6560­
50­
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
63
[
OAR­
2003­
0196;
FRL­
]

RIN:
2060­
AK73
National
Emission
Standards
for
Hazardous
Air
Pollutants
for
Stationary
Combustion
Turbines
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
rule.

SUMMARY:
On
March
5,
2004,
EPA
published
final
national
emission
standards
for
hazardous
air
pollutants
(
NESHAP)
for
stationary
combustion
turbines.
As
part
of
the
NESHAP,
EPA
established
eight
subcategories
of
stationary
combustion
turbines.
Elsewhere
in
this
Federal
Register,
EPA
is
publishing
a
proposed
rule
to
delete
four
of
these
subcategories
from
the
source
category
list
required
by
section
112(
c)(
1)
of
the
Clean
Air
Act
(
CAA).
The
EPA
has
made
an
initial
determination
that
the
four
subcategories
satisfy
the
criteria
for
deletion
from
the
source
category
list
established
by
section
112(
c)(
9)(
B).

In
this
companion
action,
EPA
is
proposing
to
stay
the
effectiveness
of
the
combustion
turbines
NESHAP
for
new
sources
in
the
lean
premix
gas­
fired
turbines
and
diffusion
flame
gas­
fired
turbines
subcategories,
which
are
the
two
principal
subcategories
we
are
proposing
to
delist.
This
action
is
necessary
to
avoid
wasteful
and
unwarranted
2
expenditures
on
installation
of
emission
controls
which
will
not
be
required
if
the
subcategories
are
delisted.

DATES:
Comments.
Written
comments
on
the
proposed
rule
must
be
received
by
EPA
no
later
than
[
INSERT
DATE
45
DAYS
FROM
PUBLICATION
OF
THE
PROPOSED
RULE
IN
THE
FEDERAL
REGISTER].

Public
Hearing.
A
public
hearing
regarding
the
proposed
rule
will
be
held
if
requests
to
speak
are
received
by
the
EPA
on
or
before
[
INSERT
DATE
7
DAYS
FROM
PUBLICATION
OF
THE
PROPOSED
RULE
IN
THE
FEDERAL
REGISTER].
If
requested,
a
public
hearing
will
be
held
on
[
INSERT
DATE
14
DAYS
FROM
PUBLICATION
OF
THE
PROPOSED
RULE
IN
THE
FEDERAL
REGISTER].

ADDRESSES:
Comments.
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.

Electronic
comments
may
be
submitted
on­
line
at
http://
www.
epa.
gov/
edocket/.
Written
comments
sent
by
U.
S.

mail
should
be
submitted
(
in
duplicate
if
possible)
to:
Air
and
Radiation
Docket
and
Information
Center
(
Mail
Code
6102T),
Attention
Docket
Number
OAR­
2003­
0196,
Room
B108,

U.
S.
EPA,
1301
Constitution
Avenue,
NW.,
Washington,
DC
20460.
Written
comments
delivered
in
person
or
by
courier
(
e.
g.,
FedEx,
Airborne,
and
UPS)
should
be
submitted
(
in
duplicate
if
possible)
to:
Air
and
Radiation
Docket
and
Information
Center
(
Mail
Code
6102T),
Attention
Docket
3
Number
OAR­
2003­
0196,
Room
B102,
U.
S.
EPA,
1301
Constitution
Avenue,
NW.,
Washington,
DC
20460.
The
EPA
requests
a
separate
copy
also
be
sent
to
the
contact
person
listed
below
(
see
FOR
FURTHER
INFORMATION
CONTACT).

Public
Hearing.
If
a
public
hearing
is
requested
by
[
INSERT
DATE
7
DAYS
FROM
PUBLICATION
OF
THE
PROPOSED
RULE
IN
THE
FEDERAL
REGISTER],
the
public
hearing
will
be
held
in
our
EPA
Office
of
Administration
Auditorium,
Research
Triangle
Park,
NC
on
[
INSERT
DATE
14
DAYS
FROM
PUBLICATION
OF
THE
PROPOSED
RULE
IN
THE
FEDERAL
REGISTER].
Persons
interested
in
presenting
oral
testimony
should
contact
Ms.
Kelly
A.

Rimer,
Risk
and
Exposure
Assessment
Group,
Emission
Standards
Division
(
C404­
01),
U.
S.
EPA,
Research
Triangle
Park,
North
Carolina
27711,
telephone
number
(
919)
541­
2962.

