[Federal Register: April 14, 2003 (Volume 68, Number 71)]
[Proposed Rules]
[Page 18003-18005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap03-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[OAR-2002-0053, FRL-7476-6]
RIN 2060-AK35
Standards of Performance for Stationary Gas Turbines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: This action proposes amendments to several sections of the
standards of performance for stationary gas turbines in 40 CFR part 60,
subpart GG. The proposed amendments would codify several alternative
testing and monitoring procedures that have routinely been approved by
EPA. The proposed amendments would also reflect changes in nitrogen
oxides (NOX) emission control technologies and turbine
design since the standards were originally promulgated.
In the rules and regulations section of this Federal Register, we
are taking direct final action on the proposed amendments because we
view this action as noncontroversial, and we anticipate no adverse
comments. We have explained our reasons for the amendments in the
preamble to the direct final rule.
If we receive no adverse comments, we will take no further action
on the proposed amendments. If we receive adverse comments, we will
withdraw only those provisions on which we received adverse comments
and they will not take effect. We will publish a timely withdrawal in
the Federal Register indicating which provisions will become effective
and which provisions are being withdrawn. If part or all of the direct
final rule amendments in the rules and regulations section of this
Federal Register are withdrawn, all comments pertaining to those
provisions will be addressed in a subsequent final action based on the
proposed amendments. We will not institute a second comment period on
the subsequent final action. Any parties interested in commenting must
do so at this time.
DATES: Comments. Submit comments on or before May 14, 2003, or 30 days
after the date of a public hearing, if one is held.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by April 24, 2003. A public hearing will be held on May
14, 2003.
Incorporation by Reference. The incorporation by reference of
certain publications in the proposed rule amendments will be approved
by the Director of the Office of the Federal Register as of April 14,
2003.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center (6102T), Attention Docket ID No. OAR-2002-0053, U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by
courier, deliver comments (in duplicate, if possible) to: Air and
Radiation Docket and Information Center (6102T), Attention Docket ID
No. OAR-2002-0053, Room B-108, U.S. EPA, 1301 Constitution Avenue, NW.,
Washington, DC 20460. We request a separate copy of each public comment
be sent to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
Public Hearing. If a public hearing is held, it will be held at the
New EPA Facility Complex in Research Triangle Park, North Carolina
beginning at 10 a.m.
Docket. Docket ID No. OAR-2002-0053 contains supporting information
used in developing the proposed amendments. The docket is located at
the U.S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460, Room
B-108, and may be inspected from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pag[aacute]n, Combustion
Group, Emission Standards Division (C439-01), U.S. EPA, Research
Triangle Park, North Carolina 27711; telephone number (919) 541-5340;
facsimile number (919) 541-5450; electronic mail address
pagan.jaime@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially
regulated by this action are those that own and operate stationary gas
turbines, and are the same as the existing rule in 40 CFR part 60,
subpart GG. Regulated categories and entities include:
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Category NAICS SIC Examples of regulated entities
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Any industry using a stationary combustion 2211 4911 Electric services.
turbine as defined in the direct final rule. 486210 4922 Natural gas transmission.
211111 1311 Crude petroleum and natural gas.
211112 1321 Natural gas liquids.
221 4931 Electric and other services, combined.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in Sec. 60.330 of the
final rule. If you have questions regarding the applicability of this
action to a particular entity, consult the contact person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Docket. The EPA has established an official public docket for this
action under Docket ID No. OAR-2002-0053. The official public docket is
the collection of materials that is available for public viewing at the
U.S. EPA, 1301 Constitution Avenue, NW., Room B-108, Washington, DC
20460. The EPA Docket Center Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is (202) 566-1744. The telephone
number for the Air Docket is (202) 566-1742.
Electronic Access. An electronic version of the public docket is
available through EPA's electronic public docket and comment system,
EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to
submit or review public comments, access the index of the contents of
the official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA dockets.
Information claimed as confidential business information (CBI) and
other information whose disclosure is restricted by statute, which is
not included in the official public docket, will not be available for
public viewing in EPA's electronic public docket. The EPA's policy is
that copyrighted material will not be placed in EPA's electronic public
docket but will be available only in printed paper form in
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the official public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
this document.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
submitted after the close of the comment period will be marked
``late.'' The EPA is not required to consider these late comments.
Electronically. If you submit an electronic comment as prescribed
below, EPA recommends that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
comment. Also include this contact information on the outside of any
disk or CD ROM you submit and in any cover letter accompanying the disk
or CD ROM. This ensures that you can be identified as the submitter of
the comment and allows EPA to contact you in case EPA cannot read your
comment due to technical difficulties or needs further information on
the substance of your comment. The EPA's policy is that EPA will not
edit your comment, and any identifying or contact information provided
in the body of a comment will be included as part of the comment that
is placed in the official public docket and made available in EPA's
electronic public docket. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment.
Your use of EPA's electronic public docket to submit comments to
EPA electronically is EPA's preferred method for receiving comments. Go
directly to EPA Dockets at http://www.epa.gov/edocket and follow the
online instructions for submitting comments. Once in the system, select
``search'' and then key in Docket ID No. OAR-2002-0053. The system is
an ``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
Comments may be sent by electronic mail (e-mail) to air-and-r-
docket@epa.gov, Attention Docket ID No. OAR-2002-0053. In contrast to
EPA's electronic public docket, EPA's e-mail system is not an
``anonymous access'' system. If you send an e-mail comment directly to
the Docket without going through EPA's electronic public docket, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket and made available in EPA's electronic public docket.
You may submit comments on a disk or CD ROM that you mail to the
mailing address identified in this document. These electronic
submissions will be accepted in WordPerfect or ASCII file format. Avoid
the use of special characters and any form of encryption.
