Standards of Performance for Stationary Spark Ignition Internal Combustion Engines and National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines, 3568-3614 [E7-25394]
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3568
Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 63, 85, 90, 1048, 1065,
and 1068
[EPA–HQ–OAR–2005–0030, FRL–8512–4]
RIN 2060–AM81
Standards of Performance for
Stationary Spark Ignition Internal
Combustion Engines and National
Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal
Combustion Engines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
rwilkins on PROD1PC63 with NOTICES
SUMMARY: EPA is promulgating new
source standards of performance for
stationary spark ignition internal
combustion engines. EPA is also
promulgating national emission
standards for hazardous air pollutants
for new and reconstructed stationary
reciprocating internal combustion
engines that either are located at area
sources of hazardous air pollutant
emissions or that have a site rating of
less than or equal to 500 brake
horsepower and are located at major
sources of hazardous air pollutant
emissions.
DATES: This final rule is effective on
March 18, 2008. The incorporation by
reference of certain publications listed
in the final rule is approved by the
Director of the Federal Register as of
March 18, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2005–0030. EPA
also relies on materials in Docket ID No.
EPA–HQ–OAR–2005–0029 and
incorporates that docket into the record
for the final rule. All documents in the
docket are listed on the
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the EPA Headquarters Library, Room
Number 3334, EPA West Building, 1301
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Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation will be 8:30 a.m. to
4:30 p.m. Eastern Standard Time (EST),
Monday through Friday. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air and Radiation
Docket and Information Center is (202)
566–1742.
FOR FURTHER INFORMATION CONTACT: Mr.
´
Jaime Pagan, Energy Strategies Group,
Sector Policies and Programs Division
(D243–01), Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711; telephone number (919)
541–5340; facsimile number (919) 541–
5450; e-mail address
pagan.jaime@epa.gov.
SUPPLEMENTARY INFORMATION:
Background Information Document.
EPA proposed new source performance
standards (NSPS) for stationary spark
ignition internal combustion engines,
and national emission standards for
hazardous air pollutants (NESHAP) for
stationary reciprocating internal
combustion engines that either are
located at area sources of hazardous air
pollutant emissions or that have a site
rating of less than or equal to 500 brake
horsepower and are located at major
sources of hazardous air pollutant
emissions, on June 12, 2006 (71 FR
33803), and received 46 comment letters
on the proposal. A background
information document BID) (‘‘Response
to Public Comments on Proposed
Standards of Performance for Stationary
Spark Ignition Internal Combustion
Engines and National Emission
Standards for Hazardous Air Pollutants
for Stationary Reciprocating Internal
Combustion Engines’’) containing EPA’s
responses to each public comment and
the Economic Impact Analysis Report
are available in Docket ID No. EPA–HQ–
OAR–2005–0030.
Organization of This Document. The
following outline is provided to aid in
locating information in the preamble.
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this
document?
C. Judicial Review
D. Why is EPA not promulgating a final
decision on existing stationary
reciprocating internal combustion
engines?
II. Background
III. Summary of the Final Rule
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A. What is the source category regulated by
the final rule?
B. What are the pollutants regulated by the
final rule?
C. What are the final standards?
D. What are the requirements for sources
that are modified or reconstructed?
E. What are the requirements for
demonstrating compliance?
F. What are the reporting and
recordkeeping requirements?
IV. Summary of Significant Changes Since
Proposal
A. Compliance Dates
B. Distinguishing Sources Based on Size
C. Hydrocarbon Limit
D. Alternative Limits in Concentration
Units
E. Emergency Engine Standards
F. Emergency Engine Definition
G. Manufacturer O&M Requirements
H. Streamlined Compliance Requirements
V. Summary of Responses to Major
Comments
A. Compliance Dates
B. Final Hydrocarbon Emission Limits
C. Emergency Engine Standards
D. Emergency Engine Definition
E. Manufacturer O&M Requirements
F. Streamlined Compliance Requirements
VI. Summary of Environmental, Energy and
Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the benefit estimates?
D. What are the economic impacts?
E. What are the non-air health,
environmental and energy impacts?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations.
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
Categories and entities potentially
regulated by this action include:
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Category
NAICS 1
Examples of regulated entities
Any manufacturer that produces or any industry using a stationary internal combustion engine
as defined in the final rule.
2211 .................
Electric power generation,
transmission, or distribution.
Medical and surgical hospitals.
Motor and generator manufacturing.
Pump and compressor
manufacturing.
Welding and soldering
equipment manufacturing.
Natural gas transmission.
Crude petroleum and natural gas production.
Natural gas liquids producers.
National security.
622110 .............
335312 .............
333912 .............
333992 .............
48621 ...............
211111 .............
211112 .............
92811 ...............
1 North
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. To determine
whether your engine is regulated by this
action, you should examine the
applicability criteria of the final rule. If
you have any questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of this final
action will also be available on the
Worldwide Web (WWW) through the
Technology Transfer Network (TTN).
Following signature, a copy of this final
action will be posted on the TTN’s
policy and guidance page for newly
proposed or promulgated rules at the
following address: https://www.epa.gov/
ttn/oarpg/. The TTN provides
information and technology exchange in
various areas of air pollution control.
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C. Judicial Review
Under section 307(b)(1) of the Clean
Air Act (CAA), judicial review of these
final rules is available only by filing a
petition for review in the U.S. Court of
Appeals for the District of Columbia
Circuit by September 14, 2007. Under
section 307(d)(7)(B) of the CAA, only an
objection to these final rules that was
raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
Moreover, under section 307(b)(2) of the
CAA, the requirements established by
these final rules may not be challenged
separately in any civil or criminal
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proceedings brought by EPA to enforce
these requirements.
D. Why is EPA not promulgating a final
decision for existing stationary
reciprocating internal combustion
engines?
In the notice of proposed rulemaking
for this rule, published on April 12,
2006, EPA proposed maximum
achievable control technology (MACT)
and generally available control
technology (GACT) standards of no
emission reductions for existing
engines. During the comment period
following the proposal, EPA received
several comments indicating that the
proposed emission standards for
existing engines were not appropriate.
In addition, since the publication of the
proposed rulemaking, the U.S. Court of
Appeals for the District of Columbia
Circuit issued a ruling on March 13,
2007 involving litigation on the Brick
MACT, which set emission standards
for major sources. (40 CFR part 63,
subpart JJJJJ) that appears to impact
EPA’s ability to finalize its proposed
‘‘no reduction’’ MACT standards for
existing sources. Sierra Club v. EPA, 479
F.3d 875 (DC Cir 2007). Among other
things, the D.C. Circuit found unlawful
EPA’s no emission reduction control
floors, which EPA established for
categories in which the best performers
used no emission reduction control
technology. Because in the proposed
rule EPA used a MACT floor
methodology similar to the methodology
used in the Brick MACT, EPA intends
to re-evaluate the MACT floors for
existing major sources that have a site
rating of less than or equal to 500 brake
horsepower consistent with the Court’s
decision in the Brick MACT case. EPA
also intends to re-evaluate the standards
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for existing area sources in light of the
comments received on the proposed
rule.
For these reasons, this final rule does
not promulgate any standards with
regards to existing engines. EPA’s plan
is to engage in a separate rulemaking
process that will focus on existing
sources. EPA intends to gather further
information on existing engines and
then promulgate standards that will take
into account the comments it has
received, the intervening court decision,
and any new information EPA receives
as a part of the rulemaking process. EPA
expects to propose standards early in
2009.
II. Background
This action promulgates new source
performance standards (NSPS) that
would apply to new, modified and
reconstructed stationary spark ignition
(SI) internal combustion engines (ICE).
New source performance standards
implement section 111(b) of the CAA,
and are issued for categories of sources
which cause, or contribute significantly
to, air pollution which may reasonably
be anticipated to endanger public health
or welfare. The standards apply to new
stationary sources of emissions, i.e.,
sources whose construction,
reconstruction, or modification begins
after a standard for those sources is
proposed. The NSPS for stationary SI
ICE is promulgated under 40 CFR part
60, subpart JJJJ.
This action also promulgates national
emission standards for hazardous air
pollutants (NESHAP) from new and
reconstructed stationary reciprocating
internal combustion engines (RICE) with
a site rating of less than or equal to 500
horsepower (HP) located at major
sources, and new and reconstructed
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stationary RICE located at area sources.
The NESHAP are promulgated under 40
CFR part 63, subpart ZZZZ.
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III. Summary of the Final Rule
A. What is the source category regulated
by the final rule?
The final NSPS apply to new
stationary SI ICE. A stationary internal
combustion engine means any internal
combustion engine, except combustion
turbines, that converts heat energy into
mechanical work and is not mobile.
Stationary ICE differ from mobile ICE in
that a stationary internal combustion
engine is not a nonroad engine as
defined at 40 CFR 1068.30, and is not
used to propel a motor vehicle or a
vehicle used solely for competition.
Stationary ICE include reciprocating
ICE, rotary ICE, and other ICE, except
combustion turbines. The final NESHAP
apply only to stationary RICE. To our
knowledge, no rotary or other types of
stationary ICE exist at this time.
The SI NSPS address emissions from
new, modified and reconstructed
stationary SI engines. An SI engine is
either a gasoline-fueled engine; or any
other type of engine, with a spark plug
(or other sparking device) and with
operating characteristics significantly
similar to the theoretical Otto
combustion cycle. Spark ignition
engines usually use a throttle to regulate
intake air flow to control power during
normal operation. Dual-fuel engines in
which a liquid fuel (typically diesel
fuel) is used for compression ignition
and gaseous fuel (typically natural gas)
is used as the primary fuel at an annual
average ratio of less than 2 parts diesel
fuel to 100 parts total fuel on an energy
equivalent basis are considered SI
engines for purposes of the final rule.
The final NESHAP address emissions
from new and reconstructed stationary
engines less than or equal to 500 HP
located at major sources and all new
and reconstructed stationary engines
located at area sources. A major source
of HAP emissions is a plant site that
emits or has the potential to emit any
single hazardous air pollutant (HAP) at
a rate of 10 tons (9.07 megagrams) or
more per year or any combination of
HAP at a rate of 25 tons (22.68
megagrams) or more per year, except
that for oil and gas production facilities,
a major source of HAP emissions is
determined for each surface site. An
area source of HAP emissions is a
source that is not a major source.
If you are an owner or operator of an
area source subject to the final rule, you
are exempt from the obligation to obtain
a permit under 40 CFR part 70 or 71,
provided you are not required to obtain
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a permit under 40 CFR 70.3(a) or 40 CFR
71.3(a) for a reason other than your
status as an area source under the final
rule.
1. SI NSPS
New source performance standards
for stationary SI engines are issued
under section 111(b) of the CAA. All
new, modified and reconstructed
stationary SI engines are covered
regardless of size. The NSPS apply to
stationary SI engines combusting any
fuel (natural gas, gasoline, liquefied
petroleum gas (LPG), compressed
natural gas, landfill gas, digester gas,
and any other applicable fuel). New
source performance standards require
these sources to control emissions to the
level achievable by best demonstrated
technology (BDT), considering costs and
any non-air quality health and
environmental impacts and energy
requirements.
Under section 111 of the CAA, 42
U.S.C. 7411, the Administrator is
required to publish, and periodically
update, a list of source categories that in
his or her judgment cause, or contribute
significantly to, air pollution which may
reasonably be anticipated to endanger
public health or welfare. This list
appears in 40 CFR 60.16. The list
reflects the Administrator’s
determination that emissions from the
listed source categories contribute
significantly to air pollution that may
reasonably be anticipated to endanger
public health or welfare, and it is
intended to identify major source
categories for which standards of
performance are to be promulgated.
EPA has determined that for purposes
of NSPS regulations, the stationary
internal combustion engine source
category should be split into two source
categories—SI engines and compression
ignition (CI) engines. Final NSPS for
stationary CI engines were published on
July 11, 2006 (71 FR 39154).
2. NESHAP
The NESHAP portion of this action is
a revision to the regulations in 40 CFR
part 63, subpart ZZZZ, currently
applicable to stationary RICE greater
than 500 HP located at major sources,
which were promulgated in 2004. When
the subpart ZZZZ of 40 CFR part 63
regulations were promulgated in 2004
(69 FR 33474), EPA deferred
promulgating regulations with respect to
stationary engines 500 HP or less at
major sources until further information
on the engines could be obtained and
analyzed. It was decided to regulate
these smaller engines at the same time
as EPA regulates engines located at area
sources.
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This action revises 40 CFR part 63,
subpart ZZZZ, in order to address HAP
emissions from new and reconstructed
stationary RICE less than or equal to 500
HP located at major sources and new
and reconstructed stationary RICE
located at area sources. For stationary
engines less than or equal to 500 HP at
major sources, EPA must determine
what is the appropriate MACT for those
engines under section 112(d)(3) of the
CAA.
For stationary engines located at area
sources, EPA has the flexibility to
promulgate standards based on GACT
under CAA section 112(d)(5). EPA listed
stationary RICE located at area sources
under sections 112(c)(3) and 112(k) of
the CAA, and consistent with section
112(c)(3) is establishing standards for
the source category in this final rule.
The criteria relevant to EPA’s listing of
this area source category is set forth in
the Urban Air Toxics Strategy described
in the paragraph below.
On July 19, 1999, EPA announced in
the Federal Register its plan for
addressing exposure to air toxics in
urban areas. The strategy addressed
sections 112(c)(3) and 112(k)(3)(B)(ii) of
the CAA that instruct EPA to identify
not less than 30 HAP which, as the
result of emissions from area sources,
present the greatest threat to public
health in the largest number of urban
areas, and to list sufficient area source
categories or subcategories to ensure
that emissions representing 90 percent
of the 30 listed HAP are subject to
regulation. The strategy included a list
of 30 HAP judged to pose the greatest
potential threat to public health in the
largest number of urban areas (the urban
HAP). In the strategy, EPA also listed
the area source categories that account
for 90 percent of the urban HAP
emissions. EPA listed the stationary
internal combustion engine source
category under section 112(c)(3) and (k)
for the following urban HAP: 7 PAH,
acetaldehyde, arsenic, benzene,
beryllium compounds, cadmium
compounds and formaldehyde.
Pursuant to section 112(c), the listed
area source categories shall be subject to
standards under section 112(d) of the
CAA.
3. Differentiation by Fuel Type
The final rule differentiates between
gasoline, LPG, natural gas, and digester
and landfill gas. Gasoline and LPG are
fuels more commonly used in nonroad
engines than stationary engines.
Nonroad SI engines less than or equal to
19 kilowatt (KW) (25 HP) typically use
gasoline. It is estimated that about 68
percent of SI nonroad engines above 19
KW (25 HP) use LPG. A smaller
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percentage of nonroad SI engines above
19 KW (25 HP) use gasoline (about 23
percent) and even less use compressed
natural gas (about 9 percent). Natural
gas fuel is more common in larger,
stationary applications. Natural gas
engines refer to all gaseous-fueled
engines except those fueled by landfill
and digester gas. Natural gas is
primarily composed of methane and
typically contains very low levels of
sulfur. Other fuels used with stationary
SI engines are landfill and digester
gases. These gases are by-products of
wastewater treatment and land
application of municipal reuse. Landfill
and digester gases, which are formed
through anaerobic decomposition of
organic materials, are principally
comprised of methane and carbon
dioxide, but small quantities of other
compounds such as hydrogen sulfide,
ammonia, volatile organic compounds,
and particulate matter (PM) may also be
present. Although similar in
composition to natural gas, there are
some differences in the emissions from
combustion of landfill and digester
gases due to e.g., chlorinated
compounds are typically not found in
natural gas. Both landfill and digester
gases contain a family of silicon-based
gases collectively called siloxanes.
Combustion of siloxanes forms
compounds that have been known to
foul fuel systems, combustion chambers,
and post-combustion catalysts.
B. What are the pollutants regulated by
the final rule?
The pollutants to be regulated by the
final NSPS for stationary SI engines are
nitrogen oxides (NOX), carbon
monoxide (CO), and volatile organic
compounds (VOC). In addition, a sulfur
limit on gasoline is being finalized.
The final NESHAP regulate HAP (for
areas sources, the NESHAP regulates the
seven urban HAP listed above) through
formaldehyde, CO, or VOC which EPA
has established are appropriate
surrogates for HAP emissions from
certain engine types.
C. What are the final standards?
A description of the final standards is
provided in the following sections.
1. SI NSPS
a. Stationary SI Engines ≤19 KW (25
HP). The final standards affect
manufacturers, owners, and operators of
stationary SI engines. Engine
manufacturers must certify their
stationary SI engines with a maximum
engine power less than or equal to 19
KW (25 HP) that are manufactured after
July 1, 2008, to the certification
emission standards for new nonroad SI
engines in 40 CFR part 90, as applicable.
The standards applicable to these
engines are summarized in Table 1 of
this preamble.
TABLE 1.—NOX, HC, NMHC, AND CO EMISSION STANDARDS IN G/KW-HR (G/HP-HR) FOR STATIONARY SI ENGINES >19
KW (25 HP)
Emission standards in g/KW-hr (g/HP-hr) b
Engine class a
HC+NOX
I ....................................................................................................................................................
NMHC+NOX c
16.1
(12.0)
50
37
40
(30)
12.1
(9.0)
I–A ................................................................................................................................................
I–B ................................................................................................................................................
II ...................................................................................................................................................
CO
14.8
(11.0)
........................
........................
37
(27.6)
11.3
(8.4)
610
(455)
a Class I–A: Engines with displacement less than 66 cubic centimeters (cc); Class I–B: Engines with displacement greater than or equal to 66
cc and less than 100 cc; Class I: Engines with displacement greater than or equal to 100 cc and less than 225 cc; Class II: Engines with displacement greater than or equal to 225 cc.
b Modified and reconstructed engines manufactured prior to July 1, 2008, must meet the standards applicable to engines manufactured after
July 1, 2008.
c NMHC+NO standards are applicable only to natural gas fueled engines at the option of the manufacturer, in lieu of HC+NO standards.
X
X
b. Stationary Non-Emergency SI
Gasoline Engines >19 KW (25 HP) and
Rich Burn LPG Engines >19 KW (25
HP). Engine manufacturers must certify
their stationary non-emergency SI
engines with a maximum engine power
greater than 19 KW (25 HP) and less
than 500 HP that use gasoline or rich
burn engines greater than 19 KW (25
HP) and less than 500 HP that use LPG
that are manufactured after July 1, 2008,
to the certification emission standards
for new nonroad SI engines in 40 CFR
part 1048, as applicable. Engine
manufacturers must certify their
stationary non-emergency SI engines
with a maximum engine power greater
than or equal to 500 HP that use
gasoline or rich burn engines greater
than or equal to 500 HP that use LPG
that are manufactured after July 1, 2007,
to the certification emission standards
for new nonroad SI engines in 40 CFR
part 1048. The standards applicable to
manufacturers of non-emergency
engines greater than 19 KW (25 HP) that
are gasoline or rich burn engines that
use LPG are summarized in Table 2 of
this preamble.
TABLE 2.—NOX, HC, AND CO EMISSION STANDARDS IN G/KW-HR (G/HP-HR) FOR MANUFACTURERS OF STATIONARY
NON-EMERGENCY SI GASOLINE ENGINES >19 KW (25 HP) AND RICH BURN LPG ENGINES >19 KW (25 HP)
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Maximum engine power
Emission requirement in g/KW-hr
(g/HP-hr) a, b
Manufacture date
HC+NOX
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2.7
(2.0)
2.7
(2.0)
CO
4.4
(3.3)
130.0
(97.0)
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TABLE 2.—NOX, HC, AND CO EMISSION STANDARDS IN G/KW-HR (G/HP-HR) FOR MANUFACTURERS OF STATIONARY
NON-EMERGENCY SI GASOLINE ENGINES >19 KW (25 HP) AND RICH BURN LPG ENGINES >19 KW (25 HP)—Continued
Maximum engine power
Emission requirement in g/KW-hr
(g/HP-hr) a, b
Manufacture date
HC+NOX
HP≥500 d .....................................................................
July 1, 2007 ................................................................
CO
2.7
(2.0)
2.7
(2.0)
July 1, 2007 ................................................................
(severe duty e) ............................................................
4.4
(3.3)
130.0
(97.0)
a You may optionally certify your engines according to the following formula instead of the standards in Table 2 of this preamble: (HC+NO )
X
CO0.784≤8.57. The HC+NOX and CO emission levels you select to satisfy this formula, rounded to the nearest 0.1 g/KW-hr, become the emission
standards that apply for those engines. You may not select an HC+NOX emission standard higher than 2.7 g/KW-hr or a CO emission standard
higher than 20.6 g/KW-hr.
b Provisions in 40 CFR part 1048 allow engines with a maximum engine power at or below 30 KW (40 HP) with a total displacement at or
below 1,000 cubic centimeters (cc) to comply with the requirements of 40 CFR part 90.
c Modified and reconstructed engines between 25 and 500 HP manufactured prior to July 1, 2008, must meet the standards applicable to engines manufactured after July 1, 2008.
d Modified and reconstructed engines greater than or equal to 500 HP manufactured prior to July 1, 2007, must meet the standards applicable
to engines manufactured after July 1, 2007.
e Severe-duty engines are engines used in, for example, concrete saws, concrete pumps, and similar severe applications where air-cooled engines must be used. There are expected to be very few, if any, severe-duty stationary engines.
In addition to the emission standards
shown in Table 2 of this preamble, there
are separate field testing standards
required under 40 CFR part 1048 that
are part of the certification requirements
for engine manufacturers.
c. Stationary Non-Emergency SI
Natural Gas Engines 192005
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using LPG that are manufactured
between July 1, 2008 and January 1,
2011, must limit their exhaust emissions
of NOX to 2.0 g/HP-hr, emissions of CO
to 4.0 g/HP-hr, and emissions of VOC to
1.0 g/HP-hr. Owners and operators may
as an alternative limit their exhaust
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emissions of NOX to 160 parts per
million by volume, dry basis (ppmvd) at
15 percent oxygen (O2), emissions of CO
to 540 ppmvd at 15 percent O2, and
emissions of VOC to 86 ppmvd at 15
percent O2 instead of the g/HP-hr limits.
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Stationary SI engines with a
maximum engine power between 100
HP and 500 HP that are natural gas
engines or lean burn engines using LPG
that are manufactured after January 1,
2011, must limit their exhaust emissions
of NOX to 1.0 g/HP-hr, emissions of CO
to 2.0 g/HP-hr, and emissions of VOC to
0.7 g/HP-hr. Again, owners and
operators may as an alternative limit
their exhaust emissions of NOX to 82
ppmvd at 15 percent O2, emissions of
CO to 270 ppmvd at 15 percent O2, and
emissions of VOC to 60 ppmvd at 15
percent O2 instead of the g/HP-hr limits.
Owners and operators who purchase
stationary SI engines with a maximum
engine power greater than or equal to
500 HP that are natural gas engines or
lean burn engines using LPG that are
manufactured after July 1, 2007, must
limit their exhaust emissions of NOX to
2.0 g/HP-hr, emissions of CO to 4.0 g/
HP-hr, and emissions of VOC to 1.0 g/
HP-hr, except that these standards apply
to lean burn engines between 500 and
1,350 HP manufactured after January 1,
2008. Instead of complying with limits
in terms of g/HP-hr, owners and
operators may limit their exhaust
emissions of NOX to 160 ppmvd at 15
percent O2, emissions of CO to 540
ppmvd at 15 percent O2, and emissions
of VOC to 86 ppmvd at 15 percent O2.
Stationary SI engines with a
maximum engine power greater than or
equal to 500 HP that are natural gas
engines or lean burn engines using LPG
that are manufactured after July 1, 2010,
must limit their exhaust emissions of
NOX to 1.0 g/HP-hr, emissions of CO to
2.0 g/HP-hr, and emissions of VOC to
0.7 g/HP-hr. Instead of complying with
limits in terms of g/HP-hr, owners and
operators may limit their exhaust
emissions of NOX to 82 ppmvd at 15
percent O2, emissions of CO to 270
ppmvd at 15 percent O2, and emissions
of VOC to 60 ppmvd at 15 percent O2.
Engine manufacturers may voluntarily
certify their stationary non-emergency
SI natural gas engines greater than or
equal to 100 HP and lean burn LPG
engines greater than or equal to 100 HP,
but the certification is not required by
the rule. Additionally, for natural gas
engines below 500 HP manufactured
prior to January 1, 2011, and natural gas
engines greater than or equal to 500 HP
manufactured prior to July 1, 2010,
engine manufacturers may choose to
certify their engines to the standards for
non-severe duty engines in 40 CFR part
1048 (see Table 2 of this preamble).
A summary of the emission standards
that apply to stationary non-emergency
SI natural gas engines greater than or
equal to 100 HP and lean burn LPG
engines greater than or equal to 100 HP
are shown in Table 4 of this preamble.
For lean burn LPG engines greater
than or equal to 100 HP, manufacturers
may certify these engines to the
certification emission standards in 40
CFR part 1048 instead of the emission
standards shown in Table 4 of this
preamble.
TABLE 4.—NOX, CO, AND VOC EMISSION STANDARDS FOR STATIONARY SI ENGINES ≥100 HP (EXCEPT GASOLINE AND
RICH BURN LPG), STATIONARY SI LANDFILL/DIGESTER GAS ENGINES, AND STATIONARY EMERGENCY ENGINES >25 HP
Emission standards a
Engine type and fuel
Maximum engine power
Manufacture
date
g/HP-hr
NOX
CO
ppmvd at 15% O2
VOC
NOX
CO
VOC
Non-Emergency SI Natural Gas and Non-Emergency SI Lean Burn LPG.
100≤HP<500 ..................
7/1/2008
2.0
4.0
1.0
160
540
86
Non-Emergency SI Lean Burn Natural Gas and
LPG.
500≥HP<1,350 ...............
1/1/2011
1/1/2008
1.0
2.0
2.0
4.0
0.7
1.0
82
160
270
540
60
86
Non-Emergency SI Natural Gas and Non-Emergency SI Lean Burn LPG (except lean burn
500≥HP<1,350).
HP≥500 ..........................
7/1/2010
7/1/2007
1.0
2.0
2.0
4.0
0.7
1.0
82
160
270
540
60
86
HP≥500 ..........................
HP<500 ..........................
7/1/2010
7/1/2008
1.0
3.0
2.0
5.0
0.7
1.0
82
220
270
610
60
80
1/1/2011
7/1/2007
7/1/2010
1/1/2008
7/1/2010
1/1/2009
....................
2.0
3.0
2.0
3.0
2.0
b 10
2.0
5.0
5.0
5.0
5.0
5.0
387
4.0
1.0
1.0
1.0
1.0
1.0
N/A
1.0
150
220
150
220
150
N/A
160
610
610
610
610
610
N/A
540
80
80
80
80
80
N/A
86
Landfill/Digester
Gas
500≥HP<1,350).
(except
lean
burn
HP≥500 ..........................
Landfill/Digester Gas lean burn ...............................
500≥HP<1,350 ...............
Emergency ..............................................................
25>HP<130 ....................
HP≥130 ..........................
rwilkins on PROD1PC63 with NOTICES
a Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either g/HP-hr or
ppmvd at 15 percent O2.
b The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NO +HC.
X
e. Stationary SI Landfill/Digester Gas
Engines. Owners and operators who
purchase stationary landfill or digester
SI engines that are manufactured after
July 1, 2007, that are greater than or
equal to 500 HP must limit their exhaust
emissions of NOX to 3.0 g/HP-hr,
emissions of CO to 5.0 g/HP-hr, and
emissions of VOC to 1.0 g/HP-hr, except
that these standards apply to lean burn
engines between 500 and 1,350 HP
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manufactured after January 1, 2008.
Instead of complying with limits in
terms of g/HP-hr, owners and operators
may limit their exhaust emissions of
NOX to 220 ppmvd at 15 percent O2,
emissions of CO to 610 ppmvd at 15
percent O2, and emissions of VOC to 80
ppmvd at 15 percent O2.
Stationary landfill and digester gas SI
engines greater than or equal to 500 HP
that are manufactured after July 1, 2010,
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must limit their exhaust emissions of
NOX to 2.0 g/HP-hr, emissions of CO to
5.0 g/HP-hr, and emissions of VOC to
1.0 g/HP-hr. Instead of complying with
limits in terms of g/HP-hr, owners and
operators may limit their exhaust
emissions of NOX to 150 ppmvd at 15
percent O2, emissions of CO to 610
ppmvd at 15 percent O2, and emissions
of VOC to 80 ppmvd at 15 percent O2.
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Stationary SI engines that use landfill
or digester gas that are less than 500 HP
are given an extra 12 months to comply
with the standards. The first stage of
limits of 3.0, 5.0, and 1.0 g/HP-hr, for
NOX, CO, and VOC, respectively (or
220, 610, and 80 ppmvd at 15 percent
O2), applies to landfill and digester gas
engines manufactured after July 1, 2008.
The second stage of limits of 2.0, 5.0,
and 1.0 g/HP-hr, for NOX, CO, and VOC,
respectively (or 150, 610, and 80 ppmvd
at 15 percent O2), applies to landfill and
digester gas engines manufactured after
January 1, 2011. The emission standards
applicable to stationary SI landfill and
digester gas engines are shown in Table
4 of this preamble.
Engine manufacturers may voluntarily
certify their stationary SI landfill and
digester gas engines to the emission
standards in Table 4 of this preamble,
but the certification is not required by
the final rule.
f. Stationary Emergency SI Engines
>19 KW (25 HP). For stationary SI
engines greater than 25 HP that are
emergency engines, the final rule sets a
single stage of emission limits; however,
EPA has determined that it is
appropriate to have separate standards
for stationary emergency engines above
and below 130 HP.
Owners and operators who purchase
stationary emergency engines greater
than 25 HP and less than 130 HP that
are manufactured after January 1, 2009,
must limit their exhaust emissions of
HC+NOX to 10.0 g/HP-hr and emissions
of CO to 387 g/HP-hr. These standards
are consistent with the Phase I emission
standards for Class II nonroad engines
in 40 CFR part 90.
Owners and operators who purchase
stationary emergency engines greater
than or equal to 130 HP that are
manufactured after January 1, 2009,
must limit their exhaust emissions of
NOX to 2.0 g/HP-hr, emissions of CO to
4.0 g/HP-hr, and emissions of VOC to
1.0 g/HP-hr. Instead of complying with
limits in terms of g/HP-hr, owners and
operators may limit the exhaust
emissions from their emergency engines
to 160 ppmvd of NOX at 15 percent O2,
540 ppmvd of CO at 15 percent O2, and
86 ppmvd of VOC at 15 percent O2.
Engine manufacturers may voluntarily
certify their stationary emergency SI
engines greater than 25 HP, but the
certification is not required by the rule,
except for manufacturers of gasoline or
LPG rich burn emergency engines, who
must certify their engines to the
standards in 40 CFR part 90 (for engines
below 130 HP) or 40 CFR part 1048 (for
engines at or above 130 HP—see Table
2 of this preamble).
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g. Fuel Requirements. In addition to
emission standards, the final rule
requires that owners and operators who
use gasoline in their stationary SI engine
must use gasoline that meets the
requirements of 40 CFR 80.195. The
requirements include a gasoline sulfur
per gallon cap of 80 parts per million
(ppm).
2. NESHAP
a. Engines ≤500 HP at Major Sources.
Owners and operators of new and
reconstructed stationary SI engines with
a site rating of equal to or less than 500
HP located at a major source of HAP
emissions (except new or reconstructed
4-stroke lean burn (4SLB) stationary
RICE with a site rating of greater than or
equal to 250 and less than or equal to
500 brake HP located at major source of
HAP emissions), must meet the
requirements of the final SI NSPS (40
CFR part 60, subpart JJJJ). Thus, if the
owners and operators are in compliance
with 40 CFR part 60, subpart JJJJ, they
would also be in compliance with 40
CFR part 63, subpart ZZZZ, for engines
equal to or less than 500 HP located at
a major source (except for 4SLB engines
greater than or equal to 250 and less
than or equal to 500 brake HP located
at a major source). The requirements
that apply under 40 CFR part 60,
subpart JJJJ, were discussed in the
previous section of this preamble.
Similarly, owners and operators of
new and reconstructed stationary CI
engines with a site rating of equal to or
less than 500 HP located at a major
source of HAP emissions must meet the
requirements of the final CI NSPS (40
CFR part 60, subpart IIII). If the owners
and operators are in compliance with 40
CFR part 60, subpart IIII, they would
also be in compliance with 40 CFR part
63, subpart ZZZZ, for engines equal to
or less than 500 HP located at a major
source.
Owners and operators of new or
reconstructed 4SLB SI stationary
engines with a site rating of greater than
or equal to 250 and less than or equal
to 500 brake HP located at a major
source are required to either reduce CO
emissions by 93 percent or more, or
limit the concentration of formaldehyde
in the stationary engine exhaust to 14
ppmvd or less, at 15 percent O2. These
engines would also be required to meet
the requirements in the final SI NSPS,
but do not have to comply with the CO
emission standards of the SI NSPS if in
compliance with the NESHAP.
b. Engines at Area Sources. Owners
and operators of new and reconstructed
stationary engines located at area
sources of HAP emissions must meet the
requirements of the final CI NSPS (40
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CFR part 60, subpart IIII) or SI NSPS (40
CFR part 60, subpart JJJJ), as
appropriate. If the owners and operators
are in compliance with either 40 CFR
part 60, subpart IIII or JJJJ, as
appropriate, they would also be in
compliance with 40 CFR part 63,
subpart ZZZZ, for new and
reconstructed engines located at an area
source.
D. What are the requirements for
sources that are modified or
reconstructed?
1. SI NSPS
The final standards apply to
stationary SI engines subject to the SI
NSPS that are modified or reconstructed
after June 12, 2006. The definitions for
modification and reconstruction are
given in 40 CFR 60.14 and 40 CFR
60.15, respectively. A stationary engine
that is overhauled as part of a
maintenance program is not considered
a modification if there is no increase in
emissions.
Stationary SI ICE less than or equal to
19 KW (25 HP) manufactured prior to
July 1, 2008, that are modified or
reconstructed after June 12, 2006, are
required to meet the standards that
apply to engines manufactured after July
1, 2008 (January 1, 2009 for emergency
engines).
Stationary SI gasoline and rich burn
LPG engines between 25 HP and 500 HP
manufactured prior to July 1, 2008, that
are modified or reconstructed after June
12, 2006, are required to meet the
standards applicable to engines
manufactured after July 1, 2008 (January
1, 2009 for emergency engines).
Stationary SI natural gas and lean
burn LPG engines greater than 25 HP
and less than 100 HP manufactured
prior to July 1, 2008, that are modified
or reconstructed after June 12, 2006, are
required to meet the NOX, HC, and CO
emission standards in 40 CFR
1048.101(c), as summarized in Table 3
of this preamble.
Stationary SI gasoline and rich burn
LPG engines greater than or equal to 500
HP manufactured prior to July 1, 2007,
that are modified or reconstructed after
June 12, 2006, are required to meet the
standards applicable to engines
manufactured after July 1, 2007.
Stationary SI natural gas and lean
burn LPG engines greater than or equal
to 100 HP and less than 500 HP
manufactured prior to July 1, 2008, that
are modified or reconstructed after June
12, 2006, are required to meet a NOX
emission standard of 3.0 g/HP-hr, a CO
standard of 4.0 g/HP-hr, and a VOC
standard of 1.0 g/HP-hr. Instead of
meeting emission standards in terms of
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g/HP-hr, owners and operators may
meet NOX, CO, and VOC emission
standards of 250, 540, and 86 ppmvd at
15 percent O2, respectively.
