Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, 39870-39904 [05-13338]
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39870
Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 85, 89, 94, 1039, 1065
and 1068
[OAR–2005–0029, FRL–7934–4]
RIN 2060–AM82
Standards of Performance for
Stationary Compression Ignition
Internal Combustion Engines
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: This action proposes
standards of performance for stationary
compression ignition (CI) internal
combustion engines (ICE). These
standards 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
proposed standards would 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: Comments. Submit comments on
or before September 9, 2005, or 30 days
after date of public hearing if later.
Public Hearing. If anyone contacts us
requesting to speak at a public hearing
by August 1, 2005, a public hearing will
be held on August 23, 2005.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2005–
0029, by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• E-mail: Send your comments via
electronic mail to a-and-r-
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docket@epa.gov, Attention Docket ID
No. OAR–2005–0029.
• Fax: Fax your comments to (202)
566–1741, Attention Docket ID No.
OAR–2005–0029.
• Mail: Send your comments to: EPA
Docket Center (EPA/DC), EPA, Mailcode
6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, Attention
Docket ID No. OAR–2005–0029. Please
include a total of two copies. The EPA
requests a separate copy also be sent to
the contact person identified below (see
FOR FURTHER INFORMATION CONTACT). In
addition, please mail a copy of your
comments on the information collection
provisions to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), Attn:
Desk Officer for EPA, 725 17th St., NW.,
Washington, DC 20503.
• Hand Delivery: Deliver your
comments to: EPA Docket Center (EPA/
DC), EPA West Building, Room B108,
1301 Constitution Ave., NW.,
Washington DC, 20460, Attention
Docket ID No. OAR–2005–0029. Such
deliveries are accepted only during the
normal hours of operation (8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays), and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. OAR–2005–0029. EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at https://www.epa.gov/
edocket, including any personal
information provided, unless the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI or otherwise
protected through EDOCKET,
regulations.gov, or e-mail. The EPA
EDOCKET and the Federal
regulations.gov Web sites are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
EDOCKET or regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
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and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket visit
EDOCKET on-line or see the Federal
Register of May 31, 2002 (67 FR 38102).
Public Hearing: If a public hearing is
held, it will be held at EPA’s Campus
located at 109 T.W. Alexander Drive in
Research Triangle Park, NC or alternate
site nearby.
Docket: All documents in the docket
are listed in the EDOCKET index at
https://www.epa.gov/edocket. We also
rely on documents in Docket ID No.
OAR–2003–0012 and incorporate that
docket into the record for this proposed
rule. Although listed in the index, some
information is not publicly available,
i.e., 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 in
EDOCKET or in hard copy at the Docket,
EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the EPA
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Mr.
Sims Roy, Combustion Group, Emission
Standards Division (MD–C439–01), U.S.
EPA, Research Triangle Park, North
Carolina 27711; telephone number (919)
541–5263; facsimile number (919) 541–
5450; electronic mail address
‘‘roy.sims@epa.gov.’’
SUPPLEMENTARY INFORMATION:
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. What should I consider as I prepare my
comments for EPA?
II. Background
III. Summary of the Proposed Rule
A. What is the source category regulated by
the proposed rule?
B. What are the pollutants regulated by the
proposed rule?
C. What is the best demonstrated
technology?
D. What sources are subject to the
proposed rule?
E. What are the proposed standards?
F. What are the requirements for sources
that are modified or reconstructed?
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G. What are the requirements for
demonstrating compliance?
H. What are the monitoring requirements?
I. What are the reporting and
recordkeeping requirements?
IV. Rationale for Proposed Rule
A. How did EPA determine the source
category for the proposed rule?
B. How did EPA select the pollutants to be
regulated?
C. How did EPA determine the best
demonstrated technology?
D. How did EPA select the affected facility
for the proposed rule?
E. How did EPA select the proposed
standards?
F. What are the considerations for
modification and reconstruction?
G. How did EPA determine the compliance
requirements for the proposed rule?
H. How did EPA select the methods for
performance testing?
I. How were the reporting and
recordkeeping requirements selected?
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?
VI. Solicitation of Comments and Public
Participation
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
SIC 1
Category
Any manufacturer that produces or any industry using a stationary
internal combustion engine as defined in the proposed rule.
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
I. General Information
A. Does This Action Apply to Me?
Regulated Entities. Categories and
entities potentially regulated by this
action include:
NAICS 2
4911
2211
8062
3621
3561
3548
622110
335312
33391
333992
39871
Examples of regulated entities
Electric power generation, transmission, or distribution.
Medical and surgical hospitals.
Motor and Generator Manufacturing.
Pump and Compressor Manufacturing.
Welding and Soldering Equipment Manufacturing.
1 Standard
2 North
Industrial Classification.
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 § 60.4200 of the
proposed 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. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through EDOCKET,
regulations.gov or e-mail. Send or
deliver information identified as CBI to
only the following address: Mr. Sims
Roy, c/o OAQPS Document Control
Officer (Room C404–02), U.S. EPA,
Research Triangle Park, NC 27711,
Attention Docket ID No. OAR–2005–
0029. Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information in a disk or CD
ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
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Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions. The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
h. Make sure to submit your
comments by the comment period
deadline identified.
Docket. The docket number for the
proposed NSPS is Docket ID No. OAR–
2005–0029.
World Wide Web (WWW). In addition
to being available in the docket, an
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electronic copy of the proposed rule is
also available on the WWW through the
Technology Transfer Network Web site
(TTN Web). Following signature, EPA
will post a copy of the proposed rule on
the TTN’s policy and guidance page for
newly proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
II. Background
This action proposes new source
performance standards (NSPS) that
would 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 them is proposed.
An NSPS requires 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.
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III. Summary of the Proposed Rule
A. What Is the Source Category
Regulated by the Proposed Rule?
Today’s proposed standards apply 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, 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. An 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 Proposed Rule?
The pollutants to be regulated by the
proposed standards are NOX, PM, CO,
and NMHC. 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 proposed
standards. Emissions of hazardous air
pollutants (HAP) from these engines
have been, or will be, regulated in
separate rulemakings promulgated
under section 112.1
C. What Is the Best Demonstrated
Technology?
1. Background
Section 111 of the CAA states that a
standard of performance ‘‘means a
standard * * * which reflects the
degree of emission limitation achievable
through application of the best system
1 Emissions of HAP from stationary reciprocating
internal combustion engines (RICE) located at major
sources were the subject of a 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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of emission reduction which (taking
into account the cost of achieving such
reduction and any nonair quality health
and environmental impact and energy
requirements) the Administrator
determines has been adequately
demonstrated.’’
The following sections provide
additional information by identifying
specific technologies (referred to
hereafter as ‘‘BDT’’) that EPA anticipates
to be used to meet the NSPS. It must be
noted, however, that EPA’s proposal is
that the best system of emissions
reduction that has been adequately
demonstrated is a set of emissions
standards, including an averaging,
banking and trading program, that
allows for the use of other potential
technologies that meet or exceed the
standards.
2. Non-Emergency Stationary CI ICE <10
Liters per Cylinder
The EPA expects there will be few, if
any, stationary CI ICE less than 50
horsepower (HP). Nevertheless, EPA has
established emission standards for these
engines for the potential few engines
less than 50 HP that may be stationary
CI ICE.
For non-emergency engines less than
25 HP, the technologies that are the
basis of the proposed standards are
expected to be the same as the
technologies that are the basis for the
nonroad diesel engine standards in this
size range. The basis of the proposed
PM standards for these engines is a
variety of engine-based technologies
including combustion optimization and
different fuel injection strategies. The
EPA expects that manufacturers of
smaller engines may also utilize
oxidation catalyst control for PM in
order to meet the Tier 4 standard for
nonroad diesel engines. The EPA
expects that manufacturers of stationary
CI ICE less than 25 HP will employ
engine-based technologies, to meet the
proposed NOX for engines less than 25
HP include advanced in-cylinder
technologies and electronic fuel
systems.
For non-emergency engines greater
than or equal to 25 HP with a
displacement of less than 10 liters per
cylinder, the technology that is the basis
of the proposed PM standards is
catalyzed diesel particulate filters
(CDPF) used in conjunction with ultra
low sulfur diesel (ULSD) fuel. The
standards for PM that are based on the
use of CDPF and ULSD start as early as
2011 for some engines, but the schedule
varies depending on the size of the
engine. The CDPF technology is capable
of reducing PM, CO, and NMHC
emissions from stationary CI ICE by at
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least 90 percent. The technology basis of
the proposed CO and NMHC standards
is also CDPF. The technology is
currently available but requires ULSD in
order to achieve these levels of
reductions. Furthermore, engine
manufacturers will require time to
incorporate the technology on all of
their engines. Taking into account when
ULSD fuel will be fully available and
allowing manufacturers time to
incorporate CDPF technology on their
stationary engines, EPA believes that the
implementation schedule already
promulgated for nonroad diesel engines
is appropriate for the majority of
stationary CI ICE as well.
Prior to the implementation of
standards based on the use of CDPF,
new stationary CI ICE engines will be
required to meet standards based on the
use of technology currently required for
nonroad engines. Engine manufacturers
would be expected to use a variety of
engine technologies such as combustion
optimization and advanced fuel
injection controls to reduce emissions of
PM until ULSD fuel is available in
sufficient quantities nationwide.
For NOX emissions from nonemergency engines greater than or equal
to 75 HP and less than or equal to 750
HP with a displacement of less than 10
liters per cylinder, and non-emergency
generator set (genset) engines greater
than 750 HP with a displacement of less
than 10 liters per cylinder, the
technology that is the basis of the
proposed NOX standards is NOX
adsorber. The NOX adsorber technology
is expected to be able to achieve NOX
reductions of 90 percent or more when
applied to stationary CI ICE. The NOX
adsorber technology, which has been
demonstrated in laboratory situations, is
currently being developed for highway
and nonroad engines, and it is expected
to be available for nonroad and
stationary engines approximately in the
year 2011. As with the implementation
schedule for CDPF discussed above,
EPA believes that, taking into account
when ULSD fuel will be fully available
and allowing manufacturers time to
incorporate NOX adsorber technology on
their stationary engines, the
implementation schedule already
promulgated for nonroad diesel engines
is appropriate for the majority of
stationary CI ICE as well.
For non-emergency engines greater
than 750 HP with a displacement of less
than 10 liters per cylinder that are not
genset engines, the technologies that are
the basis of the proposed NOX standards
are improved combustion systems and
engine-based NOX control technologies.
For the nonroad diesel engine rule, EPA
decided to defer a decision on setting
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add-on control based emission
standards for NOX for these engines to
allow time to resolve issues involved
with applying NOX control technologies
to these engines. For stationary CI ICE,
EPA believes there may be technologies
to allow more stringent standards for
engines greater than 750 HP with a
displacement of less than 10 liters per
cylinder that are not generator sets that
could be based on the use of
aftertreatment-based controls. The EPA
is requesting comments on whether it
should have the same BDT for NOX for
all non-emergency stationary CI engines
greater than 750 HP with a displacement
of less than 10 liters per cylinder.
Both CDPF and NOX adsorbers require
the use of ULSD fuel to achieve
maximum levels of emission reduction.
The EPA recently promulgated
regulations that require sulfur levels for
nonroad diesel fuel to be reduced to 500
parts per million (ppm) beginning in
late 2007 and 15 ppm beginning in late
2010.2 Based on an analysis of ULSD
availability EPA conducted for
stationary CI ICE affected by the NSPS,
the EPA believes that ULSD will be
available in sufficient supply for
stationary CI engines affected by the
proposed rule. For information on EPA’s
fuel availability analysis, please refer to
the docket for the proposed rule. For
this reason, EPA is proposing that
owners and operators of stationary CI
engines affected by the proposed rule
that use diesel fuel use only ULSD fuel
beginning October 1, 2010. Owners and
operators that use diesel fuel will be
required to only use diesel fuel with a
sulfur content of 500 ppm or less
beginning October 1, 2007. This is
consistent with fuel levels required by
the nonroad rule for diesel engines. The
use of lower sulfur diesel fuel will
reduce emissions of SO2 and the
resulting sulfate PM to the atmosphere.
Prior to the commercial availability of
ULSD fuel and NOX adsorber
technology, non-emergency stationary
CI engines are expected to use the
technologies currently required for
nonroad engines. The EPA looked at
other control techniques such as
selective catalytic reduction (SCR) for
non-emergency engines greater than or
equal to 75 HP with a displacement of
less than 10 liters per cylinder that
could reduce emissions until ULSD fuel
becomes available in sufficient
quantities for stationary engines and
before NOX adsorbers are expected to be
commercially available for use. No other
add-on control techniques were
identified as BDT. Engine manufacturers
2 The deadlines are different for refineries,
wholesalers, retailers, and end users.
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are currently in the process of
developing a variety of engine
technologies, such as cooled exhaust gas
recirculation (EGR), to meet the Tier 3
nonroad emission standards for NOX,
which are phased in starting from 2006
to 2008. These engine technologies are
determined to be the BDT for stationary
CI ICE with a displacement of less than
10 liters per cylinder in the Tier 3
timeframe. Engine manufacturers have
developed engine technologies such as
combustion optimization and advanced
fuel injection controls to meet EPA’s
Tier 2 limits for nonroad diesel engines.
These engine technologies are also being
applied to stationary engines.3 The EPA
believes that these technologies are the
BDT for the time frame of the Tier 2
standards for these engines, except as
discussed below for engines
manufactured prior to the 2007 model
year.
For NOX emissions from engines
below 75 HP, EPA has determined that
the BDT is the variety of engine
technologies currently being developed
and used by engine manufacturers to
reduce NOX. Examples include cooled
EGR, uncooled EGR, and advanced incylinder technologies relying on
electronic fuel systems and
turbocharging. The EPA does not
believe that the catalyst-based NOX
technologies have matured to a state
where we can have substantial
assurance that such technologies will
provide a path for compliance for
engines in this power category and of
this displacement.
3. Pre-2007 Model Year Stationary CI
ICE
The proposed standards require
engine manufacturers to meet the Tier 2
through Tier 4 nonroad diesel engine
standards for their 2007 model year and
later non-emergency stationary CI ICE
less than 10 liters per cylinder.
Stationary ICE are almost all
manufactured products that are
designed in advance that cannot change
design without some lead-time. Given
that stationary CI ICE are similar to
nonroad diesel engines and their
emission control strategies would be
similar, the EPA believes that 18 months
3 An exception to this is stationary engines above
3000 HP with a displacement of less than 10 liters
per cylinder. These engines are not as closely
related to nonroad engines of that horsepower range
as are other stationary engines, and have not
necessarily been manufactured using similar
technologies. Therefore, we believe that it will take
longer for these engines to be able to meet standards
equivalent to nonroad engines. We are therefore
requiring Tier 1 standards (as opposed to Tier 2
standards, which nonroad engines of that HP will
have to meet) for these engines until the 2011
model year.
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from the date of proposal is appropriate
lead-time for engine manufacturers to
meet standards equal to those in effect
(or coming into effect) for nonroad
engines. However, because stationary CI
ICE were not subject to these emissions
standards until this rule, the EPA
cannot immediately require that these
engines produce emissions on the same
level required for nonroad engines.
Sufficient lead-time must be provided to
allow engine manufacturers to modify
their production to incorporate these
emission reduction strategies in all of
their stationary CI ICE in order to meet
the proposed emission standards.
For pre-2007 model year stationary CI
ICE, the BDT was determined to be the
nonroad Tier 1 emission levels. As
explained, engine manufacturers will
require time to design their engines and
incorporate the control technologies that
are the basis for nonroad diesel engine
Tiers 2 through 4. Manufacturers will
also need time to generate and provide
the requisite data and other information
needed to insure that their engines meet
these standards. Manufacturers would
therefore not necessarily be able to meet
the Tier 2, Tier 3, and Tier 4 emission
standards for stationary CI ICE
immediately after the rule goes into
effect. The BDT for these pre-2007
model year engines is therefore the Tier
1 standards for nonroad engines, which
do not require as significant a revision
to manufacturing processes as the more
stringent regulations and which are
currently being met by many stationary
engines. Furthermore, EPA is not
requiring engines manufactured prior to
April 1, 2006 to meet the Tier 1
standards, given that even the less
substantial requirements needed to meet
the Tier 1 standards would be extremely
difficult to achieve in the immediate
near term for engines that had not
previously been manufactured to meet
those standards.
4. Non-Emergency Stationary CI ICE
≥10 and <30 Liters per Cylinder
For 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, the
technology that is the basis of the
proposed standards is the same
technology used by manufacturers of
new marine CI engines to meet the
emission standards for those engines.
Engines with a displacement in this
range are generally not used in landbased nonroad applications and are
significantly different in design from
land-based nonroad engines. Those
engines in this displacement range that
are currently certified would generally
be certified to marine standards, not
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land based nonroad standards. The EPA
believes these engines are similar in
design to marine CI engines and is
therefore basing the proposed standards
for non-emergency stationary CI ICE
with a displacement between 10 and 30
liters per cylinder on the technologies
that are used to meet the emission
standards for marine CI engines. These
technologies include timing retard,
advanced fuel injection systems,
optimized nozzle geometry, and
possibly through rate shaping.
5. Stationary CI ICE With a
Displacement ≥30 Liters per Cylinder
For non-emergency stationary CI ICE
with a displacement of greater than or
equal to 30 liters per cylinder, the
technology that is the basis of the
proposed NOX standards is SCR. This
technology is capable of reducing NOX
emissions by 90 percent or more, is
currently available, and is a well-proven
control technology for larger stationary
CI engines.4 The technology that is the
basis of the proposed PM standards for
non-emergency stationary CI ICE with a
displacement of greater than or equal to
30 liters per cylinder is electrostatic
precipitators (ESP). The technology is
currently available and is capable of
reducing PM emissions by 60 percent or
more from stationary CI ICE.
6. Low Sulfur Diesel for All Stationary
CI ICE
For all stationary CI ICE, the use of
lower sulfur fuel was determined to be
the BDT for SOX. Reducing the sulfur
content in the diesel fuel directly affects
the engine-out levels of SOX emissions.
As mentioned, the proposed rule
requires that owners and operators that
use diesel fuel begin using 500 ppm
sulfur diesel fuel starting October 1,
2007 and 15 ppm sulfur diesel fuel
starting October 1, 2010. These fuel
requirements are consistent with the
requirements of the nonroad diesel rule.
7. Emergency Stationary CI ICE
The EPA also evaluated the BDT for
emergency stationary CI ICE. An
emergency stationary internal
combustion engine is defined as any
stationary internal combustion engine
whose operation is limited to emergency
situations and required testing.
