[Federal Register: January 18, 2008 (Volume 73, Number 13)] [Rules and Regulations] [Page 3567-3614] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr18ja08-10] [[Page 3567]] ----------------------------------------------------------------------- Part III Environmental Protection Agency ----------------------------------------------------------------------- 40 CFR Parts 60, 63, 85 et al. ----------------------------------------------------------------------- Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; Final Rule [[Page 3568]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60, 63, 85, 90, 1048, 1065 and 1068 [EPA-HQ-OAR-2005-0030, FRL-8512-4] RIN 2060-AM81 Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: EPA is promulgating new source standards of performance for stationary spark ignition internal combustion engines. EPA is also promulgating national emission standards for hazardous air pollutants for new and reconstructed stationary reciprocating internal combustion engines that either are located at area sources of hazardous air pollutant emissions or that have a site rating of less than or equal to 500 brake horsepower and are located at major sources of hazardous air pollutant emissions. DATES: This final rule is effective on March 18, 2008. The incorporation by reference of certain publications listed in the final rule is approved by the Director of the Federal Register as of March 18, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2005-0030. EPA also relies on materials in Docket ID No. EPA-HQ-OAR-2005-0029 and incorporates that docket into the record for the final rule. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, 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 http://www.regulations.gov or in hard copy at the EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation will be 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. The telephone number for the Public Reading Room is (202) 566- 1744, and the telephone number for the Air and Radiation Docket and Information Center is (202) 566-1742. FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pag[aacute]n, Energy Strategies Group, Sector Policies and Programs Division (D243-01), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number (919) 541-5340; facsimile number (919) 541- 5450; e-mail address pagan.jaime@epa.gov. SUPPLEMENTARY INFORMATION: Background Information Document. EPA proposed new source performance standards (NSPS) for stationary spark ignition internal combustion engines, and national emission standards for hazardous air pollutants (NESHAP) for stationary reciprocating internal combustion engines that either are located at area sources of hazardous air pollutant emissions or that have a site rating of less than or equal to 500 brake horsepower and are located at major sources of hazardous air pollutant emissions, on June 12, 2006 (71 FR 33803), and received 46 comment letters on the proposal. A background information document BID) (``Response to Public Comments on Proposed Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating 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-2005-0030. Organization of This Document. The following outline is provided to aid in locating information in the preamble. I. General Information A. Does this action apply to me? B. Where can I get a copy of this document? C. Judicial Review D. Why is EPA not promulgating a final decision on existing stationary reciprocating internal combustion engines? II. Background III. 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 are the final standards? D. What are the requirements for sources that are modified or reconstructed? E. What are the requirements for demonstrating compliance? F. What are the reporting and recordkeeping requirements? IV. Summary of Significant Changes Since Proposal A. Compliance Dates B. Distinguishing Sources Based on Size C. Hydrocarbon Limit D. Alternative Limits in Concentration Units E. Emergency Engine Standards F. Emergency Engine Definition G. Manufacturer O&M Requirements H. Streamlined Compliance Requirements V. Summary of Responses to Major Comments A. Compliance Dates B. Final Hydrocarbon Emission Limits C. Emergency Engine Standards D. Emergency Engine Definition E. Manufacturer O&M Requirements F. Streamlined Compliance Requirements VI. Summary of Environmental, Energy and Economic Impacts A. What are the air quality impacts? B. What are the cost impacts? C. What are the benefit estimates? D. What are the economic impacts? E. What are the non-air health, environmental and energy impacts? VII. 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. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations. K. Congressional Review Act I. General Information A. Does this action apply to me? Categories and entities potentially regulated by this action include: [[Page 3569]] ---------------------------------------------------------------------------------------------------------------- Category NAICS \1\ Examples of regulated entities ---------------------------------------------------------------------------------------------------------------- Any manufacturer that produces or any 2211...................... Electric power generation, transmission, or industry using a stationary internal distribution. combustion engine as defined in the final rule. 622110.................... Medical and surgical hospitals. 335312.................... Motor and generator manufacturing. 333912.................... Pump and compressor manufacturing. 333992.................... Welding and soldering equipment manufacturing. 48621..................... Natural gas transmission. 211111.................... Crude petroleum and natural gas production. 211112.................... Natural gas liquids producers. 