Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, 39154-39185 [06-5968]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Rules and Regulations]
[Pages 39154-39185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5968]



[[Page 39153]]

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Part II





Environmental Protection Agency





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40 CFR Parts 60, 85 et al.



Standards of Performance for Stationary Compression Ignition Internal 
Combustion Engines; Final Rule

Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules 
and Regulations

[[Page 39154]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 85, 89, 94, 1039, 1065, and 1068

[EPA-HQ-OAR-2005-0029, FRL-8190-7]
RIN 2060-AM82


Standards of Performance for Stationary Compression Ignition 
Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is promulgating standards of performance for stationary 
compression ignition (CI) internal combustion engines (ICE). The 
standards will implement section 111(b) of the Clean Air Act (CAA) and 
are based on the Administrator's determination that stationary CI ICE 
cause, or contribute significantly to, air pollution that may 
reasonably be anticipated to endanger public health or welfare. The 
intended effect of the standards is to require all new, modified, and 
reconstructed stationary CI ICE to use the best demonstrated system of 
continuous emission reduction, considering costs, non-air quality 
health, and environmental and energy impacts, not just with add-on 
controls, but also by eliminating or reducing the formation of these 
pollutants. The final standards will reduce nitrogen oxides 
(NOX) by an estimated 38,000 tons per year (tpy), 
particulate matter (PM) by an estimated 3,000 tpy, sulfur dioxide 
(SO2) by an estimated 9,000 tpy, non-methane hydrocarbons 
(NMHC) by an estimated 600 tpy, and carbon monoxide (CO) by an 
estimated 18,000 tpy in the year 2015.

DATES: The final rule is effective on September 11, 2006. The 
incorporation by reference of a certain publication listed in the final 
rule is approved by the Director of the Federal Register as of 
September 11, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2005-0029. We also rely on documents in Docket ID No. 
EPA-HQ-OAR-2003-0012 and incorporate that docket into the record for 
the final rule. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The Docket Facility is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
Docket telephone number is (202) 566-1742. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for EPA Docket Center is (202) 
566-1742. As of the date of signature, the physical docket is 
temporarily unavailable due to flooding, but interested members of the 
public can receive the list of documents in the docket or any 
particular documents electronically by accessing the electronic docket 
or by calling the contact person. We hope that the physical docket will 
be accessible again before publication.

FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pagan, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), U.S. EPA, 
Research Triangle Park, North Carolina 27711; telephone number (919) 
541-5340; facsimile number (919) 541-5450; electronic mail address 
pagan.jaime@epa.gov.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

------------------------------------------------------------------------
                                                  Examples of regulated
             Category               NAICS \1\           entities
------------------------------------------------------------------------
Any manufacturer that produces or         2211  Electric power
 any industry using a stationary                 generation,
 internal combustion engine as                   transmission, or
 defined in the final rule.                      distribution.
                                        622110  Medical and surgical
                                                 hospitals.
                                        335312  Motor and generator
                                                 manufacturing.
                                         33391  Pump and compressor
                                                 manufacturing.
                                        333992  Welding and soldering
                                                 equipment
                                                 manufacturing.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your engine is regulated by this action, 
you should examine the applicability criteria in Sec.  60.4200 of the 
final rule. If you have any questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule will be available on the WWW 
through the Technology Transfer Network Web site (TTN). Following 
signature, EPA will post a copy of the final rule on the TTN's policy 
and guidance page for newly proposed or promulgated rules at https://
www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control.
    Judicial Review. Under CAA section 307(b)(1), judicial review of 
the final rule is available only by filing a petition for review in the 
U.S. Court of Appeals for the District of Columbia by September 11, 
2006. Under CAA section 307(d)(7)(B), only an objection to the final 
rule that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
CAA section 307(b)(2), the requirements established by this final 
action may not be challenged separately in any civil or criminal 
proceedings brought by EPA to enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for EPA to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to EPA that it was impracticable to raise such objection within [the 
period for public comment] or if the grounds for such objection arose 
after the period for public comment (but within the same

[[Page 39155]]

time specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration to EPA should submit a Petition for Reconsideration to 
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to both the person(s) listed in the preceding FOR FURTHER 
INFORMATION CONTACT section, and the Director of the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20004.
    Background Information Document. EPA proposed new source 
performance standards (NSPS) for CI ICE on July 11, 2005 (70 FR 39870), 
and received 47 comment letters on the proposal. A background 
information document (BID) (``Response to Public Comments on Proposed 
Standards of Performance for Stationary Compression Ignition Internal 
Combustion Engines,'') containing EPA's responses to each public 
comment and the Economic Impact Analysis Report are available in Docket 
ID No. EPA-HQ-OAR-2005-0029.
    Organization of This Document. The following outline is provided to 
aid in locating information in the preamble.

I. Background
II. Summary of the Final Rule
    A. What is the source category regulated by the final rule?
    B. What are the pollutants regulated by the final rule?
    C. What sources are subject to the final rule?
    D. What are the final standards?
    E. What are the requirements for sources that are modified or 
reconstructed?
    F. What are the requirements for demonstrating compliance?
    G. What are the monitoring requirements?
    H. What are the reporting and recordkeeping requirements?
III. Summary of Significant Changes Since Proposal
    A. Applicability
    B. Fuel Requirements
    C. Maintenance and Testing
    D. Emission Standards
    E. Recordkeeping
IV. Summary of Responses to Major Comments
    A. Applicability/Effective Date
    B. Modeling Mobile Source Program
    C. Fuel Requirements
    D. Maintenance and Testing
    E. Emission Standards
    F. Military Training Engines
V. Summary of Environmental, Energy and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental and energy 
impacts?
    E. What are the benefits?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    This action promulgates NSPS that will apply to new stationary CI 
ICE. New source performance standards implement section 111(b) of the 
CAA, and are issued for categories of sources which cause, or 
contribute significantly to, air pollution which may reasonably be 
anticipated to endanger public health or welfare. The standards apply 
to new stationary sources of emissions, i.e., sources whose 
construction, reconstruction, or modification begins after a standard 
for those sources is proposed. NSPS require these sources to control 
emissions to the level achievable by best demonstrated technology 
(BDT), considering costs and any non-air quality health and 
environmental impacts and energy requirements.

