Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12863 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0708, FRL–9277–3] 

RIN 2060–AQ78 

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; amendments. 

SUMMARY: EPA is taking direct final 

action to promulgate amendments to a 

final rule that provided national 

emission standards for hazardous air 

pollutants for existing stationary spark 

ignition reciprocating internal 

combustion engines. The final rule was 

published on August 20, 2010. This 

direct final action amends certain 

regulatory text to clarify compliance 

requirements related to continuous 

parameter monitoring systems. EPA is 

also correcting minor typographical 

errors in the regulatory text to the 

August 20, 2010, action. 

DATES: The direct final rule is effective 

on May 9, 2011, without further notice, 

unless EPA receives significant adverse 

written comment by April 8, 2011 on 

any portion of this rule, or if a public 

hearing is requested by March 16, 2011. 

If significant adverse comments are 

received on any or all of the 

amendments, EPA will publish a timely 

withdrawal in the Federal Register 

clarifying which provisions will become 

effective and which provisions are being 

withdrawn due to adverse comment. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0708, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center 

(6102T), National Emission Standards 

for Hazardous Air Pollutant for 

Stationary Reciprocating Internal 

Combustion Engines Docket, Docket ID 

No. EPA–HQ–OAR–2008–0708, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. Please include a total of two 

copies. In addition, please mail a copy 

of your comments on the information 

collection provisions to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, Attn: 

Desk Officer for EPA, 725 17th St., NW., 

Washington, DC 20503. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center (6102T), National 

Emission Standards for Hazardous Air 

Pollutant for Stationary Reciprocating 

Internal Combustion Engines Docket, 

Docket ID No. EPA–HQ–OAR–2008– 

0708, EPA West, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. Please 

include a total of two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0708. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. EPA also 

relies on documents in Docket ID Nos. 

EPA–HQ–OAR–2002–0059, EPA–HQ– 

OAR–2005–0029, and EPA–HQ–OAR– 

2005–0030, and incorporated those 

dockets into the record for this action. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Docket Center is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Melanie King, Energy Strategies Group, 

Sector Policies and Programs Division 

(D243–01), Environmental Protection 

Agency, Research Triangle Park, North 

Carolina 27711; telephone number (919) 

541–2469; facsimile number (919) 541– 

5450; e-mail address 

king.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of This Document. The 

following outline is provided to aid in 

locating information in the preamble. 

I. What is the background for the 

amendments? 

II. What are the changes to the final rule? 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act of 1995 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. What is the background for the 

amendments? 

On August 20, 2010 (75 FR 51570), 

EPA issued final amendments to the 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

Stationary Reciprocating Internal 

Combustion Engines (RICE). EPA has 

subsequently determined, following 

discussions with affected parties, that 

the final rule warrants clarification in 

certain areas. First, certain portions of 

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12864 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

the operation and maintenance 

requirements for continuous parameter 

monitoring systems (CPMS) are unclear. 

Second, sources asked for guidance 

regarding the requirement to conduct a 

temperature measurement calibration 

check. Finally, EPA is correcting an 

inadvertent error in the definition for 

‘‘spark ignition.’’ This action makes 

these clarifications and corrects these 

errors. 

EPA is issuing the amendments as a 

direct final rule, without a prior 

proposal, because we view the revisions 

as noncontroversial and anticipate no 

adverse comment. However, in the 

Proposed Rules section of this Federal 

Register notice, EPA is publishing a 

separate document that will serve as the 

proposal to amend the RICE NESHAP if 

significant adverse comments are filed. 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. EPA would address 

all public comments in any subsequent 

final rule based on the proposed rule. 

II. What are the changes to the final 

rule? 

This direct final rule clarifies the 

provisions related to the data collection 

requirements for CPMS. After 

promulgation of the August 20, 2010, 

final rule, affected sources indicated 

that the CPMS operation, maintenance, 

and data collection requirements in 40 

CFR 63.6625(b) were unclear. In 

particular, sources were not clear about 

the intent of the requirements for 

minimum availability of data. This 

action clarifies those requirements. It 

specifies that the requirement to 

monitor operating parameters on a 

continuous basis applies at all times the 

process is operating, except for periods 

of monitoring system malfunctions, 

repairs associated with monitoring 

system malfunctions, and required 

monitoring system quality assurance or 

quality control activities. This direct 

final rule also corrects an inadvertent 

error in the averaging time for the 

operating parameter data. Paragraph 40 

CFR 63.6625(b)(4) required sources to 

determine a 3-hour block average of the 

parameter, which was not consistent 

with the requirements in Table 6 of 40 

CFR part 63, subpart ZZZZ to determine 

a 4-hour rolling average. This action 

clarifies that sources should determine 

the 4-hour rolling average as specified 

in Table 6 to 40 CFR part 63, subpart 

ZZZZ and removes the reference to a 3- 

hour block average in 40 CFR 

63.6625(b). The operating parameter 

data should be reduced to 1-hour 

averages, and the 4-hour rolling average 

should be determined using the rolling 

average of the four hourly averages. 

