Procedure 3 Direct Final - RMB Consulting & Research, Inc.
Contents
1. e Hand Delivery The EPA Docket Center EPA West Room 3334 1301 Constitution Ave NW Washington DC 20460 Such deliveries are only accepted during the Docket s normal hours of operation and special arrangements should be made for deliveries of boxed information Instructions Direct your comments to Docket ID No EPA HQ OAR 2010 0873 The EPA s policy is that all comments received will be included in the public docket without change and may be made available online at www regulations gov including any personal information provided unless the comment includes information claimed to be Confidential Business Information CBI or other information whose disclosure is restricted by statute Do not submit information that you consider to be CBI or otherwise protected through www regulations gov or email The www regulations gov Web site is an anonymous access system which means the EPA will not know your identity or contact information unless you provide it in the body of your comment If you send an email comment directly to the EPA without going through www regulations gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet If you submit an electronic comment the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit2. F 8160 Federal Register Vol 77 No 30 Tuesday February 14 2012 Rules and Regulations Subpart E Special Information Sharing Procedures To Deter Money Laundering and Terrorist Activity 1029 500 General Loan or finance companies are subject to the special information sharing procedures to deter money laundering and terrorist activity requirements set forth and cross referenced in this subpart Loan or finance companies should also refer to subpart E of part 1010 of this chapter for special information sharing procedures to deter money laundering and terrorist activity contained in that subpart which apply to loan or finance companies 1029 520 Special information sharing procedures to deter money laundering and terrorist activity for loan or finance companies a Refer to 1010 520 of this chapter b Reserved 1029 530 Reserved 1029 540 Voluntary information sharing among financial institutions a Refer to 1010 540 of this chapter b Reserved Subpart F Special Standards of Diligence Prohibitions and Special Measures for Loan or Finance Companies 1029 600 Reserved 1029 610 1029 620 Reserved Reserved 1029 630 Reserved 1029 640 1029 670 Reserved Reserved Dated February 6 2012 James H Freis Jr Director Financial Crimes Enforcement Network FR Doc 2012 3074 Filed 2 13 12 8 45 am BILLING CODE 4802 10 P ENVIRO
3. calibration check value of the new monitor has been updated in the associated data recording equipment 8 The overall calibration of the monitor and data recording equipment has been verified and 9 The user has documented all of the above in the maintenance log or in other appropriate permanently maintained records 10 7 When do out of control periods begin and end The out of control periods are as specified in section 3 1 10 8 What are the limitations on the use of my COMS data collected during out of control periods During the period your COMS is out of control you may not use your COMS data to calculate emission compliance or to meet minimum data capture requirements in this procedure or the applicable regulation 10 9 What are the QA QC reporting requirements for my COMS You must report the accuracy results from section 10 0 for your COMS at the interval specified in this procedure or the applicable regulation You must report the drift and accuracy information as a Data Assessment Report DAR and include one copy of this DAR for each quarterly audit with the report of emissions required under the applicable regulation An example DAR is provided in Procedure 1 Appendix F of this part 10 10 What minimum information must I include in my DAR At a minimum you must include the information listed in paragraphs 1 through 5 of this section in the DAR 1 Your name and address 2 Identification and location o
4. referenced the 1998 version only III Statutory and Executive Order Reviews A Executive Order 12866 Regulatory Planning and Review and Executive Order 13563 Improving Regulation and Regulatory Review This action is not a significant regulatory action under the terms of Executive Order 12866 58 FR 51735 October 4 1993 and is therefore not subject to review under Executive Orders 12866 and 13563 76 FR 3821 January 21 2011 B Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44 U S C 3501 et seq Burden is defined at 5 CFR 1320 3 b These quality assurance procedures do not add information collection requirements beyond those currently required under the applicable regulations C Regulatory Flexibility Act The Regulatory Flexibility Act RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities Small entities include small businesses small organizations and small governmental jurisdictions For purposes of accessing the impacts of this rule on small entities small entity is defined as 1 A small business as defined by the Small Business
5. sampling procedures and business practices that are developed or adopted by voluntary consensus standards bodies NTTAA directs the EPA to provide Congress through OMB explanations when the Agency decides not to use available and applicable voluntary consensus standards This action does not involve technical standards Therefore the EPA did not consider the use of any voluntary consensus standards J Executive Order 12898 Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Executive Order EO 12898 59 FR 7629 Feb 16 1994 establishes federal executive policy on environmental justice Its main provision directs federal agencies to the greatest extent practicable and permitted by law to make environmental justice part of their mission by identifying and addressing as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority populations and low income populations in the United States The EPA has determined that this direct final rule will not have disproportionately high and adverse human health or environmental effects on minority or low income populations because it does not affect the level of protection provided to human health or the environment This rule does not relax the control measures on sources regulated by the rule and therefore will not cause emissions increases fro
