National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines, 54606-54612 [2013-21626]
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 63
[EPA–HQ–OAR–2008–0708, FRL–9900–76–
OA]
RIN 2060–AR90
National Emission Standards for
Hazardous Air Pollutants for
Reciprocating Internal Combustion
Engines; New Source Performance
Standards for Stationary Internal
Combustion Engines
Environmental Protection
Agency (EPA).
ACTION: Notice of reconsideration of
final rule; request for public comment.
AGENCY:
On January 30, 2013, the EPA
finalized amendments to the national
emission standards for hazardous air
pollutants for stationary reciprocating
internal combustion engines and the
standards of performance for stationary
internal combustion engines.
Subsequently, the EPA received three
petitions for reconsideration of the final
rule. The EPA is announcing
reconsideration of and requesting public
comment on three issues raised in the
petitions for reconsideration, as detailed
in the Supplementary Information
section of this notice of reconsideration.
The EPA plans to issue a final decision
on these issues as expeditiously as
possible. The EPA is seeking comment
only on the three issues. The EPA will
not respond to any comments
addressing any other issues or any other
provisions of the final rule or any other
rule. The EPA is not proposing any
changes to its regulations in this notice
of reconsideration.
DATES: Comments. Comments must be
received on or before November 4, 2013,
or 30 days after date of public hearing
if later.
Public Hearing. If anyone contacts us
requesting to speak at a public hearing
by September 25, 2013, a public hearing
will be held on October 7, 2013. If you
are interested in attending the public
hearing, contact Ms. Pamela Garrett at
(919) 541–7966 to verify that a hearing
will be held.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0708, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Air and Radiation Docket and
Information Center, Environmental
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SUMMARY:
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Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460. Please include a
total of two copies. The EPA requests a
separate copy also be sent to the contact
person identified below (see FOR
FURTHER INFORMATION CONTACT).
• Hand Delivery: Air and Radiation
Docket and Information Center, U.S.
EPA, Room 3334, 1301 Constitution
Avenue NW., Washington, DC. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0708. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available on-line at
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 www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through www.regulations.gov,
your email 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the 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.
Public Hearing: If a public hearing is
held, it will be held at the EPA’s
campus located at 109 T.W. Alexander
Drive in Research Triangle Park, NC or
an alternate site nearby.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. The EPA also relies on
documents in Docket ID Nos. EPA–HQ–
OAR–2002–0059, EPA–HQ–OAR–2005–
0029, EPA–HQ–OAR–2005–0030, and
EPA–HQ–OAR–2010–0295, and
incorporated those dockets into the
record for this action. Although listed in
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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 www.regulations.gov or
in hard copy at the Air and Radiation
Docket, EPA/DC, 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 Air Docket 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; email 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. General Information
A. What is the source of authority for the
reconsideration action?
B. What entities are potentially affected by
the reconsideration action?
C. What should I consider as I prepare my
comments for the EPA?
II. Background
III. Discussion of the Issues Under
Reconsideration
A. Timing for Compliance With the ULSD
Fuel Requirement for Emergency Engines
B. Timing and Required Information for the
Reporting Requirement for Emergency
Engines
C. Criteria for Operation for up to 50 Hours
per Year for Non-Emergency Situations
IV. Solicitation of Public Comment and
Participation
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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
Risks 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
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J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
I. General Information
A. What is the source of authority for
the reconsideration action?
The statutory authority for this action
is provided by sections 112 and
307(d)(7)(B) of the Clean Air Act (CAA)
NAICS 1
Category
Any industry using a stationary reciprocating internal combustion engine.
1 North
as amended (42 U.S.C. 7412 and
7607(d)(7)(B)).
B. What entities are potentially affected
by the reconsideration action?
Categories and entities potentially
regulated by this action include:
Examples of regulated entities
Electric power generation, transmission, or distribution.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. To determine
whether your engine is regulated by this
action, you should examine the
applicability criteria in 40 CFR 63.6585,
40 CFR 60.4200, and 40 CFR 60.4230. If
you have any questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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C. What should I consider as I prepare
my comments for the EPA?
Submitting CBI. Do not submit this
information to the EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to the EPA, mark the outside
of the disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. Send or deliver
information identified as CBI to only the
following address: Ms. Melanie King,
c/o OAQPS Document Control Officer
(Room C404–02), U.S. EPA, Research
Triangle Park, NC 27711, Attention
Docket ID No. EPA–HQ–OAR–2008–
0708.
Docket. The docket number for this
notice of reconsideration is Docket ID
No. EPA–HQ–OAR–2008–0708.
World Wide Web (WWW). In addition
to being available in the docket, an
electronic copy of this notice of
reconsideration will be posted on the
WWW through the Technology Transfer
Network Web site (TTN Web).
Following signature, the EPA will post
a copy of this notice of reconsideration
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on the TTN’s policy and guidance page
for newly proposed or promulgated
rules at https://www.epa.gov/ttn/oarpg.
The TTN provides information and
technology exchange in various areas of
air pollution control.
II. Background
On January 30, 2013, the EPA
promulgated amendments to the
national emission standards for
hazardous air pollutants (NESHAP) for
stationary reciprocating internal
combustion engines (RICE) and the
standards of performance (‘‘NSPS’’) for
stationary internal combustion engines
(ICE) (78 FR 6674). Following
promulgation of the January 30, 2013,
final rule, the EPA received three
petitions for reconsideration pursuant to
section 307(d)(7)(B) of the CAA. The
EPA received a petition dated March 29,
2013, from Calpine Corporation and
PSEG Power LLC. The EPA received a
petition dated April 1, 2013, from the
Delaware Department of Natural
Resources and Environmental Control
(DE DNREC). Finally, the EPA received
a petition dated April 1, 2013, from
Clean Air Council, Citizens for
Pennsylvania’s Future, Conservation
Law Foundation, Environmental
Defense Fund, Natural Resources
Defense Council, Pace Energy and
Climate Center, Sierra Club and West
Harlem Environmental Action, Inc.
(Clean Air Council et al.). The petitions
are available for review in the
rulemaking docket, see document
numbers EPA–HQ–OAR–2008–0708–
1505, EPA–HQ–OAR–2008–0708–1506
and EPA–HQ–OAR–2008–0708–1507.
On June 28, 2013, the EPA issued letters
to the petitioners granting
reconsideration on three specific issues
raised in the petitions for
reconsideration and indicating that the
agency would issue a Federal Register
notice regarding the reconsideration
process. This action requests comment
on the three issues for which the EPA
granted reconsideration.
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III. Discussion of the Issues Under
Reconsideration
The EPA finalized the NESHAP for
several subcategories of existing
stationary RICE on March 3, 2010, (75
FR 9648) and August 20, 2010 (75 FR
51570). The EPA received petitions for
reconsideration and judicial review of
the 2010 RICE NESHAP rulemakings.
The EPA finalized amendments to the
RICE NESHAP on January 30, 2013, (78
FR 6674) to address certain issues raised
in the petitions for reconsideration and
judicial review of the 2010 RICE
NESHAP, and also revised the NSPS for
stationary ICE for consistency with the
RICE NESHAP.
The January 30, 2013, amendments
established, among other things, fuel
and reporting requirements for certain
emergency engines used for emergency
demand response and system reliability.