Stationary non-emergency SI natural
gas and lean burn LPG engines greater
than or equal to 500 HP manufactured
prior to July 1, 2007, (or January 1, 2008,
for lean burn natural gas engines greater
than or equal to 500 HP and less than
1,350 HP) that are modified after June
12, 2006, are required to meet a NOX
emission standard of 3.0 g/HP-hr, a CO
standard of 4.0 g/HP-hr, and a VOC
standard of 1.0 g/HP-hr. Again, instead
of meeting emission standards in terms
of g/HP-hr, owners and operators may
meet NOX, CO, and VOC emission
standards of 250, 540, and 86 ppmvd at
15 percent O2, respectively.
Stationary SI landfill and digester gas
engines less than 500 HP manufactured
prior to July 1, 2008, that are modified
or reconstructed after June 12, 2006, are
required to meet a NOX emission
standard of 3.0 g/HP-hr, a CO standard
of 5.0 g/HP-hr, and a VOC standard of
1.0 g/HP-hr.
Stationary SI landfill and digester gas
engines greater than or equal to 500 HP
manufactured prior to July 1, 2007, that
are modified after June 12, 2006, are
required to meet a NOX emission
standard of 3.0 g/HP-hr, a CO standard
of 5.0 g/HP-hr, and a VOC standard of
1.0 g/HP-hr. For all modified and
reconstructed SI landfill and digester
gas engines, instead of meeting emission
standards in terms of g/HP-hr, owners
and operators may meet NOX, CO, and
VOC emission standards of 220, 610,
and 80 ppmvd at 15 percent O2.
Stationary SI emergency engines
greater than or equal to 130 HP
manufactured prior to January 1, 2009,
that are modified or reconstructed after
June 12, 2006, are required to meet a
NOX emission standard of 3.0 g/HP-hr,
a CO standard of 4.0 g/HP-hr, and a
VOC standard of 1.0 g/HP-hr. Instead of
meeting emission standards in terms of
g/HP-hr, owners and operators may
meet NOX, CO, and VOC emission
standards of 250, 540, and 86 ppmvd at
15 percent O2. Stationary SI emergency
engines between 25 HP and 130 HP
manufactured prior to January 1, 2009,
that are modified or reconstructed after
June 12, 2006, are required to meet a
HC+NOX emission standard of 10.0 g/
HP-hr and a CO standard of 387 g/HPhr.
2. NESHAP
Similar concepts as those discussed
above apply to engines subject to 40
CFR part 63 regulations; however, the
concept of modification is not included
in 40 CFR part 63. The final standards
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Jkt 214001
apply to stationary engines subject to
the NESHAP that commence
reconstruction on or after June 12, 2006,
and the reconstruction criteria are
provided in 40 CFR 63.2.
E. What are the requirements for
demonstrating compliance?
The following sections describe the
requirements for demonstrating
compliance under the stationary SI
NSPS and NESHAP.
1. SI NSPS
Owners and operators subject to the
emission standards specified in the final
rule who use stationary SI engines with
a maximum engine power of less than
or equal to 19 KW (25 HP) or who use
stationary SI engines with a maximum
engine power greater than 19 KW (25
HP) and use gasoline or are rich burn
engines greater than 19 KW (25 HP)
using LPG must demonstrate
compliance by using an engine certified
to the emission standards specified in
40 CFR part 90 or 1048, as applicable.
Owners and operators subject to the
final rule who use stationary SI engines
with a maximum engine power greater
than 19 KW (25 HP) that use fuels other
than gasoline and that are not rich burn
engines greater than 19 KW (25 HP) that
use LPG, must demonstrate compliance
by either using an engine certified to the
emission standards specified in Tables 3
or 4 of this preamble, as applicable, or
by conducting an initial performance
test (and potentially subsequent
performance testing depending on the
engine size) to demonstrate compliance
with the emission standards.
Owners and operators of all stationary
engines subject to the requirements of
the SI NSPS must keep records of
maintenance conducted on the engine.
Owners and operators of stationary noncertified engines, which include
certified engines operating in a noncertified manner, must keep a
maintenance plan. Owners and
operators of certified engines may
demonstrate compliance by operating
and maintaining their stationary engine
and aftertreatment control device (if
any) according to the manufacturer’s
emission-related written instructions
and do not have to conduct any
performance testing.
Owners and operators of certified
engines who do not follow the
manufacturer’s emission-related
operation and maintenance procedures
will be considered non-certified engines
and will be subject to performance
testing. Certified engines operating in a
non-certified manner that are less than
100 HP do not have to conduct
performance testing to demonstrate
PO 00000
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3575
compliance. Certified engines operating
in a non-certified manner that are
greater than or equal to 100 HP and less
than or equal to 500 HP, however, must
conduct an initial performance test
within the first year of engine operation
to demonstrate compliance with the
emission standards. Finally, certified
engines operating in a non-certified
manner that are greater than 500 HP
must conduct a performance test within
the first year of operation and every
8,760 hours of operation or 3 years
thereafter to demonstrate compliance.
Owners and operators of engines that
have never been certified that are greater
than 25 HP and less than or equal to 500
HP must conduct an initial performance
test to demonstrate compliance with the
emission standards. As mentioned, all
engines are subject to recordkeeping of
maintenance, which includes these
engines. Owners and operators of
engines that have never been certified
that are greater than 500 HP must
conduct an initial performance test to
demonstrate compliance and must test
every 8,760 hours of operation or 3
years after that.
Manufacturers of stationary SI engines
required to certify their engines must
demonstrate compliance by certifying
that their stationary SI engines meet the
emission standards, as specified in 40
CFR part 60, subpart JJJJ, as applicable,
using the certification procedures in
subpart B of 40 CFR part 90 or subpart
C of 40 CFR part 1048, as applicable,
and must test their engines as specified
in those parts. Manufacturers who
conduct voluntary certification must
follow the same test procedures that
apply to large SI nonroad engines under
40 CFR part 1048, but must use the D–
1 cycle in International Organization for
Standardization (ISO) 8178–4: 1996(E)
for stationary engines or the test cycle
requirements specified in Table 5 to 40
CFR 1048.505, except that Table 5 to 40
CFR 1048.505 applies to high load
engines only.
Manufacturers who opt to voluntarily
certify their stationary SI engines to the
emission standards specified in this
subpart must certify their engines using
fuel that meets the definition of
pipeline-quality natural gas, which
according to the definition must be
composed of at least 70 percent methane
by volume or have a gross calorific
value between 950 and 1,100 British
thermal units per standard cubic foot.
If the manufacturer chooses to certify
its stationary SI engines to another fuel,
the manufacturer must specify the
properties of that fuel and what
adjustments the owner or operator must
make to the engine during installation
in the field in order to meet the
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emission standards. The manufacturer
must also perform certification testing
on the engine on that fuel, as it would
if it was certifying to pipeline-quality
natural gas, in order to assure
compliance with the emission
standards. Manufacturers who conduct
voluntary certification of stationary SI
ICE must also provide instructions to
the owner and operator for configuring
the stationary engine to meet the
emission standards on fuels that meet
the pipeline-quality natural gas
specifications and fuels that do not meet
the pipeline-quality natural gas
specifications. The manufacturer must
provide information to the owner and
operator of the certified stationary SI
engine regarding the particular fuels to
which the engine is certified, and
instructions regarding configuring the
engine in a manner most appropriate for
reducing pollutant emissions for
engines operating on such fuels.
EPA allows owners and operators of
natural gas engines to use propane as
back up fuel for emergency purposes for
no more than 100 hours per year. If
propane is used for more than 100 hours
per year in an engine that is not certified
to the emission standards when using
propane, the owners and operators are
required to conduct a performance test
to demonstrate compliance with the
emission standards.
Owners and operators that operate
engines that have been certified by the
engine manufacturer are not required to
perform any performance testing unless
the engine is operated outside of the
fuel properties or emission-related
operation and maintenance procedures
specified by the manufacturer. If the
owner or operator uses fuels that are
outside of the fuel specifications or does
not follow the emission-related
adjustments or maintenance
requirements specified by the
manufacturer, the engine is no longer
considered a certified engine and the
owner or operator must test the engine
to demonstrate compliance.
Regarding stationary rich burn
engines operating with three-way
catalysts or non-selective catalytic
reduction, EPA expects that air-to-fuel
ratio controllers will be used in
conjunction with the control device.
The AFR controller must be operated in
an appropriate manner to ensure proper
operation of the engine and control
device in order to minimize emissions.
source of HAP emissions and stationary
RICE located at an area source, will be
able to demonstrate compliance with
the NESHAP if they meet the
requirements of the final SI NSPS (40
CFR part 60, subpart JJJJ). Similarly,
owners and operators of new and
reconstructed stationary CI engines with
a site rating of equal to or less than 500
HP located at a major source of HAP
emissions, will be able to demonstrate
compliance with the NESHAP if they
meet the requirements of the final CI
NSPS (40 CFR part 60, subpart IIII). If
the owners and operators are in
compliance with 40 CFR part 60,
subpart JJJJ or IIII, as applicable, they
will also be in compliance with 40 CFR
part 63, subpart ZZZZ, for engines equal
to or less than 500 HP located at a major
source. The compliance requirements
that apply under 40 CFR part 60,
subpart JJJJ, were discussed in the
previous section. For the majority of
stationary CI engines, all that is required
under 40 CFR part 60, subpart IIII, is
that the owner or operator purchase a
certified stationary CI engine and
operate it properly and according to the
manufacturer’s specifications.
Owners and operators of new or
reconstructed 4SLB stationary RICE
greater than or equal to 250 HP and less
than or equal to 500 brake HP located
at major source are required to follow
the compliance requirements specified
in 40 CFR part 63, subpart ZZZZ,
consistent with the compliance
requirements for 4SLB stationary RICE
greater than 500 HP located at a major
source. Those compliance requirements
include demonstrating compliance by
conducting an initial performance test.
These engines must also conduct a
subsequent performance test
semiannually if they are complying with
the requirement to reduce CO emissions
and not using a continuous emissions
monitoring system, and if they are
complying with the requirement to limit
the concentration of formaldehyde in
the stationary engine exhaust. Under the
NESHAP, these engines must either
reduce CO emissions or limit the
concentration of formaldehyde. In
addition, these engines would be
required to meet the requirements in the
final SI NSPS. However, these engines
do not have to comply with the CO
emission standards of the SI NSPS if in
compliance with the NESHAP.
2. NESHAP
For most engines (i.e. except those
discussed in the following paragraph),
owners and operators of new and
reconstructed stationary SI RICE equal
to or less than 500 HP located at a major
F. What are the reporting and
recordkeeping requirements?
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The following sections describe the
reporting and recordkeeping
requirements that are required under the
SI NSPS and the NESHAP.
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1. SI NSPS
Owners and operators of all engines
(certified and non-certified) are required
to maintain records of proper
maintenance and non-certified engines
must keep a maintenance plan. An
initial notification is required for
owners and operators of engines greater
than 500 HP that are non-certified. Also,
owners and operators who conduct
performance testing are required to
report the test results within 60 days of
each performance test.
Owners and operators of emergency
engines are required to keep records of
their hours of operation. For emergency
engines greater than or equal to 130 HP,
this requirement starts for engines
manufactured after the point when more
stringent emission standards take effect
for non-emergency engines, either in
July 2010 or January 2011, depending
on the power rating of the engine. For
emergency engines below 130 HP, the
requirement to keep records of the hours
of operation begins for all engines
manufactured after January 1, 2009.
Owners and operators of emergency
engines must install a non-resettable
hour meter on their engines to record
the necessary information. Emergency
stationary engines may be operated for
the purpose of maintenance checks and
readiness testing, provided that the tests
are recommended by the Federal, State
or local government, the manufacturer,
the vendor, or the insurance company
associated with the engine. Maintenance
checks and readiness testing of such
units is limited to 100 hours per year.
Owners and operators can 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. A petition is not
required if the hours beyond 100 hours
per year for maintenance and testing
purposes are mandated by regulation
such as State or local requirements.
There is no time limit on the use of
emergency stationary engines in
emergency situations, however, the
owner or operator is required to record
the length of operation and the reason
the engine was in operation during that
time. Records must be maintained
documenting why the engine was
operating to ensure the 100 hours per
year limit for maintenance and testing
operation is not exceeded. In addition,
owners and operators are allowed to
operate their emergency engines for
non-emergency purposes for 50 hours
per year, but those 50 hours are counted
towards the total 100 hours provided for
operation other than for true
emergencies and owners and operators
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may not engage in income-generating
activities during those 50 hours. The 50
hours per year for non-emergency
purposes cannot be used to generate
income for a facility, for example, to
supply power to an electric grid or
otherwise supply power as part of a
financial arrangement with another
entity.
2. NESHAP
In general, owners and operators of
new and reconstructed stationary RICE
equal to or less than 500 HP located at
a major source of HAP emissions and
stationary RICE located at an area source
of HAP emissions, will be able to
demonstrate compliance with the
NESHAP if they meet the requirements
of the final SI NSPS (40 CFR part 60,
subpart JJJJ) or the final CI NSPS (40
CFR part 60, subpart IIII), as
appropriate, which includes reporting
and recordkeeping requirements. The
reporting and recordkeeping
requirements that would apply to
stationary RICE were discussed in the
previous section of this preamble and in
the preamble to the final CI NSPS (71
FR 39154). No additional reporting and
recordkeeping requirements are
required under the 40 CFR part 63.
Owners and operators of new or
reconstructed 4SLB stationary RICE
greater than or equal to 250 and less
than or equal to 500 brake HP located
at major source are required to meet the
reporting and recordkeeping
requirements specified in 40 CFR part
63, subpart ZZZZ, consistent with the
compliance requirements for 4SLB
stationary RICE greater than 500 HP
located at a major source. The
recordkeeping and reporting
requirements that apply to these engines
were discussed in the preamble to the
final RICE NESHAP (69 FR 33473).
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IV. 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 preamble to
the proposed rule is not repeated in the
final rule, and the rationale sections of
the rule, as proposed, should be referred
to. Major 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. Compliance Dates
In the final rule, EPA has extended
the compliance dates for all stationary
SI ICE that had a compliance date of
January 1, 2008, in the proposal, by 6
months. These engines have a
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compliance date of July 1, 2008. In
addition, stationary SI lean burn engines
between 500 and 1,350 HP that had a
compliance date of July 1, 2007, in the
proposed rule, have also been provided
with an additional 6 months, i.e., these
engines have a compliance date of
January 1, 2008.
B. Distinguishing Sources Based on Size
In the final rule, based on the
comments received, EPA is adopting a
size threshold of 100 HP for nonemergency stationary SI engines to meet
nonroad emission standards. That is,
non-emergency stationary SI engines
less than 100 HP are subject to the
nonroad emission standards in 40 CFR
part 90 (if less than or equal to 25 HP)
or 40 CFR part 1048 (if greater than 25
HP). Certification to 40 CFR part 1048
is voluntary for all stationary SI engines
except gasoline and rich burn LPG
engines. Stationary SI engines greater
than or equal to 100 HP (except gasoline
and rich burn LPG) are subject to the
emission standards specified in part 60
subpart JJJJ, as shown in Table 4 of this
preamble. Stationary SI lean burn LPG
engines have the option of meeting 40
CFR part 1048 instead of the emission
standards specified in this subpart. EPA
has also provided some flexibility on
the initial years of the program for
manufacturers to certify to standards in
either 40 CFR part 1048 or as shown in
Table 4 of this preamble.
C. Hydrocarbon Limit
EPA proposed emission limits for
NOX, CO, and NMHC. In the final rule,
EPA is adopting a VOC limit in place of
the proposed NMHC limit. The stage 1
and stage 2 emission standards remain
as proposed at 1.0 g/HP-hr and 0.7 g/
HP-hr, but the standards are for VOC.
EPA has defined VOC according to 40
CFR part 51, and has noted that
emissions of formaldehyde should not
be counted for testing purposes. That is,
the final stage 1 and stage 2 emission
limits for VOC effectively do not
include ethane, methane, and
formaldehyde. Formaldehyde was
excluded because it cannot be measured
by the testing method used to determine
the standard; however, EPA expects
formaldehyde emissions to be reduced
using the emission controls expected for
other hydrocarbons and CO. Therefore,
we expect formaldehyde emissions to be
reduced comparably to VOCs and CO,
which are used as a surrogate for
formaldehyde for the purposes of
section 112.
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D. Alternative Limits in Concentration
Units
EPA proposed NOX, CO, and NMHC
emission limits in terms of exhaustbased units. Based on various comments
and concerns with finalizing emission
standards in terms of these units, EPA
finds it appropriate to include
alternative concentration-based
emission limits in the final rule. The
concentration-based emission limits,
provided in terms of ppmvd at 15
percent O2, are equivalent to the g/HPhr emission limits. The owners and
operators may choose if they wish to
comply with the g/HP-hr standards or
the ppmvd standards.
E. Emergency Engine Standards
For stationary emergency engines,
EPA proposed that these engines meet
emissions standards of 2.0, 4.0, and 1.0
g/HP-hr for NOX, CO, and NMHC,
respectively, for all emergency engines.
In the final rule, stationary emergency
engines between 25 and 130 HP are
subject to emission standards of reduced
stringency of 10 g/HP-hr for NOX+HC
and 387 g/HP-hr for CO. Stationary
emergency engines greater than or equal
to 130 HP are subject to the emission
standards as proposed. Stationary
emergency engines less than or equal to
25 HP are subject to the emission
standards in 40 CFR part 90.
F. Emergency Engine Definition
In the final rule, EPA has retained the
proposed definition of stationary
emergency engine, except that
stationary engines greater than 500 HP
located at major sources that were built
prior to the proposal date of this rule
(June 12, 2006), are subject to the
emergency engine definition as finalized
in 40 CFR part 60, subpart ZZZZ, on
June 15, 2004. All stationary engines
built after the date of proposal of this
rule are subject to the new definition of
stationary emergency engine and are
limited to 100 hours per year of
maintenance and readiness testing.
There is no limit on the time allowed for
emergency operation. Stationary
emergency engines may be operated for
non-emergency purposes for up to 50
hours per year, but those 50 hours are
counted towards the 100 hours per year
allowed for maintenance and readiness
testing. The 50 hours per year for nonemergency purposes cannot be used for
peak shaving or to generate income for
a facility to supply power to an electric
grid or otherwise supply power as part
of a financial arrangement with another
entity.
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G. Manufacturer O&M Requirements
The proposed rule required that
owners and operators operate and
maintain their stationary SI internal
combustion engine and control device
according to the manufacturer’s written
instructions or procedures developed by
the owner or operator that are approved
by the engine manufacturer. The final
rule does not require that owners and
operators follow the manufacturer’s
instructions. Owners and operators who
operate and maintain their certified
stationary ICE and control device
according to the manufacturer’s
emission-related guidelines are required
to keeping records of conducted
maintenance and do not have any
performance testing requirements under
the final rule.
Owners and operators who operate
their certified stationary ICE and control
device in a manner that is inconsistent
with the manufacturer’s emissionrelated guidelines are considered noncertified engines and must keep a
maintenance plan, records of conducted
maintenance, and must conduct
performance testing under the final rule
if the engine is greater than or equal to
100 HP. Owners and operators of
stationary ICE that have never been
certified must keep a maintenance plan,
records of conducted maintenance, and
must conduct performance testing for all
size engines.
H. Streamlined Compliance
Requirements
In the final NESHAP, EPA has
included a provision that states that
owners and operators of new and
reconstructed stationary engines less
than 500 HP located at major sources
and new and reconstructed stationary
engines located at area sources (except
stationary 4SLB engines between 250
and 500 HP) will be in compliance with
the NESHAP requirements if they meet
the requirements of the SI NSPS (40
CFR part 60, subpart JJJJ) or the CI NSPS
(40 CFR part 60, subpart IIII), as
applicable.
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V. 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. Compliance Dates
Comment: Several commenters stated
that more time is needed to comply with
the final rule for owners, operators, and
manufacturers. Two commenters said
that because there are no existing
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Federal requirements affecting the vast
majority of stationary SI engines and
due to the complexity of the regulation,
more time is needed to develop the
testing and compliance systems for the
proposed requirements. Also, two
commenters added, that the first
compliance date of July 1, 2007, actually
occurs prior to the anticipated
publication date of the final rule. One
commenter expressed that such a
regulatory mandate is impractical and
unworkable considering the uncertainty
of the final regulatory requirements.
One commenter believes that an
implementation date of January 1, 2008,
is unreasonable. This commenter
believes that the engine control
technology requires significant changes
to meet the proposed standards and
recommended the implementation date
be January 1, 2009, to allow proper
development and application time. This
commenter explained that a minimum
of 12 months is required for
manufacturer development and testing
such as catalyst configuration changes
and component specification for
additional engines and fuel types not
certified to 40 CFR part 1048. In
addition, any deterioration factor
service accumulation time required will
take 6 months to complete, according to
one commenter. Once the development
of the systems are complete, this
commenter said that it will take
manufacturers a minimum of 6 months
to apply, or ‘‘roll out,’’ this technology
to the equipment manufacturer base.
The commenter bases this comment on
the experience in implementing the
large SI nonroad engine regulations (40
CFR part 1048), which began
implementation in January of 2004. One
commenter requested that the initial
compliance dates be delayed 9 months
from the proposed compliance dates.
Another commenter recommended that
the initial compliance dates be delayed
until at least 6 to 9 months following
publication of the final rule in the
Federal Register. Sufficient lead time is
required not only for manufacturers, but
also to allow the many thousands of
owners/operators affected by the
regulation to be notified and educated
regarding the rule’s requirements,
according to a commenter. Finally,
commenter 154 said that subsequent
compliance dates also should be
delayed by the same amount to assure
that the requisite leadtime and stability
periods are preserved for manufacturers.
Response: Based on comments
received on the proposed compliance
dates as summarized in the above
comment and on various discussions
post-proposal with engine
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manufacturers, EPA agrees that it is
appropriate to extend the proposed
compliance date of January 1, 2008, that
affected a variety of different engines,
many of which are subject to mandatory
certification. In the final rule, EPA has
provided an additional 6 months for
engines that had a compliance date of
January 1, 2008 in the proposal. The
compliance date in the final rule is July
1, 2008, for engines less than 500 HP.
EPA believes that July 1, 2008, will
accommodate engine manufacturers and
that 6 months will be sufficient leadtime for both owners/operators and
manufacturers. In particular, EPA
believes July 1, 2008, will provide
manufacturers enough time to prepare
and complete the certification of new
engines. Although the technology
already exists for reducing emissions to
the level required in the rule, an
appropriate amount of time should be
provided in order to make the necessary
arrangements for engine manufacturers
to obtain certification of their products
and otherwise assist affected parties
prepare for the new standards. EPA’s
approach is similar to the approach
taken in the CI NSPS where sources
were required to comply before the final
rule was issued, but some time was
provided prior to the requirement for
mandatory certification. Sections 111
and 112 of the CAA define new engines
to be all engines for which construction
is commenced following the date of the
proposal and it is routine for sources
that commenced construction prior to
the final rule to be subject to standards
under these provisions. Also note that
the certification program for large SI
engines is voluntary so manufacturers
are not being forced to certify engines by
those dates. Only engines that are 25 HP
or smaller or are gasoline or rich burn
LPG-fueled, which are directly related
to nonroad engines that are already
subject to certification requirements and
are also generally smaller than 500 HP,
must certify. This is one reason why
EPA does not believe that it is necessary
to include additional lead-time for large
engines (i.e., those above 500 HP) and
the compliance date remains as
proposed for these engines, i.e., July 1,
2007, with the exception that EPA has
granted a delay for certain engines until
January 1, 2008, which EPA discusses
below.
Regarding the comparison with the
large SI nonroad engine rule, EPA notes
that the proposal for that rule was
published in October 2001, over 2 years
from initiation of a mandatory
certification program. EPA believes that
the compliance dates provide adequate
time for manufacturers of engines and
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owners/operators to make the necessary
preparations and adjustments to
develop engines that comply with the
emission standards. Additional leadtime has been provided for certain
engines, as discussed above, as well as
emergency engines. EPA has also
provided additional lead-time in order
to meet the Stage 2 emission standards.
With that said, EPA notes that in the
final rule that it has provided lean burn
engines in the size range of 500 HP or
greater to less than 1,350 HP additional
lead-time. Engine manufacturers have
indicated that it would be problematic
to meet the proposed compliance date.
EPA believes that providing engine
manufacturers with a later compliance
date will make it possible to complete
necessary development and
implementation work necessary in order
to prepare these engines for compliance.
More information on this topic can be
found in the docket to this rulemaking.
B. Final Hydrocarbon Emission Limits
Comment: Several commenters
expressed some concerns with the
proposed non-methane hydrocarbons
(NMHC) emission standards. One
commenter initially recommended a 1.0
g/HP-hr NMHC emissions limit as being
technically achievable for most engine
applications. However, several engine
manufacturers have clarified that the
information submitted to EPA regarding
achievable NMHC numbers did not
include aldehydes and other oxygenated
hydrocarbon compounds in the totals.
Three commenters recommended that
NMHC limitations exclude aldehydes
and other oxygenated HC. One
commenter said that if the standard
includes aldehydes, then the emission
standard of 1.0 g/HP-hr is not
achievable for most engines, since the
initial recommendation the commenter
submitted was based on excluding
aldehydes from the NMHC totals.
Three commenters requested that
ethane be excluded from the calculation
of NMHC. They argue that ethane is not
a VOC under 40 CFR 51.100(s)(1) and
they say that ethane does not contribute
to ozone formation. The commenters
also noted that natural gases with a
relative high content of ethane are
primarily present in the western part of
the U.S. and commenter 139 provides
information indicating that engines are
not able to meet the NMHC standards
when using natural gas that is high in
ethane. Two commenters recommended
that EPA examine alternative standards,
indices, and testing methods for
hydrocarbon emissions. Three
commenters said that the parameter to
be used for natural gas fueled engines
should exclude methane and ethane and
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have suitable measurement techniques
that are applicable in both factory and
field tests. One commenter said, if EPA
decides to retain NMHC as the
appropriate parameter, then at a
minimum, the level of the proposed
standards needs to be raised or
clarification made that the measured HC
do not include aldehydes.
Three commenters recommended that
if the NSPS includes an emission limit
for HC species, the limit should be for
VOC (or non-methane non-ethane
(NMNEHC)) and not NMHC. Three
commenters stated that VOC, not
NMHC, are the National Ambient Air
Quality Standards (NAAQS) pollutant
regulated as an ozone precursor for
stationary sources. The commenters
believe that most available data are
reported as VOC rather than NMHC, and
owners/operators are very limited in
their ability to assess whether the data
indicate that the proposed NMHC
standard is achievable for field
performance tests. The commenters also
believe that before regulating NMHC for
stationary engines, EPA should
complete an analysis to identify the
potential benefit and cost of regulating
ethane or using NMHC as a surrogate for
VOC for gas-fired engines, and ensure
that emissions data from field tests are
available to substantiate the basis for the
standard.
Several commenters also expressed
concern over the proposed test methods
for measuring NMHC. Commenters
believe that the emissions test methods
should be consistent with the included
hydrocarbon species, and EPA Method
25 of 40 CFR part 60, Appendix A,
should not be used for determination of
NMHC or VOC. The commenters
support their claim by saying that
NMHC emissions are defined as THC
emissions less methane emissions.
However, this definition needs further
clarification to exclude formaldehyde
and oxygenates, because the emissions
information provided by manufacturers
that serves as the basis of the standard
does NOT include aldehydes or other
oxygenated HC. Non-methane
hydrocarbon measurements are
typically conducted using a flame
ionization detector (FID) to measure
THC and a FID or gas chromatography
method to measure methane. EPA
Method 25A of 40 CFR part 60,
Appendix A, uses a continuous FID
analyzer to measure exhaust gas THC.
Method 18 separates CH4 (methane)
from other exhaust gas species with a
gas chromatograph, and quantifies the
methane with an appropriate detector.
Method 18 of 40 CFR part 60, Appendix
A, allows exhaust gas to be collected in
a bag or continuously sampled. A flame
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ionization detector poorly quantifies
oxygenated hydrocarbon species.
Formaldehyde, and to a lesser extent
acetaldehyde, methanol, and acrolein,
have been measured in natural gas-fired
engine exhaust. The commenters agree
with EPA’s conclusion that NMHC test
methods are simpler and less costly to
implement than formaldehyde test
methods and that NMHC testing will
reduce the testing burden while
maintaining emissions compliance
assurance. Recognizing that measuring
NMHC with a FID does not directly
measure formaldehyde and that the
emission limits are based on
manufacturer data that do not include
formaldehyde and other oxygenates, it is
important to understand that NMHC is
used as a formaldehyde surrogate, but
NMHC, the regulated pollutant, does
NOT include formaldehyde under this
standard. Thus, it is only appropriate to
allow test methods that do NOT
measure formaldehyde or other
oxygenated hydrocarbons; therefore,
EPA Method 25 should be excluded
from the final rule.
Response: We agree that the
composition of certain western gas (i.e.
the high concentration of ethane) may
make compliance with an NMHC
standard more difficult in some cases.
As the proposed NMHC standards were
intended to ensure compliance with
VOC and HAP reduction requirements,
and pursuant to 51.100(s) ethane is not
a VOC, (nor is it a HAP under CAA
section 112(c)) we agree that expressing
the standard in terms of VOC, rather
than NMHC is appropriate in this case.
EPA’s final hydrocarbon standards for
gaseous fueled and lean burn LPG
engines above 100 HP are presented as
VOC standards, instead of NMHC
standards. For natural gas engines below
100 HP meeting the NMHC standards in
40 CFR part 1048, the regulations do not
require measurement of ethane for
testing in the field. EPA agrees that EPA
Method 25A does not measure
formaldehyde and that all data gathered
to support the emission limit using this
method would not have included
formaldehyde. However, EPA Method
25A would measure all other aldehydes
and other oxygenated organic
compounds although the measured
results would be less than the actual
concentrations in the gas stream. Even
though EPA Method 25A measurements
for the other aldehydes and oxygenated
organic compounds would have been
less than their true values, EPA believes
that in all cases the measured values
would represent substantially greater
than 50 percent of the true value for
these compounds. Because these
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compounds are accounted for to a
significant extent in the database
supporting the emission limit it would
not be appropriate to exclude them from
the definition of VOC. If EPA Method
25A is used to determine compliance
with the emission limit, the reduced
response of the aldehydes and other
oxygenated organics will automatically
be taken into account, and the
compliance demonstration will be
consistent with the procedures used to
establish the emission limit. However, if
one of the alternative methods, such as
EPA Method 18 or EPA Method 320 of
40 CFR part 60, Appendix A, is used,
these methods will measure 100 percent
of the aldehydes and other oxygenated
organic compounds. The results from
these methods should be adjusted to
account for the bias in EPA Method 25A
by multiplying the measured values of
the aldehydes and other oxygenated
organics by the EPA Method 25A
response factor for each measured
compound. In addition, when adding
the masses of all of the measured VOC
from either of these two methods, the
actual mass of the aldehydes and
oxygenated organics should be reported
as the equivalent mass on a propane
basis. This will ensure that the results
from these two methods are reported on
a basis that is consistent with the
procedures used to establish the
emission limit.
EPA agrees that it is not appropriate
to allow EPA Method 25 in the final
rule, and EPA has made this clear in the
regulatory text. Since the final emission
standards are based on data that does
not include formaldehyde, it would not
be appropriate to include Method 25
since that method may capture that
compound.
Further, the emission standards for
VOC are based on data that does not
include formaldehyde and EPA agrees
that it is appropriate to specify that
formaldehyde is not included in the
final VOC emission standard. EPA has
made this clarification in the testing
requirements for VOC. In the final rule,
EPA has replaced the proposed NMHC
limits in g/HP-hr with VOC limits in the
same units. In addition, EPA has
specified VOC limits in terms of
concentration (ppmvd at 15 percent O2).
EPA believes, based on evidence, that a
final standard of 1.0 g/HP-hr and 0.7
g/HP-hr for VOC will be achievable for
most engines. (Certain engines, like
engines burning landfill gases, are
subject to less stringent final standards.)
The proposed NMHC emission limits
are essentially the same as the final VOC
emission limits based on how VOC is
defined in the final rule. EPA has
defined VOC according to the definition
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provided in 40 CFR part 51, and has
noted that formaldehyde is, as
discussed, excluded from calculation of
VOC emissions. The magnitude of the
final VOC limits is the same as the
proposed NMHC limits and remain
unchanged because the test methods
used to capture pollutants are
essentially the same.
EPA recognizes that there may be
variability in the ethane content in
natural gas and believes it would be
appropriate to exclude ethane from the
final standard. Since EPA has replaced
the proposed NMHC standards with
VOC standards in the final rule, and
since VOC by definition excludes
ethane, this comment is resolved.
As discussed, EPA is finalizing
emission standards in terms of VOC not
as NMHC, as proposed. Based on review
of the emissions information used to set
the proposed standards for NMHC,
comments received on the proposal
from industry, and meetings with
various stakeholders post-proposal, EPA
believes it is more appropriate finalize
a VOC standard than an NMHC standard
as a measure for HC compounds. Many
State regulations affecting stationary
sources use VOC and VOC is a more
familiar term than NMHC to the
regulated community. Emissions of
NMHC might be difficult to measure in
the field and is a pollutant that has
typically been regulated through the
manufacturer. Also, because of the
variability of ethane in natural gas fuel,
VOC, since it excludes ethane, it is more
appropriate than NMHC.
C. Emergency Engine Standards
Comment: Several commenters were
of the opinion that stationary emergency
engines should be exempt from the rule;
at a minimum they should be exempt
from the emission standards. Two
commenters were of the opinion that a
size-based exemption threshold or
alternative emission limits should be
defined for emergency engines. One
commenter believes that the proposed
NSPS notifications and reporting for
small emergency engines will be a
cumbersome activity with little
environmental benefit. The commenter
noted that in most cases emergency
engines operated less than 500 hours are
not permitted or are considered
insignificant due to the limited potential
to emit emissions. The commenter
requested that EPA consider exempting
all emergency engines less than 500 HP
from the proposed NSPS and NESHAP
regulations. One commenter added that
there is little data that show that by
regulating these small emergency
engines there will be significant
environmental improvement. This
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commenter was of the opinion that as
long as hour records are kept to show
the engines are being operated in the
manner addressed in the EPA white
paper mentioned above these engines
should be considered insignificant
emitters. One commenter requested that
EPA exempt stationary emergency
engines from the proposed
requirements, other than monitoring
and recording annual operating hours
by owners/operators to demonstrate the
engines meet the 100-hour annual
operating limitation.
One commenter recommended that
emergency engines be exempted from
the NSPS and NESHAP. The commenter
said that emergency SI engines provide
essential and needed services to
owners/operators when the normal
supply of electricity is disrupted and
often serve life-critical functions in
times of emergency. The proper
operation and function of emergency
engines is an essential service,
according to the commenter. In
addition, because emergency engines
operate only during times of
emergencies and are limited in hours of
operation for maintenance or testing
operation, emergency SI engines add
minimal emissions to the inventory of
criteria or HAP emissions, the
commenter added. Commenter 154
believes that there will be negligible
emission reductions or environmental
benefits from fully applying the
requirements of the proposed rule to
emergency SI engines. In addition, the
commenter said that including
emergency engines within the
regulations adds a significantly large
number of owners/operators to the
affected regulatory community, and thus
significantly increases the reporting,
recordkeeping, and compliance costs of
the proposed regulation. Since
emissions from emergency SI engines
are small and the cost of regulatory
compliance and reporting are large, the
imposition of NSPS and NESHAP
controls on emergency SI engines is not
cost-effective, according to the
commenter.
Two commenters believe that a 400
HP exemption threshold or alternative
emission limits should be defined for
emergency engines. The commenters
said that 4SLB engines are not available
below 400 HP, a size range that
comprises the majority of emergency
units in the oil and gas industry. The
proposed rules would require nonselective catalytic reduction (NSCR) to
be applied to these small engines;
however NSCR application to an
emergency engine has inherent
complications, costs, and reliability
issues, according to the commenters.
