[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Rules and Regulations]
[Pages 53503-53505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20742]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 72 and 75

[FRL-7259-9]
RIN 2060-AJ43


Revisions to the Definitions and the Continuous Emission 
Monitoring Provisions of the Acid Rain Program and the NOX Budget 
Trading Program; Correction

AGENCY: Environmental Protection Agency.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
(FRL-7207-4), which were published in the Federal Register of 
Wednesday, June 12, 2002 (67 FR 40394). The regulations relate to 
Revisions to the Definitions and the Continuous Emission Monitoring 
Provisions of the Acid Rain Program and the NOX Budget 
Trading Program. The corrections are necessary to correct certain 
typographical errors and other minor issues.

DATES: Effective on August 16, 2002.

FOR FURTHER INFORMATION CONTACT: Gabrielle Stevens, Clean Air Markets 
Division (6204N), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, telephone number (202) 
564-2681 or the Acid Rain Hotline at (202) 564-9620.

SUPPLEMENTARY INFORMATION:

Background

    On June 12, 2002, EPA published final revisions to various 
provisions in 40 CFR parts 72 and 75 (67 FR 40394). Based on a review 
of the final published package, EPA has identified certain technical 
errors in those revisions that are corrected through this notice.

Need for Correction

    As published, the final revisions to particular provisions in 40 
CFR part 75 contain errors or omissions that may prove to be misleading 
and need to be clarified. The reason for these changes are as follows:
    1. The appendices to 40 CFR part 60 provisions that contain test 
methods and specifications referenced in part 75 were reformatted, with 
significant section renumbering, on October 17, 2000 (65 FR 61743). In 
the June 13, 2001 proposed revisions to Part 75, EPA proposed to remove 
a requirement to use only the versions of certain test methods in 
appendices to 40 CFR part 60 that were effective as of 1995, 1996 or 
1997, i.e. the revisions would remove

