Vol. 78 Wednesday, 

No. 20 January 30, 2013 

Part IV 

Environmental Protection Agency 

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 

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6674 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

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. 

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. 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6675 

1A 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. 

2See 40 CFR part 89—Control of Emissions From 

New and In-Use Nonroad Compression-Ignition 

Engines. 

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 nonremote 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. 

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. 

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 

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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 

Pollutant 

Emission reductions (tpy) in the year 2013 

2010 Final rule 2010 Final rule with these 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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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6677 

3U.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. 

4U.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 estimates the monetized cobenefits 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

Pollutant Emission reductions (tons per year) Total monetized co-benefits (3 percent 

discount) 

Total monetized 

co-benefits 

(7 percent 

discount) 

Original 2010 Final Rules c

Stationary CI Engines: 

Total Benefits ............................ 2,844 PM2.5 27,395 VOC ........................... $950 to $2,300 ........................................... $860 to $2,100. 

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. 

aAll 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. bPM 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. cThe 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. 

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: 

Category NAICS1 Examples of regulated entities 

Any industry using a stationary internal combustion engine as 

defined in the final amendments.

2211 

622110 

48621 

Electric power generation, 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. 

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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 

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5See document number EPA–HQ–OAR–2008– 

0708–1142 in the rulemaking docket. 

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

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 

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6U.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. 7See document number EPA–HQ–OAR–2008– 

0708–1459 in the rulemaking docket. 

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 §§ 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 preexisting 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. 

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 

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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 

§§ 60.4211(f) and 60.4219 of 40 CFR part 

60, subpart IIII, and §§ 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 

§ 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 

§ 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 nonemergency 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. 

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6682 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

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 

§ 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 nonemergency 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 nonemergency 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 

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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 °F and at or below 

1,350 °F. For 4SRB engines the 

temperature must be greater than or 

equal to 750 °F and less than or equal to 

1,250 °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 nonemergency 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 

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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 nonemergency 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 nonemergency 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 

§ 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 § 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 § 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 § 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 § 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 § 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 § 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). 

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• Clarifying that, as was intended in 

the rule adding these requirements, all 

of the standards for stationary SI RICE 

in § 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 § 63.6625(b)(1) and the 

entries for § 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 

§ 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 § 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 

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6686 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

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 § 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 

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

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8See document number EPA–HQ–OAR–2008– 

0708–1142 in the rulemaking docket. 

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 

Pollutant 

Emission Reductions (tpy) 

in the year 2013 

2010 Final rule 2010 Final rule with these 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 

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. 

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 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6689 

9Since 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 concentrationresponse 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. 

10U.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. 

11U.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. 

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 cobenefits 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 reestimated the benefits from the proposal 

for this final rule because the emission 

reductions have not changed since the 

reconsideration proposal.9

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

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 

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12Roman, 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. 

13Fann, 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. 

14U.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. 15Stationary 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. 

16To 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 

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. 

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

Pollutant Emission reductions 

(tons per year) 

Total monetized co-benefits 

(3 percent discount) 

Total monetized 

co-benefits 

(7 percent 

discount) 

Original 2010 Final Rules c

Stationary CI Engines: 

Total Benefits ................................... 2,844 PM2.5, 27,395 VOC ...................... $950 to $2,300 ....................................... $860 to $2,100. 

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. 

aAll 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. bPM 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. cThe 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 nationalaverage 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

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6691 

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. 

17Pope, 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. 

18Laden, et al., 2006. Reduction in Fine 

Particulate Air Pollution and Mortality. American 

Journal of Respiratory and Critical Care Medicine 

173: 667–672. 

19U.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. 

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. 

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 cobenefits 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 (mg/m3). 

Using the Laden, et al. (2006) study, 25 

percent of the population is exposed 

above the LML of 10 mg/m3. 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. 

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 

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20U.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. 

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. 

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 rate 7-Percent 

discount 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. 

aAll estimates are for the implementation year (2013) and are rounded to two significant figures. 

bThe 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. cThe 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 rate 7-Percent 

discount 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. 

aAll estimates are for the implementation year (2013) and are rounded to two significant figures. 

bThe 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. cThe engineering compliance costs are annualized using a 7-percent discount rate. 

For more information on the costbenefit analysis, please refer to the RIA for these final amendments, which is available in the docket for this 

rulemaking. 

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21http://www.bls.gov/news.release/ecec.t05.htm. 

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. 

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 

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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. 

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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] 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart A—[Amended] 

■ 2. Section 60.17 is amended by adding 

paragraph (r) to read as follows: 

§ 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 §§ 60.4211(f) 

and 60.4243(d). 

(2) [Reserved] 

Subpart IIII—[Amended] 

■ 3. Section 60.4207 is amended by 

revising paragraph (b) to read as follows: 

§ 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. 

* * * * * 

■ 4. Section 60.4211 is amended by 

revising paragraph (f) to read as follows: 

§ 60.4211 What are my compliance 

requirements if I am an owner or operator 

of a stationary CI internal combustion 

engine? 

* * * * * 

(f) If you own or operate an 

emergency stationary ICE, you must 

operate the emergency stationary ICE 

according to the requirements in 

paragraphs (f)(1) through (3) of this 

section. In order for the engine to be 

considered an emergency stationary ICE 

under this subpart, any operation other 

than emergency operation, maintenance 

and testing, emergency demand 

response, and operation in nonemergency 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 § 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 nonemergency situations cannot be used for 

peak shaving or non-emergency demand 

response, or to generate income for a 

facility to an electric grid or otherwise 

supply power as part of a financial 

arrangement with another entity. 

(i) The 50 hours per year for nonemergency 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 

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transmission and distribution system 

operator may keep these records on 

behalf of the engine owner or operator. 

(ii) [Reserved] 

* * * * * 

■ 5. Section 60.4214 is amended by 

adding paragraph (d) to read as follows: 

§ 60.4214 What are my notification, 

reporting, and recordkeeping requirements 

if I am an owner or operator of a stationary 

CI internal combustion engine? 

* * * * * 

(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 § 60.4211(f)(2)(ii) 

and (iii) or that operates for the 

purposes specified in § 60.4211(f)(3)(i), 

you must submit an annual report 

according to the requirements in 

paragraphs (d)(1) through (3) of this 

section. 

(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 § 60.4211(f)(2)(ii) and (iii), 

including the date, start time, and end 

time for engine operation for the 

purposes specified in § 60.4211(f)(2)(ii) 

and (iii). 

(vi) Number of hours the engine is 

contractually obligated to be available 

for the purposes specified in 

§ 60.4211(f)(2)(ii) and (iii). 

(vii) Hours spent for operation for the 

purposes specified in § 60.4211(f)(3)(i), 

including the date, start time, and end 

time for engine operation for the 

purposes specified in § 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 § 60.4. 

■ 6. Section 60.4219 is amended by 

revising the definition of ‘‘Emergency 

stationary internal combustion engine’’ 

to read as follows: 

§ 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 § 60.4211(f) in order to be 

considered emergency stationary ICE. If 

the engine does not comply with the 

requirements specified in § 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 

§ 60.4211(f). 

(3) The stationary ICE operates as part 

of a financial arrangement with another 

entity in situations not included in 

paragraph (1) of this definition only as 

allowed in § 60.4211(f)(2)(ii) or (iii) and 

§ 60.4211(f)(3)(i). 

* * * * * 

Subpart JJJJ—[Amended] 

■ 7. Section 60.4231 is amended by 

revising paragraphs (b) through (d) to 

read as follows: 

§ 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 

§ 60.4230(a)(2), or manufactured on or 

after the applicable date in 

§ 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 

§ 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 § 60.4230(a)(2), or 

manufactured on or after the applicable 

date in § 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 § 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 

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

* * * * * 

■ 8. Section 60.4243 is amended by 

revising paragraph (d) to read as 

follows: 

§ 60.4243 What are my compliance 

requirements if I am an owner or operator 

of a stationary SI internal combustion 

engine? 

