[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Proposed Rules]
[Pages 33804-33855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4919]



[[Page 33803]]

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Part II





Environmental Protection Agency





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40 CFR Parts 60, 63, et al.



Standards of Performance for Stationary Spark Ignition Internal 
Combustion Engines and National Emission Standards for Hazardous Air 
Pollutants for Reciprocating Internal Combustion Engines; Proposed Rule

  Federal Register / Vol. 71, No. 112 / Monday June 12, 2006 / Proposed 
Rules  

[[Page 33804]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 63, 85, 90, 1048, 1065, and 1068

[EPA-HQ-OAR-2005-0030, FRL-8176-1]
RIN 2060-AM81 and 2060-AN62


Standards of Performance for Stationary Spark Ignition Internal 
Combustion Engines and National Emission Standards for Hazardous Air 
Pollutants for Reciprocating Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing new source standards of performance for 
stationary spark ignition internal combustion engines. EPA is also 
proposing national emission standards for hazardous air pollutants for 
stationary reciprocating internal combustion engines that either are 
located at area sources of hazardous air pollutant emissions or that 
have a site rating of less than or equal to 500 brake horsepower and 
are located at major sources of hazardous air pollutant emissions.

DATES: Comments must be received on or before September 11, 2006, or 60 
days after date of public hearing if later. Under the Paperwork 
Reduction Act, comments on the information collection provisions must 
be received by the Office of Management and Budget (OMB) on or before 
July 12, 2006. Public Hearing. If anyone contacts us requesting to 
speak at a public hearing by July 3, 2006, a public hearing will be 
held on July 12, 2006. If you are interested in attending the public 
hearing, contact Ms. Pamela Garrett at (919) 541-7966 to verify that a 
hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0030, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. Please include a total of two copies. 
EPA requests a separate copy also be sent to the contact person 
identified below (see FOR FURTHER INFORMATION CONTACT). In addition, 
please mail a copy of your comments on the information collection 
provisions to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, Attn: Desk Officer for EPA, 735 17th St., 
NW., Washington, DC 20503.
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW., Washington, 
DC. Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0030. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Public Hearing: If a public hearing is held, it will be held at 
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle 
Park, NC or an alternate site nearby.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. We also rely on documents in Docket ID Nos. 
A-96-55 and A-2000-01, and incorporate those dockets into the record 
for this proposed rule. Although listed in the index, some information 
is not publicly available, e.g., CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air and Radiation Docket, 
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pag[aacute]n, Energy 
Strategies Group, Sector Policies and Programs Division (D243-01), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number (919) 541-5340; facsimile number (919) 541-
5450; email address ``[email protected].''

SUPPLEMENTARY INFORMATION: 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. What should I consider as I prepare my comments for EPA?
II. Background
III. Summary of This Proposed Rule
    A. What is the source category regulated by this proposed rule?
    B. What are the pollutants regulated by this proposed rule?
    C. What are the proposed standards?
    D. What are the requirements for sources that are modified or 
reconstructed?
    E. What are the requirements for demonstrating compliance?
    F. What are the reporting and recordkeeping requirements?
IV. Rationale for Proposed Rule
    A. Which control technologies apply to stationary engines?
    B. How did EPA determine the basis and level of the proposed 
standards?
    C. How did EPA determine the compliance requirements?
    D. How did EPA determine the reporting and recordkeeping 
requirements?
    E. Why did EPA determine to exempt area sources from title V 
permit requirements?
V. Summary of Environmental, Energy and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental and energy 
impacts?
VI. Solicitation of Comments and Public Participation
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995

[[Page 33805]]

    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act

I. General Information

A. Does this action apply to me?

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

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                  Category                    NAICS \1\               Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Any manufacturer that produces or any              2211  Electric power generation, transmission, or
 industry using a stationary internal            622110   distribution.
 combustion engine as defined in this            335312  Medical and surgical hospitals.
 proposed rule.                                  333912  Motor and generator manufacturing.
                                                 333992  Pump and compressor manufacturing.
                                                  48621  Welding and soldering equipment manufacturing.
                                                 211111  Natural gas transmission.
                                                 211112  Crude petroleum and natural gas production.
                                                  92811  Natural gas liquids producers.
                                                         National security.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your engine is regulated by this action, 
you should examine the applicability criteria of this proposed rule. If 
you have any questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the diskor CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI to only the following address: Mr. Jaime 
Pag[aacute]n, c/o OAQPS Document Control Officer (Room C404-02), U.S. 
EPA, Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-
OAR-2005-0030.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    (a) Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    (b) Follow directions. EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    (c) Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    (d) Describe any assumptions and provide any technical information 
and/or data that you used.
    (e) If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    (f) Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    (g) Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    (h) Make sure to submit your comments by the comment period 
deadline identified.
    Docket. The docket number for this proposed rule is Docket ID No. 
EPA-HQ-OAR-2005-0030.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will be posted on the WWW 
through the Technology Transfer Network Web site (TTN Web). Following 
signature, EPA will post a copy of this proposed rule on the TTN's 
policy and guidance page for newly proposed or promulgated rules at 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.

II. Background

    This action proposes new source performance standards (NSPS) that 
would apply to new stationary spark ignition (SI) internal combustion 
engines (ICE). New source performance standards implement section 
111(b) of the Clean Air Act (CAA), and are issued for categories of 
sources which cause, or contribute significantly to, air pollution 
which may reasonably be anticipated to endanger public health or 
welfare. The standards apply to new stationary sources of emissions, 
i.e., sources whose construction, reconstruction, or modification 
begins after a standard for those sources is proposed. The NSPS for 
stationary SI ICE would be promulgated under 40 CFR part 60, subpart 
JJJJ.
    This action also proposes national emission standards for hazardous 
air pollutants (NESHAP) from existing, new, and reconstructed 
stationary reciprocating internal combustion engines (RICE) with a site 
rating of less than or equal to 500 horsepower (HP) located at major 
sources, and existing, new, and reconstructed stationary RICE located 
at area sources. We are proposing these requirements to meet our 
statutory obligation to address hazardous air pollutants (HAP) 
emissions from these sources under sections 112(d) and 112(k) of the 
CAA. The final NESHAP for stationary RICE would be promulgated under 40 
CFR part 63, subpart ZZZZ, which already contains standards applicable 
to stationary RICE with a site rating above 500 HP located at major 
sources.
    We are proposing these two sets of regulations under one notice of 
proposed rulemaking because the source categories being addressed are 
practically identical. In other words, stationary engines located at 
major and area sources of HAP will also be affected by NSPS 
regulations. Based on the similarities, we decided that it would be 
appropriate to propose the regulations at the same time and attempt to 
bring some consistency between them.

[[Page 33806]]

III. Summary of this Proposed Rule

A. What is the source category regulated by this proposed rule?

    The proposed NSPS apply to new stationary SI ICE. A stationary 
internal combustion engine means any internal combustion engine, except 
combustion turbines, that converts heat energy into mechanical work and 
is not mobile. Stationary ICE differ from mobile ICE in that a 
stationary internal combustion engine is not a nonroad engine as 
defined at 40 CFR 1068.30, and is not used to propel a motor vehicle or 
a vehicle used solely for competition. Stationary ICE include 
reciprocating ICE, rotary ICE, and other ICE, except combustion 
turbines. The proposed NESHAP applies only to stationary RICE. To our 
knowledge, no rotary or other types of stationary ICE exist at this 
time.
    The SI NSPS address emissions from new, modified and reconstructed 
stationary SI engines. An SI engine is either a gasoline-fueled engine; 
or any other type of engine, with a spark plug (or other sparking 
device) and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark ignition engines usually use a 
throttle to regulate intake air flow to control power during normal 
operation. Dual-fuel engines in which a liquid fuel (typically diesel 
fuel) is used for compression ignition and gaseous fuel (typically 
natural gas) is used as the primary fuel at an annual average ratio of 
less than 2 parts diesel fuel to 100 parts total fuel on an energy 
equivalent basis are considered SI engines for purposes of this 
proposed rule.
    The NESHAP address emissions from existing, new, and reconstructed 
stationary engines less than or equal to 500 HP located at major 
sources and all stationary engines located at area sources. A major 
source of HAP emissions is a plant site that emits or has the potential 
to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more 
per year or any combination of HAP at a rate of 25 tons (22.68 
megagrams) or more per year, except that for oil and gas production 
facilities, a major source of HAP emissions is determined for each 
surface site. An area source of HAP emissions is a source that is not a 
major source.
    If you are an owner or operator of an area source subject to this 
proposed rule, you are exempt from the obligation to obtain a permit 
under 40 CFR parts 70 or 71, provided you are not required to obtain a 
permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason other than 
your status as an area source under this proposed rule.
1. SI NSPS
    New source performance standards for stationary SI engines are 
issued under section 111(b) of the CAA. All new, modified and 
reconstructed stationary SI engines are covered regardless of size. The 
NSPS apply to stationary SI engines combusting any fuel (natural gas, 
gasoline, liquefied petroleum gas (LPG), compressed natural gas, 
landfill gas, digester gas, and any other applicable fuel). New source 
performance standards require these sources to control emissions to the 
level achievable by best demonstrated technology (BDT), considering 
costs and any non-air quality health and environmental impacts and 
energy requirements.
    Under section 111 of the CAA, 42 U.S.C. 7411, the Administrator is 
required to publish, and periodically update, a list of source 
categories that in his or her judgment cause, or contribute 
significantly to, air pollution which may reasonably be anticipated to 
endanger public health or welfare. This list appears in 40 CFR 60.16. 
The list reflects the Administrator's determination that emissions from 
the listed source categories contribute significantly to air pollution 
that may reasonably be anticipated to endanger public health or 
welfare, and it is intended to identify major source categories for 
which standards of performance are to be promulgated.
    EPA has determined that for purposes of NSPS regulations, the 
stationary internal combustion engine source category should be split 
into two source categories--SI engines and compression ignition (CI) 
engines. Proposed NSPS for stationary CI engines were published on July 
11, 2005 (70 FR 39870).
2. NESHAP
    The NESHAP portion of this action is a revision to the regulations 
in 40 CFR part 63, subpart ZZZZ, currently applicable to stationary 
RICE greater than 500 HP located at major sources, which were 
promulgated in 2004. Subpart ZZZZ of 40 CFR part 63 does not currently 
cover stationary engines located at area sources of HAP emissions, nor 
does it apply to stationary engines located at major sources with a 
site rating of 500 HP or less. When the subpart ZZZZ of 40 CFR part 63 
regulations were promulgated in 2004 (69 FR 33474), EPA deferred 
promulgating regulations with respect to stationary engines 500 HP or 
less at major sources until further information on the engines could be 
obtained and analyzed. It was decided to regulate these smaller engines 
at the same time as we regulate engines located at area sources.
    This action proposes to revise 40 CFR part 63, subpart ZZZZ, in 
order to address HAP emissions from stationary RICE less than or equal 
to 500 HP located at major sources and stationary RICE located at area 
sources. For stationary engines less than or equal to 500 HP at major 
sources, EPA must determine what is the appropriate maximum achievable 
control technology (MACT) for those engines under section 112(d)(3) of 
the CAA.
    For stationary engines located at area sources, we have the 
flexibility to promulgate standards based on generally available 
control technology (GACT) under CAA section 112(d)(5). We are required 
to address HAP emissions from stationary RICE located at area sources 
under section 112(k) of the CAA, based on criteria set forth by EPA in 
the Urban Air Toxics Strategy described in the paragraph below.
    On July 19, 1999, EPA announced in the Federal Register its plan 
for addressing exposure to air toxics in urban areas. The Urban Air 
Toxics Strategy (64 FR 38706) listed several source categories that 
emit one or more of the air toxic pollutants of greatest concern in 
urban areas. The stationary engine source category was one of the 
source categories listed and, as such, EPA is required to consider it 
for regulation. The strategy addressed sections 112(c)(3) and 
112(k)(3)(B)(ii) of the CAA that instruct us to identify not less than 
30 HAP which, as the result of emissions from area sources, present the 
greatest threat to public health in the largest number of urban areas, 
and to list sufficient area source categories or subcategories to 
ensure that emissions representing 90 percent of the 30 listed HAP are 
subject to regulation. The strategy included a list of 33 HAP judged to 
pose the greatest potential threat to public health in the largest 
number of urban areas (the urban HAP) and a list of area source 
categories emitting the listed HAP (area source HAP). Once listed, 
these area source categories shall be subject to standards under 
section 112(d) of the CAA.
    We have divided the source category into the following 
subcategories: Stationary RICE less than 50 HP, landfill and digester 
gas stationary RICE, CI stationary RICE greater than or equal to 50 HP, 
and SI stationary RICE greater than or equal to 50 HP. The CI 
stationary RICE greater than or equal to 50 HP subcategory was further 
subcategorized into emergency and non-emergency engines, as was the

[[Page 33807]]

subcategory of SI stationary RICE greater than or equal to 50 HP. Spark 
ignition non-emergency stationary RICE greater than or equal to 50 HP 
were then subcategorized into 2 stroke lean burn (2SLB), 4 stroke lean 
burn (4SLB), and 4 stroke rich burn (4SRB) stationary RICE.
    The regulatory approach being proposed in this action 
differentiates between gasoline, LPG, natural gas, and digester and 
landfill gas. Gasoline and LPG are fuels more commonly used in nonroad 
engines than stationary engines. Nonroad SI engines less than or equal 
to 19 kilowatt (KW) (25 HP) typically use gasoline. It is estimated 
that about 68 percent of SI nonroad engines above 19 KW (25 HP) use 
LPG. A smaller percentage of nonroad SI engines above 19 KW (25 HP) use 
gasoline (about 23 percent) and even less use compressed natural gas 
(about 9 percent). Natural gas fuel is more common in larger, 
stationary applications. Natural gas engines refer to all gaseous-
fueled engines except those fueled by landfill and digester gas. 
Natural gas is primarily composed of methane and typically contains 
very low levels of sulfur. Other fuels used with stationary SI engines 
are landfill and digester gases. These gases are by-products of 
wastewater treatment and land application of municipal reuse. Landfill 
and digester gases, which are formed through anaerobic decomposition of 
organic materials, are principally comprised of methane and carbon 
dioxide, but small quantities of other compounds such as hydrogen 
sulfide, ammonia, volatile organic compounds, and particulate matter 
(PM) may also be present. These gases have a lower methane content than 
natural gas and may range from 50 to 65 percent. Although similar in 
composition to natural gas, there are some differences in the emissions 
from combustion of landfill and digester gases due to e.g., chlorinated 
compounds typically not found in natural gas. Both landfill and 
digester gases contain a family of silicon-based gases collectively 
called siloxanes. Combustion of siloxanes forms compounds that have 
been known to foul fuel systems, combustion chambers, and post-
combustion catalysts.

B. What are the pollutants regulated by this proposed rule?

    New source performance standards are developed under the authority 
of section 111 of the CAA. Emissions of criteria pollutants (those 
pollutants identified under section 110 of the CAA) are generally 
regulated under section 111 of the CAA, while HAP are regulated under 
section 112 of the CAA. Emissions from stationary engines contribute 
significantly to air pollution and cause adverse health and welfare 
effects. The pollutants to be regulated by the proposed NSPS for 
stationary SI engines are nitrogen oxides (NOX), carbon 
monoxide (CO), and non-methane hydrocarbons (NMHC). In addition, a 
sulfur limit on gasoline is being proposed.
    Nitrogen oxides are listed as criteria pollutants and are regulated 
due to their contribution to the formation of ozone. Nitrogen oxides 
are precursors to ozone formation. Exposure to ozone has been linked to 
health and welfare impacts. Health and welfare risks include impaired 
respiratory function, eye irritation, deterioration of materials such 
as rubber, and necrosis of plant tissue. Nitrogen oxides are also a 
major precursor for nitrate PM. Particulate matter, also regulated as a 
criteria pollutant, is associated with premature mortality and a number 
of serious adverse respiratory and cardiovascular effects, especially 
in children, the elderly, and people with existing heart or lung 
disease. Particulate matter also reduces visibility and damages 
building materials. Nitrogen oxides are also associated with various 
other health and welfare effects. Nitrogen dioxide can cause irritation 
of the lungs and can also reduce the resistance to respiratory 
infection. Nitrogen oxides are one of the major pollutants emitted from 
stationary ICE and stationary ICE are considered to cause or contribute 
significantly to nationwide releases of NOX emissions.
    Carbon monoxide is a criteria pollutant and is considered harmful 
to public health and the environment. Carbon monoxide has been linked 
to increased risk for people with heart disease, reduced visual 
perception, cognitive functions and aerobic capacity, and possible 
fetal effects. Stationary engines emit CO and are considered to 
contribute to several areas failing to attain the National Ambient Air 
Quality Standards for CO.
    Emissions of NMHC from stationary engines contribute to the 
formation of ozone. In addition, emissions of NMHC include air toxics 
such as benzene, formaldehyde, acetaldehyde, 1,3-butadiene, and 
acrolein. These substances are known or suspected to be human or animal 
carcinogens, or having noncancer health effects such as irritation or 
corrosion of the eyes, nose, throat, and lungs; pulmonary and 
respiratory problems; and dermatitis and sensitization of the skin and 
respiratory tract. Stationary engines contribute to nationwide releases 
of NMHC emissions.
    Sulfur dioxide (SO2) is a criteria pollutant emitted 
from stationary SI engines due to sulfur in gasoline. It contributes to 
respiratory illness, particularly in children and the elderly, and 
aggravates existing heart and lung diseases. It also contributes to 
acid deposition, damaging forests, aquatic ecosystems, crops, and 
building materials. Sulfur dioxide undergoes chemical reactions in the 
atmosphere to form sulfate PM. The health effects of PM were previously 
described in this section. This proposed rule reduces SO2 
and sulfate PM by requiring the use of gasoline with lower sulfur 
levels, thus improving air quality, public health, and public welfare.
    The NESHAP being proposed in this action would regulate emissions 
of HAP. Available emissions data show that several HAP are emitted from 
stationary engines, which are formed during the combustion process or 
that are contained within the fuel burned. Many HAP have been detected 
from the stationary engine exhaust, but only a handful of HAP represent 
the majority of HAP emissions from stationary engines. These HAP are 
formaldehyde, acrolein, methanol, and acetaldehyde. We described the 
health effects of these HAP and other HAP emitted from the operation of 
stationary ICE in the preamble to 40 CFR part 63, subpart ZZZZ, 
published on June 15, 2004, on page 33474 of the Federal Register. 
These HAP emissions are known to cause, or contribute significantly to 
air pollution, which may reasonably be anticipated to endanger public 
health or welfare.
    Under the RICE NESHAP, we are proposing to limit emissions of HAP 
through emissions standards for NMHC and formaldehyde. We have 
determined that it is appropriate to use NMHC and formaldehyde or CO 
emissions as a surrogate for HAP emissions. For the RICE MHAP 
promulgated in 2004 (69 FR 33474) for engines greater than 500 HP 
located at major sources, EPA chose to select a single pollutant to 
serve as a surrogate for HAP emissions. Formaldehyde is the hazardous 
air pollutant present in the highest concentration from stationary 
engines. In addition, emissions data show that formaldehyde emission 
levels are related to other HAP emission levels. For the NESHAP 
promulgated in 2004, EPA also found that there is a strong relationship 
between CO emissions reductions and HAP emissions reductions from 2SLB, 
4SLB, and CI stationary engines. Therefore, CO emissions reductions 
were chosen as a surrogate for HAP emissions reductions for 2SLB, 4SLB, 
and CI stationary

[[Page 33808]]

engines operating with oxidation catalyst systems for that rule. For 
the standards being proposed in this action, EPA believes that 
previously made decisions regarding the appropriateness of using 
formaldehyde and CO as surrogates for HAP are still valid. For this 
proposal, EPA conducted an analysis using available emissions data to 
look at the relationship between formaldehyde (a surrogate for HAP) and 
NMHC. Based on statistical results of engine exhaust data, these data 
indicate that there is a significant relationship between formaldehyde 
and NMHC emissions from 2SLB, 4SLB, and CI stationary RICE. For this 
reason, EPA believes it is appropriate to use NMHC emissions as a 
surrogate for formaldehyde, and consequently, also as a surrogate for 
HAP emissions. Much of the HAP being regulated are hydrocarbons; e.g., 
formaldehyde, an oxygenated hydrocarbon, is the HAP emitted in largest 
quantities from stationary engines. For more information on EPA's 
analysis of NMHC as a surrogate for HAP, refer to the docket for this 
proposal.

C. What are the proposed standards?

    A description of the proposed standards is provided in the 
following sections.
1. SI NSPS
    a. Stationary SI Engines <=19 KW (25 HP). EPA is proposing emission 
standards that will affect manufacturers, owners, and operators of 
stationary SI engines. Engine manufacturers must certify their 
stationary SI engines with a maximum engine power less than or equal to 
19 KW (25 HP) that are manufactured after January 1, 2008, to the 
certification emission standards for new nonroad SI engines in 40 CFR 
part 90, as applicable. The standards applicable to these engines are 
shown in Table 1 of this preamble.

  Table 1.--NOX, HC, NMHC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Stationary SI Engines <=19 KW (25
                                                       HP)
----------------------------------------------------------------------------------------------------------------
                                       Emission requirement in g/KW-hr (g/HP-hr)
           Engine classc           ------------------------------------------------      Manufacture date\b\
                                        HC+NOX         NMHC+NOXa          CO
----------------------------------------------------------------------------------------------------------------
I.................................            16.1            14.8
                                            (12.0)          (11.0)
I-A...............................              50  ..............             610  January 1, 2008.
                                              (37)  ..............           (455)
I-B...............................              40              37
                                              (30)          (27.6)
II................................            12.1            11.3
                                             (9.0)           (8.4)
----------------------------------------------------------------------------------------------------------------
aNMHC+NOX standards are applicable only to natural gas fueled engines at the option of the manufacturer, in lieu
  of HC+NOX standards.
bModified and reconstructed engines manufactured prior to January 1, 2008, must meet the standards applicable to
  engines manufactured after January 1, 2008.
cClass I-A: Engines with displacement <66 cubic centimeter (cc); Class I-B: Engines with displacement greater
  than or equal to 66 cc and less than 100 cc; Class I: Engines with displacement greater than or equal to 100
  cc and less than 225 cc; Class II: Engines with displacement greater than or equal to 225 cc.

    b. Stationary SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG 
Engines >19 KW (25 HP). Engine manufacturers must certify their 
stationary SI engines with a maximum engine power greater than 19 KW 
(25 HP) and less than 500 HP that use gasoline or rich burn engines 
greater than 19 KW (25 HP) and less than 500 HP that use LPG that are 
manufactured after January 1, 2008, to the certification emission 
standards for new nonroad SI engines in 40 CFR part 1048, as 
applicable. Engine manufacturers must certify their stationary SI 
engines with a maximum engine power greater than or equal to 500 HP 
that use gasoline or rich burn engines greater than or equal to 500 HP 
that use LPG that are manufactured after July 1, 2007, to the 
certification emission standards for new nonroad SI engines in 40 CFR 
part 1048. The standards applicable to engines greater than 19 KW (25 
HP) that are gasoline or rich burn engines that use LPG are shown in 
Table 2 of this preamble.

 Table 2.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Stationary SI Gasoline Engines >19 KW (25
                                  HP) and Rich Burn LPG Engines >19 KW (25 HP)
----------------------------------------------------------------------------------------------------------------
                                                                                 Emission requirement in g/KW-hr
                                                                                         (g/HP-hr) a, b
             Maximum engine power                      Manufacture date        ---------------------------------
                                                                                     HC+NOX             CO
----------------------------------------------------------------------------------------------------------------
25=500 d....................................  July 1, 2007...................             2.7              4.4
                                                                                          (2.0)            (3.3)
                                               July 1, 2007...................             2.7            130.0
                                               (severe duty)..................            (2.0)           (97.0) 
----------------------------------------------------------------------------------------------------------------
a You may optionally certify your engines according to the following formula instead of the standards in Table 2
  of this preamble: (HC+NOX)xCO0.784<=8.57. The HC+NOX and CO emission levels you select to satisfy this
  formula, rounded to the nearest 0.1 g/kW-hr, become the emission standards that apply for those engines. You
  may not select an HC+NOX emission standard higher than 2.7 g/kW-hr or a CO emission standard higher than 20.6
  g/kW-hr.
b Provisions in 40 CFR part 1048 allow engines with a maximum engine power at or below 30 KW (40 HP) with a
  total displacement at or below 1,000 cubic centimeters (cc) to comply with the requirements of 40 CFR part 90.

[[Page 33809]]

 
c Modified and reconstructed engines between 25 and 500 HP manufactured prior to January 1, 2008, must meet the
  standards applicable to engines manufactured after January 1, 2008.
d Modified and reconstructed engines greater than or equal to 500 HP manufactured prior to July 1, 2007, must
  meet the standards applicable to engines manufactured after July 1, 2007.

    In addition to the emission standards shown in Table 2 of this 
preamble, there are separate field testing standards required under 40 
CFR part 1048 that are part of the certification requirements for 
engine manufacturers.
    c. Stationary Non-Emergency SI Natural Gas Engines 19X to 2.0 grams 
per HP-hour (g/HP-hr), emissions of CO to 4.0 g/HP-hr, and emissions of 
NMHC to 1.0 g/HP-hr. More stringent emission standards take effect 3 
years later, i.e., for stationary natural gas engines 19 to 37 KW (25 
to 50 HP) and lean burn engines using LPG between 19 and 37 KW (25 and 
50 HP) manufactured after January 1, 2011. These engines must comply 
with a NOX standard of 1.0 g/HP-hr, a CO standard of 2.0 g/
HP-hr, and a NMHC standard of 0.7 g/HP-hr. Engine manufacturers have 
the option to certify their stationary SI engines to these emission 
standards. However, the certification is only voluntary, and it is up 
to the manufacturer to decide if it believes certification is feasible 
and beneficial. Also, engine manufacturers have the option to certify 
stationary SI engines between 19 and 37 KW (25 and 50 HP) that are 
natural gas engines or lean burn engines using LPG to the emission 
standards in 40 CFR part 1048, as shown in Table 2 of this preamble. 
Additionally, engine manufacturers may certify engines between 19 and 
30 KW (25 and 40 HP) with a displacement of 1,000 cc or less to the 
provisions of 40 CFR part 90 (shown in Table 1 of this preamble), which 
is consistent with similar provisions applicable to nonroad engines in 
this displacement and size category. A summary of the proposed 
standards for stationary non-emergency SI natural gas engines between 
19 and 37 KW (25 and 50 HP) and stationary non-emergency lean burn LPG 
engines between 19 and 37 KW (25 and 50 HP) is provided in Table 3 of 
this preamble.
    d. Stationary Non-Emergency SI Natural Gas Engines 50<=HP<500 and 
Lean Burn LPG Engines 50<=HP<500. EPA is proposing emission standards 
in two stages for these engines. Owners and operators who purchase 
stationary SI engines with a maximum engine power between 50 and 500 HP 
that are natural gas engines or lean burn engines using LPG that are 
manufactured after January 1, 2008, must limit their exhaust emissions 
of NOX to 2.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and 
emissions of NMHC to 1.0 g/HP-hr. Again, engine manufacturers may 
voluntarily certify these stationary SI engines to these emission 
standards, but the certification is not required by this proposed rule. 
Stationary SI engines with a maximum engine power between 50 and 500 HP 
that are natural gas engines or lean burn engines using LPG that are 
manufactured after January 1, 2011, must limit their exhaust emissions 
of NOX to 1.0 g/HP-hr, emissions of CO to 2.0 g/HP-hr, and 
emissions of NMHC to 0.7 g/HP-hr. A summary of the emission standards 
EPA is proposing for these engines is shown in Table 3 of this 
preamble.

                            Table 3.--NOX, NMHC, and CO Emission Standards in g/HP-hr for Stationary SI Engines >19KW (25 HP)
                                                       [Except Gasoline and Rich Burn LPG Engines]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Emission standards in g/HP-hr
          Engine type and fuel               Maximum  engine power             Manufacture date a        -----------------------------------------------
                                                                                                                NOX             CO             NMHC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas             25=500.....................  January 1, 2008..................             3.0             5.0             1.0
                                                                       January 1, 2011..................             2.0             5.0             1.0
                                         HP>=500.....................  July 1, 2007.....................             3.0             5.0             1.0
                                                                       July 1, 2010.....................             2.0             5.0             1.0
Emergency..............................  All Sizes...................  January 1, 2009..................             2.0             4.0             1.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Stationary SI natural gas and lean burn LPG engines between 19 and 37 KW (25 and 50 HP) may comply with the requirements of Table 2 of this
  preamble, instead of this table, as applicable.

    e. Stationary Non-Emergency SI Natural Gas Engines >=500 HP and 
Non-Emergency Lean Burn LPG Engines >=500 HP. EPA is proposing emission 
standards in two stages for stationary non-emergency SI natural gas 
engines greater than or equal to 500 HP and non-emergency lean burn LPG 
engines greater than or equal to 500 HP. Owners and operators who 
purchase stationary SI engines with a maximum engine power greater than 
or equal to 500 HP that are natural gas engines or lean burn engines 
using LPG that are manufactured after July 1, 2007, must limit their 
exhaust emissions of NOX to 2.0 g/HP-hr, emissions of CO to 
4.0 g/HP-hr, and emissions of NMHC to 1.0 g/HP-hr. Engine manufacturers 
may voluntarily certify these stationary SI engines to these emission 
standards, but the certification is not required by the rule, as 
proposed. Stationary SI engines with a maximum engine power greater 
than or equal to 500 HP that are natural gas engines or lean burn 
engines using LPG that are manufactured after July 1, 2010, must limit 
their exhaust emissions of NOX to 1.0 g/HP-hr, emissions of 
CO to 2.0 g/HP-hr, and emissions of NMHC to 0.7 g/HP-hr. Again, 
manufacturers may voluntarily certify their engines to these emission 
standards. A summary of the emission standards EPA is proposing for 
these engines is shown in Table 3 of this preamble.

