To: Cortney_Higgins@omb.eop.gov 

From: Melanie King/RTP/USEPA/US 

Date: 01/09/2013 03:54PM 

Cc: RobertJ Wayland/RTP/USEPA/US@EPA, Larry Sorrels/RTP/USEPA/US@EPA, Amy 

Lamson/RTP/USEPA/US@EPA, Michael Horowitz/DC/USEPA/US@EPA, Paula 

VanLare/DC/USEPA/US@EPA, Paul Balserak/DC/USEPA/US@EPA 

Subject: revised RICE preamble/reg 

Cortney, 

We made some edits to the preamble/reg based on the interagency comments, and also 

some internal comments on the IBR language, corrections, newly available updated EIA data, 

etc. Please see the attached redline/strikeout version that shows the edits we have made. I 

also went through the file you sent that had comments and inserted some comments in 

response to some of the questions that were asked, so that is attached is well. 

 Unfortunately the comment bubbles don't differentiate between OMB's comments and EPA's 

responses in every case, but hopefully you can discern what's what. Please let me know if 

you have any questions. 

(See attached file: EO12866_RICE_Reconsideration_2060-AQ58_Final_2012-12-

06_InteragencyCommentsunderEO13563 EPA responses.docx)(See attached file: E O 12866 

RICE Reconsideration 2060-AQ58 Final 20130109 pm redline.docx) 

Melanie King 

Energy Strategies Group 

Sector Policies and Programs Division 

Office of Air Quality Planning and Standards 

U.S. Environmental Protection Agency 

Mail Code D243-01 

RTP, NC 27711 

Phone: (919) 541-2469 

Fax: (919) 541-5450 

king.melanie@epa.gov

=
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

E.O. 12866 RICE Reconsideration 2060-AQ58 Final 20130109

6560-50-P 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 63 

[EPA-HQ-OAR-2008-0708, FRL-XXXX-Y] 

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 

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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 [INSERT DATE 60 DAYS 

AFTER PUBLICATION IN THE FEDERAL REGISTER]. The incorporation by 

reference of certain publications listed in this final rule is 

approved by the Director of the Federal Register as of [INSERT 

DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. 

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-OAR2005-0029, 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 website. 

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 
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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? 

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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. Remote Areas of Alaska 

G. 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 

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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. 

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 

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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 
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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 
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Page 8 of 227 

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 

location1

, or, if the engine is not on a pipeline, if within a 

0.25 mile radius of the facility there are 5 or fewer buildings 

intended for human occupancy. The EPA determined that a 0.25 

mile radius was appropriate because it is similar to the area 

used for the DOT Class 1 pipeline location. This final rule 

establishes management practices for these sources rather than 

numeric emission limits and associated testing and monitoring. 

This provision and the division of remote and non-remote engines 

into two separate subcategories addresses reasonable concerns 

with accessibility, infrastructure and staffing that stem from 

the remoteness of the engines and higher costs that would be 

associated with compliance with the existing requirements. 

Existing stationary 4-stroke SI engines above 500 HP at area 

sources that are in populated areas (defined as not in DOT 

pipeline Class 1 areas, or if not on a pipeline, if within a 

0.25 mile radius of the engine there are more than 5 buildings 

intended for human occupancy) are subject to an equipment 

standard that requires the installation of HAP-reducing 

 

1

 A Class 1 location is defined as an offshore area or any class 

location unit that has 10 or fewer buildings intended for human 

occupancy and no buildings with four or more stories within 220 

yards (200 meters) on either side of the centerline of any 

continuous 1-mile (1.6 kilometers) length of pipeline.

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Page 9 of 227 

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 standards2

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 

 

2

 See 40 CFR part 89-- Control of Emissions from New and In-Use 

Nonroad Compression-Ignition Engines.
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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 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 
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Page 11 of 227 

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 nonemergency 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 
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Page 12 of 227 

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 $251 million $115 million ($2010)

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($2009) ($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

Moved (insertion) [1]

Moved up [1]: 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. 
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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 the monetized co-benefits in 2013 of the 

original 2010 RICE NESHAP amendments with these final amendments 

incorporated to be $830 million to $2,100 million (2010 dollars) 

at a 3-percent discount rate and $740 million to $1,800 million 

(2010 dollars) at a 7-percent discount rate. The benefits that 

were estimated for the original 2010 RICE NESHAP amendments were 

$1,500 million to $3,600 million (2010 dollars) at a 3-percent 

discount rate and $1,300 million to $3,200 million (2010 

dollars) at a 7-percent discount rate. A summary of the 

monetized co-benefits estimates for CI and SI engines at 

discount rates of 3 percent and 7 percent for the original 2010 

final rule and the 2010 final rule with these final amendments 

incorporated into the rule is in Table 3 of this preamble.

Table 3. Summary of the Monetized PM2.5 Co-Benefits Final 

Amendments to the NESHAP for Stationary CI and SI Engines 

(millions of 2010 dollars)a, b

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Pollutant

Emission 

reductions 

(tons per 

year)

Total monetized 

co-benefits

(3 percent 

Discount)

Total monetized 

co-benefits

(7 percent 

Discount)

Original 2010 Final Rulesc

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 a

 All estimates are for the analysis year (2013) and are rounded 

to two significant figures so numbers may not sum across rows. 

The total monetized co-benefits reflect the human health 

benefits associated with reducing exposure to PM2.5 through 

reductions of PM2.5 precursors, such as NOx and directly emitted 

PM2.5. It is important to note that the monetized co-benefits do 

not include reduced health effects from exposure to HAP, direct 

exposure to NO2, exposure to ozone, ecosystem effects or 

visibility impairment. 

b

 PM co-benefits are shown as a range from Pope, et al. (2002) to 

Laden, et al. (2006). These models assume that all fine 

particles, regardless of their chemical composition, are equally 

potent in causing premature mortality because the scientific 

evidence is not yet sufficient to allow differentiation of 

effects estimates by particle type.

c

 The benefits analysis for the 2010 final rules applied outdated benefit-per-ton estimates compared to the updated 

estimates described in this preamble and reflected monetized cobenefits 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.
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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),4,5 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?

 

4

 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_Bookm

arked.pdf.

5

 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.

Deleted: we have updated 

Deleted: epidemiology studies used to 

calculate

Deleted: proposal 

Deleted: .3 These updates would 

reduce the monetized

Deleted: estimated 

Deleted: the final RICE amendments by 

less

Deleted: 4 percent

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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 Electric power generation, 

transmission, or distribution. 

622110 Medical and surgical hospitals. 

48621 Natural gas transmission. 

211111 Crude petroleum and natural gas 

production. 

211112 Natural gas liquids producers. 

92811 National security. 

1 North American Industry Classification System. 

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 

Formatted Table

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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 [INSERT DATE 60 DAYS AFTER PUBLICATION IN FEDERAL REGISTER]. 

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 

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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 

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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 

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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 
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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 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, 
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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 

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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 
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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 
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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.6

 

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, 

 

6

 See document number EPA-HQ-OAR-2008-0708-1142 in the rulemaking 

docket.

Formatted: Font color: Black
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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 local 

transmission and distribution system operator has determined 

that there are conditions that could lead to a blackout for the 
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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 

Deleted: proposed 

Deleted: in the proposed rule 

Deleted: non-emergency 
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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. 
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 The owner or operator has a pre-existing plan that 

contemplates the engine’s operation under the circumstances 

described above; and 

 The owner or operator identifies and records the specific 

NERC, regional, state, public utility commission or local 

standards or guidelines that are being followed for 

dispatching the engine. The local balancing authority or 

local transmission and distribution system operator may 

keep these records on behalf of the engine owner or 

operator. 

For all engines operating to satisfy emergency demand 

response or system reliability under the circumstances described 

above, the hours spent for emergency demand response operation 

and local system reliability are added to the hours spent for 

maintenance and testing purposes and are counted towards the 

limit of 100 hours per year. If the total time spent for 

maintenance and testing, emergency demand response, and system 

reliability operation exceeds 100 hours per year, the engine 

will not be considered an emergency engine under this subpart 

and will need to meet all requirements for non-emergency 

engines. 

 As noted above, the EPA received comments expressing 

concerns about the emissions from emergency engines, noting that 

the engines are likely to be dispatched on days when energy 
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Page 31 of 227 

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-
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Page 32 of 227 

ULSD distillate fuel, the most recent U.S. Energy Information 

Administration data available for sales of distillate and 

residual fuel oil to end users7

 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 commenters8

 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 

 

7

 U.S. Energy Information Administration. Distillate Fuel Oil and 

Kerosene Sales by End Use. Available at 

http://www.eia.gov/dnav/pet/pet_cons_821use_dcu_nus_a.htm.

8

 See document number EPA-HQ-OAR-2008-0708-1459 in the rulemaking 

docket.

Deleted: 2010

Deleted: 45

Deleted: 68

Deleted: 20
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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 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 
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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 
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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. 

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. 
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 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. 
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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 nonemergency operation, including peak shaving. The peak shaving 

provision was proposed to expire in April 2017. As discussed 

further in section III.B, the EPA is not finalizing the proposed 

temporary 50-hour provision for existing stationary emergency 

engines located at area sources engaged in peak shaving and 

other non-emergency use as part of a financial arrangement with 

another entity. However, in consideration of the short time 

between this final rule and the May 3, 2013, or October 19, 

2013, compliance dates for affected sources, this final rule 

includes a provision limiting the use of existing stationary 

emergency engines located at area sources to 50 hours per year 

prior to May 3, 2014, for peak shaving or non-emergency demand 

response to generate income for a facility, or to otherwise 

supply power as part of a financial arrangement with another 

entity if the engines are operated as part of a peak shaving 

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(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. 

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 

Formatted: Level 1
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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, 
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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 
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Page 41 of 227 

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 
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Page 42 of 227 

manner consistent with good air pollution control practice for 

minimizing emissions. 

Owners and operators of engines in sparsely populated areas 

would have to conduct a review of the surrounding area every 12 

months to determine if the nearby population has changed. If the 

engine no longer meets the criteria for a sparsely populated 

area, the owner and operator must within 1 year comply with the 

emission standards specified below for populated areas. 

 For engines in populated areas, i.e., existing stationary 

4SLB and 4SRB non-emergency engines greater than 500 HP at area 

sources that are located on DOT Class 2 through Class 4 pipeline 

segments or, for engines not associated with pipelines, that do 

not meet the 0.25 mile radius with 5 or less buildings criteria, 

the EPA is revising the requirements that were finalized in the 

2010 rule. The EPA is adopting an equipment standard requiring 

the installation of a catalyst to reduce HAP emissions. Owners 

and operators of existing area source 4SLB non-emergency engines 

greater than 500 HP in populated areas would be required to 

install an oxidation catalyst. Owners and operators of existing 

area source 4SRB non-emergency engines greater than 500 HP in 

populated areas would be required to install NSCR. Owners and 

operators must conduct an initial test to demonstrate that the 

engine achieves at least a 93 percent reduction in CO emissions 

or a CO concentration level of 47 ppmvd at 15 percent O2, if the 
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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 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 
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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 
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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 

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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 
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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. Remote Areas of Alaska

 The RICE NESHAP amendments finalized in 2010 specified less 

stringent requirements for existing non-emergency CI engines at 

area sources located in remote areas of Alaska. Remote areas are 

defined under the 2010 rule as those not accessible by the FAHS.

In this action, the EPA is expanding the definition of remote 

areas of Alaska to extend beyond areas that are not accessible 

by the FAHS. The EPA is expanding the current definition because 

some areas that are accessible by the FAHS face the same 

challenges as areas that are not accessible, including high 

Formatted: Level 1

Deleted: The EPA is expanding the 

current
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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 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 
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smaller capacity facilities, which are generally in more 

sparsely populated areas. 

G. Offshore Vessels

 The EPA is revising the requirements in the RICE NESHAP for 

existing non-emergency CI RICE greater than 300 HP on offshore 

vessels that are area sources of HAP. Engines on vessels on the 

OCS in certain circumstances become subject to the provisions of 

the RICE NESHAP as a result of the operation of the OCS 

regulations at 40 CFR part 55. The rationale for this revision 

is discussed further in section III.D. The EPA is finalizing the 

following management practice requirements for existing 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 

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 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 Formatted: Level 1
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 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.” 
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 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. 
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 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 
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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). 

 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.
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 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. 

Formatted: Level 1
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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 
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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. 
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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 
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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 

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 
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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 
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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 
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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 
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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 Formatted: Level 1
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 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 nonemergency 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). 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 

Deleted: Commenters noted that the 

allowance was not necessary for 

maintaining electric reliability, 

and that alternative methods for 

meeting peak demand are readily 

available. In addition, commenters 

indicated that use

Deleted: .
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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 into 

compliance with the NESHAP From Coal and Oil-Fired Electric 

Utility Steam Generating Units, and the commenters who supported 

the limited temporary provision did not provide information to 

show that rule would cause reliability issues that necessitate 

the operation of these engines. The EPA believes that given this 

information, it is appropriate to treat use of internal 

combustion engines as peak power units not as emergency use but 

as normal power generation, and thus believes it is appropriate 

to require emissions aftertreatment requirements (or similar 

controls as appropriate for non-emergency engines) for engines 

engaging in these activities for compensation. Further 

discussion is available in the Response to Public Comments 

document in the docket. 

 However, in consideration of the short time between this 

final rule and the May 3, 2013, or October 19, 2013 compliance 

dates for affected sources, this final rule permits the use of 

existing stationary emergency engines located at area sources 

for 50 hours per year through May 3, 2014 for peak shaving or 
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Page 66 of 227 

non-emergency demand response to generate income for a facility, 

or to otherwise supply power as part of a financial arrangement 

with another entity if the engines are operated as part of a 

peak shaving (load management) program with the local 

distribution system operator and the power is provided only to 

the facility itself or to support the local distribution system. 

Owners and operators of these engines, which have heretofore not 

been regulated, may have taken actions based on the June 7, 

2012, proposal that would now leave them in danger of being in 

noncompliance with the applicable requirements for the engine in 

the RICE NESHAP. 

C. Non-Emergency Stationary SI RICE Greater than 500 HP Located 

at Area Sources

 The EPA proposed to require existing stationary nonemergency 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 

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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 
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Page 68 of 227 

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 

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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. 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, 

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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 

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 
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Page 71 of 227 

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. Based on the comments received during the two 
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Page 72 of 227 

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 

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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 

Deleted: 1

Deleted: 1

Formatted Table
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demonstrated that these engines have been operated very 

infrequently for emergency demand response events.9

 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 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?

 

9

See document number EPA-HQ-OAR-2008-0708-1142 in the rulemaking 

docket.
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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 

Deleted: 2

Formatted: Level 1

Deleted: 2

Formatted Table
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changes to the NSPS are minor and are not expected to impact the 

costs of those rules. 

C. What are the benefits?

Emission controls installed to meet the requirements of 

this final rule will generate benefits by reducing emissions of 

HAP as well as criteria pollutants and their precursors, 

including CO, NOx and VOC. NOx and VOC are precursors to PM2.5 

(particles smaller than 2.5 microns) and ozone. The criteria 

pollutant benefits are considered co-benefits for this rule. For 

this final rule, the EPA was only able to quantify the health 

co-benefits associated with reduced exposure to PM2.5 from 

emission reductions of NOx and directly emitted PM2.5. The EPA 

has not re-estimated the benefits from the proposal for this 

final rule because the emission reductions have not changed 

since the reconsideration proposal. 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 RIA,11,12 including updated epidemiology studies, 

 

11 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_Bookm

arked.pdf.

12 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. 

Deleted: updated 

Deleted: epidemiology studies used to 

calculate

Deleted: proposal RIA.10 These 

updates would reduce
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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. 

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.13 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.14

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 

 

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.

13 U.S. Environmental Protection Agency. 2010. Regulatory Impact 

Analysis (RIA) for Existing Stationary Compression Ignition 

Engines NESHAP: Final Draft. Research Triangle Park, NC. 

February. 

http://www.epa.gov/ttn/ecas/regdata/RIAs/CIRICENESHAPRIA2-17-

0cleanpublication.pdf.

14 U.S. Environmental Protection Agency. 2010. Regulatory Impact 

Analysis (RIA) for Existing Stationary Spark Ignition (SI) RICE 

NESHAP: Final Report. Research Triangle Park, NC. August. 

http://www.epa.gov/ttn/ecas/regdata/RIAs/riceriafinal.pdf.

Deleted: monetized benefits 

Deleted: the RICE NESHAP 

reconsideration by less

Deleted: 4 percent
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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 these two estimates.15 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. 

 

15 Roman, et al., 2008. Expert Judgment Assessment of the 

Mortality Impact of Changes in Ambient Fine Particulate Matter 

in the U.S., Environ. Sci. Technol., 42, 7, 2268 – 2274. 

Deleted: Regulatory Impact Analysis 

(RIA).

Deleted: 3
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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 Rulesc

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 a

 All estimates are for the analysis year (2013) and are rounded 

to two significant figures so numbers may not sum across rows. 

