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Federal Register/Vol. 64, No. 101/Wednesday, May 26, 1999/Rules and Regulations

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Federal Register/Vol. 64, No. 101/Wednesday, May 26, 1999/Rules and Regulations 28564 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations ENVIRONMENTAL PROTECTION reference of certain publications listed D. Executive Order 12875 AGENCY in the regulations is approved by the E. Executive Order 13084 Director of the Federal Register as of F. Paperwork Reduction Act 40 CFR Parts 72 and 75 June 25, 1999. G. Regulatory Flexibility H. Submission to Congress and the General ADDRESSES: Docket. Supporting [FRL±6320±8] Accounting Office information used in developing the RIN 2060±AG46 I. Executive Order 13045 regulations is contained in Docket No. J. National Technology Transfer and A±97±35. This docket is available for Acid Rain Program; Continuous Advancement Act public inspection and photocopying Emission Monitoring Rule Revisions between 8:00 a.m. and 5:30 p.m. I. Regulated Entities AGENCY: Monday through Friday, excluding Environmental Protection Entities regulated by this action are government holidays and is located at: Agency (EPA). fossil fuel-fired boilers and turbines that EPA Air Docket (MC 6102) , Room M± ACTION: Final rule. serve generators producing electricity, 1500, Waterside Mall, 401 M Street, SW, generate steam, or cogenerate electricity SUMMARY: Title IV of the Clean Air Act Washington, DC 20460. A reasonable fee and steam. While part 75 primarily (CAA or the Act), as amended by the may be charged for photocopying. regulates the electric utility industry, Clean Air Act Amendments of 1990, FOR FURTHER INFORMATION CONTACT: authorizes the Environmental Protection the recent promulgation of 40 CFR part Monika Chandra, Acid Rain Division 96 and certain revisions to part 75 (see Agency (EPA or Agency) to establish the (6204J), U.S. Environmental Protection Acid Rain Program. The Acid Rain 63 FR 57356, October 27, 1998) means Agency, 401 M Street, SW, Washington, that part 75 could potentially affect Program and the provisions in this final DC 20460, (202) 564±9781. rule benefit the environment by other industries. The recent adoption of SUPPLEMENTARY INFORMATION: The part 96, together with revisions to part ensuring that the sulfur dioxide (SO2), contents of the preamble are listed in 75, include nitrogen oxides (NOX) mass nitrogen oxides (NOX) and carbon the following outline: provisions for the purpose of serving as dioxide (CO2) air pollution emissions to be measured and tracked pursuant to I. Regulated Entities a model which could be adopted by a the provisions of 40 CFR part 75 are II. Background and Summary of Final Rule state, tribal, or federal NOX mass accurately monitored and reported. III. Summary of Major Comments and reduction program covering the electric Responses These provisions also benefit the utility and other industries. Regulated A. Certification/Recertification Procedural categories and entities include: regulated entities by providing Changes additional flexibility and improved cost B. Quality Assurance Requirements for Examples of regu- effectiveness to the monitoring and Quantifying Stack Gas Moisture Content Category lated entities reporting options available to part 75 C. Percent Monitor Availability subject sources. On January 11, 1993, D. Span and Range Requirements Industry ..................... Electric service pro- the Agency promulgated final rules, E. Flow-to-Load Ratio Test Requirements viders, boilers, tur- including the final continuous emission F. RATA and Bias Test Requirements bines and other monitoring (CEM) rule, under title IV. 1. RATA Load Levels process sources 2. Single Point Reference Method Sampling where emissions On May 17, 1995 and November 20, G. Data Validation 1996, the Agency revised the CEM rule exhaust through a 1. Data Validation During Monitor stack. to make the implementation simpler. On Certification and Recertification May 21, 1998, the Agency proposed 2. Data Validation for RATAs and Linearity additional revisions to the CEM rule, to Checks This table is not intended to be make implementation easier and more H. Appendix DÐSulfur Dioxide Emissions exhaustive, but rather provides a guide efficient for both EPA and the facilities from the Combustion of Gaseous Fuels for readers regarding entities likely to be affected by the rule, to improve quality 1. Summary of EPA Analysis of Appendix regulated by this action. This table lists assurance requirements, and to create D Gaseous Fuel SO2 and Heat Input the types of entities which EPA is now Methodologies new alternative monitoring options. aware could potentially be regulated by 2. Changes to the Definitions of ``Pipeline this action. Other types of entities not EPA promulgated final rule revisions Natural Gas'' and ``Natural Gas'' addressing some of these additional 3. Changes to the Methodology for listed in the table could also be regulated. To determine whether your proposed revisions, based on comments Calculating SO2 Emissions Under received, when EPA promulgated a Appendix D facility, company, business, Finding of Significant Contribution and 