[Federal Register Volume 66, Number 112 (Monday, June 11, 2001)]
[Rules and Regulations]
[Pages 31177-31178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14618]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL-6995-2]
RIN 2060-AE56


Standards of Performance for Electric Utility Steam Generating 
Units for Which Construction is Commenced After September 18, 1978; 
Standards of Performance for Industrial-Commercial-Institutional Steam 
Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: Due to relevant adverse comment, the EPA is withdrawing two 
provisions from the direct final rule published on April 10, 2001 for 
Subpart Da--Standards of Performance for Electric Utility Steam 
Generating Units for Which Construction is Commenced After September 
18, 1978, and Subpart Db--Standards of Performance for Industrial-
Commercial-Institutional Steam Generating Units (66 FR 18546). These 
provisions deal with the revised definition of ``boiler operating day'' 
and the data substitution requirement for missing data.

DATES: This rule is effective June 11, 2001. As of June 11, 2001, the 
EPA withdraws the revised definition of ``boiler operating day'' in 40 
CFR Sec. 60.41a and 60.46a(j)(2) published on April 10, 2001 (66 FR 
18546). The remaining provisions published on April 10, 2001 will be 
effective June 11, 2001 as stated in the April 10, 2001 direct final 
rule. The addition of 40 CFR 60.46a(j)(2), which deletes the data 
substitution requirement for missing data, is effective June 11, 2001.

ADDRESSES: Docket number A-92-71, containing supporting information 
used in the development of this notice is available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday (except for Federal holidays) at the following address: U.S. 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (6102), 401 M Street, SW, Washington, DC 20460, or 
by calling (202) 260-7548. A reasonable fee may be charged for copying 
docket materials.

FOR FURTHER INFORMATION CONTACT: Mr. James Eddinger, Combustion Group, 
Emission Standards Division (MD-13), Office of Air Quality Planning and 
Standards, U.S. EPA, Research Triangle Park, NC 27711, telephone number 
(919) 541-5426, electronic mail address: <a href="/cdn-cgi/l/email-protection#2e4b4a4a4740494b5c004447436e4b5e4f00494158"><span class="__cf_email__" data-cfemail="c5a0a1a1acaba2a0b7ebafaca885a0b5a4eba2aab3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Because EPA received relevant adverse 
comment, we are withdrawing two of the provisions included in the 
direct final rule for compliance and monitoring requirements for duct 
burners used in combined cycle systems. We published the direct final 
rule (66 FR 18546) and a notice of proposed rulemaking (66 FR 18579) 
intended to amend the emissions monitoring and compliance provisions 
for duct burners contained in subparts Da and Db on April 10, 2001.
    We stated in that Federal Register that if we received relevant 
adverse comment by May 10, 2001 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. We subsequently received 
relevant adverse comment on two of the provisions: the revised 
definition of ``boiler operating day'' in 40 CFR 60.41a and the data 
substitution requirement contained in 40 CFR 60.46a(j)(2).
    The adverse comments stated that the revised definition of ``boiler 
operating day'' and the inclusion of the 40 CFR part 75 data 
substitution requirement are independent of the amendments addressing 
the compliance procedures for duct burners. The commenters stated that 
these provisions are inconsistent with existing subpart Da procedures 
and their potential impacts were not analyzed or discussed in the 
proposal. On reviewing the relevant adverse comments, we agreed with 
their conclusion that these provisions are inconsistent with existing 
provisions in subpart Da and independent of the provisions addressing 
the compliance procedures for duct burners. Section 60.47a(c)(2) states 
that, although 40 CFR part 75 monitors can be used for subpart Da 
compliance, 40 CFR part 75 missing data and bias adjustment procedures 
shall not be used. As for the revised definition of ``boiler operating 
day,'' Sec. 60.47a(f) requires data to be collected for at least 18 
hours in a ``boiler operating day.'' The proposed revised definition of 
a ``boiler operating day'' is inconsistent with this requirement. 
Therefore, we are withdrawing the revised definition of ``boiler 
operating day'' and Sec. 60.46a(j)(2) which contained the requirement 
for substituting data under 40 CFR part 75.
    Based on the adverse comment received, we are amending subpart Da 
to add a revised Sec. 60.46a(j)(2) which will become effective on June 
11, 2001 as

[[Page 31178]]

provided in the April 10, 2001 direct final rule (66 FR 18546), as 
appears at the end of this document. This revised Sec. 60.46a(j)(2) 
differs from the Sec. 60.46a(j)(2) that is being withdrawn from the 
direct final rule by the deletion of the following statement:

    This includes data substituted according to 40 CFR 75.21(i) for 
invalid data and 40 CFR 75.30 for missing data or data adjusted for 
negative bias as required by 40 CFR 75.23(d).

    Based on our review of the comments received, we will, therefore, 
not address the comments on the withdrawn provisions in a subsequent 
final action on the parallel proposal published at 66 FR 18579.
    The provisions for which we did not receive relevant adverse 
comment, as well as the revised Sec. 60.46a(j)(2), will become 
effective on June 11, 2001 as provided in the April 10, 2001 direct 
final rule (66 FR 18546).

    Dated: June 5, 2001.
Robert D. Brenner,
Acting Assistant Administrator, Office of Air and Radiation.


    For reasons set out in the preamble, title 40, chapter I, part 60 
of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

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

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

Subpart Da--[Amended]

    2. Section 60.46a is amended by adding paragraph (j)(2) to read as 
follows:


Sec. 60.46a  Compliance provisions.

* * * * *
    (j) * * *
    (2) The owner or operator of an affected duct burner may elect to 
determine compliance by using the continuous emission monitoring system 
specified under Sec. 60.47a for measuring NO<INF>X</INF> and oxygen and 
meet the requirements of Sec. 60.47a. Data from a CEMS certified (or 
recertified) according to the provisions of 40 CFR 75.20, meeting the 
QA and QC requirements of 40 CFR 75.21, and validated according to 40 
CFR 75.23 may be used. The sampling site shall be located at the outlet 
from the steam generating unit. The NO<INF>X</INF> emission rate at the 
outlet from the steam generating unit shall constitute the 
NO<INF>X</INF> emission rate from the duct burner of the combined cycle 
system.
* * * * *
[FR Doc. 01-14618 Filed 6-8-01; 8:45 am]
BILLING CODE 6560-50-P


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