National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines, 12863-12873 [2011-5196]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12863-12873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5196]



[[Page 12863]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0708, FRL-9277-3]
RIN 2060-AQ78


National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

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SUMMARY: EPA is taking direct final action to promulgate amendments to 
a final rule that provided national emission standards for hazardous 
air pollutants for existing stationary spark ignition reciprocating 
internal combustion engines. The final rule was published on August 20, 
2010. This direct final action amends certain regulatory text to 
clarify compliance requirements related to continuous parameter 
monitoring systems. EPA is also correcting minor typographical errors 
in the regulatory text to the August 20, 2010, action.

DATES: The direct final rule is effective on May 9, 2011, without 
further notice, unless EPA receives significant adverse written comment 
by April 8, 2011 on any portion of this rule, or if a public hearing is 
requested by March 16, 2011. If significant adverse comments are 
received on any or all of the amendments, EPA will publish a timely 
withdrawal in the Federal Register clarifying which provisions will 
become effective and which provisions are being withdrawn due to 
adverse comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0708, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: U.S. Postal Service, send comments to: EPA Docket 
Center (6102T), National Emission Standards for Hazardous Air Pollutant 
for Stationary Reciprocating Internal Combustion Engines Docket, Docket 
ID No. EPA-HQ-OAR-2008-0708, 1200 Pennsylvania Ave., NW., Washington, 
DC 20460. Please include a total of two copies. In addition, please 
mail a copy of your comments on the information collection provisions 
to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, Attn: Desk Officer for EPA, 725 17th St., NW., 
Washington, DC 20503.
     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (6102T), National Emission Standards for 
Hazardous Air Pollutant for Stationary Reciprocating Internal 
Combustion Engines Docket, Docket ID No. EPA-HQ-OAR-2008-0708, EPA 
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Please include a total of two copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0708. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. EPA also relies on documents in Docket ID 
Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, and EPA-HQ-OAR-2005-
0030, and incorporated those dockets into the record for this action. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
https://www.regulations.gov or in hard copy at the EPA Docket Center, 
EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Docket 
Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number (919) 541-2469; facsimile number (919) 541-5450; e-
mail address king.melanie@epa.gov.

SUPPLEMENTARY INFORMATION: Organization of This Document. The following 
outline is provided to aid in locating information in the preamble.

I. What is the background for the amendments?
II. What are the changes to the final rule?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. What is the background for the amendments?

    On August 20, 2010 (75 FR 51570), EPA issued final amendments to 
the National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for Stationary Reciprocating Internal Combustion Engines (RICE). EPA 
has subsequently determined, following discussions with affected 
parties, that the final rule warrants clarification in certain areas. 
First, certain portions of

[[Page 12864]]

the operation and maintenance requirements for continuous parameter 
monitoring systems (CPMS) are unclear. Second, sources asked for 
guidance regarding the requirement to conduct a temperature measurement 
calibration check. Finally, EPA is correcting an inadvertent error in 
the definition for ``spark ignition.'' This action makes these 
clarifications and corrects these errors.
    EPA is issuing the amendments as a direct final rule, without a 
prior proposal, because we view the revisions as noncontroversial and 
anticipate no adverse comment. However, in the Proposed Rules section 
of this Federal Register notice, EPA is publishing a separate document 
that will serve as the proposal to amend the RICE NESHAP if significant 
adverse comments are filed. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. EPA would address all public comments in any subsequent 
final rule based on the proposed rule.

