Standards of Performance for Stationary Compression Ignition and Spark Ignition Internal Combustion Engines, 32612-32634 [2010-12911]
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32612
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 1039, 1042, 1065, and
1068
[EPA–HQ–OAR–2010–0295, FRL–9156–4]
RIN 2060–AP67
Standards of Performance for
Stationary Compression Ignition and
Spark Ignition Internal Combustion
Engines
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing revisions to
the standards of performance for new
stationary compression ignition internal
combustion engines under section
111(b) of the Clean Air Act. The
proposed rule would implement more
stringent standards for stationary
compression ignition engines with
displacement greater than or equal to 10
liters per cylinder and less than 30 liters
per cylinder, consistent with recent
revisions to standards for similar mobile
source marine engines. The action also
proposes to provide additional
flexibility to owners and operators of
affected engines, and would correct
minor mistakes in the initial standards
of performance. In addition, the action
proposes revisions to the requirements
for engines with displacement at or
above 30 liters per cylinder to align
more closely with recent standards for
similar mobile source marine engines,
and for engines in rural portions of
Alaska that are not accessible by the
Federal Aid Highway System. Finally,
the proposal would make minor
revisions to the standards of
performance for new stationary spark
ignition internal combustion engines to
mirror certain revisions proposed for
compression ignition engines, which
would provide consistency where
appropriate for the regulation of
stationary internal combustion engines.
The proposed standards would reduce
nitrogen oxides by an estimated 1,100
tons per year, particulate matter by an
estimated 38 tons per year, and
hydrocarbons by an estimated 18 tons
per year by the year 2030.
DATES: Comments must be received on
or before August 9, 2010.
Public Hearing. If anyone contacts us
requesting to speak at a public hearing
by June 28, 2010, a public hearing will
be held beginning at 10 am on July 8,
2010. If you are interested in attending
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the public hearing, contact Ms. Pamela
Garrett at (919) 541–7966 to verify
whether or not a hearing will be held.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2010–0295, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a
total of two copies. EPA requests a
separate copy also be sent to the contact
person identified below (see FOR
FURTHER INFORMATION CONTACT). In
addition, please mail a copy of your
comments on the information collection
provisions to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, Attn: Desk
Officer for EPA, 735 17th St., NW.,
Washington, DC 20503.
• Hand Delivery: Air and Radiation
Docket and Information Center, U.S.
EPA, Room B102, 1301 Constitution
Avenue, NW., Washington, DC. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2010–
0295. We also rely on documents in
Docket ID Nos. EPA–HQ–OAR–2005–
0029 and EPA–HQ–OAR–2003–0190
and incorporate those dockets into the
record for this proposed rule. EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Public Hearing: If a public hearing is
held, it will be held at EPA’s campus
located at 109 T.W. Alexander Drive in
Research Triangle Park, NC or an
alternate site nearby.
Docket: EPA has established a docket
for this action under Docket ID No.
EPA–HQ–OAR–2010–0295. All
documents in the docket are listed in
the https://www.regulations.gov index.
We also rely on documents in Docket ID
Nos. EPA–HQ–OAR–2005–0029 and
EPA–HQ–OAR–2003–0190, and
incorporate those dockets into the
record for this proposed rule. 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,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC,
EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Melanie King, Energy Strategies Group,
Sector Policies and Programs Division
(D243–01), U.S. EPA, Research Triangle
Park, North Carolina 27711; telephone
number (919) 541–2469; facsimile
number (919) 541–5450; e-mail address
king.melanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and
entities potentially regulated by this
action include:
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
NAICS 1
Category
Any manufacturer that produces or any industry using a stationary internal combustion engine as defined in the proposed rule.
2211
622110
335312
33391
333992
1 North
Examples of regulated entities
Electric power generation, transmission, or distribution.
Medical and surgical hospitals.
Motor and generator manufacturing.
Pump and compressor manufacturing.
Welding and soldering equipment manufacturing.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. To determine
whether your engine is regulated by this
action, you should examine the
applicability criteria in § 60.4200 of the
proposed rule. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of the proposed rule
will be available on the WWW through
the Technology Transfer Network Web
site (TTN). Following signature, EPA
will post a copy of the proposed rule on
the TTN’s policy and guidance page for
newly proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
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What should I consider as I prepare my
comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through EDOCKET,
regulations.gov or e-mail. Send or
deliver information identified as CBI to
only the following address: Ms. Melanie
King, c/o OAQPS Document Control
Officer (Room C404–02), U.S. EPA,
Research Triangle Park, NC 27711,
Attention Docket ID No. EPA–HQ–
OAR–2010–0295. Clearly mark the part
or all of the information that you claim
to be CBI. For CBI information in a disk
or CD–ROM that you mail to EPA, mark
the outside of the disk or CD–ROM as
CBI and then identify electronically
within the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
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a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions. The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
h. Make sure to submit your
comments by the comment period
deadline identified.
Docket. The docket number for the
proposed new source performance
standards (NSPS) is Docket ID No. EPA–
HQ–OAR–2010–0295. We will also rely
on documents in Docket Nos. EPA–HQ–
OAR–2005–0029 and EPA–HQ–OAR–
2003–0190.
Organization of This Document. The
following outline is provided to aid in
locating information in the preamble.
I. Background
A. Initial New Source Performance
Standards
B. Events Following Promulgation of Initial
NSPS
II. Summary of Proposed Amendments
A. Standards for New Engines With
Displacement Greater Than or Equal to
10 l/cyl and Less Than 30 l/cyl
B. Compliance Requirements for Owners
and Operators
C. Temporary Replacement Engines
D. Standards for Engines With
Displacement Greater Than or Equal to
30 l/cyl
E. Requirements for Engines Located in
Rural Alaska
F. Reconstruction
G. Minor Corrections and Revisions
III. Summary of Environmental, Energy and
Economic Impacts
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A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health,
environmental and energy impacts?
IV. Solicitation of Public Comments and
Participation
V. 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
I. Background
A. Initial New Source Performance
Standards
This action proposes revisions to
NSPS for new compression ignition (CI)
stationary internal combustion engines
(ICE). The NSPS were initially
published on July 11, 2006 (71 FR
39153). New source performance
standards implement section 111(b) of
the Clean Air Act (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.
For the first time, the NSPS put
Federal restrictions on emissions of
particulate matter (PM), oxides of
nitrogen (NOX), non-methane
hydrocarbons (NMHC) and carbon
monoxide (CO) from new stationary CI
engines. The NSPS also restricted the
level of sulfur permitted in diesel fuel
used in new stationary CI engines. The
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levels in the NSPS were generally based
on standards promulgated in previous
rules for similar nonroad (i.e., mobile
off-highway) engines. For larger engines
with displacement greater than or equal
to 10 liters per cylinder (l/cyl) and less
than 30 l/cyl, the levels were based on
standards for similar marine engines.
EPA noted in the proposed rule (70 FR
39870) that it was reviewing the
possibility of promulgating more
stringent standards for such marine
engines in the near future and would
review whether to revise the standards
for stationary engines with
displacement greater than or equal to 10
l/cyl and less than 30 l/cyl when the
more stringent standards for marine
engines with displacement greater than
or equal to 10 l/cyl and less than 30 l/
cyl were promulgated. For engines with
displacement greater than or equal to 30
l/cyl, the standards were based on
evidence collected for those specified
engines.
The standards for emergency engines
were less stringent than those for nonemergency engines, given questions
regarding the use of emission reduction
aftertreatment technologies for such
engines and the fact that such engines
are rarely used, except in case of
emergency. EPA also promulgated less
stringent standards, and no fuel sulfur
restrictions, for engines in U.S. Pacific
territories where low sulfur fuel may be
difficult to receive. However, these less
stringent standards did not apply to
engines at or above 30 l/cyl. Similarly,
EPA delayed the low sulfur fuels
requirement until December 1, 2010, for
rural areas of Alaska not accessible by
the Federal Aid Highway System
(FAHS), and allowed the Governor of
Alaska to submit an alternative plan for
implementing the NSPS for public
utilities located in these rural areas of
Alaska.
EPA estimated that the NSPS would
reduce NOX emissions from stationary
CI ICE by an estimated 38,000 tons per
year (tpy), PM emissions by about 3,000
tpy, NMHC emissions by about 600 tpy,
sulfur dioxide (SO2) emissions by an
estimated 9,000 tpy, and CO emissions
by approximately 18,000 tpy in the year
2015. EPA estimated that emissions of
hazardous air pollutants would be
reduced by approximately 93 tons in the
year 2015. EPA estimated the NSPS
would reduce NOX emissions from
stationary CI ICE by an estimated
270,000 tpy, PM emissions by about
17,000 tpy, NMHC emissions by about
8,000 tpy, SO2 emissions by an
estimated 24,000 tpy, and CO emissions
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by approximately 95,000 tpy in the year
2030.
For the vast majority of engines,
compliance requirements, particularly
testing requirements, are primarily
geared towards the manufacturers of the
engines, not the owners and operators of
engines. The engines had to be tested,
certified and labeled prior to
installation. Owners and operators are,
however, required to operate and
maintain their engines according to the
written instructions of the engine
manufacturers or according to
procedures developed by the owner/
operators and approved by the
manufacturer.
B. Events Following Promulgation of
Initial NSPS
Following promulgation of the initial
NSPS, EPA received several comments
from interested parties regarding aspects
of the final rule. In particular, engine
manufacturers stated their belief that the
standards promulgated for engines with
displacement greater than or equal to 30
l/cyl were not feasible, especially those
located at areas without requirements
for low sulfur diesel fuel. Engine
manufacturers also noted some minor
errors in the standards as published.
The American Petroleum Institute
(API) petitioned for review of the final
NSPS, and stated to EPA that, among
other concerns, API believed that the
compliance requirements did not allow
owner and operators enough flexibility
to use operation and maintenance
procedures, different from those
recommended by manufacturers, that
would provide good emission control
practice for minimizing emissions. API
also had other comments regarding the
final rule, including concern regarding
use of the term ‘‘useful life’’ in the
stationary engine context, and concern
that temporary portable engines would
be treated as subject to NSPS
requirements beyond the requirements
for nonroad engines.
On January 18, 2008, EPA published
a final rule containing separate
standards of performance for stationary
spark ignition (SI) engines. (73 FR 3567)
While these regulations are distinct
from the standards of performance for CI
engines, certain aspects of these
regulations, particularly regarding
compliance and definitions, are
intended to be consistent with the
regulations promulgated for CI engines.
Additionally, on June 30, 2008, EPA
published more stringent standards for
new locomotives and for new CI marine
vessels under 40 CFR parts 1033 and
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1042, respectively, including marine
vessel engines with displacement
greater than or equal to 10 l/cyl and less
than 30 l/cyl. (73 FR 37095) The rule
promulgated two new tiers of standards
for newly manufactured marine CI
engines at or above 600 kilowatt (KW)
(800 horsepower (HP)), the second of
which was based on the application of
catalytic aftertreatment technology.
Further, on April 30, 2010, EPA
promulgated final fuel requirements and
standards regulating emissions from
marine engines with displacement
above 30 l/cyl. (75 FR 22896) These
requirements are equivalent to the limits
adopted by the International Maritime
Organization (IMO) in October 2008 as
an amendment to Annex VI of the
International Convention for the
Prevention of Pollution from Ships (also
called MARPOL Annex VI).
Finally, on October 31, 2008, the State
of Alaska, pursuant to the provision in
the final rule allowing it to request
alternative provisions for rural Alaska,
requested that EPA make certain
changes in its requirements to account
for circumstances in rural Alaska that
are different from those in the rest of the
United States. Alaska’s specific
recommendations are discussed below.
II. Summary of Proposed Amendments
A. Standards for New Engines With
Displacement Greater Than or Equal to
10 l/cyl and Less Than 30 l/cyl
We are proposing to incorporate the
recently-promulgated standards for new
marine engines into our standards for
new stationary engines with
displacement greater than or equal to 10
l/cyl and less than 30 l/cyl. The
standards were found to be feasible for
the marine engines covered by those
requirements. As we discussed in the
original NSPS final rule, stationary
engines in this displacement range are
similar in design to marine CI engines
and are generally certified to marine
standards. EPA is, therefore, basing the
proposed revised standards for nonemergency stationary CI ICE with a
displacement between 10 l/cyl and 30 l/
cyl on the technologies identified in the
recent rulemaking to be used to meet the
emission standards for marine CI
engines.
The proposed standards would not
take effect until 2013, at the earliest.
The standards are summarized in the
tables in this preamble. The first tier of
standards divides these engines by
displacement. The second divides the
engines by maximum engine power.
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TABLE II–1—FIRST TIER STANDARDS FOR STATIONARY CI ENGINES WITH A DISPLACEMENT ≥10 AND <30 LITERS PER
CYLINDER a
10.0
15.0
20.0
25.0
≤
≤
≤
≤
displacement
displacement
displacement
displacement
a See
<15.0,
<20.0,
<25.0,
<30.0,
<3,700
<3,700
<3,700
<3,700
KW
KW
KW
KW
NOX + HC b
g/HP-hr
(g/KW-hr)
PM
g/HP-hr
(g/KW-hr)
Engine size—liters per cylinder, rated power
..........................................................................
..........................................................................
..........................................................................
..........................................................................
0.10 (0.14)
(0.27)
0.20 (0.27)
0.20 (0.27)
c 0.20
Year
4.6 (6.2)
5.2 (7.0)
7.3 (9.8)
8.2 (11.0)
2013
2014
2014
2014
note (c) of Table II–2 for optional standards.
b NO + HC standards do not apply to 2,000 KW to 3,700 KW engines.
X
c For engines below 3,300 KW in this group, the PM standard is 0.25 g/HP-hr
(0.34 g/KW-hr).
TABLE II–2—SECOND TIER STANDARDS FOR STATIONARY CI ENGINES WITH A DISPLACEMENT ≥10 AND <30 LITERS PER
CYLINDER
Engine size, rated power
≥ 3,700 KW ......................................................................................
a0.09
2,000 ≤ KW < 3,700 ........................................................................
1,400 ≤ KW < 2,000 ........................................................................
600 ≤ KW < 1,400 ...........................................................................
0.04
0.03
0.03
0.03
NOX + HC b
g/HP-hr
(g/KW-hr)
PM
g/HP-hr
(g/KW-hr)
(0.12)
(0.06)
(0.04)
(0.04)
(0.04)
1.3
1.3
1.3
1.3
1.3
HC
g/HP-hr
(g/KW-hr)
(1.8)
(1.8)
(1.8)
(1.8)
(1.8)
0.14
0.14
0.14
0.14
0.14
(0.19)
(0.19)
(0.19)
(0.19)
(0.19)
Year
c 2014
b c 2016
c d 2014
c 2016
b 2017
a This
standard is 0.19 g/HP-hr (0.25 g/KW-hr) for engines with 15–30 liter/cylinder displacement.
compliance start dates can be used within these model years.
c Option: 1st Tier PM/NO + HC at 0.10/5.8 g/HP-hr (0.14/7.8 g/KW-hr) in 2012, and 2nd Tier in 2015.
X
d The 1st Tier PM standards continue to apply for these engines in model years 2014 and 2015 only.
b Optional
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The first tier of standards is based on
engine-based technologies already in
use or expected to be used for other
mobile and stationary engines (e.g.,
improved fuel injection, engine
mapping, and calibration optimization),
as well as the use of ultra low sulfur
(i.e., 15 parts per million (ppm) sulfur)
diesel (ULSD). The second tier of
standards is expected to be met with the
use of catalytic exhaust aftertreatment
that have already been used for other
similar mobile and stationary engines,
like catalyzed diesel particulate filters
(CDPF) and selective catalytic reduction
(SCR).
B. Compliance Requirements for Owners
and Operators
In the original final NSPS, EPA
required all engines to be installed,
configured, operated, and maintained
according to the specifications and
instructions provided by the engine
manufacturer. EPA also allowed the
option for owners and operators to
follow procedures developed by the
owner or operator that have been
approved by the engine manufacturer
for cases where site-specific conditions
may require changes to the
manufacturer’s typical guidelines.
Several parties objected to this
requirement. According to the parties,
this requirement restricts owners and
operators from using the most
appropriate methods for installing,
operating and maintaining engines in
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the field. The parties claim that owners
and operators are in the best position to
determine the most appropriate method
of installing, operating and maintaining
engines in the field and have more
experience in doing so than engine
manufacturers, and that operation and
maintenance provisions in manufacturer
manuals are often too stringent and
inflexible to be required in binding
regulations.
Based on the comments and
information received during and after
the rulemakings for both the CI and SI
NSPS, EPA believes it is not appropriate
to require owners and operators to
follow manufacturer operation and
maintenance procedures without
allowing alternative options for owners
and operators. Therefore, we are
proposing to revise the regulations to
allow owners and operators to develop
their own operation and maintenance
plans as an alternative to following
manufacturer operation and
maintenance procedures. However, if an
owner/operator decides to take this
approach, EPA will need greater
assurance that the engine is meeting
emission requirements. Thus, owner/
operators using this approach will
generally be subject to further testing of
their engines and will be required to
keep maintenance plans and records.
EPA will consider such engines to be
operating in a non-certified manner.
Engines greater than 500 HP will be
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required to conduct a performance test
within 1 year of startup (or within 1
year of changing the manufacturer’s
recommended configuration or settings
for the engine) to demonstrate
compliance with the emission
standards, and will also have to conduct
subsequent performance testing every
8,760 hours or 3 years (whichever
comes first) thereafter. These engines
will in addition be required to keep a
maintenance plan and records of
conducted maintenance.
Engines greater than or equal to 100
HP and less than or equal to 500 HP will
be required to conduct a performance
test within 1 year of startup (or within
1 year of changing the manufacturer’s
recommended configuration or settings
for the engine) to demonstrate
compliance with the emission standards
and will in addition be required to keep
a maintenance plan and records of
conducted maintenance. Engines below
100 HP operating in a non-certified
manner will not have to conduct further
performance testing, but are required to
keep a maintenance plan and records.
Owners and operators will also have
the ability to adjust engine settings
outside of manufacturer settings as long
as they ensure the engines comply with
the standards at those settings with a
performance test.
Parties also noted that the operation
and maintenance requirements
extended beyond emission-related
operation and maintenance and
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emcdonald on DSK2BSOYB1PROD with PROPOSALS3
extended to operation and maintenance
of all aspects of the engine, which the
parties believed should be beyond the
scope of the regulation. EPA agrees that
the operation and maintenance
requirements of the NSPS should be
restricted to emission-related operation
and maintenance, and is proposing to
revise the regulations accordingly.
