Unknown. Final rule

7,497 words·~34 min read·/register/2022/08/10/2022-17060·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2022-08-10.xml --- 87 153 Wednesday, August 10, 2022 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES List of Regions Affected with Highly Pathogenic Avian Influenza: Addition of the Kingdom of Lesotho, the Republic of Benin, and the Republic of Botswana, 48619-48620 2022-17192 Centers Disease Centers for Disease Control and Prevention NOTICES Single-Source Cooperative Agreement:

India Council of Medical Research and ICMR Institutions: National Institute of Virology, Pune and National Institute of Epidemiology, Chennai; Cancellation, 48663 2022-17171 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Alternative Payment Model Incentive Payment Advisory for Clinicians—Request for Current Billing Information for Qualifying Participants, 48609-48610 2022-17186 Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2023 Rates; etc., 48780-49499 2022-16472 Suspension of Required Prior Authorization for Certain Durable Medical Equipment, Prosthetics, Orthotics, and Supplies Items under Certain Circumstances, 48609 2022-17187 NOTICES Meetings:

Advisory Panel on Outreach and Education, 48663-48665 2022-17185 Civil Rights Civil Rights Commission NOTICES Meetings: Maine Advisory Committee, 48620 2022-17164 Wyoming Advisory Committee, 48620-48621 2022-17165 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Department Defense Department RULES Acquisition Regulations: Federal Acquisition Circular 2022-07;

Introduction, 49502 2022-17069 Federal Acquisition Circular 2022-07; Small Entity Compliance Guide, 49503 2022-17071 Technical Amendments, 49502-49503 2022-17070 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Cambrex Charles City, 48692-48693 2022-17175 Epic Pharma, LLC, 48693-48694 2022-17178 Lipomed, 48692 2022-17174 VA Cooperative Studies Program, 48693 2022-17177 Education Department Education Department NOTICES Meetings:

National Advisory Council on Indian Education, 48651-48652 2022-17115 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application: Energia Sierra Juarez U.S. Transmission, LLC, 48652-48653 2022-17188 Environmental Protection Environmental Protection Agency RULES National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines: New Source Performance Standards for Stationary Internal Combustion Engines;

Court Vacatur, 48603-48608 2022-17060 NOTICES Proposed Settlement: Clean Water Act Claim, 48659-48661 2022-17197 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48661-48662 2022-17183 Meetings: Deletion of Item, 48662 2022-17182 Deletion of Items, 48661 2022-17181 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Georgia Power Co., 48656-48657 2022-17128 Great River Hydro, LLC;

Settlement Agreement, 48657-48658 2022-17152 Pacific Gas and Electric Co., 48653-48654 2022-17127 Southern California Edison Co., 48658-48659 2022-17126 Combined Filings, 48654-48656, 48658 2022-17149 2022-17153 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 48662-48663 2022-17163 Intent to Terminate, 48663 2022-17166 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Hearing, 48749-48751 2022-17146 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 48663 2022-17193 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species:

Proposed Habitat Conservation Plan Amendment and Associated Documents; County of San Diego, CA: Incidental Take Permit Application, 48684-48686 2022-17200 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data to Support Social and Behavioral Research, 48665-48667 2022-17155 Environmental Impact Considerations, 48677-48678 2022-17154 Exemptions from Substantial Equivalence Requirements for Tobacco Products, 48669-48671 2022-17184 Mammography Quality Standards Act Requirements, 48678-48681 2022-17151 Patent Term Restoration;

Due Diligence Petitions; Filing, Format, and Content of Petitions, 48667-48669 2022-17147 Food and Drug Administration Modernization Act: Modifications to the List of Recognized Standards, Recognition List Number: 058, 48671-48676 2022-17150 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 48771-48773 2022-17148 General Services General Services Administration RULES Acquisition Regulations: Federal Acquisition Circular 2022-07;

Introduction, 49502 2022-17069 Federal Acquisition Circular 2022-07; Small Entity Compliance Guide, 49503 2022-17071 Technical Amendments, 49502-49503 2022-17070 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See U.S.