4. Changes to the Applicability of organization, etc., is regulated by this Rulemaking for Certain States in the Appendix D action, you should carefully examine Ozone Transport Assessment Group 5. Changes to the Method of Determining the applicability provisions in §§ 72.6, Region for Purposes of Reducing the Sulfur Content Sampling Frequency 72.7, 72.8, and part 96 of title 40 of the for Gaseous Fuels Regional Transport of Ozone (NOX SIP Code of Federal Regulations. If you have 6. Changes to the Method of Determining questions regarding the applicability of call). the GCV Sampling Frequency for In this action, EPA is issuing final Gaseous Fuels this action to a particular entity, consult rule revisions addressing the remaining I. Electronic Transfer of Quarterly Reports the person listed in the preceding FOR May 21, 1998 proposed revisions to the J. Bias, Relative Accuracy and Availability FURTHER INFORMATION CONTACT section of CEM rule, with certain changes to the Determinations this preamble. proposal based on the public comments K. Appendix IÐProposed Optional Stack Flow Monitoring Methodology II. Background and Summary of Final received. Some of these revisions will Rule be relevant for sources that become L. Subpart HÐClarifications to NOX Mass subject to part 75 requirements in Monitoring Requirements IV. Administrative Requirements Title IV of the Act requires EPA to response to the NOX SIP call. A. Public Docket establish an Acid Rain Program to DATES: The effective date of this rule is B. Executive Order 12866 reduce the adverse effects of acidic June 25, 1999. The incorporation by C. Unfunded Mandates Reform Act deposition. On January 11, 1993, the VerDate 06-MAY-99 23:17 May 25, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26MYR2.XXX pfrm07 PsN: 26MYR2 Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / Rules and Regulations 28565 Agency promulgated final rules on experience gained in the early years 1997 were disapproved'' (63 FR 28045, implementing the program, including of the program, facilities have citing Docket A±97±35, Item II±A±4). As the CEM rule (58 FR 3590). Notices of developed a number of suggestions that experience with the program increases, direct final rulemaking and of interim will simplify and streamline the the number of disapprovals is expected final rulemaking further amending the monitoring process without sacrificing to decrease even further. In addition, regulations were published on May 17, data quality. The Agency has also EPA's position is that the owners or 1995 (60 FR 26510 and 60 FR 26560). amended quality assurance operators of affected facilities are Subsequently, on November 20, 1996, a requirements based on gaps identified responsible for initiating, conducting, final rule was published in response to by EPA during evaluation of the initial evaluating and certifying the results of public comments received on the direct implementation of part 75. Finally, the required testing prior to submission final and interim rules (61 FR 59142). several minor technical changes have to the appropriate regulatory Agencies. On May 21, 1998, the Agency published been made in order to maintain The Agencies' role is to ``certify'' or proposed revisions to the part 75 CEM uniformity within the rule itself and to verify the results. Thus, there is no regulations (62 FR 28032). As noted clarify various provisions. reason to expect that the additional time above, EPA recently promulgated final provided to meet the administrative revisions to part 75 addressing some of III. Summary of Major Comments and needs of the program will result in any the May 21, 1998, proposed revisions in Responses significant compliance risk to the conjunction with the promulgation of a A. Certification/Recertification regulated sources, except in instances Model NOX Trading Rule in part 96 and Procedural Changes where insufficient care is taken to the NOX SIP call (see 63 FR 57356). ensure proper conduct of the testing. Today's action adopts final part 75 Background: EPA proposed to revise Two commenters stated that the revisions to address the remaining May the recertification application review owner or operator would be in violation 21, 1998, proposed revisions and to period in § 75.20(b)(5) from 60 days to of the requirements of proposed make minor technical corrections to the 120 days, which is the same review § 75.33(d) and § 75.10(a) if a part 75 provisions promulgated in period as for the initial certification recertification application were application. The Agency believes that conjunction with part 96 and the NOX disapproved after 120 days (see Docket SIP Call. The final revisions involve the this will reduce confusion, simplify A±97±35, Items IV±D17 and IV±D±23) following matters: (1) revised certification/recertification application because the percent monitor availability definitions of gas-fired, oil-fired, and tracking, and will result in the more would be below 80%. These proposed peaking unit to allow for changes in unit efficient allocation of resources by local, penalties have been withdrawn from the fuel usage and/or operation; (2) a minor state, and federal agencies.
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