Finally, one party has reported that
owners and operators of engines in
marine locations often need to use
engines that meet the marine nonroad
engine standards, but that the current
NSPS requires the engine, if the engine
is on a stationary platform rather than
a ship, to meet the standards for landbased engines, rather than marine
engines. EPA has not proposed to
change the current regulation, but
requests comment on the need for
stationary engines in marine offshore
settings to use engines meeting the
marine engine standards, rather than
land-based engine standards. Based on
the comments received, EPA may
decide to revise this requirement in the
final rule.
provision allows the permitting
authority to count the emissions of the
temporary unit in the emissions from
the stationary source, as it would for the
permanent unit. This prevents sources
from avoiding the counting of such
units in its projected or actual
emissions. EPA agrees with comments
that with regard to temporary
replacement engines, which are
generally portable and moved from
place to place, it is most appropriate
that these engines, though considered
stationary, should be allowed under the
NSPS to meet requirements for mobile
nonroad engines. These sources are not
under the long-term control (or in many
cases the short-term control) of the local
source, and, therefore, it is appropriate
to hold them to the requirements for
similar sources that are mobile in
character. EPA also notes that under the
pre-existing general provisions for 40
CFR part 60, the fact that an engine
moves from place to place does not, by
the sole basis of that movement, make
the engine a ‘‘new’’ engine for the
purposes of the NSPS.
C. Temporary Replacement Engines
EPA received comments during and
after the initial CI NSPS rule and during
the SI NSPS rule indicating that there
was some confusion regarding the status
of temporary engines (i.e., generally
engines in one location for less than 1
year) under EPA’s regulations. Further,
there was concern that for those
temporary engines that were considered
stationary under the definitions of
stationary and nonroad engine, because
they replaced other stationary engines
during periods when the main engines
were off-line (e.g., for maintenance
work), owners and operators of major
sources would have little or no ability
to oversee the operations of these
temporary engines, as they were
generally owned and maintained by
other entities.
EPA notes that except for certain
instances (e.g., engines at seasonal
sources or engines that replace
stationary engines at a site), engines in
one location for less than 1 year are
generally considered to be mobile
nonroad engines under EPA’s regulatory
definitions of nonroad engine and
stationary engine, and, therefore, the
NSPS and other regulations applicable
to stationary engines are not applicable
to such engines. Examples of such
nonroad engines are engines that are
brought to a major source stationary
source for less than 1 year for purposes
of general maintenance or construction.
Portable engines that replace existing
stationary engines on a temporary basis
are considered stationary engines. This
D. Standards for Engines With
Displacement Greater Than or Equal to
30 l/cyl
In the final NSPS, EPA required
owners and operators of stationary CI
ICE with a displacement of greater than
or equal to 30 l/cyl to reduce NOX
emissions by 90 percent or more, or
alternatively they had to limit the
emissions of NOX in the stationary CI
internal combustion engine exhaust to
1.6 grams per KW-hour (g/KW-hr) (1.2
grams per HP-hour (g/HP-hr)). They
were also required to reduce PM
emissions by 60 percent or more, or
alternatively they had to limit the
emissions of PM in the stationary CI
internal combustion engine exhaust to
0.15 g/KW-hr (0.11 g/HP-hr). These
standards were applicable in all areas,
including areas in the Pacific (e.g.,
Guam) and rural Alaska that were
exempted, at least temporarily, from
using low sulfur fuel. The standards
were also applicable to all engines in
this displacement category, whether
they were used for emergency or nonemergency purposes.
Following completion of the original
rule, EPA received comments from
engine manufacturers stating that the
standards would be infeasible in areas
where low sulfur fuel was not used. The
engine manufacturers recommended
less stringent standards for areas where
low sulfur fuel is not required. EPA also
received later comments indicating that
the standards were also infeasible for
engines in areas with access to lower
sulfur fuel, and that the standards
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should instead be harmonized with the
IMO standards for similar engines in
marine vessels. These comments also
requested that EPA take the same
approach to emergency engines with
displacement greater than or equal to 30
l/cyl as EPA takes for smaller emergency
engines. For other emergency engines,
EPA promulgated emission standards
that do not require the use of
aftertreatment, given the limited use of
the engines, the ineffectiveness of the
aftertreatment during startup, and the
need for safe, reliable and immediate
operation of the engine during
emergencies. The comments state that
engines of this size have been used as
emergency generators at nuclear power
plants in order to assure the safe shutdown of the reactor in case of
emergency due to their excellent
performance and reliability.
Regarding the NOX standard for these
engines, EPA agrees that it is
appropriate to adjust the stringency of
the NOX standard to match the
worldwide NOX standard approved in
the IMO’s Annex VI and promulgated by
EPA for marine engines with
displacement above 30 l/cyl. While the
technology required by the existing
NSPS has been used on other stationary
engines, EPA realizes the need to
provide lead time for the technology to
transfer to the largest of engines. The
final IMO NOX standard is comparable
to the existing NSPS NOX standard, but
provides more leadtime for final
implementation. Revising the standard
to match the standard for marine
engines allows manufacturers to design
a single type of engine for both uses.
This standard has been substantially
reviewed by EPA and other
governments and has been found to be
feasible in the time provided. For
engines installed prior to January 1,
2012, the standard is proposed to be
17.0 g/KW-hr (12.7 g/HP-hr) when
maximum engine speed is less than 130
revolutions per minute (rpm); 45 · n¥0.2
g/KW–hr (34 · n¥0.2 g/KW-hr) when n
(maximum engine speed) is 130 or more
but less than 2,000 rpm; 9.8 g/KW-hr
(7.3 g/HP-hr) when maximum engine
speed is 2,000 rpm or more. For engines
installed after January 1, 2012, we are
proposing a more stringent standard of
14.4 g/KW-hr (10.7 g/HP-hr) when
maximum engine speed is less than 130
rpm; 44 · n¥0.23 g/KW-hr (33 · n¥0.23 g/
KW-hr) where n (maximum engine
speed) is 130 or more but less than
2,000 rpm; and 7.7 g/KW-hr (5.7 g/HPhr) where maximum engine speed is
greater than or equal to 2,000 rpm. For
engines installed after January 1, 2016,
we are proposing a more stringent
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standard that presumes the use of
aftertreatment. The levels are proposed
to be 3.4 g/KW-hr (2.5 g/HP-hr) when
maximum engine speed is less than 130
rpm; 9.0 · n¥0.20 g/KW-hr (6.7 · n¥0.20
g/KW-hr) where n (maximum engine
speed) is 130 or more but less than
2,000 rpm; and 2.0 g/KW-hr (1.5 g/HPhr) where maximum engine speed is
greater than or equal to 2,000 rpm.
For engines installed in Pacific island
areas that are not required to use lower
sulfur fuel, while EPA believes that SCR
can be installed on such engines even
where high sulfur fuel is being used,
EPA agrees that the use of high sulfur
fuel, and the presence of other
impurities in this type of fuel (i.e.,
heavy fuel oil), as well as different
density and viscosity, make it difficult
to achieve similar results from SCR as
would occur with lower sulfur fuel.
Maintenance of high NOX reduction
levels is also more difficult when using
high sulfur fuel. The use of higher sulfur
heavy fuel oil also increases engine-out
NOX emissions because of the increased
levels of contaminants in the fuel. EPA
also notes that the areas in question do
not have any significant ozone problem.
We, therefore, are proposing not to
require the more stringent standards
that would otherwise apply beginning
in 2016 in these areas.
Similarly, we are proposing not to
require the more stringent,
aftertreatment-forcing NOX standards for
emergency engines with displacement at
or above 30 l/cyl. As the commenters
noted, EPA did not require
aftertreatment-forcing requirements for
other emergency engines due to the
limited use of the engines, the
ineffectiveness of the aftertreatment
during startup, and the need for safe,
reliable and immediate operation of the
engine during emergencies. EPA agrees
that similar concerns are present for
emergency engines in this power
category.
EPA is also modifying its fuel
requirements for engines with
displacement at or above 30 l/cyl. The
final rule promulgated by EPA for
marine engines with displacement
above 30 l/cyl required those engines to
use fuel meeting a 1,000 ppm sulfur
level beginning in 2014, and also made
other revisions to the mobile source fuel
requirements that will likely have the
effect of making 1,000 ppm sulfur fuel
the outlet for diesel fuel that does not
meet the 15 ppm sulfur standard
generally required for mobile source
fuel. Therefore, EPA is revising the fuel
sulfur standards for stationary CI
engines with displacement at or above
30 l/cyl to a 1,000 ppm sulfur level
beginning in 2014.
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EPA agrees that the numerical
standards for PM promulgated in the
final rule would be very difficult, if not
impossible, to achieve using high sulfur
fuel. EPA therefore agrees that it is
appropriate to revise the concentration
limit for PM for stationary CI ICE with
a displacement of greater than or equal
to 30 l/cyl in areas where low sulfur fuel
is not required. EPA is proposing a
standard of 0.40 g/KW-hr (0.30 g/HP-hr).
Given the substantial health concerns
associated with diesel PM emissions,
EPA believes it is appropriate to require
this level for all engines where low
sulfur fuel is not required. Similarly, we
are proposing to revise the PM standard
for emergency engines to 0.40 g/kW-hr
(0.30 g/HP-hr), for the reasons provided
above regarding NOX standards for such
engines.
EPA is not proposing to change the
PM standard for non-emergency engines
in areas where the lower sulfur fuel is
available. As EPA explained in the
original NSPS, EPA believes this
standard is achievable for engines using
existing technology and low sulfur fuel.
The substantial health risks associated
with diesel PM require that these
stringent standards remain in place.
E. Requirements for Engines Located in
Rural Alaska
In the initial final NSPS, EPA agreed
to delay the sulfur requirements for
diesel fuel intended for stationary ICE in
rural areas of Alaska not accessible by
the FAHS (‘‘rural Alaska’’) until
December 1, 2010, except that any 2011
model year and later stationary CI
engines operating in rural Alaska prior
to December 1, 2010, would be required
to meet the 15 parts per million (ppm)
sulfur requirement for diesel fuel. This
approach was consistent with the
approach that was used for nonroad and
highway engines in rural Alaska. EPA
also included a special section in the
final rule that specified that until
December 1, 2010, owners and operators
of stationary CI engines located in
Alaska should refer to 40 CFR part 69
to determine the diesel fuel
requirements applicable to such
engines.
In addition, the final regulations
included language that allows Alaska to
submit for EPA approval through
rulemaking process an alternative plan
for implementing the requirements of
this regulation for public-sector
electrical utilities located in rural areas
of Alaska not accessible by the FAHS.
The alternative plan must be based on
the requirements of section 111 of the
CAA including any increased risks to
human health and the environment and
must also be based on the unique
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circumstances related to remote power
generation, climatic conditions, and
serious economic impacts resulting from
implementation of the final NSPS.
EPA also included an option in the
final rule for owners and operators of
pre-2011 model year engines located in
remote areas of Alaska to petition the
Administrator to use any fuels mixed
with used oil that do not meet the fuel
requirements in § 60.4207 of the final
rule beyond the required fuel deadlines.
The owner or operator must show that
there is no other place to burn the used
oil. Each petition, if approved, is valid
for a period of up to 6 months.
EPA communicated with officials
from the State of Alaska on several
occasions following the promulgation of
the final rule, and gave the State of
Alaska an extension from the original
deadline of January 11, 2008, to provide
its alternative plan for rural Alaska to
EPA. On October 31, 2008, EPA
received Alaska’s request for several
revisions to the NSPS as it pertains to
engines located in the rural part of
Alaska not served by the FAHS.
In particular, the State of Alaska
requested the following:
• Allow NSPS owner-operator
requirements to apply only to model
year 2011 and later engines.
• Maintain a December 1, 2010
deadline for transition of regulated
engines to ULSD.
• Authorize continued use of single
circuit jacketwater marine diesel
engines for prime power applications.
• Remove limitations on using fuels
mixed with used lubricating oil that do
not meet the fuel requirements of 40
CFR part 60, subpart IIII.
• Review emission control design
requirements needed to meet new NSPS
emission standards, including the
possibility of removing or delaying
emissions standards requiring advanced
exhaust gas emissions aftertreatment
technologies until the technology is
proven for remote and arctic
applications.
EPA agrees that the circumstances in
rural Alaska require special rules. EPA
is, therefore, proposing several
amendments for engines used in rural
Alaska:
1. Exempting all pre-2011 model year
engines from diesel fuel sulfur
requirements;
2. Allowing owners and operators of
stationary CI engines located in rural
areas of Alaska to use engines certified
to marine engine standards, rather than
land-based nonroad engine standards;
3. Removing requirements to use
aftertreatment devices for NOX, in
particular, SCR, for engines used in
rural Alaska.
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In proposing these revisions, EPA
notes the following information
provided by the State of Alaska. In
general, the State notes that over 180
rural communities in Alaska that are not
accessible by the FAHS rely on diesel
engines and fuel for electricity. These
communities are scattered over long
distances in remote areas and are not
connected to population centers by road
or power grid. These communities are
located in the most severe arctic
environments in the United States.
Regarding the request that owners and
operator requirements apply only to
model year 2011 and later engines, the
State of Alaska focused on two
particular requirements for pre-2011
engines: the requirement that pre-2011
engines that are manufactured after
April 1, 2006 use ULSD beginning on
December 1, 2010; and the requirement
that after December 31, 2008, owners
and operators may not install engines
that do not meet the applicable
requirements for 2007 model year
engines.
The State of Alaska noted that Alaska
village power plants are typically
operated by a single part-time operator
with an alternate, that there is a high
rate of turnover among plant operators,
and that operators have limited training,
expertise or resources. The State of
Alaska notes that pre-2011 engines will
all be fueled, prior to December 1, 2011,
with the same fuel. The State of Alaska
believes that it would greatly simplify
operations to coordinate the fuel
requirements with the introduction of
2011 model year engines, rather than
retroactively requiring some, but not all,
earlier engines to meet the fuel
requirements. It would also facilitate the
smoother transition to ULSD fuel, rather
than requiring numerous engines to all
meet the requirements at the same time.
The State of Alaska noted that there is
no technological requirement for premodel year 2011 engines to use
aftertreatment, and thus no
technological need to use ULSD. EPA
agrees that the requested revision will
reduce the complexity of the regulations
and that ULSD is not technologically
necessary prior to model year 2011. EPA
also notes that the requirement to use
ULSD for 2011 and later model year
engines will eventually lead to a
complete turnover of the fuel used in
the remote villages. Therefore, EPA is
proposing this revision.
The State of Alaska notes that the
planning, construction and operation of
engines in rural Alaska is complex. The
timeframe for these projects, which are
coordinated among several
governmental entities, typically exceeds
3 years. The State of Alaska notes that
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several projects that were designed and
funded based on pre-2007 model year
engines will not be installed prior to
December 31, 2008. Therefore, the State
of Alaska requests that the deadline be
moved to December 2010. While EPA
understands that some extra time may
be needed to allow for these pre-existing
projects to go forward with pre-2007
engines, EPA does not believe the State
of Alaska has justified a 2-year
extension, beyond the 2 years already
provided in the regulations. However,
EPA believes that a 1-year extension
would be appropriate. EPA is, therefore,
proposing a 1-year extension for owners
and operators in rural Alaska to install
pre-2007 model year engines.
Regarding its request for continued
use of single circuit jacketwater marine
diesel engines for prime power
applications, the State of Alaska notes
that rural villages in Alaska use
combined heat and power cogeneration
plants, which are vital to their economy,
given the high cost of fuel and the
substantial need for heat in that climate.
Heat recovery systems are used with
diesel engines in rural communities to
provide heat to community facilities
and schools. Marine-jacketed diesel
engines are used wherever possible
because of their superior heat recovery
and thermal efficiency. The State of
Alaska has noticed great reductions in
heat recovery when using Tier 3 nonmarine engines. The State notes that
reductions in fuel efficiency will lead to
greater fuel use and greater emissions
from burning extra heating oil. EPA
agrees with the State that there are
significant benefits from using marine
engines, and is proposing a revision that
will allow engines in rural Alaska to use
marine-certified engines. However, as
the State of Alaska notes, marinecertified engines, particularly those
below 800 HP, are not required to meet
more stringent requirements for
reduction of PM emissions, which is the
most significant pollutant of concern in
these areas. Therefore, EPA is proposing
to require that owners and operators of
engines manufactured in model years
that would otherwise be certified to Tier
4 PM standards (e.g., model years 2011
and later for engines greater than or
equal to 130 KW (175 HP) and less than
or equal to 560 KW (750 HP)) must
either be certified to Tier 4 standards
(whether land-based nonroad or marine)
or must install PM reduction
technologies on their engines to achieve
at least 85 percent reduction in PM.
Regarding the issue of using
aftertreatment technologies that the
State of Alaska says has not been tested
in remote arctic climates, EPA notes that
the State of Alaska is particularly
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concerned with NOX standards that
would likely entail the use of SCR in
rural Alaska. NOX reductions are
particularly important in areas where
ozone is a concern, because NOX is a
precursor to ozone. However, the State
of Alaska, and rural Alaska in
particular, does not have any significant
ozone problems. Moreover, the use of
SCR entails the supply, storage and use
of a chemical reductant, usually urea,
that needs to be used properly in order
to achieve the expected emissions
reductions, and that may have
additional operational problems in
remote arctic climates. As noted above,
these villages are not accessible by the
Federal Aid Highway System and are
scattered over long distances in remote
areas and are not connected to
population centers by road or power
grid. They are located in the most severe
arctic environments in the United States
and they rely on stationary diesel
engines and fuel for electricity and
heating, and these engines need to be in
working condition, particularly in the
winter. While the availability of
reductant is not a problem in the areas
on the highway system, its availability
in remote villages, particularly in the
early years of the Tier 4 program, may
be an issue, which is notable given the
importance of the stationary engines in
these villages. Furthermore, the costs for
the acquisition, storage and handling of
the chemical reductant would be greater
than for engines located elsewhere in
the United States due to the remote
location and severe arctic climate of the
villages. In order to maintain proper
availability of the chemical reductant
during the harsh winter months, new
heated storage vessels may be needed at
each engine facility, further increasing
the compliance costs for these remote
villages. Given the issues that would
need to be addressed if SCR were
required, and the associated costs of this
technology when analyzed under NSPS
guidelines, EPA understands the State
of Alaska’s argument that it is
inappropriate to require such standards
for stationary engines in rural Alaska.1
Therefore, EPA is proposing not to
require owners and operators of new
stationary engines to meet the Tier 4
standards for NOX in these areas and is
soliciting comment on this decision.
However, owners and operators of 2011
and later model year engines that do not
1 Note that this action applies to stationary
engines only; it is unlikely that such an approach
would be appropriate for mobile engines, given that
they are less permanent in a village and can move
in and out of areas as work requires, and because
EPA has less ability to enforce such an approach
for mobile sources, where EPA does not regulate the
owner or operator directly.
