
[Federal Register: March 5, 2009 (Volume 74, Number 42)]
[Proposed Rules]               
[Page 9697-9731]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr09-11]                         


[[Page 9697]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



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National Emission Standards for Hazardous Air Pollutants for 
Reciprocating Internal Combustion Engines; Proposed Rule


[[Page 9698]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0708, FRL-8778-6]
RIN 2060-AP36

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing national emission standards for hazardous air 
pollutants for existing stationary reciprocating internal combustion 
engines that either are located at area sources of hazardous air 
pollutant emissions or that have a site rating of less than or equal to 
500 brake horsepower and are located at major sources of hazardous air 
pollutant emissions. In addition, EPA is proposing national emission 
standards for hazardous air pollutants for existing stationary 
compression ignition engines greater than 500 brake horsepower that are 
located at major sources, based on a new review of these engines 
following the first RICE NESHAP rulemaking in 2004. In addition, EPA is 
proposing to amend the previously promulgated regulations regarding 
operation of stationary reciprocating internal combustion engines 
during periods of startup, shutdown and malfunction.

DATES: Comments must be received on or before May 4, 2009, or 30 days 
after date of public hearing if later. Under the Paperwork Reduction 
Act, comments on the information collection provisions must be received 
by the Office of Management and Budget (OMB) on or before April 6, 
2009.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by March 25, 2009, a public hearing will be held on 
April 6, 2009. If you are interested in attending the public hearing, 
contact Ms. Pamela Garrett at (919) 541-7966 to verify that a hearing 
will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0708, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. Please include a total of two copies. 
EPA requests a separate copy also be sent to the contact person 
identified below (see FOR FURTHER INFORMATION CONTACT). In addition, 
please mail a copy of your comments on the information collection 
provisions to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, Attn: Desk Officer for EPA, 725 17th St., 
NW., Washington, DC 20503.
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW., Washington, 
DC. Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0708. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Public Hearing: If a public hearing is held, it will be held at 
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle 
Park, NC or an alternate site nearby.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. We also rely on documents in Docket ID Nos. 
EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, and EPA-HQ-OAR-2005-0030, 
and incorporate those dockets into the record for this proposed rule. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at the Air and Radiation 
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

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

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

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
II. Background
III. Summary of This Proposed Rule
    A. What is the source category regulated by this proposed rule?
    B. What are the pollutants regulated by this proposed rule?
    C. What are the proposed standards?
    D. What are the requirements for demonstrating compliance?
    E. What are the reporting and recordkeeping requirements?
IV. Rationale for Proposed Rule
    A. Which control technologies apply to stationary RICE?
    B. How did EPA determine the basis and level of the proposed 
standards?
    C. How did EPA determine the compliance requirements?
    D. How did EPA determine the reporting and recordkeeping 
requirements?
V. Summary of Environmental, Energy and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the benefits?
    D. What are the non-air health, environmental and energy 
impacts?

[[Page 9699]]

VI. Solicitation of Public Comments and Participation
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

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

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

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your engine is regulated by this action, 
you should examine the applicability criteria of this proposed rule. If 
you have any questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI to only the following address: Mrs. Melanie King, c/o 
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research 
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2008-0708.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    (a) Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    (b) Follow directions. EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    (c) Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    (d) Describe any assumptions and provide any technical information 
and/or data that you used.
    (e) If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    (f) Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    (g) Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    (h) Make sure to submit your comments by the comment period 
deadline identified.
    Docket. The docket number for this proposed rule is Docket ID No. 
EPA-HQ-OAR-2008-0708.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will be posted on the WWW 
through the Technology Transfer Network Web site (TTN Web). Following 
signature, EPA will post a copy of this proposed rule on the TTN's 
policy and guidance page for newly proposed or promulgated rules at 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.

II. Background

    This action proposes national emission standards for hazardous air 
pollutants (NESHAP) from existing stationary reciprocating internal 
combustion engines (RICE) with a site rating of less than or equal to 
500 horsepower (HP) located at major sources, existing non-emergency CI 
engines with a site rating >500 HP at major sources, and existing 
stationary RICE of any power rating located at area sources. EPA is 
proposing these requirements to meet its statutory obligation to 
address hazardous air pollutants (HAP) emissions from these sources 
under sections 112(d), 112(c)(3) and 112(k) of the CAA. The final 
NESHAP for stationary RICE would be promulgated under 40 CFR part 63, 
subpart ZZZZ, which already contains standards applicable to new 
stationary RICE and some existing stationary RICE.
    EPA promulgated NESHAP for existing, new, and reconstructed 
stationary RICE greater than 500 HP located at major sources on June 
15, 2004 (69 FR 33474). EPA promulgated NESHAP for new and 
reconstructed stationary RICE that are located at area sources of HAP 
emissions and for new and reconstructed stationary RICE that have a 
site rating of less than or equal to 500 HP that are located at major 
sources of HAP emissions on January 18, 2008 (73 FR 3568). At that 
time, EPA did not promulgate final requirements for existing stationary 
RICE that are located at area sources of HAP emissions or for existing 
stationary RICE that have a site rating of less than or equal to 500 HP 
that are located at major sources of HAP emissions. Although EPA 
proposed requirements for these sources, EPA did not finalize these

[[Page 9700]]

requirements due to comments received indicating that the proposed 
Maximum Achievable Control Technology (MACT) determinations for 
existing sources were inappropriate and because of a decision by the 
U.S. Court of Appeals for the District of Columbia Circuit on March 13, 
2007, which vacated EPA's MACT standards for the Brick and Structural 
Clay Products Manufacturing source category (40 CFR part 63, subpart 
JJJJJ). Sierra Club v. EPA, 479 F.3d 875 (DC Cir 2007). Among other 
things, the D.C. Circuit found that EPA's no emission reduction MACT 
determination in the challenged rule was unlawful. Because in the 
proposed stationary RICE rule, EPA had used a MACT floor methodology 
similar to the methodology used in the Brick MACT, EPA decided to re-
evaluate the MACT floors for existing major sources that have a site 
rating of less than or equal to 500 brake HP consistent with the 
Court's decision in the Brick MACT case. EPA has also re-evaluated the 
standards for existing area sources in light of the comments received 
on the proposed rule.
    This proposal initiates a separate rulemaking process that focuses 
on existing sources. EPA has gathered further information on existing 
engines and has considered comments it received on the original 
proposed rule and the intervening court decision in creating this 
proposed rulemaking. Commenters are advised to provide new comments in 
response to this proposal and not to rely on any comments they may have 
provided in previous rulemaking actions.
    In addition, stakeholders have encouraged the Agency to review 
whether there are further ways to reduce emissions of pollutants from 
existing stationary diesel engines. In its comments on EPA's 2006 
proposed rule for new stationary diesel engines,\1\ the Environmental 
Defense Fund (EDF) suggested several possible avenues for the 
regulation of existing stationary diesel engines, including use of 
diesel oxidation catalysts or catalyzed diesel particulate filters 
(CDPF), as well as the use of ultra low sulfur diesel (ULSD) fuel. EDF 
suggested that such controls can provide significant pollution 
reductions at reasonable cost. EPA issued an advance notice of proposed 
rulemaking (ANPRM) in January 2008, where it solicited comment on 
several issues concerning options to regulate emissions of pollutants 
from existing stationary diesel engines, generally, and specifically 
from larger, older stationary diesel engines. EPA solicited comment and 
collected information to aid decision-making related to the reduction 
of HAP emissions from existing stationary diesel engines and 
specifically from larger, older engines under Clean Air Act (CAA) 
section 112 authorities. The Agency sought comment on the larger, older 
engines because available data indicate that those engines emit the 
majority of particulate matter (PM) and toxic emissions from non-
emergency stationary engines as a whole. A summary of comments and 
responses that were received on the ANPRM was added to docket EPA-HQ-
OAR-2007-0995.
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    \1\ ``Standards of Performance for Stationary Spark Ignition 
Internal Combustion Engines and National Emission Standards for 
Hazardous Air Pollution for Reciprocating Internal Combustion 
Engines,'' 71 FR 33803-33855, http://www.epa.gov/ttn/atw/rice/
ricepg.html, June 12, 2006.
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    EPA has taken several actions over the past several years to reduce 
exhaust pollutants from stationary diesel engines, but believes that 
further reducing exhaust pollutants from stationary diesel engines, 
particularly existing stationary diesel engines that have not been 
subject to Federal standards, is justified. Therefore, EPA is proposing 
emissions reductions from existing stationary diesel engines.

III. Summary of This Proposed Rule

A. What is the source category regulated by this proposed rule?

    This proposed rule addresses emissions from existing stationary 
engines less than or equal to 500 HP located at major sources and all 
existing stationary engines located at area sources. A major source of 
HAP emissions is a stationary source that emits or has the potential to 
emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per 
year or any combination of HAP at a rate of 25 tons (22.68 megagrams) 
or more per year, except that for oil and gas production facilities, a 
major source of HAP emissions is determined for each surface site. 42 
Sec.  7412(n)(4). An area source of HAP emissions is a source that is 
not a major source. This proposed rule also addresses emissions from 
existing compression ignition (CI) engines greater than 500 HP located 
at major sources.
    This action is a revision to the regulations in 40 CFR part 63, 
subpart ZZZZ, currently applicable to existing, new, and reconstructed 
stationary RICE greater than 500 HP located at major sources; new and 
reconstructed stationary RICE less than or equal to 500 HP located at 
major sources; and new and reconstructed stationary RICE located at 
area sources. Subpart ZZZZ does not currently cover existing stationary 
engines located at area sources of HAP emissions, nor does it apply to 
existing stationary engines located at major sources with a site rating 
of 500 HP or less. When the subpart ZZZZ regulations were promulgated 
(see 69 FR 33474, June 15, 2004), EPA deferred promulgating regulations 
with respect to stationary engines 500 HP or less at major sources 
until further information on the engines could be obtained and 
analyzed. EPA decided to regulate these smaller engines at the same 
time that it regulated engines located at area sources. EPA issued 
regulations for new stationary engines located at area sources of HAP 
emissions and new stationary engines located at major sources with a 
site rating of 500 HP or less in the rulemaking issued on January 18, 
2008 (73 FR 3568), but did not promulgate a final regulation for 
existing stationary engines.
1. Stationary RICE <=500 HP at Major Sources
    This action proposes to revise 40 CFR part 63, subpart ZZZZ, to 
address HAP emissions from existing stationary RICE less than or equal 
to 500 HP located at major sources. For stationary engines less than or 
equal to 500 HP at major sources, EPA must determine what is the 
appropriate MACT for those engines under section 112(d)(3) of the CAA.
    EPA has divided the source category into the following 
subcategories:
     Stationary RICE less than 50 HP,
     Landfill and digester gas stationary RICE greater than or 
equal to 50 HP,
     CI stationary RICE greater than or equal to 50 HP,
    [cir] Emergency
    [cir] Non-emergency and
     Spark ignition (SI) stationary RICE greater than or equal 
to 50 HP
    [cir] Emergency
    [cir] Non-emergency
    [dec221] 2-stroke lean burn (2SLB)
      <250 HP
      >=250 HP
    [dec221] 4-stroke lean burn (4SLB)
      <250 HP
      >=250 HP
    [dec221] 4-stroke rich burn (4SRB).
2. Stationary RICE at Area Sources
    This action proposes to revise 40 CFR part 63, subpart ZZZZ, in 
order to address HAP emissions from existing stationary RICE located at 
area sources. Section 112(d) of the Clean Air Act (CAA) requires EPA to 
establish national emission standards for hazardous air pollutants 
(NESHAP) for both major and area sources of HAP that are listed for 
regulation under CAA section 112(c). As noted above, an area

[[Page 9701]]

source is a stationary source that is not a major source.
    Section 112(k)(3)(B) of the CAA calls for EPA to identify at least 
30 HAP that, as a result of emissions of area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy (64 FR 38715, July 19, 1999). Specifically, in the 
Strategy, EPA identified 30 HAP that pose the greatest potential health 
threat in urban areas, and these HAP are referred to as the ``30 urban 
HAP.'' Section 112(c)(3) requires EPA to list sufficient categories or 
subcategories of area sources to ensure that area sources representing 
90 percent of the emissions of the 30 urban HAP are subject to 
regulation. EPA implemented these requirements through the Integrated 
Urban Air Toxics Strategy (64 FR 38715, July 19, 1999). The area source 
stationary engine source category was one of the listed categories. A 
primary goal of the Strategy is to achieve a 75 percent reduction in 
cancer incidence attributable to HAP emitted from stationary sources.
    Under CAA section 112(d)(5), EPA may elect to promulgate standards 
or requirements for area sources ``which provide for the use of 
generally available control technologies or management practices by 
such sources to reduce emissions of hazardous air pollutants.'' 
Additional information on generally available control technologies 
(GACT) or management practices is found in the Senate report on the 
legislation (Senate report Number 101-228, December 20, 1989), which 
describes GACT as:

* * * methods, practices and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems.

Consistent with the legislative history, EPA can consider costs and 
economic impacts in determining GACT, which is particularly important 
when developing regulations for source categories, like this one, that 
have many small businesses.
    Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. EPA also considers the 
standards applicable to major sources in the same industrial sector to 
determine if the control technologies and management practices are 
transferable and generally available to area sources. In appropriate 
circumstances, EPA may also consider technologies and practices at area 
and major sources in similar categories to determine whether such 
technologies and practices could be considered generally available for 
the area source category at issue. Finally, as EPA has already noted, 
in determining GACT for a particular area source category, EPA 
considers the costs and economic impacts of available control 
technologies and management practices on that category.
    The urban HAP that must be regulated at stationary RICE to achieve 
the section 112(c)(3) requirement to regulate categories accounting for 
90 percent of the urban HAP are: 7 PAH, formaldehyde, acetaldehyde, 
arsenic, benzene, beryllium compounds, and cadmium compounds. As 
explained below, EPA chose to select formaldehyde to serve as a 
surrogate for HAP emissions. Formaldehyde is the hazardous air 
pollutant present in the highest concentration from stationary engines. 
In addition, emissions data show that formaldehyde emission levels are 
related to other HAP emission levels. EPA is proposing standards for 
area source stationary RICE below.
    The subcategories for area sources are the same as those for major 
sources and are listed in section A.1. above.
3. Stationary CI RICE >500 HP at Major Sources
    In addition, EPA is proposing emission standards for non-emergency 
stationary CI engines greater than 500 HP at major sources under its 
authority to review and revise emission standards as necessary under 
section 112(d) of the CAA.

B. What are the pollutants regulated by this proposed rule?

    The rule being proposed in this action would regulate emissions of 
HAP. Available emissions data show that several HAP, which are formed 
during the combustion process or which are contained within the fuel 
burned, are emitted from stationary engines. The HAP which have been 
measured in emission tests conducted on natural gas fired and diesel 
fired RICE include: 1,1,2,2-tetrachloroethane, 1,3-butadiene, 2,2,4-
trimethylpentane, acetaldehyde, acrolein, benzene, chlorobenzene, 
chloroethane, ethylbenzene, formaldehyde, methanol, methylene chloride, 
n-hexane, naphthalene, polycyclic aromatic hydrocarbons, polycyclic 
organic matter, styrene, tetrachloroethane, toluene, and xylene. 
Metallic HAP from diesel fired stationary RICE that have been measured 
are: cadmium, chromium, lead, manganese, mercury, nickel, and selenium. 
Although numerous HAP may be emitted from RICE, only a few account for 
essentially all of the mass of HAP emissions from stationary RICE. 
These HAP are: Formaldehyde, acrolein, methanol, and acetaldehyde.
    EPA described the health effects of these HAP and other HAP emitted 
from the operation of stationary RICE in the preamble to 40 CFR part 
63, subpart ZZZZ, published on June 15, 2004 (69 FR 33474). These HAP 
emissions are known to cause, or contribute significantly to air 
pollution, which may reasonably be anticipated to endanger public 
health or welfare.
    EPA is proposing to limit emissions of HAP through emissions 
standards for formaldehyde for non-emergency 4SRB engines, emergency SI 
engines, and engines less than 50 HP, and through emission standards 
for carbon monoxide (CO) for all other engines. For the RICE NESHAP 
promulgated in 2004 (69 FR 33474) for engines greater than 500 HP 
located at major sources, EPA chose to select formaldehyde to serve as 
a surrogate for HAP emissions. Formaldehyde is the hazardous air 
pollutant present in the highest concentration in the exhaust from 
stationary engines. In addition, emissions data show that formaldehyde 
emission levels are related to other HAP emission levels.
    For the NESHAP promulgated in 2004, EPA also found that there is a 
relationship between CO emissions reductions and HAP emissions 
reductions from 2SLB, 4SLB, and CI stationary engines. Therefore, 
because testing for CO emissions has many advantages over testing for 
formaldehyde, CO emissions were chosen as a surrogate for HAP emissions 
reductions for 2SLB, 4SLB, and CI stationary engines operating with 
oxidation catalyst systems for that rule. However, EPA could not 
confirm the same relationship between CO and formaldehyde for 4SRB 
engines, so emission standards for such engines were provided in terms 
of formaldehyde.
    For the standards being proposed in this action, EPA believes that 
previous decisions regarding the appropriateness of using formaldehyde 
and CO both in concentration (ppm) levels as has been done for 
stationary sources before as surrogates for HAP are still valid.\2\ 
Consequently, EPA is proposing emission standards for formaldehyde for 
4SRB engines and emission standards

[[Page 9702]]

for CO for lean burn and CI engines in order to regulate HAP emissions. 
Information EPA has received from stationary engine manufacturers 
indicate that most SI emergency engines and engines below 50 HP are and 
will be 4SRB engines. As discussed above, EPA could not confirm a 
relationship between CO and formaldehyde emissions for 4SRB engines. 
Therefore, EPA is proposing standards for formaldehyde for those 
engines. EPA is interested in receiving comments on the use of 
formaldehyde as a surrogate for HAP and information on any other 
surrogates that may be better indicators of total HAP emissions and 
their reductions.
---------------------------------------------------------------------------

    \2\ In contrast, mobile source emission standards for diesel 
engines (both nonroad and on-highway) are promulgated on a mass 
basis rather than concentration.
---------------------------------------------------------------------------

    We recognize that stationary diesel engines emit trace amounts of 
metal HAP that remain in the particle phase. EPA believes that 
formaldehyde and CO are reasonable surrogates for total HAP. Although 
metal HAP emissions from existing diesel engines are very small--a 
total of about 200 tons per year--we are interested in receiving 
comments and data about more appropriate surrogates, if any, for the 
metallic HAP emissions.
    In addition to reducing HAP and CO, the proposed rule would likely 
result in the reduction of PM emissions from existing diesel engines. 
The aftertreatment technologies expected to be used to reduce HAP and 
CO emissions also reduce emissions of PM from diesel engines. 
Furthermore, this proposed rule would also result in nitrogen oxides 
(NOX ) reductions from rich burn engines since these engines 
would likely need to install non-selective catalytic reduction (NSCR) 
technology that helps reduce NOX in addition to CO and HAP 
emissions. Also, we propose the use of ULSD for diesel-fueled 
stationary non-emergency CI engines greater than 300 HP with a 
displacement of less than 30 liters per cylinder. This will result in 
lower emissions of sulfur oxides (SOX) and sulfate 
particulate from these engines by reducing the sulfur content in the 
fuel.

C. What are the proposed standards?

1. Existing Stationary RICE at Major Sources
    The emission standards that are being proposed in this action for 
stationary RICE less than or equal to 500 HP located at major sources 
and stationary CI RICE greater than 300 HP located at major sources are 
shown in Table 1 of this preamble. Note that EPA is also co-proposing 
that the same standards apply during both normal operation and periods 
of startup and malfunctions.