The amendments also established
conditions under which emergency
engines could be used for up to 50 hours
per calendar year in situations where
the engine is dispatched by the local
transmission and distribution system
operator to mitigate local transmission
and/or distribution limitations so as to
avert potential voltage collapse or line
overload that could lead to the
interruption of power supply in a local
area or region. The EPA received
petitions for reconsideration of certain
aspects of these requirements, and
granted reconsideration of the following
three issues to provide an additional
opportunity for public comment:
• Timing for compliance with the
ultra low sulfur diesel (ULSD) fuel
requirement for emergency compression
ignition (CI) engines that operate or are
contractually obligated to be available
for more than 15 hours per calendar
year for the purposes specified in 40
CFR 63.6640(f)(2)(ii) and (iii)
(emergency demand response and
deviations of voltage or frequency of 5
percent or more), or that operate for the
purpose specified in 40 CFR
63.6640(f)(4)(ii) (local system
reliability).
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• Timing and required information
for the reporting requirement for
emergency engines that operate or are
contractually obligated to be available
for more than 15 hours per calendar
year for the purposes specified in 40
CFR 63.6640(f)(2)(ii) and (iii), or that
operate for the purpose specified in 40
CFR 63.6640(f)(4)(ii), and the timing and
required information for the analogous
reporting requirement in the ICE NSPS.
• Conditions in 40 CFR
60.4211(f)(3)(i), 60.4243(d)(3)(i) and
63.6640(f)(4)(ii) for operation for up to
50 hours per calendar year in nonemergency situations as part of a
financial arrangement with another
entity.
These issues are discussed in more
detail in the following sections.
A. Timing for Compliance With the
ULSD Fuel Requirement for Emergency
Engines
The January 30, 2013, final rule
included provisions that require
existing stationary emergency CI RICE
with a site rating of more than 100 brake
horsepower (HP) and a displacement of
less than 30 liters per cylinder that
operate or are contractually obligated to
be available for more than 15 hours per
year (up to a maximum of 100 hours per
year) for the purposes specified in 40
CFR 63.6640(f)(2)(ii) and (iii)
(emergency demand response and
deviations of voltage or frequency of 5
percent or more), or that operate for the
purpose specified in 40 CFR
63.6640(f)(4)(ii) (local system
reliability), to use diesel fuel meeting
the specifications of 40 CFR 80.510(b)
beginning January 1, 2015, except that
any existing diesel fuel purchased (or
otherwise obtained) prior to January 1,
2015, may be used until depleted. The
specifications of 40 CFR 80.510(b)
require that diesel fuel have a maximum
sulfur content of 15 parts per million
and either a minimum cetane index of
40 or a maximum aromatic content of 35
volume percent; this fuel is referred to
as ULSD fuel. The EPA included the
ULSD fuel requirement in the final rule
in response to public comments
expressing concerns about the emissions
from emergency engines. As indicated
in the January 30, 2013, final rule, the
EPA believes that requiring cleaner fuel
for these stationary emergency CI
engines will significantly limit or
reduce the emissions of regulated air
pollutants emitted from these engines,
further protecting public health and the
environment. Information provided to
the EPA by commenters 1 showed that
1 See document number EPA–HQ–OAR–2008–
0708–1459 in the rulemaking docket.
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the use of ULSD will significantly
reduce emissions of air toxics, including
metallic hazardous air pollutants (HAP)
(e.g., nickel, zinc, lead) and benzene.
The EPA added this fuel requirement
beginning in January 2015, rather than
upon initial implementation of the
NESHAP for existing CI engines in May
2013, to provide sources with
appropriate lead time to institute these
new requirements and make any
physical adjustments to engines
(including fuel seals) and other facilities
like tanks or other containment
structures, as well as any needed
adjustments to contracts and other
business activities, that may be
necessitated by these new requirements.
If these sources had been required to
comply with the ULSD fuel requirement
by their May 3, 2013, initial compliance
date, they would have had only three
months of lead time between
promulgation and compliance.
Although the EPA does not have
information specifying the percentage of
existing stationary emergency CI
engines currently using residual fuel oil
or non-ULSD distillate fuel, the most
recent U.S. Energy Information
Administration data available for sales
of distillate and residual fuel oil to end
users 2 show that significant amounts of
non-ULSD are still being purchased by
end users that typically operate
stationary combustion sources,
including stationary emergency CI
engines. For the reasons indicated
above, the EPA determined that
additional lead time was warranted for
these engines.
The petitions for reconsideration from
the DE DNREC and Clean Air Council et
al. requested that the requirement to use
ULSD fuel for certain emergency
engines take effect beginning on the
May 3, 2013, compliance date. The DE
DNREC indicated in the petition that
ULSD is already widely available and is
likely the only diesel fuel available in
most areas. The petition for
reconsideration from Clean Air Council
et al. disagreed with the EPA that
significant lead time is needed for
facilities to come into compliance with
the ULSD fuel requirement and
indicated that the EPA had offered no
evidence that adjustments would be
necessary to operate engines on ULSD.
The EPA does not agree with the
petitioners that there was no evidence
in the record that adjustments may be
necessary. According to the memo in
the rulemaking docket titled, ‘‘Summary
2 U.S. Energy Information Administration.
Distillate Fuel Oil and Kerosene Sales by End Use.
Available at https://www.eia.gov/dnav/pet/pet_cons_
821use_dcu_nus_a.htm.
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of Ultra Low Sulfur Diesel Issues with
Stationary Internal Combustion
Engines’’ (document number EPA–HQ–
OAR–2008–0708–0003), experience
with the transition to ULSD for mobile
CI engines showed that differences in
the aromatic content of ULSD may
require replacement of gaskets and seals
to prevent fuel system leaks. Also, as
discussed previously, information from
the Energy Information Administration
indicated that a significant percentage of
diesel fuel being purchased is not
ULSD. Thus, the record does reflect that
significant lead time is necessary for
facilities to come into compliance with
the ULSD requirement.
In addition, because the EPA included
the requirement to use ULSD in the final
rule in response to comments, the EPA
believed it was appropriate to provide
regulated parties sufficient time to
conform to it, and the EPA did not
believe that the 3 months advocated by
petitioners was appropriate given the
record information described above.
Therefore, the EPA does not at this time
agree that delaying the start of the ULSD
fuel requirement until 2015 is
inappropriate.
However, in consideration of the fact
that the public lacked the opportunity to
comment on the timing of the ULSD fuel
requirement, the EPA has granted
reconsideration to provide an
opportunity for public comment on the
timing for compliance with the ULSD
fuel requirement for emergency CI
engines that operate or are contractually
obligated to be available for more than
15 hours per calendar year for the
purposes specified in 40 CFR
63.6640(f)(2)(ii) and (iii) (emergency
demand response and deviations of
voltage or frequency of 5 percent or
more), or that operate for the purpose
specified in 40 CFR 63.6640(f)(4)(ii)
(local system reliability). The EPA
specifically solicits comment on
whether it would be reasonable to
implement the requirement to use ULSD
fuel earlier than January 1, 2015. The
EPA requests comment on whether the
use of ULSD is already widespread and
whether facilities will need to make any
physical adjustments to engines
(including fuel seals) and other facilities
like tanks or other containment
structures, as well as any needed
adjustments to contracts and other
business activities, to comply with these
new requirements.
B. Timing and Required Information for
the Reporting Requirement for
Emergency Engines
The January 30, 2013, final rule added
a new provision to the RICE NESHAP
that requires stationary emergency RICE
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with a site rating of more than 100 brake
HP and a displacement of less than 30
liters per cylinder that operate or are
contractually obligated to be available
for more than 15 hours per year (up to
a maximum of 100 hours per year) for
the purposes specified in 40 CFR
63.6640(f)(2)(ii) and (iii) (emergency
demand response and deviations of
voltage or frequency of 5 percent or
more), or that operate for the purpose
specified in 40 CFR 63.6640(f)(4)(ii)
(local system reliability), to report the
following information annually to the
EPA, beginning with operation during
the 2015 calendar year:
• Company name and address where
the engine is located.