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meet the Tier 4 PM standards would be
required to use PM aftertreatment, as
discussed above. The use of PM
aftertreatment will also achieve
reductions in CO and hydrocarbons.
Finally, regarding allowing owners
and operators to blend up to 1.75
percent used oil into the fuel system,
the State notes that there are no
permitted used oil disposal facilities in
rural Alaskan communities. The State
believes that it has developed a costeffective and reliable used-oil blending
system that is currently being used in
many rural Alaskan communities,
disposing of the oil in an
environmentally beneficial manner and
capturing the energy content of the used
oil. The absence of allowable blending
would, according to the State,
necessitate the shipping out of the used
oil and would risk improper disposal
and storage, as well as spills.
According to the State, blending
waste oil at 1.75 percent or less will
keep the fuel within American Society
for Testing and Materials (ASTM)
specifications if the sulfur content of the
waste oil is below 200 ppm. The State
acknowledges the need for engines
equipped with aftertreatment devices to
use fuel meeting the sulfur
requirements.
EPA agrees that the limited blending
of used oil into the diesel fuel used by
stationary engines can be an
environmentally beneficial manner of
disposing of such oil and may be of
little to no concern when kept within
appropriate limits. In fact, in EPA’s
highway diesel regulations (40 CFR
80.522), we allow for the blending of
used motor oil into fuel burned in
highway engines if the engine was
certified to the emission standards with
the addition of the used oil, and if the
oil is added in a manner consistent with
the engine certificate. Nevertheless, EPA
believes that there are certain issues that
need to be further reviewed if EPA is to
include in the final rule a provision
allowing used oil to be mixed with
diesel fuel in remote areas of Alaska.
First, while any provision allowing used
oil to be mixed with diesel fuel would
need to be carefully circumscribed (e.g.,
the used oil could be no more than 1.75
percent of mixture and could not have
a sulfur level above 200 ppm), EPA
would like to have further information
on whether, even at such circumscribed
levels, mixing used oil into the fuel will
have an effect on the operation or
maintenance requirements for such
engines, particularly engines using PM
aftertreatment, and if so, how such
changes will be managed by the
operators.
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Second, on April 29, 2010, EPA
proposed a set of regulatory actions
under the CAA that address emissions
from boilers, process heaters, and
certain solid waste incinerators. On the
same day, in a related action under the
Resource Conservation and Recovery
Act (RCRA), EPA proposed to define
which non-hazardous secondary
materials are ‘‘solid waste’’ for purposes
of subtitle D (non-hazardous waste) of
RCRA when burned in a combustion
unit, since section 129(g)(5) of the CAA
provides that ‘‘solid waste’’ shall have
the meaning established by the
Administrator under RCRA. Under the
proposed solid waste rule, used oil that
does not meet the on-specification (‘‘onspec’’) levels and properties of 40 CFR
279.11 (‘‘off-spec used oil’’) would be
considered a solid waste, unless it is
processed to meet the on-spec used oil
limits specified in 40 CFR 279.11, and
a combustion unit that burns off-spec
used oil would be a solid waste
incineration unit and would be subject
to emission standards under section 129
of the CAA.
Due to these issues, EPA believes that
it would not be appropriate at this time
to propose to allow the blending of used
oil for stationary diesel engines under
the NSPS. EPA solicits comment on
whether to allow the blending of used
oil into diesel fuel under the NSPS in
rural areas of Alaska.
F. Reconstruction
EPA is proposing to add a definition
for ‘‘reconstruct’’ that is specific for the
NSPS for stationary CI ICE and
stationary SI ICE. EPA is also proposing
to add provisions to the NSPS that
require reconstructed engines to meet
the emission standards for the model
year in which the reconstruction occurs
if the reconstructed engine meets any of
the following criteria:
• The crankshaft is removed as part of
the reconstruction; or
• The fixed capital cost of the new
and refurbished components exceeds 50
percent of the fixed capital cost of a
comparable new engine; or
• The serial number of the engine is
removed as part of the reconstruction; or
• The reconstructed engine consists
of a previously used engine block with
all new components.
The proposed rule also clarifies that the
provisions for modified and
reconstructed engines apply to anyone
who modifies or reconstructs an engine,
including engine owners/operators,
engine manufacturers, and anyone else.
The proposed rule also adds additional
clarification regarding what standards
are applicable for modified or
reconstructed engines.
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G. Minor Corrections and Revisions
EPA is proposing several minor
revisions in this rule to correct mistakes
in the initial rule or to clarify the rule.
The revisions being proposed are listed
below:
• Replacing the term ‘‘useful life’’
with ‘‘certified emissions life,’’ for
purposes of clarity;
• Revising Table 3 in the in 40 CFR
part 60, subpart IIII to account for a
mistake in how Table 3 characterized
the certification requirements for high
speed fire pump engines in the initial
final rule;
• Revising the definition of
‘‘emergency stationary internal
combustion engine,’’ and the allowance
for maintenance checks and readiness
testing for such engines, to be consistent
with the provisions promulgated in the
recently completed requirements for
existing stationary engines in 40 CFR
part 63, subpart ZZZZ;
• Revising the requirement for
emergency engines to install nonresettable hour meters such that
emergency engines that meet the
requirements for non-emergency
engines do not have to install the hour
meters;
• Revising the applicability
provisions to make clearer EPA’s
requirement that all owners and
operators of new sources must meet the
deadlines for installation of compliant
stationary engines;
• Revising certain provisions of the
NSPS for stationary SI engines,
particularly concerning definitions and
compliance by owners and operators of
such engines, to ensure consistency
where appropriate for the regulation of
stationary ICE; and
• Adding a definition of ‘‘installed’’ to
provide clarity to the provisions
regarding installing engines produced in
previous model years.
III. Summary of Environmental, Energy
and Economic Impacts
A. What are the air quality impacts?
The proposed rule would reduce NOX
emissions from stationary CI ICE
between 10 and 30 l/cyl by an estimated
300 tpy, PM emissions by about 8 tpy,
and NMHC emissions by about 4 tpy, in
the year 2018. EPA estimated emissions
reductions for the year 2018 because the
year 2018 is the first year the emission
standards would be fully implemented
for stationary CI engines between 10 and
30 l/cyl. In the year 2030, the proposed
rule would reduce NOX emissions from
stationary CI ICE between 10 and 30 l/
cyl by an estimated 1,100 tpy, PM
emissions by about 38 tpy, and NMHC
emissions by about 18 tpy. Emissions
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reductions were estimated for the year
2030 to provide an estimate of what the
reductions would be once there has
been substantial turnover in the engine
fleet. EPA expects very few stationary CI
ICE with a displacement of 30 l/cyl or
more to be installed per year, and no
emissions or emissions reductions have
been estimated for these engines.
B. What are the cost impacts?
The total costs of the proposed rule
are mostly based on the cost associated
with purchasing and installing controls
on non-emergency stationary CI ICE.
The costs of aftertreatment were based
on information developed for CI marine
engines. Further information on how
EPA estimated the total costs of the
proposed rule can be found in a
memorandum included in the docket
(Docket ID. No. EPA–HQ–OAR–2010–
0295).
The total national capital cost for the
proposed rule is estimated to be
approximately $236,000 in the year
2018, with a total national annual cost
of $142,000 in the year 2018. The year
2018 is the first year the emission
standards would be fully implemented
for stationary CI engines between 10 and
30 l/cyl. The total national capital cost
for the proposed rule in the year 2030
is $235,000, with a total national annual
cost of $711,000.
C. What are the economic impacts?
EPA expects that there will be less
than a 0.03 percent increase in price and
a similar decrease in product demand
associated with this proposal for
producers and consumers in 2018. For
more information, please refer to the
economic impact analysis for this
rulemaking in the docket.
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
D. 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 this proposed rule.
IV. Solicitation of Comments and Public
Participation
EPA seeks full public participation in
arriving at its final decisions, and
strongly encourages comments on all
aspects of this proposed rule from all
interested parties. Whenever applicable,
full supporting data and detailed
analysis should be submitted to allow
EPA to make maximum use of the
comments. The Agency invites all
parties to coordinate their data
collection activities with EPA to
facilitate mutually beneficial and cost
effective data submissions. A redline/
strikeout version of the complete
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standards of performance for stationary
compression ignition engines and for
stationary spark ignition engines which
shows the changes that are being
proposed in this action is available from
the rulemaking docket.
EPA is seeking specific comment on
the appropriate test method for
measuring PM emissions from
stationary engines with a displacement
greater than or equal to 30 l/cyl.
Currently, the NSPS for stationary CI
engines requires these engines to be
tested using EPA Method 5, which
requires the cooling of the engine flue
gas to 120 degrees C (248 degrees F). In
a letter from the Engine Manufacturers
Association (EMA) to EPA dated
December 4, 2008 (see docket number
EPA–HQ–OAR–2010–0295), EMA stated
that cooling the flue gas for large
stationary engines to the filter holder
temperature required by EPA Method 5
will result in measurement results that
are non-reproducible. The letter stated
that the condensation of semi-volatile
organic components from the exhaust
gas on the cold surfaces needed to cool
the gas will lead to results that are not
repeatable. The letter from EMA
recommended that engine owners and
operators be allowed to use EPA Method
17 or EPA Method 5B in lieu of EPA
Method 5. EPA does not believe that the
use of EPA Method 5 will lead to nonreproducible results because the
particulate deposited on the internal
walls of the sampling probe are
recovered for weighing; the recovery
and inclusion of the particulate
deposited in the probe addresses the
issue of variations in the deposition
location of the condensed semi-volatile
compounds. EPA seeks comment on
whether EPA Method 5 is the
appropriate test method for stationary CI
engines with a displacement greater
than or equal to 30 l/cyl, and any data
to support the claim that the use of
Method 5 to test these engines results in
large uncertainties and nonreproducible emissions data.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. This
action does not impose an information
collection burden because the Agency is
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not requiring any additional
recordkeeping, reporting, notification or
other requirements in this proposed
rule. The changes being proposed in this
action do not affect information
collection, but include revisions to
emission standards and other minor
issues. However, the Office of
Management and Budget (OMB) has
previously approved the information
collection requirements contained in the
existing regulations (40 CFR part 60
subpart A) under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number 2060–0590. The OMB
control numbers for EPA’s regulations
in 40 CFR are listed in 40 CFR part 9.
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 purposes of assessing the impacts
of this proposed 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 notfor-profit enterprise which is
independently owned and operated and
is not dominant in its field. The
companies owning facilities with
affected stationary ICE can be grouped
into small and large categories using
Small Business Administration (SBA)
general size standard definitions. Size
standards are based on industry
classification codes (i.e., North
American Industrial Classification
System, or NAICS) that each company
uses to identify the industry or
industries in which they operate in. The
SBA defines a small business in terms
of the maximum employment, annual
sales, or annual energy-generating
capacity (for electricity generating
units—EGUs) of the owning entity.
These thresholds vary by industry and
are evaluated based on the primary
industry classification of the affected
companies. In cases where companies
are classified by multiple NAICS codes,
the most conservative SBA definition
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(i.e., the NAICS code with the highest
employee or revenue size standard) was
used.
In addition, for the electric power
generation industry, the small business
size standard is an ultimate parent
entity defined as having a total electric
output of 4 million megawatt-hours
(MW-hr) in the previous fiscal year. The
specific SBA size standard is identified
for each affected industry within the
economic impact analysis for the
proposal. In this case, we presume the
affected engines will all be located in
the electric power generation industry.
After considering the economic
impacts of this proposed rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities
(SISNOSE). We estimate that only one
small entity is expected to incur costs
associated with this proposed rule, and
the annualized costs are less than 0.02
percent of their sales. Hence, we
conclude that there is no SISNOSE for
this rule.
For more information on the small
entity impacts associated with the
proposed rule, please refer to the
Economic Impact Analysis in the public
docket. Although the proposed rule
would not have a significant economic
impact on a substantial number of small
entities, EPA nonetheless tried to reduce
the impact of the proposed rule on small
entities. 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. The
proposed rule requires the minimum
level of testing, monitoring,
recordkeeping, and reporting to affected
stationary ICE sources necessary to
ensure compliance. We continue to be
interested in the potential impacts of the
proposed rule on small entities and
welcome comments on issues related to
such impacts.
rule is not subject to the requirements
of sections 202 or 205 of UMRA.
This rule is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. The
changes being proposed in this action
by the Agency are minimal and mostly
affect stationary CI engine manufactures
and will not affect small governments.
E. Executive Order 13132: Federalism
This action 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 proposed
action primarily affects private industry,
and does not impose significant
economic costs on State or local
governments. Thus, Executive Order
13132 does not apply to this action. In
the spirit of Executive Order 13132, and
consistent with EPA policy to promote
communications between EPA and State
and local governments, EPA specifically
solicits comment on this proposed
action from State and local officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This proposed rule does not have
Tribal implications, as specified in
Executive Order 13175 (65 FR 67249,
November 9, 2000). It will not have
substantial direct effects on Tribal
governments, on the relationship
between the Federal government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian Tribes,
as specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this proposed rule. EPA
specifically solicits additional comment
on this proposed action from Tribal
officials.
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
D. Unfunded Mandates Reform Act of
1995
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
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 1
year. Only minimal changes are being
proposed by the Agency in this action
and where compliance costs are
incurred, only a nominal number of
stationary CI engines will experience a
compliance cost expense. Thus, this
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This proposed rule is not
subject to Executive Order 13045
because it is based solely on technology
performance.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law No.
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
Feb. 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
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. The changes the
Agency is proposing in this action will
reduce emissions from certain stationary
CI engines, which were previously not
controlled as stringently as now. Other
changes the Agency is proposing to
make have minimal effect on emissions.
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List of Subjects
40 CFR Part 60
Administrative practice and
procedure, Air pollution control,
Incorporation by reference,
Intergovernmental relations, Particulate
matter, Reporting and recordkeeping.
40 CFR Part 1039
Administrative practice and
procedure, Air pollution control.
40 CFR Part 1042
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, Air pollution control,
Imports, Motor vehicle pollution,
Penalties, reporting and recordkeeping
requirements, Warranties.
Dated: May 21, 2010.
Lisa P. Jackson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is proposed to be
amended as follows:
§ 60.4201 What emission standards must I
meet for non-emergency engines if I am a
stationary CI internal combustion engine
manufacturer?
PART 60—[AMENDED]
1. The authority citation for part 60
continues to read as follows:
*
Authority: 42 U.S.C. 7401, et seq.
Subpart IIII—[AMENDED]
2. Section 60.4200 is amended by
revising paragraph (a) and adding
paragraph (e) to read as follows:
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
§ 60.4200
Am I subject to this subpart?
(a) The provisions of this subpart are
applicable to manufacturers, owners,
and operators of stationary compression
ignition (CI) internal combustion
engines (ICE) and other persons as
specified in paragraphs (a)(1) through
(4) 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 CI ICE
with a displacement of less than 30
liters per cylinder where the model year
is:
(i) 2007 or later, for engines that are
not fire pump engines;
(ii) The model year listed in Table 3
to this subpart or later model year, for
fire pump engines.
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(2) Owners and operators of stationary
CI ICE that commence construction after
July 11, 2005, where the stationary CI
ICE are:
(i) Manufactured after April 1, 2006,
and are not fire pump engines, or
(ii) Manufactured as a certified
National Fire Protection Association
(NFPA) fire pump engine after July 1,
2006.
(3) Owners and operators of any
stationary CI ICE that are modified or
reconstructed after July 11, 2005 and
any person that modifies or reconstructs
any stationary CI ICE after July 11, 2005.
(4) The provisions of § 60.4208 of this
subpart are applicable to all owners and
operators of stationary CI ICE that
commence construction after July 11,
2005.
*
*
*
*
*
(e) 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.
3. Section 60.4201 is amended by
revising paragraph (d) and adding
paragraphs (e) and (f) to read as follows:
*
*
*
*
(d) Stationary CI internal combustion
engine manufacturers must certify the
following non-emergency stationary CI
ICE to the certification emission
standards for new marine CI engines in
40 CFR 94.8, as applicable, for all
pollutants, for the same displacement
and maximum engine power:
(1) Their 2007 model year through
2012 non-emergency stationary CI ICE
with a displacement of greater than or
equal to 10 liters per cylinder and less
than 30 liters per cylinder;
(2) Their 2013 model year nonemergency stationary CI ICE with a
maximum engine power greater than or
equal to 3,700 KW (4,958 HP) and a
displacement of greater than or equal to
10 liters per cylinder and less than 15
liters per cylinder; and
(3) Their 2013 model year nonemergency stationary CI ICE with a
displacement of greater than or equal to
15 liters per cylinder and less than 30
liters per cylinder.
(e) Stationary CI internal combustion
engine manufacturers must certify the
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following non-emergency stationary CI
ICE to the certification emission
standards and other requirements for
new marine CI engines in 40 CFR
1042.101, 40 CFR 1042.107, 40 CFR
1042.110, 40 CFR 1042.115, 1042.120,
and 40 CFR 1042.145, as applicable, for
all pollutants, for the same
displacement and maximum engine
power:
(1) Their 2013 model year nonemergency stationary CI ICE with a
maximum engine power less than 3,700
KW (4,958 HP) and a displacement of
greater than or equal to 10 liters per
cylinder and less than 15 liters per
cylinder; and
(2) Their 2014 model year and later
non-emergency stationary CI ICE with a
displacement of greater than or equal to
10 liters per cylinder and less than 30
liters per cylinder.
(f) Notwithstanding the requirements
in paragraphs (a) through (e) of this
section, stationary CI internal
combustion engine manufacturers are
not required to certify reconstructed
engines; however they may elect to do
so. The reconstructed engine must be
certified to the emission standards
specified in paragraphs (a) through (e) of
this section that are applicable to the
model year, maximum engine power,
and displacement of the reconstructed
stationary CI ICE.
4. Section 60.4202 is amended by
removing and reserving paragraph (c)
and adding paragraphs (e) through (g) to
read as follows:
§ 60.4202 What emission standards must I
meet for emergency engines if I am a
stationary CI internal combustion engine
manufacturer?
*
*
*
*
*
(e) Stationary CI internal combustion
engine manufacturers must certify the
following emergency stationary CI ICE
that are not fire pump engines to the
certification emission standards for new
marine CI engines in 40 CFR 94.8, as
applicable, for all pollutants, for the
same displacement and maximum
engine power:
(1) Their 2007 model year through
2012 emergency stationary CI ICE with
a displacement of greater than or equal
to 10 liters per cylinder and less than 30
liters per cylinder;
(2) Their 2013 model year emergency
stationary CI ICE with a maximum
engine power greater than or equal to
3,700 KW (4,958 HP) and a
displacement of greater than or equal to
10 liters per cylinder and less than 15
liters per cylinder; and
(3) Their 2013 model year emergency
stationary CI ICE with a displacement of
greater than or equal to 15 liters per
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cylinder and less than 30 liters per
cylinder.