Examples include stationary ICE used to
produce power for critical networks or
equipment (including power supplied to
portions of a facility) when electric
power from the local utility is
4 SCR is also a proven technology for smaller
engines and may be used to meet the NOX standards
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interrupted, or stationary ICE used to
pump water in the case of fire or flood,
etc. Examples also include stationary
ICE used during Federal or State
declared disasters and emergencies, and
simulations of emergencies by Federal,
State, or local governments. Emergency
stationary ICE are allowed to be
operated for the purpose of maintenance
checks and readiness testing, provided
that the tests are recommended by the
manufacturer, the vendor, or the
insurance company associated with the
engine. Required testing of such units is
limited to 30 hours per year, and owners
and operators are required to keep
records of this information. There is no
time limit on the use of emergency
stationary ICE in emergency situations.
The use of add-on controls such as
CDPF, oxidation catalyst, and NOX
adsorber could not be justified as BDT
due to the cost of the technology relative
to the emission reduction that would be
obtained. This is discussed in more
detail later in this preamble and in the
documents supporting the proposal. The
EPA, therefore, determined that the
engine technologies developed by
engine manufacturers to meet the Tier 2
and Tier 3 nonroad diesel engine
standards, and those Tier 4 standards
that do not require aftertreatment, are
the BDT for 2007 model year and later
emergency stationary CI ICE with a
displacement of less than 10 liters per
cylinder. These technologies have been
discussed previously in this section. As
mentioned earlier, stationary CI ICE
with a displacement between 10 and 30
liters per cylinder are similar to marine
CI engines, and EPA believes it is
appropriate to rely on the technologies
used to meet Tier 2 emission standards
for marine CI engines. Therefore, for
2007 model year and later emergency
stationary CI ICE with a displacement of
greater than or equal to 10 and less than
30 liters per cylinder, the basis for the
BDT are the technologies used to meet
Tier 2 emission standards for marine CI
engines.
D. What Sources Are Subject to the
Proposed Rule?
The affected source for the CI internal
combustion engine NSPS is each
stationary CI internal combustion
engine whose construction,
modification or reconstruction
commenced after the date the proposed
rule is published in the Federal
Register. The date of construction is the
date the engine is ordered by the owner
for those engines. However, it was not determined
to be the BDT for smaller engines due to the
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or operator. As discussed earlier, we are
proposing that stationary CI ICE
manufactured prior to April 1, 2006 that
are not fire pump engines will not be
subject to Tier 1 standards, unless they
are modified or reconstructed after the
date of proposal. Stationary fire pump
CI ICE manufactured prior to July 1,
2006 will not be subject to Tier 1
standards, unless they are modified or
reconstructed after the date of proposal.
E. What Are the Proposed Standards?
1. Overview
The format of the proposed 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 HP only. Tier 4 limits for nonroad
engines are phased in beginning in
2008.
2. Proposed Standards for Engine
Manufacturers
Engine manufacturers must meet the
emission standards of the proposed rule
during the useful life of the engine. a.
2007 Model Year and Later NonEmergency Stationary CI ICE ≤3,000 HP
and With a Displacement <10 Liters per
Cylinder. The proposed 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.
BILLING CODE 6560–50–P
expected availability of NOX adsorber, which
achieves similar reductions to SCR at a lower cost.
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BILLING CODE 6560–50–C
b. 2007 Model Year and Later NonEmergency Stationary CI ICE >3,000 HP
and With a Displacement <10 Liters per
Cylinder. The proposed standards
require that engine manufacturers
certify their 2007 through 2010 model
year 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 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
Maximum engine power
NMHC +
NOX
HC
NOX
CO
PM
KW<8 (HP<11) ........................................................................................
8≤KW<19 (11≤HP<25) .............................................................................
19≤KW<37 (25≤HP<50) ...........................................................................
37≤KW<56 (50≤HP<75) ...........................................................................
56≤KW<75 (75≤HP<100) .........................................................................
75≤KW<130 (100≤HP<175) .....................................................................
130≤KW<225 (175≤HP<300) ...................................................................
225≤KW<450 (300≤HP<600) ...................................................................
450≤KW≤560 (600≤HP≤750) ...................................................................
KW>560 (HP>750) ..................................................................................
10.5 (7.8)
9.5 (7.1)
9.5 (7.1)
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
1.3 (1.0)
1.3 (1.0)
1.3 (1.0)
1.3 (1.0)
....................
....................
....................
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
8.0 (6.0)
6.6 (4.9)
5.5 (4.1)
....................
....................
....................
11.4 (8.5)
11.4 (8.5)
11.4 (8.5)
11.4 (8.5)
1.0 (0.75)
0.80 (0.60)
0.80 (0.60)
....................
....................
....................
0.54 (0.40)
0.54 (0.40)
0.54 (0.40)
0.54 (0.40)
c. 2007 Model Year and Later NonEmergency Stationary CI ICE with a
Displacement ≥10 and <30 Liters per
Cylinder. The proposed 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
THC + NOX
5.0≤displacement<15.0, All Power Levels ...............................................................................................
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11JYP2
CO
PM
5.0
0.27
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Engine size—liters per cylinder, rated power
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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—Continued
Engine size—liters per cylinder, rated power
15.0≤displacement<20.0,
15.0≤displacement<20.0,
20.0≤displacement<25.0,
25.0≤displacement<30.0,
THC + NOX
<3,300 KW .....................................................................................................
≥3,300 KW ......................................................................................................
All Power Levels .............................................................................................
All Power Levels .............................................................................................
d. 2007 Model Year and Later
Emergency Stationary CI ICE. The
proposed 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–
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 2007
model year and later emergency fire
pumps to the emission standards shown
in table 4 of this preamble.
3. Proposed Standards for Owners and
Operators
Owners and operators of stationary CI
ICE are required to meet the emission
standards in the proposed 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 × 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
2007 model year and later stationary CI
ICE with a displacement of less than 30
liters per cylinder that are not fire pump
engines must purchase an engine that is
certified by the manufacturer according
to the provisions of the proposed 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
CO
8.7
9.8
9.8
11.0
PM
5.0
5.0
5.0
5.0
0.50
0.50
0.50
0.50
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 0.40 grams per KWhour (0.30 grams per HP-hour). 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 0.12 grams per KWhour (0.09 grams per HP-hour).
4. Proposed Standards for
Manufacturers and Owners and
Operators of Emergency Stationary Fire
Pump Engines
The proposed 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 maximum engine
power. Starting with 2007 model year
engines, 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. Although
the fire pump engine manufacturers and
installers have indicated that the
provisions of the proposed rule will not
reduce the reliability of fire pump
engines, we are asking for comments on
whether there are any concerns
regarding fire pump reliability.
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)
KW<8 (HP<11) ................................................................................
2010 and earlier .........................
2011+ .........................................
2010 and earlier .........................
2011+ .........................................
2010 and earlier .........................
2011+ .........................................
2010 and earlier .........................
2011+ a .......................................
2010 and earlier .........................
8≤KW<19 (11≤HP<25) ....................................................................
19≤KW<37(25≤HP<50) ...................................................................
37≤KW<56 (50≤HP<75) ..................................................................
56≤KW<75 (75≤HP<100) ................................................................
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NMHC +
NOX
10.5
7.5
9.5
7.5
9.5
7.5
10.5
4.7
10.5
11JYP2
(7.8)
(5.6)
(7.1)
(5.6)
(7.1)
(5.6)
(7.8)
(3.5)
(7.8)
CO
8.0 (6.0)
6.6 (4.9)
5.5 (4.1)
5.0 (3.7)
5.0 (3.7)
PM
1.0
0.40
0.80
0.40
0.80
0.30
0.80
0.30
0.80
(0.75)
(0.30)
(0.60)
(0.30)
(0.60)
(0.22)
(0.60)
(0.22)
(0.60)
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TABLE 4.—NOX, NMHC, CO, AND PM EMISSION STANDARDS IN G/KW-HR (G/HP-HR) FOR EMERGENCY FIRE PUMP
ENGINES—Continued
Maximum engine power
75≤KW<130 (100≤HP<175) ............................................................
130≤KW<225 (175≤HP<300) ..........................................................
225≤KW<450 (300≤HP<600) ..........................................................
450≤KW≤560 (600≤HP≤750) ..........................................................
KW>560 (HP>750) ..........................................................................
a Emergency
2011+ a .......................................
2009 and earlier .........................
2010+ a .......................................
2008 and earlier .........................
2009+ a .......................................
2008 and earlier .........................
2009+ a .......................................
2008 and earlier .........................
2009+ .........................................
2007 and earlier .........................
2008+ .........................................
4.7
10.5
4.0
10.5
4.0
10.5
4.0
10.5
4.0
10.5
6.4
(3.5)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(4.8)
CO
5.0 (3.7)
3.5 (2.6)
3.5 (2.6)
3.5 (2.6)
3.5 (2.6)
PM
0.40
0.80
0.30
0.54
0.20
0.54
0.20
0.54
0.20
0.54
0.20
(0.30)
(0.60)
(0.22)
(0.40)
(0.15)
(0.40)
(0.15)
(0.40)
(0.15)
(0.40)
(0.15)
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
proposed 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 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 stationary
CI ICE that use diesel fuel must only use
diesel fuel meeting the requirements of
40 CFR 80.510(b), 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 proposed rule does
not contain a standard for SO2; the use
of low sulfur diesel fuel will result in
lower emissions of SO2.
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
until the year 2010, which will allow
adequate time for manufacturers of
these large stationary engines to test the
operation of the engines on ULSD. The
EPA does not expect that the lubricity
of the ULSD will be an issue because
additives can be added to ULSD to
achieve a sufficient lubricity.
F. What Are the Requirements for
Sources That Are Modified or
Reconstructed?
The proposed standards apply to
stationary CI ICE that are modified or
reconstructed after the date the
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NMHC +
NOX
Model year(s)
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proposed rule is published in the
Federal Register. 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.
G. What Are the Requirements for
Demonstrating Compliance?
1. Engine Manufacturers
Manufacturers of stationary CI ICE
must demonstrate compliance with the
rule, as proposed, by certifying that
their 2007 model year and later
stationary CI ICE meet the emission
standards in the 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 may
use the optional test cycle provided in
table 4 of the proposed rule.
Manufacturers of certified stationary CI
ICE 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, or 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
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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 that certify an
engine family or families to standards
under the proposed 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 averaging, banking, and
trading 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 the
these engine families are certified are at
least equal to the appropriate standards.
The banking program allow
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
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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 Clean Air Act
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 heavyduty 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 proposed
standards reflect best demonstrated
technology. 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 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 today’s proposed 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 proposed 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
being proposed in this program affecting
a large number of engine families. We
welcome comments on the
appropriateness of allowing for
averaging, banking and trading under
this program.
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16:33 Jul 08, 2005
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We are proposing minor revisions to
several existing mobile source
regulations to help incorporate several
of these provisions.
EPA is proposing 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 today’s
proposed rule. We have proposed that
these engines are to be subject to the
same general compliance regime as
land-based nonroad CI engines and, for
those with a displacement greater than
10 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 landbased nonroad CI engines and marine
engines) are adjusted on an annual basis
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 today’s
proposed 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 https://
www.epa.gov/otaq/cert/dearmfr/
dearmfr.htm. Finally, EPA believes it
appropriate to commence the collection
of fees immediately for each
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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. 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 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 owner or
operator may also choose to conduct an
initial performance test to demonstrate
compliance with the emission
standards. The records which indicate
that the engine is complying with the
emission standards of the proposed 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
proposed 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
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.
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-
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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). 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 following NTE standards:
NTE = (STD) × (M)
Where:
NTE = The NTE emission standard for
each pollutant.
STD = The certification emission
standard specified for each
pollutant in Table 1 or 2 for the
same model year and maximum
engine power.
M = 1.25.
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, and 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.
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
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 in
non-emergency service. Records of
hours of operation during emergencies
are not required.
H. What Are the Monitoring
Requirements?
A. How Did EPA Determine the Source
Category for the Proposed Rule?
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 judgement 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.
The EPA has determined that for
purposes of promulgating NSPS
regulations, the stationary internal
combustion engine source category
should be split into two source
categories—CI engines and SI engines.
Owners and operators of stationary CI
ICE that are equipped with 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 non-emergencies.
I. What Are the Reporting and
Recordkeeping Requirements?
The owner or operator of nonemergency 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 nonemergency 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
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IV. Rationale for Proposed Rule
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The reason for dividing the source
category is that EPA will require more
time to develop a regulation for SI
engines than for CI engines. At the
outset of the proposed rulemaking
process, the EPA had more information
available for CI engines than for SI
engines due to other regulatory actions
and information gathering activities for
CI engines by EPA, as well as States and
groups of States. It will take longer to
collect and analyze information for SI
engines, and EPA will, therefore, need
more time to develop a regulation for SI
engines.
B. How Did EPA Select the Pollutants To
Be Regulated?
New source performance standards
are developed under the authority of
section 111 of the CAA. Emissions of
criteria pollutants (those pollutants
identified under section 110 of the
CAA) are generally regulated under
section 111, while HAP are regulated
under section 112 of the CAA.
Emissions from stationary CI ICE
contribute significantly to air pollution
and cause adverse health and welfare
effects associated with ozone, PM, NOX,
SOX, CO, and NMHC.
Nitrogen oxides are listed as criteria
pollutants and are regulated due to their
contribution to the formation of ozone.
Nitrogen oxides are precursors to ozone
formation. Exposure to ozone has been
linked to health and welfare impacts.
Health and welfare risks include
impaired respiratory function, eye
irritation, deterioration of materials
such as rubber, and necrosis of plant
tissue. Nitrogen oxides are one of the
major pollutants emitted from stationary
ICE and stationary ICE are considered to
cause or contribute significantly to
nationwide releases of NOX emissions.
By reducing emissions of NOX,
substantial benefits to public health and
welfare and the environment will be
realized.
Particulate matter is listed as a criteria
pollutant and is regulated by this action.
Emissions of PM lead to adverse health
and welfare effects. Health effects
associated with ambient PM include
premature mortality, aggravation of
respiratory and cardiovascular disease,
aggravated asthma, and acute
respiratory symptoms. By controlling
the emissions of PM, the risk of areas
failing to attain or maintain compliance
with the National Ambient Air Quality
Standards (NAAQS) for PM is reduced.
Sulfur oxides have been identified as
criteria pollutants and are addressed in
the proposed rule through fuel use
requirements. Sulfur dioxide and sulfate
PM are emitted as a result of sulfur in
the diesel fuel used by stationary CI ICE.
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By controlling the sulfur level in diesel
fuel, levels of air pollution will be
reduced and public health and welfare
will be improved. Restrictions on fuel
use will also assist areas currently in
nonattainment with the SO2 standard to
comply with the NAAQS standard for
SO2.
Emissions of NMHC from stationary
CI ICE contribute to the formation of
ozone. In addition, emissions of NMHC
include air toxics such as benzene,
formaldehyde, acetaldehyde, 1,3butadiene, and acrolein. These
substances are known or suspected as
being human or animal carcinogens, or
having noncancer health effects such as
irritation or corrosion of the eyes, nose,
throat, and lungs; pulmonary and
respiratory problems; and dermatitis
and sensitization of the skin and
respiratory tract. Stationary CI ICE
contribute to nationwide releases of
NMHC emissions. Substantial benefits
to public health and welfare and the
environment will be realized by
reducing emissions of NMHC.
Carbon monoxide is a criteria
pollutant and is considered harmful to
public health and the environment.
Carbon monoxide has been linked to
increased risk for people with heart
disease, reduced visual perception,
cognitive functions and aerobic
capacity, and possible fetal effects.
Stationary CI engines are major
contributors to emissions of CO and are
considered to contribute to several areas
failing to attain the NAAQS for CO.
Reductions of CO proposed by the
proposed rule will improve public
health and welfare.
In addition to the health effects
described above, pollution from
stationary diesel engines also
significantly contributes to visibility
effects. Visibility is defined as the
degree to which the atmosphere is
transparent to visible light. Fine
particles are the major contributors to
reduced visibility. By implementing
emission standards for stationary diesel
engines as proposed by the proposed
rule, improvements in visibility will be
experienced.
Other potential effects associated with
these pollutants from stationary diesel
engines include acid deposition,
eutrophication, soiling, and material
damage. Acid deposition, or acid rain
occurs when SO2 and NOX are released
into the atmosphere and react with
water, oxygen, and oxidants. Acid rain
contributes to damage of the
environment including damage to trees,
lakes, and streams, in addition to
affecting building materials, accelerating
the decay of structures. By reducing SO2
and NOX emissions, the sulfur and
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nitrogen acid deposition will also be
reduced. Eutrophication is the
accelerated production of organic
matter, particularly algae in water
bodies. The increased level of algae can
cause adverse ecological effects,
including reduced light and oxygen
levels, which affect fish, plants, and
other organisms that are habitants in
water bodies. Deposition of airborne
particles, which can lead to
accumulation of particles (soiling) on
surfaces can cause structural damage by
means of corrosion or erosion. The
proposed rule should decrease the
levels of soiling by reducing the level of
PM that is emitted from stationary
diesel engines. The use of CDPF by
engines affected by the proposed rule
will also result in reductions of gaseous
HAP.
C. How Did EPA Determine the Best
Demonstrated Technology?
1. Background
To determine the BDT for the
proposed rule, EPA first analyzed the
emission control strategies selected for
the nonroad CI engine rule. The EPA
concluded that the level and
implementation timing of the nonroad
CI engine standards are the most
challenging that can be justified.
Engine manufacturers have indicated
to EPA that, in many cases, they do not
separately design and manufacture CI
engines for stationary use. The
manufacturers usually sell the same CI
engines for use in mobile nonroad
equipment as those used in stationary
applications. Emissions from stationary
CI ICE would, therefore, tend to decline
with the implementation of EPA’s
nonroad diesel engine standards.
However, there are certain engine
classes produced that are not sold into
the nonroad sector but are strictly used
for stationary purposes, in particular
very large engines. There are also
several families of stationary engines
that have not been modified to meet
nonroad standards, even for smaller
engines. Therefore, there will be certain
engines that will be used for stationary
purposes that have not been certified
through the nonroad rule.
The EPA is proposing that stationary
engine manufacturers begin certifying
stationary CI engines to Tier 2 and Tier
3 nonroad CI engine levels, or Tier 2
marine CI engine levels, where
applicable, starting with 2007 model
year engines, in order to provide
sufficient time for these manufacturers
to put the certification regime in place
for stationary engines.
