[Federal Register Volume 66, Number 69 (Tuesday, April 10, 2001)]
[Rules and Regulations]
[Pages 18546-18553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8798]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL-6965-4]
RIN 2060-AE56


Standards of Performance for Electric Utility Steam Generating 
Units for Which Construction is Commenced After September 18, 1978; 
Standards of Performance for Industrial-Commercial-Institutional Steam 
Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action to amend the emissions 
monitoring and compliance provisions contained in Subpart Da--Standards 
of Performance for Electric Utility Steam Generating Units for Which 
Construction is Commenced After September 18, 1978, and Subpart Db--
Standards of Performance for Industrial-Commercial-Institutional Steam 
Generating Units. This action adds monitoring exemptions and 
alternative compliance requirements for duct burners, as well as 
amendments to correct errors in subparts Da and Db. We are adopting 
these amendments to ensure that all owners or operators of duct burners 
have similar compliance requirements and exemptions for their 
monitoring requirements.

DATES: This direct final rule will be effective on June 11, 2001 
without further notice, unless significant adverse comments are 
received by May 10, 2001. If adverse comment is received EPA will 
publish a timely withdrawal informing the public the rule will not take 
effect.

[[Page 18547]]


ADDRESSES: By U.S. Postal Service, send comments (in duplicate if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket Number A-92-71, U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue, SW., Washington, DC 20460. In person or by 
courier, deliver comments (in duplicate if possible) to: Air and 
Radiation Docket and Information Center (6102), Attention Docket Number 
A-92-71, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460. The EPA requests that a separate copy of each 
public comment be sent to the contact person listed below.

FOR FURTHER INFORMATION CONTACT: Mr. James Eddinger, Combustion Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, telephone number: 
(919) 541-5426, facsimile: (919) 541-5450, electronic mail address: 
[email protected]. For information regarding the applicability of 
this action to a particular entity, contact the appropriate EPA 
Regional Office representative.

SUPPLEMENTARY INFORMATION: Comments. We are publishing this direct 
final rule without prior proposal because we view this as 
noncontroversial amendments and do not anticipate adverse comments. The 
amendments to the compliance and monitoring requirements for duct 
burners provide reasonable methods to owners or operators of duct 
burners to comply with the revised new source performance standards 
(NSPS) for nitrogen oxides ( NOX) emissions. We consider the 
revised requirements consistent with the intent of the previously 
promulgated revised NOX NSPS. However, in the Proposed Rules 
section of this Federal Register, we are publishing a separate document 
that will serve as the proposal in the event that adverse comments are 
filed.
    If we receive any significant adverse comments, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this direct final rule. Any 
parties interested in commenting must do so at this time.
    Docket. The docket is an organized and complete file of information 
compiled by EPA in development of this rulemaking. The docket is a 
dynamic file because material is added throughout the rulemaking 
process. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the proposed and promulgated standards and their preambles, 
the docket contains the record in the case of judicial review. The 
docket number for this rulemaking is A-92-71, which supported the 
proposal and promulgation of the revised NOX NSPS for 
boilers. World Wide Web (WWW). In addition to being available in the 
docket, electronic copies of today's actions will be posted on the 
Technology Transfer Network's (TTN) policy and guidance information 
page http://www/epa/gov/ttn/caaa. 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.
    Regulated Entities. Entities that potentially will be affected by 
these amendments are combined cycle systems employing duct burners. The 
regulated categories and entities include the following:

------------------------------------------------------------------------
                Category                        Regulated entities
------------------------------------------------------------------------
Industry...............................  Electric utility steam
                                          generating units, industrial
                                          steam generating units,
                                          commercial steam generating
                                          units, and institutional steam
                                          generating units.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility, company, business, organization, etc., is regulated by 
this action, you should carefully examine the applicability criteria in 
Secs. 60.40a and 60.40b of the rules. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(CAA), judicial review of the actions taken by this direct final rule 
is available only on the filing of a petition for review in the U.S. 
Court of Appeals for the District of Columbia Circuit June 11, 2001. 
Under section 307(b)(2) of the CAA, the requirements that are subject 
to today's action may not be challenged later in civil or criminal 
proceedings brought by EPA to enforce these requirements.
    Under section 307(d)(7) of the CAA, only an objection to a rule or 
procedure raised with reasonable specificity during the period for 
public comment or public hearing may be raised during judicial review.
    Organization of This Document.
    The following outline is provided to aid in locating information 
presented in this preamble.

