On March 10, 2011, EPA issued revisions to 40 CFR Part 75 and has submitted the rule for publication in the Federal Register. There are three primary revisions to Part 75. First, EPA removed the mercury monitoring, record-keeping and reporting provisions associated with the Clean Air Mercury Rule (CAMR) which was vacated by the D.C. Circuit Court of Appeals in February 2008. This will likely cause further confusion for State-specific mercury rules which simply referenced Part 75 for the installation, certification and operation of mercury monitoring systems.
Secondly, Part 75 now includes a requirement that all Part 75 relative accuracy test audits (RATAs), Appendix E NO x correlation testing and low mass emission (LME) unit testing be conducted by an Air Emissions Testing Body (AETB). This requirement will become effective 365 days after the date that the rule is published in the Federal Register. This requirement applies to both test contractors as well as internal testing groups.
Thirdly, Part 75 includes a requirement that Part 75 affected sources purchase EPA Protocol Gases from manufacturers that participate in EPA’s Protocol Gas Verification Program (PGVP) (or from a reseller that sells unaltered gas from a PGVP participant). This requirement will become effective 60 days after the rule is published in the Federal Register. However, the rule does allow “EPA Protocol gas cylinders certified by or ordered from any production site prior to 60 days from publication of the rule in the Federal Register to be used up.”
A copy of the 40 CFR Part revisions is available in our FTP library.
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