6. 3 percent opacity adjust the clear path zero based on the lowest opacity reading recorded during the 2 hour period There must be no adjustments to the monitor other than the establishment of the proper monitor path length and correct optical alignment of the COMS components You must record the COMS response to a clear condition and to the COMS s simulated zero condition as percent opacity corrected to stack exit conditions For a COMS with automatic zero compensation you must disconnect or disable the zero compensation mechanism or record the amount of correction applied to the COMS s simulated zero condition The response difference in percent opacity to the clear path and simulated zero conditions must be recorded as the zero alignment error You must adjust the COMS s simulated zero device to provide the same response as the clear path condition as specified in paragraph 3 of section 10 0 You must perform the zero alignment audits with the COMS off the stack at least every three years 2 As an alternative monitors capable of allowing the installation of an external zero device commonly referred to as zero jig may use the device for the zero alignment provided that the zero jig setting has been established for the monitor path length and recorded for the specific COMS by comparison of the COMS responses to the installed zero jig and to the clear path condition and the zero jig is demonstrated to be capable of produci
7. Administration s SBA regulations at 13 CFR 121 201 2 a small governmental jurisdiction that is a government of a city county town school district or special district with a population of less than 50 000 and 3 a small organization that is any not for profit enterprise which is independently owned and operated and is not dominant in its field After considering the economic impacts of this rule on small entities I 8162 Federal Register Vol 77 No 30 Tuesday February 14 2012 Rules and Regulations certify that this action will not have a significant economic impact on a substantial number of small entities This final rule will not impose any requirements on small entities This action establishes quality assurance procedures for continuous opacity monitoring systems used to demonstrate continuous compliance with opacity standards as specified in federally enforceable regulations and does not impose additional regulatory requirements on sources D Unfunded Mandates Reform Act This rule does not contain a federal mandate that may result in expenditures of 100 million or more for State local and tribal governments in the aggregate or the private sector in any one year Rules establishing quality assurance requirements impose no costs independent from national emission standards which require their use and such costs are fully reflected in the regulatory impact assessment for those emission standards
8. Division Measurement Technology Group Mail Code E143 02 Research Triangle Park NC 27711 telephone number 919 541 2910 fax number 919 541 0516 email address melton lula epa gov SUPPLEMENTARY INFORMATION Table of Contents I General Information A Why is the EPA using a direct final rule B Does this action apply to me C Where can I obtain a copy of this action D Judicial Review Il This Action HI Statutory and Executive Order Reviews A Executive Order 12866 Regulatory Planning and Review and Executive Order 13563 Improving Regulation and Regulatory Review B Paperwork Reduction Act C Regulatory Flexibility Act D Unfunded Mandates Reform Act Federal Register Vol 77 No 30 Tuesday February 14 2012 Rules and Regulations 8161 E Executive Order 13132 Federalism F Executive Order 13175 Consultation and Coordination with Indian Tribal Governments G Executive Order 13045 Protection of Children from Environmental Health Risks and Safety Risks H Executive Order 13211 Actions Concerning Regulations that Significantly Affect Energy Supply Distribution or Use I National Technology Transfer and Advancement Act J Executive Order 12898 Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations K Congressional Review Act I General Information A Why is the EPA using a direct final rule The EPA is publishing this rule without a p
9. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification the EPA may not be able to consider your comment Electronic files should avoid the use of special characters any form of encryption and be free of any defects or viruses For additional information about the EPA s public docket visit the EPA Docket Center homepage at http www epa gov epahome dockets htm Docket All documents in the docket are listed in the www regulations gov index Although listed in the index some information is not publicly available e g CBI or other information whose disclosure is restricted by statute Certain other material such as copyrighted material will be publicly available only in hard copy Publicly available docket materials are available either electronically in www regulations gov or in hard copy at the Procedure 3 Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources Docket EPA DC EPA West Room 3334 1301 Constitution Ave NW Washington DC The Docket Facility and Public Reading Room are open from 8 30 a m to 4 30 p m Monday through Friday excluding legal holidays The telephone number for the Air Docket is 202 566 1742 and the telephone number for the Public Reading Room is 202 566 1744 FOR FURTHER INFORMATION CONTACT Ms Lula H Melton U S EPA Office of Air Quality Planning and Standards Air Quality Assessment
