[Federal Register Volume 68, Number 101 (Tuesday, May 27, 2003)]
[Rules and Regulations]
[Pages 28774-28804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5521]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0040, FRL-7461-4]
RIN 2060-A174


National Emission Standards for Hazardous Air Pollutants: Engine 
Test Cells/Stands

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for engine test cells/stands. We have 
identified engine test cells/stands as major sources of hazardous air 
pollutants (HAP) such as toluene, benzene, mixed xylenes, and 1,3-
butadiene. The final NESHAP will implement section 112(d) of the Clean 
Air Act (CAA), which requires all major sources of HAP to meet emission 
standards reflecting the application of the maximum achievable control 
technology (MACT). The final NESHAP will protect public health by 
reducing exposure to air pollution.

[[Page 28775]]


EFFECTIVE DATE: The final rule is effective May 27, 2003. The 
incorporation by reference of certain publications listed in today's 
final rule is approved by the Director of the Office of the Federal 
Register as of May 27, 2003.

ADDRESSES: Docket No. OAR-2002-0040 contains supporting documentation 
used in developing the final rule. The docket is located at the Air and 
Radiation Docket and Information Center in the EPA Docket Center, (EPA/
DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC 
and may be inspected from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pag[aacute]n, Combustion 
Group, Emission Standards Division (C439-01), U.S. EPA, Research 
Triangle Park, NC 27711; telephone number (919) 541-5340; facsimile 
number (919) 541-0942; electronic mail (e-mail) address 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Regulated Entities. Subcategories and entities potentially 
regulated by this action include those listed in Table 1 of this 
preamble. In general, engine test cells/stands are covered under the 
Standard Industrial Classification (SIC) and North American Industrial 
Classification System (NAICS) codes listed in Table 1 of this preamble. 
However, cells/stands classified under other SIC or NAICS codes may be 
subject to the final standards if they meet the applicability criteria. 
Not all cells/stands classified under the SIC and NAICS codes in Table 
1 of this preamble will be subject to the final standards because some 
of the classifications cover products outside the scope of the final 
NESHAP for engine test cells/stands.

 Table 1.--Subcategories Potentially Regulated by the NESHAP for Engine
                            Test Cells/Stands
------------------------------------------------------------------------
 Test cells/stands used for
           testing                  SIC codes            NAICS codes
------------------------------------------------------------------------
Internal Combustion Engines   3531, 3519, 3523,     333120, 333618,
 with rated power of 25        3559, 3599, 3621,     333111, 333319,
 horsepower (hp) (19           3711, 3714, 4226,     335312, 336111,
 kilowatts [kW]) or more.      4512, 5541, 7538,     336120, 336112,
                               7539, 8299, 8711,     336992, 336312,
                               8731, 8734, 8741.     336350, 481111,
                                                     811111, 811118,
                                                     611692, 54171,
                                                     541380.
Internal Combustion Engines   3519, 3621, 3524,     333618, 336399,
 with rated power of less      8734.                 335312, 332212,
 than 25 hp (19 kW).                                 333112, 541380.
Combustion Turbine Engines..  3511, 3566, 3721,     333611, 333612,
                               3724, 4512, 4581,     336411, 336412,
                               7699, 9661.           481111, 488190,
                                                     811310, 811411,
                                                     92711.
Rocket Engines..............  3724, 3761, 3764,     336412, 336414,
                               9661, 9711.           336415, 54171,
                                                     92711, 92811
------------------------------------------------------------------------

    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 test cell/stand is regulated 
by this action, you should examine the applicability criteria in Sec.  
63.9285 of the final 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.
    Electronic Docket (E-Docket). The EPA has established an official 
public docket for this action under Docket ID No. OAR-2002-0040. The 
official public docket is the collection of materials that is available 
for public viewing at the EPA Docket Center (Air Docket), EPA West, 
Room B102, 1301 Constitution Avenue, NW., Washington, DC 20460. The 
Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is (202) 566-1744, and the telephone number for the Air Docket is 
(202) 566-1742. A reasonable fee may be charged for copying docket 
materials.
    Electronic Access. An electronic version of the public docket is 
available through EPA's electronic public docket and comment system, 
EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to 
submit or view public comments, access the index of the contents of the 
official public docket, and access those documents in the public docket 
that are available electronically. Once in the system, select 
``search'' and key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as confidential business information and other 
information whose disclosure is restricted by statute, which are not 
included in the official public docket, will not be available for 
public viewing in EPA's electronic public docket. The EPA's policy is 
that copyrighted material will not be placed in EPA's electronic public 
docket but will be available only in printed, paper form in the 
official public docket. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
this document.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's document also will be available on the 
WWW. Following the Administrator's signature, a copy of this action 
will be posted at http://www.epa.gov/ttn/oarpg on EPA's Technology 
Transfer Network (TTN) policy and guidance page for newly proposed or 
promulgated rules. The TTN provides information and technology exchange 
in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit by July 28, 2003. Under section 307(d)(7)(B) of the CAA, only 
an objection to the final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by the final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce the requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. What is the Source of Authority for Development of NESHAP?
    B. What Criteria Did We Use in the Development of the NESHAP?
II. What Changes and Clarifications Have We Made to the Proposed 
Standards?
    A. Applicability
    B. Affected Source
    C. Compliance Dates
    D. Reconstruction

[[Page 28776]]

    E. New Source MACT
    F. Monitoring Requirements
    G. Cost and Economic Assumptions and Impacts
    H. Startup, Shutdown, and Malfunction (SSM)
    I. Emissions Averaging
    J. Miscellaneous
III. What are the Final Standards?
    A. What is the Source Category?
    B. What is the Affected Source?
    C. What are the Emission Limits?
    D. What are the Initial Compliance Requirements?
    E. What are the Continuous compliance Requirements?
    F. What are the Notification, Recordkeeping, and Reporting 
Requirements?
IV. What are the Environmental, Energy, Cost, and Economic Impacts?
    A. What are the Air Impacts?
    B. What are the Non-air Health, Environmental, and Energy 
Impacts?
    C. What are the Economic Impacts?
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
    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 that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

A. What Is the Source of Authority for Development of NESHAP?

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. Engine test 
facilities were listed as a source category under the fuel combustion 
industry group, and rocket engine test firing was listed as a source 
category under the miscellaneous processes industry group in the 
Federal Register on July 16, 1992 (57 FR 31576). These two source 
categories were combined and renamed engine test cells/stands in the 
Federal Register on May 14, 2002 (67 FR 34547). Major sources of HAP 
are those that have the potential to emit greater than 10 tons per year 
(tpy) of any one HAP or 25 tpy of any combination of HAP.

B. What Criteria Did We Use in the Development of the NESHAP?

    Section 112 of the CAA requires that we establish NESHAP for the 
control of HAP from both new and existing major sources. The CAA 
requires the NESHAP to reflect the maximum degree of reduction in 
emissions of HAP that is achievable. This level of control is commonly 
referred to as the MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that the standard is set at a level that assures that all 
major sources achieve the level of control at least as stringent as 
that already achieved by the better controlled and lower emitting 
sources in each source category or subcategory. For new sources, the 
MACT standards cannot be less stringent than the emission control that 
is achieved in practice by the best controlled similar source. The MACT 
standards for existing sources can be less stringent than standards for 
new sources, but they cannot be less stringent than the average 
emission limitation achieved by the best performing 12 percent of 
existing sources in the category or subcategory (or the best performing 
5 sources for categories or subcategories with fewer than 30 sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on the consideration of cost of achieving the 
emissions reductions, any non-air quality health and environmental 
impacts, and energy requirements.

II. What Changes and Clarifications Have We Made to the Proposed 
Standards?

    In response to the public comments received on the proposed 
standards, we made several changes in developing the final rule. Some 
of the comments and our responses and rule changes are summarized in 
the following sections. The complete summary of comments and responses 
can be found in the Response to Comments document, which is available 
from several sources (see SUPPLEMENTARY INFORMATION section).

A. Applicability

    The final rule applies to an owner or operator of engine test 
cells/stands located at major sources of HAP emissions. An engine test 
cell/stand is any apparatus used for testing uninstalled stationary or 
uninstalled mobile (motive) engines. Because the proposed rule did not 
include a definition of uninstalled engine, many commenters requested 
clarification of uninstalled engine versus installed engine testing in 
regards to determining applicability of the final rule.
    The final rule clarifies this applicability issue. The final rule 
regulates the testing of engines, not the testing of any final product 
(e.g., automobile, boat, power generator, etc.). If the engine being 
tested in a test cell/stand is not installed in, or an integrated part 
of, the final product, then the test cell/stand is considered part of 
the affected source.
    This new clarification for uninstalled also clarifies the 
applicability of testing outboard motors. One of the comments 
specifically stated that outboard motors operated while detached from a 
boat should not be considered uninstalled, since ``the engine remains 
coupled to lower unit gear drive and propeller without modification to 
its vessel-installed configuration.''
    In the final rule, outboard motors are considered installed when 
the engine is coupled with the gear drive and propeller. Therefore, a 
facility with engine testing involving outboard motors, in their 
vessel-installed configuration, is not an affected source.
    Another comment stated that large diesel engines used in 
locomotives must drive a load in order to be accurately tested. The 
facility captures the work produced by the engine by driving a 
generator to provide the load and utilizes the electric power. The 
commenter wanted to assure that this type of engine testing situation 
also would not fall into a source category pertaining to power 
production. We agree with the comment and clarify that the only 
applicable source category for engine test cells/stands that utilize 
incidentally produced power is the Engine Test Cells/Stands NESHAP.
    Two other comments prompted specific applicability exclusions. One 
comment from the petroleum refinery industry stated that the engine 
test cells/stands NESHAP should not apply to petroleum refinery 
industry sources using knock engine testing. Because knock engines and 
other devices used for testing fuels and lubricants at refineries do 
not test the engine per se but instead test the fuels and lubricants 
for product quality and development purposes, these engines are not 
covered. The final rule specifically excludes test cells that are 
operated to test or evaluate fuels (such as knock engines), 
transmissions, electronics, etc.
    Another comment involved universities with aviation programs using 
engine test stands for education purposes. The final rule specifically 
excludes research and teaching activities at major source facilities 
that are not engaged in the development of

[[Page 28777]]

engines or engine test services for commercial purposes.

B. Affected Source

    There were several comments requesting that the definition of 
affected source be revised to include all engine test cells/stands 
located at a major source. One commenter added that test cells/stands 
are typically grouped within a common building, often sharing common 
manifolds.
    The proposed rule defined the affected source as any existing, new, 
or reconstructed engine test cell/stand used for testing uninstalled 
stationary or uninstalled mobile (motive) engines that is located at a 
major source of HAP emissions.
    The final rule includes a revised definition of affected source in 
accordance with the rationale in the amended General Provisions (67 FR 
16582): ``A broader definition of affected source permits emission 
requirements to apply to a larger group of processes, activities and 
equipment, and may thereby facilitate more innovative and economically 
efficient control strategies.'' (67 FR 16588). The final rule defines 
an affected source as the collection of all equipment and activities 
associated with engine test cells/stands used for testing uninstalled 
stationary or uninstalled mobile (motive) engines located at a major 
source of HAP emissions.

C. Compliance Dates

    Three commenters noted a discrepancy between the language in the 
proposed preamble and the proposed rule concerning the compliance date.
    An inadvertent error in the proposal preamble language was made. 
The proposal regulatory text was correct. The final rule clarifies the 
compliance date for existing sources as 3 years after the effective 
(promulgation) date, and the compliance date for new sources as the 
effective date or upon startup, whichever is later.

D. Reconstruction

    One commenter specifically stated that movement or relocation of 
portable test stands within a facility should not be considered 
reconstruction. We do not consider movement or relocation of portable 
test stands (or related equipment) within a facility to be 
reconstruction. The revised definition of affected source in the final 
rule also addresses this issue.
    Three commenters had ideas for specific activities to exclude from 
a reconstruction determination. Two commenters recommended that EPA 
include a modified definition of reconstruction in the final rule that 
would add to the General Provisions definition in 40 CFR 63.2 an 
exclusion for the cost of replacement or modification of components 
required to demonstrate compliance with EPA's emission regulations 
contained in 40 CFR parts 89, 90, and 91. The commenter stated that 
manufacturers may be forced by regulation to invest in new equipment 
for test cells and fall under the definition of reconstruction in order 
to comply with new EPA engine requirements, even though such 
improvements will not change the capacity or emissions from the cell. A 
specific definition of reconstruction needs to be applied to engine 
test cells that only counts costs incurred to increase capacity or if 
the modification results in increased HAP emissions. The commenter 
further stated that EPA has previously recognized this problem and 
adopted a reasonable approach in the final Large Municipal Waste 
Combustor rule (40 CFR 60.50a(f) and 60.50b(d)), and that the same 
reasoning could be applied to engine test cells. Another commenter 
specifically recommended that EPA exclude passive measurement and 
control instrumentation and electronics from inclusion in a 
reconstruction evaluation.
    According to the recently amended General Provisions, the 
definition of affected source states, ``Reconstruction, unless 
otherwise defined in a relevant standard, means the replacement of 
components of an affected or previously nonaffected source to such an 
extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the relevant standard(s) established by 
the Administrator (or a State) pursuant to section 112 of the CAA. Upon 
reconstruction, an affected source, or a stationary source that becomes 
an affected source, is subject to relevant standards for new sources, 
including compliance dates, irrespective of any change in emissions of 
HAP from that source.''
    Because of the diversity of engine test cells/stands and test 
requirements used by the various types of engine manufacturers and 
industry sectors, it is difficult to define what types of test 
equipment and support equipment comprise a new affected source (e.g. 
actual engine test cell/stand) or reconstructed affected source. We 
cannot limit or define reconstruction to include only those changes 
that will increase capacity or HAP emissions associated with the engine 
test cell/stand because there is no way of knowing how the engine test 
cell/stand will be used in the future. However, we do not consider 
equipment reconfiguration to be reconstruction.
    The regulations for Large Municipal Waste Combustors in 40 CFR 
60.50a(f) and 60.50b(d) establish that physical or operational changes 
made to an existing unit primarily for the purpose of complying with 
emission guidelines under subpart Cb are not considered a modification 
or reconstruction. We recognize the precedent set by these provisions 
with respect to the exclusion of costs for required regulatory 
modifications to comply with other EPA regulations. We have reviewed 
the regulatory language in these regulations and conclude that it is 
appropriate to provide a similar level of flexibility to engine test 
cells/stands. In response to these comments, the final rule includes 
new language clarifying that changes made to an existing affected 
source primarily for the purpose of complying with revisions to engine 
testing requirements under 40 CFR parts 80, 86, 89, 90, 91, or 92 are 
not considered a modification or reconstruction. We agree with the 
commenter that it is appropriate to exclude existing engine test cells 
that are modified to meet revisions under Title 40 provisions. We 
believe that it is unnecessary to require these existing test cells to 
install emission control devices when modifications are due to changes 
to the federal mobile source regulations and since those improvements 
will not increase the capacity or the emissions from the test cell/
stand. Therefore, those affected sources modified to meet revisions to 
requirements in those parts and subparts will not be subject to new 
source MACT.
    The final rule also includes language that excludes passive 
measurement and control instrumentation and electronics from the 
reconstruction evaluation.