[[Page 33810]]

    f. Stationary SI Landfill/Digester Gas Engines. Similar to other 
stationary SI engines, EPA is proposing emission standards in two 
stages for landfill and digester gas fired engines. Owners and 
operators who purchase stationary landfill or digester SI engines that 
are manufactured after July 1, 2007, that are greater than or equal to 
500 HP must limit their exhaust emissions of NOX to 3.0 g/
HP-hr, emissions of CO to 5.0 g/HP-hr, and emissions of NMHC to 1.0 g/
HP-hr. Stationary landfill and digester gas SI engines greater than or 
equal to 500 HP that are manufactured after July 1, 2010, must limit 
their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of 
CO to 5.0 g/HP-hr, and emissions of NMHC to 1.0 g/HP-hr. Again, engine 
manufacturers may voluntarily certify these stationary SI engines to 
these emission standards, but the certification is not required by the 
rule, as proposed. Stationary SI engines that use landfill or digester 
gas that are less than 500 HP are given an extra 6 months to comply 
with the standards. The first stage of limits of 3.0, 5.0, and 1.0 g/
HP-hr, for NOX, CO, and NMHC, respectively, applies to 
landfill and digester gas engines manufactured after January 1, 2008. 
The second stage of limits of 2.0, 5.0, and 1.0 g/HP-hr, for 
NOX, CO, and NMHC, respectively, applies to landfill and 
digester gas engines manufactured after January 1, 2011. A summary of 
the emission standards EPA is proposing for these engines is shown in 
Table 3 of this preamble.
    g. Stationary Emergency SI Engines. For stationary SI engines that 
are emergency engines, EPA is proposing a single stage of emission 
limits. Owners and operators who purchase stationary emergency engines 
that are manufactured after January 1, 2009, must limit their exhaust 
emissions of NOX to 2.0 g/HP-hr, emissions of CO to 4.0 g/
HP-hr, and emissions of NMHC to 1.0 g/HP-hr.
    h. Fuel Requirements. In addition to emission standards, EPA is 
proposing that owners and operators who use gasoline in their 
stationary SI engine must use gasoline that meets the requirements of 
40 CFR 80.195. The requirements include a gasoline sulfur per gallon 
cap of 80 parts per million (ppm).
2. NESHAP
    a. Engines <=500 HP at Major Sources. We are proposing that owners 
and operators of new and reconstructed stationary SI engines with a 
site rating of equal to or less than 500 HP located at a major source 
of HAP emissions must generally meet the same NMHC emission standards 
for new SI engines as proposed for the NSPS in 40 CFR part 60, subpart 
JJJJ.
    One major difference between the SI NSPS and NESHAP requirements is 
that owners and operators of new or reconstructed 4SLB SI stationary 
engines between 250 and 500 HP located at a major source are required 
to either reduce CO emissions by 93 percent or more, or limit the 
concentration of formaldehyde in the stationary engine exhaust to 14 
ppm by volume, dry basis (ppmvd) or less, at 15 percent oxygen 
(O2). These engines would not be required to meet the NMHC 
standard. The formaldehyde standard is more stringent than the NMHC 
stage 1 and stage 2 emission standards of 1.0 and 0.7 g/HP-hr, 
respectively.
    Under the NESHAP, owners and operators of new and reconstructed 
landfill and digester gas fired engines and new and reconstructed SI 
emergency engines are subject to the NMHC emission standards that are 
being proposed under the SI NSPS. New and reconstructed landfill and 
digester gas engines must, under the NESHAP, meet NMHC emission 
standards consistent with the SI NSPS, i.e., a NMHC standard of 1.0 g/
HP-hr. Owners and operators of stationary landfill and digester gas 
engines must meet the NMHC standard if they are manufactured after 
January 1, 2008.
    For new and reconstructed stationary SI engines with a site rating 
of equal to or less than 500 HP located at a major source of HAP 
emissions that are emergency engines, owners and operators who purchase 
such engines that are manufactured after January 1, 2009, must limit 
their exhaust emissions of NMHC to 1.0 g/HP-hr.
    Finally, owners and operators of new and reconstructed stationary 
CI engines with a site rating of equal to or less than 500 HP located 
at a major source of HAP emissions that purchase 2007 model year and 
later stationary CI engines must meet the NMHC and PM emission 
standards for new CI engines specified in 40 CFR part 60, subpart IIII. 
Those standards are generally based on the certification emission 
standards for new nonroad CI engines. A summary of the standards being 
proposed for stationary engines less than or equal to 500 HP located at 
major sources is presented in Table 4 of this preamble.
    Owners and operators of existing stationary engines with a site 
rating of equal to or less than 500 HP located at a major source of HAP 
emissions have an emissions standard of no emission reduction and are 
not subject to any specific requirements under subpart ZZZZ or subpart 
A of 40 CFR part 63. A stationary RICE is existing if it commences 
construction or reconstruction before June 12, 2006.

     Table 4.--Emission Standards for Stationary RICE <=500 HP Located at Major Sources of HAP Emissions and
                            Stationary RICE Located at Area Sources of HAP Emissions
----------------------------------------------------------------------------------------------------------------
       Engine type and fuel            Maximum engine power          Manufacture date a       Emission standards
----------------------------------------------------------------------------------------------------------------
Existing All Fuels and All Types.  All Sizes..................               No Emission Reduction.
New/Reconstructed SI.............  <=25 HP....................  January 1, 2008............  Meet 40 CFR part 60
                                                                                              subpart JJJJ.
New/Reconstructed SI Gasoline and  25>HP<500..................  January 1, 2008............  Meet 40 CFR part 60
 Rich Burn LPG.                    HP>=500....................  July 1, 2007...............   subpart JJJJ.
New/Reconstructed Non-Emergency    25=500....................  July 1, 2007...............  1.0 g/HP-hr NMHC
 SI Natural Gas.
HP<=500..........................  July 1, 2007...............  1.0 g/HP-hr NMHC...........

[[Page 33811]]

 
               and
 
New/Reconstructed Non-Emergency    ...........................  July 1, 2010...............  0.7 g/HP-hr NMHC.
 SI Lean Burn LPG.
New/Reconstructed Non-Emergency    250=500....................  July 1, 2007...............  1.0 g/HP-hr NMHC.
Emergency SI.....................  All Sizes..................  January 1, 2009............  1.0 g/HP-hr NMHC.
----------------------------------------------------------------------------------------------------------------
a Stationary SI natural gas and lean burn LPG engines between 19 and 37 KW (25 and 50 HP) may comply with the
  requirements of Table 2 of this preamble, instead of this table, as applicable.
b New and reconstructed non-emergency 4SLB engines at major sources with a site rating between 250 and 500 HP
  are not required to meet the 1.0 and 0.7 g/HP-hr NMHC emission standards.

    b. Engines at Area Sources. We are proposing that owners and 
operators of new and reconstructed stationary engines located at area 
sources of HAP emissions generally meet the same requirements that 
apply to new and reconstructed stationary engines with a site rating of 
equal to or less than 500 HP located at a major source of HAP 
emissions. New and reconstructed stationary engines located at area 
sources with a site rating greater than 500 HP are required to meet the 
same NMHC standard as proposed in the SI NSPS for the engine's HP 
classification, or the same NMHC and PM standards as proposed in the CI 
NSPS for the engine's HP classification.
    There is only one difference between the requirements for new and 
reconstructed stationary engines located at area sources and new and 
reconstructed stationary engines with a site rating of equal to or less 
than 500 HP located at major sources. Owners and operators of new or 
reconstructed 4SLB SI stationary engines between 250 and 500 HP located 
at area sources are not required to reduce CO emissions by 93 percent 
or more, or limit the concentration of formaldehyde in the stationary 
engine exhaust to 14 ppmvd or less at 15 percent O2. New and 
reconstructed stationary SI engines located at area sources must, 
however, meet the NMHC emission standards shown in Table 4 of this 
preamble.
    Owners and operators of existing stationary engines located at an 
area source of HAP emissions have an emission standard of no emission 
reduction and are not subject to any specific requirements under 
subpart ZZZZ or of subpart A of 40 CFR part 63.

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

1. SI NSPS
    The proposed standards apply to stationary SI engines subject to 
the SI NSPS that are modified or reconstructed after June 12, 2006. The 
guidelines for determining whether a source is modified or 
reconstructed are given in 40 CFR 60.14 and 40 CFR 60.15, respectively.
    Stationary SI ICE less than or equal to 19 KW (25 HP) manufactured 
prior to January 1, 2008 that are modified or reconstructed after June 
12, 2006 are required to meet the standards that apply to engines 
manufactured after January 1, 2008.
    Stationary SI gasoline and rich burn LPG engines between 25 HP and 
500 HP manufactured prior to January 1, 2008 that are modified or 
reconstructed after June 12, 2006 are required to meet the standards 
applicable to engines manufactured after January 1, 2008.
    Stationary SI gasoline and rich burn LPG engines greater than or 
equal to 500 HP manufactured prior to July 1, 2007 that are modified or 
reconstructed after June 12, 2006 are required to meet the standards 
applicable to engines manufactured after July 1, 2007.
    Stationary SI natural gas and lean burn LPG engines less than 500 
HP manufactured prior to January 1, 2008 that are modified or 
reconstructed after June 12, 2006 are required to meet a NOX 
emission standard of 3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a 
NMHC standard of 1.0 g/HP-hr.
    Stationary SI natural gas and lean burn LPG engines greater than or 
equal to 500 HP manufactured prior to July 1, 2007 that are modified 
after June 12, 2006, are required to meet a NOX emission 
standard of 3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a NMHC 
standard of 1.0 g/HP-hr.
    Stationary SI landfill and digester gas engines less than 500 HP 
manufactured prior to January 1, 2008 that are modified or 
reconstructed after June 12, 2006 are required to meet a NOX 
emission standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a 
NMHC standard of 1.0 g/HP-hr. Stationary SI landfill and digester gas 
engines greater than or equal to 500 HP manufactured prior to July 1, 
2007 that are modified after June 12, 2006 are required to meet a 
NOX emission standard of 3.0 g/HP-hr, a CO standard of 5.0 
g/HP-hr, and a NMHC standard of 1.0 g/HP-hr.
    Stationary SI emergency engines manufactured prior to January 1, 
2009 that are modified or reconstructed after June 12, 2006 are 
required to meet a NOX emission standard of 3.0 g/HP-hr, a 
CO standard of 4.0 g/HP-hr, and a NMHC standard of 1.0 g/HP-hr.
2. NESHAP
    Similar concepts as those discussed above apply to engines subject 
to 40 CFR part 63 regulations; however, the concept of modification is 
not included in 40 CFR part 63. The proposed standards apply to 
stationary engines subject to the NESHAP that commence reconstruction 
on or after June 12, 2006. The reconstruction criteria are provided in 
40 CFR 63.2.

E. What are the requirements for demonstrating compliance?

    The following sections describe the requirements for demonstrating 
compliance under the stationary SI NSPS and NESHAP.
1. SI NSPS
    Owners and operators of stationary engines subject to the 
requirements of the SI NSPS must operate and maintain

[[Page 33812]]

their stationary engine and after treatment control device (if any) 
according to the manufacturer's written instructions. Manufacturers of 
stationary SI engines required to certify their engines must 
demonstrate compliance by certifying that their stationary SI engines 
meet the emission standards, as specified in 40 CFR part 60, subpart 
JJJJ, as applicable, using the certification procedures in subpart B of 
40 CFR part 90 and subpart C of 40 CFR part 1048, as applicable, and 
must test their engines as specified in those parts. Manufacturers who 
conduct voluntary certification must follow the same test procedures 
that apply to large SI nonroad engines under 40 CFR part 1048, but must 
use the D-2 cycle in International Organization for Standardization 
(ISO) 8178-4 for stationary engines. The test cycle requirements that 
manufacturers who conduct voluntary certification should follow are 
provided in Table 3 to 40 CFR 1048.505.
    Manufacturers who opt to voluntary certify their stationary SI 
engines to the emission standards specified in this subpart must 
certify their engines using fuel that meets the definition of pipeline-
quality natural gas, which according to the proposed definition must be 
composed of at least 70 percent methane by volume or have a gross 
calorific value between 950 and 1,100 British thermal units per 
standard cubic foot.
    If the manufacturer chooses to certify its stationary SI engines to 
another fuel, the manufacturer must specify the properties of that fuel 
and what adjustments the owner or operator must make to the engine 
during installation in the field in order to meet the emission 
standards. The manufacturer must also perform certification testing on 
the engine on that fuel, as it would if it was certifying to pipeline-
quality natural gas, in order to assure compliance with the emission 
standards. Manufacturers who conduct voluntary certification of 
stationary SI ICE must also provide instructions to the owner and 
operator for configuring the stationary engine to meet the emission 
standards on fuels that meet the pipeline-quality natural gas 
specifications and fuels that do not meet the pipeline-quality natural 
gas specifications. The manufacturer must provide information to the 
owner and operator of the certified stationary SI engine regarding the 
particular fuels to which the engine is certified, and instructions 
regarding configuring the engine in a manner most appropriate for 
reducing pollutant emissions for engines operating on such fuels. 
Owners and operators may operate their certified engine on other fuels 
that the engine is not certified to, but the engine would no longer be 
considered a certified engine and the owner or operator would be 
required to test the engine to demonstrate compliance with the emission 
standards.
    EPA is proposing to allow owners and operators of natural gas 
engines to use propane as back up fuel for emergency purposes for no 
more than 100 hours per year. If propane is used for more than 100 
hours per year in an engine that is not certified to the emission 
standards when using propane, the owners and operators are required to 
conduct a performance test to demonstrate compliance with the emission 
standards.
    Owners and operators that operate engines that have been certified 
by the engine manufacturer are not required to perform any performance 
testing unless the engine is operated outside of the fuel properties 
specified by the manufacturer. If the owner or operator uses fuels that 
are outside of the fuel specifications or does not follow the 
adjustments specified by the manufacturer, the engine is no longer 
considered a certified engine and the owner or operator must test the 
engine to demonstrate compliance. If the engine is no longer considered 
a certified engine, the owner or operator must test the engine 
according to the test procedures that are specified for uncertified 
engines, as specified in this proposed rule.
    Owners and operators subject to the emission standards specified in 
this proposed rule who use stationary SI engines with a maximum engine 
power of less than or equal to 19 KW (25 HP) or who use stationary SI 
engines with a maximum engine power greater than 19 KW (25 HP) and use 
gasoline or are rich burn engines greater than 19 KW (25 HP) using LPG 
must demonstrate compliance by using an engine certified to the 
emission standards specified in 40 CFR part 90 or 1048, as applicable.
    Owners and operators subject to this proposed rule who use 
stationary SI engines with a maximum engine power greater than 19 KW 
(25 HP) that use fuels other than gasoline and that are not rich burn 
engines greater than 19 KW (25 HP) that use LPG, must demonstrate 
compliance by either using an engine certified to the emission 
standards specified in Table 3 of this preamble or by conducting an 
initial performance test to demonstrate compliance with the emission 
standards specified in Table 3 of this preamble. If the owner or 
operator purchases a certified engine, performance testing would not be 
required (unless the engine is operated differently than specified by 
the manufacturer). Owners and operators of uncertified engines that are 
greater than 500 HP must conduct subsequent performance tests every 3 
years, or 8,760 hours of operation, whichever comes first.
2. NESHAP
    Consistent with the requirements for owners and operators subject 
to the SI NSPS, owners and operators of stationary engines subject to 
the requirements of the NESHAP must also operate and maintain their 
stationary engine and exhaust aftertreatment device (if any) according 
to the manufacturer's written instructions. This requirement applies to 
stationary SI and CI engines regulated under this proposed rule.
    Owners and operators subject to the NESHAP who use stationary SI 
engines must demonstrate compliance by meeting the NMHC emission 
standards specified in 40 CFR part 60, subpart JJJJ (unless they are 
new or reconstructed non-emergency 4SLB SI stationary RICE between 250 
and 500 HP located at major sources). Under 40 CFR part 60, subpart 
JJJJ, as described in the previous section, certain stationary SI 
engines must be certified to the emission standards in 40 CFR part 90 
or 1048, as applicable.
    Owners and operators of uncertified SI engines subject to the 
emission standards proposed in the NESHAP must conduct an initial 
performance test to demonstrate compliance with the emission standards. 
Owners and operators of certified engines are not required to conduct 
any performance testing (unless the engine is operated differently than 
procedures specified by the manufacturer or procedures developed by the 
owner or operator that are approved by the engine manufacturer). Owners 
and operators of uncertified engines that are greater than 500 HP, 
subject to the emission standards proposed in this action must conduct 
subsequent performance tests every 3 years, or 8,760 hours of 
operation, whichever comes first. Owners and operators of uncertified 
engines subject to emission standards that are less than or equal to 
500 HP are not required to perform subsequent performance tests after 
the initial performance test, unless the stationary engine is rebuilt 
or undergoes major repair or maintenance.
    Owners and operators of new and reconstructed non-emergency 4SLB 
engines between 250 and 500 HP that are located at major sources of HAP 
emissions must demonstrate compliance

[[Page 33813]]

by conducting an initial performance test. These engines must also 
conduct subsequent performance test semiannually if they are complying 
with the requirement to reduce CO emissions and not using a continuous 
emissions monitoring system, and if they are complying with the 
requirement to limit the concentration of formaldehyde in the 
stationary engine exhaust.
    Owners and operators subject to the NESHAP who use stationary CI 
engines must demonstrate compliance by using an engine certified to the 
NMHC and PM emission standards specified in 40 CFR part 60, subpart 
IIII, and by operating their engine properly, as stated above. The only 
exception is for owners and operators of stationary CI engines with a 
displacement of greater than or equal to 30 liters per cylinder who 
must demonstrate compliance through performance testing.

F. What are the reporting and recordkeeping requirements?

    The following sections describe the reporting and recordkeeping 
requirements that are required under the SI NSPS and the NESHAP.
1. SI NSPS
    Owners and operators of all engines (certified and uncertified) are 
required to maintain records of proper maintenance. An initial 
notification is required for owners and operators of engines greater 
than 500 HP that are not certified. Also, owners and operators who 
conduct performance testing are required to report the test results 
within 30 days of each performance test.
    Owners and operators of emergency engines are required to keep 
records of their hours of operation. Owners and operators must install 
a non-resettable hour meter on their engines to record the necessary 
information. Emergency stationary engines may be operated for the 
purpose of maintenance checks and readiness testing, provided that the 
tests are recommended by the Federal, State or local government, the 
manufacturer, the vendor, or the insurance company associated with the 
engine. Maintenance checks and readiness testing of such units is 
limited to 100 hours per year. Owners and operators can petition the 
Administrator for additional hours, beyond the allowed 100 hours per 
year, if such additional hours should prove to be necessary for 
maintenance and testing reasons. A petition is not required if the 
hours beyond 100 hours per year for maintenance and testing purposes 
are mandated by regulation such as State or local requirements. There 
is no time limit on the use of emergency stationary engines in 
emergency situations, however, the owner or operator is required to 
record the length of operation and the reason the engine was in 
operation during that time. Records must be maintained documenting why 
the engine was operating to ensure the 100 hours per year limit for 
maintenance and testing operation is not exceeded.
2. NESHAP
    Consistent with the SI NSPS (and the already proposed CI NSPS), 
owners and operators of stationary emergency engines (SI and CI) are 
required to keep records of their hours of operation under the NESHAP. 
Owners and operators must install a non-resettable hour meter on their 
engines to record the necessary information. Emergency stationary 
engines may be operated for the purpose of maintenance checks and 
readiness testing, provided that the tests are recommended by Federal, 
State or local government, the manufacturer, the vendor, or the 
insurance company associated with the engine. Maintenance checks and 
readiness testing of such units is limited to 100 hours per year. 
Owners and operators can petition the Administrator for additional 
hours, beyond the allowed 100 hours per year, if such additional hours 
should prove to be necessary for maintenance and testing reasons. A 
petition is not required if the hours beyond 100 hours per year for 
maintenance and testing purposes are mandated by regulation such as 
State or local requirements. There is no time limit on the use of 
emergency stationary engines in emergency situations. Owners and 
operators must also maintain records documenting the reason the engine 
was in operation.
    The above proposed requirement to limit the operation of 
maintenance and testing operation to 100 hours per year is different 
than the requirement that was finalized for stationary engines greater 
than 500 HP located at major sources. Currently, stationary emergency 
engines greater than 500 HP located at major sources are required to 
limit non-emergency operation to 50 hours per year. Multiple comments 
received during the public comment period for NSPS for stationary CI 
engines argued that EPA should allow 100 hours per year for emergency 
engines to conduct necessary maintenance and testing. Based on those 
comments, EPA believes it would be appropriate to propose to allow 100 
hours per year for maintenance and testing operation for emergency 
engines. As discussed, EPA is proposing 100 hours per year for 
maintenance and testing operation under the SI NSPS and the NESHAP 
being proposed in this action for stationary engines with a site rating 
of 500 HP or less located at major sources and stationary engines 
located at area sources. EPA believes it is appropriate to propose to 
amend the requirements of stationary engines greater than 500 HP 
located at major sources to allow emergency engines to operate 100 
hours per year for maintenance and testing purposes. It is crucial to 
allow sufficient hours for maintenance and readiness testing to ensure 
that the emergency engine will respond as expected in the event of an 
emergency and EPA believes that 100 hours per year is adequate. EPA 
also believes it is appropriate to amend the emergency engine hour 
limitation in the NESHAP for stationary RICE greater than 500 HP 
located at major sources to ensure consistency between regulations 
affecting the same or similar sources. Further, as discussed, based on 
information received since the promulgation of the NESHAP for 
stationary RICE greater than 500 HP located at major sources, the 50 
hours per year allowance currently in that regulation would not be 
sufficient to address necessary maintenance, testing, and readiness 
operation for emergency engines, and EPA is, therefore, proposing to 
increase the limitation to 100 hours per year.
    Owners and operators of new and reconstructed stationary RICE which 
fire landfill or digester gas equivalent to 10 percent or more of the 
gross heat input on an annual affected by subpart ZZZZ of 40 CFR part 
63, must monitor and record the fuel usage daily with separate fuel 
meters to measure the volumetric flow rate of each fuel.

IV. Rationale for Proposed Rule

A. Which control technologies apply to stationary engines?

    EPA reviewed various control technologies applicable to stationary 
engines. For detailed information on the control technology review that 
EPA conducted, refer to information in the docket for this proposed 
rule. The following sections provide general descriptions of currently 
available controls that can be used to reduce emissions from stationary 
engines.
    Non-selective catalytic reduction (NSCR) has been commercially 
available for many years and has been widely used on stationary 
engines. The technology can be applied to rich burn stationary engines 
and is capable of reducing NOX emissions by 90 percent or 
more. The technology also reduces CO by about 90 percent. Emissions of 
NMHC and HAP are also reduced by

[[Page 33814]]

using the catalyst and significant reductions have been recorded. Based 
on our information, NSCR appears to be technically feasible for rich 
burn engines down to 19 KW (25 HP).
    Selective catalytic reduction (SCR) is applicable to lean burn 
stationary engines, but has not been widely used on stationary SI 
engines. This technology is capable of achieving NOX 
reductions of at least 90 percent. An oxidation catalyst is often used 
in conjunction with SCR to reduce emissions of CO, NMHC, and HAP. The 
technology has not been commonly applied to stationary engines and if 
applied, the applications have typically been on larger lean burn 
engines. Costs of SCR are generally high, including significant 
equipment, installation, and operating costs.
    Oxidation catalyst is another type of aftertreatment that can be 
applied to stationary engines and is typically used with lean burn 
engines. The technology can be applied to either diesel or gas fired 
lean burn engines. Emissions of CO can be reduced by 90 percent or more 
and significant NMHC and HAP reductions are also possible. Applying the 
technology to diesel fired engines can reduce PM by about 25 to 30 
percent. Oxidation catalyst control has been widely used and has been 
available for decades for use with lean burn stationary engines.
    Catalyzed diesel particulate filters (CDPF) are applicable to CI 
engines using diesel fuel and are primarily used to reduce PM 
emissions. The technology is a newer technology than other 
aftertreatment control devices, but is becoming increasingly 
widespread. Applying CDPF can reduce PM emissions by 90 percent or 
more, and reductions in CO and HAP can be significant. The technology 
appears to be applicable to a wide range of diesel engines, except 
there may be issues with respect to applying the technology to smaller 
engines (less than 19 KW (25 HP)), and potentially also to extremely 
large engines (several thousand HP). Catalyzed diesel particulate 
filters are the basis for the Tier 4 emission standards for PM for most 
nonroad CI engines regulated by 40 CFR part 1039 and also for most new 
non-emergency stationary CI engines regulated under 40 CFR part 60, 
subpart IIII. Recently finalized standards for stationary CI engines in 
California are also based on the use of particulate filters in some 
cases.
    Stationary SI engines burning natural gas typically have low levels 
of PM in the order of 0.01 g/HP-hr, according to engine manufacturers. 
This level is comparable to Tier 4 levels that nonroad and stationary 
CI engines will achieve with CDPF. For these reasons, EPA is not 
proposing PM emission standards for stationary SI engines. Emissions of 
sulfur oxides (SOX) are usually low from natural gas fired 
engines since, in most cases, the fuel is inherently very low in 
sulfur. There are no controls currently available to control 
SOX in the exhaust from stationary engines; the only way to 
limit SOX is to minimize sulfur in the fuel.
    Although aftertreatment devices can help achieve very significant 
reductions in exhaust emissions from stationary engines, there are 
other strategies available which can help reduce emissions. For 
example, lean burn technology alone produces much lower levels of 
NOX than rich burn engines. In a lean burn engine, excess 
air is introduced into the engine with the fuel, reducing the 
temperature of the combustion process, which in turn reduces the 
NOX significantly compared to a rich burn engine. Also, 
because excess O2 is available, combustion is more 
efficient, so more power is produced with the same amount of fuel. 
Another example of an emission reduction strategy that prevents the 
formation of NOX is exhaust gas recirculation. Exhaust gas 
recirculation has been widely used in automotive engines for many years 
to reduce NOX emissions and could potentially be used in 
stationary engine applications. Also, in SI engines, modifications of 
the combustion chamber and fuel metering system can help improve mixing 
of the fuel and air, thus improving NMHC emissions. Spark-timing 
calibrations can also help reduce CO and NMHC emissions.

B. How did EPA determine the basis and level of the proposed standards?

1. SI NSPS
    Section 111 of the CAA states that a standard of performance 
``means a standard * * * which reflects the degree of emission 
limitation achievable through application of the best system of 
emission reduction which (taking into account the cost of achieving 
such reduction and any non-air quality health and environmental impact 
and energy requirements) the Administrator determines has been 
adequately demonstrated.''
    The following discussion provides additional information by 
identifying specific technologies (referred to hereafter as ``BDT'') 
that EPA anticipates to be used to meet the NSPS. It must be noted, 
however, that EPA's proposal is that the best system of emissions 
reductions that has been adequately demonstrated is a set of emissions 
standards, including an averaging, banking and trading program, where 
applicable, that allows for the use of other potential technologies 
that meet or exceed the standards.
    a. Stationary SI Engines <=19 KW (25 HP). For stationary SI engines 
less than or equal to 19 KW (25 HP), the technologies that are the 
basis of the proposed standards are expected to be the same as the 
technologies that are the basis for the nonroad SI engine Phase 2 
standards in this size range. The Phase 2 nonroad engine program will 
lead to increased use of automotive-style overhead valve technology for 
nonhandheld engines and is expected to be the technology that is relied 
upon to meet Phase 2 emission standards. Stationary engines less than 
or equal to 19 KW (25 HP) are required to be certified to the emission 
standards for new nonroad SI engines as specified in 40 CFR part 90. 
These standards are separated by the class of the engine (Class I 
through Class V) and each class is determined by the use of the engine, 
i.e., handheld or nonhandheld, and engine displacement. Phase 1 
standards took effect for most new handheld and nonhandheld engines 
beginning in model year 1997. Phase 2 standards for nonhandheld engines 
are being phased in between 2001 and 2007. Phase 2 standards for 
handheld engines have been phased in starting in 2002. EPA believes it 
is appropriate to require new stationary SI engines less than or equal 
to 19 KW (25 HP) to meet the Phase 2 emission standards for nonhandheld 
nonroad SI engines, as nonhandheld engines would be more similar to 
stationary engines than handheld engines, and because by definition, a 
stationary engine cannot be a handheld engine. EPA believes that it is 
appropriate that the emission standards for new stationary SI engines 
less than or equal to 19 KW (25 HP) are the same as those for nonroad 
SI engines in this size range. To determine the BDT for these size 
engines, EPA analyzed the emission control strategies selected for the 
nonroad SI engine rule for engines less than or equal to 19 KW (25 HP). 
EPA concluded that the level and implementation timing of the nonroad 
SI engine standards are the most appropriate that can be justified for 
this size group of engines. EPA believes a manufacturer-based 
certification program is also appropriate for this group of engines and 
that there is little difference, if any, between nonroad and stationary 
SI engines in this size range. Engine manufacturers are already 
familiar with and have experience in

[[Page 33815]]

certifying their engine families according to EPA's certification 
program. For the reasons provided, BDT for stationary SI engines less 
than or equal to 19 KW (25 HP) is determined to be the control 
technologies used to comply with Phase 2 emission standards for 
nonhandheld nonroad SI engines under 40 CFR part 90. EPA is also 
proposing to allow manufacturers to certify any engine with a maximum 
engine power between 19 and 30 KW (25 and 40 HP) with total 
displacement of 1,000 cc or less to the nonhandheld nonroad SI engine 
standards under 40 CFR part 90. This option is already available for 
nonroad engines with these maximum power and displacement 
characteristics.
    EPA expects to propose new standards in the near future applicable 
to nonroad SI engines less than or equal to 19 KW (25 HP) that will be 
more stringent than Phase 2 standards, giving appropriate lead time for 
the requirements. EPA will consider incorporating these more stringent 
standards into its stationary SI NSPS regulations as they apply to 
stationary SI engines in this HP range at the same time it revises its 
nonroad standards for SI engines.
    EPA requests public comment on the issue of evaluating the 
appropriateness of future small non-road engine emission standards as 
they may apply to stationary SI engines less than or equal to 19 KW (25 
HP).
    b. Stationary SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG 
Engines >19 KW (25 HP). For stationary SI engines greater than 19 KW 
(25 HP) that use gasoline and rich burn engines greater than 19 KW (25 
HP) that use LPG, the technology that is the basis of the proposed 
standards are the technologies used by nonroad SI engines greater than 
19 KW (25 HP) to comply with the emission standards in 40 CFR part 
1048. The majority of nonroad SI engines greater than 19 KW (25 HP) use 
LPG, but some operate on gasoline or natural gas. There are two tiers 
for nonroad SI engines in this size category. Tier 1 standards were 
scheduled to begin in 2004; Tier 2 standards will begin in 2007. The 
upcoming Tier 2 standards are based on three-way catalyst systems with 
electronic, closed-loop fuel systems. For stationary SI engines greater 
than 19 KW (25 HP) that use gasoline or are rich burn engines greater 
than 19 KW (25 HP) that use LPG, EPA believes these engines are very 
similar to nonroad SI equipment, and the same engines designed for use 
in nonroad applications are used in stationary applications. Therefore, 
for stationary SI engines greater than 19 KW (25 HP) that use gasoline 
and rich burn engines greater than 19 KW (25 HP) that use LPG, the BDT 
is the technology that is the basis for the Tier 2 emission standards 
for nonroad engines above 19 KW (25 HP) regulated under 40 CFR part 
1048.
    c. Stationary Non-Emergency SI Natural Gas Engines 25X, but is also effective 
in reducing CO and NMHC emissions from stationary rich burn engines. No 
other technology was identified as applicable to rich burn engines that 
would achieve equivalent or higher emission reductions than NSCR. The 
technology can be purchased, installed, and operated for a reasonable 
cost on new engines and requires no extensive operator training or 
expertise. The technology is available from many catalyst vendors and 
is simple to acquire. For the reasons provided, BDT for rich burn 
engines between 25 and 500 HP that use fuels other than gasoline and 
LPG is NSCR.
    As discussed, EPA is proposing a stage 1 NOX emission 
limit of 2.0 g/HP-hr for stationary non-emergency SI engines between 25 
and 500 HP that burn natural gas or that are lean burn engine using 
LPG. This limit would apply to engines manufactured after January 1, 
2008. EPA believes that January 1, 2008, will provide sufficient time 
for engine manufacturers and owners and operators to make the necessary 
adjustments and preparations in order to develop and certify engines 
that are able to achieve the proposed standards. These engines would 
also have to meet a CO emission limit of 4.0 g/HP-hr and a NMHC 
emission limit of 1.0 g/HP-hr. EPA received information on the 
emissions from new stationary SI engines from various engine 
manufacturers. The average NOX engine-out levels for rich 
burn engines without aftertreatment were in the order of 12 to 15 g/HP-
hr. It is estimated that applying NSCR to new uncontrolled rich burn 
engines would be able to achieve controlled NOX levels 
between 1.2 and 1.5 g/HP-hr, perhaps lower if the catalyst is designed 
for higher NOX reduction. Based on these estimates, EPA 
feels it is reasonable to require a stage 1 NOX emission 
limit of 2.0 g/HP-hr, which is based on engines using aftertreatment 
control. A stage 1 limit of 2.0 g/HP-hr takes into account uncertainty 
associated with meeting the standard. The engine may be capable of 
emitting an average of 1.5 g/HP-hr, but NOX emissions may 
fluctuate above and below that level. A standard of 2.0 g/HP-hr 
provides the necessary flexibility to account for such fluctuations, 
which may occur from the engine control or aftertreatment systems, 
operational conditions, and/or variations in fuel quality.
    For stage 2, EPA is proposing a more stringent NOX 
emission limit of 1.0 g/HP-hr for stationary SI engines manufactured 
after January 1, 2011. Again, EPA is incorporating adequate lead time 
to account for steps engine manufacturers and owners and operators must 
take between stages 1 and 2 to achieve the standards throughout the new 
engine category. EPA has analyzed emissions information from several 
stationary rich burn engines and has concluded that the

[[Page 33816]]

