[Federal Register Volume 73, Number 13 (Friday, January 18, 2008)]
[Rules and Regulations]
[Pages 3568-3614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25394]



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Part III





Environmental Protection Agency





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40 CFR Parts 60, 63, 85 et al.



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

  Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules 
and Regulations  

[[Page 3568]]


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ENVIRONMENTAL PROTECTION AGENCY

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

[EPA-HQ-OAR-2005-0030, FRL-8512-4]
RIN 2060-AM81


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This final rule is effective on March 18, 2008. The 
incorporation by reference of certain publications listed in the final 
rule is approved by the Director of the Federal Register as of March 
18, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2005-0030. EPA also relies on materials in Docket ID No. 
EPA-HQ-OAR-2005-0029 and incorporates 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., 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 EPA Headquarters Library, 
Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., 
Washington, DC. The EPA/DC Public Reading Room hours of operation will 
be 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through 
Friday. The telephone number for the Public Reading Room is (202) 566-
1744, and the telephone number for the Air and Radiation Docket and 
Information Center is (202) 566-1742.

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

SUPPLEMENTARY INFORMATION:
    Background Information Document. EPA proposed new source 
performance standards (NSPS) for stationary spark ignition internal 
combustion engines, and national emission standards for hazardous air 
pollutants (NESHAP) for stationary reciprocating internal combustion 
engines that either are located at area sources of hazardous air 
pollutant emissions or that have a site rating of less than or equal to 
500 brake horsepower and are located at major sources of hazardous air 
pollutant emissions, on June 12, 2006 (71 FR 33803), and received 46 
comment letters on the proposal. A background information document BID) 
(``Response to Public Comments on Proposed Standards of Performance for 
Stationary Spark Ignition Internal Combustion Engines and National 
Emission Standards for Hazardous Air Pollutants for Stationary 
Reciprocating 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-2005-0030.
    Organization of This Document. The following outline is provided to 
aid in locating information in the preamble.

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
    D. Why is EPA not promulgating a final decision on existing 
stationary reciprocating internal combustion engines?
II. Background
III. 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 are the final standards?
    D. What are the requirements for sources that are modified or 
reconstructed?
    E. What are the requirements for demonstrating compliance?
    F. What are the reporting and recordkeeping requirements?
IV. Summary of Significant Changes Since Proposal
    A. Compliance Dates
    B. Distinguishing Sources Based on Size
    C. Hydrocarbon Limit
    D. Alternative Limits in Concentration Units
    E. Emergency Engine Standards
    F. Emergency Engine Definition
    G. Manufacturer O&M Requirements
    H. Streamlined Compliance Requirements
V. Summary of Responses to Major Comments
    A. Compliance Dates
    B. Final Hydrocarbon Emission Limits
    C. Emergency Engine Standards
    D. Emergency Engine Definition
    E. Manufacturer O&M Requirements
    F. Streamlined Compliance Requirements
VI. Summary of Environmental, Energy and Economic Impacts
    A. What are the air quality impacts?
    B. What are the cost impacts?
    C. What are the benefit estimates?
    D. What are the economic impacts?
    E. What are the non-air health, environmental and energy 
impacts?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations.
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    Categories and entities potentially regulated by this action 
include:

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

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your engine is regulated by this action, 
you should examine the applicability criteria of 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.

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of these final rules is available only by filing a petition for review 
in the U.S. Court of Appeals for the District of Columbia Circuit by 
September 14, 2007. Under section 307(d)(7)(B) of the CAA, only an 
objection to these final rules that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by these final rules may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.

D. Why is EPA not promulgating a final decision for existing stationary 
reciprocating internal combustion engines?

    In the notice of proposed rulemaking for this rule, published on 
April 12, 2006, EPA proposed maximum achievable control technology 
(MACT) and generally available control technology (GACT) standards of 
no emission reductions for existing engines. During the comment period 
following the proposal, EPA received several comments indicating that 
the proposed emission standards for existing engines were not 
appropriate. In addition, since the publication of the proposed 
rulemaking, the U.S. Court of Appeals for the District of Columbia 
Circuit issued a ruling on March 13, 2007 involving litigation on the 
Brick MACT, which set emission standards for major sources. (40 CFR 
part 63, subpart JJJJJ) that appears to impact EPA's ability to 
finalize its proposed ``no reduction'' MACT standards for existing 
sources. Sierra Club v. EPA, 479 F.3d 875 (DC Cir 2007). Among other 
things, the D.C. Circuit found unlawful EPA's no emission reduction 
control floors, which EPA established for categories in which the best 
performers used no emission reduction control technology. Because in 
the proposed rule EPA used a MACT floor methodology similar to the 
methodology used in the Brick MACT, EPA intends to re-evaluate the MACT 
floors for existing major sources that have a site rating of less than 
or equal to 500 brake horsepower consistent with the Court's decision 
in the Brick MACT case. EPA also intends to re-evaluate the standards 
for existing area sources in light of the comments received on the 
proposed rule.
    For these reasons, this final rule does not promulgate any 
standards with regards to existing engines. EPA's plan is to engage in 
a separate rulemaking process that will focus on existing sources. EPA 
intends to gather further information on existing engines and then 
promulgate standards that will take into account the comments it has 
received, the intervening court decision, and any new information EPA 
receives as a part of the rulemaking process. EPA expects to propose 
standards early in 2009.

II. Background

    This action promulgates new source performance standards (NSPS) 
that would apply to new, modified and reconstructed stationary spark 
ignition (SI) internal combustion engines (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. The NSPS for 
stationary SI ICE is promulgated under 40 CFR part 60, subpart JJJJ.
    This action also promulgates national emission standards for 
hazardous air pollutants (NESHAP) from new and reconstructed stationary 
reciprocating internal combustion engines (RICE) with a site rating of 
less than or equal to 500 horsepower (HP) located at major sources, and 
new and reconstructed

[[Page 3570]]

stationary RICE located at area sources. The NESHAP are promulgated 
under 40 CFR part 63, subpart ZZZZ.

