reporting requirements. Therefore, the total estimated cost of this
action, beyond the costs that would have been incurred by industry
pursuant to the regulations in effect prior to this final rule, is
$4,029 annually.

D. What are the economic impacts?

    Economic impact analyses focus on changes in market prices and
output levels. If changes in market prices and output levels in the
primary markets are significant enough, impacts on other markets may
also be examined. Both the magnitude of costs associated with a

rule and the distribution of those costs among affected facilities can
have a role in determining how the market will change in response to
the rule. As presented in section VI.C of this preamble, the total
estimated cost of this final rule is approximately $4,029 annually.
These costs are not expected to result in a significant market impact,
regardless of whether they are passed on to the purchaser or absorbed
by the firms.

E. What are the benefits?

    The EPA is not finalizing changes to the emission limit
requirements and estimates the proposed changes to SSM, recordkeeping,
reporting, and monitoring are not economically significant. Because
these final amendments are not considered economically significant, as
defined by Executive Order 12866, and because no emission reductions
were estimated, we did not estimate any benefits from reducing
emissions.

F. What analysis of environmental justice did we conduct?

    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.
    To examine the potential for any environmental justice issues that
might be associated with the source category, the EPA performed a
demographic analysis, which is an assessment of risks to individual
demographic groups of the populations living within 5 kilometers (km)
and within 50 km of the facilities. In the analysis, we evaluated the
distribution of HAP-related cancer and noncancer risks from the Engine
Test Cells/Stands source category across different demographic groups
within the populations living near facilities.\9\
---------------------------------------------------------------------------

    \9\ Demographic groups included in the analysis are: White,
African American, Native American, other races and multiracial,
Hispanic or Latino, children 17 years of age and under, adults 18 to
64 years of age, adults 65 years of age and over, adults without a
high school diploma, people living below the poverty level, people
living two times the poverty level, and linguistically isolated
people.
---------------------------------------------------------------------------

    The results of the demographic analysis are summarized in Table 3
below. These results, for various demographic groups, are based on the
estimated risk from actual emissions levels for the population living
within 50 km of the facilities.

                       Table 3--Engine Test Cells/Stands Demographic Risk Analysis Results
       [Engine Test Cells/Stands source category: Demographic assessment results--50 km study area radius]
----------------------------------------------------------------------------------------------------------------
                                                                             Population with
                                                                               cancer risk
                                                                             greater than or    Population with
                                                                             equal to 1 in 1   HI greater than 1
                                                                                million
----------------------------------------------------------------------------------------------------------------
                                                             Nationwide                Source category
----------------------------------------------------------------------------------------------------------------
Total Population.......................................        317,746,049              2,745                  0
----------------------------------------------------------------------------------------------------------------
                                                                      White and minority by percent
----------------------------------------------------------------------------------------------------------------
White..................................................                 62                 90                  0
Minority...............................................                 38                 10                  0
----------------------------------------------------------------------------------------------------------------
                                                                           Minority by percent
----------------------------------------------------------------------------------------------------------------
African American.......................................                 12                  3                  0
Native American........................................                0.8                0.4                  0
Hispanic or Latino (includes white and nonwhite).......                 18                  2                  0
Other and Multiracial..................................                  7                  4                  0
----------------------------------------------------------------------------------------------------------------
                                                                            Income by percent
----------------------------------------------------------------------------------------------------------------
Below Poverty Level....................................                 14                 13                  0
Above Poverty Level....................................                 86                 87                  0
----------------------------------------------------------------------------------------------------------------
                                                                           Education by percent
----------------------------------------------------------------------------------------------------------------
Over 25 and without a High School Diploma..............                 14                  9                  0
Over 25 and with a High School Diploma.................                 86                 91                  0
----------------------------------------------------------------------------------------------------------------
                                                                    Linguistically isolated by percent
----------------------------------------------------------------------------------------------------------------
Linguistically Isolated................................                  6                  2                  0
----------------------------------------------------------------------------------------------------------------

    The results of the Engine Test Cells/Stands source category
demographic analysis indicate that emissions from the source category
expose approximately 2,700 people to a cancer risk at or above 1-in-1
million and no people to a chronic noncancer TOSHI greater than 1 based
on actual or allowable emissions. Regarding cancer risk, the specific
demographic results indicate that the percentage of the population
potentially impacted by engine test cells/stands emissions is greater
than its corresponding nationwide percentage for the following
demographics: White (90 percent for the source category compared to 62
percent nationwide), Above Poverty Level (87

percent for the source category compared to 86 percent nationwide), and
Over 25 and with a High School Diploma (91 percent for the source
category compared to 86 percent nationwide). The remaining demographic
group percentages (including the groups explicitly designated as
minority) are the same or less than the corresponding nationwide
percentages.
    The EPA, therefore, reaffirms its determination that this final
rule will not have disproportionately high and adverse human health or
environmental effects on minority, low income, or indigenous
populations because it maintains the level of environmental protection
for all affected populations without having any disproportionately high
and adverse human health or environmental effects on any population,
including any minority, low income, or indigenous populations.
    The methodology and the results of the demographic analysis are
presented in a technical report, Risk and Technology Review Analysis of
Demographic Factors for Populations Living Near Engine Test Cells/
Stands Source Category Operations, available in the docket for this
action.