92811..................... National security. ---------------------------------------------------------------------------------------------------------------- \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 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. B. Where can I get a copy of this document? In addition to being available in the docket, an electronic copy of this final action will also be available on the Worldwide Web (WWW) through the Technology Transfer Network (TTN). Following signature, a copy of this final action will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at the following address: http://www.epa.gov/ttn/oarpg/. The TTN provides information and technology exchange in various areas of air pollution control. C. Judicial Review Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of these final rules is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by September 14, 2007. Under section 307(d)(7)(B) of the CAA, only an objection to these final rules that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Moreover, under section 307(b)(2) of the CAA, the requirements established by these final rules may not be challenged separately in any civil or criminal proceedings brought by EPA to enforce these requirements. D. Why is EPA not promulgating a final decision for existing stationary reciprocating internal combustion engines? In the notice of proposed rulemaking for this rule, published on April 12, 2006, EPA proposed maximum achievable control technology (MACT) and generally available control technology (GACT) standards of no emission reductions for existing engines. During the comment period following the proposal, EPA received several comments indicating that the proposed emission standards for existing engines were not appropriate. In addition, since the publication of the proposed rulemaking, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling on March 13, 2007 involving litigation on the Brick MACT, which set emission standards for major sources. (40 CFR part 63, subpart JJJJJ) that appears to impact EPA's ability to finalize its proposed ``no reduction'' MACT standards for existing sources. Sierra Club v. EPA, 479 F.3d 875 (DC Cir 2007). Among other things, the D.C. Circuit found unlawful EPA's no emission reduction control floors, which EPA established for categories in which the best performers used no emission reduction control technology. Because in the proposed rule EPA used a MACT floor methodology similar to the methodology used in the Brick MACT, EPA intends to re-evaluate the MACT floors for existing major sources that have a site rating of less than or equal to 500 brake horsepower consistent with the Court's decision in the Brick MACT case. EPA also intends to re-evaluate the standards for existing area sources in light of the comments received on the proposed rule. For these reasons, this final rule does not promulgate any standards with regards to existing engines. EPA's plan is to engage in a separate rulemaking process that will focus on existing sources. EPA intends to gather further information on existing engines and then promulgate standards that will take into account the comments it has received, the intervening court decision, and any new information EPA receives as a part of the rulemaking process. EPA expects to propose standards early in 2009. II. Background This action promulgates new source performance standards (NSPS) that would apply to new, modified and reconstructed stationary spark ignition (SI) internal combustion engines (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. The NSPS for stationary SI ICE is promulgated under 40 CFR part 60, subpart JJJJ. This action also promulgates national emission standards for hazardous air pollutants (NESHAP) from new and reconstructed stationary reciprocating internal combustion engines (RICE) with a site rating of less than or equal to 500 horsepower (HP) located at major sources, and new and reconstructed [[Page 3570]] stationary RICE located at area sources. The NESHAP are promulgated under 40 CFR part 63, subpart ZZZZ. III. Summary of the Final Rule A. What is the source category regulated by the final rule? The final NSPS apply to new stationary SI 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, 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. The final NESHAP apply only to stationary RICE. To our knowledge, no rotary or other types of stationary ICE exist at this time. The SI NSPS address emissions from new, modified and reconstructed stationary SI engines. An SI engine is either a gasoline-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 compression ignition 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 considered SI engines for purposes of the final rule. The final NESHAP address emissions from new and reconstructed stationary engines less than or equal to 500 HP located at major sources and all new and reconstructed stationary engines located at area sources. A major source of HAP emissions is a plant site that emits or has the potential to emit any single hazardous air pollutant (HAP) at a rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year, except that for oil and gas production facilities, a major source of HAP emissions is determined for each surface site. An area source of HAP emissions is a source that is not a major source. If you are an owner or operator of an area source subject to the final rule, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 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 the final rule. 1. SI NSPS New source performance standards for stationary SI engines are issued under section 111(b) of the CAA. All new, modified and reconstructed stationary SI engines are covered regardless of size. The NSPS apply to stationary SI engines combusting any fuel (natural gas, gasoline, liquefied petroleum gas (LPG), compressed natural gas, landfill gas, digester gas, and any other applicable fuel). New source performance standards 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. Under section 111 of the CAA, 42 U.S.C. 7411, the Administrator is required to publish, and periodically update, a list of source categories that in his or her judgment cause, or contribute significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare. This list appears in 40 CFR 60.16. The list reflects the Administrator's determination that emissions from the listed source categories contribute significantly to air pollution that may reasonably be anticipated to endanger public health or welfare, and it is intended to identify major source categories for which standards of performance are to be promulgated. EPA has determined that for purposes of NSPS regulations, the stationary internal combustion engine source category should be split into two source categories--SI engines and compression ignition (CI) engines. Final NSPS for stationary CI engines were published on July 11, 2006 (71 FR 39154). 