[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Rules and Regulations]
[Pages 70505-70525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18766]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2022-0879; FRL-8899-02-OAR]
RIN 2060-AV40
National Emission Standards for Hazardous Air Pollutants:
Reciprocating Internal Combustion Engines and New Source Performance
Standards: Internal Combustion Engines; Electronic Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
amendments to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Reciprocating Internal Combustion Engines
(RICE), the New Source Performance Standards (NSPS) for Stationary
Compression Ignition (CI) Internal Combustion Engines, and the NSPS for
Stationary Spark Ignition (SI) Internal Combustion Engines, to add
electronic reporting provisions. The addition of electronic reporting
provisions will provide for simplified reporting by sources and enhance
availability of data on sources to the EPA and the public. In addition,
a small number of clarifications and corrections to these rules are
being finalized to provide clarification and correct inadvertent and
other minor errors in the Code of Federal Regulations (CFR),
particularly related to tables.
DATES: This final rule is effective on August 30, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2022-0879. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed,
some information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Christopher Werner, Sector Policies
and Programs Division (D243-01), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander
Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number:
(919) 541-5133; and email address: [email protected].
SUPPLEMENTARY INFORMATION: Organization of this document. The
information in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. Judicial Review and Administrative Review
II. Background
III. What changes did we propose and what changes are we finalizing?
A. Summary of Actions Proposed
B. Electronic Reporting
C. Clarifications to Table 4 in NSPS Subpart IIII
D. Correction of Inadvertent Errors in NESHAP Subpart ZZZZ
E. Clarifications to the Oil Change Requirement in NESHAP
Subpart ZZZZ
F. Other Requests for Comments
G. Effective Date and Compliance Dates
IV. Summary of Cost, Environmental, and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the benefits?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing our Nation's
Commitment to Environmental Justice for All
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
Categories and entities potentially regulated by this action
include industries using stationary engines, including both compression
and spark ignition internal combustion engines, such as: Electric power
generation, transmission, or distribution; Medical and surgical
hospitals; Natural gas transmission; Crude petroleum and
[[Page 70506]]
natural gas production; Natural gas liquids producers; and National
security. North American Industry Classification System Codes of
potentially regulated industries may include 2211, 622110, 48621,
211111, 211112, and 92811. This list is not intended to be exhaustive,
but rather to provide a guide for readers regarding entities likely to
be affected by the action for the source category listed. To determine
whether your facility is affected, you should examine the applicability
criteria in the rules. If you have any questions regarding the
applicability of any aspect of this action, please contact the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section of this
preamble.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this final action is available on the internet at https://www.epa.gov/stationary-engines. Following publication in the Federal Register, the
EPA will post the Federal Register version of the final rule and key
technical documents at this same website.
C. Judicial Review and Administrative Review
Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final action is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
(the court) by October 29, 2024. Under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce the requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for the EPA to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment, (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Office of the Administrator, U.S. Environmental Protection Agency,
Room 3000, WJC West Building, 1200 Pennsylvania Ave. NW, Washington, DC
20460, with a copy to both the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section, and the Associate General Counsel
for the Air and Radiation Law Office, Office of General Counsel (Mail
Code 2344A), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
II. Background
Stationary engines are used in a variety of applications from
generating electricity to powering pumps and compressors in power and
manufacturing plants. They are also used in the event of an emergency
such as fire or flood. The key air pollutants the EPA regulates from
these sources include formaldehyde, acetaldehyde, acrolein, methanol,
polycyclic aromatic hydrocarbon, volatile organic compounds, carbon
monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and
hydrocarbons.
A CI engine, or diesel engine, is a type of engine in which the
fuel injected into the combustion chamber is ignited by a heat
resulting from the compression of gases inside the cylinder. A SI
engine is a type of engine in which the fuel-air mixture in the
combustion chamber is ignited by a spark from a spark plug.
The NESHAP for RICE is codified in 40 CFR part 63, subpart ZZZZ,
which was first promulgated in 2004. The NSPS for Stationary CI
Internal Combustion Engines (ICE) is codified in 40 CFR part 60,
subpart IIII, which was first promulgated in 2006. The NSPS for
Stationary SI Internal Combustion Engines is codified in 40 CFR part
60, subpart JJJJ, which was first promulgated in 2008. All have been
amended several times since promulgation.
III. What changes did we propose and what changes are we finalizing?
A. Summary of Actions Proposed
On June 26, 2023 (88 FR 41361), the EPA proposed the following
pursuant to CAA sections 111 and 112: addition of requirements for
electronic reporting to 40 CFR part 60, subpart IIII, 40 CFR part 60,
subpart JJJJ, and 40 CFR part 63, subpart ZZZZ; clarifications to table
4 in 40 CFR part 60, subpart IIII due to incorrect display in the CFR;
the correction of inadvertent errors in 40 CFR part 63, subpart ZZZZ,
specifically in 40 CFR 63.6625(j) the need to reference additional line
items in table 2d; and clarifications to the oil change requirements
for certain engines as referenced in 40 CFR part 63, subpart ZZZZ,
tables 2c and 2d. The following sections discuss the proposed changes
in more detail, along with significant comments received and the EPA's
response to those comments, and the final amendments to the rules,
including any changes to what was proposed that are being made as a
result of comments received. For additional comments and responses,
please see the document, Summary of Public Comments and EPA's Responses
National Emission Standards for Hazardous Air Pollutants: Reciprocating
Internal Combustion Engines and New Source Performance Standards:
Internal Combustion Engines; Electronic Reporting, available in the
docket for this action. The EPA also solicited comments to aid in its
consideration of the appropriate next steps following remand of the
provisions specifying that emergency engines can operate for up to 50
hours per year to mitigate local transmission and/or distribution
limitations to avert potential voltage collapse or line overloads that
could lead to the interruption of power supply in a local area or
region by the court. The EPA appreciates the comments and information
that were provided during the public comment period and will consider
them as it assesses the appropriate path forward but is not responding
to these comments or taking further action on these provisions at this
time.
B. Electronic Reporting
The EPA proposed that owners and operators of stationary engines
subject to NSPS subparts IIII or JJJJ, or NESHAP subpart ZZZZ, submit
electronic copies of certain initial notifications of compliance,
performance test reports, Notification of Compliance Status (NOCS), and
annual and semiannual compliance reports through the EPA's Central Data
Exchange (CDX) using the Compliance and Emissions Data Reporting
Interface (CEDRI). A description of the electronic data submission
process was provided in the memorandum Electronic Reporting
Requirements for New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules and was
placed in the docket at the time of proposal. The EPA proposed that the
initial notification of compliance be submitted through CEDRI, that
performance test results collected using test methods that are
supported by the EPA's Electronic Reporting Tool (ERT) as listed on the
[[Page 70507]]
ERT website \1\ at the time of the test be submitted in the format
generated through the use of the ERT or an electronic file consistent
with the extensible markup language (XML) schema on the ERT website,
and that other performance test results be submitted in portable
document format (PDF) using the attachment module of the ERT. The EPA
also proposed that NOCS for NESHAP subpart ZZZZ be submitted as a PDF
upload in CEDRI.
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\1\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
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For annual and semiannual compliance reports, the EPA proposed that
owners and operators use the appropriate spreadsheet template to submit
information to CEDRI. Draft versions of the proposed templates for
these reports were included in the docket at the time of proposal.\2\
The EPA specifically requested comment on the content, layout, and
overall design of the templates.
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\2\ See
60.4214d3_annual_report_bulk_upload_template_ICRDraft.xlsx,
60.4245e3_annual_report_bulk_upload_template_ICRDraft.xlsx, and
63.6650_h_and_i Compliance Report Template_ICRDraft.xlsm, available
at Docket ID. No. EPA-HQ-OAR-2022-0879.
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Additionally, the EPA identified two broad circumstances in which
electronic reporting extensions may be provided. These circumstances
were: (1) outages of the EPA's CDX or CEDRI which preclude an owner or
operator from accessing the system and submitting required reports and
(2) force majeure events, which are defined as events that will be or
have been caused by circumstances beyond the control of the affected
facility, its contractors, or any entity controlled by the affected
facility that prevent an owner or operator from complying with the
requirement to submit a report electronically. Examples of force
majeure events are acts of nature, acts of war or terrorism, or
equipment failure or safety hazards beyond the control of the facility.
The EPA provided these potential extensions to protect owners and
operators from noncompliance in cases where they cannot successfully
submit a report by the reporting deadline for reasons outside of their
control. In both circumstances, the decision to accept the claim of
needing additional time to report is within the discretion of the
Administrator, and reporting should occur as soon as possible.
As described in the proposed rulemaking, the electronic submittal
of the reports addressed in this final rule will increase the
usefulness of the data contained in those reports, is in keeping with
current trends in data availability and transparency, will further
assist in the protection of public health and the environment, will
improve compliance by facilitating the ability of regulated facilities
to demonstrate compliance with requirements and by facilitating the
ability of delegated State, local, Tribal, and territorial air agencies
and the EPA to assess and determine compliance, and will ultimately
reduce burden on regulated facilities, delegated air agencies, and the
EPA. Electronic reporting eliminates paper-based, manual processes,
thereby saving time and resources, simplifying data entry, eliminating
redundancies, minimizing data reporting errors, and providing data
quickly and accurately to the affected facilities, air agencies, the
EPA, and the public. Moreover, electronic reporting is consistent with
the EPA's plan \3\ to implement Executive Order 13563 and is in keeping
with the EPA's agency-wide policy \4\ developed in response to the
White House's Digital Government Strategy.\5\ For more information on
the benefits of electronic reporting, see the memorandum Electronic
Reporting Requirements for New Source Performance Standards (NSPS) and
National Emission Standards for Hazardous Air Pollutants (NESHAP)
Rules, available in the docket for this action.
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\3\ EPA's Final Plan for Periodic Retrospective Reviews, August
2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
\4\ E-Reporting Policy Statement for EPA Regulations, September
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
\5\ Digital Government: Building a 21st Century Platform to
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
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As part of the electronic reporting effort, reporting requirements
in NESHAP subpart ZZZZ were clarified and adjusted to be consistent for
all engine types as well as to provide specificity in units of measure
and to provide consistency between the NSPS and the NESHAP. With these
changes, the regulatory text in 40 CFR part 63, subpart ZZZZ at 40 CFR
63.6650 now includes all the applicable data elements required by 40
CFR 63.10(e)(3), and the general provisions applicability table is
being revised to reflect that 40 CFR 63.10(e)(3) is no longer
applicable.
We received comments both in support of, and opposed to, the
addition of electronic reporting provisions, as well as several
comments regarding the draft electronic reporting templates that were
made available in the docket. In response to these comments, we made
some clarifying changes to the templates. We address and respond to
these comments in detail in the response to comment document available
in the docket for this action.