10. MS has been initially certified 2 0 What are the basic functions of Procedure 3 The basic functions of Procedure 3 are assessment of the quality of your COMS data and control and improvement of the quality of the data by implementing QC requirements and corrective actions Procedure 3 provides requirements for 1 Daily instrument zero and upscale drift checks as well as daily status indicators checks 2 Quarterly performance audits which include the following assessments i Optical alignment ii Calibration error iii Zero compensation and 3 Annual zero alignment Sources that consistently achieve quality assured data may request a semi annual audit frequency by submitting the request in writing to the Administrator 3 0 What special definitions apply to Procedure 3 The definitions in Procedure 3 include those provided in Performance Specification 1 PS 1 of Appendix B and ASTM D 6216 98 03 07 and the following additions 3 1 Out of control periods Out of control periods mean that one or more COMS parameters falls outside of the acceptable limits established by this rule 1 Daily Assessments Whenever the calibration drift CD exceeds twice the specification of PS 1 the COMS is out of control The beginning of the out of control period is the time corresponding to the completion of the daily calibration drift check The end of the out of control period is the time corresponding to the co
11. NMENTAL PROTECTION AGENCY 40 CFR Part 60 EPA HQ OAR 2010 0873 FRL 9630 7 RIN 2060 AH23 Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources AGENCY Environmental Protection Agency EPA ACTION Direct final rule SUMMARY The EPA is taking direct final action to establish quality assurance and quality control QA QC procedures for continuous opacity monitoring systems COMS used to demonstrate continuous compliance with opacity standards in federally enforceable regulations This action is necessary because we do not currently have QA QC procedures for COMS This action would require COMS used to demonstrate continuous compliance to meet these procedures referred to as Procedure 3 DATES This rule is effective on April 16 2012 without further notice unless the EPA receives adverse comment by March 15 2012 If the EPA receives adverse comment we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect ADDRESSES Submit your comments identified by Docket ID No EPA HQ OAR 2010 0873 by one of the following methods e www regulations gov Follow the on line instructions for submitting comments e Email a and r docket epa gov e Fax 202 566 9744 e Mail Attention Docket ID No EPA HQ OAR 2010 0873 Environmental Protection Agency Mailcode 2822T 1200 Pennsylvania Ave NW Washington DC 20460
12. PartnerVetting usaid gov SUPPLEMENTARY INFORMATION A Background USAID s final rule exempting portions of the Partner Vetting System PVS from provisions of the Privacy Act of 1974 went into effect on August 4 2009 after several extensions the most recent of which was published on May 6 2009 74 FR 20871 Although USAID did not further extend the effective date the agency did not implement PVS at that time in order to allow additional input from interested parties and to allow PVS to be applied to both assistance and acquisitions Before the agency determines whether to implement PVS on a world wide basis USAID is launching a PVS pilot program to determine the costs and benefits of implementing PVS more broadly At the conclusion of the pilot program State and USAID will determine whether it is necessary to implement PVS more broadly and or make changes to the risk based model it employs In order to apply PVS to USAID acquisitions USAID is amending 48 CFR Chapter 7 which is USAID s procurement regulation USAID published a Notice of Proposed Rulemaking NPRM in the Federal Register on June 26 2009 74 FR 30494 with a public comment period of 60 days closing on August 25 2009 During the 60 day comment period USAID received comments from five separate respondents All respondents expressed concerns about to completion of the 7 day drift test will be considered as valid provided that the first 7 day drift test
13. Thus this rule is not subject to the requirements of sections 202 or 205 of UMRA This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments This action simply establishes quality assurance procedures for continuous opacity monitoring systems used to demonstrate continuous compliance with opacity standards as specified in federally enforceable regulations E Executive Order 13132 Federalism This action does not have federalism implications It will not have substantial direct effects on the States on the relationship between the national government and the States or on the distribution of power and responsibilities among the various levels of government as specified in Executive Order 13132 This action establishes quality assurance procedures for continuous opacity monitoring systems used to demonstrate continuous compliance with opacity standards as specified in federally enforceable regulations Thus Executive Order 13132 does not apply to this action F Executive Order 13175 Consultation and Coordination with Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175 65 FR 67249 November 9 2000 This action establishes quality assurance procedures for continuous opacity monitoring systems used to demonstrate continuous compliance with
14. Vol 77 No 30 Tuesday February 14 2012 Rules and Regulations 8163 Procedure 3 Quality Assurance Requirements for Continuous Opacity Monitoring Systems at Stationary Sources 1 0 What are the purpose and applicability of Procedure 3 The purpose of Procedure 3 is to establish quality assurance and quality control QA QC procedures for continuous opacity monitoring systems COMS Procedure 3 applies to COMS used to demonstrate continuous compliance with opacity standards in federally enforceable regulations 1 1 What are the data quality objectives of Procedure 3 The overall data quality objective DQO of Procedure 3 is the generation of valid and representative opacity data Procedure 3 specifies the minimum requirements for controlling and assessing the quality of COMS data submitted to us or the delegated regulatory agency Procedure 3 requires you to perform periodic evaluations of a COMS performance and to develop and implement QA QC programs to ensure that COMS data quality is maintained 1 2 What is the intent of the QA QC procedures specified in Procedure 3 Procedure 3 is intended to establish the minimum QA QC requirements to verify and maintain an acceptable level of quality of the data produced by COMS It is presented in general terms to allow you to develop a program that is most effective for your circumstances 1 3 When must I comply with Procedure 3 You must comply with Procedure 3 after your CO