1.0 g/HP-hr limit for NOX is appropriate for the second 
stage of emissions requirements. As the uncontrolled NOX 
levels indicate, levels lower than 1.5 g/HP-hr are possible with an 
NSCR reducing NOX by 90 percent. In addition, a catalyst can 
be designed to optimize NOX reduction and with an increased 
reduction efficiency, the proposed stage 2 NOX emission 
limit can be achieved. The stage 2 limit beginning with engines 
manufactured after January 1, 2011, also gives manufacturers time to 
improve the design of their engines, which would make the stage 2 
NOX emission limits more easily attainable.
    For CO, a similar approach was followed. The average engine-out CO 
levels for rich burn engines without aftertreatment controls vary 
between 7 and 13 g/HP-hr. A stage 1 CO limit would be easily achievable 
through application of NSCR. Similarly, using NSCR, the stage 2 limit 
for CO is expected to be achievable by all rich burn engines. The stage 
2 standards recognize the inverse relationship between NOX 
and CO emissions. In order to optimize NOX emission 
reductions, CO emission reductions may not be as large. EPA believes 
the stage 2 CO limit is achievable by new rich burn engines by using 
NSCR and expects significant reductions from uncontrolled levels.
    Finally, for NMHC, EPA is proposing a limit of 1.0 g/HP-hr for 
stage 1 and a limit of 0.7 g/HP-hr for stage 2. As with the 
relationship between NOX and CO, the relationship between 
NOX and NMHC, in terms of their formation during combustion, 
is inverse in nature. Uncontrolled NMHC emissions from new rich burn 
engines are between 0.6 and 1.0 g/HP-hr. Therefore, EPA believes that 
the proposed limit for NMHC is achievable.
    For SI lean burn engines, EPA considered SCR. The technology is 
effective in reducing NOX emissions, as well as other 
pollutant emissions, if an oxidation catalyst element is included. 
However, the technology has not been widely applied to stationary SI 
engines and has mostly been used with diesel engines and larger 
applications thousands of HP in size. The technology requires a 
significant understanding of its operation and maintenance requirements 
and is not a simple process to manage. Installation can be complex and 
requires experienced operators. Costs of SCR are high, and have been 
rejected frequently by States for this reason. EPA does not believe 
that SCR is a reasonable option for stationary SI lean burn engines. 
Stationary lean burn engines are, by design, low NOX 
emitting units and have sometimes been favored over rich burn engines 
in areas with stringent air pollution control requirements due to their 
lower NOX level. There are no other currently available add-
on control technologies on the market to further reduce NOX 
emissions from stationary SI lean burn engines, but low NOX 
emission strategies and design are currently being used to minimize 
NOX levels. Based on information received from engine 
manufacturers who produce such engines, average NOX levels 
from 4SLB engines are between 1.0 and 2.0 g/HP-hr, which are comparable 
to engine-out NOX levels from a rich burn engine with a 
catalyst. Carbon monoxide levels are also low from these engines and 
can be as low as 2.0 g/HP-hr. Stationary SI uncontrolled lean burn 
engines are much cleaner than uncontrolled rich burn engines. Levels of 
CO in lean burn engines are much lower than rich burn engines. Although 
oxidation catalysts can be installed in lean burn engines, EPA believes 
that no further controls are needed, given the already-low engine-out 
CO and NMHC emissions from them. The CO levels emitted from new lean 
burn SI engines are comparable to controlled levels from rich burn 
engines. For these reasons, the BDT for stationary SI lean burn engines 
is the low emitting level achieved by design and on-engine controls, 
and other combustion optimization techniques employed in new stationary 
SI lean burn engines. The BDT is the level achieved by new lean burn 
engines.
    There are a few new stationary natural gas fired 2SLB sold per year 
in the U.S., but the total number manufactured and sold in the U.S. is 
insignificant compared to the number of other engine designs sold. In 
addition, there are only a few manufacturers who produce such engines. 
Available information shows that 2SLB engines that are pre-chamber 
combustion designs have similar emissions to natural gas fired 4SLB 
engines, and one manufacturer indicated that nearly all of the engines 
it sells for the U.S. are pre-chamber combustion engines.
    d. Stationary Non-Emergency Natural Gas Engines >=500 HP and Lean 
Burn LPG Engines >=500 HP. For natural gas fired rich burn engines 
greater than or equal to 500 HP, the technology that is the basis for 
the proposed standards is NSCR. The technology was discussed in 
previous sections of this preamble and for the reasons discussed in 
that section, NSCR represents BDT for natural gas fired rich burn 
engines 500 HP and above.
    The technology that is the basis for the proposed standards for 
lean burn natural gas and LPG engines greater than or equal to 500 HP 
is the level achieved by design and on-engine controls, and other 
combustion optimization techniques employed in new stationary SI lean 
burn engines. As discussed previously, EPA considered the use of SCR, 
but rejected the technology as BDT based on several factors. Emission 
levels from SI lean burn engines are comparable to controlled levels 
from rich burn engines and engine-out emissions from SI lean burn 
engines are at already low levels. New stationary natural gas engines 
greater than or equal to 500 HP and lean burn LPG engines greater than 
or equal to 500 HP must comply with two stages of limits. The first 
stage, effective for engines manufactured after July 1, 2007, requires 
these engines to comply with a NOX limit of 2.0 g/HP-hr, a 
CO limit of 4.0 g/HP-hr, and a NMHC limit of 1.0 g/HP-hr. A second 
stage of limits, effective for engines manufactured after July 1, 2010, 
requires these engines to comply with a NOX limit of 1.0 g/
HP-hr, a CO limit of 2.0 g/HP-hr, and a NMHC limit of 0.7 g/HP-hr. EPA 
is proposing that stage 1 limits apply to engines manufactured after 
July 1, 2007, to provide enough lead time to make the necessary 
preparations and adjustment in order to meet the proposed limits. An 
extra 3 years is being proposed to reach compliance with stage 2 limits 
to account for further redesign, manufacturing and implementation 
issues that manufacturers and owner and operators must handle in order 
to meet these limits. EPA believes it is appropriate to distinguish 
between less than 500 HP engines and greater than or equal to 500 HP 
engines with respect to effective dates of stage 1 and stage 2 limits. 
In order to spread out resources and costs, EPA believes it is 
appropriate to provide additional time for engines less than 500 HP to 
meet the standards.
    e. Stationary SI Landfill/Digester Gas Engines. For stationary 
landfill and digester gas fired engines, EPA evaluated currently 
available control technologies. Chemicals in landfill and digester gas 
fuels called siloxanes poison the catalyst in add-on control 
technologies such as SCR, NSCR, and oxidation catalysts, rendering them 
ineffective in very short periods of time. (See discussion below.) 
Emission standards requiring aftertreatment controls from such engines 
have typically not been required due to poisoning of the catalyst 
leading to poor reduction efficiencies and eventually destroying the 
add-on control device.

[[Page 33817]]

For this reason, EPA did not consider add-on control for landfill and 
digester gas applications.
    The technology that is the basis for the proposed standards for 
landfill and digester gas engines is the level achieved by new lean 
burn engines. EPA has been told that lean burn engines are the 
preferred choice for landfill and digester gas applications because 
these engines have the lowest NOX emissions without add-on 
control. Information EPA gathered during the proposal also shows that 
the majority of landfill applications use lean burn engines. There may 
be some rich burn engines being used in wastewater applications, and 
EPA is requesting comment on how common rich burn engine designs are in 
landfill and digester gas applications.
    Test results EPA has obtained from various sanitation districts and 
regulatory control agencies indicate that landfill and digester gas 
engines are capable of meeting similar emission levels to those engines 
that are using natural gas fuels. However, there is a lot of 
variability in landfill and digester gas, and the methane content can 
change considerably from day to day. For these reasons, EPA is 
proposing emission standards that are similar to, but somewhat less 
stringent than, the standards for engines combusting natural gas. Lean 
burn engines are lower NOX emitting units. EPA wishes to 
promote cleaner technology through proposing emission standards based 
on low NOX design.
    For stationary landfill and digester gas fired engines, EPA is 
proposing separate effective dates based on the size of the engine. In 
order to prepare the market for regulations applicable to these 
engines, EPA is proposing stage 1 limits for landfill and digester gas 
engines less than 500 HP that are manufactured after January 1, 2008. 
Stage 2 limits are required for landfill and digester gas engines less 
than 500 HP manufactured after January 1, 2011. Again, EPA believes it 
must provide adequate time between stages 1 and 2 in order for the 
market to make the necessary adjustments to meet stage 2 standards. EPA 
is proposing that landfill and digester gas engines greater than or 
equal to 500 HP meet stage 1 limits if they are manufactured after July 
1, 2007, and stage 2 limits after July 1, 2010.
    All landfill and digester gas engines are required to meet a 
NOX limit of 3.0 g/HP-hr for stage 1 and a NOX 
limit of 2.0 g/HP-hr for stage 2. The stage 2 CO and NMHC limits for 
these engines are not more stringent than stage 1, but remain the same 
for both stages at 5.0 and 1.0 g/HP-hr for CO and NMHC, respectively. 
EPA believes that trying to control the CO in these engines beyond 5.0 
g/HP-hr may cause instability and could affect the ability of the 
engine to reduce NOX levels; therefore, the same CO limit is 
being proposed for both stages. Emissions of NMHC are similar to 
natural gas fueled engines, but in order to provide landfill and 
digester gas engines with some flexibility to account for variability 
in the fuel, which can be beyond the control of the operator, EPA is 
proposing a NMHC limit that remains the same between stage 1 and stage 
2 and is not proposing a more stringent limit for NMHC for the second 
stage.
    f. Stationary Emergency SI Engines. As with landfill and digester 
gas fired applications, add-on controls have typically not been 
required on stationary emergency engines. Stationary engines used for 
emergency purposes are operated infrequently, and aftertreatment has 
often been avoided because of factors such as high costs per ton of 
pollutant removed due to short periods of operation. EPA's recently 
proposed regulations for stationary CI engines that required only in-
engine controls for emergency engines, and did not require stringent 
standards based on add-on controls for stationary CI engines used for 
emergency purposes. Similarly, the RICE NESHAP promulgated in 2004 (69 
FR 33474) did not require emergency engines to meet emission control 
requirements.
    Engine manufacturers expressed during the proposal process that 
emergency SI engines should be exempt from emission standards, citing 
similar reasons to those provided above. However, we do not agree that 
emergency engines should be exempt from the standards.
    Therefore, we have established that the technology that is the 
basis for the standards for stationary emergency engines is the level 
achieved by new lean burn engines. Lean burn engines are available in 
the power ranges that include emergency engines. EPA expects that the 
emission standards for emergency engines will be met with lean burn 
engines. Lean burn engines are available and represent the cleanest 
technology available without the use of exhaust aftertreatment.
    EPA is providing stationary emergency engines significant lead-time 
to prepare to meet the proposed standards for emergency engines. This 
is particularly appropriate because emergency engines have generally 
not previously been subject to emission standards and therefore have 
not necessarily been optimized for emissions performance.
    EPA is proposing a single stage of emission standards for emergency 
engines beginning in January 1, 2009. Stationary SI emergency engines 
manufactured after this date must meet a NOX limit of 2.0 g/
HP-hr, a CO limit of 4.0 g/HP-hr, and a NMHC limit of 1.0 g/HP-hr. As 
previously discussed in this preamble, stationary SI lean burn engines 
emit low levels of NOX, in the range of 1.0 to 2.0 g/HP-hr, 
which means the limit being proposed for NOX is achievable. 
Similar conclusions can be made regarding CO and NMHC as well.
    g. Modified and Reconstructed Stationary SI Engines. EPA is 
proposing that owners and operators of stationary SI natural gas and 
lean burn LPG engines that are modified or reconstructed and become 
subject to this proposed rule limit their exhaust emissions of 
NOX to 3.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and 
emissions of NMHC to 1.0 g/HP-hr. These emission standards are 
consistent with the proposed Stage 1 emission standards for new natural 
gas and lean burn LPG engines, except that a less stringent 
NOX emission standard is being proposed for these engines.
    There are technical difficulties in reaching a NOX level 
of 2.0 g/HP-hr for modified and reconstructed engines that were not 
originally built to meet a 2.0 g/HP-hr standard, and such a level, even 
where technically feasible, would in many cases require extensive work. 
In addition, lowering emissions of NOX down to 2.0 g/HP-hr, 
even where possible, would often be very costly. EPA discussed this 
issue in one of the final rules associated with the NOX 
State Implementation Plan call (69 FR 21604, 21617-21621). Therefore, 
EPA believes it is more appropriate to propose to require that modified 
and reconstructed engines manufactured prior to the dates when the 2.0 
g/HP-hr standard takes effect must meet a NOX emission 
standard of 3.0 g/HP-hr. This level can be achieved with retrofit 
technology without extensive hardware replacements and can be achieved 
without unreasonable costs.
2. NESHAP
    Section 112 of the CAA requires that we establish NESHAP for the 
control of HAP from new and existing sources in regulated source 
categories. The CAA requires the NESHAP for major sources to reflect 
the maximum degree of reduction in emissions of HAP that is achievable. 
This level of control is commonly referred to as the MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the

[[Page 33818]]

CAA. In essence, the MACT floor ensures that the standards are set at a 
level that assures that all major sources achieve the level of control 
at least as stringent as that already achieved by the better controlled 
and lower emitting sources in each source category or subcategory.
    For new sources, the MACT floor cannot be less stringent than the 
emission control that is achieved in practice by the best controlled 
similar source. The MACT standards for existing sources can be less 
stringent than standards for new sources, but they cannot be less 
stringent than the average emission limitation achieved by the best 
performing 12 percent of existing sources in the category or 
subcategory (or the best performing 5 sources for categories or 
subcategories with fewer than 30 sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on the consideration of cost of achieving the 
emissions reductions, any non-air quality health and environmental 
impacts, and energy requirements.
    Section 112 of the CAA allows EPA to establish subcategories among 
a group of sources, based on criteria that differentiate such sources. 
The subcategories that have been developed for stationary RICE were 
previously listed and are necessary in order to capture the distinct 
differences, which could affect the emissions of HAP from these 
engines. The complete rationale explaining the development of these 
subcategories is provided in the memorandum titled Subcategorization of 
Stationary Reciprocating Internal Combustion Engines 500 HP available 
from the docket.
    a. Engines <=500 HP at Major Sources. For the MACT floor 
determination, EPA s Office of Air Quality Planning and Standards RICE 
Population Database (hereafter referred to as the ``Population 
Database'') was consulted. The Population Database, which was developed 
for the stationary RICE NESHAP for engines greater than 500 HP at major 
sources, represents the best information available to EPA.
    Information in the Population Database was obtained from several 
sources and is further described in the notice of proposed rulemaking 
for the RICE NESHAP (67 FR 77830). EPA queried the Population Database 
to determine how many stationary RICE less than or equal to 500 HP have 
catalyst type controls. According to the Population Database, neither 
engines less than 50 HP, landfill/digester gas fired engines, CI 
emergency engines, CI non-emergency engines, SI emergency engines, nor 
non-emergency 2SLB engines are equipped with catalyst type controls. 
The Population Database indicates that 32 (3.7 percent) out of 861 non-
emergency use 4SLB engines are equipped with catalyst type controls. 
Out of a total of 3,533 non-emergency 4SRB engines 50 to 500 HP, 197 
are using catalyst type controls (5.6 percent). The percentage for 4SRB 
engines may or may not be representative of current conditions, and EPA 
requests comments on this issue. For further information on EPA's 
analysis on the Population Database, refer to the docket for this 
proposed rule.

MACT Floor for Existing Sources

    The MACT floor for existing stationary RICE must be no less 
stringent than the average emission limitation achieved by the best 
performing 12 percent of existing sources. According to information in 
the Population Database, there are no existing engines less than 50 HP, 
landfill/digester gas fired engines, CI emergency engines, CI non-
emergency engines, SI emergency engines, or non-emergency 2SLB engines 
that use catalyst type controls. Therefore, the MACT floor for these 
subcategories is no further emissions reductions.
    For existing non-emergency 4SLB engines between 50 and 500 HP, 
there are insufficient numbers of engines using add-on controls that 
may reduce HAP to support basing the MACT floor on the use of add-on 
controls. The percentage (3.7) is below the criteria for a MACT floor 
that would require emissions reductions for existing stationary 4SLB 
engines. Therefore, the MACT floor for existing non-emergency use 
stationary 4SLB engines 50 to 500 HP is no further emissions 
reductions.
    The percentage for existing non-emergency 4SRB engines is also 
below the criteria for a MACT floor that would require emissions 
reductions for existing 4SRB engines. Therefore, the MACT floor for 
existing non-emergency use stationary 4SRB engines 50 to 500 HP is no 
further emissions reductions.

MACT for Existing Sources

    As stated, for existing sources, the MACT floor for each of the 
subcategories is no emission reduction, and the MACT standard must be 
no less stringent than the MACT floor.
    EPA considered one regulatory option more stringent than the MACT 
floor for existing 2SLB and existing 4SLB engines, i.e., requiring a 
specific HAP reduction through the use of an oxidation catalyst. 
Oxidation catalysts provide significant reductions of HAP emissions, as 
well as considerable reductions of CO. Catalyst cost information was 
obtained from vendors of catalytic control equipment and annual costs 
were derived from the data. Estimates of cost per ton of applying 
oxidation catalyst to various size engines were developed. The cost of 
oxidation catalysts was determined to outweigh the potential HAP 
emission reduction benefits for these subcategories. Therefore, the 
beyond-the-floor option was determined as inappropriate for these 
subcategories. Non-air quality health, environmental impacts and energy 
effects were also not significant factors. EPA is not aware of any 
other options which could serve as the basis for MACT to reduce HAP 
emissions from existing 2SLB and existing 4SLB engines. Therefore, MACT 
is equal to the MACT floor for these engines. For specific details on 
this analysis, refer to memorandum entitled ``Regulatory Alternatives 
and MACT for Stationary Reciprocating Internal Combustion Engines <=500 
HP at Major Sources,'' available from the docket for this proposed 
rule.
    EPA considered one regulatory option more stringent than the MACT 
floor for existing 4SRB engines, i.e., requiring a specific HAP 
reduction through the use of NSCR.
    An NSCR, or three-way catalyst, is a catalytic post-combustion 
control device that oxidizes HAP emissions, and also reduces criteria 
pollutants such as NOX and CO. To operate effectively, NSCR 
requires stoichiometric conditions to enhance both oxidation and 
reduction reactions in the exhaust stream. Removal efficiencies for 
NSCR were previously discussed in this preamble. Again, cost 
information was obtained from catalyst vendors and annual NSCR costs 
were estimated based on these data. The costs per ton of pollutant 
removed by applying NSCR to various size 4SRB engines were calculated, 
and are documented in information included in the docket. Based on the 
costs per ton of HAP removed from existing 4SRB engines, it was 
determined that requiring NSCR on existing engines would not be 
appropriate and, therefore, the MACT for existing 4SRB engines is the 
MACT floor, i.e., no emission reduction. No other technology was 
identified as appropriate for reducing HAP from 4SRB engines.
    Cost per ton estimates are presented in the memorandum entitled 
``Cost per Ton of HAP Reduced for Stationary RICE,'' included in the 
docket. EPA's analysis of regulatory alternatives

[[Page 33819]]

beyond-the-floor is presented in the memorandum entitled ``Regulatory 
Alternatives and MACT for Stationary Reciprocating Internal Combustion 
Engines 500 Horsepower at Major Sources.''
    EPA considered one regulatory option more stringent than the MACT 
floor for existing CI engines, which is the use of CDPF. A description 
of the technology and potential emission reductions were previously 
discussed in this preamble. Using available information, the cost for 
applying CDPF to existing CI engines was estimated. Based on the 
estimated cost per ton of HAP removed, EPA determined that requiring 
the use of CDPF would be too high for existing CI engines. Therefore, 
the MACT for existing CI engines is the MACT floor, i.e., no emission 
reduction.
    The MACT floor for existing digester and landfill gas stationary 
engines is no emission reduction. The use of oxidation catalysts to 
reduce HAP emissions from this subcategory of RICE was found to be 
technically infeasible. This is due to the fact that digester gases and 
landfill gases contain a family of silicon-based compounds called 
siloxanes. Combustion of siloxanes can foul post-combustion catalysts, 
rendering them inoperable within a short period of time. Because of 
these technical issues associated with applying oxidation catalyst 
control, there are no viable beyond-the-floor regulatory options for 
these stationary RICE. Therefore, no emission reduction is MACT for 
existing digester and landfill gas stationary RICE.
    Emission control technologies which reduce HAP emissions from 
stationary RICE have not been applied to stationary RICE which operate 
exclusively as emergency units. Thus, the MACT floor is no emission 
reduction. In considering the application of HAP emission control 
technologies to stationary RICE which operate exclusively as emergency 
units, there are a number of concerns regarding the technical 
feasibility, primarily in the areas of the long term durability and 
effectiveness of emission control. Whether such concerns are warranted 
or not, however, emission control is not considered cost effective 
because of the very small reductions in HAP emissions which might be 
achieved through the use of such technologies. In addition, non-air 
quality health, environmental impacts and energy effects were not 
significant factors. As a result, MACT for existing stationary RICE 
which operate exclusively as emergency engines is no emission 
reduction.

MACT Floor for New Sources

    The MACT floor for new stationary RICE must be no less stringent 
than the emission control achieved in practice by the best controlled 
similar source. Since the Population Database indicates that there are 
no existing engines less than 50 HP, landfill/digester gas fired 
engines, CI emergency engines, CI non-emergency engines, SI emergency 
engines, or non-emergency 2SLB engines that are using catalyst type 
controls, the MACT floor for these new stationary RICE is no further 
emissions reductions.
    As discussed, EPA established a subcategory for non-emergency 4SLB 
engines between 50 and 500 HP. However, based on information received 
by EPA, there are few, if any, stationary 4SLB engines less than 250 
HP. Information regarding the smallest 4SLB engines produced is 
available from the docket. The additional cost and complexity of 
components associated with lean burn engine design is not cost 
effective for smaller engines (less than 400 HP), according to 
industry.
    Stationary 4SLB engines greater than or equal to 250 HP tend to be 
similar to larger engines, i.e., those that are greater than 500 HP, 
and on a mass basis, engines greater than or equal to 250 HP emit more 
than smaller engines. In addition, engines of such size have 
traditionally been treated by States as larger engines, rather than 
smaller engines, and stationary 4SLB SI engines below 250 HP have 
generally been regulated as smaller engines. In some cases, engines 
greater than 250 HP may be required to meet more stringent emission 
standards than smaller engines. In addition, the type of add-controls 
that can be applied to 4SLB engines greater than or equal to 250 HP are 
the same as those that can be applied to larger engines, i.e., those 
greater than 500 HP, and those engines are capable of achieving very 
similar emission reductions as larger engines. Further, larger engines 
are typically employed in different applications than smaller engines 
are and may be more likely to be used in electric power generation and 
gas transmission and processing. In addition, smaller engines may tend 
to be used more by small businesses or for agricultural purposes and 
may resemble nonroad engines more than those greater than or equal to 
250 HP, which are more similar to traditional stationary engines. For 
these reasons, EPA believes that non-emergency 4SLB engines greater 
than or equal to 250 HP more closely resemble larger engines and should 
be treated in a similar manner as the engines greater than 500 HP were 
treated.
    The Population Database indicates that there are non-emergency 4SLB 
engines in the size range of 250 to 500 HP employing catalyst type 
controls, and according to the Population Database, the smallest 4SLB 
engine equipped with catalyst control is 270 HP. However, EPA received 
additional information indicating that there is a 260 HP engine 
operating with oxidation catalyst control and is, therefore, the 
smallest existing 4SLB engine of which EPA is aware that is equipped 
with add-on control.
    EPA believes it is unreasonable to require new 4SLB engines smaller 
than 250 HP to meet emission standards based on add-on control. The 
cost per ton for new 4SLB engines between 250 and 500 HP located at 
major sources is reasonable. Looking at the cost effectiveness for 
engines smaller than 250 HP, the cost per ton of HAP removed rapidly 
increases with decreasing size. EPA believes an appropriate cutoff for 
requiring emission standards based on add-on controls is 250 HP. This 
conclusion is consistent with other findings, including an analysis of 
the Population Database of the smallest engine with catalyst control 
and information from other sources. This conclusion is also consistent 
with the MACT floor decision for new 4SLB engines greater than 500 HP 
located at major sources. For these reasons, the MACT floor for new 
4SLB engines between 250 and 500 HP located at major sources is the 
level of control achieved by application of oxidation catalyst 
controls. The MACT floor for new 4SLB engines between 50 and 250 HP is 
no further HAP emission reduction.
    We request comment on our proposed approach for MACT requirements 
for new 4SLB engines (250-500 HP). EPA's Population Database indicates 
that oxidation catalysts are used in some of these engines, and this 
technology forms the basis of the proposed standards. It is likely that 
these oxidation catalysts are used to meet State requirements developed 
as part of EPA programs such as New Source Review (NSR) and Prevention 
of Significant Deterioration (PSD), which focus on the control of 
criteria pollutants, rather than HAP. However, oxidation catalysts 
installed to control CO and NMHC can also reduce HAP emissions. We 
request comment on EPA's determination that oxidation catalysts should 
be the basis of the MACT floor for new 4SLB engines in the size range 
of 250 to 500 HP.
    The Population Database indicates that there are non-emergency 4SRB

[[Page 33820]]

engines 50 to 500 HP operating with catalyst type controls, and, 
therefore, the MACT floor for new non-emergency 4SRB engines between 50 
and 500 HP is the level achieved by the use of NSCR.

MACT for New Sources

    For 2SLB, there are no engines in the Population Database that are 
using catalyst type controls. Therefore, the MACT floor for new 
stationary 2SLB is no further emissions reductions. In addition, the 
cost effectiveness of adding an oxidation catalyst to a new 2SLB engine 
was not determined to be economically feasible, and MACT for new 2SLB 
engines is, therefore, no emission reduction. This determination is 
different than MACT for engines greater than 500 HP located at major 
sources because for those engines, the Population Database indicates 
that there are existing 2SLB engines greater than 500 HP operating with 
catalytic controls. As stated, no existing 2SLB engines less than or 
equal to 500 HP are using catalytic controls, according to the 
Population Database. However, we are proposing to require these engines 
to meet NMHC emission standards that are based on the use of on-engine 
controls in order to reduce levels of HAP.
    For engines less than 50 HP, EPA evaluated beyond-the-floor options 
for engines less than or equal to 19 KW (25 HP) and engines above 19 KW 
(25 HP) separately. Stationary SI engines less than or equal to 19 KW 
(25 HP) are required under the proposed SI NSPS to meet the 
certification standards for new nonroad SI engines in 40 CFR part 90 
for nonhandheld engines. The technologies that are the basis for those 
standards rely on engine-based controls. Under the SI NSPS, those 
controls were determined to be BDT for new stationary SI engines less 
than or equal to 19 KW (25 HP). The beyond-the-floor analysis for 
stationary SI engines less than or equal to 19 KW (25 HP) considered 
the use of those technologies, and EPA believes it is appropriate to 
set MACT for these engines at the level of control required by the SI 
NSPS.
    The emission standards for nonhandheld engines include limits for 
HC + NOX (or NMHC + NOX standards for natural gas 
fueled engines, at the option of the manufacturer) and CO. EPA has 
determined that NMHC can be used as a surrogate for HAP and, therefore, 
believes it is appropriate to require a standard based on NMHC as 
opposed to a HAP standard. For more information on EPA's decision to 
use NMHC as a surrogate for HAP, refer to the memorandum entitled 
``Non-methane Hydrocarbons as a Surrogate for Hazardous Air Pollutants 
for Stationary Internal Combustion Engines,'' available from the 
docket.
    For new stationary SI engines between 19 and 37 KW (25 and 50 HP), 
EPA evaluated beyond-the-floor options based on the requirements for 
new stationary SI engines under the SI NSPS. Under the SI NSPS, engines 
greater than 19 KW (25 HP) that use gasoline or that are rich burn 
engines greater than 19 KW (25 HP) that use LPG, are required to be 
certified to the emission standards in 40 CFR part 1048. The 
technologies that are the basis for those standards are three-way 
catalyst systems (NSCR) with electronic, closed-loop fuel systems. 
These technologies were determined to be BDT for new stationary SI 
engines greater than 19 KW (25 HP) that use gasoline and rich burn 
engines greater than 19 KW (25 HP) that use LPG under the SI NSPS. 
These are the same engines that would be covered by the NESHAP, and, 
therefore, EPA believes it is appropriate to go beyond-the-floor for 
these engines and require that owners and operators of these engines 
meet the standards proposed in the SI NSPS.
    The nonroad standards for SI engines greater than 19 KW (25 HP) 
include HC + NOX standards and standards for CO. The engine 
has to meet the numerical emission standard based on NMHC emissions if 
the engine is fueled by natural gas. As discussed, EPA has determined 
that NMHC is an appropriate surrogate for HAP, and EPA believes it is 
appropriate to require the nonroad SI engine standards in 40 CFR part 
1048 for these engines. In addition, these engines are the same engines 
that are covered by the SI NSPS and would be subject to certification 
requirements of 40 CFR part 1048 even in the absence of the NESHAP.
    Finally, EPA would like to ensure consistency and avoid conflicting 
requirements between regulations affecting the same or similar source 
categories. Therefore, EPA believes it is appropriate to set MACT for 
these engines at the level of control required by the SI NSPS.
    For stationary SI engines between 19 and 37 KW (25 and 50 HP) that 
use natural gas or are lean burn LPG engines, EPA described that 
requiring engine certification would be inappropriate for various 
reasons. For the SI NSPS, EPA determined that it was more appropriate 
to rely on a voluntary engine certification program combined with 
requirements for owners and operators. EPA considers this approach as a 
reasonable beyond-the-floor option for new stationary SI engines 
between 19 and 37 KW (25 and 50 HP) located at major sources. Again, 
the same engines would be covered under the SI NSPS, and would, under 
that rule, be required to meet NOX, CO, and NMHC emission 
standards. Therefore, EPA considers the NMHC emission standards from 
the SI NSPS as the most appropriate beyond-the-floor option.
    It was previously discussed that it is appropriate to use NMHC as a 
surrogate for HAP. The SI NSPS propose different NMHC emission 
standards and timing based on the type and size of the engine. The SI 
NSPS propose a NMHC limit of 0.7 or 1.0 g/HP-hr, which EPA believes is 
reasonable to require for engines under the NESHAP as well. For 
stationary SI engines between 19 and 37 KW (25 and 50 HP) that use 
natural gas or are lean burn engines using LPG, MACT is determined to 
be the level required for these engines under the SI NSPS, i.e., an 
emission standard of 0.7 or 1.0 g/HP-hr for NMHC. The NMHC limit of 1.0 
g/HP-hr is required for natural gas fired engines less than 500 HP and 
lean burn engines less than 500 HP using LPG that are manufactured 
after January 1, 2008. The limit of 0.7 g/HP-hr for NMHC is required 
for natural gas fired engines less than 500 HP and lean burn engines 
less than 500 HP that use LPG that are manufactured after January 1, 
2011. EPA believes that the implementation dates are the most stringent 
that can be justified that provide engine manufacturers with sufficient 
time to prepare their products for compliance.
    According to the Population Database, there are existing 4SLB 
stationary engines currently operating with oxidation catalyst systems. 
No technology achieving greater emission reductions was found. We 
previously discussed the decision to set the MACT floor for new 4SLB 
engines between 250 and 500 HP located at major sources based on the 
use of oxidation catalyst. For new 4SLB engines between 50 and 250 HP, 
the MACT floor is no emission reduction. We also discussed in an 
earlier section that we believe non-emergency 4SLB engines between 250 
and 500 HP are more similar to large engines, i.e., those greater than 
500 HP. The formaldehyde level required by the existing 40 CFR part 63, 
subpart ZZZZ, for new 4SLB engines greater than 500 HP located at major 
sources is based on using oxidation catalyst. A formaldehyde 
concentration level of 14 ppmvd at 15 percent O2 was 
promulgated for those engines. As an alternative, a 93 percent 
reduction of CO was provided.
    EPA believes these levels are reasonable for new 4SLB engines