One clarifying change made in response to comments was to alter the
regulatory text and the corresponding entry in the final reporting
template for subpart ZZZZ to require the year the engine was
constructed, rather than the specific date. Additionally, if the exact
year is unknown, an estimate can be provided.
The Department of Defense (DoD) commented that all templates
provided for review have a requirement to provide the latitude and
longitude of the engine in decimal degrees reported to the fifth
decimal place, but due to the present-day public availability of
electronic data files, DoD is concerned that disclosing the location of
certain engines used by the commenter can compromise national security.
The comment requested the EPA consider including an option for template
latitude and longitude data fields that would allow an installation to
label critical system geolocation data as ``confidential'' or
``national security information.'' By offering such an option, the
commenter's national security data would not be disclosed or
retrievable through publicly available agency (Federal/state/local/
tribal) electronic data systems.
The EPA agrees that the exact location of engines should not be
reported if the location should remain confidential due to national
security concerns. The EPA has clarified for the final rule that if
disclosure of the exact location of an engine that is owned by or
operated by or for an agency of the Federal Government that is
responsible for national defense would be a threat to national
security, the filer may claim a national security exemption, which will
allow the latitude and longitude fields in the reporting template to be
left blank. A corresponding revision is also being made to the
regulatory text. It should be noted that the reports still contain the
address of the facility at which the engine(s) are located.\6\
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\6\ The comment also suggested that the EPA should establish
criteria for access to precise geolocation of sources in all
appropriate stationary engine (NESHAP and NSPS) rules. The EPA does
not find it necessary to adopt such criteria at this time,
particularly since facility address data is still required to be
reported but will work with other agencies to address this issue in
the future if it becomes appropriate.
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[[Page 70508]]
C. Clarifications to Table 4 in NSPS Subpart IIII
Since it was originally published in the CFR, ``Table 4 to Subpart
IIII of Part 60--Emission Standards for Stationary Fire Pump Engines''
has been confusing to the public because it shows blank cells for the
CO standard for certain engine model years. The table intended to show
that the same CO standard applies for all model years. The table was
not intended to be displayed in this manner and the current version
simply reflects a mismatch between what was submitted by the EPA and
what was able to be shown in the CFR. The EPA invited comment on
whether any other aspect of this table was confusing or incorrect (it
was shown as table 1 in the preamble of the proposal), but we did not
solicit comment on any proposed changes to the standards themselves.
We received comment supporting the clarified table and further
suggesting that the units of the engine emission standards be added,
similar to how the units are currently shown in tables 1 and 2 of 40
CFR part 60, subpart IIII, to prevent any potential confusion regarding
the applicable emission standards. We agree that this suggestion would
provide further clarification and prevent additional confusion. We are,
therefore, finalizing the clarifications to this table as proposed and
additionally placing units in the column heading of the table as shown
in table 1 of this document.
Table 1--Clarified Version of ``Table 4 to Subpart IIII of Part 60--Emission Standards For Stationary Fire Pump
Engines''
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Emission standards for stationary fire pump
engines in g/KW-hr (g/HP-hr)
Maximum engine power Model year(s) -----------------------------------------------
NMHC + NOX CO PM
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KW<8 (HP<11).......................... 2010 and earlier........ 10.5 (7.8) 8.0 (6.0) 1.0 (0.75)
KW<8 (HP<11).......................... 2011 +.................. 7.5 (5.6) 8.0 (6.0) 0.40 (0.30)
8<=KW<19 (11<=HP<25).................. 2010 and earlier........ 9.5 (7.1) 6.6 (4.9) 0.80 (0.60)
8<=KW<19 (11<=HP<25).................. 2011 +.................. 7.5 (5.6) 6.6 (4.9) 0.40 (0.30)
19<=KW<37 (25<=HP<50)................. 2010 and earlier........ 9.5 (7.1) 5.5 (4.1) 0.80 (0.60)
19<=KW<37 (25<=HP<50)................. 2011 +.................. 7.5 (5.6) 5.5 (4.1) 0.30 (0.22)
37<=KW<56 (50<=HP<75)................. 2010 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
37<=KW<56 (50<=HP<75)................. 2011 + \1\.............. 4.7 (3.5) 5.0 (3.7) 0.40 (0.30)
56<=KW<75 (75<=HP<100)................ 2010 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
56<=KW<75 (75<=HP<100)................ 2011 + \1\.............. 4.7 (3.5) 5.0 (3.7) 0.40 (0.30)
75<=KW<130 (100<=HP<175).............. 2009 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
75<=KW<130 (100<=HP<175).............. 2010 + \2\.............. 4.0 (3.0) 5.0 (3.7) 0.30 (0.22)
130<=KW<225 (175<=HP<300)............. 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
130<=KW<225 (175<=HP<300)............. 2009 + \3\.............. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
225<=KW<450 (300<=HP<600)............. 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
225<=KW<450 (300<=HP<600)............. 2009 + \3\.............. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
450<=KW<=560 (600<=HP<=750)........... 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
450<=KW<=560 (600<=HP<=750)........... 2009 +.................. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
KW>560 (HP>750)....................... 2007 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
KW>560 (HP>750)....................... 2008 +.................. 6.4 (4.8) 3.5 (2.6) 0.20 (0.15)
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\1\ For model years 2011-2013, manufacturers, owners, and operators of fire pump stationary CI ICE in this
engine power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with
the emission limitations for 2010 model year engines.
\2\ For model years 2010-2012, manufacturers, owners, and operators of fire pump stationary CI ICE in this
engine power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations
for 2009 model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE in this engine power category with a
rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.
D. Correction of Inadvertent Errors in NESHAP Subpart ZZZZ
As it appeared in the CFR at the time of the proposal, table 2d in
40 CFR part 63, subpart ZZZZ correctly indicated multiple SI engine
types for which oil change requirements apply. Specifically, table 2d's
items numbers 5, 6, 7, 8, 10, 11, and 13 all indicated SI engine types
for which these requirements apply. When this table was last
revised,\7\ corresponding changes to 40 CFR 63.6625(j) were
inadvertently not made. As a result, the version of 40 CFR 63.6625(j),
which specifies that an oil analysis program can be used to extend the
oil change requirements, referred to an incorrect set of table 2d's
item numbers. Therefore, the EPA proposed to amend 40 CFR 63.6625(j) to
include the correct list of table 2d's item numbers, specifically 5, 6,
7, 8, 10, 11, and 13, that indicate SI engine types for which oil
change requirements apply.
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\7\ 78 FR 6709 (January 30, 2013).
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We received no comments opposing this correction and received only
one comment in general support of it. Therefore, we are finalizing the
correction as proposed.
E. Clarifications to the Oil Change Requirement in NESHAP Subpart ZZZZ
As indicated in tables 2c and 2d of 40 CFR part 63, subpart ZZZZ,
several types of CI and SI engines are subject to oil change
requirements. The number of hours of operation allowed between oil
changes stated in the requirement vary by engine type. However, in each
instance, the requirement that appeared in the CFR at the time of the
proposal was phrased in the form: ``Change oil and filter every X,XXX
hours of operation or annually, whichever comes first.''
The EPA receives frequent inquiries from regulated entities
regarding these provisions, most often revolving around the meaning of
the term ``annually.'' For example, regulated entities sometimes
inquire whether ``annually'' means ``every calendar year.'' In such a
case, the inquiry amounts to essentially whether an oil change could
hypothetically be conducted on January 1, 2019, and the next oil change
could then be conducted on December 31, 2020, since 2020 is the
calendar year that falls immediately after 2019 (this assumes of course
that X,XXX hours of
[[Page 70509]]
operation has not occurred). In such a scenario, however, these two
hypothetical oil changes will have actually occurred almost exactly 2
years apart, minus a day.
This is not what the EPA intended with the use of the term
``annually'' in tables 2c and 2d of 40 CFR part 63, subpart ZZZZ. It is
important for oil changes to occur as close as possible to 12 months
apart to minimize emissions, absent use of the oil analysis programs
afforded by 40 CFR 63.6625(i) and (j). The same language of
``annually'' also appears in these tables related to items such as
spark plug, air cleaner, and hose and belt inspections, and similar
concerns about emissions and engine reliability apply. Therefore, the
EPA proposed to replace each instance of use of the term ``annually''
in tables 2c and 2d with the term ``every 12 months.'' \8\
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\8\ Additionally, the same language of ``annually'' also in
appears in a separate location in subpart ZZZZ, namely in the
subsection on management practices applicable to existing stationary
non-emergency CI RICE with a site rating of more than 300 HP located
on an offshore vessel that is an area source of HAP and is a nonroad
vehicle that is an Outer Continental Shelf source as defined in 40
CFR 55.2. Similar concerns apply to the engines affected by this
subsection (40 CFR 63.6603). So we, likewise, proposed to replace
each instance of the term ``annually'' with the term ``every 12
months'' there.
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The EPA received a number of comments on this issue, which are
detailed in the response to comment document available in the docket.
While some comments were generally supportive of the EPA's proposed
change, commenters asked for additional flexibility beyond that
afforded by the proposed language, mainly due to concerns about
performing oil changes within a tight window in the case of unforeseen
events or due to scheduling concerns for maintenance personnel or
contractor availability. Most commenters favored an additional month of
flexibility beyond the 12-month deadline.\9\ After considering these
comments, we are making adjustments to the final language to state
``within 1 year + 30 days of the previous change'' (and, in the case of
items such as spark plug, air cleaner, and hose and belt inspections,
``within 1 year + 30 days of the previous inspection'') in lieu of the
current ``annually.'' The EPA continues to believe that it is
appropriate for oil changes to be performed annually (i.e., after 365
days) but is balancing the need for timely oil changes for proper
emissions control against the practical concerns raised by commenters
regarding scheduling oil changes in a tight window. Pursuant to this
revised text, an oil change could hypothetically be conducted on June
1, 2025, and the next oil change could then be conducted anywhere from
June 2, 2025, to July 1, 2026, and be in compliance with the
regulations. The EPA also finds that this revised language will address
the request by some commenters for more clarity as to the deadline for
oil changes. As explained at proposal, it is worthwhile to note that
the EPA occasionally receives questions as to whether regulated
entities that adopt the oil analysis program in 40 CFR 63.6625(i) or
(j) must change the oil filter on a more frequent basis than the oil is
changed even when the oil analysis program indicates condemning limits
have not yet been reached for Total Acid or Total Base Number,
viscosity, and percent water content. We are clarifying that regulated
entities that adopt the oil analysis program must change the oil filter
for these generators when changing the oil and are not required to
change the filter prior to changing the oil. We received no comments
opposing this clarification. The intention of the EPA's regulations is
that the oil filter should always be changed whenever the engine oil is
changed, and we are finalizing the proposed changes to the regulatory
text to this effect. Also please note that nothing in the EPA's
regulations prevents the owner and operator from changing the oil or
the oil filter sooner than condemning limits have been reached, if
desired.
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\9\ The EPA also is making it clear that we do not prohibit
changing the oil earlier than 12 months if entities desire to do so
(since this was raised in some comments).
