Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, 39870-39904 [05-13338]

Download as PDF 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: http:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Agency Web site: http:// 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- VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 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 http://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? E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 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 http://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. E:\FR\FM\11JYP2.SGM 11JYP2 39872 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 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 E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 39873 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 E:\FR\FM\11JYP2.SGM 11JYP2 39874 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 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. E:\FR\FM\11JYP2.SGM 11JYP2 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4725 E:\FR\FM\11JYP2.SGM 11JYP2 39875 EP11JY05.019</GPH> Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules VerDate jul<14>2003 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 16:33 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4725 E:\FR\FM\11JYP2.SGM 11JYP2 EP11JY05.020</GPH> 39876 39877 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 ............................................................................................... VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\11JYP2.SGM 7.8 11JYP2 CO PM 5.0 0.27 EP11JY05.021</GPH> Engine size—liters per cylinder, rated power 39878 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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) ................................................................ VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\11JYP2.SGM 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) 39879 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 NMHC + NOX Model year(s) 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 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 E:\FR\FM\11JYP2.SGM 11JYP2 39880 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 http:// www.epa.gov/otaq/cert/dearmfr/ dearmfr.htm. Finally, EPA believes it appropriate to commence the collection of fees immediately for each PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 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- E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 IV. Rationale for Proposed Rule PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 39881 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. E:\FR\FM\11JYP2.SGM 11JYP2 39882 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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. PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 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 E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 39883 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 E:\FR\FM\11JYP2.SGM 11JYP2 39884 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 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 E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 39885 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 E:\FR\FM\11JYP2.SGM 11JYP2 39886 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 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 E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 39887 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 E:\FR\FM\11JYP2.SGM 11JYP2 39888 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 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. E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 39889 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 E:\FR\FM\11JYP2.SGM 11JYP2 39890 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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- VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 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. E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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; VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 (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. PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 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- E:\FR\FM\11JYP2.SGM 11JYP2 39892 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 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. E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 39893 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 E:\FR\FM\11JYP2.SGM 11JYP2 39894 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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? PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 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 E:\FR\FM\11JYP2.SGM 11JYP2 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 § 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. PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 39895 (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 E:\FR\FM\11JYP2.SGM 11JYP2 39896 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 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. PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 § 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 E:\FR\FM\11JYP2.SGM 11JYP2 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 (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 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 39897 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 11JYP2 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 (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: PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 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> 39898 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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 VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 39899 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. PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\11JYP2.SGM 11JYP2 39900 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) ............................................... VerDate jul<14>2003 17:04 Jul 08, 2005 Jkt 205001 PO 00000 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 ................................................... Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\11JYP2.SGM 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) 39901 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Proposed Rules 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. VerDate jul<14>2003 17:04 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 Using 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. VerDate jul<14>2003 16:33 Jul 08, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 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 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 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: E:\FR\FM\11JYP2.SGM 11JYP2 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 Frm 00036 Fmt 4701 Sfmt 4700 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 E:\FR\FM\11JYP2.SGM 11JYP2

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]]

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Part II





Environmental Protection Agency





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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]]


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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.

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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: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://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 http://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 
http://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\
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    \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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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

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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 http://www.epa.gov/otaq/cert/dearmfr/dearmfr.htm. 
Finally, EPA believes it appropriate to commence the collection of fees 
immediately for each certification of conformity request once the final 
rule becomes effective.
2. Owners and Operators
    All engines and control devices must be installed, configured, 
operated, and maintained according to the specifications and 
instructions provided by the engine manufacturer. 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