```

[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Rules and Regulations]
[Pages 6673-6724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01288]

[[Page 6673]]

Vol. 78

Wednesday,

No. 20

January 30, 2013

Part IV

Environmental Protection Agency

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40 CFR Parts 60 and 63

 National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines; New Source Performance 
Standards for Stationary Internal Combustion Engines; Final Rule

Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / 
Rules and Regulations

[[Page 6674]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2008-0708, FRL-9756-4]
RIN 2060-AQ58

National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines; New Source Performance 
Standards for Stationary Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is finalizing amendments to the national emission 
standards for hazardous air pollutants for stationary reciprocating 
internal combustion engines. The final amendments include alternative 
testing options for certain large spark ignition (generally natural 
gas-fueled) stationary reciprocating internal combustion engines, 
management practices for a subset of existing spark ignition stationary 
reciprocating internal combustion engines in sparsely populated areas 
and alternative monitoring and compliance options for the same engines 
in populated areas. The EPA is establishing management practices for 
existing compression ignition engines on offshore vessels. The EPA is 
also finalizing limits on the hours that stationary emergency engines 
may be used for emergency demand response and establishing fuel and 
reporting requirements for certain emergency engines used for emergency 
demand response. The final amendments also correct minor technical or 
editing errors in the current regulations for stationary reciprocating 
internal combustion engines.

DATES:  This final rule is effective on April 1, 2013. The 
incorporation by reference of certain publications listed in this final 
rule is approved by the Director of the Federal Register as of April 1, 
2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2008-0708. The EPA also relies on materials in 
Docket ID Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, and EPA-HQ-
OAR-2005-0030 and incorporates those dockets into the record for this 
final rule. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air Docket is (202) 566-1742.

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

SUPPLEMENTARY INFORMATION: Background Information Document. On June 7, 
2012 (77 FR 33812), the EPA proposed amendments to the national 
emission standards for hazardous air pollutants (NESHAP) for stationary 
reciprocating internal combustion engines (RICE) and the new source 
performance standards (NSPS) for stationary engines. A summary of the 
public comments on the proposal and the EPA's responses to the 
comments, as well as the Regulatory Impact Analysis Report, are 
available in Docket ID No. EPA-HQ-OAR-2008-0708.

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

I. General Information
    A. Executive Summary
    B. Does this action apply to me?
    C. Where can I get a copy of this document?
    D. Judicial Review
II. Summary of Final Amendments
    A. Total Hydrocarbon Compliance Demonstration Option
    B. Emergency Demand Response and Reliability
    C. Peak Shaving
    D. Non-Emergency Stationary SI RICE Greater Than 500 HP Located 
at Area Sources
    E. Stationary CI RICE Certified to Tier Standards
    F. Definition for Remote Areas of Alaska
    G. Requirements for Offshore Vessels
    H. Miscellaneous Corrections and Revisions
III. Summary of Significant Changes Since Proposal
    A. Emergency Demand Response and Reliability
    B. Peak Shaving
    C. Non-Emergency Stationary SI RICE Greater Than 500 HP Located 
at Area Sources
    D. Definition for Remote Areas of Alaska
    E. Requirements for Offshore Vessels
IV. Summary of Environmental, Energy and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the benefits?
    D. What are the non-air health, environmental and energy 
impacts?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Executive Summary

1. Purpose of the Regulatory Action
    The purpose of this action is to finalize amendments to the NESHAP 
for stationary RICE under section 112 of the Clean Air Act (CAA). This 
final rule was developed to address certain issues that were raised by 
various stakeholders through lawsuits, several petitions for 
reconsideration of the 2010 RICE NESHAP amendments and other 
communications. This final rule also provides clarifications and 
corrects minor technical or editing errors in the current RICE NESHAP 
and revises the NSPS for stationary engines, 40 CFR part 60, subparts 
IIII and JJJJ, for consistency with the RICE NESHAP.
    This action is conducted under the authority of section 112 of the 
CAA, ``Hazardous Air Pollutants'' (HAP), which requires the EPA to 
establish NESHAP for the control of HAP from both new and existing 
sources in regulated source categories.

[[Page 6675]]

2. Summary of the Major Provisions of the Regulatory Action
    After promulgation of the 2010 RICE NESHAP amendments, the EPA 
received several petitions for reconsideration, legal challenges, other 
communications raising issues related to practical implementation and 
certain factual information that had not been brought to the EPA's 
attention during the rulemaking. The EPA has considered this 
information and comments submitted in response to the proposed 
amendments, and believes that amendments to the rule to address certain 
issues are appropriate. Therefore, the EPA is finalizing amendments to 
40 CFR part 63, subpart ZZZZ, NESHAP for stationary RICE. The current 
regulation applies to owners and operators of existing and new 
stationary RICE at major and area sources of HAP emissions. The 
applicability of the rule remains the same and is not changed by this 
final rule. The EPA is also finalizing amendments to the NSPS for 
stationary engines to conform with certain amendments finalized for the 
RICE NESHAP. The key amendments to the regulations are summarized in 
the following paragraphs.
    The EPA is adding an alternative compliance demonstration option 
for stationary 4-stroke rich burn (4SRB) spark ignition (SI) engines 
subject to a 76 percent or more formaldehyde reduction requirement. 
Owners and operators of 4SRB engines will be permitted to demonstrate 
compliance with the 76 percent formaldehyde reduction emission standard 
by testing emissions of total hydrocarbons (THC) and showing that the 
engine is achieving at least a 30 percent reduction of THC emissions. 
The alternative compliance option provides a less expensive and less 
complex, but equally effective, method for demonstrating compliance 
than testing for formaldehyde.
    Certain stationary RICE are maintained in order to be able to 
respond to emergency power needs. This action finalizes limitations on 
the operation of emergency engines for emergency demand response 
programs. The final rule limits operation of stationary emergency RICE 
as part of an emergency demand response program to within the 100 hours 
per year that were already permitted for maintenance and testing of the 
engines. The limitation of 100 hours per year ensures that a sufficient 
number of hours are available for engines to meet regional transmission 
organization and independent system operator tariffs and other 
requirements for participating in various emergency demand response 
programs and will assist in stabilizing the grid during periods of 
instability, preventing electrical blackouts and supporting local 
electric system reliability. The final rule also limits operation of 
certain emergency engines used to avert potential voltage collapse or 
line overloads that could lead to the interruption of power supply in a 
local area or region to 50 hours per year; this operation counts as 
part of the 100 hours of year permitted for maintenance and testing of 
the engine. This rule also establishes fuel and reporting requirements 
for emergency engines larger than 100 horsepower (HP) used for this 
purpose or used (or contractually obligated to be available) for more 
than 15 hours of emergency demand response per calendar year.
    The EPA is finalizing management practices for owners and operators 
of existing stationary 4-stroke SI engines above 500 HP that are area 
sources of HAP emissions and where the engines are remote from human 
activity. A remote area is defined as either a Department of 
Transportation (DOT) Class 1 pipeline location,\1\ or, if the engine is 
not on a pipeline, if within a 0.25 mile radius of the facility there 
are 5 or fewer buildings intended for human occupancy. The EPA 
determined that a 0.25 mile radius was appropriate because it is 
similar to the area used for the DOT Class 1 pipeline location. This 
final rule establishes management practices for these sources rather 
than numeric emission limits and associated testing and monitoring. 
This provision and the division of remote and non-remote engines into 
two separate subcategories addresses reasonable concerns with 
accessibility, infrastructure and staffing that stem from the 
remoteness of the engines and higher costs that would be associated 
with compliance with the existing requirements. Existing stationary 4-
stroke SI engines above 500 HP at area sources that are in populated 
areas (defined as not in DOT pipeline Class 1 areas, or if not on a 
pipeline, if within a 0.25 mile radius of the engine there are more 
than 5 buildings intended for human occupancy) are subject to an 
equipment standard that requires the installation of HAP-reducing 
aftertreatment. The EPA has the discretion to set an equipment standard 
as generally available control technology (GACT) for engines located at 
area sources of HAP. Sources are required to test their engines to 
demonstrate compliance initially, perform catalyst activity check-ups 
and either monitor the catalyst inlet temperature continuously or 
employ high temperature shutdown devices to protect the catalyst.
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    \1\ A Class 1 location is defined as an offshore area or any 
class location unit that has 10 or fewer buildings intended for 
human occupancy and no buildings with four or more stories within 
220 yards (200 meters) on either side of the centerline of any 
continuous 1-mile (1.6 kilometers) length of pipeline.
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    To address how certain existing compression ignition (CI) engines 
are currently regulated, the EPA is specifying that any existing CI 
engine above 300 HP at an area source of HAP emissions that was 
certified to meet the Tier 3 engine standards \2\ and was installed 
before June 12, 2006, is in compliance with the NESHAP. This provision 
creates regulatory consistency between the same engines installed 
before and after June 12, 2006. Engines at area sources of HAP for 
which construction commenced before June 12, 2006, are considered 
existing engines under the NESHAP.
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    \2\ See 40 CFR part 89--Control of Emissions From New and In-Use 
Nonroad Compression-Ignition Engines.
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    The EPA is finalizing amendments to the requirements for existing 
stationary Tier 1 and Tier 2 certified CI engines located at area 
sources that are subject to state and locally enforceable requirements 
requiring replacement of the engine by June 1, 2018. This addresses a 
specific concern regarding the interaction of the NESHAP with certain 
rules for agricultural engines in the San Joaquin Valley in California. 
The EPA is allowing these engines to meet management practices under 
the RICE NESHAP from the May 3, 2013, compliance date until January 1, 
2015, or 12 years after installation date, but not later than June 1, 
2018. This provision addresses concerns about requiring owners and 
operators to install controls on their engines in order to meet the 
RICE NESHAP, and then having to replace their engines shortly 
thereafter due to state and local rules specifying the replacement of 
engines. Owners and operators will have additional time to replace 
their engines without having to install controls, but are required to 
use management practices during that period.
    Another change the EPA is making is to broaden the definition of 
remote area sources in Alaska in the RICE NESHAP. Previously, remote 
areas were considered those that are not on the Federal Aid Highway 
System (FAHS). This change permits existing stationary CI engines at 
other remote area sources in Alaska to meet management practices rather 
than numerical emission standards likely to require

[[Page 6676]]

aftertreatment. These remote areas have the same challenges as areas 
not on the FAHS, and complying with the current rule would similarly be 
prohibitively costly and potentially infeasible. In addition to area 
sources located in areas of Alaska that are not accessible by the FAHS 
being defined as remote and subject to management practices, any 
stationary RICE in Alaska meeting all of the following conditions are 
subject to management practices:
    (1) The only connection to the FAHS is through the Alaska Marine 
Highway System, or the stationary RICE operation is within an isolated 
grid in Alaska that is not connected to the statewide electrical grid 
referred to as the Alaska Railbelt Grid, and
    (2) At least 10 percent of the power generated by the stationary 
RICE on an annual basis is used for residential purposes, and
    (3) The generating capacity of the area source is less than 12 
megawatts (MW), or the stationary RICE is used exclusively for backup 
power for renewable energy.
    The last significant change the EPA is finalizing is to require 
compliance with management practices rather than numeric emission 
limits in the RICE NESHAP for existing CI RICE on offshore drilling 
vessels on the Outer Continental Shelf (OCS) that become subject to the 
RICE NESHAP as a result of the operation of the OCS regulations (40 CFR 
part 55). The final amendments specify that owners and operators of 
existing non-emergency CI RICE with a site rating greater than 300 HP 
on offshore drilling vessels on the OCS are required to change the oil 
every 1,000 hours of operation or annually, whichever occurs first; 
inspect and clean air filters every 750 hours of operation or annually 
and replace as necessary; inspect fuel filters and belts, if installed, 
every 750 hours of operation or annually and replace as necessary; and 
inspect all flexible hoses every 1,000 hours of operation or annually 
and replace as necessary. Owners and operators can elect to use an oil 
analysis program to extend the oil change requirement.
3. Costs and Benefits
    These final amendments will reduce the capital and annual costs of 
the original 2010 amendments by $287 million and $139 million, 
respectively. The EPA estimates that with these final amendments, the 
capital cost of compliance with the 2010 amendments to the RICE NESHAP 
in 2013 is $840 million and the annual cost is $490 million ($2010). 
These costs are identical to the costs estimated for the amendments to 
the RICE NESHAP proposed on June 7, 2012, since the changes from the 
proposal do not affect the costs of the rule in the year 2013. The 
capital and annual costs of the original 2010 final rule and the 2010 
final rule with these final amendments incorporated into the rule are 
shown in Table 1.

                          Table 1--Summary of Cost Impacts for Existing Stationary RICE
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Engine                                           2010 Final rule               2010 Final rule with
                                                                               these final
                                                                               amendments
                                  ------------------------------------------------------------------------------
                                                                 Total Annual Cost
----------------------------------------------------------------------------------------------------------------
SI...............................  $253 million ($2009)  $251 million ($2010)  $115 million ($2010).
CI...............................  $373 million ($2008)  $375 million ($2010)  $373 million ($2010).
----------------------------------------------------------------------------------------------------------------
                                                                 Total Capital Cost
----------------------------------------------------------------------------------------------------------------
SI...............................  $383 million ($2009)  $380 million ($2010)  $103 million ($2010).
CI...............................  $744 million ($2008)  $748 million ($2010)  $740 million ($2010).
----------------------------------------------------------------------------------------------------------------

    These final amendments would also result in decreases to the 
emissions reductions estimated in 2013 from the original 2010 RICE 
NESHAP amendments. The reductions that were estimated for the original 
2010 RICE NESHAP amendments were 7,000 tpy of HAP, 124,000 tpy of CO, 
2,800 tpy of PM, 96,000 tpy of NOX and 58,000 tpy of VOC. 
The estimated reductions in 2013 from the 2010 RICE NESHAP rulemaking 
with these final amendments are 2,800 tons per year (tpy) of HAP, 
36,000 tpy of carbon monoxide (CO), 2,800 tpy of particulate matter 
(PM), 9,600 tpy of nitrogen oxide (NOX), and 36,000 tpy of 
volatile organic compounds (VOC). The difference in the emission 
reductions is primarily due to the changes to the requirements for 
existing 4-stroke stationary SI RICE at area sources of HAP that are in 
remote areas. These emission reduction estimates are identical to those 
estimated for the June 7, 2012, proposed amendments to the RICE NESHAP. 
The emission reductions of the original 2010 final rule and the 2010 
final rule with these final amendments incorporated into the rule are 
shown in Table 2.

                           Table 2--Summary of Reductions for Existing Stationary RICE
----------------------------------------------------------------------------------------------------------------
                                                            Emission reductions (tpy) in the year 2013
                                                 ---------------------------------------------------------------
                                                          2010 Final rule           2010 Final rule with these
                    Pollutant                    --------------------------------        final amendments
                                                                                 -------------------------------
                                                        CI              SI              CI              SI
----------------------------------------------------------------------------------------------------------------
HAP.............................................           1,014           6,008           1,005           1,778
CO..............................................          14,342         109,321          14,238          22,211
PM..............................................           2,844             N/A           2,818             N/A
NOX.............................................             N/A          96,479             N/A           9,648
VOC.............................................          27,395          30,907          27,142           9,147
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[[Page 6677]]

    The EPA estimates the monetized co-benefits in 2013 of the original 
2010 RICE NESHAP amendments with these final amendments incorporated to 
be $830 million to $2,100 million (2010 dollars) at a 3-percent 
discount rate and $740 million to $1,800 million (2010 dollars) at a 7-
percent discount rate. The benefits that were estimated for the 
original 2010 RICE NESHAP amendments were $1,500 million to $3,600 
million (2010 dollars) at a 3-percent discount rate and $1,300 million 
to $3,200 million (2010 dollars) at a 7-percent discount rate. A 
summary of the monetized co-benefits estimates for CI and SI engines at 
discount rates of 3 percent and 7 percent for the original 2010 final 
rule and the 2010 final rule with these final amendments incorporated 
into the rule is in Table 3 of this preamble.

   Table 3--Summary of the Monetized PM2.5 Co-Benefits Final Amendments to the NESHAP for Stationary CI and SI
                                                     Engines
                                         [millions of 2010 dollars] a, b
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                                                               Total monetized co-
             Pollutant                 Emission reductions     benefits (3 percent   Total monetized co-benefits
                                         (tons per year)            discount)            (7 percent  discount)
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                                           Original 2010 Final Rules c
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Stationary CI Engines:
    Total Benefits.................  2,844 PM2.5 27,395 VOC  $950 to $2,300........  $860 to $2,100.
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Stationary SI Engines:
    Total Benefits.................  96,479 NOX 30,907 VOC.  $510 to $1,300........  $470 to $1,100.
----------------------------------------------------------------------------------------------------------------
                                  2010 Final Rules With These Final Amendments
----------------------------------------------------------------------------------------------------------------
Stationary CI Engines:
    Directly emitted PM2.5.........  2,818.................  $770 to $1,900........  $690 to $1,700.
----------------------------------------------------------------------------------------------------------------
Stationary SI Engines:
    NOX............................  9,648.................  $62 to $150...........  $55 to $140.
----------------------------------------------------------------------------------------------------------------
a All estimates are for the analysis year (2013) and are rounded to two significant figures so numbers may not
  sum across rows. The total monetized co-benefits reflect the human health benefits associated with reducing
  exposure to PM2.5 through reductions of PM2.5 precursors, such as NOX and directly emitted PM2.5. It is
  important to note that the monetized co-benefits do not include reduced health effects from exposure to HAP,
  direct exposure to NO2, exposure to ozone, ecosystem effects or visibility impairment.
b PM co-benefits are shown as a range from Pope, et al. (2002) to Laden, et al. (2006). These models assume that
  all fine particles, regardless of their chemical composition, are equally potent in causing premature
  mortality because the scientific evidence is not yet sufficient to allow differentiation of effects estimates
  by particle type.
c The benefits analysis for the 2010 final rules applied out-dated benefit-per-ton estimates compared to the
  updated estimates described in this preamble and reflected monetized co-benefits for VOC emissions, which
  limits direct comparability with the monetized co-benefits estimated for this final rule. In addition, these
  estimates have been updated from their original currency years to 2010$, so the rounded estimates for the 2010
  final rules may not match the original RIAs.

    We have not re-estimated the benefits for the final rule compared 
to the proposal because the emission reductions estimated for the final 
rule are the same as those estimated for the proposed amendments. Since 
the June 7, 2012, reconsideration proposal, the EPA has made several 
updates to the approach we use to estimate mortality and morbidity 
benefits in the PM NAAQS Regulatory Impact Analysis 
(RIA),3, 4 including updated epidemiology studies, health 
endpoints, and population data. Although the EPA has not re-estimated 
the benefits for this rule to apply this new approach, these updates 
generally offset each other, and we anticipate that the rounded 
benefits estimated for this rule are unlikely to be different than 
those provided above.
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    \3\ U.S. Environmental Protection Agency (U.S. EPA). 2012a. 
Regulatory Impact Analysis for the Proposed Revisions to the 
National Ambient Air Quality Standards for Particulate Matter. EPA-
452/R-12-003. Office of Air Quality Planning and Standards, Health 
and Environmental Impacts Division. June. Available at http://www.epa.gov/ttnecas1/regdata/RIAs/PMRIACombinedFile_Bookmarked.pdf.
    \4\ U.S. Environmental Protection Agency (U.S. EPA). 2012b. 
Regulatory Impact Analysis for the Final Revisions to the National 
Ambient Air Quality Standards for Particulate Matter. EPA-452/R-12-
003. Office of Air Quality Planning and Standards, Health and 
Environmental Impacts Division. December. Available at http://www.epa.gov/pm/2012/finalria.pdf.
---------------------------------------------------------------------------

    More detail regarding the air quality and cost impacts and the 
benefits from this action can be found in section IV of this preamble.

B. Does this action apply to me?

    Regulated Entities. Categories and entities potentially regulated 
by this action include:

------------------------------------------------------------------------
                                                  Examples of regulated
             Category               NAICS \1\           entities
------------------------------------------------------------------------
Any industry using a stationary           2211  Electric power
 internal combustion engine as          622110   generation,
 defined in the final amendments.        48621   transmission, or
                                                 distribution.
                                                Medical and surgical
                                                 hospitals.
                                                Natural gas
                                                 transmission.
                                        211111  Crude petroleum and
                                                 natural gas production.
                                        211112  Natural gas liquids
                                                 producers.
                                         92811  National security.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

[[Page 6678]]

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether an engine is regulated by this action, 
owners and operators should examine the applicability criteria of this 
final rule. For any questions regarding the applicability of this 
action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

C. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

D. Judicial Review

    Under section 307(b)(1) of the CAA, judicial review of this final 
rule is available only by filing a petition for review in the U.S. 
Court of Appeals for the District of Columbia Circuit by April 1, 2013. 
Under section 307(d)(7)(B) of the CAA, only an objection to this final 
rule that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements established by this 
final rule may not be challenged separately in any civil or criminal 
proceedings brought by EPA to enforce these 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 us 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. EPA, Room 3000, Ariel Rios Building, 1200 
Pennsylvania Ave. NW., Washington, DC 20460, with a copy to both the 
person(s) 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. EPA, 1200 
Pennsylvania Ave. NW., Washington, DC 20460.

II. Summary of Final Amendments

    This action finalizes amendments to the NESHAP for RICE in 40 CFR 
part 63, subpart ZZZZ. This action also finalizes amendments to the 
NSPS for stationary engines in 40 CFR part 60, subparts IIII and JJJJ. 
The NESHAP for stationary RICE to regulate emissions of HAP was 
developed in several stages. The EPA initially addressed stationary 
RICE greater than 500 HP located at major sources of HAP emissions in 
2004 (69 FR 33473). The EPA addressed new stationary RICE less than or 
equal to 500 HP located at major sources and new stationary RICE 
located at area sources in 2008 (73 FR 3568). Most recently, 
requirements for existing stationary RICE less than or equal to 500 HP 
located at major sources and existing stationary RICE located at area 
sources were finalized in 2010 (75 FR 9648 and 75 FR 51570).
    The EPA is finalizing these amendments to address a number of 
issues that have been raised by different stakeholders through 
lawsuits, several petitions for reconsideration of the 2010 RICE NESHAP 
amendments, and other communications. The EPA is also finalizing 
revisions to 40 CFR part 60, subparts IIII and JJJJ for consistency 
with the RICE NESHAP and to make minor corrections and clarifications. 
The amendments that the EPA is finalizing in this action are discussed 
in this section. The changes from the proposal to this final rule are 
discussed in section III.

A. Total Hydrocarbon Compliance Demonstration Option

    The EPA is adding an alternative method of demonstrating compliance 
with the NESHAP for existing and new stationary 4SRB non-emergency 
engines greater than 500 HP that are located at major sources of HAP 
emissions. Under these final amendments, the emission standard remains 
the same, that is, existing and new stationary 4SRB engines greater 
than 500 HP and located at major sources are still required to reduce 
formaldehyde emissions by 76 percent or more or limit the concentration 
of formaldehyde in the stationary RICE exhaust to 350 parts per billion 
by volume, dry basis or less at 15 percent oxygen (O2). This 
final rule adds an alternative compliance demonstration option to the 
existing method of demonstrating compliance with the formaldehyde 
percent reduction standard. The current method is to test engines for 
formaldehyde. The alternative for owners and operators of 4SRB engines 
meeting a 76 percent or more formaldehyde reduction is to test their 
engines for THC showing that the engine is achieving at least a 30 
percent reduction of THC emissions. Including this optional THC 
compliance demonstration option reduces the cost of compliance 
significantly while continuing to achieve the same level of HAP 
emission reduction because the emission standards would remain the 
same. As discussed in the June 7, 2012, proposal, data provided to EPA 
indicate that a strong relationship exists between percentage 
reductions of THC and percentage reductions of formaldehyde (the 
surrogate for HAP emissions in the NESHAP) on rich burn engines using 
non-selective catalytic reduction (NSCR). Data analyzed by the EPA 
indicate that if the NSCR is reducing THC by at least 30 percent from 
4SRB engines, formaldehyde emissions are guaranteed to be reduced by at 
least 76 percent, which is the percentage reduction required for the 
relevant engines. Indeed, the percentage reduction of formaldehyde is 
invariably well above the 76 percent level, and is usually above 90 
percent. Therefore, the EPA concluded that for SI 4SRB engines using 
NSCR and meeting the NESHAP by showing a percentage reduction of HAP, 
it would be appropriate to allow sources to demonstrate compliance with 
the NESHAP by showing a THC reduction of at least 30 percent. Owners 
and operators of existing stationary 4SRB engines less than or equal to 
500 HP that are required to limit the concentration of formaldehyde in 
the stationary RICE exhaust to 10.3 parts per million by volume, dry 
basis (ppmvd) or less at 15 percent O2 do not have the 
option to demonstrate compliance using THC and must continue to 
demonstrate compliance by testing for formaldehyde following the 
methods and procedures specified in the rule because the EPA could not 
verify a clear relationship between concentrations of THC and 
concentrations of formaldehyde in the exhaust from these SI 4SRB 
engines.
    Owners and operators opting to use the THC compliance demonstration 
method must demonstrate compliance by showing that the average 
reduction of THC is equal to or greater than 30 percent. Owners and 
operators of 4SRB stationary RICE complying with the

[[Page 6679]]

requirement to reduce formaldehyde emissions and demonstrating 
compliance by using the THC compliance demonstration option must 
conduct performance testing using Method 25A of 40 CFR part 60, 
appendix A--Determination of Total Gaseous Organic Concentration Using 
a Flame Ionization Analyzer. Measurements of THC at the inlet and the 
outlet of the NSCR must be on a dry basis and corrected to 15 percent 
O2 or equivalent carbon dioxide content. To correct to 15 
percent O2, dry basis, owners and operators must measure 
oxygen using Method 3, 3A or 3B of 40 CFR part 60, appendix A, or ASTM 
Method D6522-00 (2005) and measure moisture using Method 4 of 40 CFR 
part 60, appendix A, or Test Method 320 of 40 CFR part 63, appendix A, 
or ASTM D6348-03. Because owners and operators are complying with a 
percent reduction requirement, the method used must be suitable for the 
entire range of emissions since pre and post-catalyst emissions must be 
measured. Method 25A is capable of measuring emissions down to 5 ppmv 
and is, therefore, an appropriate method for measuring THC emissions 
for compliance demonstration purposes. The EPA is allowing sources the 
option to meet a minimum THC percent reduction of 30 percent by using 
Method 25A of 40 CFR part 60, appendix A to demonstrate compliance with 
the formaldehyde percent reduction in 40 CFR part 63, subpart ZZZZ.

B. Emergency Demand Response and Reliability

    The EPA is finalizing certain revisions to the proposal regarding 
use of existing engines for emergency demand response and system 
reliability. Following is a summary of the prior requirements for these 
engines, including those in the 2010 regulation, a discussion of the 
information and input the EPA received in response to the proposal, and 
a description of the provisions being finalized in this action.
    Existing emergency engines less than or equal to 500 HP located at 
major sources of HAP and existing emergency engines located at area 
sources of HAP were not regulated under the RICE NESHAP rulemakings 
finalized in 2004 and 2008. They could operate uncontrolled for an 
unlimited amount of time. The 2010 RICE NESHAP rulemaking for the first 
time established requirements for these existing emergency engines, 
requiring affected engines to comply by May 3, 2013, for stationary CI 
RICE and October 19, 2013, for stationary SI RICE. Under the RICE 
NESHAP requirements originally finalized in 2010, these existing 
emergency stationary engines must limit operation to situations like 
blackouts and floods and to a maximum of 100 hours per year for other 
specified operations beginning with the applicable compliance date in 
2013 for the engine. The limitation of 100 hours per year included 
maintenance checks and readiness testing of the engine, as well as a 
limit of 15 hours per year for use as part of a demand response program 
if the regional transmission organization or equivalent balancing 
authority and transmission operator has determined there are emergency 
conditions that could lead to a potential electrical blackout, such as 
unusually low frequency, equipment overload, capacity or energy 
deficiency, or unacceptable voltage level. Under the 2010 regulation, 
existing emergency engines were required to meet management practice 
standards based on proper operation and maintenance of the engine; 
meeting these standards would not require installation of 
aftertreatment to control emissions.
    Soon after the 2010 rule was final, the EPA received petitions for 
reconsideration of the 15-hour limitation for emergency demand response 
that was finalized in the 2010 rule. According to one petition, the 15-
hour limit, while usually adequate to cover the limited hours in which 
these engines are expected to be called upon, would not be sufficient 
to allow these emergency engines to participate in emergency demand 
response programs since some regional transmission organizations and 
independent system operators require engines be available for more than 
15 hours in order to meet emergency demand response situations. For 
example, PJM's Emergency Load Response Program requires that emergency 
engines guarantee that they will be available for 60 hours per year. By 
contrast, another petition asked EPA to eliminate the emergency demand 
response provision because of the adverse effects that the petitioner 
believes would result from increased emissions from these engines. The 
EPA received other comments that addressed the types of situations in 
which engines are called upon for emergency demand response and system 
reliability.
