Standards of Performance for Stationary Compression Ignition and Spark Ignition Internal Combustion Engines, 37954-37978 [2011-15004]
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37954
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 1039, 1042, 1065,
1068
[EPA–HQ–OAR–2010–0295, FRL–9319–5]
RIN 2060–AP67
Standards of Performance for
Stationary Compression Ignition and
Spark Ignition Internal Combustion
Engines
The Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is finalizing
revisions to the standards of
performance for new stationary
compression ignition internal
combustion engines under section
111(b) of the Clean Air Act. The final
rule requires 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. In addition, the action
revises 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 remote portions of Alaska that are not
accessible by the Federal Aid Highway
System. The action also provides
additional flexibility to owners and
operators of affected engines, and
corrects minor mistakes in the original
standards of performance. Finally, the
action makes minor revisions to the
standards of performance for new
stationary spark ignition internal
combustion engines to correct minor
errors and to mirror certain revisions
finalized for compression ignition
engines, which provides consistency
where appropriate for the regulation of
stationary internal combustion engines.
The final standards will 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 in the year
2030.
DATES: This final rule is effective on
August 29, 2011.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2010–0295. The
EPA also relies on materials in Docket
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SUMMARY:
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ID Nos. EPA–HQ–OAR–2005–0029 and
EPA–HQ–OAR–2003–0190, and
incorporates those dockets into the
record for this final rule. All documents
in the docket are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Headquarters Library, Room
Number 3334, EPA West Building, 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m. Eastern Standard Time (EST),
Monday through Friday. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air and Radiation
Docket and Information Center is (202)
566–1742.
Ms.
Melanie King, Energy Strategies Group,
Sector Policies and Programs Division
(D243–01), Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711; telephone number (919)
541–2469; facsimile number (919) 541–
5450; e-mail address
king.melanie@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background Information Document. On
June 8, 2010 (75 FR 32612), the EPA
proposed amendments to the standards
of performance for stationary
compression ignition and spark ignition
engines. A summary of the public
comments on the proposal and the
EPA’s responses to the comments, as
well as the Economic Impact and Small
Business Analysis Report, are available
in Docket ID No. EPA–HQ–OAR–2010–
0295.
Organization of This Document. The
following outline is provided to aid in
locating information in the preamble.
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this
document?
C. Judicial Review
II. Background
III. Summary of the Final Amendments
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A. Standards for New Engines With
Displacement Greater Than or Equal to
10 l/cyl and Less Than 30 l/cyl
B. Standards for Engines With
Displacement Greater Than or Equal to
30 l/cyl
C. Compliance Requirements for Owners
and Operators
D. Temporary Replacement Engines
E. Requirements for Engines Located in
Remote Areas of Alaska
F. Reconstruction
G. Minor Corrections and Revisions
IV. Summary of Significant Changes Since
Proposal
A. Definitions
B. Emission Standards and Fuel
Requirements
C. Requirements for Emergency Engines
D. Other
V. Summary of Responses to Major
Comments
A. Fuel Requirements for Engines With a
Displacement Greater Than or Equal to
30 Liters/Cylinder
B. Operating and Maintenance
Requirements
C. Engines Located in Remote Alaska
D. Emission Standards for Marine Engines
E. Test Methods
F. Definitions
VI. Summary of Environmental, Energy and
Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health,
environmental and energy impacts?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory 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
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
Regulated Entities. Categories and
entities potentially regulated by this
action include:
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
NAICS 1
Category
Any manufacturer that produces or any industry using a stationary internal combustion engine as defined in the final 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 of this final rule. If
you have any questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of this final
action will also be available on the
Worldwide Web (WWW) through the
Technology Transfer Network (TTN).
Following signature, a copy of this final
action will be posted on the TTN’s
policy and guidance page for newly
proposed or promulgated rules at the
following address: https://www.epa.gov/
ttn/oarpg/. The TTN provides
information and technology exchange in
various areas of air pollution control.
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C. Judicial Review
Under section 307(b)(1) of the Clean
Air Act (CAA), judicial review of this
final rule is available only by filing a
petition for review in the U.S. Court of
Appeals for the District of Columbia
Circuit by August 29, 2011. Under
section 307(d)(7)(B) of the CAA, only an
objection to this final rule that was
raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
Moreover, under section 307(b)(2) of the
CAA, the requirements established by
this final rule may not be challenged
separately in any civil or criminal
proceedings brought by the EPA to
enforce these requirements.
Section 307(d)(7)(B) of the CAA
further provides that ‘‘[o]nly an
objection to a rule or procedure which
was raised with reasonable specificity
during the period for public comment
(including any public hearing) may be
raised during judicial review.’’ This
section also provides a mechanism for
the EPA to convene a proceeding for
reconsideration, ‘‘[i]f the person raising
an objection can demonstrate to the EPA
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that it was impracticable to raise such
objection within [the period for public
comment] or if the grounds for such
objection arose after the period for
public comment (but within the time
specified for judicial review) and if such
objection is of central relevance to the
outcome of the rule.’’ Any person
seeking to make such a demonstration to
us should submit a Petition for
Reconsideration to the Office of the
Administrator, U.S. EPA, Room 3000,
Ariel Rios Building, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, with
a copy to both the person(s) listed in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
General Counsel for the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344A), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
II. Background
This action promulgates revisions to
the new source performance standards
(NSPS) for new compression ignition
(CI) stationary internal combustion
engines (ICE). The NSPS were originally
promulgated on July 11, 2006 (71 FR
39153). New source performance
standards implement section 111(b) of
the CAA, and are issued for categories
of sources which cause, or contribute
significantly to, air pollution which may
reasonably be anticipated to endanger
public health or welfare. The standards
apply to new stationary sources of
emissions, i.e., sources whose
construction, reconstruction, or
modification begins after a standard for
those sources is proposed.
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
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
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standards for similar marine engines.
For engines with displacement greater
than or equal to 30 l/cyl, the standards
were based on evidence collected for
those specified engines.
Following promulgation of the initial
NSPS, the EPA received several
comments from interested parties
regarding aspects of the final rule. In
particular, the Engine Manufacturers
Association (EMA) stated its belief that
the standards promulgated for engines
with displacement greater than or equal
to 30 l/cyl were not feasible, especially
for those engines located in 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
the 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
that were different from those
recommended by manufacturers, yet
would still provide good emission
control practice for minimizing
emissions. API also had other comments
regarding the final rule, including
concerns regarding use of the term
‘‘useful life’’ in the stationary engine
context, and concerns that temporary
portable engines would be treated as
subject to NSPS requirements beyond
the requirements for nonroad engines.
These amendments address the
comments received from EMA and API.
Additionally, on June 30, 2008, the
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, the EPA promulgated
final fuel requirements and standards
regulating emissions from marine
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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). The EPA is
revising the NSPS for stationary CI
engines with a displacement greater
than or equal to 10 l/cyl to align them
with the standards for similar marine
engines.
Also, on October 31, 2008, the State
of Alaska, pursuant to the provision in
the final NSPS for CI engines allowing
it to request alternative provisions for
remote Alaska, requested that the EPA
make certain changes in its
requirements to account for
circumstances in remote Alaska that are
different from those in the rest of the
United States. These amendments revise
the NSPS for stationary CI engines to
address issues raised by the State of
Alaska in its request.
On January 18, 2008, the 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.
Therefore, the EPA is making minor
revisions to the NSPS for stationary SI
engines to maintain consistency with
the NSPS for stationary CI engines. In
addition, the EPA received comments
indicating minor errors in the
regulations for SI engines. While the
EPA is not making any significant
changes to the SI regulations in this
rule, except for those to maintain
consistency, the EPA is correcting
certain minor errors in the NSPS for
stationary SI engines in this rule.
III. Summary of the Final Amendments
A. Standards for New Engines With
Displacement Greater Than or Equal to
10 l/cyl and Less Than 30 l/cyl
The EPA is incorporating the
standards for new marine engines that
were promulgated on June 30, 2008 (73
FR 37095), into the NSPS for new
stationary CI ICE 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
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. The EPA
is, therefore, basing the standards for
non-emergency stationary CI ICE with a
displacement between 10 l/cyl and 30 l/
cyl on the technologies identified in the
June 30, 2008, rulemaking that are
expected to be used to meet the
emission standards for marine CI
engines.
The final standards would not take
effect until 2013, at the earliest. The
standards are summarized in Tables 1
and 2 in this preamble.
TABLE 1—FIRST TIER STANDARDS FOR STATIONARY CI ENGINES WITH A DISPLACEMENT ≥10 AND <30 LITERS PER
CYLINDER A
PM
g/HP-hr
(g/KW-hr)
Engine displacement (liters per cylinder)
Maximum engine power
10.0≤displacement<15.0 ............................................................
<2,000 KW ........................................
10.0≤displacement<15.0 ............................................................
2,000≤KW<3,700 ...............................
15.0≤displacement<20.0 ............................................................
<2,000 KW ........................................
20.0≤displacement<25.0 ............................................................
<2,000 KW ........................................
25.0≤displacement<30.0 ............................................................
<2,000 KW ........................................
a See
0.10
(0.14)
0.10
(0.14)
0.25
(0.34)
0.20
(0.27)
0.20
(0.27)
NOX+HC
g/HP-hr
(g/KW-hr)
4.6
(6.2)
5.8
(7.8)
5.2
(7.0)
7.3
(9.8)
8.2
(11.0)
Model year
2013+
2013+
2014+
2014+
2014+
note (b) of Table 2 for optional standards.
TABLE 2—SECOND TIER STANDARDS FOR STATIONARY CI ENGINES WITH A DISPLACEMENT ≥10 AND <30 LITERS PER
CYLINDER
PM
g/HP-hr
(g/KW-hr)
Maximum engine power
All .........................................................................
600≤KW<1,400 ................................
All .........................................................................
1,400≤KW<2,000 .............................
All .........................................................................
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Engine displacement (liters per cylinder)
2,000≤KW<3,700 .............................
<15.0 ....................................................................
15.0≤displacement <30.0 .....................................
≥3,700 KW .......................................
All .........................................................................
NOX
g/HP-hr
(g/KW-hr)
0.03
(0.04)
0.03
(0.04)
0.03c
(0.04)
0.09
(0.12)
0.19
(0.25)
0.04
(0.06)
1.3
(1.8)
1.3
(1.8)
1.3
(1.8)
1.3
(1.8)
1.3
(1.8)
1.3
(1.8)
a Optional
b Option:
compliance start dates can be used within these model years; see 40 CFR 1042.101(a)(8).
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.
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HC
g/HP-hr
(g/KW-hr)
0.14
(0.19)
0.14
(0.19)
0.14
(0.19)
0.14
(0.19)
0.14
(0.19)
0.14
(0.19)
Model year
2017+ a
2016+ b
2014+ b
2014–
2015 b
2014–
2015 b
2016+ a
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
37957
c Interim Tier 4 PM standards for 2014 and 2015 model year engines with a displacement at or above 15 liters per cylinder are 0.25 g/HP-hr
(0.34 g/KW-hr) for engines 2,000≤KW<3,300 and 0.20 g/HP-hr (0.27 g/KW-hr) for engines 3,300≤KW<3,700.
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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 has already been used for other
similar mobile and stationary engines,
like catalyzed diesel particulate filters
(CDPF) and selective catalytic reduction
(SCR).
B. Standards for Engines With
Displacement Greater Than or Equal to
30 l/cyl
In the initial final NSPS, the 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)).
Owners and operators 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 remote areas of
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, the 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. The 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 the EPA take the same
approach to emergency engines with
displacement greater than or equal to 30
l/cyl as the EPA takes for smaller
emergency engines. For other
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emergency engines, the 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 stated 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, the 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
the EPA on April 30, 2010 (75 FR
22896), for marine engines with
displacement at or above 30 l/cyl. While
the technology required by the existing
NSPS has been used on other stationary
engines, the 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 lead time 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 the 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 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/
HP-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, the EPA is finalizing 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/KWhr (33 · n¥0.23 g/HP-hr) where n
(maximum engine speed) is 130 or more
but less than 2,000 rpm; and 7.7 g/KWhr (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, the EPA is finalizing a more
stringent standard that presumes the use
of aftertreatment. The levels are 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/HP-hr)
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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 the EPA believes that
SCR can be installed on such engines
even where high sulfur fuel is being
used, the 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. The
EPA also notes that the areas in question
do not have any significant ozone
problem. The EPA, therefore, is not
requiring the more stringent standards
that would otherwise apply beginning
in 2016 in these areas.
Similarly, the EPA is not requiring the
more stringent, aftertreatment-forcing
NOX standards for emergency engines
with displacement at or above 30 l/cyl.
As the commenters noted, the 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. The EPA agrees that
similar concerns are present for
emergency engines in this power
category.
The EPA is also modifying its fuel
requirements for engines with
displacement at or above 30 l/cyl. The
final rule promulgated by the 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. The 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 on
June 1, 2012.