• Date of the report and beginning
and ending dates of the reporting
period.
• Engine site rating and model year.
• Latitude and longitude of the
engine in decimal degrees reported to
the fifth decimal place.
• Hours operated for emergency
demand response and deviations of
voltage or frequency of 5 percent or
greater below standard, including the
date, start time, and end time for engine
operation for those purposes.
• Number of hours the engine is
contractually obligated to be available
for emergency demand response and
deviations of voltage or frequency of 5
percent or greater below standard.
• Hours spent for operation for local
system reliability, including the date,
start time and end time for engine
operation for that purpose, the entity
that dispatched the engine and the
situation that necessitated the dispatch
of the engine.
• If there were no deviations from the
fuel requirements (if any) that apply to
the engine, a statement that there were
no deviations from the fuel
requirements during the reporting
period.
• If there were deviations from the
fuel requirements that apply to the
engine (if any), information on the
number, duration, and cause of
deviations, and the corrective action
taken.
A similar reporting requirement was
also added to the ICE NSPS. This
information is necessary to determine
whether these engines are operating in
compliance with the regulations and
will assist the EPA and other interested
stakeholders in assessing the impacts of
the emissions from these engines. We
included this reporting requirement in
the final rule in response to public
comments expressing concerns about
the impacts of emissions from
emergency engines. The EPA specified
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in the final rule that the first report must
cover the calendar year 2015 and must
be submitted no later than March 31,
2016. Subsequent annual reports for
each calendar year must be submitted
no later than March 31 of the following
calendar year. The EPA did not require
reporting of operation prior to 2015 for
two reasons: (1) To give the EPA time
to develop the electronic reporting tool
that facilities will use to submit this
information and stakeholders will use to
view the submitted information; and (2)
to give facilities sufficient lead time to
institute the necessary infrastructure to
record and compile the information so
that it can be submitted electronically to
the EPA in the correct format. The
petition for reconsideration from Clean
Air Council et al. requested that the
reporting requirement begin with the
2013 calendar year, with the first report
due in early 2014. Alternatively, Clean
Air Council et al. requested that if the
first report is not submitted until 2016,
the report should include information
on operation in 2013 and 2014, in
addition to the information for 2015 that
is already required. The petitioners also
requested that the report include the
type and amount of diesel fuel used in
the engine. The petitioners indicated
that collecting this information would
enhance the EPA’s ability to assess the
health impacts of the emissions from the
engines.
The EPA does not believe the
petitioners have provided sufficient
justification for the revisions in lead
time provided in their request, and the
EPA continues to believe that a lead
time until the 2015 calendar year is
appropriate, for the reasons stated
above. The EPA also does not agree with
the petitioners that the report should
include the type and amount of diesel
fuel used in the engine, because of the
burden that would place on affected
facilities. The sulfur content of the fuel
in the tanks would be changing over
time as the existing higher sulfur fuel is
replaced with ULSD, and a facility
would have to periodically sample its
fuel tanks in order to determine the
current sulfur content of the fuel.
Facilities may need to install equipment
such as fuel flow meters in order to
determine the amount of diesel fuel
used in their engines.
However, in consideration of the fact
that the public lacked the opportunity to
comment on the timing and required
information for the reporting
requirement, the EPA has granted
reconsideration to provide an
opportunity for public comment on the
timing and required information for the
reporting requirement for emergency
engines that operate or are contractually
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obligated to be available for more than
15 hours per calendar year for the
purposes specified in 40 CFR
63.6640(f)(2)(ii) and (iii), or that operate
for the purpose specified in 40 CFR
63.6640(f)(4)(ii). The EPA requests
comment on whether owners and
operators of these engines should be
required to report operation for the
period between the compliance date and
January 2015, and when it would be
reasonable to submit the report. The
EPA also solicits comment on whether
the rule should require reporting of the
amount and type of diesel fuel used in
the engine. The EPA requests
information on whether such a
requirement would place an
unreasonable burden on affected
facilities.
C. Criteria for Operation for Up to 50
Hours per Year for Non-Emergency
Situations
The proposed amendments to the
RICE NESHAP and ICE NSPS (June 7,
2012; 77 FR 33812) specified two
situations under which emergency
engines could be used for up to 100
hours per calendar year in nonemergency situations as part of a
financial arrangement with another
entity. The EPA proposed that owners
and operators of stationary emergency
engines could operate the engines when
the Reliability Coordinator has declared
an Energy Emergency Alert (EEA) Level
2 as defined in the North American
Electric Reliability Corporation (NERC)
Reliability Standard EOP–002–3,
Capacity and Energy Emergencies, or
during periods where there is a
deviation of voltage or frequency of 5
percent or more below standard voltage
or frequency. Public commenters
indicated that the proposed EEA Level
2 and 5 percent voltage or frequency
deviation triggers did not account for
situations when the local balancing
authority or transmission operator for
the local electric system has determined
that electric reliability is in jeopardy,
and recommended that the EPA include
additional situations where the local
transmission and distribution system
operator has determined that there are
conditions that could lead to a blackout
for the local area. The comments
indicated that rural distribution lines
are not configured in a typical grid
pattern, but instead have distribution
lines that can run well over 50 miles
from a substation and regularly extend
15 miles or longer. During periods of
exceptionally heavy stress within the
region or sub-region, electricity from
regional power generators may not be
available because of transmission
constraints, according to the
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commenter. The comments indicated
that in many cases, there may be only
one transmission line that feeds the
rural distribution system, and no
alternative means to transmit power into
the local system. In response to those
comments and in recognition of the
unique challenges faced by the local
transmission and distribution system
operators in rural areas, the revisions to
the RICE NESHAP and ICE NSPS
finalized on January 30, 2013, specified
limited circumstances under which
stationary emergency engines located at
area sources of HAP could operate for
up to 50 hours per year in nonemergency situations as part of a
financial arrangement with another
entity. The final amendments specified
that up to 50 hours per calendar year
can be used for non-emergency
situations to supply power as part of a
financial arrangement with another
entity if all of the following conditions
are met:
• The engine is located at an area
source of HAP;
• the engine is dispatched by the
local balancing authority or local
transmission and distribution system
operator;
• the dispatch is intended to mitigate
local transmission and/or distribution
limitations so as to avert potential
voltage collapse or line overloads that
could lead to the interruption of power
supply in a local area or region;
• the dispatch follows reliability,
emergency operation or similar
protocols that follow specific NERC,
regional, state, public utility
commission or local standards or
guidelines;
• the power is provided only to the
facility itself or to support the local
transmission and distribution system;
and
• the owner or operator identifies and
records the entity that dispatches the
engine and the specific NERC, regional,
state, public utility commission or local
standards or guidelines that are being
followed for dispatching the engine.
The EPA added these provisions to the
final RICE NESHAP and ICE NSPS in
response to public comments on
situations where the local transmission
and distribution system operator has
determined that there are conditions
that could lead to a blackout for the
local area where the ready availability of
emergency engines is critical to system
reliability.
The petitions for reconsideration from
Clean Air Council et al. and from
Calpine and PSEG expressed concern
that the conditions specified in the final
rule for operation in non-emergency
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situations to supply power as part of a
financial arrangement with another
entity were too indistinct and expansive
and would be difficult to enforce, which
could lead to engines operating when
there is no discernible threat to the grid.
