[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12863-12873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5196]
[[Page 12863]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0708, FRL-9277-3]
RIN 2060-AQ78
National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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SUMMARY: EPA is taking direct final action to promulgate amendments to
a final rule that provided national emission standards for hazardous
air pollutants for existing stationary spark ignition reciprocating
internal combustion engines. The final rule was published on August 20,
2010. This direct final action amends certain regulatory text to
clarify compliance requirements related to continuous parameter
monitoring systems. EPA is also correcting minor typographical errors
in the regulatory text to the August 20, 2010, action.
DATES: The direct final rule is effective on May 9, 2011, without
further notice, unless EPA receives significant adverse written comment
by April 8, 2011 on any portion of this rule, or if a public hearing is
requested by March 16, 2011. If significant adverse comments are
received on any or all of the amendments, EPA will publish a timely
withdrawal in the Federal Register clarifying which provisions will
become effective and which provisions are being withdrawn due to
adverse comment.
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: [email protected].
Fax: (202) 566-9744.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), National Emission Standards for Hazardous Air Pollutant
for Stationary Reciprocating Internal Combustion Engines Docket, Docket
ID No. EPA-HQ-OAR-2008-0708, 1200 Pennsylvania Ave., NW., Washington,
DC 20460. Please include a total of two copies. 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: In person or by courier, deliver comments
to: EPA Docket Center (6102T), National Emission Standards for
Hazardous Air Pollutant for Stationary Reciprocating Internal
Combustion Engines Docket, Docket ID No. EPA-HQ-OAR-2008-0708, EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies.
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 online 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.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. EPA also relies on documents in Docket ID
Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, and EPA-HQ-OAR-2005-
0030, and incorporated those dockets into the record for this action.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA West, Room 3334, 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 Docket
Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number (919) 541-2469; facsimile number (919) 541-5450; e-
mail address [email protected].
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in the preamble.
I. What is the background for the amendments?
II. What are the changes to the final rule?
III. 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
K. Congressional Review Act
I. What is the background for the amendments?
On August 20, 2010 (75 FR 51570), EPA issued final amendments to
the National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Stationary Reciprocating Internal Combustion Engines (RICE). EPA
has subsequently determined, following discussions with affected
parties, that the final rule warrants clarification in certain areas.
First, certain portions of
[[Page 12864]]
the operation and maintenance requirements for continuous parameter
monitoring systems (CPMS) are unclear. Second, sources asked for
guidance regarding the requirement to conduct a temperature measurement
calibration check. Finally, EPA is correcting an inadvertent error in
the definition for ``spark ignition.'' This action makes these
clarifications and corrects these errors.
EPA is issuing the amendments as a direct final rule, without a
prior proposal, because we view the revisions as noncontroversial and
anticipate no adverse comment. However, in the Proposed Rules section
of this Federal Register notice, EPA is publishing a separate document
that will serve as the proposal to amend the RICE NESHAP if significant
adverse comments are filed. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. EPA would address all public comments in any subsequent
final rule based on the proposed rule.
II. What are the changes to the final rule?
This direct final rule clarifies the provisions related to the data
collection requirements for CPMS. After promulgation of the August 20,
2010, final rule, affected sources indicated that the CPMS operation,
maintenance, and data collection requirements in 40 CFR 63.6625(b) were
unclear. In particular, sources were not clear about the intent of the
requirements for minimum availability of data. This action clarifies
those requirements. It specifies that the requirement to monitor
operating parameters on a continuous basis applies at all times the
process is operating, except for periods of monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
and required monitoring system quality assurance or quality control
activities. This direct final rule also corrects an inadvertent error
in the averaging time for the operating parameter data. Paragraph 40
CFR 63.6625(b)(4) required sources to determine a 3-hour block average
of the parameter, which was not consistent with the requirements in
Table 6 of 40 CFR part 63, subpart ZZZZ to determine a 4-hour rolling
average. This action clarifies that sources should determine the 4-hour
rolling average as specified in Table 6 to 40 CFR part 63, subpart ZZZZ
and removes the reference to a 3-hour block average in 40 CFR
63.6625(b). The operating parameter data should be reduced to 1-hour
averages, and the 4-hour rolling average should be determined using the
rolling average of the four hourly averages.