* * * * * 

(d) If you own or operate an 

emergency stationary ICE, you must 

operate the emergency stationary ICE 

according to the requirements in 

paragraphs (d)(1) through (3) of this 

section. In order for the engine to be 

considered an emergency stationary ICE 

under this subpart, any operation other 

than emergency operation, maintenance 

and testing, emergency demand 

response, and operation in nonemergency 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 § 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 nonemergency 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] 

* * * * * 

■ 9. Section 60.4245 is amended by 

adding paragraph (e) to read as follows: 

§ 60.4245 What are my notification, 

reporting, and recordkeeping requirements 

if I am an owner or operator of a stationary 

SI internal combustion engine? 

* * * * * 

(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 

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6698 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

obligated to be available for more than 

15 hours per calendar year for the 

purposes specified in § 60.4243(d)(2)(ii) 

and (iii) or that operates for the 

purposes specified in § 60.4243(d)(3)(i), 

you must submit an annual report 

according to the requirements in 

paragraphs (e)(1) through (3) of this 

section. 

(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 § 60.4243(d)(2)(ii) and (iii), 

including the date, start time, and end 

time for engine operation for the 

purposes specified in § 60.4243(d)(2)(ii) 

and (iii). 

(vi) Number of hours the engine is 

contractually obligated to be available 

for the purposes specified in 

§ 60.4243(d)(2)(ii) and (iii). 

(vii) Hours spent for operation for the 

purposes specified in § 60.4243(d)(3)(i), 

including the date, start time, and end 

time for engine operation for the 

purposes specified in § 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 § 60.4. 

■ 10. Section 60.4248 is amended by 

revising the definition of ‘‘Emergency 

stationary internal combustion engine’’ 

to read as follows: 

§ 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 § 60.4243(d) in order to be 

considered emergency stationary ICE. If 

the engine does not comply with the 

requirements specified in § 60.4243(d), 

then it is not considered to be an 

emergency stationary ICE under this 

subpart. 

(1) The stationary ICE is operated to 

provide electrical power or mechanical 

work during an emergency situation. 

Examples include stationary ICE used to 

produce power for critical networks or 

equipment (including power supplied to 

portions of a facility) when electric 

power from the local utility (or the 

normal power source, if the facility runs 

on its own power production) is 

interrupted, or stationary ICE used to 

pump water in the case of fire or flood, 

etc. 

(2) The stationary ICE is operated 

under limited circumstances for 

situations not included in paragraph (1) 

of this definition, as specified in 

§ 60.4243(d). 

(3) The stationary ICE operates as part 

of a financial arrangement with another 

entity in situations not included in 

paragraph (1) of this definition only as 

allowed in § 60.4243(d)(2)(ii) or (iii) and 

§ 60.4243(d)(3)(i). 

* * * * * 

■ 11. Table 2 to Subpart JJJJ of part 60 

is revised to read as follows: 

As stated in § 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

For each Complying with the 

requirement to You must Using According to the following requirements 

1. Stationary SI internal 

combustion engine demonstrating compliance 

according to § 60.4244. 

a. limit the concentration of 

NOX in the stationary SI 

internal combustion engine exhaust.

i. Select the sampling port 

location and the number 

of traverse points; 

(1) Method 1 or 1A of 40 

CFR part 60, Appendix 

A or ASTM Method 

D6522–00 (Reapproved 

2005).a e

(a) If using a control device, the sampling site 

must be located at the 

outlet of the control device. 

ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at 

the sampling port location; 

(2) Method 3, 3A, or 3Bb

of 40 CFR part 60, appendix A or ASTM Method D6522–00 (Reapproved 2005). a e

(b) Measurements to determine O2 concentration 

must be made at the 

same time as the measurements for NOX concentration. 

iii. If necessary, determine 

the exhaust flowrate of 

the stationary internal 

combustion engine exhaust; 

(3) Method 2 or 19 of 40 

CFR part 60, appendix 

A. 

iv. If necessary, measure 

moisture content of the 

stationary internal combustion engine exhaust 

at the sampling port location; and 

(4) Method 4 of 40 CFR 

part 60, appendix A, 

Method 320 of 40 CFR 

part 63, appendix A, or 

ASTM D 6348–03. e

(c) Measurements to determine moisture must 

be made at the same 

time as the 

measurementfor NOX

concentration. 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6699 

TABLE 2 TO SUBPART JJJJ OF PART 60—REQUIREMENTS FOR PERFORMANCE TESTS—Continued 

For each Complying with the 

requirement to You must Using According to the following requirements 

v. Measure NOX at the exhaust of the stationary 

internal combustion engine. 

(5) Method 7E of 40 CFR 

part 60, appendix A, 

Method D6522–00 (Reapproved 2005) a e, 

Method 320 of 40 CFR 

part 63, appendix A, or 

ASTM D 6348–03. e

(d) Results of this test consist of the average of 

the three 1-hour or 

longer runs. 

b. limit the concentration of 

CO in the stationary SI 

internal combustion engine exhaust.

i. Select the sampling port 

location and the number 

of traverse points; 

(1) Method 1 or 1A of 40 

CFR part 60, appendix 

A or ASTM Method 

D6522–00 (Reapproved 

2005). a e

(a) If using a control device, the sampling site 

must be located at the 

outlet of the control device. 

ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at 

the sampling port location; 

(2) Method 3, 3A, or 3Bb

of 40 CFR part 60, appendix A or ASTM Method D6522–00 (Reapproved 2005). a e

(b) Measurements to determine O2 concentration 

must be made at the 

same time as the measurements for CO concentration. 

iii. If necessary, determine 

the exhaust flowrate of 

the stationary internal 

combustion engine exhaust; 

(3) Method 2 or 19 of 40 

CFR part 60, appendix 

A. 

iv. If necessary, measure 

moisture content of the 

stationary internal combustion engine exhaust 

at the sampling port location; and 

(4) Method 4 of 40 CFR 

part 60, appendix A, 

Method 320 of 40 CFR 

part 63, appendix A, or 

ASTM D 6348–03. e

(c) Measurements to determine moisture must 

be made at the same 

time as the measurement for CO concentration. 

v. Measure CO at the exhaust of the stationary 

internal combustion engine. 

(5) Method 10 of 40 CFR 

part 60, appendix A, 

ASTM Method D6522– 

00 (Reapproved 

2005) a e, Method 320 of 

40 CFR part 63, appendix A, or ASTM D 6348– 

03. e

(d) Results of this test consist of the average of 

the three 1-hour or 

longer runs. 

c. limit the concentration of 

VOC in the stationary SI 

internal combustion engine exhaust 

i. Select the sampling port 

location and the number 

of traverse points; 

(1) Method 1 or 1A of 40 

CFR part 60, appendix 

A. 

(a) If using a control device, the sampling site 

must be located at the 

outlet of the control device. 

ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at 

the sampling port location; 

(2) Method 3, 3A, or 3Bb

of 40 CFR part 60, appendix A or ASTM Method D6522–00 (Reapproved 2005). a e

(b) Measurements to determine O2 concentration 

must be made at the 

same time as the measurements for VOC concentration. 

iii. If necessary, determine 

the exhaust flowrate of 

the stationary internal 

combustion engine exhaust; 

(3) Method 2 or 19 of 40 

CFR part 60, appendix 

A. 

iv. If necessary, measure 

moisture content of the 

stationary internal combustion engine exhaust 

at the sampling port location; and 

(4) Method 4 of 40 CFR 

part 60, appendix A, 

Method 320 of 40 CFR 

part 63, appendix A, or 

ASTM D 6348–03. e

(c) Measurements to determine moisture must 

be made at the same 

time as the 

measurementfor VOC 

concentration. 

