```

[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Proposed Rules]
[Pages 33812-33857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13193]

[[Page 33811]]

Vol. 77

Thursday,

No. 110

June 7, 2012

Part II

Environmental Protection Agency

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40 CFR Parts 60 and 63

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

Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / 
Proposed Rules

[[Page 33812]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2008-0708, FRL-9679-3]
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: Proposed rule.

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SUMMARY: The EPA is proposing amendments to the national emission 
standards for hazardous air pollutants for stationary reciprocating 
internal combustion engines under section 112 of the Clean Air Act. The 
proposed 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 also proposing to include a limited temporary 
allowance for existing stationary emergency area source engines to be 
used for peak shaving and non-emergency demand response. In addition, 
the EPA is proposing to increase the hours that stationary emergency 
engines may be used for emergency demand response. The proposed 
amendments also correct minor mistakes in the pre-existing regulations.

DATES: Comments. Comments must be received on or before July 23, 2012, 
or 30 days after date of public meeting if later.
    Public Meeting. If anyone contacts us requesting to speak at a 
public meeting by June 14, 2012, a public meeting will be held on June 
22, 2012. If you are interested in attending the public meeting, 
contact Ms. Pamela Garrett at (919) 541-7966 to verify that a meeting 
will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0708, by one of the following methods:
    www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460. Please include a total of two copies. 
The EPA requests a separate copy also be sent to the contact person 
identified below (see FOR FURTHER INFORMATION CONTACT).
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, Room B102, 1301 Constitution Avenue NW., Washington, 
DC. Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0708. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
on-line at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses.
    Public Meeting: If a public meeting is held, it will be held at the 
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle 
Park, NC or an alternate site nearby.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. The EPA also relies on documents in Docket 
ID Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, EPA-HQ-OAR-2005-
0030, and EPA-HQ-OAR-2010-0295, and incorporated those dockets into the 
record for this action. Although listed in the index, some information 
is not publicly available, e.g., CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air and Radiation Docket, 
EPA/DC, EPA West, Room B102, 1301 Constitution Ave. NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

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

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

I. General Information
    A. Executive Summary
    B. Does this action apply to me?
    C. What should I consider as I prepare my comments for the EPA?
II. Summary of Proposed Amendments
    A. Total Hydrocarbon Compliance Demonstration Option
    B. Emergency Demand Response/Peak Shaving
    C. Non-Emergency Stationary SI RICE Greater than 500 HP Located 
at Area Sources
    D. Stationary Agricultural RICE in San Joaquin Valley
    E. Remote Areas of Alaska
    F. Miscellaneous Corrections and Revisions
    G. Compliance Date
III. 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?
IV. Solicitation of Public Comments and Participation
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 of 1995
    E. Executive Order 13132: Federalism

[[Page 33813]]

    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Executive Summary

1. Purpose of the Regulatory Action
    The purpose of this action is to propose amendments to the national 
emission standards for hazardous air pollutants (NESHAP) for stationary 
reciprocating internal combustion engines (RICE) under section 112 of 
the Clean Air Act (CAA). This proposal was developed to address certain 
issues that have been raised by different stakeholders through 
lawsuits, several petitions for reconsideration of the 2010 RICE NESHAP 
amendments and other communications. This proposal also provides 
clarifications and corrects minor mistakes in the current RICE NESHAP 
and revises the new source performance standards (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 hazardous air pollutants (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, and 
other communications raising issues of practical implementability, and 
certain factual information that had not been brought to the EPA's 
attention during the rulemaking. The EPA has considered this 
information and believes that amendments to the rule to address certain 
of these issues are appropriate. Therefore, the EPA is proposing to 
amend 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 
proposal. The EPA is also proposing to amend the NSPS for stationary 
engines to conform with certain of the amendments proposed for the 
NESHAP.
    The EPA proposes to add 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. Owners 
and operators of 4SRB engines would be permitted to demonstrate 
compliance with the 76 percent formaldehyde reduction emission standard 
by testing total hydrocarbon (THC) emissions and showing that the 
engine is achieving at least a 30 percent reduction of THC emissions. 
The alternative compliance option would provide 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. The EPA proposes to allow owners and 
operators of such stationary emergency RICE to operate their engines as 
part of an emergency demand response program within the 100 hours per 
year that is already permitted for maintenance and testing of the 
engines. The 100 hours per year allowance would ensure that a 
sufficient number of hours are permitted for engines to meet 
independent system operator (ISO) and regional transmission 
organization (RTO) tariffs and other requirements for participating in 
various emergency demand response programs and would assist in 
stabilizing the grid, preventing electrical blackouts and supporting 
local electric system reliability. A temporary limited allowance that 
will expire on April 16, 2017 (the date by which full compliance with 
the NESHAP From Coal and Oil-Fired Electric Utility Steam Generating 
Units (77 FR 9304) is expected), is being proposed for stationary 
emergency engines located at area sources of HAP emissions to be used 
for up to 50 hours per year for any non-emergency purpose, including 
peak shaving. The 50 hours is part of the 100 hours per year total 
allowance for all types of emergency engine operation (except during 
emergencies where no other power is available, which is not restricted 
by the rule). The temporary allowance for peak shaving would give 
sources time to address reliability issues and develop solutions to 
reliability issues while facilities are coming into compliance with the 
National Emission Standards for Hazardous Air Pollutants From Coal and 
Oil-Fired Electric Utility Steam Generating Units, which were 
promulgated on February 16, 2012 (77 FR 9304).
    The EPA proposes management practices for owners and operators of 
existing stationary 4-stroke SI engines above 500 horsepower (HP) that 
are area sources of HAP emissions and where the engines are remote from 
human activity. A remote area is defined as either a Department of 
Transportation (DOT) Class 1 pipeline location,\1\ or, if the facility 
is not on a pipeline, if within a 0.25-mile radius of the facility 
there are 5 or less buildings intended for human occupancy. The 0.25-
mile radius was chosen as the area would be similar to the area used 
for the DOT pipeline Class location. The EPA proposes that these 
sources be subject to management practices rather than numeric emission 
limits and associated testing and monitoring. This would address 
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. The 
EPA proposes that 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 facility there are more than 5 buildings intended for 
human occupancy) be subject to an equipment standard that requires the 
installation of HAP-reducing aftertreatment. The EPA has the discretion 
to set an equipment standard as GACT for engines located at area 
sources of HAP. Sources would be required to test their engines to 
demonstrate compliance initially, perform catalyst activity check-ups, 
and either monitor the catalyst inlet temperature continuously or 
employ high temperature shutdown devices to protect the catalyst.
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    \1\ A Class 1 location is defined as an offshore area or any 
class location unit that has 10 or fewer buildings intended for 
human occupancy.
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    To address how certain existing compression ignition (CI) engines 
are currently regulated, the EPA proposes to specify that any existing 
certified 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 would create 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.

[[Page 33814]]

    The EPA is proposing 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 is meant to 
deal with 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 proposing to allow 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 would deal with 
the issue of owners and operators having 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 will be required to use management practices during that 
period.
    The last major change the EPA proposes to make is to broaden the 
definition of remote area sources of Alaska in the RICE NESHAP. 
Currently, remote areas are those that are not on the Federal Aid 
Highway System (FAHS). This change would permit existing stationary CI 
engines at other remote area sources in Alaska to meet management 
practices as opposed to emission standards likely necessitating 
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, the EPA 
also proposes that any stationary RICE in Alaska meeting all of the 
following conditions be subject to management practices:
    (1) 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,
    (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, or the stationary RICE is used exclusively for backup power 
for renewable energy and is used less than 500 hrs per year on a 10-
year rolling average.
3. Costs and Benefits
    These proposed amendments would reduce the capital and annual costs 
of the original 2010 amendments by $287 million and $139 million, 
respectively. The EPA estimates that with the proposed amendments, the 
capital cost of the rule is $840 million and the annual cost is $490 
million ($2010).
    These proposed amendments would also result in decreases to the 
emissions reductions estimated in 2013 from the original 2010 RICE 
NESHAP amendments. The estimated reductions in 2013 from the 2010 RICE 
NESHAP rulemaking with these proposed 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, 96,000 tpy of 
NOX, and 58,000 tpy of VOC.
    The EPA estimates the monetized co-benefits in 2013 of the original 
2010 RICE NESHAP amendments with these proposed 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.

B. Does this action apply to me?

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

 
------------------------------------------------------------------------
                                                  Examples of regulated
             Category               NAICS \1\           entities
------------------------------------------------------------------------
Any industry using a stationary           2211  Electric power
 internal combustion engine as          622110   generation,
 defined in the proposed                         transmission, or
 amendments.                                     distribution.
                                                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 your engine is regulated by this action, 
you should examine the applicability criteria of this proposed rule. If 
you have 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. What should I consider as I prepare my comments for the EPA?

    1. Submitting CBI. Do not submit this information to the EPA 
through regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI to only the following address: Ms. Melanie King, c/o 
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research 
Triangle Park, NC 27711, Attention

[[Page 33815]]

Docket ID No. EPA-HQ-OAR-2008-0708.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    (a) Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    (b) Follow directions. The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    (c) Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    (d) Describe any assumptions and provide any technical information 
and/or data that you used.
    (e) If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    (f) Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    (g) Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    (h) Make sure to submit your comments by the comment period 
deadline identified.
    Docket. The docket number for this proposed rule is Docket ID No. 
EPA-HQ-OAR-2008-0708.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will be posted on the WWW 
through the Technology Transfer Network Web site (TTN Web). Following 
signature, the EPA will post a copy of this proposed rule on the TTN's 
policy and guidance page for newly proposed or promulgated rules at 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.

II. Summary of Proposed Amendments

    This action proposes amendments to the NESHAP for RICE in 40 CFR 
part 63, subpart ZZZZ. This action also proposes amendments to the NSPS 
for stationary engines in 40 CFR part 60, subparts IIII and JJJJ. The 
NESHAP for stationary RICE to regulate emissions of HAP was developed 
in several stages. The EPA initially addressed stationary RICE greater 
than 500 HP located at major sources of HAP emissions in 2004 (69 FR 
33473). The EPA addressed new stationary RICE less than or equal to 500 
HP located at major sources and new stationary RICE located at area 
sources in 2008 (73 FR 3568). Most recently, requirements for existing 
stationary RICE less than or equal to 500 HP located at major sources 
and existing stationary RICE located at area sources were finalized in 
2010 (75 FR 9648 and 75 FR 51570).
    The EPA is proposing 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 proposing to revise 40 CFR part 60, 
subparts IIII and JJJJ for consistency with the RICE NESHAP and to make 
minor corrections and clarifications. The following sections present 
the issues that the EPA is addressing in this action, background 
information as to why these issues are causing concern among affected 
stakeholders, and how the EPA proposes to resolve the issues.

A. Total Hydrocarbon Compliance Demonstration Option

1. Background
    Currently, SI 4SRB non-emergency engines greater than 500 HP 
located at major sources and existing SI 4SRB non-emergency engines 
greater than 500 HP located at area sources have the option of meeting 
either a formaldehyde percent reduction or a formaldehyde concentration 
standard. Formaldehyde was established in the original 2004 RICE NESHAP 
as an appropriate surrogate for HAP emissions from 4SRB engines based 
on industry test data available at that time. Based on testing of 
stationary lean burn engines conducted at Colorado State University 
(CSU), the EPA was able to establish CO as a surrogate for HAP for lean 
burn engines. Rich burn engines were not tested at CSU and the data the 
EPA had available at the time that were used to set the standards for 
rich burn engines did not support the same relationship between CO and 
HAP reductions for rich burn engines. Therefore, the EPA was unable to 
establish CO as a surrogate for HAP emissions for rich burn engines and 
the emission standard for rich burn engines was specified in terms of 
formaldehyde, the hazardous air pollutant emitted in the largest 
quantity from stationary engines.
    The EPA has previously acknowledged that it is significantly more 
expensive and difficult to test for formaldehyde than for CO, but has 
been unable in the past to support the same flexibility for rich burn 
engines as is currently in the rule for lean burn engines with the 
option to meet the standards in terms of either formaldehyde or CO. For 
these reasons, and expecting that new data for rich burn engines may 
become available in the future for the EPA to review and reassess 
possible surrogates for HAP, the EPA requested comment on this issue 
when proposing NESHAP for stationary existing engines less than or 
equal to 500 HP at major sources and all stationary existing engines at 
area sources in 2009 (74 FR 9698). Specifically, the EPA solicited 
comment on whether it would be appropriate to include an alternative 
standard in terms of VOC and asked that commenters submit data 
supporting the relationship between HAP and VOC. Comments the EPA 
received back on the proposed rule asked that the formaldehyde 
standards for rich burn engines be replaced with emission standards for 
THC. The EPA determined at the time that it was not appropriate to 
adopt an alternative standard in terms of THC (or VOC) for rich burn 
engines and discussed the reasons why in the 2010 responses to 
comments.\2\ Compliance with the formaldehyde standard in the rule is, 
therefore, currently demonstrated by initial and continuous performance 
testing for formaldehyde.
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    \2\ Memorandum from Melanie King, EPA Energy Strategies Group to 
EPA Docket EPA-HQ-OAR-2008-0708. Response to Public Comments on 
Proposed National Emission Standards for Hazardous Air Pollutants 
for Existing Stationary Reciprocating Internal Combustion Engines 
Located at Area Sources of Hazardous Air Pollutant Emissions or Have 
a Site Rating Less Than or Equal to 500 Brake HP Located at Major 
Sources of Hazardous Air Pollutant Emissions. August 10, 2010. EPA-
HQ-OAR-2008-0708-0557.
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    On October 19, 2010, engine manufacturer Dresser-Waukesha submitted 
a petition for reconsideration of the formaldehyde requirements. The 
EPA granted the petition for reconsideration on January 5, 2011. (In 
addition, on November 3, 2010, the Engine Manufacturers Association 
submitted a petition for judicial review of these requirements.) In the 
petition for reconsideration, Dresser-Waukesha argued that formaldehyde 
is difficult and costly to measure. The petition requested that the HAP 
surrogate for 4SRB engines should be THC rather than formaldehyde. 
Dresser-Waukesha submitted data from testing it conducted illustrating 
that THC reduction across the catalyst is an appropriate surrogate for 
HAP reduction across the catalyst.\3\ According to the petitioner, 
testing for THC is easier and less costly and would substantially 
reduce the burden of the rule for owners and operators of these 
engines. Testing for formaldehyde emissions could cost more than double 
that of testing for THC emissions and on

[[Page 33816]]

a nationwide basis the EPA estimates that replacing formaldehyde 
testing with THC testing would result in substantial compliance cost 
savings annually while achieving the same reduction in HAP emissions.
---------------------------------------------------------------------------

    \3\ Letter from Dresser-Waukesha to Melanie King. Follow-up to 
November 18, 2010 Teleconference. December 6, 2010. EPA-HQ-OAR-2008-
0708-0662.
---------------------------------------------------------------------------

    The EPA has reviewed the data submitted by Dresser-Waukesha. The 
data provided 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 agrees with the petitioner 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. Including an optional THC compliance demonstration 
option would reduce the cost of compliance significantly while 
continuing to achieve the same level of HAP emission reduction because 
the emission standards would remain the same. Consequently, the EPA is 
proposing amendments to allow owners and operators of certain 
stationary 4SRB engines (i.e., the ones currently subject to a 
formaldehyde percent reduction requirement) to show compliance with an 
optional THC compliance demonstration option. The specific amendments 
the EPA is proposing are presented below.
2. Proposed Amendments
    The EPA is proposing to add an alternative method of demonstrating 
compliance with the NESHAP for stationary 4SRB non-emergency engines 
greater than 500 HP that are located at major sources of HAP emissions 
and for existing stationary 4SRB non-emergency engines greater than 500 
HP that are located at area sources of HAP emissions that choose to 
meet the formaldehyde percent reduction requirement of 76 percent or 
more.
    Based on the arguments and evidence presented in the petition 
discussed above, the EPA is proposing to add a compliance demonstration 
option for stationary 4SRB engines meeting a 76 percent or more 
formaldehyde reduction. The compliance demonstration option would be an 
alternative to the existing method of demonstrating compliance with the 
formaldehyde percent reduction standard, which is to test engines for 
formaldehyde. The alternative for owners and operators of 4SRB engines 
meeting a 76 percent or more formaldehyde reduction would be to test 
their engines for THC showing that the engine is achieving at least a 
30 percent reduction of THC emissions.