15. criminal proceedings brought by the EPA to enforce these requirements II This Action This direct final rule codifies Procedure 3 in 40 CFR part 60 Appendix F Procedure 3 establishes quality assurance and quality control procedures for continuous opacity monitoring systems used to demonstrate continuous compliance with opacity standards in federally enforceable regulations More specifically Procedure 3 provides requirements for daily instrument zero and upscale drift checks daily status indicator checks quarterly performance audits annual zero alignment audits and corrective action for malfunctioning COMS On May 8 2003 we published a proposed rule to codify Procedure 3 However due to other priorities we did not finalize Procedure 3 after the comment period ended July 7 2003 Public comments received on the May 8 2003 proposal have been considered in this action Most of the comments on the 2003 proposal required us to provide clarifications and updates For example several commenters were confused by the wording of the applicability statement in the 2003 proposal We revised the applicability statement in the direct final rule to remove the ambiguity The direct final rule references the 1998 2003 and 2007 versions of the American Society of Testing and Materials Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performance Specifications whereas the 2003 proposal
16. dence interval for the difference between the expected and actual responses of the monitor as corrected to stack exit conditions The equations necessary to perform the calculations are found in section 12 0 of PS 1 For the calibration error method you must use the external audit device You must confirm that the external audit device produces a zero value within one percent opacity 3 You must check the optical alignment of the COMS The optical alignment should be checked when the stack temperature is 50 percent of the typical operating temperature in degrees Farenheit 10 3 What are the annual auditing requirements for my COMS 1 You must perform the primary zero alignment method under clear path conditions The COMS may be removed from its installation and setup under clear path conditions or if the process is not operating and the monitor path is free of particulate matter the zero alignment may be conducted at the installed site Determining if the monitor path is free of particulate matter can be accomplished by but is not limited to the following procedure observe the instantaneous or one minute average opacity for at least two hours prior to the clear path adjustment open the reflector or detector housing and observe the projected light beam and look for the presence of forward scattered light halo effect if the beam observation reveals no perceptible particulate and the 2 hour readings do not vary more than
17. ed to optical detectors associated with the opacity measurement reference beam s spectrally selective optical filters beam splitters internal zero and or upscale reference reflective or transmissive materials electro optical light switches retro reflectors adjustable apertures used on external zero devices or reflectors lenses which have an adjustable mount circuit boards which are not completely interchangeable and or require unique adjustments for the specific analyzer with such repairs to include the maintenance procedures required to ensure that the analyzer is appropriately setup 5 Rebuilt or Refurbished Analyzers Rebuilt or refurbished analyzers include analyzers for which a major sub assembly has been replaced or multiple lesser sub assemblies with different revision levels from the original have been replaced and or modified This also includes major changes to the analyzer measurement detection and processing hardware or software 10 6 What requirements must I meet if I use a substitute opacity monitor In the event that your certified opacity monitor has to be removed for extended service you may install a temporary replacement monitor to obtain required opacity emissions data provided that 1 The temporary monitor has been certified according to ASTM D 6216 98 03 07 for which a manufacturer s certificate of conformance MCOC has been provided 2 The use of the temporary m
18. f your COMS s 3 Manufacturer model and serial number of your COMS s 4 Assessment of COMS data accuracy acceptability and date of assessment as determined by a performance audit described in section 10 0 If the accuracy audit results show your COMS to be out of control you must report both the audit results showing your COMS to be out of control and the results of the audit following corrective action showing your COMS to be operating within specifications and 5 Summary of all corrective actions you took when you determined your COMS was out of control 10 11 Where and how long must I retain the QA data that this procedure requires me to record for my COMS You must keep the records required by this procedure for your COMS onsite and available for inspection by us the State and or the local enforcement agency for the period specified in the regulations requiring the use of COMS 11 0 What analytical procedures apply to this procedure Reserved 12 0 What calculations and data analysis must I perform for my COMS The calculations required for the performance audit are in section 12 0 of PS 1 13 0 Method Performance Reserved 14 0 Pollution Prevention Reserved 15 0 Waste Management Reserved 16 0 References 16 1 Performance Specification 1 Specifications and Test Procedures for Continuous Opacity Monitoring Systems in Stationary Sources 40 CFR part 60 Appendix B 16 2 ASTM D 6216 98 03 07 S
