Browse: Departments   Dates   Agencies  

The Federal Register

ENVIRONMENTAL PROTECTION AGENCY

Veterans Affairs Department

CFR Citation: 40 CFR Part 63

OAR ID: [OAR-2002-0059; FRL-7630-8]

RIN ID: RIN 2060-AG-63

NOTICE: Part II

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines

DATES: The final rule is effective August 16, 2004. The incorporation by reference of certain publications listed in the final rule are approved by the Director of the Federal Register as of August 16, 2004.

DOCUMENT SUMMARY: This action promulgates national emission standards for hazardous air pollutants (NESHAP) for stationary reciprocating internal combustion engines (RICE) with a siterating of more than 500 brake horsepower (HP). We have identified stationary RICE as major sources of hazardous air pollutants (HAP) emissions such as formaldehyde, acrolein, methanol, and acetaldehyde. The NESHAP will implement section 112(d) of the Clean Air Act (CAA) by requiring all major sources to meet HAP emission standards reflecting the application of the maximum achievable control technology (MACT) for RICE. We estimate that 40 percent of stationary RICE will be located at major sources and thus, subject to the final rule. As a result, the environmental, energy, and economic impacts presented in this preamble reflect these estimates. The final rule will protect public health by reducing exposure to air pollution, by reducing total national HAP emissions by an estimated 5,600 tons per year (tpy) in the 5th year after the rule is promulgated. The emissions reductions achieved by these standards will provide protection to the public and achieve a primary goal of the CAA.

SUMMARY: Environmental Protection Agency,


SUPPLEMENTAL INFORMATION

Regulated Entities. Categories and entities potentially regulated by this action include:
SIC NAICS Examples of regulated Category \1\ \2\ entities Any industry using a 4911 2211 Electric power stationary RICE as defined generation, in the final rule. transmission, or distribution. 4922 48621 Natural gas transmission. 1311 211111 Crude petroleum and natural gas production. 1321 211112 Natural gas liquids producers. 9711 92811 National security. \1\ Standard Industrial Classification.

\2\ North American Industry Classification System.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria in Sec. 63.6585 of the final rule. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

Docket. The EPA has established an official public docket for this action including both Docket ID No. OAR20020059 and Docket ID No. A 9535. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. All items may not be listed under both docket numbers, so interested parties should inspect both docket numbers to ensure that they have received all materials relevant to the final rule. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center 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 Reading Room is (202) 5661744, and the telephone number for the Air and Radiation Docket is (202) 566 1742. A reasonable fee may be charged for copying docket materials.

Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr/.

An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified above. Once in the system, select ``search,'' then key in the appropriate docket identification number.

Judicial Review. Under section 307(b)(1) of the CAA, judicial review of the final NESHAP is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by August 16, 2004. Under section 307(d)(7)(B) of the CAA, only an objection to a rule or procedure raised with reasonable specificity during the period for public comment can be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by the final rule may not be challenged separately in any civil or criminal
[[Page 33475]]

proceeding brought to enforce these requirements.

Background Information Document. The EPA proposed the NESHAP for stationary RICE on December 19, 2002 (67 FR 77830), and received 64 comment letters on the proposal. A background information document (BID) (``National Emission Standards for Stationary Reciprocating Internal Combustion Engines, Summary of Public Comments and Responses,'') containing EPA's responses to each public comment is available in Docket ID Nos. OAR20020059 and A9535.

Outline. The information presented in this preamble is organized as follows:

I. Background

A. What Is the Source of Authority for Development of NESHAP?

B. What Criteria Are Used in the Development of NESHAP?

C. What Are the Health Effects Associated with HAP from Stationary RICE?

D. What Is the Regulatory Development Background of the Source Category?
II. Summary of the Final Rule

A. What Sources Are Subject to the Final Rule?

B. What Source Categories and Subcategories Are Affected by the Final Rule?

C. What Are the Primary Sources of HAP Emissions and What Are the Emissions?

D. What Are the Emission Limitations and Operating Limitations?

E. What Are the Initial Compliance Requirements?

F. What Are the Continuous Compliance Provisions?

G. What Are the Notification, Recordkeeping and Reporting Requirements?
III. Summary of Significant Changes Since Proposal

A. Emission Limitations

B. Operating Limitations

C. Testing and Monitoring

D. Other
IV. Summary of Responses to Major Comments

A. Applicability

B. Definitions

C. Dates

D. Emission Limitations

E. Monitoring, Recordkeeping, and Reporting

F. Testing

G. RiskBased Approaches

H. Other
V. Summary of Environmental, Energy and Economic Impacts

A. What Are the Air Quality Impacts?

B. What Are the Cost Impacts?

C. What Are the Economic Impacts?

D. What Are the NonAir Health, Environmental and Energy Impacts?

VI. 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 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

J. Congressional Review Act
I. Background
A. What Is the Source of Authority for Development of NESHAP?

Section 112 of the CAA requires us to list categories and subcategories of major sources and area sources of HAP and to establish NESHAP for the listed source categories and subcategories. The stationary RICE source category was listed as a major source category on July 16, 1992 (57 FR 31576). Major sources of HAP are those that have the potential to emit greater than 10 tpy of any one HAP or 25 tpy of any combination of HAP.

B. What Criteria Are Used in the Development of NESHAP?

Section 112 of the CAA requires that we establish NESHAP for the control of HAP from both new and existing sources in listed source categories. The CAA requires the NESHAP to reflect the maximum degree of reduction in emissions of HAP that is achievable. This level of control is commonly referred to as the MACT.

The MACT floor is the minimum control level allowed for NESHAP and is defined under section 112(d)(3) of the CAA. In essence, the MACT floor ensures that the standard is set at a level that assures that all regulated sources achieve the level of control at least as stringent as that already achieved by the better controlled and lower emitting sources in each source category or subcategory. For new sources, the MACT standards cannot be less stringent than the emission control that is achieved in practice by the best controlled similar source. The MACT standards for existing sources can be less stringent than standards for new sources, but they cannot be less stringent than the average emission limitation achieved by the best performing 12 percent of existing sources in the category or subcategory (or the best performing five sources for categories or subcategories with fewer than 30 sources).