Affected sources were also unclear regarding the requirement in 40
CFR 63.6625(k)(4) to conduct a temperature measurement calibration
check at least every 3 months, and asked EPA for guidance on
appropriate methods for conducting the calibration check. More
specifically, sources struggled with the intention of the term
``calibration check,'' wondering whether classical techniques such as
the use of ice and boiling water baths would be the sole acceptable
means of demonstrating a ``calibration check.'' In addition, sources
wondered whether just the sensor or the entire system should be subject
to a ``calibration check.'' This action replaces the term ``calibration
check'' with ``system accuracy audit'' to better reflect EPA's intent.
EPA recognizes that there are many ways for a source to demonstrate
that its measurement system--as opposed to individual sensors--are
producing and should be expected to continue producing valid data, and
EPA affords sources the ability to tailor their monitoring plans to
accommodate their system accuracy audit preferences. System accuracy
audit techniques could include, but are not limited to, the use of
redundant sensors or the use of a reference temperature gauge inserted
in a thermal well co-located with the CPMS sensor. In both of the
examples given above, each sensor would provide an assessment of the
other's operation as demonstrated through a comparison of their
individual values, and, when coupled with the other parts of a system
accuracy audit and approved by EPA, could fulfill the rule
requirements. Affected sources also indicated that the requirement to
conduct quarterly checks of the temperature measurement device was
unreasonable because engines may be located in remote locations that
could be difficult for personnel trained in the equipment performance
check procedures to reach on a quarterly basis. EPA recognizes that for
these sources, the requirement to conduct quarterly checks may be too
burdensome given the remote location of the engines, and has determined
that annual checks of the temperature measurement device equipment are
acceptable for stationary engines to ensure the equipment is producing
valid data. EPA therefore is amending the requirement to specify that
the temperature measurement device checks must be performed on an
annual basis rather than quarterly.
The August 20, 2010, final amendments specified that the engine
owner/operator must develop and submit for approval a site-specific
monitoring plan for each CPMS. The monitoring plan must address
elements of monitoring system design, performance, and data quality
assurance and quality control consistent with the general provisions in
part 63 and requirements of 40 CFR part 63, subpart ZZZZ. EPA notes
that 40 CFR 63.8(f)(4) of the General Provisions allows the source to
use the monitoring plan development and approval process to propose and
apply alternatives to CPMS quality assurance and quality control
requirements identified in the rule.
Affected sources also indicated that there was insufficient time
for sources that were already subject to 40 CFR part 63 subpart ZZZZ to
comply with the CPMS operation and maintenance requirements established
in the August 20, 2010, final rule. EPA agrees that it is appropriate
to provide a period of lead time for sources that would have been
immediately affected by the new specifications for CPMS operation and
maintenance. EPA is therefore amending the final rule to provide an
additional 180 days before sources must comply with the CPMS operation
and maintenance procedures in 40 CFR 63.6625(b).
This action also corrects an inadvertent error in 40 CFR
63.6603(a), which should have referenced Table 1b to 40 CFR part 63,
subpart ZZZZ in addition to Table 2b. Table 1b includes the operating
limitation requirements for existing stationary spark ignition four-
stroke rich burn engines greater than 500 horsepower (HP) located at
area sources of hazardous air pollutants. The introductory text to
Tables 1b and 2b should also have contained a reference to 40 CFR
63.6603, and this action corrects that inadvertent error. This action
also corrects an inadvertent error in Table 1b to 40 CFR part 63,
subpart ZZZZ. The last line of Item 2 in Table 6 should have read ``* *
* and not using NSCR,'' and this action corrects that inadvertent
error.
