Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations 21363

Metals, Acid Gases, Organic

Compounds, Particulates and Nitrogen

Oxide Emissions From Existing

Hospital/Medical/Infectious Waste

Incinerators

§ 62.9515 Identification of Sources—

Negative Declaration.

On October 20, 1998, and November

6, 1998, the Oregon Department of

Environmental Quality submitted a

letter certifying that there are no

existing Hospital/Medical/Infectious

Waste Incinerators in the State subject

to the Emission Guidelines under part

60, subpart B, of this chapter.

[FR Doc. 00–10033 Filed 4–20–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6582–3]

National Emission Standards for

Hazardous Air Pollutants for Source

Categories

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interpretative rule.

SUMMARY: This action clarifies that all

stationary combustion turbines are

subject to the provisions of Subpart B—

Requirements for Control Technology

Determinations for Major Sources in

Accordance with Clean Air Act Sections

112(g) and 112(j) (i.e., case-by-case

maximum achievable control

technology (MACT) determinations).

DATES: Effective April 21, 2000.

FOR FURTHER INFORMATION CONTACT: For

further information, contact Mr. Sims

Roy, Combustion Group, Emission

Standards Division (MD–13), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number: (919) 541–

5263, facsimile:(919) 541–5450,

electronic mail address:

roy.sims@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated

entities. All new stationary combustion

turbines, which meet the criteria for

major sources, are the regulated entities

addressed by this interpretative rule.

However, this interpretative rule does

not subject these entities to new or

additional rule requirements; it merely

resolves confusion which appears to

exist in some cases over whether such

sources are covered under 40 CFR part

63, Subpart B—Requirements for

Control Technology Determinations for

Major Sources in Accordance with

Clean Air Act Sections 112(g) and

112(j).

I. What Is the Background for This

Interpretative Rule

Subpart B requires ‘‘case-by-case’’

determinations of MACT for major

sources constructed after June 29, 1998.

It appears that there is confusion

regarding the applicability of subpart B

to new stationary combustion turbines

in some situations. This interpretative

rule resolves this confusion by

clarifying that all new stationary

combustion turbines, regardless of

configuration, end use, or location, are

subject to subpart B, provided they also

meet the definition of a major source.

Stationary combustion turbines were

included on the list of source categories

under section 112(c)(5) of the Clean Air

Act (CAA) for the development of

emission standards, thus, EPA is

currently developing national emission

standards for hazardous air pollutants

(NESHAP) for this source category.

Proposal of the NESHAP is anticipated

in late 2000, with promulgation in early

2002.

Electric utility steam generating units,

on the other hand, are excluded from

subpart B and the development of

emission standards under section 112,

unless or until such time as they are

added to the source category list under

section 112(c)(5) of the CAA. Since,

among other uses, stationary gas

turbines may be used to generate

electricity, confusion has arisen whether

stationary combustion turbines used to

generate electricity are considered

‘‘electric utility steam generating units.’’

An ‘‘electric utility steam generating

unit’’ is defined in subpart B as follows:

Electric utility steam generating unit means

any fossil fuel fired combustion unit of more

than 25 megawatts that serves a generator

that produces electricity for sale. A unit that

co-generates steam and electricity and

supplies more than one-third of its potential

electric output capacity and more than 25

megawatts electric output to any utility

power distribution system for sale shall be

considered an electric utility steam

generating unit.

The phrase ‘‘steam generating unit’’ in

the term ‘‘electric utility steam

generating unit’’ is critical to

understanding which types of

combustion units are covered by this

definition and which types are not. For

example, this definition clearly covers a

conventional fossil fuel fired steam

generating unit (e.g., coal-fired boiler)

which extracts heat from the

combustion of fuel and generates steam

for use in a steam turbine which, in

turn, provides shaft power to spin an

electric generator and generate

electricity.