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the restriction on the use of the most current, reformatted version of 
these Part 60 provisions (see 66 FR 31995-96, June 13, 2001). The June 
12, 2002 final rule promulgated the revisions as proposed. However, the 
final revisions failed to make necessary conforming changes to the part 
60 cross references that appear in part 75. The corrections in this 
notice update the part 60 cross references in part 75 to be consistent 
with the part 60 revisions. These corrections affect Secs. 72.2 and 
75.22, Appendix A, sections 1.1, 1.2, 6.5.6, 6.5.6.2, and 6.5.6.3, and 
Appendix E, section 2.1.2.1.
    2. In Sec. 75.16(e)(1), this notice corrects an omission in the 
amendatory language to add the word ``rate'' after ``heat input.'' This 
correction is consistent with the proposed rule changes and changes to 
other subparagraphs in Sec. 75.16(e).
    3. In Sec. 75.19(c)(1)(iv)(H), EPA revised the introductory text to 
clarify that the provisions apply only to units with ``add-on'' 
controls or dry-low NOX technology. EPA had intended to 
repeat the words ``add-on'' in subparagraph (H)(3) for consistency and 
clarity, and adds those words as part of this correction notice.
    4. In Sec. 75.19(c)(3)(ii)(G), there was a mistake in the 
amendatory language which suggested that the entire paragraph was being 
amended when in fact the reproduced text for that paragraph made clear 
that only a new sentence was being added. This correction notice 
reproduces the full section with the new sentence added at the end of 
the previously existing text. This correction also is consistent with 
the proposed rule revisions for this paragraph.
    5. In Sec. 75.19(c)(3)(ii)(H), a phrase used in various places in 
Sec. 75.19 was mistakenly worded, and is corrected in this notice.
    6. In Sec. 75.21(a)(7), the amendatory language specifies that 
certain text is to be added after certain words in the paragraph, but 
those words appear twice in the paragraph. To clarify the amendatory 
language, this correction reproduces the applicable sentence in its 
entirety.
    7. In Sec. 75.33(c)(7), this notice corrects a typographical error 
that occurred (a regulatory cross reference and the concluding period 
were left off the end of the paragraph).
    8. In Sec. 75.71, EPA had intended to revise the section title, 
consistent with the proposed rule revisions, but the amendatory 
language did not specify a change in the title to the section, and thus 
the title published in the June 12, 2002 Federal Register was not 
modified as intended (and as shown in the proposed rule revisions). 
This notice specifies the changes to the section title.
    9. In Appendix B, section 2.3.2, paragraphs (d) and (f), EPA added 
language to account for units that are based on operating levels rather 
than load levels. However, amendatory language was dropped 
inadvertently that would have added the words ``(or operating level)'' 
after each occurrence of the words ``load level'' in Appendix B, 
section 2.3.2, paragraphs (d) and (f). The words ``load level'' do 
appear in the current text of these paragraphs, so this correction adds 
the applicable parenthetical phrase. This correction also is consistent 
with the proposed rule changes to these paragraphs.
    10. In Appendix D, section 2.1.6.4, paragraph (a)(1), the revisions 
added a new second sentence but the amendatory language mistakenly 
failed to direct that the punctuation at the end of the existing text 
in the paragraph be changed from a semicolon to a period. This 
correction fixes that grammatical error.
    11. In Appendix D, section 2.3.3.2, third sentence, this notice 
corrects an omission (the words ``or default SO2 emission 
rate'' should be inserted as applicable to the use of Equation D-5).
    12. In Appendix D, the preamble to the final revisions indicates 
that compliance with certain provisions is not required until July 1, 
2003 (see 67 FR 40417). However, the rule text discussed in the final 
preamble was mistakenly omitted. This notice corrects that error by 
adding an asterisk after ``Gas Total Sulfur Content'' in the first 
column of Table D-6, and adding the following footnote to the Table: 
``*Required no later than July 1, 2003.''
    13. In Appendix F, section 2.3, this notice corrects a 
typographical error (the label for Equation F-3 was mistakenly 
omitted). This correction is consistent with the proposed rule changes.

List of Subjects

40 CFR Part 72

    Environmental protection, Acid rain, Administrative practice and 
procedure, Air pollution control, Continuous emission monitoring, 
Electric utilities, Nitrogen oxides, NOX Budget Trading 
Program, Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR Part 75

    Environmental protection, Acid rain, Administrative practice and 
procedure, Air pollution control, Carbon dioxide, Continuous emission 
monitoring (CEM), Electric generating units (EGUs), Electric utilities, 
Nitrogen oxides, Non-electric generating units (Non-EGUs), Non-load 
based units, NOX Budget Trading Program, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: August 8, 2002.
Robert Brenner,
Acting Assistant Administrator, Office of Air and Radiation.

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

PART 72--PERMITS REGULATION

    1. The authority citation for part 72 continues to read as follows:

    Authority: 42 U.S.C. 7601 and 7651, et seq.


Sec. 72.2  [Corrected]

    2. In Sec. 72.2, definition of ``Equivalent diameter'', revise the 
words ``equation in paragraph 2.1'' to read ``Equation 1-1 in section 
12.2''.

PART 75--CONTINUOUS EMISSION MONITORING

    3. The authority citation for Part 75 continues to read as follows:

    Authority: 42 U.S.C. 7601, 7651k, and 7651k note.


Sec. 75.16  [Corrected]

    4. In Sec. 75.16, paragraph (e)(1), insert the word ``rate'' after 
all but the last occurrence of the phrase ``heat input''.

    5. Section 75.19 is corrected by:
    a. In paragraph (c)(1)(iv)(H)(3), adding the word ``add-on'' after 
the words ``other types of'';

    b. Revising paragraph (c)(3)(ii)(G); and

    c. In paragraph (c)(3)(ii)(H), in the first sentence, removing the 
phrase ``in an identical group of units'' and adding, in its place, 
``in a group of identical units''. The corrections read as follows:


Sec. 75.19  Optional SO2, NOX, and CO2 emissions calculation for low 
mass emissions (LME) units.