This action also clarifies the initial compliance requirements in
Table 5 to 40 CFR part 63, subpart ZZZZ. The table as finalized did not
clearly indicate the initial compliance requirements for existing non-
emergency stationary engines larger than 500 HP complying with the
option to limit the concentration of carbon monoxide (CO) or
formaldehyde. The requirements were only shown for existing non-
emergency stationary engines larger than 500 HP complying with the
option to meet a percent reduction requirement for CO or formaldehyde.
The requirements for those engines meeting a concentration limit are
the same as those meeting a percent reduction limit,
[[Page 12865]]
except that for those engines meeting a concentration limit, emissions
are not required to be measured at the inlet of the emission control
device as well as the outlet. This action also corrects an inadvertent
error in Table 6 to 40 CFR part 63, subpart ZZZZ. Item 13.a. in Table 6
should have read ``* * * and not using an oxidation catalyst or NSCR,''
and this action corrects that inadvertent error.
Finally, this action corrects the definition for ``Spark
ignition.'' The word ``with'' was inadvertently omitted from the
definition, and EPA is amending the definition to insert ``with''
immediately following the phrase ``A gasoline-fueled engine; or any
other type of engine. * * *''
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ``significant regulatory
action'' and is, therefore, not subject to review by the Office of
Management and Budget (OMB). This action is a clarification of and
correction to certain text in the final rule and is not a ``major
rule'' as defined by 5 U.S.C. 804(2). However, the final rule
promulgated on August 20, 2010, was reviewed by OMB.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action adds clarifications and corrections to the final standards.
However, OMB has previously approved the information collection
requirements contained in the existing regulation under the provisions
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2060-0548. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impact of this rule on small
entities, small entity is defined as: (1) A small business as defined
by Small Business Administration (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.
After considering the economic impact of this direct final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small because it does not
add any additional regulatory requirements because this action only
clarifies the existing compliance requirements and corrects
typographical errors.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (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. Federal agencies must also
develop a plan to provide notice to small governments that might be
significantly or uniquely affected by any regulatory requirements. The
plan must enable officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates and must
inform, educate, and advise small governments on compliance with the
regulatory requirements.
This direct final rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year. Thus, this final rule is not subject to the requirements of
section 202 and 205 of the UMRA.
This final action is also not subject to the requirements of
section 203 of the UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small governments. This
final action contains no requirements that apply to such governments,
imposes no obligations upon them, and will not result in expenditures
by them of $100 million or more in any one year or any disproportionate
impacts on them.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is 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 direct final rule does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. None of the affected
facilities are owned or operated by State governments. Thus, Executive
Order 13132 does not apply to these final rules.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Subject to the Executive Order 13175 (65 FR 67249, November 9,
2000) EPA may not issue a regulation that has tribal implications, that
imposes substantial direct compliance costs, and that is not required
by statute, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by tribal governments, or
EPA consults with tribal officials early in the process of developing
the regulation and develops a tribal summary impact statement.
This direct final 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.
The final rule imposes no new requirements on the one tribally owned
facility. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive
[[Page 12866]]
Order 13045 because it is based solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS.
This action does not involve changes to the technical standards
related to test methods or monitoring methods; thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272) do not apply.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629) (February 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.
The direct final rule does not involve special consideration of
environmental justice-related issues as required by Executive Order
12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994),
because it does not change any regulatory requirements. This action
merely corrects and clarifies existing requirements.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This action is effective May 9, 2011.
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: March 1, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart ZZZZ--[Amended]
0
2. Section 63.6603 is amended by revising paragraph (a) 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?
* * * * *
(a) 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 Table 1b and
Table 2b to this subpart that apply to you.
* * * * *
0
3. Section 63.6625 is amended by revising paragraph (b) and removing
paragraph (k) to read as follows:
Sec. 63.6625 What are my monitoring, installation, collection,
operation, and maintenance requirements?
