National Emission Standards for Hazardous Air Pollutants: Reciprocating Internal Combustion Engines and New Source Performance Standards: Internal Combustion Engines; Electronic Reporting, 70505-70525 [2024-18766]
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Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 29, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 26, 2024.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the
preamble, title 40 CFR part 52 is
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2591 is amended by:
a. Revising paragraph (i); and
■ b. Removing and reserving paragraph
(l).
The revision reads as follows:
■
■
§ 52.2591 Section 110(a)(2) Infrastructure
Requirements.
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(i) Approval—In September 14, 2018,
and August 3, 2022, submissions,
WDNR certified that the state has
satisfied the infrastructure SIP
requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2015 ozone NAAQS. For section
110(a)(2)(D)(i)(I), prong 1 is approved
and prong 2 is disapproved.
*
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[FR Doc. 2024–19548 Filed 8–29–24; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 63
[EPA–HQ–OAR–2022–0879; FRL–8899–02–
OAR]
RIN 2060–AV40
National Emission Standards for
Hazardous Air Pollutants:
Reciprocating Internal Combustion
Engines and New Source Performance
Standards: Internal Combustion
Engines; Electronic Reporting
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing amendments
to the National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Reciprocating Internal Combustion
Engines (RICE), the New Source
Performance Standards (NSPS) for
Stationary Compression Ignition (CI)
Internal Combustion Engines, and the
NSPS for Stationary Spark Ignition (SI)
Internal Combustion Engines, to add
electronic reporting provisions. The
addition of electronic reporting
provisions will provide for simplified
reporting by sources and enhance
availability of data on sources to the
EPA and the public. In addition, a small
number of clarifications and corrections
to these rules are being finalized to
provide clarification and correct
inadvertent and other minor errors in
the Code of Federal Regulations (CFR),
particularly related to tables.
DATES: This final rule is effective on
August 30, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2022–0879. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) 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.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Christopher Werner, Sector Policies and
Programs Division (D243–01), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
109 T.W. Alexander Drive, P.O. Box
12055, RTP, North Carolina 27711;
SUMMARY:
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telephone number: (919) 541–5133; and
email address: werner.christopher@
epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of this document. The
information in this preamble is
organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
C. Judicial Review and Administrative
Review
II. Background
III. What changes did we propose and what
changes are we finalizing?
A. Summary of Actions Proposed
B. Electronic Reporting
C. Clarifications to Table 4 in NSPS
Subpart IIII
D. Correction of Inadvertent Errors in
NESHAP Subpart ZZZZ
E. Clarifications to the Oil Change
Requirement in NESHAP Subpart ZZZZ
F. Other Requests for Comments
G. Effective Date and Compliance Dates
IV. Summary of Cost, Environmental, and
Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the benefits?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing 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 and Executive Order 14096:
Revitalizing our Nation’s Commitment to
Environmental Justice for All
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
Categories and entities potentially
regulated by this action include
industries using stationary engines,
including both compression and spark
ignition internal combustion engines,
such as: Electric power generation,
transmission, or distribution; Medical
and surgical hospitals; Natural gas
transmission; Crude petroleum and
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natural gas production; Natural gas
liquids producers; and National
security. North American Industry
Classification System Codes of
potentially regulated industries may
include 2211, 622110, 48621, 211111,
211112, and 92811. This list is not
intended to be exhaustive, but rather to
provide a guide for readers regarding
entities likely to be affected by the
action for the source category listed. To
determine whether your facility is
affected, you should examine the
applicability criteria in the rules. If you
have any questions regarding the
applicability of any aspect of this action,
please contact the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section of this preamble.
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B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this final
action is available on the internet at
https://www.epa.gov/stationary-engines.
Following publication in the Federal
Register, the EPA will post the Federal
Register version of the final rule and
key technical documents at this same
website.
C. Judicial Review and Administrative
Review
Under Clean Air Act (CAA) section
307(b)(1), judicial review of this final
action is available only by filing a
petition for review in the United States
Court of Appeals for the District of
Columbia Circuit (the court) by October
29, 2024. Under CAA section 307(b)(2),
the requirements established by this
final rule may not be challenged
separately in any civil or criminal
proceedings brought by the EPA to
enforce the requirements.
Section 307(d)(7)(B) of the CAA
further provides that ‘‘[o]nly an
objection to a rule or procedure which
was raised with reasonable specificity
during the period for public comment
(including any public hearing) may be
raised during judicial review.’’ This
section also provides a mechanism for
the EPA to convene a proceeding for
reconsideration, ‘‘[i]f the person raising
an objection can demonstrate to the EPA
that it was impracticable to raise such
objection within [the period for public
comment] or if the grounds for such
objection arose after the period for
public comment, (but within the time
specified for judicial review) and if such
objection is of central relevance to the
outcome of the rule.’’ Any person
seeking to make such a demonstration to
us should submit a Petition for
Reconsideration to the Office of the
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Administrator, U.S. Environmental
Protection Agency, Room 3000, WJC
West Building, 1200 Pennsylvania Ave.
NW, Washington, DC 20460, with a
copy to both the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
General Counsel for the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344A), U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460.
II. Background
Stationary engines are used in a
variety of applications from generating
electricity to powering pumps and
compressors in power and
manufacturing plants. They are also
used in the event of an emergency such
as fire or flood. The key air pollutants
the EPA regulates from these sources
include formaldehyde, acetaldehyde,
acrolein, methanol, polycyclic aromatic
hydrocarbon, volatile organic
compounds, carbon monoxide, nitrogen
oxides, particulate matter, sulfur
dioxide, and hydrocarbons.
A CI engine, or diesel engine, is a type
of engine in which the fuel injected into
the combustion chamber is ignited by a
heat resulting from the compression of
gases inside the cylinder. A SI engine is
a type of engine in which the fuel-air
mixture in the combustion chamber is
ignited by a spark from a spark plug.
The NESHAP for RICE is codified in
40 CFR part 63, subpart ZZZZ, which
was first promulgated in 2004. The
NSPS for Stationary CI Internal
Combustion Engines (ICE) is codified in
40 CFR part 60, subpart IIII, which was
first promulgated in 2006. The NSPS for
Stationary SI Internal Combustion
Engines is codified in 40 CFR part 60,
subpart JJJJ, which was first
promulgated in 2008. All have been
amended several times since
promulgation.
III. What changes did we propose and
what changes are we finalizing?
A. Summary of Actions Proposed
On June 26, 2023 (88 FR 41361), the
EPA proposed the following pursuant to
CAA sections 111 and 112: addition of
requirements for electronic reporting to
40 CFR part 60, subpart IIII, 40 CFR part
60, subpart JJJJ, and 40 CFR part 63,
subpart ZZZZ; clarifications to table 4 in
40 CFR part 60, subpart IIII due to
incorrect display in the CFR; the
correction of inadvertent errors in 40
CFR part 63, subpart ZZZZ, specifically
in 40 CFR 63.6625(j) the need to
reference additional line items in table
2d; and clarifications to the oil change
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requirements for certain engines as
referenced in 40 CFR part 63, subpart
ZZZZ, tables 2c and 2d. The following
sections discuss the proposed changes
in more detail, along with significant
comments received and the EPA’s
response to those comments, and the
final amendments to the rules,
including any changes to what was
proposed that are being made as a result
of comments received. For additional
comments and responses, please see the
document, Summary of Public
Comments and EPA’s Responses
National Emission Standards for
Hazardous Air Pollutants: Reciprocating
Internal Combustion Engines and New
Source Performance Standards: Internal
Combustion Engines; Electronic
Reporting, available in the docket for
this action. The EPA also solicited
comments to aid in its consideration of
the appropriate next steps following
remand of the provisions specifying that
emergency engines can operate for up to
50 hours per year to mitigate local
transmission and/or distribution
limitations to avert potential voltage
collapse or line overloads that could
lead to the interruption of power supply
in a local area or region by the court.
The EPA appreciates the comments and
information that were provided during
the public comment period and will
consider them as it assesses the
appropriate path forward but is not
responding to these comments or taking
further action on these provisions at this
time.
B. Electronic Reporting
The EPA proposed that owners and
operators of stationary engines subject
to NSPS subparts IIII or JJJJ, or NESHAP
subpart ZZZZ, submit electronic copies
of certain initial notifications of
compliance, performance test reports,
Notification of Compliance Status
(NOCS), and annual and semiannual
compliance reports through the EPA’s
Central Data Exchange (CDX) using the
Compliance and Emissions Data
Reporting Interface (CEDRI). A
description of the electronic data
submission process was provided in the
memorandum Electronic Reporting
Requirements for New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
Rules and was placed in the docket at
the time of proposal. The EPA proposed
that the initial notification of
compliance be submitted through
CEDRI, that performance test results
collected using test methods that are
supported by the EPA’s Electronic
Reporting Tool (ERT) as listed on the
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ERT website 1 at the time of the test be
submitted in the format generated
through the use of the ERT or an
electronic file consistent with the
extensible markup language (XML)
schema on the ERT website, and that
other performance test results be
submitted in portable document format
(PDF) using the attachment module of
the ERT. The EPA also proposed that
NOCS for NESHAP subpart ZZZZ be
submitted as a PDF upload in CEDRI.
For annual and semiannual
compliance reports, the EPA proposed
that owners and operators use the
appropriate spreadsheet template to
submit information to CEDRI. Draft
versions of the proposed templates for
these reports were included in the
docket at the time of proposal.2 The
EPA specifically requested comment on
the content, layout, and overall design
of the templates.
Additionally, the EPA identified two
broad circumstances in which electronic
reporting extensions may be provided.
These circumstances were: (1) outages
of the EPA’s CDX or CEDRI which
preclude an owner or operator from
accessing the system and submitting
required reports and (2) force majeure
events, which are defined as events that
will be or have been caused by
circumstances beyond the control of the
affected facility, its contractors, or any
entity controlled by the affected facility
that prevent an owner or operator from
complying with the requirement to
submit a report electronically. Examples
of force majeure events are acts of
nature, acts of war or terrorism, or
equipment failure or safety hazards
beyond the control of the facility. The
EPA provided these potential extensions
to protect owners and operators from
noncompliance in cases where they
cannot successfully submit a report by
the reporting deadline for reasons
outside of their control. In both
circumstances, the decision to accept
the claim of needing additional time to
report is within the discretion of the
Administrator, and reporting should
occur as soon as possible.
As described in the proposed
rulemaking, the electronic submittal of
the reports addressed in this final rule
will increase the usefulness of the data
contained in those reports, is in keeping
with current trends in data availability
and transparency, will further assist in
1 https://www.epa.gov/electronic-reporting-air-
emissions/electronic-reporting-tool-ert.
2 See 60.4214d3_annual_report_bulk_upload_
template_ICRDraft.xlsx, 60.4245e3_annual_report_
bulk_upload_template_ICRDraft.xlsx, and 63.6650_
h_and_i Compliance Report Template_
ICRDraft.xlsm, available at Docket ID. No. EPA–
HQ–OAR–2022–0879.
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the protection of public health and the
environment, will improve compliance
by facilitating the ability of regulated
facilities to demonstrate compliance
with requirements and by facilitating
the ability of delegated State, local,
Tribal, and territorial air agencies and
the EPA to assess and determine
compliance, and will ultimately reduce
burden on regulated facilities, delegated
air agencies, and the EPA. Electronic
reporting eliminates paper-based,
manual processes, thereby saving time
and resources, simplifying data entry,
eliminating redundancies, minimizing
data reporting errors, and providing data
quickly and accurately to the affected
facilities, air agencies, the EPA, and the
public. Moreover, electronic reporting is
consistent with the EPA’s plan 3 to
implement Executive Order 13563 and
is in keeping with the EPA’s agencywide policy 4 developed in response to
the White House’s Digital Government
Strategy.5 For more information on the
benefits of electronic reporting, see the
memorandum Electronic Reporting
Requirements for New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
Rules, available in the docket for this
action.
As part of the electronic reporting
effort, reporting requirements in
NESHAP subpart ZZZZ were clarified
and adjusted to be consistent for all
engine types as well as to provide
specificity in units of measure and to
provide consistency between the NSPS
and the NESHAP. With these changes,
the regulatory text in 40 CFR part 63,
subpart ZZZZ at 40 CFR 63.6650 now
includes all the applicable data
elements required by 40 CFR
63.10(e)(3), and the general provisions
applicability table is being revised to
reflect that 40 CFR 63.10(e)(3) is no
longer applicable.
We received comments both in
support of, and opposed to, the addition
of electronic reporting provisions, as
well as several comments regarding the
draft electronic reporting templates that
were made available in the docket. In
3 EPA’s Final Plan for Periodic Retrospective
Reviews, August 2011. Available at: https://
www.regulations.gov/document?D=EPA-HQ-OA2011-0156-0154.
4 E-Reporting Policy Statement for EPA
Regulations, September 2013. Available at: https://
www.epa.gov/sites/production/files/2016-03/
documents/epa-ereporting-policy-statement-201309-30.pdf.
5 Digital Government: Building a 21st Century
Platform to Better Serve the American People, May
2012. Available at: https://
obamawhitehouse.archives.gov/sites/default/files/
omb/egov/digital-government/digitalgovernment.html.
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response to these comments, we made
some clarifying changes to the
templates. We address and respond to
these comments in detail in the
response to comment document
available in the docket for this action.
One clarifying change made in
response to comments was to alter the
regulatory text and the corresponding
entry in the final reporting template for
subpart ZZZZ to require the year the
engine was constructed, rather than the
specific date. Additionally, if the exact
year is unknown, an estimate can be
provided.
The Department of Defense (DoD)
commented that all templates provided
for review have a requirement to
provide the latitude and longitude of the
engine in decimal degrees reported to
the fifth decimal place, but due to the
present-day public availability of
electronic data files, DoD is concerned
that disclosing the location of certain
engines used by the commenter can
compromise national security. The
comment requested the EPA consider
including an option for template
latitude and longitude data fields that
would allow an installation to label
critical system geolocation data as
‘‘confidential’’ or ‘‘national security
information.’’ By offering such an
option, the commenter’s national
security data would not be disclosed or
retrievable through publicly available
agency (Federal/state/local/tribal)
electronic data systems.
The EPA agrees that the exact location
of engines should not be reported if the
location should remain confidential due
to national security concerns. The EPA
has clarified for the final rule that if
disclosure of the exact location of an
engine that is owned by or operated by
or for an agency of the Federal
Government that is responsible for
national defense would be a threat to
national security, the filer may claim a
national security exemption, which will
allow the latitude and longitude fields
in the reporting template to be left
blank. A corresponding revision is also
being made to the regulatory text. It
should be noted that the reports still
contain the address of the facility at
which the engine(s) are located.6
6 The comment also suggested that the EPA
should establish criteria for access to precise
geolocation of sources in all appropriate stationary
engine (NESHAP and NSPS) rules. The EPA does
not find it necessary to adopt such criteria at this
time, particularly since facility address data is still
required to be reported but will work with other
agencies to address this issue in the future if it
becomes appropriate.
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C. Clarifications to Table 4 in NSPS
Subpart IIII
Since it was originally published in
the CFR, ‘‘Table 4 to Subpart IIII of Part
60—Emission Standards for Stationary
Fire Pump Engines’’ has been confusing
to the public because it shows blank
cells for the CO standard for certain
engine model years. The table intended
to show that the same CO standard
applies for all model years. The table
was not intended to be displayed in this
manner and the current version simply
reflects a mismatch between what was
submitted by the EPA and what was
able to be shown in the CFR. The EPA
invited comment on whether any other
aspect of this table was confusing or
incorrect (it was shown as table 1 in the
preamble of the proposal), but we did
not solicit comment on any proposed
changes to the standards themselves.
We received comment supporting the
clarified table and further suggesting
that the units of the engine emission
standards be added, similar to how the
units are currently shown in tables 1
and 2 of 40 CFR part 60, subpart IIII, to
prevent any potential confusion
regarding the applicable emission
standards. We agree that this suggestion
would provide further clarification and
prevent additional confusion. We are,
therefore, finalizing the clarifications to
this table as proposed and additionally
placing units in the column heading of
the table as shown in table 1 of this
document.
TABLE 1—CLARIFIED VERSION OF ‘‘TABLE 4 TO SUBPART IIII OF PART 60—EMISSION STANDARDS FOR STATIONARY FIRE
PUMP ENGINES’’
Maximum engine power
Emission standards for stationary fire pump
engines in g/KW-hr
(g/HP-hr)
Model year(s)
KW<8 (HP<11) ................................................
KW<8 (HP<11) ................................................
8≤KW<19 (11≤HP<25) ....................................
8≤KW<19 (11≤HP<25) ....................................
19≤KW<37 (25≤HP<50) ..................................
19≤KW<37 (25≤HP<50) ..................................
37≤KW<56 (50≤HP<75) ..................................
37≤KW<56 (50≤HP<75) ..................................
56≤KW<75 (75≤HP<100) ................................
56≤KW<75 (75≤HP<100) ................................
75≤KW<130 (100≤HP<175) ............................
75≤KW<130 (100≤HP<175) ............................
130≤KW<225 (175≤HP<300) ..........................
130≤KW<225 (175≤HP<300) ..........................
225≤KW<450 (300≤HP<600) ..........................
225≤KW<450 (300≤HP<600) ..........................
450≤KW≤560 (600≤HP≤750) ..........................
450≤KW≤560 (600≤HP≤750) ..........................
KW≤560 (HP>750) ..........................................
KW≤560 (HP>750) ..........................................
2010
2011
2010
2011
2010
2011
2010
2011
2010
2011
2009
2010
2008
2009
2008
2009
2008
2009
2007
2008
and earlier .............................................
+ ............................................................
and earlier .............................................
+ ............................................................
and earlier .............................................
+ ............................................................
and earlier .............................................
+ 1 ..........................................................
and earlier .............................................
+ 1 ..........................................................
and earlier .............................................
+ 2 ..........................................................
and earlier .............................................
+ 3 ..........................................................
and earlier .............................................
+ 3 ..........................................................
and earlier .............................................
+ ............................................................
and earlier .............................................
+ ............................................................
NMHC + NOX
CO
10.5
7.5
9.5
7.5
9.5
7.5
10.5
4.7
10.5
4.7
10.5
4.0
10.5
4.0
10.5
4.0
10.5
4.0
10.5
6.4
8.0
8.0
6.6
6.6
5.5
5.5
5.0
5.0
5.0
5.0
5.0
5.0
3.5
3.5
3.5
3.5
3.5
3.5
3.5
3.5
(7.8)
(5.6)
(7.1)
(5.6)
(7.1)
(5.6)
(7.8)
(3.5)
(7.8)
(3.5)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(4.8)
PM
(6.0)
(6.0)
(4.9)
(4.9)
(4.1)
(4.1)
(3.7)
(3.7)
(3.7)
(3.7)
(3.7)
(3.7)
(2.6)
(2.6)
(2.6)
(2.6)
(2.6)
(2.6)
(2.6)
(2.6)
1.0
0.40
0.80
0.40
0.80
0.30
0.80
0.40
0.80
0.40
0.80
0.30
0.54
0.20
0.54
0.20
0.54
0.20
0.54
0.20
(0.75)
(0.30)
(0.60)
(0.30)
(0.60)
(0.22)
(0.60)
(0.30)
(0.60)
(0.30)
(0.60)
(0.22)
(0.40)
(0.15)
(0.40)
(0.15)
(0.40)
(0.15)
(0.40)
(0.15)
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1 For model years 2011–2013, manufacturers, owners, and operators of fire pump stationary CI ICE in this engine power category with a rated
speed of greater than 2,650 revolutions per minute (rpm) may comply with the emission limitations for 2010 model year engines.
2 For model years 2010–2012, manufacturers, owners, and operators of fire pump stationary CI ICE in this engine power category with a rated
speed of greater than 2,650 rpm may comply with the emission limitations for 2009 model year engines.
3 In model years 2009–2011, manufacturers of fire pump stationary CI ICE in this engine power category with a rated speed of greater than
2,650 rpm may comply with the emission limitations for 2008 model year engines.
D. Correction of Inadvertent Errors in
NESHAP Subpart ZZZZ
As it appeared in the CFR at the time
of the proposal, table 2d in 40 CFR part
63, subpart ZZZZ correctly indicated
multiple SI engine types for which oil
change requirements apply.
Specifically, table 2d’s items numbers 5,
6, 7, 8, 10, 11, and 13 all indicated SI
engine types for which these
requirements apply. When this table
was last revised,7 corresponding
changes to 40 CFR 63.6625(j) were
inadvertently not made. As a result, the
version of 40 CFR 63.6625(j), which
specifies that an oil analysis program
can be used to extend the oil change
requirements, referred to an incorrect
set of table 2d’s item numbers.
7 78
FR 6709 (January 30, 2013).
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Therefore, the EPA proposed to amend
40 CFR 63.6625(j) to include the correct
list of table 2d’s item numbers,
specifically 5, 6, 7, 8, 10, 11, and 13,
that indicate SI engine types for which
oil change requirements apply.
We received no comments opposing
this correction and received only one
comment in general support of it.
Therefore, we are finalizing the
correction as proposed.
E. Clarifications to the Oil Change
Requirement in NESHAP Subpart ZZZZ
As indicated in tables 2c and 2d of 40
CFR part 63, subpart ZZZZ, several
types of CI and SI engines are subject to
oil change requirements. The number of
hours of operation allowed between oil
changes stated in the requirement vary
by engine type. However, in each
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instance, the requirement that appeared
in the CFR at the time of the proposal
was phrased in the form: ‘‘Change oil
and filter every X,XXX hours of
operation or annually, whichever comes
first.’’
The EPA receives frequent inquiries
from regulated entities regarding these
provisions, most often revolving around
the meaning of the term ‘‘annually.’’ For
example, regulated entities sometimes
inquire whether ‘‘annually’’ means
‘‘every calendar year.’’ In such a case,
the inquiry amounts to essentially
whether an oil change could
hypothetically be conducted on January
1, 2019, and the next oil change could
then be conducted on December 31,
2020, since 2020 is the calendar year
that falls immediately after 2019 (this
assumes of course that X,XXX hours of
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operation has not occurred). In such a
scenario, however, these two
hypothetical oil changes will have
actually occurred almost exactly 2 years
apart, minus a day.
This is not what the EPA intended
with the use of the term ‘‘annually’’ in
tables 2c and 2d of 40 CFR part 63,
subpart ZZZZ. It is important for oil
changes to occur as close as possible to
12 months apart to minimize emissions,
absent use of the oil analysis programs
afforded by 40 CFR 63.6625(i) and (j).
The same language of ‘‘annually’’ also
appears in these tables related to items
such as spark plug, air cleaner, and hose
and belt inspections, and similar
concerns about emissions and engine
reliability apply. Therefore, the EPA
proposed to replace each instance of use
of the term ‘‘annually’’ in tables 2c and
2d with the term ‘‘every 12 months.’’ 8
The EPA received a number of
comments on this issue, which are
detailed in the response to comment
document available in the docket. While
some comments were generally
supportive of the EPA’s proposed
change, commenters asked for
additional flexibility beyond that
afforded by the proposed language,
mainly due to concerns about
performing oil changes within a tight
window in the case of unforeseen events
or due to scheduling concerns for
maintenance personnel or contractor
availability. Most commenters favored
an additional month of flexibility
beyond the 12-month deadline.9 After
considering these comments, we are
making adjustments to the final
language to state ‘‘within 1 year + 30
days of the previous change’’ (and, in
the case of items such as spark plug, air
cleaner, and hose and belt inspections,
‘‘within 1 year + 30 days of the previous
inspection’’) in lieu of the current
‘‘annually.’’ The EPA continues to
believe that it is appropriate for oil
changes to be performed annually (i.e.,
after 365 days) but is balancing the need
for timely oil changes for proper
emissions control against the practical
concerns raised by commenters
8 Additionally, the same language of ‘‘annually’’
also in appears in a separate location in subpart
ZZZZ, namely in the subsection on management
practices applicable to existing stationary nonemergency CI RICE with a site rating of more than
300 HP located on an offshore vessel that is an area
source of HAP and is a nonroad vehicle that is an
Outer Continental Shelf source as defined in 40
CFR 55.2. Similar concerns apply to the engines
affected by this subsection (40 CFR 63.6603). So we,
likewise, proposed to replace each instance of the
term ‘‘annually’’ with the term ‘‘every 12 months’’
there.
