[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Rules and Regulations]
[Pages 39154-39185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5968]
[[Page 39153]]
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Part II
Environmental Protection Agency
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40 CFR Parts 60, 85 et al.
Standards of Performance for Stationary Compression Ignition Internal
Combustion Engines; Final Rule
Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules
and Regulations
[[Page 39154]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 85, 89, 94, 1039, 1065, and 1068
[EPA-HQ-OAR-2005-0029, FRL-8190-7]
RIN 2060-AM82
Standards of Performance for Stationary Compression Ignition
Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is promulgating standards of performance for stationary
compression ignition (CI) internal combustion engines (ICE). The
standards will implement section 111(b) of the Clean Air Act (CAA) and
are based on the Administrator's determination that stationary CI ICE
cause, or contribute significantly to, air pollution that may
reasonably be anticipated to endanger public health or welfare. The
intended effect of the standards is to require all new, modified, and
reconstructed stationary CI ICE to use the best demonstrated system of
continuous emission reduction, considering costs, non-air quality
health, and environmental and energy impacts, not just with add-on
controls, but also by eliminating or reducing the formation of these
pollutants. The final standards will reduce nitrogen oxides
(NOX) by an estimated 38,000 tons per year (tpy),
particulate matter (PM) by an estimated 3,000 tpy, sulfur dioxide
(SO2) by an estimated 9,000 tpy, non-methane hydrocarbons
(NMHC) by an estimated 600 tpy, and carbon monoxide (CO) by an
estimated 18,000 tpy in the year 2015.
DATES: The final rule is effective on September 11, 2006. The
incorporation by reference of a certain publication listed in the final
rule is approved by the Director of the Federal Register as of
September 11, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0029. We also rely on documents in Docket ID No.
EPA-HQ-OAR-2003-0012 and incorporate that docket into the record for
the final rule. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) 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. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is (202) 566-1742. 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 EPA Docket Center is (202)
566-1742. As of the date of signature, the physical docket is
temporarily unavailable due to flooding, but interested members of the
public can receive the list of documents in the docket or any
particular documents electronically by accessing the electronic docket
or by calling the contact person. We hope that the physical docket will
be accessible again before publication.
FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pagan, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), U.S. EPA,
Research Triangle Park, North Carolina 27711; telephone number (919)
541-5340; facsimile number (919) 541-5450; electronic mail address
[email protected].
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Examples of regulated
Category NAICS \1\ entities
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Any manufacturer that produces or 2211 Electric power
any industry using a stationary generation,
internal combustion engine as transmission, or
defined in the final rule. distribution.
622110 Medical and surgical
hospitals.
335312 Motor and generator
manufacturing.
33391 Pump and compressor
manufacturing.
333992 Welding and soldering
equipment
manufacturing.
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\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria in Sec. 60.4200 of the
final rule. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule will be available on the WWW
through the Technology Transfer Network Web site (TTN). Following
signature, EPA will post a copy of the final rule on the TTN's policy
and guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control.
Judicial Review. Under CAA section 307(b)(1), judicial review of
the final rule is available only by filing a petition for review in the
U.S. Court of Appeals for the District of Columbia by September 11,
2006. Under CAA section 307(d)(7)(B), only an objection to the final
rule that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
CAA section 307(b)(2), the requirements established by this final
action may not be challenged separately in any civil or criminal
proceedings brought by EPA to enforce these requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for EPA to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to EPA that it was impracticable to raise such objection within [the
period for public comment] or if the grounds for such objection arose
after the period for public comment (but within the same
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time specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to EPA should submit a Petition for Reconsideration to
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a
copy to both the person(s) listed in the preceding FOR FURTHER
INFORMATION CONTACT section, and the Director of the Air and Radiation
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200
Pennsylvania Ave., NW., Washington, DC 20004.
Background Information Document. EPA proposed new source
performance standards (NSPS) for CI ICE on July 11, 2005 (70 FR 39870),
and received 47 comment letters on the proposal. A background
information document (BID) (``Response to Public Comments on Proposed
Standards of Performance for Stationary Compression Ignition Internal
Combustion Engines,'') containing EPA's responses to each public
comment and the Economic Impact Analysis Report are available in Docket
ID No. EPA-HQ-OAR-2005-0029.
Organization of This Document. The following outline is provided to
aid in locating information in the preamble.
I. Background
II. Summary of the Final Rule
A. What is the source category regulated by the final rule?
B. What are the pollutants regulated by the final rule?
C. What sources are subject to the final rule?
D. What are the final standards?
E. What are the requirements for sources that are modified or
reconstructed?
F. What are the requirements for demonstrating compliance?
G. What are the monitoring requirements?
H. What are the reporting and recordkeeping requirements?
III. Summary of Significant Changes Since Proposal
A. Applicability
B. Fuel Requirements
C. Maintenance and Testing
D. Emission Standards
E. Recordkeeping
IV. Summary of Responses to Major Comments
A. Applicability/Effective Date
B. Modeling Mobile Source Program
C. Fuel Requirements
D. Maintenance and Testing
E. Emission Standards
F. Military Training Engines
V. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental and energy
impacts?
E. What are the benefits?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health 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
J. Congressional Review Act
I. Background
This action promulgates NSPS that will apply to new stationary CI
ICE. New source performance standards implement section 111(b) of the
CAA, and are issued for categories of sources which cause, or
contribute significantly to, air pollution which may reasonably be
anticipated to endanger public health or welfare. The standards apply
to new stationary sources of emissions, i.e., sources whose
construction, reconstruction, or modification begins after a standard
for those sources is proposed. NSPS require these sources to control
emissions to the level achievable by best demonstrated technology
(BDT), considering costs and any non-air quality health and
environmental impacts and energy requirements.
II. Summary of the Final Rule
A. What is the source category regulated by the final rule?
The final rule applies to stationary CI ICE. A stationary internal
combustion engine means any internal combustion engine, except
combustion turbines, that converts heat energy into mechanical work and
is not mobile. Stationary ICE differ from mobile ICE in that a
stationary internal combustion engine is not a nonroad engine as
defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that
definition), and is not used to propel a motor vehicle or a vehicle
used solely for competition. Stationary ICE include reciprocating ICE,
rotary ICE, and other ICE, except combustion turbines. A CI engine
means a type of stationary internal combustion engine that is not a
spark ignition (SI) engine. A SI engine means a gasoline, natural gas,
or liquefied petroleum gas fueled engine or any other type of engine
with a spark plug (or other sparking device) and with operating
characteristics significantly similar to the theoretical Otto
combustion cycle. Spark ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is
used for CI and gaseous fuel (typically natural gas) is used as the
primary fuel at an annual average ratio of less than 2 parts diesel
fuel to 100 parts total fuel on an energy equivalent basis are SI
engines.
B. What are the pollutants regulated by the final rule?
The pollutants to be regulated by the final rule are
NOX, PM, CO, and NMHC.\1\ Emissions of sulfur oxides
(SOX) will also be reduced through the use of lower sulfur
fuel. Smoke emissions will also be reduced through the implementation
of the final standards. Emissions of hazardous air pollutants (HAP)
from these engines have been, or will be, regulated in separate
rulemakings promulgated under CAA section 112.\2\
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\1\ Primarily for reasons of testing ease and because engine
manufacturers are familiar with testing for NMHC, this rule, as with
previous rules promulgating emission standards for mobile source
internal combustion engines, uses NMHC rather than VOC as the metric
for measuring organic compounds that can contribute to ozone
formation. C.f. 40 CFR part 60, Method 25 (Determination of Total
Gaseous Nonmethane Organic Emissions as Carbon.)
\2\ Emissions of HAP from stationary reciprocating internal
combustion engines (RICE) located at major sources were the subject
of a final rule published on June 15, 2004 (69 FR 33473). Emissions
of HAP from other stationary RICE will be the subject of another
rulemaking that will be promulgated no later than December 20, 2007.
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C. What sources are subject to the final rule?
The affected source for the CI ICE NSPS is each stationary CI
internal combustion engine whose construction, modification or
reconstruction commenced after July 11, 2005. The date of construction
is the date the engine is ordered by the owner or operator. Stationary
CI ICE manufactured prior to April 1, 2006, that are not fire pump
engines are not subject to the final rule, unless the engines are
modified or reconstructed after July 11, 2005. Stationary fire pump CI
ICE manufactured prior to July 1, 2006, are not subject to the final
rule either, unless the engines are modified or reconstructed after
July 11, 2005. Manufacturers of 2007 and later model year stationary CI
ICE that are not fire pumps are subject to the final rule. For fire
pump engines, the date of manufacturing is the date the engine is built
into a certified National Fire Protection Association (NFPA) fire pump
engine. Manufacturers of fire
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pump engines are subject to the final rule beginning with the first
model year that new fire pump engines in a particular horsepower class
must meet standards more stringent than Tier 1 standards, which can be
any model year from 2008 to 2011, depending on the horsepower of the
engine.
Owners and operators of new stationary CI ICE who are subject to
the final rule (as discussed above) must meet the requirements of Sec.
60.4208 of the final rule, which restricts the installation of engines
subject to outdated emission standards. This restriction applies only
to the installation of new engines subject to the final rule, and does
not apply to the installation of previously used engines.
D. What are the final standards?
1. Overview
The format of the final standard is an output-based emission
standard for PM, NOX, CO, and NMHC in units of emissions
mass per unit work performed (grams per kilowatt-hour (g/KW-hr)) and
smoke standards as a percentage. The emission standards are generally
modeled after EPA's standards for nonroad and marine diesel engines.
The nonroad diesel engine standards are phased in over several years
and have Tiers with increasing levels of stringency. The engine model
year in which the Tiers take effect varies for different size ranges of
engines. The Tier 1 standards were phased in for nonroad diesel engines
beginning in 1996 to 2000. The Tier 2 nonroad CI standards are phased
in starting from 2001 to 2006, and the Tier 3 limits are phased in
starting from 2006 to 2008. The Tier 3 limits apply for engines greater
than or equal to 50 and less than or equal to 750 horsepower (HP) only.
Tier 4 limits for nonroad engines are phased in beginning in 2008.
2. Final Standards for Engine Manufacturers
Engine manufacturers must meet the emission standards of the rule
during the useful life of the engine. a. 2007 Model Year and Later Non-
Emergency Stationary CI ICE <=3,000 HP and With a Displacement <10
Liters per Cylinder. The standards require that engine manufacturers
certify their 2007 model year and later non-emergency stationary CI ICE
with a maximum engine power less than or equal to 3,000 HP and a
displacement of less than 10 liters per cylinder to the Tier 2 through
Tier 4 nonroad diesel engine standards as shown in table 1 of this
preamble, as applicable, for all pollutants, for the same model year
and maximum engine power.
Table 1.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for 2007 Model Year and Later Non-
Emergency Engines <=3,000 HP and With a Displacement <10 Liters per Cylinder and 2011 Model Year and Later Non-
Emergency Engines >3,000 HP and With a Displacement <10 Liters per Cylinder a
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Model
Maximum engine power year(s) NMHC + NOX NMHC NOX CO PM
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KW<8 (HP<11)...................... 2007 7.5 (5.6) ........... ........... 8.0 (6.0) 0.80 (0.60)
2008+ ........... ........... ........... ........... 0.40 (0.30)
8<=KW<19.......................... 2007 ........... ........... ........... 6.6 (4.9) 0.80 (0.60)
(11<=HP<25)....................... 2008+ ........... ........... ........... ........... 0.40 (0.30)
19<=KW<37 (25<=HP<50)............. 2007 7.5 (5.6) ........... ........... 5.5 (4.1) 0.60 (0.45)
2008-2012 ........... ........... ........... ........... 0.30 (0.22)
2013+ 4.7 (3.5) ........... ........... ........... 0.03 (0.02)
37<=KW<56 (50<=HP<75)............. 2007 7.5 (5.6) ........... ........... 5.0 (3.7) 0.40 (0.30)
2008-2012 4.7 (3.5) ........... ........... ........... \a\ 0.30
(0.22)
2013+ ........... ........... ........... ........... 0.03 (0.02)
56<=KW<75 (75<=HP<100)............ 2007 7.5 (5.6) ........... ........... ........... 0.40 (0.30)
2008-2011 4.7 (3.5) ........... ........... ........... ...........
2012-2013 ........... \b\ 0.19 \b\ 0.40 5.0 (3.7) 0.02 (0.01)
(0.14) (0.30)
2014+ ........... 0.19 (0.14) 0.40 (0.30)
75<=KW<130 (100<=HP<175).......... 2007 4.0 (3.0) ........... ........... ........... 0.30 (0.22)
2008-2011
2012-2013 ........... \b\ 0.19 \b\ 0.40 5.0 (3.7) 0.02 (0.01)
(0.14) (0.30)
2014+ ........... 0.19 (0.14) 0.40 (0.30)
130<=KW<560 (175<=HP<750)......... 2007-2010 4.0 (3.0) ........... ........... 3.5 (2.6) 0.20 (0.15)
2011-2013 ........... \b\ 0.19 \b\ 0.40 ........... 0.02 (0.01)
(0.14) (0.30)
2014+ ........... 0.19 (0.14) 0.40 (0.30)
KW>560 (HP>750)................... 2007-2010 6.4 (4.8) ........... ........... 3.5 (2.6) 0.20 (0.15)
Except generator sets............. 2011-2014 ........... 0.40 (0.30) 3.5 (2.6) ........... 0.10
(0.075)
2015+ ........... 0.19 (0.14) 3.5 (2.6) ........... 0.04 (0.03)
Generator sets 560900 (HP>1200)... 2007-2010 6.4 (4.8) ........... ........... 3.5 (2.6) 0.20 (0.15)
2011-2014 ........... 0.40 (0.30) 0.67 (0.50) ........... 0.10
(0.075)
2015+ ........... 0.19 (0.14) ........... ........... 0.03 (0.02)
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\a\ A manufacturer has the option of skipping the 0.30 g/KW-hr PM standard for all 37-56 KW (50-75 HP) engines.
The 0.03 g/KW-hr standard would then take effect 1 year earlier for all 37-56 KW (50-75 HP) engines, in 2012.
The Tier 3 standard (0.40 g/KW-hr) would be in effect until 2012.
\b\ 50 percent of the engines produced have to meet the NOX + NMHC standard, and 50 percent have to meet the
separate NOX and NMHC limits.
b. 2007 Model Year and Later Non-Emergency Stationary CI ICE >3,000
HP and With a Displacement <10 Liters per Cylinder. The standards
require that engine manufacturers certify their 2007 through 2010 model
year non-
[[Page 39157]]
emergency stationary CI ICE with a maximum engine power greater than
3,000 HP and a displacement of less than 10 liters per cylinder to the
emission standards shown in table 2 of this preamble. For 2011 model
year and later non-emergency stationary CI ICE with a maximum engine
power greater than 3,000 HP and a displacement of less than 10 liters
per cylinder, manufacturers must certify these engines to the Tier 4
nonroad diesel engine standards as shown in table 1 of this preamble,
as applicable, for all pollutants, for the same model year and maximum
engine power.
Table 2.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for Pre-2007 Model Year Engines With a
Displacement <10 Liters per Cylinder and 2007-2010 Model Year Engines >3,000 HP and With a Displacement <10
Liters per Cylinder
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Maximum engine power NMHC + NOX HC NOX CO PM
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KW<8 (HP<11)................................ 10.5 (7.8) ........... ........... 8.0 (6.0) 1.0 (0.75)
8<=KW<19 (11<=HP<25)........................ 9.5 (7.1) ........... ........... 6.6 (4.9) 0.80 (0.60)
19<=KW<37 (25<=HP<50)....................... 9.5 (7.1) ........... ........... 5.5 (4.1) 0.80 (0.60)
37<=KW<56 (50<=HP<75)....................... .............. ........... 9.2 (6.9) ........... ...........
56<=KW<75 (75<=HP<100)...................... .............. ........... 9.2 (6.9) ........... ...........
75<=KW<130 (100<=HP<175).................... .............. ........... 9.2 (6.9) ........... ...........
130<=KW<225 (175<=HP<300)................... .............. 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
225<=KW<450 (300<=HP<600)................... .............. 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
450<=KW<=560 (600<=HP<=750)................. .............. 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
KW>560 (HP>750)............................. .............. 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
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c. 2007 Model Year and Later Non-Emergency Stationary CI ICE with
a Displacement >=10 and <30 Liters per Cylinder. The standards require
that engine manufacturers certify their 2007 model year and later non-
emergency stationary CI ICE with a displacement of greater than or
equal to 10 liters per cylinder and less than 30 liters per cylinder to
the certification emission standards for new marine CI engines in 40
CFR 94.8, as applicable, for all pollutants, for the same displacement
and maximum engine power. These emission standards are shown in table 3
of this preamble.
Table 3.-- NOX, THC, CO, and PM Emission Standards in g/KW-hr for 2007
Model Year and Later Stationary CI ICE With a Displacement >=10 and <30
Liters per Cylinder
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Engine size--liters per cylinder, rated
power THC + NOX CO PM
------------------------------------------------------------------------
5.0<=displacement<15.0 All Power Levels.. 7.8 5.0 0.27
15.0<=displacement<20.0 <3,300 KW........ 8.7 5.0 0.50
15.0<=displacement<20.0 >=3,300 KW....... 9.8 5.0 0.50
20.0<=displacement<25.0 All Power Levels. 9.8 5.0 0.50
25.0<=displacement<30.0 All Power Levels. 11.0 5.0 0.50
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d. 2007 Model Year and Later Emergency Stationary CI ICE <30 Liters
per Cylinder. The standards require that manufacturers certify their
2007 model year and later emergency stationary CI ICE less than or
equal to 3,000 HP and with a displacement of less than 10 liters per
cylinder that are not fire pump engines to Tier 2 through Tier 3
nonroad CI engine emission standards, and Tier 4 nonroad CI engine
standards that do not require add-on control, according to the nonroad
diesel engine schedule. Manufacturers must certify their 2007 through
2010 model year emergency stationary CI ICE greater than 3,000 HP and
with a displacement less than 10 liters per cylinder that are not fire
pump engines to the emission standards shown in table 2 of this
preamble. Manufacturers must certify their 2011 model year and later
emergency stationary CI ICE that are greater than 3,000 HP and with a
displacement less than 10 liters per cylinder that are not fire pumps
to Tier 2 and Tier 3 nonroad CI engine standards, and to Tier 4 nonroad
CI engine standards that do not require add-on control. Manufacturers
are required to certify their 2007 model year and later emergency
stationary CI ICE with a displacement of greater than or equal to 10
liters per cylinder and less than 30 liters per cylinder to the
certification emission standards for new marine CI engines in 40 CFR
94.8. Manufacturers must certify their post-Tier 1 emergency fire pumps
to the emission standards shown in table 4 of this preamble.
3. Final Standards for Owners and Operators
Owners and operators of stationary CI ICE are required to meet the
emission standards in the final rule over the entire life of the
engine.
a. Stationary CI ICE with a Displacement <30 Liters per Cylinder.
Owners and operators that purchase pre-2007 model year stationary CI
ICE with a displacement of less than 10 liters per cylinder that are
not fire pump engines must meet the emission standards for pre-2007
model year engines, which are shown in table 2 of this preamble. Owners
and operators that purchase pre-2007 model year stationary CI ICE with
a displacement of greater than or equal to 10 and less than 30 liters
per cylinder that are not fire pump engines must meet the emissions
standards in 40 CFR 94.8(a)(1). Section 94.8(a)(1) specifies the
following NOX limits: 17.0 g/KW-hr (12.7 g/HP-hr) when the
maximum test speed is less than 130 revolutions per minute (rpm); 45.0
x N-0.20 when maximum test speed is at least 130 but less
than 2000 rpm, where N is the maximum test speed of the engine in rpm;
and 9.8 g/KW-hr (7.3 g/HP-hr) when maximum test speed is 2000 rpm or
more.
Owners and operators that purchase fire pump engines must meet the
emission standards in table 4 to the final rule.
[[Page 39158]]
Owners and operators that purchase 2007 model year and later
stationary CI ICE with a displacement of less than 30 liters per
cylinder that are not fire pump engines, and post-Tier 1 fire pump
engines, must purchase an engine that is certified by the manufacturer
according to the provisions of the rule.
b. Stationary CI ICE with a Displacement >=30 Liters per Cylinder.