* * * * *
(b) If you are required to install a continuous parameter
monitoring system (CPMS) as specified in Table 5 of this subpart, you
must install, operate, and maintain each CPMS according to the
requirements in paragraphs (b)(1) through (5) of this section. For an
affected source that is complying with the emission limitations and
operating limitations on March 9, 2011, the requirements in paragraph
(b) of this section are applicable September 6, 2011.
(1) You must prepare a site-specific monitoring plan that addresses
the monitoring system design, data collection, and the quality
assurance and quality control elements outlined in paragraphs (b)(1)(i)
through (v) of this section and in Sec. 63.8(d). As specified in Sec.
63.8(f)(4), you may request approval of monitoring system quality
assurance and quality control procedures alternative to those specified
in paragraphs (b)(1) through (5) of this section in your site-specific
monitoring plan.
(i) The performance criteria and design specifications for the
monitoring system equipment, including the sample interface, detector
signal analyzer, and data acquisition and calculations;
(ii) Sampling interface (e.g., thermocouple) location such that the
monitoring system will provide representative measurements;
(iii) Equipment performance evaluations, system accuracy audits, or
other audit procedures;
(iv) Ongoing operation and maintenance procedures in accordance
with provisions in Sec. 63.8(c)(1) and (c)(3); and
(v) Ongoing reporting and recordkeeping procedures in accordance
with provisions in Sec. 63.10(c), (e)(1), and (e)(2)(i).
(2) You must install, operate, and maintain each CPMS in continuous
operation according to the procedures in your site-specific monitoring
plan.
(3) The CPMS must collect data at least once every 15 minutes (see
also Sec. 63.6635).
(4) For a CPMS for measuring temperature range, the temperature
sensor must have a minimum tolerance of 2.8 degrees Celsius (5 degrees
Fahrenheit) or 1 percent of the measurement range, whichever is larger.
(5) You must conduct the CPMS equipment performance evaluation,
system accuracy audits, or other audit procedures specified in your
site-
[[Page 12867]]
specific monitoring plan at least annually.
(6) You must conduct a performance evaluation of each CPMS in
accordance with your site-specific monitoring plan.
* * * * *
0
4. Section 63.6635 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 63.6635 How do I monitor and collect data to demonstrate
continuous compliance?
* * * * *
(b) Except for monitor malfunctions, associated repairs, required
performance evaluations, and required quality assurance or control
activities, you must monitor continuously at all times that the
stationary RICE is operating. A monitoring malfunction is any sudden,
infrequent, not reasonably preventable failure of the monitoring to
provide valid data. Monitoring failures that are caused in part by poor
maintenance or careless operation are not malfunctions.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, and required quality assurance or control
activities in data averages and calculations used to report emission or
operating levels. You must, however, use all the valid data collected
during all other periods.
0
5. Section 63.6675 is amended by revising the definition of Spark
ignition to read as follows:
Sec. 63.6635 What definitions apply to this subpart?
* * * * *
Spark ignition means relating to either: A gasoline-fueled engine;
or any other type of engine with a spark plug (or other sparking
device) and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation. Dual-fuel engines in which a liquid fuel (typically diesel
fuel) is used for CI and gaseous fuel (typically natural gas) is used
as the primary fuel at an annual average ratio of less than 2 parts
diesel fuel to 100 parts total fuel on an energy equivalent basis are
spark ignition engines.
* * * * *
0
6. 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 Spark
Ignition 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 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 that operate more than 24
hours per calendar year:
------------------------------------------------------------------------
You must meet the following
For each . . . operating limitation . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with the a. Maintain your catalyst so
requirement to reduce formaldehyde that the pressure drop
emissions by 76 percent or more (or by 75 across the catalyst does
percent or more, if applicable) and using not change by more than 2
NSCR; or inches of water at 100
4SRB stationary RICE complying with the percent load plus or minus
requirement to limit the concentration of 10 percent from the
formaldehyde in the stationary RICE pressure drop across the
exhaust to 350 ppbvd or less at 15 catalyst measured during
percent O2 and using NSCR; or the initial performance
4SRB stationary RICE complying with the test; and
requirement to limit the concentration of b. Maintain the temperature
formaldehyde in the stationary RICE of your stationary RICE
exhaust to 2.7 ppmvd or less at 15 exhaust so that the
percent O2 and using NSCR. catalyst inlet temperature
is greater than or equal to
750 [deg]F and less than or
equal to 1250 [deg]F.