In developing MACT, we also consider control options that are more stringent than the floor. We may establish standards more stringent than the floor based on the consideration of cost of achieving the emissions reductions, any nonair quality health and environmental impacts, and energy requirements.
C. What Are the Health Effects Associated With HAP From Stationary RICE?

Emission data collected during development of the NESHAP show that several HAP are emitted from stationary RICE. These HAP emissions are formed during combustion or result from HAP compounds contained in the fuel burned.

The HAP which have been measured in emission tests conducted on natural gas fired and distillate oil fired RICE include: 1,1,2,2 tetrachloroethane, 1,3butadiene, 2,2,4trimethylpentane, acetaldehyde, acrolein, benzene, chlorobenzene, chloroethane, ethylbenzene, formaldehyde, methanol, methylene chloride, nhexane, naphthalene, polycyclic aromatic hydrocarbons, polycyclic organic matter, styrene, tetrachloroethane, toluene, and xylene. Metallic HAP from distillate oil fired stationary RICE that have been measured are: cadmium, chromium, lead, manganese, mercury, nickel, and selenium.

Although numerous HAP may be emitted from RICE, only a few account for essentially all of the mass of HAP emissions from stationary RICE. These HAP are: Formaldehyde, acrolein, methanol, and acetaldehyde.

The HAP emitted in the largest quantities from stationary RICE is formaldehyde. Formaldehyde is a probable human carcinogen and can cause irritation of the eyes and respiratory tract, coughing, dry throat, tightening of the chest, headache, and heart palpitations. Acute inhalation has caused bronchitis, pulmonary edema, pneumonitis, pneumonia, and death due to respiratory failure. Longterm exposure can cause dermatitis and sensitization of the skin and respiratory tract.

Acrolein is a cytotoxic agent, a powerful lacrimating agent, and a severe tissue irritant. Acute exposure to acrolein can cause severe irritation or corrosion of the eyes, nose, throat, and lungs, with tearing, pain in the chest, and delayedonset pulmonary injury with depressed pulmonary function. Chronic exposure to acrolein can cause skin sensitization and contact dermatitis. Acrolein is not considered carcinogenic to humans.

Humans are very sensitive to the toxic effects of methanol including formic acidaemia, metabolic acidosis, ocular toxicity, nervous system depression,
[[Page 33476]]
blindness, coma, and death. A majority of the available information on methanol toxicity in humans is based on acute rather than longterm exposure. However, recent animal studies also indicate potential reproductive and developmental health consequences following chronic exposure to methanol in both mice and primates. Methanol has not been classified with respect to carcinogenicity.

The health effects for acetaldehyde are irritation of the eye mucous membranes, skin, and upper respiratory tract, and a central nervous system (CNS) depressant in humans. Acute exposure can cause conjunctivitis, coughing, difficult breathing, and dermatitis. Chronic exposure may cause heart and kidney damage, embryotoxicity, and teratogenic effects. Acetaldehyde is a probable carcinogen in humans.

We recently reviewed health effects associated with emissions of particulates from diesel engines in the context of regulating heavy duty motor vehicles and engines (66 FR 5001, January 18, 2001). Diesel particulate matter (PM) is not currently listed as a hazardous air pollutant for stationary sources under section 112 of the CAA and was not specifically reviewed under the rule, though constituent parts of diesel PM are subject to the final rule. We are continuing to review this issue in the context of regulating stationary RICE.
D. What Is the Regulatory Development Background of the Source Category?

In September 1996, we chartered the Industrial Combustion Coordinated Rulemaking (ICCR) advisory committee under the Federal Advisory Committee Act (FACA). The committee's objective was to develop recommendations for regulations for several combustion source categories under sections 112 and 129 of the CAA. The ICCR advisory committee, also known as the Coordinating Committee, formed Source Work Groups for the various combustor types covered under the ICCR. One work group, the RICE Work Group, was formed to research issues related to stationary RICE. The RICE Work Group submitted recommendations, information, and data analyses to the Coordinating Committee, which in turn considered them and submitted recommendations and information to EPA. The Committee's 2year charter expired in September 1998. We considered the Committee's recommendations in developing the final rule for stationary RICE.
II. Summary of the Final Rule

A. What Sources Are Subject to the Final Rule?

The final rule applies to you if you own or operate stationary RICE which are located at a major source of HAP emissions, except if your stationary RICE all have a siterating of 500 brake HP or less. A major source of HAP emissions is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year.

Section 112(n)(4) of the CAA requires that the aggregation of HAP for purposes of determining whether an oil and gas production facility is major or nonmajor be done only with respect to particular sites within the source and not on a total aggregated site basis. We referenced the requirements of section 112(n)(4) of the CAA in our NESHAP for Oil and Natural Gas Production Facilities in subpart HH of 40 CFR part 63. As in subpart HH, we plan to aggregate HAP emissions for the purposes of determining a major HAP source for RICE only with respect to particular sites within an oil and gas production facility. The sites are called surface sites and may include a combination of any of the following equipment: glycol dehydrators, tanks which have potential for flash emissions, RICE, and combustion turbines.

The EPA acknowledges that the definition of major source in the final rule may be different from those found in other rules; however, this does not alter the definition of major source in other rules and, therefore, does not affect the Oil and Natural Gas Production Facilities NESHAP (subpart HH of 40 CFR part 63) or any other rule applicability.

While all stationary RICE with a siterating of more than 500 brake HP located at major sources are subject to the final rule, there are distinct requirements for regulated stationary RICE depending on their design, use, and fuel. The standards in the final rule have specific requirements for all new or reconstructed stationary RICE and for existing spark ignition 4 stroke rich burn (4SRB) stationary RICE located at a major source of HAP emissions, except that stationary RICE with a siterating of 500 brake HP or less are not addressed in the final rule. New or reconstructed stationary RICE which operate exclusively as emergency or limited use units are subject only to initial notification requirements. New or reconstructed stationary RICE which combust landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis are subject only to initial notification requirements and to monitoring, recording, and reporting of fuel usage requirements. With the exception of existing spark ignition 4SRB stationary RICE, other types of existing stationary RICE (i.e., spark ignition 2 stroke lean burn (2SLB), spark ignition 4 stroke lean burn (4SLB), compression ignition (CI), stationary RICE that combust landfill or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis, emergency, and limited use units) located at a major source of HAP emissions are not subject to any specific requirement under the final rule. You must determine your source's subcategory to determine which requirements apply to your source.