By Mail. Send your comments (in duplicate, if possible) to: EPA
Docket Center (6102T), Attention Docket ID No. OAR-2002-0053, U.S. EPA,
1200 Pennsylvania Avenue, NW., Washington, DC 20460.
By Hand Delivery or Courier. Deliver your comments (in duplicate,
if possible) to: Air and Radiation Docket, Attention Docket ID No. OAR-
2002-0053, U.S. EPA, 1301 Constitution Avenue, NW., Room B-108,
Washington, DC 20460. Such deliveries are only accepted during the
Docket Center's normal hours of operation as identified in this
document. We request that a separate copy also be sent to the contact
person listed under FOR FURTHER INFORMATION CONTACT.
By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID No. OAR-2002-0053.
CBI. Do not submit information that you consider to be CBI through
EPA's electronic public docket or by e-mail. Send or deliver
information identified as CBI only to the following address: OAQPS
Document Control Officer (C404-02), Attention: Mr. Jaime Pagan, U.S.
EPA, 109 TW Alexander Drive, Research Triangle Park, NC 27711,
Attention Docket ID No. OAR-2002-0053. You may claim information that
you submit to EPA as CBI by marking any part or all of that information
as CBI (if you submit CBI on disk or CD ROM, mark the outside of the
disk or CD ROM as CBI and then identify electronically within the disk
or CD ROM the specific information that is CBI). Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Kelly Hayes, Combustion Group, Emission Standards Division (C439-01),
Research Triangle Park, NC 27711, telephone number (919) 541-5578, at
least two days in advance of the potential date of the public hearing.
Persons interested in attending the public hearing must also call Ms.
Hayes to verify the time, date, and location of the hearing. The public
hearing will provide interested parties the opportunity to present
data, views, or arguments concerning these proposed emission standards.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposal will also be available on the
WWW through the Technology Transfer Network (TTN). Following signature,
a copy of this action will be posted on the TTN's policy and guidance
page for newly proposed rules at http://www.epa.gov/ttn/oarpg. The TTN
provides information and technology exchange in various areas of air
pollution control. If more information regarding the TTN is needed,
call the TTN HELP line at (919) 541-5384.
Direct Final Rule. A direct final rule to this proposal is
published in the rules and regulations section of this Federal
Register. If we receive any adverse comment pertaining to one or more
distinct amendments in the proposal, we will publish a timely notice in
the Federal Register informing the public which amendments will become
effective and which amendments are being withdrawn due to adverse
comment. We will address all public comments concerning any withdrawn
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amendments in a subsequent final rule. If no adverse comments are
received, no further action will be taken on the proposal and the
direct final rule will become effective as provided in that action.
The regulatory text for the proposal is identical to that for the
direct final rule published in the rules and regulations section of
this Federal Register. For further supplemental information, the
detailed rationale for the proposal, and the regulatory revisions, see
the information provided in the direct final rule published in a
separate part of this Federal Register.
I. Background
Under section 111 of the Clean Air Act (CAA), the EPA promulgated
standards of performance for stationary gas turbines (40 CFR part 60,
subpart GG). These standards were originally promulgated on September
10, 1979 (44 FR 52798). Since that time, many changes in the design of,
the NOX emission controls used for, and the composition of
the fuels fired in gas turbines have occurred. Additional test methods
have also been developed to measure emissions from gas turbines and for
sampling the sulfur content of gaseous fuels. As a result of these
changes, we have had many requests for case-by-case approvals of
alternative testing and monitoring procedures for subpart GG. We are
proposing these amendments to subpart GG to codify the alternatives
that have been routinely approved. Additionally, we are attempting to
harmonize the provisions of subpart GG with the monitoring provisions
of 40 CFR part 75, since many new gas turbines are subject to both
regulations.
II. Statutory and Executive Order Reviews
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., 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 assessing the impacts of the proposed rule
amendments on small entities, small entity is defined as: (1) A small
business whose parent company has fewer than 100 or 1,000 employees, or
fewer than 4 billion kW-hr per year of electricity usage, depending on
the size definition for the affected North American Industry
Classification System (NAICS) code; (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. It
should be noted that small entities in 6 NAICS codes may be affected by
the proposed rule amendments, and the small business definition applied
to each industry by NAICS code is that listed in the Small Business
Administration (SBA) size standards (13 CFR part 121).
After considering the economic impacts of today's proposed rule
amendments on small entities, we certify that this action will not have
a significant economic impact on a substantial number of small
entities. This certification is based primarily upon the estimated cost
savings to turbine owners and operators as a result of the proposed
revisions to 40 CFR part 60, subpart GG that are presented in the
direct final rule amendments published in a separate part of this
Federal Register. These cost savings will be experienced by turbines
owned and operated by small entities as well as large ones. Using the
existing combustion turbines inventory as a measure of which industries
may install new turbines in the future, presuming the existing mix of
combustion turbines currently is a good approximation of the mix of
turbines that will be installed and affected by the proposed amendments
up to 2007, 2.5 percent of new turbines overall will likely be owned
and operated by small entities. Of these entities, a majority of these
are owned and operated by small communities.
For more information on the results of the analysis of small entity
impacts, please refer to the economic impact analysis in the docket. We
continue to be interested in the potential impacts of the proposed rule
amendments on small entities and welcome comments on issues related to
such impacts.
For information regarding other administrative requirements for
this action, please see the direct final rule action that is located in
the rules and regulations section of this Federal Register publication.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Reporting and recordkeeping requirements,
Sulfur oxides.
Dated: March 27, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-8151 Filed 4-11-03; 8:45 am]
BILLING CODE 6560-50-P