    The EPA believes that the emergency demand response programs that 
exist across the country are important programs that protect the 
reliability and stability of the national electric service grid. The 
use of stationary emergency engines as part of emergency demand 
response programs can help prevent grid failure or blackouts, by 
allowing these engines to be used for limited hours in specific 
circumstances of grid instability prior to the occurrence of blackouts. 
A standard that requires owners and operators of stationary emergency 
engines that participate in emergency demand response programs to apply 
aftertreatment could make it economically infeasible for these engines 
to participate in these programs, impairing the ability of regional 
transmission organizations and independent system operators to use 
these relatively small, quick-starting and reliable sources of energy 
to protect the reliability of their systems in times of critical need. 
Information provided by commenters on the proposal indicates that these 
emergency demand response events are rarely called.\5\
---------------------------------------------------------------------------

    \5\ See document number EPA-HQ-OAR-2008-0708-1142 in the 
rulemaking docket.
---------------------------------------------------------------------------

    The limited circumstances specified in the final rule for operation 
of stationary emergency engines for emergency demand response purposes 
include periods during which the Reliability Coordinator, or other 
authorized entity as determined by the Reliability Coordinator, has 
declared an Energy Emergency Alert (EEA) Level 2 as defined in the 
North American Electric Reliability Corporation (NERC) Reliability 
Standard EOP-002-3, Capacity and Energy Emergency, and during periods 
where there is a deviation of voltage or frequency of 5 percent or more 
below standard voltage or frequency. During EEA Level 2 alerts there is 
insufficient energy supply and a true potential for electrical 
blackouts. System operators must call on all available resources during 
EEA Level 2 alerts in order to stabilize the grid to prevent failure. 
Therefore, this situation is a good indicator of severe instability on 
the system, which the EPA believes is appropriately considered an 
emergency situation. Consistent normal voltage provided by the utility 
is often called power quality and is an important factor in local 
electric system reliability. Reliability of the system requires 
electricity being provided at a normal expected voltage. The American 
National Standards Institute standard C84.1-1989 defines the maximum 
allowable voltage sag at below 5 percent. On the local distribution 
level local voltage levels are therefore important and a 5 percent or 
more change in the normal voltage or frequency is substantial and an 
indication that additional resources are needed to ensure local 
distribution system reliability.
    In addition to the circumstances described above, the EPA also 
received comments on other situations where the

[[Page 6680]]

local transmission and distribution system operator has determined that 
there are conditions that could lead to a blackout for the local area 
where the ready availability of emergency engines is critical to system 
reliability. These include situations where:
     The engine is dispatched by the local balancing authority 
or local transmission and distribution system operator.
     The dispatch is intended to mitigate local transmission 
and/or distribution limitations so as to avert potential voltage 
collapse or line overloads that could lead to the interruption of power 
supply in a local area or region.
     The dispatch follows reliability, emergency operation or 
similar protocols that follow specific NERC, regional, state, public 
utility commission or local standards or guidelines.

The EPA believes the operation of emergency engines in these situations 
should be addressed in the final rule as well.
    Therefore, based on the EPA's review of the petitions and comments 
that the EPA has received with respect to emergency demand response and 
system reliability, the EPA has concluded that it is appropriate to 
revise the provisions for stationary engines used in these limited 
circumstances. The provisions the EPA is amending are in Sec. Sec.  
63.6640(f) and 63.6675 of 40 CFR part 63, subpart ZZZZ. The final 
amendments to those sections specify that owners and operators of 
stationary emergency RICE can operate their engines as part of an 
emergency demand response program within the 100 hours already provided 
for operation for maintenance and testing. Owners and operators of 
stationary emergency engines can operate for up to 100 hours per year 
for emergency demand response and system reliability during periods in 
which the Reliability Coordinator, or other authorized entity as 
determined by the Reliability Coordinator, has declared an EEA Level 2 
as defined in the NERC Reliability Standard EOP-002-3, Capacity and 
Energy Emergency, and during periods where there is a deviation of 
voltage or frequency of 5 percent or greater below standard voltage or 
frequency. In addition, existing emergency stationary RICE at area 
sources of HAP can operate for up to 50 hours per year if all of the 
following conditions are met:
     The engine is dispatched by the local balancing authority 
or local transmission and distribution system operator.
     The dispatch is intended to mitigate local transmission 
and/or distribution limitations so as to avert potential voltage 
collapse or line overloads that could lead to the interruption of power 
supply in a local area or region.
     The dispatch follows reliability, emergency operation or 
similar protocols that follow specific NERC, regional, state, public 
utility commission or local standards or guidelines.
     The owner or operator has a pre-existing plan that 
contemplates the engine's operation under the circumstances described 
above; and
     The owner or operator identifies and records the specific 
NERC, regional, state, public utility commission or local standards or 
guidelines that are being followed for dispatching the engine. The 
local balancing authority or local transmission and distribution system 
operator may keep these records on behalf of the engine owner or 
operator.
    For all engines operating to satisfy emergency demand response or 
system reliability under the circumstances described above, the hours 
spent for emergency demand response operation and local system 
reliability are added to the hours spent for maintenance and testing 
purposes and are counted towards the limit of 100 hours per year. If 
the total time spent for maintenance and testing, emergency demand 
response, and system reliability operation exceeds 100 hours per year, 
the engine will not be considered an emergency engine under this 
subpart and will need to meet all requirements for non-emergency 
engines.
    As noted above, the EPA received comments expressing concerns about 
the emissions from emergency engines, noting that the engines are 
likely to be dispatched on days when energy demand is high, which often 
coincides with days when air quality is poor. While the EPA is 
sensitive to these concerns, the availability of these engines for a 
more tailored response to emergencies may be preferable in terms of air 
quality impacts than relying on other generation, including coal-fired 
spinning reserve generation. After consideration of the concerns raised 
in the comments, the EPA is finalizing provisions that require 
stationary emergency CI RICE with a site rating of more than 100 brake 
HP and a displacement of less than 30 liters per cylinder that operate 
or are contractually obligated to be available for more than 15 hours 
per year (up to a maximum of 100 hours per year) for emergency demand 
response, or that operate for local system reliability, to use diesel 
fuel meeting the specifications of 40 CFR 80.510(b) beginning January 
1, 2015, except that any existing diesel fuel purchased (or otherwise 
obtained) prior to January 1, 2015, may be used until depleted. The 
specifications of 40 CFR 80.510(b) require that diesel fuel have a 
maximum sulfur content of 15 ppm and either a minimum cetane index of 
40 or a maximum aromatic content of 35 volume percent; this fuel is 
referred to as ``ultra low sulfur diesel fuel'' (ULSD). This emission 
reduction requirement was not part of the original 2010 rulemaking. 
Although the EPA does not have information specifying the percentage of 
existing stationary emergency CI engines currently using residual fuel 
oil or non-ULSD distillate fuel, the most recent U.S. Energy 
Information Administration data available for sales of distillate and 
residual fuel oil to end users \6\ show that significant amounts of 
non-ULSD are still being purchased by end users that typically operate 
stationary combustion sources, including stationary emergency CI 
engines. For example, in the category of Commercial End Use, sales data 
for the year 2011 show that only 56 percent of the total distillate and 
residual fuel oil sold was ULSD. The data provided for Electric Power 
End Use show that 57 percent of total fuel sold was residual fuel oil. 
For Industrial End Use, the percentage of total fuel that was residual 
fuel oil was 26 percent. The EPA believes that requiring cleaner fuel 
for these stationary emergency CI engines will significantly limit or 
reduce the emissions of regulated air pollutants emitted from these 
engines, further protecting public health and the environment. 
Information provided to EPA by commenters \7\ showed that the use of 
ULSD will significantly reduce emissions of air toxics, including 
metallic HAP (e.g., nickel, zinc, lead) and benzene.
---------------------------------------------------------------------------

    \6\ U.S. Energy Information Administration. Distillate Fuel Oil 
and Kerosene Sales by End Use. Available at http://www.eia.gov/dnav/pet/pet_cons_821use_dcu_nus_a.htm.
    \7\ See document number EPA-HQ-OAR-2008-0708-1459 in the 
rulemaking docket.
---------------------------------------------------------------------------

    In addition to the fuel requirement, owners and operators of 
stationary emergency CI RICE larger than 100 HP that operate or are 
contractually obligated to be available for more than 15 hours per year 
(up to a maximum of 100 hours per year) for emergency demand response 
must report the dates and times the engines operate for emergency 
demand response annually to the EPA, beginning with operation during 
the 2015 calendar year. Owners and operators of these engines are also 
required to report the dates, times and situations that the engines 
operate to mitigate local transmission and/or

[[Page 6681]]

distribution limitations annually to the EPA, beginning with operation 
during the 2015 calendar year. This information is necessary to 
determine whether these engines are operating in compliance with the 
regulations and will assist the EPA in assessing the impacts of the 
emissions from these engines.
    The EPA is adding these requirements beginning in January, 2015, 
rather than upon initial implementation of the NESHAP for existing 
engines in May or October of 2013, to provide sources with appropriate 
lead time to institute these new requirements and make any physical 
adjustments to engines and other facilities like tanks or other 
containment structures, as well as any needed adjustments to contracts 
and other business activities, that may be necessitated by these new 
requirements.
    The EPA is also amending the NSPS for stationary CI and SI engines 
in 40 CFR part 60, subparts IIII and JJJJ, respectively, to provide the 
same limitation for stationary emergency engines for emergency demand 
response and system reliability operation as for engines subject to the 
RICE NESHAP. The NSPS regulations currently do not include such a 
provision for emergency demand response or system reliability 
operation; the issue was not raised during the original promulgation of 
the NSPS. The EPA is adding an emergency demand response and system 
reliability provision under the NSPS regulations in these final 
amendments. The EPA is revising the existing language in Sec. Sec.  
60.4211(f) and 60.4219 of 40 CFR part 60, subpart IIII, and Sec. Sec.  
60.4243(d) and 60.4248 of 40 CFR part 60, subpart JJJJ, to specify that 
emergency engines must limit operation for engine maintenance and 
testing and emergency demand response to a maximum of 100 hours per 
year; 50 of the 100 hours may be used to operate to mitigate local 
reliability issues, as discussed previously for the RICE NESHAP.
    The EPA is also finalizing amendments to the NSPS regulations that 
require owners and operators of stationary emergency engines larger 
than 100 HP that operate or are contractually obligated to be available 
for more than 15 hours per year (up to a maximum of 100 hours per year) 
for emergency demand response to report the dates and times the engines 
operated for emergency demand response annually to the EPA, beginning 
with operation during the 2015 calendar year. Owners and operators of 
these engines are also required to report the dates, times and 
situations that the engines operate to mitigate local transmission and/
or distribution limitations annually to the EPA, beginning with 
operation during the 2015 calendar year. The EPA anticipates that in 
most cases, the entity that dispatches the engines to operate, such as 
the curtailment service provider or utility, will report the 
information to the EPA on behalf of the facility that owns the engine. 
Thus, the burden of the reporting requirement will likely be on the 
entities that dispatch the engines. The EPA's burden estimate (see 
section V.B Paperwork Reduction Act) assumes the dispatching entity 
will report the date and hours dispatched without contacting individual 
engine operators. Emergency engines subject to 40 CFR part 60, subpart 
IIII are already required by subpart IIII to use diesel fuel that meets 
the requirements of 40 CFR 80.510(b).
    The 2010 regulation specified that existing emergency engines at 
area sources of HAP that are residential, commercial, or institutional 
facilities were not subject to the RICE NESHAP requirements as long as 
the engines were limited to no more than 15 hours per year for 
emergency demand response. The EPA is specifying in the final rule that 
existing emergency engines at area sources of HAP that are residential, 
commercial, or institutional facilities are subject to the applicable 
requirements for stationary emergency engines in the RICE NESHAP if 
they operate or are contractually obligated to be available for more 
than 15 hours per year (up to a maximum of 100 hours per year) for 
emergency demand response, or they operate to mitigate local 
transmission and/or distribution limitations. Information provided by 
commenters on the 2010 regulation and the amendments proposed in June 
2012 indicates that these engines typically operate less than 15 hours 
per year for emergency demand response.
    For stationary emergency engines above 500 HP at major sources of 
HAP that were installed before June 12, 2006, prior to these final 
amendments, there was no emergency demand response provision and there 
was no time limit on the use of emergency engines for routine testing 
and maintenance in Sec.  63.6640(f)(2)(ii). Those engines were not the 
focus of the 2010 RICE NESHAP amendments; therefore, the EPA did not 
make any changes to the requirements for those engines as part of the 
2010 amendments. For consistency, the EPA is now also revising 40 CFR 
part 63, subpart ZZZZ to require owners and operators of stationary 
emergency engines above 500 HP at major sources of HAP installed prior 
to June 12, 2006, to limit operation of their engines for maintenance 
and testing and emergency demand response program to a total of 100 
hours per year. These engines would also be required to use diesel fuel 
meeting the specifications of 40 CFR 80.510(b) beginning January 1, 
2015, however, if the engine operates or is contractually obligated to 
be available for more than 15 hours per year. Any existing diesel fuel 
purchased (or otherwise obtained) prior to January 1, 2015 may be used 
until depleted. In addition to the fuel requirement, owners and 
operators of these engines must report the dates and times the engines 
operate for emergency demand response annually to the EPA, beginning 
with operation during the 2015 calendar year.
    More detail regarding the public comments regarding emergency 
demand response and the EPA's responses can be found in the Response to 
Public Comments document available in the rulemaking docket.

C. Peak Shaving

    In the June 7, 2012, proposal, the EPA proposed a temporary 
provision for existing stationary emergency engines located at area 
sources to apply the 50 hours per year that is allowed under Sec.  
63.6640(f) for non-emergency operation towards any non-emergency 
operation, including peak shaving. The peak shaving provision was 
proposed to expire in April 2017. As discussed further in section 
III.B, the EPA is not finalizing the proposed temporary 50-hour 
provision for existing stationary emergency engines located at area 
sources engaged in peak shaving and other non-emergency use as part of 
a financial arrangement with another entity. However, in consideration 
of the short time between this final rule and the May 3, 2013, or 
October 19, 2013, compliance dates for affected sources, this final 
rule includes a provision limiting the use of existing stationary 
emergency engines located at area sources to 50 hours per year prior to 
May 3, 2014, for peak shaving or non-emergency demand response to 
generate income for a facility, or to otherwise supply power as part of 
a financial arrangement with another entity if the engines are operated 
as part of a peak shaving (load management) program with the local 
distribution system operator and the power is provided only to the 
facility itself or to support the local distribution system. This 
extension provides additional time so that these sources that wish to 
engage in peak shaving can come into compliance with the applicable 
requirements for non-emergency engines.

[[Page 6682]]

D. Non-Emergency Stationary SI RICE Greater Than 500 HP Located at Area 
Sources

    The EPA is finalizing amendments to the requirements that apply to 
existing stationary non-emergency 4-stroke SI RICE greater than 500 HP 
located at area sources of HAP emissions, which are generally natural 
gas fired engines.
    The EPA is creating a subcategory for existing spark ignition 
engines located in sparsely populated areas. Engines located in remote 
areas that are not close to significant human activity may be difficult 
to access, may not have electricity or communications, and may be 
unmanned most of the time. The costs of the emission controls, testing, 
and continuous monitoring requirements may be unreasonable when 
compared to the HAP emission reductions that would be achieved, 
considering that the engines are in sparsely populated areas. Moreover, 
the location of these engines is such that there would be limited 
public exposure to the emissions. The EPA believes that establishing a 
subcategory for SI engines at area sources of HAP located in sparsely 
populated areas accomplishes the agency's goals and is adequate in 
protecting public health. The EPA is creating this subcategory using 
criteria based on the existing DOT classification system for natural 
gas pipelines. This system classifies locations based on their distance 
to natural gas pipelines covered by the Pipeline and Hazardous 
Materials Safety Administration regulations. The DOT system defines a 
class location unit as an onshore area that extends 220 yards or 200 
meters on either side of the centerline of any continuous 1-mile (1.6 
kilometers) length of natural gas pipeline. The DOT approach further 
classifies pipeline locations into Class 1 through Class 4 locations 
based on the number of buildings intended for human occupancy. A Class 
1 location is defined as an offshore area or any class location unit 
that has 10 or fewer buildings intended for human occupancy. The DOT 
classification system also has special provisions for locations where 
buildings with four or more stories above ground are prevalent and 
locations that lie within 100 yards (91 meters) of either a building or 
a small, well-defined outside area (such as a playground, recreation 
area, outdoor theater, or other place of public assembly) that is 
occupied by 20 or more persons on at least 5 days a week for 10 weeks 
in any 12-month period. To be considered remote under this final rule, 
a source on a pipeline could not fall under these special provisions 
and, in addition, must be in a Class 1 location. For those engines not 
associated with pipelines, the EPA is using similar criteria. An engine 
would be considered to be in sparsely populated areas if within 0.25 
mile radius of the engine there are 5 or fewer buildings intended for 
human occupancy.
    Owners and operators of existing stationary non-emergency 4-stroke 
lean burn (4SLB) and 4SRB RICE greater than 500 HP at area sources that 
are in sparsely populated areas as described above would be required to 
perform the following:
     Change oil and filter every 2,160 hours of operation or 
annually, whichever comes first;
     Inspect spark plugs every 2,160 hours of operation or 
annually, whichever comes first, and replace as necessary; and
     Inspect all hoses and belts every 2,160 hours of operation 
or annually, whichever comes first, and replace as necessary.
    Sources have the option to use an oil analysis program as described 
in Sec.  63.6625(i) of the rule in order to extend the specified oil 
change requirement. The oil analysis must be performed at the same 
frequency specified for changing the oil in Table 2d of the rule. 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 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 none 
of these condemning limits are exceeded, the engine owner or operator 
is not required to change the oil. If any of the limits are exceeded, 
the engine owner or operator must change the oil 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 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 changes for the 
engine. The analysis program must be part of the maintenance plan for 
the engine.
    Owners and operators of existing stationary 4SLB and 4SRB area 
source engines above 500 HP in sparsely populated areas would also have 
to operate and maintain the stationary RICE and aftertreatment control 
device (if any) according to the manufacturer's emission-related 
written instructions or develop their 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.
    Owners and operators of engines in sparsely populated areas would 
have to conduct a review of the surrounding area every 12 months to 
determine if the nearby population has changed. If the engine no longer 
meets the criteria for a sparsely populated area, the owner and 
operator must within 1 year comply with the emission standards 
specified below for populated areas.
    For engines in populated areas, i.e., existing stationary 4SLB and 
4SRB non-emergency engines greater than 500 HP at area sources that are 
located on DOT Class 2 through Class 4 pipeline segments or, for 
engines not associated with pipelines, that do not meet the 0.25 mile 
radius with 5 or less buildings criteria, the EPA is revising the 
requirements that were finalized in the 2010 rule. The EPA is adopting 
an equipment standard requiring the installation of a catalyst to 
reduce HAP emissions. Owners and operators of existing area source 4SLB 
non-emergency engines greater than 500 HP in populated areas would be 
required to install an oxidation catalyst. Owners and operators of 
existing area source 4SRB non-emergency engines greater than 500 HP in 
populated areas would be required to install NSCR. Owners and operators 
must conduct an initial test to demonstrate that the engine achieves at 
least a 93 percent reduction in CO emissions or a CO concentration 
level of 47 ppmvd at 15 percent O2, if the engine is a 4SLB 
engine. Similarly, owners and operators must conduct an initial 
performance test to demonstrate that the engine achieves at least 
either a 75 percent CO reduction, a 30 percent THC reduction, or a CO 
concentration level of 270 ppmvd at 15 percent O2 if the 
engine is a 4SRB engine. The initial test must consist of three test 
runs. Each test run must be of at least 15 minute duration, except that 
each test run conducted using appendix A to 40 CFR part 63, subpart 
ZZZZ must consist of one measurement cycle as defined by the method and 
include at least 2 minutes of test data phase measurement. To measure 
CO, emission sources must use the CO methods already specified in 
subpart ZZZZ, or appendix A to 40 CFR part 63, subpart ZZZZ. The THC 
testing

[[Page 6683]]

must be conducted using EPA Method 25A.
    The owner or operator of both engine types must also use a high 
temperature shutdown device that detects if the catalyst inlet 
temperature is too high, or, alternatively, the owner or operator can 
monitor the catalyst inlet temperature continuously and maintain the 
temperature within the range specified in the rule. For 4SLB engines 
the catalyst inlet temperature must remain at or above 450 [deg]F and 
at or below 1,350 [deg]F. For 4SRB engines the temperature must be 
greater than or equal to 750 [deg]F and less than or equal to 1,250 
[deg]F at the catalyst inlet.
    Owners and operators must in addition to the initial performance 
test conduct annual checks of the catalyst to ensure proper catalyst 
activity. The annual check of the catalyst must at a minimum consist of 
one 15-minute run using the methods discussed above, except that each 
test run conducted using appendix A to 40 CFR part 63, subpart ZZZZ 
must consist of one measurement cycle as defined by the method and 
include at least 2 minutes of test data phase measurement. Owners and 
operators of 4SLB engines must demonstrate during the catalyst activity 
test that the catalyst achieves at least a 93 percent reduction in CO 
emissions or that the engine exhaust CO emissions are no more than 47 
ppmvd at 15 percent O2. Owners and operators of 4SRB engines 
must demonstrate during the catalyst activity check that their catalyst 
is reducing CO emissions by 75 percent or more, the CO concentration 
level at the engine exhaust is less than or equal to 270 ppmvd at 15 
percent O2, or THC emissions are being reduced by at least 
30 percent.
    If the emissions from the engine do not exceed the levels required 
for the initial test or annual checks of the catalyst, then the 
catalyst is considered to be working properly. If the emissions exceed 
the specified pollutant levels in the rule, the exceedance(s) is/are 
not considered a violation, but the owner or operator would be required 
to shut down the engine and take appropriate corrective action (e.g., 
repairs, clean or replace the catalyst, as appropriate). A follow-up 
test must be conducted within 7 days of the engine being started up 
again to demonstrate that the emission levels are being met. If the 
retest shows that the emissions continue to exceed the specified 
levels, the stationary RICE must again be shut down as soon as safely 
possible, and the engine may not operate, except for purposes of start-
up and testing, until the owner/operator demonstrates through testing 
that the emissions do not exceed the levels specified.

E. Stationary CI RICE Certified to Tier Standards

    The EPA is amending the requirements for any stationary CI engine 
certified to the Tier 3 standards in 40 CFR part 89 (Tier 2 for engines 
above 560 kilowatt (kW)) located at an area source and installed before 
June 12, 2006. The EPA is finalizing amendments to specify that any 
existing certified Tier 3 (Tier 2 for engines above 560 kW) CI engine 
that was installed before June 12, 2006, is in compliance with the RICE 
NESHAP. This amendment includes any existing stationary Tier 3 (Tier 2 
for engines above 560 kW) certified CI engine located at an area source 
of HAP emissions. Without these amendments, Tier 3 engines, which were 
built to meet stringent emission standards, would not be able to comply 
with the applicable RICE NESHAP emission standards for existing engines 
without further testing and monitoring, and possible retrofit with 
further controls, due to differences in the emission standards and 
testing protocols in the RICE NESHAP versus the Tier 3 standards in 40 
CFR part 89. However, an identical engine certified to the Tier 3 
standards (or Tier 2 standards for engines above 560 kW) in 40 CFR part 
89 that was installed after June 12, 2006, would not have to be 
retrofit in order to comply with the NESHAP. The EPA believes that the 
Tier 3 standards (Tier 2 for engines above 560 kW) are technologically 
stringent regulations and believes it is unnecessary to require further 
regulation of engines meeting these standards.
    The EPA is also amending the requirements for existing stationary 
CI engines that are certified to the Tier 1 and Tier 2 standards in 40 
CFR part 89, located at area sources of HAP, greater than 300 HP and 
subject to a state or local rule that requires the engine to be 
replaced. The EPA does not think it is appropriate to require emission 
controls on a stationary CI engine that is going to be retired only a 
short time after the rule goes into effect. These engines (equipped 
with aftertreatment) could end up being in operation for less than 2 
years or at most only 5 years before having to be replaced with a 
certified Tier 4 engine. It would not be reasonable to require the 
engine owner to invest in costly controls and monitoring equipment for 
an engine that will be replaced shortly after the installation of the 
controls. Consequently, the EPA is allowing these engines to meet 
management practices from the applicable May 3, 2013, compliance date 
until January 1, 2015, or 12 years after installation date (whichever 
is later), but not later than June 1, 2018, after which time the CO 
emission standards in Table 2d of 40 CFR part 63, subpart ZZZZ) apply. 
The management practices include requirements for when to inspect and 
replace the engine oil and filter, air cleaner, hoses and belts. The 
complete details of which management practices are required are shown 
in Table 2d of the rule. Owners and operators of these existing 
stationary CI engines located at area sources of HAP emissions that 
intend to meet management practices rather than the emission limits 
prior to January 1, 2015, or 12 years after installation date, but not 
later than June 1, 2018, must submit a notification by March 3, 2013, 
stating that they intend to use this provision and identifying the 
state or local regulation that the engine is subject to.

F. Definition for Remote Areas of Alaska

    The RICE NESHAP amendments finalized in 2010 specified less 
stringent requirements for existing non-emergency CI engines at area 
sources located in remote areas of Alaska. Remote areas are defined 
under the 2010 rule as those not accessible by the FAHS. In this 
action, the EPA is expanding the definition of remote areas of Alaska 
to extend beyond areas that are not accessible by the FAHS. The EPA is 
expanding the current definition because some areas that are accessible 
by the FAHS face the same challenges as areas that are not accessible, 
including high energy costs, extreme weather conditions, lengthy travel 
times, inaccessibility, and very low population density. Many of these 
areas are not connected to the electric grid and rely on back up diesel 
generation to support fluctuating renewable energy systems. The energy 
supply system is another area that is particularly different in Alaska 
compared to the rest of the country where the majority of customers are 
connected to the grid. These final amendments specify that existing 
stationary CI engines at area sources of HAP in areas of Alaska that 
are accessible by the FAHS and that meet all of the following criteria 
will also be considered remote and subject to management practices 
under the rule:
     The stationary CI engine is located in an area not 
connected to the Alaska Railbelt Grid,
     At least 10 percent of the power generated by the engine 
per year is used for residential purposes, and
     The generating capacity of the area source is less than 12 
MW, or the engine

[[Page 6684]]

is used exclusively for backup power for renewable energy.
    The EPA is limiting the remote classification to engines that are 
used at least partially for residential purposes, where the impact of 
higher energy costs is of greatest concern. The classification is 
further limited to sources that are used infrequently as backup for 
renewable power, or that are at smaller capacity facilities, which are 
generally in more sparsely populated areas.

G. Requirements for Offshore Vessels

    The EPA is revising the requirements in the RICE NESHAP for 
existing non-emergency CI RICE greater than 300 HP on offshore vessels 
that are area sources of HAP. Engines on vessels on the OCS in certain 
circumstances become subject to the provisions of the RICE NESHAP as a 
result of the operation of the OCS regulations at 40 CFR part 55. The 
rationale for this revision is discussed further in section III.D. The 
EPA is finalizing the following management practice requirements for 
existing non-emergency CI RICE greater than 300 HP on offshore vessels 
that are area sources of HAP:
     Change oil every 1,000 hours of operation or annually, 
whichever comes first, except that sources can extend the period for 
changing the oil if the oil is part of an oil analysis program as 
discussed below and the condemning limits are not exceeded;
     Inspect and clean air filters every 750 hours of operation 
or annually, whichever comes first, and replace as necessary;
     Inspect fuel filters and belts, if installed, every 750 
hours of operation or annually, whichever comes first, and replace as 
necessary; and
     Inspect all flexible hoses every 1,000 hours of operation 
or annually, whichever comes first, and replace as necessary.
    These sources may use an oil analysis program in order to extend 
the specified oil change requirement. The analysis program must at a 
minimum analyze the following three parameters: Total Base Number, 
viscosity and percent water content. The analysis must be conducted at 
the same frequency specified for changing the engine oil. If the 
condemning limits provided below are not exceeded, the engine owner or 
operator is not required to change the oil. If any of the condemning 
limits are exceeded, the engine owner or operator must change the oil 
within two business days or before continuing to use the engine, 
whichever is later. The condemning limits are as follows:
     Total Base Number is less than 30 percent of the Total 
Base Number of the oil when new; or
     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.
    Owners and operators of these existing stationary CI RICE must 
develop a maintenance plan that specifies how the management practices 
will be met and keep records to demonstrate that the required 
management practices are being met.

H. Miscellaneous Corrections and Revisions

    The EPA is making some minor corrections and clarifications to the 
stationary engine rules to address miscellaneous issues. The revisions 
are as follows:
     Revising Tables 1b and 2b of 40 CFR part 63, subpart ZZZZ 
to correct language requiring the pressure drop to be at plus or minus 
10 percent of 100 percent load for all engines. The engines that were 
regulated in 2010 are not subject to the load requirements and 
therefore the EPA is correcting these tables to make this clear.
