[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Proposed Rules]
[Pages 12923-12926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5195]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0708, FRL-9277-4]
RIN 2060-AQ78


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: EPA is taking action to propose 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 action proposes to amend certain regulatory text to clarify 
compliance requirements related to continuous parameter monitoring 
systems. EPA is also proposing to correct minor typographical errors in 
the regulatory text to the August 20, 2010, action.

DATES: Comments. Comments must be received on or before April 8, 2011, 
or 30 days after date of public meeting if one is requested.
    Public Meeting. If anyone contacts us requesting to speak at a 
public meeting by March 16, 2011, a public meeting will be held on 
March 24, 2011. If you are interested in attending the public meeting, 
contact Ms. Pamela Garrett at (919) 541-7966 to verify that a meeting 
will be held.

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

FOR FURTHER INFORMATION CONTACT: 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 king.melanie@epa.gov.

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

I. General Information
    A. What entities are potentially affected by this action?
B. What should I consider as I prepare my comments for EPA?
II. Direct 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

[[Page 12924]]

I. General Information

A. What entities are potentially affected by this action?

    Categories and entities potentially regulated by this action 
include:

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

This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your engine is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.6585. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

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

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

II. Direct Final Rule

    A direct final rule that would make the same changes as those 
proposed in this notice is published in the Rules and Regulations 
section of this Federal Register. EPA is taking direct final action on 
the proposed amendments because we view the amendments as 
noncontroversial and anticipate no significant adverse comments. EPA 
has explained our reasons for the amendments in the direct final rule. 
If no significant adverse comments are received, no further action will 
be taken on the proposal, and the direct final rule will become 
effective as provided in that action.
    If EPA receives significant adverse comments, we will withdraw only 
those provisions on which we received those comments. EPA will publish 
a timely withdrawal in the Federal Register indicating which provisions 
will become effective and which provisions are being withdrawn. If part 
or the entire direct final rule in the Rules and Regulations section of 
this Federal Register is withdrawn, all comments pertaining to those 
provisions will be addressed in a subsequent final rule based on the 
proposed amendments. EPA will not institute a second comment period on 
the subsequent final action. Any parties interested in commenting must 
do so at this time.
    The changes to the regulatory text proposed in this notice are 
identical to that for the direct final rule published in the Rules and 
Regulations section of this Federal Register. For further supplementary 
information, the detailed rationale for the proposal and the regulatory 
revisions, see the direct final rule published in a separate part of 
this Federal Register.

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 proposed 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).

[[Page 12925]]

However, the final rule promulgated on August 20, 2010, was reviewed by 
OMB.

B. Paperwork Reduction Act

    This action would not impose any new information collection burden. 
This action proposes to add 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 proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities because it 
does not add any additional regulatory requirements because this action 
only clarifies the existing compliance requirements and corrects 
typographical errors. We continue to be interested in the potential 
impacts of this proposed rule on small entities and welcome comments on 
issues related to such impacts.

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 proposed 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 proposed rule is not subject to the requirements of 
section 202 and 205 of the UMRA.
    This proposed 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 
proposed 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 proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. 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 proposed rule does not have Tribal implications, as specified 
in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not 
have substantial direct effects on Tribal governments, on the 
relationship between the Federal government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian Tribes, as specified in Executive Order 13175. 
The proposed 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 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

[[Page 12926]]

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.
    This proposed 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.

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.
[FR Doc. 2011-5195 Filed 3-8-11; 8:45 am]
BILLING CODE 6560-50-P