This definition does not cover a

stationary combustion turbine which

extracts shaft power from the

combustion of fuel and spins an electric

generator to generate electricity. The

combustion turbine does not extract

heat to generate steam; in fact, there is

no steam generating unit at all in this

example. Hence, the definition ‘‘electric

utility steam generating unit’’ does not

include stationary combustion turbines,

and such turbines are subject to case-bycase MACT determinations.

The confusion surrounds combined

cycle systems. A combined cycle

system, consistent with the meaning of

the word ‘‘combined,’’ is a combination

of a stationary combustion turbine and

a waste heat recovery unit.

In a combined cycle system, a

combustion turbine extracts shaft power

from the combustion of fuel and spins

an electric generator to generate

electricity. The hot exhaust gases from

the combustion turbine are then routed

to a separate ‘‘waste heat recovery unit.’’

The waste heat recovery unit extracts

heat from the gases and generates steam

for use in a steam turbine which, in

turn, provides shaft power to spin an

electric generator and generate

electricity.

The combustion turbine in a

combined cycle system does not extract

heat to generate steam. It is not a ‘‘steam

generating unit,’’ and it is not an

‘‘electric utility steam generating unit.’’

New combustion turbines in combined

cycle systems, therefore, must undergo

case-by-case MACT determinations.

The waste heat recovery unit in a

combined cycle system, however, does

generate steam. It is an electric utility

steam generating unit. New waste heat

recovery units in combined cycle

systems, therefore, are excluded from

subpart B (i.e., case-by-case MACT

determination).

While new waste heat recovery units

in combined cycle systems are excluded

from case-by-case MACT, in many cases

this is a moot point since they are not

an emission source. The sole emission

source, in the type of combined cycle

system outlined above, is the

combustion turbine. The emissions from

the combustion turbine pass through the

waste heat recovery unit, but the waste

heat recovery unit is not a source of

additional emissions.

There is another type of combined

cycle system, however, in which the

waste heat recovery unit does contribute

additional emissions. In these types of

combined cycle systems, fuel is burned

in the duct, through the use of ‘‘duct

21364 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations

burners,’’ just before the gases enter the

waste heat recovery unit.

These duct burners are analogous to

the burners in steam generating units

(i.e., boilers). Their only purpose is to

burn fuel to generate more heat for

extraction by the waste heat recovery

unit in order for it to generate more

steam. As a result, duct burners (where

they are used) are considered part of the

waste heat recovery unit in a combined

cycle system, just as the burners in a

boiler are considered part of the boiler.

As outlined above, the waste heat

recovery unit in a combined cycle

system is an electric utility steam

generating unit. Duct burners in these

types of systems, therefore, are also

excluded from subpart B (i.e., case-bycase MACT determination).

II. What Additional Information Is

Available?

The EPA is developing NESHAP for

combustion turbines. This effort has

lead to a collection of information

regarding the performance, as well as

the costs, associated with the use of

various technologies to reduce

emissions of hazardous air pollutants

(HAP) from stationary combustion

turbines.

With this clarification that new

stationary combustion turbines are

subject to subpart B, EPA is making

available two memoranda, ‘‘Hazardous

Air Pollutant (HAP) Emission Control

Technology for New Stationary

Combustion Turbines’’ and ‘‘Oxidation

Catalyst Costs for New Stationary

Combustion Turbines,’’ which compile

and summarize the information

collected by EPA. These memoranda

may be of assistance and as a result,

help to expedite the process of case-bycase MACT determinations. These

memoranda may be obtained by

contacting EPA as shown under FOR

FURTHER INFORMATION CONTACT or

downloaded directly by logging on to

the following EPA website: http://

www.epa.gov/ttn/uatw/combust/

turbine.

III. What Are the Impacts Associated

With This Interpretative Rule?

Subpart B applies to all new major

stationary sources for which emission

standards have not been developed

except electric utility steam generating

units. As a result, subpart B applies to

new major source stationary combustion

turbines.

This interpretative rule merely

clarifies this point, it does not subject

new stationary combustion turbines to

any new or additional regulatory

requirements. As a result, there are no

impacts associated with this

interpretative rule.