     Adding a footnote to Table 1b of 40 CFR part 63, subpart 
ZZZZ stating that sources can petition the Administrator for a 
different temperature range consistent with Table 2b of the rule.
     Correcting rows 8 and 10 in Table 2d of 40 CFR part 63, 
subpart ZZZZ to indicate that the requirements apply to non-emergency, 
non-black start stationary RICE greater than 500 HP that are 4SLB and 
4SRB that operate more than 24 hours per year, as intended in the 
original rule.
     Revising the language in Sec.  63.6625(b) of 40 CFR part 
63, subpart ZZZZ that states ``* * * in paragraphs (b)(1) through (5) 
of this section'' to ``in paragraphs (b)(1) through (6) of this 
section.''
     Changing Tables 2c and 2d of 40 CFR part 63, subpart ZZZZ, 
where it currently specifies to inspect air cleaner, to also specify 
that it must be replaced as necessary.
     Revising Sec.  63.6620(b) of 40 CFR part 63, subpart ZZZZ 
to indicate that testing must be conducted within plus or minus 10 
percent of 100 percent load for stationary RICE greater than 500 HP 
located at a major source (except existing non-emergency CI stationary 
RICE greater than 500 HP located at a major source) that are subject to 
testing.
     Specifying that, as was intended in the rule adding these 
requirements, the operating limitations (pressure drop and catalyst 
inlet temperature) in Tables 1b and 2b of 40 CFR part 63, subpart ZZZZ 
do not have to be met during startup.
     For consistency, and as provided in the original RICE 
NESHAP for other stationary RICE, clarifying in 40 CFR part 63, subpart 
ZZZZ that the existing stationary RICE regulated in 2010 (i.e., engines 
constructed before June 12, 2006, that are less than or equal to 500 HP 
located at major sources or engines located at area sources) must burn 
landfill or digester gas equivalent to 10 percent or more of the gross 
heat input on an annual basis in order to qualify as a landfill or 
digester gas engine under the rule.
     Clarifying Sec.  60.4207(b) of 40 CFR part 60, subpart 
IIII to specify that owners and operators of stationary CI engines less 
than 30 liters per cylinder that are subject to the subpart that use 
diesel fuel must use diesel fuel that meets the requirements of 40 CFR 
80.510(b), except owners and operators may use up any diesel fuel 
acquired prior to October 1, 2010, that does not meet the requirements 
of 40 CFR 80.510(b) for nonroad diesel fuel.
     Adding appendix A to 40 CFR part 63, subpart ZZZZ, which 
includes procedures that can be used for measuring CO emissions from 
existing stationary 4SLB and 4SRB stationary RICE above 500 HP located 
at area sources of HAP that are complying with the emission limits in 
Table 2d of 40 CFR part 63, subpart ZZZZ.
     Reinstating the footnotes for Table 2 of 40 CFR part 60, 
subpart JJJJ. The footnotes were inadvertently removed when the rule 
was amended on June 28, 2011 (76 FR 37954).
     Adding ``part 60'' in Table 4 of the NESHAP, in row 2 
where it refers to 40 CFR appendix A.
     Clarifying in Sec.  63.6625(a) of 40 CFR part 63, subpart 
ZZZZ that a continuous emission monitoring system is only required to 
be installed at the outlet of the control device for engines that are 
complying with the requirement to limit the concentration of CO.
     Adding definitions of terms used in Equation 4 of Sec.  
63.6620 of 40 CFR part 63, subpart ZZZZ.
     Clarifying that, as was intended in the rule adding these 
requirements, all of the standards for stationary SI RICE in Sec.  
60.4231(b) of 40 CFR part 60, subpart JJJJ are for stationary SI RICE 
that use gasoline.
     Clarifying that, as was intended in the rule adding these 
requirements, all of the standards for stationary SI RICE in Sec.  
60.4231(c) of 40 CFR part 60, subpart JJJJ are for stationary SI RICE 
that are rich burn engines that use liquified petroleum gas (LPG).

[[Page 6685]]

     Clarifying that, as was intended in the rule adding these 
requirements, all of the standards for stationary SI RICE in Sec.  
60.4231(d) of 40 CFR part 60, subpart JJJJ are for stationary SI RICE 
that are not gasoline engines or rich burn engines that use LPG.
     Clarifying in Sec.  63.6625(b)(1) and the entries for 
Sec.  63.8(c)(1)(i) and (iii) in Table 8 of 40 CFR part 63, subpart 
ZZZZ that a startup, shutdown, and malfunction plan is not required for 
a continuous parameter monitoring system.
     Clarifying in the entry for Sec.  63.10(b)(1) in Table 8 
of 40 CFR part 63, subpart ZZZZ that the most recent two years of data 
do not have to be retained on site.
     Revising footnote 2 of Table 2c and footnote 1 of Table 2d 
of 40 CFR part 63, subpart ZZZZ to include a reference to Sec.  
63.6625(j), as was intended in the rule addressing these requirements.

III. Summary of Significant Changes Since Proposal

A. Emergency Demand Response and Reliability

    The EPA proposed to limit operation of emergency stationary RICE as 
part of an emergency demand response program to within the 100 hours 
per year that is already permitted for maintenance and testing of the 
engines. The EPA proposed that owners and operators of stationary 
emergency engines could operate the engines for emergency demand 
response when the Reliability Coordinator, or other authorized entity 
as determined by the Reliability Coordinator, has declared an EEA Level 
2 as defined in the NERC Reliability Standard EOP-002-3, Capacity and 
Energy Emergencies, plus during periods where there is a deviation of 
voltage or frequency of 5 percent or more below standard voltage or 
frequency. After considering public comments received on the proposed 
rule, the EPA is finalizing the proposed amendment to limit operation 
for maintenance and testing and emergency demand response to no more 
than 100 hours per year.
    The EPA received some comments in support of the provision for 
emergency demand response operation, while other commenters opposed the 
limitation. The commenters who supported the provision noted that the 
engines are rarely called for emergency demand response, and that the 
EPA has limited the emergency demand response operation to emergency 
situations where a blackout is imminent. The commenters also noted that 
the public health impacts created by a widespread power outage outweigh 
the air quality impacts from the engines. The EPA agrees with the 
commenters that it is appropriate to include a provision for operation 
of emergency engines for a limited number of hours per year as part of 
emergency demand response programs to help prevent grid failure or 
blackouts. Preventing stationary emergency engines from being able to 
qualify and participate in emergency demand response programs without 
having to apply aftertreatment could force owners and operators to 
remove their engines from these programs, which could impair the 
ability of regional transmission organizations and independent system 
operators to use these relatively small, quick-starting and reliable 
sources of energy to protect the reliability of their systems.
    The commenters who opposed the provision for demand response 
provided no significant argument that the conditions under which these 
engines would be permitted to operate for emergency demand response 
would not be emergency conditions. Commenters who opposed the provision 
were concerned about the air quality and health impacts of emissions 
from stationary engines. The commenters were concerned that recent 
actions by the Federal Energy Regulatory Commission (FERC) that impact 
demand response compensation in organized wholesale energy markets will 
greatly increase the amount of demand response participating in 
organized wholesale capacity markets. In response to the commenters, 
the EPA notes that, prior to the 2013 compliance dates for existing 
engines, there are no limitations on the hours of operation for those 
engines. The standards that go into effect in 2013 will for the first 
time establish requirements for these engines, including limitations on 
their hours of operation in certain situations such as emergency demand 
response, and ULSD fuel requirements which will reduce HAP emissions 
from the engines. Regarding the FERC regulations and their effect on 
use of demand response in capacity markets, these are comments more 
appropriately directed towards the FERC. As noted above, the emergency 
demand response situations during which the emergency engines may be 
used for a limited number of hours per year are appropriately 
considered emergency situations.
    Commenters were also concerned that these engines would be called 
to operate for demand response on high ozone days, further contributing 
to nonattainment with ozone standards. However, other commenters noted 
that emergency demand response events do not predominantly occur on 
ozone exceedance days. These commenters also note that some of the 
commenters opposing use of emergency engines during emergency demand 
response would benefit by such a limitation because other emission 
sources may be used instead of the emergency engines, including sources 
that some of these commenters may operate, and that the effect on total 
emissions of using these alternative emission sources is not clear. 
Concerns about contribution to ozone nonattainment by stationary 
engines can be addressed through area-specific requirements such as 
state-based State Implementation Plans that would be directed towards 
ozone nonattainment areas. More detail regarding the public comments 
and the EPA's responses can be found in the Response to Public Comments 
document available in the rulemaking docket.
    As mentioned in the previous paragraph, in response to the concerns 
about the air quality impact of emissions from emergency engines 
operating in emergency demand response programs, and based on public 
comments received on the proposed rule, the EPA is finalizing a 
requirement for owners and operators of existing emergency CI 
stationary RICE with a site rating of more than 100 brake HP and a 
displacement of less than 30 liters per cylinder that use diesel fuel 
and operate or are contractually obligated to be available for more 
than 15 hours per year (up to a maximum of 100 hours per year) for 
emergency demand response to use diesel fuel that meets the 
requirements in 40 CFR 80.510(b) for nonroad diesel fuel. This fuel 
requirement also applies to owners and operators of new emergency CI 
stationary RICE with a site rating of more than 500 brake HP with a 
displacement of less than 30 liters per cylinder located at a major 
source of HAP that use diesel fuel and operate or are contractually 
obligated to be available for more than 15 hours per year (up to a 
maximum of 100 hours per year) for emergency demand response. Owners 
and operators must begin meeting this ULSD fuel requirement on January 
1, 2015, except that any existing diesel fuel purchased (or otherwise 
obtained) prior to January 1, 2015, may be used until depleted. As 
noted by commenters on the proposed amendments and as discussed in 
section II.B, requiring the use of diesel fuel meeting the requirements 
of 40 CFR 80.510(b) is expected to reduce the HAP emissions 
significantly from the engines compared to emissions resulting from use 
of unregulated diesel fuel. The fuel

[[Page 6686]]

requirement begins on January 1, 2015, in order to give affected 
sources appropriate lead time to institute these new requirements and 
make any physical adjustments to engines and other facilities like 
tanks or containment structures, as well as any needed adjustments to 
contracts and other business activities, that may be necessitated by 
these new requirements.
    The final amendments also require owners and operators of emergency 
stationary RICE larger than 100 HP that operate or are contractually 
obligated to be available for more than 15 hours per year (up to a 
maximum of 100 hours per year) for emergency demand response to submit 
an annual report to the EPA documenting the dates and times that the 
emergency stationary RICE operated for emergency demand response, 
beginning with the 2015 calendar year. Commenters on the proposed 
amendments recommended that the EPA gather information on the impacts 
of the emissions from emergency engines during emergency demand 
response situations. The EPA agrees that a reporting requirement will 
increase the EPA's ability to ensure that these engines are operating 
in compliance with the regulations and that it will provide further 
information regarding the impacts of these engines on emissions. In 
response to these comments, the EPA is establishing a requirement to 
annually report to EPA the engine location and duration of operation 
for emergency demand response. This information will be used by the 
EPA, as well as state and local air pollution control agencies, to 
assess the health impacts of the emissions from these engines and to 
aid the EPA in ensuring that these engines comply with the regulations. 
Additional discussion of the rationale for the fuel and reporting 
requirements, as well as responses to other significant comments 
regarding emergency engines engaged in emergency demand response, can 
be found in the Response to Public Comments document in the docket.
    Public commenters, in particular the National Rural Electric 
Cooperative Association (NRECA), indicated that the proposed EEA Level 
2 and 5 percent voltage or frequency deviation triggers did not account 
for situations when the local balancing authority or transmission 
operator for the local electric system has determined that electric 
reliability is in jeopardy, and recommended that the EPA include 
additional situations where the local transmission and distribution 
system operator has determined that there are conditions that could 
lead to a blackout for the local area. The comments from NRECA 
indicated that rural distribution lines are not configured in a typical 
grid pattern, but instead have distribution lines that can run well 
over 50 miles from a substation and regularly extend 15 miles or 
longer. During periods of exceptionally heavy stress within the region 
or sub-region, electricity from regional power generators may not be 
available because of transmission constraints, according to the 
commenter. The commenter indicated that in many cases, there may be 
only one transmission line that feeds the rural distribution system, 
and no alternative means to transmit power into the local system.
    In response to those comments and in recognition of the unique 
challenges faced by the local transmission and distribution system 
operators in rural areas, the EPA is specifying in the final rule that 
existing emergency stationary RICE at area sources can be used for 50 
hours per year as part of a financial arrangement with another entity 
if all of the following conditions are met:
     The engine is dispatched by the local balancing authority 
or local transmission and distribution system operator.
     The dispatch is intended to mitigate local transmission 
and/or distribution limitations so as to avert potential voltage 
collapse or line overloads that could lead to the interruption of power 
supply in a local area or region.
     The dispatch follows reliability, emergency operation or 
similar protocols that follow specific NERC, regional, state, public 
utility commission or local standards or guidelines.
     The power is provided only to the facility itself or to 
support the local transmission and distribution system.
     The owner or operator identifies and records the specific 
NERC, regional, state, public utility commission or local standards or 
guidelines that are being followed for dispatching the engine. The 
local balancing authority or local transmission and distribution system 
operator may keep these records on behalf of the engine owner or 
operator.
    Engines operating in systems that do not meet the conditions 
described here will not be considered emergency engines if they operate 
for these purposes as part of a financial arrangement with another 
entity.
    Stationary emergency CI RICE with a site rating of more than 100 
brake HP and a displacement of less than 30 liters per cylinder located 
at area sources that operate for this purpose are also required to use 
diesel fuel meeting the specifications of 40 CFR 80.510(b) beginning 
January 1, 2015, except that any existing diesel fuel purchased (or 
otherwise obtained) prior to January 1, 2015, may be used until 
depleted. Owners and operators of these engines are also required to 
report the dates and times the engines operated for this purpose 
annually to the EPA, beginning with operation during the 2015 calendar 
year. The report must also identify the entity that dispatched the 
engine and the situation that necessitated the dispatch of the engine. 
Further discussion of the rationale for the changes is available in the 
Response to Public Comments document in the docket.

B. Peak Shaving

    The EPA proposed a temporary provision for existing stationary 
emergency engines located at area sources to apply the 50 hours per 
year that is allowed under Sec.  63.6640(f) for non-emergency operation 
towards any non-emergency operation, including operation as part of a 
financial agreement with another entity. The peak shaving provision was 
proposed to expire in April 2017. The purpose of the proposed provision 
for peak shaving was to give sources an additional resource for 
maintaining reliability while facilities are coming into compliance 
with the NESHAP From Coal and Oil-Fired Electric Utility Steam 
Generating Units (77 FR 9304, February 16, 2012). Based on public 
comments received on the proposal, the EPA is not finalizing the 
proposed provision for peak shaving in this action. As noted by the 
commenters, operation for peak shaving does not fairly come under the 
definition of emergency use as it is designed to increase capacity in 
the system, rather than responding to an emergency situation such as a 
blackout or imminent brownout. The EPA believes that peak shaving 
activity and other activities designed to increase capacity should be 
treated as part of long term capacity planning, not as use akin to 
emergencies. The EPA agrees with commenters who state that allowance 
for emergency engines to be used for peak shaving could well lead to 
increased use of these engines, particularly in situations that are not 
emergency situations. The EPA also agrees that use of internal 
combustion engines for peak shaving is not based on emergency use, but 
instead is generally based on the economic benefit gained by operating 
the engine rather than another power source. The EPA agrees with the 
commenters that there is not sufficient information on the record to 
show that these engines are needed to maintain reliability while 
facilities are coming

[[Page 6687]]

into compliance with the NESHAP From Coal and Oil-Fired Electric 
Utility Steam Generating Units, and the commenters who supported the 
limited temporary provision did not provide information to show that 
rule would cause reliability issues that necessitate the operation of 
these engines. The EPA believes that given this information, it is 
appropriate to treat use of internal combustion engines as peak power 
units not as emergency use but as normal power generation, and thus 
believes it is appropriate to require emissions aftertreatment 
requirements (or similar controls as appropriate for non-emergency 
engines) for engines engaging in these activities for compensation. 
Further discussion is available in the Response to Public Comments 
document in the docket.
    However, in consideration of the short time between this final rule 
and the May 3, 2013, or October 19, 2013 compliance dates for affected 
sources, this final rule permits the use of existing stationary 
emergency engines located at area sources for 50 hours per year through 
May 3, 2014 for peak shaving or non-emergency demand response to 
generate income for a facility, or to otherwise supply power as part of 
a financial arrangement with another entity if the engines are operated 
as part of a peak shaving (load management) program with the local 
distribution system operator and the power is provided only to the 
facility itself or to support the local distribution system. Owners and 
operators of these engines, which have heretofore not been regulated, 
may have taken actions based on the June 7, 2012, proposal that would 
now leave them in danger of being in noncompliance with the applicable 
requirements for the engine in the RICE NESHAP.

C. Non-Emergency Stationary SI RICE Greater Than 500 HP Located at Area 
Sources

    The EPA proposed to require existing stationary non-emergency 4-
stroke SI RICE greater than 500 HP located at area sources of HAP that 
are in sparsely populated areas to meet management practices. The 
proposed management practices required the engine owner and operator to 
change the oil and filter and inspect spark plugs, hoses and belts 
every 1,440 hours of operation or annually, whichever comes first. The 
proposed management practices were based on similar requirements for 
existing non-emergency stationary SI RICE smaller than 500 HP. The EPA 
received public comments indicating that the interval for performing 
the management practices for engines larger than 500 HP should be every 
2,160 hours of operation or annually, whichever comes first. Commenters 
indicated that larger engines have increased capabilities compared to 
smaller size engines, which allows engines to extend the maintenance 
interval. Larger engines have increased oil capacities, use improved 
oil grades/synthetics, and use oil sweetening systems, according to the 
commenters. Commenters also noted that larger engines use better 
quality, more expensive spark plugs that last longer than 1,440 hours, 
and that less frequent maintenance intervals reduce the environmental 
impacts associated with disposing waste oils and traveling to remote 
locations. The EPA agrees with the arguments presented by the 
commenters. Therefore, in this final rule, EPA is requiring engine 
owners and operators to change the oil and filter and inspect spark 
plugs, hoses and belts every 2,160 hours of operation or annually, 
whichever comes first.
    For existing stationary non-emergency SI 4SRB RICE that are in 
populated areas, the EPA proposed an equipment standard that required 
the installation of NSCR to reduce HAP emissions. The proposed rule 
required these engines to demonstrate that the catalyst achieves at 
least a 75 percent CO reduction or a 30 percent THC reduction. The EPA 
is retaining this requirement in this final rule, but is adding another 
option in response to public comments that allows the owner and 
operator of the engine to demonstrate that the catalyst achieves a CO 
concentration level of 270 ppmvd at 15 percent O2. As noted 
by the public comments, this represents a 75 percent reduction from 
typical uncontrolled emissions from existing stationary non-emergency 
SI 4SRB RICE and is the CO standard required for new SI 4SRB engines in 
the NSPS for stationary SI engines. The EPA is also clarifying that, as 
was intended in the original proposal, engines located in Class 4 
locations are not considered remote. More detail regarding the public 
comments and the rationale for these changes can be found in the 
Response to Public Comments document, which is available in the docket 
for this rulemaking.

D. Definition for Remote Areas of Alaska

    The EPA proposed to expand the definition of remote areas of Alaska 
to extend beyond areas that are not accessible by the FAHS. 
Specifically, the EPA proposed that areas of Alaska that are accessible 
by the FAHS and that met all of the following criteria would also be 
considered remote and subject to management practices under the rule: 
(1) The stationary CI engine is located in an area not connected to the 
Alaska Railbelt Grid; (2) at least 10 percent of the power generated by 
the engine per year is used for residential purposes; and (3) the 
generating capacity of the area source is less than 12 MW, or the 
engine is used exclusively for backup power for renewable energy and is 
used less than 500 hours per year on a 10-year rolling average. After 
considering the public comments received on the proposed criteria, the 
EPA is finalizing the first two criteria as proposed, but finalizing a 
slightly different third criterion. In this final rule, existing CI 
engines at area sources of HAP are considered remote if they meet the 
first and second criteria above and they are either at a source with a 
generating capacity less than 12 MW, or used exclusively for backup 
power for renewable energy. Based on public comments received on the 
proposal, the EPA is not finalizing the limitation that the engine be 
used less than 500 hours per year on a 10-year rolling average. 
Commenters indicated that basing the applicability on the previous 10 
years of operation would ignore recent investments in renewable energy 
that have significantly decreased engine hours of operation in recent 
years. The EPA is also defining ``backup power for renewable energy'' 
in this final rule as engines that provide backup power to a facility 
that generates electricity from renewable energy resources, as that 
term is defined in Alaska Statute 42.45.045(l)(5). The rationale for 
these changes can be found in the Response to Public Comments document 
available in the docket.

E. Requirements for Offshore Vessels

    The RICE NESHAP does not on its face apply to mobile sources, 
including marine vessels. However, the regulations applicable to 
sources on the OCS, codified at 40 CFR part 55, specify that vessels 
are OCS sources when they are (1) permanently or temporarily attached 
to the seabed and erected thereon and used for the purpose of 
exploring, developing or producing resources there from, within the 
meaning of section 4(a)(1) of the OCS Lands Act (43 U.S.C. 1331, et 
seq.); or (2) physically attached to an OCS facility, in which case 
only the stationary sources aspects of the vessels will be regulated. 
40 CFR 55.2. The OCS regulations provide that NESHAP requirements apply 
to a vessel that is an OCS source where the provisions are ``rationally 
related to the attainment and maintenance of the federal or state 
ambient air quality standards or the

[[Page 6688]]

requirements of part C of title I of the Act.'' 40 CFR 55.13(e).
    The EPA received comments during the public comment period for the 
June 7, 2012, proposal recommending that the RICE NESHAP be amended 
such that for any existing non-emergency CI RICE above 300 HP on 
offshore vessels on the OCS that become subject to the RICE NESHAP as a 
result of the operation of the OCS regulations (40 CFR part 55), such 
engines may meet the NESHAP through management practices rather than 
numeric emission limits. This amendment was not contained or 
contemplated in the June 7, 2012, proposal. However, the comments 
indicated several significant issues related to application of the 
NESHAP to regulation of existing marine vessel engines located in the 
OCS as a result of the OCS regulations; in particular, whether the 
numerical standards applicable to other CI engines located at area 
sources (marine vessels located in the OCS are generally located at 
area sources) are technologically feasible for existing marine engines 
located in the OCS. Some commenters noted specific technological issues 
relevant to engines on marine vessels in the OCS. The commenters 
indicated that emission controls for existing CI RICE to meet the 
NESHAP may be technically infeasible due to weight and space 
constraints, catalyst fouling from the low-load engine operation 
required by the U.S. Coast Guard, safety concerns regarding engine 
backpressure and lack of catalyst vendor experience with retrofitting. 
Commenters suggested that, to the extent marine vessel engines become 
subject to the NESHAP as a result of the OCS regulations, these engines 
should be subject to GACT requirements that the commenters believe are 
more appropriate for these types of engines. The commenters indicated 
that management practices similar to those currently required in the 
rule for existing non-emergency stationary CI RICE smaller than 300 HP 
are more appropriate as GACT for existing non-emergency stationary CI 
RICE above 300 HP on vessels operating on the OCS.
    Based on these comments, the EPA published a reopening of the 
comment period to take further comment on whether the RICE NESHAP 
should be revised to require management practices for these vessels (77 
FR 60341, October 3, 2012). Based on the comments received during the 
two comment periods, the EPA agrees with the commenters that management 
practices are more reasonable as GACT for existing non-emergency 
stationary CI RICE larger than 300 HP on vessels operating on the OCS 
and is finalizing management practices for these engines. The EPA did 
not receive any public comments indicating that HAP emission controls 
were generally available and had been demonstrated for the large 
engines on the vessels. The final management practices include changing 
the oil every 1,000 hours of operation or annually, whichever comes 
first; inspecting and cleaning air filters every 750 hours of operation 
or annually, whichever comes first, and replacing as necessary; 
inspecting fuel filters and belts, if installed, every 750 hours of 
operation or annually, whichever comes first, and replacing as 
necessary; and inspecting all flexible hoses every 1,000 hours of 
operation or annually, whichever comes first, and replacing as 
necessary. Facilities have the option of using an oil analysis program 
to extend the oil change requirement. Additional discussion of the 
rationale for these changes can be found in the Response to Public 
Comments document available in the docket.

IV. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    The EPA estimates that the rule with the final amendments 
incorporated will reduce emissions from existing stationary RICE as 
shown in Table 4 of this preamble. The emissions reductions the EPA 
previously estimated for the 2010 amendments to the RICE NESHAP are 
shown for comparison. Reductions are shown for the year 2013, which is 
the first year the final RICE NESHAP will be implemented for existing 
stationary RICE.

                           Table 4--Summary of Reductions for Existing Stationary RICE
----------------------------------------------------------------------------------------------------------------
                                                        Emission Reductions (tpy)  in the year 2013
                                         -----------------------------------------------------------------------
                                                    2010 Final rule            2010 Final rule with these final
                Pollutant                ------------------------------------             amendments
                                                                             -----------------------------------
                                                 CI                SI                CI                SI
----------------------------------------------------------------------------------------------------------------
HAP.....................................             1,014             6,008             1,005             1,778
CO......................................            14,342           109,321            14,238            22,211
PM......................................             2,844               N/A             2,818               N/A
NOX.....................................               N/A            96,479               N/A             9,648
VOC.....................................            27,395            30,907            27,142             9,147
----------------------------------------------------------------------------------------------------------------

    The EPA estimates that more than 900,000 stationary CI engines will 
be subject to the rule in total, but only a small number of stationary 
CI engines are affected by the final amendments in this action. The EPA 
did not estimate any changes in the reductions from the 2010 rule for 
the amendments associated with emergency engines. To determine 
emissions from emergency engines for the 2010 rule, the EPA estimated 
that these types of engines would on average operate for 50 hours per 
year. The average hours of operation for emergency engines is not 
expected to change based on the final amendments and 50 hours per year 
is still believed to be representative of average emergency engine 
operation. Information provided by commenters demonstrated that these 
engines have been operated very infrequently for emergency demand 
response events.\8\ Therefore, the emissions previously calculated 
remain appropriate.
---------------------------------------------------------------------------

    \8\ See document number EPA-HQ-OAR-2008-0708-1142 in the 
rulemaking docket.
---------------------------------------------------------------------------

    It is estimated that approximately 330,000 stationary SI engines 
will be subject to the rule in total; however, only a subset of 
stationary SI engines are affected by the final amendments in this 
action. The decrease in estimated reductions for SI engines is 
primarily due to final amendments to the requirements for existing 4SRB 
and 4SLB SI engines larger than 500 HP at area sources of HAP that are 
in remote areas. Those engines were required by the 2010 rule to meet 
emission limits that were expected to require the installation of 
aftertreatment to reduce emissions; under these final amendments, those 
engines are required

[[Page 6689]]

to meet management practices that would not require the installation of 
aftertreatment. Further information regarding the estimated reductions 
of this final rule can be found in the memorandum titled, ``RICE NESHAP 
Reconsideration Final Amendments--Cost and Environmental Impacts,'' 
which is available in the docket (EPA-HQ-OAR-2008-0708). The EPA did 
not estimate any impacts associated with the minor changes to the NSPS 
for stationary CI and SI engines.

B. What are the cost impacts?

    The final amendments are expected to reduce the overall cost of the 
original 2010 RICE NESHAP amendments. The EPA estimates that with these 
final amendments incorporated, the cost of the rule for existing 
stationary RICE will be as shown in Table 5 of this preamble. The costs 
the EPA previously estimated for the 2010 amendments to the RICE NESHAP 
are shown for comparison. The costs that were previously estimated are 
shown in the original year ($2008 for CI and $2009 for SI), as well as 
updated to 2010 dollars.

                          Table 5--Summary of Cost Impacts for Existing Stationary RICE
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Engine                                        2010 Final Rule                  2010 Final Rule
                                                                               with these
                                                                               Final Amendments
----------------------------------------------------------------------------------------------------------------
                                                Total Annual Cost
----------------------------------------------------------------------------------------------------------------
SI..........................  $253 million ($2009)...  $251 million ($2010)..  $115 million ($2010).
CI..........................  $373 million ($2008)...  $375 million ($2010)..  $373 million ($2010).
----------------------------------------------------------------------------------------------------------------
                                               Total Capital Cost
----------------------------------------------------------------------------------------------------------------
SI..........................  $383 million ($2009)...  $380 million ($2010)..  $103 million ($2010).
CI..........................  $744 million ($2008)...  $748 million ($2010)..  $740 million ($2010).
----------------------------------------------------------------------------------------------------------------

    Further information regarding the estimated cost impacts of the 
final amendments, including the cost of the final amendments in 2010 
dollars, can be found in the memorandum titled, ``RICE NESHAP 
Reconsideration Final Amendments--Cost and Environmental Impacts,'' 
which is available in the docket (EPA-HQ-OAR-2008-0708). The EPA did 
not estimate costs associated with the changes to the NSPS for 
stationary CI and SI engines. The changes to the NSPS are minor and are 
not expected to impact the costs of those rules.