2. 4SRB stationary RICE complying with the Comply with any operating
requirement to reduce formaldehyde limitations approved by the
emissions by 76 percent or more (or by 75 Administrator.
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
4SRB stationary RICE complying with the
requirement to limit the concentration of
formaldehyde in the stationary RICE
exhaust to 2.7 ppmvd or less at 15
percent O2 and not using NSCR.
------------------------------------------------------------------------
0
7. Table 2b to Subpart ZZZZ of Part 63 introductory text 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
Located at a Major Source of HAP Emissions, New and Reconstructed 4SLB
Stationary RICE >=250 HP Located at a Major Source of HAP Emissions,
Existing Compression Ignition Stationary RICE >500 HP, and Existing
4SLB Stationary RICE >500 HP Located at an Area Source of HAP Emissions
As stated in Sec. Sec. 63.6600, 63.6601, 63.6603, 63.6630, and
63.6640, you must comply with the following operating limitations for
new and reconstructed 2SLB and compression ignition stationary RICE
located at a major source of HAP emissions; new and reconstructed 4SLB
stationary RICE >=250 HP located at a major source of HAP emissions;
existing compression ignition stationary RICE >500 HP; and existing
4SLB stationary RICE >500 HP located at an area source of HAP emissions
that operate more than 24 hours per calendar year:
* * * * *
0
8. 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:
[[Page 12868]]
------------------------------------------------------------------------
You have
For each . . . Complying with the demonstrated initial
requirement to . . . compliance if . . .
------------------------------------------------------------------------
1. New or reconstructed non- a. Reduce CO i. The average
emergency 2SLB stationary emissions and using reduction of
RICE >500 HP located at a oxidation catalyst, emissions of CO
major source of HAP, new or and using a CPMS. determined from the
reconstructed non-emergency initial performance
4SLB stationary RICE >=250 test achieves the
HP located at a major required CO percent
source of HAP, non- reduction; and
emergency stationary CI ii. You have
RICE >500 HP located at a installed a CPMS to
major source of HAP, continuously
existing non-emergency monitor catalyst
stationary CI RICE >500 HP inlet temperature
located at an area source according to the
of HAP, and existing non- requirements in
emergency 4SLB stationary Sec. 63.6625(b);
RICE >500 HP located at an and
area source of HAP that are iii. You have
operated more than 24 hours recorded the
per calendar year. catalyst pressure
drop and catalyst
inlet temperature
during the initial
performance test.
2. Non-emergency stationary a. Limit the i. The average CO
CI RICE >500 HP located at concentration of concentration
a major source of HAP, CO, using oxidation determined from the
existing non-emergency catalyst, and using initial performance
stationary CI RICE >500 HP a CPMS. test is less than
located at an area source or equal to the CO
of HAP, and existing non- emission
emergency 4SLB stationary limitation; and
RICE >500 HP located at an ii. You have
area source of HAP that are installed a CPMS to
operated more than 24 hours continuously
per calendar year. 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.
3. New or reconstructed non- a. Reduce CO i. The average
emergency 2SLB stationary emissions and not reduction of
RICE >500 HP located at a using oxidation emissions of CO
major source of HAP, new or catalyst. determined from the
reconstructed non-emergency initial performance
4SLB stationary RICE >=250 test achieves the
HP located at a major required CO percent
source of HAP, non- reduction; and
emergency stationary CI ii. You have
RICE >500 HP located at a installed a CPMS to
major source of HAP, continuously
existing non-emergency monitor operating
stationary CI RICE >500 HP parameters approved
located at an area source by the
of HAP, and existing non- Administrator (if
emergency 4SLB stationary any) according to
RICE >500 HP located at an the requirements in
area source of HAP that are Sec. 63.6625(b);
operated more than 24 hours and
per calendar year. iii. You have
recorded the
approved operating
parameters (if any)
during the initial
performance test.