I. Background
    A. Why is EPA amending the NSPS for utility boilers and 
industrial boilers?
    B. What is the purpose of this direct final rule?
    C. Does this direct final rule apply to me?
II. New Requirements for Duct Burners
    A. How do I know if my unit is a duct burner?
    B. What changes impact my duct burner?
III. Other Changes
    A. What wording change is EPA making that applies to my utility 
boiler?
    B. What changes are being made in definitions?
IV. What Are the Impacts Associated With the Corrections?
V. Administrative Requirements
    A. Executive Order 12866: Regulatory Planning and Review
    B. Executive Order 13132: Federalism
    C. Executive Order 13185: Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045: Protection of Children From 
Environmental Health Risk and Safety Risks
    E. Unfunded Mandates Reform Act of 1995
    F. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq.
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act
    I. Congressional Review Act

I. Background

A. Why is EPA Amending the NSPS for Utility Boilers and Industrial 
Boilers?

    On September 16, 1998 (63 FR 49442), we promulgated the revised 
NOX NSPS for boilers, which reduce the numerical 
NOX emissions limits for both new utility boilers and new 
industrial boilers to reflect the performance of best demonstrated 
technology (see 40 CFR part 60, subparts Da and Db). The revisions also 
change the format of the NOX emission limit for new electric 
utility steam generating units to an output-based format.
    The revised NOX NSPS for boilers include an exemption 
for combined cycle gas turbine systems that would apply when the 
applicability of 40 CFR part 60, Subpart GG--Standards of Performance 
for Stationary Gas Turbines, is extended to include duct

[[Page 18548]]

burners of combined cycle systems. We added that exemption at 
promulgation based on comments we received at proposal that the 
NOX emissions from the upstream device (i.e., combustion 
turbine) cannot be separated from the duct burner's NOX 
emissions when add-on control (i.e., selective catalytic reduction) is 
used.
    At the time of promulgation, we considered an ongoing rulemaking 
extending the applicability of subpart GG to duct burners, which are 
currently covered by 40 CFR part 60, subpart Da. However, since that 
time, we have decided not to revise subpart GG. Therefore, to address 
concerns that have been raised during and since promulgation of the 
revised NOX NSPS for boilers and due to some inadvertent 
errors relating to duct burners, today's action consists of amendments 
and editorial and clarifying corrections to subparts Da and Db.
    When subpart Db was originally promulgated on November 25, 1986 (51 
FR 42768), we were aware of the concerns and difficulties relating to 
the monitoring and compliance testing of NOX emissions from 
duct burners used in combined cycle systems. Duct burners contribute 
only a portion of the NOX emissions emitted from the heat 
recovery steam generator (HRSG) unit. The remaining portion is 
attributed to the combustion turbine which is regulated under subpart 
GG. Under subpart Db, we exempt duct burners from the requirement for 
continuous emissions monitoring (Sec. 60.48b(h)), and we add procedures 
for conducting performance tests to determine compliance 
(Sec. 60.46b(f)).
    However, we did not include a monitoring exemption for duct burners 
in subpart Da when it was originally promulgated on June 11, 1979 (44 
FR 33613). At that time, we were not aware of duct burners that met the 
applicability criteria (i.e., heat input greater than 250 million 
British Thermal Units (Btu) per hour), and no one raised that issue 
during the comment period. Since promulgation of the revised 
NOX NSPS for boilers, we have become aware of the 
construction of utility-size duct burners and the difficulties relating 
to implementing the monitoring requirements in subpart Da.

B. What Is the Purpose of This Direct Final Rule?

    This direct final rule will: (1) Extend the already existing 
monitoring exemption in subpart Db for duct burners to include those 
duct burners that become subject to the revised NOX NSPS for 
boilers, (2) amend subpart Da to include the same monitoring exemption 
specified in subpart Db, (3) promulgate an alternative compliance 
determination procedure for both subparts Da and Db that owners and 
operators can elect for affected duct burners used in combined cycle 
systems, and (4) clarify the intent and correct inadvertent omissions 
and minor drafting errors in the revised NOX NSPS for 
boilers.

C. Does This Direct Final Rule Apply to me?

    The changes contained in today's direct final rule apply to you if 
you are the owner or operator of a duct burner used in a combined cycle 
system which meets the applicability criteria of either subpart Da or 
Db. A combined cycle system consists of a gas turbine, or internal 
combustion engine, kiln, etc., to which a HRSG unit is added to produce 
steam that is then used to produce electricity or used in an industrial 
process.

II. New Requirements for Duct Burners

A. How Do I Know if My Unit is a Duct Burner?

    A duct burner is a device that combusts fuel and is placed in the 
exhaust duct from another source, such as a stationary gas turbine, 
internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases 
enter a HRSG unit.