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F. Other Requests for Comments
In addition to general comments on the proposal, we also asked for
comments on the reporting template that was placed in the docket for
this action. Several commenters suggested changes to the template and
after considering these comments we have made minor clarifying changes
to the template. These comments and our responses are discussed more
fully in the response to comment document available in the docket for
this action. A final template is also available in the docket for this
action.
The EPA also requested comments on the provisions specifying that
emergency engines can operate for up to 50 hours per year to mitigate
local transmission and/or distribution limitations to avert potential
voltage collapse or line overloads that could lead to the interruption
of power supply in a local area or region. These provisions appear in
the NESHAP \10\ and both NSPS \11\ and are often referred to as the
``50-hour provisions.'' The EPA did not propose any changes to the 50-
hour provisions, but as discussed in the proposal, solicited comments
to aid in its consideration of the appropriate next steps following
remand of the provisions by the court. The EPA appreciates the comments
and information that were provided during the public comment period and
is considering them as we assess the appropriate path forward. However,
the EPA did not propose and is not finalizing, any changes to the 50-
hour provisions at this time; and we have not addressed those comments
in the response to comments document for this final rule.
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\10\ 40 CFR 63.6640(f)(4)(ii).
\11\ 40 CFR 60.4211(f)(3)(i), 40 CFR 60.4243(d)(3)(i).
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G. Effective Date and Compliance Dates
As stated in the proposal, the EPA's experience with other
industries and entities that are required to convert reporting
mechanisms, install necessary hardware and software, become familiar
with the process of submitting performance test results electronically
through the EPA's CEDRI, test these new electronic submission
capabilities, reliably employ electronic reporting, and convert
logistics of reporting processes to different time-reporting parameters
shows that a time period of a minimum of 90 days, but more typically
180 days, is generally necessary to successfully complete these
changes. Due to the diverse nature of the stationary engine sector, the
EPA proposed to allow 180 days from the date of the final rule for all
electronic reporting provisions, and where a semiannual or annual
report template is newly required, 180 days or 1 year from the date
that the report template is made available on CEDRI, whichever is
later, for compliance with the proposed electronic reporting
requirements. For all other proposed requirements, because they are
non-substantive edits simply to clarify existing requirements, the EPA
proposed to make compliance effective immediately upon promulgation of
the final rule.
We received some comments asking for a longer compliance timeframe.
The majority of these are addressed in the response to comment document
available in the docket for this action, but in general, the commenters
that asked for additional time to comply were generally mistaken about
the steps required to make their systems compatible with electronic
reporting. For sources that were already required to submit the annual
reports via an
[[Page 70510]]
electronic template to CEDRI prior to this rulemaking (i.e., emergency
stationary CI ICE subject to reporting under 40 CFR 60.4214(d) in 40
CFR part 60, subpart IIII, emergency stationary SI ICE subject to
reporting under 40 CFR 60.4245(e) in 40 CFR part 60, subpart JJJJ, and
emergency stationary RICE subject to reporting under 40 CFR 63.6650(h)
in 40 CFR part 63, subpart ZZZZ) the EPA determined that 180 days is
sufficient time to adjust to the revised electronic template and
accommodate the new reporting elements. For all other sources, the EPA
determined that the additional year after the reporting template
becomes available in CEDRI is necessary for these sources to begin
electronic reporting. As discussed in the response to comments
document, the EPA considers a year to be an adequate amount of time for
these sources to adjust to electronic reporting. We are therefore
finalizing the compliance timeframe as proposed.
Pursuant to CAA sections 111(b)(1)(B) and 112(i), the revisions to
the rules being promulgated in this action are effective on August 30,
2024. The compliance date for affected sources to comply with the
amendments pertaining to electronic reporting is 180 days after the
effective date of the rule, or, where electronic reporting is newly
required for semiannual or annual compliance reports, 1 year from the
date that the respective report template is made available on CEDRI,
whichever is later.
IV. Summary of Cost, Environmental, and Economic Impacts
A. What are the air quality impacts?
No air quality impacts are expected to result from this rulemaking.
B. What are the cost impacts?
The EPA estimated costs for this action are based on the results of
the analysis for information collection activities, as presented in the
Paperwork Reduction Act (PRA) section and accompanying Information
Collection Request (ICR) documents in the docket.
When assessed over the first 3 years of compliance, the incremental
costs for both NSPS (subpart IIII and subpart JJJJ) are estimated to be
negative, i.e., reflect a cost savings, for all 3 years. For the NESHAP
(subpart ZZZZ), the incremental cost is estimated to have costs in 2025
followed by cost savings in 2026 and 2027. When viewed on an overall
basis (i.e., all subparts considered), undiscounted costs for the final
rule, in 2021$, are $18.0 million in 2025, ($38.0 million) in 2026, and
($38.2 million) in 2027, with parentheses indicating negative values,
i.e., cost savings. Although the EPA also anticipates that the final
rule will continue to result in cost savings in years beyond 2027 for
all subparts, we have not estimated the magnitude or duration of these
cost savings. These estimates are consistent with our experience that
electronic reporting reduces burden on regulated entities (and the EPA)
by eliminating paper-based processes and providing data quickly and
accurately.
More details on cost impact analyses for the final rule can be
found in the ``What are the economic impacts?'' section of this
preamble as well as in section 2 of the memorandum, Economic Impact and
Small Business Analysis for the National Emission Standards for
Hazardous Air Pollutants: Reciprocating Internal Combustion Engines and
New Source Performance Standards: Internal Combustion Engines;
Electronic Reporting Amendments, which is also available in the docket
for this action.
C. What are the economic impacts?
The EPA conducted economic impact analyses for the final rule, as
detailed in the memorandum, Economic Impact and Small Business Analysis
for the National Emission Standards for Hazardous Air Pollutants:
Reciprocating Internal Combustion Engines and New Source Performance
Standards: Internal Combustion Engines; Electronic Reporting
Amendments, which is available in the docket for this action.
Costs were estimated for the first 3 years following this action.
Correspondingly, a 3-year period from 2025 to 2027 was selected as the
best measure of the economic impacts of this action. This allowed for a
reasonable and consistent timeframe over which to examine impacts of
this action from a present value (PV) perspective. The PV in 2021
dollars is a cost saving of approximately $53.8 million using a 2
percent discount rate, a cost saving of approximately $51.8 using a 3
percent discount rate, and a cost saving of approximately $44.5 million
using a 7 percent discount rate.12 13 The equivalent
annualized value (EAV), in 2021 dollars, is a cost saving of
approximately $18.7 million using a discount rate of 2 percent, a cost
saving of approximately $18.3 using a discount rate of 3 percent, and a
cost saving of approximately $16.9 million using a discount rate of 7
percent. The amendments to 40 CFR part 60, subparts IIII and JJJJ have
estimated cost savings for respondents in each year. We conducted an
analysis assessing the impacts of the costs associated with the
amendments to 40 CFR part 63, subpart ZZZZ. As shown in the supporting
statement to 40 CFR part 63, subpart ZZZZ, the amendments to ZZZZ have
estimated costs of $32 per respondent for the first year and cost
savings thereafter. As described the economic impact analysis, for the
first year such costs are less than 0.1 percent of the average affected
entity's payroll, and we conclude that it is reasonable to assume that
such costs represent less than 0.1 percent of sales for the average
affected entity.\14\
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\12\ Present value and equivalent annualized value calculations
can be found in RICE--final--economic analysis.xls, a spreadsheet
that includes the basis for the economic impacts that was generated
by the EPA for this analysis report. This spreadsheet can be found
in the docket for this rule.
\13\ Results using the 2 percent discount rate were not included
in the proposal for this action. The 2003 version of OMB's Circular
A-4 had generally recommended 3 percent and 7 percent as default
rates to discount social costs and benefits. The analysis of the
proposed rule used these two recommended rates. In November 2023,
OMB finalized an update to Circular A-4, in which it recommended the
general application of a 2 percent rate to discount social costs and
benefits (subject to regular updates), which is an estimate of
consumption-based discount rate. We include cost results calculated
using a 2 percent discount rate consistent with the update to
Circular A-4 (OMB, 2023).
\14\ The memorandum titled Economic Impact and Small Business
Analysis for the Final National Emission Standards for Hazardous Air
Pollutants: Reciprocating Internal Combustion Engines and New Source
Performance Standards: Internal Combustion Engines; Electronic
Reporting Amendment is available in the docket for this action.
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Given the results of the analysis, these economic impacts are
relatively small for affected industries and entities impacted by this
rule, and there will not be substantial impacts on the markets for
affected products. The costs of the rule are not expected to result in
a significant market impact, regardless of whether they are passed on
to the purchaser or absorbed by the firms.
D. What are the benefits?
The EPA is not making changes to the emission limits and estimates
that the final requirements for electronic reporting are not
economically significant. Because these amendments are not considered
economically significant, as defined by Executive Order 12866, and
because no emission reductions were projected, we are not estimating
any benefits from reducing emissions.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be
[[Page 70511]]
found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
The information collection activities in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
the EPA prepared has been assigned EPA ICR numbers 2196.08, 2227.07,
and 1975.12 for NSPS subparts IIII and JJJJ, and NESHAP subpart ZZZZ,
respectively. You can find a copy of the ICR in the docket for this
rule, and it is briefly summarized here. The information collection
requirements are not enforceable until OMB approves them.
The amendments mainly add electronic reporting provisions to the
rules. In general, the changes do not result in regulated entities
needing to submit anything additional electronically that is not
currently submitted via paper copies, and this is therefore expected to
lessen the recordkeeping and reporting burden. The information is
collected to assure compliance with 40 CFR part 60, subparts IIII and
JJJJ and 40 CFR part 63, subpart ZZZZ.
Respondents/affected entities: Owners and operators of stationary
RICE at either a major or area source of HAP emissions (NESHAP subpart
ZZZZ); existing and new manufacturers, owners, and operators of
stationary CI internal combustion engines (NSPS subpart IIII); existing
and new manufacturers, owners, and operators of stationary SI internal
combustion engines (NSPS subpart JJJJ).
Respondents' obligation to respond: Mandatory.
Estimated number of respondents: 915,781 (ZZZZ); 207,360 (IIII);
19,835 (JJJJ).
Frequency of response: Varies by rule and by type of response.
Total estimated burden: (61,799) (ZZZZ); (95,928) (IIII); (1,144)
(JJJJ) hours (per year). Burden is defined at 5 CFR 1320.3(b). Note:
parentheses indicate a reduction in burden, i.e., a reduced number of
hours as a result of the addition of electronic reporting to the rules.