[[Page 33821]]

between 250 and 500 HP located at major sources as well. EPA expects 
the capabilities of the oxidation catalyst to be the same for engines 
between 250 and 500 HP as they are for engines greater than 500 HP. For 
these reasons, MACT is the level of control achieved by using oxidation 
catalyst, i.e., either a 93 percent reduction of CO or a formaldehyde 
outlet concentration limit of 14 ppmvd at 15 percent O2.
    For new 4SLB engines between 50 and 250 HP located at major 
sources, the proposed MACT standard is equal to the NMHC standard 
required under the proposed SI NSPS.
    The MACT standard for new 4SRB stationary RICE must be at least as 
stringent as the MACT floor for existing 4SRB stationary RICE. 
Regulatory options more stringent than the MACT floor include requiring 
the use of NSCR; no other technology achieving greater emissions 
reductions was found.
    As discussed, EPA generally believes it is appropriate to base the 
MACT standards for new stationary SI engines on the standards being 
proposed in the stationary SI NSPS (except for new and reconstructed 
4SLB engines between 250 and 500 HP located at major sources). This 
conclusion affects new stationary rich burn engines. EPA discussed 
selecting NSCR as BDT for most new stationary rich burn engines earlier 
in this preamble. We discussed the appropriateness of following the SI 
NSPS for new SI engines less than or equal to 19 KW (25 HP) and new SI 
engines greater than 19 KW (25 HP) that use gasoline or that are rich 
burn engines greater than 19 KW (25 HP) that use LPG. For the reasons 
previously discussed, MACT for new 4SRB engines between 25 and 500 HP 
located at major sources are the NMHC standards that are required in 
the SI NSPS. EPA also discussed the appropriateness of requiring 
exhaust-based emission standards of 1.0 and 0.7 g/HP-hr of NMHC and has 
explained the reason for setting a NMHC standard and not a HAP 
standard. For rich burn engines greater than 19 KW (25 HP) that do not 
use LPG, it was determined that a mandatory certification program would 
not be appropriate due to fuel quality and other issues.
    Therefore, an emission standard is being proposed, and is 
determined to be MACT for these engines. Owners and operators can 
either purchase an engine that is certified to this standard, or 
alternatively, conduct emissions testing to demonstrate compliance with 
the NMHC emission limit, if their engine is not certified by a 
manufacturer. The MACT for new 4SRB engines is the level of control 
required by the SI NSPS, i.e., a NMHC standard of 1.0 or 0.7 g/HP-hr, 
as applicable.
    For CI non-emergency engines, there are no engines in the 
Population Database that are using catalyst type controls. Therefore, 
the MACT floor for new stationary non-emergency CI RICE is no further 
emissions reductions.
    Catalyzed diesel particulate filters have been proven effective in 
reducing emissions of HAP and are the basis for the majority of Tier 4 
emission standards for new nonroad and stationary diesel engines that 
will go into effect at the beginning of the next decade. The technology 
was also relied upon for the standards issued for stationary CI engines 
in California. No other technology was found to be more effective in 
reducing HAP from CI engines than CDPF, and, therefore, the MACT for 
new stationary CI non-emergency engines is the level of control 
achieved through application of CDPF, with an appropriate period of 
lead time equal to that provided for nonroad CI engines.
    New stationary CI engines less than or equal to 500 HP located at 
major sources will be affected by the upcoming NSPS for stationary CI 
engines (40 CFR part 60, subpart IIII). The CI NSPS rely in large part 
on certification of engines by the engine manufacturers following well-
established procedures developed under the nonroad CI engine program. 
The CI NSPS require minimal effort from engine owners and operators, 
and places the burden and responsibility mainly on the engine 
manufacturer during the useful life of the engine.
    Cost effectiveness analysis conducted for the CI NSPS show that the 
costs of applying CDPF to new stationary CI engines are reasonable. 
Under the CI NSPS, most owners and operators will demonstrate 
compliance with 40 CFR part 60, subpart IIII by purchasing a certified 
engine. The only ongoing compliance requirement for owners and 
operators is to operate and maintain the engine (and control device) 
according to the manufacturer's written specifications. It is assumed 
that the engine will remain in compliance with the emission standards 
for the useful life of the engine, if the engine is operated and 
maintained properly.
    For new stationary CI engines less than or equal to 500 HP located 
at major sources affected by 40 CFR part 63, subpart ZZZZ, proposed in 
this action, EPA believes it would be appropriate to require owners and 
operators to comply with the NMHC and PM requirements in 40 CFR part 
60, subpart IIII. Although MACT for these sources is the level of 
control achieved by CDPF, with appropriate lead time for application of 
this technology for these engines, owners and operators will not be the 
party installing CDPF on their engines; the engine manufacturers will 
be responsible for this.
    The requirements of the CI NSPS include emission standards that 
will be phased in depending on the model year. Requirements include 
emission standards for NOX, CO, PM, HC, and NMHC with 
increasing stringency. The standards regulating emissions of NMHC and 
PM are particularly relevant for regulating HAP emissions. The final 
level of emission standards (Tier 4), rely, in most cases, at least for 
larger size engines, on the implementation of NOX adsorber 
and, importantly for this discussion, CDPF. With the addition of CDPF 
controls in Tier 4 certified engines, emissions of HAP will be 
significantly reduced and the goal of section 112(d)(5) of the CAA will 
be realized by following the CI NSPS.
    EPA believes it is appropriate to require that stationary CI 
engines meet PM and NMHC standards that apply to stationary CI engines 
under the CI NSPS because, while most HAP emissions from diesel engines 
are gaseous hydrocarbons, there are HAP that become adsorbed on the 
diesel particles; therefore, meeting the emission standards under the 
CI NSPS for HC/NMHC and PM helps ensure maximum control of HAP. For the 
reasons provided, EPA believes MACT for new stationary CI engines is 
appropriate, and is the level of control required by the CI NSPS 
achieved through application of CDPF.
    There are no landfill or digester gas fired stationary RICE in the 
Population Database using catalyst type controls, and therefore the 
MACT floor for new stationary landfill and digester gas engines is no 
further emissions reductions. The applicability of HAP emission control 
technology, such as the use of an oxidation catalyst system for 
example, was considered for this subcategory of stationary RICE for 
beyond-the-floor controls. However, digester gases and landfill gases, 
as discussed, may contain compounds that foul catalyst elements 
reducing the catalyst efficiency very quickly. Pretreatment systems to 
remove siloxanes from the gases prior to combustion were considered; 
however, there are no pretreatment systems found to be in use and the 
long-term effectiveness is unknown. Therefore, there is no add-on 
emission control technology that could be applied to the subcategory of 
stationary RICE to reduce HAP emissions. However, we are requiring 
these engines to meet a standard equal to the use of on-engine

[[Page 33822]]

controls to reduce HAP emissions, i.e., through a NMHC emission 
standard.
    For new emergency engines, aftertreatment-based beyond-the-floor 
options are not considered cost effective due to the very small 
reductions in HAP emissions that might be achieved through the use of 
catalyst-based technologies on new emergency stationary engines. In 
addition, there are concerns regarding the technical feasibility, long 
term durability, and effectiveness of emission control. Non-air quality 
health, environmental impacts and energy effects were not significant 
factors. Consequently, there is no HAP emission reduction that could be 
identified as MACT for new emergency use SI stationary RICE. Therefore, 
MACT is equal to the amount of engine-based control deemed BDT under 
the NSPS for this subcategory of SI engines. New and reconstructed SI 
emergency engines are required to meet the NMHC standard that is being 
proposed under the SI NSPS, i.e., 1.0 g/HP-hr, starting with engines 
manufactured after January 1, 2009.
    Add-on controls have been determined to be inappropriate for 
application to emergency engines; however, EPA believes that requiring 
on-engine controls to new emergency CI engines would be appropriate. 
The recently proposed NSPS for stationary CI engines set standards of 
performance for emergency engines based on engine-based, as opposed to 
aftertreatment-based, technologies. These standards equate to the Tier 
2 and Tier 3 emission standards for nonroad CI engines and are based on 
technologies such as combustion optimization and advanced fuel 
injection controls. EPA believed that these technologies were 
appropriate for emergency engines covered by the CI NSPS. EPA also 
believes that it is appropriate to require new stationary CI emergency 
engines less than or equal to 500 HP located at major sources to meet 
similar standards as emergency engines are required to under the CI 
NSPS. EPA does not see any reason why new emergency CI engines should 
be treated differently under the NESHAP. For the reasons provided, MACT 
for new stationary CI emergency engines less than or equal to 500 HP 
located at major sources is the level of control achieved by on-engine 
controls and will be required to meet the standards for emergency 
engines under the CI NSPS.
    b. Engines at Area Sources. Under section 112(k) of the CAA, EPA 
developed a national strategy to address air toxic pollution from area 
sources. The strategy is part of EPA's overall national effort to 
reduce toxics, but focuses on the particular needs of urban areas. 
Section 112(k) of the CAA requires EPA to list area source categories 
and to ensure 90 percent of the emissions from area sources are subject 
to standards pursuant to section 112(d) of the CAA. Under section 
112(k), the CAA specifically mandated that EPA develop a strategy to 
address public health risks posed by air toxics from area sources in 
urban areas. Section 112(k) of the CAA also mandates that the strategy 
achieve a 75 percent reduction in cancer incidence attributable to HAP 
emitted by stationary sources. As mentioned, stationary RICE are listed 
as a source category under the Urban Air Toxics Strategy developed 
under the authority of sections 112(k) and 112(c)(3) of the CAA. These 
area sources are subject to standards under section 112(d) of the CAA.
    Section 112(d)(5) of the CAA indicates that EPA may elect to 
promulgate standards or requirements to area sources ``which provide 
for the use of generally available control technologies or management 
practices by such sources to reduce emissions of hazardous air 
pollutants.'' For determining emission limitations, GACT standards can 
be more flexible requirements than MACT standards. For example, GACT 
standards do not have a requirement to set a control baseline or 
``floor'' that is equal to the average emission levels achieved by the 
best performing 12 percent of a type of facility, for existing sources, 
or the emission control achieved in practice by the best controlled 
similar source, for new sources. Therefore, EPA is permitted to 
consider costs and other factors during each phase of the GACT 
analysis. Control technology options available to be applied to 
stationary engines located at area sources are the same as those 
discussed for engines located at major sources.
    The standards being proposed in this action are applicable to 
stationary RICE located at area sources of HAP emissions. EPA has 
chosen to propose national standards, which not only focus on urban 
areas, but address emissions from area sources in all areas (urban and 
rural).
    For stationary RICE, it would not be practical or appropriate to 
limit the applicability to urban areas and EPA has determined that 
national standards are appropriate. Stationary RICE are located in both 
urban and rural areas. In fact, there are some rural areas with high 
concentrations of stationary RICE. Stationary RICE are employed in 
various industries used for both the private and public sector for a 
wide range of applications such as generator sets, irrigation sets, air 
and gas compressors, pumps, welders, and hydro power units. Stationary 
RICE may be used by private entities for agricultural purposes and be 
located in a rural area, or it may be used as a standby generator for 
an office building located in an urban area. Other stationary RICE may 
operate at large sources for electric power generation, transmission, 
or distribution purposes.
    EPA determined that stationary RICE are located all over the U.S., 
and EPA cannot say that these sources are more prevalent in certain 
areas of the country. Therefore, for the source category of stationary 
RICE, EPA is proposing national requirements without a distinction 
between urban and non-urban areas.
    For existing engines, GACT for engines located at area sources is 
equal to MACT for engines less than or equal to 500 HP located at major 
sources. For new sources, we are proposing the same requirements for 
GACT for engines located at area sources as we are for MACT for engines 
less than or equal to 500 HP located at major sources, except for new 
and reconstructed non-emergency 4SLB engines between 250 and 500 HP 
located at area sources. As discussed, new and reconstructed non-
emergency 4SLB engines between 250 and 500 HP located at major sources 
are required to meet the standards that were finalized for new 4SLB 
engines greater than 500 HP located at major sources (69 FR 33474). New 
4SLB engines at area sources will be required to meet the NMHC emission 
standards being proposed for SI engines under the NSPS.

C. How did EPA determine the compliance requirements?

    The following sections describe how EPA determined the compliance 
requirements for engines subject to the SI NSPS and NESHAP.
1. SI NSPS
    Unlike the NSPS for stationary CI engines, the compliance 
requirements for the SI NSPS contemplate that many new SI engines might 
not be certified by the manufacturer. EPA only requires a subset of 
stationary engines to be certified, and otherwise provides only for 
optional certification by engine manufacturers. The engines that are 
not required to be certified are those SI engines that are greater than 
19 KW (25 HP) that are not gasoline engines and that are not rich burn 
engines that use LPG. EPA does not believe it is feasible to require 
these engines to be certified due to fuel quality issues and other 
factors. Not only do gaseous fuel quality and properties vary 
significantly across

[[Page 33823]]

the country, gaseous-fueled stationary engines also have to be set up 
at each individual site to account for site-specific conditions. Due to 
varying gaseous fuel and conditions based on the physical location of 
the engine, manufacturers would not necessarily be able to define a set 
of operating conditions during the engine certification process that 
would guarantee a certain level of emissions from the engine. Instead, 
the engine would have to be adjusted in the field in order to meet the 
applicable standards. Lean burn engines that are using LPG are included 
in the voluntary certification program instead of the mandatory 
certification program because these engines are similar to gaseous-
fueled stationary engines.
    However, EPA does not preclude the possibility that some 
manufacturers may be able to certify some or all of their stationary 
gaseous-fueled, or lean burn LPG fueled, engines. EPA believes that a 
certification program that is somewhat different from the nonroad CI 
engine certification program, which allows for a wider range of fuel 
quality and for adjustment of the engine in the field according to the 
manufacturer's instructions, is feasible. EPA has written this proposed 
rule to allow engine manufacturers to voluntarily certify their 
stationary SI engines greater than 19 KW (25 HP) that use fuels such as 
natural gas.
    Should the engine manufacturer determine that it is feasible to 
certify their engine families, such certification would substantially 
reduce the burden for owners and operators purchasing those engines. 
These engine owners and operators would not be required to conduct 
performance testing should they purchase a certified engine.
    There are minimum specific compliance requirements for owners and 
operators subject to the SI NSPS that purchase certified engines. For 
certified engines, the testing performed by engine manufacturers during 
the certification process serves to demonstrate compliance with the 
emission limitations on an initial and ongoing basis until the end of 
the engine's useful life. The certification program reduces the burden 
on individual engine owners and operators and eliminates the 
requirement to do performance testing. In addition to engine 
certification, owners and operators of all engines subject to the 
proposed standards are required to operate and maintain their engine 
and control device (if any) according to the manufacturer's written 
instructions. This requirement is consistent with the CI NSPS and is a 
reasonable and non-burdensome requirement. EPA believes certification 
is the best option for ensuring initial and continuous compliance.
    If the manufacturer puts restrictions on the type of fuel to be 
used in an engine, or if the manufacturer requires specific 
configuration instructions to the owner or operator for installing the 
engine to ensure conformance to the standards as certified, then the 
owner or operator must follow those instructions and limitations in 
order to avoid the requirement to do its own testing or otherwise be in 
noncompliance with the regulations.
    For owners and operators of uncertified engines, EPA believes that 
performance testing is necessary to ensure compliance with the emission 
limitations. EPA believes it is appropriate to require an initial 
performance test for uncertified engines. Since these engines have not 
gone through the certification process where the engine has been 
rigorously tested to meet the required emission standards, on-site 
testing is the best way to ensure that the emission limitations have 
been met. Also, EPA is requiring that uncertified engines greater than 
500 HP be tested on a regular basis every 3 years, or 8,760 hours of 
operation, whichever comes first. EPA believes such a requirement is 
appropriate for these size engines, but does not believe that further 
testing is necessary for smaller engines, i.e., those less than or 
equal to 500 HP, unless these engines undergo major repair or 
maintenance or are rebuilt.
    EPA believes that certification is appropriate for stationary 
engines that are similar to nonroad engines or that are used for both 
nonroad and stationary applications. Therefore, EPA is requiring 
manufacturers of all new stationary engines 19 KW (25 HP) and below and 
all new gasoline engines and rich burn LPG engines to certify these 
engines using the provisions in 40 CFR parts 90 and 1048, as 
appropriate.
    In general, nonroad certification provisions specify that engine 
manufacturers must establish appropriate engine families and certify 
each engine family to the applicable emission standards using the fuel 
specifications required in those parts (40 CFR parts 90 and 1048). 
Manufacturers that voluntarily certify new stationary engines to the 
standards in this proposed rule are subject to similar requirements, 
with certain differences. Nonroad standards include evaporative and 
field testing emission standards, but those standards would not apply 
to manufacturers who participate in voluntary certification of 
stationary SI engines. The concept of useful life is also part of the 
nonroad engine certification program and is being proposed for 
voluntary certification, but different useful life values apply. Fuels 
used in engines potentially participating in the voluntary 
certification program, specifically natural gas and LPG, may have 
different compositions depending on the area the fuel is used. 
Manufacturers who choose to certify engines under EPA's proposed 
voluntary certification program must certify their natural gas engines 
using pipeline-quality natural gas meeting EPA's specifications defined 
in this proposed rule. The same is true for manufacturers certifying 
lean burn LPG engines under the proposed certification program and 
manufacturers must certify their engines for operation using fuel that 
meets the specifications in 40 CFR 1068.720.
    Alternatively, manufacturers can certify their engines on fuels 
other than, or in addition to, pipeline-quality natural gas. If so, the 
manufacturer must specify the properties and composition of the other 
fuel and must perform certification testing on the fuel it is 
certifying the engine on. If an aftertreatment device is needed, 
manufacturers who certify engines under the voluntary certification 
program would be required to certify their engines with the appropriate 
aftertreatment equipment. Manufacturers must provide information to the 
owner or operator as to the necessary adjustments to be made in the 
field upon installation in order to ensure that the engine meets the 
emission standards demonstrated during factory certification. This 
provision would allow the owner or operator to run the engine on fuels 
that are within the range of properties specified by the manufacturer 
in the certification. The engine certification is valid, provided that 
the owner or operator uses the fuels specified by the engine 
manufacturer.
    EPA is proposing to include restrictions on the import of 
stationary SI ICE <=19 KW (25 HP), stationary rich burn LPG SI engines 
and stationary gasoline SI ICE to prevent the importation of engines 
that do not meet the applicable requirements of this proposed rule. 
This proposed rule includes a provision that prohibits importers from 
bringing into the U.S. stationary SI ICE <=19 KW (25 HP), stationary 
rich burn LPG SI engines and gasoline SI ICE that do not meet the 
emission standards specified in this proposed rule after certain dates. 
The proposed dates for limiting the

[[Page 33824]]

importation of engines into the U.S. provides sufficient time to 
account for the time that may be required to bring an engine into the 
U.S., and EPA believes it is appropriate to propose importation dates 
that provides for such flexibility. We are limiting this restriction 
only to stationary SI ICE <=19 KW (25 HP) and to stationary gasoline 
and rich burn LPG SI ICE because these are the only types of SI ICE 
that would have an emissions certification requirement. All other SI 
ICE would not be required to certify their emissions--unless the 
manufacturer chooses the option to certify--thus, the compliance burden 
would fall on the owner/operator of the engine.
2. NESHAP
    Overall, the NESHAP compliance requirements are very similar to the 
compliance requirements discussed above for the SI NSPS. Again, EPA is 
proposing requirements that often rely on, or allow for, engine 
certification by manufacturers. The testing that manufacturers conduct 
during the certification process for such engines will ensure that the 
engine is in compliance throughout its useful life. EPA believes 
relying on engine certification is appropriate and no additional 
testing is being proposed for certified engines.
    For those engines that will not be certified by engine 
manufacturers, EPA is proposing that owners and operators conduct 
initial performance testing to demonstrate compliance with the emission 
standards. Since there is no official certification testing by engine 
manufacturers on these engines, performance testing when the engine is 
installed in the field is appropriate. This is the best way to ensure 
that the engine meets the emission standards.
    In addition to requiring initial performance testing for those 
engines subject to the NESHAP that are not certified, uncertified 
engines greater than 500 HP must conduct additional performance testing 
every 3 years or 8,760 hours of operation, whichever comes first. 
Unless engines subject to the NESHAP less than or equal to 500 HP 
undergo major repair or maintenance or are rebuilt, no further testing 
is required for these engines. EPA believes that subsequent performance 
testing is appropriate for engines greater than 500 HP due to their 
size. Many States mandate more stringent compliance requirements for 
large engines and the RICE NESHAP for engines greater than 500 HP 
located at major sources also required further performance testing 
following the initial compliance demonstration. Finally, EPA expects 
engines that are greater than 500 HP are less likely to be certified 
since they are not mass-produced, and it would be less cost effective 
for manufacturers to certify them.
    All engines subject to the NESHAP are required to operate and 
maintain their stationary engine and control device (if any) according 
to the manufacturer's written instructions.

D. How did EPA determine the reporting and recordkeeping requirements?

    The following sections describe how EPA determined the reporting 
and recordkeeping requirements for engines subject to the SI NSPS and 
NESHAP.
1. SI NSPS
    For engines subject to the SI NSPS, EPA is proposing that owners 
and operators maintain records of proper maintenance. If the engine is 
certified, the owner or operator must keep documentation from the 
manufacturer that the engine is certified to meet the emission 
standards. EPA does not expect this to be a burdensome requirement and 
thinks that, in many cases, owners and operators may be documenting 
this information already. An initial notification is required for 
uncertified engines greater than 500 HP. Also, owners and operators who 
conduct performance testing are required to report the test results 
each time a performance test is conducted.
    Owners and operators of emergency engines are required to keep 
records of their hours of operation (emergency and non-emergency). 
Owners and operators must install a non-resettable hour meter on their 
engines to record the necessary information. The owner and operators 
are required to record the time of operation and the reason the engine 
was in operation during that time. EPA believes these requirements are 
appropriate for emergency engines. The requirement to maintain records 
documenting why the engine was operating will ensure that regulatory 
agencies have the necessary information to determine if the engine was 
in compliance with the maintenance and testing hour limitation of 100 
hours per year.
2. NESHAP
    Similar to the SI NSPS, engines subject to the NESHAP are also 
required to maintain records of proper maintenance. Again, EPA does not 
expect this to be a burdensome requirement and thinks that, in many 
cases, owners and operators may be documenting this information 
already. If the engine is certified, the owner or operator must keep 
documentation from the manufacturer that the engine is certified to 
meet the emission standards. Further, an initial notification is 
required for stationary SI engines greater than 500 HP that are not 
certified. Also, owners and operators of engines that are not certified 
must conduct performance testing to demonstrate compliance with the 
emission standards and are required to report the test results each 
time a performance test is conducted.
    Consistent with the SI NSPS, owners and operators of emergency 
engines subject to the NESHAP are also required to keep records of 
their hours of operation. Under the NESHAP, this requirement applies 
not only to SI emergency engines, but to CI emergency engines as well. 
Owners and operators must install a non-resettable hour meter on their 
engines to record the necessary information. EPA believes these 
requirements are appropriate for emergency engines and are consistent 
with what was proposed for new CI engines under the NSPS.
    Owners and operators of new and reconstructed stationary RICE which 
fire landfill or digester gas equivalent to 10 percent or more of the 
gross heat input on an annual basis affected by 40 CFR part 63, subpart 
ZZZZ, must monitor and record the fuel usage daily with separate fuel 
meters to measure the volumetric flow rate of each fuel. This 
requirement is appropriate and consistent with fuel monitoring 
requirements for engines greater than 500 HP located at major sources.

E. Why Did EPA Determine to Exempt Area Sources From Title V Permit 
Requirements?

    Section 502(a) of the CAA specifies the sources that are required 
to obtain operating permits under title V. These sources include (1) 
any affected source subject to the acid deposition provisions of title 
IV of the CAA, (2) any major source, (3) any source required to have a 
permit under parts C or D of title I of the CAA, (4) ``any other source 
(including an area source) subject to standards under section 111 
(NSPS) or 112 (NESHAP),'' and (5) any other stationary source in a 
category designated by regulations promulgated by the Administrator.
    Section 502(a) of the CAA also provides that the Administrator may 
``promulgate regulations to exempt one or more source categories (in 
whole or in part) from the requirements of this subsection if the 
Administrator finds that compliance with such requirements is 
impracticable, infeasible, or unnecessarily burdensome on such 
categories, except that the Administrator may not exempt any major 
source from

[[Page 33825]]

such requirements.'' EPA has exempted many area sources subject to CAA 
section 111 or 112 standards from title V requirements in prior 
rulemakings, in particular see a recent final rule, 70 FR 75320, 
December 19, 2005, that provides additional background information and 
rationale for such exemptions for a large number of area sources 
subject to CAA section 112 standards.
    In the case of affected stationary engines located at area sources, 
EPA believes compliance with permit requirements under title V would be 
impracticable, infeasible and unnecessarily burdensome for the reasons 
explained below.
    First, title V permits would be unnecessarily burdensome for area 
sources subject to this proposed rule because title V would not result 
in significant improvements to compliance with the CAA section 111 and 
112 standards for the area sources. (The term ``title V permits'' used 
here refers to permits issued under 40 CFR parts 70 or 71 by either a 
State or local agency or EPA.) For a great number of these area 
sources, these engines are the only emission source and the owner/
operator (often a hospital or a school) will not be at all familiar 
with the requirements for permits.
    To demonstrate compliance with these CAA section 111 and 112 
standards, the NSPS require the owner or operator of the area source to 
either purchase a certified stationary SI engine or to conduct 
performance testing. Certification that the engine meets the emission 
reduction requirements of this proposed rule is done by the 
manufacturer of the engine, rather than the area source that owns or 
operates the engine. This strategy places a significant amount of 
responsibility for compliance with the standard on the manufacturer, 
compared to many other emission standards that place the compliance 
responsibility on the owner or operator.
    The strategy of this proposed rule of requiring the manufacture of 
cleaner burning emission sources for many of the affected engines 
(manufacturer-based controls) has been employed in other CAA section 
111 standards, for example, the NSPS for new residential woodstoves 
(subpart AAA of 40 CFR part 60). We exempted area sources subject to 
the woodstove NSPS in the final rule for part 70 (57 FR 32250, July 21, 
1992) for reasons similar to these we describe today for stationary SI 
engines. (See 40 CFR 70.3(b)(4) and 40 CFR 71.3(b)(4).)
    For those engines that are not certified and located at area 
sources, EPA believes it would be unnecessarily burdensome to require 
title V permits. Many of these engines are small consumer items that 
are owned by sources that are not otherwise regulated. Also, title V 
would not result in significant improvements to compliance with the 
standard for these area sources because the CAA section 111 and 112 
standards themselves contains adequate compliance requirements for 
these area sources, consistent with the CAA, without relying on title 
V. For example, owners and operators of engines that are not certified 
have to conduct performance testing to demonstrate compliance with the 
proposed emission standards. Notification, recordkeeping, and reporting 
requirements are also proposed for these sources that own and operator 
engines that are not certified and combined with performance testing 
requirements provide adequate assurance that area sources are in 
compliance with CAA section 111 and 112 standards.
    Second, title V would impose certain burdens and costs on area 
sources subject to this proposed rule that EPA does not believe are 
justified when compared to the potential for title V permits to improve 
compliance with the CAA section 111 and 112 standards for such sources. 
This is so because EPA believes the costs and burdens of title V 
permits for the typical area sources subject to this proposed rule 
would be significant. This assessment is not based on any particular 
empirical data or study but on a review of the types of stand-alone 
area sources that would be subject to this proposed rule. (See current 
ICR for 40 CFR part 70, EPA ICR  1587.06 and OMB control 
number 2060-0243 for EPA's best estimate of the burdens and costs of 
title V for sources subject to 40 CFR part 70 on a national, aggregate 
basis.) Also, as explained above, EPA's judgment is that requiring 
operating permits for these area sources would not result in 
significant improvements to compliance over that already required by 
this proposed rule. Thus, the burdens and cost of title V for these 
area sources would be significant, and in any case, they will be 
unnecessary and not justified, when compared to the low potential for 
title V permits to improve compliance for them, consistent with the 
``unnecessarily burdensome'' criterion of section 502(a) of the CAA.
    Thus, we have decided to propose to exempt area sources subject to 
this proposed rule from title V operating permit requirements under 40 
CFR part 70 and 40 CFR part 71, and we have incorporated language in 
this proposed rule to specify this. Under this approach title V 
exemptions are allowed for an area source, provided the area source is 
not required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) 
for another reason, such as when the source becomes a major source.
    Also note that this exemption only affects whether an area source 
is required to obtain an operating permit, it has no bearing on any 
other requirements of this proposed rule.

V. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    This proposed rule is estimated to reduce NOX emissions 
from stationary SI ICE by an estimated 66,000 tons per year (tpy), CO 
emissions by about 38,000 tpy, NMHC emissions by about 2,000 tpy, and 
HAP emissions by approximately 800 tpy in the year 2015. This proposed 
rule is estimated to reduce NOX emissions by 73,000 tpy, CO 
emissions by 41,000 tpy, NMHC emissions by 2,000 tpy, and HAP emissions 
by 900 tpy in the year 2020. This proposed rule is estimated to reduce 
NOX emissions by 88,000 tpy, CO emissions by 48,000 tpy, 
NMHC emissions by 3,000 tpy, and HAP emissions by 1,000 tpy in the year 
2030.
    EPA estimates that a total of about 150,000 stationary SI engines 
will be affected by this proposed rule by the year 2015. A total of 
433,000 stationary SI engines will be affected by the year 2030. An 
estimated 623,000 stationary CI engines will be affected by this 
proposed rule by the year 2015. However, stationary CI engines affected 
by this proposed rule would also be subject to the CI NSPS. Further 
information regarding the estimated reductions of this proposed rule 
can be found in the memorandum entitled ``Cost Impacts and Emission 
Reductions Associated with Proposed NSPS for Stationary SI ICE and 
NESHAP for Stationary RICE,'' which is available in the docket.

B. What are the cost impacts?

    The total national capital cost for this proposed rule is estimated 
to be approximately $37 million in the year 2015, with a total national 
annual cost of $17 million in the year 2015. In the year 2020, the 
total national capital and annual costs for this proposed rule are 
estimated to be $40 million and $18 million, respectively. In the year 
2030, the total national capital and annual costs for this proposed 
rule are estimated to be $47 million and $20 million, respectively.

C. What are the economic impacts?

    The economic impacts of this proposed rule are estimated in terms 
of

[[Page 33826]]

changes in price and output for affected producers defined by industry 
and affected consumers. These price and output changes are estimated 
for four industries that may be affected by this proposed rule: NAICS 
333912 (Pump and Compressor Manufacturing), NAICS 333911 (Pump and 
Pumping Equipment Manufacturing), NAICS 335312 (Motor and Generator 
Manufacturing), and NAICS 33399P (All other Miscellaneous General 
Purpose, Machinery). Prices are expected to increase by no more than 
0.08 percent for output from any of the industries affected by this 
proposed rule. Affected output is expected to decrease by no more than 
0.003 percent from any of these industries. The decrease in total 
surplus (consumer + producer surplus) is about $11 million, or less 
than 0.1 percent.
    As part of the assessment of the economic impacts of this proposal, 
EPA has estimated the health benefits of reducing NOX 
emissions as a result of this proposed rule. For the reduction of 
66,000 tons of NOX, we estimate that the human health 
benefits in the year 2015 will be in the range of $72 million to $765 
million, or about 4 to 40 times the annual cost in that year. To get 
this estimate, we assumed that each ton of NOX reduced was 
worth in the range of $1,100 to $11,600 in human health benefits. In 
developing this estimate, EPA is using the approach and methodology 
laid out in the document titled ``Validating Regulatory Analysis: 2005 
Report to Congress by OMB.''
    EPA plans to do a more extensive calculation of the benefits of 
this rulemaking during the development of the final rule. Executive 
Order 12866 and OMB Circular A-4 require the estimation of the costs, 
benefits and economic impacts for any significant regulatory action 
with an annual impact on the economy of greater than $100 million. For 
the final rulemaking, EPA will perform a more extensive assessment of 
the human health benefits and provide a more complete characterization 
of the uncertainty in its estimate as outlined in the OMB Circular A-4 
guidance.

D. What are the non-air health, environmental and energy impacts?

    EPA does not anticipate any significant non-air health, 
environmental or energy impacts as a result of this proposed rule.