E. New Source MACT

    Several commenters stated the proposed new source emissions limits 
(99.9 percent carbon monoxide (CO) emission reduction or 5 parts per 
million by volume CO outlet concentration) were too stringent or not 
attainable. The commenters further stated that the limits should 
reflect real world applications.
    In the proposed rule, EPA used the best information available at 
the time to determine MACT for both new and existing sources. The EPA 
reviewed the additional test data submitted during

[[Page 28778]]

the comment period, as well as the various comments describing test 
conditions that are significantly different from those used in 
previously submitted test reports. The EPA also evaluated other rules 
requiring similar combustion control equipment. The Paper and Other Web 
Coating NESHAP, subpart JJJJ, has an option of meeting overall 
emissions reductions of 98 percent. This destruction efficiency 
achieved through thermal oxidation was generally accepted as the 
``level of control achievable on a continuous basis under all normal 
operating conditions applicable to new sources.'' Therefore, for that 
particular source category (which involves coatings and cleaning 
solvents), EPA determined that thermal oxidation was the best control 
technology and justified setting the emission limits for thermal 
oxidizers at 98 percent control efficiency or, alternatively, achieving 
an outlet concentration of 20 parts per million or less.
    With this control technology limit in mind, EPA compared the two 
source categories for similarities and/or differences that could lead 
to a comparable level of destruction efficiency for engine test cells/
stands. Coating operations covered by the Paper and Other Web Coating 
NESHAP contain large concentrations of solvents that are easily removed 
through thermal oxidation. Engine testing by-products, on the other 
hand, are the result (by-products) of an incomplete combustion process, 
and HAP are typically emitted in significantly lower concentrations 
than surface coating and solvent cleaning emissions. As noted by the 
commenters, there are a variety of fuels and test conditions used at 
different sources for several types of engine tests. (A summary of the 
submitted test reports and emissions data is included in the docket.) 
In reviewing the test data submitted by the commenters, we found that 
even though some of the test reports showed very high destruction 
efficiencies for thermal oxidizers, the best controlled facilities were 
only being required to meet 95 percent or 96 percent control volatile 
organic compounds (VOC), based on their operating permit requirements. 
These levels of control take into consideration differences in 
operating conditions for engine test cells/stands. After reviewing the 
comments and information submitted, we conclude that a maximum control 
level of 96 percent is appropriate once we consider the differences in 
HAP emission levels from engines tested, the testing conditions, and 
also the need to account for measurement uncertainties. We also 
conclude that increased compliance flexibility will result from the use 
of total hydrocarbons (THC) (in addition to CO) for demonstrating 
compliance. Therefore, the new source emission limits have been changed 
in the final rule to 96 percent reduction for CO or THC based on the 
updated test data, additional test reports, and estimates reflecting 
the most prevalent engine test setups and conditions across all engine 
testing sectors involving engines greater than or equal to 25 
horsepower (hp).

F. Monitoring Requirements

    Several commenters requested that the continuous emissions 
monitoring systems (CEMS) requirements be eliminated or changed to 
parametric monitoring. The commenters stated that CEMS are too 
expensive and do not provide any meaningful environmental benefit to 
justify the capital costs to install them on engine test stands. They 
also pointed out that in other permitting decisions and guidance 
documents, EPA has determined that initial stack tests followed by 
monitoring of operating temperature is a proven and cost-effective way 
of monitoring oxidizer performance.
    The EPA reviewed the monitoring requirements in the proposal and 
compared them with other similar emission sources. The HAP emitted by 
engine test cells are the result of byproducts of incomplete 
combustion. Thermal destruction of these HAP occurs at temperatures 
between 590 [deg]C and 650 [deg]C (1,100 [deg]F and 1,200 [deg]F), thus 
making temperature an appropriate parameter to monitor the destruction 
of HAP. In the case of monitoring a regenerative thermal oxidizer 
(RTO), the temperature is monitored during the initial performance 
test. After the RTO meets the performance test requirements and 
demonstrates compliance with the applicable emission limit, the 
operating temperature is continuously monitored to verify the 
performance of the RTO. As a result, we have concluded that parametric 
monitoring is adequate for ensuring compliance with the emission limit. 
Thus, we have changed the monitoring requirements in the final rule to 
allow parameter (temperature) monitoring for thermal oxidizers. Since 
some facilities may already have existing continuous monitoring 
equipment in place, CEMS are still included in the final rule as a 
monitoring option.

G. Cost and Economic Assumptions and Impacts

    As a result of the changes to address public comments, the final 
rule includes a new estimation of cost impacts. The final rule 
estimates there will be 18 affected source facilities at a cost of $3.2 
million and a HAP reduction of 65.5 tpy.

H. Startup, Shutdown, and Malfunction (SSM)

    The proposed rule specifically required affected sources to comply 
with the applicable emission limitation at all times, including SSM of 
the engine test cells/stands. Many commenters disagreed with these 
provisions. One commenter requested an exclusion for the startup period 
during which a catalytic oxidizer comes up to operating temperature. 
The commenter also provided examples of issues involving oxidizer 
malfunctions: (1) Engines cannot be shut off instantaneously, and 
excess emissions can occur in the time that it takes to complete an 
orderly and safe shutdown; and (2) there are certain tests that must be 
redone at large cost if they are interrupted. An example piston scuff 
test was described by the commenter as taking about 90 minutes, and if 
the engine is shutdown, the engine must be rebuilt and the test rerun. 
In the case of an oxidizer malfunction when such a test is in progress, 
the commenter requested that the operator be able to complete the test 
without risk of enforcement action.
    The majority of emissions from engine testing occur during the 
times that would be covered by SSM provisions. Therefore, to ensure 
that those emissions are controlled, the SSM provisions were excluded 
from the proposed rule. Because the SSM provisions apply to the process 
as well as the control equipment, the impact of the engine test NESHAP 
to minimize HAP emissions would be significantly reduced by adopting 
the SSM provisions.
    Based on the comments, the final rule includes SSM provisions for 
any control equipment and monitoring equipment related to new or 
reconstructed affected source emissions. The new language references 
the General Provisions for SSM procedures related to control equipment. 
The time required for a catalytic oxidizer to come up to operating 
temperature is not covered by the SSM provisions because engine testing 
should not be conducted before the minimum operating temperature 
(determined during the initial performance test) is achieved.

I. Emissions Averaging

    We asked for comments on including some type of averaging 
provisions, and several commenters recommended that

[[Page 28779]]

averaging provisions be included in the final rule. We looked at 
existing rules that include averaging provisions such as the Petroleum 
Refineries NESHAP (subpart CC), the Aluminum Reduction Plants NESHAP 
(subpart LL), and the Group IV Polymers and Resins NESHAP (subpart JJJ) 
and found that these rules allow averaging only between emission 
sources covered under each specific rule. In reviewing the comments and 
considering different averaging options, there were several issues that 
had to be taken into account. First, in all previous regulations that 
implemented an averaging scheme, only processes within the same source 
category were considered and accounted for in the averaging scheme. In 
other words, the concept of emissions averaging has always been 
considered and implemented within a given source category, and not 
across source categories. Second, only existing sources have been 
allowed to take part in this type of flexibility option. This decision 
not to allow new sources to average their emissions is consistent with 
the direction outlined in the statute where new sources are expected to 
reduce their emissions to a level equivalent to that of the best 
controlled similar source. Many facilities that operate engine test 
cells/stands also conduct other processes that emit HAP. However, these 
other processes, such as coating and cleaning, are not part of the 
engine test cells/stands source category and are already regulated 
under other NESHAP.
    For these reasons, we concluded that averaging emissions is not an 
appropriate option for this source category. Therefore, the final rule 
includes no averaging provisions.

J. Miscellaneous

    Some commenters recommended that the term engine test cell/stand be 
defined to clarify that a rotary test firing operation that holds 
numerous engines is considered a single engine test cell/stand. Changes 
to the definition of affected source in the final rule provides for the 
collection of all equipment and activities associated with engine test 
cells/stands, which would relieve the necessity for specific language 
regarding carousel testing setups.
    It was also noted that the proposed regulation wording regarding 
the initial notification requirement for new or reconstructed engine 
test cells/stands used for testing internal combustion (IC) engines 
with a rated power of less than 25 hp (19 kilowatts (kW)) was unclear 
and confusing. Additional language was added to those sections of the 
final rule dealing with initial notifications to clarify those 
requirements. Any new or reconstructed source testing IC engines with a 
rated power less than 25 hp must submit an initial notification, but do 
not have to comply with any of the other final rule requirements.

III. What Are the Final Standards?

A. What Is the Source Category?

    The final rule covers four subcategories of engine test cells/
stands located at major source facilities: (1) Engine test cells/stands 
used for testing internal combustion engines with rated power of 25 hp 
(19 kW) or more, (2) engine test cells/stands used for testing internal 
combustion engines with rated power of less than 25 hp, (3) engine test 
cells/stands used for testing combustion turbine engines, and (4) 
engine test cells/stands used for testing rocket engines. The rated 
power criteria for distinguishing between the two internal combustion 
engine subcategories is based on the largest engine (in terms of rated 
power) that is tested in the engine test cell/stand.

B. What Is the Affected Source?

    The final rule applies to each affected source, which is defined as 
the collection of all equipment and activities associated with engine 
test cells/stands used for testing uninstalled stationary or 
uninstalled mobile (motive) engines located at a major source of HAP 
emissions. An uninstalled engine is defined as an engine being tested 
in a test cell/stand that is not installed in, or an integrated part 
of, the final product. A major source of HAP emissions is a plant site 
that emits or has the potential to emit any single HAP at a rate of 10 
tons (9.07 megagrams) or more per year or any combination of HAP at a 
rate of 25 tons (22.68 megagrams) or more per year.
    Each new or reconstructed affected source used for testing internal 
combustion engines with a rated power of 25 hp (19 kW) or more that is 
located at a major source of HAP emissions must comply with the 
requirements in the final rule. New or reconstructed affected sources 
used for testing internal combustion engines with a rated power of less 
than 25 hp (19 kW) are not required to comply with the emission 
limitations in the final rule, but are required to submit an Initial 
Notification upon startup of the test cells/stands.
    New or reconstructed affected sources used for testing combustion 
turbine engines or new or reconstructed test cells/stands used for 
testing rocket engines are not required to comply with the emission 
limitation or the recordkeeping or reporting requirements in the final 
rule.
    Existing affected sources that are located at major sources of HAP 
emissions are not required to comply with the emission limitations or 
the recordkeeping or reporting requirements in the final rule.
    The final rule also does not apply to engine test cells/stands that 
are located at area sources of HAP emissions. An area source is any 
source that is not a major source of HAP emissions.

C. What Are the Emission Limits?

    As the owner or operator of a new or reconstructed affected source 
used in whole or in part for testing internal combustion engines with 
rated power of 25 hp (19 kW) or more and located at a major source of 
HAP emissions, you must comply with one of the following two emission 
limitations by May 27, 2003 or upon startup if you start up your 
affected source after May 27, 2003: (1) Reduce CO or THC emissions in 
the exhaust from the new or reconstructed affected source to 20 parts 
per million by volume dry basis (ppmvd) or less, at 15 percent oxygen 
(O2) content, or (2) reduce CO or THC emissions in the 
exhaust from the new or reconstructed affected source by 96 percent or 
more. Existing affected sources used in whole or in part for testing 
internal combustion engines with rated power of 25 hp (19 kW) or more 
and located at a major source of HAP emissions are not required to 
comply with the emission limitations.
    Finally, as mentioned earlier, new or reconstructed affected 
sources used for testing internal combustion engines with a rated power 
of less than 25 hp (19 kW), new or reconstructed affected sources used 
for testing combustion turbine engines, and new or reconstructed 
affected sources used for testing rocket engines are not required to 
comply with either emission limitation. In addition, neither existing 
affected sources located at major sources of HAP emissions nor new, 
reconstructed, or existing affected sources located at area sources of 
HAP emissions are required to comply with the emission limitations.

D. What Are the Initial Compliance Requirements?

    The initial compliance requirements are different depending on 
whether you demonstrate compliance with the outlet concentration 
emission limitation or the percent reduction emission limitation. If 
you choose to comply with the outlet concentration emission limitation, 
you must conduct EPA Methods 3A and 10 of appendix A to 40 CFR part 60 
for CO

[[Page 28780]]

measurement or EPA Method 25A of appendix A to 40 CFR part 60 for THC 
measurement. The final rule also provides for an alternate test method 
(ASTM D 6522-00) for testing engines that burn natural gas as fuel. You 
must demonstrate that the outlet concentration of CO or THC emissions 
from the new or reconstructed affected source or emission control 
device is 20 ppmvd or less, corrected to 15 percent O2 
content, using the first 4-hour rolling average after a successful 
performance evaluation.
    If you comply with the percent reduction emission limitation, you 
must conduct an initial performance test to determine the capture and 
control efficiencies of the equipment and to establish operating limits 
to be achieved on a continuous basis. The performance test would have 
to be completed no later than 180 days after the compliance date for 
new or reconstructed affected sources. You must demonstrate that the 
reduction in CO or THC emissions is at least 96 percent using the first 
4-hour rolling average after a successful performance evaluation. Your 
inlet and outlet measurements must be on a dry basis and corrected to 
15 percent O2 content.
    If you use a capture system and add-on control device, you 
determine both the efficiency of the capture system and the emission 
reduction efficiency of the control device. To determine the capture 
efficiency, you either verify the presence of a potential to emit (PTE) 
using EPA Method 204 of 40 CFR part 51, appendix M, or use one of the 
protocols in 40 CFR 63.9320 of the final rule to measure capture 
efficiency. If you have a PTE and all engine testing occurs within the 
enclosure and you route all exhaust gases from the enclosure to a 
control device, then you assume 100 percent capture.
    To determine the emission reduction efficiency of the control 
device, you conduct measurements of the inlet and outlet gas streams. 
The test would consist of three runs, each run lasting at least 1 hour, 
using the following EPA Methods in 40 CFR part 60, appendix A:
    [sbull] Method 1 or 1A for selection of the sampling sites;
    [sbull] Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate;
    [sbull] Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight;
    [sbull] Method 4 to determine stack moisture; and
    [sbull] Method 25 or 25A to determine organic volatile matter 
concentration. Alternatively, any other test method or data that have 
been validated according to the applicable procedures in Method 301 of 
40 CFR part 63, appendix A, and approved by the Administrator could be 
used.

E. What Are the Continuous Compliance Requirements?

    Several general continuous compliance requirements apply to 
affected sources required to comply with the applicable emission 
limitation. You are required to comply with the applicable emission 
limitation at all times, except during SSM of any control equipment and 
associated monitoring equipment related to the new or reconstructed 
affected source emissions. You must operate and maintain your air 
pollution control equipment and monitoring equipment according to good 
air pollution control practices at all times. You must conduct 
monitoring at all times that the new or reconstructed affected source 
is in operation except during periods of malfunction of the monitoring 
equipment or necessary repairs and quality assurance or control 
activities, such as calibration drift checks.
    For each new or reconstructed affected source operation on which 
you use a capture system and control device, the continuous parameter 
monitoring results for each month would affect your compliance 
determination. If the monitoring results indicate no deviations from 
the operating limits and there were no bypasses of the control device, 
you assume the capture system and control device are achieving the same 
percent emission reduction efficiency as during the most recent 
performance test in which compliance was demonstrated. If there are any 
deviations from the operating limits during the month or any bypasses 
of the control device, you account for them in the calculation of the 
monthly emissions by assuming the capture system and control device 
were achieving zero emission reduction during the periods of deviation. 
Then, you determine the overall percent reduction of CO or THC 
emissions.
    If you use an emission capture system and control device, the final 
rule would require you to achieve, on a continuous basis, the operating 
limits you establish during the performance test. If the continuous 
monitoring shows that the capture system and control device is 
operating outside the range of values established during the 
performance test, you have deviated from the established operating 
limits.
    If you operate a capture system and control device that allow 
emissions to bypass the control device, you have to demonstrate that CO 
or THC emissions collected by the capture system are being routed to 
the control device by monitoring for potential bypass of the control 
device. You may choose from the following four monitoring procedures:
    [sbull] Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device;
    [sbull] Car-seal or lock-and-key valve closures to secure the 
bypass line valve in the closed position when the control device is 
operating;
    [sbull] Valve closure monitoring to ensure any bypass line valve or 
damper is closed when the control device is operating; or
    [sbull] Automatic shutdown system to stop the engine test cell/
stand operation when flow is diverted from the control device.
    If the bypass monitoring procedures indicate that emissions are not 
routed to the control device, you have deviated from the emission 
limits.
    To demonstrate continuous compliance with either the percent 
reduction or outlet concentration emission limitation using continuous 
parameter monitoring systems, you must continuously monitor and record 
the appropriate parameter, depending on the control device used. The 
operating parameter must not drop below the level established by the 
performance test in order to maintain the reduction in CO or THC 
emissions at or above 96 percent, or 20 ppmvd or less, corrected to 15 
percent O2 content, based on a rolling 4-hour average, 
averaged every hour.
    To demonstrate continuous compliance with the outlet concentration 
emission limitation using CEMS, you must calibrate and operate your 
CEMS according to the requirements in 40 CFR 63.8. You must 
continuously monitor and record the CO or THC and O2 
concentrations at the outlet of the engine test cell/stand or emission 
control device and calculate the CO or THC emission concentration for 
each hour. Then, the hourly CO or THC emission concentrations for each 
hour of the 4-hour compliance period are averaged together. The outlet 
CO or THC emission concentration must be 20 ppmvd or less, corrected to 
15 percent O2 content, based on the 4-hour rolling average, 
averaged every hour.
    To demonstrate continuous compliance with the percent reduction 
emission limitation using CEMS, you must calibrate and operate your 
CEMS according to the requirements in 40 CFR 63.8. You must 
continuously monitor and record the CO or THC, and O2 
concentration before and after the emission control device and 
calculate the percent reduction in CO or THC emissions hourly. The 
reduction in CO

[[Page 28781]]

or THC emissions must be 96 percent or more, based on the 4-hour 
rolling average, averaged every hour.
    For monitoring approaches using CEMS, you must also follow 
procedure 1 of 40 CFR part 60, appendix F, to verify that the CEMS is 
working properly over time.