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2. Stationary CI ICE With a
Displacement <10 Liters per Cylinder
The Tier 2 and Tier 3 nonroad CI
engine standards are based on enginebased, as opposed to aftertreatmentbased, technologies. Technologies being
used to meet the Tier 2 limits are
combustion optimization and advanced
fuel injection controls. At the time that
the Tier 3 limits were promulgated, it
was believed that technologies being
developed for highway diesel engines,
especially cooled EGR, would be
applied to nonroad engines in order to
meet the Tier 3 limits. The Tier 3 limits
will be phased in starting in 2006, and
EPA has concluded that engine
manufacturers will use a variety of
engine control techniques to meet the
Tier 3 limits. These techniques include
charge air cooling, fuel injection rate
shaping and multiple injections,
injection timing retard, EGR, induced
mixing/charge motion, control of air-tofuel ratio, and control of oil
consumption. Since stationary CI
engines are similar to nonroad engines,
EPA believes that these engine
technologies used for the Tier 2 and Tier
3 standards are the BDT during the
timeframe of the Tier 2 and Tier 3 rules
for 2007 model year and later engines
with a displacement of less than 10
liters per cylinder. This determination is
applicable for both emergency and nonemergency engines with a displacement
of less than 10 liters per cylinder, since
the technology is a part of the engine
and is the same no matter what the
engine will be used for.
In June of 2004, EPA promulgated
Tier 4 standards for nonroad diesel
engines (69 FR 38957), which begin to
take effect in a staged fashion beginning
in 2008. The Tier 4 standards are based
on the use of advanced emission control
technologies for nonroad diesel engines.
For PM, CO, and NMHC, EPA projects
that CDPF is the technology that will
ultimately be used to meet the nonroad
diesel engine emission standards for
engines greater than or equal to 25 HP
and with a displacement less than 10
liters per cylinder. Catalyzed diesel
particulate filters have been
demonstrated to achieve reductions of
greater than 90 percent for PM, CO, and
NMHC for stationary CI ICE. The
technology requires ULSD fuel in order
to achieve those levels of reductions.
The CDPF technology also reduces
emissions of gaseous HAP. The EPA did
not set standards based on the use of
CDPF for nonroad diesel engines less
than 25 HP. The PM standards for these
small engines are based on the use of
oxidation catalyst control and engine
optimization. The EPA stated that the
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reason it did not set more stringent PM
standards was due to the cost of
implementing CDPF on these engines,
especially considering the prerequisite
need for electronic fuel control systems
to facilitate regeneration. The EPA plans
to conduct a technology review for these
small engines in the future and make a
determination at that time if more
stringent standards are appropriate.
For the nonroad CI engine NOX Tier
4 emission standards for engines greater
than or equal to 75 HP, EPA projects
that the technology that will be used is
NOX adsorber, a catalyst technology for
removing NOX in a lean exhaust
environment. This technology has been
demonstrated to be effective in several
studies, but is not expected to be used
commercially until 2007 at the earliest,
in part because the technology can only
operate effectively if the engine is using
ULSD fuel. Emissions reductions from
NOX adsorbers are expected to be
greater than 90 percent for NOX;
however, ULSD fuel is required to
achieve these reductions. For nonroad
engines smaller than 75 HP, EPA did
not set more stringent standards based
on the use of NOX aftertreatment
because EPA could not determine that
NOX adsorbers were feasible,
considering cost, for these engines.
Applying NOX adsorbers to all
nonroad and stationary diesel engines is
complex and will require a high level of
engine and aftertreatment integration.
Diesel engines greater than 75 HP and
with a displacement less than 10 liters
per cylinder are similar to highway
diesel engines, and the implementation
of NOX adsorbers on highway engines
will provide the information on how
successful integration will be and is key
to how the integration process will work
for nonroad and stationary engines.
Experience associated with the
implementation of advanced controls on
smaller nonroad engines (less than 75
HP) is significantly less than the
experience already developed for larger
engines. The EPA, therefore, did not set
standards based on NOX adsorbers for
smaller nonroad diesel engines but
relied on on-engine controls. The EPA
plans to conduct a technology review in
the future for nonroad diesel engines
less than 75 HP to assess engine and
emission control technologies at that
point, and it is expected that the
findings of this review will apply to
stationary engines as well. Also, the
EPA is deferring a decision on setting
aftertreatment-based NOX standards for
engines that are larger than 750 HP and
not used as generator sets. The delay
will provide additional time to evaluate
the technical issues involved in
adapting NOX adsorber technology to
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these applications. The Tier 4 NOX
standard for engines larger than 750 HP
not used as generator sets is therefore
based on proven engine-based NOX
control technologies, rather than NOX
adsorber.
In addition to the technologies that
are the basis for the nonroad engine
emission standards, EPA evaluated
other currently available add-on
emission controls for NOX, CO, NMHC,
and PM. Two other technologies were
identified: SCR for NOX emissions and
oxidation catalyst for other emissions.
Selective catalytic reduction can reduce
NOX emissions by more than 90 percent,
a similar level of performance to NOX
adsorbers. The cost of SCR is
significantly higher than for NOX
adsorber. In addition, for the nonroad
emission standards, EPA indicated that
it had significant concerns with SCR,
which is a technology that requires
extensive user intervention to operate
properly and the lack of the urea
delivery infrastructure that is necessary
to support the technology. For the
nonroad emission standards for diesel
engines, EPA concluded that SCR is not
likely to be available for general use for
the timeframe of the Tier 4 emission
standards. However, EPA did not
exclude the possibility that certain
installations may use SCR to comply
with the emission standards, but the
feasibility and cost analysis for nonroad
diesel engines was not based on the use
of SCR. The EPA believes that the
conclusions drawn for nonroad diesel
engines also apply to stationary diesel
engines. It is likely that SCR may be
applied more to stationary engines than
nonroad engines; however, the
limitations that EPA has identified for
nonroad diesel engines also affect
stationary engines. As with nonroad
engines, EPA does not preclude the
possibility that certain installations may
rely on the use of SCR to comply with
the Tier 4 NOX emission standards. For
non-emergency stationary CI engines
with a displacement less than 10 liters
per cylinder, the EPA, therefore,
determined that NOX adsorber is the
BDT for control of NOX emissions
because it achieves similar reductions to
SCR at a lower cost.
Oxidation catalysts can achieve the
same level of control of CO and NMHC
as CDPF, but only reduce PM emissions
by approximately 20 to 50 percent when
used with 500 ppm sulfur diesel fuel.
No other technologies were identified
for control of PM. The EPA, therefore,
concluded that for non-emergency
stationary CI engines greater than or
equal to 25 HP and with a displacement
less than 10 liters per cylinder, CDPF is
the BDT for CO, NMHC, and PM
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because it achieves the same CO and
NMHC emission reduction as oxidation
catalyst and achieves a significantly
higher PM reduction than oxidation
catalyst. The EPA could not justify
selecting CDPF or oxidation catalyst as
the BDT for emergency engines due to
the cost of aftertreatment compared to
the amount of pollutant reduced.
Further information regarding EPA’s
analysis is presented in a memorandum
included in the docket (Docket ID. No.
OAR–2005–0029).
For emergency stationary CI engines,
the cost of NOX adsorber was compared
to the amount of NOX that will be
reduced, and it was determined that the
relatively high cost as compared to the
amount of NOX reduced did not justify
the selection of NOX adsorber for
emergency engines. Emergency
stationary CI ICE are only operated for
a few hours each year and, therefore,
emissions from these engines are
relatively low compared to emissions
from non-emergency engines.
Additional information on EPA’s
analysis is presented in a memorandum
included in the docket (Docket ID. No.
OAR–2005–0029).
3. Stationary CI ICE With a
Displacement ≥10 and <30 Liters Per
Cylinder
Stationary CI ICE with a displacement
between 10 and 30 liters per cylinder
are more similar to marine CI engines
than land-based CI engines. For
stationary CI ICE with a displacement of
greater than or equal to 10 and less than
30 liters per cylinder, we, therefore,
believe it is appropriate to rely on the
technologies used to meet the Tier 1 and
2 emission standards for marine CI
engines. Marine CI engines of this
displacement are categorized as category
2 marine engines. More specifically,
category 2 means relating to a marine
engine with a specific engine
displacement greater than or equal to 5
liters per cylinder but less than 30 liters
per cylinder. The EPA expects that
category 2 marine diesel engines will
use the same technologies that are relied
upon for category 1 engines. Category 1
marine engines are those marine engines
that are greater than or equal to 37 KW
(50 HP) with a displacement of less than
5 liters per cylinder. In general, EPA
believes that many of the control
technologies that are expected to be
used on nonroad CI engines to meet Tier
2 and Tier 3 nonroad CI emission
standards and those used on
locomotives to meet Tier 2 locomotive
emission standards, will also be used on
marine engines since marine engines are
derived from land-based engines. For
category 2 marine engines, EPA expects
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that timing retard, advanced fuel
injection systems, optimized nozzle
geometry, and possibly through rate
shaping may be used to meet the Tier
2 marine standards. The EPA also
anticipates that manufacturers of
category 2 marine engines will increase
the use of electronic engine
management controls. Additional
reductions in NOX, PM, CO, and HC can
be achieved through electronic controls.
Furthermore, the EPA expects that
category 2 marine engines will be
turbocharged and aftercooled. The EPA
believes the control strategies relied
upon to meet Tier 1 and 2 marine
emission standards will be appropriate
for stationary CI ICE with a
displacement between 10 and 30 liters
per cylinder and, therefore, chose the
technologies anticipated to be used to
comply with Tier 1 and 2 marine
emission standards as the BDT for
stationary CI ICE of this displacement.
Though EPA is not proposing
aftertreatment-based standards for these
engines at this time, we are currently
reviewing the possibility of
promulgating more stringent standards
for marine engines similar to the Tier 4
standards promulgated for land based
nonroad CI engines. In that context, we
will review whether such technologies
are appropriate for stationary CI ICE
with a displacement between 10 and 30
liters per cylinder. The NSPS for such
engines may, therefore, be revised at
that time to require more stringent
standards in the future.
For emergency stationary CI ICE with
a displacement of greater than or equal
to 10 and less than 30 liters per
cylinder, the basis for the BDT are the
same technologies as discussed above
that are used to comply with Tier 2
marine emission standards.
4. Stationary CI ICE With a
Displacement ≥30 Liters Per Cylinder
For stationary CI ICE with a
displacement of greater than or equal to
30 liters per cylinder, EPA evaluated
currently available control technologies
for NOX and PM. The EPA identified
SCR and ESP as feasible control options
for these engines. Selective catalytic
reduction has been available for several
years and is a well-proven technology
on stationary ICE using diesel fuel.
Information provided by manufacturers
of stationary CI ICE with a displacement
of greater than or equal to 30 liters per
cylinder indicated that the technology is
capable of reducing NOX emissions by
more than 90 percent. The EPA
considered NOX adsorbers; however, the
technology is still under development,
and its applicability to very large
engines is unknown. No other
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technologies were identified for control
of NOX and SCR was chosen as the BDT
for stationary CI ICE with a
displacement of greater than or equal to
30 liters per cylinder. For PM, the EPA
chose ESP as the BDT for engines with
a displacement at or above 30 liters per
cylinder. Information provided by
manufacturers of stationary CI ICE with
a displacement of greater than or equal
to 30 liters per cylinder indicated that
the technology can reduce PM
emissions by at least 60 percent on large
industrial applications. The EPA
evaluated CDPF but concluded that the
feasibility of applying particulate filters
to engines of such large displacement,
and, in turn, also size, has not been
shown. This conclusion is consistent
with information gathered from CDPF
control technology vendors who believe
that it is not possible to apply CDPF to
such large engines. No other feasible
technologies were identified for the
control of PM from these engines, and
ESP was selected as the BDT for PM for
engines with a displacement greater
than or equal to 30 liters per cylinder.
D. How Did EPA Select the Affected
Facility for the Proposed Rule?
The choice of the affected facility for
an NSPS is based on the Agency’s
interpretation of section 111 of the CAA.
Under section 111, the NSPS provisions
must apply to any new source owned or
operated in the United States. The ‘‘new
source’’ means any stationary source,
the construction or modification of
which is commenced after the
publication of regulations (or, if earlier,
proposed regulations) prescribing a
standard of performance under this
section which will be applicable to such
source.
The term ‘‘stationary source’’ means
any building, structure, facility, or
installation which emits or may emit
any air pollutant. Most industrial plants,
however, consist of numerous pieces or
groups of equipment which emit air
pollutants, and which might be viewed
as ‘‘sources.’’ The EPA uses the term
‘‘affected facility’’ to designate the
equipment, within a particular kind of
plant, which is chosen as the ‘‘source’’
covered by a given standard.
In choosing the affected facility, the
EPA must decide which pieces or
groups of equipment are the appropriate
units for separate emission standards in
the particular industrial context
involved and in light of the terms and
purpose of CAA section 111. One major
consideration in this examination is that
the use of a broader definition means
that replacement equipment is less
likely to be regulated under the NSPS;
if, for example, an entire plant was
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designated as the affected facility, no
part of the plant would be covered by
the standard unless the plant as a whole
was ‘‘modified.’’ Because the purpose of
section 111 is to minimize emissions by
the application of the best demonstrated
control technology (considering cost,
other health and environmental effects,
and energy requirements) at all new and
modified sources, there is a
presumption that a narrower
designation of the affected facility is
appropriate. This ensures that new
emission sources within plants will be
brought under the coverage of the
standards as they are installed. This
presumption can be overcome, however,
if the Agency concludes that the
relevant statutory factors (technical
feasibility, cost, energy, and other
environmental impacts) point to a
broader definition.
For the proposed rule, the EPA did
not see any reason to use a broader
definition for the affected facility and
has, therefore, designated each
individual engine as the affected
facility. Each engine must meet the
certification requirements under this
rule. A site or engine manufacturer with
multiple engines could have different
compliance requirements for each
engine, depending on the engine size,
age, and application. Use of the broader
definition of affected source could
require complex aggregate compliance
determinations. The EPA feels such
complicated compliance determinations
to be impractical, and, therefore, has
decided to adopt a definition which
establishes each individual engine as
the affected source.
The EPA is regulating engine
manufacturers in the proposed rule by
requiring that they certify their 2007
model year and later stationary CI
engines to emission standards that have
already been promulgated for nonroad
CI engines, or to the emission standards
for marine CI engines if the engines
have a displacement greater than or
equal to 10 liters per cylinder and less
than 30 liters per cylinder. The vast
majority of stationary CI engines are
consumer products produced in mass
quantities. The EPA estimates that more
than 60,000 stationary CI engines will
be produced every year starting in 2007
and increasing thereafter. For further
information on EPA’s stationary CI
engine projection estimates, please refer
to the docket for the proposed rule.
Internal combustion engines have
traditionally been regulated through the
manufacturer for purposes of meeting
mobile source regulations and
manufacturers have years, and decades
in many cases, of experience complying
with such standards. It is infinitely
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E. How Did EPA Select the Proposed
Standards?
However, there are certain engine
classes and families produced that are
not sold into the nonroad sector but are
strictly used for stationary purposes.
These engines would not be certified
under the nonroad rule for CI engines.
However, even for engines not currently
certified to nonroad standards, these
engines are very similar in design and
in the method of manufacture to
comparable nonroad land-based, or in
the case of engines with displacement
above 10 liters per cylinder, marinebased engines. This is why EPA is
proposing that stationary engines be
certified under the NSPS, following the
certification protocols specified in the
nonroad rules for diesel land-based
engines, or marine-based engines.
The proposed standards for stationary
CI ICE are output-based emission
standards and are in units of emissions
mass per unit work performed (g/KWhr). The emission standards are phased
in over several years and have Tiers
with increasing levels of stringency.
Engines are separated into engine power
ranges, and some emission standards
vary between ranges. The basis for this
is EPA’s analysis of the applicability of
specific emission control strategies for
each power range of engines. The Tier
2 and Tier 3 levels are based on the
most advanced engine-based
technologies available for the various
engines classes in the timeframe of the
nonroad diesel engine rulemaking. For
most engines, the Tier 4 levels represent
the emission reductions possible from
the application of CDPF and NOX
adsorbers to the expected emission
levels for the previous tier engines.
1. Introduction
The basis for the format of the
proposed emission standards is
primarily the nonroad CI engine rule.
The EPA believes that it is appropriate
to base the standards for most stationary
CI engines on the nonroad CI engine
standards because the design and
emissions characteristics of the engines
are very similar. In fact, engine
manufacturers have indicated to EPA
that in most cases they do not separately
design and manufacture separate CI
engines for stationary use. The engine
manufacturers often sell the same CI
engine for use in mobile nonroad
equipment as they do for use in
stationary applications. Most CI engines
that are ultimately used in stationary
applications are designed and built for
use in both stationary and nonroad
applications. All engines built for
nonroad applications must be certified
to meet EPA and California Air
Resources Board (CARB) emission
standards for nonroad mobile sources.
2. Engine Manufacturers
a. 2007 Model Year and Later NonEmergency Stationary CI ICE With a
Displacement <10 Liters per Cylinder.
The EPA is proposing that engine
manufacturers certify their 2007 model
year and later stationary CI engines with
a displacement less than 10 liters per
cylinder to the certification emission
standards for nonroad diesel engines for
the same model year and maximum
engine power for all pollutants. The
EPA believes this requirement is
appropriate and expects that engine
manufacturers will use advanced
engine-based technologies, as
previously described, such as
combustion optimization, advanced fuel
injection controls, and other engine
control technologies, similar to the
technologies that nonroad engines will
rely on, to meet Tier 2 and Tier 3 levels,
and advanced aftertreatment controls to
meet Tier 4 levels. Engine
manufacturers will be required to certify
their stationary CI engines to the
simpler, more reliable, and
comparatively inexpensive to regulate
stationary CI engines employing the
same regime as for mobile sources than
to create a new regime based on testing
by every owner and operator, and it is
within our authority for establishing
standards of performance under CAA
section 111 to require manufacturers to
meet such standards. Section 111(b)
provides EPA with authority to
promulgate new source performance
standards and nothing in section 111
prevents EPA from applying such new
source performance standards to
manufacturers, where appropriate. The
EPA has previously regulated wood
stoves under section 111 of the CAA
using similar procedures (53 FR 5860).
The EPA, therefore, believes it is
appropriate to propose that this section
111 NSPS be primarily directed at
regulating engine manufacturers, rather
than individual owners and operators.
The EPA is primarily regulating
manufacturers of stationary CI engines.