III. Summary of the Final Rule

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

    The final NSPS apply to new stationary SI ICE. A stationary 
internal combustion engine means any internal combustion engine, except 
combustion turbines, that converts heat energy into mechanical work and 
is not mobile. Stationary ICE differ from mobile ICE in that a 
stationary internal combustion engine is not a nonroad engine as 
defined at 40 CFR 1068.30, and is not used to propel a motor vehicle or 
a vehicle used solely for competition. Stationary ICE include 
reciprocating ICE, rotary ICE, and other ICE, except combustion 
turbines. The final NESHAP apply only to stationary RICE. To our 
knowledge, no rotary or other types of stationary ICE exist at this 
time.
    The SI NSPS address emissions from new, modified and reconstructed 
stationary SI engines. An SI engine is either a gasoline-fueled engine; 
or any other type of engine, with a spark plug (or other sparking 
device) and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark ignition engines usually use a 
throttle to regulate intake air flow to control power during normal 
operation. Dual-fuel engines in which a liquid fuel (typically diesel 
fuel) is used for compression ignition and gaseous fuel (typically 
natural gas) is used as the primary fuel at an annual average ratio of 
less than 2 parts diesel fuel to 100 parts total fuel on an energy 
equivalent basis are considered SI engines for purposes of the final 
rule.
    The final NESHAP address emissions from new and reconstructed 
stationary engines less than or equal to 500 HP located at major 
sources and all new and reconstructed stationary engines located at 
area sources. A major source of HAP emissions is a plant site that 
emits or has the potential to emit any single hazardous air pollutant 
(HAP) at a rate of 10 tons (9.07 megagrams) or more per year or any 
combination of HAP at a rate of 25 tons (22.68 megagrams) or more per 
year, except that for oil and gas production facilities, a major source 
of HAP emissions is determined for each surface site. An area source of 
HAP emissions is a source that is not a major source.
    If you are an owner or operator of an area source subject to the 
final rule, you are exempt from the obligation to obtain a permit under 
40 CFR part 70 or 71, provided you are not required to obtain a permit 
under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason other than your 
status as an area source under the final rule.
1. SI NSPS
    New source performance standards for stationary SI engines are 
issued under section 111(b) of the CAA. All new, modified and 
reconstructed stationary SI engines are covered regardless of size. The 
NSPS apply to stationary SI engines combusting any fuel (natural gas, 
gasoline, liquefied petroleum gas (LPG), compressed natural gas, 
landfill gas, digester gas, and any other applicable fuel). New source 
performance standards require these sources to control emissions to the 
level achievable by best demonstrated technology (BDT), considering 
costs and any non-air quality health and environmental impacts and 
energy requirements.
    Under section 111 of the CAA, 42 U.S.C. 7411, the Administrator is 
required to publish, and periodically update, a list of source 
categories that in his or her judgment cause, or contribute 
significantly to, air pollution which may reasonably be anticipated to 
endanger public health or welfare. This list appears in 40 CFR 60.16. 
The list reflects the Administrator's determination that emissions from 
the listed source categories contribute significantly to air pollution 
that may reasonably be anticipated to endanger public health or 
welfare, and it is intended to identify major source categories for 
which standards of performance are to be promulgated.
    EPA has determined that for purposes of NSPS regulations, the 
stationary internal combustion engine source category should be split 
into two source categories--SI engines and compression ignition (CI) 
engines. Final NSPS for stationary CI engines were published on July 
11, 2006 (71 FR 39154).
2. NESHAP
    The NESHAP portion of this action is a revision to the regulations 
in 40 CFR part 63, subpart ZZZZ, currently applicable to stationary 
RICE greater than 500 HP located at major sources, which were 
promulgated in 2004. When the subpart ZZZZ of 40 CFR part 63 
regulations were promulgated in 2004 (69 FR 33474), EPA deferred 
promulgating regulations with respect to stationary engines 500 HP or 
less at major sources until further information on the engines could be 
obtained and analyzed. It was decided to regulate these smaller engines 
at the same time as EPA regulates engines located at area sources.
    This action revises 40 CFR part 63, subpart ZZZZ, in order to 
address HAP emissions from new and reconstructed stationary RICE less 
than or equal to 500 HP located at major sources and new and 
reconstructed stationary RICE located at area sources. For stationary 
engines less than or equal to 500 HP at major sources, EPA must 
determine what is the appropriate MACT for those engines under section 
112(d)(3) of the CAA.
    For stationary engines located at area sources, EPA has the 
flexibility to promulgate standards based on GACT under CAA section 
112(d)(5). EPA listed stationary RICE located at area sources under 
sections 112(c)(3) and 112(k) of the CAA, and consistent with section 
112(c)(3) is establishing standards for the source category in this 
final rule. The criteria relevant to EPA's listing of this area source 
category is set forth in the Urban Air Toxics Strategy described in the 
paragraph below.
    On July 19, 1999, EPA announced in the Federal Register its plan 
for addressing exposure to air toxics in urban areas. The strategy 
addressed sections 112(c)(3) and 112(k)(3)(B)(ii) of the CAA that 
instruct EPA to identify not less than 30 HAP which, as the result of 
emissions from area sources, present the greatest threat to public 
health in the largest number of urban areas, and to list sufficient 
area source categories or subcategories to ensure that emissions 
representing 90 percent of the 30 listed HAP are subject to regulation. 
The strategy included a list of 30 HAP judged to pose the greatest 
potential threat to public health in the largest number of urban areas 
(the urban HAP). In the strategy, EPA also listed the area source 
categories that account for 90 percent of the urban HAP emissions. EPA 
listed the stationary internal combustion engine source category under 
section 112(c)(3) and (k) for the following urban HAP: 7 PAH, 
acetaldehyde, arsenic, benzene, beryllium compounds, cadmium compounds 
and formaldehyde. Pursuant to section 112(c), the listed area source 
categories shall be subject to standards under section 112(d) of the 
CAA.
3. Differentiation by Fuel Type
    The final rule differentiates between gasoline, LPG, natural gas, 
and digester and landfill gas. Gasoline and LPG are fuels more commonly 
used in nonroad engines than stationary engines. Nonroad SI engines 
less than or equal to 19 kilowatt (KW) (25 HP) typically use gasoline. 
It is estimated that about 68 percent of SI nonroad engines above 19 KW 
(25 HP) use LPG. A smaller

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percentage of nonroad SI engines above 19 KW (25 HP) use gasoline 
(about 23 percent) and even less use compressed natural gas (about 9 
percent). Natural gas fuel is more common in larger, stationary 
applications. Natural gas engines refer to all gaseous-fueled engines 
except those fueled by landfill and digester gas. Natural gas is 
primarily composed of methane and typically contains very low levels of 
sulfur. Other fuels used with stationary SI engines are landfill and 
digester gases. These gases are by-products of wastewater treatment and 
land application of municipal reuse. Landfill and digester gases, which 
are formed through anaerobic decomposition of organic materials, are 
principally comprised of methane and carbon dioxide, but small 
quantities of other compounds such as hydrogen sulfide, ammonia, 
volatile organic compounds, and particulate matter (PM) may also be 
present. Although similar in composition to natural gas, there are some 
differences in the emissions from combustion of landfill and digester 
gases due to e.g., chlorinated compounds are typically not found in 
natural gas. Both landfill and digester gases contain a family of 
silicon-based gases collectively called siloxanes. Combustion of 
siloxanes forms compounds that have been known to foul fuel systems, 
combustion chambers, and post-combustion catalysts.

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

    The pollutants to be regulated by the final NSPS for stationary SI 
engines are nitrogen oxides (NOX), carbon monoxide (CO), and 
volatile organic compounds (VOC). In addition, a sulfur limit on 
gasoline is being finalized.
    The final NESHAP regulate HAP (for areas sources, the NESHAP 
regulates the seven urban HAP listed above) through formaldehyde, CO, 
or VOC which EPA has established are appropriate surrogates for HAP 
emissions from certain engine types.

C. What are the final standards?

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

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

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

 Table 2.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Manufacturers of Stationary Non-Emergency
                   SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG Engines >19 KW (25 HP)
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                                                                                 Emission requirement in g/KW-hr
                                                                                         (g/HP-hr) a, b
             Maximum engine power                      Manufacture date        ---------------------------------
                                                                                     HC+NOX             CO
----------------------------------------------------------------------------------------------------------------
25=500 d....................................  July 1, 2007...................             2.7              4.4
                                                                                          (2.0)            (3.3)
                                               July 1, 2007...................             2.7            130.0
                                               (severe duty e)................            (2.0)           (97.0)
----------------------------------------------------------------------------------------------------------------
a You may optionally certify your engines according to the following formula instead of the standards in Table 2
  of this preamble: (HC+NOX) CO0.784<=8.57. The HC+NOX and CO emission levels you select to satisfy this
  formula, rounded to the nearest 0.1 g/KW-hr, become the emission standards that apply for those engines. You
  may not select an HC+NOX emission standard higher than 2.7 g/KW-hr or a CO emission standard higher than 20.6
  g/KW-hr.
b Provisions in 40 CFR part 1048 allow engines with a maximum engine power at or below 30 KW (40 HP) with a
  total displacement at or below 1,000 cubic centimeters (cc) to comply with the requirements of 40 CFR part 90.
c Modified and reconstructed engines between 25 and 500 HP manufactured prior to July 1, 2008, must meet the
  standards applicable to engines manufactured after July 1, 2008.
d Modified and reconstructed engines greater than or equal to 500 HP manufactured prior to July 1, 2007, must
  meet the standards applicable to engines manufactured after July 1, 2007.
e Severe-duty engines are engines used in, for example, concrete saws, concrete pumps, and similar severe
  applications where air-cooled engines must be used. There are expected to be very few, if any, severe-duty
  stationary engines.

    In addition to the emission standards shown in Table 2 of this 
preamble, there are separate field testing standards required under 40 
CFR part 1048 that are part of the certification requirements for 
engine manufacturers.
    c. Stationary Non-Emergency SI Natural Gas Engines 19X, HC, and 
CO emission standards in 40 CFR 1048.101(c), as summarized in Table 3 
of this preamble.

    Table 3.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Owners/Operators of Stationary Non-
      Emergency SI Natural Gas Engines 19=100 HP and 
Lean Burn LPG Engines >=100 HP. Owners and operators who purchase 
stationary SI engines with a maximum engine power between 100 HP and 
500 HP that are natural gas engines or lean burn engines using LPG that 
are manufactured between July 1, 2008 and January 1, 2011, must limit 
their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of 
CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr. Owners and 
operators may as an alternative limit their exhaust emissions of 
NOX to 160 parts per million by volume, dry basis (ppmvd) at 
15 percent oxygen (O2), emissions of CO to 540 ppmvd at 15 
percent O2, and emissions of VOC to 86 ppmvd at 15 percent 
O2 instead of the g/HP-hr limits.