F. What Are the Notification, Recordkeeping, and Reporting 
Requirements?

    You must submit all applicable notifications listed in the NESHAP 
General Provisions (40 CFR part 63, subpart A), including an initial 
notification, notification of performance evaluation, and a 
notification of compliance status for each engine test cell/stand 
required to comply with the emission limitations.
    You must submit an initial notification for each single or 
collection of new or reconstructed engine test cells/stands located at 
a major source of HAP emissions used for testing internal combustion 
engines with a rated power of less than 25 hp (19 kW).
    You must record all of the data necessary to determine if you are 
in compliance with the applicable emission limitation. Your records 
must be in a form suitable and readily available for review. You must 
also keep each record for 5 years following the date of each 
occurrence, measurement, maintenance, report, or record. Records must 
remain on site for at least 2 years and then can be maintained off site 
for the remaining 3 years.
    For each affected source, to comply with the applicable emission 
limitation you must submit a compliance report semiannually. This 
report must contain the company name and address, a statement by a 
responsible official that the report is accurate, a statement of 
compliance, or documentation of any deviation from the requirements of 
the final rule during the reporting period.

IV. What Are the Environmental, Energy, Cost, and Economic Impacts?

A. What Are the Air Impacts?

    The final rule will reduce HAP emissions in the 5th year following 
promulgation by an estimated 59.5 megagrams per year (65.5 tpy).

B. What Are the Non-Air Health, Environmental, and Energy Impacts?

    Assuming that new or reconstructed affected sources will be 
controlled by regenerative thermal oxidizers (RTO), secondary air and 
energy impacts would result from fuel combustion needed to operate 
these control devices.
    The RTO require electricity and the combustion of natural gas to 
operate and maintain operating temperatures. By-products of fuel 
combustion required to generate electricity and maintain RTO operating 
temperature include emission of CO, nitrogen oxides (NOX), 
sulfur dioxide (SO2), and particulate matter less than 10 
microns in diameter (PM10). Assuming the electricity 
required for RTO operation is generated at coal-fired plants built 
since 1978 and using AP-42 emissions factors, generation of electricity 
required to operate RTO at an estimated 18 new facilities would result 
in the following increases in these air pollutants: CO, 3.45 tpy; 
NOX, 8.15 tpy; SO2, 4.15 tpy; and 
PM10, 0.45 tpy.
    Energy impacts include the consumption of electricity and natural 
gas needed to operate RTO. The estimated increase in electricity 
consumption from the operation of RTOs is 183,600 kilowatt-hour per 
year. Increased fuel energy consumption resulting from burning natural 
gas would be 1,790,000 million British thermal units per year. No 
significant secondary water or solid waste impacts would result from 
the operation of emission control devices.
    There would also be a very small increase in fuel consumption 
expected resulting from back pressure caused by the emission control 
system.

C. What Are the Economic Impacts?

    Based on the cost of compliance data provided above, the final rule 
is not expected to affect any of the existing sources in the industries 
that use engine test cells/stands, or test rocket engines. We estimate 
that 18 facilities will construct a total of 72 new engine test cells/
stands at large engine research and development or production 
facilities in the next 5 years, requiring controls to be installed to 
comply with the final rule. Six of the estimated facilities (with 24 of 
the new engine test cells/stands) are anticipated to be built by auto, 
tractor, and diesel engine manufacturers, while 12 of the facilities 
(with 48 engine test cells/stands) are estimated to be built by 
military facilities. The total compliance cost to each facility, 
including control equipment and monitoring, inspection, recordkeeping 
and reporting costs, is estimated to be $179,000 per year (1999$). The 
auto, tractor, and diesel engine manufacturing firms that are expected 
to construct new engine test cells/stands are large multi-national 
firms; thus, the cost of compliance is insignificant in comparison to 
firm revenues. For example, the impact on each firm is less than 0.0004 
percent of corporate revenues in 1999, or nearly zero in percentage 
terms. Likewise, the cost of compliance for military facilities that 
may be affected is insignificant when compared to facility operating 
budgets. Therefore, the economic impacts associated with the final rule 
are considered to be negligible.

V. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 5173, October 4, 1993), EPA must 
determine whether the regulatory action is ``significant'' and, 
therefore, subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive order. The Executive order defines 
``significant regulatory action'' as one that is likely to result in 
standards that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect, in a material way, the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that the final rule does not constitute a ``significant 
regulatory action'' because it does not meet any of the above criteria. 
Consequently, this action was not submitted to OMB for review under 
Executive Order 12866.

B. Paperwork Reduction Act

    The information collection requirements in the final rule are being 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. An Information Collection Request (ICR) document 
has been prepared by EPA (ICR No. 1967.01), and a copy may be obtained 
from Susan Auby by mail at Office of Environmental Information, 
Collection Strategies Division (MD-2822T), 1200 Pennsylvania Avenue, 
NW., Washington DC 20460, by e-mail at [email protected], or by 
calling (202) 566-1672. A copy may also be downloaded from the Internet 
at http://www.epa.gov/icr. The information requirements are not 
effective until OMB approves them.
    The information requirements are based on notification, 
recordkeeping,

[[Page 28782]]

and reporting requirements in the NESHAP General Provisions (40 CFR 
part 63, subpart A), which are mandatory for all operators subject to 
national emission standards. These recordkeeping and reporting 
requirements are specifically authorized by section 114 of the CAA (42 
U.S.C. 7414). All information submitted to EPA pursuant to the 
recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to EPA policies set 
forth in 40 CFR part 2, subpart B.
    The final rule requires maintenance inspections of the control 
devices but does not require any notifications or reports beyond those 
required by the General Provisions. The recordkeeping requirements 
involve only the specific information needed to determine compliance.
    The monitoring, reporting, and recordkeeping burden for this 
collection (averaged over the first 5 years after the effective date of 
the standards) is estimated to be 4,800 labor hours per year at a total 
annual cost of $221,000. This estimate includes a one-time (initial) 
control device performance evaluation, annualized capital monitoring 
equipment costs, semiannual compliance reports, maintenance 
inspections, notifications, and recordkeeping. Total annual costs 
associated with the new source control and monitoring requirements over 
the period of the ICR are estimated at $3.2 million.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purpose of collecting, validating, and 
verifying information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
respond to a collection of information; search existing data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An agency may not conduct or sponsor a collection of information, 
and a person is not required to respond to such a collection, unless 
the collection displays a currently valid OMB control number. The OMB 
control numbers for EPA's regulations are listed in 40 CFR part 9 and 
48 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) 5 U.S.C. 
601 et seq., 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 final 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 today's final rule on 
small entities, a small entity is defined as: (1) A small business 
whose parent company has either fewer than 500 employees if the 
business is involved in testing marine engines, or fewer than 1,000 
employees if the business is involved in the testing of other types of 
engines (as defined by the Small Business Administration); (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; or (3) a small organization that is any not-for-profit 
enterprise that is independently owned and operated and is not dominant 
in its field. Based on the Small Business Administration definitions, 
there are no small entities affected by this NESHAP. Pursuant to the 
provisions of 5 U.S.C. 605(b), we hereby certify that the NESHAP, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that the final rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in aggregate, or the private 
sector in any one year, nor does the final rule significantly or 
uniquely impact small governments, because it contains no requirements 
that apply to such governments or impose obligations upon them. Thus, 
the requirements of the UMRA do not apply to the final rule.

E. Executive Order 13132, Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' are defined in the Executive order to include 
regulations that 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.''
    The final rule 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. None of the affected facilities 
are owned or operated by State governments. Thus, the requirements of 
section 6 of the Executive Order 13132 do not apply to the final rule.

[[Page 28783]]

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

    Executive Order 13175 (65 FR 67249, November 6, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The final rule does not have tribal 
implications, as specified in Executive Order 13175, because tribal 
governments do not own or operate any sources subject to the 
amendments. We know of one company that reported operating engine test 
cells/stands that are owned by an Indian tribal government. However, 
these test cells/stands are used for testing rocket engines. Although 
test cells/stands used for testing rocket engines are covered by the 
final rule, test cells/stands used for testing rocket engines are not 
required to meet any emission limitation, reporting, or recordkeeping 
requirements. Thus, Executive Order 13175 does not apply to the final 
rule.

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

    Executive Order 13045 applies to any rule that EPA determines (1) 
is ``economically significant'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the regulatory action 
meets both criteria, EPA must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by EPA.
    The EPA interprets Executive Order 13045 as applying only to 
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. The final rule is not 
subject to Executive Order 13045, because it is based on technology 
performance and not on health or safety risks.

H. Executive Order 13211, Actions 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 (Public Law 104-113; 15 U.S.C. 272 note) directs 
EPA to use voluntary consensus standards in their regulatory and 
procurement 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, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to the OMB, with explanations when an 
agency does not use available and applicable voluntary consensus 
standards.
    The final rule involves technical standards. The EPA cites the 
following standards in the final rule: EPA Methods 1, 1A, 2, 2A, 2C, 
2D, 2F, 2G, 3, 3A, 3B, 4, 10, 10B, 25, 25A, 204, 204B,C,D,E and 
Performance Specifications (PS) 3 and PS 4A. Consistent with the NTTAA, 
EPA conducted searches to identify voluntary consensus standards in 
addition to these EPA methods/performance specifications. No applicable 
voluntary consensus standards were identified for EPA Methods 1A, 2A, 
2D, 2F, 2G, 204, 204B through 204F, and PS 3 and PS 4A. The search and 
review results have been documented and are placed in the docket (No. 
OAR-2002-0040) for the final rule.
    Two voluntary consensus standards were identified as acceptable 
alternatives to the EPA methods specified in the final rule. The 
voluntary consensus standard ASTM D6522-00, Standard Test Method for 
the Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas-Fired Reciprocating 
Engines, Combustion Turbines, Boilers and Process Heaters Using 
Portable Analyzers is cited in the final rule as an acceptable 
alternative to EPA Methods 3A and 10 for identifying carbon monoxide 
and oxygen concentrations for the final rule when the fuel is natural 
gas.
    The voluntary consensus standard ANSI/ASME PTC 19.10-1981, Part 10 
Flue and Exhaust Gas Analyses, is cited in the final rule for its 
manual method for measuring the oxygen, carbon dioxide, and carbon 
monoxide content of exhaust gas. This part of ANSI/ASME PTC 19.10-1981 
is an acceptable alternative to Method 3B.
    In addition to the voluntary consensus standards EPA cites in the 
final rule, the search for emissions measurement procedures identified 
13 other voluntary consensus standards. The EPA determined that 11 of 
these 13 standards identified for measuring emissions of the HAP or 
surrogates subject to emission standards in the final rule were 
impractical alternatives to EPA test methods/performance specifications 
for the purposes of the final rule. Therefore, the EPA does not intend 
to adopt these standards. The reasons for the determinations of these 
11 methods are discussed below.
    The voluntary consensus standard ASTM D3154-00, Standard Method for 
Average Velocity in a Duct (Pitot Tube Method), is impractical as an 
alternative to EPA Methods 1, 2, 2C, 3, 3B, and 4 for the purposes of 
the final rule since the standard appears to lack in quality control 
and quality assurance requirements. Specifically, ASTM D3154-00 does 
not include the following: (1) Proof that openings of standard pitot 
tube have not plugged during the test; (2) if differential pressure 
gauges other than inclined manometers (e.g., magnehelic gauges) are 
used, their calibration must be checked after each test series; and (3) 
the frequency and validity range for calibration of the temperature 
sensors.
    The voluntary consensus standard ASTM D3464-96 (2001), Standard 
Test Method Average Velocity in a Duct Using a Thermal Anemometer, is 
impractical as an alternative to EPA Method 2 for the purposes of the 
final rule primarily because applicability specifications are not 
clearly defined, e.g., range of gas composition, temperature limits. 
Also, the lack of supporting quality assurance data for the calibration 
procedures and specifications, and certain variability issues that are 
not adequately addressed by the standard limit EPA's ability to make a 
definitive comparison of the method in these areas.
    The voluntary consensus standard ISO 10780:1994, Stationary Source 
Emissions--Measurement of Velocity and Volume Flowrate of Gas Streams 
in Ducts, is impractical as an alternative to EPA Method 2 in the final 
rule. The standard recommends the use of an L-shaped pitot, which 
historically has not been recommended by EPA. The EPA specifies the S-
type design, which has large openings that are less likely to plug up 
with dust.
    The voluntary consensus standard, CAN/CSA Z223.2-M86(1986), Method 
for the Continuous Measurement of Oxygen, Carbon Dioxide, Carbon 
Monoxide, Sulphur Dioxide, and Oxides of Nitrogen in Enclosed 
Combustion Flue Gas Streams, is unacceptable as a substitute for EPA 
Method 3A since it does not include quantitative