Owners and operators of stationary CI ICE with a displacement of
greater than or equal to 30 liters per cylinder are required to reduce
NOX emissions by 90 percent or more, or alternatively they
must limit the emissions of NOX in the stationary CI
internal combustion engine exhaust to 1.6 g/KW-hr (1.2 g/HP-hr). Owners
and operators of stationary CI ICE with a displacement of greater than
or equal to 30 liters per cylinder are also required to reduce PM
emissions by 60 percent or more, or alternatively they must limit the
emissions of PM in the stationary CI internal combustion engine exhaust
to 0.15 grams per KW-hour (0.11 grams per HP-hour).
4. Final Standards for Manufacturers and Owners and Operators of
Emergency Stationary Fire Pump Engines
The rule requires that owners and operators of emergency fire pump
engines meet the emission standards shown in table 4 of this preamble,
for all pollutants, for the same model year and NFPA nameplate engine
power. Starting with the model year in which the most stringent
standards begin for each HP range, emergency fire pumps must be
certified to the emission standards shown in table 4 of this preamble.
Emergency fire pump engines between 50 and 600 HP with a rated speed of
greater than 2,650 rpm have been given an additional 3 years to meet
the most stringent emission standards.
Table 4.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for Emergency Fire Pump Engines
----------------------------------------------------------------------------------------------------------------
Maximum engine power Model year(s) NMHC + NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11).............................. 2010 and earlier............. 10.5 (7.8) 8.0 (6.0) 1.0 (0.75)
2011 +....................... 7.5 (5.6) ........... 0.40 (0.30)
8<=KW<19 (11<=HP<25)...................... 2010 and earlier............. 9.5 (7.1) 6.6 (4.9) 0.80 (0.60)
2011 +....................... 7.5 (5.6) ........... 0.40 (0.30)
19<=KW<37 (25<=HP<50)..................... 2010 and earlier............. 9.5 (7.1) 5.5 (4.1) 0.80 (0.60)
2011 +....................... 7.5 (5.6) ........... 0.30 (0.22)
37<=KW<56 (50<=HP<75)..................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2011 + \a\................... 4.7 (3.5) ........... 0.40 (0.30)
56<=KW<75 (75<=HP<100).................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2011 + \a\................... 4.7 (3.5) ........... 0.40 (0.30)
75<=KW<130 (100<=HP<175).................. 2009 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2010 + \a\................... 4.0 (3.0) ........... 0.30 (0.22)
130<=KW<225 (175<=HP<300)................. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009 + \a\................... 4.0 (3.0) ........... 0.20 (0.15)
225<=KW<450 (300<=HP<600)................. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009 + \a\................... 4.0 (3.0) ........... 0.20 (0.15)
450<=KW<=560 (600<=HP<=750)............... 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009 +....................... 4.0 (3.0) ........... 0.20 (0.15)
KW>560 (HP>750)........................... 2007 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2008 +....................... 6.4 (4.8) ........... 0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\a\ Emergency fire pump engines with a rated speed of greater than 2,650 rpm are allowed an additional 3 years
to meet these standards.
5. Fuel Requirements
In addition to emission standards, the final rule requires that
beginning October 1, 2007, owners and operators of stationary CI ICE
that use diesel fuel must only use diesel fuel meeting the requirements
of 40 CFR 80.510(a), which requires that diesel fuel have a maximum
sulfur content of 500 parts per million (ppm) and either a minimum
cetane index of 40 or a maximum aromatic content of 35 volume percent.
Beginning October 1, 2010, owners and operators of stationary CI ICE
with a displacement of less than 30 liters per cylinder that use diesel
fuel must only use diesel fuel meeting the requirements of 40 CFR
80.510(b) for nonroad diesel fuel, which requires that diesel fuel have
a maximum sulfur content of 15 ppm and either a minimum cetane index of
40 or a maximum aromatic content of 35 volume percent. The final rule
does not contain a standard for SO2; the use of low sulfur
diesel fuel will result in lower emissions of SO2. EPA does
not expect that the lubricity of the ultra low sulfur diesel (ULSD)
will be an issue because additives can be added to ULSD to achieve a
sufficient lubricity.
Manufacturers of stationary CI ICE with a displacement of 30 liters
per cylinder or more indicated that they are able to operate their
engines on 500 ppm sulfur fuel, but they do not have any experience
operating their engines on 15 ppm sulfur fuel, and they need to perform
testing to ensure there are no problems with the lubricity of the ULSD
fuel. The use of ULSD is not required for owners and operators of these
engines.
The fuel requirements of this rule only apply to engines that are
subject to this rule, i.e., those engines that meet the applicability
provisions of Sec. 60.4200 of the final rule.
E. What are the requirements for sources that are modified or
reconstructed?
The final standards apply to stationary CI ICE that are modified or
reconstructed after July 11, 2005. The guidelines for determining
whether a source is modified or reconstructed are given in 40 CFR 60.14
and 40 CFR 60.15, respectively. Stationary CI ICE that are modified or
reconstructed must meet the emission standards for the model year in
which the engine was originally new, not the year the engine was
modified or reconstructed. Therefore, a pre-2007 model year engine
modified after 2007 must meet the emission standards for pre-2007 model
year engines.
[[Page 39159]]
F. What are the requirements for demonstrating compliance?
1. Engine Manufacturers
Manufacturers of stationary CI ICE must demonstrate compliance with
the final rule by certifying that their 2007 model year and later
stationary CI ICE with displacement less than 30 liters per cylinder
meet the emission standards in the final rule using the certification
procedures in subpart B of 40 CFR part 89, subpart C of 40 CFR part 94,
or subpart C of 40 CFR part 1039, as applicable, and must test their
engines as specified in those parts. Manufacturers of fire pump engines
do not have to certify Tier 1 engines and, for post-Tier 1 engines, may
use the optional test cycle provided in table 6 to the final rule.
Manufacturers of certified stationary CI ICE that must meet the
emission standards of 40 CFR part 1039 must also meet the emission-
related warranty requirements of 40 CFR 1039.120; the provisions in 40
CFR 1039.125 and 40 CFR 1039.130, which require the engine manufacturer
to provide engine installation and maintenance instructions to buyers;
the engine labeling requirements in 40 CFR 1039.135; and the general
compliance provisions in 40 CFR part 1068. Manufacturers of certified
stationary CI ICE that must meet the emission standards of 40 CFR part
89 or 40 CFR part 94 must meet the corresponding provisions of 40 CFR
part 89 or 40 CFR part 94 for engines that would be covered by that
part if they were nonroad (including marine) engines. After the Tier 4
standards take effect, manufacturers of emergency stationary CI ICE
that do not meet the standards for non-emergency engines must add to
each such emergency engine a permanent label which states that the
engine is for emergency use only. Engine manufacturers must also
specify in the owner's manual that operation of emergency engines is
limited to emergency operations and required maintenance and testing.
Engine manufacturers that certify an engine family or families to
standards under the final rule that are identical to standards
applicable under 40 CFR part 89, 40 CFR part 94, or 40 CFR part 1039
for that model year may certify any such family that contains both
nonroad (including marine) and stationary engines as a single engine
family and/or may include any such family containing stationary engines
in the averaging, banking and trading (ABT) provisions applicable for
such engines under those parts.
EPA has used ABT often in the context of the nonroad engine
program. The averaging provisions basically allow manufacturers to
certify certain engine families to emission levels more stringent than
required and to certify other engine families to levels less stringent
than required, as long as the average emission levels to which these
engine families are certified are at least equal to the appropriate
standards. The banking program allows manufacturers to generate credits
by certifying engine families to more stringent standards than required
in a particular year and to use such credits in later years. The
trading provisions allow engine manufacturers to trade credits with
other engine manufacturers covered by the same requirements. The ABT
provisions include significant restrictions and compliance
requirements, including upper limits on the level to which any engine
family may certify.
Under the nonroad engine program, the ABT provisions, where
applied, are important elements in our determination of the standards
of performance that represent ``the greatest degree of emission
reduction achievable through the application of technology which the
Administrator determines will be available for the engines * * * to
which the standards apply, giving appropriate consideration to the cost
of applying such technology within the period of time available to
manufacturers and to noise, energy and safety factors * * *.'' See CAA
section 213(a)(3) and Natural Resources Defense Council v. Thomas, 805
F.2d 410, 425 (D.C. Cir. 1986) (upholding EPA regulations allowing
manufacturers to meet emission standards for heavy-duty engines by
averaging among engine families); see also discussions at 69 FR 38996
(June 29, 2004) and 55 FR 30584, 93-99 (July 26, 1990).
Similarly, we believe that these ABT provisions are essential
elements in our determination that the final standards reflect best
BDT. The flexibility provided by the ABT provisions allows the
manufacturer to adjust its compliance for engine families for which
coming into compliance with the standards will be particularly
difficult or costly, without special delays or exceptions having to be
written into the final rule. Emission-credit programs also create an
incentive for the early introduction of new technology (for example, to
generate credits in early years to create compliance flexibility for
later engines), which allows certain engine families to act as
trailblazers for new technology. This improves the feasibility of
achieving the standards for the entire population of regulated engines.
EPA has concluded as a factual matter, as reflected in this final rule,
that an ABT program, operated at the level of the manufacturer,
represents the best system of emissions reductions, considering all
relevant factors.
We believe the ABT provisions are appropriate for this program. The
ABT provisions are applicable to engine manufacturers, who manufacture
numerous engines for use in all areas of the country, as opposed to the
final owner/operators of the units. These standards will apply to
hundreds of different engine families that will be used in tens of
thousands of different engines. The flexibility provided by the ABT
program is an important instrument for manufacturers to use in meeting
the stringent standards of this program affecting a large number of
engine families.
We are finalizing minor revisions to several existing mobile source
regulations to help incorporate several of these provisions.
EPA is requiring that manufacturers of stationary CI ICE that are
seeking certificates of conformity be subject to the same fee
provisions as those promulgated for comparable land-based and marine
nonroad engines in EPA's most recent fees rulemaking (see 69 FR 26222,
May 11, 2004) and be required to comply with the fees rule in the same
manner as manufacturers already subject to the fees regulations.
Because EPA will be providing certificates of conformity to stationary
CI ICE manufacturers and, thus is providing a service or thing of value
to the manufacturers, the Independent Offices Appropriations Act (31
U.S.C. 9701) authorizes such a fee collection. Having reviewed the
recent fees rule for the motor vehicle and engine compliance program,
and its associated cost study which examined EPA's incurred cost of
compliance services, we believe that the fees provided in that rule are
appropriate for the comparable costs of administering the compliance
program for the engines associated with this final rule. These engines
are subject to the same general compliance regime as land-based nonroad
CI engines and, for those with a displacement between 10 and 30 liters
per cylinder, marine engines covered by the existing fees rule. We
believe fees for each respective request for certification of
conformity for stationary CI ICE should have the same fee amount as for
those engines.
Under the provisions of the existing fees rule, the initial fees
for certification applications received in the 2004 and 2005 calendar
years (for example, $1,822 and $826, respectively, for land-based
nonroad CI engines and marine engines) are adjusted on an annual basis
[[Page 39160]]
based on several factors, including any changes in the number of
certificates in the respective fee categories. Thus, the number of
certificates that EPA issues for the engines covered by this final rule
will be included in the respective fee categories when EPA conducts its
annual calculation for the purposes of adjusting fees based on the
existing regulatory formula. Please note that the fee amounts for
calendar year 2006 have slightly increased from the fee amounts for the
2004 and 2005 calendar year fees. See EPA's Guidance Letter CCD-05-05
at http://www.epa.gov/otaq/cert/dearmfr/dearmfr.htm. Finally, EPA
believes it appropriate to commence the collection of fees immediately
for each certification of conformity request once the final rule
becomes effective.
2. Owners and Operators
All engines and control devices must be installed, configured,
operated, and maintained according to the specifications and
instructions provided by the engine manufacturer. EPA has also included
the option for owners and operators to follow procedures developed by
the owner or operator that have been approved by the engine
manufacturer for cases where site-specific conditions may require
changes to the manufacturer's typical guidelines. Other compliance
requirements for owners and operators of stationary CI ICE depend on
the displacement and model year of the engine. Owners and operators of
pre-2007 model year engines with a displacement less than 30 liters per
cylinder and Tier 1 fire pump engines can demonstrate compliance by
purchasing an engine that is certified to meet the nonroad emission
standards for the model year and maximum engine power of the engine.
Other information such as performance test results for each pollutant
for a test conducted on a similar engine; data from the engine
manufacturer; data from the control device vendor; or conducting a
performance test can also be used to demonstrate compliance with the
emission standards. The records which indicate that the engine is
complying with the emission standards of the final rule must be kept on
file by the owner or operator of the engine and be available for
inspection by the enforcing agency. Engine manufacturers and/or control
device vendors may provide such information at the time of sale.
Manufacturers that provide such information to their customers may also
choose to place a label on the engine that indicates the engine meets
the applicable standards for stationary CI ICE under 40 CFR part 60,
subpart IIII, as long as the label does not violate or otherwise
interfere with other labels or requirements mandated by other
regulations. If the owner or operator chooses to conduct a performance
test to demonstrate compliance with the final rule, the test must be
conducted according to the in-use testing procedures of 40 CFR 1039,
subpart F.
Starting with 2007 model year engines with a displacement of less
than 30 liters per cylinder, owners and operators of engines that are
not fire pump engines are required to demonstrate compliance by
purchasing an engine certified to meet the applicable emission standard
for the model year and maximum engine power of the engine. Certified
fire pump engines will be available between 2008 and 2011, depending on
the size of the engine. For 2007 model year and later fire pump engines
that are not required to be certified, owners and operators can
demonstrate compliance using the procedures specified for pre-2007
model year engines. Beginning with the model years shown in table 3 to
the final rule, owners and operators of fire pump engines must purchase
certified engines.
If in-use testing is conducted, the owner and operator of engines
with a displacement of less than 30 liters per cylinder would be
required to meet not-to-exceed (NTE) emission standards instead of the
standards in tables 1 and 2 of this preamble. Engines that are
complying with the emission standards in 40 CFR part 1039 (Tier 4
standards) must not exceed the NTE standards for the same model year
and maximum engine power as required in 40 CFR 1039.101(e) and 40 CFR
1039.102(g)(1), except as specified in 40 CFR 1039.104(d) starting when
NTE requirements take effect for nonroad diesel engines under 40 CFR
part 1039. Engines that are complying with the emission standards in 40
CFR 89.112 (Tier 2/3 standards), and engines that are pre-2007 model
year engines must meet the NTE standards in Equation 1 of this
preamble:
[GRAPHIC] [TIFF OMITTED] TR11JY06.008
Where:
NTE = The NTE emission standard for each pollutant.
STD = The certification emission standard specified for each pollutant
in table 1 or 2 of this preamble for the same model year and maximum
engine power.
M = 1.25
Alternatively, stationary CI ICE that are complying with the
emission standards in 40 CFR 89.112 or that are pre-2007 model year
engines may use the testing procedures specified for engines with a
displacement of greater than or equal to 30 liters per cylinder,
described in the next paragraph, instead of the NTE provisions
discussed above.
Owners and operators of stationary CI ICE with a displacement of
greater than or equal to 30 liters per cylinder must conduct an initial
performance test to demonstrate compliance with the emissions
reductions requirements, establish operating parameters and monitor
operating parameters continuously. Non-emergency engines with a
displacement of greater than or equal to 30 liters per cylinder must
also conduct annual performance tests. The NTE standards do not apply
to engines that have a displacement of greater than or equal to 30
liters per cylinder. Testing conducted on these engines must be
performed to demonstrate that NOX and PM emission standards
are achieved, and the tests must be conducted within 10 percent of 100
percent peak (or the highest achievable) load.
G. What are the monitoring requirements?
Owners and operators of stationary CI ICE that are equipped with
catalyzed diesel particulate filters (CDPF) must install a backpressure
monitor that will notify the operator when the high backpressure limit
of the engine is approached. All emergency stationary CI ICE must have
a non-resettable hour meter to track the number of hours operated
during any type of operation.
H. What are the reporting and recordkeeping requirements?
The owner or operator of non-emergency stationary CI ICE that are
greater than 3,000 HP or with a displacement of greater than or equal
to 10 liters per cylinder, and non-emergency stationary CI ICE pre-2007
model year engines greater than 175 HP and not certified, must submit
an initial notification. The initial notification must contain
information identifying the owner or operator, the engine and control
device, and the fuel used. As mentioned, engines that are not certified
have various options for demonstrating initial compliance, which would
be documented in records available on-site. Also, all owners and
operators must keep records of all information necessary to demonstrate
compliance with the emission standards such as records of all
notifications submitted, any maintenance conducted on the engine, any
performance tests conducted on the engine (or performance tests
conducted on a similar engine that is used to
[[Page 39161]]
demonstrate compliance), engine manufacturer or control device vendor
information, etc. Owners and operators of certified engines must keep
records of documentation from the manufacturer that the engine is
certified to meet the emission standards. Owners and operators of
engines that are equipped with CDPF must install a backpressure monitor
and are required to maintain records of any corrective action taken
after the backpressure monitor has notified the owner or operator that
the backpressure limit is approached. These records must be available
for viewing upon request by the enforcing agency. Owners and operators
of emergency engines are not required to submit initial notifications.
However, these engines must have a non-resettable hour meter. Owners
and operators of emergency engines are required to keep records of
their hours of operation. Owners and operators must record the time of
operation of the engine and the reason the engine was in operation
during that time.
III. Summary of Significant Changes Since Proposal
Most of the rationale used to develop the proposed rule remains the
same for the final rule. Therefore, the rationale previously provided
in the rule, as proposed, is not repeated in the final rule, and the
rationale sections of the rule, as proposed, should be referred to.
Changes that have been made to the rule since proposal are discussed in
this section with rationale following in the Summary of Responses to
Major Comments section.
A. Applicability
The final rule includes an exemption for engines used at test
cells/stands.
The final rule also exempts area sources from title V permit
requirements.
B. Fuel Requirements
The proposed rule required the same fuel requirements for all
engines, except engines used in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands. The final rule does not
require owners and operators of stationary CI ICE with a displacement
of greater than or equal to 30 liters per cylinder subject to the rule
that use diesel fuel to meet the 15 ppm fuel sulfur requirements.
Owners and operators of these engines are subject to the 500 ppm fuel
requirements only, starting October 1, 2007.
In addition, EPA received comments on the proposal requesting that
EPA delay the sulfur requirements for diesel fuel intended for
stationary ICE in rural areas of Alaska until 2010, consistent with the
approach that was expected to be proposed for nonroad and highway
engines in rural Alaska. EPA believes it is appropriate to address
stationary, highway and nonroad fuel requirements in one rule where all
issues can be addressed and resolved. Therefore, on October 13, 2005
(70 FR 59690), EPA proposed to revise the provisions of 40 CFR part 69
(Special Exemptions from the CAA) to delay low sulfur fuel requirements
for rural areas of Alaska until December 1, 2010, except that certain
engines, including any 2011 model year and later stationary CI engines
operating in rural Alaska prior to December 1, 2010, would be required
to meet the 15 ppm sulfur requirement for diesel fuel. EPA has included
a special section in the final rule that specifies that until December
1, 2010, owners and operators of stationary CI engines located in
Alaska should refer to 40 CFR part 69 to determine the diesel fuel
requirements applicable to such engines.
In addition, the final regulations include language that allows
Alaska to submit for EPA approval through rulemaking process, by no
later than January 11, 2008, an alternative plan for implementing the
requirements of this regulation for public-sector electrical utilities
located in rural areas of Alaska not accessible by the Federal Aid
Highway System. The alternative plan must be based on the requirements
of section 111 of the CAA including any increased risks to human health
and the environment and must also be based on the unique circumstances
related to remote power generation, climatic conditions, and serious
economic impacts resulting from implementation of 40 CFR Part 60,
Subpart IIII.
EPA has included an option in the final rule for owners and
operators of pre-2011 model year engines located in remote areas of
Alaska to petition the Administrator to use any fuels mixed with used
oil that do not meet the fuel requirements in Sec. 60.4207 of the
final rule beyond the required fuel deadlines. The owner or operator
must show that there is no other place to burn the used oil. Each
petition, if approved, is valid for a period of up to 6 months.
EPA has clarified that the fuel requirements in Sec. 60.4207 of
the final rule only apply to stationary CI ICE that are subject to the
rule, and do not apply to new engines manufactured prior to April 1,
2006, unless they have been modified or reconstructed after July 15,
2005.
C. Maintenance and Testing
The proposed rule limited the use of emergency engines for the
purpose of maintenance and testing to 30 hours per year. This limit has
been increased in the final rule to 100 hours per year. EPA has also
included a provision that allows anyone to petition the Administrator
for additional hours, beyond the allowed 100 hours per year, if such
additional hours should prove to be necessary for maintenance and
testing reasons. EPA will not require a petition for additional hours
if the hours beyond 100 hours per year for maintenance and testing
purposes are mandated by regulation such as State or local
requirements.