The final rule does not apply to stationary RICE located at an area source of HAP emissions. An area source of HAP emissions is a contiguous site under common control that is not a major source.

Finally, the final rule does not apply to stationary RICE test cells/stands since these facilities are covered by another NESHAP, subpart PPPPP of 40 CFR part 63.
B. What Source Categories and Subcategories Are Affected by the Final Rule?

The final rule covers stationary RICE. A stationary RICE is any RICE which uses reciprocating motion to convert heat energy into mechanical work and is not mobile. Stationary RICE differ from mobile RICE in that a stationary RICE is not a nonroad engine as defined at 40 CFR 1068.30, and is not used to propel a motor vehicle or a vehicle used solely for competition.

We divided the stationary RICE source category into five subcategories: (1) Stationary RICE with a siterating of 500 brake HP or less, (2) emergency stationary RICE, (3) limited use stationary RICE, (4) stationary RICE that combust landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis, and (5) other stationary RICE. We further divided the last subcategory into four subcategories: (1) 2SLB stationary RICE, (2) 4SLB stationary RICE, (3) 4SRB stationary RICE, and (4) CI stationary RICE.

The final rule does not apply to stationary RICE test cells/stands since these facilities are covered by another NESHAP, subpart PPPPP of 40 CFR part 63.

The final rule also does not apply to stationary RICE with a site rating of 500
[[Page 33477]]
brake HP or less. In reviewing the population database to identify stationary RICE with a siterating of 500 brake HP or less, we found extremely little information. In discussions with State and local permitting officials, the manufacturers, and some of the owners and operators of stationary RICE, we found that such small stationary RICE have generally not been regarded as significant sources of air pollutant emissions. As a result, the small stationary RICE have not been subjected to the same level of scrutiny, examination, or review as larger stationary RICE. Little information has been gathered or compiled by anyone for this subcategory of stationary RICE.

Thus, at this point, we know very little about stationary RICE with a siterating of 500 brake HP or less. For example, we do not know how many of the small stationary RICE exist. In addition, we know little about the operating characteristics and emissions, the current use of, as well as the applicability of, emission control technologies, the costs of emission control for the small stationary RICE, or the economic impacts and benefits associated with regulation. In the absence of such information, we have concerns with the applicability of HAP emission control technology to these stationary RICE. As a result, we feel it is appropriate to defer a decision on regulation of stationary RICE with a siterating of 500 brake HP or less until further information on the engines can be obtained and analyzed.

We feel this subcategory of stationary RICE is likely to be more similar to stationary RICE located at area sources than to stationary RICE located at major sources. Thus, we plan to include this subcategory of stationary RICE in our considerations to develop regulations for stationary RICE located at area sources.
C. What Are the Primary Sources of HAP Emissions and What Are the Emissions?

The primary sources of HAP emissions are exhaust gases from combustion of gaseous fuels and liquid fuels in stationary RICE. Formaldehyde, acrolein, methanol, and acetaldehyde are HAP that are present in significant quantities from stationary RICE.
D. What Are the Emission Limitations and Operating Limitations?

As the owner or operator of an affected source, you must do one of the following: (1) Each existing, new, or reconstructed 4SRB stationary RICE must comply with each emission limitation in Table 1a of subpart ZZZZ, 40 CFR part 63, and each operating limitation in Table 1b of subpart ZZZZ that apply; or (2) each new or reconstructed 2SLB stationary RICE, new or reconstructed 4SLB stationary RICE, or new or reconstructed CI stationary RICE must comply with each emission limitation in Table 2a of subpart ZZZZ and operating limitation in Table 2b of subpart ZZZZ that apply. These tables can be found after the definitions in Sec. 63.6675 of subpart ZZZZ.

Existing 2SLB stationary RICE, existing 4SLB stationary RICE, existing CI stationary RICE, stationary RICE that operate exclusively as emergency or limited use units, or stationary RICE that combust landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis have an emission standard of no emission reduction, and will not be tested to meet any specific emission limitation or operating limitation. In addition, any stationary RICE located at an area source of HAP emissions, any stationary RICE with a siterating of 500 brake HP or less, or stationary RICE that are being tested at stationary RICE test cells/ stands are not addressed in the final rule and, therefore, do not need to comply with any emission limitation or operating limitation. E. What Are the Initial Compliance Requirements?

If your stationary RICE must meet specific emission limitations and operating limitations, then you must meet the following initial compliance requirements. The testing and initial compliance requirements are different, depending on whether you demonstrate compliance with the carbon monoxide (CO) emission reduction requirement, formaldehyde emission reduction requirement, or the requirement to limit the formaldehyde concentration in the stationary RICE exhaust.

If you own or operate a 2SLB or 4SLB stationary RICE or a CI stationary RICE complying with the requirement to reduce CO emissions, you must conduct an initial performance test to demonstrate that you are achieving the required CO percent reduction, corrected to 15 percent oxygen, dry basis. The initial performance test must be conducted at high load conditions, defined as 100 percent < plus minus>10 percent.

If you own or operate a 2SLB or 4SLB stationary RICE or a CI stationary RICE complying with the requirement to reduce CO emissions and you are using an oxidation catalyst, you must also install a continuous parameter monitoring system (CPMS) to continuously monitor the catalyst inlet temperature. During the initial performance test, you must record the initial pressure drop across the catalyst and the catalyst inlet temperature.

If you own or operate a 2SLB or 4SLB stationary RICE or a CI stationary RICE complying with the requirement to reduce CO emissions and you are not using an oxidation catalyst, you must also petition the Administrator for approval of operating limitations or approval or no operating limitations. You must also install a CPMS to continuously monitor the operating parameters (if any) approved by the
Administrator. During the initial performance test, you must record the initial values of the approved operating parameters (if any).