[[Page 28784]]

specifications for measurement system performance, most notably the 
calibration procedures and instrument performance characteristics. The 
instrument performance characteristics that are provided are 
nonmandatory and also do not provide the same level of quality 
assurance as the EPA methods. For example, the zero and span/
calibration drift is only checked weekly, whereas the EPA methods 
requires drift checks after each run.
    Two very similar standards, ASTM D5835-95, Standard Practice for 
Sampling Stationary Source Emissions for Automated Determination of Gas 
Concentration, and ISO 10396:1993, Stationary Source Emissions: 
Sampling for the Automated Determination of Gas Concentrations, are 
impractical alternatives to EPA Method 3A for the purposes of the final 
rule because they lack in detail and quality assurance/quality control 
requirements. Specifically, these two standards do not include the 
following: (1) Sensitivity of the method; (2) acceptable levels of 
analyzer calibration error; (3) acceptable levels of sampling system 
bias; (4) zero drift and calibration drift limits, time span, and 
required testing frequency; (5) a method to test the interference 
response of the analyzer; (6) procedures to determine the minimum 
sampling time per run and minimum measurement time; and (7) 
specifications for data recorders, in terms of resolution (all types) 
and recording intervals (digital and analog recorders, only).
    The voluntary consensus standard ISO 12039:2001, Stationary Source 
Emissions--Determination of Carbon Monoxide, Carbon Dioxide, and 
Oxygen--Automated Methods, is not acceptable as an alternative to EPA 
Method 3A. This ISO standard is similar to EPA Method 3A, but is 
missing some key features. In terms of sampling, the hardware required 
by ISO 12039:2001 does not include a three-way calibration valve 
assembly or equivalent to block the sample gas flow while calibration 
gases are introduced. In its calibration procedures, ISO 12039:2001 
only specifies a two-point calibration while EPA Method 3A specifies a 
three-point calibration. Also, ISO 12039:2001 does not specify 
performance criteria for calibration error, calibration drift, or 
sampling system bias tests as in the EPA method, although checks of 
these quality control features are required by the ISO standard.
    The standard, ASTM D3162 (1994) Standard Test Method for Carbon 
Monoxide in the Atmosphere (Continuous Measurement by Nondispersive 
Infrared Spectrometry), is impractical as an alternative to EPA Method 
10 in the final rule because this ASTM standard, which is stated to be 
applicable in the range of 0.5-100 ppm CO, does not cover the range of 
EPA Method 10 (20-1,000 ppm CO) at the upper end (but states that it 
has a lower limit of sensitivity). Also, ASTM D3162 does not provide a 
procedure to remove carbon dioxide interference. Therefore, this ASTM 
standard is not appropriate for combustion source conditions. In terms 
of non-dispersive infrared instrument performance specifications, ASTM 
D3162 has much higher maximum allowable rise and fall times (5 minutes) 
than EPA Method 10 (which has 30 seconds).
    The voluntary consensus standard CAN/CSA Z223.21-M1978, Method for 
the Measurement of Carbon Monoxide: 3--Method of Analysis by Non-
Dispersive Infrared Spectrometry, is not acceptable as an alternative 
to EPA Method 10 because it is lacking in the following areas: (1) 
Sampling procedures; (2) procedures to correct for the carbon dioxide 
concentration; (3) instructions to correct the gas volume if 
CO2 traps are used; (4) specifications to certify the 
calibration gases are within 2 percent of the target concentration; (5) 
mandatory instrument performance characteristics (e.g., rise time, fall 
time, zero drift, span drift, precision); (6) quantitative 
specification of the span value maximum as compared to the measured 
value: The standard specifies that the instruments should be compatible 
with the concentration of gases to be measured, whereas EPA Method 10 
specifies that the instrument span value should be no more than 1.5 
times the source performance standard.
    Two voluntary consensus standards, EN 12619:1999 Stationary Source 
Emissions--Determination of the Mass Concentration of Total Gaseous 
Organic Carbon at Low Concentrations in Flue Gases--Continuous Flame 
Ionization Detector Method, and ISO 14965:2000(E) Air Quality--
Determination of Total Nonmethane Organic Compounds--Cryogenic 
Preconcentration and Direct Flame Ionization Method, are impractical 
alternatives to EPA Method 25 and 25A for the purposes of the final 
rule because the standards do not apply to solvent process vapors in 
concentrations greater than 40 ppm (EN 12619) and 10 ppm carbon (ISO 
14965). Methods whose upper limits are this low are too limited to be 
useful in measuring source emissions, which are expected to be much 
higher.
    Two of the 13 voluntary consensus standards identified in this 
search were not available at the time the review was conducted for the 
purposes of the final rule because they are under development by a 
voluntary consensus body: ASME/BSR MFC 13M, Flow Measurement by 
Velocity Traverse, for EPA Method 2 (and possibly 1); and ASME/BSR MFC 
12M, Flow in Closed Conduits Using Multiport Averaging Pitot Primary 
Flowmeters, for EPA Method 2.
    Sections 63.9310, 63.9320, 63.9321 and 63.9322 to 40 CFR part 63, 
subpart PPPPP, list the EPA testing methods included in the regulation. 
Under 40 CFR 63.7(f) and 63.8(f) of subpart A of the General 
Provisions, a source may apply to EPA for permission to use alternative 
test methods or alternative monitoring requirements in place of any of 
the EPA testing methods, performance specifications, or procedures.

J. Congressional Review Act

    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that, before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. The 
final rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.


0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of the Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

0
2. Section 63.14 is amended by adding paragraph (b)(27) and revising 
paragraph (i)(3) to read as follows:

[[Page 28785]]

Sec.  63.14  Incorporation by reference.

* * * * *
    (b) * * *
    (27) ASTM D 6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in 
Emissions from Natural Gas Fired Reciprocating Engines, Combustion 
Turbines, Boilers, and Process Heaters Using Portable Analyzers, IBR 
approved for Sec.  63.9307(c)(2).
* * * * *
    (i) * * *
    (3) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus],'', IBR approved for Sec. Sec.  
63.865(b), 63.3360(e)(1)(iii), 63.4166(a)(3), 63.4965(a)(3), 
63.5160(d)(1)(iii), 63.9307(c)(2), and 63.9323(a)(3).
* * * * *

0
3. Part 63 is amended by adding subpart PPPPP to read as follows:
Subpart PPPPP--National Emission Standards for Hazardous Air Pollutants 
for Engine Test Cells/Stands

What This Subpart Covers

Sec.
63.9280 What is the purpose of subpart PPPPP?
63.9285 Am I subject to this subpart?
63.9290 What parts of my plant does this subpart cover?
63.9295 When do I have to comply with this subpart?

Emission Limitations

63.9300 What emission limitation must I meet?
63.9301 What are my options for meeting the emission limits?
63.9302 What operating limits must I meet?

General Compliance Requirements

63.9305 What are my general requirements for complying with this 
subpart?
63.9306 What are my continuous parameter monitoring system (CPMS) 
installation, operation, and maintenance requirements?
63.9307 What are my continuous emissions monitoring system 
installation, operation, and maintenance requirements?

Testing and Initial Compliance Requirements

63.9310 By what date must I conduct the initial compliance 
demonstrations?
63.9320 What procedures must I use?
63.9321 What are the general requirements for performance tests?
63.9322 How do I determine the emission capture system efficiency?
63.9323 How do I determine the add-on control device emission 
destruction or removal efficiency?
63.9324 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.9330 How do I demonstrate initial compliance with the emission 
limitation?

Continuous Compliance Requirements

63.9335 How do I monitor and collect data to demonstrate continuous 
compliance?
63.9340 How do I demonstrate continuous compliance with the emission 
limitation?

Notifications, Reports, and Records

63.9345 What notifications must I submit and when?
63.9350 What reports must I submit and when?
63.9355 What records must I keep?
63.9360 In what form and how long must I keep my records?

Other Requirements and Information

63.9365 What parts of the General Provisions apply to me?
63.9370 Who implements and enforces this subpart?
63.9375 What definitions apply to this subpart?

Tables to Subpart PPPPP of Part 63

Table 1 to Subpart PPPPP of Part 63. Emission Limitations
Table 2 to Subpart PPPPP of Part 63. Operating Limits
Table 3 to Subpart PPPPP of Part 63. Requirements for Initial 
Compliance Demonstrations
Table 4 to Subpart PPPPP of Part 63. Initial Compliance with Emission 
Limitations
Table 5 to Subpart PPPPP of Part 63. Continuous Compliance with 
Emission Limitations
Table 6 to Subpart PPPPP of Part 63. Requirements for Reports
Table 7 to Subpart PPPPP of Part 63. Applicability of General 
Provisions to Subpart PPPPP

Subpart PPPPP--National Emission Standards for Hazardous Air 
Pollutants for Engine Test Cells/Standards

What This Subpart Covers


Sec.  63.9280  What is the purpose of subpart PPPPP?

    This subpart PPPPP establishes national emission standards for 
hazardous air pollutants (NESHAP) for engine test cells/stands located 
at major sources of hazardous air pollutants (HAP) emissions. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations contained in this 
NESHAP.


Sec.  63.9285  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an engine 
test cell/stand that is located at a major source of HAP emissions.
    (a) An engine test cell/stand is any apparatus used for testing 
uninstalled stationary or uninstalled mobile (motive) engines.
    (b) An uninstalled engine is an engine that is not installed in, or 
an integrated part of, the final product.
    (c) A major source of HAP emissions is a plant site that emits or 
has the potential to emit any single HAP at a rate of 10 tons (9.07 
megagrams) or more per year or any combination of HAP at a rate of 25 
tons (22.68 megagrams) or more per year.


Sec.  63.9290  What parts of my plant does this subpart cover?

    This subpart applies to each new, reconstructed, or existing 
affected source.
    (a) Affected source. An affected source is the collection of all 
equipment and activities associated with engine test cells/stands used 
for testing uninstalled stationary or uninstalled mobile (motive) 
engines located at a major source of HAP emissions.
    (1) Existing affected source. An affected source is existing if you 
commenced construction or reconstruction of the affected source on or 
before May 14, 2002. A change in ownership of an existing affected 
source does not make that affected source a new or reconstructed 
affected source.
    (2) New affected source. An affected source is new if you commenced 
construction of the affected source after May 14, 2002.
    (3) Reconstructed affected source. An affected source is 
reconstructed if you meet the definition of reconstruction in Sec.  
63.2 of subpart A of this part and reconstruction is commenced after 
May 14, 2002. Changes made to an existing affected source primarily for 
the purpose of complying with revisions to engine testing requirements 
under 40 CFR parts 80, 86, 89, 90, 91, or 92 are not considered a 
modification or reconstruction. In addition, passive measurement and 
control instrumentation and electronics are not included as part of any 
affected source reconstruction evaluation.
    (b) Existing affected sources do not have to meet the requirements 
of this subpart and of subpart A of this part.
    (c) Any portion of a new or reconstructed affected source located 
at a major source that is used exclusively for testing internal 
combustion engines with rated power of less than 25 horsepower (hp) (19 
kilowatts(kW)) does not have to meet the requirements of this subpart 
and of subpart A of this part except for the initial notification 
requirements of Sec.  63.9345(b).
    (d) Any portion of a new or reconstructed affected source located 
at a major source that meets any of the

[[Page 28786]]

criteria specified in paragraphs (d)(1) through (4) of this section 
does not have to meet the requirements of this subpart and of subpart A 
of this part.
    (1) Any portion of the affected source used exclusively for testing 
combustion turbine engines.
    (2) Any portion of the affected source used exclusively for testing 
rocket engines.
    (3) Any portion of the affected source used in research and 
teaching activities at facilities that are not engaged in the 
development of engines or engine test services for commercial purposes.
    (4) Any portion of the affected source operated to test or evaluate 
fuels (such as knock engines), transmissions, or electronics.


Sec.  63.9295  When do I have to comply with this subpart?

    (a) Affected sources.
    (1) If you start up your new or reconstructed affected source 
before May 27, 2003, you must comply with the emission limitations in 
this subpart no later than May 27, 2003.
    (2) If you start up your new or reconstructed affected source on or 
after May 27, 2003, you must comply with the emission limitations in 
this subpart upon startup.
    (b) Area sources that become major sources. If your new or 
reconstructed affected source is located at an area source that 
increases its emissions or its potential to emit such that it becomes a 
major source of HAP, your new or reconstructed affected source must be 
in compliance with this subpart when the area source becomes a major 
source.
    (c) You must meet the notification requirements in Sec.  63.9345 
and in 40 CFR part 63, subpart A.

Emission Limitations


Sec.  63.9300  What emission limitations must I meet?

    For each new or reconstructed affected source that is used in whole 
or in part for testing internal combustion engines with rated power of 
25 hp (19 kW) or more and that is located at a major source, you must 
comply with the emission limitations in Table 1 to this subpart. 
(Tables are found at the end of this subpart.)


Sec.  63.9301  What are my options for meeting the emission limits?

    You may use either a continuous parameter monitoring system (CPMS) 
or a continuous emission monitoring system (CEMS) to demonstrate 
compliance with the emission limitations. Continuous monitoring systems 
must meet the requirements in Sec.  63.9306 (CPMS) and Sec.  63.9307 
(CEMS).


Sec.  63.9302  What operating limits must I meet?

    (a) For any new or reconstructed affected source on which you use 
add-on controls, you must meet the operating limits specified in Table 
2 to this subpart. These operating limits must be established during 
the performance test according to the requirements in Sec.  63.9324. 
You must meet the operating limits at all times after you establish 
them.
    (b) If you use an add-on control device other than those listed in 
Table 2 to this subpart, or wish to monitor an alternative parameter 
and comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec.  
63.8(f).

General Compliane Requirements


Sec.  63.9305  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitation that 
applies to you at all times, except during periods of startup, 
shutdown, or malfunction (SSM) of your control device or associated 
monitoring equipment.
    (b) If you must comply with the emission limitation, you must 
operate and maintain your engine test cell/stand, air pollution control 
equipment, and monitoring equipment in a manner consistent with good 
air pollution control practices for minimizing emissions at all times.
    (c) You must develop and implement a written SSM plan (SSMP) for 
emission control devices and associated monitoring equipment according 
to the provisions in Sec.  63.6(e)(3). The plan will apply only to 
emission control devices, and not to engine test cells/stands.


Sec.  63.9306  What are my continuous parameter monitoring system 
(CPMS) installation, operation, and maintenance requirements?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c) and (d) of this section according to 
paragraphs (a)(1) through (7) of this section. You must install, 
operate, and maintain each CPMS specified in paragraph (b) of this 
section according to paragraphs (a)(3) through (5) of this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for 
each successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, 
and validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that an engine 
test cell/stand is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities (including, if applicable, calibration checks and required 
zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities when calculating data averages. You 
must use all the data collected during all other periods in calculating 
the data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out-of-control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device

[[Page 28787]]

or diverted from the add-on control device. The time of occurrence and 
flow control position must be recorded, as well as every time the flow 
direction is changed. The flow control position indicator must be 
installed at the entrance to any bypass line that could divert the 
emissions away from the add-on control device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass 
line valve in the closed position with a car-seal or a lock-and-key 
type configuration. You must visually inspect the seal or closure 
mechanism at least once every month to ensure that the valve is 
maintained in the closed position, and the emissions are not diverted 
away from the add-on control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve 
is in the closed (nondiverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the 
monitoring system at least once every month to verify that the monitor 
will indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the engine testing operation is stopped when flow is diverted by 
the bypass line away from the add-on control device to the atmosphere 
when an engine test cell/stand is operating. You must inspect the 
automatic shutdown system at least once every month to verify that it 
will detect diversions of flow and shut down the engine test cell/stand 
in operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec.  63.9350.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device, you 
must comply with the requirements in paragraphs (c)(1) through (3) of 
this section.
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, you must install a gas temperature 
monitor in the gas stream immediately before the catalyst bed, and if 
you established operating limits according to Sec.  63.9324(b)(1) and 
(2), also install a gas temperature monitor in the gas stream 
immediately after the catalyst bed.
    (i) If you establish operating limits according to Sec.  
63.9324(b)(1) and (2), then you must install the gas temperature 
monitors both upstream and downstream of the catalyst bed. The 
temperature monitors must be in the gas stream immediately before and 
after the catalyst bed to measure the temperature difference across the 
bed.
    (ii) If you establish operating limits according to Sec.  
63.9324(b)(3) and (4), then you must install a gas temperature monitor 
upstream of the catalyst bed. The temperature monitor must be in the 
gas stream immediately before the catalyst bed to measure the 
temperature.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of 
this section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owner's manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed near the process temperature sensor must yield a reading 
within 30 degrees Fahrenheit of the process temperature sensor reading.
    (vi) Conduct calibration and validation checks anytime the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (d)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the 
requirements in paragraphs (a) and (d)(1)(i) through (iv) of this 
section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least 
semiannually.
    (iv) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (d)(2)(i) through (vi) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (iv) Using an inclined manometer with a measurement sensitivity of 
0.0002 inch water, check gauge calibration quarterly and transducer 
calibration monthly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vi) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.