Citizenship and Immigration Services Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See National Park Service Internal Revenue Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panel Joint Committee, 48774 2022-17087 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 48773 2022-17092 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 48773 2022-17094 Taxpayer Advocacy Panel's Notices and Correspondence Project Committee, 48774 2022-17095 Taxpayer Advocacy Panel's Special Projects Committee, 48774 2022-17086 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee, 48774-48775 2022-17093 Taxpayer Advocacy Panel's Toll-Free Phone Lines Project Committee, 48773-48774 2022-17088 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China, 48621-48622 2022-17198 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Bar Code Scanners, Mobile Computers with Bar Code Scanning Capabilities, Scan Engines, and Components Thereof, 48689-48690 2022-17110 Certain Composite Baseball and Softball Bats and Components Thereof, 48690-48692 2022-17111 Certain Networking Devices, Computers, and Components Thereof and Systems Containing the Same, 48688-48689 2022-17196 Urea Ammonium Nitrate Solutions from Russia and Trinidad and Tobago, 48689 2022-17195 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Amendment to Consent Decree under the Clean Water Act, 48694 2022-17180 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Temporary Closure of Public Lands: 2022 Rise Lantern Festival in Clark County, NV, 48686-48687 2022-17124 Maritime Maritime Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Effective United States Control/Parent Company, 48751 2022-17137 NASA National Aeronautics and Space Administration RULES Acquisition Regulations: Federal Acquisition Circular 2022-07; Introduction, 49502 2022-17069 Federal Acquisition Circular 2022-07; Small Entity Compliance Guide, 49503 2022-17071 Technical Amendments, 49502-49503 2022-17070 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:

Collins Bus Corp., Denial, 48756-48760 2022-17135 Daimler Trucks North America, LLC; Denial, 48752-48756 2022-17132 Hercules Tire and Rubber Co., 48760-48761 2022-17131 North America Subaru, Inc.; Denial, 48764-48768 2022-17130 Petition for Exemption from the Federal Motor Vehicle Theft Prevention Standard: Ford Motor Co., 48768-48770 2022-17106 Mazda Motor Corp., 48761-48764 2022-17105 National Indian National Indian Gaming Commission PROPOSED RULES Appeals to the Commission, 48615-48617 2022-16976 Definitions, Background Investigation, and Gaming Licenses for Primary Management Officials and Key Employees, 48613-48615 2022-16977 National Institute National Institute of Standards and Technology NOTICES Meetings:

Manufacturing Extension Partnership Advisory Board, 48623 2022-17136 National Institute National Institutes of Health NOTICES Meetings: National Institute of Biomedical Imaging and Bioengineering, 48682-48683 2022-17142 National Institute of General Medical Sciences, 48682 2022-17084 National Institute of Nursing Research, 48681-48682 2022-17143 National Institute on Aging, 48682 2022-17083 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Blackspotted and Rougheye Rockfish in the Central Aleutian and Western Aleutian Districts of the Bering Sea and Aleutian Islands Management Area, 48611-48612 2022-17160 Reef Fish Fishery of the Gulf of Mexico: 2022 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper, 48610-48611 2022-17157 PROPOSED RULES Fisheries of the Northeastern United States: Amendment 20 to the Atlantic Surfclam and Ocean Quahog Fishery Management Plan, 48617-48618 2022-17179 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Pribilof Islands, Taking for Subsistence Purposes, 48648-48649 2022-17201 Meetings: Pacific Fishery Management Council, 48648, 48650 2022-17090 2022-17091 Permits; Applications, Issuances, etc.: Marine Mammals; File No. 26678, 48649-48650 2022-17144 Requests for Nominations: American Fisheries Advisory Committee, 48650-48651 2022-17162 Taking or Importing of Marine Mammals: In-Water Construction at Two Ferry Facilities on Bainbridge Island, WA, 48623-48648 2022-17141 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 48687-48688 2022-17145 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, 48697-48699 2022-17170 Uniform Low-Level Radioactive Waste Manifest (Shipping Paper) and Continuation Page, 48700-48701 2022-17169 Uniform Low-Level Radioactive Waste Manifest Container and Waste Description and Continuation Page, 48696-48697 2022-17168 Uniform Low-Level Radioactive Waste Manifest Index and Regional Compact Tabulation and Continuation Page, 48699-48700 2022-17167 Meetings:

Advisory Committee on Reactor Safeguards, 48695-48696 2022-17161 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: National Advisory Committee on Occupational Safety and Health, 48694-48695 2022-17121 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Natural Gas Pipeline Co. of America, LLC; Special Permit, 48770-48771 2022-17133 Postal Service Postal Service NOTICES Product Change: Priority Mail Negotiated Service Agreement, 48701-48702 2022-17172 2022-17173 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Health Center Week (Proc. 10428), 48601-48602 2022-17297 Securities Securities and Exchange Commission NOTICES Application: CION Investment Corp., et al., 48721 2022-17114 New Mountain Capital, LLC, et al., 48734-48735 2022-17113 Runway Growth Finance Corp., et al., 48744 2022-17118 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 48744-48747 2022-17104 Cboe BZX Exchange, Inc., 48738 2022-17098 MEMX, LLC, 48721-48734 2022-17097 MIAX PEARL, LLC, 48702-48715 2022-17096 New York Stock Exchange, LLC, 48741-48744 2022-17099 NYSE American, LLC, 48716-48718 2022-17100 NYSE Arca, Inc., 48738-48741 2022-17103 NYSE Chicago, Inc., 48735-48738 2022-17101 NYSE National, Inc., 48718-48721 2022-17102 State Department State Department NOTICES Bureau of Political-Military Affairs:

Statutory Debarment under the Arms Export Control Act and the International Traffic in Arms Regulations, 48748-48749 2022-17123 Meetings: U.S. President's Emergency Plan for AIDS Relief Scientific Advisory Board, 48747-48748 2022-17085 Substance Substance Abuse and Mental Health Services Administration NOTICES Approval of Entities that Certify Medical Review Officers, 48683 2022-17156 Transportation Department Transportation Department See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See United States Mint U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: MyAppointment, 48683-48684 2022-17116 U.S. Mint United States Mint NOTICES Requests for Nominations: Citizens Coinage Advisory Committee, 48775-48776 2022-17089 2022-17108 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Authorization to Disclose Personal information to a Third Party—Education Benefits, 48777-48778 2022-17199 Privacy Act;

Matching Program, 48776-48777 2022-17191 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 48780-49499 2022-16472 Part III Defense Department, 49502-49503 2022-17069 2022-17071 2022-17070 General Services Administration, 49502-49503 2022-17069 2022-17071 2022-17070 National Aeronautics and Space Administration, 49502-49503 2022-17069 2022-17071 2022-17070 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 153 Wednesday, August 10, 2022 Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA-HQ-OAR-2008-0708; FRL-5300.3-01-OAR] RIN 2060-AV76 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines;

New Source Performance Standards for Stationary Internal Combustion Engines; Court Vacatur AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The Environmental Protection Agency

(EPA)is amending the Code of Federal Regulations

(CFR)to reflect a 2015 court decision regarding the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating Internal Combustion Engines

(RICE)and the New Source Performance Standards

(NSPS)for Stationary Internal Combustion Engines (ICE). The court vacated provisions in the regulations specifying that emergency engines could operate for emergency demand response or during periods where there is a deviation of voltage or frequency. This ministerial rule revises the RICE NESHAP and ICE NSPS to conform to the court's decision. DATES: This final rule is effective on August 10, 2022. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2008-0708. All documents in the docket are listed in *https://www.regulations.gov/.* Although listed, some information is not publicly available, *e.g.,* Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. With the exception of such material, publicly available docket materials are available electronically in *https://www.regulations.gov/* or in hard copy at the EPA Docket Center, Room 3334, WJC West Building, 1301 Constitution Avenue 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 EPA Docket Center is

(202)566-1742. For further information and updates on EPA Docket Center services and current status, please visit us online at *https://www.epa.gov/dockets/.* FOR FURTHER INFORMATION CONTACT: For questions about this action, contact Melanie King, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number:

(919)541-2469; and email address: *king.melanie@epa.gov.* SUPPLEMENTARY INFORMATION: *Organization of this document.* The information in this preamble is organized as follows: I. Why is the EPA issuing this final rule? II. Background III. Which provisions are being amended? IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act

(PRA)C. Regulatory Flexibility Act

(RFA)D. Unfunded Mandates Reform Act

(UMRA)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 (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act

(CRA)I. Why is the EPA issuing this final rule? This action amends the CFR to reflect the 2015 court decision in *Delaware Department of Natural Resources and Environmental Control* v. *EPA,* 785 F.3d 1 (D.C. Cir. 2015) as amended (July 21, 2015), vacating 40 CFR 60.4211(f)(2)(ii) and (iii), 60.4243(d)(2)(ii) and (iii), and 63.6640(f)(2)(ii) and (iii). Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B) provides that, when an agency for good cause finds that notice and public procedures are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. The EPA has determined that there is good cause for amending these provisions without prior proposal and opportunity for public procedures because the correction of the CFR is a ministerial act to effectuate the court order and public notice and comment is unnecessary and would serve no useful purpose. Removal of the vacated paragraphs in the RICE NESHAP (40 CFR part 63 subpart ZZZZ) at 63.6640(f)(2)(ii) and (iii), the Compression Ignition

(CI)ICE NSPS (40 CFR part 60 subpart IIII) at 40 CFR 60.4211(f)(2)(ii) and (iii), and the Spark Ignition