C. What are the benefits?

    Emission controls installed to meet the requirements of this final 
rule will generate benefits by reducing emissions of HAP as well as 
criteria pollutants and their precursors, including CO, NOX 
and VOC. NOX and VOC are precursors to PM2.5 
(particles smaller than 2.5 microns) and ozone. The criteria pollutant 
benefits are considered co-benefits for this rule. For this final rule, 
the EPA was only able to quantify the health co-benefits associated 
with reduced exposure to PM2.5 from emission reductions of 
NOX and directly emitted PM2.5. The EPA has not 
re-estimated the benefits from the proposal for this final rule because 
the emission reductions have not changed since the reconsideration 
proposal.\9\
---------------------------------------------------------------------------

    \9\ Since the June 7, 2012 reconsideration proposal, the EPA has 
made several updates to the approach used to estimate mortality and 
morbidity benefits, as demonstrated in the RIA for the PM NAAQS. 
Changes include applying the concentration-response functions from 
more recent epidemiology studies, adding some health endpoints, and 
updating population data. Although the EPA has not re-estimated the 
benefits for this rule by applying these changes, we anticipate that 
the rounded benefits estimated for this rule are unlikely to be very 
different than those provided here. Specifically, we anticipate that 
the changes that would likely lead to small increases in the 
benefits would likely be offset by changes that would likely lead to 
small decreases in the benefits. References for the RIA for the PM 
NAAQS are: (1) U.S. Environmental Protection Agency (U.S. EPA). 
2012a. Regulatory Impact Analysis for the Proposed Revisions to the 
National Ambient Air Quality Standards for Particulate Matter. EPA-
452/R-12-003. Office of Air Quality Planning and Standards, Health 
and Environmental Impacts Division. June. Available at http://www.epa.gov/ttnecas1/regdata/RIAs/PMRIACombinedFile_Bookmarked.pdf. 
(2) U.S. Environmental Protection Agency (U.S. EPA). 2012b. 
Regulatory Impact Analysis for the Final Revisions to the National 
Ambient Air Quality Standards for Particulate Matter. EPA-452/R-12-
003. Office of Air Quality Planning and Standards, Health and 
Environmental Impacts Division. December. Available at http://www.epa.gov/pm/2012/finalria.pdf.
---------------------------------------------------------------------------

    The EPA previously estimated that the monetized co-benefits in 2013 
of the stationary CI NESHAP would be $940 million to $2,300 million 
(2008 dollars) at a 3-percent discount rate and $850 million to $2,100 
million (2008 dollars) at a 7-percent discount rate.\10\ For stationary 
SI engines, EPA previously estimated that the monetized co-benefits in 
2013 would be $510 million to $1,200 million (2009 dollars) at a 3-
percent discount rate) and $460 million to $1,100 million (2009 
dollars) at a 7-percent discount rate.\11\
---------------------------------------------------------------------------

    \10\ U.S. Environmental Protection Agency. 2010. Regulatory 
Impact Analysis (RIA) for Existing Stationary Compression Ignition 
Engines NESHAP: Final Draft. Research Triangle Park, NC. February. 
http://www.epa.gov/ttn/ecas/regdata/RIAs/CIRICENESHAPRIA2-17-0cleanpublication.pdf.
    \11\ U.S. Environmental Protection Agency. 2010. Regulatory 
Impact Analysis (RIA) for Existing Stationary Spark Ignition (SI) 
RICE NESHAP: Final Report. Research Triangle Park, NC. August. 
http://www.epa.gov/ttn/ecas/regdata/RIAs/riceriafinal.pdf.
---------------------------------------------------------------------------

    The final amendments are expected to reduce the overall emission 
reductions of the rules, primarily due to the changes to requirements 
for engines in remote areas. In addition to revising the anticipated 
emission reductions, the EPA has also updated the methodology used to 
calculate the co-benefits to be consistent with methods used in more 
recent rulemakings, which is summarized below and discussed in more 
detail in the CI and SI Final Reconsideration RIAs, the RIAs for this 
rulemaking. The EPA estimates the monetized co-benefits of the final 
amendments of the CI NESHAP in 2013 to be $770 million to $1,900 
million (2010 dollars) at a 3-percent discount rate and $690 million to 
$1,700 million (2010 dollars) at a 7-percent discount rate. For SI 
engines, the EPA estimates the monetized co-benefits of the final 
amendments in 2013 to be $62 million to $150 million (2010 dollars) at 
a 3-percent discount rate and $55 million to $140 million (2010 
dollars) at a 7-percent discount rate.
    Using alternate relationships between PM2.5 and 
premature mortality supplied by experts, higher and lower co-benefits 
estimates are plausible, but most of the expert-based estimates fall 
between

[[Page 6690]]

these two estimates.\12\ A summary of the monetized co-benefits 
estimates for CI and SI engines at discount rates of 3-percent and 7-
percent is in Table 6 of this preamble.
---------------------------------------------------------------------------

    \12\ Roman, et al., 2008. Expert Judgment Assessment of the 
Mortality Impact of Changes in Ambient Fine Particulate Matter in 
the U.S., Environ. Sci. Technol., 42, 7, 2268-2274.

   Table 6--Summary of the Monetized PM2.5 Co-Benefits Final Amendments to the NESHAP for Stationary CI and SI
                                                     Engines
                                         [Millions of 2010 dollars] a b
----------------------------------------------------------------------------------------------------------------
                                                               Total monetized co-
             Pollutant                 Emission reductions     benefits (3 percent   Total monetized co-benefits
                                         (tons per year)            discount)           (7 percent  discount)
----------------------------------------------------------------------------------------------------------------
                                          Original 2010 Final Rules \c\
----------------------------------------------------------------------------------------------------------------
Stationary CI Engines:
    Total Benefits.................  2,844 PM2.5, 27,395     $950 to $2,300........  $860 to $2,100.
                                      VOC.
Stationary SI Engines:
    Total Benefits.................  96,479 NOX, 30,907 VOC  $510 to $1,300........  $470 to $1,100.
----------------------------------------------------------------------------------------------------------------
                                  2010 Final Rules With These Final Amendments
----------------------------------------------------------------------------------------------------------------
Stationary CI Engines:
    Directly emitted PM2.5.........  2,818.................  $770 to $1,900........  $690 to $1,700.
Stationary SI Engines:
    NOX............................  9,648.................  $62 to $150...........  $55 to $140.
----------------------------------------------------------------------------------------------------------------
\a\ All estimates are for the analysis year (2013) and are rounded to two significant figures so numbers may not
  sum across rows. The total monetized co-benefits reflect the human health benefits associated with reducing
  exposure to PM2.5 through reductions of PM2.5 precursors, such as NOX and directly emitted PM2.5. It is
  important to note that the monetized co-benefits do not include reduced health effects from exposure to HAP,
  direct exposure to NO2, exposure to ozone, ecosystem effects or visibility impairment.
\b\ PM co-benefits are shown as a range from Pope, et al. (2002) to Laden, et al. (2006). These models assume
  that all fine particles, regardless of their chemical composition, are equally potent in causing premature
  mortality because the scientific evidence is not yet sufficient to allow differentiation of effects estimates
  by particle type.
\c\ The benefits analysis for the 2010 final rules applied out-dated benefit-per-ton estimates compared to the
  updated estimates described in this preamble and reflected monetized co-benefits for VOC emissions, which
  limits direct comparability with the monetized co-benefits estimated for this final rule. In addition, these
  estimates have been updated from their original currency years to 2010$, so the rounded estimates for the 2010
  final rules may not match the original RIAs.

    These co-benefits estimates represent the total monetized human 
health benefits for populations exposed to less PM2.5 in 
2013 from controls installed to reduce air pollutants in order to meet 
this final rule. To estimate human health co-benefits of these rules, 
the EPA used benefit-per-ton factors to quantify the changes in 
PM2.5-related health impacts and monetized benefits based on 
changes in directly emitted PM2.5 and NOX 
emissions. These benefit-per-ton factors were derived using the general 
approach and methodology laid out in Fann, Fulcher and Hubbell 
(2009).\13\ This approach uses a model to convert emissions of 
PM2.5 precursors into changes in ambient PM2.5 
levels and another model to estimate the changes in human health 
associated with that change in air quality, which are then divided by 
the emission reductions to create the benefit-per-ton estimates. 
However, for these rules, the EPA utilized air quality modeling of 
emissions in the ``Non-EGU Point other'' category because the EPA does 
not have modeling specifically for stationary engines.14 15 
The primary difference between the estimates used in this analysis and 
the estimates reported in Fann, Fulcher and Hubbell (2009) is the air 
quality modeling data utilized. While the air quality data used in 
Fann, Fulcher and Hubbell (2009) reflects broad pollutant/source 
category combinations, such as all non-EGU stationary point sources, 
the air quality modeling data used in this analysis has narrower sector 
categories. In addition, the updated air quality modeling data reflects 
more recent emissions data (2005 rather than 2001) and has a higher 
spatial resolution (12 km rather than 36 km grid cells). The benefits 
methodology, such as health endpoints assessed, risk estimates applied, 
and valuation techniques applied did not change. As a result, the 
benefit-per-ton estimates presented herein better reflect the 
geographic areas and populations likely to be affected by this sector. 
However, these updated estimates still have similar limitations as all 
national-average benefit-per-ton estimates in that they reflect the 
geographic distribution of the modeled emissions, which may not exactly 
match the emission reductions in this rulemaking, and they may not 
reflect local variability in population density, meteorology, exposure, 
baseline health incidence rates or other local factors for any specific 
location.\16\
---------------------------------------------------------------------------

    \13\ Fann, N., C.M. Fulcher, B.J. Hubbell. 2009. The influence 
of location, source, and emission type in estimates of the human 
health benefits of reducing a ton of air pollution. Air Qual Atmos 
Health (2009) 2:169-176.
    \14\ U.S. Environmental Protection Agency. 2012. Technical 
support document: Estimating the benefit per ton of reducing 
PM2.5 precursors from other point sources. Research 
Triangle Park, NC.
    \15\ Stationary engines are included in the other non-EGU point 
source category. If the affected stationary engines are more rural 
than the average of the non-EGU sources modeled, then it is possible 
that the benefits may be somewhat less than the EPA has estimated 
here. The TSD provides the geographic distribution of the air 
quality changes associated with this sector. It is important to 
emphasize that this modeling represents the best available 
information on the air quality impact on a per ton basis for these 
sources.
    \16\ To the extent that the PM2.5 improvements 
achieved by the 2010 final rule would have been located in areas 
with lower average population density compared to the engines 
regulated under these amendments, there is a potential for the 
estimated loss in benefits to be overstated by the use of national-
average benefit-per-ton estimates. For example, if only engines in 
areas with higher population density are regulated, this scenario 
should result in higher benefit-per-ton estimates than a scenario 
only regulating engines in areas with lower population density. It 
is important to note that the benefit-per-ton estimates that EPA 
applied in this assessment reflect pollution transport as well as a 
variety of emission source locations, including areas with high and 
low population density. Without information regarding the specific 
location of the engines affected by the 2010 final rule and the 
amendments, it is not possible to be more precise regarding the true 
magnitude of the loss in benefits.

---------------------------------------------------------------------------

[[Page 6691]]

    The EPA applies these national benefit-per-ton estimates calculated 
for this sector separately for directly emitted PM2.5 and 
NOX and multiply them by the corresponding emission 
reductions. The sector modeling does not provide estimates of the 
PM2.5-related benefits associated with reducing VOC 
emissions, but these unquantified benefits are generally small compared 
to other PM2.5 precursors. More information regarding the 
derivation of the benefit-per-ton estimates for this category is 
available in the Technical Support Document, which is available in the 
docket for this rulemaking.
    These models assume that all fine particles, regardless of their 
chemical composition, are equally potent in causing premature mortality 
because the scientific evidence is not yet sufficient to allow 
differentiation of effects estimates by particle type. The main 
PM2.5 precursors affected by this final rule are directly 
emitted PM2.5 and NOX. Even though the EPA 
assumes that all fine particles have equivalent health effects, the 
benefit-per-ton estimates vary between precursors depending on the 
location and magnitude of their impact on PM2.5 levels, 
which drive population exposure. For example, directly emitted 
NOX has a lower benefit-per-ton estimate than direct 
PM2.5 because it does not form as much PM2.5; 
thus, the exposure would be lower, and the monetized health benefits 
would be lower.
    It is important to note that the magnitude of the PM2.5 
co-benefits is largely driven by the concentration response function 
for premature mortality. Experts have advised the EPA to consider a 
variety of assumptions, including estimates based both on empirical 
(epidemiological) studies and judgments elicited from scientific 
experts, to characterize the uncertainty in the relationship between 
PM2.5 concentrations and premature mortality. The EPA cites 
two key empirical studies, one based on the American Cancer Society 
cohort study \17\ and the extended Six Cities cohort study.\18\ In the 
RIA for the proposed reconsideration amendments rule, which is 
available in the docket, the EPA also includes benefits estimates 
derived from the expert judgments and other assumptions.
---------------------------------------------------------------------------

    \17\ Pope, et al., 2002. Lung Cancer, Cardiopulmonary Mortality, 
and Long-term Exposure to Fine Particulate Air Pollution. Journal of 
the American Medical Association 287:1132-1141.
    \18\ Laden, et al., 2006. Reduction in Fine Particulate Air 
Pollution and Mortality. American Journal of Respiratory and 
Critical Care Medicine 173: 667-672.
---------------------------------------------------------------------------

    The EPA strives to use the best available science to support our 
benefits analyses. The EPA recognizes that interpretation of the 
science regarding air pollution and health is dynamic and evolving. 
After reviewing the scientific literature, the EPA has determined that 
the no-threshold model is the most appropriate model for assessing the 
mortality benefits associated with reducing PM2.5 exposure. 
Consistent with this finding, the EPA has conformed the previous 
threshold sensitivity analysis to the current state of the PM science 
by incorporating a new ``Lowest Measured Level'' (LML) assessment in 
the RIA accompanying these rules. While an LML assessment provides some 
insight into the level of uncertainty in the estimated PM mortality 
benefits, the EPA does not view the LML as a threshold and continues to 
quantify PM-related mortality impacts using a full range of modeled air 
quality concentrations.
    Most of the estimated PM-related co-benefits for these rules would 
accrue to populations exposed to higher levels of PM2.5. For 
this analysis, policy-specific air quality data are not available due 
to time or resource limitations, and, thus, the EPA is unable to 
estimate the percentage of premature mortality associated with this 
specific rule's emission reductions at each PM2.5 level. As 
a surrogate measure of mortality impacts, the EPA provides the 
percentage of the population exposed at each PM2.5 level 
using the source apportionment modeling used to calculate the benefit-
per-ton estimates for this sector. Using the Pope, et al. (2002) study, 
77 percent of the population is exposed to annual mean PM2.5 
levels at or above the LML of 7.5 micrograms per cubic meter ([mu]g/
m\3\). Using the Laden, et al. (2006) study, 25 percent of the 
population is exposed above the LML of 10 [mu]g/m\3\. It is important 
to emphasize that we have high confidence in PM2.5-related 
effects down to the lowest LML of the major cohort studies. This fact 
is important, because, as the EPA models avoided premature deaths among 
populations exposed to levels of PM2.5, the EPA has lower 
confidence in levels below the LML for each study.
    Every benefit analysis examining the potential effects of a change 
in environmental protection requirements is limited, to some extent, by 
data gaps, model capabilities (such as geographic coverage) and 
uncertainties in the underlying scientific and economic studies used to 
configure the benefit and cost models. Despite these uncertainties, the 
EPA believes the benefit analysis for these rules provides a reasonable 
indication of the expected health benefits of the rulemaking under a 
set of reasonable assumptions. This analysis does not include the type 
of detailed uncertainty assessment found in the 2006 PM2.5 
National Ambient Air Quality Standard (NAAQS) RIA because the EPA lacks 
the necessary air quality input and monitoring data to run the benefits 
model. In addition, the EPA has not conducted air quality modeling for 
these rules, and using a benefit-per-ton approach adds another 
important source of uncertainty to the benefits estimates. The 2006 
PM2.5 NAAQS benefits analysis \19\ provides an indication of 
the sensitivity of our results to various assumptions.
---------------------------------------------------------------------------

    \19\ U.S. Environmental Protection Agency, 2006. Proposed 
amendments Regulatory Impact Analysis: PM2.5 NAAQS. 
Prepared by Office of Air and Radiation. October. Available on the 
Internet at http://www.epa.gov/ttn/ecas/ria.html.
---------------------------------------------------------------------------

    It should be noted that the monetized co-benefits estimates 
provided above do not include benefits from several important benefit 
categories, including exposure to HAP, NOX, ozone, as well 
as ecosystem effects and visibility impairment. Although the EPA does 
not have sufficient information or modeling available to provide 
monetized estimates for these amendments, the EPA includes a 
qualitative assessment of these unquantified benefits in the RIAs for 
these final amendments.
    For more information on the benefits analysis, please refer to the 
CI and SI RIAs for these amendments, which are available in the docket.

D. What are the non-air health, environmental and energy impacts?

    The EPA does not anticipate any significant non-air health, 
environmental or energy impacts as a result of these final amendments.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under section 3(f)(1) of Executive Order 12866 (58 FR 51735, 
October 4, 1993), this action is an ``economically significant 
regulatory action'' because it is likely to have an annual effect on 
the

[[Page 6692]]

economy of $100 million or more. Accordingly, the EPA submitted this 
action to the Office of Management and Budget (OMB) for review under 
Executive Order 12866 and Executive Order 13563 (76 FR 3821, January 
21, 2011), and any changes made in response to OMB recommendations have 
been documented in the docket for this action. In addition, the EPA 
prepared a RIA of the potential costs and benefits associated with this 
action.
    A summary of the monetized benefits, compliance costs and net 
benefits for the 2010 rule with the final amendments to the stationary 
CI engines NESHAP at discount rates of 3 percent and 7 percent is in 
Table 7 of this preamble. The summary for stationary SI engines is 
included in Table 8 of this preamble. OMB Circular A-4 recommends that 
analysis of a change in an existing regulatory program use a baseline 
that assumes ``no change'' in the existing regulation. For purposes of 
this final rule, however, the EPA has decided that it is appropriate to 
assume a baseline in which the original 2010 rule did not exist. The 
EPA feels that this baseline is appropriate because full implementation 
of this final rule has not taken place as of yet (it will take place in 
2013). In addition, this assumption is consistent with the baseline 
definition applied in the proposed NESHAP for Industrial, Commercial, 
and Institutional Boilers (76 FR 80532) and NSPS for Commercial/
Industrial Solid Waste Incineration Units (76 FR 80452). We have not 
re-estimated the benefits from the proposal for this final rule because 
the emission reductions have not changed since the reconsideration 
proposal. Since the June 7, 2012, reconsideration proposal, we have 
updated the epidemiology studies used to calculate mortality and 
morbidity benefits in the PM NAAQS proposal RIA.\20\ These updates 
would reduce the monetized benefits estimated for the RICE NESHAP 
reconsideration by less than 4 percent.
---------------------------------------------------------------------------

    \20\ U.S. Environmental Protection Agency (U.S. EPA). 2012. 
Regulatory Impact Analysis for the Proposed Revisions to the 
National Ambient Air Quality Standards for Particulate Matter. EPA-
452/R-12-003. Office of Air Quality Planning and Standards, Health 
and Environmental Impacts Division. June. Available at http://www.epa.gov/ttnecas1/regdata/RIAs/PMRIACombinedFile_Bookmarked.pdf.

  Table 7--Summary of the Monetized Benefits, Compliance Costs and Net
 Benefits for the 2010 Rule With the Final Amendments to the Stationary
                        CI Engine NESHAP in 2013
                     [Millions of 2010 dollars] \a\
------------------------------------------------------------------------
                               3-Percent discount    7-Percent  discount
                                      rate                  rate
------------------------------------------------------------------------
Total Monetized Benefits \b\  $770 to $1,900......  $690 to $1,700.
Total Compliance Costs \c\..  $373................  $373.
Net Benefits................  $400 to $1,500......  $320 to $1,300.
                             -------------------------------------------
Non-Monetized Benefits......  Health effects from exposure to HAP.
                              Health effects from direct exposure to NO2
                               and ozone.
                              Health effects from PM2.5 exposure from
                               VOC.
                              Ecosystem effects.
                              Visibility impairment.
------------------------------------------------------------------------
\a\ All estimates are for the implementation year (2013) and are rounded
  to two significant figures.
\b\ The total monetized co-benefits reflect the human health benefits
  associated with reducing exposure to PM2.5 through reductions of PM2.5
  precursors, such as NOX and directly emitted PM2.5. Co-benefits are
  shown as a range from Pope, et al. (2002) to Laden, et al. (2006).
  These models assume that all fine particles, regardless of their
  chemical composition, are equally potent in causing premature
  mortality because the scientific evidence is not yet sufficient to
  allow differentiation of effects estimates by particle type.
\c\ The engineering compliance costs are annualized using a 7-percent
  discount rate.

  Table 8--Summary of the Monetized Benefits, Compliance Costs and Net
 Benefits for the 2010 Rule With the Final Amendments to the Stationary
                        SI Engine NESHAP in 2013
                     [Millions of 2010 dollars] \a\
------------------------------------------------------------------------
                               3-Percent discount    7-Percent  discount
                                      rate                  rate
------------------------------------------------------------------------
Total Monetized Benefits \b\  $62 to $150.........  $55 to $140.
Total Compliance Costs \c\..  $115................  $115.
Net Benefits................  $-53 to $35.........  $-60 to $25.
                             -------------------------------------------
Non-Monetized Benefits......  Health effects from exposure to HAP.
                              Health effects from direct exposure to NO2
                               and ozone.
                              Health effects from PM2.5 exposure from
                               VOC.
                              Ecosystem effects.
                              Visibility impairment.
------------------------------------------------------------------------
\a\All estimates are for the implementation year (2013) and are rounded
  to two significant figures.
\b\ The total monetized co-benefits reflect the human health benefits
  associated with reducing exposure to PM2.5 through reductions of PM2.5
  precursors, such as NOX and directly emitted PM2.5. Co-benefits are
  shown as a range from Pope, et al. (2002) to Laden, et al. (2006).
  These models assume that all fine particles, regardless of their
  chemical composition, are equally potent in causing premature
  mortality because the scientific evidence is not yet sufficient to
  allow differentiation of effects estimates by particle type.
\c\ The engineering compliance costs are annualized using a 7-percent
  discount rate.

    For more information on the cost-benefit analysis, please refer to 
the RIA for these final amendments, which is available in the docket 
for this rulemaking.

[[Page 6693]]

B. Paperwork Reduction Act

    The information collection requirements in this final rule for 
stationary SI RICE have been submitted for approval to OMB under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The information 
collection requirements are not enforceable until OMB approves them.
    As discussed in this preamble to this final action, there are 
reporting requirements that will begin in 2016. Owners and operators of 
emergency stationary engines that operate or are contractually 
obligated to be available for more than 15 hours per year for emergency 
demand response must document their operation in annual reports to the 
EPA. These reports are necessary to enable EPA or States to identify 
affected facilities that may not be in compliance with the 
requirements. The burden of this reporting requirement is not included 
in the ICR burden estimate because it is after the first 3 years after 
which sources must begin complying with the rule. The reporting burden 
beginning in 2016 would only be included starting with the first ICR 
renewal. The EPA anticipates that in most cases, the entity that 
dispatches the engines to operate, such as the curtailment service 
provider or utility, will report the information to EPA on behalf of 
the facility that owns the engine. Thus, the burden of the reporting 
requirement will likely be on the entities that dispatch the engines. 
The number of entities is uncertain, but the EPA estimates that 
approximately 446 local utilities would engage in the reporting 
requirement. The EPA estimates that each utility would spend 
approximately 16 hours per year reporting the information to the EPA. 
As of June 2012, the total compensation for management/professional 
staff was $51.23 per hour. Adjusting this compensation rate by applying 
an overhead rate of 167 percent yields a total wage rate of $85.60 per 
hour.\21\ This results in an estimated burden of 7,136 hours at a cost 
of $611,000 per year, beginning in the year 2015. For curtailment 
service providers, the EPA estimated the burden of the requirement to 
be 1,000 hours at a cost of $60,000 in the first year of 
implementation, 2015, and 250 hours at a cost of $15,000 in subsequent 
years (using a wage rate of $60 per hour). Using an estimated number of 
70 curtailment service providers nationwide that are operating engines 
for emergency demand response, the burden for curtailment service 
providers would be 70,000 hours at a cost of $4.2 million in the first 
year of implementation, 2015, and 17,500 hours at a cost of $1 million 
in subsequent years. Summing the totals for the cooperatives and 
curtailment service providers yields a total of 77,136 labor hours at a 
cost of $4.8 million in the first year that reporting is required, 
2015, and 24,636 labor hours at a cost of $1.7 million in subsequent 
years.
---------------------------------------------------------------------------

    \21\ http://www.bls.gov/news.release/ecec.t05.htm.
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    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 EPA's 
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is 
approved by OMB, the Agency will publish a technical amendment to 40 
CFR part 9 in the Federal Register to display the OMB control number 
for the approved information collection requirements contained in this 
final rule.
    The OMB has previously approved the information collection 
requirements contained in the 2010 RICE NESHAP final rulemaking, 
including those for stationary CI RICE, under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB 
control number 2060-0548. The OMB control numbers for the EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations 
and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (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. The SBA defines a small business in 
terms of the maximum employment, annual sales, or annual energy-
generating capacity (for electricity generating units--EGUs) of the 
owning entity. As mentioned earlier in this preamble, facilities across 
several industries use affected CI and SI stationary RICE; therefore, a 
number of size standards are utilized in this analysis.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities directly regulated by this final rule are those in the 15 
industries identified in the 6-digit NAICS code represented in this 
analysis; the employment size standard (where it applies) varies from 
500 to 1,000 employees. The annual sales standard (where it applies) is 
as low as 0.75 million dollars and as high as 33.5 million dollars. In 
addition, for the electric power generation industry, which is one of 
the affected industries, the small business size standard is an 
ultimate parent entity defined as having a total electric output of 4 
million megawatt-hours in the previous fiscal year. We have determined 
that the percentage of small entities impacted by this final rule 
having annualized costs of greater than 1 percent of their sales is 
less than 2 percent of all affected small entities according to the 
small entity analysis.
    Although the final reconsideration rule will not have a significant 
economic impact on a substantial number of small entities, the EPA 
nonetheless tried to reduce the impact of this rule on small entities. 
When developing the revised standards, the EPA took special steps to 
ensure that the burdens imposed on small entities were minimal. The EPA 
conducted several meetings with industry trade associations to discuss 
regulatory options and the corresponding burden on industry, such as 
recordkeeping and reporting. In addition, as mentioned earlier in this 
preamble, the EPA is reducing the regulatory requirements for a variety 
of area sources affected under each of the RICE rules with amendments 
to the final RICE rules promulgated in 2010.
    For more information on the small entity impacts associated with 
this rulemaking, please refer to the Economic Impact and Small Business 
Analyses in the public docket. These analyses can be found in the RIA 
for each of the rules affected by this action.

D. Unfunded Mandates Reform Act

    This 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. 
The EPA is finalizing management

[[Page 6694]]

practices for certain existing engines located at area sources and is 
finalizing amendments that will provide owners and operators with 
alternative and less expensive compliance demonstration methods. As a 
result of these changes, the EPA anticipates a substantial reduction in 
the cost burden associated with this rule. Thus, this final rule is not 
subject to the requirements of sections 202 or 205 of UMRA.
    This final rule is also not subject to the requirements of section 
203 of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The changes being 
finalized in this action by the agency will mostly affect stationary 
engine owners and operators and will not affect small governments. 
These final amendments will lead to a reduction in the cost burden.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action primarily affects 
private industry, and does not impose significant economic costs on 
state or local governments. Thus, Executive Order 13132 does not apply 
to this action. In the spirit of Executive Order 13132, and consistent 
with the EPA policy to promote communications between the EPA and state 
and local governments, the EPA specifically solicited comment on the 
proposed action from state and local officials.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). 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. Thus, Executive Order 
13175 does not apply to this action. In the spirit of Executive Order 
13175, and consistent with the EPA policy to promote communications 
between the EPA and tribal governments, the EPA has conducted outreach 
to tribal governments by providing information on the rule during 
National Tribal Air Association/EPA Policy Calls.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying only to those regulatory actions that are based on 
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 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 a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not 
likely to have a significant adverse effect on the supply, distribution 
or use of energy. This action reduces the burden of the rule on owners 
and operators of stationary engines by providing less burdensome 
compliance demonstration methods to owners and operators and greater 
flexibility in the operation of emergency engines. As a result of these 
changes, the EPA anticipates a substantial reduction in the cost burden 
associated with this rule.

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, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the agency decides not to use 
available and applicable voluntary consensus standards.
