[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Rules and Regulations]
[Pages 39154-39185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5968]



[[Page 39153]]

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Part II





Environmental Protection Agency





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40 CFR Parts 60, 85 et al.



Standards of Performance for Stationary Compression Ignition Internal 
Combustion Engines; Final Rule

  Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules 
and Regulations  

[[Page 39154]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 85, 89, 94, 1039, 1065, and 1068

[EPA-HQ-OAR-2005-0029, FRL-8190-7]
RIN 2060-AM82


Standards of Performance for Stationary Compression Ignition 
Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is promulgating standards of performance for stationary 
compression ignition (CI) internal combustion engines (ICE). The 
standards will implement section 111(b) of the Clean Air Act (CAA) and 
are based on the Administrator's determination that stationary CI ICE 
cause, or contribute significantly to, air pollution that may 
reasonably be anticipated to endanger public health or welfare. The 
intended effect of the standards is to require all new, modified, and 
reconstructed stationary CI ICE to use the best demonstrated system of 
continuous emission reduction, considering costs, non-air quality 
health, and environmental and energy impacts, not just with add-on 
controls, but also by eliminating or reducing the formation of these 
pollutants. The final standards will reduce nitrogen oxides 
(NOX) by an estimated 38,000 tons per year (tpy), 
particulate matter (PM) by an estimated 3,000 tpy, sulfur dioxide 
(SO2) by an estimated 9,000 tpy, non-methane hydrocarbons 
(NMHC) by an estimated 600 tpy, and carbon monoxide (CO) by an 
estimated 18,000 tpy in the year 2015.

DATES: The final rule is effective on September 11, 2006. The 
incorporation by reference of a certain publication listed in the final 
rule is approved by the Director of the Federal Register as of 
September 11, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2005-0029. We also rely on documents in Docket ID No. 
EPA-HQ-OAR-2003-0012 and incorporate that docket into the record for 
the final rule. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 Docket Facility is open from 8:30 a.m. 
to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
Docket telephone number is (202) 566-1742. 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 EPA Docket Center is (202) 
566-1742. As of the date of signature, the physical docket is 
temporarily unavailable due to flooding, but interested members of the 
public can receive the list of documents in the docket or any 
particular documents electronically by accessing the electronic docket 
or by calling the contact person. We hope that the physical docket will 
be accessible again before publication.

FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pagan, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), U.S. EPA, 
Research Triangle Park, North Carolina 27711; telephone number (919) 
541-5340; facsimile number (919) 541-5450; electronic mail address 
[email protected].

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

------------------------------------------------------------------------
                                                  Examples of regulated
             Category               NAICS \1\           entities
------------------------------------------------------------------------
Any manufacturer that produces or         2211  Electric power
 any industry using a stationary                 generation,
 internal combustion engine as                   transmission, or
 defined in the final rule.                      distribution.
                                        622110  Medical and surgical
                                                 hospitals.
                                        335312  Motor and generator
                                                 manufacturing.
                                         33391  Pump and compressor
                                                 manufacturing.
                                        333992  Welding and soldering
                                                 equipment
                                                 manufacturing.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your engine is regulated by this action, 
you should examine the applicability criteria in Sec.  60.4200 of the 
final rule. If you have any questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule will be available on the WWW 
through the Technology Transfer Network Web site (TTN). Following 
signature, EPA will post a copy of the final 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.
    Judicial Review. Under CAA section 307(b)(1), judicial review of 
the final rule is available only by filing a petition for review in the 
U.S. Court of Appeals for the District of Columbia by September 11, 
2006. Under CAA section 307(d)(7)(B), only an objection to the final 
rule that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
CAA section 307(b)(2), the requirements established by this final 
action may not be challenged separately in any civil or criminal 
proceedings brought by EPA to enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for EPA to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to EPA that it was impracticable to raise such objection within [the 
period for public comment] or if the grounds for such objection arose 
after the period for public comment (but within the same

[[Page 39155]]

time specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration to EPA should submit a Petition for Reconsideration to 
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to both the person(s) listed in the preceding FOR FURTHER 
INFORMATION CONTACT section, and the Director of the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20004.
    Background Information Document. EPA proposed new source 
performance standards (NSPS) for CI ICE on July 11, 2005 (70 FR 39870), 
and received 47 comment letters on the proposal. A background 
information document (BID) (``Response to Public Comments on Proposed 
Standards of Performance for Stationary Compression Ignition Internal 
Combustion Engines,'') containing EPA's responses to each public 
comment and the Economic Impact Analysis Report are available in Docket 
ID No. EPA-HQ-OAR-2005-0029.
    Organization of This Document. The following outline is provided to 
aid in locating information in the preamble.

I. Background
II. Summary of the Final Rule
    A. What is the source category regulated by the final rule?
    B. What are the pollutants regulated by the final rule?
    C. What sources are subject to the final rule?
    D. What are the final standards?
    E. What are the requirements for sources that are modified or 
reconstructed?
    F. What are the requirements for demonstrating compliance?
    G. What are the monitoring requirements?
    H. What are the reporting and recordkeeping requirements?
III. Summary of Significant Changes Since Proposal
    A. Applicability
    B. Fuel Requirements
    C. Maintenance and Testing
    D. Emission Standards
    E. Recordkeeping
IV. Summary of Responses to Major Comments
    A. Applicability/Effective Date
    B. Modeling Mobile Source Program
    C. Fuel Requirements
    D. Maintenance and Testing
    E. Emission Standards
    F. Military Training Engines
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?
    E. What are the benefits?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    This action promulgates NSPS that will apply to new stationary CI 
ICE. New source performance standards implement section 111(b) of the 
CAA, and are issued for categories of sources which cause, or 
contribute significantly to, air pollution which may reasonably be 
anticipated to endanger public health or welfare. The standards apply 
to new stationary sources of emissions, i.e., sources whose 
construction, reconstruction, or modification begins after a standard 
for those sources is proposed. NSPS 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.

II. Summary of the Final Rule

A. What is the source category regulated by the final rule?

    The final rule applies to stationary CI 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 (excluding paragraph (2)(ii) of that 
definition), and is not used to propel a motor vehicle or a vehicle 
used solely for competition. Stationary ICE include reciprocating ICE, 
rotary ICE, and other ICE, except combustion turbines. A CI engine 
means a type of stationary internal combustion engine that is not a 
spark ignition (SI) engine. A SI engine means a gasoline, natural gas, 
or liquefied petroleum gas 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 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 SI 
engines.

B. What are the pollutants regulated by the final rule?

    The pollutants to be regulated by the final rule are 
NOX, PM, CO, and NMHC.\1\ Emissions of sulfur oxides 
(SOX) will also be reduced through the use of lower sulfur 
fuel. Smoke emissions will also be reduced through the implementation 
of the final standards. Emissions of hazardous air pollutants (HAP) 
from these engines have been, or will be, regulated in separate 
rulemakings promulgated under CAA section 112.\2\
---------------------------------------------------------------------------

    \1\ Primarily for reasons of testing ease and because engine 
manufacturers are familiar with testing for NMHC, this rule, as with 
previous rules promulgating emission standards for mobile source 
internal combustion engines, uses NMHC rather than VOC as the metric 
for measuring organic compounds that can contribute to ozone 
formation. C.f. 40 CFR part 60, Method 25 (Determination of Total 
Gaseous Nonmethane Organic Emissions as Carbon.)
    \2\ Emissions of HAP from stationary reciprocating internal 
combustion engines (RICE) located at major sources were the subject 
of a final rule published on June 15, 2004 (69 FR 33473). Emissions 
of HAP from other stationary RICE will be the subject of another 
rulemaking that will be promulgated no later than December 20, 2007.
---------------------------------------------------------------------------

C. What sources are subject to the final rule?

    The affected source for the CI ICE NSPS is each stationary CI 
internal combustion engine whose construction, modification or 
reconstruction commenced after July 11, 2005. The date of construction 
is the date the engine is ordered by the owner or operator. Stationary 
CI ICE manufactured prior to April 1, 2006, that are not fire pump 
engines are not subject to the final rule, unless the engines are 
modified or reconstructed after July 11, 2005. Stationary fire pump CI 
ICE manufactured prior to July 1, 2006, are not subject to the final 
rule either, unless the engines are modified or reconstructed after 
July 11, 2005. Manufacturers of 2007 and later model year stationary CI 
ICE that are not fire pumps are subject to the final rule. For fire 
pump engines, the date of manufacturing is the date the engine is built 
into a certified National Fire Protection Association (NFPA) fire pump 
engine. Manufacturers of fire

[[Page 39156]]

pump engines are subject to the final rule beginning with the first 
model year that new fire pump engines in a particular horsepower class 
must meet standards more stringent than Tier 1 standards, which can be 
any model year from 2008 to 2011, depending on the horsepower of the 
engine.
    Owners and operators of new stationary CI ICE who are subject to 
the final rule (as discussed above) must meet the requirements of Sec.  
60.4208 of the final rule, which restricts the installation of engines 
subject to outdated emission standards. This restriction applies only 
to the installation of new engines subject to the final rule, and does 
not apply to the installation of previously used engines.

D. What are the final standards?

1. Overview
    The format of the final standard is an output-based emission 
standard for PM, NOX, CO, and NMHC in units of emissions 
mass per unit work performed (grams per kilowatt-hour (g/KW-hr)) and 
smoke standards as a percentage. The emission standards are generally 
modeled after EPA's standards for nonroad and marine diesel engines. 
The nonroad diesel engine standards are phased in over several years 
and have Tiers with increasing levels of stringency. The engine model 
year in which the Tiers take effect varies for different size ranges of 
engines. The Tier 1 standards were phased in for nonroad diesel engines 
beginning in 1996 to 2000. The Tier 2 nonroad CI standards are phased 
in starting from 2001 to 2006, and the Tier 3 limits are phased in 
starting from 2006 to 2008. The Tier 3 limits apply for engines greater 
than or equal to 50 and less than or equal to 750 horsepower (HP) only. 
Tier 4 limits for nonroad engines are phased in beginning in 2008.
2. Final Standards for Engine Manufacturers
    Engine manufacturers must meet the emission standards of the rule 
during the useful life of the engine. a. 2007 Model Year and Later Non-
Emergency Stationary CI ICE <=3,000 HP and With a Displacement <10 
Liters per Cylinder. The standards require that engine manufacturers 
certify their 2007 model year and later non-emergency stationary CI ICE 
with a maximum engine power less than or equal to 3,000 HP and a 
displacement of less than 10 liters per cylinder to the Tier 2 through 
Tier 4 nonroad diesel engine standards as shown in table 1 of this 
preamble, as applicable, for all pollutants, for the same model year 
and maximum engine power.

   Table 1.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for 2007 Model Year and Later Non-
 Emergency Engines <=3,000 HP and With a Displacement <10 Liters per Cylinder and 2011 Model Year and Later Non-
                  Emergency Engines >3,000 HP and With a Displacement <10 Liters per Cylinder a
----------------------------------------------------------------------------------------------------------------
                                       Model
       Maximum engine power           year(s)     NMHC + NOX      NMHC         NOX           CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)......................         2007    7.5 (5.6)  ...........  ...........    8.0 (6.0)  0.80 (0.60)
                                          2008+  ...........  ...........  ...........  ...........  0.40 (0.30)
8<=KW<19..........................         2007  ...........  ...........  ...........    6.6 (4.9)  0.80 (0.60)
(11<=HP<25).......................        2008+  ...........  ...........  ...........  ...........  0.40 (0.30)
19<=KW<37 (25<=HP<50).............         2007    7.5 (5.6)  ...........  ...........    5.5 (4.1)  0.60 (0.45)
                                      2008-2012  ...........  ...........  ...........  ...........  0.30 (0.22)
                                          2013+    4.7 (3.5)  ...........  ...........  ...........  0.03 (0.02)
37<=KW<56 (50<=HP<75).............         2007    7.5 (5.6)  ...........  ...........    5.0 (3.7)  0.40 (0.30)
                                      2008-2012    4.7 (3.5)  ...........  ...........  ...........     \a\ 0.30
                                                                                                          (0.22)
                                          2013+  ...........  ...........  ...........  ...........  0.03 (0.02)
56<=KW<75 (75<=HP<100)............         2007    7.5 (5.6)  ...........  ...........  ...........  0.40 (0.30)
                                      2008-2011    4.7 (3.5)  ...........  ...........  ...........  ...........
                                      2012-2013  ...........     \b\ 0.19     \b\ 0.40    5.0 (3.7)  0.02 (0.01)
                                                                   (0.14)       (0.30)
                                          2014+  ...........  0.19 (0.14)  0.40 (0.30)
75<=KW<130 (100<=HP<175)..........         2007    4.0 (3.0)  ...........  ...........  ...........  0.30 (0.22)
                                      2008-2011
                                      2012-2013  ...........     \b\ 0.19     \b\ 0.40    5.0 (3.7)  0.02 (0.01)
                                                                   (0.14)       (0.30)
                                          2014+  ...........  0.19 (0.14)  0.40 (0.30)
130<=KW<560 (175<=HP<750).........    2007-2010    4.0 (3.0)  ...........  ...........    3.5 (2.6)  0.20 (0.15)
                                      2011-2013  ...........     \b\ 0.19     \b\ 0.40  ...........  0.02 (0.01)
                                                                   (0.14)       (0.30)
                                          2014+  ...........  0.19 (0.14)  0.40 (0.30)
KW>560 (HP>750)...................    2007-2010    6.4 (4.8)  ...........  ...........    3.5 (2.6)  0.20 (0.15)
Except generator sets.............    2011-2014  ...........  0.40 (0.30)    3.5 (2.6)  ...........         0.10
                                                                                                         (0.075)
                                          2015+  ...........  0.19 (0.14)    3.5 (2.6)  ...........  0.04 (0.03)
Generator sets 560900 (HP>1200)...    2007-2010    6.4 (4.8)  ...........  ...........    3.5 (2.6)  0.20 (0.15)
                                      2011-2014  ...........  0.40 (0.30)  0.67 (0.50)  ...........         0.10
                                                                                                         (0.075)
                                          2015+  ...........  0.19 (0.14)  ...........  ...........  0.03 (0.02)
 
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\a\ A manufacturer has the option of skipping the 0.30 g/KW-hr PM standard for all 37-56 KW (50-75 HP) engines.
  The 0.03 g/KW-hr standard would then take effect 1 year earlier for all 37-56 KW (50-75 HP) engines, in 2012.
  The Tier 3 standard (0.40 g/KW-hr) would be in effect until 2012.
\b\ 50 percent of the engines produced have to meet the NOX + NMHC standard, and 50 percent have to meet the
  separate NOX and NMHC limits.

    b. 2007 Model Year and Later Non-Emergency Stationary CI ICE >3,000 
HP and With a Displacement <10 Liters per Cylinder. The standards 
require that engine manufacturers certify their 2007 through 2010 model 
year non-

[[Page 39157]]

emergency stationary CI ICE with a maximum engine power greater than 
3,000 HP and a displacement of less than 10 liters per cylinder to the 
emission standards shown in table 2 of this preamble. For 2011 model 
year and later non-emergency stationary CI ICE with a maximum engine 
power greater than 3,000 HP and a displacement of less than 10 liters 
per cylinder, manufacturers must certify these engines to the Tier 4 
nonroad diesel engine standards as shown in table 1 of this preamble, 
as applicable, for all pollutants, for the same model year and maximum 
engine power.

 Table 2.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for Pre-2007 Model Year Engines With a
   Displacement <10 Liters per Cylinder and 2007-2010 Model Year Engines >3,000 HP and With a Displacement <10
                                               Liters per Cylinder
----------------------------------------------------------------------------------------------------------------
            Maximum engine power                NMHC + NOX         HC          NOX           CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)................................      10.5 (7.8)  ...........  ...........    8.0 (6.0)   1.0 (0.75)
8<=KW<19 (11<=HP<25)........................       9.5 (7.1)  ...........  ...........    6.6 (4.9)  0.80 (0.60)
19<=KW<37 (25<=HP<50).......................       9.5 (7.1)  ...........  ...........    5.5 (4.1)  0.80 (0.60)
37<=KW<56 (50<=HP<75).......................  ..............  ...........    9.2 (6.9)  ...........  ...........
56<=KW<75 (75<=HP<100)......................  ..............  ...........    9.2 (6.9)  ...........  ...........
75<=KW<130 (100<=HP<175)....................  ..............  ...........    9.2 (6.9)  ...........  ...........
130<=KW<225 (175<=HP<300)...................  ..............    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
225<=KW<450 (300<=HP<600)...................  ..............    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
450<=KW<=560 (600<=HP<=750).................  ..............    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
KW>560 (HP>750).............................  ..............    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
----------------------------------------------------------------------------------------------------------------

     c. 2007 Model Year and Later Non-Emergency Stationary CI ICE with 
a Displacement >=10 and <30 Liters per Cylinder. The standards require 
that engine manufacturers certify their 2007 model year and later non-
emergency stationary CI ICE with a displacement of greater than or 
equal to 10 liters per cylinder and less than 30 liters per cylinder to 
the certification emission standards for new marine CI engines in 40 
CFR 94.8, as applicable, for all pollutants, for the same displacement 
and maximum engine power. These emission standards are shown in table 3 
of this preamble.

 Table 3.-- NOX, THC, CO, and PM Emission Standards in g/KW-hr for 2007
 Model Year and Later Stationary CI ICE With a Displacement >=10 and <30
                           Liters per Cylinder
------------------------------------------------------------------------
 Engine size--liters per cylinder, rated
                  power                     THC + NOX      CO       PM
------------------------------------------------------------------------
5.0<=displacement<15.0 All Power Levels..          7.8      5.0     0.27
15.0<=displacement<20.0 <3,300 KW........          8.7      5.0     0.50
15.0<=displacement<20.0 >=3,300 KW.......          9.8      5.0     0.50
20.0<=displacement<25.0 All Power Levels.          9.8      5.0     0.50
25.0<=displacement<30.0 All Power Levels.         11.0      5.0     0.50
------------------------------------------------------------------------

    d. 2007 Model Year and Later Emergency Stationary CI ICE <30 Liters 
per Cylinder. The standards require that manufacturers certify their 
2007 model year and later emergency stationary CI ICE less than or 
equal to 3,000 HP and with a displacement of less than 10 liters per 
cylinder that are not fire pump engines to Tier 2 through Tier 3 
nonroad CI engine emission standards, and Tier 4 nonroad CI engine 
standards that do not require add-on control, according to the nonroad 
diesel engine schedule. Manufacturers must certify their 2007 through 
2010 model year emergency stationary CI ICE greater than 3,000 HP and 
with a displacement less than 10 liters per cylinder that are not fire 
pump engines to the emission standards shown in table 2 of this 
preamble. Manufacturers must certify their 2011 model year and later 
emergency stationary CI ICE that are greater than 3,000 HP and with a 
displacement less than 10 liters per cylinder that are not fire pumps 
to Tier 2 and Tier 3 nonroad CI engine standards, and to Tier 4 nonroad 
CI engine standards that do not require add-on control. Manufacturers 
are required to certify their 2007 model year and later emergency 
stationary CI ICE with a displacement of greater than or equal to 10 
liters per cylinder and less than 30 liters per cylinder to the 
certification emission standards for new marine CI engines in 40 CFR 
94.8. Manufacturers must certify their post-Tier 1 emergency fire pumps 
to the emission standards shown in table 4 of this preamble.
3. Final Standards for Owners and Operators
    Owners and operators of stationary CI ICE are required to meet the 
emission standards in the final rule over the entire life of the 
engine.
    a. Stationary CI ICE with a Displacement <30 Liters per Cylinder. 
Owners and operators that purchase pre-2007 model year stationary CI 
ICE with a displacement of less than 10 liters per cylinder that are 
not fire pump engines must meet the emission standards for pre-2007 
model year engines, which are shown in table 2 of this preamble. Owners 
and operators that purchase pre-2007 model year stationary CI ICE with 
a displacement of greater than or equal to 10 and less than 30 liters 
per cylinder that are not fire pump engines must meet the emissions 
standards in 40 CFR 94.8(a)(1). Section 94.8(a)(1) specifies the 
following NOX limits: 17.0 g/KW-hr (12.7 g/HP-hr) when the 
maximum test speed is less than 130 revolutions per minute (rpm); 45.0 
x N-0.20 when maximum test speed is at least 130 but less 
than 2000 rpm, where N is the maximum test speed of the engine in rpm; 
and 9.8 g/KW-hr (7.3 g/HP-hr) when maximum test speed is 2000 rpm or 
more.
    Owners and operators that purchase fire pump engines must meet the 
emission standards in table 4 to the final rule.

