Читать книгу Continuous Emission Monitoring - James A. Jahnke - Страница 26

U.S. federal stationary source emissions standards and monitoring requirements are drafted by offices of the Environmental Protection Agency. The most important of these is the Office of Air Quality Planning and Standards (OAQPS), which developed the first CEM implementing rules and performance specifications in the early 1970s (U.S. EPA 1975). Other EPA offices have instituted CEM programs based on the original OAQPS regulations, modifying them for their own regulatory applications. Figure 2‐3 summarizes CEM regulatory programs that have been instituted.

In the United States, rules are first developed by the respective office and proposed in the Federal Register (FR), a document published on each government business day that includes regulatory proposals, promulgations, notices, and discussions concerning the rulemaking. After public hearings, comment, and revision, the regulations and requirements are promulgated and adopted into the U.S. Code of Federal Regulations (CFR). The CFR is a multivolume compendium of U.S. regulations for federal government agencies, which is revised annually to incorporate any new rules or changes in existing rules. It is the principle reference for environmental regulation in the United States.

Code of Federal Regulation citations are given in the format: (Title) CFR (Part). For example, 40 CFR 60 refers to the part of the code where the New Source Performance Standards (NSPS) are found. Performance specification test procedures for CEM systems are found in 40 CFR 60 Appendix B (U.S. EPA 2020c). Federal Register citations are given in the format: (Volume No.) FR (Page No.) (Date). As another example, the final performance specification test procedures 1–4 were published in the Federal Register in 1975 at 40 FR 46240 10/ 6/75. CFR publications can be found on http://www.ecfr.gov. Federal Register publications can be found on http://www.govinfo.gov/app/collection/fr. Federal Register publications can be useful by providing a background behind decisions that went into a final rule. Preambles to final rules include EPA’s responses to comments submitted on the proposed rule on which the final rule is based. Most of the rules do not stand alone and refer to other rules, test methods, monitoring specifications, and quality assurance requirements in other subparts and/or appendices of the Code of Federal Regulations.

Once promulgated, implementing rules may be amended or superseded by subsequent rules. This can create some confusion, particularly when rules overlap, as has been the case with the acid rain rules of 40 CFR 75 and the New Source Performance Standards of 40 CFR 60. Because the source‐specific standards are written at different times by different people, the formats, terminology, and specifications are sometimes inconsistent between the different standards. Although there are periodic attempts to harmonize the rules, inconsistencies often remain.