2. NESHAP The NESHAP portion of this action is a revision to the regulations in 40 CFR part 63, subpart ZZZZ, currently applicable to stationary RICE greater than 500 HP located at major sources, which were promulgated in 2004. When the subpart ZZZZ of 40 CFR part 63 regulations were promulgated in 2004 (69 FR 33474), EPA deferred promulgating regulations with respect to stationary engines 500 HP or less at major sources until further information on the engines could be obtained and analyzed. It was decided to regulate these smaller engines at the same time as EPA regulates engines located at area sources. This action revises 40 CFR part 63, subpart ZZZZ, in order to address HAP emissions from new and reconstructed stationary RICE less than or equal to 500 HP located at major sources and new and reconstructed stationary RICE located at area sources. For stationary engines less than or equal to 500 HP at major sources, EPA must determine what is the appropriate MACT for those engines under section 112(d)(3) of the CAA. For stationary engines located at area sources, EPA has the flexibility to promulgate standards based on GACT under CAA section 112(d)(5). EPA listed stationary RICE located at area sources under sections 112(c)(3) and 112(k) of the CAA, and consistent with section 112(c)(3) is establishing standards for the source category in this final rule. The criteria relevant to EPA's listing of this area source category is set forth in the Urban Air Toxics Strategy described in the paragraph below. On July 19, 1999, EPA announced in the Federal Register its plan for addressing exposure to air toxics in urban areas. The strategy addressed sections 112(c)(3) and 112(k)(3)(B)(ii) of the CAA that instruct EPA to identify not less than 30 HAP which, as the result of emissions from area sources, present the greatest threat to public health in the largest number of urban areas, and to list sufficient area source categories or subcategories to ensure that emissions representing 90 percent of the 30 listed HAP are subject to regulation. The strategy included a list of 30 HAP judged to pose the greatest potential threat to public health in the largest number of urban areas (the urban HAP). In the strategy, EPA also listed the area source categories that account for 90 percent of the urban HAP emissions. EPA listed the stationary internal combustion engine source category under section 112(c)(3) and (k) for the following urban HAP: 7 PAH, acetaldehyde, arsenic, benzene, beryllium compounds, cadmium compounds and formaldehyde. Pursuant to section 112(c), the listed area source categories shall be subject to standards under section 112(d) of the CAA. 3. Differentiation by Fuel Type The final rule differentiates between gasoline, LPG, natural gas, and digester and landfill gas. Gasoline and LPG are fuels more commonly used in nonroad engines than stationary engines. Nonroad SI engines less than or equal to 19 kilowatt (KW) (25 HP) typically use gasoline. It is estimated that about 68 percent of SI nonroad engines above 19 KW (25 HP) use LPG. A smaller [[Page 3571]] percentage of nonroad SI engines above 19 KW (25 HP) use gasoline (about 23 percent) and even less use compressed natural gas (about 9 percent). Natural gas fuel is more common in larger, stationary applications. Natural gas engines refer to all gaseous-fueled engines except those fueled by landfill and digester gas. Natural gas is primarily composed of methane and typically contains very low levels of sulfur. Other fuels used with stationary SI engines are landfill and digester gases. These gases are by-products of wastewater treatment and land application of municipal reuse. Landfill and digester gases, which are formed through anaerobic decomposition of organic materials, are principally comprised of methane and carbon dioxide, but small quantities of other compounds such as hydrogen sulfide, ammonia, volatile organic compounds, and particulate matter (PM) may also be present. Although similar in composition to natural gas, there are some differences in the emissions from combustion of landfill and digester gases due to e.g., chlorinated compounds are typically not found in natural gas. Both landfill and digester gases contain a family of silicon-based gases collectively called siloxanes. Combustion of siloxanes forms compounds that have been known to foul fuel systems, combustion chambers, and post-combustion catalysts. B. What are the pollutants regulated by the final rule? The pollutants to be regulated by the final NSPS for stationary SI engines are nitrogen oxides (NOX), carbon monoxide (CO), and volatile organic compounds (VOC). In addition, a sulfur limit on gasoline is being finalized. The final NESHAP regulate HAP (for areas sources, the NESHAP regulates the seven urban HAP listed above) through formaldehyde, CO, or VOC which EPA has established are appropriate surrogates for HAP emissions from certain engine types. C. What are the final standards? A description of the final standards is provided in the following sections. 1. SI NSPS a. Stationary SI Engines < =19 KW (25 HP). The final standards affect manufacturers, owners, and operators of stationary SI engines. Engine manufacturers must certify their stationary SI engines with a maximum engine power less than or equal to 19 KW (25 HP) that are manufactured after July 1, 2008, to the certification emission standards for new nonroad SI engines in 40 CFR part 90, as applicable. The standards applicable to these engines are summarized in Table 1 of this preamble. Table 1.--NOX, HC, NMHC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Stationary SI Engines < =19 KW (25 HP) ---------------------------------------------------------------------------------------------------------------- Emission standards in g/KW-hr (g/HP-hr) b Engine class a ----------------------------------------------- HC+NOX NMHC+NOX c CO ---------------------------------------------------------------------------------------------------------------- I............................................................... 16.1 14.8 610 (12.0) (11.0) (455) I-A............................................................. 50 .............. 