II. What are the changes to the final rule?

    This direct final rule clarifies the provisions related to the data 
collection requirements for CPMS. After promulgation of the August 20, 
2010, final rule, affected sources indicated that the CPMS operation, 
maintenance, and data collection requirements in 40 CFR 63.6625(b) were 
unclear. In particular, sources were not clear about the intent of the 
requirements for minimum availability of data. This action clarifies 
those requirements. It specifies that the requirement to monitor 
operating parameters on a continuous basis applies at all times the 
process is operating, except for periods of monitoring system 
malfunctions, repairs associated with monitoring system malfunctions, 
and required monitoring system quality assurance or quality control 
activities. This direct final rule also corrects an inadvertent error 
in the averaging time for the operating parameter data. Paragraph 40 
CFR 63.6625(b)(4) required sources to determine a 3-hour block average 
of the parameter, which was not consistent with the requirements in 
Table 6 of 40 CFR part 63, subpart ZZZZ to determine a 4-hour rolling 
average. This action clarifies that sources should determine the 4-hour 
rolling average as specified in Table 6 to 40 CFR part 63, subpart ZZZZ 
and removes the reference to a 3-hour block average in 40 CFR 
63.6625(b). The operating parameter data should be reduced to 1-hour 
averages, and the 4-hour rolling average should be determined using the 
rolling average of the four hourly averages.
    Affected sources were also unclear regarding the requirement in 40 
CFR 63.6625(k)(4) to conduct a temperature measurement calibration 
check at least every 3 months, and asked EPA for guidance on 
appropriate methods for conducting the calibration check. More 
specifically, sources struggled with the intention of the term 
``calibration check,'' wondering whether classical techniques such as 
the use of ice and boiling water baths would be the sole acceptable 
means of demonstrating a ``calibration check.'' In addition, sources 
wondered whether just the sensor or the entire system should be subject 
to a ``calibration check.'' This action replaces the term ``calibration 
check'' with ``system accuracy audit'' to better reflect EPA's intent. 
EPA recognizes that there are many ways for a source to demonstrate 
that its measurement system--as opposed to individual sensors--are 
producing and should be expected to continue producing valid data, and 
EPA affords sources the ability to tailor their monitoring plans to 
accommodate their system accuracy audit preferences. System accuracy 
audit techniques could include, but are not limited to, the use of 
redundant sensors or the use of a reference temperature gauge inserted 
in a thermal well co-located with the CPMS sensor. In both of the 
examples given above, each sensor would provide an assessment of the 
other's operation as demonstrated through a comparison of their 
individual values, and, when coupled with the other parts of a system 
accuracy audit and approved by EPA, could fulfill the rule 
requirements. Affected sources also indicated that the requirement to 
conduct quarterly checks of the temperature measurement device was 
unreasonable because engines may be located in remote locations that 
could be difficult for personnel trained in the equipment performance 
check procedures to reach on a quarterly basis. EPA recognizes that for 
these sources, the requirement to conduct quarterly checks may be too 
burdensome given the remote location of the engines, and has determined 
that annual checks of the temperature measurement device equipment are 
acceptable for stationary engines to ensure the equipment is producing 
valid data. EPA therefore is amending the requirement to specify that 
the temperature measurement device checks must be performed on an 
annual basis rather than quarterly.
    The August 20, 2010, final amendments specified that the engine 
owner/operator must develop and submit for approval a site-specific 
monitoring plan for each CPMS. The monitoring plan must address 
elements of monitoring system design, performance, and data quality 
assurance and quality control consistent with the general provisions in 
part 63 and requirements of 40 CFR part 63, subpart ZZZZ. EPA notes 
that 40 CFR 63.8(f)(4) of the General Provisions allows the source to 
use the monitoring plan development and approval process to propose and 
apply alternatives to CPMS quality assurance and quality control 
requirements identified in the rule.
    Affected sources also indicated that there was insufficient time 
for sources that were already subject to 40 CFR part 63 subpart ZZZZ to 
comply with the CPMS operation and maintenance requirements established 
in the August 20, 2010, final rule. EPA agrees that it is appropriate 
to provide a period of lead time for sources that would have been 
immediately affected by the new specifications for CPMS operation and 
maintenance. EPA is therefore amending the final rule to provide an 
additional 180 days before sources must comply with the CPMS operation 
and maintenance procedures in 40 CFR 63.6625(b).
    This action also corrects an inadvertent error in 40 CFR 
63.6603(a), which should have referenced Table 1b to 40 CFR part 63, 
subpart ZZZZ in addition to Table 2b. Table 1b includes the operating 
limitation requirements for existing stationary spark ignition four-
stroke rich burn engines greater than 500 horsepower (HP) located at 
area sources of hazardous air pollutants. The introductory text to 
Tables 1b and 2b should also have contained a reference to 40 CFR 
63.6603, and this action corrects that inadvertent error. This action 
also corrects an inadvertent error in Table 1b to 40 CFR part 63, 
subpart ZZZZ. The last line of Item 2 in Table 6 should have read ``* * 
* and not using NSCR,'' and this action corrects that inadvertent 
error.
    This action also clarifies the initial compliance requirements in 
Table 5 to 40 CFR part 63, subpart ZZZZ. The table as finalized did not 
clearly indicate the initial compliance requirements for existing non-
emergency stationary engines larger than 500 HP complying with the 
option to limit the concentration of carbon monoxide (CO) or 
formaldehyde. The requirements were only shown for existing non-
emergency stationary engines larger than 500 HP complying with the 
option to meet a percent reduction requirement for CO or formaldehyde. 
The requirements for those engines meeting a concentration limit are 
the same as those meeting a percent reduction limit,