As an alternative, you may elect to install a continuous emissions monitoring system (CEMS) to measure CO and either carbon dioxide or oxygen simultaneously at the inlet and outlet of the oxidation catalyst. To demonstrate initial compliance, you must conduct an initial performance evaluation using Performance Specifications (PS) 3 and 4A of 40 CFR part 60, appendix B. The initial performance test must be conducted at high load conditions, defined as 100 percent < plus minus>10 percent. You must demonstrate that the reduction of CO emissions meets the required percent reduction using the first 4hour average after a successful performance evaluation. Your measurements at the inlet and the outlet of the oxidation catalyst must be on a dry basis and corrected to 15 percent oxygen or equivalent carbon dioxide content.

If you own or operate 4SRB stationary RICE complying with the requirement to reduce formaldehyde emissions, you must conduct an initial performance test using Test Method 320 or 323 of 40 CFR part 63, appendix A, or ASTM D634803 to demonstrate that you are achieving the required formaldehyde percent reduction, corrected to 15 percent oxygen, dry basis. The initial performance test must be conducted at high load conditions, defined as 100 percent 10 percent.

If you own or operate a 4SRB stationary RICE complying with the requirement to reduce formaldehyde emissions and you are using non selective catalytic reduction (NSCR), you must also install a CPMS to continuously monitor the catalyst inlet temperature. During the initial performance test, you must record the initial values of the pressure drop across the catalyst and the catalyst inlet temperature.

If you own or operate a 4SRB stationary RICE complying with the requirement to reduce formaldehyde
[[Page 33478]]
emissions and you are not using NSCR, you must also petition the Administrator for approval of operating limitations or approval or no operating limitations. You must also install a CPMS to continuously monitor the operating parameters (if any) approved by the
Administrator. During the initial performance test, you must record the initial values of the approved operating parameters (if any).

If you are complying with the requirement to limit the concentration of formaldehyde in the stationary RICE exhaust, you must conduct an initial performance test using Test Method 320 or 323 of 40 CFR part 63, appendix A, or ASTM D634803 to demonstrate that the concentration of formaldehyde in the stationary RICE exhaust is less than or equal to the emission limit, corrected to 15 percent oxygen, dry basis, that applies to you. To correct to 15 percent oxygen, dry basis, you must measure oxygen using Method 3A or 3B of 40 CFR part 60, appendix A, and measure moisture using Method 4 of 40 CFR part 60, appendix A; or Test Method 320 of 40 CFR part 63, appendix A; or ASTM D634803. The initial performance test must be conducted at high load conditions, defined as 100 percent 10 percent.

If you own or operate a 2SLB or 4SLB stationary RICE or a CI stationary RICE complying with the emission limitation to limit the concentration of formaldehyde in the stationary RICE exhaust and you are using an oxidation catalyst or if you own or operate a 4SRB stationary RICE complying with the emission limitation to limit the concentration of formaldehyde in the stationary RICE exhaust and you are using NSCR, you must also install a CPMS to continuously monitor the catalyst inlet temperature. During the initial performance test, you must record the initial pressure drop across the catalyst and the catalyst inlet temperature.

If you choose to comply with the emission limitation to limit the concentration of formaldehyde in the stationary RICE exhaust and you are not an using oxidation catalyst or NSCR, you must also petition the Administrator for approval of operating limitations or approval of no operating limitations. If the Administrator approves your petition for operating limitations, the operating limitations must also be established during the initial performance test.

If you petition the Administrator for approval of operating limitations, your petition must include the following: (1) Identification of the specific parameters you propose to use as operating limitations; (2) a discussion of the relationship between the parameters and HAP emissions, identifying how HAP emissions change with changes in the parameters, and how limitations on the parameters will serve to limit HAP emissions; (3) a discussion of how you will establish the upper and/or lower values for the parameters which will establish the limits on the parameters in the operating limitations; (4) a discussion identifying the methods you will use to measure and the instruments you will use to monitor the parameters, as well as the relative accuracy and precision of the methods and instruments; and (5) a discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring the parameters.

If you petition the Administrator for approval of no operating limitations, your petition must include the following: (1) Identification of the parameters associated with operation of the stationary RICE and any emission control device which could change intentionally (e.g., operator adjustment, automatic controller adjustment, etc.) or unintentionally (e.g., wear and tear, error, etc.) on a routine basis or over time; (2) a discussion of the relationship, if any, between changes in the parameters and changes in HAP emissions; (3) for those parameters with a relationship to HAP emissions, a discussion of whether establishing limitations on the parameters would serve to limit HAP emissions; (4) for those parameters with a relationship to HAP emissions, a discussion of how you could establish upper and/or lower values for the parameters which would establish limits on these parameters in operating limitations; (5) for the parameters with a relationship to HAP emissions, a discussion identifying the methods you could use to measure the parameters and the instruments you could use to monitor them, as well as the relative accuracy and precision of the methods and instruments; (6) for the parameters, a discussion identifying the frequency and methods for recalibrating the instruments you could use to monitor them; and (7) a discussion of why, from your point of view, it is infeasible or unreasonable to adopt the parameters as operating limitations. F. What Are the Continuous Compliance Provisions?

Several general continuous compliance requirements apply to all stationary RICE meeting various specified emission and operating limitations. If your stationary RICE is required to meet specific emission and operating limitations, then you are required to comply with the emission and operating limitations at all times, except during startup, shutdown, and malfunction of your stationary RICE. You must also operate and maintain your stationary RICE, air pollution control equipment, and monitoring equipment according to good air pollution control practices at all times, including startup, shutdown, and malfunction. You must conduct all monitoring at all times that the stationary RICE is operating, except during periods of malfunction of the monitoring equipment or necessary repairs or quality assurance or control activities, such as calibration checks.

For 2SLB and 4SLB stationary RICE and CI stationary RICE complying with the requirement to reduce CO emissions, unless you are using a CEMS, you must conduct semiannual performance tests for CO and oxygen using a portable CO monitor to demonstrate that the required CO percent reduction is achieved. The performance tests must be conducted at high load conditions, defined as 100 percent 10 percent. If you demonstrate compliance with the percent reduction requirement for two successive performance tests, you may reduce the frequency of performance testing to annually. However, if an annual performance test indicates a deviation from the percent reduction requirement, you must return to semiannual performance tests.