[[Page 3573]]

    Stationary SI engines with a maximum engine power between 100 HP 
and 500 HP that are natural gas engines or lean burn engines using LPG 
that are manufactured after January 1, 2011, must limit their exhaust 
emissions of NOX to 1.0 g/HP-hr, emissions of CO to 2.0 g/
HP-hr, and emissions of VOC to 0.7 g/HP-hr. Again, owners and operators 
may as an alternative limit their exhaust emissions of NOX 
to 82 ppmvd at 15 percent O2, emissions of CO to 270 ppmvd 
at 15 percent O2, and emissions of VOC to 60 ppmvd at 15 
percent O2 instead of the g/HP-hr limits.
    Owners and operators who purchase stationary SI engines with a 
maximum engine power greater than or equal to 500 HP that are natural 
gas engines or lean burn engines using LPG that are manufactured after 
July 1, 2007, must limit their exhaust emissions of NOX to 
2.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to 
1.0 g/HP-hr, except that these standards apply to lean burn engines 
between 500 and 1,350 HP manufactured after January 1, 2008. Instead of 
complying with limits in terms of g/HP-hr, owners and operators may 
limit their exhaust emissions of NOX to 160 ppmvd at 15 
percent O2, emissions of CO to 540 ppmvd at 15 percent 
O2, and emissions of VOC to 86 ppmvd at 15 percent 
O2.
    Stationary SI engines with a maximum engine power greater than or 
equal to 500 HP that are natural gas engines or lean burn engines using 
LPG that are manufactured after July 1, 2010, must limit their exhaust 
emissions of NOX to 1.0 g/HP-hr, emissions of CO to 2.0 g/
HP-hr, and emissions of VOC to 0.7 g/HP-hr. Instead of complying with 
limits in terms of g/HP-hr, owners and operators may limit their 
exhaust emissions of NOX to 82 ppmvd at 15 percent 
O2, emissions of CO to 270 ppmvd at 15 percent 
O2, and emissions of VOC to 60 ppmvd at 15 percent 
O2.
    Engine manufacturers may voluntarily certify their stationary non-
emergency SI natural gas engines greater than or equal to 100 HP and 
lean burn LPG engines greater than or equal to 100 HP, but the 
certification is not required by the rule. Additionally, for natural 
gas engines below 500 HP manufactured prior to January 1, 2011, and 
natural gas engines greater than or equal to 500 HP manufactured prior 
to July 1, 2010, engine manufacturers may choose to certify their 
engines to the standards for non-severe duty engines in 40 CFR part 
1048 (see Table 2 of this preamble).
    A summary of the emission standards that apply to stationary non-
emergency SI natural gas engines greater than or equal to 100 HP and 
lean burn LPG engines greater than or equal to 100 HP are shown in 
Table 4 of this preamble.
    For lean burn LPG engines greater than or equal to 100 HP, 
manufacturers may certify these engines to the certification emission 
standards in 40 CFR part 1048 instead of the emission standards shown 
in Table 4 of this preamble.

 Table 4.--NOX, CO, and VOC Emission Standards for Stationary SI Engines >=100 HP (Except Gasoline and Rich Burn
           LPG), Stationary SI Landfill/Digester Gas Engines, and Stationary Emergency Engines >25 HP
----------------------------------------------------------------------------------------------------------------
                                                                              Emission standards \a\
                                                                 -----------------------------------------------
      Engine type and fuel         Maximum engine    Manufacture          g/HP-hr             ppmvd at 15% O2
                                        power            date    -----------------------------------------------
                                                                    NOX     CO      VOC     NOX     CO      VOC
----------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas     100<=HP<500.......     7/1/2008     2.0     4.0     1.0     160     540      86
 and Non-Emergency SI Lean Burn
 LPG.
                                                        1/1/2011     1.0     2.0     0.7      82     270      60
Non-Emergency SI Lean Burn       500>=HP<1,350.....     1/1/2008     2.0     4.0     1.0     160     540      86
 Natural Gas and LPG.
                                                        7/1/2010     1.0     2.0     0.7      82     270      60
Non-Emergency SI Natural Gas     HP>=500...........     7/1/2007     2.0     4.0     1.0     160     540      86
 and Non-Emergency SI Lean Burn
 LPG (except lean burn
 500>=HP<1,350).
                                 HP>=500...........     7/1/2010     1.0     2.0     0.7      82     270      60
Landfill/Digester Gas (except    HP<500............     7/1/2008     3.0     5.0     1.0     220     610      80
 lean burn 500>=HP<1,350).
                                                        1/1/2011     2.0     5.0     1.0     150     610      80
                                 HP>=500...........     7/1/2007     3.0     5.0     1.0     220     610      80
                                                        7/1/2010     2.0     5.0     1.0     150     610      80
Landfill/Digester Gas lean burn  500>=HP<1,350.....     1/1/2008     3.0     5.0     1.0     220     610      80
                                                        7/1/2010     2.0     5.0     1.0     150     610      80
Emergency......................  25>HP<130.........     1/1/2009  \b\ 10     387     N/A     N/A     N/A     N/A
                                 HP>=130...........  ...........     2.0     4.0     1.0     160     540     86
----------------------------------------------------------------------------------------------------------------
\a\ Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards
  in units of either g/HP-hr or ppmvd at 15 percent O2.
\b\ The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX+HC.

    e. Stationary SI Landfill/Digester Gas Engines. Owners and 
operators who purchase stationary landfill or digester SI engines that 
are manufactured after July 1, 2007, that are greater than or equal to 
500 HP must limit their exhaust emissions of NOX to 3.0 g/
HP-hr, emissions of CO to 5.0 g/HP-hr, and emissions of VOC to 1.0 g/
HP-hr, except that these standards apply to lean burn engines between 
500 and 1,350 HP manufactured after January 1, 2008. Instead of 
complying with limits in terms of g/HP-hr, owners and operators may 
limit their exhaust emissions of NOX to 220 ppmvd at 15 
percent O2, emissions of CO to 610 ppmvd at 15 percent 
O2, and emissions of VOC to 80 ppmvd at 15 percent 
O2.
    Stationary landfill and digester gas SI engines greater than or 
equal to 500 HP that are manufactured after July 1, 2010, must limit 
their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of 
CO to 5.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-hr. Instead of 
complying with limits in terms of g/HP-hr, owners and operators may 
limit their exhaust emissions of NOX to 150 ppmvd at 15 
percent O2, emissions of CO to 610 ppmvd at 15 percent 
O2, and emissions of VOC to 80 ppmvd at 15 percent 
O2.

[[Page 3574]]

    Stationary SI engines that use landfill or digester gas that are 
less than 500 HP are given an extra 12 months to comply with the 
standards. The first stage of limits of 3.0, 5.0, and 1.0 g/HP-hr, for 
NOX, CO, and VOC, respectively (or 220, 610, and 80 ppmvd at 
15 percent O2), applies to landfill and digester gas engines 
manufactured after July 1, 2008. The second stage of limits of 2.0, 
5.0, and 1.0 g/HP-hr, for NOX, CO, and VOC, respectively (or 
150, 610, and 80 ppmvd at 15 percent O2), applies to 
landfill and digester gas engines manufactured after January 1, 2011. 
The emission standards applicable to stationary SI landfill and 
digester gas engines are shown in Table 4 of this preamble.
    Engine manufacturers may voluntarily certify their stationary SI 
landfill and digester gas engines to the emission standards in Table 4 
of this preamble, but the certification is not required by the final 
rule.
    f. Stationary Emergency SI Engines >19 KW (25 HP). For stationary 
SI engines greater than 25 HP that are emergency engines, the final 
rule sets a single stage of emission limits; however, EPA has 
determined that it is appropriate to have separate standards for 
stationary emergency engines above and below 130 HP.
    Owners and operators who purchase stationary emergency engines 
greater than 25 HP and less than 130 HP that are manufactured after 
January 1, 2009, must limit their exhaust emissions of 
HC+NOX to 10.0 g/HP-hr and emissions of CO to 387 g/HP-hr. 
These standards are consistent with the Phase I emission standards for 
Class II nonroad engines in 40 CFR part 90.
    Owners and operators who purchase stationary emergency engines 
greater than or equal to 130 HP that are manufactured after January 1, 
2009, must limit their exhaust emissions of NOX to 2.0 g/HP-
hr, emissions of CO to 4.0 g/HP-hr, and emissions of VOC to 1.0 g/HP-
hr. Instead of complying with limits in terms of g/HP-hr, owners and 
operators may limit the exhaust emissions from their emergency engines 
to 160 ppmvd of NOX at 15 percent O2, 540 ppmvd 
of CO at 15 percent O2, and 86 ppmvd of VOC at 15 percent 
O2.
    Engine manufacturers may voluntarily certify their stationary 
emergency SI engines greater than 25 HP, but the certification is not 
required by the rule, except for manufacturers of gasoline or LPG rich 
burn emergency engines, who must certify their engines to the standards 
in 40 CFR part 90 (for engines below 130 HP) or 40 CFR part 1048 (for 
engines at or above 130 HP--see Table 2 of this preamble).
    g. Fuel Requirements. In addition to emission standards, the final 
rule requires that owners and operators who use gasoline in their 
stationary SI engine must use gasoline that meets the requirements of 
40 CFR 80.195. The requirements include a gasoline sulfur per gallon 
cap of 80 parts per million (ppm).
2. NESHAP
    a. Engines <=500 HP at Major Sources. Owners and operators of new 
and reconstructed stationary SI engines with a site rating of equal to 
or less than 500 HP located at a major source of HAP emissions (except 
new or reconstructed 4-stroke lean burn (4SLB) stationary RICE with a 
site rating of greater than or equal to 250 and less than or equal to 
500 brake HP located at major source of HAP emissions), must meet the 
requirements of the final SI NSPS (40 CFR part 60, subpart JJJJ). Thus, 
if the owners and operators are in compliance with 40 CFR part 60, 
subpart JJJJ, they would also be in compliance with 40 CFR part 63, 
subpart ZZZZ, for engines equal to or less than 500 HP located at a 
major source (except for 4SLB engines greater than or equal to 250 and 
less than or equal to 500 brake HP located at a major source). The 
requirements that apply under 40 CFR part 60, subpart JJJJ, were 
discussed in the previous section of this preamble.
    Similarly, owners and operators of new and reconstructed stationary 
CI engines with a site rating of equal to or less than 500 HP located 
at a major source of HAP emissions must meet the requirements of the 
final CI NSPS (40 CFR part 60, subpart IIII). If the owners and 
operators are in compliance with 40 CFR part 60, subpart IIII, they 
would also be in compliance with 40 CFR part 63, subpart ZZZZ, for 
engines equal to or less than 500 HP located at a major source.
    Owners and operators of new or reconstructed 4SLB SI stationary 
engines with a site rating of greater than or equal to 250 and less 
than or equal to 500 brake HP located at a major source are required to 
either reduce CO emissions by 93 percent or more, or limit the 
concentration of formaldehyde in the stationary engine exhaust to 14 
ppmvd or less, at 15 percent O2. These engines would also be 
required to meet the requirements in the final SI NSPS, but do not have 
to comply with the CO emission standards of the SI NSPS if in 
compliance with the NESHAP.
    b. Engines at Area Sources. Owners and operators of new and 
reconstructed stationary engines located at area sources of HAP 
emissions must meet the requirements of the final CI NSPS (40 CFR part 
60, subpart IIII) or SI NSPS (40 CFR part 60, subpart JJJJ), as 
appropriate. If the owners and operators are in compliance with either 
40 CFR part 60, subpart IIII or JJJJ, as appropriate, they would also 
be in compliance with 40 CFR part 63, subpart ZZZZ, for new and 
reconstructed engines located at an area source.