   Table 1--Emission Standards for Existing Stationary RICE Located at
                              Major Sources
------------------------------------------------------------------------
                              Emission standards at 15 percent O2 (parts
                                 per million by volume on a dry basis)
                             -------------------------------------------
         Subcategory              Except during       During periods of
                               periods of startup,       startup, or
                                 or malfunction          malfunction
------------------------------------------------------------------------
Non-Emergency 2SLB            85 ppmvd CO.........  85 ppmvd CO.
 50>=HP<=249.
Non-Emergency 2SLB            8 ppmvd CO or 90% CO  85 ppmvd CO.
 250>=HP<=500.                 reduction.
Non-Emergency 4SLB            95 ppmvd CO.........  95 ppmvd CO.
 50>=HP<=249.
Non-Emergency 4SLB 250        9 ppmvd CO or 90% CO  95 ppmvd CO.
 >=HP<=500.                    reduction.
Non-Emergency 4SRB            200 ppbvd             2 ppmvd
 50>=HP<=500.                  formaldehyde or 90%   formaldehyde.
                               formaldehyde
                               reduction.
All CI 50>=HP<=300..........  40 ppmvd CO.........  40 ppmvd CO.
Emergency CI 300>HP<=500....  40 ppmvd CO.........  40 ppmvd CO.
Non-Emergency CI >300 HP....  4 ppmvd CO or 90% CO  40 ppmvd CO.
                               reduction.
<50 HP......................  2 ppmvd formaldehyde  2 ppmvd
                                                     formaldehyde.
Landfill/Digester             177 ppmvd CO........  177 ppmvd CO.
 50>=HP<=500.
Emergency SI 50>=HP<=500....  2 ppmvd formaldehyde  2 ppmvd
                                                     formaldehyde.
------------------------------------------------------------------------

    In addition, certain existing stationary RICE located at major 
sources are subject to fuel requirements. Owners and operators of 
existing stationary non-emergency diesel-fueled CI engines greater than 
300 HP with a displacement of less than 30 liters per cylinder located 
at major sources that use diesel fuel must use only diesel fuel meeting 
the requirements of 40 CFR 80.510(b). This section requires that diesel 
fuel have a maximum sulfur content of 15 parts per million (ppm) and 
either a minimum cetane index of 40 or a maximum aromatic content of 35 
volume percent.
2. Existing Stationary RICE at Area Sources
    The emission requirements that we are proposing in this action for 
existing stationary RICE located at existing area sources are shown in 
Table 2 of this preamble. Note that EPA is also co-proposing that the 
same standards apply during both normal operation and periods of 
startup and malfunctions.

  Table 2--Emission Standards and Requirements for Existing Stationary
                      RICE Located at Area Sources
------------------------------------------------------------------------
                                Emission standards at 15 percent O2, as
                                  applicable, or management practice
                             -------------------------------------------
         Subcategory              Except during       During periods of
                               periods of startup,       startup, or
                                 or malfunction          malfunction
------------------------------------------------------------------------
Non-Emergency 2SLB            Change oil and        Change oil and
 50>=HP<=249.                  filter every 500      filter every 500
                               hours; replace        hours; replace
                               spark plugs every     spark plugs every
                               1000 hours; and       1000 hours; and
                               inspect all hoses     inspect all hoses
                               and belts every 500   and belts every 500
                               hours and replace     hours and replace
                               as necessary.         as necessary.
Non-Emergency 2SLB HP>=250..  8 ppmvd CO or 90% CO  85 ppmvd CO.
                               reduction.

[[Page 9703]]


Non-Emergency 4SLB            Change oil and        Change oil and
 50>=HP<=249.                  filter every 500      filter every 500
                               hours; replace        hours; replace
                               spark plugs every     spark plugs every
                               1000 hours; and       1000 hours; and
                               inspect all hoses     inspect all hoses
                               and belts every 500   and belts every 500
                               hours and replace     hours and replace
                               as necessary.         as necessary.
Non-Emergency 4SLB HP>=250..  9 ppmvd CO or 90% CO  95 ppmvd CO.
                               reduction.
Non-Emergency 4SRB HP>=50...  200 ppbvd             2 ppmvd
                               formaldehyde or 90%   formaldehyde.
                               formaldehyde
                               reduction.
Emergency CI 50>=HP<=500....  Change oil and        Change oil and
                               filter every 500      filter every 500
                               hours; inspect air    hours; inspect air
                               cleaner every 1000    cleaner every 1000
                               hours, inspect all    hours, inspect all
                               hoses and belts       hoses and belts
                               every 500 hours and   every 500 hours and
                               replace as            replace as
                               necessary.            necessary.
Emergency CI HP>500.........  40 ppmvd CO.........  40 ppmvd CO.
Non-Emergency CI 50>=HP<=300  Change oil and        Change oil and
                               filter every 500      filter every 500
                               hours; inspect air    hours; replace
                               cleaner every 1000    spark plugs every
                               hours; and inspect    1000 hours; and
                               all hoses and belts   inspect all hoses
                               every 500 hours and   and belts every 500
                               replace as            hours and replace
                               necessary.            as necessary.
Non-Emergency CI HP>300.....  4 ppmvd CO or 90% CO  40 ppmvd CO.
                               reduction.
HP<50.......................  Change oil and        Change oil and
                               filter every 200      filter every 200
                               hours; replace        hours; replace
                               spark plugs every     spark plugs every
                               500 hours; and        500 hours; and
                               inspect all hoses     inspect all hoses
                               and belts every 500   and belts every 500
                               hours and replace     hours and replace
                               as necessary.         as necessary.
Landfill/Digester Gas         Change oil and        Change oil and
 50>=HP<=500.                  filter every 500      filter every 500
                               hours; replace        hours; replace
                               spark plugs every     spark plugs every
                               1000 hours; and       1000 hours; and
                               inspect all hoses     inspect all hoses
                               and belts every 500   and belts every 500
                               hours and replace     hours and replace
                               as necessary.         as necessary.
Landfill/Digester Gas HP>500  177 ppmvd CO........  177 ppmvd CO.
Emergency SI 50>=HP<=500....  Change oil and        Change oil and
                               filter every 500      filter every 500
                               hours; replace        hours; replace
                               spark plugs every     spark plugs every
                               1000 hours; and       1000 hours; and
                               inspect all hoses     inspect all hoses
                               and belts every 500   and belts every 500
                               hours and replace     hours and replace
                               as necessary.         as necessary.
Emergency SI HP>500.........  2 ppmvd formaldehyde  2 ppmvd
                                                     formaldehyde.
------------------------------------------------------------------------

3. New or Reconstructed Stationary RICE >500 HP at Major Sources, New 
or Reconstructed 4SLB Stationary RICE >=250 HP at Major Sources and 
Existing 4SRB Stationary RICE >500 HP at Major Sources.
    The EPA is co-proposing, in the alternative, as explained below, to 
amend the existing regulations for new and reconstructed non-emergency 
2SLB and CI stationary RICE >500 HP at major sources, new and 
reconstructed non-emergency 4SLB stationary RICE >=250 HP at major 
sources, and existing 4SRB stationary RICE >500 HP at major sources, in 
order to set limits during periods of startup and malfunction. These 
emission limitations are shown in Table 3 of this preamble. Note that 
EPA is also co-proposing that the same standards apply during both 
normal operation and periods of startup and malfunctions.

   Table 3--Emission Standards for New or Reconstructed Non-Emergency
Stationary RICE >500 HP at Major Sources and Existing Non-Emergency 4SRB
  Stationary RICE >500 HP at Major Sources During Periods of Startup or
                               Malfunction
------------------------------------------------------------------------
                                             Emission standards at 15
              Subcategory                           percent O2
------------------------------------------------------------------------
New or reconstructed non-emergency 2SLB  Limit concentration of CO in
 >500 HP located at a major source of     the stationary RICE exhaust to
 HAP emissions.                           259 ppmvd or less at 15
                                          percent O2 during periods of
                                          startup or malfunction.
New or reconstructed non-emergency 4SLB  Limit concentration of CO in
 >=250 HP located at a major source of    the stationary RICE exhaust to
 HAP emissions.                           420 ppmvd or less at 15
                                          percent O2 during periods of
                                          startup or malfunction.
Existing non-emergency 4SRB >500 HP      Limit concentration of
 located at a major source of HAP         formaldehyde in the stationary
 emissions; or New or reconstructed non-  RICE exhaust to 2 ppmvd or
 emergency 4SRB >500 HP located at a      less at 15 percent O2 during
 major source of HAP emissions.           periods of startup or
                                          malfunction.
New or reconstructed non-emergency CI    Limit concentration of CO in
 >500 HP located at a major source of     the stationary RICE exhaust to
 HAP emissions.                           77 ppmvd or less at 15 percent
                                          O2 during periods of startup
                                          or malfunction.
------------------------------------------------------------------------

4. Operating Limitations
    The EPA is proposing operating limitations for existing stationary 
non-emergency 2SLB, 4SLB, 4SRB, and CI RICE that are greater than 500 
HP and are located at an area source, and existing stationary non-
emergency CI RICE that are greater than 500 HP and are located at a 
major source. These are large engines that are subject to proposed 
standards that would require the use of aftertreatment. Owners and 
operators of engines that are equipped with oxidation catalyst or NSCR 
must

[[Page 9704]]

maintain the catalyst so that the pressure drop across the catalyst 
does not change by more than 2 inches of water from the pressure drop 
across the catalyst that was measured during the initial performance 
test. Owners and operators of these engines must also maintain the 
temperature of the stationary RICE exhaust so that the catalyst inlet 
temperature is between 450 and 1350 degrees Fahrenheit ([deg]F) for 
engines with an oxidation catalyst and 750 to 1250 [deg]F for engines 
with NSCR. Owners and operators of engines that are not using oxidation 
catalyst or NSCR must comply with any operating limitations approved by 
the Administrator.
5. Management Practices
    As shown in Table 2 above, the EPA is proposing management 
practices for several subcategories of engines located at area sources. 
Such management practices include maintenance requirements that are 
expected to ensure that emission control systems are working properly. 
EPA asks for comments on these management practices and requests 
suggestions of additional maintenance requirements that may be needed 
for some of these engine subcategories.
6. Fuel Requirements
    In addition to emission standards and management practices, certain 
stationary CI RICE located at existing area sources are subject to fuel 
requirements. These fuel requirements are proposed in order to reduce 
the potential formation of sulfate compounds that are emitted when high 
sulfur diesel fuel is used in combination with oxidation catalysts and 
to assist in the efficient operation of the oxidation catalysts. Thus, 
owners and operators of stationary non-emergency diesel-fueled CI 
engines greater than 300 HP with a displacement of less than 30 liters 
per cylinder located at existing area sources must only use diesel fuel 
meeting the requirements of 40 CFR 80.510(b), which requires that 
diesel fuel have a maximum sulfur content of 15 ppm and either a 
minimum cetane index of 40 or a maximum aromatic content of 35 volume 
percent.

D. What are the requirements for demonstrating compliance?

    The following sections describe the requirements for demonstrating 
compliance under the proposed rule.
1. Existing Stationary RICE at Major Sources
    Owners and operators of existing stationary non-emergency RICE 
located at major sources that are less than 100 HP and stationary 
emergency RICE located at major sources must operate and maintain their 
stationary RICE and aftertreatment control device (if any) according to 
the manufacturer's emission-related written instructions or develop 
their own maintenance plan. Owners and operators of existing stationary 
non-emergency RICE located at major sources that are less than 100 HP 
and existing stationary emergency RICE located at major sources do not 
have to conduct any performance testing.
    Owners and operators of existing stationary non-emergency RICE 
located at major sources that are greater than or equal to 100 HP and 
less than or equal to 500 HP must conduct an initial performance test 
to demonstrate that they are achieving the required emission standards.
    Owners and operators of existing stationary non-emergency RICE 
greater than 500 HP located at major sources must conduct an initial 
performance test and must test every 8,760 hours of operation or 3 
years, whichever comes first, to demonstrate that they are achieving 
the required emission standards.
    Owners and operators of stationary non-emergency CI RICE that are 
greater than 500 HP and are located at a major source must continuously 
monitor and record the catalyst inlet temperature if an oxidation 
catalyst is being used on the engine. The pressure drop across the 
catalyst must also be measured monthly. If an oxidation catalyst is not 
being used on the engine, the owner or operator must continuously 
monitor and record the operating parameters (if any) approved by the 
Administrator.
2. Existing Stationary RICE at Area Sources
    Owners and operators of existing stationary RICE located at area 
sources, that are subject to management practices, as shown in Table 2 
of this preamble, must develop a maintenance plan that specifies how 
the management practices will be met. Owners and operators of existing 
stationary RICE that are subject to management practices do not have to 
conduct any performance testing.
    Owners and operators of existing stationary RICE subject to 
numerical emission standards and that are located at area sources, as 
shown in Table 2 of this preamble, must conduct an initial performance 
test to demonstrate that they are achieving the required emission 
standards.
    Owners and operators of existing stationary non-emergency RICE that 
are greater than 500 HP and located at area sources must conduct an 
initial performance test and must test every 8,760 hours of operation 
or 3 years, whichever comes first, to demonstrate that they are 
achieving the required emission standards.
    Owners and operators of existing stationary non-emergency 2SLB, 
4SLB, 4SRB, and CI RICE that are greater than 500 HP and are located at 
an area source must continuously monitor and record the catalyst inlet 
temperature if an oxidation catalyst or NSCR is being used on the 
engine. The pressure drop across the catalyst must also be measured 
monthly. If an oxidation catalyst or NSCR is not being used on the 
engine, the owner or operator must continuously monitor and record the 
operating parameters (if any) approved by the Administrator.

E. What are the reporting and recordkeeping requirements?

    The following sections describe the reporting and recordkeeping 
requirements that are required under the proposed rule.
    Owners and operators of existing stationary emergency RICE that do 
not meet the requirements for non-emergency engines are required to 
keep records of their hours of operation. Owners and operators of 
existing stationary emergency RICE must install a non-resettable hour 
meter on their engines to record the necessary information. Emergency 
stationary RICE may be operated for the purpose of maintenance checks 
and readiness testing, provided that the tests are recommended by the 
Federal, State or local government, the manufacturer, the vendor, or 
the insurance company associated with the engine. Maintenance checks 
and readiness testing of such units are limited to 100 hours per year. 
Owners and operators can petition the Administrator for additional 
hours, beyond the allowed 100 hours per year, if such additional hours 
should prove to be necessary for maintenance and testing reasons. A 
petition is not required if the engine is mandated by regulation such 
as State or local requirements to run more than 100 hours per year for 
maintenance and testing purposes. There is no time limit on the use of 
emergency stationary engines in emergency situations, however, the 
owner or operator is required to record the length of operation and the 
reason the engine was in operation during that time. Records must be 
maintained documenting why the engine was operating to ensure the 100 
hours per year limit for maintenance and testing operation is

[[Page 9705]]

not exceeded. In addition, owners and operators are allowed to operate 
their stationary emergency RICE for non-emergency purposes for 50 hours 
per year, but those 50 hours are counted towards the total 100 hours 
provided for operation other than for true emergencies and owners and 
operators may not engage in income-generating activities during those 
50 hours. The 50 hours per year for non-emergency purposes cannot be 
used to generate income for a facility, for example, to supply power to 
an electric grid or otherwise supply power as part of a financial 
arrangement with another entity.
    Owners and operators of existing stationary RICE located at area 
sources, that are subject to management practices as shown in Table 2, 
are required to keep records that show that management practices that 
are required are being met. Such records are to be kept on-site by 
owners and operators. These records must include, but may not be 
limited to: oil and filter change dates, oil amounts added and 
corresponding hour on the hour meter, fuel consumption rates, air 
filter change dates, records of repairs and other maintenance 
performed.
    In terms of reporting requirements, owners and operators of 
existing stationary RICE, except stationary RICE that are less than 100 
HP, existing emergency stationary RICE, and existing stationary RICE 
that are not subject to numerical emission standards, must submit all 
of the applicable notifications as listed in the NESHAP General 
Provisions (40 CFR part 63, subpart A), including an initial 
notification, notification of performance test, and a notification of 
compliance for each stationary RICE which must comply with the 
specified emission limitations.

IV. Rationale for Proposed Rule

A. Which control technologies apply to stationary RICE?

    EPA reviewed various control technologies applicable to stationary 
engines. For detailed information on the control technology review that 
EPA conducted, refer to information in the docket for this proposed 
rule. The following sections provide general descriptions of currently 
available controls that can be used to reduce emissions from stationary 
engines.
    Non-selective catalytic reduction has been commercially available 
for many years and has been widely used on stationary engines. This 
technology utilizes catalytic material to reduce some pollutants like 
NOX , while also oxidizing other pollutants like CO, HAP and 
VOC. The technology can be applied to rich burn stationary engines and 
is capable of significantly reducing HAP emissions from stationary 
RICE. Based on available information, NSCR appears to be technically 
feasible for rich burn engines down to 25 HP. The NESHAP for stationary 
rich burn RICE greater than 500 HP located at major sources that were 
promulgated in 2004 were based upon applying NSCR to meet the emission 
standards. In order to meet the emission standards promulgated on 
January 18, 2008 (73 FR 3568), new stationary rich burn engines are 
also expected to use NSCR.
    Oxidation catalysts are another type of aftertreatment that can be 
applied to stationary engines and are typically used with lean burn 
engines. The technology can be applied to either diesel or natural gas 
fired lean burn engines. Significant reductions in HAP and CO are 
achieved with oxidation catalysts and applying the technology to diesel 
fired engines also yields PM mass emissions reductions. Oxidation 
catalyst control has been widely used and has been available for 
decades for use with lean burn stationary engines. While oxidation 
catalysts are very effective at reducing HAP and CO emissions, there is 
some concern about increasing NO2 emissions as a result of 
using highly catalyzed devices. Thus, EPA requests comments and 
information on the potential increase in NO2 emissions and 
any strategies to help reduce their formation.
    Catalyzed diesel particulate filters are applicable to CI engines 
using diesel fuel and are primarily used to reduce PM emissions. 
Applying CDPF can significantly reduce PM emissions, while also 
significantly reducing emissions of HAP and CO. Catalyzed diesel 
particulate filters are the basis for EPA's current on-highway diesel 
PM standards (40 CFR Part 86), the Tier 4 emission standards for PM for 
most nonroad CI engines regulated by 40 CFR part 1039, the most recent 
locomotive and marine engine standards and also for most new non-
emergency stationary CI engines regulated under 40 CFR part 60, subpart 
IIII. Recently finalized standards for stationary CI engines in 
California are also based on the use of particulate filters in some 
cases.