Affected sources were also unclear 

regarding the requirement in 40 CFR 

63.6625(k)(4) to conduct a temperature 

measurement calibration check at least 

every 3 months, and asked EPA for 

guidance on appropriate methods for 

conducting the calibration check. More 

specifically, sources struggled with the 

intention of the term ‘‘calibration 

check,’’ wondering whether classical 

techniques such as the use of ice and 

boiling water baths would be the sole 

acceptable means of demonstrating a 

‘‘calibration check.’’ In addition, sources 

wondered whether just the sensor or the 

entire system should be subject to a 

‘‘calibration check.’’ This action replaces 

the term ‘‘calibration check’’ with 

‘‘system accuracy audit’’ to better reflect 

EPA’s intent. EPA recognizes that there 

are many ways for a source to 

demonstrate that its measurement 

system—as opposed to individual 

sensors—are producing and should be 

expected to continue producing valid 

data, and EPA affords sources the ability 

to tailor their monitoring plans to 

accommodate their system accuracy 

audit preferences. System accuracy 

audit techniques could include, but are 

not limited to, the use of redundant 

sensors or the use of a reference 

temperature gauge inserted in a thermal 

well co-located with the CPMS sensor. 

In both of the examples given above, 

each sensor would provide an 

assessment of the other’s operation as 

demonstrated through a comparison of 

their individual values, and, when 

coupled with the other parts of a system 

accuracy audit and approved by EPA, 

could fulfill the rule requirements. 

Affected sources also indicated that the 

requirement to conduct quarterly checks 

of the temperature measurement device 

was unreasonable because engines may 

be located in remote locations that 

could be difficult for personnel trained 

in the equipment performance check 

procedures to reach on a quarterly basis. 

EPA recognizes that for these sources, 

the requirement to conduct quarterly 

checks may be too burdensome given 

the remote location of the engines, and 

has determined that annual checks of 

the temperature measurement device 

equipment are acceptable for stationary 

engines to ensure the equipment is 

producing valid data. EPA therefore is 

amending the requirement to specify 

that the temperature measurement 

device checks must be performed on an 

annual basis rather than quarterly. 

The August 20, 2010, final 

amendments specified that the engine 

owner/operator must develop and 

submit for approval a site-specific 

monitoring plan for each CPMS. The 

monitoring plan must address elements 

of monitoring system design, 

performance, and data quality assurance 

and quality control consistent with the 

general provisions in part 63 and 

requirements of 40 CFR part 63, subpart 

ZZZZ. EPA notes that 40 CFR 63.8(f)(4) 

of the General Provisions allows the 

source to use the monitoring plan 

development and approval process to 

propose and apply alternatives to CPMS 

quality assurance and quality control 

requirements identified in the rule. 

Affected sources also indicated that 

there was insufficient time for sources 

that were already subject to 40 CFR part 

63 subpart ZZZZ to comply with the 

CPMS operation and maintenance 

requirements established in the August 

20, 2010, final rule. EPA agrees that it 

is appropriate to provide a period of 

lead time for sources that would have 

been immediately affected by the new 

specifications for CPMS operation and 

maintenance. EPA is therefore 

amending the final rule to provide an 

additional 180 days before sources must 

comply with the CPMS operation and 

maintenance procedures in 40 CFR 

63.6625(b). 

This action also corrects an 

inadvertent error in 40 CFR 63.6603(a), 

which should have referenced Table 1b 

to 40 CFR part 63, subpart ZZZZ in 

addition to Table 2b. Table 1b includes 

the operating limitation requirements 

for existing stationary spark ignition 

four-stroke rich burn engines greater 

than 500 horsepower (HP) located at 

area sources of hazardous air pollutants. 

The introductory text to Tables 1b and 

2b should also have contained a 

reference to 40 CFR 63.6603, and this 

action corrects that inadvertent error. 

This action also corrects an inadvertent 

error in Table 1b to 40 CFR part 63, 

subpart ZZZZ. The last line of Item 2 in 

Table 6 should have read ‘‘* * * and 

not using NSCR,’’ and this action 

corrects that inadvertent error. 

This action also clarifies the initial 

compliance requirements in Table 5 to 

40 CFR part 63, subpart ZZZZ. The table 

as finalized did not clearly indicate the 

initial compliance requirements for 

existing non-emergency stationary 

engines larger than 500 HP complying 

with the option to limit the 

concentration of carbon monoxide (CO) 

or formaldehyde. The requirements 

were only shown for existing nonemergency stationary engines larger 

than 500 HP complying with the option 

to meet a percent reduction requirement 

for CO or formaldehyde. The 

requirements for those engines meeting 

a concentration limit are the same as 

those meeting a percent reduction limit, 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12865 

except that for those engines meeting a 

concentration limit, emissions are not 

required to be measured at the inlet of 

the emission control device as well as 

the outlet. This action also corrects an 

inadvertent error in Table 6 to 40 CFR 

part 63, subpart ZZZZ. Item 13.a. in 

Table 6 should have read ‘‘* * * and 

not using an oxidation catalyst or 

NSCR,’’ and this action corrects that 

inadvertent error. 

Finally, this action corrects the 

definition for ‘‘Spark ignition.’’ The 

word ‘‘with’’ was inadvertently omitted 

from the definition, and EPA is 

amending the definition to insert ‘‘with’’ 

immediately following the phrase ‘‘A 

gasoline-fueled engine; or any other 

type of engine. * * *’’ 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is, therefore, not subject to review by the 

Office of Management and Budget 

(OMB). This action is a clarification of 

and correction to certain text in the final 

rule and is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). However, the final 

rule promulgated on August 20, 2010, 

was reviewed by OMB. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action adds clarifications and 

corrections to the final standards. 