VI. Solicitation of Public Comments and Public Participation

    EPA seeks full public participation in arriving at its final 
decisions, and strongly encourages comments on all aspects of this 
proposed rule from all interested parties. Whenever applicable, full 
supporting data and detailed analysis should be submitted to allow EPA 
to make maximum use of the comments. The Agency invites all parties to 
coordinate their data collection activities with EPA to facilitate 
mutually beneficial and cost-effective data submissions.
    Specifically, we request comments on the issue of measuring NMHC 
emissions. Hydrocarbons are a by-product of the combustion of fuel from 
stationary engines. Because methane is orders of magnitude less 
reactive in the atmosphere than other hydrocarbons, it is often 
excluded from emission estimates. Therefore, NMHC emission standards 
are sometimes used to regulate emissions of hydrocarbons from fuel 
combustion sources. The emissions of NMHC are the measured hydrocarbon 
components detected using a Flame Ionization Detector (FID), 
subtracting out the methane concentration. Most hydrocarbons can be 
measured with an FID, with the exception of oxygenated compounds. Many 
of these oxygenated compounds, which include formaldehyde, 
acetaldehyde, methanol, and acrolein, have been identified as HAP 
emitted in high quantities from stationary engines. Formaldehyde was 
found to be the most significant HAP, comprising more than 70 percent 
of all HAP emissions from stationary natural gas fired engines. EPA 
recognizes that test methods which measure NMHC commonly do not measure 
formaldehyde. However, EPA has found that there is a linear correlation 
with NMHC emissions and formaldehyde emissions, and is proposing that 
NMHC be used as a surrogate for formaldehyde emissions from stationary 
SI ICE. EPA recognizes that measuring NMHC directly does not measure 
HAP such as formaldehyde, and requests comments on this issue.
    We also request comment on our proposed approach for emergency SI 
engines. The proposed standards for emergency SI engines require the 
same levels of emissions as the proposed Phase 1 standards for non-
emergency SI natural gas engines, except that additional lead time is 
provided. EPA recognizes that emergency SI engines must satisfy unique 
demands and performance requirements. We request comment on the costs, 
emission reductions and technical feasibility of the standards for 
rich-burn and lean-burn SI emergency engines and any potential 
difficulties associated with the proposed standards for emergency SI 
engines. In addition, we are also requesting comment on our proposal to 
allow the use of propane for up to 100 hours per year for emergency 
backup purposes even if the engine is not designed to operate on 
propane. Industry requested that such an allowance would be appropriate 
to include in the rule.
    In addition, we are requesting comment on the proposed emission 
standards for landfill and digester gas fired engines that are rich 
burn engines. While we recognize that there are issues related to the 
application of add-on controls to engines firing landfill and digester 
gas, we believe that the emission standards proposed can be met by lean 
burn engine designs. Information we have received during the proposal 
indicates that the majority of landfill gas applications are using lean 
burn engines, therefore, we do not expect any problems complying with 
the proposed standards as the standards can be met through on-engine 
controls. However, there may be a few stationary engines that are rich 
burn engines that may have problems complying with the proposed 
emission standards if they are burning landfill or digester gas. We 
request comments on how common rich burn engines are in such 
applications. We are also requesting comments on the costs, emission 
reductions and technical feasibility of the proposed second phase of 
standards for SI landfill/digester gas engines under the NSPS that 
would tighten the NOX limit from 3 to 2 g/bhp-hr.
    Finally, we are requesting comment on our proposed approach for 
addressing engines using LPG. In the proposal we are treating rich burn 
engines that use LPG and lean burn engines that use LPG differently. We 
are proposing to regulate rich burn engines that use LPG with gasoline 
engines, and lean burn engines that use LPG with natural gas engines. 
We are requesting comment on this proposed regulatory regime for 
stationary SI engines that use LPG.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether a regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the

[[Page 33827]]

economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has notified 
EPA that it considers this a ``significant regulatory action'' within 
the meaning of the Executive Order. EPA has submitted this action to 
OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The Information Collection Request (ICR) 
document prepared by EPA has been assigned EPA ICR number 2227.01.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NSPS General 
Provisions (40 CFR part 60, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to Agency policies set 
forth in 40 CFR part 2, subpart B.
    This proposed rule will not require any notifications or reports 
beyond those required by the General Provisions. The recordkeeping 
requirements require only the specific information needed to determine 
compliance.
    The annual monitoring, reporting, and recordkeeping burden for this 
collection (averaged over the first 3 years after the effective date of 
the final rule) is estimated to be 132,381 labor hours per year at a 
total annual cost of $18,475,453. This estimate includes a one-time 
notification for engines greater than 500 HP that are not certified, 
engine certification, engine performance testing, and recordkeeping. 
There are no capital/start-up costs associated with the monitoring 
requirements over the 3-year period of the ICR. The operation and 
maintenance costs for the monitoring requirements over the 3-year 
period of the ICR are estimated to be $8,964,391 per year.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including the use of automated collection 
techniques, EPA has established a public docket for this rule, which 
includes this ICR, under Docket ID number EPA-HQ-OAR-2005-0030. Submit 
any comments related to the ICR for this proposed rule to EPA and OMB. 
See Addresses section at the beginning of this notice for where to 
submit comments to EPA. Send comments to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for 
EPA. Since OMB is required to make a decision concerning the ICR 
between 30 and 60 days after June 12, 2006, a comment to OMB is best 
assured of having its full effect if OMB receives it by July 12, 2006. 
The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined as: (1) A small business based 
on the following Small Business Administration (SBA) size standards, 
which are based on employee size: NAICS 333911--Pump and Pumping 
Equipment Manufacturing--500 employees or less; NAICS 333912--Pump and 
Compressor Manufacturing--500 employees or less; NAICS 33399P--All 
other Miscellaneous General Purpose, Machinery--500 employees or less; 
and NAICS 335312--Motor and Generator Manufacturing--1,000 employees or 
less; (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 more information, refer to http://www.sba.gov/size/sizetable2002.html. The small entity impacts of this 
proposed rule are estimated in terms of comparing the compliance costs 
to revenues at affected firms. For more detail, see the current 
Economic Impact and Small Business Analysis in the public docket.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this proposed rule will not have a 
significant economic impact on a substantial number of small entities. 
This proposed rule is expected to affect 21 ultimate parent businesses. 
Five of the parent businesses are small according to the SBA small 
business size standard. One of these 5 firms would have an annualized 
cost of more than 1 percent of sales associated with meeting the 
requirements; the estimated cost is between 3 and 4 percent for this 
small firm. Also, no other adverse impacts are expected to these 
affected small businesses.
    For more information on the small entity impacts associated with 
this proposed rule, please refer to the Economic Impact and Small 
Business Analyses in the public docket.
    Although this proposed rule would not have a significant economic 
impact on a substantial number of small entities, we nonetheless tried 
to reduce

[[Page 33828]]

the impact of this proposed rule on small entities. When developing the 
revised standards, we took special steps to ensure that the burdens 
imposed on small entities were minimal. We conducted several meetings 
with industry trade associations to discuss regulatory options and the 
corresponding burden on industry, such as recordkeeping and reporting.
    Following publication of this proposed rule, copies of the Federal 
Register action and, in some cases, background documents, will be 
publicly available to all industries, organizations, and trade 
associations that have had input during the regulation development, as 
well as State and local agencies. We continue to be interested in the 
potential impacts of this proposed rule on small entities and welcome 
comments on issues related to such impacts.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least-costly, most cost-effective, or least-burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that this proposed 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. Thus, this proposed rule is not subject 
to the requirements of sections 202 and 205 of the UMRA. In addition, 
EPA has determined that this proposed rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments because it contains no requirements that apply to such 
governments or impose obligations upon them. Therefore, this proposed 
rule is not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) requires us to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This proposed rule primarily 
affects private industry, and does not impose significant economic 
costs on State or local governments. Thus, Executive Order 13132 does 
not apply to this proposed rule. In the spirit of Executive Order 
13132, and consistent with EPA policy to promote communications between 
EPA and State and local governments, EPA specifically solicits comment 
on this proposed rule from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000) 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications. It will not have substantial direct effects 
on tribal governments, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this proposed rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that: (1) Is determined to be ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that we have reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, we must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives.
    We interpret Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This proposed rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211 (66 FR 28355, May 22, 2001) provides that 
agencies shall prepare and submit to the Administrator of the Office of 
Information and Regulatory Affairs, Office of Management and Budget, a 
Statement of Energy Effects for certain actions identified as 
``significant energy

[[Page 33829]]

actions.'' Section 4(b) of Executive Order 13211 defines ``significant 
energy actions'' as ``any action by an agency (normally published in 
the Federal Register) that promulgates or is expected to lead to the 
promulgation of a final rule or regulation, including notices of 
inquiry, advance notices of proposed rulemaking, and notices of 
proposed rulemaking: (1) (i) That is a significant regulatory action 
under Executive Order 12866 or any successor order, and (ii) is likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy; or (2) that is designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action.'' This proposed rule is a significant energy action as 
designated by the Administrator of the Office of Information and 
Regulatory Affairs. We have, therefore, prepared a Statement of Energy 
Effects for this action as follows.
    The increase in petroleum product output, which includes increases 
in fuel production, is estimated at less than 0.00001 percent, or about 
10 barrels per day based on 2006 U.S. fuel production nationwide. The 
reduction in coal production is zero since no coal-fired units will be 
affected by the requirements of this proposed rule. The reduction in 
electricity output is estimated at 0.00002 percent, or about 88,000 
kilowatt-hours per year based on 2006 U.S. electricity production 
nationwide. Production of natural gas is expected to decrease by 
286,000 cubic feet (ft \3\) per day, a decrease of 0.00002 percent from 
2006 U.S. production levels. The maximum of all energy price increases, 
which include increases in natural gas prices as well as those for 
petroleum products, and electricity, is estimated to be 0.0001 percent 
nationwide. Energy distribution costs may increase by roughly no more 
than the same amount as electricity rates. We expect that there will be 
no discernable impact on the import of foreign energy supplies, and no 
other adverse outcomes are expected to occur with regards to energy 
supplies. The increase in cost of energy production should be minimal 
given the very small increases in energy prices and outputs shown 
above. All of the estimates presented above account for some pass-
through of costs to consumers as well as the direct cost impact to 
producers. For more information on these estimated energy effects, 
please refer to the economic impact analysis for the proposed rule. 
This analysis is available in the public docket.
    Therefore, we conclude that the proposed rule when implemented will 
not have a significant adverse effect on the supply, distribution, or 
use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. No. 104-113, section 12(d), 15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in their 
regulatory and procurement 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, business practices) 
developed or adopted by one or more voluntary consensus bodies. The 
NTTAA directs EPA to provide Congress, through annual reports to the 
OMB, with explanations when an agency does not use available and 
applicable voluntary consensus standards.
    This proposed rule involves technical standards. EPA cites the 
standard test procedures in 40 CFR part 1048, subpart F, Sec. Sec.  
1048.501-515. Other test methods cited in this proposed rule are EPA 
Methods 1, 1A, 3, 3A, 3B, 4, 10, 18, 25, and 25A of 40 CFR part 60, EPA 
Methods 320 or 323 of 40 CFR part 63, appendix A, EPA Performance 
Specifications (PS) 3 and 4A; and ASTM D6522-00 (2005) (for Method 3A 
and 10) and D6348-03 (for Method 320 or 323). Consistent with the 
NTTAA, EPA conducted searches to identify voluntary consensus standards 
in addition to these methods. No applicable voluntary consensus 
standards were identified for EPA Method 1A, PS 3 and 4A, and the 
nonroad test procedures in 40 CFR part 1048, subpart F, sections 
1048.501-515. The search and review results have been documented and 
are placed in the docket (Docket ID No. EPA-HQ-OAR-2005-0030) for this 
proposed rule.
    One potentially applicable voluntary consensus standard that was 
identified is not acceptable as an alternative as written, but may be 
acceptable if minor adjustments are made to the procedures. EPA invites 
comments on the use of this ISO standard for this proposed rule. The 
voluntary consensus standard ISO 8178-1:1996, ``Reciprocating ICE--
Exhaust Emission Measurement--Part 1: Test-bed Measurement of Gaseous 
and Particulate Exhaust Emissions,'' is not acceptable as an 
alternative to the test procedures in Sec.  60.4240 of this proposed 
rule (specifically 40 CFR 86.1310) for the following reasons. Although 
ISO 8178-1:1996 has many of the features of EPA test procedures, the 
ISO standard allows the gaseous measurements to be made in an undiluted 
sample whereas EPA procedures in 40 CFR 86.1310 require at least one 
dilution of the sample. The ISO method does allow the gaseous 
measurements to be made during the double diluted sampling procedures 
for particulate matter, but it is not required by the ISO method. Also, 
in the measurement of hydrocarbons, the ISO method only specifies that 
the sample lines are to be maintained above 70 [deg]C and advises that 
the flow capacity of the sample lines is used to prevent condensation. 
In EPA procedures in 40 CFR 86.1310, the sample lines must be 
maintained at 191 [deg]C during the hydrocarbon tests to prevent 
condensation.
    Two voluntary consensus standards were identified as appropriate to 
this proposed rule. The voluntary consensus standard ASTM D6420-99 
(2004), ``Standard Test Method for Determination of Gaseous Organic 
Compounds by Direct Interface Gas Chromatography-Mass Spectrometry (GC/
MS),'' is appropriate in the cases described below for inclusion in 
this proposed rule in addition to EPA Method 18 codified at 40 CFR part 
60, appendix A, for measurement of total nonmethane organic. Therefore, 
the standard ASTM D6420-99 is cited in this proposed rule.
    Similar to EPA's performance-based Method 18, ASTM D6420-99 is also 
a performance-based method for measurement of total gaseous organic 
compounds. However, ASTM D6420-99 was written to support the specific 
use of highly portable and automated GC/MS. While offering advantages 
over the traditional Method 18, the ASTM method does allow some less 
stringent criteria for accepting GC/MS results than required by Method 
18. Therefore, ASTM D6420-99 is a suitable alternative to Method 18 
only where:
    (1) The target compound(s) are those listed in section 1.1 of ASTM 
D6420-99, and
    (2) The target concentration is between 150 ppbv and 100 ppmv.
    For target compound(s) not listed in section 1.1 of ASTM D6420-99, 
but potentially detected by mass spectrometry, the regulation specifies 
that the additional system continuing calibration check after each run, 
as detailed in section 10.5.3 of the ASTM method, must be followed, 
met, documented, and submitted with the data report even if there is no 
moisture condenser used or the compound is not considered water 
soluble. For target compound(s) not listed in section 1.1 of ASTM 
D6420-99, and not amenable to detection by mass spectrometry, ASTM 
D6420-99 does not apply.

[[Page 33830]]

    As a result, EPA will cite ASTM D6420-99 in this proposed rule. EPA 
will also cite Method 18 as a GC option in addition to ASTM D6420-99. 
This will allow the continued use of GC configurations other than GC/
MS.
    The voluntary consensus standard ASME PTC 19-10-1981--Part 10, 
``Flue and Exhaust Gas Analyses,'' is cited in this proposed rule for 
its manual method for measuring the O2 content of exhaust 
gas. This part of ASME PTC 19-10-1981--Part 10 is an acceptable 
alternative to Method 3B.
    The search for emissions measurement procedures identified ten 
other voluntary consensus standards. EPA determined that nine of these 
ten standards identified for measuring emissions of the HAP or 
surrogates subject to emission standards in this proposed rule were 
impractical alternatives to EPA test methods for the purposes of this 
proposed rule. Therefore, EPA does not intend to adopt these standards 
for this purpose. (See the rulemaking docket for the reasons for this 
determination for these nine standards.)
    One of the ten voluntary consensus standards identified in this 
search were not available at the time the review was conducted for the 
purposes of this rule because it is under development by a voluntary 
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity 
Traverse,'' possibly for EPA Method 1.
    Sections 60.4240 and 63.6620 of this proposed rule lists the 
testing methods included in the regulation. Under Sec. Sec.  60.8, 
60.13, 63.7(f) and 63.8(f) of subpart A to the General Provisions, a 
source may apply to EPA for permission to use alternative test methods 
or alternative monitoring requirements in place of any required testing 
methods, performance specifications, or procedures.

List of Subjects

40 CFR Part 60

    Administrative practice and procedure, Air pollution control, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
Hazardous substances, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 85

    Imports, Labeling, Motor vehicle pollution, Reporting and 
recordkeeping requirements, Research, Warranties.

40 CFR Part 90

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1048

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

    Administrative practice and procedure, Air pollution control, 
Reporting and recordkeeping requirements, Research.

40 CFR Part 1068

    Administrative practice and procedure, Imports, Motor vehicle 
pollution, Penalties, Reporting and recordkeeping requirements, 
Warranties.

    Dated: May 23, 2006.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be 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.

    2. Part 60 is amended by adding subpart JJJJ to read as follows:
Subpart JJJJ--Standards of Performance for Stationary Spark Ignition 
Internal Combustion Engines

What This Subpart Covers

Sec.
60.4230 Am I subject to this subpart?

Emission Standards for Manufacturers

60.4231 What emission standards must I meet if I am a manufacturer 
of stationary SI internal combustion engines?
60.4232 How long must my engines meet the emission standards if I am 
a manufacturer of stationary SI internal combustion engines?

Emission Standards for Owners and Operators

60.4233 What emission standards must I meet if I am an owner or 
operator of a stationary SI internal combustion engine?
60.4234 How long must I meet the emission standards if I am an owner 
or operator of a stationary SI internal combustion engine?

Other Requirements for Owners and Operators

60.4235 What fuel requirements must I meet if I am an owner or 
operator of a stationary SI gasoline fired internal combustion 
engine subject to this subpart?
60.4236 What is the deadline for importing or installing stationary 
SI ICE produced in the previous model year?
60.4237 What are the monitoring requirements if I am an owner or 
operator of an emergency stationary SI internal combustion engine?

Compliance Requirements for Manufacturers

60.4238 What are my compliance requirements if I am a manufacturer 
of stationary SI internal combustion engines <=19 KW (25 HP)?
60.4239 What are my compliance requirements if I am a manufacturer 
of stationary SI internal combustion engines >19 KW (25 HP) that use 
gasoline?
60.4240 What are my compliance requirements if I am a manufacturer 
of stationary SI internal combustion engines >19 KW (25 HP) that are 
rich burn engines that use LPG?
60.4241 What are my compliance requirements if I am a manufacturer 
of stationary SI internal combustion engines participating in the 
voluntary certification program?
60.4242 What other requirements must I meet if I am a manufacturer 
of stationary SI internal combustion engines?

Compliance Requirements for Owners and Operators

60.4243 What are my compliance requirements if I am an owner or 
operator of a stationary SI internal combustion engine?

Testing Requirements for Owners and Operators

60.4244 What test methods and other procedures must I use if I am an 
owner or operator of a stationary SI internal combustion engine?

Notification, Reports, and Records for Owners and Operators

60.4245 What are my notification, reporting, and recordkeeping 
requirements if I am an owner or operator of a stationary SI 
internal combustion engine?

Definitions

60.4246 What definitions apply to this subpart?

Tables to Subpart JJJJ of Part 60

Table 1 to Subpart JJJJ of Part 60--NOX, NMHC, and CO 
Emission Standards in g/HP-hr for Stationary SI Engines >25 HP 
(except Gasoline and Rich Burn LPG Engines)
Table 2 to Subpart JJJJ of Part 60--Requirements for Performance 
Tests

What This Subpart Covers


Sec.  60.4230  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary spark

[[Page 33831]]

ignition (SI) internal combustion engines (ICE) as specified in 
paragraphs (a)(1) through (5) of this section. For the purposes of this 
subpart, the date that construction commences is the date the engine is 
ordered by the owner or operator.
    (1) Manufacturers of stationary SI ICE with a maximum engine power 
less than or equal to 19 kilowatt (KW) (25 horsepower (HP)) that are 
manufactured on or after January 1, 2008.
    (2) Manufacturers of stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) that are gasoline fueled or that are rich 
burn engines fueled by liquefied petroleum gas (LPG), where the date of 
manufacture is:
    (i) On or after July 1, 2007, for engines with a maximum engine 
power greater than or equal to 500 HP,
    (ii) On or after January 1, 2008, for engines with a maximum engine 
power less than 500 HP.
    (3) Manufacturers of stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) that are not gasoline fueled and are not 
rich burn engines fueled by LPG, where the manufacturer participates in 
the voluntary manufacturer certification program described in this 
subpart and where the date of manufacture is:
    (i) On or after July 1, 2007, for engines with a maximum engine 
power greater than or equal to 500 HP,
    (ii) On or after January 1, 2008, for engines with a maximum engine 
power less than 500 HP,
    (iii) On or after January 1, 2009, for emergency engines.
    (4) Owners and operators of stationary SI ICE that commence 
construction after June 12, 2006 where the stationary SI ICE are 
manufactured:
    (i) On or after July 1, 2007, for engines with a maximum engine 
power greater than or equal to 500 HP,
    (ii) On or after January 1, 2008, for engines with a maximum engine 
power less than 500 HP,
    (iii) On or after January 1, 2009, for emergency engines with a 
maximum engine power greater than 19 KW (25 HP) that are not gasoline 
fueled and are not rich burn engines fueled by LPG.
    (5) Owners and operators of stationary SI ICE that commence 
modification or reconstruction after June 12, 2006.
    (b) The provisions of this subpart are not applicable to stationary 
SI ICE being tested at an engine test cell/stand.
    (c) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from the obligation to obtain a permit 
under 40 CFR part 70 or 40 CFR part 71, provided you are not required 
to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason 
other than your status as an area source under this subpart. 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart as applicable.
    (d) For the purposes of this subpart, stationary SI ICE using 
alcohol-based fuels are considered gasoline engines.
    (e) Stationary SI ICE used for national security are eligible for 
exemption from the requirements of this subpart as described in 40 CFR 
1068.225, except that owners and operators, as well as manufacturers, 
may be eligible to request this exemption.

Emission Standards for Manufacturers


Sec.  60.4231  What emission standards must I meet if I am a 
manufacturer of stationary SI internal combustion engines?

    (a) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power less than 
or equal to 19 KW (25 HP) manufactured on or after January 1, 2008 to 
the certification emission standards and other requirements for new 
nonroad SI engines in 40 CFR part 90.
    (b) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) that use gasoline and that are manufactured on or 
after the applicable date in Sec.  60.4230(a)(2) to the certification 
emission standards and other requirements for new nonroad SI engines in 
40 CFR part 1048. Stationary SI internal combustion engine 
manufacturers may certify their stationary SI ICE with a maximum engine 
power less than or equal to 30 KW (40 HP) with a total displacement 
less than or equal to 1,000 cubic centimeters (cc) to the certification 
emission standards and other requirements for new nonroad SI engines in 
40 CFR part 90.
    (c) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) that are rich burn engines that use LPG and that are 
manufactured on or after the applicable date in Sec.  60.4230(a)(2) to 
the certification emission standards and other requirements for new 
nonroad SI engines in 40 CFR part 1048. Stationary SI internal 
combustion engine manufacturers may certify their stationary SI ICE 
with a maximum engine power less than or equal to 30 KW (40 HP) with a 
total displacement less than or equal to 1,000 cc to the certification 
emission standards and other requirements for new nonroad SI engines in 
40 CFR part 90.
    (d) Stationary SI internal combustion engine manufacturers of 
engines with a maximum engine power greater than 19 KW (25 HP) that do 
not use gasoline and are not rich burn engines that use LPG who choose 
to certify engines under the voluntary manufacturer certification 
program described in this subpart must certify those engines to the 
emission standards in Table 1 to this subpart.


Sec.  60.4232  How long must my engines meet the emission standards if 
I am a manufacturer of stationary SI internal combustion engines?

    Engines manufactured by stationary SI internal combustion engine 
manufacturers must meet the emission standards as required in Sec.  
60.4231 during the useful life of the engines.

Emission Standards for Owners and Operators


Sec.  60.4233  What emission standards must I meet if I am an owner or 
operator of a stationary SI internal combustion engine?

    (a) Owners and operators of stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP) manufactured on or after 
January 1, 2008 must comply with the emission standards in Sec.  
60.4231(a) for their stationary SI ICE.
    (b) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) manufactured on or after the 
applicable date in Sec.  60.4230(a)(2) that use gasoline must comply 
with the emission standards in Sec.  60.4231(b) for their stationary SI 
ICE.
    (c) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) manufactured on or after the 
applicable date in Sec.  60.4230(a)(2) that are rich burn engines that 
use LPG must comply with the emission standards in Sec.  60.4231(c) for 
their stationary SI ICE.
    (d) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that do not use gasoline and are not 
rich burn engines that use LPG must comply with the emission standards 
in Table 1 to this subpart for their stationary SI ICE. These emission 
standards include emission standards for stationary SI landfill/
digester gas ICE and stationary SI emergency ICE.
    (e) Owners and operators of any modified or reconstructed 
stationary SI ICE subject to this subpart must meet the requirements as 
specified in paragraphs (e)(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

[[Page 33832]]

are modified or reconstructed after June 12, 2006, must comply with the 
same emission standards as those specified in paragraph (a) of this 
section.
    (2) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that use gasoline engines, that are 
modified or reconstructed after June 12, 2006, must comply with the 
same emission standards as those specified in paragraph (b) of this 
section.
    (3) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that are rich burn engines that use 
LPG, that are modified or reconstructed after June 12, 2006, must 
comply with the same emission standards as those specified in paragraph 
(c) of this section.
    (4) Owners and operators of stationary SI natural gas and lean burn 
LPG engines with a maximum engine power greater than 19 KW (25 HP), 
that are modified or reconstructed after June 12, 2006, must comply 
with the same emission standards as those specified in paragraph (d) of 
this section, except that such owners and operators must meet a 
nitrogen oxides (NOX) emission standard of 3.0 grams per HP-
hour (g/HP-hr), a carbon monoxide (CO) emission standard of 4.0 g/HP-
hr, and a non-methane hydrocarbons (NMHC) emission standard of 1.0 g/
HP-hr, where the date of manufacture of the engine is:
    (i) Prior to July 1, 2007, for non-emergency engines with a maximum 
engine power greater than or equal to 500 HP;
    (ii) Prior to January 1, 2008, for non-emergency engines with a 
maximum engine power less than 500 HP;
    (iii) Prior to January 1, 2009, for emergency engines.
    (5) Owners and operators of stationary SI landfill/digester gas ICE 
engines with a maximum engine power greater than 19 KW (25 HP), that 
are modified or reconstructed after June 12, 2006, must comply with the 
same emission standards as those specified in paragraph (d) of this 
section for stationary landfill/digester gas engines.


Sec.  60.4234  How long must I meet the emission standards if I am an 
owner or operator of a stationary SI internal combustion engine?

    Owners and operators of stationary SI ICE must operate and maintain 
stationary SI ICE that achieve the emission standards as required in 
Sec.  60.4233 according to the manufacturer's written instructions or 
procedures developed by the owner or operator that are approved by the 
engine manufacturer, over the entire life of the engine.

Other Requirements for Owners and Operators


Sec.  60.4235  What fuel requirements must I meet if I am an owner or 
operator of a stationary SI gasoline fired internal combustion engine 
subject to this subpart?

    Owners and operators of stationary SI ICE subject to this subpart 
that use gasoline must use gasoline that meets the per gallon sulfur 
limit in 40 CFR 80.195.


Sec.  60.4236  What is the deadline for importing or installing 
stationary SI ICE produced in the previous model year?

    (a) After January 1, 2010, owners and operators may not install 
stationary SI ICE with a maximum engine power of less than 500 HP that 
do not meet the applicable requirements in Sec.  60.4233.
    (b) After July 1, 2009, owners and operators may not install 
stationary SI ICE with a maximum engine power of greater than or equal 
to 500 HP that do not meet the applicable requirements in Sec.  
60.4233.
    (c) For emergency stationary SI ICE with a maximum engine power of 
greater than 19 kW (25 HP) that are not gasoline fueled engines and 
that are not rich burn engines fueled by LPG, owners and operators may 
not install engines that do not meet the applicable requirements in 
Sec.  60.4233 after January 1, 2011.
    (d) In addition to the requirements specified in Sec. Sec.  60.4231 
and 60.4233, it is prohibited to import stationary SI ICE <=19 KW (25 
HP), stationary rich burn LPG SI ICE, and stationary gasoline SI ICE 
that do not meet the applicable requirements specified in paragraphs 
(a) and (b) of this section, after the date specified in paragraph (a) 
and (b) of this section.
    (e) The requirements of this section do not apply to owners and 
operators of stationary SI ICE that have been modified or 
reconstructed, and they do not apply to engines that were removed from 
one existing location and reinstalled at a new location.


Sec.  60.4237  What are the monitoring requirements if I am an owner or 
operator of an emergency stationary SI internal combustion engine?

    If you are an owner or operator of an emergency stationary SI 
internal combustion engine, you must install a non-resettable hour 
meter prior to startup of the engine.

Compliance Requirements for Manufacturers


Sec.  60.4238  What are my compliance requirements if I am a 
manufacturer of stationary SI internal combustion engines <=19 KW (25 
HP)?

    Stationary SI internal combustion engine manufacturers who are 
subject to the emission standards specified in Sec.  60.4231(a) must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 90, subpart B, and must test their engines as 
specified in that part.


Sec.  60.4239  What are my compliance requirements if I am a 
manufacturer of stationary SI internal combustion engines >19 KW (25 
HP) that use gasoline?

    Stationary SI internal combustion engine manufacturers who are 
subject to the emission standards specified in Sec.  60.4231(b) must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 1048, subpart C, and must test their engines as 
specified in that part. Stationary SI internal combustion engine 
manufacturers who certify their stationary SI ICE with a maximum engine 
power less than or equal to 30 KW (40 HP) with a total displacement 
less than or equal to 1,000 cc to the certification emission standards 
and other requirements for new nonroad SI engines in 40 CFR part 90 
must certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 90, subpart B, and must test their engines as 
specified in that part.


Sec.  60.4240  What are my compliance requirements if I am a 
manufacturer of stationary SI internal combustion engines >19 KW (25 
HP) that are rich burn engines that use LPG?

    Stationary SI internal combustion engine manufacturers who are 
subject to the emission standards specified in Sec.  60.4231(c) must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 1048, subpart C, and must test their engines as 
specified in that part. Stationary SI internal combustion engine 
manufacturers who certify their stationary SI ICE with a maximum engine 
power less than or equal to 30 KW (40 HP) with a total displacement 
less than or equal to 1,000 cc to the certification emission standards 
and other requirements for new nonroad SI engines in 40 CFR part 90 
must certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 90, subpart B, and must test their engines as 
specified in that part.

[[Page 33833]]

Sec.  60.4241  What are my compliance requirements if I am a 
manufacturer of stationary SI internal combustion engines participating 
in the voluntary certification program?

    (a) Manufacturers of stationary SI internal combustion engines with 
a maximum engine power greater than 19 KW (25 HP) that do not use 
gasoline and are not rich burn engines that use LPG can choose to 
certify their engines to the emission standards in Sec.  60.4231(d) 
under the voluntary certification program described in this subpart. 
Manufacturers who certify their engines under the voluntary 
certification program must meet the requirements as specified in 
paragraphs (b) through (g) of this section.
    (b) Manufacturers 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-2 cycle of 
International Organization of Standardization 8178-4 specified in Table 
3 to 40 CFR 1048.505.
    (c) Certification of stationary SI ICE to the emission standards 
specified in Sec.  60.4231(d) is voluntary. However, once the 
manufacturer produces stationary SI ICE certified to the emission 
standards specified in Sec.  60.4231(d) for a given model year, the 
requirements on the manufacturer for such stationary SI ICE are not 
voluntary.
    (d) Manufacturers of natural gas fired stationary SI ICE who 
conduct voluntary certification of stationary SI ICE to the emission 
standards specified in Sec.  60.4231(d) must certify their engines for 
operation using fuel that meets the definition of pipeline-quality 
natural gas. The fuel used for certifying stationary SI natural gas 
engines must meet the definition of pipeline-quality natural gas as 
described in Sec.  60.4246. In addition, the manufacturer must provide 
information to the owner and operator of the certified stationary SI 
engine including the specifications of the pipeline-quality natural gas 
to which the engine is certified and what adjustments the owner or 
operator must make to the engine when installed in the field to ensure 
compliance with the emission standards.
    (e) Manufacturers of stationary SI ICE that are lean burn engines 
fueled by LPG who conduct voluntary certification of stationary SI ICE 
to the emission standards specified in Sec.  60.4231(d) must certify 
their engines for operation using fuel that meets the specifications in 
40 CFR 1065.720.
    (f) Manufacturers may certify their engines for operation using 
gaseous fuels in addition to pipeline-quality natural gas; however, the 
manufacturer must specify the properties of that fuel and provide 
testing information showing that the engine will meet the emission 
standards specified in Sec.  60.4231(d) when operating on that fuel. 
The manufacturer must also provide instructions for configuring the 
stationary engine to meet the emission standards on fuels that do not 
meet the pipeline-quality natural gas definition. The manufacturer must 
also provide information to the owner and operator of the certified 
stationary SI engine regarding the configuration that is most conducive 
to reduced emissions where the engine will be operated on particular 
fuels to which the engine is not certified.
    (g) A stationary SI engine manufacturer may certify an engine 
family solely to the standards applicable to landfill/digester gas 
engines as specified in Sec.  60.4231(d), but must certify their 
engines for operation using landfill/digester gas and must add a 
permanent label stating that the engine is for use only in landfill/
digester gas applications. The label must be added according to the 
labeling requirements specified in 40 CFR 1048.135(b).