II. Summary of the Final Rule

A. What is the source category regulated by the final rule?

    The final rule applies to stationary CI ICE. A stationary internal 
combustion engine means any internal combustion engine, except 
combustion turbines, that converts heat energy into mechanical work and 
is not mobile. Stationary ICE differ from mobile ICE in that a 
stationary internal combustion engine is not a nonroad engine as 
defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of that 
definition), and is not used to propel a motor vehicle or a vehicle 
used solely for competition. Stationary ICE include reciprocating ICE, 
rotary ICE, and other ICE, except combustion turbines. A CI engine 
means a type of stationary internal combustion engine that is not a 
spark ignition (SI) engine. A SI engine means a gasoline, natural gas, 
or liquefied petroleum gas fueled engine or any other type of engine 
with a spark plug (or other sparking device) and with operating 
characteristics significantly similar to the theoretical Otto 
combustion cycle. Spark ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation. 
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is 
used for CI and gaseous fuel (typically natural gas) is used as the 
primary fuel at an annual average ratio of less than 2 parts diesel 
fuel to 100 parts total fuel on an energy equivalent basis are SI 
engines.

B. What are the pollutants regulated by the final rule?

    The pollutants to be regulated by the final rule are 
NOX, PM, CO, and NMHC.\1\ Emissions of sulfur oxides 
(SOX) will also be reduced through the use of lower sulfur 
fuel. Smoke emissions will also be reduced through the implementation 
of the final standards. Emissions of hazardous air pollutants (HAP) 
from these engines have been, or will be, regulated in separate 
rulemakings promulgated under CAA section 112.\2\
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    \1\ Primarily for reasons of testing ease and because engine 
manufacturers are familiar with testing for NMHC, this rule, as with 
previous rules promulgating emission standards for mobile source 
internal combustion engines, uses NMHC rather than VOC as the metric 
for measuring organic compounds that can contribute to ozone 
formation. C.f. 40 CFR part 60, Method 25 (Determination of Total 
Gaseous Nonmethane Organic Emissions as Carbon.)
    \2\ Emissions of HAP from stationary reciprocating internal 
combustion engines (RICE) located at major sources were the subject 
of a final rule published on June 15, 2004 (69 FR 33473). Emissions 
of HAP from other stationary RICE will be the subject of another 
rulemaking that will be promulgated no later than December 20, 2007.
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C. What sources are subject to the final rule?

    The affected source for the CI ICE NSPS is each stationary CI 
internal combustion engine whose construction, modification or 
reconstruction commenced after July 11, 2005. The date of construction 
is the date the engine is ordered by the owner or operator. Stationary 
CI ICE manufactured prior to April 1, 2006, that are not fire pump 
engines are not subject to the final rule, unless the engines are 
modified or reconstructed after July 11, 2005. Stationary fire pump CI 
ICE manufactured prior to July 1, 2006, are not subject to the final 
rule either, unless the engines are modified or reconstructed after 
July 11, 2005. Manufacturers of 2007 and later model year stationary CI 
ICE that are not fire pumps are subject to the final rule. For fire 
pump engines, the date of manufacturing is the date the engine is built 
into a certified National Fire Protection Association (NFPA) fire pump 
engine. Manufacturers of fire

[[Page 39156]]

pump engines are subject to the final rule beginning with the first 
model year that new fire pump engines in a particular horsepower class 
must meet standards more stringent than Tier 1 standards, which can be 
any model year from 2008 to 2011, depending on the horsepower of the 
engine.
    Owners and operators of new stationary CI ICE who are subject to 
the final rule (as discussed above) must meet the requirements of Sec.  
60.4208 of the final rule, which restricts the installation of engines 
subject to outdated emission standards. This restriction applies only 
to the installation of new engines subject to the final rule, and does 
not apply to the installation of previously used engines.

D. What are the final standards?

1. Overview
    The format of the final standard is an output-based emission 
standard for PM, NOX, CO, and NMHC in units of emissions 
mass per unit work performed (grams per kilowatt-hour (g/KW-hr)) and 
smoke standards as a percentage. The emission standards are generally 
modeled after EPA's standards for nonroad and marine diesel engines. 
The nonroad diesel engine standards are phased in over several years 
and have Tiers with increasing levels of stringency. The engine model 
year in which the Tiers take effect varies for different size ranges of 
engines. The Tier 1 standards were phased in for nonroad diesel engines 
beginning in 1996 to 2000. The Tier 2 nonroad CI standards are phased 
in starting from 2001 to 2006, and the Tier 3 limits are phased in 
starting from 2006 to 2008. The Tier 3 limits apply for engines greater 
than or equal to 50 and less than or equal to 750 horsepower (HP) only. 
Tier 4 limits for nonroad engines are phased in beginning in 2008.
2. Final Standards for Engine Manufacturers
    Engine manufacturers must meet the emission standards of the rule 
during the useful life of the engine. a. 2007 Model Year and Later Non-
Emergency Stationary CI ICE <=3,000 HP and With a Displacement <10 
Liters per Cylinder. The standards require that engine manufacturers 
certify their 2007 model year and later non-emergency stationary CI ICE 
with a maximum engine power less than or equal to 3,000 HP and a 
displacement of less than 10 liters per cylinder to the Tier 2 through 
Tier 4 nonroad diesel engine standards as shown in table 1 of this 
preamble, as applicable, for all pollutants, for the same model year 
and maximum engine power.