(SI)ICE NSPS (40 CFR part 60 subpart JJJJ) at 60.4243(d)(2)(ii) and

(iii)has no legal effect beyond fulfilling the court's vacatur in *Delaware* v. *EPA* and is ministerial in nature. The court issued the mandate for its decision on May 4, 2016, at which point the vacatur became effective. II. Background The RICE NESHAP and ICE NSPS include a subcategory for emergency engines and specify that to be classified as an emergency engine, an engine must meet certain limitations on its hours of operation in non-emergency situations. The existing regulations provide that hours of operation in non-emergency situations are limited to 100 hours per year and only allowed for specific purposes. On January 30, 2013, the EPA finalized amendments to the RICE NESHAP and ICE NSPS specifying that the non-emergency situations in which emergency engines could be operated included

(1)for emergency demand response during periods in which the Reliability Coordinator under the North American Electric Reliability Corporation

(NERC)Reliability Standard EOP-002-3, Capacity and Energy Emergencies, or other authorized entity as determined by the Reliability Coordinator, has declared an Energy Emergency Alert Level 2 as defined in the NERC Reliability Standard EOP- 002-3 and

(2)periods where there is a deviation of voltage or frequency of 5 percent or greater below standard voltage or frequency. 78 FR 6674, January 30, 2013. The state of Delaware and other industry and environmental groups filed petitions seeking judicial review of the provisions specifying that emergency engines could operate for emergency demand response and during voltage or frequency deviations. In response to these petitions, the U.S. Court of Appeals for the District of Columbia Circuit vacated those provisions in the RICE NESHAP and ICE NSPS in 2015. The court held that the EPA acted arbitrarily and capriciously when it modified the RICE NESHAP and ICE NSPS to specify that emergency engines could operate for up to 100 hours per year for emergency demand response. The court granted the 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 cease operation under such circumstances or comply with the emission standards and other applicable requirements for non-emergency engines. The EPA issued a guidance memorandum explaining the effect of the vacatur 1 and is now amending the RICE NESHAP and ICE NSPS to reflect the court decision. 1 *Guidance on Vacatur of RICE NESHAP and NSPS Provisions for Emergency Engines.* Peter Tsirigotis, OAQPS to EPA Regional Air Enforcement Managers and Regional Air Directors. April 15, 2016. *https://www.epa.gov/sites/default/files/2016-06/documents/ricevacaturguidance041516.pdf.* III. Which provisions are being amended? This final rule amends the RICE NESHAP by removing paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii), the CI ICE NSPS by removing paragraphs 40 CFR 60.4211(f)(2)(ii) and (iii), and the SI ICE NSPS by removing paragraphs 40 CFR 60.4243(d)(2)(ii) and (iii), all of which were vacated by the *Delaware* v. *EPA* decision. The removal of the vacated paragraphs also necessitates revisions to other paragraphs in the ICE NSPS and RICE NESHAP that contained references to the vacated paragraphs or referenced operation of engines categorized as emergency engines for the purpose of emergency demand response, which can no longer occur due to the vacatur. A list of these revisions is provided below. • *40 CFR 60.4211(f):* Remove “emergency demand response” from the paragraph

(f)introductory text and the paragraph (f)(3) introductory text since operation for emergency demand response is no longer allowed for emergency engines; remove reference to the vacated paragraphs (f)(2)(ii) and

(iii)from the paragraph (f)(2) introductory text. • *40 CFR 60.4214(d):* Remove the reference in the paragraph

(d)introductory text to operating for the purposes specified in the vacated paragraphs 40 CFR 60.4211(f)(2)(ii) and (iii); remove paragraphs

(v)and

(vi)which required reporting of operation and contractual obligation for the purposes specified in the vacated paragraphs. • *40 CFR 60.4219:* Revise definition for “emergency stationary internal combustion engine” to remove reference to the vacated paragraphs 40 CFR 60.4211(f)(2)(ii) and

(iii)in paragraph

(3)of the definition. • *40 CFR 60.4243(d):* Remove “emergency demand response” from the paragraph

(d)introductory text and the paragraph (d)(3) introductory text since operation for emergency demand response is no longer allowed for emergency engines; remove reference to the vacated paragraphs (d)(2)(ii) and

(iii)from the paragraph (d)(2) introductory text. • *40 CFR 60.4245(e):* Remove the reference in the paragraph

(e)introductory text to operating for the purposes specified in the vacated paragraphs 40 CFR 60.4243(d)(2)(ii) and (iii); remove paragraphs