9 The EPA also is making it clear that we do not
prohibit changing the oil earlier than 12 months if
entities desire to do so (since this was raised in
some comments).
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regarding scheduling oil changes in a
tight window. Pursuant to this revised
text, an oil change could hypothetically
be conducted on June 1, 2025, and the
next oil change could then be conducted
anywhere from June 2, 2025, to July 1,
2026, and be in compliance with the
regulations. The EPA also finds that this
revised language will address the
request by some commenters for more
clarity as to the deadline for oil changes.
As explained at proposal, it is
worthwhile to note that the EPA
occasionally receives questions as to
whether regulated entities that adopt the
oil analysis program in 40 CFR
63.6625(i) or (j) must change the oil
filter on a more frequent basis than the
oil is changed even when the oil
analysis program indicates condemning
limits have not yet been reached for
Total Acid or Total Base Number,
viscosity, and percent water content. We
are clarifying that regulated entities that
adopt the oil analysis program must
change the oil filter for these generators
when changing the oil and are not
required to change the filter prior to
changing the oil. We received no
comments opposing this clarification.
The intention of the EPA’s regulations is
that the oil filter should always be
changed whenever the engine oil is
changed, and we are finalizing the
proposed changes to the regulatory text
to this effect. Also please note that
nothing in the EPA’s regulations
prevents the owner and operator from
changing the oil or the oil filter sooner
than condemning limits have been
reached, if desired.
F. Other Requests for Comments
In addition to general comments on
the proposal, we also asked for
comments on the reporting template
that was placed in the docket for this
action. Several commenters suggested
changes to the template and after
considering these comments we have
made minor clarifying changes to the
template. These comments and our
responses are discussed more fully in
the response to comment document
available in the docket for this action. A
final template is also available in the
docket for this action.
The EPA also requested comments on
the provisions specifying that
emergency engines can operate for up to
50 hours per year to mitigate local
transmission and/or distribution
limitations to avert potential voltage
collapse or line overloads that could
lead to the interruption of power supply
in a local area or region. These
provisions appear in the NESHAP 10 and
10 40
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70509
both NSPS 11 and are often referred to as
the ‘‘50-hour provisions.’’ The EPA did
not propose any changes to the 50-hour
provisions, but as discussed in the
proposal, solicited comments to aid in
its consideration of the appropriate next
steps following remand of the
provisions by the court. The EPA
appreciates the comments and
information that were provided during
the public comment period and is
considering them as we assess the
appropriate path forward. However, the
EPA did not propose and is not
finalizing, any changes to the 50-hour
provisions at this time; and we have not
addressed those comments in the
response to comments document for this
final rule.
G. Effective Date and Compliance Dates
As stated in the proposal, the EPA’s
experience with other industries and
entities that are required to convert
reporting mechanisms, install necessary
hardware and software, become familiar
with the process of submitting
performance test results electronically
through the EPA’s CEDRI, test these new
electronic submission capabilities,
reliably employ electronic reporting,
and convert logistics of reporting
processes to different time-reporting
parameters shows that a time period of
a minimum of 90 days, but more
typically 180 days, is generally
necessary to successfully complete these
changes. Due to the diverse nature of the
stationary engine sector, the EPA
proposed to allow 180 days from the
date of the final rule for all electronic
reporting provisions, and where a
semiannual or annual report template is
newly required, 180 days or 1 year from
the date that the report template is made
available on CEDRI, whichever is later,
for compliance with the proposed
electronic reporting requirements. For
all other proposed requirements,
because they are non-substantive edits
simply to clarify existing requirements,
the EPA proposed to make compliance
effective immediately upon
promulgation of the final rule.
We received some comments asking
for a longer compliance timeframe. The
majority of these are addressed in the
response to comment document
available in the docket for this action,
but in general, the commenters that
asked for additional time to comply
were generally mistaken about the steps
required to make their systems
compatible with electronic reporting.
For sources that were already required
to submit the annual reports via an
11 40 CFR 60.4211(f)(3)(i), 40 CFR
60.4243(d)(3)(i).
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electronic template to CEDRI prior to
this rulemaking (i.e., emergency
stationary CI ICE subject to reporting
under 40 CFR 60.4214(d) in 40 CFR part
60, subpart IIII, emergency stationary SI
ICE subject to reporting under 40 CFR
60.4245(e) in 40 CFR part 60, subpart
JJJJ, and emergency stationary RICE
subject to reporting under 40 CFR
63.6650(h) in 40 CFR part 63, subpart
ZZZZ) the EPA determined that 180
days is sufficient time to adjust to the
revised electronic template and
accommodate the new reporting
elements. For all other sources, the EPA
determined that the additional year after
the reporting template becomes
available in CEDRI is necessary for these
sources to begin electronic reporting. As
discussed in the response to comments
document, the EPA considers a year to
be an adequate amount of time for these
sources to adjust to electronic reporting.
We are therefore finalizing the
compliance timeframe as proposed.
Pursuant to CAA sections 111(b)(1)(B)
and 112(i), the revisions to the rules
being promulgated in this action are
effective on August 30, 2024. The
compliance date for affected sources to
comply with the amendments
pertaining to electronic reporting is 180
days after the effective date of the rule,
or, where electronic reporting is newly
required for semiannual or annual
compliance reports, 1 year from the date
that the respective report template is
made available on CEDRI, whichever is
later.
IV. Summary of Cost, Environmental,
and Economic Impacts
A. What are the air quality impacts?
No air quality impacts are expected to
result from this rulemaking.
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B. What are the cost impacts?
The EPA estimated costs for this
action are based on the results of the
analysis for information collection
activities, as presented in the Paperwork
Reduction Act (PRA) section and
accompanying Information Collection
Request (ICR) documents in the docket.
When assessed over the first 3 years
of compliance, the incremental costs for
both NSPS (subpart IIII and subpart JJJJ)
are estimated to be negative, i.e., reflect
a cost savings, for all 3 years. For the
NESHAP (subpart ZZZZ), the
incremental cost is estimated to have
costs in 2025 followed by cost savings
in 2026 and 2027. When viewed on an
overall basis (i.e., all subparts
considered), undiscounted costs for the
final rule, in 2021$, are $18.0 million in
2025, ($38.0 million) in 2026, and
($38.2 million) in 2027, with
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parentheses indicating negative values,
i.e., cost savings. Although the EPA also
anticipates that the final rule will
continue to result in cost savings in
years beyond 2027 for all subparts, we
have not estimated the magnitude or
duration of these cost savings. These
estimates are consistent with our
experience that electronic reporting
reduces burden on regulated entities
(and the EPA) by eliminating paperbased processes and providing data
quickly and accurately.
More details on cost impact analyses
for the final rule can be found in the
‘‘What are the economic impacts?’’
section of this preamble as well as in
section 2 of the memorandum,
Economic Impact and Small Business
Analysis for the National Emission
Standards for Hazardous Air Pollutants:
Reciprocating Internal Combustion
Engines and New Source Performance
Standards: Internal Combustion
Engines; Electronic Reporting
Amendments, which is also available in
the docket for this action.
C. What are the economic impacts?
The EPA conducted economic impact
analyses for the final rule, as detailed in
the memorandum, Economic Impact
and Small Business Analysis for the
National Emission Standards for
Hazardous Air Pollutants: Reciprocating
Internal Combustion Engines and New
Source Performance Standards: Internal
Combustion Engines; Electronic
Reporting Amendments, which is
available in the docket for this action.
Costs were estimated for the first 3
years following this action.
Correspondingly, a 3-year period from
2025 to 2027 was selected as the best
measure of the economic impacts of this
action. This allowed for a reasonable
and consistent timeframe over which to
examine impacts of this action from a
present value (PV) perspective. The PV
in 2021 dollars is a cost saving of
approximately $53.8 million using a 2
percent discount rate, a cost saving of
approximately $51.8 using a 3 percent
discount rate, and a cost saving of
approximately $44.5 million using a 7
percent discount rate.12 13 The
12 Present
value and equivalent annualized value
calculations can be found in RICE—final—
economic analysis.xls, a spreadsheet that includes
the basis for the economic impacts that was
generated by the EPA for this analysis report. This
spreadsheet can be found in the docket for this rule.
13 Results using the 2 percent discount rate were
not included in the proposal for this action. The
2003 version of OMB’s Circular A–4 had generally
recommended 3 percent and 7 percent as default
rates to discount social costs and benefits. The
analysis of the proposed rule used these two
recommended rates. In November 2023, OMB
finalized an update to Circular A–4, in which it
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equivalent annualized value (EAV), in
2021 dollars, is a cost saving of
approximately $18.7 million using a
discount rate of 2 percent, a cost saving
of approximately $18.3 using a discount
rate of 3 percent, and a cost saving of
approximately $16.9 million using a
discount rate of 7 percent. The
amendments to 40 CFR part 60, subparts
IIII and JJJJ have estimated cost savings
for respondents in each year. We
conducted an analysis assessing the
impacts of the costs associated with the
amendments to 40 CFR part 63, subpart
ZZZZ. As shown in the supporting
statement to 40 CFR part 63, subpart
ZZZZ, the amendments to ZZZZ have
estimated costs of $32 per respondent
for the first year and cost savings
thereafter. As described the economic
impact analysis, for the first year such
costs are less than 0.1 percent of the
average affected entity’s payroll, and we
conclude that it is reasonable to assume
that such costs represent less than 0.1
percent of sales for the average affected
entity.14
Given the results of the analysis, these
economic impacts are relatively small
for affected industries and entities
impacted by this rule, and there will not
be substantial impacts on the markets
for affected products. The costs of the
rule are not expected to result in a
significant market impact, regardless of
whether they are passed on to the
purchaser or absorbed by the firms.
D. What are the benefits?
The EPA is not making changes to the
emission limits and estimates that the
final requirements for electronic
reporting are not economically
significant. Because these amendments
are not considered economically
significant, as defined by Executive
Order 12866, and because no emission
reductions were projected, we are not
estimating any benefits from reducing
emissions.
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
recommended the general application of a 2 percent
rate to discount social costs and benefits (subject to
regular updates), which is an estimate of
consumption-based discount rate. We include cost
results calculated using a 2 percent discount rate
consistent with the update to Circular A–4 (OMB,
2023).
14 The memorandum titled Economic Impact and
Small Business Analysis for the Final National
Emission Standards for Hazardous Air Pollutants:
Reciprocating Internal Combustion Engines and
New Source Performance Standards: Internal
Combustion Engines; Electronic Reporting
Amendment is available in the docket for this
action.
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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 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined in
Executive Order 12866, as amended by
Executive Order 14094, and was
therefore not subject to a requirement
for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
The information collection activities
in this rule have been submitted for
approval to the Office of Management
and Budget (OMB) under the PRA. The
Information Collection Request (ICR)
document that the EPA prepared has
been assigned EPA ICR numbers
2196.08, 2227.07, and 1975.12 for NSPS
subparts IIII and JJJJ, and NESHAP
subpart ZZZZ, respectively. You can
find a copy of the ICR in the docket for
this rule, and it is briefly summarized
here. The information collection
requirements are not enforceable until
OMB approves them.
The amendments mainly add
electronic reporting provisions to the
rules. In general, the changes do not
result in regulated entities needing to
submit anything additional
electronically that is not currently
submitted via paper copies, and this is
therefore expected to lessen the
recordkeeping and reporting burden.
The information is collected to assure
compliance with 40 CFR part 60,
subparts IIII and JJJJ and 40 CFR part 63,
subpart ZZZZ.
Respondents/affected entities:
Owners and operators of stationary RICE
at either a major or area source of HAP
emissions (NESHAP subpart ZZZZ);
existing and new manufacturers,
owners, and operators of stationary CI
internal combustion engines (NSPS
subpart IIII); existing and new
manufacturers, owners, and operators of
stationary SI internal combustion
engines (NSPS subpart JJJJ).
Respondents’ obligation to respond:
Mandatory.
Estimated number of respondents:
915,781 (ZZZZ); 207,360 (IIII); 19,835
(JJJJ).
Frequency of response: Varies by rule
and by type of response.
Total estimated burden: (61,799)
(ZZZZ); (95,928) (IIII); (1,144) (JJJJ)
hours (per year). Burden is defined at 5
CFR 1320.3(b). Note: parentheses
indicate a reduction in burden, i.e., a
reduced number of hours as a result of
the addition of electronic reporting to
the rules.
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Total estimated cost: ($7,581,151)
(ZZZZ); ($11,688,145) (IIII); ($140,379)
(JJJJ) (per year), includes $0 annualized
capital or operation & maintenance
costs. Note: parentheses indicate a
reduction in cost as a result of the
addition of electronic reporting to the
rules.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for the EPA’s regulations in 40
CFR are listed in 40 CFR part 9. When
OMB approves this ICR, the Agency will
announce that approval in the Federal
Register and publish a technical
amendment to 40 CFR part 9 to display
the OMB control number for the
approved information collection
activities contained in this final rule.
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. The small entities
subject to the requirements of this
action are small businesses, small
governmental jurisdictions and small
non-profits across a range of sectors,
that own or operate stationary engines
(e.g., for generating electricity in remote
areas or when electricity supply is
temporarily interrupted), including but
not limited to: Electric power
generation, transmission, or
distribution; Medical and surgical
hospitals; Natural gas transmission;
Crude petroleum and natural gas
production; Natural gas liquids
producers; and National security.
The amendments to 40 CFR part 60,
subparts IIII and JJJJ have estimated cost
savings for respondents by reducing
reporting burdens. We conducted
analysis assessing the impacts of the
costs associated with the amendments
to 40 CFR part 63, subpart ZZZZ. As
shown in the supporting statement to 40
CFR part 63, subpart ZZZZ, this subpart
has estimated costs of $32 per
respondent in 1 year, and cost savings
in following years. We estimate that this
compliance cost of $32 per respondent
is well below a 1 percent impact relative
to payroll or sales for affected small
entities.15 While there is some
uncertainty in these estimates, due to
the range of entities that may own or
operate stationary engines, there is a
large margin before the impacts would
approach a 1 percent impact for a
substantial number of small entities.
15 For example, for an entity with $32,000 in
payroll, the compliance cost would represent an
impact of 0.1% relative to payroll.
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70511
Details of this analysis are presented in
the memorandum titled Economic
Impact and Small Business Analysis for
the National Emission Standards for
Hazardous Air Pollutants: Reciprocating
Internal Combustion Engines and New
Source Performance Standards: Internal
Combustion Engines; Electronic
Reporting Amendment, which is
available in the docket for this action.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments. This
action will reduce reporting costs for all
sources, although we did estimate some
initial costs (well under $100 million in
the aggregate) for some sources.
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. While some Tribes could
be impacted by this amendment, this
rulemaking would reduce the
compliance costs for owners and
operators of stationary engines. 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.
Therefore, this action is not subject to
Executive Order 13045 because it does
not concern an environmental health
risk or safety risk. Since this action does
not concern human health, the EPA’s
Policy on Children’s Health also does
not apply.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Subpart IIII—Standards of Performance
for Stationary Compression Ignition
Internal Combustion Engines
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 and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
The EPA believes that this type of
action does not concern human health
or environmental conditions and
therefore cannot be evaluated with
respect to potentially disproportionate
and adverse effects on communities
with environmental justice concerns.
This is because this action involves the
addition of electronic reporting and
therefore is not expected to change
emissions.
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. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
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.
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Michael S. Regan,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, parts 60
and 63 of the Code of Federal
Regulations 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.
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2. Amend § 60.4214 by:
a. Revising paragraph (a)(1)
introductory text and paragraph (d)(3);
and
■ b. Adding paragraphs (f), (g), (h), (i),
and (j).
The revisions and additions read 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?
(a) * * *
(1) Submit an initial notification as
required in § 60.7(a)(1). The notification
must include the information in
paragraphs (a)(1)(i) through (v) of this
section. Beginning on February 26,
2025, submit the notification
electronically according to paragraph (g)
of this section.
*
*
*
*
*
(d) * * *
(3) The annual report must be
submitted electronically using the
subpart specific reporting form in the
Compliance and Emissions Data
Reporting Interface (CEDRI) that is
accessed through EPA’s Central Data
Exchange (CDX) (https://cdx.epa.gov/).
However, if the reporting form specific
to this subpart is not available in CEDRI
at the time that the report is due, the
written report must be submitted to the
Administrator at the appropriate
address listed in § 60.4. Beginning on
February 26, 2025, submit annual report
electronically according to paragraph (g)
of this section.
*
*
*
*
*
(f) Beginning on February 26, 2025,
within 60 days after the date of
completing each performance test
required by this subpart, you must
submit the results of the performance
test required under this section
following the procedures specified in
paragraphs (f)(1) and (2) of this section.
(1) Data collected using test methods
supported by the EPA’s Electronic
Reporting Tool (ERT) as listed on the
EPA’s ERT website (https://
www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert)
at the time of the test. Submit the results
of the performance test to the EPA via
the Compliance and Emissions Data
Reporting Interface (CEDRI), according
to paragraph (g) of this section. The data
must be submitted in a file format
generated using the EPA’s ERT.
Alternatively, you may submit an
electronic file consistent with the
extensible markup language (XML)
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
schema listed on the EPA’s ERT
website.
(2) Data collected using test methods
that are not supported by the EPA’s ERT
as listed on the EPA’s ERT website at
the time of the test. The results of the
performance test must be included as an
attachment in the ERT or an alternate
electronic file consistent with the XML
schema listed on the EPA’s ERT
website. Submit the ERT generated
package or alternative file to the EPA via
CEDRI according to paragraph (g) of this
section.
(g) If you are required to submit
notifications or reports following the
procedure specified in this paragraph
(g), you must submit notifications or
reports to the EPA via the Compliance
and Emissions Data Reporting Interface
(CEDRI), which can be accessed through
the EPA’s Central Data Exchange (CDX)
(https://cdx.epa.gov/). The EPA will
make all the information submitted
through CEDRI available to the public
without further notice to you. Do not
use CEDRI to submit information you
claim as CBI. Although we do not
expect persons to assert a claim of CBI,
if you wish to assert a CBI claim for
some of the information in the report or
notification, you must submit a
complete file in the format specified in
this subpart, including information
claimed to be CBI, to the EPA following
the procedures in paragraphs (g)(1) and
(2) of this section. Clearly mark the part
or all of the information that you claim
to be CBI. Information not marked as
CBI may be authorized for public release
without prior notice. Information
marked as CBI will not be disclosed
except in accordance with procedures
set forth in 40 CFR part 2. All CBI
claims must be asserted at the time of
submission. Anything submitted using
CEDRI cannot later be claimed CBI.
Furthermore, under CAA section 114(c),
emissions data is not entitled to
confidential treatment, and the EPA is
required to make emissions data
available to the public. Thus, emissions
data will not be protected as CBI and
will be made publicly available. You
must submit the same file submitted to
the CBI office with the CBI omitted to
the EPA via the EPA’s CDX as described
earlier in this paragraph (g).
(1) The preferred method to receive
CBI is for it to be transmitted
electronically using email attachments,
File Transfer Protocol, or other online
file sharing services. Electronic
submissions must be transmitted
directly to the OAQPS CBI Office at the
email address oaqpscbi@epa.gov, and as
described in paragraph (g) of this
section, should include clear CBI
markings. ERT files should be flagged to
E:\FR\FM\30AUR1.SGM
30AUR1
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
the attention of the Group Leader,
Measurement Policy Group; all other
files should be flagged to the attention
of the Stationary Compression Ignition
Internal Combustion Engine Sector
Lead. If assistance is needed with
submitting large electronic files that
exceed the file size limit for email
attachments, and if you do not have
your own file sharing service, please
email oaqpscbi@epa.gov to request a file
transfer link.
(2) If you cannot transmit the file
electronically, you may send CBI
information through the postal service
to the following address: OAQPS
Document Control Officer (C404–02),
OAQPS, U.S. Environmental Protection
Agency, 109 T.W. Alexander Drive, P.O.
Box 12055, Research Triangle Park,
North Carolina 27711. ERT files should
be sent to the attention of the Group
Leader, Measurement Policy Group, and
all other files should be sent to the
attention of the Stationary Compression
Ignition Internal Combustion Engine
Sector Lead. The mailed CBI material
should be double wrapped and clearly
marked. Any CBI markings should not
show through the outer envelope.
(h) If you are required to
electronically submit a report through
CEDRI in the EPA’s CDX, you may
assert a claim of EPA system outage for
failure to timely comply with that
reporting requirement. To assert a claim
of EPA system outage, you must meet
the requirements outlined in paragraphs
(h)(1) through (7) of this section.
(1) You must have been or will be
precluded from accessing CEDRI and
submitting a required report within the
time prescribed due to an outage of
either the EPA’s CEDRI or CDX systems.
(2) The outage must have occurred
within the period of time beginning five
business days prior to the date that the
submission is due.
(3) The outage may be planned or
unplanned.
(4) You must submit notification to
the Administrator in writing as soon as
possible following the date you first
knew, or through due diligence should
have known, that the event may cause
or has caused a delay in reporting.
(5) You must provide to the
Administrator a written description
identifying:
(i) The date(s) and time(s) when CDX
or CEDRI was accessed and the system
was unavailable;
(ii) A rationale for attributing the
delay in reporting beyond the regulatory
deadline to EPA system outage;
(iii) A description of measures taken
or to be taken to minimize the delay in
reporting; and
(iv) The date by which you propose to
report, or if you have already met the
reporting requirement at the time of the
notification, the date you reported.
(6) The decision to accept the claim
of EPA system outage and allow an
extension to the reporting deadline is
solely within the discretion of the
Administrator.
(7) In any circumstance, the report
must be submitted electronically as
soon as possible after the outage is
resolved.
(i) If you are required to electronically
submit a report through CEDRI in the
EPA’s CDX, you may assert a claim of
force majeure for failure to timely
comply with that reporting requirement.
To assert a claim of force majeure, you
must meet the requirements outlined in
paragraphs (i)(1) through (5) of this
section.
(1) You may submit a claim if a force
majeure event is about to occur, occurs,
or has occurred or there are lingering
effects from such an event within the
period of time beginning five business
days prior to the date the submission is
due. For the purposes of this section, a
force majeure event is defined as an
event that will be or has been caused by
circumstances beyond the control of the
affected facility, its contractors, or any
entity controlled by the affected facility
that prevents you from complying with
the requirement to submit a report
70513
electronically within the time period
prescribed. Examples of such events are
acts of nature (e.g., hurricanes,
earthquakes, or floods), acts of war or
terrorism, or equipment failure or safety
hazard beyond the control of the
affected facility (e.g., large scale power
outage).
(2) You must submit notification to
the Administrator in writing as soon as
possible following the date you first
knew, or through due diligence should
have known, that the event may cause
or has caused a delay in reporting.
(3) You must provide to the
Administrator:
(i) A written description of the force
majeure event;
(ii) A rationale for attributing the
delay in reporting beyond the regulatory
deadline to the force majeure event;
(iii) A description of measures taken
or to be taken to minimize the delay in
reporting; and
(iv) The date by which you propose to
report, or if you have already met the
reporting requirement at the time of the
notification, the date you reported.