B. How did EPA determine the basis and level of the proposed standards?

1. Stationary RICE at Major Sources
    Section 112 of the CAA requires that EPA establish NESHAP for the 
control of HAP from new and existing sources in regulated source 
categories. The CAA requires the NESHAP for major sources to reflect 
the maximum degree of reduction in emissions of HAP that is achievable. 
This level of control is commonly referred to as the maximum achievable 
control technology, or MACT.
    In promulgating a MACT standard, EPA must first calculate the 
minimum stringency levels for new and existing sources in a category or 
subcategory. The minimum level of stringency is called the MACT 
``floor,'' and CAA section 112(d)(3) sets forth differing levels of 
minimum stringency that EPA's standards must achieve, based on whether 
they regulate new and reconstructed sources, or existing sources. For 
new and reconstructed sources, CAA section 112(d)(3) provides that the 
``degree of reduction in emissions that is deemed achievable [* * *] 
shall not be less stringent than the emissions control that is achieved 
in practice by the best controlled similar source, as determined by the 
Administrator.'' Emissions standards for existing units may be less 
stringent than standards for new units, but ``shall not be less 
stringent * * * than the average emissions limitation achieved by the 
best performing 12 percent of the existing sources (for which the 
Administrator has emissions information),'' (or the best performing 5 
sources for categories or subcategories with fewer than 30 sources). 
CAA section 112(d)(3). The MACT standard must be no less stringent than 
the MACT floor.
    In developing MACT, EPA must also determine whether to control 
emissions ``beyond-the-floor,'' after considering the costs, nonair 
quality health and environmental impacts, and energy requirements of 
such more stringent control. Section 112 of the CAA allows EPA to 
establish subcategories among a group of sources, based on criteria 
that differentiate such sources. The subcategories that have been 
developed for stationary RICE were previously listed and are necessary 
in order to capture the distinct differences, which could affect the 
emissions of HAP from these engines. The complete rationale explaining 
the development of these subcategories is provided in the memorandum 
titled ``Subcategorization and MACT Floor Determination for Stationary 
Reciprocating Internal Combustion Engines <=500 HP at Major Sources'' 
and is available from the docket.
    For the MACT floor determination, EPA reviewed the data in its 
Office of Air Quality Planning and Standards' RICE Population Database 
(hereafter referred to as the ``Population Database'') and RICE 
Emissions

[[Page 9706]]

Database (hereafter referred to as the ``Emissions Database''). The 
Population and Emissions Databases represent the best information 
available to EPA. Information in the Population and Emissions Database 
was obtained from several sources and is further described in the 
notice of proposed rulemaking for the RICE NESHAP for engines greater 
than 500 HP at major sources (67 FR 77830, December 19, 2002) and in 
the docket for the RICE NESHAP rulemaking (EPA-HQ-OAR-2002-0059). In 
order to establish the emission standard for each subcategory of 
stationary existing RICE, EPA referred to the Emissions Database. The 
following sections describe the MACT floor review and proposed MACT 
determinations for each subcategory of existing stationary RICE.
    a. Stationary RICE <50 HP. According to the Population Database 
there are no existing stationary RICE less than 50 HP using catalyst 
type controls. In assessing the average of the top twelve percent best 
performing engines, EPA determined that the MACT floor is 2 ppmvd 
formaldehyde. EPA is not expecting any stationary CI engines less than 
50 HP since such engines are typically considered nonroad mobile 
engines and regulated under EPA's mobile source requirements. Also, EPA 
does not expect any lean burn engines in this subcategory as lean burn 
engines tend to be found in larger engine size segments. Therefore, EPA 
believes that engines less than 50 HP would be 4SRB engines. 
Subsequently, EPA reviewed formaldehyde emissions from 4SRB engines and 
averaged the emissions associated with the best performing 12 percent 
of sources. As a result, the MACT floor for engines below 50 HP is 2 
parts per million by volume, dry basis (ppmvd) of formaldehyde at 15 
percent oxygen (O2).
    EPA considered regulatory options more stringent than the MACT 
floor, in particular, emission standards based on the use of NSCR. The 
cost per ton of HAP reduced for stationary engines less than 50 HP 
equipped with NSCR is substantial, particularly when considering the 
potential HAP reductions that would be expected. Therefore, MACT is 
equivalent to the MACT floor. For details on the cost per ton analysis, 
refer to the memorandum entitled ``Above-the-Floor Determination for 
Stationary RICE,'' included in the docket.
    b. Stationary Landfill/Digester Gas =50 HP. According to 
the Population Database there are no existing landfill or digester gas 
engines using catalyst type controls. EPA consulted several sources, 
including the Emissions Database, in order to determine the level being 
achieved by the best performing 12 percent of landfill and digester gas 
engines.
    Based on reviewing recently obtained test reports for landfill and 
digester gas engines, EPA concluded that the latest information 
obtained on the current levels being achieved by landfill gas engines 
is the most appropriate and representative information and therefore 
was used to determine the MACT floor limit. EPA analyzed the CO 
emissions from landfill and digester gas test reports. EPA has 
previously discussed the appropriateness of using CO emissions as a 
surrogate for HAP emissions and therefore reviewed CO emissions from 
landfill and digester gas engines. EPA selected the best performing 12 
percent and averaged those 12 percent to determine the MACT floor. As a 
result, the MACT floor for landfill and digester gas stationary RICE 
greater than or equal to 50 HP is 177 ppmvd of CO at 15 percent 
O2.
    Currently, there are no viable beyond-the-floor options for engines 
that combust landfill or digester gas. Aftertreatment controls could 
theoretically be applied to engines burning waste gas; however, 
numerous studies have shown that a family of silicon-based compounds 
named siloxanes present in landfill gas can foul add-on catalyst 
controls. Such fouling can render the catalyst inoperable within short 
periods of time. Pre-treatment systems could be applied to clean the 
fuel prior to combustion theoretically allowing catalysts to be used, 
but has not shown to be a reliable technology at this time. Therefore, 
MACT is equivalent to the MACT floor.
    c. Stationary Emergency CI 50= HP <=500. EPA reviewed CO 
emissions from CI engines and selected the best performing 12 percent. 
As a result, the MACT floor for CI emergency stationary RICE greater 
than or equal to 50 HP and less than or equal to 500 HP is 40 ppmvd of 
CO at 15 percent O2.
    As part of our analysis for the possibility of going beyond the 
MACT floor, EPA considered requiring add-on controls for emergency 
engines. However, due to the limited operation of emergency engines 
(about 50 hours per year on average), the cost per ton of HAP removed 
by such controls is high. The estimated cost of oxidation catalyst per 
ton of HAP reduced ranges from $1 million to $2.8 million for emergency 
CI engines in this size range. For CDPF, the estimated cost per ton of 
HAP reduced for emergency CI engines between 50 and 500 HP ranges from 
$3.7 million to $8.7 million. In addition, the total HAP reductions 
achieved by applying aftertreatment controls would be minimal since 
stationary emergency engines are operated only an average of about 50 
hours per year. Therefore, MACT is equivalent to the MACT floor. A 
fuller discussion of EPA's analysis of regulatory alternatives above-
the-floor is presented in the memorandum entitled ``Above-the-Floor 
Determination for Stationary RICE.''
    d. Stationary Non-Emergency CI 50= HP <=500. As a result 
of our review of the Emissions Database, the MACT floor for CI non-
emergency stationary RICE greater than or equal to 50 HP and less than 
or equal to 500 HP is 40 ppmvd of CO at 15 percent O2.
    As part of our analysis of going beyond the MACT floor, EPA 
considered the use of add-on controls for this subcategory of engines. 
The applicable add-on controls that yield significant HAP reductions 
are oxidation catalyst and CDPF. Diesel oxidation catalysts are capable 
of reducing HAP emissions by significant amounts in excess of 90 
percent in some cases. Diesel oxidation catalysts also reduce emissions 
of CO as well as PM. Achievable mass reductions of PM are on the order 
of 30 percent for oxidation catalysts. Catalyzed diesel particulate 
filters are capable of reducing HAP and CO emissions by similar if not 
greater amounts, and are more efficient in reducing PM than oxidation 
catalysts. Achievable PM reductions are on the order of 90 percent or 
more with CDPF. However, CDPFs are considerably more expensive than 
diesel oxidation catalysts.
    EPA estimated the cost per ton of HAP removal by potentially 
applying oxidation catalysts and CDPFs to existing non-emergency CI 
engines. The specific costs associated with add-on controls can be 
found in memoranda available from the rulemaking docket. The cost per 
ton of HAP removed for CDPFs is in general significantly higher than 
the cost per ton of HAP removed for oxidation catalysts, and the cost 
per ton for both options drastically increases as the size of the 
engine decreases and is more favorable towards larger size engines. EPA 
requests data and other information on the ability of oxidation 
catalysts to remove HAP compared to CDPF. In addition, we request 
comment on the performance capability of these control devices to 
remove metallic HAP.
    Considering the HAP emission reductions capable from oxidation 
catalysts, the cost of oxidation catalyst control compared to CDPF, and 
the low capital costs associated with oxidation catalyst makes 
oxidation catalysts a

[[Page 9707]]

favorable option for reduction of HAP emissions from larger existing 
non-emergency stationary diesel engines. However, going above-the-floor 
and requiring oxidation catalysts on all non-emergency stationary CI 
engines would require significant total capital investment and total 
annual control costs. As stated, the cost per ton significantly 
decreases with increasing HP. For the greater than 300 HP segment the 
cost per ton of HAP removed, which includes a mixture of organic and 
metallic HAP, is estimated to be $51,973. This cost is almost a third 
less than the estimated cost per ton of $140,395 for stationary engines 
50 to 100 HP.
    Stationary existing diesel engines were largely uncontrolled at the 
Federal level prior to the promulgation of EPA's emission standards for 
stationary diesel engines in 2004, which affected engines constructed 
beginning in 2002. Non-emergency diesel engines are estimated to emit 
90 percent of total combined PM and NOX emissions from all 
existing stationary diesel engines, with emergency engines emitting the 
remaining 10 percent. Of the non-emergency diesel engines, about 50,000 
non-emergency engines rated 300 HP or higher were built prior to 2002, 
which is about 29 percent of the existing population of non-emergency 
stationary diesel engines. These 50,000 non-emergency diesel engines 
emit approximately 72 percent of the total HAP emissions, 66 percent of 
the total PM emissions, and 62 percent of the total NOX 
emissions from existing non-emergency stationary diesel engines. This 
information is based on data from the Power Systems Research Database 
that was presented in Tables 1-4 of EPA's January 24, 2008 ANPRM for 
stationary diesel engines emission standards (73 FR 4136).
    For these reasons, EPA concluded that it can achieve the highest 
level of HAP emission reduction relative to cost, while requiring 
controls where appropriate, by requiring more stringent emission 
standards on non-emergency stationary diesel engines with a power 
rating greater than 300 HP. For these reasons and considering the 
higher level of HAP reductions achieved from engines greater than 300 
HP and the reduced annual cost of control, EPA believes that requiring 
above-the-floor levels that rely on oxidation catalyst control is 
appropriate for engines greater than 300 HP. EPA solicits comments and 
data on whether 300 HP is the appropriate size division for setting 
beyond-the-floor MACT standards requiring the use of add-on controls. 
Specifically, EPA is seeking comment on whether it would be appropriate 
to extend the more stringent standards to engines that are less than 
300 HP.
    Of further consideration are the co-benefits that would be achieved 
by the use of oxidation catalyst as it will reduce other pollutants 
such as CO and PM. Taking into account the reductions in CO and PM 
associated with applying oxidation catalyst to non-emergency CI 
engines, the cost per ton of pollutants reduced decreases. The total 
co-benefits of this proposed regulation are presented in a separate 
memorandum titled ``Impacts Associated with NESHAP for Existing 
Stationary RICE,'' which provides the costs and emissions impacts of 
this regulation. These emission estimates are also summarized in 
Chapter 4 of the RIA.
    EPA believes that the emission reductions associated with use of 
oxidation catalysts, taking into account the costs of such controls, 
are justified under section 112(d). Therefore, EPA is proposing MACT to 
be the level that is achieved by applying oxidation catalyst to non-
emergency CI engines greater than 300 HP, which is 4 ppmvd of CO at 15 
percent O2, or 90 percent CO efficiency. A fuller discussion 
of EPA's analysis of regulatory alternatives above-the-floor is 
presented in the memorandum entitled ``Above-the-Floor Determination 
for Stationary RICE.''
    While these proposed HAP emission standards would not require the 
use of CDPFs, EPA notes that when compared to oxidation catalysts, 
CDPFs provide significantly greater reductions in levels of PM from 
diesel engines, which are a significant health concern. PM emissions 
from these engines contain several constituents, including black carbon 
and trace amounts of metallic HAP. EPA estimates that the range of 
PM2.5 emission reductions would increase from 2,600 tons to 
7,600 tons if CDPFs are used rather than oxidation catalysts.
    The contribution of black carbon emissions to global climate is 
being evaluated in a number of scientific forums.3 4 EPA is 
interested in comments and information on other regulatory and non-
regulatory approaches that could help address black carbon emissions 
from existing stationary diesel engines.
---------------------------------------------------------------------------

    \3\ Intergovernmental Panel on Climate Change (IPCC). 2007. 
Changes in Atmospheric Constituents and in Radiative Forcing, in 
Climate Change 2007, Cambridge University Press, New York, Cambridge 
University Press.
    \4\ Atmospheric Aerosol Properties and Climate Impacts. 2009. 
U.S. Climate Change Science Program Synthesis and Assessment Product 
2.3, January 2009.
---------------------------------------------------------------------------

    Sources may wish to review whether it is appropriate for some 
existing CI engines to use CDPFs to meet the requirements of this rule, 
given the considerable co-benefits of using CDPF. For example, the cost 
effectiveness associated with reducing PM2.5 with oxidation 
catalysts on a 300 HP diesel engine is $27,000 per ton, while using a 
CDPF improves the cost effectiveness to about $9,000 per ton. These 
cost effectiveness numbers include any potential reductions of metallic 
HAP which would be emitted in the particle phase. EPA notes, however, 
that some have suggested that the use of CDPF on older uncontrolled 
engines may be more problematic than for newer engines that already 
have some level of engine control.
    One of the potential problems raised by industry are the 
difficulties with retrofitting CDPFs on mechanically-controlled engines 
versus those that use electronic controls. Furthermore, the diesel PM 
levels from older engines are, according to some, too high for 
efficient operation of a CDPF. EPA is requesting comment on the use of 
CDPF to meet the HAP standards for this rule and on the benefits 
generally of using CDPFs on older stationary CI engines. EPA also asks 
for comment on technical feasibility issues that might preclude the use 
of such devices on older diesel engines.
    Stationary diesel engines also emit trace amounts of metallic HAP. 
EPA believes that formaldehyde and CO are reasonable surrogates for 
total HAP, including these very small trace emissions of metals. 
Nonetheless, EPA is taking comment on whether there are more 
appropriate surrogates for metallic HAP from stationary diesel engines. 
EPA does not have data regarding the use of other surrogates for these 
emissions from stationary diesel engines, so EPA is soliciting data on 
any other such surrogates.
    The proposed rule requires the use of ULSD for existing non-
emergency stationary diesel engines greater than 300 HP with a 
displacement of less than 30 liters per cylinder. The use of ULSD is 
necessary due to concerns about oxidation catalysts simultaneously 
oxidizing SO2 to form sulfate particulate. A limit on the 
diesel fuel sulfur level of 15 ppm will reduce the potential for 
increased sulfate emissions from diesel engines equipped with oxidation 
catalysts. The limit on fuel sulfur will also improve the efficiency of 
the oxidation catalyst. The use of ULSD will also enable stationary 
diesel engines to utilize CDPF if desired. EPA has already promulgated 
similar diesel fuel sulfur standards for highway and

[[Page 9708]]

nonroad diesel engines and for new stationary diesel engines.
    e. Stationary Non-Emergency CI 500 HP. A regulation 
covering existing stationary diesel engines greater than 500 HP at 
major sources was promulgated in 2004. However, based on the MACT floor 
analysis conducted at that time, the regulation subjected existing 
diesel engines greater than 500 HP at major sources to emission 
standards of no further emission control.
    However, due to the availability of technically feasible and 
reasonably cost-effective technologies to control emissions from these 
existing large stationary CI engines, and the potential of reducing 
exhaust HAP (as well as PM), EPA is proposing to address HAP emissions 
from these existing diesel engines >500 HP pursuant to its authority 
under CAA section 112(d).
    As a result of our review of the Emissions Database, the MACT floor 
for CI non-emergency stationary RICE greater than or equal to 50 HP and 
less than or equal to 500 HP is 40 ppmvd of CO at 15 percent 
O2.
    As part of our analysis of going beyond the MACT floor, EPA 
considered the emissions associated with the use of oxidation 
catalysts. Similar to EPA's analysis of the emission reductions and 
costs associated with the use of oxidation catalysts for diesel engines 
from 300-500 HP, EPA believes the HAP emission reductions associated 
with use of oxidation catalysts, taking into account the costs of such 
controls, are justified under section 112(d). A fuller discussion of 
EPA's analysis of regulatory alternatives above-the-floor is presented 
in the memorandum entitled ``Above-the-Floor Determination for 
Stationary RICE.''
    EPA is proposing to address emissions from existing non-emergency 
CI engines greater than 500 HP located at major sources by limiting the 
CO to 4 ppmvd at 15 percent O2 or by reducing CO by 90 
percent or more. The proposed standards are based on what is achieved 
by applying oxidation catalyst controls. Oxidation catalyst controls 
reduce HAP, CO, and PM from diesel engines. The proposed emission 
standard is in terms of CO, which has been shown to be an appropriate 
surrogate for HAP. Stationary diesel engines also emit trace amounts of 
metallic HAP. EPA believes that formaldehyde and CO are reasonable 
surrogates for total HAP, including these very small trace emissions of 
metals. Nonetheless, EPA is taking comment on whether there are more 
appropriate surrogates for metallic HAP from stationary diesel engines. 
EPA does not have data regarding the use of other surrogates for these 
emissions from stationary diesel engines, so EPA is soliciting data on 
any other such surrogates.
    For the same reasons provided above for non-emergency diesel 
engines between 300-500 HP, EPA is requiring the use of ULSD for non-
emergency diesel engines above 500 HP.
    f. Stationary Emergency SI 50=HP=500. As a 
result of our review of the Emissions Database and industry estimates, 
EPA determined the MACT floor for SI emergency stationary RICE greater 
than or equal to 50 HP and less than or equal to 500 HP is 2 ppmvd of 
formaldehyde at 15 percent O2.
    As part of EPA's beyond-the-floor MACT analysis, EPA considered 
add-on controls for this subcategory. However, the same issues apply to 
emergency SI engines as to emergency CI engines; in particular, the 
cost-effectiveness of such controls for HAP reduction on emergency 
engines and questions about the feasibility of such controls on 
emergency engines. According to the Population Database there are no SI 
emergency stationary RICE greater than or equal to 50 HP and less than 
or equal to 500 HP using catalyst type controls. Therefore, it is not 
appropriate to require add-on controls on emergency SI engines. EPA 
also found no other techniques appropriate to go beyond the MACT floor. 
MACT is therefore equivalent to the MACT floor.
    g. Stationary Non-Emergency 2SLB 50=HP<=500. EPA 
selected the best performing 12 percent of engines for formaldehyde, 
identified the corresponding CO tests, and averaged the CO emissions 
from the corresponding tests. As a result, the MACT floor for non-
emergency 2SLB stationary RICE greater than or equal to 50 HP and less 
than or equal to 500 HP is 85 ppmvd of CO at 15 percent O2.
    As part of EPA's beyond-the-floor MACT analysis, EPA considered 
applying oxidation catalyst controls to this subcategory and estimated 
the cost per ton of HAP removed. EPA believes the costs to be 
reasonable for engines 250 HP and above equipped with oxidation 
catalyst and can be justified in light of the significant reductions of 
HAP that would be achieved. For example, the cost effectiveness of 
reducing HAP from 2SLB engines in the 300 to 500 HP size range is about 
$2,900 per ton. Oxidation catalysts can reduce HAP and CO from 
stationary spark-ignition engines by approximately 90 percent. The 
Emissions Database did not indicate any other proven and cost-effective 
control technologies or other methods that can reduce HAP emissions 
from 2SLB engines to levels lower than those achieved by oxidation 
catalysts. The proposed emission limit is in terms of CO, which has 
been shown to be an appropriate surrogate for HAP. EPA believes the HAP 
emission reductions associated with use of oxidation catalysts, taking 
into account the costs of such controls, are justified. Therefore, MACT 
for engines 250 HP and above is the level that is achievable by 
applying oxidation catalyst and is 8 ppmvd of CO at 15 percent 
O2 or 90 percent CO efficiency. MACT for engines below 250 
HP is equivalent to the MACT floor.
    h. Non-Emergency 4SLB 50=HP<=249. According to the 
Population Database, there are no non-emergency 4SLB stationary RICE 
greater than or equal to 50 HP and less than or equal to 249 HP using 
catalyst type controls.
    EPA reviewed formaldehyde emissions tests from 4SLB engines. EPA 
selected the best performing 12 percent of engines for formaldehyde and 
identified the corresponding CO values from the top 12 tests for 
formaldehyde. The corresponding CO values were then averaged. As a 
result, the MACT floor for 4SLB stationary RICE greater than or equal 
to 50 HP and less than or equal to 249 HP is 95 ppmvd of CO at 15 
percent O2.
    As part of EPA's beyond-the-floor MACT analysis, EPA considered 
applying oxidation catalyst controls to this subcategory. However the 
cost per ton of HAP removed was determined to be too significant and to 
outweigh the expected HAP reductions from these stationary engines. 
Therefore, MACT is equivalent to the MACT floor.
    i. Non-Emergency 4SLB 250=HP<=500. For non-emergency 
4SLB engines between 250 and 500 HP, EPA found that 5.7 percent of the 
population is controlled with aftertreatment that yields HAP 
reductions, particularly oxidation catalysts.
    As part of EPA's beyond-the-floor MACT analysis, EPA considered 
applying oxidation catalyst and estimated the cost per ton of HAP 
removed. The use of oxidation catalysts on these engines can achieve 90 
percent HAP reductions. EPA concluded that the control costs associated 
with installing oxidation catalysts are reasonable for this type of 
stationary engine, and thus can be justified considering the 
significant reductions of HAP that would be achieved by using oxidation 
catalysts. Oxidation catalysts can reduce HAP and CO from stationary 
spark-ignition engines. The proposed emission limit is in terms of CO, 
which has been shown to be an appropriate surrogate for HAP. EPA 
believes the