IV. Administrative Requirements

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. We

have determined that there is good

cause for issuing today’s interpretative

rule without prior proposal and

opportunity for comment because we

are merely clarifying the applicability of

Subpart B—Requirements for Control

Technology Determinations for Major

Sources in Accordance With Clean Air

Act Sections 112 (g) and 112 (j). Thus,

notice and public procedure are

unnecessary, and we find that this

constitutes good cause under 5 U.S.C.

553(b)(B).

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, therefore, is not subject to review

by the Office of Management and

Budget. Because we have made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute, it is

not subject to the regulatory flexibility

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.), or to sections

202 and 205 of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4).

In addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of

UMRA. This interpretative rule also

does not significantly or uniquely affect

the communities of tribal governments,

as specified by Executive Order 13084

(63 FR 27655, May 10, 1998). This

interpretative rule 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 (64 FR 43255,

August 10, 1999).

This interpretative rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant. This action

does not involve technical standards;

thus, the requirements of section 12(d)

of the National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. This

interpretative rule also does not involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

In issuing this interpretative rule, EPA

has taken the necessary steps to

eliminate drafting errors and ambiguity,

minimize potential litigation, and

provide a clear legal standard for

affected conduct, as required by section

3 of Executive Order 12988 (61 FR 4729,

February 7, 1996). The EPA has

complied with Executive Order 12630

(53 FR 8859, March 15, 1988) by

examining the takings implications of

the interpretative rule in accordance

with the ‘‘Attorney General’s

Supplemental Guidelines for the

Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the Executive Order. This interpretative

rule does not impose an information

collection burden under the provisions

of the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.). The EPA’s

compliance with these statutes and

Executive Orders for the underlying rule

is discussed in the March 29, 1996

Federal Register document (61 FR

14029).

The Congressional Review Act (5

U.S.C. 801 et seq.), as added by the

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the Congressional Review

Act if the agency makes a good cause

finding that notice and public procedure

is impracticable, unnecessary or

contrary to the public interest. This

determination must be supported by a

brief statement (5 U.S.C. 808(2)).

As stated previously, we have made

such a good cause finding, including the

reasons therefor, and established an

effective date of April 21, 2000.

The EPA will submit a report

containing this interpretative rule and

other required information to the U.S.

Senate, the U.S. House of

Representatives, and the Comptroller

General of the United States prior to

publication of the interpretative rule in

the Federal Register. This action is not

a ‘‘major rule’’ as defined by 5 U.S.C.

804(2).

Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations 21365

List of Subjects in 40 CFR Part 63

Environmental protection, Air

emissions control, Hazardous air

pollutants, Combustion turbines.

Dated: April 13, 2000.

Robert Perciasepe,

Assistant Administrator, Office of Air and

Radiation.

[FR Doc. 00–9925 Filed 4–20–00; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 301–51, 301–52, 301–54,

301–70, 301–71 and 301–76

[FTR Amendment 92]

RIN 3090–AH24

Federal Travel Regulation; Mandatory

Use of the Travel Charge Card

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: This final rule amends

Federal Travel Regulation (FTR)

Amendment 90 published in the

Federal Register on Wednesday,

January 19, 2000 (65 FR 3054)

concerning payment by the Government

of expenses connected with official

Government travel. This final rule

further implements the requirements of

Public Law 105–264.

DATES: This final rule is effective April

21, 2000, and applies to payment of

expenses in connection with official

Government travel performed on or after

May 1, 2000.

FOR FURTHER INFORMATION CONTACT: Jim

Harte, Office of Governmentwide Policy,

Travel and Transportation Management

Policy Division, at (202) 501–1538.

SUPPLEMENTARY INFORMATION:

A. Background

Pursuant to Public Law 105–264,

subsection 2(a), the Administrator of

General Services is required to issue

regulations requiring Federal employees

to use the travel charge card established

pursuant to the United States Travel and

Transportation Payment and Expense

Control System, or any Federal

contractor-issued travel charge card, for

all payments of expenses of official

Government travel. Additionally, Public

Law 105–264 requires the Administrator

of General Services to issue regulations

on reimbursement of travel expenses

and collection of delinquent amounts

upon written request of a Federal

contractor.