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * *
    (G) The year-to-date cumulative heat input (mmBtu) for all fuels 
shall be the sum of all quarterly total heat input 
(HIqtr-total) values for all calendar quarters in the year 
to date. For a unit subject to the provisions of subpart H of this 
part, which is not required to report emission data on a year-round 
basis and elects to report only during the ozone season, the cumulative 
ozone season heat input shall be the sum of the quarterly heat input 
values for the

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second and third calendar quarters of the year.
* * * * *

    6. Section 75.21 is corrected by revising the first sentence of 
paragraph (a)(7) to read as follows:


Sec. 75.21  Quality assurance and quality control requirements.

    (a) * * *
    (7) If the designated representative certifies that a particular 
unit with an SO2 monitoring system combusts primarily 
fuel(s) that are very low sulfur fuel(s) (as defined in Sec. 72.2 of 
this chapter) and combusts higher sulfur fuel(s) only for infrequent, 
non-routine operations (e.g., only as emergency backup fuel(s) or for 
short-term testing), the SO2 monitoring system shall be 
exempted from the RATA requirements of appendices A and B to this part 
in any calendar year that the unit combusts the higher sulfur fuel(s) 
for no more than 480 hours. * * *
* * * * *


Sec. 75.22  [Corrected]

    7. In Sec. 75.22, paragraph (a)(4), remove the phrases ``section 
2'', ``section 3'', ``section 1.2'', and ``sections 2 and 3'' and add, 
in their place, respectively, ``section 8.1'', ``section 8.2'', 
``section 2.2'', and ``sections 8.1 and 8.2''.


Sec. 75.33  [Corrected]

    8. In Sec. 75.33, paragraph (c)(7), in the last sentence, add the 
words ``Sec. 75.53'' to the end of the sentence.


Sec. 75.71  [Corrected]

    9. In Sec. 75.71, remove the words ``emission rate'' from the 
section title.

Appendix A [Corrected]

    10. In section 1.1, remove the phrase ``section 3.1'' and add, in 
its place, ``section 8.1.1''.

    11. In section 1.2, remove the phrases ``section 2.5 or 2.4'' and 
``section 2.5'' and add, in their place, respectively, ``sections 11.5 
or 11.4'' and ``section 11.5''.

    12. In section 6.5.6, introductory paragraph and paragraphs (b)(2) 
and (b)(3), and in paragraph (a) of sections 6.5.6.2 and 6.5.6.3, 
remove each occurrence of the phrase ``section 3.2'' and add, in its 
place, ``section 8.1.3''.

Appendix B [Corrected]

    13. In section 2.3.2, paragraphs (d) and (f), add the phrase ``(or 
operating level)'' after each occurrence of the phrase ``load level''.

Appendix D [Corrected]

    14. In section 2.1.6.4, paragraph (a)(1), remove the phrase ``under 
Sec. 75.6);'' and add, in its place, ``under Sec. 75.6).''

    15. In section 2.3.3.2, in the third sentence remove the phrase 
``content, in'' and add, in its place, ``content or default 
SO2 emission rate in''.

    16. In section 2.4.1, Table D-6, remove the phrase ``Gas Total 
Sulfur Content'' and add, in its place, ``Gas Total Sulfur Content*'' 
and add, as a footnote to the table, ``*Required no later than July 1, 
2003.''

Appendix E [Corrected]

    17. In section 2.1.2.1, remove the phrase ``section 5.1'' and add, 
in its place, ``section 8.3.1''.

Appendix F [Corrected]

    18. In section 2.3, add ``(Eq. F-3)'' as a descriptive label next 
to Equation F-3.

[FR Doc. 02-20742 Filed 8-15-02; 8:45 am]
BILLING CODE 6560-50-P