayed in units of grams of VOC per liter of coating or in units of pounds of VOC per gallon of coating.
(b) In addition to the information specified in paragraph (a) of this section, each manufacturer and importer of any industrial maintenance coating subject to the provisions of this subpart shall display on the label or lid of the container in which the coating is sold or distributed one or more of the descriptions listed in paragraphs (b)(1) through (b)(4) of this section.
(1) “For industrial use only.”
(2) “For professional use only.”
(3) “Not for residential use” or “Not intended for residential use.”
(4) “This coating is intended for use under the following condition(s):” (Include each condition in paragraphs (b)(4)(i) through (b)(4)(v) of this section that applies to the coating.)
(i) Immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surfaces to moisture condensation;
(ii) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;
(iii) Repeated exposure to temperatures above 120° C (250° F);
(iv) Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or
(v) Exterior exposure of metal structures and structural components.
(c) In addition to the information specified in paragraph (a) of this section, each manufacturer and importer of any recycled coating who calculates the VOC content using equations 7 and 8 in § 59.406(a)(3) of this subpart shall include the following statement indicating the post-consumer coating content on the label or lid of the container in which the coating is sold or distributed: “CONTAINS NOT LESS THAN X
(a) For the purpose of determining compliance with the VOC content limits in table 1 of this subpart, each manufacturer and importer shall determine the VOC content of a coating using the procedures described in paragraph (a)(1), (a)(2), or (a)(3) of this section, as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured or imported.
(1) With the exception of low solids stains and low solids wood preservatives, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Calculate the VOC content using equation 5 as follows:
(2) For low solids stains and low solids wood preservatives, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Calculate the VOC content using equation 6 as follows:
(3) For recycled coatings, the manufacturer or importer has the option of calculating an adjusted VOC content to account for the post-consumer coating content. If this option is used, the manufacturer or importer shall determine the adjusted VOC content using equations 7 and 8 as follows:
(b) To determine the composition of a coating in order to perform the calculations in paragraph (a) of this section, the reference method for VOC content is Method 24 of appendix A of 40 CFR part 60, except as provided in paragraphs (c) and (d) of this section. To determine the VOC content of a coating, the manufacturer or importer may use Method 24 of appendix A of 40 CFR part 60, an alternative method as provided in paragraph (c) of this section, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended (e.g., quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 test results will govern, except as provided in paragraph (c) of this section. The Administrator may require the manufacturer or importer to conduct a Method 24 analysis.
(c) The Administrator may approve, on a case-by-case basis, a manufacturer's or importer's use of an alternative method in lieu of Method 24 for determining the VOC content of coatings if the alternative method is demonstrated to the Administrator's satisfaction to provide results that are acceptable for purposes of determining compliance with this subpart.
(d) Analysis of methacrylate multicomponent coatings used as traffic marking coatings shall be conducted according to the procedures specified in appendix A to this subpart. Appendix A to this subpart is a modification of Method 24 of appendix A of 40 CFR part 60. The modification of Method 24 provided in appendix A to this subpart has not been approved for methacrylate multicomponent coatings used for other purposes than as traffic marking coatings or for other classes of multicomponent coatings.
(e) The Administrator may determine a manufacturer's or importer's compliance with the provisions of this subpart based on information required by this subpart (including the records and reports required by §§ 59.407 and 59.408 of this subpart) or any other information available to the Administrator.
(a) Each manufacturer and importer using the provisions of § 59.406(a)(3) of this subpart to determine the VOC content of a recycled coating shall maintain in written or electronic form records of the information specified in paragraphs (a)(1) through (a)(6) of this section for a period of 3 years.
(1) The minimum volume percent post-consumer coating content for each recycled coating.
(2) The volume of post-consumer coating received for recycling.
(3) The volume of post-consumer coating received that was unusable.
(4) The volume of virgin materials.
(5) The volume of the final recycled coating manufactured or imported.
(6) Calculations of the adjusted VOC content as determined using equation 7 in § 59.406(a)(3) of this subpart for each recycled coating.
(b) Each manufacturer and importer using the exceedance fee provisions in § 59.403 of this subpart, as an alternative to achieving the VOC content limits in table 1 of this subpart, shall maintain in written or electronic form the records specified in paragraphs (b)(1) through (b)(7) of this section for a period of 3 years.
(1) A list of the coatings and the associated coating categories in table 1 of this subpart for which the exceedance fee is used.
(2) Calculations of the annual fee for each coating and the total annual fee for all coatings using the procedure in § 59.403 (b) and (c) of this subpart.
(3) The VOC content of each coating in grams of VOC per liter of coating.
(4) The excess VOC content of each coating in grams of VOC per liter of coating.
(5) The total volume of each coating manufactured or imported per calendar year, in liters, including the volume of any water and exempt compounds and excluding the volume of any colorant added to tint bases.
