[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Rules and Regulations]
[Page 31611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12862]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[OAR-2002-0053, FRL-7502-4]
RIN 2060-AK35


Standards of Performance for Stationary Gas Turbines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: On April 14, 2003, the EPA published a direct final rule to 
amend the standards of performance for stationary gas turbines, along 
with a parallel proposal to be used as a basis for final action in the 
event that we received any adverse comments on the direct final rule 
amendments. Because we received adverse comments and a request for a 
public hearing, we are withdrawing the direct final rule. We will 
address all comments in a subsequent final rule based on the parallel 
proposal published on April 14, 2003.

DATES: As of May 28, 2003, EPA withdraws all changes to 40 CFR 60.17, 
60.331, 60.332, 60.333, 60.334, and 60.335, published at 68 FR 17990 on 
April 14, 2003.

ADDRESSES: Docket number OAR-2002-0053, containing supporting 
information used in the development of the withdrawal is available for 
public viewing at the Air Docket in the EPA Docket Center, Room B108, 
1301 Constitution Ave., NW., 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 
Public Reading Room is (202) 566-1744. The telephone number for the Air 
Docket is (202) 566-1742.
    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 view public comments, 
access the index of the contents of the official public docket, and 
access those documents in the public docket that are available 
electronically. Once in the system, select ``search'' and 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 and other 
information whose disclosure is restricted by statute, which are 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 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 FURTHER INFORMATION CONTACT: Mr. Jaime Pagan, 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: On April 14, 2003, we published a direct 
final rule (68 FR 17990) and a parallel proposal (68 FR 18003) amending 
the standards of performance for stationary gas turbines (40 CFR part 
60, subpart GG). The amendments codified several alternative testing 
and monitoring procedures that have routinely been approved by EPA. The 
amendments also reflected changes in emission control technologies and 
turbine design since the original promulgation of the rule on September 
10, 1979.
    We stated in the preamble to the direct final rule and parallel 
proposal that if we received significant material adverse comment on 
one or more distinct provisions of the direct final rule, we would 
publish a timely withdrawal of those distinct provisions in the Federal 
Register. The direct final rule stated that the deadline for submitting 
public comments was May 14, 2003, and that the effective date of the 
provisions would be May 29, 2003. The proposal also stated that if a 
public hearing was requested by April 24, 2003, the hearing would be 
held on May 14, 2003, at the New EPA Facility Complex in Research 
Triangle Park, North Carolina, at 10 a.m., and that the comment period 
would be extended until 30 days after the date of the public hearing.
    In a proposed rule published elsewhere in this issue, EPA gives 
notice that since a public hearing was requested, the comment period 
has been extended until June 13, 2003, which clearly falls after what 
would have been the effective date of the direct final rule. We have 
decided to withdraw the entire direct final rule to avoid allowing the 
direct final rule to become effective before all public comments have 
been received. The EPA will promulgate a final rule in the near future 
that considers all of the comments received and any material testimony 
presented at the public hearing.
    Accordingly, the entire direct final rule is withdrawn as of May 
28, 2003. We will take final action on the proposed rule after 
considering the comments received. We will not institute a second 
comment period on this action.

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: May 15, 2003.
Robert Brenner,
Acting Assistant Administrator.
[FR Doc. 03-12862 Filed 5-27-03; 8:45 am]
BILLING CODE 6560-50-P