D. Emission Standards
The emission standards for engines with a displacement of greater
than or equal to 30 liters per cylinder in the final rule are different
than in the rule, as proposed. EPA received comments that the proposed
PM standards and the proposed NOX g/KW-hr standard were not
achievable. EPA revised the standards for the final rule and believes
the final levels are achievable through the use of on-engine controls,
aftertreatment, and lower sulfur fuel.
E. Recordkeeping
For emergency engines, EPA proposed that owners and operators
record the use of the engine during non-emergency operation. These
hours would be recorded through the non-resettable hour meter. Based on
comments received on the rule, as proposed, EPA has determined that it
is appropriate to require records of all operation, including hours
operated during non-emergencies and hours operated during emergencies.
The owner must also record the time of operation of the engine and the
reason the engine was in operation during that time.
IV. Summary of Responses to Major Comments
A more detailed summary of comments and EPA's responses can be
found in the Summary of Public Comments document, which is available
from the rulemaking docket (see ADDRESSES section).
A. Applicability/Effective Date
Comment: One commenter expressed that the 6-month installation date
deadlines in Sec. 60.4208 of the proposed rule are problematic and
unworkable. The period of time between the manufacture of a stationary
CI engine and its installation is regularly in excess of 6 months. The
NSPS should incorporate the relevant anti-stockpiling
[[Page 39162]]
from the nonroad rule (40 CFR 89.1003(b)(4)) instead.
Another commenter said that Sec. 60.4208(a) of the proposed rule
does not exclude fire pumps (emergency CI ICE), but Sec. 60.4208(c)
through (f) of the proposed rule does. A 6-month time limitation will
become problematic, the commenter said. Due to construction project
complexities, size and delays, NFPA certified fire pump engines may not
be installed for as long as 1 year after the date of sale by the NFPA
certifier. The NFPA certified fire pump engines are typically not
purchased for inventory, and therefore, are self regulated by the date
of manufacturer. The commenter stated that fire pump engines should be
exempt from this fixed time restriction.
Response: EPA agrees with the commenters that the 6-month deadline
for installing engines of a previous tier is not long enough to allow
for the time that typically elapses between order and installation of
an engine and may prevent engine manufacturers from using up existing
inventories of engines. Therefore, EPA increased the time limit to 24
months after the beginning of the model year. EPA has also included
anti-stockpiling provisions similar to those used for nonroad engines
to prohibit stockpiling of previous tier engines in the final rule.
Also, EPA was concerned about imports of non-compliant stationary CI
engines and has made it clear in Sec. 60.4208 of the final rule that
the limitations of that section apply to imports of engines with a
displacement of less than 30 liters per cylinder also. Engines with a
displacement greater than or equal to 30 liters per cylinder are not
included in this provision since compliance with the emission standards
for those engines can only be demonstrated through on-site stack
testing. Finally, EPA has exempted stationary emergency fire pump
engines from the deadlines in Sec. 60.4208(a) and (b) of the final
rule to account for the fact that fire pumps have different timing
requirements for the emission standards they have to meet.
Comment: One commenter requested that the rule exempt area sources
from the requirement to have a title V permit solely because of the
presence of an affected engine.
Response: Section 502(a) of the CAA specifies the sources that are
required to obtain operating permits under title V. These sources
include (1) any affected source subject to the acid deposition
provisions of title IV of the CAA, (2) any major source, (3) any source
required to have a permit under parts C or D of title I of the CAA, (4)
``any other source (including an area source) subject to standards
under section 111 (new source performance standards) or 112 (national
emissions standards for hazardous air pollutants),'' and (5) any other
stationary source in a category designated by regulations promulgated
by the Administrator.
Section 502(a) of the CAA also provides that the Administrator may
``promulgate regulations to exempt one or more source categories (in
whole or in part) from the requirements of this subsection if the
Administrator finds that compliance with such requirements is
impracticable, infeasible, or unnecessarily burdensome on such
categories, except that the Administrator may not exempt any major
source from such requirements.'' EPA has exempted many area sources
subject to section 111 or 112 standards from title V requirements in
prior rulemakings, in particular see a recent final rule, 70 FR 75320,
December 19, 2005, that provides additional background information and
rationale for such exemptions for a large number of area sources
subject to CAA section 112 standards.
In the case of affected stationary CI engines located at area
sources, EPA believes compliance with permit requirements under title V
would be impracticable, infeasible and unnecessarily burdensome for the
reasons explained below.
First, title V permits would be unnecessarily burdensome for area
sources subject to this final rule because title V would not result in
significant improvements to compliance with the CAA section 111(b)
standard for the area sources. (The term ``title V permits'' used here
refers to permits issued under 40 CFR parts 70 or 71 by either a State
or local agency or EPA.) For a great number of these area sources,
these engines are the only emission source and the owner/operator
(often a hospital or a school) will not be at all familiar with the
requirements for permits. To demonstrate compliance with these section
111(b) standards, the final rule requires the owner or operator of the
area source to purchase a certified stationary CI engine. Certification
that the engine meets the emission reduction requirements of this final
rule is done by the manufacturer of the engine, rather than the area
source that owns or operates the engine. This strategy places a
significant amount of responsibility for compliance with the standard
on the manufacturer, compared to many other emission standards that
place the compliance responsibility on the owner or operator. EPA
believes this strategy is the most effective way to ensure that the
standard is met during the useful life of the engine. Also, title V
would not result in significant improvements to compliance with the
standard for these area sources because the section 111(b) standard
itself contains adequate compliance requirements for these area
sources, consistent with the CAA, without relying on title V.
Second, title V would impose certain burdens and costs on area
sources subject to this final rule that EPA does not believe are
justified when compared to the potential for title V permits to improve
compliance with the CAA section 111(b) standards for such sources. This
is so because EPA believes the costs and burdens of title V permits for
the typical area sources subject to this final rule would be
significant. This assessment is not based on any particular empirical
data or study but on a review of the types of stand-alone area sources
that would be subject to the final rule, for example, small farming
operations using diesel engines for irrigation purposes and small
businesses and residential homeowners using diesel engines for back-up
electrical power generation. (See current ICR for 40 CFR part 70, EPA
ICR 1587.06 and OMB control number 2060-0243 for EPA's best
estimate of the burdens and costs of title V for sources subject to 40
CFR part 70 on a national, aggregate basis.) Also, as explained above,
EPA's judgment is that requiring operating permits for these area
sources would not result in significant improvements to compliance over
that already required by this final rule. Thus, the burdens and cost of
title V permits for these area sources would be significant, and in any
case, they will be unnecessary and not justified, when compared to the
low potential for title V permits to improve compliance, consistent
with the ``unnecessarily burdensome'' criterion of section 502(a) of
the CAA.
The strategy of this final rule, requiring the manufacture of
cleaner burning emission sources (manufacturer-based controls), has
been employed in other CAA section 111 standards, for example, the NSPS
for new residential woodstoves (subpart AAA of 40 CFR part 60). We
exempted area sources subject to the woodstove NSPS in the final rule
for 40 CFR part 70 (57 FR 32250, July 21, 1992) for reasons similar to
those we describe today for stationary CI IC engines. (40 CFR
70.3(b)(4) and 40 CFR 71.3(b)(4).)
Thus, we have decided to exempt area sources subject to this final
rule from title V operating permit requirements under 40 CFR part 70
and 40 CFR part 71, and we have changed the applicability language in
the final regulations to specify this. Under this approach, title V
exemptions are
[[Page 39163]]
allowed for an area source, provided the area source is not required to
obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for another
reason, such as when the source becomes a major source. Also note that
this exemption only affects whether an area source is required to
obtain an operating permit, it has no bearing on any other requirements
of this final rule.
B. Modeling Mobile Source Program
Comment: Two commenters stated that the proposed standard layers
mobile source requirements with similar 40 CFR part 60 requirements.
These mobile legacy provisions, such as the General Provisions and
testing requirements for nonroad engines, are foreign to stationary
source operators. Two commenters said that a rule modeled after mobile
standards is unnecessarily complex and includes requirements that are
inconsistent with the legacy of stationary sources affected under 40
CFR part 60. One commenter was concerned that an array of unforeseen
implementation issues could arise in translating the mobile source
criteria to stationary sources.
One commenter said that the limits are based upon the engine model
year and could lead to confusion. Limits for stationary sources have in
the past been based upon the date of construction or operation. Two
adjacent facilities may install identical engines manufactured by
different companies and are of different model years. These engines
could be subject to different limits. The facility that is subject to
the more stringent limits may challenge the fairness of the limits and
the cost to comply with the more stringent limits. This can be avoided
by establishing limits based upon the date a source commences
operation. The commenter added that compliance with NSPS limits is
primarily based upon manufacturer guarantees. This is a new regulatory
strategy for stationary sources. The New York (NY) Department of
Environmental Conservation (DEC) issues permits to facility owners/
operators, which are contracts whereby the permittee agrees to comply
with all applicable provisions. Manufacturers are not parties to
permits issued by the NY DEC. Any violation of a permit condition is,
therefore, the responsibility of the permittee. Any enforcement action
initiated by the NY DEC would be against the permittee, not the
manufacturer. The NY DEC's distributed generation rule (6 NYCRR part
222) is structured in this way. If an engine is not in compliance with
the limits, the owner/operator may have legal recourse against the
manufacturer depending upon the conditions of a warranty. The NY DEC,
not being a party to a warranty, would not have legal recourse against
the manufacturer. This commenter recommended that the owner/operator be
responsible for compliance with emission limits under the NSPS.
Response: EPA disagrees with these commenters on certain issues.
EPA agrees that aligning the NSPS with mobile standards and placing
significant responsibility with manufacturer is somewhat unusual, but
it is not an unprecedented regulatory strategy for stationary sources
(40 CFR part 60, subpart AAA, Standards of Performance for New
Residential Wood Heaters). EPA has determined that it is appropriate to
develop a regulatory strategy for internal combustion engines that is
generally directed towards engine manufacturers. EPA recognizes that
the proposed approach is different than the strategy typically followed
in NSPS rulemaking for stationary sources, which is often aimed at the
owners and operators of stationary sources. However, EPA has worked
with engine manufacturers throughout the rule development process, and
it was determined that developing a rule that will affect engines at
the manufacturing level, will achieve the best system of emission
reduction while taking into account the cost of achieving such
reductions. The certification of nonroad diesel engines is a well-
established program that engine manufacturers are familiar with. Engine
manufacturers have indicated that they often design and manufacture the
same engines for nonroad use as for stationary use. As mentioned in the
preamble to the proposed rule, the vast majority of stationary CI
engines are consumer products produced in mass quantities. Internal
combustion engines have traditionally been regulated through the
manufacturer for purposes of meeting mobile source regulations.
Manufacturers have extensive experience with complying with such
standards. It is also simpler, more reliable, and comparatively
inexpensive to regulate stationary CI engines employing the same
approach as for mobile sources than to create a new approach based on
testing by every owner and operator.
Moreover, EPA believes this method of regulation will be much
easier for owners and operators (represented by the commenters) than a
set of regulations aimed primarily at owners and operators. The
commenters note that the proposed standards layer mobile source
requirements on 40 CFR part 60 requirements, but EPA's mobile source
regulations are directed towards manufacturers, so they will not
substantially affect owners and operators. In general, owners and
operators will be required to purchase certified engines, which are
likely to be the only new engines available, since manufacturers will
not be able to sell uncertified engines. This would seem to be
preferable from an owner/operator's perspective than having to
individually test all of its new engines initially and periodically
thereafter to show compliance with the standards, and to engage in all
of the other compliance procedures normally required for stationary
sources. While EPA acknowledges that this approach is one with which
stationary source owners and operators may not be accustomed, EPA
believes that this approach will provide less burden to owners and
operators than a more standard NSPS approach. Regarding the comments
from NY DEC, EPA believes that because the owner/operator will be
purchasing certified engines, it will know prior to purchase and
installation the emission limits and costs for the engine. A
manufacturer would not be selling identical engines for different model
years unless the engine met the standards for both model years, so
there would be no increased cost for the user. Unlike in other
regulations, the emission-related costs are known from the outset,
because they are inherent in the cost of the certified engine. The NSPS
should have no effect on the manner in which NY DEC ensures compliance
with its distributed generation rule. However, as discussed below,
owners and operators do have responsibilities under the NSPS,
compliance with which can be readily determined. EPA agrees that it
would be appropriate to specify what parts of the General Provisions
apply to engines subject to subpart IIII of 40 CFR part 60. In the
final rule, EPA has included a table listing which General Provisions
from 40 CFR part 60, subpart A, apply to stationary CI engines subject
to this subpart.
C. Fuel Requirements
Comment: One commenter stated that no operating experience
currently exists for engines with a displacement of greater than or
equal to 30 liters per cylinder with 15 ppm sulfur fuel, and therefore,
an alternative should be worked out. The use of ULSD may have impacts
on safety, reliability and durability of the stationary engine. At the
current stage of technology, engine manufacturers will not be able to
guarantee an engine operating
[[Page 39164]]
exclusively on ULSD. According to the European Union (EU) Directive
1999/32/EC, the maximum sulfur content of heavy fuel oil is a maximum
of 1 weight percent (10,000 ppm) from January 1, 2003, and in gas oil a
maximum of 0.1 weight percent (1,000 ppm) from January 1, 2008. These
fuels can be used in stationary CI engine plants without installed
flue-gas desulfurization. According to the EU 2001/80/EC Directive, a
maximum of 0.5 weight percent sulfur (850 milligrams per Normal (273.15
[deg]Kelvin, 101.3 kilo Pascal (kPa)) cubic meters (mg/Nm3)
SO2 at 3 percent oxygen (O2) and 280 mg/
Nm3 SO2 at 15 percent O2 fuel oil can
be used in 50 to 100 megawatt (MW) boiler plants. Large CI engines are
designed to operate on heavy fuel oil and the use of ultra clean light
fuel oils (with different density, viscosity, etc., properties) may
cause operation problems. The commenter requested that for large
engines the requirement should be equivalent to 500 ppm after 2010 on
the U.S. mainland. The commenter also stated it was reasonable for EPA
to exempt Guam, American Samoa and the Commonwealth of the Northern
Mariana Islands from fuel limits.
Another commenter expressed that additional time may be necessary
to phase in the use of ULSD with respect to new engines with a
displacement of 30 liters per cylinder or greater.
Response: EPA requested comments on whether ownes and operators of
stationary CI engines with a displacement of greater than or equal to
30 liters per cylinder should be required to use ULSD fuel. There is no
information regarding the effect of burning 15 ppm sulfur fuel in
stationary CI engines with a displacement of greater than or equal to
30 liters per cylinder and operators of these engines have expressed
concerns with burning such fuel. Manufacturers of engines with high
displacement have told EPA that there is a large variety of fuels used
in these engines and that the fuel used can contain a high sulfur
content. The fuels used in large displacement engines are of a
different grade than the fuels used in nonroad engines. Information EPA
has received indicates that engines with a displacement of greater than
or equal to 30 liters per cylinder are often designed to operate on
residual fuels containing up to 5 percent sulfur, but that these
engines can also operate on fuels with lower fuel content. Further
information on this subject can be found in the docket (EPA-HQ-OAR-
2005-0029-0146). EPA believes it would be inappropriate to require
owners and operators of these engines to use ULSD as the impacts of
using such fuel are unknown. However, EPA does believe it is
appropriate to require these engines to utilize fuel containing 500 ppm
sulfur or less, consistent with the commenter's statement. The final
rule has been written to require owners and operators of stationary CI
engines with a displacement of greater than or equal to 30 liters per
cylinder to use 500 ppm sulfur fuel starting October 1, 2007. Owners
and operators of stationary CI engines with a displacement of greater
than or equal to 30 liters per cylinder are not required to use 15 ppm
sulfur fuel, but must use 500 ppm fuel from October 1, 2007, and
beyond.
Comment: One commenter expressed that the proposed fuel
requirements would be burdensome to some facilities that store and use
large inventories of diesel fuel. To comply with the proposed fuel
requirements, an owner or operator of stationary CI engines with large
fuel inventories may have to dilute/blend existing diesel fuel
inventories with fuel that is virtually sulfur-free prior to each
compliance date in Sec. 60.4207 of the proposed rule, and sample/
analyze the blended fuel for sulfur content, and cetane index or
aromatic content to document compliance with the fuel content
requirements. Sources with large fuel inventories may require dilution
quantities that exceed the existing storage tank capacities, and
diluting/blending would be an expensive task. Diluting/blending fuel to
meet these requirements would require the procurement of diesel fuel
that has a sulfur content and cetane index or aromatic content that
would be much more stringent than the specified fuel sulfur content
standards. As an alternative, owners/operators would have to deplete
existing diesel fuel inventories completely prior to each compliance
date and then purchase fuel that meets the requirements of 40 CFR
80.510(a) and (b) for just-in-time fuel delivery prior to each
compliance date. This alternative is not reasonable for owners/
operators that operate 24 hours a day. Also, depleting inventories to
zero potentially would cause owners/operators to have to clean/remove
tank bottoms to prevent fouling of fuel lines and equipment, and to
have to dispose of off-specification diesel fuel, producing additional
costs. The commenter requested that EPA include a grandfather clause
that would allow owners/operators to continue to use up existing fuel
inventories after October 1, 2007, and October 1, 2010. Alternatively,
EPA could revise Sec. 60.4207(a) and (b) of the proposed rule by
replacing the word ``use'' with ``purchase.''
Response: EPA believes it is providing sufficient time for owners
and operators to switch to using lower sulfur fuel. Substantial amounts
of fuel meeting the fuel requirements will be available in the years
and months prior to implementation of the fuel requirements. However,
EPA understands that there may be cases where sources may be unable to
use up existing non-compliant fuel inventories prior to the fuel
compliance dates of the rule. EPA does not think it would be
appropriate to include an open-ended provision allowing owners and
operators to use up existing non-compliant fuel inventories after
October 1, 2007 and October 1, 2010. Also, EPA does not believe it
would be appropriate to use the word ``purchase'' instead of ``use'' in
Sec. 60.4207 of the rule. A more reasonable provision, which takes
into account that there may be varying volumes of existing fuels from
site to site, would be for the owners and operators to petition the
Administrator for additional time beyond the schedule set in the final
rule to use up existing non-compliant fuels. EPA believes that a case-
by-case approach to dealing with existing fuel inventories is more
appropriate and will incorporate the uniqueness of each source's fuel
inventory situation. EPA has incorporated a provision into the final
rule that allows owners and operators that have stationary CI engines
subject to the rule to petition the Administrator for additional time
to use up existing fuel inventories. If approved, the petition is valid
for a period of up to 6 months. If additional time is needed beyond
that, the owner or operator would have to submit another petition to
the Administrator. Also, EPA does not believe such a provision should
be included for engines built after 2011 as these stationary CI engines
will require the use of ULSD in order to operate properly. Therefore,
the final rule includes the provision to petition the Administrator to
use up existing non-compliant fuel for a period of 6 months only for
pre-2011 model year stationary CI engines.
D. Maintenance and Testing
Comment: Several commenters said that the testing and maintenance
allowance for emergency engines in the proposed rule was not
sufficient. Many commenters recommended revising the definition of
emergency engines to be consistent with 40 CFR part 63, subpart ZZZZ,
for stationary RICE. Commenters recommended various maintenance and
testing allowances. One commenter
[[Page 39165]]
recommended a minimum of 8 hours per month or 96 hours per year. One
commenter encouraged EPA to either exempt hospitals, categorically from
the restrictions, or apply a reasonable allowance of combined total
operations of all emergency generators per hospital facility to 2,000
hours per year. Four commenters recommended that EPA specify 100 hours
per year instead, as a maximum for maintenance and readiness testing.
Some commenters recommended that regulatory agencies could establish
site-specific limits for maintenance checks and readiness testing. One
commenter recommended allowing hospitals to petition for an exemption
raising the limit beyond 100 hours as a permanent exemption or a one-
time exemption. One commenter recommended limiting maintenance and
testing activities to 78 hours per year. One commenter said that the
operation of an emergency engine should be at the discretion of the
owner or operator, based on the engine manufacturer's recommendations
and any applicable health and safety codes. The commenter believed this
requirement is unnecessary because non-emergency engines will be
allowed to operate without any hourly limitations.