[[Page 39158]]

    Owners and operators that purchase 2007 model year and later 
stationary CI ICE with a displacement of less than 30 liters per 
cylinder that are not fire pump engines, and post-Tier 1 fire pump 
engines, must purchase an engine that is certified by the manufacturer 
according to the provisions of the rule.
    b. Stationary CI ICE with a Displacement >=30 Liters per Cylinder. 
Owners and operators of stationary CI ICE with a displacement of 
greater than or equal to 30 liters per cylinder are required to reduce 
NOX emissions by 90 percent or more, or alternatively they 
must limit the emissions of NOX in the stationary CI 
internal combustion engine exhaust to 1.6 g/KW-hr (1.2 g/HP-hr). Owners 
and operators of stationary CI ICE with a displacement of greater than 
or equal to 30 liters per cylinder are also required to reduce PM 
emissions by 60 percent or more, or alternatively they must limit the 
emissions of PM in the stationary CI internal combustion engine exhaust 
to 0.15 grams per KW-hour (0.11 grams per HP-hour).
4. Final Standards for Manufacturers and Owners and Operators of 
Emergency Stationary Fire Pump Engines
    The rule requires that owners and operators of emergency fire pump 
engines meet the emission standards shown in table 4 of this preamble, 
for all pollutants, for the same model year and NFPA nameplate engine 
power. Starting with the model year in which the most stringent 
standards begin for each HP range, emergency fire pumps must be 
certified to the emission standards shown in table 4 of this preamble. 
Emergency fire pump engines between 50 and 600 HP with a rated speed of 
greater than 2,650 rpm have been given an additional 3 years to meet 
the most stringent emission standards.

     Table 4.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for Emergency Fire Pump Engines
----------------------------------------------------------------------------------------------------------------
           Maximum engine power                     Model year(s)           NMHC + NOX       CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)..............................  2010 and earlier.............   10.5 (7.8)    8.0 (6.0)   1.0 (0.75)
                                            2011 +.......................    7.5 (5.6)  ...........  0.40 (0.30)
8<=KW<19 (11<=HP<25)......................  2010 and earlier.............    9.5 (7.1)    6.6 (4.9)  0.80 (0.60)
                                            2011 +.......................    7.5 (5.6)  ...........  0.40 (0.30)
19<=KW<37 (25<=HP<50).....................  2010 and earlier.............    9.5 (7.1)    5.5 (4.1)  0.80 (0.60)
                                            2011 +.......................    7.5 (5.6)  ...........  0.30 (0.22)
37<=KW<56 (50<=HP<75).....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011 + \a\...................    4.7 (3.5)  ...........  0.40 (0.30)
56<=KW<75 (75<=HP<100)....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011 + \a\...................    4.7 (3.5)  ...........  0.40 (0.30)
75<=KW<130 (100<=HP<175)..................  2009 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2010 + \a\...................    4.0 (3.0)  ...........  0.30 (0.22)
130<=KW<225 (175<=HP<300).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009 + \a\...................    4.0 (3.0)  ...........  0.20 (0.15)
225<=KW<450 (300<=HP<600).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009 + \a\...................    4.0 (3.0)  ...........  0.20 (0.15)
450<=KW<=560 (600<=HP<=750)...............  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009 +.......................    4.0 (3.0)  ...........  0.20 (0.15)
KW>560 (HP>750)...........................  2007 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2008 +.......................    6.4 (4.8)  ...........  0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\a\ Emergency fire pump engines with a rated speed of greater than 2,650 rpm are allowed an additional 3 years
  to meet these standards.

5. Fuel Requirements
    In addition to emission standards, the final rule requires that 
beginning October 1, 2007, owners and operators of stationary CI ICE 
that use diesel fuel must only use diesel fuel meeting the requirements 
of 40 CFR 80.510(a), which requires that diesel fuel have a maximum 
sulfur content of 500 parts per million (ppm) and either a minimum 
cetane index of 40 or a maximum aromatic content of 35 volume percent. 
Beginning October 1, 2010, owners and operators of stationary CI ICE 
with a displacement of less than 30 liters per cylinder that use diesel 
fuel must only use diesel fuel meeting the requirements of 40 CFR 
80.510(b) for nonroad diesel fuel, which requires that diesel fuel have 
a maximum sulfur content of 15 ppm and either a minimum cetane index of 
40 or a maximum aromatic content of 35 volume percent. The final rule 
does not contain a standard for SO2; the use of low sulfur 
diesel fuel will result in lower emissions of SO2. EPA does 
not expect that the lubricity of the ultra low sulfur diesel (ULSD) 
will be an issue because additives can be added to ULSD to achieve a 
sufficient lubricity.
    Manufacturers of stationary CI ICE with a displacement of 30 liters 
per cylinder or more indicated that they are able to operate their 
engines on 500 ppm sulfur fuel, but they do not have any experience 
operating their engines on 15 ppm sulfur fuel, and they need to perform 
testing to ensure there are no problems with the lubricity of the ULSD 
fuel. The use of ULSD is not required for owners and operators of these 
engines.
    The fuel requirements of this rule only apply to engines that are 
subject to this rule, i.e., those engines that meet the applicability 
provisions of Sec.  60.4200 of the final rule.

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

    The final standards apply to stationary CI ICE that are modified or 
reconstructed after July 11, 2005. 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 CI ICE that are modified or 
reconstructed must meet the emission standards for the model year in 
which the engine was originally new, not the year the engine was 
modified or reconstructed. Therefore, a pre-2007 model year engine 
modified after 2007 must meet the emission standards for pre-2007 model 
year engines.

[[Page 39159]]

F. What are the requirements for demonstrating compliance?

1. Engine Manufacturers
    Manufacturers of stationary CI ICE must demonstrate compliance with 
the final rule by certifying that their 2007 model year and later 
stationary CI ICE with displacement less than 30 liters per cylinder 
meet the emission standards in the final rule using the certification 
procedures in subpart B of 40 CFR part 89, subpart C of 40 CFR part 94, 
or subpart C of 40 CFR part 1039, as applicable, and must test their 
engines as specified in those parts. Manufacturers of fire pump engines 
do not have to certify Tier 1 engines and, for post-Tier 1 engines, may 
use the optional test cycle provided in table 6 to the final rule. 
Manufacturers of certified stationary CI ICE that must meet the 
emission standards of 40 CFR part 1039 must also meet the emission-
related warranty requirements of 40 CFR 1039.120; the provisions in 40 
CFR 1039.125 and 40 CFR 1039.130, which require the engine manufacturer 
to provide engine installation and maintenance instructions to buyers; 
the engine labeling requirements in 40 CFR 1039.135; and the general 
compliance provisions in 40 CFR part 1068. Manufacturers of certified 
stationary CI ICE that must meet the emission standards of 40 CFR part 
89 or 40 CFR part 94 must meet the corresponding provisions of 40 CFR 
part 89 or 40 CFR part 94 for engines that would be covered by that 
part if they were nonroad (including marine) engines. After the Tier 4 
standards take effect, manufacturers of emergency stationary CI ICE 
that do not meet the standards for non-emergency engines must add to 
each such emergency engine a permanent label which states that the 
engine is for emergency use only. Engine manufacturers must also 
specify in the owner's manual that operation of emergency engines is 
limited to emergency operations and required maintenance and testing.
    Engine manufacturers that certify an engine family or families to 
standards under the final rule that are identical to standards 
applicable under 40 CFR part 89, 40 CFR part 94, or 40 CFR part 1039 
for that model year may certify any such family that contains both 
nonroad (including marine) and stationary engines as a single engine 
family and/or may include any such family containing stationary engines 
in the averaging, banking and trading (ABT) provisions applicable for 
such engines under those parts.
    EPA has used ABT often in the context of the nonroad engine 
program. The averaging provisions basically allow manufacturers to 
certify certain engine families to emission levels more stringent than 
required and to certify other engine families to levels less stringent 
than required, as long as the average emission levels to which these 
engine families are certified are at least equal to the appropriate 
standards. The banking program allows manufacturers to generate credits 
by certifying engine families to more stringent standards than required 
in a particular year and to use such credits in later years. The 
trading provisions allow engine manufacturers to trade credits with 
other engine manufacturers covered by the same requirements. The ABT 
provisions include significant restrictions and compliance 
requirements, including upper limits on the level to which any engine 
family may certify.
    Under the nonroad engine program, the ABT provisions, where 
applied, are important elements in our determination of the standards 
of performance that represent ``the greatest degree of emission 
reduction achievable through the application of technology which the 
Administrator determines will be available for the engines * * * to 
which the standards apply, giving appropriate consideration to the cost 
of applying such technology within the period of time available to 
manufacturers and to noise, energy and safety factors * * *.'' See CAA 
section 213(a)(3) and Natural Resources Defense Council v. Thomas, 805 
F.2d 410, 425 (D.C. Cir. 1986) (upholding EPA regulations allowing 
manufacturers to meet emission standards for heavy-duty engines by 
averaging among engine families); see also discussions at 69 FR 38996 
(June 29, 2004) and 55 FR 30584, 93-99 (July 26, 1990).
    Similarly, we believe that these ABT provisions are essential 
elements in our determination that the final standards reflect best 
BDT. The flexibility provided by the ABT provisions allows the 
manufacturer to adjust its compliance for engine families for which 
coming into compliance with the standards will be particularly 
difficult or costly, without special delays or exceptions having to be 
written into the final rule. Emission-credit programs also create an 
incentive for the early introduction of new technology (for example, to 
generate credits in early years to create compliance flexibility for 
later engines), which allows certain engine families to act as 
trailblazers for new technology. This improves the feasibility of 
achieving the standards for the entire population of regulated engines. 
EPA has concluded as a factual matter, as reflected in this final rule, 
that an ABT program, operated at the level of the manufacturer, 
represents the best system of emissions reductions, considering all 
relevant factors.
    We believe the ABT provisions are appropriate for this program. The 
ABT provisions are applicable to engine manufacturers, who manufacture 
numerous engines for use in all areas of the country, as opposed to the 
final owner/operators of the units. These standards will apply to 
hundreds of different engine families that will be used in tens of 
thousands of different engines. The flexibility provided by the ABT 
program is an important instrument for manufacturers to use in meeting 
the stringent standards of this program affecting a large number of 
engine families.
    We are finalizing minor revisions to several existing mobile source 
regulations to help incorporate several of these provisions.
    EPA is requiring that manufacturers of stationary CI ICE that are 
seeking certificates of conformity be subject to the same fee 
provisions as those promulgated for comparable land-based and marine 
nonroad engines in EPA's most recent fees rulemaking (see 69 FR 26222, 
May 11, 2004) and be required to comply with the fees rule in the same 
manner as manufacturers already subject to the fees regulations. 
Because EPA will be providing certificates of conformity to stationary 
CI ICE manufacturers and, thus is providing a service or thing of value 
to the manufacturers, the Independent Offices Appropriations Act (31 
U.S.C. 9701) authorizes such a fee collection. Having reviewed the 
recent fees rule for the motor vehicle and engine compliance program, 
and its associated cost study which examined EPA's incurred cost of 
compliance services, we believe that the fees provided in that rule are 
appropriate for the comparable costs of administering the compliance 
program for the engines associated with this final rule. These engines 
are subject to the same general compliance regime as land-based nonroad 
CI engines and, for those with a displacement between 10 and 30 liters 
per cylinder, marine engines covered by the existing fees rule. We 
believe fees for each respective request for certification of 
conformity for stationary CI ICE should have the same fee amount as for 
those engines.
    Under the provisions of the existing fees rule, the initial fees 
for certification applications received in the 2004 and 2005 calendar 
years (for example, $1,822 and $826, respectively, for land-based 
nonroad CI engines and marine engines) are adjusted on an annual basis

[[Page 39160]]

based on several factors, including any changes in the number of 
certificates in the respective fee categories. Thus, the number of 
certificates that EPA issues for the engines covered by this final rule 
will be included in the respective fee categories when EPA conducts its 
annual calculation for the purposes of adjusting fees based on the 
existing regulatory formula. Please note that the fee amounts for 
calendar year 2006 have slightly increased from the fee amounts for the 
2004 and 2005 calendar year fees. See EPA's Guidance Letter CCD-05-05 
at http://www.epa.gov/otaq/cert/dearmfr/dearmfr.htm. Finally, EPA 
believes it appropriate to commence the collection of fees immediately 
for each certification of conformity request once the final rule 
becomes effective.
2. Owners and Operators
    All engines and control devices must be installed, configured, 
operated, and maintained according to the specifications and 
instructions provided by the engine manufacturer. EPA has also included 
the option for owners and operators to follow procedures developed by 
the owner or operator that have been approved by the engine 
manufacturer for cases where site-specific conditions may require 
changes to the manufacturer's typical guidelines. Other compliance 
requirements for owners and operators of stationary CI ICE depend on 
the displacement and model year of the engine. Owners and operators of 
pre-2007 model year engines with a displacement less than 30 liters per 
cylinder and Tier 1 fire pump engines can demonstrate compliance by 
purchasing an engine that is certified to meet the nonroad emission 
standards for the model year and maximum engine power of the engine. 
Other information such as performance test results for each pollutant 
for a test conducted on a similar engine; data from the engine 
manufacturer; data from the control device vendor; or conducting a 
performance test can also be used to demonstrate compliance with the 
emission standards. The records which indicate that the engine is 
complying with the emission standards of the final rule must be kept on 
file by the owner or operator of the engine and be available for 
inspection by the enforcing agency. Engine manufacturers and/or control 
device vendors may provide such information at the time of sale. 
Manufacturers that provide such information to their customers may also 
choose to place a label on the engine that indicates the engine meets 
the applicable standards for stationary CI ICE under 40 CFR part 60, 
subpart IIII, as long as the label does not violate or otherwise 
interfere with other labels or requirements mandated by other 
regulations. If the owner or operator chooses to conduct a performance 
test to demonstrate compliance with the final rule, the test must be 
conducted according to the in-use testing procedures of 40 CFR 1039, 
subpart F.
    Starting with 2007 model year engines with a displacement of less 
than 30 liters per cylinder, owners and operators of engines that are 
not fire pump engines are required to demonstrate compliance by 
purchasing an engine certified to meet the applicable emission standard 
for the model year and maximum engine power of the engine. Certified 
fire pump engines will be available between 2008 and 2011, depending on 
the size of the engine. For 2007 model year and later fire pump engines 
that are not required to be certified, owners and operators can 
demonstrate compliance using the procedures specified for pre-2007 
model year engines. Beginning with the model years shown in table 3 to 
the final rule, owners and operators of fire pump engines must purchase 
certified engines.
    If in-use testing is conducted, the owner and operator of engines 
with a displacement of less than 30 liters per cylinder would be 
required to meet not-to-exceed (NTE) emission standards instead of the 
standards in tables 1 and 2 of this preamble. Engines that are 
complying with the emission standards in 40 CFR part 1039 (Tier 4 
standards) must not exceed the NTE standards for the same model year 
and maximum engine power as required in 40 CFR 1039.101(e) and 40 CFR 
1039.102(g)(1), except as specified in 40 CFR 1039.104(d) starting when 
NTE requirements take effect for nonroad diesel engines under 40 CFR 
part 1039. Engines that are complying with the emission standards in 40 
CFR 89.112 (Tier 2/3 standards), and engines that are pre-2007 model 
year engines must meet the NTE standards in Equation 1 of this 
preamble:

[GRAPHIC] [TIFF OMITTED] TR11JY06.008

Where:

NTE = The NTE emission standard for each pollutant.
STD = The certification emission standard specified for each pollutant 
in table 1 or 2 of this preamble for the same model year and maximum 
engine power.
M = 1.25

    Alternatively, stationary CI ICE that are complying with the 
emission standards in 40 CFR 89.112 or that are pre-2007 model year 
engines may use the testing procedures specified for engines with a 
displacement of greater than or equal to 30 liters per cylinder, 
described in the next paragraph, instead of the NTE provisions 
discussed above.
    Owners and operators of stationary CI ICE with a displacement of 
greater than or equal to 30 liters per cylinder must conduct an initial 
performance test to demonstrate compliance with the emissions 
reductions requirements, establish operating parameters and monitor 
operating parameters continuously. Non-emergency engines with a 
displacement of greater than or equal to 30 liters per cylinder must 
also conduct annual performance tests. The NTE standards do not apply 
to engines that have a displacement of greater than or equal to 30 
liters per cylinder. Testing conducted on these engines must be 
performed to demonstrate that NOX and PM emission standards 
are achieved, and the tests must be conducted within 10 percent of 100 
percent peak (or the highest achievable) load.

G. What are the monitoring requirements?

    Owners and operators of stationary CI ICE that are equipped with 
catalyzed diesel particulate filters (CDPF) must install a backpressure 
monitor that will notify the operator when the high backpressure limit 
of the engine is approached. All emergency stationary CI ICE must have 
a non-resettable hour meter to track the number of hours operated 
during any type of operation.

H. What are the reporting and recordkeeping requirements?

    The owner or operator of non-emergency stationary CI ICE that are 
greater than 3,000 HP or with a displacement of greater than or equal 
to 10 liters per cylinder, and non-emergency stationary CI ICE pre-2007 
model year engines greater than 175 HP and not certified, must submit 
an initial notification. The initial notification must contain 
information identifying the owner or operator, the engine and control 
device, and the fuel used. As mentioned, engines that are not certified 
have various options for demonstrating initial compliance, which would 
be documented in records available on-site. Also, all owners and 
operators must keep records of all information necessary to demonstrate 
compliance with the emission standards such as records of all 
notifications submitted, any maintenance conducted on the engine, any 
performance tests conducted on the engine (or performance tests 
conducted on a similar engine that is used to

[[Page 39161]]

demonstrate compliance), engine manufacturer or control device vendor 
information, etc. Owners and operators of certified engines must keep 
records of documentation from the manufacturer that the engine is 
certified to meet the emission standards. Owners and operators of 
engines that are equipped with CDPF must install a backpressure monitor 
and are required to maintain records of any corrective action taken 
after the backpressure monitor has notified the owner or operator that 
the backpressure limit is approached. These records must be available 
for viewing upon request by the enforcing agency. Owners and operators 
of emergency engines are not required to submit initial notifications. 
However, these engines must have a non-resettable hour meter. Owners 
and operators of emergency engines are required to keep records of 
their hours of operation. Owners and operators must record the time of 
operation of the engine and the reason the engine was in operation 
during that time.

III. Summary of Significant Changes Since Proposal

    Most of the rationale used to develop the proposed rule remains the 
same for the final rule. Therefore, the rationale previously provided 
in the rule, as proposed, is not repeated in the final rule, and the 
rationale sections of the rule, as proposed, should be referred to. 
Changes that have been made to the rule since proposal are discussed in 
this section with rationale following in the Summary of Responses to 
Major Comments section.

A. Applicability

    The final rule includes an exemption for engines used at test 
cells/stands.
    The final rule also exempts area sources from title V permit 
requirements.

B. Fuel Requirements

    The proposed rule required the same fuel requirements for all 
engines, except engines used in Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands. The final rule does not 
require owners and operators of stationary CI ICE with a displacement 
of greater than or equal to 30 liters per cylinder subject to the rule 
that use diesel fuel to meet the 15 ppm fuel sulfur requirements. 
Owners and operators of these engines are subject to the 500 ppm fuel 
requirements only, starting October 1, 2007.
    In addition, EPA received comments on the proposal requesting that 
EPA delay the sulfur requirements for diesel fuel intended for 
stationary ICE in rural areas of Alaska until 2010, consistent with the 
approach that was expected to be proposed for nonroad and highway 
engines in rural Alaska. EPA believes it is appropriate to address 
stationary, highway and nonroad fuel requirements in one rule where all 
issues can be addressed and resolved. Therefore, on October 13, 2005 
(70 FR 59690), EPA proposed to revise the provisions of 40 CFR part 69 
(Special Exemptions from the CAA) to delay low sulfur fuel requirements 
for rural areas of Alaska until December 1, 2010, except that certain 
engines, including any 2011 model year and later stationary CI engines 
operating in rural Alaska prior to December 1, 2010, would be required 
to meet the 15 ppm sulfur requirement for diesel fuel. EPA has included 
a special section in the final rule that specifies that until December 
1, 2010, owners and operators of stationary CI engines located in 
Alaska should refer to 40 CFR part 69 to determine the diesel fuel 
requirements applicable to such engines.
    In addition, the final regulations include language that allows 
Alaska to submit for EPA approval through rulemaking process, by no 
later than January 11, 2008, an alternative plan for implementing the 
requirements of this regulation for public-sector electrical utilities 
located in rural areas of Alaska not accessible by the Federal Aid 
Highway System. The alternative plan must be based on the requirements 
of section 111 of the CAA including any increased risks to human health 
and the environment and must also be based on the unique circumstances 
related to remote power generation, climatic conditions, and serious 
economic impacts resulting from implementation of 40 CFR Part 60, 
Subpart IIII.
    EPA has included an option in the final rule for owners and 
operators of pre-2011 model year engines located in remote areas of 
Alaska to petition the Administrator to use any fuels mixed with used 
oil that do not meet the fuel requirements in Sec.  60.4207 of the 
final rule beyond the required fuel deadlines. The owner or operator 
must show that there is no other place to burn the used oil. Each 
petition, if approved, is valid for a period of up to 6 months.
    EPA has clarified that the fuel requirements in Sec.  60.4207 of 
the final rule only apply to stationary CI ICE that are subject to the 
rule, and do not apply to new engines manufactured prior to April 1, 
2006, unless they have been modified or reconstructed after July 15, 
2005.