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The EPA agrees that the numerical
standards for PM promulgated in the
original final rule would be very
difficult, if not impossible, to achieve
using high sulfur fuel. The 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.
The EPA is finalizing a standard of 0.40
g/KW-hr (0.30 g/HP-hr). Given the
substantial health concerns associated
with diesel PM emissions, the EPA
believes it is appropriate to require this
level for all engines where low sulfur
fuel is not required. Similarly, the EPA
is revising 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.
The EPA is not changing the PM
standard for non-emergency engines in
areas where the lower sulfur fuel is
available. As the EPA explained in the
original NSPS, the 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.
C. Compliance Requirements for Owners
and Operators
In the original final NSPS for
stationary CI ICE, the EPA required all
engines to be installed, configured,
operated, and maintained according to
the specifications and instructions
provided by the engine manufacturer.
The 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 NSPS for both CI
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and SI ICE, the EPA believes in this
circumstance and with certain
safeguards, it is appropriate to provide
flexibility to owners and operators to
follow alternative operation and
maintenance procedures. Therefore, the
EPA is revising 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, the EPA will need greater
assurance that the engine is meeting
emission requirements because the
owner/operator will not be operating
according to the operation and
maintenance instructions included in
the engine manufacturer’s certification.
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. Engines greater than 500
HP are required to conduct a
performance test within 1 year of
startup (or within 1 year after an engine
and control device is no longer
installed, configured, operated, and
maintained in accordance with the
manufacturer’s emission-related written
instructions) to demonstrate compliance
with the emission standards, and also
have to conduct subsequent
performance testing every 8,760 hours
or 3 years (whichever comes first)
thereafter. These engines are also
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 are
required to conduct a performance test
within 1 year of startup (or within 1
year after an engine and control device
is no longer installed, configured,
operated, and maintained in accordance
with the manufacturer’s emissionrelated written instructions) to
demonstrate compliance with the
emission standards and in addition are
required to keep a maintenance plan
and records of conducted maintenance.
Engines below 100 HP operating in a
non-certified manner do not have to
conduct further performance testing, but
are required to keep a maintenance plan
and records, and if the owner/operator
does not install and configure the
engine and control device according to
the manufacturer’s emission-related
written instructions, then the owner/
operator must conduct a performance
test to demonstrate compliance with the
applicable emission standards within 1
year of such action.
Owners and operators have the ability
to adjust engine settings outside of
manufacturer settings as long as they
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demonstrate 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 extended to operation
and maintenance of all aspects of the
engine, which the parties believed
should be beyond the scope of the
regulation. The EPA agrees that the
operation and maintenance
requirements of the NSPS should be
restricted to emission-related operation
and maintenance, and is revising the
regulations accordingly.
The EPA notes that if the engine
settings are adjusted outside of the
manufacturer’s specifications, the
engine is no longer considered to be a
certified engine. The engine
manufacturer is no longer considered
responsible for the engine being in
compliance with the applicable
emission standards, and the emissions
warranty for the engine becomes void.
D. Temporary Replacement Engines
The EPA received comments during
and after the initial CI NSPS rulemaking
and during the SI NSPS rulemaking
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 the 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.
The EPA notes that except for certain
instances (e.g., engines at seasonal
sources or engines that replace
stationary engines at a location), engines
in one location for less than 1 year are
generally considered to be mobile
nonroad engines under the 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 stationary major source
for less than 1 year for purposes of
general maintenance or construction.
Portable engines that replace existing
stationary engines at the same location
on a temporary basis and that are
intended to perform the same or similar
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functions 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. The 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. The 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.
E. Requirements for Engines Located in
Remote Areas of Alaska
In the original final NSPS, the EPA
agreed to delay the sulfur requirements
for diesel fuel intended for stationary
ICE in remote areas of Alaska not
accessible by the Federal Aid Highway
System (FAHS) (‘‘remote Alaska’’) until
December 1, 2010, except that any 2011
model year and later stationary CI
engines operating in remote Alaska
prior to December 1, 2010, would be
required to meet the 15 ppm sulfur
requirement for diesel fuel. This
approach was consistent with the
approach that was used for nonroad and
highway engines in remote Alaska. The
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 original final
regulations included language that
allowed Alaska to submit for the EPA
approval through rulemaking process an
alternative plan for implementing the
requirements of this regulation for
public-sector electrical utilities located
in remote areas of Alaska not accessible
by the FAHS. The alternative plan
needed to be based on the requirements
of section 111 of the CAA including any
increased risks to human health and the
environment, and also needed to be
based on the unique circumstances
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related to remote power generation,
climatic conditions, and serious
economic impacts resulting from
implementation of the final NSPS.
The EPA also included an option in
the original final NSPS for stationary CI
engines that allowed 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 was required to show that there
is no other place to burn the used oil.
Each petition, if approved, was valid for
a period of up to 6 months.
The 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 remote Alaska to
the EPA. On October 31, 2008, the EPA
received Alaska’s request for several
revisions to the NSPS as it pertains to
engines located in the remote 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.
The EPA notes the following
information provided by the State of
Alaska in its request. In general, the
State noted that over 180 remote
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
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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
stated 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. The
EPA agrees that the requested revision
will reduce the complexity of the
regulations and that ULSD is not
technologically necessary for engines
that are not required to meet the Tier 4
emission standards for PM. As
discussed in section V.C., in response to
comments during this rulemaking
requesting relief from the requirement to
meet Tier 4-equivalent PM standards,
the EPA is requiring new engines in
remote areas of Alaska to meet the more
stringent PM standards and use ULSD
beginning with 2014 model year
engines. Therefore, the EPA is finalizing
a requirement that 2014 model year and
later engines use ULSD, rather than
2011 model year and later that was
proposed. The EPA also notes that the
requirement to use ULSD for 2014 and
later model year engines will eventually
lead to a complete turnover of the fuel
used in the remote villages.
The State of Alaska notes that the
planning, construction and operation of
engines in remote 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
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engines were not installed prior to
December 31, 2008. Therefore, the State
of Alaska requested that the deadline be
moved to December 2010. While the
EPA understands that some extra time
may be needed to allow for these preexisting projects to go forward with pre2007 engines, the EPA does not believe
the State of Alaska has justified a 2-year
extension, beyond the 2 years already
provided in the regulations. However,
the EPA believes that a 1-year extension
would be appropriate. The EPA is,
therefore, finalizing a 1-year extension
for owners and operators in remote
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 remote 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 remote 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. The EPA
agrees with the State that there are
significant benefits from using marine
engines, and is finalizing a revision that
will allow engines in remote 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, the EPA is
requiring that owners and operators of
2014 model year and later engines 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 have not been
tested in remote arctic climates, the EPA
notes that the original request from the
State of Alaska was particularly
concerned with NOX standards that
would likely entail the use of SCR in
remote Alaska. NOX reductions are
particularly important in areas where
ozone is a concern, because NOX is a
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precursor to ozone. However, the State
of Alaska, and remote 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
FAHS and are scattered over long
distances in remote areas and are not
connected to population centers by road
or power grid. The villages 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, the EPA understands the
State of Alaska’s argument that it is
inappropriate to require such standards
for stationary engines in remote Alaska.1
Therefore, the EPA is not requiring
owners and operators of new stationary
engines to meet the Tier 4 standards for
NOX in these areas. However, owners
and operators of model year 2014 and
later engines that do not 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 (HC).
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
the EPA has less ability to enforce such an approach
for mobile sources, where the EPA does not regulate
the owner or operator directly.
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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
remote Alaskan communities. The State
has developed a cost-effective and
reliable used-oil blending system that is
currently being used in many remote
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 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. The EPA agrees that the
limited blending of used oil into the
diesel fuel used by stationary engines in
remote Alaska is an environmentally
beneficial manner of disposing of such
oil and is of little to no concern when
kept within appropriate limits.
Therefore, the EPA is finalizing
amendments that permit the blending of
fuel oil at such levels for engines in
remote Alaska. The used oil must be
‘‘on-spec,’’ i.e., it must meet the onspecification levels and properties in 40
CFR 279.11.
The EPA agrees that the
circumstances in remote Alaska require
special rules. The EPA is, therefore,
promulgating several amendments for
engines used in remote Alaska:
• Exempting all pre-2014 model year
engines from diesel fuel sulfur
requirements;
• Allowing owners and operators of
stationary CI engines located in remote
areas of Alaska to use engines certified
to marine engine standards, rather than
land-based nonroad engine standards;
and
• Removing requirements to use
aftertreatment devices for NOX, in
particular, SCR, for engines used in
remote Alaska;
• Removing requirements to use
aftertreatment devices for PM until the
2014 model year; and
• Allowing the blending of used
lubricating oil, in volumes of up to 1.75
percent of the total fuel, if the sulfur
content of the used lubricating oil is less
than 200 ppm and the used lubricating
oil is ‘‘on-spec,’’ i.e., it meets the onspecification levels and properties of 40
CFR 279.11.
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F. Reconstruction
The EPA is also finalizing
amendments 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 either of
the following criteria:
• The fixed capital cost of the new
and refurbished components exceeds 75
percent of the fixed capital cost of a
comparable new engine; or
• The reconstructed engine consists
of a previously used engine block with
all new components.
The final 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 final rule also adds additional
clarification regarding what standards
are applicable for modified or
reconstructed engines.
G. Minor Corrections and Revisions
The EPA is making several minor
revisions in this rule to correct mistakes
in the initial rule or to clarify the rule.
The revisions 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 original
final rule;
• Revising the definition of
‘‘emergency stationary internal
combustion engine’’ in the NSPS for
stationary CI ICE to include the
allowance for 50 hours of nonemergency operation, to be consistent
with the definition of emergency
stationary internal combustion engine in
the NSPS for stationary SI ICE and the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Stationary Reciprocating Internal
Combustion Engines (RICE) (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 the 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,
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particularly concerning definitions and
compliance by owners and operators of
such engines, to correct clear errors and
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.
IV. Summary of Significant Changes
Since Proposal
A. Definitions
The EPA proposed to add a definition
for ‘‘reconstruct’’ that was specific for
the NSPS for stationary ICE. In the final
rule, the EPA is not including the
proposed definition for reconstruct, and,
instead, will continue to use the
definition for reconstruction found in
the General Provisions of 40 CFR part
60, specifically at 60.15 of that part. The
EPA also proposed to add a definition
for ‘‘date of manufacture’’ that would
have assigned a new date of
manufacture for reconstructed engines if
any of the following criteria were met:
the crankshaft was removed as part of
the reconstruction; the fixed capital cost
of the new and refurbished components
exceeded 75 percent of the fixed capital
cost for a comparable new engine; the
engine serial number was removed; or
the engine was produced using all new
components except for the engine block.
The definition for ‘‘date of
manufacture’’ that the EPA is finalizing
specifies that a new date of manufacture
is assigned for a reconstructed engine if
the fixed capital cost of the new and
refurbished components exceeded 75
percent of the fixed capital cost for a
comparable entirely new facility, or if
the engine was produced using all new
components except for the engine block.
The definition for ‘‘installed’’ that the
EPA is finalizing is also different from
the proposed definition. The definition
that the EPA proposed stated that an
engine is considered installed when it is
placed and secured at the location
where it is intended to be operated;
piping and wiring for exhaust, fuel,
controls, etc. are installed and all
connections are made; and the engine is
capable of being started. The definition
for ‘‘installed’’ in the final rule does not
include the conditions that the piping
and wiring are installed and the engine
is capable of being started.
The EPA is also correcting a
typographical error in the definition for
‘‘liquefied petroleum gas’’ in the NSPS
for stationary SI ICE, 40 CFR part 60,
subpart JJJJ. The definition should have
the word ‘‘or’’ instead of the word ‘‘of’’
after the phrase ‘‘* * * obtained as a
by-product in petroleum refining.
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* * *’’ This final rule corrects that
typographical error.
B. Emission Standards and Fuel
Requirements
In the final rule, the EPA is revising
the fuel requirements for engines subject
to the NSPS for stationary CI ICE. The
rule as originally promulgated required
owners and operators of stationary CI
ICE to use diesel fuel that meets the
requirements of 40 CFR 80.510(b) for
nonroad diesel fuel beginning on
October 1, 2010. Facilities could
petition for approval to use existing
inventories of non-compliant fuel for a
period of up to 6 months at a time.
Facilities were required to submit a new
petition if additional time was needed.