    This rulemaking involves technical standards. The EPA has decided 
to use EPA Method 25A of 40 CFR part 60, appendix A. While the agency 
identified two voluntary consensus standards as being potentially 
applicable, the EPA has decided not to use them in this rulemaking. The 
two candidate voluntary consensus standards, ISO 14965:2000(E) and EN 
12619 (1999), identified would not be practical due to lack of 
equivalency, documentation, validation data and other important 
technical and policy considerations. The search and review results have 
been documented and are placed in the docket for this final rule.

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 EPA has concluded that it is not feasible to determine whether 
there would be disproportionately high and adverse human health or 
environmental effects on minority, low income or indigenous populations 
from this final rule, as the EPA does not have specific information 
about the location of the stationary RICE affected by this final rule. 
The EPA has taken steps to reduce the impact of the final changes for 
SI engines by limiting the subcategory for remote engines to those that 
are not in populated areas.

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. The 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 a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on April 1, 2013.

[[Page 6695]]

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

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

    Dated: January 14, 2013.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 60.17 is amended by adding paragraph (r) to read as follows:

Sec.  60.17  Incorporations by reference.

* * * * *
    (r) The following material is available from the North American 
Electric Reliability Corporation, 3353 Peachtree Road NE., Suite 600, 
North Tower, Atlanta, GA 30326, http://www.nerc.com, and is available 
at the following Web site: http://www.nerc.com/files/EOP-002-3_1.pdf.
    (1) North American Electric Reliability Corporation, Reliability 
Standards for the Bulk of Electric Systems of North America, 
Reliability Standard EOP-002-3, Capacity and Energy Emergencies, 
updated November 19, 2012, IBR approved for Sec. Sec.  60.4211(f) and 
60.4243(d).
    (2) [Reserved]

Subpart IIII--[Amended]

0
3. Section 60.4207 is amended by revising paragraph (b) to read as 
follows:

Sec.  60.4207  What fuel requirements must I meet if I am an owner or 
operator of a stationary CI internal combustion engine subject to this 
subpart?

* * * * *
    (b) Beginning October 1, 2010, owners and operators of stationary 
CI ICE subject to this subpart with a displacement of less than 30 
liters per cylinder that use diesel fuel must use diesel fuel that 
meets the requirements of 40 CFR 80.510(b) for nonroad diesel fuel, 
except that any existing diesel fuel purchased (or otherwise obtained) 
prior to October 1, 2010, may be used until depleted.
* * * * *

0
4. Section 60.4211 is amended by revising paragraph (f) to read as 
follows:

Sec.  60.4211  What are my compliance requirements if I am an owner or 
operator of a stationary CI internal combustion engine?

* * * * *
    (f) If you own or operate an emergency stationary ICE, you must 
operate the emergency stationary ICE according to the requirements in 
paragraphs (f)(1) through (3) of this section. In order for the engine 
to be considered an emergency stationary ICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations 
for 50 hours per year, as described in paragraphs (f)(1) through (3) of 
this section, is prohibited. If you do not operate the engine according 
to the requirements in paragraphs (f)(1) through (3) of this section, 
the engine will not be considered an emergency engine under this 
subpart and must meet all requirements for non-emergency engines.
    (1) There is no time limit on the use of emergency stationary ICE 
in emergency situations.
    (2) You may operate your emergency stationary ICE for any 
combination of the purposes specified in paragraphs (f)(2)(i) through 
(iii) of this section for a maximum of 100 hours per calendar year. Any 
operation for non-emergency situations as allowed by paragraph (f)(3) 
of this section counts as part of the 100 hours per calendar year 
allowed by this paragraph (f)(2).
    (i) Emergency stationary ICE may be operated for maintenance checks 
and readiness testing, provided that the tests are recommended by 
federal, state or local government, the manufacturer, the vendor, the 
regional transmission organization or equivalent balancing authority 
and transmission operator, or the insurance company associated with the 
engine. The owner or operator may petition the Administrator for 
approval of additional hours to be used for maintenance checks and 
readiness testing, but a petition is not required if the owner or 
operator maintains records indicating that federal, state, or local 
standards require maintenance and testing of emergency ICE beyond 100 
hours per calendar year.
    (ii) Emergency stationary ICE may be operated for emergency demand 
response for periods in which the Reliability Coordinator under the 
North American Electric Reliability Corporation (NERC) Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by 
reference, see Sec.  60.17), or other authorized entity as determined 
by the Reliability Coordinator, has declared an Energy Emergency Alert 
Level 2 as defined in the NERC Reliability Standard EOP-002-3.
    (iii) Emergency stationary ICE may be operated for periods where 
there is a deviation of voltage or frequency of 5 percent or greater 
below standard voltage or frequency.
    (3) Emergency stationary ICE may be operated for up to 50 hours per 
calendar year in non-emergency situations. The 50 hours of operation in 
non-emergency situations are counted as part of the 100 hours per 
calendar year for maintenance and testing and emergency demand response 
provided in paragraph (f)(2) of this section. Except as provided in 
paragraph (f)(3)(i) of this section, the 50 hours per calendar year for 
non-emergency situations cannot be used for peak shaving or non-
emergency demand response, or to generate income for a facility to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity.
    (i) The 50 hours per year for non-emergency situations can be used 
to supply power as part of a financial arrangement with another entity 
if all of the following conditions are met:
    (A) The engine is dispatched by the local balancing authority or 
local transmission and distribution system operator;
    (B) The dispatch is intended to mitigate local transmission and/or 
distribution limitations so as to avert potential voltage collapse or 
line overloads that could lead to the interruption of power supply in a 
local area or region.
    (C) The dispatch follows reliability, emergency operation or 
similar protocols that follow specific NERC, regional, state, public 
utility commission or local standards or guidelines.
    (D) The power is provided only to the facility itself or to support 
the local transmission and distribution system.
    (E) The owner or operator identifies and records the entity that 
dispatches the engine and the specific NERC, regional, state, public 
utility commission or local standards or guidelines that are being 
followed for dispatching the engine. The local balancing authority or 
local

[[Page 6696]]

transmission and distribution system operator may keep these records on 
behalf of the engine owner or operator.
    (ii) [Reserved]
* * * * *

0
5. Section 60.4214 is amended by adding paragraph (d) to 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?

* * * * *
    (d) If you own or operate an emergency stationary CI ICE with a 
maximum engine power more than 100 HP that operates or is contractually 
obligated to be available for more than 15 hours per calendar year for 
the purposes specified in Sec.  60.4211(f)(2)(ii) and (iii) or that 
operates for the purposes specified in Sec.  60.4211(f)(3)(i), you must 
submit an annual report according to the requirements in paragraphs 
(d)(1) through (3) of this section.
    (1) The report must contain the following information:
    (i) Company name and address where the engine is located.
    (ii) Date of the report and beginning and ending dates of the 
reporting period.
    (iii) Engine site rating and model year.
    (iv) Latitude and longitude of the engine in decimal degrees 
reported to the fifth decimal place.
    (v) Hours operated for the purposes specified in Sec.  
60.4211(f)(2)(ii) and (iii), including the date, start time, and end 
time for engine operation for the purposes specified in Sec.  
60.4211(f)(2)(ii) and (iii).
    (vi) Number of hours the engine is contractually obligated to be 
available for the purposes specified in Sec.  60.4211(f)(2)(ii) and 
(iii).
    (vii) Hours spent for operation for the purposes specified in Sec.  
60.4211(f)(3)(i), including the date, start time, and end time for 
engine operation for the purposes specified in Sec.  60.4211(f)(3)(i). 
The report must also identify the entity that dispatched the engine and 
the situation that necessitated the dispatch of the engine.
    (2) The first annual report must cover the calendar year 2015 and 
must be submitted no later than March 31, 2016. Subsequent annual 
reports for each calendar year must be submitted no later than March 31 
of the following calendar year.
    (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) (www.epa.gov/cdx). 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.

0
6. Section 60.4219 is amended by revising the definition of ``Emergency 
stationary internal combustion engine'' to read as follows:

Sec.  60.4219  What definitions apply to this subpart?

* * * * *
    Emergency stationary internal combustion engine means any 
stationary reciprocating internal combustion engine that meets all of 
the criteria in paragraphs (1) through (3) of this definition. All 
emergency stationary ICE must comply with the requirements specified in 
Sec.  60.4211(f) in order to be considered emergency stationary ICE. If 
the engine does not comply with the requirements specified in Sec.  
60.4211(f), then it is not considered to be an emergency stationary ICE 
under this subpart.
    (1) The stationary ICE is operated to provide electrical power or 
mechanical work during an emergency situation. Examples include 
stationary ICE used to produce power for critical networks or equipment 
(including power supplied to portions of a facility) when electric 
power from the local utility (or the normal power source, if the 
facility runs on its own power production) is interrupted, or 
stationary ICE used to pump water in the case of fire or flood, etc.
    (2) The stationary ICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec.  60.4211(f).
    (3) The stationary ICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec.  60.4211(f)(2)(ii) or (iii) and 
Sec.  60.4211(f)(3)(i).
* * * * *

Subpart JJJJ--[Amended]

0
7. Section 60.4231 is amended by revising paragraphs (b) through (d) to 
read as follows:

Sec.  60.4231  What emission standards must I meet if I am a 
manufacturer of stationary SI internal combustion engines or equipment 
containing such engines?

* * * * *
    (b) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) (except emergency stationary ICE with a maximum 
engine power greater than 25 HP and less than 130 HP) that use gasoline 
and that are manufactured on or after the applicable date in Sec.  
60.4230(a)(2), or manufactured on or after the applicable date in Sec.  
60.4230(a)(4) for emergency stationary ICE with a maximum engine power 
greater than or equal to 130 HP, to the certification emission 
standards and other requirements for new nonroad SI engines in 40 CFR 
part 1048. Stationary SI internal combustion engine manufacturers must 
certify their emergency stationary SI ICE with a maximum engine power 
greater than 25 HP and less than 130 HP that use gasoline and that are 
manufactured on or after the applicable date in Sec.  60.4230(a)(4) to 
the Phase 1 emission standards in 40 CFR 90.103, applicable to class II 
engines, and other requirements for new nonroad SI engines in 40 CFR 
part 90. Stationary SI internal combustion engine manufacturers may 
certify their stationary SI ICE with a maximum engine power less than 
or equal to 30 KW (40 HP) with a total displacement less than or equal 
to 1,000 cubic centimeters (cc) that use gasoline to the certification 
emission standards and other requirements for new nonroad SI engines in 
40 CFR part 90 or 1054, as appropriate.
    (c) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) (except emergency stationary ICE with a maximum 
engine power greater than 25 HP and less than 130 HP) that are rich 
burn engines that use LPG and that are manufactured on or after the 
applicable date in Sec.  60.4230(a)(2), or manufactured on or after the 
applicable date in Sec.  60.4230(a)(4) for emergency stationary ICE 
with a maximum engine power greater than or equal to 130 HP, to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 1048. Stationary SI internal combustion 
engine manufacturers must certify their emergency stationary SI ICE 
greater than 25 HP and less than 130 HP that are rich burn engines that 
use LPG and that are manufactured on or after the applicable date in 
Sec.  60.4230(a)(4) to the Phase 1 emission standards in 40 CFR 90.103, 
applicable to class II engines, and other requirements for new nonroad 
SI engines in 40 CFR part 90. Stationary SI internal combustion engine 
manufacturers may certify their stationary SI ICE with a maximum

[[Page 6697]]

engine power less than or equal to 30 KW (40 HP) with a total 
displacement less than or equal to 1,000 cc that are rich burn engines 
that use LPG to the certification emission standards and other 
requirements for new nonroad SI engines in 40 CFR part 90 or 1054, as 
appropriate.
    (d) Stationary SI internal combustion engine manufacturers who 
choose to certify their stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) and less than 75 KW (100 HP) (except 
gasoline and rich burn engines that use LPG and emergency stationary 
ICE with a maximum engine power greater than 25 HP and less than 130 
HP) under the voluntary manufacturer certification program described in 
this subpart must certify those engines to the certification emission 
standards for new nonroad SI engines in 40 CFR part 1048. Stationary SI 
internal combustion engine manufacturers who choose to certify their 
emergency stationary SI ICE greater than 25 HP and less than 130 HP 
(except gasoline and rich burn engines that use LPG), must certify 
those engines to the Phase 1 emission standards in 40 CFR 90.103, 
applicable to class II engines, for new nonroad SI engines in 40 CFR 
part 90. Stationary SI internal combustion engine manufacturers may 
certify their stationary SI ICE with a maximum engine power less than 
or equal to 30 KW (40 HP) with a total displacement less than or equal 
to 1,000 cc (except gasoline and rich burn engines that use LPG) to the 
certification emission standards for new nonroad SI engines in 40 CFR 
part 90 or 1054, as appropriate. For stationary SI ICE with a maximum 
engine power greater than 19 KW (25 HP) and less than 75 KW (100 HP) 
(except gasoline and rich burn engines that use LPG and emergency 
stationary ICE with a maximum engine power greater than 25 HP and less 
than 130 HP) manufactured prior to January 1, 2011, manufacturers may 
choose to certify these engines to the standards in Table 1 to this 
subpart applicable to engines with a maximum engine power greater than 
or equal to 100 HP and less than 500 HP.
* * * * *

0
8. Section 60.4243 is amended by revising paragraph (d) to read as 
follows:

Sec.  60.4243  What are my compliance requirements if I am an owner or 
operator of a stationary SI internal combustion engine?

* * * * *
    (d) If you own or operate an emergency stationary ICE, you must 
operate the emergency stationary ICE according to the requirements in 
paragraphs (d)(1) through (3) of this section. In order for the engine 
to be considered an emergency stationary ICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations 
for 50 hours per year, as described in paragraphs (d)(1) through (3) of 
this section, is prohibited. If you do not operate the engine according 
to the requirements in paragraphs (d)(1) through (3) of this section, 
the engine will not be considered an emergency engine under this 
subpart and must meet all requirements for non-emergency engines.
    (1) There is no time limit on the use of emergency stationary ICE 
in emergency situations.
    (2) You may operate your emergency stationary ICE for any 
combination of the purposes specified in paragraphs (d)(2)(i) through 
(iii) of this section for a maximum of 100 hours per calendar year. Any 
operation for non-emergency situations as allowed by paragraph (d)(3) 
of this section counts as part of the 100 hours per calendar year 
allowed by this paragraph (d)(2).
    (i) Emergency stationary ICE may be operated for maintenance checks 
and readiness testing, provided that the tests are recommended by 
federal, state or local government, the manufacturer, the vendor, the 
regional transmission organization or equivalent balancing authority 
and transmission operator, or the insurance company associated with the 
engine. The owner or operator may petition the Administrator for 
approval of additional hours to be used for maintenance checks and 
readiness testing, but a petition is not required if the owner or 
operator maintains records indicating that federal, state, or local 
standards require maintenance and testing of emergency ICE beyond 100 
hours per calendar year.
    (ii) Emergency stationary ICE may be operated for emergency demand 
response for periods in which the Reliability Coordinator under the 
North American Electric Reliability Corporation (NERC) Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by 
reference, see Sec.  60.17), or other authorized entity as determined 
by the Reliability Coordinator, has declared an Energy Emergency Alert 
Level 2 as defined in the NERC Reliability Standard EOP-002-3.
    (iii) Emergency stationary ICE may be operated for periods where 
there is a deviation of voltage or frequency of 5 percent or greater 
below standard voltage or frequency.
    (3) Emergency stationary ICE may be operated for up to 50 hours per 
calendar year in non-emergency situations. The 50 hours of operation in 
non-emergency situations are counted as part of the 100 hours per 
calendar year for maintenance and testing and emergency demand response 
provided in paragraph (d)(2) of this section. Except as provided in 
paragraph (d)(3)(i) of this section, the 50 hours per year for non-
emergency situations cannot be used for peak shaving or non-emergency 
demand response, or to generate income for a facility to an electric 
grid or otherwise supply power as part of a financial arrangement with 
another entity.
    (i) The 50 hours per year for non-emergency situations can be used 
to supply power as part of a financial arrangement with another entity 
if all of the following conditions are met:
    (A) The engine is dispatched by the local balancing authority or 
local transmission and distribution system operator;
    (B) The dispatch is intended to mitigate local transmission and/or 
distribution limitations so as to avert potential voltage collapse or 
line overloads that could lead to the interruption of power supply in a 
local area or region.
    (C) The dispatch follows reliability, emergency operation or 
similar protocols that follow specific NERC, regional, state, public 
utility commission or local standards or guidelines.
    (D) The power is provided only to the facility itself or to support 
the local transmission and distribution system.
    (E) The owner or operator identifies and records the entity that 
dispatches the engine and the specific NERC, regional, state, public 
utility commission or local standards or guidelines that are being 
followed for dispatching the engine. The local balancing authority or 
local transmission and distribution system operator may keep these 
records on behalf of the engine owner or operator.
    (ii) [Reserved]
* * * * *

0
9. Section 60.4245 is amended by adding paragraph (e) to 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?

* * * * *
    (e) If you own or operate an emergency stationary SI ICE with a 
maximum engine power more than 100 HP that operates or is contractually

[[Page 6698]]

obligated to be available for more than 15 hours per calendar year for 
the purposes specified in Sec.  60.4243(d)(2)(ii) and (iii) or that 
operates for the purposes specified in Sec.  60.4243(d)(3)(i), you must 
submit an annual report according to the requirements in paragraphs 
(e)(1) through (3) of this section.
    (1) The report must contain the following information:
    (i) Company name and address where the engine is located.
    (ii) Date of the report and beginning and ending dates of the 
reporting period.
    (iii) Engine site rating and model year.
    (iv) Latitude and longitude of the engine in decimal degrees 
reported to the fifth decimal place.
    (v) Hours operated for the purposes specified in Sec.  
60.4243(d)(2)(ii) and (iii), including the date, start time, and end 
time for engine operation for the purposes specified in Sec.  
60.4243(d)(2)(ii) and (iii).
    (vi) Number of hours the engine is contractually obligated to be 
available for the purposes specified in Sec.  60.4243(d)(2)(ii) and 
(iii).
    (vii) Hours spent for operation for the purposes specified in Sec.  
60.4243(d)(3)(i), including the date, start time, and end time for 
engine operation for the purposes specified in Sec.  60.4243(d)(3)(i). 
The report must also identify the entity that dispatched the engine and 
the situation that necessitated the dispatch of the engine.
    (2) The first annual report must cover the calendar year 2015 and 
must be submitted no later than March 31, 2016. Subsequent annual 
reports for each calendar year must be submitted no later than March 31 
of the following calendar year.
    (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) (www.epa.gov/cdx). 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.

0
10. Section 60.4248 is amended by revising the definition of 
``Emergency stationary internal combustion engine'' to read as follows:

Sec.  60.4248  What definitions apply to this subpart?

* * * * *
    Emergency stationary internal combustion engine means any 
stationary reciprocating internal combustion engine that meets all of 
the criteria in paragraphs (1) through (3) of this definition. All 
emergency stationary ICE must comply with the requirements specified in 
Sec.  60.4243(d) in order to be considered emergency stationary ICE. If 
the engine does not comply with the requirements specified in Sec.  
60.4243(d), then it is not considered to be an emergency stationary ICE 
under this subpart.
    (1) The stationary ICE is operated to provide electrical power or 
mechanical work during an emergency situation. Examples include 
stationary ICE used to produce power for critical networks or equipment 
(including power supplied to portions of a facility) when electric 
power from the local utility (or the normal power source, if the 
facility runs on its own power production) is interrupted, or 
stationary ICE used to pump water in the case of fire or flood, etc.
    (2) The stationary ICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec.  60.4243(d).
    (3) The stationary ICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec.  60.4243(d)(2)(ii) or (iii) and 
Sec.  60.4243(d)(3)(i).
* * * * *

0
11. Table 2 to Subpart JJJJ of part 60 is revised to read as follows:
    As stated in Sec.  60.4244, you must comply with the following 
requirements for performance tests within 10 percent of 100 percent 
peak (or the highest achievable) load:

                     Table 2 to Subpart JJJJ of Part 60--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                                                                               According to the
            For each              Complying with the       You must              Using             following
                                     requirement to                                              requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary SI internal         a. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
 combustion engine demonstrating   concentration of    sampling port       of 40 CFR part      control device,
 compliance according to Sec.      NOX in the          location and the    60, Appendix A or   the sampling site
 60.4244.                          stationary SI       number of           ASTM Method D6522-  must be located
                                   internal            traverse points;    00 (Reapproved      at the outlet of
                                   combustion engine                       2005).a e           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B \b\ of 40     to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A or       must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (Reapproved      the measurements
                                                       sampling port       2005). a e          for NOX
                                                       location;                               concentration.
                                                      iii. If necessary,  (3) Method 2 or 19
                                                       determine the       of 40 CFR part
                                                       exhaust flowrate    60, appendix A.
                                                       of the stationary
                                                       internal
                                                       combustion engine
                                                       exhaust;
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurementfor
                                                       exhaust at the      ASTM D 6348-03.     NOX
                                                       sampling port       \e\                 concentration.
                                                       location; and

[[Page 6699]]

 
                                                      v. Measure NOX at   (5) Method 7E of    (d) Results of
                                                       the exhaust of      40 CFR part 60,     this test consist
                                                       the stationary      appendix A,         of the average of
                                                       internal            Method D6522-00     the three 1-hour
                                                       combustion          (Reapproved 2005)   or longer runs.
                                                       engine.             a e, Method 320
                                                                           of 40 CFR part
                                                                           63, appendix A,
                                                                           or ASTM D 6348-
                                                                           03. \e\
                                  b. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   CO in the           location and the    60, appendix A or   the sampling site
                                   stationary SI       number of           ASTM Method D6522-  must be located
                                   internal            traverse points;    00 (Reapproved      at the outlet of
                                   combustion engine                       2005). a e          the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B \b\ of 40     to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A or       must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (Reapproved      the measurements
                                                       sampling port       2005). a e          for CO
                                                       location;                               concentration.
                                                      iii. If necessary,  (3) Method 2 or 19
                                                       determine the       of 40 CFR part
                                                       exhaust flowrate    60, appendix A.
                                                       of the stationary
                                                       internal
                                                       combustion engine
                                                       exhaust;
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurement for
                                                       exhaust at the      ASTM D 6348-03.     CO concentration.
                                                       sampling port       \e\
                                                       location; and
                                                      v. Measure CO at    (5) Method 10 of    (d) Results of
                                                       the exhaust of      40 CFR part 60,     this test consist
                                                       the stationary      appendix A, ASTM    of the average of
                                                       internal            Method D6522-00     the three 1-hour
                                                       combustion          (Reapproved 2005)   or longer runs.
                                                       engine.             a e, Method 320
                                                                           of 40 CFR part
                                                                           63, appendix A,
                                                                           or ASTM D 6348-
                                                                           03. \e\
                                  c. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   VOC in the          location and the    60, appendix A.     the sampling site
                                   stationary SI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust                                                     device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B \b\ of 40     to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A or       must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (Reapproved      the measurements
                                                       sampling port       2005). a e          for VOC
                                                       location;                               concentration.
                                                      iii. If necessary,  (3) Method 2 or 19
                                                       determine the       of 40 CFR part
                                                       exhaust flowrate    60, appendix A.
                                                       of the stationary
                                                       internal
                                                       combustion engine
                                                       exhaust;
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurementfor
                                                       exhaust at the      ASTM D 6348-03.     VOC
                                                       sampling port       \e\                 concentration.
                                                       location; and

[[Page 6700]]

 
                                                      v. Measure VOC at   (5) Methods 25A     (d) Results of
                                                       the exhaust of      and 18 of 40 CFR    this test consist
                                                       the stationary      part 60, appendix   of the average of
                                                       internal            A, Method 25A       the three 1-hour
                                                       combustion          with the use of a   or longer runs.
                                                       engine.             methane cutter as
                                                                           described in 40
                                                                           CFR 1065.265,
                                                                           Method 18 of 40
                                                                           CFR part 60,
                                                                           appendix A, c d
                                                                           Method 320 of 40
                                                                           CFR part 63,
                                                                           appendix A, or
                                                                           ASTM D 6348-03.
                                                                           \e\
----------------------------------------------------------------------------------------------------------------
\a\ You may petition the Administrator for approval to use alternative methods for portable analyzer.
\b\ You may use ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, for measuring the O2 content of the exhaust
  gas as an alternative to EPA Method 3B.
\c\ You may use EPA Method 18 of 40 CFR part 60, appendix, provided that you conduct an adequate presurvey test
  prior to the emissions test, such as the one described in OTM 11 on EPA's Web site (http://www.epa.gov/ttn/emc/prelim/otm11.pdf).
\d\ You may use ASTM D6420-99 (2004), Test Method for Determination of Gaseous Organic Compounds by Direct
  Interface Gas Chromatography/Mass Spectrometry as an alternative to EPA Method 18 for measuring total
  nonmethane organic.
\e\ Incorporated by reference, see 40 CFR 60.17.

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

0
13. Section 63.14 is amended by:
0
a. Revising paragraphs (b)(28) and (b)(54);
0
b. Adding paragraph (d)(10);
0
c. Revising paragraph (i)(1); and
0
d. Adding paragraph (s) to read as follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (b) * * *
    (28) ASTM D6420-99 (Reapproved 2004), Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry (Approved October 1, 2004), IBR 
approved for Sec. Sec.  60.485(g), 60.485a(g), 63.457(b), 63.772(a) and 
(e), 63.1282(a) and (d), 63.2351(b), 63.2354(b) and table 8 to subpart 
HHHHHHH of this part.
* * * * *
    (54) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, approved 2003, IBR approved for 
Sec. Sec.  63.457, 63.1349, table 4 to subpart DDDD of this part, table 
4 to subpart ZZZZ of this part, and table 8 to subpart HHHHHHH of this 
part.
* * * * *
    (d) * * *
    (10) Alaska Statute, Title 42--Public Utilities And Carriers And 
Energy Programs, Chapter 45--Rural and Statewide Energy Programs, 
Article 1, Power Assistance Programs, Sec. 42.45.045. Renewable energy 
grant fund and recommendation program, effective May 3, 2012, available 
at http://www.legis.state.ak.us/basis/folio.asp, IBR approved for Sec.  
63.6675.
* * * * *
    (i) * * *
    (1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [part 
10, Instruments and Apparatus], issued August 31, 1981, IBR approved 
for Sec. Sec.  63.309(k), 63.457(k), 63.772(e) and (h), 63.865(b), 
63.1282(d) and (g), 63.3166(a), 63.3360(e), 63.3545(a), 63.3555(a), 
63.4166(a), 63.4362(a), 63.4766(a), 63.4965(a), 63.5160(d), 63.9307(c), 
63.9323(a), 63.11148(e), 63.11155(e), 63.11162(f), 63.11163(g), 
63.11410(j), 63.11551(a), 63.11646(a), 63.11945, table 5 to subpart 
DDDDD of this part, table 4 to subpart JJJJJ of this part, table 5 to 
subpart UUUUU of this part, and table 1 to subpart ZZZZZ of this part.
* * * * *
    (s) The following material is available from the North American 
Electric Reliability Corporation, 3353 Peachtree Road NE., Suite 600, 
North Tower, Atlanta, GA 30326, http://www.nerc.com, and is available 
at the following Web site: http://www.nerc.com/files/EOP-002-3_1.pdf.
    (1) North American Electric Reliability Corporation, Reliability 
Standards for the Bulk of Electric Systems of North America, 
Reliability Standard EOP-002-3, Capacity and Energy Emergencies, 
updated November 19, 2012, IBR approved for Sec.  63.6640(f).
    (2) [Reserved]

Subpart ZZZZ--[Amended]

0
14. Section 63.6585 is amended by adding paragraph (f) to read as 
follows:

Sec.  63.6585  Am I subject to this subpart?

* * * * *
    (f) The emergency stationary RICE listed in paragraphs (f)(1) 
through (3) of this section are not subject to this subpart. The 
stationary RICE must meet the definition of an emergency stationary 
RICE in Sec.  63.6675, which includes operating according to the 
provisions specified in Sec.  63.6640(f).
    (1) Existing residential emergency stationary RICE located at an 
area source of HAP emissions that do not operate or are not 
contractually obligated to be available for more than 15 hours per 
calendar year for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii) and that do not operate for the purpose specified in Sec.  
63.6640(f)(4)(ii).
    (2) Existing commercial emergency stationary RICE located at an 
area source of HAP emissions that do not operate or are not 
contractually obligated to be available for more than 15 hours per 
calendar year for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii) and that do not operate for the purpose specified in Sec.  
63.6640(f)(4)(ii).
    (3) Existing institutional emergency stationary RICE located at an 
area source of HAP emissions that do not operate or are not 
contractually obligated to be available for more than 15 hours per 
calendar year for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii) and that do not operate for the purpose specified in Sec.  
63.6640(f)(4)(ii).
0
15. Section 63.6590 is amended by revising paragraphs (b)(1)(i) and 
(b)(3)(iii) and removing paragraphs (b)(3)(vi) through (viii).

[[Page 6701]]

    The revisions read as follows.

Sec.  63.6590  What parts of my plant does this subpart cover?