(v)and

(vi)which required reporting of operation and contractual obligation for the purposes specified in the vacated paragraphs. • *40 CFR 60.4248:* Revise definition for “emergency stationary internal combustion engine” to remove reference to the vacated paragraphs 40 CFR 60.4243(d)(2)(ii) and

(iii)in paragraph

(3)of the definition. • *40 CFR 63.6585:* Remove reference to operation and contractual obligation for the purposes specified in the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii). • *40 CFR 63.6590:* Remove references in paragraphs (b)(1)(i) and (b)(3)(iii) to operation and contractual obligation for the purposes specified in the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii). • *40 CFR 63.6604:* Remove reference in paragraph

(b)to operation and contractual obligation for the purposes specified in the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii); remove paragraph

(c)since it only applied to an emergency engine that operates or is contractually obligated to be available for the purposes specified in the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and

(iii)and there would no longer be any emergency engines meeting that criteria since operation for those purposes is no longer allowed for emergency engines. • *40 CFR 63.6640:* Remove “emergency demand response” from the paragraph

(f)introductory text, the paragraph (f)(3) introductory text, and the paragraph (f)(4) introductory text since operation for emergency demand response is no longer allowed for emergency engines; remove reference to the vacated paragraphs (f)(2)(ii) and

(iii)from the paragraph (f)(2) introductory text. • *40 CFR 63.6650:* Remove the reference in the paragraph

(h)introductory text to operating for the purposes specified in the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii); remove paragraphs

(v)and

(vi)which required reporting of operation and contractual obligation for the purposes specified in the vacated paragraphs. • *40 CFR 63.6655:* Remove reference in paragraph

(f)to the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii). • *40 CFR 63.6675:* Revise definition for “emergency stationary RICE” to remove reference to the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and

(iii)in paragraph

(3)of the definition. • *Table 7 to subpart ZZZZ:* Remove reference in item 4 to operating for the purposes specified in the vacated paragraphs 40 CFR 63.6640(f)(2)(ii) and (iii). As explained above, removal of these provisions corrects the CFR to conform to the court's decision in *Delaware* v. *EPA* and is ministerial in nature and neither imposes or removes any new requirements. IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at *https://www.epa.gov/laws-regulations/laws-and-executive-orders.* A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget

(OMB)for review. B. Paperwork Reduction Act

(PRA)This action does not impose an information collection burden under the PRA. C. Regulatory Flexibility Act

(RFA)I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, EPA concludes that the impact of concern for this rule is any significant adverse economic impact on small entities and that the agency is certifying that this rule will not have a significant economic impact on a substantial number of small entities because the rule has no net burden on the small entities subject to the rule. This action is ministerial in nature as it codifies a court-issued mandate vacating regulatory provisions. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act

(UMRA)This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. E. Executive Order 13132: Federalism This action 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have Tribal implications as specified in Executive Order 13175. This action presents no additional burden on implementing authorities beyond existing requirements. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This regulatory action is ministerial in nature as it codifies a court issued mandate vacating regulatory provisions and does not have any impact on human health or the environment. K. Congressional Review Act

(CRA)This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary, or contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for this rule in section I of this preamble, including the basis for that finding. List of Subjects 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Reporting and recordkeeping requirements. 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Reporting and recordkeeping requirements. Michael S. Regan, Administrator. For the reasons set forth in the preamble, 40 CFR parts 60 and 63 are amended as follows: PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 1. The authority citation for part 60 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* 42 U.S.C. 7401-7601. Subpart IIII—Standards of Performance for Stationary Compression Ignition Internal Combustion Engines 2. In § 60.4211: a. Revise paragraphs

(f)introductory text and (f)(2) introductory text; b. Remove and reserve paragraphs (f)(2)(ii) and (iii); and c. Revise paragraph (f)(3) introductory text. The revisions read as follows: § 60.4211 What are my compliance requirements if I am an owner or operator of a stationary CI internal combustion engine?

(f)If you own or operate an emergency stationary ICE, you must operate the emergency stationary ICE according to the requirements in paragraphs (f)(1) through

(3)of this section. In order for the engine to be considered an emergency stationary ICE under this subpart, any operation other than emergency operation, maintenance and testing, and operation in non-emergency situations for 50 hours per year, as described in paragraphs (f)(1) through (3), is prohibited. If you do not operate the engine according to the requirements in paragraphs (f)(1) through (3), the engine will not be considered an emergency engine under this subpart and must meet all requirements for non-emergency engines.