Persons
interested
in
attending
the
public
hearing
should
also
contact
Ms.
Rimer
to
verify
the
time
of
the
hearing.

FOR
FURTHER
INFORMATION
CONTACT:
Ms.
Kelly
A.
Rimer,
Risk
and
Exposure
Assessment
Group,
Emission
Standards
Division
(
C404­
01),
U.
S.
EPA,
Research
Triangle
Park,
NC
27711,

telephone
number
(
919)
541­
2962,
electronic
mail
address
rimer.
kelly@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

Docket.
The
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
Number
OAR­
2003­
0196.
The
4
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
EPA
Docket
Center
(
Air
Docket),
EPA
West,
Room
B­
108,
1301
Constitution
Avenue,
NW,
Washington,
DC
20004.
The
Docket
Center
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,

excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
Air
Docket
is
(
202)
566­
1742.

Electronic
Access.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
of
the
contents
of
the
official
public
docket,
and
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search"
and
key
in
the
appropriate
docket
identification
number.

Certain
types
of
information
will
not
be
placed
in
the
EPA
dockets.
Information
claimed
as
confidential
business
information
(
CBI)
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
The
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
5
form
in
the
official
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
EPA
Docket
Center.

For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,

will
be
available
in
the
public
docket.

Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,

physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

Comments.
You
may
submit
comments
electronically,
by
mail,
6
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
7
able
to
consider
your
comment.

Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
Once
in
the
system,

select
"
search"
and
key
in
Docket
ID
No.
OAR­
2003­
0196.
The
system
is
an
"
anonymous
access"
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.

Comments
may
be
sent
by
electronic
mail
(
e­
mail)
to
a­
and­
r­
docket@
epa.
gov,
Attention
Docket
ID
No.
OAR­
2003­

0196.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
"
anonymous
access"
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket
and
made
available
in
EPA's
electronic
public
docket.

You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
this
document.

These
electronic
submissions
will
be
accepted
in
WordPerfect
8
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.

By
Mail.
Send
your
comments
(
in
duplicate,
if
possible)
to:

EPA
Docket
Center
(
Air
Docket),
U.
S.
EPA
West,
(
MD­
6102T),

Room
B­
108,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460,
Attention
Docket
ID
No.
OAR­
2003­
0196.

By
Hand
Delivery
or
Courier.
Deliver
your
comments
(
in
duplicate,
if
possible)
to:
EPA
Docket
Center,
Room
B­
108,

U.
S.
EPA
West,
1301
Constitution
Avenue,
NW,
Washington,
DC
20004,
Attention
Docket
ID
No.
OAR­
2003­
0196.
Such
deliveries
are
only
accepted
during
the
Docket
Center's
normal
hours
of
operation.

By
Facsimile.
Fax
your
comments
to:
(
202)
566­
1741,
Docket
ID
No.
OAR­
2003­
0196.

CBI.
Do
not
submit
information
that
you
consider
to
be
CBI
through
EPA's
electronic
public
docket
or
by
e­
mail.
Send
or
deliver
information
identified
as
CBI
only
to
the
following
address:
Kelly
Rimer,
c/
o
Roberto
Morales,
OAQPS
Document
Control
Officer
(
C404­
02),
U.
S.
EPA,
109
TW
Alexander
Drive,
Research
Triangle
Park,
NC
27709,
Attention
Docket
ID
No.
OAR­
2003­
0196.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,

mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
9
specific
information
that
is
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.

Worldwide
Web
(
WWW).
In
addition
to
being
available
in
the
docket,
an
electronic
copy
of
today's
proposed
rule
will
also
be
available
on
the
WWW
through
the
Technology
Transfer
Network
(
TTN).
Following
the
Administrator's
signature,
a
copy
of
the
proposed
rule
will
be
placed
on
the
TTN's
policy
and
guidance
page
for
newly
proposed
or
promulgated
rules
at
http://
www.
epa.
gov/
ttn/
oarpg.
The
TTN
provides
information
and
technology
exchange
in
various
areas
of
air
pollution
control.
If
more
information
regarding
the
TTN
is
needed,

call
the
TTN
HELP
line
at
(
919)
541­
5384.

Applicable
Law.
Pursuant
to
CAA
section
307(
d)(
1)(
V),
the
Administrator
has
determined
that
it
is
appropriate
to
conduct
this
rulemaking
according
to
the
procedures
established
by
CAA
section
307(
d).