    Under the proposed amendments, existing and new stationary 4SRB 
engines greater than 500 HP and located at major sources would still be 
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). However, owners and operators choosing to meet 
the formaldehyde concentration limit would not have the THC 
demonstration compliance option, because EPA could not verify a clear 
relationship between concentrations of THC and concentrations of 
formaldehyde in exhaust from these SI 4SRB engines. For the reasons 
discussed in section II.C.1 of this preamble, the EPA is proposing that 
existing stationary 4SRB non-emergency engines greater than 500 HP 
located at area sources located in populated areas be subject to an 
equipment standard and required to install a catalyst. These engines 
would be subject to testing to demonstrate initially and on an ongoing 
basis that the catalyst is reducing CO by 75 percent or more, or 
alternatively that THC emissions are being reduced by 30 percent or 
more.
    Owners and operators of existing stationary 4SRB engines less than 
or equal to 500 HP who 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.
    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, 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/Peak Shaving

1. Background
    This action also proposes to amend provisions in the RICE NESHAP 
that currently allow owners and operators to operate stationary 
emergency engines for up to 15 hours per year as part of a demand 
response program if the RTO or equivalent balancing authority and 
transmission operator have 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. The final rule did not allow emergency 
engines to be used for purposes of peak shaving or other non-emergency 
purposes as part of a financial arrangement. These provisions were 
included in the RICE NESHAP when requirements for existing stationary 
CI engines were finalized on March 3, 2010 (75 FR 9648). Following the 
completion of that portion of the rule, the EPA received three main 
petitions for reconsideration. One petition was from CPower, Inc., 
EnergyConnect, Inc., EnerNOC, Inc., and Innoventive Power, LLC. 
(EnerNOC et al.)(EPA-HQ-OAR-2008-0708-0404).

[[Page 33817]]

Another petition was received from the Delaware Department of Natural 
Resources and Environmental Control (DE DNREC) (EPA-HQ-OAR-2008-0708-
0400). The third petition was from the National Rural Electric 
Cooperative Association (NRECA) (OAR-2008-0708-0580). In addition to 
these main petitions the EPA received a substantial number of letters 
from others in the electric generation industry.
    The petition from EnerNOC, et al., asked that EPA increase the 
period of time permitted for emergency demand response operation in the 
rule to 60 hours per year, or the minimum number of hours required by 
the emergency demand response program. By contrast, the DE DNREC 
petition asked EPA to reconsider the emergency demand response 
provision because of the adverse effects that it believes would result 
from increased emissions from these engines. The petition from NRECA 
requested that the EPA eliminate the restriction on the use of 
stationary emergency engines for demand response purposes. The EPA 
granted the petitions from EnerNOC, et al., DE DNREC and NRECA, and 
issued a notice on December 7, 2010 (75 FR 75937), requesting comments 
on whether to amend the 15 hours per year limitation on the operation 
of stationary emergency RICE participating in emergency demand response 
programs.
    The EPA received more than 120 comments from a number of different 
entities including various state agencies, utilities, electric 
cooperatives and industry organizations. Many commenters expressed that 
15 hours per year is not sufficient to meet current emergency demand 
response requirements for participation. For example, several emergency 
demand response programs have ISO tariff requirements greater than 15 
hours per year, including the Electric Reliability Council of Texas 
emergency demand response program, which has a tariff requirement of 24 
hours per year; the Pennsylvania Jersey Maryland (``PJM'') 
Interconnection, known as the Emergency Load Response Program, which 
has a tariff requirement of 60 hours per year; and the ISO New England 
(``ISO-NE''), which forecasts that backup resources would be expected 
for 55 hours over a 12-month period. Tariff requirements are developed 
to specify the mandatory time load resources (engines) must be willing 
and able to operate if the units are enrolled in the program. 
Conversely, some commenters urged the EPA to allow stationary emergency 
engines to only operate during true emergencies or when voltage or 
frequency varies beyond specified parameters.
    Based on the EPA's review of the petitions and comments that the 
EPA has received, the EPA has found it appropriate to propose to amend 
the current rule to increase the allowance for stationary emergency 
engine participation in emergency demand response programs to up to 100 
hours per year, which would be included as part of the pre-existing 
allowance of 100 hours for owners of emergency engines to test and 
maintain their emergency engines. 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. Allowing stationary emergency engines to operate 
as part of emergency demand response programs can help prevent grid 
failure or blackouts, by allowing these engines to be used in 
circumstances of grid instability prior to the occurrence of 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 leave their 
engines out of these programs, which will impair the ability of ISOs 
and RTOs to use these relatively small, quick-starting and reliable 
sources of energy to protect the reliability of their systems. The EPA 
does not wish to potentially jeopardize electrical reliability or 
create a disincentive for stationary emergency engines to participate 
in these programs. The circumstances during which the EPA would allow 
stationary emergency engines to operate for emergency demand response 
purposes include periods during which the regional transmission 
authority or equivalent balancing authority and transmission operator 
has declared an Energy Emergency Alert Level 2 (EEA Level 2) as defined 
in the North American Electric Reliability Corporation Reliability 
Standard EOP-002-3, Capacity and Energy Emergency, plus 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. 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. This situation would be indicative of severe 
instability on the system. The EPA has revised the language identifying 
the emergency conditions that currently appears at 40 CFR 63.6640(f) 
because that language is not as specific as the newly proposed 
language. The EPA believes that the newly proposed language, along with 
the preexisting language in the definition of emergency engine 
describing non-demand response emergency situations, will address all 
emergency events, including all those that would be recognized solely 
by the local system operators, such as local weather events. The EPA 
requests comments on the scope of the new language.
    Emergency demand response programs rely on agreements under which 
owners of engine agree to make their engines available to be called 
upon for a specific number of hours per year, as required by the 
relevant ISO or RTO tariff, under specified circumstances considered to 
indicate emergencies. In order to be enrolled in an emergency demand 
response program, participants must qualify their engines and must be 
able to use their emergency engines for the number of hours the program 
requires. Engines are not generally called upon for the maximum hours 
required by the tariffs. However, even though the engine may not be 
called at all or may run for fewer hours than the program requires it 
to be available in a particular year, the engine must still be 
available for those theoretical number of hours in order to join the 
program. Demand response contracts require more hours than the 15 hours 
per year that is currently in the regulations, and the commenters state 
that the 15 hours per year is not a sufficient amount of time to ensure 
the reliability of the program; some programs require up to 60 hours 
per year, as discussed earlier in this preamble. For these reasons, the 
EPA believes it is appropriate to allow additional hours for emergency 
demand response operation in order for such

[[Page 33818]]

programs to be accessible to stationary emergency engines. 
Consequently, the EPA is proposing amendments to the rule to increase 
the limitation on emergency demand response operation to 100 hours per 
year for stationary emergency engines. It is expected that owners and 
operators of stationary emergency engines that seek to qualify their 
units as demand resources would with the proposed increase to 100 hours 
per year be able to meet the operational and qualification requirements 
of the different ISOs and RTOs in the country.
    As stated, stationary emergency engines that participate in demand 
response programs may not be called upon at all, but must nonetheless 
be available to operate for the required amount stipulated by the 
specific program. The purpose of the limited allowance for emergency 
demand response is to respond to emergencies, and the EPA is persuaded 
by the information that has been submitted that 15 hours per year is an 
insufficient amount of time to allow for emergency demand response 
needs, given past experience. The EPA believes 100 hours per year is 
sufficient to cover any potential demand response operation as well as 
the required maintenance and testing that is also included within the 
100 hours of operation.
    The EPA has previously determined that stationary emergency engines 
typically operate well below 50 hours per year and more commonly about 
1 to 2 hours per month. A survey conducted by the California Air 
Resources Board (CARB) indicated the average yearly operation for 
emergency diesel engines was 31 hours over a period of 3 years. The 
majority of those hours were for the purpose of maintenance and 
testing; less than 5 hours was for interruptible service contracts, and 
the remaining amount for emergency/standby operation (EPA-HQ-OAR-2005-
0029-0011). Data from demand response programs in ISO-NE and PJM 
territories show that backup generation was dispatched for less than 30 
hours during the summers of 2008, 2009 and 2010.\4\
---------------------------------------------------------------------------

    \4\ Memorandum from Stacy Angel, Synapse Energy Economics, Inc. 
to Doug Hurley, Synapse Energy Economics. Sample Revenue for a 1 MW 
Backup Generation Unit. June 27, 2011.
---------------------------------------------------------------------------

    However, again, emergency units must be available to operate more 
than that in most cases to qualify for demand response programs. For 
instance, PJM requires a minimum ISO tariff of 60 hours per year of 
engine availability for program participation. Consequently, in order 
to ensure that a sufficient amount of operating time is available for 
maintenance and readiness testing, and for demand response operation, 
the EPA is proposing 100 hours of operation. A number of commenters 
requested that an allowance of 100 hours per year be allowed in order 
to provide adequate hours consistent with minimum required hours that 
customers must be available to operate and to address local 
distribution system emergencies. For instance, in Hawaii, the emergency 
demand response program operated by the Hawaiian Electric Company 
requires that emergency engines be able to operate for 100 hours per 
year in the event of an emergency in order to participate in the 
program. In order to provide a sufficient amount of time to cover 
annual maintenance and testing, which is typically more than 20 hours 
per year according to the survey conducted by CARB (see EPA-HQ-OAR-
2005-0029-0011), plus to cover hours necessary for qualifying for 
emergency demand response programs or local distribution system 
emergencies, EPA believes an allowance of 100 hours per year would be 
appropriate for these activities. Taking into account that there may be 
situations where annual maintenance and testing could exceed the 
typical 1 to 2 hours per month and accounting for other emergency 
demand response programs that require more than 60 hours per year for 
program participation (e.g., the Hawaiian Electric Company), the EPA 
believes that 100 hours per year is appropriate for emergency demand 
response plus maintenance and testing.
    The proposed amendment to the rule would mean that stationary 
emergency engines could operate for a total of 100 hours per year for 
emergency demand response operation as part of the 100 hours already 
permitted for maintenance and readiness testing while maintaining their 
status as emergency units, rather than non-emergency units, and 
continue to meet the requirements that apply to emergency engines.
    On the issue of peak shaving and non-emergency demand response, the 
EPA is proposing to include a temporary limited allowance for peak 
shaving and other types of non-emergency use as part of a financial 
arrangement for existing stationary emergency engines at area sources 
of HAP, if the peak shaving is done as part of a peak shaving (or load 
management) program with the local distribution system operator. The 
power generated under this allowance can only be used at the facility 
or towards the local system.
    The EPA has determined that it is appropriate to include the option 
for existing stationary emergency engines at area sources to operate 
for a small number (50) of hours per year for any non-emergency reason 
and not be penalized or considered a non-emergency engine and 
subsequently required to install aftertreatment that could be 
prohibitively costly for these sources in the near term. The EPA is 
proposing that the 50-hour allowance for peak shaving for emergency 
engines at area sources be allowed for a limited period of time, but 
then removed after April 16, 2017. The peak shaving would also be 
limited to operation as part of a peak shaving (load management 
program) with the local distribution system operator. Owners would 
still have the pre-existing 50 hours per year allowance for non-
emergency operation after April 16, 2017, but those 50 hours could no 
longer be used for peak shaving. The temporary allowance for peak 
shaving would 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). While the EPA does not expect the NESHAP From Coal and Oil-Fired 
Electric Utility Steam Generating Units to cause regional reliability 
problems, this limited allowance would allow the owners and operators 
of these engines more flexibility to run reliability critical units in 
order to minimize potential grid-related interruptions as coal- and 
oil-fired baseload power plants may be temporarily shut down to install 
emission controls to comply with the NESHAP From Coal and Oil-Fired 
Electric Utility Steam Generating Units.
    Including this allowance is important for small electric 
cooperatives and other entities located at area sources that use these 
engines to maintain voltage and electric reliability. Many rural 
electric cooperatives enter agreements with owners of small emergency 
engines and rely on the engines to reduce demand on the central power 
supply during periods of high demand, which reduces the cost of power 
during periods of high demand for the members of the cooperative. 
Commenters promoting the continued use of peak shaving programs said 
that maintaining the cost of power as low as possible is important 
across the country, but is particularly of significant importance to 
rural electric cooperatives that, according to the commenter, service 
customers in the most economically depressed areas of the country, 
where options are the most limited. The commenters argued that if small 
emergency engines would no longer be permitted to operate for peak 
shaving purposes without having to be reclassified as non-emergency 
engines

[[Page 33819]]

and subsequently subject to costly emissions controls, owners could no 
longer afford to participate in such programs. Cooperatives argued that 
this would lead to increased costs that would ultimately be passed 
along to the customers. Commenters also maintained that keeping peak 
shaving programs would not lead to additional public health risks or 
emissions because the operation for peak shaving is minimal. If peak 
shaving is not allowed under the rule, commenters said that this would 
lead to an increase in central power station capacity and possibly more 
transmission and distribution line capacity to accommodate the increase 
in demand resulting from eliminating small emergency engines from being 
used. This could lead to a larger impact on the environment and public 
health than allowing a small number of hours for peak shaving purposes. 
Certain small and remote facilities also rely on financial programs to 
generate additional income in order to maintain their engines and stay 
in operation. The additional funds can be essential for many smaller 
facilities and operations. Providing a limited allowance for peak 
shaving and non-emergency demand response could generate sufficient 
income to prevent small facilities and owners from ceasing operation 
where these engines are in service. In order to further limit the 
operation of these engines to small, remote facilities, the EPA is 
proposing that the power generated under this allowance can only be 
used at the facility or towards the local system. In addition, while 
the EPA is proposing this allowance until the end of April 16, 2017, 
the EPA does not believe it is appropriate to continue the program 
beyond that time. Generators receive considerable compensation for 
their availability in peak shaving programs and the EPA believes that 
it is not appropriate to allow these engines to continue receiving 
compensation for this non-emergency use beyond 2017 without having to 
reduce their emissions. The generators must by that time decide whether 
to restrict their use to emergency or limited non-compensated non-
emergency use or to reduce the emissions from their engines. The EPA 
also encourages engine owners and operators, as well as larger system 
planners, to consider the use of alternative peak shaving options, such 
as load curtailments, lower emitting distributed generation, combined 
heat and power, and reduced line losses on the electricity grid.
    The previous estimate of emissions from stationary emergency 
engines is not expected to change due to this proposed limited 
allowance. To estimate emissions from stationary emergency engines, the 
EPA has previously estimated that emergency engines would on average 
operate for 50 hours per year. There is a wide range in how much these 
engines operate (some well below 50 hours per year), but on average and 
to be conservative, the EPA believes that 50 hours per year is still 
representative and consequently the environmental impact the EPA has 
calculated previously remains appropriate. In consideration of all 
these issues, the EPA is proposing amendments to the rule to provide a 
limited allowance for peak shaving for existing stationary emergency 
engines at area sources of HAP. The specific amendments the EPA is 
proposing are discussed below.
2. Proposed Amendments
    a. Emergency Demand Response. Based on the discussion in section 
II.B.1 of this preamble, the EPA is proposing to revise the current 
provisions for stationary engines used for emergency demand response 
operation. The provisions the EPA is proposing to amend are in 
Sec. Sec.  63.6640(f) and 63.6675 of 40 CFR part 63, subpart ZZZZ. 
Currently, Sec.  63.6640(f)(1)(iii) allows a maximum of 15 hours per 
year to be spent towards demand response operation under certain 
qualifying conditions. Also, Sec.  63.6640(f)(1)(ii) currently includes 
an allowance of 100 hours per year for purposes of maintenance checks 
and readiness testing. The EPA is proposing that owners and operators 
of stationary emergency RICE be permitted to operate their engines as 
part of an emergency demand response program within the 100 hours per 
year that is permitted for maintenance and testing in Sec.  
63.6640(f)(1)(ii). Owners and operators of stationary emergency engines 
can operate for emergency demand response during periods in which the 
regional transmission authority or equivalent balancing authority and 
transmission operator has declared an EEA Level 2 as defined in the 
North American Electric Reliability Corporation 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. The hours spent for emergency demand 
response operation are added to the hours spent for maintenance and 
testing purposes and counted towards the 100 hours per year. If the 
total time spent for demand response operation and maintenance and 
testing 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. The EPA is recognizing that 
these engines may be called to operate not only by the regional 
transmission operator or equivalent to maintain the reliability of the 
bulk power system, but also by the local transmission and distribution 
system operators to support the local power systems.
    For stationary emergency engines above 500 HP that were installed 
prior to June 12, 2006, there is currently no emergency demand response 
allowance and there is no time limit on the use of emergency engines 
for routine testing and maintenance in Sec.  63.6640(f)(2)(ii). Those 
engines were not the focus of the 2010 RICE NESHAP amendments; 
therefore, the EPA did not make any changes to the requirements for 
those engines as part of the 2010 amendments. For consistency, the EPA 
is now also proposing that owners and operators of stationary emergency 
engines installed prior to June 12, 2006, be permitted to operate their 
engines as part of a demand response program as well for a total of 100 
hours per year, including time spent for maintenance and testing.