(2)You may operate your emergency stationary ICE for the purpose specified in paragraph (f)(2)(i) of this section for a maximum of 100 hours per calendar year. Any operation for non-emergency situations as allowed by paragraph (f)(3) of this section counts as part of the 100 hours per calendar year allowed by this paragraph (f)(2).

(3)Emergency stationary ICE may be operated for up to 50 hours per calendar year in non-emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing provided in paragraph (f)(2) of this section. Except as provided in paragraph (f)(3)(i) of this section, the 50 hours per calendar year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to an electric grid or otherwise supply power as part of a financial arrangement with another entity. 3. Section 60.4214 is amended by revising paragraph

(d)introductory text and removing and reserving paragraphs (d)(1)(v) and (vi). The revision reads as follows: § 60.4214 What are my notification, reporting, and recordkeeping requirements if I am an owner or operator of a stationary CI internal combustion engine?

(d)If you own or operate an emergency stationary CI ICE with a maximum engine power more than 100 HP that operates for the purpose specified in § 60.4211(f)(3)(i), you must submit an annual report according to the requirements in paragraphs (d)(1) through

(3)of this section. 4. Section 60.4219 is amended by revising the definition “Emergency stationary internal combustion engine” to read as follows: § 60.4219 What definitions apply to this subpart? *Emergency stationary internal combustion engine* means any stationary reciprocating internal combustion engine that meets all of the criteria in paragraphs

(1)through

(3)of this definition. All emergency stationary ICE must comply with the requirements specified in § 60.4211(f) in order to be considered emergency stationary ICE. If the engine does not comply with the requirements specified in § 60.4211(f), then it is not considered to be an emergency stationary ICE under this subpart.

(1)The stationary ICE is operated to provide electrical power or mechanical work during an emergency situation. Examples include stationary ICE used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or stationary ICE used to pump water in the case of fire or flood, etc.

(2)The stationary ICE is operated under limited circumstances for situations not included in paragraph

(1)of this definition, as specified in § 60.4211(f).

(3)The stationary ICE operates as part of a financial arrangement with another entity in situations not included in paragraph

(1)of this definition only as allowed in § 60.4211(f)(3)(i). Subpart JJJJ—Standards of Performance for Stationary Spark Ignition Internal Combustion Engines 5. In § 60.4243: a. Revise paragraphs

(d)introductory text and (d)(2) introductory text; b. Remove and reserve paragraphs (d)(2)(ii) and (iii); and c. Revise paragraph (d)(3) introductory text. The revisions read as follows: § 60.4243 What are my compliance requirements if I am an owner or operator of a stationary SI internal combustion engine?

(d)If you own or operate an emergency stationary ICE, you must operate the emergency stationary ICE according to the requirements in paragraphs (d)(1) through

(3)of this section. In order for the engine to be considered an emergency stationary ICE under this subpart, any operation other than emergency operation, maintenance and testing, and operation in non-emergency situations for 50 hours per year, as described in paragraphs (d)(1) through (3), is prohibited. If you do not operate the engine according to the requirements in paragraphs (d)(1) through (3), the engine will not be considered an emergency engine under this subpart and must meet all requirements for non-emergency engines.

(2)You may operate your emergency stationary ICE for the purpose specified in paragraph (d)(2)(i) of this section for a maximum of 100 hours per calendar year. Any operation for non-emergency situations as allowed by paragraph (d)(3) of this section counts as part of the 100 hours per calendar year allowed by this paragraph (d)(2).

(3)Emergency stationary ICE may be operated for up to 50 hours per calendar year in non-emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing provided in paragraph (d)(2) of this section. Except as provided in paragraph (d)(3)(i) of this section, the 50 hours per year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to an electric grid or otherwise supply power as part of a financial arrangement with another entity. 6. Section 60.4245 is amended by revising paragraph

(e)introductory text and removing and reserving paragraphs (e)(1)(v) and (vi). The revision reads as follows: § 60.4245 What are my notification, reporting, and recordkeeping requirements if I am an owner or operator of a stationary SI internal combustion engine?

(e)If you own or operate an emergency stationary SI ICE with a maximum engine power more than 100 HP that operates for the purpose specified in § 60.4243(d)(3)(i), you must submit an annual report according to the requirements in paragraphs (e)(1) through

(3)of this section. 7. Section 60.4248 is amended by revising the definition “Emergency stationary internal combustion engine” to read as follows: § 60.4248 What definitions apply to this subpart? *Emergency stationary internal combustion engine* means any stationary reciprocating internal combustion engine that meets all of the criteria in paragraphs

(1)through

(3)of this definition. All emergency stationary ICE must comply with the requirements specified in § 60.4243(d) in order to be considered emergency stationary ICE. If the engine does not comply with the requirements specified in § 60.4243(d), then it is not considered to be an emergency stationary ICE under this subpart.