The petition from Calpine and PSEG
expressed concern that the final rule did
not provide any guidance for
determining whether the dispatch of an
engine is intended to mitigate local
transmission and/or distribution
limitations so as to avert potential
voltage collapse or line overloads that
could lead to the interruption of power
supply in a local area or region. The
petition from Clean Air Council et al.
recommended that the EPA more clearly
delineate the situations under which the
engines could run to ensure that the
engines are only dispatched during
genuine grid emergencies, while still
allowing local grid operators to address
legitimate reliability concerns. The
petitions did not provide suggestions as
to what criteria the petitioners believe
would be appropriate.
Due to the public’s inability to
comment on this issue, the EPA has
granted reconsideration of the
conditions in 40 CFR 60.4211(f)(3)(i),
60.4243(d)(3)(i) and 63.6640(f)(4)(ii) for
operation for up to 50 hours per
calendar year in non-emergency
situations as part of a financial
arrangement with another entity, as well
as the corresponding provisions in the
ICE NSPS. The EPA welcomes
comments on these provisions,
including whether the provisions are
necessary or appropriate and also
whether the specific provisions
delineating the situations where such
use is permitted are appropriate as
finalized or should be revised. If a
commenter suggests revisions to the
provisions, the commenter should
provide detailed information supporting
any such revision.
IV. Solicitation of Public Comment and
Participation
The EPA seeks full public
participation in arriving at its final
decisions. At this time, the EPA is not
proposing any specific revisions to the
final RICE NESHAP or the ICE NSPS.
However, the EPA requests public
comment on the three issues under
reconsideration. The EPA is seeking
comment only on the three issues. The
EPA will not respond to any comments
addressing any other issues or any other
provisions of the final rule or any other
rule.
Specifically, the EPA requests
comment on the timing for compliance
with the ULSD fuel requirement for
existing emergency CI engines that
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Fmt 4702
Sfmt 4702
operate or are contractually obligated to
be available for more than 15 hours per
calendar year for the purposes specified
in 40 CFR 63.6640(f)(2)(ii) and (iii)
(emergency demand response and
deviations of voltage or frequency of 5
percent or more, or that operate for the
purpose specified in 40 CFR
63.6640(f)(4)(ii) (local system
reliability). The EPA requests comment
on whether affected engines should be
required to comply with the ULSD fuel
requirement earlier than January 1,
2015. In particular, the EPA invites
comment on whether the lead time for
a January 15, 2015, implementation date
is unreasonably long, or conversely, if
the lead time for an implementation
date prior to January 1, 2015, would be
unreasonably short.
The EPA requests comment on the
timing and required information for the
reporting requirement for emergency
engines that operate or are contractually
obligated to be available for more than
15 hours per calendar year for the
purposes specified in 40 CFR
63.6640(f)(2)(ii) and (iii), or that operate
for the purpose specified in 40 CFR
63.6640(f)(4)(ii), and the timing and
required information for the analogous
reporting requirement in the ICE NSPS.
The EPA requests comment on whether
the reporting should begin with
operation in the 2015 calendar year, and
whether the rule should require
reporting of the amount and type of
diesel fuel used in the engine.
Finally, the EPA requests comment on
the conditions in 40 CFR
60.4211(f)(3)(i), 60.4243(d)(3)(i) and
63.6640(f)(4)(ii) for operation for up to
50 hours per calendar year in nonemergency situations as part of a
financial arrangement with another
entity. The EPA is particularly seeking
comment on whether the criteria could
be more clearly defined to eliminate any
ambiguity regarding the situations
under which engines can operate and to
further limit the operation to situations
where the reliability of the local system
is threatened.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
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B. Paperwork Reduction Act
This action does not impose any new
information collection burden. The EPA
is not proposing any new information
collection activities (e.g., monitoring,
reporting, recordkeeping) as part of this
action. With this action, the EPA is
seeking additional comments on three
aspects of the final NESHAP and NSPS
for stationary RICE (78 FR 6674, January
30, 2013). The Office of Management
and Budget (OMB) has previously
approved the information collection
requirements contained in the existing
regulations 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 the EPA’s
regulations in 40 CFR are listed in 40
CFR part 9.
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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 impacts
of this action on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s 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
impacts of this action on small entities,
I certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This action will not impose any new
requirements. This action seeks
comment on three aspects of the final
NESHAP and NSPS for stationary RICE
without proposing any changes to the
rules. We continue to be interested in
the potential impacts of this action on
small entities and welcome comments
on issues related to such impacts.
D. Unfunded Mandates Reform Act
This action contains no federal
mandates under the provisions of Title
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14:09 Sep 04, 2013
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II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for state, local, or tribal
governments or the private sector. The
action imposes no enforceable duty on
any state, local or tribal governments or
the private sector. Therefore, this action
is not subject to the requirements of
sections 202 or 205 of the UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
action requests comment on three
aspects of the final NESHAP and NSPS
for stationary RICE without proposing
any changes to the rules.
E. Executive Order 13132: Federalism
This action 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. This action
seeks comment on three aspects of the
final NESHAP and NSPS for stationary
RICE without proposing any changes to
the rule. Thus, Executive Order 13132
does not apply to this action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This action 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.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The 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 Order has the potential to
influence the regulation. This action is
not subject to Executive Order 13045
because it is based solely on technology
performance and not on health or safety
risks.
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Frm 00018
Fmt 4702
Sfmt 4702
54611
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 (NTTAA) of 1995 (Pub. L. 104–113,
Section 12(d), 15 U.S.C. 272 note)
directs the EPA to use voluntary
consensus standards (VCS) in its
regulatory activities, unless to do so
would be inconsistent with applicable
law or otherwise impractical. The VCS
are technical standards (e.g., materials
specifications, test methods, sampling
procedures and business practices) that
are developed or adopted by VCS
bodies. The NTTAA directs the EPA to
provide Congress, through OMB,
explanations when the agency does not
use available and applicable VCS.
This action does not involve technical
standards. Therefore, the EPA did not
consider the use of any VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 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 EPA has determined that this
action will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This action seeks
comment on three aspects of the final
NESHAP and NSPS for stationary RICE
without proposing any changes to the
rule.
List of Subjects
40 CFR Part 60
Administrative practice and
procedure, Air pollution control,
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Proposed Rules
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR Part 63
Administrative practice and
procedure, Air pollution control,
Hazardous substances,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: August 29, 2013.
Gina McCarthy,
Administrator.
[FR Doc. 2013–21626 Filed 9–4–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 79
[MB Docket No. 11–154; DA 13–1785]
Closed Captioning of Internet ProtocolDelivered Video Programming:
Implementation of the Twenty-First
Century Communications and Video
Accessibility Act of 2010
Federal Communications
Commission.
ACTION: Proposed rule; extension of
comment and reply comment period.
AGENCY:
In this document, the
Commission extends the deadline for
filing comments and reply comments on
the Commission’s Further Notice of
Proposed Rulemaking (FNPRM) in this
proceeding, which was published in the
Federal Register on July 2, 2013. The
extension will allow consumers and
industry to engage in collaborative
dialogue on the issues raised in the
FNPRM and will facilitate the
development of a more complete record.
DATES: The comment and reply
comment period for the proposed rule
published July 2, 2013 (78 FR 39691) is
extended. Submit comments on or
before November 4, 2013, and submit
reply comments on or before December
4, 2013.