    The EPA is also proposing to amend the NSPS for stationary CI and 
SI engines in 40 CFR part 60, subparts IIII and JJJJ, respectively, to 
provide the same allowance for stationary emergency engines for 
emergency demand response operation as for engines subject to the RICE 
NESHAP. The NSPS regulations currently do not include such an allowance 
for emergency demand response operation. For the reasons discussed in 
section II.B of this preamble as to why the EPA finds it appropriate to 
allow stationary emergency engines to participate in emergency demand 
response programs and remain being considered emergency units, and for 
consistency across engine regulations, the EPA is proposing to add an 
emergency demand response allowance under the NSPS regulations. 
Consequently, the EPA is proposing to revise the existing language in 
Sec. Sec.  60.4211(f) and 60.4219 of 40 CFR part 60, subpart IIII, and 
Sec. Sec.  60.4243(d) and 60.4248 of 40 CFR part 60, subpart JJJJ, to 
specify that emergency engines may participate in demand response 
programs for up to 100 hours per year, including hours spent towards 
maintenance and testing of the emergency engines.
    b. Peak Shaving and other Non-emergency Use as Part of a Financial 
Arrangement. In addition to the changes the EPA is proposing related to 
emergency demand response operation, the EPA is also including a 
further

[[Page 33820]]

provision for owners and operators of existing stationary emergency 
RICE located at area sources for the reasons discussed in section 
II.B.1 of this preamble. Paragraph Sec.  63.6640(f) currently allows 
owners and operators of emergency stationary RICE to operate their 
engine for 50 hours per year in non-emergency situations. As currently 
written, the 50 hours per year for non-emergency situations cannot be 
used for peak shaving 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; except that owners and 
operators of certain emergency engines may operate the engine for a 
maximum of 15 hours per year as part of an emergency demand response 
program. As discussed, the 15 hours per year allowance for emergency 
engines to participate in emergency demand response programs is being 
increased to 100 hours per year, but will also include hours spent 
towards maintaining and conducting readiness testing of the emergency 
engines. However, additionally, the EPA is also proposing that 
stationary emergency engines located at area sources be permitted to 
apply the 50 hours per year that is currently allowed under Sec.  
63.6640(f) for non-emergency operation towards any non-emergency 
operation, including operation as part of a financial agreement with 
another entity. The peak shaving allowance would expire in 2017. The 
EPA is specifying that the power can only be used at the facility or 
towards the local system, and the engine can only be operated for peak 
shaving as part of a program with the local distribution system 
operator. The EPA is also clarifying that an engine that exceeds the 
calendar year limitations on non-emergency operation, including 
emergency demand response or peak shaving, will be considered a non-
emergency engine and subject to the requirements for non-emergency 
engines for the remaining life of the engine.

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

1. Background
    The EPA is also proposing to amend 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. Currently, the RICE NESHAP requires owners and 
operators of such engines to (1) either meet a CO concentration limit 
of 47 parts ppmvd at 15 percent O2 or reduce emissions of CO 
by 93 percent or more, if the engines are 4SLB; and (2) to meet a 
formaldehyde concentration limit of 2.7 ppmvd at 15 percent 
O2 or reduce formaldehyde emissions by 76 percent or more, 
if the engines are 4SRB. In both cases, the EPA expects that the 
standards would be met using aftertreatment; oxidation catalysts for 
4SLB engines and NSCR for 4SRB engines. In addition to these emission 
requirements, owners and operators of existing stationary 4-stroke 
engines greater than 500 HP at area sources are also subject to 
monitoring, testing, recordkeeping and reporting requirements.
    After the final requirements for existing stationary SI engines 
greater than 500 HP at area sources were published on August 20, 2010 
(75 FR 51570), the EPA received petitions from Exterran (EPA-HQ-OAR-
2008-0708-0581), the American Petroleum Institute (EPA-HQ-OAR-2008-
0708-0582), the Interstate Natural Gas Association of America (EPA-HQ-
OAR-2008-0708-0584), and the Gas Processors Association (EPA-HQ-OAR-
2008-0708-0587) requesting that the EPA reconsider the requirements of 
the final rule. The petitioners expressed many similar concerns. As 
relevant to this rulemaking, petitioners stated that the EPA did not 
take into account the difference in population density and subsequently 
did not consider the difference in health impacts in remote versus more 
heavily populated locations. In the petitioners' opinion, there should 
be less concern about engines that are located farther away from 
people; the petitioners believed that the EPA has substantial latitude 
in requiring less stringent standards for owners and operators of 
stationary engines in remote areas.
    While the EPA does not share all of the views of the petitioners 
regarding the difference between engines based on their location, the 
EPA does believe that it is reasonable to create a subcategory of 
existing stationary SI 4SLB and 4SRB engines above 500 HP located in 
areas remote from human activity. 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. 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 proposing to subcategorize sparsely populated engines 
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 safety 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 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 
proposal, a source could not fall under this special provision and, in 
addition, must be in a Class 1 location. The EPA requests comment on 
whether engines located in class location units where buildings with 
four or more stories above ground are prevalent (Class 4 areas under 
the DOT classification system) should also specifically not be 
considered remote.
    Stakeholders from the oil and gas industry have indicated to the 
EPA that the DOT system is well-established and there would be 
substantial overlap between engines on natural gas pipelines affected 
by the rule and covered by the DOT pipeline classification system. 
Incorporating this approach would also create harmonization between the 
EPA and DOT and would reduce the implementation and enforcement burden 
for states. Implementation for affected sources would also be less 
burdensome because the system is already in place and used by the 
natural gas pipeline industry and covers the majority of these engines. 
Stakeholders have indicated they are required to review the class 
location status of natural gas pipeline segments annually. The EPA 
believes this approach is reasonable for defining the subcategory

[[Page 33821]]

of remote engines for those engines that are associated with natural 
gas pipelines. 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. EPA requests 
comment on whether, to be considered remote, an engine not associated 
with a natural gas pipeline should also need to be farther than 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 EPA is proposing management practices as generally available 
control technologies for existing stationary SI 4SLB and 4SRB area 
source non-emergency engines located in sparsely populated areas. Given 
the remote location of the engines from human activity, the EPA 
believes that it is appropriate not to include requirements that would 
necessitate aftertreatment and extensive testing and monitoring. The 
EPA has previously estimated that the costs of oxidation catalyst for 
existing 4SLB and 4SRB engines above 500 HP at area sources are $310 
and $150 million, for capital and annual costs, respectively. The 
capital and annual costs of the RICE NESHAP for existing 4SLB and 4SRB 
engines above 500 HP at area sources would be $30 million and $12 
million, respectively, if these proposed amendments are incorporated 
into the rule. Creating a subcategory of these engines for the ones 
located in sparsely populated areas and not mandating emission controls 
would significantly reduce the cost of the rule for such engines.
    For existing stationary SI 4SLB and 4SRB area source non-emergency 
engines that are located in populated areas, the EPA is proposing an 
equipment standard that requires the installation and operation of a 
catalyst that will have to be tested initially and annually to ensure 
that the catalyst is working properly and reducing emissions as 
required. In addition, these units will be required to have devices to 
shut down the engine if the catalyst is exposed to dangerous 
temperatures or have continuous monitoring equipment installed to 
record catalyst inlet temperatures. The EPA is proposing shorter test 
duration and less rigorous methods than currently required while still 
ensuring that HAP reductions remain at expected levels for these 
engines located in populated areas. The specific amendments the EPA is 
proposing are discussed below.
2. Proposed Amendments
    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. The EPA requests comment on whether engines that 
are not associated with pipelines should be required to conduct the 
review less frequently than every 12 months.
    Owners and operators of existing stationary 4SLB and 4SRB 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 1,440 hours of operation or 
annually, whichever comes first;
     Inspect spark plugs every 1,440 hours of operation or 
annually, whichever comes first, and replace as necessary; and
     Inspect all hoses and belts every 1,440 hours of operation 
or annually, whichever comes first, and replace as necessary.

Sources have the option to use an oil analysis program as described in 
Sec.  63.6625(i) of the rule in order to extend the specified oil 
change requirement. The oil analysis must be performed at the same 
frequency specified for changing the oil in Table 2d of the rule. The 
analysis program must at a minimum analyze the following three 
parameters: Total Acid Number, viscosity, and percent water content. 
The condemning limits for these parameters are as follows: Total Acid 
Number increases by more than 3.0 milligrams of potassium hydroxide per 
gram from Total Acid Number of the oil when new; viscosity of the oil 
has changed by more than 20 percent from the viscosity of the oil when 
new; or percent water content (by volume) is greater than 0.5. If 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 
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 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.
    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 proposing to adopt 
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 a 75 
percent CO reduction or a 30 percent THC reduction, 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 the proposed 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 the proposed appendix A to 40 CFR part 63, subpart 
ZZZZ. The THC testing must be conducted using EPA Method 25A.

[[Page 33822]]

    The owner or operator of both engine types must also use a high 
temperature shutdown device that detects if the catalyst inlet 
temperature is too high, or, alternatively, the owner or operator can 
monitor the catalyst inlet temperature continuously and maintain the 
temperature within the range specified in the rule. For 4SLB engines 
the catalyst inlet temperature must remain at or above 450 [deg]F and 
at or below 1,350 [deg]F. For 4SRB engines the temperature range must 
be greater than or equal to 750 [deg]F and less than or equal to 1,250 
[deg]F at the catalyst inlet.
    Owners and operators must in addition to the initial performance 
test conduct annual checks of the catalyst to ensure proper catalyst 
activity. The annual check of the catalyst must at a minimum consist of 
one 15-minute run using the methods discussed above, except that each 
test run conducted using the proposed 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 that their catalyst is reducing CO 
emissions by 75 percent or more, or alternatively, that THC emissions 
are being reduced by at least 30 percent during the catalyst activity 
check.
    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.

D. Stationary Agricultural RICE in San Joaquin Valley

    In the 2010 amendments to the RICE NESHAP, the EPA required 
existing non-emergency CI engines above 300 HP to meet a standard of 
either 70 percent reduction of CO emissions or 49 ppmvd CO, for engines 
between 300 and 500 HP, or 23 ppmvd CO for engines above 500 HP. The 
requirements also included testing and monitoring provisions. As with 
all requirements for existing engines in that rule, owners and 
operators were required to meet the requirements within 3 years of the 
effective date of the regulations (May 3, 2013).
    Since the finalization of the rule for existing stationary CI 
engines, stakeholders from the agricultural industry in the San Joaquin 
Valley area of California have expressed concern regarding the effect 
of certain of these requirements on engines in the San Joaquin Valley. 
The San Joaquin Valley Air Pollution Control District (APCD) has 
indicated that there are 17 stationary CI engines at area sources in 
San Joaquin Valley certified to the Tier 3 standards in 40 CFR part 89 
that were installed between January 1 and June 12, 2006. Under the 
NESHAP, stationary CI engines at area sources are existing if 
construction of the engine commenced prior to June 12, 2006. These 17 
Tier 3 engines in the San Joaquin Valley, 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 kilowatts (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. Stationary CI engines 
installed after June 12, 2006, at area sources of HAP are required to 
comply with the NSPS for stationary CI engines, which requires engines 
to be certified to the standards in 40 CFR parts 89, 94, 1039, and 
1042, as applicable. Thus, a 2006 model year stationary CI engine 
installed after June 12, 2006, that is certified to the applicable 
standards would meet the requirements of the NESHAP without further 
controls or testing. While the EPA does not know if other certified 
Tier 3 engines besides these 17 engines in the San Joaquin Valley were 
installed prior to June 12, 2006, EPA believes the same rationale 
should apply to any such engine.
    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. Engines meeting the Tier 3 standards typically employed 
emission control technologies such as combustion optimization and 
better fuel control to meet the Tier 3 standards. In order to address 
the concerns raised by the engine owners in the San Joaquin Valley, the 
EPA is proposing changes to amend the requirements for any certified 
Tier 3 (Tier 2 for engines above 560 kW) stationary CI engine located 
at an area source and installed before June 12, 2006. The EPA is 
proposing 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 NESHAP. This amendment would 
include any existing stationary Tier 3 (Tier 2 for engines above 560 
kW) certified CI engine located at an area source of HAP emissions.
    Another concern brought to the EPA's attention by the San Joaquin 
Valley agricultural industry is that due to state and local 
requirements in the San Joaquin Valley, many of the Tier 1 and Tier 2 
stationary CI engines that are regulated as existing sources under the 
NESHAP must be replaced in the next few years, only a short time after 
the emission standards for existing engines must be met. Specifically, 
the San Joaquin Valley APCD rule for internal combustion engines (Rule 
4702) requires Tier 1 and Tier 2 certified engines to meet Tier 4 
standards by January 1, 2015, or 12 years after the installation date, 
but no later than June 1, 2018. The concern is that owners and 
operators of these engines would have to install aftertreatment by 2013 
to meet the emission standards of the RICE NESHAP and then only a few 
years later be required to replace their engines per San Joaquin Valley 
APCD Rule 4702. The San Joaquin Valley APCD has identified 49 Tier 1 
engines and 360 Tier 2 engines that are scheduled to be replaced under 
the local rule. The EPA has not identified any engines outside the San 
Joaquin Valley APCD area that are in the same or similar situation 
(i.e., required to be replaced shortly after the compliance date for 
existing engines), but the EPA does not preclude the possibility that 
there are such engines in other areas, and requests comment and 
information on other areas that may have similar concerns.

[[Page 33823]]

    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. Stationary CI engines would 
have to comply with this rule by May 3, 2013, and owners of engines 
above 300 HP are expected to have to install aftertreatment on their 
engines in order to meet the emission standards. The EPA estimates that 
the one-time cost to equip a 500 HP stationary CI engine with the 
controls necessary to meet the emission standards under this rule is 
close to $14,000 and more than $3,000 on a yearly basis, not accounting 
for additional costs associated with monitoring, testing, recordkeeping 
and reporting. 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, as 
required by San Joaquin Valley District Rule 4702. 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 proposing amendments to existing 
stationary CI engines located at area sources of HAP emissions to 
address this concern. The EPA is proposing to amend the requirements 
for existing stationary Tier 1 and Tier 2 certified CI engines located 
at area sources that are greater than 300 HP that are subject to a 
state or local rule that requires the engine to be replaced. The EPA is 
proposing to allow 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. This proposed change would provide owners enough time to 
replace their engines without mandating a possibly cost prohibitive 
requirement to change all of the engines in a short amount of time, 
while still requiring that replacement of the engine or a retrofit of 
the engine occur relatively quickly after the owner would have to 
comply with the NESHAP. The EPA is proposing that these engines be 
subject to management practices 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 discussed above 
(and that are in Table 2d of the rule) 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.

E. Remote Areas of Alaska

1. Background
    The RICE NESHAP currently specifies less stringent requirements for 
existing non-emergency CI engines at area sources located in remote 
areas of Alaska. Remote areas are defined as those not accessible by 
the FAHS. The FAHS includes areas with year-round ferry service that 
are not on the contiguous road system. Under the current regulation, 
stationary non-emergency CI engines at area sources in areas of Alaska 
that are not accessible by the FAHS are subject to management practices 
as opposed to numerical emission standards.
    Following the publication of the final rule in 2010, the EPA 
received requests to expand the definition of remote areas of Alaska. 
Stakeholders asserted that facilities in areas that are accessible by 
the FAHS but are not connected to the Alaska Railbelt grid face the 
same challenges as those in areas not accessible by the FAHS. The 
Alaska Railbelt Grid refers to the service areas of the six regulated 
public utilities that extend from Fairbanks to Anchorage and the Kenai 
Peninsula. These utilities are the Golden Valley Electric Association, 
Chugach Electric Association, Matanuska Electric Association, Homer 
Electric Association, Anchorage Municipal Light & Power, and the City 
of Seward Electric System. According to the stakeholders, one reason 
for broadening the definition of remote areas in Alaska is high energy 
costs, which provide a natural incentive to run CI engines as little as 
possible. The cost of energy is utilities' greatest concern in Alaska. 