* * * * *
    (b) * * *
    (1) * * *
    (i) The stationary RICE is a new or reconstructed emergency 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions that does not operate or is not 
contractually obligated to be available for more than 15 hours per 
calendar year for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii).
* * * * *
    (3) * * *
    (iii) Existing emergency stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions that does 
not operate or is not contractually obligated to be available for more 
than 15 hours per calendar year for the purposes specified in Sec.  
63.6640(f)(2)(ii) and (iii).
* * * * *

0
16. Section 63.6595 is amended by revising paragraph (a)(1) to read as 
follows:

Sec.  63.6595  When do I have to comply with this subpart?

    (a) * * *
    (1) If you have an existing stationary RICE, excluding existing 
non-emergency CI stationary RICE, with a site rating of more than 500 
brake HP located at a major source of HAP emissions, you must comply 
with the applicable emission limitations, operating limitations and 
other requirements no later than June 15, 2007. If you have an existing 
non-emergency CI stationary RICE with a site rating of more than 500 
brake HP located at a major source of HAP emissions, an existing 
stationary CI RICE with a site rating of less than or equal to 500 
brake HP located at a major source of HAP emissions, or an existing 
stationary CI RICE located at an area source of HAP emissions, you must 
comply with the applicable emission limitations, operating limitations, 
and other requirements no later than May 3, 2013. If you have an 
existing stationary SI RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions, or an existing 
stationary SI RICE located at an area source of HAP emissions, you must 
comply with the applicable emission limitations, operating limitations, 
and other requirements no later than October 19, 2013.
* * * * *

0
17. Section 63.6602 is revised to read as follows:

Sec.  63.6602  What emission limitations and other requirements must I 
meet if I own or operate an existing stationary RICE with a site rating 
of equal to or less than 500 brake HP located at a major source of HAP 
emissions?

    If you own or operate an existing stationary RICE with a site 
rating of equal to or less than 500 brake HP located at a major source 
of HAP emissions, you must comply with the emission limitations and 
other requirements in Table 2c to this subpart which apply to you. 
Compliance with the numerical emission limitations established in this 
subpart is based on the results of testing the average of three 1-hour 
runs using the testing requirements and procedures in Sec.  63.6620 and 
Table 4 to this subpart.

0
18. Section 63.6603 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraph (a);
0
c. Revising paragraph (b); and
0
d. Adding paragraphs (c) through (f).
    The revisions and addition 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?

* * * * *
    (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 2b to 
this subpart that apply to you.
    (b) If you own or operate an existing stationary non-emergency CI 
RICE with a site rating of more than 300 HP located at an area source 
of HAP that meets either paragraph (b)(1) or (2) of this section, you 
do not have to meet the numerical CO emission limitations specified in 
Table 2d of this subpart. Existing stationary non-emergency CI RICE 
with a site rating of more than 300 HP located at an area source of HAP 
that meet either paragraph (b)(1) or (2) of this section must meet the 
management practices that are shown for stationary non-emergency CI 
RICE with a site rating of less than or equal to 300 HP in Table 2d of 
this subpart.
    (1) The area source is located in an area of Alaska that is not 
accessible by the Federal Aid Highway System (FAHS).
    (2) The stationary RICE is located at an area source that meets 
paragraphs (b)(2)(i), (ii), and (iii) of this section.
    (i) The only connection to the FAHS is through the Alaska Marine 
Highway System (AMHS), or the stationary RICE operation is within an 
isolated grid in Alaska that is not connected to the statewide 
electrical grid referred to as the Alaska Railbelt Grid.
    (ii) At least 10 percent of the power generated by the stationary 
RICE on an annual basis is used for residential purposes.
    (iii) The generating capacity of the area source is less than 12 
megawatts, or the stationary RICE is used exclusively for backup power 
for renewable energy.
    (c) If you own or operate an 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 (OCS) source as defined in 40 CFR 55.2, you 
do not have to meet the numerical CO emission limitations specified in 
Table 2d of this subpart. You must meet all of the following management 
practices:
    (1) Change oil every 1,000 hours of operation or annually, 
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 
annually, whichever comes first, and replace as necessary.
    (3) Inspect fuel filters and belts, if installed, every 750 hours 
of operation or annually, whichever comes first, and replace as 
necessary.
    (4) Inspect all flexible hoses every 1,000 hours of operation or 
annually, whichever comes first, and replace as necessary.
    (d) If you own or operate an existing non-emergency CI RICE with a 
site rating of more than 300 HP located at an area source of HAP 
emissions that is certified to the Tier 1 or Tier 2 emission standards 
in Table 1 of 40 CFR 89.112 and that is subject to an enforceable state 
or local standard that requires the engine to be replaced no later than 
June 1, 2018, you may until January 1, 2015, or 12 years after the 
installation date of the engine (whichever is later), but not later 
than June 1, 2018, choose to comply with the management practices that 
are shown for stationary non-emergency CI RICE with a site rating of 
less than or equal to 300 HP in Table 2d of this subpart instead of the 
applicable emission limitations in Table 2d, operating limitations in 
Table 2b, and crankcase ventilation system requirements in Sec.  
63.6625(g). You must comply with the emission limitations in Table 2d 
and operating limitations in Table 2b that apply for non-emergency CI 
RICE with a site rating of more than 300 HP located at an area source 
of HAP emissions by January 1, 2015, or 12 years after the installation 
date of the

[[Page 6702]]

engine (whichever is later), but not later than June 1, 2018. You must 
also comply with the crankcase ventilation system requirements in Sec.  
63.6625(g) by January 1, 2015, or 12 years after the installation date 
of the engine (whichever is later), but not later than June 1, 2018.
    (e) If you own or operate an existing non-emergency CI RICE with a 
site rating of more than 300 HP located at an area source of HAP 
emissions that is certified to the Tier 3 (Tier 2 for engines above 560 
kilowatt (kW)) emission standards in Table 1 of 40 CFR 89.112, you may 
comply with the requirements under this part by meeting the 
requirements for Tier 3 engines (Tier 2 for engines above 560 kW) in 40 
CFR part 60 subpart IIII instead of the emission limitations and other 
requirements that would otherwise apply under this part for existing 
non-emergency CI RICE with a site rating of more than 300 HP located at 
an area source of HAP emissions.
    (f) An existing non-emergency SI 4SLB and 4SRB stationary RICE with 
a site rating of more than 500 HP located at area sources of HAP must 
meet the definition of remote stationary RICE in Sec.  63.6675 on the 
initial compliance date for the engine, October 19, 2013, in order to 
be considered a remote stationary RICE under this subpart. Owners and 
operators of existing non-emergency SI 4SLB and 4SRB stationary RICE 
with a site rating of more than 500 HP located at area sources of HAP 
that meet the definition of remote stationary RICE in Sec.  63.6675 of 
this subpart as of October 19, 2013 must evaluate the status of their 
stationary RICE every 12 months. Owners and operators must keep records 
of the initial and annual evaluation of the status of the engine. If 
the evaluation indicates that the stationary RICE no longer meets the 
definition of remote stationary RICE in Sec.  63.6675 of this subpart, 
the owner or operator must comply with all of the requirements for 
existing non-emergency SI 4SLB and 4SRB stationary RICE with a site 
rating of more than 500 HP located at area sources of HAP that are not 
remote stationary RICE within 1 year of the evaluation.
0
19. Section 63.6604 is revised to read as follows:

Sec.  63.6604  What fuel requirements must I meet if I own or operate a 
stationary CI RICE?

    (a) If you own or operate an existing non-emergency, non-black 
start CI stationary RICE with a site rating of more than 300 brake HP 
with a displacement of less than 30 liters per cylinder that uses 
diesel fuel, you must use diesel fuel that meets the requirements in 40 
CFR 80.510(b) for nonroad diesel fuel.
    (b) Beginning January 1, 2015, if you own or operate an existing 
emergency CI stationary RICE with a site rating of more than 100 brake 
HP and a displacement of less than 30 liters per cylinder that uses 
diesel fuel and operates or is contractually obligated to be available 
for more than 15 hours per calendar year for the purposes specified in 
Sec.  63.6640(f)(2)(ii) and (iii) or that operates for the purpose 
specified in Sec.  63.6640(f)(4)(ii), you must use diesel fuel that 
meets the requirements in 40 CFR 80.510(b) for nonroad diesel fuel, 
except that any existing diesel fuel purchased (or otherwise obtained) 
prior to January 1, 2015, may be used until depleted.
    (c) Beginning January 1, 2015, if you own or operate a new 
emergency CI stationary RICE with a site rating of more than 500 brake 
HP and a displacement of less than 30 liters per cylinder located at a 
major source of HAP that uses diesel fuel and operates or is 
contractually obligated to be available for more than 15 hours per 
calendar year for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii), you must use diesel fuel that meets the requirements in 40 CFR 
80.510(b) for nonroad diesel fuel, except that any existing diesel fuel 
purchased (or otherwise obtained) prior to January 1, 2015, may be used 
until depleted.
    (d) Existing CI stationary RICE located in Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, at area sources in 
areas of Alaska that meet either Sec.  63.6603(b)(1) or Sec.  
63.6603(b)(2), or are on offshore vessels that meet Sec.  63.6603(c) 
are exempt from the requirements of this section.

0
20. Section 63.6605 is amended by revising paragraph (a) to read as 
follows:

Sec.  63.6605  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations, 
operating limitations, and other requirements in this subpart that 
apply to you at all times.
* * * * *
0
21. Section 63.6620 is amended by revising paragraphs (b), (d) and (e) 
to read as follows:

Sec.  63.6620  What performance tests and other procedures must I use?

* * * * *
    (b) Each performance test must be conducted according to the 
requirements that this subpart specifies in Table 4 to this subpart. If 
you own or operate a non-operational stationary RICE that is subject to 
performance testing, you do not need to start up the engine solely to 
conduct the performance test. Owners and operators of a non-operational 
engine can conduct the performance test when the engine is started up 
again. The test must be conducted at any load condition within plus or 
minus 10 percent of 100 percent load for the stationary RICE listed in 
paragraphs (b)(1) through (4) of this section.
    (1) Non-emergency 4SRB stationary RICE with a site rating of 
greater than 500 brake HP located at a major source of HAP emissions.
    (2) New non-emergency 4SLB stationary RICE with a site rating of 
greater than or equal to 250 brake HP located at a major source of HAP 
emissions.
    (3) New non-emergency 2SLB stationary RICE with a site rating of 
greater than 500 brake HP located at a major source of HAP emissions.
    (4) New non-emergency CI stationary RICE with a site rating of 
greater than 500 brake HP located at a major source of HAP emissions.
* * * * *
    (d) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec.  63.7(e)(3). Each 
test run must last at least 1 hour, unless otherwise specified in this 
subpart.
    (e)(1) You must use Equation 1 of this section to determine
    [GRAPHIC] [TIFF OMITTED] TR30JA13.007
    

compliance with the percent reduction requirement:

Where:

Ci = concentration of carbon monoxide (CO), total 
hydrocarbons (THC), or formaldehyde at the control device inlet,
Co = concentration of CO, THC, or formaldehyde at the 
control device outlet, and
R = percent reduction of CO, THC, or formaldehyde emissions.

    (2) You must normalize the CO, THC, or formaldehyde concentrations 
at the inlet and outlet of the control device to a dry basis and to 15 
percent oxygen, or an equivalent percent carbon dioxide 
(CO2). If pollutant concentrations are to be corrected to 15 
percent oxygen and CO2 concentration is measured in lieu of 
oxygen concentration measurement, a CO2 correction factor is 
needed. Calculate the CO2 correction factor as described in 
paragraphs (e)(2)(i) through (iii) of this section.

[[Page 6703]]

    (i) Calculate the fuel-specific Fo value for the fuel 
burned during the test using values obtained from Method 19, Section 
5.2, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR30JA13.008

Where:

Fo = Fuel factor based on the ratio of oxygen volume to 
the ultimate CO2 volume produced by the fuel at zero 
percent excess air.
0.209 = Fraction of air that is oxygen, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross 
calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ 
Btu).
Fc = Ratio of the volume of CO2 produced to 
the gross calorific value of the fuel from Method 19, dsm\3\/J 
(dscf/10\6\ Btu)

    (ii) Calculate the CO2 correction factor for correcting
    [GRAPHIC] [TIFF OMITTED] TR30JA13.009
    

measurement data to 15 percent O2, as follows:

Where:

XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2--15 percent O2, the 
defined O2 correction value, percent.

    (iii) Calculate the CO, THC, and formaldehyde gas concentrations 
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TR30JA13.010

Where:

Cadj = Calculated concentration of CO, THC, or 
formaldehyde adjusted to 15 percent O2.
Cd = Measured concentration of CO, THC, or formaldehyde, 
uncorrected.
XCO2 = CO2 correction factor, percent.
%CO2 = Measured CO2 concentration measured, 
dry basis, percent.

* * * * *

0
22. Section 63.6625 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising the first sentence in paragraph (b) introductory text;
0
c. Revising paragraph (b)(1)(iv);
0
d. Revising paragraph (e)(6),
0
e. Revising paragraph (g),
0
f. Revising paragraph (i); and
0
g. Revising paragraph (j).
    The revisions read as follows:

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

    (a) If you elect to install a CEMS as specified in Table 5 of this 
subpart, you must install, operate, and maintain a CEMS to monitor CO 
and either O2 or CO2 according to the 
requirements in paragraphs (a)(1) through (4) of this section. If you 
are meeting a requirement to reduce CO emissions, the CEMS must be 
installed at both the inlet and outlet of the control device. If you 
are meeting a requirement to limit the concentration of CO, the CEMS 
must be installed at the outlet of the control device.
* * * * *
    (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 (6) of this section. * * *
    (1) * * *
    (iv) Ongoing operation and maintenance procedures in accordance 
with provisions in Sec.  63.8(c)(1)(ii) and (c)(3); and
* * * * *
    (e) * * *
    (6) An existing non-emergency, non-black start stationary RICE 
located at an area source of HAP emissions which combusts landfill or 
digester gas equivalent to 10 percent or more of the gross heat input 
on an annual basis.
* * * * *
    (g) If you own or operate an existing non-emergency, non-black 
start CI engine greater than or equal to 300 HP that is not equipped 
with a closed crankcase ventilation system, you must comply with either 
paragraph (g)(1) or paragraph (2) of this section. Owners and operators 
must follow the manufacturer's specified maintenance requirements for 
operating and maintaining the open or closed crankcase ventilation 
systems and replacing the crankcase filters, or can request the 
Administrator to approve different maintenance requirements that are as 
protective as manufacturer requirements. Existing CI engines located at 
area sources in areas of Alaska that meet either Sec.  63.6603(b)(1) or 
Sec.  63.6603(b)(2) do not have to meet the requirements of this 
paragraph (g). Existing CI engines located on offshore vessels that 
meet Sec.  63.6603(c) do not have to meet the requirements of this 
paragraph (g).
    (1) Install a closed crankcase ventilation system that prevents 
crankcase emissions from being emitted to the atmosphere, or
    (2) Install an open crankcase filtration emission control system 
that reduces emissions from the crankcase by filtering the exhaust 
stream to remove oil mist, particulates and metals.
* * * * *
    (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 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 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. If any 
of the limits are exceeded, the engine owner or operator must change 
the oil 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 
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 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, 9, or 11 of Table 2d to 
this subpart, you have the option of utilizing an oil analysis program 
in order to extend the specified oil 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 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

[[Page 6704]]

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. If any of the limits are exceeded, the engine owner 
or operator must change the oil 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 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 changes for the engine. The analysis program must 
be part of the maintenance plan for the engine.

0
23. Section 63.6630 is amended by revising the section heading and 
paragraph (a) and adding paragraphs (d) and (e) to read as follows:

Sec.  63.6630  How do I demonstrate initial compliance with the 
emission limitations, operating limitations, and other requirements?

    (a) You must demonstrate initial compliance with each emission 
limitation, operating limitation, and other requirement that applies to 
you according to Table 5 of this subpart.
* * * * *
    (d) Non-emergency 4SRB stationary RICE complying with the 
requirement to reduce formaldehyde emissions by 76 percent or more can 
demonstrate initial compliance with the formaldehyde emission limit by 
testing for THC instead of formaldehyde. The testing must be conducted 
according to the requirements in Table 4 of this subpart. The average 
reduction of emissions of THC determined from the performance test must 
be equal to or greater than 30 percent.
    (e) The initial compliance demonstration required for existing non-
emergency 4SLB and 4SRB stationary RICE with a site rating of more than 
500 HP located at an area source of HAP that are not remote stationary 
RICE and that are operated more than 24 hours per calendar year must be 
conducted according to the following requirements:
    (1) The compliance demonstration must consist of at least three 
test runs.
    (2) Each test run must be of at least 15 minute duration, except 
that each test conducted using the method in appendix A to this subpart 
must consist of at least one measurement cycle and include at least 2 
minutes of test data phase measurement.
    (3) If you are demonstrating compliance with the CO concentration 
or CO percent reduction requirement, you must measure CO emissions 
using one of the CO measurement methods specified in Table 4 of this 
subpart, or using appendix A to this subpart.
    (4) If you are demonstrating compliance with the THC percent 
reduction requirement, you must measure THC emissions using Method 25A, 
reported as propane, of 40 CFR part 60, appendix A.
    (5) You must measure O2 using one of the O2 
measurement methods specified in Table 4 of this subpart. Measurements 
to determine O2 concentration must be made at the same time 
as the measurements for CO or THC concentration.
    (6) If you are demonstrating compliance with the CO or THC percent 
reduction requirement, you must measure CO or THC emissions and 
O2 emissions simultaneously at the inlet and outlet of the 
control device.

0
24. Section 63.6640 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraph (a);
0
c. Adding paragraph (c); and
0
d. Revising paragraph (f).
    The revisions and addition read as follows:

Sec.  63.6640  How do I demonstrate continuous compliance with the 
emission limitations, operating limitations, and other requirements?

    (a) You must demonstrate continuous compliance with each emission 
limitation, operating limitation, and other requirements in Tables 1a 
and 1b, Tables 2a and 2b, Table 2c, and Table 2d to this subpart that 
apply to you according to methods specified in Table 6 to this subpart.
* * * * *
    (c) The annual compliance demonstration required for existing non-
emergency 4SLB and 4SRB stationary RICE with a site rating of more than 
500 HP located at an area source of HAP that are not remote stationary 
RICE and that are operated more than 24 hours per calendar year must be 
conducted according to the following requirements:
    (1) The compliance demonstration must consist of at least one test 
run.
    (2) Each test run must be of at least 15 minute duration, except 
that each test conducted using the method in appendix A to this subpart 
must consist of at least one measurement cycle and include at least 2 
minutes of test data phase measurement.
    (3) If you are demonstrating compliance with the CO concentration 
or CO percent reduction requirement, you must measure CO emissions 
using one of the CO measurement methods specified in Table 4 of this 
subpart, or using appendix A to this subpart.
    (4) If you are demonstrating compliance with the THC percent 
reduction requirement, you must measure THC emissions using Method 25A, 
reported as propane, of 40 CFR part 60, appendix A.
    (5) You must measure O2 using one of the O2 
measurement methods specified in Table 4 of this subpart. Measurements 
to determine O2 concentration must be made at the same time 
as the measurements for CO or THC concentration.
    (6) If you are demonstrating compliance with the CO or THC percent 
reduction requirement, you must measure CO or THC emissions and 
O2 emissions simultaneously at the inlet and outlet of the 
control device.
    (7) If the results of the annual compliance demonstration show that 
the emissions exceed the levels specified in Table 6 of this subpart, 
the stationary RICE must be shut down as soon as safely possible, and 
appropriate corrective action must be taken (e.g., repairs, catalyst 
cleaning, catalyst replacement). The stationary RICE must be retested 
within 7 days of being restarted and the emissions must meet the levels 
specified in Table 6 of this subpart. If the retest shows that the 
emissions continue to exceed the specified levels, the stationary RICE 
must again be shut down as soon as safely possible, and the stationary 
RICE may not operate, except for purposes of startup and testing, until 
the owner/operator demonstrates through testing that the emissions do 
not exceed the levels specified in Table 6 of this subpart.
* * * * *
    (f) If you own or operate an emergency stationary RICE, you must 
operate the emergency stationary RICE according to the requirements in 
paragraphs (f)(1) through (4) of this section. In order for the engine 
to be considered an emergency stationary RICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations 
for 50 hours per year, as described in paragraphs (f)(1) through (4) of 
this section, is prohibited. If you do not operate the engine according 
to the requirements in paragraphs (f)(1) through (4) of this section, 
the engine will not be considered an emergency engine under this 
subpart and must meet all requirements for non-emergency engines.

[[Page 6705]]

    (1) There is no time limit on the use of emergency stationary RICE 
in emergency situations.
    (2) You may operate your emergency stationary RICE for any 
combination of the purposes specified in paragraphs (f)(2)(i) through 
(iii) of this section for a maximum of 100 hours per calendar year. Any 
operation for non-emergency situations as allowed by paragraphs (f)(3) 
and (4) of this section counts as part of the 100 hours per calendar 
year allowed by this paragraph (f)(2).
    (i) Emergency stationary RICE may be operated for maintenance 
checks and readiness testing, provided that the tests are recommended 
by federal, state or local government, the manufacturer, the vendor, 
the regional transmission organization or equivalent balancing 
authority and transmission operator, or the insurance company 
associated with the engine. The owner or operator may petition the 
Administrator for approval of additional hours to be used for 
maintenance checks and readiness testing, but a petition is not 
required if the owner or operator maintains records indicating that 
federal, state, or local standards require maintenance and testing of 
emergency RICE beyond 100 hours per calendar year.
    (ii) Emergency stationary RICE may be operated for emergency demand 
response for periods in which the Reliability Coordinator under the 
North American Electric Reliability Corporation (NERC) Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by 
reference, see Sec.  63.14), or other authorized entity as determined 
by the Reliability Coordinator, has declared an Energy Emergency Alert 
Level 2 as defined in the NERC Reliability Standard EOP-002-3.
    (iii) Emergency stationary RICE may be operated for periods where 
there is a deviation of voltage or frequency of 5 percent or greater 
below standard voltage or frequency.
    (3) Emergency stationary RICE located at major sources of HAP may 
be operated for up to 50 hours per calendar year in non-emergency 
situations. The 50 hours of operation in non-emergency situations are 
counted as part of the 100 hours per calendar year for maintenance and 
testing and emergency demand response provided in paragraph (f)(2) of 
this section. The 50 hours per year for non-emergency situations cannot 
be used for peak shaving or non-emergency demand response, or to 
generate income for a facility to supply power to an electric grid or 
otherwise supply power as part of a financial arrangement with another 
entity.
    (4) Emergency stationary RICE located at area sources of HAP may be 
operated for up to 50 hours per calendar year in non-emergency 
situations. The 50 hours of operation in non-emergency situations are 
counted as part of the 100 hours per calendar year for maintenance and 
testing and emergency demand response provided in paragraph (f)(2) of 
this section. Except as provided in paragraphs (f)(4)(i) and (ii) of 
this section, the 50 hours per year for non-emergency situations cannot 
be used for peak shaving or non-emergency demand response, or to 
generate income for a facility to an electric grid or otherwise supply 
power as part of a financial arrangement with another entity.
    (i) Prior to May 3, 2014, the 50 hours per year for non-emergency 
situations can be used for peak shaving or non-emergency demand 
response to generate income for a facility, or to otherwise supply 
power as part of a financial arrangement with another entity if the 
engine is operated as part of a peak shaving (load management program) 
with the local distribution system operator and the power is provided 
only to the facility itself or to support the local distribution 
system.
    (ii) The 50 hours per year for non-emergency situations can be used 
to supply power as part of a financial arrangement with another entity 
if all of the following conditions are met:
    (A) The engine is dispatched by the local balancing authority or 
local transmission and distribution system operator.
    (B) The dispatch is intended to mitigate local transmission and/or 
distribution limitations so as to avert potential voltage collapse or 
line overloads that could lead to the interruption of power supply in a 
local area or region.
    (C) The dispatch follows reliability, emergency operation or 
similar protocols that follow specific NERC, regional, state, public 
utility commission or local standards or guidelines.
    (D) The power is provided only to the facility itself or to support 
the local transmission and distribution system.
    (E) The owner or operator identifies and records the entity that 
dispatches the engine and the specific NERC, regional, state, public 
utility commission or local standards or guidelines that are being 
followed for dispatching the engine. The local balancing authority or 
local transmission and distribution system operator may keep these 
records on behalf of the engine owner or operator.
0
25. Section 63.6645 is amended by adding paragraph (i) to read as 
follows:

Sec.  63.6645  What notifications must I submit and when?

* * * * *
    (i) If you own or operate an existing non-emergency CI RICE with a 
site rating of more than 300 HP located at an area source of HAP 
emissions that is certified to the Tier 1 or Tier 2 emission standards 
in Table 1 of 40 CFR 89.112 and subject to an enforceable state or 
local standard requiring engine replacement and you intend to meet 
management practices rather than emission limits, as specified in Sec.  
63.6603(d), you must submit a notification by March 3, 2013, stating 
that you intend to use the provision in Sec.  63.6603(d) and 
identifying the state or local regulation that the engine is subject 
to.

0
26. Section 63.6650 is amended by adding paragraph (h) to read as 
follows:

Sec.  63.6650  What reports must I submit and when?

* * * * *
    (h) If you own or operate an emergency stationary RICE with a site 
rating of more than 100 brake HP that operates or is contractually 
obligated to be available for more than 15 hours per calendar year for 
the purposes specified in Sec.  63.6640(f)(2)(ii) and (iii) or that 
operates for the purpose specified in Sec.  63.6640(f)(4)(ii), you must 
submit an annual report according to the requirements in paragraphs 
(h)(1) through (3) of this section.
    (1) The report must contain the following information:
    (i) Company name and address where the engine is located.
    (ii) Date of the report and beginning and ending dates of the 
reporting period.
    (iii) Engine site rating and model year.
    (iv) Latitude and longitude of the engine in decimal degrees 
reported to the fifth decimal place.
    (v) Hours operated for the purposes specified in Sec.  
63.6640(f)(2)(ii) and (iii), including the date, start time, and end 
time for engine operation for the purposes specified in Sec.  
63.6640(f)(2)(ii) and (iii).
    (vi) Number of hours the engine is contractually obligated to be 
available for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii).
    (vii) Hours spent for operation for the purpose specified in Sec.  
63.6640(f)(4)(ii), including the date, start time, and end time for 
engine operation for the purposes specified in Sec.  63.6640(f)(4)(ii). 
The report must also identify the entity that dispatched the engine and 
the situation that necessitated the dispatch of the engine.

[[Page 6706]]

    (viii) If there were no deviations from the fuel requirements in 
Sec.  63.6604 that apply to the engine (if any), a statement that there 
were no deviations from the fuel requirements during the reporting 
period.
    (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, and cause of deviations, and the corrective action taken.
    (2) The first annual report must cover the calendar year 2015 and 
must be submitted no later than March 31, 2016. Subsequent annual 
reports for each calendar year must be submitted no later than March 31 
of the following calendar year.
    (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) (www.epa.gov/cdx). 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.

0
27. Section 63.6655 is amended by revising paragraph (f) introductory 
text to read as follows:

Sec.  63.6655  What records must I keep?

* * * * *
    (f) If you own or operate any of the stationary RICE in paragraphs 
(f)(1) through (2) of this section, you must keep records of the hours 
of operation of the engine that is recorded through the non-resettable 
hour meter. The owner or operator must document how many hours are 
spent for emergency operation, including what classified the operation 
as emergency and how many hours are spent for non-emergency operation. 
If the engine is used for the purposes specified in Sec.  
63.6640(f)(2)(ii) or (iii) or Sec.  63.6640(f)(4)(ii), the owner or 
operator must keep records of the notification of the emergency 
situation, and the date, start time, and end time of engine operation 
for these purposes.
* * * * *

0
28. Section 63.6675 is amended by:
0
a. Adding in alphabetical order the definition of Alaska Railbelt Grid;
0
b. Adding in alphabetical order the definition of Backup power for 
renewable energy;
0
c. Revising the definition of Emergency stationary RICE; and
0
d. Adding in alphabetical order the definition of Remote stationary 
RICE.
    The additions and revision read as follows.

Sec.  63.6675  What definitions apply to this subpart?

* * * * *
    Alaska Railbelt Grid means the service areas of the six regulated 
public utilities that extend from Fairbanks to Anchorage and the Kenai 
Peninsula. These utilities are Golden Valley Electric Association; 
Chugach Electric Association; Matanuska Electric Association; Homer 
Electric Association; Anchorage Municipal Light & Power; and the City 
of Seward Electric System.
* * * * *
    Backup power for renewable energy means an engine that provides 
backup power to a facility that generates electricity from renewable 
energy resources, as that term is defined in Alaska Statute 
42.45.045(l)(5) (incorporated by reference, see Sec.  63.14).