4. Non-emergency stationary a. Limit the i. The average CO
CI RICE >500 HP located at concentration of concentration
a major source of HAP, CO, and not using determined from the
existing non-emergency oxidation catalyst. initial performance
stationary CI RICE >500 HP test is less than
located at an area source or equal to the CO
of HAP, and existing non- emission
emergency 4SLB stationary limitation; and
RICE >500 HP located at an ii. You have
area source of HAP that are installed a CPMS to
operated more than 24 hours continuously
per calendar year. 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.
5. New or reconstructed non- a. Reduce CO i. You have
emergency 2SLB stationary emissions, and installed a CEMS to
RICE >500 HP located at a using a CEMS. continuously
major source of HAP, new or monitor CO and
reconstructed non-emergency either O2 or CO2 at
4SLB stationary RICE >=250 both the inlet and
HP located at a major outlet of the
source of HAP, non- oxidation catalyst
emergency stationary CI according to the
RICE >500 HP located at a requirements in
major source of HAP, Sec. 63.6625(a);
existing non-emergency and
stationary CI RICE >500 HP ii. You have
located at an area source conducted a
of HAP, and existing non- performance
emergency 4SLB stationary evaluation of your
RICE >500 HP located at an CEMS using PS 3 and
area source of HAP that are 4A of 40 CFR part
operated more than 24 hours 60, appendix B; and
per calendar year. 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.
6. Non-emergency stationary a. Limit the i. You have
CI RICE >500 HP located at concentration of installed a CEMS to
a major source of HAP, CO, and using a continuously
existing non-emergency CEMS. monitor CO and
stationary CI RICE >500 HP either O2 or CO2 at
located at an area source the outlet of the
of HAP, and existing non- oxidation catalyst
emergency 4SLB stationary according to the
RICE >500 HP located at an requirements in
area source of HAP that are Sec. 63.6625(a);
operated more than 24 hours and
per calendar year. ii. You have
conducted a
performance
evaluation of your
CEMS using PS 3 and
4A of 40 CFR part
60, appendix B; and
[[Page 12869]]
iii. The average
concentration of CO
calculated using
Sec. 63.6620 is
less than or equal
to the CO emission
limitation. The
initial test
comprises the first
4-hour period after
successful
validation of the
CEMS. Compliance is
based on the
average
concentration
measured during the
4-hour period.
7. Non-emergency 4SRB a. Reduce i. The average
stationary RICE >500 HP formaldehyde reduction of
located at a major source emissions and using emissions of
of HAP, and existing non- NSCR. formaldehyde
emergency 4SRB stationary determined from the
RICE >500 HP located at an initial performance
area source of HAP that are test is equal to or
operated more than 24 hours greater than the
per calendar year. 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.
8. Non-emergency 4SRB a. Reduce i. The average
stationary RICE >500 HP formaldehyde reduction of
located at a major source emissions and not emissions of
of HAP, and existing non- using NSCR. formaldehyde
emergency 4SRB stationary determined from the
RICE >500 HP located at an initial performance
area source of HAP that are test is equal to or
operated more than 24 hours greater than the
per calendar year. 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.
9. Existing non-emergency a. Limit the i. The average
4SRB stationary RICE >500 concentration of formaldehyde
HP located at an area formaldehyde and concentration
source of HAP that are not using NSCR. determined from the
operated more than 24 hours initial performance
per calendar year. test 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.
10. New or reconstructed non- a. Limit the i. The average
emergency stationary RICE concentration of formaldehyde
>500 HP located at a major formaldehyde in the concentration,
source of HAP, new or stationary RICE corrected to 15
reconstructed non-emergency exhaust and using percent O2, dry
4SLB stationary RICE oxidation catalyst basis, from the
250<=HP<=500 located at a or NSCR. three test runs is
major source of HAP, and less than or equal
existing non-emergency 4SRB to the formaldehyde
stationary RICE >500 HP. 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.
