Standards of Performance for Stationary Compression Ignition and Spark Ignition Internal Combustion Engines, 37954-37978 [2011-15004]

Download as PDF 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 srobinson on DSK4SPTVN1PROD with RULES3 SUMMARY: VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 http:// 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 http:// 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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: E:\FR\FM\28JNR3.SGM 28JNR3 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: http://www.epa.gov/ ttn/oarpg/. The TTN provides information and technology exchange in various areas of air pollution control. srobinson on DSK4SPTVN1PROD with RULES3 37955 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 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 E:\FR\FM\28JNR3.SGM 28JNR3 37956 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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 ......................................................................... srobinson on DSK4SPTVN1PROD with RULES3 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. VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\28JNR3.SGM 28JNR3 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. srobinson on DSK4SPTVN1PROD with RULES3 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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) PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 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. E:\FR\FM\28JNR3.SGM 28JNR3 37958 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES3 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 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 E:\FR\FM\28JNR3.SGM 28JNR3 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES3 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 37959 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 E:\FR\FM\28JNR3.SGM 28JNR3 srobinson on DSK4SPTVN1PROD with RULES3 37960 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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. PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 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. E:\FR\FM\28JNR3.SGM 28JNR3 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES3 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, VerDate Mar<15>2010 18:52 Jun 27, 2011 Jkt 223001 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. PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 37961 * * *’’ 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 E:\FR\FM\28JNR3.SGM 28JNR3 37962 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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. srobinson on DSK4SPTVN1PROD with RULES3 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 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, E:\FR\FM\28JNR3.SGM 28JNR3 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES3 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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. PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 37963 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 E:\FR\FM\28JNR3.SGM 28JNR3 37964 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES3 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, VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 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 E:\FR\FM\28JNR3.SGM 28JNR3 srobinson on DSK4SPTVN1PROD with RULES3 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 37965 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 E:\FR\FM\28JNR3.SGM 28JNR3 37966 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES3 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 http://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. PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 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, E:\FR\FM\28JNR3.SGM 28JNR3 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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. VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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, PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 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 E:\FR\FM\28JNR3.SGM 28JNR3 37968 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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: ■ PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 § 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 E:\FR\FM\28JNR3.SGM 28JNR3 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 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 E:\FR\FM\28JNR3.SGM 28JNR3 srobinson on DSK4SPTVN1PROD with RULES3 37970 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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: VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 (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 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 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 E:\FR\FM\28JNR3.SGM 28JNR3 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 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. E:\FR\FM\28JNR3.SGM 28JNR3 37972 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations (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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 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 ■ E:\FR\FM\28JNR3.SGM 28JNR3 37973 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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 VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 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 E:\FR\FM\28JNR3.SGM 28JNR3 37974 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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: ■ VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 § 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’’; PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 (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. * * * * * E:\FR\FM\28JNR3.SGM 28JNR3 37975 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: ■ VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 As stated in § 60.4244, you must comply with the following requirements for performance tests within 10 percent PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 of 100 percent peak (or the highest achievable) load: E:\FR\FM\28JNR3.SGM 28JNR3 37976 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 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. VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 PO 00000 i. Select the sampling port location and the number of traverse points; Frm 00024 Fmt 4701 Sfmt 4700 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. E:\FR\FM\28JNR3.SGM 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. VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 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: ■ PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 Authority: 42 U.S.C. 7401–7671q. 37. Section 1068.1 is amended by revising paragraph (a)(3) to read as follows: ■ E:\FR\FM\28JNR3.SGM 28JNR3 37978 § 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] srobinson on DSK4SPTVN1PROD with RULES3 BILLING CODE 6560–50–P VerDate Mar<15>2010 18:10 Jun 27, 2011 Jkt 223001 PO 00000 Frm 00026 Fmt 4701 Sfmt 9990 E:\FR\FM\28JNR3.SGM 28JNR3

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





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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]]


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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.

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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 http://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 http://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]]



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                                                     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: http://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.