[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Rules and Regulations]
[Pages 48603-48608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17060]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / 
Rules and Regulations  

[[Page 48603]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2008-0708; FRL-5300.3-01-OAR]
RIN 2060-AV76


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is amending the Code 
of Federal Regulations (CFR) to reflect a 2015 court decision regarding 
the National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for Stationary Reciprocating Internal Combustion Engines (RICE) and the 
New Source Performance Standards (NSPS) for Stationary Internal 
Combustion Engines (ICE). The court vacated provisions in the 
regulations specifying that emergency engines could operate for 
emergency demand response or during periods where there is a deviation 
of voltage or frequency. This ministerial rule revises the RICE NESHAP 
and ICE NSPS to conform to the court's decision.

DATES: This final rule is effective on August 10, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2008-0708. All documents in the docket are 
listed in https://www.regulations.gov/. Although listed, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. With the exception of such material, publicly available docket 
materials are available electronically in https://www.regulations.gov/ 
or in hard copy at the EPA Docket Center, Room 3334, WJC West Building, 
1301 Constitution Avenue 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 EPA Docket Center is 
(202) 566-1742. For further information and updates on EPA Docket 
Center services and current status, please visit us online at https://www.epa.gov/dockets/.

FOR FURTHER INFORMATION CONTACT: For questions about this action, 
contact Melanie King, Sector Policies and Programs Division (D243-01), 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2469; and email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Organization of this document. The information in this preamble is 
organized as follows:

I. Why is the EPA issuing this final rule?
II. Background
III. Which provisions are being amended?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. Why is the EPA issuing this final rule?

    This action amends the CFR to reflect the 2015 court decision in 
Delaware Department of Natural Resources and Environmental Control v. 
EPA, 785 F.3d 1 (D.C. Cir. 2015) as amended (July 21, 2015), vacating 
40 CFR 60.4211(f)(2)(ii) and (iii), 60.4243(d)(2)(ii) and (iii), and 
63.6640(f)(2)(ii) and (iii). Section 553 of the Administrative 
Procedure Act, 5 U.S.C. 553(b)(3)(B) provides that, when an agency for 
good cause finds that notice and public procedures are impracticable, 
unnecessary, or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. 
The EPA has determined that there is good cause for amending these 
provisions without prior proposal and opportunity for public procedures 
because the correction of the CFR is a ministerial act to effectuate 
the court order and public notice and comment is unnecessary and would 
serve no useful purpose. Removal of the vacated paragraphs in the RICE 
NESHAP (40 CFR part 63 subpart ZZZZ) at 63.6640(f)(2)(ii) and (iii), 
the Compression Ignition (CI) ICE NSPS (40 CFR part 60 subpart IIII) at 
40 CFR 60.4211(f)(2)(ii) and (iii), and the Spark Ignition (SI) ICE 
NSPS (40 CFR part 60 subpart JJJJ) at 60.4243(d)(2)(ii) and (iii) has 
no legal effect beyond fulfilling the court's vacatur in Delaware v. 
EPA and is ministerial in nature. The court issued the mandate for its 
decision on May 4, 2016, at which point the vacatur became effective.

II. Background

    The RICE NESHAP and ICE NSPS include a subcategory for emergency 
engines and specify that to be classified as an emergency engine, an 
engine must meet certain limitations on its hours of operation in non-
emergency situations. The existing regulations provide that hours of 
operation in non-emergency situations are limited to 100 hours per year 
and only allowed for specific purposes. On January 30, 2013, the EPA 
finalized amendments to the RICE NESHAP and ICE NSPS specifying that 
the non-emergency situations in which emergency engines could be 
operated included (1) for emergency demand response during periods in 
which the Reliability Coordinator under the North American Electric 
Reliability

[[Page 48604]]

