National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines; Court Vacatur, 48603-48608 [2022-17060]
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48603
Rules and Regulations
Federal Register
Vol. 87, No. 153
Wednesday, August 10, 2022
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 63
[EPA–HQ–OAR–2008–0708; FRL–5300.3–
01–OAR]
RIN 2060–AV76
National Emission Standards for
Hazardous Air Pollutants for
Reciprocating Internal Combustion
Engines; New Source Performance
Standards for Stationary Internal
Combustion Engines; Court Vacatur
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is amending the Code of
Federal Regulations (CFR) to reflect a
2015 court decision regarding the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Stationary Reciprocating Internal
Combustion Engines (RICE) and the
New Source Performance Standards
(NSPS) for Stationary Internal
Combustion Engines (ICE). The court
vacated provisions in the regulations
specifying that emergency engines could
operate for emergency demand response
or during periods where there is a
deviation of voltage or frequency. This
ministerial rule revises the RICE
NESHAP and ICE NSPS to conform to
the court’s decision.
DATES: This final rule is effective on
August 10, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2008–0708. All
documents in the docket are listed in
https://www.regulations.gov/. Although
listed, some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
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For
questions about this action, contact
Melanie King, Sector Policies and
Programs Division (D243–01), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
2469; and email address: king.melanie@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
AGENCY:
SUMMARY:
available only in hard copy form. With
the exception of such material, publicly
available docket materials are available
electronically in https://
www.regulations.gov/ or in hard copy at
the EPA Docket Center, Room 3334,
WJC West Building, 1301 Constitution
Avenue 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 EPA
Docket Center is (202) 566–1742. For
further information and updates on EPA
Docket Center services and current
status, please visit us online at https://
www.epa.gov/dockets/.
SUPPLEMENTARY INFORMATION:
Organization of this document. The
information in this preamble is
organized as follows:
I. Why is the EPA issuing this final rule?
II. Background
III. Which provisions are being amended?
IV. 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 (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
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 (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
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I. Why is the EPA issuing this final
rule?
This action amends the CFR to reflect
the 2015 court decision in Delaware
Department of Natural Resources and
Environmental Control v. EPA, 785 F.3d
1 (D.C. Cir. 2015) as amended (July 21,
2015), vacating 40 CFR 60.4211(f)(2)(ii)
and (iii), 60.4243(d)(2)(ii) and (iii), and
63.6640(f)(2)(ii) and (iii). Section 553 of
the Administrative Procedure Act, 5
U.S.C. 553(b)(3)(B) provides that, when
an agency for good cause finds that
notice and public procedures are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
The EPA has determined that there is
good cause for amending these
provisions without prior proposal and
opportunity for public procedures
because the correction of the CFR is a
ministerial act to effectuate the court
order and public notice and comment is
unnecessary and would serve no useful
purpose. Removal of the vacated
paragraphs in the RICE NESHAP (40
CFR part 63 subpart ZZZZ) at
63.6640(f)(2)(ii) and (iii), the
Compression Ignition (CI) ICE NSPS (40
CFR part 60 subpart IIII) at 40 CFR
60.4211(f)(2)(ii) and (iii), and the Spark
Ignition (SI) ICE NSPS (40 CFR part 60
subpart JJJJ) at 60.4243(d)(2)(ii) and (iii)
has no legal effect beyond fulfilling the
court’s vacatur in Delaware v. EPA and
is ministerial in nature. The court
issued the mandate for its decision on
May 4, 2016, at which point the vacatur
became effective.
II. Background
The RICE NESHAP and ICE NSPS
include a subcategory for emergency
engines and specify that to be classified
as an emergency engine, an engine must
meet certain limitations on its hours of
operation in non-emergency situations.
The existing regulations provide that
hours of operation in non-emergency
situations are limited to 100 hours per
year and only allowed for specific
purposes. On January 30, 2013, the EPA
finalized amendments to the RICE
NESHAP and ICE NSPS specifying that
the non-emergency situations in which
emergency engines could be operated
included (1) for emergency demand
response during periods in which the
Reliability Coordinator under the North
American Electric Reliability
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Corporation (NERC) Reliability Standard
EOP–002–3, Capacity and Energy
Emergencies, or other authorized entity
as determined by the Reliability
Coordinator, has declared an Energy
Emergency Alert Level 2 as defined in
the NERC Reliability Standard EOP–
002–3 and (2) periods where there is a
deviation of voltage or frequency of 5
percent or greater below standard
voltage or frequency. 78 FR 6674,
January 30, 2013. The state of Delaware
and other industry and environmental
groups filed petitions seeking judicial
review of the provisions specifying that
emergency engines could operate for
emergency demand response and during
voltage or frequency deviations. In
response to these petitions, the U.S.
Court of Appeals for the District of
Columbia Circuit vacated those
provisions in the RICE NESHAP and ICE
NSPS in 2015. The court held that the
EPA acted arbitrarily and capriciously
when it modified the RICE NESHAP and
ICE NSPS to specify that emergency
engines could operate for up to 100
hours per year for emergency demand
response. The court granted the EPA’s
motion to stay issuance of its mandate
until May 2016 to allow engine owners
to take the necessary measures to bring
their engines into compliance with the
regulations. Upon issuance of the
court’s mandate, the vacated provisions
ceased to have any legal effect, and
engines that were operating for any
number of hours per year for the
circumstances described in the vacated
provisions were required to cease
operation under such circumstances or
comply with the emission standards and
other applicable requirements for nonemergency engines. The EPA issued a
guidance memorandum explaining the
effect of the vacatur 1 and is now
amending the RICE NESHAP and ICE
NSPS to reflect the court decision.
III. Which provisions are being
amended?
This final rule amends the RICE
NESHAP by removing paragraphs 40
CFR 63.6640(f)(2)(ii) and (iii), the CI ICE
NSPS by removing paragraphs 40 CFR
60.4211(f)(2)(ii) and (iii), and the SI ICE
NSPS by removing paragraphs 40 CFR
60.4243(d)(2)(ii) and (iii), all of which
were vacated by the Delaware v. EPA
decision. The removal of the vacated
paragraphs also necessitates revisions to
other paragraphs in the ICE NSPS and
1 Guidance
on Vacatur of RICE NESHAP and
NSPS Provisions for Emergency Engines. Peter
Tsirigotis, OAQPS to EPA Regional Air
Enforcement Managers and Regional Air Directors.
April 15, 2016. https://www.epa.gov/sites/default/
files/2016-06/documents/ricevacaturguidance
041516.pdf.
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RICE NESHAP that contained references
to the vacated paragraphs or referenced
operation of engines categorized as
emergency engines for the purpose of
emergency demand response, which can
no longer occur due to the vacatur. A
list of these revisions is provided below.
• 40 CFR 60.4211(f): Remove
‘‘emergency demand response’’ from the
paragraph (f) introductory text and the
paragraph (f)(3) introductory text since
operation for emergency demand
response is no longer allowed for
emergency engines; remove reference to
the vacated paragraphs (f)(2)(ii) and (iii)
from the paragraph (f)(2) introductory
text.
• 40 CFR 60.4214(d): Remove the
reference in the paragraph (d)
introductory text to operating for the
purposes specified in the vacated
paragraphs 40 CFR 60.4211(f)(2)(ii) and
(iii); remove paragraphs (v) and (vi)
which required reporting of operation
and contractual obligation for the
purposes specified in the vacated
paragraphs.