The total monetized co-benefits reflect the human health 

benefits associated with reducing exposure to PM2.5 through 

reductions of PM2.5 precursors, such as NOx and directly emitted 

PM2.5. It is important to note that the monetized co-benefits do 

not include reduced health effects from exposure to HAP, direct 

exposure to NO2, exposure to ozone, ecosystem effects or 

visibility impairment. 

b

 PM co-benefits are shown as a range from Pope, et al. (2002) to 

Laden, et al. (2006). These models assume that all fine 

particles, regardless of their chemical composition, are equally 

potent in causing premature mortality because the scientific 

evidence is not yet sufficient to allow differentiation of 

effects estimates by particle type. 

c

 The benefits analysis for the 2010 final rules applied outdated benefit-per-ton estimates compared to the updated 

estimates described in this preamble and reflected monetized cobenefits 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. 

Deleted: 3

Formatted Table

Formatted Table
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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).16 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.17,18 The primary difference between the estimates used in 

 

16 Fann, N., C.M. Fulcher, B.J. Hubbell. 2009. The influence of 

location, source, and emission type in estimates of the human 

health benefits of reducing a ton of air pollution. Air Qual 

Atmos Health (2009) 2:169–176.

17 U.S. Environmental Protection Agency. 2012. Technical support 

document: Estimating the benefit per ton of reducing PM2.5

precursors from other point sources. Research Triangle Park, NC. 18 Stationary engines are included in the other non-EGU point 

source category. If the affected stationary engines are more 
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this analysis and the estimates reported in Fann, Fulcher and 

Hubbell (2009) is the air quality modeling data utilized. While 

the air quality data used in Fann, Fulcher and Hubbell (2009) 

reflects broad pollutant/source category combinations, such as 

all non-EGU stationary point sources, the air quality modeling 

data used in this analysis has narrower sector categories. In 

addition, the updated air quality modeling data reflects more 

recent emissions data (2005 rather than 2001) and has a higher 

spatial resolution (12 km rather than 36 km grid cells). The 

benefits methodology, such as health endpoints assessed, risk 

estimates applied, and valuation techniques applied did not 

change. As a result, the benefit-per-ton estimates presented 

herein better reflect the geographic areas and populations 

likely to be affected by this sector. However, these updated 

estimates still have similar limitations as all national-average 

benefit-per-ton estimates in that they reflect the geographic 

distribution of the modeled emissions, which may not exactly 

match the emission reductions in this rulemaking, and they may 

not reflect local variability in population density, 

 

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.
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meteorology, exposure, baseline health incidence rates or other 

local factors for any specific location.19 

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. 

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 

 

19 To the extent that the PM2.5 improvements achieved by the 2010 

final rule would have been located in areas with lower average 

population density compared to the engines regulated under these 

amendments, there is a potential for the estimated loss in 

benefits to be overstated by the use of national-average 

benefit-per-ton estimates. For example, if only engines in areas 

with higher population density are regulated, this scenario 

should result in higher benefit-per-ton estimates than a 

scenario only regulating engines in areas with lower population 

density. It is important to note that the benefit-per-ton 

estimates that EPA applied in this assessment reflect pollution 

transport as well as a variety of emission source locations, 

including areas with high and low population density. Without 

information regarding the specific location of the engines 

affected by the 2010 final rule and the amendments, it is not 

possible to be more precise regarding the true magnitude of the 

loss in benefits.
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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 

PM2.5 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 cobenefits 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 study20 and the 

extended Six Cities cohort study.21 In the RIA for the proposed

 

20 Pope, et al., 2002. Lung Cancer, Cardiopulmonary Mortality, 

and Long-term Exposure to Fine Particulate Air Pollution. 

Journal of the American Medical Association 287:1132-1141. 

21 Laden, et al., 2006. Reduction in Fine Particulate Air 

Pollution and Mortality. American Journal of Respiratory and 

Critical Care Medicine 173: 667-672. 

Deleted: this
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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 co-benefits for these 

rules would accrue to populations exposed to higher levels of 

PM2.5. For this analysis, policy-specific air quality data are 

not available due to time or resource limitations, and, thus, 

the EPA is unable to estimate the percentage of premature 
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Page 85 of 227 

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 

(μg/m3

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

population is exposed above the LML of 10 μg/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 
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Page 86 of 227 

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 analysis22 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. 

 

22 U.S. Environmental Protection Agency, 2006. Proposed 

amendments Regulatory Impact Analysis: PM2.5 NAAQS. Prepared by 

Office of Air and Radiation. October. Available on the Internet 

at http://www.epa.gov/ttn/ecas/ria.html. 

Deleted: proposed 

Deleted: RIA

Deleted: RIA

Deleted: proposed 

Deleted: is
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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 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 

Formatted: Level 1

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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.23

These updates would reduce the monetized benefits estimated for 

the RICE NESHAP reconsideration by less than 4 percent. 

 

23 U.S. Environmental Protection Agency (U.S. EPA). 2012. 

Regulatory Impact Analysis for the Proposed Revisions to the 

National Ambient Air Quality Standards for Particulate Matter. 

EPA-452/R-12-003. Office of Air Quality Planning and Standards, 

Health and Environmental Impacts Division. June. Available at 

http://www.epa.gov/ttnecas1/regdata/RIAs/PMRIACombinedFile_Bookm

arked.pdf.

Deleted: 5
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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 

Benefitsb $770 to $1,900 $690 to $1,700 

Total Compliance 

Costsc $373 $373 

Net Benefits $400 to $1,500 $320 to $1,300 

Non-Monetized 

Benefits 

Health effects from exposure to HAP 

Health effects from direct exposure to NO2

and ozone 

Health effects from PM2.5 exposure from VOC 

Ecosystem effects 

Visibility impairment a

 All estimates are for the implementation year (2013) and are 

rounded to two significant figures. 

b

 The total monetized co-benefits reflect the human health 

benefits associated with reducing exposure to PM2.5 through 

reductions of PM2.5 precursors, such as NOx and directly emitted 

PM2.5. Co-benefits are shown as a range from Pope, et al. (2002) 

to Laden, et al. (2006). These models assume that all fine 

particles, regardless of their chemical composition, are equally 

potent in causing premature mortality because the scientific 

evidence is not yet sufficient to allow differentiation of 

effects estimates by particle type. 

c

 The engineering compliance costs are annualized using a 7- 

percent discount rate. 

Table 8. Summary of the Monetized Benefits, Compliance Costs and 

Net benefits for the 2010 Rule with the Final Amendments to the 

Stationary SI Engine NESHAP in 2013 (millions of 2010 dollars)a 

3-Percent Discount 

Rate 

7-Percent Discount 

Rate 

Total Monetized 

Benefitsb $62 to $150 $55 to $140 

Total Compliance 

Costsc $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 

Deleted: 4

Formatted Table

Deleted: 5

Formatted Table
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Health effects from PM2.5 exposure from VOC 

Ecosystem effects 

Visibility impairment a

 All estimates are for the implementation year (2013) and are 

rounded to two significant figures. 

b

 The total monetized co-benefits reflect the human health 

benefits associated with reducing exposure to PM2.5 through 

reductions of PM2.5 precursors, such as NOx and directly emitted 

PM2.5. Co-benefits are shown as a range from Pope, et al. (2002) 

to Laden, et al. (2006). These models assume that all fine 

particles, regardless of their chemical composition, are equally 

potent in causing premature mortality because the scientific 

evidence is not yet sufficient to allow differentiation of 

effects estimates by particle type. 

c

 The engineering compliance costs are annualized using a 7- 

percent discount rate. 

For more information on the cost-benefit analysis, please 

refer to the RIA for these final amendments, which is available 

in the docket. 

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 
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Page 91 of 227 

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. 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 
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Page 92 of 227 

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 
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Page 93 of 227 

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 
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Page 94 of 227 

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 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 
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Page 95 of 227 

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 
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Page 96 of 227 

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 
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Page 97 of 227 

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 No. 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. 
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Page 98 of 227 

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 spark ignition 

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 
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Page 99 of 227 

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 

[INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. 

 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines; New Source 

Performance Standards for Stationary Internal Combustion Engines

Page 100 of 227

List of Subjects 

40 CFR part 60 

Administrative practice and procedure, Air pollution control, 

Incorporation by reference, Intergovernmental relations, 

Reporting and recordkeeping. 

40 CFR part 63 

Administrative practice and procedure, Air pollution control, 

Hazardous substances, Incorporation by reference, 

Intergovernmental relations, Reporting and recordkeeping 

requirements. 

______________________ 

Dated: 

______________________ 

Lisa P. Jackson, 

Administrator. 

Formatted: Level 1

Formatted: Level 1

Formatted: Level 1
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Page 101 of 227

6560-50-P 

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 website: 

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] 

Formatted: Level 1

Formatted: Level 1

Deleted: 1325 G Street, N.W.,

Deleted: Washington, DC 20005-3801

Deleted: adopted August 5, 2010

Deleted: )(2)(ii

Deleted: )(2)(ii
Page 102 of 227

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 

Formatted: Level 1
Page 103 of 227

ICE under this subpart, any operation other than emergency 

operation, maintenance and testing, emergency demand response, 

and operation in non-emergency situations for 50 hours per year, 

as described in paragraphs (f)(1) through (3) of this section, 

is prohibited. If you do not operate the engine according to the 

requirements in paragraphs (f)(1) through (3) of this section, 

the engine will not be considered an emergency engine under this 

subpart and must meet all requirements for non-emergency 

engines. 

(1) There is no time limit on the use of emergency 

stationary ICE in emergency situations. 

 (2) You may operate your emergency stationary ICE for any 

combination of the purposes specified in paragraphs (f)(2)(i) 

through (iii) of this section for a maximum of 100 hours per 

calendar year. Any operation for non-emergency situations as 

allowed by paragraph (f)(3) of this section counts as part of 

the 100 hours per calendar year allowed by this paragraph 

(f)(2). 

 (i) Emergency stationary ICE may be operated for 

maintenance checks and readiness testing, provided that the 

tests are recommended by federal, state or local government, the 

manufacturer, the vendor, the regional transmission organization 

or equivalent balancing authority and transmission operator, or 

the insurance company associated with the engine. The owner or 
Page 104 of 227

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 
Page 105 of 227

non-emergency situations cannot be used for peak shaving or nonemergency demand response, or to generate income for a facility 

to an electric grid or otherwise supply power as part of a 

financial arrangement with another entity. 

 (i) The 50 hours per year for non-emergency situations can 

be used to supply power as part of a financial arrangement with 

another entity if all of the following conditions are met: 

 (A) The engine is dispatched by the local balancing 

authority or local transmission and distribution system 

operator; 

 (B) The dispatch is intended to mitigate local transmission 

and/or distribution limitations so as to avert potential voltage 

collapse or line overloads that could lead to the interruption 

of power supply in a local area or region. 

 (C) The dispatch follows reliability, emergency operation 

or similar protocols that follow specific NERC, regional, state, 

public utility commission or local standards or guidelines. 

 (D) The power is provided only to the facility itself or to 

support the local transmission and distribution system. 

 (E) The owner or operator identifies and records the entity 

that dispatches the engine and the specific NERC, regional, 

state, public utility commission or local standards or 

guidelines that are being followed for dispatching the engine. 

The local balancing authority or local transmission and 
Page 106 of 227

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. 
Page 107 of 227

 (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 
Page 108 of 227

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. 
Page 109 of 227

 (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 

Formatted: Level 1
Page 110 of 227

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 
Page 111 of 227

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 

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 
Page 112 of 227

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?

Deleted: .
Page 113 of 227

* * * * * 

(d) If you own or operate an emergency stationary ICE, you 

must operate the emergency stationary ICE according to the 

requirements in paragraphs (d)(1) through (3) of this section. 

In order for the engine to be considered an emergency stationary 

ICE under this subpart, any operation other than emergency 

operation, maintenance and testing, emergency demand response, 

and operation in non-emergency situations for 50 hours per year, 

as described in paragraphs (d)(1) through (3) of this section, 

is prohibited. If you do not operate the engine according to the 

requirements in paragraphs (d)(1) through (3) of this section, 

the engine will not be considered an emergency engine under this 

subpart and must meet all requirements for non-emergency 

engines. 

(1) There is no time limit on the use of emergency 

stationary ICE in emergency situations. 

 (2) You may operate your emergency stationary ICE for any 

combination of the purposes specified in paragraphs (d)(2)(i) 

through (iii) of this section for a maximum of 100 hours per 

calendar year. Any operation for non-emergency situations as 

allowed by paragraph (d)(3) of this section counts as part of 

the 100 hours per calendar year allowed by this paragraph 

(d)(2). 
Page 114 of 227

 (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. 
Page 115 of 227

 (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 nonemergency situations cannot be used for peak shaving or nonemergency demand response, or to generate income for a facility 

to an electric grid or otherwise supply power as part of a 

financial arrangement with another entity. 

 (i) The 50 hours per year for non-emergency situations can 

be used to supply power as part of a financial arrangement with 

another entity if all of the following conditions are met: 

 (A) The engine is dispatched by the local balancing 

authority or local transmission and distribution system 

operator; 

 (B) The dispatch is intended to mitigate local transmission 

and/or distribution limitations so as to avert potential voltage 

collapse or line overloads that could lead to the interruption 

of power supply in a local area or region. 

 (C) The dispatch follows reliability, emergency operation 

or similar protocols that follow specific NERC, regional, state, 

public utility commission or local standards or guidelines. 
Page 116 of 227

 (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 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 
Page 117 of 227

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. 
Page 118 of 227

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. 
Page 119 of 227

 (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: 

Table 2 to Subpart JJJJ of Part 60 –- Requirements for 

Performance Tests 

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: 

For each Complying 

with the 

requirement 

to 

You must Using According 

to the 

following 

requirement
Page 120 of 227

s 

1. 

Stationary 

SI internal 

combustion 

engine 

demonstrati

ng 

compliance 

according 

to 

§60.4244. 

a. limit 

the 

concentrati

on 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(Reapprov

ed 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

concentrati

on 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(Reapprov

ed 2005)a, 

e

. 

(b) 

Measurement

s to 

determine 

O2

concentrati

on must be 

made at the 

same time 

as the 

measurement

s for NOx

concentrati

on. 

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.
Page 121 of 227

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 

6348-03e

.

(c) 

Measurement

s to 

determine 

moisture 

must be 

made at the 

same time 

as the 

measurement

for NOx 

concentrati

on. 

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(Reapprov

ed 2005)a, 

e

, Method 

320 of 40 

CFR part 

63, 

appendix A, 

or ASTM D 

6348-03e

.

(d) Results 

of this 

test 

consist of 

the average 

of the 

three 1-

hour or 

longer 

runs. 

b. limit 

the 

concentrati

on 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(Reapprov

ed 2005)a,e.

(a) If 

using a 

control 

device, the 

sampling 

site must 

be located 

at the 

outlet of 

the control 

device. 

Deleted: 03 (incorporated by 

reference, see §60.17).

Formatted: Superscript

Deleted: 03 (incorporated by 

reference, see §60.17).

Deleted: Appendix
Page 122 of 227

ii. 

Determine 

the O2

concentrati

on 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(Reapprov

ed 2005)a,e.

(b) 

Measurement

s to 

determine 

O2

concentrati

on must be 

made at the 

same time 

as the 

measurement

s for CO 

concentrati

on. 

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 

6348-03e

.

(c) 

Measurement

s to 

determine 

moisture 

must be 

made at the 

same time 

as the 

measurement

for CO 

concentrati

on. 

Deleted: 03 (incorporated by 

reference, see §60.17).
Page 123 of 227

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(Reapprov

ed 2005)a,e,

Method 320 

of 40 CFR 

part 63, 

appendix A, 

or ASTM D 

6348-03e

.

(d) Results 

of this 

test 

consist of 

the average 

of the 

three 1-

hour or 

longer 

runs. 

c. limit 

the 

concentrati

on 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

concentrati

on 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(Reapprov

ed 2005) a,e. 

(b) 

Measurement

s to 

determine 

O2

concentrati

on must be 

made at the 

same time 

as the 

measurement

s for VOC 

concentrati

on. 

Formatted: Superscript

Deleted: 03 (incorporated by 

reference, see §60.17).

Deleted: Appendix
Page 124 of 227

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 

6348-03e

.

(c) 

Measurement

s to 

determine 

moisture 

must be 

made at the 

same time 

as the 

measurement

for VOC 

concentrati

on. 

Deleted: 03 (incorporated by 

reference, see §60.17).
Page 125 of 227

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 

Ac,d, Method 

320 of 40 

CFR part 

63, 

appendix A, 

or ASTM D 

6348-03e

.

(d) Results 

of this 

test 

consist of 

the average 

of the 

three 1-

hour or 

longer 

runs. 

a

 You may petition the Administrator for approval to use 

alternative methods for portable analyzer. 

b

 You may use ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, 

for measuring the O2 content of the exhaust gas as an alternative 

to EPA Method 3B. 

c

 You may use EPA Method 18 of 40 CFR part 60, appendix A, 

provided that you conduct an adequate presurvey test prior to 

the emissions test, such as the one described in OTM 11 on EPA’s 

website (http://www.epa.gov/ttn/emc/prelim/otm11.pdf). 

d

 You may use ASTM D6420-99 (2004), Test Method for Determination 

of Gaseous Organic Compounds by Direct Interface Gas 

Chromatography/Mass Spectrometry as an alternative to EPA Method 

18 for measuring total nonmethane organic. 

e

 Incorporated by reference, see 40 CFR 60.17.

PART 63--[AMENDED]

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

follows: 

Deleted: 03 (incorporated by 

reference, see §60.17).