SUPPLEMENTARY
INFORMATION:

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

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Category
SIC
NAICS
Examples
of
regulated
entities
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Any
industry
4911
2211
Electric
power
generation,
using
a
transmission,
or
stationary
distribution
combustion
4922
486210
Natural
gas
transmission
10
turbine
as
1311
211111
Crude
petroleum
and
natural
defined
gas
production
in
the
1321
211112
Natural
gas
liquids
producers
regulation.
4931
221
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
§
63.6085
of
the
final
rule.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
in
the
preceding
FOR
FURTHER
INFORMATION
CONTACT
section.

I.
Description
of
the
Proposed
Rule
Elsewhere
in
today's
Federal
Register,
EPA
is
proposing
a
rule
to
amend
the
list
of
categories
of
sources
that
was
developed
pursuant
to
CAA
section
112(
c)(
1).
The
EPA
is
proposing
to
delete
four
subcategories
from
the
Combustion
Turbines
source
category.
Final
MACT
standards
creating
these
subcategories
was
published
on
March
5,
2004.
The
standards
will
be
published
soon
and
will
be
codified
at
40
CFR
part
63,
subpart
YYYY.
The
subcategories,
as
defined
in
40
CFR
63.6175,
are:
(
1)
lean
premix
gas­
fired
stationary
combustion
turbines
(
also
referred
to
herein
as
"
lean
premix
gas­
fired
turbines"),
(
2)
diffusion
flame
gas­
fired
stationary
combustion
turbines
(
also
referred
to
herein
as
"
diffusion
flame
gas­
fired
turbines"),
(
3)
emergency
11
stationary
combustion
turbines,
and
4)
stationary
combustion
turbines
located
on
the
North
Slope
of
Alaska.

The
proposed
rule
to
amend
the
source
category
list
is
being
issued
in
part
to
respond
to
a
petition
submitted
by
the
Gas
Turbine
Association
(
GTA)
and
in
part
upon
the
Administrator's
own
motion.
Petitions
to
remove
a
source
category
from
the
source
category
list
are
permitted
under
section
112(
c)(
9)
of
the
CAA.
The
proposed
rule
to
delete
the
four
subcategories
is
based
on
an
initial
determination
by
EPA
that
the
subcategories
satisfy
the
substantive
criteria
for
deletion
set
forth
in
section
112(
c)(
9)(
B).

The
proposed
rule
to
delete
the
subcategories
that
appears
elsewhere
in
today's
Federal
Register
contains
a
detailed
description
of
the
technical
basis
for
the
initial
determination.

Although
EPA
is
proposing
to
delete
from
the
source
category
list
four
subcategories
established
by
the
final
MACT
standards
for
Stationary
Combustion
Turbines,
CAA
section
112(
d)(
10)
provides
that
the
standards
for
the
four
subcategories
will
take
effect
upon
publication
of
the
standards.
All
turbines
in
the
lean
premix
gas­
fired
turbine
and
the
diffusion
flame
gas­
fired
turbine
subcategories
which
were
constructed
or
reconstructed
after
January
14,
2003,
will
then
be
required
to
comply
immediately
with
the
emission
standards
for
new
sources.
12
This
may
cause
some
sources
in
the
two
subcategories
to
make
immediate
expenditures
on
installation
and
testing
of
emission
controls,
even
though
such
controls
will
not
be
required
if
we
adopt
a
final
rule
to
delete
these
subcategories.
In
view
of
our
initial
determination
that
the
statutory
criteria
for
delisting
have
been
met
for
all
sources
in
the
four
subcategories,
we
consider
it
inappropriate
and
contrary
to
statutory
intent
to
mandate
such
expenditures
until
after
a
final
determination
has
been
made
whether
or
not
these
subcategories
should
be
delisted.

Such
expenditures
would
be
wasteful
and
unwarranted
if
we
take
final
action
to
delist
these
subcategories.
Moreover,

if
we
take
final
action
to
delist
the
subcategories,
sources
constructed
or
reconstructed
while
the
rulemaking
to
delist
is
pending
would
bear
a
regulatory
burden
not
placed
on
identical
sources
constructed
or
reconstructed
thereafter.