Sec.  60.4242  What other requirements must I meet if I am a 
manufacturer of stationary SI internal combustion engines?

    (a) Stationary SI internal combustion engine manufacturers must 
meet the provisions of 40 CFR part 90 or 40 CFR part 1048, as 
applicable, as well as 40 CFR part 1068 for engines that are certified 
to the emission standards in 40 CFR part 1048, except that engines 
certified pursuant to the voluntary certification procedures in Sec.  
60.4241 are permitted to provide instructions to owners and operators 
allowing for deviations from certified configurations, if such 
deviations are consistent with the provisions of paragraphs Sec.  
60.4241(c) through (f). Labels on engines certified to 40 CFR part 1048 
must refer to stationary engines, rather than or in addition to nonroad 
engines, as appropriate.
    (b) An engine manufacturer certifying an engine family or families 
to standards under this subpart that are identical to standards 
applicable under 40 CFR part 90 or 40 CFR part 1048 for that model year 
may certify any such family that contains both nonroad and stationary 
engines as a single engine family and/or may include any such family 
containing stationary engines in the averaging, banking and trading 
provisions applicable for such engines under those parts.
    (c) Manufacturers of engine families certified to 40 CFR part 1048 
may meet the labeling requirements referred to in paragraph (a) of this 
section for stationary SI ICE by either adding a separate label 
containing the information required in paragraph (a) of this section or 
by adding the words ``and stationary'' after the word ``nonroad'' to 
the label.
    (d) For all engines manufactured on or after January 1, 2011, a 
stationary SI engine manufacturer that certifies an engine family 
solely to the standards applicable to emergency engines must add a 
permanent label stating that the engines in that family are for 
emergency use only. The label must be added according to the labeling 
requirements specified in 40 CFR 1048.135(b).

Compliance Requirements for Owners and Operators


Sec.  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, you must operate and maintain 
the stationary SI internal combustion engine and control device 
according to the manufacturer's written instructions or procedures 
developed by the owner or operator that are approved by the engine 
manufacturer. In addition, owners and operators of certified engines 
may only change those settings that are allowed by the manufacturer to 
ensure compliance with the applicable emission standards. If you own or 
operate a stationary SI internal combustion engine that is certified to 
40 CFR part 90 or 1048, you must also meet the requirements of 40 CFR 
parts 90, 1048, and/or part 1068, as they apply to you.
    (b) If you are an owner or operator of a stationary SI internal 
combustion engine that is manufactured after July 1, 2007, for engines 
with maximum engine power at or above 500 HP, or January 1, 2008, for 
engines with maximum engine power below 500 HP, and must comply with 
the emission standards specified in Sec.  60.4233(a) through (c), you 
must comply by purchasing an engine certified to the emission standards 
in Sec.  60.4231(a) through (c), as applicable, for the same engine 
class and maximum engine power. The engine must be installed and 
configured according to the manufacturer's specifications.
    (c) If you are an owner or operator of a stationary SI internal 
combustion engine and must comply with the emission standards specified 
in Sec.  60.4233(d), you must demonstrate compliance according to one 
of the

[[Page 33834]]

methods specified in paragraphs (c)(1) and (2) of this section.
    (1) Purchasing an engine certified according to procedures 
specified in this subpart, for the same model year. The engine must be 
installed and configured according to the manufacturer's specifications 
to ensure compliance with the applicable standards. Owners and 
operators of engines that have been certified by the engine 
manufacturer are not required to conduct any performance testing unless 
the engine is operated outside of the fuel properties specified by the 
manufacturer. If the owner or operator uses fuels outside of the fuel 
specifications (other than propane used solely for emergency purposes 
for up to 100 hours per year) or does not follow the adjustments 
specified by the manufacturer, the engine is no longer considered a 
certified engine and the owner or operator must test the engine to 
demonstrate compliance, according to the procedures specified in Sec.  
60.4244.
    (2) Conducting an initial performance test to demonstrate 
compliance with the emission standards specified in Table 1 to this 
subpart and according to the requirements specified in Sec.  60.4244, 
as applicable. If you are an owner or operator of a stationary SI 
internal combustion engine that is greater than 500 HP, you must also 
conduct subsequent performance tests every 3 years or 8,760 hours of 
operation, whichever comes first.
    (d) If you are an owner or operator of a stationary SI internal 
combustion engine that must comply with the emission standards 
specified in Sec.  60.4233(e), you must demonstrate compliance 
according paragraph (c)(2) of this section.
    (e) Emergency stationary ICE may be operated for the purpose of 
maintenance checks and readiness testing, provided that the tests are 
recommended by Federal, State or local government, the manufacturer, 
the vendor, or the insurance company associated with the engine. 
Maintenance checks and readiness testing of such units is limited to 
100 hours per year. There is no time limit on the use of emergency 
stationary ICE in emergency situations. The owner or operator may 
petition the Administrator for approval of additional hours to be used 
for maintenance checks and readiness testing, but a petition is not 
required if the owner or operator maintains records indicating that 
Federal, State, or local standards require maintenance and testing of 
emergency ICE beyond 100 hours per year. For owners and operators of 
emergency engines, any operation other than emergency operation and 
maintenance and testing as permitted in this section, is prohibited.
    (f) Owners and operators of stationary SI natural gas fired engines 
may operate their engines using propane for a maximum of 100 hours per 
year as an alternative fuel solely during emergency operations, but 
must keep records of such use. If propane is used for more than 100 
hours per year in an engine that is not certified to the emission 
standards when using propane, the owners and operators are required to 
conduct a performance test to demonstrate compliance with the emission 
standards of Sec.  60.4233.

Testing Requirements for Owners and Operators


Sec.  60.4244  What test methods and other procedures must I use if I 
am an owner or operator of a stationary SI internal combustion engine?

    Owners and operators of stationary SI ICE who conduct performance 
tests must follow the procedures in paragraphs (a) through (f) of this 
section.
    (a) Each performance test must be conducted according to the 
requirements in Sec.  60.8 and under the specific conditions that are 
specified by Table 2 to this subpart.
    (b) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  60.8(c).
    (c) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec.  60.8(f). Each test 
run must last at least 1 hour.
    (d) To determine compliance with the NOX mass per unit 
output emission limitation, convert the concentration of NOX 
in the engine exhaust using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP12JN06.005

Where:

ER = Emission rate of NOX in g/HP-hr.
Cd = Measured NOX concentration in parts per 
million (ppm).
1.912 x 10-3 = Conversion constant for ppm NOX 
to grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per 
hour.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, horsepower-hour (HP-hr).

    (e) To determine compliance with the CO mass per unit output 
emission limitation, convert the concentration of CO in the engine 
exhaust using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP12JN06.006

Where:

ER = Emission rate of CO in g/HP-hr.
Cd = Measured CO concentration in ppm.
1.164 x 10-3 = Conversion constant for ppm CO to grams 
per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per 
hour.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

    (f) To determine compliance with the NMHC mass per unit output 
emission limitation, convert the concentration of NMHC in the engine 
exhaust using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP12JN06.007


[[Page 33835]]


Where:

ER = Emission rate of NMHC in g/HP-hr.
Cd = NMHC concentration measured as propane in ppm.
1.832 x 10-3 = Conversion constant for ppm NMHC measured 
as propane, to grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per 
hour.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

Notification, Reports, and Records for Owners and Operators


Sec.  60.4245  What are my notification, reporting, and recordkeeping 
requirements if I am an owner or operator of a stationary SI internal 
combustion engine?

    Owners or operators of stationary SI ICE must meet the following 
notification, reporting and recordkeeping requirements.
    (a) Owners and operators of all stationary SI ICE must keep records 
of the information in paragraphs (a)(1) through (4) of this section.
    (1) All notifications submitted to comply with this subpart and all 
documentation supporting any notification.
    (2) Maintenance conducted on the engine.
    (3) If the stationary SI internal combustion engine is a certified 
engine, documentation from the manufacturer that the engine is 
certified to meet the emission standards and information as required in 
40 CFR parts 90 and 1048.
    (4) If the stationary SI internal combustion engine is not a 
certified engine, documentation that the engine meets the emission 
standards.
    (b) The owner or operator of stationary SI emergency ICE must keep 
records of the hours of operation of the engine that is recorded 
through the non-resettable hour meter. The owner or operator must 
document how many hours are spent for emergency operation, including 
what classified the operation as emergency and how many hours are spent 
for non-emergency operation.
    (c) Owners and operators of stationary SI ICE greater than or equal 
to 500 HP that have not been certified by an engine manufacturer to 
meet the emission standards in Sec.  60.4231 must submit an initial 
notification as required in Sec.  60.7(a)(1). The notification must 
include the information in paragraphs (c)(1) through (5) of this 
section.
    (1) Name and address of the owner or operator;
    (2) The address of the affected source;
    (3) Engine information including make, model, engine family, serial 
number, model year, maximum engine power, and engine displacement;
    (4) Emission control equipment; and
    (5) Fuel used.
    (d) Owners and operators of stationary SI ICE that have not been 
certified by an engine manufacturer to meet the emission standards in 
Sec.  60.4231 must submit a copy of each performance test as conducted 
in Sec.  60.4244 within 30 days after the test has been completed.

Definitions


Sec.  60.4246  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have 
the meaning given them in the CAA and in subpart A of this part.
    Certified stationary internal combustion engine means an engine 
that belongs to an engine family that has a certificate of conformity 
that complies with the emission standards and requirements in this 
part, or of 40 CFR part 90 or 40 CFR part 1048, as appropriate.
    Combustion turbine means all equipment, including but not limited 
to the turbine, the fuel, air, lubrication and exhaust gas systems, 
control systems (except emissions control equipment), and any ancillary 
components and sub-components comprising any simple cycle combustion 
turbine, any regenerative/recuperative cycle combustion turbine, the 
combustion turbine portion of any cogeneration cycle combustion system, 
or the combustion turbine portion of any combined cycle steam/electric 
generating system.
    Compression ignition means relating to a type of stationary 
internal combustion engine that is not a spark ignition engine.
    Diesel fuel means any liquid obtained from the distillation of 
petroleum with a boiling point of approximately 150 to 360 degrees 
Celsius. One commonly used form is number 2 distillate oil.
    Digester gas means any gaseous by-product of wastewater treatment 
typically formed through the anaerobic decomposition of organic waste 
materials and composed principally of methane and CO2.
    Emergency stationary internal combustion engine means any 
stationary internal combustion engine whose operation is limited to 
emergency situations and required testing and maintenance. Examples 
include stationary ICE used to produce power for critical networks or 
equipment (including power supplied to portions of a facility) when 
electric power from the local utility (or the normal power source, if 
the facility runs on its own power production) is interrupted, or 
stationary ICE used to pump water in the case of fire or flood, etc. 
Stationary SI ICE used for peak shaving are not considered emergency 
stationary ICE.
    Engine manufacturer means the manufacturer of the engine. See the 
definition of ``manufacturer'' in this section.
    Four-stroke engine means any type of engine which completes the 
power cycle in two crankshaft revolutions, with intake and compression 
strokes in the first revolution and power and exhaust strokes in the 
second revolution.
    Gasoline means any fuel sold in any State for use in motor vehicles 
and motor vehicle engines, or nonroad or stationary engines, and 
commonly or commercially known or sold as gasoline.
    Landfill gas means a gaseous byproduct of the land application of 
municipal refuse typically formed through the anaerobic decomposition 
of waste materials and composed principally of methane and 
CO2.
    Lean burn engine means any two-stroke or four-stroke spark ignited 
engine that does not meet the definition of a rich burn engine.
    Liquefied petroleum gas means any liquefied hydrocarbon gas 
obtained as a by-product in petroleum refining of natural gas 
production.
    Manufacturer has the meaning given in section 216(1) of the Clean 
Air Act. In general, this term includes any person who manufactures a 
stationary engine for sale in the United States or otherwise introduces 
a new stationary engine into commerce in the United States. This 
includes importers who import stationary engines for resale.
    Maximum engine power means maximum engine power as defined in 40 
CFR 1048.801.
    Model year means either: The calendar year in which the engine was 
originally produced, or the annual new model production period of the 
engine manufacturer if it is different than the calendar year. This 
must include January 1 of the calendar year for which the model year is 
named. It may not begin before January 2 of the previous calendar year, 
and it must end by December 31 of the named calendar year. For an 
engine that is converted to a stationary engine after being placed into 
service as a nonroad or other non-stationary engine, model year means 
the calendar year or new model production period in which the engine 
was originally produced.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
non-hydrocarbon gases found in geologic formations beneath the Earth's

[[Page 33836]]

surface, of which the principal constituent is methane. Natural gas may 
be field or pipeline quality.
    Non-methane hydrocarbons means the difference between the emitted 
mass of total hydrocarbons and the emitted mass of methane.
    Other internal combustion engine means any internal combustion 
engine, except combustion turbines, which is not a reciprocating 
internal combustion engine or rotary internal combustion engine.
    Pipeline-quality natural gas means a naturally occurring fluid 
mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in 
geological formations beneath the Earth's surface that maintains a 
gaseous state at standard atmospheric temperature and pressure under 
ordinary conditions, and which is provided by a supplier through a 
pipeline. Pipeline-quality natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 950 and 1,100 British thermal units per standard cubic foot.
    Reciprocating internal combustion engine means any internal 
combustion engine which uses reciprocating motion to convert heat 
energy into mechanical work.
    Rich burn engine means any four-stroke spark ignited engine where 
the manufacturer's recommended operating air/fuel ratio divided by the 
stoichiometric air/fuel ratio at full load conditions is less than or 
equal to 1.1. Engines originally manufactured as rich burn engines, but 
modified prior to June 12, 2006 with passive emission control 
technology for NOX (such as pre-combustion chambers) will be 
considered lean burn engines. Also, existing engines where there are no 
manufacturer's recommendations regarding air/fuel ratio will be 
considered a rich burn engine if the excess oxygen content of the 
exhaust at full load conditions is less than or equal to 2 percent.
    Rotary internal combustion engine means any internal combustion 
engine which uses rotary motion to convert heat energy into mechanical 
work.
    Spark ignition means relating to either: A gasoline-fueled engine; 
or any other type of engine with a spark plug (or other sparking 
device) and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark ignition engines usually use a 
throttle to regulate intake air flow to control power during normal 
operation. Dual-fuel engines in which a liquid fuel (typically diesel 
fuel) is used for compression ignition and gaseous fuel (typically 
natural gas) is used as the primary fuel at an annual average ratio of 
less than 2 parts diesel fuel to 100 parts total fuel on an energy 
equivalent basis are spark ignition engines.
    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile 
ICE in that a stationary internal combustion engine is not a nonroad 
engine as defined at 40 CFR 1068.30, and is not used to propel a motor 
vehicle or a vehicle used solely for competition. Stationary ICE 
include reciprocating ICE, rotary ICE, and other ICE, except combustion 
turbines.
    Stationary internal combustion engine test cell/stand means an 
engine test cell/stand, as defined in subpart PPPPP of this part, that 
test stationary ICE.
    Stoichiometric means the theoretical air-to-fuel ratio required for 
complete combustion.
    Subpart means 40 CFOFR part 60, subpart JJJJ.
    Total hydrocarbons means the combined mass of organic compounds 
measured by the specified procedure for measuring total hydrocarbon, 
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of 
1.85:1.
    Two-stroke engine means a type of engine which completes the power 
cycle in single crankshaft revolution by combining the intake and 
compression operations into one stroke and the power and exhaust 
operations into a second stroke. This system requires auxiliary 
scavenging and inherently runs lean of stoichiometric.
    Useful 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 useful life for 
stationary SI ICE with a maximum engine power less than or equal to 19 
KW (25 HP) are given in 40 CFR 90.105. The values for useful 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 
useful life for stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) certified under the voluntary manufacturer 
certification program of this subpart is 8,000 hours or 10 years, 
whichever comes first.
    Voluntary certification program means an optional engine 
certification program that manufacturers of stationary SI internal 
combustion engines with a maximum engine power greater than 19 KW (25 
HP) that do not use gasoline and are not rich burn engines that use LPG 
can choose to participate in to certify their engines to the emission 
standards in Sec.  60.4231(d).

Tables to Subpart JJJJ of Part 60

 Table 1 to Subpart JJJJ of Part 60.--NOX, NMHC, and CO Emission Standards in g/HP-hr for Stationary SI Engines
                                                     >25 HP
                                   [Except gasoline and rich burn LPG engines]
----------------------------------------------------------------------------------------------------------------
                                                                         Emission standards in g/HP-hr
    Engine type and fuel       Maximum  engine  power    Manufacture   --------------------------------
                                                            date a         NOX         CO        NMHC
-------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas  25=500................  July 1, 2007...        2.0        4.0        1.0
 
             and
 
Non-Emergency SI Lean Burn    .......................  July 1, 2010...        1.0        2.0        0.7
 LPG.
Landfill/Digester Gas.......  HP<500.................  January 1, 2008        3.0        5.0        1.0
                                                       January 1, 2011        2.0        5.0        1.0
                              HP >=500...............  July 1, 2007...        3.0        5.0        1.0
                                                       July 1, 2010...        2.0        5.0        1.0

[[Page 33837]]

 
Emergency...................  All Sizes..............  January 1, 2009        2.0        4.0        1.0
----------------------------------------------------------------------------------------------------------------
a Stationary SI natural gas and lean burn LPG engines between 25 and 50 HP may comply with the requirements of
  40 CFR part 1048, instead of this table. Stationary SI internal combustion engine manufacturers may certify
  their stationary SI ICE with a maximum engine power less than or equal to 30 KW (40 HP) with a total
  displacement less than or equal to 1,000 cc to the certification emission standards and other requirements for
  new nonroad SI engines in 40 CFR part 90.


                     Table 2 to Subpart JJJJ of Part 60.--Requirements for Performance Tests
       As stated in Sec.   60.4244, you must comply with the following requirements for performance tests:
----------------------------------------------------------------------------------------------------------------
                                                                                               According to the
            For each              Complying with the       You must              Using             following
                                      requirement                                                requirements
----------------------------------------------------------------------------------------------------------------
Stationary SI internal            a. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
 combustion engine demonstrating   concentration of    sampling port       of 40 CFR part      control device,
 compliance according to Sec.      NOX in the          location and the    60, Appendix A or   the sampling site
 60.4243(c)(2).                    stationary SI       number of           ASTM method D6522-  must be located
                                   internal            traverse points;    00 (2005).          at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. If necessary,   (2) Method 4 of 40  (b) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A.         moisture must be
                                                       stationary                              made at the same
                                                       internal                                time as the
                                                       combustion engine                       measurement for
                                                       exhaust at the                          NOX
                                                       sampling port                           concentration.
                                                       location; and
                                                      iii. Measure NOX    (3) Method 7E of    (c) Results of
                                                       at the exhaust of   40 CFR part 60,     this test consist
                                                       the stationary      appendix A, or      of the average of
                                                       internal            Method D6522-00     the three 1-hour
                                                       combustion engine.  (2005).             or longer runs.
                                  b. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   CO in the           location and the    60, Appendix A.     the sampling site
                                   stationary SI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. If necessary,   (2) Method 4 of 40  (b) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A.         moisture must be
                                                       stationary                              made at the same
                                                       internal                                time as the
                                                       combustion engine                       measurement for
                                                       exhaust at the                          CO concentration.
                                                       sampling port
                                                       location; and
                                                      iii. Measure CO at  (3) Method 10 of    (c) Results of
                                                       the exhaust of      40 CFR part 60,     this test consist
                                                       the stationary      appendix A, or      of the average of
                                                       internal            ASTM Method D6522-  the three 1-hour
                                                       combustion engine.  00 (2005).          or longer runs.
                                  c. limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   NMHC in the         location and the    60, Appendix A.     the sampling site
                                   stationary SI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. If necessary,   (2) Method 4 of 40  (b) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A.         moisture must be
                                                       stationary                              made at the same
                                                       internal                                time as the
                                                       combustion engine                       measurement for
                                                       exhaust at the                          NMHC
                                                       sampling port                           concentration.
                                                       location; and
                                  ..................  iii. Measure NMHC   (3) Method 25 or    (c) Results of
                                                       at the exhaust of   Methods 25A and     this test consist
                                                       the stationary      18 of part 40 CFR   of the average of
                                                       internal            part 60, appendix   the three 1-hour
                                                       combustion engine.  A.                  or longer runs.
----------------------------------------------------------------------------------------------------------------

PART 63--[AMENDED]

    3. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart A--[Amended]

    4. Section 63.14 is amended by revising paragraph (b)(27) to read 
as follows:


Sec.  63.14  Incorporation by reference.

* * * * *
    (b) * * *
    (27) ASTM D6522-00 (2005), Standard Test Method for Determination 
of Nitrogen Oxides, Carbon Monoxide,

[[Page 33838]]

and Oxygen Concentrations in Emissions from Natural Gas Fired 
Reciprocating Engines, Combustion Turbines, Boilers, and Process 
Heaters Using Portable Analyzers, IBR approved for Sec.  63.9307(c)(2) 
and Table 5 to subpart ZZZZ of part 63.
* * * * *
    5. Section 63.6580 is revised to read as follows:


Sec.  63.6580   What is the purpose of subpart ZZZZ?

    Subpart ZZZZ establishes national emission limitations and 
operating limitations for hazardous air pollutants (HAP) emitted from 
stationary reciprocating internal combustion engines (RICE) located at 
major and area sources of HAP emissions. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and operating limitations.
    6. Section 63.6585 is amended by revising the introductory text and 
adding paragraphs (c) and (d) to read as follows:


Sec.  63.6585   Am I subject to this subpart?

    You are subject to this subpart if you own or operate a stationary 
RICE at a major or area source of HAP emissions, except if the 
stationary RICE is being tested at a stationary RICE test cell/stand.
* * * * *
    (c) An area source of HAP emissions is a source that is not a major 
source.
    (d) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from the obligation to obtain a permit 
under 40 CFR parts 70 or 71, provided you are not required to obtain a 
permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason other than 
your status as an area source under this subpart. Notwithstanding the 
previous sentence, you must continue to comply with the provisions of 
this subpart as applicable.
    7. Section 63.6590 is amended by revising paragraphs (a), (b)(1) 
introductory text, (b)(2), and (b)(3), to read as follows:


Sec.  63.6590  What parts of my plant does this subpart cover?

    This subpart applies to each affected source.
    (a) Affected source. An affected source is any existing, new, or 
reconstructed stationary RICE located at a major or area source of HAP 
emissions, excluding stationary RICE being tested at a stationary RICE 
test cell/stand.
    (1) Existing stationary RICE. (i) For stationary RICE with a site 
rating of more than 500 brake horsepower (HP) located at a major source 
of HAP emissions, a stationary RICE is existing if you commenced 
construction or reconstruction of the stationary RICE before December 
19, 2002.
    (ii) For stationary RICE with a site rating of less than or equal 
to 500 brake HP located at a major source of HAP emissions, a 
stationary RICE is existing if you commenced construction or 
reconstruction of the stationary RICE before June 12, 2006.
    (iii) For stationary RICE located at an area source of HAP 
emissions, a stationary RICE is existing if you commenced construction 
or reconstruction of the stationary RICE before June 12, 2006.
    (iv) A change in ownership of an existing stationary RICE does not 
make that stationary RICE a new or reconstructed stationary RICE.
    (2) New stationary RICE. (i) A stationary RICE with a site rating 
of more than 500 brake HP located at a major source of HAP emissions is 
new if you commenced construction of the stationary RICE on or after 
December 19, 2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is new if you 
commenced construction of the stationary RICE on or after June 12, 
2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is new if you commenced construction of the stationary RICE on or after 
June 12, 2006.
    (3) Reconstructed stationary RICE. (i) A stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions is reconstructed if you meet the definition of reconstruction 
in Sec.  63.2 and reconstruction is commenced on or after December 19, 
2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is 
reconstructed if you meet the definition of reconstruction in Sec.  
63.2 and reconstruction is commenced on or after June 12, 2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is reconstructed if you meet the definition of reconstruction in Sec.  
63.2 and reconstruction is commenced on or after June 12, 2006.
    (b) * * *
    (1) An affected source which meets either of the criteria in 
paragraph (b)(1)(i) through (ii) of this section does not have to meet 
the requirements of this subpart and of subpart A of this part except 
for the initial notification requirements of Sec.  63.6645(h).
* * * * *
    (2) A new or reconstructed stationary RICE which combusts landfill 
or digester gas equivalent to 10 percent or more of the gross heat 
input on an annual basis must meet the initial notification 
requirements of Sec.  63.6645(h) and the requirements of Sec. Sec.  
63.6625(c), 63.6650(g), and 63.6655(c). These stationary RICE do not 
have to meet the emission limitations and operating limitations of this 
subpart.
    (3) A stationary RICE which is an existing spark ignition 2 stroke 
lean burn (2SLB) stationary RICE, an existing spark ignition 4 stroke 
lean burn (4SLB) stationary RICE, an existing 4 stroke rich burn (4SRB) 
stationary RICE with a site rating of less than or equal to 500 brake 
HP located at a major source of HAP emissions, an existing 4SRB 
stationary RICE located at an area source of HAP emissions, an existing 
compression ignition (CI) stationary RICE, an existing emergency 
stationary RICE, an existing limited use stationary RICE, or an 
existing stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, does not have to meet the requirements of this subpart and of 
subpart A of this part. No initial notification is necessary.
    8. Section 63.6595 is amended by revising paragraphs (a) and (b)(2) 
to read as follows:


Sec.  63.6595  When do I have to comply with this subpart?

    (a) Affected Sources. (1) If you have an existing stationary RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, you must comply with the applicable emission 
limitations and operating limitations no later than June 15, 2007.
    (2) If you start up your new or reconstructed stationary RICE with 
a site rating of more than 500 brake HP located at a major source of 
HAP emissions before August 16, 2004, you must comply with the 
applicable emission limitations and operating limitations in this 
subpart no later than August 16, 2004.
    (3) If you start up your new or reconstructed stationary RICE with 
a site rating of more than 500 brake HP located at a major source of 
HAP emissions after August 16, 2004, you must comply with the 
applicable emission limitations and operating limitations in this 
subpart upon startup of your affected source.

[[Page 33839]]

    (4) If you start up your new or reconstructed stationary RICE with 
a site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions before [DATE OF PUBLICATION OF FINAL RULE IN 
THE Federal Register], you must comply with the applicable emission 
limitations and operating limitations in this subpart no later than 
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (5) If you start up your new or reconstructed stationary RICE with 
a site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions after [DATE OF PUBLICATION OF FINAL RULE IN THE 
Federal Register], you must comply with the applicable emission 
limitations and operating limitations in this subpart upon startup of 
your affected source.
    (6) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions before [DATE OF PUBLICATION 
OF FINAL RULE IN THE FEDERAL REGISTER], you must comply with the 
applicable emission limitations and operating limitations in this 
subpart no later than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal 
Register].
    (7) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions after [DATE OF PUBLICATION 
OF FINAL RULE IN THE FEDERAL REGISTER], you must comply with the 
applicable emission limitations and operating limitations in this 
subpart upon startup of your affected source.
    (b) * * *
    (2) Any stationary RICE for which construction or reconstruction is 
commenced before your area source becomes a major source of HAP must be 
in compliance with the provisions of this subpart that are applicable 
to RICE located at major sources within 3 years after your area source 
becomes a major source of HAP.
* * * * *
    9. Section 63.6600 is revised to read as follows:


Sec.  63.6600  What emission limitations and operating limitations must 
I meet if I own or operate a stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions?

    (a) If you own or operate an existing, new, or reconstructed spark 
ignition 4SRB stationary RICE with a site rating of more than 500 brake 
HP located at a major source of HAP emissions, you must comply with the 
emission limitations in Table 1a to this subpart and the operating 
limitations in Table 1b to this subpart which apply to you.
    (b) If you own or operate a new or reconstructed 2SLB or 4SLB 
stationary RICE with a site rating of more than 500 brake HP located at 
major source of HAP emissions or a new or reconstructed CI stationary 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions, you must comply with the emission limitations 
in Table 2a to this subpart and the operating limitations in Table 2b 
to this subpart which apply to you.
    (c) If you own or operate any of the following RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the emission limitations in 
Tables 1a and 2a to this subpart or operating limitations in Tables 1b 
and 2b to this subpart: an existing 2SLB stationary RICE, an existing 
4SLB stationary RICE, or an existing CI stationary RICE; a stationary 
RICE that combusts landfill gas or digester gas equivalent to 10 
percent or more of the gross heat input on an annual basis; an 
emergency stationary RICE; or a limited use stationary RICE.
    10. Section 63.6601 is added to read as follows:


Sec.  63.6601  What emission limitations must I meet if I own or 
operate a stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions or a stationary 
RICE located at an area source of HAP emissions?

    (a) If you own or operate a new or reconstructed stationary RICE 
with a site rating of equal to or less than 500 brake HP located at a 
major source of HAP emissions or a new or reconstructed stationary RICE 
located at an area source of HAP emissions, you must comply with the 
emission limitations in Table 3 to this subpart which apply to you.
    (b) If you own or operate an existing stationary RICE with a site 
rating of equal to or less than 500 brake HP located at a major source 
of HAP emissions or an existing stationary RICE located at an area 
source, you do not need to comply with the emission limitations in 
Table 3 to this subpart.
    11. Section 63.6610 is amended by revising the section heading, 
adding introductory text, and revising paragraphs (a) through (c) to 
read as follows:


Sec.  63.6610  By what date must I conduct the initial performance 
tests or other initial compliance demonstrations if I own or operate a 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions?

    If you own or operate a stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions you are 
subject to the requirements of this section.
    (a) You must conduct the initial performance test or other initial 
compliance demonstrations in Table 5 to this subpart that apply to you 
within 180 days after the compliance date that is specified for your 
stationary RICE in Sec.  63.6595 and according to the provisions in 
Sec.  63.7(a)(2).
    (b) If you commenced construction or reconstruction between 
December 19, 2002 and June 15, 2004 and own or operate stationary RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, you must demonstrate initial compliance with either 
the proposed emission limitations or the promulgated emission 
limitations no later than February 10, 2005 or no later than 180 days 
after startup of the source, whichever is later, according to Sec.  
63.7(a)(2)(ix).
    (c) If you commenced construction or reconstruction between 
December 19, 2002 and June 15, 2004 and own or operate stationary RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, and you chose to comply with the proposed emission 
limitations when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limitations by December 13, 2007 or after startup of the 
source, whichever is later, according to Sec.  63.7(a)(2)(ix).
* * * * *
    12. Section 63.6611 is added to read as follows:


Sec.  63.6611  By what date must I conduct the initial performance 
tests or other initial compliance demonstrations if I own or operate a 
stationary RICE with a site rating of less than or equal to 500 brake 
HP located at a major source of HAP emissions or a stationary RICE 
located at an area source of HAP emissions?