G. What analysis of children's environmental health did we conduct?

    The EPA does not believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children.
This action's health and risk assessments are contained in the
document, Residual Risk Assessment for the Engine Test Cells/Stands
Source Category in Support of the 2020 Risk and Technology Review Final
Rule, which is available in the docket for this action.

VI. 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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the PRA. The Information Collection Request (ICR) document that
the EPA prepared has been assigned EPA ICR number 2066.09. You can find
a copy of the ICR in the docket for this rule, and it is briefly
summarized here. The information collection requirements are not
enforceable until OMB approves them.
    We are finalizing changes to the reporting and recordkeeping
requirements for the Engine Test Cells/Stands NESHAP in the form of
eliminating the SSM reporting and SSM plan requirements and requiring
electronic submittal of all compliance reports (including performance
test reports). Any information submitted to the Agency for which a
claim of confidentiality is made will be safeguarded according to the
Agency policies set forth in title 40, chapter 1, part 2, subpart B--
Confidentiality of Business Information (see 40 CFR part 2; 41 FR
36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43
FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).
    Respondents/affected entities: Respondents are owners or operators
of engine test cells/stands facilities subject to the Engine Test
Cells/Standards NESHAP.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart PPPPP).
    Estimated number of respondents: On average, over the next 3 years,
approximately 12 existing major sources will be subject to these
standards, of which seven are subject to emission limits, monitoring,
recordkeeping, and reporting requirements. It is also estimated that
one additional respondent will become subject to the emission standards
over the 3-year period and two additional respondents will be subject
only to the notification requirements.
    Frequency of response: On average, this collection is expected to
produce 18 responses per year.
    Total estimated burden: 1,000 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $4,029 (per year), which is inclusive of the
cost of familiarization with regulatory requirements, plus $2,900
annualized capital or operation and maintenance costs. An agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for the EPA's regulations in 40
CFR are listed in 40 CFR part 9. When OMB approves this ICR, the Agency
will announce that approval in the Federal Register and publish a
technical amendment to 40 CFR part 9 to display the OMB control number
for the approved information collection activities contained in this
final rule.

D. 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, the impact of concern is any significant
adverse economic impact on small entities. During the original
rulemaking, an ICR was sent to over 100 companies representing over 300
individual facilities. Using that information, along with discussion
with industry stakeholders, it was determined that there were no major
sources that were also owned by small entities. A review of the 59
facilities currently in this source category also concluded that none
are owned by small entities. Thus, this action will not impose any
requirements on small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.

F. 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. The EPA does not know of any engine test cell/
stand facilities owned or operated by Indian tribal governments. Thus,
Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
sections III and IV of the proposal preamble (84 FR 20208, May 8, 2019)
and further documented in the risk report titled Residual Risk
Assessment for the Engine Test Cells/Stands Source Category in Support
of the 2020 Risk and Technology Review Final Rule, which is available
in the docket for this action.

I. 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.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    The documentation for this decision is contained in section IV.B of
the proposal preamble (84 FR 20208, May 8, 2019), section IV.A of this
preamble, and the technical report, Risk and Technology Review Analysis
of Demographic Factors for Populations Living Near Engine Test Cells/
Stands Source Category Operations, which is available in the docket for
this rulemaking.

L. 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. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Engine test cells/stands, Hazardous substances,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: March 11, 2020.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, 40 CFR part 63 is
amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart PPPPP--National Emission Standards for Hazardous Air
Pollutants for Engine Test Cells/Stands

0
2. Section 63.9295 is amended by revising paragraph (a) to read as
follows:

Sec.  63.9295  When do I have to comply with this subpart?

    (a) Affected sources. (1) If you start up your new or reconstructed
affected source before May 27, 2003, you must comply with the emission
limitations in this subpart no later than May 27, 2003; except that the
compliance date for the requirements promulgated at Sec. Sec.  63.9295,
63.9305, 63.9340, 63.9350, 63.9355, 63.9375, and Table 7 of 40 CFR part
63, subpart PPPPP, revised on June 3, 2020 is December 1, 2020.
    (2) If you start up your new or reconstructed affected source on or
after May 27, 2003, you must comply with the emission limitations in
this subpart upon startup; except that if the initial startup of your
new or reconstructed affected source occurs after May 27, 2003, but on
or before May 8, 2019, the compliance date for the requirements
promulgated at Sec. Sec.  63.9295, 63.9305, 63.9340, 63.9350, 63.9355,
63.9375, and Table 7 of this subpart as revised on June 3, 2020 is
December 1, 2020.
    (3) If the initial startup of your new or reconstructed affected
source occurs after May 8, 2019, the compliance date is June 3, 2020 or
the date of startup, whichever is later.
* * * * *

0
3. Section 63.9305 is revised to read as follows:

Sec.  63.9305  What are my general requirements for complying with this
subpart?