Sec.  63.9307  What are my continuous emissions monitoring system 
installation, operation, and maintenance requirements?

    (a) You must install, operate, and maintain each CEMS to monitor 
carbon monoxide (CO) or total hydrocarbons (THC) and oxygen 
(O2) at the outlet of the exhaust system of the engine test 
cell/stand or at the outlet of the emission control device.
    (b) To comply with the CO or THC percent reduction emission 
limitation, you may install, operate, and maintain a CEMS to monitor CO 
or THC and O2 at both the inlet and the outlet of the 
emission control device.
    (c) To comply with either emission limitations, the CEMS must be 
installed and operated according to the requirements described in 
paragraphs (c)(1) through (4) of this section.
    (1) You must install, operate, and maintain each CEMS according to 
the applicable Performance Specification (PS) of 40 CFR part 60, 
appendix B (PS-3 or PS-4A).
    (2) You must conduct a performance evaluation of each CEMS 
according to the requirements in 40 CFR 63.8 and according to PS-3 of 
40 CFR part 60, appendix B, using Reference Method 3A or 3B for the 
O2 CEMS, and according to PS-4A of 40 CFR part 60, appendix 
B, using Reference Method 10 or 10B for

[[Page 28788]]

the CO CEMS. If the fuel used in the engines being tested is natural 
gas, you may use ASTM D 6522-00, Standard Test Method for Determination 
of Nitrogen Oxides, Carbon Monoxide and Oxygen Concentrations in 
Emissions from Natural Gas Fired Reciprocating Engines, Combustion 
Turbines, Boilers, and Process Heaters Using Portable Analyzers 
(incorporated by reference, see Sec.  63.14). As an alternative to 
Method 3B, you may use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses [Part 10, Instruments and Apparatus],'' (incorporated by 
reference, see Sec.  63.14).
    (3) As specified in Sec.  63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. You must have at least 
two data points, each representing a different 15-minute period within 
the same hour, to have a valid hour of data.
    (4) All CEMS data must be reduced as specified in Sec.  63.8(g)(2) 
and recorded as CO concentration in parts per million by volume, dry 
basis (ppmvd), corrected to 15 percent O2 content.
    (d) If you have CEMS that are subject to paragraph (a) or (b) of 
this section, you must properly maintain and operate the monitors 
continuously according to the requirements described in paragraphs 
(d)(1) and (2) of this section.
    (1) Proper Maintenance. You must maintain the monitoring equipment 
at all times that the engine test cell/stand is operating, including 
but not limited to, maintaining necessary parts for routine repairs of 
the monitoring equipment.
    (2) Continued Operation. You must operate your CEMS according to 
paragraphs (d)(2)(i) and (ii) of this section.
    (i) You must conduct all monitoring in continuous operation at all 
times that the engine test cell/stand is operating, except for, as 
applicable, monitoring malfunctions, associated repairs, and required 
quality assurance or control activities (including, as applicable, 
calibration drift checks and required zero and high-level adjustments). 
Quality assurance or control activities must be performed according to 
procedure 1 of 40 CFR part 60, appendix F.
    (ii) Data recorded during monitoring malfunctions, associated 
repairs, out-of-control periods, and required quality assurance or 
control activities must not be used for purposes of calculating data 
averages. You must use all of the data collected from all other periods 
in assessing compliance. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring 
equipment to provide valid data. Monitoring failures that are caused in 
part by poor maintenance or careless operation are not malfunctions. 
Any period for which the monitoring system is out-of-control and data 
are not available for required calculations constitutes a deviation 
from the monitoring requirements.

Testing and Initial Compliance Requirements


Sec.  63.9310  By what date must I conduct the initial compliance 
demonstrations?

    You must conduct the initial compliance demonstrations that apply 
to you in Table 3 to this subpart within 180 calendar days after the 
compliance date that is specified for your new or reconstructed 
affected source in Sec.  63.9295 and according to the provisions in 
Sec.  63.7(a)(2).


Sec.  63.9320  What procedures must I use?

    (a) You must conduct each initial compliance demonstration that 
applies to you in Table 3 to this subpart.
    (b) You must conduct an initial performance evaluation of each 
capture and control system according to Sec. Sec.  63.9321, 63.9322, 
63.9323 and 63.9324, and each CEMS according to the requirements in 40 
CFR 63.8 and according to the applicable Performance Specification of 
40 CFR part 60, appendix B (PS-3 or PS-4A).
    (c) The initial demonstration of compliance with the carbon 
monoxide (CO) or total hydrocarbon (THC) concentration limitation 
consists of the first 4-hour rolling average CO or THC concentration 
recorded after completion of the CEMS performance evaluation. You must 
correct the CO or THC concentration at the outlet of the engine test 
cell/stand or the emission control device to a dry basis and to 15 
percent O2 content according to Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR27MY03.002

Where:
Cc = concentration of CO or THC, corrected to 15 percent 
oxygen, ppmvd
Cunc = total uncorrected concentration of CO or THC, ppmvd
%O2d = concentration of oxygen measured in gas stream, dry 
basis, percent by volume.
    (d) The initial demonstration of compliance with the CO or THC 
percent reduction emission limitation consists of the first 4-hour 
rolling average percent reduction in CO or THC recorded after 
completion of the performance evaluation of the capture/control system 
and/or CEMS. You must complete the actions described in paragraphs 
(d)(1) through (2) of this section.
    (1) Correct the CO or THC concentrations at the inlet and outlet of 
the emission control device to a dry basis and to 15 percent 
O2 content using Equation 1 of this section.
    (2) Calculate the percent reduction in CO or THC using Equation 2 
of this section:
[GRAPHIC] [TIFF OMITTED] TR27MY03.003

Where:

R = percent reduction in CO or THC
Ci = corrected CO or THC concentration at inlet of the 
emission control device
Co = corrected CO or THC concentration at the outlet of the 
emission control device.


Sec.  63.9321  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.9310 according to the requirements in Sec.  63.7(e)(1) and under the 
conditions in this section unless you obtain a waiver of the 
performance test according to the provisions in Sec.  63.7(h).
    (1) Representative engine testing conditions. You must conduct the 
performance test under representative operating conditions for the test 
cell/stand. Operations during periods of SSM, and during periods of 
nonoperation do not constitute representative conditions. You must 
record the process information that is necessary to document operating 
conditions during the test and explain why the conditions represent 
normal operation.
    (2) Representative emission capture system and add-on control 
device operating conditions. You must conduct the performance test when 
the emission capture system and add-on control device are operating at 
a representative flow rate, and the add-on control device is operating 
at a representative inlet concentration. You must record information 
that is necessary to document emission capture system and add-on 
control device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec.  63.9322. You must conduct 
each performance test of an add-on control

[[Page 28789]]

device according to the requirements in Sec.  63.9323.


Sec.  63.9322  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required 
by Sec.  63.9310.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a potential to emit (PTE) and directs all the 
exhaust gases from the enclosure to an add-on control device.
    (2) All engine test operations creating exhaust gases for which the 
test is applicable are conducted within the capture system.
    (b) Measuring capture efficiency. If the capture system does not 
meet the criteria in paragraphs (a)(1) and (2) of this section, then 
you must use one of the two protocols described in paragraphs (c) and 
(d) of this section to measure capture efficiency. The capture 
efficiency measurements use total volatile hydrocarbon (TVH) capture 
efficiency as a surrogate for organic HAP capture efficiency. For the 
protocol in paragraph (c) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours in duration or the length of a production run, whichever 
is longer, up to 8 hours. For the purposes of this test, a production 
run means the time required for a single engine test to go from the 
beginning to the end.
    (c) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (c)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the engine test cell/stand and all areas where emissions from 
the engine testing subsequently occur. The enclosure must meet the 
applicable definition of a temporary total enclosure or building 
enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C of appendix M 
to 40 CFR part 51 measurement must be upstream from the add-on control 
device and must represent total emissions routed from the capture 
system and entering the add-on control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct, and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the 
enclosure is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the engine test cell/stand operation for 
which capture efficiency is being determined, must be shut down, but 
all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR27MY03.004

Where:
CE = capture efficiency of the emission capture system vented to the 
add-on control device, percent
TVH captured = total mass of TVH captured by the emission 
capture system as measured at the inlet to the add-on control device 
during the emission capture efficiency test run, kg, determined 
according to paragraph (c)(2) of this section
TVH uncaptured = total mass of TVH that is not captured by 
the emission capture system and that exits from the temporary total 
enclosure or building enclosure during the capture efficiency test run, 
kg, determined according to paragraph (c)(3) of this section.

    (5) Determine the capture efficiency the emission capture system as 
the average of the capture efficiencies measured in the three test 
runs.
    (d) Alternative capture efficiency protocol. As an alternative to 
the procedure specified in paragraph (c) of this section, you may 
determine capture efficiency using any other capture efficiency 
protocol and test methods that satisfy the criteria of either the data 
quality objective or lower control limit approach as described in 
appendix A to subpart KK of this part.


Sec.  63.9323  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec.  63.9310. 
You must conduct three test runs as specified in Sec.  63.7(e)(3), and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight. The 
ANSI/ASME PTC 19.10-1981 Part 10 is

[[Page 28790]]

an acceptable alternative to Method 3B (incorporated by reference, see 
Sec.  63.14).
    (4) Use Method 4 of appendix A to 40 CFR part 60, to determine 
stack gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified 
in paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 of appendix A to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be more than 50 parts per million at the 
control device outlet.
    (2) Use Method 25A of appendix A to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be 50 ppm or less at the control device 
outlet.
    (c) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and the outlet of the add-on 
control device, using Equation 1 of this section. If there is more than 
one inlet or outlet to the add-on control device, you must calculate 
the total gaseous organic mass flow rate using Equation 1 of this 
section for each inlet and each outlet and then total all of the inlet 
emissions and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR27MY03.005

Where:

Mf = total gaseous organic emissions mass flow rate, kg/hour 
(kg/h)
Cc = concentration of organic compounds as carbon in the 
vent gas, as determined by Method 25 or Method 25A, parts per million 
by volume (ppmv), dry basis
Qsd = volumetric flow rate of gases entering or exiting the 
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 
2G, dry standard cubic meters/hour (dscm/h)
0.0416 = conversion factor for molar volume, kg-moles per cubic meter 
(mol/m\3\) (@ 293 Kelvin [K] and 760 millimeters of mercury [mmHg]).
    (d) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR27MY03.006

Where:

DRE = organic emissions destruction or removal efficiency of the add-on 
control device, percent
Mfi = total gaseous organic emissions mass flow rate at the 
inlet(s) to the add-on control device, using Equation 1 of this 
section, kg/h
Mfo = total gaseous organic emissions mass flow rate at the 
outlet(s) of the add-on control device, using Equation 1 of this 
section, kg/h.
    (e) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.


Sec.  63.9324  How do I establish the emission capture system and add-
on control device operating limits during the performance test?

    During the performance test required by Sec.  63.9310, you must 
establish the operating limits required by Sec.  63.9302 according to 
this section, unless you have received approval for alternative 
monitoring and operating limits under Sec.  63.8(f) as specified in 
Sec.  63.9302.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained 
during the performance test. These are the minimum operating limits for 
your catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet 
to the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and, as necessary, 
adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendation and conduct a new performance test to 
determine

[[Page 28791]]

destruction efficiency according to Sec.  63.9323.
    (c) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec.  63.9322(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (c)(1) and (2) of this section. 
The operating limit for a PTE is specified in Table 3 to this subpart.
    (1) During the capture efficiency determination required by Sec.  
63.9310, you must monitor and record either the gas volumetric flow 
rate or the duct static pressure for each separate capture device in 
your emission capture system at least once every 15 minutes during each 
of the three test runs at a point in the duct between the capture 
device and the add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device.


Sec.  63.9330  How do I demonstrate initial compliance with the 
emission limitation?

    (a) You must demonstrate initial compliance with the emission 
limitation that applies to you according to Table 3 to this subpart.
    (b) You must submit the Notification of Compliance Status 
containing results of the initial compliance demonstration according to 
the requirements in Sec.  63.9345(c).

Continuous Compliance Requirements


Sec.  63.9335  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration drift checks and required zero and high-level 
adjustments of the monitoring system), you must conduct all monitoring 
in continuous operation at all times the engine test cell/stand is 
operating.
    (b) Do not use data recorded during monitor malfunctions, 
associated repairs, and required quality assurance or quality control 
activities for meeting the requirements of this subpart, including data 
averages and calculations. You must use all the data collected during 
all other periods in assessing the performance of the emission control 
device or in assessing emissions from the new or reconstructed affected 
source.


Sec.  63.9340  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) You must demonstrate continuous compliance with the emission 
limitation in Table 1 to this subpart that applies to you according to 
methods specified in Table 5 to this subpart.
    (b) You must report each instance in paragraphs (b)(1) and (2) of 
this section. These instances are deviations from the emission 
limitation in this subpart and must be reported according to the 
requirements in Sec.  63.9350.
    (1) You must report each instance in which you did not meet the 
emission limitation that applies to you.
    (2) You must report each instance in which you did not meet the 
requirements in Table 7 to this subpart that apply to you.
    (c) Startups, shutdowns, and malfunctions. During periods of SSM of 
control device and associated monitoring equipment, you must operate in 
accordance with your SSMP.
    (1) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur during a period of SSM of control devices and associated 
monitoring equipment are not violations if you demonstrate to the 
Administrator's satisfaction that you were operating in accordance with 
the SSMP.
    (2) The Administrator will determine whether deviations that occur 
during a period of SSM of control devices and associated monitoring 
equipment are violations, according to the provisions in Sec.  63.6(e).

Notifications, Reports, and Records


Sec.  63.9345  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.8(e), 
63.8(f)(4) and (6), and 63.9(b), (g)(1), (g)(2) and (h) that apply to 
you by the dates specified.
    (b) If you own or operate a new or reconstructed test cell/stand 
used for testing internal combustion engines, you are required to 
submit an Initial Notification as specified in paragraphs (b)(1) 
through (3) of this section.
    (1) As specified in Sec.  63.9(b)(2), if you start up your new or 
reconstructed affected source before the effective date of this 
subpart, you must submit an Initial Notification not later than 120 
calendar days after May 27, 2003.
    (2) As specified in Sec.  63.9(b), if you start up your new or 
reconstructed affected source on or after the effective date of this 
subpart, you must submit an Initial Notification not later than 120 
calendar days after you become subject to this subpart.
    (3) If you are required to submit an Initial Notification but are 
otherwise not affected by the requirements of this subpart, in 
accordance with Sec.  63.9290(c), your notification should include the 
information in Sec.  63.9(b)(2)(i) through (v) and a statement that 
your new or reconstructed engine test cell/stand has no additional 
requirements and explain the basis of the exclusion (for example, that 
the test cell/stand is used exclusively for testing internal combustion 
engines with rated power of less than 25 hp (19 kW)).
    (c) If you are required to comply with the emission limitations in 
Table 1 to this subpart, you must submit a Notification of Compliance 
Status according to Sec.  63.9(h)(2)(ii). For each initial compliance 
demonstration with the emission limitation, you must submit the 
Notification of Compliance Status before the close of business on the 
30th calendar day following the completion of the initial compliance 
demonstration.
    (d) You must submit a notification of initial performance 
evaluation of your CEMS or performance testing of your control device 
at least 60 calendar days before the performance testing/evaluation is 
scheduled to begin as required in Sec.  63.8(e)(2).


Sec.  63.9350  What reports must I submit and when?