Also, the stakeholders indicated that extreme weather conditions in 
certain areas of Alaska is another reason for including additional 
areas in the definition of remote areas of Alaska. The climate issue is 
unique to remote areas of Alaska that experience some of the most 
extreme temperatures in the country. Heavy snowfall and high winds are 
not uncommon in several areas that are accessible by the FAHS. For 
instance, Copper Valley Electric Association (CVEA) is a utility 
accessible by the FAHS, but it includes areas that face the same 
challenges as other communities not accessible by the FAHS. The utility 
operates on an isolated grid and relies on diesel power generation. In 
one of CVEA's territories, Valdez, Alaska, CVEA indicated that this 
area experiences brutal conditions and stated that Valdez is considered 
to have the greatest snowfall (326 inches per winter) in any city of 
the United States. Also, winds at more than 100 miles per hour are not 
uncommon for Valdez, Alaska, according to CVEA. Temperatures between 40 
and 50 below zero are also not abnormal, which emphasizes the extreme 
reliance on power, CVEA asserted. Travel times and accessibility are 
issues on a regular basis, but can be additionally exacerbated due to 
severe weather, which in some cases may lead to avalanches and road 
closings. In particular, even if a site is on the FAHS, in the event of 
poor weather conditions and road closings, there are in many cases no 
alternate roads to travel on. Further, access to specific isolated 
sites can also be problematic in particular remote areas of Alaska and 
the problems are unique to Alaska because of the infrastructure and 
environment. For example, communities made the case that sources along 
the AMHS that are only accessible by the AMHS should be treated the 
same way as communities not accessible by the FAHS. The AMHS primarily 
serves passengers and vehicles, and is not intended for transporting 
goods. Therefore, the same methods used to bring in goods to 
communities not on the FAHS are the same as those Alaskan villages 
served only by the AMHS. Goods are typically brought in to remote 
communities by barge and this is another example of a scenario that is 
unique to Alaska. Other arguments for expanding the definition of 
remote areas of Alaska beyond those not accessible by the FAHS include 
very low population density in many other remote areas although 
accessible by the FAHS, and the fact that 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. Therefore, for the reasons discussed, the EPA is proposing 
expansion of the remote area source category. This proposal is 
supported by the Alaska Department of

[[Page 33824]]

Environmental Conservation and communities with whom the EPA has 
discussed this issue.
2. Proposed Amendments
    The EPA is proposing to expand the current definition of remote 
areas of Alaska to extend beyond areas that are not accessible by the 
FAHS. Specifically, the EPA is proposing that areas of Alaska that are 
accessible by the FAHS and that meet all of the following criteria are 
also 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 system capacity is less than 12 megawatts, 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.

The EPA is proposing 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.

F. Miscellaneous Corrections and Revisions

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

G. Compliance Date

    The EPA has received questions regarding whether the compliance 
dates for engines impacted by the 2010 amendments and this proposed 
reconsideration will be extended. Affected sources that may be impacted 
by this action have expressed concern about having sufficient time to 
comply with the rule by the compliance date, which is May 3, 2013, for 
existing stationary CI RICE and October 19, 2013, for existing 
stationary SI RICE. Sources impacted by this reconsideration are 
particularly concerned with compliance in the event that the EPA does 
not finalize changes that are substantially similar to the changes 
being proposed in this action. The EPA does not intend to extend the 
May 3, 2013, and October 19, 2013, compliance dates, because there are 
many engines that must meet those compliance dates that are not 
impacted by this reconsideration. However, the EPA notes that sources 
that are affected by the reconsideration and that may need additional 
time to install controls to comply with the applicable requirements can 
request up to an additional year to install controls, as specified in 
40 CFR 63.6(i). The EPA requests comment regarding whether special 
consideration should be given to engines whose requirements would be 
reduced by this proposal if, in the final rule, the EPA does not 
finalize the proposed reduced requirements.

[[Page 33825]]

III. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    The EPA estimates that the rule with the proposed 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 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
----------------------------------------------------------------------------------------------------------------
                                                                  Emission reductions (tpy) in the year 2013
                                                             ---------------------------------------------------
                                                                   2010 Final rule        2010 Final rule with
                          Pollutant                          --------------------------      these proposed
                                                                                               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 proposed amendments in this action. 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 proposed amendments in this action. The 
decrease in estimated reductions for SI engines is primarily due to 
proposed 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 proposed 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 Amendments--Cost and 
Environmental Impacts,'' which is available in the docket (EPA-HQ-OAR-
2008-0708). The EPA did not estimate any reductions associated with the 
minor changes to the NSPS for stationary CI and SI engines.

B. What are the cost impacts?

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

C. What are the benefits?

    Emission controls installed to meet the requirements of these rules 
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 these rules. For these rules, we were 
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 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)

[[Page 33826]]

at a 7-percent discount rate.\5\ 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.\6\
---------------------------------------------------------------------------

    \5\ 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.
    \6\ U.S. Environmental Protection Agency. 2010. Regulatory 
Impact Analysis (RIA) for Existing Stationary Spark Ignition (SI) 
RICE NESHAP: Final Report. Research Triangle Park, NC. August. 
http://www.epa.gov/ttn/ecas/regdata/RIAs/riceriafinal.pdf.
---------------------------------------------------------------------------

    The proposed amendments are expected to reduce the overall emission 
reductions of the rules. In addition to revising the anticipated 
emission reductions, we have 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). We estimate the 
monetized co-benefits of the proposed 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, we estimate the monetized co-
benefits of the proposed 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.\7\ 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.
---------------------------------------------------------------------------

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

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

    These co-benefits estimates represent the total monetized human 
health benefits for populations exposed to less PM2.5 in 
2013 from controls installed to reduce air pollutants in order to meet 
these rules. 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).\8\ 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, we utilized air quality modeling of emissions 
in the ``Non-EGU Point other'' category because we do not have modeling 
specifically for stationary engines.9 10

[[Page 33827]]

The primary difference between the estimates used in this analysis and 
the estimates reported in Fann, Fulcher, and Hubbell (2009) is the air 
quality modeling data utilized. While the air quality data used in 
Fann, Fulcher, and Hubbell (2009) reflects broad pollutant/source 
category combinations, such as all non-EGU stationary point sources, 
the air quality modeling data used in this analysis has narrower sector 
categories. In addition, the updated air quality modeling data reflects 
more recent emissions data (2005 rather than 2001) and has a higher 
spatial resolution (12-km rather than 36-km grid cells). The benefits 
methodology, such as health endpoints assessed, risk estimates applied, 
and valuation techniques applied did not change. As a result, the 
benefit-per-ton estimates presented herein better reflect the 
geographic areas and populations likely to be affected by this sector. 
However, these updated estimates still have similar limitations as all 
national-average benefit-per-ton estimates in that they reflect the 
geographic distribution of the modeled emissions, which may not exactly 
match the emission reductions in this rulemaking, and they may not 
reflect local variability in population density, meteorology, exposure, 
baseline health incidence rates, or other local factors for any 
specific location.
---------------------------------------------------------------------------

    \8\ 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.
    \9\ 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.
    \10\ Stationary engines are included in the other non-EGU point 
source category. If the affected stationary engines are more rural 
than the average of the non-EGU sources modeled, then it is possible 
that the benefits may be somewhat less than we have 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.
---------------------------------------------------------------------------

    We apply 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 these rules are directly 
emitted PM2.5 and NOX. Even though we assume 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 
co-benefits is largely driven by the concentration response function 
for premature mortality. Experts have advised the EPA to consider a 
variety of assumptions, including estimates based both on empirical 
(epidemiological) studies and judgments elicited from scientific 
experts, to characterize the uncertainty in the relationship between 
PM2.5 concentrations and premature mortality. We cite two 
key empirical studies, one based on the American Cancer Society cohort 
study \11\ and the extended Six Cities cohort study.\12\ In the RIA for 
this proposed amendments rule, which is available in the docket, we 
also include benefits estimates derived from the expert judgments and 
other assumptions.
---------------------------------------------------------------------------

    \11\ 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.
    \12\ Laden, et al., 2006. Reduction in Fine Particulate Air 
Pollution and Mortality. American Journal of Respiratory and 
Critical Care Medicine 173:667-672.
---------------------------------------------------------------------------

    The EPA strives to use the best available science to support our 
benefits analyses. We recognize that interpretation of the science 
regarding air pollution and health is dynamic and evolving. After 
reviewing the scientific literature, we have 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, we have 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, we are 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, we provide 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 ([micro]g/m\3\). Using 
the Laden, et al. (2006) study, 25 percent of the population is exposed 
above the LML of 10 [micro]g/m\3\. It is important to emphasize that we 
have high confidence in PM2.5-related effects down to the 
lowest LML of the major cohort studies. This fact is important, 
because, as we model avoided premature deaths among populations exposed 
to levels of PM2.5, we have 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, we 
believe 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 we lack the 
necessary air quality input and monitoring data to run the benefits 
model. In addition, we have not conducted air quality modeling for 
these rules, and using a benefit-per-ton approach adds another 
important source of uncertainty to the benefits estimates. The 2006 
PM2.5 NAAQS benefits analysis \13\ provides an indication of 
the sensitivity of our results to various assumptions.
---------------------------------------------------------------------------

    \13\ U.S. Environmental Protection Agency, 2006. Proposed 
Amendments Regulatory Impact Analysis: PM2.5 NAAQS. Prepared by 
Office of Air and Radiation. October. Available on the Internet at 
http://www.epa.gov/ttn/ecas/ria.html.
---------------------------------------------------------------------------

    It should be noted that the monetized co-benefits estimates 
provided above do not include benefits from several important benefit 
categories, including exposure to HAP, NOX, ozone exposure, 
as well as ecosystem effects and visibility impairment. Although we do

[[Page 33828]]

not have sufficient information or modeling available to provide 
monetized estimates for these proposed amendments, we include a 
qualitative assessment of these unquantified benefits in the RIA for 
these proposed 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 proposed 
amendments.

IV. Solicitation of Public Comments and Participation

    The EPA seeks full public participation in arriving at its final 
decisions, and strongly encourages comments on all aspects of this 
proposed rule from all interested parties. Whenever applicable, full 
supporting data and detailed analysis should be submitted to allow the 
EPA to make maximum use of the comments. The agency invites all parties 
to coordinate their data collection activities with the EPA to 
facilitate mutually beneficial and cost-effective data submissions. A 
redline/strikeout version of the complete NESHAP for stationary RICE, 
which shows the changes that are being proposed in this action, is 
available from the rulemaking docket.
    The EPA is seeking specific comment on the proposal to temporarily 
allow stationary emergency engines located at area sources to apply the 
50 hours per year that is currently allowed under Sec.  63.6640(f) for 
non-emergency operation towards any type of non-emergency operation, 
including peak shaving and non-emergency demand response if the peak 
shaving is done as part of a peak shaving (load management) program 
with the local distribution system operator. The EPA is proposing that 
the allowance be removed after April 16, 2017.
    The EPA recognizes that the electricity grid achieves demand 
response and grid stability with and without the use of emergency 
stationary RICE. Alternative approaches include reductions or shifts in 
energy use, electricity storage, distribution automation, microgrids, 
natural gas-fired combustion turbines, and grid-connected distributed 
generation, including non-emergency engines and combined heat and 
power. Many of these approaches can provide additional benefits, such 
as additional energy efficiency, lower costs, shorter electricity 
outage times, and better integration of renewable energy generation 
into the electricity grid. Several studies project a significant future 
potential for using less energy in homes, buildings, and industry 
during times of peak electricity demand. The EPA seeks comment on how 
these investments may affect the number of hours which emergency 
stationary RICE are needed in the future to address electricity peak 
shaving and grid stability.
    The EPA is also specifically seeking comment on the proposed 
criteria for expanding the current definition of remote areas of Alaska 
beyond areas that are not accessible by the FAHS. The EPA requests 
comment on whether the proposed system capacity limitation of 12 
megawatts and the alternative 500 hour cap on annual usage (based on a 
10-year rolling average) are the appropriate criteria for 
distinguishing the areas of Alaska that, while accessible by the FAHS, 
have the same unique challenges as the areas that are not accessible by 
the FAHS.
    The EPA is also seeking information related to irrigation pump 
engine sizes. During the 2010 rulemaking, the EPA relied upon several 
sources to determine the potential number of irrigation engines that 
may be impacted by the rule. Using these sources, the EPA estimated 
that the vast majority of the existing irrigation engines were less 
than or equal to 300 HP. The EPA received several comments confirming 
this estimation. The EPA seeks comprehensive, nationwide information on 
the size of existing irrigation engines to either confirm or refute our 
understanding of existing irrigation engine sizes; this information 
will assist EPA in assessing the impacts of the 2010 rule on existing 
irrigation engines. The EPA has placed information in the docket for 
this rulemaking (see EPA-HQ-OAR-2008-0708-0495) on the number of 
irrigation engines provided by the U.S. Department of Agriculture after 
the 2010 RICE NESHAP amendments were finalized.

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 proposed 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 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 the 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 recently proposed NESHAP for 
Industrial, Commercial, and Institutional Boilers (76 FR 80532) and 
NSPS for Commercial/Industrial Solid Waste Incineration Units (76 FR 
80452).

    Table 4--Summary of the Monetized Benefits, Compliance Costs and Net Benefits for the 2010 Rule With the
                         Proposed Amendments to the Stationary CI Engine NESHAP in 2013
                                         [Millions of 2010 dollars] \a\
----------------------------------------------------------------------------------------------------------------
                                          3-Percent discount rate               7-Percent discount rate
----------------------------------------------------------------------------------------------------------------
Total monetized benefits \b\.........  $770 to $1,900...............  $690 to $1,700.
Total Compliance Costs \c\...........  $373.........................  $373.

[[Page 33829]]

 
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 5--Summary of the Monetized Benefits, Compliance Costs and Net Benefits for the 2010 Rule With the
                         Proposed Amendments to the Stationary SI Engine NESHAP in 2013
                                         [Millions of 2010 dollars] \a\
----------------------------------------------------------------------------------------------------------------
                                          3-Percent discount rate               7-Percent discount rate
----------------------------------------------------------------------------------------------------------------
Total monetized benefits \b\.........  $62 to $150..................  $55 to $140.
Total Compliance Costs \c\...........  $115.........................  $115.
Net Benefits.........................  $-53 to $35..................  $-60 to $25.
----------------------------------------------------------------------------------------------------------------
Non-Monetized Benefits...............                     Health effects from exposure to HAP.
                                                 Health effects from direct exposure to NO2 and ozone.
                                                      Health effects from PM2.5 exposure from VOC.
                                                                   Ecosystem effects.
                                                                 Visibility impairment.
----------------------------------------------------------------------------------------------------------------
\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 proposed amendments, which is available in the 
docket.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action does not impose an information collection burden because 
the agency is not requiring any additional recordkeeping, reporting, 
notification or other requirements in these proposed amendments. The 
changes being proposed in this action do not affect information 
collection, but include revisions to emission standards and other minor 
issues. However, the OMB has previously approved the information 
collection requirements contained in the existing regulations under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0548. The OMB control numbers for 
the EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations 
and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field. The companies owning facilities with 
affected RICE can be grouped into small and large categories using SBA 
general size standard definitions. Size standards are based on industry 
classification codes (i.e., North American Industrial Classification 
System, or NAICS) that each company uses to identify the industry or 
industries in which they operate. 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. These thresholds vary by industry and are evaluated 
based on the primary industry classification of the affected companies. 
In cases where companies are classified by multiple NAICS codes, the 
most conservative SBA definition (i.e., the NAICS code with the highest 
employee or revenue size standard) was used.
    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

[[Page 33830]]

analysis. For the 15 industries identified at 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, the small business size standard is an ultimate parent entity 
defined as having a total electric output of 4 million megawatt-hours 
(MW-hr) in the previous fiscal year. The specific SBA size standard is 
identified for each affected industry within the industry profile to 
support this economic analysis.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
certification is based on the economic impact of this action to all 
affected small entities across all industries affected. The percentage 
of small entities impacted by this proposal having annualized costs of 
greater than 1 percent of their sales is less than 2 percent according 
to the small entity analysis. We conclude that there is no significant 
economic impact on a substantial number of small entities for this 
rule.
    For more information on the small entity impacts associated with 
the rule, 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.
    Although the proposed reconsideration rule would not have a 
significant economic impact on a substantial number of small entities, 
EPA nonetheless tried to reduce the impact of the rule on small 
entities. When developing the revised standards, EPA took special steps 
to ensure that the burdens imposed on small entities were minimal. 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, EPA proposes to reduce 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. We continue to be 
interested in the potential impacts of this proposed rule on small 
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act of 1995

    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 proposing management practices for certain existing engines 
located at area sources and is proposing amendments that will provide 
owners and operators with alternative and less expensive compliance 
demonstration methods. As a result of these proposed changes, the EPA 
anticipates a substantial reduction in the cost burden associated with 
this rule. Thus, this rule is not subject to the requirements of 
sections 202 or 205 of UMRA.