    (a) Prior to December 1, 2020, you must be in compliance with the
emission limitation that applies to you at all times, except during
periods of startup, shutdown, or malfunction (SSM) of your control
device or associated monitoring equipment. On and after December 1,
2020, you must be in compliance with the applicable emission limitation
at all times.
    (b) If you must comply with the emission limitation, you must
operate and maintain your engine test cell/stand, air pollution control
equipment, and monitoring equipment in a manner consistent with safety
and good air pollution control practices for minimizing emissions at
all times. The general duty to minimize emissions does not require the
owner or operator to make any further efforts to reduce emissions if
levels required by the applicable standard have been achieved.
Determination of whether a source is operating in compliance with
operation and maintenance requirements will be based on information
available to the Administrator that may include, but is not limited to,
monitoring results, review of operation and maintenance procedures,
review of operation and maintenance records, and inspection of the
affected source.
    (c) For affected sources prior to December 1, 2020, you must
develop a written SSM plan (SSMP) for emission control devices and
associated monitoring equipment according to the provisions in Sec.
63.6(e)(3). The plan will apply only to emission control devices, and
not to engine test cells/stands.

0
4. Section 63.9307 is amended by revising paragraphs (c)(1), (2), and
(4) to read as follows:

Sec.  63.9307  What are my continuous emissions monitoring system
installation, operation, and maintenance requirements?

* * * * *
    (c) * * *
    (1) You must install, operate, and maintain each CEMS according to
the applicable Performance Specification (PS) of 40 CFR part 60,
appendix B (PS- 3, PS-4A, or PS-8).
    (2) You must conduct a performance evaluation of each CEMS
according to the requirements in 40 CFR 63.8 and according to PS-3 of
40 CFR part 60, appendix B, using Reference Method 3A or 3B for the
O2 CEMS, and according to PS-4A of 40 CFR part 60, appendix
B, using Reference Method 10 or 10B for the CO CEMS, and according to
PS-8 of CFR part 60, appendix B, using Reference Method 25A for the THC
CEMS. If the fuel used in the engines being tested is natural gas, you
may use ASTM D 6522-00, Standard Test Method for Determination of
Nitrogen Oxides, Carbon Monoxide and Oxygen Concentrations in Emissions
from

Natural Gas Fired Reciprocating Engines, Combustion Turbines, Boilers,
and Process Heaters Using Portable Analyzers (incorporated by
reference, see Sec.  63.14). As an alternative to Method 3B, you may
use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 10,
Instruments and Apparatus],'' (incorporated by reference, see Sec.
63.14).
* * * * *
    (4) All CEMS data must be reduced as specified in Sec.  63.8(g)(2)
and recorded as CO or THC as carbon concentration in parts per million
by volume, dry basis (ppmvd), corrected to 15 percent O2
content.
* * * * *

0
5. Section 63.9320 is amended by revising paragraphs (b) and (c) to
read as follows:

Sec.  63.9320   What procedures must I use?

* * * * *
    (b) You must conduct an initial performance evaluation of each
capture and control system according to Sec. Sec.  63.9321, 63.9322,
63.9323 and 63.9324, and each CEMS according to the requirements in 40
CFR 63.8 and according to the applicable Performance Specification of
40 CFR part 60, appendix B (PS-3, PS-4A, or PS-8).
    (c) The initial demonstration of compliance with the carbon
monoxide (CO) or THC concentration limitation consists of either the
first 4-hour rolling average CO or THC concentration recorded after
completion of the CEMS performance evaluation if CEMS are installed or
the average of the test run averages during the initial performance
test. You must correct the CO or THC concentration at the outlet of the
engine test cell/stand or the emission control device to a dry basis
and to 15 percent O2 content according to Equation 1 of this
section:
[GRAPHIC] [TIFF OMITTED] TR03JN20.012

Where:

Cc = concentration of CO or THC, corrected to 15 percent
oxygen, ppmvd
Cunc = total uncorrected concentration of CO or THC,
ppmvd
%O2d = concentration of oxygen measured in gas stream,
dry basis, percent by volume
* * * * *

0
6. Section 63.9321 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  63.9321  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.
63.9310 under the conditions in this section unless you obtain a waiver
of the performance test according to the provisions in Sec.  63.7(h).
Prior to December 1, 2020, the performance test must also be conducted
according to the requirements in Sec.  63.7(e)(1).
* * * * *

0
7. Section 63.9330 is amended by revising paragraph (a) to read as
follows:

Sec.  63.9330  How do I demonstrate initial compliance with the
emission limitation?

    (a) You must demonstrate initial compliance with the emission
limitation that applies to you according to Table 4 to this subpart.
* * * * *

0
8. Section 63.9340 is amended by revising paragraph (c) to read as
follows:

Sec.  63.9340  How do I demonstrate continuous compliance with the
emission limitations?

* * * * *
    (c) Startups, shutdowns, and malfunctions:
    (1) For affected sources prior to December 1, 2020, consistent with
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a
period of SSM of control devices and associated monitoring equipment
are not violations if you demonstrate to the Administrator's
satisfaction that you were operating in accordance with Sec.
63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur
during a period you identify as an SSM of control devices and
associated monitoring equipment are violations, according to the
provisions in Sec.  63.6(e).