    (a) If you own or operate a new or reconstructed 4SLB stationary 
RICE with a site rating of greater than or equal to 250 and less than 
or equal to 500 brake HP located at a major source of HAP emissions, 
you must conduct an initial performance test within 240 days after the 
compliance date that is specified for your stationary RICE in Sec.  
63.6595 and according to the

[[Page 33840]]

provisions specified in Table 5 to this subpart, as appropriate.
    (b) If you own or operate a new or reconstructed uncertified 
stationary RICE with a site rating of less than or equal to 500 brake 
HP located at a major source of HAP emissions or a new or reconstructed 
uncertified stationary RICE located at an area source of HAP emissions 
you must conduct an initial performance test within 240 days after the 
compliance date that is specified for your stationary RICE in Sec.  
63.6595 and according to the provisions specified in Table 5 to this 
subpart, as appropriate.
    (c) If you own or operate a new or reconstructed certified 
stationary RICE with a site rating of less than or equal to 500 brake 
HP located at a major source of HAP emissions or a certified stationary 
RICE located at an area source of HAP emissions you are not required to 
conduct an initial performance test.
    13. Section 63.6615 is revised to read as follows:


Sec.  63.6615  When must I conduct subsequent performance tests?

    If you must comply with the emission limitations and operating 
limitations, you must conduct subsequent performance tests as specified 
in Table 4 to this subpart.
    14. Section 63.6620 is amended by revising paragraphs (a) and (b) 
and adding paragraph (j) to read as follows:


Sec.  63.6620  What performance tests and other procedures must I use?

    (a) You must conduct each performance test in Tables 4 and 5 to 
this subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements in Sec.  63.7(e)(1) and under the specific conditions that 
this subpart specifies in Table 5. The test must be conducted at any 
load condition within plus or minus 10 percent of 100 percent load.
* * * * *
    (j) To determine compliance with the non-methane hydrocarbons 
(NMHC) mass per unit output emission limitation, you must use Equation 
5 of this section:
[GRAPHIC] [TIFF OMITTED] TP12JN06.008

Where:

ER = Emission rate of NMHC in g/HP-hr.
Cd = NMHC concentration measured as propane in ppm.
1.832 x 10-3 = Conversion constant for ppm NMHC measured 
as propane, to grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per 
hour.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

    15. Section 63.6625 is amended by revising the introductory text of 
paragraph (a), revising paragraph (b), and adding paragraphs (d), (e), 
and (f) to read as follows:


Sec.  63.6625  What are my monitoring, installation, operation, and 
maintenance requirements?

    (a) If you elect to install a continuous emissions monitoring 
system (CEMS) as specified in Table 6 of this subpart, you must 
install, operate, and maintain a CEMS to monitor CO and either oxygen 
or CO2 at both the inlet and the outlet of the control 
device according to the requirements in paragraphs (a)(1) through (4) 
of this section.
* * * * *
    (b) If you are required to install a continuous parameter 
monitoring system (CPMS) as specified in Table 6 to this subpart, you 
must install, operate, and maintain each CPMS according to the 
requirements in Sec.  63.8.
* * * * *
    (d) If you are operating a new or reconstructed emergency 
stationary RICE with a site rating of equal to or less than 500 brake 
HP located at a major source of HAP emissions or a new or reconstructed 
stationary RICE located at an area source of HAP emissions, you must 
install a non-resettable hour meter prior to the startup of the engine.
    (e) If you are operating a new or reconstructed stationary RICE 
with a site rating of equal to or less than 500 brake HP located at a 
major source of HAP emissions or a new or reconstructed stationary RICE 
located at an area source of HAP emissions, you must operate and 
maintain the stationary RICE and control device according to the 
manufacturer's written instructions or procedures developed by the 
owner or operator that are approved by the engine manufacturer.
    (f) If you are operating a new or reconstructed certified 
stationary RICE with a site rating of equal to or less than 500 brake 
HP located at a major source of HAP emissions (except new or 
reconstructed 4SLB stationary RICE with a site rating of equal to or 
greater than 250 brake HP and less than or equal to 500 brake HP 
located at a major source of HAP emissions) or a new or reconstructed 
certified stationary RICE located at an area source, you may only 
change those settings that are allowed by the manufacturer.
    16. Section 63.6630 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.6630  How do I demonstrate initial compliance with the 
emission limitations and operating limitations?

    (a) You must demonstrate initial compliance with each emission and 
operating limitation that applies to you according to Table 6 to this 
subpart.
* * * * *
    17. Section 63.6640 is amended by revising paragraphs (a), (b), and 
(e) and adding paragraph (f) to read as follows:


Sec.  63.6640  How do I demonstrate continuous compliance with the 
emission limitations and operating limitations?

    (a) You must demonstrate continuous compliance with each emission 
limitation and operating limitation in Tables 1a and 1b, Tables 2a and 
2b, and Table 3 to this subpart that apply to you according to methods 
specified in Table 7 to this subpart.
    (b) You must report each instance in which you did not meet each 
emission limitation or operating limitation in Tables 1a and 1b, Tables 
2a and 2b, and Table 3 to this subpart that apply to you. These 
instances are deviations from the emission and operating limitations in 
this subpart. These deviations must be reported according to the 
requirements in Sec.  63.6650. If you change your catalyst, you must 
reestablish the values of the operating parameters measured during the 
initial performance test. When you reestablish the values of your 
operating parameters, you must also conduct a performance test to 
demonstrate that you are meeting the required emission limitation 
applicable to your stationary RICE.
* * * * *
    (e) You must also report each instance in which you did not meet 
the requirements in Table 9 to this subpart that apply to you. If you 
own or operate an existing 2SLB stationary RICE, an existing 4SLB 
stationary RICE, an existing 4SRB stationary RICE with a site rating 
equal to or less than 500 brake HP located at a major source of

[[Page 33841]]

HAP emissions, an existing 4SRB stationary RICE located at an area 
source of HAP emissions, an existing CI stationary RICE, an existing 
emergency stationary RICE, an existing limited use emergency stationary 
RICE, or an existing stationary RICE which fires landfill gas or 
digester gas equivalent to 10 percent or more of the gross heat input 
on an annual basis, you do not need to comply with the requirements in 
Table 9 to this subpart. If you own or operate a new or reconstructed 
stationary RICE that combusts landfill gas or digester gas equivalent 
to 10 percent or more of the gross heat input on an annual basis, a new 
or reconstructed emergency stationary RICE, or a new or reconstructed 
limited use stationary RICE, you do not need to comply with the 
requirements in Table 9 to this subpart, except for the initial 
notification requirements.
    (f) If you own or operate a stationary emergency RICE with a site 
rating of equal to or less than 500 brake HP located at a major source 
of HAP emissions or a stationary emergency RICE located at an area 
source of HAP emissions, you may operate your emergency stationary RICE 
for the purpose of maintenance checks and readiness testing. 
Maintenance checks and readiness testing of such units is limited to 
100 hours per year. There is no time limit on the use of stationary 
emergency RICE 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 that Federal, 
State, or local standards require maintenance and testing or emergency 
engines beyond 100 hours per year. For owners and operators or 
emergency engines, any operation other than emergency operation and 
maintenance and testing as permitted in this section, is prohibited.
    18. Section 63.6645 is amended by:
    a. Revising paragraphs (a), (b), and (c);
    b. Redesignating paragraphs (d) through (f) as paragraphs (h) 
through (j);
    c. Adding paragraphs (d) through (g); and
    d. Revising newly redesignated paragraphs (h) and (j) to read as 
follows:


Sec.  63.6645  What notifications must I submit and when?

    (a) If you own or operate a stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions or a 
new or reconstructed 4SLB stationary RICE with a site rating of greater 
than or equal to 250 HP located at a major source of HAP emissions, you 
must submit all of the notifications in Sec. Sec.  63.7(b) and (c), 
63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g) and (h) that 
apply to you by the dates specified.
    (b) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions before the effective date of this 
subpart, you must submit an Initial Notification not later than 
December 13, 2004.
    (c) If you start up your new or reconstructed stationary RICE with 
a site rating of more than 500 brake HP located at a major source of 
HAP emissions on or after August 16, 2004, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (d) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE with a site rating of equal to or less than 500 brake 
HP located at a major source of HAP emissions before the effective date 
of this subpart and you are required to submit an initial notification, 
you must submit an Initial Notification not later than [180 DAYS AFTER 
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register].
    (e) If you start up your new or reconstructed stationary RICE with 
a site rating of equal to or less than 500 brake HP located at a major 
source of HAP emissions on or after [60 DAYS AFTER DATE THE FINAL RULE 
IS PUBLISHED IN THE Federal Register] and you are required to submit an 
initial notification, you must submit an Initial Notification not later 
than 120 days after you become subject to this subpart.
    (f) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE located at an area source of HAP emissions before the 
effective date of this subpart and you are required to submit an 
initial notification, you must submit an Initial Notification not later 
than [180 DAYS AFTER DATE THE FINAL RULE IS PUBLISHED IN THE Federal 
Register].
    (g) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions on or after [60 DAYS AFTER 
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register] and you are 
required to submit an initial notification, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (h) If you are required to submit an Initial Notification but are 
otherwise not affected by the requirements of this subpart, in 
accordance withSec.  63.6590(b), your notification should include the 
information in Sec.  63.9(b)(2)(i) through (v), and a statement that 
your stationary RICE has no additional requirements and explain the 
basis of the exclusion (for example, that it operates exclusively as an 
emergency stationary RICE if it has a site rating of more than 500 
brake HP located at a major source of HAP emissions).
* * * * *
    (j) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Tables 5 and 6 to this 
subpart, you must submit a Notification of Compliance Status according 
to Sec.  63.9(h)(2)(ii).
    (1) For each initial compliance demonstration required in Table 6 
to this subpart that does not include a performance test, you must 
submit the Notification of Compliance Status before the close of 
business on the 30th day following the completion of the initial 
compliance demonstration.
    (2) For each initial compliance demonstration required in Table 6 
to this subpart that includes a performance test conducted according to 
the requirements in Table 5 to this subpart, you must submit the 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th day following the 
completion of the performance test according to Sec.  63.10(d)(2).
    19. Section 63.6650 is amended by:
    a. Revising paragraph (a);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraph (f); and
    d. Revising paragraph (g) introductory text to read as follows:


Sec.  63.6650  What reports must I submit and when?

    (a) You must submit each report in Table 8 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
by the date in Table 8 to this subpart and according to the 
requirements in paragraphs (b)(1) through (5) of this section.
* * * * *
    (f) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected 
source submits a Compliance report pursuant to Table 8 to this subpart 
along with, or as part of, the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the

[[Page 33842]]

Compliance report includes all required information concerning 
deviations from any emission or operating limitation in this subpart, 
submission of the Compliance report shall be deemed to satisfy any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a Compliance report shall not otherwise 
affect any obligation the affected source may have to report deviations 
from permit requirements to the permit authority.
    (g) If you are operating as a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must submit an 
annual report according to Table 8 to this subpart by the date 
specified unless the Administrator has approved a different schedule, 
according to the information described in paragraphs (b)(1) through 
(b)(5) of this section. You must report the data specified in (g)(1) 
through (g)(3) of this section.
* * * * *
    20. Section 63.6655 is amended by revising paragraph (d) and adding 
paragraphs (e) and (f) to read as follows:


Sec.  63.6655  What records must I keep?

* * * * *
    (d) You must keep the records required in Table 7 to this subpart 
to show continuous compliance with each emission or operating 
limitation that applies to you.
    (e) If you own or operate a stationary emergency RICE with a site 
rating of equal to or less than 500 brake HP located at a major source 
of HAP emissions or a stationary emergency RICE located at an area 
source of HAP emissions you must keep records of the operation of the 
engine that is recorded through the non-resettable hour meter. You must 
keep records of the operation in emergency and non-emergency that are 
recorded through the non-resettable hour meter. You must record the 
time of operation of the engine and the reason the engine was in 
operation during that time.
    (f) If you own or operate a stationary emergency RICE with a site 
rating of equal to or less than 500 brake HP located at a major source 
of HAP emissions or a stationary emergency RICE located at an area 
source of HAP emissions, you must keep records documenting proper 
engine maintenance.
    21. Section 63.6665 is revised to read as follows:


Sec.  63.6665  What parts of the General Provisions apply to me?

    Table 9 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you. If you own or operate an 
existing 2SLB RICE, an existing 4SLB stationary RICE, an existing 4SRB 
RICE with a site rating of equal to or less than 500 brake HP located 
at a major source of HAP emissions, an existing 4SRB RICE located at an 
area source of HAP emissions, an existing CI stationary RICE, an 
existing stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, an existing emergency stationary RICE, or an existing limited 
use stationary RICE, you do not need to comply with any of the 
requirements of the General Provisions. If you own or operate a new 
stationary RICE that combusts landfill gas or digester gas equivalent 
to 10 percent or more of the gross heat input on an annual basis, a new 
emergency stationary RICE, or a new limited use stationary RICE, you do 
not need to comply with the requirements in the General Provisions 
except for the initial notification requirements.
    22. Section 63.6675 is amended by:
    a. Adding definitions of ``Certified stationary RICE,'' 
``Compression Ignition,'' ``Gasoline,'' ``Maximum engine power,'' 
``Model year,'' ``Non-methane hydrocarbons,'' ``Spark ignition,'' 
``Total hydrocarbons,'' and ``Useful life'' in alphabetical order;
    b. Removing the definitions for ``Compression ignition engine'' and 
``Spark ignition engine;'' and
    c. Revising the definitions of ``Emergency stationary RICE'' and 
``Natural gas;'' to read as follows:


Sec.  63.6675  What definitions apply to this subpart?

* * * * *
    Certified stationary RICE means an engine that belongs to an engine 
family that has a certificate of conformity that complies with the 
emission standards and requirements in this part, or of 40 CFR part 90 
or 40 CFR part 1048, as appropriate.
    Compression ignition means relating to a type of stationary 
internal combustion engine that is not a spark ignition engine.
* * * * *
    Emergency stationary RICE means any stationary RICE whose operation 
is limited to emergency situations and required testing and 
maintenance. Examples include stationary RICE used to produce power for 
critical networks or equipment (including power supplied to portions of 
a facility) when electric power from the local utility (or the normal 
power source, if the facility runs on its own power production) is 
interrupted, or stationary RICE used to pump water in the case of fire 
or flood, etc. Stationary RICE used for peak shaving are not considered 
emergency stationary RICE.
* * * * *
    Gasoline means any fuel sold in any State for use in motor vehicles 
and motor vehicle engines, or nonroad or stationary engines, and 
commonly or commercially known or sold as gasoline.
* * * * *
    Maximum engine power means maximum engine power as defined in 40 
CFR 1039.801.
    Model Year means either: the calendar year in which the engine was 
originally produced, or the annual new model production period of the 
engine manufacturer if it is different than the calendar year. This 
must include January 1 of the calendar year for which the model year is 
named. It may not begin before January 2 of the previous calendar year, 
and it must end by December 31 of the named calendar year. For an 
engine that is converted to a stationary engine after being placed into 
service as a nonroad or other non-stationary engine, model year means 
the calendar year or new model production period in which the engine 
was originally produced.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
non-hydrocarbon gases found in geologic formations beneath the Earth's 
surface, of which the principal constituent is methane. Natural gas may 
be field or pipeline quality.
    Non-methane hydrocarbons means the difference between the emitted 
mass of total hydrocarbons and the emitted mass of methane.
* * * * *
    Spark ignition means relating to either: a gasoline-fueled engine; 
or any other type of engine a spark plug (or other sparking device) and 
with operating characteristics significantly similar to the theoretical 
Otto combustion cycle. Spark ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation. 
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is 
used for CI and gaseous fuel (typically natural gas) is used as the 
primary fuel at an annual average ratio of less than 2 parts diesel 
fuel to 100 parts total fuel on an energy equivalent basis are spark 
ignition engines.
* * * * *

[[Page 33843]]

    Total hydrocarbons means the combined mass of organic compounds 
measured by the specified procedure for measuring total hydrocarbon, 
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of 
1.85:1.
* * * * *
    Useful 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 useful 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 useful 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). The values for useful life for stationary SI ICE 
with a maximum engine power less than or equal to 25 HP are given in 40 
CFR 90.105. The values for useful life for stationary SI ICE with a 
maximum engine power greater than 25 HP certified to 40 CFR part 1048 
are given in 40 CFR 1048.101(g). The useful life for stationary SI ICE 
with a maximum engine power greater than 25 HP certified under the 
voluntary manufacturer certification program 40 CFR part 60 subpart 
JJJJ is 8,000 hours or 10 years, whichever comes first.
    23. Table 1a to Subpart ZZZZ of Part 63 is revised to read as 
follows:

Table 1a to Subpart ZZZZ of Part 63.--Emission Limitations for Existing,
   New, and Reconstructed Spark Ignition, 4SRB Stationary RICE >500 HP
               Located at a Major Source of HAP Emissions
    [As stated in Sec.   63.6600, you must comply with the following
emission limitations for existing, new and reconstructed 4SRB stationary
 RICE >500 HP located at a major source of HAP emissions at 100 percent
                     load plus or minus 10 percent:]
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                 emission limitations . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE................  a. reduce formaldehyde
                                          emissions by 76 percent or
                                          more. If you commenced
                                          constructed or reconstruction
                                          between December 19, 2002, and
                                          June 15, 2004, you may reduce
                                          formaldehyde emissions by 75
                                          percent or more until June 15,
                                          2007;
                                         or
                                         b. limit the concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust 350 ppbvd or less
                                          at 15 percent O2.
------------------------------------------------------------------------

    24. Table 1b to Subpart ZZZZ of Part 63 is revised to read as 
follows:

     Table 1b to Subpart ZZZZ of Part 63.--Operating Limitations for
  Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE
           >500 HP Located at a Major Source of HAP Emissions
[As stated in Sec.  Sec.   63.6600, 63.6630 and 63.6640, you must comply
 with the following operating emission limitations for existing, new and
 reconstructed 4SRB stationary RICE >500 HP located at a major source of
                             HAP emissions:]
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                 operating limitation . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with   a. maintain your catalyst so
 the requirement to reduce formaldehyde   that the pressure drop across
 emissions by 76 percent or more (or by   the catalyst does not change
 75 percent or more, if applicable) and   by more than 2 inches of water
 using NSCR;                              at 100 percent load plus or
                                          minus 10 percent from the
                                          pressure drop across the
                                          catalyst measured during the
                                          initial performance test; and
 
                   or
 
4SRB stationary RICE complying with the  b. maintain the temperature of
 requirement to limit the concentration   your stationary RICE exhaust
 of formaldehyde in the stationary RICE   so that the catalyst inlet
 exhaust to 350 ppbvd or less at 15       temperature is greater than or
 percent O2 and using NSCR.               equal to 750 [deg]F and less
                                          than or equal to 1250 [deg]F.
2. 4SRB stationary RICE complying with   comply with any operating
 the requirement to reduce formaldehyde   limitations approved by the
 emissions by 76 percent or more (or by   Administrator.
 75 percent or more, if applicable) and
 not using NSCR;
 
                   or
 
4SRB stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR.
------------------------------------------------------------------------

    25. Table 2a to Subpart ZZZZ of Part 63 is revised to read as 
follows:

[[Page 33844]]



 Table 2a to Subpart ZZZZ of Part 63.--Emission Limitations for New and
Reconstructed Lean Burn and Compression Ignition Stationary RICE >500 HP
               Located at a Major Source of HAP Emissions
    [As stated in Sec.   63.6600, you must comply with the following
  emission limitations for new and reconstructed lean burn and new and
 reconstructed compression ignition stationary RICE >500 HP located at a
   major source of HAP emissions at 100 percent load plus or minus 10
                                percent:]
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                 emission limitation . . .
------------------------------------------------------------------------
1. 2SLB stationary RICE................  a. reduce CO emissions by 58
                                          percent or more;
                                         or
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 12 ppmvd or
                                          less at 15 percent O2. If you
                                          commenced construction or
                                          reconstruction between
                                          December 19, 2002, and June
                                          15, 2004, you may limit
                                          concentration of formaldehyde
                                          to 17 ppmvd or less at 15
                                          percent O2 until June 15,
                                          2007.
2. 4SLB stationary RICE................  a. reduce CO emissions by 93
                                          percent or more;
                                         or
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 14 ppmvd or
                                          less at 15 percent O2.
3. CI stationary RICE..................  a. reduce CO emissions by 70
                                          percent or more;
                                         or
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 580 ppbvd or
                                          less at 15 percent O2.
------------------------------------------------------------------------

    26. Table 2b to Subpart ZZZZ of Part 63 is revised to read as 
follows:

 Table 2b to Subpart ZZZZ of Part 63.--Operating Limitations for New and
Reconstructed Lean Burn and Compression Ignition Stationary RICE >500 HP
               Located at a Major Source of HAP Emissions
   [As stated in Sec.  Sec.   63.6600, 63.6630, and 63.6640, you must
       comply with the following operating limitations for new and
 reconstructed lean burn and new and reconstructed compression ignition
   stationary RICE >500 HP located at a major source of HAP emissions:
------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                 operating limitation . . .
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary RICE and CI  a. maintain your catalyst so
 stationary RICE complying with the       that the pressure drop across
 requirement to reduce CO emissions and   the catalyst does not change
 using an oxidation catalyst; or 2SLB     by more than 2 inches of water
 and 4SLB stationary RICE and CI          at 100 percent load plus or
 stationary RICE complying with the       minus 10 percent from the
 requirement to limit the concentration   pressure drop across the
 of formaldehyde in the stationary RICE   catalyst that was measured
 exhaust and using an oxidation           during the initial performance
 catalyst.                                test; and
                                         b. maintain the temperature of
                                          your stationary RICE exhaust
                                          so that the catalyst inlet
                                          temperature is greater than or
                                          equal to 450 [deg]F and less
                                          than or equal to 1350 [deg]F.
2. 2SLB and 4SLB stationary RICE and CI  comply with any operating
 stationary RICE complying with the       limitations approved by the
 requirement to reduce CO emissions and   Administrator.
 not using an oxidation catalyst; or
 2SLB and 4SLB stationary RICE and CI
 stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst.
------------------------------------------------------------------------

    27. Tables 3 through 8 to Subpart ZZZZ of Part 63 are amended by:
    a. Redesignating Tables 3 through 8 as Tables 4 through 9;
    b. Adding Table 3; and
    c. Revising the newly redesignated Tables 4 through 9 to read as 
follows:

  Table 3 to Subpart ZZZZ of Part 63.--Emission Limitations for New and Reconstructed Stationary RICE <=500 HP
 Located at a Major Source of HAP Emissions or New or Reconstructed Stationary RICE Located at an Area Source of
                                                  HAP Emissions
----------------------------------------------------------------------------------------------------------------
                                                                                             You must meet the
           For each. . .             With a Maximum Engine   And with a Manufacture Date     following emission
                                          Power. . .                  of a. . .               limitation. . .
----------------------------------------------------------------------------------------------------------------
1. New or reconstructed SI          <=25 HP...............  January 1, 2008..............  Comply with the NMHC
 stationary RICE.                                                                           emission standards
                                                                                            for new SI engines
                                                                                            as specified in 40
                                                                                            CFR part 60 subpart
                                                                                            JJJJ Sec.
                                                                                            60.4233(a).
2. New or reconstructed SI          25=500..............  July 1, 2007.................   emission standards
 rich burn engines using LPG.                                                               for new SI engines
                                                                                            as specified in 40
                                                                                            CFR part 60 subpart
                                                                                            JJJJ Sec.
                                                                                            60.4233(b) or (c),
                                                                                            as applicable.
3. New or reconstructed non-
 emergency SI natural gas
 stationary RICE, except engines
 addressed in row 5 of this table.
 

[[Page 33845]]

 
                and                 25=500...............  July 1, 2007.................  Limit the
 emergency SI natural gas                                                                   concentration of
 Stationary RICE.                                                                           NMHC in the
                                                                                            stationary RICE
                                                                                            exhaust to 1.0 g/HP-
                                                                                            hr.
                and
 
New or reconstructed non-emergency  ......................  July 1, 2010.................  Limit the
 SI lean burn LPG stationary RICE.                                                          concentration of
                                                                                            NMHC in the
                                                                                            stationary RICE
                                                                                            exhaust to 0.7 g/HP-
                                                                                            hr.
5. New or reconstructed non-        250 <=HP <=500........  See applicability dates in     a. reduce CO
 emergency 4SLB stationary RICE                              Sec.   63.6595.                emissions by 93
 located at a major source of HAP                                                           percent or more;
 emissions (except landfill and                                                             or
 digester gas)).                                                                           b. limit the
                                                                                            concentration of
                                                                                            formaldehyde in the
                                                                                            stationary RICE
                                                                                            exhaust to 14 ppmvd
                                                                                            or less at 15
                                                                                            percent O2.
6. New or reconstructed 2007 model  Any...................  2007+ model year.............  Comply with the PM
 year and later CI stationary RICE.                                                         and NMHC emission
                                                                                            standards for new CI
                                                                                            engines as specified
                                                                                            in 40 CFR part 60
                                                                                            subpart IIII Sec.
                                                                                            Sec.   60.4204 and
                                                                                            60.4205, as
                                                                                            applicable.
7. New or reconstructed landfill/   HP<500................  January 1, 2008..............  Limit the
 digester gas stationary RICE.                                                              concentration of
                                                                                            NMHC in the
                                                                                            stationary RICE
                                                                                            exhaust to 1.0 g/HP-
                                                                                            hr.
                                    HP >=500..............  July 1, 2007.................  Limit the
                                                                                            concentration of
                                                                                            NMHC in the
                                                                                            stationary RICE
                                                                                            exhaust to 1.0 g/HP-
                                                                                            hr.
8. New or reconstructed emergency   Any...................  January 1, 2009..............  Limit the
 SI stationary RICE.                                                                        concentration of
                                                                                            NMHC in the
                                                                                            stationary RICE
                                                                                            exhaust to 1.0 g/HP-
                                                                                            hr.
----------------------------------------------------------------------------------------------------------------
a Stationary SI natural gas and lean burn LPG engines between 25 and 50 HP may comply with the requirements of
  row 2 of this table, instead of row 3 of this table, as applicable.


    Table 4 to Subpart ZZZZ of Part 63.--Subsequent Performance Tests
 As stated in Sec.  Sec.   63.6615 and 63.6620, you must comply with the
           following subsequent performance test requirements:
------------------------------------------------------------------------
                               Complying with the
       For each . . .         requirement to . . .     You must . . .
------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI         Reduce CO emissions   Conduct subsequent
 stationary RICE.              and not using a       performance tests
                               CEMS.                 semiannually.\a\
2. 4SRB stationary RICE with  Reduce formaldehyde   Conduct subsequent
 a brake HP >=5,000 HP.        emissions.            performance tests
                                                     semiannually.\a\
3. Stationary RICE (all       Limit the             Conduct subsequent
 stationary RICE               concentration of      performance tests
 subcategories and all brake   formaldehyde in the   semiannually.\a\
 HP ratings.                   stationary RICE
                               exhaust.
4. New and reconstructed non- Limit the             Conduct subsequent
 emergency stationary RICE     concentration of      performance tests
 with a brake HP >500 HP       NMHC in the           every 3 years or
 located at an area source     stationary RICE       8,760 hours of
 of HAP emissions.             exhaust.              operation,
                                                     whichever comes
                                                     first.\b\
------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.
\b\ New and reconstructed uncertified stationary RICE with a brake HP
  <=500 are not required to conduct subsequent performance testing
  unless the stationary RICE is rebuilt or undergoes major repair or
  maintenance. Certified engines are not required to conduct any
  performance testing.


                     Table 5 to Subpart ZZZZ of Part 63.--Requirements for Performance Tests
      [As stated in Sec.  Sec.   63.6610, 63.6611, 63.6620, and 63.6640, you must comply with the following
                            requirements for performance tests for stationary RICE:]
----------------------------------------------------------------------------------------------------------------
                                 Complying with                                               According to the
        For each . . .           the requirement   You must . . .        Using . . .            following to
                                      . . .                                                  requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI           a. reduce CO      i. measure the    (1) portable CO and    (a) using ASTM D6522-
 stationary RICE.                emissions.        O2 at the inlet   O2 analyzer.           00 (2005) \a\
                                                   and outlet of                            (incorporated by
                                                   the control                              reference see Sec.
                                                   device; and                              63.14). Measurements
                                                                                            to determine O2 must
                                                                                            be made at the same
                                                                                            time as the
                                                                                            measurements for CO
                                                                                            concentration.
                                ii. measure the   (1) portable CO   (a) using ASTM D6522-
                                 CO at the inlet   and O2 analyzer.  00 (2005) \a\
                                 and the outlet                      (incorporation by
                                 of the control                      reference, see Sec.
                                 device.                              63.14). The CO
                                                                     concentration must
                                                                     be at 15 percent O2,
                                                                     dry basis.

[[Page 33846]]

 
2. 4SRB stationary RICE.......  a. reduce         i. select the     (1) Method 1 or 1A of  (a) sampling sites
                                 formaldehyde      sampling port     40 CFR part 60,        must be located at
                                 emissions.        location and      appendix A Sec.        the inlet and outlet
                                                   the number of     63.7(d)(1)(i).         of the control
                                                   traverse                                 device.
                                                   points; and.
                                ................  ii. measure O2    (1) Method 3 or 3A or  (a) measurements to
                                                   at the inlet of   3B of 40 CFR part      determine O2
                                                   the control       60, appendix A, or     concentration must
                                                   device; and       ASTM Method D6522-     be made at the same
                                                                     00(2005).              time as the
                                                                                            measurements for
                                                                                            formaldehyde
                                                                                            concentration.
                                ................  iii. measure      (1) Method 4 of 40     (a) measurements to
                                                   moisture          CFR part 60,           determine moisture
                                                   content at the    appendix A, or Test    content must be made
                                                   inlet and         Method 320 of 40 CFR   at the same time and
                                                   outlet of the     part 63, appendix A    location as the
                                                   control device;   or ASTM D 6348-03.     measurements for
                                                   and                                      formaldehyde
                                                                                            concentration.
                                ................  iv. measure       (1) Method 320 or 323  (a) formaldehyde
                                                   formaldehyde at   of 40 CFR part 63,     concentration must
                                                   the inlet and     appendix A; or ASTM    at 15 percent O2,
                                                   the outlet of     D6348-03, \b\          dry basis. Results
                                                   the control       provided in ASTM       of this test consist
                                                   device.           D6348-03 Annex A5      of the average of
                                                                     (Analyte Spiking       the three 1-hour or
                                                                     Technique), the        longer runs.
                                                                     percent R must be
                                                                     greater than or
                                                                     equal to 70 and less
                                                                     than or equal to 130.
3. stationary RICE............  a. limit the      i. select the     (1) Method 1 or 1A of  (a) if using a
                                 concentration     sampling port     40 CFR part 60,        control device, the
                                 of formaldehyde   location and      appendix A Sec.        sampling site must
                                 in the            the number of     63.7(d)(1)(i).         be located at the
                                 stationary RICE   traverse                                 outlet of the
                                 exhaust.          points; and                              control device.
                                ................  ii. determine     (1) Method 3 or 3A or  (a) measurements to
                                                   the O2            3B of 40 CFR part      determine O2
                                                   concentration     60, appendix A, or     concentration must
                                                   of the            ASTM Method D6522-00   be made at the same
                                                   stationary RICE   (2005).                time and location as
                                                   exhaust at the                           measurements for
                                                   sampling port                            formaldehyde
                                                   location; and                            concentration.
                                ................  iii. measure      (1) Method 4 of 40     (a) measurements to
                                                   moisture          CFR part 60,           determine moisture
                                                   content of the    appendix A, or Test    content must be made
                                                   stationary RICE   Method 320 of 40 CFR   at the same time and
                                                   exhaust at the    part 63, appendix A,   location as the
                                                   sampling port     or ASTM D 6348-03.     measurements for
                                                   location; and                            formaldehyde
                                                                                            concentration.
                                ................  iv. measure       (1) Method 320 or 323  (a) Formaldehyde
                                                   formaldehyde at   of 40 CFR part 63,     concentration must
                                                   the exhaust of    appendix A; or ASTM    be at 15 percent O2,
                                                   the stationary    D6348-03 \b\           dry basis. Results
                                                   RICE.             provided in ASTM       of this test consist
                                                                     D6348-03 Annex A5      of the average of
                                                                     (Analyte Spiking       the three 1-hour or
                                                                     Technique), the        longer runs.
                                                                     percent R must be
                                                                     greater than or
                                                                     equal to 70 and less
                                                                     than or equal to 130.
4. New or reconstructed         limit the         i. select the     (1) Method 1 or 1A of  (a) if using a
 uncertified stationary RICE,    concentration     sampling port     40 CFR part 60,        control device, the
 except stationary RICE with a   of NMHC in the    location and      appendix A.            sampling site must
 brake HP >500 located at a      stationary RICE   the number of                            be located the
 major source of HAP emissions   exhaust.          traverse                                 outlet of the
 and new and reconstructed                         points;                                  control device.
 4SLB stationary RICE
 250<=HP<=500 located at a
 major source of HAP emissions.