However, OMB has previously approved 

the information collection requirements 

contained in the existing regulation 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2060–0548. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by Small Business 

Administration (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district, or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impact of this direct final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small because it 

does not add any additional regulatory 

requirements because this action only 

clarifies the existing compliance 

requirements and corrects typographical 

errors. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act (UMRA), 2 U.S.C 1531– 

1538, requires Federal agencies, unless 

otherwise prohibited by law, to assess 

the effects of their regulatory actions on 

State, local, and tribal governments and 

the private sector. Federal agencies must 

also develop a plan to provide notice to 

small governments that might be 

significantly or uniquely affected by any 

regulatory requirements. The plan must 

enable officials of affected small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory proposals with significant 

Federal intergovernmental mandates 

and must inform, educate, and advise 

small governments on compliance with 

the regulatory requirements. 

This direct final rule does not contain 

a Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and tribal governments, 

in the aggregate, or the private sector in 

any one year. Thus, this final rule is not 

subject to the requirements of section 

202 and 205 of the UMRA. 

This final action is also not subject to 

the requirements of section 203 of the 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

final action contains no requirements 

that apply to such governments, 

imposes no obligations upon them, and 

will not result in expenditures by them 

of $100 million or more in any one year 

or any disproportionate impacts on 

them. 

E. Executive Order 13132: Federalism 

Executive Order 13132 (64 FR 43255, 

August 10, 1999) requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

This direct final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. None of the 

affected facilities are owned or operated 

by State governments. Thus, Executive 

Order 13132 does not apply to these 

final rules. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Subject to the Executive Order 13175 

(65 FR 67249, November 9, 2000) EPA 

may not issue a regulation that has tribal 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by tribal governments, or 

EPA consults with tribal officials early 

in the process of developing the 

regulation and develops a tribal 

summary impact statement. 

This direct final rule does not have 

tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). It will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175. 

The final rule imposes no new 

requirements on the one tribally owned 

facility. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern health or safety risks, such that 

the analysis required under section 

5–501 of the Executive Order has the 

potential to influence the regulation. 

This action is not subject to Executive 

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12866 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

Order 13045 because it is based solely 

on technology performance. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113 (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable VCS. 

This action does not involve changes 

to the technical standards related to test 

methods or monitoring methods; thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629) 

(February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The direct final rule does not involve 

special consideration of environmental 

justice-related issues as required by 

Executive Order 12898, Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994), because it does not change any 

regulatory requirements. This action 

merely corrects and clarifies existing 

requirements. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This action 

is effective May 9, 2011. 

List of Subjects in 40 CFR Part 63 

Administrative practice and 

procedure, Air pollution control, 

Hazardous substances, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: March 1, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, part 63 of 

the Code of Federal Regulations is 

amended as follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart ZZZZ—[Amended] 

■ 2. Section 63.6603 is amended by 

revising paragraph (a) to read as follows: 

§ 63.6603 What emission limitations and 

operating limitations must I meet if I own or 

operate an existing stationary RICE located 

at an area source of HAP emissions? 

* * * * * 

(a) If you own or operate an existing 

stationary RICE located at an area source 

of HAP emissions, you must comply 

with the requirements in Table 2d to 

this subpart and the operating 

limitations in Table 1b and Table 2b to 

this subpart that apply to you. 

* * * * * 

■ 3. Section 63.6625 is amended by 

revising paragraph (b) and removing 

paragraph (k) to read as follows: 

§ 63.6625 What are my monitoring, 

installation, collection, operation, and 

maintenance requirements? 

* * * * * 

(b) If you are required to install a 

continuous parameter monitoring 

system (CPMS) as specified in Table 5 

of this subpart, you must install, 

operate, and maintain each CPMS 

according to the requirements in 

paragraphs (b)(1) through (5) of this 

section. For an affected source that is 

complying with the emission limitations 

and operating limitations on March 9, 

2011, the requirements in paragraph (b) 

of this section are applicable September 

6, 2011. 

(1) You must prepare a site-specific 

monitoring plan that addresses the 

monitoring system design, data 

collection, and the quality assurance 

and quality control elements outlined in 

paragraphs (b)(1)(i) through (v) of this 

section and in § 63.8(d). As specified in 

§ 63.8(f)(4), you may request approval of 

monitoring system quality assurance 

and quality control procedures 

alternative to those specified in 

paragraphs (b)(1) through (5) of this 

section in your site-specific monitoring 

plan. 

(i) The performance criteria and 

design specifications for the monitoring 

system equipment, including the sample 

interface, detector signal analyzer, and 

data acquisition and calculations; 

(ii) Sampling interface (e.g., 

thermocouple) location such that the 

monitoring system will provide 

representative measurements; 

(iii) Equipment performance 

evaluations, system accuracy audits, or 

other audit procedures; 

(iv) Ongoing operation and 

maintenance procedures in accordance 

with provisions in § 63.8(c)(1) and 

(c)(3); and 

(v) Ongoing reporting and 

recordkeeping procedures in accordance 

with provisions in § 63.10(c), (e)(1), and 

(e)(2)(i). 