C. Maintenance and Testing

    The proposed rule limited the use of emergency engines for the 
purpose of maintenance and testing to 30 hours per year. This limit has 
been increased in the final rule to 100 hours per year. EPA has also 
included a provision that allows anyone to 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. EPA will not require a petition for additional hours 
if the hours beyond 100 hours per year for maintenance and testing 
purposes are mandated by regulation such as State or local 
requirements.

D. Emission Standards

    The emission standards for engines with a displacement of greater 
than or equal to 30 liters per cylinder in the final rule are different 
than in the rule, as proposed. EPA received comments that the proposed 
PM standards and the proposed NOX g/KW-hr standard were not 
achievable. EPA revised the standards for the final rule and believes 
the final levels are achievable through the use of on-engine controls, 
aftertreatment, and lower sulfur fuel.

E. Recordkeeping

    For emergency engines, EPA proposed that owners and operators 
record the use of the engine during non-emergency operation. These 
hours would be recorded through the non-resettable hour meter. Based on 
comments received on the rule, as proposed, EPA has determined that it 
is appropriate to require records of all operation, including hours 
operated during non-emergencies and hours operated during emergencies. 
The owner must also record the time of operation of the engine and the 
reason the engine was in operation during that time.

IV. Summary of Responses to Major Comments

    A more detailed summary of comments and EPA's responses can be 
found in the Summary of Public Comments document, which is available 
from the rulemaking docket (see ADDRESSES section).

A. Applicability/Effective Date

    Comment: One commenter expressed that the 6-month installation date 
deadlines in Sec.  60.4208 of the proposed rule are problematic and 
unworkable. The period of time between the manufacture of a stationary 
CI engine and its installation is regularly in excess of 6 months. The 
NSPS should incorporate the relevant anti-stockpiling

[[Page 39162]]

from the nonroad rule (40 CFR 89.1003(b)(4)) instead.
    Another commenter said that Sec.  60.4208(a) of the proposed rule 
does not exclude fire pumps (emergency CI ICE), but Sec.  60.4208(c) 
through (f) of the proposed rule does. A 6-month time limitation will 
become problematic, the commenter said. Due to construction project 
complexities, size and delays, NFPA certified fire pump engines may not 
be installed for as long as 1 year after the date of sale by the NFPA 
certifier. The NFPA certified fire pump engines are typically not 
purchased for inventory, and therefore, are self regulated by the date 
of manufacturer. The commenter stated that fire pump engines should be 
exempt from this fixed time restriction.
    Response: EPA agrees with the commenters that the 6-month deadline 
for installing engines of a previous tier is not long enough to allow 
for the time that typically elapses between order and installation of 
an engine and may prevent engine manufacturers from using up existing 
inventories of engines. Therefore, EPA increased the time limit to 24 
months after the beginning of the model year. EPA has also included 
anti-stockpiling provisions similar to those used for nonroad engines 
to prohibit stockpiling of previous tier engines in the final rule. 
Also, EPA was concerned about imports of non-compliant stationary CI 
engines and has made it clear in Sec.  60.4208 of the final rule that 
the limitations of that section apply to imports of engines with a 
displacement of less than 30 liters per cylinder also. Engines with a 
displacement greater than or equal to 30 liters per cylinder are not 
included in this provision since compliance with the emission standards 
for those engines can only be demonstrated through on-site stack 
testing. Finally, EPA has exempted stationary emergency fire pump 
engines from the deadlines in Sec.  60.4208(a) and (b) of the final 
rule to account for the fact that fire pumps have different timing 
requirements for the emission standards they have to meet.
    Comment: One commenter requested that the rule exempt area sources 
from the requirement to have a title V permit solely because of the 
presence of an affected engine.
    Response: 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 (new source performance standards) or 112 (national 
emissions standards for hazardous air pollutants),'' 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 such requirements.'' EPA has exempted many area sources 
subject to 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 CI 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 final rule because title V would not result in 
significant improvements to compliance with the CAA section 111(b) 
standard 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 section 
111(b) standards, the final rule requires the owner or operator of the 
area source to purchase a certified stationary CI engine. Certification 
that the engine meets the emission reduction requirements of this final 
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. EPA 
believes this strategy is the most effective way to ensure that the 
standard is met during the useful life of the engine. Also, title V 
would not result in significant improvements to compliance with the 
standard for these area sources because the section 111(b) standard 
itself contains adequate compliance requirements for these area 
sources, consistent with the CAA, without relying on title V.
    Second, title V would impose certain burdens and costs on area 
sources subject to this final 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(b) 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 final 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 the final rule, for example, small farming 
operations using diesel engines for irrigation purposes and small 
businesses and residential homeowners using diesel engines for back-up 
electrical power generation. (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 final rule. Thus, the burdens and cost of 
title V permits 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, consistent 
with the ``unnecessarily burdensome'' criterion of section 502(a) of 
the CAA.
    The strategy of this final rule, requiring the manufacture of 
cleaner burning emission sources (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 40 CFR part 70 (57 FR 32250, July 21, 1992) for reasons similar to 
those we describe today for stationary CI IC engines. (40 CFR 
70.3(b)(4) and 40 CFR 71.3(b)(4).)
    Thus, we have decided to exempt area sources subject to this final 
rule from title V operating permit requirements under 40 CFR part 70 
and 40 CFR part 71, and we have changed the applicability language in 
the final regulations to specify this. Under this approach, title V 
exemptions are

[[Page 39163]]

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 final rule.

B. Modeling Mobile Source Program

    Comment: Two commenters stated that the proposed standard layers 
mobile source requirements with similar 40 CFR part 60 requirements. 
These mobile legacy provisions, such as the General Provisions and 
testing requirements for nonroad engines, are foreign to stationary 
source operators. Two commenters said that a rule modeled after mobile 
standards is unnecessarily complex and includes requirements that are 
inconsistent with the legacy of stationary sources affected under 40 
CFR part 60. One commenter was concerned that an array of unforeseen 
implementation issues could arise in translating the mobile source 
criteria to stationary sources.
    One commenter said that the limits are based upon the engine model 
year and could lead to confusion. Limits for stationary sources have in 
the past been based upon the date of construction or operation. Two 
adjacent facilities may install identical engines manufactured by 
different companies and are of different model years. These engines 
could be subject to different limits. The facility that is subject to 
the more stringent limits may challenge the fairness of the limits and 
the cost to comply with the more stringent limits. This can be avoided 
by establishing limits based upon the date a source commences 
operation. The commenter added that compliance with NSPS limits is 
primarily based upon manufacturer guarantees. This is a new regulatory 
strategy for stationary sources. The New York (NY) Department of 
Environmental Conservation (DEC) issues permits to facility owners/
operators, which are contracts whereby the permittee agrees to comply 
with all applicable provisions. Manufacturers are not parties to 
permits issued by the NY DEC. Any violation of a permit condition is, 
therefore, the responsibility of the permittee. Any enforcement action 
initiated by the NY DEC would be against the permittee, not the 
manufacturer. The NY DEC's distributed generation rule (6 NYCRR part 
222) is structured in this way. If an engine is not in compliance with 
the limits, the owner/operator may have legal recourse against the 
manufacturer depending upon the conditions of a warranty. The NY DEC, 
not being a party to a warranty, would not have legal recourse against 
the manufacturer. This commenter recommended that the owner/operator be 
responsible for compliance with emission limits under the NSPS.
    Response: EPA disagrees with these commenters on certain issues. 
EPA agrees that aligning the NSPS with mobile standards and placing 
significant responsibility with manufacturer is somewhat unusual, but 
it is not an unprecedented regulatory strategy for stationary sources 
(40 CFR part 60, subpart AAA, Standards of Performance for New 
Residential Wood Heaters). EPA has determined that it is appropriate to 
develop a regulatory strategy for internal combustion engines that is 
generally directed towards engine manufacturers. EPA recognizes that 
the proposed approach is different than the strategy typically followed 
in NSPS rulemaking for stationary sources, which is often aimed at the 
owners and operators of stationary sources. However, EPA has worked 
with engine manufacturers throughout the rule development process, and 
it was determined that developing a rule that will affect engines at 
the manufacturing level, will achieve the best system of emission 
reduction while taking into account the cost of achieving such 
reductions. The certification of nonroad diesel engines is a well-
established program that engine manufacturers are familiar with. Engine 
manufacturers have indicated that they often design and manufacture the 
same engines for nonroad use as for stationary use. As mentioned in the 
preamble to the proposed rule, the vast majority of stationary CI 
engines are consumer products produced in mass quantities. Internal 
combustion engines have traditionally been regulated through the 
manufacturer for purposes of meeting mobile source regulations. 
Manufacturers have extensive experience with complying with such 
standards. It is also simpler, more reliable, and comparatively 
inexpensive to regulate stationary CI engines employing the same 
approach as for mobile sources than to create a new approach based on 
testing by every owner and operator.
    Moreover, EPA believes this method of regulation will be much 
easier for owners and operators (represented by the commenters) than a 
set of regulations aimed primarily at owners and operators. The 
commenters note that the proposed standards layer mobile source 
requirements on 40 CFR part 60 requirements, but EPA's mobile source 
regulations are directed towards manufacturers, so they will not 
substantially affect owners and operators. In general, owners and 
operators will be required to purchase certified engines, which are 
likely to be the only new engines available, since manufacturers will 
not be able to sell uncertified engines. This would seem to be 
preferable from an owner/operator's perspective than having to 
individually test all of its new engines initially and periodically 
thereafter to show compliance with the standards, and to engage in all 
of the other compliance procedures normally required for stationary 
sources. While EPA acknowledges that this approach is one with which 
stationary source owners and operators may not be accustomed, EPA 
believes that this approach will provide less burden to owners and 
operators than a more standard NSPS approach. Regarding the comments 
from NY DEC, EPA believes that because the owner/operator will be 
purchasing certified engines, it will know prior to purchase and 
installation the emission limits and costs for the engine. A 
manufacturer would not be selling identical engines for different model 
years unless the engine met the standards for both model years, so 
there would be no increased cost for the user. Unlike in other 
regulations, the emission-related costs are known from the outset, 
because they are inherent in the cost of the certified engine. The NSPS 
should have no effect on the manner in which NY DEC ensures compliance 
with its distributed generation rule. However, as discussed below, 
owners and operators do have responsibilities under the NSPS, 
compliance with which can be readily determined. EPA agrees that it 
would be appropriate to specify what parts of the General Provisions 
apply to engines subject to subpart IIII of 40 CFR part 60. In the 
final rule, EPA has included a table listing which General Provisions 
from 40 CFR part 60, subpart A, apply to stationary CI engines subject 
to this subpart.

C. Fuel Requirements

    Comment: One commenter stated that no operating experience 
currently exists for engines with a displacement of greater than or 
equal to 30 liters per cylinder with 15 ppm sulfur fuel, and therefore, 
an alternative should be worked out. The use of ULSD may have impacts 
on safety, reliability and durability of the stationary engine. At the 
current stage of technology, engine manufacturers will not be able to 
guarantee an engine operating

[[Page 39164]]

exclusively on ULSD. According to the European Union (EU) Directive 
1999/32/EC, the maximum sulfur content of heavy fuel oil is a maximum 
of 1 weight percent (10,000 ppm) from January 1, 2003, and in gas oil a 
maximum of 0.1 weight percent (1,000 ppm) from January 1, 2008. These 
fuels can be used in stationary CI engine plants without installed 
flue-gas desulfurization. According to the EU 2001/80/EC Directive, a 
maximum of 0.5 weight percent sulfur (850 milligrams per Normal (273.15 
[deg]Kelvin, 101.3 kilo Pascal (kPa)) cubic meters (mg/Nm3) 
SO2 at 3 percent oxygen (O2) and 280 mg/
Nm3 SO2 at 15 percent O2 fuel oil can 
be used in 50 to 100 megawatt (MW) boiler plants. Large CI engines are 
designed to operate on heavy fuel oil and the use of ultra clean light 
fuel oils (with different density, viscosity, etc., properties) may 
cause operation problems. The commenter requested that for large 
engines the requirement should be equivalent to 500 ppm after 2010 on 
the U.S. mainland. The commenter also stated it was reasonable for EPA 
to exempt Guam, American Samoa and the Commonwealth of the Northern 
Mariana Islands from fuel limits.
    Another commenter expressed that additional time may be necessary 
to phase in the use of ULSD with respect to new engines with a 
displacement of 30 liters per cylinder or greater.
    Response: EPA requested comments on whether ownes and operators of 
stationary CI engines with a displacement of greater than or equal to 
30 liters per cylinder should be required to use ULSD fuel. There is no 
information regarding the effect of burning 15 ppm sulfur fuel in 
stationary CI engines with a displacement of greater than or equal to 
30 liters per cylinder and operators of these engines have expressed 
concerns with burning such fuel. Manufacturers of engines with high 
displacement have told EPA that there is a large variety of fuels used 
in these engines and that the fuel used can contain a high sulfur 
content. The fuels used in large displacement engines are of a 
different grade than the fuels used in nonroad engines. Information EPA 
has received indicates that engines with a displacement of greater than 
or equal to 30 liters per cylinder are often designed to operate on 
residual fuels containing up to 5 percent sulfur, but that these 
engines can also operate on fuels with lower fuel content. Further 
information on this subject can be found in the docket (EPA-HQ-OAR-
2005-0029-0146). EPA believes it would be inappropriate to require 
owners and operators of these engines to use ULSD as the impacts of 
using such fuel are unknown. However, EPA does believe it is 
appropriate to require these engines to utilize fuel containing 500 ppm 
sulfur or less, consistent with the commenter's statement. The final 
rule has been written to require owners and operators of stationary CI 
engines with a displacement of greater than or equal to 30 liters per 
cylinder to use 500 ppm sulfur fuel starting October 1, 2007. Owners 
and operators of stationary CI engines with a displacement of greater 
than or equal to 30 liters per cylinder are not required to use 15 ppm 
sulfur fuel, but must use 500 ppm fuel from October 1, 2007, and 
beyond.
    Comment: One commenter expressed that the proposed fuel 
requirements would be burdensome to some facilities that store and use 
large inventories of diesel fuel. To comply with the proposed fuel 
requirements, an owner or operator of stationary CI engines with large 
fuel inventories may have to dilute/blend existing diesel fuel 
inventories with fuel that is virtually sulfur-free prior to each 
compliance date in Sec.  60.4207 of the proposed rule, and sample/
analyze the blended fuel for sulfur content, and cetane index or 
aromatic content to document compliance with the fuel content 
requirements. Sources with large fuel inventories may require dilution 
quantities that exceed the existing storage tank capacities, and 
diluting/blending would be an expensive task. Diluting/blending fuel to 
meet these requirements would require the procurement of diesel fuel 
that has a sulfur content and cetane index or aromatic content that 
would be much more stringent than the specified fuel sulfur content 
standards. As an alternative, owners/operators would have to deplete 
existing diesel fuel inventories completely prior to each compliance 
date and then purchase fuel that meets the requirements of 40 CFR 
80.510(a) and (b) for just-in-time fuel delivery prior to each 
compliance date. This alternative is not reasonable for owners/
operators that operate 24 hours a day. Also, depleting inventories to 
zero potentially would cause owners/operators to have to clean/remove 
tank bottoms to prevent fouling of fuel lines and equipment, and to 
have to dispose of off-specification diesel fuel, producing additional 
costs. The commenter requested that EPA include a grandfather clause 
that would allow owners/operators to continue to use up existing fuel 
inventories after October 1, 2007, and October 1, 2010. Alternatively, 
EPA could revise Sec.  60.4207(a) and (b) of the proposed rule by 
replacing the word ``use'' with ``purchase.''
    Response: EPA believes it is providing sufficient time for owners 
and operators to switch to using lower sulfur fuel. Substantial amounts 
of fuel meeting the fuel requirements will be available in the years 
and months prior to implementation of the fuel requirements. However, 
EPA understands that there may be cases where sources may be unable to 
use up existing non-compliant fuel inventories prior to the fuel 
compliance dates of the rule. EPA does not think it would be 
appropriate to include an open-ended provision allowing owners and 
operators to use up existing non-compliant fuel inventories after 
October 1, 2007 and October 1, 2010. Also, EPA does not believe it 
would be appropriate to use the word ``purchase'' instead of ``use'' in 
Sec.  60.4207 of the rule. A more reasonable provision, which takes 
into account that there may be varying volumes of existing fuels from 
site to site, would be for the owners and operators to petition the 
Administrator for additional time beyond the schedule set in the final 
rule to use up existing non-compliant fuels. EPA believes that a case-
by-case approach to dealing with existing fuel inventories is more 
appropriate and will incorporate the uniqueness of each source's fuel 
inventory situation. EPA has incorporated a provision into the final 
rule that allows owners and operators that have stationary CI engines 
subject to the rule to petition the Administrator for additional time 
to use up existing fuel inventories. If approved, the petition is valid 
for a period of up to 6 months. If additional time is needed beyond 
that, the owner or operator would have to submit another petition to 
the Administrator. Also, EPA does not believe such a provision should 
be included for engines built after 2011 as these stationary CI engines 
will require the use of ULSD in order to operate properly. Therefore, 
the final rule includes the provision to petition the Administrator to 
use up existing non-compliant fuel for a period of 6 months only for 
pre-2011 model year stationary CI engines.