0
9. Section 63.9350 is amended by:
0
a. Revising paragraph (a)(6) and;
0
b. Adding paragraph (a)(7);
0
c. Revising paragraph (c) introductory text;
0
d. Adding paragraph (c)(5);
0
e. Revising paragraph (d) introductory text;
0
f. Adding paragraph (d)(11);
0
g. Revising paragraph (e); and
0
h. Adding paragraphs (f) through (i).
    The revisions and additions read as follows:

Sec.  63.9350  What reports must I submit and when?

    (a) * * *
    (6) For affected sources prior to December 1, 2020, if you had an
SSM of a control device or associated monitoring equipment during the
reporting period and you took actions consistent with your SSMP, the
compliance report must include the information in paragraphs Sec.
63.10(d)(5)(i).
    (7) Beginning on December 1, 2020, submit all semiannual compliance
reports following the procedure specified in paragraph (g) of this
section.
* * * * *
    (c) For each deviation from an emission limit, the semiannual
compliance report must include the information in paragraphs (b)(1)
through (3) of this section and the information included in paragraphs
(c)(1) through (4) of this section, except that on and after December
1, 2020 the semiannual compliance report must also include the
information included in paragraph (c)(5) of this section.
* * * * *
    (5) An estimate of the quantity of each regulated pollutant emitted
over any emission limit, and a description of the method used to
estimate the emissions.
    (d) For each CEMS or CPMS deviation, the semiannual compliance
report must include the information in paragraphs (b)(1) through (3) of
this section and the information included in paragraphs (d)(1) through
(10) of this section, except that on and after December 1, 2020, the
semiannual compliance report must also include the information included
in paragraph (d)(11) of this section.
* * * * *
    (11) The total operating time of each new or reconstructed engine
test cell/stand during the reporting period.
    (e) Prior to December 1, 2020, if you had an SSM of a control
device or associated monitoring equipment during the semiannual
reporting period that was not consistent with your SSMP, you must
submit an immediate SSM report according to the requirements in Sec.
63.10(d)(5)(ii).
    (f) Within 60 days after the date of completing each performance
test or performance evaluation required by this subpart, you must
submit the results of the performance test following the procedures
specified in paragraphs (f)(1) through (3) of this section.
    (1) Data collected or performance evaluations of CMS measuring
relative accuracy test audit (RATA) pollutants using test methods
supported by the EPA's Electronic Reporting Tool (ERT) as listed on the
EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test.
Submit the results of the performance test or performance evaluation to
the EPA via the Compliance and Emissions Data Reporting Interface
(CEDRI), which can be accessed through the EPA's Central Data Exchange
(CDX) (https://cdx.epa.gov/). The data must be submitted in a file
format generated through the use of the EPA's ERT.

Alternatively, you may submit an electronic file consistent with the
extensible markup language (XML) schema listed on the EPA's ERT
website.
    (2) Data collected or performance evaluations of CMS measuring RATA
pollutants using test methods that are not supported by the EPA's ERT
as listed on the EPA's ERT website at the time of the test. The results
of the performance test or performance evaluation must be included as
an attachment in the ERT or an alternate electronic file consistent
with the XML schema listed on the EPA's ERT website. Submit the ERT
generated package or alternative file to the EPA via CEDRI.
    (3) If you claim some of the information submitted under paragraph
(f) of this section is CBI, you must submit a complete file, including
information claimed to be CBI, to the EPA. The file must be generated
through the use of the EPA's ERT or an alternate electronic file
consistent with the XML schema listed on the EPA's ERT website. Submit
the file on a compact disc, flash drive, or other commonly used
electronic storage medium and clearly mark the medium as CBI. Mail the
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same file with the CBI omitted must be submitted
to the EPA via the EPA's CDX as described in paragraph (f)(1) of this
section.
    (g) If you are required to submit reports following the procedure
specified in this paragraph, you must submit reports to the EPA via
CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). You must use the appropriate electronic report template
on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for
this subpart. The report must be submitted by the deadline specified in
this subpart, regardless of the method in which the report is
submitted. If you claim some of the information required to be
submitted via CEDRI is CBI, submit a complete report, including
information claimed to be CBI, to the EPA. The report must be generated
using the appropriate form on the CEDRI website. Submit the file on a
compact disc, flash drive, or other commonly used electronic storage
medium and clearly mark the medium as CBI. Mail the electronic medium
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same
file with the CBI omitted must be submitted to the EPA via the EPA's
CDX as described earlier in this paragraph.
    (h) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with the reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (h)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occured within the period of time
beginning five business days prior to the date that the submission is
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (5) You must provide to the Administrator a written description
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
    (7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (i) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with the reporting requirement. To assert a
claim of force majuere, you must meet the requirements outlined in
paragraphs (i)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.

0
10. Section 63.9355 is amended by:
0
a. Revising paragraphs (a) introductory text and (a)(3);
0
b. Adding paragraphs (a)(6) through (8);
0
c. Revising paragraphs (b)(2), (c) introductory text, and (c)(2) and
(4); and
0
d. Adding paragraph (c)(5).
    The revisions and additions read as follows:

Sec.  63.9355  What records must I keep?