Accordingly,
we
are
proposing
this
rule
to
stay
the
effectiveness
of
the
emission
standards
for
new
sources
for
the
lean
premix
gas­
fired
turbine
and
diffusion
flame
gasfired
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
13
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
proposed
stay
is
consistent
with
the
precedents
we
have
established
in
similar
circumstances
in
the
past.
In
1991,
we
issued
a
final
rule
staying
the
effective
date
of
the
National
Emission
Standards
for
Radionuclide
Emissions
from
Federal
Facilities
Other
Than
Nuclear
Regulatory
Commission
Licenses
and
not
covered
by
Subpart
H
(
40
CFR
part
61,
Subpart
H)(
40
CFR
part
61,
Subpart
I)
for
commercial
nuclear
power
reactors
during
the
pendency
of
another
rulemaking
to
rescind
the
standards
for
those
facilities
(
56
FR
37158
August
5,
1991).
The
rescission
was
authorized
by
section
112(
d)(
9)
of
the
CAA
(
the
"
Simpson
amendment"),
which
provides
that
we
may
decline
to
regulate
Nuclear
Regulatory
Commission
(
NRC)
licensees
under
CAA
section
112
if
the
Administrator
determines
that
the
regulatory
program
established
by
the
NRC
for
a
category
or
subcategory
provides
an
ample
margin
of
safety
to
protect
14
the
public
health.
We
had
made
an
initial
determination
that
the
NRC
program
for
commercial
nuclear
power
reactors
met
this
test,
and
we
reasoned
that
"
it
would
frustrate
the
evident
purpose
of
Section
112(
d)(
9)
if
EPA
were
to
permit
Subpart
I
to
take
effect
for
this
subcategory
during
the
pendency
of
the
rulemaking
on
rescission"
(
56
FR
37159).

That
action
was
not
challenged.

In
1995,
we
acted
to
provide
another
type
of
interim
relief
during
a
delisting
rulemaking.
We
suspended
the
listing
of
caprolactam,
during
a
rulemaking
to
delete
caprolactam
from
the
list
of
HAP
established
by
CAA
section
112(
b)(
1)
for
purposes
of
determining
the
applicability
of
title
V
permitting
requirements
(
60
FR
081,
September
18,

1995).
We
based
that
action
on
our
determination
that
"
retention,
during
the
rulemaking
to
delist
caprolactam,
of
permit
application
requirements
which
will
no
longer
exist
after
the
delisting
process
has
been
completed
would
result
in
unnecessary
private
and
public
expenditures
on
preparation,
submission,
and
processing
of
such
applications,
and
would
yield
no
environmental
benefits"
(
60
FR
084­
85).
That
interim
relief
action
also
was
not
challenged.

We
are
proposing
to
stay
the
effectiveness
of
the
combustion
turbines
emission
standards
for
new
sources
in
the
lean
premix
gas­
fired
turbines
and
the
diffusion
flame
15
gas­
fired
turbines
subcategories,
but
only
during
the
pendency
of
the
rulemaking
to
delist
the
subcategories.
It
is
not
our
intention
by
staying
the
effectiveness
of
the
standards
to
change
the
definition
of
new
sources
within
these
subcategories
or
to
alter
the
status
of
any
individual
source.
If
the
subcategories
are
not
ultimately
delisted,

the
stay
will
be
lifted,
and
all
sources
in
the
subcategories
constructed
or
reconstructed
after
January
14,

2003
will
then
be
subject
to
the
final
standards.
The
sources
will
then
be
given
the
same
time
to
make
the
requisite
demonstration
of
compliance
they
would
have
had
if
there
had
been
no
stay.

II.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866
(
58
FR
51735,
October
4,

1993),
EPA
must
determine
whether
the
regulatory
action
is
"
significant"
and
therefore
subject
to
Office
of
Management
and
Budget
(
OMB)
review
and
the
requirements
of
the
Executive
Order.
The
Executive
Order
defines
"
significant
regulatory
action"
as
one
that
is
likely
to
result
in
a
rule
that
may:

(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adverse
affect
in
a
material
way
the
economy,
a
sector
to
the
economy,
productivity,
competition,
16
jobs,
the
environment,
public
health
or
safety,
or
state,

local
or
tribal
governments
or
communities;

(
2)
create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;

(
3)
materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs,
or
the
rights
and
obligation
of
recipients
thereof;
or
(
4)
raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.

Pursuant
to
the
terms
of
Executive
Order
12866,
it
has
been
determined
that
the
proposed
action
constitutes
a
"
significant
regulatory
action"
because
it
may
raise
novel
policy
issues
and
is
therefore
subject
to
OMB
review.