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6700 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

TABLE 2 TO SUBPART JJJJ OF PART 60—REQUIREMENTS FOR PERFORMANCE TESTS—Continued 

For each Complying with the 

requirement to You must Using According to the following requirements 

v. Measure VOC at the exhaust of the stationary 

internal combustion engine. 

(5) Methods 25A and 18 of 

40 CFR part 60, appendix A, Method 25A with 

the use of a 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

(d) Results of this test consist of the average of 

the three 1-hour or 

longer runs. 

aYou may petition the Administrator for approval to use alternative methods for portable analyzer. 

bYou 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. cYou 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). dYou 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] 

■ 12. The authority citation for part 63 

continues to read as follows: 

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

Subpart A—[Amended] 

■ 13. Section 63.14 is amended by: 

■ a. Revising paragraphs (b)(28) and 

(b)(54); 

■ b. Adding paragraph (d)(10); 

■ c. Revising paragraph (i)(1); and 

■ d. Adding paragraph (s) to read as 

follows: 

§ 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 §§ 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 §§ 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 § 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 

§§ 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 § 63.6640(f). 

(2) [Reserved] 

Subpart ZZZZ—[Amended] 

■ 14. Section 63.6585 is amended by 

adding paragraph (f) to read as follows: 

§ 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 § 63.6675, which 

includes operating according to the 

provisions specified in § 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 § 63.6640(f)(2)(ii) and (iii) and that do 

not operate for the purpose specified in 

§ 63.6640(f)(4)(ii). 

(2) Existing commercial emergency 

stationary RICE located at an area source 

of HAP emissions that do not operate or 

are not contractually obligated to be 

available for more than 15 hours per 

calendar year for the purposes specified 

in § 63.6640(f)(2)(ii) and (iii) and that do 

not operate for the purpose specified in 

§ 63.6640(f)(4)(ii). 

(3) Existing institutional emergency 

stationary RICE located at an area source 

of HAP emissions that do not operate or 

are not contractually obligated to be 

available for more than 15 hours per 

calendar year for the purposes specified 

in § 63.6640(f)(2)(ii) and (iii) and that do 

not operate for the purpose specified in 

§ 63.6640(f)(4)(ii). 

■ 15. Section 63.6590 is amended by 

revising paragraphs (b)(1)(i) and 

(b)(3)(iii) and removing paragraphs 

(b)(3)(vi) through (viii). 

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The revisions read as follows. 

§ 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 § 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 § 63.6640(f)(2)(ii) and (iii). 

* * * * * 

■ 16. Section 63.6595 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 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. 

* * * * * 

■ 17. Section 63.6602 is revised to read 

as follows: 

§ 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 

§ 63.6620 and Table 4 to this subpart. 

■ 18. Section 63.6603 is amended by: 

■ a. Revising the section heading; 

■ b. Revising paragraph (a); 

■ c. Revising paragraph (b); and 

■ d. Adding paragraphs (c) through (f). 

The revisions and addition read as 

follows: 

§ 63.6603 What emission limitations, 

operating limitations, and other 

requirements must I meet if I own or 

operate an existing stationary RICE located 

at an area source of HAP emissions? 

* * * * * 

(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 

§ 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 nonemergency 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 § 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 

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engine (whichever is later), but not later 

than June 1, 2018. You must also 

comply with the crankcase ventilation 

system requirements in § 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 nonemergency 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 

§ 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 nonemergency 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 § 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 

§ 63.6675 of this subpart, the owner or 

operator must comply with all of the 

requirements for existing nonemergency 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. 

■ 19. Section 63.6604 is revised to read 

as follows: 

§ 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 § 63.6640(f)(2)(ii) and (iii) or that 

operates for the purpose specified in 

§ 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 § 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 § 63.6603(b)(1) 

or § 63.6603(b)(2), or are on offshore 

vessels that meet § 63.6603(c) are 

exempt from the requirements of this 

section. 

■ 20. Section 63.6605 is amended by 

revising paragraph (a) to read as follows: 

§ 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. 

* * * * * 

■ 21. Section 63.6620 is amended by 

revising paragraphs (b), (d) and (e) to 

read as follows: 

§ 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 

§ 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 

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. 


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(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: 

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, dsm3/J (dscf/106 Btu). 

Fc = Ratio of the volume of CO2 produced to 

the gross calorific value of the fuel from 

Method 19, dsm3/J (dscf/106 Btu) 

(ii) Calculate the CO2 correction factor 

for correcting 

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: 

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. 

* * * * * 

■ 22. Section 63.6625 is amended by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Revising the first sentence in 

paragraph (b) introductory text; 

■ c. Revising paragraph (b)(1)(iv); 

■ d. Revising paragraph (e)(6), 

■ e. Revising paragraph (g), 

■ f. Revising paragraph (i); and 

■ g. Revising paragraph (j). 

The revisions read as follows: 

§ 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 § 63.8(c)(1)(ii) and 

(c)(3); and 

* * * * * 

(e) * * * 

(6) An existing non-emergency, nonblack 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 § 63.6603(b)(1) 

or § 63.6603(b)(2) do not have to meet 

the requirements of this paragraph (g). 

Existing CI engines located on offshore 

vessels that meet § 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 


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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. 

■ 23. Section 63.6630 is amended by 

revising the section heading and 

paragraph (a) and adding paragraphs (d) 

and (e) to read as follows: 

§ 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 nonemergency 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. 

■ 24. Section 63.6640 is amended by: 

■ a. Revising the section heading; 

■ b. Revising paragraph (a); 

■ c. Adding paragraph (c); and 

■ d. Revising paragraph (f). 

The revisions and addition read as 

follows: 

§ 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 nonemergency 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 nonemergency 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. 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 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 § 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 nonemergency situations cannot be used for 

peak shaving or non-emergency demand 

response, or to generate income for a 

facility to an electric grid or otherwise 

supply power as part of a financial 

arrangement with another entity. 

(i) Prior to May 3, 2014, the 50 hours 

per year for non-emergency situations 

can be used for peak shaving or nonemergency 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 nonemergency 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. 

■ 25. Section 63.6645 is amended by 

adding paragraph (i) to read as follows: 

§ 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 

§ 63.6603(d), you must submit a 

notification by March 3, 2013, stating 

that you intend to use the provision in 

§ 63.6603(d) and identifying the state or 

local regulation that the engine is 

subject to. 

■ 26. Section 63.6650 is amended by 

adding paragraph (h) to read as follows: 

§ 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 § 63.6640(f)(2)(ii) and (iii) or that 

operates for the purpose specified in 

§ 63.6640(f)(4)(ii), you must submit an 

annual report according to the 

requirements in paragraphs (h)(1) 

through (3) of this section. 

(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 § 63.6640(f)(2)(ii) and (iii), 

including the date, start time, and end 

time for engine operation for the 

purposes specified in § 63.6640(f)(2)(ii) 

and (iii). 

(vi) Number of hours the engine is 

contractually obligated to be available 

for the purposes specified in 

§ 63.6640(f)(2)(ii) and (iii). 

(vii) Hours spent for operation for the 

purpose specified in § 63.6640(f)(4)(ii), 

including the date, start time, and end 

time for engine operation for the 

purposes specified in § 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. 

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6706 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

(viii) If there were no deviations from 

the fuel requirements in § 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 § 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 § 63.13. 

■ 27. Section 63.6655 is amended by 

revising paragraph (f) introductory text 

to read as follows: 

§ 63.6655 What records must I keep? 