19. g quality data if you fail two consecutive annual audits two consecutive quarterly audits or five consecutive daily checks If this occurs you must either revise your QC procedures or repair or replace the COMS to correct the deficiencies causing the audit failures If you determine that your COMS requires extensive repairs you may use a substitute COMS provided the substitute meets the requirements in section 10 6 10 0 What calibration and standardization procedures must I perform for my COMS 1 You must perform routine system checks to ensure proper operation of system electronics and optics light and radiation sources and detectors electric or electro mechanical systems and general stability of the system calibration 2 You must subject your COMS to a performance audit to include checks of the individual COMS components and factors affecting the accuracy of the monitoring data at least once per calendar quarter 3 At least annually you must perform a zero alignment by comparing the COMS simulated zero to the actual clear path zero The simulated zero device produces a simulated clear path condition or low level opacity condition where the energy reaching the detector is between 90 and 110 percent of the energy reaching the detector under actual clear path conditions 10 1 What routine system checks must I perform on my COMS Necessary components of the routine system checks will depend on the design details of you
20. is USAID s intent to implement PVS and reiterated objections raised during and after the public comment period when USAID established the PVS as a new system of records 72 FR 39042 and exempted portions of PVS from one or more provisions of the Privacy Act 74 FR 9 However since comments of this nature are outside the scope of the Proposed Rule we are not addressing them in this Final Rule Only those comments directly addressing the proposed amendments to the AIDAR and our responses are discussed below B Summary of the Final Rule USAID is issuing a final rule amending 48 CFR Chapter 7 as described in the proposed rule with some modifications in response to the public comments received This final rule implements the partner vetting system for USAID acquisitions by adding a new subpart 704 70 to 48 CFR AIDAR with an associated solicitation provision and contract clause in 48 CFR AIDAR Part 752 Additionally this final rule amends 48 CFR AIDAR Parts 713 714 and 715 716 and adds a new Part 744 to include reference to the requirements at 48 CFR AIDAR Subpart 704 70 C Discussion of Comments USAID received comments and suggestions from five organizations on its proposed rule to amend 48 CFR Chapter 7 which would enable USAID to apply the Partner Vetting System to USAID acquisitions While some of the comments and suggestions received did
21. m these sources K Congressional Review Act The Congressional Review Act 5 U S C 801 et seq as added by the Small Business Regulatory Enforcement Fairness Act of 1996 generally provides that before a rule may take effect the agency promulgating the rule must submit a rule report which includes a copy of the rule to each House of the Congress and to the Comptroller General of the United States The EPA will submit a report containing this rule and other required information to the U S Senate the U S House of Representatives and the Comptroller General of the United States prior to publication of the rule in the Federal Register A major rule cannot take effect until 60 days after it is published in the Federal Register This action is not a major rule as defined by 5 U S C 804 2 This rule will be effective April 16 2012 List of Subjects in 40 CFR Part 60 Air pollution control Environmental protection Continuous opacity monitoring Dated February 6 2012 Lisa P Jackson Administrator For the reasons stated in the preamble title 40 chapter I of the Code of Federal Regulations is amended as follows PART 60 AMENDED m 1 The authority citation for part 60 continues to read as follows Authority 42 U S C 7401 et seq m 2 Appendix F of part 60 is amended by adding Procedure 3 to read as follows Appendix F to Part 60 Quality Assurance Procedures Federal Register
22. mpletion of appropriate adjustment and subsequent successful CD assessment 2 Quarterly and Annual Assessments Whenever an annual zero alignment or quarterly performance audit indicates noncompliance with the criteria established in paragraphs 2 and 3 of section 10 4 the COMS is out of control The beginning of the out of control period is the time corresponding to the completion of the performance audit indicating noncompliance The end of the out of control period is the time corresponding to the completion of appropriate corrective actions and the subsequent successful audit or if applicable partial audit 4 0 What interferences must I avoid Opacity cannot be measured accurately in the presence of water droplets Thus COMS opacity compliance determinations cannot be made when water droplets are present such as downstream of a wet scrubber without a reheater or at other saturated flue gas locations 5 0 What do I need to know to ensure the safety of persons using Procedure 3 People using Procedure 3 may be exposed to hazardous materials operations and equipment Procedure 3 does not purport to address all of the safety issues associated with its use It is your responsibility to establish appropriate health and safety practices and determine the applicable regulatory limitations before performing this procedure You should consult the COMS user s manual for specific precautions to take 6 0 What equipment a
23. nd supplies do I need The equipment and supplies that you need are specified in PS 1 7 0 What reagents and standards do I need The reagents and standards that you need are specified in PS 1 8 0 What sample collection preservation storage and transport are relevant to this procedure Reserved 9 0 What quality control measures are required by this procedure for my COMS You must develop and implement a QC program for your COMS Your QC program must at a minimum include written procedures which describe in detail complete step by step procedures and operations for the activities in paragraphs 1 through 4 1 Procedures for performing drift checks including both zero and upscale drift and the status indicators check 2 Procedures for performing quarterly performance audits 3 A means of checking the zero alignment of the COMS and 4 A program of corrective action for a malfunctioning COMS The corrective action must include at a minimum the requirements specified in section 10 5 9 1 What QA QC documentation must I have You are required to keep the QA QC written procedures on record and available for inspection by us the State and or local enforcement agencies for the life of your COMS or until you are no longer subject to the requirements of this procedure 9 2 What are the consequences of failing QC audits Your QC procedures are deemed to be inadequate or your COMS incapable of providin
