[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Rules and Regulations]
[Pages 51184-51188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15529]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0196; FRL-7783-7]
RIN 2060-AK73


National Emission Standards for Hazardous Air Pollutants for 
Stationary Combustion Turbines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; stay.

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SUMMARY: The EPA is staying the effectiveness of two subcategories of 
the National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for stationary combustion turbines: Lean premix gas-fired turbines and 
diffusion flame gas-fired turbines. Pending the outcome of EPA's 
proposal to delete these subcategories from the source category list 
(68 FR 18338, April 7, 2004), EPA is staying the effectiveness of the 
emissions and operating limitations in the stationary combustion 
turbines NESHAP for new sources in the lean premix gas-fired turbines 
and diffusion flame gas-fired turbines subcategories. 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: The final rule is effective on August 18, 2004.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2003-0196. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at the EPA Docket Center (Air Docket), EPA/DC, 
EPA West, Room B-102, 1301 Constitution Avenue, NW., Washington, DC 
10460. The 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, and the telephone number 
for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Kelly Rimer, Office of Air Quality 
Planning and Standards, Emission Standards Division, C404-01, 
Environmental Protection Agency, Research Triangle Park, NC 27709; 
telephone number: (919) 541-2962; fax number: 919-541-0840; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action include:

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                    Category                          SIC         NAICS                            Examples of regulated entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Any industry using a stationary combustion               4911         2211  Electric power generation, transmission, or distribution.
 turbine as defined in the regulation.
                                                         4922       486210  Natural gas transmission.
                                                         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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[[Page 51185]]

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 affected by this action, 
you should examine the applicability criteria in Sec.  63.6085 of the 
final rule and the subcategory definitions in Sec.  63.6090. 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.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review is available only by filing a petition for review in the U.S. 
Court of Appeals for the District of Columbia Circuit by 60 days from 
publication in the Federal Register. Under section 307(d)(7)(B) of the 
CAA, only an objection to a rule or procedure raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by the final rule may not be challenged 
separately in any civil or criminal proceeding brought to enforce these 
requirements.

I. Summary of Final Rule

    EPA is issuing a final rule to stay the effectiveness of the 
emission standards for new sources in two subcategories of the NESHAP 
for stationary combustion turbines. The effect of this stay is to 
suspend the obligation of sources in the lean premix gas-fired turbines 
and diffusion flame gas-fired turbines subcategories to comply with the 
emissions limitations and operating limitations set forth in 40 CFR 
part 63, subpart YYYY. EPA is codifying this stay by amending the text 
of 40 CFR 63.6095 as set forth below.
    Under this stay, new sources in the in the lean premix gas-fired 
turbines and diffusion flame gas-fired turbines subcategories, sources 
constructed or reconstructed after January 14, 2003, are temporarily 
relieved of the obligation to apply pollution controls and to comply 
with associated operating, monitoring, and reporting requirements. 
However, such sources must continue to submit Initial Notifications 
pursuant to 40 CFR 63.6145.
    The final stay shall take effect immediately upon publication in 
the Federal Register, but only during the pendency of a separate 
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. Background

    The final MACT standards for stationary combustion turbines were 
published on March 5, 2004 (69 FR 10512). These standards, codified at 
40 CFR part 63, subpart YYYY, define the subcategories for the 
Stationary Combustion Turbines source category.
    On April 7, 2004, EPA proposed a rule to amend the list of 
categories of sources that was developed pursuant to Clean Air Act 
(CAA) section 112(c)(1)(69 FR 18327). EPA proposed to delete four 
subcategories from the Stationary Combustion Turbines source category. 
The subcategories proposed for delisting, 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 was 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 
contains a detailed description of the technical basis for the initial 
determination.
    At the same time that EPA proposed to delist the four combustion 
turbines subcategories, we also proposed a companion action to stay the 
effectiveness of the standards in the lean premix gas-fired and 
diffusion flame-subcategories (69 FR 18338, April 7, 2004).

III. Basis for Stay

    Although EPA proposed 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 
as promulgated for the four subcategories take effect upon publication 
of the standards. Without a stay, 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, would 
have been required to comply immediately with the emission standards 
for new sources. This would have caused 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 issue 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 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 issuing this stay to 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.
    The final 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

[[Page 51186]]

Standards for Radionuclear Emissions From Federal Facilities Other Than 
Nuclear Regulatory Commission Licensees and Not Covered by Subpart H 
(40 CFR part 61, subparts H and 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 hazardous air 
pollutants 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.