If you are using an oxidation catalyst, you must continuously monitor and record the catalyst inlet temperature to demonstrate continuous compliance with the CO percent reduction requirement. The 4 hour rolling average of the valid data must be within the operating limitation. You must also measure the pressure drop across the catalyst monthly. If you replace your oxidation catalyst, you must measure your pressure drop and catalyst inlet temperature.

If you are not using an oxidation catalyst, you must continuously monitor and record the operating parameters (if any) approved by the Administrator to demonstrate continuous compliance with the CO percent reduction requirement. The 4hour rolling average of the valid data must be within the operating limitation.

If you elect to demonstrate continuous compliance using a CEMS, you must calibrate and operate your CEMS according to the requirements in 40 CFR 63.8. You must continuously monitor and record the CO concentration at the inlet and outlet of the oxidation catalyst and calculate the percent reduction of CO emissions hourly. The reduction of
[[Page 33479]]
CO must be at least the required percent reduction, based on a rolling 4hour average, averaged every hour. You must also conduct an annual relative accuracy test audit (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.

For existing, new, or reconstructed 4SRB stationary RICE complying with the requirement to reduce formaldehyde emissions using NSCR, you must demonstrate continuous compliance by continuously monitoring the catalyst inlet temperature. The 4hour rolling average of the valid data must be within the operating limitation. You must also measure the pressure drop across the catalyst monthly. If you replace your NSCR, you must measure the values of the pressure drop across the catalyst and measure the catalyst inlet temperature.

For existing, new, or reconstructed 4SRB stationary RICE complying with the requirement to reduce formaldehyde emissions and not using NSCR, you must continuously monitor and record the operating parameters (if any) approved by the Administrator. The 4hour rolling average of the valid data must be within the operating limitation.

The 4SRB stationary RICE with a siterating greater than or equal to 5,000 brake HP must also conduct semiannual performance tests to demonstrate that the percent reduction for formaldehyde emissions is achieved. The performance tests must be conducted at high load conditions, defined as 100 percent 10 percent. If you demonstrate compliance with the percent reduction requirement for two successive performance tests, you may reduce the frequency of performance testing to annually. However, if an annual performance test indicates a deviation from the percent reduction requirement, you must return to semiannual performance tests.

If you are complying with the requirement to limit the concentration of formaldehyde in the stationary RICE exhaust, the following requirements must be met.

Proper maintenance. At all times, the owner or operator shall maintain the monitoring equipment including, but not limited to, maintaining necessary parts for routine repairs of the monitoring equipment.

Continued operation. Except for, as applicable, monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), the owner or operator shall conduct all monitoring in continuous operation at all times that the unit is operating. Data recorded during monitoring malfunctions, associated repairs, outofcontrol periods, and required quality assurance or control activities shall not be used for purposes of calculating data averages. The owner or operator shall use all the data collected during all other periods in assessing compliance. A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring equipment to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Any period for which the monitoring system is out of control and data are not available for required calculations constitutes a deviation from the monitoring requirements.

After completion of the initial performance test, you must demonstrate that formaldehyde emissions remain at or below the formaldehyde concentration limit by performing semiannual performance tests. The performance tests must be conducted at high load conditions, defined as 100 percent 10 percent. If you demonstrate compliance with the requirement to limit the concentration of formaldehyde in the stationary RICE exhaust for two successive performance tests, you may reduce the frequency of performance testing to annually. However, if an annual performance test indicates a deviation of formaldehyde emissions from the formaldehyde concentration limit, you must return to semiannual performance tests.

If you choose to comply with the emission limitation to limit the concentration of formaldehyde in the stationary RICE exhaust and you are using an oxidation catalyst or NSCR, you must demonstrate continuous compliance by continuously monitoring the catalyst inlet temperature. The 4hour rolling average of the valid data must be within the operating limitation. You must also measure the pressure drop across the catalyst monthly. If you replace your oxidation catalyst or NSCR, you must measure the values of the pressure drop across the catalyst and measure the catalyst inlet temperature.

If you choose to comply with the emission limitation to limit the concentration of formaldehyde in the stationary RICE exhaust and you are not using an oxidation catalyst or NSCR, you must demonstrate continuous compliance by continuously monitoring and recording the values of any parameters which have been approved by the Administrator as operating limitations.
G. What Are the Notification, Recordkeeping and Reporting Requirements?

If you own or operate a stationary RICE with a siterating of more than 500 brake HP which is located at a major source of HAP emissions, you must submit all of the applicable notifications as listed in the NESHAP General Provisions (40 CFR part 63, subpart A), including an initial notification, notification of performance test or evaluation, and a notification of compliance for each stationary RICE which must comply with the specified emission and operating limitations. In addition, you must submit an initial notification for each existing 4SRB stationary RICE and each new stationary RICE which operates exclusively as an emergency unit, limited use unit, or a stationary RICE which combusts digester gas or landfill gas equivalent to 10 percent or more of the gross heat input on an annual basis.

You must record all of the data necessary to determine if you are in compliance with the emission limitations and operating limitations (if applicable) as required by the final rule. Your records must be in a form suitable and readily available for review. You must also keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. Records must remain onsite for at least 2 years and then can be maintained offsite for the remaining 3 years.

You must submit a compliance report semiannually. This report should contain information including company name and address, a statement by a responsible official that the report is accurate, and a statement of compliance or documentation of any deviation from the requirements of the final rule during the reporting period. III. Summary of Significant Changes Since Proposal

Most of the rationale used to develop the proposed rule remains the same for the final rule. Therefore, the rationale previously provided in the proposed rule is not repeated in the final rule and the Rationale for Selecting the Proposed Standards section of the proposed rule should be referred to. Changes that have been made to the final rule are discussed in this section with rationale following in the Summary of Responses to Major Comments section.

