[Federal Register Volume 66, Number 69 (Tuesday, April 10, 2001)]
[Proposed Rules]
[Pages 18579-18581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8799]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL-6965-3]
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: Proposed rule; amendments.

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SUMMARY: This action proposes amendments to 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 proposes monitoring exemptions and 
alternative compliance requirements for duct burners used in combined 
cycle systems. The proposed amendments ensure that all owners or 
operators of duct burners have appropriate compliance requirements and 
similar exemptions for their monitoring requirements.
    In the Rules and Regulations section of this Federal Register, we 
are making these amendments in a direct final rule, without prior 
proposal, because we view these revisions as noncontroversial, and we 
anticipate no

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significant adverse comments. We have explained our reasons for these 
amendments in the preamble to the direct final rule.
    If we receive no significant adverse comments, we will take no 
further action on this proposed rule. If an adverse comment applies to 
an amendment, paragraph, or section of this proposed rule, and that 
provision may be addressed separately from the remainder of the 
proposed rule, we will withdraw only those provisions on which we 
received adverse comments. We will publish a timely withdrawal in the 
Federal Register indicating which provisions will become effective and 
which provisions are being withdrawn.

DATES: Written comments on these proposed amendments must be received 
by May 10, 2001. Anyone requesting a public hearing must contact EPA no 
later than April 20, 2001. If a hearing is held, it will take place on 
April 24, 2001 beginning at 10 a.m. Persons interested in attending the 
hearing, should call Ms. Libby Bradley at (919) 541-5578 to verify that 
a hearing will be held.

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. Comments and data may be submitted by electronic mail (e-
mail) to: [email protected]. Electronic comments must be submitted 
as an ASCII file to avoid the use of special characters and encryption 
problems and will also be accepted on disks in WordPerfect 
version 5.1, 6.1 or Corel 8 file format. All comments and data 
submitted in electronic form must note the docket number A-92-71. No 
confidential business information (CBI) should be submitted by e-mail. 
Electronic comments may be filed online at many Federal Depository 
Libraries.
    Commenters wishing to submit propriety information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
propriety information directly to the following address, and not to the 
public docket, to ensure that propriety information is not 
inadvertently placed in the docket: Attention: Mr. Roberto Morales, 
U.S. EPA, OAQPS Document Control Officer, 411 W. Chapel Hill Street, 
Room 740, Durham NC 27701. The EPA will disclose information identified 
as CBI only to the extent allowed by the procedures set forth in 40 CFR 
part 2. If no claim of confidentiality accompanies a submission when it 
is received by the EPA, the information may be made available to the 
public without further notice to the commenter.
    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. An index for each docket, as well as individual items 
contained within the dockets, may be obtained by calling (202) 260-7548 
or (202) 260-7549. A reasonable fee may be charged for copying docket 
materials. Docket indexes are also available by facsimile, as described 
on the Office of Air and Radiation, Docket and Information Center 
Website at http://www.epa.gov/airprogm/oar/docket/faxlist.html.
    World Wide Web. In addition to being available in the docket, an 
electronic copy of today's action 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:

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

What Are the Administrative Requirements for This Action?

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 proposed rule 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 proposed rule is not 
subject to notice and comment requirements under the APA or any other 
statute.
    Today's proposed rule 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 (634 FR 49442).
    For additional information, see the direct final rule published in 
the Rules

[[Page 18581]]

and Regulations section of this Federal Register publication.

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.
[FR Doc. 01-8799 Filed 4-9-01; 8:45 am]
BILLING CODE 6560-50-P