[Federal Register Volume 69, Number 67 (Wednesday, April 7, 2004)]
[Proposed Rules]
[Pages 18338-18343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7776]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0196; FRL-7643-9]
RIN: 2060-AK73
National Emission Standards for Hazardous Air Pollutants for
Stationary Combustion Turbines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On March 5, 2004, EPA published final national emission
standards for hazardous air pollutants (NESHAP) for stationary
combustion turbines. As part of the NESHAP, EPA established eight
subcategories of stationary combustion turbines. Elsewhere in this
Federal Register, EPA is publishing a proposed rule to delete four of
these subcategories from the source category list required by section
112(c)(1) of the Clean Air Act (CAA). The EPA has made an initial
determination that the four subcategories satisfy the criteria for
deletion from the source category list established by section
112(c)(9)(B).
In this companion action, EPA is proposing to stay the
effectiveness of the combustion turbines NESHAP for new sources in the
lean premix gas-fired turbines and diffusion flame gas-fired turbines
subcategories, which are the two principal subcategories we are
proposing to delist. This action is necessary to avoid wasteful and
unwarranted expenditures on installation of emission controls which
will not be required if the subcategories are delisted.
DATES: Comments. Written comments on the proposed rule must be received
by EPA no later than May 24, 2004.
Public Hearing. A public hearing regarding the proposed rule will
be held if requests to speak are received by the EPA on or before April
14, 2004. If requested, a public hearing will be held on April 21,
2004.
ADDRESSES: Comments. Comments may be submitted electronically, by mail,
or through hand delivery/courier. Electronic comments may be submitted
on-line at http://www.epa.gov/edocket/. Written comments sent by U.S.
mail should be submitted (in duplicate if possible) to: Air and
Radiation Docket and Information Center (Mail Code 6102T), Attention
Docket Number OAR-2003-0196, Room B108, U.S. EPA, 1301 Constitution
Avenue, NW., Washington, DC 20460. Written comments delivered in person
or by courier (e.g., FedEx,
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Airborne, and UPS) should be submitted (in duplicate if possible) to:
Air and Radiation Docket and Information Center (Mail Code 6102T),
Attention Docket Number OAR-2003-0196, Room B102, U.S. EPA, 1301
Constitution Avenue, NW., Washington, DC 20460. The EPA requests a
separate copy also be sent to the contact person listed below (see FOR
FURTHER INFORMATION CONTACT).
Public Hearing. If a public hearing is requested by April 14, 2004,
the public hearing will be held in our EPA Office of Administration
Auditorium, Research Triangle Park, NC on April 21, 2004. Persons
interested in presenting oral testimony should contact Ms. Kelly A.
Rimer, Risk and Exposure Assessment Group, Emission Standards Division
(C404-01), U.S. EPA, Research Triangle Park, North Carolina 27711,
telephone number (919) 541-2962. Persons interested in attending the
public hearing should also contact Ms. Rimer to verify the time of the
hearing.
FOR FURTHER INFORMATION CONTACT: Ms. Kelly A. Rimer, Risk and Exposure
Assessment Group, Emission Standards Division (C404-01), U.S. EPA,
Research Triangle Park, NC 27711, telephone number (919) 541-2962,
electronic mail address [email protected].
SUPPLEMENTARY INFORMATION:
Docket. The EPA has established an official public docket for this
action under Docket ID Number OAR-2003-0196. The official public docket
is the collection of materials that is available for public viewing at
the EPA Docket Center (Air Docket), EPA West, Room B-108, 1301
Constitution Avenue, NW., Washington, DC 20004. The Docket Center 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, and 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 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 (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 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 EPA Docket Center.
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.
Comments. 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 key in Docket ID No. OAR-2003-0196. 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-2003-0196. 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 (Air Docket), U.S. EPA West, (MD-6102T), Room B-108, 1200
Pennsylvania Avenue, NW, Washington, DC 20460, Attention Docket ID No.
OAR-2003-0196.