A. Emission Limitations

In the proposed NESHAP, new 2SLB stationary RICE were required to either reduce CO emissions by 60 percent or
[[Page 33480]]
more, or limit the concentration of formaldehyde to 17 parts per million by volume dry basis (ppmvd) or less at 15 percent oxygen. Existing and new 4SRB stationary RICE were required to either reduce formaldehyde emissions by 75 percent or more, or limit the concentration of formaldehyde to 350 parts per billion by volume dry basis (ppbvd) or less at 15 percent oxygen. The final rule requires new 2SLB stationary RICE to either reduce CO emissions by 58 percent or more, or limit the concentration of formaldehyde to 12 ppmvd or less at 15 percent oxygen. Existing and new 4SRB stationary RICE must either reduce formaldehyde emissions by 76 percent or more, or limit the concentration of formaldehyde to 350 ppbvd or less at 15 percent oxygen.

In the proposed rule, sources were required to meet one of two emission limitations, depending on the type of control device being used. In the final rule, we have allowed sources the flexibility to meet either emission limitation, regardless of the type of emission control.

B. Operating Limitations

We have made several revisions to the operating limitations that we proposed. The minimum value for the catalyst inlet temperature for new 2SLB, new 4SLB, and new CI stationary RICE complying with the requirement to reduce CO emissions and using an oxidation catalyst has decreased from 500[deg]F to 450[deg]F and the maximum value has increased from 1250[deg]F to 1350[deg]F. For 4SRB stationary RICE, we have removed the requirement to maintain the temperature rise across the catalyst. For stationary RICE complying with the requirement to limit the concentration of formaldehyde, we have removed the proposed requirement to maintain either an operating load or fuel flow rate equal to or greater than 95 percent of the value established during the initial performance test.

C. Testing and Monitoring

In the final rule, we did not include EPA SW846 Method 0011 or California Air Resources Board (CARB) Method 430 as appropriate methods for measuring formaldehyde. We also specified that performance testing should be conducted at high load, defined as 100 10 percent. In the final rule, we have included ASTM D634803 as an acceptable method for formaldehyde and moisture.

The proposed rule required new 2SLB, new 4SLB, and new CI stationary RICE with a brake HP greater than or equal to 5,000 complying with the CO emission reduction requirement to install a CEMS to continuously monitor CO, whereas those with a brake HP less than 5,000 demonstrated compliance with continuous parametric monitoring and quarterly CO performance testing. The final rule requires that new 2SLB, new 4SLB, and new CI engines use continuous parametric monitoring and semiannual CO performance testing to demonstrate continuous compliance. Sources may still elect to use a CO CEMS, but it is not required.

In the final rule, we specified that the pressure drop across the catalyst must be measured monthly for sources complying with the requirement to reduce CO emissions and using an oxidation catalyst and for sources complying with the requirement to reduce formaldehyde emissions and using NSCR, instead of continuously monitored as specified in the proposed rule.

D. Other

The proposed rule specified that stationary RICE that combust landfill gas or digester gas as primary fuel did not have to meet the requirements of the rule, except for initial notification requirements. In the final rule, we redefined the subcategory as those engines with annual landfill gas or digester gas consumption of 10 percent or more of the gross heat input on an annual basis. We have specified that new and reconstructed stationary RICE with annual landfill gas or digester gas consumption of 10 percent or more have to submit an initial notification and must also meet monitoring, recording, and reporting requirements associated with fuel usage. Existing stationary RICE with annual landfill gas or digester gas consumption of 10 percent or more do not have to meet any requirements.

The definition of emergency and limited use stationary RICE has been separated in the final rule. Limited use stationary RICE means any stationary RICE that operates less than 100 hours per year.

The definition of emergency stationary RICE was written to indicate that loss of power that constitutes an emergency can include power supplied to portions of a facility, and that emergency operation is not limited to only times when the primary power source has been interrupted and is not limited to a specific number of hours. Routine testing and maintenance to ensure operational readiness has been included in the definition of emergency operation.

We included a provision in the final rule allowing new or rebuilt engines to operate for up to 200 hours prior to installing the catalyst; this will not be considered a violation.

In the final rule, we specified that an existing area source that increases its emissions or its potential to emit such that it becomes a major source must be in compliance within 3 years after becoming a major source. Potential to emit is defined in Sec. 63.6675 of the final stationary RICE NESHAP. The proposed rule stipulated that an existing area source that became a major source must be in compliance immediately after becoming a major source.

IV. Summary of Responses to Major Comments

A more detailed summary of comments and our responses can be found in the Summary of Public Comments and Responses document, which is available from several sources (see ADDRESSES section).

A. Applicability

Comment: One commenter requested clarification on what is considered an existing RICE unit for purposes of compliance. According to the commenter, using a date as a determination whether an engine is existing is confusing. The commenter stated that an engine takes on its identity when first assembled into an engine or when modified to be a different kind of engine, regardless of where that engine is ultimately installed or whether it is a spare on the shelf awaiting installation. Another commenter asked that EPA clarify that an existing RICE unit is any engine that was assembled as a final unit before December 19, 2002, regardless of whether it was or has been installed in a stationary location.

One commenter stated that the criteria that makes a RICE unit affected by the proposed rule does not limit the rule's effects to only units that operate. The proposed factors that determine applicability are construction date, siterating, and specific inherent designs of units. None of these criteria as applied in the proposal include a requirement that the engine be operational. It is not uncommon for an owner or operator to have idle engines. Some may be installed and not in use. Others may be stored for later use as replacements or spare engines. Importantly, idle units are distinct from emergency units because an idle unit is not in any use. The commenter expressed that an idle RICE unit should have no compliance obligations imposed by the final RICE rule.

Response: We disagree with the first set of comments and feel that the date an engine was constructed is the date it
[[Page 33481]]
was installed at the operator site and not when it was assembled as a final unit at the manufacturer. Thus, any engine constructed (i.e., installed at the site of the operator) prior to December 19, 2002, is an existing engine for purposes of the final rule, while any engine constructed on or after that date is a new engine. For purposes of the final rule, the term ``onsite fabrication'' in the definition of construction in 40 CFR Sec. 63.2 shall refer to the final installation at the site of the final operator. This definition of construction is in line with how EPA generally defines construction, i.e., it is defined by when the unit is installed at the operator's location, rather than where it is first assembled.