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

1. SI NSPS
    The final standards apply to stationary SI engines subject to the 
SI NSPS that are modified or reconstructed after June 12, 2006. The 
definitions for modification and reconstruction are given in 40 CFR 
60.14 and 40 CFR 60.15, respectively. A stationary engine that is 
overhauled as part of a maintenance program is not considered a 
modification if there is no increase in emissions.
    Stationary SI ICE less than or equal to 19 KW (25 HP) manufactured 
prior to July 1, 2008, that are modified or reconstructed after June 
12, 2006, are required to meet the standards that apply to engines 
manufactured after July 1, 2008 (January 1, 2009 for emergency 
engines).
    Stationary SI gasoline and rich burn LPG engines between 25 HP and 
500 HP manufactured prior to July 1, 2008, that are modified or 
reconstructed after June 12, 2006, are required to meet the standards 
applicable to engines manufactured after July 1, 2008 (January 1, 2009 
for emergency engines).
    Stationary SI natural gas and lean burn LPG engines greater than 25 
HP and less than 100 HP manufactured prior to July 1, 2008, that are 
modified or reconstructed after June 12, 2006, are required to meet the 
NOX, HC, and CO emission standards in 40 CFR 1048.101(c), as 
summarized in Table 3 of this preamble.
    Stationary SI gasoline and rich burn LPG engines greater than or 
equal to 500 HP manufactured prior to July 1, 2007, that are modified 
or reconstructed after June 12, 2006, are required to meet the 
standards applicable to engines manufactured after July 1, 2007.
    Stationary SI natural gas and lean burn LPG engines greater than or 
equal to 100 HP and less than 500 HP manufactured prior to July 1, 
2008, that are modified or reconstructed after June 12, 2006, are 
required to meet a NOX emission standard of 3.0 g/HP-hr, a 
CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Instead 
of meeting emission standards in terms of

[[Page 3575]]

g/HP-hr, owners and operators may meet NOX, CO, and VOC 
emission standards of 250, 540, and 86 ppmvd at 15 percent 
O2, respectively.
    Stationary non-emergency SI natural gas and lean burn LPG engines 
greater than or equal to 500 HP manufactured prior to July 1, 2007, (or 
January 1, 2008, for lean burn natural gas engines greater than or 
equal to 500 HP and less than 1,350 HP) that are modified after June 
12, 2006, are required to meet a NOX emission standard of 
3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a VOC standard of 1.0 g/
HP-hr. Again, instead of meeting emission standards in terms of g/HP-
hr, owners and operators may meet NOX, CO, and VOC emission 
standards of 250, 540, and 86 ppmvd at 15 percent O2, 
respectively.
    Stationary SI landfill and digester gas engines less than 500 HP 
manufactured prior to July 1, 2008, that are modified or reconstructed 
after June 12, 2006, are required to meet a NOX emission 
standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a VOC 
standard of 1.0 g/HP-hr.
    Stationary SI landfill and digester gas engines greater than or 
equal to 500 HP manufactured prior to July 1, 2007, that are modified 
after June 12, 2006, are required to meet a NOX emission 
standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a VOC 
standard of 1.0 g/HP-hr. For all modified and reconstructed SI landfill 
and digester gas engines, instead of meeting emission standards in 
terms of g/HP-hr, owners and operators may meet NOX, CO, and 
VOC emission standards of 220, 610, and 80 ppmvd at 15 percent 
O2.
    Stationary SI emergency engines greater than or equal to 130 HP 
manufactured prior to January 1, 2009, that are modified or 
reconstructed after June 12, 2006, are required to meet a 
NOX emission standard of 3.0 g/HP-hr, a CO standard of 4.0 
g/HP-hr, and a VOC standard of 1.0 g/HP-hr. Instead of meeting emission 
standards in terms of g/HP-hr, owners and operators may meet 
NOX, CO, and VOC emission standards of 250, 540, and 86 
ppmvd at 15 percent O2. Stationary SI emergency engines 
between 25 HP and 130 HP manufactured prior to January 1, 2009, that 
are modified or reconstructed after June 12, 2006, are required to meet 
a HC+NOX emission standard of 10.0 g/HP-hr and a CO standard 
of 387 g/HP-hr.
2. NESHAP
    Similar concepts as those discussed above apply to engines subject 
to 40 CFR part 63 regulations; however, the concept of modification is 
not included in 40 CFR part 63. The final standards apply to stationary 
engines subject to the NESHAP that commence reconstruction on or after 
June 12, 2006, and the reconstruction criteria are provided in 40 CFR 
63.2.