Response: As summarized above and in more detail in the Summary of
Public Comments document, EPA received several comments on the issue of
maintenance and testing of stationary emergency engines. EPA proposed
to limit the time emergency engines spend during maintenance and
testing to 30 hours per year, based on information available at the
time of proposal indicating that 30 hours per year would be sufficient
to address operation for such activities. For example, NFPA
requirements stipulated 30 minutes per week (27 hours per year) for
maintenance and testing purposes to ensure that the engine would
respond properly in the event of an emergency. A survey conducted by
the California (CA) Air Resources Board (ARB) indicated that emergency
engines spend on average of about 30 hours per year for all operation.
The proposed limit of 30 hours per year for maintenance and testing for
stationary emergency CI engines was also consistent with the CA
Airborne Toxic Control Measure (ATCM). Since the proposal of the rule,
CA increased the maintenance and testing limit based on new information
it had received, which indicated that more frequent testing was
required by certain healthcare regulatory bodies. Local air districts
in CA are allowed to approve additional hours of operation for
maintenance and testing beyond 30 hours per year, and the ATCM also
includes a sliding scale based on the PM levels the engine emits, of up
to 100 hours per year. Considering the extent to which commenters
provided information indicating that the proposed 30 hours per year
allowance was not sufficient for most emergency engines, EPA has
determined that it is appropriate to allow emergency engines to operate
100 hours per year during maintenance and testing. It is crucial to
allow owners and operators of emergency engines to sufficiently test
and maintain their emergency engines to ensure the engines will respond
properly and as expected during an emergency situation. The engines
must respond without failure and without lengthy periods of startup and
adequate testing and maintenance must therefore be performed. Based on
the comments received, EPA believes that 100 hours per year is a
sufficient amount to ensure readiness of emergency engines in most
cases. The final rule has been written to limit operation of emergency
engines to 100 hours per year during maintenance and testing operation.
In addition, EPA believes that there may be cases where it is necessary
for an owner or operator of emergency engines to operate their
emergency engines beyond 100 hours per year to ensure their engines
will respond as needed during an emergency. Additionally, Federal,
State or local safety standards may require maintenance and testing
beyond 100 hours per year. Therefore, EPA has incorporated a provision
into the final rule that allows owners and operators to petition the
Administrator for approval to operate their emergency engines for more
than 100 hours per year for maintenance and testing purposes. If a
sufficient case is presented, the Administrator may approve such
petitions for additional time to conduct maintenance checks and
readiness testing to ensure that emergency engines can be used for
their intended application during emergency situations. A petition is
not required if an owner or operator can show that operation beyond 100
hours is required by regulation such as State or local requirements.
EPA does not believe it is generally appropriate to allow unlimited
hours for maintenance and testing, or hours well in excess of 100
hours, as suggested by some commenters, given the substantial emissions
that can occur from these engines during their operation and the
ability of owners and operators to meet their maintenance and testing
needs under the final provisions. The California ARB presented in Table
IV-1 of their Staff Report from 2003 that PM and NOX
emissions from emergency standby engines in 2002 were 0.3 and 6.4 tons
per day, respectively. The maintenance and testing allowance in the
final rule would include training for and simulation of emergency
situations and EPA believes the 100 hours per year would be sufficient
to account for such operation. Documented engine repair would also be
considered maintenance and testing and the change from 30 to 100 hours
per year should provide enough hours to make necessary repairs.
Finally, peak shaving is not considered emergency use and EPA has
clarified this in the definition of emergency engine in the final rule.
E. Emission Standards
Comment: One commenter stated that as was the case with the nonroad
engines from which stationary CI engines are derived, it remains the
case that less stringent standards are necessary for non-generator
engines greater than 750 HP.
One commenter said that EPA should set stringent NOX
emissions standards for all engines greater than 750 HP that are based
on the use of add-on control technologies. The commenter estimated that
stationary diesel engines greater than 750 HP make up about 20 percent
of the total stationary engine population, but account for more than
half the total emissions of NOX. The commenter has seen
enough successful examples of the use of selective catalytic reduction
(SCR) to control NOX emissions from stationary engines to
conclude that EPA should base its NOX emissions standards
for these engines on the use of add-on controls. EPA describes in
docket information that SCR has been successfully installed in several
applications based on State and vendor information. Several additional
add-on NOX controls that are under development are described
in the docket as well; NOX adsorbers, ozone injection and
lean NOX catalysts. While these technologies are not
commercially available yet, they could become viable options within the
timeframe of these standards. The commenter believed the current use of
SCR and the other available options for add-on NOX control
support the more stringent standards. The commenter is not aware of any
special issues with add-on controls on non-generator stationary
engines. The commenter believed the issues would be no different than
those associated with stationary generator sets and, therefore, saw no
reason to set more lenient standards.
One commenter believed that NOX standards for non-
generator, stationary engines with HP ratings of greater than
[[Page 39166]]
750 should be equivalent to NOX standards proposed for
generators. Selective catalytic reduction systems have already been
installed on stationary engines in this size range and can provide high
efficiency NOX reductions in a cost effective manner. The
commenter believed that installation issues with SCR on non-generator
engines are no different than those associated with generator engines.
One commenter strongly urged EPA to set aftertreatment forcing
NOX standards for all non-emergency engines with a
displacement of less than 10 liters per cylinder and greater than 750
HP. The rationale for setting less stringent standards for nonroad
engines other than generator sets were concerns about designing
NOX adsorbers for the space constraints and physical
stresses associated with mobile heavy equipment. These conditions do
not apply to stationary engines. In the July 2004 nonroad rulemaking,
EPA noted the use of SCR on stationary engines as a rationale for
aftertreatment forcing NOX standards for mobile generator
set engines.
Regarding EPA's request for comments on whether the generator
standards for NOX should be applied for non-emergency
engines greater than 750 HP, one commenter believed that the non-
emergency generator engines should be limited to the same levels of
emissions as other available ways to generate electricity from fossil
fuel. The commenter recommended that limits for engines greater than
750 HP be as stringent as limits for non-emergency engines in sizes
between 75 HP and 750 HP, because the larger engines should be able to
achieve the same limit as smaller engines, and there is sufficient time
to transfer technology to engines greater than 750 HP. If a large
engine cannot achieve comparable emission levels, then cleaner
equipment, such as turbines, should be used.
Two commenters made the comment that the requirement for add-on
controls for engines above 750 HP with a displacement below 10 liters
per cylinder should apply solely to continuously operating non-
emergency generators.
Response: EPA proposed emission standards for non-emergency non-
generators above 750 HP that were not based on the use of add-on
controls for NOX and were less stringent than the proposed
standards for generator sets above 750 HP. These standards were
consistent with nonroad standards for the same size engines. EPA
solicited comments on this issue in the preamble to the proposed rule
and received the comments as summarized above. Based on available
information and comments received on this issue, EPA still believes it
is appropriate to distinguish between non-generators and generators
when finalizing standards for non-emergency stationary CI engines above
750 HP. EPA did not receive any specific information or data
demonstrating that the standards applicable to generator sets are
feasible for engines above 750 HP that are not generator sets. Engine
manufacturers have repeatedly expressed that less stringent standards
are necessary for non-generator set engines greater than 750 HP. Engine
manufacturers have also repeatedly expressed the need to have standards
for stationary engines that are consistent with the standards for
nonroad engines. No change has been made to the final rule, which
includes, as proposed, emission standards consistent with nonroad
standards. The standards distinguish between non-generator sets and
generator sets, and require less stringent levels for non-emergency
engines that are not generator sets, based on improved combustion
systems and engine-based NOX control technologies. (It
should be noted that the PM standards for engines above 750 HP, both
for generators and non-generators, will likely require particulate
traps.)
Comment: As summarized in more detail in the Summary of Public
Comments document, EPA received several comments on the proposed
standards for engines with a displacement of greater than or equal to
30 liters per cylinder. One commenter said that the NOX
standards for these engines would incur significant costs for the owner
and operator, and for emergency engines make it impossible to operate
the unit reliably when actually needed. The cost of installing and
maintaining an SCR system for large CI engines is outrageously high,
especially for applications in Alaska, according to the commenter.
These control systems are only marginally cost effective for Alaska
units that are meant to be operated continuously. The cost of SCR
controls for emergency units outweighs the benefit of having large
reliable emergency power available. A recent prevention of significant
deterioration project rejected SCR due to high costs. Selective
catalytic reduction subsystems must be kept instantly ready over a long
period of time in standby mode. One important aspect is having the
urea/water mixture heated to prevent freeze up during extremely low
temperatures. The system is not simple and operators/mechanics have to
be well trained. In most areas of Alaska, such skilled labor is not
available. Unless such large units are simple to maintain/operate, they
will quickly fall into disrepair or become unusable in an emergency.
For emergency engines, the technology that is proven to have the
highest reliability while in standby mode should be used. Fuel
Injection Timing Retard (FITR) is the technology. It reduces
NOX by 15 to 20 percent, and has been demonstrated as the
most cost effective for arctic conditions. FITR technology should also
be allowed for engines with a displacement of greater than 10 liters
per cylinder unless/until manufacturers establish a proven record of
reliable readiness from cold start conditions. This may require delay
of emission control requirements for an additional 3 years beyond
current implementation dates.
This commenter also said that the PM limits in the proposed rule
for engines with a displacement of greater than or equal to 30 liters
per cylinder are unrealistic, and there are no current control
technologies that are ``available'' to meet these standards. There have
been no applications of electrostatic precipitators (ESP) to stationary
sources in the U.S. to date (based on RACT/BACT/LAER Clearinghouse,
September 1, 2005). A currently available technology, particulate
filter traps, is suited to these large units, although PM removal is
less than 60 percent. The commenter noted that PM emissions will
already be reduced considerably by the use of low sulfur diesel (LSD)
and ULSD. When the reduction from using low sulfur fuel is considered,
an additional 50 percent overall reduction from particulate trap
technology will meet EPA's goal of reducing PM emissions nationwide.
Requiring the use of ESP for emergency units undermines unit
reliability and would increase unit size. Approximately 10 percent of
the power generated by an emergency CI ICE would be used solely to
power an ESP. This would cause all such emergency units to be resized
at an increased capacity. The commenter recommended a 50 percent PM
reduction or an emission limit of 0.15 g/KW-hr (0.113 g/HP-hr).
Another commenter provided several comments on the proposed
standards for engines with high displacement. The commenter stated that
environmental impacts and cost effects have not been evaluated and
efficient add-on abatement techniques (SCR for NOX, etc.)
will always be needed as a result of the proposal. Only a small number
of large CI ICE are sold per year to the U.S. and, therefore, one can
forecast that the environmental impact of these engines with respect to
the total emissions in the
[[Page 39167]]
U.S. is small. The commenter said that in the U.S. territories there
are several of these engines, e.g., in Puerto Rico there is a 20 MW
electric (MWe) plant and in Guam there is an 80 MWe plant. The proposed
limits will raise the electricity produced in these power plants
considerably. This might have impacts on the small governmental
jurisdiction area flexibility and have significant adverse affect on
the supply of energy. This would be in contradiction to the Regulatory
Flexibility Act and Executive Order 13211: Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution or
Use. The commenter said that the proposed NOX limit of 0.4
g/KW-hr (0.30 g/HP-hr) equates to about 50 mg/Nm\3\ (at 15 percent
oxygen (O2)) and is very strict. This limit is much stricter
than World Bank Guidelines or the United Kingdom (UK) limits as
referred to in the proposed text. The World Bank NOX limit
for non degraded air-sheds is 2,000 milligram per normal cubic meter
(mg/Nm\3\) and in degraded air-sheds 400 mg/Nm\3\ (at 15 percent
O2) (about 3.1 g/KW-hr). In the UK, the NOX
limits are: 1,300/1,400 mg/Nm\3\ (at 15 percent O2) (about
10.1/10.9 g/KW-hr) (light fuel/heavy fuel oils) for plants less than 50
MW and 200-300 mg/Nm\3\ (at 15 percent O2) (about 1.6-2.3 g/
KW-hr) for oil fired plants greater than 50 MW. Extensive research and
development work with NOX emissions from large liquid fired
CI ICE has reduced emissions remarkably by primary measures (typically
30 to 35 percent) during the last decade. Primary methods are low
NOX combustion focusing on optimizing: Closing timing of
inlet valve, design of fuel injection equipment on the engine, new
camshaft, etc. The proposed limit means in practice that SCR is always
needed. Selective catalytic reduction needs a reagent aqueous urea/
ammonia or pure ammonia to work, and lack of the reagent delivery
infrastructure in certain areas will make the proper use of SCR
impossible. In order to give industry an incentive to develop new cost-
effective primary methods and to continue the positive development in
the past decade, the proposed limit should be more realistic based on
the zoning approach (attainment/non-attainment area, mainland U.S./
other areas). This commenter made some recommendations for acceptable
NOX and PM emission limits, which can be found in the
Summary of Public Comments document. The commenter stated that the
proposed PM limit of 0.12 g/KW-hr (0.09 g/HP-hr) equals about 16 mg/
Nm\3\ (at 15 percent O2). This is a very strict limit, much
stricter than the British and World Bank limits, which are 50 mg/Nm\3\
(at 15 percent O2) (about 0.38 g/KW-hr) for large CI plants
and 100 mg/Nm\3\ (at 15 percent O2) (about 0.75 g/KW-hr) for
smaller CI plants. The ESP is bulky and has a high investment cost. In
the Integrated Pollution Prevention and Control Reference Document on
Best Available Techniques for Large Combustion Power Plants (BREF)
document for large combustion installations, it states that ``Due to
the different temperature and oxygen content of the diesel flue-gas,
the electrical properties of the diesel particulates (e.g.,
resistivity, etc.,) are different compared to particulates from a
boiler flue-gas, and proper testing of the ESP (electrical
precipitator) is needed to commercial release.'' Only a few CI plants
are equipped with ESP, and the technical availability of ESP needs to
be evaluated case-by-case. In the European Integrated Pollution
Prevention and Control, the best available technique is considered to
be the use of low ash and low sulfur fuel. Particulate matter limits
range from 30 to 50 mg/Nm\3\ (at 15 percent O2) (about 0.23
to 0.38 g/KW-hr) depending on whether heavy or light fuel oil is used.
The commenter recommended PM limits in line with the EU BREF document
for large CI ICE plant stations (greater than 50 MW). For smaller CI
ICE plants, the commenter recommended a PM limit according to the UK
approach.
One commenter said that EPA must require stringent PM emissions
limits for engines with a displacement of greater than or equal to 30
liters per cylinder. Particulate matter emissions from stationary
diesel engines are associated with extremely serious health impacts,
including premature mortality and cancer. It would be clearly arbitrary
and capricious for EPA to exempt the very largest engines, which it
recognizes as operating for thousands of hours per year, from
protective control requirements for PM emissions. EPA is correct in its
assessment that the cost of SCR to reduce NOX emissions from
these engines is justified because they are so large and because the
cost of SCR would be manageable in comparison to the cost of the
engines themselves. Similarly, the size of these engines and the hazard
posed by their emissions compels EPA to require them to achieve PM
reductions that are at least as protective, if not greater than, those
for smaller engines. EPA's proposal for these very large engines fails
to meet the most basic requirement of section 111 of the CAA, that
stringent emissions standards be applied to all sources within the
designated category. There is no evidence that a thorough technical
analysis of cost or feasibility was performed for these large engines.
EPA does not explain why particulate filters could not be developed to
apply to these engines. Nor does it explain why ESP, the technology on
which the 60 percent control requirement is based, could not be
designed to work as effectively in this application as they are known
to do in many others, and achieve reductions far in excess of 60
percent. The commenter urged EPA to remedy this deficiency in the final
rule by promulgating more stringent control requirements for this class
of very large, very highly polluting engines.
Response: EPA does not agree with the commenter that SCR control
systems are not a feasible option for engines located in Alaska. There
are at least three facilities in Alaska that have stationary engines
equipped with SCR, see the memorandum entitled ``Emission Standards for
Engines with a Displacement of >=30 Liters per Cylinder,'' available
from the rulemaking docket. EPA does not expect that there will be any
emergency engines with a displacement greater than 30 liters per
cylinder; however, to the extent that such units exist, they will be
very substantial emitters during use and should be required to use the
best technology available. In response to the commenter's statement
regarding readiness testing, EPA has increased the maintenance and
testing allowance for emergency engines from 30 to 100 hours per year
in the final rule, with the option to submit a petition for additional
hours. EPA agrees in general with the comments regarding the proposed
emission limitation for PM. The final rule has been written considering
the comments received and requires 60 percent PM reduction or an
emission limit of 0.15 g/KW-hr (0.11 g/HP-hr). EPA believes the PM
standard will be achievable through the use of lower sulfur fuel, on-
engine controls, and aftertreatment. EPA believes that the PM percent
reduction requirement is feasible through application of ESP. Based on
information EPA has received, the technology is capable of reducing PM
by 60 percent. Other information indicates that the technology could
reduce PM by even more; from 55 to 85 percent when operating on heavy
fuel oil, see information in the docket.
EPA does not agree with the commenter that EPA did not evaluate
costs and environmental impacts. EPA has provided detailed analyses of
the expected costs of this regulation and the expected emission
reductions and benefits and evaluated the technology
[[Page 39168]]
for this rule based on best demonstrated technology, not lowest
achievable emission rate. EPA evaluated the environmental and economic
impacts of the best demonstrated control technologies, which are
documented in a memorandum included in the docket entitled ``Emission
Standards for Engines with a Displacement of >=30 Liters per
Cylinder.'' While there are few CI ICE with a displacement of greater
than or equal to 30 liters per cylinder, they are individually very
large emitters of pollutants. Moreover, in regulating criteria
pollutants such as ozone and PM, it is assumed that the emissions come
from numerous different sources whose individual contribution may be
relatively small. Further, as noted in the analyses, there are benefits
from these standards in attainment areas, and these national
regulations are designed to provide protection from pollution occurring
in all areas of the country, not merely nonattainment areas. EPA does
not believe that the final emission standards will have a significant
adverse effect on the price of electricity and the supply of energy,
and the commenters did not provide any data to support this assertion.
While EPA disagrees with much of the commenter's statements, EPA has
evaluated all comments received on this matter and agrees with the
comments that the proposed NOX g/KW-hr emission limitation
and the proposed PM emission standards were too stringent. The final
rule requires engines with a displacement greater than 30 liters per
cylinder to reduce NOX emissions by at least 90 percent or
meet a NOX emission limitation of 1.6 g/KW-hr (1.2 g/HP-hr),
and to reduce PM emissions by at least 60 percent or meet a PM emission
limitation of 0.15 g/KW-hr (0.11 g/HP-hr). There are several facilities
worldwide that are successfully using ESP for PM control and specific
examples of such installations can be found in the Summary of Public
Comments document. Sources can also use other approaches, including
traps, the use of lower sulfur fuel, and on-engine controls. The PM
emission limit is consistent with comments received from one of the
commenters. Regarding the NOX standard, SCR has been
demonstrated as feasible for stationary CI ICE and is in use on several
engines in the U.S. SCR technology is capable of achieving emission
reductions of 90 percent or greater in many cases. EPA reviewed
emission rates of stationary CI engines with a displacement of greater
than or equal to 30 liters per cylinder and based on an average
uncontrolled NOX emission rate from these engines of about
11.8 g/HP-hr, applying SCR with a reduction efficiency of 90 percent
yields a controlled NOX emission rate of 1.2 g/HP-hr. EPA
therefore believes the final standards for NOX are
appropriate. Also note, that the commenter seems to concede that these
standards are feasible, because the commenter accepts the proposed
(more stringent) standards in nonattainment areas. EPA notes that this
regulation applies only to new engines, not existing engines. The only
engines manufactured prior to April 1, 2006, covered by this regulation
are engines that are modified or reconstructed, as is required under
the CAA. For further discussion regarding EPA's final standards for
engines with a displacement greater than 30 liters per cylinder, see
the memorandum entitled ``Emission Standards for Engines with a
Displacement of >=30 Liters per Cylinder.''
F. Military Training Engines
Comment: One commenter recommended that the rule exempt engines
used in training and testing of military personnel in the operation,
maintenance and repair of engines. These engines may have to be
configured similarly to engines used by the U.S. or its allies in
combat operations, which may make it difficult or impossible for them
to comply with the NSPS.
Response: EPA agrees that it is appropriate to exempt engines used
for military purposes. A national security exemption exists already
(see, e.g., 40 CFR part 89 subpart J). Engines meeting the conditions
specified in 40 CFR 89.908, and the corresponding provisions in parts
94 and 1068, will be considered exempt from the regulations for
stationary CI ICE. An engine that receives the national security
exemption under the non-road engine provisions when purchased will
continue to be exempt if used as a stationary ICE, as long as it
continues to be used for national security purposes. In addition,
engines that receive a national security exemption will also be exempt
from the fuel requirements in section 60.4207 of the final regulations.