• 40 CFR 60.4219: Revise definition
for ‘‘emergency stationary internal
combustion engine’’ to remove reference
to the vacated paragraphs 40 CFR
60.4211(f)(2)(ii) and (iii) in paragraph
(3) of the definition.
• 40 CFR 60.4243(d): Remove
‘‘emergency demand response’’ from the
paragraph (d) introductory text and the
paragraph (d)(3) introductory text since
operation for emergency demand
response is no longer allowed for
emergency engines; remove reference to
the vacated paragraphs (d)(2)(ii) and (iii)
from the paragraph (d)(2) introductory
text.
• 40 CFR 60.4245(e): Remove the
reference in the paragraph (e)
introductory text to operating for the
purposes specified in the vacated
paragraphs 40 CFR 60.4243(d)(2)(ii) and
(iii); remove paragraphs (v) and (vi)
which required reporting of operation
and contractual obligation for the
purposes specified in the vacated
paragraphs.
• 40 CFR 60.4248: Revise definition
for ‘‘emergency stationary internal
combustion engine’’ to remove reference
to the vacated paragraphs 40 CFR
60.4243(d)(2)(ii) and (iii) in paragraph
(3) of the definition.
• 40 CFR 63.6585: Remove reference
to operation and contractual obligation
for the purposes specified in the vacated
paragraphs 40 CFR 63.6640(f)(2)(ii) and
(iii).
• 40 CFR 63.6590: Remove references
in paragraphs (b)(1)(i) and (b)(3)(iii) to
operation and contractual obligation for
the purposes specified in the vacated
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paragraphs 40 CFR 63.6640(f)(2)(ii) and
(iii).
• 40 CFR 63.6604: Remove reference
in paragraph (b) to operation and
contractual obligation for the purposes
specified in the vacated paragraphs 40
CFR 63.6640(f)(2)(ii) and (iii); remove
paragraph (c) since it only applied to an
emergency engine that operates or is
contractually obligated to be available
for the purposes specified in the vacated
paragraphs 40 CFR 63.6640(f)(2)(ii) and
(iii) and there would no longer be any
emergency engines meeting that criteria
since operation for those purposes is no
longer allowed for emergency engines.
• 40 CFR 63.6640: Remove
‘‘emergency demand response’’ from the
paragraph (f) introductory text, the
paragraph (f)(3) introductory text, and
the paragraph (f)(4) introductory text
since operation for emergency demand
response is no longer allowed for
emergency engines; remove reference to
the vacated paragraphs (f)(2)(ii) and (iii)
from the paragraph (f)(2) introductory
text.
• 40 CFR 63.6650: Remove the
reference in the paragraph (h)
introductory text to operating for the
purposes specified in the vacated
paragraphs 40 CFR 63.6640(f)(2)(ii) and
(iii); remove paragraphs (v) and (vi)
which required reporting of operation
and contractual obligation for the
purposes specified in the vacated
paragraphs.
• 40 CFR 63.6655: Remove reference
in paragraph (f) to the vacated
paragraphs 40 CFR 63.6640(f)(2)(ii) and
(iii).
• 40 CFR 63.6675: Revise definition
for ‘‘emergency stationary RICE’’ to
remove reference to the vacated
paragraphs 40 CFR 63.6640(f)(2)(ii) and
(iii) in paragraph (3) of the definition.
• Table 7 to subpart ZZZZ: Remove
reference in item 4 to operating for the
purposes specified in the vacated
paragraphs 40 CFR 63.6640(f)(2)(ii) and
(iii).
As explained above, removal of these
provisions corrects the CFR to conform
to the court’s decision in Delaware v.
EPA and is ministerial in nature and
neither imposes or removes any new
requirements.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
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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 and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, EPA concludes that the
impact of concern for this rule is any
significant adverse economic impact on
small entities and that the agency is
certifying that this rule will not have a
significant economic impact on a
substantial number of small entities
because the rule has no net burden on
the small entities subject to the rule.
This action is ministerial in nature as it
codifies a court-issued mandate vacating
regulatory provisions. We have therefore
concluded that this action will have no
net regulatory burden for all directly
regulated small entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538. The action
imposes no enforceable duty on any
state, local, or tribal governments or the
private sector.
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.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications as specified in Executive
Order 13175. This action presents no
additional burden on implementing
authorities beyond existing
requirements. Thus, Executive Order
13175 does not apply to this action.
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This
regulatory action is ministerial in nature
as it codifies a court issued mandate
vacating regulatory provisions and does
not have any impact on human health
or the environment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary, or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
in section I of this preamble, including
the basis for that finding.
List of Subjects
40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Reporting and
recordkeeping requirements.
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48605
40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Reporting and
recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons set forth in the
preamble, 40 CFR parts 60 and 63 are
amended as follows:
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq. 42 U.S.C.
7401–7601.
Subpart IIII—Standards of Performance
for Stationary Compression Ignition
Internal Combustion Engines
2. In § 60.4211:
a. Revise paragraphs (f) introductory
text and (f)(2) introductory text;
■ b. Remove and reserve paragraphs
(f)(2)(ii) and (iii); and
■ c. Revise paragraph (f)(3) introductory
text.
The revisions read as follows:
■
■
§ 60.4211 What are my compliance
requirements if I am an owner or operator
of a stationary CI internal combustion
engine?
*
*
*
*
*
(f) If you own or operate an
emergency stationary ICE, you must
operate the emergency stationary ICE
according to the requirements in
paragraphs (f)(1) through (3) of this
section. In order for the engine to be
considered an emergency stationary ICE
under this subpart, any operation other
than emergency operation, maintenance
and testing, and operation in nonemergency situations for 50 hours per
year, as described in paragraphs (f)(1)
through (3), is prohibited. If you do not
operate the engine according to the
requirements in paragraphs (f)(1)
through (3), the engine will not be
considered an emergency engine under
this subpart and must meet all
requirements for non-emergency
engines.
*
*
*
*
*
(2) You may operate your emergency
stationary ICE for the purpose specified
in paragraph (f)(2)(i) of this section for
a maximum of 100 hours per calendar
year. Any operation for non-emergency
situations as allowed by paragraph (f)(3)
of this section counts as part of the 100
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hours per calendar year allowed by this
paragraph (f)(2).
*
*
*
*
*
(3) Emergency stationary ICE may be
operated for up to 50 hours per calendar
year in non-emergency situations. The
50 hours of operation in non-emergency
situations are counted as part of the 100
hours per calendar year for maintenance
and testing provided in paragraph (f)(2)
of this section. Except as provided in
paragraph (f)(3)(i) of this section, the 50
hours per calendar year for nonemergency situations cannot be used for
peak shaving or non-emergency demand
response, or to generate income for a
facility to an electric grid or otherwise
supply power as part of a financial
arrangement with another entity.
*
*
*
*
*
■ 3. Section 60.4214 is amended by
revising paragraph (d) introductory text
and removing and reserving paragraphs
(d)(1)(v) and (vi).
The revision reads as follows:
§ 60.4214 What are my notification,
reporting, and recordkeeping requirements
if I am an owner or operator of a stationary
CI internal combustion engine?
*
*
*
*
(d) If you own or operate an
emergency stationary CI ICE with a
maximum engine power more than 100
HP that operates for the purpose
specified in § 60.4211(f)(3)(i), you must
submit an annual report according to
the requirements in paragraphs (d)(1)
through (3) of this section.