E. What are the requirements for demonstrating compliance?

    The following sections describe the requirements for demonstrating 
compliance under the stationary SI NSPS and NESHAP.
1. SI NSPS
    Owners and operators subject to the emission standards specified in 
the final rule who use stationary SI engines with a maximum engine 
power of less than or equal to 19 KW (25 HP) or who use stationary SI 
engines with a maximum engine power greater than 19 KW (25 HP) and use 
gasoline or are rich burn engines greater than 19 KW (25 HP) using LPG 
must demonstrate compliance by using an engine certified to the 
emission standards specified in 40 CFR part 90 or 1048, as applicable.
    Owners and operators subject to the final rule who use stationary 
SI engines with a maximum engine power greater than 19 KW (25 HP) that 
use fuels other than gasoline and that are not rich burn engines 
greater than 19 KW (25 HP) that use LPG, must demonstrate compliance by 
either using an engine certified to the emission standards specified in 
Tables 3 or 4 of this preamble, as applicable, or by conducting an 
initial performance test (and potentially subsequent performance 
testing depending on the engine size) to demonstrate compliance with 
the emission standards.
    Owners and operators of all stationary engines subject to the 
requirements of the SI NSPS must keep records of maintenance conducted 
on the engine. Owners and operators of stationary non-certified 
engines, which include certified engines operating in a non-certified 
manner, must keep a maintenance plan. Owners and operators of certified 
engines may demonstrate compliance by operating and maintaining their 
stationary engine and aftertreatment control device (if any) according 
to the manufacturer's emission-related written instructions and do not 
have to conduct any performance testing.
    Owners and operators of certified engines who do not follow the 
manufacturer's emission-related operation and maintenance procedures 
will be considered non-certified engines and will be subject to 
performance testing. Certified engines operating in a non-certified 
manner that are less than 100 HP do not have to conduct performance 
testing to demonstrate compliance. Certified engines operating in a 
non-certified manner that are greater than or equal to 100 HP and less 
than or equal to 500 HP, however, must conduct an initial performance 
test within the first year of engine operation to demonstrate 
compliance with the emission standards. Finally, certified engines 
operating in a non-certified manner that are greater than 500 HP must 
conduct a performance test within the first year of operation and every 
8,760 hours of operation or 3 years thereafter to demonstrate 
compliance. Owners and operators of engines that have never been 
certified that are greater than 25 HP and less than or equal to 500 HP 
must conduct an initial performance test to demonstrate compliance with 
the emission standards. As mentioned, all engines are subject to 
recordkeeping of maintenance, which includes these engines. Owners and 
operators of engines that have never been certified that are greater 
than 500 HP must conduct an initial performance test to demonstrate 
compliance and must test every 8,760 hours of operation or 3 years 
after that.
    Manufacturers of stationary SI engines required to certify their 
engines must demonstrate compliance by certifying that their stationary 
SI engines meet the emission standards, as specified in 40 CFR part 60, 
subpart JJJJ, as applicable, using the certification procedures in 
subpart B of 40 CFR part 90 or subpart C of 40 CFR part 1048, as 
applicable, and must test their engines as specified in those parts. 
Manufacturers who conduct voluntary certification must follow the same 
test procedures that apply to large SI nonroad engines under 40 CFR 
part 1048, but must use the D-1 cycle in International Organization for 
Standardization (ISO) 8178-4: 1996(E) for stationary engines or the 
test cycle requirements specified in Table 5 to 40 CFR 1048.505, except 
that Table 5 to 40 CFR 1048.505 applies to high load engines only.
    Manufacturers who opt to voluntarily certify their stationary SI 
engines to the emission standards specified in this subpart must 
certify their engines using fuel that meets the definition of pipeline-
quality natural gas, which according to the definition must be composed 
of at least 70 percent methane by volume or have a gross calorific 
value between 950 and 1,100 British thermal units per standard cubic 
foot.
    If the manufacturer chooses to certify its stationary SI engines to 
another fuel, the manufacturer must specify the properties of that fuel 
and what adjustments the owner or operator must make to the engine 
during installation in the field in order to meet the

[[Page 3576]]

emission standards. The manufacturer must also perform certification 
testing on the engine on that fuel, as it would if it was certifying to 
pipeline-quality natural gas, in order to assure compliance with the 
emission standards. Manufacturers who conduct voluntary certification 
of stationary SI ICE must also provide instructions to the owner and 
operator for configuring the stationary engine to meet the emission 
standards on fuels that meet the pipeline-quality natural gas 
specifications and fuels that do not meet the pipeline-quality natural 
gas specifications. The manufacturer must provide information to the 
owner and operator of the certified stationary SI engine regarding the 
particular fuels to which the engine is certified, and instructions 
regarding configuring the engine in a manner most appropriate for 
reducing pollutant emissions for engines operating on such fuels.
    EPA allows owners and operators of natural gas engines to use 
propane as back up fuel for emergency purposes for no more than 100 
hours per year. If propane is used for more than 100 hours per year in 
an engine that is not certified to the emission standards when using 
propane, the owners and operators are required to conduct a performance 
test to demonstrate compliance with the emission standards.
    Owners and operators that operate engines that have been certified 
by the engine manufacturer are not required to perform any performance 
testing unless the engine is operated outside of the fuel properties or 
emission-related operation and maintenance procedures specified by the 
manufacturer. If the owner or operator uses fuels that are outside of 
the fuel specifications or does not follow the emission-related 
adjustments or maintenance requirements specified by the manufacturer, 
the engine is no longer considered a certified engine and the owner or 
operator must test the engine to demonstrate compliance.
    Regarding stationary rich burn engines operating with three-way 
catalysts or non-selective catalytic reduction, EPA expects that air-
to-fuel ratio controllers will be used in conjunction with the control 
device. The AFR controller must be operated in an appropriate manner to 
ensure proper operation of the engine and control device in order to 
minimize emissions.
2. NESHAP
    For most engines (i.e. except those discussed in the following 
paragraph), owners and operators of new and reconstructed stationary SI 
RICE equal to or less than 500 HP located at a major source of HAP 
emissions and stationary RICE located at an area source, will be able 
to demonstrate compliance with the NESHAP if they meet the requirements 
of the final SI NSPS (40 CFR part 60, subpart JJJJ). Similarly, owners 
and operators of new and reconstructed stationary CI engines with a 
site rating of equal to or less than 500 HP located at a major source 
of HAP emissions, will be able to demonstrate compliance with the 
NESHAP if they meet the requirements of the final CI NSPS (40 CFR part 
60, subpart IIII). If the owners and operators are in compliance with 
40 CFR part 60, subpart JJJJ or IIII, as applicable, they will also be 
in compliance with 40 CFR part 63, subpart ZZZZ, for engines equal to 
or less than 500 HP located at a major source. The compliance 
requirements that apply under 40 CFR part 60, subpart JJJJ, were 
discussed in the previous section. For the majority of stationary CI 
engines, all that is required under 40 CFR part 60, subpart IIII, is 
that the owner or operator purchase a certified stationary CI engine 
and operate it properly and according to the manufacturer's 
specifications.
    Owners and operators of new or reconstructed 4SLB stationary RICE 
greater than or equal to 250 HP and less than or equal to 500 brake HP 
located at major source are required to follow the compliance 
requirements specified in 40 CFR part 63, subpart ZZZZ, consistent with 
the compliance requirements for 4SLB stationary RICE greater than 500 
HP located at a major source. Those compliance requirements include 
demonstrating compliance by conducting an initial performance test. 
These engines must also conduct a subsequent performance test 
semiannually if they are complying with the requirement to reduce CO 
emissions and not using a continuous emissions monitoring system, and 
if they are complying with the requirement to limit the concentration 
of formaldehyde in the stationary engine exhaust. Under the NESHAP, 
these engines must either reduce CO emissions or limit the 
concentration of formaldehyde. In addition, these engines would be 
required to meet the requirements in the final SI NSPS. However, these 
engines do not have to comply with the CO emission standards of the SI 
NSPS if in compliance with the NESHAP.

F. What are the reporting and recordkeeping requirements?

    The following sections describe the reporting and recordkeeping 
requirements that are required under the SI NSPS and the NESHAP.
1. SI NSPS
    Owners and operators of all engines (certified and non-certified) 
are required to maintain records of proper maintenance and non-
certified engines must keep a maintenance plan. An initial notification 
is required for owners and operators of engines greater than 500 HP 
that are non-certified. Also, owners and operators who conduct 
performance testing are required to report the test results within 60 
days of each performance test.
    Owners and operators of emergency engines are required to keep 
records of their hours of operation. For emergency engines greater than 
or equal to 130 HP, this requirement starts for engines manufactured 
after the point when more stringent emission standards take effect for 
non-emergency engines, either in July 2010 or January 2011, depending 
on the power rating of the engine. For emergency engines below 130 HP, 
the requirement to keep records of the hours of operation begins for 
all engines manufactured after January 1, 2009. Owners and operators of 
emergency engines must install a non-resettable hour meter on their 
engines to record the necessary information. Emergency stationary 
engines may be operated for the purpose of maintenance checks and 
readiness testing, provided that the tests are recommended by the 
Federal, State or local government, the manufacturer, the vendor, or 
the insurance company associated with the engine. Maintenance checks 
and readiness testing of such units is limited to 100 hours per year. 
Owners and operators can petition the Administrator for additional 
hours, beyond the allowed 100 hours per year, if such additional hours 
should prove to be necessary for maintenance and testing reasons. A 
petition is not required if the hours beyond 100 hours per year for 
maintenance and testing purposes are mandated by regulation such as 
State or local requirements. There is no time limit on the use of 
emergency stationary engines in emergency situations, however, the 
owner or operator is required to record the length of operation and the 
reason the engine was in operation during that time. Records must be 
maintained documenting why the engine was operating to ensure the 100 
hours per year limit for maintenance and testing operation is not 
exceeded. In addition, owners and operators are allowed to operate 
their emergency engines for non-emergency purposes for 50 hours per 
year, but those 50 hours are counted towards the total 100 hours 
provided for operation other than for true emergencies and owners and 
operators

[[Page 3577]]

may not engage in income-generating activities during those 50 hours. 
The 50 hours per year for non-emergency purposes cannot be used to 
generate income for a facility, for example, to supply power to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity.
2. NESHAP
    In general, owners and operators of new and reconstructed 
stationary RICE equal to or less than 500 HP located at a major source 
of HAP emissions and stationary RICE located at an area source of HAP 
emissions, will be able to demonstrate compliance with the NESHAP if 
they meet the requirements of the final SI NSPS (40 CFR part 60, 
subpart JJJJ) or the final CI NSPS (40 CFR part 60, subpart IIII), as 
appropriate, which includes reporting and recordkeeping requirements. 
The reporting and recordkeeping requirements that would apply to 
stationary RICE were discussed in the previous section of this preamble 
and in the preamble to the final CI NSPS (71 FR 39154). No additional 
reporting and recordkeeping requirements are required under the 40 CFR 
part 63.
    Owners and operators of new or reconstructed 4SLB stationary RICE 
greater than or equal to 250 and less than or equal to 500 brake HP 
located at major source are required to meet the reporting and 
recordkeeping requirements specified in 40 CFR part 63, subpart ZZZZ, 
consistent with the compliance requirements for 4SLB stationary RICE 
greater than 500 HP located at a major source. The recordkeeping and 
reporting requirements that apply to these engines were discussed in 
the preamble to the final RICE NESHAP (69 FR 33473).