    This 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 
proposed in this action by the agency will mostly affect stationary 
engine owners and operators and will not affect small governments. The 
proposed 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 proposed 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 solicits 
comment on this 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. The EPA 
specifically solicits additional comment on this proposed action from 
tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health 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 proposed changes, the EPA anticipates a substantial reduction 
in the cost burden associated with this rule.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs 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 EPA to provide 
Congress, through OMB, explanations when the agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking involves technical standards. The EPA 
proposes to use EPA Method 25A of 40 CFR part 60, appendix A. While the 
agency identified two voluntary consensus standards as being 
potentially

[[Page 33831]]

applicable, we do not propose to use it 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 the proposed rule.
    EPA welcomes comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such 
standards should be used in this regulation.

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 the reconsideration of this final rule, as the EPA does not have 
specific information about the location of the stationary RICE affected 
by this rule.

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: May 22, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be 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 IIII--[Amended]

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

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

* * * * *
    (b) Beginning October 1, 2010, owners and operators of stationary 
CI ICE subject to this subpart with a displacement of less than 30 
liters per cylinder that use diesel fuel must use diesel fuel that 
meets the requirements of 40 CFR 80.510(b) for nonroad diesel fuel, 
except that any existing diesel fuel purchased (or otherwise obtained) 
prior to October 1, 2010, may be used until depleted.
* * * * *
    2. Section 60.4211 is amended by revising paragraph (f) to read as 
follows:

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

* * * * *
    (f) If you own or operate an emergency stationary ICE, you must 
operate the emergency stationary ICE according to the requirements in 
paragraphs (f)(1) through (3) of this section. In order for the engine 
to be considered an emergency stationary ICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations 
for 50 hours per year, as described in paragraphs (f)(1) through (3) of 
this section, is prohibited. If you do not operate the engine according 
to the requirements in paragraphs (f)(1) through (3) of this section, 
the engine will not be considered an emergency engine under this 
subpart and must meet all requirements for non-emergency engines. An 
engine that exceeds the calendar year limitations on non-emergency 
operation will be considered a non-emergency engine and subject to the 
requirements for non-emergency engines for the remaining life of the 
engine.
    (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 authority 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 regional transmission authority or 
equivalent balancing authority and transmission operator has declared 
an Energy Emergency Alert Level 2 (EEA Level 2) as defined in the North 
American Electric Reliability Corporation Reliability Standard EOP-002-
3, Capacity and Energy Emergencies.
    (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. The 50 hours per year for 
non-emergency situations cannot be used for peak shaving or non-
emergency demand response, or to otherwise supply power as part of a 
financial arrangement with another entity.
* * * * *
    3. Section 60.4219 is amended by revising the definition of 
``Emergency stationary internal combustion engine'' to read as follows:

Sec.  60.4219  What definitions apply to this subpart?

* * * * *

[[Page 33832]]

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

Subpart JJJJ--[Amended]

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

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

* * * * *
    (b) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) (except emergency stationary ICE with a maximum 
engine power greater than 25 HP and less than 130 HP) that use gasoline 
and that are manufactured on or after the applicable date in Sec.  
60.4230(a)(2), or manufactured on or after the applicable date in Sec.  
60.4230(a)(4) for emergency stationary ICE with a maximum engine power 
greater than or equal to 130 HP, to the certification emission 
standards and other requirements for new nonroad SI engines in 40 CFR 
part 1048. Stationary SI internal combustion engine manufacturers must 
certify their emergency stationary SI ICE greater than 25 HP and less 
than 130 HP that use gasoline and that are manufactured on or after the 
applicable date in Sec.  60.4230(a)(4) to the Phase 1 emission 
standards in 40 CFR 90.103, applicable to class II engines, and other 
requirements for new nonroad SI engines in 40 CFR part 90. Stationary 
SI internal combustion engine manufacturers may certify their 
stationary SI ICE with a maximum engine power less than or equal to 30 
KW (40 HP) with a total displacement less than or equal to 1,000 cubic 
centimeters (cc) that use gasoline to the certification emission 
standards and other requirements for new nonroad SI engines in 40 CFR 
part 90.
    (c) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) (except emergency stationary ICE with a maximum 
engine power greater than 25 HP and less than 130 HP) that are rich 
burn engines that use LPG and that are manufactured on or after the 
applicable date in Sec.  60.4230(a)(2), or manufactured on or after the 
applicable date in Sec.  60.4230(a)(4) for emergency stationary ICE 
with a maximum engine power greater than or equal to 130 HP, to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 1048. Stationary SI internal combustion 
engine manufacturers must certify their emergency stationary SI ICE 
greater than 25 HP and less than 130 HP that are rich burn engines that 
use LPG and that are manufactured on or after the applicable date in 
Sec.  60.4230(a)(4) to the Phase 1 emission standards in 40 CFR 90.103, 
applicable to class II engines, and other requirements for new nonroad 
SI engines in 40 CFR part 90. Stationary SI internal combustion engine 
manufacturers may certify their stationary SI ICE with a maximum 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 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.
* * * * *
    5. Section 60.4243 is amended by revising paragraph (d) to read as 
follows:

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

* * * * *
    (d) If you own or operate an emergency stationary ICE, you must 
operate the emergency stationary ICE according to the requirements in 
paragraphs (d)(1) through (3) of this section. In order for the engine 
to be considered an emergency stationary ICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations 
for 50 hours per year, as described in paragraphs (d)(1) through (3) of 
this section, is prohibited. If you do not operate the engine according 
to the requirements in paragraphs (d)(1) through (3) of this section, 
the engine will not be considered an emergency engine under this 
subpart and must meet all requirements for non-emergency engines. An 
engine that exceeds the calendar year limitations on non-emergency 
operation will be considered

[[Page 33833]]

a non-emergency engine and subject to the requirements for non-
emergency engines for the remaining life of the engine.
    (1) There is no time limit on the use of emergency stationary ICE 
in emergency situations.
    (2) You may operate your emergency stationary ICE for any 
combination of the purposes specified in paragraphs (d)(2)(i) through 
(iii) of this section for a maximum of 100 hours per calendar year. Any 
operation for non-emergency situations as allowed by paragraph (d)(3) 
of this section counts as part of the 100 hours per calendar year 
allowed by this paragraph (d)(2).
    (i) Emergency stationary ICE may be operated for maintenance checks 
and readiness testing, provided that the tests are recommended by 
federal, state, or local government, the manufacturer, the vendor, the 
regional transmission authority 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 regional transmission authority or 
equivalent balancing authority and transmission operator has declared 
an Energy Emergency Alert Level 2 (EEA Level 2) as defined in the North 
American Electric Reliability Corporation Reliability Standard EOP-002-
3, Capacity and Energy Emergencies.
    (iii) Emergency stationary ICE may be operated for periods where 
there is a deviation of voltage or frequency of 5 percent or greater 
below standard voltage or frequency.
    (3) Emergency stationary ICE may be operated for up to 50 hours per 
calendar year in non-emergency situations. The 50 hours of operation in 
non-emergency situations are counted as part of the 100 hours per 
calendar year for maintenance and testing and emergency demand response 
provided in paragraph (d)(2) of this section. The 50 hours per year for 
non-emergency situations cannot be used for peak shaving or non-
emergency demand response, or to otherwise supply power as part of a 
financial arrangement with another entity.
* * * * *
    6. Section 60.4248 is amended by revising the definition of 
``Emergency stationary internal combustion engine'' to read as follows:

Sec.  60.4248  What definitions apply to this subpart?

* * * * *
    Emergency stationary internal combustion engine means any 
stationary reciprocating internal combustion engine that meets all of 
the criteria in paragraphs (1) through (3) of this definition. All 
emergency stationary ICE must comply with the requirements specified in 
Sec.  60.4243(d) in order to be considered emergency stationary ICE. If 
the engine does not comply with the requirements specified in Sec.  
60.4243(d), then it is not considered to be an emergency stationary ICE 
under this subpart.
    (1) The stationary ICE is operated to provide electrical power or 
mechanical work during an emergency situation. Examples include 
stationary ICE used to produce power for critical networks or equipment 
(including power supplied to portions of a facility) when electric 
power from the local utility (or the normal power source, if the 
facility runs on its own power production) is interrupted, or 
stationary ICE used to pump water in the case of fire or flood, etc.
    (2) The stationary ICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec.  60.4243(d).
    (3) The stationary ICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec.  60.4243(d)(2)(ii) or (iii).
* * * * *
    7. Table 2 to subpart JJJJ of part 60 is revised to read as 
follows:
    As stated in Sec.  60.4244, you must comply with the following 
requirements for performance tests within 10 percent of 100 percent 
peak (or the highest achievable) load:

                     Table 2 to Subpart JJJJ of Part 60--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                                                                               According to the
            For each              Complying with the       You must              Using             following
                                     requirement to                                              requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary SI internal         a. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
 combustion engine demonstrating   concentration of    sampling port       of 40 CFR part      control device,
 compliance according to Sec.      NOX in the          location and the    60, appendix A or   the sampling site
 60.4244.                          stationary SI       number of           ASTM Method D6522-  must be located
                                   internal            traverse points.    00 (2005) \a\.      at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B \b\ of 40     to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A or       must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (2005) \a\.      the measurements
                                                       sampling port                           for NOX
                                                       location.                               concentration.
                                                      iii. If necessary,  (3) Method 2 or 19
                                                       determine the       of 40 CFR part 60.
                                                       exhaust flowrate
                                                       of the stationary
                                                       internal
                                                       combustion engine
                                                       exhaust.
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurement for
                                                       exhaust at the      ASTM D 6348-03      NOX
                                                       sampling port       (incorporated by    concentration.
                                                       location; and.      reference, see
                                                                           Sec.   60.17).

[[Page 33834]]

 
                                                      v. Measure NOX at   (5) Method 7E of    (d) Results of
                                                       the exhaust of      40 CFR part 60,     this test consist
                                                       the stationary      appendix A,         of the average of
                                                       internal            Method D6522-00     the three 1-hour
                                                       combustion engine.  (2005) \a\,         or longer runs.
                                                                           Method 320 of 40
                                                                           CFR part 63,
                                                                           appendix A, or
                                                                           ASTM D 6348-03
                                                                           (incorporated by
                                                                           reference, see
                                                                           Sec.   60.17).
                                  b. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   CO in the           location and the    60, appendix A or   the sampling site
                                   stationary SI       number of           ASTM Method D6522-  must be located
                                   internal            traverse points.    00 (2005) \a\.      at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B \b\ of 40     to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A or       must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (2005) \a\.      the measurements
                                                       sampling port                           for CO
                                                       location.                               concentration.
                                                      iii. If necessary,  (3) Method 2 or 19
                                                       determine the       of 40 CFR part 60.
                                                       exhaust flowrate
                                                       of the stationary
                                                       internal
                                                       combustion engine
                                                       exhaust.
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurement for
                                                       exhaust at the      ASTM D 6348-03      CO concentration.
                                                       sampling port       (incorporated by
                                                       location; and.      reference, see
                                                                           Sec.   60.17).
                                                      v. Measure CO at    (5) Method 10 of    (d) Results of
                                                       the exhaust of      40 CFR part 60,     this test consist
                                                       the stationary      appendix A, ASTM    of the average of
                                                       internal            Method D6522-00     the three 1-hour
                                                       combustion engine.  (2005) \a\,         or longer runs.
                                                                           Method 320 of 40
                                                                           CFR part 63,
                                                                           appendix A, or
                                                                           ASTM D 6348-03
                                                                           (incorporated by
                                                                           reference, see
                                                                           Sec.   60.17).
                                  c. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   VOC in the          location and the    60, appendix A.     the sampling site
                                   stationary SI       number of                               must be located
                                   internal            traverse points.                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B\b\ of 40      to determine O2
                                                       of the stationary   CFR part 60,        concentration
                                                       internal            appendix A or       must be made at
                                                       combustion engine   ASTM Method D6522-  the same time as
                                                       exhaust at the      00 (2005)\ a\.      the measurements
                                                       sampling port                           for VOC
                                                       location.                               concentration.
                                                      iii. If necessary,  (3) Method 2 or 19
                                                       determine the       of 40 CFR part 60.
                                                       exhaust flowrate
                                                       of the stationary
                                                       internal
                                                       combustion engine
                                                       exhaust.
                                                      iv. If necessary,   (4) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture must be
                                                       stationary          Method 320 of 40    made at the same
                                                       internal            CFR part 63,        time as the
                                                       combustion engine   appendix A, or      measurement for
                                                       exhaust at the      ASTM D 6348-03      VOC
                                                       sampling port       (incorporated by    concentration.
                                                       location; and.      reference, see
                                                                           Sec.   60.17).

[[Page 33835]]

 
                                                      v. Measure VOC at   (5) Methods 25A     (d) Results of
                                                       the exhaust of      and 18 of 40 CFR    this test consist
                                                       the stationary      part 60, appendix   of the average of
                                                       internal            A, Method 25A       the three 1-hour
                                                       combustion engine.  with the use of a   or longer runs.
                                                                           methane cutter as
                                                                           described in 40
                                                                           CFR 1065.265,
                                                                           Method 18 of 40
                                                                           CFR part 60,
                                                                           appendix A c d,
                                                                           Method 320 of 40
                                                                           CFR part 63,
                                                                           appendix A, or
                                                                           ASTM D 6348-03
                                                                           (incorporated by
                                                                           reference, see
                                                                           Sec.   60.17).
----------------------------------------------------------------------------------------------------------------
\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 Web site (http://www.epa.gov/ttn/emc/prelim/otm11.pdf).
\d\ You may use ASTM D6420-99 (2004), Test Method for Determination of Gaseous Organic Compounds by Direct
  Interface Gas Chromatography/Mass Spectrometry as an alternative to EPA Method 18 for measuring total
  nonmethane organic.

PART 63--[AMENDED]

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

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

Subpart ZZZZ--[Amended]

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

Sec.  63.6585  Am I subject to this subpart?

* * * * *
    (f) The emergency stationary RICE listed in paragraphs (f)(1) 
through (3) of this section are not subject to this subpart. The 
stationary RICE must meet the definition of an emergency stationary 
RICE in Sec.  63.6675, which includes operating according to the 
provisions specified in Sec.  63.6640(f).
    (1) Existing residential emergency stationary RICE located at an 
area source of HAP emissions.
    (2) Existing commercial emergency stationary RICE located at an 
area source of HAP emissions.
    (3) Existing institutional emergency stationary RICE located at an 
area source of HAP emissions.

Sec.  63.6590  [Amended]

    10. Section 63.6590 is amended by removing paragraphs (b)(3)(vi) 
through (viii).
    11. Section 63.6595 is amended by revising paragraph (a)(1) to read 
as follows:

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

    (a) * * *
    (1) If you have an existing stationary RICE, excluding existing 
non-emergency CI stationary RICE, with a site rating of more than 500 
brake HP located at a major source of HAP emissions, you must comply 
with the applicable emission limitations, operating limitations and 
other requirements no later than June 15, 2007. If you have an existing 
non-emergency CI stationary RICE with a site rating of more than 500 
brake HP located at a major source of HAP emissions, an existing 
stationary CI RICE with a site rating of less than or equal to 500 
brake HP located at a major source of HAP emissions, or an existing 
stationary CI RICE located at an area source of HAP emissions, you must 
comply with the applicable emission limitations, operating limitations, 
and other requirements no later than May 3, 2013. If you have an 
existing stationary SI RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions, or an existing 
stationary SI RICE located at an area source of HAP emissions, you must 
comply with the applicable emission limitations, operating limitations, 
and other requirements no later than October 19, 2013.
* * * * *
    12. Section 63.6602 is revised to read as follows:

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

    If you own or operate an existing stationary RICE with a site 
rating of equal to or less than 500 brake HP located at a major source 
of HAP emissions, you must comply with the emission limitations and 
other requirements in Table 2c to this subpart which apply to you. 
Compliance with the numerical emission limitations established in this 
subpart is based on the results of testing the average of three 1-hour 
runs using the testing requirements and procedures in Sec.  63.6620 and 
Table 4 to this subpart.
    13. Section 63.6603 is amended by:
    a. Revising the section heading;
    b. Revising paragraph (b); and
    c. Adding paragraphs (c) through (e) to read as follows:

Sec.  63.6603  What emission limitations, operating limitations, and 
other requirements must I meet if I own or operate an existing 
stationary RICE located at an area source of HAP emissions?

* * * * *
    (b) If you own or operate an existing stationary non-emergency CI 
RICE with a site rating of more than 300 HP located at an area source 
of HAP that meets either paragraph (b)(1) or (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

[[Page 33836]]

(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 and is used less than 500 hrs per year on a 10 
year rolling average.