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The proposed rule requires controls for
emergency engines, whereas the existing
RICE MACT concluded controls for
emergency units were not necessary and
the commenters believe that the
proposed rule is therefore more
stringent than the existing RICE MACT.
Some commenters also requested that
EPA provide an exemption for
reconstructed or modified rich burn
emergency engines, which would also
require post-combustion control to meet
the standards.
Two commenters said that if a sizebased exemption is not included in the
rule, separate subcategories will be
needed for emergency engines based on
size with emission limits for smaller
units commensurate with an
uncontrolled rich burn engine, as well
as an exemption for existing rich burn
emergency engines that are
reconstructed or modified.
Response: EPA disagrees that
stationary emergency engines should be
completely exempted from the rule and
also does not agree that emergency
engines should be exempt from
emission standards. Emergency engines
are part of the source category and
stationary internal combustion engines
and they represent a significant portion
of the engines being regulated under
these combined rules, and their
aggregate emissions are not
insignificant. EPA believes that their
emissions can be regulated in a manner
that is cost-effective and not disruptive.
Moreover, given that EPA has already
promulgated standards for stationary CI
emergency engines, failure to regulate SI
emergency engines may create a
loophole in regulation. However, as
discussed below, EPA believes that a
distinction in emission standards based
on size is appropriate to include for
stationary emergency engines to account
for what types of engines and emission
controls are available. In addition, EPA
agrees that alternative emission limits
should be finalized for emergency
engines, consistent with the proposal
that recognizes a need for different
emission standards for emergency
engines. The final standards do not
require a second stage of more stringent
standards for emergency engines. For
emergency engines equal to or greater
than 130 HP, the standards remain as
proposed at 2.0, 4.0, and 1.0 g/HP-hr for
NOX, CO and VOC, respectively. As
discussed elsewhere in this document,
EPA is also including the option for
owners and operators to meet these
emission standards in terms of
concentration. However, for emergency
engines below 130 HP, EPA has found
it appropriate to adopt less stringent
emission standards in the final rule.
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Based on information received postproposal, EPA has learned that there are
lean burn engines currently in the
market down to 130 HP, and EPA,
therefore, disagrees with the
commenters who requested a 400 HP
exemption threshold or alternative
emission limit for emergency engines
claiming that 4SLB engines are not
available below 400 HP. Information on
these engines can be found in the
docket. The final emission standards for
emergency engines below 130 HP are
commensurate with the emission
standards that are achievable for rich
burn engines without aftertreatment and
represent the maximum level of control
that is attainable for small emergency
engines without using aftertreatment.
EPA agrees that requiring NSCR for
these engines raises complications and
reliability issues that are inappropriate
for this subcategory. The final rule
requires emergency engines greater than
25 HP and below 130 HP to meet a
NOX+HC standard of 10.0 g/hp-hr and a
CO standard of 387 g/HP-hr. These
emission standards are consistent with
the Phase II standards that apply to
Class II nonroad engines.
EPA does not believe that the
recordkeeping requirements for
emergency engines will be significantly
burdensome. Emergency engines have to
maintain records hours of operation (of
emergency and non-emergency use) to
ensure they are not operated beyond the
100-hour limit of the rule. Small
emergency engines, i.e., those less than
130 HP will be required to begin
recordkeeping immediately. However,
since there is no difference between the
emission standards for emergency and
non-emergency engines above 130 HP
until the stage 2 emission standards
become effective for non-emergency
engines, these larger emergency engines
do not have to begin recording hours of
operation and keep records of total
hours of operation until July 1, 2010 or
January 1, 2011, depending on whether
the emergency engine is greater than or
equal to 500 HP or below 500 HP,
respectively.
EPA has made simplifications in the
final rule that would affect emergency
engine compliance requirements. In the
final NESHAP, EPA has included a
provision that allows emergency
engines subject to the NESHAP that are
new or reconstructed and equal to or
less than 500 brake HP located at a
major source of HAP emissions or
located at an area source of HAP
emissions to meet the requirements of
the NESHAP by demonstrating
compliance with the SI NSPS. EPA
believes that this provision greatly
reduces the compliance burden for
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3581
owners and operators of emergency
engines and overall simplifies the
compliance process. Further, under the
final SI NSPS, engines less than 100 HP
that are certified or that were certified,
but are operated in a non-certified
manner will not be subject to any
performance testing. This would
include emergency engines.
EPA recognizes that this final rule is
more stringent than the existing RICE
NESHAP covering stationary engines
greater than 500 HP at major sources,
but EPA sees nothing improper about
adopting more stringent standards
affecting emergency engines under this
rule. EPA often promulgates more
stringent requirements in rules
subsequent to initial rules regulating a
source category. Emergency engines
covered by the previous NESHAP are
not subject to this rule. Only new,
modified or reconstructed engines
installed after the publication date of
the notice of proposed rulemaking for
this rule are subject to the more
stringent requirements, except that EPA
has added explicit limitations on use of
emergency engines for peak shaving and
supplying power to an electric grid or
that supply power as part of a financial
arrangement with another entity.
Regarding the request for an
exemption for modified and
reconstructed rich burn emergency
engines, EPA disagrees that an
exemption should be provided. The
overall goal of the statute for modified
and reconstructed engines is that older
engines that are being modified or
reconstructed should be subject to
relatively the same standards as new
engines. This reduces the incentive for
owners and operators to continue to use
older dirtier engines for very long
periods beyond their normal life. It is
not impossible to apply add-on controls
to emergency engines.
D. Emergency Engine Definition
Comment: One commenter stated that
the proposal sets separate standards for
new emergency engines, but fails to
impose enforceable limits so that these
engines will be used only in clearly
defined emergencies. The commenter
strongly supports EPA’s specification of
emissions standards for emergency
engines and to require that emergency
engines be equipped with non-resettable
meters. In addition to these
requirements, the commenter said that
EPA must require that emergency
engines that do not meet otherwise
applicable emissions limits be labeled
as such. Additionally the commenter
said that EPA must tighten the
definition of a stationary emergency
engine. According to the commenter, by
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allowing emergency engines to run for
an unlimited number of hours during
emergency situations, but failing to
provide a clear definition of what
constitutes an emergency situation or
emergency operation, the proposed rule
leaves a highly problematic loophole.
The commenter further noted that since
the requirements for emergency engines
are not as stringent as those for nonemergency engines, there could be a
positive economic incentive for
consumers to purchase an emergency
engine even if that is not the engine’s
intended use. To close this loophole and
effectuate the rule’s intent, the
commenter said that EPA must provide
an unequivocal definition of what
constitutes an emergency situation and
emergency operation. The commenter
advocated that a clear and stringent
definition is needed to prevent
operators of emergency engines from
running these engines for an unlimited
number of hours without triggering the
more stringent Phase 2 controls required
of non-emergency engines.
EPA’s proposed definition does
preclude one specific activity from
being classified as an emergency
situations (i.e., peak shaving), but it is
otherwise far too general. According to
the commenter, by including only
examples of what constitutes an
emergency engine, EPA is leaving the
definition open to too much
interpretation. The commenter
recommended that at the least, the
definition of an emergency engine
should replicate the language used for
stationary CI engines in stating that
‘‘Stationary (CI) ICE used to supply
power to an electric grid or that supply
power as part of a financial agreement
with another entity are not considered
to be emergency engines.’’
The commenter further suggested that
the following elements be incorporated
into the definition of an emergency
stationary internal combustion engine:
• The definition should require that
the situation be truly unforeseeable,
beyond the control of the owner or
operator, and not part of any contractual
obligation. In particular, the definition
should exclude operation for purposes
of supplying power for distribution to
the electric grid and operation for
training purposes.
• The definition should exclude
equipment failure or other failure to
comply with any environmental law
caused by improperly designed
equipment, lack of preventive
maintenance, careless or improper
operation, or operator error. This will
ensure the proper incentives are in
place for care and maintenance of nonbackup engines.
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The commenter also said that if EPA
finalizes its intent to allow natural gasfired stationary SI engines to operate on
propane fuel for up to 100 hours per
year for emergency operations, a
comprehensive analysis should be
undertaken to evaluate the full
emissions implications of what appears
to be a somewhat arbitrary relaxation of
the proposed standards.
Response: EPA agrees that requiring
emission standards for stationary
emergency engines and requiring that
emergency engines be equipped with
non-resettable hour meters, but
disagrees that the definition of
emergency engine creates a loophole.
EPA believes it proposed an adequate
definition and it is not possible to
include every possible situation that
might constitute an emergency in the
definition. EPA agrees that it is
important to provide language that
minimizes the possibility of affected
sources avoiding more stringent
requirements. EPA believes the
definition is clear, and furthermore,
believes that the requirement to keep
records of the hours of operation of the
engine in emergency and nonemergency situations will prevent
misuse. EPA does agree with the
commenter that it is appropriate to
tighten the definition as far as
precluding certain activities and has
included in the definition of emergency
engine that stationary SI ICE used to
supply power to an electric grid or that
supply power as part of a financial
arrangement with another entity are not
considered to be emergency engines.
This language is consistent with the
final CI NSPS. As for the comment
related to labeling of emergency
engines, EPA proposed in § 60.4242(d)
that manufacturers label their
emergency engines that only meet the
emergency engine emission standards as
such and that the engine is for
emergency use only. This requirement
has been retained in the final rule, and
EPA believes this satisfies the
commenter’s concern on this topic.
Regarding the comment on EPA’s
provision allowing natural gas-fired
stationary SI engines to operate on
propane fuel for up to 100 hours per
year for emergency operations, EPA
included that provision to provide
flexibility in emergency situations when
the main fuel may not be available. EPA
believes such an allowance is
appropriate and does not expect that
emissions will be significantly affected
by including a provision to operate on
propane for 100 hours per year for
emergency purposes. Numbers EPA has
available, which are presented in
information included in the docket to
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the proposed rule, show that regulated
pollutant emissions (NOX, CO, and
VOC/NMHC/THC) from engines
running on propane are the same or
lower than emissions from engines
running on natural gas (rich burn and
lean burn), with a few exceptions.
Therefore, for the reasons provided, it is
not expected that the propane allowance
will significantly affect emissions and
EPA has retained the propane use
allowance in the final rule.
Comment: Two commenters believe
that the emergency engine requirements
in the proposed NSPS/NESHAP are
more restrictive than the requirements
in the RICE NESHAP. The commenters
believe the proposed rules should be
amended to be consistent with the
emergency engine definition and
exemption provided in the RICE
NESHAP. Two commenters said that the
emergency engine definition in the
existing RICE MACT that was developed
based on input and review from a broad
stakeholder group should be retained.
The commenters believe that the
proposed rule substantially and
materially alters the definition as
follows:
• Maintenance and readiness testing
limited to 100 hours per year versus no
time limit on the use of emergency
stationary RICE for routine testing and
maintenance.
• Elimination of an additional 50
hours per year in non-emergency
situations.
• Requirement to maintain
documentation for maintenance and
testing operation to ensure the 100 hour
per year limit is not exceeded.
• Maintenance and readiness testing
operation provisions as recommended
by third party Federal, State or local
government, the manufacturer, the
vendor, or the insurance company
associated with the engine has been
introduced.
The commenters believe that the
current NESHAP places no restriction
on the use of emergency stationary RICE
in emergency situations and for routine
testing and maintenance. In addition, it
offers an additional 50 hours per year in
non-emergency situations. This clause
was included as an outcome of the
industrial combustion coordinated
rulemaking (ICCR) process to provide
adequate time to tests systems related to
the emergency unit. For example,
firewater systems where engine checks
are necessary, and a systems check is
also required and may be completed as
part of a safety exercise. Commenter 150
believes that EPA has confused the
additional non-emergency allocation
with a perceived hour restriction for
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annual maintenance and readiness
checks.
Also, the commenter stated that in
consideration relative to the RICE
MACT, the proposed NESHAP
amendments broaden the category of
affected equipment to include units that
are less than or equal to 500 HP and area
sources. With more stringent criteria in
the proposed rule, the commenter
believes that EPA is requiring more
stringency for small engines and area
sources than what was deemed
necessary for larger engines under the
existing RICE MACT. Further, the added
burden and cost associated with
documenting and maintaining records
describing why the engine was
operating must be assessed and the
benefit for this requirement rationalized.
As an alternative to continuing with the
revised definition in the proposed rule,
the commenters recommend that the
current definition be retained.
Response: It is true that EPA proposed
a more stringent emergency engine
definition and requirements as
compared to the existing RICE MACT
emergency engine definition. Regarding
the commenters’ request to retain the
existing RICE MACT definition, EPA
believes that keeping the proposed
definition is appropriate for the most
part. EPA recognizes that the existing
definition was based on input and
review from industry, and EPA is not
ignoring the products of the ICCR
process nor the extensive participation
and commitment of industry members.
However, EPA has learned a lot since
the ICCR process from 10 years ago and
knows now that there are health
consequences for failing to regulate
emergency engines and for having a
broad definition that allows engines that
are used for more than emergencies to
emit at higher levels. EPA feels the
existing RICE MACT definition of
emergency engines was not given
appropriate restrictions and would
unintentionally allow significant
operation of an engine in nonemergency situations such as the
unlimited maintenance allowance.
Based on vast information received
since the time of the ICCR process and
the RICE MACT rulemaking, EPA has
concluded that it is appropriate to limit
the hours of operation during
maintenance and testing to 100 hours
per year. The issue of allowable hours
for maintenance and testing was
discussed extensively under the CI
NSPS rulemaking and more information
can be found in the final CI NSPS rule
(71 FR 39153) and Responses to
Comments (RTC) document (see EPA–
HQ–OAR–2005–0029–0324). EPA
recognizes that the existing RICE MACT
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places no restriction on the use of
emergency engines in emergency
situations and for routine maintenance
and testing. EPA agrees that is
appropriate to retain a no time limit on
the use of emergency stationary engines
in emergency situations; however, does
not agree that routine maintenance and
testing should be unlimited. Again, EPA
has gained much information regarding
emergency engine operation since the
ICCR process a decade ago and must
consider environmental and health
consequences for failing to regulate the
operation of emergency engines
appropriately and prevent loop-holes.
Numerous comments received during
the public comment period for NSPS for
stationary CI engines argued that EPA
should allow 100 hours per year for
emergency engines to conduct necessary
maintenance and testing. Based on those
comments, EPA continues to believe
that it is appropriate to finalize a 100
hours per year limit for maintenance
and testing operation for emergency
engines under the NSPS. EPA disagrees
that maintenance and testing should be
unrestricted. However, EPA believes it
is crucial to allow sufficient hours for
maintenance and readiness testing to
ensure that the emergency engine will
respond as expected in the event of an
emergency, and EPA believes that 100
hours per year is adequate.
The commenters expressed particular
concern over the elimination of the
additional 50 hours per year for nonemergency situations included in the
original RICE MACT emergency engine
definition, but excluded from the
proposed requirements affecting
emergency engines in this rule and EPA
understands the commenters’ concerns.
It is true that in the preamble to the
proposed rule, EPA confused the
existing 50 hours per year currently
allowed for non-emergency operation in
the RICE MACT with the 100 hours per
year for maintenance and readiness
checks, and may be, as the commenters
indicated, a result of comparing the SI
NSPS too closely to the CI NSPS that
was recently promulgated. Industry has
expressed that it might be forced to use
portable emergency engines instead of
stationary emergency engines to avoid
certain requirements of the rule and
indicated that the portable engines will
be dirtier than the stationary engines.
EPA certainly does not wish to create
such outcome of the rulemaking and
therefore believes it is appropriate to
allow owners/operators to operate their
engines for 50 hours per year for nonemergency purposes and has made that
clarification in § 60.4243(d) of the final
rule. However, EPA is concerned that if
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stationary emergency engines are
allowed to operate in non-emergency
situations they may be inappropriately
used for peaking power. In response to
EPA’s concern, industry has noted that
its intent is not to use stationary
emergency engines for peaking
purposes. Even so, EPA has specified
that the 50 hours allowed for nonemergency situations cannot be used to
generate income for a facility to supply
power to an electric grid or otherwise
supply power as part of a financial
arrangement with another entity. If this
happens, the engine is no longer
considered to be an emergency engine
and the engine would be required to
meet the non-emergency engine
emission standards, which are more
stringent. In addition, the allowed 50
hours of operation for non-emergency
situations must be within the currently
allowable 100-hour total for purposes of
maintenance and testing. In other
words, the total hours of operation per
year cannot exceed 100 hours for
purposes of maintenance and testing
and for running the engine for nonemergency purposes.
Regarding the requirement to
maintain records to ensure the 100-hour
limit is not exceeded for emergency
engines as specified in § 60.4245(b) of
the proposed rule, EPA feels this
requirement is necessary and
appropriate. This requirement is
consistent with the final CI NSPS (see
40 CFR 60.4214(b)). To ensure
compliance with the 100-hour limit,
EPA must require recordkeeping for all
operation of emergency engines,
emergency situations as well as required
testing. This is a reasonable way to
enforce this limit to ensure that the nonemergency hours of operation are not
exceeded beyond allowable limits.
Clearly, this requirement yields
environmental benefits since it will
limit the likelihood that sources subject
to the rule that operate emergency
engines would exceed the 100-hour
annual non-emergency limit. As noted
in the RTC document for the final CI
NSPS, many States require reporting of
both emergency and non-emergency
use, e.g., the California ATCM requires
a monthly log of all operation by
emergency engines. Also, certain
facilities already maintain such
documentation, e.g., operating hours
and operating conditions are currently
maintained at hospitals. EPA wishes to
prevent owners/operators from
operating emergency engines illegally
and circumventing the regulation and
believes the additional recordkeeping
requirements will greatly enhance EPA’s
ability to enforce this requirement. The
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requirement will ensure that there is
documentation that the engine was
operating in emergency situations when
it was running beyond the annual limits
permitted for maintenance and testing.
There is no annual cap on the hours of
operation during an emergency
situation, but it is important to have
documentation that such operation was
indeed for emergency purposes. As
noted, owners/operators of emergency
engines already keep documentation of
when and why such engines were
operated so EPA feels the recordkeeping
requirement is no significant additional
burden.
However, EPA does believe it is
necessary to clarify that emergency
engines above 500 HP at major sources
that were installed prior to the proposal
date for this rule (June 12, 2006), but
after the proposal date (December 19,
2002) for the previous RICE MACT (and
thus, new emergency engines under 40
CFR part 63, subpart ZZZZ, and subject
to the old rule) should be governed by
the old definition of emergency engines,
except that the definition includes the
clarification that emergency engines do
not include engines used for peaking
power or to supply power to an electric
grid or otherwise supply power as part
of a financial arrangement with another
entity. This clarification has been made
to the definition of emergency stationary
RICE in section 63.6675 of the final rule.
EPA believes this clarification addresses
some of the commenters’ concerns on
this issue.
Comment: One commenter stated that
by reducing the scope of engines that
qualify as ‘‘emergency engines,’’ the
proposed revision could expand the
universe of engines that are subject to
more stringent NESHAP requirements.
Commenter 145 believes that its
member utilities would be directly
affected, since they deploy emergency
engines to support their obligation to
deliver energy to customers safely and
reliably. In addition, this revision would
impact utility customers who deploy
emergency engines, such as hospitals
and nursing homes, since there is no
minimal size threshold on the engines
affected by the proposal.
Response: EPA disagrees that the rule
necessarily expands the universe of
engines that are subject to the standards
applicable to non-emergency engines.
Operation of engines during
emergencies is not restricted by the rule
and if an engine is truly an emergency
engine, it would not be subject to more
stringent requirements. Available
information indicates that emergency
engines operate on average about 50
hours per year, which includes the
hours spent for maintenance and testing
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purposes. EPA recognizes that there
may be stationary emergency engine
applications that operate beyond 50
hours per year for maintenance and
testing purposes, which is why EPA
proposed a 100-hour allowance for such
purposes. EPA received numerous
comments on the testing and
maintenance allowance on the proposed
CI NSPS. Based on the number of
commenters who indicated that the
proposed maintenance and testing
allowance of 30 hours per year was not
enough, EPA chose to increase the
number to 100 hours per year, which
was consistent with what commenters
recommended. Even though the original
RICE NESHAP covering stationary
engines greater than 500 HP located at
major sources did not have a time limit
on the use of emergency stationary
engines for routine testing and
maintenance, EPA believes that
providing 100 hours per year is more
than sufficient. In those few cases where
100 hours is not sufficient, EPA has
included the provision allowing
owners/operators to petition for
additional hours (unless the owner/
operator maintains records indicating
that Federal, State, or local standards
require maintenance and testing of
emergency ICE beyond 100 hours per
year, in which case, a petition is not
necessary.) Note, however, that in the
final rule, EPA has made it clear that
‘‘new’’ engines affected by the NESHAP
that are installed prior to the proposal
of the NSPS would be covered by the
old definition included in the original
NESHAP at 40 CFR part 63, subpart
ZZZZ. In addition, EPA has specified
that 50 of the 100 hours allowed for
maintenance and testing can be use for
non-emergency purposes.
E. Manufacturer O&M Requirements
Comment: Several commenters
expressed concern over the proposed
requirements requiring owners/
operators to operate and maintain SI ICE
according to the manufacturer’s written
instructions or procedures developed by
the owners/operators that are approved
by the engine manufacturer. One
commenter believes that compliance
requirements should reflect best
practices developed by the owners/
operators with experience with using
the engines in the field. Another
commenter felt that the manufacturers
do not have the long-term experience in
operating and maintaining these engines
in the field and recommended that the
proposed NESHAP allow owners/
operators to use the existing
maintenance requirements of the
General Provisions of both the NSPS (40
CFR part 60, subpart A) and the
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NESHAP (40 CFR part 63, subpart A)
rules to meet the requirements of this
rule.
One commenter recommended for
voluntarily certified engines, the
owners/operators be given a choice of
either accepting the manufacturers
certification or opting for a ‘‘verification
program’’ modeled after the
performance testing of § 60.4243(d)(2) of
the proposal.
One commenter expressed that it is in
general agreement that owners/operators
should maintain their SI ICE in
accordance to the original
manufacturer’s specifications for larger
engines. However, the commenter had
concerns about imposing these
requirements on limited use and small
engines. The commenter believes that
this requirement does not appear to be
commensurate with the environmental
impact.
One commenter expressed that the
operation and maintenance (O&M)
requirements in manufacturer’s manuals
is too stringent and inflexible and needs
to be changed and stated that engine
manufacturers do not want to become
involved in approving or reviewing
procedures developed by owners/
operators. The commenter added that in
many cases, owners/operators of
stationary engines have developed and
follow their own O&M procedures and
have extensive experience in operating
their engines to optimize performance
and life in their specific applications
within regulatory emissions limits.
Further, the commenter said, owners/
operators of non-certified engines are
required to conduct performance testing
to assure compliance. Therefore, since
these owners/operators will use other
means to assure compliance, there
should not be a regulatory requirement
to follow manufacturer’s procedures, the
commenter expressed. However, if EPA
includes the requirement to follow
engine manufacturer’s procedures in the
final rule, the referenced procedures
should be limited to those required to
maintain emissions control, the
commenter said, and recommended that
EPA develop a suite of options and
requirements to assure compliance as
follows:
• For certified engines, owners/
operators should be required to set up
the engine and follow manufacturers’
recommended maintenance, but only for
systems or components that affect
emissions.
• For non-certified engines,
appropriate emissions testing and
monitoring should be all that is
required.
• In addition, owners/operators
should be able to purchase a certified
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engine but operate it according to their
own procedures. In that case,
appropriate emissions testing and
monitoring should be all that is
required.
One commenter’s objection to the
proposed requirement to follow the
manufacturer’s procedures was based on
the assertion that most operators of
these engines have developed
proprietary procedures for their engines,
varying from region to region and across
the broad spectrum of applications of
these engines; that reviewing
procedures would subject engine
manufacturers to an administrative
burden. This requirement is
unnecessary, the commenter noted,
because owners/operators bear
responsibility for compliance, and are
already required to demonstrate such
compliance through extensive testing.
Two commenters requested that EPA
allow owners/operators to define O&M
requirements for gas-fired engines,
rather than the manufacturer O&M.
These two commenters stated that
owners/operators have developed and
refined O&M practices to address the
specific challenges, rigor, and
accessibility of their application.
However, if EPA chooses to mandate
manufacturer O&M, then the
commenters requested that the
manufacturers be required to reasonably
review and approve alternatives, and
the cost of the program be borne by the
manufacturer. One commenter stated
that allowing owners/operators to
follow their own O&M procedures is
consistent with the requirements of the
subpart A General Provisions. The
commenter stated that the EPA should
clearly indicate that owners/operators of
gas-fired engines can choose compliance
monitoring based on owners/operators
defined O&M and periodic tests even if
a certified engine is available.
Response: EPA agrees with some of
the comments received on the issue of
operating the engine according to
manufacturer O&M procedures. EPA
agrees that any requirement to operate
and maintain engines according to
manufacturer instructions should be
limited to emission-related operation
and maintenance. In addition, in the
final rule, EPA has not included the
requirement for owners/operators of
non-certified engines to operate and
maintain their engines according to the
manufacturer’s written instructions or
procedures developed by the owners/
operators that are approved by the
engine manufacturer. Instead, owners/
operators will be required to operate
and maintain their engines in a proper
manner, consistent with their own
maintenance plan. Owners and
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operators of non-certified engines will
be required to keep records of the
maintenance performed on the engine.
In addition, EPA is requiring
performance testing of non-certified
engines to demonstrate compliance with
the emission standards, consistent with
the proposal.
Based on information received during
the final rulemaking and in public
comments, EPA does not believe it is
appropriate to require manufacturer
O&M procedures for all owners/
operators of certified engines without
allowing alternative procedures and is
therefore providing an alternative
option to owners/operators. However, if
an owner/operator has a certified engine
that it wishes to operate according to its
own well-established procedures based
on its own experience with operating
that engine (or engines), that particular
engine that was originally certified will
no longer be considered certified and
the engine must be tested. EPA will
consider that engine to be operating in
a non-certified manner, and will require
testing if the engine is greater than or
equal to 100 HP. Engines below 100 HP
operating in a non-certified manner will
be exempt from performance testing, but
are required to keep a maintenance plan
and records. EPA wishes to encourage
the certified route for smaller engines
and expects that the majority of engines
in this size group will be certified.
Engines greater than or equal to 100 HP
and less than or equal to 500 HP will be
required to conduct a performance
within 1 year of startup to demonstrate
compliance with the emission
standards. These engines will in
addition be required to keep a
maintenance plan and records of
conducted maintenance. Engines greater
than 500 HP will in addition to
conducting a performance testing within
1 year of startup, also have to conduct
subsequent performance testing every
8,760 hours or 3 years (whichever
comes first) thereafter.
F. Streamlined Compliance
Requirements
Comment: Commenters asserted that
the proposed rule is complex partly due
to having a combined rulemaking. One
commenter stated that the proposed rule
is too complex for most small oil and
gas operators to be able to fully
understand and evaluate. The
commenter also believed that the
proposed rule requires a person with
significant knowledge and experience
with CAA rules and requirements to
understand it. One commenter stated
that the proposed rulemaking added
much complexity to the 2004
rulemaking for stationary RICE greater
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3585
than 500 HP located at major sources, as
it combined the adoption of a new
NSPS, the expansion of the 2004
requirements to smaller sources, and the
addition of the section 112(k) of the
CAA requirements covering HAP
emissions at area sources. The
commenter believed that this complex
interweaving of the area source
requirements with the major source
requirements make the rule very
difficult to follow relative to area
sources. This commenter recommended
that EPA separate the major source from
the area source requirements and
suggested that one way of doing this
would be to establish two separate
subparts in 40 CFR part 63 for stationary
RICE; one to cover area sources and
another to cover major sources.
According to the commenter, this
approach would simplify and clarify the
rule for small businesses and the
various State and local agencies. In
addition, the commenter recommended
that EPA avoid similar interweaving of
requirements, and strive to create
simpler, easier to understand area
source rulemakings under section 112(k)
of the CAA in the future.
Two commenters were concerned that
there are conflicting or duplicate
requirements between the proposed
NSPS, existing nonroad regulations, the
RICE NESHAP, and the currently
proposed NESHAP. Specifically, the
existing RICE NESHAP requirements for
formaldehyde and the currently
proposed emission limit for nonmethane hydrocarbons (NMHC) to
control HAP are duplicative and may
lead to conflicting or impractical
reduction requirements for some
engines, or may be technically
infeasible, the commenters said. Other
commenters noted that stationary
natural gas engines greater than 500 HP
located at a major source are required to
comply with 40 CFR part 63, subpart
ZZZZ, and the NSPS NMHC limits.
According to one commenter, it also
creates confusion, since it may not be
technically feasible to meet the various
standards required in the NSPS and the
NESHAP simultaneously. Three
commenters recommended that all
engines greater than 500 HP and all
4SLB engines greater than 250 HP
located at major sources be exempt from
meeting the NMHC NSPS standards.
The emissions controls needed to meet
the NESHAP standards applicable to
those engines are sufficient to reduce
HAP and other HC emissions.
Elimination of the NMHC standard for
that group of engines in the NSPS will
simplify the rules, eliminate confusing,
redundant, and possibly conflicting
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requirements, and will relieve owners/
operators from unnecessary testing and
monitoring requirements, according to
commenters.
Response: EPA believes that the
approach taken to have a combined
rulemaking is more effective than
having separate rules for the same types
of facilities and will help reduce burden
and EPA also believes that having a
combined rulemaking, as well as
regulations that refer to one another and
are promulgated concurrently, actually
simplifies compliance for affected
sources. Commenters are reminded that
Congress requires EPA to promulgate
standards under both sections 111 and
112 of the CAA, which requires that
owners and operators of sources covered
under both sections are required to meet
standards under both sections.
However, EPA has made a major
simplification in the final rule and has
included a provision in section 63.6590
of the final NESHAP that owners/
operators of new and reconstructed
engines less than 500 HP located at
major sources (except new and
reconstructed 4SLB engines between
250 and 500 HP) and engines located at
area sources will be in compliance with
the NESHAP if they are in compliance
with the NSPS. This approach is
substantively the same as the approach
in the notice of proposed rulemaking, at
least in terms of emission requirements,
but EPA believes this approach more
clearly streamlines and simplifies
compliance and greatly reduces the
complexity that may be associated with
demonstrating compliance for owners/
operators and makes the rule easy to
understand for all parties affected,
including small business owners and
State and local agencies. Additionally,
for the most part the only thing required
from small engine owners/operators is
that they purchase a certified engine,
which EPA believes will be available for
most, if not all, of the smaller engines,
and operate the engine according to the
manufacturer’s specifications. EPA
further notes that even for non-certified
engines, requirements are reduced,
especially for smaller engines. However,
EPA appreciates the commenters’
concerns and has made changes to the
proposed rule that will further help
affected parties understand and evaluate
the requirements, as discussed above.
EPA understands the commenters’
concerns and agrees that there may be
some duplication in the proposed rule
and has taken steps in the final rule to
simplify the compliance process for
owners/operators by removing potential
duplicative and/or conflicting
requirements. Specifically, EPA realizes
that certain engines will be subject to
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two sets of emission standards and
regulations. New engines over 500 HP
located at major sources would be
subject to the NESHAP as well as the
NSPS. Stationary 4SLB engines between
250 and 500 HP located at major sources
would also be subject to the NESHAP
and NSPS. EPA does not agree with the
commenters that recommend that EPA
exempt all engines greater than 500 HP
and 4SLB above 250 HP at major
sources from meeting the NSPS NMHC
(now VOC) standard. These stationary
engines will be required to comply with
both regulations. One regulation
addresses HAP emissions and the other
regulation addresses criteria pollutants.
The commenters provide no data or
analysis indicating that it would be
infeasible to meet both regulations, and
EPA has shown that the standards under
both regulations are feasible.
For the current 40 CFR part 63,
subpart ZZZZ, EPA did not find that
there is a good relationship between CO
emission concentration or CO emission
reductions and HAP emission
concentrations or HAP emission
reductions from rich burn engines
equipped with NSCR. Therefore, in that
rule, EPA could not use CO as a
surrogate for HAP for rich burn engines.
For that reason, EPA cannot exempt
stationary rich burn engines from either
regulation, and rich burn engines greater
than 500 HP located at major sources
have to comply with the formaldehyde
emission standard in the RICE NESHAP
(percent reduction or concentration
limit) and the NOX, CO, and VOC
emission standards in the SI NSPS.
However, for SI lean burn engines,
under the existing RICE NESHAP, EPA
established a good relationship between
CO emission reductions and HAP
emission reductions from 4SLB engines
with oxidation catalyst systems.
Therefore, EPA concluded that CO
emission reductions could serve as a
surrogate for HAP emission reductions
for SI lean burn engines with oxidation
catalysts. Since the existing RICE
NESHAP contains emission standards
for CO and formaldehyde that are based
on the application of oxidation
catalysts, it makes sense to exempt these
engines from the CO emission standard
under the SI NSPS, which would be less
stringent than the NESHAP CO
standard. For this group of engines, and
for 4SLB engines between 250 and 500
HP located at major sources, EPA
believes it is more appropriate and
reasonable to exempt the engines from
the CO standard in the NSPS, since that
is the same pollutant that they are
testing for in the NESHAP, rather than
the VOC standard. Based on comments
received and other information analyzed
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post-proposal, EPA believes that CO is
a more appropriate surrogate for
formaldehyde than VOC for SI lean burn
engines and EPA does not believe VOC
should be used as a surrogate for HAP.
EPA recognizes that it proposed
exempting 4SLB engines between 250
and 500 HP at major sources from the
NSPS NMHC standard, but based on
new information comments submitted
by EUROMOT (EPA–HQ–OAR–2005–
0030–0039), EPA now believes that CO
is more appropriate and consistent with
the NESHAP for 4SLB engines.
Therefore, SI lean burn engines greater
than or equal to 250 HP located at major
sources that comply with the RICE
NESHAP only have to comply with the
NOX and VOC standard in the SI NSPS.
EPA has included this provision in
Table 1 to the final NSPS.
VI. Summary of Environmental, Energy
and Economic Impacts
A. What are the air quality impacts?
The final rule is estimated to reduce
NOX emissions from stationary SI ICE
by an estimated 77,000 tons per year
(tpy), CO emissions by about 45,000 tpy,
VOC emissions by about 2,000 tpy, and
HAP emissions by approximately 800
tpy in the year 2015. Of the 800 tpy of
HAP reduced in 2015, it is expected that
about 86 tpy will be the result of
requirements under the RICE NESHAP.
The final rule is estimated to reduce
NOX emissions by 84,000 tpy, CO
emissions by 49,000 tpy, VOC emissions
by 2,400 tpy, and HAP emissions by 900
tpy in the year 2020. Of the 900 tpy of
HAP reduced in 2020, it is expected that
about 100 tpy will be the result of
requirements under the RICE NESHAP.
The final rule is estimated to reduce
NOX emissions by 99,000 tpy, CO
emissions by 56,000 tpy, VOC emissions
by 3,000 tpy, and HAP emissions by
1,000 tpy in the year 2030. Of the 1,000
tpy of HAP reduced in 2030, it is
expected that about 120 tpy will be the
result of requirements under the RICE
NESHAP.
EPA estimates that a total of about
150,000 stationary SI engines will be
affected by the final rule by the year
2015. A total of 433,000 stationary SI
engines will be affected by the year
2030. An estimated 623,000 stationary
CI engines will be affected by the final
rule by the year 2015. However,
stationary CI engines affected by the
final rule would also be subject to the
CI NSPS. Further information regarding
the estimated reductions of the final
rule can be found in the memorandum
entitled ‘‘Cost Impacts and Emission
Reductions Associated with Proposed
NSPS for Stationary SI ICE and
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NESHAP for Stationary RICE,’’ which is
available in the docket.
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B. What are the cost impacts?