    (a) You must keep the records as described in paragraphs (a)(1)
through (5) of this section. After June 3, 2020, you must also keep the
records as described in paragraphs (a)(6) through (8) of this section.
* * * * *
    (3) Records of the occurrence and duration of each malfunction of
the air pollution control equipment, if applicable, as required in
Sec.  63.9355.
* * * * *
    (6) In the event that an affected unit fails to meet an applicable
standard,

record the number of failures. For each failure record the date, time,
the cause, and duration of each failure.
    (7) For each failure to meet an applicable standard, record and
retain a list of the affected sources or equipment, an estimate of the
quantity of each regulated pollutant emitted over any emission limit,
and a description of the method used to estimate the emissions.
    (8) Record actions taken to minimize emissions in accordance with
Sec.  63.9305, and any corrective actions taken to return the affected
unit to its normal or usual manner of operation.
    (b) * * *
    (2) For affected sources prior to December 1, 2020, the records in
Sec.  63.6(e)(3)(iii) through (v) related to SSM.
* * * * *
    (c) For each CEMS, you must keep the records as described in
paragraph (c)(1) through (5) of this section.
* * * * *
    (2) Previous (i.e., superceded) versions of the performance
evaluation plan as required in paragraph (c)(5) of this section.
* * * * *
    (4) For affected sources prior to December 1, 2020, the records in
Sec.  63.6(e)(3)(iii) through (v) related to SSM of the control device
and associated monitoring equipment.
    (5) The owner or operator shall keep these written procedures on
record for the life of the affected source or until the affected source
is no longer subject to the provisions of this part, to be made
available for inspection, upon request, by the Administrator. If the
performance evaluation plan is revised, the owner or operator shall
keep previous (i.e., superseded) versions of the performance evaluation
plan on record to be made available for inspection, upon request, by
the Administrator, for a period of 5 years after each revision to the
plan. The program of corrective action should be included in the plan
required under Sec.  63.8(d)(2).
* * * * *

0
11. Section 63.9360 is amended by adding paragraph (d) to read as
follows;

Sec.  63.9360  In what form and how long must I keep my records?

* * * * *
    (d) Any records required to be maintained by this part that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as
part of an on-site compliance evaluation.

0
12. Section 63.9375 is amended in the definition of ``Deviation'' by
revising paragraph (3) to read as follows:

Sec.  63.9375  What definitions apply to this subpart?

* * * * *
    Deviation * * *
    (3) Prior to December 1, 2020, fails to meet any emission
limitation or operating limit in this subpart during malfunction,
regardless of whether or not such failure is permitted by this subpart.
* * * * *

0
13. Table 3 to subpart PPPPP is amended by revising the entry ``1. The
CO or THC outlet concentration emission limitation'' to read as
follows:

             Table 3 to Subpart PPPPP of Part 63--Requirements for Initial Compliance Demonstrations
                                                      *****
----------------------------------------------------------------------------------------------------------------
   For each new or reconstructed
 affected source complying with . .      You must . . .            Using . . .        According to the following
                 .                                                                        requirements . . .
----------------------------------------------------------------------------------------------------------------
1. The CO or THC outlet              a. Demonstrate CO or    i. EPA Methods 3A and   You must demonstrate that
 concentration emission limitation.   THC emissions are 20    10 of appendix A to     the outlet concentration
                                      ppmvd or less.          40 CFR part 60 for CO   of CO or THC emissions
                                                              measurement or EPA      from the test cell/stand
                                                              Method 25A of           or emission control device
                                                              appendix A to 40 CFR    is 20 ppmvd or less,
                                                              part 60 for THC         corrected to 15 percent O2
                                                              measurement; or         content, using the average
                                                                                of the test runs in the
                                                                                performance test.
                                                             ii. A CEMS for CO or    This demonstration is
                                                              THC and O2 at the       conducted immediately
                                                              outlet of the engine    following a successful
                                                              test cell/stand or      performance evaluation of
                                                              emission control        the CEMS as required in
                                                              device.                 Sec.   63.9320 (b). The
                                                                                demonstration consists of
                                                                                the first 4-hour rolling
                                                                                average of measurements.
                                                                                The CO or THC
                                                                                concentration must be
                                                                                corrected to 15 percent O2
                                                                                content, dry basis using
                                                                                Equation 1 in Sec.
                                                                                63.9320.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
14. Table 4 of subpart PPPPP is revised to read as follows:

  Table 4 to Subpart PPPPP of Part 63--Initial Compliance With Emission
                               Limitations
  [As stated in Sec.   63.9330, you must demonstrate initial compliance
   with each emission limitation that applies to you according to the
                            following table:]
------------------------------------------------------------------------
                                        You have demonstrated initial
           For the . . .                     compliance if . . .
------------------------------------------------------------------------
1. CO or THC concentration          The first 4-hour rolling average CO
 emission limitation.                or THC concentration is 20 ppmvd or
                                     less, corrected to 15 percent O2
                                     content if CEMS are installed or
                                     the average of the test run
                                     averages during the performance
                                     test is 20 ppmvd or less, corrected
                                     to 15 percent O2 content.
2. CO or THC percent reduction      The first 4-hour rolling average
 emission limitation.                reduction in CO or THC is 96
                                     percent or more, dry basis,
                                     corrected to 15 percent O2 content.
------------------------------------------------------------------------

0
15. Table 5 of subpart PPPPP is revised to read as follows:

Table 5 to Subpart PPPPP of Part 63--Continuous Compliance With Emission
                               Limitations
[As stated in Sec.   63.9340, you must demonstrate continuous compliance
   with each emission limitation that applies to you according to the
                            following table:]
------------------------------------------------------------------------
         For the . . .            You must . . .          By . . .
------------------------------------------------------------------------
1. CO or THC concentration      a. Demonstrate CO  i. Collecting the
 emission limitation.            or THC emissions   CPMS data according
                                 are 20 ppmvd or    to Sec.
                                 less over each 4-  63.9306(a), reducing
                                  hour rolling      the measurements to
                                 averaging period.  1-hour averages used
                                                    to calculate the 3-
                                                    hr block average; or
                                                   ii. Collecting the
                                                    CEMS data according
                                                    to Sec.
                                                    63.9307(a), reducing
                                                    the measurements to
                                                    1-hour averages,
                                                    correcting them to
                                                    15 percent O2
                                                    content, dry basis,
                                                    according to Sec.
                                                    63.9320.
2. CO or THC percent reduction  a. Demonstrate a   i. Collecting the
 emission limitation.            reduction in CO    CPMS data according
                                 or THC of 96       to Sec.
                                 percent or more    63.9306(a), reducing
                                 over each 4-hour   the measurements to
                                 rolling            1-hour averages; or
                                 averaging period. ii. Collecting the
                                                    CEMS data according
                                                    to Sec.
                                                    63.9307(b), reducing
                                                    the measurements to
                                                    1-hour averages,
                                                    correcting them to
                                                    15 percent O2
                                                    content, dry basis,
                                                    calculating the CO
                                                    or THC percent
                                                    reduction according
                                                    to Sec.   63.9320.
------------------------------------------------------------------------

0
16. Table 7 of subpart PPPPP is revised to read as follows:

            Table 7 to Subpart PPPPP of Part 63--Applicability of General Provisions to Subpart PPPPP
[As stated in 63.9365, you must comply with the General Provisions in Sec.  Sec.   63.1 through 15 that apply to
                                     you according to the following table:]
----------------------------------------------------------------------------------------------------------------
                                                              Applicable to subpart
           Citation                       Subject                     PPPPP                  Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(12)........  General Applicability......  Yes...................
Sec.   63.1(b)(1)-(3).........  Initial Applicability        Yes...................  Applicability to subpart
                                 Determination.                                       PPPPP is also specified in
                                                                                Sec.   63.9285.
Sec.   63.1(c)(1).............  Applicability After          Yes...................
                                 Standard Established.
Sec.   63.1(c)(2).............  Applicability of Permit      No....................  Area sources are not
                                 Program for Area Sources.                            subject to subpart PPPPP.
Sec.   63.1(c)(5).............  Notifications..............  Yes...................
Sec.   63.1(d)................  [Reserved].................
Sec.   63.1(e)................  Applicability of Permit      Yes...................
                                 Program Before Relevant
                                 Standard is Set.
Sec.   63.2...................  Definitions................  Yes...................  Additional definitions are
                                                                                specified in Sec.
                                                                                63.9375.
Sec.   63.3...................  Units and Abbreviations....  Yes...................
Sec.   63.4...................  Prohibited Activities and    Yes...................
                                 Circumvention.
Sec.   63.5(a)................  Construction/Reconstruction  Yes...................
Sec.   63.5(b)................  Requirements for Existing,   Yes...................
                                 Newly Constructed, and
                                 Reconstructed Sources.
Sec.   63.5(d)................  Application for Approval of  Yes...................
                                 Construction/
                                 Reconstruction.
Sec.   63.5(e)................  Approval of Construction/    Yes...................
                                 Reconstruction.
Sec.   63.5(f)................  Approval of Construction/    Yes...................
                                 Reconstruction based on
                                 Prior State Review.
Sec.   63.6(a)................  Compliance With Standards    Yes...................
                                 and Maintenance
                                 Requirements-Applicability.
Sec.   63.6(b)(1)-(7).........  Compliance Dates for New     Yes...................  Sec.   63.9295 specifies
                                 and Reconstructed Sources.                           the compliance dates.
Sec.   63.6(c)(1)-(2).........  Compliance Dates for         No....................  Subpart PPPPP does not
                                 Existing Sources.                                    establish standards for
                                                                                existing sources.
Sec.   63.6(c)(5).............  Compliance Dates for         Yes...................  Sec.   63.9295(b) specifies
                                 Existing Sources.                                    the compliance date if a
                                                                                new or reconstructed area
                                                                                source becomes a major
                                                                                source.
Sec.   63.6(e)(1)(i)..........  Operation and Maintenance..  Yes before December 1,  See Sec.   63.9305 for
                                                              2020. No on and after   general duty requirement.
                                                              December 1, 2020.
Sec.   63.6(e)(1)(ii).........  Operation and Maintenance..  Yes before December 1,
                                                              2020. No on and after
                                                              December 1, 2020.
Sec.   63.6(e)(1)(iii)........  Operation and Maintenance..  Yes...................
Sec.   63.6(e)(3).............  SSM Plan...................  Yes before December 1,
                                                              2020. No on and after
                                                              December 1, 2020.