(2) You must install, operate, and 

maintain each CPMS in continuous 

operation according to the procedures in 

your site-specific monitoring plan. 

(3) The CPMS must collect data at 

least once every 15 minutes (see also 

§ 63.6635). 

(4) For a CPMS for measuring 

temperature range, the temperature 

sensor must have a minimum tolerance 

of 2.8 degrees Celsius (5 degrees 

Fahrenheit) or 1 percent of the 

measurement range, whichever is larger. 

(5) You must conduct the CPMS 

equipment performance evaluation, 

system accuracy audits, or other audit 

procedures specified in your sitemstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12867 

specific monitoring plan at least 

annually. 

(6) You must conduct a performance 

evaluation of each CPMS in accordance 

with your site-specific monitoring plan. 

* * * * * 

■ 4. Section 63.6635 is amended by 

revising paragraphs (b) and (c) to read 

as follows: 

§ 63.6635 How do I monitor and collect 

data to demonstrate continuous 

compliance? 

* * * * * 

(b) Except for monitor malfunctions, 

associated repairs, required performance 

evaluations, and required quality 

assurance or control activities, you must 

monitor continuously at all times that 

the stationary RICE is operating. A 

monitoring malfunction is any sudden, 

infrequent, not reasonably preventable 

failure of the monitoring to provide 

valid data. Monitoring failures that are 

caused in part by poor maintenance or 

careless operation are not malfunctions. 

(c) You may not use data recorded 

during monitoring malfunctions, 

associated repairs, and required quality 

assurance or control activities in data 

averages and calculations used to report 

emission or operating levels. You must, 

however, use all the valid data collected 

during all other periods. 

■ 5. Section 63.6675 is amended by 

revising the definition of Spark ignition 

to read as follows: 

§ 63.6635 What definitions apply to this 

subpart? 

* * * * * 

Spark ignition means relating to 

either: A gasoline-fueled engine; or any 

other type of engine with a spark plug 

(or other sparking device) and with 

operating characteristics significantly 

similar to the theoretical Otto 

combustion cycle. Spark ignition 

engines usually use a throttle to regulate 

intake air flow to control power during 

normal operation. Dual-fuel engines in 

which a liquid fuel (typically diesel 

fuel) is used for CI and gaseous fuel 

(typically natural gas) is used as the 

primary fuel at an annual average ratio 

of less than 2 parts diesel fuel to 100 

parts total fuel on an energy equivalent 

basis are spark ignition engines. 

* * * * * 

■ 6. Table 1b to Subpart ZZZZ of Part 

63 is revised to read as follows: 

Table 1b to Subpart ZZZZ of Part 63— 

Operating Limitations for Existing, New, 

and Reconstructed Spark Ignition 4SRB 

Stationary RICE >500 HP Located at a 

Major Source of HAP Emissions and 

Existing Spark Ignition 4SRB Stationary 

RICE >500 HP Located at an Area 

Source of HAP Emissions 

As stated in §§ 63.6600, 63.6603, 

63.6630 and 63.6640, you must comply 

with the following operating limitations 

for existing, new and reconstructed 

4SRB stationary RICE >500 HP located 

at a major source of HAP emissions and 

existing 4SRB stationary RICE >500 HP 

located at an area source of HAP 

emissions that operate more than 24 

hours per calendar year: 

For each . . . You must meet the following operating limitation . . . 

1. 4SRB stationary RICE complying with the requirement to reduce 

formaldehyde emissions by 76 percent or more (or by 75 percent or 

more, if applicable) and using NSCR; or 

4SRB stationary RICE complying with the requirement to limit the 

concentration of formaldehyde in the stationary RICE exhaust to 

350 ppbvd or less at 15 percent O2 and using NSCR; or 

4SRB stationary RICE complying with the requirement to limit the 

concentration of formaldehyde in the stationary RICE exhaust to 

2.7 ppmvd or less at 15 percent O2 and using NSCR. 

a. Maintain your catalyst so that the pressure drop across the catalyst 

does not change by more than 2 inches of water at 100 percent load 

plus or minus 10 percent from the pressure drop across the catalyst 

measured during the initial performance test; and 

b. Maintain the temperature of your stationary RICE exhaust so that 

the catalyst inlet temperature is greater than or equal to 750 °F and 

less than or equal to 1250 °F. 

2. 4SRB stationary RICE complying with the requirement to reduce 

formaldehyde emissions by 76 percent or more (or by 75 percent or 

more, if applicable) and not using NSCR; or 

4SRB stationary RICE complying with the requirement to limit the 

concentration of formaldehyde in the stationary RICE exhaust to 

350 ppbvd or less at 15 percent O2 and not using NSCR; or 

4SRB stationary RICE complying with the requirement to limit the 

concentration of formaldehyde in the stationary RICE exhaust to 

2.7 ppmvd or less at 15 percent O2 and not using NSCR. 

Comply with any operating limitations approved by the Administrator. 

