20734 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

finality of this rule for the purposes of

judicial review nor does it extend the

time within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements (see section

307(b)(2)).

Executive Order

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Incorporation by reference, Lead,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur dioxide, Volatile

organic compounds.

Note: Incorporation by reference of the SIP

for the State of Texas was approved by the

Director of the Federal Register on July 1,

1982.

Dated: April 17, 1996.

Allyn M. Davis,

Acting Regional Administrator.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart SS—Texas

2. Section 52.2270 is amended by

adding paragraph (c)(94) to read as

follows:

§ 52.2270 Identification of plan.

* * * * *

(c) * * *

(94) Revisions to the Texas SIP

addressing visible emissions

requirements were submitted by the

Governor of Texas by letters dated

August 21, 1989, January 29, 1991,

October 15, 1992 and August 4, 1993.

(i) Incorporation by reference.

(A) Revisions to Texas Air Control

Board (TACB), Regulation I, Section

111.111, ‘‘Requirements for Specified

Sources;’’ Subsection 111.111(a) (first

paragraph) under ‘‘Visible Emissions;’’

Subsections 111.111(a)(1) (first

paragraph), 111.111(a)(1)(A),

111.111(a)(1)(B) and 111.111(a)(1)(E)

under ‘‘Stationary Vents;’’ Subsection

111.111(b) (first paragraph) under

‘‘Compliance Determination

Exclusions;’’ and Subsections 111.113

(first paragraph), 111.113(1), 111.113(2),

and 111.113(3) under ‘‘Alternate

Opacity Limitations,’’ as adopted by the

TACB on June 16, 1989.

(B) TACB Board Order No. 89–03, as

adopted by the TACB on June 16, 1989.

(C) Revisions to Texas Air Control

Board (TACB), Regulation I, Section

111.111, ‘‘Requirements for Specified

Sources;’’ Subsections 111.111(a)(4)(A)

and 111.111(a)(4)(B)(i) under ‘‘Railroad

Locomotives or Ships;’’ Subsections

111.111(a)(5)(A) and 111.111(a)(5)(B)(i)

under ‘‘Structures;’’ and Subsections

111.111(a)(6)(A) and 111.111(a)(6)(B)(i)

under ‘‘Other Sources,’’ as adopted by

the TACB on October 12, 1990.

(D) TACB Board Order No. 90–12, as

adopted by the TACB on October 12,

1990.

(E) Revisions to Texas Air Control

Board (TACB), Regulation I, Section

111.111, ‘‘Requirements for Specified

Sources;’’ Subsections 111.111(a)(1)(C),

111.111(a)(1)(D), 111.111(a)(1)(F) (first

paragraph), 111.111(a)(1)(F)(i),

111.111(a)(1)(F)(ii), 111.111(a)(1)(F)(iii),

111.111(a)(1)(F)(iv), and

111.111(a)(1)(G) under ‘‘Stationary

Vents;’’ Subsections 111.111(a)(2) (first

paragraph), 111.111(a)(2)(A),

111.111(a)(2)(B), and 111.111(a)(2)(C)

under ‘‘Sources Requiring Continuous

Emissions Monitoring;’’ Subsection

111.111(a)(3) (first paragraph) under

‘‘Exemptions from Continuous

Emissions Monitoring Requirements;’’

Subsection 111.111(a)(4), ‘‘Gas Flares,’’

title only; Subsection 111.111(a)(5) (first

paragraph) under ‘‘Motor Vehicles;’’

Subsections 111.111(a)(6)(A),

111.111(a)(6)(B) (first paragraph),

111.111(a)(6)(B)(i) and

111.111(a)(6)(B)(ii) under ‘‘Railroad

Locomotives or Ships’’ (Important note,

the language for 111.111(a)(6)(A) and

111.111(a)(6)(B)(i) was formerly adopted

as 111.111(a)(4)(A) and

111.111(a)(4)(B)(i) on October 12, 1990);

Subsections 111.111(a)(7)(A),

111.111(a)(7)(B) (first paragraph),

111.111(a)(7)(B)(i) and

111.111(a)(7)(B)(ii) under ‘‘Structures’’

(Important note, the language for

111.111(a)(7)(A) and 111.111(a)(7)(B)(i)

was formerly adopted as

111.111(a)(5)(A) and 111.111(a)(5)(B)(i)

on October 12, 1990); and Subsections

111.111(a)(8)(A), 111.111(a)(8)(B) (first

paragraph), 111.111(a)(8)(B)(i) and

111.111(a)(8)(B)(ii) under ‘‘Other

Sources’’ (Important note, the language

for 111.111(a)(8)(A) and

111.111(a)(8)(B)(i) was formerly adopted

as 111.111(a)(6)(A) and

111.111(a)(6)(B)(i) on October 12, 1990),

as adopted by the TACB on September

18, 1992.