The EPA received a number of petitions
for extensions of the October 1, 2010,
deadline from facilities that operate
emergency engines that are subject to
the NSPS for stationary CI ICE. In the
petitions, the facilities indicated that
they only operate the engines for a few
hours each year, and that it may take a
period of years to use up the existing
fuel in their tanks, since they keep a
supply of fuel on hand that would be
adequate for the engines in the event of
an emergency. Petitioners also noted the
great expense of draining the remaining
fuel and purchasing replacement fuel,
while the drained fuel would likely be
used in other applications that did not
need to meet the fuel requirements of
the NSPS. A petitioner requested that
the EPA change the rule so that facilities
were required to purchase diesel fuel
that was compliant with 40 CFR
80.510(b) after October 1, 2010, but
could use any fuel remaining in its
tanks until it was depleted. Based on the
information provided in the petitions,
the EPA is revising the fuel requirement
for stationary CI ICE subject to the
NSPS. The final rule amends the
requirement to specify that owners and
operators must purchase fuel that meets
the requirements of 40 CFR 80.510(b)
beginning on October 1, 2010.
The EPA is also finalizing a different
deadline than proposed for engines with
a displacement greater than or equal to
30 l/cyl to transition to fuel with a
sulfur content of 1,000 ppm. The EPA
proposed to allow owners and operators
of these engines to begin using 1,000
ppm sulfur content fuel beginning on
January 1, 2014. The final rule allows
owners and operators to begin using
1,000 ppm sulfur content fuel beginning
June 1, 2012.
Finally, the EPA is finalizing a
different deadline for new engines in
remote areas of Alaska to begin using
ULSD than was proposed. The EPA
proposed to require the use of ULSD
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beginning with 2011 model year
engines; the final rule requires the use
of ULSD beginning with 2014 model
year engines. The EPA is also providing
additional time before requiring
stationary engines located in remote
areas of Alaska to meet more stringent
PM standards that are based on the use
of aftertreatment.
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C. Requirements for Emergency Engines
The EPA proposed to amend the
definition for ‘‘emergency stationary
internal combustion engine’’ and the
allowances for maintenance/testing and
non-emergency operation for such
engines to be consistent with the
provisions promulgated in the NESHAP
for existing stationary RICE at 40 CFR
part 63, subpart ZZZZ. The EPA is only
finalizing a portion of the proposed
revisions to the emergency engine
definition. The EPA is finalizing the
provision allowing 50 hours of nonemergency service for stationary CI
engines subject to the NSPS, in order to
make the emergency engine provisions
for new CI engines consistent with those
for new SI engines and existing CI and
SI engines. At this time, the EPA is not
finalizing the proposed provision
allowing 15 hours for demand response
operation for emergency stationary
engines. The EPA included a similar
provision for emergency engines in the
March 3, 2010, amendments to the
stationary RICE NESHAP (75 FR 9648),
and subsequently proposed to amend
the stationary engine NSPS to be
consistent with the stationary RICE
NESHAP. The EPA received two
petitions for reconsideration of the 15hour allowance for demand response in
the stationary RICE NESHAP, and is
currently reconsidering its decision to
allow emergency engines to operate for
15 hours per year as part of an
emergency demand response program.
The EPA is deferring taking final action
on including this provision in the
stationary ICE NSPS pending the
resolution of the reconsideration
process on the stationary RICE
NESHAP. The EPA will address this
issue as it affects the CI and SI engine
NSPS emergency engine provisions as
part of that reconsideration process.
D. Other
In the proposed rule, the EPA
requested 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. The
comments that were received in
response to the EPA’s request all
supported allowing stationary engines
in marine offshore settings to use
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engines meeting the marine engine
standards. In the final rule, the EPA is
including provisions that would allow
stationary engines used in marine
offshore settings to meet marine engine
standards.
The EPA received comments on the
proposed amendments requesting
several changes to 40 CFR part 60,
subpart JJJJ that were not related to this
rule. While the EPA is generally not
making these changes, as they are
beyond the scope of this rule and would
require substantive analysis, the EPA is
making certain revisions to correct clear
errors (e.g., changing > signs to < signs
where appropriate) and clarifying that
determining the exhaust flowrate is not
required if the engine is being tested to
show compliance with the
concentration-based (ppm) standards for
NOX, CO, and VOC.
V. Summary of Responses to Major
Comments
A. Fuel Requirements for Engines With
a Displacement Greater Than or Equal
to 30 L/Cyl
Comment: One commenter supported
a fuel limit of 1,000 ppm sulfur content
for engines with a displacement at or
above 30 l/cyl. The commenter agreed
that it is appropriate to align fuel
requirements for stationary engines with
a displacement at or above 30 l/cyl with
those that are in the IMO marine engine
standards, since the stationary engine
emission standards are also being
aligned with IMO marine engine
standards. However, the commenter
asked that the EPA require that this
limit become effective immediately and
not in 2014, as proposed. The
commenter claimed that 500 ppm sulfur
fuel, which is the sulfur level stationary
engines at or above 30 l/cyl currently
must meet for the fuel they use, will
become very limited and perhaps
unavailable after the 15 ppm sulfur fuel
requirements take effect in October 2010
for most mobile and stationary engines.
Engines of large displacement are not
designed to operate on 15 ppm sulfur
fuel, the commenter argued, therefore,
appropriate fuel for these engines may
not be available, or if it is, will be
significantly more costly. To ensure the
availability of appropriate fuel, the
commenter asked that the EPA allow
engines with a displacement at or above
30 l/cyl to use 1,000 ppm sulfur fuel
immediately.
Response: The EPA agrees that it
would be appropriate to require that
stationary engines with a displacement
of 30 l/cyl or more limit the sulfur
content in the fuel to 1,000 ppm
beginning earlier than 2014, which is
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the timeframe that was proposed.
However, the EPA disagrees with the
commenter’s logic and that the
requirement should become effective
immediately. Diesel fuel containing 500
ppm sulfur will be the designated offspec fuel within the diesel stream until
2014 and should be available at least for
locomotives and marine engines until
June 1, 2012. Therefore, the EPA
believes it is appropriate to finalize the
1,000 ppm fuel requirement for large
displacement engines, but require that
these engines begin using this fuel on
June 1, 2012.
B. Operating and Maintenance
Requirements
Comment: One commenter expressed
concern about the proposal that for
certified engines, owners and operators
would be allowed to develop and follow
their own operation and maintenance
(O&M) procedures as an alternative to
following the manufacturer’s O&M
procedures. The commenter
recommended that engines that do not
follow the manufacturer’s O&M
procedures be considered as operating
in a non-certified manner and subject to
initial performance testing
requirements. The commenter indicated
that it is supportive of providing
additional flexibility, but that in those
cases where an owner or operator opts
to take an alternative O&M approach,
which differs from what the
manufacturer recommends for the
engine, the engine manufacturer or
certificate holder should no longer be
responsible for emissions compliance.
According to the commenter, the EPA
should make that clarification as to who
is responsible for the emissions from the
engine and if operated differently than
recommended by the manufacturer, the
engine should no longer be classified as
a certified engine.
Response: The EPA agrees that the
engine manufacturer should not be held
responsible once owners and operators
of a certified engine no longer operate
and maintain the engine and control
device according to the manufacturer’s
O&M procedures. This is consistent
with the language in section 207 of the
CAA and 40 CFR 1068.505, regarding
mobile source engines, that specifies the
EPA not require a recall of engines by
the manufacturer unless the EPA
determines that a substantial number of
engines, although properly maintained
and used, do not conform to emission
regulations. The EPA thinks that it is
clear in the rule language that the
owner/operator, not the manufacturer, is
required to show compliance in such
situations, as was specifically laid out in
60.4211(g) of the proposed rule. Further,
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the EPA stated in the preamble to the
proposed rule that engines operated in
this manner would be considered noncertified engines and generally subject
to performance testing (see 75 FR 32615,
middle column).
C. Engines Located in Remote Alaska
Comment: One commenter supported
allowing used oil blending under the CI
NSPS. Blending used oil for burning in
the facility’s own engine is important
and decreases risks related to disposal
and spills in areas that have limited
resources available to deal with such
costs, the commenter said. According to
the commenter, a significant
environmental concern in remote
Alaska is the improper disposal of used
oil. In most remote Alaska communities,
there are no permitted used oil disposal
facilities and the cost of exporting used
oil is burdensome and can be the same
price or more than purchasing new oil,
the commenter noted. The commenter
recommended that used fuel blending
be allowed in the rule at a maximum
blend level of 1.75 percent.
Response: The EPA agrees that the
limited blending of used oil into the
diesel fuel used by stationary engines in
remote areas of Alaska is an
environmentally beneficial manner of
disposing of such oil. Therefore, the
EPA has included a provision in the
final rule that allows the blending of
fuel oil for engines in remote Alaska, in
volumes of up to 1.75 percent of the
total fuel. The sulfur content of the used
lubricating oil must be less than 200
ppm, and the used lubricating oil must
be is ‘‘on-spec,’’ i.e., it must meet the
on-specification levels and properties in
40 CFR 279.11.
Comment: One commenter expressed
concern over the proposed requirements
for small remote power plants in Alaska
that would necessitate aftertreatment in
order to meet the PM limits. The
commenter’s concern regarding
aftertreatment for PM is based on the
majority of small remote power plans
being un-staffed and the technical
capability of staff being minimal and
including only basic maintenance tasks
such as maintaining the oil, filter, belts
and hoses. In addition, the commenter
was concerned that the exhaust
aftertreatment used to reduce PM would
limit the ability to burn used oil in the
engine, and could also pose a risk to the
reliability of the engine. The commenter
also believed that the installation and
maintenance costs for PM aftertreatment
were unreasonable.
Response: The EPA disagrees with the
commenter that PM limits that
necessitate the use of aftertreatment like
CDPF should not be required at all for
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stationary CI engines located in remote
areas of Alaska. The need for PM control
was in the commenter’s original request
to the EPA, noting that PM is the most
significant pollutant of concern in
remote areas of Alaska. Stationary CI
engines are often in very close
proximity to the towns and the diesel
PM emissions, which are highly toxic,
can fall on the towns. Substantial health
impacts are associated with diesel PM
emissions and the EPA does not believe
it is appropriate to reduce the stringency
of PM requirements in remote Alaska.
Regarding the concerns raised by the
State of Alaska regarding the feasibility
and cost of installing and operating
CDPF in remote villages, the EPA is
providing additional time in the final
rule before new stationary engines in
remote areas of Alaska are required to
meet PM standards that would require
CDPF. The use of CDPF for new
nonroad and stationary diesel engines in
the United States will be phased in from
2011 to 2015. Waiting until there is
more widespread experience with
operating and maintaining CDPF would
allow time for Alaska’s concerns
regarding the feasibility of maintaining
CDPF on engines in remote areas to be
addressed. The type of engines most
often used to power the remote villages
is currently required by the NSPS to
meet PM standards based on the use of
CDPF beginning with the 2011 or 2012
model year, depending on the engine
size. Providing a delay until the 2014
model year for engines located in
remote Alaskan villages would provide
State with 2 to 3 years to gain
experience with the operation of the
controls and develop the equipment
infrastructure needed to properly
operate and maintain the CDPF. In
response to this comment, the EPA
consulted with vendors of CDPF, who
indicated that the installation and
maintenance costs for the systems are
not as high as the estimates provided by
the State of Alaska.2
The EPA recognizes that the blending
of used oil into diesel fuel is a concern
for engines equipped with CDPF;
however, the EPA believes that given
the restrictions in the rule for used oil
blending (no more than 1.75 percent of
total fuel and no more than 200 ppm
sulfur in the oil), the increase in sulfur
caused by the blending should not be a
significant concern for the operation of
CDPF-equipped engines.
2 See memorandum titled ‘‘Summary of Calls
with Vendors of Diesel Particulate Filters (DPF)’’ in
docket EPA–HQ–OAR–2010–0295.
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D. Emission Standards for Marine
Engines
Comment: Several commenters
provided recommendations on how to
treat stationary engines used in marine
offshore settings. The commenters said
that marine engines should not be
subject to land-based standards and
indicated support for revisions to allow
the use of marine based standards as
opposed to NSPS for offshore platform
installations. The commenters indicated
that these engines are normally nonroad
engines that are subject to marine
engine standards. The commenters said
that if the marine engine is used in a
stationary manner, the commenters
were supportive of language being
added to indicate that stationary engines
in marine offshore settings may comply
with applicable marine engine
standards as opposed to the land-based
standards.
Response: The EPA requested
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 comments received
on this issue, the EPA agrees that it
would be appropriate to allow
stationary engines used in marine
offshore settings to meet marine engine
standards. The EPA understands that
engines used in these settings are
generally certified to marine standards
and that it may not be possible to know
how an engine will be used throughout
its life when it is first used. The EPA
does not see a need to require engines
utilized in the same marine offshore
setting to be certified to different
standards based solely on the time an
engine remains in one location. It
therefore is appropriate to require
engines used in both mobile and
stationary marine offshore applications
to be able to meet the same standard.