We feel it is appropriate to define ``onsite fabrication'' as the final site of installation because even after a unit has been manufactured, several components necessary in order to be able to operate the unit must be considered and added. The owner or operator cannot go directly from purchasing the unit from the manufacturer to operation. The owner or operator must typically have a building to house the unit in, construct a pad for the unit, run utilities, install fuel supply tanks or run the natural gas line, have the catalyst vendor install the pollution control equipment, and finally test the unit on site. For larger engines (e.g., 5,000 HP or greater), the installation process is even more pronounced. For these reasons, we find it appropriate that the date that final installation of the unit at the site of operation is commenced should be considered the construction date.

Engines manufactured prior to December 19, 2002, but where installation was not commenced until after that date, are considered new engines and must comply with the requirements for new engines. We expect that these units will be able to comply with the requirements especially since the control equipment is typically installed on the engine at the site of operation and does not come with the engine purchased from the manufacturer. Finally, no problems are expected to occur with retrofit controls because the control technology is relatively easy to retrofit, especially in units that are being installed initially at a site. If owners or operators anticipate problems, they can elect to purchase a new engine meeting the requirements if it is installed after that date.

With regard to the next comment, we disagree with the commenter's proposition that EPA needs to have a special provision to deal with engines that are installed but not in use. For new engines covered by the final rule, which will be the vast majority of the engines, the final rule does not apply until startup of the engine, which is when the engine begins operation. Therefore, new engines are not covered until they are operational, which already accomplishes the goal of the commenter. For existing engines, we feel that any engine that does not meet the definition of limited use engine, which includes any engine that operates less than 100 hours per year, should not be relieved of compliance obligations. We have written our definitions to distinguish emergency engines from limited use engines, which should reduce some confusion. An engine that does not operate at all is clearly a limited use engine, which by definition includes engines that operate 0 hours per year.

Comment: Several commenters expressed that EPA should include an alternative applicability criteria based on 1 tpy actual formaldehyde emissions.

Response: The basis for this comment is the Oil and Natural Gas Production and Natural Gas Transmission and Storage NESHAP (promulgated on June 17, 1999). In that rule, HAP emissions from process vents at glycol dehydration units that are located at major HAP sources and from process vents at certain area source glycol dehydration units are required to be controlled unless the actual flowrate of natural gas in the unit is less than 85,000 cubic meters per day (3.0 million standard cubic feet per day), on an annual average basis, or the benzene emissions from the unit are less than 0.9 megagrams per year (1 tpy). The 1 tpy emission threshold in the Oil and Natural Gas Production and Natural Gas Transmission and Storage MACT is equivalent to the smallest size glycol dehydration unit with control of HAP emissions and is, therefore, based on equivalence, not risk. The information in the docket does not support a decision to provide an alternative applicability cutoff in this case. Our decision to defer regulation of engines 500 HP or less was based on questions regarding how accurately the database reflected such engines. There were no such concerns raised based on whether an engine emitted formaldehyde above 1 tpy.

Comment: Five commenters stated that the applicability limit for 2SLB should be increased to 1100 HP to be consistent with the MACT floor. One commenter stated that the small engine size cutoff should be changed from 500 HP to 650 HP. The commenter said that while EPA appropriately reasoned that small engines should not be subject to the requirements of the rule, EPA provided no explicit rationale for the selection of 500 HP as the appropriate small engine size cutoff. Ranking all engines in EPA's database from smallest to largest, the first engine size that has controls is 650 HP. Thus, the appropriate small engine size cutoff supported by the record is less than 650 HP instead of less than or equal to 500 HP.

Response: First, we need to clarify that engines 500 brake HP or less have not been exempted from regulation. Because we determined at the time of proposal that we did not have enough information to go forward with regulation of those engines at this time, we have deferred regulatory activity with regard to those engines. Pursuant to a consent decree signed on May 22, 2003, Sierra Club v. Whitman, Case Number 1:01CV01537 (D.C.D.C.), a notice of proposed rulemaking regarding regulation of these engines under CAA section 112 is scheduled for October 31, 2006, with a final rule by December 20, 2007. At this time, it would be inappropriate to speculate on what level of control would be promulgated for these engines.

We are aware of stationary engines as small as 650 HP that are equipped with addon HAP control devices. We feel our database represented the population of engines between 500 HP and 1100 HP reasonably well, so we do not feel it is appropriate to defer regulation of these engines to a later rule. Therefore, we do not feel it is appropriate to defer the regulation of engines up to 1100 HP for 2SLB engines, or to include such engines in a separate subcategory. Although 650 HP is the smallest size unit that is known to have addon HAP control, we feel it is appropriate to limit the deferral to engines 500 HP or less because the control technology used for 650 HP units can be transferred to units at least as small as 500 HP in size. Oxidation catalyst technology is not limited to engines greater than 650 HP in size. In fact, information received during the public comment period supports our conclusion, where several engines rated at 400 HP were equipped with oxidation catalyst control. Our deferral of engine regulation was based on the type of engines used below 500 HP and whether our database was adequate for such engines. We feel our database for engines above 500 HP was adequate and that, in any case, the final rule for these engines is adequately justified in the record. The commenter does not adequately provide particular reasons to justify placing engines between 500 and 650 HP in a different subcategory from larger engines, and we
[[Page 33482]]
do not feel such subcategorization has been shown to be appropriate.

Comment: One commenter asserted that the rule should be more explicit as to whether the 500 HP capacity level for exception from the rule and 5,000 HP capacity level for enhanced monitoring applies to an individual engine or applies to the aggregate capacity of a group of engines.

Response: We intended for the 500 HP capacity level to apply to an individual engine, not the aggregate capacity of a group of engines. Similarly, the 5,000 HP capacity level for enhanced monitoring was intended to apply to an individual engine. However, we have not included a CO CEMS requirement in the final rule. Sources are free to use CO CEMS to demonstrate compliance; however, CO CEMS are not required.

Comment: One commenter contended that the MACT should consider exempting any RICE using landfill gas. A diesel engine can operate at a landfill in a dual fuel mode using fuel oil and landfill gas. Tests have shown that a catalytic converter cannot be used because of siloxanes in the landfill gas, even if the engine operates with more than half the energy being supplied by the liquid fuel.