B. What Changes Impact My Duct Burner?

    As owners and operators of affected industrial duct burners subject 
to the revised NOX NSPS for boilers, you will not be 
required to install and operate a continuous emissions monitoring 
system (CEMS) for NOX emissions. The amendments include an 
exemption from continuous monitoring of NOX emissions, 
exhaust flow rates and gross energy outputs, and an alternative 
procedure for determining compliance. The monitoring exemption and 
alternative procedure for determining compliance using a CEMS are the 
same as those specified for industrial duct burners. The changes will 
enable you to comply with all of the requirements of the revised 
NOX NSPS for utility boilers. The amendments account for the 
inherent differences between duct burners used in combined cycle 
systems and conventional utility boilers.

    The following are the amendments to the rules that apply only to 
duct burners.
1. Exemption on Monitoring for NOX Emissions
    When subpart Db was promulgated on November 25, 1986 (51 FR 42768), 
we included an exemption (Sec. 60.48b(h)) from the requirement for 
owners and operators of affected duct burners to install and operate a 
CEMS to measure NOX emissions. When we revised the 
NOX NSPS on September 16, 1998, we inadvertently did not 
revise the wording of the exemption. The actual wording of the 
exemption is:

    The owner or operator of an affected facility which is subject 
to the NOX standards of Sec. 60.44b(a)(4) is not required 
to install or operate a continuous monitoring system to measure 
nitrogen oxides emissions.

    Section 60.44b(a)(4) provides the original NOX limit for 
duct burners which is now applicable only to duct burners constructed 
``prior'' to July 9, 1997. The revised Sec. 60.44b(l) is applicable to 
duct burners constructed ``after'' July 9, 1997.
    Today's amendments clarify that all duct burners subject to subpart 
Db are exempted from the requirement to monitor continuously for 
NOX emissions.
2. Alternatives to the Performance Test Method and Compliance Procedure
    Since you are exempt from the monitoring requirements under subpart 
Db, you are required to demonstrate compliance by determining the 
incremental increase of NOX emissions from the HRSG unit 
that is attributable to your duct burner. You are required to conduct a 
performance test to measure NOX emissions simultaneously at 
the gas turbine exhaust prior to the duct burner and at the HRSG unit 
outlet. You then calculate the NOX emissions rate from the 
duct burner by subtracting the NOX emissions rate measured 
at the gas turbine exhaust location from the NOX emission 
rate measured at the HRSG unit outlet. Using that procedure, you 
determine compliance with the NOX emissions limits on a 
three-run average (nominal 1-hour run) basis. The current standards 
cite Method 20. In these amendments, we are providing an alternative 
procedure citing Methods 7E, 3A, and 3B as the reference methods.
    These amendments will also allow you to use a less complex option 
for determining compliance with subpart Db. Under this alternative, you 
may elect to determine compliance continuously by installing, 
operating, and reporting the measurements from a CEMS located at the 
outlet from the HRSG unit, with the NOX emissions rate 
measured at the outlet from the HRSG

[[Page 18549]]

unit constituting the NOX emissions rate from the duct 
burner. If you select this alternative, compliance with the 
NOX emissions limit is determined on a 30-day rolling 
average basis, which is the same requirement that is in effect for 
conventional industrial boilers.
    We are aware that this alternative procedure for determining 
compliance (for both industrial and utility duct burners) may have the 
potential to produce erroneous compliance determinations. If the 
emission rate from the combustion turbine is low, this alternative will 
grossly underestimate the emission rate for the duct burners when the 
combined emissions are near the NSPS limit. That is, the actual 
NOX emissions attributable to the duct burner could be 
higher than the allowable, if we measured the duct burner's emissions 
alone.
    There are several reasons for allowing this less complex 
alternative. As stated in the preamble for the revised NOX 
NSPS (62 FR 36954), we have established pollution prevention as one of 
our highest priorities. One of the opportunities for pollution 
prevention lies in using energy efficient technologies to minimize the 
generation of emissions. We want to encourage cogeneration since we 
recognize that cogeneration increases the efficiency of power 
generation. We also want to encourage the use of combined cycle systems 
since the principal fuel used is natural gas. The clean fuel approach 
also fits well with pollution prevention. Because natural gas is 
essentially free of sulfur and nitrogen and without the inorganic 
matter typically present in coal and oil, emissions of sulfur dioxide 
(SO2), NOX, particulate matter, and air toxic compounds can 
be dramatically reduced. Another advantage of allowing this alternative 
is that compliance would be determined on a continuous basis.
3. Monitoring Requirements and Compliance Provisions
    In the NSPS for utility boilers, we are adding, for affected duct 
burners, an exemption from the NOX monitoring requirements. 
We are also adding a compliance determination provision that explains 
how utility duct burners are to demonstrate compliance with the output-
based NOX standard on a three 1-hour run average basis, and 
an optional compliance procedure using a CEMS on a 30-day rolling 
average basis. As indicated in the proposal preamble for the revised 
NOX NSPS for boilers, these revisions will not increase the 
overall burden on sources to demonstrate compliance with the standards 
and will not require any new monitoring that is not already required by 
some other program (e.g., the Acid Rain program). In addition, we 
stated that we would continue to explore additional ways to provide 
monitoring relief that will not compromise the ability of EPA to 
enforce Federal standards adequately.
    Since promulgation of the revised NOX NSPS for boilers, 
we have become aware of concerns regarding how gross energy output from 
a duct burner would actually be measured and monitored, and how the 
NOX emissions attributable to duct burners can be 
continuously monitored. Today's amendments clarify that monitoring of 
gross energy output and the exhaust volumetric flow rate is exempt for 
duct burners used in utility-size combined cycle systems. The 
amendments also add a provision, available for utility boilers (as well 
as duct burners under the optional CEMS provision described above), for 
using fuel flowmeters specified in appendix D of 40 CFR part 75 in lieu 
of exhaust gas volumetric flow monitors for determining the mass rate 
of NOX emissions. We are also adding a clarification that 
data collected from appendix D of 40 CFR part 75 certified 
NOX CEMS may be used in lieu of data from a NOX 
CEMS specified under subpart Da.
    Besides the two compliance determination procedures being added to 
subpart Da, the general provisions (subpart A of 40 CFR part 60) allow 
a source owner or operator to petition the Administrator for approval 
of alternative monitoring or performance testing procedures or 
requirements.