(f) Stationary CI internal combustion
engine manufacturers must certify the
following emergency stationary CI ICE
to the certification emission standards
and other requirements applicable to
Tier 3 new marine CI engines in 40 CFR
1042.101, 40 CFR 1042.107, 40 CFR
1042.115, 40 CFR 1042.120, and 40 CFR
1042.145, for all pollutants, for the same
displacement and maximum engine
power:
(1) Their 2013 model year emergency
stationary CI ICE with a maximum
engine power less than 3,700 KW (4,958
HP) and a displacement of greater than
or equal to 10 liters per cylinder and
less than 15 liters per cylinder; and
(2) Their 2014 model year and later
emergency stationary CI ICE with a
displacement of greater than or equal to
10 liters per cylinder and less than 30
liters per cylinder.
(g) Notwithstanding the requirements
in paragraphs (a) through (f) of this
section, stationary CI internal
combustion engine manufacturers are
not required to certify reconstructed
engines; however they may elect to do
so. The reconstructed engine must be
certified to the emission standards
specified in paragraphs (a) through (f) of
this section that are applicable to the
model year, maximum engine power
and displacement of the reconstructed
emergency stationary CI ICE.
5. Section 60.4203 is revised to read
as follows:
§ 60.4203 How long must my engines meet
the emission standards if I am a
manufacturer of stationary CI internal
combustion engines?
Engines manufactured by stationary
CI internal combustion engine
manufacturers must meet the emission
standards as required in §§ 60.4201 and
60.4202 during the certified emissions
life of the engines.
6. Section 60.4204 is amended by
revising paragraph (c) and adding
paragraphs (d) and (e) to read as follows:
§ 60.4204 What emission standards must I
meet for non-emergency engines if I am an
owner or operator of a stationary CI internal
combustion engine?
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
*
*
*
*
*
(c) Owners and operators of nonemergency stationary CI engines with a
displacement of greater than or equal to
30 liters per cylinder must meet the
following requirements:
(1) For engines installed prior to
January 1, 2012, limit the emissions of
NOX in the stationary CI internal
combustion engine exhaust to the
following:
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(i) 17.0 g/KW-hr (12.7 g/HP-hr) when
maximum engine speed is less than 130
rpm;
(ii) 45 · n¥0.2 g/KW-hr (34 · n¥0.2
g/HP-hr) when maximum engine speed
is 130 or more but less than 2,000 rpm,
where n is maximum engine speed; and
(iii) 9.8 g/KW-hr (7.3 g/HP-hr) when
maximum engine speed is 2,000 rpm or
more.
(2) For engines installed on or after
January 1, 2012 and before January 1,
2016, limit the emissions of NOX in the
stationary CI internal combustion
engine exhaust to the following:
(i) 14.4 g/KW-hr (10.7 g/HP-hr) when
maximum engine speed is less than 130
rpm;
(ii) 44 · n¥0.23 g/KW-hr (33 · n¥0.23
g/HP-hr) when maximum engine speed
is greater than or equal to 130 but less
than 2,000 rpm and where n is
maximum engine speed; and
(iii) 7.7 g/KW-hr (5.7 g/HP-hr) when
maximum engine speed is greater than
or equal to 2,000 rpm.
(3) For engines installed on or after
January 1, 2016, limit the emissions of
NOX in the stationary CI internal
combustion engine exhaust to the
following:
(i) 3.4 g/KW-hr (2.5 g/HP-hr) when
maximum engine speed is less than 130
rpm;
(ii) 9.0 · n¥0.20 g/KW-hr (6.7 · n¥0.20
g/HP-hr) where n (maximum engine
speed) is 130 or more but less than
2,000 rpm; and
(iii) 2.0 g/KW-hr (1.5 g/HP-hr) where
maximum engine speed is greater than
or equal to 2,000 rpm.
(4) Reduce particulate matter (PM)
emissions by 60 percent or more, or
limit the emissions of PM in the
stationary CI internal combustion
engine exhaust to 0.15 g/KW-hr (0.11
g/HP-hr).
(d) Owners and operators of nonemergency stationary CI ICE with a
displacement of less than 30 liters per
cylinder who conduct performance tests
in use must meet the not-to-exceed
(NTE) standards as indicated in
§ 60.4212.
(e) Owners and operators of any
modified or reconstructed nonemergency stationary CI ICE subject to
this subpart must meet the emission
standards applicable to the model year,
maximum engine power, and
displacement of the modified or
reconstructed non-emergency stationary
CI ICE that are specified in paragraphs
(a) through (d) of this section.
7. Section 60.4205 is amended by
revising paragraphs (a) and (d) and
adding paragraphs (e) and (f) to read as
follows:
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§ 60.4205 What emission standards must I
meet for emergency engines if I am an
owner or operator of a stationary CI internal
combustion engine?
(a) Owners and operators of pre-2007
model year emergency stationary CI ICE
with a displacement of less than 10
liters per cylinder that are not fire pump
engines must comply with the emission
standards in Table 1 to this subpart.
Owners and operators of pre-2007
model year emergency stationary CI ICE
with a displacement of greater than or
equal to 10 liters per cylinder and less
than 30 liters per cylinder that are not
fire pump engines must comply with
the emission standards in 40 CFR
94.8(a)(1).
*
*
*
*
*
(d) Owners and operators of
emergency stationary CI engines with a
displacement of greater than or equal to
30 liters per cylinder must meet the
requirements in this section.
(1) For engines installed prior to
January 1, 2012, limit the emissions of
NOX in the stationary CI internal
combustion engine exhaust to the
following:
(i) 17.0 g/KW-hr (12.7 g/HP-hr) when
maximum engine speed is less than 130
rpm;
(ii) 45 · n¥0.2 g/KW-hr (34 · n¥0.2
g/HP-hr) when maximum engine speed
is 130 or more but less than 2,000 rpm,
where n is maximum engine speed; and
(iii) 9.8 g/kW-hr (7.3 g/HP-hr) when
maximum engine speed is 2,000 rpm or
more.
(2) For engines installed on or after
January 1, 2012 and before January 1,
2016, limit the emissions of NOX in the
stationary CI internal combustion
engine exhaust to the following:
(i) 14.4 g/KW-hr (10.7 g/HP-hr) when
maximum engine speed is less than 130
rpm;
(ii) 44 · n¥0.23 g/KW-hr (33 · n¥0.23
g/HP-hr) when maximum engine speed
is greater than or equal to 130 but less
than 2,000 rpm and where n is
maximum engine speed; and
(iii) 7.7 g/KW-hr (5.7 g/HP-hr) when
maximum engine speed is greater than
or equal to 2,000 rpm.
(3) Limit the emissions of PM in the
stationary CI internal combustion
engine exhaust to 0.40 g/KW-hr (0.30
g/HP-hr).
(e) Owners and operators of
emergency stationary CI ICE with a
displacement of less than 30 liters per
cylinder who conduct performance tests
in use must meet the NTE standards as
indicated in § 60.4212.
(f) Owners and operators of any
modified or reconstructed emergency
stationary CI ICE subject to this subpart
must meet the emission standards
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applicable to the model year, maximum
engine power, and displacement of the
modified or reconstructed CI ICE that
are specified in paragraphs (a) through
(e) of this section.
8. Section 60.4206 is revised to read
as follows:
§ 60.4206 How long must I meet the
emission standards if I am an owner or
operator of a stationary CI internal
combustion engine?
§ 60.4207 What fuel requirements must I
meet if I am an owner or operator of a
stationary CI internal combustion engine
subject to this subpart?
*
*
*
*
*
(d) Beginning January 1, 2014, owners
and operators of stationary CI ICE
subject to this subpart with a
displacement of greater than or equal to
30 liters per cylinder are not subject to
the requirements of paragraph (a) of this
section and must use fuel that meets a
maximum per-gallon sulfur content of
1,000 ppm.
*
*
*
*
*
10. Section 60.4208 is amended by
revising paragraphs (g) and (h) and
adding paragraph (i) to read as follows:
§ 60.4208 What is the deadline for
importing or installing stationary CI ICE
produced in the previous model year?
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
*
*
*
*
(g) After December 31, 2018, owners
and operators may not install nonemergency stationary CI ICE with a
maximum engine power greater than or
equal to 600 KW (804 HP) and less than
2,000 KW (2,680 HP) and a
displacement of greater than or equal to
10 liters per cylinder and less than 30
liters per cylinder that do not meet the
applicable requirements for 2017 model
year non-emergency engines.
(h) In addition to the requirements
specified in §§ 60.4201, 60.4202,
60.4204, and 60.4205, it is prohibited to
import stationary CI ICE with a
displacement of less than 30 liters per
cylinder that do not meet the applicable
requirements specified in paragraphs (a)
through (g) of this section after the dates
specified in paragraphs (a) through (g) of
this section.
(i) The requirements of this section do
not apply to owners or operators of
stationary CI ICE that have been
modified, reconstructed, and do not
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§ 60.4209 What are the monitoring
requirements if I am an owner or operator
of a stationary CI internal combustion
engine?
*
Owners and operators of stationary CI
ICE must operate and maintain
stationary CI ICE that achieve the
emission standards as required in
§§ 60.4204 and 60.4205 over the entire
life of the engine.
9. Section 60.4207 is amended by
revising paragraph (d) to read as
follows:
*
apply to engines that were removed
from one existing location and
reinstalled at a new location.
11. Section 60.4209 is amended by
revising paragraph (a) to read as follows:
*
*
*
*
(a) If you are an owner or operator of
an emergency stationary CI internal
combustion engine that does not meet
the standards applicable to nonemergency engines, you must install a
non-resettable hour meter prior to
startup of the engine.
*
*
*
*
*
12. Section 60.4210 is amended by:
a. Revising paragraph (b);
b. Revising paragraph (c) introductory
text;
c. Revising paragraph (c)(3)(i);
d. Revising paragraph (c)(3)(ii); and
e. Revising paragraph (d) to read as
follows:
§ 60.4210 What are my compliance
requirements if I am a stationary CI internal
combustion engine manufacturer?
*
*
*
*
*
(b) Stationary CI internal combustion
engine manufacturers must certify their
stationary CI ICE with a displacement of
greater than or equal to 10 liters per
cylinder and less than 30 liters per
cylinder to the emission standards
specified in § 60.4201(d) and (e) and
§ 60.4202(e) and (f) using the
certification procedures required in 40
CFR part 94, subpart C, or 40 CFR part
1042, subpart C, as applicable, and must
test their engines as specified in 40 CFR
part 94 or 1042, as applicable.
(c) Stationary CI internal combustion
engine manufacturers must meet the
requirements of 40 CFR 1039.120,
1039.125, 1039.130, and 1039.135, and
40 CFR part 1068 for engines that are
certified to the emission standards in 40
CFR part 1039. Stationary CI internal
combustion engine manufacturers must
meet the corresponding provisions of 40
CFR part 89, 40 CFR part 94 or 40 CFR
part 1042 for engines that would be
covered by that part if they were
nonroad (including marine) engines.
Labels on such engines must refer to
stationary engines, rather than or in
addition to nonroad or marine engines,
as appropriate. Stationary CI internal
combustion engine manufacturers must
label their engines according to
paragraphs (c)(1) through (3) of this
section.
*
*
*
*
*
(3) * * *
(i) Stationary CI internal combustion
engines that meet the requirements of
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this subpart and the corresponding
requirements for nonroad (including
marine) engines of the same model year
and HP must be labeled according to the
provisions in 40 CFR parts 89, 94, 1039
or 1042, as appropriate.
(ii) Stationary CI internal combustion
engines that meet the requirements of
this subpart, but are not certified to the
standards applicable to nonroad
(including marine) engines of the same
model year and HP must be labeled
according to the provisions in 40 CFR
parts 89, 94, 1039 or 1042, as
appropriate, but the words ‘‘stationary’’
must be included instead of ‘‘nonroad’’
or ‘‘marine’’ on the label. In addition,
such engines must be labeled according
to 40 CFR 1039.20.
*
*
*
*
*
(d) An engine manufacturer certifying
an engine family or families to
standards under this subpart that are
identical to standards applicable under
40 CFR parts 89, 94, 1039 or 1042 for
that model year may certify any such
family that contains both nonroad
(including marine) and stationary
engines as a single engine family and/
or may include any such family
containing stationary engines in the
averaging, banking and trading
provisions applicable for such engines
under those parts.
*
*
*
*
*
13. Section 60.4211 is amended:
a. By revising paragraph (a);
b. By revising the second sentence in
paragraph (c);
c. By redesignating paragraph (e) as
paragraph (f);
d. By adding a new paragraph (e);
e. By revising newly redesignated
paragraph (f); and
f. By adding paragraph (g) to read as
follows:
§ 60.4211 What are my compliance
requirements if I am an owner or operator
of a stationary CI internal combustion
engine?
(a) If you are an owner or operator and
must comply with the emission
standards specified in this subpart, you
must do all of the following, except as
permitted under paragraph (f) of this
section:
(1) Operate and maintain the
stationary CI internal combustion
engine and control device according to
the manufacturer’s emission-related
written instructions;
(2) Change only those emissionrelated settings that are permitted by the
manufacturer; and
(3) Meet the requirements of 40 CFR
parts 89, 94 and/or 1068, as they apply
to you.
*
*
*
*
*
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
(c) * * * The engine must be installed
and configured according to the
manufacturer’s emission-related
specifications, except as permitted in
paragraph (f) of this section.
*
*
*
*
*
(e) If you are an owner or operator of
a modified or reconstructed stationary
CI internal combustion engine and must
comply with the emission standards
specified in § 60.4204(e) or § 60.4205(f),
you must demonstrate compliance
according to one of the methods
specified in paragraphs (e)(1) or (2) of
this section.
(1) Purchasing, or otherwise owning
or operating, an engine certified to the
emission standards in § 60.4204(e) or
§ 60.4205(f), as applicable.
(2) Conducting a performance test to
demonstrate initial compliance with the
emission standards according to the
requirements specified in § 60.4212. The
test must be conducted within 60 days
after the engine commences operation
after the modification or reconstruction.
(f) If you own or operate an
emergency stationary ICE, you must
operate the engine according to the
conditions described in paragraphs (f)(1)
through (4) of this section.
(1) For owners and operators of
emergency ICE, any operation other
than emergency operation, maintenance
and testing, and operation in nonemergency situations for 50 hours per
year, as permitted in this section, is
prohibited.
(2) There is no time limit on the use
of emergency stationary ICE in
emergency situations.
(3) You may operate your emergency
stationary ICE 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.
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.
(4) You may operate your emergency
stationary ICE up to 50 hours per year
in non-emergency 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
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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; except
that owners and operators may operate
the emergency engine for a maximum of
15 hours per year as part of a demand
response program if the regional
transmission organization or equivalent
balancing authority and transmission
operator has determined there are
emergency conditions that could lead to
a potential electrical blackout, such as
unusually low frequency, equipment
overload, capacity or energy deficiency,
or unacceptable voltage level. The
engine may not be operated for more
than 30 minutes prior to the time when
the emergency condition is expected to
occur, and the engine operation must be
terminated immediately after the facility
is notified that the emergency condition
is no longer imminent. The 15 hours per
year of demand response operation are
counted as part of the 50 hours of
operation per year provided for nonemergency situations. The supply of
emergency power to another entity or
entities pursuant to financial
arrangement is not limited by this
paragraph (f)(4), as long as the power
provided by the financial arrangement is
limited to emergency power.
(g) Unless you operate, maintain,
install and configure your engine and
control device according to the
manufacturer’s emission-related written
instructions and change only those
emission-related settings that are
permitted by the manufacturer, you
must demonstrate compliance as
follows:
(1) If you are an owner or operator of
a stationary CI internal combustion
engine with maximum engine power
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 performance
testing is required only if you do not
install and configure your engine and
control device according to the
manufacturer’s emission-related written
instructions or if you change emissionrelated settings in a way that is not
permitted by the manufacturer, in either
of which case you must conduct an
initial performance test within 1 year of
such action.
(2) If you are an owner or operator of
a stationary CI 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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32625
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, or
within 1 year following the change in
emission-related settings or
configuration indicated in this
paragraph (g)(1)(ii), to demonstrate
compliance.
(3) If you are an owner or operator of
a stationary CI 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 of engine operation or
3 years, whichever comes first,
thereafter to demonstrate compliance.
14. Section 60.4212 is amended by
revising the introductory text and
paragraph (a) and adding paragraph (e)
to read as follows:
§ 60.4212 What test methods and other
procedures must I use if I am an owner or
operator of a stationary CI internal
combustion engine with a displacement of
less than 30 liters per cylinder?
Owners and operators of stationary CI
ICE with a displacement of less than 30
liters per cylinder who conduct
performance tests pursuant to this
subpart must do so according to
paragraphs (a) through (e) of this
section.
(a) The performance test must be
conducted according to the in-use
testing procedures in 40 CFR part 1039,
subpart F, for stationary CI ICE with a
displacement of less than 10 liters per
cylinder, and according to 40 CFR part
1042, subpart F, for stationary CI ICE
with a displacement of greater than or
equal to 10 liters per cylinder and less
than 30 liters per cylinder.
*
*
*
*
*
(e) Exhaust emissions from stationary
CI ICE that are complying with the
emission standards for new CI engines
in 40 CFR part 1042 must not exceed the
NTE standards for the same model year
and maximum engine power as required
in 40 CFR 1042.101(c)(i).
15. Section 60.4215 is amended by
revising paragraph (a) and adding
paragraph (c) to read as follows:
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
§ 60.4215 What requirements must I meet
for engines used in Guam, American
Samoa, or the Commonwealth of the
Northern Mariana Islands?
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
(a) Stationary CI ICE with a
displacement of less than 30 liters per
cylinder that are used in Guam,
American Samoa, or the Commonwealth
of the Northern Mariana Islands are
required to meet the applicable
emission standards in §§ 60.4202 and
60.4205.
*
*
*
*
*
(c) Stationary CI ICE with a
displacement of greater than or equal to
30 liters per cylinder that are used in
Guam, American Samoa, or the
Commonwealth of the Northern Mariana
Islands are required to meet the
following emission standards:
(1) For engines installed prior to
January 1, 2012, limit the emissions of
NOX in the stationary CI internal
combustion engine exhaust to the
following:
(i) 17.0 g/KW-hr (12.7 g/HP-hr) when
maximum engine speed is less than 130
rpm;
(ii) 45 · n¥0.2 g/KW-hr (34 · n¥0.2
g/HP-hr) when maximum engine speed
is 130 or more but less than 2,000 rpm,
where n is maximum engine speed; and
(iii) 9.8 g/KW-hr (7.3 g/HP-hr) when
maximum engine speed is 2,000 rpm or
more.