    (a) If you own or operate a new or reconstructed affected source 
that must meet the emission limitation, you must submit a semiannual 
compliance report according to Table 6 to this subpart by the 
applicable dates specified in paragraphs (a)(1) through (6) of this 
section, unless the Administrator has approved a different schedule.
    (1) The first semiannual compliance report must cover the period 
beginning on the compliance date specified in Sec.  63.9295 and ending 
on June 30 or December 31, whichever date is the first date following 
the end of the first calendar half after the compliance date specified 
in Sec.  63.9295.
    (2) The first semiannual compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date follows 
the end of the first calendar half after the compliance date that is 
specified in Sec.  63.9295.
    (3) Each subsequent semiannual compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31.
    (4) Each subsequent semiannual compliance report must be postmarked 
or delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.

[[Page 28792]]

    (5) For each new or reconstructed engine test cell/stand that is 
subject to permitting regulations pursuant to 40 CFR part 70 or 71, and 
if the permitting authority has established the date for submitting 
semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (a)(1) through (4) of 
this section.
    (6) If you had an SSM of a control device or associated monitoring 
equipment during the reporting period and you took actions consistent 
with your SSMP, the compliance report must include the information in 
paragraphs Sec.  63.10(d)(5)(i).
    (b) If there is no deviation from the applicable emission 
limitation and the CEMS or CPMS was not out-of-control, according to 
Sec.  63.8(c)(7), the semiannual compliance report must contain the 
information described in paragraphs (b)(1) through (4) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) A statement that no deviation from the emission limit occurred 
during the reporting period and that no CEMS or CPMS was out-of-
control, according to Sec.  63.8(c)(7).
    (c) For each deviation from an emission limit, the semiannual 
compliance report must include the information in paragraphs (b)(1) 
through (3) of this section and the information included in paragraphs 
(c)(1) through (4) of this section.
    (1) The date and time that each deviation started and stopped.
    (2) The total operating time of each new or reconstructed engine 
test cell/stand during the reporting period.
    (3) A summary of the total duration of the deviation during the 
reporting period (recorded in 4-hour periods), and the total duration 
as a percent of the total operating time during that reporting period.
    (4) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (d) For each CEMS or CPMS deviation, the semiannual compliance 
report must include the information in paragraphs (b)(1) through (3) of 
this section and the information included in paragraphs (d)(1) through 
(10) of this section.
    (1) The date and time that each CEMS or CPMS was inoperative except 
for zero (low-level) and high-level checks.
    (2) The date and time that each CEMS or CPMS was out-of-control 
including the information in Sec.  63.8(c)(8).
    (3) A summary of the total duration of CEMS or CPMS downtime during 
the reporting period (reported in 4-hour periods), and the total 
duration of CEMS or CPMS downtime as a percent of the total engine test 
cell/stand operating time during that reporting period.
    (4) A breakdown of the total duration of CEMS or CPMS downtime 
during the reporting period into periods that are due to monitoring 
equipment malfunctions, nonmonitoring equipment malfunctions, quality 
assurance/quality control calibrations, other known causes and other 
unknown causes.
    (5) The monitoring equipment manufacturer(s) and model number(s) of 
each monitor.
    (6) The date of the latest CEMS or CPMS certification or audit.
    (7) The date and time period of each deviation from an operating 
limit in Table 2 to this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of SSM or during another period.
    (8) A summary of the total duration of each deviation from an 
operating limit in Table 2 to this subpart, each bypass of the add-on 
control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (9) A breakdown of the total duration of the deviations from the 
operating limits in Table 2 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period by identifying 
deviations due to startup, shutdown, control equipment problems, 
process problems, other known causes, and other unknown causes.
    (10) A description of any changes in CEMS, CPMS, or controls since 
the last reporting period.
    (e) If you had an SSM of a control device or associated monitoring 
equipment during the semiannual reporting period that was not 
consistent with your SSMP, you must submit an immediate SSM report 
according to the requirements in Sec.  63.10(d)(5)(ii).


Sec.  63.9355  What records must I keep?

    (a) You must keep the records as described in paragraphs (a)(1) 
through (5) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) Records of performance evaluations as required in Sec.  
63.10(b)(2)(viii).
    (3) Records of the occurrence and duration of each malfunction of 
the air pollution control equipment, if applicable, as required in 
Sec.  63.10(b)(2)(ii).
    (4) Records of all maintenance on the air pollution control 
equipment, if applicable, as required in Sec.  63.10(b)(iii).
    (5) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices.
    (b) For each CPMS, you must keep the records as described in 
paragraphs (b)(1) through (7) of this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of SSM of the control device and associated monitoring 
equipment.
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
SSM.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 2 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec.  63.9322(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec.  63.9321 and 63.9322(b) through 
(e), including the records specified in paragraphs (b)(5)(i) and (ii) 
of this section that apply to you.
    (i) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix

[[Page 28793]]

M to 40 CFR part 51 for either a temporary total enclosure or a 
building enclosure.
    (ii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec.  63.9322(e), if applicable.
    (6) The records specified in paragraphs (b)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec.  63.9323.
    (i) Records of each add-on control device performance test 
conducted according to Sec. Sec.  63.9321, 63.9322, and 63.9323.
    (ii) Records of the engine testing conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as 
specified in Sec.  63.9324 and to document compliance with the 
operating limits as specified in Table 2 to this subpart.
    (c) For each CEMS, you must keep the records as described in 
paragraphs (c)(1) through (4) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vi) through (xi).
    (2) Previous (i.e., superceded) versions of the performance 
evaluation plan as required in Sec.  63.8(d)(3).
    (3) Request for alternatives to the relative accuracy test for CEMS 
as required in Sec.  63.8(f)(6)(i), if applicable.
    (4) The records in Sec.  63.6(e)(3)(iii) through (v) related to SSM 
of the control device and associated monitoring equipment.
    (d) You must keep the records required in Table 5 to this subpart 
to show continuous compliance with each emission limitation that 
applies to you.


Sec.  63.9360  In what form and how long must I keep my records?

    (a) You must maintain all applicable records in such a manner that 
they can be readily accessed and are suitable for inspection according 
to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each records 
for 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must retain your records of the most recent 2 years on 
site, or your records must be accessible on site. Your records of the 
remaining 3 years may be retained off site.

Other Requirements and Information


Sec.  63.9365  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.


Sec.  63.9370  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to your 
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are described in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the emission limitations in Sec.  
63.9300 under Sec.  63.6(g).
    (2) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.


Sec.  63.9375  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA; in 40 CFR 63.2, 
and in this section:
    CAA means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Public Law 101-549, 104 Statute 2399).
    Area source means any stationary source of HAP that is not a major 
source as defined in this part.
    Combustion turbine engine means a device in which air is compressed 
in a compressor, enters a combustion chamber, and is compressed further 
by the combustion of fuel injected into the combustion chamber. The hot 
compressed combustion gases then expand over a series of curved vanes 
or blades arranged on a central spindle that rotates.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitations;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limitation in this subpart during 
malfunction, regardless or whether or not such failure is permitted by 
this subpart.
    Engine means any internal combustion engine, any combustion turbine 
engine, or any rocket engine.
    Engine Test Cell/Stand means any apparatus used for testing 
uninstalled stationary or uninstalled mobile (motive) engines.
    Hazardous Air Pollutant (HAP) means any air pollutant listed in or 
pursuant to section 112(b) of the CAA.
    Internal combustion engine means a device in which air enters a 
combustion chamber, is mixed with fuel, compressed in the chamber, and 
combusted. Fuel may enter the combustion chamber with the air or be 
injected into the combustion chamber. Expansion of the hot combustion 
gases in the chamber rotates a shaft, either through a reciprocating or 
rotary action. For purposes of this subpart, this definition does not 
include combustion turbine engines.
    Major source, as used in this subpart, shall have the same meaning 
as in Sec.  63.2.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused in part by poor maintenance or careless 
operation are not malfunctions.
    Rated power means the maximum power output of an engine in use.
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions 
is federally enforceable.

[[Page 28794]]

    Responsible official means responsible official as defined by 40 
CFR 70.2.
    Rocket engine means a device consisting of a combustion chamber in 
which materials referred to as propellants, which provide both the fuel 
and the oxygen for combustion, are burned. Combustion gases escape 
through a nozzle, providing thrust.
    Uninstalled engine means an engine not installed in, or an 
integrated part of, the final product.

Tables to Subpart PPPPP of Part 63

       Table 1 to Subpart PPPPP of Part 63.--Emission Limitations
  You must comply with the emission limits that apply to your affected
      source in the following table as required by Sec.   63.9300:
------------------------------------------------------------------------
 For each new or reconstructed affected
    source located at a major source         You must meet one of the
  facility that is used in whole or in   following emission limitations:
         part for testing . . .
------------------------------------------------------------------------
1. internal combustion engines with      a. limit the concentration of
 rated power of 25 hp (19 kW) or more.    CO or THC to 20 ppmvd or less
                                          (corrected to 15 percent O2
                                          content); or
                                         b. achieve a reduction in CO or
                                          THC of 96 percent or more
                                          between the inlet and outlet
                                          concentrations (corrected to
                                          15 percent O2 content) of the
                                          emission control device.
------------------------------------------------------------------------


         Table 2 to Subpart PPPPP of Part 63.--Operating Limits
 If you are required to comply with operating limits in Sec.   63.9302,
  you must comply with the applicable operating limits in the following
                                 table:
------------------------------------------------------------------------
                                                        and you must
                                                         demonstrate
For the following device . .    You must meet the        continuous
              .                following operating   compliance with the
                                   limit . . .      operating limit by .
                                                             . .
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average        i. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.9306(c);
                               the combustion       ii. Reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec.    iii. Maintaining the
                               63.9324(a).           3-hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
-----------------------------
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.9306(c);
                               bed in any 3-hour    ii. Reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    iii. Maintaining the
                               according to Sec.     3-hour average
                               63.9324(b).           temperature before
                                                     the catalyst bed at
                                                     or above the
                                                     temperature limit.
                              b. Either ensure      i. Either collecting
                               that the average      the temperature
                               temperature           data according to
                               difference across     Sec.   63.9306(c),
                               the catalyst bed in   reducing the data
                               any 3-hour period     to 3-hour block
                               does not fall below   averages, and
                               the temperature       maintaining the 3-
                               difference limit      hour average
                               established           temperature
                               according to Sec.     difference at or
                               63.9324(b)(2) or      above the
                               develop and           temperature
                               implement an          difference limit;
                               inspection and        or
                               maintenance plan     ii. Complying with
                               according to Sec.     the inspection and
                               63.9324(b)(3) and     maintenance plan
                               (4).                  developed according
                                                     to Sec.
                                                     63.9324(b)(3) and
                                                     (4).
-----------------------------
3. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE according to    the air flow at all   direction of air
 Sec.   63.9322(a).            times must be into    flow; and either
                               the enclosure; and    the facial velocity
                               either                of air through all
                                                     natural draft
                                                     openings according
                                                     to Sec.
                                                     63.9306(d)(1) or
                                                     the pressure drop
                                                     across the
                                                     enclosure according
                                                     to Sec.
                                                     63.9306(d)(2); and
                                                    ii. Maintaining the
                                                     facial velocity of
                                                     air flow through
                                                     all natural draft
                                                     openings or the
                                                     pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
                              b. The average        Follow the
                               facial velocity of    requirements in 3ai
                               air through all       and ii of this
                               natural draft         table.
                               openings in the
                               enclosure must be
                               at least 200 feet
                               per minute; or
                              c. The pressure drop  Follow the
                               across the            requirements in 3ai
                               enclosure must be     and ii of this
                               at least 0.007 inch   table.
                               H2O, as established
                               in Method 204 of
                               appendix M to 40
                               CFR part 51.
-----------------------------

[[Page 28795]]

 
4. Emission capture system    a. The average gas    i. Collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec.   63.9322(a).         rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.9306(d);
                               device inlet in any  ii. Reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   iii. Maintaining the
                               flow rate or duct     3-hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according      capture device at
                               Sec.   63.9306(d).    or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limit.
------------------------------------------------------------------------


            Table 3 to Subpart PPPPP of Part 63.--Requirements for Initial Compliance Demonstrations
 As stated in Sec.   63.9321, you must demonstrate initial compliance with each emission limitation that applies
                                    to you according to the following table:
----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
    For each new or reconstructed           You must . . .            Using . . .         following requirements
 affected source complying with . . .                                                             . . .
----------------------------------------------------------------------------------------------------------------
1. The CO or THC outlet concentration  a. Demonstrate CO or     i. EPA Methods 3A and    You must demonstrate
 emission limitation.                   THC emissions are 20     10 of appendix A to 40   that the outlet
                                        ppmvd or less.           CFR part 60 for CO       concentration of CO or
                                                                 measurement or EPA       THC emissions from the
                                                                 Method 25A of appendix   test cell/stand or
                                                                 A to 40 CFR part 60      emission control
                                                                 for THC measurement;     device is 20 ppmvd or
                                                                 or                       less, corrected to 15
                                                                                          percent O2 content,
                                                                                          using the first 4-hour
                                                                                          rolling average after
                                                                                          a successful
                                                                                          performance
                                                                                          evaluation.
                                                                ii. A CEMS for CO or     This demonstration is
                                                                 THC and O2 at the        conducted immediately
                                                                 outlet of the engine     following a successful
                                                                 test cell/stand or       performance evaluation
                                                                 emission control         of the CEMS as
                                                                 device.                  required in Sec.
                                                                                          63.9320(b). The
                                                                                          demonstration consists
                                                                                          of the first 4-hour
                                                                                          rolling average of
                                                                                          measurements. The CO
                                                                                          or THC concentration
                                                                                          must be corrected to
                                                                                          15 percent O2 content,
                                                                                          dry basis using
                                                                                          Equation 1 in Sec.
                                                                                          63.9320.
--------------------------------------
2. The CO or THC percent reduction     a. Demonstrate a         i. You must conduct an   You must demonstrate
 emission limitation.                   reduction in CO or THC   initial performance      that the reduction in
                                        of 96 percent or more.   test to determine the    CO or THC emissions is
                                                                 capture and control      at least 96 percent
                                                                 efficiencies of the      using the first 4-hour
                                                                 equipment and to         rolling average after
                                                                 establish operating      a successful
                                                                 limits to be achieved    performance
                                                                 on a continuous basis;   evaluation. Your inlet
                                                                 or                       and outlet
                                                                                          measurements must be
                                                                                          on a dry basis and
                                                                                          corrected to 15
                                                                                          percent O2 content.
                                                                ii. A CEMS for CO or     This demonstration is
                                                                 THC and O2 at both the   conducted immediately
                                                                 inlet and outlet of      following a successful
                                                                 the emission control     performance evaluation
                                                                 device.                  of the CEMS as
                                                                                          required in Sec.
                                                                                          63.9320(b). The
                                                                                          demonstration consists
                                                                                          of the first 4-hour
                                                                                          rolling average of
                                                                                          measurements. The
                                                                                          inlet and outlet CO or
                                                                                          THC concentrations
                                                                                          must be corrected to
                                                                                          15 percent O2 content
                                                                                          using Equation 1 in
                                                                                          Sec.   63.9320. The
                                                                                          reduction in CO or THC
                                                                                          is calculated using
                                                                                          Equation 2 in Sec.
                                                                                          63.9320.
----------------------------------------------------------------------------------------------------------------


[[Page 28796]]


 Table 4 to Subpart PPPPP of Part 63.--Initial Compliance With Emission
                               Limitations
  As stated in Sec.   63.9330, you must demonstrate initial compliance
   with each emission limitation that applies to you according to the
                            following table:
------------------------------------------------------------------------
                                          You have demonstrated initial
             For the . . .                     compliance if . . .
------------------------------------------------------------------------
1. CO or THC concentration emission      The first 4-hour rolling
 limitation.                              average CO or THC
                                          concentration is 20 ppmvd or
                                          less, corrected to 15 percent
                                          O2 content.
----------------------------------------
2. CO or THC percent reduction emission  The first 4-hour rolling
 limitation.                              average reduction in CO or THC
                                          is 96 percent or more, dry
                                          basis, corrected to 15 percent
                                          O2 content.
------------------------------------------------------------------------