D. Maintenance and Testing

    Comment: Several commenters said that the testing and maintenance 
allowance for emergency engines in the proposed rule was not 
sufficient. Many commenters recommended revising the definition of 
emergency engines to be consistent with 40 CFR part 63, subpart ZZZZ, 
for stationary RICE. Commenters recommended various maintenance and 
testing allowances. One commenter

[[Page 39165]]

recommended a minimum of 8 hours per month or 96 hours per year. One 
commenter encouraged EPA to either exempt hospitals, categorically from 
the restrictions, or apply a reasonable allowance of combined total 
operations of all emergency generators per hospital facility to 2,000 
hours per year. Four commenters recommended that EPA specify 100 hours 
per year instead, as a maximum for maintenance and readiness testing. 
Some commenters recommended that regulatory agencies could establish 
site-specific limits for maintenance checks and readiness testing. One 
commenter recommended allowing hospitals to petition for an exemption 
raising the limit beyond 100 hours as a permanent exemption or a one-
time exemption. One commenter recommended limiting maintenance and 
testing activities to 78 hours per year. One commenter said that the 
operation of an emergency engine should be at the discretion of the 
owner or operator, based on the engine manufacturer's recommendations 
and any applicable health and safety codes. The commenter believed this 
requirement is unnecessary because non-emergency engines will be 
allowed to operate without any hourly limitations.
    Response: As summarized above and in more detail in the Summary of 
Public Comments document, EPA received several comments on the issue of 
maintenance and testing of stationary emergency engines. EPA proposed 
to limit the time emergency engines spend during maintenance and 
testing to 30 hours per year, based on information available at the 
time of proposal indicating that 30 hours per year would be sufficient 
to address operation for such activities. For example, NFPA 
requirements stipulated 30 minutes per week (27 hours per year) for 
maintenance and testing purposes to ensure that the engine would 
respond properly in the event of an emergency. A survey conducted by 
the California (CA) Air Resources Board (ARB) indicated that emergency 
engines spend on average of about 30 hours per year for all operation. 
The proposed limit of 30 hours per year for maintenance and testing for 
stationary emergency CI engines was also consistent with the CA 
Airborne Toxic Control Measure (ATCM). Since the proposal of the rule, 
CA increased the maintenance and testing limit based on new information 
it had received, which indicated that more frequent testing was 
required by certain healthcare regulatory bodies. Local air districts 
in CA are allowed to approve additional hours of operation for 
maintenance and testing beyond 30 hours per year, and the ATCM also 
includes a sliding scale based on the PM levels the engine emits, of up 
to 100 hours per year. Considering the extent to which commenters 
provided information indicating that the proposed 30 hours per year 
allowance was not sufficient for most emergency engines, EPA has 
determined that it is appropriate to allow emergency engines to operate 
100 hours per year during maintenance and testing. It is crucial to 
allow owners and operators of emergency engines to sufficiently test 
and maintain their emergency engines to ensure the engines will respond 
properly and as expected during an emergency situation. The engines 
must respond without failure and without lengthy periods of startup and 
adequate testing and maintenance must therefore be performed. Based on 
the comments received, EPA believes that 100 hours per year is a 
sufficient amount to ensure readiness of emergency engines in most 
cases. The final rule has been written to limit operation of emergency 
engines to 100 hours per year during maintenance and testing operation. 
In addition, EPA believes that there may be cases where it is necessary 
for an owner or operator of emergency engines to operate their 
emergency engines beyond 100 hours per year to ensure their engines 
will respond as needed during an emergency. Additionally, Federal, 
State or local safety standards may require maintenance and testing 
beyond 100 hours per year. Therefore, EPA has incorporated a provision 
into the final rule that allows owners and operators to petition the 
Administrator for approval to operate their emergency engines for more 
than 100 hours per year for maintenance and testing purposes. If a 
sufficient case is presented, the Administrator may approve such 
petitions for additional time to conduct maintenance checks and 
readiness testing to ensure that emergency engines can be used for 
their intended application during emergency situations. A petition is 
not required if an owner or operator can show that operation beyond 100 
hours is required by regulation such as State or local requirements. 
EPA does not believe it is generally appropriate to allow unlimited 
hours for maintenance and testing, or hours well in excess of 100 
hours, as suggested by some commenters, given the substantial emissions 
that can occur from these engines during their operation and the 
ability of owners and operators to meet their maintenance and testing 
needs under the final provisions. The California ARB presented in Table 
IV-1 of their Staff Report from 2003 that PM and NOX 
emissions from emergency standby engines in 2002 were 0.3 and 6.4 tons 
per day, respectively. The maintenance and testing allowance in the 
final rule would include training for and simulation of emergency 
situations and EPA believes the 100 hours per year would be sufficient 
to account for such operation. Documented engine repair would also be 
considered maintenance and testing and the change from 30 to 100 hours 
per year should provide enough hours to make necessary repairs. 
Finally, peak shaving is not considered emergency use and EPA has 
clarified this in the definition of emergency engine in the final rule.

E. Emission Standards

    Comment: One commenter stated that as was the case with the nonroad 
engines from which stationary CI engines are derived, it remains the 
case that less stringent standards are necessary for non-generator 
engines greater than 750 HP.
    One commenter said that EPA should set stringent NOX 
emissions standards for all engines greater than 750 HP that are based 
on the use of add-on control technologies. The commenter estimated that 
stationary diesel engines greater than 750 HP make up about 20 percent 
of the total stationary engine population, but account for more than 
half the total emissions of NOX. The commenter has seen 
enough successful examples of the use of selective catalytic reduction 
(SCR) to control NOX emissions from stationary engines to 
conclude that EPA should base its NOX emissions standards 
for these engines on the use of add-on controls. EPA describes in 
docket information that SCR has been successfully installed in several 
applications based on State and vendor information. Several additional 
add-on NOX controls that are under development are described 
in the docket as well; NOX adsorbers, ozone injection and 
lean NOX catalysts. While these technologies are not 
commercially available yet, they could become viable options within the 
timeframe of these standards. The commenter believed the current use of 
SCR and the other available options for add-on NOX control 
support the more stringent standards. The commenter is not aware of any 
special issues with add-on controls on non-generator stationary 
engines. The commenter believed the issues would be no different than 
those associated with stationary generator sets and, therefore, saw no 
reason to set more lenient standards.
    One commenter believed that NOX standards for non-
generator, stationary engines with HP ratings of greater than

[[Page 39166]]

750 should be equivalent to NOX standards proposed for 
generators. Selective catalytic reduction systems have already been 
installed on stationary engines in this size range and can provide high 
efficiency NOX reductions in a cost effective manner. The 
commenter believed that installation issues with SCR on non-generator 
engines are no different than those associated with generator engines.
    One commenter strongly urged EPA to set aftertreatment forcing 
NOX standards for all non-emergency engines with a 
displacement of less than 10 liters per cylinder and greater than 750 
HP. The rationale for setting less stringent standards for nonroad 
engines other than generator sets were concerns about designing 
NOX adsorbers for the space constraints and physical 
stresses associated with mobile heavy equipment. These conditions do 
not apply to stationary engines. In the July 2004 nonroad rulemaking, 
EPA noted the use of SCR on stationary engines as a rationale for 
aftertreatment forcing NOX standards for mobile generator 
set engines.
    Regarding EPA's request for comments on whether the generator 
standards for NOX should be applied for non-emergency 
engines greater than 750 HP, one commenter believed that the non-
emergency generator engines should be limited to the same levels of 
emissions as other available ways to generate electricity from fossil 
fuel. The commenter recommended that limits for engines greater than 
750 HP be as stringent as limits for non-emergency engines in sizes 
between 75 HP and 750 HP, because the larger engines should be able to 
achieve the same limit as smaller engines, and there is sufficient time 
to transfer technology to engines greater than 750 HP. If a large 
engine cannot achieve comparable emission levels, then cleaner 
equipment, such as turbines, should be used.
    Two commenters made the comment that the requirement for add-on 
controls for engines above 750 HP with a displacement below 10 liters 
per cylinder should apply solely to continuously operating non-
emergency generators.
    Response: EPA proposed emission standards for non-emergency non-
generators above 750 HP that were not based on the use of add-on 
controls for NOX and were less stringent than the proposed 
standards for generator sets above 750 HP. These standards were 
consistent with nonroad standards for the same size engines. EPA 
solicited comments on this issue in the preamble to the proposed rule 
and received the comments as summarized above. Based on available 
information and comments received on this issue, EPA still believes it 
is appropriate to distinguish between non-generators and generators 
when finalizing standards for non-emergency stationary CI engines above 
750 HP. EPA did not receive any specific information or data 
demonstrating that the standards applicable to generator sets are 
feasible for engines above 750 HP that are not generator sets. Engine 
manufacturers have repeatedly expressed that less stringent standards 
are necessary for non-generator set engines greater than 750 HP. Engine 
manufacturers have also repeatedly expressed the need to have standards 
for stationary engines that are consistent with the standards for 
nonroad engines. No change has been made to the final rule, which 
includes, as proposed, emission standards consistent with nonroad 
standards. The standards distinguish between non-generator sets and 
generator sets, and require less stringent levels for non-emergency 
engines that are not generator sets, based on improved combustion 
systems and engine-based NOX control technologies. (It 
should be noted that the PM standards for engines above 750 HP, both 
for generators and non-generators, will likely require particulate 
traps.)
    Comment: As summarized in more detail in the Summary of Public 
Comments document, EPA received several comments on the proposed 
standards for engines with a displacement of greater than or equal to 
30 liters per cylinder. One commenter said that the NOX 
standards for these engines would incur significant costs for the owner 
and operator, and for emergency engines make it impossible to operate 
the unit reliably when actually needed. The cost of installing and 
maintaining an SCR system for large CI engines is outrageously high, 
especially for applications in Alaska, according to the commenter. 
These control systems are only marginally cost effective for Alaska 
units that are meant to be operated continuously. The cost of SCR 
controls for emergency units outweighs the benefit of having large 
reliable emergency power available. A recent prevention of significant 
deterioration project rejected SCR due to high costs. Selective 
catalytic reduction subsystems must be kept instantly ready over a long 
period of time in standby mode. One important aspect is having the 
urea/water mixture heated to prevent freeze up during extremely low 
temperatures. The system is not simple and operators/mechanics have to 
be well trained. In most areas of Alaska, such skilled labor is not 
available. Unless such large units are simple to maintain/operate, they 
will quickly fall into disrepair or become unusable in an emergency. 
For emergency engines, the technology that is proven to have the 
highest reliability while in standby mode should be used. Fuel 
Injection Timing Retard (FITR) is the technology. It reduces 
NOX by 15 to 20 percent, and has been demonstrated as the 
most cost effective for arctic conditions. FITR technology should also 
be allowed for engines with a displacement of greater than 10 liters 
per cylinder unless/until manufacturers establish a proven record of 
reliable readiness from cold start conditions. This may require delay 
of emission control requirements for an additional 3 years beyond 
current implementation dates.
    This commenter also said that the PM limits in the proposed rule 
for engines with a displacement of greater than or equal to 30 liters 
per cylinder are unrealistic, and there are no current control 
technologies that are ``available'' to meet these standards. There have 
been no applications of electrostatic precipitators (ESP) to stationary 
sources in the U.S. to date (based on RACT/BACT/LAER Clearinghouse, 
September 1, 2005). A currently available technology, particulate 
filter traps, is suited to these large units, although PM removal is 
less than 60 percent. The commenter noted that PM emissions will 
already be reduced considerably by the use of low sulfur diesel (LSD) 
and ULSD. When the reduction from using low sulfur fuel is considered, 
an additional 50 percent overall reduction from particulate trap 
technology will meet EPA's goal of reducing PM emissions nationwide. 
Requiring the use of ESP for emergency units undermines unit 
reliability and would increase unit size. Approximately 10 percent of 
the power generated by an emergency CI ICE would be used solely to 
power an ESP. This would cause all such emergency units to be resized 
at an increased capacity. The commenter recommended a 50 percent PM 
reduction or an emission limit of 0.15 g/KW-hr (0.113 g/HP-hr).
    Another commenter provided several comments on the proposed 
standards for engines with high displacement. The commenter stated that 
environmental impacts and cost effects have not been evaluated and 
efficient add-on abatement techniques (SCR for NOX, etc.) 
will always be needed as a result of the proposal. Only a small number 
of large CI ICE are sold per year to the U.S. and, therefore, one can 
forecast that the environmental impact of these engines with respect to 
the total emissions in the

[[Page 39167]]

U.S. is small. The commenter said that in the U.S. territories there 
are several of these engines, e.g., in Puerto Rico there is a 20 MW 
electric (MWe) plant and in Guam there is an 80 MWe plant. The proposed 
limits will raise the electricity produced in these power plants 
considerably. This might have impacts on the small governmental 
jurisdiction area flexibility and have significant adverse affect on 
the supply of energy. This would be in contradiction to the Regulatory 
Flexibility Act and Executive Order 13211: Actions Concerning 
Regulations that Significantly Affect Energy Supply, Distribution or 
Use. The commenter said that the proposed NOX limit of 0.4 
g/KW-hr (0.30 g/HP-hr) equates to about 50 mg/Nm\3\ (at 15 percent 
oxygen (O2)) and is very strict. This limit is much stricter 
than World Bank Guidelines or the United Kingdom (UK) limits as 
referred to in the proposed text. The World Bank NOX limit 
for non degraded air-sheds is 2,000 milligram per normal cubic meter 
(mg/Nm\3\) and in degraded air-sheds 400 mg/Nm\3\ (at 15 percent 
O2) (about 3.1 g/KW-hr). In the UK, the NOX 
limits are: 1,300/1,400 mg/Nm\3\ (at 15 percent O2) (about 
10.1/10.9 g/KW-hr) (light fuel/heavy fuel oils) for plants less than 50 
MW and 200-300 mg/Nm\3\ (at 15 percent O2) (about 1.6-2.3 g/
KW-hr) for oil fired plants greater than 50 MW. Extensive research and 
development work with NOX emissions from large liquid fired 
CI ICE has reduced emissions remarkably by primary measures (typically 
30 to 35 percent) during the last decade. Primary methods are low 
NOX combustion focusing on optimizing: Closing timing of 
inlet valve, design of fuel injection equipment on the engine, new 
camshaft, etc. The proposed limit means in practice that SCR is always 
needed. Selective catalytic reduction needs a reagent aqueous urea/
ammonia or pure ammonia to work, and lack of the reagent delivery 
infrastructure in certain areas will make the proper use of SCR 
impossible. In order to give industry an incentive to develop new cost-
effective primary methods and to continue the positive development in 
the past decade, the proposed limit should be more realistic based on 
the zoning approach (attainment/non-attainment area, mainland U.S./
other areas). This commenter made some recommendations for acceptable 
NOX and PM emission limits, which can be found in the 
Summary of Public Comments document. The commenter stated that the 
proposed PM limit of 0.12 g/KW-hr (0.09 g/HP-hr) equals about 16 mg/
Nm\3\ (at 15 percent O2). This is a very strict limit, much 
stricter than the British and World Bank limits, which are 50 mg/Nm\3\ 
(at 15 percent O2) (about 0.38 g/KW-hr) for large CI plants 
and 100 mg/Nm\3\ (at 15 percent O2) (about 0.75 g/KW-hr) for 
smaller CI plants. The ESP is bulky and has a high investment cost. In 
the Integrated Pollution Prevention and Control Reference Document on 
Best Available Techniques for Large Combustion Power Plants (BREF) 
document for large combustion installations, it states that ``Due to 
the different temperature and oxygen content of the diesel flue-gas, 
the electrical properties of the diesel particulates (e.g., 
resistivity, etc.,) are different compared to particulates from a 
boiler flue-gas, and proper testing of the ESP (electrical 
precipitator) is needed to commercial release.'' Only a few CI plants 
are equipped with ESP, and the technical availability of ESP needs to 
be evaluated case-by-case. In the European Integrated Pollution 
Prevention and Control, the best available technique is considered to 
be the use of low ash and low sulfur fuel. Particulate matter limits 
range from 30 to 50 mg/Nm\3\ (at 15 percent O2) (about 0.23 
to 0.38 g/KW-hr) depending on whether heavy or light fuel oil is used. 
The commenter recommended PM limits in line with the EU BREF document 
for large CI ICE plant stations (greater than 50 MW). For smaller CI 
ICE plants, the commenter recommended a PM limit according to the UK 
approach.
    One commenter said that EPA must require stringent PM emissions 
limits for engines with a displacement of greater than or equal to 30 
liters per cylinder. Particulate matter emissions from stationary 
diesel engines are associated with extremely serious health impacts, 
including premature mortality and cancer. It would be clearly arbitrary 
and capricious for EPA to exempt the very largest engines, which it 
recognizes as operating for thousands of hours per year, from 
protective control requirements for PM emissions. EPA is correct in its 
assessment that the cost of SCR to reduce NOX emissions from 
these engines is justified because they are so large and because the 
cost of SCR would be manageable in comparison to the cost of the 
engines themselves. Similarly, the size of these engines and the hazard 
posed by their emissions compels EPA to require them to achieve PM 
reductions that are at least as protective, if not greater than, those 
for smaller engines. EPA's proposal for these very large engines fails 
to meet the most basic requirement of section 111 of the CAA, that 
stringent emissions standards be applied to all sources within the 
designated category. There is no evidence that a thorough technical 
analysis of cost or feasibility was performed for these large engines. 
EPA does not explain why particulate filters could not be developed to 
apply to these engines. Nor does it explain why ESP, the technology on 
which the 60 percent control requirement is based, could not be 
designed to work as effectively in this application as they are known 
to do in many others, and achieve reductions far in excess of 60 
percent. The commenter urged EPA to remedy this deficiency in the final 
rule by promulgating more stringent control requirements for this class 
of very large, very highly polluting engines.
    Response: EPA does not agree with the commenter that SCR control 
systems are not a feasible option for engines located in Alaska. There 
are at least three facilities in Alaska that have stationary engines 
equipped with SCR, see the memorandum entitled ``Emission Standards for 
Engines with a Displacement of >=30 Liters per Cylinder,'' available 
from the rulemaking docket. EPA does not expect that there will be any 
emergency engines with a displacement greater than 30 liters per 
cylinder; however, to the extent that such units exist, they will be 
very substantial emitters during use and should be required to use the 
best technology available. In response to the commenter's statement 
regarding readiness testing, EPA has increased the maintenance and 
testing allowance for emergency engines from 30 to 100 hours per year 
in the final rule, with the option to submit a petition for additional 
hours. EPA agrees in general with the comments regarding the proposed 
emission limitation for PM. The final rule has been written considering 
the comments received and requires 60 percent PM reduction or an 
emission limit of 0.15 g/KW-hr (0.11 g/HP-hr). EPA believes the PM 
standard will be achievable through the use of lower sulfur fuel, on-
engine controls, and aftertreatment. EPA believes that the PM percent 
reduction requirement is feasible through application of ESP. Based on 
information EPA has received, the technology is capable of reducing PM 
by 60 percent. Other information indicates that the technology could 
reduce PM by even more; from 55 to 85 percent when operating on heavy 
fuel oil, see information in the docket.
    EPA does not agree with the commenter that EPA did not evaluate 
costs and environmental impacts. EPA has provided detailed analyses of 
the expected costs of this regulation and the expected emission 
reductions and benefits and evaluated the technology

[[Page 39168]]

for this rule based on best demonstrated technology, not lowest 
achievable emission rate. EPA evaluated the environmental and economic 
impacts of the best demonstrated control technologies, which are 
documented in a memorandum included in the docket entitled ``Emission 
Standards for Engines with a Displacement of >=30 Liters per 
Cylinder.'' While there are few CI ICE with a displacement of greater 
than or equal to 30 liters per cylinder, they are individually very 
large emitters of pollutants. Moreover, in regulating criteria 
pollutants such as ozone and PM, it is assumed that the emissions come 
from numerous different sources whose individual contribution may be 
relatively small. Further, as noted in the analyses, there are benefits 
from these standards in attainment areas, and these national 
regulations are designed to provide protection from pollution occurring 
in all areas of the country, not merely nonattainment areas. EPA does 
not believe that the final emission standards will have a significant 
adverse effect on the price of electricity and the supply of energy, 
and the commenters did not provide any data to support this assertion. 
While EPA disagrees with much of the commenter's statements, EPA has 
evaluated all comments received on this matter and agrees with the 
comments that the proposed NOX g/KW-hr emission limitation 
and the proposed PM emission standards were too stringent. The final 
rule requires engines with a displacement greater than 30 liters per 
cylinder to reduce NOX emissions by at least 90 percent or 
meet a NOX emission limitation of 1.6 g/KW-hr (1.2 g/HP-hr), 
and to reduce PM emissions by at least 60 percent or meet a PM emission 
limitation of 0.15 g/KW-hr (0.11 g/HP-hr). There are several facilities 
worldwide that are successfully using ESP for PM control and specific 
examples of such installations can be found in the Summary of Public 
Comments document. Sources can also use other approaches, including 
traps, the use of lower sulfur fuel, and on-engine controls. The PM 
emission limit is consistent with comments received from one of the 
commenters. Regarding the NOX standard, SCR has been 
demonstrated as feasible for stationary CI ICE and is in use on several 
engines in the U.S. SCR technology is capable of achieving emission 
reductions of 90 percent or greater in many cases. EPA reviewed 
emission rates of stationary CI engines with a displacement of greater 
than or equal to 30 liters per cylinder and based on an average 
uncontrolled NOX emission rate from these engines of about 
11.8 g/HP-hr, applying SCR with a reduction efficiency of 90 percent 
yields a controlled NOX emission rate of 1.2 g/HP-hr. EPA 
therefore believes the final standards for NOX are 
appropriate. Also note, that the commenter seems to concede that these 
standards are feasible, because the commenter accepts the proposed 
(more stringent) standards in nonattainment areas. EPA notes that this 
regulation applies only to new engines, not existing engines. The only 
engines manufactured prior to April 1, 2006, covered by this regulation 
are engines that are modified or reconstructed, as is required under 
the CAA. For further discussion regarding EPA's final standards for 
engines with a displacement greater than 30 liters per cylinder, see 
the memorandum entitled ``Emission Standards for Engines with a 
Displacement of >=30 Liters per Cylinder.''