However, EPA is also imposing certain
requirements on owners and operators
of stationary CI engines. Starting with
2007 model year engines, owners and
operators are required to buy certified
engines. Owners and operators are also
required to operate and maintain their
stationary CI engines and control
devices according to the manufacturer’s
instructions and guidelines to ensure
that the engine functions properly, and
that the required emission standards
actually occur in use.
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appropriate tiers following the nonroad
diesel engine schedule.
The EPA believes that a certification
program that starts with 2007 model
year engines will provide engine
manufacturers and EPA with sufficient
time to develop and implement a
program to certify stationary CI ICE. The
program will be based on the
certification program for nonroad diesel
engines for the majority of stationary
engines.
The timing of the Tier 4 standards is
closely tied to the availability of a
sufficient amount of ULSD fuel, which
is expected to be available in sufficient
quantities for use in both stationary and
nonroad engines at the time that the
Tier 4 standards take effect for the
nonroad CI rule. The Tier 4 rulemaking
for nonroad diesel engines contains a
two-step sulfur standard for nonroad
diesel fuel. The sulfur content in the
diesel fuel affects the level of pollution
emitted by engines, and EPA expects
that ULSD fuel will be necessary in
order to meet the Tier 4 emission
standards. Engine manufacturers will
want the assurance that they will not be
liable for emissions from engines that do
not use the appropriate fuel for the
emission control device. Similarly to
nonroad diesel engines, the emission
control technologies used on stationary
CI engines to meet the Tier 4 limits also
must be used with ULSD fuel.
Therefore, EPA is proposing a diesel
fuel standard for owners and operators
of stationary CI engines that
corresponds to the requirements for
nonroad diesel fuel.
The earliest nonroad Tier 4 engine
standards take effect in model year
2008, which is the first full model year
for which 500 ppm sulfur will be
required. The 2008 Tier 4 standards
apply only to engines below 75 HP.
Setting Tier 4 standards in 2008 for
engines 75 HP and larger would not
provide a sufficient period of stability
(an element of lead time) between Tiers
2 and 3, which begin between 2006 and
2008, and Tier 4. Phasing in the Tier 4
standards for engines larger than 75 HP
beginning in 2011 will provide adequate
lead time for engine and equipment
manufacturers, as well as diesel refiners.
The Tier 4 standards are also phased in
over time to allow for the orderly
transfer of technology from the highway
sector, and to spread the overall
workload for engine and equipment
manufacturers engaged in redesigning a
large number and variety of products.
The approach of implementing Tier 4
standards over years 2011–2013
provides 4 to 6 years of real world
experience with the new technology in
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the highway sector, involving millions
of engines.
The EPA believes that engines in the
175 to 750 HP power range will have the
most straightforward adaptation of
control technologies from the highway
sector, and, therefore, these engines are
subject to the Tier 4 standards as soon
as ULSD is required, i.e., the 2011
model year. The EPA believes that
engines 25 to 175 HP or greater than 750
HP may require a greater effort to adapt
highway engine control technologies,
and, therefore, the Tier 4 standards for
these engines begin a year or two later
than those for 175 to 750 HP. This
phase-in of the limits will also spread
the redesign workload for engine and
equipment manufacturers.
Engines larger than 750 HP have been
given more lead time than engines in
other power categories to fully
implement the Tier 4 standards, due
primarily to the relatively long product
design cycles typical of these high-cost,
low-sales volume engines. For these
large engines, the nonroad engine rule
has limits for both genset applications
and applications other than generator
sets. The final Tier 4 NOX standards for
engines other than generator sets are
less stringent than the final Tier 4 NOX
standards for generator sets greater than
750 HP and are not based on the use of
add-on control.
The EPA believes it would be
inappropriate in general to require Tier
4-level standards for stationary engines
earlier (or later) than they are required
for nonroad engines. As indicated, the
technologies expected to meet the Tier
4 standards require the use of ULSD
fuel, which cannot be guaranteed in
levels needed to meet the nonroad and
stationary engine demand before year
2010. Also, the concerns discussed
above regarding phase-in of the Tier 4
standards for nonroad engines are
equally true for stationary engines.
Additionally, given that nonroad and
stationary engines are generally built to
the same specifications, it would be
needlessly costly and complicated to
require different timing for the
implementation of the technology for
the nonroad and stationary sectors.
However, EPA is requesting
comments on one particular issue:
whether it should apply the generator
sets standards for NOX for all stationary
CI engines greater than 750 HP and with
a displacement less than 10 liters per
cylinder. As noted above, the final Tier
4 NOX standards for engines other than
generator sets are less stringent than the
final Tier 4 NOX standards for generator
sets greater than 750 HP and are not
based on the use of add-on control.
Given that stationary ICE tend generally
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to be larger than nonroad engines, the
effect of these less stringent standards
may be more significant for the
stationary engine sector than for the
nonroad engine sector. Also, given that
some of the concern indicated in the
nonroad rule regarding the ability of
these engines to use aftertreatment may
be related to their mobility, which is
obviously not relevant for stationary
engines, a more stringent standard may
be appropriate for at least some types of
non-generator set stationary engines
above 750 HP. The EPA believes there
may be technologies to allow more
stringent standards for engines greater
than 750 HP and with a displacement
less than 10 liters per cylinder that are
not generator sets and is, therefore,
requesting public comment on this
issue.
The EPA is proposing that engine
manufacturers certify their 2007 through
2010 model year stationary CI ICE that
are greater than 3,000 HP and less than
10 liters per cylinder in displacement to
the emission standards shown in table
2 of this preamble, which are essentially
Tier 1 nonroad CI engine standards.
Although the nonroad CI engine rule, as
proposed, requires engines greater than
1,200 HP to meet Tier 2 emission
standards, engine manufacturers
indicated to EPA that they are unable to
certify their stationary engines greater
than 3,000 HP to Tier 2 emission
standards according to the nonroad CI
engine schedule, which applies to 2006
through 2010 model year engines.
Engines greater than 3,000 HP with a
displacement of less than 10 liters per
cylinder are rarely used in nonroad
applications, according to engine
manufacturers, and those that are used
are substantially different than the
stationary engines of that size. These
stationary engines have not been subject
to the substantial research and
development work needed to
incorporate nonroad-based technologies.
Manufacturers recommended that EPA
allow manufacturers to meet Tier 1
standards in the interim years to allow
manufacturers to focus on meeting the
more stringent, Tier 4 emission
standards. The EPA believes that the
suggestion from engine manufacturers is
appropriate and is, therefore, proposing
that stationary CI ICE greater than 3,000
HP and having a displacement less than
10 liters per cylinder be certified to the
emission standards shown in table 2 of
this preamble, followed by Tier 4
certification as shown in table 1 of this
preamble, according to the nonroad CI
engine schedule. These engines would
not be certified to Tier 2 emission
standards, but would go directly from
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being certified to Tier 1 emission
standards to being certified to Tier 4
emission standards.
b. 2007 Model Year and Later NonEmergency Stationary CI ICE With a
Displacement ≥10 and <30 Liters per
Cylinder. The EPA is proposing that
engine manufacturers who produce
2007 and later model year stationary CI
ICE with a displacement of greater than
or equal to 10 liters per cylinder and
less than 30 liters per cylinder certify
their engines to the emission standards
for new marine CI engines, as specified
in 40 CFR 94.8. Engines in this
displacement range, to the extent they
are certified to mobile source standards,
are generally certified to nonroad
marine CI engine standards, and some to
locomotive standards, not to land-based
nonroad engine standards. The broadest
application for engines in this
displacement range is in the marine
market, with sales also in the stationary
and locomotive market. The engines are
also more similar in design to marine
engines than to land-based nonroad
engines and are operated differently
compared to nonroad engines.
Additionally, information received from
the Engine Manufacturers Association
(EMA) indicate that the number of
stationary CI ICE with a displacement of
greater than 10 liters per cylinder is very
small. Only three manufacturers provide
engines with such displacement to the
stationary market and combined sell
about eight such engines for stationary
applications in the United States per
year, according to EMA. The fraction of
new stationary CI ICE of this
displacement per year is negligible
compared to the total number of new
stationary CI ICE sold per year. The
EPA, therefore, believes it is appropriate
to require manufacturers to certify
stationary CI ICE with a displacement
between 10 and 30 liters per cylinder to
the marine certification standards.
3. Owners and Operators
a. Stationary CI ICE With a
Displacement <30 Liters per Cylinder.
Owners and operators that purchase
2007 model year and later engines with
a displacement of less than 30 liters per
cylinder that are not emergency fire
pump engines must purchase stationary
CI engines that have been certified to
the emission standards in 40 CFR part
89, 40 CFR part 94, and 40 CFR part
1039, as applicable, for all pollutants.
Owners and operators that purchase
pre-2007 model year engines with a
displacement of less than 10 liters per
cylinder must purchase stationary CI
engines that meet the emission
standards in table 2 of this preamble.
These standards are based on the Tier 1
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limits for nonroad CI engines, and they
are representative of the current
emission levels for many stationary CI
ICE. Owners and operators of pre-2007
model year engines with a displacement
of greater than or equal to 10 and less
than 30 liters per cylinder must meet
the emission standards in 40 CFR
94.8(a)(1), which are the Tier 1 emission
standards for marine CI engines.
If in-use testing is conducted to
demonstrate compliance, the owner and
operator of engines with a displacement
less than 30 liters per cylinder would be
required to meet a less stringent
emission standard, an NTE standard,
which is 25 to 50 percent higher than
the otherwise applicable emission
standards. The EPA believes it is
appropriate to allow owners and
operators to use the NTE standard to
help ensure that emissions are
controlled over the wide range of speed
and load combinations commonly
experienced in-use. The EPA has similar
NTE standards for nonroad diesel
engines, highway heavy-duty diesel
engines, CI marine engines, and
nonroad SI engines.
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 install controls on their
engines that will reduce NOX emissions
by at least 90 percent or limit the
emissions of NOX to 0.40 grams per KWhour (0.30 grams per HP-hour).
Emissions of PM must be reduced by at
least 60 percent, or alternatively limited
to 0.12 grams per KW-hour (0.09 grams
per HP-hr). Engines of such
displacement are much larger than
nonroad engines and are not currently
produced by United States engine
manufacturers. In addition, these large
engines tend to operate several
thousands of hours per year and at
constant speed and load as opposed to
nonroad engines that normally operate
for a few hundred hours per year and
often at transient conditions. These
large engines are not produced in mass
quantities, and if any, only a few may
be installed in the United States per
year. For these reasons, EPA feels it is
more appropriate to regulate the owners
and operators of these engines and is
not requiring manufacturers to certify
these engines. The emission reduction
requirement of 90 percent or more for
NOX is based on the reduction
capabilities of SCR. As previously
mentioned, SCR can reduce NOX
emissions by more than 90 percent from
stationary CI engines. The NOX limit of
0.40 grams per KW-hr is based on the
NOX limits set by both the World Bank
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and the United Kingdom for large diesel
engines. Capital and operating and
maintenance costs associated with SCR
are as noted high, however, EPA feels
the high cost of SCR is justified when
installed and operated with engines of
significantly higher size and cost than
nonroad and other stationary engines. A
facility with such large engines will
generally have the resources to
implement and justify expensive add-on
controls. Furthermore, power plant
facilities typically have permit
conditions that require significant
emissions reductions. The requirement
of 60 percent PM control or more is
based on the capabilities of ESP.
Information EPA has received from
European manufacturers show that 60 to
70 percent PM reduction is possible
with ESP control. The PM emission
standard of 0.12 grams per KW-hour is
based on information provided by
vendors of ESP, who indicated that the
technology is capable of achieving that
level for oil-fired combustion sources.
The EPA believes the emission
reduction levels proposed are
appropriate for engines of high
displacement. The EPA did not set
different limits for emergency engines in
this size class because there are not
expected to be any emergency engines
with a displacement above 30 liters per
cylinder.
c. Emergency Stationary Fire Pump
Engines. Owners and operators of fire
pump engines are required to meet the
emission standards shown in table 4 of
this preamble from July 1, 2006. The
EPA is providing additional time for fire
pumps to meet these emission standards
in order to take account of the increased
lead time needed to manufacture and
certify fire pump engines to the National
Fire Protection Association (NFPA)
requirements, as discussed below. The
EPA is providing between 2 to 3 years
of additional time for emergency fire
pumps to reach compliance with the
Tier 3 emission standards. As
previously noted, Tier 4 standards that
are based on add-on controls are not
required for emergency engines, which
include emergency fire pump engines.
The NFPA develops requirements
associated with the fire protection
industry. More specifically, an NFPA
specification known as NFPA 20
contains standards for installation of
stationary fire pumps for fire protection.
Stationary fire pumps must be certified
to NFPA 20 standards in order to be
installed in buildings and must go
through an extensive process of design
and development prior to becoming
certified to the NFPA requirements. A
period of up to 3 years is often
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necessary to develop a stationary CI
engine into an emergency fire pump
engine certified to the necessary NFPA
requirements. This period includes time
the engine manufacturer, as well as the
fire pump manufacturer, needs to
develop a product that not only meets
EPA’s emission standards requirements,
but that also meets the requirements of
NFPA, if it is to be used for fire
suppression purposes and life safety.
For these reasons, EPA believes it is
appropriate to allow emergency fire
pumps an additional 2 to 3 years to
demonstrate compliance with the Tier 3
emission standards. Emergency fire
pumps would be required to meet Tier
3 emission standards starting between
the 2008 and 2011 model year,
depending on the size of the engines, as
indicated in table 4 of this preamble.
High speed fire pump engines (those
with a rated speed greater than 2,650
rpm) are allowed an additional 3 years
to meet the Tier 3 standards.
Manufacturers of stationary fire pump
engines indicated that high speed
engines are needed for applications
where engines must run at high speeds
to produce a required water pressure,
and that additional time is needed to
produce high speed engines that meet
the Tier 3 emission levels.
F. What Are the Considerations for
Modification and Reconstruction?
Under the General Provisions for
modification (40 CFR 60.14) and
reconstruction (40 CFR 60.15), facilities
that are modified or reconstructed after
the date of proposal of a standard are
subject to the standard. An owner or
operator of an existing CI engine who is
planning changes to the engine that
could be considered modification or
reconstruction shall notify the
appropriate EPA Regional Office 60
days prior to making the changes or
commencing construction, as
applicable.
1. Modification
Upon modification of a stationary CI
engine, an existing engine becomes an
affected engine and, therefore, subject to
the standard. With certain exceptions,
any physical or operational change to an
existing stationary CI engine that would
increase the emission rate from that
engine of any pollutant covered by the
standard would be considered a
modification within the meaning of
section 111 of the CAA. If a physical or
operational change to an existing
stationary engine would increase
emissions from the engine, the owner or
operator either can take appropriate
measures to offset the emission increase
within the engine such that there is no
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overall net increase in emissions from
the engine as a result of the physical or
operational change, or allow the engine
to be classified as an affected facility
under the modification criteria and,
therefore, meet the requirements of the
NSPS.
Under the General Provisions to part
60, the following physical or operational
changes are not considered to be
modifications even though emissions
may increase as a result of the change
(see § 60.14(e)):
(a) Routine maintenance, repair, and
replacement (e.g., lubrication of
mechanical equipment; replacement of
pumps, motors, and piping; replacement
of engine wear parts, such as rings, seals
and valves, to return an engine to its
original operating condition; cleaning of
equipment);
(b) An increase in engine power
without a capital expenditure (as
defined in § 60.2);
(c) An increase in the hours of
operation;
(d) Use of an alternative fuel or raw
material if, prior to proposal of the
standard, the existing engine was
designed to accommodate that
alternative fuel or raw material;
(e) The addition or use of any system
or device whose primary function is to
reduce air pollutants, except when an
emission control system is replaced by
a system determined by the EPA to be
less environmentally beneficial; and
(f) Relocation or change in ownership
of the existing engine.
2. Reconstruction
An existing engine may become
subject to NSPS if it is reconstructed.
Reconstruction is defined in § 60.15 as
the replacement of the components of
an existing engine to the extent that: (1)
The fixed capital cost of the new
components exceeds 50 percent of the
fixed capital cost required to construct
a comparable new engine; and (2) it is
technically and economically feasible
for the engine to meet the applicable
standards. Because the EPA considers
reconstructed engines to constitute new
construction rather than modification,
reconstruction determinations are made
irrespective of changes in emission
rates. If the engine is determined to be
reconstructed, it must comply with all
of the provisions of the standards of
performance applicable to that engine.
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
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must meet the emission standards for
pre-2007 model year engines.
G. How Did EPA Determine the
Compliance Requirements for the
Proposed Rule?
Owners and operators of all engines
subject to the proposed rule are required
to operate and maintain their engine
and control device according to the
manufacturer’s written instructions.
The proposed rule requires that 2007
model year and later stationary CI
engines affected by the NSPS be
certified to the nonroad, or marine,
where applicable, CI engine emission
standards. For certified engines, the
testing done by the manufacturer will
serve to demonstrate compliance with
the emission limitations on an initial
and ongoing basis until the end of the
engine’s useful life.
The EPA specified in the proposed
rule that the certification testing for
emergency fire pump engines can be
conducted at the NFPA certified
nameplate HP of the engine, provided
that the engine manufacturer can certify
that the engine will not be used in any
application that allows higher HP and
provided that the engine is not modified
following testing. According to
emergency fire pump engine
manufacturers, NFPA 20 requires
emergency fire pump engines to have 10
percent more power capability than the
certified nameplate rating of the engine.
This additional power is never used.
Therefore, the EPA feels it is
appropriate to allow emergency fire
pump engines to be tested at the
nameplate power instead of the
maximum engine power. Manufacturers
of emergency fire pump engines are also
allowed to use an optional 3-mode test
cycle for the certification testing.
Emergency fire pump engines do not
idle and are never operated without
load. The modes in this test cycle are
sufficiently representative of the
operation of emergency fire pump
engines,
For a pre-2007 model year engine
having a displacement less than 30 liters
per cylinder, the owner or operator has
various options for demonstrating
compliance with the emission
limitations. These options will provide
flexibility to the engine owner or
operator and provide assurance of
compliance at a reasonable cost to the
owner or operator.
For owners and operators of
stationary CI ICE that have CDPF, a
backpressure monitor is required to be
installed. This monitor will notify the
owner or operator if the high
backpressure limit of the engine is
approached. The backpressure is an
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indicator of CDPF performance and can
alert the owner or operator when it is
time to clean or perform maintenance
on the particulate filter. According to
CDPF vendors, a backpressure monitor
is typically included with the CDPF
control device. The owner and operator
is required to maintain records of any
corrective action that is taken when the
monitor is activated indicating a high
backpressure. The owner and operator is
not required to report each occurrence
to the EPA, but must maintain records
of corrective action taken, as indicated,
and made available to the enforcing
agency upon request.