(2)The stationary ICE is operated under limited circumstances for situations not included in paragraph

(1)of this definition, as specified in § 60.4243(d).

(3)The stationary ICE operates as part of a financial arrangement with another entity in situations not included in paragraph

(1)of this definition only as allowed in § 60.4243(d)(3)(i). PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 8. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart ZZZZ—National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines 9. Section 63.6585 is amended by revising paragraphs (f)(1) through

(3)to read as follows: § 63.6585 Am I subject to this subpart?

(f)* * *

(1)Existing residential emergency stationary RICE located at an area source of HAP emissions that do not operate for the purpose specified in § 63.6640(f)(4)(ii).

(2)Existing commercial emergency stationary RICE located at an area source of HAP emissions that do not operate for the purpose specified in § 63.6640(f)(4)(ii).

(3)Existing institutional emergency stationary RICE located at an area source of HAP emissions that do not operate for the purpose specified in § 63.6640(f)(4)(ii). 10. Section 63.6590 is amended by revising paragraphs (b)(1)(i) and (b)(3)(iii) to read as follows: § 63.6590 What parts of my plant does this subpart cover?

(b)* * *

(1)* * *

(i)The stationary RICE is a new or reconstructed emergency stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions.

(3)* * *

(iii)Existing emergency stationary RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions. 11. Section 63.6604 is amended by revising paragraph

(b)and removing and reserving paragraph (c). The revision reads as follows: § 63.6604 What fuel requirements must I meet if I own or operate a stationary CI RICE?

(b)Beginning January 1, 2015, if you own or operate an existing emergency CI stationary RICE with a site rating of more than 100 brake HP and a displacement of less than 30 liters per cylinder that uses diesel fuel and operates for the purpose specified in § 63.6640(f)(4)(ii), you must use diesel fuel that meets the requirements in 40 CFR 1090.305 for nonroad diesel fuel, except that any existing diesel fuel purchased (or otherwise obtained) prior to January 1, 2015, may be used until depleted. 12. In § 63.6640: a. Revise paragraphs

(f)introductory text and (f)(2) introductory text; c. Remove and reserve paragraphs (f)(2)(ii) and (iii); and d. Revise paragraph (f)(3) and paragraph (f)(4) introductory text. The revisions read as follows: § 63.6640 How do I demonstrate continuous compliance with the emission limitations, operating limitations, and other requirements?

(f)If you own or operate an emergency stationary RICE, you must operate the emergency stationary RICE according to the requirements in paragraphs (f)(1) through

(4)of this section. In order for the engine to be considered an emergency stationary RICE under this subpart, any operation other than emergency operation, maintenance and testing, and operation in non-emergency situations for 50 hours per year, as described in paragraphs (f)(1) through (4), is prohibited. If you do not operate the engine according to the requirements in paragraphs (f)(1) through (4), the engine will not be considered an emergency engine under this subpart and must meet all requirements for non-emergency engines.

(2)You may operate your emergency stationary RICE for the purpose specified in paragraph (f)(2)(i) of this section for a maximum of 100 hours per calendar year. Any operation for non-emergency situations as allowed by paragraphs (f)(3) and

(4)of this section counts as part of the 100 hours per calendar year allowed by this paragraph (f)(2).

(3)Emergency stationary RICE located at major sources of HAP may be operated for up to 50 hours per calendar year in non-emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing provided in paragraph (f)(2) of this section. The 50 hours per year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to supply power to an electric grid or otherwise supply power as part of a financial arrangement with another entity.

(4)Emergency stationary RICE located at area sources of HAP may be operated for up to 50 hours per calendar year in non-emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing provided in paragraph (f)(2) of this section. Except as provided in paragraphs (f)(4)(i) and

(ii)of this section, the 50 hours per year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to an electric grid or otherwise supply power as part of a financial arrangement with another entity. 13. Section 63.6650 is amended by revising paragraph

(h)introductory text and removing and reserving paragraphs (h)(1)(v) and (vi). The revision reads as follows: § 63.6650 What reports must I submit and when?

(h)If you own or operate an emergency stationary RICE with a site rating of more than 100 brake HP that operates for the purpose specified in § 63.6640(f)(4)(ii), you must submit an annual report according to the requirements in paragraphs (h)(1) through

(3)of this section. 14. Section 63.6655 is amended by revising paragraph

(f)introductory text to read as follows: § 63.6655 What records must I keep?