Sec.   63.6(f)(1).............  Compliance Except During     Yes before December 1,
                                 SSM.                         2020. No on and after
                                                              December 1, 2020.
Sec.   63.6(f)(2)-(3).........  Methods for Determining      Yes...................
                                 Compliance.
Sec.   63.6(g)(1)-(3).........  Use of Alternative           Yes...................
                                 Standards.
Sec.   63.6(h)................  Compliance With Opacity/     No....................  Subpart PPPPP does not
                                 Visible Emission Standards.                          establish opacity
                                                                                standards and does require
                                                                                continuous opacity
                                                                                monitoring systems (COMS).
Sec.   63.6(i)(1)-(16)........  Extension of Compliance....  No....................  Compliance extension
                                                                                provisions apply to
                                                                                existing sources which do
                                                                                not have emission
                                                                                limitations in subpart
                                                                                PPPPP.
Sec.   63.6(j)................  Presidential Compliance      Yes...................
                                 Exemption.
Sec.   63.7(a)(1)-(2).........  Performance Test Dates.....  Yes...................
Sec.   63.7(a)(3).............  Performance Test Required    Yes...................
                                 By the Administrator.
Sec.   63.7(b)-(d)............  Performance Test             Yes...................
                                 Requirements-Notification,
                                 Quality Assurance,
                                 Facilities Necessary for
                                 Safe Testing, Conditions
                                 During Testing.
Sec.   63.7(e)(1).............  Conditions for Conducting    Yes before December 1,
                                 Performance Tests.           2020. No, see Sec.
                                                              63.9321, on and after
                                                              December 1, 2020.
Sec.   63.7(e)(2)-(4).........  Conduct of Performance       Yes...................
                                 Tests.
Sec.   63.7(f)................  Alternative Test Methods...  Yes...................
Sec.   63.7(g)-(h)............  Performance Testing          Yes...................
                                 Requirements-Data
                                 Analysis, Recordkeeping,
                                 Reporting, Waiver of Test.
Sec.   63.8(a)(1)-(2).........  Monitoring Requirements--    Yes...................  Subpart PPPPP contains
                                 Applicability.                                       specific requirement for
                                                                                monitoring at Sec.
                                                                                63.9325.
Sec.   63.8(a)(4).............  Additional Monitoring        No....................  Subpart PPPPP does not have
                                 Requirements.                                        monitoring requirement for
                                                                                flares.
Sec.   63.8(b)................  Conduct of Monitoring......  Yes...................
Sec.   63.8(c)(1).............  Continuous Monitoring        Yes...................
                                 System (CMS) Operation and
                                 Maintenance.
Sec.   63.8(c)(1)(i)..........  General Duty to Minimize     Yes before December 1,
                                 Emissions and CMS            2020. No on and after
                                 Operation.                   December 1, 2020.
Sec.   63.8(c)(1)(ii).........  Operation and Maintenance    Yes...................
                                 of CMS.
Sec.   63.8(c)(1)(iii)........  Requirement to Develop SSM   Yes before December 1,
                                 Plan for CMS.                2020. No on and after
                                                              December 1, 2020.
Sec.   63.8(c)(2)-(3).........  Monitoring System            Yes...................
                                 Installation.
Sec.   63.8(c)(4).............  CMS........................  No....................  Sec.   63.9335(a) and (b)
                                                                                specifies the
                                                                                requirements.
Sec.   63.8(c)(5).............  COMS.......................  No....................  Subpart PPPPP does not have
                                                                                opacity or VE standards.
Sec.   63.8(c)(6)-(8).........  CMS Requirements...........  Yes...................  Except that subpart PPPPP
                                                                                does not require COMS.
Sec.   63.8(d)(1)-(2).........  CMS Quality Control........  Yes...................
Sec.   63.8(d)(3).............  CMS Quality Control........  Yes before December 1,
                                                              2020. No on and after
                                                              December 1, 2020.
Sec.   63.8(e)................  CMS Performance............  Yes...................  Except for Sec.
                                                                                63.8(e)(5)(ii) which
                                                                                applies to COMS.
Sec.   63.8(f)(1)-(5).........  Alternative Monitoring       Yes...................
                                 Method.
Sec.   63.8(f)(6).............  Alternative to Relative      Yes...................
                                 Accuracy Test.
Sec.   63.8(g)................  Data Reduction.............  Yes before December 1,  Sec.  Sec.   63.9335 and
                                                              2020. No on and after   63.9340 specify monitoring
                                                              December 1, 2020.       data reduction.
Sec.   63.9(a)-(b)............  Notification Requirements..  Yes...................
Sec.   63.9(c)................  Request for Compliance       No....................  Compliance extension to not
                                 Extension.                                           apply to new or
                                                                                reconstructed sources.
Sec.   63.9(d)................  Notification of Special      Yes...................
                                 Compliance Requirements
                                 for New Sources.
Sec.   63.9(e)................  Notification of Performance  No....................  Subpart PPPPP does not
                                 Test.                                                require performance
                                                                                testing.
Sec.   63.9(f)................  Notification of Opacity/VE   No....................  Subpart PPPPP does not have
                                 test.                                                opacity/VE standards.
Sec.   63.9(g)(1).............  Additional Notifications     Yes...................
                                 When Using CMS.