37 .............. I-B............................................................. 40 37 (30) (27.6) II.............................................................. 12.1 11.3 (9.0) (8.4) ---------------------------------------------------------------------------------------------------------------- a Class I-A: Engines with displacement less than 66 cubic centimeters (cc); Class I-B: Engines with displacement greater than or equal to 66 cc and less than 100 cc; Class I: Engines with displacement greater than or equal to 100 cc and less than 225 cc; Class II: Engines with displacement greater than or equal to 225 cc. b Modified and reconstructed engines manufactured prior to July 1, 2008, must meet the standards applicable to engines manufactured after July 1, 2008. c NMHC+NOX standards are applicable only to natural gas fueled engines at the option of the manufacturer, in lieu of HC+NOX standards. b. Stationary Non-Emergency SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG Engines >19 KW (25 HP). Engine manufacturers must certify their stationary non-emergency SI engines with a maximum engine power greater than 19 KW (25 HP) and less than 500 HP that use gasoline or rich burn engines greater than 19 KW (25 HP) and less than 500 HP that use LPG that are manufactured after July 1, 2008, to the certification emission standards for new nonroad SI engines in 40 CFR part 1048, as applicable. Engine manufacturers must certify their stationary non- emergency SI engines with a maximum engine power greater than or equal to 500 HP that use gasoline or rich burn engines greater than or equal to 500 HP that use LPG that are manufactured after July 1, 2007, to the certification emission standards for new nonroad SI engines in 40 CFR part 1048. The standards applicable to manufacturers of non-emergency engines greater than 19 KW (25 HP) that are gasoline or rich burn engines that use LPG are summarized in Table 2 of this preamble. Table 2.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Manufacturers of Stationary Non-Emergency SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG Engines >19 KW (25 HP) ---------------------------------------------------------------------------------------------------------------- Emission requirement in g/KW-hr (g/HP-hr) a, b Maximum engine power Manufacture date --------------------------------- HC+NOX CO ---------------------------------------------------------------------------------------------------------------- 25< HP< 500 c.................................. July 1, 2008................... 2.7 4.4 (2.0) (3.3) July 1, 2008................... 2.7 130.0 (severe duty e)................ (2.0) (97.0) [[Page 3572]] HP>=500 d.................................... July 1, 2007................... 2.7 4.4 (2.0) (3.3) July 1, 2007................... 2.7 130.0 (severe duty e)................ (2.0) (97.0) ---------------------------------------------------------------------------------------------------------------- a You may optionally certify your engines according to the following formula instead of the standards in Table 2 of this preamble: (HC+NOX) CO0.784< =8.57. The HC+NOX and CO emission levels you select to satisfy this formula, rounded to the nearest 0.1 g/KW-hr, become the emission standards that apply for those engines. You may not select an HC+NOX emission standard higher than 2.7 g/KW-hr or a CO emission standard higher than 20.6 g/KW-hr. b Provisions in 40 CFR part 1048 allow engines with a maximum engine power at or below 30 KW (40 HP) with a total displacement at or below 1,000 cubic centimeters (cc) to comply with the requirements of 40 CFR part 90. c Modified and reconstructed engines between 25 and 500 HP manufactured prior to July 1, 2008, must meet the standards applicable to engines manufactured after July 1, 2008. d Modified and reconstructed engines greater than or equal to 500 HP manufactured prior to July 1, 2007, must meet the standards applicable to engines manufactured after July 1, 2007. e Severe-duty engines are engines used in, for example, concrete saws, concrete pumps, and similar severe applications where air-cooled engines must be used. There are expected to be very few, if any, severe-duty stationary engines. In addition to the emission standards shown in Table 2 of this preamble, there are separate field testing standards required under 40 CFR part 1048 that are part of the certification requirements for engine manufacturers. c. Stationary Non-Emergency SI Natural Gas Engines 19< KW< 75 (25< HP< 100) and Lean Burn LPG Engines 19< KW< 75 (25< HP< 100). Engine manufacturers have the option to certify their stationary non-emergency SI natural gas engines between 25 HP and 100 HP and lean burn LPG engines between 25 HP and 100 HP to the certification emission standards in 40 CFR part 1048, as shown in Table 2 of this preamble. However, the certification is only voluntary, and it is up to the manufacturer to decide if it believes certification is feasible and beneficial. Engine manufacturers may certify engines between 19 and 30 KW (25 and 40 HP) with a displacement of 1,000 cc or less to the provisions of 40 CFR part 90 (shown in Table 1 of this preamble), which is consistent with similar provisions applicable to nonroad engines in this displacement and size category. In addition, for engines manufactured prior to January 1, 2011, manufacturers may alternatively certify to the standards summarized in Table 4 of this preamble applicable to engines greater than or equal to 100 HP and less than 500 HP. Owners and operators who purchase stationary SI engines with a maximum engine power between 19 and 75 KW (25 and 100 HP) that are natural gas engines or lean burn engines using LPG that are manufactured after July 1, 2008, must meet the NOX, HC, and CO emission standards in 40 CFR 1048.101(c), as summarized in Table 3 of this preamble. Table 3.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Owners/Operators of Stationary Non- Emergency SI Natural Gas Engines 19< KW< 75 (25< HP< 100) and Lean Burn LPG Engines 19< KW< 75 (25< HP< 100) ---------------------------------------------------------------------------------------------------------------- Emission requirement in g/KW-hr (g/HP-hr) \a, b\ Maximum engine power Manufacture date --------------------------------- HC+NOX CO ---------------------------------------------------------------------------------------------------------------- 25< HP< 100 \c\................................ July 1, 2008................... 3.8 6.5 (2.8) (4.8) July 1, 2008................... 3.8 200.0 (severe duty).................. (2.8) (149.2) ---------------------------------------------------------------------------------------------------------------- \a\ You may apply the following formula to determine alternate emission standards that apply to your engines instead of the standards in paragraph in Table 3 of this preamble: (HC+NOX)xCO\0.791\< =16.78. HC+NOX emission levels may not exceed 3.8 g/kW-hr and CO emission levels may not exceed 31.0 g/kW-hr. \b\ For natural gas fueled engines, you are not required to measure non-methane hydrocarbon emissions or total hydrocarbon emissions for testing to show that the engine meets the emission standards of Table 3 of this preamble; that is, you may assume HC emissions are equal to zero. \c\ Modified and reconstructed engines between 25 and 100 HP manufactured prior to July 1, 2008, must meet the standards applicable to engines manufactured after July 1, 2008. d. Stationary Non-Emergency SI Natural Gas Engines >=100 HP and Lean Burn LPG Engines >=100 HP. Owners and operators who purchase stationary SI engines with a maximum engine power between 100 HP and 500 HP that are natural gas engines or lean burn engines using LPG that are manufactured between July 1, 2008 and January 1, 2011, must limit their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr. Owners and operators may as an alternative limit their exhaust emissions of NOX to 160 parts per million by volume, dry basis (ppmvd) at 15 percent oxygen (O2), emissions of CO to 540 ppmvd at 15 percent O2, and emissions of VOC to 86 ppmvd at 15 percent O2 instead of the g/HP-hr limits. [[Page 3573]] Stationary SI engines with a maximum engine power between 100 HP and 500 HP that are natural gas engines or lean burn engines using LPG that are manufactured after January 1, 2011, must limit their exhaust emissions of NOX to 1.0 g/HP-hr, emissions of CO to 2.0 g/ HP-hr, and emissions of VOC to 0.7 g/HP-hr. Again, owners and operators may as an alternative limit their exhaust emissions of NOX to 82 ppmvd at 15 percent O2, emissions of CO to 270 ppmvd at 15 percent O2, and emissions of VOC to 60 ppmvd at 15 percent O2 instead of the g/HP-hr limits. Owners and operators who purchase stationary SI engines with a maximum engine power greater than or equal to 500 HP that are natural gas engines or lean burn engines using LPG that are manufactured after July 1, 2007, must limit their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr, except that these standards apply to lean burn engines between 500 and 1,350 HP manufactured after January 1, 2008. Instead of complying with limits in terms of g/HP-hr, owners and operators may limit their exhaust emissions of NOX to 160 ppmvd at 15 percent O2, emissions of CO to 540 ppmvd at 15 percent O2, and emissions of VOC to 86 ppmvd at 15 percent O2. Stationary SI engines with a maximum engine power greater than or equal to 500 HP that are natural gas engines or lean burn engines using LPG that are manufactured after July 1, 2010, must limit their exhaust emissions of NOX to 1.0 g/HP-hr, emissions of CO to 2.0 g/ HP-hr, and emissions of VOC to 0.7 g/HP-hr. Instead of complying with limits in terms of g/HP-hr, owners and operators may limit their exhaust emissions of NOX to 82 ppmvd at 15 percent O2, emissions of CO to 270 ppmvd at 15 percent O2, and emissions of VOC to 60 ppmvd at 15 percent O2. Engine manufacturers may voluntarily certify their stationary non- emergency SI natural gas engines greater than or equal to 100 HP and lean burn LPG engines greater than or equal to 100 HP, but the certification is not required by the rule. Additionally, for natural gas engines below 500 HP manufactured prior to January 1, 2011, and natural gas engines greater than or equal to 500 HP manufactured prior to July 1, 2010, engine manufacturers may choose to certify their engines to the standards for non-severe duty engines in 40 CFR part 1048 (see Table 2 of this preamble). A summary of the emission standards that apply to stationary non- emergency SI natural gas engines greater than or equal to 100 HP and lean burn LPG engines greater than or equal to 100 HP are shown in Table 4 of this preamble. For lean burn LPG engines greater than or equal to 100 HP, manufacturers may certify these engines to the certification emission standards in 40 CFR part 1048 instead of the emission standards shown in Table 4 of this preamble. Table 4.--NOX, CO, and VOC Emission Standards for Stationary SI Engines >=100 HP (Except Gasoline and Rich Burn LPG), Stationary SI Landfill/Digester Gas Engines, and Stationary Emergency Engines >25 HP ---------------------------------------------------------------------------------------------------------------- Emission standards \a\ ----------------------------------------------- Engine type and fuel Maximum engine Manufacture g/HP-hr ppmvd at 15% O2 power date ----------------------------------------------- NOX CO VOC NOX CO VOC ---------------------------------------------------------------------------------------------------------------- Non-Emergency SI Natural Gas 100< =HP< 500....... 7/1/2008 2.0 4.0 1.0 160 540 86 and Non-Emergency SI Lean Burn LPG. 1/1/2011 1.0 2.0 0.7 82 270 60 Non-Emergency SI Lean Burn 500>=HP<1,350..... 1/1/2008 2.0 4.0 1.0 160 540 86 Natural Gas and LPG. 7/1/2010 1.0 2.0 0.7 82 270 60 Non-Emergency SI Natural Gas HP>=500........... 7/1/2007 2.0 4.0 1.0 160 540 86 and Non-Emergency SI Lean Burn LPG (except lean burn 500>=HP<1,350). HP>=500........... 7/1/2010 1.0 2.0 0.7 82 270 60 Landfill/Digester Gas (except HP< 500............ 7/1/2008 3.0 5.0 1.0 220 610 80 lean burn 500>=HP<1,350). 1/1/2011 2.0 5.0 1.0 150 610 80 HP>=500........... 7/1/2007 3.0 5.0 1.0 220 610 80 7/1/2010 2.0 5.0 1.0 150 610 80 Landfill/Digester Gas lean burn 500>=HP<1,350..... 1/1/2008 3.0 5.0 1.0 220 610 80 7/1/2010 2.0 5.0 1.0 150 610 80 Emergency...................... 25>HP<130......... 1/1/2009 \b\ 10 387 N/A N/A N/A N/A HP>=130........... ........... 