Changes
made
in
response
to
OMB
suggestions
or
recommendations
are
documented
in
the
public
record
(
see
ADDRESSES
section
of
this
preamble).

B.
Paperwork
Reduction
Act
This
action
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act,

44
U.
S.
C.
3501
et
seq.
The
proposed
action
will
stay
the
effectiveness
of
the
combustion
turbines
NESHAP
for
new
sources
in
the
lean
premix
gas­
fired
turbines
and
diffusion
flame
gas­
fired
turbines
subcategories
until
a
conclusion
is
reached
regarding
deletion
and
therefore
eliminate
the
need
17
for
information
collection
toward
regulatory
compliance
under
the
CAA.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,

maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,

validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
Agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.

C.
Regulatory
Flexibility
Act
(
RFA)

The
RFA
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
18
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.

Small
entities
include
small
business,
small
organizations,

and
small
governmental
jurisdictions.
For
the
purposes
of
assessing
the
impacts
of
today's
proposed
rule
on
small
entities,
small
entity
is
defined
as:
(
1)
a
small
business
that
meets
the
definitions
for
small
business
based
on
the
Small
Business
Association
(
SBA)
size
standards
which,
for
this
proposed
action,
can
include
manufacturing
(
NAICS
3999­

03)
and
air
transportation
(
NAICS
4522­
98
and
4512­
98)

operations
that
employ
less
1,000
people
and
engineering
services
(
NAICS
8711­
98)
operations
that
earn
less
than
$
20
million
annually;
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.

After
considering
the
economic
impact
of
today's
proposed
rule
on
small
entities,
I
certify
that
this
proposed
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
In
determining
whether
a
rule
has
significant
economic
impact
on
a
substantial
number
of
small
entities,
the
impact
of
concern
is
any
significant
adverse
economic
impact
on
small
19
entities,
since
the
primary
purpose
of
the
regulatory
flexibility
analysis
is
to
identify
and
address
regulatory
alternatives
"
which
minimize
any
significant
economic
impact
of
the
proposed
rule
on
small
entities."
(
5
U.
S.
C.
603
and
604).
Thus,
an
agency
may
certify
that
a
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
if
the
rule
relieves
regulatory
burden,
or
otherwise
has
a
positive
economic
effect
on
all
of
the
small
entities
subject
to
the
rule.
The
proposed
rule
will
stay
the
effectiveness
of
the
combustion
turbines
NESHAP
for
new
sources
in
the
lean
premix
gas­
fired
turbines
and
diffusion
flame
gas­
fired
turbines
subcategories.
This
will
stay
the
requirements
to
apply
controls
and
will
also
stay
associated
operating,
monitoring
and
reporting
requirements.
These
burdens
will
be
permanently
lifted
if
EPA
ultimately
removes
the
four
source
categories
from
the
stationary
combustion
turbine
source
category,
and
temporarily
lifted
if
EPA
does
not
ultimately
delist
the
subcategories.
We
have,

therefore,
concluded
that
today's
proposed
rule
will
relieve
regulatory
burden
for
all
small
entities.
We
continue
to
be
interested
in
the
potential
impacts
of
the
proposed
rule
on
small
entities
and
welcome
comments
on
issues
related
to
such
impacts.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
20
(
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
21
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,

educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.

Today's
proposed
rule
contains
no
Federal
mandates
for
State,
local,
or
tribal
governments
or
the
private
sector.

The
proposed
rule
imposes
no
enforceable
duty
on
any
State,

local
or
tribal
governments
or
the
private
sector.
In
any
event,
EPA
has
determined
that
the
proposed
rule
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$
100
million
or
more
for
State,
local,
and
tribal
governments,
in
the
aggregate,
or
the
private
sector
in
any
one
year.
Thus,
today's
proposed
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UMRA.

E.
Executive
Order
13132,
Federalism
Executive
Order
13132
(
64
FR
43255,
August
10,
1999)

requires
EPA
to
develop
an
accountable
process
to
ensure
"
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications."
"
Policies
that
have
federalism
implications"

is
defined
in
the
Executive
Order
to
include
regulations
that
have
"
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
22
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government."

Under
Executive
Order
13132,
EPA
may
not
issue
a
regulation
that
has
federalism
implications,
that
imposes
substantial
direct
compliance
costs,
and
that
is
not
required
by
statute,
unless
the
Federal
government
provides
the
funds
necessary
to
pay
the
direct
compliance
costs
incurred
by
State
and
local
governments,
or
EPA
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.
The
EPA
also
may
not
issue
a
regulation
that
has
federalism
implications
and
that
preempts
State
law
unless
the
Agency
consults
with
State
and
local
officials
early
in
the
process
of
developing
the
proposed
regulation.