EPA believes that these provisions address the commenter's concerns.
V. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
The final rule will reduce NOX emissions from stationary
CI ICE by an estimated 38,000 tpy, PM emissions by about 3,000 tpy,
non-methane hydrocarbon (NMHC) emissions by about 600 tpy,
SO2 emissions by an estimated 9,000 tpy, and CO emissions by
approximately 18,000 tpy in the year 2015. Reductions are presented for
the year 2015 because it is the model year for which certified
stationary CI ICE would have to meet the final Tier 4 emission
standards. EPA estimates that approximately 81,500 stationary CI ICE
will be affected by the final rule in the year 2015. Of these, EPA
estimates that 20 percent are used in non-emergency applications. EPA
expects very few stationary CI ICE with a displacement of 30 liters per
cylinder or more to be installed per year, and no emissions or
emissions reductions have been estimated for these engines. A secondary
impact of the final rule is the reduction of HAP that will result from
the use of CDPF. EPA estimates that emissions of HAP will be reduced by
approximately 93 tons in the year 2015.
The final rule will reduce NOX emissions from stationary
CI ICE by an estimated 270,000 tpy, PM emissions by about 17,000 tpy,
NMHC emissions by about 8,000 tpy, SO2 emissions by an
estimated 24,000 tpy, and CO emissions by approximately 95,000 tpy in
the year 2030. EPA estimated emissions reductions for the year 2030
because it is expected that almost all of the air quality impacts will
be incorporated by that year, given turnover of old engines.
B. What are the cost impacts?
The total costs of the final rule are mostly based on the cost
associated with purchasing and installing NOX adsorber and
CDPF controls on non-emergency stationary CI ICE. A smaller portion of
the total costs are attributed to the cost of reporting and the cost
for performance testing for a portion of the pre-2007 model year
engines. The cost of NOX adsorber and CDPF were based on
information developed for the nonroad rule for diesel engines. EPA
expects that very few stationary CI ICE with a displacement of 30
cylinders or more would be installed in the U.S. and, therefore, no
costs have been estimated. However, if stationary CI ICE of such
displacement are installed, there would be associated notification and
compliance testing costs. Further information on how EPA estimated the
total costs of the final rule can be found in a memorandum included in
the docket (Docket ID. No. EPA-HQ-OAR-2005-0029).
The total national capital cost for the final rule is estimated to
be approximately $67 million in the year 2015, with a total national
annual cost of $57 million in the year 2015. The year 2015 is the model
year for which all stationary CI ICE would have to meet
[[Page 39169]]
the final Tier 4 emission standards. The total national capital and
annual costs in the year 2030 are estimated to be $93 and $286 million,
respectively.
C. What are the economic impacts?
The final rule affects new sources of stationary diesel engines as
part of generator sets and welding equipment, pump and compressor
equipment, and irrigation equipment. We performed an economic impact
analysis, whose methodology is based on that for the nonroad diesel
engine rule promulgated by EPA in 2004 that estimates changes in prices
and output for affected sources using the annual compliance costs
estimated for the final rule. All estimates are for year 2015, since
this is the year for which the compliance cost impacts are estimated.
The increases in price estimated for this equipment are the
following: 2.3 percent--irrigation systems, 4.3 percent--pumps and
compressors, and 10.0 percent--generator sets and welding equipment.
While these price increases appear substantial, the corresponding
reductions in output are quite small. They are: 0.01 percent--
irrigation systems, 0.03 percent--pumps and compressors, and 0.42
percent--generator sets and welding equipment. The price increases and
reductions in output were larger for smaller sized engines when
compared to larger sized ones. These small reductions in output are due
to limited change in demand from consumers in response to the estimated
price changes as based on market data utilized in the nonroad rule
economic impact analysis. The overall total annual social costs, which
reflect changes in consumer and producer behavior in response to the
compliance costs, are $39.1 million (2002$) or almost identical to the
compliance costs.
The economic impacts are relatively small since the change in
expected output from affected industries will be quite small. Thus, the
industries producing the affected engines and the consumers who would
use these engines will experience little or no impact as a result of
the final rule.
For more information, refer to the economic impact analysis report
that is in the public docket.
D. What are the non-air health, environmental and energy impacts.
EPA does not anticipate any significant non-air health,
environmental or energy impacts as a result of the final rule.
E. What are the benefits?
We estimate the benefits of this rule to be $1.36 billion (2000$)
in the year 2015. We base this estimate on the approach and methodology
laid out in EPA's 2004 benefits analysis supporting the regulation of
emissions from nonroad diesel engines (included in the Final Regulatory
Impact Analysis (RIA): Control of Emissions from Nonroad Diesel
Engines, May 2004). We chose this analysis as the basis since most of
the elements in that rule are similar to those covered here. The engine
type, the controls applied, and the pollutants affected are similar to
those covered by the Nonroad Diesel engine rule. In addition, EPA
believes that these types of engines are broadly distributed across the
country similar in distribution to nonroad diesel engines. These four
factors lead us to believe is appropriate to use the benefits transfer
approach and values in the Nonroad Diesel engine rule analysis for
estimating the benefits of this rule. Specifically, these estimates are
based on application of the benefits scaling approach derived from the
benefits analyses completed for that rulemaking. The methodology is
laid out in the Nonroad Diesel RIA.
For this RIA, we did not go through the detailed uncertainty
assessment used in the Nonroad Diesel RIA because we lack the necessary
air quality input data to run the benefits model. However, the results
of a Monte Carlo analysis of the health and welfare benefits presented
in Appendix B of the Nonroad Diesel RIA can provide some evidence of
the uncertainty surrounding the benefits results presented in this
analysis. At the 5th percentile, the monetized benefits are roughly one
quarter of the mean benefits estimate and at the 95th percentile they
are roughly double the mean. We also used an approach for estimating
benefits in which we applied an expert elicitation approach. An expert
elicitation approach uses a probabilistic approach that provides
quantitative measures of uncertainty from multiple sources as
integrated by experts. For the expert elicitation based approach, the
95th percentile of total benefits is approximately three times the
mean, while the 5th percentile is approximately one-twentieth of the
mean. The overall range from 5th to 95th is somewhat wider than that of
the statistical based approach.
Using these values as a guide, we assumed that the distribution of
values for this rule would be similar. Thus, at the 5th percentile,
monetized benefits would be roughly $340 million (2000$) and at the
95th percentile, monetized benefits would be roughly $2.7 billion
(2000$) assuming a 3 percent discount rate. This is the same discount
rate we apply in our benefits estimate listed above. Using estimates
derived from the expert elicitation approach and again assuming a 3
percent discount rate, monetized benefits at the 5th percentile would
be roughly $68 million (2000$) and at the 95th percentile, monetized
benefits would be roughly $4.4 billion (2000$).
With the annualized costs of this rulemaking estimated at $57
million (2000$) in 2015 and with benefits of $1.36 billion (2000$) for
that same year, EPA believes that the benefits are likely to exceed the
costs. Please refer to the Nonroad diesel RIA for a detailed discussion
of the uncertainties considered in EPA's benefit analyses.
For more information, please refer to the RIA for this rule that is
available in the docket.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. EPA has submitted this action to
OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the public record.
[[Page 39170]]
B. Paperwork Reduction Act
The information collection requirements in the final rule have been
submitted for approval to OMB under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The Information Collection Request (ICR) document
prepared by EPA has been assigned EPA ICR number 2196.01.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NSPS General
Provisions (40 CFR part 60, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to Agency policies set
forth in 40 CFR part 2, subpart B.
The final rule will require maintenance inspections of the control
devices but will not require any notifications or reports beyond those
required by the General Provisions. The recordkeeping requirements
require only the specific information needed to determine compliance.
The annual monitoring, reporting, and recordkeeping burden for this
collection (averaged over the first 3 years after the effective date of
the final rule) is estimated to be 145,000 labor hours per year at a
total annual cost of $9,593,700. This estimate includes a one-time
notification, engine certification, and recordkeeping. There are no
capital/start-up costs associated with the monitoring requirements over
the 3-year period of the ICR. The operation and maintenance costs for
the monitoring requirements over the 3-year period of the ICR are
estimated to be $242,300 per year.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
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 EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of the final rule on
small entities, small entity is defined as a small business based on
the following Small Business Administration small business size
definitions that are based on employee size: NAICS 335312--Motor and
Generator Manufacturing--1,000 employees; NAICS 333911--Pump and
Pumping Equipment Manufacturing--500 employees; NAICS 333912--Air and
Gas Compressor Manufacturing--500 employees; NAICS 333992--Welding and
Soldering Equipment Manufacturing--500 employees. In addition, a small
governmental jurisdiction is defined as a government of a city, county,
town, school district or special district with a population of less
than 50,000, and a small organization is defined as any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this final rule on small
entities, I conclude that this final action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by the final rule are businesses within the
NAICS codes mentioned above. There are 104 ultimate parent businesses
that will be affected by the final rule. Sixty of these businesses are
small according to the SBA small business size standards. Four of these
sixty firms will have an annualized compliance cost of more than 1
percent of sales associated with meeting the requirements of the final
rule, and one of these four will have a compliance cost of more than 3
percent of sales. For more information on the small entity impacts,
refer to the economic impact and small business analyses in the
rulemaking docket.
Although the final rule will not have a significant economic impact
on a substantial number of small entities, EPA nonetheless tried to
reduce the impact of the final rule on small entities. A majority of
the affected facilities are primarily small entities (e.g., small
businesses). When developing the rule, EPA took special steps to ensure
that the burdens imposed on small entities were reasonable.
EPA is including the same provisions for small manufacturers and
small refiners that the nonroad CI engine rule does. EPA is helping
small entities by providing a lead time for the required emission
standards and fuel requirements. Owners and operators of non-emergency
stationary CI ICE are subject to minimum reporting and owners and
operators of emergency stationary CI ICE do not have to submit any
reports. EPA has also specifically worked with industry to provide
special provisions for emergency fire pump engine manufacturers, some
of which are small businesses, to develop a rule that is achievable for
this segment.
D. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least-costly, most cost-effective, or least-burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
[[Page 39171]]
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this final rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any 1 year. Thus, this final rule is not subject to the
requirements of sections 202 and 205 of the UMRA. In addition, EPA has
determined that the final rule contains no regulatory requirements that
might significantly or uniquely affect small governments because it
contains no requirements that apply to such governments or impose
obligations upon them. Therefore, the final rule is not subject to the
requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires us to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
The final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The final rule primarily affects
private industry, and does not impose significant economic costs on
State or local governments. Thus, Executive Order 13132 does not apply
to the final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000)
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
The final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to the final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that we have reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, we must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
We interpret Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The final rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The basis
for this determination is provided below.
The economic impact analysis (EIA) estimates changes in prices and
production levels for all energy markets (i.e., petroleum, natural gas,
electricity, and coal). We also estimate how changes in the energy
markets will impact other users of energy, with a focus on those that
would employ the non-emergency stationary CI engines affected by the
final rule. The estimated increase in demand for ULSD in 2015 (the year
for which the impacts of the final rule are estimated) associated with
the final rule is 63.2 million gallons, or 1.505 million barrels for
that year. This amount is equivalent to 4,123 barrels per day
additional demand of ULSD. The expected increase in demand for ULSD
will not likely be a difficulty for refiners to meet in 2015. Hence, no
significant adverse effect on the supply of this fuel is expected from
implementation of the final rule. All impact estimates for other types
of energy are below the thresholds that must be evaluated under this
Executive Order, and no adverse effects are expected to the
distribution and use of energy. The estimates contained within the EIA
thus show that there is no significant adverse effect on the supply,
distribution, or use of energy associated with the final rule.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113, Section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in their
regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to OMB,
with explanations when an agency does not use available and applicable
voluntary consensus standards.
This final rule involves technical standards. EPA cites the
standard test procedures in 40 CFR part 1039, subpart F, which in turn
cites the procedures in 40 CFR part 1065, 40 CFR 86.1310 for full flow
dilution, 40 CFR 89.412 to 89.418 for raw-gas sampling using steady-
state tests, 40 CFR 89.112(c) for partial-flow sampling for gaseous
emissions during steady-state tests,
[[Page 39172]]
California Regulations for New 1996 and Later Heavy-duty Off-Road
Diesel Cycle Engines, 40 CFR 89.112(c), 40 CFR part 86, subpart N (7/1/
99), and 40 CFR 86.1309 for non-petroleum diesel fuel. The procedures
in 40 CFR part 1065 also allow any CA ARB or International Organization
for Standardization (ISO) standard if shown to be equivalent.
Consistent with the NTTAA, EPA conducted searches to identify
voluntary consensus standards in addition to these methods. One
voluntary consensus standard was found that is potentially applicable
to the methods cited. This standard is not acceptable as an alternative
for the indicated test procedures, as discussed below.
The voluntary consensus standard ISO IS0 8178-l:1996,
``Reciprocating Internal Combustion Engines--Exhaust Emission
Measurement--Part 1: Test-bed Measurement of Gaseous and Particulate
Exhaust Emissions,'' is not acceptable as an alternative to the test
procedures in Sec. Sec. 60.4212 and 60.4213 of the final rule
(specifically 40 CFR 86.1310) for the following reasons. Although ISO
8178-1:1996 has many of the features of EPA test procedures, the ISO
standard allows the gaseous measurements to be made in an undiluted
sample whereas EPA procedures in 40 CFR 86.1310 require at least one
dilution of the sample. The ISO method does allow the gaseous
measurements to be made during the double diluted sampling procedures
for PM, but it is not required by the ISO method. Also, in the
measurement of hydrocarbons, the ISO method only specifies that the
sample lines are to be maintained above 70[deg]C and advises that the
flow capacity of the sample lines is used to prevent condensation. In
EPA procedures in 40 CFR 86.1310, the sample lines must be maintained
at 191[deg]C during the hydrocarbon tests to prevent condensation.
Sections 60.4212 and 60.4213 of the final rule list the testing
method included in the regulation. Under Sec. 63.7(f) and Sec.
63.8(f) of subpart A of the General Provisions, a source may apply to
EPA for permission to use alternative test methods or alternative
monitoring requirements in place of any required testing methods,
performance specifications, or procedures.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this final rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is a ``major rule'' as defined by 5 U.S.C.
804(2). The final rule will be effective on September 11, 2006.
List of Subjects
40 CFR Part 60
Administrative practice and procedure, Air pollution control,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements.
40 CFR Part 85
Imports, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements, Research, Warranties.
40 CFR Part 89
Administrative practice and procedure, Imports, Labeling, Motor
vehicle pollution, Reporting and recordkeeping requirements, Research,
Vessels, Warranties.
40 CFR Part 94
Administrative practice and procedure, Air pollution control,
Imports, Penalties, Reporting and recordkeeping requirements, Vessels,
Warranties.
40 CFR Part 1039
Administrative practice and procedure, Air pollution control.
40 CFR Part 1065
Administrative practice and procedure, Air pollution control,
Reporting and recordkeeping requirements, Research.
40 CFR Part 1068
Administrative practice and procedure, Air pollution control,
Imports, Motor vehicle pollution, Penalties, Reporting and
recordkeeping requirements, Warranties.
Dated: June 28, 2006.
Stephen L. Johnson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended to read as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--[AMENDED]
0
2. Section 60.17(a) is amended by redesignating paragraphs (a)(84)
through (a)(91) as paragraphs (a)(85) through (a)(92), respectively and
adding a new paragraph (a)(84) to read as follows:
Sec. 60.17 Incorporations by Reference.
* * * * *
(a) * * *
(84) ASTM D6348-03, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, IBR approved for table 7 of Subpart IIII
of this part.
* * * * *
0
3. Part 60 is amended by adding subpart IIII to read as follows:
Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
What This Subpart Covers
Sec.
60.4200 Am I subject to this subpart?
Emission Standards for Manufacturers
60.4201 What emission standards must I meet for non-emergency
engines if I am a stationary CI internal combustion engine
manufacturer?
60.4202 What emission standards must I meet for emergency engines if
I am a stationary CI internal combustion engine manufacturer?
60.4203 How long must my engines meet the emission standards if I am
a stationary CI internal combustion engine manufacturer?
Emission Standards for Owners and Operators
60.4204 What emission standards must I meet for non-emergency
engines if I am an owner or operator of a stationary CI internal
combustion engine?
60.4205 What emission standards must I meet for emergency engines if
I am an owner or operator of a stationary CI internal combustion
engine?
60.4206 How long must I meet the emission standards if I am an owner
or operator of a stationary CI internal combustion engine?
Fuel Requirements for Owners and Operators
60.4207 What fuel requirements must I meet if I am an owner or
operator of a stationary CI internal combustion engine subject to
this subpart?
[[Page 39173]]
Other Requirements for Owners and Operators
60.4208 What is the deadline for importing and installing stationary
CI ICE produced in the previous model year?
60.4209 What are the monitoring requirements if I am an owner or
operator of a stationary CI internal combustion engine?
Compliance Requirements
60.4210 What are my compliance requirements if I am a stationary CI
internal combustion engine manufacturer?
60.4211 What are my compliance requirements if I am an owner or
operator of a stationary CI internal combustion engine?
Testing Requirements for Owners and Operators
60.4212 What test methods and other procedures must I use if I am an
owner or operator of a stationary CI internal combustion engine with
a displacement of less than 30 liters per cylinder?
60.4213 What test methods and other procedures must I use if I am an
owner or operator of a stationary CI internal combustion engine with
a displacement of greater than or equal to 30 liters per cylinder?
Notification, Reports, and Records for Owners and Operators
60.4214 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI
internal combustion engine?
Special Requirements
60.4215 What requirements must I meet for engines used in Guam,
American Samoa, or the Commonwealth of the Northern Mariana Islands?
60.4216 What requirements must I meet for engines used in Alaska?
60.4217 What emission standards must I meet if I am an owner or
operator of a stationary internal combustion engine using special
fuels?
General Provisions
60.4218 What parts of the General Provisions apply to me?
Definitions
60.4219 What definitions apply to this subpart?
Tables to Subpart IIII of Part 60
Table 1 to Subpart IIII of Part 60--Emission Standards for
Stationary Pre-2007 Model Year Engines with a displacement of <10
liters per cylinder and 2007-2010 Model Year Engines >2,237 KW
(3,000 HP) and with a displacement of <10 liters per cylinder
Table 2 to Subpart IIII of Part 60--Emission Standards for 2008
Model Year and Later Emergency Stationary CI ICE <37 KW (50 HP) and
with a Displacement of <10 liters per cylinder
Table 3 to Subpart IIII of Part 60--Certification Requirements for
Stationary Fire Pump Engines
Table 4 to Subpart IIII of Part 60--Emission Standards for
Stationary Fire Pump Engines
Table 5 to Subpart IIII of Part 60--Labeling and Recordkeeping
Requirements for New Stationary Emergency Engines
Table 6 to Subpart IIII of Part 60--Optional 3-Mode Test Cycle for
Stationary Fire Pump Engines
Table 7 to Subpart IIII of Part 60--Requirements for Performance
Tests for Stationary CI ICE with a displacement of >=30 liters per
cylinder
Table 8 to Subpart IIII of Part 60--Applicability of General
Provisions to Subpart IIII
Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
What This Subpart Covers
Sec. 60.4200 Am I subject to this subpart?
(a) The provisions of this subpart are applicable to manufacturers,
owners, and operators of stationary compression ignition (CI) internal
combustion engines (ICE) as specified in paragraphs (a)(1) through (3)
of this section. For the purposes of this subpart, the date that
construction commences is the date the engine is ordered by the owner
or operator.
(1) Manufacturers of stationary CI ICE with a displacement of less
than 30 liters per cylinder where the model year is:
(i) 2007 or later, for engines that are not fire pump engines,
(ii) The model year listed in table 3 to this subpart or later
model year, for fire pump engines.
(2) Owners and operators of stationary CI ICE that commence
construction after July 11, 2005 where the stationary CI ICE are:
(i) Manufactured after April 1, 2006 and are not fire pump engines,
or
(ii) Manufactured as a certified National Fire Protection
Association (NFPA) fire pump engine after July 1, 2006.
(3) Owners and operators of stationary CI ICE that modify or
reconstruct their stationary CI ICE after July 11, 2005.
(b) The provisions of this subpart are not applicable to stationary
CI ICE being tested at a stationary CI ICE test cell/stand.
(c) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 40 CFR part 71, provided you are not required
to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason
other than your status as an area source under this subpart.
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart applicable to area sources.