Corporation (NERC) Reliability Standard EOP-002-3, Capacity and Energy 
Emergencies, or other authorized entity as determined by the 
Reliability Coordinator, has declared an Energy Emergency Alert Level 2 
as defined in the NERC Reliability Standard EOP- 002-3 and (2) periods 
where there is a deviation of voltage or frequency of 5 percent or 
greater below standard voltage or frequency. 78 FR 6674, January 30, 
2013. The state of Delaware and other industry and environmental groups 
filed petitions seeking judicial review of the provisions specifying 
that emergency engines could operate for emergency demand response and 
during voltage or frequency deviations. In response to these petitions, 
the U.S. Court of Appeals for the District of Columbia Circuit vacated 
those provisions in the RICE NESHAP and ICE NSPS in 2015. The court 
held that the EPA acted arbitrarily and capriciously when it modified 
the RICE NESHAP and ICE NSPS to specify that emergency engines could 
operate for up to 100 hours per year for emergency demand response. The 
court granted the EPA's motion to stay issuance of its mandate until 
May 2016 to allow engine owners to take the necessary measures to bring 
their engines into compliance with the regulations. Upon issuance of 
the court's mandate, the vacated provisions ceased to have any legal 
effect, and engines that were operating for any number of hours per 
year for the circumstances described in the vacated provisions were 
required to cease operation under such circumstances or comply with the 
emission standards and other applicable requirements for non-emergency 
engines. The EPA issued a guidance memorandum explaining the effect of 
the vacatur \1\ and is now amending the RICE NESHAP and ICE NSPS to 
reflect the court decision.
---------------------------------------------------------------------------

    \1\ Guidance on Vacatur of RICE NESHAP and NSPS Provisions for 
Emergency Engines. Peter Tsirigotis, OAQPS to EPA Regional Air 
Enforcement Managers and Regional Air Directors. April 15, 2016. 
https://www.epa.gov/sites/default/files/2016-06/documents/ricevacaturguidance041516.pdf.
---------------------------------------------------------------------------

III. Which provisions are being amended?

    This final rule amends the RICE NESHAP by removing paragraphs 40 
CFR 63.6640(f)(2)(ii) and (iii), the CI ICE NSPS by removing paragraphs 
40 CFR 60.4211(f)(2)(ii) and (iii), and the SI ICE NSPS by removing 
paragraphs 40 CFR 60.4243(d)(2)(ii) and (iii), all of which were 
vacated by the Delaware v. EPA decision. The removal of the vacated 
paragraphs also necessitates revisions to other paragraphs in the ICE 
NSPS and RICE NESHAP that contained references to the vacated 
paragraphs or referenced operation of engines categorized as emergency 
engines for the purpose of emergency demand response, which can no 
longer occur due to the vacatur. A list of these revisions is provided 
below.
     40 CFR 60.4211(f): Remove ``emergency demand response'' 
from the paragraph (f) introductory text and the paragraph (f)(3) 
introductory text since operation for emergency demand response is no 
longer allowed for emergency engines; remove reference to the vacated 
paragraphs (f)(2)(ii) and (iii) from the paragraph (f)(2) introductory 
text.
     40 CFR 60.4214(d): Remove the reference in the paragraph 
(d) introductory text to operating for the purposes specified in the 
vacated paragraphs 40 CFR 60.4211(f)(2)(ii) and (iii); remove 
paragraphs (v) and (vi) which required reporting of operation and 
contractual obligation for the purposes specified in the vacated 
paragraphs.
     40 CFR 60.4219: Revise definition for ``emergency 
stationary internal combustion engine'' to remove reference to the 
vacated paragraphs 40 CFR 60.4211(f)(2)(ii) and (iii) in paragraph (3) 
of the definition.
     40 CFR 60.4243(d): Remove ``emergency demand response'' 
from the paragraph (d) introductory text and the paragraph (d)(3) 
introductory text since operation for emergency demand response is no 
longer allowed for emergency engines; remove reference to the vacated 
paragraphs (d)(2)(ii) and (iii) from the paragraph (d)(2) introductory 
text.
     40 CFR 60.4245(e): Remove the reference in the paragraph 
(e) introductory text to operating for the purposes specified in the 
vacated paragraphs 40 CFR 60.4243(d)(2)(ii) and (iii); remove 
paragraphs (v) and (vi) which required reporting of operation and 
contractual obligation for the purposes specified in the vacated 
paragraphs.
     40 CFR 60.4248: Revise definition for ``emergency 
stationary internal combustion engine'' to remove reference to the 
vacated paragraphs 40 CFR 60.4243(d)(2)(ii) and (iii) in paragraph (3) 
of the definition.
     40 CFR 63.6585: Remove reference to operation and 
contractual obligation for the purposes specified in the vacated 
paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii).
     40 CFR 63.6590: Remove references in paragraphs (b)(1)(i) 
and (b)(3)(iii) to operation and contractual obligation for the 
purposes specified in the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) 
and (iii).
     40 CFR 63.6604: Remove reference in paragraph (b) to 
operation and contractual obligation for the purposes specified in the 
vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii); remove paragraph 
(c) since it only applied to an emergency engine that operates or is 
contractually obligated to be available for the purposes specified in 
the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii) and there 
would no longer be any emergency engines meeting that criteria since 
operation for those purposes is no longer allowed for emergency 
engines.
     40 CFR 63.6640: Remove ``emergency demand response'' from 
the paragraph (f) introductory text, the paragraph (f)(3) introductory 
text, and the paragraph (f)(4) introductory text since operation for 
emergency demand response is no longer allowed for emergency engines; 
remove reference to the vacated paragraphs (f)(2)(ii) and (iii) from 
the paragraph (f)(2) introductory text.
     40 CFR 63.6650: Remove the reference in the paragraph (h) 
introductory text to operating for the purposes specified in the 
vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii); remove 
paragraphs (v) and (vi) which required reporting of operation and 
contractual obligation for the purposes specified in the vacated 
paragraphs.
     40 CFR 63.6655: Remove reference in paragraph (f) to the 
vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii).
     40 CFR 63.6675: Revise definition for ``emergency 
stationary RICE'' to remove reference to the vacated paragraphs 40 CFR 
63.6640(f)(2)(ii) and (iii) in paragraph (3) of the definition.
     Table 7 to subpart ZZZZ: Remove reference in item 4 to 
operating for the purposes specified in the vacated paragraphs 40 CFR 
63.6640(f)(2)(ii) and (iii).
    As explained above, removal of these provisions corrects the CFR to 
conform to the court's decision in Delaware v. EPA and is ministerial 
in nature and neither imposes or removes any new requirements.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

