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[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Proposed Rules]
[Pages 75937-75941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30627]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0708, FRL-9235-7]
RIN 2060-AP36

National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of reconsideration of final rule; request for public 
comment; notice of public meeting.

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SUMMARY: On March 3, 2010, EPA published final national emission 
standards for hazardous air pollutants for existing compression 
ignition stationary reciprocating internal combustion engines. 
Subsequently, the Administrator received two petitions for 
reconsideration concerning one particular issue arising from the final 
rule. EPA is announcing our reconsideration of and requesting public 
comment on that one issue. Specifically, while EPA is not proposing at 
this time any specific changes to our regulations, EPA is requesting 
comment on our decision to amend the limitations on operation of 
emergency stationary engines to allow emergency engines to operate for 
up to 15 hours per year as part of an emergency demand response 
program. EPA plans to issue a final decision on this issue as 
expeditiously as possible. EPA is seeking comment only on this issue. 
EPA will not respond to any comments addressing any other issue or any 
other provisions of the final rule or any other rule.

DATES: Comments. Comments must be received on or before February 7, 
2011, or 30 days after date of public meeting if later.
    Public Meeting. If anyone contacts us requesting to speak at a 
public meeting by December 27, 2010, a public meeting will be held on 
January 6, 2011. 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:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: 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. 
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. 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 http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The

[[Page 75938]]

http://www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Public Meeting: If a public meeting is held, it will be held at 
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 http://www.regulations.gov index. EPA also relies on documents in Docket ID 
Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, and EPA-HQ-OAR-2005-
0030, and incorporated those dockets into the record for this action. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at the 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. What is the source of authority for the reconsideration 
action?
    B. What entities are potentially affected by the reconsideration 
action?
    C. What should I consider as I prepare my comments for EPA?
II. Background
III. Discussion of the Issue
IV. Solicitation of Public Comment and Participation
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. What is the source of authority for the reconsideration action?

    The statutory authority for this action is provided by sections 112 
and 307(d)(7)(B) of the Clean Air Act (CAA) as amended (42 U.S.C. 7412 
and 7607(d)(7)(B)). This action is also subject to section 307(d) of 
the CAA (42 U.S.C. 7607(d)).

B. What entities are potentially affected by the reconsideration 
action?

    Categories and entities potentially regulated by this action 
include:

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

This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your engine is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.6585. 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 EPA?

1. Submitting CBI
    Do not submit this information to EPA through http://www.regulations.gov or e-mail. 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 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 Docket ID No. EPA-HQ-OAR-2008-0708.

[[Page 75939]]

2. Tips for Preparing Your Comments
    When submitting comments, remember to:
    (a) Identify the action by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    (b) Follow directions. EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations 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 action 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 action will be posted on the WWW through the 
Technology Transfer Network Website (TTN Web). Following signature, EPA 
will post a copy of this action on the TTN's policy and guidance page 
at http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.

II. Background

    On March 3, 2010, EPA promulgated national emission standards for 
hazardous air pollutants (NESHAP) for existing stationary compression 
ignition (CI) reciprocating internal combustion engines (RICE) (75 FR 
9648). The final NESHAP for stationary RICE were promulgated under 40 
CFR part 63, subpart ZZZZ, which already contained standards applicable 
to new stationary RICE and some existing stationary RICE. The final CI 
RICE NESHAP is available at http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ab3523.
    Following promulgation of the March 3, 2010, final rule, the EPA 
Administrator received a petition for reconsideration, dated April 30, 
2010, from the Delaware Department of Natural Resources and 
Environmental Control (DE DNREC) pursuant to section 307(d)(7)(B) of 
the CAA. The EPA Administrator also received a petition for 
reconsideration, dated May 27, 2010, from CPower Inc., EnergyConnect 
Inc., EnerNOC Inc., and Innoventive Power LLC (EnerNOC, et al.) 
pursuant to section 307(d)(7)(B) of the CAA. On August 2, 2010, EPA 
issued a letter to the counsels for the DE DNREC and EnerNOC, et al. 
granting the petitions for reconsideration and indicating that the 
Agency would issue a Federal Register notice regarding the 
reconsideration process. This action requests comment on issues raised 
in the petitions for reconsideration.
    In addition to the petitions for reconsideration, one petition for 
judicial review of the March 3, 2010, final NESHAP for existing 
stationary CI RICE was filed with the U.S. Court of Appeals for the 
District of Columbia Circuit by EnerNOC, et al. (Doc. No. 10-1090, D.C. 
Cir). On June 3, 2010, EPA filed an unopposed motion to hold the case 
in abeyance while the Agency considers the pending administrative 
petitions for reconsideration. On June 4, 2010, the Court granted EPA's 
motion and ordered the case held in abeyance pending further order from 
the Court. The petitions for reconsideration are available for review 
at http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480af3dd6 and http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480afedbd.