11. New or reconstructed non- a. Limit the i. The average
emergency stationary RICE concentration of formaldehyde
>500 HP located at a major formaldehyde in the concentration,
source of HAP, new or stationary RICE corrected to 15
reconstructed non-emergency exhaust and not percent O2, dry
4SLB stationary RICE using oxidation basis, from the
250<=HP<=500 located at a catalyst or NSCR. three test runs is
major source of HAP, and less than or equal
existing non-emergency 4SRB to the formaldehyde
stationary RICE >500 HP. 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.
12. Existing non-emergency a. Reduce CO or i. The average
stationary RICE formaldehyde reduction of
100<=HP<=500 located at a emissions. emissions of CO or
major source of HAP, and formaldehyde, as
existing non-emergency applicable
stationary CI RICE determined from the
300500 HP located at a an oxidation performance tests
major source of HAP, new or catalyst, and using for CO to
reconstructed non-emergency a CPMS. demonstrate that
4SLB stationary RICE >=250 the required CO
HP located at a major percent reduction
source of HAP, and new or is achieved; \a\
reconstructed non-emergency and
CI stationary RICE >500 HP ii. Collecting the
located at a major source catalyst inlet
of HAP. 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. New or reconstructed non- a. Reduce CO i. Conducting
emergency 2SLB stationary emissions and not semiannual
RICE >500 HP located at a using an oxidation performance tests
major source of HAP, new or catalyst, and using for CO to
reconstructed non-emergency a CPMS. demonstrate that
4SLB stationary RICE >=250 the required CO
HP located at a major percent reduction
source of HAP, and new or is achieved; \a\
reconstructed non-emergency and
CI stationary RICE >500 HP ii. Collecting the
located at a major source approved operating
of HAP. 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. New or reconstructed non- a. Reduce CO i. Collecting the
emergency 2SLB stationary emissions or limit monitoring data
RICE >500 HP located at a the concentration according to Sec.
major source of HAP, new or of CO in the 63.6625(a),
reconstructed non-emergency stationary RICE reducing the
4SLB stationary RICE >=250 exhaust, and using measurements to 1-
HP located at a major a CEMS. hour averages,
source of HAP, new or calculating the
reconstructed non-emergency percent reduction
stationary CI RICE >500 HP or concentration of
located at a major source CO emissions
of HAP, existing non- according to Sec.
emergency stationary CI 63.6620; and
RICE >500 HP, existing non- ii. Demonstrating
emergency 4SLB stationary that the catalyst
RICE >500 HP located at an achieves the
area source of HAP that are required percent
operated more than 24 hours reduction of CO
per calendar year. emissions over the
4-hour averaging
period, or that the
emission remain at
or below the CO
concentration
limit; 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. Non-emergency 4SRB a. Reduce i. Collecting the
stationary RICE >500 HP formaldehyde catalyst inlet
located at a major source emissions and using temperature data
of HAP. 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
[[Page 12871]]
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. Non-emergency 4SRB a. Reduce i. Collecting the
stationary RICE >500 HP formaldehyde approved operating
located at a major source emissions and not parameter (if any)
of HAP. 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. Non-emergency 4SRB a. Reduce Conducting
stationary RICE with a formaldehyde semiannual
brake HP >=5,000 located at emissions. performance tests
a major source of HAP. for formaldehyde to
demonstrate that
the required
formaldehyde
percent reduction
is achieved.\a\
7. New or reconstructed non- a. Limit the i. Conducting
emergency stationary RICE concentration of semiannual
>500 HP located at a major formaldehyde in the performance tests
source of HAP and new or stationary RICE for formaldehyde to
reconstructed non-emergency exhaust and using demonstrate that
4SLB stationary RICE 250 oxidation catalyst your emissions
<=HP<=500 located at a or NSCR. remain at or below
major source of HAP. 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. New or reconstructed non- a. Limit the i. Conducting
emergency stationary RICE concentration of semiannual