(F) TACB Board Order No. 92–19, as

adopted by the TACB on September 18,

1992.

(G) Revisions to Texas Air Control

Board (TACB), Regulation I, Section

111.111, ‘‘Requirements for Specified

Sources;’’ Subsections 111.111(a)(4)(A)

(first paragraph), 111.111(a)(4)(A)(i),

111.111(a)(4)(A)(ii), and 111.111(a)(4)(B)

under ‘‘Gas Flares,’’ as adopted by the

TACB on June 18, 1993.

(H) TACB Board Order No. 93–06, as

adopted by the TACB on June 18, 1993.

(ii) Additional material.

(A) TACB certification letter dated

July 27, 1989, and signed by Allen Eli

Bell, Executive Director, TACB.

(B) TACB certification letter dated

January 9, 1991, and signed by Steve

Spaw, Executive Director, TACB.

(C) TACB certification letter dated

October 1, 1992, and signed by William

Campbell, Executive Director, TACB.

(D) TACB certification letter dated

July 13, 1993, and signed by William

Campbell, Executive Director, TACB.

[FR Doc. 96–11399 Filed 5–7–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 60

[FRL–5467–8]

Amendment to Standards of

Performance for New Stationary

Sources; Small Industrial-CommercialInstitutional Steam Generating Units

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final action.

SUMMARY: Today’s action promulgates

revisions to the new source performance

standards (NSPS) for new, modified,

and reconstructed small industrialcommercial-institutional steam

generating units (40 CFR part 60,

Subpart Dc) that were proposed on

November 15, 1995. The revisions

exclude certain small steam generating

units, when conducting combustion

research, from the category of small

steam generating units subject to NSPS

control requirements for sulfur dioxide

(SO2) and particulate matter (PM). The

NSPS are issued under the authority of

section 111 of the Clean Air Act (CAA).

Following promulgation of the NSPS,

litigation was filed by Babcock and

Wilcox, who repeated a concern they

had expressed during the public

comment period following proposal of

the NSPS. That is, they had requested

an exemption from the NSPS for steam

generating units of 14.6 MW (50 million

Btu/hr) heat input capacity or less used

for combustion research based on

intermittent and infrequent operation.

Discussions with Babcock and Wilcox

made it clear that there is a legitimate

concern regarding the ability of

experimental, and sometimes
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20735

unpredictable, air pollution control

technology to consistently meet the

NSPS. This, coupled with the fact that

these steam generating units provide

valuable data on both the combustion

process and methods of air pollution

control which result in improved fuel

efficiency, improved air pollution

control efficiency, and less expensive

air pollution control, led the EPA to

provide the exemption in an effort to

encourage combustion research.

EFFECTIVE DATE: May 8, 1996.

ADDRESSES: Docket. Docket No. A–86–

02, containing information used in

developing the original NSPS and the

revisions, and the comments received

during the public comment period, is

available for public inspection and

copying between 8 a.m. and 4 p.m.,

Monday through Friday, at the U.S.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center (6102), 401 M Street, S.W.,

Washington, D.C. 20460. The docket is

located at the above address in room M–

1500, Waterside Mall (ground floor).

The materials are available for review in

the docket center or copies may be

mailed on request from the Air and

Radiation Docket and Information

Center by calling (202) 260–7548 or

–7549. The FAX number for the Center

is (202) 260–4000. A reasonable fee may

be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: For

information concerning specific aspects

of this action, contact Mr. Rick Copland,

(919) 541–5265 , or Mr. Fred Porter

(919) 541–5251 Combustion Group,

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711.

SUPPLEMENTARY INFORMATION: Today’s

rule resolves litigation in the case of

Babcock and Wilcox Company v. U.S.

EPA, No. 90–1509 (D.C. Cir.) (See 60 FR

57373, November 15, 1995). The rule

applies to any small steam generating

unit used for combustion research as

long as the heat generated during the

conduct of such combustion research is

not used for any purpose other than

preheating the combustion air for the

steam generating unit (i.e., the heat

generated is released to the atmosphere

without being used for space heating,

process heating, driving pumps,

preheating combustion air for other

units, generating electricity, or any other

purpose).