*
*
*
*
*
■ 4. Section 60.4219 is amended by
revising the definition ‘‘Emergency
stationary internal combustion engine’’
to read as follows:
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*
portions of a facility) when electric
power from the local utility (or the
normal power source, if the facility runs
on its own power production) is
interrupted, or stationary ICE used to
pump water in the case of fire or flood,
etc.
(2) The stationary ICE is operated
under limited circumstances for
situations not included in paragraph (1)
of this definition, as specified in
§ 60.4211(f).
(3) The stationary ICE operates as part
of a financial arrangement with another
entity in situations not included in
paragraph (1) of this definition only as
allowed in § 60.4211(f)(3)(i).
*
*
*
*
*
Subpart JJJJ—Standards of
Performance for Stationary Spark
Ignition Internal Combustion Engines
5. In § 60.4243:
a. Revise paragraphs (d) introductory
text and (d)(2) introductory text;
■ b. Remove and reserve paragraphs
(d)(2)(ii) and (iii); and
■ c. Revise paragraph (d)(3)
introductory text.
The revisions read as follows:
■
■
§ 60.4243 What are my compliance
requirements if I am an owner or operator
of a stationary SI internal combustion
engine?
*
*
*
*
(d) If you own or operate an
emergency stationary ICE, you must
operate the emergency stationary ICE
according to the requirements in
paragraphs (d)(1) through (3) of this
section. In order for the engine to be
considered an emergency stationary ICE
under this subpart, any operation other
than emergency operation, maintenance
§ 60.4219 What definitions apply to this
and testing, and operation in nonsubpart?
emergency situations for 50 hours per
*
*
*
*
*
year, as described in paragraphs (d)(1)
Emergency stationary internal
through (3), is prohibited. If you do not
combustion engine means any stationary
operate the engine according to the
reciprocating internal combustion
requirements in paragraphs (d)(1)
engine that meets all of the criteria in
through (3), the engine will not be
paragraphs (1) through (3) of this
considered an emergency engine under
definition. All emergency stationary ICE
this subpart and must meet all
must comply with the requirements
requirements for non-emergency
specified in § 60.4211(f) in order to be
engines.
considered emergency stationary ICE. If
*
*
*
*
*
the engine does not comply with the
(2) You may operate your emergency
requirements specified in § 60.4211(f),
stationary ICE for the purpose specified
then it is not considered to be an
in paragraph (d)(2)(i) of this section for
emergency stationary ICE under this
a maximum of 100 hours per calendar
subpart.
year. Any operation for non-emergency
(1) The stationary ICE is operated to
situations as allowed by paragraph
provide electrical power or mechanical
(d)(3) of this section counts as part of
work during an emergency situation.
Examples include stationary ICE used to the 100 hours per calendar year allowed
by this paragraph (d)(2).
produce power for critical networks or
*
*
*
*
equipment (including power supplied to *
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*
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(3) Emergency stationary ICE may be
operated for up to 50 hours per calendar
year in non-emergency situations. The
50 hours of operation in non-emergency
situations are counted as part of the 100
hours per calendar year for maintenance
and testing provided in paragraph (d)(2)
of this section. Except as provided in
paragraph (d)(3)(i) of this section, the 50
hours per year for non-emergency
situations cannot be used for peak
shaving or non-emergency demand
response, or to generate income for a
facility to an electric grid or otherwise
supply power as part of a financial
arrangement with another entity.
*
*
*
*
*
■ 6. Section 60.4245 is amended by
revising paragraph (e) introductory text
and removing and reserving paragraphs
(e)(1)(v) and (vi).
The revision reads as follows:
§ 60.4245 What are my notification,
reporting, and recordkeeping requirements
if I am an owner or operator of a stationary
SI internal combustion engine?
*
*
*
*
*
(e) If you own or operate an
emergency stationary SI ICE with a
maximum engine power more than 100
HP that operates for the purpose
specified in § 60.4243(d)(3)(i), you must
submit an annual report according to
the requirements in paragraphs (e)(1)
through (3) of this section.
*
*
*
*
*
■ 7. Section 60.4248 is amended by
revising the definition ‘‘Emergency
stationary internal combustion engine’’
to read as follows:
§ 60.4248
subpart?
What definitions apply to this
*
*
*
*
*
Emergency stationary internal
combustion engine means any stationary
reciprocating internal combustion
engine that meets all of the criteria in
paragraphs (1) through (3) of this
definition. All emergency stationary ICE
must comply with the requirements
specified in § 60.4243(d) in order to be
considered emergency stationary ICE. If
the engine does not comply with the
requirements specified in § 60.4243(d),
then it is not considered to be an
emergency stationary ICE under this
subpart.
(1) The stationary ICE is operated to
provide electrical power or mechanical
work during an emergency situation.
Examples include stationary ICE used to
produce power for critical networks or
equipment (including power supplied to
portions of a facility) when electric
power from the local utility (or the
normal power source, if the facility runs
on its own power production) is
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interrupted, or stationary ICE used to
pump water in the case of fire or flood,
etc.
(2) The stationary ICE is operated
under limited circumstances for
situations not included in paragraph (1)
of this definition, as specified in
§ 60.4243(d).
(3) The stationary ICE operates as part
of a financial arrangement with another
entity in situations not included in
paragraph (1) of this definition only as
allowed in § 60.4243(d)(3)(i).
*
*
*
*
*
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
8. The authority citation for part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZZZ—National Emission
Standards for Hazardous Air Pollutants
for Stationary Reciprocating Internal
Combustion Engines
9. Section 63.6585 is amended by
revising paragraphs (f)(1) through (3) to
read as follows:
■
§ 63.6585
Am I subject to this subpart?
*
*
*
*
*
(f) * * *
(1) Existing residential emergency
stationary RICE located at an area source
of HAP emissions that do not operate for
the purpose specified in
§ 63.6640(f)(4)(ii).
(2) Existing commercial emergency
stationary RICE located at an area source
of HAP emissions that do not operate for
the purpose specified in
§ 63.6640(f)(4)(ii).
(3) Existing institutional emergency
stationary RICE located at an area source
of HAP emissions that do not operate for
the purpose specified in
§ 63.6640(f)(4)(ii).
■ 10. Section 63.6590 is amended by
revising paragraphs (b)(1)(i) and
(b)(3)(iii) to read as follows:
§ 63.6590 What parts of my plant does this
subpart cover?
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
*
(b) * * *
(1) * * *
(i) The stationary RICE is a new or
reconstructed emergency stationary
RICE with a site rating of more than 500
brake HP located at a major source of
HAP emissions.
*
*
*
*
*
(3) * * *
(iii) Existing emergency stationary
RICE with a site rating of more than 500
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brake HP located at a major source of
HAP emissions.
*
*
*
*
*
■ 11. Section 63.6604 is amended by
revising paragraph (b) and removing and
reserving paragraph (c).
The revision reads as follows:
§ 63.6604 What fuel requirements must I
meet if I own or operate a stationary CI
RICE?
*
*
*
*
*
(b) Beginning January 1, 2015, if you
own or operate an existing emergency CI
stationary RICE with a site rating of
more than 100 brake HP and a
displacement of less than 30 liters per
cylinder that uses diesel fuel and
operates for the purpose specified in
§ 63.6640(f)(4)(ii), you must use diesel
fuel that meets the requirements in 40
CFR 1090.305 for nonroad diesel fuel,
except that any existing diesel fuel
purchased (or otherwise obtained) prior
to January 1, 2015, may be used until
depleted.