III. Discussion of the Issue

    On March 5, 2009, EPA proposed NESHAP for several categories of 
existing stationary RICE (74 FR 9698). That proposed rule made 
revisions to 40 CFR part 63, subpart ZZZZ. The pre-existing subpart 
ZZZZ stated that emergency stationary RICE did not include engines that 
supply power to an electric grid or otherwise provide power as part of 
a financial arrangement with another entity. The proposed rule did not 
change the definition, but specified certain use requirements for 
existing emergency stationary RICE.
    EPA received comments on the proposed rule recommending that 
emergency stationary RICE be allowed to participate in emergency demand 
response programs to ensure stability of the electric grid. Based on 
the comments, EPA determined that it would be appropriate to allow 
emergency engines to operate as part of emergency demand response 
programs for a limited number of hours of operation per year in 
situations where grid failure and a blackout are imminent. EPA included 
a provision in the March 3, 2010, final rule specifying that emergency 
engines could be operated for a maximum of 15 hours per year as part of 
a demand response program if the regional transmission organization or 
equivalent balancing authority and transmission operator has determined 
there are emergency conditions that could lead to a potential 
electrical blackout, such as unusually low frequency, equipment 
overload, capacity or energy deficiency, or unacceptable voltage level.
    Following promulgation of the final rule, EPA received two 
petitions for reconsideration regarding the allowance for operation of 
emergency engines in emergency demand response programs. The petition 
from DE DNREC requested that EPA reconsider the decision to allow 15 
hours of emergency demand response operation for emergency engines 
because of the adverse impacts of the increased emissions from these 
engines. According to the DE DNREC, the emergency demand response 
operation would likely occur on high ozone days, and would undercut the 
progress Delaware has made in reducing emissions of hazardous air 
pollutants, nitrogen oxides, volatile organic compounds, and ozone. The 
DE DNREC also stated that there was insufficient notice that EPA would 
amend the provisions for stationary emergency engines.
    The petition from EnerNOC, et al. requested that EPA revise the 
allowance for emergency demand response operation in the final rule to 
allow the engines to be operated for a maximum of 60 hours per year or 
the minimum hours required by the Independent System Operator (ISO) 
tariff, whichever is less. In the opinion of EnerNOC, et al., the final 
rule may prevent emergency engines from participating in emergency 
demand response programs since the engines may not be able to meet ISO 
tariff requirements that specify minimum hours of availability to 
participate. According to the petition from EnerNOC, et al., emergency 
engines have historically been called to operate for emergency demand 
response on a very limited basis. The EnerNOC, et al. petition provided 
a summary of the historical usage of engines in emergency demand 
response programs. The petitioners were of the opinion that emergency 
demand response programs provide a benefit to the environment by 
preventing rotating or wholesale blackouts, which would result in the 
operation of all emergency engines in the affected area.

[[Page 75940]]

IV. Solicitation of Public Comment and Participation

    EPA seeks full public participation in arriving at its final 
decisions. At this time EPA is not proposing any specific revisions to 
our regulations allowing 15 hours for emergency stationary RICE in 
emergency demand response programs in the final NESHAP for stationary 
RICE. However, EPA requests public comment on the regulations 
delineating the allowance to assess whether those regulations should be 
revised. EPA requests comment on whether or not engines should be 
allowed to participate in emergency demand response programs, while 
keeping their status as emergency engines under the regulations, and if 
they are allowed to participate, what, if any, limitations should be 
placed on the operation of emergency engines in emergency demand 
response programs. EPA specifically requests comment on whether 
emergency engines in emergency demand response programs should be 
limited to use during periods in which the regional transmission 
organization or equivalent balancing authority and transmission 
operator directs the implementation of operating procedures for voltage 
reductions of 5 percent of normal operating voltage requiring more than 
10 minutes to implement, voluntary load curtailments by customers, or 
automatic or manual load-shedding, in response to, or to prevent the 
occurrence of, unusually low frequency, equipment overload, capacity or 
energy deficiency, unacceptable voltage levels, or other such emergency 
conditions. EPA also requests comment on whether the limitation on use 
should be for periods in which the regional transmission authority or 
equivalent balancing authority 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.
    EPA is also requesting information on whether the operation of 
these engines in emergency demand response programs is needed to ensure 
the stability of the electric grid. EPA is seeking comment on whether 
the costs for meeting the requirements for non-emergency engines would 
prevent these engines from taking part in emergency demand response 
programs.
    In addition, EPA is requesting information on the environmental 
impact of the operation of these engines. EPA is interested in 
information on the typical frequency and duration of the operation of 
these engines in emergency demand response programs and whether their 
operation tends to occur on high ozone days.
    EPA recently published a notice of proposed rulemaking to revise 
portions of the New Source Performance Standards for Stationary 
Compression Ignition and Stationary Spark Ignition Internal Combustion 
Engines. 75 FR 32612 (June 8, 2010). In that action, EPA proposed 
revising the definition and use restrictions on emergency stationary 
internal combustion engines in 40 CFR part 60, subparts IIII and JJJJ, 
to correspond to the definition of emergency RICE and the restrictions 
on emergency RICE finalized in the March 3, 2010, final NESHAP for 
existing stationary CI RICE. Therefore, the comments received on this 
issue in both proceedings may be relevant to one another.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
EPA is not proposing any new information collection activities (e.g., 
monitoring, reporting, recordkeeping) as part of this action. With this 
action, EPA is seeking additional comments on one aspect of the final 
NESHAP for existing stationary CI RICE (75 FR 9648, March 3, 2010). The 
Office of Management and Budget (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 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 action on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
seeks comment on one aspect of the final NESHAP for existing stationary 
CI RICE without proposing any changes to the rule, and it does not 
impose any new requirements.

D. Unfunded Mandates Reform Act of 1995

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 or 205 of the UMRA.
    This action 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. This action 
requests comment on one aspect of the final NESHAP for existing 
stationary CI RICE without proposing any changes to the rule

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action seeks comment on one 
aspect of the final NESHAP for existing stationary CI RICE without 
proposing any changes to the rule. Thus, Executive Order 13132 does not 
apply to this action.

[[Page 75941]]

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). This action 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.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 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 and not on health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113, Section 12(d), 15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 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 on minority or low-
income populations.
    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action seeks comment on one aspect of the final 
NESHAP for existing stationary CI RICE without proposing any changes to 
the rule.

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
Hazardous substances, Intergovernmental relations.

    Dated: November 30, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-30627 Filed 12-6-10; 8:45 am]
BILLING CODE 6560-50-P
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