(4) The decision to accept the claim
of force majeure and allow an extension
to the reporting deadline is solely
within the discretion of the
Administrator.
(5) In any circumstance, the reporting
must occur as soon as possible after the
force majeure event occurs.
(j) Any records required to be
maintained by this subpart that are
submitted electronically via the EPA’s
CEDRI may be maintained in electronic
format. This ability to maintain
electronic copies does not affect the
requirement for facilities to make
records, data, and reports available
upon request to a delegated air agency
or the EPA as part of an on-site
compliance evaluation.
3. Revise table 4 to subpart IIII of part
60 to read as follows:
■
TABLE 4 TO SUBPART IIII OF PART 60—EMISSION STANDARDS FOR STATIONARY FIRE PUMP ENGINES
[As stated in §§ 60.4202(d) and 60.4205(c), you must comply with the following emission standards for stationary fire pump engines]
ddrumheller on DSK120RN23PROD with RULES1
Maximum engine power
Model year(s)
KW<8 (HP<11) ................................................
KW<8 (HP<11) ................................................
8≤KW<19 (11≤HP<25) ....................................
8≤KW<19 (11≤HP<25) ....................................
19≤KW<37 (25≤HP<50) ..................................
19≤KW<37 (25≤HP<50) ..................................
37≤KW<56 (50≤HP<75) ..................................
37≤KW<56 (50≤HP<75) ..................................
56≤KW<75 (75≤HP<100) ................................
VerDate Sep<11>2014
19:33 Aug 29, 2024
Jkt 262001
Emission standards for stationary fire pump
engines in g/KW-hr
(g/HP-hr)
2010
2011
2010
2011
2010
2011
2010
2011
2010
PO 00000
and earlier .............................................
+ ............................................................
and earlier .............................................
+ ............................................................
and earlier .............................................
+ ............................................................
and earlier .............................................
+ 1 ..........................................................
and earlier .............................................
Frm 00065
Fmt 4700
Sfmt 4700
NMHC + NOX
CO
10.5
7.5
9.5
7.5
9.5
7.5
10.5
4.7
10.5
8.0
8.0
6.6
6.6
5.5
5.5
5.0
5.0
5.0
E:\FR\FM\30AUR1.SGM
(7.8)
(5.6)
(7.1)
(5.6)
(7.1)
(5.6)
(7.8)
(3.5)
(7.8)
30AUR1
PM
(6.0)
(6.0)
(4.9)
(4.9)
(4.1)
(4.1)
(3.7)
(3.7)
(3.7)
1.0
0.40
0.80
0.40
0.80
0.30
0.80
0.40
0.80
(0.75)
(0.30)
(0.60)
(0.30)
(0.60)
(0.22)
(0.60)
(0.30)
(0.60)
70514
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
TABLE 4 TO SUBPART IIII OF PART 60—EMISSION STANDARDS FOR STATIONARY FIRE PUMP ENGINES—Continued
[As stated in §§ 60.4202(d) and 60.4205(c), you must comply with the following emission standards for stationary fire pump engines]
Maximum engine power
Emission standards for stationary fire pump
engines in g/KW-hr
(g/HP-hr)
Model year(s)
56≤KW<75 (75≤HP<100) ................................
75≤KW<130 (100≤HP<175) ............................
75≤KW<130 (100≤HP<175) ............................
130≤KW<225 (175≤HP<300) ..........................
130≤KW<225 (175≤HP<300) ..........................
225≤KW<450 (300≤HP<600) ..........................
225≤KW<450 (300≤HP<600) ..........................
450≤KW≤560 (600≤HP≤750) ..........................
450≤KW≤560 (600≤HP≤750) ..........................
KW>560 (HP>750) ..........................................
KW>560 (HP>750) ..........................................
2011
2009
2010
2008
2009
2008
2009
2008
2009
2007
2008
+ 1 ..........................................................
and earlier .............................................
+ 2 ..........................................................
and earlier .............................................
+ 3 ..........................................................
and earlier .............................................
+ 3 ..........................................................
and earlier .............................................
+ ............................................................
and earlier .............................................
+ ............................................................
NMHC + NOX
CO
4.7
10.5
4.0
10.5
4.0
10.5
4.0
10.5
4.0
10.5
6.4
5.0
5.0
5.0
3.5
3.5
3.5
3.5
3.5
3.5
3.5
3.5
(3.5)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(4.8)
PM
(3.7)
(3.7)
(3.7)
(2.6)
(2.6)
(2.6)
(2.6)
(2.6)
(2.6)
(2.6)
(2.6)
0.40
0.80
0.30
0.54
0.20
0.54
0.20
0.54
0.20
0.54
0.20
(0.30)
(0.60)
(0.22)
(0.40)
(0.15)
(0.40)
(0.15)
(0.40)
(0.15)
(0.40)
(0.15)
1 For model years 2011–2013, manufacturers, owners and operators of fire pump stationary CI ICE in this engine power category with a rated
speed of greater than 2,650 revolutions per minute (rpm) may comply with the emission limitations for 2010 model year engines.
2 For model years 2010–2012, manufacturers, owners and operators of fire pump stationary CI ICE in this engine power category with a rated
speed of greater than 2,650 rpm may comply with the emission limitations for 2009 model year engines.
3 In model years 2009–2011, manufacturers of fire pump stationary CI ICE in this engine power category with a rated speed of greater than
2,650 rpm may comply with the emission limitations for 2008 model year engines.
*
*
*
*
*
Subpart JJJJ—Standards of
Performance for Stationary Spark
Ignition Internal Combustion Engines
4. Amend § 60.4245 by:
a. Revising paragraph (c) introductory
text, paragraphs (d), and (e)(3); and
■ b. Adding paragraphs (f), (g), (h), (i),
and (j).
The revisions and additions read 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?
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(c) Owners and operators of stationary
SI ICE greater than or equal to 500 HP
that have not been certified by an engine
manufacturer to meet the emission
standards in § 60.4231 must submit an
initial notification as required in
§ 60.7(a)(1). The notification must
include the information in paragraphs
(c)(1) through (5) of this section.
Beginning on February 26, 2025 submit
the notification electronically according
to paragraph (g) of this section.
*
*
*
*
*
(d) Owners and operators of stationary
SI ICE that are subject to performance
testing must submit a copy of each
performance test as conducted in
§ 60.4244 within 60 days after the test
has been completed. Performance test
reports using EPA Method 18, EPA
Method 320, or ASTM D6348–03
(incorporated by reference—see 40 CFR
60.17) to measure VOC require reporting
of all QA/QC data. For Method 18,
report results from sections 8.4 and
VerDate Sep<11>2014
19:33 Aug 29, 2024
Jkt 262001
11.1.1.4; for Method 320, report results
from sections 8.6.2, 9.0, and 13.0; and
for ASTM D6348–03 report results of all
QA/QC procedures in Annexes 1–7.
Beginning on February 26, 2025,
performance tests must be reported
electronically according to paragraph (f)
of this section.
(e) * * *
(3) The annual report must be
submitted electronically using the
subpart specific reporting form in the
Compliance and Emissions Data
Reporting Interface (CEDRI) that is
accessed through EPA’s Central Data
Exchange (CDX) (https://cdx.epa.gov/).
However, if the reporting form specific
to this subpart is not available in CEDRI
at the time that the report is due, the
written report must be submitted to the
Administrator at the appropriate
address listed in § 60.4. Beginning on
February 26, 2025, submit annual report
electronically according to paragraph (g)
of this section.
(f) Beginning on February 26, 2025,
within 60 days after the date of
completing each performance test, you
must submit the results following the
procedures specified in paragraph (g) of
this section. Data collected using test
methods that are supported by the
EPA’s Electronic Reporting Tool (ERT)
as listed on the EPA’s ERT website
(https://www.epa.gov/electronicreporting-air-emissions/electronicreporting-tool-ert) at the time of the test
must be submitted in a file format
generated using the EPA’s ERT.
Alternatively, you may submit an
electronic file consistent with the
extensible markup language (XML)
schema listed on the EPA’s ERT
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
website. Data collected using test
methods that are not supported by the
EPA’s ERT as listed on the EPA’s ERT
website at the time of the test must be
included as an attachment in the ERT or
an alternate electronic file.
(g) If you are required to submit
notifications or reports following the
procedure specified in this paragraph
(g), you must submit notifications or
reports to the EPA via the Compliance
and Emissions Data Reporting Interface
(CEDRI), which can be accessed through
the EPA’s Central Data Exchange (CDX)
(https://cdx.epa.gov/). The EPA will
make all the information submitted
through CEDRI available to the public
without further notice to you. Do not
use CEDRI to submit information you
claim as CBI. Although we do not
expect persons to assert a claim of CBI,
if you wish to assert a CBI claim for
some of the information in the report or
notification, you must submit a
complete file in the format specified in
this subpart, including information
claimed to be CBI, to the EPA following
the procedures in paragraphs (g)(1) and
(2) of this section. Clearly mark the part
or all of the information that you claim
to be CBI. Information not marked as
CBI may be authorized for public release
without prior notice. Information
marked as CBI will not be disclosed
except in accordance with procedures
set forth in 40 CFR part 2. All CBI
claims must be asserted at the time of
submission. Anything submitted using
CEDRI cannot later be claimed CBI.
Furthermore, under CAA section 114(c),
emissions data is not entitled to
confidential treatment, and the EPA is
required to make emissions data
E:\FR\FM\30AUR1.SGM
30AUR1
ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
available to the public. Thus, emissions
data will not be protected as CBI and
will be made publicly available. You
must submit the same file submitted to
the CBI office with the CBI omitted to
the EPA via the EPA’s CDX as described
earlier in this paragraph (g).
(1) The preferred method to receive
CBI is for it to be transmitted
electronically using email attachments,
File Transfer Protocol, or other online
file sharing services. Electronic
submissions must be transmitted
directly to the OAQPS CBI Office at the
email address oaqpscbi@epa.gov, and as
described in paragraph (g) of this
section, should include clear CBI
markings. ERT files should be flagged to
the attention of the Group Leader,
Measurement Policy Group; all other
files should be flagged to the attention
of the Stationary Spark Ignition Internal
Combustion Engine Sector Lead. If
assistance is needed with submitting
large electronic files that exceed the file
size limit for email attachments, and if
you do not have your own file sharing
service, please email oaqpscbi@epa.gov
to request a file transfer link.
(2) If you cannot transmit the file
electronically, you may send CBI
information through the postal service
to the following address: OAQPS
Document Control Officer (C404–02),
OAQPS, U.S. Environmental Protection
Agency, 109 T.W. Alexander Drive, P.O.
Box 12055, Research Triangle Park,
North Carolina 27711. ERT files should
be sent to the attention of the Group
Leader, Measurement Policy Group, and
all other files should be sent to the
attention of the Stationary Spark
Ignition Internal Combustion Engine
Sector Lead. The mailed CBI material
should be double wrapped and clearly
marked. Any CBI markings should not
show through the outer envelope.
(h) If you are required to
electronically submit a report through
CEDRI in the EPA’s CDX, you may
assert a claim of EPA system outage for
failure to timely comply with that
reporting requirement. To assert a claim
of EPA system outage, you must meet
the requirements outlined in paragraphs
(h)(1) through (7) of this section.
(1) You must have been or will be
precluded from accessing CEDRI and
submitting a required report within the
time prescribed due to an outage of
either the EPA’s CEDRI or CDX systems.
(2) The outage must have occurred
within the period of time beginning five
business days prior to the date that the
submission is due.
(3) The outage may be planned or
unplanned.
(4) You must submit notification to
the Administrator in writing as soon as
VerDate Sep<11>2014
19:33 Aug 29, 2024
Jkt 262001
possible following the date you first
knew, or through due diligence should
have known, that the event may cause
or has caused a delay in reporting.
(5) You must provide to the
Administrator a written description
identifying:
(i) The date(s) and time(s) when CDX
or CEDRI was accessed and the system
was unavailable;
(ii) A rationale for attributing the
delay in reporting beyond the regulatory
deadline to EPA system outage;
(iii) A description of measures taken
or to be taken to minimize the delay in
reporting; and
(iv) The date by which you propose to
report, or if you have already met the
reporting requirement at the time of the
notification, the date you reported.
(6) The decision to accept the claim
of EPA system outage and allow an
extension to the reporting deadline is
solely within the discretion of the
Administrator.
(7) In any circumstance, the report
must be submitted electronically as
soon as possible after the outage is
resolved.
(i) If you are required to electronically
submit a report through CEDRI in the
EPA’s CDX, you may assert a claim of
force majeure for failure to timely
comply with that reporting requirement.
To assert a claim of force majeure, you
must meet the requirements outlined in
paragraphs (i)(1) through (5) of this
section.
(1) You may submit a claim if a force
majeure event is about to occur, occurs,
or has occurred or there are lingering
effects from such an event within the
period of time beginning five business
days prior to the date the submission is
due. For the purposes of this section, a
force majeure event is defined as an
event that will be or has been caused by
circumstances beyond the control of the
affected facility, its contractors, or any
entity controlled by the affected facility
that prevents you from complying with
the requirement to submit a report
electronically within the time period
prescribed. Examples of such events are
acts of nature (e.g., hurricanes,
earthquakes, or floods), acts of war or
terrorism, or equipment failure or safety
hazard beyond the control of the
affected facility (e.g., large scale power
outage).
(2) You must submit notification to
the Administrator in writing as soon as
possible following the date you first
knew, or through due diligence should
have known, that the event may cause
or has caused a delay in reporting.
(3) You must provide to the
Administrator:
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
70515
(i) A written description of the force
majeure event;
(ii) A rationale for attributing the
delay in reporting beyond the regulatory
deadline to the force majeure event;
(iii) A description of measures taken
or to be taken to minimize the delay in
reporting; and
(iv) The date by which you propose to
report, or if you have already met the
reporting requirement at the time of the
notification, the date you reported.
(4) The decision to accept the claim
of force majeure and allow an extension
to the reporting deadline is solely
within the discretion of the
Administrator.
(5) In any circumstance, the reporting
must occur as soon as possible after the
force majeure event occurs.
(j) Any records required to be
maintained by this subpart that are
submitted electronically via the EPA’s
CEDRI may be maintained in electronic
format. This ability to maintain
electronic copies does not affect the
requirement for facilities to make
records, data, and reports available
upon request to a delegated air agency
or the EPA as part of an on-site
compliance evaluation.
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
5. 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
6. Amend § 63.6603 by revising
paragraphs (c)(1) through (4) to read as
follows:
■
§ 63.6603 What emission limitations,
operating limitations, and other
requirements must I meet if I own or
operate an existing stationary RICE located
at an area source of HAP emissions?
*
*
*
*
*
(c) * * *
(1) Change oil every 1,000 hours of
operation or within 1 year + 30 days of
the previous change, whichever comes
first. Sources have the option to utilize
an oil analysis program as described in
§ 63.6625(i) in order to extend the
specified oil change requirement.
(2) Inspect and clean air filters every
750 hours of operation or within 1 year
+ 30 days of the previous inspection,
whichever comes first, and replace as
necessary.
E:\FR\FM\30AUR1.SGM
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Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
(3) Inspect fuel filters and belts, if
installed, every 750 hours of operation
or within 1 year + 30 days of the
previous inspection, whichever comes
first, and replace as necessary.
(4) Inspect all flexible hoses every
1,000 hours of operation or within 1
year + 30 days of the previous
inspection, whichever comes first, and
replace as necessary.
*
*
*
*
*
■ 7. Amend § 63.6620 by adding
paragraph (j) to read as follows:
§ 63.6620 What performance tests and
other procedures must I use?
*
*
*
*
*
(j) Beginning on February 26, 2025,
within 60 days after the date of
completing each performance test
required by this subpart, you must
submit the results of the performance
test following the procedure specified in
§ 63.9(k). Data collected using test
methods supported by the EPA’s
Electronic Reporting Tool (ERT) as
listed on the EPA’s ERT website
(https://www.epa.gov/electronicreporting-air-emissions/electronicreporting-tool-ert) at the time of the test
must be submitted in a file format
generated using the EPA’s ERT.
Alternatively, you may submit an
electronic file consistent with the
extensible markup language (XML)
schema listed on the EPA’s ERT
website. Data collected using test
methods that are not supported by the
EPA’s ERT as listed on the EPA’s ERT
website at the time of the test must be
included as an attachment in the ERT or
alternate electronic file.
■ 8. Amend § 63.6625 by:
■ a. Adding paragraph (a)(5); and
■ b. Revising paragraphs (i) and (j).
The additions and revisions read as
follows:
§ 63.6625 What are my monitoring,
installation, collection, operation, and
maintenance requirements?
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(a) * * *
(5) Beginning on February 26, 2025,
within 60 days after the date of
completing each continuous emissions
monitoring system (CEMS) performance
evaluation (as defined in § 63.2) that
includes a relative accuracy test audit
(RATA), you must submit the results of
the performance evaluation following
the procedures specified in § 63.9(k).
The results of performance evaluations
of CEMS measuring RATA pollutants
that are supported by the EPA’s ERT as
listed on the EPA’s ERT website at the
time of the evaluation must be
submitted in a file format generated
using the EPA’s ERT. Alternatively, you
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may submit an electronic file consistent
with the XML schema listed on the
EPA’s ERT website. The results of
performance evaluations of CEMS
measuring RATA pollutants that are not
supported by the EPA’s ERT as listed on
the EPA’s ERT website at the time of the
evaluation must be included as an
attachment in the ERT or alternate
electronic file.
*
*
*
*
*
(i) If you own or operate a stationary
CI engine that is subject to the work,
operation or management practices in
items 1 or 2 of table 2c to this subpart
or in items 1 or 4 of table 2d to this
subpart, you have the option of utilizing
an oil analysis program in order to
extend the specified oil and filter
change requirement in tables 2c and 2d
to this subpart. The oil analysis must be
performed at the same frequency
specified for changing the oil and filter
in table 2c or 2d to this subpart. The
analysis program must at a minimum
analyze the following three parameters:
Total Base Number, viscosity, and
percent water content. The condemning
limits for these parameters are as
follows: Total Base Number is less than
30 percent of the Total Base Number of
the oil when new; viscosity of the oil
has changed by more than 20 percent
from the viscosity of the oil when new;
or percent water content (by volume) is
greater than 0.5. If all of these
condemning limits are not exceeded, the
engine owner or operator is not required
to change the oil and filter. If any of the
limits are exceeded, the engine owner or
operator must change the oil and filter
within 2 business days of receiving the
results of the analysis; if the engine is
not in operation when the results of the
analysis are received, the engine owner
or operator must change the oil and
filter within 2 business days or before
commencing operation, whichever is
later. The owner or operator must keep
records of the parameters that are
analyzed as part of the program, the
results of the analysis, and the oil and
filter changes for the engine. The
analysis program must be part of the
maintenance plan for the engine.
(j) If you own or operate a stationary
SI engine that is subject to the work,
operation or management practices in
items 6, 7, or 8 of table 2c to this subpart
or in items 5, 6, 7, 8, 10, 11, or 13 of
table 2d to this subpart, you have the
option of utilizing an oil analysis
program in order to extend the specified
oil and filter change requirement in
tables 2c and 2d to this subpart. The oil
analysis must be performed at the same
frequency specified for changing the oil
and filter in table 2c or 2d to this
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subpart. The analysis program must at a
minimum analyze the following three
parameters: Total Acid Number,
viscosity, and percent water content.
The condemning limits for these
parameters are as follows: Total Acid
Number increases by more than 3.0
milligrams of potassium hydroxide
(KOH) per gram from Total Acid
Number of the oil when new; viscosity
of the oil has changed by more than 20
percent from the viscosity of the oil
when new; or percent water content (by
volume) is greater than 0.5. If all of
these condemning limits are not
exceeded, the engine owner or operator
is not required to change the oil and
filter. If any of the limits are exceeded,
the engine owner or operator must
change the oil and filter within 2
business days of receiving the results of
the analysis; if the engine is not in
operation when the results of the
analysis are received, the engine owner
or operator must change the oil and
filter within 2 business days or before
commencing operation, whichever is
later. The owner or operator must keep
records of the parameters that are
analyzed as part of the program, the
results of the analysis, and the oil and
filter changes for the engine. The
analysis program must be part of the
maintenance plan for the engine.
■ 9. Amend § 63.6645 by:
■ a. Revising paragraphs (b), (c), (d), (e),
(h)(2) introductory text; and
■ b. Adding paragraphs (h)(2)(i) and (ii).
The revisions and additions read as
follows:
§ 63.6645 What notifications must I submit
and when?
*
*
*
*
*
(b) As specified in § 63.9(b)(2), if you
start up your stationary RICE with a site
rating of more than 500 brake HP
located at a major source of HAP
emissions before the effective date of
this subpart, you must submit an initial
notification not later than December 13,
2004, or no later than 120 days after the
source becomes subject to this subpart,
whichever is later. Beginning on
February 26, 2025, submit the
notification electronically in portable
document format (PDF) consistent with
§ 63.9(k).
(c) If you start up your new or
reconstructed stationary RICE with a
site rating of more than 500 brake HP
located at a major source of HAP
emissions on or after August 16, 2004,
you must submit an initial notification
not later than 120 days after you become
subject to this subpart. Beginning on
February 26, 2025, submit the
notification electronically in PDF
consistent with § 63.9(k).
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(d) As specified in § 63.9(b)(2), if you
start up your stationary RICE with a site
rating of equal to or less than 500 brake
HP located at a major source of HAP
emissions before the effective date of
this subpart and you are required to
submit an initial notification, you must
submit an initial notification not later
than July 16, 2008, or no later than 120
days after the source becomes subject to
this subpart, whichever is later.
Beginning on February 26, 2025, submit
the notification electronically in PDF
consistent with § 63.9(k).
(e) If you start up your new or
reconstructed stationary RICE with a
site rating of equal to or less than 500
brake HP located at a major source of
HAP emissions on or after March 18,
2008, and you are required to submit an
initial notification, you must submit an
initial notification not later than 120
days after you become subject to this
subpart. Beginning on February 26,
2025, submit the notification
electronically in PDF consistent with
§ 63.9(k).
*
*
*
*
*
(h) * * *
(2) Before February 26, 2025, for each
initial compliance demonstration
required in table 5 to this subpart that
includes a performance test conducted
according to the requirements in table 3
to this subpart, you must submit the
Notification of Compliance Status,
including the performance test results,
before the close of business on the 60th
day following the completion of the
performance test according to
§ 63.10(d)(2). Beginning on February 26,
2025, for each initial compliance
demonstration required in table 5 to this
subpart that includes a performance test
conducted according to the
requirements in table 3 to this subpart,
you must submit the Notification of
Compliance Status, including a
summary of the performance test
results, in PDF to the EPA via the
Compliance and Emissions Data
Reporting Interface (CEDRI), before the
close of business on the 60th day
following the completion of the
performance test following the
procedure specified in § 63.9(k), except
any Confidential Business Information
(CBI) is to be submitted according to
paragraphs (h)(2)(i) and (ii) of this
section. Do not use CEDRI to submit
information you claim as CBI. Although
we do not expect persons to assert a
claim of CBI, if you wish to assert a CBI
claim for some of the information in the
report, you must submit a complete file,
including information claimed to be
CBI, to the EPA following the
procedures in paragraphs (h)(2)(i) and
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(ii) of this section. Clearly mark the part
or all of the information that you claim
to be CBI. Information not marked as
CBI may be authorized for public release
without prior notice. Information
marked as CBI will not be disclosed
except in accordance with procedures
set forth in 40 CFR part 2. All CBI
claims must be asserted at the time of
submission. Anything submitted using
CEDRI cannot later be claimed CBI.
