

[Federal Register: February 24, 2006 (Volume 71, Number 37)]
[Rules and Regulations]               
[Page 9453-9458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe06-14]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-OAR-2002-0053, FRL-8025-9]
RIN 2060-AK35

 
Standards of Performance for Stationary Gas Turbines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: EPA is taking direct final action to revise certain portions 
of the standards of performance for stationary gas turbines. We are 
taking direct final action to revise the standards to clarify that EPA 
is not imposing new requirements for turbines constructed after 1977. 
Owners and operators of existing and new turbines may use monitoring 
that meets the pre-existing monitoring requirements. In addition, we 
have described a number of acceptable compliance monitoring options 
that owners and operators may elect to use for these units. We see 
making the amendments by direct final rule as non-controversial and 
anticipate no adverse comments.

DATES: The direct final rule amendments are effective on April 25, 2006 
without further notice, unless EPA receives adverse comment by March 
27, 2006 or a public hearing is requested. If EPA receives such 
comments, it will publish a timely withdrawal in the Federal Register 
indicating which provisions are being withdrawn due to adverse comment.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-OAR-2002-0053. All documents in the docket are listed on the 
http://www.regulations.gov Web site. 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 through 
http://www.regulations.gov or in hard copy at the Air and Radiation Docket, 

Docket ID No. EPA-OAR-2002-0053, EPA/DC, EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. 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 and Radiation Docket is 
(202) 566-1742.

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 
``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:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category              NAICS      SIC           entities
------------------------------------------------------------------------
Any industry using a               2211      4911  Electric services.
 stationary combustion
 turbine as defined in 40 CFR
 60.331(a).
                                 486210      4922  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. 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.
    Comments. EPA is publishing the direct final amendments without 
prior proposal because we view the amendments as noncontroversial and 
anticipate no adverse comment. In the ``Proposed Rules'' section of 
this Federal Register, EPA is publishing a separate document that will 
serve as the proposal in the event that timely adverse comments are 
received. Comments may be submitted using the methods and following the 
instructions specified in the proposal published in the ``Proposed 
Rules'' section of today's Federal Register. If EPA receives adverse 
comment on the amendments, we will publish a timely withdrawal in the 
Federal Register indicating which provisions will become effective and 
which provisions are being withdrawn

[[Page 9454]]

due to adverse comment. EPA will address all public comments on the 
proposed rule in a subsequent final rule based on the proposed rule. 
Any of the distinct amendments in the direct final rule for which we do 
not receive adverse comment will become effective on the date set out 
above. EPA will not institute a second comment period on the direct 
final rule. Any parties interested in commenting must do so at this 
time.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule is also available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the final rule will be posted on the TTN policy and guidance 
page for newly proposed or promulgated rules at the following address: 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 

technology exchange in various areas of air pollution control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(CAA), judicial review of the direct final rule amendments is available 
only by filing a petition for review in the U.S. Court of Appeals for 
the District of Columbia by April 25, 2006. Under section 307(d)(7)(B) 
of the CAA, only an objection to the direct final rule amendments that 
was 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 direct final 
rule amendments may not be challenged separately in any civil or 
criminal proceedings brought by EPA to enforce these requirements.
    Organization of this document. The information presented in this 
preamble is organized as follows:

I. Background
II. Today's Action
    A. Monitoring Options
    B. Other Minor Revisions to the Rule Amendments
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    Under section 111 of the Clean Air Act (CAA), 42 U.S.C. 7411, the 
EPA promulgated standards of performance for stationary gas turbines 
(40 CFR part 60, subpart GG). The standards were promulgated on 
September 10, 1979 (44 FR 52798). Since that time, there have been many 
advances in the design of NOX emission controls used in gas 
turbines, and additional test methods have been developed to measure 
emissions from gas turbines. As a result of these advances, we have had 
many requests for case-by-case approvals of alternative testing and 
monitoring procedures for gas turbines regulated under subpart GG of 40 
CFR part 60. We promulgated the 2004 amendments to subpart GG of 40 CFR 
part 60 to codify the alternatives that have been routinely approved. 
Additionally, we were attempting to harmonize, where appropriate, the 
provisions of subpart GG of 40 CFR part 60 with the monitoring 
provisions of 40 CFR part 75, the continuous emission monitoring 
requirements of the acid rain program under title IV of the CAA, since 
many existing and new gas turbines are subject to both regulations.
    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). 
We stated in the preambles to the direct final rule and parallel 
proposal that if we received adverse comments 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 
preamble to the proposal also stated that if a public hearing was 
requested by April 24, 2003, the hearing would be held on May 14, 2003, 
and the comment period would be extended until 30 days after the date 
of the public hearing. Since a public hearing was requested, the 
comment period was extended until June 13, 2003. The entire direct 
final rule was withdrawn in order to avoid the direct final rule 
becoming effective.
    On July 8, 2004, we published a final rule (69 FR 41346) amending 
the standards of performance for stationary gas turbines (40 CFR part 
60, subpart GG). On September 1, 2004, the Interstate Natural Gas 
Association of America filed a Petition for Review of EPA's final rule. 
Interstate Natural Gas Association of America v. EPA, No. 04-1296 (D.C. 
Cir.). In accordance with a settlement agreement in that case, EPA is 
promulgating the direct final rule, which contains certain revisions to 
the final rule published on July 8, 2004.

II. Today's Action

A. Monitoring Options

    Under the original provisions of subpart GG, 40 CFR part 60, any 
affected unit with a water injection system to control NOX 
emissions was required to install and operate a continuous monitoring 
system to monitor and record the fuel consumption and the ratio of 
water to fuel being fired in the turbine. These operating parameters 
demonstrate that a turbine continues to operate under the same 
performance conditions as those documented during the initial and any 
subsequent compliance tests, thus providing reasonable assurance of 
compliance with the NOX standard. Subpart GG of 40 CFR part 
60, as originally promulgated, did not include NOX 
monitoring requirements for gas turbines that did not use water 
injection to control NOX.
    The amendments finalized on July 8, 2004, were intended to codify 
several alternative testing and monitoring procedures for 
NOX emissions that have routinely been approved by EPA, 
State, and local permitting authorities. The amendments were also 
intended to reflect changes in NOX emission control 
technologies and turbine design since the standards were promulgated. 
We stated in the preamble to the 2004 amendments that nothing in the 
amendments was intended to impose new requirements for turbines 
constructed between 1977 and the effective date of the final rule 
amendments.
    The 2004 amendments set forth several alternative methods for 
monitoring NOX emissions that could be used by owners or 
operators of newer turbines (turbines put into operation since subpart 
GG of 40 CFR part 60 was originally promulgated) (40 CFR 60.334(b) 
through (f)). Some of these provisions presented NOX 
monitoring options for turbines that use water or steam to control 
NOX emissions (40 CFR 60.334(b) and (d)), while others 
presented NOX monitoring options for turbines that do not 
use water or steam to control NOX (40 CFR 60.334(c), (e), 
and (f)). For both newer turbines that use water or steam to control 
NOX emissions and those that do not, these provisions were 
written using permissive language (the owner or operator ``may'' use a 
particular method) rather than obligatory language (the owner or 
operator ``shall'' use a particular method).

[[Page 9455]]