[[Page 9709]]

HAP emission reductions associated with use of oxidation catalysts, 
taking into account the costs of such controls, are justified. The 
Emissions Database did not indicate any other proven and cost-effective 
control technologies or other methods that can reduce HAP emissions 
from 4SLB engines to levels lower than those achieved by oxidation 
catalysts.
    EPA determined that the appropriate numerical MACT level could be 
determined by analyzing uncontrolled levels of HAP and reducing the 
levels by the expected reductions from oxidation catalysts. EPA 
analyzed formaldehyde emissions from 4SLB tests for engines without 
add-on controls. EPA took the average of the best performing 12 percent 
of engines for formaldehyde and identified the corresponding CO values 
from the best performing 12 percent of tests. The corresponding CO 
values were then averaged. The result for 4SLB stationary RICE greater 
than or equal to 250 HP and less than or equal to 500 HP is 95 ppmvd of 
CO at 15 percent O2.
    Given an expected 90 percent reduction from the use of oxidation 
catalysts, MACT is 9 ppmvd of CO at 15 percent O2 or 90 
percent CO efficiency. A fuller discussion of EPA's analysis of 
regulatory alternatives above-the-floor is presented in the memorandum 
entitled ``Above-the-Floor Determination for Stationary RICE.''
    j. Non-Emergency 4SRB 50>=HP<=500. For SI non-emergency stationary 
4SRB engines greater than or equal to 50 HP and less than or equal to 
500 HP, EPA found that 5.6 percent of the population are using catalyst 
type controls, according to the Population Database. The add-on control 
that typically applies to this subcategory of engines is NSCR.
    As part of EPA's beyond-the-floor MACT analysis, EPA considered the 
application of NSCR to such engines. The Emissions Database provided no 
other proven and cost effective emission control methods currently 
available which can reduce HAP emissions from 4SRB engines to levels 
lower than that achieved through NSCR control.
    The technology is proven, has been applied to thousands of rich 
burn engines, and is efficient at reducing HAP emissions. EPA 
considered applying NSCR and estimated the cost per ton of HAP removed. 
EPA believes the costs are reasonable and appropriate and can be 
justified considering the significant reductions of HAP that would be 
achieved by using NSCR on this subcategory of engines. For example, the 
cost effectiveness of reducing HAP from stationary 4SRB engines in the 
300 to 500 HP size range is about $5,000 per ton.
    Other pollutants are also reduced through the use of NSCR including 
significant reductions in NOX and CO emissions. Taking into 
consideration the emission reductions achieved by applying NSCR to 4SRB 
engines greater than 50 HP, the cost per ton of emissions reduced is 
favorable for this type of stationary engines. A fuller discussion of 
EPA's analysis of regulatory alternatives above-the-floor is presented 
in the memorandum entitled ``Above-the-Floor Determination for 
Stationary RICE.''
    EPA determined that the appropriate numerical MACT level could be 
determined by analyzing uncontrolled levels of HAP and reducing the 
levels by the expected reductions from NSCR. EPA analyzed formaldehyde 
emissions from 4SRB engines without add-on controls and averaged the 
emissions from the best performing 12 percent of engines. The result 
for 4SRB stationary RICE greater than or equal to 50 HP and less than 
or equal to 500 HP is 2 ppmvd of formaldehyde at 15 percent 
O2.
    Therefore, MACT is the level that is achievable by applying NSCR 
and is 200 ppbvd of formaldehyde at 15 percent O2 or 90 
percent formaldehyde efficiency.
2. Engines at Area Sources
    Under section 112(k) of the CAA, EPA developed a national strategy 
to address air toxic pollution from area sources. The strategy is part 
of EPA's overall national effort to reduce toxics, but focuses on the 
particular needs of urban areas. Section 112(k) requires EPA to list 
area source categories and to ensure 90 percent of the emissions from 
area sources are subject to standards pursuant to section 112(d) of the 
CAA. Under section 112(k), the CAA specifically mandated that EPA 
develop a strategy to address public health risks posed by air toxics 
from area sources in urban areas. Section 112(k) also mandates that the 
strategy achieve a 75 percent reduction in cancer incidence 
attributable to HAP emitted by stationary sources. As mentioned, 
stationary RICE are listed as a source category under the Urban Air 
Toxics Strategy developed under the authority of sections 112(k) and 
112(c)(3) of the CAA. These area sources are subject to standards under 
section 112(d).
    Section 112(d)(5) of the CAA indicates that EPA may elect to 
promulgate standards or requirements to area sources ``which provide 
for the use of generally available control technologies or management 
practices by such sources to reduce emissions of hazardous air 
pollutants.'' For determining emission limitations, GACT standards can 
be more flexible requirements than MACT standards. For example, the CAA 
provisions for setting GACT do not require setting control baseline or 
``floor'' that is equal to the average emission levels achieved by the 
best performing 12 percent of a type of facility, for existing sources, 
or the emission control achieved in practice by the best controlled 
similar source, for new sources. EPA is permitted to consider costs and 
other factors during the GACT analysis. Control technology options 
available to stationary RICE located at area sources are the same as 
those discussed for engines located at major sources.
    The requirements being proposed in this action are applicable to 
stationary RICE located at area sources of HAP emissions. EPA has 
chosen to propose national requirements, which not only focus on urban 
areas, but address emissions from area sources in all areas (urban and 
rural).
    For stationary RICE, it would not be practical or appropriate to 
limit the applicability to urban areas and EPA has determined that 
national standards are appropriate. Stationary RICE are located in both 
urban and rural areas. In fact, there are some rural areas with high 
concentrations of stationary RICE. Stationary RICE are employed in 
various industries used for both the private and public sector for a 
wide range of applications such as generator sets, irrigation sets, air 
and gas compressors, pumps, welders, and hydro power units. Stationary 
RICE may be used by private entities for agricultural purposes and be 
located in a rural area, or it may be used as a standby generator for 
an office building located in an urban area. Other stationary RICE may 
operate at large sources for electric power generation, transmission, 
or distribution purposes.
    In previous rulemakings, EPA had determined that stationary RICE 
are located all over the U.S., and EPA cannot say that these sources 
are more prevalent in certain areas of the country. Therefore, for the 
source category of stationary RICE, EPA is proposing national 
requirements without a distinction between urban and non-urban areas. 
EPA requests comment on this approach and its appropriateness for 
today's population of stationary RICE.
    For subcategories of larger engines, particularly those above 500 
HP and those for which EPA has based MACT on the use of add-on 
controls, the control technologies that create the basis for the 
emission standards for engines located at major sources are readily 
available and feasible for all engines.

[[Page 9710]]

Further, for those cases where EPA is basing the MACT emission 
standards on add-on controls, the MACT standards is in all cases beyond 
the MACT floor. In these cases, EPA determined that costs associated 
with implementing HAP-reducing technologies are reasonable and 
justified. Hence, there is no reason why GACT should be any different 
than MACT for larger engines located at area sources. Consequently, EPA 
has determined that for area sources that are non-emergency 2SLB 
engines greater than or equal to 250 HP, non-emergency 4SLB engines 
greater than or equal to 250 HP, non-emergency 4SRB greater than or 
equal to 50 HP, emergency CI engines greater than 500 HP, non-emergency 
CI engines greater than 300 HP, landfill and digester gas engines 
greater than 500 HP, and emergency SI engines greater than 500 HP, GACT 
is based on the same emission controls as are discussed above for major 
sources.
    As discussed, GACT provides EPA more flexibility in setting 
requirements than MACT and can include available control technologies 
or management practices to reduce HAP emissions. EPA has determined 
that for area sources that are non-emergency 2SLB engines greater than 
or equal to 50 HP and less than 250 HP, non-emergency 4SLB engines 
greater than or equal to 50 HP and less than 250 HP, emergency CI 
engines greater than or equal to 50 HP and less than or equal to 500 
HP, non-emergency CI engines greater than or equal to 50 HP and less 
than or equal to 300 HP, engines less than 50 HP, landfill and digester 
gas engines greater than or equal to 50 HP and less than or equal to 
500 HP, and emergency SI engines greater than or equal to 50 HP and 
less than or equal to 500 HP, EPA proposes that GACT is management 
practices.
    Management practices include several specific maintenance 
requirements that will help ensure that the exhaust emissions from 
these engines are minimized. Some of the management practices include 
changing oil and filter, changing spark plugs and replacement of air 
cleaners. EPA specifically requests comments on these management 
practices and asks commenters to provide information on any additional 
management practices that may be appropriate for these engines. A 
maintenance plan is required in order to help keep records that the 
management practices are being followed.
    Although add-on controls are technically feasible for some engines 
located at area sources, control costs are high and EPA believes that 
it is possible to achieve reasonable controls using management 
practices. For example, capital costs associated with installing an 
oxidation catalyst on a 200 HP diesel engine are about $2,100 with 
annual costs of $700. Such costs are significant particularly when one 
considers that the cost per ton of this option is on the order of 
$72,000 per ton of HAP reduced. Considering the high cost per ton of 
HAP reduced, it is difficult to justify requiring add-on controls on 
these engines.
    Furthermore, EPA is attempting to minimize the burden of the 
proposed rule, specifically on small businesses and individual owners 
and operators. EPA does not believe that management practices would be 
a substantial burden on owners and operators such as private owners and 
small entities.
3. Startup, Shutdown, and Malfunction Limits
    With respect to the exemption from emission standards during 
periods of Startup, Shutdown and Malfunction in the General Provisions 
(see, e.g., 40 CFR 63.6(f)(1) (exemption from non-opacity emission 
standards) and (h)(1) (exemption from opacity and visible emission 
standards)), we note that on December 19, 2008, in a decision 
addressing a challenge to the 2002, 2004 and 2006 amendments to those 
provisions, the Court of Appeals for the District of Columbia Circuit 
vacated the SSM exemption. Sierra Club v. EPA 2008 U.S. App. LEXIS 
25578 (D.C. Cir. Dec. 19, 2008). We are still evaluating the recent 
court decision, and the time for appeal of that decision has not yet 
run. However, in light of the court decision, EPA is proposing not to 
apply the SSM exemption for non-opacity standards set forth in 40 CFR 
63.6(f)(1) to this NESHAP. The SSM exemption for opacity and visible 
emissions standards in 40 CFR 63.6(h)(1) is not relevant here because 
the standards proposed in this action do not constitute opacity or 
visible emission standards.
    EPA recognizes that there are different modes of operation for any 
stationary source, and those modes generally include start-up, normal 
operations, shut-down, and malfunctions. EPA does not believe that 
emissions should be different during periods of shutdown compared to 
normal operations, but EPA does believe that emissions will likely be 
different during periods of startup and malfunction, particularly for 
engines relying on catalytic controls.
    EPA is proposing two options in this action for subcategories where 
the proposed emission standard is based on the use of catalytic 
controls. The first option is to have the same standards apply during 
both normal operation and periods of startup and malfunctions. While 
EPA is aware of the general properties of engine catalytic controls, 
our Emissions Database has no specific data showing that emissions 
during periods of startup and malfunction are different than during 
normal operation. Furthermore, EPA does not have substantial 
information regarding the specific parameters (e.g. timing, 
temperature) of such differences in emissions.
    Although we lack specific data on emissions during start-up and 
malfunction, EPA recognizes that emissions are likely to differ during 
these periods for engines relying on catalytic controls. Accordingly, 
for subcategories where the proposed emission standard is based on the 
use of catalytic controls, EPA is also co-proposing emission 
limitations that would apply to stationary RICE during periods of 
startup and malfunction in order to account for the different emissions 
characteristics of stationary internal combustion engines during 
startup and malfunction periods, compared to other periods of 
operation. In particular, engines using catalytic controls like OC and 
NSCR to reduce emissions cannot rely on the operation of such devices 
during periods of startup, because the engine exhaust temperatures need 
to increase up to a certain level for such controls to work 
effectively. In addition, add-on controls cannot be presumed to work 
reliably during periods of malfunction. Malfunctions may include 
failure of engine control systems that are essential for the proper 
performance and emissions of the engine. Engine malfunctions may affect 
the exhaust gas temperatures and composition of the exhaust gases in 
ways that could decrease the effectiveness or even damage permanently 
the emission control device.
    During startup operation with an OC, engine exhaust temperatures 
must reach about 250 to 300 degrees C in order to work effectively. In 
the case of NSCR, exhaust gas temperatures must reach between 425 to 
650 degrees C in order to work effectively. It can take about 15 to 30 
minutes of operation--depending on engine size--for exhaust 
temperatures to reach those temperature levels. Thus, for the 
subcategories of stationary RICE discussed above where the proposed 
emission standard is based on the use of catalytic controls, EPA is co-
proposing that the standards during periods of startup and malfunction 
will be based on emissions expected from the best controlled sources 
prior to the full warm-up of the catalytic control. The standard is 
based on the emissions levels from the best controlled engines that do 
not include catalytic controls,

[[Page 9711]]

because prior to warm-up, the engine conditions do not allow for 
effective catalytic control.
    Under either co-proposal, for the subcategories of stationary RICE 
discussed above where the proposed emission limitations during normal 
operation are not based on the use of oxidation catalyst or NSCR, we 
are proposing the same emission limitations during startup and 
malfunction as during periods of normal operation.
    EPA requests comment on these proposed approaches to addressing 
emissions during start-up, shutdown and malfunction and the proposed 
standards that would apply during these periods. See Tables 1, 2 and 3 
of this preamble, setting forth proposed standards using the approach 
of differentiating between periods of start-up and malfunction and 
normal operations. EPA requests comment on other approaches to setting 
MACT standards during periods of start-up, shutdown or malfunction, and 
notes that an approach that sets a single MACT standard that applies at 
all times, including SSM periods, may result in a higher overall MACT 
standard, based on the need to account for variation of operations in 
setting MACT standards. Sierra Club v. EPA, 439 F.3d 875 (D.C. Cir. 
2007) (holding that EPA may legitimately account for variability 
because ``each [source] must meet the [specified] standard every day 
and under all operating conditions.'' (quoting Mossville Environmental 
Action Network v. EPA, 370 F.3d 1232 (D.C. Cir. 2004). EPA also asks 
for comment on the level of specificity needed to define the periods of 
startup and malfunction to assure clarity regarding when standards for 
those periods apply, including whether it should be based on the time 
necessary for an engine to warm to temperatures needed for effective 
catalytic control and whether maximum time limits should be included.

C. How did EPA determine the compliance requirements?

    EPA discussed the specific compliance requirements that are being 
proposed in section III of the preamble. In general, EPA has attempted 
to reduce the burden on affected owners and operators. The following 
presents the rationale for the proposed compliance requirements.
    Stationary non-emergency RICE located at major sources that are 
less than 100 HP, stationary RICE located at area sources that are not 
subject to numerical emission standards, and all stationary emergency 
RICE are only subject to compliance requirements in the form of 
management practices to minimize emissions. EPA does not believe that 
the proposed management practices are a burdensome requirement, and it 
is expected that most owners and operators are already using such 
practices. It is in the owner's best interest to operate and maintain 
the engine and aftertreatment device (if one is installed) properly. 
The proposed requirements minimize the burden on individual owners and 
operators and small entities, while ensuring that the engine and 
aftertreatment device is operated and maintained correctly. Further, 
EPA does not believe that it is reasonable to subject small stationary 
RICE and stationary emergency RICE to performance testing. Subjecting 
the engines to maintenance requirements will assist in minimizing and 
maintaining emissions below the emission standards. The cost of 
requiring performance testing on these engines would be too significant 
when compared to the cost of the unit itself and to the benefits of 
such testing. In addition, subjecting stationary RICE located at area 
sources that are not subject to numerical emission standards to 
performance testing would serve little purpose, given that the purpose 
of testing is to determine whether the engine is meeting numerical 
limits, which is unnecessary where no such limits apply.
    For stationary non-emergency RICE located at major sources that are 
greater than or equal to 100 HP and stationary RICE located at area 
sources that are subject to numerical emission standards, EPA 
determined that performance testing is necessary to confirm that the 
emission standards are being met. Again, EPA has attempted to reduce 
compliance requirements and is proposing a level of performance testing 
commensurate with ensuring that the emission standards are being met. 
Therefore, for non-emergency stationary RICE located at major sources 
that are greater than or equal to 100 HP and less than or equal to 500 
HP and stationary RICE located at area sources that are subject to 
numerical emission standards, EPA chose to require an initial 
performance test only. However, if the engine is rebuilt or overhauled, 
the engine must be re-tested to demonstrate that it meets the emission 
standards.
    For existing non-emergency stationary RICE greater than 500 HP, 
testing every 8,760 hours of operation of 3 years, whichever comes 
first, is also required. EPA believes such a requirement is appropriate 
for these size engines, but does not believe that further testing is 
necessary for smaller engines, i.e., those less than or equal to 500 
HP. Subsequent performance testing is appropriate for engines greater 
than 500 HP due to their size and frequency of operation. Plus, many 
States mandate more stringent compliance requirements for large 
engines. Finally, the RICE NESHAP for engines greater than 500 HP 
located at major sources also required further performance testing 
following the initial compliance demonstration.
    Owners and operators of stationary non-emergency 2SLB, 4SLB, 4SRB, 
and CI RICE that are greater than 500 HP and are located at an area 
source, and stationary non-emergency CI RICE that are greater than 500 
HP and are located at a major source must continuously monitor pressure 
drop across the catalyst and catalyst inlet temperature if the engine 
is equipped with oxidation catalyst or NSCR. These parameters serve as 
surrogates of the catalyst performance. The pressure drop across the 
catalyst can indicate if the catalyst is damaged or fouled, in which 
case, catalyst performance would decrease. If the pressure drop across 
the catalyst deviates by more than two inches of water from the 
pressure drop across the catalyst measured during the initial 
performance test, the catalyst might be damaged or plugged. If the 
catalyst is changed, the pressure drop across the catalyst must be 
reestablished. The catalyst inlet temperature is a requirement for 
proper performance of the catalyst. In general, the catalyst 
performance will decrease as the catalyst inlet temperature decreases. 
In addition, if the catalyst inlet temperature is too high, it might be 
an indication of ignition misfiring, poisoning, or fouling, which would 
decrease catalyst performance. In addition, the catalyst requires inlet 
temperatures to be greater than or equal to the specified temperature 
for the reduction of HAP emissions.
    EPA is proposing to remove the proposed EPA Method 323 from 40 CFR 
part 63, subpart ZZZZ, as an acceptable method for determining 
compliance with the formaldehyde emission limitation. The method is 
currently included as an optional test method for measuring 
formaldehyde in addition to EPA Method 320 and ASTM D6348-03 for 
stationary engines. EPA Method 323 was first proposed as part of the 
NESHAP for Stationary Combustion Turbines published January 14, 2003 
(68 FR 1888) for measuring formaldehyde emissions from natural gas-
fired sources. However, the method was not included in the final rule 
due to reliability concerns and EPA never promulgated EPA Method 323 as 
a final

[[Page 9712]]

standard in 40 CFR part 63, appendix A. Due to unresolved technical 
issues associated with the method affecting engine test results, EPA 
has no plans to finalize EPA Method 323. Therefore, EPA finds it 
appropriate to propose to remove the method from subpart ZZZZ.

D. How did EPA determine the reporting and recordkeeping requirements?

    EPA discussed the specific reporting and recordkeeping requirements 
that are being proposed in section III of the preamble. In general, EPA 
has attempted to reduce the reporting and recordkeeping burden on 
affected owners and operators. The following presents the rationale for 
the proposed reporting and recordkeeping requirements.
    Owners and operators of emergency engines are required to keep 
records of their hours of operation (emergency and non-emergency). 
Owners and operators must install a non-resettable hour meter on their 
engines to record the necessary information. The owner and operators 
are required to record the time of operation and the reason the engine 
was in operation during that time. EPA believes these requirements are 
appropriate for emergency engines. The requirement to maintain records 
documenting why the engine was operating will ensure that regulatory 
agencies have the necessary information to determine if the engine was 
in compliance with the maintenance and testing hour limitation of 100 
hours per year.
    EPA does not believe the recordkeeping requirements being placed 
upon owners and operators of stationary emergency engines are onerous. 
Emergency engines are often equipped with the equipment necessary to 
record hours of operation and operators may already be recording the 
information. Even as a brand new requirement, recording the time and 
reason of operation should take minimal time and effort. Further, 
recording the hours and reason for operation is necessary to assure 
that the engine is in compliance. Finally, these requirements are 
consistent with previously promulgated requirements affecting the same 
or similar engines, namely under the CI and SI NSPS.
    The reporting requirements being proposed in this rule are 
consistent with those required for engines subject to the 2004 rule, 
i.e., stationary RICE greater than 500 HP located at major sources, and 
are based on the General Provisions. Owners and operators of existing 
emergency stationary RICE, existing stationary RICE that are less than 
100 HP and existing stationary RICE that are not subject to any 
numerical emission standards, do not have to submit the notifications 
listed in the NESHAP General Provisions (40 CFR part 63, subpart A). 
Owners and operators of all other engines must submit an initial 
notification, notification of performance test, and a notification of 
compliance for each stationary RICE which must comply with the 
specified emission limitations.

V. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    The proposed rule is expected to reduce total HAP emissions from 
stationary RICE by 13,000 tons per year (tpy) beginning in the year 
2013 or the first year the rule will become effective. EPA estimates 
that approximately 290,000 stationary SI engines will be subject to the 
rule and nearly 1 million stationary CI engines will be subject to the 
rule. These estimates include stationary engines located at major and 
area sources; however, not all stationary engines are subject to 
numerical emission standards. Further information regarding the 
estimated reductions of the proposed rule can be found in the 
memorandum entitled ``Impacts Associated with NESHAP for Existing 
Stationary RICE,'' which is available in the docket.
    In addition to HAP emissions reductions, the proposed rule will 
reduce other pollutants such as CO, NOX , and PM. The 
proposed rule is expected to reduce emissions of CO by more than 
510,000 tpy in the year 2013. Emissions of NOX are expected 
to be reduced by 79,000 tpy in the year 2013. Reductions of PM are 
estimated at close to 2,600 tpy in the year 2013, and SOX 
reductions are expected to be more than 4,000 tpy in the year 2013. 
Emissions of volatile organic compounds (VOC) are estimated to be 
reduced by 90,000 tpy in the year 2013.

B. What are the cost impacts?

    The total national capital cost for the final rule for existing 
stationary RICE is estimated to be $528 million, with a total national 
annual cost of $345 million in year 2013 (the first year the rule is 
implemented). Further information regarding the estimated cost impacts 
of this proposed rule can be found in the memorandum entitled ``Impacts 
Associated with NESHAP for Existing Stationary RICE,'' which is 
available in the docket.

C. What are the benefits?

    We estimate the monetized benefits of this proposed NESHAP to be 
$930 million to $2.0 billion (2007$, 3% discount rate) in the year of 
full implementation (2013); higher or lower estimates are plausible 
according to alternate models identified by experts describing the 
relationship between PM2.5 and premature mortality.\5\ The 
benefits at a 7% discount rate are $850 million to $1.8 billion 
(2007$). We base the estimate of human health benefits derived from the 
PM2.5 and PM2.5 precursor emission reductions on 
the approach and methodology laid out in the Technical Support Document 
that accompanied the Regulatory Impact Analysis (RIA) for the revision 
to the National Ambient Air Quality Standard for Ground-level Ozone 
(NAAQS), March 2008. We generated estimates that represent the total 
monetized human health benefits (the sum of premature mortality and 
morbidity) of reducing PM2.5 and PM2.5 precursor 
emissions. A summary of the range of the monetized benefits estimates 
at discount rates of 3% and 7% is in Table 4 of this preamble.
---------------------------------------------------------------------------

    \5\ Roman et al., 2008. Expert Judgment Assessment of the 
Mortality Impact of Changes in Ambient Fine Particulate Matter in 
the U.S. Environ. Sci. Technol., 42, 7, 2268-2274.

           Table 4--Summary of the Range of Monetized Benefits Estimates for the Proposed RICE NESHAP
----------------------------------------------------------------------------------------------------------------
                                       Emission      Total monetized  benefits       Total monetized  benefits
             Pollutant                reductions    (millions  of 2007 dollars,     (millions  of 2007 dollars,
                                        (tons)           3% discount) \1\                7% discount) \1\
----------------------------------------------------------------------------------------------------------------
Direct PM2.5.......................        2,561  $550 to $1,200................  $500 to $1,100.
PM2.5 precursors...................      184,536  $380 to $820..................  $350 to $740.
                                    ----------------------------------------------------------------------------

[[Page 9713]]


    Grand total....................  ...........  $930 to $2,000................  $850 to $1,800.
----------------------------------------------------------------------------------------------------------------
\1\ All estimates are for the analysis year (full implementation, 2013), and are rounded to two significant
  figures so numbers may not sum across rows. We assume that 40% of emissions reductions are from major point
  sources and 60% are from area sources. PM2.5 precursors reflect emission reductions of NOX, SOX, and VOCs. All
  fine particles are assumed to have equivalent health effects, and the monetized benefits incorporate the
  conversion from precursor emissions to ambient fine particles. Monetized benefits from HAP reductions are not
  included in these estimates.

    The specific estimates of benefits per ton of pollutant reductions 
included in this analysis are largely driven by the concentration 
response function for premature mortality. Experts have advised EPA to 
consider a variety of assumptions, including estimates based both on 
empirical (epidemiological) studies and judgments elicited from 
scientific experts, to characterize the uncertainty in the relationship 
between PM2.5 concentrations and premature mortality. For 
this proposed NESHAP we cite two key empirical studies, one based on 
the American Cancer Society cohort study \6\ and the extended Six 
Cities cohort study.\7\ Alternate models identified by experts 
describing the relationship between PM2.5 and premature 
mortality would yield higher and lower estimates (Roman et al. 2008).
---------------------------------------------------------------------------

    \6\ Pope et al., 2002. ``Lung Cancer, Cardiopulmonary Mortality, 
and Long-term Exposure to Fine Particulate Air Pollution.'' Journal 
of the American Medical Association. 287:1132-1141.
    \7\ Laden et al., 2006. ``Reduction in Fine Particulate Air 
Pollution and Mortality.'' American Journal of Respiratory and 
Critical Care Medicine. 173: 667-672.
---------------------------------------------------------------------------

    EPA is exploring updates to the benefit-per-ton estimates, 
including two technical updates, as well as addressing the assumption 
regarding thresholds in the health impact function. For more 
information, please consult the RIA for this proposed rule that is 
available in the docket.
    To generate the benefit-per-ton estimates, we used a model to 
convert emissions of direct PM2.5 and PM2.5 
precursors into changes in PM2.5 air quality and another 
model to estimate the changes in human health based on that change in 
air quality. Finally, the monetized health benefits were divided by the 
emission reductions to create the benefit-per-ton estimates. Even 
though all fine particles are assumed to have equivalent health 
effects, the benefit-per-ton estimates vary between precursors because 
each ton of precursor reduced has a different propensity to form 
PM2.5. For example, NOX has a lower benefit-per-
ton estimate than direct PM2.5 because it does not form as 
much PM2.5, thus the exposure would be lower, and the 
monetized health benefits would be lower.
    This analysis does not include the type of detailed uncertainty 
assessment found in the 2006 PM2.5 NAAQS RIA because we lack 
the necessary air quality input and monitoring data to run the benefits 
model. However, the 2006 PM2.5 NAAQS benefits analysis 
provides an indication of the sensitivity of our results to the use of 
alternative concentration response functions, including those derived 
from the PM expert elicitation study.
    The annualized costs of this rulemaking are estimated at $345 
million (2007 dollars) in the year of full implementation, and the 
benefits are estimated at $930 million to $2.0 billion (2007 dollars, 
3% discount rate) for that same year. Thus, net benefits of this 
rulemaking are estimated at $590 million to $1.6 billion (2007 dollars, 
3% discount rate); higher or lower estimates are plausible according to 
alternate models identified by experts describing the relationship 
between PM2.5 and premature mortality. The net benefits at a 
7% discount rate are $500 million to $1.5 billion (2007$). EPA believes 
that the benefits are likely to exceed the costs by a significant 
margin even when taking into account the uncertainties in the cost and 
benefit estimates. It should be noted that the range of benefits 
estimates provided above does not include ozone-related benefits from 
the reductions in VOC and NOX emissions expected to occur as 
a result of this final rule, nor does this range include benefits from 
the portion of total PM emissions reduction that is not 
PM2.5 or other hazardous air pollutants. We do not have 
sufficient information or modeling available to provide such estimates 
for this rulemaking. For more information, please refer to the RIA for 
this proposed rule that is available in the docket.

D. What are the non-air health, environmental and energy impacts?

    EPA does not anticipate any adverse non-air health, environmental 
or energy impacts as a result of this proposed rule.

VI. Solicitation of Public Comments and Participation

    EPA seeks full public participation in arriving at its final 
decisions, and strongly encourages comments on all aspects of this 
proposed rule from all interested parties. Whenever applicable, full 
supporting data and detailed analysis should be submitted to allow EPA 
to make maximum use of the comments. The Agency invites all parties to 
coordinate their data collection activities with EPA to facilitate 
mutually beneficial and cost-effective data submissions.
    EPA is requesting specific comment on the proposed emission 
standards for existing non-emergency 4SLB engines greater than or equal 
to 250 HP and existing non-emergency 4SRB engines greater than or equal 
to 50 HP. Specifically, EPA is seeking comment on the appropriateness 
of setting more stringent emission standards for certain existing rich 
burn engines than what is currently required for other rich burn 
engines already regulated. For example, the proposed emission standards 
for existing non-emergency 4SRB engines greater than or equal to 50 HP 
is 200 ppbvd of formaldehyde or 90 percent formaldehyde reduction, 
whereas the current emission standards for existing and new non-
emergency 4SRB engines greater than 500 HP at major sources is 350 
ppbvd and 75 percent formaldehyde reduction.
    EPA is also requesting comment on the proposed formaldehyde 
emission standards that apply to rich burn engines. EPA is particularly 
interested in determining whether it would be appropriate to include a 
VOC emission standard in place of or as an alternative to the 
formaldehyde emission standards. If so, EPA is requesting information 
on what an appropriate VOC emission standard should be. Commenters are

[[Page 9714]]

encouraged to submit stationary engine test data containing VOC 
emissions pre- and post-catalyst as well as any engine test data that 
includes both formaldehyde and VOC emissions from the same engine. In 
addition, we ask for comments and data on whether there are other more 
appropriate surrogates than formaldehyde and CO for the metallic HAP 
that are emitted by stationary diesel engines.
    EPA is proposing emission standards for existing stationary non-
emergency CI engines that are greater than 300 HP that are based on the 
use of oxidation catalyst. EPA solicits comments on whether 300 HP is 
the appropriate size division for setting beyond-the-floor MACT 
standards requiring the use of add-on controls. Specifically, EPA is 
seeking comment on whether it is feasible or appropriate to extend the 
more stringent standards to engines that are less than 300 HP. EPA also 
requests comments on the possibility of requiring CDPFs for existing 
diesel engines, rather than oxidation catalysts, and, if so, which 
subcategory or subcategories of stationary diesel engines would be most 
appropriate for control using CDPFs. The use of CDPFs would help 
achieve the same level of HAP reduction as oxidation catalysts, with a 
higher level of control of diesel PM. EPA is also interested in 
comments and information on other regulatory and non-regulatory 
approaches for addressing black carbon emissions from existing 
stationary diesel engines.
    EPA also requests comments on other proven technologies that may be 
able to achieve significant HAP reductions. For example, we request 
comment on the possible requirement of using closed crankcase 
ventilation systems on engines affected by this proposed rule. Closed 
crankcase ventilation systems have been used in mobile engine 
applications for many years.
    In addition, EPA is requesting comment on the fuel requirements. 
EPA is proposing that existing stationary non-emergency CI engines 
greater than 300 HP with a displacement of less than 30 liters per 
cylinder must meet the ULSD fuel requirement of 40 CFR 80.510(b). These 
engines would be required to be operated with fuel having a sulfur 
content of less than or equal to 15 ppm. EPA is specifically interested 
in whether it would be appropriate to require all existing stationary 
CI engines (except those with a displacement of greater than or equal 
to 30 liters per cylinder) to use 15 ppm sulfur fuel. EPA is interested 
in determining if smaller engines, i.e., those less than 300 HP, and 
emergency engines should be subject to fuel requirements also and is 
requesting comment on this issue. Furthermore, EPA is also interested 
in receiving comments and information about the option of adding a 
requirement to the regulations that would prohibit the burning of 
crankcase oil or mixing crankcase oil with fuel in engines equipped 
with exhaust aftertreatment technologies. EPA is interested in 
information on whether such practice has the potential for increasing 
HAP emissions or damaging exhaust aftertreatment technologies that 
would be used to meet the proposed emission limits.
    Finally, EPA is requesting comment on the management practices 
being proposed for some subcategories of engines located at area 
sources. EPA is interested to receive information on any additional 
management practices that could be required.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under section 3(f)(1) of Executive Order 12866 (58 FR 51735, 
October 4, 1993), this action is an ``economically significant 
regulatory action'' because it is likely to have an annual effect on 
the economy of $100 million or more. Accordingly, EPA submitted this 
action to the Office of Management and Budget (OMB) for review under 
Executive Order 12866, and any changes made in response to OMB 
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The Information Collection Request (ICR) 
document prepared by EPA has been assigned EPA ICR number 1975.06.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to Agency policies set 
forth in 40 CFR part 2, subpart B.
    This proposed rule will not require any notifications or reports 
beyond those required by the General Provisions. The recordkeeping 
requirements require only the specific information needed to determine 
compliance.
    The annual monitoring, reporting, and recordkeeping burden for this 
collection (averaged over the first 3 years after sources must comply) 
is estimated to be 3,422,879 labor hours per year at a total annual 
cost of $15,554,937. This estimate includes notifications of compliance 
and performance tests, engine performance testing, semiannual 
compliance reports, continuous monitoring, and recordkeeping. The total 
capital costs associated with the requirements over the 3-year period 
of the ICR is estimated to be $30,772,678 per year. There are no 
additional operation and maintenance costs for the requirements over 
the 3-year period of the ICR.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including the use of automated collection 
techniques, EPA has established a public docket for this rule, which 
includes this ICR, under Docket ID number EPA-HQ-OAR-2008-0708. Submit 
any comments related to the ICR for this proposed rule to EPA and OMB. 
See ADDRESSES section at the beginning of this action for where to 
submit comments to EPA. Send comments to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725

[[Page 9715]]

17th Street, NW., Washington, DC 20503, Attention: Desk Officer for 
EPA. Since OMB is required to make a decision concerning the ICR 
between 30 and 60 days after March 5, 2009, a comment to OMB is best 
assured of having its full effect if OMB receives it by April 6, 2009. 
The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    For purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined as: (1) A small as defined by 
the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    The companies owning facilities with affected RICE can be grouped 
into small and large categories using Small Business Administration 
(SBA) general size standard definitions. Size standards are based on 
industry classification codes (i.e., North American Industrial 
Classification System, or NAICS) that each company uses to identify the 
industry or industries in which they operate in. The SBA defines a 
small business in terms of the maximum employment, annual sales, or 
annual energy-generating capacity (for electricity generating units--
EGUs) of the owning entity. These thresholds vary by industry and are 
evaluated based on the primary industry classification of the affected 
companies. In cases where companies are classified by multiple NAICS 
codes, the most conservative SBA definition (i.e., the NAICS code with 
the highest employee or revenue size standard) was used.
    As mentioned earlier in this preamble, facilities across several 
industries use affected RICE, so therefore a number of size standards 
are utilized in this analysis. For the 9 industries identified at the 
6-digit NAICS code represented in this analysis, the employment size 
standard varies from 500 to 1,000 employees. The annual sales standard 
is as low as 0.75 million dollars and as high as 34 million dollars. In 
addition, for the electric power generation industry, the small 
business size standard is an ultimate parent entity defined as having a 
total electric output of 4 million megawatt-hours (MW-hr) in the 
previous fiscal year. The specific SBA size standard is identified for 
each affected industry within the industry profile to support this 
economic analysis.
    After considering the economic impacts of this final rule on small 
entities, we have concluded that this action will not have a 
significant economic impact on a substantial number of small entities 
(or SISNOSE). This certification is based on the economic impact of 
this proposed action to all affected small entities across all 
industries affected. We estimate that all small entities will have 
annualized costs of less than 1 percent of their sales in all 
industries except NAICS 2211 (electric power generation, transmission, 
and distribution). In this case, however, the number of small entities 
having annualized costs of greater than 1 percent of their sales is 
less than 10 percent. Hence, we conclude that there is no SISNOSE for 
this proposal.
    Although the proposed rule will not have a significant economic 
impact on a substantial number of small entities, we nonetheless tried 
to reduce the impact of the proposed rule on small entities. We held 
meetings with industry trade associations and company representatives 
to discuss the proposed rule and included provisions to limit 
monitoring and recordkeeping requirements to the extent possible. We 
continue to be interested in the potential impacts of the proposed 
action on small entities and welcome comments on issues related to such 
impacts.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 
U.S.C. 1531-1538, requires Federal agencies, unless otherwise 
prohibited by law, to assess the effects of their regulatory actions on 
State, local, and tribal governments and the private sector. This rule 
contains a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any one year. Accordingly, EPA has 
prepared under section 202 of the UMRA a written statement which is 
summarized below.
    As discussed previously in this preamble, the statutory authority 
for the proposed rule is section 112 of the CAA. Section 112(b) lists 
the 189 chemicals, compounds, or groups of chemicals deemed by Congress 
to be HAP. These toxic air pollutants are to be regulated by NESHAP. 
Section 112(d) of the CAA directs us to develop NESHAP based on MACT, 
which require existing and new major sources to control emissions of 
HAP. EPA is required to address HAP emissions from stationary RICE 
located at area sources under section 112(k) of the CAA, based on 
criteria set forth by EPA in the Urban Air Toxics Strategy previously 
discussed in this preamble. These NESHAP apply to existing stationary 
RICE less than or equal to 500 HP located at major sources of HAP 
emissions, existing non-emergency stationary CI RICE greater than 300 
HP, and existing stationary RICE located at area sources of HAP 
emissions.
    In compliance with section 205(a), we identified and considered a 
reasonable number of regulatory alternatives. The regulatory 
alternative upon which the rule is based is the least costly, most 
cost-effective alternative to achieve the statutory requirements of 
Clean Air Act section 112.
1. Social Costs and Benefits
    The RIA prepared for the proposed rule, including the Agency's 
assessment of costs and benefits, is detailed in the ``Regulatory 
Impact Analysis for the Proposed RICE NESHAP'' in the docket. Based on 
estimated compliance costs on all sources associated with the proposed 
rule and the predicted change in prices and production in the affected 
industries, the estimated social costs of the proposed rule are $345 
million (2007 dollars). It is estimated that by 2013, HAP will be 
reduced by 13,000 tpy due to reductions in formaldehyde, acetaldehyde, 
acrolein, methanol and other HAP from existing stationary RICE. 
Formaldehyde and acetaldehyde have been classified as ``probable human 
carcinogens.'' Acrolein, methanol and the other HAP are not considered 
carcinogenic, but produce several other toxic effects. The proposed 
rule will also achieve reductions in 511,000 tons of CO, approximately 
79,000 tons of NOX per year, about 90,000 tons of VOC per 
year, and approximately 2,600 tons of PM per year, in the year 2013. 
Exposure to CO can affect the cardiovascular system and the central 
nervous system. Emissions of NOX can transform into PM, 
which can result in fatalities and many respiratory problems (such as 
asthma or bronchitis); and NOX can also transform into ozone 
causing several respiratory problems to affected populations.
    The total monetized benefits of the proposed rule range from $0.9 
to $2.0 billion. (2007 dollars).
2. Future and Disproportionate Costs
    The UMRA requires that we estimate, where accurate estimation is 
reasonably feasible, future compliance costs imposed by the rule and 
any disproportionate budgetary effects. Our

[[Page 9716]]

estimates of the future compliance costs of the proposed rule are 
discussed previously in this preamble. We do not believe that there 
will be any disproportionate budgetary effects of the proposed rule on 
any particular areas of the country, State or local governments, types 
of communities (e.g., urban, rural), or particular industry segments.
3. Effects on the National Economy
    The UMRA requires that we estimate the effect of the proposed rule 
on the national economy. To the extent feasible, we must estimate the 
effect on productivity, economic growth, full employment, creation of 
productive jobs, and international competitiveness of the U.S. goods 
and services if we determine that accurate estimates are reasonably 
feasible and that such effect is relevant and material. The nationwide 
economic impact of the proposed rule is presented in the ``Regulatory 
Impact Analysis for RICE NESHAP'' in the docket. This analysis provides 
estimates of the effect of the proposed rule on most of the categories 
mentioned above. The results of the economic impact analysis were 
summarized previously in this preamble. In addition, we have determined 
that the proposed rule contains no regulatory requirements that might 
significantly or uniquely affect small governments. Therefore, this 
rule is not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This proposed rule primarily 
affects private industry, and does not impose significant economic 
costs on State or local governments. Thus, Executive Order 13132 does 
not apply to this proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

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

    This proposed rule does not have tribal implications as specified 
in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this proposed rule.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
proposed rule is not subject to Executive Order 13045 because it is 
based on technology performance and not on health or safety risks.