Deleted: a ASTM D6522-00 is 

incorporated by reference; see 40 

CFR 60.17. Also, you

Formatted: Level 1
Page 126 of 227

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.

* * * * * 

Deleted: paragraph

Deleted: ), 63.772

Deleted: ), 63.1282
Page 127 of 227

(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, 

Deleted: ) and

Deleted: 1325 G Street, N.W.,

Deleted: Washington, DC 20005-3801
Page 128 of 227

http://www.nerc.com, and is available at the following website: 

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 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). 

Deleted: adopted August 5, 2010

Deleted: )(2)(ii
Page 129 of 227

(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 paragraph 

(b)(1)(i) and (b)(3)(iii) and removing paragraphs (b)(3)(vi) 

through (viii) to 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 
Page 130 of 227

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 

Formatted: Level 1
Page 131 of 227

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 
Page 132 of 227

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) to read as follows: 

§63.6603 What emission limitations, operating limitations, and 

other requirements must I meet if I own or operate an existing 

stationary RICE located at an area source of HAP emissions?

* * * * * 

 (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 nonemergency 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 

(b)(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 (b)(2) of this section must meet the 

management practices that are shown for stationary non-emergency 

Deleted: b); and

Deleted: d
Page 133 of 227

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), (b)(2)(ii), and (b)(2)(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 nonemergency CI RICE with a site rating of more than 300 HP located 

on an offshore vessel that is an area source of HAP and is a 

nonroad vehicle that is an Outer Continental Shelf (OCS) source 

as defined in 40 CFR 55.2, you do not have to meet the numerical 
Page 134 of 227

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 
Page 135 of 227

shown for stationary non-emergency CI RICE with a site rating of 

less than or equal to 300 HP in Table 2d of this subpart instead 

of the applicable emission limitations in Table 2d, operating 

limitations in Table 2b, and crankcase ventilation system 

requirements in §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 

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 non-emergency CI 
Page 136 of 227

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 non-emergency SI 4SLB and 

4SRB stationary RICE with a site rating of more than 500 HP 

located at area sources of HAP that are not remote stationary 

RICE within 1 year of the evaluation. 

 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?
Page 137 of 227

(a) If you own or operate an existing non-emergency, nonblack 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 
Page 138 of 227

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 
Page 139 of 227

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 
Page 140 of 227

§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) (non-methane), or formaldehyde at 

the control device inlet, 

Co = concentration of CO, THC (non-methane), or 

formaldehyde at the control device outlet, and 

R = percent reduction of CO, THC (non-methane), 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. 

(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: 

Ci-Co

Ci x 100 = R (Eq. 1) 
Page 141 of 227

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 (non-methane), and 

formaldehyde gas concentrations adjusted to 15 percent O2 using 

CO2 as follows: 

Where: 

 Cadj = Calculated concentration of CO, THC (non-methane), 

or formaldehyde adjusted to 15 percent O2. 

 Cd = Measured concentration of CO, THC (non-methane), or 

formaldehyde, uncorrected. 

 XCO2 = CO2 correction factor, percent. 

Fo = 

0.209 Fd

Fc (Eq. 2) 

XCO2 = 5.9

Fo (Eq. 3) 

Cadj = Cd

XCO2

%CO2

 (Eq. 4) 
Page 142 of 227

 %CO2 = Measured CO2 concentration measured, dry basis, 

 percent. 

* * * * * 

22. Section 63.6625 is amended by: 

a. Revising the first sentence in paragraph (a); 

b. Revising the first sentence in paragraph (b); 

c. Revising paragraph (b)(1)(iv);

d. Revising paragraph (e)(6), 

e. Revising paragraph (g),

f. Revising paragraph (i); and 

g. Revising paragraph (j) to 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 

Deleted: e)(6),

Deleted: g

Deleted: f
Page 143 of 227

subpart, you must install, operate, and maintain each CPMS 

according to the requirements in paragraphs (b)(1) through (6) 

of this section. * * * 

* * * * * 

 (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, non-black start stationary 

RICE located at an area source of HAP emissions which combusts 

landfill or digester gas equivalent to 10 percent or more of the 

gross heat input on an annual basis. 

* * * * * 

 (g) If you own or operate an existing non-emergency, nonblack 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 (g)(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 

Deleted: 

Formatted: Indent: First line: 0.5"
Page 144 of 227

either §63.6603(b)(1) or §63.6603(b)(2) do not have to meet the 

requirements of paragraph (g) of this section. Existing CI 

engines located on offshore vessels that meet §63.6603(c) do not 

have to meet the requirements of paragraph (g) of this section. 

 (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 
Page 145 of 227

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 
Page 146 of 227

percent water content. The condemning limits for these 

parameters are as follows: Total Acid Number increases by more 

than 3.0 milligrams of potassium hydroxide (KOH) per gram from 

Total Acid Number of the oil when new; viscosity of the oil has 

changed by more than 20 percent from the viscosity of the oil 

when new; or percent water content (by volume) is greater than 

0.5. If all of these condemning limits are not exceeded, the 

engine owner or operator is not required to change the oil. 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: 

a. Revising the section heading; 

b. Revising paragraph (a); 

c. Adding paragraph (d); and 

d. Adding paragraph (e) to read as follows: 
Page 147 of 227

§63.6630 How do I demonstrate initial compliance with the 

emission limitations, operating limitations, and other 

requirements?

 (a) You must demonstrate initial compliance with each 

emission limitation, operating limitation, and other requirement 

that applies to you according to Table 5 of this subpart. 

* * * * * 

 (d) Non-emergency 4SRB stationary RICE complying with the 

requirement to reduce formaldehyde emissions by 76 percent or 

more can demonstrate initial compliance with the formaldehyde 

emission limit by testing for THC instead of formaldehyde. The 

testing must be conducted according to the requirements in Table 

4 of this subpart. The average reduction of emissions of THC 

determined from the performance test must be equal to or greater 

than 30 percent. 

(e) The initial compliance demonstration required for 

existing non-emergency 4SLB and 4SRB stationary RICE with a site 

rating of more than 500 HP located at an area source of HAP that 

are not remote stationary RICE and that are operated more than 

24 hours per calendar year must be conducted according to the 

following requirements: 

 (1) The compliance demonstration must consist of at least 

three test runs. 
Page 148 of 227

 (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. Amending the section heading; 

b. Revising paragraph (a); 
Page 149 of 227

c. Revising paragraph (c); and 

d. Revising paragraph (f) to 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 non-emergency 4SLB and 4SRB stationary RICE with a site 

rating of more than 500 HP located at an area source of HAP that 

are not remote stationary RICE and that are operated more than 

24 hours per calendar year must be conducted according to the 

following requirements: 

 (1) The compliance demonstration must consist of at least 

one test run. 

 (2) Each test run must be of at least 15 minute duration, 

except that each test conducted using the method in appendix A 

to this subpart must consist of at least one measurement cycle 

and include at least 2 minutes of test data phase measurement. 
Page 150 of 227

 (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 
Page 151 of 227

Table 6 of this subpart. If the retest shows that the emissions 

continue to exceed the specified levels, the stationary RICE 

must again be shut down as soon as safely possible, and the 

stationary RICE may not operate, except for purposes of startup 

and testing, until the owner/operator demonstrates through 

testing that the emissions do not exceed the levels specified in 

Table 6 of this subpart. 

* * * * * 

(f) If you own or operate an emergency stationary RICE, you 

must operate the emergency stationary RICE according to the 

requirements in paragraphs (f)(1) through (4) of this section. 

In order for the engine to be considered an emergency stationary 

RICE under this subpart, any operation other than emergency 

operation, maintenance and testing, emergency demand response, 

and operation in non-emergency situations for 50 hours per year, 

as described in paragraphs (f)(1) through (4) of this section, 

is prohibited. If you do not operate the engine according to the 

requirements in paragraphs (f)(1) through (4) of this section, 

the engine will not be considered an emergency engine under this 

subpart and must meet all requirements for non-emergency 

engines. 

(1) There is no time limit on the use of emergency 

stationary RICE in emergency situations. 
Page 152 of 227

 (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 
Page 153 of 227

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 nonemergency 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 nonemergency 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 

Deleted: Existing emergency
Page 154 of 227

per year for non-emergency situations cannot be used for peak 

shaving or non-emergency demand response, or to generate income 

for a facility to an electric grid or otherwise supply power as 

part of a financial arrangement with another entity. 

 (i) Prior to May 3, 2014, the 50 hours per year for nonemergency 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 non-emergency situations can 

be used to supply power as part of a financial arrangement with 

another entity if all of the following conditions are met: 

 (A) The engine is dispatched by the local balancing 

authority or local transmission and distribution system 

operator. 

 (B) The dispatch is intended to mitigate local transmission 

and/or distribution limitations so as to avert potential voltage 

collapse or line overloads that could lead to the interruption 

of power supply in a local area or region. 
Page 155 of 227

 (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 a new 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 
Page 156 of 227

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, 
Page 157 of 227

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. 

 (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. 
Page 158 of 227

(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 the introductory 

text of paragraph (f) 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. * * * 
Page 159 of 227

* * * * * 

 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 to 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). 
Page 160 of 227

* * * * * 

 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). 
Page 161 of 227

* * * * * 

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 
Page 162 of 227

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: 
Page 163 of 227

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 

As stated in §§63.6600, 63.6603, 63.6630 and 63.6640, you must 

comply with the following operating limitations for existing, 

new and reconstructed 4SRB stationary RICE >500 HP located at a 

major source of HAP emissions: 

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
Page 164 of 227

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 

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. 

Comply with any operating 

limitations approved by the 

Administrator. 

1

Sources 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: 

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

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:

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 

a. maintain your catalyst so 

that the pressure drop across 

the catalyst does not change by 

Formatted Table
Page 165 of 227

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 

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
Page 166 of 227

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 

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 

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 

Comply with any operating 

limitations approved by the 

Administrator. 

1

Sources 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: 

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 

Formatted Table
Page 167 of 227

As stated in §§63.6600, 63.6602, and 63.6640, you must comply 

with the following requirements for existing compression 

ignition stationary RICE located at a major source of HAP 

emissions and existing spark ignition stationary RICE ≤500 HP 

located at a major source of HAP emissions: 

For each... You must meet the 

following requirement, 

except during periods of 

startup... 

During periods of 

startup you must... 

1. Emergency 

stationary CI 

RICE and black 

start stationary 

CI RICE.1

 

 

a. Change oil and filter 

every 500 hours of 

operation or 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. NonEmergency, nonblack start 

stationary CI 

RICE <100 HP. 

 

a. Change oil and filter 

every 1,000 hours of 

operation or annually, 

whichever comes first2

; 

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. NonEmergency, nonblack 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. 

Formatted Table
Page 168 of 227

4. NonEmergency, nonblack 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. NonEmergency, nonblack 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. NonEmergency, nonblack 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 first2

; 

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
Page 169 of 227

8. NonEmergency, nonblack start 2SLB 

stationary SI 

RICE <100 HP. 

a. Change oil and filter 

every 4,320 hours of 

operation or annually, 

whichever comes first2

; 

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. Nonemergency, nonblack 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. Nonemergency, nonblack 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. Nonemergency, nonblack 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. Nonemergency, nonblack 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 

Formatted Table
Page 170 of 227

required schedule would otherwise pose an unacceptable risk 

under federal, state, or local law, the work practice can be 

delayed until the emergency is over or the unacceptable risk 

under federal, state, or local law has abated. The work practice 

should be performed as soon as practicable after the emergency 

has ended or the unacceptable risk under federal, state, or 

local law has abated. Sources must report any failure to perform 

the work practice on the schedule required and the federal, 

state or local law under which the risk was deemed unacceptable.

2

Sources have the option to utilize an oil analysis program as 

described in §63.6625(i) or (j) in order to extend the specified 

oil change requirement in Table 2c of this subpart. 

3 Sources can petition the Administrator pursuant to the 

requirements of 40 CFR 63.6(g) for alternative work practices. 

 32. Table 2d to Subpart ZZZZ of Part 63 is revised to read 

as follows: 

Table 2d to Subpart ZZZZ of Part 63. Requirements for Existing 

Stationary RICE Located at Area Sources of HAP Emissions 

As stated in §§63.6603 and 63.6640, you must comply with the 

following requirements for existing stationary RICE located at 

area sources of HAP emissions: 

For each... You must meet the 

following 

requirement, except 

during periods of 

startup... 

During periods of 

startup you must... 

1. Non-Emergency, 

non-black start CI 

stationary RICE 

<300 HP 

 

a. Change oil and 

filter every 1,000 

hours of operation 

or 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 

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. 

Formatted Table
Page 171 of 227

operation or 

annually, whichever 

comes first, and 

replace as 

necessary. 

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 

RICE2

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 

c. Inspect all 

hoses and belts 

every 500 hours of 

operation or 

annually, whichever 

comes first, and 

replace as 

necessary. 
Page 172 of 227

5. Emergency 

stationary SI 

RICE; black start 

stationary SI 

RICE; nonemergency, 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 year2

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. 
Page 173 of 227

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. 
Page 174 of 227

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. 
Page 175 of 227

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 
Page 176 of 227

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. 1 Sources have the option to utilize an oil analysis program as 

described in §63.6625(i) or (j) in order to extend the specified 

oil change requirement in Table 2d of this subpart. 

2 If an emergency engine is operating during an emergency and it 

is not possible to shut down the engine in order to perform the 

management practice requirements on the schedule required in 

Table 2d of this subpart, or if performing the management 

practice on the required schedule would otherwise pose an 

unacceptable risk under federal, state, or local law, the 

management practice can be delayed until the emergency is over 

or the unacceptable risk under federal, state, or local law has 

abated. The management practice should be performed as soon as 

practicable after the emergency has ended or the unacceptable 

risk under federal, state, or local law has abated. Sources must 

report any failure to perform the management practice on the 

schedule required and the federal, state or local law under 

which the risk was deemed unacceptable. 

 33. Table 3 to Subpart ZZZZ of Part 63 is revised to read 

as follows: 

Table 3 to Subpart ZZZZ of Part 63. Subsequent Performance Tests 

As stated in §§63.6615 and 63.6620, you must comply with the 

following subsequent performance test requirements: 

Formatted Table

Formatted: Level 1
Page 177 of 227

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 

semiannually1

. 

2. 4SRB stationary 

RICE ≥5,000 HP 

located at major 

sources. 

Reduce 

formaldehyde 

emissions 

Conduct subsequent 

performance tests 

semiannually1

. 

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 

semiannually1

. 

4. Existing nonemergency, nonblack 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 nonemergency, nonblack 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. 

1 After you have demonstrated compliance for two consecutive 

tests, you may reduce the frequency of subsequent performance 

tests to annually. If the results of any subsequent annual 

performance test indicate the stationary RICE is not in 

Formatted Table

Formatted Table
Page 178 of 227

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: 

Table 4 to Subpart ZZZZ of Part 63. Requirements for Performance 

Tests 

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: 

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 

(Reappro

ved 

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 

(Reappro

ved 

2005)a,b,c

or 

Method 

10 of 40 

CFR part 

60, 

appendix 

A. 

(a) The CO 

concentration must be 

at 15 

percent O2, 

dry basis. 

Deleted: (incorporated by reference, 

see §63.14).

Deleted: (incorpora-ted by 

reference, see §63.14)
Page 179 of 227

2. 4SRB 

stationary 

RICE 

a. reduce 

formaldehyd

e 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(Reapp

roved 

2005)a.

(a) 

measurements 

to determine 

O2 

concentratio

n must be 

made at the 

same time as 

the 

measurements 

for 

formaldehyde 

or THC 

concentratio

n. 

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 

6348-03a

(a) 

measurements 

to determine 

moisture 

content must 

be made at 

the same 

time and 

location as 

the 

measurements 

for 

formaldehyde 

or THC 

concentratio

n. 

Deleted: ).

Deleted: 03
Page 180 of 227

iv. If 

demonstra

ting 

complianc

e with 

the 

formaldeh

yde 

percent 

reduction 

requireme

nt, 

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-

03a

, 

provided 

in ASTM 

D6348-03 

Annex A5 

(Analyte 

Spiking 

Techniqu

e), 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. 

Deleted: 03c
Page 181 of 227

 v. If 

demonstra

ting 

complianc

e with 

the THC 

percent 

reduction 

requireme

nt, 

measure 

nonmethane 

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

concentra

tion of 

the 

stationar

y 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(Reapp

roved 

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. (1) (a) 

Deleted: ).
Page 182 of 227

Measure 

moisture 

content 

of the 

stationary RICE 

exhaust 

at the 

sampling 

port 

location; 

and 

Method 4 

of 40 

CFR part 

60, 

appendix 

A, or 

Test 

Method 

320 of 

40 CFR 

part 63, 

appendix 

A, or 

ASTM D 

6348-03a

measurements 

to determine 

moisture 

content must 

be made at 

the same 

time and 

location as 

the 

measurements 

for 

formaldehyde 

or CO 

concentratio

n. 

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 

Techniqu

e), the 

percent 

R must 

be 

greater 

than or 

equal to 

70 and 

less 

than or 

equal to 

130. 

(a) 

Formaldehyde 

concentratio

n 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 

(1) 

Method 

(a) CO 

concentratio

Deleted: 03

Deleted: 03c
Page 183 of 227

CO at the 

exhaust 

of the 

stationary RICE. 