The total national capital cost for the
final rule is estimated to be
approximately $44 million in the year
2015, with a total national annual cost
of $19 million in the year 2015. Total
national capital cost for the RICE
NESHAP portion of the final rule are $3
million in 2015 with a total annual cost
of also $3 million in 2015. In the year
2020, the total national capital and
annual costs for the final rule are
estimated to be $47 million and $20
million, respectively. Total national
capital cost for the RICE NESHAP
portion of the final rule are $3.5 million
in 2020 with a total annual cost of $3.5
million in 2020. In the year 2030, the
total national capital and annual costs
for the final rule are estimated to be $54
million and $22 million, respectively.
Total national capital cost for the RICE
NESHAP portion of the final rule are
$4.2 million in 2030 with a total annual
cost of $4.3 million in 2030.
C. What are the benefit estimates?
EPA estimates the monetized benefits
of this final rule to be about $220
million (2005$). This estimate of
benefits reflects the use of the Pope et
al. (2002) PM2.5 mortality estimate. EPA
recognizes the uncertainty associated
with this estimate and readers may refer
to the benefits chapter of the Regulatory
Impacts Analysis for a discussion of the
range of benefits estimated for this rule.
To estimate the human health benefits
of NOX emission reductions from
stationary SI engines, EPA followed an
approach and methodology described in
the Technical Support Document (TSD)
accompanying EPA’s 2007 benefits
analysis of the proposed changes to the
National Ambient Air Quality Standards
for Ozone. In this analysis, EPA applied
dollar per ton benefit transfer
coefficients. These benefit per ton
estimates relate a one-ton reduction in
a given PM2.5 precursor, such as NOX
emitted by stationary sources, to an
estimate of the total monetized human
health benefits of reduced exposure to
PM2.5. EPA chose these transfer
coefficients as the basis for estimating
the benefits from emission reductions of
these two pollutants because the
coefficients were derived for sources
that share many of the same key
attributes as those covered here. These
elements include the stack height and
the pollutant affected-NOX. Thus EPA
believes that it can generate a reasonable
estimate of benefits for this final rule
using a benefits transfer approach.
Specifically, these estimates are based
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on application of the benefits scaling
approach derived from the benefits
analyses completed for these
rulemakings. Readers interested in the
methodology followed to generate these
estimates may consult the Technical
Support Document supporting the
Proposed Ozone NAAQS RIA.1 A
summary of the benefits estimates is in
Table 5 of this preamble.
TABLE 5.—ESTIMATE OF MONETIZED
BENEFITS BY 2015 ($2005) a
$ Benefits/
ton
Amount of
NOX
emissions
reduced
(tons)
Monetized
benefits
(millions of
2005$) b
$2,800
77,362
$220
a The
results are presented assuming a discount rate of three percent.
b Estimate rounded to two significant figures.
The specific estimates of benefits per
ton of pollutant reductions included in
this analysis are largely driven by the
concentration response function for
premature mortality, which is based on
the American Cancer Society cohort
(ACS) (Pope, C.A. III, et al., ‘‘Lung
Cancer, Cardiopulmonary Mortality, and
Long-Term Exposure to Fine Particulate
Air Pollution,’’ JAMA, 2002).
Since the publication of Clean Air
Interstate Rulemaking (CAIR), the EPA’s
Office of Air and Radiation has adopted
a different format for its benefits
analysis in which characterization of the
uncertainty in the concentration
response function is integrated into the
main benefits analysis. The PM NAAQS
RIA analysis prepared last year provides
an indication of the sensitivity of our
results to the use of alternative
concentration response functions,
including those derived from the
recently completed expert elicitation
study. Specifically, compared to the
final PM NAAQS estimate of the mean
mortality from the ACS cohort, the
expert-based premature mortality
incidence ranged from 50 percent of the
mean ACS estimate to more than five
times the size of the ACS mean estimate.
The Agency intends to consider using
information to update our benefits
estimates as part of an approach similar
to that used in the PM NAAQS
Regulatory Impact Analysis (RIA) in the
benefits analyses for future rulemakings.
EPA estimates the annualized benefits
of this rulemaking (the NSPS and
NESHAP together) to be about $220
million (2005$) and annualized costs to
be $22 million (2005$). Thus, benefits
1 Technical Support Document: Calculating
Benefit per-Ton Estimates. EPA–HQ–OAR–2006–
0834.
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3587
exceed cost by about to $200 million in
2015. EPA believes that the benefits are
likely to exceed the costs by a
significant margin under this
rulemaking even when taking into
account uncertainties in the cost and
benefit estimates. For more information,
please refer to the RIA for this final rule
that is available in the docket.
D. What are the economic impacts?
The impacts to producers and
consumers affected by this final rule are
higher product prices and outputs.
Prices for affected engines that are larger
than 175 HP may increase from 5 to 7
percent, and prices for engines smaller
than 175 HP may increase by 17 to 33
percent. Production of affected engines,
however, should only fall by between
0.5 and 3.3 percent since previous
analyses by EPA of engine markets done
for the Final Nonroad Diesel Engine
Rule suggest a small reaction in output
due to a large price increase. Hence, the
overall economic impact on affected
industries should be small.
E. What are the non-air health,
environmental and energy impacts?
EPA does not anticipate any
significant non-air health,
environmental or energy impacts as a
result of the final rule.
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under section 3(f)(1) of Executive
Order 12866 (58 FR 51735, October 4,
1993), this action is an ‘‘economically
significant regulatory action’’ because it
is likely to have an annual affect on the
economy of $100 million or more.
Accordingly, EPA submitted this action
to the Office of Management and Budget
(OMB) for review under Executive
Order 12866, and any changes made in
response to OMB recommendations
have been documented in the docket for
this action.
B. Paperwork Reduction Act
The information collection
requirements in this final rule have been
submitted for approval to OMB under
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. The information collection
requirements are not enforceable until
OMB approves them.
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
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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.
This final rule will require
notifications from certain engines and
compliance reports. 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 this final rule) is
estimated to be 132,164 labor hours per
year at a total annual cost of
$17,995,722. This estimate includes a
one-time notification for engines greater
than 500 HP that are non-certified,
engine certification, engine performance
testing, and recordkeeping. There are no
capital/start-up costs associated with
the monitoring requirements over the 3year 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
$8,498,888 per year.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An Agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9. When
this ICR is approved by OMB, the
Agency will publish a technical
amendment to 40 CFR part 9 in the
Federal Register to display the OMB
control number for the approved
information collection requirements
contained in this final rule. In addition,
EPA is amending the table in 40 CFR
part 9 of currently approved OMB
control numbers for various regulations
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to list the regulatory citations for the
information requirements contained in
this final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
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
organizations, and small governmental
jurisdictions.
For the purposes of assessing the
impacts of this final rule on small
entities, small entity is defined as: (1) A
small business as defined by the Small
Business Administration’s (SBA)
regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
This final rule is expected to affect 21
ultimate parent businesses that are
manufacturers of affected SI engines.
Five of the parent businesses are small
according to the SBA small business
size standard. One of these five firms
would have an annualized cost of more
than one percent of sales associated
with meeting the requirements; the
estimated cost is about five percent of
the annual sales for this small firm. In
addition, for the industries in which
small firms are found that may be
affected by this final rule, either by
purchasing a compliant SI engine or by
performing the required testing, the
estimated cost of this rule is 0.10
percent of sales or less. Also, no other
adverse impacts are expected to these
affected small businesses.
For more information on the small
entity impacts associated with the final
rule, please refer to the Economic
Impact and Small Business Analyses in
the public docket. These analyses can be
found in the Regulatory Impact Analysis
for this final rule.
Although this final rule will not have
a significant economic impact on a
substantial number of small entities,
EPA nonetheless has tried to reduce the
impact of this rule on small entities.
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When developing the revised standards,
EPA took special steps to ensure that the
burdens imposed on small entities were
minimal. EPA conducted several
meetings with industry trade
associations to discuss regulatory
options and the corresponding burden
on industry, such as recordkeeping and
reporting.
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 one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least-costly, most 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
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that this 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 one year. Thus,
this final rule is not subject to the
requirements of sections 202 and 205 of
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the UMRA. EPA has determined that
this 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.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) requires EPA 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’’ is 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.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This final rule
primarily affects private industry, and
does not impose significant economic
costs on State or local governments.
Thus, Executive Order 13132 does not
apply to the final rule. In the spirit of
Executive Order 13132, and consistent
with EPA policy to promote
communications between EPA and State
and local governments, EPA specifically
solicited comment on the proposed rule
from State and local officials.
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination With
Indian Tribal Governments’’ (65 FR
67249, November 9, 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.’’ This final rule does not
have tribal implications, as specified in
Executive Order 13175. 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.
Thus, Executive Order 13175 does not
apply to the final rule.
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G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
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
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
EPA interprets Executive Order 13045
as applying to those regulatory actions
that are based on health or safety risks,
such that the analysis required under
section 5–501 of the Order has the
potential to influence the regulation.
This final rule is not subject to
Executive Order 13045 because it is
based on technology performance and
not on health or safety risks.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This 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.
EPA has prepared an analysis of energy
impacts that explains this conclusion as
follows.
The increase in petroleum product
output, which includes increases in fuel
production, is estimated at less than
0.03 percent, or 11.1 trillion BTUs as
based on 2007 Annual Energy Outlook
data provided by the U.S. Energy
Information Administration. The
reduction in coal production is zero
since no coal-fired units will be affected
by the requirements of the final rule.
The reduction in electricity output is
estimated at 0.10 percent, or about 15.1
trillion BTUs per year based on 2007
U.S. electricity production nationwide.
Production of natural gas is expected to
decrease by 13.83 trillion BTU, a
decrease of 0.07 percent from 2007 U.S.
production levels. The maximum of all
energy price increases, which include
increases in natural gas prices as well as
those for petroleum products, and
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electricity, is estimated to be 0.10
percent nationwide. Energy distribution
costs may increase by roughly no more
than the same amount as electricity
rates. EPA expects that there will be no
discernable impact on the import of
foreign energy supplies, and no other
adverse outcomes are expected to occur
with regards to energy supplies. The
increase in cost of energy production
should be minimal given the very small
increases in energy prices and outputs
shown above. All of the estimates
presented above account for some passthrough of costs to consumers as well as
the direct cost impact to producers. For
more information on these estimated
energy effects, please refer to the
economic impact analysis for the final
rule. This analysis is available in the
public docket.
Therefore, EPA concludes that this
rule when implemented will not have a
significant adverse effect on the supply,
distribution, or use of energy.
I. National Technology Transfer and
Advancement Act
As noted in the proposed rule,
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104–113,
Section 12(d), 15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities, unless to do so would be
inconsistent with applicable law or
otherwise impractical. The VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by VCS
bodies.
The NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency does not use available
and applicable VCS. These rules involve
technical standards. The EPA cites the
following standards: EPA Methods 1,
1A, 2, 3, 3A, 3B, 4, 7E, 10, 18, 19, 25A,
320, and 323 (40 CFR part 60, appendix
A); and American Society of Testing and
Materials (ASTM) methods ASTM
D6348–03 and ASTM D6522–00 (2005).
Consistent with the NTTAA, EPA
conducted searches to identify
voluntary potentially applicable
consensus standards in addition to these
EPA methods. No applicable voluntary
consensus standards were identified for
EPA Methods 1A, 19, 320, and 323. The
search and review results are in the
docket for these rules.
The search identified two voluntary
consensus standards as acceptable
alternatives to EPA Methods. In
addition, the standards, ASTM D6348–
03 and ASTM D6522–00 (2005) cited in
these rules are also VCS.
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The standard ASME PTC 19.10–1981,
‘‘Flue and Exhaust Gas Analyses,’’ is
cited in this rule for its manual method
for measuring the oxygen content of the
exhaust gas. This part of ASME PTC
19.10–1981 is an acceptable alternative
to EPA Method 3B.
The standard ASTM D6420–99 (2004),
‘‘Test Method for Determination of
Gaseous Organic Compounds by Direct
Interface Gas Chromatography/Mass
Spectrometry’’ is cited in this rule as an
alternative to EPA Method 18 for
measuring total nonmethane organic.
Similar to EPA’s performance-based
Method 18, ASTM D6420–99 is also a
performance-based method for
measurement of gaseous organic
compounds. However, ASTM D6420–99
was written to support the specific use
of highly portable and automated GC/
MS. While offering advantages over the
traditional Method 18, the ASTM
method does allow some less stringent
criteria for accepting GC/MS results
than required by Method 18. Therefore,
ASTM D6420–99 is a suitable
alternative to Method 18 only where:
(1) The target compound(s) are those
listed in Section 1.1 of ASTM D6420–
99, and
(2) The target concentration is
between 150 ppbv and 100 ppmv.
For target compound(s) not listed in
Section 1.1 of ASTM D6420–99, but
potentially detected by mass
spectrometry, the regulation specifies
that the additional system continuing
calibration check after each run, as
detailed in Section 10.5.3 of the ASTM
method, must be followed, met,
documented, and submitted with the
data report even if there is no moisture
condenser used or the compound is not
considered water soluble. For target
compound(s) not listed in Section 1.1 of
ASTM D6420–99, and not amenable to
detection by mass spectrometry, ASTM
D6420–99 does not apply.
As a result, EPA will cite ASTM
D6420–99 in this rule. The EPA will
also cite Method 18 as a gas
chromatography (GC) option in addition
to ASTM D6420–99. This will allow the
continued use of GC configurations
other than GC/MS.
The search for emissions
measurement procedures identified 13
other voluntary consensus standards.
The EPA determined that these 13
standards identified for measuring
emissions of the HAP or surrogates
subject to emission standards in these
rules were impractical alternatives to
EPA test methods for the purposes of
these rules. Therefore, EPA does not
intend to adopt these standards for this
purpose. The reasons for the
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determinations for the 13 methods are
discussed in the dockets to the rules.
Under 63.7(f) and 63.8(f) of subpart A
of the General Provisions to part 63, 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. In addition, EPA Method
301 describes procedures any source
may use to establish the equivalency of
alternatives to any EPA reference
method.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(February 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it
increases the level of environmental
protection for all affected populations
without having any disproportionately
high and adverse human health or
environmental effects on any
population, including any minority or
low-income population. This rule
promulgates new source performance
standards and national emission
standards for hazardous air pollutants.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this final rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is a ‘‘major
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rule’’ as defined by 5 U.S.C. 804(2). This
rule will be effective on March 18, 2008.
List of Subjects
40 CFR Part 60
Administrative practice and
procedure, Air pollution control,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR Part 63
Administrative practice and
procedure, Air pollution control,
Hazardous substances, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
40 CFR Part 85
Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping
requirements, Research, Warranties.
40 CFR Part 90
Administrative practice and
procedure, Air pollution control.
40 CFR Part 1048
Administrative practice and
procedure, Air pollution control.
40 CFR Part 1065
Administrative practice and
procedure, Air pollution control,
Reporting and recordkeeping
requirements, Research.
40 CFR Part 1068
Administrative practice and
procedure, Imports, Motor vehicle
pollution, Penalties, Reporting and
recordkeeping requirements,
Warranties.
Dated: December 20, 2007.
Stephen L. Johnson,
Administrator.
For the reasons stated in the preamble,
title 40, chapter I of the Code of Federal
Regulations is to be amended as follows:
I
PART 60—[AMENDED]
1. The authority citation for part 60
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart A—[Amended]
2. Section 60.17 is amended as
follows:
I a. By revising paragraph (a)(82);
I b. By redesignating paragraphs (a)(85)
through (a)(90) as paragraphs (a)(87)
through (a)(92);
I c. By redesignating paragraph (a)(84)
as (a)(85);
I d. By adding new paragraph (a)(84);
I e. By adding new paragraph (a)(86);
I
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Emission Standards for Manufacturers
f. By revising paragraph (h)(4); and
g. By adding paragraph (n).
The revisions and additions read as
follows:
I
I
§ 60.17
Incorporation by Reference
*
*
*
*
*
(82) ASTM D6348–03, Standard Test
Method for Determination of Gaseous
Compounds by Extractive Direct
Interface Fourier Transform Infrared
(FTIR) Spectroscopy, IBR approved for
table 7 of Subpart IIII of this part and
table 2 of subpart JJJJ of this part.
*
*
*
*
*
(84) ASTM D6420–99 (Reapproved
2004) Standard Test Method for
Determination of Gaseous Organic
Compounds by Direct Interface Gas
Chromatography-Mass Spectrometry,
IBR approved for table 2 of subpart JJJJ
of this part.
*
*
*
*
*
(86) ASTM D6522–00 (Reapproved
2005), Standard Test Method for
Determination of Nitrogen Oxides,
Carbon Monoxide, and Oxygen
Concentrations in Emissions from
Natural Gas-Fired Reciprocating
Engines, Combustion Turbines, Boilers,
and Process Heaters Using Portable
Analyzers, IBR approved for table 2 of
subpart JJJJ of this part.
*
*
*
*
*
(h) * * *
(4) ANSI/ASME PTC 19.10–1981,
Flue and Exhaust Gas Analyses [Part 10,
Instruments and Apparatus], IBR
approved for Tables 1 and 3 of subpart
EEEE, Tables 2 and 4 of subpart FFFF,
Table 2 of subpart JJJJ, and
§§ 60.4415(a)(2) and 60.4415(a)(3) of
subpart KKKK of this part.
*
*
*
*
*
(n) This material is available for
purchase from IHS Inc., 15 Inverness
Way East, Englewood, CO 80112.
(1) International Organization for
Standards 8178–4: 1996(E),
Reciprocating Internal Combustion
Engines—Exhaust Emission
Measurement—Part 4: Test Cycles for
Different Engine Applications, IBR
approved for § 60.4241(b).
(2) [Reserved]
3. Part 60 is amended by adding
subpart JJJJ to read as follows:
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I
Subpart JJJJ—Standards of
Performance for Stationary Spark
Ignition Internal Combustion Engines
Sec.
What This Subpart Covers
60.4230 Am I subject to this subpart?
18:30 Jan 17, 2008
Emission Standards for Owners and
Operators
60.4233 What emission standards must I
meet if I am an owner or operator of a
stationary SI internal combustion
engine?
60.4234 How long must I meet the emission
standards if I am an owner or operator
of a stationary SI internal combustion
engine?
Other Requirements for Owners and
Operators
60.4235 What fuel requirements must I
meet if I am an owner or operator of a
stationary SI gasoline fired internal
combustion engine subject to this
subpart?
60.4236 What is the deadline for importing
or installing stationary SI ICE produced
in the previous model year?
60.4237 What are the monitoring
requirements if I am an owner or
operator of an emergency stationary SI
internal combustion engine?
Compliance Requirements for
Manufacturers
60.4238 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion
engines ≤19 KW (25 HP)?
60.4239 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion
engines >19 KW (25 HP) that use
gasoline?
60.4240 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion
engines >19 KW (25 HP) that are rich
burn engines that use LPG?
60.4241 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion
engines participating in the voluntary
certification program?
60.4242 What other requirements must I
meet if I am a manufacturer of stationary
SI internal combustion engines?
Compliance Requirements for Owners and
Operators
Subpart JJJJ—[Amended]
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60.4231 What emission standards must I
meet if I am a manufacturer of stationary
SI internal combustion engines?
60.4232 How long must my engines meet
the emission standards if I am a
manufacturer of stationary SI internal
combustion engines?
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60.4243 What are my compliance
requirements if I am an owner or
operator of a stationary SI internal
combustion engine?
Testing Requirements for Owners and
Operators
60.4244 What test methods and other
procedures must I use if I am an owner
or operator of a stationary SI internal
combustion engine?
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Notification, Reports, and Records for
Owners and Operators
60.4245 What are my notification,
reporting, and recordkeeping
requirements if I am an owner or
operator of a stationary SI internal
combustion engine?
General Provisions
60.4246 What parts of the General
Provisions apply to me?
Mobile Source Provisions
60.4247 What parts of the mobile source
provisions apply to me if I am a
manufacturer of stationary SI internal
combustion engines?
Definitions
60.4248 What definitions apply to this
subpart?
Tables to Subpart JJJJ of Part 60
Table 1 to Subpart JJJJ of Part 60—NOX, CO,
and VOC Emission Standards for
Stationary Non-Emergency SI Engines
≥100 HP (except gasoline and rich burn
LPG), Stationary SI Landfill/Digester Gas
Engines, and Stationary Emergency
Engines >25 HP.
Table 2 to Subpart JJJJ of Part 60—
Requirements for Performance Tests.
Table 3 to Subpart JJJJ of Part 60—
Applicability of General Provisions to
Subpart JJJJ.
Table 4 to Subpart JJJJ of Part 60—
Applicability of Mobile Source
Provisions for Manufacturers
Participating in the Voluntary
Certification Program and Certifying
Stationary SI ICE to Emission Standards
in Table 1 of Subpart JJJJ.
What This Subpart Covers
§ 60.4230
Am I subject to this subpart?
(a) The provisions of this subpart are
applicable to manufacturers, owners,
and operators of stationary spark
ignition (SI) internal combustion
engines (ICE) as specified in paragraphs
(a)(1) through (5) of this section. For the
purposes of this subpart, the date that
construction commences is the date the
engine is ordered by the owner or
operator.
(1) Manufacturers of stationary SI ICE
with a maximum engine power less than
or equal to 19 kilowatt (KW) (25
horsepower (HP)) that are manufactured
on or after July 1, 2008.
(2) Manufacturers of stationary SI ICE
with a maximum engine power greater
than 19 KW (25 HP) that are gasoline
fueled or that are rich burn engines
fueled by liquefied petroleum gas (LPG),
where the date of manufacture is:
(i) On or after July 1, 2008; or
(ii) On or after January 1, 2009, for
emergency engines.
(3) Manufacturers of stationary SI ICE
with a maximum engine power greater
than 19 KW (25 HP) that are not
gasoline fueled and are not rich burn
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engines fueled by LPG, where the
manufacturer participates in the
voluntary manufacturer certification
program described in this subpart and
where the date of manufacture is:
(i) On or after July 1, 2007, for engines
with a maximum engine power greater
than or equal to 500 HP (except lean
burn engines with a maximum engine
power greater than or equal to 500 HP
and less than 1,350 HP);
(ii) On or after January 1, 2008, for
lean burn engines with a maximum
engine power greater than or equal to
500 HP and less than 1,350 HP;
(iii) On or after July 1, 2008, for
engines with a maximum engine power
less than 500 HP; or
(iv) On or after January 1, 2009, for
emergency engines.
(4) Owners and operators of stationary
SI ICE that commence construction after
June 12, 2006, where the stationary SI
ICE are manufactured:
(i) On or after July 1, 2007, for engines
with a maximum engine power greater
than or equal to 500 HP (except lean
burn engines with a maximum engine
power greater than or equal to 500 HP
and less than 1,350 HP);
(ii) on or after January 1, 2008, for
lean burn engines with a maximum
engine power greater than or equal to
500 HP and less than 1,350 HP;
(iii) on or after July 1, 2008, for
engines with a maximum engine power
less than 500 HP; or
(iv) on or after January 1, 2009, for
emergency engines with a maximum
engine power greater than 19 KW (25
HP).
(5) Owners and operators of stationary
SI ICE that commence modification or
reconstruction after June 12, 2006.
(b) The provisions of this subpart are
not applicable to stationary SI ICE being
tested at an engine test cell/stand.
(c) If you are an owner or operator of
an area source subject to this subpart,
you are exempt from the obligation to
obtain a permit under 40 CFR part 70 or
40 CFR part 71, provided you are not
required to obtain a permit under 40
CFR 70.3(a) or 40 CFR 71.3(a) for a
reason other than your status as an area
source under this subpart.
Notwithstanding the previous sentence,
you must continue to comply with the
provisions of this subpart as applicable.
(d) For the purposes of this subpart,
stationary SI ICE using alcohol-based
fuels are considered gasoline engines.
(e) Stationary SI ICE may be eligible
for exemption from the requirements of
this subpart as described in 40 CFR part
1068, subpart C (or the exemptions
described in 40 CFR parts 90 and 1048,
for engines that would need to be
certified to standards in those parts),
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except that owners and operators, as
well as manufacturers, may be eligible
to request an exemption for national
security.
(f) Owners and operators of facilities
with internal combustion engines that
are acting as temporary replacement
units and that are located at a stationary
source for less than 1 year and that have
been properly certified as meeting the
standards that would be applicable to
such engine under the appropriate
nonroad engine provisions, are not
required to meet any other provisions
under this subpart with regard to such
engines.
Emission Standards for Manufacturers
§ 60.4231 What emission standards must I
meet if I am a manufacturer of stationary SI
internal combustion engines?
(a) Stationary SI internal combustion
engine manufacturers must certify their
stationary SI ICE with a maximum
engine power less than or equal to 19
KW (25 HP) manufactured on or after
July 1, 2008, to the certification
emission standards and other
requirements for new nonroad SI
engines in 40 CFR part 90.
(b) Stationary SI internal combustion
engine manufacturers must certify their
stationary SI ICE with a maximum
engine power greater than 19 KW (25
HP) (except emergency stationary ICE
with a maximum engine power greater
than 25 HP and less than 130 HP) that
use gasoline and that are manufactured
on or after the applicable date in
§ 60.4230(a)(2), or manufactured on or
after the applicable date in
§ 60.4230(a)(4) for emergency stationary
ICE with a maximum engine power
greater than or equal to 130 HP, to the
certification emission standards and
other requirements for new nonroad SI
engines in 40 CFR part 1048. Stationary
SI internal combustion engine
manufacturers must certify their
emergency stationary SI ICE greater than
25 HP and less than 130 HP that are
manufactured on or after the applicable
date in § 60.4230(a)(4) to the Phase 1
emission standards in 40 CFR 90.103,
applicable to class II engines, and other
requirements for new nonroad SI
engines in 40 CFR part 90. Stationary SI
internal combustion engine
manufacturers may certify their
stationary SI ICE with a maximum
engine power less than or equal to 30
KW (40 HP) with a total displacement
less than or equal to 1,000 cubic
centimeters (cc) to the certification
emission standards and other
requirements for new nonroad SI
engines in 40 CFR part 90.
(c) Stationary SI internal combustion
engine manufacturers must certify their
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stationary SI ICE with a maximum
engine power greater than 19 KW (25
HP) (except emergency stationary ICE
with a maximum engine power greater
than 25 HP and less than 130 HP) that
are rich burn engines that use LPG and
that are manufactured on or after the
applicable date in § 60.4230(a)(2), or
manufactured on or after the applicable
date in § 60.4230(a)(4) for emergency
stationary ICE with a maximum engine
power greater than or equal to 130 HP,
to the certification emission standards
and other requirements for new nonroad
SI engines in 40 CFR part 1048.
Stationary SI internal combustion
engine manufacturers must certify their
emergency stationary SI ICE greater than
25 HP and less than 130 HP that are
manufactured on or after the applicable
date in § 60.4230(a)(4) to the Phase 1
emission standards in 40 CFR 90.103,
applicable to class II engines, and other
requirements for new nonroad SI
engines in 40 CFR part 90. Stationary SI
internal combustion engine
manufacturers may certify their
stationary SI ICE with a maximum
engine power less than or equal to 30
KW (40 HP) with a total displacement
less than or equal to 1,000 cc to the
certification emission standards and
other requirements for new nonroad SI
engines in 40 CFR part 90.
(d) Stationary SI internal combustion
engine manufacturers who choose to
certify their stationary SI ICE with a
maximum engine power greater than 19
KW (25 HP) and less than 75 KW (100
HP) (except gasoline and rich burn
engines that use LPG and emergency
stationary ICE with a maximum engine
power greater than 25 HP and less than
130 HP) under the voluntary
manufacturer certification program
described in this subpart must certify
those engines to the certification
emission standards for new nonroad SI
engines in 40 CFR part 1048. Stationary
SI internal combustion engine
manufacturers who choose to certify
their emergency stationary SI ICE
greater than 25 HP and less than 130
HP, must certify those engines to the
Phase 1 emission standards in 40 CFR
90.103, applicable to class II engines, for
new nonroad SI engines in 40 CFR part
90. Stationary SI internal combustion
engine manufacturers may certify their
stationary SI ICE with a maximum
engine power less than or equal to 30
KW (40 HP) with a total displacement
less than or equal to 1,000 cc to the
certification emission standards for new
nonroad SI engines in 40 CFR part 90.
For stationary SI ICE with a maximum
engine power greater than 19 KW (25
HP) and less than 75 KW (100 HP)
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(except gasoline and rich burn engines
that use LPG and emergency stationary
ICE with a maximum engine power
greater than 25 HP and less than 130
HP) manufactured prior to January 1,
2011, manufacturers may choose to
certify these engines to the standards in
Table 1 to this subpart applicable to
engines with a maximum engine power
greater than or equal to 100 HP and less
than 500 HP.
(e) Stationary SI internal combustion
engine manufacturers who choose to
certify their stationary SI ICE with a
maximum engine power greater than or
equal to 75 KW (100 HP) (except
gasoline and rich burn engines that use
LPG) under the voluntary manufacturer
certification program described in this
subpart must certify those engines to the
emission standards in Table 1 to this
subpart. Stationary SI internal
combustion engine manufacturers may
certify their stationary SI ICE with a
maximum engine power greater than or
equal to 75 KW (100 HP) that are lean
burn engines that use LPG to the
certification emission standards for new
nonroad SI engines in 40 CFR part 1048.
For stationary SI ICE with a maximum
engine power greater than or equal to
100 HP (75 KW) and less than 500 HP
(373 KW) manufactured prior to January
1, 2011, and for stationary SI ICE with
a maximum engine power greater than
or equal to 500 HP (373 KW)
manufactured prior to July 1, 2010,
manufacturers may choose to certify
these engines to the certification
emission standards for new nonroad SI
engines in 40 CFR part 1048 applicable
to engines that are not severe duty
engines.
§ 60.4232 How long must my engines meet
the emission standards if I am a
manufacturer of stationary SI internal
combustion engines?
Engines manufactured by stationary
SI internal combustion engine
manufacturers must meet the emission
standards as required in § 60.4231
during the certified emissions life of the
engines.
Emission Standards for Owners and
Operators
rwilkins on PROD1PC63 with NOTICES
§ 60.4233 What emission standards must I
meet if I am an owner or operator of a
stationary SI internal combustion engine?
(a) Owners and operators of stationary
SI ICE with a maximum engine power
less than or equal to 19 KW (25 HP)
manufactured on or after July 1, 2008,
must comply with the emission
standards in § 60.4231(a) for their
stationary SI ICE.
(b) Owners and operators of stationary
SI ICE with a maximum engine power
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greater than 19 KW (25 HP)
manufactured on or after the applicable
date in § 60.4230(a)(4) that use gasoline
must comply with the emission
standards in § 60.4231(b) for their
stationary SI ICE.
(c) Owners and operators of stationary
SI ICE with a maximum engine power
greater than 19 KW (25 HP)
manufactured on or after the applicable
date in § 60.4230(a)(4) that are rich burn
engines that use LPG must comply with
the emission standards in § 60.4231(c)
for their stationary SI ICE.
(d) Owners and operators of stationary
SI ICE with a maximum engine power
greater than 19 KW (25 HP) and less
than 75 KW (100 HP) (except gasoline
and rich burn engines that use LPG)
must comply with the emission
standards for field testing in 40 CFR
1048.101(c) for their non-emergency
stationary SI ICE and with the emission
standards in Table 1 to this subpart for
their emergency stationary SI ICE.
Owners and operators of stationary SI
ICE with a maximum engine power
greater than 19 KW (25 HP) and less
than 75 KW (100 HP) manufactured
prior to January 1, 2011, that were
certified to the standards in Table 1 to
this subpart applicable to engines with
a maximum engine power greater than
or equal to 100 HP and less than 500
HP, may optionally choose to meet
those standards.
(e) Owners and operators of stationary
SI ICE with a maximum engine power
greater than or equal to 75 KW (100 HP)
(except gasoline and rich burn engines
that use LPG) must comply with the
emission standards in Table 1 to this
subpart for their stationary SI ICE. For
owners and operators of stationary SI
ICE with a maximum engine power
greater than or equal to 100 HP (except
gasoline and rich burn engines that use
LPG) manufactured prior to January 1,
2011 that were certified to the
certification emission standards in 40
CFR part 1048 applicable to engines that
are not severe duty engines, if such
stationary SI ICE was certified to a
carbon monoxide (CO) standard above
the standard in Table 1 to this subpart,
then the owners and operators may meet
the CO certification (not field testing)
standard for which the engine was
certified.
(f) Owners and operators of any
modified or reconstructed stationary SI
ICE subject to this subpart must meet
the requirements as specified in
paragraphs (f)(1) through (5) of this
section.
(1) Owners and operators of stationary
SI ICE with a maximum engine power
less than or equal to 19 KW (25 HP), that
are modified or reconstructed after June
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3593
12, 2006, must comply with the same
emission standards as those specified in
paragraph (a) of this section.
(2) Owners and operators of stationary
SI ICE with a maximum engine power
greater than 19 KW (25 HP) that use
gasoline engines, that are modified or
reconstructed after June 12, 2006, must
comply with the same emission
standards as those specified in
paragraph (b) of this section.
(3) Owners and operators of stationary
SI ICE with a maximum engine power
greater than 19 KW (25 HP) that are rich
burn engines that use LPG, that are
modified or reconstructed after June 12,
2006, must comply with the same
emission standards as those specified in
paragraph (c) of this section.
(4) Owners and operators of stationary
SI natural gas and lean burn LPG
engines with a maximum engine power
greater than 19 KW (25 HP), that are
modified or reconstructed after June 12,
2006, must comply with the same
emission standards as those specified in
paragraph (d) or (e) of this section,
except that such owners and operators
of non-emergency engines and
emergency engines greater than or equal
to 130 HP must meet a nitrogen oxides
(NOX) emission standard of 3.0 grams
per HP-hour (g/HP-hr), a CO emission
standard of 4.0 g/HP-hr (5.0 g/HP-hr for
non-emergency engines less than 100
HP), and a volatile organic compounds
(VOC) emission standard of 1.0 g/HP-hr,
or a NOX emission standard of 250
ppmvd at 15 percent oxygen (O2), a CO
emission standard 540 ppmvd at 15
percent O2 (675 ppmvd at 15 percent O2
for non-emergency engines less than 100
HP), and a VOC emission standard of 86
ppmvd at 15 percent O2, where the date
of manufacture of the engine is:
(i) Prior to July 1, 2007, for nonemergency engines with a maximum
engine power greater than or equal to
500 HP;
(ii) Prior to July 1, 2008, for nonemergency engines with a maximum
engine power less than 500 HP;
(iii) Prior to January 1, 2009, for
emergency engines.
(5) Owners and operators of stationary
SI landfill/digester gas ICE engines with
a maximum engine power greater than
19 KW (25 HP), that are modified or
reconstructed after June 12, 2006, must
comply with the same emission
standards as those specified in
paragraph (e) of this section for
stationary landfill/digester gas engines.
(g) Owners and operators of stationary
SI wellhead gas ICE engines may
petition the Administrator for approval
on a case-by-case basis to meet emission
standards no less stringent than the
emission standards that apply to
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stationary emergency SI engines greater
than 25 HP and less than 130 HP due
to the presence of high sulfur levels in
the fuel, as specified in Table 1 to this
subpart. The request must, at a
minimum, demonstrate that the fuel has
high sulfur levels that prevent the use
of aftertreatment controls and also that
the owner has reasonably made all
attempts possible to obtain an engine
that will meet the standards without the
use of aftertreatment controls. The
petition must request the most stringent
standards reasonably applicable to the
engine using the fuel.
(h) Owners and operators of stationary
SI ICE that are required to meet
standards that reference 40 CFR
1048.101 must, if testing their engines
in use, meet the standards in that
section applicable to field testing,
except as indicated in paragraph (e) of
this section.
§ 60.4234 How long must I meet the
emission standards if I am an owner or
operator of a stationary SI internal
combustion engine?