F. Military Training Engines

    Comment: One commenter recommended that the rule exempt engines 
used in training and testing of military personnel in the operation, 
maintenance and repair of engines. These engines may have to be 
configured similarly to engines used by the U.S. or its allies in 
combat operations, which may make it difficult or impossible for them 
to comply with the NSPS.
    Response: EPA agrees that it is appropriate to exempt engines used 
for military purposes. A national security exemption exists already 
(see, e.g., 40 CFR part 89 subpart J). Engines meeting the conditions 
specified in 40 CFR 89.908, and the corresponding provisions in parts 
94 and 1068, will be considered exempt from the regulations for 
stationary CI ICE. An engine that receives the national security 
exemption under the non-road engine provisions when purchased will 
continue to be exempt if used as a stationary ICE, as long as it 
continues to be used for national security purposes. In addition, 
engines that receive a national security exemption will also be exempt 
from the fuel requirements in section 60.4207 of the final regulations. 
EPA believes that these provisions address the commenter's concerns.

V. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    The final rule will reduce NOX emissions from stationary 
CI ICE by an estimated 38,000 tpy, PM emissions by about 3,000 tpy, 
non-methane hydrocarbon (NMHC) emissions by about 600 tpy, 
SO2 emissions by an estimated 9,000 tpy, and CO emissions by 
approximately 18,000 tpy in the year 2015. Reductions are presented for 
the year 2015 because it is the model year for which certified 
stationary CI ICE would have to meet the final Tier 4 emission 
standards. EPA estimates that approximately 81,500 stationary CI ICE 
will be affected by the final rule in the year 2015. Of these, EPA 
estimates that 20 percent are used in non-emergency applications. EPA 
expects very few stationary CI ICE with a displacement of 30 liters per 
cylinder or more to be installed per year, and no emissions or 
emissions reductions have been estimated for these engines. A secondary 
impact of the final rule is the reduction of HAP that will result from 
the use of CDPF. EPA estimates that emissions of HAP will be reduced by 
approximately 93 tons in the year 2015.
    The final rule will reduce NOX emissions from stationary 
CI ICE by an estimated 270,000 tpy, PM emissions by about 17,000 tpy, 
NMHC emissions by about 8,000 tpy, SO2 emissions by an 
estimated 24,000 tpy, and CO emissions by approximately 95,000 tpy in 
the year 2030. EPA estimated emissions reductions for the year 2030 
because it is expected that almost all of the air quality impacts will 
be incorporated by that year, given turnover of old engines.

B. What are the cost impacts?

    The total costs of the final rule are mostly based on the cost 
associated with purchasing and installing NOX adsorber and 
CDPF controls on non-emergency stationary CI ICE. A smaller portion of 
the total costs are attributed to the cost of reporting and the cost 
for performance testing for a portion of the pre-2007 model year 
engines. The cost of NOX adsorber and CDPF were based on 
information developed for the nonroad rule for diesel engines. EPA 
expects that very few stationary CI ICE with a displacement of 30 
cylinders or more would be installed in the U.S. and, therefore, no 
costs have been estimated. However, if stationary CI ICE of such 
displacement are installed, there would be associated notification and 
compliance testing costs. Further information on how EPA estimated the 
total costs of the final rule can be found in a memorandum included in 
the docket (Docket ID. No. EPA-HQ-OAR-2005-0029).
    The total national capital cost for the final rule is estimated to 
be approximately $67 million in the year 2015, with a total national 
annual cost of $57 million in the year 2015. The year 2015 is the model 
year for which all stationary CI ICE would have to meet

[[Page 39169]]

the final Tier 4 emission standards. The total national capital and 
annual costs in the year 2030 are estimated to be $93 and $286 million, 
respectively.

C. What are the economic impacts?

    The final rule affects new sources of stationary diesel engines as 
part of generator sets and welding equipment, pump and compressor 
equipment, and irrigation equipment. We performed an economic impact 
analysis, whose methodology is based on that for the nonroad diesel 
engine rule promulgated by EPA in 2004 that estimates changes in prices 
and output for affected sources using the annual compliance costs 
estimated for the final rule. All estimates are for year 2015, since 
this is the year for which the compliance cost impacts are estimated.
    The increases in price estimated for this equipment are the 
following: 2.3 percent--irrigation systems, 4.3 percent--pumps and 
compressors, and 10.0 percent--generator sets and welding equipment. 
While these price increases appear substantial, the corresponding 
reductions in output are quite small. They are: 0.01 percent--
irrigation systems, 0.03 percent--pumps and compressors, and 0.42 
percent--generator sets and welding equipment. The price increases and 
reductions in output were larger for smaller sized engines when 
compared to larger sized ones. These small reductions in output are due 
to limited change in demand from consumers in response to the estimated 
price changes as based on market data utilized in the nonroad rule 
economic impact analysis. The overall total annual social costs, which 
reflect changes in consumer and producer behavior in response to the 
compliance costs, are $39.1 million (2002$) or almost identical to the 
compliance costs.
    The economic impacts are relatively small since the change in 
expected output from affected industries will be quite small. Thus, the 
industries producing the affected engines and the consumers who would 
use these engines will experience little or no impact as a result of 
the final rule.
    For more information, refer to the economic impact analysis report 
that is in the public docket.

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

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

E. What are the benefits?

    We estimate the benefits of this rule to be $1.36 billion (2000$) 
in the year 2015. We base this estimate on the approach and methodology 
laid out in EPA's 2004 benefits analysis supporting the regulation of 
emissions from nonroad diesel engines (included in the Final Regulatory 
Impact Analysis (RIA): Control of Emissions from Nonroad Diesel 
Engines, May 2004). We chose this analysis as the basis since most of 
the elements in that rule are similar to those covered here. The engine 
type, the controls applied, and the pollutants affected are similar to 
those covered by the Nonroad Diesel engine rule. In addition, EPA 
believes that these types of engines are broadly distributed across the 
country similar in distribution to nonroad diesel engines. These four 
factors lead us to believe is appropriate to use the benefits transfer 
approach and values in the Nonroad Diesel engine rule analysis for 
estimating the benefits of this rule. Specifically, these estimates are 
based on application of the benefits scaling approach derived from the 
benefits analyses completed for that rulemaking. The methodology is 
laid out in the Nonroad Diesel RIA.
    For this RIA, we did not go through the detailed uncertainty 
assessment used in the Nonroad Diesel RIA because we lack the necessary 
air quality input data to run the benefits model. However, the results 
of a Monte Carlo analysis of the health and welfare benefits presented 
in Appendix B of the Nonroad Diesel RIA can provide some evidence of 
the uncertainty surrounding the benefits results presented in this 
analysis. At the 5th percentile, the monetized benefits are roughly one 
quarter of the mean benefits estimate and at the 95th percentile they 
are roughly double the mean. We also used an approach for estimating 
benefits in which we applied an expert elicitation approach. An expert 
elicitation approach uses a probabilistic approach that provides 
quantitative measures of uncertainty from multiple sources as 
integrated by experts. For the expert elicitation based approach, the 
95th percentile of total benefits is approximately three times the 
mean, while the 5th percentile is approximately one-twentieth of the 
mean. The overall range from 5th to 95th is somewhat wider than that of 
the statistical based approach.
    Using these values as a guide, we assumed that the distribution of 
values for this rule would be similar. Thus, at the 5th percentile, 
monetized benefits would be roughly $340 million (2000$) and at the 
95th percentile, monetized benefits would be roughly $2.7 billion 
(2000$) assuming a 3 percent discount rate. This is the same discount 
rate we apply in our benefits estimate listed above. Using estimates 
derived from the expert elicitation approach and again assuming a 3 
percent discount rate, monetized benefits at the 5th percentile would 
be roughly $68 million (2000$) and at the 95th percentile, monetized 
benefits would be roughly $4.4 billion (2000$).
    With the annualized costs of this rulemaking estimated at $57 
million (2000$) in 2015 and with benefits of $1.36 billion (2000$) for 
that same year, EPA believes that the benefits are likely to exceed the 
costs. Please refer to the Nonroad diesel RIA for a detailed discussion 
of the uncertainties considered in EPA's benefit analyses.
    For more information, please refer to the RIA for this rule that is 
available in the docket.

VI. 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 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.

[[Page 39170]]

B. Paperwork Reduction Act

    The information collection requirements in the final 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 2196.01.
    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.
    The final rule will require maintenance inspections of the control 
devices but 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 145,000 labor hours per year at a 
total annual cost of $9,593,700. This estimate includes a one-time 
notification, engine certification, 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 $242,300 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.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small not-for-profit 
enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the final rule on 
small entities, small entity is defined as a small business based on 
the following Small Business Administration small business size 
definitions that are based on employee size: NAICS 335312--Motor and 
Generator Manufacturing--1,000 employees; NAICS 333911--Pump and 
Pumping Equipment Manufacturing--500 employees; NAICS 333912--Air and 
Gas Compressor Manufacturing--500 employees; NAICS 333992--Welding and 
Soldering Equipment Manufacturing--500 employees. In addition, a small 
governmental jurisdiction is defined as a government of a city, county, 
town, school district or special district with a population of less 
than 50,000, and a small organization is defined as any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I conclude that this final action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities directly regulated by the final rule are businesses within the 
NAICS codes mentioned above. There are 104 ultimate parent businesses 
that will be affected by the final rule. Sixty of these businesses are 
small according to the SBA small business size standards. Four of these 
sixty firms will have an annualized compliance cost of more than 1 
percent of sales associated with meeting the requirements of the final 
rule, and one of these four will have a compliance cost of more than 3 
percent of sales. For more information on the small entity impacts, 
refer to the economic impact and small business analyses in the 
rulemaking docket.
    Although the final rule will not have a significant economic impact 
on a substantial number of small entities, EPA nonetheless tried to 
reduce the impact of the final rule on small entities. A majority of 
the affected facilities are primarily small entities (e.g., small 
businesses). When developing the rule, EPA took special steps to ensure 
that the burdens imposed on small entities were reasonable.
    EPA is including the same provisions for small manufacturers and 
small refiners that the nonroad CI engine rule does. EPA is helping 
small entities by providing a lead time for the required emission 
standards and fuel requirements. Owners and operators of non-emergency 
stationary CI ICE are subject to minimum reporting and owners and 
operators of emergency stationary CI ICE do not have to submit any 
reports. EPA has also specifically worked with industry to provide 
special provisions for emergency fire pump engine manufacturers, some 
of which are small businesses, to develop a rule that is achievable for 
this segment.

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

[[Page 39171]]

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 final 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 final rule is not subject to the 
requirements of sections 202 and 205 of the UMRA. In addition, EPA has 
determined that the final 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, the final 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.''
    The final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The final rule primarily affects 
private industry, and does not impose significant economic costs on 
State or local governments. Thus, Executive Order 13132 does not apply 
to the final rule.

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.''
    The final 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 the final 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 considered by the Agency.
    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. The final rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

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

    The final rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001), because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. The basis 
for this determination is provided below.
    The economic impact analysis (EIA) estimates changes in prices and 
production levels for all energy markets (i.e., petroleum, natural gas, 
electricity, and coal). We also estimate how changes in the energy 
markets will impact other users of energy, with a focus on those that 
would employ the non-emergency stationary CI engines affected by the 
final rule. The estimated increase in demand for ULSD in 2015 (the year 
for which the impacts of the final rule are estimated) associated with 
the final rule is 63.2 million gallons, or 1.505 million barrels for 
that year. This amount is equivalent to 4,123 barrels per day 
additional demand of ULSD. The expected increase in demand for ULSD 
will not likely be a difficulty for refiners to meet in 2015. Hence, no 
significant adverse effect on the supply of this fuel is expected from 
implementation of the final rule. All impact estimates for other types 
of energy are below the thresholds that must be evaluated under this 
Executive Order, and no adverse effects are expected to the 
distribution and use of energy. The estimates contained within the EIA 
thus show that there is no significant adverse effect on the supply, 
distribution, or use of energy associated with the final rule.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113, Section 12(d), 15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards 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 OMB, 
with explanations when an agency does not use available and applicable 
voluntary consensus standards.
    This final rule involves technical standards. EPA cites the 
standard test procedures in 40 CFR part 1039, subpart F, which in turn 
cites the procedures in 40 CFR part 1065, 40 CFR 86.1310 for full flow 
dilution, 40 CFR 89.412 to 89.418 for raw-gas sampling using steady-
state tests, 40 CFR 89.112(c) for partial-flow sampling for gaseous 
emissions during steady-state tests,

[[Page 39172]]

California Regulations for New 1996 and Later Heavy-duty Off-Road 
Diesel Cycle Engines, 40 CFR 89.112(c), 40 CFR part 86, subpart N (7/1/
99), and 40 CFR 86.1309 for non-petroleum diesel fuel. The procedures 
in 40 CFR part 1065 also allow any CA ARB or International Organization 
for Standardization (ISO) standard if shown to be equivalent.
    Consistent with the NTTAA, EPA conducted searches to identify 
voluntary consensus standards in addition to these methods. One 
voluntary consensus standard was found that is potentially applicable 
to the methods cited. This standard is not acceptable as an alternative 
for the indicated test procedures, as discussed below.
    The voluntary consensus standard ISO IS0 8178-l:1996, 
``Reciprocating Internal Combustion Engines--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. Sec.  60.4212 and 60.4213 of the final 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 PM, 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.
    Sections 60.4212 and 60.4213 of the final rule list the testing 
method included in the regulation. Under Sec.  63.7(f) and Sec.  
63.8(f) of subpart A of 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.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this final rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is a ``major rule'' as defined by 5 U.S.C. 
804(2). The final rule will be effective on September 11, 2006.

List of Subjects

40 CFR Part 60

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

40 CFR Part 85

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

40 CFR Part 89

    Administrative practice and procedure, Imports, Labeling, Motor 
vehicle pollution, Reporting and recordkeeping requirements, Research, 
Vessels, Warranties.

40 CFR Part 94

    Administrative practice and procedure, Air pollution control, 
Imports, Penalties, Reporting and recordkeeping requirements, Vessels, 
Warranties.

40 CFR Part 1039

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

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

40 CFR Part 1068

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

    Dated: June 28, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended to read as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--[AMENDED]

0
2. Section 60.17(a) is amended by redesignating paragraphs (a)(84) 
through (a)(91) as paragraphs (a)(85) through (a)(92), respectively and 
adding a new paragraph (a)(84) to read as follows:


Sec.  60.17  Incorporations by Reference.

* * * * *
    (a) * * *
    (84) ASTM D6348-03, Standard Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform 
Infrared (FTIR) Spectroscopy, IBR approved for table 7 of Subpart IIII 
of this part.
* * * * *

0
3. Part 60 is amended by adding subpart IIII to read as follows:

Subpart IIII--Standards of Performance for Stationary Compression 
Ignition Internal Combustion Engines

What This Subpart Covers

Sec.
60.4200 Am I subject to this subpart?

Emission Standards for Manufacturers

60.4201 What emission standards must I meet for non-emergency 
engines if I am a stationary CI internal combustion engine 
manufacturer?
60.4202 What emission standards must I meet for emergency engines if 
I am a stationary CI internal combustion engine manufacturer?
60.4203 How long must my engines meet the emission standards if I am 
a stationary CI internal combustion engine manufacturer?

Emission Standards for Owners and Operators

60.4204 What emission standards must I meet for non-emergency 
engines if I am an owner or operator of a stationary CI internal 
combustion engine?
60.4205 What emission standards must I meet for emergency engines if 
I am an owner or operator of a stationary CI internal combustion 
engine?
60.4206 How long must I meet the emission standards if I am an owner 
or operator of a stationary CI internal combustion engine?

Fuel Requirements for Owners and Operators

60.4207 What fuel requirements must I meet if I am an owner or 
operator of a stationary CI internal combustion engine subject to 
this subpart?

[[Page 39173]]

Other Requirements for Owners and Operators

60.4208 What is the deadline for importing and installing stationary 
CI ICE produced in the previous model year?
60.4209 What are the monitoring requirements if I am an owner or 
operator of a stationary CI internal combustion engine?

Compliance Requirements

60.4210 What are my compliance requirements if I am a stationary CI 
internal combustion engine manufacturer?
60.4211 What are my compliance requirements if I am an owner or 
operator of a stationary CI internal combustion engine?

Testing Requirements for Owners and Operators

60.4212 What test methods and other procedures must I use if I am an 
owner or operator of a stationary CI internal combustion engine with 
a displacement of less than 30 liters per cylinder?
60.4213 What test methods and other procedures must I use if I am an 
owner or operator of a stationary CI internal combustion engine with 
a displacement of greater than or equal to 30 liters per cylinder?

Notification, Reports, and Records for Owners and Operators

60.4214 What are my notification, reporting, and recordkeeping 
requirements if I am an owner or operator of a stationary CI 
internal combustion engine?

Special Requirements

60.4215 What requirements must I meet for engines used in Guam, 
American Samoa, or the Commonwealth of the Northern Mariana Islands?
60.4216 What requirements must I meet for engines used in Alaska?
60.4217 What emission standards must I meet if I am an owner or 
operator of a stationary internal combustion engine using special 
fuels?

General Provisions

60.4218 What parts of the General Provisions apply to me?

Definitions

60.4219 What definitions apply to this subpart?

Tables to Subpart IIII of Part 60

Table 1 to Subpart IIII of Part 60--Emission Standards for 
Stationary Pre-2007 Model Year Engines with a displacement of <10 
liters per cylinder and 2007-2010 Model Year Engines >2,237 KW 
(3,000 HP) and with a displacement of <10 liters per cylinder
Table 2 to Subpart IIII of Part 60--Emission Standards for 2008 
Model Year and Later Emergency Stationary CI ICE <37 KW (50 HP) and 
with a Displacement of <10 liters per cylinder
Table 3 to Subpart IIII of Part 60--Certification Requirements for 
Stationary Fire Pump Engines
Table 4 to Subpart IIII of Part 60--Emission Standards for 
Stationary Fire Pump Engines
Table 5 to Subpart IIII of Part 60--Labeling and Recordkeeping 
Requirements for New Stationary Emergency Engines
Table 6 to Subpart IIII of Part 60--Optional 3-Mode Test Cycle for 
Stationary Fire Pump Engines
Table 7 to Subpart IIII of Part 60--Requirements for Performance 
Tests for Stationary CI ICE with a displacement of >=30 liters per 
cylinder
Table 8 to Subpart IIII of Part 60--Applicability of General 
Provisions to Subpart IIII

Subpart IIII--Standards of Performance for Stationary Compression 
Ignition Internal Combustion Engines

What This Subpart Covers


Sec.  60.4200  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary compression ignition (CI) internal 
combustion engines (ICE) as specified in paragraphs (a)(1) through (3) 
of this section. For the purposes of this subpart, the date that 
construction commences is the date the engine is ordered by the owner 
or operator.
    (1) Manufacturers of stationary CI ICE with a displacement of less 
than 30 liters per cylinder where the model year is:
    (i) 2007 or later, for engines that are not fire pump engines,
    (ii) The model year listed in table 3 to this subpart or later 
model year, for fire pump engines.
    (2) Owners and operators of stationary CI ICE that commence 
construction after July 11, 2005 where the stationary CI ICE are:
    (i) Manufactured after April 1, 2006 and are not fire pump engines, 
or
    (ii) Manufactured as a certified National Fire Protection 
Association (NFPA) fire pump engine after July 1, 2006.
    (3) Owners and operators of stationary CI ICE that modify or 
reconstruct their stationary CI ICE after July 11, 2005.
    (b) The provisions of this subpart are not applicable to stationary 
CI ICE being tested at a stationary CI ICE 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 applicable to area sources.
    (d) Stationary CI ICE may be eligible for exemption from the 
requirements of this subpart as described in 40 CFR part 1068, subpart 
C (or the exemptions described in 40 CFR part 89, subpart J and 40 CFR 
part 94, subpart J, for engines that would need to be certified to 
standards in those parts), except that owners and operators, as well as 
manufacturers, may be eligible to request an exemption for national 
security.

Emission Standards for Manufacturers


Sec.  60.4201  What emission standards must I meet for non-emergency 
engines if I am a stationary CI internal combustion engine 
manufacturer?