ADDRESSES: You may submit reply
comments, identified by MB Docket No.
11–154, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Electronic Comment
Filing System (ECFS) Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
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SUMMARY:
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filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432. For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of the Proposed Rule, 78 FR
39691.
FOR FURTHER INFORMATION CONTACT:
Maria Mullarkey, Maria.Mullarkey@
fcc.gov, of the Policy Division, Media
Bureau, (202) 418–2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order in
MB Docket No. 11–154, DA 13–1785,
adopted and released on August 20,
2013, which extends the comment and
reply comment filing deadlines
established in the FNPRM published
under FCC No. 13–84 at 78 FR 39691,
July 2, 2013. The full text of this
document is available for public
inspection and copying during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street SW., Room
CY–A257, Washington, DC 20554.
Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat. The complete
text may be purchased from the
Commission’s copy contractor, 445 12th
Street SW., Room CY–B402,
Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format), by
sending an email to fcc504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Background
1. On June 14, 2013, the Commission
released a Further Notice of Proposed
Rulemaking (FNPRM) in MB Docket No.
11–154. The FNPRM set deadlines for
filing comments and reply comments at
60 and 90 days, respectively, after
publication of the FNPRM in the
Federal Register. A summary of the
FNPRM was published in the Federal
Register on July 2, 2013. 78 FR 39691.
Accordingly, the filing dates were
established as September 3, 2013 for
comments and September 30, 2013 for
reply comments. On August 14, 2013,
Telecommunications for the Deaf and
Hard of Hearing, Inc. (TDI) et al.
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(collectively, Consumer Groups) filed a
request to extend the comment deadline
by 60 days and to extend the reply
comment deadline by 30 days thereafter.
Consumer Groups state that an
extension is warranted because it will
give consumers and consumer
electronics industry members time to
engage in a collaborative dialogue on
the issues raised in the FNPRM before
submitting comments and reply
comments, and it will enable Consumer
Groups to retain pro bono counsel to file
comments and reply comments on their
behalf. We grant the requested
extension.
2. As set forth in Section 1.46 of the
Commission’s Rules, 47 CFR 1.46(a), the
Commission’s policy is that extensions
of time for filing comments in
rulemaking proceedings shall not be
routinely granted. In the instant case,
however, we find that granting an
extension of the comment and reply
comment periods will serve the public
interest by allowing consumer and
industry representatives additional time
to engage in collaborative consideration
of the FNPRM issues and by facilitating
the development of a more complete
record. Further, given that the
Commission has temporarily extended
the deadline for compliance with the
closed captioning rules for DVD and
Blu-ray players and has not adopted
apparatus synchronization
requirements, we find that the request
for 60 additional days for filing
comments, with 30 days thereafter for
filing reply comments, would not
impose a burden on industry.
Ordering Clauses
Pursuant to Section 4(i) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and Sections
0.61, 0.283, and 1.46 of the
Commission’s rules, 47 CFR 0.61, 0.283,
and 1.46, the Motion for Extension of
Time filed by Telecommunications for
the Deaf and Hard of Hearing, Inc. et al.
is granted, the deadline to file
comments in this proceeding is
extended to November 4, 2013, and the
deadline to file reply comments in this
proceeding is extended to December 4,
2013.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2013–21648 Filed 9–4–13; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Proposed Rules]
[Pages 54606-54612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21626]
[[Page 54606]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2008-0708, FRL-9900-76-OA]
RIN 2060-AR90
National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines; New Source Performance
Standards for Stationary Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of reconsideration of final rule; request for public
comment.
-----------------------------------------------------------------------
SUMMARY: On January 30, 2013, the EPA finalized amendments to the
national emission standards for hazardous air pollutants for stationary
reciprocating internal combustion engines and the standards of
performance for stationary internal combustion engines. Subsequently,
the EPA received three petitions for reconsideration of the final rule.
The EPA is announcing reconsideration of and requesting public comment
on three issues raised in the petitions for reconsideration, as
detailed in the Supplementary Information section of this notice of
reconsideration. The EPA plans to issue a final decision on these
issues as expeditiously as possible. The EPA is seeking comment only on
the three issues. The EPA will not respond to any comments addressing
any other issues or any other provisions of the final rule or any other
rule. The EPA is not proposing any changes to its regulations in this
notice of reconsideration.
DATES: Comments. Comments must be received on or before November 4,
2013, or 30 days after date of public hearing if later.
Public Hearing. If anyone contacts us requesting to speak at a
public hearing by September 25, 2013, a public hearing will be held on
October 7, 2013. If you are interested in attending the public hearing,
contact Ms. Pamela Garrett at (919) 541-7966 to verify that a hearing
will be held.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0708, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460. Please include a total of two copies.
The EPA requests a separate copy also be sent to the contact person
identified below (see FOR FURTHER INFORMATION CONTACT).
Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, Room 3334, 1301 Constitution Avenue NW., Washington,
DC. Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0708. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
on-line at 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 www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov, your email 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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.
Public Hearing: If a public hearing is held, it will be held at the
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC or an alternate site nearby.
Docket: All documents in the docket are listed in the
www.regulations.gov index. The EPA also relies on documents in Docket
ID Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, EPA-HQ-OAR-2005-
0030, and EPA-HQ-OAR-2010-0295, 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 www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, 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
Air Docket 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;
email 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. General Information
A. What is the source of authority for the reconsideration
action?
B. What entities are potentially affected by the reconsideration
action?
C. What should I consider as I prepare my comments for the EPA?
II. Background
III. Discussion of the Issues Under Reconsideration
A. Timing for Compliance With the ULSD Fuel Requirement for
Emergency Engines
B. Timing and Required Information for the Reporting Requirement
for Emergency Engines
C. Criteria for Operation for up to 50 Hours per Year for Non-
Emergency Situations
IV. Solicitation of Public Comment and Participation
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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 Risks 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
[[Page 54607]]
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. What is the source of authority for the reconsideration action?
The statutory authority for this action is provided by sections 112
and 307(d)(7)(B) of the Clean Air Act (CAA) as amended (42 U.S.C. 7412
and 7607(d)(7)(B)).
B. What entities are potentially affected by the reconsideration
action?
Categories and entities potentially regulated by this action
include:
------------------------------------------------------------------------
Examples of regulated
Category NAICS \1\ entities
------------------------------------------------------------------------
Any industry using a stationary 2211 Electric power
reciprocating internal generation,
combustion engine. transmission, or
distribution.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.6585, 40 CFR
60.4200, and 40 CFR 60.4230. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
C. What should I consider as I prepare my comments for the EPA?
Submitting CBI. Do not submit this information to the EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI to only the following address: Ms. Melanie King,
c[sol]o OAQPS Document Control Officer (Room C404-02), U.S. EPA,
Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-
2008-0708.
Docket. The docket number for this notice of reconsideration is
Docket ID No. EPA-HQ-OAR-2008-0708.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this notice of reconsideration will be posted on
the WWW through the Technology Transfer Network Web site (TTN Web).
Following signature, the EPA will post a copy of this notice of
reconsideration on the TTN's policy and guidance page for newly
proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN
provides information and technology exchange in various areas of air
pollution control.