Furthermore, under CAA section 114(c),
emissions data is not entitled to
confidential treatment, and the EPA is
required to make emissions data
available to the public. Thus, emissions
data will not be protected as CBI and
will be made publicly available. You
must submit the same file submitted to
the CBI office with the CBI omitted to
the EPA via the EPA’s CDX as described
earlier in this paragraph (h)(2).
(i) The preferred method to receive
CBI is for it to be transmitted
electronically using email attachments,
File Transfer Protocol, or other online
file sharing services. Electronic
submissions must be transmitted
directly to the OAQPS CBI Office at the
email address oaqpscbi@epa.gov, and as
described in paragraph (h)(2) of this
section, should include clear CBI
markings and be flagged to the attention
of the Reciprocating Internal
Combustion Engine Sector Lead. If
assistance is needed with submitting
large electronic files that exceed the file
size limit for email attachments, and if
you do not have your own file sharing
service, please email oaqpscbi@epa.gov
to request a file transfer link.
(ii) If you cannot transmit the file
electronically, you may send CBI
information through the postal service
to the following address: OAQPS
Document Control Officer (C404–02),
OAQPS, U.S. Environmental Protection
Agency, 109 T.W. Alexander Drive, P.O.
Box 12055, Research Triangle Park,
North Carolina 27711, Attention
Reciprocating Internal Combustion
Engine Sector Lead. The mailed CBI
material should be double wrapped and
clearly marked. Any CBI markings
should not show through the outer
envelope.
*
*
*
*
*
■ 10. Amend § 63.6650 by:
■ a. Revising paragraph (c) introductory
text and paragraph (c)(4);
■ b. Adding paragraphs (c)(7) through
(9);
■ c. Revising paragraphs (d), (e)
introductory text, paragraphs (e)(2), (3),
and (5) through (7);
■ d. Removing and reserving paragraph
(e)(9);
■ e. Adding paragraph (e)(13);
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70517
f. Revising paragraphs (f), (h)(1)(iii),
(ix), and (h)(3); and
■ g. Adding paragraph (i).
The revisions and additions read as
follows:
■
§ 63.6650
when?
What reports must I submit and
*
*
*
*
*
(c) The Compliance report must
contain the information in paragraphs
(c)(1) through (8) of this section.
*
*
*
*
*
(4) If you had a malfunction during
the reporting period, the compliance
report must include the starting and
ending date and time, the duration (in
hours), and a brief description for each
malfunction which occurred during the
reporting period and which caused or
may have caused any applicable
emission limitation to be exceeded. The
report must also include a description of
actions taken by an owner or operator
during a malfunction of an affected
source to minimize emissions in
accordance with § 63.6605(b), including
actions taken to correct a malfunction.
*
*
*
*
*
(7) Engine site rating in brake HP, year
construction of the engine commenced
(as defined in § 63.2, where the exact
year is not known, provide the best
estimate), and type of engine (CI, SI
2SLB, SI 4SLB, or SI 4SRB).
(8) Latitude and longitude of the
engine in decimal degrees reported to
the fifth decimal place.
(9) An engine can be claimed as
exempt from reporting coordinates
(latitude/longitude) via CEDRI if:
(i) During the reporting period, the
engine will be owned by, or operated by
or for, an agency of the Federal
Government responsible for national
defense; and
(ii) The agency determines that
disclosing the coordinates to the general
public would be a threat to national
security.
(d) For each deviation from an
emission or operating limitation that
occurs for a stationary RICE where you
are not using a CMS to comply with the
emission or operating limitations in this
subpart, the Compliance report must
contain the information in paragraphs
(c)(1) through (8) of this section and the
information in paragraphs (d)(1) and (2)
of this section.
(1) The total operating time (in hours)
of the stationary RICE at which the
deviation occurred during the reporting
period.
(2) Information on the number,
duration (in hours), and cause of
deviations (including unknown cause, if
applicable), as applicable, and the
corrective action taken.
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(3) A description of any changes in
processes, or controls since the last
reporting period.
(e) For each deviation from an
emission or operating limitation
occurring for a stationary RICE where
you are using a CMS to comply with the
emission and operating limitations in
this subpart, you must include
information in paragraphs (c)(1) through
(8) and (e)(1) through (13) of this
section.
*
*
*
*
*
(2) The start and end date and time
and the duration (in hours) that each
CMS was inoperative, except for zero
(low-level) and high-level checks.
(3) The start and end date and time
and the duration (in hours) that each
CMS was out-of-control, including the
information in § 63.8(c)(8).
*
*
*
*
*
(5) A summary of the total duration
(in hours) of the deviation during the
reporting period, and the total duration
as a percent of the total source operating
time during that reporting period.
(6) A breakdown of the total duration
(in hours) of the deviations during the
reporting period into those that are due
to control equipment problems, process
problems, other known causes, and
other unknown causes.
(7) A summary of the total duration
(in hours) of CMS downtime during the
reporting period, and the total duration
of CMS downtime as a percent of the
total operating time of the stationary
RICE at which the CMS downtime
occurred during that reporting period.
*
*
*
*
*
(13) The total operating time of the
stationary RICE at which the deviation
occurred during the reporting period.
(f) Each affected source that has
obtained a title V operating permit
pursuant to 40 CFR part 70 or 71 must
report all deviations as defined in this
subpart in the semiannual monitoring
report required by 40 CFR 70.6
(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A).
If an affected source submits a
Compliance report pursuant to table 7 of
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this subpart along with, or as part of, the
semiannual monitoring report required
by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), and the Compliance
report includes all required information
concerning deviations from any
emission or operating limitation in this
subpart, submission of the Compliance
report shall be deemed to satisfy any
obligation to report the same deviations
in the semiannual monitoring report.
However, submission of a Compliance
report shall not otherwise affect any
obligation the affected source may have
to report deviations from permit
requirements to the permit authority.
Beginning on February 26, 2025, the
semiannual and annual compliance
report required in table 7 of this subpart
must be submitted according to
paragraph (i) of this section. Only those
elements required under this subpart are
required to be submitted according to
paragraph (i) of this section.
*
*
*
*
*
(h) * * *
(1) * * *
(iii) Engine site rating in brake HP,
year construction of the engine
commenced (as defined in § 63.2, where
the exact year is not known, provide the
best estimate), and type of engine (CI, SI
2SLB, SI 4SLB, or SI 4SRB).
*
*
*
*
*
(ix) If there were deviations from the
fuel requirements in § 63.6604 that
apply to the engine (if any), information
on the number, duration (in hours), and
cause of deviations, and the corrective
action taken.
*
*
*
*
*
(3) Before February 26, 2025, the
annual report must be submitted
electronically using the subpart specific
reporting form in the Compliance and
Emissions Data Reporting Interface
(CEDRI) that is accessed through EPA’s
Central Data Exchange (CDX) (https://
cdx.epa.gov/). However, if the reporting
form specific to this subpart is not
available in CEDRI at the time that the
report is due, the written report must be
submitted to the Administrator at the
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appropriate address listed in § 63.13.
Beginning on February 26, 2025, the
annual report must be submitted
according to paragraph (i) of this
section.
(i) Beginning on February 26, 2025 for
the annual report specified in
§ 63.6650(h) and February 26, 2025 or
one year after the report becomes
available in CEDRI, whichever is later
for all other semiannual or annual
reports, submit all semiannual and
annual subsequent compliance reports
using the appropriate electronic report
template on the CEDRI website (https://
www.epa.gov/electronic-reporting-airemissions/cedri) for this subpart and
following the procedure specified in
§ 63.9(k), except any CBI must be
submitted according to the procedures
in § 63.6645(h). The date report
templates become available will be
listed on the CEDRI website. Unless the
Administrator or delegated state agency
or other authority has approved a
different schedule for submission of
reports, the report must be submitted by
the deadline specified in this subpart,
regardless of the method in which the
report is submitted.
■ 11. Amend § 63.6655 by revising
paragraph (a)(2) to read as follows:
§ 63.6655
What records must I keep?
(a) * * *
(2) Records of the occurrence and
duration (in hours) of each malfunction
of operation (i.e., process equipment) or
the air pollution control and monitoring
equipment.
*
*
*
*
*
■ 12. Amend § 63.6670 by adding
paragraph (c)(6) to read as follows:
§ 63.6670 Who implements and enforces
this subpart?
*
*
*
*
*
(c) * * *
(6) Approval of an alternative to any
electronic reporting to the EPA required
by this subpart.
■ 13. Revise Table 2c to subpart ZZZZ
of part 63 to read as follows:
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70519
TABLE 2c TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING COMPRESSION IGNITION STATIONARY RICE
LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS AND EXISTING SPARK IGNITION STATIONARY RICE >500 HP LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS
[As stated in §§ 63.6600, 63.6602, and 63.6640, you must comply with the following requirements for existing compression ignition stationary
RICE located at a major source of HAP emissions and existing spark ignition stationary RICE ≤500 HP located at a major source of HAP
emissions]
For each . . .
You must meet the following requirement, except
during periods of startup . . .
During periods of startup you must . . .
1. Emergency stationary CI RICE and black start stationary CI RICE 1.
a. Change oil and filter every 500 hours of operation
or within 1 year + 30 days of the previous change,
whichever comes first 2.
b. Inspect air cleaner every 1,000 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary;
c. Inspect all hoses and belts every 500 hours of operation or within 1 year + 30 days of the previous
inspection, whichever comes first, and replace as
necessary 3.
a. Change oil and filter every 1,000 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first 2.
b. Inspect air cleaner every 1,000 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary;
c. Inspect all hoses and belts every 500 hours of operation or within 1 year + 30 days of the previous
inspection, whichever comes first, and replace as
necessary 3.
Limit concentration of CO in the stationary RICE exhaust to 230 ppmvd or less at 15 percent O2.
a. Limit concentration of CO in the stationary RICE
exhaust to 49 ppmvd or less at 15 percent O2; or
b. Reduce CO emissions by 70 percent or more.
a. Limit concentration of CO in the stationary RICE
exhaust to 23 ppmvd or less at 15 percent O2; or
b. Reduce CO emissions by 70 percent or more.
a. Change oil and filter every 500 hours of operation
or within 1 year + 30 days of the previous change,
whichever comes first; 2
b. Inspect spark plugs every 1,000 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary;
c. Inspect all hoses and belts every 500 hours of operation or within 1 year + 30 days of the previous
inspection, whichever comes first, and replace as
necessary 3.
a. Change oil and filter every 1,440 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 2
b. Inspect spark plugs every 1,440 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary.
c. Inspect all hoses and belts every 1,440 hours of
operation or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary 3.
a. Change oil and filter every 4,320 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 2
b. Inspect spark plugs every 4,320 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary;
c. Inspect all hoses and belts every 4,320 hours of
operation or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary 3.
Limit concentration of CO in the stationary RICE exhaust to 225 ppmvd or less at 15 percent O2.
Limit concentration of CO in the stationary RICE exhaust to 47 ppmvd or less at 15 percent O2.
Limit concentration of formaldehyde in the stationary
RICE exhaust to 10.3 ppmvd or less at 15 percent
O2.
Minimize the engine’s time spent at idle and minimize
the engine’s startup time at startup to a period
needed for appropriate and safe loading of the engine, not to exceed 30 minutes, after which time
the non-startup emission limitations apply.3
2. Non-Emergency, non-black start stationary CI
RICE <100 HP.
3. Non-Emergency, non-black start CI stationary
RICE 100≤HP≤300 HP.
4. Non-Emergency, non-black start CI stationary
RICE 300500 HP.
6. Emergency stationary SI RICE and black start stationary SI RICE.1.
7. Non-Emergency, non-black start stationary SI RICE
<100 HP that are not 2SLB stationary RICE.
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8. Non-Emergency, non-black start 2SLB stationary
SI RICE <100 HP.
9. Non-emergency, non-black start 2SLB stationary
RICE 100≤HP≤500.
10. Non-emergency, non-black start 4SLB stationary
RICE 100≤HP≤500.
11. Non-emergency, non-black start 4SRB stationary
RICE 100≤HP≤500.
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TABLE 2c TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING COMPRESSION IGNITION STATIONARY RICE
LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS AND EXISTING SPARK IGNITION STATIONARY RICE >500 HP LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS—Continued
[As stated in §§ 63.6600, 63.6602, and 63.6640, you must comply with the following requirements for existing compression ignition stationary
RICE located at a major source of HAP emissions and existing spark ignition stationary RICE ≤500 HP located at a major source of HAP
emissions]
For each . . .
You must meet the following requirement, except
during periods of startup . . .
12. Non-emergency, non-black start stationary RICE
100≤HP≤500 which combusts landfill or digester
gas equivalent to 10 percent or more of the gross
heat input on an annual basis.
Limit concentration of CO in the stationary RICE exhaust to 177 ppmvd or less at 15 percent O2.
During periods of startup you must . . .
1 If an emergency engine is operating during an emergency and it is not possible to shut down the engine in order to perform the work practice requirements on the
schedule required in table 2c of this subpart, or if performing the work practice on the required schedule would otherwise pose an unacceptable risk under Federal,
state, or local law, the work practice can be delayed until the emergency is over or the unacceptable risk under Federal, state, or local law has abated. The work
practice should be performed as soon as practicable after the emergency has ended or the unacceptable risk under Federal, state, or local law has abated. Sources
must report any failure to perform the work practice on the schedule required and the Federal, state or local law under which the risk was deemed unacceptable.
2 Sources have the option to utilize an oil analysis program as described in § 63.6625(i) or (j) in order to extend the specified oil change requirement in table 2c of
this subpart.
3 Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.6(g) for alternative work practices.
■ 14. Revise Table 2d to subpart ZZZZ
of part 63 to read as follows:
TABLE 2d TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING STATIONARY RICE LOCATED AT AREA
SOURCES OF HAP EMISSIONS
[As stated in §§ 63.6603 and 63.6640, you must comply with the following requirements for existing stationary RICE located at area sources of
HAP emissions:]
For each . . .
You must meet the following requirement, except
during periods of startup . . .
During periods of startup you must . . .
1. Non-Emergency, non-black start CI stationary
RICE ≤300 HP.
a. Change oil and filter every 1,000 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 1
b. Inspect air cleaner every 1,000 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary;
c. Inspect all hoses and belts every 500 hours of operation or within 1 year + 30 days of the previous
inspection, whichever comes first, and replace as
necessary.
a. Limit concentration of CO in the stationary RICE
exhaust to 49 ppmvd at 15 percent O2; or
b. Reduce CO emissions by 70 percent or more.
a. Limit concentration of CO in the stationary RICE
exhaust to 23 ppmvd at 15 percent O2; or
b. Reduce CO emissions by 70 percent or more.
a. Change oil and filter every 500 hours of operation
or within 1 year + 30 days of the previous change,
whichever comes first; 1
b. Inspect air cleaner every 1,000 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary; and
c. Inspect all hoses and belts every 500 hours of operation or within 1 year + 30 days of the previous
inspection, whichever comes first, and replace as
necessary.
a. Change oil and filter every 500 hours of operation
or within 1 year + 30 days of the previous change,
whichever comes first; 1
b. Inspect spark plugs every 1,000 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary; and
c. Inspect all hoses and belts every 500 hours of operation or within 1 year + 30 days of the previous
inspection, whichever comes first, and replace as
necessary.
a. Change oil and filter every 4,320 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 1
b. Inspect spark plugs every 4,320 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary; and
Minimize the engine’s time spent at idle and minimize
the engine’s startup time at startup to a period
needed for appropriate and safe loading of the engine, not to exceed 30 minutes, after which time
the non-startup emission limitations apply.
2. Non-Emergency, non-black start CI stationary
RICE 300500 HP.
4. Emergency stationary CI RICE and black start stationary CI RICE.2
ddrumheller on DSK120RN23PROD with RULES1
5. Emergency stationary SI RICE; black start stationary SI RICE; non-emergency, non-black start
4SLB stationary RICE >500 HP that operate 24
hours or less per calendar year; non-emergency,
non-black start 4SRB stationary RICE >500 HP that
operate 24 hours or less per calendar year.2
6. Non-emergency, non-black start 2SLB stationary
RICE.
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Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
70521
TABLE 2d TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING STATIONARY RICE LOCATED AT AREA
SOURCES OF HAP EMISSIONS—Continued
[As stated in §§ 63.6603 and 63.6640, you must comply with the following requirements for existing stationary RICE located at area sources of
HAP emissions:]
You must meet the following requirement, except
during periods of startup . . .
For each . . .
7. Non-emergency, non-black start 4SLB stationary
RICE ≤500 HP.
8. Non-emergency, non-black start 4SLB remote stationary RICE >500 HP.
9. Non-emergency, non-black start 4SLB stationary
RICE >500 HP that are not remote stationary RICE
and that operate more than 24 hours per calendar
year.
10. Non-emergency, non-black start 4SRB stationary
RICE ≤500 HP.
11. Non-emergency, non-black start 4SRB remote
stationary RICE >500 HP.
ddrumheller on DSK120RN23PROD with RULES1
12. Non-emergency, non-black start 4SRB stationary
RICE >500 HP that are not remote stationary RICE
and that operate more than 24 hours per calendar
year.
13. Non-emergency, non-black start stationary RICE
which combusts landfill or digester gas equivalent
to 10 percent or more of the gross heat input on an
annual basis.
During periods of startup you must . . .
c. Inspect all hoses and belts every 4,320 hours of
operation or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary.
a. Change oil and filter every 1,440 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 1
b. Inspect spark plugs every 1,440 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary; and
c. Inspect all hoses and belts every 1,440 hours of
operation or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary.
a. Change oil and filter every 2,160 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 1
b. Inspect spark plugs every 2,160 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary; and
c. Inspect all hoses and belts every 2,160 hours of
operation or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary.
Install an oxidation catalyst to reduce HAP emissions
from the stationary RICE.
a. Change oil and filter every 1,440 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 1
b. Inspect spark plugs every 1,440 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary; and
c. Inspect all hoses and belts every 1,440 hours of
operation or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary.
a. Change oil and filter every 2,160 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 1
b. Inspect spark plugs every 2,160 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary; and
c. Inspect all hoses and belts every 2,160 hours of
operation or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary.
Install NSCR to reduce HAP emissions from the stationary RICE.
a. Change oil and filter every 1,440 hours of operation or within 1 year + 30 days of the previous
change, whichever comes first; 1
b. Inspect spark plugs every 1,440 hours of operation
or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary; and
c. Inspect all hoses and belts every 1,440 hours of
operation or within 1 year + 30 days of the previous inspection, whichever comes first, and replace as necessary.
1 Sources have the option to utilize an oil analysis program as described in § 63.6625(i) or (j) in order to extend the specified oil change requirement in table 2d of
this subpart.
2 If an emergency engine is operating during an emergency and it is not possible to shut down the engine in order to perform the management practice requirements on the schedule required in table 2d of this subpart, or if performing the management practice on the required schedule would otherwise pose an unacceptable
risk under Federal, state, or local law, the management practice can be delayed until the emergency is over or the unacceptable risk under Federal, state, or local law
has abated. The management practice should be performed as soon as practicable after the emergency has ended or the unacceptable risk under Federal, state, or
local law has abated. Sources must report any failure to perform the management practice on the schedule required and the Federal, state or local law under which
the risk was deemed unacceptable.
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70522
*
*
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
*
*
*
15. Revise Table 7 to subpart ZZZZ of
part 63 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, non-black
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 nonemergency, 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 outof-control during the reporting period; or
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)(1)–(5)
and (i) 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) and (i)
for engines that are limited use stationary RICE subject to numerical
emission limitations.
i. Semiannually according to the requirements in § 63.6650(b) and (i).
a. The information in § 63.6650(h)(1) ..
i. Annually according to the requirements in § 63.6650(h)(2)–(3) and (i).
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).
Report ........................
Compliance report .....
Report ........................
i. Semiannually according to the requirements in § 63.6650(b) and (i).
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)
and (i).
16. Revise Table 8 to subpart ZZZZ of
part 63 to read as follows:
■
ddrumheller on DSK120RN23PROD with RULES1
TABLE 8 TO SUBPART ZZZZ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ
[As stated in § 63.6665, you must comply with the following applicable general provisions]
General provisions citation
Subject of citation
§ 63.1 ...................................................
General applicability of the General
Provisions.
Definitions ............................................
Units and abbreviations .......................
Prohibited activities and circumvention
§ 63.2 ...................................................
§ 63.3 ...................................................
§ 63.4 ...................................................
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Applies to subpart
Explanation
Yes.
Yes ............................
Yes.
Yes.
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Additional terms defined in § 63.6675.
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Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
70523
TABLE 8 TO SUBPART ZZZZ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ—Continued
[As stated in § 63.6665, you must comply with the following applicable general provisions]
General provisions citation
Subject of citation
§ 63.5 ...................................................
§ 63.6(a) ...............................................
§ 63.6(b)(1)–(4) ....................................
Yes.
Yes.
Yes.
§ 63.6(j) ................................................
§ 63.7(a)(1)–(2) ....................................
Construction and reconstruction .........
Applicability ..........................................
Compliance dates for new and reconstructed sources.
Notification ...........................................
[Reserved].
Compliance dates for new and reconstructed area sources that become
major sources.
Compliance dates for existing sources
[Reserved].
Compliance dates for existing area
sources that become major sources.
[Reserved].
Operation and maintenance ................
Applicability of standards ....................
Methods for determining compliance ..
Finding of compliance .........................
Use of alternate standard ....................
Opacity and visible emission standards.
Compliance extension procedures and
criteria.
Presidential compliance exemption .....
Performance test dates .......................
§ 63.7(a)(3) ...........................................
§ 63.7(b)(1) ...........................................
CAA section 114 authority ..................
Notification of performance test ..........
Yes.
Yes ............................
§ 63.7(b)(2) ...........................................
Notification of rescheduling .................
Yes ............................
§ 63.7(c) ...............................................
Quality assurance/test plan .................
Yes ............................
§ 63.7(d) ...............................................
§ 63.7(e)(1) ...........................................
Testing facilities ...................................
Conditions for conducting performance tests.
Yes.
No ..............................
§ 63.7(e)(2) ...........................................
Conduct of performance tests and reduction of data.
Test run duration .................................
Administrator may require other testing under section 114 of the CAA.
Alternative test method provisions ......
Performance test data analysis, recordkeeping, and reporting.
Waiver of tests ....................................
Applicability of monitoring requirements.
Yes ............................
Performance specifications .................
[Reserved].
Monitoring for control devices .............
Monitoring ............................................
Multiple effluents and multiple monitoring systems.
Monitoring system operation and
maintenance.
Routine and predictable SSM .............
SSM not in Startup Shutdown Malfunction Plan.
Compliance with operation and maintenance requirements.
Monitoring system installation .............
Continuous monitoring system (CMS)
requirements.
Yes.
§ 63.6(b)(5) ...........................................
§ 63.6(b)(6) ...........................................
§ 63.6(b)(7) ...........................................
§ 63.6(c)(1)–(2) ....................................
§ 63.6(c)(3)–(4) ....................................
§ 63.6(c)(5) ...........................................
§ 63.6(d) ...............................................
§ 63.6(e) ...............................................
§ 63.6(f)(1) ............................................
§ 63.6(f)(2) ............................................
§ 63.6(f)(3) ............................................
§ 63.6(g)(1)–(3) ....................................
§ 63.6(h) ...............................................
§ 63.6(i) ................................................
§ 63.7(e)(3) ...........................................
§ 63.7(e)(4) ...........................................
§ 63.7(f) ................................................
§ 63.7(g) ...............................................
