[Federal Register Volume 68, Number 71 (Monday, April 14, 2003)]
[Proposed Rules]
[Pages 18003-18005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8151]



  Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / 
Proposed Rules  

[[Page 18003]]


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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and which provisions are being withdrawn.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Federal Register are withdrawn, all comments pertaining to those 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 
[email protected].

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

[[Page 18004]]

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 [email protected], 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

[[Page 18005]]

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