    Table 5 to Subpart PPPPP of Part 63.--Continuous Compliance with
                          Emission Limitations
 As stated in Sec.   63.9340, you must demonstrate continuous compliance
   with each emission limitation that applies to you according to the
                            following table:
------------------------------------------------------------------------
        For the . . .            You must . . .           By . . .
------------------------------------------------------------------------
1. CO or THC concentration    a. Demonstrate CO or  i. Collecting the
 emission limitation.          THC emissions are     CPMS data according
                               20 ppmvd or less      to Sec.
                               over each 4-hour      63.9306(a),
                               rolling averaging     reducing the
                               period.               measurements to 1-
                                                     hour averages; or
                                                    ii. Collecting the
                                                     CEMS data according
                                                     to Sec.
                                                     63.9307(a),
                                                     reducing the
                                                     measurements to 1-
                                                     hour averages,
                                                     correcting them to
                                                     15 percent O2
                                                     content, dry basis,
                                                     according to Sec.
                                                     63.9320;
-----------------------------
2. CO or THC percent          a. Demonstrate a      i. Collecting the
 reduction emission            reduction in CO or    CPMS data according
 limitation.                   THC of 96 percent     to Sec.
                               or more over each 4-  63.9306(a),
                               hour rolling          reducing the
                               averaging period.     measurements to 1-
                                                     hour averages; or
                                                    ii. Collecting the
                                                     CEMS data according
                                                     to Sec.
                                                     63.9307(b),
                                                     reducing the
                                                     measurements to 1-
                                                     hour averages,
                                                     correcting them to
                                                     15 percent O2
                                                     content, dry basis,
                                                     calculating the CO
                                                     or THC percent
                                                     reduction according
                                                     to Sec.   63.9320.
------------------------------------------------------------------------


     Table 6 to Subpart PPPPP of Part 63.--Requirements for Reports
As stated in Sec.   63.9350, you must submit each report that applies to
                  you according to the following table:
------------------------------------------------------------------------
 If you own or operate a new
  or reconstructed affected
source that must comply with     The report must     You must submit the
  emission limitations, you       contain . . .         report . . .
     must submit a . . .
------------------------------------------------------------------------
1. Compliance report........  a. If there are no    Semiannually,
                               deviations from the   according to the
                               emission              requirements in
                               limitations that      Sec.   63.9350.
                               apply to you, a
                               statement that
                               there were no
                               deviations from the
                               emission
                               limitations during
                               the reporting
                               period.
                              b. If there were no   Semiannually,
                               periods during        according to the
                               which the CEMS or     requirements in
                               CPMS were out of      Sec.   63.9350.
                               control as
                               specified in Sec.
                               63.8(c)(7), a
                               statement that
                               there were no
                               periods during
                               which the CEMS or
                               CPMS was out of
                               control during the
                               reporting period.
                              c. If you have a      Semiannually,
                               deviation from any    according to the
                               emission limitation   requirements in
                               during the            Sec.   63.9350.
                               reporting period,
                               the report must
                               contain the
                               information in Sec.
                                 63.9350(c).
                              d. If there were      Semiannually,
                               periods during        according to the
                               which the CEMS or     requirements in
                               CPMS were out of      Sec.   63.9350.
                               control, as
                               specified in Sec.
                               63.8(c)(7), that
                               report must contain
                               the information in
                               Sec.   63.9350(d).
                              e. If you had an SSM  Semiannually,
                               of a control device   according to the
                               or associated         requirements in
                               monitoring            Sec.   63.9350.
                               equipment during
                               the reporting
                               period, the report
                               must include the
                               information in Sec.
                                 63.10(d)(5)(i).
------------------------------------------------------------------------


[[Page 28797]]


           Table 7 to Subpart PPPPP of Part 63.--Applicability of General Provisions to Subpart PPPPP
 As stated in 63.9365, you must comply with the General Provisions in Sec.  Sec.   63.1 through 63.15 that apply
                                    to you according to the following table:
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              PPPPP
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)....................  Applicability..........  General applicability    Yes. Additional terms
                                                                 of the General           defined in Sec.
                                                                 Provisions.              63.9375.
--------------------------------------
Sec.   63.1(a)(2)-(4)................  Applicability..........  Applicability of source  Yes.
                                                                 categories.
--------------------------------------
Sec.   63.1(a)(5)....................  [Reserved].............
--------------------------------------
Sec.   63.1(a)(6)-(7)................  Applicability..........  Contact for source       Yes.
                                                                 category information;
                                                                 extension of
                                                                 compliance through
                                                                 early reduction.
--------------------------------------
Sec.   63.1(a)(8)....................  Applicability..........  Establishment of State   No. Refers to State
                                                                 rules or programs.       programs.
--------------------------------------
Sec.   63.1(a)(9)....................  [Reserved].............
--------------------------------------
Sec.   63.1(a)(10)-(14)..............  Applicability..........  Explanation of time      Yes.
                                                                 periods, postmark
                                                                 deadlines.
--------------------------------------
Sec.   63.1(b)(1)....................  Applicability..........  Initial applicability..  Yes. Subpart PPPPP
                                                                                          clarifies
                                                                                          applicability at Sec.
                                                                                           63.9285.
--------------------------------------
Sec.   63.1(b)(2)....................  Applicability..........  Title V operating        Yes. All major affected
                                                                 permit-reference to      sources are required
                                                                 part 70.                 to obtain a Title V
                                                                                          permit.
--------------------------------------
Sec.   63.1(b)(3)....................  Applicability..........  Record of applicability  Yes.
                                                                 determination.
--------------------------------------
Sec.   63.1(c)(1)....................  Applicability..........  Applicability after      Yes. Subpart PPPPP
                                                                 standards are set.       clarifies the
                                                                                          applicability of each
                                                                                          paragraph of subpart A
                                                                                          to sources subject to
                                                                                          subpart PPPPP.
--------------------------------------
Sec.   63.1(c)(2)....................  Applicability..........  Title V permit           No. Area sources are
                                                                 requirement for area     not subject to subpart
                                                                 sources.                 PPPPP.
--------------------------------------
Sec.   63.1(c)(3)....................  [Reserved].............
--------------------------------------
Sec.   63.1(c)(4)....................  Applicability..........  Extension of compliance  No. Existing sources
                                                                 for existing sources.    are not covered by the
                                                                                          substantive control
                                                                                          requirements of
                                                                                          subpart PPPPP.
--------------------------------------
Sec.   63.1(c)(5)....................  Applicability..........  Notification             Yes.
                                                                 requirements for an
                                                                 area source becoming a
                                                                 major source.
--------------------------------------
Sec.   63.1(d).......................  [Reserved].............
--------------------------------------
Sec.   63.1(e).......................  Applicability..........  Applicability of permit  Yes.
                                                                 program before a
                                                                 relevant standard has
                                                                 been set.
--------------------------------------
Sec.   63.2..........................  Definitions............  Definitions for Part 63  Yes. Additional
                                                                 standards.               definitions are
                                                                                          specified in Sec.
                                                                                          63.9375.
--------------------------------------
Sec.   63.3..........................  Units and Abbreviations  Units and abbreviations  Yes.
                                                                 for Part 63 standards.
--------------------------------------
Sec.   63.4..........................  Prohibited Activities..  Prohibited activities;   Yes.
                                                                 compliance date;
                                                                 circumvention,
                                                                 severability.
--------------------------------------
Sec.   63.5(a).......................  Construction/            Construction and         Yes.
                                        Reconstruction.          reconstruction--applic
                                                                 ability.
--------------------------------------
Sec.   63.5(b)(1)....................  Construction/            Requirements upon        Yes.
                                        Reconstruction.          construction or
                                                                 reconstruction.
--------------------------------------
Sec.   63.5(b)(2)....................  [Reserved].
--------------------------------------

[[Page 28798]]

 
Sec.   63.5(b)(3)....................  Construction/            Approval of              Yes.
                                        Reconstruction.          construction.
--------------------------------------
Sec.   63.5(b)(4)....................  Construction/            Notification of          Yes.
                                        Reconstruction.          construction.
--------------------------------------
Sec.   63.5(b)(5)....................  Construction/            Compliance.............  Yes.
                                        Reconstruction.
--------------------------------------
Sec.   63.5(b)(6)....................  Construction/            Addition of equipment..  Yes.
                                        Reconstruction.
--------------------------------------
Sec.   63.5(c).......................  [Reserved]
--------------------------------------
Sec.   63.5(d).......................  Construction/            Application for          Yes.
                                        Reconstruction.          construction
                                                                 reconstruction.
--------------------------------------
Sec.   63.5(e).......................  Construction/            Approval of              Yes.
                                        Reconstruction.          construction or
                                                                 reconstruction.
--------------------------------------
Sec.   63.5(f).......................  Construction/            Approval of              Yes.
                                        Reconstruction.          construction or
                                                                 reconstruction based
                                                                 on prior State review.
--------------------------------------
Sec.   63.6(a).......................  Applicability..........  Applicability of         Yes.
                                                                 standards and
                                                                 monitoring
                                                                 requirements.
--------------------------------------
Sec.   63.6(b)(1)-(2)................  Compliance Dates for     Standards apply at       Yes.
                                        New and Reconstructed    effective date; 3
                                        Sources.                 years after effective
                                                                 date; upon startup; 10
                                                                 years after
                                                                 construction or
                                                                 reconstruction
                                                                 commences for 112(f).
--------------------------------------
Sec.   63.6(b)(3)....................  Compliance Dates for     Compliance dates for     No. Compliance is
                                        New and Reconstructed    sources constructed or   required by startup or
                                        Sources.                 reconstructed before     effective date.
                                                                 effective date.
--------------------------------------
Sec.   63.6(b)(4)....................  Compliance Dates for     Compliance dates for     Yes.
                                        New and Reconstructed    sources also subject
                                        Sources.                 to Sec.   112(f)
                                                                 standards.
--------------------------------------
Sec.   63.6(b)(5)....................  Compliance Dates for     Notification...........  Yes.
                                        New and Reconstructed
                                        Sources.
--------------------------------------
Sec.   63.6(b)(6)....................  [Reserved].
--------------------------------------
Sec.   63.6(b)(7)....................  Compliance Dates for     Compliance dates for     Yes.
                                        New and Reconstructed    new and reconstructed
                                        Sources.                 area sources that
                                                                 become major.
--------------------------------------
Sec.   63.6(c)(1)-(2)................  Compliance Dates for     Effective date           No. Existing sources
                                        Existing Sources.        establishes compliance   are not covered by the
                                                                 date.                    substantive control
                                                                                          requirements of
                                                                                          subpart PPPPP.
--------------------------------------
Sec.   63.6(c)(3)-(4)................  [Reserved].
--------------------------------------
Sec.   63.6(c)(5)....................  Compliance Dates for     Compliance dates for     Yes. If the area source
                                        Existing Sources.        existing area sources    become a major source
                                                                 that becomes major.      by addition or
                                                                                          reconstruction, the
                                                                                          added or reconstructed
                                                                                          portion will be
                                                                                          subject to subpart
                                                                                          PPPPP.
--------------------------------------
Sec.   63.6(d).......................  [Reserved].
--------------------------------------
Sec.   63.6(e)(1)-(2)................  Operation and            Operation and            Yes. Except that you
                                        Maintenance              maintenance.             are not required to
                                        Requirements.                                     have an SSMP for
                                                                                          control devices and
                                                                                          associated monitoring
                                                                                          equipment.
--------------------------------------
Sec.   63.6(e)(3)....................  SSMP...................  1. Requirement for SSM   Yes.You must develop an
                                                                 and SSMP.                SSMP for each control
                                                                2. Content of SSMP.....   device and associated
                                                                                          monitoring equipment.
--------------------------------------

[[Page 28799]]

 
Sec.   63.6(f)(1)....................  Compliance Except        You must comply with     Yes, but you must
                                        During SSM.              emission standards at    comply with emission
                                                                 all times except         standards at all times
                                                                 during SSM of control    except during SSM of
                                                                 devices or associated    control devices and
                                                                 monitoring equipment.    associated monitoring
                                                                                          equipment only.
--------------------------------------
Sec.   63.6(f)(2)-(3)................  Methods for Determining  Compliance based on      Yes.
                                        Compliance.              performance test,
                                                                 operation and
                                                                 maintenance plans,
                                                                 records, inspection.
--------------------------------------
Sec.   63.6(g)(1)-(3)................  Alternative Standard...  Procedures for getting   Yes.
                                                                 an alternative
                                                                 standard.
--------------------------------------
Sec.   63.6(h).......................  Opacity/Visible          Requirements for         No. Subpart PPPPP does
                                        Emission (VE)            opacity/VE standards.    not establish opacity/
                                        Standards.                                        VE standards and does
                                                                                          not require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
--------------------------------------
Sec.   63.6(i)(1)-(14)...............  Compliance Extension...  Procedures and criteria  No. Compliance
                                                                 for Administrator to     extension provisions
                                                                 grant compliance         apply to existing
                                                                 extension.               sources, which do not
                                                                                          have emission
                                                                                          limitations in subpart
                                                                                          PPPPP.
--------------------------------------
Sec.   63.6(j).......................  Presidential Compliance  President may exempt     Yes.
                                        Exemption.               source category from
                                                                 requirement to comply
                                                                 with rule.
--------------------------------------
Sec.   63.7(a)(1)-(2)................  Performance Test Dates.  Dates for conducting     Yes.
                                                                 initial performance
                                                                 testing and other
                                                                 compliance
                                                                 demonstrations: Must
                                                                 conduct within 180
                                                                 days after first
                                                                 subject to rule.
--------------------------------------
Sec.   63.7(a)(3)....................  Section 114 Authority..  Administrator may        Yes.
                                                                 require a performance
                                                                 test under CAA Section
                                                                 114 at any time.
--------------------------------------
Sec.   63.7(b)(1)....................  Notification             Must notify              Yes.
                                        Performance Test.        Administrator 60 days
                                                                 before the test.
--------------------------------------
Sec.   63.7(b)(2)....................  Notification of          If have to reschedule    Yes.
                                        Rescheduling.            performance test, must
                                                                 notify Administrator 5
                                                                 days before schedule
                                                                 date of rescheduled
                                                                 date.
--------------------------------------
Sec.   63.7(c).......................  Quality Assurance/Test   1. Requirement to        Yes.
                                        Plan.                    submit site-specific
                                                                 test plan 60 days
                                                                 before the test or on
                                                                 date Administrator
                                                                 agrees with.
                                                                2. Test plan approval    Yes.
                                                                 procedures.
                                                                3. Performance audit     Yes.
                                                                 requirements.
                                                                4. Internal and          Yes.
                                                                 external QA procedures
                                                                 for testing.
--------------------------------------
Sec.   63.7(d).......................  Testing Facilities.....  Requirements for         Yes.
                                                                 testing facilities.
--------------------------------------
Sec.   63.7(e)(1)....................  Conditions for           Performance tests must   Yes.
                                        Conducting Performance   be conducted under
                                        Tests.                   representative
                                                                 conditions; cannot
                                                                 conduct performance
                                                                 tests during SSM; not
                                                                 a violation to exceed
                                                                 standard during SSM.
--------------------------------------
Sec.   63.7(e)(2)....................  Conditions for           Must conduct according   Yes.
                                        Conducting Performance   to rule and EPA test
                                        Tests.                   methods unless
                                                                 Administrator approves
                                                                 alternative.
--------------------------------------

[[Page 28800]]