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

. 

n 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.. b

You may also use Method 320 of 40 CFR part 63, appendix A, or 

ASTM D6348-03. 

c

 ASTM-D6522-00 (2005) may be used to test both CI and SI 

stationary RICE.

 35. Table 5 to Subpart ZZZZ of Part 63 is revised to read 

as follows: 

Table 5 to Subpart ZZZZ of Part 63. Initial Compliance with 

Emission Limitations, Operating Limitations, Work Practices, and 

Management Practices

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: 

For each . . . Complying with the 

requirement 

to . . . 

You have 

demonstrated 

initial 

compliance if . . . 

Formatted: Superscript

Deleted: aYou

Deleted: a copy of ASTM-D6522-00 

(2005) from at least one of the 

following addresses: American 

Society for Testing and Materials, 

100 Barr Harbor Drive, West 

Conshohocken, PA 19428-2959, or

Deleted: . ASTM-D6522-00 (2005) may 

be used to test both CI and SI 

stationary RICE.

Deleted: cYou may obtain a copy of 

ASTM-D6348-03 from at least one of 

the following addresses: American 

Society for Testing and Materials, 

100 Barr Harbor Drive, West 

Conshohocken, PA 19428-2959, or 

University Microfilms 

International, 300 North Zeeb Road, 

Ann Arbor, MI 48106.¶

¶

Deleted: and

Formatted Table
Page 184 of 227

1. New or 

reconstructed nonemergency 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 

non-emergency 

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. 
Page 185 of 227

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 nonemergency 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 

non-emergency 

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 
Page 186 of 227

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. 
Page 187 of 227

5. New or 

reconstructed nonemergency 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 

non-emergency 

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. 
Page 188 of 227

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 

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 
Page 189 of 227

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 
Page 190 of 227

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 nonemergency 

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 nonemergency 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 nonemergency 

a. Limit the 

concentration of 

formaldehyde in the 

i. The average 

formaldehyde 

concentration, 
Page 191 of 227

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 nonemergency 4SRB 

stationary RICE 

>500 HP located at 

a major source of 

HAP. 

stationary RICE 

exhaust and not 

using oxidation 

catalyst or NSCR 

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 nonemergency 

stationary RICE 

100≤HP≤500 located 

at a major source 

of HAP, and 

existing nonemergency 

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. 

12. Existing nonemergency 

stationary RICE 

100≤HP≤500 located 

at a major source 

of HAP, and 

existing nonemergency 

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 
Page 192 of 227

stationary CI RICE 

300<HP≤500 located 

at an area source 

of HAP. 

less than or equal 

to the formaldehyde 

or CO emission 

limitation, as 

applicable. 

13. Existing nonemergency 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 nonemergency 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 

Formatted Table
Page 193 of 227

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: 

Table 6 to Subpart ZZZZ of Part 63. Continuous Compliance with 

Emission Limitations, Operating Limitations, Work Practices, and 

Management Practices 

As stated in §63.6640, you must continuously comply with the 

emissions and operating limitations and work or management 

practices as required by the following: 

For each . . . Complying with the 

requirement to . . 

. 

You must demonstrate 

continuous compliance 

by 

. . . 

1. New or 

reconstructed nonemergency 2SLB 

a. Reduce CO 

emissions and using 

an oxidation 

i. Conducting 

semiannual 

performance tests for 

Formatted Table
Page 194 of 227

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 nonemergency CI 

stationary RICE 

>500 HP located at 

a major source of 

HAP. 

catalyst, and using 

a CPMS 

CO to demonstrate 

that the required CO 

percent reduction is 

achieveda

; 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 nonemergency 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 

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 

achieveda

; and 

ii. Collecting the 

approved operating 

parameter (if any) 

data according to 

§63.6625(b); and 
Page 195 of 227

reconstructed nonemergency CI 

stationary RICE 

>500 HP located at 

a major source of 

HAP. 

iii. Reducing these 

data to 4-hour 

rolling averages; and

iv. Maintaining the 

4-hour rolling 

averages within the 

operating limitations 

for the operating 

parameters 

established during 

the performance test.

3. New or 

reconstructed nonemergency 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 nonemergency 

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. 
Page 196 of 227

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.
Page 197 of 227

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 nonemergency 

stationary RICE 

>500 HP located at 

a major source of 

HAP and new or 

reconstructed nonemergency 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 limita

; 

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 
Page 198 of 227

demonstrating that 

the pressure drop 

across the catalyst 

is within the 

operating limitation 

established during 

the performance test.

8. New or 

reconstructed nonemergency 

stationary RICE 

>500 HP located at 

a major source of 

HAP and new or 

reconstructed nonemergency 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 limita

; 

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 nonemergency 

stationary RICE 

<100 HP located at 

a major source of 

a. Work or 

Management 

practices. 

i. Operating and 

maintaining the 

stationary RICE 

according to the 

manufacturer’s 

emission-related 

operation and 

maintenance 

instructions; 

or 
Page 199 of 227

HAP, existing 

emergency and 

black start 

stationary RICE 

located at an area 

source of HAP, 

existing nonemergency 

stationary CI RICE 

≤300 HP located at 

an area source of 

HAP, existing nonemergency 2SLB 

stationary RICE 

located at an area 

source of HAP, 

existing nonemergency 

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 

non-emergency 4SLB 

and 4SRB 

stationary RICE 

≤500 HP located at 

an area source of 

HAP, existing nonemergency 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 nonemergency 4SLB and 

4SRB stationary 

RICE >500 HP 

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.
Page 200 of 227

located at an area 

source of HAP that 

are remote 

stationary RICE. 

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 
Page 201 of 227

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 

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 

i. Conducting 

performance tests 

every 8,760 hours or 

5 years, whichever 

comes first, for CO 
Page 202 of 227

exhaust, and using 

an oxidation 

catalyst 

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 

a. Reduce CO 

emissions or limit 

the concentration 

i. Conducting 

performance tests 

every 8,760 hours or 
Page 203 of 227

>500 HP. of CO in the 

stationary RICE 

exhaust, and not 

using an oxidation 

catalyst 

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 nonemergency 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 
Page 204 of 227

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. 

15. Existing nonemergency 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 

Deleted: operating limitations

Formatted Table
Page 205 of 227

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. a

After you have demonstrated compliance for two consecutive 

tests, you may reduce the frequency of subsequent performance 

tests to annually. If the results of any subsequent annual 

performance test indicate the stationary RICE is not in 

compliance with the CO or formaldehyde emission limitation, or 

you deviate from any of your operating limitations, you must 

resume semiannual performance tests. 

37. Table 7 to Subpart ZZZZ of Part 63 is revised to read 

as follows: 

Table 7 to Subpart ZZZZ of Part 63. Requirements for Reports 

As stated in §63.6650, you must comply with the following 

requirements for reports: 

For each . . . You must 

submit a . 

. . 

The report must 

contain . . . 

You must submit 

the report . . 

. 

1. Existing nonemergency, nonblack start 

stationary RICE 

100≤HP≤500 located 

at a major source 

of HAP; existing 

non-emergency, 

non-black start 

stationary CI RICE 

Compliance 

report 

a. If there are 

no deviations 

from any 

emission 

limitations or 

operating 

limitations 

that apply to 

you, a 

statement that 

i. Semiannually 

according to 

the 

requirements in 

§63.6650(b)(1)-

(5) for engines 

that are not 

limited use 

stationary RICE 

subject to 

Deleted: operating limitations

Formatted: Level 1

Formatted Table
Page 206 of 227

>500 HP located at 

a major source of 

HAP; existing nonemergency 4SRB 

stationary RICE 

>500 HP located at 

a major source of 

HAP; existing nonemergency, nonblack start 

stationary CI RICE 

>300 HP located at 

an area source of 

HAP; new or 

reconstructed nonemergency 

stationary RICE 

>500 HP located at 

a major source of 

HAP; and new or 

reconstructed nonemergency 4SLB 

stationary RICE 

250≤HP≤500 located 

at a major source 

of HAP 

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-ofcontrol during 

the reporting 

period; or 

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). 
Page 207 of 227

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). 

2. New or 

reconstructed nonemergency 

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 nonemergency, nonCompliance 

report 

a. The results 

of the annual 

i. Semiannually 

according to 
Page 208 of 227

black start 4SLB 

and 4SRB 

stationary RICE 

>500 HP located at 

an area source of 

HAP that are not 

remote stationary 

RICE and that 

operate more than 

24 hours per 

calendar year 

compliance 

demonstration, 

if conducted 

during the 

reporting 

period. 

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:

Table 8 to Subpart ZZZZ of Part 63. Applicability of General 

Provisions to Subpart ZZZZ.

As stated in §63.6665, you must comply with the following 

applicable general provisions.

 

General 

Provisions 

Citation

Subject of Citation Applie

s to 

Subpar

t

Explanation

Formatted Table
Page 209 of 227

* * * * * * *

§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.

* * * * * * *

 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). 

Formatted: Level 1
Page 210 of 227

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? 

Formatted Table
Page 211 of 227

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.
Page 212 of 227

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. 
Page 213 of 227

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 
Page 214 of 227

sufficient to reach a constant response. The measurement data 

phase is the time interval during which gas sample measurements 

can be made that meet the acceptance criteria of this protocol. 

The refresh phase then purges the EC cells with CO-free air. The 

refresh phase replenishes requisite O2 and moisture in the 

electrolyte reserve and provides a mechanism to de-gas or desorb 

any interference gas scrubbers or filters so as to enable a 

stable CO EC cell response. There are four primary types of 

sampling runs: pre- sampling calibrations; stack gas sampling; 

post-sampling calibration checks; and measurement system 

repeatability checks. Stack gas sampling runs can be chained 

together for extended evaluations, providing all other 

procedural specifications are met. 

3.10 Sampling Day. A time not to exceed twelve hours from the 

time of the pre-sampling calibration to the post-sampling 

calibration check. During this time, stack gas sampling runs can 

be repeated without repeated recalibrations, providing all other 

sampling specifications have been met. 

3.11 Pre-Sampling Calibration/Post-Sampling Calibration Check.

The protocols executed at the beginning and end of each sampling 

day to bracket measurement readings with controlled performance 

checks. 
Page 215 of 227

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 been reported to interfere with CO 

concentration measurements. In the likelihood of this 

occurrence, it is the protocol user’s responsibility to employ 

and properly maintain an appropriate CO EC cell filter or 

scrubber for removal of these gases, as described in Section 

6.2.12.

5.0 Safety. [Reserved]

6.0 Equipment and Supplies.

6.1 What equipment do I need for the measurement system? 

The system must maintain the gas sample at conditions that will 

prevent moisture condensation in the sample transport lines, 

both before and as the sample gas contacts the EC cells. The 

essential components of the measurement system are described 

below. 

6.2 Measurement System Components. 

6.2.1 Sample Probe. A single extraction-point probe constructed 

of glass, stainless steel or other non-reactive material, and of 

length sufficient to reach any designated sampling point. The 
Page 216 of 227

sample probe must be designed to prevent plugging due to 

condensation or particulate matter. 

6.2.2 Sample Line. Non-reactive tubing to transport the effluent 

from the sample probe to the EC cell. 

6.2.3 Calibration Assembly (optional). A three-way valve 

assembly or equivalent to introduce calibration gases at ambient 

pressure at the exit end of the sample probe during calibration 

checks. The assembly must be designed such that only stack gas 

or calibration gas flows in the sample line and all gases flow 

through any gas path filters. 

6.2.4 Particulate Filter (optional). Filters before the inlet of 

the EC cell to prevent accumulation of particulate material in 

the measurement system and extend the useful life of the 

components. All filters must be fabricated of materials that are 

non-reactive to the gas mixtures being sampled. 

6.2.5 Sample Pump. A leak-free pump to provide undiluted sample 

gas to the system at a flow rate sufficient to minimize the 

response time of the measurement system. If located upstream of 

the EC cells, the pump must be constructed of a material that is 

non-reactive to the gas mixtures being sampled. 

6.2.8 Sample Flow Rate Monitoring. An adjustable rotameter or 

equivalent device used to adjust and maintain the sample flow 

rate through the analyzer as prescribed. 
Page 217 of 227

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 o

C 

or o

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 performanceestablished 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 
Page 218 of 227

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 upscale 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 
Page 219 of 227

dry ambient air (20.9 percent O2) for the up-scale O2 calibration 

gas.

7.1.3 Zero Gas. Use an inert gas that contains less than 0.25 

percent of the up-scale CO calibration gas concentration. You 

may use dry air that is free from ambient CO and other 

combustion gas products (e.g., CO2).

8.0 Sample Collection and Analysis

8.1 Selection of Sampling Sites. 

8.1.1 Control Device Inlet. Select a sampling site sufficiently 

downstream of the engine so that the combustion gases should be 

well mixed. Use a single sampling extraction point near the 

center of the duct (e.g., within the 10 percent centroidal 

area), unless instructed otherwise.

8.1.2 Exhaust Gas Outlet. Select a sampling site located at 

least two stack diameters downstream of any disturbance (e.g., 

turbocharger exhaust, crossover junction or recirculation takeoff) 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 
Page 220 of 227

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 
Page 221 of 227

10.1 Pre-Sampling Calibration. Conduct the following protocol 

once for each nominal range to be used on each EC cell before 

performing a stack gas sampling run on each field sampling day. 

Repeat the calibration if you replace an EC cell before 

completing all of the sampling runs. There is no prescribed 

order for calibration of the EC cells; however, each cell must 

complete the measurement data phase during calibration. Assemble 

the measurement system by following the manufacturer's 

recommended protocols including for preparing and 

preconditioning the EC cell. Assure the measurement system has 

no leaks and verify the gas scrubbing agent is not depleted. Use 

Figure 1 to record all data. 

10.1.1 Zero Calibration. For both the O2 and CO cells, introduce 

zero gas to the measurement system (e.g., at the calibration 

assembly) and record the concentration reading every minute 

until readings are constant for at least two consecutive 

minutes. Include the time and sample flow rate. Repeat the steps 

in this section at least once to verify the zero calibration for 

each component gas. 

10.1.2 Zero Calibration Tolerance. For each zero gas 

introduction, the zero level output must be less than or equal 

to ± 3 percent of the up-scale gas value or ± 1 ppm, whichever 

is less restrictive, for the CO channel and less than or equal 

to ± 0.3 percent O2 for the O2 channel. 
Page 222 of 227

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. 
Page 223 of 227

10.2 Post-Sampling Calibration Check. Conduct a stack gas postsampling 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 resampling 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 
Page 224 of 227

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 
Page 225 of 227

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
Page 226 of 227

(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 GRI96/0008, Revision 7, October 13, 1997. 

(3) "ICAC Test Protocol for Periodic Monitoring”, EMC 

Conditional Test Protocol 34 (CTM-034), The Institute of Clean 

Air Companies, September 8, 1999. 

(4) “Code of Federal Regulations”, Protection of Environment, 

40 CFR, Part 60, Appendix A, Methods 1-4; 10. 

Table 1: Appendix A - Sampling Run Data. 

Facility________________ Engine I.D.______________ Date_________ 

 Run Type: (__) (__) (__) (__) 

 (X) Pre-Sample Stack Gas Post-Sample Repeatability 

 Calibration Sample Cal. Check Check 

 

Run # 1 1 2 2 3 3 4 4 Time Scrub. 

OK 

FlowRate 

Gas O2 CO O2 CO O2 CO O2 CO 

Sample 

Cond. 

Phase 

“ 

“ 

“ 

“ 

Formatted: Level 1

Formatted: Level 1

Formatted Table
Page 227 of 227

 

Measurement 

Data 

Phase 

“ 

“ 

“ 

“ 

“ 

“ 

“ 

“ 

“ 

“ 

 Mean

Refresh 

Phase 

“ 

“ 

“ 

“ 

Formatted: Font: 11 pt

Formatted: Font: 11 pt

Formatted: Font: 11 pt

Formatted: Font: 11 pt
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

E.O. 12866 RICE Reconsideration 2060-AQ58 Final 20121204 

6560-50-P 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 63 

[EPA-HQ-OAR-2008-0708, FRL-XXXX-Y] 

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 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 2 of 222 

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 [INSERT DATE 60 DAYS 

AFTER PUBLICATION IN THE FEDERAL REGISTER]. The incorporation by 

reference of certain publications listed in this final rule is 

approved by the Director of the Federal Register as of [INSERT 

DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. 

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-OAR2005-0029, 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 website. 

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 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 3 of 222 

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? 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 4 of 222 

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. Remote Areas of Alaska 

G. 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 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 5 of 222 

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. 

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 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 6 of 222 

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 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 7 of 222 

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 

Comment [A1]: Was this present in the proposed 

rule? If not, how could the public reasonably 

anticipate this change? 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 8 of 222 

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 

location1, or, if the engine is not on a pipeline, if within a 

0.25 mile radius of the facility there are 5 or fewer buildings 

intended for human occupancy. The EPA determined that a 0.25 

mile radius was appropriate because it is similar to the area 

used for the DOT Class 1 pipeline location. This final rule 

establishes management practices for these sources rather than 

numeric emission limits and associated testing and monitoring. 