(6) The annual fee for each coating.
(7) The total annual fee for all coatings.
(c) Each manufacturer and importer claiming the tonnage exemption in § 59.404 of this subpart shall maintain in written or electronic form the records specified in paragraphs (c)(1) through (c)(4) of this section for a period of 3 years.
(1) A list of all coatings and associated coating categories in table 1 of this subpart for which the exemption is claimed.
(2) The VOC amount as used in equation 4.
(3) The volume manufactured or imported, in liters, for each coating for which the exemption is claimed for the time period the exemption is claimed.
(4) The total megagrams of VOC contained in each coating for which the exemption is claimed, and for all coatings combined for which the exemption is claimed, for the time period the exemption is claimed, as calculated in § 59.404(b) of this subpart.
(a) Each manufacturer and importer of any architectural coating subject to the provisions of this subpart shall submit reports and exceedance fees specified in this section to the appropriate address as listed in § 59.409 of this subpart.
(b) Each manufacturer and importer of any architectural coating subject to the provisions of this subpart shall submit an initial notification report no later than the applicable compliance date specified in § 59.400, or within 180 days after the date that the first architectural coating is manufactured or imported, whichever is later. The initial report must include the information in paragraphs (b)(1) through (b)(3) of this section.
(1) The name and mailing address of the manufacturer or importer.
(2) The street address of each one of the manufacturer's or importer's facilities in the United States that is producing, packaging, or repackaging any architectural coating subject to the provisions of this subpart.
(3) A list of the categories from table 1 of this subpart for which the manufacturer's or importer's coatings meet the definitions in § 59.401 of this subpart.
(4) If a date code is used on a coating container to represent the date a coating was manufactured, as allowed in § 59.405(a)(1) of this subpart, the manufacturer or importer of the coating shall include an explanation of each date code in the initial notification report and shall submit an explanation of any new date code no later than 30 days after the new date code is first used on the container for a coating.
(c) Each manufacturer and importer of a recycled coating that chooses to determine the adjusted VOC content according to the provisions of § 59.406(a)(3) to demonstrate compliance with the applicable VOC content limit in table 1 of this subpart shall submit a report containing the information in paragraphs (c)(1) through (c)(5) of this section. The report must be submitted for each coating for which the adjusted VOC content is used to demonstrate compliance. This report must be submitted by March 1 of the year following any calendar year in which the adjusted VOC content provision is used.
(1) The minimum volume percent post-consumer coating content for each recycled coating.
(2) The volume of post-consumer coating received for recycling.
(3) The volume of post-consumer coating received that was unusable.
(4) The volume of virgin materials used.
(5) The volume of the final recycled coating manufactured or imported.
(d) Each manufacturer and importer that uses the exceedance fee provisions of § 59.403 of this subpart shall report the information in paragraphs (d)(1) through (d)(7) of this section for each coating for which the exceedance fee provisions are used. This report and the exceedance fee payment must be submitted by March 1 following the
(1) Manufacturer's or importer's name and mailing address.
(2) A list of all coatings and the associated coating categories in table 1 of this subpart for which the exceedance fee provision is being used.
(3) The VOC content of each coating that exceeds the applicable VOC content limit in table 1 of this subpart.
(4) The excess VOC content of each coating in grams of VOC per liter of coating.
(5) The total volume of each coating manufactured or imported per calendar year, in liters, including the volume of any water and exempt compounds and excluding the volume of any colorant added to tint bases.
(6) The annual fee for each coating.
(7) The total annual fee for all coatings.
(e) Each manufacturer and importer of architectural coatings for which a tonnage exemption under § 59.404 of this subpart is claimed shall submit a report no later than March 1 of the year following the calendar year in which the exemption was claimed. The report must include the information in paragraphs (f)(1) through (f)(4) of this section.
(1) A list of all coatings and the associated coating categories in table 1 of this subpart for which the exemption was claimed.
(2) The VOC amount as used in equation 4.
(3) The volume manufactured or imported, in liters, for each coating for which the exemption is claimed for the time period the exemption is claimed.
(4) The total megagrams of VOC contained in all coatings for which the exemption was claimed for the time period the exemption was claimed, as calculated in § 59.404(b) of this subpart.
Each manufacturer and importer of any architectural coating subject to the provisions of this subpart shall submit all requests, reports, submittals, exceedance fee payments, and other communications to the Administrator pursuant to this regulation to the Regional Office of the U.S. Environmental Protection Agency that serves the State or Territory in which the corporate headquarters of the manufacturer or importer resides. These areas are indicated in the following list of EPA Regional Offices:
The provisions of this subpart must not be construed in any manner to preclude any State or political subdivision thereof from:
(a) Adopting and enforcing any emissions standard or limitation applicable
(b) Requiring the manufacturer or importer of architectural coatings to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of a facility for manufacturing an architectural coating.