*
*
*
*
*
■ 12. In § 63.6640:
■ a. Revise paragraphs (f) introductory
text and (f)(2) introductory text;
■ c. Remove and reserve paragraphs
(f)(2)(ii) and (iii); and
■ d. Revise paragraph (f)(3) and
paragraph (f)(4) introductory text.
The revisions read as follows:
§ 63.6640 How do I demonstrate
continuous compliance with the emission
limitations, operating limitations, and other
requirements?
*
*
*
*
*
(f) If you own or operate an
emergency stationary RICE, you must
operate the emergency stationary RICE
according to the requirements in
paragraphs (f)(1) through (4) of this
section. In order for the engine to be
considered an emergency stationary
RICE under this subpart, any operation
other than emergency operation,
maintenance and testing, and operation
in non-emergency situations for 50
hours per year, as described in
paragraphs (f)(1) through (4), is
prohibited. If you do not operate the
engine according to the requirements in
paragraphs (f)(1) through (4), the engine
will not be considered an emergency
engine under this subpart and must
meet all requirements for nonemergency engines.
*
*
*
*
*
(2) You may operate your emergency
stationary RICE for the purpose
specified in paragraph (f)(2)(i) of this
section for a maximum of 100 hours per
calendar year. Any operation for nonemergency situations as allowed by
paragraphs (f)(3) and (4) of this section
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counts as part of the 100 hours per
calendar year allowed by this paragraph
(f)(2).
*
*
*
*
*
(3) Emergency stationary RICE located
at major sources of HAP may be
operated for up to 50 hours per calendar
year in non-emergency situations. The
50 hours of operation in non-emergency
situations are counted as part of the 100
hours per calendar year for maintenance
and testing provided in paragraph (f)(2)
of this section. The 50 hours per year for
non-emergency situations cannot be
used for peak shaving or non-emergency
demand response, or to generate income
for a facility to supply power to an
electric grid or otherwise supply power
as part of a financial arrangement with
another entity.
(4) Emergency stationary RICE located
at area sources of HAP may be operated
for up to 50 hours per calendar year in
non-emergency situations. The 50 hours
of operation in non-emergency
situations are counted as part of the 100
hours per calendar year for maintenance
and testing provided in paragraph (f)(2)
of this section. Except as provided in
paragraphs (f)(4)(i) and (ii) of this
section, the 50 hours per year for nonemergency situations cannot be used for
peak shaving or non-emergency demand
response, or to generate income for a
facility to an electric grid or otherwise
supply power as part of a financial
arrangement with another entity.
*
*
*
*
*
■ 13. Section 63.6650 is amended by
revising paragraph (h) introductory text
and removing and reserving paragraphs
(h)(1)(v) and (vi).
The revision reads as follows:
§ 63.6650
when?
What reports must I submit and
*
*
*
*
*
(h) If you own or operate an
emergency stationary RICE with a site
rating of more than 100 brake HP that
operates for the purpose specified in
§ 63.6640(f)(4)(ii), you must submit an
annual report according to the
requirements in paragraphs (h)(1)
through (3) of this section.
*
*
*
*
*
■ 14. Section 63.6655 is amended by
revising paragraph (f) introductory text
to read as follows:
§ 63.6655
What records must I keep?
*
*
*
*
*
(f) If you own or operate any of the
stationary RICE in paragraphs (f)(1)
through (2) of this section, you must
keep records of the hours of operation
of the engine that is recorded through
the non-resettable hour meter. The
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Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Rules and Regulations
owner or operator must document how
many hours are spent for emergency
operation, including what classified the
operation as emergency and how many
hours are spent for non-emergency
operation. If the engine is used for the
purpose specified in § 63.6640(f)(4)(ii),
the owner or operator must keep records
of the notification of the emergency
situation, and the date, start time, and
end time of engine operation for these
purposes.
*
*
*
*
*
■ 15. Section 63.6675 is amended by
revising the definition ‘‘Emergency
stationary RICE’’ to read as follows:
§ 63.6675
subpart?
What definitions apply to this
*
*
*
*
*
Emergency stationary RICE means any
stationary reciprocating internal
pump water in the case of fire or flood,
etc.
(2) The stationary RICE is operated
under limited circumstances for
situations not included in paragraph (1)
of this definition, as specified in
§ 63.6640(f).
(3) The stationary RICE operates as
part of a financial arrangement with
another entity in situations not included
in paragraph (1) of this definition only
as allowed in § 63.6640(f)(4)(i) or (ii).
*
*
*
*
*
16. Table 7 to subpart ZZZZ of part 63
is revised to read as follows:
■
Table 7 to Subpart ZZZZ of Part 63—
Requirements for Reports
As stated in § 63.6650, you must
comply with the following requirements
for reports:
For each . . .
You must submit a . . .
The report must contain . . .
You must submit the report . . .
1. Existing non-emergency, non-black start stationary RICE 100≤HP≤500 located at a major
source of HAP; existing non-emergency, nonblack start stationary CI RICE >500 HP located
at a major source of HAP; existing non-emergency 4SRB stationary RICE >500 HP located at
a major source of HAP; existing non-emergency,
non-black start stationary CI RICE >300 HP located at an area source of HAP; new or reconstructed non-emergency stationary RICE >500
HP located at a major source of HAP; and new
or reconstructed non-emergency 4SLB stationary
RICE 250≤HP≤500 located at a major source of
HAP.
Compliance report ..........
a. If there are no deviations from any emission limitations or operating limitations
that apply to you, a statement that there
were no deviations from the emission
limitations or operating limitations during
the reporting period. If there were no periods during which the CMS, including
CEMS and CPMS, was out-of-control, as
specified in § 63.8(c)(7), a statement that
there were not periods during which the
CMS was out-of-control during the reporting period; or
i. Semiannually according to the requirements in § 63.6650(b)(1)–(5)
for engines that are not limited use
stationary RICE subject to numerical emission limitations; and
ii. Annually according to the requirements in § 63.6650(b)(6)–(9) for engines that are limited use stationary
RICE subject to numerical emission
limitations.
b. If you had a deviation from any emission
limitation or operating limitation during
the reporting period, the information in
§ 63.6650(d). If there were periods during which the CMS, including CEMS and
CPMS, was out-of-control, as specified
in § 63.8(c)(7), the information in
§ 63.6650(e); or
c. If you had a malfunction during the reporting period, the information in
§ 63.6650(c)(4)
a. The fuel flow rate of each fuel and the
heating values that were used in your
calculations, and you must demonstrate
that the percentage of heat input provided by landfill gas or digester gas, is
equivalent to 10 percent or more of the
gross heat input on an annual basis; and
b. The operating limits provided in your
federally enforceable permit, and any deviations from these limits; and
c. Any problems or errors suspected with
the meters.
a. The results of the annual compliance
demonstration, if conducted during the
reporting period.
i. Semiannually according to the requirements in § 63.6650(b).
a. The information in § 63.6650(h)(1) .........
i. annually according to the requirements in § 63.6650(h)(2)–(3).
2. New or reconstructed non-emergency stationary
RICE that combusts landfill gas or digester gas
equivalent to 10 percent or more of the gross
heat input on an annual basis.
3. Existing non-emergency, non-black start 4SLB
and 4SRB stationary RICE >500 HP located at
an area source of HAP that are not remote stationary RICE and that operate more than 24
hours per calendar year.