24. ng a consistent zero response when it is repeatedly i e three consecutive installations and removals prior to conducting the final zero alignment check installed on the COMS This can be demonstrated by either the MCOC or actual on site performance The zero jig setting must be permanently set at the time of initial zeroing to the clear path zero value and protected when not in use to ensure that the setting equivalent to zero opacity does not change The zero jig response must be checked and recorded prior to initiating the zero alignment If the zero jig setting has changed you must remove the COMS from the stack in order to reset the zero jig If you employ a zero jig you must perform the zero alignment audits with the COMS off the stack at least every three years If the zero jig is adjusted within the three year period you must perform the zero alignment with the COMS off the stack no later than three years from the date of adjustment 3 The procedure in section 6 8 of ASTM D 6216 98 03 07 is allowed 4 Other alternatives that verify that the zero optical adjustment is 3 percent opacity are also allowed 10 4 What are my limits for excessive audit inaccuracy Unless specified otherwise in the applicable subpart the criteria for excessive inaccuracy are listed in paragraphs 1 through 4 of this section 1 What is the criterion for excessive zero or upscale drift Your COMS is out of control if either the zero drif
25. onitor does not exceed 720 hours 30 days of operation per year as a replacement for a fully certified 17 1 TABLE 17 1 DIAGNOSTIC TESTS REQUIRED AFTER VARIOUS REPAIRS opacity monitor After that time the analyzer must complete a full certification according to PS 1 prior to further use as a temporary replacement monitor Once a temporary replacement monitor has been installed and required testing and adjustments have been successfully completed it cannot be replaced by another temporary replacement monitor to avoid the full PS 1 certification testing required after 720 hours 30 days of use 3 The temporary monitor has been installed and successfully completed an optical alignment assessment and status indicator assessment 4 The temporary monitor has successfully completed an off stack clear path zero assessment and zero calibration value adjustment procedure 5 The temporary monitor has successfully completed an abbreviated zero and upscale drift check consisting of seven zero and upscale calibration value drift checks which may be conducted within a 24 hour period with not more than one calibration drift check every three hours and not less than one calibration drift check every 25 hours Calculated zero and upscale drift requirements are the same as specified for the normal PS 1 certification 6 The temporary monitor has successfully completed a three point calibration error test 7 The upscale reference
26. opacity standards as specified in federally enforceable regulations It does not add any emission limits and does not affect pollutant emissions or air quality Thus Executive Order 13175 does not apply to this action G Executive Order 13045 Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets EO 13045 62 FR 19885 April 23 1997 as applying only to those regulatory actions that concern health or safety risks such that the analysis required under section 5 501 of the EO has the potential to influence the regulation This action is not subject to EO 13045 because it does not establish an environmental standard intended to mitigate health or safety risks H Executive Order 13211 Actions Concerning Regulations That Significantly Affect Energy Supply Distribution or Use This action is not subject to Executive Order 13211 66 FR 28355 May 22 2001 because it is not a significant regulatory action under Executive Order 12866 I National Technology Transfer and Advancement Act Section 12 d of the National Technology Transfer and Advancement Act of 1995 NTTAA Public Law 104 113 12 d 15 U S C 272 note directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical Voluntary consensus standards are technical standards e g materials specifications test methods
27. ostic indicators You must take appropriate corrective action based on the manufacturer s recommendations when the COMS is operating outside preset limits All COMS data recorded during periods in which the fault status indicators are illuminated are to be considered invalid 10 2 What are the quarterly auditing requirements for my COMS At a minimum the parameters listed in paragraphs 1 through 3 of this section must be included in the quarterly performance audit 1 For units with automatic zero compensation you must determine the zero compensation for the COMS The value of the zero compensation applied at the time of the audit must be calculated as equivalent opacity and corrected to stack exit conditions according to the procedures specified by the manufacturer The compensation applied to the effluent recorded by the monitor system must be recorded 2 You must conduct a three point calibration error test of the COMS For either calibration error test method identified below three neutral density filters meeting the requirements of PS 1 must be placed in the COMS light beam path for at least three nonconsecutive readings All monitor responses must then be independently recorded from the COMS permanent data recorder Additional guidance for conducting this test is included in section 8 1 3 ii of PS 1 The low mid and high range calibration error results must be computed as the mean difference and 95 percent confi