IV. Summary of Comments and EPA Responses

    The EPA received six comments on the proposed stay and all 
commenters supported the proposed EPA action; we received no comments 
opposing the stay.

V. 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 final 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 final action stays 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 of these subcategories. Therefore, this rule 
eliminates the need for information collection for regulatory 
compliance purposes 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 EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. For 
the purposes of assessing the impacts of today's final 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 final 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 operations (NAICS 8711-98) 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 final rule on 
small entities, EPA has concluded that this final 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 final rule on small entities.'' (5 U.S.C. 603 
and 604). Thus, an agency may conclude 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 final rule stays the effectiveness of the stationary combustion 
turbines NESHAP for new sources in the lean premix gas-fired turbines 
and diffusion flame gas-fired turbines subcategories. This will suspend 
the requirements to apply pollution controls and associated

[[Page 51187]]

operating, monitoring, and reporting requirements. These requirements 
will be permanently lifted if EPA ultimately removes the four source 
categories from the Stationary Combustion Turbines source category, and 
temporarily lifted if EPA does not ultimately delist the subcategories. 
We have, therefore, concluded that today's final rule will relieve 
regulatory burden for all small entities.

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 final rule contains no Federal mandates for State, local, 
or tribal governments or the private sector. The final rule imposes no 
enforceable duty on any State, local or tribal governments or the 
private sector. In any event, EPA has determined that the final 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 1 year. Thus, today's final 
rule is not subject to the requirements of sections 202 and 205 of the 
UMRA.
    The EPA has determined that the final rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. The final rule relieves a regulatory requirement.

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.'' The term ``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 final 
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 
final regulation.
    Today's action stays the effectiveness of the stationary 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 Executive Order 13132 do not 
apply to the final 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 final rule does not have 
tribal implications, as specified in Executive Order 13175. The final 
action stays the effectiveness of the stationary 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 final 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 final rule is not 
subject to Executive Order 13045 because it is not economically 
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 the final 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 final 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.

[[Page 51188]]

I. National Technology Transfer and Advancement Act

    Section 112(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 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 final rule does not involve technical standards. 
Therefore, EPA did not consider the use of any voluntary consensus 
standards.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing today's final 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the comptroller General of the United States 
prior to publication of the rule in the Federal Register. This action 
is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule 
will be effective on August 18, 2004.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: July 1, 2004.
Michael O. Leavitt,
Administrator.


0
For the reasons set out in the preamble, title 40, chapter I, part 63 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart YYYY--National Emissions Standards for Hazardous Air 
Pollutants for Stationary Combustion Turbines

0
2. Section 63.6095 is amended by revising paragraph (a) and by adding 
paragraph (d) to read as follows:


Sec.  63.6095  When do I have to comply with this subpart?

    (a) Affected sources. (1) If you start up a new or reconstructed 
stationary combustion turbine which is a lean premix oil-fired 
stationary combustion turbine or a diffusion flame oil-fired stationary 
combustion turbine as defined by this subpart on or before March 5, 
2004, you must comply with the emissions limitations and operating 
limitations in this subpart no later than March 5, 2004.
    (2) If you start up a new or reconstructed stationary combustion 
turbine which is a lean premix oil-fired stationary combustion turbine 
or a diffusion flame oil-fired stationary combustion turbine as defined 
by this subpart after March 5, 2004, you must comply with the emissions 
limitations and operating limitations in this subpart upon startup of 
your affected source.
* * * * *
    (d) Stay of standards for gas-fired subcategories.
    If you start up a new or reconstructed stationary combustion 
turbine that is a lean premix gas-fired stationary combustion turbine 
or diffusion flame gas-fired stationary combustion turbine as defined 
by this subpart, you must comply with the Initial Notification 
requirements set forth in Sec.  63.6145 but need not comply with any 
other requirement of this subpart until EPA takes final action to 
require compliance and publishes a document in the Federal Register.

[FR Doc. 04-15529 Filed 8-17-04; 8:45 am]
BILLING CODE 6560-50-P