4. Emergency stationary RICE that operate for the
purposes specified in § 63.6640(f)(4)(ii).
khammond on DSKJM1Z7X2PROD with RULES
combustion engine that meets all of the
criteria in paragraphs (1) through (3) of
this definition. All emergency stationary
RICE must comply with the
requirements specified in § 63.6640(f) in
order to be considered emergency
stationary RICE. If the engine does not
comply with the requirements specified
in § 63.6640(f), then it is not considered
to be an emergency stationary RICE
under this subpart.
(1) The stationary RICE is operated to
provide electrical power or mechanical
work during an emergency situation.
Examples include stationary RICE used
to produce power for critical networks
or equipment (including power
supplied to portions of a facility) when
electric power from the local utility (or
the normal power source, if the facility
runs on its own power production) is
interrupted, or stationary RICE used to
Report .............................
Compliance report ..........
Report .............................
i. Semiannually according to the requirements in § 63.6650(b).
i. Annually, according to the requirements in § 63.6650.
i. See item 2.a.i.
i. See item 2.a.i.
i. Semiannually according to the requirements in § 63.6650(b)(1)–(5).
[FR Doc. 2022–17060 Filed 8–9–22; 8:45 am]
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]]>Agencies
[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Rules and Regulations]
[Pages 48603-48608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17060]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 /
Rules and Regulations
[[Page 48603]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2008-0708; FRL-5300.3-01-OAR]
RIN 2060-AV76
National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines; New Source Performance
Standards for Stationary Internal Combustion Engines; Court Vacatur
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is amending the Code
of Federal Regulations (CFR) to reflect a 2015 court decision regarding
the National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Stationary Reciprocating Internal Combustion Engines (RICE) and the
New Source Performance Standards (NSPS) for Stationary Internal
Combustion Engines (ICE). The court vacated provisions in the
regulations specifying that emergency engines could operate for
emergency demand response or during periods where there is a deviation
of voltage or frequency. This ministerial rule revises the RICE NESHAP
and ICE NSPS to conform to the court's decision.
DATES: This final rule is effective on August 10, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2008-0708. All documents in the docket are
listed in https://www.regulations.gov/. Although listed, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. With the exception of such material, publicly available docket
materials are available electronically in https://www.regulations.gov/
or in hard copy at the EPA Docket Center, Room 3334, WJC West Building,
1301 Constitution Avenue 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 EPA Docket Center is
(202) 566-1742. For further information and updates on EPA Docket
Center services and current status, please visit us online at https://www.epa.gov/dockets/.
FOR FURTHER INFORMATION CONTACT: For questions about this action,
contact Melanie King, Sector Policies and Programs Division (D243-01),
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number: (919) 541-2469; and email address:
[email protected].
SUPPLEMENTARY INFORMATION:
Organization of this document. The information in this preamble is
organized as follows:
I. Why is the EPA issuing this final rule?
II. Background
III. Which provisions are being amended?
IV. 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 (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
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 (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. Why is the EPA issuing this final rule?
This action amends the CFR to reflect the 2015 court decision in
Delaware Department of Natural Resources and Environmental Control v.
EPA, 785 F.3d 1 (D.C. Cir. 2015) as amended (July 21, 2015), vacating
40 CFR 60.4211(f)(2)(ii) and (iii), 60.4243(d)(2)(ii) and (iii), and
63.6640(f)(2)(ii) and (iii). Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B) provides that, when an agency for
good cause finds that notice and public procedures are impracticable,
unnecessary, or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
The EPA has determined that there is good cause for amending these
provisions without prior proposal and opportunity for public procedures
because the correction of the CFR is a ministerial act to effectuate
the court order and public notice and comment is unnecessary and would
serve no useful purpose. Removal of the vacated paragraphs in the RICE
NESHAP (40 CFR part 63 subpart ZZZZ) at 63.6640(f)(2)(ii) and (iii),
the Compression Ignition (CI) ICE NSPS (40 CFR part 60 subpart IIII) at
40 CFR 60.4211(f)(2)(ii) and (iii), and the Spark Ignition (SI) ICE
NSPS (40 CFR part 60 subpart JJJJ) at 60.4243(d)(2)(ii) and (iii) has
no legal effect beyond fulfilling the court's vacatur in Delaware v.
EPA and is ministerial in nature. The court issued the mandate for its
decision on May 4, 2016, at which point the vacatur became effective.
II. Background
The RICE NESHAP and ICE NSPS include a subcategory for emergency
engines and specify that to be classified as an emergency engine, an
engine must meet certain limitations on its hours of operation in non-
emergency situations. The existing regulations provide that hours of
operation in non-emergency situations are limited to 100 hours per year
and only allowed for specific purposes. On January 30, 2013, the EPA
finalized amendments to the RICE NESHAP and ICE NSPS specifying that
the non-emergency situations in which emergency engines could be
operated included (1) for emergency demand response during periods in
which the Reliability Coordinator under the North American Electric
Reliability
[[Page 48604]]
Corporation (NERC) Reliability Standard EOP-002-3, Capacity and Energy
Emergencies, or other authorized entity as determined by the
Reliability Coordinator, has declared an Energy Emergency Alert Level 2
as defined in the NERC Reliability Standard EOP- 002-3 and (2) periods
where there is a deviation of voltage or frequency of 5 percent or
greater below standard voltage or frequency. 78 FR 6674, January 30,
2013. The state of Delaware and other industry and environmental groups
filed petitions seeking judicial review of the provisions specifying
that emergency engines could operate for emergency demand response and
during voltage or frequency deviations. In response to these petitions,
the U.S. Court of Appeals for the District of Columbia Circuit vacated
those provisions in the RICE NESHAP and ICE NSPS in 2015. The court
held that the EPA acted arbitrarily and capriciously when it modified
the RICE NESHAP and ICE NSPS to specify that emergency engines could
operate for up to 100 hours per year for emergency demand response. The
court granted the EPA's motion to stay issuance of its mandate until
May 2016 to allow engine owners to take the necessary measures to bring
their engines into compliance with the regulations. Upon issuance of
the court's mandate, the vacated provisions ceased to have any legal
effect, and engines that were operating for any number of hours per
year for the circumstances described in the vacated provisions were
required to cease operation under such circumstances or comply with the
emission standards and other applicable requirements for non-emergency
engines. The EPA issued a guidance memorandum explaining the effect of
the vacatur \1\ and is now amending the RICE NESHAP and ICE NSPS to
reflect the court decision.
---------------------------------------------------------------------------
\1\ Guidance on Vacatur of RICE NESHAP and NSPS Provisions for
Emergency Engines. Peter Tsirigotis, OAQPS to EPA Regional Air
Enforcement Managers and Regional Air Directors. April 15, 2016.
https://www.epa.gov/sites/default/files/2016-06/documents/ricevacaturguidance041516.pdf.
---------------------------------------------------------------------------
III. Which provisions are being amended?
This final rule amends the RICE NESHAP by removing paragraphs 40
CFR 63.6640(f)(2)(ii) and (iii), the CI ICE NSPS by removing paragraphs
40 CFR 60.4211(f)(2)(ii) and (iii), and the SI ICE NSPS by removing
paragraphs 40 CFR 60.4243(d)(2)(ii) and (iii), all of which were
vacated by the Delaware v. EPA decision. The removal of the vacated
paragraphs also necessitates revisions to other paragraphs in the ICE
NSPS and RICE NESHAP that contained references to the vacated
paragraphs or referenced operation of engines categorized as emergency
engines for the purpose of emergency demand response, which can no
longer occur due to the vacatur. A list of these revisions is provided
below.