[[Page 12865]]

except that for those engines meeting a concentration limit, emissions 
are not required to be measured at the inlet of the emission control 
device as well as the outlet. This action also corrects an inadvertent 
error in Table 6 to 40 CFR part 63, subpart ZZZZ. Item 13.a. in Table 6 
should have read ``* * * and not using an oxidation catalyst or NSCR,'' 
and this action corrects that inadvertent error.
    Finally, this action corrects the definition for ``Spark 
ignition.'' The word ``with'' was inadvertently omitted from the 
definition, and EPA is amending the definition to insert ``with'' 
immediately following the phrase ``A gasoline-fueled engine; or any 
other type of engine. * * *''

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, Regulatory Planning and Review (58 FR 
51735, October 4, 1993), this action is not a ``significant regulatory 
action'' and is, therefore, not subject to review by the Office of 
Management and Budget (OMB). This action is a clarification of and 
correction to certain text in the final rule and is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). However, the final rule 
promulgated on August 20, 2010, was reviewed by OMB.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action adds clarifications and corrections to the final standards. 
However, OMB has previously approved the information collection 
requirements contained in the existing regulation under the provisions 
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2060-0548. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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 agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For purposes of assessing the impact of this rule on small 
entities, small entity is defined as: (1) A small business as defined 
by Small Business Administration (SBA) regulations at 13 CFR 121.201; 
(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 this direct final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small because it does not 
add any additional regulatory requirements because this action only 
clarifies the existing compliance requirements and corrects 
typographical errors.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C 1531-
1538, requires Federal agencies, unless otherwise prohibited by law, to 
assess the effects of their regulatory actions on State, local, and 
tribal governments and the private sector. Federal agencies must also 
develop a plan to provide notice to small governments that might be 
significantly or uniquely affected by any regulatory requirements. The 
plan must enable officials of affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates and must 
inform, educate, and advise small governments on compliance with the 
regulatory requirements.
    This direct final 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, this final rule is not subject to the requirements of 
section 202 and 205 of the UMRA.
    This final action is also not subject to the requirements of 
section 203 of the UMRA because it contains no regulatory requirements 
that might significantly or uniquely affect small governments. This 
final action contains no requirements that apply to such governments, 
imposes no obligations upon them, and will not result in expenditures 
by them of $100 million or more in any one year or any disproportionate 
impacts on them.

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, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    This direct final rule does not have federalism implications. It 
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. None of the affected 
facilities are owned or operated by State governments. Thus, Executive 
Order 13132 does not apply to these final rules.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Subject to the Executive Order 13175 (65 FR 67249, November 9, 
2000) EPA may not issue a regulation that has tribal 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 tribal governments, or 
EPA consults with tribal officials early in the process of developing 
the regulation and develops a tribal summary impact statement.
    This direct final rule does not have tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). It 
will not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
The final rule imposes no new requirements on the one tribally owned 
facility. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive

[[Page 12866]]

Order 13045 because it is based solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS.
    This action does not involve changes to the technical standards 
related to test methods or monitoring methods; thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272) do not apply.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629) (February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    The direct final rule does not involve special consideration of 
environmental justice-related issues as required by Executive Order 
12898, Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994), 
because it does not change any regulatory requirements. This action 
merely corrects and clarifies existing requirements.

K. Congressional Review Act

    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. EPA will submit a report containing this 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 rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This action is effective May 9, 2011.

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
Hazardous substances, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 1, 2011.
Lisa P. Jackson,
Administrator.

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

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart ZZZZ--[Amended]

0
2. Section 63.6603 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.6603  What emission limitations and operating limitations must 
I meet if I own or operate an existing stationary RICE located at an 
area source of HAP emissions?