III. Other Changes

    We identified minor drafting errors and inadvertent omissions after 
promulgation of the revised NOX NSPS for boilers. In 
Sec. 60.47a(l), we are deleting the comma after ``shall.'' Today's 
action also makes the following corrections.

A. What wording change is EPA making that applies to my utility boiler?

    One of the corrections we are making is in the wording. We made an 
error in Sec. 60.47a(k) that could be confusing in the compliance 
determination procedures. At promulgation, Sec. 60.47a(k) erroneously 
stated that the procedures specified were for determining gross heat 
rate. We should have stated that they were the procedures for 
determining gross energy output. We have corrected that error by 
replacing the words ``heat rate'' with ``energy output.''

B. What changes are being made in the definitions?

    We are adding to subpart Da the definition of ``duct burner.'' 
Subpart Da applies to steam generating units which are defined as ``* * 
* any furnace, boiler, or other device used for combusting fuel for the 
purpose of producing steam * * *.'' Thus, duct burners which supply 
supplemental heat input to the steam generating unit (i.e., heat 
recovery steam generator) are covered by the NSPS if the heat input due 
to the duct burner is greater than 250 million Btu per hour and supply 
more than 25 megawatt electrical output to any utility power 
distribution system for sale. The definition of ``duct burner'' is 
needed since we are adding a monitoring exemption and compliance 
procedures which are specific to duct burners.
    We are also revising the definition in subpart Da for ``boiler 
operating day'' to be consistent with the definition in subpart Db for 
``steam generating unit operating day.'' Subpart Da applies to both 
based-loaded and peaking units. The current definition in subpart Da 
requires that fuel be combusted for the entire 24 hours to be 
considered an ``operating day.'' Peaking units, such as some combined 
cycle units, may only operate for a short period of time each day and, 
thus, have difficulty in determining a 30-day rolling average since it 
is based on the preceding 30 boiler operating days. That concern was 
addressed in the definition of ``steam generating unit operating day'' 
currently in subpart Db, which states that it is not necessary for fuel 
to be combusted continuously for the entire 24-hour period. The revised 
definition of ``boiler operating day'' is needed since some of the 
combined cycle units using duct burners may be peaking units.

IV. What are the impacts associated with the corrections?

    The changes contained in this direct final rule are corrections, 
clarifications, and equivalent compliance alternatives that do not 
change the intended coverage of the revised NOX NSPS for 
NSPS boilers. The changes will not affect the estimated emissions 
reductions or the control costs for these rules. The clarifications and 
corrections should make it easier for owners and operators of duct 
burners and for local and State authorities to understand and implement 
the requirements in subparts Da and Db. The alternative compliance 
procedures will make it possible for some owners and operators of 
boilers (including duct burners) to comply with performance test and 
monitoring

[[Page 18550]]

requirements using CEMS installed, certified, and maintained to meet 
other regulatory requirements and, thus, save costs.

V. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether the regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) review and the requirements of the Executive Order. The Executive 
Order defines ``significant regulatory action'' as one that is likely 
to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this direct final rule does not qualify 
as a ``significant regulatory action'' under the terms of Executive 
Order 12866 and, therefore, is not subject to review by OMB.

B. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that 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.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State 
law, unless the Agency consults with State and local officials early in 
the process of developing the proposed regulation.
    This direct final rule does not have federalism implications. It 
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. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
direct final rule.

C. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    On November 6, 2000, the President issued Executive Order 13175 (65 
FR 67249) entitled, ``Consultation and Coordination with Indian Tribal 
Governments.'' Executive Order 13175 took effect on January 6, 2001, 
and revokes Executive Order 13084 (Tribal Consultation) as of that 
date. The EPA developed this final rule, however, during the period 
when Executive Order 13084 was in effect; thus, the EPA addressed 
tribal considerations under Executive Order 13084. Under Executive 
Order 13084, the EPA may not issue a regulation that is not required by 
statute, that significantly or uniquely affects the communities of 
Indian tribal governments, and that imposes substantial direct 
compliance costs on those communities, unless the Federal government 
provides the funds necessary to pay the direct compliance cost incurred 
by the tribal governments, or EPA consults with those governments. If 
EPA complies by consulting, Executive Order 13084 requires EPA to 
provide to the Office of Management and Budget, in a separately 
identified section of the preamble to the rule, a description of the 
extent of EPA's prior consultation with representatives of affected 
tribal governments, a summary of the nature of their concerns, and a 
statement supporting the need to issue the regulation. In addition, 
Executive Order 13084 requires EPA to develop an effective process 
permitting elected officials and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.''
    Today's direct final rule does not significantly or uniquely affect 
the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this direct final rule.

D. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to 
any rule that: (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This direct final rule is 
not subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

E. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objective of the rule. The provisions of section 205 
do not

[[Page 18551]]

apply when they are inconsistent with applicable law. Moreover, section 
205 allows EPA to adopt an alternative other than the least costly, 
most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that this direct final rule does not contain 
a Federal mandate that may result in expenditures of $100 million or 
more for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.
    The EPA has determined that this direct final rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments.

F. Regulatory Flexibility Act (RFA), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    Today's direct final rule amendments is not subject to the RFA, 
which generally requires an agency to prepare a regulatory flexibility 
analysis for any rule that will have a significant economic impact on a 
substantial number of small entities. The RFA applies only to rules 
subject to notice-and-comment rulemaking requirements under the 
Administrative Procedure Act (APA) or any other statute. This direct 
final rule is not subject to notice and comment requirements under the 
APA or any other statute.
    Today's direct final rule amendments will have no significant 
impact on a substantial number of small entities because they clarify 
and make corrections to the promulgated 40 CFR part 60, subparts Da and 
Db, and do not impose any additional regulatory requirements on owners 
or operators of affected sources regulated by standards promulgated on 
September 16, 1998 (63 FR 49442).

G. Paperwork Reduction Act

    The Office of Management and Budget had previously approved the 
information collection requirements contained in subparts Da and Db 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., at the time the rules were originally promulgated and had 
assigned OMB control numbers 2060-0023, for 40 CFR 60.40a, and 2060-
0072, for 40 CFR 60.40b.
    The amendments contained in this direct final rule result in no 
changes to the information collection requirements of the current NSPS 
and will have no impact on the information collection estimate of 
project cost and hour burden made and approved by OMB during the 
original development of the NSPS. Therefore, the information collection 
requests have not been revised.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 40 CFR chapter 15.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, Sec. 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the agency decides 
not to use available and applicable voluntary consensus standards.
    These direct final rule amendments do not involve technical 
standards. The EPA's compliance with the NTTAA has been addressed in 
the preamble of the underlying rule (63 FR 49442, September 16, 1998).

I. Congressional Review Act

    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. The EPA will submit a report containing 
this direct final 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 this direct final rule in 
the Federal Register. A major rule cannot take effect until 60 days 
after it is published in the Federal Register. This direct final rule 
is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Electric utility 
steam generating units, Industrial-commercial-institutional steam 
generating units, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: April 3, 2001.
Christine Todd Whitman,
Administrator.

    For 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 et seq.

Subpart Da--[Amended]

    2. Section 60.41a is amended by placing the existing definitions in 
alphabetical order, adding a definition for ``Duct burner'' in 
alphabetical order, and revising the definition for ``Boiler operating 
day'' to read as follows:


Sec. 60.41a  Definitions.

* * * * *
    Boiler operating day means a 24-hour period between 12:00 midnight 
and the following midnight during which any fuel is combusted at any 
time in the steam generating unit. It is not necessary for fuel to be 
combusted continuously for the entire 24-hour period.
* * * * *
    Duct burner means a device that combusts fuel and that is placed in 
the exhaust duct from another source, such as a stationary gas turbine, 
internal combustion engine, kiln, etc., to allow the firing of 
additional fuel to heat the exhaust gases before the exhaust gases 
enter a heat recovery steam generating unit.
* * * * *
    3. Section 60.44a is amended by revising paragraphs (a) 
introductory text and (d)(1) to read as follows:

[[Page 18552]]

Sec. 60.44a  Standard for nitrogen oxides.