Sec.   63.9(g)(2).............  Additional Notifications     No....................  Subpart PPPPP does not have
                                 When Using CMS.                                      opacity/VE standards.
Sec.   63.9(g)(3).............  Additional Notifications     Yes...................
                                 When Using CMS.
Sec.   63.9(h)................  Notification of Compliance   Yes...................
                                 Status.
Sec.   63.9(i)................  Adjustment of Submittal      Yes...................
                                 Deadlines.
Sec.   63.9(j)................  Change in Previous           Yes...................
                                 Information.
Sec.   63.10(a)...............  Recordkeeping/Reporting....  Yes...................
Sec.   63.10(b)(1)............  General Recordkeeping        Yes...................
                                 Requirements.
Sec.   63.10(b)(2)(i).........  Recordkeeping of Occurrence  Yes before December 1,
                                 and Duration of Startups     2020. No on and after
                                 and Shutdowns.               December 1, 2020.
Sec.   63.10(b)(2)(ii)........  Recordkeeping of Occurrence  Yes before December 1,  See Sec.   63.9355 for
                                 and Duration of              2020. No on and after   recordkeeping of (1) date,
                                 Malfunctions.                December 1, 2020.       time, and duration; (2)
                                                                                listing of affected source
                                                                                or equipment, and an
                                                                                estimate of the quantity
                                                                                of each regulated
                                                                                pollutant emitted over the
                                                                                standard; and (3) actions
                                                                                to minimize emissions and
                                                                                correct the failure.
Sec.   63.10(b)(2)(iii).......  Recordkeeping of             Yes...................
                                 Maintenance on Controls
                                 and Monitoring Equipment.
Sec.   63.10(b)(2)(iv)-(v)....  Actions Taken to Minimize    Yes before December 1,
                                 Emissions During SSM.        2020. No on and after
                                                              December 1, 2020.
Sec.   63.10(b)(2)(vi)-(xi)...  CMS Records................  Yes...................
Sec.   63.10(b)(2)(xii).......  Records....................  Yes...................
Sec.   63.10(b)(2)(xiii)......  Records....................  Yes...................
Sec.   63.10(b)(2)(xiv).......  Records....................  Yes...................
Sec.   63.10(b)(3)............  Recordkeeping for            Yes...................
                                 Applicability
                                 Determinations.
Sec.   63.10(c)(1)-(6), (9)-    Additional Recordkeeping     Yes...................
 (14).                           for CMS.
Sec.   63.10(c)(7)-(8)........  Records of Excess Emissions  No....................  Specific language is
                                 and Parameter Monitoring                             located at Sec.   63.9355
                                 Exceedances for CMS.                                 of subpart PPPPP.
Sec.   63.10(c)(15)...........  Records Regarding the SSM    Yes before December 1,
                                 Plan.                        2020. No on and after
                                                              December 1, 2020.
Sec.   63.10(d)(1)............  General Reporting            Yes...................
                                 Requirements.
Sec.   63.10(d)(2)............  Report of Performance Test   Yes...................
                                 Results.
Sec.   63.10(d)(3)............  Reporting of Opacity or VE   No....................  Subpart PPPPP does not have
                                 Observations.                                        opacity/VE standards.
Sec.   63.10(d)(4)............  Progress Reports for         No....................  Compliance extensions do
                                 Sources with Compliance                              not apply to new or
                                 Extensions.                                          reconstructed sources.
Sec.   63.10(d)(5)............  SSM Reports................  Yes before December 1,  On and after December 1,
                                                              2020. No on and after   2020, see Sec.   63.9350
                                                              December 1, 2020.       for malfunction reporting
                                                                                requirements.
Sec.   63.10(e)(1) and (2)(i).  Additional CMS Reports.....  Yes...................
Sec.   63.10(e)(2)(ii)........  Additional CMS Reports.....  No....................  Subpart PPPPP does not
                                                                                require COMS.
Sec.   63.10(e)(3)............  Excess Emissions/CMS         No....................  Specific language in
                                 Performance Reports.                                 located in Sec.   63.9350
                                                                                of subpart PPPPP.
Sec.   63.10(e)(4)............  COMS Data Reports..........  No....................  Subpart PPPPP does not
                                                                                require COMS.
Sec.   63.10(f)...............  Waiver for Recordkeeping/    Yes...................
                                 Reporting.
Sec.   63.11..................  Control Device Requirements/ No....................  Subpart PPPPP does not
                                 Flares.                                              specify use of flares for
                                                                                compliance.
Sec.   63.12..................  State Authority and          Yes...................
                                 Delegations.
Sec.   63.13..................  Addresses..................  Yes...................
Sec.   63.14..................  Incorporation by Reference.  Yes...................  ASTM D 6522-00 and ANSI/
                                                                                ASME PTC 19.10-1981
                                                                                (incorporated by
                                                                                reference--See Sec.
                                                                                63.14).
Sec.   63.15..................  Availability of Information/ Yes...................
                                 Confidentiality.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-05909 Filed 6-2-20; 8:45 a.m.]
 BILLING CODE 6560-50-P