■ 7. Table 2b to Subpart ZZZZ of Part 

63 introductory text is revised to read as 

follows: 

Table 2b to Subpart ZZZZ of Part 63— 

Operating Limitations for New and 

Reconstructed 2SLB and Compression 

Ignition Stationary RICE >500 HP 

Located at a Major Source of HAP 

Emissions, New and Reconstructed 

4SLB Stationary RICE ≥250 HP Located 

at a Major Source of HAP Emissions, 

Existing Compression Ignition 

Stationary RICE >500 HP, and Existing 

4SLB Stationary RICE >500 HP Located 

at an Area Source of HAP Emissions 

As stated in §§ 63.6600, 63.6601, 

63.6603, 63.6630, and 63.6640, you 

must comply with the following 

operating limitations for new and 

reconstructed 2SLB and compression 

ignition stationary RICE located at a 

major source of HAP emissions; new 

and reconstructed 4SLB stationary RICE 

≥250 HP located at a major source of 

HAP emissions; existing compression 

ignition stationary RICE >500 HP; and 

existing 4SLB stationary RICE >500 HP 

located at an area source of HAP 

emissions that operate more than 24 

hours per calendar year: 

* * * * * 

■ 8. Table 5 to Subpart ZZZZ of Part 63 

is revised to read as follows: 

Table 5 to Subpart ZZZZ of Part 63— 

Initial Compliance With Emission 

Limitations and Operating Limitations 

As stated in §§ 63.6612, 63.6625 and 

63.6630, you must initially comply with 

the emission and operating limitations 

as required by the following: 

mstockstill on DSKH9S0YB1PROD with RULES

12868 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

For each . . . Complying with the requirement to . . . You have demonstrated initial compliance 

if . . . 

1. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

source of HAP, new or reconstructed nonemergency 4SLB stationary RICE ≥250 HP 

located at a major source of HAP, non-emergency stationary CI RICE >500 HP located at 

a major source of HAP, existing non-emergency stationary CI RICE >500 HP located at 

an area source of HAP, and existing nonemergency 4SLB stationary RICE >500 HP 

located at an area source of HAP that are 

operated more than 24 hours per calendar 

year.

a. Reduce CO emissions and using oxidation 

catalyst, and using a CPMS.

i. The average reduction of emissions of CO 

determined from the initial performance test 

achieves the required CO percent reduction; and 

ii. You have installed a CPMS to continuously 

monitor catalyst inlet temperature according 

to the requirements in § 63.6625(b); and 

iii. You have recorded the catalyst pressure 

drop and catalyst inlet temperature during 

the initial performance test. 

2. Non-emergency stationary CI RICE >500 HP 

located at a major source of HAP, existing 

non-emergency stationary CI RICE >500 HP 

located at an area source of HAP, and existing non-emergency 4SLB stationary RICE 

>500 HP located at an area source of HAP 

that are operated more than 24 hours per 

calendar year.

a. Limit the concentration of CO, using oxidation catalyst, and using a CPMS.i. The average CO concentration determined 

from the initial performance test is less than 

or equal to the CO emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor catalyst inlet temperature according 

to the requirements in § 63.6625(b); and 

iii. You have recorded the catalyst pressure 

drop and catalyst inlet temperature during 

the initial performance test. 

3. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

source of HAP, new or reconstructed nonemergency 4SLB stationary RICE ≥250 HP 

located at a major source of HAP, non-emergency stationary CI RICE >500 HP located at 

a major source of HAP, existing non-emergency stationary CI RICE >500 HP located at 

an area source of HAP, and existing nonemergency 4SLB stationary RICE >500 HP 

located at an area source of HAP that are 

operated more than 24 hours per calendar 

year.

a. Reduce CO emissions and not using oxidation catalyst.i. The average reduction of emissions of CO 

determined from the initial performance test 

achieves the required CO percent reduction; and 

ii. You have installed a CPMS to continuously 

monitor operating parameters approved by 

the Administrator (if any) according to the 

requirements in § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

4. Non-emergency stationary CI RICE >500 HP 

located at a major source of HAP, existing 

non-emergency stationary CI RICE >500 HP 

located at an area source of HAP, and existing non-emergency 4SLB stationary RICE 

>500 HP located at an area source of HAP 

that are operated more than 24 hours per 

calendar year.

a. Limit the concentration of CO, and not 

using oxidation catalyst.

i. The average CO concentration determined 

from the initial performance test is less than 

or equal to the CO emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor operating parameters approved by 

the Administrator (if any) according to the 

requirements in § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

5. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

source of HAP, new or reconstructed nonemergency 4SLB stationary RICE ≥250 HP 

located at a major source of HAP, non-emergency stationary CI RICE >500 HP located at 

a major source of HAP, existing non-emergency stationary CI RICE >500 HP located at 

an area source of HAP, and existing nonemergency 4SLB stationary RICE >500 HP 

located at an area source of HAP that are 

operated more than 24 hours per calendar 

year.

a. Reduce CO emissions, and using a CEMS i. You have installed a CEMS to continuously 

monitor CO and either O2 or CO2 at both 

the inlet and outlet of the oxidation catalyst 

according to the requirements in 

§ 63.6625(a); and 

ii. You have conducted a performance evaluation of your CEMS using PS 3 and 4A of 40 

CFR part 60, appendix B; and 

iii. The average reduction of CO calculated 

using § 63.6620 equals or exceeds the required percent reduction. The initial test 

comprises the first 4-hour period after successful validation of the CEMS. Compliance 

is based on the average percent reduction 

achieved during the 4-hour period. 