* * * * *
    Emergency stationary RICE means any stationary reciprocating 
internal combustion engine that meets all of the criteria in paragraphs 
(1) through (3) of this definition. All emergency stationary RICE must 
comply with the requirements specified in Sec.  63.6640(f) in order to 
be considered emergency stationary RICE. If the engine does not comply 
with the requirements specified in Sec.  63.6640(f), then it is not 
considered to be an emergency stationary RICE under this subpart.
    (1) The stationary RICE is operated to provide electrical power or 
mechanical work during an emergency situation. Examples include 
stationary RICE used to produce power for critical networks or 
equipment (including power supplied to portions of a facility) when 
electric power from the local utility (or the normal power source, if 
the facility runs on its own power production) is interrupted, or 
stationary RICE used to pump water in the case of fire or flood, etc.
    (2) The stationary RICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec.  63.6640(f).
    (3) The stationary RICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec.  63.6640(f)(2)(ii) or (iii) and 
Sec.  63.6640(f)(4)(i) or (ii).
* * * * *
    Remote stationary RICE means stationary RICE meeting any of the 
following criteria:
    (1) Stationary RICE located in an offshore area that is beyond the 
line of ordinary low water along that portion of the coast of the 
United States that is in direct contact with the open seas and beyond 
the line marking the seaward limit of inland waters.
    (2) Stationary RICE located on a pipeline segment that meets both 
of the criteria in paragraphs (2)(i) and (ii) of this definition.
    (i) A pipeline segment with 10 or fewer buildings intended for 
human occupancy and no buildings with four or more stories within 220 
yards (200 meters) on either side of the centerline of any continuous 
1-mile (1.6 kilometers) length of pipeline. Each separate dwelling unit 
in a multiple dwelling unit building is counted as a separate building 
intended for human occupancy.
    (ii) The pipeline segment does not lie within 100 yards (91 meters) 
of either a building or a small, well-defined outside area (such as a 
playground, recreation area, outdoor theater, or other place of public 
assembly) that is occupied by 20 or more persons on at least 5 days a 
week for 10 weeks in any 12-month period. The days and weeks need not 
be consecutive. The building or area is considered occupied for a full 
day if it is occupied for any portion of the day.
    (iii) For purposes of this paragraph (2), the term pipeline segment 
means all parts of those physical facilities through which gas moves in 
transportation, including but not limited to pipe, valves, and other 
appurtenance attached to pipe, compressor units, metering stations, 
regulator stations, delivery stations, holders, and fabricated 
assemblies. Stationary RICE located within 50 yards (46 meters) of the 
pipeline segment providing power for equipment on a pipeline segment 
are part of the pipeline segment. Transportation of gas means the 
gathering, transmission, or distribution of gas by pipeline, or the 
storage of gas. A building is intended for human occupancy if its 
primary use is for a purpose involving the presence of humans.
    (3) Stationary RICE that are not located on gas pipelines and that 
have 5 or fewer buildings intended for human occupancy and no buildings 
with four or more stories within a 0.25 mile radius around the engine. 
A building is intended for human occupancy if its primary use is for a 
purpose involving the presence of humans.
* * * * *

0
29. Table 1b to Subpart ZZZZ of Part 63 is revised to read as follows:
    As stated in Sec. Sec.  63.6600, 63.6603, 63.6630 and 63.6640, you 
must comply with the following operating limitations for existing, new 
and reconstructed

[[Page 6707]]

4SRB stationary RICE >500 HP located at a major source of HAP 
emissions:

Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for Existing,
New, and Reconstructed SI 4SRB Stationary RICE 500 HP Located
                   at a Major Source of HAP Emissions
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                operating limitation, except
                                         during periods of startup . . .
------------------------------------------------------------------------
1. existing, new and reconstructed 4SRB  a. maintain your catalyst so
 stationary RICE >500 HP located at a     that the pressure drop across
 major source of HAP emissions            the catalyst does not change
 complying with the requirement to        by more than 2 inches of water
 reduce formaldehyde emissions by 76      at 100 percent load plus or
 percent or more (or by 75 percent or     minus 10 percent from the
 more, if applicable) and using NSCR;     pressure drop across the
 or                                       catalyst measured during the
existing, new and reconstructed 4SRB      initial performance test; and
 stationary RICE >500 HP located at a    b. maintain the temperature of
 major source of HAP emissions            your stationary RICE exhaust
 complying with the requirement to        so that the catalyst inlet
 limit the concentration of               temperature is greater than or
 formaldehyde in the stationary RICE      equal to 750 [deg]F and less
 exhaust to 350 ppbvd or less at 15       than or equal to 1250
 percent O2 and using NSCR;.              [deg]F.\1\
2. existing, new and reconstructed 4SRB  Comply with any operating
 stationary RICE >500 HP located at a     limitations approved by the
 major source of HAP emissions            Administrator.
 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
existing, new and reconstructed 4SRB
 stationary RICE >500 HP located at a
 major source of HAP emissions
 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.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.8(f) for a different temperature range.

0
30. Table 2b to Subpart ZZZZ of Part 63 is revised to read as follows:
    As stated in Sec. Sec.  63.6600, 63.6601, 63.6603, 63.6630, and 
63.6640, you must comply with the following operating limitations for 
new and reconstructed 2SLB and CI 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; and existing 
CI stationary RICE >500 HP:

 Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New and
Reconstructed 2SLB and CI 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 CI Stationary RICE 500 HP
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                operating limitation, except
                                         during periods of startup . . .
------------------------------------------------------------------------
1. New and reconstructed 2SLB and CI     a. maintain your catalyst so
 stationary RICE >500 HP located at a     that the pressure drop across
 major source of HAP emissions and new    the catalyst does not change
 and reconstructed 4SLB stationary RICE   by more than 2 inches of water
 >=250 HP located at a major source of    at 100 percent load plus or
 HAP emissions complying with the         minus 10 percent from the
 requirement to reduce CO emissions and   pressure drop across the
 using an oxidation catalyst; and         catalyst that was measured
New and reconstructed 2SLB and CI         during the initial performance
 stationary RICE >500 HP located at a     test; and
 major source of HAP emissions and new   b. maintain the temperature of
 and reconstructed 4SLB stationary RICE   your stationary RICE exhaust
 >=250 HP located at a major source of    so that the catalyst inlet
 HAP emissions complying with the         temperature is greater than or
 requirement to limit the concentration   equal to 450 [deg]F and less
 of formaldehyde in the stationary RICE   than or equal to 1350
 exhaust and using an oxidation           [deg]F.\1\
 catalyst..
2. Existing CI stationary RICE >500 HP   a. maintain your catalyst so
 complying with the requirement to        that the pressure drop across
 limit or reduce the concentration of     the catalyst does not change
 CO in the stationary RICE exhaust and    by more than 2 inches of water
 using an oxidation catalyst.             from the pressure drop across
                                          the catalyst that was 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 450 [deg]F and less
                                          than or equal to 1350
                                          [deg]F.\1\
3. New and reconstructed 2SLB and CI     Comply with any operating
 stationary RICE >500 HP located at a     limitations approved by the
 major source of HAP emissions and new    Administrator.
 and reconstructed 4SLB stationary RICE
 >=250 HP located at a major source of
 HAP emissions complying with the
 requirement to reduce CO emissions and
 not using an oxidation catalyst; and
New and reconstructed 2SLB and CI
 stationary RICE >500 HP located at a
 major source of HAP emissions and new
 and reconstructed 4SLB stationary RICE
 >=250 HP located at a major source of
 HAP emissions complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst; and

[[Page 6708]]

 
existing CI stationary RICE >500 HP
 complying with the requirement to
 limit or reduce the concentration of
 CO in the stationary RICE exhaust and
 not using an oxidation catalyst.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.8(f) for a different temperature range.

0
31. Table 2c to Subpart ZZZZ of Part 63 is revised to read as follows:
    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 HP500 HP.                      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    a. Change oil and
 RICE and black start          filter every 500
 stationary SI RICE.\1\        hours of operation
                               or annually,
                               whichever comes
                               first;\2\
                              b. Inspect spark
                               plugs every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary;.
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.\3\.
7. Non-Emergency, non-black   a. Change oil and
 start stationary SI RICE      filter every 1,440
 500 HP.                      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    a. Change oil and
 RICE and black start          filter every 500
 stationary CI RICE.\2\        hours of operation
                               or annually,
                               whichever comes
                               first;\1\
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and

[[Page 6710]]

 
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.
5. Emergency stationary SI    a. Change oil and
 RICE; black start             filter every 500
 stationary SI RICE; non-      hours of operation
 emergency, non-black start    or annually,
 4SLB stationary RICE >500     whichever comes
 HP that operate 24 hours or   first;\1\;
 less per calendar year; non- b. Inspect spark
 emergency, non-black start    plugs every 1,000
 4SRB stationary RICE >500     hours of operation
 HP that operate 24 hours or   or annually,
 less per calendar year.\2\    whichever comes
                               first, and replace
                               as necessary; and.
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               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 annually,
                               whichever comes
                               first;\1\
                              b. Inspect spark
                               plugs every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and
                              c. Inspect all hoses
                               and belts every
                               4,320 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
7. Non-emergency, non-black   a. Change oil and
 start 4SLB stationary RICE    filter every 1,440
 500 HP.      hours of operation
                               or annually,
                               whichever comes
                               first;\1\
                              b. Inspect spark
                               plugs every 2,160
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and
                              c. Inspect all hoses
                               and belts every
                               2,160 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
9. Non-emergency, non-black   Install an oxidation
 start 4SLB stationary RICE    catalyst to reduce
 >500 HP that are not remote   HAP emissions from
 stationary RICE and that      the stationary
 operate more than 24 hours    RICE.
 per calendar year.
10. Non-emergency, non-black  a. Change oil and
 start 4SRB stationary RICE    filter every 1,440
 500 HP.      hours of operation
                               or annually,
                               whichever comes
                               first;\1\
                              b. Inspect spark
                               plugs every 2,160
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and
                              c. Inspect all hoses
                               and belts every
                               2,160 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
12. Non-emergency, non-black  Install NSCR to
 start 4SRB stationary RICE    reduce HAP
 >500 HP that are not remote   emissions from the
 stationary RICE and that      stationary RICE.
 operate more than 24 hours
 per calendar year.

[[Page 6711]]

 
13. Non-emergency, non-black  a. Change oil and
 start stationary RICE which   filter every 1,440
 combusts landfill or          hours of operation
 digester gas equivalent to    or annually,
 10 percent or more of the     whichever comes
 gross heat input on an        first;\1\
 annual basis.                b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and.
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, 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.

0
33. Table 3 to Subpart ZZZZ of Part 63 is revised to read as follows:
    As stated in Sec. Sec.  63.6615 and 63.6620, you must comply with 
the following subsequent performance test requirements:

    Table 3 to Subpart ZZZZ of Part 63--Subsequent Performance Tests
------------------------------------------------------------------------
                               Complying with the
       For each . . .         requirement to . . .     You must . . .
------------------------------------------------------------------------
1. New or reconstructed 2SLB  Reduce CO emissions   Conduct subsequent
 stationary RICE >500 HP       and not using a       performance tests
 located at major sources;     CEMS.                 semiannually.\1\
 new or reconstructed 4SLB
 stationary RICE >=250 HP
 located at major sources;
 and new or reconstructed CI
 stationary RICE >500 HP
 located at major sources.
2. 4SRB stationary RICE       Reduce formaldehyde   Conduct subsequent
 >=5,000 HP located at major   emissions.            performance tests
 sources.                                            semiannually.\1\
3. Stationary RICE >500 HP    Limit the             Conduct subsequent
 located at major sources      concentration of      performance tests
 and new or reconstructed      formaldehyde in the   semiannually.\1\
 4SLB stationary RICE          stationary RICE
 250500 HP       using a CEMS.         every 8,760 hours
 that are not limited use                            or 3 years,
 stationary RICE.                                    whichever comes
                                                     first.
5. Existing non-emergency,    Limit or reduce CO    Conduct subsequent
 non-black start CI            emissions and not     performance tests
 stationary RICE >500 HP       using a CEMS.         every 8,760 hours
 that are limited use                                or 5 years,
 stationary RICE.                                    whichever comes
                                                     first.
------------------------------------------------------------------------
\1\ After 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.

0
34. Table 4 to Subpart ZZZZ of Part 63 is revised to read as follows:
    As stated in Sec. Sec.  63.6610, 63.6611, 63.6612, 63.6620, and 
63.6640, you must comply with the following requirements for 
performance tests for stationary RICE:

                     Table 4 to Subpart ZZZZ of Part 63. Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                Complying with                                                According to the
        For each . . .         the requirement     You must . . .          Using . . .            following
                                   to . . .                                                  requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI          a. reduce CO     i. Measure the O2 at  (1) Method 3 or 3A    (a) Measurements to
 stationary RICE.               emissions.       the inlet and         or 3B of 40 CFR       determine O2 must
                                                 outlet of the         part 60, appendix     be made at the same
                                                 control device; and   A, or ASTM Method     time as the
                                                                       D6522-00              measurements for CO
                                                                       (Reapproved 2005).a   concentration.
                                                                       c
                                                ii. Measure the CO    (1) ASTM D6522-00     (a) The CO
                                                 at the inlet and      (Reapproved 2005) a   concentration must
                                                 the outlet of the     b c or Method 10 of   be at 15 percent
                                                 control device.       40 CFR part 60,       O2, dry basis.
                                                                       appendix A.

[[Page 6712]]

 
2. 4SRB stationary RICE......  a. reduce        i. Select the         (1) Method 1 or 1A    (a) sampling sites
                                formaldehyde     sampling port         of 40 CFR part 60,    must be located at
                                emissions.       location and the      appendix A Sec.       the inlet and
                                                 number of traverse    63.7(d)(1)(i).        outlet of the
                                                 points; and                                 control device.
                                                ii. Measure O2 at     (1) Method 3 or 3A    (a) measurements to
                                                 the inlet and         or 3B of 40 CFR       determine O2
                                                 outlet of the         part 60, appendix     concentration must
                                                 control device; and   A, or ASTM Method     be made at the same
                                                                       D6522-00              time as the
                                                                       (Reapproved           measurements for
                                                                       2005).\a\             formaldehyde or THC
                                                                                             concentration.
                                                iii. Measure          (1) Method 4 of 40    (a) measurements to
                                                 moisture content at   CFR part 60,          determine moisture
                                                 the inlet and         appendix A, or Test   content must be
                                                 outlet of the         Method 320 of 40      made at the same
                                                 control device; and   CFR part 63,          time and location
                                                                       appendix A, or ASTM   as the measurements
                                                                       D 6348-03.\a\         for formaldehyde or
                                                                                             THC concentration.
                                                iv. If demonstrating  (1) Method 320 or     (a) formaldehyde
                                                 compliance with the   323 of 40 CFR part    concentration must
                                                 formaldehyde          63, appendix A; or    be at 15 percent
                                                 percent reduction     ASTM D6348-03,\a\     O2, dry basis.
                                                 requirement,          provided in ASTM      Results of this
                                                 measure               D6348-03 Annex A5     test consist of the
                                                 formaldehyde at the   (Analyte Spiking      average of the
                                                 inlet and the         Technique), the       three 1-hour or
                                                 outlet of the         percent R must be     longer runs.
                                                 control device.       greater than or
                                                                       equal to 70 and
                                                                       less than or equal
                                                                       to 130.
                                                v. If demonstrating   (1) Method 25A,       (a) THC
                                                 compliance with the   reported as           concentration must
                                                 THC percent           propane, of 40 CFR    be at 15 percent
                                                 reduction             part 60, appendix A.  O2, dry basis.
                                                 requirement,                                Results of this
                                                 measure THC at the                          test consist of the
                                                 inlet and the                               average of the
                                                 outlet of the                               three 1-hour or
                                                 control device.                             longer runs.
3. Stationary RICE...........  a. limit the     i. Select the         (1) Method 1 or 1A    (a) if using a
                                concentration    sampling port         of 40 CFR part 60,    control device, the
                                of               location and the      appendix A Sec.       sampling site must
                                formaldehyde     number of traverse    63.7(d)(1)(i).        be located at the
                                or CO in the     points; and                                 outlet of the
                                stationary                                                   control device.
                                RICE exhaust.
                                                ii. Determine the O2  (1) Method 3 or 3A    (a) measurements to
                                                 concentration of      or 3B of 40 CFR       determine O2
                                                 the stationary RICE   part 60, appendix     concentration must
                                                 exhaust at the        A, or ASTM Method     be made at the same
                                                 sampling port         D6522-00              time and location
                                                 location; and         (Reapproved           as the measurements
                                                                       2005).\a\             for formaldehyde or
                                                                                             CO concentration.
                                                iii. Measure          (1) Method 4 of 40    (a) measurements to
                                                 moisture content of   CFR part 60,          determine moisture
                                                 the stationary RICE   appendix A, or Test   content must be
                                                 exhaust at the        Method 320 of 40      made at the same
                                                 sampling port         CFR part 63,          time and location
                                                 location; and         appendix A, or ASTM   as the measurements
                                                                       D 6348-03.\a\         for formaldehyde or
                                                                                             CO concentration.
                                                iv. Measure           (1) Method 320 or     (a) Formaldehyde
                                                 formaldehyde at the   323 of 40 CFR part    concentration must
                                                 exhaust of the        63, appendix A; or    be at 15 percent
                                                 stationary RICE; or   ASTM D6348-03,\a\     O2, dry basis.
                                                                       provided in ASTM      Results of this
                                                                       D6348-03 Annex A5     test consist of the
                                                                       (Analyte Spiking      average of the
                                                                       Technique), the       three 1-hour or
                                                                       percent R must be     longer runs.
                                                                       greater than or
                                                                       equal to 70 and
                                                                       less than or equal
                                                                       to 130.
                                                v. measure CO at the  (1) Method 10 of 40   (a) CO concentration
                                                 exhaust of the        CFR part 60,          must be at 15
                                                 stationary RICE.      appendix A, ASTM      percent O2, dry
                                                                       Method D6522-00       basis. Results of
                                                                       (2005),a c Method     this test consist
                                                                       320 of 40 CFR part    of the average of
                                                                       63, appendix A, or    the three 1-hour or
                                                                       ASTM D6348-03.\a\     longer runs.
----------------------------------------------------------------------------------------------------------------
\a\ Incorporated by reference, see 40 CFR 63.14. You may also obtain copies from University Microfilms
  International, 300 North Zeeb Road, Ann Arbor, MI 48106.
\b\ You may also use Method 320 of 40 CFR part 63, appendix A, or ASTM D6348-03.
\c\ ASTM-D6522-00 (2005) may be used to test both CI and SI stationary RICE.

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

[[Page 6713]]

  Table 5 to Subpart ZZZZ of Part 63--Initial Compliance With Emission
       Limitations, Operating Limitations, and Other Requirements
------------------------------------------------------------------------
                                                          You have
       For each . . .          Complying with the   demonstrated initial
                              requirement to . . .   compliance if . . .
------------------------------------------------------------------------
1. New or reconstructed non-  a. Reduce CO          i. The average
 emergency 2SLB stationary     emissions and using   reduction of
 RICE >500 HP located at a     oxidation catalyst,   emissions of CO
 major source of HAP, new or   and using a CPMS.     determined from the
 reconstructed non-emergency                         initial performance
 4SLB stationary RICE >=250                          test achieves the
 HP located at a major                               required CO percent
 source of HAP, non-                                 reduction; and
 emergency stationary CI                            ii. You have
 RICE >500 HP located at a                           installed a CPMS to
 major source of HAP, and                            continuously
 existing non-emergency                              monitor catalyst
 stationary CI RICE >500 HP                          inlet temperature
 located at an area source                           according to the
 of HAP.                                             requirements in
                                                     Sec.   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   a. Limit the          i. The average CO
 CI RICE >500 HP located at    concentration of      concentration
 a major source of HAP, and    CO, using oxidation   determined from the
 existing non-emergency        catalyst, and using   initial performance
 stationary CI RICE >500 HP    a CPMS.               test is less than
 located at an area source                           or equal to the CO
 of HAP.                                             emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
3. New or reconstructed non-  a. Reduce CO          i. The average
 emergency 2SLB stationary     emissions and not     reduction of
 RICE >500 HP located at a     using oxidation       emissions of CO
 major source of HAP, new or   catalyst.             determined from the
 reconstructed non-emergency                         initial performance
 4SLB stationary RICE >=250                          test achieves the
 HP located at a major                               required CO percent
 source of HAP, non-                                 reduction; and
 emergency stationary CI                            ii. You have
 RICE >500 HP located at a                           installed a CPMS to
 major source of HAP, and                            continuously
 existing non-emergency                              monitor operating
 stationary CI RICE >500 HP                          parameters approved
 located at an area source                           by the
 of HAP.                                             Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
4. Non-emergency stationary   a. Limit the          i. The average CO
 CI RICE >500 HP located at    concentration of      concentration
 a major source of HAP, and    CO, and not using     determined from the
 existing non-emergency        oxidation catalyst.   initial performance
 stationary CI RICE >500 HP                          test is less than
 located at an area source                           or equal to the CO
 of HAP.                                             emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
5. New or reconstructed non-  a. Reduce CO          i. You have
 emergency 2SLB stationary     emissions, and        installed a CEMS to
 RICE >500 HP located at a     using a CEMS.         continuously
 major source of HAP, new or                         monitor CO and
 reconstructed non-emergency                         either O2 or CO2 at
 4SLB stationary RICE >=250                          both the inlet and
 HP located at a major                               outlet of the
 source of HAP, non-                                 oxidation catalyst
 emergency stationary CI                             according to the
 RICE >500 HP located at a                           requirements in
 major source of HAP, and                            Sec.   63.6625(a);
 existing non-emergency                              and
 stationary CI RICE >500 HP                         ii. You have
 located at an area source                           conducted a
 of HAP.                                             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
                                                     Sec.   63.6620
                                                     equals or exceeds
                                                     the required
                                                     percent reduction.
                                                     The initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average percent
                                                     reduction achieved
                                                     during the 4-hour
                                                     period.
6. Non-emergency stationary   a. Limit the          i. You have
 CI RICE >500 HP located at    concentration of      installed a CEMS to
 a major source of HAP, and    CO, and using a       continuously
 existing non-emergency        CEMS.                 monitor CO and
 stationary CI RICE >500 HP                          either O2 or CO2 at
 located at an area source                           the outlet of the
 of HAP.                                             oxidation catalyst
                                                     according to the
                                                     requirements in
                                                     Sec.   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

[[Page 6714]]

 
                                                    iii. The average
                                                     concentration of CO
                                                     calculated using
                                                     Sec.   63.6620 is
                                                     less than or equal
                                                     to the CO emission
                                                     limitation. The
                                                     initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average
                                                     concentration
                                                     measured during the
                                                     4-hour period.
7. Non-emergency 4SRB         a. Reduce             i. The average
 stationary RICE >500 HP       formaldehyde          reduction of
 located at a major source     emissions and using   emissions of
 of HAP.                       NSCR.                 formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction,
                                                     or the average
                                                     reduction of
                                                     emissions of THC
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than 30
                                                     percent; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
8. Non-emergency 4SRB         a. Reduce             i. The average
 stationary RICE >500 HP       formaldehyde          reduction of
 located at a major source     emissions and not     emissions of
 of HAP.                       using NSCR.           formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction
                                                     or the average
                                                     reduction of
                                                     emissions of THC
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than 30
                                                     percent; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
9. New or reconstructed non-  a. Limit the          i. The average
 emergency stationary RICE     concentration of      formaldehyde
 >500 HP located at a major    formaldehyde in the   concentration,
 source of HAP, new or         stationary RICE       corrected to 15
 reconstructed non-emergency   exhaust and using     percent O2, dry
 4SLB stationary RICE          oxidation catalyst    basis, from the
 250500 HP                             emission
 located at a major source                           limitation; and
 of HAP.                                            ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
10. New or reconstructed non- a. Limit the          i. The average
 emergency stationary RICE     concentration of      formaldehyde
 >500 HP located at a major    formaldehyde in the   concentration,
 source of HAP, new or         stationary RICE       corrected to 15
 reconstructed non-emergency   exhaust and not       percent O2, dry
 4SLB stationary RICE          using oxidation       basis, from the
 250500 HP                             emission
 located at a major source                           limitation; and
 of HAP.                                            ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
11. Existing non-emergency    a. Reduce CO          i. The average
 stationary RICE               emissions.            reduction of
 100500     oxidation catalyst.   conducted an
 HP located at an area                               initial compliance
 source of HAP that are not                          demonstration as
 remote stationary RICE and                          specified in Sec.
 that are operated more than                         63.6630(e) to show
 24 hours per calendar year.                         that the average
                                                     reduction of
                                                     emissions of CO is
                                                     93 percent or more,
                                                     or the average CO
                                                     concentration is
                                                     less than or equal
                                                     to 47 ppmvd at 15
                                                     percent O2;
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b),
                                                     or you have
                                                     installed equipment
                                                     to automatically
                                                     shut down the
                                                     engine if the
                                                     catalyst inlet
                                                     temperature exceeds
                                                     1350 [deg]F.
14. Existing non-emergency    a. Install NSCR.....  i. You have
 4SRB stationary RICE >500                           conducted an
 HP located at an area                               initial compliance
 source of HAP that are not                          demonstration as
 remote stationary RICE and                          specified in Sec.
 that are operated more than                         63.6630(e) to show
 24 hours per calendar year.                         that the average
                                                     reduction of
                                                     emissions of CO is
                                                     75 percent or more,
                                                     the average CO
                                                     concentration is
                                                     less than or equal
                                                     to 270 ppmvd at 15
                                                     percent O2, or the
                                                     average reduction
                                                     of emissions of THC
                                                     is 30 percent or
                                                     more;
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b),
                                                     or you have
                                                     installed equipment
                                                     to automatically
                                                     shut down the
                                                     engine if the
                                                     catalyst inlet
                                                     temperature exceeds
                                                     1250 [deg]F.
------------------------------------------------------------------------

0
36. Table 6 to Subpart ZZZZ of Part 63 is revised to read as follows:
    As stated in Sec.  63.6640, you must continuously comply with the 
emissions and operating limitations and work or management practices as 
required by the following:

 Table 6 to Subpart ZZZZ of Part 63--Continuous Compliance With Emission
                   Limitations, and Other Requirements
------------------------------------------------------------------------
                                                    You must demonstrate
                               Complying with the        continuous
       For each . . .         requirement to . . .   compliance by . . .
 
------------------------------------------------------------------------
1. New or reconstructed non-  a. Reduce CO          i. Conducting
 emergency 2SLB stationary     emissions and using   semiannual
 RICE >500 HP located at a     an oxidation          performance tests
 major source of HAP, new or   catalyst, and using   for CO to
 reconstructed non-emergency   a CPMS.               demonstrate that
 4SLB stationary RICE >=250                          the required CO
 HP located at a major                               percent reduction
 source of HAP, and new or                           is achieved \a\;
 reconstructed non-emergency                         and
 CI stationary RICE >500 HP                         ii. Collecting the
 located at a major source                           catalyst inlet
 of HAP.                                             temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
2. New or reconstructed non-  a. Reduce CO          i. Conducting
 emergency 2SLB stationary     emissions and not     semiannual
 RICE >500 HP located at a     using an oxidation    performance tests
 major source of HAP, new or   catalyst, and using   for CO to
 reconstructed non-emergency   a CPMS.               demonstrate that
 4SLB stationary RICE >=250                          the required CO
 HP located at a major                               percent reduction
 source of HAP, and new or                           is achieved \a\;
 reconstructed non-emergency                         and
 CI stationary RICE >500 HP                         ii. Collecting the
 located at a major source                           approved operating
 of HAP.                                             parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and

[[Page 6716]]

 
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
3. New or reconstructed non-  a. Reduce CO          i. Collecting the
 emergency 2SLB stationary     emissions or limit    monitoring data
 RICE >500 HP located at a     the concentration     according to Sec.
 major source of HAP, new or   of CO in the          63.6625(a),
 reconstructed non-emergency   stationary RICE       reducing the
 4SLB stationary RICE >=250    exhaust, and using    measurements to 1-
 HP located at a major         a CEMS.               hour averages,
 source of HAP, new or                               calculating the
 reconstructed non-emergency                         percent reduction
 stationary CI RICE >500 HP                          or concentration of
 located at a major source                           CO emissions
 of HAP, and existing non-                           according to Sec.
 emergency stationary CI                             63.6620; and
 RICE >500 HP.                                      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         a. Reduce             i. Collecting the
 stationary RICE >500 HP       formaldehyde          catalyst inlet
 located at a major source     emissions and using   temperature data
 of HAP.                       NSCR.                 according to Sec.