§ 63.7(h) ...............................................
§ 63.8(a)(1) ...........................................
§ 63.8(a)(2) ...........................................
§ 63.8(a)(3) ...........................................
§ 63.8(a)(4) ...........................................
§ 63.8(b)(1) ...........................................
§ 63.8(b)(2)–(3) ....................................
§ 63.8(c)(1) ...........................................
§ 63.8(c)(1)(i) ........................................
§ 63.8(c)(1)(ii) .......................................
ddrumheller on DSK120RN23PROD with RULES1
§ 63.8(c)(1)(iii) ......................................
§ 63.8(c)(2)–(3) ....................................
§ 63.8(c)(4) ...........................................
Applies to subpart
Yes.
Yes.
Yes.
Yes.
No.
No.
Yes.
Yes.
Yes.
No ..............................
Yes.
Yes ............................
Yes.
Yes ............................
No.
Yes.
No.
Yes.
Yes ............................
Yes ............................
Fmt 4700
Subpart ZZZZ contains specific requirements for monitoring at
§ 63.6625.
Yes.
CMS requirements ..............................
Frm 00075
Subpart ZZZZ specifies conditions for
conducting performance tests at
§ 63.6620.
Subpart ZZZZ specifies test methods
at § 63.6620.
No.
Yes.
Yes.
§ 63.8(c)(6)–(8) ....................................
PO 00000
Except that § 63.7(b)(1) only applies
as specified in § 63.6645.
Except that § 63.7(b)(2) only applies
as specified in § 63.6645.
Except that § 63.7(c) only applies as
specified in § 63.6645.
Yes.
Yes.
No ..............................
Jkt 262001
Subpart ZZZZ contains performance
test dates at §§ 63.6610, 63.6611,
and 63.6612.
Yes.
Yes.
COMS minimum procedures ...............
19:33 Aug 29, 2024
Subpart ZZZZ does not contain opacity or visible emission standards.
Yes.
§ 63.8(c)(5) ...........................................
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Explanation
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Except that subpart ZZZZ does not require Continuous Opacity Monitoring System (COMS).
Subpart ZZZZ does not require
COMS.
Except that subpart ZZZZ does not require COMS.
30AUR1
70524
Federal Register / Vol. 89, No. 169 / Friday, August 30, 2024 / Rules and Regulations
TABLE 8 TO SUBPART ZZZZ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ—Continued
[As stated in § 63.6665, you must comply with the following applicable general provisions]
General provisions citation
Subject of citation
Applies to subpart
§ 63.8(d) ...............................................
§ 63.8(e) ...............................................
CMS quality control .............................
CMS performance evaluation ..............
Yes.
Yes ............................
§ 63.8(f)(1)–(5) .....................................
Alternative monitoring method ............
Yes ............................
§ 63.8(f)(6) ............................................
Alternative to relative accuracy test ....
Yes ............................
§ 63.8(g) ...............................................
Data reduction .....................................
Yes ............................
§ 63.9(a) ...............................................
Yes.
§ 63.9(b)(1)–(5) ....................................
Applicability and State delegation of
notification requirements.
Initial notifications ................................
§ 63.9(c) ...............................................
Request for compliance extension ......
Yes ............................
§ 63.9(d) ...............................................
Notification of special compliance requirements for new sources.
Notification of performance test ..........
Yes ............................
No ..............................
§ 63.9(g)(1) ...........................................
Notification of visible emission (VE)/
opacity test.
Notification of performance evaluation
§ 63.9(g)(2) ...........................................
Notification of use of COMS data .......
No ..............................
§ 63.9(g)(3) ...........................................
Notification that criterion for alternative
to RATA is exceeded.
Yes ............................
§ 63.9(h)(1)–(6) ....................................
Notification of compliance status ........
Yes ............................
§ 63.9(i) ................................................
§ 63.9(j) ................................................
§ 63.9(k) ...............................................
Adjustment of submittal deadlines ......
Change in previous information ..........
Electronic reporting procedures ..........
Yes.
Yes.
Yes ............................
§ 63.10(a) .............................................
Administrative provisions for recordkeeping/reporting.
Record retention ..................................
Yes.
Records related to SSM ......................
Records ...............................................
Record when under waiver .................
Records when using alternative to
RATA.
Records of supporting documentation
Records of applicability determination
Additional records for sources using
CEMS.
General reporting requirements ..........
Report of performance test results .....
Reporting opacity or VE observations
No.
Yes.
Yes.
Yes ............................
Progress reports ..................................
Startup, shutdown, and malfunction
reports.
Additional CMS Reports ......................
COMS-related report ...........................
Yes.
No.
§ 63.9(e) ...............................................
§ 63.9(f) ................................................
§ 63.10(b)(1) .........................................
§ 63.10(b)(2)(i)–(v) ...............................
§ 63.10(b)(2)(vi)–(xi) .............................
§ 63.10(b)(2)(xii) ...................................
§ 63.10(b)(2)(xiii) ..................................
ddrumheller on DSK120RN23PROD with RULES1
§ 63.10(b)(2)(xiv) ..................................
§ 63.10(b)(3) .........................................
§ 63.10(c) .............................................
§ 63.10(d)(1) .........................................
§ 63.10(d)(2) .........................................
§ 63.10(d)(3) .........................................
§ 63.10(d)(4) .........................................
§ 63.10(d)(5) .........................................
§ 63.10(e)(1) and (2)(i) .........................
§ 63.10(e)(2)(ii) .....................................
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Yes ............................
Yes ............................
Yes ............................
Yes ............................
Yes.
Yes.
Yes ............................
Yes.
Yes.
No ..............................
Yes.
No ..............................
Sfmt 4700
E:\FR\FM\30AUR1.SGM
Explanation
Except for § 63.8(e)(5)(ii), which applies to COMS.
Except that § 63.8(e) only applies as
specified in § 63.6645.
Except that § 63.8(f)(4) only applies as
specified in § 63.6645.
Except that § 63.8(f)(6) only applies as
specified in § 63.6645.
Except that provisions for COMS are
not applicable. Averaging periods
for demonstrating compliance are
specified at §§ 63.6635 and
63.6640.
Except that § 63.9(b)(3) is reserved.
Except that § 63.9(b) only applies as
specified in § 63.6645.
Except that § 63.9(c) only applies as
specified in § 63.6645.
Except that § 63.9(d) only applies as
specified in § 63.6645.
Except that § 63.9(e) only applies as
specified in § 63.6645.
Subpart ZZZZ does not contain opacity or VE standards.
Except that § 63.9(g) only applies as
specified in § 63.6645.
Subpart ZZZZ does not contain opacity or VE standards.
If alternative is in use.
Except that § 63.9(g) only applies as
specified in § 63.6645.
Except that notifications for sources
using a CEMS are due 30 days
after completion of performance
evaluations. § 63.9(h)(4) is reserved.
Except that § 63.9(h) only applies as
specified in § 63.6645.
Only as specified in §§ 63.9(j),
63.6620, 63.6625, 63.6645, and
63.6650.
Except that the most recent 2 years of
data do not have to be retained on
site.
For CO standard if using RATA alternative.
Except that § 63.10(c)(2)–(4) and (9)
are reserved.
Subpart ZZZZ does not contain opacity or VE standards.
Subpart ZZZZ does not require
COMS.
30AUR1
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70525
TABLE 8 TO SUBPART ZZZZ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ—Continued
[As stated in § 63.6665, you must comply with the following applicable general provisions]
General provisions citation
Subject of citation
Applies to subpart
Explanation
§ 63.10(e)(3) .........................................
No ..............................
§ 63.10(e)(4) .........................................
Excess emission and parameter
exceedances reports.
Reporting COMS data .........................
Excess emissions and exceedance reporting is specified in § 63.6650.
Subpart ZZZZ does not require
COMS.
§ 63.10(f) ..............................................
§ 63.11 .................................................
§ 63.12 .................................................
§ 63.13 .................................................
§ 63.14 .................................................
§ 63.15 .................................................
Waiver for recordkeeping/reporting .....
Flares ...................................................
State authority and delegations ..........
Addresses ............................................
Incorporation by reference ..................
Availability of information ....................
Yes.
No.
Yes.
Yes.
Yes.
Yes.
[FR Doc. 2024–18766 Filed 8–29–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2023–0409; FRL–12214–01–
OCSPP]
RIN 2070–ZA16
Phenol; Revoking Exemption From the
Requirement of a Pesticide Tolerance
This regulation revokes the
tolerance exemption for residues of the
antimicrobial pesticide ingredient
phenol when used as an inert ingredient
(solvent/cosolvent) in pesticide
formulations applied to growing crops.
This rulemaking is established on the
Agency’s own initiative under the
Federal Food, Drug, and Cosmetic Act
(FFDCA) to implement a tolerance
action the Agency determined was
appropriate during the registration
review conducted under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) for phenol.
DATES: This regulation is effective
February 26, 2025. Objections and
requests for hearings must be received
on or before October 29, 2024, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2023–0409, is
available at https://www.regulations.gov
or in person at the Office of Pesticide
Programs Regulatory Public Docket
(OPP Docket) in the Environmental
Protection Agency Docket Center (EPA/
DC), West William Jefferson Clinton
Bldg., Rm. 3334, 1301 Constitution Ave.
ddrumheller on DSK120RN23PROD with RULES1
VerDate Sep<11>2014
19:33 Aug 29, 2024
Jkt 262001
NW, Washington, DC 20460–0001.
Additional instructions for visiting the
docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Anita Pease, Antimicrobials Division
(7510M), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: 202–
566–0736; email address: Pease.Anita@
epa.gov or ADFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
No ..............................
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Federal Register Office’s eCFR site at https://www.ecfr.gov/
current/title-40.
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2023–0409 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before October 29, 2024.
Notwithstanding the procedural
requirements of 40 CFR 178.25(b), the
Office of the Administrative Law Judges
has issued an order urging parties to file
and serve documents with the Tribunal
by electronic means only. See Revised
Order Urging Electronic Filing and
Service (dated June 22, 2023), https://
www.epa.gov/system/files/documents/
2023-06/2023-06-22%20-%20revised
%20order%20urging%20electronic
%20filing%20and%20service.pdf.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2023–0409, by one of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be CBI
or other information whose disclosure is
restricted by statute.
E:\FR\FM\30AUR1.SGM
30AUR1
Agencies
[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Rules and Regulations]
[Pages 70505-70525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18766]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2022-0879; FRL-8899-02-OAR]
RIN 2060-AV40
National Emission Standards for Hazardous Air Pollutants:
Reciprocating Internal Combustion Engines and New Source Performance
Standards: Internal Combustion Engines; Electronic Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
amendments to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Reciprocating Internal Combustion Engines
(RICE), the New Source Performance Standards (NSPS) for Stationary
Compression Ignition (CI) Internal Combustion Engines, and the NSPS for
Stationary Spark Ignition (SI) Internal Combustion Engines, to add
electronic reporting provisions. The addition of electronic reporting
provisions will provide for simplified reporting by sources and enhance
availability of data on sources to the EPA and the public. In addition,
a small number of clarifications and corrections to these rules are
being finalized to provide clarification and correct inadvertent and
other minor errors in the Code of Federal Regulations (CFR),
particularly related to tables.
DATES: This final rule is effective on August 30, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2022-0879. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed,
some information is not publicly available, e.g., Confidential Business
Information (CBI) 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. Publicly available docket materials are available
electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Christopher Werner, Sector Policies
and Programs Division (D243-01), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander
Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number:
(919) 541-5133; and email address: [email protected].
SUPPLEMENTARY INFORMATION: Organization of this document. The
information in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. Judicial Review and Administrative Review
II. Background
III. What changes did we propose and what changes are we finalizing?
A. Summary of Actions Proposed
B. Electronic Reporting
C. Clarifications to Table 4 in NSPS Subpart IIII
D. Correction of Inadvertent Errors in NESHAP Subpart ZZZZ
E. Clarifications to the Oil Change Requirement in NESHAP
Subpart ZZZZ
F. Other Requests for Comments
G. Effective Date and Compliance Dates
IV. Summary of Cost, Environmental, and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the benefits?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing 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 and Executive Order 14096: Revitalizing our Nation's
Commitment to Environmental Justice for All
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
Categories and entities potentially regulated by this action
include industries using stationary engines, including both compression
and spark ignition internal combustion engines, such as: Electric power
generation, transmission, or distribution; Medical and surgical
hospitals; Natural gas transmission; Crude petroleum and
[[Page 70506]]
natural gas production; Natural gas liquids producers; and National
security. North American Industry Classification System Codes of
potentially regulated industries may include 2211, 622110, 48621,
211111, 211112, and 92811. This list is not intended to be exhaustive,
but rather to provide a guide for readers regarding entities likely to
be affected by the action for the source category listed. To determine
whether your facility is affected, you should examine the applicability
criteria in the rules. If you have any questions regarding the
applicability of any aspect of this action, please contact the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section of this
preamble.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this final action is available on the internet at https://www.epa.gov/stationary-engines. Following publication in the Federal Register, the
EPA will post the Federal Register version of the final rule and key
technical documents at this same website.
C. Judicial Review and Administrative Review
Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final action is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
(the court) by October 29, 2024. Under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce the requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for the EPA to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment, (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Office of the Administrator, U.S. Environmental Protection Agency,
Room 3000, WJC West Building, 1200 Pennsylvania Ave. NW, Washington, DC
20460, with a copy to both the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section, and the Associate General Counsel
for the Air and Radiation Law Office, Office of General Counsel (Mail
Code 2344A), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
II. Background
Stationary engines are used in a variety of applications from
generating electricity to powering pumps and compressors in power and
manufacturing plants. They are also used in the event of an emergency
such as fire or flood. The key air pollutants the EPA regulates from
these sources include formaldehyde, acetaldehyde, acrolein, methanol,
polycyclic aromatic hydrocarbon, volatile organic compounds, carbon
monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and
hydrocarbons.
A CI engine, or diesel engine, is a type of engine in which the
fuel injected into the combustion chamber is ignited by a heat
resulting from the compression of gases inside the cylinder. A SI
engine is a type of engine in which the fuel-air mixture in the
combustion chamber is ignited by a spark from a spark plug.
The NESHAP for RICE is codified in 40 CFR part 63, subpart ZZZZ,
which was first promulgated in 2004. The NSPS for Stationary CI
Internal Combustion Engines (ICE) is codified in 40 CFR part 60,
subpart IIII, which was first promulgated in 2006. The NSPS for
Stationary SI Internal Combustion Engines is codified in 40 CFR part
60, subpart JJJJ, which was first promulgated in 2008. All have been
amended several times since promulgation.
III. What changes did we propose and what changes are we finalizing?
A. Summary of Actions Proposed
On June 26, 2023 (88 FR 41361), the EPA proposed the following
pursuant to CAA sections 111 and 112: addition of requirements for
electronic reporting to 40 CFR part 60, subpart IIII, 40 CFR part 60,
subpart JJJJ, and 40 CFR part 63, subpart ZZZZ; clarifications to table
4 in 40 CFR part 60, subpart IIII due to incorrect display in the CFR;
the correction of inadvertent errors in 40 CFR part 63, subpart ZZZZ,
specifically in 40 CFR 63.6625(j) the need to reference additional line
items in table 2d; and clarifications to the oil change requirements
for certain engines as referenced in 40 CFR part 63, subpart ZZZZ,
tables 2c and 2d. The following sections discuss the proposed changes
in more detail, along with significant comments received and the EPA's
response to those comments, and the final amendments to the rules,
including any changes to what was proposed that are being made as a
result of comments received. For additional comments and responses,
please see the document, Summary of Public Comments and EPA's Responses
National Emission Standards for Hazardous Air Pollutants: Reciprocating
Internal Combustion Engines and New Source Performance Standards:
Internal Combustion Engines; Electronic Reporting, available in the
docket for this action. The EPA also solicited comments to aid in its
consideration of the appropriate next steps following remand of the
provisions specifying that emergency engines can operate for up to 50
hours per year to mitigate local transmission and/or distribution
limitations to avert potential voltage collapse or line overloads that
could lead to the interruption of power supply in a local area or
region by the court. The EPA appreciates the comments and information
that were provided during the public comment period and will consider
them as it assesses the appropriate path forward but is not responding
to these comments or taking further action on these provisions at this
time.
B. Electronic Reporting
The EPA proposed that owners and operators of stationary engines
subject to NSPS subparts IIII or JJJJ, or NESHAP subpart ZZZZ, submit
electronic copies of certain initial notifications of compliance,
performance test reports, Notification of Compliance Status (NOCS), and
annual and semiannual compliance reports through the EPA's Central Data
Exchange (CDX) using the Compliance and Emissions Data Reporting
Interface (CEDRI). A description of the electronic data submission
process was provided in the memorandum Electronic Reporting
Requirements for New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules and was
placed in the docket at the time of proposal. The EPA proposed that the
initial notification of compliance be submitted through CEDRI, that
performance test results collected using test methods that are
supported by the EPA's Electronic Reporting Tool (ERT) as listed on the
[[Page 70507]]
ERT website \1\ at the time of the test be submitted in the format
generated through the use of the ERT or an electronic file consistent
with the extensible markup language (XML) schema on the ERT website,
and that other performance test results be submitted in portable
document format (PDF) using the attachment module of the ERT. The EPA
also proposed that NOCS for NESHAP subpart ZZZZ be submitted as a PDF
upload in CEDRI.
---------------------------------------------------------------------------
\1\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
---------------------------------------------------------------------------
For annual and semiannual compliance reports, the EPA proposed that
owners and operators use the appropriate spreadsheet template to submit
information to CEDRI. Draft versions of the proposed templates for
these reports were included in the docket at the time of proposal.\2\
The EPA specifically requested comment on the content, layout, and
overall design of the templates.
---------------------------------------------------------------------------
\2\ See
60.4214d3_annual_report_bulk_upload_template_ICRDraft.xlsx,
60.4245e3_annual_report_bulk_upload_template_ICRDraft.xlsx, and
63.6650_h_and_i Compliance Report Template_ICRDraft.xlsm, available
at Docket ID. No. EPA-HQ-OAR-2022-0879.
---------------------------------------------------------------------------
Additionally, the EPA identified two broad circumstances in which
electronic reporting extensions may be provided. These circumstances
were: (1) outages of the EPA's CDX or CEDRI which preclude an owner or
operator from accessing the system and submitting required reports and
(2) force majeure events, which are defined as events that will be or
have been caused by circumstances beyond the control of the affected
facility, its contractors, or any entity controlled by the affected
facility that prevent an owner or operator from complying with the
requirement to submit a report electronically. Examples of force
majeure events are acts of nature, acts of war or terrorism, or
equipment failure or safety hazards beyond the control of the facility.
The EPA provided these potential extensions to protect owners and
operators from noncompliance in cases where they cannot successfully
submit a report by the reporting deadline for reasons outside of their
control. In both circumstances, the decision to accept the claim of
needing additional time to report is within the discretion of the
Administrator, and reporting should occur as soon as possible.
As described in the proposed rulemaking, the electronic submittal
of the reports addressed in this final rule will increase the
usefulness of the data contained in those reports, is in keeping with
current trends in data availability and transparency, will further
assist in the protection of public health and the environment, will
improve compliance by facilitating the ability of regulated facilities
to demonstrate compliance with requirements and by facilitating the
ability of delegated State, local, Tribal, and territorial air agencies
and the EPA to assess and determine compliance, and will ultimately
reduce burden on regulated facilities, delegated air agencies, and the
EPA. Electronic reporting eliminates paper-based, manual processes,
thereby saving time and resources, simplifying data entry, eliminating
redundancies, minimizing data reporting errors, and providing data
quickly and accurately to the affected facilities, air agencies, the
EPA, and the public. Moreover, electronic reporting is consistent with
the EPA's plan \3\ to implement Executive Order 13563 and is in keeping
with the EPA's agency-wide policy \4\ developed in response to the
White House's Digital Government Strategy.\5\ For more information on
the benefits of electronic reporting, see the memorandum Electronic
Reporting Requirements for New Source Performance Standards (NSPS) and
National Emission Standards for Hazardous Air Pollutants (NESHAP)
Rules, available in the docket for this action.
---------------------------------------------------------------------------
\3\ EPA's Final Plan for Periodic Retrospective Reviews, August
2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
\4\ E-Reporting Policy Statement for EPA Regulations, September
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
\5\ Digital Government: Building a 21st Century Platform to
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------
As part of the electronic reporting effort, reporting requirements
in NESHAP subpart ZZZZ were clarified and adjusted to be consistent for
all engine types as well as to provide specificity in units of measure
and to provide consistency between the NSPS and the NESHAP. With these
changes, the regulatory text in 40 CFR part 63, subpart ZZZZ at 40 CFR
63.6650 now includes all the applicable data elements required by 40
CFR 63.10(e)(3), and the general provisions applicability table is
being revised to reflect that 40 CFR 63.10(e)(3) is no longer
applicable.
We received comments both in support of, and opposed to, the
addition of electronic reporting provisions, as well as several
comments regarding the draft electronic reporting templates that were
made available in the docket. In response to these comments, we made
some clarifying changes to the templates. We address and respond to
these comments in detail in the response to comment document available
in the docket for this action.
One clarifying change made in response to comments was to alter the
regulatory text and the corresponding entry in the final reporting
template for subpart ZZZZ to require the year the engine was
constructed, rather than the specific date. Additionally, if the exact
year is unknown, an estimate can be provided.
The Department of Defense (DoD) commented that all templates
provided for review have a requirement to provide the latitude and
longitude of the engine in decimal degrees reported to the fifth
decimal place, but due to the present-day public availability of
electronic data files, DoD is concerned that disclosing the location of
certain engines used by the commenter can compromise national security.
The comment requested the EPA consider including an option for template
latitude and longitude data fields that would allow an installation to
label critical system geolocation data as ``confidential'' or
``national security information.'' By offering such an option, the
commenter's national security data would not be disclosed or
retrievable through publicly available agency (Federal/state/local/
tribal) electronic data systems.
The EPA agrees that the exact location of engines should not be
reported if the location should remain confidential due to national
security concerns. The EPA has clarified for the final rule that if
disclosure of the exact location of an engine that is owned by or
operated by or for an agency of the Federal Government that is
responsible for national defense would be a threat to national
security, the filer may claim a national security exemption, which will
allow the latitude and longitude fields in the reporting template to be
left blank. A corresponding revision is also being made to the
regulatory text. It should be noted that the reports still contain the
address of the facility at which the engine(s) are located.\6\
---------------------------------------------------------------------------
\6\ The comment also suggested that the EPA should establish
criteria for access to precise geolocation of sources in all
appropriate stationary engine (NESHAP and NSPS) rules. The EPA does
not find it necessary to adopt such criteria at this time,
particularly since facility address data is still required to be
reported but will work with other agencies to address this issue in
the future if it becomes appropriate.
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[[Page 70508]]
C. Clarifications to Table 4 in NSPS Subpart IIII
Since it was originally published in the CFR, ``Table 4 to Subpart
IIII of Part 60--Emission Standards for Stationary Fire Pump Engines''
has been confusing to the public because it shows blank cells for the
CO standard for certain engine model years. The table intended to show
that the same CO standard applies for all model years. The table was
not intended to be displayed in this manner and the current version
simply reflects a mismatch between what was submitted by the EPA and
what was able to be shown in the CFR. The EPA invited comment on
whether any other aspect of this table was confusing or incorrect (it
was shown as table 1 in the preamble of the proposal), but we did not
solicit comment on any proposed changes to the standards themselves.