    (a) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later non-emergency stationary CI ICE 
with a maximum engine power less than or equal to 2,237 kilowatt (KW) 
(3,000 horsepower (HP)) and a displacement of less than 10 liters per 
cylinder to the certification emission standards for new nonroad CI 
engines in 40 CFR 89.112, 40 CFR 89.113, 40 CFR 1039.101, 40 CFR 
1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40 CFR 
1039.115, as applicable, for all pollutants, for the same model year 
and maximum engine power.
    (b) Stationary CI internal combustion engine manufacturers must 
certify their 2007 through 2010 model year non-emergency stationary CI 
ICE with a maximum engine power greater than 2,237 KW (3,000 HP) and a 
displacement of less than 10 liters per cylinder to the emission 
standards in table 1 to this subpart, for all pollutants, for the same 
maximum engine power.
    (c) Stationary CI internal combustion engine manufacturers must 
certify their 2011 model year and later non-emergency stationary CI ICE 
with a maximum engine power greater than 2,237 KW (3,000 HP) and a 
displacement of less than 10 liters per cylinder to the certification 
emission standards for new nonroad CI engines in 40 CFR 1039.101, 40 
CFR 1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40 
CFR 1039.115, as applicable, for all pollutants, for the same maximum 
engine power.
    (d) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later non-emergency stationary CI ICE 
with a displacement of greater than or equal to 10 liters per cylinder 
and less than 30

[[Page 39174]]

liters per cylinder to the certification emission standards for new 
marine CI engines in 40 CFR 94.8, as applicable, for all pollutants, 
for the same displacement and maximum engine power.


Sec.  60.4202  What emission standards must I meet for emergency 
engines if I am a stationary CI internal combustion engine 
manufacturer?

    (a) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later emergency stationary CI ICE 
with a maximum engine power less than or equal to 2,237 KW (3,000 HP) 
and a displacement of less than 10 liters per cylinder that are not 
fire pump engines to the emission standards specified in paragraphs 
(a)(1) through (2) of this section.
    (1) For engines with a maximum engine power less than 37 KW (50 
HP):
    (i) The certification emission standards for new nonroad CI engines 
for the same model year and maximum engine power in 40 CFR 89.112 and 
40 CFR 89.113 for all pollutants for model year 2007 engines, and
    (ii) The certification emission standards for new nonroad CI 
engines in 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, 40 CFR 
1039.115, and table 2 to this subpart, for 2008 model year and later 
engines.
    (2) For engines with a maximum engine power greater than or equal 
to 37 KW (50 HP), the certification emission standards for new nonroad 
CI engines for the same model year and maximum engine power in 40 CFR 
89.112 and 40 CFR 89.113 for all pollutants beginning in model year 
2007.
    (b) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later emergency stationary CI ICE 
with a maximum engine power greater than 2,237 KW (3,000 HP) and a 
displacement of less than 10 liters per cylinder that are not fire pump 
engines to the emission standards specified in paragraphs (b)(1) 
through (2) of this section.
    (1) For 2007 through 2010 model years, the emission standards in 
table 1 to this subpart, for all pollutants, for the same maximum 
engine power.
    (2) For 2011 model year and later, the certification emission 
standards for new nonroad CI engines for engines of the same model year 
and maximum engine power in 40 CFR 89.112 and 40 CFR 89.113 for all 
pollutants.
    (c) Stationary CI internal combustion engine manufacturers must 
certify their 2007 model year and later emergency stationary CI ICE 
with a displacement of greater than or equal to 10 liters per cylinder 
and less than 30 liters per cylinder that are not fire pump engines to 
the certification emission standards for new marine CI engines in 40 
CFR 94.8, as applicable, for all pollutants, for the same displacement 
and maximum engine power.
    (d) Beginning with the model years in table 3 to this subpart, 
stationary CI internal combustion engine manufacturers must certify 
their fire pump stationary CI ICE to the emission standards in table 4 
to this subpart, for all pollutants, for the same model year and NFPA 
nameplate power.


Sec.  60.4203  How long must my engines meet the emission standards if 
I am a stationary CI internal combustion engine manufacturer?

    Engines manufactured by stationary CI internal combustion engine 
manufacturers must meet the emission standards as required in 
Sec. Sec.  60.4201 and 60.4202 during the useful life of the engines.

Emission Standards for Owners and Operators


Sec.  60.4204  What emission standards must I meet for non-emergency 
engines if I am an owner or operator of a stationary CI internal 
combustion engine?

    (a) Owners and operators of pre-2007 model year non-emergency 
stationary CI ICE with a displacement of less than 10 liters per 
cylinder must comply with the emission standards in table 1 to this 
subpart. Owners and operators of pre-2007 model year non-emergency 
stationary CI ICE with a displacement of greater than or equal to 10 
liters per cylinder and less than 30 liters per cylinder must comply 
with the emission standards in 40 CFR 94.8(a)(1).
    (b) Owners and operators of 2007 model year and later non-emergency 
stationary CI ICE with a displacement of less than 30 liters per 
cylinder must comply with the emission standards for new CI engines in 
Sec.  60.4201 for their 2007 model year and later stationary CI ICE, as 
applicable.
    (c) Owners and operators of non-emergency stationary CI ICE with a 
displacement of greater than or equal to 30 liters per cylinder must 
meet the requirements in paragraphs (c)(1) and (2) of this section.
    (1) Reduce nitrogen oxides (NOX) emissions by 90 percent 
or more, or limit the emissions of NOX in the stationary CI 
internal combustion engine exhaust to 1.6 grams per KW-hour (g/KW-hr) 
(1.2 grams per HP-hour (g/HP-hr)).
    (2) Reduce particulate matter (PM) emissions by 60 percent or more, 
or limit the emissions of PM in the stationary CI internal combustion 
engine exhaust to 0.15 g/KW-hr (0.11 g/HP-hr).


Sec.  60.4205  What emission standards must I meet for emergency 
engines if I am an owner or operator of a stationary CI internal 
combustion engine?

    (a) Owners and operators of pre-2007 model year emergency 
stationary CI ICE with a displacement of less than 10 liters per 
cylinder that are not fire pump engines must comply with the emission 
standards in table 1 to this subpart. Owners and operators of pre-2007 
model year non-emergency stationary CI ICE with a displacement of 
greater than or equal to 10 liters per cylinder and less than 30 liters 
per cylinder that are not fire pump engines must comply with the 
emission standards in 40 CFR 94.8(a)(1).
    (b) Owners and operators of 2007 model year and later emergency 
stationary CI ICE with a displacement of less than 30 liters per 
cylinder that are not fire pump engines must comply with the emission 
standards for new nonroad CI engines in Sec.  60.4202, for all 
pollutants, for the same model year and maximum engine power for their 
2007 model year and later emergency stationary CI ICE.
    (c) Owners and operators of fire pump engines with a displacement 
of less than 30 liters per cylinder must comply with the emission 
standards in table 4 to this subpart, for all pollutants.
    (d) Owners and operators of emergency stationary CI ICE with a 
displacement of greater than or equal to 30 liters per cylinder must 
meet the requirements in paragraphs (d)(1) and (2) of this section.
    (1) Reduce NOX emissions by 90 percent or more, or limit 
the emissions of NOX in the stationary CI internal 
combustion engine exhaust to 1.6 grams per KW-hour (1.2 grams per HP-
hour).
    (2) Reduce PM emissions by 60 percent or more, or limit the 
emissions of PM in the stationary CI internal combustion engine exhaust 
to 0.15 g/KW-hr (0.11 g/HP-hr).


Sec.  60.4206  How long must I meet the emission standards if I am an 
owner or operator of a stationary CI internal combustion engine?

    Owners and operators of stationary CI ICE must operate and maintain 
stationary CI ICE that achieve the emission standards as required in 
Sec. Sec.  60.4204 and 60.4205 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.

[[Page 39175]]

Fuel Requirements for Owners and Operators


Sec.  60.4207  What fuel requirements must I meet if I am an owner or 
operator of a stationary CI internal combustion engine subject to this 
subpart?

    (a) Beginning October 1, 2007, owners and operators of stationary 
CI ICE subject to this subpart that use diesel fuel must use diesel 
fuel that meets the requirements of 40 CFR 80.510(a).
    (b) Beginning October 1, 2010, owners and operators of stationary 
CI ICE subject to this subpart with a displacement of less than 30 
liters per cylinder that use diesel fuel must use diesel fuel that 
meets the requirements of 40 CFR 80.510(b) for nonroad diesel fuel.
    (c) Owners and operators of pre-2011 model year stationary CI ICE 
subject to this subpart may petition the Administrator for approval to 
use remaining non-compliant fuel that does not meet the fuel 
requirements of paragraphs (a) and (b) of this section beyond the dates 
required for the purpose of using up existing fuel inventories. If 
approved, the petition will be valid for a period of up to 6 months. If 
additional time is needed, the owner or operator is required to submit 
a new petition to the Administrator.
    (d) Owners and operators of pre-2011 model year stationary CI ICE 
subject to this subpart that are located in areas of Alaska not 
accessible by the Federal Aid Highway System may petition the 
Administrator for approval to use any fuels mixed with used lubricating 
oil that do not meet the fuel requirements of paragraphs (a) and (b) of 
this section. Owners and operators must demonstrate in their petition 
to the Administrator that there is no other place to use the 
lubricating oil. If approved, the petition will be valid for a period 
of up to 6 months. If additional time is needed, the owner or operator 
is required to submit a new petition to the Administrator.
    (e) Stationary CI ICE that have a national security exemption under 
Sec.  60.4200(d) are also exempt from the fuel requirements in this 
section.

Other Requirements for Owners and Operators


Sec.  60.4208  What is the deadline for importing or installing 
stationary CI ICE produced in the previous model year?

    (a) After December 31, 2008, owners and operators may not install 
stationary CI ICE (excluding fire pump engines) that do not meet the 
applicable requirements for 2007 model year engines.
    (b) After December 31, 2009, owners and operators may not install 
stationary CI ICE with a maximum engine power of less than 19 KW (25 
HP) (excluding fire pump engines) that do not meet the applicable 
requirements for 2008 model year engines.
    (c) After December 31, 2014, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power of greater 
than or equal to 19 KW (25 HP) and less than 56 KW (75 HP) that do not 
meet the applicable requirements for 2013 model year non-emergency 
engines.
    (d) After December 31, 2013, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power of greater 
than or equal to 56 KW (75 HP) and less than 130 KW (175 HP) that do 
not meet the applicable requirements for 2012 model year non-emergency 
engines.
    (e) After December 31, 2012, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power of greater 
than or equal to 130 KW (175 HP), including those above 560 KW (750 
HP), that do not meet the applicable requirements for 2011 model year 
non-emergency engines.
    (f) After December 31, 2016, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power of greater 
than or equal to 560 KW (750 HP) that do not meet the applicable 
requirements for 2015 model year non-emergency engines.
    (g) In addition to the requirements specified in Sec. Sec.  
60.4201, 60.4202, 60.4204, and 60.4205, it is prohibited to import 
stationary CI ICE with a displacement of less than 30 liters per 
cylinder that do not meet the applicable requirements specified in 
paragraphs (a) through (f) of this section after the dates specified in 
paragraphs (a) through (f) of this section.
    (h) The requirements of this section do not apply to owners or 
operators of stationary CI ICE that have been modified, reconstructed, 
and do not apply to engines that were removed from one existing 
location and reinstalled at a new location.


Sec.  60.4209  What are the monitoring requirements if I am an owner or 
operator of a stationary CI internal combustion engine?

    If you are an owner or operator, you must meet the monitoring 
requirements of this section. In addition, you must also meet the 
monitoring requirements specified in Sec.  60.4211.
    (a) If you are an owner or operator of an emergency stationary CI 
internal combustion engine, you must install a non-resettable hour 
meter prior to startup of the engine.
    (b) If you are an owner or operator of a stationary CI internal 
combustion engine equipped with a diesel particulate filter to comply 
with the emission standards in Sec.  60.4204, the diesel particulate 
filter must be installed with a backpressure monitor that notifies the 
owner or operator when the high backpressure limit of the engine is 
approached.

Compliance Requirements


Sec.  60.4210  What are my compliance requirements if I am a stationary 
CI internal combustion engine manufacturer?

    (a) Stationary CI internal combustion engine manufacturers must 
certify their stationary CI ICE with a displacement of less than 10 
liters per cylinder to the emission standards specified in Sec.  
60.4201(a) through (c) and Sec.  60.4202(a), (b) and (d) using the 
certification procedures required in 40 CFR part 89, subpart B, or 40 
CFR part 1039, subpart C, as applicable, and must test their engines as 
specified in those parts. For the purposes of this subpart, engines 
certified to the standards in table 1 to this subpart shall be subject 
to the same requirements as engines certified to the standards in 40 
CFR part 89. For the purposes of this subpart, engines certified to the 
standards in table 4 to this subpart shall be subject to the same 
requirements as engines certified to the standards in 40 CFR part 89, 
except that engines with NFPA nameplate power of less than 37 KW (50 
HP) certified to model year 2011 or later standards shall be subject to 
the same requirements as engines certified to the standards in 40 CFR 
part 1039.
    (b) Stationary CI internal combustion engine manufacturers must 
certify their stationary CI ICE with a displacement of greater than or 
equal to 10 liters per cylinder and less than 30 liters per cylinder to 
the emission standards specified in Sec.  60.4201(d) and Sec.  
60.4202(c) using the certification procedures required in 40 CFR part 
94 subpart C, and must test their engines as specified in 40 CFR part 
94.
    (c) Stationary CI internal combustion engine manufacturers must 
meet the requirements of 40 CFR 1039.120, 40 CFR 1039.125, 40 CFR 
1039.130, 40 CFR 1039.135, and 40 CFR part 1068 for engines that are 
certified to the emission standards in 40 CFR part 1039. Stationary CI 
internal combustion engine manufacturers must meet the corresponding 
provisions of 40 CFR part 89 or 40 CFR part 94 for engines that would 
be covered by that part if they were nonroad (including marine) 
engines. Labels on such engines must

[[Page 39176]]

refer to stationary engines, rather than or in addition to nonroad or 
marine engines, as appropriate. Stationary CI internal combustion 
engine manufacturers must label their engines according to paragraphs 
(c)(1) through (3) of this section.
    (1) Stationary CI internal combustion engines manufactured from 
January 1, 2006 to March 31, 2006 (January 1, 2006 to June 30, 2006 for 
fire pump engines), other than those that are part of certified engine 
families under the nonroad CI engine regulations, must be labeled 
according to 40 CFR 1039.20.
    (2) Stationary CI internal combustion engines manufactured from 
April 1, 2006 to December 31, 2006 (or, for fire pump engines, July 1, 
2006 to December 31 of the year preceding the year listed in table 3 to 
this subpart) must be labeled according to paragraphs (c)(2)(i) through 
(iii) of this section:
    (i) Stationary CI internal combustion engines that are part of 
certified engine families under the nonroad regulations must meet the 
labeling requirements for nonroad CI engines, but do not have to meet 
the labeling requirements in 40 CFR 1039.20.
    (ii) Stationary CI internal combustion engines that meet Tier 1 
requirements (or requirements for fire pumps) under this subpart, but 
do not meet the requirements applicable to nonroad CI engines must be 
labeled according to 40 CFR 1039.20. The engine manufacturer may add 
language to the label clarifying that the engine meets Tier 1 
requirements (or requirements for fire pumps) of this subpart.
    (iii) Stationary CI internal combustion engines manufactured after 
April 1, 2006 that do not meet Tier 1 requirements of this subpart, or 
fire pumps engines manufactured after July 1, 2006 that do not meet the 
requirements for fire pumps under this subpart, may not be used in the 
U.S. If any such engines are manufactured in the U.S. after April 1, 
2006 (July 1, 2006 for fire pump engines), they must be exported or 
must be brought into compliance with the appropriate standards prior to 
initial operation. The export provisions of 40 CFR 1068.230 would apply 
to engines for export and the manufacturers must label such engines 
according to 40 CFR 1068.230.
    (3) Stationary CI internal combustion engines manufactured after 
January 1, 2007 (for fire pump engines, after January 1 of the year 
listed in table 3 to this subpart, as applicable) must be labeled 
according to paragraphs (c)(3)(i) through (iii) of this section.
    (i) Stationary CI internal combustion engines that meet the 
requirements of this subpart and the corresponding requirements for 
nonroad (including marine) engines of the same model year and HP must 
be labeled according to the provisions in part 89, 94 or 1039, as 
appropriate.
    (ii) Stationary CI internal combustion engines that meet the 
requirements of this subpart, but are not certified to the standards 
applicable to nonroad (including marine) engines of the same model year 
and HP must be labeled according to the provisions in part 89, 94 or 
1039, as appropriate, but the words ``stationary'' must be included 
instead of ``nonroad'' or ``marine'' on the label. In addition, such 
engines must be labeled according to 40 CFR 1039.20.
    (iii) Stationary CI internal combustion engines that do not meet 
the requirements of this subpart must be labeled according to 40 CFR 
1068.230 and must be exported under the provisions of 40 CFR 1068.230.
    (d) An engine manufacturer certifying an engine family or families 
to standards under this subpart that are identical to standards 
applicable under parts 89, 94, or 1039 for that model year may certify 
any such family that contains both nonroad (including marine) and 
stationary engines as a single engine family and/or may include any 
such family containing stationary engines in the averaging, banking and 
trading provisions applicable for such engines under those parts.
    (e) Manufacturers of engine families discussed in paragraph (d) of 
this section may meet the labeling requirements referred to in 
paragraph (c) of this section for stationary CI ICE by either adding a 
separate label containing the information required in paragraph (c) of 
this section or by adding the words ``and stationary'' after the word 
``nonroad'' or ``marine,'' as appropriate, to the label.
    (f) Starting with the model years shown in table 5 to this subpart, 
stationary CI internal combustion engine manufacturers must add a 
permanent label stating that the engine is for stationary emergency use 
only to each new emergency stationary CI internal combustion engine 
greater than or equal to 19 KW (25 HP) that meets all the emission 
standards for emergency engines in Sec.  60.4202 but does not meet all 
the emission standards for non-emergency engines in Sec.  60.4201. The 
label must be added according to the labeling requirements specified in 
40 CFR 1039.135(b). Engine manufacturers must specify in the owner's 
manual that operation of emergency engines is limited to emergency 
operations and required maintenance and testing.
    (g) Manufacturers of fire pump engines may use the test cycle in 
table 6 to this subpart for testing fire pump engines and may test at 
the NFPA certified nameplate HP, provided that the engine is labeled as 
``Fire Pump Applications Only''.
    (h) Engine manufacturers, including importers, may introduce into 
commerce uncertified engines or engines certified to earlier standards 
that were manufactured before the new or changed standards took effect 
until inventories are depleted, as long as such engines are part of 
normal inventory. For example, if the engine manufacturers' normal 
industry practice is to keep on hand a one-month supply of engines 
based on its projected sales, and a new tier of standards starts to 
apply for the 2009 model year, the engine manufacturer may manufacture 
engines based on the normal inventory requirements late in the 2008 
model year, and sell those engines for installation. The engine 
manufacturer may not circumvent the provisions of Sec. Sec.  60.4201 or 
60.4202 by stockpiling engines that are built before new or changed 
standards take effect. Stockpiling of such engines beyond normal 
industry practice is a violation of this subpart.
    (i) The replacement engine provisions of 40 CFR 89.1003(b)(7), 40 
CFR 94.1103(b)(3), 40 CFR 94.1103(b)(4) and 40 CFR 1068.240 are 
applicable to stationary CI engines replacing existing equipment that 
is less than 15 years old.


Sec.  60.4211  What are my compliance requirements if I am an owner or 
operator of a stationary CI internal combustion engine?