   Table 1.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for 2007 Model Year and Later Non-
 Emergency Engines <=3,000 HP and With a Displacement <10 Liters per Cylinder and 2011 Model Year and Later Non-
                  Emergency Engines >3,000 HP and With a Displacement <10 Liters per Cylinder a
----------------------------------------------------------------------------------------------------------------
                                       Model
       Maximum engine power           year(s)     NMHC + NOX      NMHC         NOX           CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)......................         2007    7.5 (5.6)  ...........  ...........    8.0 (6.0)  0.80 (0.60)
                                          2008+  ...........  ...........  ...........  ...........  0.40 (0.30)
8<=KW<19..........................         2007  ...........  ...........  ...........    6.6 (4.9)  0.80 (0.60)
(11<=HP<25).......................        2008+  ...........  ...........  ...........  ...........  0.40 (0.30)
19<=KW<37 (25<=HP<50).............         2007    7.5 (5.6)  ...........  ...........    5.5 (4.1)  0.60 (0.45)
                                      2008-2012  ...........  ...........  ...........  ...........  0.30 (0.22)
                                          2013+    4.7 (3.5)  ...........  ...........  ...........  0.03 (0.02)
37<=KW<56 (50<=HP<75).............         2007    7.5 (5.6)  ...........  ...........    5.0 (3.7)  0.40 (0.30)
                                      2008-2012    4.7 (3.5)  ...........  ...........  ...........     \a\ 0.30
                                                                                                          (0.22)
                                          2013+  ...........  ...........  ...........  ...........  0.03 (0.02)
56<=KW<75 (75<=HP<100)............         2007    7.5 (5.6)  ...........  ...........  ...........  0.40 (0.30)
                                      2008-2011    4.7 (3.5)  ...........  ...........  ...........  ...........
                                      2012-2013  ...........     \b\ 0.19     \b\ 0.40    5.0 (3.7)  0.02 (0.01)
                                                                   (0.14)       (0.30)
                                          2014+  ...........  0.19 (0.14)  0.40 (0.30)
75<=KW<130 (100<=HP<175)..........         2007    4.0 (3.0)  ...........  ...........  ...........  0.30 (0.22)
                                      2008-2011
                                      2012-2013  ...........     \b\ 0.19     \b\ 0.40    5.0 (3.7)  0.02 (0.01)
                                                                   (0.14)       (0.30)
                                          2014+  ...........  0.19 (0.14)  0.40 (0.30)
130<=KW<560 (175<=HP<750).........    2007-2010    4.0 (3.0)  ...........  ...........    3.5 (2.6)  0.20 (0.15)
                                      2011-2013  ...........     \b\ 0.19     \b\ 0.40  ...........  0.02 (0.01)
                                                                   (0.14)       (0.30)
                                          2014+  ...........  0.19 (0.14)  0.40 (0.30)
KW>560 (HP>750)...................    2007-2010    6.4 (4.8)  ...........  ...........    3.5 (2.6)  0.20 (0.15)
Except generator sets.............    2011-2014  ...........  0.40 (0.30)    3.5 (2.6)  ...........         0.10
                                                                                                         (0.075)
                                          2015+  ...........  0.19 (0.14)    3.5 (2.6)  ...........  0.04 (0.03)
Generator sets 560900 (HP>1200)...    2007-2010    6.4 (4.8)  ...........  ...........    3.5 (2.6)  0.20 (0.15)
                                      2011-2014  ...........  0.40 (0.30)  0.67 (0.50)  ...........         0.10
                                                                                                         (0.075)
                                          2015+  ...........  0.19 (0.14)  ...........  ...........  0.03 (0.02)
 
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\a\ A manufacturer has the option of skipping the 0.30 g/KW-hr PM standard for all 37-56 KW (50-75 HP) engines.
  The 0.03 g/KW-hr standard would then take effect 1 year earlier for all 37-56 KW (50-75 HP) engines, in 2012.
  The Tier 3 standard (0.40 g/KW-hr) would be in effect until 2012.
\b\ 50 percent of the engines produced have to meet the NOX + NMHC standard, and 50 percent have to meet the
  separate NOX and NMHC limits.

    b. 2007 Model Year and Later Non-Emergency Stationary CI ICE >3,000 
HP and With a Displacement <10 Liters per Cylinder. The standards 
require that engine manufacturers certify their 2007 through 2010 model 
year non-

[[Page 39157]]

emergency stationary CI ICE with a maximum engine power greater than 
3,000 HP and a displacement of less than 10 liters per cylinder to the 
emission standards shown in table 2 of this preamble. For 2011 model 
year and later non-emergency stationary CI ICE with a maximum engine 
power greater than 3,000 HP and a displacement of less than 10 liters 
per cylinder, manufacturers must certify these engines to the Tier 4 
nonroad diesel engine standards as shown in table 1 of this preamble, 
as applicable, for all pollutants, for the same model year and maximum 
engine power.

 Table 2.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for Pre-2007 Model Year Engines With a
   Displacement <10 Liters per Cylinder and 2007-2010 Model Year Engines >3,000 HP and With a Displacement <10
                                               Liters per Cylinder
----------------------------------------------------------------------------------------------------------------
            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 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 Levels..          7.8      5.0     0.27
15.0<=displacement<20.0 <3,300 KW........          8.7      5.0     0.50
15.0<=displacement<20.0 >=3,300 KW.......          9.8      5.0     0.50
20.0<=displacement<25.0 All Power Levels.          9.8      5.0     0.50
25.0<=displacement<30.0 All Power Levels.         11.0      5.0     0.50
------------------------------------------------------------------------