6. Non-emergency stationary CI RICE >500 HP 

located at a major source of HAP, existing 

non-emergency stationary CI RICE >500 HP 

located at an area source of HAP, and existing non-emergency 4SLB stationary RICE 

>500 HP located at an area source of HAP 

that are operated more than 24 hours per 

calendar year.

a. Limit the concentration of CO, and using a 

CEMS.

i. You have installed a CEMS to continuously 

monitor CO and either O2 or CO2 at the 

outlet of the oxidation catalyst according to 

the requirements in § 63.6625(a); and 

ii. You have conducted a performance evaluation of your CEMS using PS 3 and 4A of 40 

CFR part 60, appendix B; and 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12869 

For each . . . Complying with the requirement to . . . You have demonstrated initial compliance 

if . . . 

iii. The average concentration of CO calculated using § 63.6620 is less than or 

equal to the CO emission limitation. The initial test comprises the first 4-hour period 

after successful validation of the CEMS. 

Compliance is based on the average concentration measured during the 4-hour period. 

7. Non-emergency 4SRB stationary RICE >500 

HP located at a major source of HAP, and 

existing non-emergency 4SRB stationary 

RICE >500 HP located at an area source of 

HAP that are operated more than 24 hours 

per calendar year.

a. Reduce formaldehyde emissions and using 

NSCR.

i. The average reduction of emissions of formaldehyde determined from the initial performance test is equal to or greater than 

the required formaldehyde percent reduction; and 

ii. You have installed a CPMS to continuously 

monitor catalyst inlet temperature according 

to the requirements in § 63.6625(b); and 

iii. You have recorded the catalyst pressure 

drop and catalyst inlet temperature during 

the initial performance test. 

8. Non-emergency 4SRB stationary RICE >500 

HP located at a major source of HAP, and 

existing non-emergency 4SRB stationary 

RICE >500 HP located at an area source of 

HAP that are operated more than 24 hours 

per calendar year.

a. Reduce formaldehyde emissions and not 

using NSCR.

i. The average reduction of emissions of formaldehyde determined from the initial performance test is equal to or greater than 

the required formaldehyde percent reduction; and 

ii. You have installed a CPMS to continuously 

monitor operating parameters approved by 

the Administrator (if any) according to the 

requirements in § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

9. Existing non-emergency 4SRB stationary 

RICE >500 HP located at an area source of 

HAP that are operated more than 24 hours 

per calendar year.

a. Limit the concentration of formaldehyde 

and not using NSCR.

i. The average formaldehyde concentration 

determined from the initial performance test 

is less than or equal to the formaldehyde 

emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor operating parameters approved by 

the Administrator (if any) according to the 

requirements in § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

10. New or reconstructed non-emergency stationary RICE >500 HP located at a major 

source of HAP, new or reconstructed nonemergency 4SLB stationary RICE 

250≤HP≤500 located at a major source of 

HAP, and existing non-emergency 4SRB stationary RICE >500 HP.

a. Limit the concentration of formaldehyde in 

the stationary RICE exhaust and using oxidation catalyst or NSCR.

i. The average formaldehyde concentration, 

corrected to 15 percent O2, dry basis, from 

the three test runs is less than or equal to 

the formaldehyde emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor catalyst inlet temperature according 

to the requirements in § 63.6625(b); and 

iii. You have recorded the catalyst pressure 

drop and catalyst inlet temperature during 

the initial performance test. 

11. New or reconstructed non-emergency stationary RICE >500 HP located at a major 

source of HAP, new or reconstructed nonemergency 4SLB stationary RICE 

250≤HP≤500 located at a major source of 

HAP, and existing non-emergency 4SRB stationary RICE >500 HP.

a. Limit the concentration of formaldehyde in 

the stationary RICE exhaust and not using 

oxidation catalyst or NSCR.

i. The average formaldehyde concentration, 

corrected to 15 percent O2, dry basis, from 

the three test runs is less than or equal to 

the formaldehyde emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor operating parameters approved by 

the Administrator (if any) according to the 

requirements in § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

12. Existing non-emergency stationary RICE 

100≤HP≤500 located at a major source of 

HAP, and existing non-emergency stationary 

CI RICE 300<HP≤500 located at an area 

source of HAP.

a. Reduce CO or formaldehyde emissions ..... i. The average reduction of emissions of CO 

or formaldehyde, as applicable determined 

from the initial performance test is equal to 

or greater than the required CO or formaldehyde, as applicable, percent reduction. 

mstockstill on DSKH9S0YB1PROD with RULES

12870 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

For each . . . Complying with the requirement to . . . You have demonstrated initial compliance 

if . . . 

13. Existing non-emergency stationary RICE 

100≤HP≤500 located at a major source of 

HAP, and existing non-emergency stationary 

CI RICE 300<HP≤500 located at an area 

source of HAP.

a. Limit the concentration of formaldehyde or 

CO in the stationary RICE exhaust.

i. The average formaldehyde or CO concentration, as applicable, corrected to 15 

percent O2, dry basis, from the three test 

runs is less than or equal to the formaldehyde or CO emission limitation, as applicable. 