[[Page 48605]]

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, EPA concludes that the impact of concern for 
this rule is any significant adverse economic impact on small entities 
and that the agency is certifying that this rule will not have a 
significant economic impact on a substantial number of small entities 
because the rule has no net burden on the small entities subject to the 
rule. This action is ministerial in nature as it codifies a court-
issued mandate vacating regulatory provisions. We have therefore 
concluded that this action will have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538. The action imposes no enforceable duty on any 
state, local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have Tribal implications as specified in 
Executive Order 13175. This action presents no additional burden on 
implementing authorities beyond existing requirements. Thus, Executive 
Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is 
ministerial in nature as it codifies a court issued mandate vacating 
regulatory provisions and does not have any impact on human health or 
the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and comment rulemaking procedures are 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 808(2)). The EPA has made a good cause finding for this rule in 
section I of this preamble, including the basis for that finding.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, 40 CFR parts 60 and 63 
are amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq. 42 U.S.C. 7401-7601.

Subpart IIII--Standards of Performance for Stationary Compression 
Ignition Internal Combustion Engines

0
2. In Sec.  60.4211:
0
a. Revise paragraphs (f) introductory text and (f)(2) introductory 
text;
0
b. Remove and reserve paragraphs (f)(2)(ii) and (iii); and
0
c. Revise paragraph (f)(3) introductory text.
    The revisions read as follows:


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

* * * * *
    (f) If you own or operate an emergency stationary ICE, you must 
operate the emergency stationary ICE according to the requirements in 
paragraphs (f)(1) through (3) of this section. In order for the engine 
to be considered an emergency stationary ICE under this subpart, any 
operation other than emergency operation, maintenance and testing, and 
operation in non-emergency situations for 50 hours per year, as 
described in paragraphs (f)(1) through (3), is prohibited. If you do 
not operate the engine according to the requirements in paragraphs 
(f)(1) through (3), the engine will not be considered an emergency 
engine under this subpart and must meet all requirements for non-
emergency engines.
* * * * *
    (2) You may operate your emergency stationary ICE for the purpose 
specified in paragraph (f)(2)(i) of this section for a maximum of 100 
hours per calendar year. Any operation for non-emergency situations as 
allowed by paragraph (f)(3) of this section counts as part of the 100