Owners and operators of stationary SI
ICE must operate and maintain
stationary SI ICE that achieve the
emission standards as required in
§ 60.4233 over the entire life of the
engine.
Other Requirements for Owners and
Operators
§ 60.4235 What fuel requirements must I
meet if I am an owner or operator of a
stationary SI gasoline fired internal
combustion engine subject to this subpart?
Owners and operators of stationary SI
ICE subject to this subpart that use
gasoline must use gasoline that meets
the per gallon sulfur limit in 40 CFR
80.195.
rwilkins on PROD1PC63 with NOTICES
§ 60.4236 What is the deadline for
importing or installing stationary SI ICE
produced in the previous model year?
(a) After July 1, 2010, owners and
operators may not install stationary SI
ICE with a maximum engine power of
less than 500 HP that do not meet the
applicable requirements in § 60.4233.
(b) After July 1, 2009, owners and
operators may not install stationary SI
ICE with a maximum engine power of
greater than or equal to 500 HP that do
not meet the applicable requirements in
§ 60.4233, except that lean burn engines
with a maximum engine power greater
than or equal to 500 HP and less than
1,350 HP that do not meet the
applicable requirements in § 60.4233
may not be installed after January 1,
2010.
(c) For emergency stationary SI ICE
with a maximum engine power of
greater than 19 KW (25 HP), owners and
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operators may not install engines that
do not meet the applicable requirements
in § 60.4233 after January 1, 2011.
(d) In addition to the requirements
specified in §§ 60.4231 and 60.4233, it
is prohibited to import stationary SI ICE
less than or equal to 19 KW (25 HP),
stationary rich burn LPG SI ICE, and
stationary gasoline SI ICE that do not
meet the applicable requirements
specified in paragraphs (a), (b), and (c)
of this section, after the date specified
in paragraph (a), (b), and (c) of this
section.
(e) The requirements of this section
do not apply to owners and operators of
stationary SI ICE that have been
modified or reconstructed, and they do
not apply to engines that were removed
from one existing location and
reinstalled at a new location.
§ 60.4237 What are the monitoring
requirements if I am an owner or operator
of an emergency stationary SI internal
combustion engine?
(a) Starting on July 1, 2010, if the
emergency stationary SI internal
combustion engine that is greater than
or equal to 500 HP that was built on or
after July 1, 2010, does not meet the
standards applicable to non-emergency
engines, the owner or operator must
install a non-resettable hour meter.
(b) Starting on January 1, 2011, if the
emergency stationary SI internal
combustion engine that is greater than
or equal to 130 HP and less than 500 HP
that was built on or after January 1,
2011, does not meet the standards
applicable to non-emergency engines,
the owner or operator must install a
non-resettable hour meter.
(c) If you are an owner or operator of
an emergency stationary SI internal
combustion engine that is less than 130
HP, was built on or after July 1, 2008,
and does not meet the standards
applicable to non-emergency engines,
you must install a non-resettable hour
meter upon startup of your emergency
engine.
Compliance Requirements for
Manufacturers
§ 60.4238 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion engines
≤19 KW (25 HP)?
Stationary SI internal combustion
engine manufacturers who are subject to
the emission standards specified in
§ 60.4231(a) must certify their stationary
SI ICE using the certification procedures
required in 40 CFR part 90, subpart B,
and must test their engines as specified
in that part.
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§ 60.4239 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion engines
>19 KW (25 HP) that use gasoline?
Stationary SI internal combustion
engine manufacturers who are subject to
the emission standards specified in
§ 60.4231(b) must certify their stationary
SI ICE using the certification procedures
required in 40 CFR part 1048, subpart C,
and must test their engines as specified
in that part. Stationary SI internal
combustion engine manufacturers who
certify their stationary SI ICE with a
maximum engine power less than or
equal to 30 KW (40 HP) with a total
displacement less than or equal to 1,000
cc to the certification emission
standards and other requirements for
new nonroad SI engines in 40 CFR part
90, and manufacturers of stationary SI
emergency engines that are greater than
25 HP and less than 130 HP who meet
the Phase 1 standards in 40 CFR 90.103,
applicable to class II engines, must
certify their stationary SI ICE using the
certification procedures required in 40
CFR part 90, subpart B, and must test
their engines as specified in that part.
§ 60.4240 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion engines
>19 KW (25 HP) that are rich burn engines
that use LPG?
Stationary SI internal combustion
engine manufacturers who are subject to
the emission standards specified in
§ 60.4231(c) must certify their stationary
SI ICE using the certification procedures
required in 40 CFR part 1048, subpart C,
and must test their engines as specified
in that part. Stationary SI internal
combustion engine manufacturers who
certify their stationary SI ICE with a
maximum engine power less than or
equal to 30 KW (40 HP) with a total
displacement less than or equal to 1,000
cc to the certification emission
standards and other requirements for
new nonroad SI engines in 40 CFR part
90, and manufacturers of emergency
engines that are greater than 25 HP and
less than 130 HP who meet the Phase 1
standards in 40 CFR 90.103, applicable
to class II engines, must certify their
stationary SI ICE using the certification
procedures required in 40 CFR part 90,
subpart B, and must test their engines as
specified in that part.
§ 60.4241 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion engines
participating in the voluntary certification
program?
(a) Manufacturers of stationary SI
internal combustion engines with a
maximum engine power greater than 19
KW (25 HP) that do not use gasoline and
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are not rich burn engines that use LPG
can choose to certify their engines to the
emission standards in § 60.4231(d) or
(e), as applicable, under the voluntary
certification program described in this
subpart. Manufacturers who certify their
engines under the voluntary
certification program must meet the
requirements as specified in paragraphs
(b) through (g) of this section. In
addition, manufacturers of stationary SI
internal combustion engines who
choose to certify their engines under the
voluntary certification program, must
also meet the requirements as specified
in § 60.4247.
(b) Manufacturers of engines other
than those certified to standards in 40
CFR part 90 must certify their stationary
SI ICE using the certification procedures
required in 40 CFR part 1048, subpart C,
and must follow the same test
procedures that apply to large SI
nonroad engines under 40 CFR part
1048, but must use the D–1 cycle of
International Organization of
Standardization 8178–4: 1996(E)
(incorporated by reference, see 40 CFR
60.17) or the test cycle requirements
specified in Table 5 to 40 CFR 1048.505,
except that Table 5 of 40 CFR 1048.505
applies to high load engines only.
Stationary SI internal combustion
engine manufacturers who certify their
stationary SI ICE with a maximum
engine power less than or equal to 30
KW (40 HP) with a total displacement
less than or equal to 1,000 cc to the
certification emission standards and
other requirements for new nonroad SI
engines in 40 CFR part 90, and
manufacturers of emergency engines
that are greater than 25 HP and less than
130 HP who meet the Phase 1 standards
in 40 CFR 90.103, applicable to class II
engines, must certify their stationary SI
ICE using the certification procedures
required in 40 CFR part 90, subpart B,
and must test their engines as specified
in that part.
(c) Certification of stationary SI ICE to
the emission standards specified in
§ 60.4231(d) or (e), as applicable, is
voluntary, but manufacturers who
decide to certify are subject to all of the
requirements indicated in this subpart
with regard to the engines included in
their certification. Manufacturers must
clearly label their stationary SI engines
as certified or non-certified engines.
(d) Manufacturers of natural gas fired
stationary SI ICE who conduct voluntary
certification of stationary SI ICE to the
emission standards specified in
§ 60.4231(d) or (e), as applicable, must
certify their engines for operation using
fuel that meets the definition of
pipeline-quality natural gas. The fuel
used for certifying stationary SI natural
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gas engines must meet the definition of
pipeline-quality natural gas as described
in § 60.4248. In addition, the
manufacturer must provide information
to the owner and operator of the
certified stationary SI engine including
the specifications of the pipeline-quality
natural gas to which the engine is
certified and what adjustments the
owner or operator must make to the
engine when installed in the field to
ensure compliance with the emission
standards.
(e) Manufacturers of stationary SI ICE
that are lean burn engines fueled by LPG
who conduct voluntary certification of
stationary SI ICE to the emission
standards specified in § 60.4231(d) or
(e), as applicable, must certify their
engines for operation using fuel that
meets the specifications in 40 CFR
1065.720.
(f) Manufacturers may certify their
engines for operation using gaseous
fuels in addition to pipeline-quality
natural gas; however, the manufacturer
must specify the properties of that fuel
and provide testing information
showing that the engine will meet the
emission standards specified in
§ 60.4231(d) or (e), as applicable, when
operating on that fuel. The manufacturer
must also provide instructions for
configuring the stationary engine to
meet the emission standards on fuels
that do not meet the pipeline-quality
natural gas definition. The manufacturer
must also provide information to the
owner and operator of the certified
stationary SI engine regarding the
configuration that is most conducive to
reduced emissions where the engine
will be operated on gaseous fuels with
different quality than the fuel that it was
certified to.
(g) A stationary SI engine
manufacturer may certify an engine
family solely to the standards applicable
to landfill/digester gas engines as
specified in § 60.4231(d) or (e), as
applicable, but must certify their
engines for operation using landfill/
digester gas and must add a permanent
label stating that the engine is for use
only in landfill/digester gas
applications. The label must be added
according to the labeling requirements
specified in 40 CFR 1048.135(b).
(h) For purposes of this subpart, when
calculating emissions of volatile organic
compounds, emissions of formaldehyde
should not be included.
§ 60.4242 What other requirements must I
meet if I am a manufacturer of stationary SI
internal combustion engines?
(a) Stationary SI internal combustion
engine manufacturers must meet the
provisions of 40 CFR part 90 or 40 CFR
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3595
part 1048, as applicable, as well as 40
CFR part 1068 for engines that are
certified to the emission standards in 40
CFR part 1048, except that engines
certified pursuant to the voluntary
certification procedures in § 60.4241 are
subject only to the provisions indicated
in § 60.4247 and are permitted to
provide instructions to owners and
operators allowing for deviations from
certified configurations, if such
deviations are consistent with the
provisions of paragraphs § 60.4241(c)
through (f). Labels on engines certified
to 40 CFR part 1048 must refer to
stationary engines, rather than or in
addition to nonroad engines, as
appropriate.
(b) An engine manufacturer certifying
an engine family or families to
standards under this subpart that are
identical to standards applicable under
40 CFR part 90 or 40 CFR part 1048 for
that model year may certify any such
family that contains both nonroad 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.
(c) Manufacturers of engine families
certified to 40 CFR part 1048 may meet
the labeling requirements referred to in
paragraph (a) of this section for
stationary SI ICE by either adding a
separate label containing the
information required in paragraph (a) of
this section or by adding the words
‘‘and stationary’’ after the word
‘‘nonroad’’ to the label.
(d) For all engines manufactured on or
after January 1, 2011, and for all engines
with a maximum engine power greater
than 25 HP and less than 130 HP
manufactured on or after July 1, 2008,
a stationary SI engine manufacturer that
certifies an engine family solely to the
standards applicable to emergency
engines must add a permanent label
stating that the engines in that family
are for emergency use only. The label
must be added according to the labeling
requirements specified in 40 CFR
1048.135(b).
(e) All stationary SI engines subject to
mandatory certification that do not meet
the requirements of this subpart must be
labeled according to 40 CFR 1068.230
and must be exported under the
provisions of 40 CFR 1068.230.
Stationary SI engines subject to
standards in 40 CFR part 90 may use the
provisions in 40 CFR 90.909.
Manufacturers of stationary engines
with a maximum engine power greater
than 25 HP that are not certified to
standards and other requirements under
40 CFR part 1048 are subject to the
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labeling provisions of 40 CFR 1048.20
pertaining to excluded stationary
engines.
Compliance Requirements for Owners
and Operators
rwilkins on PROD1PC63 with NOTICES
§ 60.4243 What are my compliance
requirements if I am an owner or operator
of a stationary SI internal combustion
engine?
(a) If you are an owner or operator of
a stationary SI internal combustion
engine that is manufactured after July 1,
2008, and must comply with the
emission standards specified in
§ 60.4233(a) through (c), you must
comply by purchasing an engine
certified to the emission standards in
§ 60.4231(a) through (c), as applicable,
for the same engine class and maximum
engine power. You must also meet the
requirements as specified in 40 CFR part
1068, subparts A through D, as they
apply to you. If you adjust engine
settings according to and consistent
with the manufacturer’s instructions,
your stationary SI internal combustion
engine will not be considered out of
compliance. In addition, you must meet
one of the requirements specified in
(a)(1) and (2) of this section.
(1) If you operate and maintain the
certified stationary SI internal
combustion engine and control device
according to the manufacturer’s
emission-related written instructions,
you must keep records of conducted
maintenance to demonstrate
compliance, but no performance testing
is required if you are an owner or
operator.
(2) If you do not operate and maintain
the certified stationary SI internal
combustion engine and control device
according to the manufacturer’s
emission-related written instructions,
your engine will be considered a noncertified engine, and you must
demonstrate compliance according to
(a)(2)(i) through (iii) of this section, as
appropriate.
(i) If you are an owner or operator of
a stationary SI internal combustion
engine less than 100 HP, you must keep
a maintenance plan and records of
conducted maintenance to demonstrate
compliance and must, to the extent
practicable, maintain and operate the
engine in a manner consistent with good
air pollution control practice for
minimizing emissions, but no
performance testing is required if you
are an owner or operator.
(ii) If you are an owner or operator of
a stationary SI internal combustion
engine greater than or equal to 100 HP
and less than or equal to 500 HP, you
must keep a maintenance plan and
records of conducted maintenance and
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must, to the extent practicable, maintain
and operate the engine in a manner
consistent with good air pollution
control practice for minimizing
emissions. In addition, you must
conduct an initial performance test
within 1 year of engine startup to
demonstrate compliance.
(iii) If you are an owner or operator
of a stationary SI internal combustion
engine greater than 500 HP, you must
keep a maintenance plan and records of
conducted maintenance and must, to
the extent practicable, maintain and
operate the engine in a manner
consistent with good air pollution
control practice for minimizing
emissions. In addition, you must
conduct an initial performance test
within 1 year of engine startup and
conduct subsequent performance testing
every 8,760 hours or 3 years, whichever
comes first, thereafter to demonstrate
compliance.
(b) If you are an owner or operator of
a stationary SI internal combustion
engine and must comply with the
emission standards specified in
§ 60.4233(d) or (e), you must
demonstrate compliance according to
one of the methods specified in
paragraphs (b)(1) and (2) of this section.
(1) Purchasing an engine certified
according to procedures specified in
this subpart, for the same model year
and demonstrating compliance
according to one of the methods
specified in paragraph (a) of this
section.
(2) Purchasing a non-certified engine
and demonstrating compliance with the
emission standards specified in
§ 60.4233(d) or (e) and according to the
requirements specified in § 60.4244, as
applicable, and according to paragraphs
(b)(2)(i) and (ii) of this section.
(i) If you are an owner or operator of
a stationary SI internal combustion
engine greater than 25 HP and less than
or equal to 500 HP, you must keep a
maintenance plan and records of
conducted maintenance and must, to
the extent practicable, maintain and
operate the engine in a manner
consistent with good air pollution
control practice for minimizing
emissions. In addition, you must
conduct an initial performance test to
demonstrate compliance.
(ii) If you are an owner or operator of
a stationary SI internal combustion
engine greater than 500 HP, you must
keep a maintenance plan and records of
conducted maintenance and must, to
the extent practicable, maintain and
operate the engine in a manner
consistent with good air pollution
control practice for minimizing
emissions. In addition, you must
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conduct an initial performance test and
conduct subsequent performance testing
every 8,760 hours or 3 years, whichever
comes first, thereafter to demonstrate
compliance.
(c) If you are an owner or operator of
a stationary SI internal combustion
engine that must comply with the
emission standards specified in
§ 60.4233(f), you must demonstrate
compliance according paragraph
(b)(2)(i) or (ii) of this section, except that
if you comply according to paragraph
(b)(2)(i) of this section, you demonstrate
that your non-certified engine complies
with the emission standards specified in
§ 60.4233(f).
(d) Emergency stationary ICE may be
operated for the purpose of maintenance
checks and readiness testing, provided
that the tests are recommended by
Federal, State or local government, the
manufacturer, the vendor, or the
insurance company associated with the
engine. Maintenance checks and
readiness testing of such units is limited
to 100 hours per year. There is no time
limit on the use of emergency stationary
ICE in emergency situations. The owner
or operator may petition the
Administrator for approval of additional
hours to be used for maintenance checks
and readiness testing, but a petition is
not required if the owner or operator
maintains records indicating that
Federal, State, or local standards require
maintenance and testing of emergency
ICE beyond 100 hours per year.
Emergency stationary ICE may operate
up to 50 hours per year in nonemergency situations, but those 50
hours are counted towards the 100
hours per year provided for
maintenance and testing. The 50 hours
per year for non-emergency situations
cannot be used for peak shaving or to
generate income for a facility to supply
power to an electric grid or otherwise
supply power as part of a financial
arrangement with another entity. For
owners and operators of emergency
engines, any operation other than
emergency operation, maintenance and
testing, and operation in non-emergency
situations for 50 hours per year, as
permitted in this section, is prohibited.
(e) Owners and operators of stationary
SI natural gas fired engines may operate
their engines using propane for a
maximum of 100 hours per year as an
alternative fuel solely during emergency
operations, but must keep records of
such use. If propane is used for more
than 100 hours per year in an engine
that is not certified to the emission
standards when using propane, the
owners and operators are required to
conduct a performance test to
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manufactured after July 1, 2007 and
before July 1, 2008, and must comply
with the emission standards specified in
sections 60.4233(b) or (c), you must
comply by one of the methods specified
in paragraphs (h)(1) through (h)(4) of
this section.
(1) Purchasing an engine certified
according to 40 CFR part 1048. 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.
Testing Requirements for Owners and
Operators
§ 60.4244 What test methods and other
procedures must I use if I am an owner or
operator of a stationary SI internal
combustion engine?
Owners and operators of stationary SI
ICE who conduct performance tests
Q = Stack gas volumetric flow rate, in
standard cubic meter per hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine,
horsepower-hour (HP-hr).
ER =
rwilkins on PROD1PC63 with NOTICES
Where:
ER = Emission rate of CO in g/HP-hr.
Cd = Measured CO concentration in ppmv.
1.164×10¥3 = Conversion constant for ppm
CO to grams per standard cubic meter at
20 degrees Celsius.
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Cd × 1.164 × 10−3 × Q × T
HP − hr
(f) For purposes of this subpart, when
calculating emissions of VOC, emissions
Cd × 1.833 × 10−3 × Q × T
HP − hr
Frm 00031
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of formaldehyde should not be
included. To determine compliance
with the VOC mass per unit output
emission limitation, convert the
concentration of VOC in the engine
exhaust using Equation 3 of this section:
(Eq. 3)
Cd = VOC concentration measured as propane
in ppmv.
PO 00000
(e) To determine compliance with the
CO mass per unit output emission
limitation, convert the concentration of
CO in the engine exhaust using
Equation 2 of this section:
(Eq. 2)
Q = Stack gas volumetric flow rate, in
standard cubic meters per hour, dry
basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.
ER =
Where:
ER = Emission rate of VOC in g/HP-hr.
(Eq. 1)
1.833×10¥3 = Conversion constant for ppm
VOC measured as propane, to grams per
E:\FR\FM\18JAR2.SGM
18JAR2
ER18JA08.002
Where:
ER = Emission rate of NOX in g/HP-hr.
Cd = Measured NOX concentration in parts
per million by volume (ppmv).
1.912×10¥3 = Conversion constant for ppm
NOX to grams per standard cubic meter
at 20 degrees Celsius.
Cd × 1.912 × 10−3 × Q × T
HP − hr
ER18JA08.001
ER =
must follow the procedures in
paragraphs (a) through (f) of this section.
(a) Each performance test must be
conducted within 10 percent of 100
percent peak (or the highest achievable)
load and according to the requirements
in § 60.8 and under the specific
conditions that are specified by Table 2
to this subpart.
(b) You may not conduct performance
tests during periods of startup,
shutdown, or malfunction, as specified
in § 60.8(c). If your stationary SI internal
combustion engine is non-operational,
you do not need to startup the engine
solely to conduct a performance test;
however, you must conduct the
performance test immediately upon
startup of the engine.
(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 be
conducted within 10 percent of 100
percent peak (or the highest achievable)
load and last at least 1 hour.
(d) To determine compliance with the
NOX mass per unit output emission
limitation, convert the concentration of
NOX in the engine exhaust using
Equation 1 of this section:
ER18JA08.000
demonstrate compliance with the
emission standards of § 60.4233.
(f) If you are an owner or operator of
a stationary SI internal combustion
engine that is less than or equal to 500
HP and you purchase a non-certified
engine or you do not operate and
maintain your certified stationary SI
internal combustion engine and control
device according to the manufacturer’s
written emission-related instructions,
you are required to perform initial
performance testing as indicated in this
section, but you are not required to
conduct subsequent performance testing
unless the stationary engine is rebuilt or
undergoes major repair or maintenance.
A rebuilt stationary SI ICE means an
engine that has been rebuilt as that term
is defined in 40 CFR 94.11(a).
(g) It is expected that air-to-fuel ratio
controllers will be used with the
operation of three-way catalysts/nonselective catalytic reduction. The AFR
controller must be maintained and
operated appropriately in order to
ensure proper operation of the engine
and control device to minimize
emissions at all times.
(h) If you are an owner/operator of an
stationary SI internal combustion engine
with maximum engine power greater
than or equal to 500 HP that is
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Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
C Mi
CAi
(Eq. 4)
Where:
RFi = Response factor of compound i when
measured with EPA Method 25A.
CMi = Measured concentration of compound
i in ppmv as carbon.
CAi = True concentration of compound i in
ppmv as carbon.
C icorr = RFi × Cimeas
(Eq. 5)
Where:
Ci corr = Concentration of compound i
corrected to the value that would have
been measured by EPA Method 25A,
ppmv as carbon.
Ci meas = Concentration of compound i
measured by EPA Method 320, ppmv as
carbon.
CPeq = 0.6098 × Cicorr
(Eq. 6)
Where:
CPeq = Concentration of compound i in mg of
propane equivalent per DSCM.
Notification, Reports, and Records for
Owners and Operators
rwilkins on PROD1PC63 with NOTICES
§ 60.4245 What are my notification,
reporting, and recordkeeping requirements
if I am an owner or operator of a stationary
SI internal combustion engine?
Owners or operators of stationary SI
ICE must meet the following
notification, reporting and
recordkeeping requirements.
(a) Owners and operators of all
stationary SI ICE must keep records of
the information in paragraphs (a)(1)
through (4) of this section.
(1) All notifications submitted to
comply with this subpart and all
documentation supporting any
notification.
(2) Maintenance conducted on the
engine.
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§ 60.4246 What parts of the General
Provisions apply to me?
Table 3 to this subpart shows which
parts of the General Provisions in
§§ 60.1 through 60.19 apply to you.
Mobile Source Provisions
§ 60.4247 What parts of the mobile source
provisions apply to me if I am a
manufacturer of stationary SI internal
combustion engines?
(a) Manufacturers certifying to
emission standards in 40 CFR part 90,
including manufacturers certifying
emergency engines below 130 HP, must
meet the provisions of 40 CFR part 90.
(b) Manufacturers certifying to
emission standards in 40 CFR part 1048
must meet the provisions of 40 CFR part
1048. Manufacturers of stationary SI
internal combustion engines that are
less than 100 HP participating in the
voluntary certification program must
meet the requirements in Table 4 to this
subpart.
(c) For manufacturers of stationary SI
internal combustion engines
participating in the voluntary
certification program and certifying
engines to Table 1 to this subpart, Table
4 to this subpart shows which parts of
the mobile source provisions in 40 CFR
parts 1048, 1065, and 1068 apply to you.
Compliance with the deterioration
factor provisions under 40 CFR
1048.205(n) and 1048.240 will be
required for engines built new on and
after January 1, 2010. Prior to January 1,
2010, manufacturers of stationary
internal combustion engines
participating in the voluntary
certification program have the option to
develop their own deterioration factors
based on an engineering analysis.
Definitions
§ 60.4248
subpart?
What definitions apply to this
As used in this subpart, all terms not
defined herein shall have the meaning
given them in the CAA and in subpart
A of this part.
Certified emissions 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 certified emissions life
for stationary SI ICE with a maximum
engine power less than or equal to 19
KW (25 HP) are given in 40 CFR 90.105.
The values for certified emissions life
for stationary SI ICE with a maximum
engine power greater than 19 KW (25
HP) certified to 40 CFR part 1048 are
E:\FR\FM\18JAR2.SGM
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ER18JA08.005
RFi =
General Provisions
ER18JA08.004
(g) If the owner/operator chooses to
measure VOC emissions using either
Method 18 of 40 CFR part 60, appendix
A, or Method 320 of 40 CFR part 63,
appendix A, then it has the option of
correcting the measured VOC emissions
to account for the potential differences
in measured values between these
methods and Method 25A. The results
from Method 18 and Method 320 can be
corrected for response factor differences
using Equations 4 and 5 of this section.
The corrected VOC concentration can
then be placed on a propane basis using
Equation 6 of this section.
(3) If the stationary SI internal
combustion engine is a certified engine,
documentation from the manufacturer
that the engine is certified to meet the
emission standards and information as
required in 40 CFR parts 90 and 1048.
(4) If the stationary SI internal
combustion engine is not a certified
engine or is a certified engine operating
in a non-certified manner and subject to
§ 60.4243(a)(2), documentation that the
engine meets the emission standards.
(b) For all stationary SI emergency ICE
greater than or equal to 500 HP
manufactured on or after July 1, 2010,
that do not meet the standards
applicable to non-emergency engines,
the owner or operator of must keep
records of the hours of operation of the
engine that is recorded through the nonresettable hour meter. For all stationary
SI emergency ICE greater than or equal
to 130 HP and less than 500 HP
manufactured on or after July 1, 2011
that do not meet the standards
applicable to non-emergency engines,
the owner or operator of must keep
records of the hours of operation of the
engine that is recorded through the nonresettable hour meter. For all stationary
SI emergency ICE greater than 25 HP
and less than 130 HP manufactured on
or after July 1, 2008, that do not meet
the standards applicable to nonemergency engines, the owner or
operator of must keep records of the
hours of operation of the engine that is
recorded through the non-resettable
hour meter. The owner or operator must
document how many hours are spent for
emergency operation, including what
classified the operation as emergency
and how many hours are spent for nonemergency operation.
(c) Owners and operators of stationary
SI ICE greater than or equal to 500 HP
that have not been certified by an engine
manufacturer to meet the emission
standards in § 60.4231 must submit an
initial notification as required in
§ 60.7(a)(1). The notification must
include the information in paragraphs
(c)(1) through (5) of this section.
(1) Name and address of the owner or
operator;
(2) The address of the affected source;
(3) Engine information including
make, model, engine family, serial
number, model year, maximum engine
power, and engine displacement;
(4) Emission control equipment; and
(5) Fuel used.
(d) Owners and operators of stationary
SI ICE that are subject to performance
testing must submit a copy of each
performance test as conducted in
§ 60.4244 within 60 days after the test
has been completed.
ER18JA08.003
standard cubic meter at 20 degrees
Celsius.
Q = Stack gas volumetric flow rate, in
standard cubic meters per hour, dry
basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.
rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
given in 40 CFR 1048.101(g). The
certified emissions life for stationary SI
ICE with a maximum engine power
greater than or equal to 75 KW (100 HP)
certified under the voluntary
manufacturer certification program of
this subpart is 5,000 hours or 7 years,
whichever comes first.
Certified stationary internal
combustion engine means an engine that
belongs to an engine family that has a
certificate of conformity that complies
with the emission standards and
requirements in this part, or of 40 CFR
part 90 or 40 CFR part 1048, as
appropriate.
Combustion turbine means all
equipment, including but not limited to
the turbine, the fuel, air, lubrication and
exhaust gas systems, control systems
(except emissions control equipment),
and any ancillary components and subcomponents comprising any simple
cycle combustion turbine, any
regenerative/recuperative cycle
combustion turbine, the combustion
turbine portion of any cogeneration
cycle combustion system, or the
combustion turbine portion of any
combined cycle steam/electric
generating system.
Compression ignition means relating
to a type of stationary internal
combustion engine that is not a spark
ignition engine.
Diesel fuel means any liquid obtained
from the distillation of petroleum with
a boiling point of approximately 150 to
360 degrees Celsius. One commonly
used form is number 2 distillate oil.
Digester gas means any gaseous byproduct of wastewater treatment
typically formed through the anaerobic
decomposition of organic waste
materials and composed principally of
methane and carbon dioxide (CO2).
Emergency stationary internal
combustion engine means any stationary
internal combustion engine whose
operation is limited to emergency
situations and required testing and
maintenance. Examples include
stationary ICE used to produce power
for critical networks or equipment
(including power supplied to portions
of a facility) when electric power from
the local utility (or the normal power
source, if the facility runs on its own
power production) is interrupted, or
stationary ICE used to pump water in
the case of fire or flood, etc. Stationary
SI ICE used for peak shaving are not
considered emergency stationary ICE.
Stationary ICE used to supply power to
an electric grid or that supply power as
part of a financial arrangement with
another entity are not considered to be
emergency engines.
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Engine manufacturer means the
manufacturer of the engine. See the
definition of ‘‘manufacturer’’ in this
section.
Four-stroke engine means any type of
engine which completes the power
cycle in two crankshaft revolutions,
with intake and compression strokes in
the first revolution and power and
exhaust strokes in the second
revolution.
Gasoline means any fuel sold in any
State for use in motor vehicles and
motor vehicle engines, or nonroad or
stationary engines, and commonly or
commercially known or sold as
gasoline.
Landfill gas means a gaseous byproduct of the land application of
municipal refuse typically formed
through the anaerobic decomposition of
waste materials and composed
principally of methane and CO2.
Lean burn engine means any twostroke or four-stroke spark ignited
engine that does not meet the definition
of a rich burn engine.
Liquefied petroleum gas means any
liquefied hydrocarbon gas obtained as a
by-product in petroleum refining of
natural gas production.
Manufacturer has the meaning given
in section 216(1) of the Clean Air Act.
In general, this term includes any
person who manufactures a stationary
engine for sale in the United States or
otherwise introduces a new stationary
engine into commerce in the United
States. This includes importers who
import stationary engines for resale.
Maximum engine power means
maximum engine power as defined in
40 CFR 1048.801.
Model year means either: The
calendar year in which the engine was
originally produced, or the annual new
model production period of the engine
manufacturer if it is different than the
calendar year. This must include
January 1 of the calendar year for which
the model year is named. It may not
begin before January 2 of the previous
calendar year, and it must end by
December 31 of the named calendar
year. For an engine that is converted to
a stationary engine after being placed
into service as a nonroad or other nonstationary engine, model year means the
calendar year or new model production
period in which the engine was
originally produced.
Natural gas means a naturally
occurring mixture of hydrocarbon and
non-hydrocarbon gases found in
geologic formations beneath the Earth’s
surface, of which the principal
constituent is methane. Natural gas may
be field or pipeline quality.
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3599
Other internal combustion engine
means any internal combustion engine,
except combustion turbines, which is
not a reciprocating internal combustion
engine or rotary internal combustion
engine.
Pipeline-quality natural gas means a
naturally occurring fluid mixture of
hydrocarbons (e.g., methane, ethane, or
propane) produced in geological
formations beneath the Earth’s surface
that maintains a gaseous state at
standard atmospheric temperature and
pressure under ordinary conditions, and
which is provided by a supplier through
a pipeline. Pipeline-quality natural gas
must either be composed of at least 70
percent methane by volume or have a
gross calorific value between 950 and
1,100 British thermal units per standard
cubic foot.
Rich burn engine means any fourstroke spark ignited engine where the
manufacturer’s recommended operating
air/fuel ratio divided by the
stoichiometric air/fuel ratio at full load
conditions is less than or equal to 1.1.
Engines originally manufactured as rich
burn engines, but modified prior to June
12, 2006, with passive emission control
technology for NOX (such as precombustion chambers) will be
considered lean burn engines. Also,
existing engines where there are no
manufacturer’s recommendations
regarding air/fuel ratio will be
considered a rich burn engine if the
excess oxygen content of the exhaust at
full load conditions is less than or equal
to 2 percent.
Rotary internal combustion engine
means any internal combustion engine
which uses rotary motion to convert
heat energy into mechanical work.
Spark ignition means relating to
either: a gasoline-fueled engine; or any
other type of engine with a spark plug
(or other sparking device) and with
operating characteristics significantly
similar to the theoretical Otto
combustion cycle. Spark ignition
engines usually use a throttle to regulate
intake air flow to control power during
normal operation. Dual-fuel engines in
which a liquid fuel (typically diesel
fuel) is used for compression ignition
and gaseous fuel (typically natural gas)
is used as the primary fuel at an annual
average ratio of less than 2 parts diesel
fuel to 100 parts total fuel on an energy
equivalent basis are 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
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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.
Stationary internal combustion engine
test cell/stand means an engine test cell/
stand, as defined in subpart PPPPP of
this part, that test stationary ICE.
Stoichiometric means the theoretical
air-to-fuel ratio required for complete
combustion.
Subpart means 40 CFR part 60,
subpart JJJJ.
Two-stroke engine means a type of
engine which completes the power
cycle in single crankshaft revolution by
combining the intake and compression
operations into one stroke and the
power and exhaust operations into a
second stroke. This system requires
auxiliary scavenging and inherently
runs lean of stoichiometric.
Volatile organic compounds means
volatile organic compounds as defined
in 40 CFR 51.100(s).
Voluntary certification program
means an optional engine certification
program that manufacturers of
stationary SI internal combustion
engines with a maximum engine power
greater than 19 KW (25 HP) that do not
use gasoline and are not rich burn
engines that use LPG can choose to
participate in to certify their engines to
the emission standards in § 60.4231(d)
or (e), as applicable.
Tables to Subpart JJJJ of Part 60
TABLE 1 TO SUBPART JJJJ OF PART 60.—NOX, CO, AND VOC EMISSION STANDARDS FOR STATIONARY NON-EMERGENCY SI ENGINES ≥100 HP (EXCEPT GASOLINE AND RICH BURN LPG), STATIONARY SI LANDFILL/DIGESTER GAS
ENGINES, AND STATIONARY EMERGENCY ENGINES >25 HP
Emission standards a
Engine type and fuel
Manufacture
date
Maximum engine power
g/HP-hr
NOX
Non-Emergency SI Natural Gasb and
Non-Emergency SI Lean Burn
LPGb.
Non-Emergency SI Lean Burn Natural
Gas and LPG.
Non-Emergency SI Natural Gas and
Non-Emergency SI Lean Burn LPG
(except lean burn 500=≥HP<1,350).
Landfill/Digester Gas (except lean
burn 500≥HP<1,350).
CO
ppmvd at 15% O2
VOCd
NOX
CO
VOC d
100≤HP<500 .......................................
7/1/2008
1/1/2011
2.0
1.0
4.0
2.0
1.0
0.7
160
82
540
270
86
60
500≥HP<1,350 ....................................
1/1/2008
7/1/2010
7/1/2007
7/1/2010
2.0
1.0
2.0
1.0
4.0
2.0
4.0
2.0
1.0
0.7
1.0
0.7
160
82
160
82
540
270
540
270
86
60
86
60
7/1/2008
1/1/2011
7/1/2007
7/1/2010
1/1/2008
7/1/2010
3.0
2.0
3.0
2.0
3.0
2.0
5.0
5.0
5.0
5.0
5.0
5.0
1.0
1.0
1.0
1.0
1.0
1.0
220
150
220
150
220
150
610
610
610
610
610
610
80
80
80
80
80
80
1/1/2009
c 10
387
4.0
N/A
1.0
N/A
160
N/A
540
N/A
86
HP≥500 ...............................................
HP≥500 ...............................................
HP<500 ...............................................