    (a) On and after the date on which the initial performance test 
required to be conducted under Sec. 60.8 is completed, no owner or 
operator subject to the provisions of this subpart shall cause to be 
discharged into the atmosphere from any affected facility, except as 
provided under paragraphs (b) and (d) of this section, any gases which 
contain nitrogen oxides (expressed as NO2) in excess of the 
following emission limits, based on a 30-day rolling average, except as 
provided under Sec. 60.46a(j)(1):
* * * * *
    (d)(1) On and after the date on which the initial performance test 
required to be conducted under Sec. 60.8 is completed, no new source 
owner or operator subject to the provisions of this subpart shall cause 
to be discharged into the atmosphere from any affected facility for 
which construction commenced after July 9, 1997 any gases which contain 
nitrogen oxides (expressed as NO2) in excess of 200 
nanograms per joule (1.6 pounds per megawatt-hour) gross energy output, 
based on a 30-day rolling average, except as provided under 
Sec. 60.46a(k)(1).
* * * * *

    4. Section 60.46a is amended by revising paragraph (i) and adding 
paragraphs (j) and (k) to read as follows:


Sec. 60.46a  Compliance provisions.

* * * * *
    (i) Compliance provisions for sources subject to Sec. 60.44a(d)(1). 
The owner or operator of an affected facility subject to 
Sec. 60.44a(d)(1) (new source constructed after July 7, 1997) shall 
calculate NOX emissions by multiplying the average hourly 
NOX output concentration, measured according to the 
provisions of Sec. 60.47a(c), by the average hourly flow rate, measured 
according to the provisions of Sec. 60.47a(l), and divided by the 
average hourly gross energy output, measured according to the 
provisions of Sec. 60.47a(k).
    (j) Compliance provisions for duct burners subject to 
Sec. 60.44a(a)(1). To determine compliance with the emissions limits 
for NOX required by Sec. 60.44a(a) for duct burners used in 
combined cycle systems, either of the procedures described in paragraph 
(j)(1) or (2) of this section may be used:
    (1) The owner or operator of an affected duct burner shall conduct 
the performance test required under Sec. 60.8 using the appropriate 
methods in appendix A of this part. Compliance with the emissions 
limits under Sec. 60.44a(a)(1) is determined on the average of three 
(nominal 1-hour) runs for the initial and subsequent performance tests. 
During the performance test, one sampling site shall be located in the 
exhaust of the turbine prior to the duct burner. A second sampling site 
shall be located at the outlet from the heat recovery steam generating 
unit. Measurements shall be taken at both sampling sites during the 
performance test; or
    (2) The owner or operator of an affected duct burner may elect to 
determine compliance by using the continuous emission monitoring system 
specified under Sec. 60.47a for measuring NOX and oxygen and 
meet the requirements of Sec. 60.47a. Data from a CEMS certified (or 
recertified) according to the provisions of 40 CFR 75.20, meeting the 
QA and QC requirements of 40 CFR 75.21, and validated according to 40 
CFR 75.23 may be used. This includes data substituted according to 40 
CFR 75.21(i) for invalid data and 40 CFR 75.30 for missing data or data 
adjusted for negative bias as required by 40 CFR 75.23(d). The sampling 
site shall be located at the outlet from the steam generating unit. The 
NOX emission rate at the outlet from the steam generating 
unit shall constitute the NOX emission rate from the duct 
burner of the combined cycle system.
    (k) Compliance provisions for duct burners subject to 
Sec. 60.44a(d)(1). To determine compliance with the emissions limits 
for NOX required by Sec. 60.44a(d)(1) for duct burners used 
in combined cycle systems, either of the procedures described in 
paragraphs (k)(1) and (2) of this section may be used:
    (1) The owner or operator of an affected duct burner used in 
combined cycle systems shall determine compliance with the 
NOX standard in Sec. 60.44a(d)(1) as follows:
    (i) The emission rate (E) of NOX shall be computed using 
Equation 1 of this section:

E = [(Csg  x  Qsg)-(Cte  x  Qte)]/(Osg  x  h) (Eq. 1)

Where:
E = emission rate of NOX from the duct burner, ng/J (lb/
Mwh) gross output
Csg = average hourly concentration of NOX exiting the 
steam generating unit, ng/dscm (lb/dscf)
Cte = average hourly concentration of NOX in the turbine 
exhaust upstream from duct burner, ng/dscm (lb/dscf)
Qsg = average hourly volumetric flow rate of exhaust gas from steam 
generating unit, dscm/hr (dscf/hr)
Qte = average hourly volumetric flow rate of exhaust gas from 
combustion turbine, dscm/hr (dscf/hr)
Osg = average hourly gross energy output from steam generating unit, 
J (Mwh)
h = average hourly fraction of the total heat input to the steam 
generating unit derived from the combustion of fuel in the affected 
duct burner