(d) Stationary CI ICE may be eligible for exemption from the
requirements of this subpart as described in 40 CFR part 1068, subpart
C (or the exemptions described in 40 CFR part 89, subpart J and 40 CFR
part 94, subpart J, for engines that would need to be certified to
standards in those parts), except that owners and operators, as well as
manufacturers, may be eligible to request an exemption for national
security.
Emission Standards for Manufacturers
Sec. 60.4201 What emission standards must I meet for non-emergency
engines if I am a stationary CI internal combustion engine
manufacturer?
(a) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later non-emergency stationary CI ICE
with a maximum engine power less than or equal to 2,237 kilowatt (KW)
(3,000 horsepower (HP)) and a displacement of less than 10 liters per
cylinder to the certification emission standards for new nonroad CI
engines in 40 CFR 89.112, 40 CFR 89.113, 40 CFR 1039.101, 40 CFR
1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40 CFR
1039.115, as applicable, for all pollutants, for the same model year
and maximum engine power.
(b) Stationary CI internal combustion engine manufacturers must
certify their 2007 through 2010 model year non-emergency stationary CI
ICE with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder to the emission
standards in table 1 to this subpart, for all pollutants, for the same
maximum engine power.
(c) Stationary CI internal combustion engine manufacturers must
certify their 2011 model year and later non-emergency stationary CI ICE
with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder to the certification
emission standards for new nonroad CI engines in 40 CFR 1039.101, 40
CFR 1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40
CFR 1039.115, as applicable, for all pollutants, for the same maximum
engine power.
(d) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later non-emergency stationary CI ICE
with a displacement of greater than or equal to 10 liters per cylinder
and less than 30
[[Page 39174]]
liters per cylinder to the certification emission standards for new
marine CI engines in 40 CFR 94.8, as applicable, for all pollutants,
for the same displacement and maximum engine power.
Sec. 60.4202 What emission standards must I meet for emergency
engines if I am a stationary CI internal combustion engine
manufacturer?
(a) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later emergency stationary CI ICE
with a maximum engine power less than or equal to 2,237 KW (3,000 HP)
and a displacement of less than 10 liters per cylinder that are not
fire pump engines to the emission standards specified in paragraphs
(a)(1) through (2) of this section.
(1) For engines with a maximum engine power less than 37 KW (50
HP):
(i) The certification emission standards for new nonroad CI engines
for the same model year and maximum engine power in 40 CFR 89.112 and
40 CFR 89.113 for all pollutants for model year 2007 engines, and
(ii) The certification emission standards for new nonroad CI
engines in 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, 40 CFR
1039.115, and table 2 to this subpart, for 2008 model year and later
engines.
(2) For engines with a maximum engine power greater than or equal
to 37 KW (50 HP), the certification emission standards for new nonroad
CI engines for the same model year and maximum engine power in 40 CFR
89.112 and 40 CFR 89.113 for all pollutants beginning in model year
2007.
(b) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later emergency stationary CI ICE
with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder that are not fire pump
engines to the emission standards specified in paragraphs (b)(1)
through (2) of this section.
(1) For 2007 through 2010 model years, the emission standards in
table 1 to this subpart, for all pollutants, for the same maximum
engine power.
(2) For 2011 model year and later, the certification emission
standards for new nonroad CI engines for engines of the same model year
and maximum engine power in 40 CFR 89.112 and 40 CFR 89.113 for all
pollutants.
(c) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later emergency stationary CI ICE
with a displacement of greater than or equal to 10 liters per cylinder
and less than 30 liters per cylinder that are not fire pump engines to
the certification emission standards for new marine CI engines in 40
CFR 94.8, as applicable, for all pollutants, for the same displacement
and maximum engine power.
(d) Beginning with the model years in table 3 to this subpart,
stationary CI internal combustion engine manufacturers must certify
their fire pump stationary CI ICE to the emission standards in table 4
to this subpart, for all pollutants, for the same model year and NFPA
nameplate power.
Sec. 60.4203 How long must my engines meet the emission standards if
I am a stationary CI internal combustion engine manufacturer?
Engines manufactured by stationary CI internal combustion engine
manufacturers must meet the emission standards as required in
Sec. Sec. 60.4201 and 60.4202 during the useful life of the engines.
Emission Standards for Owners and Operators
Sec. 60.4204 What emission standards must I meet for non-emergency
engines if I am an owner or operator of a stationary CI internal
combustion engine?
(a) Owners and operators of pre-2007 model year non-emergency
stationary CI ICE with a displacement of less than 10 liters per
cylinder must comply with the emission standards in table 1 to this
subpart. Owners and operators of pre-2007 model year non-emergency
stationary CI ICE with a displacement of greater than or equal to 10
liters per cylinder and less than 30 liters per cylinder must comply
with the emission standards in 40 CFR 94.8(a)(1).
(b) Owners and operators of 2007 model year and later non-emergency
stationary CI ICE with a displacement of less than 30 liters per
cylinder must comply with the emission standards for new CI engines in
Sec. 60.4201 for their 2007 model year and later stationary CI ICE, as
applicable.
(c) Owners and operators of non-emergency stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder must
meet the requirements in paragraphs (c)(1) and (2) of this section.
(1) Reduce nitrogen oxides (NOX) emissions by 90 percent
or more, or limit the emissions of NOX in the stationary CI
internal combustion engine exhaust to 1.6 grams per KW-hour (g/KW-hr)
(1.2 grams per HP-hour (g/HP-hr)).
(2) Reduce particulate matter (PM) emissions by 60 percent or more,
or limit the emissions of PM in the stationary CI internal combustion
engine exhaust to 0.15 g/KW-hr (0.11 g/HP-hr).
Sec. 60.4205 What emission standards must I meet for emergency
engines if I am an owner or operator of a stationary CI internal
combustion engine?
(a) Owners and operators of pre-2007 model year emergency
stationary CI ICE with a displacement of less than 10 liters per
cylinder that are not fire pump engines must comply with the emission
standards in table 1 to this subpart. Owners and operators of pre-2007
model year non-emergency stationary CI ICE with a displacement of
greater than or equal to 10 liters per cylinder and less than 30 liters
per cylinder that are not fire pump engines must comply with the
emission standards in 40 CFR 94.8(a)(1).
(b) Owners and operators of 2007 model year and later emergency
stationary CI ICE with a displacement of less than 30 liters per
cylinder that are not fire pump engines must comply with the emission
standards for new nonroad CI engines in Sec. 60.4202, for all
pollutants, for the same model year and maximum engine power for their
2007 model year and later emergency stationary CI ICE.
(c) Owners and operators of fire pump engines with a displacement
of less than 30 liters per cylinder must comply with the emission
standards in table 4 to this subpart, for all pollutants.
(d) Owners and operators of emergency stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder must
meet the requirements in paragraphs (d)(1) and (2) of this section.
(1) Reduce NOX emissions by 90 percent or more, or limit
the emissions of NOX in the stationary CI internal
combustion engine exhaust to 1.6 grams per KW-hour (1.2 grams per HP-
hour).
(2) Reduce PM emissions by 60 percent or more, or limit the
emissions of PM in the stationary CI internal combustion engine exhaust
to 0.15 g/KW-hr (0.11 g/HP-hr).
Sec. 60.4206 How long must I meet the emission standards if I am an
owner or operator of a stationary CI internal combustion engine?
Owners and operators of stationary CI ICE must operate and maintain
stationary CI ICE that achieve the emission standards as required in
Sec. Sec. 60.4204 and 60.4205 according to the manufacturer's written
instructions or procedures developed by the owner or operator that are
approved by the engine manufacturer, over the entire life of the
engine.
[[Page 39175]]
Fuel Requirements for Owners and Operators
Sec. 60.4207 What fuel requirements must I meet if I am an owner or
operator of a stationary CI internal combustion engine subject to this
subpart?
(a) Beginning October 1, 2007, owners and operators of stationary
CI ICE subject to this subpart that use diesel fuel must use diesel
fuel that meets the requirements of 40 CFR 80.510(a).
(b) Beginning October 1, 2010, owners and operators of stationary
CI ICE subject to this subpart with a displacement of less than 30
liters per cylinder that use diesel fuel must use diesel fuel that
meets the requirements of 40 CFR 80.510(b) for nonroad diesel fuel.
(c) Owners and operators of pre-2011 model year stationary CI ICE
subject to this subpart may petition the Administrator for approval to
use remaining non-compliant fuel that does not meet the fuel
requirements of paragraphs (a) and (b) of this section beyond the dates
required for the purpose of using up existing fuel inventories. If
approved, the petition will be valid for a period of up to 6 months. If
additional time is needed, the owner or operator is required to submit
a new petition to the Administrator.
(d) Owners and operators of pre-2011 model year stationary CI ICE
subject to this subpart that are located in areas of Alaska not
accessible by the Federal Aid Highway System may petition the
Administrator for approval to use any fuels mixed with used lubricating
oil that do not meet the fuel requirements of paragraphs (a) and (b) of
this section. Owners and operators must demonstrate in their petition
to the Administrator that there is no other place to use the
lubricating oil. If approved, the petition will be valid for a period
of up to 6 months. If additional time is needed, the owner or operator
is required to submit a new petition to the Administrator.
(e) Stationary CI ICE that have a national security exemption under
Sec. 60.4200(d) are also exempt from the fuel requirements in this
section.
Other Requirements for Owners and Operators
Sec. 60.4208 What is the deadline for importing or installing
stationary CI ICE produced in the previous model year?
(a) After December 31, 2008, owners and operators may not install
stationary CI ICE (excluding fire pump engines) that do not meet the
applicable requirements for 2007 model year engines.
(b) After December 31, 2009, owners and operators may not install
stationary CI ICE with a maximum engine power of less than 19 KW (25
HP) (excluding fire pump engines) that do not meet the applicable
requirements for 2008 model year engines.
(c) After December 31, 2014, owners and operators may not install
non-emergency stationary CI ICE with a maximum engine power of greater
than or equal to 19 KW (25 HP) and less than 56 KW (75 HP) that do not
meet the applicable requirements for 2013 model year non-emergency
engines.
(d) After December 31, 2013, owners and operators may not install
non-emergency stationary CI ICE with a maximum engine power of greater
than or equal to 56 KW (75 HP) and less than 130 KW (175 HP) that do
not meet the applicable requirements for 2012 model year non-emergency
engines.
(e) After December 31, 2012, owners and operators may not install
non-emergency stationary CI ICE with a maximum engine power of greater
than or equal to 130 KW (175 HP), including those above 560 KW (750
HP), that do not meet the applicable requirements for 2011 model year
non-emergency engines.
(f) After December 31, 2016, owners and operators may not install
non-emergency stationary CI ICE with a maximum engine power of greater
than or equal to 560 KW (750 HP) that do not meet the applicable
requirements for 2015 model year non-emergency engines.
(g) In addition to the requirements specified in Sec. Sec.
60.4201, 60.4202, 60.4204, and 60.4205, it is prohibited to import
stationary CI ICE with a displacement of less than 30 liters per
cylinder that do not meet the applicable requirements specified in
paragraphs (a) through (f) of this section after the dates specified in
paragraphs (a) through (f) of this section.
(h) The requirements of this section do not apply to owners or
operators of stationary CI ICE that have been modified, reconstructed,
and do not apply to engines that were removed from one existing
location and reinstalled at a new location.
Sec. 60.4209 What are the monitoring requirements if I am an owner or
operator of a stationary CI internal combustion engine?
If you are an owner or operator, you must meet the monitoring
requirements of this section. In addition, you must also meet the
monitoring requirements specified in Sec. 60.4211.
(a) If you are an owner or operator of an emergency stationary CI
internal combustion engine, you must install a non-resettable hour
meter prior to startup of the engine.
(b) If you are an owner or operator of a stationary CI internal
combustion engine equipped with a diesel particulate filter to comply
with the emission standards in Sec. 60.4204, the diesel particulate
filter must be installed with a backpressure monitor that notifies the
owner or operator when the high backpressure limit of the engine is
approached.
Compliance Requirements
Sec. 60.4210 What are my compliance requirements if I am a stationary
CI internal combustion engine manufacturer?
(a) Stationary CI internal combustion engine manufacturers must
certify their stationary CI ICE with a displacement of less than 10
liters per cylinder to the emission standards specified in Sec.
60.4201(a) through (c) and Sec. 60.4202(a), (b) and (d) using the
certification procedures required in 40 CFR part 89, subpart B, or 40
CFR part 1039, subpart C, as applicable, and must test their engines as
specified in those parts. For the purposes of this subpart, engines
certified to the standards in table 1 to this subpart shall be subject
to the same requirements as engines certified to the standards in 40
CFR part 89. For the purposes of this subpart, engines certified to the
standards in table 4 to this subpart shall be subject to the same
requirements as engines certified to the standards in 40 CFR part 89,
except that engines with NFPA nameplate power of less than 37 KW (50
HP) certified to model year 2011 or later standards shall be subject to
the same requirements as engines certified to the standards in 40 CFR
part 1039.
(b) Stationary CI internal combustion engine manufacturers must
certify their stationary CI ICE with a displacement of greater than or
equal to 10 liters per cylinder and less than 30 liters per cylinder to
the emission standards specified in Sec. 60.4201(d) and Sec.
60.4202(c) using the certification procedures required in 40 CFR part
94 subpart C, and must test their engines as specified in 40 CFR part
94.
(c) Stationary CI internal combustion engine manufacturers must
meet the requirements of 40 CFR 1039.120, 40 CFR 1039.125, 40 CFR
1039.130, 40 CFR 1039.135, and 40 CFR part 1068 for engines that are
certified to the emission standards in 40 CFR part 1039. Stationary CI
internal combustion engine manufacturers must meet the corresponding
provisions of 40 CFR part 89 or 40 CFR part 94 for engines that would
be covered by that part if they were nonroad (including marine)
engines. Labels on such engines must
[[Page 39176]]
refer to stationary engines, rather than or in addition to nonroad or
marine engines, as appropriate. Stationary CI internal combustion
engine manufacturers must label their engines according to paragraphs
(c)(1) through (3) of this section.
(1) Stationary CI internal combustion engines manufactured from
January 1, 2006 to March 31, 2006 (January 1, 2006 to June 30, 2006 for
fire pump engines), other than those that are part of certified engine
families under the nonroad CI engine regulations, must be labeled
according to 40 CFR 1039.20.
(2) Stationary CI internal combustion engines manufactured from
April 1, 2006 to December 31, 2006 (or, for fire pump engines, July 1,
2006 to December 31 of the year preceding the year listed in table 3 to
this subpart) must be labeled according to paragraphs (c)(2)(i) through
(iii) of this section:
(i) Stationary CI internal combustion engines that are part of
certified engine families under the nonroad regulations must meet the
labeling requirements for nonroad CI engines, but do not have to meet
the labeling requirements in 40 CFR 1039.20.
(ii) Stationary CI internal combustion engines that meet Tier 1
requirements (or requirements for fire pumps) under this subpart, but
do not meet the requirements applicable to nonroad CI engines must be
labeled according to 40 CFR 1039.20. The engine manufacturer may add
language to the label clarifying that the engine meets Tier 1
requirements (or requirements for fire pumps) of this subpart.
(iii) Stationary CI internal combustion engines manufactured after
April 1, 2006 that do not meet Tier 1 requirements of this subpart, or
fire pumps engines manufactured after July 1, 2006 that do not meet the
requirements for fire pumps under this subpart, may not be used in the
U.S. If any such engines are manufactured in the U.S. after April 1,
2006 (July 1, 2006 for fire pump engines), they must be exported or
must be brought into compliance with the appropriate standards prior to
initial operation. The export provisions of 40 CFR 1068.230 would apply
to engines for export and the manufacturers must label such engines
according to 40 CFR 1068.230.
(3) Stationary CI internal combustion engines manufactured after
January 1, 2007 (for fire pump engines, after January 1 of the year
listed in table 3 to this subpart, as applicable) must be labeled
according to paragraphs (c)(3)(i) through (iii) of this section.
(i) Stationary CI internal combustion engines that meet the
requirements of this subpart and the corresponding requirements for
nonroad (including marine) engines of the same model year and HP must
be labeled according to the provisions in part 89, 94 or 1039, as
appropriate.
(ii) Stationary CI internal combustion engines that meet the
requirements of this subpart, but are not certified to the standards
applicable to nonroad (including marine) engines of the same model year
and HP must be labeled according to the provisions in part 89, 94 or
1039, as appropriate, but the words ``stationary'' must be included
instead of ``nonroad'' or ``marine'' on the label. In addition, such
engines must be labeled according to 40 CFR 1039.20.
(iii) Stationary CI internal combustion engines that do not meet
the requirements of this subpart must be labeled according to 40 CFR
1068.230 and must be exported under the provisions of 40 CFR 1068.230.
(d) An engine manufacturer certifying an engine family or families
to standards under this subpart that are identical to standards
applicable under parts 89, 94, or 1039 for that model year may certify
any such family that contains both nonroad (including marine) and
stationary engines as a single engine family and/or may include any
such family containing stationary engines in the averaging, banking and
trading provisions applicable for such engines under those parts.
(e) Manufacturers of engine families discussed in paragraph (d) of
this section may meet the labeling requirements referred to in
paragraph (c) of this section for stationary CI ICE by either adding a
separate label containing the information required in paragraph (c) of
this section or by adding the words ``and stationary'' after the word
``nonroad'' or ``marine,'' as appropriate, to the label.
(f) Starting with the model years shown in table 5 to this subpart,
stationary CI internal combustion engine manufacturers must add a
permanent label stating that the engine is for stationary emergency use
only to each new emergency stationary CI internal combustion engine
greater than or equal to 19 KW (25 HP) that meets all the emission
standards for emergency engines in Sec. 60.4202 but does not meet all
the emission standards for non-emergency engines in Sec. 60.4201. The
label must be added according to the labeling requirements specified in
40 CFR 1039.135(b). Engine manufacturers must specify in the owner's
manual that operation of emergency engines is limited to emergency
operations and required maintenance and testing.
(g) Manufacturers of fire pump engines may use the test cycle in
table 6 to this subpart for testing fire pump engines and may test at
the NFPA certified nameplate HP, provided that the engine is labeled as
``Fire Pump Applications Only''.
(h) Engine manufacturers, including importers, may introduce into
commerce uncertified engines or engines certified to earlier standards
that were manufactured before the new or changed standards took effect
until inventories are depleted, as long as such engines are part of
normal inventory. For example, if the engine manufacturers' normal
industry practice is to keep on hand a one-month supply of engines
based on its projected sales, and a new tier of standards starts to
apply for the 2009 model year, the engine manufacturer may manufacture
engines based on the normal inventory requirements late in the 2008
model year, and sell those engines for installation. The engine
manufacturer may not circumvent the provisions of Sec. Sec. 60.4201 or
60.4202 by stockpiling engines that are built before new or changed
standards take effect. Stockpiling of such engines beyond normal
industry practice is a violation of this subpart.
(i) The replacement engine provisions of 40 CFR 89.1003(b)(7), 40
CFR 94.1103(b)(3), 40 CFR 94.1103(b)(4) and 40 CFR 1068.240 are
applicable to stationary CI engines replacing existing equipment that
is less than 15 years old.
Sec. 60.4211 What are my compliance requirements if I am an owner or
operator of a stationary CI internal combustion engine?
(a) If you are an owner or operator and must comply with the
emission standards specified in this subpart, you must operate and
maintain the stationary CI internal combustion engine and control
device according to the manufacturer's written instructions or
procedures developed by the owner or operator that are approved by the
engine manufacturer. In addition, owners and operators may only change
those settings that are permitted by the manufacturer. You must also
meet the requirements of 40 CFR parts 89, 94 and/or 1068, as they apply
to you.
(b) If you are an owner or operator of a pre-2007 model year
stationary CI internal combustion engine and must comply with the
emission standards specified in Sec. Sec. 60.4204(a) or 60.4205(a), or
if you are an owner or operator of a CI fire pump engine that is
manufactured prior to the model years in table 3 to this subpart and
must comply with the emission standards
[[Page 39177]]
specified in Sec. 60.4205(c), you must demonstrate compliance
according to one of the methods specified in paragraphs (b)(1) through
(5) of this section.
(1) Purchasing an engine certified according to 40 CFR part 89 or
40 CFR part 94, as applicable, for the same model year and maximum
engine power. The engine must be installed and configured according to
the manufacturer's specifications.
(2) Keeping records of performance test results for each pollutant
for a test conducted on a similar engine. The test must have been
conducted using the same methods specified in this subpart and these
methods must have been followed correctly.