HP≥500 ...............................................
Landfill/Digester Gas Lean Burn ........
500≥HP<1,350 ....................................
Emergency ..........................................
25>HP<130 ........................................
2.0
HP≥130 ...............................................
a Owners
and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either g/HP-hr or
ppmvd at 15 percent O2.
b Owners and operators of new or reconstructed non-emergency lean burn SI stationary engines with a site rating of greater than or equal to
250 brake HP located at a major source that are meeting the requirements of 40 CFR part 63, subpart ZZZZ, Table 2A do not have to comply
with the CO emission standards of Table 1 of this subpart.
c The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NO +HC.
X
d For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of formaldehyde should not be included.
TABLE 2 TO SUBPART JJJJ OF PART 60.—REQUIREMENTS FOR PERFORMANCE TESTS
[As stated in § 60.4244, you must comply with the following requirements for performance tests within 10 percent of 100 percent peak (or the
highest achievable) load]
Complying with the
requirement to
You must
Using
According to the following
requirements
1. Stationary SI internal
combustion engine demonstrating compliance according to § 60.4244.
rwilkins on PROD1PC63 with NOTICES
For each
a. limit the concentration
of NOX in the stationary
SI internal combustion
engine exhaust.
i. Select the sampling port
location and the number
of traverse points;
(1) Method 1 or 1A of 40
CFR part 60, Appendix
A or ASTM Method
D6522–00(2005)a.
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location;
iii. Determine the exhaust
flowrate of the stationary
internal combustion engine exhaust;
(2) Method 3, 3A, or 3B b
of 40 CFR part 60, appendix A or ASTM
Method D6522–
00(2005) a.
(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 must be made at
the same time as the
measurements for NOX
concentration.
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(3) Method 2 or 19 of 40
CFR part 60.
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3601
TABLE 2 TO SUBPART JJJJ OF PART 60.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued
[As stated in § 60.4244, you must comply with the following requirements for performance tests within 10 percent of 100 percent peak (or the
highest achievable) load]
For each
Complying with the
requirement to
You must
Using
iv. If necessary, measure
moisture content of the
stationary internal combustion engine exhaust
at the sampling port location; and
(4) Method 4 of 40 CFR
part 60, appendix A,
Method 320 of 40 CFR
part 63, appendix A, or
ASTM D6348–03 (incorporated by reference,
see § 60.17).
(5) Method 7E of 40 CFR
part 60, appendix A,
Method D6522–
00(2005) a, Method 320
of 40 CFR part 63, appendix A, or ASTM
D6348–03 (incorporated
by reference, see
§ 60.17).
(1) Method 1 or 1A of 40
CFR part 60, Appendix
A.
v. Measure NOX at the exhaust of the stationary
internal combustion engine.
b. limit the concentration
of CO in the stationary
SI internal combustion
engine exhaust.
i. Select the sampling port
location and the number
of traverse points;
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location;
iii. Determine the exhaust
flowrate of the stationary
internal combustion engine exhaust;
iv. If necessary, measure
moisture content of the
stationary internal combustion engine exhaust
at the sampling port location; and
v. Measure CO at the exhaust of the stationary
internal combustion engine.
rwilkins on PROD1PC63 with NOTICES
c. limit the concentration
of VOC in the stationary
SI internal combustion
engine exhaust.
i. Select the sampling port
location and the number
of traverse points;
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location;
iii. Determine the exhaust
flowrate of the stationary
internal combustion engine exhaust;
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(2) Method 3, 3A, or 3Bb
of 40 CFR part 60, appendix A or ASTM
Method D6522–
00(2005) a.
According to the following
requirements
(c) Measurements to determine moisture must
be made at the same
time as the measurement for NOX concentration.
(d) 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 must be made at
the same time as the
measurements for CO
concentration.
(3) Method 2 or 19 of 40
CFR part 60.
(4) Method 4 of 40 CFR
part 60, appendix A,
Method 320 of 40 CFR
part 63, appendix A, or
ASTM D6348–03 (incorporated by reference,
see § 60.17).
(5) Method 10 of 40 CFR
part 60, appendix A,
ASTM Method D6522–
00(2005) a, Method 320
of 40 CFR part 63, appendix A, or ASTM D
6348–03 (incorporated
by reference, see
§ 60.17).
(1) Method 1 or 1A of 40
CFR part 60, Appendix
A.
(2) Method 3, 3A, or 3B b
of 40 CFR part 60, appendix A or ASTM
Method D6522–
00(2005) a.
(3) Method 2 or 19 of 40
CFR part 60.
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(c) Measurements to determine moisture must
be made at the same
time as the measurement for CO concentration.
(d) 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 must be made at
the same time as the
measurements for VOC
concentration.
3602
Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
TABLE 2 TO SUBPART JJJJ OF PART 60.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued
[As stated in § 60.4244, you must comply with the following requirements for performance tests within 10 percent of 100 percent peak (or the
highest achievable) load]
Complying with the
requirement to
For each
According to the following
requirements
You must
Using
iv. If necessary, measure
moisture content of the
stationary internal combustion engine exhaust
at the sampling port location; and
(4) Method 4 of 40 CFR
part 60, appendix A,
Method 320 of 40 CFR
part 63, appendix A, or
ASTM D6348–03 (incorporated by reference,
see § 60.17).
(5) Methods 25A and 18
of 40 CFR part 60, appendix A, Method 25A
with the use of a methane cutter as described
in 40 CFR 1065.265,
Method 18 or 40 CFR
part 60, appendix A,c d
Method 320 of 40 CFR
part 63, appendix A, or
ASTM D6348–03 (incorporated by reference,
see § 60.17).
v. Measure VOC at the
exhaust of the stationary
internal combustion engine.
(c) Measurements to determine moisture must
be made at the same
time as the measurement for VOC concentration.
(d) Results of this test
consist of the average
of the three 1-hour or
longer runs.
a ASTM D6522–00 is incorporated by reference; see 40 CFR 60.17. Also, you may petition the Administrator for approval to use alternative
methods for portable analyzer.
b You may use ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses, for measuring the O content of the exhaust gas as an alternative to
2
EPA Method 3B.
c You may use EPA Method 18 of 40 CFR part 60, appendix A, provided that you conduct an adequate presurvey test prior to the emissions
test, such as the one described in OTM 11 on EPA’s Web site (https://www.epa.gov/ttn/emc/prelim/otm11.pdf ).
d You may use ASTM D6420–99 (2004), Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography/Mass Spectrometry as an alternative to EPA Method 18 for measuring total nonmethane organic.
TABLE 3 TO SUBPART JJJJ OF PART 60.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJJ
[As stated in § 60.4246, you must comply with the following applicable General Provisions]
General provisions citation
Subject of citation
§ 60.1 .............................................
General applicability of the General Provisions.
Definitions .....................................
Yes.
Yes.
Yes.
Yes.
§ 60.6 .............................................
§ 60.7 .............................................
Units and abbreviations ................
Address .........................................
Determination of construction or
modification.
Review of plans ............................
Notification and Recordkeeping ...
§ 60.8 .............................................
Performance tests ........................
Yes ................................................
§ 60.9 .............................................
§ 60.10 ...........................................
§ 60.11 ...........................................
Availability of information ..............
State Authority ..............................
Compliance with standards and
maintenance requirements.
Circumvention ...............................
Monitoring requirements ...............
Modification ...................................
Reconstruction ..............................
Priority list .....................................
Incorporations by reference ..........
General control device requirements.
General notification and reporting
requirements.
Yes.
Yes.
Yes ................................................
§ 60.2 .............................................
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§ 60.3 .............................................
§ 60.4 .............................................
§ 60.5 .............................................
§ 60.12
§ 60.13
§ 60.14
§ 60.15
§ 60.16
§ 60.17
§ 60.18
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
§ 60.19 ...........................................
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Frm 00036
Applies to subpart
Fmt 4701
Explanation
Yes ................................................
Yes.
Yes ................................................
Additional terms
§ 60.4248.
Requirements are
subpart JJJJ.
Yes.
E:\FR\FM\18JAR2.SGM
in
Except that § 60.7 only applies as
specified in § 60.4245.
Except that § 60.8 only applies to
owners and operators who are
subject to performance testing
in subpart JJJJ.
Yes.
No.
Yes.
Yes.
Yes.
Yes.
No.
Sfmt 4700
defined
18JAR2
specified
in
Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
3603
TABLE 4 TO SUBPART JJJJ OF PART 60.—APPLICABILITY OF MOBILE SOURCE PROVISIONS FOR MANUFACTURERS PARTICIPATING IN THE VOLUNTARY CERTIFICATION PROGRAM AND CERTIFYING STATIONARY SI ICE TO EMISSION STANDARDS IN TABLE 1 OF SUBPART JJJJ
[As stated in § 60.4247, you must comply with the following applicable mobile source provisions if you are a manufacturer participating in the
voluntary certification program and certifying stationary SI ICE to emission standards in Table 1 of Subpart JJJJ]
Mobile source provisions citation
Subject of citation
Applies to subpart
1048 Subpart A ..............................
1048 Subpart B ..............................
Overview and Applicability ...........
Emission Standards and Related
Requirements.
Exhaust Emission Standards .......
Evaporative Emission Standards
Diagnosing Malfunctions ..............
Certifying Blue Sky Series Engines.
Interim Provisions .........................
Certifying Engine Families ............
Yes.
Yes ................................................
AECD reporting ............................
OBD Requirements ......................
Deterioration Factors ....................
Deterioration Factor Discussion ...
Liquid Fuels as they require .........
Deterioration Factors ....................
Testing Production-Line Engines
Testing In-Use Engines ................
Test Procedures ...........................
Raw sampling (refers reader back
to the specific emissions regulation for guidance).
Compliance Provisions .................
Reserved.
Definitions and Other Reference
Information.
.......................................................
Engine Testing Procedures ..........
Yes.
No.
Yes ................................................
Yes.
No.
Yes.
Yes.
No.
Yes.
Yes.
Test Fuel Specifications for Natural Gas.
General Compliance Provisions
for Nonroad Programs.
Hardship Provisions for Unusual
Circumstances.
Hardship Provisions for Small-Volume Manufacturers.
Hardship Provisions for Equipment Manufacturers and Secondary Engine Manufacturers.
No.
1048.101
1048.105
1048.110
1048.140
........................................
........................................
........................................
........................................
1048.145 ........................................
1048 Subpart C .............................
1048.205(b) ....................................
1048.205(c) ....................................
1048.205(n) ....................................
1048.205(p)(1) ...............................
1048.205(p)(2) ...............................
1048.240(b)(c)(d) ...........................
1048 Subpart D .............................
1048 Subpart E ..............................
1048 Subpart F ..............................
1065.5(a)(4) ...................................
1048 Subpart G .............................
1048 Subpart H .............................
1048 Subpart I ...............................
1048 Appendix I and II ..................
1065 (all subparts) .........................
1065.715 ........................................
1068 (all subparts) .........................
1068.245 ........................................
1068.250 ........................................
1068.255 ........................................
PART 63—[AMENDED]
4. The authority citation for part 63
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart A—[AMENDED]
5. Section 63.14 is amended by
revising paragraph (b)(27) and adding
paragraph (b)(64) to read as follows:
I
§ 63.14
Incorporations by reference.
rwilkins on PROD1PC63 with NOTICES
*
*
*
*
*
(b) * * *
(27) ASTM D6522–00, Standard Test
Method for Determination of Nitrogen
Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from
Natural Gas Fired Reciprocating
Engines, Combustion Turbines, Boilers,
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No.
Yes ................................................
Except as indicated in 60.4247(c).
Yes.
Yes.
Yes ................................................
Yes ................................................
Except for the specific section
below.
Except for the specific sections
below.
No.
No.
No.
6. Section 63.6580 is revised to read
as follows:
Fmt 4701
Except for the specific sections
below.
Yes.
I
Frm 00037
Except for the specific sections
below.
No.
No.
No.
No.
and Process Heaters Using Portable
Analyzers,1 IBR approved for
§ 63.9307(c)(2) and Table 5 to Subpart
DDDDD of this part.
*
*
*
*
*
(64) ASTM D6522–00 (Reapproved
2005), Standard Test Method for
Determination of Nitrogen Oxides,
Carbon Monoxide, and Oxygen
Concentrations in Emissions from
Natural Gas Fired Reciprocating
Engines, Combustion Turbines, Boilers,
and Process Heaters Using Portable
Analyzers,1 IBR approved for Table 4 to
Subpart ZZZZ of this part.
*
*
*
*
*
PO 00000
Explanation
Sfmt 4700
§ 63.6580
ZZZZ?
What is the purpose of subpart
Subpart ZZZZ establishes national
emission limitations and operating
limitations for hazardous air pollutants
(HAP) emitted from stationary
reciprocating internal combustion
engines (RICE) located at major and area
sources of HAP emissions. This subpart
also establishes requirements to
demonstrate initial and continuous
compliance with the emission
limitations and operating limitations.
I 7. Section 63.6585 is amended by:
I a. Revising the introductory text;
I b. Adding paragraph (c);
I c. Adding paragraph (d); and
I d. Adding paragraph (e).
The revision and additions read as
follows:
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18JAR2
3604
§ 63.6585
Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
Am I subject to this subpart?
You are subject to this subpart if you
own or operate a stationary RICE at a
major or area source of HAP emissions,
except if the stationary RICE is being
tested at a stationary RICE test cell/
stand.
*
*
*
*
*
(c) An area source of HAP emissions
is a source that is not a major source.
(d) If you are an owner or operator of
an area source subject to this subpart,
your status as an entity subject to a
standard or other requirements under
this subpart does not subject you to the
obligation to obtain a permit under 40
CFR part 70 or 71, provided you are not
required to obtain a permit under 40
CFR 70.3(a) or 40 CFR 71.3(a) for a
reason other than your status as an area
source under this subpart.
Notwithstanding the previous sentence,
you must continue to comply with the
provisions of this subpart as applicable.
(e) If you are an owner or operator of
a stationary RICE used for national
security purposes, you may be eligible
to request an exemption from the
requirements of this subpart as
described in 40 CFR part 1068, subpart
C.
I 8. Section 63.6590 is amended by
revising paragraphs (a) and (b), and
adding paragraph (c), to read as follows:
§ 63.6590 What parts of my plant does this
subpart cover?
rwilkins on PROD1PC63 with NOTICES
*
*
*
*
*
(a) Affected source. An affected
source is any existing, new, or
reconstructed stationary RICE located at
a major or area source of HAP
emissions, excluding stationary RICE
being tested at a stationary RICE test
cell/stand.
(1) Existing stationary RICE.
(i) For stationary RICE with a site
rating of more than 500 brake
horsepower (HP) located at a major
source of HAP emissions, a stationary
RICE is existing if you commenced
construction or reconstruction of the
stationary RICE before December 19,
2002.
(ii) For stationary RICE with a site
rating of less than or equal to 500 brake
HP located at a major source of HAP
emissions, a stationary RICE is existing
if you commenced construction or
reconstruction of the stationary RICE
before June 12, 2006.
(iii) For stationary RICE located at an
area source of HAP emissions, a
stationary RICE is existing if you
commenced construction or
reconstruction of the stationary RICE
before June 12, 2006.
(iv) A change in ownership of an
existing stationary RICE does not make
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Jkt 214001
that stationary RICE a new or
reconstructed stationary RICE.
(2) New stationary RICE. (i) A
stationary RICE with a site rating of
more than 500 brake HP located at a
major source of HAP emissions is new
if you commenced construction of the
stationary RICE on or after December 19,
2002.
(ii) A stationary RICE with a site
rating of equal to or less than 500 brake
HP located at a major source of HAP
emissions is new if you commenced
construction of the stationary RICE on
or after June 12, 2006.
(iii) A stationary RICE located at an
area source of HAP emissions is new if
you commenced construction of the
stationary RICE on or after June 12,
2006.
(3) Reconstructed stationary RICE. (i)
A stationary RICE with a site rating of
more than 500 brake HP located at a
major source of HAP emissions is
reconstructed if you meet the definition
of reconstruction in § 63.2 and
reconstruction is commenced on or after
December 19, 2002.
(ii) A stationary RICE with a site
rating of equal to or less than 500 brake
HP located at a major source of HAP
emissions is reconstructed if you meet
the definition of reconstruction in § 63.2
and reconstruction is commenced on or
after June 12, 2006.
(iii) A stationary RICE located at an
area source of HAP emissions is
reconstructed if you meet the definition
of reconstruction in § 63.2 and
reconstruction is commenced on or after
June 12, 2006.
(b) Stationary RICE subject to limited
requirements. (1) An affected source
which meets either of the criteria in
paragraph (b)(1)(i) through (ii) of this
section does not have to meet the
requirements of this subpart and of
subpart A of this part except for the
initial notification requirements of
§ 63.6645(h).
(i) The stationary RICE is a new or
reconstructed emergency stationary
RICE with a site rating of more than 500
brake HP located at a major source of
HAP emissions; or
(ii) The stationary RICE is a new or
reconstructed limited use stationary
RICE with a site rating of more than 500
brake HP located at a major source of
HAP emissions.
(2) A new or reconstructed stationary
RICE with a site rating of more than 500
brake HP located at a major source of
HAP emissions which combusts landfill
or digester gas equivalent to 10 percent
or more of the gross heat input on an
annual basis must meet the initial
notification requirements of
§ 63.6645(h) and the requirements of
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Fmt 4701
Sfmt 4700
§§ 63.6625(c), 63.6650(g), and
63.6655(c). These stationary RICE do not
have to meet the emission limitations
and operating limitations of this
subpart.
(3) A stationary RICE which is an
existing spark ignition 4 stroke rich
burn (4SRB) stationary RICE located at
an area source, an existing spark
ignition 4SRB stationary RICE with a
site rating of less than or equal to 500
brake HP located at a major source, an
existing spark ignition 2 stroke lean
burn (2SLB) stationary RICE, an existing
spark ignition 4 stroke lean burn (4SLB)
stationary RICE, an existing
compression ignition (CI) stationary
RICE, an existing emergency stationary
RICE, an existing limited use stationary
RICE, or an existing stationary RICE that
combusts landfill gas or digester gas
equivalent to 10 percent or more of the
gross heat input on an annual basis,
does not have to meet the requirements
of this subpart and of subpart A of this
part. No initial notification is necessary.
(c) Stationary RICE subject to
Regulations under 40 CFR Part 60. An
affected source that is a new or
reconstructed stationary RICE located at
an area source, or is a new or
reconstructed stationary RICE located at
a major source of HAP emissions and is
a spark ignition 2 stroke lean burn
(2SLB) stationary RICE with a site rating
of less than 500 brake HP, a spark
ignition 4 stroke lean burn (4SLB)
stationary RICE with a site rating of less
than 250 brake HP, or a 4 stroke rich
burn (4SRB) stationary RICE with a site
rating of less than or equal to 500 brake
HP, a stationary RICE with a site rating
of less than or equal to 500 brake HP
which combusts landfill or digester gas
equivalent to 10 percent or more of the
gross heat input on an annual basis, an
emergency or limited use stationary
RICE with a site rating of less than or
equal to 500 brake HP, or a compression
ignition (CI) stationary RICE with a site
rating of less than or equal to 500 brake
HP, must meet the requirements of this
part by meeting the requirements of 40
CFR part 60 subpart IIII, for
compression ignition engines or 40 CFR
part 60 subpart JJJJ, for spark ignition
engines. No further requirements apply
for such engines under this part.
I 9. Section 63.6595 is amended by
revising paragraphs (a) and (b)(2) to read
as follows:
§ 63.6595 When do I have to comply with
this subpart?
(a) Affected Sources. (1) If you have
an existing stationary RICE with a site
rating of more than 500 brake HP
located at a major source of HAP
emissions, you must comply with the
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Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
applicable emission limitations and
operating limitations no later than June
15, 2007.
(2) If you start up your new or
reconstructed stationary RICE with a
site rating of more than 500 brake HP
located at a major source of HAP
emissions before August 16, 2004, you
must comply with the applicable
emission limitations and operating
limitations in this subpart no later than
August 16, 2004.
(3) If you start up your new or
reconstructed stationary RICE with a
site rating of more than 500 brake HP
located at a major source of HAP
emissions after August 16, 2004, you
must comply with the applicable
emission limitations and operating
limitations in this subpart upon startup
of your affected source.
(4) If you start up your new or
reconstructed stationary RICE with a
site rating of less than or equal to 500
brake HP located at a major source of
HAP emissions before January 18, 2008,
you must comply with the applicable
emission limitations and operating
limitations in this subpart no later than
January 18, 2008.
(5) If you start up your new or
reconstructed stationary RICE with a
site rating of less than or equal to 500
brake HP located at a major source of
HAP emissions after January 18, 2008,
you must comply with the applicable
emission limitations and operating
limitations in this subpart upon startup
of your affected source.
(6) If you start up your new or
reconstructed stationary RICE located at
an area source of HAP emissions before
January 18, 2008, you must comply with
the applicable emission limitations and
operating limitations in this subpart no
later than January 18, 2008.
(7) If you start up your new or
reconstructed stationary RICE located at
an area source of HAP emissions after
January 18, 2008, you must comply with
the applicable emission limitations and
operating limitations in this subpart
upon startup of your affected source.
(b)* * *
(2) Any stationary RICE for which
construction or reconstruction is
commenced before your area source
becomes a major source of HAP must be
in compliance with the provisions of
this subpart that are applicable to RICE
located at major sources within 3 years
after your area source becomes a major
source of HAP.
*
*
*
*
*
10. Section 63.6600 is revised to read
as follows:
I
VerDate Aug<31>2005
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Jkt 214001
§ 63.6600 What emission limitations and
operating limitations must I meet if I own or
operate a stationary RICE with a site rating
of more than 500 brake HP located at a
major source of HAP emissions?
(a) If you own or operate an existing,
new, or reconstructed spark ignition
4SRB stationary RICE with a site rating
of more than 500 brake HP located at a
major source of HAP emissions, you
must comply with the emission
limitations in Table 1a to this subpart
and the operating limitations in Table
1b to this subpart which apply to you.
(b) If you own or operate a new or
reconstructed 2SLB stationary RICE
with a site rating of more than 500 brake
HP located at major source of HAP
emissions, a new or reconstructed 4SLB
stationary RICE with a site rating of
more than 500 brake HP located at major
source of HAP emissions, or a new or
reconstructed CI stationary RICE with a
site rating of more than 500 brake HP
located at a major source of HAP
emissions, you must comply with the
emission limitations in Table 2a to this
subpart and the operating limitations in
Table 2b to this subpart which apply to
you.
(c) If you own or operate any of the
following RICE with a site rating of
more than 500 brake HP located at a
major source of HAP emissions, you do
not need to comply with the emission
limitations in Tables 1a and 2a to this
subpart or operating limitations in
Tables 1b and 2b to this subpart: an
existing 2SLB stationary RICE, an
existing 4SLB stationary RICE, or an
existing CI stationary RICE; a stationary
RICE that combusts landfill gas or
digester gas equivalent to 10 percent or
more of the gross heat input on an
annual basis; an emergency stationary
RICE; or a limited use stationary RICE.
I 11. Section 63.6601 is added to read
as follows:
§ 63.6601 What emission limitations must I
meet if I own or operate a 4SLB stationary
RICE with a site rating of greater than or
equal to 250 brake HP and less than 500
brake HP located at a major source of HAP
emissions?
If you own or operate a new or
reconstructed 4SLB stationary RICE
with a site rating of greater than or equal
to 250 and less than or equal to 500
brake HP located at major source of HAP
emissions manufactured on or after
January 1, 2008, you must comply with
the emission limitations in Table 2a to
this subpart and the operating
limitations in Table 2b to this subpart
which apply to you.
I 12. Section 63.6610 is amended by:
I a. Revising the section heading;
I b. Adding introductory text; and
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Fmt 4701
Sfmt 4700
3605
c. Revising paragraphs (a) through (c).
The revisions and additions read as
follows:
I
§ 63.6610 By what date must I conduct the
initial performance tests or other initial
compliance demonstrations if I own or
operate a stationary RICE with a site rating
of more than 500 brake HP located at a
major source of HAP emissions?
If you own or operate a stationary
RICE with a site rating of more than 500
brake HP located at a major source of
HAP emissions you are subject to the
requirements of this section.
(a) You must conduct the initial
performance test or other initial
compliance demonstrations in Table 4
to this subpart that apply to you within
180 days after the compliance date that
is specified for your stationary RICE in
§ 63.6595 and according to the
provisions in § 63.7(a)(2).
(b) If you commenced construction or
reconstruction between December 19,
2002 and June 15, 2004 and own or
operate stationary RICE with a site
rating of more than 500 brake HP
located at a major source of HAP
emissions, you must demonstrate initial
compliance with either the proposed
emission limitations or the promulgated
emission limitations no later than
February 10, 2005 or no later than 180
days after startup of the source,
whichever is later, according to
§ 63.7(a)(2)(ix).
(c) If you commenced construction or
reconstruction between December 19,
2002 and June 15, 2004 and own or
operate stationary RICE with a site
rating of more than 500 brake HP
located at a major source of HAP
emissions, and you chose to comply
with the proposed emission limitations
when demonstrating initial compliance,
you must conduct a second performance
test to demonstrate compliance with the
promulgated emission limitations by
December 13, 2007 or after startup of the
source, whichever is later, according to
§ 63.7(a)(2)(ix).
*
*
*
*
*
I 13. Section 63.6611 is added to read
as follows:
§ 63.6611 By what date must I conduct the
initial performance tests or other initial
compliance demonstrations if I own or
operate a 4SLB SI stationary RICE with a
site rating of greater than or equal to 250
and less than or equal to 500 brake HP
located at a major source of HAP
emissions?
If you own or operate a new or
reconstructed 4SLB stationary RICE
with a site rating of greater than or equal
to 250 and less than or equal to 500
brake HP located at a major source of
HAP emissions, you must conduct an
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initial performance test within 240 days
after the compliance date that is
specified for your stationary RICE in
§ 63.6595 and according to the
provisions specified in Table 4 to this
subpart, as appropriate.
I 14. Section 63.6625 is amended by
adding paragraph (d) to read as follows:
§ 63.6625 What are my monitoring,
installation, operation, and maintenance
requirements?
*
*
*
*
*
(d) If you are operating a new or
reconstructed emergency 4SLB
stationary RICE with a site rating of
greater than or equal to 250 and less
than or equal to 500 brake HP located
at a major source of HAP emissions, you
must install a non-resettable hour meter
prior to the startup of the engine.
I 15. Section 63.6640 is amended by
revising paragraph (e) to read as follows:
§ 63.6640 How do I demonstrate
continuous compliance with the emission
limitations and operating limitations?
rwilkins on PROD1PC63 with NOTICES
*
*
*
*
*
(e) You must also report each instance
in which you did not meet the
requirements in Table 8 to this subpart
that apply to you. If you own or operate
any stationary RICE with a site rating of
less than or equal to 500 brake HP
located at a major source of HAP
emissions (except new or reconstructed
4SLB engines greater than or equal to
250 and less than or equal to 500 brake
HP), a stationary RICE located at an area
source of HAP emissions, or any of the
following RICE with a site rating of
more than 500 brake HP located at a
major source of HAP emissions, you do
not need to comply with the
requirements in Table 8 to this subpart:
An existing 2SLB stationary RICE, an
existing 4SLB stationary RICE, an
existing CI stationary RICE, an existing
emergency stationary RICE, an existing
limited use emergency stationary RICE,
or an existing stationary RICE which
fires landfill gas or digester gas
equivalent to 10 percent or more of the
gross heat input on an annual basis. If
you own or operate any of the following
RICE with a site rating of more than 500
brake HP located at a major source of
HAP emissions, you do not need to
comply with the requirements in Table
8 to this subpart, except for the initial
notification requirements: a new or
reconstructed stationary RICE that
combusts landfill gas or digester gas
equivalent to 10 percent or more of the
gross heat input on an annual basis, a
new or reconstructed emergency
stationary RICE, or a new or
reconstructed limited use stationary
RICE.
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18:30 Jan 17, 2008
Jkt 214001
16. Section 63.6645 is revised to read
as follows:
I
§ 63.6645 What notifications must I submit
and when?
(a) If you own or operate a stationary
RICE with a site rating of more than 500
brake HP located at a major source of
HAP emissions or a new or
reconstructed 4SLB stationary RICE
with a site rating of greater than or equal
to 250 HP located at a major source of
HAP emissions, you must submit all of
the notifications in §§ 63.7(b) and (c),
63.8(e), (f)(4) and (f)(6), 63.9(b) through
(e), and (g) and (h) that apply to you by
the dates specified.
(b) As specified in § 63.9(b)(2), if you
start up your stationary RICE with a site
rating of more than 500 brake HP
located at a major source of HAP
emissions before the effective date of
this subpart, you must submit an Initial
Notification not later than December 13,
2004.
(c) If you start up your new or
reconstructed stationary RICE with a
site rating of more than 500 brake HP
located at a major source of HAP
emissions on or after August 16, 2004,
you must submit an Initial Notification
not later than 120 days after you become
subject to this subpart.
(d) As specified in § 63.9(b)(2), if you
start up your stationary RICE with a site
rating of equal to or less than 500 brake
HP located at a major source of HAP
emissions before the effective date of
this subpart and you are required to
submit an initial notification, you must
submit an Initial Notification not later
than July 16, 2008.
(e) If you start up your new or
reconstructed stationary RICE with a
site rating of equal to or less than 500
brake HP located at a major source of
HAP emissions on or after March 18,
2008 and you are required to submit an
initial notification, you must submit an
Initial Notification not later than 120
days after you become subject to this
subpart.
(f) If you are required to submit an
Initial Notification but are otherwise not
affected by the requirements of this
subpart, in accordance with
§ 63.6590(b), your notification should
include the information in § 63.9(b)(2)(i)
through (v), and a statement that your
stationary RICE has no additional
requirements and explain the basis of
the exclusion (for example, that it
operates exclusively as an emergency
stationary RICE if it has a site rating of
more than 500 brake HP located at a
major source of HAP emissions).
(g) If you are required to conduct a
performance test, you must submit a
Notification of Intent to conduct a
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performance test at least 60 days before
the performance test is scheduled to
begin as required in § 63.7(b)(1).
(h) If you are required to conduct a
performance test or other initial
compliance demonstration as specified
in Tables 4 and 5 to this subpart, you
must submit a Notification of
Compliance Status according to
§ 63.9(h)(2)(ii).
(1) For each initial compliance
demonstration required in Table 5 to
this subpart that does not include a
performance test, you must submit the
Notification of Compliance Status before
the close of business on the 30th day
following the completion of the initial
compliance demonstration.
(2) For each initial compliance
demonstration required in Table 5 to
this subpart that includes a performance
test conducted according to the
requirements in Table 3 to this subpart,
you must submit the Notification of
Compliance Status, including the
performance test results, before the
close of business on the 60th day
following the completion of the
performance test according to
§ 63.10(d)(2).
I 17. Section 63.6665 is revised to read
as follows:
§ 63.6665 What parts of the General
Provisions apply to me?
Table 8 to this subpart shows which
parts of the General Provisions in
§§ 63.1 through 63.15 apply to you. If
you own or operate any stationary RICE
with a site rating of less than or equal
to 500 brake HP located at a major
source of HAP emissions (except new or
reconstructed 4SLB engines greater than
or equal to 250 and less than or equal
to 500 brake HP), a stationary RICE
located at an area source of HAP
emissions, or any of the following RICE
with a site rating of more than 500 brake
HP located at a major source of HAP
emissions, you do not need to comply
with any of the requirements of the
General Provisions: An existing 2SLB
RICE, an existing 4SLB stationary RICE,
an existing CI stationary RICE, an
existing stationary RICE that combusts
landfill gas or digester gas equivalent to
10 percent or more of the gross heat
input on an annual basis, an existing
emergency stationary RICE, or an
existing limited use stationary RICE. If
you own or operate any of the following
RICE with a site rating of more than 500
brake HP located at a major source of
HAP emissions, you do not need to
comply with the requirements in the
General Provisions except for the initial
notification requirements: A new
stationary RICE that combusts landfill
gas or digester gas equivalent to 10
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percent or more of the gross heat input
on an annual basis, a new emergency
stationary RICE, or a new limited use
stationary RICE.
I 18. Section 63.6675 is amended by:
I a. Adding definitions of
‘‘Compression Ignition,’’ ‘‘Gasoline,’’
and ‘‘Spark ignition’’ in alphabetical
order;
I b. Removing the definitions for
‘‘Compression ignition engine’’ and
‘‘Spark ignition engine;’’ and
I c. Revising the definitions of
‘‘Emergency stationary RICE’’ and
‘‘Natural gas;’’ to read as follows:
§ 63.6675
subpart?
What definitions apply to this
*
*
*
*
*
Compression ignition means relating
to a type of stationary internal
combustion engine that is not a spark
ignition engine.
*
*
*
*
*
Emergency stationary RICE means any
stationary RICE whose operation is
limited to emergency situations and
required testing and maintenance.
Examples include stationary RICE used
to produce power for critical networks
or equipment (including power
supplied to portions of a facility) when
electric power from the local utility (or
the normal power source, if the facility
runs on its own power production) is
interrupted, or stationary RICE used to
pump water in the case of fire or flood,
etc. Stationary RICE used for peak
shaving are not considered emergency
stationary RICE. Stationary ICE used to
supply power to an electric grid or that
supply power as part of a financial
arrangement with another entity are not
considered to be emergency engines.
Emergency stationary RICE with a siterating of more than 500 brake HP
located at a major source of HAP
emissions that were installed prior to
June 12, 2006, 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. Required
testing of such units should be
minimized, but there is no time limit on
the use of emergency stationary RICE in
emergency situations and for routine
testing and maintenance. Emergency
stationary RICE with a site-rating of
more than 500 brake HP located at a
major source of HAP emissions that
were installed prior to June 12, 2006,
may also operate an additional 50 hours
per year in non-emergency situations.
Emergency stationary RICE with a siterating of more than 500 brake HP
located at a major source of HAP
emissions that were installed on or after
June 12, 2006, must comply with
requirements specified in 40 CFR
60.4243(d).
*
*
*
*
*
3607
Gasoline means any fuel sold in any
State for use in motor vehicles and
motor vehicle engines, or nonroad or
stationary engines, and commonly or
commercially known or sold as
gasoline.
*
*
*
*
*
Natural gas means a naturally
occurring mixture of hydrocarbon and
non-hydrocarbon gases found in
geologic formations beneath the Earth’s
surface, of which the principal
constituent is methane. Natural gas may
be field or pipeline quality.
*
*
*
*
*
Spark ignition means relating to
either: A gasoline-fueled engine; or any
other type of engine a spark plug (or
other sparking device) and with
operating characteristics significantly
similar to the theoretical Otto
combustion cycle. Spark ignition
engines usually use a throttle to regulate
intake air flow to control power during
normal operation. Dual-fuel engines in
which a liquid fuel (typically diesel
fuel) is used for CI and gaseous fuel
(typically natural gas) is used as the
primary fuel at an annual average ratio
of less than 2 parts diesel fuel to 100
parts total fuel on an energy equivalent
basis are spark ignition engines.
*
*
*
*
*
19. Table 1a to Subpart ZZZZ of part
63 is revised to read as follows:
I
TABLE 1A TO SUBPART ZZZZ OF PART 63.—EMISSION LIMITATIONS FOR EXISTING, NEW, AND RECONSTRUCTED SPARK
IGNITION, 4SRB STATIONARY RICE >500 HP LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS
[As stated in § 63.6600, you must comply with the following emission limitations for existing, new and reconstructed 4SRB stationary RICE >500
HP located at a major source of HAP emissions at 100 percent load plus or minus 10 percent]
For each...
You must meet the following emission limitations...