[[Page 48606]]

hours per calendar year allowed by this paragraph (f)(2).
* * * * *
    (3) Emergency stationary ICE may be operated for up to 50 hours per 
calendar year in non-emergency situations. The 50 hours of operation in 
non-emergency situations are counted as part of the 100 hours per 
calendar year for maintenance and testing provided in paragraph (f)(2) 
of this section. Except as provided in paragraph (f)(3)(i) of this 
section, the 50 hours per calendar year for non-emergency situations 
cannot be used for peak shaving or non-emergency demand response, or to 
generate income for a facility to an electric grid or otherwise supply 
power as part of a financial arrangement with another entity.
* * * * *

0
3. Section 60.4214 is amended by revising paragraph (d) introductory 
text and removing and reserving paragraphs (d)(1)(v) and (vi).
    The revision reads as follows:


Sec.  60.4214   What are my notification, reporting, and recordkeeping 
requirements if I am an owner or operator of a stationary CI internal 
combustion engine?

* * * * *
    (d) If you own or operate an emergency stationary CI ICE with a 
maximum engine power more than 100 HP that operates for the purpose 
specified in Sec.  60.4211(f)(3)(i), you must submit an annual report 
according to the requirements in paragraphs (d)(1) through (3) of this 
section.
* * * * *

0
4. Section 60.4219 is amended by revising the definition ``Emergency 
stationary internal combustion engine'' to read as follows:


Sec.  60.4219   What definitions apply to this subpart?

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

Subpart JJJJ--Standards of Performance for Stationary Spark 
Ignition Internal Combustion Engines

0
5. In Sec.  60.4243:
0
a. Revise paragraphs (d) introductory text and (d)(2) introductory 
text;
0
b. Remove and reserve paragraphs (d)(2)(ii) and (iii); and
0
c. Revise paragraph (d)(3) introductory text.
    The revisions read as follows:


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

* * * * *
    (d) If you own or operate an emergency stationary ICE, you must 
operate the emergency stationary ICE according to the requirements in 
paragraphs (d)(1) through (3) of this section. In order for the engine 
to be considered an emergency stationary ICE under this subpart, any 
operation other than emergency operation, maintenance and testing, and 
operation in non-emergency situations for 50 hours per year, as 
described in paragraphs (d)(1) through (3), is prohibited. If you do 
not operate the engine according to the requirements in paragraphs 
(d)(1) through (3), the engine will not be considered an emergency 
engine under this subpart and must meet all requirements for non-
emergency engines.
* * * * *
    (2) You may operate your emergency stationary ICE for the purpose 
specified in paragraph (d)(2)(i) of this section for a maximum of 100 
hours per calendar year. Any operation for non-emergency situations as 
allowed by paragraph (d)(3) of this section counts as part of the 100 
hours per calendar year allowed by this paragraph (d)(2).
* * * * *
    (3) Emergency stationary ICE may be operated for up to 50 hours per 
calendar year in non-emergency situations. The 50 hours of operation in 
non-emergency situations are counted as part of the 100 hours per 
calendar year for maintenance and testing provided in paragraph (d)(2) 
of this section. Except as provided in paragraph (d)(3)(i) of this 
section, the 50 hours per year for non-emergency situations cannot be 
used for peak shaving or non-emergency demand response, or to generate 
income for a facility to an electric grid or otherwise supply power as 
part of a financial arrangement with another entity.
* * * * *

0
6. Section 60.4245 is amended by revising paragraph (e) introductory 
text and removing and reserving paragraphs (e)(1)(v) and (vi).
    The revision reads as follows:


Sec.  60.4245   What are my notification, reporting, and recordkeeping 
requirements if I am an owner or operator of a stationary SI internal 
combustion engine?