Response: In the proposed rule, we established a subcategory for landfill or digester gas fired units and defined the subcategory as those stationary RICE that combust digester gas or landfill gas as the primary fuel. In the proposed rule, these units did not have to meet any emission limitation requirements but were subject to the initial notification requirements. We agree with the commenters supporting the proposed approach to landfill and digester gas fired engines. We agree that neither control technology, fuel switching, or other practices would be an appropriate or workable strategy for reducing HAP from these engines. We agree with the commenter that problems will occur when using landfill gas because of siloxanes in the fuel, even if the engine operates with more than half the energy being supplied by the liquid fuel. Therefore, we contacted sanitation districts and catalyst vendors for information. Based on the information obtained, we feel that firing greater than 10 percent landfill gas or digester gas will cause fouling of the oxidation catalyst, rendering the control device inoperable within a short period of time. All the sources we contacted indicated that there would be problems associated with catalyst deactivation due to siloxanes present in landfill gas and digester gas. Information regarding landfill and digester gas is presented in a memorandum included in the rule docket (Docket ID Nos. OAR20020059 and A9535). While most units will operate using landfill or digester gas consumption above 50 percent of the time, there are times when such units may need to operate significantly below 50 percent landfill or digester gas consumption. We feel a cutoff level of 10 percent of gross heat input is an appropriate level for defining these units, because operation below that percentage raises significant questions regarding whether the unit is still appropriately considered to be operating as a landfill or digester gas burning unit, and would raise concerns regarding circumvention of the requirements for other new units. In the final rule, we have redefined the subcategory as those engines with annual landfill gas or digester gas consumption of 10 percent or more of the gross heat input on an annual basis. New and reconstructed engines in this subcategory must only comply with limited requirements of the final rule. Engines with an annual landfill gas or digester gas consumption of less than 10 percent of the gross heat input on an annual basis are subject to applicable emission limitations of the final rule in addition to other requirements.

Comment: Multiple commenters stated that a limited use category with a capacity utilization of 10 percent or less (876 or fewer hours of annual operation) should be included. One commenter suggested using a flat annual threshold level of 1,000 hours per year in lieu of 10 percent usage. Another commenter recommended that the category include all units, not only peak shaving units. Several commenters argued that the 50 hours per year may not be sufficient. Some commenters noted that testing and maintenance should be included and not counted towards the 50 hours per year. Two commenters recommended at least 250 hours per year. One commenter recommended a 52 hour limit for routine maintenance and testing, then have no limit for true emergency use. Similarly, other commenters expressed that since routine or unscheduled maintenance and testing could require unknown time to complete, there should be no time limits on the use of emergency stationary RICE. Several commenters suggested 100 hours per year for emergency generators. One commenter stated that the subcategory should be redefined to include RICE that operate less than 500 hours per year. Two commenters remarked that setting this exemption at 50 hours per year down from the 100 or 200 hours per year commonly seen in many State air pollution regulations, could have the net effect of increasing pollution by not allowing sufficient operating time for the engine to burn off hard deposits. Several commenters stated that the limited use definition for RICE should be separated from the emergency power definition since these are really different applications. Two commenters stated that the operation of emergency power units should not be limited to only those times when the primary power source has been interrupted, but rather not timerestricted at all, providing the primary design purpose of the unit is to provide emergency backup services, fire water, etc. One commenter asked that EPA clarify the definition of emergency/limited use engines as to whether loss power that constitutes an emergency is limited to power supplied to the facility as a whole or includes power supplied to portions of the facility. One commenter suggested that EPA revise the definition of emergency power RICE to clarify the intent of the rule as the current definition does not adequately encompass the wide array of emergency uses of engines. One commenter felt that the description of an emergency engine is too restrictive. The emergency use description should describe more power loss emergencies than those affecting an entire facility at once. The definition should also include uses for additional emergency types beyond power loss emergencies, e.g., fuel and raw material curtailments or fuel shortage emergencies applied by governments, utilities, or other suppliers may require the need to temporarily operate an engine, or some equipment may be operated to fight fires (firewater pumps). Neither of these examples represent loss of power, but are still unplanned events.

One commenter stated that the definition should be clarified, or extended, to allow for operations in anticipation of an emergency situation. One commenter remarked that this class of RICE (engines having a capacity utilization of less than 10 percent) would operate mostly in the summer months when the public is more likely to be impacted by the emissions. Acetaldehyde, acrolein, and formaldehyde all have documented shortterm acute health effects. The EPA has failed to identify shortterm health effects throughout any of the risk analysis proposals. The commenter asserted that any subcategorization of these engines without controls is not protective of public health.

One commenter suggested eliminating from the definition the reference to ``when the primary power source has been rendered inoperable.'' There are emergency conditions where the
[[Page 33483]]
primary power source is still operable, but the emergency condition necessitates the startup of engines (e.g., firewater pumps during a unit fire, instrument air backup engines). Another option would be to add the words ``or is insufficient for an emergency situation'' after the primary power source comment.

Response: The preamble to the proposed rule proposed a subcategory for limited use stationary RICE and defined them as operating 50 hours or less per year. Comments received indicated that the proposed 50 hours per year for limited use units was not sufficient and that many limited use engines would exceed the 50 hours per year just by routine testing and maintenance of the engine for readiness purposes. For this reason, we feel that few owners and operators would find this allowance useful and would not serve a purpose except to cover periods of testing and maintenance. We have, therefore, found it appropriate to increase the number of hours for limited use operation. We have specified in the final rule that limited use stationary RICE are stationary RICE that operate less than 100 hours per year. For limited use units, operation during routine testing and maintenance is counted towards the 100 hours per year.

In the preamble to

FOR FURTHER INFORMATION CONTACT For further information concerning applicability and rule determinations, contact the appropriate State or local agency representative. For information concerning the analyses performed in developing the NESHAP, contact Mr. Sims Roy, Combustion Group, Emission Standards Division (MDC43901), U.S. EPA, Research Triangle Park, North Carolina 27711; telephone number (919) 5415263; facsimile number (919) 5415450; electronic mail address
roy.sims@epa.gov
.

Your Ad Here
Your Ad Here

©2004,2005,2006 theFederalRegister.com