By Hand Delivery or Courier. Deliver your comments (in duplicate,
if possible) to: EPA Docket Center, Room B-108, U.S. EPA West, 1301
Constitution Avenue, NW, Washington, DC 20004, Attention Docket ID No.
OAR-2003-0196. Such deliveries are
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only accepted during the Docket Center's normal hours of operation.
By Facsimile. Fax your comments to: (202) 566-1741, Docket ID No.
OAR-2003-0196.
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: Kelly
Rimer, c/o Roberto Morales, OAQPS Document Control Officer (C404-02),
U.S. EPA, 109 TW Alexander Drive, Research Triangle Park, NC 27709,
Attention Docket ID No. OAR-2003-0196. 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.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposed rule will also be available on
the WWW through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the proposed rule will be placed
on the TTN's policy and guidance page for newly proposed or promulgated
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.
Applicable Law. Pursuant to CAA section 307(d)(1)(V), the
Administrator has determined that it is appropriate to conduct this
rulemaking according to the procedures established by CAA section
307(d).
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Category SIC NAICS Examples of regulated entities
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Any industry using a stationary 4911 2211 Electric power generation, transmission, or distribution.
combustion turbine as defined 4922 486210 Natural gas transmission.
in the regulation. 1311 211111 Crude petroleum and natural gas production.
1321 211112 Natural gas liquids producers.
4931 221 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. 63.6085 of the
final rule. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
I. Description of the Proposed Rule
Elsewhere in today's Federal Register, EPA is proposing a rule to
amend the list of categories of sources that was developed pursuant to
CAA section 112(c)(1). The EPA is proposing to delete four
subcategories from the Combustion Turbines source category. Final MACT
standards creating these subcategories was published on March 5, 2004.
The standards will be published soon and will be codified at 40 CFR
part 63, subpart YYYY. The subcategories, as defined in 40 CFR 63.6175,
are: (1) Lean premix gas-fired stationary combustion turbines (also
referred to herein as ``lean premix gas-fired turbines''), (2)
diffusion flame gas-fired stationary combustion turbines (also referred
to herein as ``diffusion flame gas-fired turbines''), (3) emergency
stationary combustion turbines, and 4) stationary combustion turbines
located on the North Slope of Alaska.
The proposed rule to amend the source category list is being issued
in part to respond to a petition submitted by the Gas Turbine
Association (GTA) and in part upon the Administrator's own motion.
Petitions to remove a source category from the source category list are
permitted under section 112(c)(9) of the CAA. The proposed rule to
delete the four subcategories is based on an initial determination by
EPA that the subcategories satisfy the substantive criteria for
deletion set forth in section 112(c)(9)(B). The proposed rule to delete
the subcategories that appears elsewhere in today's Federal Register
contains a detailed description of the technical basis for the initial
determination.
Although EPA is proposing to delete from the source category list
four subcategories established by the final MACT standards for
Stationary Combustion Turbines, CAA section 112(d)(10) provides that
the standards for the four subcategories will take effect upon
publication of the standards. All turbines in the lean premix gas-fired
turbine and the diffusion flame gas-fired turbine subcategories which
were constructed or reconstructed after January 14, 2003, will then be
required to comply immediately with the emission standards for new
sources. This may cause some sources in the two subcategories to make
immediate expenditures on installation and testing of emission
controls, even though such controls will not be required if we adopt a
final rule to delete these subcategories. In view of our initial
determination that the statutory criteria for delisting have been met
for all sources in the four subcategories, we consider it inappropriate
and contrary to statutory intent to mandate such expenditures until
after a final determination has been made whether or not these
subcategories should be delisted. Such expenditures would be wasteful
and unwarranted if we take final action to delist these subcategories.
Moreover, if we take final action to delist the subcategories, sources
constructed or reconstructed while the rulemaking to delist is pending
would bear a regulatory burden not placed on identical sources
constructed or reconstructed thereafter. Accordingly, we are proposing
this rule to stay the effectiveness of the emission standards for new
sources for the lean premix gas-fired turbine and diffusion flame gas-
fired turbine subcategories during the pendency of the rulemaking to
delete these subcategories.