    (c) If you own or operate an existing non-emergency CI RICE with a 
site rating of more than 300 HP located at an area source of HAP 
emissions that is certified to the Tier 1 or Tier 2 emission standards 
in Table 1 of 40 CFR 89.112 and that is subject to an enforceable state 
or local standard that requires the engine to be replaced no later than 
June 1, 2018, you may until January 1, 2015, or 12 years after the 
installation date of the engine (whichever is later), but not later 
than June 1, 2018, choose to comply with the management practices that 
are shown for stationary non-emergency CI RICE with a site rating of 
less than or equal to 300 HP in Table 2d of this subpart instead of the 
applicable emission limitations in Table 2d, operating limitations in 
Table 2b, and crankcase ventilation system requirements in Sec.  
63.6625(g). You must comply with the emission limitations in Table 2d 
and operating limitations in Table 2b that apply for non-emergency CI 
RICE with a site rating of more than 300 HP located at an area source 
of HAP emissions by January 1, 2015, or 12 years after the installation 
date of the engine (whichever is later), but not later than June 1, 
2018. You must also comply with the crankcase ventilation system 
requirements in Sec.  63.6625(g) by January 1, 2015, or 12 years after 
the installation date of the engine (whichever is later), but not later 
than June 1, 2018.
    (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 3 (Tier 2 for engines above 560 
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.
    (e) An existing non-emergency SI 4SLB and 4SRB stationary RICE with 
a site rating of more than 500 HP located at area sources of HAP must 
meet the definition of remote stationary RICE in Sec.  63.6675 on the 
initial compliance date for the engine, October 19, 2013, in order to 
be considered a remote stationary RICE under this subpart. Owners and 
operators of existing non-emergency SI 4SLB and 4SRB stationary RICE 
with a site rating of more than 500 HP located at area sources of HAP 
that meet the definition of remote stationary RICE in Sec.  63.6675 of 
this subpart as of October 19, 2013 must evaluate the status of their 
stationary RICE every 12 months. Owners and operators must keep records 
of the initial and annual evaluation of the status of the engine. If 
the evaluation indicates that the stationary RICE no longer meets the 
definition of remote stationary RICE in Sec.  63.6675 of this subpart, 
the owner or operator must comply with all of the requirements for 
existing non-emergency SI 4SLB and 4SRB stationary RICE with a site 
rating of more than 500 HP located at area sources of HAP that are not 
remote stationary RICE within one year of the evaluation.
    14. Section 63.6604 is revised to read as follows:

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

    If you own or operate an existing non-emergency, non-black start CI 
stationary RICE with a site rating of more than 300 brake HP with a 
displacement of less than 30 liters per cylinder that uses diesel fuel, 
you must use diesel fuel that meets the requirements in 40 CFR 
80.510(b) for nonroad diesel fuel. Existing non-emergency CI stationary 
RICE located in Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, or at area sources in areas of Alaska that meet either 
Sec.  63.6603(b)(1) or Sec.  63.6603(b)(2) are exempt from the 
requirements of this section.
    15. Section 63.6605 is amended by revising paragraph (a) to read as 
follows:

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

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

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

* * * * *
    (b) Each performance test must be conducted according to the 
requirements that this subpart specifies in Table 4 to this subpart. If 
you own or operate a non-operational stationary RICE that is subject to 
performance testing, you do not need to start up the engine solely to 
conduct the performance test. Owners and operators of a non-operational 
engine can conduct the performance test when the engine is started up 
again. The test must be conducted at any load condition within plus or 
minus 10 percent of 100 percent load for the stationary RICE listed in 
paragraphs (b)(1) through (4) of this section.
    (1) Non-emergency 4SRB stationary RICE with a site rating of 
greater than 500 brake HP located at a major source of HAP emissions.
    (2) New non-emergency 4SLB stationary RICE with a site rating of 
greater than or equal to 250 brake HP located at a major source of HAP 
emissions.
    (3) New non-emergency 2SLB stationary RICE with a site rating of 
greater than 500 brake HP located at a major source of HAP emissions.
    (4) New non-emergency CI stationary RICE with a site rating of 
greater than 500 brake HP located at a major source of HAP emissions.
* * * * *
    (e)(1) You must use Equation 1 of this section to
    [GRAPHIC] [TIFF OMITTED] TP07JN12.000
    

determine compliance with the percent reduction requirement:

Where:

Ci = concentration of CO, THC, or formaldehyde at the 
control device inlet,
Co = concentration of CO, THC, or formaldehyde at the 
control device outlet, and
R = percent reduction of CO, THC, or formaldehyde emissions.

    (2) You must normalize the carbon monoxide (CO), total hydrocarbons 
(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

[[Page 33837]]

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,
[GRAPHIC] [TIFF OMITTED] TP07JN12.001

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, dsm\3\/J (dscf/10\6\ 
Btu).
Fc = Ratio of the volume of CO2 produced to 
the gross calorific value of the fuel from Method 19, dsm\3\/J 
(dscf/10\6\ Btu)

    (ii) Calculate the CO2 correction factor for correcting
    [GRAPHIC] [TIFF OMITTED] TP07JN12.002
    

measurement data to 15 percent oxygen, as follows:

Where:

Xco2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2--15 percent O2, the 
defined O2 correction value, percent.

    (iii) Calculate the CO, THC, and formaldehyde gas concentrations 
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TP07JN12.003

Where:

%CO2 = Measured CO2 concentration measured, 
dry basis, percent.
* * * * *
    17. Section 63.6625 is amended by:
    a. Revising the introductory text of paragraph (a);
    b. Revising the introductory text of paragraph (b);
    c. Revising paragraph (e)(6); and
    d. Revising paragraph (g) to read as follows:

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

    (a) If you elect to install a CEMS as specified in Table 5 of this 
subpart, you must install, operate, and maintain a CEMS to monitor CO 
and either oxygen or CO2 according to the requirements in 
paragraphs (a)(1) through (4) of this section. If you are meeting a 
requirement to reduce CO emissions, the CEMS must be installed at both 
the inlet and outlet of the control device. If you are meeting a 
requirement to limit the concentration of CO, the CEMS must be 
installed at the outlet of the control device. * * *
* * * * *
    (b) If you are required to install a continuous parameter 
monitoring system (CPMS) as specified in Table 5 of this subpart, you 
must install, operate, and maintain each CPMS according to the 
requirements in paragraphs (b)(1) through (6) of this section. * * *
* * * * *
    (e) * * *
    (6) An existing non-emergency, non-black start stationary RICE 
located at an area source of HAP emissions which combusts landfill or 
digester gas equivalent to 10 percent or more of the gross heat input 
on an annual basis;
* * * * *
    (g) If you own or operate an existing non-emergency, non-black 
start CI engine greater than or equal to 300 HP that is not equipped 
with a closed crankcase ventilation system, you must comply with either 
paragraph (g)(1) or paragraph (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 either Sec.  
63.6603(b)(1) or Sec.  63.6603(b)(2) 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.
* * * * *
    18. 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:

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

    (a) You must demonstrate initial compliance with each emission 
limitation, operating limitation, and other requirement that applies to 
you according to Table 5 of this subpart.
* * * * *
    (d) Non-emergency 4SRB stationary RICE complying with the 
requirement to reduce formaldehyde emissions by 76 percent or more can 
demonstrate initial compliance with the formaldehyde emission limit by 
testing for THC instead of formaldehyde. The testing must be conducted 
according to the requirements in Table 4 of this subpart. The average 
reduction of emissions of THC determined from the performance test must 
be equal to or greater than 30 percent.
    (e) The initial compliance demonstration required for existing non-
emergency 4SLB and 4SRB stationary RICE with a site rating of more than 
500 HP located at an area source of HAP that are not remote stationary 
RICE and that are operated more than 24 hours per calendar year must be 
conducted according to the following requirements:
    (1) The compliance demonstration must consist of at least three 
test runs.
    (2) Each test run must be of at least 15 minute duration, except 
that each test conducted using the method in appendix A to this subpart 
must consist of at least one measurement cycle and include at least 2 
minutes of test data phase measurement.
    (3) If you are demonstrating compliance with the CO concentration 
or CO percent reduction requirement, you must measure CO emissions 
using one of the CO measurement methods specified in Table 4 of this 
subpart, or using appendix A to this subpart.
    (4) If you are demonstrating compliance with the THC percent 
reduction requirement, you must measure THC emissions using Method 25A 
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.
    19. Section 63.6640 is amended by:
    a. Amending the section heading;
    b. Revising paragraph (a);

[[Page 33838]]

    c. Revising paragraph (c); and
    d. Revising paragraph (f) to read as follows:

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

    (a) You must demonstrate continuous compliance with each emission 
limitation, operating limitation, and other requirements in Tables 1a 
and 1b, Tables 2a and 2b, Table 2c, and Table 2d to this subpart that 
apply to you according to methods specified in Table 6 to this subpart.
* * * * *
    (c) The annual compliance demonstration required for existing non-
emergency 4SLB and 4SRB stationary RICE with a site rating of more than 
500 HP located at an area source of HAP that are not remote stationary 
RICE and that are operated more than 24 hours per calendar year must be 
conducted according to the following requirements:
    (1) The compliance demonstration must consist of at least one test 
run.
    (2) Each test run must be of at least 15 minute duration, except 
that each test conducted using the method in appendix A to this subpart 
must consist of at least one measurement cycle and include at least 2 
minutes of test data phase measurement.
    (3) If you are demonstrating compliance with the CO concentration 
or CO percent reduction requirement, you must measure CO emissions 
using one of the CO measurement methods specified in Table 4 of this 
subpart, or using appendix A to this subpart.
    (4) If you are demonstrating compliance with the THC percent 
reduction requirement, you must measure THC emissions using Method 25A 
of 40 CFR part 60, appendix A.
    (5) You must measure O2 using one of the O2 
measurement methods specified in Table 4 of this subpart. Measurements 
to determine O2 concentration must be made at the same time 
as the measurements for CO or THC concentration.
    (6) If you are demonstrating compliance with the CO or THC percent 
reduction requirement, you must measure CO or THC emissions and 
O2 emissions simultaneously at the inlet and outlet of the 
control device.
    (7) If the results of the annual compliance demonstration show that 
the emissions exceed the levels specified in Table 6 of this subpart, 
the stationary RICE must be shut down as soon as safely possible, and 
appropriate corrective action must be taken (e.g., repairs, catalyst 
cleaning, catalyst replacement). The stationary RICE must be retested 
within 7 days of being restarted and the emissions must meet the levels 
specified in Table 6 of this subpart. If the retest shows that the 
emissions continue to exceed the specified levels, the stationary RICE 
must again be shut down as soon as safely possible, and the stationary 
RICE may not operate, except for purposes of startup and testing, until 
the owner/operator demonstrates through testing that the emissions do 
not exceed the levels specified in Table 6 of this subpart.
* * * * *
    (f) If you own or operate an emergency stationary RICE, you must 
operate the emergency stationary RICE according to the requirements in 
paragraphs (f)(1) through (4) of this section. In order for the engine 
to be considered an emergency stationary RICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations 
for 50 hours per year, as described in paragraphs (f)(1) through (4) of 
this section, is prohibited. If you do not operate the engine according 
to the requirements in paragraphs (f)(1) through (4) of this section, 
the engine will not be considered an emergency engine under this 
subpart and must meet all requirements for non-emergency engines. An 
engine that exceeds the calendar year limitations on non-emergency 
operation will be considered a non-emergency engine and subject to the 
requirements for non-emergency engines for the remaining life of the 
engine.
    (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 authority 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 regional transmission authority or 
equivalent balancing authority and transmission operator has declared 
an Energy Emergency Alert Level 2 (EEA Level 2) as defined in the North 
American Electric Reliability Corporation Reliability Standard EOP-002-
3, Capacity and Energy Emergencies.
    (iii) Emergency stationary RICE may be operated for periods where 
there is a deviation of voltage or frequency of 5 percent or greater 
below standard voltage or frequency.
    (3) Emergency stationary RICE located at major sources of HAP may 
be operated for up to 50 hours per calendar year in non-emergency 
situations. The 50 hours of operation in non-emergency situations are 
counted as part of the 100 hours per calendar year for maintenance and 
testing and emergency demand response provided in paragraph (f)(2) of 
this section. The 50 hours per year for non-emergency situations cannot 
be used for peak shaving or non-emergency demand response, or to 
generate income for a facility to supply power to an electric grid or 
otherwise supply power as part of a financial arrangement with another 
entity.
    (4) Existing emergency stationary RICE located at area sources of 
HAP may be operated for up to 50 hours per calendar year in non-
emergency situations. The 50 hours of operation in non-emergency 
situations are counted as part of the 100 hours per calendar year for 
maintenance and testing and emergency demand response provided in 
paragraph (f)(2) of this section.
    (i) Prior to April 16, 2017, the 50 hours per year for non-
emergency situations can be used for peak shaving or non-emergency 
demand response to generate income for a facility, or to otherwise 
supply power as part of a financial arrangement with another entity if 
engines 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) On or after April 16, 2017, the 50 hours per year for non-
emergency situations cannot be used for peak shaving or non-emergency 
demand response, or to otherwise supply power

[[Page 33839]]

as part of a financial arrangement with another entity.
* * * * *
    20. Section 63.6645 is amended by adding a new paragraph (i) to 
read as follows:

Sec.  63.6645  What notifications must I submit and when?

* * * * *
    (i) If you own or operate an existing non-emergency CI RICE with a 
site rating of more than 300 HP located at an area source of HAP 
emissions that is certified to the Tier 1 or Tier 2 emission standards 
in Table 1 of 40 CFR 89.112 and subject to an enforceable state or 
local standard requiring engine replacement and you intend to meet 
management practices rather than emission limits, as specified in Sec.  
63.6603(c), you must submit a notification by March 3, 2013, stating 
that you intend to use the provision in Sec.  63.6603(c) and 
identifying the state or local regulation that the engine is subject 
to.
    21. Section 63.6675 is amended by:
    a. Adding in alphabetical order the definition of Alaska Railbelt 
Grid;
    b. Revising the definition of Emergency stationary RICE; and
    c. Adding in alphabetical order the definition of Remote stationary 
RICE to read as follows.

Sec.  63.6675  What definitions apply to this subpart?

* * * * *
    Alaska Railbelt Grid means the service areas of the six regulated 
public utilities that extend from Fairbanks to Anchorage and the Kenai 
Peninsula. These utilities are Golden Valley Electric Association; 
Chugach Electric Association; Matanuska Electric Association; Homer 
Electric Association; Anchorage Municipal Light & Power; and the City 
of Seward Electric System.
* * * * *
    Emergency stationary RICE means any stationary reciprocating 
internal combustion engine that meets all of the criteria in paragraphs 
(1) through (3) of this definition. All emergency stationary RICE must 
comply with the requirements specified in Sec.  63.6640(f) in order to 
be considered emergency stationary RICE. If the engine does not comply 
with the requirements specified in Sec.  63.6640(f), then it is not 
considered to be an emergency stationary RICE under this subpart.
    (1) The stationary RICE is operated to provide electrical power or 
mechanical work during an emergency situation. Examples include 
stationary RICE used to produce power for critical networks or 
equipment (including power supplied to portions of a facility) when 
electric power from the local utility (or the normal power source, if 
the facility runs on its own power production) is interrupted, or 
stationary RICE used to pump water in the case of fire or flood, etc.
    (2) The stationary RICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec.  63.6640(f).
    (3) The stationary RICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec.  63.6640(f)(2)(ii) or (iii) and 
Sec.  63.6640(f)(4)(i).
* * * * *
    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 within 220 yards (200 meters) on either side of the 
centerline of any continuous 1-mile (1.6 kilometers) length of 
pipeline. Each separate dwelling unit in a multiple dwelling unit 
building is counted as a separate building intended for human 
occupancy.
    (ii) The pipeline segment does not lie within 100 yards (91 meters) 
of either a building or a small, well-defined outside area (such as a 
playground, recreation area, outdoor theater, or other place of public 
assembly) that is occupied by 20 or more persons on at least 5 days a 
week for 10 weeks in any 12-month period. The days and weeks need not 
be consecutive. The building or area is considered occupied for a full 
day if it is occupied for any portion of the day.
    (iii) For purposes of this paragraph (2), the term pipeline segment 
means all parts of those physical facilities through which gas moves in 
transportation, including but not limited to pipe, valves, and other 
appurtenance attached to pipe, compressor units, metering stations, 
regulator stations, delivery stations, holders, and fabricated 
assemblies. Stationary RICE located within 50 yards (46 m) 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 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.