II. Background
On January 30, 2013, the EPA promulgated amendments to the national
emission standards for hazardous air pollutants (NESHAP) for stationary
reciprocating internal combustion engines (RICE) and the standards of
performance (``NSPS'') for stationary internal combustion engines (ICE)
(78 FR 6674). Following promulgation of the January 30, 2013, final
rule, the EPA received three petitions for reconsideration pursuant to
section 307(d)(7)(B) of the CAA. The EPA received a petition dated
March 29, 2013, from Calpine Corporation and PSEG Power LLC. The EPA
received a petition dated April 1, 2013, from the Delaware Department
of Natural Resources and Environmental Control (DE DNREC). Finally, the
EPA received a petition dated April 1, 2013, from Clean Air Council,
Citizens for Pennsylvania's Future, Conservation Law Foundation,
Environmental Defense Fund, Natural Resources Defense Council, Pace
Energy and Climate Center, Sierra Club and West Harlem Environmental
Action, Inc. (Clean Air Council et al.). The petitions are available
for review in the rulemaking docket, see document numbers EPA-HQ-OAR-
2008-0708-1505, EPA-HQ-OAR-2008-0708-1506 and EPA-HQ-OAR-2008-0708-
1507. On June 28, 2013, the EPA issued letters to the petitioners
granting reconsideration on three specific issues raised in the
petitions for reconsideration and indicating that the agency would
issue a Federal Register notice regarding the reconsideration process.
This action requests comment on the three issues for which the EPA
granted reconsideration.
III. Discussion of the Issues Under Reconsideration
The EPA finalized the NESHAP for several subcategories of existing
stationary RICE on March 3, 2010, (75 FR 9648) and August 20, 2010 (75
FR 51570). The EPA received petitions for reconsideration and judicial
review of the 2010 RICE NESHAP rulemakings. The EPA finalized
amendments to the RICE NESHAP on January 30, 2013, (78 FR 6674) to
address certain issues raised in the petitions for reconsideration and
judicial review of the 2010 RICE NESHAP, and also revised the NSPS for
stationary ICE for consistency with the RICE NESHAP.
The January 30, 2013, amendments established, among other things,
fuel and reporting requirements for certain emergency engines used for
emergency demand response and system reliability. The amendments also
established conditions under which emergency engines could be used for
up to 50 hours per calendar year in situations where the engine is
dispatched by the local transmission and distribution system operator
to mitigate local transmission and/or distribution limitations so as to
avert potential voltage collapse or line overload that could lead to
the interruption of power supply in a local area or region. The EPA
received petitions for reconsideration of certain aspects of these
requirements, and granted reconsideration of the following three issues
to provide an additional opportunity for public comment:
Timing for compliance with the ultra low sulfur diesel
(ULSD) fuel requirement for emergency compression ignition (CI) engines
that operate or are contractually obligated to be available for more
than 15 hours per calendar year for the purposes specified in 40 CFR
63.6640(f)(2)(ii) and (iii) (emergency demand response and deviations
of voltage or frequency of 5 percent or more), or that operate for the
purpose specified in 40 CFR 63.6640(f)(4)(ii) (local system
reliability).
[[Page 54608]]
Timing and required information for the reporting
requirement for emergency engines that operate or are contractually
obligated to be available for more than 15 hours per calendar year for
the purposes specified in 40 CFR 63.6640(f)(2)(ii) and (iii), or that
operate for the purpose specified in 40 CFR 63.6640(f)(4)(ii), and the
timing and required information for the analogous reporting requirement
in the ICE NSPS.
Conditions in 40 CFR 60.4211(f)(3)(i), 60.4243(d)(3)(i)
and 63.6640(f)(4)(ii) for operation for up to 50 hours per calendar
year in non-emergency situations as part of a financial arrangement
with another entity.
These issues are discussed in more detail in the following sections.
A. Timing for Compliance With the ULSD Fuel Requirement for Emergency
Engines
The January 30, 2013, final rule included provisions that require
existing stationary emergency CI RICE with a site rating of more than
100 brake horsepower (HP) and a displacement of less than 30 liters per
cylinder that operate or are contractually obligated to be available
for more than 15 hours per year (up to a maximum of 100 hours per year)
for the purposes specified in 40 CFR 63.6640(f)(2)(ii) and (iii)
(emergency demand response and deviations of voltage or frequency of 5
percent or more), or that operate for the purpose specified in 40 CFR
63.6640(f)(4)(ii) (local system reliability), to use diesel fuel
meeting the specifications of 40 CFR 80.510(b) beginning January 1,
2015, except that any existing diesel fuel purchased (or otherwise
obtained) prior to January 1, 2015, may be used until depleted. The
specifications of 40 CFR 80.510(b) require that diesel fuel have a
maximum sulfur content of 15 parts per million and either a minimum
cetane index of 40 or a maximum aromatic content of 35 volume percent;
this fuel is referred to as ULSD fuel. The EPA included the ULSD fuel
requirement in the final rule in response to public comments expressing
concerns about the emissions from emergency engines. As indicated in
the January 30, 2013, final rule, the EPA believes that requiring
cleaner fuel for these stationary emergency CI engines will
significantly limit or reduce the emissions of regulated air pollutants
emitted from these engines, further protecting public health and the
environment. Information provided to the EPA by commenters \1\ showed
that the use of ULSD will significantly reduce emissions of air toxics,
including metallic hazardous air pollutants (HAP) (e.g., nickel, zinc,
lead) and benzene.
---------------------------------------------------------------------------
\1\ See document number EPA-HQ-OAR-2008-0708-1459 in the
rulemaking docket.
---------------------------------------------------------------------------
The EPA added this fuel requirement beginning in January 2015,
rather than upon initial implementation of the NESHAP for existing CI
engines in May 2013, to provide sources with appropriate lead time to
institute these new requirements and make any physical adjustments to
engines (including fuel seals) and other facilities like tanks or other
containment structures, as well as any needed adjustments to contracts
and other business activities, that may be necessitated by these new
requirements. If these sources had been required to comply with the
ULSD fuel requirement by their May 3, 2013, initial compliance date,
they would have had only three months of lead time between promulgation
and compliance. Although the EPA does not have information specifying
the percentage of existing stationary emergency CI engines currently
using residual fuel oil or non-ULSD distillate fuel, the most recent
U.S. Energy Information Administration data available for sales of
distillate and residual fuel oil to end users \2\ show that significant
amounts of non-ULSD are still being purchased by end users that
typically operate stationary combustion sources, including stationary
emergency CI engines. For the reasons indicated above, the EPA
determined that additional lead time was warranted for these engines.
---------------------------------------------------------------------------
\2\ U.S. Energy Information Administration. Distillate Fuel Oil
and Kerosene Sales by End Use. Available at https://www.eia.gov/dnav/pet/pet_cons_821use_dcu_nus_a.htm.
---------------------------------------------------------------------------
The petitions for reconsideration from the DE DNREC and Clean Air
Council et al. requested that the requirement to use ULSD fuel for
certain emergency engines take effect beginning on the May 3, 2013,
compliance date. The DE DNREC indicated in the petition that ULSD is
already widely available and is likely the only diesel fuel available
in most areas. The petition for reconsideration from Clean Air Council
et al. disagreed with the EPA that significant lead time is needed for
facilities to come into compliance with the ULSD fuel requirement and
indicated that the EPA had offered no evidence that adjustments would
be necessary to operate engines on ULSD.
The EPA does not agree with the petitioners that there was no
evidence in the record that adjustments may be necessary. According to
the memo in the rulemaking docket titled, ``Summary of Ultra Low Sulfur
Diesel Issues with Stationary Internal Combustion Engines'' (document
number EPA-HQ-OAR-2008-0708-0003), experience with the transition to
ULSD for mobile CI engines showed that differences in the aromatic
content of ULSD may require replacement of gaskets and seals to prevent
fuel system leaks. Also, as discussed previously, information from the
Energy Information Administration indicated that a significant
percentage of diesel fuel being purchased is not ULSD. Thus, the record
does reflect that significant lead time is necessary for facilities to
come into compliance with the ULSD requirement.