IV. 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 preamble to the proposed rule is not repeated in the final rule, 
and the rationale sections of the rule, as proposed, should be referred 
to. Major 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. Compliance Dates

    In the final rule, EPA has extended the compliance dates for all 
stationary SI ICE that had a compliance date of January 1, 2008, in the 
proposal, by 6 months. These engines have a compliance date of July 1, 
2008. In addition, stationary SI lean burn engines between 500 and 
1,350 HP that had a compliance date of July 1, 2007, in the proposed 
rule, have also been provided with an additional 6 months, i.e., these 
engines have a compliance date of January 1, 2008.

B. Distinguishing Sources Based on Size

    In the final rule, based on the comments received, EPA is adopting 
a size threshold of 100 HP for non-emergency stationary SI engines to 
meet nonroad emission standards. That is, non-emergency stationary SI 
engines less than 100 HP are subject to the nonroad emission standards 
in 40 CFR part 90 (if less than or equal to 25 HP) or 40 CFR part 1048 
(if greater than 25 HP). Certification to 40 CFR part 1048 is voluntary 
for all stationary SI engines except gasoline and rich burn LPG 
engines. Stationary SI engines greater than or equal to 100 HP (except 
gasoline and rich burn LPG) are subject to the emission standards 
specified in part 60 subpart JJJJ, as shown in Table 4 of this 
preamble. Stationary SI lean burn LPG engines have the option of 
meeting 40 CFR part 1048 instead of the emission standards specified in 
this subpart. EPA has also provided some flexibility on the initial 
years of the program for manufacturers to certify to standards in 
either 40 CFR part 1048 or as shown in Table 4 of this preamble.

C. Hydrocarbon Limit

    EPA proposed emission limits for NOX, CO, and NMHC. In 
the final rule, EPA is adopting a VOC limit in place of the proposed 
NMHC limit. The stage 1 and stage 2 emission standards remain as 
proposed at 1.0 g/HP-hr and 0.7 g/HP-hr, but the standards are for VOC. 
EPA has defined VOC according to 40 CFR part 51, and has noted that 
emissions of formaldehyde should not be counted for testing purposes. 
That is, the final stage 1 and stage 2 emission limits for VOC 
effectively do not include ethane, methane, and formaldehyde. 
Formaldehyde was excluded because it cannot be measured by the testing 
method used to determine the standard; however, EPA expects 
formaldehyde emissions to be reduced using the emission controls 
expected for other hydrocarbons and CO. Therefore, we expect 
formaldehyde emissions to be reduced comparably to VOCs and CO, which 
are used as a surrogate for formaldehyde for the purposes of section 
112.

D. Alternative Limits in Concentration Units

    EPA proposed NOX, CO, and NMHC emission limits in terms 
of exhaust-based units. Based on various comments and concerns with 
finalizing emission standards in terms of these units, EPA finds it 
appropriate to include alternative concentration-based emission limits 
in the final rule. The concentration-based emission limits, provided in 
terms of ppmvd at 15 percent O2, are equivalent to the g/HP-
hr emission limits. The owners and operators may choose if they wish to 
comply with the g/HP-hr standards or the ppmvd standards.

E. Emergency Engine Standards

    For stationary emergency engines, EPA proposed that these engines 
meet emissions standards of 2.0, 4.0, and 1.0 g/HP-hr for 
NOX, CO, and NMHC, respectively, for all emergency engines. 
In the final rule, stationary emergency engines between 25 and 130 HP 
are subject to emission standards of reduced stringency of 10 g/HP-hr 
for NOX+HC and 387 g/HP-hr for CO. Stationary emergency 
engines greater than or equal to 130 HP are subject to the emission 
standards as proposed. Stationary emergency engines less than or equal 
to 25 HP are subject to the emission standards in 40 CFR part 90.

F. Emergency Engine Definition

    In the final rule, EPA has retained the proposed definition of 
stationary emergency engine, except that stationary engines greater 
than 500 HP located at major sources that were built prior to the 
proposal date of this rule (June 12, 2006), are subject to the 
emergency engine definition as finalized in 40 CFR part 60, subpart 
ZZZZ, on June 15, 2004. All stationary engines built after the date of 
proposal of this rule are subject to the new definition of stationary 
emergency engine and are limited to 100 hours per year of maintenance 
and readiness testing. There is no limit on the time allowed for 
emergency operation. Stationary emergency engines may be operated for 
non-emergency purposes for up to 50 hours per year, but those 50 hours 
are counted towards the 100 hours per year allowed for maintenance and 
readiness testing. The 50 hours per year for non-emergency purposes 
cannot be used for peak shaving or to generate income for a facility to 
supply power to an electric grid or otherwise supply power as part of a 
financial arrangement with another entity.

[[Page 3578]]

G. Manufacturer O&M Requirements

    The proposed rule required that owners and operators operate and 
maintain their stationary SI internal combustion engine and control 
device according to the manufacturer's written instructions or 
procedures developed by the owner or operator that are approved by the 
engine manufacturer. The final rule does not require that owners and 
operators follow the manufacturer's instructions. Owners and operators 
who operate and maintain their certified stationary ICE and control 
device according to the manufacturer's emission-related guidelines are 
required to keeping records of conducted maintenance and do not have 
any performance testing requirements under the final rule.
    Owners and operators who operate their certified stationary ICE and 
control device in a manner that is inconsistent with the manufacturer's 
emission-related guidelines are considered non-certified engines and 
must keep a maintenance plan, records of conducted maintenance, and 
must conduct performance testing under the final rule if the engine is 
greater than or equal to 100 HP. Owners and operators of stationary ICE 
that have never been certified must keep a maintenance plan, records of 
conducted maintenance, and must conduct performance testing for all 
size engines.

H. Streamlined Compliance Requirements

    In the final NESHAP, EPA has included a provision that states that 
owners and operators of new and reconstructed stationary engines less 
than 500 HP located at major sources and new and reconstructed 
stationary engines located at area sources (except stationary 4SLB 
engines between 250 and 500 HP) will be in compliance with the NESHAP 
requirements if they meet the requirements of the SI NSPS (40 CFR part 
60, subpart JJJJ) or the CI NSPS (40 CFR part 60, subpart IIII), as 
applicable.