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

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. EPA has prepared an analysis of energy 
impacts that explains this conclusion as follows below.
    With respect to energy supply and prices, EPA's analysis suggests 
that at the industry level, the annualized costs represent a very small 
fraction of revenue (less than 0.7 percent). As a result, EPA can 
conclude supply and price impacts on affected energy producers and 
consumers should be small.
    To enhance understanding regarding the regulation's influence on 
energy consumption, EPA examined publicly available data describing 
energy consumption for the electric power sector. The electric power 
sector is expected to incur more than 40 percent of the $345 million in 
compliance costs associated with the proposed rule, and the industry is 
expected to incur the greatest share of the costs relative to other 
affected industries. The Annual Energy Outlook 2009 (EIA, 2008) 
provides energy consumption data. Since this rule only affects diesel 
and natural gas-fired RICE, EPA's analysis focuses on impacts of 
consumption of these fuels. As shown in Table 6 of this preamble, the 
electric power sector accounts for less than 0.5 percent of the U.S. 
total liquid fuels (which includes diesel fuel) and less than 6.5 
percent of U.S. natural gas consumption. As a result, any energy 
consumption changes attributable to the proposed rule should not 
significantly influence the supply, distribution, or use of energy 
nationwide.

 Table 6--U.S. Electric Power \a\ Sector Energy Consumption (Quadrillion
                               BTUs): 2013
------------------------------------------------------------------------
                                                         Share of total
                                          Quantity         energy use
                                                            (percent)
------------------------------------------------------------------------
Distillate fuel oil.................              0.12               0.1
Residual fuel oil...................              0.38               0.4
Liquid fuels subtotal...............              0.50               0.5
Natural gas.........................              6.27               6.1
Steam coal..........................             21.55              21.0
Nuclear power.......................              8.53               8.3
Renewable energy \b\................              4.80               4.7
Electricity Imports.................              0.08               0.1
Total Electric Power Energy                      41.86              40.8
 Consumption \c\....................

[[Page 9717]]


Delivered Energy Use................             74.05              72.2
    Total Energy Use................            102.58            100.0
------------------------------------------------------------------------
\a\ Includes consumption of energy by electricity-only and combined heat
  and power plants whose primary business is to sell electricity, or
  electricity and heat, to the public. Includes small power producers
  and exempt wholesale generators.
\b\ Includes conventional hydroelectric, geothermal, wood and wood
  waste, biogenic municipal solid waste, other biomass, petroleum coke,
  wind, photovoltaic and solar thermal sources. Excludes net electricity
  imports.
\c\ Includes non-biogenic municipal waste not included above.
Source: U.S. Energy Information Administration. 2008a. Supplemental
  Tables to the Annual Energy Outlook 2009. Table 10. Available at:
  http://www.eia.doe.gov/oiaf/aeo/supplement/supref.html.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs EPA to 
provide Congress, through OMB, explanations when the Agency decides not 
to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.
    Under Sec.  63.7(f) and Sec.  63.8(f) of subpart A of the General 
Provisions, a source may apply to EPA for permission to use alternative 
test methods or alternative monitoring requirements in place of any 
required or referenced testing methods, performance specifications, or 
procedures.

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

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. This proposed rule is expected to reduce HAP 
emissions from stationary RICE and thus decrease the amount of such 
emissions to which all affected populations are exposed.

List of Subjects in 40 CFR Part 63

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

    Dated: February 25, 2009.
Lisa P. Jackson,
Administrator.

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

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

    2. Section 63.6590 is amended by revising paragraphs (b)(1) 
introductory text and (b)(3) to read as follows:


Sec.  63.6590  What parts of my plant does this subpart cover?

* * * * *
    (b) * * *
    (1) An affected source which meets either of the criteria in 
paragraphs (b)(1)(i) through (ii) of this section does not have to meet 
the requirements of this subpart and of subpart A of this part except 
for the initial notification requirements of Sec.  63.6645(f).
* * * * *
    (3) A stationary RICE which is an existing spark ignition 2 stroke 
lean burn (2SLB) stationary RICE with a site rating of more than 500 
brake HP located at a major source of HAP emissions, an existing spark 
ignition 4 stroke lean burn (4SLB) stationary RICE with a site rating 
of more than 500 brake HP located at a major source of HAP emissions, 
an existing emergency stationary RICE with a site rating of more than 
500 brake HP located at a major source of HAP emissions, an existing 
limited use stationary RICE with a site rating of more than 500 brake 
HP located at a major source of HAP emissions, or an existing 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions that combusts landfill gas or digester 
gas equivalent to 10 percent or more of the gross heat input on an 
annual basis, does not have to meet the requirements of this subpart 
and of subpart A of this part. No initial notification is necessary.
* * * * *
    3. Section 63.6595 is amended by revising paragraph (a)(1) to read 
as follows:


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

    (a) * * *
    (1) If you have an existing stationary RICE, excluding existing 
non-emergency CI stationary RICE, with a site rating of more than 500 
brake HP located at a major source of HAP emissions, you must comply 
with the applicable emission limitations and operating limitations no 
later than June 15, 2007. If you have an existing non-emergency CI 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions, an existing stationary RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions, or an existing stationary

[[Page 9718]]

RICE located at an area source of HAP emissions, you must comply with 
the applicable emission limitations and operating limitations no later 
than [DATE 3 YEARS FROM THE EFFECTIVE DATE OF THE RULE].
* * * * *
    4. Section 63.6600 is amended by revising paragraph (c) and adding 
paragraph (d) to read as follows:


Sec.  63.6600  What emission limitations and operating limitations must 
I meet if I own or operate a stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions?

* * * * *
    (c) If you own or operate any of the following stationary RICE with 
a site rating of more than 500 brake HP located at a major source of 
HAP emissions, you do not need to comply with the emission limitations 
in Tables 1a and 2a to this subpart or operating limitations in Tables 
1b and 2b to this subpart: an existing 2SLB stationary RICE or an 
existing 4SLB stationary RICE; a stationary RICE that combusts landfill 
gas or digester gas equivalent to 10 percent or more of the gross heat 
input on an annual basis; an emergency stationary RICE; or a limited 
use stationary RICE.
    (d) If you own or operate an existing stationary CI RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions, you must comply with the emission limitations in Table 2c to 
this subpart and the operating limitations in Table 2b to this subpart 
which apply to you.
    5. The heading of section 63.6601 is revised to read as follows:


Sec.  63.6601   What emission limitations must I meet if I own or 
operate a new or reconstructed 4SLB stationary RICE with a site rating 
of greater than or equal to 250 brake HP and less than 500 brake HP 
located at a major source of HAP emissions?

* * * * *
    6. Section 63.6602 is added to read as follows:


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

    If you own or operate an existing stationary RICE with a site 
rating of equal to or less than 500 brake HP located at a major source 
of HAP emissions, you must comply with the emission limitations in 
Table 2c to this subpart which apply to you.
    7. Section 63.6603 is added to read as follows:


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

    If you own or operate an existing stationary RICE located at an 
area source of HAP emissions, you must comply with the requirements in 
Table 2d to this subpart and the operating limitations in Tables 1b and 
2b to this subpart which apply to you.
    8. Section 63.6604 is added to read as follows:


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

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


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

    (a) You must be in compliance with the emission limitations and 
operating limitations in this subpart that apply to you at all times.
* * * * *
    10. The heading of Sec.  63.6611 is revised to read as follows:


Sec.  63.6611   By what date must I conduct the initial performance 
tests or other initial compliance demonstrations if I own or operate a 
new or reconstructed 4SLB SI stationary RICE with a site rating of 
greater than or equal to 250 and less than or equal to 500 brake HP 
located at a major source of HAP emissions?

* * * * *
    11. Section 63.6612 is added to read as follows:


Sec.  63.6612   By what date must I conduct the initial performance 
tests or other initial compliance demonstrations if I own or operate an 
existing stationary RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions or an existing 
stationary RICE located at an area source of HAP emissions?

    If you own or operate an existing stationary RICE with a site 
rating of less than or equal to 500 brake HP located at a major source 
of HAP emissions or an existing stationary RICE located at an area 
source of HAP emissions you are subject to the requirements of this 
section.
    (a) You must conduct the initial performance test or other initial 
compliance demonstration according to Tables 4 and 5 to this subpart 
that apply to you within 180 days after the compliance date that is 
specified for your stationary RICE in Sec.  63.6595 and according to 
the provisions in Sec.  63.7(a)(2).
    (b) An owner or operator is not required to conduct an initial 
performance test on a unit for which a performance test has been 
previously conducted, but the test must meet all of the conditions 
described in paragraphs (b)(1) through (5) of this section.
    (1) The test must have been conducted using the same methods 
specified in this subpart, and these methods must have been followed 
correctly.
    (2) The test must not be older than 2 years.
    (3) The test must be reviewed and accepted by the Administrator.
    (4) Either no process or equipment changes must have been made 
since the test was performed, or the owner or operator must be able to 
demonstrate that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process or 
equipment changes.
    (5) The test must be conducted at any load condition within plus or 
minus 10 percent of 100 percent load.


Sec.  63.6620--[Amended]  

    12. Section 63.6620 is amended by removing and reserving paragraph 
(c).
* * * * *
    13. Section 63.6625 is amended by adding paragraphs (e), (f) and 
(g) to read as follows:


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

* * * * *
    (e) If you own or operate an existing stationary RICE with a site 
rating of less than 100 brake HP located at a major source of HAP 
emissions, an existing stationary emergency RICE, or an existing 
stationary RICE located at an area source of HAP emissions not subject 
to any numerical emission standards shown in Table 2d to this subpart, 
you must operate and maintain the stationary RICE and aftertreatment 
control device (if any) according to the manufacturer's emission-
related written instructions or develop your own maintenance plan which 
must provide to the extent practicable for the maintenance and 
operation of the engine in a manner consistent with good

[[Page 9719]]

air pollution control practice for minimizing emissions.
    (f) If you own or operate an existing emergency stationary RICE 
with a site rating of less than or equal to 500 brake HP located at a 
major source of HAP emissions or an existing emergency stationary RICE 
located at an area source of HAP emissions, you must install a non-
resettable hour meter if one is not already installed.
    (g) If you own or operate an existing stationary 4SRB RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions or an existing stationary 4SRB RICE located at 
an area source of HAP emissions, air-to-fuel ratio controllers (AFRC) 
are required to be used with the operation of three-way catalysts/non-
selective catalytic reduction. The AFRC must be maintained and operated 
appropriately in order to ensure proper operation of the engine and 
control device to minimize emissions at all times.
    14. Section 63.6640 is amended as follows:
    a. By revising paragraph (a);
    b. By revising paragraph (b);
    c. By revising paragraph (e); and
    d. By adding paragraph (f).


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

    (a) You must demonstrate continuous compliance with each emission 
limitation and operating limitation in Tables 1a and 1b, Tables 2a and 
2b, Table 2c, and Table 2d to this subpart that apply to you according 
to methods specified in Table 6 to this subpart.
    (b) You must report each instance in which you did not meet each 
emission limitation or operating limitation in Tables 1a and 1b, Tables 
2a and 2b, Table 2c, and Table 2d to this subpart that apply to you. 
These instances are deviations from the emission and operating 
limitations in this subpart. These deviations must be reported 
according to the requirements in Sec.  63.6650. If you change your 
catalyst, you must reestablish the values of the operating parameters 
measured during the initial performance test. When you reestablish the 
values of your operating parameters, you must also conduct a 
performance test to demonstrate that you are meeting the required 
emission limitation applicable to your stationary RICE.
* * * * *
    (e) You must also report each instance in which you did not meet 
the requirements in Table 8 to this subpart that apply to you. If you 
own or operate a new or reconstructed stationary RICE with a site 
rating of less than or equal to 500 brake HP located at a major source 
of HAP emissions (except new or reconstructed 4SLB engines greater than 
or equal to 250 and less than or equal to 500 brake HP), a new or 
reconstructed stationary RICE located at an area source of HAP 
emissions, or any of the following RICE with a site rating of more than 
500 brake HP located at a major source of HAP emissions, you do not 
need to comply with the requirements in Table 8 to this subpart: An 
existing 2SLB stationary RICE, an existing 4SLB stationary RICE, an 
existing emergency stationary RICE, an existing limited use emergency 
stationary RICE, or an existing stationary RICE which fires landfill 
gas or digester gas equivalent to 10 percent or more of the gross heat 
input on an annual basis. If you own or operate any of the following 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions, you do not need to comply with the 
requirements in Table 8 to this subpart, except for the initial 
notification requirements: a new or reconstructed stationary RICE that 
combusts landfill gas or digester gas equivalent to 10 percent or more 
of the gross heat input on an annual basis, a new or reconstructed 
emergency stationary RICE, or a new or reconstructed limited use 
stationary RICE.
    (f) If you own or operate an existing emergency stationary RICE 
with a site rating of less than or equal to 500 brake HP located at a 
major source of HAP emissions or an existing emergency stationary RICE 
located at an area source of HAP emissions, you may operate your 
emergency stationary RICE for the purpose of maintenance checks and 
readiness testing, provided that the tests are recommended by Federal, 
State or local government, the manufacturer, the vendor, or the 
insurance company associated with the engine. Maintenance checks and 
readiness testing of such units is limited to 100 hours per year. There 
is no time limit on the use of emergency stationary ICE in emergency 
situations. The owner or operator may petition the Administrator for 
approval of additional hours to be used for maintenance checks and 
readiness testing, but a petition is not required if the owner or 
operator maintains records indicating that Federal, State, or local 
standards require maintenance and testing of emergency RICE beyond 100 
hours per year. Emergency stationary RICE may operate up to 50 hours 
per year in non-emergency situations, but those 50 hours are counted 
towards the 100 hours per year provided for maintenance and testing. 
The 50 hours per year for non-emergency situations cannot be used for 
peak shaving or to generate income for a facility to supply power to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity. For owners and operators of emergency 
engines, any operation other than emergency operation, maintenance and 
testing, and operation in non-emergency situations for 50 hours per 
year, as permitted in this section, is prohibited.
    15. Section 63.6645 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.6645  What notifications must I submit and when?

    (a) If you own or operate an existing stationary RICE with a site 
rating of less than or equal to 500 brake HP located at a major source 
of HAP emissions, an existing stationary RICE located at an area source 
of HAP emissions, a stationary RICE with a site rating of more than 500 
brake HP located at a major source of HAP emissions, or a new or 
reconstructed 4SLB stationary RICE with a site rating of greater than 
or equal to 250 HP located at a major source of HAP emissions, except 
existing stationary RICE less than 100 HP, existing stationary 
emergency RICE, and existing stationary RICE not subject to any 
numerical emission standards, you must submit all of the notifications 
in Sec. Sec.  63.7(b) and (c), 63.8(e), (f)(4) and (f)(6), 63.9(b) 
through (e), and (g) and (h) that apply to you by the dates specified.
* * * * *
    16. Section 63.6655 is amended by adding paragraphs (e) and (f) to 
read as follows:


Sec.  63.6655   What records must I keep?

* * * * *
    (e) If you own or operate an existing stationary RICE with a site 
rating of less than 100 brake HP located at a major source of HAP 
emissions, an existing stationary emergency RICE, or an existing 
stationary RICE located at an area source of HAP emissions subject to 
management practices as shown in Table 2d to this subpart, you must 
keep records of the maintenance conducted on the stationary RICE in 
order to demonstrate that you operate and maintain the stationary RICE 
and aftertreatment control device (if any) according to your own 
maintenance plan.
    (f) If you own or operate an existing emergency stationary RICE 
with a site rating of less than or equal to 500 brake HP located at a 
major source of HAP emissions that does not meet the standards 
applicable to non-emergency engines or an existing emergency

[[Page 9720]]

stationary RICE located at an area source of HAP emissions that does 
not meet the standards applicable to non-emergency engines, you must 
keep records of the hours of operation of the engine that is recorded 
through the non-resettable hour meter. The owner or operator must 
document how many hours are spent for emergency operation, including 
what classified the operation as emergency and how many hours are spent 
for non-emergency operation.
    17. Section 63.6665 is revised to read as follows:


Sec.  63.6665   What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you. If you own or operate a 
new or reconstructed stationary RICE with a site rating of less than or 
equal to 500 brake HP located at a major source of HAP emissions 
(except new or reconstructed 4SLB engines greater than or equal to 250 
and less than or equal to 500 brake HP), a new or reconstructed 
stationary RICE located at an area source of HAP emissions, or any of 
the following RICE with a site rating of more than 500 brake HP located 
at a major source of HAP emissions, you do not need to comply with any 
of the requirements of the General Provisions: An existing 2SLB RICE, 
an existing 4SLB stationary RICE, an existing stationary RICE that 
combusts landfill gas or digester gas equivalent to 10 percent or more 
of the gross heat input on an annual basis, an existing emergency 
stationary RICE, or an existing limited use stationary RICE. If you own 
or operate any of the following RICE with a site rating of more than 
500 brake HP located at a major source of HAP emissions, you do not 
need to comply with the requirements in the General Provisions except 
for the initial notification requirements: A new stationary RICE that 
combusts landfill gas or digester gas equivalent to 10 percent or more 
of the gross heat input on an annual basis, a new emergency stationary 
RICE, or a new limited use stationary RICE.
    18. Table 1a to Subpart ZZZZ of Part 63 is revised to read as 
follows:

Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for Existing, 
New, and Reconstructed Spark Ignition, 4SRB Stationary RICE

    As stated in Sec. Sec.  63.6600 and 63.6640, you must comply with 
the following emission limitations for existing, new and reconstructed 
4SRB stationary RICE at 100 percent load plus or minus 10 percent:

------------------------------------------------------------------------
                                You must meet the
                               following emission     You must meet the
                                limitation at all    following emission
       For each * * *         times, except during    limitation during
                               periods of startup,   periods of startup,
                              or malfunction * * *  or malfunction * * *
------------------------------------------------------------------------
1. 4SRB stationary RICE.....  a. reduce             limit the
                               formaldehyde          concentration of
                               emissions by 76       formaldehyde in the
                               percent or more. If   stationary RICE
                               you commenced         exhaust to 2 ppmvd
                               construction or       or less at 15
                               reconstruction        percent O2.
                               between December
                               19, 2002 and June
                               15, 2004, you may
                               reduce formaldehyde
                               emissions by 75
                               percent or more
                               until June 15, 2007
                               or
                              b. limit the          ....................
                               concentration of
                               formaldehyde in the
                               stationary RICE
                               exhaust to 350
                               ppbvd or less at 15
                               percent O2.
------------------------------------------------------------------------

    19. Table 1b to Subpart ZZZZ of Part 63 is revised to read as 
follows:

Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for 
Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 
>500 HP Located at a Major Source of HAP Emissions and Existing 4SRB 
Stationary RICE >500 HP Located at an Area Source of HAP Emissions

    As stated in Sec. Sec.  63.6600, 63.6603, 63.6630 and 63.6640, you 
must comply with the following operating emission limitations for 
existing, new and reconstructed 4SRB stationary RICE >500 HP located at 
a major source of HAP emissions and existing 4SRB stationary RICE >500 
HP located at an area source of HAP emissions:

------------------------------------------------------------------------
                                           You must meet the following
             For each * * *                 operating limitation * * *
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with   a. maintain your catalyst so
 the requirement to reduce formaldehyde   that the pressure drop across
 emissions by 76 percent or more (or by   the catalyst does not change
 75 percent or more, if applicable) and   by more than 2 inches of water
 using NSCR; or                           at 100 percent load plus or
                                          minus 10 percent from the
                                          pressure drop across the
                                          catalyst measured during the
                                          initial performance test; and
2. 4SRB stationary RICE complying with   b. maintain the temperature of
 the requirement to limit the             your stationary RICE exhaust
 concentration of formaldehyde in the     so that the catalyst inlet
 stationary RICE exhaust to 350 ppbvd     temperature is greater than or
 or less at 15 percent O2 and using       equal to 750 [deg]F and less
 NSCR; or                                 than or equal to 1250 [deg]F.
4SRB stationary RICE complying with the  ...............................
 requirement to reduce formaldehyde
 emissions by 90 percent or more and
 using NSCR; or
4SRB stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust to 200 ppbvd or less at 15
 percent O2 and using NSCR.
3. 4SRB stationary RICE complying with   a. comply with any operating
 the requirement to reduce formaldehyde   limitations approved by the
 emissions by 76 percent or more (or by   Administrator.
 75 percent or more, if applicable) and
 not using NSCR; or
4SRB stationary RICE complying with the  ...............................
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR; or

[[Page 9721]]


4SRB stationary RICE complying with the  ...............................
 requirement to reduce formaldehyde
 emissions by 90 percent or more and
 not using NSCR; or
4SRB stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust to 200 ppbvd or less at 15
 percent O2 and not using NSCR.
------------------------------------------------------------------------

    20. Table 2a to Subpart ZZZZ of Part 63 is revised to read as 
follows:

Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New and 
Reconstructed 2SLB and Compression Ignition Stationary RICE >500 HP and 
4SLB Stationary RICE >=250 HP Located at a Major Source of HAP 
Emissions

    As stated in Sec. Sec.  63.6600 and 63.6640, you must comply with 
the following emission limitations for new and reconstructed lean burn 
and new and reconstructed compression ignition stationary RICE at 100 
percent load plus or minus 10 percent:

----------------------------------------------------------------------------------------------------------------
                                                                                    You must meet the following
                                          You must meet the following emission       emission limitation during
            For each * * *               limitation at all times, except during        periods of startup, or
                                        periods of startup, or malfunction * * *         malfunction * * *
----------------------------------------------------------------------------------------------------------------
1. 2SLB stationary RICE..............  a. reduce CO emissions by 58 percent or     limit concentration of CO in
                                        more; or                                    the stationary RICE exhaust
                                                                                    to 259 ppmvd or less at 15
                                                                                    percent O2.
                                       b. limit concentration of formaldehyde in   .............................
                                        the stationary RICE exhaust to 12 ppmvd
                                        or less at 15 percent O2. If you
                                        commenced construction or reconstruction
                                        between December 19, 2002 and June 15,
                                        2004, you may limit concentration of
                                        formaldehyde to 17 ppmvd or less at 15
                                        percent O2 until June 15, 2007.
2. 4SLB stationary RICE..............  a. reduce CO emissions by 93 percent or     limit concentration of CO in
                                        more; or                                    the stationary RICE exhaust
                                                                                    to 420 ppmvd or less at 15
                                                                                    percent O2.
                                       b. limit concentration of formaldehyde in
                                        the stationary RICE exhaust to 14 ppmvd
                                        or less at 15 percent O2.
3. CI stationary RICE................  a. reduce CO emissions by 70 percent or     limit concentration of CO in
                                        more; or                                    the stationary RICE exhaust
                                                                                    to 77 ppmvd or less at 15
                                                                                    percent O2.
                                       b. limit concentration of formaldehyde in
                                        the stationary RICE exhaust to 580 ppbvd
                                        or less at 15 percent O2.
----------------------------------------------------------------------------------------------------------------

    21. Table 2b to Subpart ZZZZ of Part 63 is revised to read as 
follows:

Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New and 
Reconstructed 2SLB and Compression Ignition Stationary RICE >500 HP, 
Existing Compression Ignition Stationary RICE >500 HP, and 4SLB Burn 
Stationary RICE >=250 HP Located at a Major Source of HAP Emissions

    As stated in Sec. Sec.  63.6600, 63.6601, 63.6630, and 63.6640, you 
must comply with the following operating limitations for new and 
reconstructed lean burn and existing, new and reconstructed compression 
ignition stationary RICE:

------------------------------------------------------------------------
                                           You must meet the following
             For each * * *                 operating limitation * * *
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary RICE and CI  a. maintain your catalyst so
 stationary RICE complying with the       that the pressure drop across
 requirement to reduce CO emissions and   the catalyst does not change
 using an oxidation catalyst; or 2SLB     by more than 2 inches of water
 and 4SLB stationary RICE and CI          at 100 percent load plus or
 stationary RICE complying with the       minus 10 percent from the
 requirement to limit the concentration   pressure drop across the
 of formaldehyde in the stationary RICE   catalyst that was measured
 exhaust and using an oxidation           during the initial performance
 catalyst.                                test; and
                                         b. maintain the temperature of
                                          your stationary RICE exhaust
                                          so that the catalyst inlet
                                          temperature is greater than or
                                          equal to 450 [deg]F and less
                                          than or equal to 1350 [deg]F.

[[Page 9722]]


2. 2SLB and 4SLB stationary RICE and CI  comply with any operating
 stationary RICE complying with the       limitations approved by the
 requirement to reduce CO emissions and   Administrator.
 not using an oxidation catalyst; or
 2SLB and 4SLB stationary RICE and CI
 stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst.
------------------------------------------------------------------------

    22. Table 2c to Subpart ZZZZ of Part 63 is added to read as 
follows:

Table 2c to Subpart ZZZZ of Part 63--Emission Limitations for Existing 
Stationary RICE Located at a Major Source of HAP Emissions

    As stated in Sec. Sec.  63.6601, 63.6602 and 63.6604, you must 
comply with the following emission limitations for existing stationary 
RICE located at a major source of HAP emissions at 100 percent load 
plus or minus 10 percent:

----------------------------------------------------------------------------------------------------------------
                                                                                    You must meet the following
                                          You must meet the following emission       emission limitation during
            For each * * *               limitation at all times, except during        periods of startup, or
                                        periods of startup, or malfunction * * *         malfunction * * *
----------------------------------------------------------------------------------------------------------------
1. Non-Emergency 2SLB 50>=HP<=249....  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 85 ppmvd or      the stationary RICE exhaust
                                        less at 15 percent O2.                      to 85 ppmvd or less at 15
                                                                                    percent O2.
2. Non-Emergency 2SLB 250>=HP<=500...  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 8 ppmvd or       the stationary RICE exhaust
                                        less at 15 percent O2; or                   to 85 ppmvd or less at 15
                                                                                    percent O2.
                                       b. Reduce CO emissions by 90 percent or
                                        more.
3. Non-Emergency 4SLB 50>=HP<=249....  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 95 ppmvd or      the stationary RICE exhaust
                                        less at 15 percent O2.                      to 95 ppmvd or less at 15
                                                                                    percent O2.
4. Non-Emergency 4SLB 250>=HP<=500...  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 9 ppmvd or       the stationary RICE exhaust
                                        less at 15 percent O2; or                   to 95 ppmvd or less at 15
                                                                                    percent O2.
                                       b. Reduce CO emissions by 90 percent or
                                        more.
5. Non-Emergency 4SRB 50>=HP<=500....  a. limit concentration of formaldehyde in   limit concentration of
                                        the stationary RICE exhaust to 200 ppbvd    formaldehyde in the
                                        or less at 15 percent O2; or                stationary RICE exhaust to 2
                                                                                    ppmvd or less at 15 percent
                                                                                    O2.
                                       b. reduce formaldehyde emissions by 90
                                        percent or more.
6. All CI 50>=HP<=300................  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 40 ppmvd or      the stationary RICE exhaust
                                        less at 15 percent O2.                      to 40 ppmvd or less at 15
                                                                                    percent O2.
7. Emergency CI 300>HP<=500..........  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 40 ppmvd or      the stationary RICE exhaust
                                        less at 15 percent O2.                      to 40 ppmvd or less at 15
                                                                                    percent O2.
8. Non-Emergency CI >300 HP..........  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 4 ppmvd or       the stationary RICE exhaust
                                        less at 15 percent O2; or                   to 40 ppmvd or less at 15
                                                                                    percent O2.
                                       b. Reduce CO emissions by 90 percent or
                                        more.
9. <50 HP............................  a. limit concentration of formaldehyde in   limit concentration of
                                        the stationary RICE exhaust to 2 ppmvd or   formaldehyde in the
                                        less at 15 percent O2.                      stationary RICE exhaust to 2
                                                                                    ppmvd or less at 15 percent
                                                                                    O2.
10. Landfill/Digester 50>=HP<=500....  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 177 ppmvd or     the stationary RICE exhaust
                                        less at 15 percent O2.                      to 177 ppmvd or less at 15
                                                                                    percent O2.
11. Emergency SI 50>=HP<=500.........  a. limit concentration of formaldehyde in   limit concentration of
                                        the stationary RICE exhaust to 2 ppmvd or   formaldehyde in the
                                        less at 15 percent O2.                      stationary RICE exhaust to 2
                                                                                    ppmvd or less at 15 percent
                                                                                    O2.
----------------------------------------------------------------------------------------------------------------

    23. Table 2d to Subpart ZZZZ of Part 63 is added to read as 
follows:

Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing 
Stationary RICE Located at an Area Source of HAP Emissions

    As stated in Sec. Sec.  63.6603 and 63.6625, you must comply with 
the following requirements for existing stationary RICE located at an 
area source of HAP emissions at 100 percent load plus or minus 10 
percent:

[[Page 9723]]



----------------------------------------------------------------------------------------------------------------
                                         You must meet the following emission or    You must meet the following
                                        operating limitation at all times, except      emission or operating
            For each * * *              during periods of startup, or malfunction   limitation during periods of
                                                          * * *                    startup, or malfunction * * *
----------------------------------------------------------------------------------------------------------------
1. Non-Emergency 2SLB 50>=HP<=249....  a. change oil and filter every 500 hours;   i. change oil and filter
                                                                                    every 500 hours;
                                       b. replace spark plugs every 1000 hours;    ii. replace spark plugs every
                                        and                                         1000 hours; and
                                       c. inspect all hoses and belts every 500    iii. inspect all hoses and
                                        hours and replace as necessary.             belts every 500 hours and
                                                                                    replace as necessary.
2. Non-Emergency 2SLB >=250 HP.......  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 8 ppmvd or       the stationary RICE exhaust
                                        less at 15 percent O2; or                   to 85 ppmvd or less at 15
                                                                                    percent O2.
                                       b. reduce CO emissions by 90 percent or
                                        more.
3. Non-Emergency 4SLB 50>=HP<=249....  a. change oil and filter every 500 hours;   i. change oil and filter
                                                                                    every 500 hours;
                                       b. replace spark plugs every 1000 hours;    ii. replace spark plugs every
                                        and                                         1000 hours; and
                                       c. inspect all hoses and belts every 500    iii. inspect all hoses and
                                        hours and replace as necessary.             belts every 500 hours and
                                                                                    replace as necessary.
4. Non-Emergency 4SLB >=250 HP.......  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 9 ppmvd or       the stationary RICE exhaust
                                        less at 15 percent O2; or                   to 95 ppmvd or less at 15
                                                                                    percent O2.
                                       b. reduce CO emissions by 90 percent or
                                        more.
5. Non-Emergency 4SRB >=50 HP........  a. limit concentration of formaldehyde in   limit concentration of
                                        the stationary RICE exhaust to 200 ppbvd    formaldehyde in the
                                        or less at 15 percent O2; or                stationary RICE exhaust to 2
                                                                                    ppmvd or less at 15 percent
                                                                                    O2.
                                       b. reduce formaldehyde emissions by 90
                                        percent or more.
6. Emergency CI 50>=HP<=500..........  a. change oil and filter every 500 hours;   i. change oil and filter
                                                                                    every 500 hours;
                                       b. inspect air cleaner every 1000 hours     ii. inspect air cleaner every
                                        and replace as necessary; and               1000 hours and replace as
                                                                                    necessary; and
                                       c. inspect all hoses and belts every 500    iii. inspect all hoses and
                                        hours and replace as necessary.             belts every 500 hours and
                                                                                    replace as necessary.
7. Emergency CI >500 HP..............  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 40 ppmvd or      the stationary RICE exhaust
                                        less at 15 percent O2.                      to 40 ppmvd or less at 15
                                                                                    percent O2.
8. Non-Emergency CI 50>=HP<=300......  a. change oil and filter every 500 hours;   i. change oil and filter
                                                                                    every 500 hours;
                                       b. inspect air cleaner every 1000 hours     ii. inspect air cleaner every
                                        and replace as necessary; and               1000 hours and replace as
                                                                                    necessary; and
                                       c. inspect all hoses and belts every 500    iii. inspect all hoses and
                                        hours and replace as necessary.             belts every 500 hours and
                                                                                    replace as necessary.
9. Non-Emergency CI >300 HP..........  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 4 ppmvd or       the stationary RICE exhaust
                                        less at 15 percent O2; or                   to 40 ppmvd or less at 15
                                                                                    percent O2.
                                       b. reduce CO emissions by 90 percent or
                                        more.
10. <50 HP...........................  a. change oil and filter every 200 hours;   i. change oil and filter
                                                                                    every 200 hours;
                                       b. replace spark plugs every 500 hours (SI  ii. replace spark plugs every
                                        engines only); and                          500 hours (SI engines only);
                                                                                    and
                                       c. inspect all hoses and belts every 500    iii. inspect all hoses and
                                        hours and replace as necessary.             belts every 500 hours and
                                                                                    replace as necessary.
11. Landfill/Digester Gas 50>=HP<=500  a. change oil and filter every 500 hours;   i. change oil and filter
                                                                                    every 500 hours;
                                       b. replace spark plugs every 1000 hours;    ii. replace spark plugs every
                                        and                                         1000 hours; and
                                       c. inspect all hoses and belts every 500    iii. inspect all hoses and
                                        hours and replace as necessary.             belts every 500 hours and
                                                                                    replace as necessary.
12. Landfill/Digester Gas >500 HP....  a. limit concentration of CO in the         limit concentration of CO in
                                        stationary RICE exhaust to 177 ppmvd or     the stationary RICE exhaust
                                        less at 15 percent O2.                      to 177 ppmvd or less at 15
                                                                                    percent O2.
13. Emergency SI 50>=HP<=500.........  a. change oil and filter every 500 hours;   i. change oil and filter
                                                                                    every 500 hours;
                                       b. replace spark plugs every 1000 hours;    ii. replace spark plugs every
                                        and                                         1000 hours; and
                                       c. inspect all hoses and belts every 500    iii. inspect all hoses and
                                        hours and replace as necessary.             belts every 500 hours and
                                                                                    replace as necessary.
14. Emergency SI >500 HP.............  a. limit concentration of formaldehyde in   limit concentration of
                                        the stationary RICE exhaust to 2 ppmvd or   formaldehyde in the
                                        less at 15 percent O2.                      stationary RICE exhaust to 2
                                                                                    ppmvd or less at 15 percent
                                                                                    O2.
----------------------------------------------------------------------------------------------------------------

    24. Table 3 to Subpart ZZZZ of Part 63 is revised to read as 
follows:

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

    As stated in Sec. Sec.  63.6615 and 63.6620, you must comply with 
the following subsequent performance test requirements:

[[Page 9724]]



------------------------------------------------------------------------
                               Complying with the
       For each * * *         requirement to * * *     You must * * *
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary   reduce CO emissions   conduct subsequent
 RICE with a brake             and not using a       performance tests
 horsepower >500 located at    CEMS.                 semiannually.\1\
 major sources and new or
 reconstructed CI stationary
 RICE with a brake
 horsepower >500 located at
 major sources.
2. 4SRB stationary RICE with  reduce formaldehyde   conduct subsequent
 a brake horsepower >=5,000    emissions.            performance tests
 located at major sources.                           semiannually.\1\
3. Stationary RICE with a     limit the             conduct subsequent
 brake horsepower >500         concentration of      performance tests
 located at major sources.     formaldehyde in the   semiannually.\1\
                               stationary RICE
                               exhaust.
4. Existing non-emergency     limit or reduce CO    conduct subsequent
 stationary RICE with a        or formaldehyde       performance tests
 brake horsepower >500.        emissions.            every 8,760 hrs or
                                                     3 years, whichever
                                                     comes first.
------------------------------------------------------------------------
\1\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.

    25. Table 4 to Subpart ZZZZ of Part 63 is revised to read as 
follows:

Table 4 to Subpart ZZZZ of Part 63--Requirements for Performance Tests

    As stated in Sec. Sec.  63.6610, 63.6611, 63.6612, 63.6620, and 
63.6640, you must comply with the following requirements for 
performance tests for stationary RICE:

----------------------------------------------------------------------------------------------------------------
                                  Complying with the                                           According to the
         For each * * *           requirement to * *    You must * * *        Using * * *          following
                                           *                                                  requirements * * *
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI stationary  a. reduce CO        i. measure the O2   (1) portable CO     (a) using ASTM
 RICE.                             emissions.          at the inlet and    and O2 analyzer.    D6522-00 (2005)
                                                       outlet of the                           \a\ (incorporated
                                                       control device;                         by reference, see
                                                       and                                     Sec.   63.14).
                                                                                               Measurements to
                                                                                               determine O2 must
                                                                                               be made at the
                                                                                               same time as the
                                                                                               measurements for
                                                                                               CO concentration.
                                                      ii. measure the CO  (1) portable CO     (a) using ASTM
                                                       at the inlet and    and O2 analyzer.    D6522-00 (2005)
                                                       the outlet of the                       \a\ (incorporated
                                                       control device.                         by reference, see
                                                                                               Sec.   63.14) or
                                                                                               Method 10 of 40
                                                                                               CFR appendix A.
                                                                                               The CO
                                                                                               concentration
                                                                                               must be at 15
                                                                                               percent O2, dry
                                                                                               basis.
2. 4SRB stationary RICE.........  a. reduce           i. select the       (1) Method 1 or 1A  (a) sampling sites
                                   formaldehyde        sampling port       of 40 CFR part      must be located
                                   emissions.          location and the    60, appendix A      at the inlet and
                                                       number of           Sec.                outlet of the
                                                       traverse points;    63.7(d)(1)(i).      control device.
                                                       and
                                                      ii. measure O2 at   (1) Method 3 or 3A  (a) measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A, or ASTM Method   must be made at
                                                       and                 D6522-00(2005).     the same time as
                                                                                               the measurements
                                                                                               for formaldehyde
                                                                                               concentration.
                                                      iii. measure        (1) Method 4 of 40  (a) measurements
                                                       moisture content    CFR part 60,        to determine
                                                       at the inlet and    appendix A, or      moisture content
                                                       outlet of the       Test Method 320     must be made at
                                                       control device;     of 40 CFR part      the same time and
                                                       and                 63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iv. measure         (1) Method 320 of   (a) formaldehyde
                                                       formaldehyde at     40 CFR part 63,     concentration
                                                       the inlet and the   appendix A; or      must be at 15
                                                       outlet of the       ASTM D6348-03,\b\   percent O2, dry
                                                       control device.     provided in ASTM    basis. Results of
                                                                           D6348-03 Annex A5   this test consist
                                                                           (Analyte Spiking    of the average of
                                                                           Technique), the     the three 1-hour
                                                                           percent R must be   or longer runs.
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
3. Stationary RICE..............  a. limit the        i. select the       (1) Method 1 or 1A  (a) if using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   formaldehyde or     location and the    60, appendix A      the sampling site
                                   CO in the           number of           Sec.                must be located
                                   stationary RICE     traverse points;    63.7(d)(1)(i).      at the outlet of
                                   exhaust.            and                                     the control
                                                                                               device.