Today's
action
proposes
to
stay
the
effectiveness
of
the
combustion
turbines
NESHAP
for
new
sources
in
the
lean
premix
gas­
fired
turbines
and
diffusion
flame
gas­
fired
turbines
subcategories.
It
does
not
impose
any
additional
requirements
on
the
States
and
does
not
affect
the
balance
of
power
between
the
States
and
the
Federal
government.

Thus,
the
requirements
of
section
6
of
the
Executive
Order
do
not
apply
to
the
proposed
rule.

F.
Executive
Order
13175,
Consultation
and
Coordination
with
Indian
Tribal
Governments
Executive
Order
13175,
entitled
"
Consultation
and
23
Coordination
with
Indian
Tribal
Governments"
(
65
FR
67249,

November
9,
2000),
requires
EPA
to
develop
an
accountable
process
to
ensure
"
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications."
The
proposed
rule
does
not
have
tribal
implications,
as
specified
in
Executive
Order
13175.

The
proposed
action
will
stay
the
effectiveness
of
the
combustion
turbines
NESHAP
for
new
sources
in
the
lean
premix
gas­
fired
turbines
and
diffusion
flame
gas­
fired
turbines
subcategories.
Executive
Order
13175
does
not
apply
to
the
proposed
rule.

G.
Executive
Order
13045,
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
Executive
Order
13045
(
62
FR
19885,
April
23,
1997)

applies
to
any
rule
that:
(
1)
is
determined
to
be
"
economically
significant"
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.

The
EPA
interprets
Executive
Order
13045
as
applying
24
only
to
those
regulatory
actions
that
are
based
on
health
or
safety
risks,
such
that
the
analysis
required
under
section
5­
501
of
the
Executive
Order
has
the
potential
to
influence
the
regulation.
The
proposed
rule
is
not
subject
to
Executive
Order
13045
because
it
is
not
economically
significant
as
defined
in
Executive
Order
12866,
and
because
this
action
is
not
based
on
health
or
safety
risks.
Thus,

Executive
Order
13045
does
not
apply
to
this
rule.

H.
Executive
Order
13211,
Actions
Concerning
Regulations
that
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
Executive
Order
13211,
"
Actions
Concerning
Regulations
that
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"
(
66
FR
28355,
May
22,
2001),
requires
EPA
to
prepare
and
submit
a
Statement
of
Energy
Effects
to
the
Administrator
of
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
for
certain
actions
identified
as
"
significant
energy
actions."
The
proposed
rule
is
not
a
"
significant
energy
action"
because
it
is
not
likely
to
have
a
significant
adverse
effect
on
the
supply,
distribution,
or
use
of
energy.

I.
National
Technology
Transfer
and
Advancement
Act
Section
112(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
NTTAA),
Public
Law
No.
104­
113,

section
12(
d)
915
U.
S.
C.
272
note),
directs
all
Federal
25
agencies
to
use
voluntary
consensus
standards
instead
of
government­
unique
standards
in
their
regulatory
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
material
specifications,
test
method,
sampling
and
analytical
procedures,
business
practices,
etc.)
that
are
developed
or
adopted
by
one
or
more
voluntary
consensus
standards
bodies.
Examples
of
organizations
generally
regarded
as
voluntary
consensus
standards
bodies
include
the
American
society
for
Testing
and
Materials
(
ASTM),
the
National
Fire
Protection
Association
(
NFPA),
and
the
Society
of
Automotive
Engineers
(
SAE).
The
NTTAA
requires
Federal
agencies
like
EPA
to
provide
Congress,
through
OMB,
with
explanations
when
an
agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
The
proposed
rule
does
not
involve
technical
standards.
Therefore,
EPA
is
not
considering
the
use
of
any
voluntary
consensus
standards.
26
National
Emission
Standards
for
Hazardous
air
Pollutants
for
Stationary
combustion
Turbines
­
Stay
Proposal
Page
27
of
27
List
of
Subjects
in
40
CFR
part
63
Environmental
protection,
Air
pollution
control,

Hazardous
substances,
Reporting
and
recordkeeping
requirements.

______________________
Dated:

______________________
Michael
O.
Leavitt
Administrator