The General Services Administration

(GSA), after an analysis of additional

data, has:

(1) Determined that certain relocation

expenses (excluding en route travel and

househunting expenses) are not

technically ‘‘travel’’ expenses and,

therefore, are not covered under the

provisions of the statute.

(2) Established the date of May 1,

2002, for agencies to reach a sevencalendar day limit for reviewing travel

claims.

(3) Permitted an agency to either

calculate late payment fees using the

Prompt Payment Act Interest Rate or a

flat amount based on an agency average

of travel claims, but not less than the

prompt payment amount.

(4) Deleted health insurance from

consideration as disposable pay.

B. Regulatory Flexibility Act

This final rule is not required to be

published in the Federal Register for

notice and comment; therefore, the

Regulatory Flexibility Act does not

apply.

C. Executive Order 12866

GSA has determined that this final

rule is not a significant regulatory action

for the purposes of Executive Order

12866 of September 30, 1993.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this final rule does

not impose recordkeeping or

information collection requirements, or

the collection of information from

offerors, contractors, or members of the

public which require the approval of the

Office of Management and Budget

(OMB) under 44 U.S.C. 501 et seq.

E. Small Business Regulatory

Enforcement Fairness Act

This final rule is also exempt from

congressional review prescribed under 5

U.S.C. 801 since it relates solely to

agency management and personnel.

List of Subjects in 41 CFR Parts 301–51,

301–52, 301–54, 301–70, 301–71, and

301–76

Government employees, Travel and

transportation expenses.

For the reasons set forth in the

preamble, 41 CFR Chapter 301 is

amended as follows:

PART 301–51—PAYING TRAVEL

EXPENSES

1. The authority citation for 41 CFR

part 301–51 continues to read as

follows:

Authority: 5 U.S.C. 5707. Subpart A is

issued under the authority of Sec. 2, Pub. L.

105–264, 112 Stat. 2350 (5 U.S.C. 5701 note);

40 U.S.C. 486(c).

2. Section 301–51.2 is amended by

adding paragraph (l) to read as follows:

§ 301–51.2 What official travel expenses

and/or classes of employees are exempt

from the mandatory use of the Government

contractor-issued travel charge card?

* * * * *

(l) Relocation allowances prescribed

in chapter 302 of this title, except enroute travel and househunting trip

expenses.

PART 301–52—CLAIMING

REIMBURSEMENT

3. The authority citation for 41 CFR

part 301–52 continues to read as

follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 486(c);

Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5

U.S.C. 5701 note).

4. Sections 301–52.17 and 301–52.18

are revised to read as follows:

§ 301–52.17 Within how many calendar

days after I submit a proper travel claim

must my agency reimburse my allowable

expenses?

Your agency must reimburse you

within 30 calendar days after you

submit a proper travel claim to your

agency’s designated approving office.

Your agency must ensure that it uses a

satisfactory recordkeeping system to

track submission of travel claims. For

example, travel claims submitted by

mail, in accordance with your agency’s

policy, could be annotated with the time

and date of receipt by your agency. Your

agency could consider travel claims

electronically submitted to the

designated approving office as

submitted on the date indicated on an

e-mail log, or on the next business day

if submitted after normal working hours.

However, claims for the following

relocation allowances are exempt from

this provision:

(a) Transportation and storage of

household goods and professional

books, papers and equipment;

(b) Transportation of mobile home;

(c) Transportation of a privately

owned vehicle;

(d) Temporary quarters subsistence

expense, when not paid as lump sum;

(e) Residence transaction expenses;

(f) Relocation income tax allowance;

(g) Use of a relocation services

company;

(h) Home marketing incentive

payments; and

(i) Allowance for property

management services.