Five comment letters were received

during the public comment period on

the November 15, 1995 proposal. All

five commentors supported the

proposal. One commentor suggested

that the EPA extend today’s rule to large

steam generating units regulated under

40 CFR Part 60, Subpart Db and that the

EPA allow the heat generated during the

research activity to be used

productively. One commentor suggested

that all natural gas-fired steam

generating units be exempt from the

provisions of Subpart Dc, including

notification requirements. The

comments did not reveal any facilities

that conduct combustion research with

small steam generating units and that

also use the heat generated during

periods of combustion research for

purposes other than preheating the

combustion air for the steam generating

unit.

The EPA believes that today’s rule

already represents a significant exercise

of regulatory flexibility which does not

warrant further expansion at this time.

Accordingly, the EPA believes that the

prohibition on the use of the heat

generated during the conduct of

combustion research is appropriate in

that it allows for the conduct of such

research without compromising the

EPA’s ability to enforce the NSPS for

small steam generating units (See 60 FR

at 57374). Indeed, this limitation merely

reflects the existing operating practice of

the Babcock and Wilcox steam

generating unit at issue (described

below). The EPA believes that this

provision is also appropriate for any

other steam generating unit that

conducts combustion research.

As discussed in the November 15,

1995 proposal, the EPA agreed to revise

the applicability of the SO2 and PM

emission control requirements of 40

CFR Part 60, Subpart Dc because of the

limited potential impact of combustion

research on the environment: Babcock &

Wilcox Company, the petitioner which

requested the revision of the

applicability of the standards of

performance, operates a single small

steam generating unit occasionally (less

than five percent of the unit’s operating

time) to evaluate the performance of,

and to develop, unproven combustion

technologies. Significantly, Babcock and

Wilcox Company also does not use the

heat that the steam generating unit

produces during periods of combustion

research for any purpose (such as space

heating, process heating, electric

generation, etc.) other than preheating

the combustion air for the steam

generating unit. Accordingly, in order to

minimize the potential for inappropriate

claims of combustion research

(potentially undermining EPA’s ability

to enforce the standards of performance

for small steam generating units), the

EPA has conditioned the exclusion of

certain limited combustion research

activities from the standards of

performance on the requirement that a

steam generating unit not use the heat

produced during combustion research

for purposes other than preheating the

combustion air for the steam generating

unit.

The comments that recommend

expanding today’s rule to include large

steam generating units regulated under

Subpart Db or all natural gas-fired units

are not appropriate for consideration

within the scope of this limited action.

The EPA will consider these comments

as well as the comment concerning the

definition of combustion research as a

part of the ongoing activity to develop

and/or revise standards of performance

for industrial steam generating units

under CAA sections 111 and 112.

Economic and Regulatory Impacts

Today’s rule will impose no

additional costs on the regulated

community or the national economy. It

would reduce the costs of compliance

for some small steam generating units

when conducting combustion research

by not requiring them to comply with

the NSPS for new, modified, and

reconstructed small industrialcommercial-institutional steam

generating units. Accordingly, the EPA

has determined that today’s rule: (1)

does not constitute a ‘‘significant rule’’

under Executive Order 12286 (the

promulgation would not result in any

increase in costs or prices and would

not disrupt market competition), (2)

does not constitute a substantial

revision that would require an economic

impact assessment pursuant to CAA

section 317, (3) does not constitute a

Federal mandate under Title II of the

Unfunded Mandates Reform Act of 1995

(UMRA), P.L. 104–4, for State, local, or

tribal governments or the private sector,

(4) does not contain regulatory

requirements that might significantly or

uniquely affect small governments

under Title II of UMRA, and (5) would

not affect the public reporting burden

for the collection of information

required, in compliance with the

Paperwork Reduction Act of 1980,

under the NSPS for small steam

generating units.

Pursuant to 5 U.S.C. 605(b), the

Administrator certifies that these

revisions would not have a significant

impact on a substantial number of small

entities. Not only would today’s rule

reduce the regulatory burden on the

small steam generating units source

category, but it has previously been

determined that, even without today’s

promulgated revisions, the standards

would not affect a substantial number of

small entities (See 55 FR 37682,

September 12, 1990).
20736 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

List of Subjects in 40 CFR Part 60

Environmental protection, Air

pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Dated: April 30, 1996.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I of the Code

of Federal Regulations is amended as set

forth below.

PART 60—STANDARDS OF

PERFORMANCE FOR NEW

STATIONARY SOURCES

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414,

7416, 7429, and 7601.

2. Section 60.40c is amended by

revising paragraph (a) and adding

paragraphs (c) and (d) to read as follows:

§ 60.40c Applicability and delegation of

authority.