E. Test Methods
Comment: One commenter said that
the test method for stationary engines
with a displacement at or above 30 l/cyl
needs to be changed from Method 5 to
Method 5B or Method 17. The main
reason the commenter believes Method
5 is not suitable is because it requires
the use of glass fiber filters maintained
at 120 degrees Celsius (°C) [250 degrees
Fahrenheit (°F)]. The method also
requires that in sources that have sulfur
dioxide (SO2) or sulfur trioxide (SO3)
that the filter material be unreactive to
these pollutants and International
Organization for Standardization (ISO)
method 9096 2003 does not recommend
glass fiber filter use where this reaction
occurs. The commenter went on to say
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that the temperature required by
Method 5 is generally much lower than
normal exhaust temperatures from large
displacement engines. This necessitates
cooling of the exhaust gas in order to
use Method 5, the commenter said,
which would lead to the formation of
additional condensation particles that
would affect the sampling results. The
commenter argued that the method
would not yield reproducible results
and recommended that due to
inconsistencies, the EPA should allow
alternative methods. The commenter
recommended that the EPA raise the PM
sampling temperature in Method 5 to a
minimum of 160 °C, which essentially
means changing Method 5 to Method
5B, and also allow stationary engines to
use Method 17 as an alternative.
Response: The EPA disagrees with the
comment that EPA Method 5 does not
provide accurate and precise
measurements of PM. The statements in
EPA Method 5 and ISO 9096 2003
regarding the selection of filtration
media that are unreactive to SO3 are
intended to ensure that the proper filter
media are used. When acceptable filter
media are selected, including glass fiber
filters that are unreactive to SO2 or SO3,
EPA Method 5 has been shown to
provide reproducible results
irrespective of the filtration temperature
chosen.
The EPA also disagrees that EPA
Method 5 cannot achieve a filtration
temperature of 120 °C (250 °F) since
there are no procedures for cooling the
sample gas from the stack temperature
to the required filtration temperature.
EPA Method 5 is silent on the method
for cooling the sample gas, as this is left
to the discretion of the source test
individual. The method employed
depends upon the stack gas
temperature, the required filtration
temperature, and the equipment
available to the individual test
contractor. In most situations, no special
procedures are required since sufficient
cooling is achieved by normal air
exposure of the probe and filter holder.
Where filtration temperature is likely to
exceed the method specified
temperature, contractors have used
specially constructed air cooled or water
cooled probes to achieve the proper
temperature.
F. Definitions
Comment: Several commenters were
concerned with the proposed definition
of ‘‘reconstruct.’’ According to the
commenters, the proposed definition
would result in stationary engines
currently not subject to the rule
becoming subject to NSPS after
conducting routine maintenance, repair,
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rework, and overhaul. Several
commenters stated that the EPA has not
provided sufficient rationale for adding
this new definition and the term is
significantly different from other NSPS
definitions and applicability
determinations regarding
reconstruction. Two commenters said
that the proposed definition excludes
the cost of fundamental components
from the fixed capital costs, such as the
engineering costs, construction and site
installation and startup costs, and the
costs associated with auxiliary
components that service or that are
critical to the engine’s operation.
Commenters requested that the EPA
maintain the definitions in 40 CFR
60.15(b) and 40 CFR 60.15(c), for
reconstruction and fixed capital cost,
respectively, in the final NSPS for
stationary CI and SI engines.
Response: The EPA proposed to add
a definition of ‘‘reconstruct’’ to the CI
and SI NSPS as an attempt to clarify the
meaning of reconstruction. The EPA’s
objective with the proposal was to
provide a more specific definition
applicable to stationary engines rather
than the broader definition provided in
the General Provisions of 40 CFR part
60. The proposed definition was
intended to clarify how to conduct the
reconstruction analysis by specifically
proposing to include a definition that
would be applicable to stationary
engines subject to NSPS. The EPA
believed that providing a specific
definition applicable only to stationary
engines would be beneficial by bringing
clarity to how reconstruction is
determined in the stationary engine
setting.
The EPA did not expect the proposed
change to be controversial nor did the
EPA anticipate that the proposed change
would cause such significant concern
among affected sources. However, as
illustrated in the summary of comments
on this issue, several affected
stakeholders strongly opposed the EPA’s
suggested changes to the historical
definition of reconstruction. Based on
the extensive concerns provided by
commenters and subsequent
information the EPA has received from
stakeholders after the proposal, the EPA
determined that it is appropriate to not
include the proposed definition of
‘‘reconstruct’’ in the final rule. Instead,
the EPA is finalizing the rule using the
definition of ‘‘reconstruction’’ from the
General Provisions of 40 CFR part 60.
Again, the EPA intended to provide
more guidance than what was originally
provided in the rule on reconstruction;
however, it is nearly impossible to
capture all potential situations in a
definition. The EPA believes it is
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appropriate to continue to rely on the
definition in 40 CFR 60.15. Therefore,
the EPA is not finalizing the proposed
definition of ‘‘reconstruct.’’
Comment: A number of commenters
took issue with the criteria in the
proposed definition of the ‘‘date of
manufacture’’ and asked that the
definition either be removed or revised.
Commenters said that the proposed
changes to the date of manufacture
definition constitute significant concern
for industry because of the cost and
operational impacts, plus regulatory
confusion the commenters believe the
changes create. Commenters indicated
that the criteria in the definition are
flawed and inconsistent with previous
definitions of reconstruction. Several
commenters were of the opinion that it
is not appropriate to include the
removal of the crankshaft as criteria for
designating an engine being subject to
new standards. This component is
frequently removed during inspection
and maintenance, according to the
commenters, who suggested that the
criteria related to the crankshaft be
removed entirely. According to the
commenters, removal of the crankshaft
is sometimes necessary to access
components, but this should not
constitute replacement. Commenters
said that the removal of the serial
number from the engine should not
necessitate the need to comply with
new engine standards. Commenters
indicated that the serial number could
be inadvertently knocked off during
transportation or use, and asked that it
also not be included as a criterion in the
final rule.
Response: As with the EPA’s
proposed definition of ‘‘reconstruct,’’
the proposal to add a definition for the
‘‘date of manufacture’’ led to a
significant concern with affected
stakeholders as reflected in this
comment summary. Commenters were
generally not opposed to having a
definition for the ‘‘date of manufacture,’’
but were against some of the criteria
used in the proposed definition.
Based on the comments related to
removal of the crankshaft, the EPA
agrees that including the engine
crankshaft language in the definition of
‘‘date of manufacture’’ would not be
appropriate. The EPA does not wish to
trigger more stringent standards for
engines that are simply undergoing
regular maintenance. Notably, solely
removing the engine crankshaft is not an
indication that a substantial amount of
work has been conducted on the engine
to the extent that it should have to meet
to more stringent emission standards.
Consequently, the EPA is not including
the crankshaft criteria in the definition
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of ‘‘date of manufacture’’ in the final
rule.
Regarding comments opposing the
inclusion of the serial number in the
definition of ‘‘date of manufacture,’’ the
EPA agrees that it would be appropriate
to exclude that specific criterion in the
final rule. The EPA does not wish to
require more stringent standards for
reconstructed engines solely due to the
possibility that in some cases, the serial
number might not be available, for
instance, it may have been knocked off
during transportation, use or
maintenance, or if the engine was
acquired and it did not have a tag. The
EPA is not interested in penalizing
affected sources, where information
simply is not available or missing based
on a technicality, by subjecting them to
more stringent standards. Importantly,
the lack of the engine serial number is
not an indicator that the engine has
undergone significant modification to
the point where it should be subject to
more stringent standards. Therefore, in
the final rule, the EPA has not included
the serial number criteria in the
definition of ‘‘date of manufacture.’’
The EPA believes that finalizing a cost
threshold of 75 percent of the cost of a
new facility in the definition of ‘‘date of
manufacture’’ is appropriate. Based on
the comments received, it appears that
the majority of the issues surrounding
the date of manufacture concept were
related to the crankshaft being included
in the definition. Since the EPA is not
including the engine crankshaft as a
determining factor for assigning an
engine a new date of manufacture, the
EPA believes that most of the issues
brought up by commenters would be
resolved.
Comment: One commenter thought
that the definition of ‘‘installed’’ in
sections 60.4248 and 60.4219 of the
proposed NSPS amendments should be
modified. The commenter indicated that
part of the definition is appropriate, i.e.,
in terms of having the engine ‘‘placed
and secured at a location where it is
intended to operate’’ for defining
‘‘installed.’’ However, the commenter
did not agree with the rest of the
definition as that states ‘‘* * * the
piping and wiring for exhaust, fuel,
controls, etc., is installed and all
connections are made; and the engine is
capable of being started.’’ The
commenter recommended that the final
definition read as follows: ‘‘Installed
means the engine is placed and secured
at the location where it is intended to
be operated.’’ According to the
commenter, because stationary engines
are often part of a larger facility, the
engines may be placed at the location in
advance of completing the rest of the
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facility and this could be significantly
prior to utilities being completed
(including local permits and building
inspections). In the commenter’s
opinion, creating the foundation and
placing the engine at the location
indicates major commitment by the
owner, and the commenter did not
believe that it is necessary to finalize the
remaining connections in order to
demonstrate the owner’s intent, and
such connections are typically more
related to the larger construction project
than the engine itself.
Response: The EPA agrees with the
commenter’s recommendations
regarding the definition of ‘‘installed.’’
The EPA agrees that installation should
be defined as the engine has been
placed and secured where it is intended
to be operated, and that the engine does
not have to be capable of being started
before it can be considered installed,
since the final piping and wiring may
not be completed until well after the
engine is secured in its permanent
location.
VI. Summary of Environmental, Energy
and Economic Impacts
A. What are the air quality impacts?
The final rule would reduce NOX
emissions from stationary CI ICE with a
displacement between 10 and 30 l/cyl
by an estimated 300 tons per year (tpy),
PM emissions by about 8 tpy, and HC
emissions by about 4 tpy, in the year
2018. The 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 final 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 HC
emissions by about 18 tpy. Emissions
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. The EPA expects very few
stationary CI ICE with a displacement of
30 l/cyl or more to be installed per year,
and no emissions reductions have been
estimated for these engines.
B. What are the cost impacts?
The total costs of the final rule are
based on the cost associated with
purchasing and installing controls on
non-emergency stationary CI ICE with a
displacement between 10 and 30 l/cyl.
The costs of aftertreatment were based
on information developed for CI marine
engines. Further information on how the
EPA estimated the total costs of the final
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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
final 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 final rule in the year 2030 is
$235,000, with a total national annual
cost of $711,000. All of these costs are
in 2009 dollars.
C. What are the economic impacts?
The EPA expects that there will be
less than a 0.001 percent increase in
price and a similar decrease in product
demand associated with this final rule
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?
The EPA does not anticipate any
significant non-air health,
environmental or energy impacts as a
result of this final rule.
VII. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
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
not requiring any additional
recordkeeping, reporting, notification or
other requirements in this final rule.
The changes being finalized 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
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control numbers for the EPA’s
regulations in 40 CFR are listed in 40
CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this final rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
For the electric power generation
industry (NAICS 2211), the small
business size standard is an ultimate
parent entity defined as having a total
electric output of 4 million megawatthours in the previous fiscal year. The
specific SBA size standard is identified
for each affected industry within the
Economic Impact Analysis for the final
rule. In this case, the EPA presumes the
affected engines will all be located in
the electric power generation industry.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities
(SISNOSE). The EPA estimates that only
three firms are expected to incur costs
associated with this final rule, and only
one of these firms is a small entity. This
small entity is expected to have
annualized costs that are less than 0.001
percent of its sales. Hence, the EPA
concludes that there is no SISNOSE for
this rule.
Although this final rule will not have
a significant economic impact on a
substantial number of small entities,
EPA nonetheless has tried to reduce the
impact of this rule on small entities.
When developing the revised standards,
EPA conducted several meetings with
industry trade associations to discuss
regulatory options and the
corresponding burden on industry, such
as recordkeeping and reporting. The
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final rule requires the minimum level of
testing, monitoring, recordkeeping, and
reporting to affected stationary ICE
sources necessary to ensure compliance.
For more information on the small
entity impacts associated with the final
rule, please refer to the Economic
Impact Analysis in the public docket at
https://www.regulations.gov. (Docket ID
No. EPA–HQ–OAR–2010–0295).
D. Unfunded Mandates Reform Act of
1995
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
finalized 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
rule is not subject to the requirements
of sections 202 or 205 of the Unfunded
Mandates Reform Act (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 finalized in this action by
the Agency are minimal and mostly
affect stationary CI engine
manufacturers 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 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.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This final 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.
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Thus, Executive Order 13175 does not
apply to this final rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The 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 action is not subject to
Executive Order 13045 because it is
based solely on technology
performance.
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
104–113, 12(d) (15 U.S.C. 272 note)
directs the 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 the
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This action does not involve technical
standards. Therefore, the EPA did not
consider 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,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
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policies, and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
final rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. The changes the
Agency is finalizing 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 finalizing have
minimal effect on emissions.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this final rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This final rule will
be effective on August 29, 2011.