    While we stated in the July 8, 2004, preamble to the final rule 
amendments that nothing in the amendments was intended to impose new 
requirements for newer turbines, the preamble also contained statements 
that may have implied that newer turbines that do not use water or 
steam to control NOX emissions were required to install one 
of the types of monitoring devices described in the amendments. (See, 
e.g., response to comment at 69 FR 41352 (``We do not agree with the 
commenter's suggested clarification that the monitoring requirements 
should apply only to turbines that use steam or water injection to 
control NOX emissions to comply with the NOX 
standards under 40 CFR 60.332(a). * * * Although a turbine may be able 
to meet the NOX emission standard with other control 
technologies, continuous monitoring is needed to ensure that the 
emission limit is being met at all times.'').) Furthermore, while the 
final rule provisions governing newer turbines that do not use water or 
steam to control NOX emissions were written using permissive 
language, the final rule, read in conjunction with the preamble 
language, could be interpreted to imply that owners or operators of 
such newer turbines were required to install one of the types of 
monitoring devices. In addition, other final rule provisions, namely 40 
CFR 60.334(j) and 40 CFR 60.335(b)(8), appeared to support the reading 
of the NOX monitoring standards as requiring that newer 
turbines not using water or steam to control NOX must comply 
with one of the continuous monitoring options.
    Because, contrary to our stated intent, the standards applying to 
newer turbines that do not use water or steam to control NOX 
could be read to impose new monitoring requirements, we are revising 
particular provisions of the amended subpart GG of 40 CFR part 60 
regulations to make clear that the enumerated monitoring methods are 
optional rather than mandatory. We have revised the amended standards 
at 40 CFR 60.334(c), (e), and (f) to clarify that the monitoring 
methods described in these provisions are options rather than 
requirements for turbines that do not use water or steam to control 
NOX emissions.
    We decided that it was not necessary to impose continuous 
monitoring requirements on turbines that do not use water injection to 
control NOX because the NOX emissions of these 
turbines are, in almost all instances, well below the 40 CFR part 60, 
subpart GG, NOX emission limits. For example, most lean 
premix turbines and many diffusion-flame turbines do not need any add-
on controls to meet the NOX limit under subpart GG that can 
range from 75 to over 100 parts per million by volume NOX, 
depending on the efficiency of the unit. It is very unlikely that the 
turbine will be found to be out of compliance with the NOX 
limit. Thus, requiring the use of NOX continuous emission 
monitoring systems (CEMS) is not appropriate. In addition, we have 
recently proposed standards of performance for new stationary 
combustion turbines in 40 CFR part 60, subpart KKKK, that will set new 
NOX emissions limits and monitoring requirements. (70 FR 
8314, February 18, 2005.) Thus, once the standards in subpart KKKK are 
final, the amendments to subpart GG of 40 CFR part 60 affect only gas 
turbines commencing construction, reconstruction, and modification 
after July 8, 2004, and prior to February 18, 2005, for newly 
constructed sources or 6 months after the date that subpart KKKK 
becomes final for reconstructed and modified sources.

B. Other Minor Revisions to the Rule Amendments

1. Revision to Language on Previously Approved Monitoring Procedures
    The second sentence of amended 40 CFR 60.334(c) provided: ``Also, 
if the owner or operator has previously submitted and received EPA or 
local permitting authority approval of a petition for an alternative 
procedure of continuously monitoring compliance with the applicable 
NOX emission limit under 40 CFR 60.332, that approved 
procedure may continue to be used, even if it deviates from paragraph 
(a) of this section.'' It has been brought to our attention that many 
alternative monitoring methods are approved by incorporation into 
permits, rather than through a petition process. Therefore, we have 
revised 40 CFR 60.334(c) to reflect that approval process. Furthermore, 
we have removed the word ``continuously'' and the final phrase of 40 
CFR 60.334(c) because monitoring methods other than the continuous 
monitoring methods described in 40 CFR 60.334(a) and the first sentence 
of 40 CFR 60.334(c) have been approved by EPA, State, and local 
permitting authorities. In addition, the last sentence of 40 CFR 
60.334(e) is being revised to reflect the fact that other monitoring 
methods, including periodic testing, have been approved by EPA, State, 
and local authorities for regulated turbines that do not use water and 
steam to control NOX emissions.
2. Clarification of the Types of New Turbines Being Referred to in 40 
CFR 60.334(f) Introductory Text
    The introductory text to 40 CFR 60.334(f) described parametric 
monitoring options that could be used by new turbines. We added text to 
clarify our intent that this provision applies to turbines that 
commence construction after July 8, 2004, which do not use water or 
steam to control NOX emissions.
3. Modification of the Reference to ``Lean Premixed (Low-
NOX) Combustion Mode'' in 40 CFR 60.334(f)(2)
    Section 60.334(f)(2) described an acceptable continuous parameter 
monitoring option for turbines that do not use water or steam to 
control NOX as follows: ``For any lean premix stationary 
combustion turbine, the owner or operator shall continuously monitor 
the appropriate parameters to determine whether the unit is operating 
in the lean premixed (low-NOX) combustion mode.'' The 
petitioner has asserted that the term ``lean premixed (low-
NOX) combustion mode'' is not clearly defined, especially 
for units that are in load following applications or operating with 
short-duration load variability. Furthermore, current generation 
industrial turbines are not likely to exceed the new source performance 
standard (NSPS) emission limit even when operating in a transition 
mode. We believe that shortening this phrase to simply ``low-
NOX mode'' is a better indicator of acceptable emissions 
performance in compliance with the emission limit.
4. Other Minor Revisions to Reflect the Fact That the Described 
Monitoring Methods Are Optional for Turbines That Do Not Use Water or 
Steam To Control NOX Emissions
    For the same reasons that we modified 40 CFR 60.334(c), (e), and 
(f) to reflect the fact that the monitoring methods are options rather 
than requirements for the newer turbines in question, we revised the 
introductory text of 40 CFR 60.334(j), 60.334(j)(1)(iv), and 40 CFR 
60.335(b)(8) to reflect that these monitoring methods are optional 
rather than required.
5. Addition of References to States as Permitting Authorities
    We have revised 40 CFR 60.334(c) and (e) by adding a reference to 
State permitting authorities, to reflect the fact that State permitting 
authorities, in addition to EPA and local permitting authorities, are 
in some instances the appropriate authorities to approve alternative 
monitoring procedures.