    (a) If you are an owner or operator and must comply with the 
emission standards specified in this subpart, you must operate and 
maintain the stationary CI 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 may only change 
those settings that are permitted by the manufacturer. You must also 
meet the requirements of 40 CFR parts 89, 94 and/or 1068, as they apply 
to you.
    (b) If you are an owner or operator of a pre-2007 model year 
stationary CI internal combustion engine and must comply with the 
emission standards specified in Sec. Sec.  60.4204(a) or 60.4205(a), or 
if you are an owner or operator of a CI fire pump engine that is 
manufactured prior to the model years in table 3 to this subpart and 
must comply with the emission standards

[[Page 39177]]

specified in Sec.  60.4205(c), you must demonstrate compliance 
according to one of the methods specified in paragraphs (b)(1) through 
(5) of this section.
    (1) Purchasing an engine certified according to 40 CFR part 89 or 
40 CFR part 94, as applicable, for the same model year and maximum 
engine power. The engine must be installed and configured according to 
the manufacturer's specifications.
    (2) Keeping records of performance test results for each pollutant 
for a test conducted on a similar engine. The test must have been 
conducted using the same methods specified in this subpart and these 
methods must have been followed correctly.
    (3) Keeping records of engine manufacturer data indicating 
compliance with the standards.
    (4) Keeping records of control device vendor data indicating 
compliance with the standards.
    (5) Conducting an initial performance test to demonstrate 
compliance with the emission standards according to the requirements 
specified in Sec.  60.4212, as applicable.
    (c) If you are an owner or operator of a 2007 model year and later 
stationary CI internal combustion engine and must comply with the 
emission standards specified in Sec.  60.4204(b) or Sec.  60.4205(b), 
or if you are an owner or operator of a CI fire pump engine that is 
manufactured during or after the model year that applies to your fire 
pump engine power rating in table 3 to this subpart and must comply 
with the emission standards specified in Sec.  60.4205(c), you must 
comply by purchasing an engine certified to the emission standards in 
Sec.  60.4204(b), or Sec.  60.4205(b) or (c), as applicable, for the 
same model year and maximum (or in the case of fire pumps, NFPA 
nameplate) engine power. The engine must be installed and configured 
according to the manufacturer's specifications.
    (d) If you are an owner or operator and must comply with the 
emission standards specified in Sec.  60.4204(c) or Sec.  60.4205(d), 
you must demonstrate compliance according to the requirements specified 
in paragraphs (d)(1) through (3) of this section.
    (1) Conducting an initial performance test to demonstrate initial 
compliance with the emission standards as specified in Sec.  60.4213.
    (2) Establishing operating parameters to be monitored continuously 
to ensure the stationary internal combustion engine continues to meet 
the emission standards. The owner or operator must petition the 
Administrator for approval of operating parameters to be monitored 
continuously. The petition must include the information described in 
paragraphs (d)(2)(i) through (v) of this section.
    (i) Identification of the specific parameters you propose to 
monitor continuously;
    (ii) A discussion of the relationship between these parameters and 
NOX and PM emissions, identifying how the emissions of these 
pollutants change with changes in these parameters, and how limitations 
on these parameters will serve to limit NOX and PM 
emissions;
    (iii) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the limits on these 
parameters in the operating limitations;
    (iv) A discussion identifying the methods and the instruments you 
will use to monitor these parameters, as well as the relative accuracy 
and precision of these methods and instruments; and
    (v) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (3) For non-emergency engines with a displacement of greater than 
or equal to 30 liters per cylinder, conducting annual performance tests 
to demonstrate continuous compliance with the emission standards as 
specified in Sec.  60.4213.
    (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. Anyone 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 meeting standards under Sec.  60.4205 but not Sec.  
60.4204, any operation other than emergency operation, and maintenance 
and testing as permitted in this section, is prohibited.

Testing Requirements for Owners and Operators


Sec.  60.4212  What test methods and other procedures must I use if I 
am an owner or operator of a stationary CI internal combustion engine 
with a displacement of less than 30 liters per cylinder?

    Owners and operators of stationary CI ICE with a displacement of 
less than 30 liters per cylinder who conduct performance tests pursuant 
to this subpart must do so according to paragraphs (a) through (d) of 
this section.
    (a) The performance test must be conducted according to the in-use 
testing procedures in 40 CFR part 1039, subpart F.
    (b) Exhaust emissions from stationary CI ICE that are complying 
with the emission standards for new CI engines in 40 CFR part 1039 must 
not exceed the not-to-exceed (NTE) standards for the same model year 
and maximum engine power as required in 40 CFR 1039.101(e) and 40 CFR 
1039.102(g)(1), except as specified in 40 CFR 1039.104(d). This 
requirement starts when NTE requirements take effect for nonroad diesel 
engines under 40 CFR part 1039.
    (c) Exhaust emissions from stationary CI ICE that are complying 
with the emission standards for new CI engines in 40 CFR 89.112 or 40 
CFR 94.8, as applicable, must not exceed the NTE numerical 
requirements, rounded to the same number of decimal places as the 
applicable standard in 40 CFR 89.112 or 40 CFR 94.8, as applicable, 
determined from the following equation:

[GRAPHIC] [TIFF OMITTED] TR11JY06.000


Where:

STD = The standard specified for that pollutant in 40 CFR 89.112 or 40 
CFR 94.8, as applicable.

    Alternatively, stationary CI ICE that are complying with the 
emission standards for new CI engines in 40 CFR 89.112 or 40 CFR 94.8 
may follow the testing procedures specified in Sec.  60.4213 of this 
subpart, as appropriate.
    (d) Exhaust emissions from stationary CI ICE that are complying 
with the emission standards for pre-2007 model

[[Page 39178]]

year engines in Sec.  60.4204(a), Sec.  60.4205(a), or Sec.  60.4205(c) 
must not exceed the NTE numerical requirements, rounded to the same 
number of decimal places as the applicable standard in Sec.  
60.4204(a), Sec.  60.4205(a), or Sec.  60.4205(c), determined from the 
equation in paragraph (c) of this section.


Where:

STD = The standard specified for that pollutant in Sec.  60.4204(a), 
Sec.  60.4205(a), or Sec.  60.4205(c).

    Alternatively, stationary CI ICE that are complying with the 
emission standards for pre-2007 model year engines in Sec.  60.4204(a), 
Sec.  60.4205(a), or Sec.  60.4205(c) may follow the testing procedures 
specified in Sec.  60.4213, as appropriate.


Sec.  60.4213  What test methods and other procedures must I use if I 
am an owner or operator of a stationary CI internal combustion engine 
with a displacement of greater than or equal to 30 liters per cylinder?

    Owners and operators of stationary CI ICE with a displacement of 
greater than or equal to 30 liters per cylinder must conduct 
performance tests according to paragraphs (a) through (d) of this 
section.
    (a) Each performance test must be conducted according to the 
requirements in Sec.  60.8 and under the specific conditions that this 
subpart specifies in table 7. The test must be conducted within 10 
percent of 100 percent peak (or the highest achievable) load.
    (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 percent reduction requirement, 
you must follow the requirements as specified in paragraphs (d)(1) 
through (3) of this section.
    (1) You must use Equation 2 of this section to determine compliance 
with the percent reduction requirement:
[GRAPHIC] [TIFF OMITTED] TR11JY06.001

Where:

Ci = concentration of NOX or PM at the control 
device inlet,
Co = concentration of NOX or PM at the control 
device outlet, and
R = percent reduction of NOX or PM emissions.

    (2) You must normalize the NOX or PM concentrations at 
the inlet and outlet of the control device to a dry basis and to 15 
percent oxygen (O2) using Equation 3 of this section, or an 
equivalent percent carbon dioxide (CO2) using the procedures 
described in paragraph (d)(3) of this section.
[GRAPHIC] [TIFF OMITTED] TR11JY06.002


Where:

Cadj = Calculated NOX or PM concentration 
adjusted to 15 percent O2.
Cd = Measured concentration of NOX or PM, 
uncorrected.
5.9 = 20.9 percent O2-15 percent O2, the 
defined O2 correction value, percent.
%O2 = Measured O2 concentration, dry basis, 
percent.

    (3) If pollutant concentrations are to be corrected to 15 percent 
O2 and CO2 concentration is measured in lieu of 
O2 concentration measurement, a CO2 correction 
factor is needed. Calculate the CO2 correction factor as 
described in paragraphs (d)(3)(i) through (iii) of this section.
    (i) Calculate the fuel-specific Fo value for the fuel 
burned during the test using values obtained from Method 19, Section 
5.2, and the following equation:
[GRAPHIC] [TIFF OMITTED] TR11JY06.003

Where:

Fo = Fuel factor based on the ratio of O2 
volume to the ultimate CO2 volume produced by the fuel at 
zero percent excess air.
0.209 = Fraction of air that is O2, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross 
calorific value of the fuel from Method 19, dsm3/J (dscf/
106 Btu).
Fc = Ratio of the volume of CO2 produced to 
the gross calorific value of the fuel from Method 19, 
dsm3/J (dscf/106 Btu).

    (ii) Calculate the CO2 correction factor for correcting 
measurement data to 15 percent O2, as follows:

[GRAPHIC] [TIFF OMITTED] TR11JY06.004


Where:

XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2-15 percent O2, the 
defined O2 correction value, percent.

    (iii) Calculate the NOX and PM gas concentrations 
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TR11JY06.005

Where:

Cadj = Calculated NOX or PM concentration 
adjusted to 15 percent O2.
Cd = Measured concentration of NOX or PM, 
uncorrected.
%CO2 = Measured CO2 concentration, dry basis, 
percent.

    (e) To determine compliance with the NOX mass per unit 
output emission limitation, convert the concentration of NOX 
in the engine exhaust using Equation 7 of this section:

[GRAPHIC] [TIFF OMITTED] TR11JY06.006

Where:

ER = Emission rate in grams per KW-hour.
Cd = Measured NOX concentration in ppm.
1.912x10-3 = 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.
KW-hour = Brake work of the engine, in KW-hour.

    (f) To determine compliance with the PM mass per unit output 
emission limitation, convert the concentration of PM in the engine 
exhaust using Equation 8 of this section:
[GRAPHIC] [TIFF OMITTED] TR11JY06.007

Where:

ER = Emission rate in grams per KW-hour.
Cadj = Calculated PM concentration in grams per standard 
cubic meter.
Q = Stack gas volumetric flow rate, in standard cubic meter per 
hour.
T = Time of test run, in hours.
KW-hour = Energy output of the engine, in KW.

[[Page 39179]]

Notification, Reports, and Records for Owners and Operators


Sec.  60.4214  What are my notification, reporting, and recordkeeping 
requirements if I am an owner or operator of a stationary CI internal 
combustion engine?

    (a) Owners and operators of non-emergency stationary CI ICE that 
are greater than 2,237 KW (3,000 HP), or have a displacement of greater 
than or equal to 10 liters per cylinder, or are pre-2007 model year 
engines that are greater than 130 KW (175 HP) and not certified, must 
meet the requirements of paragraphs (a)(1) and (2) of this section.
    (1) Submit an initial notification as required in Sec.  60.7(a)(1). 
The notification must include the information in paragraphs (a)(1)(i) 
through (v) of this section.
    (i) Name and address of the owner or operator;
    (ii) The address of the affected source;
    (iii) Engine information including make, model, engine family, 
serial number, model year, maximum engine power, and engine 
displacement;
    (iv) Emission control equipment; and
    (v) Fuel used.
    (2) Keep records of the information in paragraphs (a)(2)(i) through 
(iv) of this section.
    (i) All notifications submitted to comply with this subpart and all 
documentation supporting any notification.
    (ii) Maintenance conducted on the engine.
    (iii) If the stationary CI internal combustion is a certified 
engine, documentation from the manufacturer that the engine is 
certified to meet the emission standards.
    (iv) If the stationary CI internal combustion is not a certified 
engine, documentation that the engine meets the emission standards.
    (b) If the stationary CI internal combustion engine is an emergency 
stationary internal combustion engine, the owner or operator is not 
required to submit an initial notification. Starting with the model 
years in table 5 to this subpart, if the emergency engine does not meet 
the standards applicable to non-emergency engines in the applicable 
model year, the owner or operator must keep records of the operation of 
the engine in emergency and non-emergency service that are recorded 
through the non-resettable hour meter. The owner must record the time 
of operation of the engine and the reason the engine was in operation 
during that time.
    (c) If the stationary CI internal combustion engine is equipped 
with a diesel particulate filter, the owner or operator must keep 
records of any corrective action taken after the backpressure monitor 
has notified the owner or operator that the high backpressure limit of 
the engine is approached.

Special Requirements


Sec.  60.4215  What requirements must I meet for engines used in Guam, 
American Samoa, or the Commonwealth of the Northern Mariana Islands?

    (a) Stationary CI ICE that are used in Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands are required to meet the 
applicable emission standards in Sec.  60.4205. Non-emergency 
stationary CI ICE with a displacement of greater than or equal to 30 
liters per cylinder, must meet the applicable emission standards in 
Sec.  60.4204(c).
    (b) Stationary CI ICE that are used in Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands are not required to meet 
the fuel requirements in Sec.  60.4207.


Sec.  60.4216  What requirements must I meet for engines used in 
Alaska?

    (a) Prior to December 1, 2010, owners and operators of stationary 
CI engines located in areas of Alaska not accessible by the Federal Aid 
Highway System should refer to 40 CFR part 69 to determine the diesel 
fuel requirements applicable to such engines.
    (b) The Governor of Alaska may submit for EPA approval, by no later 
than January 11, 2008, an alternative plan for implementing the 
requirements of 40 CFR part 60, subpart IIII, for public-sector 
electrical utilities located in rural areas of Alaska not accessible by 
the Federal Aid Highway System. This alternative plan must be based on 
the requirements of section 111 of the Clean Air Act including any 
increased risks to human health and the environment and must also be 
based on the unique circumstances related to remote power generation, 
climatic conditions, and serious economic impacts resulting from 
implementation of 40 CFR part 60, subpart IIII. If EPA approves by 
rulemaking process an alternative plan, the provisions as approved by 
EPA under that plan shall apply to the diesel engines used in new 
stationary internal combustion engines subject to this paragraph.


Sec.  60.4217  What emission standards must I meet if I am an owner or 
operator of a stationary internal combustion engine using special 
fuels?

    (a) Owners and operators of stationary CI ICE that do not use 
diesel fuel, or who have been given authority by the Administrator 
under Sec.  60.4207(d) of this subpart to use fuels that do not meet 
the fuel requirements of paragraphs (a) and (b) of Sec.  60.4207, may 
petition the Administrator for approval of alternative emission 
standards, if they can demonstrate that they use a fuel that is not the 
fuel on which the manufacturer of the engine certified the engine and 
that the engine cannot meet the applicable standards required in Sec.  
60.4202 or Sec.  60.4203 using such fuels.
    (b) [Reserved]

General Provisions


Sec.  60.4218  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  60.1 through 60.19 apply to you.

Definitions


Sec.  60.4219  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.
    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.
    Diesel particulate filter means an emission control technology that 
reduces PM emissions by trapping the particles in a flow filter 
substrate and periodically removes the collected particles by either 
physical action or by oxidizing (burning off) the particles in a 
process called regeneration.
    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

[[Page 39180]]

(including power supplied to portions of a facility) when electric 
power from the local utility (or the normal power source, if the 
facility runs on its own power production) is interrupted, or 
stationary ICE used to pump water in the case of fire or flood, etc. 
Stationary CI ICE used to supply power to an electric grid or that 
supply power as part of a financial arrangement with another entity are 
not considered to be emergency engines.
    Engine manufacturer means the manufacturer of the engine. See the 
definition of ``manufacturer'' in this section.
    Fire pump engine means an emergency stationary internal combustion 
engine certified to NFPA requirements that is used to provide power to 
pump water for fire suppression or protection.
    Manufacturer has the meaning given in section 216(1) of the 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 sale or resale.
    Maximum engine power means maximum engine power as defined in 40 
CFR 1039.801.
    Model year means either:
    (1) The calendar year in which the engine was originally produced, 
or
    (2) 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.
    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.
    Reciprocating internal combustion engine means any internal 
combustion engine which uses reciprocating motion to convert heat 
energy into mechanical work.
    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 a gasoline, natural gas, or 
liquefied petroleum gas 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 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.
    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile 
ICE in that a stationary internal combustion engine is not a nonroad 
engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of 
that definition), and is not used to propel a motor vehicle or a 
vehicle used solely for competition. Stationary ICE include 
reciprocating ICE, rotary ICE, and other ICE, except combustion 
turbines.
    Subpart means 40 CFR part 60, subpart IIII.
    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).

Tables to Subpart IIII of Part 60

    Table 1 to Subpart IIII of Part 60.--Emission Standards for Stationary Pre-2007 Model Year Engines With a
    Displacement of <10 Liters per Cylinder and 2007-2010 Model Year Engines >2,237 KW (3,000 HP) and With a
                                     Displacement of <10 Liters per Cylinder
     [As stated in Sec.  Sec.   60.4201(b), 60.4202(b), 60.4204(a), and 60.4205(a), you must comply with the
                                          following emission standards]
----------------------------------------------------------------------------------------------------------------
                                                  Emission standards for stationary pre-2007 model year engines
                                                   with a displacement of <10 liters per cylinder and 2007-2010
                                                 model year engines >2,237 KW (3,000 HP) and with a displacement
              Maximum engine power                       of <10 liters per cylinder in g/KW-hr (g/HP-hr)
                                                ----------------------------------------------------------------
                                                  NMHC + NOX       HC          NOX           CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)...................................   10.5 (7.8)  ...........  ...........    8.0 (6.0)   1.0 (0.75)
8<=KW<19 (11<=HP<25)...........................    9.5 (7.1)  ...........  ...........    6.6 (4.9)  0.80 (0.60)
19<=KW<37 (25<=HP<50)..........................    9.5 (7.1)  ...........  ...........    5.5 (4.1)  0.80 (0.60)
37<=KW<56 (50<=HP<75)..........................  ...........  ...........    9.2 (6.9)  ...........  ...........
56<=KW<75 (75<=HP<100).........................  ...........  ...........    9.2 (6.9)  ...........  ...........
75<=KW<130 (100<=HP<175).......................  ...........  ...........    9.2 (6.9)  ...........  ...........
130<=KW<225 (175<=HP<300)......................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
225<=KW<450 (300<=HP<600)......................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
450<=KW<=560 (600<=HP<=750)....................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
KW>560 (HP>750)................................  ...........    1.3 (1.0)    9.2 (6.9)   11.4 (8.5)  0.54 (0.40)
----------------------------------------------------------------------------------------------------------------


[[Page 39181]]


  Table 2 to Subpart IIII of Part 60.--Emission Standards for 2008 Model Year and Later Emergency Stationary CI
                        ICE <37 KW (50 HP) With a Displacement of <10 Liters per Cylinder
           [As stated in Sec.   60.4202(a)(1), you must comply with the following emission standards]
----------------------------------------------------------------------------------------------------------------
                                                               Emission standards for 2008 model year and later
                                                               emergency stationary CI ICE <37 KW (50 HP) with a
                                                              displacement of <10 liters per cylinder in g/KW-hr
                        Engine power                                               (g/HP-hr)
                                                             ---------------------------------------------------
                                                                 Model
                                                                year(s)     NOX + NMHC       CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)................................................        2008+    7.5 (5.6)    8.0 (6.0)  0.40 (0.30)
8<=KW<19 (11<=HP<25)........................................        2008+    7.5 (5.6)    6.6 (4.9)  0.40 (0.30)
19<=KW<37 (25<=HP<50).......................................        2008+    7.5 (5.6)    5.5 (4.1)  0.30 (0.22)
----------------------------------------------------------------------------------------------------------------


   Table 3 to Subpart IIII of Part 60.--Certification Requirements for
                      Stationary Fire Pump Engines
  [As stated in Sec.   60.4202(d), you must certify new stationary fire
         pump engines beginning with the following model years:]
------------------------------------------------------------------------
                                                   Starting model year
                                                   engine manufacturers
                                                     must certify new
                  Engine power                     stationary fire pump
                                                   engines according to
                                                    Sec.   60.4202(d)
------------------------------------------------------------------------
KW<75 (HP<100).................................                     2011
75<=KW<130 (100<=HP<175).......................                     2010
130<=KW<=560 (175<=HP<=750)....................                     2009
KW>560 (HP>750)................................                     2008
------------------------------------------------------------------------


            Table 4 to Subpart IIII of Part 60.--Emission Standards for Stationary Fire Pump Engines
 [As stated in Sec.  Sec.   60.4202(d) and 60.4205(c), you must comply with the following emission standards for
                                          stationary fire pump engines]
----------------------------------------------------------------------------------------------------------------
           Maximum engine power                     Model year(s)           NMHC + NOX       CO           PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)..............................  2010 and earlier.............   10.5 (7.8)    8.0 (6.0)   1.0 (0.75)
                                            2011+........................    7.5 (5.6)  ...........  0.40 (0.30)
8<=KW<19 (11<=HP<25)......................  2010 and earlier.............    9.5 (7.1)    6.6 (4.9)  0.80 (0.60)
                                            2011+........................    7.5 (5.6)  ...........  0.40 (0.30)
19<=KW<37 (25<=HP<50).....................  2010 and earlier.............    9.5 (7.1)    5.5 (4.1)  0.80 (0.60)
                                            2011+........................    7.5 (5.6)  ...........  0.30 (0.22)
37<=KW<56 (50<=HP<75).....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011+ \1\....................    4.7 (3.5)  ...........  0.40 (0.30)
56<=KW<75 (75<=HP<100)....................  2010 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2011+ \1\....................    4.7 (3.5)  ...........  0.40 (0.30)
75<=KW<130 (100<=HP<175)..................  2009 and earlier.............   10.5 (7.8)    5.0 (3.7)  0.80 (0.60)
                                            2010+ \2\....................    4.0 (3.0)  ...........  0.30 (0.22)
130<=KW<225 (175<=HP<300).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+ \3\....................    4.0 (3.0)  ...........  0.20 (0.15)
225<=KW<450 (300<=HP<600).................  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+ \3\....................    4.0 (3.0)  ...........  0.20 (0.15)
450<=KW<=560 (600<=HP<=750)...............  2008 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2009+........................    4.0 (3.0)  ...........  0.20 (0.15)
KW>560 (HP>750)...........................  2007 and earlier.............   10.5 (7.8)    3.5 (2.6)  0.54 (0.40)
                                            2008+........................    6.4 (4.8)  ...........  0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\1\ For model years 2011-2013, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
  power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with the
  emission limitations for 2010 model year engines.
\2\ For model years 2010-2012, manufacturers, owners and operators of fire pump stationary CI ICE in this engine
  power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations for 2009
  model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE in this engine power category with a
  rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.