2.0 4.0 1.0 160 540 86 ---------------------------------------------------------------------------------------------------------------- \a\ Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either g/HP-hr or ppmvd at 15 percent O2. \b\ The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX+HC. e. Stationary SI Landfill/Digester Gas Engines. Owners and operators who purchase stationary landfill or digester SI engines that are manufactured after July 1, 2007, that are greater than or equal to 500 HP must limit their exhaust emissions of NOX to 3.0 g/ HP-hr, emissions of CO to 5.0 g/HP-hr, and emissions of VOC to 1.0 g/ HP-hr, except that these standards apply to lean burn engines between 500 and 1,350 HP manufactured after January 1, 2008. Instead of complying with limits in terms of g/HP-hr, owners and operators may limit their exhaust emissions of NOX to 220 ppmvd at 15 percent O2, emissions of CO to 610 ppmvd at 15 percent O2, and emissions of VOC to 80 ppmvd at 15 percent O2. Stationary landfill and digester gas SI engines greater than or equal to 500 HP that are manufactured after July 1, 2010, must limit their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of CO to 5.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr. Instead of complying with limits in terms of g/HP-hr, owners and operators may limit their exhaust emissions of NOX to 150 ppmvd at 15 percent O2, emissions of CO to 610 ppmvd at 15 percent O2, and emissions of VOC to 80 ppmvd at 15 percent O2. [[Page 3574]] Stationary SI engines that use landfill or digester gas that are less than 500 HP are given an extra 12 months to comply with the standards. The first stage of limits of 3.0, 5.0, and 1.0 g/HP-hr, for NOX, CO, and VOC, respectively (or 220, 610, and 80 ppmvd at 15 percent O2), applies to landfill and digester gas engines manufactured after July 1, 2008. The second stage of limits of 2.0, 5.0, and 1.0 g/HP-hr, for NOX, CO, and VOC, respectively (or 150, 610, and 80 ppmvd at 15 percent O2), applies to landfill and digester gas engines manufactured after January 1, 2011. The emission standards applicable to stationary SI landfill and digester gas engines are shown in Table 4 of this preamble. Engine manufacturers may voluntarily certify their stationary SI landfill and digester gas engines to the emission standards in Table 4 of this preamble, but the certification is not required by the final rule. f. Stationary Emergency SI Engines >19 KW (25 HP). For stationary SI engines greater than 25 HP that are emergency engines, the final rule sets a single stage of emission limits; however, EPA has determined that it is appropriate to have separate standards for stationary emergency engines above and below 130 HP. Owners and operators who purchase stationary emergency engines greater than 25 HP and less than 130 HP that are manufactured after January 1, 2009, must limit their exhaust emissions of HC+NOX to 10.0 g/HP-hr and emissions of CO to 387 g/HP-hr. These standards are consistent with the Phase I emission standards for Class II nonroad engines in 40 CFR part 90. Owners and operators who purchase stationary emergency engines greater than or equal to 130 HP that are manufactured after January 1, 2009, must limit their exhaust emissions of NOX to 2.0 g/HP- hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP- hr. Instead of complying with limits in terms of g/HP-hr, owners and operators may limit the exhaust emissions from their emergency engines to 160 ppmvd of NOX at 15 percent O2, 540 ppmvd of CO at 15 percent O2, and 86 ppmvd of VOC at 15 percent O2. Engine manufacturers may voluntarily certify their stationary emergency SI engines greater than 25 HP, but the certification is not required by the rule, except for manufacturers of gasoline or LPG rich burn emergency engines, who must certify their engines to the standards in 40 CFR part 90 (for engines below 130 HP) or 40 CFR part 1048 (for engines at or above 130 HP--see Table 2 of this preamble). g. Fuel Requirements. In addition to emission standards, the final rule requires that owners and operators who use gasoline in their stationary SI engine must use gasoline that meets the requirements of 40 CFR 80.195. The requirements include a gasoline sulfur per gallon cap of 80 parts per million (ppm). 2. NESHAP a. Engines < =500 HP at Major Sources. Owners and operators of new and reconstructed stationary SI engines with a site rating of equal to or less than 500 HP located at a major source of HAP emissions (except new or reconstructed 4-stroke lean burn (4SLB) stationary RICE with a site rating of greater than or equal to 250 and less than or equal to 500 brake HP located at major source of HAP emissions), must meet the requirements of the final SI NSPS (40 CFR part 60, subpart JJJJ). Thus, if the owners and operators are in compliance with 40 CFR part 60, subpart JJJJ, they would also be in compliance with 40 CFR part 63, subpart ZZZZ, for engines equal to or less than 500 HP located at a major source (except for 4SLB engines greater than or equal to 250 and less than or equal to 500 brake HP located at a major source). The requirements that apply under 40 CFR part 60, subpart JJJJ, were discussed in the previous section of this preamble. Similarly, owners and operators of new and reconstructed stationary CI engines with a site rating of equal to or less than 500 HP located at a major source of HAP emissions must meet the requirements of the final CI NSPS (40 CFR part 60, subpart IIII). If the owners and operators are in compliance with 40 CFR part 60, subpart IIII, they would also be in compliance with 40 CFR part 63, subpart ZZZZ, for engines equal to or less than 500 HP located at a major source. Owners and operators of new or reconstructed 4SLB SI stationary engines with a site rating of greater than or equal to 250 and less than or equal to 500 brake HP located at a major source are required to either reduce CO emissions by 93 percent or more, or limit the concentration of formaldehyde in the stationary engine exhaust to 14 ppmvd or less, at 15 percent O2. These engines would also be required to meet the requirements in the final SI NSPS, but do not have to comply with the CO emission standards of the SI NSPS if in compliance with the NESHAP. b. Engines at Area Sources. Owners and operators of new and reconstructed stationary engines located at area sources of HAP emissions must meet the requirements of the final CI NSPS (40 CFR part 60, subpart IIII) or SI NSPS (40 CFR part 60, subpart JJJJ), as appropriate. If the owners and operators are in compliance with either 40 CFR part 60, subpart IIII or JJJJ, as appropriate, they would also be in compliance with 40 CFR part 63, subpart ZZZZ, for new and reconstructed engines located at an area source. D. What are the requirements for sources that are modified or reconstructed? 