[[Page 9456]]

6. Correction of an Inadvertent Error in 40 CFR 60.334(j)(5) That 
Resulted in Changes to the Frequency of Submittals of Excess Emissions 
Reports
    Excess emissions reports for affected turbines are due semi-
annually as required under 40 CFR 60.7(c). Only turbines that qualify 
under the ``ice fog'' exemption (40 CFR 60.334(j)(3)) are required to 
submit quarterly reports. When revising 40 CFR 60.334 in the July 8, 
2004, final rule, we inadvertently stated in 40 CFR 60.334(j)(5) that 
the reports required under 40 CFR 60.7 shall be filed quarterly rather 
than semi-annually. In this action, we are revising 40 CFR 60.334(j)(5) 
to correct this inadvertent error.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether a regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) 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 
adversely affect in a material way the economy, a sector of 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 obligations 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.
    It has been determined that today's action is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is, 
therefore, not subject to Executive Order 12866 review.

B. Paperwork Reduction Act

    Today's action does not impose any new information collection 
burden. 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.
    Today's action contains no revisions to the information collection 
requirements of the current NSPS that would increase the burden to 
sources, and the currently approved OMB information collection requests 
are still in force for the final rule.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with today's action.
    For purposes of assessing the impacts of today's action 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 
kilowatt per hour (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 six NAICS codes may be affected 
by the final rule, and the small business definition applied to each 
industry by NAICS code is that listed in the Small Business 
Administration size standards (13 CFR part 121).
    After considering the economic impacts of today's action on small 
entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
This conclusion is based on the fact that the direct final rule does 
not create, modify nor eliminate any of the requirements in the 40 CFR 
part 60, subpart GG regulations. Furthermore, the stringency of the 
emission standards is not affected by this action.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, 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 by State, local, and tribal governments, in 
the aggregate, or by 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 objective 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.
    EPA has determined that today's action contains no Federal mandates 
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, the final rule amendments are not subject to the 
requirements of sections 202 and 205 of the UMRA. In addition, EPA has 
determined that the final rule amendments contain no regulatory 
requirements that might significantly or uniquely affect small 
governments because they contain no requirements that apply to such 
governments or

[[Page 9457]]

impose obligations upon them. Therefore, today's action is not subject 
to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires us 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'' are 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.''
    Today's action does not have federalism implications. It will not 
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, 
as specified in Executive Order 13132. Thus, Executive Order 13132 does 
not apply to today's action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 6, 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.''
    Today's action does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. We 
do not know of any stationary gas turbines owned or operated by Indian 
tribal governments. However, if there are any, the effect of the final 
rule on communities of tribal governments would not be unique or 
disproportionate to the effect on other communities. Thus, Executive 
Order 13175 does not apply to today's action.