(2) For engines installed on or after
January 1, 2012, limit the emissions of
NOX in the stationary CI internal
combustion engine exhaust to the
following:
(i) 14.4 g/KW-hr (10.7 g/HP-hr) when
maximum engine speed is less than 130
rpm;
(ii) 44 · n¥0.23 g/KW-hr (33 · n¥0.23
g/HP-hr) when maximum engine speed
is greater than or equal to 130 but less
than 2,000 rpm and where n is
maximum engine speed; and
(iii) 7.7 g/KW-hr (5.7 g/HP-hr) when
maximum engine speed is greater than
or equal to 2,000 rpm.
(3) Limit the emissions of PM in the
stationary CI internal combustion
engine exhaust to 0.40 g/KW-hr (0.30
g/HP-hr).
16. Section 60.4216 is amended by
revising paragraph (b) and adding
paragraphs (c) through (e) to read as
follows:
§ 60.4216 What requirements must I meet
for engines used in Alaska?
*
*
*
*
*
(b) Except as indicated in paragraph
(c) of this section, manufacturers,
owners and operators of stationary CI
engines located in areas of Alaska not
accessible by the Federal Aid Highway
System (FAHS) with a displacement of
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less than 10 liters per cylinder may meet
the requirements of this subpart by
manufacturing and installing engines
meeting the requirements of 40 CFR
parts 94 or 1042, as appropriate, rather
than the otherwise applicable
requirements of 40 CFR parts 89 and
1039. Except as indicated in paragraph
(c) of this section, the requirements of
40 CFR parts 94 and 1042 that are
applicable to manufacturers, owners
and operators of stationary CI engines
located in areas of Alaska not accessible
by the FAHS with a displacement of less
than 10 liters per cylinder are the same
as the requirements of 40 CFR parts 94
and 1042 indicated in this subpart that
are applicable to manufacturers, owners
and operators of engines with a
displacement of greater than or equal to
10 liters per cylinder and less than 30
liters per cylinder.
(c) Stationary CI ICE with a
displacement of less than 30 liters per
cylinder that are located in areas of
Alaska not accessible by the FAHS may
choose to meet the applicable emission
standards for emergency engines in
§ 60.4202 and § 60.4205, and not those
for non-emergency engines in § 60.4201
and § 60.4204, except that for all of the
following engines, the owner or operator
of any such engine that was not certified
as meeting Tier 4 PM standards, must
meet the applicable requirements for
PM in § 60.4201 and § 60.4204 or install
a PM emission control device that
achieves PM emission reductions of 85
percent compared to engine-out
emissions:
(1) Model year 2011 and later model
year non-emergency engines with a
maximum engine power greater than or
equal to 130 KW (175 HP) and less than
or equal to 560 KW (750 HP);
(2) Model year 2012 and later model
year non-emergency engines with a
maximum engine power greater than or
equal to 56 KW (75 HP) and less than
130 KW (175 HP);
(3) Model year 2013 and later model
year non-emergency engines with a
maximum engine power greater than or
equal to 19 KW (25 HP) and less than
56 KW (75 HP);
(4) Model year 2015 and later model
year non-emergency engines with a
maximum engine power greater than
560 KW (750 HP).
(d) The provisions of § 60.4207 do not
apply to owners and operators of pre2011 model year stationary CI ICE
subject to this subpart that are located
in areas of Alaska not accessible by the
FAHS.
(e) The provisions of § 60.4208(a) do
not apply to owners and operators of
stationary CI ICE subject to this subpart
that are located in areas of Alaska not
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accessible by the FAHS until after
December 31, 2009.
17. Section 60.4217 is revised to read
as follows:
§ 60.4217 What emission standards must I
meet if I am an owner or operator of a
stationary internal combustion engine
using special fuels?
Owners and operators of stationary CI
ICE that do not use diesel fuel may
petition the Administrator for approval
of alternative emission standards, if they
can demonstrate that they use a fuel that
is not the fuel on which the
manufacturer of the engine certified the
engine and that the engine cannot meet
the applicable standards required in
§ 60.4204 or § 60.4205 using such fuels
and that use of such fuel is appropriate
and reasonably necessary, considering
cost, energy, technical feasibility,
human health and environmental, and
other factors, for the operation of the
engine.
18. Section 60.4219 is amended by:
a. Adding definitions of ‘‘Certified
emissions life’’ and ‘‘Date of
manufacture’’ in alphabetical order;
b. Revising the definition of
‘‘Emergency stationary internal
combustion engine’’;
c. Adding a definition of ‘‘Freshly
manufactured engine’’ in alphabetical
order;
d. Adding a definition of ‘‘Installed’’
in alphabetical order;
e. Revising the definition of ‘‘Model
year’’;
f. Adding a definition of ‘‘Reconstruct’’
in alphabetical order;
g. Revising the definition of
‘‘Stationary internal combustion
engine’’; and
h. Removing the definition of ‘‘Useful
life’’.
The revisions and additions read as
follows.
§ 60.4219
subpart?
What definitions apply to this
*
*
*
*
*
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 CI ICE with a
displacement of less than 10 liters per
cylinder are given in 40 CFR
1039.101(g). The values for certified
emissions life for stationary CI ICE with
a displacement of greater than or equal
to 10 liters per cylinder and less than 30
liters per cylinder are given in 40 CFR
94.9(a).
*
*
*
*
*
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
Date of manufacture means one of the
following things:
(1) For freshly manufactured engines
and modified engines, date of
manufacture means the date the engine
is originally produced.
(2) For reconstructed engines, date of
manufacture means the date the engine
was originally produced, except as
specified in paragraph (3) of this
definition.
(3) Reconstructed engines are
assigned a new date of manufacture if
the crankshaft is removed as part of the
reconstruction or if the fixed capital cost
of the new and refurbished components
exceeds 75 percent of the fixed capital
cost of a comparable new engine (see
the definition of ‘‘reconstruct’’). An
engine that is produced from a
previously used engine block does not
retain the date of manufacture of the
engine in which the engine block was
previously used if the engine serial
number was removed (or the engine
otherwise loses its identity), or the
engine is produced using all new
components except for the engine block.
In all these cases, the date of
manufacture is the date of
reconstruction or the date the new
engine is produced.
*
*
*
*
*
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
CI ICE used for peak shaving are not
considered emergency stationary ICE.
Stationary CI ICE used to supply power
to an electric grid or that supply nonemergency power as part of a financial
arrangement with another entity are not
considered to be emergency engines,
except as permitted under § 60.4211(e).
*
*
*
*
*
Freshly manufactured engine means
an engine that has not been placed into
service. An engine becomes freshly
manufactured when it is originally
produced. Note that this includes an
engine that is produced using some
previously used parts if it does not
retain its original identity.
Installed means the engine is placed
and secured at the location where it is
intended to be operated; piping and
wiring for exhaust, fuel, controls, etc., is
installed and all connections are made;
and the engine is capable of being
started.
*
*
*
*
*
Model year means the calendar year
in which an engine is manufactured (see
‘‘date of manufacture’’), except as
follows:
(1) Model year means the annual new
model production period of the engine
manufacturer in which an engine is
manufactured (see ‘‘date of
manufacture’’), if the annual new model
production period is different than the
calendar year and includes 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.
(2) For an engine that is converted to
a stationary engine after being placed
32627
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
manufactured (see ‘‘date of
manufacture’’).
*
*
*
*
*
Reconstruct means to replace or
refurbish components of an existing
engine to such an extent that the fixed
capital cost of the new and refurbished
components exceeds 50 percent of the
fixed capital cost of a comparable new
engine. The fixed capital cost of the new
and refurbished components includes
the capital cost of each component plus
the labor cost for the replacement or
refurbishment. For purposes of
reconstruction, an existing stationary
engine is defined as including those
components mounted to or within the
cylinder block, the engine housings, and
engine mounted components, but
excluding ancillary components such as
external cooling for fuel supply.
*
*
*
*
*
Stationary internal combustion engine
means any internal combustion engine,
except combustion turbines, that
converts heat energy into mechanical
work and is not mobile. Stationary ICE
differ from mobile ICE in that a
stationary internal combustion engine is
not a nonroad engine as defined at 40
CFR 1068.30 (excluding paragraph
(2)(ii) of that definition), and is not used
to propel a motor vehicle, aircraft, or a
vehicle used solely for competition.
Stationary ICE include reciprocating
ICE, rotary ICE, and other ICE, except
combustion turbines.
*
*
*
*
*
19. Table 3 to Subpart IIII of Part 60
is revised to read as follows:
TABLE 3 TO SUBPART IIII OF PART 60—CERTIFICATION REQUIREMENTS FOR STATIONARY FIRE PUMP ENGINES
[As stated in § 60.4202(d), you must certify new stationary fire pump engines beginning with the following model years]
Starting model year engine
manufacturers must certify
new stationary fire pump engines according to
§ 60.4202(d) 1
Engine power
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
KW < 75 (HP < 100) ..................................................................................................................................................
75 ≤ KW < 130 (100 ≤ HP < 175) .............................................................................................................................
130 ≤ KW ≤ 560(175 ≤ HP ≤ 750) ............................................................................................................................
KW > 560 (HP > 750) ................................................................................................................................................
2011
2010
2009
2008
1 Manufacturers of fire pump stationary CI ICE with a maximum engine power greater than or equal to 37 KW (50 HP) and less than 450 KW
(600 HP) and a rated speed of greater than 2,650 revolutions per minute (rpm) are not required to certify such engines until three model years
following the model year indicated in this Table 3 for engines in the applicable engine power category.
20. Table 8 to subpart IIII of part 60
is revised to read as follows:
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
TABLE 8 TO SUBPART IIII OF PART 60—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIII
[As stated in § 60.4218, you must comply with the following applicable General Provisions]
General provisions citation
§ 60.1
§ 60.2
§ 60.3
§ 60.4
§ 60.5
§ 60.6
§ 60.7
Applies to
subpart
Subject of citation
................
................
................
................
................
................
................
General applicability of the General Provisions ........
Definitions ..................................................................
Units and abbreviations .............................................
Address .....................................................................
Determination of construction or modification ...........
Review of plans .........................................................
Notification and Record-keeping ...............................
Yes.
Yes
Yes.
Yes.
Yes.
Yes.
Yes
§ 60.8 ................
Performance tests .....................................................
Yes
§ 60.9 ................
§ 60.10 ..............
§ 60.11 ..............
Yes.
Yes.
No
§ 60.12 ..............
§ 60.13 ..............
Availability of information ..........................................
State Authority ...........................................................
Compliance with standards and maintenance requirements.
Circumvention ............................................................
Monitoring requirements ............................................
§ 60.14 ..............
§ 60.15(a) ..........
§ 60.15(b)–(c) ....
Modification ...............................................................
Reconstruction ...........................................................
Reconstruction ...........................................................
Yes.
Yes.
No
§ 60.15(d)–(g) ...
§ 60.16 ..............
§ 60.17 ..............
§ 60.18 ..............
§ 60.19 ..............
Reconstruction ...........................................................
Priority list ..................................................................
Incorporations by reference ......................................
General control device requirements ........................
General notification and reporting requirements .......
Yes.
Yes.
Yes.
No.
Yes.
Subpart JJJJ—[Amended]
21. Section 60.4230 is amended by
revising paragraphs (a) introductory text
and (a)(5) and adding paragraph (a)(6) to
read as follows:
§ 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 (6) of this section. For the
purposes of this subpart, the date that
construction commences is the date the
(1)
(2)
(3)
(4)
*
*
*
*
(g) Notwithstanding the requirements
in paragraphs (a) through (c) of this
section, stationary SI internal
combustion engine manufacturers are
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Except that § 60.7 only applies as specified in
§ 60.4214(a).
§ 60.8 only applies to stationary CI ICE in the specific instances, and with the specific timing, that
performance tests are contemplated under this
subpart IIII.
Requirements are specified in subpart IIII.
Except that § 60.13 only applies to stationary CI
ICE with a displacement of ≥30 liters per cylinder.
For purposes of this subpart, reconstruct is defined
in § 60.4219.
22. Section 60.4231 is amended by
revising paragraph (a) and adding
paragraph (g) to read as follows:
§ 60.4231 What emissions standards must
I meet if I am a manufacturer of stationary
SI internal combustion engines or
equipment containing such 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 or 1054, as follows:
And manufacturing dates are . . .
below 225 cc ....................................................................
below 225 cc ....................................................................
at or above 225 cc ...........................................................
at or above 225 cc ...........................................................
*
Yes.
Yes
Additional terms defined in § 60.4219.
engine is ordered by the owner or
operator.
*
*
*
*
*
(5) Owners and operators of stationary
SI ICE that are modified or
reconstructed after June 12, 2006, and
any person that modifies or reconstructs
any stationary SI ICE after June 12,
2006.
(6) The provisions of § 60.4236 of this
subpart are applicable to all owners and
operators of stationary SI ICE that
commence construction after June 12,
2006.
*
*
*
*
*
If engine displacement is . . .
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
Explanation
July 1, 2008 to December 31, 2011 ......................................
January 1, 2012 or later ........................................................
July 1, 2008 to December 31, 2010 ......................................
January 1, 2011 or later ........................................................
not required to certify reconstructed
engines; however they may elect to do
so. The reconstructed engine must be
certified to the emission standards
specified in paragraphs (a) through (e) of
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The engine must
meet emission
standards and related requirements
for nonhandheld engines under . . .
40
40
40
40
CFR
CFR
CFR
CFR
part
part
part
part
90.
1054.
90.
1054.
this section that are applicable to the
model year, maximum engine power
and displacement of the reconstructed
stationary SI ICE.
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
23. Section 60.4233 is amended by
revising paragraph (f) to read as follows:
§ 60.4233 What emission standards must I
meet if I am an owner or operator of a
stationary SI internal combustion engine?
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
*
*
*
*
*
(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
12, 2006, must comply with emission
standards in § 60.4231(a) for their
stationary SI ICE. Engines with a date of
manufacture prior to July 1, 2008 must
comply with the emission standards
specified in § 60.4231(a) applicable to
engines manufactured on July 1, 2008.
(2) Owners and operators of stationary
SI ICE with a maximum engine power
greater than 19 KW (25 HP) that are
gasoline engines and are modified or
reconstructed after June 12, 2006, must
comply with the emission standards in
§ 60.4231(b) for their stationary SI ICE.
Engines with a date of manufacture
prior to July 1, 2008 (or January 1, 2009
for emergency engines) must comply
with the emission standards specified in
§ 60.4231(b) applicable to engines
manufactured on July 1, 2008 (or
January 1, 2009 for emergency engines).
(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
§ 60.4231(c). Engines with a date of
manufacture prior to July 1, 2008 (or
January 1, 2009 for emergency engines)
must comply with the emission
standards specified in § 60.4231(c)
applicable to engines manufactured on
July 1, 2008 (or January 1, 2009 for
emergency engines).
(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
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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.
Engines with maximum engine power
less than 500 HP and a date of
manufacture prior to July 1, 2008 must
comply with the emission standards
specified in paragraph (e) of this section
for stationary landfill/digester gas ICE
with a maximum engine power less than
500 HP manufactured on July 1, 2008.
Engines with a maximum engine power
greater than or equal to 500 HP (except
lean burn engines greater than or equal
to 500 HP and less than 1,350 HP) and
a date of manufacture prior to July 1,
2007 must comply with the emission
standards specified in paragraph (e) of
this section for stationary landfill/
digester gas ICE with a maximum engine
power greater than or equal to 500 HP
(except lean burn engines greater than
or equal to 500 HP and less than 1,350
HP) manufactured on July 1, 2007. Lean
burn engines greater than or equal to
500 HP and less than 1,350 HP with a
date of manufacture prior to January 1,
2008 must comply with the emission
standards specified in paragraph (e) of
this section for stationary landfill/
digester gas ICE that are lean burn
engines greater than or equal to 500 HP
and less than 1,350 HP and
manufactured on January 1, 2008.
*
*
*
*
*
24. Section 60.4241 is amended by
revising the first sentence in paragraph
(b) to read as follows:
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32629
§ 60.4241 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion engines
participating in the voluntary certification
program?
*
*
*
*
*
(b) Manufacturers of engines other
than those certified to standards in 40
CFR part 90 or 40 CFR part 1054 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 3 to 40 CFR 1048.505,
except that Table 3 of 40 CFR 1048.505
applies to high load engines only. * * *
*
*
*
*
*
25. Section 60.4243 is amended by:
a. Revising paragraph (a) introductory
text;
b. Revising paragraph (a)(1);
c. Revising paragraph (d); and
d. Adding paragraph (i) to read as
follows:
§ 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. 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. 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.
*
*
*
*
*
(d) If you own or operate an
emergency stationary ICE, you must
E:\FR\FM\08JNP3.SGM
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
operate the engine according to the
conditions described in paragraphs
(d)(1) through (4) of this section.
(1) For owners and operators of
emergency ICE, any operation other
than emergency operation, maintenance
and testing, and operation in nonemergency situations for 50 hours per
year, as permitted in this section, is
prohibited.
(2) There is no time limit on the use
of emergency stationary ICE in
emergency situations.
(3) You may operate your emergency
stationary ICE 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.
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.
(4) You may operate your emergency
stationary ICE up to 50 hours per year
in non-emergency 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; except
that owners and operators may operate
the emergency engine for a maximum of
15 hours per year as part of a demand
response program if the regional
transmission organization or equivalent
balancing authority and transmission
operator has determined there are
emergency conditions that could lead to
a potential electrical blackout, such as
unusually low frequency, equipment
overload, capacity or energy deficiency,
or unacceptable voltage level. The
engine may not be operated for more
than 30 minutes prior to the time when
the emergency condition is expected to
occur, and the engine operation must be
terminated immediately after the facility
is notified that the emergency condition
is no longer imminent. The 15 hours per
year of demand response operation are
counted as part of the 50 hours of
operation per year provided for nonemergency situations. The supply of
emergency power to another entity or
entities pursuant to financial
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arrangement is not limited by this
paragraph (d)(4), as long as the power
provided by the financial arrangement is
limited to emergency power.
*
*
*
*
*
(i) If you are an owner or operator of
a modified or reconstructed stationary
SI internal combustion engine and must
comply with the emission standards
specified in § 60.4233(f), you must
demonstrate compliance according to
one of the methods specified in
paragraphs (i)(1) or (2) of this section.
(1) Purchasing, or otherwise owning
or operating, an engine certified to the
emission standards in § 60.4233(f), as
applicable.
(2) Conducting a performance test to
demonstrate initial compliance with the
emission standards according to the
requirements specified in § 60.4244. The
test must be conducted within 60 days
after the engine commences operation
after the modification or reconstruction.