(3) Keeping records of engine manufacturer data indicating
compliance with the standards.
(4) Keeping records of control device vendor data indicating
compliance with the standards.
(5) Conducting an initial performance test to demonstrate
compliance with the emission standards according to the requirements
specified in Sec. 60.4212, as applicable.
(c) If you are an owner or operator of a 2007 model year and later
stationary CI internal combustion engine and must comply with the
emission standards specified in Sec. 60.4204(b) or Sec. 60.4205(b),
or if you are an owner or operator of a CI fire pump engine that is
manufactured during or after the model year that applies to your fire
pump engine power rating in table 3 to this subpart and must comply
with the emission standards specified in Sec. 60.4205(c), you must
comply by purchasing an engine certified to the emission standards in
Sec. 60.4204(b), or Sec. 60.4205(b) or (c), as applicable, for the
same model year and maximum (or in the case of fire pumps, NFPA
nameplate) engine power. The engine must be installed and configured
according to the manufacturer's specifications.
(d) If you are an owner or operator and must comply with the
emission standards specified in Sec. 60.4204(c) or Sec. 60.4205(d),
you must demonstrate compliance according to the requirements specified
in paragraphs (d)(1) through (3) of this section.
(1) Conducting an initial performance test to demonstrate initial
compliance with the emission standards as specified in Sec. 60.4213.
(2) Establishing operating parameters to be monitored continuously
to ensure the stationary internal combustion engine continues to meet
the emission standards. The owner or operator must petition the
Administrator for approval of operating parameters to be monitored
continuously. The petition must include the information described in
paragraphs (d)(2)(i) through (v) of this section.
(i) Identification of the specific parameters you propose to
monitor continuously;
(ii) A discussion of the relationship between these parameters and
NOX and PM emissions, identifying how the emissions of these
pollutants change with changes in these parameters, and how limitations
on these parameters will serve to limit NOX and PM
emissions;
(iii) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the limits on these
parameters in the operating limitations;
(iv) A discussion identifying the methods and the instruments you
will use to monitor these parameters, as well as the relative accuracy
and precision of these methods and instruments; and
(v) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
(3) For non-emergency engines with a displacement of greater than
or equal to 30 liters per cylinder, conducting annual performance tests
to demonstrate continuous compliance with the emission standards as
specified in Sec. 60.4213.
(e) Emergency stationary ICE may be operated for the purpose of
maintenance checks and readiness testing, provided that the tests are
recommended by Federal, State, or local government, the manufacturer,
the vendor, or the insurance company associated with the engine.
Maintenance checks and readiness testing of such units is limited to
100 hours per year. There is no time limit on the use of emergency
stationary ICE in emergency situations. Anyone may petition the
Administrator for approval of additional hours to be used for
maintenance checks and readiness testing, but a petition is not
required if the owner or operator maintains records indicating that
Federal, State, or local standards require maintenance and testing of
emergency ICE beyond 100 hours per year. For owners and operators of
emergency engines meeting standards under Sec. 60.4205 but not Sec.
60.4204, any operation other than emergency operation, and maintenance
and testing as permitted in this section, is prohibited.
Testing Requirements for Owners and Operators
Sec. 60.4212 What test methods and other procedures must I use if I
am an owner or operator of a stationary CI internal combustion engine
with a displacement of less than 30 liters per cylinder?
Owners and operators of stationary CI ICE with a displacement of
less than 30 liters per cylinder who conduct performance tests pursuant
to this subpart must do so according to paragraphs (a) through (d) of
this section.
(a) The performance test must be conducted according to the in-use
testing procedures in 40 CFR part 1039, subpart F.
(b) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for new CI engines in 40 CFR part 1039 must
not exceed the not-to-exceed (NTE) standards for the same model year
and maximum engine power as required in 40 CFR 1039.101(e) and 40 CFR
1039.102(g)(1), except as specified in 40 CFR 1039.104(d). This
requirement starts when NTE requirements take effect for nonroad diesel
engines under 40 CFR part 1039.
(c) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for new CI engines in 40 CFR 89.112 or 40
CFR 94.8, as applicable, must not exceed the NTE numerical
requirements, rounded to the same number of decimal places as the
applicable standard in 40 CFR 89.112 or 40 CFR 94.8, as applicable,
determined from the following equation:
[GRAPHIC] [TIFF OMITTED] TR11JY06.000
Where:
STD = The standard specified for that pollutant in 40 CFR 89.112 or 40
CFR 94.8, as applicable.
Alternatively, stationary CI ICE that are complying with the
emission standards for new CI engines in 40 CFR 89.112 or 40 CFR 94.8
may follow the testing procedures specified in Sec. 60.4213 of this
subpart, as appropriate.
(d) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for pre-2007 model
[[Page 39178]]
year engines in Sec. 60.4204(a), Sec. 60.4205(a), or Sec. 60.4205(c)
must not exceed the NTE numerical requirements, rounded to the same
number of decimal places as the applicable standard in Sec.
60.4204(a), Sec. 60.4205(a), or Sec. 60.4205(c), determined from the
equation in paragraph (c) of this section.
Where:
STD = The standard specified for that pollutant in Sec. 60.4204(a),
Sec. 60.4205(a), or Sec. 60.4205(c).
Alternatively, stationary CI ICE that are complying with the
emission standards for pre-2007 model year engines in Sec. 60.4204(a),
Sec. 60.4205(a), or Sec. 60.4205(c) may follow the testing procedures
specified in Sec. 60.4213, as appropriate.
Sec. 60.4213 What test methods and other procedures must I use if I
am an owner or operator of a stationary CI internal combustion engine
with a displacement of greater than or equal to 30 liters per cylinder?
Owners and operators of stationary CI ICE with a displacement of
greater than or equal to 30 liters per cylinder must conduct
performance tests according to paragraphs (a) through (d) of this
section.
(a) Each performance test must be conducted according to the
requirements in Sec. 60.8 and under the specific conditions that this
subpart specifies in table 7. The test must be conducted within 10
percent of 100 percent peak (or the highest achievable) load.
(b) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 60.8(c).
(c) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec. 60.8(f). Each test
run must last at least 1 hour.
(d) To determine compliance with the percent reduction requirement,
you must follow the requirements as specified in paragraphs (d)(1)
through (3) of this section.
(1) You must use Equation 2 of this section to determine compliance
with the percent reduction requirement:
[GRAPHIC] [TIFF OMITTED] TR11JY06.001
Where:
Ci = concentration of NOX or PM at the control
device inlet,
Co = concentration of NOX or PM at the control
device outlet, and
R = percent reduction of NOX or PM emissions.
(2) You must normalize the NOX or PM concentrations at
the inlet and outlet of the control device to a dry basis and to 15
percent oxygen (O2) using Equation 3 of this section, or an
equivalent percent carbon dioxide (CO2) using the procedures
described in paragraph (d)(3) of this section.
[GRAPHIC] [TIFF OMITTED] TR11JY06.002
Where:
Cadj = Calculated NOX or PM concentration
adjusted to 15 percent O2.
Cd = Measured concentration of NOX or PM,
uncorrected.
5.9 = 20.9 percent O2-15 percent O2, the
defined O2 correction value, percent.
%O2 = Measured O2 concentration, dry basis,
percent.
(3) If pollutant concentrations are to be corrected to 15 percent
O2 and CO2 concentration is measured in lieu of
O2 concentration measurement, a CO2 correction
factor is needed. Calculate the CO2 correction factor as
described in paragraphs (d)(3)(i) through (iii) of this section.
(i) Calculate the fuel-specific Fo value for the fuel
burned during the test using values obtained from Method 19, Section
5.2, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR11JY06.003
Where:
Fo = Fuel factor based on the ratio of O2
volume to the ultimate CO2 volume produced by the fuel at
zero percent excess air.
0.209 = Fraction of air that is O2, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross
calorific value of the fuel from Method 19, dsm3/J (dscf/
106 Btu).
Fc = Ratio of the volume of CO2 produced to
the gross calorific value of the fuel from Method 19,
dsm3/J (dscf/106 Btu).
(ii) Calculate the CO2 correction factor for correcting
measurement data to 15 percent O2, as follows:
[GRAPHIC] [TIFF OMITTED] TR11JY06.004
Where:
XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2-15 percent O2, the
defined O2 correction value, percent.
(iii) Calculate the NOX and PM gas concentrations
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TR11JY06.005
Where:
Cadj = Calculated NOX or PM concentration
adjusted to 15 percent O2.
Cd = Measured concentration of NOX or PM,
uncorrected.
%CO2 = Measured CO2 concentration, dry basis,
percent.
(e) To determine compliance with the NOX mass per unit
output emission limitation, convert the concentration of NOX
in the engine exhaust using Equation 7 of this section:
[GRAPHIC] [TIFF OMITTED] TR11JY06.006
Where:
ER = Emission rate in grams per KW-hour.
Cd = Measured NOX concentration in ppm.
1.912x10-3 = Conversion constant for ppm NOX
to grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per
hour.
T = Time of test run, in hours.
KW-hour = Brake work of the engine, in KW-hour.
(f) To determine compliance with the PM mass per unit output
emission limitation, convert the concentration of PM in the engine
exhaust using Equation 8 of this section:
[GRAPHIC] [TIFF OMITTED] TR11JY06.007
Where:
ER = Emission rate in grams per KW-hour.
Cadj = Calculated PM concentration in grams per standard
cubic meter.
Q = Stack gas volumetric flow rate, in standard cubic meter per
hour.
T = Time of test run, in hours.
KW-hour = Energy output of the engine, in KW.
[[Page 39179]]
Notification, Reports, and Records for Owners and Operators
Sec. 60.4214 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI internal
combustion engine?
(a) Owners and operators of non-emergency stationary CI ICE that
are greater than 2,237 KW (3,000 HP), or have a displacement of greater
than or equal to 10 liters per cylinder, or are pre-2007 model year
engines that are greater than 130 KW (175 HP) and not certified, must
meet the requirements of paragraphs (a)(1) and (2) of this section.
(1) Submit an initial notification as required in Sec. 60.7(a)(1).
The notification must include the information in paragraphs (a)(1)(i)
through (v) of this section.
(i) Name and address of the owner or operator;
(ii) The address of the affected source;
(iii) Engine information including make, model, engine family,
serial number, model year, maximum engine power, and engine
displacement;
(iv) Emission control equipment; and
(v) Fuel used.
(2) Keep records of the information in paragraphs (a)(2)(i) through
(iv) of this section.
(i) All notifications submitted to comply with this subpart and all
documentation supporting any notification.
(ii) Maintenance conducted on the engine.
(iii) If the stationary CI internal combustion is a certified
engine, documentation from the manufacturer that the engine is
certified to meet the emission standards.
(iv) If the stationary CI internal combustion is not a certified
engine, documentation that the engine meets the emission standards.
(b) If the stationary CI internal combustion engine is an emergency
stationary internal combustion engine, the owner or operator is not
required to submit an initial notification. Starting with the model
years in table 5 to this subpart, if the emergency engine does not meet
the standards applicable to non-emergency engines in the applicable
model year, the owner or operator must keep records of the operation of
the engine in emergency and non-emergency service that are recorded
through the non-resettable hour meter. The owner must record the time
of operation of the engine and the reason the engine was in operation
during that time.
(c) If the stationary CI internal combustion engine is equipped
with a diesel particulate filter, the owner or operator must keep
records of any corrective action taken after the backpressure monitor
has notified the owner or operator that the high backpressure limit of
the engine is approached.
Special Requirements
Sec. 60.4215 What requirements must I meet for engines used in Guam,
American Samoa, or the Commonwealth of the Northern Mariana Islands?
(a) Stationary CI ICE that are used in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands are required to meet the
applicable emission standards in Sec. 60.4205. Non-emergency
stationary CI ICE with a displacement of greater than or equal to 30
liters per cylinder, must meet the applicable emission standards in
Sec. 60.4204(c).
(b) Stationary CI ICE that are used in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands are not required to meet
the fuel requirements in Sec. 60.4207.
Sec. 60.4216 What requirements must I meet for engines used in
Alaska?
(a) Prior to December 1, 2010, owners and operators of stationary
CI engines located in areas of Alaska not accessible by the Federal Aid
Highway System should refer to 40 CFR part 69 to determine the diesel
fuel requirements applicable to such engines.
(b) The Governor of Alaska may submit for EPA approval, by no later
than January 11, 2008, an alternative plan for implementing the
requirements of 40 CFR part 60, subpart IIII, for public-sector
electrical utilities located in rural areas of Alaska not accessible by
the Federal Aid Highway System. This alternative plan must be based on
the requirements of section 111 of the Clean Air Act including any
increased risks to human health and the environment and must also be
based on the unique circumstances related to remote power generation,
climatic conditions, and serious economic impacts resulting from
implementation of 40 CFR part 60, subpart IIII. If EPA approves by
rulemaking process an alternative plan, the provisions as approved by
EPA under that plan shall apply to the diesel engines used in new
stationary internal combustion engines subject to this paragraph.
Sec. 60.4217 What emission standards must I meet if I am an owner or
operator of a stationary internal combustion engine using special
fuels?
(a) Owners and operators of stationary CI ICE that do not use
diesel fuel, or who have been given authority by the Administrator
under Sec. 60.4207(d) of this subpart to use fuels that do not meet
the fuel requirements of paragraphs (a) and (b) of Sec. 60.4207, may
petition the Administrator for approval of alternative emission
standards, if they can demonstrate that they use a fuel that is not the
fuel on which the manufacturer of the engine certified the engine and
that the engine cannot meet the applicable standards required in Sec.
60.4202 or Sec. 60.4203 using such fuels.
(b) [Reserved]
General Provisions
Sec. 60.4218 What parts of the General Provisions apply to me?
Table 8 to this subpart shows which parts of the General Provisions
in Sec. Sec. 60.1 through 60.19 apply to you.
Definitions
Sec. 60.4219 What definitions apply to this subpart?
As used in this subpart, all terms not defined herein shall have
the meaning given them in the CAA and in subpart A of this part.
Combustion turbine means all equipment, including but not limited
to the turbine, the fuel, air, lubrication and exhaust gas systems,
control systems (except emissions control equipment), and any ancillary
components and sub-components comprising any simple cycle combustion
turbine, any regenerative/recuperative cycle combustion turbine, the
combustion turbine portion of any cogeneration cycle combustion system,
or the combustion turbine portion of any combined cycle steam/electric
generating system.
Compression ignition means relating to a type of stationary
internal combustion engine that is not a spark ignition engine.
Diesel fuel means any liquid obtained from the distillation of
petroleum with a boiling point of approximately 150 to 360 degrees
Celsius. One commonly used form is number 2 distillate oil.
Diesel particulate filter means an emission control technology that
reduces PM emissions by trapping the particles in a flow filter
substrate and periodically removes the collected particles by either
physical action or by oxidizing (burning off) the particles in a
process called regeneration.
Emergency stationary internal combustion engine means any
stationary internal combustion engine whose operation is limited to
emergency situations and required testing and maintenance. Examples
include stationary ICE used to produce power for critical networks or
equipment
[[Page 39180]]
(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.
Stationary CI ICE used to supply power to an electric grid or that
supply power as part of a financial arrangement with another entity are
not considered to be emergency engines.
Engine manufacturer means the manufacturer of the engine. See the
definition of ``manufacturer'' in this section.
Fire pump engine means an emergency stationary internal combustion
engine certified to NFPA requirements that is used to provide power to
pump water for fire suppression or protection.
Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures a stationary
engine for sale in the United States or otherwise introduces a new
stationary engine into commerce in the United States. This includes
importers who import stationary engines for sale or resale.
Maximum engine power means maximum engine power as defined in 40
CFR 1039.801.
Model year means either:
(1) The calendar year in which the engine was originally produced,
or
(2) The annual new model production period of the engine
manufacturer if it is different than the calendar year. This must
include January 1 of the calendar year for which the model year is
named. It may not begin before January 2 of the previous calendar year
and it must end by December 31 of the named calendar year. For an
engine that is converted to a stationary engine after being placed into
service as a nonroad or other non-stationary engine, model year means
the calendar year or new model production period in which the engine
was originally produced.
Other internal combustion engine means any internal combustion
engine, except combustion turbines, which is not a reciprocating
internal combustion engine or rotary internal combustion engine.
Reciprocating internal combustion engine means any internal
combustion engine which uses reciprocating motion to convert heat
energy into mechanical work.
Rotary internal combustion engine means any internal combustion
engine which uses rotary motion to convert heat energy into mechanical
work.
Spark ignition means relating to a gasoline, natural gas, or
liquefied petroleum gas fueled engine or any other type of engine with
a spark plug (or other sparking device) and with operating
characteristics significantly similar to the theoretical Otto
combustion cycle. Spark ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is
used for CI and gaseous fuel (typically natural gas) is used as the
primary fuel at an annual average ratio of less than 2 parts diesel
fuel to 100 parts total fuel on an energy equivalent basis are spark
ignition engines.
Stationary internal combustion engine means any internal combustion
engine, except combustion turbines, that converts heat energy into
mechanical work and is not mobile. Stationary ICE differ from mobile
ICE in that a stationary internal combustion engine is not a nonroad
engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of
that definition), and is not used to propel a motor vehicle or a
vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines.
Subpart means 40 CFR part 60, subpart IIII.
Useful life means the period during which the engine is designed to
properly function in terms of reliability and fuel consumption, without
being remanufactured, specified as a number of hours of operation or
calendar years, whichever comes first. The values for useful life for
stationary CI ICE with a displacement of less than 10 liters per
cylinder are given in 40 CFR 1039.101(g). The values for useful life
for stationary CI ICE with a displacement of greater than or equal to
10 liters per cylinder and less than 30 liters per cylinder are given
in 40 CFR 94.9(a).
Tables to Subpart IIII of Part 60
Table 1 to Subpart IIII of Part 60.--Emission Standards for Stationary Pre-2007 Model Year Engines With a
Displacement of <10 Liters per Cylinder and 2007-2010 Model Year Engines >2,237 KW (3,000 HP) and With a
Displacement of <10 Liters per Cylinder
[As stated in Sec. Sec. 60.4201(b), 60.4202(b), 60.4204(a), and 60.4205(a), you must comply with the
following emission standards]
----------------------------------------------------------------------------------------------------------------
Emission standards for stationary pre-2007 model year engines
with a displacement of <10 liters per cylinder and 2007-2010
model year engines >2,237 KW (3,000 HP) and with a displacement
Maximum engine power of <10 liters per cylinder in g/KW-hr (g/HP-hr)
----------------------------------------------------------------
NMHC + NOX HC NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)................................... 10.5 (7.8) ........... ........... 8.0 (6.0) 1.0 (0.75)
8<=KW<19 (11<=HP<25)........................... 9.5 (7.1) ........... ........... 6.6 (4.9) 0.80 (0.60)
19<=KW<37 (25<=HP<50).......................... 9.5 (7.1) ........... ........... 5.5 (4.1) 0.80 (0.60)
37<=KW<56 (50<=HP<75).......................... ........... ........... 9.2 (6.9) ........... ...........
56<=KW<75 (75<=HP<100)......................... ........... ........... 9.2 (6.9) ........... ...........
75<=KW<130 (100<=HP<175)....................... ........... ........... 9.2 (6.9) ........... ...........