This provision and the division of remote and non-remote engines 

into two separate subcategories addresses reasonable concerns 

with accessibility, infrastructure and staffing that stem from 

the remoteness of the engines and higher costs that would be 

associated with compliance with the existing requirements. 

Existing stationary 4-stroke SI engines above 500 HP at area 

sources that are in populated areas (defined as not in DOT 

pipeline Class 1 areas, or if not on a pipeline, if within a 

0.25 mile radius of the engine there are more than 5 buildings 

intended for human occupancy) are subject to an equipment 

standard that requires the installation of HAP-reducing 

aftertreatment. The EPA has the discretion to set an equipment 

 

1

 A Class 1 location is defined as an offshore area or any class 

location unit that has 10 or fewer buildings intended for human 

occupancy. 

Comment [A2]: Footnote says “10 or fewer 

buildings,” but within what size area? 

Comment [A3]: I added some text to the footnote 

to clarify 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 9 of 222 

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 

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 

Comment [A4]: For clarity, would suggest 

including a brief explanation of what the “Tier X” 

standards refer to. It is clear that this must be some 

set of pre-existing standards, but what types of 

engines do they apply to? A footnote with a 

description and/or the FR reference for Tier 3 would 

help. 

Comment [A5]: Footnote added 

Comment [A6]: What is the significance of this 

date? Is it the date of the Tier 3 requirements? If so, 

please add explanation in this paragraph explaining 

the significance of the date. 

Comment [A7]: The next sentence explains the 

significance of the June 12, 2006 date. 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 10 of 222 

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 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: 
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Page 11 of 222 

 (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 nonemergency 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 
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Page 12 of 222 

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. 

These final amendments would also result in decreases to 

the emissions reductions estimated in 2013 from the original 

2010 RICE NESHAP amendments. The decreases in emission 

reductions estimates 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 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, 

Comment [A8]: Please include a table with the 

information provided in the text. 

That table should include: 

-The costs and benefits of this final rule, that is, 

the “delta” from the 2010 rule (A) 

- The costs and benefits of the 2010 RICE rule 

and the amendments (e.g. the costs and benefits 

relative to the pre-2010 baseline) (B) 

You may also want to include as a reference the 

estimates of costs and benefits for the 2010 rule (C), 

so that (C) +(A) = (B) 

Comment [A9]: I added tables for the costs, 

reductions, and benefits. 

Comment [A10]: Yes there would be costs 

associated with the ULSD and reporting 

requirements beginning in 2015. 

Comment [A11]: Do they change the costs in 

any year of the rule? 

Deleted: estimated 

Comment [A12]: Changed to be consistent with 

the opening sentence of the paragraph. And to 

clarify 

Comment [A13]: I don’t think this edit is right. 

These numbers show what the reductions are with 

these amendments incorporated into the rule, not 

how much they decreased. I reversed the order of the 

sentences, see if that makes it clearer. 
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96,000 tpy of NOx and 58,000 tpy of 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 EPA estimates the monetized co-benefits in 2013 of the 

original 2010 RICE NESHAP amendments with these final amendments 

incorporated to be $830 million to $2,100 million (2010 dollars) 

at a 3-percent discount rate and $740 million to $1,800 million 

(2010 dollars) at a 7-percent discount rate. The benefits that 

were estimated for the original 2010 RICE NESHAP amendments were 

$1,500 million to $3,600 million (2010 dollars) at a 3-percent 

discount rate and $1,300 million to $3,200 million (2010 

dollars) at a 7-percent discount rate. 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 proposal, we have updated the epidemiology studies 

used to calculate mortality and morbidity benefits in the PM 

NAAQS proposal RIA.2

 These updates would reduce the monetized 

 

2

 U.S. Environmental Protection Agency (U.S. EPA). 2012. 

Regulatory Impact Analysis for the Proposed Revisions to the 

National Ambient Air Quality Standards for Particulate Matter. 

EPA-452/R-12-003. Office of Air Quality Planning and Standards, 

Comment [A14]: Can you also provide what the 

final estimates are? 

What this summary needs to clearly provide are two 

sets of numbers: 

1. the changes from the 2010 rule (the “delta”) 

2. The end result of these amendments and the 

2010 rule (that is, using a pre-2010 world as the 

baseline). 

You already have the 2010 rule values, so no need to 

add them. 
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Page 14 of 222 

benefits estimated for the final RICE amendments by less than 4 

percent. 

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 Electric power generation, 

transmission, or distribution. 

622110 Medical and surgical hospitals. 

48621 Natural gas transmission. 

211111 Crude petroleum and natural gas 

production. 

211112 Natural gas liquids producers. 

92811 National security. 

1 North American Industry Classification System. 

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 

 

Health and Environmental Impacts Division. June. Available at 

http://www.epa.gov/ttnecas1/regdata/RIAs/PMRIACombinedFile_Bookm

arked.pdf. 

Comment [A15]: No more than? 

Comment [A16]: See revised caveat 
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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 [INSERT DATE 60 DAYS AFTER PUBLICATION IN FEDERAL REGISTER]. 

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 
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Page 16 of 222 

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 

Comment [A17]: If feasible, please consider 

combining this summary section and the next 

section, which explains why changes were made 

since proposal, for clarity. Separating them out leads 

to significant repetition and some partial/incomplete 

explanations. 

Comment [A18]: I don’t think we have time to 

make such a big change at this point. 
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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 
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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 
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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 
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with the 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 
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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 

Comment [A19]: This sounds unnecessarily 

imprecise. If appropriate, please be more specific. 

Comment [A20]: Those are examples of 

emergency situations. What sort of specificity are 

you looking for? 
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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 
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Page 23 of 222 

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 
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commenters on the proposal indicates that these emergency demand 

response events are rarely called.3

 

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 

 

3

 See document number EPA-HQ-OAR-2008-0708-1142 in the rulemaking 

docket. 
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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 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. 
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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 proposed 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 provided in the 

proposed rule for non-emergency operation. 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: 

Comment [A21]: This is confusing as written. 

The preceding explanation focused on the “limited 

circumstances specified in the final rule...for 

emergency demand response purposes...” The 

“proposed provisions” don’t seem to be described 

here. 

Comment [A22]: We revised the wording to 

improve the clarity, let us know if you still think it is 

confusing 

Comment [A23]: Because the “proposed rule” 

was not described above, this needs additional 

explanation. 

Comment [A24]: Please clarify if this is the same 

100 hours per year referenced in the preceding 

sentence or whether this is an additional 100 hours. 

Comment [A25]: It is the same 100 hours 
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 The engine is dispatched by the local balancing authority 

or local transmission and distribution system operator. 

 The dispatch is intended to mitigate local transmission 

and/or distribution limitations so as to avert potential 

voltage collapse or line overloads that could lead to the 

interruption of power supply in a local area or region. 

 The dispatch follows reliability, emergency operation or 

similar protocols that follow specific NERC, regional, 

state, public utility commission or local standards or 

guidelines. 

 The owner or operator has a pre-existing plan that 

contemplates the engine’s operation under the circumstances 

described above; and 

 The owner or operator identifies and records the specific 

NERC, regional, state, public utility commission or local 

standards or guidelines that are being followed for 

dispatching the engine. The local balancing authority or 

local transmission and distribution system operator may 

keep these records on behalf of the engine owner or 

operator. 

For all engines operating to satisfy emergency demand 

response or system reliability under the circumstances described 

above, the hours spent for emergency demand response operation 
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Page 28 of 222 

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 

Comment [A26]: Suggest providing a more 

complete explanation here for why the decision was 

made or, alternatively, saving the explanation for the 

next section of the preamble. 

Comment [A27]: There will be a more detailed 

discussion in the response to comments document. 
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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 nonULSD distillate fuel, the most recent U.S. Energy Information 

Administration data available for sales of distillate and 

residual fuel oil to end users4

 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 2010 show that only 45 percent 

of the total distillate and residual fuel oil sold was ULSD. The 

data provided for Electric Power End Use show that 68 percent of 

total fuel sold was residual fuel oil. For Industrial End Use, 

the percentage of total fuel that was residual fuel oil was 20 

 

4

 U.S. Energy Information Administration. Distillate Fuel Oil and 

Kerosene Sales by End Use. Available at 

http://www.eia.gov/dnav/pet/pet_cons_821use_dcu_nus_a.htm. 
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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 commenters5

 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 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 

 

5

 See document number EPA-HQ-OAR-2008-0708-1459 in the rulemaking 

docket. 
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Page 31 of 222 

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 
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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. 

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 
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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 
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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 nonemergency 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 

Comment [A29]: Yes they were. What 

specifically do we need to explain further? 

Comment [A30]: EPA has revised the 

proposal to provide less time for utilities to 

continue to use the existing peak shaving 

program for emergency response from April 

2017 to May 2014. Could EPA explain the 

reason for this change, and what impact it may 

have on the utilities who currently use this 

program? 

Comment [A31]: As discussed later in the 

preamble and in more detail in the response to 

comments document, we determined that peak 

shaving did not fairly come under the definition of 

emergency use, and we are not finalizing the 

proposed provisions for peak shaving. However, in 

recognition of the short time between this final rule 

and the May 2013 compliance date, we are 

essentially giving these sources an extra year to 

comply, rather than making them have to 

individually submit compliance extension requests. 
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temporary 50-hour provision for existing stationary emergency 

engines located at area sources engaged in peak shaving and 

other non-emergency use as part of a financial arrangement with 

another entity. However, in consideration of the short time 

between this final rule and the May 3, 2013, or October 19, 

2013, compliance dates for affected sources, this final rule 

includes a provision limiting the use of existing stationary 

emergency engines located at area sources to 50 hours per year 

prior to May 3, 2014, for peak shaving or non-emergency demand 

response to generate income for a facility, or to otherwise 

supply power as part of a financial arrangement with another 

entity if the engines are operated as part of a peak shaving 

(load management) program with the local distribution system 

operator and the power is provided only to the facility itself 

or to support the local distribution system. This extension 

provides additional time so that these sources that wish to 

engage in peak shaving can come into compliance with the 

applicable requirements for non-emergency engines. 

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. 
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 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 
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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; 

Comment [A32]: Does EPA anticipate any 

implications of these requirements for offshore 

areas? Does the use of this Class 1 definition create 

any potential overlap with the offshore vessel 

requirements described later in the preamble? 

Comment [A33]: This change is related to spark 

ignition engines, whereas the offshore vessel issue 

relates to compression ignition engines, so there 

should not be overlap. 

Comment [A34]: Did EPA consider similar 

special provisions for non-pipeline remote sources? 

Comment [A35]: We did not consider it and we 

did not receive any comments suggesting that we 

add it, so we don’t see how we could add it now. 
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 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 
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Page 39 of 222 

operator must change the oil within 2 business days or before 

commencing operation, whichever is later. The owner or operator 

must keep records of the parameters that are analyzed as part of 

the program, the results of the analysis, and the oil changes 

for the engine. The analysis program must be part of the 

maintenance plan for the engine. 

Owners and operators of existing stationary 4SLB and 4SRB 

area source engines above 500 HP in sparsely populated areas 

would also have to operate and maintain the stationary RICE and 

aftertreatment control device (if any) according to the 

manufacturer's emission-related written instructions or develop 

their own maintenance plan, which must provide to the extent 

practicable for the maintenance and operation of the engine in a 

manner consistent with good air pollution control practice for 

minimizing emissions. 

Owners and operators of engines in sparsely populated areas 

would have to conduct a review of the surrounding area every 12 

months to determine if the nearby population has changed. If the 

engine no longer meets the criteria for a sparsely populated 

area, the owner and operator must within 1 year comply with the 

emission standards specified below for populated areas. 

 For engines in populated areas, i.e., existing stationary 

4SLB and 4SRB non-emergency engines greater than 500 HP at area 

sources that are located on DOT Class 2 through Class 4 pipeline 
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Page 40 of 222 

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 adopting an equipment standard requiring the 

installation of a catalyst to reduce HAP emissions. Owners and 

operators of existing area source 4SLB non-emergency engines 

greater than 500 HP in populated areas would be required to 

install an oxidation catalyst. Owners and operators of existing 

area source 4SRB non-emergency engines greater than 500 HP in 

populated areas would be required to install NSCR. Owners and 

operators must conduct an initial test to demonstrate that the 

engine achieves at least a 93 percent reduction in CO emissions 

or a CO concentration level of 47 ppmvd at 15 percent O2, if the 

engine is a 4SLB engine. Similarly, owners and operators must 

conduct an initial performance test to demonstrate that the 

engine achieves at least either a 75 percent CO reduction, a 30 

percent THC reduction, or a CO concentration level of 270 ppmvd 

at 15 percent O2 if the engine is a 4SRB engine. The initial test 

must consist of three test runs. Each test run must be of at 

least 15 minute duration, except that each test run conducted 

using appendix A to 40 CFR part 63, subpart ZZZZ must consist of 

one measurement cycle as defined by the method and include at 

least 2 minutes of test data phase measurement. To measure CO, 

emission sources must use the CO methods already specified in 
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Page 41 of 222 

subpart ZZZZ, or appendix A to 40 CFR part 63, subpart ZZZZ. The 

THC testing 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 

Comment [A37]: Yes they are different. We 

added some text to that effect. 
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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 
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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, 
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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 
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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. Remote Areas of Alaska

 The EPA is expanding the current 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, 

Comment [A38]: Please explain why the 

definition matters (different requirements for these 

units). 

Comment [A39]: We added some text to clarify. 
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 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 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. Offshore Vessels

 The EPA is revising the requirements in the RICE NESHAP for 

existing non-emergency CI RICE greater than 300 HP on offshore 

vessels that are area sources of HAP. Engines on vessels on the 

OCS in certain circumstances become subject to the provisions of 

the RICE NESHAP as a result of the operation of the OCS 

regulations at 40 CFR part 55. The rationale for this revision 

is discussed further in section III.D. The EPA is finalizing the 

following management practice requirements for existing 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, 
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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: 
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 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. 
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 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. 
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 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. 
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 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). 

 Clarifying that, as was intended in the rule adding these 

requirements, all of the standards for stationary SI RICE 
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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.

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 
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Page 53 of 222 

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 
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Page 54 of 222 

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 
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Page 55 of 222 

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 
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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 

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 
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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. 
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 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 
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Page 59 of 222 

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. 
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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 nonemergency operation towards any non-emergency operation, 

including operation as part of a financial agreement with 
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Page 61 of 222 

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). Based on public 

comments received on the proposal, the EPA is not finalizing the 

proposed provision for peak shaving in this action. Commenters 

noted that the allowance was not necessary for maintaining 

electric reliability, and that alternative methods for meeting 

peak demand are readily available. In addition, commenters 

indicated that use for peak shaving does not fairly come under 

the definition of emergency use as it is designed to increase 

capacity in the system. Further discussion is available in the 

Response to Public Comments document in the docket. 

 However, in consideration of the short time between this 

final rule and the May 3, 2013, or October 19, 2013 compliance 

dates for affected sources, this final rule permits the use of 

existing stationary emergency engines located at area sources 

for 50 hours per year through May 3, 2014 for peak shaving or 

non-emergency demand response to generate income for a facility, 

or to otherwise supply power as part of a financial arrangement 

with another entity if the engines are operated as part of a 

peak shaving (load management) program with the local 

Comment [A40]: If possible, suggest expanding 

this discussion given the likely interest that readers 

will have in EPA’s change from proposal. 

Comment [A41]: We have added some 

additional discussion. 
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Page 62 of 222 

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 nonemergency 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 

Comment [A42]: Will these sources have to 

demonstrate compliance with management practices 

through some type of reporting mechanism? 

Comment [A43]: The rule does not require them 

to report compliance with the management practices 
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Page 63 of 222 

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 
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Page 64 of 222 

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 
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Page 65 of 222 

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. 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 
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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 

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 
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Page 67 of 222 

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. 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 
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Page 68 of 222 

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 1 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 
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Page 69 of 222 

year 2013, which is the first year the final RICE NESHAP will be 

implemented for existing stationary RICE. 

Table 1. 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 
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Page 70 of 222 

infrequently for emergency demand response events.6

 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 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?

 

6

See document number EPA-HQ-OAR-2008-0708-1142 in the rulemaking 

docket. 
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Page 71 of 222 

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 2 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 2. 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 
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Page 72 of 222 

changes to the NSPS are minor and are not expected to impact the 

costs of those rules. 

C. What are the benefits?

Emission controls installed to meet the requirements of 

this final rule will generate benefits by reducing emissions of 

HAP as well as criteria pollutants and their precursors, 

including CO, NOx and VOC. NOx and VOC are precursors to PM2.5 

(particles smaller than 2.5 microns) and ozone. The criteria 

pollutant benefits are considered co-benefits for this rule. For 

this final rule, the EPA was only able to quantify the health 

co-benefits associated with reduced exposure to PM2.5 from 

emission reductions of NOx and directly emitted PM2.5. The EPA 

has not re-estimated the benefits from the proposal for this 

final rule because the emission reductions have not changed 

since the reconsideration proposal. Since the June 7, 2012, 

reconsideration proposal, the EPA has updated the epidemiology 

studies used to calculate mortality and morbidity benefits in 

the PM NAAQS proposal RIA.7

 These updates would reduce the 

monetized benefits estimated for the RICE NESHAP reconsideration 

by less than 4 percent. 

 

7

 U.S. Environmental Protection Agency (U.S. EPA). 2012. 