* * * * *
    (a) If you own or operate an existing stationary RICE located at an 
area source of HAP emissions, you must comply with the requirements in 
Table 2d to this subpart and the operating limitations in Table 1b and 
Table 2b to this subpart that apply to you.
* * * * *

0
3. Section 63.6625 is amended by revising paragraph (b) and removing 
paragraph (k) to read as follows:


Sec.  63.6625  What are my monitoring, installation, collection, 
operation, and maintenance requirements?

* * * * *
    (b) If you are required to install a continuous parameter 
monitoring system (CPMS) as specified in Table 5 of this subpart, you 
must install, operate, and maintain each CPMS according to the 
requirements in paragraphs (b)(1) through (5) of this section. For an 
affected source that is complying with the emission limitations and 
operating limitations on March 9, 2011, the requirements in paragraph 
(b) of this section are applicable September 6, 2011.
    (1) You must prepare a site-specific monitoring plan that addresses 
the monitoring system design, data collection, and the quality 
assurance and quality control elements outlined in paragraphs (b)(1)(i) 
through (v) of this section and in Sec.  63.8(d). As specified in Sec.  
63.8(f)(4), you may request approval of monitoring system quality 
assurance and quality control procedures alternative to those specified 
in paragraphs (b)(1) through (5) of this section in your site-specific 
monitoring plan.
    (i) The performance criteria and design specifications for the 
monitoring system equipment, including the sample interface, detector 
signal analyzer, and data acquisition and calculations;
    (ii) Sampling interface (e.g., thermocouple) location such that the 
monitoring system will provide representative measurements;
    (iii) Equipment performance evaluations, system accuracy audits, or 
other audit procedures;
    (iv) Ongoing operation and maintenance procedures in accordance 
with provisions in Sec.  63.8(c)(1) and (c)(3); and
    (v) Ongoing reporting and recordkeeping procedures in accordance 
with provisions in Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (2) You must install, operate, and maintain each CPMS in continuous 
operation according to the procedures in your site-specific monitoring 
plan.
    (3) The CPMS must collect data at least once every 15 minutes (see 
also Sec.  63.6635).
    (4) For a CPMS for measuring temperature range, the temperature 
sensor must have a minimum tolerance of 2.8 degrees Celsius (5 degrees 
Fahrenheit) or 1 percent of the measurement range, whichever is larger.
    (5) You must conduct the CPMS equipment performance evaluation, 
system accuracy audits, or other audit procedures specified in your 
site-

[[Page 12867]]

specific monitoring plan at least annually.
    (6) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
* * * * *

0
4. Section 63.6635 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  63.6635  How do I monitor and collect data to demonstrate 
continuous compliance?

* * * * *
    (b) Except for monitor malfunctions, associated repairs, required 
performance evaluations, and required quality assurance or control 
activities, you must monitor continuously at all times that the 
stationary RICE is operating. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring to 
provide valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities in data averages and calculations used to report emission or 
operating levels. You must, however, use all the valid data collected 
during all other periods.

0
5. Section 63.6675 is amended by revising the definition of Spark 
ignition to read as follows:


Sec.  63.6635  What definitions apply to this subpart?

* * * * *
    Spark ignition means relating to either: A gasoline-fueled engine; 
or any other type of engine with a spark plug (or other sparking 
device) and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark ignition engines usually use a 
throttle to regulate intake air flow to control power during normal 
operation. Dual-fuel engines in which a liquid fuel (typically diesel 
fuel) is used for CI and gaseous fuel (typically natural gas) is used 
as the primary fuel at an annual average ratio of less than 2 parts 
diesel fuel to 100 parts total fuel on an energy equivalent basis are 
spark ignition engines.
* * * * *

0
6. Table 1b to Subpart ZZZZ of Part 63 is revised to read as follows:
Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for 
Existing, New, and Reconstructed Spark Ignition 4SRB Stationary RICE 
>500 HP Located at a Major Source of HAP Emissions and Existing Spark 
Ignition 4SRB Stationary RICE >500 HP Located at an Area Source of HAP 
Emissions
    As stated in Sec. Sec.  63.6600, 63.6603, 63.6630 and 63.6640, you 
must comply with the following operating limitations for existing, new 
and reconstructed 4SRB stationary RICE >500 HP located at a major 
source of HAP emissions and existing 4SRB stationary RICE >500 HP 
located at an area source of HAP emissions that operate more than 24 
hours per calendar year:

------------------------------------------------------------------------
                                             You must meet the following
              For each . . .                 operating limitation . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with the  a. Maintain your catalyst so
 requirement to reduce formaldehyde          that the pressure drop
 emissions by 76 percent or more (or by 75   across the catalyst does
 percent or more, if applicable) and using   not change by more than 2
 NSCR; or                                    inches of water at 100
4SRB stationary RICE complying with the      percent load plus or minus
 requirement to limit the concentration of   10 percent from the
 formaldehyde in the stationary RICE         pressure drop across the
 exhaust to 350 ppbvd or less at 15          catalyst measured during
 percent O2 and using NSCR; or               the initial performance
4SRB stationary RICE complying with the      test; and
 requirement to limit the concentration of  b. Maintain the temperature
 formaldehyde in the stationary RICE         of your stationary RICE
 exhaust to 2.7 ppmvd or less at 15          exhaust so that the
 percent O2 and using NSCR.                  catalyst inlet temperature
                                             is greater than or equal to
                                             750 [deg]F and less than or
                                             equal to 1250 [deg]F.
2. 4SRB stationary RICE complying with the  Comply with any operating
 requirement to reduce formaldehyde          limitations approved by the
 emissions by 76 percent or more (or by 75   Administrator.
 percent or more, if applicable) and not
 using NSCR; or
4SRB stationary RICE complying with the
 requirement to limit the concentration of
 formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR; or
4SRB stationary RICE complying with the
 requirement to limit the concentration of
 formaldehyde in the stationary RICE
 exhaust to 2.7 ppmvd or less at 15
 percent O2 and not using NSCR.
------------------------------------------------------------------------


0
7. Table 2b to Subpart ZZZZ of Part 63 introductory text is revised to 
read as follows:
Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New and 
Reconstructed 2SLB and Compression Ignition Stationary RICE >500 HP 
Located at a Major Source of HAP Emissions, New and Reconstructed 4SLB 
Stationary RICE >=250 HP Located at a Major Source of HAP Emissions, 
Existing Compression Ignition Stationary RICE >500 HP, and Existing 
4SLB Stationary RICE >500 HP Located at an Area Source of HAP Emissions
    As stated in Sec. Sec.  63.6600, 63.6601, 63.6603, 63.6630, and 
63.6640, you must comply with the following operating limitations for 
new and reconstructed 2SLB and compression ignition stationary RICE 
located at a major source of HAP emissions; new and reconstructed 4SLB 
stationary RICE >=250 HP located at a major source of HAP emissions; 
existing compression ignition stationary RICE >500 HP; and existing 
4SLB stationary RICE >500 HP located at an area source of HAP emissions 
that operate more than 24 hours per calendar year:
* * * * *

0
8. Table 5 to Subpart ZZZZ of Part 63 is revised to read as follows:
Table 5 to Subpart ZZZZ of Part 63--Initial Compliance With Emission 
Limitations and Operating Limitations
    As stated in Sec. Sec.  63.6612, 63.6625 and 63.6630, you must 
initially comply with the emission and operating limitations as 
required by the following:

[[Page 12868]]