* * * * * 

(f) If you own or operate any of the 

stationary RICE in paragraphs (f)(1) 

through (2) of this section, you must 

keep records of the hours of operation 

of the engine that is recorded through 

the non-resettable hour meter. The 

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 § 63.6640(f)(2)(ii) 

or (iii) or § 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. 

* * * * * 

■ 28. Section 63.6675 is amended by: 

■ a. Adding in alphabetical order the 

definition of Alaska Railbelt Grid; 

■ b. Adding in alphabetical order the 

definition of Backup power for 

renewable energy; 

■ c. Revising the definition of 

Emergency stationary RICE; and 

■ d. Adding in alphabetical order the 

definition of Remote stationary RICE. 

The additions and revision read as 

follows. 

§ 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 § 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 § 63.6640(f) in 

order to be considered emergency 

stationary RICE. If the engine does not 

comply with the requirements specified 

in § 63.6640(f), then it is not considered 

to be an emergency stationary RICE 

under this subpart. 

(1) The stationary RICE is operated to 

provide electrical power or mechanical 

work during an emergency situation. 

Examples include stationary RICE used 

to produce power for critical networks 

or equipment (including power 

supplied to portions of a facility) when 

electric power from the local utility (or 

the normal power source, if the facility 

runs on its own power production) is 

interrupted, or stationary RICE used to 

pump water in the case of fire or flood, 

etc. 

(2) The stationary RICE is operated 

under limited circumstances for 

situations not included in paragraph (1) 

of this definition, as specified in 

§ 63.6640(f). 

(3) The stationary RICE operates as 

part of a financial arrangement with 

another entity in situations not included 

in paragraph (1) of this definition only 

as allowed in § 63.6640(f)(2)(ii) or (iii) 

and § 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. 

* * * * * 

■ 29. Table 1b to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in §§ 63.6600, 63.6603, 

63.6630 and 63.6640, you must comply 

with the following operating limitations 

for existing, new and reconstructed 

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

For each . . . You must meet the following operating limitation, except during periods 

of startup . . . 

1. existing, new and reconstructed 4SRB stationary RICE >500 HP located at a major source of HAP emissions complying with the requirement to reduce formaldehyde emissions by 76 percent or more 

(or by 75 percent or more, if applicable) and using NSCR; or 

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 using 

NSCR; 

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

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

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

measured during the initial performance test; and 

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

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

less than or equal to 1250 °F.1

2. existing, new and reconstructed 4SRB stationary RICE >500 HP located at a major source of HAP emissions 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 

Comply with any operating limitations approved by the Administrator. 

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. 

1Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.8(f) for a different temperature range. 

■ 30. Table 2b to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in §§ 63.6600, 63.6601, 

63.6603, 63.6630, and 63.6640, you 

must comply with the following 

operating limitations for new and 

reconstructed 2SLB and 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 

For each . . . You must meet the following operating limitation, except during periods 

of startup . . . 

1. 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 reduce CO emissions and 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 using an oxidation catalyst. 

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

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

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

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 °F and 

less than or equal to 1350 °F.1

2. Existing CI stationary RICE >500 HP complying with the requirement 

to limit or reduce the concentration of CO in the stationary RICE exhaust and using an oxidation catalyst.

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

does not change by more than 2 inches of water 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 °F and 

less than or equal to 1350 °F.1

3. 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 reduce CO emissions and not using an oxidation catalyst; and 

Comply with any operating limitations approved by the Administrator. 

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 

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6708 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

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—Continued 

For each . . . You must meet the following operating limitation, except during periods 

of startup . . . 

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. 

1Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.8(f) for a different temperature range. 

■ 31. Table 2c to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in §§ 63.6600, 63.6602, and 

63.6640, you must comply with the 

following requirements for existing 

compression ignition stationary RICE 

located at a major source of HAP 

emissions and existing spark ignition 

stationary RICE ≤500 HP located at a 

major source of HAP emissions: 

TABLE 2c TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING COMPRESSION IGNITION STATIONARY RICE 

LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS AND EXISTING SPARK IGNITION STATIONARY RICE >500 HP LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS

For each . . . You must meet the following requirement, except during periods of startup . . . During periods of startup you must . . . 

1. Emergency stationary CI RICE and black 

start stationary CI RICE1.

a. Change oil and filter every 500 hours of operation or annually, whichever comes first.2

b. Inspect air cleaner 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

Minimize the engine’s time spent at idle and 

minimize the engine’s startup time at startup to a period needed for appropriate and 

safe loading of the engine, not to exceed 

30 minutes, after which time the non-startup 

emission limitations apply.3

2. Non-Emergency, non-black start stationary 

CI RICE <100 HP.

a. Change oil and filter every 1,000 hours of 

operation or annually, whichever comes 

first.2

b. Inspect air cleaner 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

3. Non-Emergency, non-black start CI stationary RICE 100≤HP≤300 HP.Limit concentration of CO in the stationary 

RICE exhaust to 230 ppmvd or less at 15 

percent O2. 

4. Non-Emergency, non-black start CI stationary RICE 300>HP≤500.a. Limit concentration of CO in the stationary 

RICE exhaust to 49 ppmvd or less at 15 

percent O2; or 

b. Reduce CO emissions by 70 percent or 

more. 

5. Non-Emergency, non-black start stationary 

CI RICE >500 HP.

a. Limit concentration of CO in the stationary 

RICE exhaust to 23 ppmvd or less at 15 

percent O2; or 

b. Reduce CO emissions by 70 percent or 

more. 

6. Emergency stationary SI RICE and black 

start stationary SI RICE.1

a. Change oil and filter every 500 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 start stationary 

SI RICE <100 HP that are not 2SLB stationary RICE.

a. Change oil and filter every 1,440 hours of 

operation or annually, whichever comes 

first;2

b. Inspect spark plugs every 1,440 hours of 

operation or annually, whichever comes 

first, and replace as necessary; 

c. Inspect all hoses and belts every 1,440 

hours of operation or annually, whichever 

comes first, and replace as necessary.3

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6709 

TABLE 2c TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING COMPRESSION IGNITION STATIONARY RICE 

LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS AND EXISTING SPARK IGNITION STATIONARY RICE >500 HP LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS—Continued 

For each . . . You must meet the following requirement, except during periods of startup . . . During periods of startup you must . . . 

8. Non-Emergency, non-black start 2SLB stationary SI RICE <100 HP.a. Change oil and filter every 4,320 hours of 

operation or annually, whichever comes 

first;2

b. Inspect spark plugs every 4,320 hours of 

operation or annually, whichever comes 

first, and replace as necessary; 

c. Inspect all hoses and belts every 4,320 

hours of operation or annually, whichever 

comes first, and replace as necessary.3

9. Non-emergency, non-black start 2SLB stationary RICE 100≤HP≤500.Limit concentration of CO in the stationary 

RICE exhaust to 225 ppmvd or less at 15 

percent O2.

10. Non-emergency, non-black start 4SLB stationary RICE 100≤HP≤500.Limit concentration of CO in the stationary 

RICE exhaust to 47 ppmvd or less at 15 

percent O2. 

11. Non-emergency, non-black start 4SRB stationary RICE 100≤HP≤500.Limit concentration of formaldehyde in the 

stationary RICE exhaust to 10.3 ppmvd or 

less at 15 percent O2. 

12. Non-emergency, non-black start stationary 

RICE 100≤HP≤500 which combusts landfill or 

digester gas equivalent to 10 percent or more 

of the gross heat input on an annual basis.

Limit concentration of CO in the stationary 

RICE exhaust to 177 ppmvd or less at 15 

percent O2. 