26. Section 60.4248 is amended by:
a. Revising the definition of ‘‘Certified
emissions life’’;
b. Adding a definition for ‘‘Date of
manufacture’’ in alphabetical order;
c. Revising the definition of
‘‘Emergency stationary internal
combustion engine’’;
d. Adding a definition for ‘‘Freshly
manufactured engine’’ in alphabetical
order;
e. Adding a definition for ‘‘Installed’’
in alphabetical order;
f. Revising the definition of ‘‘Model
year’’;
g. Adding a definition of
‘‘Reconstruct’’ in alphabetical order;
h. Revising the definition of
‘‘Stationary internal combustion
engine’’; and
i. Revising the definition of
‘‘Stationary internal combustion engine
test cell/stand’’ to read as follows:
§ 60.4248
subpart?
What definitions apply to this
*
*
*
*
*
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,
40 CFR 1054.107, and 40 CFR 1060.101,
as appropriate. 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 given in 40 CFR 1048.101(g).
The certified emissions life for
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stationary SI ICE with a maximum
engine power greater than 75 KW (100
HP) certified under the voluntary
manufacturer certification program of
this subpart is 5,000 hours or 7 years,
whichever comes first. You may request
in your application for certification that
we approve a shorter certified emissions
life for an engine family. We may
approve a shorter certified emissions
life, in hours of engine operation but not
in years, if we determine that these
engines will rarely operate longer than
the shorter certified emissions life. If
engines identical to those in the engine
family have already been produced and
are in use, your demonstration must
include documentation from such inuse engines. In other cases, your
demonstration must include an
engineering analysis of information
equivalent to such in-use data, such as
data from research engines or similar
engine models that are already in
production. Your demonstration must
also include any overhaul interval that
you recommend, any mechanical
warranty that you offer for the engine or
its components, and any relevant
customer design specifications. Your
demonstration may include any other
relevant information. The certified
emissions life value may not be shorter
than any of the following:
(1) 1,000 hours of operation.
(2) Your recommended overhaul
interval.
(3) Your mechanical warranty for the
engine.
*
*
*
*
*
Date of manufacture means one of the
following things:
(1) For freshly manufactured engines
and modified engines, date of
manufacture means the date the engine
is originally produced.
(2) For reconstructed engines, date of
manufacture means the date the engine
was originally produced, except as
specified in paragraph (3) of this
definition.
(3) Reconstructed engines are
assigned a new date of manufacture if
the crankshaft is removed as part of the
reconstruction or if the fixed capital cost
of the new and refurbished components
exceeds 75 percent of the fixed capital
cost of a comparable new engine (see
the definition of ‘‘reconstruct’’). An
engine that is produced from a
previously used engine block does not
retain the date of manufacture of the
engine in which the engine block was
previously used if the engine serial
number was removed (or the engine
otherwise loses its identity), or the
engine is produced using all new
components except for the engine block.
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
In all these cases, the date of
manufacture is the date of
reconstruction or the date the new
engine is produced.
*
*
*
*
*
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 SI ICE used to supply power
to an electric grid or that supply nonemergency power as part of a financial
arrangement with another entity are not
considered to be emergency engines,
except as permitted under § 60.4243(d).
*
*
*
*
*
Freshly manufactured engine means
an engine that has not been placed into
service. An engine becomes freshly
manufactured when it is originally
produced. Note that this includes an
engine that is produced using some
previously used parts if it does not
retain its original identity.
*
*
*
*
*
Installed means the engine is placed
and secured at the location where it is
intended to be operated; piping and
wiring for exhaust, fuel, controls, etc., is
installed and all connections are made;
and the engine is capable of being
started.
*
*
*
*
*
Model year means the calendar year
in which an engine is manufactured (see
‘‘date of manufacture’’), except as
follows:
(1) Model year means the annual new
model production period of the engine
manufacturer in which an engine is
manufactured (see ‘‘date of
manufacture’’), if the annual new model
production period is different than the
calendar year and includes 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.
(2) 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
manufactured (see ‘‘date of
manufacture’’).
*
*
*
*
*
Reconstruct means to replace or
refurbish components of an existing
engine to such an extent that the fixed
capital cost of the new and refurbished
components exceeds 50 percent of the
32631
fixed capital cost of a comparable new
engine. The fixed capital cost of the new
and refurbished components includes
the capital cost of each component plus
the labor cost for the replacement or
refurbishment. For purposes of
reconstruction, an existing stationary
engine is defined as including those
components mounted to or within the
cylinder block, the engine housings, and
engine mounted components, but
excluding ancillary components such as
external cooling for fuel supply.
*
*
*
*
*
Stationary internal combustion engine
means any internal combustion engine,
except combustion turbines, that
converts heat energy into mechanical
work and is not mobile. Stationary ICE
differ from mobile ICE in that a
stationary internal combustion engine is
not a nonroad engine as defined at 40
CFR 1068.30 (excluding paragraph
(2)(ii) of that definition), and is not used
to propel a motor vehicle, aircraft, 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 40 CFR part 63
subpart PPPPP, that tests stationary ICE.
*
*
*
*
*
27. Table 2 to Subpart JJJJ of Part 60
is revised to read as follows:
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.
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
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;
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location;
(1) Method 1 or 1A of 40
CFR part 60, Appendix
A or ASTM Method
D6522–00(2005) a.
(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.
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
(3) Method 2 or 19 of 40
CFR part 60.
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(4) Method 4 of 40 CFR
part 60, appendix A,
Method 320 of 40 CFR
part 63, appendix A, or
ASTM D 6348–03 (incorporated by reference,
see § 60.17).
E:\FR\FM\08JNP3.SGM
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(c) Measurements to determine moisture must
be made at the same
time as the measurement for NOX concentration.
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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
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
You must
b. Limit the concentration
of CO in the stationary
SI internal combustion
engine exhaust.
Using
According to the following
requirements
v. Measure NOX at the exhaust of the stationary
internal combustion engine
For each
(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 D
6348–03 (incorporated
by reference, see
§ 60.17).
(1) Method 1 or 1A of 40
CFR part 60, Appendix
A or ASTM Method
D6522–00(2005) a.
(d) Results of this test consist of the average of
the three 1-hour or
longer runs.
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
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
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;
iv. If necessary, measure
moisture content of the
stationary internal combustion engine exhaust
at the sampling port location; and
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(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 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 D 6348–03 (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.
(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.
(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 D 6348–03 (incorporated by reference,
see § 60.17).
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(c) Measurements to determine moisture must
be made at the same
time as the measurement for VOC concentration.
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
32633
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
You must
Using
According to the following
requirements
v. Measure VOC at the exhaust of the stationary
internal combustion engine
For each
(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 D
6348–03 (incorporated
by reference, see
§ 60.17).
(d) Results of this test consist of the average of
the three 1-hour or
longer runs.
28. Table 3 to Subpart JJJJ of Part 60
is revised to read as follows:
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]
Applies to subpart
General provisions citation
Subject of citation
§ 60.1 .......................................................
Yes.
§ 60.6 .......................................................
§ 60.7 .......................................................
General applicability of the General Provisions.
Definitions ..............................................
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 .......................................
Reconstruction .......................................
Yes.
Yes.
Yes ...................
Reconstruction .......................................
Priority list ..............................................
Incorporations by reference ...................
General control device requirements .....
General notification and reporting requirements.
Yes.
Yes.
Yes.
No.
Yes.
§ 60.2
§ 60.3
§ 60.4
§ 60.5
.......................................................
.......................................................
.......................................................
.......................................................
§ 60.12 .....................................................
§ 60.13 .....................................................
§ 60.14 .....................................................
§ 60.15(a) .................................................
§ 60.15(b)–(c) ..........................................
§ 60.15(d)–(g) ..........................................
§ 60.16 .....................................................
§ 60.17 .....................................................
§ 60.18 .....................................................
§ 60.19 .....................................................
Yes ...................
Yes.
Yes.
Yes.
Yes.
Yes ...................
Yes.
No.
Yes.
Yes.
No .....................
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
PART 1039 —[AMENDED]
§ 1039.20 What requirements from this
part apply to excluded stationary engines?
29. The authority citation for part
1039 continues to read as follows:
*
Authority: 42 U.S.C. 7401–7671q.
30. Section 1039.20 is amended by
revising paragraph (a) introductory text
and paragraph (c) to read as follows:
VerDate Mar<15>2010
17:26 Jun 07, 2010
Jkt 220001
*
*
*
*
(a) You must add a permanent label
or tag to each new engine you produce
or import that is excluded under
§ 1039.1(c) as a stationary engine and is
not required by 40 CFR part 60, subpart
IIII, to meet the requirements of this part
1039, or the requirements of parts 89, 94
PO 00000
Frm 00023
Fmt 4701
Sfmt 4702
Explanation
Additional terms defined in § 60.4248.
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.
Requirements are specified in subpart
JJJJ.
For purposes of this subpart, reconstruct is defined in § 60.4248
or 1042, that are equivalent to the
requirements applicable to marine or
land-based nonroad engines for the
same model year. To meet labeling
requirements, you must do the
following things:
*
*
*
*
*
(c) Stationary engines required by 40
CFR part 60, subpart IIII, to meet the
requirements of this part 1039, or part
E:\FR\FM\08JNP3.SGM
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32634
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Proposed Rules
89, 94 or 1042, must meet the labeling
requirements of 40 CFR 60.4210.
PART 1042 —[AMENDED]
34. Section 1065.1 is amended by
revising paragraphs (a)(3) and (a)(4) to
read as follows:
Authority: 42 U.S.C. 7401–7671q.
32. Section 1042.1 is amended by
adding paragraph (h) to read as follows:
Applicability
*
*
*
*
(h) Starting with the model years
noted in Table 1 of this section, all of
the subparts of this part, except subpart
I, apply as specified in 40 CFR part 60,
subpart IIII, to freshly manufactured
stationary compression-ignition engines
subject to the standards of 40 CFR part
60, subpart IIII, that have a per-cylinder
displacement at or above 10 liters and
below 30 liters per cylinder. Such
engines are considered Category 2
engines for purposes of this part 1042.
emcdonald on DSK2BSOYB1PROD with PROPOSALS3
*
VerDate Mar<15>2010
17:26 Jun 07, 2010
Jkt 220001
33. The authority citation for part
1065 continues to read as follows:
Authority: 42 U.S.C. 7401–7671q.
31. The authority citation for part
1042 continues to read as follows:
§ 1042.1
PART 1065—[AMENDED]
§ 1065.1
Applicability
(a) * * *
(3) Nonroad diesel engines we
regulate under 40 CFR part 1039 and
stationary compression-ignition engines
that are certified to the standards in 40
CFR part 1039, as specified in 40 CFR
part 60, subpart IIII. For earlier model
years, manufacturers may use the test
procedures in this part or those
specified in 40 CFR part 89 according to
§ 1065.10.
(4) Marine diesel engines we regulate
under 40 CFR part 1042 and stationary
compression-ignition engines that are
certified to the standards in 40 CFR part
1042, as specified in 40 CFR part 60,
PO 00000
Frm 00024
Fmt 4701
Sfmt 9990
subpart IIII. For earlier model years,
manufacturers may use the test
procedures in this part or those
specified in 40 CFR part 94 according to
§ 1065.10.
*
*
*
*
*
PART 1068—[AMENDED]
35. The authority citation for part
1068 continues to read as follows:
Authority: 42 U.S.C. 7401–7671q.
36. Section 1068.1 is amended by
revising paragraph (a)(3) to read as
follows:
§ 1068.1
Does this part apply to me?
(a) * * *
(3) Stationary compression-ignition
engines certified using the provisions of
40 CFR parts 1039 or 1042, as indicated
in 40 CFR part 60, subpart IIII.
*
*
*
*
*
[FR Doc. 2010–12911 Filed 6–7–10; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\08JNP3.SGM
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Agencies
[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Proposed Rules]
[Pages 32612-32634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12911]
[[Page 32611]]
-----------------------------------------------------------------------
Part III
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 60, 1039, 1042, et al.
Standards of Performance for Stationary Compression Ignition and Spark
Ignition Internal Combustion Engines; Proposed Rule
Federal Register / Vol. 75 , No. 109 / Tuesday, June 8, 2010 /
Proposed Rules
[[Page 32612]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 1039, 1042, 1065, and 1068
[EPA-HQ-OAR-2010-0295, FRL-9156-4]
RIN 2060-AP67
Standards of Performance for Stationary Compression Ignition and
Spark Ignition Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing revisions to the standards of performance for
new stationary compression ignition internal combustion engines under
section 111(b) of the Clean Air Act. The proposed rule would implement
more stringent standards for stationary compression ignition engines
with displacement greater than or equal to 10 liters per cylinder and
less than 30 liters per cylinder, consistent with recent revisions to
standards for similar mobile source marine engines. The action also
proposes to provide additional flexibility to owners and operators of
affected engines, and would correct minor mistakes in the initial
standards of performance. In addition, the action proposes revisions to
the requirements for engines with displacement at or above 30 liters
per cylinder to align more closely with recent standards for similar
mobile source marine engines, and for engines in rural portions of
Alaska that are not accessible by the Federal Aid Highway System.
Finally, the proposal would make minor revisions to the standards of
performance for new stationary spark ignition internal combustion
engines to mirror certain revisions proposed for compression ignition
engines, which would provide consistency where appropriate for the
regulation of stationary internal combustion engines. The proposed
standards would reduce nitrogen oxides by an estimated 1,100 tons per
year, particulate matter by an estimated 38 tons per year, and
hydrocarbons by an estimated 18 tons per year by the year 2030.
DATES: Comments must be received on or before August 9, 2010.
Public Hearing. If anyone contacts us requesting to speak at a
public hearing by June 28, 2010, a public hearing will be held
beginning at 10 am on July 8, 2010. If you are interested in attending
the public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to
verify whether or not a hearing will be held.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0295, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Please include a total of two copies.
EPA requests a separate copy also be sent to the contact person
identified below (see FOR FURTHER INFORMATION CONTACT). In addition,
please mail a copy of your comments on the information collection
provisions to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Attn: Desk Officer for EPA, 735 17th St.,
NW., Washington, DC 20503.
Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW., Washington,
DC. Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0295. We also rely on documents in Docket ID Nos. EPA-HQ-OAR-2005-
0029 and EPA-HQ-OAR-2003-0190 and incorporate those dockets into the
record for this proposed rule. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available on-line at https://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
https://www.regulations.gov or e-mail. The https://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through https://www.regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Public Hearing: If a public hearing is held, it will be held at
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC or an alternate site nearby.
Docket: EPA has established a docket for this action under Docket
ID No. EPA-HQ-OAR-2010-0295. All documents in the docket are listed in
the https://www.regulations.gov index. We also rely on documents in
Docket ID Nos. EPA-HQ-OAR-2005-0029 and EPA-HQ-OAR-2003-0190, and
incorporate those dockets into the record for this proposed rule.
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, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
https://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), U.S. EPA,
Research Triangle Park, North Carolina 27711; telephone number (919)
541-2469; facsimile number (919) 541-5450; e-mail address
king.melanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include:
[[Page 32613]]
------------------------------------------------------------------------
Examples of regulated
Category NAICS \1\ entities
------------------------------------------------------------------------
Any manufacturer that produces 2211 Electric power
or any industry using a generation,
stationary internal combustion transmission, or
engine as defined in the distribution.
proposed rule.
622110 Medical and surgical
hospitals.
335312 Motor and generator
manufacturing.
33391 Pump and compressor
manufacturing.
333992 Welding and soldering
equipment
manufacturing.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria in Sec. 60.4200 of the
proposed rule. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed rule will be available on the WWW
through the Technology Transfer Network Web site (TTN). Following
signature, EPA will post a copy of the proposed rule on the TTN's
policy and guidance page for newly proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Send or deliver information
identified as CBI to only the following address: Ms. Melanie King, c/o
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2010-0295.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions. The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
Docket. The docket number for the proposed new source performance
standards (NSPS) is Docket ID No. EPA-HQ-OAR-2010-0295. We will also
rely on documents in Docket Nos. EPA-HQ-OAR-2005-0029 and EPA-HQ-OAR-
2003-0190.
Organization of This Document. The following outline is provided to
aid in locating information in the preamble.
I. Background
A. Initial New Source Performance Standards
B. Events Following Promulgation of Initial NSPS
II. Summary of Proposed Amendments
A. Standards for New Engines With Displacement Greater Than or
Equal to 10 l/cyl and Less Than 30 l/cyl
B. Compliance Requirements for Owners and Operators
C. Temporary Replacement Engines
D. Standards for Engines With Displacement Greater Than or Equal
to 30 l/cyl
E. Requirements for Engines Located in Rural Alaska
F. Reconstruction
G. Minor Corrections and Revisions
III. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental and energy
impacts?
IV. Solicitation of Public Comments and Participation
V. 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
I. Background
A. Initial New Source Performance Standards
This action proposes revisions to NSPS for new compression ignition
(CI) stationary internal combustion engines (ICE). The NSPS were
initially published on July 11, 2006 (71 FR 39153). New source
performance standards implement section 111(b) of the Clean Air Act
(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.
For the first time, the NSPS put Federal restrictions on emissions
of particulate matter (PM), oxides of nitrogen (NOX), non-
methane hydrocarbons (NMHC) and carbon monoxide (CO) from new
stationary CI engines. The NSPS also restricted the level of sulfur
permitted in diesel fuel used in new stationary CI engines. The
[[Page 32614]]
levels in the NSPS were generally based on standards promulgated in
previous rules for similar nonroad (i.e., mobile off-highway) engines.
For larger engines with displacement greater than or equal to 10 liters
per cylinder (l/cyl) and less than 30 l/cyl, the levels were based on
standards for similar marine engines. EPA noted in the proposed rule
(70 FR 39870) that it was reviewing the possibility of promulgating
more stringent standards for such marine engines in the near future and
would review whether to revise the standards for stationary engines
with displacement greater than or equal to 10 l/cyl and less than 30 l/
cyl when the more stringent standards for marine engines with
displacement greater than or equal to 10 l/cyl and less than 30 l/cyl
were promulgated. For engines with displacement greater than or equal
to 30 l/cyl, the standards were based on evidence collected for those
specified engines.
The standards for emergency engines were less stringent than those
for non-emergency engines, given questions regarding the use of
emission reduction aftertreatment technologies for such engines and the
fact that such engines are rarely used, except in case of emergency.
EPA also promulgated less stringent standards, and no fuel sulfur
restrictions, for engines in U.S. Pacific territories where low sulfur
fuel may be difficult to receive. However, these less stringent
standards did not apply to engines at or above 30 l/cyl. Similarly, EPA
delayed the low sulfur fuels requirement until December 1, 2010, for
rural areas of Alaska not accessible by the Federal Aid Highway System
(FAHS), and allowed the Governor of Alaska to submit an alternative
plan for implementing the NSPS for public utilities located in these
rural areas of Alaska.