------------------------------------------------------------------------
                                                          You have
       For each . . .          Complying with the   demonstrated initial
                              requirement to . . .   compliance if . . .
------------------------------------------------------------------------
1. New or reconstructed non-  a. Reduce CO          i. The average
 emergency 2SLB stationary     emissions and using   reduction of
 RICE >500 HP located at a     oxidation catalyst,   emissions of CO
 major source of HAP, new or   and using a CPMS.     determined from the
 reconstructed non-emergency                         initial performance
 4SLB stationary RICE >=250                          test achieves the
 HP located at a major                               required CO percent
 source of HAP, non-                                 reduction; and
 emergency stationary CI                            ii. You have
 RICE >500 HP located at a                           installed a CPMS to
 major source of HAP,                                continuously
 existing non-emergency                              monitor catalyst
 stationary CI RICE >500 HP                          inlet temperature
 located at an area source                           according to the
 of HAP, and existing non-                           requirements in
 emergency 4SLB stationary                           Sec.   63.6625(b);
 RICE >500 HP located at an                          and
 area source of HAP that are                        iii. You have
 operated more than 24 hours                         recorded the
 per calendar year.                                  catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
2. Non-emergency stationary   a. Limit the          i. The average CO
 CI RICE >500 HP located at    concentration of      concentration
 a major source of HAP,        CO, using oxidation   determined from the
 existing non-emergency        catalyst, and using   initial performance
 stationary CI RICE >500 HP    a CPMS.               test is less than
 located at an area source                           or equal to the CO
 of HAP, and existing non-                           emission
 emergency 4SLB stationary                           limitation; and
 RICE >500 HP located at an                         ii. You have
 area source of HAP that are                         installed a CPMS to
 operated more than 24 hours                         continuously
 per calendar year.                                  monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
3. New or reconstructed non-  a. Reduce CO          i. The average
 emergency 2SLB stationary     emissions and not     reduction of
 RICE >500 HP located at a     using oxidation       emissions of CO
 major source of HAP, new or   catalyst.             determined from the
 reconstructed non-emergency                         initial performance
 4SLB stationary RICE >=250                          test achieves the
 HP located at a major                               required CO percent
 source of HAP, non-                                 reduction; and
 emergency stationary CI                            ii. You have
 RICE >500 HP located at a                           installed a CPMS to
 major source of HAP,                                continuously
 existing non-emergency                              monitor operating
 stationary CI RICE >500 HP                          parameters approved
 located at an area source                           by the
 of HAP, and existing non-                           Administrator (if
 emergency 4SLB stationary                           any) according to
 RICE >500 HP located at an                          the requirements in
 area source of HAP that are                         Sec.   63.6625(b);
 operated more than 24 hours                         and
 per calendar year.                                 iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
4. Non-emergency stationary   a. Limit the          i. The average CO
 CI RICE >500 HP located at    concentration of      concentration
 a major source of HAP,        CO, and not using     determined from the
 existing non-emergency        oxidation catalyst.   initial performance
 stationary CI RICE >500 HP                          test is less than
 located at an area source                           or equal to the CO
 of HAP, and existing non-                           emission
 emergency 4SLB stationary                           limitation; and
 RICE >500 HP located at an                         ii. You have
 area source of HAP that are                         installed a CPMS to
 operated more than 24 hours                         continuously
 per calendar year.                                  monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
5. New or reconstructed non-  a. Reduce CO          i. You have
 emergency 2SLB stationary     emissions, and        installed a CEMS to
 RICE >500 HP located at a     using a CEMS.         continuously
 major source of HAP, new or                         monitor CO and
 reconstructed non-emergency                         either O2 or CO2 at
 4SLB stationary RICE >=250                          both the inlet and
 HP located at a major                               outlet of the
 source of HAP, non-                                 oxidation catalyst
 emergency stationary CI                             according to the
 RICE >500 HP located at a                           requirements in
 major source of HAP,                                Sec.   63.6625(a);
 existing non-emergency                              and
 stationary CI RICE >500 HP                         ii. You have
 located at an area source                           conducted a
 of HAP, and existing non-                           performance
 emergency 4SLB stationary                           evaluation of your
 RICE >500 HP located at an                          CEMS using PS 3 and
 area source of HAP that are                         4A of 40 CFR part
 operated more than 24 hours                         60, appendix B; and
 per calendar year.                                 iii. The average
                                                     reduction of CO
                                                     calculated using
                                                     Sec.   63.6620
                                                     equals or exceeds
                                                     the required
                                                     percent reduction.
                                                     The initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average percent
                                                     reduction achieved
                                                     during the 4-hour
                                                     period.
6. Non-emergency stationary   a. Limit the          i. You have
 CI RICE >500 HP located at    concentration of      installed a CEMS to
 a major source of HAP,        CO, and using a       continuously
 existing non-emergency        CEMS.                 monitor CO and
 stationary CI RICE >500 HP                          either O2 or CO2 at
 located at an area source                           the outlet of the
 of HAP, and existing non-                           oxidation catalyst
 emergency 4SLB stationary                           according to the
 RICE >500 HP located at an                          requirements in
 area source of HAP that are                         Sec.   63.6625(a);
 operated more than 24 hours                         and
 per calendar year.                                 ii. You have
                                                     conducted a
                                                     performance
                                                     evaluation of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B; and

[[Page 12869]]