    d. 2007 Model Year and Later Emergency Stationary CI ICE <30 Liters 
per Cylinder. The standards require that manufacturers certify their 
2007 model year and later emergency stationary CI ICE less than or 
equal to 3,000 HP and with a displacement of less than 10 liters per 
cylinder that are not fire pump engines to Tier 2 through Tier 3 
nonroad CI engine emission standards, and Tier 4 nonroad CI engine 
standards that do not require add-on control, according to the nonroad 
diesel engine schedule. Manufacturers must certify their 2007 through 
2010 model year emergency stationary CI ICE greater than 3,000 HP and 
with a displacement less than 10 liters per cylinder that are not fire 
pump engines to the emission standards shown in table 2 of this 
preamble. Manufacturers must certify their 2011 model year and later 
emergency stationary CI ICE that are greater than 3,000 HP and with a 
displacement less than 10 liters per cylinder that are not fire pumps 
to Tier 2 and Tier 3 nonroad CI engine standards, and to Tier 4 nonroad 
CI engine standards that do not require add-on control. Manufacturers 
are required to certify their 2007 model year and later emergency 
stationary CI ICE with a displacement of greater than or equal to 10 
liters per cylinder and less than 30 liters per cylinder to the 
certification emission standards for new marine CI engines in 40 CFR 
94.8. Manufacturers must certify their post-Tier 1 emergency fire pumps 
to the emission standards shown in table 4 of this preamble.
3. Final Standards for Owners and Operators
    Owners and operators of stationary CI ICE are required to meet the 
emission standards in the final rule over the entire life of the 
engine.
    a. Stationary CI ICE with a Displacement <30 Liters per Cylinder. 
Owners and operators that purchase pre-2007 model year stationary CI 
ICE with a displacement of less than 10 liters per cylinder that are 
not fire pump engines must meet the emission standards for pre-2007 
model year engines, which are shown in table 2 of this preamble. Owners 
and operators that purchase pre-2007 model year stationary CI ICE with 
a displacement of greater than or equal to 10 and less than 30 liters 
per cylinder that are not fire pump engines must meet the emissions 
standards in 40 CFR 94.8(a)(1). Section 94.8(a)(1) specifies the 
following NOX limits: 17.0 g/KW-hr (12.7 g/HP-hr) when the 
maximum test speed is less than 130 revolutions per minute (rpm); 45.0 
x N-0.20 when maximum test speed is at least 130 but less 
than 2000 rpm, where N is the maximum test speed of the engine in rpm; 
and 9.8 g/KW-hr (7.3 g/HP-hr) when maximum test speed is 2000 rpm or 
more.
    Owners and operators that purchase fire pump engines must meet the 
emission standards in table 4 to the final rule.

[[Page 39158]]

    Owners and operators that purchase 2007 model year and later 
stationary CI ICE with a displacement of less than 30 liters per 
cylinder that are not fire pump engines, and post-Tier 1 fire pump 
engines, must purchase an engine that is certified by the manufacturer 
according to the provisions of the rule.
    b. Stationary CI ICE with a Displacement >=30 Liters per Cylinder. 
Owners and operators of stationary CI ICE with a displacement of 
greater than or equal to 30 liters per cylinder are required to reduce 
NOX emissions by 90 percent or more, or alternatively they 
must limit the emissions of NOX in the stationary CI 
internal combustion engine exhaust to 1.6 g/KW-hr (1.2 g/HP-hr). Owners 
and operators of stationary CI ICE with a displacement of greater than 
or equal to 30 liters per cylinder are also required to reduce PM 
emissions by 60 percent or more, or alternatively they must limit the 
emissions of PM in the stationary CI internal combustion engine exhaust 
to 0.15 grams per KW-hour (0.11 grams per HP-hour).
4. Final Standards for Manufacturers and Owners and Operators of 
Emergency Stationary Fire Pump Engines
    The rule requires that owners and operators of emergency fire pump 
engines meet the emission standards shown in table 4 of this preamble, 
for all pollutants, for the same model year and NFPA nameplate engine 
power. Starting with the model year in which the most stringent 
standards begin for each HP range, emergency fire pumps must be 
certified to the emission standards shown in table 4 of this preamble. 
Emergency fire pump engines between 50 and 600 HP with a rated speed of 
greater than 2,650 rpm have been given an additional 3 years to meet 
the most stringent emission standards.

     Table 4.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for Emergency Fire Pump Engines
----------------------------------------------------------------------------------------------------------------
           Maximum engine power                     Model year(s)           NMHC + NOX       CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)..............................  2010 and earlier.............   10.5 (7.8)    8.0 (6.0)   1.0 (0.75)
                                            2011 +.......................    7.5 (5.6)  ...........  0.40 (0.30)
8<=KW<19 (11<=HP<25)......................  2010 and earlier.............    9.5 (7.1)    6.6 (4.9)  0.80 (0.60)
                                            2011 +.......................    7.5 (5.6)  ...........  0.40 (0.30)
19<=KW<37 (25<=HP<50).....................  2010 and earlier.............    9.5 (7.1)    5.5 (4.1)  0.80 (0.60)
                                            2011 +.......................    7.5 (5.6)  ...........  0.30 (0.22)
37<=KW<56 (50<=HP<75).....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011 + \a\...................    4.7 (3.5)  ...........  0.40 (0.30)
56<=KW<75 (75<=HP<100)....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011 + \a\...................    4.7 (3.5)  ...........  0.40 (0.30)
75<=KW<130 (100<=HP<175)..................  2009 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2010 + \a\...................    4.0 (3.0)  ...........  0.30 (0.22)
130<=KW<225 (175<=HP<300).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009 + \a\...................    4.0 (3.0)  ...........  0.20 (0.15)
225<=KW<450 (300<=HP<600).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009 + \a\...................    4.0 (3.0)  ...........  0.20 (0.15)
450<=KW<=560 (600<=HP<=750)...............  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009 +.......................    4.0 (3.0)  ...........  0.20 (0.15)
KW>560 (HP>750)...........................  2007 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2008 +.......................    6.4 (4.8)  ...........  0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\a\ Emergency fire pump engines with a rated speed of greater than 2,650 rpm are allowed an additional 3 years
  to meet these standards.