28. ponents the unique characteristics of which do not materially affect the performance of the monitor These components include but are not limited to resistors capacitors inductors transformers semiconductors such as discrete components and integrated circuits brackets and machined parts not associated with internal optical components cabling and connectors Federal Register Vol 77 No 30 Tuesday February 14 2012 Rules and Regulations 8165 electro mechanical components such as relays solenoids motors switches blowers pressure flow indicators tubing indicator lights software with the same version and or revision level glass windows uncoated or anti reflection coated but with no curvature lenses with mounts where such mounts are not adjustable as installed circuit boards where such boards are interchangeable and without unique adjustments except offset and gain adjustments for the specific analyzer of the same model with such repairs to include the maintenance procedures required to ensure that the analyzer is appropriately setup 3 Primary Measurement Light Source Repair or replace the primary measurement light source 4 Measurement Critical Repairs Measurement critical repairs include repair and or replacement of measurement sensitive components the unique characteristics of which may materially affect the performance of the monitor These components include but are not limit
29. quirements in section 10 6 10 5 What corrective action must I take if my COMS is malfunctioning You must have a corrective action program in place to address the repair and or maintenance of your COMS There are four classes of maintenance and repair procedures to be considered as described in paragraphs 1 through 4 of this section They may be performed at the manufacturer s facility a service provider s facility the user s instrument laboratory or at the stack duct at the discretion of the owner operator and within the recommendation of the manufacturer They must be performed by persons either skilled and or trained in the operation and maintenance of the analyzer After the repair maintenance of your COMS you must ensure that the COMS is still in compliance with PS 1 Table 17 1 outlines the tests required to maintain PS 1 certification 1 Routine Preventative Maintenance Routine preventative maintenance includes the routine replacement of consumables cleaning of optical surfaces and adjustment of monitor operating parameters as needed to maintain normal operation Replacement of consumables that have the possibility of adversely affecting the performance of an analyzer may cause the nature of the maintenance procedure to fall within one of the classifications described below 2 Measurement Non Critical Repairs Measurement non critical repairs include repair and or replacement of standard non critical com
30. r COMS At a minimum you must verify the system operating parameters listed in paragraphs 1 through 3 of this section on a daily basis Some COMS may perform one or more of these functions automatically or as an integral portion of unit operations other COMS may perform one or more of these functions manually 1 You must check the zero drift to ensure stability of your COMS response to the simulated zero device The simulated zero device an automated mechanism within the transmissometer that produces a simulated clear path condition or low level opacity condition is used to check the zero drift You must at a minimum take corrective action on your COMS whenever the daily zero drift exceeds twice the applicable drift specification in PS 1 2 You must check the upscale drift to ensure stability of your COMS response to the upscale drift value The upscale calibration device an automated mechanism employing a filter or reduced reflectance device within the transmissometer that produces an upscale opacity value is used to check the upscale drift You must at a minimum take corrective action on your COMS whenever the daily upscale drift check exceeds twice the applicable drift specification in PS 1 8164 Federal Register Vol 77 No 30 Tuesday February 14 2012 Rules and Regulations 3 You must at a minimum check the status indicators data acquisition system error messages and other system self diagn
31. r days of completion of the repair and that other QA requirements are met during this time period zero jig response or recalibration of the same after the off stack clear path zero has been re established successful that it is completed within 14 3 Requires verification of the external FR Doc 2012 3379 Filed 2 13 12 8 45 am BILLING CODE 6560 50 P AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Parts 704 713 714 715 716 744 and 752 RIN 0412 AA63 Partner Vetting in USAID Acquisitions AGENCY United States Agency for International Development ACTION Final rule SUMMARY The U S Agency for International Development USAID is implementing a pilot for a Partner Vetting System for USAID assistance and acquisition awards The purpose of the Partner Vetting System is to help ensure that USAID funds and other resources do not inadvertently benefit individuals or entities that are terrorists supporters of terrorists or affiliated with terrorists while also minimizing the impact on USAID programs and its implementing partners We are amending the USAID Acquisition Regulations AIDAR regulations in order to apply the Partner Vetting System to USAID acquisitions for the pilot and any subsequent implementation of PVS that is determined appropriate DATES This final rule is effective on March 15 2012 FOR FURTHER INFORMATION CONTACT Michael Gushue Telephone 202 567 4678 Email AIDAR