Total estimated cost: ($7,581,151) (ZZZZ); ($11,688,145) (IIII);
($140,379) (JJJJ) (per year), includes $0 annualized capital or
operation & maintenance costs. Note: parentheses indicate a reduction
in cost as a result of the addition of electronic reporting to the
rules.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities subject to the requirements of this action are small
businesses, small governmental jurisdictions and small non-profits
across a range of sectors, that own or operate stationary engines
(e.g., for generating electricity in remote areas or when electricity
supply is temporarily interrupted), including but not limited to:
Electric power generation, transmission, or distribution; Medical and
surgical hospitals; Natural gas transmission; Crude petroleum and
natural gas production; Natural gas liquids producers; and National
security.
The amendments to 40 CFR part 60, subparts IIII and JJJJ have
estimated cost savings for respondents by reducing reporting burdens.
We conducted analysis assessing the impacts of the costs associated
with the amendments to 40 CFR part 63, subpart ZZZZ. As shown in the
supporting statement to 40 CFR part 63, subpart ZZZZ, this subpart has
estimated costs of $32 per respondent in 1 year, and cost savings in
following years. We estimate that this compliance cost of $32 per
respondent is well below a 1 percent impact relative to payroll or
sales for affected small entities.\15\ While there is some uncertainty
in these estimates, due to the range of entities that may own or
operate stationary engines, there is a large margin before the impacts
would approach a 1 percent impact for a substantial number of small
entities. Details of this analysis are presented in the memorandum
titled Economic Impact and Small Business Analysis for the National
Emission Standards for Hazardous Air Pollutants: Reciprocating Internal
Combustion Engines and New Source Performance Standards: Internal
Combustion Engines; Electronic Reporting Amendment, which is available
in the docket for this action.
---------------------------------------------------------------------------
\15\ For example, for an entity with $32,000 in payroll, the
compliance cost would represent an impact of 0.1% relative to
payroll.
---------------------------------------------------------------------------
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action will
reduce reporting costs for all sources, although we did estimate some
initial costs (well under $100 million in the aggregate) for some
sources.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. While some Tribes could be impacted by this
amendment, this rulemaking would reduce the compliance costs for owners
and operators of stationary engines. Thus, Executive Order 13175 does
not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order.
Therefore, this action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk. Since this action does not concern human health, the EPA's Policy
on Children's Health also does not apply.
[[Page 70512]]
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that this type of action does not concern human
health or environmental conditions and therefore cannot be evaluated
with respect to potentially disproportionate and adverse effects on
communities with environmental justice concerns. This is because this
action involves the addition of electronic reporting and therefore is
not expected to change emissions.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, parts
60 and 63 of the Code of Federal Regulations are amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
0
2. Amend Sec. 60.4214 by:
0
a. Revising paragraph (a)(1) introductory text and paragraph (d)(3);
and
0
b. Adding paragraphs (f), (g), (h), (i), and (j).
The revisions and additions read as follows:
Sec. 60.4214 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI internal
combustion engine?
(a) * * *
(1) Submit an initial notification as required in Sec. 60.7(a)(1).
The notification must include the information in paragraphs (a)(1)(i)
through (v) of this section. Beginning on February 26, 2025, submit the
notification electronically according to paragraph (g) of this section.
* * * * *
(d) * * *
(3) The annual report must be submitted electronically using the
subpart specific reporting form in the Compliance and Emissions Data
Reporting Interface (CEDRI) that is accessed through EPA's Central Data
Exchange (CDX) (https://cdx.epa.gov/). However, if the reporting form
specific to this subpart is not available in CEDRI at the time that the
report is due, the written report must be submitted to the
Administrator at the appropriate address listed in Sec. 60.4.
Beginning on February 26, 2025, submit annual report electronically
according to paragraph (g) of this section.
* * * * *
(f) Beginning on February 26, 2025, within 60 days after the date
of completing each performance test required by this subpart, you must
submit the results of the performance test required under this section
following the procedures specified in paragraphs (f)(1) and (2) of this
section.
(1) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via the Compliance and Emissions Data
Reporting Interface (CEDRI), according to paragraph (g) of this
section. The data must be submitted in a file format generated using
the EPA's ERT. Alternatively, you may submit an electronic file
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT website.
(2) Data collected using test methods that are not supported by the
EPA's ERT as listed on the EPA's ERT website at the time of the test.
The results of the performance test must be included as an attachment
in the ERT or an alternate electronic file consistent with the XML
schema listed on the EPA's ERT website. Submit the ERT generated
package or alternative file to the EPA via CEDRI according to paragraph
(g) of this section.
(g) If you are required to submit notifications or reports
following the procedure specified in this paragraph (g), you must
submit notifications or reports to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI), which can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).
The EPA will make all the information submitted through CEDRI available
to the public without further notice to you. Do not use CEDRI to submit
information you claim as CBI. Although we do not expect persons to
assert a claim of CBI, if you wish to assert a CBI claim for some of
the information in the report or notification, you must submit a
complete file in the format specified in this subpart, including
information claimed to be CBI, to the EPA following the procedures in
paragraphs (g)(1) and (2) of this section. Clearly mark the part or all
of the information that you claim to be CBI. Information not marked as
CBI may be authorized for public release without prior notice.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. All CBI claims must be
asserted at the time of submission. Anything submitted using CEDRI
cannot later be claimed CBI. Furthermore, under CAA section 114(c),
emissions data is not entitled to confidential treatment, and the EPA
is required to make emissions data available to the public. Thus,
emissions data will not be protected as CBI and will be made publicly
available. You must submit the same file submitted to the CBI office
with the CBI omitted to the EPA via the EPA's CDX as described earlier
in this paragraph (g).
(1) The preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol, or
other online file sharing services. Electronic submissions must be
transmitted directly to the OAQPS CBI Office at the email address
[email protected], and as described in paragraph (g) of this section,
should include clear CBI markings. ERT files should be flagged to
[[Page 70513]]
the attention of the Group Leader, Measurement Policy Group; all other
files should be flagged to the attention of the Stationary Compression
Ignition Internal Combustion Engine Sector Lead. If assistance is
needed with submitting large electronic files that exceed the file size
limit for email attachments, and if you do not have your own file
sharing service, please email [email protected] to request a file
transfer link.
(2) If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following address:
OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental
Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research
Triangle Park, North Carolina 27711. ERT files should be sent to the
attention of the Group Leader, Measurement Policy Group, and all other
files should be sent to the attention of the Stationary Compression
Ignition Internal Combustion Engine Sector Lead. The mailed CBI
material should be double wrapped and clearly marked. Any CBI markings
should not show through the outer envelope.
(h) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with that reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (h)(1) through (7) of this section.
(1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
(2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
(3) The outage may be planned or unplanned.
(4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(5) You must provide to the Administrator a written description
identifying:
(i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
(iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
(iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
(6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
(7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
(i) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with that reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (i)(1) through (5) of this section.
(1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
(2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(3) You must provide to the Administrator:
(i) A written description of the force majeure event;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
(iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
(iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
(4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
(5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
(j) Any records required to be maintained by this subpart that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as
part of an on-site compliance evaluation.
0
3. Revise table 4 to subpart IIII of part 60 to read as follows:
Table 4 to Subpart IIII of Part 60--Emission Standards for Stationary Fire Pump Engines
[As stated in Sec. Sec. 60.4202(d) and 60.4205(c), you must comply with the following emission standards for
stationary fire pump engines]
----------------------------------------------------------------------------------------------------------------
Emission standards for stationary fire pump
engines in g/KW-hr (g/HP-hr)
Maximum engine power Model year(s) -----------------------------------------------
NMHC + NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11).......................... 2010 and earlier........ 10.5 (7.8) 8.0 (6.0) 1.0 (0.75)
KW<8 (HP<11).......................... 2011 +.................. 7.5 (5.6) 8.0 (6.0) 0.40 (0.30)
8<=KW<19 (11<=HP<25).................. 2010 and earlier........ 9.5 (7.1) 6.6 (4.9) 0.80 (0.60)
8<=KW<19 (11<=HP<25).................. 2011 +.................. 7.5 (5.6) 6.6 (4.9) 0.40 (0.30)
19<=KW<37 (25<=HP<50)................. 2010 and earlier........ 9.5 (7.1) 5.5 (4.1) 0.80 (0.60)
19<=KW<37 (25<=HP<50)................. 2011 +.................. 7.5 (5.6) 5.5 (4.1) 0.30 (0.22)
37<=KW<56 (50<=HP<75)................. 2010 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
37<=KW<56 (50<=HP<75)................. 2011 + \1\.............. 4.7 (3.5) 5.0 (3.7) 0.40 (0.30)
56<=KW<75 (75<=HP<100)................ 2010 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
[[Page 70514]]
56<=KW<75 (75<=HP<100)................ 2011 + \1\.............. 4.7 (3.5) 5.0 (3.7) 0.40 (0.30)
75<=KW<130 (100<=HP<175).............. 2009 and earlier........ 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
75<=KW<130 (100<=HP<175).............. 2010 + \2\.............. 4.0 (3.0) 5.0 (3.7) 0.30 (0.22)
130<=KW<225 (175<=HP<300)............. 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
130<=KW<225 (175<=HP<300)............. 2009 + \3\.............. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
225<=KW<450 (300<=HP<600)............. 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
225<=KW<450 (300<=HP<600)............. 2009 + \3\.............. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
450<=KW<=560 (600<=HP<=750)........... 2008 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
450<=KW<=560 (600<=HP<=750)........... 2009 +.................. 4.0 (3.0) 3.5 (2.6) 0.20 (0.15)
KW>560 (HP>750)....................... 2007 and earlier........ 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
KW>560 (HP>750)....................... 2008 +.................. 6.4 (4.8) 3.5 (2.6) 0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\1\ For model years 2011-2013, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with the
emission limitations for 2010 model year engines.
\2\ For model years 2010-2012, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations for 2009
model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE in this engine power category with a
rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.
* * * * *
Subpart JJJJ--Standards of Performance for Stationary Spark
Ignition Internal Combustion Engines
0
4. Amend Sec. 60.4245 by:
0
a. Revising paragraph (c) introductory text, paragraphs (d), and
(e)(3); and
0
b. Adding paragraphs (f), (g), (h), (i), and (j).
The revisions and additions read as follows:
Sec. 60.4245 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary SI internal
combustion engine?
* * * * *
(c) Owners and operators of stationary SI ICE greater than or equal
to 500 HP that have not been certified by an engine manufacturer to
meet the emission standards in Sec. 60.4231 must submit an initial
notification as required in Sec. 60.7(a)(1). The notification must
include the information in paragraphs (c)(1) through (5) of this
section. Beginning on February 26, 2025 submit the notification
electronically according to paragraph (g) of this section.
* * * * *
(d) Owners and operators of stationary SI ICE that are subject to
performance testing must submit a copy of each performance test as
conducted in Sec. 60.4244 within 60 days after the test has been
completed. Performance test reports using EPA Method 18, EPA Method
320, or ASTM D6348-03 (incorporated by reference--see 40 CFR 60.17) to
measure VOC require reporting of all QA/QC data. For Method 18, report
results from sections 8.4 and 11.1.1.4; for Method 320, report results
from sections 8.6.2, 9.0, and 13.0; and for ASTM D6348-03 report
results of all QA/QC procedures in Annexes 1-7. Beginning on February
26, 2025, performance tests must be reported electronically according
to paragraph (f) of this section.