List of Subjects
40 CFR Part 60
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Particulate
matter, Reporting and recordkeeping.
40 CFR Part 1039
Administrative practice and
procedure, Air pollution control.
srobinson on DSK4SPTVN1PROD with RULES3
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.
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Dated: June 8, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended to
read as follows:
PART 60—[AMENDED]
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart IIII—[AMENDED]
2. Section 60.4200 is amended by
revising paragraph (a) and adding
paragraph (e) to read as follows:
■
§ 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.
(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 CI ICE 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,
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37967
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) through (g) to read as
follows:
§ 60.4201 What emission standards must I
meet for non-emergency engines if I am a
stationary CI internal combustion engine
manufacturer?
*
*
*
*
*
(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
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, 40 CFR
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 (c) of this
section, stationary non-emergency CI
ICE identified in paragraphs (a) and (c)
may be certified to the provisions of 40
CFR part 94 or, if Table 1 to 40 CFR
1042.1 identifies 40 CFR part 1042 as
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being applicable, 40 CFR part 1042, if
the engines will be used solely in either
or both of the following locations:
(1) Areas of Alaska not accessible by
the Federal Aid Highway System
(FAHS); and
(2) Marine offshore installations.
(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 manufacturers 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 (h) 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?
srobinson on DSK4SPTVN1PROD with RULES3
*
*
*
*
*
(c) [RESERVED]
*
*
*
*
*
(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 and later
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;
(3) Their 2013 model year emergency
stationary CI ICE with a displacement of
greater than or equal to 15 liters per
cylinder and less than 30 liters per
cylinder; and
(4) Their 2014 model year and later
emergency stationary CI ICE with a
maximum engine power greater than or
equal to 2,000 KW (2,682 HP) and a
displacement of greater than or equal to
15 liters per 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
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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 and later
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
maximum engine power less than 2,000
KW (2,682 HP) and a displacement of
greater than or equal to 15 liters per
cylinder and less than 30 liters per
cylinder.
(g) Notwithstanding the requirements
in paragraphs (a) through (d) of this
section, stationary emergency CI
internal combustion engines identified
in paragraphs (a) and (c) may be
certified to the provisions of 40 CFR
part 94 or, if Table 2 to 40 CFR 1042.101
identifies Tier 3 standards as being
applicable, the requirements applicable
to Tier 3 engines in 40 CFR part 1042,
if the engines will be used solely in
either or both of the following locations:
(1) Areas of Alaska not accessible by
the FAHS; and
(2) Marine offshore installations.
(h) 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 manufacturers 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:
■
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§ 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?
*
*
*
*
*
(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:
(i) 17.0 grams per kilowatt-hour (g/
KW-hr) (12.7 grams per horsepower-hr
(g/HP-hr)) when maximum engine speed
is less than 130 revolutions per minute
(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
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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:
srobinson on DSK4SPTVN1PROD with RULES3
§ 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, 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
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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
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?
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 (b), removing and
reserving paragraph (c), and revising
paragraph (d) to read as follows:
§ 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?
*
*
*
*
*
(b) Beginning October 1, 2010, owners
and operators of stationary CI ICE
subject to this subpart with a
displacement of less than 30 liters per
cylinder that use diesel fuel must
purchase diesel fuel that meets the
requirements of 40 CFR 80.510(b) for
nonroad diesel fuel.
(c) [RESERVED]
(d) Beginning June 1, 2012, 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 no longer
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 parts per million
(ppm).
*
*
*
*
*
■ 10. Section 60.4208 is amended by
revising the section heading, revising
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37969
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 previous model years?
*
*
*
*
*
(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
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:
§ 60.4209 What are the monitoring
requirements if I am an owner or operator
of a stationary CI internal combustion
engine?
*
*
*
*
*
(a) If you are an owner or operator of
an emergency stationary CI internal
combustion engine 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
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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
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:
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(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 (g) 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.
*
*
*
*
*
(c) * * * The engine must be
installed and configured according to
the manufacturer’s emission-related
specifications, except as permitted in
paragraph (g) 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 or
§ 60.4213, as appropriate. The test must
be conducted within 60 days after the
engine commences operation after the
modification or reconstruction.
(f) Emergency stationary ICE may be
operated for the purpose of maintenance
checks and readiness testing, provided
that the tests are recommended by
Federal, State or local government, the
manufacturer, the vendor, or the
insurance company associated with the
engine. Maintenance checks and
readiness testing of such units is limited
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to 100 hours per year. There is no time
limit on the use of emergency stationary
ICE in emergency situations. The owner
or operator may petition the
Administrator for approval of additional
hours to be used for maintenance checks
and readiness testing, but a petition is
not required if the owner or operator
maintains records indicating that
Federal, State, or local standards require
maintenance and testing of emergency
ICE beyond 100 hours per year.
Emergency stationary ICE may operate
up to 50 hours per year in nonemergency situations, but those 50
hours are counted towards the 100
hours per year provided for
maintenance and testing. The 50 hours
per year for non-emergency situations
cannot be used for peak shaving or to
generate income for a facility to supply
power to an electric grid or otherwise
supply non-emergency power as part of
a financial arrangement with another
entity. For owners and operators of
emergency engines, any operation other
than emergency operation, maintenance
and testing, and operation in nonemergency situations for 50 hours per
year, as permitted in this section, is
prohibited.
(g) If you do not install, configure,
operate, and maintain your engine and
control device according to the
manufacturer’s emission-related written
instructions, or you change emissionrelated settings in a way that is not
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. In addition, if
you do not install and configure the
engine and control device according to
the manufacturer’s emission-related
written instructions, or you change the
emission-related settings in a way that
is not permitted by the manufacturer,
you must conduct an initial
performance test to demonstrate
compliance with the applicable
emission standards 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
must, to the extent practicable, maintain
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and operate the engine in a manner
consistent with good air pollution
control practice for minimizing
emissions. In addition, you must
conduct an initial performance test to
demonstrate compliance with the
applicable emission standards within 1
year of startup, or within 1 year after an
engine and control device is no longer
installed, configured, operated, and
maintained in accordance with the
manufacturer’s emission-related written
instructions, or within 1 year after you
change emission-related settings in a
way that is not permitted by the
manufacturer.
(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 to
demonstrate compliance with the
applicable emission standards within 1
year of startup, or within 1 year after an
engine and control device is no longer
installed, configured, operated, and
maintained in accordance with the
manufacturer’s emission-related written
instructions, or within 1 year after you
change emission-related settings in a
way that is not permitted by the
manufacturer. You must conduct
subsequent performance testing every
8,760 hours of engine operation or 3
years, whichever comes first, thereafter
to demonstrate compliance with the
applicable emission standards.
14. Section 60.4212 is amended by
revising the introductory text and
paragraph (a) and adding paragraph (e)
to read as follows:
■
srobinson on DSK4SPTVN1PROD with RULES3
§ 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
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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).
■ 15. Section 60.4213 is amended by
revising the introductory text to read as
follows:
§ 60.4213 What test methods and other
procedures must I use if I am an owner or
operator of a stationary CI internal
combustion engine with a displacement of
greater than or equal to 30 liters per
cylinder?
Owners and operators of stationary CI
ICE with a displacement of greater than
or equal to 30 liters per cylinder must
conduct performance tests according to
paragraphs (a) through (f) of this section.
*
*
*
*
*
■ 16. Section 60.4215 is amended by
revising paragraph (a) and adding
paragraph (c) to read as follows:
§ 60.4215 What requirements must I meet
for engines used in Guam, American
Samoa, or the Commonwealth of the
Northern Mariana Islands?
(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
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37971
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).
■ 17. Section 60.4216 is amended by
revising paragraphs (a) and (b) and
adding paragraphs (c) through (f) to read
as follows:
§ 60.4216 What requirements must I meet
for engines used in Alaska?
(a) Prior to December 1, 2010, owners
and operators of stationary CI ICE with
a displacement of less than 30 liters per
cylinder located in areas of Alaska not
accessible by the FAHS should refer to
40 CFR part 69 to determine the diesel
fuel requirements applicable to such
engines.
(b) Except as indicated in paragraph
(c) of this section, manufacturers,
owners and operators of stationary CI
ICE with a displacement of less than 10
liters per cylinder located in areas of
Alaska not accessible by the FAHS 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, as indicated in sections
§§ 60.4201(f) and 60.4202(g) of this
subpart.
(c) Manufacturers, owners and
operators of stationary CI ICE 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 nonemergency engines in § 60.4201 and
§ 60.4204, except that for 2014 model
year and later non-emergency CI ICE,
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,
or 60 percent for engines with a
displacement of greater than or equal to
30 liters per cylinder, compared to
engine-out emissions.
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(d) The provisions of § 60.4207 do not
apply to owners and operators of pre2014 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
accessible by the FAHS until after
December 31, 2009.
(f) The provisions of this section and
§ 60.4207 do not prevent owners and
operators of stationary CI ICE subject to
this subpart that are located in areas of
Alaska not accessible by the FAHS from
using fuels mixed with used lubricating
oil, in volumes of up to 1.75 percent of
the total fuel. The sulfur content of the
used lubricating oil must be less than
200 parts per million. The used
lubricating oil must meet the onspecification levels and properties for
used oil in 40 CFR 279.11.
■ 18. Section 60.4217 is revised to read
as follows:
srobinson on DSK4SPTVN1PROD with RULES3
§ 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.
■ 19. Section 60.4219 is amended by:
■ (a) Adding definitions of ‘‘Certified
emissions life’’ and ‘‘Date of
manufacture’’ in alphabetical order;
■ (b) Adding a definition of ‘‘Freshly
manufactured engine’’ in alphabetical
order;
■ (c) Adding a definition of ‘‘Installed’’
in alphabetical order;
■ (d) Revising the definition of ‘‘Model
year’’;
■ (e) Revising the definition
of ‘‘Stationary internal combustion
engine’’; and
■ (f) Removing the definition of ‘‘Useful
life’’ to read as follows.
§ 60.4219
subpart?
What definitions apply to this
*
*
*
*
*
Certified emissions life means the
period during which the engine is
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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).
*
*
*
*
*
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 fixed capital cost of the new and
refurbished components exceeds 75
percent of the fixed capital cost of a
comparable entirely new facility. 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 is
produced using all new components
except for the engine block. In these
cases, the date of manufacture is the
date of reconstruction or the date the
new engine is produced.
*
*
*
*
*
Freshly manufactured engine means
an engine that has not been placed into
service. An engine becomes freshly
manufactured when it is originally
produced.
*
*
*
*
*
Installed means the engine is placed
and secured at the location where it is
intended to be operated.
*
*
*
*
*
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
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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’’).
*
*
*
*
*
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.
*
*
*
*
*
■ 20. Table 3 to Subpart IIII of Part 60
is revised to read as follows:
As stated in § 60.4202(d), you must
certify new stationary fire pump engines
beginning with the following model
years:
TABLE 3 TO SUBPART IIII OF PART
60—CERTIFICATION REQUIREMENTS
FOR STATIONARY FIRE PUMP ENGINES
Engine
power
Starting model
year engine
manufacturers
must certify
new
stationary
fire pump
engines
according to
§ 60.4202(d)1
KW<75 ..............................
(HP<100) ..........................
75≤KW<130 ......................
(100≤HP<175) ..................
130≤KW≤560 ....................
(175≤HP≤750) ..................
KW>560 ............................
(HP>750) ..........................
2011
2010
2009
2008
1Manufacturers
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.
Subpart JJJJ—[AMENDED]
21. Section 60.4230 is amended by
revising paragraphs (a) introductory text
■
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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
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.
*
*
*
*
*
■ 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:
If engine
displacement is * * *
and
manufacturing
dates are * * *
the engine must meet
emission standards and
related requirements for
nonhandheld engines
under * * *
(1)
(2)
(3)
(4)
July 1, 2008 to December 31, 2011 .................................................
January 1, 2012 or later ....................................................................
July 1, 2008 to December 31, 2010 .................................................
January 1, 2011 or later ....................................................................
40
40
40
40
below 225 cc .............................................
below 225 cc .............................................
at or above 225 cc ....................................
at or above 225 cc ....................................
(g) Notwithstanding the requirements
in paragraphs (a) through (c) of this
section, stationary SI internal
combustion engine manufacturers are
not required to certify reconstructed
engines; however manufacturers 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 SI ICE.
■ 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?
srobinson on DSK4SPTVN1PROD with RULES3
*
*
*
*
*
(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
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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
HP), and a volatile organic compounds
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CFR
CFR
CFR
CFR
part
part
part
part
90.
1054.
90.
1054.
(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 (except lean burn natural gas
engines and LPG engines with a
maximum engine power greater than or
equal to 500 HP and less than 1,350 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;
(iv) Prior to January 1, 2008, for nonemergency lean burn natural gas engines
and LPG engines with a maximum
engine power greater than or equal to
500 HP and less than 1,350 HP.
(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
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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 60.4236 is amended by
revising the section heading to read as
follows:
■
§ 60.4236 What is the deadline for
importing or installing stationary SI ICE
produced in previous model years?