40 CFR 60.4211(f): Remove ``emergency demand response''
from the paragraph (f) introductory text and the paragraph (f)(3)
introductory text since operation for emergency demand response is no
longer allowed for emergency engines; remove reference to the vacated
paragraphs (f)(2)(ii) and (iii) from the paragraph (f)(2) introductory
text.
40 CFR 60.4214(d): Remove the reference in the paragraph
(d) introductory text to operating for the purposes specified in the
vacated paragraphs 40 CFR 60.4211(f)(2)(ii) and (iii); remove
paragraphs (v) and (vi) which required reporting of operation and
contractual obligation for the purposes specified in the vacated
paragraphs.
40 CFR 60.4219: Revise definition for ``emergency
stationary internal combustion engine'' to remove reference to the
vacated paragraphs 40 CFR 60.4211(f)(2)(ii) and (iii) in paragraph (3)
of the definition.
40 CFR 60.4243(d): Remove ``emergency demand response''
from the paragraph (d) introductory text and the paragraph (d)(3)
introductory text since operation for emergency demand response is no
longer allowed for emergency engines; remove reference to the vacated
paragraphs (d)(2)(ii) and (iii) from the paragraph (d)(2) introductory
text.
40 CFR 60.4245(e): Remove the reference in the paragraph
(e) introductory text to operating for the purposes specified in the
vacated paragraphs 40 CFR 60.4243(d)(2)(ii) and (iii); remove
paragraphs (v) and (vi) which required reporting of operation and
contractual obligation for the purposes specified in the vacated
paragraphs.
40 CFR 60.4248: Revise definition for ``emergency
stationary internal combustion engine'' to remove reference to the
vacated paragraphs 40 CFR 60.4243(d)(2)(ii) and (iii) in paragraph (3)
of the definition.
40 CFR 63.6585: Remove reference to operation and
contractual obligation for the purposes specified in the vacated
paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii).
40 CFR 63.6590: Remove references in paragraphs (b)(1)(i)
and (b)(3)(iii) to operation and contractual obligation for the
purposes specified in the vacated paragraphs 40 CFR 63.6640(f)(2)(ii)
and (iii).
40 CFR 63.6604: Remove reference in paragraph (b) to
operation and contractual obligation for the purposes specified in the
vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii); remove paragraph
(c) since it only applied to an emergency engine that operates or is
contractually obligated to be available for the purposes specified in
the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii) and there
would no longer be any emergency engines meeting that criteria since
operation for those purposes is no longer allowed for emergency
engines.
40 CFR 63.6640: Remove ``emergency demand response'' from
the paragraph (f) introductory text, the paragraph (f)(3) introductory
text, and the paragraph (f)(4) introductory text since operation for
emergency demand response is no longer allowed for emergency engines;
remove reference to the vacated paragraphs (f)(2)(ii) and (iii) from
the paragraph (f)(2) introductory text.
40 CFR 63.6650: Remove the reference in the paragraph (h)
introductory text to operating for the purposes specified in the
vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii); remove
paragraphs (v) and (vi) which required reporting of operation and
contractual obligation for the purposes specified in the vacated
paragraphs.
40 CFR 63.6655: Remove reference in paragraph (f) to the
vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii).
40 CFR 63.6675: Revise definition for ``emergency
stationary RICE'' to remove reference to the vacated paragraphs 40 CFR
63.6640(f)(2)(ii) and (iii) in paragraph (3) of the definition.
Table 7 to subpart ZZZZ: Remove reference in item 4 to
operating for the purposes specified in the vacated paragraphs 40 CFR
63.6640(f)(2)(ii) and (iii).
As explained above, removal of these provisions corrects the CFR to
conform to the court's decision in Delaware v. EPA and is ministerial
in nature and neither imposes or removes any new requirements.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
[[Page 48605]]
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 and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule has no net burden on the small entities subject to the
rule. This action is ministerial in nature as it codifies a court-
issued mandate vacating regulatory provisions. We have therefore
concluded that this action will have no net regulatory burden for all
directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. The action imposes no enforceable duty on any
state, local, or tribal governments or the private sector.
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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This action presents no additional burden on
implementing authorities beyond existing requirements. 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 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This regulatory action is
ministerial in nature as it codifies a court issued mandate vacating
regulatory provisions and does not have any impact on human health or
the environment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary, or contrary to the public interest (5
U.S.C. 808(2)). The EPA has made a good cause finding for this rule in
section I of this preamble, including the basis for that finding.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, 40 CFR parts 60 and 63
are amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq. 42 U.S.C. 7401-7601.
Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
0
2. In Sec. 60.4211:
0
a. Revise paragraphs (f) introductory text and (f)(2) introductory
text;
0
b. Remove and reserve paragraphs (f)(2)(ii) and (iii); and
0
c. Revise paragraph (f)(3) introductory text.
The revisions read as follows:
Sec. 60.4211 What are my compliance requirements if I am an owner or
operator of a stationary CI internal combustion engine?
* * * * *
(f) If you own or operate an emergency stationary ICE, you must
operate the emergency stationary ICE according to the requirements in
paragraphs (f)(1) through (3) of this section. In order for the engine
to be considered an emergency stationary ICE under this subpart, any
operation other than emergency operation, maintenance and testing, and
operation in non-emergency situations for 50 hours per year, as
described in paragraphs (f)(1) through (3), is prohibited. If you do
not operate the engine according to the requirements in paragraphs
(f)(1) through (3), the engine will not be considered an emergency
engine under this subpart and must meet all requirements for non-
emergency engines.
* * * * *
(2) You may operate your emergency stationary ICE for the purpose
specified in paragraph (f)(2)(i) of this section for a maximum of 100
hours per calendar year. Any operation for non-emergency situations as
allowed by paragraph (f)(3) of this section counts as part of the 100
[[Page 48606]]
hours per calendar year allowed by this paragraph (f)(2).
* * * * *
(3) Emergency stationary ICE may be operated for up to 50 hours per
calendar year in non-emergency situations. The 50 hours of operation in
non-emergency situations are counted as part of the 100 hours per
calendar year for maintenance and testing provided in paragraph (f)(2)
of this section. Except as provided in paragraph (f)(3)(i) of this
section, the 50 hours per calendar year for non-emergency situations
cannot be used for peak shaving or non-emergency demand response, or to
generate income for a facility to an electric grid or otherwise supply
power as part of a financial arrangement with another entity.
* * * * *
0
3. Section 60.4214 is amended by revising paragraph (d) introductory
text and removing and reserving paragraphs (d)(1)(v) and (vi).
The revision reads as follows:
Sec. 60.4214 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI internal
combustion engine?
* * * * *
(d) If you own or operate an emergency stationary CI ICE with a
maximum engine power more than 100 HP that operates for the purpose
specified in Sec. 60.4211(f)(3)(i), you must submit an annual report
according to the requirements in paragraphs (d)(1) through (3) of this
section.
* * * * *
0
4. Section 60.4219 is amended by revising the definition ``Emergency
stationary internal combustion engine'' to read as follows:
Sec. 60.4219 What definitions apply to this subpart?
* * * * *
Emergency stationary internal combustion engine means any
stationary reciprocating internal combustion engine that meets all of
the criteria in paragraphs (1) through (3) of this definition. All
emergency stationary ICE must comply with the requirements specified in
Sec. 60.4211(f) in order to be considered emergency stationary ICE. If
the engine does not comply with the requirements specified in Sec.