    (ii) Method 7E of appendix A of this part shall be used to 
determine the NOX concentrations (Csg and Cte). Method 2, 2F 
or 2G of appendix A of this part, as appropriate, shall be used to 
determine the volumetric flow rates (Qsg and Qte) of the exhaust gases. 
The volumetric flow rate measurements shall be taken at the same time 
as the concentration measurements.
    (iii) The owner or operator shall develop, demonstrate, and provide 
information satisfactory to the Administrator to determine the average 
hourly gross energy output from the steam generating unit, and the 
average hourly percentage of the total heat input to the steam 
generating unit derived from the combustion of fuel in the affected 
duct burner.
    (iv) Compliance with the emissions limits under Sec. 60.44a (d)(1) 
is determined by the three-run average (nominal 1-hour runs) for the 
initial and subsequent performance tests.
    (2) The owner or operator of an affected duct burner used in a 
combined cycle system may elect to determine compliance with the 
NOX standard in Sec. 60.44a(d)(1) on a 30-day rolling 
average basis as indicated in paragraphs (k)(2)(i) through (iv) of this 
section.
    (i) The emission rate (E) of NOX shall be computed using 
Equation 2 of this section:

E = (Csg  x  Qsd) /Occ (Eq. 2)

Where:
E = emission rate of NOX from the duct burner, ng/J (lb/
Mwh) gross output
Csg = average hourly concentration of NOX exiting the 
steam generating unit, ng/dscm (lb/dscf)
Qsg = average hourly volumetric flow rate of exhaust gas from steam 
generating unit, dscm/hr (dscf/hr)
Occ = average hourly gross energy output from entire combined cycle 
unit, J (Mwh)

    (ii) The continuous emissions monitoring system specified under 
Sec. 60.47a for measuring NOX and oxygen shall be used to 
determine the average hourly NOX concentrations (Csg). The 
continuous flow monitoring system specified in Sec. 60.47a(l) shall be 
used to determine the volumetric flow rate (Qsg) of the exhaust gas. 
The sampling site shall be located at the outlet from the steam 
generating unit. Data from a continuous flow monitoring system 
certified (or recertified) following procedures specified in 40 CFR 
75.20, meeting the quality assurance and quality control requirements 
of 40 CFR 75.21, and validated according to 40 CFR 75.23 may be used.
    (iii) The continuous monitoring system specified under 
Sec. 60.47a(k) for

[[Page 18553]]

measuring and determining gross energy output shall be used to 
determine the average hourly gross energy output from the entire 
combined cycle unit (Occ), which is the combined output from the 
combustion turbine and the steam generating unit.
    (iv) The owner or operator may, in lieu of installing, operating, 
and recording data from the continuous flow monitoring system specified 
in Sec. 60.47a(l), determine the mass rate (lb/hr) of NOX 
emissions by installing, operating, and maintaining continuous fuel 
flowmeters following the appropriate measurements procedures specified 
in appendix D of 40 CFR part 75. If this compliance option is selected, 
the emission rate (E) of NOX shall be computed using 
Equation 3 of this section:

E = (ERsg  x  Hcc) /Occ (Eq. 3)

Where:
E = emission rate of NOX from the duct burner, ng/J (lb/
Mwh) gross output
ERsg = average hourly emission rate of NOX exiting the 
steam generating unit heat input calculated using appropriate F-
factor as described in Method 19, ng/J (lb/million Btu)
Hcc = average hourly heat input rate of entire combined cycle unit, 
J/hr (million Btu/hr)
Occ = average hourly gross energy output from entire combined cycle 
unit, J (Mwh)

    (3) When an affected duct burner steam generating unit utilizes a 
common steam turbine with one or more affected duct burner steam 
generating units, the owner or operator shall either:
    (i) Determine compliance with the applicable NOX 
emissions limits by measuring the emissions combined with the emissions 
from the other unit(s) utilizing the common steam turbine; or
    (ii) Develop, demonstrate, and provide information satisfactory to 
the Administrator on methods for apportioning the combined gross energy 
output from the steam turbine for each of the affected duct burners. 
The Administrator may approve such demonstrated substitute methods for 
apportioning the combined gross energy output measured at the steam 
turbine whenever the demonstration ensures accurate estimation of 
emissions regulated under this part.
    5. Section 60.47a is amended by:
    a. Revising paragraph (k) introdutory text;
    b. Revising paragraph (l);
    c. Adding paragraphs (m), (n) and (o).
    The revisions and additions read as follows:


Sec. 60.47a  Emission monitoring.