*
*
*
*
*
25. Section 60.4241 is amended by
revising the first sentence in paragraph
(b) to read as follows:
■
§ 60.4241 What are my compliance
requirements if I am a manufacturer of
stationary SI internal combustion engines
participating in the voluntary certification
program?
srobinson on DSK4SPTVN1PROD with RULES3
*
*
*
*
*
(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. * * *
*
*
*
*
*
26. Section 60.4243 is amended by
revising paragraph (a) introductory text,
revising paragraph (a)(1), and adding
paragraph (i) to read as follows:
■
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§ 60.4243 What are my compliance
requirements if I am an owner or operator
of a stationary SI internal combustion
engine?
(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.
*
*
*
*
*
(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.
■ 27. 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) Adding a definition for ‘‘Freshly
manufactured engine’’ in alphabetical
order;
■ (d) Adding a definition for ‘‘Installed’’
in alphabetical order;
■ (e) Revising the definition of
‘‘Liquefied petroleum gas’’;
■ (f) Revising the definition of ‘‘Model
year’’;
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(g) Revising the definition of
‘‘Stationary internal combustion
engine’’; and
■ (h) 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
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:
(i) 1,000 hours of operation.
(ii) Your recommended overhaul
interval.
(iii) Your mechanical warranty for the
engine.
*
*
*
*
*
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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
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 fixed capital cost of the new and
refurbished components exceeds 75
percent of the fixed capital cost of a
comparable entirely new facility. 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 is
produced using all new components
except for the engine block. In these
cases, the date of manufacture is the
date of reconstruction or the date the
new engine is produced.
*
*
*
*
*
Freshly manufactured engine means
an engine that has not been placed into
service. An engine becomes freshly
manufactured when it is originally
produced.
*
*
*
*
*
Installed means the engine is placed
and secured at the location where it is
intended to be operated.
*
*
*
*
*
Liquefied petroleum gas means any
liquefied hydrocarbon gas obtained as a
by-product in petroleum refining or
natural gas production.
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’’).
*
*
*
*
*
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.
*
*
*
*
*
28. Table 1 to Subpart JJJJ of Part 60
is revised to read as follows:
■
TABLE 1 TO SUBPART JJJJ OF PART 60—NOX, CO, AND VOC EMISSION STANDARDS FOR STATIONARY NON-EMERGENCY SI ENGINES ≥100 HP (EXCEPT GASOLINE AND RICH BURN LPG), STATIONARY SI LANDFILL/DIGESTER GAS
ENGINES, AND STATIONARY EMERGENCY ENGINES >25 HP
Emission standards a
Engine type
and fuel
Maximum
engine power
Manufacture
date
g/HP-hr
NOX
CO
ppmvd at 15% O2
VOC d
NOX
CO
VOC d
Non-Emergency SI Natural Gas b and Non-Emergency SI
Lean Burn LPG b.
100≤HP<500 ....
7/1/2008
2.0
4.0
1.0
160
540
86
Non-Emergency SI Lean Burn Natural Gas and LPG ..............
500≤HP<1,350
Non-Emergency SI Natural Gas and Non-Emergency SI Lean
Burn LPG (except lean burn 500≤HP<1,350).
HP≥500 .............
1/1/2011
1/1/2008
7/1/2010
7/1/2007
1.0
2.0
1.0
2.0
2.0
4.0
2.0
4.0
0.7
1.0
0.7
1.0
82
160
82
160
270
540
270
540
60
86
60
86
Landfill/Digester Gas (except lean burn 500≤HP<1,350) .........
HP≥500 .............
HP<500 ............
7/1/2010
7/1/2008
1/1/2011
7/1/2007
7/1/2010
1/1/2008
7/1/2010
1/1/2009
........................
1.0
3.0
2.0
3.0
2.0
3.0
2.0
c 10
2.0
2.0
5.0
5.0
5.0
5.0
5.0
5.0
387
4.0
0.7
1.0
1.0
1.0
1.0
1.0
1.0
N/A
1.0
82
220
150
220
150
220
150
N/A
160
270
610
610
610
610
610
610
N/A
540
60
80
80
80
80
80
80
N/A
86
HP≥500 .............
Landfill/Digester Gas Lean Burn ...............................................
500≤HP<1,350
Emergency ................................................................................
25<HP<130 ......
HP≥130 .............
srobinson on DSK4SPTVN1PROD with RULES3
a Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either g/HP-hr or
ppmvd at 15 percent O2.
b Owners and operators of new or reconstructed non-emergency lean burn SI stationary engines with a site rating of greater than or equal to
250 brake HP located at a major source that are meeting the requirements of 40 CFR part 63, subpart ZZZZ, Table 2a do not have to comply
with the CO emission standards of Table 1 of this subpart.
c The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NO + HC.
X
d For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of formaldehyde should not be included.
29. Table 2 to Subpart JJJJ of Part 60
is revised to read as follows:
■
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As stated in § 60.4244, you must
comply with the following requirements
for performance tests within 10 percent
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TABLE 2 TO SUBPART JJJJ OF PART 60—REQUIREMENTS FOR PERFORMANCE TESTS
For each
Complying with the requirement to
You must
1. Stationary SI internal
combustion engine demonstrating compliance
according to § 60.4244.
a. limit the concentration of
NOX in the stationary SI
internal combustion engine exhaust.
i. Select the sampling port
location and the number
of traverse points;
(1) Method 1 or 1A of 40
CFR part 60, Appendix
A or ASTM Method
D6522–00(2005)a.
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location;
iii. If necessary, 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
(2) Method 3, 3A, or 3Bb
of 40 CFR part 60, appendix A or ASTM Method D6522–00(2005)a.
v. Measure NOX at the exhaust of the stationary
internal combustion engine.
b. limit the concentration of
CO in the stationary SI
internal combustion engine exhaust.
i. Select the sampling port
location and the number
of traverse points;
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location;
iii. If necessary, 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
srobinson on DSK4SPTVN1PROD with RULES3
v. Measure CO at the exhaust of the stationary
internal combustion engine.
c. limit the concentration of
VOC in the stationary SI
internal combustion engine exhaust.
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i. Select the sampling port
location and the number
of traverse points;
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According to the following
requirements
Using
(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.
(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 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.
(2) Method 3, 3A, or 3Bb
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 NOX concentration.
(d) Results of this test consist of the average of
the three 1-hour or
longer runs.
(a) If using a control device, the sampling site
must be located at the
outlet of the control device.
(b) Measurements to determine O2 concentration
must be made at the
same time as the measurements for CO concentration.
(3) Method 2 or 19 of 40
CFR part 60.
(4) Method 4 of 40 CFR
part 60, appendix A,
Method 320 of 40 CFR
part 63, appendix A, or
ASTM 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.
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28JNR3
(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.
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
37977
TABLE 2 TO SUBPART JJJJ OF PART 60—REQUIREMENTS FOR PERFORMANCE TESTS—Continued
You must
Using
According to the following
requirements
ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at
the sampling port location;
iii. If necessary, 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
For each
Complying with the requirement to
(2) Method 3, 3A, or 3Bb
of 40 CFR part 60, appendix A or ASTM Method D6522–00(2005)a.
(b) Measurements to determine O2 concentration
must be made at the
same time as the measurements for VOC concentration.
v. Measure VOC at the exhaust of the stationary
internal combustion engine.
PART 1039—[AMENDED]
§ 1065.1
■
PART 1068—[AMENDED]
■
§ 1039.20 What requirements from this
part apply to excluded stationary engines?
*
*
*
*
*
(a) You must add a permanent label
or tag to each new engine you produce
or import that is excluded under
§ 1039.1(c) as a stationary engine and is
not required by 40 CFR part 60, subpart
IIII, to meet the requirements of this part
1039, or the requirements of 40 CFR
parts 89, 94 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
89, 94 or 1042, must meet the labeling
requirements of 40 CFR 60.4210.
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Applicability
PART 1065—[AMENDED]
33. Section 1042.1 is amended by
adding paragraph (h) to read as follows:
31. Section 1039.20 is amended by
revising paragraph (a) introductory text
and paragraph (c) to read as follows:
*
(d) Results of this test consist of the average of
the three 1-hour or
longer runs.
*
*
*
*
(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.
Authority: 42 U.S.C. 7401–7671q.
Authority: 42 U.S.C. 7401–7671q.
■
(c) Measurements to determine moisture must
be made at the same
time as the measurement for VOC concentration.
(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,
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.
*
*
*
*
*
32. The authority citation for part
1042 continues to read as follows:
■
srobinson on DSK4SPTVN1PROD with RULES3
(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) 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 Ac,d, Method
320 of 40 CFR part 63,
appendix A, or ASTM D
6348–03 (incorporated
by reference, see
§ 60.17).
PART 1042—[AMENDED]
30. The authority citation for part
1039 continues to read as follows:
(3) Method 2 or 19 of 40
CFR part 60.
§ 1042.1
Applicability
34. The authority citation for part
1065 continues to read as follows:
■
36. The authority citation for part
1068 continues to read as follows:
■
Authority: 42 U.S.C. 7401–7671q.
35. Section 1065.1 is amended by
revising paragraphs (a)(3) and (a)(4) to
read as follows:
■
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Authority: 42 U.S.C. 7401–7671q.
37. Section 1068.1 is amended by
revising paragraph (a)(3) to read as
follows:
■
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§ 1068.1
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations
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. 2011–15004 Filed 6–27–11; 8:45 am]
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BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Rules and Regulations]
[Pages 37954-37978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15004]
[[Page 37953]]
Vol. 76
Tuesday,
No. 124
June 28, 2011
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; Final Rule
Federal Register / Vol. 76 , No. 124 / Tuesday, June 28, 2011 / Rules
and Regulations
[[Page 37954]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 1039, 1042, 1065, 1068
[EPA-HQ-OAR-2010-0295, FRL-9319-5]
RIN 2060-AP67
Standards of Performance for Stationary Compression Ignition and
Spark Ignition Internal Combustion Engines
AGENCY: The Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is finalizing revisions to the standards of
performance for new stationary compression ignition internal combustion
engines under section 111(b) of the Clean Air Act. The final rule
requires 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. In
addition, the action revises 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 remote portions of Alaska that are not accessible by the
Federal Aid Highway System. The action also provides additional
flexibility to owners and operators of affected engines, and corrects
minor mistakes in the original standards of performance. Finally, the
action makes minor revisions to the standards of performance for new
stationary spark ignition internal combustion engines to correct minor
errors and to mirror certain revisions finalized for compression
ignition engines, which provides consistency where appropriate for the
regulation of stationary internal combustion engines. The final
standards will 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 in the year 2030.
DATES: This final rule is effective on August 29, 2011.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2010-0295. The EPA also relies on materials in
Docket ID Nos. EPA-HQ-OAR-2005-0029 and EPA-HQ-OAR-2003-0190, and
incorporates those dockets into the record for this final rule. All
documents in the docket are listed on the https://www.regulations.gov
Web site. Although listed in the index, some information is not
publicly available, e.g., Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through https://www.regulations.gov or in hard copy at EPA Headquarters
Library, Room Number 3334, EPA West Building, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through
Friday. The telephone number for the Public Reading Room is (202) 566-
1744, and the telephone number for the Air and Radiation Docket and
Information Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), Environmental
Protection Agency, 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: Background Information Document. On June 8,
2010 (75 FR 32612), the EPA proposed amendments to the standards of
performance for stationary compression ignition and spark ignition
engines. A summary of the public comments on the proposal and the EPA's
responses to the comments, as well as the Economic Impact and Small
Business Analysis Report, are available in Docket ID No. EPA-HQ-OAR-
2010-0295.
Organization of This Document. The following outline is provided to
aid in locating information in the preamble.
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document?