60.4211(f), then it is not considered to be an emergency stationary ICE
under this subpart.
(1) The stationary ICE is operated to provide electrical power or
mechanical work during an emergency situation. Examples include
stationary ICE used to produce power for critical networks or equipment
(including power supplied to portions of a facility) when electric
power from the local utility (or the normal power source, if the
facility runs on its own power production) is interrupted, or
stationary ICE used to pump water in the case of fire or flood, etc.
(2) The stationary ICE is operated under limited circumstances for
situations not included in paragraph (1) of this definition, as
specified in Sec. 60.4211(f).
(3) The stationary ICE operates as part of a financial arrangement
with another entity in situations not included in paragraph (1) of this
definition only as allowed in Sec. 60.4211(f)(3)(i).
* * * * *
Subpart JJJJ--Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines
0
5. In Sec. 60.4243:
0
a. Revise paragraphs (d) introductory text and (d)(2) introductory
text;
0
b. Remove and reserve paragraphs (d)(2)(ii) and (iii); and
0
c. Revise paragraph (d)(3) introductory text.
The revisions read as follows:
Sec. 60.4243 What are my compliance requirements if I am an owner or
operator of a stationary SI internal combustion engine?
* * * * *
(d) If you own or operate an emergency stationary ICE, you must
operate the emergency stationary ICE according to the requirements in
paragraphs (d)(1) through (3) of this section. In order for the engine
to be considered an emergency stationary ICE under this subpart, any
operation other than emergency operation, maintenance and testing, and
operation in non-emergency situations for 50 hours per year, as
described in paragraphs (d)(1) through (3), is prohibited. If you do
not operate the engine according to the requirements in paragraphs
(d)(1) through (3), the engine will not be considered an emergency
engine under this subpart and must meet all requirements for non-
emergency engines.
* * * * *
(2) You may operate your emergency stationary ICE for the purpose
specified in paragraph (d)(2)(i) of this section for a maximum of 100
hours per calendar year. Any operation for non-emergency situations as
allowed by paragraph (d)(3) of this section counts as part of the 100
hours per calendar year allowed by this paragraph (d)(2).
* * * * *
(3) Emergency stationary ICE may be operated for up to 50 hours per
calendar year in non-emergency situations. The 50 hours of operation in
non-emergency situations are counted as part of the 100 hours per
calendar year for maintenance and testing provided in paragraph (d)(2)
of this section. Except as provided in paragraph (d)(3)(i) of this
section, the 50 hours per year for non-emergency situations cannot be
used for peak shaving or non-emergency demand response, or to generate
income for a facility to an electric grid or otherwise supply power as
part of a financial arrangement with another entity.
* * * * *
0
6. Section 60.4245 is amended by revising paragraph (e) introductory
text and removing and reserving paragraphs (e)(1)(v) and (vi).
The revision reads as follows:
Sec. 60.4245 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary SI internal
combustion engine?
* * * * *
(e) If you own or operate an emergency stationary SI ICE with a
maximum engine power more than 100 HP that operates for the purpose
specified in Sec. 60.4243(d)(3)(i), you must submit an annual report
according to the requirements in paragraphs (e)(1) through (3) of this
section.
* * * * *
0
7. Section 60.4248 is amended by revising the definition ``Emergency
stationary internal combustion engine'' to read as follows:
Sec. 60.4248 What definitions apply to this subpart?
* * * * *
Emergency stationary internal combustion engine means any
stationary reciprocating internal combustion engine that meets all of
the criteria in paragraphs (1) through (3) of this definition. All
emergency stationary ICE must comply with the requirements specified in
Sec. 60.4243(d) in order to be considered emergency stationary ICE. If
the engine does not comply with the requirements specified in Sec.
60.4243(d), then it is not considered to be an emergency stationary ICE
under this subpart.
(1) The stationary ICE is operated to provide electrical power or
mechanical work during an emergency situation. Examples include
stationary ICE used to produce power for critical networks or equipment
(including power supplied to portions of a facility) when electric
power from the local utility (or the normal power source, if the
facility runs on its own power production) is
[[Page 48607]]
interrupted, or stationary ICE used to pump water in the case of fire
or flood, etc.
(2) The stationary ICE is operated under limited circumstances for
situations not included in paragraph (1) of this definition, as
specified in Sec. 60.4243(d).
(3) The stationary ICE operates as part of a financial arrangement
with another entity in situations not included in paragraph (1) of this
definition only as allowed in Sec. 60.4243(d)(3)(i).
* * * * *
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
8. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZZZ--National Emission Standards for Hazardous Air
Pollutants for Stationary Reciprocating Internal Combustion Engines
0
9. Section 63.6585 is amended by revising paragraphs (f)(1) through (3)
to read as follows:
Sec. 63.6585 Am I subject to this subpart?
* * * * *
(f) * * *
(1) Existing residential emergency stationary RICE located at an
area source of HAP emissions that do not operate for the purpose
specified in Sec. 63.6640(f)(4)(ii).
(2) Existing commercial emergency stationary RICE located at an
area source of HAP emissions that do not operate for the purpose
specified in Sec. 63.6640(f)(4)(ii).
(3) Existing institutional emergency stationary RICE located at an
area source of HAP emissions that do not operate for the purpose
specified in Sec. 63.6640(f)(4)(ii).
0
10. Section 63.6590 is amended by revising paragraphs (b)(1)(i) and
(b)(3)(iii) to read as follows:
Sec. 63.6590 What parts of my plant does this subpart cover?
* * * * *
(b) * * *
(1) * * *
(i) The stationary RICE is a new or reconstructed emergency
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions.
* * * * *
(3) * * *
(iii) Existing emergency stationary RICE with a site rating of more
than 500 brake HP located at a major source of HAP emissions.
* * * * *
0
11. Section 63.6604 is amended by revising paragraph (b) and removing
and reserving paragraph (c).
The revision reads as follows:
Sec. 63.6604 What fuel requirements must I meet if I own or operate
a stationary CI RICE?
* * * * *
(b) Beginning January 1, 2015, if you own or operate an existing
emergency CI stationary RICE with a site rating of more than 100 brake
HP and a displacement of less than 30 liters per cylinder that uses
diesel fuel and operates for the purpose specified in Sec.
63.6640(f)(4)(ii), you must use diesel fuel that meets the requirements
in 40 CFR 1090.305 for nonroad diesel fuel, except that any existing
diesel fuel purchased (or otherwise obtained) prior to January 1, 2015,
may be used until depleted.
* * * * *
0
12. In Sec. 63.6640:
0
a. Revise paragraphs (f) introductory text and (f)(2) introductory
text;
0
c. Remove and reserve paragraphs (f)(2)(ii) and (iii); and
0
d. Revise paragraph (f)(3) and paragraph (f)(4) introductory text.
The revisions read as follows:
Sec. 63.6640 How do I demonstrate continuous compliance with the
emission limitations, operating limitations, and other requirements?
* * * * *
(f) If you own or operate an emergency stationary RICE, you must
operate the emergency stationary RICE according to the requirements in
paragraphs (f)(1) through (4) of this section. In order for the engine
to be considered an emergency stationary RICE under this subpart, any
operation other than emergency operation, maintenance and testing, and
operation in non-emergency situations for 50 hours per year, as
described in paragraphs (f)(1) through (4), is prohibited. If you do
not operate the engine according to the requirements in paragraphs
(f)(1) through (4), the engine will not be considered an emergency
engine under this subpart and must meet all requirements for non-
emergency engines.