In addition, because the EPA included the requirement to use ULSD
in the final rule in response to comments, the EPA believed it was
appropriate to provide regulated parties sufficient time to conform to
it, and the EPA did not believe that the 3 months advocated by
petitioners was appropriate given the record information described
above. Therefore, the EPA does not at this time agree that delaying the
start of the ULSD fuel requirement until 2015 is inappropriate.
However, in consideration of the fact that the public lacked the
opportunity to comment on the timing of the ULSD fuel requirement, the
EPA has granted reconsideration to provide an opportunity for public
comment on the timing for compliance with the ULSD fuel requirement for
emergency CI engines that operate or are contractually obligated to be
available for more than 15 hours per calendar year for the purposes
specified in 40 CFR 63.6640(f)(2)(ii) and (iii) (emergency demand
response and deviations of voltage or frequency of 5 percent or more),
or that operate for the purpose specified in 40 CFR 63.6640(f)(4)(ii)
(local system reliability). The EPA specifically solicits comment on
whether it would be reasonable to implement the requirement to use ULSD
fuel earlier than January 1, 2015. The EPA requests comment on whether
the use of ULSD is already widespread and whether facilities will need
to make any physical adjustments to engines (including fuel seals) and
other facilities like tanks or other containment structures, as well as
any needed adjustments to contracts and other business activities, to
comply with these new requirements.
B. Timing and Required Information for the Reporting Requirement for
Emergency Engines
The January 30, 2013, final rule added a new provision to the RICE
NESHAP that requires stationary emergency RICE
[[Page 54609]]
with a site rating of more than 100 brake HP and a displacement of less
than 30 liters per cylinder that operate or are contractually obligated
to be available for more than 15 hours per year (up to a maximum of 100
hours per year) for the purposes specified in 40 CFR 63.6640(f)(2)(ii)
and (iii) (emergency demand response and deviations of voltage or
frequency of 5 percent or more), or that operate for the purpose
specified in 40 CFR 63.6640(f)(4)(ii) (local system reliability), to
report the following information annually to the EPA, beginning with
operation during the 2015 calendar year:
Company name and address where the engine is located.
Date of the report and beginning and ending dates of the
reporting period.
Engine site rating and model year.
Latitude and longitude of the engine in decimal degrees
reported to the fifth decimal place.
Hours operated for emergency demand response and
deviations of voltage or frequency of 5 percent or greater below
standard, including the date, start time, and end time for engine
operation for those purposes.
Number of hours the engine is contractually obligated to
be available for emergency demand response and deviations of voltage or
frequency of 5 percent or greater below standard.
Hours spent for operation for local system reliability,
including the date, start time and end time for engine operation for
that purpose, the entity that dispatched the engine and the situation
that necessitated the dispatch of the engine.
If there were no deviations from the fuel requirements (if
any) that apply to the engine, a statement that there were no
deviations from the fuel requirements during the reporting period.
If there were deviations from the fuel requirements that
apply to the engine (if any), information on the number, duration, and
cause of deviations, and the corrective action taken.
A similar reporting requirement was also added to the ICE NSPS. This
information is necessary to determine whether these engines are
operating in compliance with the regulations and will assist the EPA
and other interested stakeholders in assessing the impacts of the
emissions from these engines. We included this reporting requirement in
the final rule in response to public comments expressing concerns about
the impacts of emissions from emergency engines. The EPA specified in
the final rule that the first report must cover the calendar year 2015
and must be submitted no later than March 31, 2016. Subsequent annual
reports for each calendar year must be submitted no later than March 31
of the following calendar year. The EPA did not require reporting of
operation prior to 2015 for two reasons: (1) To give the EPA time to
develop the electronic reporting tool that facilities will use to
submit this information and stakeholders will use to view the submitted
information; and (2) to give facilities sufficient lead time to
institute the necessary infrastructure to record and compile the
information so that it can be submitted electronically to the EPA in
the correct format. The petition for reconsideration from Clean Air
Council et al. requested that the reporting requirement begin with the
2013 calendar year, with the first report due in early 2014.
Alternatively, Clean Air Council et al. requested that if the first
report is not submitted until 2016, the report should include
information on operation in 2013 and 2014, in addition to the
information for 2015 that is already required. The petitioners also
requested that the report include the type and amount of diesel fuel
used in the engine. The petitioners indicated that collecting this
information would enhance the EPA's ability to assess the health
impacts of the emissions from the engines.
The EPA does not believe the petitioners have provided sufficient
justification for the revisions in lead time provided in their request,
and the EPA continues to believe that a lead time until the 2015
calendar year is appropriate, for the reasons stated above. The EPA
also does not agree with the petitioners that the report should include
the type and amount of diesel fuel used in the engine, because of the
burden that would place on affected facilities. The sulfur content of
the fuel in the tanks would be changing over time as the existing
higher sulfur fuel is replaced with ULSD, and a facility would have to
periodically sample its fuel tanks in order to determine the current
sulfur content of the fuel. Facilities may need to install equipment
such as fuel flow meters in order to determine the amount of diesel
fuel used in their engines.
However, in consideration of the fact that the public lacked the
opportunity to comment on the timing and required information for the
reporting requirement, the EPA has granted reconsideration to provide
an opportunity for public comment on the timing and required
information for the reporting requirement for emergency engines that
operate or are contractually obligated to be available for more than 15
hours per calendar year for the purposes specified in 40 CFR
63.6640(f)(2)(ii) and (iii), or that operate for the purpose specified
in 40 CFR 63.6640(f)(4)(ii). The EPA requests comment on whether owners
and operators of these engines should be required to report operation
for the period between the compliance date and January 2015, and when
it would be reasonable to submit the report. The EPA also solicits
comment on whether the rule should require reporting of the amount and
type of diesel fuel used in the engine. The EPA requests information on
whether such a requirement would place an unreasonable burden on
affected facilities.