* * * * *
    (e) If you own or operate an emergency stationary SI ICE with a 
maximum engine power more than 100 HP that operates for the purpose 
specified in Sec.  60.4243(d)(3)(i), you must submit an annual report 
according to the requirements in paragraphs (e)(1) through (3) of this 
section.
* * * * *

0
7. Section 60.4248 is amended by revising the definition ``Emergency 
stationary internal combustion engine'' to read as follows:


Sec.  60.4248   What definitions apply to this subpart?

* * * * *
    Emergency stationary internal combustion engine means any 
stationary reciprocating internal combustion engine that meets all of 
the criteria in paragraphs (1) through (3) of this definition. All 
emergency stationary ICE must comply with the requirements specified in 
Sec.  60.4243(d) in order to be considered emergency stationary ICE. If 
the engine does not comply with the requirements specified in Sec.  
60.4243(d), then it is not considered to be an emergency stationary ICE 
under this subpart.
    (1) The stationary ICE is operated to provide electrical power or 
mechanical work during an emergency situation. Examples include 
stationary ICE used to produce power for critical networks or equipment 
(including power supplied to portions of a facility) when electric 
power from the local utility (or the normal power source, if the 
facility runs on its own power production) is

[[Page 48607]]

interrupted, or stationary ICE used to pump water in the case of fire 
or flood, etc.
    (2) The stationary ICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec.  60.4243(d).
    (3) The stationary ICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec.  60.4243(d)(3)(i).
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart ZZZZ--National Emission Standards for Hazardous Air 
Pollutants for Stationary Reciprocating Internal Combustion Engines

0
9. Section 63.6585 is amended by revising paragraphs (f)(1) through (3) 
to read as follows:


Sec.  63.6585   Am I subject to this subpart?

* * * * *
    (f) * * *
    (1) Existing residential emergency stationary RICE located at an 
area source of HAP emissions that do not operate for the purpose 
specified in Sec.  63.6640(f)(4)(ii).
    (2) Existing commercial emergency stationary RICE located at an 
area source of HAP emissions that do not operate for the purpose 
specified in Sec.  63.6640(f)(4)(ii).
    (3) Existing institutional emergency stationary RICE located at an 
area source of HAP emissions that do not operate for the purpose 
specified in Sec.  63.6640(f)(4)(ii).

0
10. Section 63.6590 is amended by revising paragraphs (b)(1)(i) and 
(b)(3)(iii) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (i) The stationary RICE is a new or reconstructed emergency 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions.
* * * * *
    (3) * * *
    (iii) Existing emergency stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions.
* * * * *

0
11. Section 63.6604 is amended by revising paragraph (b) and removing 
and reserving paragraph (c).
    The revision reads as follows:


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

* * * * *
    (b) Beginning January 1, 2015, if you own or operate an existing 
emergency CI stationary RICE with a site rating of more than 100 brake 
HP and a displacement of less than 30 liters per cylinder that uses 
diesel fuel and operates for the purpose specified in Sec.  
63.6640(f)(4)(ii), you must use diesel fuel that meets the requirements 
in 40 CFR 1090.305 for nonroad diesel fuel, except that any existing 
diesel fuel purchased (or otherwise obtained) prior to January 1, 2015, 
may be used until depleted.
* * * * *

0
12. In Sec.  63.6640:
0
a. Revise paragraphs (f) introductory text and (f)(2) introductory 
text;
0
c. Remove and reserve paragraphs (f)(2)(ii) and (iii); and
0
d. Revise paragraph (f)(3) and paragraph (f)(4) introductory text.
    The revisions read as follows:


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

* * * * *
    (f) If you own or operate an emergency stationary RICE, you must 
operate the emergency stationary RICE according to the requirements in 
paragraphs (f)(1) through (4) of this section. In order for the engine 
to be considered an emergency stationary RICE under this subpart, any 
operation other than emergency operation, maintenance and testing, and 
operation in non-emergency situations for 50 hours per year, as 
described in paragraphs (f)(1) through (4), is prohibited. If you do 
not operate the engine according to the requirements in paragraphs 
(f)(1) through (4), the engine will not be considered an emergency 
engine under this subpart and must meet all requirements for non-
emergency engines.
* * * * *
    (2) You may operate your emergency stationary RICE for the purpose 
specified in paragraph (f)(2)(i) of this section for a maximum of 100 
hours per calendar year. Any operation for non-emergency situations as 
allowed by paragraphs (f)(3) and (4) of this section counts as part of 
the 100 hours per calendar year allowed by this paragraph (f)(2).
* * * * *
    (3) Emergency stationary RICE located at major sources of HAP may 
be operated for up to 50 hours per calendar year in non-emergency 
situations. The 50 hours of operation in non-emergency situations are 
counted as part of the 100 hours per calendar year for maintenance and 
testing provided in paragraph (f)(2) of this section. The 50 hours per 
year for non-emergency situations cannot be used for peak shaving or 
non-emergency demand response, or to generate income for a facility to 
supply power to an electric grid or otherwise supply power as part of a 
financial arrangement with another entity.
    (4) Emergency stationary RICE located at area sources of HAP may be 
operated for up to 50 hours per calendar year in non-emergency 
situations. The 50 hours of operation in non-emergency situations are 
counted as part of the 100 hours per calendar year for maintenance and 
testing provided in paragraph (f)(2) of this section. Except as 
provided in paragraphs (f)(4)(i) and (ii) of this section, the 50 hours 
per year for non-emergency situations cannot be used for peak shaving 
or non-emergency demand response, or to generate income for a facility 
to an electric grid or otherwise supply power as part of a financial 
arrangement with another entity.
* * * * *

0
13. Section 63.6650 is amended by revising paragraph (h) introductory 
text and removing and reserving paragraphs (h)(1)(v) and (vi).
    The revision reads as follows:


Sec.  63.6650   What reports must I submit and when?

* * * * *
    (h) If you own or operate an emergency stationary RICE with a site 
rating of more than 100 brake HP that operates for the purpose 
specified in Sec.  63.6640(f)(4)(ii), you must submit an annual report 
according to the requirements in paragraphs (h)(1) through (3) of this 
section.
* * * * *

0
14. Section 63.6655 is amended by revising paragraph (f) introductory 
text to read as follows:


Sec.  63.6655   What records must I keep?

* * * * *
    (f) If you own or operate any of the stationary RICE in paragraphs 
(f)(1) through (2) of this section, you must keep records of the hours 
of operation of the engine that is recorded through the non-resettable 
hour meter. The

[[Page 48608]]

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. If the engine is used 
for the purpose specified in Sec.  63.6640(f)(4)(ii), the owner or 
operator must keep records of the notification of the emergency 
situation, and the date, start time, and end time of engine operation 
for these purposes.
* * * * *

0
15. Section 63.6675 is amended by revising the definition ``Emergency 
stationary RICE'' to read as follows:


Sec.  63.6675   What definitions apply to this subpart?

* * * * *
    Emergency stationary RICE means any stationary reciprocating 
internal combustion engine that meets all of the criteria in paragraphs 
(1) through (3) of this definition. All emergency stationary RICE must 
comply with the requirements specified in Sec.  63.6640(f) in order to 
be considered emergency stationary RICE. If the engine does not comply 
with the requirements specified in Sec.  63.6640(f), then it is not 
considered to be an emergency stationary RICE under this subpart.
    (1) The stationary RICE is operated to provide electrical power or 
mechanical work during an emergency situation. Examples include 
stationary RICE used to produce power for critical networks or 
equipment (including power supplied to portions of a facility) when 
electric power from the local utility (or the normal power source, if 
the facility runs on its own power production) is interrupted, or 
stationary RICE used to pump water in the case of fire or flood, etc.
    (2) The stationary RICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec.  63.6640(f).
    (3) The stationary RICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec.  63.6640(f)(4)(i) or (ii).
* * * * *

0
16. Table 7 to subpart ZZZZ of part 63 is revised to read as follows:

Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports

    As stated in Sec.  63.6650, you must comply with the following 
requirements for reports:

----------------------------------------------------------------------------------------------------------------
                                                                        The report must      You must submit the
          For each . . .               You must submit a . . .           contain . . .          report . . .
----------------------------------------------------------------------------------------------------------------
1. Existing non-emergency, non-    Compliance report..............  a. If there are no      i. Semiannually
 black start stationary RICE                                         deviations from any     according to the
 100<=HP<=500 located at a major                                     emission limitations    requirements in
 source of HAP; existing non-                                        or operating            Sec.
 emergency, non-black start                                          limitations that        63.6650(b)(1)-(5)
 stationary CI RICE >500 HP                                          apply to you, a         for engines that
 located at a major source of                                        statement that there    are not limited use
 HAP; existing non-emergency 4SRB                                    were no deviations      stationary RICE
 stationary RICE >500 HP located                                     from the emission       subject to
 at a major source of HAP;                                           limitations or          numerical emission
 existing non-emergency, non-                                        operating limitations   limitations; and
 black start stationary CI RICE                                      during the reporting   ii. Annually
 >300 HP located at an area                                          period. If there were   according to the
 source of HAP; new or                                               no periods during       requirements in
 reconstructed non-emergency                                         which the CMS,          Sec.
 stationary RICE >500 HP located                                     including CEMS and      63.6650(b)(6)-(9)
 at a major source of HAP; and                                       CPMS, was out-of-       for engines that
 new or reconstructed non-                                           control, as specified   are limited use
 emergency 4SLB stationary RICE                                      in Sec.   63.8(c)(7),   stationary RICE
 250<=HP<=500 located at a major                                     a statement that        subject to
 source of HAP.                                                      there were not          numerical emission
                                                                     periods during which    limitations.
                                                                     the CMS was out-of-
                                                                     control during the
                                                                     reporting period; or
                                                                    b. If you had a         i. Semiannually
                                                                     deviation from any      according to the
                                                                     emission limitation     requirements in
                                                                     or operating            Sec.   63.6650(b).
                                                                     limitation during the
                                                                     reporting period, the
                                                                     information in Sec.
                                                                     63.6650(d). If there
                                                                     were periods during
                                                                     which the CMS,
                                                                     including CEMS and
                                                                     CPMS, was out-of-
                                                                     control, as specified
                                                                     in Sec.   63.8(c)(7),
                                                                     the information in
                                                                     Sec.   63.6650(e); or
                                                                    c. If you had a         i. Semiannually
                                                                     malfunction during      according to the
                                                                     the reporting period,   requirements in
                                                                     the information in      Sec.   63.6650(b).
                                                                     Sec.   63.6650(c)(4)
2. New or reconstructed non-       Report.........................  a. The fuel flow rate   i. Annually,
 emergency stationary RICE that                                      of each fuel and the    according to the
 combusts landfill gas or                                            heating values that     requirements in
 digester gas equivalent to 10                                       were used in your       Sec.   63.6650.
 percent or more of the gross                                        calculations, and you
 heat input on an annual basis.                                      must demonstrate that
                                                                     the percentage of
                                                                     heat input provided
                                                                     by landfill gas or
                                                                     digester gas, is
                                                                     equivalent to 10
                                                                     percent or more of
                                                                     the gross heat input
                                                                     on an annual basis;
                                                                     and
                                                                    b. The operating        i. See item 2.a.i.
                                                                     limits provided in
                                                                     your federally
                                                                     enforceable permit,
                                                                     and any deviations
                                                                     from these limits;
                                                                     and
                                                                    c. Any problems or      i. See item 2.a.i.
                                                                     errors suspected with
                                                                     the meters.
3. Existing non-emergency, non-    Compliance report..............  a. The results of the   i. Semiannually
 black start 4SLB and 4SRB                                           annual compliance       according to the
 stationary RICE >500 HP located                                     demonstration, if       requirements in
 at an area source of HAP that                                       conducted during the    Sec.
 are not remote stationary RICE                                      reporting period.       63.6650(b)(1)-(5).
 and that operate more than 24
 hours per calendar year.
4. Emergency stationary RICE that  Report.........................  a. The information in   i. annually
 operate for the purposes                                            Sec.   63.6650(h)(1).   according to the
 specified in Sec.                                                                           requirements in
 63.6640(f)(4)(ii).                                                                          Sec.
                                                                                             63.6650(h)(2)-(3).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-17060 Filed 8-9-22; 8:45 am]
BILLING CODE 6560-50-P


