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EPA/OAR RIN: 2060-AV76 Publication ID: Spring 2022 
Title: ●National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; New Source Performance Standards for Stationary Internal Combustion Engines; Court Vacatur 
Abstract:

This action corrects the Code of Federal Regulations to remove regulatory text vacated in the 2015 D.C. Circuit Court decision in Delaware Department of Natural Resources and Environmental Control v. EPA. That decision vacated paragraphs 40 CFR 60.4211(f)(2)(ii)-(iii) in the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE NESHAP) and paragraphs 60.4243(d)(2)(ii)-(iii) and 63.6640(f)(2)(ii)-(iii) in the New Source Performance Standards for Stationary Internal Combustion Engines (ICE NSPS). Those paragraphs specified that emergency engines could operate for emergency demand response or during periods where there is a deviation of voltage or frequency. The state of Delaware and other industry and environmental groups filed petitions seeking judicial review of those provisions. In response to these petitions, the D.C. Circuit Court vacated those provisions in the RICE NESHAP and ICE NSPS in 2015. The court granted EPA’s motion to stay issuance of its mandate until May 2016 to allow engine owners to take the necessary measures to bring their engines into compliance with the regulations. Upon issuance of the court’s mandate, the vacated provisions ceased to have any legal effect, and engines that were operating for any number of hours per year for the circumstances described in the vacated provisions were required to comply with the emission standards and other applicable requirements for non-emergency engines. This ministerial rule revises the RICE NESHAP and ICE NSPS to conform to the court’s order.

 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR part 60, subpart IIII    40 CFR part 63, subpart ZZZZ     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 7411 Clean Air Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Rule  07/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 22112 Electric Power Transmission, Control, and Distribution 
RIN Data Printed in the FR: No 
Agency Contact:
Melanie King
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-2469
Email: king.melanie@epa.gov

Nick Hutson
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-2968
Email: hutson.nick@epa.gov