■ 9. Table 6 to Subpart ZZZZ of Part 63 

is revised to read as follows: 

Table 6 to Subpart ZZZZ of Part 63— 

Continuous Compliance With Emission 

Limitations, Operating Limitations, 

Work Practices, and Management 

Practices 

As stated in § 63.6640, you must 

continuously comply with the 

emissions and operating limitations and 

work or management practices as 

required by the following: 

For each . . . Complying with the requirement to . . . You must demonstrate continuous compliance 

by . . . 

1. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

source of HAP, new or reconstructed nonemergency 4SLB stationary RICE ≥250 HP 

located at a major source of HAP, and new 

or reconstructed non-emergency CI stationary RICE >500 HP located at a major 

source of HAP.

a. Reduce CO emissions and using an oxidation catalyst, and using a CPMS.i. Conducting semiannual performance tests 

for CO to demonstrate that the required CO 

percent reduction is achieved; a and 

ii. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

iii. Reducing these data to 4-hour rolling averages; and 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

v. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

2. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

source of HAP, new or reconstructed nonemergency 4SLB stationary RICE ≥250 HP 

located at a major source of HAP, and new 

or reconstructed non-emergency CI stationary RICE >500 HP located at a major 

source of HAP.

a. Reduce CO emissions and not using an 

oxidation catalyst, and using a CPMS.

i. Conducting semiannual performance tests 

for CO to demonstrate that the required CO 

percent reduction is achieved; a and 

ii. Collecting the approved operating parameter (if any) data according to § 63.6625(b); 

and 

iii. Reducing these data to 4-hour rolling averages; and 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

3. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

source of HAP, new or reconstructed nonemergency 4SLB stationary RICE ≥250 HP 

located at a major source of HAP, new or reconstructed non-emergency stationary CI 

RICE >500 HP located at a major source of 

HAP, existing non-emergency stationary CI 

RICE >500 HP, existing non-emergency 

4SLB stationary RICE >500 HP located at an 

area source of HAP that are operated more 

than 24 hours per calendar year.

a. Reduce CO emissions or limit the concentration of CO in the stationary RICE exhaust, and using a CEMS.i. Collecting the monitoring data according to 

§ 63.6625(a), reducing the measurements 

to 1-hour averages, calculating the percent 

reduction or concentration of CO emissions 

according to § 63.6620; and 

ii. Demonstrating that the catalyst achieves 

the required percent reduction of CO emissions over the 4-hour averaging period, or 

that the emission remain at or below the 

CO concentration limit; and 

iii. Conducting an annual RATA of your CEMS 

using PS 3 and 4A of 40 CFR part 60, appendix B, as well as daily and periodic data 

quality checks in accordance with 40 CFR 

part 60, appendix F, procedure 1. 

4. Non-emergency 4SRB stationary RICE >500 

HP located at a major source of HAP.

a. Reduce formaldehyde emissions and using 

NSCR.

i. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

ii. Reducing these data to 4-hour rolling averages; and 

iii. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12871 

For each . . . Complying with the requirement to . . . You must demonstrate continuous compliance 

by . . . 

iv. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

5. Non-emergency 4SRB stationary RICE >500 

HP located at a major source of HAP.

a. Reduce formaldehyde emissions and not 

using NSCR.

i. Collecting the approved operating parameter (if any) data according to § 63.6625(b); 

and 

ii. Reducing these data to 4-hour rolling averages; and 

iii. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

6. Non-emergency 4SRB stationary RICE with 

a brake HP ≥5,000 located at a major source 

of HAP.

a. Reduce formaldehyde emissions ................ Conducting semiannual performance tests for 

formaldehyde to demonstrate that the required formaldehyde percent reduction is 

achieved.a

7. 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.

a. Limit the concentration of formaldehyde in 

the stationary RICE exhaust and using oxidation catalyst or NSCR.

i. Conducting semiannual performance tests 

for formaldehyde to demonstrate that your 

emissions remain at or below the formaldehyde concentration limit; a and 

ii. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

iii. Reducing these data to 4-hour rolling averages; and 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

v. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

8. 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.

a. Limit the concentration of formaldehyde in 

the stationary RICE exhaust and not using 

oxidation catalyst or NSCR.

i. Conducting semiannual performance tests 

for formaldehyde to demonstrate that your 

emissions remain at or below the formaldehyde concentration limit; a and 

ii. Collecting the approved operating parameter (if any) data according to § 63.6625(b); 

and 

iii. Reducing these data to 4-hour rolling averages; and 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

9. Existing emergency and black start stationary RICE ≤500 HP located at a major 

source of HAP, existing non-emergency stationary RICE <100 HP located at a major 

source of HAP, existing emergency and black 

start stationary RICE located at an area 

source of HAP, existing non-emergency stationary CI RICE ≤300 HP located at an area 

source of HAP, existing non-emergency 

2SLB stationary RICE located at an area 

source of HAP, existing non-emergency landfill or digester gas stationary SI RICE located 

at an area source of HAP, existing non-emergency 4SLB and 4SRB stationary RICE ≤500 

HP located at an area source of HAP, existing non-emergency 4SLB and 4SRB stationary RICE >500 HP located at an area 

source of HAP that operate 24 hours or less 

per calendar year.

a. Work or Management practices .................. i. Operating and maintaining the stationary 

RICE according to the manufacturer’s emission-related operation and maintenance instructions; or 

ii. Develop and follow your own maintenance 

plan which must provide to the extent practicable for the maintenance and operation 

of the engine in a manner consistent with 

good air pollution control practice for minimizing emissions. 

mstockstill on DSKH9S0YB1PROD with RULES

12872 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

For each . . . Complying with the requirement to . . . You must demonstrate continuous compliance 

by . . . 