C. Judicial Review
II. Background
III. Summary of the Final Amendments
A. Standards for New Engines With Displacement Greater Than or
Equal to 10 l/cyl and Less Than 30 l/cyl
B. Standards for Engines With Displacement Greater Than or Equal
to 30 l/cyl
C. Compliance Requirements for Owners and Operators
D. Temporary Replacement Engines
E. Requirements for Engines Located in Remote Areas of Alaska
F. Reconstruction
G. Minor Corrections and Revisions
IV. Summary of Significant Changes Since Proposal
A. Definitions
B. Emission Standards and Fuel Requirements
C. Requirements for Emergency Engines
D. Other
V. Summary of Responses to Major Comments
A. Fuel Requirements for Engines With a Displacement Greater
Than or Equal to 30 Liters/Cylinder
B. Operating and Maintenance Requirements
C. Engines Located in Remote Alaska
D. Emission Standards for Marine Engines
E. Test Methods
F. Definitions
VI. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental and energy
impacts?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory 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 and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. General Information
A. Does this action apply to me?
Regulated Entities. Categories and entities potentially regulated
by this action include:
[[Page 37955]]
----------------------------------------------------------------------------------------------------------------
NAICS
Category \1\ Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Any manufacturer that produces or any industry 2211 Electric power generation, transmission, or
using a stationary internal combustion engine as distribution.
defined in the final 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 of this final rule. If
you have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
B. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this final action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit by
August 29, 2011. Under section 307(d)(7)(B) of the CAA, only an
objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under section 307(b)(2) of the CAA, the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for the EPA to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a
copy to both the person(s) listed in the preceding FOR FURTHER
INFORMATION CONTACT section, and the Associate General Counsel for the
Air and Radiation Law Office, Office of General Counsel (Mail Code
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
II. Background
This action promulgates revisions to the new source performance
standards (NSPS) for new compression ignition (CI) stationary internal
combustion engines (ICE). The NSPS were originally promulgated on July
11, 2006 (71 FR 39153). New source performance standards implement
section 111(b) of the CAA, and are issued for categories of sources
which cause, or contribute significantly to, air pollution which may
reasonably be anticipated to endanger public health or welfare. The
standards apply to new stationary sources of emissions, i.e., sources
whose construction, reconstruction, or modification begins after a
standard for those sources is proposed.
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 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. For engines with displacement
greater than or equal to 30 l/cyl, the standards were based on evidence
collected for those specified engines.
Following promulgation of the initial NSPS, the EPA received
several comments from interested parties regarding aspects of the final
rule. In particular, the Engine Manufacturers Association (EMA) stated
its belief that the standards promulgated for engines with displacement
greater than or equal to 30 l/cyl were not feasible, especially for
those engines located in 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 the 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 that were different from those recommended by
manufacturers, yet would still provide good emission control practice
for minimizing emissions. API also had other comments regarding the
final rule, including concerns regarding use of the term ``useful
life'' in the stationary engine context, and concerns that temporary
portable engines would be treated as subject to NSPS requirements
beyond the requirements for nonroad engines. These amendments address
the comments received from EMA and API.
Additionally, on June 30, 2008, the 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, the
EPA promulgated final fuel requirements and standards regulating
emissions from marine
[[Page 37956]]
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). The EPA is revising the NSPS for
stationary CI engines with a displacement greater than or equal to 10
l/cyl to align them with the standards for similar marine engines.
Also, on October 31, 2008, the State of Alaska, pursuant to the
provision in the final NSPS for CI engines allowing it to request
alternative provisions for remote Alaska, requested that the EPA make
certain changes in its requirements to account for circumstances in
remote Alaska that are different from those in the rest of the United
States. These amendments revise the NSPS for stationary CI engines to
address issues raised by the State of Alaska in its request.
On January 18, 2008, the 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. Therefore, the EPA is making minor revisions to the NSPS for
stationary SI engines to maintain consistency with the NSPS for
stationary CI engines. In addition, the EPA received comments
indicating minor errors in the regulations for SI engines. While the
EPA is not making any significant changes to the SI regulations in this
rule, except for those to maintain consistency, the EPA is correcting
certain minor errors in the NSPS for stationary SI engines in this
rule.
III. Summary of the Final Amendments
A. Standards for New Engines With Displacement Greater Than or Equal to
10 l/cyl and Less Than 30 l/cyl
The EPA is incorporating the standards for new marine engines that
were promulgated on June 30, 2008 (73 FR 37095), into the NSPS for new
stationary CI ICE 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 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. The EPA is, therefore, basing the standards for
non-emergency stationary CI ICE with a displacement between 10 l/cyl
and 30 l/cyl on the technologies identified in the June 30, 2008,
rulemaking that are expected to be used to meet the emission standards
for marine CI engines.
The final standards would not take effect until 2013, at the
earliest. The standards are summarized in Tables 1 and 2 in this
preamble.
Table 1--First Tier Standards for Stationary CI Engines With a Displacement >=10 and <30 Liters per Cylinder \a\
----------------------------------------------------------------------------------------------------------------
NOX+HC g/HP-
Engine displacement (liters per Maximum engine power PM g/HP-hr hr (g/KW- Model year
cylinder) (g/KW-hr) hr)
----------------------------------------------------------------------------------------------------------------
10.0<=displacement<15.0.............. <2,000 KW............... 0.10 4.6 2013+
(0.14) (6.2)
10.0<=displacement<15.0.............. 2,000<=KW<3,700......... 0.10 5.8 2013+
(0.14) (7.8)
15.0<=displacement<20.0.............. <2,000 KW............... 0.25 5.2 2014+
(0.34) (7.0)
20.0<=displacement<25.0.............. <2,000 KW............... 0.20 7.3 2014+
(0.27) (9.8)
25.0<=displacement<30.0.............. <2,000 KW............... 0.20 8.2 2014+
(0.27) (11.0)
----------------------------------------------------------------------------------------------------------------
\a\ See note (b) of Table 2 for optional standards.
Table 2--Second Tier Standards for Stationary CI Engines With a Displacement >=10 and <30 Liters per Cylinder
----------------------------------------------------------------------------------------------------------------
Engine displacement (liters per Maximum engine PM g/HP-hr NOX g/HP-hr HC g/HP-hr
cylinder) power (g/KW-hr) (g/KW-hr) (g/KW-hr) Model year
----------------------------------------------------------------------------------------------------------------
All.............................. 600<=KW<1,400...... 0.03 1.3 0.14 2017+ \a\
(0.04) (1.8) (0.19)
All.............................. 1,400<=KW<2,000.... 0.03 1.3 0.14 2016+ \b\
(0.04) (1.8) (0.19)
All.............................. 2,000<=KW<3,700.... 0.03\c\ 1.3 0.14 2014+ \b\
(0.04) (1.8) (0.19)
<15.0............................ 0.09 1.3 0.14 2014-2015 \b\
(0.12) (1.8) (0.19)
15.0<=displacement <30.0......... >=3,700 KW......... 0.19 1.3 0.14 2014-2015 \b\
(0.25) (1.8) (0.19)
All.............................. 0.04 1.3 0.14 2016+ \a\
(0.06) (1.8) (0.19)
----------------------------------------------------------------------------------------------------------------
\a\ Optional compliance start dates can be used within these model years; see 40 CFR 1042.101(a)(8).
\b\ 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.
[[Page 37957]]
\c\ Interim Tier 4 PM standards for 2014 and 2015 model year engines with a displacement at or above 15 liters
per cylinder are 0.25 g/HP-hr (0.34 g/KW-hr) for engines 2,000<=KW<3,300 and 0.20 g/HP-hr (0.27 g/KW-hr) for
engines 3,300<=KW<3,700.
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 has already been used for other similar mobile and stationary
engines, like catalyzed diesel particulate filters (CDPF) and selective
catalytic reduction (SCR).
B. Standards for Engines With Displacement Greater Than or Equal to 30
l/cyl
In the initial final NSPS, the 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)). Owners and operators
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 remote areas of 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, the 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. The 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 the EPA take the same
approach to emergency engines with displacement greater than or equal
to 30 l/cyl as the EPA takes for smaller emergency engines. For other
emergency engines, the 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 stated 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, the 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 the EPA on April 30,
2010 (75 FR 22896), for marine engines with displacement at or above 30
l/cyl. While the technology required by the existing NSPS has been used
on other stationary engines, the 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 lead time 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 the 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 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/HP-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, the EPA is finalizing 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/HP-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, the EPA is finalizing a more stringent
standard that presumes the use of aftertreatment. The levels are 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/HP-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 the EPA believes that SCR can be
installed on such engines even where high sulfur fuel is being used,
the 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. The EPA also notes
that the areas in question do not have any significant ozone problem.
The EPA, therefore, is not requiring the more stringent standards that
would otherwise apply beginning in 2016 in these areas.
Similarly, the EPA is not requiring the more stringent,
aftertreatment-forcing NOX standards for emergency engines
with displacement at or above 30 l/cyl. As the commenters noted, the
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. The EPA agrees that similar concerns are present for
emergency engines in this power category.
The EPA is also modifying its fuel requirements for engines with
displacement at or above 30 l/cyl. The final rule promulgated by the
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. The 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 on June 1, 2012.
[[Page 37958]]
The EPA agrees that the numerical standards for PM promulgated in
the original final rule would be very difficult, if not impossible, to
achieve using high sulfur fuel. The 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. The EPA is finalizing a standard
of 0.40 g/KW-hr (0.30 g/HP-hr). Given the substantial health concerns
associated with diesel PM emissions, the EPA believes it is appropriate
to require this level for all engines where low sulfur fuel is not
required. Similarly, the EPA is revising 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.
The EPA is not changing the PM standard for non-emergency engines
in areas where the lower sulfur fuel is available. As the EPA explained
in the original NSPS, the 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.
C. Compliance Requirements for Owners and Operators
In the original final NSPS for stationary CI ICE, the EPA required
all engines to be installed, configured, operated, and maintained
according to the specifications and instructions provided by the engine
manufacturer. The 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 NSPS for both CI and SI ICE, the EPA believes in this
circumstance and with certain safeguards, it is appropriate to provide
flexibility to owners and operators to follow alternative operation and
maintenance procedures. Therefore, the EPA is revising 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, the EPA will need greater assurance that the engine
is meeting emission requirements because the owner/operator will not be
operating according to the operation and maintenance instructions
included in the engine manufacturer's certification. 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. Engines greater than 500 HP are required to conduct a
performance test within 1 year of startup (or within 1 year after an
engine and control device is no longer installed, configured, operated,
and maintained in accordance with the manufacturer's emission-related
written instructions) to demonstrate compliance with the emission
standards, and also have to conduct subsequent performance testing
every 8,760 hours or 3 years (whichever comes first) thereafter. These
engines are also 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 are required to conduct a performance test within 1 year of
startup (or within 1 year after an engine and control device is no
longer installed, configured, operated, and maintained in accordance
with the manufacturer's emission-related written instructions) to
demonstrate compliance with the emission standards and in addition are
required to keep a maintenance plan and records of conducted
maintenance. Engines below 100 HP operating in a non-certified manner
do not have to conduct further performance testing, but are required to
keep a maintenance plan and records, and if the owner/operator does not
install and configure the engine and control device according to the
manufacturer's emission-related written instructions, then the owner/
operator must conduct a performance test to demonstrate compliance with
the applicable emission standards within 1 year of such action.
Owners and operators have the ability to adjust engine settings
outside of manufacturer settings as long as they demonstrate 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 extended to operation and maintenance of all aspects of the engine,
which the parties believed should be beyond the scope of the
regulation. The EPA agrees that the operation and maintenance
requirements of the NSPS should be restricted to emission-related
operation and maintenance, and is revising the regulations accordingly.
The EPA notes that if the engine settings are adjusted outside of
the manufacturer's specifications, the engine is no longer considered
to be a certified engine. The engine manufacturer is no longer
considered responsible for the engine being in compliance with the
applicable emission standards, and the emissions warranty for the
engine becomes void.
D. Temporary Replacement Engines
The EPA received comments during and after the initial CI NSPS
rulemaking and during the SI NSPS rulemaking 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 the 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.
The EPA notes that except for certain instances (e.g., engines at
seasonal sources or engines that replace stationary engines at a
location), engines in one location for less than 1 year are generally
considered to be mobile nonroad engines under the 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 stationary major source for less than 1
year for purposes of general maintenance or construction.
Portable engines that replace existing stationary engines at the
same location on a temporary basis and that are intended to perform the
same or similar
[[Page 37959]]
functions 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. The 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. The 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.
E. Requirements for Engines Located in Remote Areas of Alaska
In the original final NSPS, the EPA agreed to delay the sulfur
requirements for diesel fuel intended for stationary ICE in remote
areas of Alaska not accessible by the Federal Aid Highway System (FAHS)
(``remote Alaska'') until December 1, 2010, except that any 2011 model
year and later stationary CI engines operating in remote Alaska prior
to December 1, 2010, would be required to meet the 15 ppm sulfur
requirement for diesel fuel. This approach was consistent with the
approach that was used for nonroad and highway engines in remote
Alaska. The 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 original final regulations included language that
allowed Alaska to submit for the EPA approval through rulemaking
process an alternative plan for implementing the requirements of this
regulation for public-sector electrical utilities located in remote
areas of Alaska not accessible by the FAHS. The alternative plan needed
to be based on the requirements of section 111 of the CAA including any
increased risks to human health and the environment, and also needed to
be based on the unique circumstances related to remote power
generation, climatic conditions, and serious economic impacts resulting
from implementation of the final NSPS.
The EPA also included an option in the original final NSPS for
stationary CI engines that allowed 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 was required to show
that there is no other place to burn the used oil. Each petition, if
approved, was valid for a period of up to 6 months.