All owners and operators must keep
records of any notifications,
maintenance conducted on the engine,
and compliance materials used to
indicate that the engine meets the
appropriate emission standards. The
EPA is also requiring that emergency
engines install a non-resettable hour
meter. The owner or operator of the
engine is required to keep records that
document the number of hours the
engine is operated for non-emergency
purposes, but is not required to keep
records relating to the number of hours
operated during emergencies. Requiring
documentation of the number of hours
spent in non-emergency service ensures
that records are available to the
enforcing agency to verify that the
emergency engine’s operation during
testing and maintenance is limited to 30
hours per year, which is required by the
proposed rule. The EPA does not feel it
is necessary for owners and operators to
maintain records of operation during
emergencies, as operation during true
emergencies is not limited by the
proposed rule. The EPA believes that
most stationary CI ICE come equipped
with an hour meter, and expects there
to be minimal costs associated with this
requirement.
Owners and operators of stationary CI
ICE with a displacement greater than or
equal to 30 liters per cylinder are
required to demonstrate compliance by
first conducting an initial performance
test to demonstrate that the emissions
reductions requirements are met. Then,
owners and operators of these engines
must establish parameters to be
monitored on a continuous basis.
Finally, owners and operators of engines
with a displacement at or above 30 liters
per cylinder must conduct annual
performance tests to demonstrate that
the reduction requirements for NOX and
PM are being met. As previously
discussed in this preamble, engines of
this displacement are not certified
products and the compliance
requirements would necessarily fall on
the owner and operator of the engine.
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The EPA believes it is appropriate to
require initial, followed by subsequent
annual performance testing to
demonstrate compliance with the
proposed rule. Conducting a
performance test is the best way to
ensure that the emission standards are
being met. Monitoring parameters on a
continuous basis will ensure that the
engine meets the standards at all times.
H. How Did EPA Select the Methods for
Performance Testing?
The proposed NSPS for stationary CI
ICE do not require the owners or
operators to conduct performance tests
unless the engine has a displacement
greater than or equal to 30 liters per
cylinder. The EPA expects that the
majority of engines covered by the
proposed NSPS will be certified to the
nonroad or marine CI engine emission
standards. The engine manufacturers
guarantee that these engines will meet
the certified emission levels throughout
the useful life of the engine. The EPA,
therefore, does not feel it is necessary to
require any performance testing. Certain
stationary engines will not be certified
to the nonroad CI standards. For these
engines with a displacement less than
30 liters per cylinder, EPA is allowing
various options for demonstrating
compliance as previously described. For
such engines that choose to perform an
initial performance test, the
performance test must be conducted
according to the requirements specified
in the proposed NSPS. These testing
requirements are based on the
established program for testing nonroad
CI engines. The enforcing agency may at
any time at its discretion require that an
engine be tested. If so, the performance
test must be conducted in accordance
with the requirements EPA has
specified in the proposed rule. The EPA
believes it is appropriate to allow
owners and operators of non-certified
engines with a displacement less than
30 liters per cylinder to use performance
test results for a test conducted on a
similar engine or information from the
engine manufacturer or control device
vendor to demonstrate compliance with
the emission standards. The allowance
applies only to owners and operators of
pre-2007 model year stationary CI ICE.
Starting in the 2007 model year, owners
and operators are required to purchase
certified engines. The allowance would,
therefore, only affect a limited number
of engines for a short interim period
until certified engines are required.
Furthermore, allowing owners and
operators of pre-2007 model year
engines to use the information
discussed to demonstrate compliance
minimizes the cost burden that would
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otherwise be associated with each
owner and operator conducting a
performance test to demonstrate
compliance. For these reasons, EPA
believes the allowance is appropriate.
For stationary CI ICE with a
displacement of greater than or equal to
30 liters per cylinder, EPA is requiring
that owners and operators conduct
performance testing. The performance
tests will ensure that the required
percent reductions of NOX and PM are
achieved. The EPA is requiring that the
concentration of NOX be measured
using Method 7E of 40 CFR part 60,
appendix A. Method 5 of 40 CFR part
60, appendix A, must be used to
measure the concentration of PM. If the
percent reduction option is used, the
concentration measurements of NOX
and PM must be taken at the inlet and
outlet of the control device in order to
calculate the emission reduction. The
proposed rule also requires that owners
and operators of stationary CI ICE with
a displacement of greater than or equal
to 30 liters per cylinder use Method 1
or 1A for the selection of sampling ports
and traverse points, Method 3, 3A, or 3B
for determining the oxygen or carbon
dioxide concentration, Method 4 for
determining the moisture content (if
necessary), and Method 19 for emission
rates. The EPA feels it is appropriate to
require owners and operators to use the
test methods mentioned above when
demonstrating compliance with the
emission reduction requirements of the
proposed rule.
I. How Were the Reporting and
Recordkeeping Requirements Selected?
The proposed notification, reporting,
and recordkeeping requirements are
based in part on the General Provisions
of 40 CFR part 60 and represent a
reasonable level of reporting and
recordkeeping.
Owners and operators of nonemergency stationary CI ICE that are
greater than 3,000 HP, greater than or
equal to 10 liters per cylinder
displacement, or pre-2007 model year
engines greater than 175 HP and not
certified, are required to submit an
initial notification. The initial
notification must contain the
information described in the proposed
rule and includes information related to
the owner and operator, the engine and
control device, and fuel used. If the
engine is certified, the owner and
operator must keep records from the
manufacturer indicating that the engine
is certified to meet the applicable
standards. All owners and operators are
also required to keep records of all
notifications submitted to comply with
the proposed rule, any maintenance
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conducted on the engine, records of any
performance tests conducted used to
demonstrate compliance with the
emission standards, engine
manufacturer or control device vendor
information, operating parameter data
that is used to demonstrate continuing
compliance, and any other information
used to demonstrate compliance.
The proposed rule relies primarily on
engine certification to achieve emission
reductions from stationary CI ICE.
Certified stationary CI engine families
must go through rigorous testing and
approval procedures and are warranted
by the engine manufacturer to continue
to achieve the certified engine emission
levels for the useful life of the engine.
Starting with 2007 model year engines,
owners and operators will not be able to
purchase a stationary CI engine that is
not certified, except for the very largest
engine families that have engines with
a displacement of 30 liters per cylinder
or more, which have conventional
emission limitations and are not
certified. As a result, initial notification
by the owners and operators will not be
required for all but the largest certified
engines (engines larger than 2,237 KW
(3,000 HP) or with a displacement above
10 liters per cylinder) since certified
engines have been shown to be able to
achieve the intended emission
limitations and are warranted by the
engine manufacturer for its useful life.
However, EPA is requesting comment
on whether to require initial notification
for smaller engines that are still large
enough to be of substantial importance
to local air quality management and not
so small and numerous that a
notification requirement would be a
substantial burden on owners and
operators, particularly private owners
and small entities. If a commenter
believes such notification is appropriate
for smaller engines, we ask the
commenter to address the size at which
such notification would be appropriate.
In the transition period, the period
between rule proposal and 2007 model
year engines, it is expected that owners
and operators of as many as 90 percent
of the new stationary CI ICE purchased
will be able to demonstrate that the
engine is in an engine family that is
certified for nonroad CI engine
purposes. As a result, and for the same
reasons as previously discussed for all
but the largest certified stationary CI
engines, an initial notification is not
required. For those stationary CI engine
families where there are no certified
nonroad CI engines available, an initial
notification is required for those
stationary CI engines that are relatively
large and those engines enforcing
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agencies may want to keep track of
individually.
In the transition period, we are
proposing that all new stationary CI
engine families above 175 HP, which are
not certified for CI nonroad engine use,
provide an initial notification. Since we
are not proposing to require certification
for stationary engine families with a
displacement of 30 liters per cylinder or
more, these new engines will have to
provide an initial notification.
Owners and operators of stationary CI
ICE that have CDPF are required to keep
records of any corrective action taken
after the backpressure monitor has
activated and notified the owner or
operator that the backpressure limit has
been reached.
Owners and operators of emergency
engines are not required to submit an
initial notification, but must keep
records of the number of hours spent
during non-emergencies through the use
of a non-resettable hour meter. The EPA
believes that maintaining records of
these hours is a reasonable requirement
and ensures compliance with the 30
hours per year limit for operation during
maintenance and testing.
V. Summary of Environmental, Energy
and Economic Impacts
A. What Are the Air Quality Impacts?
The proposed rule will reduce NOX
emissions from stationary CI ICE by an
estimated 38,000 tpy, PM emissions by
about 3,000 tpy, 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. The EPA estimates
that approximately 81,500 stationary CI
ICE will be affected by the proposed
rule in the year 2015. Of these, the EPA
estimates that 20 percent are used in
non-emergency applications. The EPA
does not expect there to be any
stationary CI ICE with a displacement of
30 liters per cylinder or more, and,
therefore, no emissions or emissions
reductions have been estimated. A
secondary impact of the proposed rule
is the reduction of HAP that will result
from the use of CDPF. The EPA
estimates that emissions of HAP will be
reduced by approximately 93 tons in the
year 2015.
B. What Are the Cost Impacts?
The total costs of the proposed rule
are mostly based on the cost associated
with purchasing and installing NOX
adsorber and CDPF controls on non-
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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. The
EPA does not expect that any 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 proposed
rule can be found in a memorandum
included in the docket (Docket ID. No.
OAR–2005–0029).
The total national capital cost for the
proposed 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 model year for which all
stationary CI ICE would have to meet
the final Tier 4 emission standards.
C. What Are the Economic Impacts?
The proposed rule affects new sources
of nonroad 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 the Agency last
year, that estimates changes in prices
and output for affected sources using
the annual compliance costs estimated
for the proposed 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
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changes in consumer and producer
behavior in response to the compliance
costs, are $39.1 million (2002 dollars) 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 proposed rule.
For more information, please refer to
the economic impact analysis report
that is in the public docket for the
proposed rule.
D. What Are the Non-Air Health,
Environmental and Energy Impacts?
The EPA does not anticipate any
significant non-air health,
environmental or energy impacts as a
result of the proposed rule.
VI. Solicitation of Comments and Public
Participation
The EPA seeks full public
participation in arriving at its final
decisions, and strongly encourages
comments on all aspects of the proposed
rule from all interested parties.
Whenever applicable, full supporting
data and detailed analysis should be
submitted to allow the EPA to make
maximum use of the comments. The
Agency invites all parties to coordinate
their data collection activities with the
EPA to facilitate mutually beneficial and
cost-effective data submissions.
Specifically, we request comments on
whether we should apply the generator
standards for NOX for non-emergency
stationary ICE greater than 750 HP. The
proposed standards for non-generators
are not based on the use of add-on
control and are less stringent than the
proposed standards for generator sets.
We believe there may be technologies
available to allow us to set more
stringent standards for non-generators
and request public comment on this
issue.
We are also requesting comment on
the appropriateness of including the
exemption provisions of 40 CFR
1068.240, which relate to replacement
engines. We do not necessarily believe
that an exemption for replacement
engines is entirely needed and expect
that such an exemption would be more
appropriate for nonroad engines.
Although we do not anticipate that
stationary engines will require this
exemption, we are asking the public for
comment on this issue. We also ask
comment on whether the other
exemption provisions of that subpart are
appropriate for stationary engines.
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We are requesting comment on
whether owners and operators of
stationary ICE with a displacement of 30
liters per cylinder or more should be
required to use ULSD fuel. As indicated
earlier in this preamble, we believe that
these stationary CI ICE should be able to
use ULSD fuel, however, we are asking
for public comment on this issue.
We are also requesting comment on
the agency’s conclusion that the best
demonstrated technology for the sources
regulated under the proposed rule
includes an ABT program with
emissions limitations that reflect EPA’s
understanding of technology. We also
invite comments from interested parties
on our decision that the limitations
should be applied at the manufacturer
level to various product lines.
Finally, we request public comment
on the proposed emission standards for
stationary CI ICE with a displacement of
30 liters per cylinder or greater. We are
requesting any PM emissions test data
available from stationary CI ICE that are
using ESP to reduce emissions. If you
submit PM emissions tests data, please
submit the full and complete emission
test report with these data. The
information submitted to EPA should
include sections describing the
stationary CI engine and its operation
during the test as well as identifying the
stationary CI engine for purposes of
verification, description of the emission
control device, fuel used, discussion of
the test methods employed and the
quality assurance/quality control
procedures followed, the raw data
sheets, all the calculations, etc.
VII. 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;
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(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.
B. Paperwork Reduction Act
The information collection
requirements in the proposed 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 proposed 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.
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39891
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.
To comment on the Agency’s need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, including the use of
automated collection techniques, EPA
has established a public docket for this
rule, which includes this ICR, under
Docket ID number OAR–2005–0029.
Submit any comments related to the ICR
for this proposed rule to EPA and OMB.
See ADDRESSES section at the beginning
of this notice for where to submit
comments to EPA. Send comments to
OMB at the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503,
Attention: Desk Office for EPA. Since
OMB is required to make a decision
concerning the ICR between 30 and 60
days after July 11, 2005, a comment to
OMB is best assured of having its full
effect if OMB receives it by August 10,
2005. The final rule will respond to any
OMB or public comments on the
information collection requirements
contained in this proposal.
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-
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profit enterprises, and small
governmental jurisdictions.
For the purposes of assessing the
impacts of the proposed 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 notfor-profit enterprise which is
independently owned and operated and
is not dominant in its field.
After considering the economic
impacts of today’s proposal on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
The small entities directly regulated by
the proposed rule are businesses within
the NAICS codes mentioned above.
There are 104 ultimate parent
businesses that will be affected by the
proposal. 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 proposed rule, and
one of these four will have an
compliance cost of more than 3 percent
of sales. For more information on the
small entity impacts, please refer to the
economic impact and small business
analyses in the rulemaking docket.
Although the proposed rule will not
have a significant economic impact on
a substantial number of small entities,
EPA nonetheless tried to reduce the
impact of the proposed rule on small
entities. A majority of the affected
facilities are primarily small entities
(e.g., small businesses). When
developing the proposed rule, EPA took
special steps to ensure that the burdens
imposed on small entities were
reasonable.
The EPA is including the same
provisions for small manufacturers and
small refiners that the nonroad CI
engine rule does. The 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
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CI ICE are subject to minimum reporting
and owners and operators of emergency
stationary CI ICE do not have to submit
any reports. The 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 proposed rule
that is achievable for this segment.
Following the publication of the
promulgated rule, copies of the Federal
Register notice and, in some cases,
background documents are mailed to all
industries and organizations who have
had input during the regulation
development and to relevant State and
local agencies. Trade Associations
distributed copies of the Federal
Register action to their members. We
continue to be interested in the
potential impacts of the proposed rule
on small entities and welcome
comments on issues related to such
impacts.
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 the EPA
to identify and consider a reasonable
number of regulatory alternatives and
adopt the least-costly, most costeffective, 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 leastcostly, most cost-effective, or leastburdensome 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
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
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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.
The EPA has determined that today’s
proposed 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, today’s proposed rule
is not subject to the requirements of
sections 202 and 205 of the UMRA. In
addition, EPA has determined that the
proposed 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
proposed 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 proposed 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 proposed
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 proposed
rule. In the spirit of Executive Order
13132, and consistent with EPA policy
to promote communications between
EPA and State and local governments,
EPA specifically solicits comment on
the proposed rule from State and local
officials.
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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.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
The proposed 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 proposed 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.
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 proposed rule is not
subject to Executive Order 13045
because it is based on technology
performance and not on health or safety
risks.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
The proposed 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 proposed rule. The
estimated increase in demand for ultralow sulfur diesel fuel (ULSD) in 2015
(the year for which the impacts of the
proposed rule are estimated) associated
with the proposed 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 proposed 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 proposed 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 the 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
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Congress, through annual reports to the
OMB, with explanations when an
agency does not use available and
applicable voluntary consensus
standards.
The proposed rule involves technical
standards. The 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 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, 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 nonpetroleum diesel
fuel. The procedures in 40 CFR part
1065 also allow any CARB or
International Organization for
Standardization (ISO) standard if shown
to be equivalent. Other test methods
cited in the proposed rule are EPA
Methods 1, 1A, 3, 3A, 3B, 4, 5, and 7E
of 40 CFR part 60, appendix A.
Consistent with the NTTAA, the 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 as written,
but may be acceptable if minor
adjustments are made to the procedures.
The EPA invites comments on the use
of this ISO standard for today’s
proposed rule.
The voluntary consensus standard
ISO 8178–1:1996, ‘‘Reciprocating ICE—
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 §§ 60.4212 and 60.4213 of
the proposed rule (specifically 40 CFR
86.1310) for the following reasons.
Although ISO 8178–1:1996 has many of
the features of the EPA test procedures,
the ISO standard allows the gaseous
measurements to be made in an
undiluted sample whereas the 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
particulate matter, 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 °C
and advises that the flow capacity of the
sample lines is used to prevent
condensation. In the EPA procedures in
40 CFR 86.1310, the sample lines must
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be maintained at 191 °C during the
hydrocarbon tests to prevent
condensation.
Sections 60.4212 and 60.4213 of the
proposed rule lists the testing methods
included in the regulation. Under
§§ 60.8 and 60.13 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.
List of Subjects
40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping
requirements.
40 CFR Part 85
Environmental protection, Imports,
Labeling, Motor vehicle pollution,
Reporting and recordkeeping
requirements, Research, Warranties.
40 CFR Part 89
Environmental protection,
Administrative practice and procedure,
Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping
requirements, Research, Vessels,
Warranties.
40 CFR Part 94
Environmental protection,
Administrative practice and procedure,
Air pollution control, Imports,
Penalties, Reporting and recordkeeping
requirements, Vessels, Warranties.
40 CFR Part 1039
Environmental protection,
Administrative practice and procedure,
Air pollution control.
40 CFR Part 1065
Environmental protection,
Administrative practice and procedure,
Air pollution control, Imports,
Penalties, Reporting and recordkeeping
requirements, Research, Vessels,
Warranties.
40 CFR Part 1068
Environmental protection,
Administrative practice and procedure,
Imports, Motor vehicle pollution,
Penalties, Reporting and recordkeeping
requirements, Warranties.
Dated: June 29, 2005.