5. Fuel Requirements
    In addition to emission standards, the final rule requires that 
beginning October 1, 2007, owners and operators of stationary CI ICE 
that use diesel fuel must only use diesel fuel meeting the requirements 
of 40 CFR 80.510(a), which requires that diesel fuel have a maximum 
sulfur content of 500 parts per million (ppm) and either a minimum 
cetane index of 40 or a maximum aromatic content of 35 volume percent. 
Beginning October 1, 2010, owners and operators of stationary CI ICE 
with a displacement of less than 30 liters per cylinder that use diesel 
fuel must only use diesel fuel meeting the requirements of 40 CFR 
80.510(b) for nonroad diesel fuel, which requires that diesel fuel have 
a maximum sulfur content of 15 ppm and either a minimum cetane index of 
40 or a maximum aromatic content of 35 volume percent. The final rule 
does not contain a standard for SO2; the use of low sulfur 
diesel fuel will result in lower emissions of SO2. EPA does 
not expect that the lubricity of the ultra low sulfur diesel (ULSD) 
will be an issue because additives can be added to ULSD to achieve a 
sufficient lubricity.
    Manufacturers of stationary CI ICE with a displacement of 30 liters 
per cylinder or more indicated that they are able to operate their 
engines on 500 ppm sulfur fuel, but they do not have any experience 
operating their engines on 15 ppm sulfur fuel, and they need to perform 
testing to ensure there are no problems with the lubricity of the ULSD 
fuel. The use of ULSD is not required for owners and operators of these 
engines.
    The fuel requirements of this rule only apply to engines that are 
subject to this rule, i.e., those engines that meet the applicability 
provisions of Sec.  60.4200 of the final rule.

E. What are the requirements for sources that are modified or 
reconstructed?

    The final standards apply to stationary CI ICE that are modified or 
reconstructed after July 11, 2005. The guidelines for determining 
whether a source is modified or reconstructed are given in 40 CFR 60.14 
and 40 CFR 60.15, respectively. Stationary CI ICE that are modified or 
reconstructed must meet the emission standards for the model year in 
which the engine was originally new, not the year the engine was 
modified or reconstructed. Therefore, a pre-2007 model year engine 
modified after 2007 must meet the emission standards for pre-2007 model 
year engines.

[[Page 39159]]

F. What are the requirements for demonstrating compliance?

1. Engine Manufacturers
    Manufacturers of stationary CI ICE must demonstrate compliance with 
the final rule by certifying that their 2007 model year and later 
stationary CI ICE with displacement less than 30 liters per cylinder 
meet the emission standards in the final rule using the certification 
procedures in subpart B of 40 CFR part 89, subpart C of 40 CFR part 94, 
or subpart C of 40 CFR part 1039, as applicable, and must test their 
engines as specified in those parts. Manufacturers of fire pump engines 
do not have to certify Tier 1 engines and, for post-Tier 1 engines, may 
use the optional test cycle provided in table 6 to the final rule. 
Manufacturers of certified stationary CI ICE that must meet the 
emission standards of 40 CFR part 1039 must also meet the emission-
related warranty requirements of 40 CFR 1039.120; the provisions in 40 
CFR 1039.125 and 40 CFR 1039.130, which require the engine manufacturer 
to provide engine installation and maintenance instructions to buyers; 
the engine labeling requirements in 40 CFR 1039.135; and the general 
compliance provisions in 40 CFR part 1068. Manufacturers of certified 
stationary CI ICE that must meet the emission standards of 40 CFR part 
89 or 40 CFR part 94 must meet the corresponding provisions of 40 CFR 
part 89 or 40 CFR part 94 for engines that would be covered by that 
part if they were nonroad (including marine) engines. After the Tier 4 
standards take effect, manufacturers of emergency stationary CI ICE 
that do not meet the standards for non-emergency engines must add to 
each such emergency engine a permanent label which states that the 
engine is for emergency use only. Engine manufacturers must also 
specify in the owner's manual that operation of emergency engines is 
limited to emergency operations and required maintenance and testing.
    Engine manufacturers that certify an engine family or families to 
standards under the final rule that are identical to standards 
applicable under 40 CFR part 89, 40 CFR part 94, or 40 CFR part 1039 
for that model year may certify any such family that contains both 
nonroad (including marine) and stationary engines as a single engine 
family and/or may include any such family containing stationary engines 
in the averaging, banking and trading (ABT) provisions applicable for 
such engines under those parts.
    EPA has used ABT often in the context of the nonroad engine 
program. The averaging provisions basically allow manufacturers to 
certify certain engine families to emission levels more stringent than 
required and to certify other engine families to levels less stringent 
than required, as long as the average emission levels to which these 
engine families are certified are at least equal to the appropriate 
standards. The banking program allows manufacturers to generate credits 
by certifying engine families to more stringent standards than required 
in a particular year and to use such credits in later years. The 
trading provisions allow engine manufacturers to trade credits with 
other engine manufacturers covered by the same requirements. The ABT 
provisions include significant restrictions and compliance 
requirements, including upper limits on the level to which any engine 
family may certify.
    Under the nonroad engine program, the ABT provisions, where 
applied, are important elements in our determination of the standards 
of performance that represent ``the greatest degree of emission 
reduction achievable through the application of technology which the 
Administrator determines will be available for the engines * * * to 
which the standards apply, giving appropriate consideration to the cost 
of applying such technology within the period of time available to 
manufacturers and to noise, energy and safety factors * * *.'' See CAA 
section 213(a)(3) and Natural Resources Defense Council v. Thomas, 805 
F.2d 410, 425 (D.C. Cir. 1986) (upholding EPA regulations allowing 
manufacturers to meet emission standards for heavy-duty engines by 
averaging among engine families); see also discussions at 69 FR 38996 
(June 29, 2004) and 55 FR 30584, 93-99 (July 26, 1990).
    Similarly, we believe that these ABT provisions are essential 
elements in our determination that the final standards reflect best 
BDT. The flexibility provided by the ABT provisions allows the 
manufacturer to adjust its compliance for engine families for which 
coming into compliance with the standards will be particularly 
difficult or costly, without special delays or exceptions having to be 
written into the final rule. Emission-credit programs also create an 
incentive for the early introduction of new technology (for example, to 
generate credits in early years to create compliance flexibility for 
later engines), which allows certain engine families to act as 
trailblazers for new technology. This improves the feasibility of 
achieving the standards for the entire population of regulated engines. 
EPA has concluded as a factual matter, as reflected in this final rule, 
that an ABT program, operated at the level of the manufacturer, 
represents the best system of emissions reductions, considering all 
relevant factors.
    We believe the ABT provisions are appropriate for this program. The 
ABT provisions are applicable to engine manufacturers, who manufacture 
numerous engines for use in all areas of the country, as opposed to the 
final owner/operators of the units. These standards will apply to 
hundreds of different engine families that will be used in tens of 
thousands of different engines. The flexibility provided by the ABT 
program is an important instrument for manufacturers to use in meeting 
the stringent standards of this program affecting a large number of 
engine families.
    We are finalizing minor revisions to several existing mobile source 
regulations to help incorporate several of these provisions.
    EPA is requiring that manufacturers of stationary CI ICE that are 
seeking certificates of conformity be subject to the same fee 
provisions as those promulgated for comparable land-based and marine 
nonroad engines in EPA's most recent fees rulemaking (see 69 FR 26222, 
May 11, 2004) and be required to comply with the fees rule in the same 
manner as manufacturers already subject to the fees regulations. 
Because EPA will be providing certificates of conformity to stationary 
CI ICE manufacturers and, thus is providing a service or thing of value 
to the manufacturers, the Independent Offices Appropriations Act (31 
U.S.C. 9701) authorizes such a fee collection. Having reviewed the 
recent fees rule for the motor vehicle and engine compliance program, 
and its associated cost study which examined EPA's incurred cost of 
compliance services, we believe that the fees provided in that rule are 
appropriate for the comparable costs of administering the compliance 
program for the engines associated with this final rule. These engines 
are subject to the same general compliance regime as land-based nonroad 
CI engines and, for those with a displacement between 10 and 30 liters 
per cylinder, marine engines covered by the existing fees rule. We 
believe fees for each respective request for certification of 
conformity for stationary CI ICE should have the same fee amount as for 
those engines.
    Under the provisions of the existing fees rule, the initial fees 
for certification applications received in the 2004 and 2005 calendar 
years (for example, $1,822 and $826, respectively, for land-based 
nonroad CI engines and marine engines) are adjusted on an annual basis