1. 4SRB stationary RICE ..........................................................................
a. reduce formaldehyde emissions by 76 percent or more. If you commenced construction or reconstruction between December 19, 2002
and June 15, 2004, you may reduce formaldehyde emissions by 75
percent or more until June 15, 2007;
or
b. limit the concentration of formaldehyde in the stationary RICE exhaust 350 ppbvd or less at 15 percent O2.
20. Table 1b to Subpart ZZZZ of Part
63 is revised to read as follows:
I
TABLE 1B TO SUBPART ZZZZ OF PART 63.—OPERATING LIMITATIONS FOR EXISTING, NEW, AND RECONSTRUCTED SPARK
IGNITION, 4SRB STATIONARY RICE >500 HP LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS
[As stated in §§ 63.6600, 63.6630 and 63.6640, you must comply with the following operating emission limitations for existing, new and
reconstructed 4SRB stationary RICE >500 HP located at a major source of HAP emissions]
rwilkins on PROD1PC63 with NOTICES
For each...
You must meet the following operating limitation...
1. 4SRB stationary RICE complying with the requirement to reduce
formaldehyde emissions by 76 percent or more (or by 75 percent or
more, if applicable) and using NSCR;.
or ...............................................................................................................
a. maintain your catalyst so that the pressure drop across the catalyst
does not change by more than 2 inches of water at 100 percent load
plus or minus 10 percent from the pressure drop across the catalyst
measured during the initial performance test; and
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TABLE 1B TO SUBPART ZZZZ OF PART 63.—OPERATING LIMITATIONS FOR EXISTING, NEW, AND RECONSTRUCTED SPARK
IGNITION, 4SRB STATIONARY RICE >500 HP LOCATED AT A MAJOR SOURCE OF HAP EMISSIONS—Continued
[As stated in §§ 63.6600, 63.6630 and 63.6640, you must comply with the following operating emission limitations for existing, new and
reconstructed 4SRB stationary RICE >500 HP located at a major source of HAP emissions]
For each...
You must meet the following operating limitation...
4SRB stationary RICE complying with the requirement to limit the concentration of formaldehyde in the stationary RICE exhaust to 350
ppbvd or less at 15 percent O2 and using NSCR..
2. 4SRB stationary RICE complying with the requirement to reduce
formaldehyde emissions by 76 percent or more (or by 75 percent or
more, if applicable) and not using NSCR;.
or ...............................................................................................................
4SRB stationary RICE complying with the requirement to limit the concentration of formaldehyde in the stationary RICE exhaust to 350
ppbvd or less at 15 percent O2 and not using NSCR..
b. maintain the temperature of your stationary RICE exhaust so that
the catalyst inlet temperature is greater than or equal to 750°F and
less than or equal to 1250°F.
Comply with any operating limitations approved by the Administrator.
21. Table 2a to Subpart ZZZZ of Part
63 is revised to read as follows:
I
TABLE 2A TO SUBPART ZZZZ OF PART 63.—EMISSION LIMITATIONS FOR NEW AND RECONSTRUCTED 2SLB AND COMPRESSION IGNITION STATIONARY RICE >500 HP AND 4SLB STATIONARY RICE ≥250 HP LOCATED AT A MAJOR
SOURCE OF HAP EMISSIONS
[As stated in §§ 63.6600 and 63.6601, you must comply with the following emission limitations for new and reconstructed lean burn and new and
reconstructed compression ignition stationary RICE at 100 percent load plus or minus 10 percent]
For each...
You must meet the following emission limitation...
1. 2SLB stationary RICE ..........................................................................
a. reduce CO emissions by 58 percent or more;
or
b. limit concentration of formaldehyde in the stationary RICE exhaust to
12 ppmvd or less at 15 percent O2. If you commenced construction
or reconstruction between December 19, 2002 and June 15, 2004,
you may limit concentration of formaldehyde to 17 ppmvd or less at
15 percent O2 until June 15, 2007.
a. reduce CO emissions by 93 percent or more;
or
b. limit concentration of formaldehyde in the stationary RICE exhaust to
14 ppmvd or less at 15 percent O2.
a. reduce CO emissions by 70 percent or more;
or
b. limit concentration of formaldehyde in the stationary RICE exhaust to
580 ppbvd or less at 15 percent O2.
2. 4SLB stationary RICE ..........................................................................
3. CI stationary RICE ...............................................................................
22. Table 2b to Subpart ZZZZ of Part
63 is revised to read as follows:
I
TABLE 2B TO SUBPART ZZZZ OF PART 63.—OPERATING LIMITATIONS FOR NEW AND RECONSTRUCTED 2SLB AND COMPRESSION IGNITION STATIONARY RICE >500 HP AND 4SLB BURN STATIONARY RICE ≥250 HP LOCATED AT A
MAJOR SOURCE OF HAP EMISSIONS
[As stated in §§ 63.6600, 63.6601, 63.6630, and 63.6640, you must comply with the following operating limitations for new and reconstructed
lean burn and new and reconstructed compression ignition stationary]
You must meet the following operating limitation...
1. 2SLB and 4SLB stationary RICE and CI stationary RICE complying
with the requirement to reduce CO emissions and using an oxidation
catalyst; or 2SLB and 4SLB stationary RICE and CI stationary RICE
complying with the requirement to limit the concentration of formaldehyde in the stationary RICE exhaust and using an oxidation catalyst.
rwilkins on PROD1PC63 with NOTICES
For each...
a. maintain your catalyst so that the pressure drop across the catalyst
does not change by more than 2 inches of water at 100 percent load
plus or minus 10 percent from the pressure drop across the catalyst
that was measured during the initial performance test; and
b. maintain the temperature of your stationary RICE exhaust so that
the catalyst inlet temperature is greater than or equal to 450 °F and
less than or equal to 1350 °F.
Comply with any operating limitations approved by the Administrator.
2. 2SLB and 4SLB stationary RICE and CI stationary RICE complying
with the requirement to reduce CO emissions and not using an oxidation catalyst; or 2SLB and 4SLB stationary RICE and CI stationary
RICE complying with the requirement to limit the concentration of
formaldehyde in the stationary RICE exhaust and not using an oxidation catalyst.
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3609
23. Table 4 to subpart ZZZZ of part 63
is revised to read as follows:
I
TABLE 4 TO SUBPART ZZZZ OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS
[As stated in §§ 63.6610, 63.6611, 63.6620, and 63.6640, you must comply with the following requirements for performance tests for stationary
RICE]
For each . . .
Complying with the requirement to . . .
1. 2SLB, 4SLB, and CI stationary RICE.
a. Reduce CO emissions ..
You must . . .
Using . . .
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(1) Method 4 of 40 CFR
part 60, appendix A, or
Test Method 320 of 40
CFR part 63, appendix
A, or ASTM D 6348–03.
i. Select the sampling port
location and the number
of traverse points; and.
(1) Method 320 or 323 of
40 CFR part 63, appendix A; or ASTM D6348–
03 b, provided in ASTM
D6348–03 Annex A5
(Analyte Spiking Technique), the percent R
must be greater than or
equal to 70 and less
than or equal to 130.
(1) Method 1 or 1A of 40
CFR part 60, appendix
A § 63.7(d)(1)(i).
(1) Method 3 or 3A or 3B
of 40 CFR part 60, appendix A, or ASTM
Method D6522–00
(2005).
iii. Measure moisture content of the stationary
RICE exhaust at the
sampling port location;
and.
18:30 Jan 17, 2008
(1) Method 3 or 3A or 3B
of 40 CFR part 60, appendix A, or ASTM
Method D6522–00
(2005)..
ii. Determine the O2 concentration of the stationary RICE exhaust at
the sampling port location; and.
VerDate Aug<31>2005
(1) Method 1 or 1A of 40
CFR part 60, appendix
A § 63.7(d)(1)(i).
iv. Measure formaldehyde
at the inlet and the outlet of the control device.
a. Limit the concentration
of formaldehyde in the
stationary RICE exhaust.
i. Select the sampling port
location and the number
of traverse points; and.
iii. Measure moisture content at the inlet and outlet of the control device;
and.
3. Stationary RICE ............
(1) Portable CO and O2
analyzer.
ii. Measure O2 at the inlet
and outlet of the control
device; and.
a. Reduce formaldehyde
emissions.
(1) Portable CO and O2
analyzer.
ii. Measure the CO at the
inlet and the outlet of
the control device.
2. 4SRB stationary RICE ..
i. Measure the O2 at the
inlet and outlet of the
control device; and.
(1) Method 4 of 40 CFR
part 60, appendix A, or
Test Method 320 of 40
CFR part 63, appendix
A, or ASTM D 6348–03.
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According to the following
requirements . . .
(a) Using ASTM D6522–00
(2005) a (incorporated by
reference, see § 63.14).
Measurements to determine O2 must be made
at the same time as the
measurements for CO
concentration.
(a) Using ASTM D6522–00
(2005) a (incorporated by
reference, see § 63.14)
or Method 10 of 40
CFR, appendix A. The
CO concentration must
be at 15 percent O2, dry
basis.
(a) Sampling sites must be
located at the inlet and
outlet of the control device.
(a) Measurements to determine O2 concentration
must be made at the
same time as the measurements for formaldehyde concentration.
(a) Measurements to determine moisture content
must be made at the
same time and location
as the measurements
for formaldehyde concentration.
(a) Formaldehyde 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.
(a) Measurements to determine O2 concentration
must be made at the
same time and location
as the measurements
for formaldehyde concentration.
(a) Measurements to determine moisture content
must be made at the
same time and location
as the measurements
for formaldehyde concentration.
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TABLE 4 TO SUBPART ZZZZ OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued
[As stated in §§ 63.6610, 63.6611, 63.6620, and 63.6640, you must comply with the following requirements for performance tests for stationary
RICE]
Complying with the requirement to . . .
You must . . .
Using . . .
According to the following
requirements . . .
iv. Measure formaldehyde
at the exhaust of the
stationary RICE.
For each . . .
(1) Method 320 or 323 of
40 CFR part 63, appendix A; or ASTM D6348–
03 b, provided in ASTM
D6348–03 Annex A5
(Analyte Spiking Technique), the percent R
must be greater than or
equal to 70 and less
than or equal to 130.
(a) Formaldehyde 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 You may also use Methods 3A and 10 as options to ASTM–D6522–00 (2005). You may obtain a copy of ASTM–D6522–00 (2005) from at
least one of the following addresses: American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959,
or University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 48106.
b You may obtain a copy of ASTM–D6348–03 from at least one of the following addresses: American Society for Testing and Materials, 100
Barr Harbor Drive, West Conshohocken, PA 19428–2959, or University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 48106.
24. Table 8 to subpart ZZZZ of part 63
is revised to read as follows:
I
TABLE 8 TO SUBPART ZZZZ OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ
[As stated in § 63.6665, you must comply with the following applicable general provisions]
General provisions citation
Subject of citation
§ 63.1 .............................................
General applicability of the General Provisions.
Definitions .....................................
Yes.
Units and abbreviations ................
Prohibited activities and circumvention.
Construction and reconstruction ...
Applicability ...................................
Compliance dates for new and reconstructed sources.
Notification ....................................
[Reserved].
Compliance dates for new and reconstructed area sources that
become major sources.
Compliance dates for existing
sources.
[Reserved].
Compliance dates for existing
area sources that become
major sources.
[Reserved].
Operation and maintenance .........
[Reserved].
Startup, shutdown, and malfunction plan.
Applicability of standards except
during startup shutdown malfunction (SSM).
Methods for determining compliance.
Finding of compliance ..................
Use of alternate standard .............
Opacity and visible emission
standards.
Yes.
Yes.
§ 63.2 .............................................
§ 63.3 .............................................
§ 63.4 .............................................
§ 63.5 .............................................
§ 63.6(a) .........................................
§ 63.6(b)(1)–(4) ..............................
§ 63.6(b)(5) .....................................
§ 63.6(b)(6) .....................................
§ 63.6(b)(7) .....................................
§ 63.6(c)(1)–(2) ..............................
§ 63.6(c)(3)–(4) ..............................
§ 36.6(c)(5) .....................................
§ 63.6(d) .........................................
§ 63.6(e)(1) .....................................
§ 63.6(e)(2) .....................................
§ 63.6(e)(3) .....................................
§ 63.6(f)(1) ......................................
§ 63.6(f)(2) ......................................
rwilkins on PROD1PC63 with NOTICES
§ 63.6(f)(3) ......................................
§ 63.6(g)(1)–(3) ..............................
§ 63.6(h) .........................................
§ 63.6(i) ..........................................
§ 63.6(j) ..........................................
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Applies to subpart
Compliance extension procedures
and criteria.
Presidential compliance exemption.
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Explanation
Yes ................................................
Additional terms
§ 63.6675.
defined
in
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
No .................................................
Subpart ZZZZ does not contain
opacity or visible emission
standards.
Yes.
Yes.
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3611
TABLE 8 TO SUBPART ZZZZ OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ—Continued
[As stated in § 63.6665, you must comply with the following applicable general provisions]
General provisions citation
Subject of citation
Applies to subpart
Explanation
§ 63.7(a)(1)–(2) ..............................
Performance test dates ................
Yes ................................................
Subpart ZZZZ contains performance test dates at §§ 63.6610
and 63.6611.
§ 63.7(a)(3) .....................................
§ 63.7(b)(1) .....................................
§ 63.7(b)(2) .....................................
§ 63.7(c) .........................................
§ 63.7(d) .........................................
§ 63.7(e)(1) .....................................
CAA section 114 authority ............
Notification of performance test ...
Notification of rescheduling ..........
Quality assurance/test plan ..........
Testing facilities ............................
Conditions for conducting performance tests.
Conduct of performance tests and
reduction of data.
Test run duration ..........................
Administrator may require other
testing under section 114 of the
CAA.
Alternative test method provisions
Performance test data analysis,
recordkeeping, and reporting.
Waiver of tests ..............................
Applicability of monitoring requirements.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Performance specifications ..........
[Reserved].
Monitoring for control devices ......
Monitoring .....................................
Multiple effluents and multiple
monitoring systems.
Monitoring system operation and
maintenance.
Routine and predictable SSM ......
SSM not in Startup Shutdown
Malfunction Plan.
Compliance with operation and
maintenance requirements.
Monitoring system installation ......
Continuous monitoring system
(CMS) requirements.
Yes.
§ 63.7(e)(2) .....................................
§ 63.7(e)(3) .....................................
§ 63.7(e)(4) .....................................
§ 63.7(f) ..........................................
§ 63.7(g) .........................................
§ 63.7(h) .........................................
§ 63.8(a)(1) .....................................
§ 63.8(a)(2) .....................................
§ 63.8(a)(3) .....................................
§ 63.8(a)(4) .....................................
§ 63.8(b)(1) .....................................
§ 63.8(b)(2)–(3) ..............................
§ 63.8(c)(1) .....................................
§ 63.8(c)(1)(i) ..................................
§ 63.8(c)(1)(ii) .................................
§ 63.8(c)(1)(iii) ................................
§ 63.8(c)(2)–(3) ..............................
§ 63.8(c)(4) .....................................
Yes ................................................
Yes.
Yes.
Yes.
Yes.
Yes.
Yes ................................................
Subpart ZZZZ contains specific
requirements for monitoring at
§ 63.6625.
No.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes ................................................
§ 63.8(c)(5) .....................................
COMS minimum procedures ........
No .................................................
§ 63.8(c)(6)–(8) ..............................
CMS requirements ........................
Yes ................................................
§ 63.8(d) .........................................
§ 63.8(e) .........................................
CMS quality control ......................
CMS performance evaluation .......
Yes.
Yes ................................................
§ 63.8(f)(1)–(5) ...............................
§ 63.8(f)(6) ......................................
Alternative monitoring method ......
Alternative to relative accuracy
test.
Data reduction ..............................
Applicability and State delegation
of notification requirements.
Initial notifications .........................
Yes.
Request for compliance extension
Notification of special compliance
requirements for new sources.
Notification of performance test ...
Notification of visible emission
(VE)/opacity test.
Notification of performance evaluation.
Notification of use of COMS data
Yes.
Yes.
Notification that criterion for alternative to RATA is exceeded.
Yes ................................................
Except that subpart ZZZZ does
not require Continuous Opacity
Monitoring System (COMS).
Subpart ZZZZ does not require
COMS.
Except that subpart ZZZZ does
not require COMS.
Yes.
Yes.
§ 63.8(g) .........................................
§ 63.9(a) .........................................
§ 63.9(b)(1)–(5) ..............................
§ 63.9(c) .........................................
§ 63.9(d) .........................................
§ 63.9(e) .........................................
§ 63.9(f) ..........................................
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Subpart ZZZZ specifies test methods at § 63.6620.
§ 63.9(g)(1) .....................................
§ 63.9(g)(2) .....................................
§ 63.9(g)(3) .....................................
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Yes ................................................
Yes ................................................
Yes.
No .................................................
Except for § 63.8(e)(5)(ii), which
applies to COMS.
Except that provisions for COMS
are not applicable. Averaging
periods for demonstrating compliance
are
specified
at
§§ 63.6635 and 63.6640.
Except that § 63.9(b)(3) is reserved.
Subpart ZZZZ does not contain
opacity or VE standards.
Yes.
No .................................................
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Subpart ZZZZ does not contain
opacity or VE standards.
If alternative is in use.
18JAR2
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TABLE 8 TO SUBPART ZZZZ OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART ZZZZ—Continued
[As stated in § 63.6665, you must comply with the following applicable general provisions]
General provisions citation
Subject of citation
Applies to subpart
Explanation
§ 63.9(h)(1)–(6) ..............................
Notification of compliance status ..
Yes ................................................
Except that notifications for
sources using a CEMS are due
30 days after completion of performance
evaluations.
§ 63.9(h)(4) is reserved.
§ 63.9(i) ..........................................
§ 63.9(j) ..........................................
§ 63.10(a) .......................................
Adjustment of submittal deadlines
Change in previous information ...
Administrative
provisions
for
record keeping/reporting.
Record retention ...........................
Records related to SSM ...............
Records ........................................
Record when under waiver ..........
Records when using alternative to
RATA.
Records of supporting documentation.
Records of applicability determination.
Additional records for sources
using CEMS.
General reporting requirements ...
Report of performance test results
Reporting opacity or VE observations.
Progress reports ...........................
Startup, shutdown, and malfunction reports.
Additional CMS reports ................
COMS-related report ....................
Yes.
Yes.
Yes.
Excess emission and parameter
exceedances reports.
Reporting COMS data ..................
Yes ................................................
Waiver for recordkeeping/reporting.
Flares ............................................
State authority and delegations ....
Addresses .....................................
Incorporation by reference ...........
Availability of information ..............
Yes.
§ 63.10(b)(1) ...................................
§ 63.10(b)(2)(i)–(v) .........................
§ 63.10(b)(2)(vi)–(xi) .......................
§ 63.10(b)(2)(xii) .............................
§ 63.10(b)(2)(xiii) ............................
§ 63.10(b)(2)(xiv) ............................
§ 63.10(b)(3) ...................................
§ 63.10(c) .......................................
§ 63.10(d)(1) ...................................
§ 63.10(d)(2) ...................................
§ 63.10(d)(3) ...................................
§ 63.10(d)(4) ...................................
§ 63.10(d)(5) ...................................
§ 63.10(e)(1) and (2)(i) ...................
§ 63.10(e)(2)(ii) ...............................
§ 63.10(e)(3) ...................................
§ 63.10(e)(4) ...................................
§ 63.10(f) ........................................
§ 63.11
§ 63.12
§ 63.13
§ 63.14
§ 63.15
...........................................
...........................................
...........................................
...........................................
...........................................
25. The authority citation for part 85
continues to read as follows:
I
Authority: 42 U.S.C. 7401–7671q.
26. Section 85.2401 is amended by
revising paragraph (a)(13) to read as
follows:
I
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§ 85.2405
(a) * * *
(13) Stationary internal combustion
engines (See 40 CFR part 60, subparts
IIII and JJJJ).
*
*
*
*
*
I 27. Section 85.2403 is amended by
revising paragraph (b)(11) to read as
follows:
§ 85.2403
subpart?
*
Yes ................................................
Yes.
Yes.
No .................................................
*
Yes.
No .................................................
No .................................................
How much are the fees?
*
*
*
*
(f) Fees for stationary SI internal
combustion engine certificate requests
shall be calculated in the same manner
as for NR SI certificate. Fees for
certificate requests where the certificate
would apply to stationary and mobile
engines shall be calculated in the same
manner as fees for the certificate
requests for the applicable mobile
source engines.
PART 90—[AMENDED]
29. The authority citation for part 90
continues to read as follows:
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Subpart ZZZZ does not contain
opacity or VE standards.
Subpart ZZZZ does not require
COMS.
Except that § 63.10(e)(3)(i)(C) is
reserved.
Subpart ZZZZ does not require
COMS.
No.
Yes.
Yes.
Yes.
Yes.
I
*
Except that § 63.10(c)(2)–(4) and
(9) are reserved.
Yes.
Yes.
What definitions apply to this
*
Yes.
*
To whom do these requirements
For CO standard if using RATA
alternative.
Yes.
(b) * * *
(11) 40 CFR part 60, subparts IIII and
JJJJ.
I 28. Section 85.2405 is amended by
adding paragraph (f) to read as follows:
PART 85—[AMENDED]
§ 85.2401
apply?
Yes.
Yes.
Yes.
Yes.
Yes ................................................
Sfmt 4700
Authority: 42 U.S.C. 7401–7671q.
30. Section 90.1 is amended by adding
paragraph (h) to read as follows:
I
§ 90.1
Applicability.
*
*
*
*
*
(h) This part applies as specified in 40
CFR part 60 subpart JJJJ, to sparkignition engines subject to the standards
of 40 CFR part 60, subpart JJJJ.
I 31. Section 90.107 is amended by
adding paragraph (d)(12) to read as
follows:
§ 90.107
Application for certificate.
*
*
*
*
*
(d) * * *
(12) A statement indicating whether
the engine family contains only nonroad
engines, only stationary engines, or
both.
*
*
*
*
*
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32. Section 90.114 is amended by
revising paragraph (c)(7) and adding
paragraph (g) to read as follows:
I
§ 90.114 Requirement of certificationengine information label.
*
*
*
*
*
(c) * * *
(7) The statement ‘‘THIS ENGINE
CONFORMS TO U.S. EPA REGS FOR
[MODEL YEAR].’’;
*
*
*
*
*
(g) Stationary engines required by 40
CFR part 60, subpart JJJJ, to meet the
requirements of this part 90 must meet
the labeling requirements of 40 CFR
60.4242.
I 33. Section 90.201 is revised to read
as follows:
§ 90.201
Applicability.
The requirements of this subpart C are
applicable to all Phase 2 spark-ignition
engines subject to the provisions of
subpart A of this part except as
provided in § 90.103(a). These
provisions are not applicable to any
Phase 1 engines. Participation in the
averaging, banking and trading program
is voluntary, but if a manufacturer elects
to participate, it must do so in
compliance with the regulations set
forth in this subpart. The provisions of
this subpart are applicable for HC+NOX
(NMHC+NOX) emissions but not for CO
emissions. To the extent specified in 40
CFR part 60, subpart JJJJ, stationary
engines certified under this part and
subject to the standards of 40 CFR part
60, subpart JJJJ, may participate in the
averaging, banking, and trading program
described in this subpart.
nonroad engines for the same model
year.
*
*
*
*
*
I 36. Section 1048.20 is amended by
revising paragraph (a) introductory text,
revising paragraph (b)(4) and adding
paragraph (c) to read as follows:
§ 1048.20 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
§ 1048.1(c) as a stationary engine and is
not required by 40 CFR part 60, subpart
JJJJ, to meet the standards and other
requirements of this part 1048 that are
equivalent to the requirements
applicable to nonroad SI engines for the
same model year. To meet labeling
requirements, you must do the
following things:
*
*
*
*
*
(b) * * *
(4) State: ‘‘THIS ENGINE IS
EXCLUDED FROM THE
REQUIREMENTS OF 40 CFR PART
1048 AS A ‘‘STATIONARY ENGINE’’
AND THE OWNER/OPERATOR MUST
COMPLY WITH THE REQUIREMENTS
OF 40 CFR PART 60. INSTALLING OR
USING THIS ENGINE IN ANY OTHER
APPLICATION MAY BE A VIOLATION
OF FEDERAL LAW SUBJECT TO CIVIL
PENALTY.’’.
(c) Stationary engines required by 40
CFR part 60, subpart JJJJ, to meet the
requirements of this part 1048 must
meet the labeling requirements of 40
CFR 60.4242.
I 37. Section 1048.101 is amended by
adding paragraph (a)(4) to read as
follows:
PART 1048—[AMENDED]
§ 1048.101 What exhaust emission
standards must my engines meet?
34. The authority citation for part
1048 continues to read as follows:
*
I
Authority: 42 U.S.C. 7401–7671q.
35. Section 1048.1 is amended by
revising paragraph (c) to read as follows:
I
§ 1048.1
Does this part apply to me?
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*
*
*
*
*
(c) The definition of nonroad engine
in 40 CFR 1068.30 excludes certain
engines used in stationary applications.
These engines may be required by 40
CFR part 60, subpart JJJJ, to comply with
some of the provisions of this part 1048;
otherwise, these engines are only
required to comply with the
requirements in § 1048.20. 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 1048 to the
same standards that would apply to
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*
*
*
*
(a) * * *
(4) For constant-speed engines, the
emission standards do not apply for
transient testing if you do both of the
following things:
(i) Demonstrate that the specified
transient duty-cycle is not
representative of the way your engines
will operate in use.
(ii) Demonstrate that the engine’s
emission controls will function properly
to control emissions during transient
operation in use. In most cases, you may
do this by showing that you use the
same controls as a similar variablespeed engine that is certified as
complying with the emission standards
during transient testing.
*
*
*
*
*
I 38. Section 1048.205 is amended by
revising paragraphs (b) and (w) to read
as follows:
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3613
§ 1048.205 What must I include in my
application?
*
*
*
*
*
(b) Explain how the emission control
systems operate. Describe the
evaporative emission controls, if
applicable. Also describe in detail all
system components for controlling
exhaust emissions, including all
auxiliary emission control devices
(AECDs) and all fuel-system
components you will install on any
production or test engine. Identify the
part number of each component you
describe. For this paragraph (b), treat as
separate AECDs any devices that
modulate or activate differently from
each other. Include sufficient detail to
allow us to evaluate whether the AECDs
are consistent with the defeat device
prohibition of § 1048.115.
*
*
*
*
*
(w) State whether your certification is
intended to include engines used in
stationary applications. Also 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) Variable-speed engines.
*
*
*
*
*
PART 1065—[AMENDED]
39. The authority citation for part
1065 continues to read as follows:
I
Authority: 42 U.S.C. 7401–7671q.
40. Section 1065.1 is amended by
adding paragraph (a)(6) to read as
follows:
I
§ 1065.1
Applicability.
(a) * * *
(6) Stationary spark-ignition engines
certified using provisions in 40 CFR part
1048, as indicated under 40 CFR part
60, subpart JJJJ, the standard-setting part
for these engines.
*
*
*
*
*
PART 1068—[AMENDED]
41. The authority citation for part
1068 continues to read as follows:
I
Authority: 42 U.S.C. 7401–7671q.
42. Section 1068.1 is amended by
adding paragraph (a)(5) to read as
follows:
I
§ 1068.1
Does this part apply to me?
(a) * * *
(5) Stationary spark-ignition engines
certified using provisions in 40 CFR part
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1048, as indicated under 40 CFR part
60, subpart JJJJ.
*
*
*
*
*
[FR Doc. E7–25394 Filed 1–17–08; 8:45 am]
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BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 73, Number 13 (Friday, January 18, 2008)]
[Rules and Regulations]
[Pages 3568-3614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25394]
[[Page 3567]]
-----------------------------------------------------------------------
Part III
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 60, 63, 85 et al.
-----------------------------------------------------------------------
Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines and National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines; Final Rule
Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules
and Regulations
[[Page 3568]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 63, 85, 90, 1048, 1065, and 1068
[EPA-HQ-OAR-2005-0030, FRL-8512-4]
RIN 2060-AM81
Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines and National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is promulgating new source standards of performance for
stationary spark ignition internal combustion engines. EPA is also
promulgating national emission standards for hazardous air pollutants
for new and reconstructed stationary reciprocating internal combustion
engines that either are located at area sources of hazardous air
pollutant emissions or that have a site rating of less than or equal to
500 brake horsepower and are located at major sources of hazardous air
pollutant emissions.
DATES: This final rule is effective on March 18, 2008. The
incorporation by reference of certain publications listed in the final
rule is approved by the Director of the Federal Register as of March
18, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0030. EPA also relies on materials in Docket ID No.
EPA-HQ-OAR-2005-0029 and incorporates that docket into the record for
the final rule. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the EPA Headquarters Library,
Room Number 3334, EPA West Building, 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation will
be 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through
Friday. The telephone number for the Public Reading Room is (202) 566-
1744, and the telephone number for the Air and Radiation Docket and
Information Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pag[aacute]n, Energy
Strategies Group, Sector Policies and Programs Division (D243-01),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-5340; facsimile number (919) 541-
5450; e-mail address pagan.jaime@epa.gov.
SUPPLEMENTARY INFORMATION:
Background Information Document. EPA proposed new source
performance standards (NSPS) for stationary spark ignition internal
combustion engines, and national emission standards for hazardous air
pollutants (NESHAP) for stationary reciprocating internal combustion
engines that either are located at area sources of hazardous air
pollutant emissions or that have a site rating of less than or equal to
500 brake horsepower and are located at major sources of hazardous air
pollutant emissions, on June 12, 2006 (71 FR 33803), and received 46
comment letters on the proposal. A background information document BID)
(``Response to Public Comments on Proposed Standards of Performance for
Stationary Spark Ignition Internal Combustion Engines and National
Emission Standards for Hazardous Air Pollutants for Stationary
Reciprocating Internal Combustion Engines'') containing EPA's responses
to each public comment and the Economic Impact Analysis Report are
available in Docket ID No. EPA-HQ-OAR-2005-0030.
Organization of This Document. The following outline is provided to
aid in locating information in the preamble.
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document?
C. Judicial Review
D. Why is EPA not promulgating a final decision on existing
stationary reciprocating internal combustion engines?
II. Background
III. Summary of the Final Rule
A. What is the source category regulated by the final rule?
B. What are the pollutants regulated by the final rule?
C. What are the final standards?
D. What are the requirements for sources that are modified or
reconstructed?
E. What are the requirements for demonstrating compliance?
F. What are the reporting and recordkeeping requirements?
IV. Summary of Significant Changes Since Proposal
A. Compliance Dates
B. Distinguishing Sources Based on Size
C. Hydrocarbon Limit
D. Alternative Limits in Concentration Units
E. Emergency Engine Standards
F. Emergency Engine Definition
G. Manufacturer O&M Requirements
H. Streamlined Compliance Requirements
V. Summary of Responses to Major Comments
A. Compliance Dates
B. Final Hydrocarbon Emission Limits
C. Emergency Engine Standards
D. Emergency Engine Definition
E. Manufacturer O&M Requirements
F. Streamlined Compliance Requirements
VI. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the benefit estimates?
D. What are the economic impacts?
E. What are the non-air health, environmental and energy
impacts?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations.
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
Categories and entities potentially regulated by this action
include:
[[Page 3569]]
----------------------------------------------------------------------------------------------------------------
Category NAICS \1\ Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Any manufacturer that produces or any 2211...................... Electric power generation, transmission, or
industry using a stationary internal distribution.
combustion engine as defined in the
final rule.
622110.................... Medical and surgical hospitals.
335312.................... Motor and generator manufacturing.
333912.................... Pump and compressor manufacturing.
333992.................... Welding and soldering equipment
manufacturing.
48621..................... Natural gas transmission.
211111.................... Crude petroleum and natural gas production.
211112.................... Natural gas liquids producers.
92811..................... National security.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria of the final rule. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
B. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this final action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of these final rules is available only by filing a petition for review
in the U.S. Court of Appeals for the District of Columbia Circuit by
September 14, 2007. Under section 307(d)(7)(B) of the CAA, only an
objection to these final rules that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the CAA, the
requirements established by these final rules may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
D. Why is EPA not promulgating a final decision for existing stationary
reciprocating internal combustion engines?
In the notice of proposed rulemaking for this rule, published on
April 12, 2006, EPA proposed maximum achievable control technology
(MACT) and generally available control technology (GACT) standards of
no emission reductions for existing engines. During the comment period
following the proposal, EPA received several comments indicating that
the proposed emission standards for existing engines were not
appropriate. In addition, since the publication of the proposed
rulemaking, the U.S. Court of Appeals for the District of Columbia
Circuit issued a ruling on March 13, 2007 involving litigation on the
Brick MACT, which set emission standards for major sources. (40 CFR
part 63, subpart JJJJJ) that appears to impact EPA's ability to
finalize its proposed ``no reduction'' MACT standards for existing
sources. Sierra Club v. EPA, 479 F.3d 875 (DC Cir 2007). Among other
things, the D.C. Circuit found unlawful EPA's no emission reduction
control floors, which EPA established for categories in which the best
performers used no emission reduction control technology. Because in
the proposed rule EPA used a MACT floor methodology similar to the
methodology used in the Brick MACT, EPA intends to re-evaluate the MACT
floors for existing major sources that have a site rating of less than
or equal to 500 brake horsepower consistent with the Court's decision
in the Brick MACT case. EPA also intends to re-evaluate the standards
for existing area sources in light of the comments received on the
proposed rule.
For these reasons, this final rule does not promulgate any
standards with regards to existing engines. EPA's plan is to engage in
a separate rulemaking process that will focus on existing sources. EPA
intends to gather further information on existing engines and then
promulgate standards that will take into account the comments it has
received, the intervening court decision, and any new information EPA
receives as a part of the rulemaking process. EPA expects to propose
standards early in 2009.
II. Background
This action promulgates new source performance standards (NSPS)
that would apply to new, modified and reconstructed stationary spark
ignition (SI) internal combustion engines (ICE). New source performance
standards implement section 111(b) of the CAA, and are issued for
categories of sources which cause, or contribute significantly to, air
pollution which may reasonably be anticipated to endanger public health
or welfare. The standards apply to new stationary sources of emissions,
i.e., sources whose construction, reconstruction, or modification
begins after a standard for those sources is proposed. The NSPS for
stationary SI ICE is promulgated under 40 CFR part 60, subpart JJJJ.
This action also promulgates national emission standards for
hazardous air pollutants (NESHAP) from new and reconstructed stationary
reciprocating internal combustion engines (RICE) with a site rating of
less than or equal to 500 horsepower (HP) located at major sources, and
new and reconstructed
[[Page 3570]]
stationary RICE located at area sources. The NESHAP are promulgated
under 40 CFR part 63, subpart ZZZZ.
III. Summary of the Final Rule
A. What is the source category regulated by the final rule?
The final NSPS apply to new stationary SI ICE. A stationary
internal combustion engine means any internal combustion engine, except
combustion turbines, that converts heat energy into mechanical work and
is not mobile. Stationary ICE differ from mobile ICE in that a
stationary internal combustion engine is not a nonroad engine as
defined at 40 CFR 1068.30, and is not used to propel a motor vehicle or
a vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines. The final NESHAP apply only to stationary RICE. To our
knowledge, no rotary or other types of stationary ICE exist at this
time.
The SI NSPS address emissions from new, modified and reconstructed
stationary SI engines. An SI engine is either a gasoline-fueled engine;
or any other type of engine, with a spark plug (or other sparking
device) and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation. Dual-fuel engines in which a liquid fuel (typically diesel
fuel) is used for compression ignition and gaseous fuel (typically
natural gas) is used as the primary fuel at an annual average ratio of
less than 2 parts diesel fuel to 100 parts total fuel on an energy
equivalent basis are considered SI engines for purposes of the final
rule.