10. Existing stationary CI RICE >500 HP that 

are not limited use stationary RICE, and existing 4SLB and 4SRB stationary RICE >500 

HP located at an area source of HAP that 

operate more than 24 hours per calendar 

year and are not limited use stationary RICE.

a. Reduce CO or formaldehyde emissions, or 

limit the concentration of formaldehyde or 

CO in the stationary RICE exhaust, and 

using oxidation catalyst or NSCR.

i. Conducting performance tests every 8,760 

hours or 3 years, whichever comes first, for 

CO or formaldehyde, as appropriate, to 

demonstrate that the required CO or formaldehyde, as appropriate, percent reduction 

is achieved or that your emissions remain 

at or below the CO or formaldehyde concentration limit; and 

ii. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

iii. Reducing these data to 4-hour rolling averages; and 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

v. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

11. Existing stationary CI RICE >500 HP that 

are not limited use stationary RICE, and existing 4SLB and 4SRB stationary RICE >500 

HP located at an area source of HAP that 

operate more than 24 hours per calendar 

year and are not limited use stationary RICE.

a. Reduce CO or formaldehyde emissions, or 

limit the concentration of formaldehyde or 

CO in the stationary RICE exhaust, and not 

using oxidation catalyst or NSCR.

i. Conducting performance tests every 8,760 

hours or 3 years, whichever comes first, for 

CO or formaldehyde, as appropriate, to 

demonstrate that the required CO or formaldehyde, as appropriate, percent reduction 

is achieved or that your emissions remain 

at or below the CO or formaldehyde concentration limit; and 

ii. Collecting the approved operating parameter (if any) data according to § 63.6625(b); 

and 

iii. Reducing these data to 4-hour rolling averages; and 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

12. Existing limited use CI stationary RICE 

>500 HP and existing limited use 4SLB and 

4SRB stationary RICE >500 HP located at an 

area source of HAP that operate more than 

24 hours per calendar year.

a. Reduce CO or formaldehyde emissions or 

limit the concentration of formaldehyde or 

CO in the stationary RICE exhaust, and 

using an oxidation catalyst or NSCR.

i. Conducting performance tests every 8,760 

hours or 5 years, whichever comes first, for 

CO or formaldehyde, as appropriate, to 

demonstrate that the required CO or formaldehyde, as appropriate, percent reduction 

is achieved or that your emissions remain 

at or below the CO or formaldehyde concentration limit; and 

ii. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

iii. Reducing these data to 4-hour rolling averages; and 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

v. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

13. Existing limited use CI stationary RICE 

>500 HP and existing limited use 4SLB and 

4SRB stationary RICE >500 HP located at an 

area source of HAP that operate more than 

24 hours per calendar year.

a. Reduce CO or formaldehyde emissions or 

limit the concentration of formaldehyde or 

CO in the stationary RICE exhaust, and not 

using an oxidation catalyst or NSCR.

i. Conducting performance tests every 8,760 

hours or 5 years, whichever comes first, for 

CO or formaldehyde, as appropriate, to 

demonstrate that the required CO or formaldehyde, as appropriate, percent reduction 

is achieved or that your emissions remain 

at or below the CO or formaldehyde concentration limit; and 

ii. Collecting the approved operating parameter (if any) data according to § 63.6625(b); 

and 

iii. Reducing these data to 4-hour rolling averages; and 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12873 

For each . . . Complying with the requirement to . . . You must demonstrate continuous compliance 

by . . . 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

aAfter you have demonstrated compliance for two consecutive tests, you may reduce the frequency of subsequent performance tests to annually. If the results of any subsequent annual performance test indicate the stationary RICE is not in compliance with the CO or formaldehyde 

emission limitation, or you deviate from any of your operating limitations, you must resume semiannual performance tests. 

[FR Doc. 2011–5196 Filed 3–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0117; FRL–8863–2] 

Potassium Benzoate; Exemption From 

the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of potassium 

benzoate (Cas No. 582–25–2) under 40 

CFR 180.910 when used as an inert 

ingredient (preservative) in pesticide 

formulations applied to growing crops 

and raw agricultural commodities after 

harvest, and under 40 CFR 180.930 

when used as an inert ingredient 

(preservative) in pesticide formulations 

applied to animals (used for food). 

Landis International, on behalf of 

Whitmire Micro-Gen submitted two 

petitions to EPA under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

potassium benzoate. 

DATES: This regulation is effective 

March 9, 2011. Objections and requests 

for hearings must be received on or 

before May 9, 2011, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2011–0117. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Fertich, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8560; e-mail address: 

fertich.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

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 Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

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–2011–0117 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 May 9, 2011. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

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 that does not 

contain any 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 a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2011–0117, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

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