                                                     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
                                                    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         a. Reduce             i. Collecting the
 stationary RICE >500 HP       formaldehyde          approved operating
 located at a major source     emissions and not     parameter (if any)
 of HAP.                       using NSCR.           data according to
                                                     Sec.   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         a. Reduce             Conducting
 stationary RICE with a        formaldehyde          semiannual
 brake HP >=5,000 located at   emissions.            performance tests
 a major source of HAP.                              for formaldehyde to
                                                     demonstrate that
                                                     the required
                                                     formaldehyde
                                                     percent reduction
                                                     is achieved, or to
                                                     demonstrate that
                                                     the average
                                                     reduction of
                                                     emissions of THC
                                                     determined from the
                                                     performance test is
                                                     equal to or greater
                                                     than 30 percent.\a\
7. New or reconstructed non-  a. Limit the          i. Conducting
 emergency stationary RICE     concentration of      semiannual
 >500 HP located at a major    formaldehyde in the   performance tests
 source of HAP and new or      stationary RICE       for formaldehyde to
 reconstructed non-emergency   exhaust and using     demonstrate that
 4SLB stationary RICE          oxidation catalyst    your emissions
 250500 HP located at a major    formaldehyde in the   performance tests
 source of HAP and new or      stationary RICE       for formaldehyde to
 reconstructed non-emergency   exhaust and not       demonstrate that
 4SLB stationary RICE          using oxidation       your emissions
 250500 HP
 located at an area source
 of HAP that operate 24
 hours or less per calendar
 year, and existing non-
 emergency 4SLB and 4SRB
 stationary RICE >500 HP
 located at an area source
 of HAP that are remote
 stationary RICE.
10. Existing stationary CI    a. Reduce CO          i. Conducting
 RICE >500 HP that are not     emissions, or limit   performance tests
 limited use stationary RICE.  the concentration     every 8,760 hours
                               of CO in the          or 3 years,
                               stationary RICE       whichever comes
                               exhaust, and using    first, for CO or
                               oxidation catalyst.   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 Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
11. Existing stationary CI    a. Reduce CO          i. Conducting
 RICE >500 HP that are not     emissions, or limit   performance tests
 limited use stationary RICE.  the concentration     every 8,760 hours
                               of CO in the          or 3 years,
                               stationary RICE       whichever comes
                               exhaust, and not      first, for CO or
                               using oxidation       formaldehyde, as
                               catalyst.             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
                                                     Sec.   63.6625(b);
                                                     and

[[Page 6718]]

 
                                                    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   a. Reduce CO          i. Conducting
 stationary RICE >500 HP.      emissions or limit    performance tests
                               the concentration     every 8,760 hours
                               of CO in the          or 5 years,
                               stationary RICE       whichever comes
                               exhaust, and using    first, for CO or
                               an oxidation          formaldehyde, as
                               catalyst.             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 Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
13. Existing limited use CI   a. Reduce CO          i. Conducting
 stationary RICE >500 HP.      emissions or limit    performance tests
                               the concentration     every 8,760 hours
                               of CO in the          or 5 years,
                               stationary RICE       whichever comes
                               exhaust, and not      first, for CO or
                               using an oxidation    formaldehyde, as
                               catalyst.             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
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
14. Existing non-emergency    a. Install an         i. Conducting annual
 4SLB stationary RICE >500     oxidation catalyst.   compliance
 HP located at an area                               demonstrations as
 source of HAP that are not                          specified in Sec.
 remote stationary RICE and                          63.6640(c) to show
 that are operated more than                         that the average
 24 hours per calendar year.                         reduction of
                                                     emissions of CO is
                                                     93 percent or more,
                                                     or the average CO
                                                     concentration is
                                                     less than or equal
                                                     to 47 ppmvd at 15
                                                     percent O2; and
                                                     either
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b),
                                                     reducing these data
                                                     to 4-hour rolling
                                                     averages; and
                                                     maintaining the 4-
                                                     hour rolling
                                                     averages within the
                                                     limitation of
                                                     greater than 450
                                                     [deg]F and less
                                                     than or equal to
                                                     1350 [deg]F for the
                                                     catalyst inlet
                                                     temperature; or
                                                    iii. Immediately
                                                     shutting down the
                                                     engine if the
                                                     catalyst inlet
                                                     temperature exceeds
                                                     1350 [deg]F.

[[Page 6719]]

 
15. Existing non-emergency    a. Install NSCR.....  i. Conducting annual
 4SRB stationary RICE >500                           compliance
 HP located at an area                               demonstrations as
 source of HAP that are not                          specified in Sec.
 remote stationary RICE and                          63.6640(c) to show
 that are operated more than                         that the average
 24 hours per calendar year.                         reduction of
                                                     emissions of CO is
                                                     75 percent or more,
                                                     the average CO
                                                     concentration is
                                                     less than or equal
                                                     to 270 ppmvd at 15
                                                     percent O2, or the
                                                     average reduction
                                                     of emissions of THC
                                                     is 30 percent or
                                                     more; and either
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b),
                                                     reducing these data
                                                     to 4-hour rolling
                                                     averages; and
                                                     maintaining the 4-
                                                     hour rolling
                                                     averages within the
                                                     limitation of
                                                     greater than or
                                                     equal to 750 [deg]F
                                                     and less than or
                                                     equal to 1250
                                                     [deg]F for the
                                                     catalyst inlet
                                                     temperature; or
                                                    iii. Immediately
                                                     shutting down the
                                                     engine if the
                                                     catalyst inlet
                                                     temperature exceeds
                                                     1250 [deg]F.
------------------------------------------------------------------------
\a\ After 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.

0
37. Table 7 to Subpart ZZZZ of Part 63 is revised to read as follows:
    As stated in Sec.  63.6650, you must comply with the following 
requirements for reports:

                          Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports
----------------------------------------------------------------------------------------------------------------
                                       You must submit a . . .  The report must contain    You must submit the
            For each . . .                                               . . .                 report . . .
----------------------------------------------------------------------------------------------------------------
1. Existing non-emergency, non-black   Compliance report......  a. If there are no       i. Semiannually
 start stationary RICE 100500 HP                                limitations that apply   engines that are not
 located at a major source of HAP;                               to you, a statement      limited use stationary
 existing non-emergency 4SRB                                     that there were no       RICE subject to
 stationary RICE >500 HP located at a                            deviations from the      numerical emission
 major source of HAP; existing non-                              emission limitations     limitations; and
 emergency, non-black start                                      or operating            ii. Annually according
 stationary CI RICE >300 HP located                              limitations during the   to the requirements in
 at an area source of HAP; new or                                reporting period. If     Sec.   63.6650(b)(6)-
 reconstructed non-emergency                                     there were no periods    (9) for engines that
 stationary RICE >500 HP located at a                            during which the CMS,    are limited use
 major source of HAP; and new or                                 including CEMS and       stationary RICE
 reconstructed non-emergency 4SLB                                CPMS, was out-of-        subject to numerical
 stationary RICE 250500 HP located at an area source of                            demonstration, if        requirements in Sec.
 HAP that are not remote stationary                              conducted during the     63.6650(b)(1)-(5).
 RICE and that operate more than 24                              reporting period.
 hours per calendar year.
4. Emergency stationary RICE that      Report.................  a. The information in    i. annually according
 operate or are contractually                                    Sec.   63.6650(h)(1).    to the requirements in
 obligated to be available for more                                                       Sec.   63.6650(h)(2)-
 than 15 hours per year for the                                                           (3).
 purposes specified in Sec.
 63.6640(f)(2)(ii) and (iii) or that
 operate for the purposes specified
 in Sec.   63.6640(f)(4)( ii).
----------------------------------------------------------------------------------------------------------------

0
38. Table 8 to Subpart ZZZZ of Part 63 is amended by:
0
a. Revising the entry for Sec.  63.8(c)(1)(i);
0
b. Revising the entry for Sec.  63.8(c)(1)(iii); and
0
c. Revising the entry for Sec.  63.10(b)(1) to read as follows:
    As stated in Sec.  63.6665, you must comply with the following 
applicable general provisions.

             Table 8 to Subpart ZZZZ of Part 63--Applicability of General Provisions to Subpart ZZZZ
----------------------------------------------------------------------------------------------------------------
    General Provisions Citation         Subject of Citation      Applies to  Subpart          Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Sec.   63.8(c)(1)(i)..............  Routine and predictable     No...................  .........................
                                     SSM.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Sec.   63.8(c)(1)(iii)............  Compliance with operation   No...................  .........................
                                     and maintenance
                                     requirements.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[[Page 6721]]

0
39. Appendix A to Subpart ZZZZ of Part 63 is added to read as follows:

Appendix A--Protocol for Using an Electrochemical Analyzer to Determine 
Oxygen and Carbon Monoxide Concentrations From Certain Engines

1.0 Scope and Application. What is this Protocol?

    This protocol is a procedure for using portable electrochemical 
(EC) cells for measuring carbon monoxide (CO) and oxygen 
(O2) concentrations in controlled and uncontrolled 
emissions from existing stationary 4-stroke lean burn and 4-stroke 
rich burn reciprocating internal combustion engines as specified in 
the applicable rule.

1.1 Analytes. What does this protocol determine?

    This protocol measures the engine exhaust gas concentrations of 
carbon monoxide (CO) and oxygen (O2).

------------------------------------------------------------------------
            Analyte                  CAS No.           Sensitivity
------------------------------------------------------------------------
Carbon monoxide (CO)...........        630-08-0  Minimum detectable
                                                  limit should be 2
                                                  percent of the nominal
                                                  range or 1 ppm,
                                                  whichever is less
                                                  restrictive.
Oxygen (O2)....................       7782-44-7
------------------------------------------------------------------------

1.2 Applicability. When is this protocol acceptable?

    This protocol is applicable to 40 CFR part 63, subpart ZZZZ. 
Because of inherent cross sensitivities of EC cells, you must not 
apply this protocol to other emissions sources without specific 
instruction to that effect.

1.3 Data Quality Objectives. How good must my collected data be?

    Refer to Section 13 to verify and document acceptable analyzer 
performance.

1.4 Range. What is the targeted analytical range for this protocol?

    The measurement system and EC cell design(s) conforming to this 
protocol will determine the analytical range for each gas component. 
The nominal ranges are defined by choosing up-scale calibration gas 
concentrations near the maximum anticipated flue gas concentrations 
for CO and O2, or no more than twice the permitted CO 
level.

1.5 Sensitivity. What minimum detectable limit will this protocol 
yield for a particular gas component?

    The minimum detectable limit depends on the nominal range and 
resolution of the specific EC cell used, and the signal to noise 
ratio of the measurement system. The minimum detectable limit should 
be 2 percent of the nominal range or 1 ppm, whichever is less 
restrictive.

2.0 Summary of Protocol

    In this protocol, a gas sample is extracted from an engine 
exhaust system and then conveyed to a portable EC analyzer for 
measurement of CO and O2 gas concentrations. This method 
provides measurement system performance specifications and sampling 
protocols to ensure reliable data. You may use additions to, or 
modifications of vendor supplied measurement systems (e.g., heated 
or unheated sample lines, thermocouples, flow meters, selective gas 
scrubbers, etc.) to meet the design specifications of this protocol. 
Do not make changes to the measurement system from the as-verified 
configuration (Section 3.12).

3.0 Definitions

    3.1 Measurement System. The total equipment required for the 
measurement of CO and O2 concentrations. The measurement 
system consists of the following major subsystems:
    3.1.1 Data Recorder. A strip chart recorder, computer or digital 
recorder for logging measurement data from the analyzer output. You 
may record measurement data from the digital data display manually 
or electronically.
    3.1.2 Electrochemical (EC) Cell. A device, similar to a fuel 
cell, used to sense the presence of a specific analyte and generate 
an electrical current output proportional to the analyte 
concentration.
    3.1.3 Interference Gas Scrubber. A device used to remove or 
neutralize chemical compounds that may interfere with the selective 
operation of an EC cell.
    3.1.4 Moisture Removal System. Any device used to reduce the 
concentration of moisture in the sample stream so as to protect the 
EC cells from the damaging effects of condensation and to minimize 
errors in measurements caused by the scrubbing of soluble gases.
    3.1.5 Sample Interface. The portion of the system used for one 
or more of the following: sample acquisition; sample transport; 
sample conditioning or protection of the EC cell from any degrading 
effects of the engine exhaust effluent; removal of particulate 
matter and condensed moisture.
    3.2 Nominal Range. The range of analyte concentrations over 
which each EC cell is operated (normally 25 percent to 150 percent 
of up-scale calibration gas value). Several nominal ranges can be 
used for any given cell so long as the calibration and repeatability 
checks for that range remain within specifications.
    3.3 Calibration Gas. A vendor certified concentration of a 
specific analyte in an appropriate balance gas.
    3.4 Zero Calibration Error. The analyte concentration output 
exhibited by the EC cell in response to zero-level calibration gas.
    3.5 Up-Scale Calibration Error. The mean of the difference 
between the analyte concentration exhibited by the EC cell and the 
certified concentration of the up-scale calibration gas.
    3.6 Interference Check. A procedure for quantifying analytical 
interference from components in the engine exhaust gas other than 
the targeted analytes.
    3.7 Repeatability Check. A protocol for demonstrating that an EC 
cell operated over a given nominal analyte concentration range 
provides a stable and consistent response and is not significantly 
affected by repeated exposure to that gas.
    3.8 Sample Flow Rate. The flow rate of the gas sample as it 
passes through the EC cell. In some situations, EC cells can 
experience drift with changes in flow rate. The flow rate must be 
monitored and documented during all phases of a sampling run.
    3.9 Sampling Run. A timed three-phase event whereby an EC cell's 
response rises and plateaus in a sample conditioning phase, remains 
relatively constant during a measurement data phase, then declines 
during a refresh phase. The sample conditioning phase exposes the EC 
cell to the gas sample for a length of time sufficient to reach a 
constant response. The measurement data phase is the time interval 
during which gas sample measurements can be made that meet the 
acceptance criteria of this protocol. The refresh phase then purges 
the EC cells with CO-free air. The refresh phase replenishes 
requisite O2 and moisture in the electrolyte reserve and 
provides a mechanism to de-gas or desorb any interference gas 
scrubbers or filters so as to enable a stable CO EC cell response. 
There are four primary types of sampling runs: pre- sampling 
calibrations; stack gas sampling; post-sampling calibration checks; 
and measurement system repeatability checks. Stack gas sampling runs 
can be chained together for extended evaluations, providing all 
other procedural specifications are met.
    3.10 Sampling Day. A time not to exceed twelve hours from the 
time of the pre-sampling calibration to the post-sampling 
calibration check. During this time, stack gas sampling runs can be 
repeated without repeated recalibrations, providing all other 
sampling specifications have been met.
    3.11 Pre-Sampling Calibration/Post-Sampling Calibration Check. 
The protocols executed at the beginning and end of each sampling day 
to bracket measurement readings with controlled performance checks.
    3.12 Performance-Established Configuration. The EC cell and 
sampling system configuration that existed at the time that it 
initially met the performance requirements of this protocol.

4.0 Interferences.

    When present in sufficient concentrations, NO and NO2 
are two gas species that have

[[Page 6722]]

been reported to interfere with CO concentration measurements. In 
the likelihood of this occurrence, it is the protocol user's 
responsibility to employ and properly maintain an appropriate CO EC 
cell filter or scrubber for removal of these gases, as described in 
Section 6.2.12.

5.0 Safety. [Reserved]

6.0 Equipment and Supplies.

6.1 What equipment do I need for the measurement system?

    The system must maintain the gas sample at conditions that will 
prevent moisture condensation in the sample transport lines, both 
before and as the sample gas contacts the EC cells. The essential 
components of the measurement system are described below.

6.2 Measurement System Components.

    6.2.1 Sample Probe. A single extraction-point probe constructed 
of glass, stainless steel or other non-reactive material, and of 
length sufficient to reach any designated sampling point. The sample 
probe must be designed to prevent plugging due to condensation or 
particulate matter.
    6.2.2 Sample Line. Non-reactive tubing to transport the effluent 
from the sample probe to the EC cell.
    6.2.3 Calibration Assembly (optional). A three-way valve 
assembly or equivalent to introduce calibration gases at ambient 
pressure at the exit end of the sample probe during calibration 
checks. The assembly must be designed such that only stack gas or 
calibration gas flows in the sample line and all gases flow through 
any gas path filters.
    6.2.4 Particulate Filter (optional). Filters before the inlet of 
the EC cell to prevent accumulation of particulate material in the 
measurement system and extend the useful life of the components. All 
filters must be fabricated of materials that are non-reactive to the 
gas mixtures being sampled.
    6.2.5 Sample Pump. A leak-free pump to provide undiluted sample 
gas to the system at a flow rate sufficient to minimize the response 
time of the measurement system. If located upstream of the EC cells, 
the pump must be constructed of a material that is non-reactive to 
the gas mixtures being sampled.
    6.2.8 Sample Flow Rate Monitoring. An adjustable rotameter or 
equivalent device used to adjust and maintain the sample flow rate 
through the analyzer as prescribed.
    6.2.9 Sample Gas Manifold (optional). A manifold to divert a 
portion of the sample gas stream to the analyzer and the remainder 
to a by-pass discharge vent. The sample gas manifold may also 
include provisions for introducing calibration gases directly to the 
analyzer. The manifold must be constructed of a material that is 
non-reactive to the gas mixtures being sampled.
    6.2.10 EC cell. A device containing one or more EC cells to 
determine the CO and O2 concentrations in the sample gas 
stream. The EC cell(s) must meet the applicable performance 
specifications of Section 13 of this protocol.
    6.2.11 Data Recorder. A strip chart recorder, computer or 
digital recorder to make a record of analyzer output data. The data 
recorder resolution (i.e., readability) must be no greater than 1 
ppm for CO; 0.1 percent for O2; and one degree (either 
[deg]C or [deg]F) for temperature. Alternatively, you may use a 
digital or analog meter having the same resolution to observe and 
manually record the analyzer responses.
    6.2.12 Interference Gas Filter or Scrubber. A device to remove 
interfering compounds upstream of the CO EC cell. Specific 
interference gas filters or scrubbers used in the performance-
established configuration of the analyzer must continue to be used. 
Such a filter or scrubber must have a means to determine when the 
removal agent is exhausted. Periodically replace or replenish it in 
accordance with the manufacturer's recommendations.

7.0 Reagents and Standards. What calibration gases are needed?

    7.1 Calibration Gases. CO calibration gases for the EC cell must 
be CO in nitrogen or CO in a mixture of nitrogen and O2. 
Use CO calibration gases with labeled concentration values certified 
by the manufacturer to be within  5 percent of the label 
value. Dry ambient air (20.9 percent O2) is acceptable 
for calibration of the O2 cell. If needed, any lower 
percentage O2 calibration gas must be a mixture of 
O2 in nitrogen.
    7.1.1 Up-Scale CO Calibration Gas Concentration. Choose one or 
more up-scale gas concentrations such that the average of the stack 
gas measurements for each stack gas sampling run are between 25 and 
150 percent of those concentrations. Alternatively, choose an up-
scale gas that does not exceed twice the concentration of the 
applicable outlet standard. If a measured gas value exceeds 150 
percent of the up-scale CO calibration gas value at any time during 
the stack gas sampling run, the run must be discarded and repeated.
    7.1.2 Up-Scale O2 Calibration Gas Concentration.
    Select an O2 gas concentration such that the 
difference between the gas concentration and the average stack gas 
measurement or reading for each sample run is less than 15 percent 
O2. When the average exhaust gas O2 readings 
are above 6 percent, you may use dry ambient air (20.9 percent 
O2) for the up-scale O2 calibration gas.
    7.1.3 Zero Gas. Use an inert gas that contains less than 0.25 
percent of the up-scale CO calibration gas concentration. You may 
use dry air that is free from ambient CO and other combustion gas 
products (e.g., CO2).

8.0 Sample Collection and Analysis

    8.1 Selection of Sampling Sites.
    8.1.1 Control Device Inlet. Select a sampling site sufficiently 
downstream of the engine so that the combustion gases should be well 
mixed. Use a single sampling extraction point near the center of the 
duct (e.g., within the 10 percent centroidal area), unless 
instructed otherwise.
    8.1.2 Exhaust Gas Outlet. Select a sampling site located at 
least two stack diameters downstream of any disturbance (e.g., 
turbocharger exhaust, crossover junction or recirculation take-off) 
and at least one-half stack diameter upstream of the gas discharge 
to the atmosphere. Use a single sampling extraction point near the 
center of the duct (e.g., within the 10 percent centroidal area), 
unless instructed otherwise.
    8.2 Stack Gas Collection and Analysis. Prior to the first stack 
gas sampling run, conduct that the pre-sampling calibration in 
accordance with Section 10.1. Use Figure 1 to record all data. Zero 
the analyzer with zero gas. Confirm and record that the scrubber 
media color is correct and not exhausted. Then position the probe at 
the sampling point and begin the sampling run at the same flow rate 
used during the up-scale calibration. Record the start time. Record 
all EC cell output responses and the flow rate during the ``sample 
conditioning phase'' once per minute until constant readings are 
obtained. Then begin the ``measurement data phase'' and record 
readings every 15 seconds for at least two minutes (or eight 
readings), or as otherwise required to achieve two continuous 
minutes of data that meet the specification given in Section 13.1. 
Finally, perform the ``refresh phase'' by introducing dry air, free 
from CO and other combustion gases, until several minute-to-minute 
readings of consistent value have been obtained. For each run use 
the ``measurement data phase'' readings to calculate the average 
stack gas CO and O2 concentrations.
    8.3 EC Cell Rate. Maintain the EC cell sample flow rate so that 
it does not vary by more than  10 percent throughout the 
pre-sampling calibration, stack gas sampling and post-sampling 
calibration check. Alternatively, the EC cell sample flow rate can 
be maintained within a tolerance range that does not affect the gas 
concentration readings by more than  3 percent, as 
instructed by the EC cell manufacturer.

9.0 Quality Control (Reserved)

10.0 Calibration and Standardization

    10.1 Pre-Sampling Calibration. Conduct the following protocol 
once for each nominal range to be used on each EC cell before 
performing a stack gas sampling run on each field sampling day. 
Repeat the calibration if you replace an EC cell before completing 
all of the sampling runs. There is no prescribed order for 
calibration of the EC cells; however, each cell must complete the 
measurement data phase during calibration. Assemble the measurement 
system by following the manufacturer's recommended protocols 
including for preparing and preconditioning the EC cell. Assure the 
measurement system has no leaks and verify the gas scrubbing agent 
is not depleted. Use Figure 1 to record all data.
    10.1.1 Zero Calibration. For both the O2 and CO 
cells, introduce zero gas to the measurement system (e.g., at the 
calibration assembly) and record the concentration reading every 
minute until readings are constant for at least two consecutive 
minutes. Include the time and sample flow rate. Repeat the steps in 
this section at least once to verify the zero calibration for each 
component gas.
    10.1.2 Zero Calibration Tolerance. For each zero gas 
introduction, the zero level output must be less than or equal to 
 3 percent of the up-scale gas value or  1 
ppm, whichever is less restrictive, for the CO channel and less than 
or equal to  0.3 percent O2 for the 
O2 channel.

[[Page 6723]]

    10.1.3 Up-Scale Calibration. Individually introduce each 
calibration gas to the measurement system (e.g., at the calibration 
assembly) and record the start time. Record all EC cell output 
responses and the flow rate during this ``sample conditioning 
phase'' once per minute until readings are constant for at least two 
minutes. Then begin the ``measurement data phase'' and record 
readings every 15 seconds for a total of two minutes, or as 
otherwise required. Finally, perform the ``refresh phase'' by 
introducing dry air, free from CO and other combustion gases, until 
readings are constant for at least two consecutive minutes. Then 
repeat the steps in this section at least once to verify the 
calibration for each component gas. Introduce all gases to flow 
through the entire sample handling system (i.e., at the exit end of 
the sampling probe or the calibration assembly).
    10.1.4 Up-Scale Calibration Error. The mean of the difference of 
the ``measurement data phase'' readings from the reported standard 
gas value must be less than or equal to  5 percent or 
 1 ppm for CO or  0.5 percent O2, 
whichever is less restrictive, respectively. The maximum allowable 
deviation from the mean measured value of any single ``measurement 
data phase'' reading must be less than or equal to  2 
percent or  1 ppm for CO or  0.5 percent 
O2, whichever is less restrictive, respectively.
    10.2 Post-Sampling Calibration Check. Conduct a stack gas post-
sampling calibration check after the stack gas sampling run or set 
of runs and within 12 hours of the initial calibration. Conduct up-
scale and zero calibration checks using the protocol in Section 
10.1. Make no changes to the sampling system or EC cell calibration 
until all post-sampling calibration checks have been recorded. If 
either the zero or up-scale calibration error exceeds the respective 
specification in Sections 10.1.2 and 10.1.4 then all measurement 
data collected since the previous successful calibrations are 
invalid and re-calibration and re-sampling are required. If the 
sampling system is disassembled or the EC cell calibration is 
adjusted, repeat the calibration check before conducting the next 
analyzer sampling run.

11.0 Analytical Procedure

    The analytical procedure is fully discussed in Section 8.

12.0 Calculations and Data Analysis

    Determine the CO and O2 concentrations for each stack 
gas sampling run by calculating the mean gas concentrations of the 
data recorded during the ``measurement data phase''.

13.0 Protocol Performance

    Use the following protocols to verify consistent analyzer 
performance during each field sampling day.
    13.1 Measurement Data Phase Performance Check. Calculate the 
mean of the readings from the ``measurement data phase''. The 
maximum allowable deviation from the mean for each of the individual 
readings is  2 percent, or  1 ppm, whichever 
is less restrictive. Record the mean value and maximum deviation for 
each gas monitored. Data must conform to Section 10.1.4. The EC cell 
flow rate must conform to the specification in Section 8.3.

    Example: A measurement data phase is invalid if the maximum 
deviation of any single reading comprising that mean is greater than 
 2 percent or  1 ppm (the default criteria). 
For example, if the mean = 30 ppm, single readings of below 29 ppm 
and above 31 ppm are disallowed).

    13.2 Interference Check. Before the initial use of the EC cell 
and interference gas scrubber in the field, and semi-annually 
thereafter, challenge the interference gas scrubber with NO and 
NO2 gas standards that are generally recognized as 
representative of diesel-fueled engine NO and NO2 
emission values. Record the responses displayed by the CO EC cell 
and other pertinent data on Figure 1 or a similar form.
    13.2.1 Interference Response. The combined NO and NO2 
interference response should be less than or equal to  5 
percent of the up-scale CO calibration gas concentration.
    13.3 Repeatability Check. Conduct the following check once for 
each nominal range that is to be used on the CO EC cell within 5 
days prior to each field sampling program. If a field sampling 
program lasts longer than 5 days, repeat this check every 5 days. 
Immediately repeat the check if the EC cell is replaced or if the EC 
cell is exposed to gas concentrations greater than 150 percent of 
the highest up-scale gas concentration.
    13.3.1 Repeatability Check Procedure. Perform a complete EC cell 
sampling run (all three phases) by introducing the CO calibration 
gas to the measurement system and record the response. Follow 
Section 10.1.3. Use Figure 1 to record all data. Repeat the run 
three times for a total of four complete runs. During the four 
repeatability check runs, do not adjust the system except where 
necessary to achieve the correct calibration gas flow rate at the 
analyzer.
    13.3.2 Repeatability Check Calculations. Determine the highest 
and lowest average ``measurement data phase'' CO concentrations from 
the four repeatability check runs and record the results on Figure 1 
or a similar form. The absolute value of the difference between the 
maximum and minimum average values recorded must not vary more than 
 3 percent or  1 ppm of the up-scale gas 
value, whichever is less restrictive.

14.0 Pollution Prevention (Reserved)

15.0 Waste Management (Reserved)

16.0 Alternative Procedures (Reserved)

17.0 References

    (1) ``Development of an Electrochemical Cell Emission Analyzer 
Test Protocol'', Topical Report, Phil Juneau, Emission Monitoring, 
Inc., July 1997.
    (2) ``Determination of Nitrogen Oxides, Carbon Monoxide, and 
Oxygen Emissions from Natural Gas-Fired Engines, Boilers, and 
Process Heaters Using Portable Analyzers'', EMC Conditional Test 
Protocol 30 (CTM-30), Gas Research Institute Protocol GRI-96/0008, 
Revision 7, October 13, 1997.
    (3) ``ICAC Test Protocol for Periodic Monitoring'', EMC 
Conditional Test Protocol 34 (CTM-034), The Institute of Clean Air 
Companies, September 8, 1999.
    (4) ``Code of Federal Regulations'', Protection of Environment, 
40 CFR, Part 60, Appendix A, Methods 1-4; 10.

                                                         Table 1: Appendix A--Sampling Run Data.
                                      Facility-------------------- Engine I.D.-------------------- Date------------
Run Type:.......................................                     (--)                      (--)                      (--)                      (--)
(X).............................................              Pre-Sample CalibratioStack Gas Sample              Post-Sample Cal. Check  Repeatability Check
 

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Run ................................................        1         1         2         2         3         3         4         4             Time        Scrub. OK       Flow- Rate
Gas..........................................................       O2          CO      O2          CO      O2          CO      O2          CO ...............  ...............  ...............
                                                               ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
Sample Cond..................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
Phase........................................................
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
                                                               ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
Measurement..................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
Data Phase...................................................
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............

[[Page 6724]]

 
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                                                               ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
Mean.........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
                                                               ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
Refresh......................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
Phase........................................................
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
''...........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
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[FR Doc. 2013-01288 Filed 1-29-13; 8:45 am]
BILLING CODE 6560-50-P
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