The final NESHAP address emissions from new and reconstructed
stationary engines less than or equal to 500 HP located at major
sources and all new and reconstructed stationary engines located at
area sources. A major source of HAP emissions is a plant site that
emits or has the potential to emit any single hazardous air pollutant
(HAP) at a rate of 10 tons (9.07 megagrams) or more per year or any
combination of HAP at a rate of 25 tons (22.68 megagrams) or more per
year, except that for oil and gas production facilities, a major source
of HAP emissions is determined for each surface site. An area source of
HAP emissions is a source that is not a major source.
If you are an owner or operator of an area source subject to the
final rule, you are exempt from the obligation to obtain a permit under
40 CFR part 70 or 71, provided you are not required to obtain a permit
under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason other than your
status as an area source under the final rule.
1. SI NSPS
New source performance standards for stationary SI engines are
issued under section 111(b) of the CAA. All new, modified and
reconstructed stationary SI engines are covered regardless of size. The
NSPS apply to stationary SI engines combusting any fuel (natural gas,
gasoline, liquefied petroleum gas (LPG), compressed natural gas,
landfill gas, digester gas, and any other applicable fuel). New source
performance standards require these sources to control emissions to the
level achievable by best demonstrated technology (BDT), considering
costs and any non-air quality health and environmental impacts and
energy requirements.
Under section 111 of the CAA, 42 U.S.C. 7411, the Administrator is
required to publish, and periodically update, a list of source
categories that in his or her judgment cause, or contribute
significantly to, air pollution which may reasonably be anticipated to
endanger public health or welfare. This list appears in 40 CFR 60.16.
The list reflects the Administrator's determination that emissions from
the listed source categories contribute significantly to air pollution
that may reasonably be anticipated to endanger public health or
welfare, and it is intended to identify major source categories for
which standards of performance are to be promulgated.
EPA has determined that for purposes of NSPS regulations, the
stationary internal combustion engine source category should be split
into two source categories--SI engines and compression ignition (CI)
engines. Final NSPS for stationary CI engines were published on July
11, 2006 (71 FR 39154).
2. NESHAP
The NESHAP portion of this action is a revision to the regulations
in 40 CFR part 63, subpart ZZZZ, currently applicable to stationary
RICE greater than 500 HP located at major sources, which were
promulgated in 2004. When the subpart ZZZZ of 40 CFR part 63
regulations were promulgated in 2004 (69 FR 33474), EPA deferred
promulgating regulations with respect to stationary engines 500 HP or
less at major sources until further information on the engines could be
obtained and analyzed. It was decided to regulate these smaller engines
at the same time as EPA regulates engines located at area sources.
This action revises 40 CFR part 63, subpart ZZZZ, in order to
address HAP emissions from new and reconstructed stationary RICE less
than or equal to 500 HP located at major sources and new and
reconstructed stationary RICE located at area sources. For stationary
engines less than or equal to 500 HP at major sources, EPA must
determine what is the appropriate MACT for those engines under section
112(d)(3) of the CAA.
For stationary engines located at area sources, EPA has the
flexibility to promulgate standards based on GACT under CAA section
112(d)(5). EPA listed stationary RICE located at area sources under
sections 112(c)(3) and 112(k) of the CAA, and consistent with section
112(c)(3) is establishing standards for the source category in this
final rule. The criteria relevant to EPA's listing of this area source
category is set forth in the Urban Air Toxics Strategy described in the
paragraph below.
On July 19, 1999, EPA announced in the Federal Register its plan
for addressing exposure to air toxics in urban areas. The strategy
addressed sections 112(c)(3) and 112(k)(3)(B)(ii) of the CAA that
instruct EPA to identify not less than 30 HAP which, as the result of
emissions from area sources, present the greatest threat to public
health in the largest number of urban areas, and to list sufficient
area source categories or subcategories to ensure that emissions
representing 90 percent of the 30 listed HAP are subject to regulation.
The strategy included a list of 30 HAP judged to pose the greatest
potential threat to public health in the largest number of urban areas
(the urban HAP). In the strategy, EPA also listed the area source
categories that account for 90 percent of the urban HAP emissions. EPA
listed the stationary internal combustion engine source category under
section 112(c)(3) and (k) for the following urban HAP: 7 PAH,
acetaldehyde, arsenic, benzene, beryllium compounds, cadmium compounds
and formaldehyde. Pursuant to section 112(c), the listed area source
categories shall be subject to standards under section 112(d) of the
CAA.
3. Differentiation by Fuel Type
The final rule differentiates between gasoline, LPG, natural gas,
and digester and landfill gas. Gasoline and LPG are fuels more commonly
used in nonroad engines than stationary engines. Nonroad SI engines
less than or equal to 19 kilowatt (KW) (25 HP) typically use gasoline.
It is estimated that about 68 percent of SI nonroad engines above 19 KW
(25 HP) use LPG. A smaller
[[Page 3571]]
percentage of nonroad SI engines above 19 KW (25 HP) use gasoline
(about 23 percent) and even less use compressed natural gas (about 9
percent). Natural gas fuel is more common in larger, stationary
applications. Natural gas engines refer to all gaseous-fueled engines
except those fueled by landfill and digester gas. Natural gas is
primarily composed of methane and typically contains very low levels of
sulfur. Other fuels used with stationary SI engines are landfill and
digester gases. These gases are by-products of wastewater treatment and
land application of municipal reuse. Landfill and digester gases, which
are formed through anaerobic decomposition of organic materials, are
principally comprised of methane and carbon dioxide, but small
quantities of other compounds such as hydrogen sulfide, ammonia,
volatile organic compounds, and particulate matter (PM) may also be
present. Although similar in composition to natural gas, there are some
differences in the emissions from combustion of landfill and digester
gases due to e.g., chlorinated compounds are typically not found in
natural gas. Both landfill and digester gases contain a family of
silicon-based gases collectively called siloxanes. Combustion of
siloxanes forms compounds that have been known to foul fuel systems,
combustion chambers, and post-combustion catalysts.
B. What are the pollutants regulated by the final rule?
The pollutants to be regulated by the final NSPS for stationary SI
engines are nitrogen oxides (NOX), carbon monoxide (CO), and
volatile organic compounds (VOC). In addition, a sulfur limit on
gasoline is being finalized.
The final NESHAP regulate HAP (for areas sources, the NESHAP
regulates the seven urban HAP listed above) through formaldehyde, CO,
or VOC which EPA has established are appropriate surrogates for HAP
emissions from certain engine types.
C. What are the final standards?
A description of the final standards is provided in the following
sections.
1. SI NSPS
a. Stationary SI Engines <=19 KW (25 HP). The final standards
affect manufacturers, owners, and operators of stationary SI engines.
Engine manufacturers must certify their stationary SI engines with a
maximum engine power less than or equal to 19 KW (25 HP) that are
manufactured after July 1, 2008, to the certification emission
standards for new nonroad SI engines in 40 CFR part 90, as applicable.
The standards applicable to these engines are summarized in Table 1 of
this preamble.
Table 1.--NOX, HC, NMHC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Stationary SI Engines <=19 KW (25
HP)
----------------------------------------------------------------------------------------------------------------
Emission standards in g/KW-hr (g/HP-hr) b
Engine class a -----------------------------------------------
HC+NOX NMHC+NOX c CO
----------------------------------------------------------------------------------------------------------------
I............................................................... 16.1 14.8 610
(12.0) (11.0) (455)
I-A............................................................. 50 ..............
37 ..............
I-B............................................................. 40 37
(30) (27.6)
II.............................................................. 12.1 11.3
(9.0) (8.4)
----------------------------------------------------------------------------------------------------------------
a Class I-A: Engines with displacement less than 66 cubic centimeters (cc); Class I-B: Engines with displacement
greater than or equal to 66 cc and less than 100 cc; Class I: Engines with displacement greater than or equal
to 100 cc and less than 225 cc; Class II: Engines with displacement greater than or equal to 225 cc.
b Modified and reconstructed engines manufactured prior to July 1, 2008, must meet the standards applicable to
engines manufactured after July 1, 2008.
c NMHC+NOX standards are applicable only to natural gas fueled engines at the option of the manufacturer, in
lieu of HC+NOX standards.
b. Stationary Non-Emergency SI Gasoline Engines >19 KW (25 HP) and
Rich Burn LPG Engines >19 KW (25 HP). Engine manufacturers must certify
their stationary non-emergency SI engines with a maximum engine power
greater than 19 KW (25 HP) and less than 500 HP that use gasoline or
rich burn engines greater than 19 KW (25 HP) and less than 500 HP that
use LPG that are manufactured after July 1, 2008, to the certification
emission standards for new nonroad SI engines in 40 CFR part 1048, as
applicable. Engine manufacturers must certify their stationary non-
emergency SI engines with a maximum engine power greater than or equal
to 500 HP that use gasoline or rich burn engines greater than or equal
to 500 HP that use LPG that are manufactured after July 1, 2007, to the
certification emission standards for new nonroad SI engines in 40 CFR
part 1048. The standards applicable to manufacturers of non-emergency
engines greater than 19 KW (25 HP) that are gasoline or rich burn
engines that use LPG are summarized in Table 2 of this preamble.
Table 2.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Manufacturers of Stationary Non-Emergency
SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG Engines >19 KW (25 HP)
----------------------------------------------------------------------------------------------------------------
Emission requirement in g/KW-hr
(g/HP-hr) a, b
Maximum engine power Manufacture date ---------------------------------
HC+NOX CO
----------------------------------------------------------------------------------------------------------------
25=500 d.................................... July 1, 2007................... 2.7 4.4
(2.0) (3.3)
July 1, 2007................... 2.7 130.0
(severe duty e)................ (2.0) (97.0)
----------------------------------------------------------------------------------------------------------------
a You may optionally certify your engines according to the following formula instead of the standards in Table 2
of this preamble: (HC+NOX) CO0.784<=8.57. The HC+NOX and CO emission levels you select to satisfy this
formula, rounded to the nearest 0.1 g/KW-hr, become the emission standards that apply for those engines. You
may not select an HC+NOX emission standard higher than 2.7 g/KW-hr or a CO emission standard higher than 20.6
g/KW-hr.
b Provisions in 40 CFR part 1048 allow engines with a maximum engine power at or below 30 KW (40 HP) with a
total displacement at or below 1,000 cubic centimeters (cc) to comply with the requirements of 40 CFR part 90.
c Modified and reconstructed engines between 25 and 500 HP manufactured prior to July 1, 2008, must meet the
standards applicable to engines manufactured after July 1, 2008.
d Modified and reconstructed engines greater than or equal to 500 HP manufactured prior to July 1, 2007, must
meet the standards applicable to engines manufactured after July 1, 2007.
e Severe-duty engines are engines used in, for example, concrete saws, concrete pumps, and similar severe
applications where air-cooled engines must be used. There are expected to be very few, if any, severe-duty
stationary engines.
In addition to the emission standards shown in Table 2 of this
preamble, there are separate field testing standards required under 40
CFR part 1048 that are part of the certification requirements for
engine manufacturers.
c. Stationary Non-Emergency SI Natural Gas Engines 19X, HC, and
CO emission standards in 40 CFR 1048.101(c), as summarized in Table 3
of this preamble.
Table 3.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Owners/Operators of Stationary Non-
Emergency SI Natural Gas Engines 19=100 HP and
Lean Burn LPG Engines >=100 HP. Owners and operators who purchase
stationary SI engines with a maximum engine power between 100 HP and
500 HP that are natural gas engines or lean burn engines using LPG that
are manufactured between July 1, 2008 and January 1, 2011, must limit
their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of
CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr. Owners and
operators may as an alternative limit their exhaust emissions of
NOX to 160 parts per million by volume, dry basis (ppmvd) at
15 percent oxygen (O2), emissions of CO to 540 ppmvd at 15
percent O2, and emissions of VOC to 86 ppmvd at 15 percent
O2 instead of the g/HP-hr limits.
[[Page 3573]]
Stationary SI engines with a maximum engine power between 100 HP
and 500 HP that are natural gas engines or lean burn engines using LPG
that are manufactured after January 1, 2011, must limit their exhaust
emissions of NOX to 1.0 g/HP-hr, emissions of CO to 2.0 g/
HP-hr, and emissions of VOC to 0.7 g/HP-hr. Again, owners and operators
may as an alternative limit their exhaust emissions of NOX
to 82 ppmvd at 15 percent O2, emissions of CO to 270 ppmvd
at 15 percent O2, and emissions of VOC to 60 ppmvd at 15
percent O2 instead of the g/HP-hr limits.
Owners and operators who purchase stationary SI engines with a
maximum engine power greater than or equal to 500 HP that are natural
gas engines or lean burn engines using LPG that are manufactured after
July 1, 2007, must limit their exhaust emissions of NOX to
2.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to
1.0 g/HP-hr, except that these standards apply to lean burn engines
between 500 and 1,350 HP manufactured after January 1, 2008. Instead of
complying with limits in terms of g/HP-hr, owners and operators may
limit their exhaust emissions of NOX to 160 ppmvd at 15
percent O2, emissions of CO to 540 ppmvd at 15 percent
O2, and emissions of VOC to 86 ppmvd at 15 percent
O2.
Stationary SI engines with a maximum engine power greater than or
equal to 500 HP that are natural gas engines or lean burn engines using
LPG that are manufactured after July 1, 2010, must limit their exhaust
emissions of NOX to 1.0 g/HP-hr, emissions of CO to 2.0 g/
HP-hr, and emissions of VOC to 0.7 g/HP-hr. Instead of complying with
limits in terms of g/HP-hr, owners and operators may limit their
exhaust emissions of NOX to 82 ppmvd at 15 percent
O2, emissions of CO to 270 ppmvd at 15 percent
O2, and emissions of VOC to 60 ppmvd at 15 percent
O2.
Engine manufacturers may voluntarily certify their stationary non-
emergency SI natural gas engines greater than or equal to 100 HP and
lean burn LPG engines greater than or equal to 100 HP, but the
certification is not required by the rule. Additionally, for natural
gas engines below 500 HP manufactured prior to January 1, 2011, and
natural gas engines greater than or equal to 500 HP manufactured prior
to July 1, 2010, engine manufacturers may choose to certify their
engines to the standards for non-severe duty engines in 40 CFR part
1048 (see Table 2 of this preamble).
A summary of the emission standards that apply to stationary non-
emergency SI natural gas engines greater than or equal to 100 HP and
lean burn LPG engines greater than or equal to 100 HP are shown in
Table 4 of this preamble.
For lean burn LPG engines greater than or equal to 100 HP,
manufacturers may certify these engines to the certification emission
standards in 40 CFR part 1048 instead of the emission standards shown
in Table 4 of this preamble.
Table 4.--NOX, CO, and VOC Emission Standards for Stationary SI Engines >=100 HP (Except Gasoline and Rich Burn
LPG), Stationary SI Landfill/Digester Gas Engines, and Stationary Emergency Engines >25 HP
----------------------------------------------------------------------------------------------------------------
Emission standards \a\
-----------------------------------------------
Engine type and fuel Maximum engine Manufacture g/HP-hr ppmvd at 15% O2
power date -----------------------------------------------
NOX CO VOC NOX CO VOC
----------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas 100<=HP<500....... 7/1/2008 2.0 4.0 1.0 160 540 86
and Non-Emergency SI Lean Burn
LPG.
1/1/2011 1.0 2.0 0.7 82 270 60
Non-Emergency SI Lean Burn 500>=HP<1,350..... 1/1/2008 2.0 4.0 1.0 160 540 86
Natural Gas and LPG.
7/1/2010 1.0 2.0 0.7 82 270 60
Non-Emergency SI Natural Gas HP>=500........... 7/1/2007 2.0 4.0 1.0 160 540 86
and Non-Emergency SI Lean Burn
LPG (except lean burn
500>=HP<1,350).
HP>=500........... 7/1/2010 1.0 2.0 0.7 82 270 60
Landfill/Digester Gas (except HP<500............ 7/1/2008 3.0 5.0 1.0 220 610 80
lean burn 500>=HP<1,350).
1/1/2011 2.0 5.0 1.0 150 610 80
HP>=500........... 7/1/2007 3.0 5.0 1.0 220 610 80
7/1/2010 2.0 5.0 1.0 150 610 80
Landfill/Digester Gas lean burn 500>=HP<1,350..... 1/1/2008 3.0 5.0 1.0 220 610 80
7/1/2010 2.0 5.0 1.0 150 610 80
Emergency...................... 25>HP<130......... 1/1/2009 \b\ 10 387 N/A N/A N/A N/A
HP>=130........... ........... 2.0 4.0 1.0 160 540 86
----------------------------------------------------------------------------------------------------------------
\a\ Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards
in units of either g/HP-hr or ppmvd at 15 percent O2.
\b\ The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX+HC.
e. Stationary SI Landfill/Digester Gas Engines. Owners and
operators who purchase stationary landfill or digester SI engines that
are manufactured after July 1, 2007, that are greater than or equal to
500 HP must limit their exhaust emissions of NOX to 3.0 g/
HP-hr, emissions of CO to 5.0 g/HP-hr, and emissions of VOC to 1.0 g/
HP-hr, except that these standards apply to lean burn engines between
500 and 1,350 HP manufactured after January 1, 2008. Instead of
complying with limits in terms of g/HP-hr, owners and operators may
limit their exhaust emissions of NOX to 220 ppmvd at 15
percent O2, emissions of CO to 610 ppmvd at 15 percent
O2, and emissions of VOC to 80 ppmvd at 15 percent
O2.
Stationary landfill and digester gas SI engines greater than or
equal to 500 HP that are manufactured after July 1, 2010, must limit
their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of
CO to 5.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr. Instead of
complying with limits in terms of g/HP-hr, owners and operators may
limit their exhaust emissions of NOX to 150 ppmvd at 15
percent O2, emissions of CO to 610 ppmvd at 15 percent
O2, and emissions of VOC to 80 ppmvd at 15 percent
O2.
[[Page 3574]]
Stationary SI engines that use landfill or digester gas that are
less than 500 HP are given an extra 12 months to comply with the
standards. The first stage of limits of 3.0, 5.0, and 1.0 g/HP-hr, for
NOX, CO, and VOC, respectively (or 220, 610, and 80 ppmvd at
15 percent O2), applies to landfill and digester gas engines
manufactured after July 1, 2008. The second stage of limits of 2.0,
5.0, and 1.0 g/HP-hr, for NOX, CO, and VOC, respectively (or
150, 610, and 80 ppmvd at 15 percent O2), applies to
landfill and digester gas engines manufactured after January 1, 2011.
The emission standards applicable to stationary SI landfill and
digester gas engines are shown in Table 4 of this preamble.
Engine manufacturers may voluntarily certify their stationary SI
landfill and digester gas engines to the emission standards in Table 4
of this preamble, but the certification is not required by the final
rule.
f. Stationary Emergency SI Engines >19 KW (25 HP). For stationary
SI engines greater than 25 HP that are emergency engines, the final
rule sets a single stage of emission limits; however, EPA has
determined that it is appropriate to have separate standards for
stationary emergency engines above and below 130 HP.
Owners and operators who purchase stationary emergency engines
greater than 25 HP and less than 130 HP that are manufactured after
January 1, 2009, must limit their exhaust emissions of
HC+NOX to 10.0 g/HP-hr and emissions of CO to 387 g/HP-hr.
These standards are consistent with the Phase I emission standards for
Class II nonroad engines in 40 CFR part 90.
Owners and operators who purchase stationary emergency engines
greater than or equal to 130 HP that are manufactured after January 1,
2009, must limit their exhaust emissions of NOX to 2.0 g/HP-
hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-
hr. Instead of complying with limits in terms of g/HP-hr, owners and
operators may limit the exhaust emissions from their emergency engines
to 160 ppmvd of NOX at 15 percent O2, 540 ppmvd
of CO at 15 percent O2, and 86 ppmvd of VOC at 15 percent
O2.
Engine manufacturers may voluntarily certify their stationary
emergency SI engines greater than 25 HP, but the certification is not
required by the rule, except for manufacturers of gasoline or LPG rich
burn emergency engines, who must certify their engines to the standards
in 40 CFR part 90 (for engines below 130 HP) or 40 CFR part 1048 (for
engines at or above 130 HP--see Table 2 of this preamble).
g. Fuel Requirements. In addition to emission standards, the final
rule requires that owners and operators who use gasoline in their
stationary SI engine must use gasoline that meets the requirements of
40 CFR 80.195. The requirements include a gasoline sulfur per gallon
cap of 80 parts per million (ppm).
2. NESHAP
a. Engines <=500 HP at Major Sources. Owners and operators of new
and reconstructed stationary SI engines with a site rating of equal to
or less than 500 HP located at a major source of HAP emissions (except
new or reconstructed 4-stroke lean burn (4SLB) stationary RICE with a
site rating of greater than or equal to 250 and less than or equal to
500 brake HP located at major source of HAP emissions), must meet the
requirements of the final SI NSPS (40 CFR part 60, subpart JJJJ). Thus,
if the owners and operators are in compliance with 40 CFR part 60,
subpart JJJJ, they would also be in compliance with 40 CFR part 63,
subpart ZZZZ, for engines equal to or less than 500 HP located at a
major source (except for 4SLB engines greater than or equal to 250 and
less than or equal to 500 brake HP located at a major source). The
requirements that apply under 40 CFR part 60, subpart JJJJ, were
discussed in the previous section of this preamble.
Similarly, owners and operators of new and reconstructed stationary
CI engines with a site rating of equal to or less than 500 HP located
at a major source of HAP emissions must meet the requirements of the
final CI NSPS (40 CFR part 60, subpart IIII). If the owners and
operators are in compliance with 40 CFR part 60, subpart IIII, they
would also be in compliance with 40 CFR part 63, subpart ZZZZ, for
engines equal to or less than 500 HP located at a major source.
Owners and operators of new or reconstructed 4SLB SI stationary
engines with a site rating of greater than or equal to 250 and less
than or equal to 500 brake HP located at a major source are required to
either reduce CO emissions by 93 percent or more, or limit the
concentration of formaldehyde in the stationary engine exhaust to 14
ppmvd or less, at 15 percent O2. These engines would also be
required to meet the requirements in the final SI NSPS, but do not have
to comply with the CO emission standards of the SI NSPS if in
compliance with the NESHAP.
b. Engines at Area Sources. Owners and operators of new and
reconstructed stationary engines located at area sources of HAP
emissions must meet the requirements of the final CI NSPS (40 CFR part
60, subpart IIII) or SI NSPS (40 CFR part 60, subpart JJJJ), as
appropriate. If the owners and operators are in compliance with either
40 CFR part 60, subpart IIII or JJJJ, as appropriate, they would also
be in compliance with 40 CFR part 63, subpart ZZZZ, for new and
reconstructed engines located at an area source.
D. What are the requirements for sources that are modified or
reconstructed?
1. SI NSPS
The final standards apply to stationary SI engines subject to the
SI NSPS that are modified or reconstructed after June 12, 2006. The
definitions for modification and reconstruction are given in 40 CFR
60.14 and 40 CFR 60.15, respectively. A stationary engine that is
overhauled as part of a maintenance program is not considered a
modification if there is no increase in emissions.
Stationary SI ICE less than or equal to 19 KW (25 HP) manufactured
prior to July 1, 2008, that are modified or reconstructed after June
12, 2006, are required to meet the standards that apply to engines
manufactured after July 1, 2008 (January 1, 2009 for emergency
engines).
Stationary SI gasoline and rich burn LPG engines between 25 HP and
500 HP manufactured prior to July 1, 2008, that are modified or
reconstructed after June 12, 2006, are required to meet the standards
applicable to engines manufactured after July 1, 2008 (January 1, 2009
for emergency engines).
Stationary SI natural gas and lean burn LPG engines greater than 25
HP and less than 100 HP manufactured prior to July 1, 2008, that are
modified or reconstructed after June 12, 2006, are required to meet the
NOX, HC, and CO emission standards in 40 CFR 1048.101(c), as
summarized in Table 3 of this preamble.
Stationary SI gasoline and rich burn LPG engines greater than or
equal to 500 HP manufactured prior to July 1, 2007, that are modified
or reconstructed after June 12, 2006, are required to meet the
standards applicable to engines manufactured after July 1, 2007.
Stationary SI natural gas and lean burn LPG engines greater than or
equal to 100 HP and less than 500 HP manufactured prior to July 1,
2008, that are modified or reconstructed after June 12, 2006, are
required to meet a NOX emission standard of 3.0 g/HP-hr, a
CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Instead
of meeting emission standards in terms of
[[Page 3575]]
g/HP-hr, owners and operators may meet NOX, CO, and VOC
emission standards of 250, 540, and 86 ppmvd at 15 percent
O2, respectively.
Stationary non-emergency SI natural gas and lean burn LPG engines
greater than or equal to 500 HP manufactured prior to July 1, 2007, (or
January 1, 2008, for lean burn natural gas engines greater than or
equal to 500 HP and less than 1,350 HP) that are modified after June
12, 2006, are required to meet a NOX emission standard of
3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/
HP-hr. Again, instead of meeting emission standards in terms of g/HP-
hr, owners and operators may meet NOX, CO, and VOC emission
standards of 250, 540, and 86 ppmvd at 15 percent O2,
respectively.
Stationary SI landfill and digester gas engines less than 500 HP
manufactured prior to July 1, 2008, that are modified or reconstructed
after June 12, 2006, are required to meet a NOX emission
standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a VOC
standard of 1.0 g/HP-hr.
Stationary SI landfill and digester gas engines greater than or
equal to 500 HP manufactured prior to July 1, 2007, that are modified
after June 12, 2006, are required to meet a NOX emission
standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a VOC
standard of 1.0 g/HP-hr. For all modified and reconstructed SI landfill
and digester gas engines, instead of meeting emission standards in
terms of g/HP-hr, owners and operators may meet NOX, CO, and
VOC emission standards of 220, 610, and 80 ppmvd at 15 percent
O2.
Stationary SI emergency engines greater than or equal to 130 HP
manufactured prior to January 1, 2009, that are modified or
reconstructed after June 12, 2006, are required to meet a
NOX emission standard of 3.0 g/HP-hr, a CO standard of 4.0
g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Instead of meeting emission
standards in terms of g/HP-hr, owners and operators may meet
NOX, CO, and VOC emission standards of 250, 540, and 86
ppmvd at 15 percent O2. Stationary SI emergency engines
between 25 HP and 130 HP manufactured prior to January 1, 2009, that
are modified or reconstructed after June 12, 2006, are required to meet
a HC+NOX emission standard of 10.0 g/HP-hr and a CO standard
of 387 g/HP-hr.
2. NESHAP
Similar concepts as those discussed above apply to engines subject
to 40 CFR part 63 regulations; however, the concept of modification is
not included in 40 CFR part 63. The final standards apply to stationary
engines subject to the NESHAP that commence reconstruction on or after
June 12, 2006, and the reconstruction criteria are provided in 40 CFR
63.2.
E. What are the requirements for demonstrating compliance?
The following sections describe the requirements for demonstrating
compliance under the stationary SI NSPS and NESHAP.
1. SI NSPS
Owners and operators subject to the emission standards specified in
the final rule who use stationary SI engines with a maximum engine
power of less than or equal to 19 KW (25 HP) or who use stationary SI
engines with a maximum engine power greater than 19 KW (25 HP) and use
gasoline or are rich burn engines greater than 19 KW (25 HP) using LPG
must demonstrate compliance by using an engine certified to the
emission standards specified in 40 CFR part 90 or 1048, as applicable.
Owners and operators subject to the final rule who use stationary
SI engines with a maximum engine power greater than 19 KW (25 HP) that
use fuels other than gasoline and that are not rich burn engines
greater than 19 KW (25 HP) that use LPG, must demonstrate compliance by
either using an engine certified to the emission standards specified in
Tables 3 or 4 of this preamble, as applicable, or by conducting an
initial performance test (and potentially subsequent performance
testing depending on the engine size) to demonstrate compliance with
the emission standards.
Owners and operators of all stationary engines subject to the
requirements of the SI NSPS must keep records of maintenance conducted
on the engine. Owners and operators of stationary non-certified
engines, which include certified engines operating in a non-certified
manner, must keep a maintenance plan. Owners and operators of certified
engines may demonstrate compliance by operating and maintaining their
stationary engine and aftertreatment control device (if any) according
to the manufacturer's emission-related written instructions and do not
have to conduct any performance testing.
Owners and operators of certified engines who do not follow the
manufacturer's emission-related operation and maintenance procedures
will be considered non-certified engines and will be subject to
performance testing. Certified engines operating in a non-certified
manner that are less than 100 HP do not have to conduct performance
testing to demonstrate compliance. Certified engines operating in a
non-certified manner that are greater than or equal to 100 HP and less
than or equal to 500 HP, however, must conduct an initial performance
test within the first year of engine operation to demonstrate
compliance with the emission standards. Finally, certified engines
operating in a non-certified manner that are greater than 500 HP must
conduct a performance test within the first year of operation and every
8,760 hours of operation or 3 years thereafter to demonstrate
compliance. Owners and operators of engines that have never been
certified that are greater than 25 HP and less than or equal to 500 HP
must conduct an initial performance test to demonstrate compliance with
the emission standards. As mentioned, all engines are subject to
recordkeeping of maintenance, which includes these engines. Owners and
operators of engines that have never been certified that are greater
than 500 HP must conduct an initial performance test to demonstrate
compliance and must test every 8,760 hours of operation or 3 years
after that.
Manufacturers of stationary SI engines required to certify their
engines must demonstrate compliance by certifying that their stationary
SI engines meet the emission standards, as specified in 40 CFR part 60,
subpart JJJJ, as applicable, using the certification procedures in
subpart B of 40 CFR part 90 or subpart C of 40 CFR part 1048, as
applicable, and must test their engines as specified in those parts.
Manufacturers who conduct voluntary certification must follow the same
test procedures that apply to large SI nonroad engines under 40 CFR
part 1048, but must use the D-1 cycle in International Organization for
Standardization (ISO) 8178-4: 1996(E) for stationary engines or the
test cycle requirements specified in Table 5 to 40 CFR 1048.505, except
that Table 5 to 40 CFR 1048.505 applies to high load engines only.
Manufacturers who opt to voluntarily certify their stationary SI
engines to the emission standards specified in this subpart must
certify their engines using fuel that meets the definition of pipeline-
quality natural gas, which according to the definition must be composed
of at least 70 percent methane by volume or have a gross calorific
value between 950 and 1,100 British thermal units per standard cubic
foot.
If the manufacturer chooses to certify its stationary SI engines to
another fuel, the manufacturer must specify the properties of that fuel
and what adjustments the owner or operator must make to the engine
during installation in the field in order to meet the
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emission standards. The manufacturer must also perform certification
testing on the engine on that fuel, as it would if it was certifying to
pipeline-quality natural gas, in order to assure compliance with the
emission standards. Manufacturers who conduct voluntary certification
of stationary SI ICE must also provide instructions to the owner and
operator for configuring the stationary engine to meet the emission
standards on fuels that meet the pipeline-quality natural gas
specifications and fuels that do not meet the pipeline-quality natural
gas specifications. The manufacturer must provide information to the
owner and operator of the certified stationary SI engine regarding the
particular fuels to which the engine is certified, and instructions
regarding configuring the engine in a manner most appropriate for
reducing pollutant emissions for engines operating on such fuels.
EPA allows owners and operators of natural gas engines to use
propane as back up fuel for emergency purposes for no more than 100
hours per year. If propane is used for more than 100 hours per year in
an engine that is not certified to the emission standards when using
propane, the owners and operators are required to conduct a performance
test to demonstrate compliance with the emission standards.
Owners and operators that operate engines that have been certified
by the engine manufacturer are not required to perform any performance
testing unless the engine is operated outside of the fuel properties or
emission-related operation and maintenance procedures specified by the
manufacturer. If the owner or operator uses fuels that are outside of
the fuel specifications or does not follow the emission-related
adjustments or maintenance requirements specified by the manufacturer,
the engine is no longer considered a certified engine and the owner or
operator must test the engine to demonstrate compliance.
Regarding stationary rich burn engines operating with three-way
catalysts or non-selective catalytic reduction, EPA expects that air-
to-fuel ratio controllers will be used in conjunction with the control
device. The AFR controller must be operated in an appropriate manner to
ensure proper operation of the engine and control device in order to
minimize emissions.
2. NESHAP
For most engines (i.e. except those discussed in the following
paragraph), owners and operators of new and reconstructed stationary SI
RICE equal to or less than 500 HP located at a major source of HAP
emissions and stationary RICE located at an area source, will be able
to demonstrate compliance with the NESHAP if they meet the requirements
of the final SI NSPS (40 CFR part 60, subpart JJJJ). Similarly, owners
and operators of new and reconstructed stationary CI engines with a
site rating of equal to or less than 500 HP located at a major source
of HAP emissions, will be able to demonstrate compliance with the
NESHAP if they meet the requirements of the final CI NSPS (40 CFR part
60, subpart IIII). If the owners and operators are in compliance with
40 CFR part 60, subpart JJJJ or IIII, as applicable, they will also be
in compliance with 40 CFR part 63, subpart ZZZZ, for engines equal to
or less than 500 HP located at a major source. The compliance
requirements that apply under 40 CFR part 60, subpart JJJJ, were
discussed in the previous section. For the majority of stationary CI
engines, all that is required under 40 CFR part 60, subpart IIII, is
that the owner or operator purchase a certified stationary CI engine
and operate it properly and according to the manufacturer's
specifications.
Owners and operators of new or reconstructed 4SLB stationary RICE
greater than or equal to 250 HP and less than or equal to 500 brake HP
located at major source are required to follow the compliance
requirements specified in 40 CFR part 63, subpart ZZZZ, consistent with
the compliance requirements for 4SLB stationary RICE greater than 500
HP located at a major source. Those compliance requirements include
demonstrating compliance by conducting an initial performance test.
These engines must also conduct a subsequent performance test
semiannually if they are complying with the requirement to reduce CO
emissions and not using a continuous emissions monitoring system, and
if they are complying with the requirement to limit the concentration
of formaldehyde in the stationary engine exhaust. Under the NESHAP,
these engines must either reduce CO emissions or limit the
concentration of formaldehyde. In addition, these engines would be
required to meet the requirements in the final SI NSPS. However, these
engines do not have to comply with the CO emission standards of the SI
NSPS if in compliance with the NESHAP.
F. What are the reporting and recordkeeping requirements?
The following sections describe the reporting and recordkeeping
requirements that are required under the SI NSPS and the NESHAP.
1. SI NSPS
Owners and operators of all engines (certified and non-certified)
are required to maintain records of proper maintenance and non-
certified engines must keep a maintenance plan. An initial notification
is required for owners and operators of engines greater than 500 HP
that are non-certified. Also, owners and operators who conduct
performance testing are required to report the test results within 60
days of each performance test.
Owners and operators of emergency engines are required to keep
records of their hours of operation. For emergency engines greater than
or equal to 130 HP, this requirement starts for engines manufactured
after the point when more stringent emission standards take effect for
non-emergency engines, either in July 2010 or January 2011, depending
on the power rating of the engine. For emergency engines below 130 HP,
the requirement to keep records of the hours of operation begins for
all engines manufactured after January 1, 2009. Owners and operators of
emergency engines must install a non-resettable hour meter on their
engines to record the necessary information. Emergency stationary
engines may be operated for the purpose of maintenance checks and
readiness testing, provided that the tests are recommended by the
Federal, State or local government, the manufacturer, the vendor, or
the insurance company associated with the engine. Maintenance checks
and readiness testing of such units is limited to 100 hours per year.
Owners and operators can 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. A
petition is not required if the hours beyond 100 hours per year for
maintenance and testing purposes are mandated by regulation such as
State or local requirements. There is no time limit on the use of
emergency stationary engines in emergency situations, however, the
owner or operator is required to record the length of operation and the
reason the engine was in operation during that time. Records must be
maintained documenting why the engine was operating to ensure the 100
hours per year limit for maintenance and testing operation is not
exceeded. In addition, owners and operators are allowed to operate
their emergency en