[[Page 39160]]

based on several factors, including any changes in the number of 
certificates in the respective fee categories. Thus, the number of 
certificates that EPA issues for the engines covered by this final rule 
will be included in the respective fee categories when EPA conducts its 
annual calculation for the purposes of adjusting fees based on the 
existing regulatory formula. Please note that the fee amounts for 
calendar year 2006 have slightly increased from the fee amounts for the 
2004 and 2005 calendar year fees. See EPA's Guidance Letter CCD-05-05 
at https://www.epa.gov/otaq/cert/dearmfr/dearmfr.htm. Finally, EPA 
believes it appropriate to commence the collection of fees immediately 
for each certification of conformity request once the final rule 
becomes effective.
2. Owners and Operators
    All engines and control devices must be installed, configured, 
operated, and maintained according to the specifications and 
instructions provided by the engine manufacturer. EPA has also included 
the option for owners and operators to follow procedures developed by 
the owner or operator that have been approved by the engine 
manufacturer for cases where site-specific conditions may require 
changes to the manufacturer's typical guidelines. Other compliance 
requirements for owners and operators of stationary CI ICE depend on 
the displacement and model year of the engine. Owners and operators of 
pre-2007 model year engines with a displacement less than 30 liters per 
cylinder and Tier 1 fire pump engines can demonstrate compliance by 
purchasing an engine that is certified to meet the nonroad emission 
standards for the model year and maximum engine power of the engine. 
Other information such as performance test results for each pollutant 
for a test conducted on a similar engine; data from the engine 
manufacturer; data from the control device vendor; or conducting a 
performance test can also be used to demonstrate compliance with the 
emission standards. The records which indicate that the engine is 
complying with the emission standards of the final rule must be kept on 
file by the owner or operator of the engine and be available for 
inspection by the enforcing agency. Engine manufacturers and/or control 
device vendors may provide such information at the time of sale. 
Manufacturers that provide such information to their customers may also 
choose to place a label on the engine that indicates the engine meets 
the applicable standards for stationary CI ICE under 40 CFR part 60, 
subpart IIII, as long as the label does not violate or otherwise 
interfere with other labels or requirements mandated by other 
regulations. If the owner or operator chooses to conduct a performance 
test to demonstrate compliance with the final rule, the test must be 
conducted according to the in-use testing procedures of 40 CFR 1039, 
subpart F.
    Starting with 2007 model year engines with a displacement of less 
than 30 liters per cylinder, owners and operators of engines that are 
not fire pump engines are required to demonstrate compliance by 
purchasing an engine certified to meet the applicable emission standard 
for the model year and maximum engine power of the engine. Certified 
fire pump engines will be available between 2008 and 2011, depending on 
the size of the engine. For 2007 model year and later fire pump engines 
that are not required to be certified, owners and operators can 
demonstrate compliance using the procedures specified for pre-2007 
model year engines. Beginning with the model years shown in table 3 to 
the final rule, owners and operators of fire pump engines must purchase 
certified engines.
    If in-use testing is conducted, the owner and operator of engines 
with a displacement of less than 30 liters per cylinder would be 
required to meet not-to-exceed (NTE) emission standards instead of the 
standards in tables 1 and 2 of this preamble. Engines that are 
complying with the emission standards in 40 CFR part 1039 (Tier 4 
standards) must not exceed the NTE standards for the same model year 
and maximum engine power as required in 40 CFR 1039.101(e) and 40 CFR 
1039.102(g)(1), except as specified in 40 CFR 1039.104(d) starting when 
NTE requirements take effect for nonroad diesel engines under 40 CFR 
part 1039. Engines that are complying with the emission standards in 40 
CFR 89.112 (Tier 2/3 standards), and engines that are pre-2007 model 
year engines must meet the NTE standards in Equation 1 of this 
preamble:

[GRAPHIC] [TIFF OMITTED] TR11JY06.008

Where:

NTE = The NTE emission standard for each pollutant.
STD = The certification emission standard specified for each pollutant 
in table 1 or 2 of this preamble for the same model year and maximum 
engine power.
M = 1.25

    Alternatively, stationary CI ICE that are complying with the 
emission standards in 40 CFR 89.112 or that are pre-2007 model year 
engines may use the testing procedures specified for engines with a 
displacement of greater than or equal to 30 liters per cylinder, 
described in the next paragraph, instead of the NTE provisions 
discussed above.
    Owners and operators of stationary CI ICE with a displacement of 
greater than or equal to 30 liters per cylinder must conduct an initial 
performance test to demonstrate compliance with the emissions 
reductions requirements, establish operating parameters and monitor 
operating parameters continuously. Non-emergency engines with a 
displacement of greater than or equal to 30 liters per cylinder must 
also conduct annual performance tests. The NTE standards do not apply 
to engines that have a displacement of greater than or equal to 30 
liters per cylinder. Testing conducted on these engines must be 
performed to demonstrate that NOX and PM emission standards 
are achieved, and the tests must be conducted within 10 percent of 100 
percent peak (or the highest achievable) load.