>500 HP located at a major formaldehyde in the performance tests
source of HAP and new or stationary RICE for formaldehyde to
reconstructed non-emergency exhaust and not demonstrate that
4SLB stationary RICE 250 using oxidation your emissions
<=HP<=500 located at a catalyst or NSCR. remain at or below
major source of HAP. 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 emergency and a. Work or i. Operating and
black start stationary RICE Management maintaining the
<=500 HP located at a major practices. stationary RICE
source of HAP, existing non- according to the
emergency stationary RICE manufacturer's
<100 HP located at a major emission-related
source of HAP, existing operation and
emergency and black start maintenance
stationary RICE located at instructions; or
an area source of HAP, ii. Develop and
existing non-emergency follow your own
stationary CI RICE <=300 HP maintenance plan
located at an area source which must provide
of HAP, existing non- to the extent
emergency 2SLB stationary practicable for the
RICE located at an area maintenance and
source of HAP, existing non- operation of the
emergency landfill or engine in a manner
digester gas stationary SI consistent with
RICE located at an area good air pollution
source of HAP, existing non- control practice
emergency 4SLB and 4SRB for minimizing
stationary RICE <=500 HP emissions.
located at an area source
of HAP, existing non-
emergency 4SLB and 4SRB
stationary RICE >500 HP
located at an area source
of HAP that operate 24
hours or less per calendar
year.
[[Page 12872]]
10. Existing stationary CI a. Reduce CO or i. Conducting
RICE >500 HP that are not formaldehyde performance tests
limited use stationary emissions, or limit every 8,760 hours
RICE, and existing 4SLB and the concentration or 3 years,
4SRB stationary RICE >500 of formaldehyde or whichever comes
HP located at an area CO in the first, for CO or
source of HAP that operate stationary RICE formaldehyde, as
more than 24 hours per exhaust, and using appropriate, to
calendar year and are not oxidation catalyst demonstrate that
limited use stationary RICE. or NSCR. 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; 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.
11. Existing stationary CI a. Reduce CO or i. Conducting
RICE >500 HP that are not formaldehyde performance tests
limited use stationary emissions, or limit every 8,760 hours
RICE, and existing 4SLB and the concentration or 3 years,
4SRB stationary RICE >500 of formaldehyde or whichever comes
HP located at an area CO in the first, for CO or
source of HAP that operate stationary RICE formaldehyde, as
more than 24 hours per exhaust, and not appropriate, to
calendar year and are not using oxidation demonstrate that
limited use stationary RICE. catalyst or NSCR. 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; 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.
12. Existing limited use CI a. Reduce CO or i. Conducting
stationary RICE >500 HP and formaldehyde performance tests
existing limited use 4SLB emissions or limit every 8,760 hours
and 4SRB stationary RICE the concentration or 5 years,
>500 HP located at an area of formaldehyde or whichever comes
source of HAP that operate CO in the first, for CO or
more than 24 hours per stationary RICE formaldehyde, as
calendar year. exhaust, and using appropriate, to
an oxidation demonstrate that
catalyst or NSCR. 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; 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.
13. Existing limited use CI a. Reduce CO or i. Conducting
stationary RICE >500 HP and formaldehyde performance tests
existing limited use 4SLB emissions or limit every 8,760 hours
and 4SRB stationary RICE the concentration or 5 years,
>500 HP located at an area of formaldehyde or whichever comes
source of HAP that operate CO in the first, for CO or
more than 24 hours per stationary RICE formaldehyde, as
calendar year. exhaust, and not appropriate, to
using an oxidation demonstrate that
catalyst or NSCR. 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; 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
[[Page 12873]]
iv. Maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.
------------------------------------------------------------------------
\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.
[FR Doc. 2011-5196 Filed 3-8-11; 8:45 am]
BILLING CODE 6560-50-P