* * * * *
    (k) The procedures specified in paragraphs (k)(1) through (3) of 
this section shall be used to determine gross output for sources 
demonstrating compliance with the output-based standard under 
Sec. 60.44a(d)(1). * * *
    (l) The owner or operator of an affected facility demonstrating 
compliance with the output-based standard under Sec. 60.44a(d)(1) shall 
install, certify, operate, and maintain a continuous flow monitoring 
system meeting the requirements of Performance Specification 6 of 
appendix B and procedure 1 of appendix F of this subpart, and record 
the output of the system, for measuring the flow of exhaust gases 
discharged to the atmosphere; or
    (m) Alternatively, data from a continuous flow monitoring system 
certified according to the requirements of 40 CFR 75.20, meeting the 
applicable quality control and quality assurance requirements of 40 CFR 
75.21, and validated according to 40 CFR 75.23, may be used.
    (n) Gas-fired and oil-fired units. The owner or operator of an 
affected unit that qualifies as a gas-fired or oil-fired unit, as 
defined in 40 CFR 72.2, may use, as an alternative to the requirements 
specified in either paragraph (l) or (m) of this section, a fuel flow 
monitoring system certified and operated according to the requirements 
of appendix D of 40 CFR part 75.
    (o) The owner or operator of a duct burner, as described in 
Sec. 60.41a, which is subject to the NOX standards of 
Sec. 60.44a(a)(1) or (d)(1) is not required to install or operate a 
continuous emissions monitoring system to measure NOX 
emissions; a wattmeter to measure gross electrical output; meters to 
measure steam flow, temperature, and pressure; and a continuous flow 
monitoring system to measure the flow of exhaust gases discharged to 
the atmosphere.

Subpart Db--[Amended]

    6. Section 60.46b is amended by revising paragraph (f) to read as 
follows:


Sec. 60.46b  Compliance and performance test methods and procedures for 
particulate matter and nitrogen oxides.

* * * * *
    (f) To determine compliance with the emissions limits for 
NOX required by Sec. 60.44b(a)(4) or Sec. 60.44b(l) for duct 
burners used in combined cycle systems, either of the procedures 
described in paragraph (f)(1) or (2) of this section may be used:
    (1) The owner or operator of an affected facility shall conduct the 
performance test required under Sec. 60.8 as follows:
    (i) The emissions rate (E) of NOX shall be computed 
using Equation of 1 this section:

E = Esg + (Hg /Hb)(Esg - Eg) (Eq. 1)
Where:
E = emissions rate of NOX from the duct burner, ng/J (lb/
million Btu) heat input
Esg = combined effluent emissions rate, in ng/J (lb/million Btu) 
heat input using appropriate F-Factor as described in Method 19
Hg = heat input rate to the combustion turbine, in Joules/hour 
(million Btu/hour)
Hb = heat input rate to the duct burner, in Joules/hour (million 
Btu/hour)
Eg = emissions rate from the combustion turbine, in ng/J (lb/million 
Btu) heat input calculated using appropriate F-Factor as described 
in Method 19

    (ii) Method 7E of appendix A of this part shall be used to 
determine the NOX concentrations. Method 3A or 3B of 
appendix A of this part shall be used to determine oxygen 
concentration.
    (iii) The owner or operator shall identify and demonstrate to the 
Administrator's satisfaction suitable methods to determine the average 
hourly heat input rate to the combustion turbine and the average hourly 
heat input rate to the affected duct burner.
    (iv) Compliance with the emissions limits under Sec. 60.44b (a)(4) 
or Sec. 60.44b(l) is determined by the three-run average (nominal 1-
hour runs) for the initial and subsequent performance tests; or
    (2) The owner or operator of an affected facility may elect to 
determine compliance on a 30-day rolling average basis by using the 
continuous emission monitoring system specified under Sec. 60.48b for 
measuring NOX and oxygen and meet the requirements of 
Sec. 60.48b. The sampling site shall be located at the outlet from the 
steam generating unit. The NOX emissions rate at the outlet 
from the steam generating unit shall constitute the NOX 
emissions rate from the duct burner of the combined cycle system.
* * * * *
    7. Section 60.48b is amended by revising paragraph (h) to read as 
follows:


Sec. 60.48b  Emission monitoring for particulate matter and nitrogen 
oxides.

* * * * *
    (h) The owner or operator of a duct burner, as described in 
Sec. 60.41b, which is subject to the NOX standards of 
Sec. 60.44b(a)(4) or Sec. 60.44b(l) is not required to install or 
operate a continuous emissions monitoring system to measure 
NOX emissions.
* * * * *
[FR Doc. 01-8798 Filed 4-9-01; 8:45 am]
BILLING CODE 6560-50-P