EPA estimated that the NSPS would reduce NOX emissions
from stationary CI ICE by an estimated 38,000 tons per year (tpy), PM
emissions by about 3,000 tpy, NMHC emissions by about 600 tpy, sulfur
dioxide (SO2) emissions by an estimated 9,000 tpy, and CO
emissions by approximately 18,000 tpy in the year 2015. EPA estimated
that emissions of hazardous air pollutants would be reduced by
approximately 93 tons in the year 2015. EPA estimated the NSPS would
reduce NOX emissions from stationary CI ICE by an estimated
270,000 tpy, PM emissions by about 17,000 tpy, NMHC emissions by about
8,000 tpy, SO2 emissions by an estimated 24,000 tpy, and CO
emissions by approximately 95,000 tpy in the year 2030.
For the vast majority of engines, compliance requirements,
particularly testing requirements, are primarily geared towards the
manufacturers of the engines, not the owners and operators of engines.
The engines had to be tested, certified and labeled prior to
installation. Owners and operators are, however, required to operate
and maintain their engines according to the written instructions of the
engine manufacturers or according to procedures developed by the owner/
operators and approved by the manufacturer.
B. Events Following Promulgation of Initial NSPS
Following promulgation of the initial NSPS, EPA received several
comments from interested parties regarding aspects of the final rule.
In particular, engine manufacturers stated their belief that the
standards promulgated for engines with displacement greater than or
equal to 30 l/cyl were not feasible, especially those located at areas
without requirements for low sulfur diesel fuel. Engine manufacturers
also noted some minor errors in the standards as published.
The American Petroleum Institute (API) petitioned for review of the
final NSPS, and stated to EPA that, among other concerns, API believed
that the compliance requirements did not allow owner and operators
enough flexibility to use operation and maintenance procedures,
different from those recommended by manufacturers, that would provide
good emission control practice for minimizing emissions. API also had
other comments regarding the final rule, including concern regarding
use of the term ``useful life'' in the stationary engine context, and
concern that temporary portable engines would be treated as subject to
NSPS requirements beyond the requirements for nonroad engines.
On January 18, 2008, EPA published a final rule containing separate
standards of performance for stationary spark ignition (SI) engines.
(73 FR 3567) While these regulations are distinct from the standards of
performance for CI engines, certain aspects of these regulations,
particularly regarding compliance and definitions, are intended to be
consistent with the regulations promulgated for CI engines.
Additionally, on June 30, 2008, EPA published more stringent
standards for new locomotives and for new CI marine vessels under 40
CFR parts 1033 and 1042, respectively, including marine vessel engines
with displacement greater than or equal to 10 l/cyl and less than 30 l/
cyl. (73 FR 37095) The rule promulgated two new tiers of standards for
newly manufactured marine CI engines at or above 600 kilowatt (KW) (800
horsepower (HP)), the second of which was based on the application of
catalytic aftertreatment technology.
Further, on April 30, 2010, EPA promulgated final fuel requirements
and standards regulating emissions from marine engines with
displacement above 30 l/cyl. (75 FR 22896) These requirements are
equivalent to the limits adopted by the International Maritime
Organization (IMO) in October 2008 as an amendment to Annex VI of the
International Convention for the Prevention of Pollution from Ships
(also called MARPOL Annex VI).
Finally, on October 31, 2008, the State of Alaska, pursuant to the
provision in the final rule allowing it to request alternative
provisions for rural Alaska, requested that EPA make certain changes in
its requirements to account for circumstances in rural Alaska that are
different from those in the rest of the United States. Alaska's
specific recommendations are discussed below.
II. Summary of Proposed Amendments
A. Standards for New Engines With Displacement Greater Than or Equal to
10 l/cyl and Less Than 30 l/cyl
We are proposing to incorporate the recently-promulgated standards
for new marine engines into our standards for new stationary engines
with displacement greater than or equal to 10 l/cyl and less than 30 l/
cyl. The standards were found to be feasible for the marine engines
covered by those requirements. As we discussed in the original NSPS
final rule, stationary engines in this displacement range are similar
in design to marine CI engines and are generally certified to marine
standards. EPA is, therefore, basing the proposed revised standards for
non-emergency stationary CI ICE with a displacement between 10 l/cyl
and 30 l/cyl on the technologies identified in the recent rulemaking to
be used to meet the emission standards for marine CI engines.
The proposed standards would not take effect until 2013, at the
earliest. The standards are summarized in the tables in this preamble.
The first tier of standards divides these engines by displacement. The
second divides the engines by maximum engine power.
[[Page 32615]]
Table II-1--First Tier Standards for Stationary CI Engines With a Displacement >=10 and <30 Liters per Cylinder
\a\
----------------------------------------------------------------------------------------------------------------
PM g/HP-hr (g/ NOX + HC \b\ g/
Engine size--liters per cylinder, rated power KW-hr) HP-hr (g/KW-hr) Year
----------------------------------------------------------------------------------------------------------------
10.0 <= displacement <15.0, <3,700 KW..................... 0.10 (0.14) 4.6 (6.2) 2013
15.0 <= displacement <20.0, <3,700 KW..................... \c\ 0.20 (0.27) 5.2 (7.0) 2014
20.0 <= displacement <25.0, <3,700 KW..................... 0.20 (0.27) 7.3 (9.8) 2014
25.0 <= displacement <30.0, <3,700 KW..................... 0.20 (0.27) 8.2 (11.0) 2014
----------------------------------------------------------------------------------------------------------------
\a\ See note (c) of Table II-2 for optional standards.
\b\ NOX + HC standards do not apply to 2,000 KW to 3,700 KW engines.
\c\ For engines below 3,300 KW in this group, the PM standard is 0.25 g/HP-hr (0.34 g/KW-hr).
Table II-2--Second Tier Standards for Stationary CI Engines With a Displacement >=10 and <30 Liters per Cylinder
----------------------------------------------------------------------------------------------------------------
PM g/HP-hr (g/ NOX + HC \b\ g/ HC g/HP-hr (g/
Engine size, rated power KW-hr) HP-hr (g/KW-hr) KW-hr) Year
----------------------------------------------------------------------------------------------------------------
>= 3,700 KW............................. \a\0.09 (0.12) 1.3 (1.8) 0.14 (0.19) \c\ 2014
0.04 (0.06) 1.3 (1.8) 0.14 (0.19) b c 2016
2,000 <= KW < 3,700..................... 0.03 (0.04) 1.3 (1.8) 0.14 (0.19) c d 2014
1,400 <= KW < 2,000..................... 0.03 (0.04) 1.3 (1.8) 0.14 (0.19) \c\ 2016
600 <= KW < 1,400....................... 0.03 (0.04) 1.3 (1.8) 0.14 (0.19) \b\ 2017
----------------------------------------------------------------------------------------------------------------
\a\ This standard is 0.19 g/HP-hr (0.25 g/KW-hr) for engines with 15-30 liter/cylinder displacement.
\b\ Optional compliance start dates can be used within these model years.
\c\ Option: 1st Tier PM/NOX + HC at 0.10/5.8 g/HP-hr (0.14/7.8 g/KW-hr) in 2012, and 2nd Tier in 2015.
\d\ The 1st Tier PM standards continue to apply for these engines in model years 2014 and 2015 only.
The first tier of standards is based on engine-based technologies
already in use or expected to be used for other mobile and stationary
engines (e.g., improved fuel injection, engine mapping, and calibration
optimization), as well as the use of ultra low sulfur (i.e., 15 parts
per million (ppm) sulfur) diesel (ULSD). The second tier of standards
is expected to be met with the use of catalytic exhaust aftertreatment
that have already been used for other similar mobile and stationary
engines, like catalyzed diesel particulate filters (CDPF) and selective
catalytic reduction (SCR).
B. Compliance Requirements for Owners and Operators
In the original final NSPS, EPA required all engines to be
installed, configured, operated, and maintained according to the
specifications and instructions provided by the engine manufacturer.
EPA also allowed the option for owners and operators to follow
procedures developed by the owner or operator that have been approved
by the engine manufacturer for cases where site-specific conditions may
require changes to the manufacturer's typical guidelines.
Several parties objected to this requirement. According to the
parties, this requirement restricts owners and operators from using the
most appropriate methods for installing, operating and maintaining
engines in the field. The parties claim that owners and operators are
in the best position to determine the most appropriate method of
installing, operating and maintaining engines in the field and have
more experience in doing so than engine manufacturers, and that
operation and maintenance provisions in manufacturer manuals are often
too stringent and inflexible to be required in binding regulations.
Based on the comments and information received during and after the
rulemakings for both the CI and SI NSPS, EPA believes it is not
appropriate to require owners and operators to follow manufacturer
operation and maintenance procedures without allowing alternative
options for owners and operators. Therefore, we are proposing to revise
the regulations to allow owners and operators to develop their own
operation and maintenance plans as an alternative to following
manufacturer operation and maintenance procedures. However, if an
owner/operator decides to take this approach, EPA will need greater
assurance that the engine is meeting emission requirements. Thus,
owner/operators using this approach will generally be subject to
further testing of their engines and will be required to keep
maintenance plans and records. EPA will consider such engines to be
operating in a non-certified manner. Engines greater than 500 HP will
be required to conduct a performance test within 1 year of startup (or
within 1 year of changing the manufacturer's recommended configuration
or settings for the engine) to demonstrate compliance with the emission
standards, and will also have to conduct subsequent performance testing
every 8,760 hours or 3 years (whichever comes first) thereafter. These
engines will in addition be required to keep a maintenance plan and
records of conducted maintenance.
Engines greater than or equal to 100 HP and less than or equal to
500 HP will be required to conduct a performance test within 1 year of
startup (or within 1 year of changing the manufacturer's recommended
configuration or settings for the engine) to demonstrate compliance
with the emission standards and will in addition be required to keep a
maintenance plan and records of conducted maintenance. Engines below
100 HP operating in a non-certified manner will not have to conduct
further performance testing, but are required to keep a maintenance
plan and records.
Owners and operators will also have the ability to adjust engine
settings outside of manufacturer settings as long as they ensure the
engines comply with the standards at those settings with a performance
test.
Parties also noted that the operation and maintenance requirements
extended beyond emission-related operation and maintenance and
[[Page 32616]]
extended to operation and maintenance of all aspects of the engine,
which the parties believed should be beyond the scope of the
regulation. EPA agrees that the operation and maintenance requirements
of the NSPS should be restricted to emission-related operation and
maintenance, and is proposing to revise the regulations accordingly.
Finally, one party has reported that owners and operators of
engines in marine locations often need to use engines that meet the
marine nonroad engine standards, but that the current NSPS requires the
engine, if the engine is on a stationary platform rather than a ship,
to meet the standards for land-based engines, rather than marine
engines. EPA has not proposed to change the current regulation, but
requests comment on the need for stationary engines in marine offshore
settings to use engines meeting the marine engine standards, rather
than land-based engine standards. Based on the comments received, EPA
may decide to revise this requirement in the final rule.
C. Temporary Replacement Engines
EPA received comments during and after the initial CI NSPS rule and
during the SI NSPS rule indicating that there was some confusion
regarding the status of temporary engines (i.e., generally engines in
one location for less than 1 year) under EPA's regulations. Further,
there was concern that for those temporary engines that were considered
stationary under the definitions of stationary and nonroad engine,
because they replaced other stationary engines during periods when the
main engines were off-line (e.g., for maintenance work), owners and
operators of major sources would have little or no ability to oversee
the operations of these temporary engines, as they were generally owned
and maintained by other entities.
EPA notes that except for certain instances (e.g., engines at
seasonal sources or engines that replace stationary engines at a site),
engines in one location for less than 1 year are generally considered
to be mobile nonroad engines under EPA's regulatory definitions of
nonroad engine and stationary engine, and, therefore, the NSPS and
other regulations applicable to stationary engines are not applicable
to such engines. Examples of such nonroad engines are engines that are
brought to a major source stationary source for less than 1 year for
purposes of general maintenance or construction.
Portable engines that replace existing stationary engines on a
temporary basis are considered stationary engines. This provision
allows the permitting authority to count the emissions of the temporary
unit in the emissions from the stationary source, as it would for the
permanent unit. This prevents sources from avoiding the counting of
such units in its projected or actual emissions. EPA agrees with
comments that with regard to temporary replacement engines, which are
generally portable and moved from place to place, it is most
appropriate that these engines, though considered stationary, should be
allowed under the NSPS to meet requirements for mobile nonroad engines.
These sources are not under the long-term control (or in many cases the
short-term control) of the local source, and, therefore, it is
appropriate to hold them to the requirements for similar sources that
are mobile in character. EPA also notes that under the pre-existing
general provisions for 40 CFR part 60, the fact that an engine moves
from place to place does not, by the sole basis of that movement, make
the engine a ``new'' engine for the purposes of the NSPS.
D. Standards for Engines With Displacement Greater Than or Equal to 30
l/cyl
In the final NSPS, EPA required owners and operators of stationary
CI ICE with a displacement of greater than or equal to 30 l/cyl to
reduce NOX emissions by 90 percent or more, or alternatively
they had to limit the emissions of NOX in the stationary CI
internal combustion engine exhaust to 1.6 grams per KW-hour (g/KW-hr)
(1.2 grams per HP-hour (g/HP-hr)). They were also required to reduce PM
emissions by 60 percent or more, or alternatively they had to limit the
emissions of PM in the stationary CI internal combustion engine exhaust
to 0.15 g/KW-hr (0.11 g/HP-hr). These standards were applicable in all
areas, including areas in the Pacific (e.g., Guam) and rural Alaska
that were exempted, at least temporarily, from using low sulfur fuel.
The standards were also applicable to all engines in this displacement
category, whether they were used for emergency or non-emergency
purposes.
Following completion of the original rule, EPA received comments
from engine manufacturers stating that the standards would be
infeasible in areas where low sulfur fuel was not used. The engine
manufacturers recommended less stringent standards for areas where low
sulfur fuel is not required. EPA also received later comments
indicating that the standards were also infeasible for engines in areas
with access to lower sulfur fuel, and that the standards should instead
be harmonized with the IMO standards for similar engines in marine
vessels. These comments also requested that EPA take the same approach
to emergency engines with displacement greater than or equal to 30 l/
cyl as EPA takes for smaller emergency engines. For other emergency
engines, EPA promulgated emission standards that do not require the use
of aftertreatment, given the limited use of the engines, the
ineffectiveness of the aftertreatment during startup, and the need for
safe, reliable and immediate operation of the engine during
emergencies. The comments state that engines of this size have been
used as emergency generators at nuclear power plants in order to assure
the safe shut-down of the reactor in case of emergency due to their
excellent performance and reliability.
Regarding the NOX standard for these engines, EPA agrees
that it is appropriate to adjust the stringency of the NOX
standard to match the worldwide NOX standard approved in the
IMO's Annex VI and promulgated by EPA for marine engines with
displacement above 30 l/cyl. While the technology required by the
existing NSPS has been used on other stationary engines, EPA realizes
the need to provide lead time for the technology to transfer to the
largest of engines. The final IMO NOX standard is comparable
to the existing NSPS NOX standard, but provides more
leadtime for final implementation. Revising the standard to match the
standard for marine engines allows manufacturers to design a single
type of engine for both uses. This standard has been substantially
reviewed by EPA and other governments and has been found to be feasible
in the time provided. For engines installed prior to January 1, 2012,
the standard is proposed to be 17.0 g/KW-hr (12.7 g/HP-hr) when maximum
engine speed is less than 130 revolutions per minute (rpm); 45 [middot]
n-0.2 g/KW-hr (34 [middot] n-0.2 g/KW-hr) when n
(maximum engine speed) is 130 or more but less than 2,000 rpm; 9.8 g/
KW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 rpm or more. For
engines installed after January 1, 2012, we are proposing a more
stringent standard of 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine
speed is less than 130 rpm; 44 [middot] n-0.23 g/KW-hr (33
[middot] n-0.23 g/KW-hr) where n (maximum engine speed) is
130 or more but less than 2,000 rpm; and 7.7 g/KW-hr (5.7 g/HP-hr)
where maximum engine speed is greater than or equal to 2,000 rpm. For
engines installed after January 1, 2016, we are proposing a more
stringent
[[Page 32617]]
standard that presumes the use of aftertreatment. The levels are
proposed to be 3.4 g/KW-hr (2.5 g/HP-hr) when maximum engine speed is
less than 130 rpm; 9.0 [middot] n-0.20 g/KW-hr (6.7 [middot]
n-0.20 g/KW-hr) where n (maximum engine speed) is 130 or
more but less than 2,000 rpm; and 2.0 g/KW-hr (1.5 g/HP-hr) where
maximum engine speed is greater than or equal to 2,000 rpm.
For engines installed in Pacific island areas that are not required
to use lower sulfur fuel, while EPA believes that SCR can be installed
on such engines even where high sulfur fuel is being used, EPA agrees
that the use of high sulfur fuel, and the presence of other impurities
in this type of fuel (i.e., heavy fuel oil), as well as different
density and viscosity, make it difficult to achieve similar results
from SCR as would occur with lower sulfur fuel. Maintenance of high
NOX reduction levels is also more difficult when using high
sulfur fuel. The use of higher sulfur heavy fuel oil also increases
engine-out NOX emissions because of the increased levels of
contaminants in the fuel. EPA also notes that the areas in question do
not have any significant ozone problem. We, therefore, are proposing
not to require the more stringent standards that would otherwise apply
beginning in 2016 in these areas.
Similarly, we are proposing not to require the more stringent,
aftertreatment-forcing NOX standards for emergency engines
with displacement at or above 30 l/cyl. As the commenters noted, EPA
did not require aftertreatment-forcing requirements for other emergency
engines due to the limited use of the engines, the ineffectiveness of
the aftertreatment during startup, and the need for safe, reliable and
immediate operation of the engine during emergencies. EPA agrees that
similar concerns are present for emergency engines in this power
category.
EPA is also modifying its fuel requirements for engines with
displacement at or above 30 l/cyl. The final rule promulgated by EPA
for marine engines with displacement above 30 l/cyl required those
engines to use fuel meeting a 1,000 ppm sulfur level beginning in 2014,
and also made other revisions to the mobile source fuel requirements
that will likely have the effect of making 1,000 ppm sulfur fuel the
outlet for diesel fuel that does not meet the 15 ppm sulfur standard
generally required for mobile source fuel. Therefore, EPA is revising
the fuel sulfur standards for stationary CI engines with displacement
at or above 30 l/cyl to a 1,000 ppm sulfur level beginning in 2014.