V. 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. Compliance Dates

    Comment: Several commenters stated that more time is needed to 
comply with the final rule for owners, operators, and manufacturers. 
Two commenters said that because there are no existing Federal 
requirements affecting the vast majority of stationary SI engines and 
due to the complexity of the regulation, more time is needed to develop 
the testing and compliance systems for the proposed requirements. Also, 
two commenters added, that the first compliance date of July 1, 2007, 
actually occurs prior to the anticipated publication date of the final 
rule. One commenter expressed that such a regulatory mandate is 
impractical and unworkable considering the uncertainty of the final 
regulatory requirements. One commenter believes that an implementation 
date of January 1, 2008, is unreasonable. This commenter believes that 
the engine control technology requires significant changes to meet the 
proposed standards and recommended the implementation date be January 
1, 2009, to allow proper development and application time. This 
commenter explained that a minimum of 12 months is required for 
manufacturer development and testing such as catalyst configuration 
changes and component specification for additional engines and fuel 
types not certified to 40 CFR part 1048. In addition, any deterioration 
factor service accumulation time required will take 6 months to 
complete, according to one commenter. Once the development of the 
systems are complete, this commenter said that it will take 
manufacturers a minimum of 6 months to apply, or ``roll out,'' this 
technology to the equipment manufacturer base. The commenter bases this 
comment on the experience in implementing the large SI nonroad engine 
regulations (40 CFR part 1048), which began implementation in January 
of 2004. One commenter requested that the initial compliance dates be 
delayed 9 months from the proposed compliance dates. Another commenter 
recommended that the initial compliance dates be delayed until at least 
6 to 9 months following publication of the final rule in the Federal 
Register. Sufficient lead time is required not only for manufacturers, 
but also to allow the many thousands of owners/operators affected by 
the regulation to be notified and educated regarding the rule's 
requirements, according to a commenter. Finally, commenter 154 said 
that subsequent compliance dates also should be delayed by the same 
amount to assure that the requisite leadtime and stability periods are 
preserved for manufacturers.
    Response: Based on comments received on the proposed compliance 
dates as summarized in the above comment and on various discussions 
post-proposal with engine manufacturers, EPA agrees that it is 
appropriate to extend the proposed compliance date of January 1, 2008, 
that affected a variety of different engines, many of which are subject 
to mandatory certification. In the final rule, EPA has provided an 
additional 6 months for engines that had a compliance date of January 
1, 2008 in the proposal. The compliance date in the final rule is July 
1, 2008, for engines less than 500 HP. EPA believes that July 1, 2008, 
will accommodate engine manufacturers and that 6 months will be 
sufficient lead-time for both owners/operators and manufacturers. In 
particular, EPA believes July 1, 2008, will provide manufacturers 
enough time to prepare and complete the certification of new engines. 
Although the technology already exists for reducing emissions to the 
level required in the rule, an appropriate amount of time should be 
provided in order to make the necessary arrangements for engine 
manufacturers to obtain certification of their products and otherwise 
assist affected parties prepare for the new standards. EPA's approach 
is similar to the approach taken in the CI NSPS where sources were 
required to comply before the final rule was issued, but some time was 
provided prior to the requirement for mandatory certification. Sections 
111 and 112 of the CAA define new engines to be all engines for which 
construction is commenced following the date of the proposal and it is 
routine for sources that commenced construction prior to the final rule 
to be subject to standards under these provisions. Also note that the 
certification program for large SI engines is voluntary so 
manufacturers are not being forced to certify engines by those dates. 
Only engines that are 25 HP or smaller or are gasoline or rich burn 
LPG-fueled, which are directly related to nonroad engines that are 
already subject to certification requirements and are also generally 
smaller than 500 HP, must certify. This is one reason why EPA does not 
believe that it is necessary to include additional lead-time for large 
engines (i.e., those above 500 HP) and the compliance date remains as 
proposed for these engines, i.e., July 1, 2007, with the exception that 
EPA has granted a delay for certain engines until January 1, 2008, 
which EPA discusses below.
    Regarding the comparison with the large SI nonroad engine rule, EPA 
notes that the proposal for that rule was published in October 2001, 
over 2 years from initiation of a mandatory certification program. EPA 
believes that the compliance dates provide adequate time for 
manufacturers of engines and

[[Page 3579]]

owners/operators to make the necessary preparations and adjustments to 
develop engines that comply with the emission standards. Additional 
lead-time has been provided for certain engines, as discussed above, as 
well as emergency engines. EPA has also provided additional lead-time 
in order to meet the Stage 2 emission standards. With that said, EPA 
notes that in the final rule that it has provided lean burn engines in 
the size range of 500 HP or greater to less than 1,350 HP additional 
lead-time. Engine manufacturers have indicated that it would be 
problematic to meet the proposed compliance date. EPA believes that 
providing engine manufacturers with a later compliance date will make 
it possible to complete necessary development and implementation work 
necessary in order to prepare these engines for compliance. More 
information on this topic can be found in the docket to this 
rulemaking.

B. Final Hydrocarbon Emission Limits

    Comment: Several commenters expressed some concerns with the 
proposed non-methane hydrocarbons (NMHC) emission standards. One 
commenter initially recommended a 1.0 g/HP-hr NMHC emissions limit as 
being technically achievable for most engine applications. However, 
several engine manufacturers have clarified that the information 
submitted to EPA regarding achievable NMHC numbers did not include 
aldehydes and other oxygenated hydrocarbon compounds in the totals. 
Three commenters recommended that NMHC limitations exclude aldehydes 
and other oxygenated HC. One commenter said that if the standard 
includes aldehydes, then the emission standard of 1.0 g/HP-hr is not 
achievable for most engines, since the initial recommendation the 
commenter submitted was based on excluding aldehydes from the NMHC 
totals.
    Three commenters requested that ethane be excluded from the 
calculation of NMHC. They argue that ethane is not a VOC under 40 CFR 
51.100(s)(1) and they say that ethane does not contribute to ozone 
formation. The commenters also noted that natural gases with a relative 
high content of ethane are primarily present in the western part of the 
U.S. and commenter 139 provides information indicating that engines are 
not able to meet the NMHC standards when using natural gas that is high 
in ethane. Two commenters recommended that EPA examine alternative 
standards, indices, and testing methods for hydrocarbon emissions. 
Three commenters said that the parameter to be used for natural gas 
fueled engines should exclude methane and ethane and have suitable 
measurement techniques that are applicable in both factory and field 
tests. One commenter said, if EPA decides to retain NMHC as the 
appropriate parameter, then at a minimum, the level of the proposed 
standards needs to be raised or clarification made that the measured HC 
do not include aldehydes.
    Three commenters recommended that if the NSPS includes an emission 
limit for HC species, the limit should be for VOC (or non-methane non-
ethane (NMNEHC)) and not NMHC. Three commenters stated that VOC, not 
NMHC, are the National Ambient Air Quality Standards (NAAQS) pollutant 
regulated as an ozone precursor for stationary sources. The commenters 
believe that most available data are reported as VOC rather than NMHC, 
and owners/operators are very limited in their ability to assess 
whether the data indicate that the proposed NMHC standard is achievable 
for field performance tests. The commenters also believe that before 
regulating NMHC for stationary engines, EPA should complete an analysis 
to identify the potential benefit and cost of regulating ethane or 
using NMHC as a surrogate for VOC for gas-fired engines, and ensure 
that emissions data from field tests are available to substantiate the 
basis for the standard.
    Several commenters also expressed concern over the proposed test 
methods for measuring NMHC. Commenters believe that the emissions test 
methods should be consistent with the included hydrocarbon species, and 
EPA Method 25 of 40 CFR part 60, Appendix A, should not be used for 
determination of NMHC or VOC. The commenters support their claim by 
saying that NMHC emissions are defined as THC emissions less methane 
emissions. However, this definition needs further clarification to 
exclude formaldehyde and oxygenates, because the emissions information 
provided by manufacturers that serves as the basis of the standard does 
NOT include aldehydes or other oxygenated HC. Non-methane hydrocarbon 
measurements are typically conducted using a flame ionization detector 
(FID) to measure THC and a FID or gas chromatography method to measure 
methane. EPA Method 25A of 40 CFR part 60, Appendix A, uses a 
continuous FID analyzer to measure exhaust gas THC. Method 18 separates 
CH4 (methane) from other exhaust gas species with a gas 
chromatograph, and quantifies the methane with an appropriate detector. 
Method 18 of 40 CFR part 60, Appendix A, allows exhaust gas to be 
collected in a bag or continuously sampled. A flame ionization detector 
poorly quantifies oxygenated hydrocarbon species. Formaldehyde, and to 
a lesser extent acetaldehyde, methanol, and acrolein, have been 
measured in natural gas-fired engine exhaust. The commenters agree with 
EPA's conclusion that NMHC test methods are simpler and less costly to 
implement than formaldehyde test methods and that NMHC testing will 
reduce the testing burden while maintaining emissions compliance 
assurance. Recognizing that measuring NMHC with a FID does not directly 
measure formaldehyde and that the emission limits are based on 
manufacturer data that do not include formaldehyde and other 
oxygenates, it is important to understand that NMHC is used as a 
formaldehyde surrogate, but NMHC, the regulated pollutant, does NOT 
include formaldehyde under this standard. Thus, it is only appropriate 
to allow test methods that do NOT measure formaldehyde or other 
oxygenated hydrocarbons; therefore, EPA Method 25 should be excluded 
from the final rule.
    Response: We agree that the composition of certain western gas 
(i.e. the high concentration of ethane) may make compliance with an 
NMHC standard more difficult in some cases. As the proposed NMHC 
standards were intended to ensure compliance with VOC and HAP reduction 
requirements, and pursuant to 51.100(s) ethane is not a VOC, (nor is it 
a HAP under CAA section 112(c)) we agree that expressing the standard 
in terms of VOC, rather than NMHC is appropriate in this case. EPA's 
final hydrocarbon standards for gaseous fueled and lean burn LPG 
engines above 100 HP are presented as VOC standards, instead of NMHC 
standards. For natural gas engines below 100 HP meeting the NMHC 
standards in 40 CFR part 1048, the regulations do not require 
measurement of ethane for testing in the field. EPA agrees that EPA 
Method 25A does not measure formaldehyde and that all data gathered to 
support the emission limit using this method would not have included 
formaldehyde. However, EPA Method 25A would measure all other aldehydes 
and other oxygenated organic compounds although the measured results 
would be less than the actual concentrations in the gas stream. Even 
though EPA Method 25A measurements for the other aldehydes and 
oxygenated organic compounds would have been less than their true 
values, EPA believes that in all cases the measured values would 
represent substantially greater than 50 percent of the true value for 
these compounds. Because these

