[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Proposed Rules]
[Pages 60341-60343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24379]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0708, FRL-9736-7]
RIN 2060-AQ58


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: The EPA is reopening the public comment period for the 
proposed amendments to the National Emission Standards for Hazardous 
Air Pollutants for Stationary Reciprocating Internal Combustion Engines 
to solicit comment on specific issues raised during the initial public 
comment period regarding existing engines on offshore vessels.

DATES: Comments. Comments must be received on or before November 2, 
2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0708, by one of the following methods:

[[Page 60342]]

     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460. Please include a total of two copies. 
The 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. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at 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 www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov, your email 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, the 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 the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption and be free of any 
defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. The EPA also relies on documents in Docket 
ID Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, EPA-HQ-OAR-2005-
0030 and EPA-HQ-OAR-2010-0295, 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 www.regulations.gov or in hard copy at the Air and Radiation Docket, 
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
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; email 
address king.melanie@epa.gov.

SUPPLEMENTARY INFORMATION: On June 7, 2012, the EPA published in the 
Federal Register the proposed rule, ``National Emission Standards for 
Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; 
New Source Performance Standards for Stationary Internal Combustion 
Engines'' (77 FR 33812). The June 7, 2012, action proposed to make 
specific amendments to the national emission standards for hazardous 
air pollutants (NESHAP) for stationary reciprocating internal 
combustion engines (RICE), as well as other regulations. The EPA 
received comments during the public comment period recommending that 
the RICE NESHAP be amended such that for any existing compression 
ignition (CI) RICE on offshore drilling vessels on the Outer 
Continental Shelf (OCS) that become subject to the RICE NESHAP as a 
result of the operation of the OCS regulations (40 CFR part 55), such 
engines may meet the NESHAP through management practices rather than 
numeric emission limits.\1\ This amendment was not contained or 
contemplated in the proposal that was published on June 7, 2012. 
However, the comments indicate several significant issues related to 
application of the NESHAP to regulation of existing marine vessel 
engines located in the OCS as a result of the OCS regulations; in 
particular, whether the numerical standards applicable to other CI 
engines located at area sources (marine vessels located in the OCS are 
generally located at area sources) are technologically feasible for 
existing marine engines located in the OCS. Some commenters note 
specific technological issues relevant to engines on marine vessels in 
the OCS. Commenters suggest that, to the extent marine vessel engines 
become subject to the NESHAP as a result of the OCS regulations, they 
should be subject to generally available control technology (GACT) 
requirements that they believe are more appropriate for these types of 
engines. Given the significance of these issues, the EPA believes it is 
appropriate to request comment on these issues in the context of this 
rulemaking.
---------------------------------------------------------------------------

    \1\ See document numbers EPA-HQ-OAR-2008-0708-0965 (comment from 
BHP Billiton Petroleum), EPA-HQ-OAR-2008-0708-1004 at p. 3 (comment 
from Truck and Engine Manufacturers Association), EPA-HQ-OAR-2008-
0708-1020 (comment from Anadarko Petroleum Corporation), EPA-HQ-OAR-
2008-0708-1071 (comment from Offshore Operators Committee), EPA-HQ-
OAR-2008-0708-1105 at p. 6 (comment from American Petroleum 
Institute), and EPA-HQ-OAR-2008-0708-1145 at p. 2 (comment from 
Alaska Oil and Gas Association).
---------------------------------------------------------------------------

    The RICE NESHAP does not on its face apply to mobile sources, 
including marine vessels. However, OCS Air Regulations, codified at 40 
CFR part 55, specify that vessels are OCS sources when they are (1) 
permanently or temporarily attached to the seabed and erected thereon 
and used for the purpose of exploring, developing or producing 
resources therefrom, within the meaning of section 4(a)(1) of the OCS 
Lands Act (43 U.S.C. Sec.  1331, et seq.); or (2) physically attached 
to an OCS facility, in which case only the stationary sources aspects 
of the vessels will be regulated. 40 CFR 55.2. In addition, the OCS 
regulations provide that NESHAP requirements apply to a marine vessel 
that is an OCS source where the provisions are ``rationally related to 
the attainment and maintenance of the Federal or State ambient air 
quality standards or the requirements of part C of title I of the 
Act.'' 40 CFR 55.13(e). As a result, the commenters have requested that 
any marine vessel that becomes subject to the requirements of the RICE 
NESHAP as a result of the operation of 40 CFR part 55, be subject to 
maintenance-based management practices similar to those proposed for 
remote spark ignition (SI) engines, rather than the numerical emission 
limits otherwise applicable. The commenters indicated that these 
management practices are more appropriate as GACT for existing 
stationary CI RICE on vessels operating on the OCS. The management 
practices proposed for remote SI engines and

[[Page 60343]]

currently required in the rule for smaller CI engines include changing 
the oil and filter, inspecting the air cleaner or spark plugs and 
inspecting all hoses and belts within specified intervals. Facilities 
have the option of using an oil analysis program to extend the oil 
change requirement. The EPA requests comment on the information 
provided in the public comments regarding compliance by existing 
stationary CI RICE on vessels operating on the OCS with the current 
RICE NESHAP emission limits, in particular, the comments related to 
technological feasibility.

How can I get copies of this document and other related information?

    The EPA has established a docket for the proposed rule, ``National 
Emission Standards for Hazardous Air Pollutants for Reciprocating 
Internal Combustion Engines; New Source Performance Standards for 
Stationary Internal Combustion Engines'' under Docket ID No. EPA-HQ-
OAR-2008-0708, available at www.regulations.gov.

List of Subjects in 40 CFR Part 63

    Environmental Protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: September 25, 2012.
Gina McCarthy,
Assistant Administrator.
[FR Doc. 2012-24379 Filed 10-2-12; 8:45 am]
BILLING CODE 6560-50-P