EPA agrees that the numerical standards for PM promulgated in the
final rule would be very difficult, if not impossible, to achieve using
high sulfur fuel. EPA therefore agrees that it is appropriate to revise
the concentration limit for PM for stationary CI ICE with a
displacement of greater than or equal to 30 l/cyl in areas where low
sulfur fuel is not required. EPA is proposing a standard of 0.40 g/KW-
hr (0.30 g/HP-hr). Given the substantial health concerns associated
with diesel PM emissions, EPA believes it is appropriate to require
this level for all engines where low sulfur fuel is not required.
Similarly, we are proposing to revise the PM standard for emergency
engines to 0.40 g/kW-hr (0.30 g/HP-hr), for the reasons provided above
regarding NOX standards for such engines.
EPA is not proposing to change the PM standard for non-emergency
engines in areas where the lower sulfur fuel is available. As EPA
explained in the original NSPS, EPA believes this standard is
achievable for engines using existing technology and low sulfur fuel.
The substantial health risks associated with diesel PM require that
these stringent standards remain in place.
E. Requirements for Engines Located in Rural Alaska
In the initial final NSPS, EPA agreed to delay the sulfur
requirements for diesel fuel intended for stationary ICE in rural areas
of Alaska not accessible by the FAHS (``rural Alaska'') until December
1, 2010, except that any 2011 model year and later stationary CI
engines operating in rural Alaska prior to December 1, 2010, would be
required to meet the 15 parts per million (ppm) sulfur requirement for
diesel fuel. This approach was consistent with the approach that was
used for nonroad and highway engines in rural Alaska. EPA also included
a special section in the final rule that specified that until December
1, 2010, owners and operators of stationary CI engines located in
Alaska should refer to 40 CFR part 69 to determine the diesel fuel
requirements applicable to such engines.
In addition, the final regulations included language that allows
Alaska to submit for EPA approval through rulemaking process an
alternative plan for implementing the requirements of this regulation
for public-sector electrical utilities located in rural areas of Alaska
not accessible by the FAHS. The alternative plan must be based on the
requirements of section 111 of the CAA including any increased risks to
human health and the environment and must also be based on the unique
circumstances related to remote power generation, climatic conditions,
and serious economic impacts resulting from implementation of the final
NSPS.
EPA also included an option in the final rule for owners and
operators of pre-2011 model year engines located in remote areas of
Alaska to petition the Administrator to use any fuels mixed with used
oil that do not meet the fuel requirements in Sec. 60.4207 of the
final rule beyond the required fuel deadlines. The owner or operator
must show that there is no other place to burn the used oil. Each
petition, if approved, is valid for a period of up to 6 months.
EPA communicated with officials from the State of Alaska on several
occasions following the promulgation of the final rule, and gave the
State of Alaska an extension from the original deadline of January 11,
2008, to provide its alternative plan for rural Alaska to EPA. On
October 31, 2008, EPA received Alaska's request for several revisions
to the NSPS as it pertains to engines located in the rural part of
Alaska not served by the FAHS.
In particular, the State of Alaska requested the following:
Allow NSPS owner-operator requirements to apply only to
model year 2011 and later engines.
Maintain a December 1, 2010 deadline for transition of
regulated engines to ULSD.
Authorize continued use of single circuit jacketwater
marine diesel engines for prime power applications.
Remove limitations on using fuels mixed with used
lubricating oil that do not meet the fuel requirements of 40 CFR part
60, subpart IIII.
Review emission control design requirements needed to meet
new NSPS emission standards, including the possibility of removing or
delaying emissions standards requiring advanced exhaust gas emissions
aftertreatment technologies until the technology is proven for remote
and arctic applications.
EPA agrees that the circumstances in rural Alaska require special
rules. EPA is, therefore, proposing several amendments for engines used
in rural Alaska:
1. Exempting all pre-2011 model year engines from diesel fuel
sulfur requirements;
2. Allowing owners and operators of stationary CI engines located
in rural areas of Alaska to use engines certified to marine engine
standards, rather than land-based nonroad engine standards;
3. Removing requirements to use aftertreatment devices for
NOX, in particular, SCR, for engines used in rural Alaska.
[[Page 32618]]
In proposing these revisions, EPA notes the following information
provided by the State of Alaska. In general, the State notes that over
180 rural communities in Alaska that are not accessible by the FAHS
rely on diesel engines and fuel for electricity. These communities are
scattered over long distances in remote areas and are not connected to
population centers by road or power grid. These communities are located
in the most severe arctic environments in the United States.
Regarding the request that owners and operator requirements apply
only to model year 2011 and later engines, the State of Alaska focused
on two particular requirements for pre-2011 engines: the requirement
that pre-2011 engines that are manufactured after April 1, 2006 use
ULSD beginning on December 1, 2010; and the requirement that after
December 31, 2008, owners and operators may not install engines that do
not meet the applicable requirements for 2007 model year engines.
The State of Alaska noted that Alaska village power plants are
typically operated by a single part-time operator with an alternate,
that there is a high rate of turnover among plant operators, and that
operators have limited training, expertise or resources. The State of
Alaska notes that pre-2011 engines will all be fueled, prior to
December 1, 2011, with the same fuel. The State of Alaska believes that
it would greatly simplify operations to coordinate the fuel
requirements with the introduction of 2011 model year engines, rather
than retroactively requiring some, but not all, earlier engines to meet
the fuel requirements. It would also facilitate the smoother transition
to ULSD fuel, rather than requiring numerous engines to all meet the
requirements at the same time. The State of Alaska noted that there is
no technological requirement for pre-model year 2011 engines to use
aftertreatment, and thus no technological need to use ULSD. EPA agrees
that the requested revision will reduce the complexity of the
regulations and that ULSD is not technologically necessary prior to
model year 2011. EPA also notes that the requirement to use ULSD for
2011 and later model year engines will eventually lead to a complete
turnover of the fuel used in the remote villages. Therefore, EPA is
proposing this revision.
The State of Alaska notes that the planning, construction and
operation of engines in rural Alaska is complex. The timeframe for
these projects, which are coordinated among several governmental
entities, typically exceeds 3 years. The State of Alaska notes that
several projects that were designed and funded based on pre-2007 model
year engines will not be installed prior to December 31, 2008.
Therefore, the State of Alaska requests that the deadline be moved to
December 2010. While EPA understands that some extra time may be needed
to allow for these pre-existing projects to go forward with pre-2007
engines, EPA does not believe the State of Alaska has justified a 2-
year extension, beyond the 2 years already provided in the regulations.
However, EPA believes that a 1-year extension would be appropriate. EPA
is, therefore, proposing a 1-year extension for owners and operators in
rural Alaska to install pre-2007 model year engines.
Regarding its request for continued use of single circuit
jacketwater marine diesel engines for prime power applications, the
State of Alaska notes that rural villages in Alaska use combined heat
and power cogeneration plants, which are vital to their economy, given
the high cost of fuel and the substantial need for heat in that
climate. Heat recovery systems are used with diesel engines in rural
communities to provide heat to community facilities and schools.
Marine-jacketed diesel engines are used wherever possible because of
their superior heat recovery and thermal efficiency. The State of
Alaska has noticed great reductions in heat recovery when using Tier 3
non-marine engines. The State notes that reductions in fuel efficiency
will lead to greater fuel use and greater emissions from burning extra
heating oil. EPA agrees with the State that there are significant
benefits from using marine engines, and is proposing a revision that
will allow engines in rural Alaska to use marine-certified engines.
However, as the State of Alaska notes, marine-certified engines,
particularly those below 800 HP, are not required to meet more
stringent requirements for reduction of PM emissions, which is the most
significant pollutant of concern in these areas. Therefore, EPA is
proposing to require that owners and operators of engines manufactured
in model years that would otherwise be certified to Tier 4 PM standards
(e.g., model years 2011 and later for engines greater than or equal to
130 KW (175 HP) and less than or equal to 560 KW (750 HP)) must either
be certified to Tier 4 standards (whether land-based nonroad or marine)
or must install PM reduction technologies on their engines to achieve
at least 85 percent reduction in PM.
Regarding the issue of using aftertreatment technologies that the
State of Alaska says has not been tested in remote arctic climates, EPA
notes that the State of Alaska is particularly concerned with
NOX standards that would likely entail the use of SCR in
rural Alaska. NOX reductions are particularly important in
areas where ozone is a concern, because NOX is a precursor
to ozone. However, the State of Alaska, and rural Alaska in particular,
does not have any significant ozone problems. Moreover, the use of SCR
entails the supply, storage and use of a chemical reductant, usually
urea, that needs to be used properly in order to achieve the expected
emissions reductions, and that may have additional operational problems
in remote arctic climates. As noted above, these villages are not
accessible by the Federal Aid Highway System and are scattered over
long distances in remote areas and are not connected to population
centers by road or power grid. They are located in the most severe
arctic environments in the United States and they rely on stationary
diesel engines and fuel for electricity and heating, and these engines
need to be in working condition, particularly in the winter. While the
availability of reductant is not a problem in the areas on the highway
system, its availability in remote villages, particularly in the early
years of the Tier 4 program, may be an issue, which is notable given
the importance of the stationary engines in these villages.
Furthermore, the costs for the acquisition, storage and handling of the
chemical reductant would be greater than for engines located elsewhere
in the United States due to the remote location and severe arctic
climate of the villages. In order to maintain proper availability of
the chemical reductant during the harsh winter months, new heated
storage vessels may be needed at each engine facility, further
increasing the compliance costs for these remote villages. Given the
issues that would need to be addressed if SCR were required, and the
associated costs of this technology when analyzed under NSPS
guidelines, EPA understands the State of Alaska's argument that it is
inappropriate to require such standards for stationary engines in rural
Alaska.\1\ Therefore, EPA is proposing not to require owners and
operators of new stationary engines to meet the Tier 4 standards for
NOX in these areas and is soliciting comment on this
decision. However, owners and operators of 2011 and later model year
engines that do not
[[Page 32619]]
meet the Tier 4 PM standards would be required to use PM
aftertreatment, as discussed above. The use of PM aftertreatment will
also achieve reductions in CO and hydrocarbons.
---------------------------------------------------------------------------
\1\ Note that this action applies to stationary engines only; it
is unlikely that such an approach would be appropriate for mobile
engines, given that they are less permanent in a village and can
move in and out of areas as work requires, and because EPA has less
ability to enforce such an approach for mobile sources, where EPA
does not regulate the owner or operator directly.
---------------------------------------------------------------------------
Finally, regarding allowing owners and operators to blend up to
1.75 percent used oil into the fuel system, the State notes that there
are no permitted used oil disposal facilities in rural Alaskan
communities. The State believes that it has developed a cost-effective
and reliable used-oil blending system that is currently being used in
many rural Alaskan communities, disposing of the oil in an
environmentally beneficial manner and capturing the energy content of
the used oil. The absence of allowable blending would, according to the
State, necessitate the shipping out of the used oil and would risk
improper disposal and storage, as well as spills.
According to the State, blending waste oil at 1.75 percent or less
will keep the fuel within American Society for Testing and Materials
(ASTM) specifications if the sulfur content of the waste oil is below
200 ppm. The State acknowledges the need for engines equipped with
aftertreatment devices to use fuel meeting the sulfur requirements.
EPA agrees that the limited blending of used oil into the diesel
fuel used by stationary engines can be an environmentally beneficial
manner of disposing of such oil and may be of little to no concern when
kept within appropriate limits. In fact, in EPA's highway diesel
regulations (40 CFR 80.522), we allow for the blending of used motor
oil into fuel burned in highway engines if the engine was certified to
the emission standards with the addition of the used oil, and if the
oil is added in a manner consistent with the engine certificate.
Nevertheless, EPA believes that there are certain issues that need to
be further reviewed if EPA is to include in the final rule a provision
allowing used oil to be mixed with diesel fuel in remote areas of
Alaska. First, while any provision allowing used oil to be mixed with
diesel fuel would need to be carefully circumscribed (e.g., the used
oil could be no more than 1.75 percent of mixture and could not have a
sulfur level above 200 ppm), EPA would like to have further information
on whether, even at such circumscribed levels, mixing used oil into the
fuel will have an effect on the operation or maintenance requirements
for such engines, particularly engines using PM aftertreatment, and if
so, how such changes will be managed by the operators.
Second, on April 29, 2010, EPA proposed a set of regulatory actions
under the CAA that address emissions from boilers, process heaters, and
certain solid waste incinerators. On the same day, in a related action
under the Resource Conservation and Recovery Act (RCRA), EPA proposed
to define which non-hazardous secondary materials are ``solid waste''
for purposes of subtitle D (non-hazardous waste) of RCRA when burned in
a combustion unit, since section 129(g)(5) of the CAA provides that
``solid waste'' shall have the meaning established by the Administrator
under RCRA. Under the proposed solid waste rule, used oil that does not
meet the on-specification (``on-spec'') levels and properties of 40 CFR
279.11 (``off-spec used oil'') would be considered a solid waste,
unless it is processed to meet the on-spec used oil limits specified in
40 CFR 279.11, and a combustion unit that burns off-spec used oil would
be a solid waste incineration unit and would be subject to emission
standards under section 129 of the CAA.
Due to these issues, EPA believes that it would not be appropriate
at this time to propose to allow the blending of used oil for
stationary diesel engines under the NSPS. EPA solicits comment on
whether to allow the blending of used oil into diesel fuel under the
NSPS in rural areas of Alaska.
F. Reconstruction
EPA is proposing to add a definition for ``reconstruct'' that is
specific for the NSPS for stationary CI ICE and stationary SI ICE. EPA
is also proposing to add provisions to the NSPS that require
reconstructed engines to meet the emission standards for the model year
in which the reconstruction occurs if the reconstructed engine meets
any of the following criteria:
The crankshaft is removed as part of the reconstruction;
or
The fixed capital cost of the new and refurbished
components exceeds 50 percent of the fixed capital cost of a comparable
new engine; or
The serial number of the engine is removed as part of the
reconstruction; or
The reconstructed engine consists of a previously used
engine block with all new components.
The proposed rule also clarifies that the provisions for modified and
reconstructed engines apply to anyone who modifies or reconstructs an
engine, including engine owners/operators, engine manufacturers, and
anyone else. The proposed rule also adds additional clarification
regarding what standards are applicable for modified or reconstructed
engines.
G. Minor Corrections and Revisions
EPA is proposing several minor revisions in this rule to correct
mistakes in the initial rule or to clarify the rule. The revisions
being proposed are listed below:
Replacing the term ``useful life'' with ``certified
emissions life,'' for purposes of clarity;
Revising Table 3 in the in 40 CFR part 60, subpart IIII to
account for a mistake in how Table 3 characterized the certification
requirements for high speed fire pump engines in the initial final
rule;
Revising the definition of ``emergency stationary internal
combustion engine,'' and the allowance for maintenance checks and
readiness testing for such engines, to be consistent with the
provisions promulgated in the recently completed requirements for
existing stationary engines in 40 CFR part 63, subpart ZZZZ;
Revising the requirement for emergency engines to install
non-resettable hour meters such that emergency engines that meet the
requirements for non-emergency engines do not have to install the hour
meters;
Revising the applicability provisions to make clearer
EPA's requirement that all owners and operators of new sources must
meet the deadlines for installation of compliant stationary engines;
Revising certain provisions of the NSPS for stationary SI
engines, particularly concerning definitions and compliance by owners
and operators of such engines, to ensure consistency where appropriate
for the regulation of stationary ICE; and
Adding a definition of ``installed'' to provide clarity to
the provisions regarding installing engines produced in previous model
years.
III. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
The proposed rule would reduce NOX emissions from
stationary CI ICE between 10 and 30 l/cyl by an estimated 300 tpy, PM
emissions by about 8 tpy, and NMHC emissions by about 4 tpy, in the
year 2018. EPA estimated emissions reductions for the year 2018 because
the year 2018 is the first year the emission standards would be fully
implemented for stationary CI engines between 10 and 30 l/cyl. In the
year 2030, the proposed rule would reduce NOX emissions from
stationary CI ICE between 10 and 30 l/cyl by an estimated 1,100 tpy, PM
emissions by about 38 tpy, and NMHC emissions by about 18 tpy.
Emissions
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reductions were estimated for the year 2030 to provide an estimate of
what the reductions would be once there has been substantial turnover
in the engine fleet. EPA expects very few stationary CI ICE with a
displacement of 30 l/cyl or more to be installed per year, and no
emissions or emissions reductions have been estimated for these
engines.
B. What are the cost impacts?
The total costs of the proposed rule are mostly based on the cost
associated with purchasing and installing controls on non-emergency
stationary CI ICE. The costs of aftertreatment were based on
information developed for CI marine engines. Further information on how
EPA estimated the total costs of the proposed rule can be found in a
memorandum included in the docket (Docket ID. No. EPA-HQ-OAR-2010-
0295).
The total national capital cost for the proposed rule is estimated
to be approximately $236,000 in the year 2018, with a total national
annual cost of $142,000 in the year 2018. The year 2018 is the first
year the emission standards would be fully implemented for stationary
CI engines between 10 and 30 l/cyl. The total national capital cost for
the proposed rule in the year 2030 is $235,000, with a total national
annual cost of $711,000.
C. What are the economic impacts?
EPA expects that there will be less than a 0.03 percent increase in
price and a similar decrease in product demand associated with this
proposal for producers and consumers in 2018. For more information,
please refer to the economic impact analysis for this rulemaking in the
docket.
D. 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 this proposed rule.
IV. Solicitation of Comments and Public Participation
EPA seeks full public participation in arriving at its final
decisions, and strongly encourages comments on all aspects of this
proposed rule from all interested parties. Whenever applicable, full
supporting data and detailed analysis should be submitted to allow EPA
to make maximum use of the comments. The Agency invites all parties to
coordinate their data collection activities with EPA to facilitate
mutually beneficial and cost effective data submissions. A redline/
strikeout version of the complete standards of performance for
stationary compression ignition engines and for stationary spark
ignition engines which shows the changes that are being proposed in
this action is available from the rulemaking docket.
EPA is seeking specific comment on the appropriate test method for
measuring PM emissions from stationary engines with a displacement
greater than or equal to 30 l/cyl. Currently, the NSPS for stationary
CI engines requires these engines to be tested using EPA Method 5,
which requires the cooling of the engine flue gas to 120 degrees C (248
degrees F). In a letter from the Engine Manufacturers Association (EMA)
to EPA dated December 4, 2008 (see docket number EPA-HQ-OAR-2010-0295),
EMA stated that cooling the flue gas for large stationary engines to
the filter holder temperature required by EPA Method 5 will result in
measurement results that are non-reproducible. The letter stated that
the condensation of semi-volatile organic components from the exhaust
gas on the cold surfaces needed to cool the gas will lead to results
that are not repeatable. The letter from EMA recommended that e