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| EPA/AR | RIN: 2060-AQ06 | Publication ID: Spring 2011 |
| Title: Amendments to the Protocol Gas Verification Program, and Minimum Competency Requirements for Air Emission Testing | |
| Abstract: This rule amends two provisions in 40 CFR part 75 (emission monitoring for cap and trade programs): (1) a Protocol Gas Verification Program (PGVP) to better ensure the accuracy of calibration gases used by affected sources and regulatory agencies; and (2) minimum competency requirements for Air Emission Testing Bodies (AETB) also known as stack test companies, when performing stack testing under 40 CFR Part 75. These two provisions were originally published in the FR as a final rule on January 24, 2008, but EPA was sued on both provisions. The amendments are described below. The old PGVP provision was alleged to have violated the Miscellaneous Receipts Act by improperly augmenting EPA's appropriation in arranging for payment of a formerly Agency funded audit program with private funds and a key document was not in the docket. The amended PGVP provision remedies these averred deficiencies by providing for payment to the National Institute of Standards and Technology which has statutory authority to receive such funds, and by ensuring that all relevant material will be placed in the docket. The old AETB provision allegedly placed enforceable competency requirements on affected sources which did not have total control in implementing those requirements and which further allegedly provided insufficient time for power plants with in-house stack test teams to comply. The amended AETB provision relies on certain documentation provided at the time of stack testing as sufficient proof of validity of test data that otherwise meets the requirements of Part 75, and extends the compliance deadline. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 40 CFR 72.2 (Revision) 40 CFR 75.4 (Revision) 40 CFR 75.6 (Revision) 40 CFR 75.21 (Revision) 40 CFR 75.22 (Revision) 40 CFR 75.47 (Revision) 40 CFR 75.53 (Revision) 40 CFR 75.57 (Revision) 40 CFR 75.58 (Revision) 40 CFR 75.59 (Revision) 40 CFR 75.62 (Revision) 40 CFR 75.63 (Revision) 40 CFR 75.64 (Revision) 40 CFR 75 app A (Revision) 40 CFR 75 app B (Revision) 40 CFR 75 app E (Revision) | |
| Legal Authority: 42 USC 7601 and 7651, et seq | |
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Legal Deadline:
None |
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Timetable:
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| Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b00200; EPA Docket information: EPA-HQ-OAR-2009-0837 | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: http://www.epa.gov/airmarkets/emissions/pgvp.html | |
| Sectors Affected: 221112 Fossil Fuel Electric Power Generation | |
| RIN Data Printed in the FR: No | |
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Agency Contact: John Schakenbach Environmental Protection Agency Air and Radiation 6204J, Washington, DC 20460 Phone:202 343-9158 Email: Schakenbach.John@epamail.epa.gov Ragan Tate Environmental Protection Agency Air and Radiation 2344A, Washington, DC 20460 Phone:202 564-7382 Email: Tate.Ragan@epamail.epa.gov |
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