(e) * * *
(3) The annual report must be submitted electronically using the
subpart specific reporting form in the Compliance and Emissions Data
Reporting Interface (CEDRI) that is accessed through EPA's Central Data
Exchange (CDX) (https://cdx.epa.gov/). However, if the reporting form
specific to this subpart is not available in CEDRI at the time that the
report is due, the written report must be submitted to the
Administrator at the appropriate address listed in Sec. 60.4.
Beginning on February 26, 2025, submit annual report electronically
according to paragraph (g) of this section.
(f) Beginning on February 26, 2025, within 60 days after the date
of completing each performance test, you must submit the results
following the procedures specified in paragraph (g) of this section.
Data collected using test methods that are supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test must be submitted in a file
format generated using the EPA's ERT. Alternatively, you may submit an
electronic file consistent with the extensible markup language (XML)
schema listed on the EPA's ERT website. Data collected using test
methods that are not supported by the EPA's ERT as listed on the EPA's
ERT website at the time of the test must be included as an attachment
in the ERT or an alternate electronic file.
(g) If you are required to submit notifications or reports
following the procedure specified in this paragraph (g), you must
submit notifications or reports to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI), which can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).
The EPA will make all the information submitted through CEDRI available
to the public without further notice to you. Do not use CEDRI to submit
information you claim as CBI. Although we do not expect persons to
assert a claim of CBI, if you wish to assert a CBI claim for some of
the information in the report or notification, you must submit a
complete file in the format specified in this subpart, including
information claimed to be CBI, to the EPA following the procedures in
paragraphs (g)(1) and (2) of this section. Clearly mark the part or all
of the information that you claim to be CBI. Information not marked as
CBI may be authorized for public release without prior notice.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. All CBI claims must be
asserted at the time of submission. Anything submitted using CEDRI
cannot later be claimed CBI. Furthermore, under CAA section 114(c),
emissions data is not entitled to confidential treatment, and the EPA
is required to make emissions data
[[Page 70515]]
available to the public. Thus, emissions data will not be protected as
CBI and will be made publicly available. You must submit the same file
submitted to the CBI office with the CBI omitted to the EPA via the
EPA's CDX as described earlier in this paragraph (g).
(1) The preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol, or
other online file sharing services. Electronic submissions must be
transmitted directly to the OAQPS CBI Office at the email address
[email protected], and as described in paragraph (g) of this section,
should include clear CBI markings. ERT files should be flagged to the
attention of the Group Leader, Measurement Policy Group; all other
files should be flagged to the attention of the Stationary Spark
Ignition Internal Combustion Engine Sector Lead. If assistance is
needed with submitting large electronic files that exceed the file size
limit for email attachments, and if you do not have your own file
sharing service, please email [email protected] to request a file
transfer link.
(2) If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following address:
OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental
Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research
Triangle Park, North Carolina 27711. ERT files should be sent to the
attention of the Group Leader, Measurement Policy Group, and all other
files should be sent to the attention of the Stationary Spark Ignition
Internal Combustion Engine Sector Lead. The mailed CBI material should
be double wrapped and clearly marked. Any CBI markings should not show
through the outer envelope.
(h) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with that reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (h)(1) through (7) of this section.
(1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
(2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
(3) The outage may be planned or unplanned.
(4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(5) You must provide to the Administrator a written description
identifying:
(i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
(iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
(iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
(6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
(7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
(i) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with that reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (i)(1) through (5) of this section.
(1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
(2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
(3) You must provide to the Administrator:
(i) A written description of the force majeure event;
(ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
(iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
(iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
(4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
(5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
(j) Any records required to be maintained by this subpart that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as
part of an on-site compliance evaluation.
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
5. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZZZ--National Emission Standards for Hazardous Air
Pollutants for Stationary Reciprocating Internal Combustion Engines
0
6. Amend Sec. 63.6603 by revising paragraphs (c)(1) through (4) to
read as follows:
Sec. 63.6603 What emission limitations, operating limitations, and
other requirements must I meet if I own or operate an existing
stationary RICE located at an area source of HAP emissions?
* * * * *
(c) * * *
(1) Change oil every 1,000 hours of operation or within 1 year + 30
days of the previous change, whichever comes first. Sources have the
option to utilize an oil analysis program as described in Sec.
63.6625(i) in order to extend the specified oil change requirement.
(2) Inspect and clean air filters every 750 hours of operation or
within 1 year + 30 days of the previous inspection, whichever comes
first, and replace as necessary.
[[Page 70516]]
(3) Inspect fuel filters and belts, if installed, every 750 hours
of operation or within 1 year + 30 days of the previous inspection,
whichever comes first, and replace as necessary.
(4) Inspect all flexible hoses every 1,000 hours of operation or
within 1 year + 30 days of the previous inspection, whichever comes
first, and replace as necessary.
* * * * *
0
7. Amend Sec. 63.6620 by adding paragraph (j) to read as follows:
Sec. 63.6620 What performance tests and other procedures must I use?
* * * * *
(j) Beginning on February 26, 2025, within 60 days after the date
of completing each performance test required by this subpart, you must
submit the results of the performance test following the procedure
specified in Sec. 63.9(k). Data collected using test methods supported
by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT
website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test must be
submitted in a file format generated using the EPA's ERT.
Alternatively, you may submit an electronic file consistent with the
extensible markup language (XML) schema listed on the EPA's ERT
website. Data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's ERT website at the time of the
test must be included as an attachment in the ERT or alternate
electronic file.
0
8. Amend Sec. 63.6625 by:
0
a. Adding paragraph (a)(5); and
0
b. Revising paragraphs (i) and (j).
The additions and revisions read as follows:
Sec. 63.6625 What are my monitoring, installation, collection,
operation, and maintenance requirements?
* * * * *
(a) * * *
(5) Beginning on February 26, 2025, within 60 days after the date
of completing each continuous emissions monitoring system (CEMS)
performance evaluation (as defined in Sec. 63.2) that includes a
relative accuracy test audit (RATA), you must submit the results of the
performance evaluation following the procedures specified in Sec.
63.9(k). The results of performance evaluations of CEMS measuring RATA
pollutants that are supported by the EPA's ERT as listed on the EPA's
ERT website at the time of the evaluation must be submitted in a file
format generated using the EPA's ERT. Alternatively, you may submit an
electronic file consistent with the XML schema listed on the EPA's ERT
website. The results of performance evaluations of CEMS measuring RATA
pollutants that are not supported by the EPA's ERT as listed on the
EPA's ERT website at the time of the evaluation must be included as an
attachment in the ERT or alternate electronic file.
* * * * *
(i) If you own or operate a stationary CI engine that is subject to
the work, operation or management practices in items 1 or 2 of table 2c
to this subpart or in items 1 or 4 of table 2d to this subpart, you
have the option of utilizing an oil analysis program in order to extend
the specified oil and filter change requirement in tables 2c and 2d to
this subpart. The oil analysis must be performed at the same frequency
specified for changing the oil and filter in table 2c or 2d to this
subpart. The analysis program must at a minimum analyze the following
three parameters: Total Base Number, viscosity, and percent water
content. The condemning limits for these parameters are as follows:
Total Base Number is less than 30 percent of the Total Base Number of
the oil when new; viscosity of the oil has changed by more than 20
percent from the viscosity of the oil when new; or percent water
content (by volume) is greater than 0.5. If all of these condemning
limits are not exceeded, the engine owner or operator is not required
to change the oil and filter. If any of the limits are exceeded, the
engine owner or operator must change the oil and filter within 2
business days of receiving the results of the analysis; if the engine
is not in operation when the results of the analysis are received, the
engine owner or operator must change the oil and filter within 2
business days or before commencing operation, whichever is later. The
owner or operator must keep records of the parameters that are analyzed
as part of the program, the results of the analysis, and the oil and
filter changes for the engine. The analysis program must be part of the
maintenance plan for the engine.
(j) If you own or operate a stationary SI engine that is subject to
the work, operation or management practices in items 6, 7, or 8 of
table 2c to this subpart or in items 5, 6, 7, 8, 10, 11, or 13 of table
2d to this subpart, you have the option of utilizing an oil analysis
program in order to extend the specified oil and filter change
requirement in tables 2c and 2d to this subpart. The oil analysis must
be performed at the same frequency specified for changing the oil and
filter in table 2c or 2d to this subpart. The analysis program must at
a minimum analyze the following three parameters: Total Acid Number,
viscosity, and percent water content. The condemning limits for these
parameters are as follows: Total Acid Number increases by more than 3.0
milligrams of potassium hydroxide (KOH) per gram from Total Acid Number
of the oil when new; viscosity of the oil has changed by more than 20
percent from the viscosity of the oil when new; or percent water
content (by volume) is greater than 0.5. If all of these condemning
limits are not exceeded, the engine owner or operator is not required
to change the oil and filter. If any of the limits are exceeded, the
engine owner or operator must change the oil and filter within 2
business days of receiving the results of the analysis; if the engine
is not in operation when the results of the analysis are received, the
engine owner or operator must change the oil and filter within 2
business days or before commencing operation, whichever is later. The
owner or operator must keep records of the parameters that are analyzed
as part of the program, the results of the analysis, and the oil and
filter changes for the engine. The analysis program must be part of the
maintenance plan for the engine.
0
9. Amend Sec. 63.6645 by:
0
a. Revising paragraphs (b), (c), (d), (e), (h)(2) introductory text;
and
0
b. Adding paragraphs (h)(2)(i) and (ii).
The revisions and additions read as follows:
Sec. 63.6645 What notifications must I submit and when?
* * * * *
(b) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions before the effective date of this
subpart, you must submit an initial notification not later than
December 13, 2004, or no later than 120 days after the source becomes
subject to this subpart, whichever is later. Beginning on February 26,
2025, submit the notification electronically in portable document
format (PDF) consistent with Sec. 63.9(k).
(c) If you start up your new or reconstructed stationary RICE with
a site rating of more than 500 brake HP located at a major source of
HAP emissions on or after August 16, 2004, you must submit an initial
notification not later than 120 days after you become subject to this
subpart. Beginning on February 26, 2025, submit the notification
electronically in PDF consistent with Sec. 63.9(k).
[[Page 70517]]
(d) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE with a site rating of equal to or less than 500 brake
HP located at a major source of HAP emissions before the effective date
of this subpart and you are required to submit an initial notification,
you must submit an initial notification not later than July 16, 2008,
or no later than 120 days after the source becomes subject to this
subpart, whichever is later. Beginning on February 26, 2025, submit the
notification electronically in PDF consistent with Sec. 63.9(k).