Stephen L. Johnson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, part 60, of
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the Code of Federal Regulations is
proposed to be amended to read as
follows:
PART 60—[AMENDED]
1. The authority citation for part 60
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 60 is amended by adding
subpart IIII to read as follows:
Subpart IIII—Standards of
Performance for Stationary
Compression Ignition Internal
Combustion Engines
Sec.
What This Subpart Covers
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?
Other Requirements for Owners and
Operators
60.4208 What is the deadline for
purchasing 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?
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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?
Definitions
60.4216 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 Stationary Fire Pump
Engines
Table 3 to Subpart IIII of Part 60.—Labeling
Requirements for New Stationary
Emergency Engines
Table 4 to Subpart IIII of Part 60.—Optional
3-Mode Test Cycle for Stationary Fire
Pump Engines
Table 5 to Subpart IIII of Part 60.—
Requirements for Performance Tests for
Stationary CI ICE with a displacement of
≥30 liters per cylinder
Subpart IIII—Standards of Performance
for Stationary Compression Ignition
Internal Combustion Engines
What This Subpart Covers
§ 60.4200
Am I subject to this subpart?
The provisions of this subpart are
applicable to all owners or operators of
stationary compression ignition (CI)
internal combustion engines (ICE) that
commence construction, modification or
reconstruction after July 11, 2005 and to
manufacturers of 2007 and later model
year CI ICE. For the purposes of this
subpart, the date of construction is the
date the engine is ordered by the owner
or operator, except that (a) stationary CI
ICE that are not fire pump engines and
are manufactured prior to April 1, 2006
shall not be considered constructed after
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July 11, 2005; and (b) stationary CI ICE
that are fire pump engines and are
manufactured prior to July 1, 2006 shall
not be considered constructed after July
11, 2005.
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?
(a) Stationary CI internal combustion
engine manufacturers must certify their
2007 model year and later nonemergency 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 nonemergency 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 of 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 nonemergency 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 nonemergency 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.
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§ 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
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, the first line of table 1 of 40 CFR
1039.101 for all pollutants for engines
with a maximum engine power less than
19 KW (25 HP) beginning in the 2015
model year, the second line of table 1
of 40 CFR 1039.101 for NOX + NMHC
and CO for engines with a maximum
engine power greater than or equal to 19
KW (25 HP) and less than 56 KW (75
HP) beginning in the 2015 model year,
table 1 of 40 CFR 1039.102 for all
pollutants for engines with a maximum
engine power less than 19 KW (25 HP)
from model years 2008 to 2014, the first
line of table 2 of 40 CFR 1039.102 for
all pollutants for engines with a
maximum engine power greater than or
equal to 19 KW (25 HP) and less than
37 KW (50 HP) from model years 2008
to 2014 (2008 and all later model years
for PM), and the first line of table 3 of
40 CFR 1039.102 for all pollutants for
engines with a maximum engine power
greater than or equal to 37 KW (50 HP)
and less than 56 KW (75 HP) from
model years 2012 to 2014 (2008 and all
later model years for PM).
(b) Stationary CI internal combustion
engine manufacturers must certify their
2007 through 2010 model year
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 in table 1 of
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 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 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 beginning in model year
2011.
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(d) 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.
(e) Stationary CI internal combustion
engine manufacturers must certify their
2007 model year and later fire pump
stationary CI ICE to the emission
standards in table 2 of this subpart, for
all pollutants, for the same model year
and maximum engine power.
§ 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 §§ 60.4201 and
60.4202 during the useful life of the
engines.
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?
(a) Owners and operators that
purchase pre-2007 model year nonemergency stationary CI ICE with a
displacement of less than 10 liters per
cylinder must comply with the emission
standards in table 1 of this subpart.
Owners and operators that purchase
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 that
purchase 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
§ 60.4201 for their 2007 model year and
later stationary CI ICE, as applicable.
(c) Owners and operators of nonemergency 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
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engine exhaust to 0.40 grams per KWhour (0.30 grams per HP-hour).
(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 0.12 grams per KWhour (0.09 grams per HP-hour).
stationary CI ICE that achieve the
emission standards as required in
§§ 60.4204 and 60.4205 according to the
manufacturer’s written instructions over
the entire life of the 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?
§ 60.4207 What fuel requirements must I
meet if I am an owner or operator of a
stationary CI internal combustion engine?
(a) Owners and operators that
purchase 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 of this subpart.
Owners and operators that purchase
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 that
purchase 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
§ 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 that
purchase fire pump engines with a
displacement of less than 30 liters per
cylinder must comply with the emission
standards in table 2 of 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 nitrogen oxides (NOX)
emissions by 90 percent or more, or
limit the emissions of NOX in the
stationary CI internal combustion
engine exhaust to 0.40 grams per KWhour (0.30 grams per HP-hour).
(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 0.12 grams per KWhour (0.09 grams per HP-hour).
§ 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
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Fuel Requirements for Owners and
Operators
(a) Beginning October 1, 2007, owners
and operators of stationary CI ICE 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 that
use diesel fuel must use diesel fuel that
meets the requirements of 40 CFR
80.510(b).
Other Requirements for Owners and
Operators
§ 60.4208 What is the deadline for
purchasing stationary CI ICE produced in
the previous model year?
(a) Owners and operators may not
install pre-2007 model year stationary
CI ICE after June 30, 2007.
(b) Owners and operators may not
install pre-2008 model year stationary
CI ICE with a maximum engine power
of less than 19 KW (25 HP) after June
30, 2008.
(c) Owners and operators may not
install pre-2013 model year nonemergency 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) after June 30, 2013.
(d) Owners and operators may not
install pre-2012 model year nonemergency 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) after June 30, 2012.
(e) Owners and operators may not
install pre-2011 model year nonemergency stationary CI ICE with a
maximum engine power of greater than
or equal to 130 KW (175 HP) after June
30, 2011, including those above 560 KW
(750 HP).
(f) Owners and operators may not
install pre-2015 model year nonemergency stationary CI ICE with a
maximum engine power of greater than
or equal to 560 KW (750 HP) after June
30, 2015.
(g) The requirements of this section
do not apply to owners and operators of
stationary CI ICE that have been
modified or reconstructed.
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§ 60.4209 What are the monitoring
requirements if I am an owner or operator
of a stationary CI internal combustion
engine?
(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 § 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
§ 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
§§ 60.4201(a) through (c) and 60.4202(a)
through (c) and (e) 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.
(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 § 60.4201(d) and
§ 60.4202(d) 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 also meet
the requirements of 40 CFR 1039.120, 40
CFR 1039.125, 40 CFR 1039.130, 40 CFR
1039.135, or 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.
Stationary CI internal combustion
engine manufacturers must also meet
the requirements of 40 CFR part 1068.
Labels on such engines must refer to
stationary engines, rather than or in
addition to nonroad or marine engines,
as appropriate.
(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
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Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules
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 3 of this subpart,
stationary CI internal combustion
engine manufacturers must add a
permanent label stating that the engine
is for 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 § 60.4202 but does not meet
all the emission standards for nonemergency engines in § 60.4201. The
label must be added according to the
labeling requirements specified in 40
CFR 1039.135(b).
(g) Manufacturers of fire pump
engines may use the test cycle in table
4 of this subpart for testing fire pump
engines. Fire pump engines may test at
the National Fire Protection Association
(NFPA) certified nameplate HP,
provided that the engine manufacturer
can certify that the engine will not be
used in any application that allows
higher HP and provided that the engine
is not modified following testing.
§ 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.
You must also meet the requirements of
40 CFR part 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 §§ 60.4204(a), 60.4205(a), or
(c), you must demonstrate compliance
according to one of the methods
specified in paragraphs (b)(1) through
(5) of this section.
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(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 § 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 §§ 60.4204(b), or 60.4205(b)
or (c), you must comply by purchasing
an engine certified to the emission
standards in §§ 60.4204(b), or 60.4205(b)
or (c), as applicable, for the same model
year and maximum 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 §§ 60.4204(c) or
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 § 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
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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,
conducting annual performance tests to
demonstrate continuous compliance
with the emission standards as specified
in § 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 the
manufacturer, the vendor, or the
insurance company associated with the
engine. Maintenance checks and
readiness testing of such units is limited
to 30 hours per year. There is no time
limit on the use of emergency stationary
ICE in emergency situations.
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?
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).
(c) Exhaust emissions from stationary
CI ICE that are complying with the
emission standards for new CI engines
in 40 CFR 89.112 must not exceed the
NTE numerical requirements, rounded
to the same number of decimal places as
the applicable standard in 40 CFR
E:\FR\FM\11JYP2.SGM
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Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules
C adj = C d
ER = Emission rate in grams per KWhour.
Cadj = Calculated NOX concentration in
ppm adjusted to 15 percent O2.
1.912x10¥3 = conversion constand for
ppm NOX to grams per standard
cubic meter.
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(Eq. 3)
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:
ER =
Where:
5.9
20.9 − % O 2
C adj × 1.912 × 10 −3 × Q × T
KW-hour
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:
X CO 2 =
5.9
Fo
(Eq. 5)
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:
C adj = C d
X CO 2
% CO 2
(Eq. 6)
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:
(Eq. 7)
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.
PM in the engine exhaust using
Equation 8 of this section:
(f) To determine compliance with the
PM mass per unit output emission
limitation, convert the concentration of
Where:
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ER =
C adj × Q × T
KW-hour
(Eq. 8)
ER = Emission rate in grams per KWhour.
E:\FR\FM\11JYP2.SGM
EP11JY05.006</MATH>
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 § 60.8 and under the
specific conditions that this subpart
specifies in table 5.
(b) You may not conduct performance
tests during periods of startup,
shutdown, or malfunction, as specified
in § 60.8(c).
(c) You must conduct three separate
test runs for each performance test
required in this section, as specified in
§ 60.8(f). Each test run must last at least
1 hour.
(d) To determine compliance with the
percent reduction requirement, you
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.
(Eq. 4)
EP11JY05.005</MATH>
§ 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?
(Eq. 2)
0.209 Fd
Fc
EP11JY05.004</MATH>
Where:
STD = The standard specified for that
pollutant in §§ 60.4204(a),
60.4205(a), or (c).
Ci − Co
× 100 = R
Ci
Fo =
EP11JY05.003</MATH>
Where:
STD = The standard specified for that
pollutant in 40 CFR 89.112.
(d) Exhaust emissions from stationary
CI ICE that are complying with the
emission standards for pre-2007 model
year engines in §§ 60.4204(a),
60.4205(a), or 60.4205(c) must not
exceed the NTE numerical
requirements, rounded to the same
number of decimal places as the
applicable standard in §§ 60.4204(a),
60.4205(a), or 60.4205(c), determined
from the equation in paragraph (c) of
this section.
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:
11JYP2
EP11JY05.002</MATH>
89.112, determined from the following
equation:
NTE requirement for each pollutant =
(1.25) × (STD) (Eq. 1)
EP11JY05.000</MATH> EP11JY05.001</MATH>
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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
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?
(a) Owners and operators of nonemergency 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 § 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. The
owner or operator must keep records of
the operation of the engine in nonemergency service that is recorded
through the non-resettable hour meter.
(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
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operation is limited to emergency
situations and required testing.
Examples include stationary ICE used to
produce power for critical networks or
equipment (including power supplied to
Special Requirements
portions of a facility) when electric
power from the local utility is
§ 60.4215 What requirements must I meet
interrupted, or stationary ICE used to
for engines used in Guam, American
Samoa, or the Commonwealth of the
pump water in the case of fire or flood,
Northern Mariana Islands?
etc.
Engine manufacturer means the
(a) Stationary CI ICE that are used in
manufacturer of the engine. See the
Guam, American Samoa, or the
Commonwealth of the Northern Mariana definition of ‘‘manufacturer’’ in this
section.
Islands are required to meet the
Fire pump engine means an
applicable emission standards in
§ 60.4205. Non-emergency stationary CI emergency stationary internal
combustion engine certified to NFPA
ICE with a displacement of greater than
requirements that is used to provide
or equal to 30 liters per cylinder, must
power to pump water for fire
meet the applicable emission standards
suppression or protection.
in § 60.4204(c).
Manufacturer has the meaning given
(b) Stationary CI ICE that are used in
in section 216(1) of the Act. In general,
Guam, American Samoa, or the
Commonwealth of the Northern Mariana this term includes any person who
Islands are not required to meet the fuel manufactures a stationary engine for
sale in the United States or otherwise
requirements in § 60.4207.
introduces a new stationary engine into
Definitions
commerce in the United States. This
includes importers who import
§ 60.4216 What definitions apply to this
stationary engines for resale.
subpart?
Maximum engine power means
As used in this subpart, all terms not
maximum engine power as defined in
defined herein shall have the meaning
40 CFR 1039.801.
given them in the CAA and in subpart
Model year means either:
A of this part.
(1) The calendar year in which the
Combustion turbine means all
engine was originally produced, or
equipment, including but not limited to
(2) The annual new model production
the turbine, the fuel, air, lubrication and period of the engine manufacturer if it
exhaust gas systems, control systems
is different than the calendar year. This
(except emissions control equipment),
must include January 1 of the calendar
and any ancillary components and subyear for which the model year is named.
components comprising any simple
It may not begin before January 2 of the
cycle combustion turbine, any
previous calendar year and it must end
regenerative/recuperative cycle
by December 31 of the named calendar
combustion turbine, the combustion
year. For an engine that is converted to
turbine portion of any cogeneration
a stationary engine after being placed
cycle combustion system, or the
into service as a nonroad or other noncombustion turbine portion of any
stationary engine, model year means the
combined cycle steam/electric
calendar year or new model production
generating system.
period in which the engine was
Compression Ignition means relating
originally produced.
to a type of stationary internal
Other internal combustion engine
combustion engine that is not a spark
means any internal combustion engine,
ignition engine.
except combustion turbines, which is
Diesel fuel means any liquid obtained not a reciprocating internal combustion
from the distillation of petroleum with
engine or rotary internal combustion
a boiling point of approximately 150 to
engine.
360 degrees Celsius. One commonly
Reciprocating internal combustion
used form is number 2 distillate oil.
engine means any internal combustion
Diesel particulate filter means an
engine which uses reciprocating motion
emission control technology that
to convert heat energy into mechanical
reduces PM emissions by trapping the
work.
particles in a flow filter substrate and
Rotary internal combustion engine
periodically removes the collected
means any internal combustion engine
particles by either physical action or by
which uses rotary motion to convert
oxidizing (burning off) the particles in a heat energy into mechanical work.
Spark ignition means relating to a
process called regeneration.
gasoline, natural gas, or liquefied
Emergency stationary internal
combustion engine means any stationary petroleum gas fueled engine or any
other type of engine with a spark plug
internal combustion engine whose
backpressure monitor has notified the
owner or operator that the high
backpressure limit of the engine is
approached.
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Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules
(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, 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.
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 §§ 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 of <10 liters per
cylinder in g/KW-hr (g/HP-hr)
Engine power
NMHC +
NOX
KW<8 (HP<11) ........................................................................................
8≤KW<19 (11≤HP<25) .............................................................................
19≤KW<37 (25≤HP<50) ...........................................................................
37≤KW<56 (50≤HP<75) ...........................................................................
56≤KW<75 (75≤HP<100) .........................................................................
75≤KW<130 (100≤HP<175) .....................................................................
130≤KW<225 (175≤HP<300) ...................................................................
225≤KW<450 (300≤HP<600) ...................................................................
450≤KW≤560 (600≤HP≤750) ...................................................................
KW>560 (HP>750) ..................................................................................
HC
NOX
CO
PM
10.5 (7.8)
9.5 (7.1)
9.5 (7.1)
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
1.3 (1.0)
1.3 (1.0)
1.3 (1.0)
1.3 (1.0)
....................
....................
....................
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
9.2 (6.9)
8.0 (6.0)
6.6 (4.9)
5.5 (4.1)
....................
....................
....................
11.4 (8.5)
11.4 (8.5)
11.4 (8.5)
11.4 (8.5)
1.0 (0.75)
0.80 (0.60)
0.80 (0.60)
....................
....................
....................
0.54 (0.40)
0.54 (0.40)
0.54 (0.40)
0.54 (0.40)
Table 2 to Subpart IIII of Part 60.—Emission Standards for Stationary Fire Pump Engines
As stated in §§ 60.4202(e) and 60.4205(c), you must comply with the following emission standards for stationary fire pump engines:
Emission standards for stationary fire
pump engines in g/KW-hr (g/HP-hr)
Engine power
Model year(s)
NMHC +
NOX
KW<8 (HP<11) .....................................................
8≤KW<19 (11≤HP<25) .........................................
19≤KW<37 (25≤HP<50) .......................................
37≤KW<56 (50≤HP<75) .......................................
56≤KW<75 (75≤HP<100) .....................................
75≤KW<130 (100≤HP<175) .................................
130≤KW<225 (175≤HP<300) ...............................
225≤KW<450 (300≤HP<600) ...............................
450≤KW≤ 560 (600≤HP≤750) ..............................
KW>560 (HP>750) ...............................................
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2010 and earlier ...................................................
2011+ ....................................................................
2010 and earlier ...................................................
2011+ ....................................................................
2010 and earlier ...................................................
2011+ ....................................................................
2010 and earlier ...................................................
2011+ 1 .................................................................
2010 and earlier ...................................................
2011+ 1 .................................................................
2009 and earlier ...................................................
2010+ 2 .................................................................
2008 and earlier ...................................................
2009+ 3 .................................................................
2008 and earlier ...................................................
2009+ 3 .................................................................
2008 and earlier ...................................................
2009+ ....................................................................
2007 and earlier ...................................................
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10.5
7.5
9.5
7.5
9.5
7.5
10.5
4.7
10.5
4.7
10.5
4.0
10.5
4.0
10.5
4.0
10.5
4.0
10.5
11JYP2
(7.8)
(5.6)
(7.1)
(5.6)
(7.1)
(5.6)
(7.8)
(3.5)
(7.8)
(3.5)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
(3.0)
(7.8)
CO
8.0 (6.0)
....................
6.6 (4.9)
....................
5.5 (4.1)
....................
5.0 (3.7)
....................
5.0 (3.7)
....................
5.0 (3.7)
....................
3.5 (2.6)
....................
3.5 (2.6)
....................
3.5 (2.6)
....................
3.5 (2.6)
PM
1.0
0.40
0.80
0.40
0.80
0.30
0.80
0.30
0.80
0.40
0.80
0.30
0.54
0.20
0.54
0.20
0.54
0.20
0.54
(0.75)
(0.30)
(0.60)
(0.30)
(0.60)
(0.22)
(0.60)
(0.22)
(0.60)
(0.30)
(0.60)
(0.22)
(0.40)
(0.15)
(0.40)
(0.15)
(0.40)
(0.15)
(0.40)
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Emission standards for stationary fire
pump engines in g/KW-hr (g/HP-hr)
Engine power
Model year(s)
NMHC +
NOX
2008+ ....................................................................