[[Page 33847]]

 
                                ................  ii. If,           (2) Method 4 of 40     (b) measurements to
                                                   necessary,        CFR part 60,           determine moisture
                                                   measure           appendix A.            must be made at the
                                                   moisture                                 same time as the
                                                   content of the                           measurement for NMHC
                                                   stationary                               concentration.
                                                   internal
                                                   combustion
                                                   engine exhaust
                                                   at the sampling
                                                   port location;
                                                   and
                                ................  iii. measure      (3) Method 25 or       (c) Results of this
                                                   NMHC at the       Methods 25A and 18     test consist of the
                                                   exhaust of the    of 40 CFR part 60,     average of the three
                                                   stationary        appendix A.            1-hour or longer
                                                   internal                                 runs.
                                                   combustion
                                                   engine.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
  00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
  Harbor Drive, West Conshohocken, PA 19428--2959, or University Microfilms International, 300 North Zeeb Road,
  Ann Arbor, MI 48106.
\b\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
  Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
  International, 300 North Zeeb Road, Ann Arbor, MI 48106.


  Table 6 to Subpart ZZZZ of Part 63.--Initial Compliance with Emission
                  Limitations and Operating Limitations
[As stated in Sec.  Sec.   63.6625 and 63.6630 you must initially comply
     with the emission and operating limitations as required by the
                               following:]
------------------------------------------------------------------------
                                                          You have
        For each. . .          Complying with the   demonstrated initial
                               requirement to. . .   compliance if. . .
------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI         a. reduce CO          i. the average
 stationary RICE.              emissions and using   reduction of
                               oxidation catalyst,   emissions of CO
                               and using a CPMS.     determined from the
                                                     initial performance
                                                     test achieves the
                                                     required CO percent
                                                     reduction; and
                                                    ii. you have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. you have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
2. 2SLB, 4SLB, and CI         a. reduce CO          i. the average
 stationary RICE.              emissions and not     reduction of
                               using oxidation       emissions of CO
                               catalyst.             determined from the
                                                     initial performance
                                                     test achieves the
                                                     required CO percent
                                                     reduction; and
                                                    ii. you have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. you have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
3. 2SLB, 4SLB, and CI         a. reduce CO          i. you have
 stationary Rice.              emissions, and        installed a CEMS to
                               using a CEMS.         continuously
                                                     monitor CO and
                                                     either O2 or CO2 at
                                                     both the inlet and
                                                     outlet of the
                                                     oxidation catalyst
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(a);
                                                     and
                                                    ii. you have
                                                     conducted a
                                                     performance
                                                     evaluation of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B; and
                                                    iii. the average
                                                     reduction of CO
                                                     calculated using
                                                     Sec.   63.6620
                                                     equals or exceeds
                                                     the required
                                                     percent reduction.
                                                     The initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average percent
                                                     reduction achieved
                                                     during the 4-hour
                                                     period.

[[Page 33848]]

 
4. 4SRB stationary RICE.....  a. reduce             i. the average
                               formaldehyde          reduction of
                               emissions and using   emissions of
                               NSCR.                 formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. you have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. you have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
5. 4SRB stationary RICE.....  a. reduce             i. the average
                               formaldehyde          reduction of
                               emissions and not     emissions of
                               using NSCR.           formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction;
                                                     and
                                                    ii. you have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. you have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
6. Stationary RICE..........  a. limit the          i. the average
                               concentration of      formaldehyde
                               formaldehyde in the   concentration
                               stationary RICE       corrected to 15
                               exhaust and using     percent O2, dry
                               oxidation catalyst    basis, from the
                               or NSCR.              three test runs is
                                                     less than or equal
                                                     to the formaldehyde
                                                     emission
                                                     limitation; and
                                                    ii. you have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. you have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
7. Stationary RICE..........  a. limit the          i. the average
                               concentration of      formaldehyde
                               formaldehyde in the   concentration,
                               stationary RICE       corrected to 15
                               exhaust and not       percent O2, dry
                               using oxidation       basis, from the
                               catalyst or NSCR.     three test runs is
                                                     less than or equal
                                                     to the formaldehyde
                                                     emission
                                                     limitation; and
                                                    ii. you have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. you have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
8. New and reconstructed SI   meet emission         you have purchased
 stationary RICE with a        standards in Sec.     an engine certified
 maximum engine power <=25     63.6605.              to the emission
 HP.                                                 standards specified
                                                     in 40 CFR part 60,
                                                     subpart JJJJ Sec.
                                                     60.4233(a).
9. New and reconstructed SI   meet emission         you have purchased
 stationary RICE with a        standards in Sec.     an engine certified
 maximum engine power >25 HP   63.6605.              to the emission
 that use gasoline or that                           standards specified
 are rich burn and use LPG.                          in 40 CFR part 60,
                                                     subpart JJJJ, Sec.
                                                     Sec.   60.4233(b)
                                                     or (c), as
                                                     applicable.
10. New and reconstructed SI  meet emission         i. you have
 stationary RICE with a        standards in Sec.     purchased an engine
 maximum engine power >25 HP   63.6605.              certified to the
 that use fuels other than                           emission standards
 gasoline and are not rich                           specified in 40 CFR
 burn engines that use LPG.                          part 60, subpart
                                                     JJJJ; or
                                                    ii. the average NMHC
                                                     concentration, from
                                                     the three test runs
                                                     is less than or
                                                     equal to 0.7g/HP-
                                                     hr.
11. New and reconstructed CI  meet emission         you have purchased
 stationary RICE.              standards in Sec.     an engine certified
                               63.6605.              to the emission
                                                     standards specified
                                                     in 40 CFR part 60,
                                                     subpart IIII, Sec.
                                                     Sec.   60.4204 and
                                                     60.4205, as
                                                     applicable.
------------------------------------------------------------------------

.
[[Page 33849]]


Table 7 to Subpart ZZZZ of Part 63.--Continuous Compliance With Emission
                  Limitations and Operating Limitations
   [As stated in Sec.   63.6640, you must continuously comply with the
   emissions and operating limitations as required by the following:]
------------------------------------------------------------------------
                                                    You must demonstrate
                               Complying with the        continuous
       For each . . .         requirement to . . .   compliance by . . .
 
------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI         a. reduce CO          i. conducting
 stationary RICE.              emissions and using   semiannual
                               an oxidation          performance tests
                               catalyst, and using   for CO to
                               a CPM.                demonstrate that
                                                     the required CO
                                                     percent reduction
                                                     is achieved \a\;
                                                     and
                                                    ii. collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
2. 2SLB, 4SLB, and CI         a. reduce CO          i. conducting
 stationary RICE.              emissions and not     semiannual
                               using an oxidation    performance tests
                               catalyst, and using   for CO to
                               a CPMS.               demonstrate that
                                                     the required CO
                                                     percent reduction
                                                     is achieved \a\;
                                                     and
                                                    ii. collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
3. 2SLB, 4SLB, and CI         a. reduce CO          i. collecting the
 stationary RICE.              emissions and using   monitoring data
                               a CEMS.               according Sec.
                                                     63.6625(a),
                                                     reducing the
                                                     measurements to 1-
                                                     hour averages,
                                                     calculating the
                                                     percent reduction
                                                     of CO emissions
                                                     according to Sec.
                                                     63.6620; and
                                                    ii. demonstrating
                                                     that the catalyst
                                                     achieves the
                                                     required percent
                                                     reduction of CO
                                                     emissions over the
                                                     4-hour averaging
                                                     period; and
                                                    iii. conducting an
                                                     annual RATA of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B, as
                                                     well as daily and
                                                     periodic data
                                                     quality checks in
                                                     accordance with 40
                                                     CFR part 60,
                                                     appendix F,
                                                     procedure 1.
4. 4SRB stationary RICE.....  a. reduce             i. collecting the
                               formaldehyde          catalyst inlet
                               emissions and using   temperature data
                               NSCR.                 according to Sec.
                                                     63.6625(b); and
                                                    ii. reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    iv. measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
5. 4SRB stationary RICE.....  a. reduce             i. collecting the
                               formaldehyde          approved operating
                               emissionis and not    parameter (if any)
                               using NSCR.           data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    ii. reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
6. 4SRB stationary RICE with  reduce formaldehyde   conducting
 a brake HP >=5,000.           emissions.            semiannual
                                                     performance tests
                                                     for formaldehyde to
                                                     demonstrate that
                                                     the required
                                                     formaldehyde
                                                     percent reduction
                                                     is achieved \a\.

[[Page 33850]]

 
7. stationary RICE..........  limit the             i. conducting
                               concentration of      semiannual
                               formaldehyde in the   performance tests
                               stationary RICE       for formaldehyde to
                               exhaust and using     demonstrate that
                               oxidation catalyst    your emissions
                               or NSCR.              remain at or below
                                                     the formaldehyde
                                                     concentration the
                                                     stationary limit
                                                     \a\; and
                                                    ii. collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
8. stationary RICE..........  limit the             i. conducting
                               concentration of      semiannual
                               formaldehyde in the   performance tests
                               stationary RICE       for formaldehyde to
                               exhaust and not       demonstrate that
                               using oxidation       your emissions
                               catalyst or NSCR.     remain at or below
                                                     the formaldehyde
                                                     concentration limit
                                                     \a\; and
                                                    ii. collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    ii. reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
9. New and reconstructed      limit the             i. conducting
 uncertified stationary RICE   concentration of      performance tests
 with a brake HP >500          NMHC in the           every 3 years or
 located at an area source     stationary RICE       8,760 hours of
 of HAP emissions.             exhaust.              operation,
                                                     whichever comes
                                                     first for NMHC to
                                                     demonstrate that
                                                     the required NMHC
                                                     limit is achieved;
                                                     and
                                                    ii. operating and
                                                     maintaining your
                                                     stationary RICE and
                                                     control device
                                                     according to the
                                                     manufacturer's
                                                     written
                                                     instructions.
10. New and reconstructed     meet the emission     operating and
 certified stationary RICE,    standards specified   maintaining your
 except stationary RICE with   in 40 CFR part 60     stationary RICE and
 a brake HP >500 located at    subpart JJJJ Sec.     control device
 a major source of HAP         60.4233, as           according to the
 emissions.                    applicable.           manufacturer's
                                                     written
                                                     instructions.
------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.


                         Table 8 to Subpart ZZZZ of Part 63.--Requirements for Reports.
           [As stated in Sec.   63.6650, you must comply with the following requirements for reports:]
----------------------------------------------------------------------------------------------------------------
                                                                The report must contain    You must submit the
            For each . . .               You must submit a(n)            . . .                 report . . .
----------------------------------------------------------------------------------------------------------------
1. Stationary RICE with a brake HP     a. compliance report...  i. if there are no       (a) semiannually
 >500 located at a major source of                               deviations from any      according to the
 HAP emissions.                                                  emission limitations     requirements in Sec.
                                                                 or operating             63.6650(b).
                                                                 limitations that apply
                                                                 to you, a statement
                                                                 that there were no
                                                                 deviations from the
                                                                 emission limitations
                                                                 or operating
                                                                 limitations during the
                                                                 reporting period. If
                                                                 there were no periods
                                                                 during which the CMS,
                                                                 including CEMS and
                                                                 CPMS, was out-of-
                                                                 control, as specified
                                                                 in Sec.   63.8(c)(7),
                                                                 a statement that there
                                                                 were not periods
                                                                 during which the CMS
                                                                 was out-of-control
                                                                 during the reporting
                                                                 period; or.

[[Page 33851]]

 
                 and
 
New or reconstructed 4SLB stationary   .......................  ii. if you had a         (a) semiannually
 RICE with a 250<=HP<=500 located at                             deviation from any       according to the
 a major source of HAP emissions.                                emission limitation or   requirements in Sec.
                                                                 operating limitation     63.6650(b).
                                                                 during the reporting
                                                                 period, the
                                                                 information in Sec.
                                                                 63.6660(d). If there
                                                                 were periods during
                                                                 which the CMS,
                                                                 including CEMS and
                                                                 CPMS, was out-of-
                                                                 control, as specified
                                                                 in Sec.   63.8(c)(7),
                                                                 the information in
                                                                 Sec.   63.6650(e); or
                                                                iii. if you had a        (a) semiannually
                                                                 startup, shutdown or     according to the
                                                                 malfunction during the   requirements in Sec.
                                                                 reporting period, the    63.6650(b).
                                                                 information in Sec.
                                                                 63.10(d)(5)(i).
2. Stationary RICE with a brake HP     b. an immediate          i. actions taken for     (a) by fax or telephone
 >500 located at a major source of      startup, shutdown, and   the event; and.          within 2 working days
 HAP emissions.                         malfunction report if                             after starting actions
                                        actions addressing the                            inconsistent with the
                                        startup, shutdown, or                             plan.
                                        malfunction were
                                        inconsistent with your
                                        startup, shutdown, or
                                        malfunction plan
                                        during the reporting
                                        period.
                 and
 
New or reconstructed 4SLB stationary                            ii. the information in   (a) by letter within 7
 RICE with a 250<=HP<=500 located at                             Sec.                     working days after the
 a major source of HAP emissions.                                63.10(d)(5)(ii).         end of the event
                                                                                          unless you have made
                                                                                          alternative
                                                                                          arrangements with the
                                                                                          permitting
                                                                                          authorities. (Sec.
                                                                                          63.10(d)(5)(ii)) plan.
3. New or reconstructed stationary     c. Report..............  i. the fuel flow rate    (a) annually, according
 RICE which fires landfill or                                    of each fuel and the     to the requirements in
 digester gas equivalent to 10                                   heating values that      Sec.   63.6650.
 percent or more of the gross heat                               were used in your
 input on an annual basis.                                       calculations, and you
                                                                 must demonstrate that
                                                                 the percentage of heat
                                                                 input provided by
                                                                 landfill gas or
                                                                 digester gas, is
                                                                 equivalent to 10
                                                                 percent or more of the
                                                                 gross heat input on an
                                                                 annual basis; and.
                                                                ii. the operating        (a) see item
                                                                 limits provided in       3(c)(i)(a).
                                                                 your federally
                                                                 enforceable permit,
                                                                 and any deviations
                                                                 from these limits; and
                                                                iii. any problems or     (a) see item
                                                                 errors suspected with    3(c)(i)(a).
                                                                 the meters.
----------------------------------------------------------------------------------------------------------------


            Table 9 to Subpart ZZZZ of Part 63.--Applicability of General Provisions to Subpart ZZZZ
        [As stated in Sec.   63.6665, you must comply with the following applicable general provisions.]
----------------------------------------------------------------------------------------------------------------
     General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1..........................  General applicability    Yes....................
                                        of the General
                                        Provisions.
Sec.   63.2..........................  Definitions............  Yes....................  Additional terms
                                                                                          defined in Sec.
                                                                                          63.6675.
Sec.   63.3..........................  Units and abbreviations  Yes....................
Sec.   63.4..........................  Prohibited activities    Yes....................
                                        and circumvention.
Sec.   63.5..........................  Construction and         Yes....................
                                        reconstruction.
Sec.   63.6(a).......................  Applicability..........  Yes....................
Sec.   63.6(b)(1)-(4)................  Compliance dates for     Yes....................
                                        new and reconstructed
                                        sources.
Sec.   63.6(b)(5)....................  Notification...........  Yes....................
Sec.   63.6(b)(6)....................  [Reserved].............
Sec.   63.6(b)(7)....................  Compliance dates for     Yes....................
                                        new and reconstructed
                                        area sources that
                                        become major sources.

[[Page 33852]]

 
Sec.   63.6(c)(1)-(2)................  Compliance dates for     Yes....................
                                        existing sources.
Sec.   63.6(c)(3)-(4)................  [Reserved].............
Sec.   63.6(c)(5)....................  Compliance dates for     Yes....................
                                        existing area sources
                                        that become major
                                        sources.
Sec.   63.6(d).......................  [Reserved].............
Sec.   63.6(e)(1)....................  Operation and            Yes....................
                                        maintenance.
Sec.   63.6(e)(2)....................  [Reserved].............
Sec.   63.6(e)(3)....................  Startup, shutdown, and   Yes....................
                                        malfunction plan.
Sec.   63.6(f)(1)....................  Applicability of         Yes....................
                                        standards except
                                        during startup
                                        shutdown malfunction
                                        (SSM).
Sec.   63.6(f)(2)....................  Methods for determining  Yes....................
                                        compliance.
Sec.   63.6(f)(3)....................  Finding of compliance..  Yes....................
Sec.   63.6(g)(1)-(3)................  Use of alternate         Yes....................
                                        standard.
Sec.   63.6(h).......................  Opacity and visible      No.....................  Subpart ZZZZ does not
                                        emission standards.                               contain opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.6(i).......................  Compliance extension     Yes....................
                                        procedures and
                                        criteria.
Sec.   63.6(j).......................  Presidential compliance  Yes....................
                                        exemption.
Sec.   63.7(a)(1)-(2)................  Performance test dates.  Yes....................  Subpart ZZZZ contains
                                                                                          performance test dates
                                                                                          at Sec.  Sec.
                                                                                          63.6610 and 63.6611.
Sec.   63.7(a)(3)....................  CAA section 114          Yes....................
                                        authority.
Sec.   63.7(b)(1)....................  Notification of          Yes....................
                                        performance test.
Sec.   63.7(b)(2)....................  Notification of          Yes....................
                                        rescheduling.
Sec.   63.7(c).......................  Quality assurance/test   Yes....................
                                        plan.
Sec.   63.7(d).......................  Testing facilities.....  Yes....................
Sec.   63.7(e)(1)....................  Conditions for           Yes....................
                                        conducting performance
                                        tests.
Sec.   63.7(e)(2)....................  Conduct of performance   Yes....................  Subpart ZZZZ specifies
                                        tests and reduction of                            test methods at Sec.
                                        data.                                             63.6620.
Sec.   63.7(e)(3)....................  Test run duration......  Yes....................
Sec.   63.7(e)(4)....................  Administrator may        Yes....................
                                        require other testing
                                        under section 114 of
                                        the CAA.
Sec.   63.7(f).......................  Alternative test method  Yes....................
                                        provisions.
Sec.   63.7(g).......................  Performance test data    Yes....................
                                        analysis,
                                        recordkeeping, and
                                        reporting.
Sec.   63.7(h).......................  Waiver of tests........  Yes....................
Sec.   63.8(a)(1)....................  Applicability of         Yes....................  Subpart ZZZZ contains
                                        monitoring                                        specific for
                                        requirements.                                     monitoring at
                                                                                          requirements Sec.
                                                                                          63.6625.
Sec.   63.8(a)(2)....................  Performance              Yes....................
                                        specifications.
Sec.   63.8(a)(3)....................  [Reserved].............
Sec.   63.8(a)(4)....................  Monitoring for control   No.....................
                                        devices.
Sec.   63.8(b)(1)....................  Monitoring.............  Yes....................
Sec.   63.8(b)(2)-(3)................  Multiple effluents and   Yes....................
                                        multiple monitoring
                                        systems.
Sec.   63.8(c)(1)....................  Monitoring system        Yes....................
                                        operation and
                                        maintenance.
Sec.   63.8(c)(1)(i).................  Routine and predictable  Yes....................
                                        SSM.
Sec.   63.8(c)(1)(ii)................  SSM not in Startup       Yes....................  Plan
                                        Shutdown Malfunction.
Sec.   63.8(c)(1)(iii)...............  Compliance with          Yes....................
                                        operation and
                                        maintenance
                                        requirements.
Sec.   63.8(c)(2)-(3)................  Monitoring system        Yes....................
                                        installation.
Sec.   63.8(c)(4)....................  Continuous monitoring    Yes....................  Except that subpart
                                        system (CMS)                                      ZZZZ does not require
                                        requirements.                                     Continuous Opacity
                                                                                          Monitoring System
                                                                                          (COMS).
Sec.   63.8(c)(5)....................  COMS minimum procedures  No.....................  Subpart ZZZZ does not
                                                                                          require COMS.
Sec.   63.8(c)(6)-(8)................  CMS requirements.......  Yes....................  Except that subpart
                                                                                          ZZZZ does not require
                                                                                          COMS.
Sec.   63.8(d).......................  CMS quality control....  Yes....................

[[Page 33853]]

 
Sec.   63.8(e).......................  CMS performance          Yes....................  Except for
                                        evaluation.                                       63.8(e)(5)(ii), which
                                                                                          applies to COMS.
Sec.   63.8(f)(1)-(5)................  Alternative monitoring   Yes....................
                                        method.
Sec.   63.8(f)(6)....................  Alternative to relative  Yes....................
                                        accuracy test.
Sec.   63.8(g).......................  Data reduction.........  Yes....................  Except that provisions
                                                                                          for COMS are not
                                                                                          applicable. Averaging
                                                                                          periods for
                                                                                          demonstrating
                                                                                          compliance are
                                                                                          specified at ''63.6635
                                                                                          and 63.6640.
Sec.   63.9(a).......................  Applicability and State  Yes....................
                                        delegation of
                                        notification
                                        requirements.
Sec.   63.9(b)(1)-(5)................  Initial notifications..  Yes....................  Except that Sec.
                                                                                          63.9(b)(3) is
                                                                                          reserved.
Sec.   63.9(c).......................  Request for compliance   Yes....................
                                        extension.
Sec.   63.9(d).......................  Notification of special  Yes....................
                                        compliance
                                        requirements for new
                                        sources.
Sec.   63.9(e).......................  Notification of          Yes....................
                                        performance test.
Sec.   63.9(f).......................  Notification of visible  No.....................  Subpart ZZZZ does not
                                        emission (VE)/opacity                             contain opacity or VE
                                        test.                                             standards.
Sec.   63.9(g)(1)....................  Notification of          Yes....................
                                        performance evaluation.
Sec.   63.9(g)(2)....................  Notification of use of   No.....................  Subpart ZZZZ does not
                                        COMS data.                                        contain opacity or VE
                                                                                          standards.
Sec.   63.9(g)(3)....................  Notification that        Yes....................  If alternative is in
                                        criterion for                                     use.
                                        alternative to RATA is
                                        exceeded.
Sec.   63.9(h)(1)-(6)................  Notification of........  Yes....................  Except that
                                                                                          notifications for
                                                                                          compliance status
                                                                                          sources using a CEMS
                                                                                          are due 30 days after
                                                                                          completion of
                                                                                          performance
                                                                                          evaluations.Sec.
                                                                                          63.9(h)(4) is
                                                                                          reserved.
Sec.   63.9(i).......................  Adjustment of submittal  Yes....................
                                        deadlines.
Sec.   63.9(j).......................  Change in previous       Yes....................
                                        information.
Sec.   63.10(a)......................  Administrative           Yes....................
                                        provisions for record
                                        keeping/reporting.
Sec.   63.10(b)(1)...................  Record retention.......  Yes....................
Sec.   63.10(b)(2)(i)-(v) SSM........  Records related to.....  Yes....................
Sec.   63.10(b)(2)(vi)-(xi)..........  Records................  Yes....................
Sec.   63.10(b)(2)(xii)..............  Record when under        Yes....................
                                        waiver.
Sec.   63.10(b)(2)(xiii).............  Records when using       Yes....................  For CO standard if
                                        alternative to RATA.                              using RATA
                                                                                          alternative.
Sec.   63.10(b)(2)(xiv)..............  Records of supporting    Yes....................
                                        documentation.
Sec.   63.10(b)(3)...................  Records of               Yes....................
                                        applicability
                                        determination.
Sec.   63.10(c)......................  Additional records for   Yes....................  Except that Sec.
                                        sources using CEMS.                               63.10(c)(2)-(4) and
                                                                                          (9) are reserved.
Sec.   63.10(d)(1)...................  General reporting        Yes....................
                                        requirements.
Sec.   63.10(d)(2)...................  Report of performance    Yes....................
                                        test results.
Sec.   63.10(d)(3)...................  Reporting opacity or VE  No.....................  Subpart ZZZZ does not
                                        observations.                                     contain opacity or VE
                                                                                          standards.
Sec.   63.10(d)(4)...................  Progress reports.......  Yes....................
Sec.   63.10(d)(5)...................  Startup, shutdown, and   Yes....................
                                        malfunction reports.
Sec.   63.10(e)(1) and (2)(i)........  Additional CMS reports.  Yes....................
Sec.   63.10(e)(2)(ii)...............  COMS-related report....  No.....................  Subpart ZZZZ does not
                                                                                          require COMS.
Sec.   63.10(e)(3)...................  Excess emission and      Yes....................  Except that Sec.
                                        parameter exceedances                             63.10(e)(3)(i)(C) is
                                        reports.                                          reserved.
Sec.   63.10(e)(4)...................  Reporting COMS data....  No.....................  Subpart ZZZZ does not
                                                                                          require COMS.
Sec.   63.10(f)......................  Waiver for               Yes....................
                                        recordkeeping/
                                        reporting.
Sec.   63.11.........................  Flares.................  No.....................
Sec.   63.12.........................  State authority and      Yes....................
                                        delegations.
Sec.   63.13.........................  Addresses..............  Yes....................
Sec.   63.14.........................  Incorporation by         Yes....................
                                        reference.
Sec.   63.15.........................  Availability of          Yes....................
                                        information.
----------------------------------------------------------------------------------------------------------------


[[Page 33854]]

PART 85--[AMENDED]

    28. The authority citation for part 85 continues to read as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

    29. Section 85.2401 is amended by revising paragraph (a)(13) to 
read as follows:


Sec.  85.2401  To whom do these requirements apply?

    (a) * * *
    (13) Stationary internal combustion engines (See 40 CFR part 60, 
subparts IIII and JJJJ).
* * * * *
    30. Section 85.2403 is amended by revising paragraph (b)(11) to 
read as follows:


Sec.  85.2403  What definitions apply to this subpart?

* * * * *
    (b) * * *
    (11) 40 CFR part 60, subparts IIII and JJJJ.
* * * * *
    31. Section 85.2405 is amended by adding paragraph (f) to read as 
follows:


Sec.  85.2405  How much are the fees?

* * * * *
    (f) Fees for stationary SI internal combustion engine certificate 
requests shall be calculated in the same manner as for NR SI 
certificate. Fees for certificate requests where the certificate would 
apply to stationary and mobile engines shall be calculated in the same 
manner as fees for the certificate requests for the applicable mobile 
source engines.

PART 90--[AMENDED]

    32. The authority citation for part 90 continues to read as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

    33. Section 90.1 is amended by adding paragraph (h) to read as 
follows:


Sec.  90.1  Applicability.

* * * * *
    (h) This part applies as specified in 40 CFR part 60 subpart JJJJ, 
to spark-ignition engines subject to the standards of 40 CFR part 60, 
subpart JJJJ.
    34. Section 90.107 is amended by adding paragraph (d)(12) to read 
as follows:


Sec.  90.107  Application for certificate.

* * * * *
    (d) * * *
    (12) A statement indicating whether the engine family contains only 
nonroad engines, only stationary engines, or both.
* * * * *
    35. Section 90.114 is amended by revising paragraph (c)(7) to read 
as follows:


Sec.  90.114  Requirement of certification--engine information label.

* * * * *
    (c) * * *
    (7) The statement ``THIS ENGINE CONFORMS TO U.S. EPA REGULATIONS 
FOR [MODEL YEAR] ENGINES.'';
* * * * *
    36. Section 90.201 is revised to read as follows:


Sec.  90.201  Applicability.

    The requirements of this subpart C are applicable to all Phase 2 
spark-ignition engines subject to the provisions of subpart A of this 
part except as provided in Sec.  90.103(a). These provisions are not 
applicable to any Phase 1 engines. Participation in the averaging, 
banking and trading program is voluntary, but if a manufacturer elects 
to participate, it must do so in compliance with the regulations set 
forth in this subpart. The provisions of this subpart are applicable 
for HC+NOX (NMHC+NOX) emissions but not for CO 
emissions. To the extent specified in 40 CFR part 60, subpart JJJJ, 
stationary engines certified under this part and subject to the 
standards of 40 CFR part 60, subpart JJJJ, may participate in the 
averaging, banking, and trading program described in this subpart.

PART 1048--[AMENDED]

    37. The authority citation for part 1048 continues to read as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

    38. Section 1048.1 is amended by revising paragraph (c) to read as 
follows:


Sec.  1048.1  Does this part apply to me?

* * * * *
    (c) The definition of nonroad engine in 40 CFR 1068.30 excludes 
certain engines used in stationary applications. These engines may be 
required by 40 CFR part 60, subpart JJJJ, to comply with some of the 
provisions of this part 1048; otherwise, these engines are only 
required to comply with the requirements in Sec.  1048.20. In addition, 
the prohibitions in 40 CFR 1068.101 restrict the use of stationary 
engines for nonstationary purposes unless they are certified under this 
part 1048 to the same standards that would apply to nonroad engines for 
the same model year.
* * * * *
    39. Section 1048.20 is amended by revising paragraph (a) 
introductory text and adding paragraph (c) to read as follows:


Sec.  1048.20  What requirements from this part apply to excluded 
stationary engines?

    (a) You must add a permanent label or tag to each new engine you 
produce or import that is excluded under Sec.  1048.1(c) as a 
stationary engine and is not required by 40 CFR part 60, subpart JJJJ, 
to meet the standards and other requirements of this part 1048 that are 
equivalent to the requirements applicable to nonroad SI engines for the 
same model year. To meet labeling requirements, you must do the 
following things:
* * * * *
    (c) Stationary engines required by 40 CFR part 60, subpart JJJJ, to 
meet the requirements of this part 1048, or 40 CFR part 90, must meet 
the labeling requirements of 40 CFR 60.4242.
    40. Section 1048.101 is amended by adding paragraph (a)(4) to read 
as follows:


Sec.  1048.101  What exhaust emission standards must my engines meet?

* * * * *
    (a) * * *
    (4) For constant-speed engines, the emission standards do not apply 
for transient testing if you do both of the following things:
    (i) Demonstrate that the specified transient duty-cycle is not 
representative of how your engines will operate in use.
    (ii) Demonstrate that the engine's emission controls will function 
properly to control emissions during transient operation in use. In 
most cases, you may do this by showing that you use the same controls 
as a similar variable-speed engine that is certified as complying with 
the emission standards during transient testing.
* * * * *
    41. Section 1048.205 is amended by revising paragraph (w) to read 
as follows:


Sec.  1048.205  What must I include in my application?

* * * * *
    (w) State whether your certification is intended to include engines 
used in stationary applications. Also State whether your certification 
is limited for certain engines. If this is the case, describe how you 
will prevent use of these engines in applications for which they are 
not certified. This applies for engines such as the following:
    (1) Constant-speed engines.
    (2) Variable-speed engines.
* * * * *

[[Page 33855]]

PART 1065--[AMENDED]

    42. The authority citation for part 1065 continues to read as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

    43. Section 1065.1 is amended by adding paragraph (a)(6) to read as 
follows:


Sec.  1065.1  Applicability.

    (a) * * *
    (6) Stationary spark-ignition engines certified using the 
provisions of 40 CFR part 1048, as indicated under 40 CFR part 60, 
subpart JJJJ, the standard-setting part for these engines.
* * * * *

PART 1068--[AMENDED]

    44. The authority citation for part 1068 continues to read as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

    45. Section 1068.1 is amended by adding paragraph (a)(5) to read as 
follows:


Sec.  1068.1  Does this part apply to me?

    (a) * * *
    (5) Stationary spark-ignition engines certified to the provisions 
of 40 CFR part 1048, as indicated under 40 CFR part 60, subpart JJJJ.
* * * * *
[FR Doc. 06-4919 Filed 6-9-06; 8:45 am]
BILLING CODE 6560-50-P