1 If an emergency engine is operating during an emergency and it is not possible to shut down the engine in order to perform the work practice 

requirements on the schedule required in Table 2c of this subpart, or if performing the work practice on the required schedule would otherwise 

pose an unacceptable risk under federal, state, or local law, the work practice can be delayed until the emergency is over or the unacceptable 

risk under federal, state, or local law has abated. The work practice should be performed as soon as practicable after the emergency has ended 

or the unacceptable risk under federal, state, or local law has abated. Sources must report any failure to perform the work practice on the schedule required and the federal, state or local law under which the risk was deemed unacceptable. 2Sources have the option to utilize an oil analysis program as described in § 63.6625(i) or (j) in order to extend the specified oil change requirement in Table 2c of this subpart. 3Sources can petition the Administrator pursuant to the requirements of 40 CFR 63.6(g) for alternative work practices. 

■ 32. Table 2d to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in §§ 63.6603 and 63.6640, 

you must comply with the following 

requirements for existing stationary 

RICE located at area sources of HAP 

emissions: 

TABLE 2d TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING STATIONARY RICE LOCATED AT AREA

SOURCES OF HAP EMISSIONS

For each . . . You must meet the following requirement, except during periods of startup . . . During periods of startup you must . . . 

1. Non-Emergency, non-black start CI stationary RICE ≤300 HP.a. Change oil and filter every 1,000 hours of 

operation or annually, whichever comes 

first;1

b. Inspect air cleaner 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. 

Minimize the engine’s time spent at idle and 

minimize the engine’s startup time at startup to a period needed for appropriate and 

safe loading of the engine, not to exceed 

30 minutes, after which time the non-startup 

emission limitations apply. 

2. Non-Emergency, non-black start CI stationary RICE 300<HP≤500.a. Limit concentration of CO in the stationary 

RICE exhaust to 49 ppmvd at 15 percent 

O2; or 

b. Reduce CO emissions by 70 percent or 

more. 

3. Non-Emergency, non-black start CI stationary RICE >500 HP.a. Limit concentration of CO in the stationary 

RICE exhaust to 23 ppmvd at 15 percent 

O2; or 

b. Reduce CO emissions by 70 percent or 

more. 

4. Emergency stationary CI RICE and black 

start stationary CI RICE.2

a. Change oil and filter every 500 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 

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6710 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

TABLE 2d TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING STATIONARY RICE LOCATED AT AREA

SOURCES OF HAP EMISSIONS—Continued 

For each . . . You must meet the following requirement, except during periods of startup . . . During periods of startup you must . . . 

c. Inspect all hoses and belts every 500 hours 

of operation or annually, whichever comes 

first, and replace as necessary. 

5. Emergency stationary SI RICE; black start 

stationary SI RICE; non-emergency, nonblack start 4SLB stationary RICE >500 HP 

that operate 24 hours or less per calendar 

year; non-emergency, non-black start 4SRB 

stationary RICE >500 HP that operate 24 

hours or less per calendar year.2

a. Change oil and filter every 500 hours of operation or annually, whichever comes first;1; 

b. Inspect spark plugs every 1,000 hours of 

operation or annually, 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 start 2SLB stationary RICE.a. Change oil and 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 start 4SLB stationary RICE ≤500 HP.a. Change oil and filter every 1,440 hours of 

operation or annually, whichever comes 

first;1

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. 

8. Non-emergency, non-black start 4SLB remote stationary RICE >500 HP.a. Change oil and filter every 2,160 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 start 4SLB stationary RICE >500 HP that are not remote 

stationary RICE and that operate more than 

24 hours per calendar year.

Install an oxidation catalyst to reduce HAP 

emissions from the stationary RICE. 

10. Non-emergency, non-black start 4SRB stationary RICE ≤500 HP.a. Change oil and filter every 1,440 hours of 

operation or annually, whichever comes 

first;1

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. 

11. Non-emergency, non-black start 4SRB remote stationary RICE >500 HP.a. Change oil and filter every 2,160 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 start 4SRB stationary RICE >500 HP that are not remote 

stationary RICE and that operate more than 

24 hours per calendar year.

Install NSCR to reduce HAP emissions from 

the stationary RICE. 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6711 

TABLE 2d TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR EXISTING STATIONARY RICE LOCATED AT AREA

SOURCES OF HAP EMISSIONS—Continued 

For each . . . You must meet the following requirement, except during periods of startup . . . During periods of startup you must . . . 

13. Non-emergency, non-black start stationary 

RICE which combusts landfill or digester gas 

equivalent to 10 percent or more of the gross 

heat input on an annual basis.

a. Change oil and filter every 1,440 hours of 

operation or annually, whichever comes 

first;1

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. 

1Sources have the option to utilize an oil analysis program as described in § 63.6625(i) or (j) in order to extend the specified oil change requirement in Table 2d of this subpart. 2 If an emergency engine is operating during an emergency and it is not possible to shut down the engine in order to perform the management 

practice requirements on the schedule required in Table 2d of this subpart, or if performing the management practice on the required schedule 

would otherwise pose an unacceptable risk under federal, state, or local law, the management practice can be delayed until the emergency is 

over or the unacceptable risk under federal, state, or local law has abated. The management practice should be performed as soon as practicable after the emergency has ended or the unacceptable risk under federal, state, or local law has abated. Sources must report any failure to 

perform the management practice on the schedule required and the federal, state or local law under which the risk was deemed unacceptable. 

■ 33. Table 3 to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in §§ 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

For each . . . Complying with the requirement to . . . You must . . . 

1. New or reconstructed 2SLB stationary RICE 

>500 HP located at major sources; 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.

Reduce CO emissions and not using a CEMS Conduct subsequent performance tests semiannually.1

2. 4SRB stationary RICE ≥5,000 HP located at 

major sources.

Reduce formaldehyde emissions ..................... Conduct subsequent performance tests semiannually.1

3. Stationary RICE >500 HP located at major 

sources and new or reconstructed 4SLB stationary RICE 250≤HP≤500 located at major 

sources.

Limit the concentration of formaldehyde in the 

stationary RICE exhaust.

Conduct subsequent performance tests semiannually.1

4. Existing non-emergency, non-black start CI 

stationary RICE >500 HP that are not limited 

use stationary RICE.

Limit or reduce CO emissions and not using a 

CEMS.

Conduct subsequent performance tests every 

8,760 hours or 3 years, whichever comes 

first. 

5. Existing non-emergency, non-black start CI 

stationary RICE >500 HP that are limited use 

stationary RICE.

Limit or reduce CO emissions and not using a 

CEMS.

Conduct subsequent performance tests every 

8,760 hours or 5 years, whichever comes 

first. 

1After 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. 

■ 34. Table 4 to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in §§ 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

For each . . . 

Complying with 

the requirement 

to . . . 

You must . . . Using . . . According to the following 

requirements . . . 

1. 2SLB, 4SLB, 

and CI stationary RICE.

a. reduce CO 

emissions.

i. Measure the O2 at the inlet and 

outlet of the control device; 

and 

(1) Method 3 or 3A or 3B of 40 

CFR part 60, appendix A, or 

ASTM Method D6522–00 (Reapproved 2005).a c

(a) Measurements to determine 

O2 must be made at the same 

time as the measurements for 

CO concentration. 

ii. Measure the CO at the inlet 

and the outlet of the control 

device.

(1) ASTM D6522–00 (Reapproved 2005) abc or Method 

10 of 40 CFR part 60, appendix A.

(a) The CO concentration must 

be at 15 percent O2, dry basis. 

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6712 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

TABLE 4 TO SUBPART ZZZZ OF PART 63. REQUIREMENTS FOR PERFORMANCE TESTS—Continued 

For each . . . 

Complying with 

the requirement 

to . . . 

You must . . . Using . . . According to the following 

requirements . . . 

2. 4SRB stationary RICE.a. reduce formaldehyde 

emissions.

i. Select the sampling port location and the number of traverse points; and (1) Method 1 or 1A of 40 CFR 

part 60, appendix A 

§ 63.7(d)(1)(i).