32. r repair pri ight source uniformity an 2 R ir pri X X X X X X X Light iformit d mary measurement light position are key source to many performance parameters 3 Replace or repair com x X MK Gsteitereeete ts x See text description sec ponents which are tion 10 5 2 measurement noncritical 4 Replace or repair com X X X X X X X s X lt See test description sec ponents which are tion 10 5 3 measurement critical 5 Replace or repair com x x X x X Includes changes of com ponents which are ponents involving data measurement critical but acquisition and record do not involve optical or ing electro optical compo nents ebuild or substantially ee text description sec 6 Rebuild bstantiall X See text d ipti refurbish the analyzer tion 10 5 4 ange to or addition ignificant changes whic 7 Change t dditi X X Significant ch hich of analyzer components are not part of the which may affect MCOC MCOC designated con specified performance figuration parameters Notes 1 Optical alignment indicator assessment requires the operator to verify during an off the stack clear path zero assessment that the beam is centered on the reflector retro reflector when the alignment indicator indicates on axis centered alignment If not the analyzer optical train must be adjusted until this condition is met 2 7 Day zero and upscale drift assessment Opacity measurement data recorded prio
33. rior proposed rule because we view this as a non controversial action and anticipate no adverse comment This action establishes QA QC procedures for continuous opacity monitoring systems used to demonstrate continuous compliance with opacity standards in federally enforceable regulations We believe that these QA QC procedures are reasonable and that they can be met by any well maintained and operated COMS Furthermore the procedures were developed based on input provided by the affected parties On May 8 2003 we published a proposed rule to codify QA QC procedures for COMS i e Procedure 3 Due to other priorities we did not finalize Procedure 3 but public comments received on the proposal have been considered in this action This rule also takes into account changes in technology since 2003 In the Proposed Rules section of this Federal Register we are publishing a separate document that will serve as the proposed rule if relevant adverse comments are received on this direct final rule We will not institute a second comment period on this action Any parties interested in commenting must do so at this time For further information about commenting on this rule see the ADDRESSES section of this document If the EPA receives adverse comment we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect We would address all public comments in any
34. subsequent final rule based on the proposed rule B Does this action apply to me Procedure 3 applies to COMS used to demonstrate continuous compliance with opacity standards in federally enforceable regulations C Where can I obtain a copy of this action In addition to being available in the docket an electronic copy of this rule will also be available on the Worldwide Web www through the Technology Transfer Network TTN Following the Administrator s signature a copy of the final rule will be placed on the TTN s policy and guidance page for newly proposed or promulgated rules at http www epa gov ttn oarpg The TTN provides information and technology exchange in various areas of air pollution control A redline strikeout document that compares this final rule to the proposed rule has also been added to the docket D Judicial Review Under section 307 b 1 of the Clean Air Act CAA judicial review of this direct final rule is available by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by April 16 2012 Under section 307 d 7 B of the CAA only an objection to this direct final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review Moreover under section 307 b 2 of the CAA the requirements that are the subject of this direct final rule may not be challenged later in civil or
35. t check or upscale drift check exceeds twice the applicable drift specification in PS 1 for any one day 2 What is the criterion for excessive zero alignment Your COMS is out of control if the zero alignment error exceeds 2 percent opacity 3 What is the criterion to pass the quarterly performance audit Your COMS is out of control if the results of a quarterly performance audit indicate noncompliance with the following criteria i The optical alignment misalignment error exceeds 3 percent opacity ii The zero compensation exceeds 4 percent opacity or iii The calibration error exceeds 3 percent opacity 4 What is the criterion for data capture The data capture will be considered insufficient if your COMS fails to obtain valid opacity data for at least 95 percent of your operating hours per calendar quarter considering COMS downtime for all causes e g monitor malfunctions data system failures preventative maintenance unknown causes etc except for downtime associated with routine zero and upscale checks and QA QC activities required by this procedure Whenever less than 95 percent of the valid data averages are obtained you must either i Perform additional QA QC activities as deemed necessary to ensure acceptable data capture or ii Determine if the COMS is functioning properly If your COMS is malfunctioning you may use a substitute COMS until repairs are made provided the substitute meets the re
36. tandard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performance Specifications American Society for Testing and Materials ASTM 17 0 What Tables Diagrams Flowcharts and Validation Data Are Relevant to This Procedure Optical Clear Averaging 7 Day New Optical alignment Zero cali Peace Upscale Calibra Paulo period zoro and Recertify les Description of event align assess bration zro as tion ton erior cator calcul ase oper ATM D Comments ment sessment check check recordin check 6216 98 Note 1 Note 3 I Note 2 07 1 Replace or repair com x X X X Includes replacement of ponents described as routine and or preventa tive maintenance blower cleaning optical surfaces resetting ad justable parameters to maintain normal per formance etc 8166 Federal Register Vol 77 No 30 Tuesday February 14 2012 Rules and Regulations 17 1 TABLE 17 1 DIAGNOSTIC TESTS REQUIRED AFTER VARIOUS REPAIRS Continued Optical Clear Averaging 7 Day New 4 alignment path off Upscale ira Fault sta i zero and MCOC Description of event ign indicator ra stack calibra onor tus indi kiris up scale R per Comments P a assess check zero as tion check cator tion and drift pot ASTM D ment sessment check check recordin check 6216 98 Note 1 Note 3 g Note 2 07 eplace o
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