* * * * *
    22. Table 1b to Subpart ZZZZ of Part 63 is revised to read as 
follows:
    As stated in Sec. Sec.  63.6600, 63.6603, 63.6630 and 63.6640, you 
must comply with the following operating limitations for existing, new 
and reconstructed 4SRB stationary RICE >500 HP located at a major 
source of HAP emissions:

Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for Existing,
New, and Reconstructed SI 4SRB Stationary RICE 500 HP Located
                   at a Major Source of HAP Emissions
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                operating limitation, except
                                         during periods of startup . . .
------------------------------------------------------------------------
1. existing, new and reconstructed 4SRB  a. maintain your catalyst so
 stationary RICE >500 HP located at a     that the pressure drop across
 major source of HAP emissions            the catalyst does not change
 complying with the requirement to        by more than 2 inches of water
 reduce formaldehyde emissions by 76      at 100 percent load plus or
 percent or more (or by 75 percent or     minus 10 percent from the
 more, if applicable) and using NSCR;     pressure drop across the
 or                                       catalyst measured during the
                                          initial performance test; and

[[Page 33840]]

 
existing, new and reconstructed 4SRB     b. maintain the temperature of
 stationary RICE >500 HP located at a     your stationary RICE exhaust
 major source of HAP emissions            so that the catalyst inlet
 complying with the requirement to        temperature is greater than or
 limit the concentration of               equal to 750[deg]F and less
 formaldehyde in the stationary RICE      than or equal to 1250[deg]
 exhaust to 350 ppbvd or less at 15       F.\1\
 percent O2 and using NSCR;
------------------------------------------------------------------------
2. existing, new and reconstructed 4SRB  Comply with any operating
 stationary RICE >500 HP located at a     limitations approved by the
 major source of HAP emissions            Administrator.
 complying with the requirement to
 reduce formaldehyde emissions by 76
 percent or more (or by 75 percent or
 more, if applicable) and not using
 NSCR; or
existing, new and reconstructed 4SRB
 stationary RICE >500 HP located at a
 major source of HAP emissions
 complying with the requirement to
 limit the concentration of
 formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.8(f) for a different temperature range.

    23. Table 2b to Subpart ZZZZ of Part 63 is revised to read as 
follows:
    As stated in Sec. Sec.  63.6600, 63.6601, 63.6603, 63.6630, and 
63.6640, you must comply with the following operating limitations for 
new and reconstructed 2SLB and CI stationary RICE >500 HP located at a 
major source of HAP emissions; new and reconstructed 4SLB stationary 
RICE >=250 HP located at a major source of HAP emissions; and existing 
CI stationary RICE >500 HP:

 Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New and
Reconstructed 2SLB and CI Stationary RICE 500 HP Located at a
  Major Source of HAP Emissions, New and Reconstructed 4SLB Stationary
   RICE =250 HP Located at a Major Source of HAP Emissions,
    Existing CI Stationary RICE 500 HP, and Existing 4SLB
   Stationary RICE 500 HP Located at an Area Source of HAP
                                Emissions
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                operating limitation, except
                                         during periods of startup . . .
------------------------------------------------------------------------
1. New and reconstructed 2SLB and CI     a. maintain your catalyst so
 stationary RICE >500 HP located at a     that the pressure drop across
 major source of HAP emissions and new    the catalyst does not change
 and reconstructed 4SLB stationary RICE   by more than 2 inches of water
 >=250 HP located at a major source of    at 100 percent load plus or
 HAP emissions complying with the         minus 10 percent from the
 requirement to reduce CO emissions and   pressure drop across the
 using an oxidation catalyst; and         catalyst that was measured
New and reconstructed 2SLB and CI         during the initial performance
 stationary RICE >500 HP located at a     test; and
 major source of HAP emissions and new   b. maintain the temperature of
 and reconstructed 4SLB stationary RICE   your stationary RICE exhaust
 >=250 HP located at a major source of    so that the catalyst inlet
 HAP emissions complying with the         temperature is greater than or
 requirement to limit the concentration   equal to 450 [deg]F and less
 of formaldehyde in the stationary RICE   than or equal to 1350
 exhaust and using an oxidation           [deg]F.\1\
 catalyst.
2. Existing CI stationary RICE >500 HP   a. maintain your catalyst so
 complying with the requirement to        that the pressure drop across
 limit or reduce the concentration of     the catalyst does not change
 CO in the stationary RICE exhaust and    by more than 2 inches of water
 using an oxidation catalyst.             from the pressure drop across
                                          the catalyst that was measured
                                          during the initial performance
                                          test; and
                                         b. maintain the temperature of
                                          your stationary RICE exhaust
                                          so that the catalyst inlet
                                          temperature is greater than or
                                          equal to 450 [deg]F and less
                                          than or equal to 1350
                                          [deg]F.\1\
3. New and reconstructed 2SLB and CI     Comply with any operating
 stationary RICE >500 HP located at a     limitations approved by the
 major source of HAP emissions and new    Administrator.
 and reconstructed 4SLB stationary RICE
 >=250 HP located at a major source of
 HAP emissions complying with the
 requirement to reduce CO emissions and
 not using an oxidation catalyst; and
New and reconstructed 2SLB and CI
 stationary RICE >500 HP located at a
 major source of HAP emissions and new
 and reconstructed 4SLB stationary RICE
 >=250 HP located at a major source of
 HAP emissions complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst and
existing CI stationary RICE >500 HP
 complying with the requirement to
 limit or reduce the concentration of
 CO in the stationary RICE exhaust and
 not using an oxidation catalyst.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.8(f) for a different temperature range.

[[Page 33841]]

    24. Table 2c to Subpart ZZZZ of Part 63 is revised to read as 
follows:
    As stated in Sec. Sec.  63.6600, 63.6602, and 63.6640, you must 
comply with the following requirements for existing compression 
ignition stationary RICE located at a major source of HAP emissions and 
existing spark ignition stationary RICE 500 HP.                               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      a. Change oil and filter every
 start stationary SI RICE.\1\                   500 hours of operation or
                                                annually, whichever comes
                                                first; \2\
                                               b. Inspect spark plugs every
                                                1,000 hours of operation or
                                                annually, whichever comes
                                                first, and replace as
                                                necessary;.
                                               c. Inspect all hoses and belts
                                                every 500 hours of operation or
                                                annually, whichever comes
                                                first, and replace as
                                                necessary.\3\
----------------------------------------------------------------------------------------------------------------
7. Non-Emergency, non-black start stationary   a. Change oil and filter every
 SI RICE 500 HP.                       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      a. Change oil and filter every
 start stationary CI RICE.\2\                   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 33843]]

 
5. Emergency stationary SI RICE; black start   a. Change oil and filter every
 stationary SI RICE; non-emergency, non-black   500 hours of operation or
 start 4SLB stationary RICE >500 HP that        annually, whichever comes
 operate 24 hours or less per calendar year;    first; \1\
 non-emergency, non-black start 4SRB           b. Inspect spark plugs every
 stationary RICE >500 HP that operate 24        1,000 hours of operation or
 hours or less per calendar year.\2\            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         a. Change oil and filter every
 stationary RICE.                               4,320 hours of operation or
                                                annually, whichever comes
                                                first; \1\
                                               b. Inspect spark plugs every
                                                4,320 hours of operation or
                                                annually, whichever comes
                                                first, and replace as
                                                necessary; and.
 
                                               c. Inspect all hoses and belts
                                                every 4,320 hours of operation
                                                or annually, whichever comes
                                                first, and replace as
                                                necessary.
----------------------------------------------------------------------------------------------------------------
7. Non-emergency, non-black start 4SLB         a. Change oil and filter every
 stationary RICE 500   annually, whichever comes
 HP.                                            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         Install an oxidation catalyst to
 stationary RICE >500 HP that are not remote    reduce HAP emissions from the
 stationary RICE and that operate more than     stationary RICE.
 24 hours per calendar year.
----------------------------------------------------------------------------------------------------------------
9. Non-emergency, non-black start 4SRB         a. Change oil and filter every
 stationary RICE 500   annually, whichever comes
 HP.                                            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..
----------------------------------------------------------------------------------------------------------------
10. Non-emergency, non-black start 4SRB        Install NSCR to reduce HAP
 stationary RICE >500 HP that are not remote    emissions from the stationary
 stationary RICE and that operate more than     RICE.
 24 hours per calendar year.
----------------------------------------------------------------------------------------------------------------
11. Non-emergency, non-black start stationary  a. Change oil and filter every
 RICE which combusts landfill or digester gas   1,440 hours of operation or
 equivalent to 10 percent or more of the        annually, whichever comes
 gross heat input on an annual basis.           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 Sec.   63.6625(i) in order to
  extend the specified oil change requirement in Table 2d of this subpart.

[[Page 33844]]

 
\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.

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

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

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

                     Table 4 to Subpart ZZZZ of Part 63--Requirements for Performance Tests
----------------------------------------------------------------------------------------------------------------
                                  Complying with the                                           According to the
         For each . . .             requirement to .    You must . . .        Using . . .          following
                                          . .                                                 requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI stationary  a. reduce CO        i. Measure the O2   (1) Method 3 or 3A  (a) Measurements
 RICE.                             emissions.          at the inlet and    or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   must be made at
                                                       control device;     A, or ASTM Method   the same time as
                                                       and                 D6522-00 (2005)     the measurements
                                                                           \a\ (incorporated   for CO
                                                                           by reference, see   concentration.
                                                                           Sec.   63.14).
                                                      ii. Measure the CO  (1) ASTM D6522-00   (a) The CO
                                                       at the inlet and    (2005) \a,b\        concentration
                                                       the outlet of the   (incorporated by    must be at 15
                                                       control device.     reference, see      percent O2, dry
                                                                           Sec.   63.14) or    basis.
                                                                           Method 10 of 40
                                                                           CFR part 60,
                                                                           appendix A.
----------------------------------------------------------------------------------------------------------------

[[Page 33845]]

 
2. 4SRB stationary RICE.........  a. reduce           i. Select the       (1) Method 1 or 1A  (a) sampling sites
                                   formaldehyde        sampling port       of 40 CFR part      must be located
                                   emissions.          location and the    60, appendix A      at the inlet and
                                                       number of           Sec.                outlet of the
                                                       traverse points;    63.7(d)(1)(i).      control device.
                                                       and
                                                      ii. Measure O2 at   (1) Method 3 or 3A  (a) measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A, or ASTM Method   must be made at
                                                       and                 D6522-00 (2005).    the same time as
                                                                                               the measurements
                                                                                               for formaldehyde
                                                                                               or THC
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) measurements
                                                       moisture content    CFR part 60,        to determine
                                                       at the inlet and    appendix A, or      moisture content
                                                       outlet of the       Test Method 320     must be made at
                                                       control device;     of 40 CFR part      the same time and
                                                       and                 63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde or
                                                                                               THC
                                                                                               concentration.
                                                      iv. If              (1) Method 320 or   (a) formaldehyde
                                                       demonstrating       323 of 40 CFR       concentration
                                                       compliance with     part 63, appendix   must be at 15
                                                       the formaldehyde    A; or ASTM D6348-   percent O2, dry
                                                       percent reduction   03 \c\, provided    basis. Results of
                                                       requirement,        in ASTM D6348-03    this test consist
                                                       measure formalde-   Annex A5 (Analyte   of the average of
                                                       hyde at the inlet   Spiking             the three 1-hour
                                                       and the outlet of   Technique), the     or longer runs.
                                                       the control         percent R must be
                                                       device.             greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
                                                      v. If               (1) Method 25A of   (a) THC
                                                       demonstrating       40 CFR part 60,     concentration
                                                       compliance with     appendix A.         must be at 15
                                                       the THC percent                         percent O2, dry
                                                       reduction                               basis. Results of
                                                       requirement,                            this test consist
                                                       measure THC at                          of the average of
                                                       the inlet and the                       the three 1-hour
                                                       outlet of the                           or longer runs.
                                                       control device.
----------------------------------------------------------------------------------------------------------------
3. Stationary RICE..............  a. limit the        i. Select the       (1) Method 1 or 1A  (a) if using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   formalde-hyde or    location and the    60, appendix A      the sampling site
                                   CO in the           number of           Sec.                must be located
                                   stationary RICE     traverse points;    63.7(d)(1)(i).      at the outlet of
                                   exhaust.            and                                     the control
                                                                                               device.
                                                      ii. Determine the   (1) Method 3 or 3A  (a) measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       RICE exhaust at     A, or ASTM Method   must be made at
                                                       the sampling port   D6522-00 (2005).    the same time and
                                                       location; and                           location as the
                                                                                               measurements for
                                                                                               formaldehyde or
                                                                                               CO concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) measurements
                                                       moisture content    CFR part 60,        to determine
                                                       of the station-     appendix A, or      moisture content
                                                       ary RICE exhaust    Test Method 320     must be made at
                                                       at the sampling     of 40 CFR part      the same time and
                                                       port location;      63, appendix A,     location as the
                                                       and                 or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde or
                                                                                               CO concentration.
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formalde-hyde at    323 of 40 CFR       concentration
                                                       the exhaust of      part 63, appendix   must be at 15
                                                       the station-ary     A; or ASTM D6348-   percent O2, dry
                                                       RICE; or            03 \c\, provided    basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.

[[Page 33846]]

 
                                                      v. measure CO at    (1) Method 10 of    (a) CO
                                                       the exhaust of      40 CFR part 60,     concentration
                                                       the station-ary     appendix A, ASTM    must be at 15
                                                       RICE.               Method D6522-00     percent O2, dry
                                                                           (2005) \a\,         basis. Results of
                                                                           Method 320 of 40    this test consist
                                                                           CFR part 63,        of the average of
                                                                           appendix A, or      the three 1-hour
                                                                           ASTM D6348-03.      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.

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

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

[[Page 33847]]

 
5. New or reconstructed non-emergency 2SLB     a. Reduce CO emissions, and       i. You have installed a CEMS to
 stationary RICE >500 HP located at a major     using a CEMS.                     continuously monitor CO and
 source of HAP, new or reconstructed non-                                         either O2 or CO2 at both the
 emergency 4SLB stationary RICE >=250 HP                                          inlet and outlet of the
 located at a major source of HAP, non-                                           oxidation catalyst according
 emergency stationary CI RICE >500 HP located                                     to the requirements in Sec.
 at a major source of HAP, and existing non-                                      63.6625(a); and
 emergency stationary CI RICE >500 HP located                                    ii. You have conducted a
 at an area source of HAP.                                                        performance evaluation of your
                                                                                  CEMS using PS 3 and 4A of 40
                                                                                  CFR part 60, appendix B; and
                                                                                 iii. The average reduction of
                                                                                  CO calculated using Sec.
                                                                                  63.6620 equals or exceeds the
                                                                                  required percent reduction.
                                                                                  The initial test comprises the
                                                                                  first 4-hour period after
                                                                                  successful validation of the
                                                                                  CEMS. Compliance is based on
                                                                                  the average percent reduction
                                                                                  achieved during the 4-hour
                                                                                  period.
----------------------------------------------------------------------------------------------------------------
6. Non-emergency stationary CI RICE >500 HP    a. Limit the concentration of     i. You have installed a CEMS to
 located at a major source of HAP, and          CO, and using a CEMS.             continuously monitor CO and
 existing non-emergency stationary CI RICE                                        either O2 or CO2 at the outlet
 >500 HP located at an area source of HAP.                                        of the oxidation catalyst
                                                                                  according to the requirements
                                                                                  in Sec.   63.6625(a); and
                                                                                 ii. You have conducted a
                                                                                  performance evaluation of your
                                                                                  CEMS using PS 3 and 4A of 40
                                                                                  CFR part 60, appendix B; and
                                                                                 iii. The average concentration
                                                                                  of CO calculated using Sec.
                                                                                  63.6620 is less than or equal
                                                                                  to the CO emission limitation.
                                                                                  The initial test comprises the
                                                                                  first 4-hour period after
                                                                                  successful validation of the
                                                                                  CEMS. Compliance is based on
                                                                                  the average concentration
                                                                                  measured during the 4-hour
                                                                                  period.
----------------------------------------------------------------------------------------------------------------
7. Non-emergency 4SRB stationary RICE >500 HP  a. Reduce formaldehyde emissions  i. The average reduction of
 located at a major source of HAP.              and using NSCR.                   emissions of formaldehyde
                                                                                  determined from the initial
                                                                                  performance test is equal to
                                                                                  or greater than the required
                                                                                  formaldehyde percent
                                                                                  reduction, or the average
                                                                                  reduction of emissions of THC
                                                                                  determined from the initial
                                                                                  performance test is equal to
                                                                                  or greater than 30 percent;
                                                                                  and
                                                                                 ii. You have installed a CPMS
                                                                                  to continuously monitor
                                                                                  catalyst inlet temperature
                                                                                  according to the requirements
                                                                                  in Sec.   63.6625(b); and
                                                                                 iii. You have recorded the
                                                                                  catalyst pressure drop and
                                                                                  catalyst inlet temperature
                                                                                  during the initial performance
                                                                                  test.