We received comment supporting the clarified table and further
suggesting that the units of the engine emission standards be added,
similar to how the units are currently shown in tables 1 and 2 of 40
CFR part 60, subpart IIII, to prevent any potential confusion regarding
the applicable emission standards. We agree that this suggestion would
provide further clarification and prevent additional confusion. We are,
therefore, finalizing the clarifications to this table as proposed and
additionally placing units in the column heading of the table as shown
in table 1 of this document.
Table 1--Clarified Version of ``Table 4 to Subpart IIII of Part 60--Emission Standards For Stationary Fire Pump
Engines''
----------------------------------------------------------------------------------------------------------------
Emission standards for stationary fire pump
engines in g/KW-hr (g/HP-hr)
Maximum engine power Model year(s) -----------------------------------------------
NMHC + NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11).......................... 2010 and earlier........ 10.5 (7.8) 8.0 (6.0) 1.0 (0.75)
KW<8 (HP<11).......................... 2011 +.................. 7.5 (5.6) 8.0 (6.0) 0.40 (0.30)
8<=KW<19 (11<=HP<25).................. 2010 and earlier........ 9.5 (7.1) 6.6 (4.9) 0.80 (0.60)
8<=KW<19 (11<=HP<25).................. 2011 +.................. 7.5 (5.6) 6.6 (4.9) 0.40 (0.30)
19<=KW<37 (25<=HP<50)................. 2010 and earlier........ 9.5 (7.1) 5.5 (4.1) 0.80 (0.60)
19<=KW<37 (25<=HP<50)................. 2011 +.................. 7.5 (5.6) 5.5 (4.1) 0.30 (0.22)
37<=KW<56 (50<=HP<75)................. 2010 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
37<=KW<56 (50<=HP<75)................. 2011 + \1\.............. 4.7 (3.5) 5.0 (3.7) 0.40 (0.30)
56<=KW<75 (75<=HP<100)................ 2010 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
56<=KW<75 (75<=HP<100)................ 2011 + \1\.............. 4.7 (3.5) 5.0 (3.7) 0.40 (0.30)
75<=KW<130 (100<=HP<175).............. 2009 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
75<=KW<130 (100<=HP<175).............. 2010 + \2\.............. 4.0 (3.0) 5.0 (3.7) 0.30 (0.22)
130<=KW<225 (175<=HP<300)............. 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
130<=KW<225 (175<=HP<300)............. 2009 + \3\.............. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
225<=KW<450 (300<=HP<600)............. 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
225<=KW<450 (300<=HP<600)............. 2009 + \3\.............. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
450<=KW<=560 (600<=HP<=750)........... 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
450<=KW<=560 (600<=HP<=750)........... 2009 +.................. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
KW>560 (HP>750)....................... 2007 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
KW>560 (HP>750)....................... 2008 +.................. 6.4 (4.8) 3.5 (2.6) 0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\1\ For model years 2011-2013, manufacturers, owners, and operators of fire pump stationary CI ICE in this
engine power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with
the emission limitations for 2010 model year engines.
\2\ For model years 2010-2012, manufacturers, owners, and operators of fire pump stationary CI ICE in this
engine power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations
for 2009 model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE in this engine power category with a
rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.
D. Correction of Inadvertent Errors in NESHAP Subpart ZZZZ
As it appeared in the CFR at the time of the proposal, table 2d in
40 CFR part 63, subpart ZZZZ correctly indicated multiple SI engine
types for which oil change requirements apply. Specifically, table 2d's
items numbers 5, 6, 7, 8, 10, 11, and 13 all indicated SI engine types
for which these requirements apply. When this table was last
revised,\7\ corresponding changes to 40 CFR 63.6625(j) were
inadvertently not made. As a result, the version of 40 CFR 63.6625(j),
which specifies that an oil analysis program can be used to extend the
oil change requirements, referred to an incorrect set of table 2d's
item numbers. Therefore, the EPA proposed to amend 40 CFR 63.6625(j) to
include the correct list of table 2d's item numbers, specifically 5, 6,
7, 8, 10, 11, and 13, that indicate SI engine types for which oil
change requirements apply.
---------------------------------------------------------------------------
\7\ 78 FR 6709 (January 30, 2013).
---------------------------------------------------------------------------
We received no comments opposing this correction and received only
one comment in general support of it. Therefore, we are finalizing the
correction as proposed.
E. Clarifications to the Oil Change Requirement in NESHAP Subpart ZZZZ
As indicated in tables 2c and 2d of 40 CFR part 63, subpart ZZZZ,
several types of CI and SI engines are subject to oil change
requirements. The number of hours of operation allowed between oil
changes stated in the requirement vary by engine type. However, in each
instance, the requirement that appeared in the CFR at the time of the
proposal was phrased in the form: ``Change oil and filter every X,XXX
hours of operation or annually, whichever comes first.''
The EPA receives frequent inquiries from regulated entities
regarding these provisions, most often revolving around the meaning of
the term ``annually.'' For example, regulated entities sometimes
inquire whether ``annually'' means ``every calendar year.'' In such a
case, the inquiry amounts to essentially whether an oil change could
hypothetically be conducted on January 1, 2019, and the next oil change
could then be conducted on December 31, 2020, since 2020 is the
calendar year that falls immediately after 2019 (this assumes of course
that X,XXX hours of
[[Page 70509]]
operation has not occurred). In such a scenario, however, these two
hypothetical oil changes will have actually occurred almost exactly 2
years apart, minus a day.
This is not what the EPA intended with the use of the term
``annually'' in tables 2c and 2d of 40 CFR part 63, subpart ZZZZ. It is
important for oil changes to occur as close as possible to 12 months
apart to minimize emissions, absent use of the oil analysis programs
afforded by 40 CFR 63.6625(i) and (j). The same language of
``annually'' also appears in these tables related to items such as
spark plug, air cleaner, and hose and belt inspections, and similar
concerns about emissions and engine reliability apply. Therefore, the
EPA proposed to replace each instance of use of the term ``annually''
in tables 2c and 2d with the term ``every 12 months.'' \8\
---------------------------------------------------------------------------
\8\ Additionally, the same language of ``annually'' also in
appears in a separate location in subpart ZZZZ, namely in the
subsection on management practices applicable to existing stationary
non-emergency CI RICE with a site rating of more than 300 HP located
on an offshore vessel that is an area source of HAP and is a nonroad
vehicle that is an Outer Continental Shelf source as defined in 40
CFR 55.2. Similar concerns apply to the engines affected by this
subsection (40 CFR 63.6603). So we, likewise, proposed to replace
each instance of the term ``annually'' with the term ``every 12
months'' there.
---------------------------------------------------------------------------
The EPA received a number of comments on this issue, which are
detailed in the response to comment document available in the docket.
While some comments were generally supportive of the EPA's proposed
change, commenters asked for additional flexibility beyond that
afforded by the proposed language, mainly due to concerns about
performing oil changes within a tight window in the case of unforeseen
events or due to scheduling concerns for maintenance personnel or
contractor availability. Most commenters favored an additional month of
flexibility beyond the 12-month deadline.\9\ After considering these
comments, we are making adjustments to the final language to state
``within 1 year + 30 days of the previous change'' (and, in the case of
items such as spark plug, air cleaner, and hose and belt inspections,
``within 1 year + 30 days of the previous inspection'') in lieu of the
current ``annually.'' The EPA continues to believe that it is
appropriate for oil changes to be performed annually (i.e., after 365
days) but is balancing the need for timely oil changes for proper
emissions control against the practical concerns raised by commenters
regarding scheduling oil changes in a tight window. Pursuant to this
revised text, an oil change could hypothetically be conducted on June
1, 2025, and the next oil change could then be conducted anywhere from
June 2, 2025, to July 1, 2026, and be in compliance with the
regulations. The EPA also finds that this revised language will address
the request by some commenters for more clarity as to the deadline for
oil changes. As explained at proposal, it is worthwhile to note that
the EPA occasionally receives questions as to whether regulated
entities that adopt the oil analysis program in 40 CFR 63.6625(i) or
(j) must change the oil filter on a more frequent basis than the oil is
changed even when the oil analysis program indicates condemning limits
have not yet been reached for Total Acid or Total Base Number,
viscosity, and percent water content. We are clarifying that regulated
entities that adopt the oil analysis program must change the oil filter
for these generators when changing the oil and are not required to
change the filter prior to changing the oil. We received no comments
opposing this clarification. The intention of the EPA's regulations is
that the oil filter should always be changed whenever the engine oil is
changed, and we are finalizing the proposed changes to the regulatory
text to this effect. Also please note that nothing in the EPA's
regulations prevents the owner and operator from changing the oil or
the oil filter sooner than condemning limits have been reached, if
desired.
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\9\ The EPA also is making it clear that we do not prohibit
changing the oil earlier than 12 months if entities desire to do so
(since this was raised in some comments).
---------------------------------------------------------------------------
F. Other Requests for Comments
In addition to general comments on the proposal, we also asked for
comments on the reporting template that was placed in the docket for
this action. Several commenters suggested changes to the template and
after considering these comments we have made minor clarifying changes
to the template. These comments and our responses are discussed more
fully in the response to comment document available in the docket for
this action. A final template is also available in the docket for this
action.
The EPA also requested comments on the provisions specifying that
emergency engines can operate for up to 50 hours per year to mitigate
local transmission and/or distribution limitations to avert potential
voltage collapse or line overloads that could lead to the interruption
of power supply in a local area or region. These provisions appear in
the NESHAP \10\ and both NSPS \11\ and are often referred to as the
``50-hour provisions.'' The EPA did not propose any changes to the 50-
hour provisions, but as discussed in the proposal, solicited comments
to aid in its consideration of the appropriate next steps following
remand of the provisions by the court. The EPA appreciates the comments
and information that were provided during the public comment period and
is considering them as we assess the appropriate path forward. However,
the EPA did not propose and is not finalizing, any changes to the 50-
hour provisions at this time; and we have not addressed those comments
in the response to comments document for this final rule.
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\10\ 40 CFR 63.6640(f)(4)(ii).
\11\ 40 CFR 60.4211(f)(3)(i), 40 CFR 60.4243(d)(3)(i).
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G. Effective Date and Compliance Dates
As stated in the proposal, the EPA's experience with other
industries and entities that are required to convert reporting
mechanisms, install necessary hardware and software, become familiar
with the process of submitting performance test results electronically
through the EPA's CEDRI, test these new electronic submission
capabilities, reliably employ electronic reporting, and convert
logistics of reporting processes to different time-reporting parameters
shows that a time period of a minimum of 90 days, but more typically
180 days, is generally necessary to successfully complete these
changes. Due to the diverse nature of the stationary engine sector, the
EPA proposed to allow 180 days from the date of the final rule for all
electronic reporting provisions, and where a semiannual or annual
report template is newly required, 180 days or 1 year from the date
that the report template is made available on CEDRI, whichever is
later, for compliance with the proposed electronic reporting
requirements. For all other proposed requirements, because they are
non-substantive edits simply to clarify existing requirements, the EPA
proposed to make compliance effective immediately upon promulgation of
the final rule.
We received some comments asking for a longer compliance timeframe.
The majority of these are addressed in the response to comment document
available in the docket for this action, but in general, the commenters
that asked for additional time to comply were generally mistaken about
the steps required to make their systems compatible with electronic
reporting. For sources that were already required to submit the annual
reports via an
[[Page 70510]]
electronic template to CEDRI prior to this rulemaking (i.e., emergency
stationary CI ICE subject to reporting under 40 CFR 60.4214(d) in 40
CFR part 60, subpart IIII, emergency stationary SI ICE subject to
reporting under 40 CFR 60.4245(e) in 40 CFR part 60, subpart JJJJ, and
emergency stationary RICE subject to reporting under 40 CFR 63.6650(h)
in 40 CFR part 63, subpart ZZZZ) the EPA determined that 180 days is
sufficient time to adjust to the revised electronic template and
accommodate the new reporting elements. For all other sources, the EPA
determined that the additional year after the reporting template
becomes available in CEDRI is necessary for these sources to begin
electronic reporting. As discussed in the response to comments
document, the EPA considers a year to be an adequate amount of time for
these sources to adjust to electronic reporting. We are therefore
finalizing the compliance timeframe as proposed.
Pursuant to CAA sections 111(b)(1)(B) and 112(i), the revisions to
the rules being promulgated in this action are effective on August 30,
2024. The compliance date for affected sources to comply with the
amendments pertaining to electronic reporting is 180 days after the
effective date of the rule, or, where electronic reporting is newly
required for semiannual or annual compliance reports, 1 year from the
date that the respective report template is made available on CEDRI,
whichever is later.
IV. Summary of Cost, Environmental, and Economic Impacts
A. What are the air quality impacts?
No air quality impacts are expected to result from this rulemaking.
B. What are the cost impacts?
The EPA estimated costs for this action are based on the results of
the analysis for information collection activities, as presented in the
Paperwork Reduction Act (PRA) section and accompanying Information
Collection Request (ICR) documents in the docket.
When assessed over the first 3 years of compliance, the incremental
costs for both NSPS (subpart IIII and subpart JJJJ) are estimated to be
negative, i.e., reflect a cost savings, for all 3 years. For the NESHAP
(subpart ZZZZ), the incremental cost is estimated to have costs in 2025
followed by cost savings in 2026 and 2027. When viewed on an overall
basis (i.e., all subparts considered), undiscounted costs for the final
rule, in 2021$, are $18.0 million in 2025, ($38.0 million) in 2026, and
($38.2 million) in 2027, with parentheses indicating negative values,
i.e., cost savings. Although the EPA also anticipates that the final
rule will continue to result in cost savings in years beyond 2027 for
all subparts, we have not estimated the magnitude or duration of these
cost savings. These estimates are consistent with our experience that
electronic reporting reduces burden on regulated entities (and the EPA)
by eliminating paper-based processes and providing data quickly and
accurately.
More details on cost impact analyses for the final rule can be
found in the ``What are the economic impacts?'' section of this
preamble as well as in section 2 of the memorandum, Economic Impact and
Small Business Analysis for the National Emission Standards for
Hazardous Air Pollutants: Reciprocating Internal Combustion Engines and
New Source Performance Standards: Internal Combustion Engines;
Electronic Reporting Amendments, which is also available in the docket
for this action.
C. What are the economic impacts?
The EPA conducted economic impact analyses for the final rule, as
detailed in the memorandum, Economic Impact and Small Business Analysis
for the National Emission Standards for Hazardous Air Pollutants:
Reciprocating Internal Combustion Engines and New Source Performance
Standards: Internal Combustion Engines; Electronic Reporting
Amendments, which is available in the docket for this action.
Costs were estimated for the first 3 years following this action.
Correspondingly, a 3-year period from 2025 to 2027 was selected as the
best measure of the economic impacts of this action. This allowed for a
reasonable and consistent timeframe over which to examine impacts of
this action from a present value (PV) perspective. The PV in 2021
dollars is a cost saving of approximately $53.8 million using a 2
percent discount rate, a cost saving of approximately $51.8 using a 3
percent discount rate, and a cost saving of approximately $44.5 million
using a 7 percent discount rate.12 13 The equivalent
annualized value (EAV), in 2021 dollars, is a cost saving of
approximately $18.7 million using a discount rate of 2 percent, a cost
saving of approximately $18.3 using a discount rate of 3 percent, and a
cost saving of approximately $16.9 million using a discount rate of 7
percent. The amendments to 40 CFR part 60, subparts IIII and JJJJ have
estimated cost savings for respondents in each year. We conducted an
analysis assessing the impacts of the costs associated with the
amendments to 40 CFR part 63, subpart ZZZZ. As shown in the supporting
statement to 40 CFR part 63, subpart ZZZZ, the amendments to ZZZZ have
estimated costs of $32 per respondent for the first year and cost
savings thereafter. As described the economic impact analysis, for the
first year such costs are less than 0.1 percent of the average affected
entity's payroll, and we conclude that it is reasonable to assume that
such costs represent less than 0.1 percent of sales for the average
affected entity.\14\
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\12\ Present value and equivalent annualized value calculations
can be found in RICE--final--economic analysis.xls, a spreadsheet
that includes the basis for the economic impacts that was generated
by the EPA for this analysis report. This spreadsheet can be found
in the docket for this rule.
\13\ Results using the 2 percent discount rate were not included
in the proposal for this action. The 2003 version of OMB's Circular
A-4 had generally recommended 3 percent and 7 percent as default
rates to discount social costs and benefits. The analysis of the
proposed rule used these two recommended rates. In November 2023,
OMB finalized an update to Circular A-4, in which it recommended the
general application of a 2 percent rate to discount social costs and
benefits (subject to regular updates), which is an estimate of
consumption-based discount rate. We include cost results calculated
using a 2 percent discount rate consistent with the update to
Circular A-4 (OMB, 2023).
\14\ The memorandum titled Economic Impact and Small Business
Analysis for the Final National Emission Standards for Hazardous Air
Pollutants: Reciprocating Internal Combustion Engines and New Source
Performance Standards: Internal Combustion Engines; Electronic
Reporting Amendment is available in the docket for this action.
---------------------------------------------------------------------------
Given the results of the analysis, these economic impacts are
relatively small for affected industries and entities impacted by this
rule, and there will not be substantial impacts on the markets for
affected products. The costs of the rule are not expected to result in
a significant market impact, regardless of whether they are passed on
to the purchaser or absorbed by the firms.
D. What are the benefits?
The EPA is not making changes to the emission limits and estimates
that the final requirements for electronic reporting are not
economically significant. Because these amendments are not considered
economically significant, as defined by Executive Order 12866, and
because no emission reductions were projected, we are not estimating
any benefits from reducing emissions.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be
[[Page 70511]]
found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
The information collection activities in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
the EPA prepared has been assigned EPA ICR numbers 2196.08, 2227.07,
and 1975.12 for NSPS subparts IIII and JJJJ, and NESHAP subpart ZZZZ,
respectively. You can find a copy of the ICR in the docket for this
rule, and it is briefly summarized here. The information collection
requirements are not enforceable until OMB approves them.
The amendments mainly add electronic reporting provisions to the
rules. In general, the changes do not result in regulated entities
needing to submit anything additional electronically that is not
currently submitted via paper copies, and this is therefore expected to
lessen the recordkeeping and reporting burden. The information is
collected to assure compliance with 40 CFR part 60, subparts IIII and
JJJJ and 40 CFR part 63, subpart ZZZZ.
Respondents/affected entities: Owners and operators of stationary
RICE at either a major or area source of HAP emissions (NESHAP subpart
ZZZZ); existing and new manufacturers, owners, and operators of
stationary CI internal combustion engines (NSPS subpart IIII); existing
and new manufacturers, owners, and operators of stationary SI internal
combustion engines (NSPS subpart JJJJ).
Respondents' obligation to respond: Mandatory.
Estimated number of respondents: 915,781 (ZZZZ); 207,360 (IIII);
19,835 (JJJJ).
Frequency of response: Varies by rule and by type of response.
Total estimated burden: (61,799) (ZZZZ); (95,928) (IIII); (1,144)
(JJJJ) hours (per year). Burden is defined at 5 CFR 1320.3(b). Note:
parentheses indicate a reduction in burden, i.e., a reduced number of
hours as a result of the addition of electronic reporting to the rules.
Total estimated cost: ($7,581,151) (ZZZZ); ($11,688,145) (IIII);
($140,379) (JJJJ) (per year), includes $0 annualized capital or
operation & maintenance costs. Note: parentheses indicate a reduction
in cost as a result of the addition of electronic reporting to the
rules.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.
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. The
small entities subject to the requirements of this action are small
businesses, small governmental jurisdictions and small non-profits
across a range of sectors, that own or operate stationary engines
(e.g., for generating electricity in remote areas or when electricity
supply is temporarily interrupted), including but not limited to:
Electric power generation, transmission, or distribution; Medical and
surgical hospitals; Natural gas transmission; Crude petroleum and
natural gas production; Natural gas liquids producers; and National
security.
The amendments to 40 CFR part 60, subparts IIII and JJJJ have
estimated cost savings for respondents by reducing reporting burdens.
We conducted analysis assessing the impacts of the costs associated
with the amendments to 40 CFR part 63, subpart ZZZZ. As shown in the
supporting statement to 40 CFR part 63, subpart ZZZZ, this subpart has
estimated costs of $32 per respondent in 1 year, and cost savings in
following years. We estimate that this compliance cost of $32 per
respondent is well below a 1 percent impact relative to payroll or
sales for affected small entities.\15\ While there is some uncertainty
in these estimates, due to the range of entities that may own or
operate stationary engines, there is a large margin before the impacts
would approach a 1 percent impact for a substantial number of small
entities. Details of this analysis are presented in the memorandum
titled Economic Impact and Small Business Analysis for the National
Emission Standards for Hazardous Air Pollutants: Reciprocating Internal
Combustion Engines and New Source Performance Standards: Internal
Combustion Engines; Electronic Reporting Amendment, which is available
in the docket for this action.
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\15\ For example, for an entity with $32,000 in payroll, the
compliance cost would represent an impact of 0.1% relative to
payroll.
---------------------------------------------------------------------------
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action will
reduce reporting costs for all sources, although we did estimate some
initial costs (well under $100 million in the aggregate) for some
sources.
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. While some Tribes could be impacted by this
amendment, this rulemaking would reduce the compliance costs for owners
and operators of stationary engines. 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.
Therefore, this action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk. Since this action does not concern human health, the EPA's Policy
on Children's Health also does not apply.
[[Page 70512]]
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 and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that this type of action does not concern human
health or environmental conditions and therefore cannot be evaluated
with respect to potentially disproportionate and adverse effects on
communities with environmental justice concerns. This is because this
action involves the addition of electronic reporting and therefore is
not expected to change emissions.
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. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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 stated in the preamble, title 40, chapter I, parts
60 and 63 of the Code of Federal Regulations 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.
Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
0
2. Amend Sec. 60.4214 by:
0
a. Revising paragraph (a)(1) introductory text and paragraph (d)(3);
and
0
b. Adding paragraphs (f), (g), (h), (i), and (j).
The revisions and additions read 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?
(a) * * *
(1) Submit an initial notification as required in Sec. 60.7(a)(1).
The notification must include the information in paragraphs (a)(1)(i)
through (v) of this section. Beginning on February 26, 2025, submit the
notification electronically according to paragraph (g) of this section.
* * * * *
(d) * * *
(3) The annual report must be submitted electronically using the
subpart specific reporting form in the Compliance and Emissions Data
Reporting Interface (CEDRI) that is accessed through EPA's Central Data
Exchange (CDX) (https://cdx.epa.gov/). However, if the reporting form
specific to this subpart is not available in CEDRI at the time that the
report is due, the written report must be submitted to the
Administrator at the appropriate address listed in Sec. 60.4.
Beginning on February 26, 2025, submit annual report electronically
according to paragraph (g) of this section.
* * * * *
(f) Beginning on February 26, 2025, within 60 days after the date
of completing each performance test required by this subpart, you must
submit the results of the performance test required under this section
following the procedures specified in paragraphs (f)(1) and (2) of this
section.
(1) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via the Compliance and Emissions Data
Reporting Interface (CEDRI), according to paragraph (g) of this
section. The data must be submitted in a file format generated using
the EPA's ERT. Alternatively, you may submit an electronic file
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT website.
(2) Data collected using test methods that are not supported by the
EPA's ERT as listed on the EPA's ERT website at the time of the test.
The results of the performance test must be included as an attachment
in the ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the ERT generated
package or alternative file to the EPA via CEDRI according to paragraph
(g) of this section.
(g) If you are required to submit notifications or reports
following the procedure specified in this paragraph (g), you must
submit notifications or reports to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI), which can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).