(a) sampling sites must be located at the inlet and outlet of 

the control device. 

ii. Measure O2 at the inlet and 

outlet of the control device; 

and 

(1) Method 3 or 3A or 3B of 40 

CFR part 60, appendix A, or 

ASTM Method D6522–00 (Reapproved 2005).a

(a) measurements to determine 

O2 concentration must be 

made at the same time as the 

measurements for formaldehyde or THC concentration. 

iii. Measure moisture content at 

the inlet and outlet of the control device; and 

(1) Method 4 of 40 CFR part 60, 

appendix A, or Test Method 

320 of 40 CFR part 63, appendix A, or ASTM D 6348–03.a

(a) measurements to determine 

moisture content must be 

made at the same time and location as the measurements 

for formaldehyde or THC concentration. 

iv. If demonstrating compliance 

with the formaldehyde percent 

reduction requirement, measure formaldehyde at the inlet 

and the outlet of the control 

device.

(1) Method 320 or 323 of 40 

CFR part 63, appendix A; or 

ASTM D6348–03,a provided in 

ASTM D6348–03 Annex A5 

(Analyte Spiking Technique), 

the percent R must be greater 

than or equal to 70 and less 

than or equal to 130.

(a) formaldehyde concentration 

must be at 15 percent O2, dry 

basis. Results of this test consist of the average of the three 

1-hour or longer runs. 

v. If demonstrating compliance 

with the THC percent reduction 

requirement, measure THC at 

the inlet and the outlet of the 

control device.

(1) Method 25A, reported as propane, of 40 CFR part 60, appendix A.(a) THC concentration must be at 

15 percent O2, dry basis. Results of this test consist of the 

average of the three 1-hour or 

longer runs. 

3. Stationary 

RICE.

a. limit the concentration of 

formaldehyde 

or CO in the 

stationary 

RICE exhaust.

i. Select the sampling port location and the number of traverse points; and (1) Method 1 or 1A of 40 CFR 

part 60, appendix A 

§ 63.7(d)(1)(i).

(a) if using a control device, the 

sampling site must be located 

at the outlet of the control device. 

ii. Determine the O2 concentration of the stationary RICE exhaust at the sampling port location; and (1) Method 3 or 3A or 3B of 40 

CFR part 60, appendix A, or 

ASTM Method D6522–00 (Reapproved 2005).a

(a) measurements to determine 

O2 concentration must be 

made at the same time and location as the measurements 

for formaldehyde or CO concentration. 

iii. Measure moisture content of 

the stationary RICE exhaust at 

the sampling port location; and 

(1) Method 4 of 40 CFR part 60, 

appendix A, or Test Method 

320 of 40 CFR part 63, appendix A, or ASTM D 6348–03.a

(a) measurements to determine 

moisture content must be 

made at the same time and location as the measurements 

for formaldehyde or CO concentration. 

iv. Measure formaldehyde at the 

exhaust of the stationary RICE; 

or 

(1) Method 320 or 323 of 40 

CFR part 63, appendix A; or 

ASTM D6348–03,a provided in 

ASTM D6348–03 Annex A5 

(Analyte Spiking Technique), 

the percent R must be greater 

than or equal to 70 and less 

than or equal to 130.

(a) Formaldehyde concentration 

must be at 15 percent O2, dry 

basis. Results of this test consist of the average of the three 

1-hour or longer runs. 

v. measure CO at the exhaust of 

the stationary RICE. 

(1) Method 10 of 40 CFR part 

60, appendix A, ASTM Method 

D6522–00 (2005),a c Method 

320 of 40 CFR part 63, appendix A, or ASTM D6348–03.a

(a) CO concentration must be at 

15 percent O2, dry basis. Results of this test consist of the 

average of the three 1-hour or 

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. bYou may also use Method 320 of 40 CFR part 63, appendix A, or ASTM D6348–03. 

cASTM–D6522–00 (2005) may be used to test both CI and SI stationary RICE. 

■ 35. Table 5 to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in §§ 63.6612, 63.6625 and 

63.6630, you must initially comply with 

the emission and operating limitations 

as required by the following: 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6713 

TABLE 5 TO SUBPART ZZZZ OF PART 63—INITIAL COMPLIANCE WITH EMISSION LIMITATIONS, OPERATING LIMITATIONS, 

AND OTHER REQUIREMENTS

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

. . . 

1. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

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

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

a major source of HAP, and existing nonemergency stationary CI RICE >500 HP located at an area source of HAP.

a. Reduce CO emissions and using oxidation 

catalyst, and using a CPMS.

i. The average reduction of emissions of CO 

determined from the initial performance test 

achieves the required CO percent reduction; and 

ii. You have installed a CPMS to continuously 

monitor catalyst inlet temperature according 

to the requirements in § 63.6625(b); and 

iii. You have recorded the catalyst pressure 

drop and catalyst inlet temperature during 

the initial performance test. 

2. Non-emergency stationary CI RICE >500 HP 

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

HP located at an area source of HAP.

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

from the initial performance test is less than 

or equal to the CO emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor catalyst inlet temperature according 

to the requirements in § 63.6625(b); and 

iii. You have recorded the catalyst pressure 

drop and catalyst inlet temperature during 

the initial performance test. 

3. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

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

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

a major source of HAP, and existing nonemergency stationary CI RICE >500 HP located at an area source of HAP.

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

determined from the initial performance test 

achieves the required CO percent reduction; and 

ii. You have installed a CPMS to continuously 

monitor operating parameters approved by 

the Administrator (if any) according to the 

requirements in § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

4. Non-emergency stationary CI RICE >500 HP 

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

HP located at an area source of HAP.

a. Limit the concentration of CO, and not 

using oxidation catalyst.

i. The average CO concentration determined 

from the initial performance test is less than 

or equal to the CO emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor operating parameters approved by 

the Administrator (if any) according to the 

requirements in § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

5. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

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

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

a major source of HAP, and existing nonemergency stationary CI RICE >500 HP located at an area source of HAP.

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

monitor CO and either O2 or CO2 at both 

the inlet and outlet of the oxidation catalyst 

according to the requirements in 

§ 63.6625(a); and 

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

CFR part 60, appendix B; and 

iii. The average reduction of CO calculated 

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

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

is based on the average percent reduction 

achieved during the 4-hour period. 

6. Non-emergency stationary CI RICE >500 HP 

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

HP located at an area source of HAP.

a. Limit the concentration of CO, and using a 

CEMS.

i. You have installed a CEMS to continuously 

monitor CO and either O2 or CO2 at the 

outlet of the oxidation catalyst according to 

the requirements in § 63.6625(a); and 

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

CFR part 60, appendix B; and 

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6714 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

TABLE 5 TO SUBPART ZZZZ OF PART 63—INITIAL COMPLIANCE WITH EMISSION LIMITATIONS, OPERATING LIMITATIONS, 

AND OTHER REQUIREMENTS—Continued 

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

. . . 

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

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

after successful validation of the CEMS. 

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

7. Non-emergency 4SRB stationary RICE >500 

HP located at a major source of HAP.

a. Reduce formaldehyde emissions and using 

NSCR.

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

the required formaldehyde percent reduction, 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 § 63.6625(b); and 

iii. You have recorded the catalyst pressure 

drop and catalyst inlet temperature during 

the initial performance test. 

8. Non-emergency 4SRB stationary RICE >500 

HP located at a major source of HAP.

a. Reduce formaldehyde emissions and not 

using NSCR.