(e) If you start up your new or reconstructed stationary RICE with
a site rating of equal to or less than 500 brake HP located at a major
source of HAP emissions on or after March 18, 2008, and you are
required to submit an initial notification, you must submit an initial
notification not later than 120 days after you become subject to this
subpart. Beginning on February 26, 2025, submit the notification
electronically in PDF consistent with Sec. 63.9(k).
* * * * *
(h) * * *
(2) Before February 26, 2025, for each initial compliance
demonstration required in table 5 to this subpart that includes a
performance test conducted according to the requirements in table 3 to
this subpart, you must submit the Notification of Compliance Status,
including the performance test results, before the close of business on
the 60th day following the completion of the performance test according
to Sec. 63.10(d)(2). Beginning on February 26, 2025, for each initial
compliance demonstration required in table 5 to this subpart that
includes a performance test conducted according to the requirements in
table 3 to this subpart, you must submit the Notification of Compliance
Status, including a summary of the performance test results, in PDF to
the EPA via the Compliance and Emissions Data Reporting Interface
(CEDRI), before the close of business on the 60th day following the
completion of the performance test following the procedure specified in
Sec. 63.9(k), except any Confidential Business Information (CBI) is to
be submitted according to paragraphs (h)(2)(i) and (ii) of this
section. Do not use CEDRI to submit information you claim as CBI.
Although we do not expect persons to assert a claim of CBI, if you wish
to assert a CBI claim for some of the information in the report, you
must submit a complete file, including information claimed to be CBI,
to the EPA following the procedures in paragraphs (h)(2)(i) and (ii) of
this section. Clearly mark the part or all of the information that you
claim to be CBI. Information not marked as CBI may be authorized for
public release without prior notice. Information marked as CBI will not
be disclosed except in accordance with procedures set forth in 40 CFR
part 2. All CBI claims must be asserted at the time of submission.
Anything submitted using CEDRI cannot later be claimed CBI.
Furthermore, under CAA section 114(c), emissions data is not entitled
to confidential treatment, and the EPA is required to make emissions
data available to the public. Thus, emissions data will not be
protected as CBI and will be made publicly available. You must submit
the same file submitted to the CBI office with the CBI omitted to the
EPA via the EPA's CDX as described earlier in this paragraph (h)(2).
(i) The preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol, or
other online file sharing services. Electronic submissions must be
transmitted directly to the OAQPS CBI Office at the email address
[email protected], and as described in paragraph (h)(2) of this section,
should include clear CBI markings and be flagged to the attention of
the Reciprocating Internal Combustion Engine Sector Lead. If assistance
is needed with submitting large electronic files that exceed the file
size limit for email attachments, and if you do not have your own file
sharing service, please email [email protected] to request a file
transfer link.
(ii) If you cannot transmit the file electronically, you may send
CBI information through the postal service to the following address:
OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental
Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research
Triangle Park, North Carolina 27711, Attention Reciprocating Internal
Combustion Engine Sector Lead. The mailed CBI material should be double
wrapped and clearly marked. Any CBI markings should not show through
the outer envelope.
* * * * *
0
10. Amend Sec. 63.6650 by:
0
a. Revising paragraph (c) introductory text and paragraph (c)(4);
0
b. Adding paragraphs (c)(7) through (9);
0
c. Revising paragraphs (d), (e) introductory text, paragraphs (e)(2),
(3), and (5) through (7);
0
d. Removing and reserving paragraph (e)(9);
0
e. Adding paragraph (e)(13);
0
f. Revising paragraphs (f), (h)(1)(iii), (ix), and (h)(3); and
0
g. Adding paragraph (i).
The revisions and additions read as follows:
Sec. 63.6650 What reports must I submit and when?
* * * * *
(c) The Compliance report must contain the information in
paragraphs (c)(1) through (8) of this section.
* * * * *
(4) If you had a malfunction during the reporting period, the
compliance report must include the starting and ending date and time,
the duration (in hours), and a brief description for each malfunction
which occurred during the reporting period and which caused or may have
caused any applicable emission limitation to be exceeded. The report
must also include a description of actions taken by an owner or
operator during a malfunction of an affected source to minimize
emissions in accordance with Sec. 63.6605(b), including actions taken
to correct a malfunction.
* * * * *
(7) Engine site rating in brake HP, year construction of the engine
commenced (as defined in Sec. 63.2, where the exact year is not known,
provide the best estimate), and type of engine (CI, SI 2SLB, SI 4SLB,
or SI 4SRB).
(8) Latitude and longitude of the engine in decimal degrees
reported to the fifth decimal place.
(9) An engine can be claimed as exempt from reporting coordinates
(latitude/longitude) via CEDRI if:
(i) During the reporting period, the engine will be owned by, or
operated by or for, an agency of the Federal Government responsible for
national defense; and
(ii) The agency determines that disclosing the coordinates to the
general public would be a threat to national security.
(d) For each deviation from an emission or operating limitation
that occurs for a stationary RICE where you are not using a CMS to
comply with the emission or operating limitations in this subpart, the
Compliance report must contain the information in paragraphs (c)(1)
through (8) of this section and the information in paragraphs (d)(1)
and (2) of this section.
(1) The total operating time (in hours) of the stationary RICE at
which the deviation occurred during the reporting period.
(2) Information on the number, duration (in hours), and cause of
deviations (including unknown cause, if applicable), as applicable, and
the corrective action taken.
[[Page 70518]]
(3) A description of any changes in processes, or controls since
the last reporting period.
(e) For each deviation from an emission or operating limitation
occurring for a stationary RICE where you are using a CMS to comply
with the emission and operating limitations in this subpart, you must
include information in paragraphs (c)(1) through (8) and (e)(1) through
(13) of this section.
* * * * *
(2) The start and end date and time and the duration (in hours)
that each CMS was inoperative, except for zero (low-level) and high-
level checks.
(3) The start and end date and time and the duration (in hours)
that each CMS was out-of-control, including the information in Sec.
63.8(c)(8).
* * * * *
(5) A summary of the total duration (in hours) of the deviation
during the reporting period, and the total duration as a percent of the
total source operating time during that reporting period.
(6) A breakdown of the total duration (in hours) 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.
(7) A summary of the total duration (in hours) of CMS downtime
during the reporting period, and the total duration of CMS downtime as
a percent of the total operating time of the stationary RICE at which
the CMS downtime occurred during that reporting period.
* * * * *
(13) The total operating time of the stationary RICE at which the
deviation occurred during the reporting period.
(f) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 71 must report all deviations as
defined in this subpart in the semiannual monitoring report required by
40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected
source submits a Compliance report pursuant to table 7 of this subpart
along with, or as part of, the semiannual monitoring report required by
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the
Compliance report includes all required information concerning
deviations from any emission or operating limitation in this subpart,
submission of the Compliance report shall be deemed to satisfy any
obligation to report the same deviations in the semiannual monitoring
report. However, submission of a Compliance report shall not otherwise
affect any obligation the affected source may have to report deviations
from permit requirements to the permit authority. Beginning on February
26, 2025, the semiannual and annual compliance report required in table
7 of this subpart must be submitted according to paragraph (i) of this
section. Only those elements required under this subpart are required
to be submitted according to paragraph (i) of this section.
* * * * *
(h) * * *
(1) * * *
(iii) Engine site rating in brake HP, year construction of the
engine commenced (as defined in Sec. 63.2, where the exact year is not
known, provide the best estimate), and type of engine (CI, SI 2SLB, SI
4SLB, or SI 4SRB).
* * * * *
(ix) If there were deviations from the fuel requirements in Sec.
63.6604 that apply to the engine (if any), information on the number,
duration (in hours), and cause of deviations, and the corrective action
taken.
* * * * *
(3) Before February 26, 2025, the annual report must be submitted
electronically using the subpart specific reporting form in the
Compliance and Emissions Data Reporting Interface (CEDRI) that is
accessed through EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). However, if the reporting form specific to this subpart
is not available in CEDRI at the time that the report is due, the
written report must be submitted to the Administrator at the
appropriate address listed in Sec. 63.13. Beginning on February 26,
2025, the annual report must be submitted according to paragraph (i) of
this section.
(i) Beginning on February 26, 2025 for the annual report specified
in Sec. 63.6650(h) and February 26, 2025 or one year after the report
becomes available in CEDRI, whichever is later for all other semiannual
or annual reports, submit all semiannual and annual subsequent
compliance reports using the appropriate electronic report template on
the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this subpart and following the procedure specified
in Sec. 63.9(k), except any CBI must be submitted according to the
procedures in Sec. 63.6645(h). The date report templates become
available will be listed on the CEDRI website. Unless the Administrator
or delegated state agency or other authority has approved a different
schedule for submission of reports, the report must be submitted by the
deadline specified in this subpart, regardless of the method in which
the report is submitted.
0
11. Amend Sec. 63.6655 by revising paragraph (a)(2) to read as
follows:
Sec. 63.6655 What records must I keep?
(a) * * *
(2) Records of the occurrence and duration (in hours) of each
malfunction of operation (i.e., process equipment) or the air pollution
control and monitoring equipment.
* * * * *
0
12. Amend Sec. 63.6670 by adding paragraph (c)(6) to read as follows:
Sec. 63.6670 Who implements and enforces this subpart?
* * * * *
(c) * * *
(6) Approval of an alternative to any electronic reporting to the
EPA required by this subpart.
0
13. Revise Table 2c to subpart ZZZZ of part 63 to read as follows:
[[Page 70519]]
Table 2c to Subpart ZZZZ of Part 63--Requirements for Existing
Compression Ignition Stationary RICE Located at a Major Source of HAP
Emissions and Existing Spark Ignition Stationary RICE <=500 HP Located
at a Major Source of HAP Emissions
[As stated in Sec. Sec. 63.6600, 63.6602, and 63.6640, you must
comply with the following requirements for existing compression ignition
stationary RICE located at a major source of HAP emissions and existing
spark ignition stationary RICE <=500 HP located at a major source of HAP
emissions]
------------------------------------------------------------------------
You must meet the
following
requirement, During periods of
For each . . . except during startup you must .
periods of startup . .
. . .
------------------------------------------------------------------------
1. Emergency stationary CI RICE a. Change oil and Minimize the
and black start stationary CI filter every 500 engine's time
RICE \1\. hours of spent at idle and
operation or minimize the
within 1 year + engine's startup
30 days of the time at startup
previous change, to a period
whichever comes needed for
first \2\. appropriate and
b. Inspect air safe loading of
cleaner every the engine, not
1,000 hours of to exceed 30
operation or minutes, after
within 1 year + which time the
30 days of the non-startup
previous emission
inspection, limitations
whichever comes apply.\3\
first, and
replace as
necessary;.
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
2. Non-Emergency, non-black a. Change oil and
start stationary CI RICE <100 filter every
HP. 1,000 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first \2\.
b. Inspect air
cleaner every
1,000 hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary;
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
3. Non-Emergency, non-black Limit
start CI stationary RICE concentration of
100<=HP<=300 HP. CO in the
stationary RICE
exhaust to 230
ppmvd or less at
15 percent O2.