G. What are the monitoring requirements?

    Owners and operators of stationary CI ICE that are equipped with 
catalyzed diesel particulate filters (CDPF) must install a backpressure 
monitor that will notify the operator when the high backpressure limit 
of the engine is approached. All emergency stationary CI ICE must have 
a non-resettable hour meter to track the number of hours operated 
during any type of operation.

H. What are the reporting and recordkeeping requirements?

    The owner or operator of non-emergency stationary CI ICE that are 
greater than 3,000 HP or with a displacement of greater than or equal 
to 10 liters per cylinder, and non-emergency stationary CI ICE pre-2007 
model year engines greater than 175 HP and not certified, must submit 
an initial notification. The initial notification must contain 
information identifying the owner or operator, the engine and control 
device, and the fuel used. As mentioned, engines that are not certified 
have various options for demonstrating initial compliance, which would 
be documented in records available on-site. Also, all owners and 
operators must keep records of all information necessary to demonstrate 
compliance with the emission standards such as records of all 
notifications submitted, any maintenance conducted on the engine, any 
performance tests conducted on the engine (or performance tests 
conducted on a similar engine that is used to

[[Page 39161]]

demonstrate compliance), engine manufacturer or control device vendor 
information, etc. Owners and operators of certified engines must keep 
records of documentation from the manufacturer that the engine is 
certified to meet the emission standards. Owners and operators of 
engines that are equipped with CDPF must install a backpressure monitor 
and are required to maintain records of any corrective action taken 
after the backpressure monitor has notified the owner or operator that 
the backpressure limit is approached. These records must be available 
for viewing upon request by the enforcing agency. Owners and operators 
of emergency engines are not required to submit initial notifications. 
However, these engines must have a non-resettable hour meter. Owners 
and operators of emergency engines are required to keep records of 
their hours of operation. Owners and operators must record the time of 
operation of the engine and the reason the engine was in operation 
during that time.

III. Summary of Significant Changes Since Proposal

    Most of the rationale used to develop the proposed rule remains the 
same for the final rule. Therefore, the rationale previously provided 
in the rule, as proposed, is not repeated in the final rule, and the 
rationale sections of the rule, as proposed, should be referred to. 
Changes that have been made to the rule since proposal are discussed in 
this section with rationale following in the Summary of Responses to 
Major Comments section.

A. Applicability

    The final rule includes an exemption for engines used at test 
cells/stands.
    The final rule also exempts area sources from title V permit 
requirements.

B. Fuel Requirements

    The proposed rule required the same fuel requirements for all 
engines, except engines used in Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands. The final rule does not 
require owners and operators of stationary CI ICE with a displacement 
of greater than or equal to 30 liters per cylinder subject to the rule 
that use diesel fuel to meet the 15 ppm fuel sulfur requirements. 
Owners and operators of these engines are subject to the 500 ppm fuel 
requirements only, starting October 1, 2007.
    In addition, EPA received comments on the proposal requesting that 
EPA delay the sulfur requirements for diesel fuel intended for 
stationary ICE in rural areas of Alaska until 2010, consistent with the 
approach that was expected to be proposed for nonroad and highway 
engines in rural Alaska. EPA believes it is appropriate to address 
stationary, highway and nonroad fuel requirements in one rule where all 
issues can be addressed and resolved. Therefore, on October 13, 2005 
(70 FR 59690), EPA proposed to revise the provisions of 40 CFR part 69 
(Special Exemptions from the CAA) to delay low sulfur fuel requirements 
for rural areas of Alaska until December 1, 2010, except that certain 
engines, including any 2011 model year and later stationary CI engines 
operating in rural Alaska prior to December 1, 2010, would be required 
to meet the 15 ppm sulfur requirement for diesel fuel. EPA has included 
a special section in the final rule that specifies that until December 
1, 2010, owners and operators of stationary CI engines located in 
Alaska should refer to 40 CFR part 69 to determine the diesel fuel 
requirements applicable to such engines.
    In addition, the final regulations include language that allows 
Alaska to submit for EPA approval through rulemaking process, by no 
later than January 11, 2008, an alternative plan for implementing the 
requirements of this regulation for public-sector electrical utilities 
located in rural areas of Alaska not accessible by the Federal Aid 
Highway System. The alternative plan must be based on the requirements 
of section 111 of the CAA including any increased risks to human health 
and the environment and must also be based on the unique circumstances 
related to remote power generation, climatic conditions, and serious 
economic impacts resulting from implementation of 40 CFR Part 60, 
Subpart IIII.
    EPA has included an option in the final rule for owners and 
operators of pre-2011 model year engines located in remote areas of 
Alaska to petition the Administrator to use any fuels mixed with used 
oil that do not meet the fuel requirements in Sec.  60.4207 of the 
final rule beyond the required fuel deadlines. The owner or operator 
must show that there is no other place to burn the used oil. Each 
petition, if approved, is valid for a period of up to 6 months.
    EPA has clarified that the fuel requirements in Sec.  60.4207 of 
the final rule only apply to stationary CI ICE that are subject to the 
rule, and do not apply to new engines manufactured prior to April 1, 
2006, unless they have been modified or reconstructed after July 15, 
2005.