* * * * *

(a) Except as provided in paragraph

(d) of this section, the affected facility

to which this subpart applies is each

steam generating unit for which

construction, modification, or

reconstruction is commenced after June

9, 1989 and that has a maximum design

heat input capacity of 29 megawatts

(MW) (100 million Btu per hour (Btu/

hr)) or less, but greater than or equal to

2.9 MW (10 million Btu/hr).

* * * * *

(c) Steam generating units which meet

the applicability requirements in

paragraph (a) of this section are not

subject to the sulfur dioxide (SO2) or

particulate matter (PM) emission limits,

performance testing requirements, or

monitoring requirements under this

subpart (§§ 60.42c, 60.43c, 60.44c,

60.45c, 60.46c, or 60.47c) during

periods of combustion research, as

defined in § 60.41c.

(d) Any temporary change to an

existing steam generating unit for the

purpose of conducting combustion

research is not considered a

modification under § 60.14.

3. Section 60.41c is amended by

adding a new definition for

‘‘Combustion research’’ in alphabetical

order to read as follows:

§ 60.41c Definitions.

* * * * *

Combustion research means the

experimental firing of any fuel or

combination of fuels in a steam

generating unit for the purpose of

conducting research and development

of more efficient combustion or more

effective prevention or control of air

pollutant emissions from combustion,

provided that, during these periods of

research and development, the heat

generated is not used for any purpose

other than preheating combustion air for

use by that steam generating unit (i.e.,

the heat generated is released to the

atmosphere without being used for

space heating, process heating, driving

pumps, preheating combustion air for

other units, generating electricity, or any

other purpose).

* * * * *

[FR Doc. 96–11329 Filed 5–7–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[FRL–5501–3]

Adjustment of Reid Vapor Pressure

Lower Limit for Reformulated Gasoline

Sold in the State of California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is amending the lower

limit of the valid range for Reid Vapor

Pressure (RVP) for reformulated gasoline

certified under the simple model and

sold in the State of California. The lower

limit is being changed from 6.6 pounds

per square inch (psi) to 6.4 psi. EPA is

taking this action because the Agency

believes that it will result in no negative

environmental impact and, for reasons

discussed below, the Agency believes it

is proper in the limited case of

California gasoline.

In the proposed rules section of

today’s Federal Register, EPA is

proposing the same action covered by

this direct final rule (i.e., to amend the

lower limit of the valid range for RVP

for reformulated gasoline certified under

the simple model and sold in the State

of California from 6.6 to 6.4 psi). If

adverse comment or a request for a

public hearing is received on this direct

final rule, EPA will withdraw the direct

final rule and address the comments

received in a subsequent final rule on

the related proposed rule. No additional

opportunity for public comment on this

change to the lower limit of the simple

model’s valid range for RVP will be

provided.

DATES: This action will become effective

on July 8, 1996, unless notice is

received by June 7, 1996 from someone

who wishes to submit adverse comment

or requests an opportunity for a public

hearing. If such notice is received, EPA

will withdraw this direct final rule, and

a timely notice will be published in the

Federal Register to indicate the

withdrawal.

ADDRESSES: All documents relevant to

this direct final rulemaking have been

placed in public docket number A–96–

14. The public docket may be inspected

at U.S. Environmental Protection

Agency, Air Docket Section, 401 M

Street, SW, Room M–1500, Washington,

D.C. 20460. Documents may be

inspected between the hours of 8:00

a.m. and 5:30 p.m., Monday through

Friday. A reasonable fee may be charged

for copying docket materials.

FOR FURTHER INFORMATION CONTACT:

Anne-Marie C. Pastorkovich, U.S.

Environmental Protection Agency,

Office of Air and Radiation, (202) 233–

9013.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities

Regulated categories and entities

potentially affected by this action

include:

Category Examples of regulated entities

Industry .... Refiners of California gasoline.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that EPA is now

aware could be potentially regulated by

this action. Other types of entities not

listed in the table could also be

regulated. To determine whether your

entity is regulated by this action, you

should carefully examine section 80.42

(c)(1), note (1), of today’s regulatory

action. You should also carefully

examine the existing provisions at 40

CFR section 80.81, dealing specifically

with California gasoline.

II. Introduction

A. Reformulated Gasoline Standards

and California Covered Areas

Section 211(k) of the Clean Air Act

(the Act) requires EPA to establish

standards for reformulated gasoline to

be used in specified ozone

nonattainment areas (covered areas), as

well as standards for non-reformulated,

or conventional, gasoline used in the

rest of the country, beginning in

January, 1995. The reformulated

gasoline covered areas in California are

Los Angeles and San Diego, and,

beginning June 1, 1996, Sacramento, as

a result of its redesignation as a Severe

ozone nonattainment area. The Act

requires that reformulated gasoline

reduce VOC and toxics emissions from

motor vehicles, not increase NOX