Regulatory Impact Analysis for the Proposed Revisions to the 

National Ambient Air Quality Standards for Particulate Matter. 

EPA-452/R-12-003. Office of Air Quality Planning and Standards, 

Health and Environmental Impacts Division. June. Available at 

http://www.epa.gov/ttnecas1/regdata/RIAs/PMRIACombinedFile_Bookm

arked.pdf. 
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Page 73 of 222 

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.8

 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.9

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 

Regulatory Impact Analysis (RIA). The EPA estimates the 

monetized co-benefits of the final amendments of the CI NESHAP 

 

8

 U.S. Environmental Protection Agency. 2010. Regulatory Impact 

Analysis (RIA) for Existing Stationary Compression Ignition 

Engines NESHAP: Final Draft. Research Triangle Park, NC. 

February. 

http://www.epa.gov/ttn/ecas/regdata/RIAs/CIRICENESHAPRIA2-17-

0cleanpublication.pdf. 

9

 U.S. Environmental Protection Agency. 2010. Regulatory Impact 

Analysis (RIA) for Existing Stationary Spark Ignition (SI) RICE 

NESHAP: Final Report. Research Triangle Park, NC. August. 

http://www.epa.gov/ttn/ecas/regdata/RIAs/riceriafinal.pdf. 
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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 these two estimates.10 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 3 of this preamble. 

 

10 Roman, et al., 2008. Expert Judgment Assessment of the 

Mortality Impact of Changes in Ambient Fine Particulate Matter 

in the U.S., Environ. Sci. Technol., 42, 7, 2268 – 2274. 
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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 Rulesc

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 a

 All estimates are for the analysis year (2013) and are rounded 

to two significant figures so numbers may not sum across rows. 

The total monetized co-benefits reflect the human health 

benefits associated with reducing exposure to PM2.5 through 

reductions of PM2.5 precursors, such as NOx and directly emitted 

PM2.5. It is important to note that the monetized co-benefits do 

not include reduced health effects from exposure to HAP, direct 

exposure to NO2, exposure to ozone, ecosystem effects or 

visibility impairment. 

b

 PM co-benefits are shown as a range from Pope, et al. (2002) to 

Laden, et al. (2006). These models assume that all fine 

particles, regardless of their chemical composition, are equally 

potent in causing premature mortality because the scientific 

evidence is not yet sufficient to allow differentiation of 

effects estimates by particle type. 

c

 The benefits analysis for the 2010 final rules applied outdated benefit-per-ton estimates compared to the updated 

estimates described in this preamble and reflected monetized cobenefits 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. 
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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).11 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.12,13 The primary difference between the estimates used in 

 

11 Fann, N., C.M. Fulcher, B.J. Hubbell. 2009. The influence of 

location, source, and emission type in estimates of the human 

health benefits of reducing a ton of air pollution. Air Qual 

Atmos Health (2009) 2:169–176. 

12 U.S. Environmental Protection Agency. 2012. Technical support 

document: Estimating the benefit per ton of reducing PM2.5

precursors from other point sources. Research Triangle Park, NC. 13 Stationary engines are included in the other non-EGU point 

source category. If the affected stationary engines are more 
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this analysis and the estimates reported in Fann, Fulcher and 

Hubbell (2009) is the air quality modeling data utilized. While 

the air quality data used in Fann, Fulcher and Hubbell (2009) 

reflects broad pollutant/source category combinations, such as 

all non-EGU stationary point sources, the air quality modeling 

data used in this analysis has narrower sector categories. In 

addition, the updated air quality modeling data reflects more 

recent emissions data (2005 rather than 2001) and has a higher 

spatial resolution (12 km rather than 36 km grid cells). The 

benefits methodology, such as health endpoints assessed, risk 

estimates applied, and valuation techniques applied did not 

change. As a result, the benefit-per-ton estimates presented 

herein better reflect the geographic areas and populations 

likely to be affected by this sector. However, these updated 

estimates still have similar limitations as all national-average 

benefit-per-ton estimates in that they reflect the geographic 

distribution of the modeled emissions, which may not exactly 

match the emission reductions in this rulemaking, and they may 

not reflect local variability in population density, 

 

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. 
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meteorology, exposure, baseline health incidence rates or other 

local factors for any specific location. 

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. 

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 

PM2.5 has a lower benefit-per-ton estimate than direct PM2.5
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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 cobenefits 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 study14 and the 

extended Six Cities cohort study.15 In the RIA for this proposed 

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 

 

14 Pope, et al., 2002. Lung Cancer, Cardiopulmonary Mortality, 

and Long-term Exposure to Fine Particulate Air Pollution. 

Journal of the American Medical Association 287:1132-1141. 

15 Laden, et al., 2006. Reduction in Fine Particulate Air 

Pollution and Mortality. American Journal of Respiratory and 

Critical Care Medicine 173: 667-672. 
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is the most appropriate model for assessing the mortality 

benefits associated with reducing PM2.5 exposure. Consistent with 

this finding, the EPA has conformed the previous threshold 

sensitivity analysis to the current state of the PM science by 

incorporating a new “Lowest Measured Level” (LML) assessment in 

the RIA accompanying these rules. While an LML assessment 

provides some insight into the level of uncertainty in the 

estimated PM mortality benefits, the EPA does not view the LML 

as a threshold and continues to quantify PM-related mortality 

impacts using a full range of modeled air quality 

concentrations. 

Most of the estimated PM-related co-benefits for these 

rules would accrue to populations exposed to higher levels of 

PM2.5. For this analysis, policy-specific air quality data are 

not available due to time or resource limitations, and, thus, 

the EPA is unable to estimate the percentage of premature 

mortality associated with this specific rule’s emission 

reductions at each PM2.5 level. As a surrogate measure of 

mortality impacts, the EPA provides the percentage of the 

population exposed at each PM2.5 level using the source 

apportionment modeling used to calculate the benefit-per-ton 

estimates for this sector. Using the Pope, et al. (2002) study, 

77 percent of the population is exposed to annual mean PM2.5

levels at or above the LML of 7.5 micrograms per cubic meter 
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(μg/m3

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

population is exposed above the LML of 10 μg/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 
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Page 82 of 222 

benefits analysis16 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 proposed 

amendments, the EPA includes a qualitative assessment of these 

unquantified benefits in the RIA for these final amendments. 

For more information on the benefits analysis, please refer 

to the RIA for these proposed amendments, which is 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 

 

16 U.S. Environmental Protection Agency, 2006. Proposed 

amendments Regulatory Impact Analysis: PM2.5 NAAQS. Prepared by 

Office of Air and Radiation. October. Available on the Internet 

at http://www.epa.gov/ttn/ecas/ria.html. 
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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 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 4 of this preamble. The summary for 

stationary SI engines is included in Table 5 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. 
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Page 84 of 222 

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.17

These updates would reduce the monetized benefits estimated for 

the RICE NESHAP reconsideration by less than 4 percent. 

Table 4. 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 

Benefitsb $770 to $1,900 $690 to $1,700 

Total Compliance 

Costsc $373 $373 

Net Benefits $400 to $1,500 $320 to $1,300 

 

17 U.S. Environmental Protection Agency (U.S. EPA). 2012. 

Regulatory Impact Analysis for the Proposed Revisions to the 

National Ambient Air Quality Standards for Particulate Matter. 

EPA-452/R-12-003. Office of Air Quality Planning and Standards, 

Health and Environmental Impacts Division. June. Available at 

http://www.epa.gov/ttnecas1/regdata/RIAs/PMRIACombinedFile_Bookm

arked.pdf. 
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Non-Monetized 

Benefits 

Health effects from exposure to HAP 

Health effects from direct exposure to NO2

and ozone 

Health effects from PM2.5 exposure from VOC 

Ecosystem effects 

Visibility impairment a

 All estimates are for the implementation year (2013) and are 

rounded to two significant figures. 

b

 The total monetized co-benefits reflect the human health 

benefits associated with reducing exposure to PM2.5 through 

reductions of PM2.5 precursors, such as NOx and directly emitted 

PM2.5. Co-benefits are shown as a range from Pope, et al. (2002) 

to Laden, et al. (2006). These models assume that all fine 

particles, regardless of their chemical composition, are equally 

potent in causing premature mortality because the scientific 

evidence is not yet sufficient to allow differentiation of 

effects estimates by particle type. 

c

 The engineering compliance costs are annualized using a 7- 

percent discount rate. 

Table 5. 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 

Benefitsb $62 to $150 $55 to $140 

Total Compliance 

Costsc $115 $115 

Net Benefits $-53 to $35 $-60 to $25 

Non-Monetized 

Benefits 

Health effects from exposure to HAP 

Health effects from direct exposure to NO2

and ozone 

Health effects from PM2.5 exposure from VOC 

Ecosystem effects 

Visibility impairment a

 All estimates are for the implementation year (2013) and are 

rounded to two significant figures. 

b

 The total monetized co-benefits reflect the human health 

benefits associated with reducing exposure to PM2.5 through 

reductions of PM2.5 precursors, such as NOx and directly emitted 

PM2.5. Co-benefits are shown as a range from Pope, et al. (2002) 

to Laden, et al. (2006). These models assume that all fine 
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Page 86 of 222 

particles, regardless of their chemical composition, are equally 

potent in causing premature mortality because the scientific 

evidence is not yet sufficient to allow differentiation of 

effects estimates by particle type. 

c

 The engineering compliance costs are annualized using a 7- 

percent discount rate. 

For more information on the cost-benefit analysis, please 

refer to the RIA for these final amendments, which is available 

in the docket. 

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 

Comment [A45]: Please provide us with the 

supporting statement and IC(s). 
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Page 87 of 222 

burden beginning in 2016 would only be included starting with 

the first ICR renewal. 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 
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Page 88 of 222 

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 
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Page 89 of 222 

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 
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Page 90 of 222 

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 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 
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Page 91 of 222 

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. 
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Page 92 of 222 

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 No. 104-113, 12(d) 
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Page 93 of 222 

(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. 
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Page 94 of 222 

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 spark ignition 

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 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 95 of 222 

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 

[INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. 

 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines; New Source 

Performance Standards for Stationary Internal Combustion Engines

Page 96 of 222

List of Subjects 

40 CFR part 60 

Administrative practice and procedure, Air pollution control, 

Incorporation by reference, Intergovernmental relations, 

Reporting and recordkeeping. 

40 CFR part 63 

Administrative practice and procedure, Air pollution control, 

Hazardous substances, Incorporation by reference, 

Intergovernmental relations, Reporting and recordkeeping 

requirements. 

______________________ 

Dated: 

______________________ 

Lisa P. Jackson, 

Administrator. 
***E.O. 12866 Review – Draft – Do Not Cite, Quote, or Release During Review*** 

Page 97 of 222

6560-50-P 

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, 1325 G Street, N.W., 

Suite 600, Washington, DC 20005-3801, http://www.nerc.com, and 

is available at the following website: 

http://www.nerc.com/files/EOP-002-3_1.pdf. 

 (1) North American Electric Reliability Corporation 

Reliability Standard EOP-002-3, Capacity and Energy Emergencies, 

adopted August 5, 2010, IBR approved for §§60.4211(f)(2)(ii) and 

60.4243(d)(2)(ii). 

 (2) [Reserved] 

Subpart IIII—[amended]
Page 98 of 222

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 
Page 99 of 222

operation, maintenance and testing, emergency demand response, 

and operation in non-emergency situations for 50 hours per year, 

as described in paragraphs (f)(1) through (3) of this section, 

is prohibited. If you do not operate the engine according to the 

requirements in paragraphs (f)(1) through (3) of this section, 

the engine will not be considered an emergency engine under this 

subpart and must meet all requirements for non-emergency 

engines. 

(1) There is no time limit on the use of emergency 

stationary ICE in emergency situations. 

 (2) You may operate your emergency stationary ICE for any 

combination of the purposes specified in paragraphs (f)(2)(i) 

through (iii) of this section for a maximum of 100 hours per 

calendar year. Any operation for non-emergency situations as 

allowed by paragraph (f)(3) of this section counts as part of 

the 100 hours per calendar year allowed by this paragraph 

(f)(2). 

 (i) Emergency stationary ICE may be operated for 

maintenance checks and readiness testing, provided that the 

tests are recommended by federal, state or local government, the 

manufacturer, the vendor, the regional transmission organization 

or equivalent balancing authority and transmission operator, or 

the insurance company associated with the engine. The owner or 

operator may petition the Administrator for approval of 
Page 100 of 222

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 

non-emergency situations cannot be used for peak shaving or non-
Page 101 of 222

emergency demand response, or to generate income for a facility 

to an electric grid or otherwise supply power as part of a 

financial arrangement with another entity. 

 (i) The 50 hours per year for non-emergency situations can 

be used to supply power as part of a financial arrangement with 

another entity if all of the following conditions are met: 

 (A) The engine is dispatched by the local balancing 

authority or local transmission and distribution system 

operator; 

 (B) The dispatch is intended to mitigate local transmission 

and/or distribution limitations so as to avert potential voltage 

collapse or line overloads that could lead to the interruption 

of power supply in a local area or region. 

 (C) The dispatch follows reliability, emergency operation 

or similar protocols that follow specific NERC, regional, state, 

public utility commission or local standards or guidelines. 

 (D) The power is provided only to the facility itself or to 

support the local transmission and distribution system. 

 (E) The owner or operator identifies and records the entity 

that dispatches the engine and the specific NERC, regional, 

state, public utility commission or local standards or 

guidelines that are being followed for dispatching the engine. 

The local balancing authority or local transmission and 
Page 102 of 222

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. 
Page 103 of 222

 (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 
Page 104 of 222

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. 
Page 105 of 222

 (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 
Page 106 of 222

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 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. 

(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 
Page 107 of 222

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 

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. 

(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 
Page 108 of 222

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. 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?

* * * * * 
Page 109 of 222

(d) If you own or operate an emergency stationary ICE, you 

must operate the emergency stationary ICE according to the 

requirements in paragraphs (d)(1) through (3) of this section. 

In order for the engine to be considered an emergency stationary 

ICE under this subpart, any operation other than emergency 

operation, maintenance and testing, emergency demand response, 

and operation in non-emergency situations for 50 hours per year, 

as described in paragraphs (d)(1) through (3) of this section, 

is prohibited. If you do not operate the engine according to the 

requirements in paragraphs (d)(1) through (3) of this section, 

the engine will not be considered an emergency engine under this 

subpart and must meet all requirements for non-emergency 

engines. 

(1) There is no time limit on the use of emergency 

stationary ICE in emergency situations. 

 (2) You may operate your emergency stationary ICE for any 

combination of the purposes specified in paragraphs (d)(2)(i) 

through (iii) of this section for a maximum of 100 hours per 

calendar year. Any operation for non-emergency situations as 

allowed by paragraph (d)(3) of this section counts as part of 

the 100 hours per calendar year allowed by this paragraph 

(d)(2). 

 (i) Emergency stationary ICE may be operated for 

maintenance checks and readiness testing, provided that the 
Page 110 of 222

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 
Page 111 of 222

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 nonemergency situations cannot be used for peak shaving or nonemergency demand response, or to generate income for a facility 

to an electric grid or otherwise supply power as part of a 

financial arrangement with another entity. 

 (i) The 50 hours per year for non-emergency situations can 

be used to supply power as part of a financial arrangement with 

another entity if all of the following conditions are met: 

 (A) The engine is dispatched by the local balancing 

authority or local transmission and distribution system 

operator; 

 (B) The dispatch is intended to mitigate local transmission 

and/or distribution limitations so as to avert potential voltage 

collapse or line overloads that could lead to the interruption 

of power supply in a local area or region. 

 (C) The dispatch follows reliability, emergency operation 

or similar protocols that follow specific NERC, regional, state, 

public utility commission or local standards or guidelines. 

 (D) The power is provided only to the facility itself or to 

support the local transmission and distribution system. 
Page 112 of 222

 (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 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: 
Page 113 of 222

 (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. 
Page 114 of 222

(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 
Page 115 of 222

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: 

Table 2 to Subpart JJJJ of Part 60 –- Requirements for 

Performance Tests 

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: 

For each Complying 

with the 

requirement 

to 

You must Using According 

to the 

following 

requirement

s 
Page 116 of 222

1. 

Stationary 

SI internal 

combustion 

engine 

demonstrati

ng 

compliance 

according 

to 

§60.4244. 

a. limit 

the 

concentrati

on 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(2005)a

. 

(a) If 

using a 

control 

device, the 

sampling 

site must 

be located 

at the 

outlet of 

the control 

device. 

ii. 

Determine 

the O2

concentrati

on 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(2005)a

. 

(b) 

Measurement

s to 

determine 

O2

concentrati

on must be 

made at the 

same time 

as the 

measurement

s for NOx

concentrati

on. 

iii. If 

necessary, 

determine 

the exhaust 

flowrate of 

the 

stationary 

internal 

combustion 

engine 

exhaust; 

(3) Method 

2 or 19 of 

40 CFR part 

60. 
Page 117 of 222

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 

(incorporat

ed by 

reference, 

see 

§60.17). 

(c) 

Measurement

s to 

determine 

moisture 

must be 

made at the 

same time 

as the 

measurement

for NOx 

concentrati

on. 

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(2005)a

, 

Method 320 

of 40 CFR 

part 63, 

appendix A, 

or ASTM D 

6348-03 

(incorporat

ed by 

reference, 

see 

§60.17). 