C. Maintenance and Testing

    The proposed rule limited the use of emergency engines for the 
purpose of maintenance and testing to 30 hours per year. This limit has 
been increased in the final rule to 100 hours per year. EPA has also 
included a provision that allows anyone to petition the Administrator 
for additional hours, beyond the allowed 100 hours per year, if such 
additional hours should prove to be necessary for maintenance and 
testing reasons. EPA will not require a petition for additional hours 
if the hours beyond 100 hours per year for maintenance and testing 
purposes are mandated by regulation such as State or local 
requirements.

D. Emission Standards

    The emission standards for engines with a displacement of greater 
than or equal to 30 liters per cylinder in the final rule are different 
than in the rule, as proposed. EPA received comments that the proposed 
PM standards and the proposed NOX g/KW-hr standard were not 
achievable. EPA revised the standards for the final rule and believes 
the final levels are achievable through the use of on-engine controls, 
aftertreatment, and lower sulfur fuel.

E. Recordkeeping

    For emergency engines, EPA proposed that owners and operators 
record the use of the engine during non-emergency operation. These 
hours would be recorded through the non-resettable hour meter. Based on 
comments received on the rule, as proposed, EPA has determined that it 
is appropriate to require records of all operation, including hours 
operated during non-emergencies and hours operated during emergencies. 
The owner must also record the time of operation of the engine and the 
reason the engine was in operation during that time.

IV. Summary of Responses to Major Comments

    A more detailed summary of comments and EPA's responses can be 
found in the Summary of Public Comments document, which is available 
from the rulemaking docket (see ADDRESSES section).

A. Applicability/Effective Date

    Comment: One commenter expressed that the 6-month installation date 
deadlines in Sec.  60.4208 of the proposed rule are problematic and 
unworkable. The period of time between the manufacture of a stationary 
CI engine and its installation is regularly in excess of 6 months. The 
NSPS should incorporate the relevant anti-stockpiling

[[Page 39162]]

from the nonroad rule (40 CFR 89.1003(b)(4)) instead.
    Another commenter said that Sec.  60.4208(a) of the proposed rule 
does not exclude fire pumps (emergency CI ICE), but Sec.  60.4208(c) 
through (f) of the proposed rule does. A 6-month time limitation will 
become problematic, the commenter said. Due to construction project 
complexities, size and delays, NFPA certified fire pump engines may not 
be installed for as long as 1 year after the date of sale by the NFPA 
certifier. The NFPA certified fire pump engines are typically not 
purchased for inventory, and therefore, are self regulated by the date 
of manufacturer. The commenter stated that fire pump engines should be 
exempt from this fixed time restriction.
    Response: EPA agrees with the commenters that the 6-month deadline 
for installing engines of a previous tier is not long enough to allow 
for the time that typically elapses between order and installation of 
an engine and may prevent engine manufacturers from using up existing 
inventories of engines. Therefore, EPA increased the time limit to 24 
months after the beginning of the model year. EPA has also included 
anti-stockpiling provisions similar to those used for nonroad engines 
to prohibit stockpiling of previous tier engines in the final rule. 
Also, EPA was concerned about imports of non-compliant stationary CI 
engines and has made it clear in Sec.  60.4208 of the final rule that 
the limitations of that section apply to imports of engines with a 
displacement of less than 30 liters per cylinder also. Engines with a 
displacement greater than or equal to 30 liters per cylinder are not 
included in this provision since compliance with the emission standards 
for those engines can only be demonstrated through on-site stack 
testing. Finally, EPA has exempted stationary emergency fire pump 
engines from the deadlines in Sec.  60.4208(a) and (b) of the final 
rule to account for the fact that fire pumps have different timing 
requirements for the emission standards they have to meet.
    Comment: One commenter requested that the rule exempt area sources 
from the requirement to have a title V permit solely because of the 
presence of an affected engine.
    Response: Section 502(a) of the CAA specifies the sources that are 
required to obtain operating permits under title V. These sources 
include (1) any affected source subject to the acid deposition 
provisions of title IV of the CAA, (2) any major source, (3) any source 
required to have a permit under parts C or D of title I of the CAA, (4) 
``any other source (including an area source) subject to standards 
under section 111 (new source performance standards) or 112 (national 
emissions standards for hazardous air pollutants),'' and (5) any other 
stationary source in a category designated by regulations promulgated 
by the Administrator.
    Section 502(a) of the CAA also provides that the Administrator may 
``promulgate regulations to exempt one or more source categories (in 
whole or in part) from the requirements of this subsection if the 
Administrator finds that compliance with such requirements is 
impracticable, infeasible, or unnecessarily burdensome on such 
categories, except that the Administrator may not exempt any major 
source from such requirements.'' EPA has exempted many area sources 
subject to section 111 or 112 standards from title V requirements in 
prior rulemakings, in particular see a recent final rule, 70 FR 75320, 
December 19, 2005, that provides additional background information and 
rationale for such exemptions for a large number of area sources 
subject to CAA section 112 standards.
    In the case of affected stationary CI engines located at area 
sources, EPA believes compliance with permit requirements under title V 
would be impracticable, infeasible and unnecessarily burdensome for the 
reasons explained below.
    First, title V permits would be unnecessarily burdensome for area 
sources subject to this final rule because title V would not result in 
significant improvements to compliance with the CAA section 111(b) 
standard for the area sources. (The term ``title V permits'' used here 
refers to permits issued under 40 CFR parts 70 or 71 by either a State 
or local agency or EPA.) For a great number of these area sources, 
these engines are the only emission source and the owner/operator 
(often a hospital or a school) will not be at all familiar with the 
requirements for permits. To demonstrate compliance with these section 
111(b) standards, the final rule requires the owner or operator of the 
area source to purchase a certified stationary CI engine. Certification 
that the engine meets the emission reduction requirements of this final 
rule is done by the manufacturer of the engine, rather than the area 
source that owns or operates the engine. This strategy places a 
significant amount of responsibility for compliance with the standard 
on the manufacturer, compared to many other emission standards that 
place the compliance responsibility on the owner or operator. EPA 
believes this strategy is the most effective way to ensure that the 
standard is met during the useful life of the engine. Also, title V 
would not result in significa