CO
6.4 (4.8)
PM
....................
0.20 (0.15)
1 In
model years 2011–2013, manufacturers of fire pump stationary CI ICE with a rated speed of greater than 2,650 revolutions per minute
(rpm) may certify fire pump stationary CI ICE with a rated speed of greater than 2,650 rpm to the emission limitations for 2010 model year engines.
2 In model years 2010–2012, manufacturers of fire pump stationary CI ICE with a rated speed of greater than 2,650 rpm may certify fire pump
stationary CI ICE with a rated speed of greater than 2,650 rpm to the emission limitations for 2009 model year engines.
3 In model years 2009–2011, manufacturers of fire pump stationary CI ICE with a rated speed of greater than 2,650 rpm may certify 2009–
2011 model year fire pump stationary CI ICE with a rated speed of greater than 2,650 rpm to the emission limitations for 2008 model year
engines.
Table 3 to Subpart IIII of Part 60.—Labeling Requirements for New Stationary Emergency Engines
As stated in § 60.4210(f), you must comply with the following labeling requirements for new emergency stationary CI ICE:
Starting model year engine manufacturers must label new stationary
emergency engines according to
§ 60.4210(f)
Starting power
19≤KW<56, (25≤HP<75) .................................................................................................................................
56≤KW<130, (75≤HP<175) .............................................................................................................................
KW≥130, (HP≥175) ..........................................................................................................................................
2013
2012
2011
Table 4 to Subpart IIII of Part 60.—Optional 3-Mode Test Cycle for Stationary Fire Pump Engines
As stated in § 60.4210(g), manufacturers of fire pump engines may use the following test cycle for testing fire pump engines:
Torque
(percent) 2
Mode No.
Engine speed 1
1 ....................................................................................
2 ....................................................................................
3 ....................................................................................
Rated ............................................................................
Rated ............................................................................
Rated ............................................................................
1 Engine
Weighting
factors
100
75
50
0.30
0.50
0.20
speed: ± 2 percent of point.
NFPA certified nameplate HP for 100 percent point. All points should be ± 2 percent of engine percent load value.
2 Torque:
Table 5 to Subpart IIII of Part 60.—Requirements for Performance Tests for Stationary CI ICE With a Displacement of ≥30 Liters Per
Cylinder
As stated in § 60.4213, you must comply with the following requirements for performance tests for stationary CI ICE with a displacement
of ≥30 liters per cylinder:
For each
Complying with the requirement to
You must
1. Stationary CI Internal
combustion engine with
a displacement of ≥ 30
liters per cylinder.
a. Reduce NOX emissions
by 90 percent of more.
1. Select the sampling port
location and the number
of traverse points;
(1) Method 1 or 1A of 40
CFR part 60, appendix
A.
ii. Measure O2 at the inlet
and outlet of the control
device;
(2) Method 3, 3A, or 3B of
40 CFR part 60, appendix A.
iii. If necessary, measure
moisture content at the
inlet and outlet of the
control device; and
(3) Method 4 of 40 CFR
part 60, appendix A.
iv. Measure NOX at the
inlet and outlet of the
control device.
(4) Method 7E of 40 CFR
part 60, appendix A.
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E:\FR\FM\11JYP2.SGM
11JYP2
According to the following
requirements
(a) Sampling sites must be
located at the inlet and
outlet of the control device.
(b) Measurements to determine O2 concentration
and moisture must be
made at the same time
as the measurements
for NOX concentration.
(c) Measurements to determine O2 concentration
and moisture must be
made at the same time
as the measurements
for NOX concentration.
(d) NOX concentration
must be at 15 percent
O2 dry basis. Results of
this test consist of the
average of the three 1hour or longer runs.
39902
Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules
Complying with the requirement to
You must
b. Limit the concentration
of NOX in the stationary
CI internal combustion
engine exhaust.
i. Select the sampling port
locations and the number of traverse points;
(1) Method 1 of 1A of 40
CFR part 60, appendix
A.
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location; and
iii. If necessary measure
moisture content of the
stationary internal combustion engine exhaust
at the sampling port location; and
iv. Measure NOX at the
exhaust of the stationary
internal combustion engine.
(2) Method 3, 3A, or 3B of
40 CFR part 60, Appendix A.
i. Select the sampling port
location and the number
of traverse points;
(1) Method 1 or 1A of 40
CFR part 60, appendix
A.
ii. Measure O2 at the inlet
and outlet of the control
device;
(2) Method 3, 3A, or 3B of
40 CFR part 60, appendix A.
iii. If necessary measure
moisture content at the
inlet and outlet of the
control device; and
(3) Method 4 of 40 CFR
part 60, appendix A.
iv. Measure PM at the inlet
and outlet of the control
device.
(4) Method 5 of 40 CFR
part 60, appendix A.
i. Select the sampling port
location and the number
of traverse points;
(1) Method 1 or 1A of 40
CFR part 60, appendix
A.
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location; and
iii. If necessary measure
moisture content of the
stationary internal combustion engine exhaust
at the sampling port location; and
iv. Measure PM at the exhaust of the stationary
internal combustion engine.
For each
(2) Method 3, 3A or 3B of
40 CFR part 60, appendix A.
c. Reduce PM emissions
by 60 percent or more.
d. Limit the concentration
of PM in the stationary
CI internal combustion
engine exhaust.
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Using
(3) Method 4 of 40 CFR
part 60, appendix A.
(4) Method 7E of 40 CFR
part 60, appendix A.
(3) Method 4 of 40 CFR
part 60, appendix A.
(4) Method 5 of 40 CFR
part 60, appendix A.
E:\FR\FM\11JYP2.SGM
11JYP2
According to the following
requirements
(a) if using control device,
the sampling site must
be located at the T the
outlet of the control device.
(b) Measurements to determine O2 concentration
and moisture must be
made at the same time
as the measurement for
NOX concentration.
(c) Measurements to determine O2 concentration
and moisture must be
made at the same time
as the measurement for
NOX concentration.
(d) NOX concentration
must be at 15 percent
O2 dry basis. Results of
this test consist of the
average of the three 1hour or longer runs.
(a) Sampling sites must be
located at the inlet and
outlet of the control device.
(b) Measurements to determine O2 concentration
and moisture must be
made at the same time
as the measurements
for PM concentration.
(c) Measurements to determine O2 concentration
and moisture must be
made at the same time
as the measurements
for PM concentration.
(d) PM concentration must
be at 15 percent O2 dry
basis. Results of this
test consist of the average of the three 1-hour
or longer runs.
(a) If using a control device, the sampling site
must be located at the
outlet of the control device.
(b) Measurements to determine O2 concentration
and moisture must be
made at the same time
as the measurements
for PM concentration.
(c) Measurements to determine O2 concentration
and moisture must be
made at the same time
as the measurements
for PM concentration.
(d) PM concentration must
be at 15 percent O2 dry
basis. Results of this
test consist of the average of the three 1-hour
or longer runs.
Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules
8. Section 89.1 is amended by adding
paragraph (c) to read as follows:
§ 94.8. As 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.
§ 89.1
PART 1039—[AMENDED]
PART 85—[AMENDED]
PART 89—[AMENDED]
3. The authority citation for part 85
continues to read as follows:
7. The authority citation for part 89
continues to read as follows:
Authority: 42 U.S.C. 7401–7671q.
Authority: 42 U.S.C. 7401–7671q.
4. Section 85.2401 is amended by
revising paragraphs (a)(6), (a)(11), and
(a)(12) and adding paragraph (a)(13) to
read as follows:
§ 85.2401
apply?
To whom do these requirements
(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).
5. 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:
§ 85.2403
subpart?
What definitions apply to this
(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.
6. Section 85.2405 is amended by
adding paragraph (e) to read as follows:
*
§ 85.2405
*
*
*
*
(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.
VerDate jul<14>2003
16:33 Jul 08, 2005
Jkt 205001
Applicability.
*
*
*
*
*
(c) This part applies as specified in 40
CFR part 60 subpart IIII, to compressionignition engines subject to the standards
of 40 CFR part 60, subpart IIII.
9. Section 89.115 is amended by
adding paragraph (d)(11) to read as
follows:
§ 89.115
Application for certificate.
*
*
*
*
*
(d) * * *
(11) A statement indicating whether
the engine family contains only nonroad
engines, only stationary engines, or
both.
10. Section 89.201 is revised to read
as follows:
§ 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. As 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]
11. The authority citation for part 94
continues to read as follows:
Authority: 42 U.S.C. 7401–7671q.
12. Section 94.1 is amended by
adding paragraph (d) to read as follows:
§ 94.1
Applicability.
*
How much are the fees?
*
39903
*
*
*
*
(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.
13. Section 94.301 is revised to read
as follows:
§ 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
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14. The authority citation for part
1039 continues to read as follows:
Authority: 42 U.S.C. 7401–7671q.
15. Section 1039.1 is amended by
revising paragraph (c) to read as follows:
§ 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 § 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.
*
*
*
*
*
16. Section 1039.20 is amended by
revising paragraphs (a) and adding
paragraph (c) to read as follows:
§ 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
§ 1039.1(c) as a stationary engine and is
not required by 40 CFR 60, subpart IIII,
to meet the requirements of this part
1039. 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
§ 1039.135(g) regarding duplicate labels
if the engine label is obscured in the
final installation.
*
*
*
*
*
(c) Stationary engines required by 40
CFR 60, subpart IIII, to meet the
requirements of this part 1039 must
meet the labeling requirements of 40
CFR § 60.4210.
17. Section 1039.205 is amended by
revising paragraph (v) to read as follows:
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39904
Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules
§ 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 § 1039.645.
(3) Hand-startable engines certified
under the provisions of § 1039.101(c).
(4) Engines above 560 kW that are not
certified to emission standards for
generator-set engines.
*
*
*
*
*
18. Section 1039.705 is amended by
revising paragraph (c) to read as follows:
§ 1039.705 How do I generate and
calculate emission credits?
*
16:33 Jul 08, 2005
Jkt 205001
PART 1065—[AMENDED]
19. The authority citation for part
1065 continues to read as follows:
Authority: 42 U.S.C. 7401–7671q.
*
*
*
*
(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 § 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
VerDate jul<14>2003
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 § 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.
20. Section 1065.1 is amended by
adding paragraph (a)(5) to read as
follows:
§ 1065.1
Applicability
(a) * * *
(5) Stationary compression-ignitions
engines certified using the provisions of
40 CFR part 1039, as indicated under 40
CFR part 60, subpart IIII, the standardsetting part for these engines.
PO 00000
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PART 1068—[AMENDED]
21. The authority citation for part
1068 continues to read as follows:
Authority: 42 U.S.C. 7401–7671q.
22. Section 1068.1 is amended by
adding paragraph (a)(4) to read as
follows:
§ 1068.1
Does this part apply to me?
(a) * * *
(4) Stationary compression-ignitions
engines certified under 40 CFR part 60,
subpart IIII.
*
*
*
*
*
23. Section 1068.310 is amended by
revising paragraph (b) to read as follows:
§ 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 subject to the
standards of 40 CFR part 60 are not
subject to the restrictions on imports in
§ 1068.301(b), but only if they are
properly labeled. Section 1068.101
restricts the use of stationary engines for
non-stationary purposes.
*
*
*
*
*
[FR Doc. 05–13338 Filed 7–8–05; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Proposed Rules]
[Pages 39870-39904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13338]
[[Page 39869]]
-----------------------------------------------------------------------
Part II
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 60, 85, 89, et al.
Standards of Performance for Stationary Compression Ignition Internal
Combustion Engines; Proposed Rule
Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 /
Proposed Rules
[[Page 39870]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 85, 89, 94, 1039, 1065 and 1068
[OAR-2005-0029, FRL-7934-4]
RIN 2060-AM82
Standards of Performance for Stationary Compression Ignition
Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This action proposes standards of performance for stationary
compression ignition (CI) internal combustion engines (ICE). These
standards 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 proposed standards would 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: Comments. Submit comments on or before September 9, 2005, or 30
days after date of public hearing if later.
Public Hearing. If anyone contacts us requesting to speak at a
public hearing by August 1, 2005, a public hearing will be held on
August 23, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2005-
0029, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: Send your comments via electronic mail to a-and-r-
docket@epa.gov, Attention Docket ID No. OAR-2005-0029.
Fax: Fax your comments to (202) 566-1741, Attention Docket
ID No. OAR-2005-0029.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
EPA, Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. OAR-2005-0029. Please include a total of two
copies. The EPA requests a separate copy also be sent to the contact
person identified below (see FOR FURTHER INFORMATION CONTACT). In
addition, please mail a copy of your comments on the information
collection provisions to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC 20503.
Hand Delivery: Deliver your comments to: EPA Docket Center
(EPA/DC), EPA West Building, Room B108, 1301 Constitution Ave., NW.,
Washington DC, 20460, Attention Docket ID No. OAR-2005-0029. Such
deliveries are accepted only during the normal hours of operation (8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays),
and special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. OAR-2005-0029.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http:/
/www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102).
Public Hearing: If a public hearing is held, it will be held at
EPA's Campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC or alternate site nearby.
Docket: All documents in the docket are listed in the EDOCKET index
at https://www.epa.gov/edocket. We also rely on documents in Docket ID
No. OAR-2003-0012 and incorporate that docket into the record for this
proposed rule. Although listed in the index, some information is not
publicly available, i.e., 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 in EDOCKET or in hard copy at the
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Sims Roy, Combustion Group,
Emission Standards Division (MD-C439-01), U.S. EPA, Research Triangle
Park, North Carolina 27711; telephone number (919) 541-5263; facsimile
number (919) 541-5450; electronic mail address ``roy.sims@epa.gov.''
SUPPLEMENTARY INFORMATION: 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. What should I consider as I prepare my comments for EPA?
II. Background
III. Summary of the Proposed Rule
A. What is the source category regulated by the proposed rule?
B. What are the pollutants regulated by the proposed rule?
C. What is the best demonstrated technology?
D. What sources are subject to the proposed rule?
E. What are the proposed standards?
F. What are the requirements for sources that are modified or
reconstructed?
[[Page 39871]]
G. What are the requirements for demonstrating compliance?
H. What are the monitoring requirements?
I. What are the reporting and recordkeeping requirements?
IV. Rationale for Proposed Rule
A. How did EPA determine the source category for the proposed
rule?
B. How did EPA select the pollutants to be regulated?
C. How did EPA determine the best demonstrated technology?
D. How did EPA select the affected facility for the proposed
rule?
E. How did EPA select the proposed standards?
F. What are the considerations for modification and
reconstruction?
G. How did EPA determine the compliance requirements for the
proposed rule?
H. How did EPA select the methods for performance testing?
I. How were the reporting and recordkeeping requirements
selected?
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?
VI. Solicitation of Comments and Public Participation
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
I. General Information
A. Does This Action Apply to Me?
Regulated Entities. Categories and entities potentially regulated
by this action include:
------------------------------------------------------------------------
Examples of
Category SIC \1\ NAICS \2\ regulated entities
------------------------------------------------------------------------
Any manufacturer that produces 4911 2211 Electric power
or any industry using a generation,
stationary internal transmission, or
combustion engine as defined distribution.
in the proposed rule.
8062 622110 Medical and
surgical
hospitals.
3621 335312 Motor and
Generator
Manufacturing.
3561 33391 Pump and
Compressor
Manufacturing.
3548 333992 Welding and
Soldering
Equipment
Manufacturing.
------------------------------------------------------------------------
\1\ Standard Industrial Classification.
\2\ 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
proposed 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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Send or deliver information
identified as CBI to only the following address: Mr. Sims Roy, c/o
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. OAR-2005-0029. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information in a disk or CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions. The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
Docket. The docket number for the proposed NSPS is Docket ID No.
OAR-2005-0029.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed rule is also available on the WWW
through the Technology Transfer Network Web site (TTN Web). Following
signature, EPA will post a copy of the proposed rule on the TTN's
policy and guidance page for newly proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
II. Background
This action proposes new source performance standards (NSPS) that
would 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 them is proposed. An NSPS requires 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.
[[Page 39872]]
III. Summary of the Proposed Rule
A. What Is the Source Category Regulated by the Proposed Rule?
Today's proposed standards apply 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, 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. An 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 Proposed Rule?
The pollutants to be regulated by the proposed standards are
NOX, PM, CO, and NMHC. 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 proposed standards. Emissions of hazardous air pollutants (HAP)
from these engines have been, or will be, regulated in separate
rulemakings promulgated under section 112.\1\
---------------------------------------------------------------------------
\1\ Emissions of HAP from stationary reciprocating internal
combustion engines (RICE) located at major sources were the subject
of a 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.
---------------------------------------------------------------------------
C. What Is the Best Demonstrated Technology?
1. Background
Section 111 of the CAA states that a standard of performance
``means a standard * * * which reflects the degree of emission
limitation achievable through application of the best system of
emission reduction which (taking into account the cost of achieving
such reduction and any nonair quality health and environmental impact
and energy requirements) the Administrator determines has been
adequately demonstrated.''
The following sections provide additional information by
identifying specific technologies (referred to hereafter as ``BDT'')
that EPA anticipates to be used to meet the NSPS. It must be noted,
however, that EPA's proposal is that the best system of emissions
reduction that has been adequately demonstrated is a set of emissions
standards, including an averaging, banking and trading program, that
allows for the use of other potential technologies that meet or exceed
the standards.
2. Non-Emergency Stationary CI ICE <10 Liters per Cylinder
The EPA expects there will be few, if any, stationary CI ICE less
than 50 horsepower (HP). Nevertheless, EPA has established emission
standards for these engines for the potential few engines less than 50
HP that may be stationary CI ICE.
For non-emergency engines less than 25 HP, the technologies that
are the basis of the proposed standards are expected to be the same as
the technologies that are the basis for the nonroad diesel engine
standards in this size range. The basis of the proposed PM standards
for these engines is a variety of engine-based technologies including
combustion optimization and different fuel injection strategies. The
EPA expects that manufacturers of smaller engines may also utilize
oxidation catalyst control for PM in order to meet the Tier 4 standard
for nonroad diesel engines. The EPA expects that manufacturers of
stationary CI ICE less than 25 HP will employ engine-based
technologies, to meet the proposed NOX for engines less than
25 HP include advanced in-cylinder technologies and electronic fuel
systems.
