[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Rules and Regulations]
[Pages 13242-13243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5797]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6549-3]
RIN 2060-AF92


Standards of Performance for New Stationary Sources: Industrial-
Commercial-Institutional Steam Generating Units

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule; corrections.

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SUMMARY:  On February 12, 1999 (64 FR 7458), we promulgated final rule 
amendments to reduce unnecessary reporting and recordkeeping burdens 
due to regulations implementing the Clean Air Act (CAA). These final 
rule corrections relating to standards of performance for industrial-
commercial-institutional steam generating units serve to correct an 
error in the final rule amendments as promulgated on February 12, 1999.

EFFECTIVE DATE:  March 13, 2000.

FOR FURTHER INFORMATION CONTACT:  Fred L. Porter, Combustion Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, telephone number: 
(919) 541-5251, facsimile: (919) 541-5450, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:  Section 553 of the Administrative Procedure 
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause 
finds that notice and public procedure are impracticable, unnecessary 
or contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. We have 
determined that there is good cause for making today's rule final 
without prior proposal and opportunity for comment because we are 
merely redesignating one paragraph and then inserting another paragraph 
which had been deleted unintentionally. Thus, notice and public 
procedures are unnecessary, and we find that this constitutes good 
cause under 5 U.S.C. 553(b)(B).

I. What Is the Background for the Correction?

    On February 12, 1999 (64 FR 7458), we promulgated a number of 
amendments to rules under 40 CFR parts 51, 60, 61, and 63, to reduce 
unnecessary recordkeeping and reporting burdens due to regulations 
implementing the CAA. One of these amendments was to add paragraph (s) 
to Sec. 60.49b, Reporting and Recordkeeping Requirements, Subpart Db--
Standards of Performance for Industrial-Commercial-Institutional Steam 
Generating Units. As a paragraph (s) already existed, the amendment 
unintentionally replaced the existing paragraph (s) with a new 
paragraph (s).
    The existing paragraph (s) provided a facility specific nitrogen 
oxides standard for the C.AOG incinerator at the Cytec Industries, 
Fortier plant in Westwego, Louisiana. By unintentionally replacing the 
existing paragraph (s) with a new paragraph (s), this facility specific 
nitrogen oxides standard was mistakenly deleted.
    To have avoided this error, we should have designated the new 
paragraph (s) as a new paragraph (w). Today's corrections accomplish 
this as follows.
    First, we amend the new paragraph (s) by replacing it with the old 
paragraph (s). This corrects the unintentional deletion of the facility 
specific nitrogen oxides standard for the C.AOG incinerator at the 
Cytec Industries Fortier plant in Westwego.
    Second, we amend Sec. 60.49b, Reporting and Recordkeeping 
Requirements, by adding a new paragraph (w). This new paragraph (w) is 
nothing more than the paragraph (s) which was included in the February 
12, 1999 action. By adding it as paragraph (w), we correctly implement 
the February 12, 1999 action to reduce the reporting and recordkeeping 
burden.

II. What Are the Impacts Associated With the Corrections?

    This action consists of a correction of our intent at the time of 
promulgation of the February 12, 1999 amendments to 40 CFR parts 51, 
60, 61, and 63. The correction has no impact.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is, therefore, 
not subject to review by the Office of Management and Budget. Because 
we have made a ``good cause'' finding that this action is not subject 
to notice-and-comment requirements under the Administrative Procedure 
Act or any other statute, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Public Law 104-4). In addition, this action does 
not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not significantly or uniquely affect 
the communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule 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 (64 FR 43255, August 10, 1999).
    This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant. 
This action does not involve technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule 
also does not involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994).
    In issuing this rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). The 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.). The EPA's compliance with these 
statutes and Executive Orders for the underlying rule is discussed in 
the March 29, 1996 Federal Register document (61 FR 14029).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the 
Congressional Review Act if the agency makes a good cause

[[Page 13243]]

finding that notice and public procedure is impracticable, unnecessary 
or contrary to the public interest. This determination must be 
supported by a brief statement (5 U.S.C. 808(2)).
    As stated previously, we have made such a good cause finding, 
including the reasons therefore, and established an effective date of 
March 13, 2000. 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. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Nitrogen oxides, 
Recordkeeping and reporting requirements.

    Dated: March 2, 2000.
Robert Perciasepe,
Assistant Administrator, Office of Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, part 
60, of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:


    Authority:  42 U.S.C. 7401-7601.

Subpart Db--Standards of Performance for Industrial-Commercial-
Institutional Steam Generating Units

    2. Section 60.49b is amended by revising paragraph (s) and adding 
paragraph (w) to read as follows:


Sec. 60.49b  Reporting and recordkeeping requirements.

* * * * *
    (s) Facility specific nitrogen oxides standard for Cytec Industries 
Fortier Plant's C.AOG incinerator located in Westwego, Louisiana:
    (1) Definitions.
    Oxidation zone is defined as the portion of the C.AOG incinerator 
that extends from the inlet of the oxidizing zone combustion air to the 
outlet gas stack.
    Reducing zone is defined as the portion of the C.AOG incinerator 
that extends from the burner section to the inlet of the oxidizing zone 
combustion air.
    Total inlet air is defined as the total amount of air introduced 
into the C.AOG incinerator for combustion of natural gas and chemical 
by-product waste and is equal to the sum of the air flow into the 
reducing zone and the air flow into the oxidation zone.
    (2) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the nitrogen oxides emission limit for fossil fuel in 
Sec. 60.44b(a) applies.
    (ii) When natural gas and chemical by-product waste are 
simultaneously combusted, the nitrogen oxides emission limit is 289 ng/
J (0.67 lb/million Btu) and a maximum of 81 percent of the total inlet 
air provided for combustion shall be provided to the reducing zone of 
the C.AOG incinerator.
    (3) Emission monitoring. (i) The percent of total inlet air 
provided to the reducing zone shall be determined at least every 15 
minutes by measuring the air flow of all the air entering the reducing 
zone and the air flow of all the air entering the oxidation zone, and 
compliance with the percentage of total inlet air that is provided to 
the reducing zone shall be determined on a 3-hour average basis.
    (ii) The nitrogen oxides emission limit shall be determined by the 
compliance and performance test methods and procedures for nitrogen 
oxides in Sec. 60.46b(i).
    (iii) The monitoring of the nitrogen oxides emission limit shall be 
performed in accordance with Sec. 60.48b.
    (4) Reporting and recordkeeping requirements. (i) The owner or 
operator of the C.AOG incinerator shall submit a report on any 
excursions from the limits required by paragraph (a)(2) of this section 
to the Administrator with the quarterly report required by paragraph 
(i) of this section.
    (ii) The owner or operator of the C.AOG incinerator shall keep 
records of the monitoring required by paragraph (a)(3) of this section 
for a period of 2 years following the date of such record.
    (iii) The owner of operator of the C.AOG incinerator shall perform 
all the applicable reporting and recordkeeping requirements of this 
section.
* * * * *
    (w) The reporting period for the reports required under this 
subpart is each 6 month period. All reports shall be submitted to the 
Administrator and shall be postmarked by the 30th day following the end 
of the reporting period.

[FR Doc. 00-5797 Filed 3-10-00; 8:45 am]
BILLING CODE 6560-50-P