We are mindful that there would be no need to stay the
effectiveness of the standards for new sources in the two subcategories
if a rulemaking to delist the affected sources had been completed
before promulgation of the final MACT standards for combustion
turbines. However, we note that the GTA petition was not submitted
until quite late in the regulatory process. Moreover, we generally do
not make a definite determination concerning the characteristics of
subcategories until promulgation of final MACT standards. In these
circumstances, we do not believe it would be fair to make certain
affected sources bear the burden of a delay in our determination that a
subcategory meets the statutory criteria for delisting.
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The proposed stay is consistent with the precedents we have
established in similar circumstances in the past. In 1991, we issued a
final rule staying the effective date of the National Emission
Standards for Radionuclide Emissions from Federal Facilities Other Than
Nuclear Regulatory Commission Licenses and not covered by Subpart H (40
CFR part 61, Subpart H) (40 CFR part 61, Subpart I) for commercial
nuclear power reactors during the pendency of another rulemaking to
rescind the standards for those facilities (56 FR 37158 August 5,
1991). The rescission was authorized by section 112(d)(9) of the CAA
(the ``Simpson amendment''), which provides that we may decline to
regulate Nuclear Regulatory Commission (NRC) licensees under CAA
section 112 if the Administrator determines that the regulatory program
established by the NRC for a category or subcategory provides an ample
margin of safety to protect the public health. We had made an initial
determination that the NRC program for commercial nuclear power
reactors met this test, and we reasoned that ``it would frustrate the
evident purpose of Section 112(d)(9) if EPA were to permit Subpart I to
take effect for this subcategory during the pendency of the rulemaking
on rescission'' (56 FR 37159). That action was not challenged.
In 1995, we acted to provide another type of interim relief during
a delisting rulemaking. We suspended the listing of caprolactam, during
a rulemaking to delete caprolactam from the list of HAP established by
CAA section 112(b)(1) for purposes of determining the applicability of
title V permitting requirements (60 FR 081, September 18, 1995). We
based that action on our determination that ``retention, during the
rulemaking to delist caprolactam, of permit application requirements
which will no longer exist after the delisting process has been
completed would result in unnecessary private and public expenditures
on preparation, submission, and processing of such applications, and
would yield no environmental benefits'' (60 FR 084-85). That interim
relief action also was not challenged.
We are proposing to stay the effectiveness of the combustion
turbines emission standards for new sources in the lean premix gas-
fired turbines and the diffusion flame gas-fired turbines
subcategories, but only during the pendency of the rulemaking to delist
the subcategories. It is not our intention by staying the effectiveness
of the standards to change the definition of new sources within these
subcategories or to alter the status of any individual source. If the
subcategories are not ultimately delisted, the stay will be lifted, and
all sources in the subcategories constructed or reconstructed after
January 14, 2003 will then be subject to the final standards. The
sources will then be given the same time to make the requisite
demonstration of compliance they would have had if there had been no
stay.
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to 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
adverse affect in a material way the economy, a sector to 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 obligation 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.
Pursuant to the terms of Executive Order 12866, it has been
determined that the proposed action constitutes a ``significant
regulatory action'' because it may raise novel policy issues and is
therefore subject to OMB review. Changes made in response to OMB
suggestions or recommendations are documented in the public record (see
ADDRESSES section of this preamble).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
The proposed action will stay the effectiveness of the combustion
turbines NESHAP for new sources in the lean premix gas-fired turbines
and diffusion flame gas-fired turbines subcategories until a conclusion
is reached regarding deletion and therefore eliminate the need for
information collection toward regulatory compliance under the CAA.
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information. 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 48 CFR chapter 15.