(d) Results 

of this 

test 

consist of 

the average 

of the 

three 1-

hour or 

longer 

runs. 

b. limit 

the 

concentrati

on 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(2005)a

. 

(a) If 

using a 

control 

device, the 

sampling 

site must 

be located 

at the 

outlet of 

the control 

device. 
Page 118 of 222

ii. 

Determine 

the O2

concentrati

on 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(2005)a

. 

(b) 

Measurement

s to 

determine 

O2

concentrati

on must be 

made at the 

same time 

as the 

measurement

s for CO 

concentrati

on. 

iii. If 

necessary, 

determine 

the exhaust 

flowrate of 

the 

stationary 

internal 

combustion 

engine 

exhaust; 

(3) Method 

2 or 19 of 

40 CFR part 

60. 

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 

(incorporat

ed by 

reference, 

see 

§60.17). 

(c) 

Measurement

s to 

determine 

moisture 

must be 

made at the 

same time 

as the 

measurement

for CO 

concentrati

on. 
Page 119 of 222

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(2005)a

, 

Method 320 

of 40 CFR 

part 63, 

appendix A, 

or ASTM D 

6348-03 

(incorporat

ed by 

reference, 

see 

§60.17). 

(d) Results 

of this 

test 

consist of 

the average 

of the 

three 1-

hour or 

longer 

runs. 

c. limit 

the 

concentrati

on 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

concentrati

on 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(2005) a. 

(b) 

Measurement

s to 

determine 

O2

concentrati

on must be 

made at the 

same time 

as the 

measurement

s for VOC 

concentrati

on. 
Page 120 of 222

iii. If 

necessary, 

determine 

the exhaust 

flowrate of 

the 

stationary 

internal 

combustion 

engine 

exhaust; 

(3) Method 

2 or 19 of 

40 CFR part 

60. 

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 

(incorporat

ed by 

reference, 

see 

§60.17). 

(c) 

Measurement

s to 

determine 

moisture 

must be 

made at the 

same time 

as the 

measurement

for VOC 

concentrati

on. 
Page 121 of 222

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 

Ac,d, Method 

320 of 40 

CFR part 

63, 

appendix A, 

or ASTM D 

6348-03 

(incorporat

ed by 

reference, 

see 

§60.17). 

(d) Results 

of this 

test 

consist of 

the average 

of the 

three 1-

hour or 

longer 

runs. 

a

 ASTM D6522-00 is incorporated by reference; see 40 CFR 60.17. 

Also, you may petition the Administrator for approval to use 

alternative methods for portable analyzer. 

b

 You may use ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, 

for measuring the O2 content of the exhaust gas as an alternative 

to EPA Method 3B. 

c

 You may use EPA Method 18 of 40 CFR part 60, appendix A, 

provided that you conduct an adequate presurvey test prior to 

the emissions test, such as the one described in OTM 11 on EPA’s 

website (http://www.epa.gov/ttn/emc/prelim/otm11.pdf). 

d

 You may use ASTM D6420-99 (2004), Test Method for Determination 

of Gaseous Organic Compounds by Direct Interface Gas 

Chromatography/Mass Spectrometry as an alternative to EPA Method 

18 for measuring total nonmethane organic. 

PART 63--[AMENDED]
Page 122 of 222

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 paragraph (b)(28); 

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), 63.772(e), 63.1282(a), 63.1282(d), 63.2351(b), 

63.2354(b) and table 8 to subpart HHHHHHH of this part. 

* * * * * 

(d) * * * 

 (10) Alaska Statute 42.45.045. Renewable energy grant fund 

and recommendation program, available at 

http://www.legis.state.ak.us/basis/folio.asp, IBR approved for 

§63.6675. 
Page 123 of 222

* * * * * 

(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) 

and 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, 1325 G Street, N.W., 

Suite 600, Washington, DC 20005-3801, http://www.nerc.com, and 

is available at the following website: 

http://www.nerc.com/files/EOP-002-3_1.pdf. 

 (1) North American Electric Reliability Corporation 

Reliability Standard EOP-002-3, Capacity and Energy Emergencies, 

adopted August 5, 2010, IBR approved for §63.6640(f)(2)(ii). 

(2) [Reserved] 
Page 124 of 222

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 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 
Page 125 of 222

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 paragraph 

(b)(1)(i) and (b)(3)(iii) and removing paragraphs (b)(3)(vi) 

through (viii) to 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). 
Page 126 of 222

* * * * * 

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, 
Page 127 of 222

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 (b); and 

c. Adding paragraphs (d) through (f) to read as follows: 

§63.6603 What emission limitations, operating limitations, and 

other requirements must I meet if I own or operate an existing 

stationary RICE located at an area source of HAP emissions?
Page 128 of 222

* * * * * 

 (b) If you own or operate an existing stationary nonemergency 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 

(b)(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 (b)(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), (b)(2)(ii), and (b)(2)(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. 
Page 129 of 222

 (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 nonemergency CI RICE with a site rating of more than 300 HP located 

on an offshore vessel that is an area source of HAP and is a 

nonroad vehicle that is an Outer Continental Shelf (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. 
Page 130 of 222

 (4) Inspect all flexible hoses every 1,000 hours of 

operation or annually, whichever comes first, and replace as 

necessary. 

 (d) If you own or operate an existing non-emergency CI RICE 

with a site rating of more than 300 HP located at an area source 

of HAP emissions that is certified to the Tier 1 or Tier 2 

emission standards in Table 1 of 40 CFR 89.112 and that is 

subject to an enforceable state or local standard that requires 

the engine to be replaced no later than June 1, 2018, you may 

until January 1, 2015, or 12 years after the installation date 

of the engine (whichever is later), but not later than June 1, 

2018, choose to comply with the management practices that are 

shown for stationary non-emergency CI RICE with a site rating of 

less than or equal to 300 HP in Table 2d of this subpart instead 

of the applicable emission limitations in Table 2d, operating 

limitations in Table 2b, and crankcase ventilation system 

requirements in §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 

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 
Page 131 of 222

after the installation date of the engine (whichever is later), 

but not later than June 1, 2018. 

 (e) If you own or operate an existing non-emergency CI RICE 

with a site rating of more than 300 HP located at an area source 

of HAP emissions that is certified to the Tier 3 (Tier 2 for 

engines above 560 kilowatt (kW)) emission standards in Table 1 

of 40 CFR 89.112, you may comply with the requirements under 

this part by meeting the requirements for Tier 3 engines (Tier 2 

for engines above 560 kW) in 40 CFR part 60 subpart IIII instead 

of the emission limitations and other requirements that would 

otherwise apply under this part for existing non-emergency CI 

RICE with a site rating of more than 300 HP located at an area 

source of HAP emissions. 

 (f) An existing non-emergency SI 4SLB and 4SRB stationary 

RICE with a site rating of more than 500 HP located at area 

sources of HAP must meet the definition of remote stationary 

RICE in §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 
Page 132 of 222

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 non-emergency SI 4SLB and 

4SRB stationary RICE with a site rating of more than 500 HP 

located at area sources of HAP that are not remote stationary 

RICE within 1 year of the evaluation. 

 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, nonblack 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 
Page 133 of 222

§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?
Page 134 of 222

 (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) 

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. 
Page 135 of 222

(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. 

* * * * * 

(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) (non-methane), or formaldehyde at 

the control device inlet, 

Co = concentration of CO, THC (non-methane), or 

formaldehyde at the control device outlet, and 

R = percent reduction of CO, THC (non-methane), 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 

Ci-Co

Ci x 100 = R (Eq. 1) 
Page 136 of 222

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. 

(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. 

Fo = 

0.209 Fd

Fc (Eq. 2) 

XCO2 = 5.9

Fo (Eq. 3) 
Page 137 of 222

(iii) Calculate the CO, THC (non-methane), and 

formaldehyde gas concentrations adjusted to 15 percent O2 using 

CO2 as follows: 

Where: 

 Cadj = Calculated concentration of CO, THC (non-methane), 

or formaldehyde adjusted to 15 percent O2. 

 Cd = Measured concentration of CO, THC (non-methane), 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 the first sentence in paragraph (a); 

b. Revising the first sentence in paragraph (b); 

c. Revising paragraph (e)(6), 

d. Revising paragraph (g), 

e. Revising paragraph (i); and 

f. Revising paragraph (j) to 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 

Cadj = Cd

XCO2

%CO2

 (Eq. 4) 
Page 138 of 222

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. * * * 

* * * * * 

 (e) * * * 

 (6) An existing non-emergency, non-black start stationary 

RICE located at an area source of HAP emissions which combusts 

landfill or digester gas equivalent to 10 percent or more of the 

gross heat input on an annual basis. 

* * * * * 

 (g) If you own or operate an existing non-emergency, nonblack 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 (g)(2) of 

this section. Owners and operators must follow the 

manufacturer’s specified maintenance requirements for operating 
Page 139 of 222

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 paragraph (g) of this section. Existing CI 

engines located on offshore vessels that meet §63.6603(c) do not 

have to meet the requirements of paragraph (g) of this section. 

 (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 
Page 140 of 222

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 
Page 141 of 222

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 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: 
Page 142 of 222

a. Revising the section heading; 

b. Revising paragraph (a); 

c. Adding paragraph (d); and 

d. Adding paragraph (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 non-emergency 4SLB and 4SRB stationary RICE with a site 

rating of more than 500 HP located at an area source of HAP that 

are not remote stationary RICE and that are operated more than 
Page 143 of 222

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 
Page 144 of 222

emissions and O2 emissions simultaneously at the inlet and outlet 

of the control device. 

24. Section 63.6640 is amended by: 

a. Amending the section heading; 

b. Revising paragraph (a); 

c. Revising paragraph (c); and 

d. Revising paragraph (f) to 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 non-emergency 4SLB and 4SRB stationary RICE with a site 

rating of more than 500 HP located at an area source of HAP that 

are not remote stationary RICE and that are operated more than 

24 hours per calendar year must be conducted according to the 

following requirements: 

 (1) The compliance demonstration must consist of at least 

one test run. 
Page 145 of 222

 (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 
Page 146 of 222

as safely possible, and appropriate corrective action must be 

taken (e.g., repairs, catalyst cleaning, catalyst replacement). 

The stationary RICE must be retested within 7 days of being 

restarted and the emissions must meet the levels specified in 

Table 6 of this subpart. If the retest shows that the emissions 

continue to exceed the specified levels, the stationary RICE 

must again be shut down as soon as safely possible, and the 

stationary RICE may not operate, except for purposes of startup 

and testing, until the owner/operator demonstrates through 

testing that the emissions do not exceed the levels specified in 

Table 6 of this subpart. 

* * * * * 

(f) If you own or operate an emergency stationary RICE, you 

must operate the emergency stationary RICE according to the 

requirements in paragraphs (f)(1) through (4) of this section. 

In order for the engine to be considered an emergency stationary 

RICE under this subpart, any operation other than emergency 

operation, maintenance and testing, emergency demand response, 

and operation in non-emergency situations for 50 hours per year, 

as described in paragraphs (f)(1) through (4) of this section, 

is prohibited. If you do not operate the engine according to the 

requirements in paragraphs (f)(1) through (4) of this section, 

the engine will not be considered an emergency engine under this 
Page 147 of 222

subpart and must meet all requirements for non-emergency 

engines. 

(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. 
Page 148 of 222

 (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 nonemergency 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) Existing emergency stationary RICE located at area 

sources of HAP may be operated for up to 50 hours per calendar 
Page 149 of 222

year in non-emergency situations. The 50 hours of operation in 

non-emergency situations are counted as part of the 100 hours 

per calendar year for maintenance and testing and emergency 

demand response provided in paragraph (f)(2) of this section. 

Except as provided in paragraphs (f)(4)(i) and (ii) of this 

section, the 50 hours per year for non-emergency situations 

cannot be used for peak shaving or non-emergency demand 

response, or to generate income for a facility to an electric 

grid or otherwise supply power as part of a financial 

arrangement with another entity. 

 (i) Prior to May 3, 2014, the 50 hours per year for nonemergency 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 non-emergency situations can 

be used to supply power as part of a financial arrangement with 

another entity if all of the following conditions are met: 

 (A) The engine is dispatched by the local balancing 

authority or local transmission and distribution system 

operator. 
Page 150 of 222

 (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 a new 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 
Page 151 of 222

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. 
Page 152 of 222

 (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. 

 (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. 
Page 153 of 222

 (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 the introductory 

text of paragraph (f) 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 
Page 154 of 222

(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 to 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. 

* * * * * 
Page 155 of 222

 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. 
Page 156 of 222

 (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. 
Page 157 of 222

(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 
Page 158 of 222

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: 

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 

As stated in §§63.6600, 63.6603, 63.6630 and 63.6640, you must 

comply with the following operating limitations for existing, 

new and reconstructed 4SRB stationary RICE >500 HP located at a 

major source of HAP emissions: 

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
Page 159 of 222

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 

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. 

Comply with any operating 

limitations approved by the 

Administrator. 

1

Sources 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: 

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

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:

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 

a. maintain your catalyst so 

that the pressure drop across 

the catalyst does not change by 
Page 160 of 222

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 

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
Page 161 of 222

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 

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 

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 

Comply with any operating 

limitations approved by the 

Administrator. 

1

Sources 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: 

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 
Page 162 of 222

As stated in §§63.6600, 63.6602, and 63.6640, you must comply 

with the following requirements for existing compression 

ignition stationary RICE located at a major source of HAP 

emissions and existing spark ignition stationary RICE ≤500 HP 

located at a major source of HAP emissions: 

For each... You must meet the 

following requirement, 

except during periods of 

startup... 

During periods of 

startup you must... 

1. Emergency 

stationary CI 

RICE and black 

start stationary 

CI RICE.1

 

 

a. Change oil and filter 

every 500 hours of 

operation or 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. NonEmergency, nonblack start 

stationary CI 

RICE <100 HP. 

 

a. Change oil and filter 

every 1,000 hours of 

operation or annually, 

whichever comes first2

; 

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. NonEmergency, nonblack 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. 
Page 163 of 222

4. NonEmergency, nonblack 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. NonEmergency, nonblack 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. NonEmergency, nonblack 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 first2

; 

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
Page 164 of 222

8. NonEmergency, nonblack start 2SLB 

stationary SI 

RICE <100 HP. 

a. Change oil and filter 

every 4,320 hours of 

operation or annually, 

whichever comes first2

; 

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. Nonemergency, nonblack 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. Nonemergency, nonblack 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. Nonemergency, nonblack 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. Nonemergency, nonblack 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 
Page 165 of 222

required schedule would otherwise pose an unacceptable risk 

under federal, state, or local law, the work practice can be 

delayed until the emergency is over or the unacceptable risk 

under federal, state, or local law has abated. The work practice 

should be performed as soon as practicable after the emergency 

has ended or the unacceptable risk under federal, state, or 

local law has abated. Sources must report any failure to perform 

the work practice on the schedule required and the federal, 

state or local law under which the risk was deemed unacceptable.

2

Sources have the option to utilize an oil analysis program as 

described in §63.6625(i) in order to extend the specified oil 

change requirement in Table 2c of this subpart. 

3 Sources can petition the Administrator pursuant to the 

requirements of 40 CFR 63.6(g) for alternative work practices. 

 32. Table 2d to Subpart ZZZZ of Part 63 is revised to read 

as follows: 

Table 2d to Subpart ZZZZ of Part 63. Requirements for Existing 

Stationary RICE Located at Area Sources of HAP Emissions 

As stated in §§63.6603 and 63.6640, you must comply with the 

following requirements for existing stationary RICE located at 

area sources of HAP emissions: 

For each... You must meet the 

following 

requirement, except 

during periods of 

startup... 

During periods of 

startup you must... 

1. Non-Emergency, 

non-black start CI 

stationary RICE 

<300 HP 

 

a. Change oil and 

filter every 1,000 

hours of operation 

or 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 

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. 
Page 166 of 222

operation or 

annually, whichever 

comes first, and 

replace as 

necessary. 

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 

RICE2

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 

c. Inspect all 

hoses and belts 

every 500 hours of 

operation or 

annually, whichever 

comes first, and 

replace as 

necessary. 
Page 167 of 222

5. Emergency 

stationary SI 

RICE; black start 

stationary SI 

RICE; nonemergency, 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 year2

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. 
Page 168 of 222

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. 
Page 169 of 222

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. 
Page 170 of 222

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 
Page 171 of 222

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. 1 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 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: 

Table 3 to Subpart ZZZZ of Part 63. Subsequent Performance Tests 

As stated in §§63.6615 and 63.6620, you must comply with the 

following subsequent performance test requirements: 
Page 172 of 222

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 

semiannually1

. 

2. 4SRB stationary 

RICE ≥5,000 HP 

located at major 

sources. 

Reduce 

formaldehyde 

emissions 

Conduct subsequent 

performance tests 

semiannually1

. 

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 

semiannually1

. 

4. Existing nonemergency, nonblack 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 nonemergency, nonblack 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. 

1 After you have demonstrated compliance for two consecutive 

tests, you may reduce the frequency of subsequent performance 

tests to annually. If the results of any subsequent annual 

performance test indicate the stationary RICE is not in 
Page 173 of 222

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: 

Table 4 to Subpart ZZZZ of Part 63. Requirements for Performance 

Tests 

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: 

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 

(2005)a

(incorpo

rated by 

referenc

e, see 

§63.14). 