4. Non-Emergency, non-black a. Limit
start CI stationary RICE concentration of
300500 concentration of
HP. CO in the
stationary RICE
exhaust to 23
ppmvd or less at
15 percent O2; or
b. Reduce CO
emissions by 70
percent or more.
6. Emergency stationary SI RICE a. Change oil and
and black start stationary SI filter every 500
RICE.\1\. hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \2\
b. Inspect spark
plugs every 1,000
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary;
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
7. Non-Emergency, non-black a. Change oil and
start stationary SI RICE <100 filter every
HP that are not 2SLB stationary 1,440 hours of
RICE. operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \2\
b. Inspect spark
plugs every 1,440
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
c. Inspect all
hoses and belts
every 1,440 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
8. Non-Emergency, non-black a. Change oil and
start 2SLB stationary SI RICE filter every
<100 HP. 4,320 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \2\
b. Inspect spark
plugs every 4,320
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary;
c. Inspect all
hoses and belts
every 4,320 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary \3\.
9. Non-emergency, non-black Limit
start 2SLB stationary RICE concentration of
100<=HP<=500. CO in the
stationary RICE
exhaust to 225
ppmvd or less at
15 percent O2.
10. Non-emergency, non-black Limit
start 4SLB stationary RICE concentration of
100<=HP<=500. CO in the
stationary RICE
exhaust to 47
ppmvd or less at
15 percent O2.
11. Non-emergency, non-black Limit
start 4SRB stationary RICE concentration of
100<=HP<=500. formaldehyde in
the stationary
RICE exhaust to
10.3 ppmvd or
less at 15
percent O2.
[[Page 70520]]
12. Non-emergency, non-black Limit
start stationary RICE concentration of
100<=HP<=500 which combusts CO in the
landfill or digester gas stationary RICE
equivalent to 10 percent or exhaust to 177
more of the gross heat input on ppmvd or less at
an annual basis. 15 percent O2.
------------------------------------------------------------------------
\1\ If an emergency engine is operating during an emergency and it is
not possible to shut down the engine in order to perform the work
practice requirements on the schedule required in table 2c of this
subpart, or if performing the work practice on the required schedule
would otherwise pose an unacceptable risk under Federal, state, or
local law, the work practice can be delayed until the emergency is
over or the unacceptable risk under Federal, state, or local law has
abated. The work practice should be performed as soon as practicable
after the emergency has ended or the unacceptable risk under Federal,
state, or local law has abated. Sources must report any failure to
perform the work practice on the schedule required and the Federal,
state or local law under which the risk was deemed unacceptable.
\2\ Sources have the option to utilize an oil analysis program as
described in Sec. 63.6625(i) or (j) in order to extend the specified
oil change requirement in table 2c of this subpart.
\3\ Sources can petition the Administrator pursuant to the requirements
of 40 CFR 63.6(g) for alternative work practices.
0
14. Revise Table 2d to subpart ZZZZ of part 63 to read as follows:
Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing
Stationary RICE Located at Area Sources of HAP Emissions
[As stated in Sec. Sec. 63.6603 and 63.6640, you must comply with the
following requirements for existing stationary RICE located at area
sources of HAP emissions:]
------------------------------------------------------------------------
You must meet the
following
requirement, During periods of
For each . . . except during startup you must .
periods of startup . .
. . .
------------------------------------------------------------------------
1. Non-Emergency, non-black a. Change oil and Minimize the
start CI stationary RICE <=300 filter every engine's time
HP. 1,000 hours of spent at idle and
operation or minimize the
within 1 year + engine's startup
30 days of the time at startup
previous change, to a period
whichever comes needed for
first; \1\ appropriate and
b. Inspect air safe loading of
cleaner every the engine, not
1,000 hours of to exceed 30
operation or minutes, after
within 1 year + which time the
30 days of the non-startup
previous emission
inspection, limitations
whichever comes apply.
first, and
replace as
necessary;.
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
2. Non-Emergency, non-black a. Limit
start CI stationary RICE concentration of
300500 concentration of
HP. CO in the
stationary RICE
exhaust to 23
ppmvd at 15
percent O2; or
b. Reduce CO
emissions by 70
percent or more.
4. Emergency stationary CI RICE a. Change oil and
and black start stationary CI filter every 500
RICE.\2\ hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect air
cleaner every
1,000 hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
5. Emergency stationary SI RICE; a. Change oil and
black start stationary SI RICE; filter every 500
non-emergency, non-black start hours of
4SLB stationary RICE >500 HP operation or
that operate 24 hours or less within 1 year +
per calendar year; non- 30 days of the
emergency, non-black start 4SRB previous change,
stationary RICE >500 HP that whichever comes
operate 24 hours or less per first; \1\
calendar year.\2\ b. Inspect spark
plugs every 1,000
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and.
c. Inspect all
hoses and belts
every 500 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
6. Non-emergency, non-black a. Change oil and
start 2SLB stationary RICE. filter every
4,320 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 4,320
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
[[Page 70521]]
c. Inspect all
hoses and belts
every 4,320 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
7. Non-emergency, non-black a. Change oil and
start 4SLB stationary RICE filter every
<=500 HP. 1,440 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 1,440
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 1,440 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
8. Non-emergency, non-black a. Change oil and
start 4SLB remote stationary filter every
RICE >500 HP. 2,160 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 2,160
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 2,160 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
9. Non-emergency, non-black Install an
start 4SLB stationary RICE >500 oxidation
HP that are not remote catalyst to
stationary RICE and that reduce HAP
operate more than 24 hours per emissions from
calendar year. the stationary
RICE.
10. Non-emergency, non-black a. Change oil and
start 4SRB stationary RICE filter every
<=500 HP. 1,440 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 1,440
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 1,440 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
11. Non-emergency, non-black a. Change oil and
start 4SRB remote stationary filter every
RICE >500 HP. 2,160 hours of
operation or
within 1 year +
30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 2,160
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and
c. Inspect all
hoses and belts
every 2,160 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
12. Non-emergency, non-black Install NSCR to
start 4SRB stationary RICE >500 reduce HAP
HP that are not remote emissions from
stationary RICE and that the stationary
operate more than 24 hours per RICE.
calendar year.
13. Non-emergency, non-black a. Change oil and
start stationary RICE which filter every
combusts landfill or digester 1,440 hours of
gas equivalent to 10 percent or operation or
more of the gross heat input on within 1 year +
an annual basis. 30 days of the
previous change,
whichever comes
first; \1\
b. Inspect spark
plugs every 1,440
hours of
operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary; and.
c. Inspect all
hoses and belts
every 1,440 hours
of operation or
within 1 year +
30 days of the
previous
inspection,
whichever comes
first, and
replace as
necessary.
------------------------------------------------------------------------
\1\ Sources have the option to utilize an oil analysis program as
described in Sec. 63.6625(i) or (j) in order to extend the specified
oil change requirement in table 2d of this subpart.
\2\ If an emergency engine is operating during an emergency and it is
not possible to shut down the engine in order to perform the
management practice requirements on the schedule required in table 2d
of this subpart, or if performing the management practice on the
required schedule would otherwise pose an unacceptable risk under
Federal, state, or local law, the management practice can be delayed
until the emergency is over or the unacceptable risk under Federal,
state, or local law has abated. The management practice should be
performed as soon as practicable after the emergency has ended or the
unacceptable risk under Federal, state, or local law has abated.
Sources must report any failure to perform the management practice on
the schedule required and the Federal, state or local law under which
the risk was deemed unacceptable.
[[Page 70522]]
* * * * *
0
15. Revise Table 7 to subpart ZZZZ of part 63 to read as follows:
Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports
[As stated in Sec. 63.6650, you must comply with the following requirements for reports:]
----------------------------------------------------------------------------------------------------------------
The report must You must submit the
For each . . . You must submit a . . . contain . . . report . . .
----------------------------------------------------------------------------------------------------------------
1. Existing non-emergency, non- Compliance report............... a. If there are no i. Semiannually
black start stationary RICE deviations from any according to the
100<=HP<=500 located at a major emission requirements in
source of HAP; existing non- limitations or Sec.
emergency, non-black start operating 63.6650(b)(1)-(5)
stationary CI RICE >500 HP limitations that and (i) for engines
located at a major source of HAP; apply to you, a that are not
existing non-emergency 4SRB statement that limited use
stationary RICE >500 HP located there were no stationary RICE
at a major source of HAP; deviations from the subject to
existing non-emergency, non-black emission numerical emission
start stationary CI RICE >300 HP limitations or limitations; and
located at an area source of HAP; operating ii. Annually
new or reconstructed non- limitations during according to the
emergency stationary RICE >500 HP the reporting requirements in
located at a major source of HAP; period. If there Sec.
and new or reconstructed non- were no periods 63.6650(b)(6)-(9)
emergency 4SLB stationary RICE during which the and (i) for engines
250<=HP<=500 located at a major CMS, including CEMS that are limited
source of HAP. and CPMS, was out- use stationary RICE
of-control, as subject to
specified in Sec. numerical emission
63.8(c)(7), a limitations.
statement that i. Semiannually
there were not according to the
periods during requirements in
which the CMS was Sec. 63.6650(b)
out-of-control and (i).
during the
reporting period;
or
b. If you had a
deviation from any
emission limitation
or operating
limitation during
the reporting
period, the
information in Sec.
63.6650(d). If
there were periods
during which the
CMS, including CEMS
and CPMS, was out-
of-control, as
specified in Sec.
63.8(c)(7), the
information in Sec.
63.6650(e); or.
c. If you had a i. Semiannually
malfunction during according to the
the reporting requirements in
period, the Sec. 63.6650(b)
information in Sec. and (i).
63.6650(c)(4).
2. New or reconstructed non- Report.......................... a. The fuel flow i. Annually,
emergency stationary RICE that rate of each fuel according to the
combusts landfill gas or digester and the heating requirements in
gas equivalent to 10 percent or values that were Sec. 63.6650.
more of the gross heat input on used in your
an annual basis. calculations, and
you must
demonstrate that
the percentage of
heat input provided
by landfill gas or
digester gas, is
equivalent to 10
percent or more of
the gross heat
input on an annual
basis; and
b. The operating i. See item 2.a.i.
limits provided in
your federally
enforceable permit,
and any deviations
from these limits;
and
c. Any problems or i. See item 2.a.i.
errors suspected
with the meters.
3. Existing non-emergency, non- Compliance report............... a. The results of i. Semiannually
black start 4SLB and 4SRB the annual according to the
stationary RICE >500 HP located compliance requirements in
at an area source of HAP that are demonstration, if Sec.
not remote stationary RICE and conducted during 63.6650(b)(1)-(5)
that operate more than 24 hours the reporting and (i).
per calendar year. period.