----------------------------------------------------------------------------------------------------------------
8. Non-emergency 4SRB stationary RICE >500 HP  a. Reduce formaldehyde emissions  i. The average reduction of
 located at a major source of HAP.              and not using NSCR.               emissions of formaldehyde
                                                                                  determined from the initial
                                                                                  performance test is equal to
                                                                                  or greater than the required
                                                                                  formaldehyde percent
                                                                                  reduction; and
                                                                                 ii. You have installed a CPMS
                                                                                  to continuously monitor
                                                                                  operating parameters approved
                                                                                  by the Administrator (if any)
                                                                                  according to the requirements
                                                                                  in Sec.   63.6625(b); and
                                                                                 iii. You have recorded the
                                                                                  approved operating parameters
                                                                                  (if any) during the initial
                                                                                  performance test.
----------------------------------------------------------------------------------------------------------------
9. New or reconstructed non-emergency          a. Limit the concentration of     i. The average formaldehyde
 stationary RICE >500 HP located at a major     formaldehyde in the stationary    concentration, corrected to 15
 source of HAP, new or reconstructed non-       RICE exhaust and using            percent O2, dry basis, from
 emergency 4SLB stationary RICE 250500 HP located at a major source of HAP.                                        limitation; and
                                                                                 ii. You have installed a CPMS
                                                                                  to continuously monitor
                                                                                  catalyst inlet temperature
                                                                                  according to the requirements
                                                                                  in Sec.   63.6625(b); and

[[Page 33848]]

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

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

[[Page 33849]]

Table 6 to Subpart ZZZZ of Part 63--Continuous Compliance With Emission Limitations, Operating Limitations, Work
                                       Practices, and Management Practices
----------------------------------------------------------------------------------------------------------------
                                                Complying with the requirement   You must demonstrate continuous
                For each . . .                             to . . .                    compliance by . . .
----------------------------------------------------------------------------------------------------------------
1. New or reconstructed non-emergency 2SLB     a. Reduce CO emissions and using  i. Conducting semiannual
 stationary RICE >500 HP located at a major     an oxidation catalyst, and        performance tests for CO to
 source of HAP, new or reconstructed non-       using a CPMS.                     demonstrate that the required
 emergency 4SLB stationary RICE >=250 HP                                          CO percent reduction is
 located at a major source of HAP, and new or                                     achieved; \a\ and
 reconstructed non-emergency CI stationary                                       ii. Collecting the catalyst
 RICE >500 HP located at a major source of                                        inlet temperature data
 HAP.                                                                             according to Sec.
                                                                                  63.6625(b); and
                                                                                 iii. Reducing these data to 4-
                                                                                  hour rolling averages; and
                                                                                 iv. Maintaining the 4-hour
                                                                                  rolling averages within the
                                                                                  operating limitations for the
                                                                                  catalyst inlet temperature;
                                                                                  and
                                                                                 v. Measuring the pressure drop
                                                                                  across the catalyst once per
                                                                                  month and demonstrating that
                                                                                  the pressure drop across the
                                                                                  catalyst is within the
                                                                                  operating limitation
                                                                                  established during the
                                                                                  performance test.
----------------------------------------------------------------------------------------------------------------
2. New or reconstructed non-emergency 2SLB     a. Reduce CO emissions and not    i. Conducting semiannual
 stationary RICE >500 HP located at a major     using an oxidation catalyst,      performance tests for CO to
 source of HAP, new or reconstructed non-       and using a CPMS.                 demonstrate that the required
 emergency 4SLB stationary RICE >=250 HP                                          CO percent reduction is
 located at a major source of HAP, and new or                                     achieved; \a\ and
 reconstructed non-emergency CI stationary                                       ii. Collecting the approved
 RICE >500 HP located at a major source of                                        operating parameter (if any)
 HAP.                                                                             data according to Sec.
                                                                                  63.6625(b); and
                                                                                 iii. Reducing these data to 4-
                                                                                  hour rolling averages; and
                                                                                 iv. Maintaining the 4-hour
                                                                                  rolling averages within the
                                                                                  operating limitations for the
                                                                                  operating parameters
                                                                                  established during the
                                                                                  performance test.
----------------------------------------------------------------------------------------------------------------
3. New or reconstructed non-emergency 2SLB     a. Reduce CO emissions or limit   i. Collecting the monitoring
 stationary RICE >500 HP located at a major     the concentration of CO in the    data according to Sec.
 source of HAP, new or reconstructed non-       stationary RICE exhaust, and      63.6625(a), reducing the
 emergency 4SLB stationary RICE >=250 HP        using a CEMS.                     measurements to 1-hour
 located at a major source of HAP, new or                                         averages, calculating the
 reconstructed non-emergency stationary CI                                        percent reduction or
 RICE >500 HP located at a major source of                                        concentration of CO emissions
 HAP, and existing non-emergency stationary                                       according to Sec.   63.6620;
 CI RICE >500 HP.                                                                 and
                                                                                 ii. Demonstrating that the
                                                                                  catalyst achieves the required
                                                                                  percent reduction of CO
                                                                                  emissions over the 4-hour
                                                                                  averaging period, or that the
                                                                                  emission remain at or below
                                                                                  the CO concentration limit;
                                                                                  and
                                                                                 iii. Conducting an annual RATA
                                                                                  of your CEMS using PS 3 and 4A
                                                                                  of 40 CFR part 60, appendix B,
                                                                                  as well as daily and periodic
                                                                                  data quality checks in
                                                                                  accordance with 40 CFR part
                                                                                  60, appendix F, procedure 1.
----------------------------------------------------------------------------------------------------------------
4. Non-emergency 4SRB stationary RICE >500 HP  a. Reduce formaldehyde emissions  i. Collecting the catalyst
 located at a major source of HAP.              and using NSCR.                   inlet temperature data
                                                                                  according to Sec.
                                                                                  63.6625(b); and
                                                                                 ii. reducing these data to 4-
                                                                                  hour rolling averages; and
                                                                                 iii. Maintaining the 4-hour
                                                                                  rolling averages within the
                                                                                  operating limitations for the
                                                                                  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  a. Reduce formaldehyde emissions  i. Collecting the approved
 located at a major source of HAP.              and not using NSCR.               operating parameter (if any)
                                                                                  data according to Sec.
                                                                                  63.6625(b); and
                                                                                 ii. Reducing these data to 4-
                                                                                  hour rolling averages; and
                                                                                 iii. Maintaining the 4-hour
                                                                                  rolling averages within the
                                                                                  operating limitations for the
                                                                                  operating parameters
                                                                                  established during the
                                                                                  performance test.
----------------------------------------------------------------------------------------------------------------

[[Page 33850]]

 
6. Non-emergency 4SRB stationary RICE with a   a. Reduce formaldehyde emissions  Conducting semiannual
 brake HP >=5,000 located at a major source                                       performance tests for
 of HAP.                                                                          formaldehyde to demonstrate
                                                                                  that the required formaldehyde
                                                                                  percent reduction is achieved,
                                                                                  or to demonstrate that the
                                                                                  average reduction of emissions
                                                                                  of THC determined from the
                                                                                  performance test is equal to
                                                                                  or greater than 30 percent.\a\
----------------------------------------------------------------------------------------------------------------
7. New or reconstructed non-emergency          a. Limit the concentration of     i. Conducting semiannual
 stationary RICE >500 HP located at a major     formaldehyde in the stationary    performance tests for
 source of HAP and new or reconstructed non-    RICE exhaust and using            formaldehyde to demonstrate
 emergency 4SLB stationary RICE 250500 HP located at a major     formaldehyde in the stationary    performance tests for
 source of HAP and new or reconstructed non-    RICE exhaust and not using        formaldehyde to demonstrate
 emergency 4SLB stationary RICE 250500 HP located at
 an area source of HAP that operate 24 hours
 or less per calendar year, and existing non-
 emergency 4SLB and 4SRB stationary RICE >500
 HP located at an area source of HAP that are
 remote stationary RICE.
----------------------------------------------------------------------------------------------------------------

[[Page 33851]]

 
10. Existing stationary CI RICE >500 HP that   a. Reduce CO emissions, or limit  i. Conducting performance tests
 are not limited use stationary RICE.           the concentration of CO in the    every 8,760 hours or 3 years,
                                                stationary RICE exhaust, and      whichever comes first, for CO
                                                using 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 Sec.
                                                                                  63.6625(b); and
                                                                                 iii. Reducing these data to 4-
                                                                                  hour rolling averages; and
                                                                                 iv. Maintaining the 4-hour
                                                                                  rolling averages within the
                                                                                  operating limitations for the
                                                                                  catalyst inlet temperature;
                                                                                  and
                                                                                 v. Measuring the pressure drop
                                                                                  across the catalyst once per
                                                                                  month and demonstrating that
                                                                                  the pressure drop across the
                                                                                  catalyst is within the
                                                                                  operating limitation
                                                                                  established during the
                                                                                  performance test.
----------------------------------------------------------------------------------------------------------------
11. Existing stationary CI RICE >500 HP that   a. Reduce CO emissions, or limit  i. Conducting performance tests
 are not limited use stationary RICE.           the concentration of CO in the    every 8,760 hours or 3 years,
                                                stationary RICE exhaust, and      whichever comes first, for CO
                                                not using 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 approved
                                                                                  operating parameter (if any)
                                                                                  data according to Sec.
                                                                                  63.6625(b); and
                                                                                 iii. Reducing these data to 4-
                                                                                  hour rolling averages; and
                                                                                 iv. Maintaining the 4-hour
                                                                                  rolling averages within the
                                                                                  operating limitations for the
                                                                                  operating parameters
                                                                                  established during the
                                                                                  performance test.
----------------------------------------------------------------------------------------------------------------
12. Existing limited use CI stationary RICE    a. Reduce CO emissions or limit   i. Conducting performance tests
 >500 HP.                                       the concentration of CO in the    every 8,760 hours or 5 years,
                                                stationary RICE exhaust, and      whichever comes first, for CO
                                                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 Sec.
                                                                                  63.6625(b); and
                                                                                 iii. Reducing these data to 4-
                                                                                  hour rolling averages; and
                                                                                 iv. Maintaining the 4-hour
                                                                                  rolling averages within the
                                                                                  operating limitations for the
                                                                                  catalyst inlet temperature;
                                                                                  and
                                                                                 v. Measuring the pressure drop
                                                                                  across the catalyst once per
                                                                                  month and demonstrating that
                                                                                  the pressure drop across the
                                                                                  catalyst is within the
                                                                                  operating limitation
                                                                                  established during the
                                                                                  performance test.
----------------------------------------------------------------------------------------------------------------
13. Existing limited use CI stationary RICE    a. Reduce CO emissions or limit   i. Conducting performance tests
 >500 HP.                                       the concentration of CO in the    every 8,760 hours or 5 years,
                                                stationary RICE exhaust, and      whichever comes first, for CO
                                                not 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

[[Page 33852]]

 
                                                                                 ii. Collecting the approved
                                                                                  operating parameter (if any)
                                                                                  data according to Sec.
                                                                                  63.6625(b); and
                                                                                 iii. Reducing these data to 4-
                                                                                  hour rolling averages; and
                                                                                 iv. Maintaining the 4-hour
                                                                                  rolling averages within the
                                                                                  operating limitations for the
                                                                                  operating parameters
                                                                                  established during the
                                                                                  performance test.
----------------------------------------------------------------------------------------------------------------
14. Existing non-emergency 4SLB stationary     a. Install an oxidation catalyst  i. Conducting annual compliance
 RICE >500 HP located at an area source of                                        demonstrations as specified in
 HAP that are not remote stationary RICE and                                      Sec.   63.6640(c) to show that
 that are operated more than 24 hours per                                         the average reduction of
 calendar year.                                                                   emissions of CO is 93 percent
                                                                                  or more, or the average CO
                                                                                  concentration is less than or
                                                                                  equal to 47 ppmvd at 15
                                                                                  percent O2; and either
                                                                                 ii. Collecting the catalyst
                                                                                  inlet temperature data
                                                                                  according to Sec.
                                                                                  63.6625(b), reducing these
                                                                                  data to 4-hour rolling
                                                                                  averages; and maintaining the
                                                                                  4-hour rolling averages within
                                                                                  the operating limitations for
                                                                                  the catalyst inlet
                                                                                  temperature; or
                                                                                 iii. Immediately shutting down
                                                                                  the engine if the catalyst
                                                                                  inlet temperature exceeds 1350
                                                                                  [deg]F.
----------------------------------------------------------------------------------------------------------------
15. Existing non-emergency 4SRB stationary     a. Install NSCR.................  i. Conducting annual compliance
 RICE >500 HP located at an area source of                                        demonstrations as specified in
 HAP that are not remote stationary RICE and                                      Sec.   63.6640(c) to show that
 that are operated more than 24 hours per                                         the average reduction of
 calendar year.                                                                   emissions of CO is 75 percent
                                                                                  or more, or the average
                                                                                  reduction of emissions of THC
                                                                                  is 30 percent or more; and
                                                                                  either
                                                                                 ii. Collecting the catalyst
                                                                                  inlet temperature data
                                                                                  according to Sec.
                                                                                  63.6625(b), reducing these
                                                                                  data to 4-hour rolling
                                                                                  averages; and maintaining the
                                                                                  4-hour rolling averages within
                                                                                  the operating limitations for
                                                                                  the catalyst inlet
                                                                                  temperature; or
                                                                                 iii. Immediately shutting down
                                                                                  the engine if the catalyst
                                                                                  inlet temperature exceeds 1250
                                                                                  [deg]F.
----------------------------------------------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests, you may reduce the frequency of subsequent
  performance tests to annually. If the results of any subsequent annual performance test indicate the
  stationary RICE is not in compliance with the CO or formaldehyde emission limitation, or you deviate from any
  of your operating limitations, you must resume semiannual performance tests.

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

[[Page 33853]]

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

    31. 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.

[[Page 33854]]

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
Oxygen (O2)...................         7782-44-7   limit should be 2
                                                   percent of the
                                                   nominal range or 1
                                                   ppm, whichever is
                                                   less restrictive.
------------------------------------------------------------------------

1.2 Applicability. When is this protocol acceptable?

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

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

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

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

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

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

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

2.0 Summary of Protocol

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

3.0 Definitions

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

4.0 Interferences

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

[[Page 33855]]

6.2 Measurement System Components

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

7.0 Reagents and Standards. What calibration gases are needed?

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

8.0 Sample Collection and Analysis

8.1 Selection of Sampling Sites

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

9.0 Quality Control (Reserved)

10.0 Calibration and Standardization

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

[[Page 33856]]

Introduce all gases to flow through the entire sample handling 
system (i.e., at the exit end of the sampling probe or the 
calibration assembly).
    10.1.4 Up-Scale Calibration Error. The mean of the difference of 
the ``measurement data phase'' readings from the reported standard 
gas value must be less than or equal to  5 percent or 
 1 ppm for CO or  0.5 percent O2, 
whichever is less restrictive, respectively. The maximum allowable 
deviation from the mean measured value of any single ``measurement 
data phase'' reading must be less than or equal to  2 
percent or  1 ppm for CO or  0.5 percent 
O2, whichever is less restrictive, respectively.
    10.2 Post-Sampling Calibration Check. Conduct a stack gas post-
sampling calibration check after the stack gas sampling run or set 
of runs and within 12 hours of the initial calibration. Conduct up-
scale and zero calibration checks using the protocol in Section 
10.1. Make no changes to the sampling system or EC cell calibration 
until all post-sampling calibration checks have been recorded. If 
either the zero or up-scale calibration error exceeds the respective 
specification in Sections 10.1.2 and 10.1.4 then all measurement 
data collected since the previous successful calibrations are 
invalid and re-calibration and re-sampling are required. If the 
sampling system is disassembled or the EC cell calibration is 
adjusted, repeat the calibration check before conducting the next 
analyzer sampling run.

11.0 Analytical Procedure

    The analytical procedure is fully discussed in Section 8.

12.0 Calculations and Data Analysis

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

13.0 Protocol Performance

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

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

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

14.0 Pollution Prevention (Reserved)

15.0 Waste Management (Reserved)

16.0 Alternative Procedures (Reserved)

17.0 References

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