(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 

(2005)a,b

(incorpo

ra-ted 

by 

referenc

e, see 

§63.14) 

(a) The CO 

concentration must be 

at 15 

percent O2, 

dry basis. 
Page 174 of 222

or 

Method 

10 of 40 

CFR part 

60, 

appendix 

A. 

2. 4SRB 

stationary 

RICE 

a. reduce 

formaldehyd

e 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(2005)

. 

(a) 

measurements 

to determine 

O2 

concentratio

n must be 

made at the 

same time as 

the 

measurements 

for 

formaldehyde 

or THC 

concentratio

n. 
Page 175 of 222

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) 

measurements 

to determine 

moisture 

content must 

be made at 

the same 

time and 

location as 

the 

measurements 

for 

formaldehyde 

or THC 

concentratio

n. 

iv. If 

demonstra

ting 

complianc

e with 

the 

formaldeh

yde 

percent 

reduction 

requireme

nt, 

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-

03c

, 

provided 

in ASTM 

D6348-03 

Annex A5 

(Analyte 

Spiking 

Techniqu

e), 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. 
Page 176 of 222

 v. If 

demonstra

ting 

complianc

e with 

the THC 

percent 

reduction 

requireme

nt, 

measure 

nonmethane 

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

concentra

tion of 

the 

stationar

y 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(2005)

. 

(a) 

measurements 

to determine 

O2 concentration must be 

made at the 

same time 

and location 

as the 

measurements 

for 

formaldehyde 

or CO 

concentration. 

iii. (1) (a) 
Page 177 of 222

Measure 

moisture 

content 

of the 

stationary RICE 

exhaust 

at the 

sampling 

port 

location; 

and 

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 

measurements 

to determine 

moisture 

content must 

be made at 

the same 

time and 

location as 

the 

measurements 

for 

formaldehyde 

or CO 

concentratio

n. 

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-

03c

, 

provided 

in ASTM 

D6348-03 

Annex A5 

(Analyte 

Spiking 

Techniqu

e), the 

percent 

R must 

be 

greater 

than or 

equal to 

70 and 

less 

than or 

equal to 

130. 

(a) 

Formaldehyde 

concentratio

n 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 

(1) 

Method 

(a) CO 

concentratio
Page 178 of 222

CO at the 

exhaust 

of the 

stationary RICE. 

10 of 40 

CFR part 

60, 

appendix 

A, ASTM 

Method 

D6522-00 

(2005)a

, 

Method 

320 of 

40 CFR 

part 63, 

appendix 

A, or 

ASTM 

D6348-

03. 

n 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

You may obtain a copy of ASTM-D6522-00 (2005) from at least one 

of the following addresses: American Society for Testing and 

Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-

2959, or University Microfilms International, 300 North Zeeb 

Road, Ann Arbor, MI 48106. ASTM-D6522-00 (2005) may be used to 

test both CI and SI stationary RICE. 

b

You may also use Method 320 of 40 CFR part 63, appendix A, or 

ASTM D6348-03. 

c

You may obtain a copy of ASTM-D6348-03 from at least one of the 

following addresses: American Society for Testing and Materials, 

100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or 

University Microfilms International, 300 North Zeeb Road, Ann 

Arbor, MI 48106. 

 35. Table 5 to Subpart ZZZZ of Part 63 is revised to read 

as follows: 

Table 5 to Subpart ZZZZ of Part 63. Initial Compliance with 

Emission Limitations and Operating Limitations 

As stated in §§63.6612, 63.6625 and 63.6630, you must initially 

comply with the emission and operating limitations as required 

by the following: 

For each . . . Complying with the 

requirement 

to . . . 

You have 

demonstrated 

initial 

compliance if . . . 
Page 179 of 222

1. New or 

reconstructed nonemergency 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 

non-emergency 

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. 
Page 180 of 222

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 nonemergency 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 

non-emergency 

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 
Page 181 of 222

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. 
Page 182 of 222

5. New or 

reconstructed nonemergency 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 

non-emergency 

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. 
Page 183 of 222

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 

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 
Page 184 of 222

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 
Page 185 of 222

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 nonemergency 

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 nonemergency 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 nonemergency 

a. Limit the 

concentration of 

formaldehyde in the 

i. The average 

formaldehyde 

concentration, 
Page 186 of 222

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 nonemergency 4SRB 

stationary RICE 

>500 HP located at 

a major source of 

HAP. 

stationary RICE 

exhaust and not 

using oxidation 

catalyst or NSCR 

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 nonemergency 

stationary RICE 

100≤HP≤500 located 

at a major source 

of HAP, and 

existing nonemergency 

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. 

12. Existing nonemergency 

stationary RICE 

100≤HP≤500 located 

at a major source 

of HAP, and 

existing nonemergency 

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 
Page 187 of 222

stationary CI RICE 

300<HP≤500 located 

at an area source 

of HAP. 

less than or equal 

to the formaldehyde 

or CO emission 

limitation, as 

applicable. 

13. Existing nonemergency 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 nonemergency 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 
Page 188 of 222

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: 

Table 6 to Subpart ZZZZ of Part 63. Continuous Compliance with 

Emission Limitations, Operating Limitations, Work Practices, and 

Management Practices 

As stated in §63.6640, you must continuously comply with the 

emissions and operating limitations and work or management 

practices as required by the following: 

For each . . . Complying with the 

requirement to . . 

. 

You must 

demonstrate 

continuous 

compliance by 

. . . 

1. New or 

reconstructed nonemergency 2SLB 

a. Reduce CO 

emissions and using 

an oxidation 

i. Conducting 

semiannual 

performance tests 
Page 189 of 222

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 nonemergency CI 

stationary RICE 

>500 HP located at 

a major source of 

HAP. 

catalyst, and using

a CPMS 

for CO to 

demonstrate that 

the required CO 

percent reduction 

is achieveda

; 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 nonemergency 2SLB 

stationary RICE 

>500 HP located at 

a major source of 

HAP, new or 

reconstructed nonemergency 4SLB 

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 achieveda

; and 
Page 190 of 222

stationary RICE 

≥250 HP located at 

a major source of 

HAP, and new or 

reconstructed nonemergency CI 

stationary RICE 

>500 HP located at 

a major source of 

HAP. 

ii. Collecting the 

approved operating 

parameter (if any) 

data according to 

§63.6625(b); and 

iii. Reducing these 

data to 4-hour 

rolling averages; 

and 

iv. Maintaining the 

4-hour rolling 

averages within the 

operating 

limitations for the 

operating 

parameters 

established during 

the performance 

test. 

3. New or 

reconstructed nonemergency 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 nonemergency 

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 
Page 191 of 222

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 

a. Reduce 

formaldehyde 

i. Collecting the 

approved operating 
Page 192 of 222

RICE >500 HP 

located at a major 

source of HAP. 

emissions and not 

using NSCR 

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 nonemergency 

stationary RICE 

>500 HP located at 

a major source of 

HAP and new or 

reconstructed nonemergency 4SLB 

stationary RICE 

250≤HP≤500 located 

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 

limita

; and 
Page 193 of 222

at a major source 

of HAP. 

ii. Collecting the 

catalyst inlet 

temperature data 

according to 

§63.6625(b); and 

iii. Reducing these 

data to 4-hour 

rolling averages; 

and 

iv. Maintaining the 

4-hour rolling 

averages within the 

operating 

limitations for the 

catalyst inlet 

temperature; and 

v. Measuring the 

pressure drop 

across the catalyst 

once per month and 

demonstrating that 

the pressure drop 

across the catalyst 

is within the 

operating 

limitation 

established during 

the performance 

test. 

8. New or 

reconstructed nonemergency 

stationary RICE 

>500 HP located at 

a major source of 

HAP and new or 

reconstructed nonemergency 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 

limita

; and 

ii. Collecting the 

approved operating 

parameter (if any) 

data according to 
Page 194 of 222

 §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 nonemergency 

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 nonemergency 

stationary CI RICE 

≤300 HP located at 

an area source of 

HAP, existing nonemergency 2SLB 

stationary RICE 

located at an area 

source of HAP, 

existing nonemergency 

stationary SI 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. 
Page 195 of 222

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 

non-emergency 4SLB 

and 4SRB 

stationary RICE 

≤500 HP located at 

an area source of 

HAP, existing nonemergency 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 nonemergency 4SLB and 

4SRB stationary 

RICE >500 HP 

located at an area 

source of HAP that 

are remote 

stationary RICE. 

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 
Page 196 of 222

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 
Page 197 of 222

the required CO or 

formaldehyde, as 

appropriate, 

percent reduction 

is achieved or that 

your emissions 

remain at or below 

the CO or 

formaldehyde 

concentration 

limit; and 

ii. Collecting the 

approved operating 

parameter (if any) 

data according to 

§63.6625(b); and 

iii. Reducing these 

data to 4-hour 

rolling averages; 

and 

iv. Maintaining the 

4-hour rolling 

averages within the 

operating 

limitations for the 

operating 

parameters 

established during 

the performance 

test. 

12. Existing 

limited use CI 

stationary RICE 

>500 HP. 

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 
Page 198 of 222

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 
Page 199 of 222

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 nonemergency 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 
Page 200 of 222

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 

operating 

limitations for the 

catalyst inlet 

temperature; or 

iii. Immediately 

shutting down the 

engine if the 

catalyst inlet 

temperature exceeds 

1350° F. 

15. Existing nonemergency 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 
Page 201 of 222

to 4-hour rolling 

averages; and 

maintaining the 4-

hour rolling 

averages within the 

operating 

limitations for the 

catalyst inlet 

temperature; or 

iii. Immediately 

shutting down the 

engine if the 

catalyst inlet 

temperature exceeds 

1250° F. a

After you have demonstrated compliance for two consecutive 

tests, you may reduce the frequency of subsequent performance 

tests to annually. If the results of any subsequent annual 

performance test indicate the stationary RICE is not in 

compliance with the CO or formaldehyde emission limitation, or 

you deviate from any of your operating limitations, you must 

resume semiannual performance tests. 

37. Table 7 to Subpart ZZZZ of Part 63 is revised to read 

as follows: 

Table 7 to Subpart ZZZZ of Part 63. Requirements for Reports 

As stated in §63.6650, you must comply with the following 

requirements for reports: 

For each . . . You must 

submit a . 

. . 

The report must 

contain . . . 

You must submit 

the report . . 

. 

1. Existing nonemergency, nonblack start 

stationary RICE 

100≤HP≤500 located 

at a major source 

of HAP; existing 

non-emergency, 

non-black start 

stationary CI RICE 

>500 HP located at 

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 

i. Semiannually 

according to 

the 

requirements in 

§63.6650(b)(1)-

(5) for engines 

that are not 

limited use 

stationary RICE 

subject to 

numerical 
Page 202 of 222

a major source of 

HAP; existing nonemergency 4SRB 

stationary RICE 

>500 HP located at 

a major source of 

HAP; existing nonemergency, nonblack start 

stationary CI RICE 

>300 HP located at 

an area source of 

HAP; new or 

reconstructed nonemergency 

stationary RICE 

>500 HP located at 

a major source of 

HAP; and new or 

reconstructed nonemergency 4SLB 

stationary RICE 

250≤HP≤500 located 

at a major source 

of HAP 

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-ofcontrol during 

the reporting 

period; or 

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 i. Semiannually 
Page 203 of 222

malfunction 

during the 

reporting 

period, the 

information in 

§63.6650(c)(4). 

according to 

the 

requirements in 

§63.6650(b). 

2. New or 

reconstructed nonemergency 

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 nonemergency, nonblack start 4SLB 

Compliance 

report 

a. The results 

of the annual 

compliance 

i. Semiannually 

according to 

the 
Page 204 of 222

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 

demonstration, 

if conducted 

during the 

reporting 

period. 

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. 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 
Page 205 of 222

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 
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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: 
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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 
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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, 
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remains relatively constant during a measurement data phase, 

then declines during a refresh phase. The sample conditioning 

phase exposes the EC cell to the gas sample for a length of time 

sufficient to reach a constant response. The measurement data 

phase is the time interval during which gas sample measurements 

can be made that meet the acceptance criteria of this protocol. 

The refresh phase then purges the EC cells with CO-free air. The 

refresh phase replenishes requisite O2 and moisture in the 

electrolyte reserve and provides a mechanism to de-gas or desorb 

any interference gas scrubbers or filters so as to enable a 

stable CO EC cell response. There are four primary types of 

sampling runs: pre- sampling calibrations; stack gas sampling; 

post-sampling calibration checks; and measurement system 

repeatability checks. Stack gas sampling runs can be chained 

together for extended evaluations, providing all other 

procedural specifications are met. 

3.10 Sampling Day. A time not to exceed twelve hours from the 

time of the pre-sampling calibration to the post-sampling 

calibration check. During this time, stack gas sampling runs can 

be repeated without repeated recalibrations, providing all other 

sampling specifications have been met. 

3.11 Pre-Sampling Calibration/Post-Sampling Calibration Check.

The protocols executed at the beginning and end of each sampling 
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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 been reported to interfere with CO 

concentration measurements. In the likelihood of this 

occurrence, it is the protocol user’s responsibility to employ 

and properly maintain an appropriate CO EC cell filter or 

scrubber for removal of these gases, as described in Section 

6.2.12.

5.0 Safety. [Reserved]

6.0 Equipment and Supplies.

6.1 What equipment do I need for the measurement system? 

The system must maintain the gas sample at conditions that will 

prevent moisture condensation in the sample transport lines, 

both before and as the sample gas contacts the EC cells. The 

essential components of the measurement system are described 

below. 

6.2 Measurement System Components. 

6.2.1 Sample Probe. A single extraction-point probe constructed 

of glass, stainless steel or other non-reactive material, and of 
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length sufficient to reach any designated sampling point. The 

sample probe must be designed to prevent plugging due to 

condensation or particulate matter. 

6.2.2 Sample Line. Non-reactive tubing to transport the effluent 

from the sample probe to the EC cell. 

6.2.3 Calibration Assembly (optional). A three-way valve 

assembly or equivalent to introduce calibration gases at ambient 

pressure at the exit end of the sample probe during calibration 

checks. The assembly must be designed such that only stack gas 

or calibration gas flows in the sample line and all gases flow 

through any gas path filters. 

6.2.4 Particulate Filter (optional). Filters before the inlet of 

the EC cell to prevent accumulation of particulate material in 

the measurement system and extend the useful life of the 

components. All filters must be fabricated of materials that are 

non-reactive to the gas mixtures being sampled. 

6.2.5 Sample Pump. A leak-free pump to provide undiluted sample 

gas to the system at a flow rate sufficient to minimize the 

response time of the measurement system. If located upstream of 

the EC cells, the pump must be constructed of a material that is 

non-reactive to the gas mixtures being sampled. 

6.2.8 Sample Flow Rate Monitoring. An adjustable rotameter or 

equivalent device used to adjust and maintain the sample flow 

rate through the analyzer as prescribed. 
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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 o

C 

or o

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 performanceestablished 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 
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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 upscale 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 
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dry ambient air (20.9 percent O2) for the up-scale O2 calibration 

gas.

7.1.3 Zero Gas. Use an inert gas that contains less than 0.25 

percent of the up-scale CO calibration gas concentration. You 

may use dry air that is free from ambient CO and other 

combustion gas products (e.g., CO2).

8.0 Sample Collection and Analysis

8.1 Selection of Sampling Sites. 

8.1.1 Control Device Inlet. Select a sampling site sufficiently 

downstream of the engine so that the combustion gases should be 

well mixed. Use a single sampling extraction point near the 

center of the duct (e.g., within the 10 percent centroidal 

area), unless instructed otherwise.

8.1.2 Exhaust Gas Outlet. Select a sampling site located at 

least two stack diameters downstream of any disturbance (e.g., 

turbocharger exhaust, crossover junction or recirculation takeoff) 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 
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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 
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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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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. 
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10.2 Post-Sampling Calibration Check. Conduct a stack gas postsampling 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 resampling 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 
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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 
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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
Page 221 of 222

(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 GRI96/0008, Revision 7, October 13, 1997. 

(3) "ICAC Test Protocol for Periodic Monitoring”, EMC 

Conditional Test Protocol 34 (CTM-034), The Institute of Clean 

Air Companies, September 8, 1999. 

(4) “Code of Federal Regulations”, Protection of Environment, 

40 CFR, Part 60, Appendix A, Methods 1-4; 10. 

Table 1: Appendix A - Sampling Run Data. 

Facility________________ Engine I.D.______________ Date_________ 

 Run Type: (__) (__) (__) (__) 

 (X) Pre-Sample Stack Gas Post-Sample Repeatability 

 Calibration Sample Cal. Check Check 

 

Run # 1 1 2 2 3 3 4 4 Time Scrub. 

OK 

FlowRate 

Gas O2 CO O2 CO O2 CO O2 CO 

 

Sample 

Cond. 

Phase 

 

“ 

“ 

“ 

“ 
Page 222 of 222

 

Measurement 

Data 

Phase 

 

“ 

“ 

“ 

“ 

“ 

“ 

“ 

“ 

“ 

“ 

 

 Mean 

 

Refresh 

Phase 

 

“ 

“ 

“ 

“