The 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 remote Alaska to
the EPA. On October 31, 2008, the EPA received Alaska's request for
several revisions to the NSPS as it pertains to engines located in the
remote 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.
The EPA notes the following information provided by the State of
Alaska in its request. In general, the State noted that over 180 remote
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 stated 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. The EPA
agrees that the requested revision will reduce the complexity of the
regulations and that ULSD is not technologically necessary for engines
that are not required to meet the Tier 4 emission standards for PM. As
discussed in section V.C., in response to comments during this
rulemaking requesting relief from the requirement to meet Tier 4-
equivalent PM standards, the EPA is requiring new engines in remote
areas of Alaska to meet the more stringent PM standards and use ULSD
beginning with 2014 model year engines. Therefore, the EPA is
finalizing a requirement that 2014 model year and later engines use
ULSD, rather than 2011 model year and later that was proposed. The EPA
also notes that the requirement to use ULSD for 2014 and later model
year engines will eventually lead to a complete turnover of the fuel
used in the remote villages.
The State of Alaska notes that the planning, construction and
operation of engines in remote 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
[[Page 37960]]
engines were not installed prior to December 31, 2008. Therefore, the
State of Alaska requested that the deadline be moved to December 2010.
While the EPA understands that some extra time may be needed to allow
for these pre-existing projects to go forward with pre-2007 engines,
the EPA does not believe the State of Alaska has justified a 2-year
extension, beyond the 2 years already provided in the regulations.
However, the EPA believes that a 1-year extension would be appropriate.
The EPA is, therefore, finalizing a 1-year extension for owners and
operators in remote 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 remote 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 remote
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. The EPA agrees with the State that there are significant
benefits from using marine engines, and is finalizing a revision that
will allow engines in remote 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, the EPA is
requiring that owners and operators of 2014 model year and later
engines 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 have not been tested in remote arctic climates,
the EPA notes that the original request from the State of Alaska was
particularly concerned with NOX standards that would likely
entail the use of SCR in remote 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 remote 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 FAHS and are
scattered over long distances in remote areas and are not connected to
population centers by road or power grid. The villages 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, the EPA understands the State of Alaska's argument that it
is inappropriate to require such standards for stationary engines in
remote Alaska.\1\ Therefore, the EPA is not requiring owners and
operators of new stationary engines to meet the Tier 4 standards for
NOX in these areas. However, owners and operators of model
year 2014 and later engines that do not 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 (HC).
---------------------------------------------------------------------------
\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 the EPA has
less ability to enforce such an approach for mobile sources, where
the 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 remote Alaskan
communities. The State has developed a cost-effective and reliable
used-oil blending system that is currently being used in many remote
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 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. The
EPA agrees that the limited blending of used oil into the diesel fuel
used by stationary engines in remote Alaska is an environmentally
beneficial manner of disposing of such oil and is of little to no
concern when kept within appropriate limits. Therefore, the EPA is
finalizing amendments that permit the blending of fuel oil at such
levels for engines in remote Alaska. The used oil must be ``on-spec,''
i.e., it must meet the on-specification levels and properties in 40 CFR
279.11.
The EPA agrees that the circumstances in remote Alaska require
special rules. The EPA is, therefore, promulgating several amendments
for engines used in remote Alaska:
Exempting all pre-2014 model year engines from diesel fuel
sulfur requirements;
Allowing owners and operators of stationary CI engines
located in remote areas of Alaska to use engines certified to marine
engine standards, rather than land-based nonroad engine standards; and
Removing requirements to use aftertreatment devices for
NOX, in particular, SCR, for engines used in remote Alaska;
Removing requirements to use aftertreatment devices for PM
until the 2014 model year; and
Allowing the blending of used lubricating oil, in volumes
of up to 1.75 percent of the total fuel, if the sulfur content of the
used lubricating oil is less than 200 ppm and the used lubricating oil
is ``on-spec,'' i.e., it meets the on-specification levels and
properties of 40 CFR 279.11.
[[Page 37961]]
F. Reconstruction
The EPA is also finalizing amendments 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
either of the following criteria:
The fixed capital cost of the new and refurbished
components exceeds 75 percent of the fixed capital cost of a comparable
new engine; or
The reconstructed engine consists of a previously used
engine block with all new components.
The final 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 final rule also adds additional clarification
regarding what standards are applicable for modified or reconstructed
engines.
G. Minor Corrections and Revisions
The EPA is making several minor revisions in this rule to correct
mistakes in the initial rule or to clarify the rule. The revisions 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 original final
rule;
Revising the definition of ``emergency stationary internal
combustion engine'' in the NSPS for stationary CI ICE to include the
allowance for 50 hours of non-emergency operation, to be consistent
with the definition of emergency stationary internal combustion engine
in the NSPS for stationary SI ICE and the National Emission Standards
for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating
Internal Combustion Engines (RICE) (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 the
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 correct clear errors and 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.
IV. Summary of Significant Changes Since Proposal
A. Definitions
The EPA proposed to add a definition for ``reconstruct'' that was
specific for the NSPS for stationary ICE. In the final rule, the EPA is
not including the proposed definition for reconstruct, and, instead,
will continue to use the definition for reconstruction found in the
General Provisions of 40 CFR part 60, specifically at 60.15 of that
part. The EPA also proposed to add a definition for ``date of
manufacture'' that would have assigned a new date of manufacture for
reconstructed engines if any of the following criteria were met: the
crankshaft was removed as part of the reconstruction; the fixed capital
cost of the new and refurbished components exceeded 75 percent of the
fixed capital cost for a comparable new engine; the engine serial
number was removed; or the engine was produced using all new components
except for the engine block. The definition for ``date of manufacture''
that the EPA is finalizing specifies that a new date of manufacture is
assigned for a reconstructed engine if the fixed capital cost of the
new and refurbished components exceeded 75 percent of the fixed capital
cost for a comparable entirely new facility, or if the engine was
produced using all new components except for the engine block.
The definition for ``installed'' that the EPA is finalizing is also
different from the proposed definition. The definition that the EPA
proposed stated that an engine is considered installed when it is
placed and secured at the location where it is intended to be operated;
piping and wiring for exhaust, fuel, controls, etc. are installed and
all connections are made; and the engine is capable of being started.
The definition for ``installed'' in the final rule does not include the
conditions that the piping and wiring are installed and the engine is
capable of being started.
The EPA is also correcting a typographical error in the definition
for ``liquefied petroleum gas'' in the NSPS for stationary SI ICE, 40
CFR part 60, subpart JJJJ. The definition should have the word ``or''
instead of the word ``of'' after the phrase ``* * * obtained as a by-
product in petroleum refining. * * *'' This final rule corrects that
typographical error.
B. Emission Standards and Fuel Requirements
In the final rule, the EPA is revising the fuel requirements for
engines subject to the NSPS for stationary CI ICE. The rule as
originally promulgated required owners and operators of stationary CI
ICE to use diesel fuel that meets the requirements of 40 CFR 80.510(b)
for nonroad diesel fuel beginning on October 1, 2010. Facilities could
petition for approval to use existing inventories of non-compliant fuel
for a period of up to 6 months at a time. Facilities were required to
submit a new petition if additional time was needed. The EPA received a
number of petitions for extensions of the October 1, 2010, deadline
from facilities that operate emergency engines that are subject to the
NSPS for stationary CI ICE. In the petitions, the facilities indicated
that they only operate the engines for a few hours each year, and that
it may take a period of years to use up the existing fuel in their
tanks, since they keep a supply of fuel on hand that would be adequate
for the engines in the event of an emergency. Petitioners also noted
the great expense of draining the remaining fuel and purchasing
replacement fuel, while the drained fuel would likely be used in other
applications that did not need to meet the fuel requirements of the
NSPS. A petitioner requested that the EPA change the rule so that
facilities were required to purchase diesel fuel that was compliant
with 40 CFR 80.510(b) after October 1, 2010, but could use any fuel
remaining in its tanks until it was depleted. Based on the information
provided in the petitions, the EPA is revising the fuel requirement for
stationary CI ICE subject to the NSPS. The final rule amends the
requirement to specify that owners and operators must purchase fuel
that meets the requirements of 40 CFR 80.510(b) beginning on October 1,
2010.
The EPA is also finalizing a different deadline than proposed for
engines with a displacement greater than or equal to 30 l/cyl to
transition to fuel with a sulfur content of 1,000 ppm. The EPA proposed
to allow owners and operators of these engines to begin using 1,000 ppm
sulfur content fuel beginning on January 1, 2014. The final rule allows
owners and operators to begin using 1,000 ppm sulfur content fuel
beginning June 1, 2012.
Finally, the EPA is finalizing a different deadline for new engines
in remote areas of Alaska to begin using ULSD than was proposed. The
EPA proposed to require the use of ULSD
[[Page 37962]]
beginning with 2011 model year engines; the final rule requires the use
of ULSD beginning with 2014 model year engines. The EPA is also
providing additional time before requiring stationary engines located
in remote areas of Alaska to meet more stringent PM standards that are
based on the use of aftertreatment.
C. Requirements for Emergency Engines
The EPA proposed to amend the definition for ``emergency stationary
internal combustion engine'' and the allowances for maintenance/testing
and non-emergency operation for such engines to be consistent with the
provisions promulgated in the NESHAP for existing stationary RICE at 40
CFR part 63, subpart ZZZZ. The EPA is only finalizing a portion of the
proposed revisions to the emergency engine definition. The EPA is
finalizing the provision allowing 50 hours of non-emergency service for
stationary CI engines subject to the NSPS, in order to make the
emergency engine provisions for new CI engines consistent with those
for new SI engines and existing CI and SI engines. At this time, the
EPA is not finalizing the proposed provision allowing 15 hours for
demand response operation for emergency stationary engines. The EPA
included a similar provision for emergency engines in the March 3,
2010, amendments to the stationary RICE NESHAP (75 FR 9648), and
subsequently proposed to amend the stationary engine NSPS to be
consistent with the stationary RICE NESHAP. The EPA received two
petitions for reconsideration of the 15-hour allowance for demand
response in the stationary RICE NESHAP, and is currently reconsidering
its decision to allow emergency engines to operate for 15 hours per
year as part of an emergency demand response program. The EPA is
deferring taking final action on including this provision in the
stationary ICE NSPS pending the resolution of the reconsideration
process on the stationary RICE NESHAP. The EPA will address this issue
as it affects the CI and SI engine NSPS emergency engine provisions as
part of that reconsideration process.
D. Other
In the proposed rule, the EPA requested 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.
The comments that were received in response to the EPA's request all
supported allowing stationary engines in marine offshore settings to
use engines meeting the marine engine standards. In the final rule, the
EPA is including provisions that would allow stationary engines used in
marine offshore settings to meet marine engine standards.
The EPA received comments on the proposed amendments requesting
several changes to 40 CFR part 60, subpart JJJJ that were not related
to this rule. While the EPA is generally not making these changes, as
they are beyond the scope of this rule and would require substantive
analysis, the EPA is making certain revisions to correct clear errors
(e.g., changing > signs to < signs where appropriate) and clarifying
that determining the exhaust flowrate is not required if the engine is
being tested to show compliance with the concentration-based (ppm)
standards for NOX, CO, and VOC.
V. Summary of Responses to Major Comments
A. Fuel Requirements for Engines With a Displacement Greater Than or
Equal to 30 L/Cyl
Comment: One commenter supported a fuel limit of 1,000 ppm sulfur
content for engines with a displacement at or above 30 l/cyl. The
commenter agreed that it is appropriate to align fuel requirements for
stationary engines with a displacement at or above 30 l/cyl with those
that are in the IMO marine engine standards, since the stationary
engine emission standards are also being aligned with IMO marine engine
standards. However, the commenter asked that the EPA require that this
limit become effective immediately and not in 2014, as proposed. The
commenter claimed that 500 ppm sulfur fuel, which is the sulfur level
stationary engines at or above 30 l/cyl currently must meet for the
fuel they use, will become very limited and perhaps unavailable after
the 15 ppm sulfur fuel requirements take effect in October 2010 for
most mobile and stationary engines. Engines of large displacement are
not designed to operate on 15 ppm sulfur fuel, the commenter argued,
therefore, appropriate fuel for these engines may not be available, or
if it is, will be significantly more costly. To ensure the availability
of appropriate fuel, the commenter asked that the EPA allow engines
with a displacement at or above 30 l/cyl to use 1,000 ppm sulfur fuel
immediately.
Response: The EPA agrees that it would be appropriate to require
that stationary engines with a displacement of 30 l/cyl or more limit
the sulfur content in the fuel to 1,000 ppm beginning earlier than
2014, which is the timeframe that was proposed. However, the EPA
disagrees with the commenter's logic and that the requirement should
become effective immediately. Diesel fuel containing 500 ppm sulfur
will be the designated off-spec fuel within the diesel stream until
2014 and should be available at least for locomotives and marine
engines until June 1, 2012.
