

[Federal Register: February 24, 2006 (Volume 71, Number 37)]
[Proposed Rules]               
[Page 9504-9505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe06-29]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-OAR-2002-0053, FRL-8025-8]
RIN 2060-AK35

 
Standards of Performance for Stationary Gas Turbines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: EPA is proposing to revise certain portions of the standards 
of performance for stationary gas turbines. We are proposing these 
revisions 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.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on these proposed revisions because we 
view these revisions as noncontroversial, and we anticipate no adverse 
comments. We have explained our reasons for the revisions in the 
preamble to the direct final rule.

DATES: Comments must be received on or before March 27, 2006, unless a 
public hearing is requested. If requested by March 13, 2006, a public 
hearing will be held on March 27, 2006 and the comment period will be 
extended until April 25, 2006. Inquiries regarding a public hearing 
should be directed to the contact person listed below.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-OAR-
2002-0053 by one of the following methods:
     Federal eRulemaking portal http://www.regulations.gov. 

Follow the on-line instructions for submitting comments;
     E-mail: a-and-r-docket@epa.gov
     Fax comments to (202) 566-1741; or
     Mail: Air and Radiation Docket and Information Center, 
U.S. EPA, Mailcode: 6102T, 1200 Pennsylvania Avenue NW., Washington, DC 
20460.
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW, Washington, 
DC. Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions. Direct your comments to Docket ID No. EPA-OAR-2002-
0053. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 

is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket. All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air and Radiation 

Docket, 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 Docket is (202) 566-1742. A reasonable fee may be 
charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pagan, Combustion Group, 
Emission Standards Division (C439-01), U.S. EPA, Research Triangle 
Park, North Carolina 27711; telephone number (919) 541-5340; facsimile 
number (919) 541-5450; electronic mail address ``pagan.jaime@epa.gov.''

SUPPLEMENTARY INFORMATION: Comments. If we receive no significant 
adverse comments, we will take no further action on the proposed 
amendments. If we receive significant 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.
    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
            Category               NAICS       SIC         regulated
                                                            entities
------------------------------------------------------------------------
Any industry using a stationary       2211       4911  Electric
 combustion turbine as defined                          services.
 in 40 CFR 60.331(a).
                                    486210       4922  Natural gas
                                                        transmission.
                                    211111       1311  Crude petroleum
                                                        and natural gas.

[[Page 9505]]


                                    211112       1321  Natural gas
                                                        liquids.
                                       221       4931  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. 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.
    Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 

the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA Facility Complex in Research Triangle Park, NC, or at 
an alternate site nearby. Persons interested in presenting oral 
testimony or inquiring as to whether a hearing is to be held should 
contact Ms. Pamela Garrett, EPA, Office of Air Quality Planning and 
Standards, Emission Standards Division, Combustion Group (C439-01), 
Research Triangle Park, NC 27711, telephone number (919) 541-7966, e-
mail address: garrett.pamela@epa.gov, at least 2 days in advance of the 
potential date of the public hearing. Persons interested in attending 
the public hearing must also call Ms. Garrett 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 through 
the http://WWW. Following the Administrator's signature, a copy of this action 

will be posted on EPA's Technology Transfer Network (TNN) policy and 
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg/.
 The TTN at EPA's Web site provides information 

and technology exchange in various areas of air pollution control.

Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations sections of today's Federal Register.

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act (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 businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the proposed rule 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-hour 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 proposed rule 
amendments, 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 the proposed rule 
amendments on small entities, I certify that today's action will not 
have a significant economic impact on a substantial number of small 
entities. This conclusion is based on the fact that today's action does 
not impose any new requirements in the 40 CFR part 60, subpart GG 
regulations. Furthermore, the stringency of the emission standards is 
not affected by this action. 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.

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.
[FR Doc. 06-1742 Filed 2-23-06; 8:45 am]

BILLING CODE 6560-50-P