     Table 5 to Subpart IIII of Part 60.--Labeling and Recordkeeping
            Requirements for New Stationary Emergency Engines
[You must comply with the labeling requirements in Sec.   60.4210(f) and
  the recordkeeping requirements in Sec.   60.4214(b) for new emergency
       stationary CI ICE beginning in the following model years:]
------------------------------------------------------------------------
                  Engine power                     Starting model year
------------------------------------------------------------------------
19<=KW<56 (25<=HP<75)..........................                     2013
56<=KW<130 (75<=HP<175)........................                     2012
KW>=130 (HP>=175)..............................                     2011
------------------------------------------------------------------------


[[Page 39182]]


        Table 6 to Subpart IIII of Part 60.--Optional 3-Mode Test Cycle for Stationary Fire Pump Engines
[As stated in Sec.   60.4210(g), manufacturers of fire pump engines may use the following test cycle for testing
                                               fire pump engines:]
----------------------------------------------------------------------------------------------------------------
                                                                                      Torque         Weighting
                   Mode No.                             Engine speed \1\           (percent) \2\      factors
----------------------------------------------------------------------------------------------------------------
1.............................................  Rated...........................             100            0.30
----------------------------------------------------------------------------------------------------------------
2.............................................  Rated...........................              75            0.50
----------------------------------------------------------------------------------------------------------------
3.............................................  Rated...........................              50            0.20
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed: 2 percent of point.
\2\ Torque: NFPA certified nameplate HP for 100 percent point. All points should be 2 percent of
  engine percent load value.


      Table 7 to Subpart IIII of Part 60.--Requirements for Performance Tests for Stationary CI ICE With a
                                  Displacement of [gteqt]30 Liters per Cylinder
     [As stated in Sec.   60.4213, you must comply with the following requirements for performance tests for
                    stationary CI ICE with a displacement of [gteqt]30 liters per cylinder:]
----------------------------------------------------------------------------------------------------------------
                                                                                               According to the
            For each              Complying with the       You must              Using             following
                                     requirement to                                              requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary CI internal         a. Reduce NOX       i. Select the       (1) Method 1 or 1A  (a) Sampling sites
 combustion engine with a          emissions by 90     sampling port       of 40 CFR part      must be located
 displacement of [gteqt]30         percent or more.    location and the    60, appendix A.     at the inlet and
 liters per cylinder.                                  number of                               outlet of the
                                                       traverse points;                        control device.
                                                      ii. Measure O2 at   (2) Method 3, 3A,   (b) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A.                  must be made at
                                                                                               the same time as
                                                                                               the measurements
                                                                                               for NOX
                                                                                               concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content at the      appendix A,         moisture content
                                                       inlet and outlet    Method 320 of 40    must be made at
                                                       of the control      CFR part 63,        the same time as
                                                       device; and,        appendix A, or      the measurements
                                                                           ASTM D 6348-03      for NOX
                                                                           (incorporated by    concentration.
                                                                           reference, see
                                                                           Sec.   60.17).
                                                      iv. Measure NOX at  (4) Method 7E of    (d) NOX
                                                       the inlet and       40 CFR part 60,     concentration
                                                       outlet of the       appendix A,         must be at 15
                                                       control device.     Method 320 of 40    percent O2, dry
                                                                           CFR part 63,        basis. Results of
                                                                           appendix A, or      this test consist
                                                                           ASTM D 6348-03      of the average of
                                                                           (incorporated by    the three 1-hour
                                                                           reference, see      or longer runs.
                                                                           Sec.   60.17).
                                  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,
                                   NOX in the          location and the    60, Appendix A.     the sampling site
                                   stationary CI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       internal            A.                  must be made at
                                                       combustion engine                       the same time as
                                                       exhaust at the                          the measurement
                                                       sampling port                           for NOX
                                                       location; and,                          concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A,         moisture content
                                                       stationary          Method 320 of 40    must be made at
                                                       internal            CFR part 63,        the same time as
                                                       combustion engine   appendix A, or      the measurement
                                                       exhaust at the      ASTM D 6348-03      for NOX
                                                       sampling port       (incorporated by    concentration.
                                                       location; and,      reference, see
                                                                           Sec.   60.17).
                                                      iv. Measure NOX at  (4) Method 7E of    (d) NOX
                                                       the exhaust of      40 CFR part 60,     concentration
                                                       the stationary      appendix A,         must be at 15
                                                       internal            Method 320 of 40    percent O2, dry
                                                       combustion engine.  CFR part 63,        basis. Results of
                                                                           appendix A, or      this test consist
                                                                           ASTM D 6348-03      of the average of
                                                                           (incorporated by    the three 1-hour
                                                                           reference, see      or longer runs.
                                                                           Sec.   60.17).
                                  c. Reduce PM        i. Select the       (1) Method 1 or 1A  (a) Sampling sites
                                   emissions by 60     sampling port       of 40 CFR part      must be located
                                   percent or more.    location and the    60, appendix A.     at the inlet and
                                                       number of                               outlet of the
                                                       traverse points;                        control device.

[[Page 39183]]

 
                                                      ii. Measure O2 at   (2) Method 3, 3A,   (b) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A.                  must be made at
                                                                                               the same time as
                                                                                               the measurements
                                                                                               for PM
                                                                                               concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine and
                                                       content at the      appendix A.         moisture content
                                                       inlet and outlet                        must be made at
                                                       of the control                          the same time as
                                                       device; and                             the measurements
                                                                                               for PM
                                                                                               concentration.
                                                      iv. Measure PM at   (4) Method 5 of 40  (d) PM
                                                       the inlet and       CFR part 60,        concentration
                                                       outlet of the       appendix A.         must be at 15
                                                       control device.                         percent O2, dry
                                                                                               basis. Results of
                                                                                               this test consist
                                                                                               of the average of
                                                                                               the three 1-hour
                                                                                               or longer runs.
                                  d. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   PM in the           location and the    60, Appendix A.     the sampling site
                                   stationary CI       number of                               must be located
                                   internal            traverse points;                        at the outlet of
                                   combustion engine                                           the control
                                   exhaust.                                                    device.
                                                      ii. Determine the   (2) Method 3, 3A,   (b) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       internal            A.                  must be made at
                                                       combustion engine                       the same time as
                                                       exhaust at the                          the measurements
                                                       sampling port                           for PM
                                                       location; and                           concentration.
                                                      iii. If necessary,  (3) Method 4 of 40  (c) Measurements
                                                       measure moisture    CFR part 60,        to determine
                                                       content of the      appendix A.         moisture content
                                                       stationary                              must be made at
                                                       internal                                the same time as
                                                       combustion engine                       the measurements
                                                       exhaust at the                          for PM
                                                       sampling port                           concentration.
                                                       location; and
                                                      iv. Measure PM at   (4) Method 5 of 40  (d) PM
                                                       the exhaust of      CFR part 60,        concentration
                                                       the stationary      appendix A.         must be at 15
                                                       internal                                percent O2, dry
                                                       combustion engine.                      basis. Results of
                                                                                               this test consist
                                                                                               of the average of
                                                                                               the three 1-hour
                                                                                               or longer runs.
----------------------------------------------------------------------------------------------------------------


            Table 8 to Subpart IIII of Part 60.--Applicability of General Provisions to Subpart IIII
        [As stated in Sec.   60.4218, you must comply with the following applicable General Provisions:]
----------------------------------------------------------------------------------------------------------------
   General Provisions  citation         Subject of citation      Applies  to  subpart         Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   60.1.......................  General applicability of    Yes..................
                                     the General Provisions.
Sec.   60.2.......................  Definitions...............  Yes..................  Additional terms defined
                                                                                        in Sec.   60.4219.
Sec.   60.3.......................  Units and abbreviations...  Yes..................
Sec.   60.4.......................  Address...................  Yes..................
Sec.   60.5.......................  Determination of            Yes..................
                                     construction or
                                     modification.
Sec.   60.6.......................  Review of plans...........  Yes..................
Sec.   60.7.......................  Notification and            Yes..................  Except that Sec.   60.7
                                     Recordkeeping.                                     only applies as
                                                                                        specified in Sec.
                                                                                        60.4214(a).
Sec.   60.8.......................  Performance tests.........  Yes..................  Except that Sec.   60.8
                                                                                        only applies to
                                                                                        stationary CI ICE with a
                                                                                        displacement of (>=30
                                                                                        liters per cylinder and
                                                                                        engines that are not
                                                                                        certified.
Sec.   60.9.......................  Availability of             Yes..................
                                     information.
Sec.   60.10......................  State Authority...........  Yes..................
Sec.   60.11......................  Compliance with standards   No...................  Requirements are
                                     and maintenance                                    specified in subpart
                                     requirements.                                      IIII.
Sec.   60.12......................  Circumvention.............  Yes..................

[[Page 39184]]

 
Sec.   60.13......................  Monitoring requirements...  Yes..................  Except that Sec.   60.13
                                                                                        only applies to
                                                                                        stationary CI ICE with a
                                                                                        displacement of (>=30
                                                                                        liters per cylinder.
Sec.   60.14......................  Modification..............  Yes..................
Sec.   60.15......................  Reconstruction............  Yes..................
Sec.   60.16......................  Priority list.............  Yes..................
Sec.   60.17......................  Incorporations by           Yes..................
                                     reference.
Sec.   60.18......................  General control device      No...................
                                     requirements.
Sec.   60.19......................  General notification and    Yes..................
                                     reporting requirements.
----------------------------------------------------------------------------------------------------------------

PART 85--[AMENDED]

0
4. The authority citation for part 85 continues to read as follows:

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

0
5. Section 85.2401 is amended by revising paragraphs (a)(6), (a)(11), 
and (a)(12) and adding paragraph (a)(13) to read as follows:


Sec.  85.2401  To whom do these requirements apply?

    (a) * * *
    (6) Nonroad compression-ignition engines (See 40 CFR parts 89 and 
1039);
* * * * *
    (11) Heavy-duty highway gasoline vehicles (evaporative emissions 
certification only) (See 40 CFR part 86);
    (12) Large nonroad spark-ignition engines (engines >19 KW) (See 40 
CFR part 1048); and
    (13) Stationary internal combustion engines (See 40 CFR part 60, 
subpart IIII).
* * * * *

0
6. Section 85.2403 is amended by revising the definition for ``Federal 
certificate'' in paragraph (a), revising paragraphs (b)(8) and (b)(9), 
and adding paragraphs (b)(10) and (b)(11) to read as follows:


Sec.  85.2403  What definitions apply to this subpart?

    (a) * * *
* * * * *
    Federal certificate is a Certificate of Conformity issued by EPA 
which signifies compliance with emission requirements in any of the 
parts specified in paragraph (b) of this section.
* * * * *
    (b) * * *
    (8) 40 CFR part 1039;
    (9) 40 CFR part 1048;
    (10) 40 CFR part 1051; and
    (11) 40 CFR part 60, subpart IIII.

0
7. Section 85.2405 is amended by adding paragraph (e) to read as 
follows:


Sec.  85.2405  How much are the fees?

* * * * *
    (e) Fees for stationary CI internal combustion engine certificate 
requests shall be calculated in the same manner as for NR CI 
certificate requests for engines with a displacement less than 10 
liters per cylinder, and in the same manner as for marine engine 
certificate requests for engines with a displacement greater than or 
equal to 10 liters per cylinder. 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 89--[AMENDED]

0
8. The authority citation for part 89 continues to read as follows:

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

0
9. Section 89.1 is amended by adding paragraph (d) to read as follows:


Sec.  89.1  Applicability.

* * * * *
    (d) This part applies as specified in 40 CFR part 60 subpart IIII, 
to compression-ignition engines subject to the standards of 40 CFR part 
60, subpart IIII.

0
10. Section 89.115 is amended by adding paragraph (d)(11) to read as 
follows:


Sec.  89.115  Application for certificate.

* * * * *
    (d) * * *
    (11) A statement indicating whether the engine family contains only 
nonroad engines, only stationary engines, or both.

0
11. Section 89.201 is revised to read as follows:


Sec.  89.201  Applicability.

    Nonroad compression-ignition engines subject to the provisions of 
subpart A of this part are eligible to participate in the averaging, 
banking, and trading program described in this subpart. To the extent 
specified in 40 CFR part 60, subpart IIII, stationary engines certified 
under this part and subject to the standards of 40 CFR part 60, subpart 
IIII, may participate in the averaging, banking, and trading program 
described in this subpart.

PART 94--[AMENDED]

0
12. The authority citation for part 94 continues to read as follows:

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

0
13. Section 94.1 is amended by adding paragraph (d) to read as follows:


Sec.  94.1  Applicability.

* * * * *
    (d) This part applies as specified in 40 CFR part 60, subpart IIII, 
to compression-ignition engines subject to the standards of 40 CFR part 
60, subpart IIII.

0
14. Section 94.301 is revised to read as follows:


Sec.  94.301  Applicability.

    Marine engine families subject to the standards of subpart A of 
this part are eligible to participate in the certification averaging, 
banking, and trading program described in this subpart. The provisions 
of this subpart apply to manufacturers of new engines that are subject 
to the emission standards of Sec.  94.8. To the extent specified in 40 
CFR part 60, subpart IIII, stationary engines certified under this part 
and subject to the standards of 40 CFR part 60, subpart IIII, may 
participate in the averaging, banking, and trading program described in 
this subpart.

PART 1039--[AMENDED]

0
15. The authority citation for part 1039 continues to read as follows:

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


0
16. Section 1039.1 is amended by revising paragraph (c) to read as 
follows:

[[Page 39185]]

Sec.  1039.1  Does this part apply for my engines?

* * * * *
    (c) The definition of nonroad engine in 40 CFR 1068.30 excludes 
certain engines used in stationary applications. These engines may be 
required by subpart IIII of 40 CFR part 60 to comply with some of the 
provisions of this part 1039; otherwise, these engines are only 
required to comply with the requirements in Sec.  1039.20. 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 1039, or under the provisions of 40 CFR part 89 or 40 CFR part 94, 
to the same standards that would apply to nonroad engines for the same 
model year.
* * * * *

0
17. Section 1039.20 is amended by revising paragraphs (a) and (b) and 
adding paragraph (c) to read as follows:


Sec.  1039.20  What requirements from this part apply to excluded 
stationary engines?

* * * * *
    (a) You must add a permanent label or tag to each new engine you 
produce or import that is excluded under Sec.  1039.1(c) as a 
stationary engine and is not required by 40 CFR part 60, subpart IIII, 
to meet the requirements of this part 1039, or the requirements of 
parts 89 or 94, that are equivalent to the requirements applicable to 
nonroad or marine engines for the same model year. To meet labeling 
requirements, you must do the following things:
    (1) Attach the label or tag in one piece so no one can remove it 
without destroying or defacing it.
    (2) Secure it to a part of the engine needed for normal operation 
and not normally requiring replacement.
    (3) Make sure it is durable and readable for the engine's entire 
life.
    (4) Write it in English.
    (5) Follow the requirements in Sec.  1039.135(g) regarding 
duplicate labels if the engine label is obscured in the final 
installation.
    (b) Engine labels or tags required under this section must have the 
following information:
    (1) Include the heading ``EMISSION CONTROL INFORMATION.''
    (2) Include your full corporate name and trademark. You may instead 
include the fill corporate name and trademark of another company you 
choose to designate.
    (3) State the engine displacement (in liters) and maximum engine 
power (or in the case of fire pumps, NFPA nameplate engine power).
    (4) State: ``THIS ENGINE IS EXEMPTED FROM THE REQUIREMENTS OF 40 
CFR PARTS 89 AND 1039 AS A ``STATIONARY ENGINE.'' INSTALLING OR USING 
THIS ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW 
SUBJECT TO CIVIL PENALTY.''
    (c) Stationary engines required by 40 CFR part 60, subpart IIII, to 
meet the requirements of this part 1039, or parts 89 or 94, must meet 
the labeling requirements of 40 CFR 60.4210.

0
18. Section 1039.205 is amended by revising paragraph (v) to read as 
follows:


Sec.  1039.205  What must I include in my application?

* * * * *
    (v) State whether your certification is intended to include engines 
used in stationary applications. 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) Engines used for transportation refrigeration units that you 
certify under the provisions of Sec.  1039.645.
    (3) Hand-startable engines certified under the provisions of Sec.  
1039.101(c).
    (4) Engines above 560 KW that are not certified to emission 
standards for generator-set engines.
* * * * *

0
19. Section 1039.705 is amended by revising paragraph (c) to read as 
follows:


Sec.  1039.705  How do I generate and calculate emission credits?

* * * * *
    (c) In your application for certification, base your showing of 
compliance on projected production volumes for engines whose point of 
first retail sale is in the United States. As described in Sec.  
1039.730, compliance with the requirements of this subpart is 
determined at the end of the model year based on actual production 
volumes for engines whose point of first retail sale is in the United 
States. Do not include any of the following engines to calculate 
emission credits:
    (1) Engines exempted under subpart G of this part or under 40 CFR 
part 1068.
    (2) Exported engines.
    (3) Engines not subject to the requirements of this part, such as 
those excluded under Sec.  1039.5.
    (4) Engines in families that include only stationary engines, 
except for engines in families certified to standards that are 
identical to standards applicable under this part 1039 to nonroad 
engines of the same type for the same model year.
    (5) Any other engines, where we indicate elsewhere in this part 
1039 that they are not to be included in the calculations of this 
subpart.

PART 1065--[AMENDED]

0
20. The authority citation for part 1065 continues to read as follows:

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

0
21. Section 1065.1 is amended by adding paragraph (a)(5) to read as 
follows:


Sec.  1065.1  Applicability.

    (a) * * *
    (5) Stationary compression-ignition engines certified using the 
provisions of 40 CFR part 1039, as indicated under 40 CFR part 60, 
subpart IIII, the standard-setting part for these engines.
* * * * *

PART 1068--[AMENDED]

0
22. The authority citation for part 1068 continues to read as follows:

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

0
23. Section 1068.1 is amended by adding paragraph (a)(4) to read as 
follows:


Sec.  1068.1  Does this part apply to me?

    (a) * * *
    (4) Stationary compression-ignition engines certified to the 
provisions of 40 CFR part 1039, as indicated under 40 CFR part 60, 
subpart IIII.
* * * * *
0
24. Section 1068.310 is amended by revising paragraph (b) to read as 
follows:


Sec.  1068.310  What are the exclusions for imported engines?

* * * * *
    (b) Stationary engines. The definition of nonroad engine in 40 CFR 
1068.30 does not include certain engines used in stationary 
applications. Such engines may be subject to the standards of 40 CFR 
part 60. Engines that are excluded from the definition of nonroad 
engine in this part and not required to be certified to standards under 
40 CFR part 60 are not subject to the restrictions on imports in Sec.  
1068.301(b), but only if they are properly labeled. Section 1068.101 
restricts the use of stationary engines for non-stationary purposes 
unless they are certified under 40 CFR Part 60 to the same standards 
that would apply to nonroad engines for the same model year.
* * * * *
[FR Doc. 06-5968 Filed 7-10-06; 8:45 am]
BILLING CODE 6560-50-P