G. Executive Order 13045: Protection of Children From Environmental 
Health 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 we have reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we 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.
    We interpret 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. Today's action is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    Today's action is not subject to Executive Order 13211 because it 
is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs EPA 
to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to OMB, with explanations when an 
agency does not use available and applicable voluntary consensus 
standards.
    Today's action 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. Section 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. EPA will submit a report containing the 
final rule amendments 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 final rule amendments 
in the Federal Register. Today's action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2). This rule will be effective April 25, 2006.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Nitrogen dioxide, 
Reporting and recordkeeping requirements.

    Dated: January 20, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 60, 
of the Code of Federal Regulations is amended to read as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart GG--[Amended]

0
2. Section 60.334 is amended by:
0
a. Revising paragraphs (c) and (e);
0
b. Revising paragraph (f) introductory text and (f)(2); and
0
c. Revising paragraph (j) introductory text, (j)(1)(iv), and (j)(5) to 
read as follows:


Sec.  60.334  Monitoring of operations.

* * * * *
    (c) For any turbine that commenced construction, reconstruction or 
modification after October 3, 1977, but before July 8, 2004, and which 
does not use steam or water injection to control NOX 
emissions, the owner or operator may, but is not required to, for 
purposes of determining excess emissions, use a CEMS that meets the 
requirements of paragraph (b) of this section. Also, if the owner or 
operator has previously submitted and received EPA, State, or local 
permitting authority approval of a procedure for monitoring compliance 
with the applicable NOX emission limit under Sec.  60.332, 
that approved procedure may continue to be used.
* * * * *
    (e) The owner or operator of any new turbine that commences 
construction after July 8, 2004, and which does not use water or steam 
injection to control NOX emissions, may, but is not required 
to, elect to use a NOX CEMS installed, certified, operated, 
maintained, and quality-assured as described in

[[Page 9458]]

paragraph (b) of this section. Other acceptable monitoring approaches 
include periodic testing approved by EPA or the State or local 
permitting authority or continuous parameter monitoring as described in 
paragraph (f) of this section.
    (f) The owner or operator of a new turbine that commences 
construction after July 8, 2004, which does not use water or steam 
injection to control NOX emissions may, but is not required 
to, perform continuous parameter monitoring as follows:
* * * * *
    (2) For any lean premix stationary combustion turbine, the owner or 
operator shall continuously monitor the appropriate parameters to 
determine whether the unit is operating in low-NOX mode.
* * * * *
    (j) For each affected unit that elects to continuously monitor 
parameters or emissions, or to periodically determine the fuel sulfur 
content or fuel nitrogen content under this subpart, the owner or 
operator shall submit reports of excess emissions and monitor downtime, 
in accordance with Sec.  60.7(c). Excess emissions shall be reported 
for all periods of unit operation, including startup, shutdown and 
malfunction. For the purpose of reports required under Sec.  60.7(c), 
periods of excess emissions and monitor downtime that shall be reported 
are defined as follows:
    (1) * * *
    (iv) For owners or operators that elect, under paragraph (f) of 
this section, to monitor combustion parameters or parameters that 
document proper operation of the NOX emission controls:
* * * * *
    (5) All reports required under Sec.  60.7(c) shall be postmarked by 
the 30th day following the end of each 6-month period.

0
3. Section 60.335 is amended by revising paragraph (b)(8) to read as 
follows:


Sec.  60.335  Test methods and procedures.

* * * * *
    (b) * * *
    (8) If the owner or operator elects under Sec.  60.334(f) to 
monitor combustion parameters or parameters indicative of proper 
operation of NOX emission controls, the appropriate 
parameters shall be continuously monitored and recorded during each run 
of the initial performance test, to establish acceptable operating 
ranges, for purposes of the parameter monitoring plan for the affected 
unit, as specified in Sec.  60.334(g).
* * * * *
[FR Doc. 06-1743 Filed 2-23-06; 8:45 am]

BILLING CODE 6560-50-P