[[Page 9725]]


                                                      ii. determine the   (1) Method 3 or 3A  (a) measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       RICE exhaust at     A, or ASTM Method   must be made at
                                                       the sampling port   D6522-00 (2005).    the same time and
                                                       location; and                           location as the
                                                                                               measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iii. measure        (1) Method 4 of 40  (a) measurements
                                                       moisture content    CFR part 60,        to determine
                                                       of the stationary   appendix A, or      moisture content
                                                       RICE exhaust at     Test Method 320     must be made at
                                                       the sampling port   of 40 CFR part      the same time and
                                                       location; and       63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iv. measure         (1) Method 320 of   (a) Formaldehyde
                                                       formaldehyde at     40 CFR part 63,     concentration
                                                       the exhaust of      appendix A; or      must be at 15
                                                       the stationary      ASTM D6348-03,\b\   percent O2, dry
                                                       RICE; or            provided in ASTM    basis. Results of
                                                                           D6348-03 Annex A5   this test consist
                                                                           (Analyte Spiking    of the average of
                                                                           Technique), the     the three 1-hour
                                                                           percent R must be   or longer runs.
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
                                                      v. measure CO at    (1) Method 10 of    (a) CO
                                                       the exhaust of      40 CFR part 60,     concentration
                                                       the stationary      appendix A, ASTM    must be at 15
                                                       RICE                Method D6522-00     percent O2, dry
                                                                           (2005),\a\ Method   basis. Results of
                                                                           320 of 40 CFR       this test consist
                                                                           part 63, appendix   of the average of
                                                                           A, or ASTM D6348-   the three 1-hour
                                                                           03.                 longer runs.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
  00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
  Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
  Ann Arbor, MI 48106.
\b\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
  Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
  International, 300 North Zeeb Road, Ann Arbor, MI 48106.

    26. Table 5 to Subpart ZZZZ of Part 63 is revised to read as 
follows:

Table 5 to Subpart ZZZZ of Part 63--Initial Compliance with Emission 
Limitations and Operating Limitations

    As stated in Sec. Sec.  63.6612, 63.6625 and 63.6630, you must 
initially comply with the emission and operating limitations as 
required by the following:

------------------------------------------------------------------------
                                                          You have
       For each * * *          Complying with the   demonstrated initial
                              requirement to * * *   compliance if * * *
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary   a. Reduce CO          i. The average
 RICE >500 HP located at a     emissions and using   reduction of
 major source and new or       oxidation catalyst,   emissions of CO
 reconstructed CI stationary   and using a CPMS.     determined from the
 RICE >500 HP located at a                           initial performance
 major source.                                       test achieves the
                                                     required CO percent
                                                     reduction; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
2. 2SLB and 4SLB stationary   a. Reduce CO          i. The average
 RICE >500 HP located at a     emissions and not     reduction of
 major source and new or       using oxidation       emissions of CO
 reconstructed CI stationary   catalyst.             determined from the
 RICE >500 HP located at a                           initial performance
 major source.                                       test achieves the
                                                     required CO percent
                                                     reduction; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.

[[Page 9726]]


3. 2SLB and 4SLB stationary   a. Reduce CO          i. You have
 RICE >500 HP located at a     emissions, and        installed a CEMS to
 major source and new or       using a CEMS.         continuously
 reconstructed CI stationary                         monitor CO and
 RICE >500 HP located at a                           either O2 or CO2 at
 major source.                                       both the inlet and
                                                     outlet of the
                                                     oxidation catalyst
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(a);
                                                     and
                                                    ii. You have
                                                     conducted a
                                                     performance
                                                     evaluation of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B; and
                                                    iii. The average
                                                     reduction of CO
                                                     calculated using
                                                     Sec.   63.6620
                                                     equals or exceeds
                                                     the required
                                                     percent reduction.
                                                     The initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average percent
                                                     reduction achieved
                                                     during the 4-hour
                                                     period.
4. 4SRB stationary RICE >500  a. Reduce             i. The average
 HP located at a major         formaldehyde          reduction of
 source.                       emissions and using   emissions of
                               NSCR.                 formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
5. 4SRB stationary RICE >500  a. Reduce             i. The average
 HP located at a major         formaldehyde          reduction of
 source.                       emissions and not     emissions of
                               using NSCR.           formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
6. Stationary RICE >500 HP    a. Limit the          i. The average
 located at a major source.    concentration of      formaldehyde
                               formaldehyde in the   concentration,
                               stationary RICE       corrected to 15
                               exhaust and using     percent O2, dry
                               oxidation catalyst    basis, from the
                               or NSCR.              three test runs is
                                                     less than or equal
                                                     to the formaldehyde
                                                     emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
7. Stationary RICE >500 HP    a. Limit the          i. The average
 located at a major source.    concentration of      formaldehyde
                               formaldehyde in the   concentration,
                               stationary RICE       corrected to 15
                               exhaust and not       percent O2, dry
                               using oxidation       basis, from the
                               catalyst or NSCR.     three test runs is
                                                     less than or equal
                                                     to the formaldehyde
                                                     emission
                                                     limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
8. Existing stationary non-   a. Reduce CO or       i. The average
 emergency RICE >=100 HP       formaldehyde          reduction of
 located at a major source,    emissions.            emissions of CO or
 existing non-emergency CI                           formaldehyde, as
 stationary RICE >500 HP,                            applicable
 and existing stationary non-                        determined from the
 emergency RICE >=100 HP                             initial performance
 located at an area source.                          test is equal to or
                                                     greater than the
                                                     required CO or
                                                     formaldehyde, as
                                                     applicable, percent
                                                     reduction.
9. Existing stationary non-   a. Limit the          i. The average
 emergency RICE >=100 HP       concentration of      formaldehyde or CO
 located at a major source,    formaldehyde or CO    concentration, as
 existing non-emergency CI     in the stationary     applicable,
 stationary RICE >500 HP,      RICE exhaust.         corrected to 15
 and existing stationary non-                        percent O2, dry
 emergency RICE >=100 HP                             basis, from the
 located at an area source.                          three test runs is
                                                     less than or equal
                                                     to the formaldehyde
                                                     or CO emission
                                                     limitation, as
                                                     applicable.
------------------------------------------------------------------------


[[Page 9727]]

    27. Table 6 to Subpart ZZZZ of Part 63 is revised to read as 
follows:

Table 6 to Subpart ZZZZ of Part 63--Continuous Compliance with Emission 
Limitations and Operating Limitations

    As stated in Sec.  63.6640, you must continuously comply with the 
emissions and operating limitations as required by the following:

------------------------------------------------------------------------
                                                    You must demonstrate
                               Complying with the        continuous
       For each * * *         requirement to * * *   compliance by * * *

------------------------------------------------------------------------
1. 2SLB and 4SLB stationary   a. Reduce CO          i. Conducting
 RICE >500 HP located at a     emissions and using   semiannual
 major source and CI           an oxidation          performance tests
 stationary RICE >500 HP       catalyst, and using   for CO to
 located at a major source.    a CPMS.               demonstrate that
                                                     the required CO
                                                     percent reduction
                                                     is achieved; a and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
2. 2SLB and 4SLB stationary   a. Reduce CO          i. Conducting
 RICE >500 HP located at a     emissions and not     semiannual
 major source and CI           using an oxidation    performance tests
 stationary RICE >500 HP       catalyst, and using   for CO to
 located at a major source.    a CPMS.               demonstrate that
                                                     the required CO
                                                     percent reduction
                                                     is achieved; a and
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
3. 2SLB and 4SLB stationary   a. Reduce CO          i. Collecting the
 RICE >500 HP located at a     emissions and using   monitoring data
 major source and CI           a CEMS.               according to Sec.
 stationary RICE >500 HP                             63.6625(a),
 located at a major source.                          reducing the
                                                     measurements to 1-
                                                     hour averages,
                                                     calculating the
                                                     percent reduction
                                                     of CO emissions
                                                     according to Sec.
                                                     63.6620; and
                                                    ii. Demonstrating
                                                     that the catalyst
                                                     achieves the
                                                     required percent
                                                     reduction of CO
                                                     emissions over the
                                                     4-hour averaging
                                                     period; and
                                                    iii. Conducting an
                                                     annual RATA of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B, as
                                                     well as daily and
                                                     periodic data
                                                     quality checks in
                                                     accordance with 40
                                                     CFR part 60,
                                                     appendix F,
                                                     procedure 1.
4. 4SRB stationary RICE >500  a. Reduce             i. Collecting the
 HP located at a major         formaldehyde          catalyst inlet
 source.                       emissions and using   temperature data
                               NSCR.                 according to Sec.
                                                     63.6625(b); and
                                                    ii. reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    iv. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
5. 4SRB stationary RICE >500  a. Reduce             i. Collecting the
 HP located at a major         formaldehyde          approved operating
 source.                       emissions and not     parameter (if any)
                               using NSCR.           data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    ii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
6. 4SRB stationary RICE with  Reduce formaldehyde   Conducting
 a brake HP >=5,000 located    emissions.            semiannual
 at a major source.                                  performance tests
                                                     for formaldehyde to
                                                     demonstrate that
                                                     the required
                                                     formaldehyde
                                                     percent reduction
                                                     is achieved a.

[[Page 9728]]


7. Stationary RICE >500 HP    Limit the             i. Conducting
 located at a major source.    concentration of      semiannual
                               formaldehyde in the   performance tests
                               stationary RICE       for formaldehyde to
                               exhaust and using     demonstrate that
                               oxidation catalyst    your emissions
                               or NSCR.              remain at or below
                                                     the formaldehyde
                                                     concentration
                                                     limit; a and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
8. Stationary RICE >500 HP    Limit the             i. Conducting
 located at a major source.    concentration of      semiannual
                               formaldehyde in the   performance tests
                               stationary RICE       for formaldehyde to
                               exhaust and not       demonstrate that
                               using oxidation       your emissions
                               catalyst or NSCR.     remain at or below
                                                     the formaldehyde
                                                     concentration
                                                     limit; a and
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
9. Existing stationary RICE   a. Reduce             i. Operating and
 <100 HP located at a major    formaldehyde          maintaining the
 or area source.               emissions; or         stationary RICE
                                                     according to the
                                                     manufacturer's
                                                     emission-related
                                                     operation and
                                                     maintenance
                                                     instructions; or
                              b. Limit the          ii. Develop and
                               concentration of      follow your own
                               formaldehyde or CO    maintenance plan
                               in the stationary     which must provide
                               RICE exhaust.         to the extent
                                                     practicable for the
                                                     maintenance and
                                                     operation of the
                                                     engine in a manner
                                                     consistent with
                                                     good air pollution
                                                     control practice
                                                     for minimizing
                                                     emissions.
10. Existing stationary RICE  a. Management         i. Operating and
 located at an area source     practices.            maintaining the
 not subject to any                                  stationary RICE
 numerical emission                                  according to the
 limitations.                                        manufacturer's
                                                     emission-related
                                                     operation and
                                                     maintenance
                                                     instructions; or
                                                    ii. Develop and
                                                     follow your own
                                                     maintenance plan
                                                     which must provide
                                                     to the extent
                                                     practicable for the
                                                     maintenance and
                                                     operation of the
                                                     engine in a manner
                                                     consistent with
                                                     good air pollution
                                                     control practice
                                                     for minimizing
                                                     emissions.
11. Existing stationary RICE  a. Reduce CO or       i. Conducting
 >500 HP, except 4SRB >500     formaldehyde          performance tests
 HP located at major sources.  emissions; or         every 8,760 hours
                                                     or 3 years,
                                                     whichever comes
                                                     first, for CO or
                                                     formaldehyde, as
                                                     appropriate, to
                                                     demonstrate that
                                                     the required CO or
                                                     formaldehyde, as
                                                     appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit.
                              b. Limit the
                               concentration of
                               formaldehyde or CO
                               in the stationary
                               RICE exhaust.
------------------------------------------------------------------------
a After you have demonstrated compliance for two consecutive tests, you
  may reduce the frequency of subsequent performance tests to annually.
  If the results of any subsequent annual performance test indicate the
  stationary RICE is not in compliance with the CO or formaldehyde
  emission limitation, or you deviate from any of your operating
  limitations, you must resume semiannual performance tests.

    28. Table 8 to Subpart ZZZZ of Part 63 is revised 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.

[[Page 9729]]



----------------------------------------------------------------------------------------------------------------
    General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  General applicability of    Yes..................
                                     the General Provisions.
Sec.   63.2.......................  Definitions...............  Yes..................  Additional terms defined
                                                                                        in Sec.   63.6675.
Sec.   63.3.......................  Units and abbreviations...  Yes..................
Sec.   63.4.......................  Prohibited activities and   Yes..................
                                     circumvention.
Sec.   63.5.......................  Construction and            Yes..................
                                     reconstruction.
Sec.   63.6(a)....................  Applicability.............  Yes..................
Sec.   63.6(b)(1)-(4).............  Compliance dates for new    Yes..................
                                     and reconstructed sources.
Sec.   63.6(b)(5).................  Notification..............  Yes..................
Sec.   63.6(b)(6).................  [Reserved]................
Sec.   63.6(b)(7).................  Compliance dates for new    Yes..................
                                     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)(1).................  Operation and maintenance.  Yes..................  Additional requirements
                                                                                        are specified in Sec.
                                                                                        63.6625 and in Tables 2d
                                                                                        and 6 to this subpart.
Sec.   63.6(e)(2).................  [Reserved]................
Sec.   63.6(e)(3).................  Startup, shutdown, and      Yes..................
                                     malfunction plan.
Sec.   63.6(f)(1).................  Applicability of standards  No...................
                                     except during startup
                                     shutdown malfunction
                                     (SSM).
Sec.   63.6(f)(2).................  Methods for determining     Yes..................
                                     compliance.
Sec.   63.6(f)(3).................  Finding of compliance.....  Yes..................
Sec.   63.6(g)(1)-(3).............  Use of alternate standard.  Yes..................
Sec.   63.6(h)....................  Opacity and visible         No...................  Subpart ZZZZ does not
                                     emission standards.                                contain opacity or
                                                                                        visible emission
                                                                                        standards.
Sec.   63.6(i)....................  Compliance extension        Yes..................
                                     procedures and criteria.
Sec.   63.6(j)....................  Presidential compliance     Yes..................
                                     exemption.
Sec.   63.7(a)(1)-(2).............  Performance test dates....  Yes..................  Subpart ZZZZ contains
                                                                                        performance test dates
                                                                                        at Sec.  Sec.   63.6610,
                                                                                        63.6611, and 63.6612.
Sec.   63.7(a)(3).................  CAA section 114 authority.  Yes..................
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/test      Yes..................  Except that Sec.
                                     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 conducting   Yes..................
                                     performance tests.
Sec.   63.7(e)(2).................  Conduct of performance      Yes..................  Subpart ZZZZ specifies
                                     tests and reduction of                             test methods at Sec.
                                     data.                                              63.6620.
Sec.   63.7(e)(3).................  Test run duration.........  Yes..................
Sec.   63.7(e)(4).................  Administrator may require   Yes..................
                                     other testing under
                                     section 114 of the CAA.
Sec.   63.7(f)....................  Alternative test method     Yes..................
                                     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 contains
                                     monitoring requirements.                           specific requirements
                                                                                        for monitoring at Sec.
                                                                                        63.6625.
Sec.   63.8(a)(2).................  Performance specifications  Yes..................
Sec.   63.8(a)(3).................  [Reserved]................
Sec.   63.8(a)(4).................  Monitoring for control      No...................
                                     devices.
Sec.   63.8(b)(1).................  Monitoring................  Yes..................
Sec.   63.8(b)(2)-(3).............  Multiple effluents and      Yes..................
                                     multiple monitoring
                                     systems.
Sec.   63.8(c)(1).................  Monitoring system           Yes..................
                                     operation and maintenance.
Sec.   63.8(c)(1)(i)..............  Routine and predictable     Yes..................
                                     SSM.
Sec.   63.8(c)(1)(ii).............  SSM not in Startup          Yes..................
                                     Shutdown Malfunction Plan.
Sec.   63.8(c)(1)(iii)............  Compliance with operation   Yes..................
                                     and maintenance
                                     requirements.
Sec.   63.8(c)(2)-(3).............  Monitoring system           Yes..................
                                     installation.

[[Page 9730]]


Sec.   63.8(c)(4).................  Continuous monitoring       Yes..................  Except that subpart ZZZZ
                                     system (CMS) requirements.                         does not require
                                                                                        Continuous Opacity
                                                                                        Monitoring System
                                                                                        (COMS).
Sec.   63.8(c)(5).................  COMS minimum procedures...  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.   63.8(c)(6)-(8).............  CMS requirements..........  Yes..................  Except that subpart ZZZZ
                                                                                        does not require COMS.
Sec.   63.8(d)....................  CMS quality control.......  Yes..................
Sec.   63.8(e)....................  CMS performance evaluation  Yes..................  Except for Sec.
                                                                                        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 monitoring      Yes..................  Except that Sec.
                                     method.                                            63.8(f)(4) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.   63.8(f)(6).................  Alternative to relative     Yes..................  Except that Sec.
                                     accuracy test.                                     63.8(f)(6) only 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 State     Yes..................
                                     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 compliance      Yes..................  Except that Sec.
                                     extension.                                         63.9(c) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.   63.9(d)....................  Notification of special     Yes..................  Except that Sec.
                                     compliance requirements                            63.9(d) only applies as
                                     for new 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 visible     No...................  Subpart ZZZZ does not
                                     emission (VE)/opacity                              contain opacity or VE
                                     test.                                              standards.
Sec.   63.9(g)(1).................  Notification of             Yes..................  Except that Sec.
                                     performance evaluation.                            63.9(g) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.   63.9(g)(2).................  Notification of use of      No...................  Subpart ZZZZ does not
                                     COMS data.                                         contain opacity or VE
                                                                                        standards.
Sec.   63.9(g)(3).................  Notification that           Yes..................  If alternative is in use.
                                     criterion for alternative
                                     to RATA is exceeded.
                                                                                       Except that Sec.
                                                                                        63.9(g) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.   63.9(h)(1)-(6).............  Notification of compliance  Yes..................  Except that notifications
                                     status.                                            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 submittal     Yes..................
                                     deadlines.
Sec.   63.9(j)....................  Change in previous          Yes..................
                                     information.
Sec.   63.10(a)...................  Administrative provisions   Yes..................
                                     for recordkeeping/
                                     reporting.
Sec.   63.10(b)(1)................  Record retention..........  Yes..................
Sec.   63.10(b)(2)(i)-(v).........  Records related to SSM....  Yes..................
Sec.   63.10(b)(2)(vi)-(xi).......  Records...................  Yes..................
Sec.   63.10(b)(2)(xii)...........  Record when under waiver..  Yes..................
Sec.   63.10(b)(2)(xiii)..........  Records when using          Yes..................  For CO standard if using
                                     alternative to RATA.                               RATA alternative.
Sec.   63.10(b)(2)(xiv)...........  Records of supporting       Yes..................
                                     documentation.
Sec.   63.10(b)(3)................  Records of applicability    Yes..................
                                     determination.
Sec.   63.10(c)...................  Additional records for      Yes..................  Except that Sec.
                                     sources using CEMS.                                63.10(c)(2)-(4) and (9)
                                                                                        are reserved.
Sec.   63.10(d)(1)................  General reporting           Yes..................
                                     requirements.
Sec.   63.10(d)(2)................  Report of performance test  Yes..................
                                     results.
Sec.   63.10(d)(3)................  Reporting opacity or VE     No...................  Subpart ZZZZ does not
                                     observations.                                      contain opacity or VE
                                                                                        standards.
Sec.   63.10(d)(4)................  Progress reports..........  Yes..................
Sec.   63.10(d)(5)................  Startup, shutdown, and      Yes..................
                                     malfunction reports.
Sec.   63.10(e)(1) and (2)(i).....  Additional CMS reports....  Yes..................
Sec.   63.10(e)(2)(ii)............  COMS-related report.......  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.   63.10(e)(3)................  Excess emission and         Yes..................  Except that Sec.
                                     parameter exceedances                              63.10(e)(3)(i)(C) is
                                     reports.                                           reserved.
Sec.   63.10(e)(4)................  Reporting COMS data.......  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.   63.10(f)...................  Waiver for recordkeeping/   Yes..................
                                     reporting.

[[Page 9731]]


Sec.   63.11......................  Flares....................  No...................
Sec.   63.12......................  State authority and         Yes..................
                                     delegations.
Sec.   63.13......................  Addresses.................  Yes..................
Sec.   63.14......................  Incorporation by reference  Yes..................
Sec.   63.15......................  Availability of             Yes..................
                                     information.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-4595 Filed 3-4-09; 8:45 am]

BILLING CODE 6560-50-P