For non-emergency engines greater than or equal to 25 HP with a
displacement of less than 10 liters per cylinder, the technology that
is the basis of the proposed PM standards is catalyzed diesel
particulate filters (CDPF) used in conjunction with ultra low sulfur
diesel (ULSD) fuel. The standards for PM that are based on the use of
CDPF and ULSD start as early as 2011 for some engines, but the schedule
varies depending on the size of the engine. The CDPF technology is
capable of reducing PM, CO, and NMHC emissions from stationary CI ICE
by at least 90 percent. The technology basis of the proposed CO and
NMHC standards is also CDPF. The technology is currently available but
requires ULSD in order to achieve these levels of reductions.
Furthermore, engine manufacturers will require time to incorporate the
technology on all of their engines. Taking into account when ULSD fuel
will be fully available and allowing manufacturers time to incorporate
CDPF technology on their stationary engines, EPA believes that the
implementation schedule already promulgated for nonroad diesel engines
is appropriate for the majority of stationary CI ICE as well.
Prior to the implementation of standards based on the use of CDPF,
new stationary CI ICE engines will be required to meet standards based
on the use of technology currently required for nonroad engines. Engine
manufacturers would be expected to use a variety of engine technologies
such as combustion optimization and advanced fuel injection controls to
reduce emissions of PM until ULSD fuel is available in sufficient
quantities nationwide.
For NOX emissions from non-emergency engines greater
than or equal to 75 HP and less than or equal to 750 HP with a
displacement of less than 10 liters per cylinder, and non-emergency
generator set (genset) engines greater than 750 HP with a displacement
of less than 10 liters per cylinder, the technology that is the basis
of the proposed NOX standards is NOX adsorber.
The NOX adsorber technology is expected to be able to
achieve NOX reductions of 90 percent or more when applied to
stationary CI ICE. The NOX adsorber technology, which has
been demonstrated in laboratory situations, is currently being
developed for highway and nonroad engines, and it is expected to be
available for nonroad and stationary engines approximately in the year
2011. As with the implementation schedule for CDPF discussed above, EPA
believes that, taking into account when ULSD fuel will be fully
available and allowing manufacturers time to incorporate NOX
adsorber technology on their stationary engines, the implementation
schedule already promulgated for nonroad diesel engines is appropriate
for the majority of stationary CI ICE as well.
For non-emergency engines greater than 750 HP with a displacement
of less than 10 liters per cylinder that are not genset engines, the
technologies that are the basis of the proposed NOX
standards are improved combustion systems and engine-based
NOX control technologies. For the nonroad diesel engine
rule, EPA decided to defer a decision on setting
[[Page 39873]]
add-on control based emission standards for NOX for these
engines to allow time to resolve issues involved with applying
NOX control technologies to these engines. For stationary CI
ICE, EPA believes there may be technologies to allow more stringent
standards for engines greater than 750 HP with a displacement of less
than 10 liters per cylinder that are not generator sets that could be
based on the use of aftertreatment-based controls. The EPA is
requesting comments on whether it should have the same BDT for
NOX for all non-emergency stationary CI engines greater than
750 HP with a displacement of less than 10 liters per cylinder.
Both CDPF and NOX adsorbers require the use of ULSD fuel
to achieve maximum levels of emission reduction. The EPA recently
promulgated regulations that require sulfur levels for nonroad diesel
fuel to be reduced to 500 parts per million (ppm) beginning in late
2007 and 15 ppm beginning in late 2010.\2\ Based on an analysis of ULSD
availability EPA conducted for stationary CI ICE affected by the NSPS,
the EPA believes that ULSD will be available in sufficient supply for
stationary CI engines affected by the proposed rule. For information on
EPA's fuel availability analysis, please refer to the docket for the
proposed rule. For this reason, EPA is proposing that owners and
operators of stationary CI engines affected by the proposed rule that
use diesel fuel use only ULSD fuel beginning October 1, 2010. Owners
and operators that use diesel fuel will be required to only use diesel
fuel with a sulfur content of 500 ppm or less beginning October 1,
2007. This is consistent with fuel levels required by the nonroad rule
for diesel engines. The use of lower sulfur diesel fuel will reduce
emissions of SO2 and the resulting sulfate PM to the
atmosphere.
---------------------------------------------------------------------------
\2\ The deadlines are different for refineries, wholesalers,
retailers, and end users.
---------------------------------------------------------------------------
Prior to the commercial availability of ULSD fuel and
NOX adsorber technology, non-emergency stationary CI engines
are expected to use the technologies currently required for nonroad
engines. The EPA looked at other control techniques such as selective
catalytic reduction (SCR) for non-emergency engines greater than or
equal to 75 HP with a displacement of less than 10 liters per cylinder
that could reduce emissions until ULSD fuel becomes available in
sufficient quantities for stationary engines and before NOX
adsorbers are expected to be commercially available for use. No other
add-on control techniques were identified as BDT. Engine manufacturers
are currently in the process of developing a variety of engine
technologies, such as cooled exhaust gas recirculation (EGR), to meet
the Tier 3 nonroad emission standards for NOX, which are
phased in starting from 2006 to 2008. These engine technologies are
determined to be the BDT for stationary CI ICE with a displacement of
less than 10 liters per cylinder in the Tier 3 timeframe. Engine
manufacturers have developed engine technologies such as combustion
optimization and advanced fuel injection controls to meet EPA's Tier 2
limits for nonroad diesel engines. These engine technologies are also
being applied to stationary engines.\3\ The EPA believes that these
technologies are the BDT for the time frame of the Tier 2 standards for
these engines, except as discussed below for engines manufactured prior
to the 2007 model year.
---------------------------------------------------------------------------
\3\ An exception to this is stationary engines above 3000 HP
with a displacement of less than 10 liters per cylinder. These
engines are not as closely related to nonroad engines of that
horsepower range as are other stationary engines, and have not
necessarily been manufactured using similar technologies. Therefore,
we believe that it will take longer for these engines to be able to
meet standards equivalent to nonroad engines. We are therefore
requiring Tier 1 standards (as opposed to Tier 2 standards, which
nonroad engines of that HP will have to meet) for these engines
until the 2011 model year.
---------------------------------------------------------------------------
For NOX emissions from engines below 75 HP, EPA has
determined that the BDT is the variety of engine technologies currently
being developed and used by engine manufacturers to reduce
NOX. Examples include cooled EGR, uncooled EGR, and advanced
in-cylinder technologies relying on electronic fuel systems and
turbocharging. The EPA does not believe that the catalyst-based
NOX technologies have matured to a state where we can have
substantial assurance that such technologies will provide a path for
compliance for engines in this power category and of this displacement.
3. Pre-2007 Model Year Stationary CI ICE
The proposed standards require engine manufacturers to meet the
Tier 2 through Tier 4 nonroad diesel engine standards for their 2007
model year and later non-emergency stationary CI ICE less than 10
liters per cylinder. Stationary ICE are almost all manufactured
products that are designed in advance that cannot change design without
some lead-time. Given that stationary CI ICE are similar to nonroad
diesel engines and their emission control strategies would be similar,
the EPA believes that 18 months from the date of proposal is
appropriate lead-time for engine manufacturers to meet standards equal
to those in effect (or coming into effect) for nonroad engines.
However, because stationary CI ICE were not subject to these emissions
standards until this rule, the EPA cannot immediately require that
these engines produce emissions on the same level required for nonroad
engines. Sufficient lead-time must be provided to allow engine
manufacturers to modify their production to incorporate these emission
reduction strategies in all of their stationary CI ICE in order to meet
the proposed emission standards.
For pre-2007 model year stationary CI ICE, the BDT was determined
to be the nonroad Tier 1 emission levels. As explained, engine
manufacturers will require time to design their engines and incorporate
the control technologies that are the basis for nonroad diesel engine
Tiers 2 through 4. Manufacturers will also need time to generate and
provide the requisite data and other information needed to insure that
their engines meet these standards. Manufacturers would therefore not
necessarily be able to meet the Tier 2, Tier 3, and Tier 4 emission
standards for stationary CI ICE immediately after the rule goes into
effect. The BDT for these pre-2007 model year engines is therefore the
Tier 1 standards for nonroad engines, which do not require as
significant a revision to manufacturing processes as the more stringent
regulations and which are currently being met by many stationary
engines. Furthermore, EPA is not requiring engines manufactured prior
to April 1, 2006 to meet the Tier 1 standards, given that even the less
substantial requirements needed to meet the Tier 1 standards would be
extremely difficult to achieve in the immediate near term for engines
that had not previously been manufactured to meet those standards.
4. Non-Emergency Stationary CI ICE >=10 and <30 Liters per Cylinder
For 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, the technology that is the basis of the proposed standards is
the same technology used by manufacturers of new marine CI engines to
meet the emission standards for those engines. Engines with a
displacement in this range are generally not used in land-based nonroad
applications and are significantly different in design from land-based
nonroad engines. Those engines in this displacement range that are
currently certified would generally be certified to marine standards,
not
[[Page 39874]]
land based nonroad standards. The EPA believes these engines are
similar in design to marine CI engines and is therefore basing the
proposed standards for non-emergency stationary CI ICE with a
displacement between 10 and 30 liters per cylinder on the technologies
that are used to meet the emission standards for marine CI engines.
These technologies include timing retard, advanced fuel injection
systems, optimized nozzle geometry, and possibly through rate shaping.
5. Stationary CI ICE With a Displacement >=30 Liters per Cylinder
For non-emergency stationary CI ICE with a displacement of greater
than or equal to 30 liters per cylinder, the technology that is the
basis of the proposed NOX standards is SCR. This technology
is capable of reducing NOX emissions by 90 percent or more,
is currently available, and is a well-proven control technology for
larger stationary CI engines.\4\ The technology that is the basis of
the proposed PM standards for non-emergency stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder is
electrostatic precipitators (ESP). The technology is currently
available and is capable of reducing PM emissions by 60 percent or more
from stationary CI ICE.
---------------------------------------------------------------------------
\4\ SCR is also a proven technology for smaller engines and may
be used to meet the NOX standards for those engines.
However, it was not determined to be the BDT for smaller engines due
to the expected availability of NOX adsorber, which
achieves similar reductions to SCR at a lower cost.
---------------------------------------------------------------------------
6. Low Sulfur Diesel for All Stationary CI ICE
For all stationary CI ICE, the use of lower sulfur fuel was
determined to be the BDT for SOX. Reducing the sulfur
content in the diesel fuel directly affects the engine-out levels of
SOX emissions. As mentioned, the proposed rule requires that
owners and operators that use diesel fuel begin using 500 ppm sulfur
diesel fuel starting October 1, 2007 and 15 ppm sulfur diesel fuel
starting October 1, 2010. These fuel requirements are consistent with
the requirements of the nonroad diesel rule.
7. Emergency Stationary CI ICE
The EPA also evaluated the BDT for emergency stationary CI ICE. An
emergency stationary internal combustion engine is defined as any
stationary internal combustion engine whose operation is limited to
emergency situations and required testing. Examples include stationary
ICE used to produce power for critical networks or equipment (including
power supplied to portions of a facility) when electric power from the
local utility is interrupted, or stationary ICE used to pump water in
the case of fire or flood, etc. Examples also include stationary ICE
used during Federal or State declared disasters and emergencies, and
simulations of emergencies by Federal, State, or local governments.
Emergency stationary ICE are allowed to be operated for the purpose of
maintenance checks and readiness testing, provided that the tests are
recommended by the manufacturer, the vendor, or the insurance company
associated with the engine. Required testing of such units is limited
to 30 hours per year, and owners and operators are required to keep
records of this information. There is no time limit on the use of
emergency stationary ICE in emergency situations. The use of add-on
controls such as CDPF, oxidation catalyst, and NOX adsorber
could not be justified as BDT due to the cost of the technology
relative to the emission reduction that would be obtained. This is
discussed in more detail later in this preamble and in the documents
supporting the proposal. The EPA, therefore, determined that the engine
technologies developed by engine manufacturers to meet the Tier 2 and
Tier 3 nonroad diesel engine standards, and those Tier 4 standards that
do not require aftertreatment, are the BDT for 2007 model year and
later emergency stationary CI ICE with a displacement of less than 10
liters per cylinder. These technologies have been discussed previously
in this section. As mentioned earlier, stationary CI ICE with a
displacement between 10 and 30 liters per cylinder are similar to
marine CI engines, and EPA believes it is appropriate to rely on the
technologies used to meet Tier 2 emission standards for marine CI
engines. Therefore, for 2007 model year and later emergency stationary
CI ICE with a displacement of greater than or equal to 10 and less than
30 liters per cylinder, the basis for the BDT are the technologies used
to meet Tier 2 emission standards for marine CI engines.
D. What Sources Are Subject to the Proposed Rule?
The affected source for the CI internal combustion engine NSPS is
each stationary CI internal combustion engine whose construction,
modification or reconstruction commenced after the date the proposed
rule is published in the Federal Register. The date of construction is
the date the engine is ordered by the owner or operator. As discussed
earlier, we are proposing that stationary CI ICE manufactured prior to
April 1, 2006 that are not fire pump engines will not be subject to
Tier 1 standards, unless they are modified or reconstructed after the
date of proposal. Stationary fire pump CI ICE manufactured prior to
July 1, 2006 will not be subject to Tier 1 standards, unless they are
modified or reconstructed after the date of proposal.
E. What Are the Proposed Standards?
1. Overview
The format of the proposed 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 HP only. Tier 4
limits for nonroad engines are phased in beginning in 2008.
2. Proposed Standards for Engine Manufacturers
Engine manufacturers must meet the emission standards of the
proposed 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 proposed 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.
BILLING CODE 6560-50-P
[[Page 39875]]
[GRAPHIC] [TIFF OMITTED] TP11JY05.019
[[Page 39876]]
[GRAPHIC] [TIFF OMITTED] TP11JY05.020
[[Page 39877]]
[GRAPHIC] [TIFF OMITTED] TP11JY05.021
BILLING CODE 6560-50-C
b. 2007 Model Year and Later Non-Emergency Stationary CI ICE >3,000
HP and With a Displacement <10 Liters per Cylinder. The proposed
standards require that engine manufacturers certify their 2007 through
2010 model year 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 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
----------------------------------------------------------------------------------------------------------------
Maximum engine power 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)
----------------------------------------------------------------------------------------------------------------
c. 2007 Model Year and Later Non-Emergency Stationary CI ICE with a
Displacement >=10 and <30 Liters per Cylinder. The proposed 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
------------------------------------------------------------------------
Engine size--liters per cylinder,
rated power THC + NOX CO PM
------------------------------------------------------------------------
5.0<=displacement<15.0, All Power 7.8 5.0 0.27
Levels..........................
[[Page 39878]]
15.0<=displacement<20.0, <3,300 8.7 5.0 0.50
KW..............................
15.0<=displacement<20.0, >=3,300 9.8 5.0 0.50
KW..............................
20.0<=displacement<25.0, All 9.8 5.0 0.50
Power Levels....................
25.0<=displacement<30.0, All 11.0 5.0 0.50
Power Levels....................
------------------------------------------------------------------------
d. 2007 Model Year and Later Emergency Stationary CI ICE. The
proposed 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 2007-2010 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 2007 model year and later
emergency fire pumps to the emission standards shown in table 4 of this
preamble.
3. Proposed Standards for Owners and Operators
Owners and operators of stationary CI ICE are required to meet the
emission standards in the proposed 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 2007 model year and later
stationary CI ICE with a displacement of less than 30 liters per
cylinder that are not fire pump engines must purchase an engine that is
certified by the manufacturer according to the provisions of the
proposed 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 0.40 grams per KW-hour (0.30
grams per HP-hour). 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 0.12 grams per KW-hour (0.09
grams per HP-hour).
4. Proposed Standards for Manufacturers and Owners and Operators of
Emergency Stationary Fire Pump Engines
The proposed 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 maximum
engine power. Starting with 2007 model year engines, 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. Although the fire
pump engine manufacturers and installers have indicated that the
provisions of the proposed rule will not reduce the reliability of fire
pump engines, we are asking for comments on whether there are any
concerns regarding fire pump reliability.
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) ........... 0.30 (0.22)
56<=KW<75 (75<=HP<100).................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
[[Page 39879]]
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 proposed 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 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 stationary CI ICE that use diesel fuel must
only use diesel fuel meeting the requirements of 40 CFR 80.510(b),
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 proposed rule does not contain a standard for
SO2; the use of low sulfur diesel fuel will result in lower
emissions of SO2.
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 until the year 2010, which will
allow adequate time for manufacturers of these large stationary engines
to test the operation of the engines on ULSD. The EPA does not expect
that the lubricity of the ULSD will be an issue because additives can
be added to ULSD to achieve a sufficient lubricity.
F. What Are the Requirements for Sources That Are Modified or
Reconstructed?
The proposed standards apply to stationary CI ICE that are modified
or reconstructed after the date the proposed rule is published in the
Federal Register. 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.
G. What Are the Requirements for Demonstrating Compliance?
1. Engine Manufacturers
Manufacturers of stationary CI ICE must demonstrate compliance with
the rule, as proposed, by certifying that their 2007 model year and
later stationary CI ICE meet the emission standards in the 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 may use the optional test cycle provided in table 4
of the proposed rule. Manufacturers of certified stationary CI ICE 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, or 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 that certify an engine family or families to
standards under the proposed 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 averaging, banking, and trading 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 the these engine families are certified are at least
equal to the appropriate standards. The banking program allow
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
[[Page 39880]]
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 Clean Air Act 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 proposed standards reflect best
demonstrated technology. 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 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 today's
proposed 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 proposed 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 being proposed in this program
affecting a large number of engine families. We welcome comments on the
appropriateness of allowing for averaging, banking and trading under
this program.
We are proposing minor revisions to several existing mobile source
regulations to help incorporate several of these provisions.
EPA is proposing 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 today's proposed rule. We have
proposed that these engines are to be subject to the same general
compliance regime as land-based nonroad CI engines and, for those with
a displacement greater than 10 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
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 today's
proposed 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 https://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. 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 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 owner
or operator may also choose to conduct an initial performance test to
demonstrate compliance with the emission standards. The records which
indicate that the engine is complying with the emission standards of
the proposed 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 proposed 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 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.
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-
[[Page 39881]]
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). 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 following NTE
standards:
NTE = (STD) x (M)
Where:
NTE = The NTE emission standard for each pollutant.
STD = The certification emission standard specified for each pollutant
in Table 1 or 2 for the same model year and maximum engine power.
M = 1.25.
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 complianc