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

the required formaldehyde percent reduction 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 § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

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

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

250≤HP≤500 located at a major source of 

HAP, and existing non-emergency 4SRB stationary RICE >500 HP located at a major 

source of HAP.

a. Limit the concentration of formaldehyde in 

the stationary RICE exhaust and using oxidation catalyst or NSCR.

i. The average formaldehyde concentration, 

corrected to 15 percent O2, dry basis, from 

the three test runs is less than or equal to 

the formaldehyde emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor catalyst inlet temperature according 

to the requirements in § 63.6625(b); and 

iii. You have recorded the catalyst pressure 

drop and catalyst inlet temperature during 

the initial performance test. 

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

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

250≤HP≤500 located at a major source of 

HAP, and existing non-emergency 4SRB stationary RICE >500 HP located at a major 

source of HAP.

a. Limit the concentration of formaldehyde in 

the stationary RICE exhaust and not using 

oxidation catalyst or NSCR.

i. The average formaldehyde concentration, 

corrected to 15 percent O2, dry basis, from 

the three test runs is less than or equal to 

the formaldehyde emission limitation; and 

ii. You have installed a CPMS to continuously 

monitor operating parameters approved by 

the Administrator (if any) according to the 

requirements in § 63.6625(b); and 

iii. You have recorded the approved operating 

parameters (if any) during the initial performance test. 

11. Existing non-emergency stationary RICE 

100≤HP≤500 located at a major source of 

HAP, and existing non-emergency stationary 

CI RICE 300<HP≤500 located at an area 

source of HAP.

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

or formaldehyde, as applicable determined 

from the initial performance test is equal to 

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

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6715 

TABLE 5 TO SUBPART ZZZZ OF PART 63—INITIAL COMPLIANCE WITH EMISSION LIMITATIONS, OPERATING LIMITATIONS, 

AND OTHER REQUIREMENTS—Continued 

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

. . . 

12. Existing non-emergency stationary RICE 

100≤HP≤500 located at a major source of 

HAP, and existing non-emergency stationary 

CI RICE 300<HP≤500 located at an area 

source of HAP.

a. Limit the concentration of formaldehyde or 

CO in the stationary RICE exhaust.

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

percent O2, dry basis, from the three test 

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

13. Existing non-emergency 4SLB stationary 

RICE >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.

a. Install an oxidation catalyst ......................... i. You have conducted an initial compliance 

demonstration as specified in § 63.6630(e) 

to show 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 § 63.6625(b), or you 

have installed equipment to automatically 

shut down the engine if the catalyst inlet 

temperature exceeds 1350 °F. 

14. Existing non-emergency 4SRB stationary 

RICE >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.

a. Install NSCR ................................................ i. You have conducted an initial compliance 

demonstration as specified in § 63.6630(e) 

to show 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 § 63.6625(b), or you 

have installed equipment to automatically 

shut down the engine if the catalyst inlet 

temperature exceeds 1250 °F. 

■ 36. Table 6 to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in § 63.6640, you must 

continuously comply with the 

emissions and operating limitations and 

work or management practices as 

required by the following: 

TABLE 6 TO SUBPART ZZZZ OF PART 63—CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS, AND OTHER

REQUIREMENTS

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

by . . . 

1. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

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

located at a major source of HAP, and new 

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

source of HAP.

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

for CO to demonstrate that the required CO 

percent reduction is achieved a; and 

ii. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

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

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

v. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

2. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

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

located at a major source of HAP, and new 

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

source of HAP.

a. Reduce CO emissions and not using an 

oxidation catalyst, and using a CPMS.

i. Conducting semiannual performance tests 

for CO to demonstrate that the required CO 

percent reduction is achieved a; and 

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

and 

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

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6716 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

TABLE 6 TO SUBPART ZZZZ OF PART 63—CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS, AND OTHER

REQUIREMENTS—Continued 

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

by . . . 

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

3. New or reconstructed non-emergency 2SLB 

stationary RICE >500 HP located at a major 

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

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

RICE >500 HP located at a major source of 

HAP, and existing non-emergency stationary 

CI RICE >500 HP.

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

§ 63.6625(a), reducing the measurements 

to 1-hour averages, calculating the percent 

reduction or concentration of CO emissions 

according to § 63.6620; and 

ii. Demonstrating that the catalyst achieves 

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

that the emission remain at or below the 

CO concentration limit; and 

iii. Conducting an annual RATA of your CEMS 

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

quality checks in accordance with 40 CFR 

part 60, appendix F, procedure 1. 

4. Non-emergency 4SRB stationary RICE >500 

HP located at a major source of HAP.

a. Reduce formaldehyde emissions and using 

NSCR.

i. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

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

iii. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

iv. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

5. Non-emergency 4SRB stationary RICE >500 

HP located at a major source of HAP.

a. Reduce formaldehyde emissions and not 

using NSCR.

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

and 

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

iii. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

6. Non-emergency 4SRB stationary RICE with 

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

of HAP.

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

formaldehyde to demonstrate that the required formaldehyde percent reduction is 

achieved, 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-emergency stationary RICE >500 HP located at a major 

source of HAP and new or reconstructed 

non-emergency 4SLB stationary RICE 

250≤HP≤500 located at a major source of 

HAP.

a. Limit the concentration of formaldehyde in 

the stationary RICE exhaust and using oxidation catalyst or NSCR.

i. Conducting semiannual performance tests 

for formaldehyde to demonstrate that your 

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

ii. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

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

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

v. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6717 

TABLE 6 TO SUBPART ZZZZ OF PART 63—CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS, AND OTHER

REQUIREMENTS—Continued 

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

by . . . 

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

source of HAP and new or reconstructed 

non-emergency 4SLB stationary RICE 

250≤HP≤500 located at a major source of 

HAP.

a. Limit the concentration of formaldehyde in 

the stationary RICE exhaust and not using 

oxidation catalyst or NSCR.

i. Conducting semiannual performance tests 

for formaldehyde to demonstrate that your 

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

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

and 

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

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

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

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

source of HAP, existing emergency and black 

start stationary RICE located at an area 

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

source of HAP, existing non-emergency 

2SLB stationary RICE located at an area 

source of HAP, existing non-emergency stationary SI RICE located at an area source of 

HAP which combusts landfill or digester gas 

equivalent to 10 percent or more of the gross 

heat input on an annual basis, existing nonemergency 4SLB and 4SRB stationary RICE 

≤500 HP located at an area source of HAP, 

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

source of HAP that operate 24 hours or less 

per calendar year, and existing non-emergency 4SLB and 4SRB stationary RICE >500 

HP located at an area source of HAP that 

are remote stationary RICE.

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

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

ii. Develop and follow your own maintenance 

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

of the engine in a manner consistent with 

good air pollution control practice for minimizing emissions. 

10. Existing stationary CI RICE >500 HP that 

are not limited use stationary RICE.

a. Reduce CO emissions, or limit the concentration of CO in the stationary RICE exhaust, and using oxidation catalyst.i. Conducting performance tests every 8,760 

hours or 3 years, whichever comes first, for 

CO or formaldehyde, as appropriate, to 

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

is achieved or that your emissions remain 

at or below the CO or formaldehyde concentration limit; and 

ii. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

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

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

v. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

11. Existing stationary CI RICE >500 HP that 

are not limited use stationary RICE.

a. Reduce CO emissions, or limit the concentration of CO in the stationary RICE exhaust, and not using oxidation catalyst.i. Conducting performance tests every 8,760 

hours or 3 years, whichever comes first, for 

CO or formaldehyde, as appropriate, to 

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

is achieved or that your emissions remain 

at or below the CO or formaldehyde concentration limit; and 

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

and 

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6718 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

TABLE 6 TO SUBPART ZZZZ OF PART 63—CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS, AND OTHER

REQUIREMENTS—Continued 

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

by . . . 

