18003
Federal
Register
/
Vol.
68,
No.
71
/
Monday,
April
14,
2003
/
Proposed
Rules
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.

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withdrawn.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withdrawn,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
Paga
´
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
pagan.
jaime@
epa.
gov.

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:

Category
NAICS
SIC
Examples
of
regulated
entities
Any
industry
using
a
stationary
combustion
turbine
as
defined
in
the
direct
final
rule.
2211
486210
4911
4922
Electric
services.
Natural
gas
transmission.
211111
1311
Crude
petroleum
and
natural
gas.
211112
1321
Natural
gas
liquids.
221
4931
Electric
and
other
services,
combined.

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
§
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
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18004
Federal
Register
/
Vol.
68,
No.
71
/
Monday,
April
14,
2003
/
Proposed
Rules
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
air­
and­
rdocket
epa.
gov,
Attention
Docket
ID
No.
OAR
 
2002
 
0053.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
email
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
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Federal
Register
/
Vol.
68,
No.
71
/
Monday,
April
14,
2003
/
Proposed
Rules
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
kWhr
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
forprofit
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.
[
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