1. SI NSPS The final standards apply to stationary SI engines subject to the SI NSPS that are modified or reconstructed after June 12, 2006. The definitions for modification and reconstruction are given in 40 CFR 60.14 and 40 CFR 60.15, respectively. A stationary engine that is overhauled as part of a maintenance program is not considered a modification if there is no increase in emissions. Stationary SI ICE less than or equal to 19 KW (25 HP) manufactured prior to July 1, 2008, that are modified or reconstructed after June 12, 2006, are required to meet the standards that apply to engines manufactured after July 1, 2008 (January 1, 2009 for emergency engines). Stationary SI gasoline and rich burn LPG engines between 25 HP and 500 HP manufactured prior to July 1, 2008, that are modified or reconstructed after June 12, 2006, are required to meet the standards applicable to engines manufactured after July 1, 2008 (January 1, 2009 for emergency engines). Stationary SI natural gas and lean burn LPG engines greater than 25 HP and less than 100 HP manufactured prior to July 1, 2008, that are modified or reconstructed after June 12, 2006, are required to meet the NOX, HC, and CO emission standards in 40 CFR 1048.101(c), as summarized in Table 3 of this preamble. Stationary SI gasoline and rich burn LPG engines greater than or equal to 500 HP manufactured prior to July 1, 2007, that are modified or reconstructed after June 12, 2006, are required to meet the standards applicable to engines manufactured after July 1, 2007. Stationary SI natural gas and lean burn LPG engines greater than or equal to 100 HP and less than 500 HP manufactured prior to July 1, 2008, that are modified or reconstructed after June 12, 2006, are required to meet a NOX emission standard of 3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Instead of meeting emission standards in terms of [[Page 3575]] g/HP-hr, owners and operators may meet NOX, CO, and VOC emission standards of 250, 540, and 86 ppmvd at 15 percent O2, respectively. Stationary non-emergency SI natural gas and lean burn LPG engines greater than or equal to 500 HP manufactured prior to July 1, 2007, (or January 1, 2008, for lean burn natural gas engines greater than or equal to 500 HP and less than 1,350 HP) that are modified after June 12, 2006, are required to meet a NOX emission standard of 3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/ HP-hr. Again, instead of meeting emission standards in terms of g/HP- hr, owners and operators may meet NOX, CO, and VOC emission standards of 250, 540, and 86 ppmvd at 15 percent O2, respectively. Stationary SI landfill and digester gas engines less than 500 HP manufactured prior to July 1, 2008, that are modified or reconstructed after June 12, 2006, are required to meet a NOX emission standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Stationary SI landfill and digester gas engines greater than or equal to 500 HP manufactured prior to July 1, 2007, that are modified after June 12, 2006, are required to meet a NOX emission standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a VOC standard of 1.0 g/HP-hr. For all modified and reconstructed SI landfill and digester gas engines, instead of meeting emission standards in terms of g/HP-hr, owners and operators may meet NOX, CO, and VOC emission standards of 220, 610, and 80 ppmvd at 15 percent O2. Stationary SI emergency engines greater than or equal to 130 HP manufactured prior to January 1, 2009, that are modified or reconstructed after June 12, 2006, are required to meet a NOX emission standard of 3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Instead of meeting emission standards in terms of g/HP-hr, owners and operators may meet NOX, CO, and VOC emission standards of 250, 540, and 86 ppmvd at 15 percent O2. Stationary SI emergency engines between 25 HP and 130 HP manufactured prior to January 1, 2009, that are modified or reconstructed after June 12, 2006, are required to meet a HC+NOX emission standard of 10.0 g/HP-hr and a CO standard of 387 g/HP-hr. 2. NESHAP Similar concepts as those discussed above apply to engines subject to 40 CFR part 63 regulations; however, the concept of modification is not included in 40 CFR part 63. The final standards apply to stationary engines subject to the NESHAP that commence reconstruction on or after June 12, 2006, and the reconstruction criteria are provided in 40 CFR 63.2. E. What are the requirements for demonstrating compliance? The following sections describe the requirements for demonstrating compliance under the stationary SI NSPS and NESHAP. 1. SI NSPS Owners and operators subject to the emission standards specified in the final rule who use stationary SI engines with a maximum engine power of less than or equal to 19 KW (25 HP) or who use stationary SI engines with a maximum engine power greater than 19 KW (25 HP) and use gasoline or are rich burn engines greater than 19 KW (25 HP) using LPG must demonstrate compliance by using an engine certified to the emission standards specified in 40 CFR part 90 or 1048, as applicable. Owners and operators subject to the final rule who use stationary SI engines with a maximum engine power greater than 19 KW (25 HP) that use fuels other than gasoline and that are not rich burn engines greater than 19 KW (25 HP) that use LPG, must demonstrate compliance by either using an engine certified to the emission standards specified in Tables 3 or 4 of this preamble, as applicable, or by conducting an initial performance test (and potentially subsequent performance testing depending on the engine size) to demonstrate compliance with the emission standards. Owners and operators of all stationary engines subject to the requirements of the SI NSPS must keep records of maintenance conducted on the engine. Owners and operators of stationary non-certified engines, which include certified engines operating in a non-certified manner, must keep a maintenance plan. Owners and operators of certified engines may