C. Regulatory Flexibility Act (RFA)
The RFA 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 business, small organizations, and small
governmental jurisdictions. For the purposes of assessing the impacts
of today's proposed rule on small entities, small entity is defined as:
(1) A small business that meets the definitions for small business
based on the Small Business Association (SBA) size standards which, for
this proposed action, can include manufacturing (NAICS 3999-03) and air
transportation (NAICS 4522-98 and 4512-98) operations that employ less
1,000 people and engineering services (NAICS 8711-98) operations that
earn less than $20 million annually; (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.
After considering the economic impact of today's proposed rule on
small entities, I certify that this
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proposed action will not have a significant economic impact on a
substantial number of small entities. In determining whether a rule has
significant economic impact on a substantial number of small entities,
the impact of concern is any significant adverse economic impact on
small entities, since the primary purpose of the regulatory flexibility
analysis is to identify and address regulatory alternatives ``which
minimize any significant economic impact of the proposed rule on small
entities.'' (5 U.S.C. 603 and 604). Thus, an agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, or
otherwise has a positive economic effect on all of the small entities
subject to the rule. The proposed rule will stay the effectiveness of
the combustion turbines NESHAP for new sources in the lean premix gas-
fired turbines and diffusion flame gas-fired turbines subcategories.
This will stay the requirements to apply controls and will also stay
associated operating, monitoring and reporting requirements. These
burdens will be permanently lifted if EPA ultimately removes the four
source categories from the stationary combustion turbine source
category, and temporarily lifted if EPA does not ultimately delist the
subcategories. We have, therefore, concluded that today's proposed rule
will relieve regulatory burden for all small entities. We continue to
be interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 1044, 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 objectives of the rule. The provisions of section 205
do not 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.
Today's proposed rule contains no Federal mandates for State,
local, or tribal governments or the private sector. The proposed rule
imposes no enforceable duty on any State, local or tribal governments
or the private sector. In any event, EPA has determined that the
proposed 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 one year.
Thus, today's proposed rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
E. Executive Order 13132, Federalism
Executive Order 13132 (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'' is 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 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.
Today's action proposes to stay the effectiveness of the combustion
turbines NESHAP for new sources in the lean premix gas-fired turbines
and diffusion flame gas-fired turbines subcategories. It does not
impose any additional requirements on the States and does not affect
the balance of power between the States and the Federal government.
Thus, the requirements of section 6 of the Executive Order do not apply
to the proposed rule.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' The proposed rule does not
have tribal implications, as specified in Executive Order 13175. The
proposed action will stay the effectiveness of the combustion turbines
NESHAP for new sources in the lean premix gas-fired turbines and
diffusion flame gas-fired turbines subcategories. Executive Order 13175
does not apply to the proposed rule.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (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 Agency 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 the Agency.
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. The proposed rule is not
subject to Executive Order 13045 because it is not economically
[[Page 18343]]
significant as defined in Executive Order 12866, and because this
action is not based on health or safety risks. Thus, Executive Order
13045 does not apply to this rule.
H. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), requires EPA to prepare and submit a Statement of
Energy Effects to the Administrator of the Office of Information and
Regulatory Affairs, Office of Management and Budget, for certain
actions identified as ``significant energy actions.'' The proposed rule
is not a ``significant energy action'' because it is not likely to have
a significant adverse effect on the supply, distribution, or use of
energy.
I. National Technology Transfer and Advancement Act
Section 112(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) 915 U.S.C.
272 note), directs all Federal agencies to use voluntary consensus
standards instead of government-unique standards in their regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., material specifications, test method, sampling and
analytical procedures, business practices, etc.) that are developed or
adopted by one or more voluntary consensus standards bodies. Examples
of organizations generally regarded as voluntary consensus standards
bodies include the American society for Testing and Materials (ASTM),
the National Fire Protection Association (NFPA), and the Society of
Automotive Engineers (SAE). The NTTAA requires Federal agencies like
EPA to provide Congress, through OMB, with explanations when an agency
decides not to use available and applicable voluntary consensus
standards. The proposed rule does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
List of Subjects in 40 CFR part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: March 31, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-7776 Filed 4-6-04; 8:45 am]
BILLING CODE 6560-50-P