The EPA will make all the information submitted through CEDRI available
to the public without further notice to you. Do not use CEDRI to submit
information you claim as CBI. Although we do not expect persons to
assert a claim of CBI, if you wish to assert a CBI claim for some of
the information in the report or notification, you must submit a
complete file in the format specified in this subpart, including
information claimed to be CBI, to the EPA following the procedures in
paragraphs (g)(1) and (2) of this section. Clearly mark the part or all
of the information that you claim to be CBI. Information not marked as
CBI may be authorized for public release without prior notice.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. All CBI claims must be
asserted at the time of submission. Anything submitted using CEDRI
cannot later be claimed CBI. Furthermore, under CAA section 114(c),
emissions data is not entitled to confidential treatment, and the EPA
is required to make emissions data available to the public. Thus,
emissions data will not be protected as CBI and will be made publicly
available. You must submit the same file submitted to the CBI office
with the CBI omitted to the EPA via the EPA's CDX as described earlier
in this paragraph (g).
(1) The preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol, or
other online file sharing services. Electronic submissions must be
transmitted directly to the OAQPS CBI Office at the email address
[email protected], and as described in paragraph (g) of this section,
should include clear CBI markings. ERT files should be flagged to
[[Page 70513]]
the attention of the Group Leader, Measurement Policy Group; all other
files should be flagged to the attention of the Stationary Compression
Ignition Internal Combustion Engine Sector Lead. If assistance is
needed with submitting large electronic files that exceed the file size
limit for email attachments, and if you do not have your own file
sharing service, please email [email protected] to request a file
transfer link.
(2) If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following address:
OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental
Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research
Triangle Park, North Carolina 27711. ERT files should be sent to the
attention of the Group Leader, Measurement Policy Group, and all other
files should be sent to the attention of the Stationary Compression
Ignition Internal Combustion Engine Sector Lead. The mailed CBI
material should be double wrapped and clearly marked. Any CBI markings
should not show through the outer envelope.
(h) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with that reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (h)(1) through (7) of this section.
(1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
(2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
(3) The outage may be planned or unplanned.
(4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(5) You must provide to the Administrator a written description
identifying:
(i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
(iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
(iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
(6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
(7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
(i) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with that reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (i)(1) through (5) of this section.
(1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
(2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(3) You must provide to the Administrator:
(i) A written description of the force majeure event;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
(iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
(iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
(4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
(5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
(j) Any records required to be maintained by this subpart that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as
part of an on-site compliance evaluation.
0
3. Revise table 4 to subpart IIII of part 60 to read as follows:
Table 4 to Subpart IIII of Part 60--Emission Standards for Stationary Fire Pump Engines
[As stated in Sec. Sec. 60.4202(d) and 60.4205(c), you must comply with the following emission standards for
stationary fire pump engines]
----------------------------------------------------------------------------------------------------------------
Emission standards for stationary fire pump
engines in g/KW-hr (g/HP-hr)
Maximum engine power Model year(s) -----------------------------------------------
NMHC + NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11).......................... 2010 and earlier........ 10.5 (7.8) 8.0 (6.0) 1.0 (0.75)
KW<8 (HP<11).......................... 2011 +.................. 7.5 (5.6) 8.0 (6.0) 0.40 (0.30)
8<=KW<19 (11<=HP<25).................. 2010 and earlier........ 9.5 (7.1) 6.6 (4.9) 0.80 (0.60)
8<=KW<19 (11<=HP<25).................. 2011 +.................. 7.5 (5.6) 6.6 (4.9) 0.40 (0.30)
19<=KW<37 (25<=HP<50)................. 2010 and earlier........ 9.5 (7.1) 5.5 (4.1) 0.80 (0.60)
19<=KW<37 (25<=HP<50)................. 2011 +.................. 7.5 (5.6) 5.5 (4.1) 0.30 (0.22)
37<=KW<56 (50<=HP<75)................. 2010 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
37<=KW<56 (50<=HP<75)................. 2011 + \1\.............. 4.7 (3.5) 5.0 (3.7) 0.40 (0.30)
56<=KW<75 (75<=HP<100)................ 2010 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
[[Page 70514]]
56<=KW<75 (75<=HP<100)................ 2011 + \1\.............. 4.7 (3.5) 5.0 (3.7) 0.40 (0.30)
75<=KW<130 (100<=HP<175).............. 2009 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
75<=KW<130 (100<=HP<175).............. 2010 + \2\.............. 4.0 (3.0) 5.0 (3.7) 0.30 (0.22)
130<=KW<225 (175<=HP<300)............. 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
130<=KW<225 (175<=HP<300)............. 2009 + \3\.............. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
225<=KW<450 (300<=HP<600)............. 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
225<=KW<450 (300<=HP<600)............. 2009 + \3\.............. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
450<=KW<=560 (600<=HP<=750)........... 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
450<=KW<=560 (600<=HP<=750)........... 2009 +.................. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
KW>560 (HP>750)....................... 2007 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
KW>560 (HP>750)....................... 2008 +.................. 6.4 (4.8) 3.5 (2.6) 0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\1\ For model years 2011-2013, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with the
emission limitations for 2010 model year engines.
\2\ For model years 2010-2012, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations for 2009
model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE in this engine power category with a
rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.
* * * * *
Subpart JJJJ--Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines
0
4. Amend Sec. 60.4245 by:
0
a. Revising paragraph (c) introductory text, paragraphs (d), and
(e)(3); and
0
b. Adding paragraphs (f), (g), (h), (i), and (j).
The revisions and additions read 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?
* * * * *
(c) Owners and operators of stationary SI ICE greater than or equal
to 500 HP that have not been certified by an engine manufacturer to
meet the emission standards in Sec. 60.4231 must submit an initial
notification as required in Sec. 60.7(a)(1). The notification must
include the information in paragraphs (c)(1) through (5) of this
section. Beginning on February 26, 2025 submit the notification
electronically according to paragraph (g) of this section.
* * * * *
(d) Owners and operators of stationary SI ICE that are subject to
performance testing must submit a copy of each performance test as
conducted in Sec. 60.4244 within 60 days after the test has been
completed. Performance test reports using EPA Method 18, EPA Method
320, or ASTM D6348-03 (incorporated by reference--see 40 CFR 60.17) to
measure VOC require reporting of all QA/QC data. For Method 18, report
results from sections 8.4 and 11.1.1.4; for Method 320, report results
from sections 8.6.2, 9.0, and 13.0; and for ASTM D6348-03 report
results of all QA/QC procedures in Annexes 1-7. Beginning on February
26, 2025, performance tests must be reported electronically according
to paragraph (f) of this section.
(e) * * *
(3) The annual report must be submitted electronically using the
subpart specific reporting form in the Compliance and Emissions Data
Reporting Interface (CEDRI) that is accessed through EPA's Central Data
Exchange (CDX) (https://cdx.epa.gov/). However, if the reporting form
specific to this subpart is not available in CEDRI at the time that the
report is due, the written report must be submitted to the
Administrator at the appropriate address listed in Sec. 60.4.
Beginning on February 26, 2025, submit annual report electronically
according to paragraph (g) of this section.
(f) Beginning on February 26, 2025, within 60 days after the date
of completing each performance test, you must submit the results
following the procedures specified in paragraph (g) of this section.
Data collected using test methods that are supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test must be submitted in a file
format generated using the EPA's ERT. Alternatively, you may submit an
electronic file consistent with the extensible markup language (XML)
schema listed on the EPA's ERT website. Data collected using test
methods that are not supported by the EPA's ERT as listed on the EPA's
ERT website at the time of the test must be included as an attachment
in the ERT or an alternate electronic file.
(g) If you are required to submit notifications or reports
following the procedure specified in this paragraph (g), you must
submit notifications or reports to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI), which can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).
The EPA will make all the information submitted through CEDRI available
to the public without further notice to you. Do not use CEDRI to submit
information you claim as CBI. Although we do not expect persons to
assert a claim of CBI, if you wish to assert a CBI claim for some of
the information in the report or notification, you must submit a
complete file in the format specified in this subpart, including
information claimed to be CBI, to the EPA following the procedures in
paragraphs (g)(1) and (2) of this section. Clearly mark the part or all
of the information that you claim to be CBI. Information not marked as
CBI may be authorized for public release without prior notice.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. All CBI claims must be
asserted at the time of submission. Anything submitted using CEDRI
cannot later be claimed CBI. Furthermore, under CAA section 114(c),
emissions data is not entitled to confidential treatment, and the EPA
is required to make emissions data
[[Page 70515]]
available to the public. Thus, emissions data will not be protected as
CBI and will be made publicly available. You must submit the same file
submitted to the CBI office with the CBI omitted to the EPA via the
EPA's CDX as described earlier in this paragraph (g).
(1) The preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol, or
other online file sharing services. Electronic submissions must be
transmitted directly to the OAQPS CBI Office at the email address
[email protected], and as described in paragraph (g) of this section,
should include clear CBI markings. ERT files should be flagged to the
attention of the Group Leader, Measurement Policy Group; all other
files should be flagged to the attention of the Stationary Spark
Ignition Internal Combustion Engine Sector Lead. If assistance is
needed with submitting large electronic files that exceed the file size
limit for email attachments, and if you do not have your own file
sharing service, please email [email protected] to request a file
transfer link.
(2) If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following address:
OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental
Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research
Triangle Park, North Carolina 27711. ERT files should be sent to the
attention of the Group Leader, Measurement Policy Group, and all other
files should be sent to the attention of the Stationary Spark Ignition
Internal Combustion Engine Sector Lead. The mailed CBI material should
be double wrapped and clearly marked. Any CBI markings should not show
through the outer envelope.
(h) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with that reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (h)(1) through (7) of this section.
(1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
(2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
(3) The outage may be planned or unplanned.
(4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(5) You must provide to the Administrator a written description
identifying:
(i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
(iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
(iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
(6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
(7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
(i) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with that reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (i)(1) through (5) of this section.
(1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
(2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(3) You must provide to the Administrator:
(i) A written description of the force majeure event;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
(iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
(iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
(4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
(5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
(j) Any records required to be maintained by this subpart that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as
part of an on-site compliance evaluation.
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
5. 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
6. Amend Sec. 63.6603 by revising paragraphs (c)(1) through (4) to
read as follows:
Sec. 63.6603 What emission limitations, operating limitations, and
other requirements must I meet if I own or operate an existing
stationary RICE located at an area source of HAP emissions?
* * * * *
(c) * * *
(1) Change oil every 1,000 hours of operation or within 1 year + 30
days of the previous change, whichever comes first. Sources have the
option to utilize an oil analysis program as described in Sec.
63.6625(i) in order to extend the specified oil change requirement.
(2) Inspect and clean air filters every 750 hours of operation or
within 1 year + 30 days of the previous inspection, whichever comes
first, and replace as necessary.
[[Page 70516]]
(3) Inspect fuel filters and belts, if installed, every 750 hours
of operation or within 1 year + 30 days of the previous inspection,
whichever comes first, and replace as necessary.
(4) Inspect all flexible hoses every 1,000 hours of operation or
within 1 year + 30 days of the previous inspection, whichever comes
first, and replace as necessary.
* * * * *
0
7. Amend Sec. 63.6620 by adding paragraph (j) to read as follows:
Sec. 63.6620 What performance tests and other procedures must I use?
* * * * *
(j) Beginning on February 26, 2025, within 60 days after the date
of completing each performance test required by this subpart, you must
submit the results of the performance test following the procedure
specified in Sec. 63.9(k). Data collected using test methods supported
by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT
website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test must be
submitted in a file format generated using the EPA's ERT.
Alternatively, you may submit an electronic file consistent with the
extensible markup language (XML) schema listed on the EPA's ERT
website. Data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's ERT website at the time of the
test must be included as an attachment in the ERT or alternate
electronic file.
0
8. Amend Sec. 63.6625 by:
0
a. Adding paragraph (a)(5); and
0
b. Revising paragraphs (i) and (j).
The additions and revisions read as follows:
Sec. 63.6625 What are my monitoring, installation, collection,
operation, and maintenance requirements?
* * * * *
(a) * * *
(5) Beginning on February 26, 2025, within 60 days after the date
of completing each continuous emissions monitoring system (CEMS)
performance evaluation (as defined in Sec. 63.2) that includes a
relative accuracy test audit (RATA), you must submit the results of the
performance evaluation following the procedures specified in Sec.
63.9(k). The results of performance evaluations of CEMS measuring RATA
pollutants that are supported by the EPA's ERT as listed on the EPA's
ERT website at the time of the evaluation must be submitted in a file
format generated using the EPA's ERT. Alternatively, you may submit an
electronic file consistent with the XML schema listed on the EPA's ERT
website. The results of performance evaluations of CEMS measuring RATA
pollutants that are not supported by the EPA's ERT as listed on the
EPA's ERT website at the time of the evaluation must be included as an
attachment in the ERT or alternate electronic file.
* * * * *
(i) If you own or operate a stationary CI engine that is subject to
the work, operation or management practices in items 1 or 2 of table 2c
to this subpart or in items 1 or 4 of table 2d to this subpart, you
have the option of utilizing an oil analysis program in order to extend
the specified oil and filter change requirement in tables 2c and 2d to
this subpart. The oil analysis must be performed at the same frequency
specified for changing the oil and filter in table 2c or 2d to this
subpart. The analysis program must at a minimum analyze the following
three parameters: Total Base Number, viscosity, and percent water
content. The condemning limits for these parameters are as follows:
Total Base Number is less than 30 percent of the Total Base Number of
the oil when new; viscosity of the oil has changed by more than 20
percent from the viscosity of the oil when new; or percent water
content (by volume) is greater than 0.5. If all of these condemning
limits are not exceeded, the engine owner or operator is not required
to change the oil and filter. If any of the limits are exceeded, the
engine owner or operator must change the oil and filter within 2
business days of receiving the results of the analysis; if the engine
is not in operation when the results of the analysis are received, the
engine owner or operator must change the oil and filter within 2
business days or before commencing operation, whichever is later. The
owner or operator must keep records of the parameters that are analyzed
as part of the program, the results of the analysis, and the oil and
filter changes for the engine. The analysis program must be part of the
maintenance plan for the engine.
(j) If you own or operate a stationary SI engine that is subject to
the work, operation or management practices in items 6, 7, or 8 of
table 2c to this subpart or in items 5, 6, 7, 8, 10, 11, or 13 of table
2d to this subpart, you have the option of utilizing an oil analysis
program in order to extend the specified oil and filter change
requirement in tables 2c and 2d to this subpart. The oil analysis must
be performed at the same frequency specified for changing the oil and
filter in table 2c or 2d to this subpart. The analysis program must at
a minimum analyze the following three parameters: Total Acid Number,
viscosity, and percent water content. The condemning limits for these
parameters are as follows: Total Acid Number increases by more than 3.0
milligrams of potassium hydroxide (KOH) per gram from Total Acid Number
of the oil when new; viscosity of the oil has changed by more than 20
percent from the viscosity of the oil when new; or percent water
content (by volume) is greater than 0.5. If all of these condemning
limits are not exceeded, the engine owner or operator is not required
to change the oil and filter. If any of the limits are exceeded, the
engine owner or operator must change the oil and filter within 2
business days of receiving the results of the analysis; if the engine
is not in operation when the results of the analysis are received, the
engine owner or operator must change the oil and filter within 2
business days or before commencing operation, whichever is later. The
owner or operator must keep records of the parameters that are analyzed
as part of the program, the results of the analysis, and the oil and
filter changes for the engine. The analysis program must be part of the
maintenance plan for the engine.
0
9. Amend Sec. 63.6645 by:
0
a. Revising paragraphs (b), (c), (d), (e), (h)(2) introductory text;
and
0
b. Adding paragraphs (h)(2)(i) and (ii).
The revisions and additions read as follows:
Sec. 63.6645 What notifications must I submit and when?
* * * * *
(b) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions before the effective date of this
subpart, you must submit an initial notification not later than
December 13, 2004, or no later than 120 days after the source becomes
subject to this subpart, whichever is later. Beginning on February 26,
2025, submit the notification electronically in portable document
format (PDF) consistent with Sec. 63.9(k).
(c) If you start up your new or reconstructed stationary RICE with
a site rating of more than 500 brake HP located at a major source of
HAP emissions on or after August 16, 2004, you must submit an initial
notification not later than 120 days after you become subject to this
subpart. Beginning on February 26, 2025, submit the notification
electronically in PDF consistent with Sec. 63.9(k).
[[Page 70517]]
(d) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE with a site rating of equal to or less than 500 brake
HP located at a major source of HAP emissions before the effective date
of this subpart and you are required to submit an initial notification,
you must submit an initial notification not later than July 16, 2008,
or no later than 120 days after the source becomes subject to this
subpart, whichever is later. Beginning on February 26, 2025, submit the
notification electronically in PDF consistent with Sec. 63.9(k).
(e) If you start up your new or reconstructed stationary RICE with
a site rating of equal to or less than 500 brake HP located at a major
source of HAP emissions on or after March 18, 2008, and you are
required to submit an initial notification, you must submit an initial
notification not later than 120 days after you become subject to this
subpart. Beginning on February 26, 2025, submit the notification
electronically in PDF consistent with Sec. 63.9(k).
* * * * *
(h) * * *
(2) Before February 26, 2025, for each initial compliance
demonstration required in table 5 to this subpart that includes a
performance test conducted according to the requirements in table 3 to
this subpart, you must submit the Notification of Compliance Status,
including the performance test results, before the close of business on
the 60th day following the completion of the performance test according
to Sec. 63.10(d)(2). Beginning on February 26, 2025, for each initial
compliance demonstration required in table 5 to this subpart that
includes a performance test conducted according to the requirements in
table 3 to this subpart, you must submit the Notification of Compliance
Status, including a summary of the performance test results, in PDF to
the EPA via the Compliance and Emissions Data Reporting Interface
(CEDRI), before the close of business on the 60th day following the
completion of the performance test following the procedure specified in
Sec. 63.9(k), except any Confidential Business Information (CBI) is to
be submitted according to paragraphs (h)(2)(i) and (ii) of this
section. Do not use CEDRI to submit information you claim as CBI.
Although we do not expect persons to assert a claim of CBI, if you wish
to assert a CBI claim for some of the information in the report, you
must submit a complete file, including information claimed to be CBI,
to the EPA following the procedures in paragraphs (h)(2)(i) and (ii) of
this section. Clearly mark the part or all of the information that you
claim to be CBI. Information not marked as CBI may be authorized for
public release without prior notice. Information marked as CBI will not
be disclosed except in accordance with procedures set forth in 40 CFR
part 2. All CBI claims must be asserted at the time of submission.
Anything submitted using CEDRI cannot later be claimed CBI.
Furthermore, under CAA section 114(c), emissions data is not entitled
to confidential treatment, and the EPA is required to make emissions
data available to the public. Thus, emissions data will not be
protected as CBI and will be made publicly available. You must submit
the same file submitted to the CBI office with the CBI omitted to the
EPA via the EPA's CDX as described earlier in this paragraph (h)(2).
(i) The preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol, or
other online file sharing services. Electronic submissions must be
transmitted directly to the OAQPS CBI Office at the email address
[email protected], and as described in paragraph (h)(2) of this section,
should include clear CBI markings and be flagged to the attention of
the Reciprocating Internal Combustion Engine Sector Lead. If assistance
is needed with submitting large electronic files that exceed the file
size limit for email attachments, and if you do not have your own file
sharing service, please email [email protected] to request a file
transfer link.
(ii) If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following address:
OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental
Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research
Triangle Park, North Carolina 27711, Attention Reciprocating Internal
Combustion Engine Sector Lead. The mailed CBI material should be double
wrapped and clearly marked. Any CBI markings should not show through
the outer envelope.
* * * * *
0
10. Amend Sec. 63.6650 by:
0
a. Revising paragraph (c) introductory text and paragraph (c)(4);
0
b. Adding paragraphs (c)(7) through (9);
0
c. Revising paragraphs (d), (e) introductory text, paragraphs (e)(2),
(3), and (5) through (7);
0
d. Removing and reserving paragraph (e)(9);
0
e. Adding paragraph (e)(13);
0
f. Revising paragraphs (f), (h)(1)(iii), (ix), and (h)(3); and
0
g. Adding paragraph (i).
The revisions and additions read as follows:
Sec. 63.6650 What reports must I submit and when?
* * * * *
(c) The Compliance report must contain the information in
paragraphs (c)(1) through (8) of this section.
* * * * *
(4) If you had a malfunction during the reporting period, the
compliance report must include the starting and ending date and time,
the duration (in hours), and a brief description for each malfunction
which occurred during the reporting period and which caused or may have
caused any applicable emission limitation to be exceeded. The report
must also include a description of actions taken by an owner or
operator during a malfunction of an affected source to minimize
emissions in accordance with Sec. 63.6605(b), including actions taken
to correct a malfunction.
* * * * *
(7) Engine site rating in brake HP, year construction of the engine
commenced (as defined in Sec. 63.2, where the exact year is not known,
provide the best estimate), and type of engine (CI, SI 2SLB, SI 4SLB,
or SI 4SRB).
(8) Latitude and longitude of the engine in decimal degrees
reported to the fifth decimal place.
(9) An engine can be claimed as exempt from reporting coordinates
(latitude/longitude) via CEDRI if:
(i) During the reporting period, the engine will be owned by, or
operated by or for, an agency of the Federal Government responsible for
national defense; and
(ii) The agency determines that disclosing the coordinates to the
general public would be a threat to national security.
(d) For each deviation from an emission or operating limitation
that occurs for a stationary RICE where you are not using a CMS to
comply with the emission or operating limitations in this subpart, the
Compliance report must contain the information in paragraphs (c)(1)
through (8) of this section and the information in paragraphs (d)(1)
and (2) of this section.
(1) The total operating time (in hours) of the stationary RICE at
which the deviation occurred during the reporting period.
(2) Information on the number, duration (in hours), and cause of
deviations (including unknown cause, if applicable), as applicable, and
the corrective action taken.
[[Page 70518]]
(3) A description of any changes in processes, or controls since
the last reporting period.
(e) For each deviation from an emission or operating limitation
occurring for a stationary RICE where you are using a CMS to comply
with the emission and operating limitations in this subpart, you must
include information in paragraphs (c)(1) through (8) and (e)(1) through
(13) of this section.
* * * * *
(2) The start and end date and time and the duration (in hours)
that each CMS was inoperative, except for zero (low-level) and high-
level checks.
(3) The start and end date and time and the duration (in hours)
that each CMS was out-of-control, including the information in Sec.
63.8(c)(8).
* * * * *
(5) A summary of the total duration (in hours) of the deviation
during the reporting period, and the total duration as a percent of the
total source operating time during that reporting period.
(6) A breakdown of the total duration (in hours) of the deviations
during the reporting period into those that are due to control
equipment problems, process problems, other known causes, and other
unknown causes.
(7) A summary of the total duration (in hours) of CMS downtime
during the reporting period, and the total duration of CMS downtime as
a percent of the total operating time of the stationary RICE at which
the CMS downtime occurred during that reporting period.
* * * * *
(13) The total operating time of the stationary RICE at which the
deviation occurred during the reporting period.
(f) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 71 must report all deviations as
defined in this subpart in the semiannual monitoring report required by
40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected
source submits a Compliance report pursuant to table 7 of this subpart
along with, or as part of, the semiannual monitoring report required by
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the
Compliance report includes all required information concerning
deviations from any emission or operating limitation in this subpart,
submission of the Compliance report shall be deemed to satisfy any
obligation to report the same deviations in the semiannual monitoring
report. However, submission of a Compliance report shall not otherwise
affect any obligation the affected source may have to report deviations
from permit requirements to the permit authority. Beginning on February
26, 2025, the semiannual and annual compliance report required in table
7 of this subpart must be submitted according to paragraph (i) of this
section. Only those elements required under this subpart are required
to be submitted according to paragraph (i) of this section.