demonstrate compliance by operating and maintaining their stationary engine and aftertreatment control device (if any) according to the manufacturer's emission-related written instructions and do not have to conduct any performance testing. Owners and operators of certified engines who do not follow the manufacturer's emission-related operation and maintenance procedures will be considered non-certified engines and will be subject to performance testing. Certified engines operating in a non-certified manner that are less than 100 HP do not have to conduct performance testing to demonstrate compliance. Certified engines operating in a non-certified manner that are greater than or equal to 100 HP and less than or equal to 500 HP, however, must conduct an initial performance test within the first year of engine operation to demonstrate compliance with the emission standards. Finally, certified engines operating in a non-certified manner that are greater than 500 HP must conduct a performance test within the first year of operation and every 8,760 hours of operation or 3 years thereafter to demonstrate compliance. Owners and operators of engines that have never been certified that are greater than 25 HP and less than or equal to 500 HP must conduct an initial performance test to demonstrate compliance with the emission standards. As mentioned, all engines are subject to recordkeeping of maintenance, which includes these engines. Owners and operators of engines that have never been certified that are greater than 500 HP must conduct an initial performance test to demonstrate compliance and must test every 8,760 hours of operation or 3 years after that. Manufacturers of stationary SI engines required to certify their engines must demonstrate compliance by certifying that their stationary SI engines meet the emission standards, as specified in 40 CFR part 60, subpart JJJJ, as applicable, using the certification procedures in subpart B of 40 CFR part 90 or subpart C of 40 CFR part 1048, as applicable, and must test their engines as specified in those parts. Manufacturers who conduct voluntary certification must follow the same test procedures that apply to large SI nonroad engines under 40 CFR part 1048, but must use the D-1 cycle in International Organization for Standardization (ISO) 8178-4: 1996(E) for stationary engines or the test cycle requirements specified in Table 5 to 40 CFR 1048.505, except that Table 5 to 40 CFR 1048.505 applies to high load engines only. Manufacturers who opt to voluntarily certify their stationary SI engines to the emission standards specified in this subpart must certify their engines using fuel that meets the definition of pipeline- quality natural gas, which according to the definition must be composed of at least 70 percent methane by volume or have a gross calorific value between 950 and 1,100 British thermal units per standard cubic foot. If the manufacturer chooses to certify its stationary SI engines to another fuel, the manufacturer must specify the properties of that fuel and what adjustments the owner or operator must make to the engine during installation in the field in order to meet the [[Page 3576]] emission standards. The manufacturer must also perform certification testing on the engine on that fuel, as it would if it was certifying to pipeline-quality natural gas, in order to assure compliance with the emission standards. Manufacturers who conduct voluntary certification of stationary SI ICE must also provide instructions to the owner and operator for configuring the stationary engine to meet the emission standards on fuels that meet the pipeline-quality natural gas specifications and fuels that do not meet the pipeline-quality natural gas specifications. The manufacturer must provide information to the owner and operator of the certified stationary SI engine regarding the particular fuels to which the engine is certified, and instructions regarding configuring the engine in a manner most appropriate for reducing pollutant emissions for engines operating on such fuels. EPA allows owners and operators of natural gas engines to use propane as back up fuel for emergency purposes for no more than 100 hours per year. If propane is used for more than 100 hours per year in an engine that is not certified to the emission standards when using propane, the owners and operators are required to conduct a performance test to demonstrate compliance with the emission standards. Owners and operators that operate engines that have been certified by the engine manufacturer are not required to perform any performance testing unless the engine is operated outside of the fuel properties or emission-related operation and maintenance procedures specified by the manufacturer. If the owner or operator uses fuels that are outside of the fuel specifications or does not follow the emission-related adjustments or maintenance requirements specified by the manufacturer, the engine is no longer considered a certified engine and the owner or operator must test the engine to demonstrate compliance. Regarding stationary rich burn engines operating with three-way catalysts or non-selective catalytic reduction, EPA expects that air- to-fuel ratio controllers will be used in conjunction with the control device. The AFR controller must be operated in an appropriate manner to ensure proper operation of the engine and control device in order to minimize emissions. 2. NESHAP For most engines (i.e. except those discussed in the following paragraph), owners and operators of new and reconstructed stationary SI RICE equal to or less than 500 HP located at a major source of HAP emissions and stationary RICE located at an area source, will be able to demonstrate compliance with the NESHAP if they meet the requirements of the final SI NSPS (40 CFR part 60, subpart JJJJ). Similarly, owners and operators of new and reconstructed stationary CI engines with a site rating of equal to or less than 500 HP located at a major source of HAP emissions, will be able to demonstrate compliance with the NESHAP if they meet the requirements of the final CI NSPS (40 CFR part 60, subpart IIII). If the owners and operators are in compliance with 40 CFR part 60, subpart JJJJ or IIII, as applicable, they will also be in compliance with 40 CFR part 63, subpart ZZZZ, for engines equal to