<RULE>
ENVIRONMENTAL PROTECTION AGENCY
<CFR>40 CFR Parts 60 and 63</CFR>
<DEPDOC>[EPA-HQ-OAR-2022-0879; FRL-8899-02-OAR]</DEPDOC>
<RIN>RIN 2060-AV40</RIN>
<SUBJECT>National Emission Standards for Hazardous Air Pollutants: Reciprocating Internal Combustion Engines and New Source Performance Standards: Internal Combustion Engines; Electronic Reporting</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Environmental Protection Agency (EPA).
<HD SOURCE="HED">ACTION:</HD>
Final rule.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The Environmental Protection Agency (EPA) is finalizing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines (RICE), the New Source Performance Standards (NSPS) for Stationary Compression Ignition (CI) Internal Combustion Engines, and the NSPS for Stationary Spark Ignition (SI) Internal Combustion Engines, to add electronic reporting provisions. The addition of electronic reporting provisions will provide for simplified reporting by sources and enhance availability of data on sources to the EPA and the public. In addition, a small number of clarifications and corrections to these rules are being finalized to provide clarification and correct inadvertent and other minor errors in the Code of Federal Regulations (CFR), particularly related to tables.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
This final rule is effective on August 30, 2024.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2022-0879. All documents in the docket are listed on the
<E T="03">https://www.regulations.gov</E>
website. Although listed, some information is not publicly available,
<E T="03">e.g.,</E>
Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through
<E T="03">https://www.regulations.gov.</E>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Christopher Werner, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541-5133; and email address:
<E T="03">werner.christopher@epa.gov.</E>
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<E T="03">Organization of this document.</E>
The information in this preamble is organized as follows:
<EXTRACT>
<FP SOURCE="FP-2">I. General Information</FP>
<FP SOURCE="FP1-2">A. Does this action apply to me?</FP>
<FP SOURCE="FP1-2">B. Where can I get a copy of this document and other related information?</FP>
<FP SOURCE="FP1-2">C. Judicial Review and Administrative Review</FP>
<FP SOURCE="FP-2">II. Background</FP>
<FP SOURCE="FP-2">III. What changes did we propose and what changes are we finalizing?</FP>
<FP SOURCE="FP1-2">A. Summary of Actions Proposed</FP>
<FP SOURCE="FP1-2">B. Electronic Reporting</FP>
<FP SOURCE="FP1-2">C. Clarifications to Table 4 in NSPS Subpart IIII</FP>
<FP SOURCE="FP1-2">D. Correction of Inadvertent Errors in NESHAP Subpart ZZZZ</FP>
<FP SOURCE="FP1-2">E. Clarifications to the Oil Change Requirement in NESHAP Subpart ZZZZ</FP>
<FP SOURCE="FP1-2">F. Other Requests for Comments</FP>
<FP SOURCE="FP1-2">G. Effective Date and Compliance Dates</FP>
<FP SOURCE="FP-2">IV. Summary of Cost, Environmental, and Economic Impacts</FP>
<FP SOURCE="FP1-2">A. What are the air quality impacts?</FP>
<FP SOURCE="FP1-2">B. What are the cost impacts?</FP>
<FP SOURCE="FP1-2">C. What are the economic impacts?</FP>
<FP SOURCE="FP1-2">D. What are the benefits?</FP>
<FP SOURCE="FP-2">V. Statutory and Executive Order Reviews</FP>
<FP SOURCE="FP1-2">A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review</FP>
<FP SOURCE="FP1-2">B. Paperwork Reduction Act (PRA)</FP>
<FP SOURCE="FP1-2">C. Regulatory Flexibility Act (RFA)</FP>
<FP SOURCE="FP1-2">D. Unfunded Mandates Reform Act (UMRA)</FP>
<FP SOURCE="FP1-2">E. Executive Order 13132: Federalism</FP>
<FP SOURCE="FP1-2">F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</FP>
<FP SOURCE="FP1-2">G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks</FP>
<FP SOURCE="FP1-2">H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</FP>
<FP SOURCE="FP1-2">I. National Technology Transfer and Advancement Act (NTTAA)</FP>
<FP SOURCE="FP1-2">J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing our Nation's Commitment to Environmental Justice for All</FP>
<FP SOURCE="FP1-2">K. Congressional Review Act (CRA)</FP>
</EXTRACT>
<HD SOURCE="HD1">I. General Information</HD>
<HD SOURCE="HD2">A. Does this action apply to me?</HD>
Categories and entities potentially regulated by this action include industries using stationary engines, including both compression and spark ignition internal combustion engines, such as: Electric power generation, transmission, or distribution; Medical and surgical hospitals; Natural gas transmission; Crude petroleum and
natural gas production; Natural gas liquids producers; and National security. North American Industry Classification System Codes of potentially regulated industries may include 2211, 622110, 48621, 211111, 211112, and 92811. This list is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by the action for the source category listed. To determine whether your facility is affected, you should examine the applicability criteria in the rules. If you have any questions regarding the applicability of any aspect of this action, please contact the person listed in the preceding
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
section of this preamble.
<HD SOURCE="HD2">B. Where can I get a copy of this document and other related information?</HD>
In addition to being available in the docket, an electronic copy of this final action is available on the internet at
<E T="03">https://www.epa.gov/stationary-engines</E>
. Following publication in the
<E T="04">Federal Register</E>
<E T="03">,</E>
the EPA will post the
<E T="04">Federal Register</E>
version of the final rule and key technical documents at this same website.
<HD SOURCE="HD2">C. Judicial Review and Administrative Review</HD>
Under Clean Air Act (CAA) section 307(b)(1), judicial review of this final action is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit (the court) by October 29, 2024. Under CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce the requirements.
Section 307(d)(7)(B) of the CAA further provides that “[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review.” This section also provides a mechanism for the EPA to convene a proceeding for reconsideration, “[i]f the person raising an objection can demonstrate to the EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment, (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.” Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, U.S. Environmental Protection Agency, Room 3000, WJC West Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both the person listed in the preceding
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
<HD SOURCE="HD1">II. Background</HD>
Stationary engines are used in a variety of applications from generating electricity to powering pumps and compressors in power and manufacturing plants. They are also used in the event of an emergency such as fire or flood. The key air pollutants the EPA regulates from these sources include formaldehyde, acetaldehyde, acrolein, methanol, polycyclic aromatic hydrocarbon, volatile organic compounds, carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and hydrocarbons.
A CI engine, or diesel engine, is a type of engine in which the fuel injected into the combustion chamber is ignited by a heat resulting from the compression of gases inside the cylinder. A SI engine is a type of engine in which the fuel-air mixture in the combustion chamber is ignited by a spark from a spark plug.
The NESHAP for RICE is codified in 40 CFR part 63, subpart ZZZZ, which was first promulgated in 2004. The NSPS for Stationary CI Internal Combustion Engines (ICE) is codified in 40 CFR part 60, subpart IIII, which was first promulgated in 2006. The NSPS for Stationary SI Internal Combustion Engines is codified in 40 CFR part 60, subpart JJJJ, which was first promulgated in 2008. All have been amended several times since promulgation.
<HD SOURCE="HD1">III. What changes did we propose and what changes are we finalizing?</HD>
<HD SOURCE="HD2"
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