4. Emergency stationary RICE that Report.......................... a. The information i. Annually
operate for the purposes in Sec. according to the
specified in Sec. 63.6650(h)(1). requirements in
63.6640(f)(4)(ii). Sec.
63.6650(h)(2)-(3)
and (i).
----------------------------------------------------------------------------------------------------------------
0
16. Revise Table 8 to subpart ZZZZ of part 63 to read as follows:
Table 8 to Subpart ZZZZ of Part 63--Applicability of General Provisions to Subpart ZZZZ
[As stated in Sec. 63.6665, you must comply with the following applicable general provisions]
----------------------------------------------------------------------------------------------------------------
General provisions citation Subject of citation Applies to subpart Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1....................... General applicability Yes............................
of the General
Provisions.
Sec. 63.2....................... Definitions.......... Yes............................ Additional terms
defined in Sec.
63.6675.
Sec. 63.3....................... Units and Yes............................
abbreviations.
Sec. 63.4....................... Prohibited activities Yes............................
and circumvention.
[[Page 70523]]
Sec. 63.5....................... Construction and Yes............................
reconstruction.
Sec. 63.6(a).................... Applicability........ Yes............................
Sec. 63.6(b)(1)-(4)............. Compliance dates for Yes............................
new and
reconstructed
sources.
Sec. 63.6(b)(5)................. Notification......... Yes............................
Sec. 63.6(b)(6)................. [Reserved]...........
Sec. 63.6(b)(7)................. Compliance dates for Yes............................
new and
reconstructed area
sources that become
major sources.
Sec. 63.6(c)(1)-(2)............. Compliance dates for Yes............................
existing sources.
Sec. 63.6(c)(3)-(4)............. [Reserved]...........
Sec. 63.6(c)(5)................. Compliance dates for Yes............................
existing area
sources that become
major sources.
Sec. 63.6(d).................... [Reserved]...........
Sec. 63.6(e).................... Operation and No.............................
maintenance.
Sec. 63.6(f)(1)................. Applicability of No.............................
standards.
Sec. 63.6(f)(2)................. Methods for Yes............................
determining
compliance.
Sec. 63.6(f)(3)................. Finding of compliance Yes............................
Sec. 63.6(g)(1)-(3)............. Use of alternate Yes............................
standard.
Sec. 63.6(h).................... Opacity and visible No............................. Subpart ZZZZ does
emission standards. not contain opacity
or visible emission
standards.
Sec. 63.6(i).................... Compliance extension Yes............................
procedures and
criteria.
Sec. 63.6(j).................... Presidential Yes............................
compliance exemption.
Sec. 63.7(a)(1)-(2)............. Performance test Yes............................ Subpart ZZZZ
dates. contains
performance test
dates at Sec. Sec.
63.6610, 63.6611,
and 63.6612.
Sec. 63.7(a)(3)................. CAA section 114 Yes............................
authority.
Sec. 63.7(b)(1)................. Notification of Yes............................ Except that Sec.
performance test. 63.7(b)(1) only
applies as
specified in Sec.
63.6645.
Sec. 63.7(b)(2)................. Notification of Yes............................ Except that Sec.
rescheduling. 63.7(b)(2) only
applies as
specified in Sec.
63.6645.
Sec. 63.7(c).................... Quality assurance/ Yes............................ Except that Sec.
test plan. 63.7(c) only
applies as
specified in Sec.
63.6645.
Sec. 63.7(d).................... Testing facilities... Yes............................
Sec. 63.7(e)(1)................. Conditions for No............................. Subpart ZZZZ
conducting specifies
performance tests. conditions for
conducting
performance tests
at Sec. 63.6620.
Sec. 63.7(e)(2)................. Conduct of Yes............................ Subpart ZZZZ
performance tests specifies test
and reduction of methods at Sec.
data. 63.6620.
Sec. 63.7(e)(3)................. Test run duration.... Yes............................
Sec. 63.7(e)(4)................. Administrator may Yes............................
require other
testing under
section 114 of the
CAA.
Sec. 63.7(f).................... Alternative test Yes............................
method provisions.
Sec. 63.7(g).................... Performance test data Yes............................
analysis,
recordkeeping, and
reporting.
Sec. 63.7(h).................... Waiver of tests...... Yes............................
Sec. 63.8(a)(1)................. Applicability of Yes............................ Subpart ZZZZ
monitoring contains specific
requirements. requirements for
monitoring at Sec.
63.6625.
Sec. 63.8(a)(2)................. Performance Yes............................
specifications.
Sec. 63.8(a)(3)................. [Reserved]...........
Sec. 63.8(a)(4)................. Monitoring for No.............................
control devices.
Sec. 63.8(b)(1)................. Monitoring........... Yes............................
Sec. 63.8(b)(2)-(3)............. Multiple effluents Yes............................
and multiple
monitoring systems.
Sec. 63.8(c)(1)................. Monitoring system Yes............................
operation and
maintenance.
Sec. 63.8(c)(1)(i).............. Routine and No.............................
predictable SSM.
Sec. 63.8(c)(1)(ii)............. SSM not in Startup Yes............................
Shutdown Malfunction
Plan.
Sec. 63.8(c)(1)(iii)............ Compliance with No.............................
operation and
maintenance
requirements.
Sec. 63.8(c)(2)-(3)............. Monitoring system Yes............................
installation.
Sec. 63.8(c)(4)................. Continuous monitoring Yes............................ Except that subpart
system (CMS) ZZZZ does not
requirements. require Continuous
Opacity Monitoring
System (COMS).
Sec. 63.8(c)(5)................. COMS minimum No............................. Subpart ZZZZ does
procedures. not require COMS.
Sec. 63.8(c)(6)-(8)............. CMS requirements..... Yes............................ Except that subpart
ZZZZ does not
require COMS.
[[Page 70524]]
Sec. 63.8(d).................... CMS quality control.. Yes............................
Sec. 63.8(e).................... CMS performance Yes............................ Except for Sec.
evaluation. 63.8(e)(5)(ii),
which applies to
COMS.
Except that Sec.
63.8(e) only
applies as
specified in Sec.
63.6645.
Sec. 63.8(f)(1)-(5)............. Alternative Yes............................ Except that Sec.
monitoring method. 63.8(f)(4) only
applies as
specified in Sec.
63.6645.
Sec. 63.8(f)(6)................. Alternative to Yes............................ Except that Sec.
relative accuracy 63.8(f)(6) only
test. applies as
specified in Sec.
63.6645.
Sec. 63.8(g).................... Data reduction....... Yes............................ Except that
provisions for COMS
are not applicable.
Averaging periods
for demonstrating
compliance are
specified at Sec.
Sec. 63.6635 and
63.6640.
Sec. 63.9(a).................... Applicability and Yes............................
State delegation of
notification
requirements.
Sec. 63.9(b)(1)-(5)............. Initial notifications Yes............................ Except that Sec.
63.9(b)(3) is
reserved.
Except that Sec.
63.9(b) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(c).................... Request for Yes............................ Except that Sec.
compliance extension. 63.9(c) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(d).................... Notification of Yes............................ Except that Sec.
special compliance 63.9(d) only
requirements for new applies as
sources. specified in Sec.
63.6645.
Sec. 63.9(e).................... Notification of Yes............................ Except that Sec.
performance test. 63.9(e) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(f).................... Notification of No............................. Subpart ZZZZ does
visible emission not contain opacity
(VE)/opacity test. or VE standards.
Sec. 63.9(g)(1)................. Notification of Yes............................ Except that Sec.
performance 63.9(g) only
evaluation. applies as
specified in Sec.
63.6645.
Sec. 63.9(g)(2)................. Notification of use No............................. Subpart ZZZZ does
of COMS data. not contain opacity
or VE standards.
Sec. 63.9(g)(3)................. Notification that Yes............................ If alternative is in
criterion for use.
alternative to RATA Except that Sec.
is exceeded. 63.9(g) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(h)(1)-(6)............. Notification of Yes............................ Except that
compliance status. notifications for
sources using a
CEMS are due 30
days after
completion of
performance
evaluations. Sec.
63.9(h)(4) is
reserved.
Except that Sec.
63.9(h) only
applies as
specified in Sec.
63.6645.
Sec. 63.9(i).................... Adjustment of Yes............................
submittal deadlines.
Sec. 63.9(j).................... Change in previous Yes............................
information.
Sec. 63.9(k).................... Electronic reporting Yes............................ Only as specified in
procedures. Sec. Sec.
63.9(j), 63.6620,
63.6625, 63.6645,
and 63.6650.
Sec. 63.10(a)................... Administrative Yes............................
provisions for
recordkeeping/
reporting.
Sec. 63.10(b)(1)................ Record retention..... Yes............................ Except that the most
recent 2 years of
data do not have to
be retained on
site.
Sec. 63.10(b)(2)(i)-(v)......... Records related to No.............................
SSM.
Sec. 63.10(b)(2)(vi)-(xi)....... Records.............. Yes............................
Sec. 63.10(b)(2)(xii)........... Record when under Yes............................
waiver.
Sec. 63.10(b)(2)(xiii).......... Records when using Yes............................ For CO standard if
alternative to RATA. using RATA
alternative.
Sec. 63.10(b)(2)(xiv)........... Records of supporting Yes............................
documentation.
Sec. 63.10(b)(3)................ Records of Yes............................
applicability
determination.
Sec. 63.10(c)................... Additional records Yes............................ Except that Sec.
for sources using 63.10(c)(2)-(4) and
CEMS. (9) are reserved.
Sec. 63.10(d)(1)................ General reporting Yes............................
requirements.
Sec. 63.10(d)(2)................ Report of performance Yes............................
test results.
Sec. 63.10(d)(3)................ Reporting opacity or No............................. Subpart ZZZZ does
VE observations. not contain opacity
or VE standards.
Sec. 63.10(d)(4)................ Progress reports..... Yes............................
Sec. 63.10(d)(5)................ Startup, shutdown, No.............................
and malfunction
reports.
Sec. 63.10(e)(1) and (2)(i)..... Additional CMS Yes............................
Reports.
Sec. 63.10(e)(2)(ii)............ COMS-related report.. No............................. Subpart ZZZZ does
not require COMS.
[[Page 70525]]
Sec. 63.10(e)(3)................ Excess emission and No............................. Excess emissions and
parameter exceedance
exceedances reports. reporting is
specified in Sec.
63.6650.
Sec. 63.10(e)(4)................ Reporting COMS data.. No............................. Subpart ZZZZ does
not require COMS.
Sec. 63.10(f)................... Waiver for Yes............................
recordkeeping/
reporting.
Sec. 63.11...................... Flares............... No.............................
Sec. 63.12...................... State authority and Yes............................
delegations.
Sec. 63.13...................... Addresses............ Yes............................
Sec. 63.14...................... Incorporation by Yes............................
reference.
Sec. 63.15...................... Availability of Yes............................
information.
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[FR Doc. 2024-18766 Filed 8-29-24; 8:45 am]
BILLING CODE 6560-50-P