 
Sec.   63.7(e)(3)....................  Test Run Duration......  1. Must have three test  Yes.
                                                                 runs of at least 1
                                                                 hour each.
                                                                2. Compliance is based   Yes.
                                                                 on arithmetic mean of
                                                                 three runs.
                                                                3. Conditions when data  Yes.
                                                                 from an additional
                                                                 test run can be used.
--------------------------------------
Sec.   63.7(e)(4)....................  Other Performance        Administrator may        Yes.
                                        Testing.                 require other testing
                                                                 under section 114 of
                                                                 the CAA.
--------------------------------------
Sec.   63.7(f).......................  Alternative Test Method  Procedures by which      Yes.
                                                                 Administrator can
                                                                 grant approval to use
                                                                 an alternative test
                                                                 method.
--------------------------------------
Sec.   63.7(g).......................   Performance Test Data   1. Must include raw      Yes.
                                        Analysis.                data in performance
                                                                 test report.
                                                                2. Must submit           Yes.
                                                                 performance test data
                                                                 60 days after end of
                                                                 test with the
                                                                 Notification of
                                                                 Compliance Status.
                                                                3. Keep data for 5       Yes.
                                                                 years.
--------------------------------------
Sec.   63.7(h).......................  Waiver of Tests........  Procedures for           Yes.
                                                                 Administrator to waive
                                                                 performance test.
Sec.   63.8(a)(1)....................  Applicability of         Subject to all           Yes. Subpart PPPPP
                                        Monitoring               monitoring               contains specific
                                        Requirements.            requirements in          requirements for
                                                                 standard.                monitoring at Sec.
                                                                                          63.9325.
--------------------------------------
Sec.   63.8(a)(2)....................  Performance              Performance              Yes.
                                        Specifications.          Specifications in
                                                                 appendix B of part 60
                                                                 apply.
--------------------------------------
Sec.   63.8(a)(3)....................  [Reserved]
--------------------------------------
Sec.   63.8(a)(4)....................  Monitoring with Flares.  Unless your rule says    No. Subpart PPPPP does
                                                                 otherwise, the           not have monitoring
                                                                 requirements for         requirements for
                                                                 flares in 63.11 apply.   flares.
--------------------------------------
Sec.   63.8(b)(1)....................  Monitoring.............  Must conduct monitoring  Yes.
                                                                 according to standard
                                                                 unless Administrator
                                                                 approves alternative.
--------------------------------------
Sec.   63.8(b)(2)-(3)................  Multiple Effluents and   1. Specific              Yes.
                                        Multiple Monitoring      requirements for
                                        Systems.                 installing monitoring
                                                                 systems.
                                                                2. Must install on each  Yes.
                                                                 effluent before it is
                                                                 combined and before it
                                                                 is released to the
                                                                 atmosphere unless
                                                                 Administrator approves
                                                                 otherwise.
                                                                3. If more than one      Yes.
                                                                 monitoring system on
                                                                 an emission point,
                                                                 must report all
                                                                 monitoring system
                                                                 results, unless one
                                                                 monitoring system is a
                                                                 backup.
--------------------------------------
Sec.   63.8(c)(1)....................  Monitoring System        Maintain monitoring      Yes.
                                        Operation and            system in a manner
                                        Maintenance.             consistent with good
                                                                 air pollution control
                                                                 practices.
--------------------------------------
Sec.   63.8(c)(1)(i).................  Routine and Predictable  1. Follow the SSMP for   Yes.
                                        CMS Malfunctions.        routine repairs of CMS.
                                                                2. Keep parts for        Yes.
                                                                 routine repairs of CMS
                                                                 readily available.
                                                                3. Reporting             Yes.
                                                                 requirements for SSM
                                                                 when action is
                                                                 described in SSMP.
--------------------------------------
Sec.   63.8(c)(1)(ii)................  SSM of CMS Not in SSMP.  Reporting requirements   Yes.
                                                                 for SSM of CMS when
                                                                 action is not
                                                                 described in SSMP.
--------------------------------------

[[Page 28801]]

 
Sec.   63.8(c)(1)(iii)...............  Compliance with          1. How Administrator     Yes.
                                        Operation and            determines if source
                                        Maintenance              complying with
                                        Requirements.            operation and
                                                                 maintenance
                                                                 requirements.
                                                                2. Review of source O&M
                                                                 procedures, records,
                                                                 manufacturer's
                                                                 instructions and
                                                                 recommendations, and
                                                                 inspection.
--------------------------------------
Sec.   63.8(c)(2)-(3)................  Monitoring System        1. Must install to get   Yes.
                                        Installation.            representative
                                                                 emission of parameter
                                                                 measurements.
                                                                2. Must verify           Yes.
                                                                 operational status
                                                                 before or at
                                                                 performance test.
--------------------------------------
Sec.   63.8(c)(4)....................  Continuous Monitoring    1. CMS must be           No. Follow specific
                                        System (CMS)             operating except         requirements in Sec.
                                        Requirements.            during breakdown, out    63.9335(a) and (b) of
                                                                 of control, repair,      subpart PPPPP.
                                                                 maintenance, and high-
                                                                 level calibration
                                                                 drifts.
                                                                2. COMS must have a      No. Follow specific
                                                                 minimum of one cycle     requirements in Sec.
                                                                 of sampling and          63.9335(a) and (b) of
                                                                 analysis for each        subpart PPPP.
                                                                 successive 10-second
                                                                 period and one cycle
                                                                 of data recording for
                                                                 each successive 6-
                                                                 minute period.
                                                                3. CEMS must have a      No. Follow specific
                                                                 minimum of one cycle     requirements in Sec.
                                                                 of operation for each    63.9335(a) and (b) of
                                                                 successive 15-minute     subpart PPPPP.
                                                                 period.
--------------------------------------
Sec.   63.8(c)(5)....................  COMS Minimum Procedures   COMS minimum            No. Subpart PPPPP does
                                                                 procedures.              not have opacity/VE
                                                                                          standards.
--------------------------------------
Sec.   63.8(c)(6)-(8)................  CMS Requirements.......  Zero and high-level      Yes. Except that PPPP
                                                                 calibration check        does not require COMS.
                                                                 requirements, out-of-
                                                                 control periods.
--------------------------------------
Sec.   63.8(d).......................  CMS Quality Control....  1. Requirements for CMS  Yes.
                                                                 quality control,
                                                                 including calibration,
                                                                 etc.
                                                                2. Must keep quality     Yes.
                                                                 control plan on record
                                                                 for 5 years. Keep old
                                                                 versions for 5 years
                                                                 after revisions.
--------------------------------------
Sec.   63.8(e).......................  CMS Performance          Notification,            Yes. Except for Sec.
                                        Evaluation.              performance evaluation   63.8(e)(5)(ii), which
                                                                 test plan, reports.      applies to COMS.
--------------------------------------
Sec.   63.8(f)(1)-(5)................  Alternative Monitoring   Procedures for           Yes.
                                        Method.                  Administrator to
                                                                 approve alternative
                                                                 monitoring.
--------------------------------------
Sec.   63.8(f)(6)....................  Alternative to Relative  Procedures for           Yes.
                                        Accuracy Test.           Administrator to
                                                                 approve alternative
                                                                 relative accuracy
                                                                 tests for CEMS.
--------------------------------------
Sec.   63.8(g).......................  Data Reduction.........  1. COMS 6-minute         Yes. Except that
                                                                 averages calculated      provisions for COMS
                                                                 over at least 36         are not applicable.
                                                                 evenly spaced data       Averaging periods for
                                                                 points.                  demonstrating
                                                                2. CEMS 1-hour averages   compliance are
                                                                 computed over at least   specified at Sec.
                                                                 4 equally spaced data    63.9340.
                                                                 points.
--------------------------------------
Sec.   63.8(g)(5)....................  Data Reduction.........  Data that cannot be      No. Specific language
                                                                 used in computing        is located at Sec.
                                                                 averages for CEMS and    63.9335(a).
                                                                 COMS.
--------------------------------------
Sec.   63.9(a).......................  Notification             Applicability and State  Yes.
                                        Requirements.            delegation.
--------------------------------------
Sec.   63.9(b)(1)-(5)................  Initial Notifications..  1. Submit notification   Yes.
                                                                 subject 120 days after
                                                                 effective date.

[[Page 28802]]

 
                                                                2. Notification of       Yes.
                                                                 intent to construct/
                                                                 reconstruct;
                                                                 notification of
                                                                 commencement of
                                                                 construct/
                                                                 reconstruct;
                                                                 notification of
                                                                 startup.
                                                                3. Contents of each....  Yes.
--------------------------------------
Sec.   63.9(c).......................  Request for Compliance   Can request if cannot    No. Compliance
                                        Extension.               comply by date or if     extensions do not
                                                                 installed BACT/LAER.     apply to new or
                                                                                          reconstructed sources.
--------------------------------------
Sec.   63.9(d).......................  Notification of Special  For sources that         Yes.
                                        Compliance               commence construction
                                        Requirements for New     between proposal and
                                        Source.                  promulgation and want
                                                                 to comply 3 years
                                                                 after effective date.
--------------------------------------
Sec.   63.9(e).......................  Notification of          Notify Administrator 60  No. Subpart PPPPP does
                                        Performance Test.        days prior.              not require
                                                                                          performance testing.
--------------------------------------
Sec.   63.9(f).......................  Notification of Opacity/ Notify Administrator 30  No. Subpart PPPPP does
                                        VE Test.                 days prior.              not have opacity/VE
                                                                                          standards.
--------------------------------------
Sec.   63.9(g)(1)....................  Additional               Notification of          Yes.
                                        Notifications when       performance evaluation.
                                        Using CMS.
--------------------------------------
Sec.   63.9(g)(2)....................  Additional               Notification of use of   No. Subpart PPPPP does
                                        Notifications when       COMS data.               not contain opacity or
                                        Using CMS.                                        VE standards.
--------------------------------------
Sec.   63.9(g)(3)....................  Additional               Notification that        Yes. If alternative is
                                        Notifications when       exceeded criterion for   in use.
                                        Using CMS.               relative accuracy.
--------------------------------------
Sec.   63.9(h)(1)-(6)................  Notification of          1. Contents............  Yes.
                                        Compliance Status.
                                                                2. Due 60 days after     Yes.
                                                                 end of performance
                                                                 test or other
                                                                 compliance
                                                                 demonstration, except
                                                                 for opacity/VE, which
                                                                 are due 30 days after.
                                                                3. When to submit to     Yes.
                                                                 Federal vs. State
                                                                 authority.
--------------------------------------
Sec.   63.9(i).......................  Adjustment of Submittal  Procedures for           Yes.
                                        Deadlines.               Administrator to
                                                                 approve change in when
                                                                 notifications must be
                                                                 submitted.
--------------------------------------
Sec.   63.9(j).......................  Change in Previous       Must submit within 15    Yes.
                                        Information.             days after the change.
--------------------------------------
Sec.   63.10(a)......................  Recordkeeping/Reporting  1. Applies to all,       Yes.
                                                                 unless compliance
                                                                 extension.
                                                                2. When to submit to     Yes.
                                                                 Federal vs. State
                                                                 authority.
                                                                3. Procedures for        Yes.
                                                                 owners of more than
                                                                 one source.
--------------------------------------
Sec.   63.10(b)(1)...................  Recordkeeping/Reporting  1. General requirements  Yes.
                                                                2. Keep all records      Yes.
                                                                 readily available.
                                                                3. Keep for 5 years....  Yes.
--------------------------------------
Sec.   63.10(b)(2)(i)-(v)............  Records Related to SSM.  1. Occurrence of each    Yes.
                                                                 of operation (process
                                                                 equipment).
                                                                2. Occurrence of each    Yes.
                                                                 malfunction of air
                                                                 pollution equipment.
                                                                3. Maintenance on air    Yes.
                                                                 pollution control
                                                                 equipment.
                                                                4. Actions during SSM..  Yes.
                                                                5. All information       Yes.
                                                                 necessary to
                                                                 demonstrate
                                                                 conformance with the
                                                                 SSMP.
--------------------------------------

[[Page 28803]]

 
Sec.   63.10(b)(2)(vi)-(xi)..........  CMS Records............  Malfunctions,            Yes.
                                                                 inoperative, out of
                                                                 control.
--------------------------------------
Sec.   63.10(b)(2)(xii)..............  Records................  Records when under       Yes.
                                                                 waiver.
--------------------------------------
Sec.   63.10(b)(2)(xiii).............  Records................  Records when using       Yes.
                                                                 alternative to
                                                                 relative accuracy test.
--------------------------------------
Sec.   63.10(b)(2)(xiv)..............  Records................  All documentation        Yes.
                                                                 supporting initial
                                                                 notification and
                                                                 notification of
                                                                 compliance status.
--------------------------------------
Sec.   63.10(b)(3)...................  Records................  Applicability            Yes.
                                                                 determinations.
--------------------------------------
Sec.   63.10(c)(1)-(6), (9)-(15).....  Records................  Additional records for   Yes.
                                                                 CEMS.
--------------------------------------
Sec.   63.10(c)(7)-(8)...............  Records................  Records of excess        No. Specific language
                                                                 emissions and            is located at Sec.
                                                                 parameter monitoring     63.9355 of subpart
                                                                 exceedances for CMS.     PPPPP.
--------------------------------------
Sec.   63.10(d)(1)...................  General Reporting        Requirement to report..  Yes.
                                        Requirements.
--------------------------------------
Sec.   63.10(d)(2)...................  Report of Performance    When to submit to        Yes.
                                        Test Results.            Federal or State
                                                                 authority.
--------------------------------------
Sec.   63.10(d)(3)...................  Reporting Opacity or VE  What to report and when  No. Subpart PPPPP does
                                        Observations.                                     not have opacity/VE
                                                                                          standards.
--------------------------------------
Sec.   63.10(d)(4)...................  Progress Reports.......  Must submit progress     No. Compliance
                                                                 reports on schedule if   extensions do not
                                                                 under compliance         apply to new or
                                                                 extension.               reconstructed sources.
--------------------------------------
Sec.   63.10(d)(5)...................  SSM Reports............  Contents and submission  Yes.
--------------------------------------
Sec.   63.10(e)(1) and (2)(i)........  Additional CMS Reports.  Additional CMS reports.  Yes.
--------------------------------------
Sec.   63.10(e)(2)(ii)...............  Additional CMS Reports.  COMS-related report....  No. Subpart PPPPP does
                                                                                          not require COMS.
--------------------------------------
Sec.   63.10(e)(3)...................  Additional CMS Reports.  Excess emissions and     No. Specific language
                                                                 parameter exceedances    is located in Sec.
                                                                 reports.                 63.9350 of subpart
                                                                                          PPPPP.
--------------------------------------
Sec.   63.10(e)(4)...................  Additional CMS Reports.  Reporting COMS data....  No. Subpart PPPPP does
                                                                                          not require COMS.
--------------------------------------
Sec.   63.10(f)......................  Waiver for               Procedures for           Yes.
                                        Recordkeeping/           Administrator to waive.
                                        Reporting.
--------------------------------------
Sec.   63.11.........................  Control Device           Requirements for flares  No. Subpart PPPPP does
                                        Requirements.                                     not specify use of
                                                                                          flares for compliance.
--------------------------------------
Sec.   63.12.........................  State Authority and      State authority to       Yes.
                                        Delegations.             enforce standards.
--------------------------------------
Sec.   63.13.........................  Addresses of State Air   Addresses where          Yes.
                                        Pollution Control        reports,
                                        Offices and EPA          notifications, and
                                        Regional Offices.        requests are sent.
--------------------------------------
Sec.   63.14.........................  Incorporations by        Test methods             Yes. ASTM D 6522-00 and
                                        Reference.               incorporated by          ANSI/ASME PTC 19.10-
                                                                 reference.               1981 (incorporated by
                                                                                          reference-See Sec.
                                                                                          63.14).
--------------------------------------
Sec.   63.15.........................  Availability of          Public and confidential  Yes.
                                        Information and          information.
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


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[FR Doc. 03-5521 Filed 5-23-03; 8:45 am]
BILLING CODE 6560-50-P