130<=KW<225 (175<=HP<300)...................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
225<=KW<450 (300<=HP<600)...................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
450<=KW<=560 (600<=HP<=750).................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
KW>560 (HP>750)................................ ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
----------------------------------------------------------------------------------------------------------------
[[Page 39181]]
Table 2 to Subpart IIII of Part 60.--Emission Standards for 2008 Model Year and Later Emergency Stationary CI
ICE <37 KW (50 HP) With a Displacement of <10 Liters per Cylinder
[As stated in Sec. 60.4202(a)(1), you must comply with the following emission standards]
----------------------------------------------------------------------------------------------------------------
Emission standards for 2008 model year and later
emergency stationary CI ICE <37 KW (50 HP) with a
displacement of <10 liters per cylinder in g/KW-hr
Engine power (g/HP-hr)
---------------------------------------------------
Model
year(s) NOX + NMHC CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)................................................ 2008+ 7.5 (5.6) 8.0 (6.0) 0.40 (0.30)
8<=KW<19 (11<=HP<25)........................................ 2008+ 7.5 (5.6) 6.6 (4.9) 0.40 (0.30)
19<=KW<37 (25<=HP<50)....................................... 2008+ 7.5 (5.6) 5.5 (4.1) 0.30 (0.22)
----------------------------------------------------------------------------------------------------------------
Table 3 to Subpart IIII of Part 60.--Certification Requirements for
Stationary Fire Pump Engines
[As stated in Sec. 60.4202(d), you must certify new stationary fire
pump engines beginning with the following model years:]
------------------------------------------------------------------------
Starting model year
engine manufacturers
must certify new
Engine power stationary fire pump
engines according to
Sec. 60.4202(d)
------------------------------------------------------------------------
KW<75 (HP<100)................................. 2011
75<=KW<130 (100<=HP<175)....................... 2010
130<=KW<=560 (175<=HP<=750).................... 2009
KW>560 (HP>750)................................ 2008
------------------------------------------------------------------------
Table 4 to Subpart IIII of Part 60.--Emission Standards for Stationary Fire Pump Engines
[As stated in Sec. Sec. 60.4202(d) and 60.4205(c), you must comply with the following emission standards for
stationary fire pump engines]
----------------------------------------------------------------------------------------------------------------
Maximum engine power Model year(s) NMHC + NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11).............................. 2010 and earlier............. 10.5 (7.8) 8.0 (6.0) 1.0 (0.75)
2011+........................ 7.5 (5.6) ........... 0.40 (0.30)
8<=KW<19 (11<=HP<25)...................... 2010 and earlier............. 9.5 (7.1) 6.6 (4.9) 0.80 (0.60)
2011+........................ 7.5 (5.6) ........... 0.40 (0.30)
19<=KW<37 (25<=HP<50)..................... 2010 and earlier............. 9.5 (7.1) 5.5 (4.1) 0.80 (0.60)
2011+........................ 7.5 (5.6) ........... 0.30 (0.22)
37<=KW<56 (50<=HP<75)..................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2011+ \1\.................... 4.7 (3.5) ........... 0.40 (0.30)
56<=KW<75 (75<=HP<100).................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2011+ \1\.................... 4.7 (3.5) ........... 0.40 (0.30)
75<=KW<130 (100<=HP<175).................. 2009 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2010+ \2\.................... 4.0 (3.0) ........... 0.30 (0.22)
130<=KW<225 (175<=HP<300)................. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+ \3\.................... 4.0 (3.0) ........... 0.20 (0.15)
225<=KW<450 (300<=HP<600)................. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+ \3\.................... 4.0 (3.0) ........... 0.20 (0.15)
450<=KW<=560 (600<=HP<=750)............... 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+........................ 4.0 (3.0) ........... 0.20 (0.15)
KW>560 (HP>750)........................... 2007 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2008+........................ 6.4 (4.8) ........... 0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\1\ For model years 2011-2013, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with the
emission limitations for 2010 model year engines.
\2\ For model years 2010-2012, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations for 2009
model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE in this engine power category with a
rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.
Table 5 to Subpart IIII of Part 60.--Labeling and Recordkeeping
Requirements for New Stationary Emergency Engines
[You must comply with the labeling requirements in Sec. 60.4210(f) and
the recordkeeping requirements in Sec. 60.4214(b) for new emergency
stationary CI ICE beginning in the following model years:]
------------------------------------------------------------------------
Engine power Starting model year
------------------------------------------------------------------------
19<=KW<56 (25<=HP<75).......................... 2013
56<=KW<130 (75<=HP<175)........................ 2012
KW>=130 (HP>=175).............................. 2011
------------------------------------------------------------------------
[[Page 39182]]
Table 6 to Subpart IIII of Part 60.--Optional 3-Mode Test Cycle for Stationary Fire Pump Engines
[As stated in Sec. 60.4210(g), manufacturers of fire pump engines may use the following test cycle for testing
fire pump engines:]
----------------------------------------------------------------------------------------------------------------
Torque Weighting
Mode No. Engine speed \1\ (percent) \2\ factors
----------------------------------------------------------------------------------------------------------------
1............................................. Rated........................... 100 0.30
----------------------------------------------------------------------------------------------------------------
2............................................. Rated........................... 75 0.50
----------------------------------------------------------------------------------------------------------------
3............................................. Rated........................... 50 0.20
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed: 2 percent of point.
\2\ Torque: NFPA certified nameplate HP for 100 percent point. All points should be 2 percent of
engine percent load value.
Table 7 to Subpart IIII of Part 60.--Requirements for Performance Tests for Stationary CI ICE With a
Displacement of [gteqt]30 Liters per Cylinder
[As stated in Sec. 60.4213, you must comply with the following requirements for performance tests for
stationary CI ICE with a displacement of [gteqt]30 liters per cylinder:]
----------------------------------------------------------------------------------------------------------------
According to the
For each Complying with the You must Using following
requirement to requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary CI internal a. Reduce NOX i. Select the (1) Method 1 or 1A (a) Sampling sites
combustion engine with a emissions by 90 sampling port of 40 CFR part must be located
displacement of [gteqt]30 percent or more. location and the 60, appendix A. at the inlet and
liters per cylinder. number of outlet of the
traverse points; control device.
ii. Measure O2 at (2) Method 3, 3A, (b) Measurements
the inlet and or 3B of 40 CFR to determine O2
outlet of the part 60, appendix concentration
control device; A. must be made at
the same time as
the measurements
for NOX
concentration.
iii. If necessary, (3) Method 4 of 40 (c) Measurements
measure moisture CFR part 60, to determine
content at the appendix A, moisture content
inlet and outlet Method 320 of 40 must be made at
of the control CFR part 63, the same time as
device; and, appendix A, or the measurements
ASTM D 6348-03 for NOX
(incorporated by concentration.
reference, see
Sec. 60.17).
iv. Measure NOX at (4) Method 7E of (d) NOX
the inlet and 40 CFR part 60, concentration
outlet of the appendix A, must be at 15
control device. Method 320 of 40 percent O2, dry
CFR part 63, basis. Results of
appendix A, or this test consist
ASTM D 6348-03 of the average of
(incorporated by the three 1-hour
reference, see or longer runs.
Sec. 60.17).
b. Limit the i. Select the (1) Method 1 or 1A (a) If using a
concentration of sampling port of 40 CFR part control device,
NOX in the location and the 60, Appendix A. the sampling site
stationary CI number of must be located
internal traverse points; at the outlet of
combustion engine the control
exhaust. device.
ii. Determine the (2) Method 3, 3A, (b) Measurements
O2 concentration or 3B of 40 CFR to determine O2
of the stationary part 60, appendix concentration
internal A. must be made at
combustion engine the same time as
exhaust at the the measurement
sampling port for NOX
location; and, concentration.
iii. If necessary, (3) Method 4 of 40 (c) Measurements
measure moisture CFR part 60, to determine
content of the appendix A, moisture content
stationary Method 320 of 40 must be made at
internal CFR part 63, the same time as
combustion engine appendix A, or the measurement
exhaust at the ASTM D 6348-03 for NOX
sampling port (incorporated by concentration.
location; and, reference, see
Sec. 60.17).
iv. Measure NOX at (4) Method 7E of (d) NOX
the exhaust of 40 CFR part 60, concentration
the stationary appendix A, must be at 15
internal Method 320 of 40 percent O2, dry
combustion engine. CFR part 63, basis. Results of
appendix A, or this test consist
ASTM D 6348-03 of the average of
(incorporated by the three 1-hour
reference, see or longer runs.
Sec. 60.17).
c. Reduce PM i. Select the (1) Method 1 or 1A (a) Sampling sites
emissions by 60 sampling port of 40 CFR part must be located
percent or more. location and the 60, appendix A. at the inlet and
number of outlet of the
traverse points; control device.
[[Page 39183]]
ii. Measure O2 at (2) Method 3, 3A, (b) Measurements
the inlet and or 3B of 40 CFR to determine O2
outlet of the part 60, appendix concentration
control device; A. must be made at
the same time as
the measurements
for PM
concentration.
iii. If necessary, (3) Method 4 of 40 (c) Measurements
measure moisture CFR part 60, to determine and
content at the appendix A. moisture content
inlet and outlet must be made at
of the control the same time as
device; and the measurements
for PM
concentration.
iv. Measure PM at (4) Method 5 of 40 (d) PM
the inlet and CFR part 60, concentration
outlet of the appendix A. must be at 15
control device. percent O2, dry
basis. Results of
this test consist
of the average of
the three 1-hour
or longer runs.
d. Limit the i. Select the (1) Method 1 or 1A (a) If using a
concentration of sampling port of 40 CFR part control device,
PM in the location and the 60, Appendix A. the sampling site
stationary CI number of must be located
internal traverse points; at the outlet of
combustion engine the control
exhaust. device.
ii. Determine the (2) Method 3, 3A, (b) Measurements
O2 concentration or 3B of 40 CFR to determine O2
of the stationary part 60, appendix concentration
internal A. must be made at
combustion engine the same time as
exhaust at the the measurements
sampling port for PM
location; and concentration.
iii. If necessary, (3) Method 4 of 40 (c) Measurements
measure moisture CFR part 60, to determine
content of the appendix A. moisture content
stationary must be made at
internal the same time as
combustion engine the measurements
exhaust at the for PM
sampling port concentration.
location; and
iv. Measure PM at (4) Method 5 of 40 (d) PM
the exhaust of CFR part 60, concentration
the stationary appendix A. must be at 15
internal percent O2, dry
combustion engine. basis. Results of
this test consist
of the average of
the three 1-hour
or longer runs.
----------------------------------------------------------------------------------------------------------------
Table 8 to Subpart IIII of Part 60.--Applicability of General Provisions to Subpart IIII
[As stated in Sec. 60.4218, you must comply with the following applicable General Provisions:]
----------------------------------------------------------------------------------------------------------------
General Provisions citation Subject of citation Applies to subpart Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 60.1....................... General applicability of Yes..................
the General Provisions.
Sec. 60.2....................... Definitions............... Yes.................. Additional terms defined
in Sec. 60.4219.
Sec. 60.3....................... Units and abbreviations... Yes..................
Sec. 60.4....................... Address................... Yes..................
Sec. 60.5....................... Determination of Yes..................
construction or
modification.
Sec. 60.6....................... Review of plans........... Yes..................
Sec. 60.7....................... Notification and Yes.................. Except that Sec. 60.7
Recordkeeping. only applies as
specified in Sec.
60.4214(a).
Sec. 60.8....................... Performance tests......... Yes.................. Except that Sec. 60.8
only applies to
stationary CI ICE with a
displacement of (>=30
liters per cylinder and
engines that are not
certified.
Sec. 60.9....................... Availability of Yes..................
information.
Sec. 60.10...................... State Authority........... Yes..................
Sec. 60.11...................... Compliance with standards No................... Requirements are
and maintenance specified in subpart
requirements. IIII.
Sec. 60.12...................... Circumvention............. Yes..................
[[Page 39184]]
Sec. 60.13...................... Monitoring requirements... Yes.................. Except that Sec. 60.13
only applies to
stationary CI ICE with a
displacement of (>=30
liters per cylinder.
Sec. 60.14...................... Modification.............. Yes..................
Sec. 60.15...................... Reconstruction............ Yes..................
Sec. 60.16...................... Priority list............. Yes..................
Sec. 60.17...................... Incorporations by Yes..................
reference.
Sec. 60.18...................... General control device No...................
requirements.
Sec. 60.19...................... General notification and Yes..................
reporting requirements.
----------------------------------------------------------------------------------------------------------------
PART 85--[AMENDED]
0
4. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
5. Section 85.2401 is amended by revising paragraphs (a)(6), (a)(11),
and (a)(12) and adding paragraph (a)(13) to read as follows:
Sec. 85.2401 To whom do these requirements apply?
(a) * * *
(6) Nonroad compression-ignition engines (See 40 CFR parts 89 and
1039);
* * * * *
(11) Heavy-duty highway gasoline vehicles (evaporative emissions
certification only) (See 40 CFR part 86);
(12) Large nonroad spark-ignition engines (engines >19 KW) (See 40
CFR part 1048); and
(13) Stationary internal combustion engines (See 40 CFR part 60,
subpart IIII).
* * * * *
0
6. Section 85.2403 is amended by revising the definition for ``Federal
certificate'' in paragraph (a), revising paragraphs (b)(8) and (b)(9),
and adding paragraphs (b)(10) and (b)(11) to read as follows:
Sec. 85.2403 What definitions apply to this subpart?
(a) * * *
* * * * *
Federal certificate is a Certificate of Conformity issued by EPA
which signifies compliance with emission requirements in any of the
parts specified in paragraph (b) of this section.
* * * * *
(b) * * *
(8) 40 CFR part 1039;
(9) 40 CFR part 1048;
(10) 40 CFR part 1051; and
(11) 40 CFR part 60, subpart IIII.
0
7. Section 85.2405 is amended by adding paragraph (e) to read as
follows:
Sec. 85.2405 How much are the fees?
* * * * *
(e) Fees for stationary CI internal combustion engine certificate
requests shall be calculated in the same manner as for NR CI
certificate requests for engines with a displacement less than 10
liters per cylinder, and in the same manner as for marine engine
certificate requests for engines with a displacement greater than or
equal to 10 liters per cylinder. Fees for certificate requests where
the certificate would apply to stationary and mobile engines shall be
calculated in the same manner as fees for the certificate requests for
the applicable mobile source engines.
PART 89--[AMENDED]
0
8. The authority citation for part 89 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
9. Section 89.1 is amended by adding paragraph (d) to read as follows:
Sec. 89.1 Applicability.
* * * * *
(d) This part applies as specified in 40 CFR part 60 subpart IIII,
to compression-ignition engines subject to the standards of 40 CFR part
60, subpart IIII.
0
10. Section 89.115 is amended by adding paragraph (d)(11) to read as
follows:
Sec. 89.115 Application for certificate.
* * * * *
(d) * * *
(11) A statement indicating whether the engine family contains only
nonroad engines, only stationary engines, or both.
0
11. Section 89.201 is revised to read as follows:
Sec. 89.201 Applicability.
Nonroad compression-ignition engines subject to the provisions of
subpart A of this part are eligible to participate in the averaging,
banking, and trading program described in this subpart. To the extent
specified in 40 CFR part 60, subpart IIII, stationary engines certified
under this part and subject to the standards of 40 CFR part 60, subpart
IIII, may participate in the averaging, banking, and trading program
described in this subpart.
PART 94--[AMENDED]
0
12. The authority citation for part 94 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
13. Section 94.1 is amended by adding paragraph (d) to read as follows:
Sec. 94.1 Applicability.
* * * * *
(d) This part applies as specified in 40 CFR part 60, subpart IIII,
to compression-ignition engines subject to the standards of 40 CFR part
60, subpart IIII.
0
14. Section 94.301 is revised to read as follows:
Sec. 94.301 Applicability.
Marine engine families subject to the standards of subpart A of
this part are eligible to participate in the certification averaging,
banking, and trading program described in this subpart. The provisions
of this subpart apply to manufacturers of new engines that are subject
to the emission standards of Sec. 94.8. To the extent specified in 40
CFR part 60, subpart IIII, stationary engines certified under this part
and subject to the standards of 40 CFR part 60, subpart IIII, may
participate in the averaging, banking, and trading program described in
this subpart.
PART 1039--[AMENDED]
0
15. The authority citation for part 1039 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
16. Section 1039.1 is amended by revising paragraph (c) to read as
follows:
[[Page 39185]]
Sec. 1039.1 Does this part apply for my engines?
* * * * *
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines may be
required by subpart IIII of 40 CFR part 60 to comply with some of the
provisions of this part 1039; otherwise, these engines are only
required to comply with the requirements in Sec. 1039.20. In addition,
the prohibitions in 40 CFR 1068.101 restrict the use of stationary
engines for nonstationary purposes unless they are certified under this
part 1039, or under the provisions of 40 CFR part 89 or 40 CFR part 94,
to the same standards that would apply to nonroad engines for the same
model year.
* * * * *
0
17. Section 1039.20 is amended by revising paragraphs (a) and (b) and
adding paragraph (c) to read as follows:
Sec. 1039.20 What requirements from this part apply to excluded
stationary engines?
* * * * *
(a) You must add a permanent label or tag to each new engine you
produce or import that is excluded under Sec. 1039.1(c) as a
stationary engine and is not required by 40 CFR part 60, subpart IIII,
to meet the requirements of this part 1039, or the requirements of
parts 89 or 94, that are equivalent to the requirements applicable to
nonroad or marine engines for the same model year. To meet labeling
requirements, you must do the following things:
(1) Attach the label or tag in one piece so no one can remove it
without destroying or defacing it.
(2) Secure it to a part of the engine needed for normal operation
and not normally requiring replacement.
(3) Make sure it is durable and readable for the engine's entire
life.
(4) Write it in English.
(5) Follow the requirements in Sec. 1039.135(g) regarding
duplicate labels if the engine label is obscured in the final
installation.
(b) Engine labels or tags required under this section must have the
following information:
(1) Include the heading ``EMISSION CONTROL INFORMATION.''
(2) Include your full corporate name and trademark. You may instead
include the fill corporate name and trademark of another company you
choose to designate.
(3) State the engine displacement (in liters) and maximum engine
power (or in the case of fire pumps, NFPA nameplate engine power).
(4) State: ``THIS ENGINE IS EXEMPTED FROM THE REQUIREMENTS OF 40
CFR PARTS 89 AND 1039 AS A ``STATIONARY ENGINE.'' INSTALLING OR USING
THIS ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.''
(c) Stationary engines required by 40 CFR part 60, subpart IIII, to
meet the requirements of this part 1039, or parts 89 or 94, must meet
the labeling requirements of 40 CFR 60.4210.
0
18. Section 1039.205 is amended by revising paragraph (v) to read as
follows:
Sec. 1039.205 What must I include in my application?
* * * * *
(v) State whether your certification is intended to include engines
used in stationary applications. State whether your certification is
limited for certain engines. If this is the case, describe how you will
prevent use of these engines in applications for which they are not
certified. This applies for engines such as the following:
(1) Constant-speed engines.
(2) Engines used for transportation refrigeration units that you
certify under the provisions of Sec. 1039.645.
(3) Hand-startable engines certified under the provisions of Sec.
1039.101(c).
(4) Engines above 560 KW that are not certified to emission
standards for generator-set engines.
* * * * *
0
19. Section 1039.705 is amended by revising paragraph (c) to read as
follows:
Sec. 1039.705 How do I generate and calculate emission credits?
* * * * *
(c) In your application for certification, base your showing of
compliance on projected production volumes for engines whose point of
first retail sale is in the United States. As described in Sec.
1039.730, compliance with the requirements of this subpart is
determined at the end of the model year based on actual production
volumes for engines whose point of first retail sale is in the United
States. Do not include any of the following engines to calculate
emission credits:
(1) Engines exempted under subpart G of this part or under 40 CFR
part 1068.
(2) Exported engines.
(3) Engines not subject to the requirements of this part, such as
those excluded under Sec. 1039.5.
(4) Engines in families that include only stationary engines,
except for engines in families certified to standards that are
identical to standards applicable under this part 1039 to nonroad
engines of the same type for the same model year.
(5) Any other engines, where we indicate elsewhere in this part
1039 that they are not to be included in the calculations of this
subpart.
PART 1065--[AMENDED]
0
20. The authority citation for part 1065 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
21. Section 1065.1 is amended by adding paragraph (a)(5) to read as
follows:
Sec. 1065.1 Applicability.
(a) * * *
(5) Stationary compression-ignition engines certified using the
provisions of 40 CFR part 1039, as indicated under 40 CFR part 60,
subpart IIII, the standard-setting part for these engines.
* * * * *
PART 1068--[AMENDED]
0
22. The authority citation for part 1068 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
23. Section 1068.1 is amended by adding paragraph (a)(4) to read as
follows:
Sec. 1068.1 Does this part apply to me?
(a) * * *
(4) Stationary compression-ignition engines certified to the
provisions of 40 CFR part 1039, as indicated under 40 CFR part 60,
subpart IIII.
* * * * *
0
24. Section 1068.310 is amended by revising paragraph (b) to read as
follows:
Sec. 1068.310 What are the exclusions for imported engines?
* * * * *
(b) Stationary engines. The definition of nonroad engine in 40 CFR
1068.30 does not include certain engines used in stationary
applications. Such engines may be subject to the standards of 40 CFR
part 60. Engines that are excluded from the definition of nonroad
engine in this part and not required to be certified to standards under
40 CFR part 60 are not subject to the restrictions on imports in Sec.
1068.301(b), but only if they are properly labeled. Section 1068.101
restricts the use of stationary engines for non-stationary purposes
unless they are certified under 40 CFR Part 60 to the same standards
that would apply to nonroad engines for the same model year.
* * * * *
[FR Doc. 06-5968 Filed 7-10-06; 8:45 am]
BILLING CODE 6560-50-P