* * * * *
(h) * * *
(1) * * *
(iii) Engine site rating in brake HP, year construction of the
engine commenced (as defined in Sec. 63.2, where the exact year is not
known, provide the best estimate), and type of engine (CI, SI 2SLB, SI
4SLB, or SI 4SRB).
* * * * *
(ix) If there were deviations from the fuel requirements in Sec.
63.6604 that apply to the engine (if any), information on the number,
duration (in hours), and cause of deviations, and the corrective action
taken.
* * * * *
(3) Before February 26, 2025, the annual report must be submitted
electronically using the subpart specific reporting form in the
Compliance and Emissions Data Reporting Interface (CEDRI) that is
accessed through EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). However, if the reporting form specific to this subpart
is not available in CEDRI at the time that the report is due, the
written report must be submitted to the Administrator at the
appropriate address listed in Sec. 63.13. Beginning on February 26,
2025, the annual report must be submitted according to paragraph (i) of
this section.
(i) Beginning on February 26, 2025 for the annual report specified
in Sec. 63.6650(h) and February 26, 2025 or one year after the report
becomes available in CEDRI, whichever is later for all other semiannual
or annual reports, submit all semiannual and annual subsequent
compliance reports using the appropriate electronic report template on
the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this subpart and following the procedure specified
in Sec. 63.9(k), except any CBI must be submitted according to the
procedures in Sec. 63.6645(h). The date report templates become
available will be listed on the CEDRI website. Unless the Administrator
or delegated state agency or other authority has approved a different
schedule for submission of reports, the report must be submitted by the
deadline specified in this subpart, regardless of the method in which
the report is submitted.
0
11. Amend Sec. 63.6655 by revising paragraph (a)(2) to read as
follows:
Sec. 63.6655 What records must I keep?
(a) * * *
(2) Records of the occurrence and duration (in hours) of each
malfunction of operation (i.e., process equipment) or the air pollution
control and monitoring equipment.
* * * * *
0
12. Amend Sec. 63.6670 by adding paragraph (c)(6) to read as follows:
Sec. 63.6670 Who implements and enforces this subpart?
* * * * *
(c) * * *
(6) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.
0
13. Revise Table 2c to subpart ZZZZ of part 63 to read as follows:
[[Page 70519]]
Table 2c to Subpart ZZZZ of Part 63--Requirements for Existing
Compression Ignition Stationary RICE Located at a Major Source of HAP
Emissions and Existing Spark Ignition Stationary RICE <=500 HP Located
at a Major Source of HAP Emissions
[As stated in Sec. Sec. 63.6600, 63.6602, and 63.6640, you must
comply with the following requirements for existing compression ignition
stationary RICE located at a major source of HAP emissions and existing
spark ignition stationary RICE <=500 HP located at a major source of HAP
emissions]
------------------------------------------------------------------------
You must meet the
following
requirement, During periods of
For each . . . except during startup you must .
periods of startup . .
. . .
------------------------------------------------------------------------
1. Emergency stationary CI RICE a. Change oil and Minimize the
and black start stationary CI filter every 500 engine's time
RICE \1\. hours of spent at idle and
operation or minimize the
within 1 year + engine's startup
30 days of the time at startup
previous change, to a period
whichever comes needed for
first \2\. appropriate and
b. Inspect air safe loading of
cleaner every the engine, not
1,000 hours of to exceed 30
operation or minutes, after
within 1 year + which time the
30 days of the non-startup
previous emission
inspection, limitations
whichever comes apply.\3\
first, and
replace as
necessary;.
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
2. Non-Emergency, non-black a. Change oil and
start stationary CI RICE <100 filter every
HP. 1,000 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first \2\.
b. Inspect air
cleaner every
1,000 hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary;
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
3. Non-Emergency, non-black Limit
start CI stationary RICE concentration of
100<=HP<=300 HP. CO in the
stationary RICE
exhaust to 230
ppmvd or less at
15 percent O2.
4. Non-Emergency, non-black a. Limit
start CI stationary RICE concentration of
300500 concentration of
HP. CO in the
stationary RICE
exhaust to 23
ppmvd or less at
15 percent O2; or
b. Reduce CO
emissions by 70
percent or more.
6. Emergency stationary SI RICE a. Change oil and
and black start stationary SI filter every 500
RICE.\1\. hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \2\
b. Inspect spark
plugs every 1,000
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary;
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
7. Non-Emergency, non-black a. Change oil and
start stationary SI RICE <100 filter every
HP that are not 2SLB stationary 1,440 hours of
RICE. operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \2\
b. Inspect spark
plugs every 1,440
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
c. Inspect all
hoses and belts
every 1,440 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
8. Non-Emergency, non-black a. Change oil and
start 2SLB stationary SI RICE filter every
<100 HP. 4,320 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \2\
b. Inspect spark
plugs every 4,320
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary;
c. Inspect all
hoses and belts
every 4,320 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
9. Non-emergency, non-black Limit
start 2SLB stationary RICE concentration of
100<=HP<=500. CO in the
stationary RICE
exhaust to 225
ppmvd or less at
15 percent O2.
10. Non-emergency, non-black Limit
start 4SLB stationary RICE concentration of
100<=HP<=500. CO in the
stationary RICE
exhaust to 47
ppmvd or less at
15 percent O2.
11. Non-emergency, non-black Limit
start 4SRB stationary RICE concentration of
100<=HP<=500. formaldehyde in
the stationary
RICE exhaust to
10.3 ppmvd or
less at 15
percent O2.
[[Page 70520]]
12. Non-emergency, non-black Limit
start stationary RICE concentration of
100<=HP<=500 which combusts CO in the
landfill or digester gas stationary RICE
equivalent to 10 percent or exhaust to 177
more of the gross heat input on ppmvd or less at
an annual basis. 15 percent O2.
------------------------------------------------------------------------
\1\ If an emergency engine is operating during an emergency and it is
not possible to shut down the engine in order to perform the work
practice requirements on the schedule required in table 2c of this
subpart, or if performing the work practice on the required schedule
would otherwise pose an unacceptable risk under Federal, state, or
local law, the work practice can be delayed until the emergency is
over or the unacceptable risk under Federal, state, or local law has
abated. The work practice should be performed as soon as practicable
after the emergency has ended or the unacceptable risk under Federal,
state, or local law has abated. Sources must report any failure to
perform the work practice on the schedule required and the Federal,
state or local law under which the risk was deemed unacceptable.
\2\ Sources have the option to utilize an oil analysis program as
described in Sec. 63.6625(i) or (j) in order to extend the specified
oil change requirement in table 2c of this subpart.
\3\ Sources can petition the Administrator pursuant to the requirements
of 40 CFR 63.6(g) for alternative work practices.
0
14. Revise Table 2d to subpart ZZZZ of part 63 to read as follows:
Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing
Stationary RICE Located at Area Sources of HAP Emissions
[As stated in Sec. Sec. 63.6603 and 63.6640, you must comply with the
following requirements for existing stationary RICE located at area
sources of HAP emissions:]
------------------------------------------------------------------------
You must meet the
following
requirement, During periods of
For each . . . except during startup you must .
periods of startup . .
. . .
------------------------------------------------------------------------
1. Non-Emergency, non-black a. Change oil and Minimize the
start CI stationary RICE <=300 filter every engine's time
HP. 1,000 hours of spent at idle and
operation or minimize the
within 1 year + engine's startup
30 days of the time at startup
previous change, to a period
whichever comes needed for
first; \1\ appropriate and
b. Inspect air safe loading of
cleaner every the engine, not
1,000 hours of to exceed 30
operation or minutes, after
within 1 year + which time the
30 days of the non-startup
previous emission
inspection, limitations
whichever comes apply.
first, and
replace as
necessary;.
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
2. Non-Emergency, non-black a. Limit
start CI stationary RICE concentration of
300500 concentration of
HP. CO in the
stationary RICE
exhaust to 23
ppmvd at 15
percent O2; or
b. Reduce CO
emissions by 70
percent or more.
4. Emergency stationary CI RICE a. Change oil and
and black start stationary CI filter every 500
RICE.\2\ hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect air
cleaner every
1,000 hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
5. Emergency stationary SI RICE; a. Change oil and
black start stationary SI RICE; filter every 500
non-emergency, non-black start hours of
4SLB stationary RICE >500 HP operation or
that operate 24 hours or less within 1 year +
per calendar year; non- 30 days of the
emergency, non-black start 4SRB previous change,
stationary RICE >500 HP that whichever comes
operate 24 hours or less per first; \1\
calendar year.\2\ b. Inspect spark
plugs every 1,000
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and.
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
6. Non-emergency, non-black a. Change oil and
start 2SLB stationary RICE. filter every
4,320 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 4,320
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
[[Page 70521]]
c. Inspect all
hoses and belts
every 4,320 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
7. Non-emergency, non-black a. Change oil and
start 4SLB stationary RICE filter every
<=500 HP. 1,440 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 1,440
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 1,440 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
8. Non-emergency, non-black a. Change oil and
start 4SLB remote stationary filter every
RICE >500 HP. 2,160 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 2,160
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 2,160 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
9. Non-emergency, non-black Install an
start 4SLB stationary RICE >500 oxidation
HP that are not remote catalyst to
stationary RICE and that reduce HAP
operate more than 24 hours per emissions from
calendar year. the stationary
RICE.
10. Non-emergency, non-black a. Change oil and
start 4SRB stationary RICE filter every
<=500 HP. 1,440 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 1,440
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 1,440 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
11. Non-emergency, non-black a. Change oil and
start 4SRB remote stationary filter every
RICE >500 HP. 2,160 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 2,160
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 2,160 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
12. Non-emergency, non-black Install NSCR to
start 4SRB stationary RICE >500 reduce HAP
HP that are not remote emissions from
stationary RICE and that the stationary
operate more than 24 hours per RICE.
calendar year.
13. Non-emergency, non-black a. Change oil and
start stationary RICE which filter every
combusts landfill or digester 1,440 hours of
gas equivalent to 10 percent or operation or
more of the gross heat input on within 1 year +
an annual basis. 30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 1,440
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and.
c. Inspect all
hoses and belts
every 1,440 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
------------------------------------------------------------------------
\1\ Sources have the option to utilize an oil analysis program as
described in Sec. 63.6625(i) or (j) in order to extend the specified
oil change requirement in table 2d of this subpart.
\2\ If an emergency engine is operating during an emergency and it is
not possible to shut down the engine in order to perform the
management practice requirements on the schedule required in table 2d
of this subpart, or if performing the management practice on the
required schedule would otherwise pose an unacceptable risk under
Federal, state, or local law, the management practice can be delayed
until the emergency is over or the unacceptable risk under Federal,
state, or local law has abated. The management practice should be
performed as soon as practicable after the emergency has ended or the
unacceptable risk under Federal, state, or local law has abated.
Sources must report any failure to perform the management practice on
the schedule required and the Federal, state or local law under which
the risk was deemed unacceptable.
[[Page 70522]]
* * * * *
0
15. Revise Table 7 to subpart ZZZZ of part 63 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 requirements in
source of HAP; existing non- limitations or Sec.
emergency, non-black start operating 63.6650(b)(1)-(5)
stationary CI RICE >500 HP limitations that and (i) for engines
located at a major source of HAP; apply to you, a that are not
existing non-emergency 4SRB statement that limited use
stationary RICE >500 HP located there were no stationary RICE
at a major source of HAP; deviations from the subject to
existing non-emergency, non-black emission numerical emission
start stationary CI RICE >300 HP limitations or limitations; and
located at an area source of HAP; operating ii. Annually
new or reconstructed non- limitations during according to the
emergency stationary RICE >500 HP the reporting requirements in
located at a major source of HAP; period. If there Sec.
and new or reconstructed non- were no periods 63.6650(b)(6)-(9)
emergency 4SLB stationary RICE during which the and (i) for engines
250<=HP<=500 located at a major CMS, including CEMS that are limited
source of HAP. and CPMS, was out- use stationary RICE
of-control, as subject to
specified in Sec. numerical emission
63.8(c)(7), a limitations.
statement that i. Semiannually
there were not according to the
periods during requirements in
which the CMS was Sec. 63.6650(b)
out-of-control and (i).
during the
reporting period;
or
b. If you had a
deviation from any
emission limitation
or operating
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 requirements in
period, the Sec. 63.6650(b)
information in Sec. and (i).
63.6650(c)(4).
2. New or reconstructed non- Report.......................... a. The fuel flow i. Annually,
emergency stationary RICE that rate of each fuel according to the
combusts landfill gas or digester and the heating requirements in
gas equivalent to 10 percent or values that were Sec. 63.6650.
more of the gross heat input on used in your
an annual basis. 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 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 i. Semiannually
black start 4SLB and 4SRB the annual according to the
stationary RICE >500 HP located compliance requirements in
at an area source of HAP that are demonstration, if Sec.
not remote stationary RICE and conducted during 63.6650(b)(1)-(5)
that operate more than 24 hours the reporting and (i).
per calendar year. period.
4. Emergency stationary RICE that Report.......................... a. The information i. Annually
operate for the purposes in Sec. according to the
specified in Sec. 63.6650(h)(1). requirements in
63.6640(f)(4)(ii). Sec.
63.6650(h)(2)-(3)
and (i).
----------------------------------------------------------------------------------------------------------------
0
16. Revise Table 8 to subpart ZZZZ of part 63 to read as follows:
Table 8 to Subpart ZZZZ of Part 63--Applicability of General Provisions to Subpart ZZZZ
[As stated in Sec. 63.6665, you must comply with the following applicable general provisions]
----------------------------------------------------------------------------------------------------------------
General provisions citation Subject of citation Applies to subpart Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1....................... General applicability Yes............................
of the General
Provisions.
Sec. 63.2....................... Definitions.......... Yes............................ Additional terms
defined in Sec.
63.6675.
Sec. 63.3....................... Units and Yes............................
abbreviations.
Sec. 63.4....................... Prohibited activities Yes............................
and circumvention.
[[Page 70523]]
Sec. 63.5....................... Construction and Yes............................
reconstruction.
Sec. 63.6(a).................... Applicability........ Yes............................
Sec. 63.6(b)(1)-(4)............. Compliance dates for Yes............................
new and
reconstructed
sources.
Sec. 63.6(b)(5)................. Notification......... Yes............................
Sec. 63.6(b)(6)................. [Reserved]...........
Sec. 63.6(b)(7)................. Compliance dates for Yes............................
new and
reconstructed area
sources that become
major sources.
Sec. 63.6(c)(1)-(2)............. Compliance dates for Yes............................
existing sources.
Sec. 63.6(c)(3)-(4)............. [Reserved]...........
Sec. 63.6(c)(5)................. Compliance dates for Yes............................
existing area
sources that become
major sources.
Sec. 63.6(d).................... [Reserved]...........
Sec. 63.6(e).................... Operation and No.............................
maintenance.
Sec. 63.6(f)(1)................. Applicability of No.............................
standards.
Sec. 63.6(f)(2)................. Methods for Yes............................
determining
compliance.
Sec. 63.6(f)(3)................. Finding of compliance Yes............................
Sec. 63.6(g)(1)-(3)............. Use of alternate Yes............................
standard.
Sec. 63.6(h).................... Opacity and visible No............................. Subpart ZZZZ does
emission standards. not contain opacity
or visible emission
standards.
Sec. 63.6(i).................... Compliance extension Yes............................
procedures and
criteria.
Sec. 63.6(j).................... Presidential Yes............................
compliance exemption.
Sec. 63.7(a)(1)-(2)............. Performance test Yes............................ Subpart ZZZZ
dates. contains
performance test
dates at Sec. Sec.
63.6610, 63.6611,
and 63.6612.
Sec. 63.7(a)(3)................. CAA section 114 Yes............................
authority.
Sec. 63.7(b)(1)................. Notification of Yes............................ Except that Sec.
performance test. 63.7(b)(1) only
applies as
specified in Sec.
63.6645.
Sec. 63.7(b)(2)................. Notification of Yes............................ Except that Sec.
rescheduling. 63.7(b)(2) only
applies as
specified in Sec.
63.6645.
Sec. 63.7(c).................... Quality assurance/ Yes............................ Except that Sec.
test plan. 63.7(c) only
applies as
specified in Sec.
63.6645.
Sec. 63.7(d).................... Testing facilities... Yes............................
Sec. 63.7(e)(1)................. Conditions for No............................. Subpart ZZZZ
conducting specifies
performance tests. conditions for
conducting
performance tests
at Sec. 63.6620.
Sec. 63.7(e)(2)................. Conduct of Yes............................ Subpart ZZZZ
performance tests specifies test
and reduction of methods at Sec.
data. 63.6620.
Sec. 63.7(e)(3)................. Test run duration.... Yes............................
Sec. 63.7(e)(4)................. Administrator may Yes............................
require other
testing under
section 114 of the
CAA.
Sec. 63.7(f).................... Alternative test Yes............................
method provisions.
Sec. 63.7(g).................... Performance test data Yes............................
analysis,
recordkeeping, and
reporting.
Sec. 63.7(h).................... Waiver of tests...... Yes............................
Sec. 63.8(a)(1)................. Applicability of Yes............................ Subpart ZZZZ
monitoring contains specific
requirements. requirements for
monitoring at Sec.
63.6625.
Sec. 63.8(a)(2)................. Performance Yes............................
specifications.
Sec. 63.8(a)(3)................. [Reserved]...........
Sec. 63.8(a)(4)................. Monitoring for No.............................
control devices.
Sec. 63.8(b)(1)................. Monitoring........... Yes............................
Sec. 63.8(b)(2)-(3)............. Multiple effluents Yes............................
and multiple
monitoring systems.
Sec. 63.8(c)(1)................. Monitoring system Yes............................
operation and
maintenance.
Sec. 63.8(c)(1)(i).............. Routine and No.............................
predictable SSM.
Sec. 63.8(c)(1)(ii)............. SSM not in Startup Yes............................
Shutdown Malfunction
Plan.
Sec. 63.8(c)(1)(iii)............ Compliance with No.............................
operation and
maintenance
requirements.
Sec. 63.8(c)(2)-(3)............. Monitoring system Yes............................
installation.
Sec. 63.8(c)(4)................. Continuous monitoring Yes............................ Except that subpart
system (CMS) ZZZZ does not
requirements. require Continuous
Opacity Monitoring
System (COMS).
Sec. 63.8(c)(5)................. COMS minimum No............................. Subpart ZZZZ does
procedures. not require COMS.
Sec. 63.8(c)(6)-(8)............. CMS requirements..... Yes............................ Except that subpart
ZZZZ does not
require COMS.
[[Page 70524]]
Sec. 63.8(d).................... CMS quality control.. Yes............................
Sec. 63.8(e).................... CMS performance Yes............................ Except for Sec.
evaluation. 63.8(e)(5)(ii),
which applies to
COMS.
Except that Sec.
63.8(e) only
applies as
specified in Sec.
63.6645.
Sec. 63.8(f)(1)-(5)............. Alternative Yes............................ Except that Sec.
monitoring method. 63.8(f)(4) only
applies as
specified in Sec.
63.6645.
Sec. 63.8(f)(6)................. Alternative to Yes............................ Except that Sec.
relative accuracy 63.8(f)(6) only
test. applies as
specified in Sec.
63.6645.
Sec. 63.8(g).................... Data reduction....... Yes............................ Except that
provisions for COMS
are not applicable.
Averaging periods
for demonstrating
compliance are
specified at Sec.
Sec. 63.6635 and
63.6640.
Sec. 63.9(a).................... Applicability and Yes............................
State delegation of
notification
requirements.
Sec. 63.9(b)(1)-(5)............. Initial notifications Yes............................ Except that Sec.
63.9(b)(3) is
reserved.
Except that Sec.
63.9(b) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(c).................... Request for Yes............................ Except that Sec.
compliance extension. 63.9(c) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(d).................... Notification of Yes............................ Except that Sec.
special compliance 63.9(d) only
requirements for new applies as
sources. specified in Sec.
63.6645.
Sec. 63.9(e).................... Notification of Yes............................ Except that Sec.
performance test. 63.9(e) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(f).................... Notification of No............................. Subpart ZZZZ does
visible emission not contain opacity
(VE)/opacity test. or VE standards.
Sec. 63.9(g)(1)................. Notification of Yes............................ Except that Sec.
performance 63.9(g) only
evaluation. applies as
specified in Sec.
63.6645.
Sec. 63.9(g)(2)................. Notification of use No............................. Subpart ZZZZ does
of COMS data. not contain opacity
or VE standards.
Sec. 63.9(g)(3)................. Notification that Yes............................ If alternative is in
criterion for use.
alternative to RATA Except that Sec.
is exceeded. 63.9(g) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(h)(1)-(6)............. Notification of Yes............................ Except that
compliance status. notifications for
sources using a
CEMS are due 30
days after
completion of
performance
evaluations. Sec.
63.9(h)(4) is
reserved.
Except that Sec.
63.9(h) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(i).................... Adjustment of Yes............................
submittal deadlines.
Sec. 63.9(j).................... Change in previous Yes............................
information.
Sec. 63.9(k).................... Electronic reporting Yes............................ Only as specified in
procedures. Sec. Sec.
63.9(j), 63.6620,
63.6625, 63.6645,
and 63.6650.
Sec. 63.10(a)................... Administrative Yes............................
provisions for
recordkeeping/
reporting.
Sec. 63.10(b)(1)................ Record retention..... Yes............................ Except that the most
recent 2 years of
data do not have to
be retained on
site.
Sec. 63.10(b)(2)(i)-(v)......... Records related to No.............................
SSM.
Sec. 63.10(b)(2)(vi)-(xi)....... Records.............. Yes............................
Sec. 63.10(b)(2)(xii)........... Record when under Yes............................
waiver.
Sec. 63.10(b)(2)(xiii).......... Records when using Yes............................ For CO standard if
alternative to RATA. using RATA
alternative.
Sec. 63.10(b)(2)(xiv)........... Records of supporting Yes............................
documentation.
Sec. 63.10(b)(3)................ Records of Yes............................
applicability
determination.
Sec. 63.10(c)................... Additional records Yes............................ Except that Sec.
for sources using 63.10(c)(2)-(4) and
CEMS. (9) are reserved.
Sec. 63.10(d)(1)................ General reporting Yes............................
requirements.
Sec. 63.10(d)(2)................ Report of performance Yes............................
test results.
Sec. 63.10(d)(3)................ Reporting opacity or No............................. Subpart ZZZZ does
VE observations. not contain opacity
or VE standards.
Sec. 63.10(d)(4)................ Progress reports..... Yes............................
Sec. 63.10(d)(5)................ Startup, shutdown, No.............................
and malfunction
reports.
Sec. 63.10(e)(1) and (2)(i)..... Additional CMS Yes............................
Reports.
Sec. 63.10(e)(2)(ii)............ COMS-related report.. No............................. Subpart ZZZZ does
not require COMS.
[[Page 70525]]
Sec. 63.10(e)(3)................ Excess emission and No............................. Excess emissions and
parameter exceedance
exceedances reports. reporting is
specified in Sec.
63.6650.
Sec. 63.10(e)(4)................ Reporting COMS data.. No............................. Subpart ZZZZ does
not require COMS.
Sec. 63.10(f)................... Waiver for Yes............................
recordkeeping/
reporting.
Sec. 63.11...................... Flares............... No.............................
Sec. 63.12...................... State authority and Yes............................
delegations.
Sec. 63.13...................... Addresses............ Yes............................
Sec. 63.14...................... Incorporation by Yes............................
reference.
Sec. 63.15...................... Availability of Yes............................
information.
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[FR Doc. 2024-18766 Filed 8-29-24; 8:45 am]
BILLING CODE 6560-50-P