Each manufacturer and importer of any architectural coating subject to the provisions of this subpart must not alter, destroy, or falsify any record or report, to conceal what would otherwise be noncompliance with this subpart. Such concealment includes, but is not limited to, refusing to provide the Administrator access to all required records and date-coding information, altering the VOC content of a coating batch, or altering the results of any required tests to determine VOC content.
(a) The materials listed in this section are incorporated by reference in the paragraphs noted in § 59.401. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval, and notice of any changes in these materials will be published in the
(b) The materials listed below are available for purchase at the following address: American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
(1) ASTM Method C 1315-95, Standard Specification for Liquid Membrane-Forming Compounds Having Special Properties for Curing and Sealing Concrete, incorporation by reference approved for § 59.401,
(2) ASTM Method D 523-89, Standard Test Method for Specular Gloss, incorporation by reference approved for § 59.401,
(3) ASTM Method D 1640-83 (Reapproved 1989), Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature, incorporation by reference approved for § 59.401,
(4) ASTM Method D 3912-80 (Reapproved 1989), Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants, incorporation by reference approved for § 59.401,
(5) ASTM Method D 4082-89, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants, incorporation by reference approved for § 59.401,
(c) The following material is available from the AAMA, 1827 Walden Office Square, Suite 104, Schaumburg, IL 60173.
(1) AAMA 605-98, Voluntary Specification Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels, incorporation by reference approved for § 59.401,
(2) [Reserved]
(a)
(b)
1.1Applicability. This modification to Method 24 of appendix A of 40 CFR part 60 applies to the determination of volatile matter content of methacrylate multicomponent coatings used as traffic marking coatings.
1.2Principle. A known amount of methacrylate multicomponent coating is dispersed in a weighing dish using a stirring device before the volatile matter is removed by heating in an oven.
2.1 Prepare about 100 milliliters (mL) of sample by mixing the components in a storage container, such as a glass jar with a screw top or a metal can with a cap. The storage container should be just large enough to hold the mixture. Combine the components (by weight or volume) in the ratio recommended by the manufacturer. Tightly close the container between additions and during mixing to prevent loss of volatile materials. Most manufacturers’ mixing instructions are by volume. Because of possible error caused by expansion of the liquid when measuring the volume, it is recommended that the components be combined by weight. When weight is used to combine the components and the manufacturer's recommended ratio is by volume, the density must be determined by section 3.5 of Method 24 of appendix A of 40 CFR part 60.
2.2Immediately after mixing, take aliquots from this 100 mL sample for determination of the total volatile content, water content, and density. To determine water content, follow section 3.4 of Method 24 of appendix A of 40 CFR part 60. To determine density, follow section 3.5 of Method 24. To determine total volatile content, use the apparatus and reagents described in section 3.8.2 of Method 24 and the following procedures:
2.2.1Weigh and record the weight of an aluminum foil weighing dish and a metal paper clip. Using a syringe as specified in section 3.8.2.1 of Method 24, weigh to 1 milligrams (mg), by difference, a sample of coating into the weighing dish. For methacrylate multicomponent coatings used for traffic marking use 3.0
2.2.2Add the specimen and use the metal paper clip to disperse the specimen over the surface of the weighing dish. If the material forms a lump that cannot be dispersed, discard the specimen and prepare a new one. Similarly, prepare a duplicate. The sample shall stand for a minimum of 1 hour, but no more than 24 hours before being oven dried at 110
2.2.3Heat the aluminum foil dishes containing the dispersed specimens in the forced draft oven for 60 minutes at 110
2.2.4Remove the dishes from the oven, place immediately in a desiccator, cool to ambient temperature, and weigh to within 1 mg. After weighing, break up the film of the coating using the metal paper clip. Weigh dish to within 1 mg. Return to forced draft oven for an additional 60 minutes at 110
2.2.5Remove the dishes from the oven, place immediately in a desiccator, cool to ambient temperature, and weigh to within 1 mg.
2.2.6Run analyses in pairs (duplicate sets for each coating mixture until the criterion in section 4.3 of Method 24 of appendix A of 40 CFR part 60 is met. Calculate the weight of volatile matter for each heating period following Equation 24-2 of Method 24 and record the arithmetic average. Add the arithmetic average for the two heating periods to obtain the weight fraction of the volatile matter.
3.1Follow the procedures in Section 4 of Method 24 of appendix A to 40 CFR part 60.
3.2If more than 10 percent of the sample is lost when the sample is being broken up in 2.2.4, the sample is invalid.
Follow the calculation procedures in Section 5 of Method 24 of appendix A of 40 CFR part 60.
A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.
All changes in this volume of the Code of Federal Regulations which were made by documents published in the
For the period before January 1, 1986, see the “List of CFR Sections Affected, 1949-1963, 1964-1972, and 1973-1985” published in seven separate volumes.