(f)If you own or operate any of the stationary RICE in paragraphs (f)(1) through

(2)of this section, you must keep records of the hours of operation of the engine that is recorded through the non-resettable hour meter. The owner or operator must document how many hours are spent for emergency operation, including what classified the operation as emergency and how many hours are spent for non-emergency operation. If the engine is used for the purpose specified in § 63.6640(f)(4)(ii), the owner or operator must keep records of the notification of the emergency situation, and the date, start time, and end time of engine operation for these purposes. 15. Section 63.6675 is amended by revising the definition “Emergency stationary RICE” to read as follows: § 63.6675 What definitions apply to this subpart? *Emergency stationary RICE* means any stationary reciprocating internal combustion engine that meets all of the criteria in paragraphs

(1)through

(3)of this definition. All emergency stationary RICE must comply with the requirements specified in § 63.6640(f) in order to be considered emergency stationary RICE. If the engine does not comply with the requirements specified in § 63.6640(f), then it is not considered to be an emergency stationary RICE under this subpart.

(1)The stationary RICE is operated to provide electrical power or mechanical work during an emergency situation. Examples include stationary RICE used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or stationary RICE used to pump water in the case of fire or flood, etc.

(2)The stationary RICE is operated under limited circumstances for situations not included in paragraph

(1)of this definition, as specified in § 63.6640(f).

(3)The stationary RICE operates as part of a financial arrangement with another entity in situations not included in paragraph

(1)of this definition only as allowed in § 63.6640(f)(4)(i) or (ii). 16. Table 7 to subpart ZZZZ of part 63 is revised to read as follows: Table 7 to Subpart ZZZZ of Part 63—Requirements for Reports As stated in § 63.6650, you must comply with the following requirements for reports: For each . . . You must submit a . . . The report must contain . . . You must submit the report . . . 1. Existing non-emergency, non-black start stationary RICE 100≤HP≤500 located at a major source of HAP; existing non-emergency, non-black start stationary CI RICE >500 HP located at a major source of HAP; existing non-emergency 4SRB stationary RICE >500 HP located at a major source of HAP; existing non-emergency, non-black start stationary CI RICE >300 HP located at an area source of HAP; new or reconstructed non-emergency stationary RICE >500 HP located at a major source of HAP; and new or reconstructed non-emergency 4SLB stationary RICE 250≤HP≤500 located at a major source of HAP Compliance report a. If there are no deviations from any emission limitations or operating limitations that apply to you, a statement that there were no deviations from the emission limitations or operating limitations during the reporting period. If there were no periods during which the CMS, including CEMS and CPMS, was out-of-control, as specified in § 63.8(c)(7), a statement that there were not periods during which the CMS was out-of-control during the reporting period; or i. Semiannually according to the requirements in § 63.6650(b)(1)-(5) for engines that are not limited use stationary RICE subject to numerical emission limitations; and ii. Annually according to the requirements in § 63.6650(b)(6)-(9) for engines that are limited use stationary RICE subject to numerical emission limitations. b. If you had a deviation from any emission limitation or operating limitation during the reporting period, the information in § 63.6650(d). If there were periods during which the CMS, including CEMS and CPMS, was out-of-control, as specified in § 63.8(c)(7), the information in § 63.6650(e); or i. Semiannually according to the requirements in § 63.6650(b). c. If you had a malfunction during the reporting period, the information in § 63.6650(c)(4) i. Semiannually according to the requirements in § 63.6650(b). 2. New or reconstructed non-emergency stationary RICE that combusts landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis Report a. The fuel flow rate of each fuel and the heating values that were used in your calculations, and you must demonstrate that the percentage of heat input provided by landfill gas or digester gas, is equivalent to 10 percent or more of the gross heat input on an annual basis; and i. Annually, according to the requirements in § 63.6650. b. The operating limits provided in your federally enforceable permit, and any deviations from these limits; and i. See item 2.a.i. c. Any problems or errors suspected with the meters i. See item 2.a.i. 3. Existing non-emergency, non-black start 4SLB and 4SRB stationary RICE >500 HP located at an area source of HAP that are not remote stationary RICE and that operate more than 24 hours per calendar year Compliance report a. The results of the annual compliance demonstration, if conducted during the reporting period i. Semiannually according to the requirements in § 63.6650(b)(1)-(5). 4. Emergency stationary RICE that operate for the purposes specified in § 63.6640(f)(4)(ii) Report a. The information in § 63.6650(h)(1) i. annually according to the requirements in § 63.6650(h)(2)-(3). [FR Doc. 2022-17060 Filed 8-9-22; 8:45 am]

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