* * * * *
(2) You may operate your emergency stationary RICE for the purpose
specified in paragraph (f)(2)(i) of this section for a maximum of 100
hours per calendar year. Any operation for non-emergency situations as
allowed by paragraphs (f)(3) and (4) of this section counts as part of
the 100 hours per calendar year allowed by this paragraph (f)(2).
* * * * *
(3) Emergency stationary RICE located at major sources of HAP may
be operated for up to 50 hours per calendar year in non-emergency
situations. The 50 hours of operation in non-emergency situations are
counted as part of the 100 hours per calendar year for maintenance and
testing provided in paragraph (f)(2) of this section. The 50 hours per
year for non-emergency situations cannot be used for peak shaving or
non-emergency demand response, or to generate income for a facility to
supply power to an electric grid or otherwise supply power as part of a
financial arrangement with another entity.
(4) Emergency stationary RICE located at area sources of HAP may be
operated for up to 50 hours per calendar year in non-emergency
situations. The 50 hours of operation in non-emergency situations are
counted as part of the 100 hours per calendar year for maintenance and
testing provided in paragraph (f)(2) of this section. Except as
provided in paragraphs (f)(4)(i) and (ii) of this section, the 50 hours
per year for non-emergency situations cannot be used for peak shaving
or non-emergency demand response, or to generate income for a facility
to an electric grid or otherwise supply power as part of a financial
arrangement with another entity.
* * * * *
0
13. Section 63.6650 is amended by revising paragraph (h) introductory
text and removing and reserving paragraphs (h)(1)(v) and (vi).
The revision reads as follows:
Sec. 63.6650 What reports must I submit and when?
* * * * *
(h) If you own or operate an emergency stationary RICE with a site
rating of more than 100 brake HP that operates for the purpose
specified in Sec. 63.6640(f)(4)(ii), you must submit an annual report
according to the requirements in paragraphs (h)(1) through (3) of this
section.
* * * * *
0
14. Section 63.6655 is amended by revising paragraph (f) introductory
text to read as follows:
Sec. 63.6655 What records must I keep?
* * * * *
(f) If you own or operate any of the stationary RICE in paragraphs
(f)(1) through (2) of this section, you must keep records of the hours
of operation of the engine that is recorded through the non-resettable
hour meter. The
[[Page 48608]]
owner or operator must document how many hours are spent for emergency
operation, including what classified the operation as emergency and how
many hours are spent for non-emergency operation. If the engine is used
for the purpose specified in Sec. 63.6640(f)(4)(ii), the owner or
operator must keep records of the notification of the emergency
situation, and the date, start time, and end time of engine operation
for these purposes.
* * * * *
0
15. Section 63.6675 is amended by revising the definition ``Emergency
stationary RICE'' to read as follows:
Sec. 63.6675 What definitions apply to this subpart?
* * * * *
Emergency stationary RICE means any stationary reciprocating
internal combustion engine that meets all of the criteria in paragraphs
(1) through (3) of this definition. All emergency stationary RICE must
comply with the requirements specified in Sec. 63.6640(f) in order to
be considered emergency stationary RICE. If the engine does not comply
with the requirements specified in Sec. 63.6640(f), then it is not
considered to be an emergency stationary RICE under this subpart.
(1) The stationary RICE is operated to provide electrical power or
mechanical work during an emergency situation. Examples include
stationary RICE used to produce power for critical networks or
equipment (including power supplied to portions of a facility) when
electric power from the local utility (or the normal power source, if
the facility runs on its own power production) is interrupted, or
stationary RICE used to pump water in the case of fire or flood, etc.
(2) The stationary RICE is operated under limited circumstances for
situations not included in paragraph (1) of this definition, as
specified in Sec. 63.6640(f).
(3) The stationary RICE operates as part of a financial arrangement
with another entity in situations not included in paragraph (1) of this
definition only as allowed in Sec. 63.6640(f)(4)(i) or (ii).
* * * * *
0
16. Table 7 to subpart ZZZZ of part 63 is revised to read as follows:
Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports
As stated in Sec. 63.6650, you must comply with the following
requirements for reports:
----------------------------------------------------------------------------------------------------------------
The report must You must submit the
For each . . . You must submit a . . . contain . . . report . . .
----------------------------------------------------------------------------------------------------------------
1. Existing non-emergency, non- Compliance report.............. a. If there are no i. Semiannually
black start stationary RICE deviations from any according to the
100<=HP<=500 located at a major emission limitations requirements in
source of HAP; existing non- or operating Sec.
emergency, non-black start limitations that 63.6650(b)(1)-(5)
stationary CI RICE >500 HP apply to you, a for engines that
located at a major source of statement that there are not limited use
HAP; existing non-emergency 4SRB were no deviations stationary RICE
stationary RICE >500 HP located from the emission subject to
at a major source of HAP; limitations or numerical emission
existing non-emergency, non- operating limitations limitations; and
black start stationary CI RICE during the reporting ii. Annually
>300 HP located at an area period. If there were according to the
source of HAP; new or no periods during requirements in
reconstructed non-emergency which the CMS, Sec.
stationary RICE >500 HP located including CEMS and 63.6650(b)(6)-(9)
at a major source of HAP; and CPMS, was out-of- for engines that
new or reconstructed non- control, as specified are limited use
emergency 4SLB stationary RICE in Sec. 63.8(c)(7), stationary RICE
250<=HP<=500 located at a major a statement that subject to
source of HAP. there were not numerical emission
periods during which limitations.
the CMS was out-of-
control during the
reporting period; or
b. If you had a i. Semiannually
deviation from any according to the
emission limitation requirements in
or operating Sec. 63.6650(b).
limitation during the
reporting period, the
information in Sec.
63.6650(d). If there
were periods during
which the CMS,
including CEMS and
CPMS, was out-of-
control, as specified
in Sec. 63.8(c)(7),
the information in
Sec. 63.6650(e); or
c. If you had a i. Semiannually
malfunction during according to the
the reporting period, requirements in
the information in Sec. 63.6650(b).
Sec. 63.6650(c)(4)
2. New or reconstructed non- Report......................... a. The fuel flow rate i. Annually,
emergency stationary RICE that of each fuel and the according to the
combusts landfill gas or heating values that requirements in
digester gas equivalent to 10 were used in your Sec. 63.6650.
percent or more of the gross calculations, and you
heat input on an annual basis. must demonstrate that
the percentage of
heat input provided
by landfill gas or
digester gas, is
equivalent to 10
percent or more of
the gross heat input
on an annual basis;
and
b. The operating i. See item 2.a.i.
limits provided in
your federally
enforceable permit,
and any deviations
from these limits;
and
c. Any problems or i. See item 2.a.i.
errors suspected with
the meters.
3. Existing non-emergency, non- Compliance report.............. a. The results of the i. Semiannually
black start 4SLB and 4SRB annual compliance according to the
stationary RICE >500 HP located demonstration, if requirements in
at an area source of HAP that conducted during the Sec.
are not remote stationary RICE reporting period. 63.6650(b)(1)-(5).
and that operate more than 24
hours per calendar year.
4. Emergency stationary RICE that Report......................... a. The information in i. annually
operate for the purposes Sec. 63.6650(h)(1). according to the
specified in Sec. requirements in
63.6640(f)(4)(ii). Sec.
63.6650(h)(2)-(3).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2022-17060 Filed 8-9-22; 8:45 am]
BILLING CODE 6560-50-P