 
                                                    iii. The average
                                                     concentration of CO
                                                     calculated using
                                                     Sec.   63.6620 is
                                                     less than or equal
                                                     to the CO emission
                                                     limitation. The
                                                     initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average
                                                     concentration
                                                     measured during the
                                                     4-hour period.
7. Non-emergency 4SRB         a. Reduce             i. The average
 stationary RICE >500 HP       formaldehyde          reduction of
 located at a major source     emissions and using   emissions of
 of HAP, and existing non-     NSCR.                 formaldehyde
 emergency 4SRB stationary                           determined from the
 RICE >500 HP located at an                          initial performance
 area source of HAP that are                         test is equal to or
 operated more than 24 hours                         greater than the
 per calendar year.                                  required
                                                     formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
8. Non-emergency 4SRB         a. Reduce             i. The average
 stationary RICE >500 HP       formaldehyde          reduction of
 located at a major source     emissions and not     emissions of
 of HAP, and existing non-     using NSCR.           formaldehyde
 emergency 4SRB stationary                           determined from the
 RICE >500 HP located at an                          initial performance
 area source of HAP that are                         test is equal to or
 operated more than 24 hours                         greater than the
 per calendar year.                                  required
                                                     formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
9. Existing non-emergency     a. Limit the          i. The average
 4SRB stationary RICE >500     concentration of      formaldehyde
 HP located at an area         formaldehyde and      concentration
 source of HAP that are        not using NSCR.       determined from the
 operated more than 24 hours                         initial performance
 per calendar year.                                  test is less than
                                                     or equal to the
                                                     formaldehyde
                                                     emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
10. New or reconstructed non- a. Limit the          i. The average
 emergency stationary RICE     concentration of      formaldehyde
 >500 HP located at a major    formaldehyde in the   concentration,
 source of HAP, new or         stationary RICE       corrected to 15
 reconstructed non-emergency   exhaust and using     percent O2, dry
 4SLB stationary RICE          oxidation catalyst    basis, from the
 250<=HP<=500 located at a     or NSCR.              three test runs is
 major source of HAP, and                            less than or equal
 existing non-emergency 4SRB                         to the formaldehyde
 stationary RICE >500 HP.                            emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
11. New or reconstructed non- a. Limit the          i. The average
 emergency stationary RICE     concentration of      formaldehyde
 >500 HP located at a major    formaldehyde in the   concentration,
 source of HAP, new or         stationary RICE       corrected to 15
 reconstructed non-emergency   exhaust and not       percent O2, dry
 4SLB stationary RICE          using oxidation       basis, from the
 250<=HP<=500 located at a     catalyst or NSCR.     three test runs is
 major source of HAP, and                            less than or equal
 existing non-emergency 4SRB                         to the formaldehyde
 stationary RICE >500 HP.                            emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
12. Existing non-emergency    a. Reduce CO or       i. The average
 stationary RICE               formaldehyde          reduction of
 100<=HP<=500 located at a     emissions.            emissions of CO or
 major source of HAP, and                            formaldehyde, as
 existing non-emergency                              applicable
 stationary CI RICE                                  determined from the
 300500 HP located at a     an oxidation          performance tests
 major source of HAP, new or   catalyst, and using   for CO to
 reconstructed non-emergency   a CPMS.               demonstrate that
 4SLB stationary RICE >=250                          the required CO
 HP located at a major                               percent reduction
 source of HAP, and new or                           is achieved; \a\
 reconstructed non-emergency                         and
 CI stationary RICE >500 HP                         ii. Collecting the
 located at a major source                           catalyst inlet
 of HAP.                                             temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
2. New or reconstructed non-  a. Reduce CO          i. Conducting
 emergency 2SLB stationary     emissions and not     semiannual
 RICE >500 HP located at a     using an oxidation    performance tests
 major source of HAP, new or   catalyst, and using   for CO to
 reconstructed non-emergency   a CPMS.               demonstrate that
 4SLB stationary RICE >=250                          the required CO
 HP located at a major                               percent reduction
 source of HAP, and new or                           is achieved; \a\
 reconstructed non-emergency                         and
 CI stationary RICE >500 HP                         ii. Collecting the
 located at a major source                           approved operating
 of HAP.                                             parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
3. New or reconstructed non-  a. Reduce CO          i. Collecting the
 emergency 2SLB stationary     emissions or limit    monitoring data
 RICE >500 HP located at a     the concentration     according to Sec.
 major source of HAP, new or   of CO in the          63.6625(a),
 reconstructed non-emergency   stationary RICE       reducing the
 4SLB stationary RICE >=250    exhaust, and using    measurements to 1-
 HP located at a major         a CEMS.               hour averages,
 source of HAP, new or                               calculat