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

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

12. Existing limited use CI stationary RICE 

>500 HP.

a. Reduce CO emissions or limit the concentration of CO in the stationary RICE exhaust, and using an oxidation catalyst.i. Conducting performance tests every 8,760 

hours or 5 years, whichever comes first, for 

CO or formaldehyde, as appropriate, to 

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

is achieved or that your emissions remain 

at or below the CO or formaldehyde concentration limit; and 

ii. Collecting the catalyst inlet temperature 

data according to § 63.6625(b); and 

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

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the catalyst inlet temperature; and 

v. Measuring the pressure drop across the 

catalyst once per month and demonstrating 

that the pressure drop across the catalyst is 

within the operating limitation established 

during the performance test. 

13. Existing limited use CI stationary RICE 

>500 HP.

a. Reduce CO emissions or limit the concentration of CO in the stationary RICE exhaust, and not using an oxidation catalyst.i. Conducting performance tests every 8,760 

hours or 5 years, whichever comes first, for 

CO or formaldehyde, as appropriate, to 

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

is achieved or that your emissions remain 

at or below the CO or formaldehyde concentration limit; and 

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

and 

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

iv. Maintaining the 4-hour rolling averages 

within the operating limitations for the operating parameters established during the 

performance test. 

14. Existing non-emergency 4SLB stationary 

RICE >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.

a. Install an oxidation catalyst ......................... i. Conducting annual compliance demonstrations as specified in § 63.6640(c) to show 

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; and either 

ii. Collecting the catalyst inlet temperature 

data according to § 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 °F 

and less than or equal to 1350 °F for the 

catalyst inlet temperature; or 

iii. Immediately shutting down the engine if 

the catalyst inlet temperature exceeds 1350 

°F. 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6719 

TABLE 6 TO SUBPART ZZZZ OF PART 63—CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS, AND OTHER

REQUIREMENTS—Continued 

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

by . . . 

15. Existing non-emergency 4SRB stationary 

RICE >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.

a. Install NSCR ................................................ i. Conducting annual compliance demonstrations as specified in § 63.6640(c) to show 

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; and either 

ii. Collecting the catalyst inlet temperature 

data according to § 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 °F and less than or equal to 1250 °F 

for the catalyst inlet temperature; or 

iii. Immediately shutting down the engine if 

the catalyst inlet temperature exceeds 1250 

°F. 

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

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

■ 37. Table 7 to Subpart ZZZZ of Part 

63 is revised to read as follows: 

As stated in § 63.6650, you must 

comply with the following requirements 

for reports: 

TABLE 7 TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR REPORTS

For each . . . You must submit a . . . The report must contain . . . You must submit the report . . . 

1. Existing non-emergency, nonblack start stationary RICE 

100≤HP≤500 located at a major 

source of HAP; existing nonemergency, non-black start stationary CI RICE >500 HP located at a major source of HAP; 

existing non-emergency 4SRB 

stationary RICE >500 HP located at a major source of HAP; 

existing non-emergency, nonblack start stationary CI RICE 

>300 HP located at an area 

source of HAP; new or reconstructed non-emergency stationary RICE >500 HP located at 

a major source of HAP; and new 

or reconstructed non-emergency 

4SLB stationary RICE 

250≤HP≤500 located at a major 

source of HAP.

Compliance report ........................ a. If there are no deviations from 

any emission limitations or operating limitations that apply to 

you, a statement that there 

were no deviations from the 

emission limitations or operating limitations during the reporting period. If there were no 

periods during which the CMS, 

including CEMS and CPMS, 

was out-of-control, as specified 

in § 63.8(c)(7), a statement that 

there were not periods during 

which the CMS was out-of-control during the reporting period; 

or 

i. Semiannually according to the 

requirements in 

§ 63.6650(b)(1)–(5) for engines 

that are not limited use stationary RICE subject to numerical emission limitations; and 

ii. Annually according to the requirements in § 63.6650(b)(6)– 

(9) for engines that are limited 

use stationary RICE subject to 

numerical emission limitations. 

b. If you had a deviation from any 

emission limitation or operating 

limitation during the reporting 

period, the information in 

§ 63.6650(d). If there were periods during which the CMS, including CEMS and CPMS, was 

out-of-control, as specified in 

§ 63.8(c)(7), the information in 

§ 63.6650(e); or 

i. Semiannually according to the 

requirements in § 63.6650(b). 

c. If you had a malfunction during 

the reporting period, the information in § 63.6650(c)(4). 

i. Semiannually according to the 

requirements in § 63.6650(b). 

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6720 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

TABLE 7 TO SUBPART ZZZZ OF PART 63—REQUIREMENTS FOR REPORTS—Continued 

For each . . . You must submit a . . . The report must contain . . . You must submit the report . . . 

2. New or reconstructed non-emergency stationary RICE that combusts landfill gas or digester gas 

equivalent to 10 percent or more 

of the gross heat input on an annual basis.

Report ........................................... a. The fuel flow rate of each fuel 

and the heating values that 

were used in your calculations, 

and you must demonstrate that 

the percentage of heat input 

provided by landfill gas or digester gas, is equivalent to 10 

percent or more of the gross 

heat input on an annual basis; 

and 

i. Annually, according to the requirements in § 63.6650. 

b. The operating limits provided in 

your federally enforceable permit, and any deviations from 

these limits; and 

i. See item 2.a.i. 

c. Any problems or errors suspected with the meters. i. See item 2.a.i. 

3. Existing non-emergency, nonblack start 4SLB and 4SRB stationary RICE >500 HP located at 

an area source of HAP that are 

not remote stationary RICE and 

that operate more than 24 hours 

per calendar year.

Compliance report ........................ a. The results of the annual compliance demonstration, if conducted during the reporting period. i. Semiannually according to the 

requirements in 

§ 63.6650(b)(1)–(5). 

4. Emergency stationary RICE that 

operate or are contractually obligated to be available for more 

than 15 hours per year for the 

purposes specified in 

§ 63.6640(f)(2)(ii) and (iii) or that 

operate for the purposes specified in 

§ 63.6640(f)(4)( ii).

Report ........................................... a. The information in 

§ 63.6650(h)(1).

i. annually according to the requirements in § 63.6650(h)(2)– 

(3). 

■ 38. Table 8 to Subpart ZZZZ of Part 

63 is amended by: 

■ a. Revising the entry for § 63.8(c)(1)(i); 

■ b. Revising the entry for 

§ 63.8(c)(1)(iii); and 

■ c. Revising the entry for § 63.10(b)(1) 

to read as follows: 

As stated in § 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 

*******

§ 63.8(c)(1)(i) ...................................... Routine and predictable SSM .................. No .....................

*******

§ 63.8(c)(1)(iii) ..................................... Compliance with operation and maintenance requirements.No .....................

*******

§ 63.10(b)(1) ....................................... Record retention ....................................... Yes ................... Except that the most recent 2 years of 

data do not have to be retained on site. 

*******

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 6721 

■ 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; postsampling 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 presampling 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/PostSampling 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 

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6722 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

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 extractionpoint 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 nonreactive 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 °C or 

°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 upscale O2 calibration gas. 

7.1.3 Zero Gas. Use an inert gas that 

contains less than 0.25 percent of the upscale 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 presampling 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. 

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

Facilityllllllllll Engine I.D.llllllllll Datellllll 

Run Type: ......................................... (l) (l) (l) (l) 

(X) ..................................................... Pre-Sample Calibration Stack Gas Sample Post-Sample Cal. Check Repeatability Check 

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 .. ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

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6724 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations 

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

....................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

Mean ............ ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

....................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

Refresh .........

Phase ........... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

′′ .................... ............ ............ ............ ............ ............ ............ ............ ............ ........................ ........................ ........................

[FR Doc. 2013–01288 Filed 1–29–13; 8:45 am] 

BILLING CODE 6560–50–P 

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