C. Criteria for Operation for Up to 50 Hours per Year for Non-Emergency
Situations
The proposed amendments to the RICE NESHAP and ICE NSPS (June 7,
2012; 77 FR 33812) specified two situations under which emergency
engines could be used for up to 100 hours per calendar year in non-
emergency situations as part of a financial arrangement with another
entity. The EPA proposed that owners and operators of stationary
emergency engines could operate the engines when the Reliability
Coordinator has declared an Energy Emergency Alert (EEA) Level 2 as
defined in the North American Electric Reliability Corporation (NERC)
Reliability Standard EOP-002-3, Capacity and Energy Emergencies, or
during periods where there is a deviation of voltage or frequency of 5
percent or more below standard voltage or frequency. Public commenters
indicated that the proposed EEA Level 2 and 5 percent voltage or
frequency deviation triggers did not account for situations when the
local balancing authority or transmission operator for the local
electric system has determined that electric reliability is in
jeopardy, and recommended that the EPA include additional situations
where the local transmission and distribution system operator has
determined that there are conditions that could lead to a blackout for
the local area. The comments indicated that rural distribution lines
are not configured in a typical grid pattern, but instead have
distribution lines that can run well over 50 miles from a substation
and regularly extend 15 miles or longer. During periods of
exceptionally heavy stress within the region or sub-region, electricity
from regional power generators may not be available because of
transmission constraints, according to the
[[Page 54610]]
commenter. The comments indicated that in many cases, there may be only
one transmission line that feeds the rural distribution system, and no
alternative means to transmit power into the local system. In response
to those comments and in recognition of the unique challenges faced by
the local transmission and distribution system operators in rural
areas, the revisions to the RICE NESHAP and ICE NSPS finalized on
January 30, 2013, specified limited circumstances under which
stationary emergency engines located at area sources of HAP could
operate for up to 50 hours per year in non-emergency situations as part
of a financial arrangement with another entity. The final amendments
specified that up to 50 hours per calendar year can be used for non-
emergency situations to supply power as part of a financial arrangement
with another entity if all of the following conditions are met:
The engine is located at an area source of HAP;
the engine is dispatched by the local balancing authority
or local transmission and distribution system operator;
the dispatch is intended to mitigate local transmission
and/or distribution limitations so as to avert potential voltage
collapse or line overloads that could lead to the interruption of power
supply in a local area or region;
the dispatch follows reliability, emergency operation or
similar protocols that follow specific NERC, regional, state, public
utility commission or local standards or guidelines;
the power is provided only to the facility itself or to
support the local transmission and distribution system; and
the owner or operator identifies and records the entity
that dispatches the engine and the specific NERC, regional, state,
public utility commission or local standards or guidelines that are
being followed for dispatching the engine.
The EPA added these provisions to the final RICE NESHAP and ICE NSPS in
response to public comments on situations where the local transmission
and distribution system operator has determined that there are
conditions that could lead to a blackout for the local area where the
ready availability of emergency engines is critical to system
reliability.
The petitions for reconsideration from Clean Air Council et al. and
from Calpine and PSEG expressed concern that the conditions specified
in the final rule for operation in non-emergency situations to supply
power as part of a financial arrangement with another entity were too
indistinct and expansive and would be difficult to enforce, which could
lead to engines operating when there is no discernible threat to the
grid. The petition from Calpine and PSEG expressed concern that the
final rule did not provide any guidance for determining whether the
dispatch of an engine is intended to mitigate local transmission and/or
distribution limitations so as to avert potential voltage collapse or
line overloads that could lead to the interruption of power supply in a
local area or region. The petition from Clean Air Council et al.
recommended that the EPA more clearly delineate the situations under
which the engines could run to ensure that the engines are only
dispatched during genuine grid emergencies, while still allowing local
grid operators to address legitimate reliability concerns. The
petitions did not provide suggestions as to what criteria the
petitioners believe would be appropriate.
Due to the public's inability to comment on this issue, the EPA has
granted reconsideration of the conditions in 40 CFR 60.4211(f)(3)(i),
60.4243(d)(3)(i) and 63.6640(f)(4)(ii) for operation for up to 50 hours
per calendar year in non-emergency situations as part of a financial
arrangement with another entity, as well as the corresponding
provisions in the ICE NSPS. The EPA welcomes comments on these
provisions, including whether the provisions are necessary or
appropriate and also whether the specific provisions delineating the
situations where such use is permitted are appropriate as finalized or
should be revised. If a commenter suggests revisions to the provisions,
the commenter should provide detailed information supporting any such
revision.
IV. Solicitation of Public Comment and Participation
The EPA seeks full public participation in arriving at its final
decisions. At this time, the EPA is not proposing any specific
revisions to the final RICE NESHAP or the ICE NSPS. However, the EPA
requests public comment on the three issues under reconsideration. The
EPA is seeking comment only on the three issues. The EPA will not
respond to any comments addressing any other issues or any other
provisions of the final rule or any other rule.
Specifically, the EPA requests comment on the timing for compliance
with the ULSD fuel requirement for existing emergency CI engines that
operate or are contractually obligated to be available for more than 15
hours per calendar year for the purposes specified in 40 CFR
63.6640(f)(2)(ii) and (iii) (emergency demand response and deviations
of voltage or frequency of 5 percent or more, or that operate for the
purpose specified in 40 CFR 63.6640(f)(4)(ii) (local system
reliability). The EPA requests comment on whether affected engines
should be required to comply with the ULSD fuel requirement earlier
than January 1, 2015. In particular, the EPA invites comment on whether
the lead time for a January 15, 2015, implementation date is
unreasonably long, or conversely, if the lead time for an
implementation date prior to January 1, 2015, would be unreasonably
short.
The EPA requests comment on the timing and required information for
the reporting requirement for emergency engines that operate or are
contractually obligated to be available for more than 15 hours per
calendar year for the purposes specified in 40 CFR 63.6640(f)(2)(ii)
and (iii), or that operate for the purpose specified in 40 CFR
63.6640(f)(4)(ii), and the timing and required information for the
analogous reporting requirement in the ICE NSPS. The EPA requests
comment on whether the reporting should begin with operation in the
2015 calendar year, and whether the rule should require reporting of
the amount and type of diesel fuel used in the engine.
Finally, the EPA requests comment on the conditions in 40 CFR
60.4211(f)(3)(i), 60.4243(d)(3)(i) and 63.6640(f)(4)(ii) for operation
for up to 50 hours per calendar year in non-emergency situations as
part of a financial arrangement with another entity. The EPA is
particularly seeking comment on whether the criteria could be more
clearly defined to eliminate any ambiguity regarding the situations
under which engines can operate and to further limit the operation to
situations where the reliability of the local system is threatened.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
[[Page 54611]]
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The EPA is not proposing any new information collection activities
(e.g., monitoring, reporting, recordkeeping) as part of this action.
With this action, the EPA is seeking additional comments on three
aspects of the final NESHAP and NSPS for stationary RICE (78 FR 6674,
January 30, 2013). The Office of Management and Budget (OMB) has
previously approved the information collection requirements contained
in the existing regulations 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 the 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 impacts of this action on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's 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 impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
will not impose any new requirements. This action seeks comment on
three aspects of the final NESHAP and NSPS for stationary RICE without
proposing any changes to the rules. We continue to be interested in the
potential impacts of this action on small entities and welcome comments
on issues related to such impacts.
D. Unfunded Mandates Reform Act
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any state, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action
requests comment on three aspects of the final NESHAP and NSPS for
stationary RICE without proposing any changes to the rules.
E. Executive Order 13132: Federalism
This action 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. This action seeks comment on three
aspects of the final NESHAP and NSPS for stationary RICE without
proposing any changes to the rule. Thus, Executive Order 13132 does not
apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action 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.
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The 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 Order has the potential to influence the regulation. This action is
not subject to Executive Order 13045 because it is based solely on
technology performance and not on health or safety risks.
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 (NTTAA) of 1995 (Pub. L. 104-113, Section 12(d), 15 U.S.C. 272
note) directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by VCS
bodies. The NTTAA directs the EPA to provide Congress, through OMB,
explanations when the agency does not use available and applicable VCS.
This action does not involve technical standards. Therefore, the
EPA did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 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 EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action seeks comment on three aspects of the final
NESHAP and NSPS for stationary RICE without proposing any changes to
the rule.
List of Subjects
40 CFR Part 60
Administrative practice and procedure, Air pollution control,
[[Page 54612]]
Intergovernmental relations, Reporting and recordkeeping requirements.
40 CFR Part 63
Administrative practice and procedure, Air pollution control,
Hazardous substances, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: August 29, 2013.
Gina McCarthy,
Administrator.
[FR Doc. 2013-21626 Filed 9-4-13; 8:45 am]
BILLING CODE 6560-50-P