[[Page 3580]]

compounds are accounted for to a significant extent in the database 
supporting the emission limit it would not be appropriate to exclude 
them from the definition of VOC. If EPA Method 25A is used to determine 
compliance with the emission limit, the reduced response of the 
aldehydes and other oxygenated organics will automatically be taken 
into account, and the compliance demonstration will be consistent with 
the procedures used to establish the emission limit. However, if one of 
the alternative methods, such as EPA Method 18 or EPA Method 320 of 40 
CFR part 60, Appendix A, is used, these methods will measure 100 
percent of the aldehydes and other oxygenated organic compounds. The 
results from these methods should be adjusted to account for the bias 
in EPA Method 25A by multiplying the measured values of the aldehydes 
and other oxygenated organics by the EPA Method 25A response factor for 
each measured compound. In addition, when adding the masses of all of 
the measured VOC from either of these two methods, the actual mass of 
the aldehydes and oxygenated organics should be reported as the 
equivalent mass on a propane basis. This will ensure that the results 
from these two methods are reported on a basis that is consistent with 
the procedures used to establish the emission limit.
    EPA agrees that it is not appropriate to allow EPA Method 25 in the 
final rule, and EPA has made this clear in the regulatory text. Since 
the final emission standards are based on data that does not include 
formaldehyde, it would not be appropriate to include Method 25 since 
that method may capture that compound.
    Further, the emission standards for VOC are based on data that does 
not include formaldehyde and EPA agrees that it is appropriate to 
specify that formaldehyde is not included in the final VOC emission 
standard. EPA has made this clarification in the testing requirements 
for VOC. In the final rule, EPA has replaced the proposed NMHC limits 
in g/HP-hr with VOC limits in the same units. In addition, EPA has 
specified VOC limits in terms of concentration (ppmvd at 15 percent 
O2). EPA believes, based on evidence, that a final standard 
of 1.0 g/HP-hr and 0.7 g/HP-hr for VOC will be achievable for most 
engines. (Certain engines, like engines burning landfill gases, are 
subject to less stringent final standards.) The proposed NMHC emission 
limits are essentially the same as the final VOC emission limits based 
on how VOC is defined in the final rule. EPA has defined VOC according 
to the definition provided in 40 CFR part 51, and has noted that 
formaldehyde is, as discussed, excluded from calculation of VOC 
emissions. The magnitude of the final VOC limits is the same as the 
proposed NMHC limits and remain unchanged because the test methods used 
to capture pollutants are essentially the same.
    EPA recognizes that there may be variability in the ethane content 
in natural gas and believes it would be appropriate to exclude ethane 
from the final standard. Since EPA has replaced the proposed NMHC 
standards with VOC standards in the final rule, and since VOC by 
definition excludes ethane, this comment is resolved.
    As discussed, EPA is finalizing emission standards in terms of VOC 
not as NMHC, as proposed. Based on review of the emissions information 
used to set the proposed standards for NMHC, comments received on the 
proposal from industry, and meetings with various stakeholders post-
proposal, EPA believes it is more appropriate finalize a VOC standard 
than an NMHC standard as a measure for HC compounds. Many State 
regulations affecting stationary sources use VOC and VOC is a more 
familiar term than NMHC to the regulated community. Emissions of NMHC 
might be difficult to measure in the field and is a pollutant that has 
typically been regulated through the manufacturer. Also, because of the 
variability of ethane in natural gas fuel, VOC, since it excludes 
ethane, it is more appropriate than NMHC.

C. Emergency Engine Standards

    Comment: Several commenters were of the opinion that stationary 
emergency engines should be exempt from the rule; at a minimum they 
should be exempt from the emission standards. Two commenters were of 
the opinion that a size-based exemption threshold or alternative 
emission limits should be defined for emergency engines. One commenter 
believes that the proposed NSPS notifications and reporting for small 
emergency engines will be a cumbersome activity with little 
environmental benefit. The commenter noted that in most cases emergency 
engines operated less than 500 hours are not permitted or are 
considered insignificant due to the limited potential to emit 
emissions. The commenter requested that EPA consider exempting all 
emergency engines less than 500 HP from the proposed NSPS and NESHAP 
regulations. One commenter added that there is little data that show 
that by regulating these small emergency engines there will be 
significant environmental improvement. This commenter was of the 
opinion that as long as hour records are kept to show the engines are 
being operated in the manner addressed in the EPA white paper mentioned 
above these engines should be considered insignificant emitters. One 
commenter requested that EPA exempt stationary emergency engines from 
the proposed requirements, other than monitoring and recording annual 
operating hours by owners/operators to demonstrate the engines meet the 
100-hour annual operating limitation.
    One commenter recommended that emergency engines be exempted from 
the NSPS and NESHAP. The commenter said that emergency SI engines 
provide essential and needed services to owners/operators when the 
normal supply of electricity is disrupted and often serve life-critical 
functions in times of emergency. The proper operation and function of 
emergency engines is an essential service, according to the commenter. 
In addition, because emergency engines operate only during times of 
emergencies and are limited in hours of operation for maintenance or 
testing operation, emergency SI engines add minimal emissions to the 
inventory of criteria or HAP emissions, the commenter added. Commenter 
154 believes that there will be negligible emission reductions or 
environmental benefits from fully applying the requirements of the 
proposed rule to emergency SI engines. In addition, the commenter said 
that including emergency engines within the regulations adds a 
significantly large number of owners/operators to the affected 
regulatory community, and thus significantly increases the reporting, 
recordkeeping, and compliance costs of the proposed regulation. Since 
emissions from emergency SI engines are small and the cost of 
regulatory compliance and reporting are large, the imposition of NSPS 
and NESHAP controls on emergency SI engines is not cost-effective, 
according to the commenter.
    Two commenters believe that a 400 HP exemption threshold or 
alternative emission limits should be defined for emergency engines. 
The commenters said that 4SLB engines are not available below 400 HP, a 
size range that comprises the majority of emergency units in the oil 
and gas industry. The proposed rules would require non-selective 
catalytic reduction (NSCR) to be applied to these small engines; 
however NSCR application to an emergency engine has inherent 
complications, costs, and reliability issues, according to the 
commenters.

[[Page 3581]]

The proposed rule requires controls for emergency engines, whereas the 
existing RICE MACT concluded controls for emergency units were not 
necessary and the commenters believe that the proposed rule is 
therefore more stringent than the existing RICE MACT.
    Some commenters also requested that EPA provide an exemption for 
reconstructed or modified rich burn emergency engines, which would also 
require post-combustion control to meet the standards.
    Two commenters said that if a size-based exemption is not included 
in the rule, separate subcategories will be needed for emergency 
engines based on size with emission limits for smaller units 
commensurate with an uncontrolled rich burn engine, as well as an 
exemption for existing rich burn emergency engines that are 
reconstructed or modified.
    Response: EPA disagrees that stationary emergency engines should be 
completely exempted from the rule and also does not agree that 
emergency engines should be exempt from emission standards. Emergency 
engines are part of the source category and stationary internal 
combustion engines and they represent a significant portion of the 
engines being regulated under these combined rules, and their aggregate 
emissions are not insignificant. EPA believes that their emissions can 
be regulated in a manner that is cost-effective and not disruptive. 
Moreover, given that EPA has already promulgated standards for 
stationary CI emergency engines, failure to regulate SI emergency 
engines may create a loophole in regulation. However, as discussed 
below, EPA believes that a distinction in emission standards based on 
size is appropriate to include for stationary emergency engines to 
account for what types of engines and emission controls are available. 
In addition, EPA agrees that alternative emission limits should be 
finalized for emergency engines, consistent with the proposal that 
recognizes a need for different emission standards for emergency 
engines. The final standards do not require a second stage of more 
stringent standards for emergency engines. For emergency engines equal 
to or greater than 130 HP, the standards remain as proposed at 2.0, 
4.0, and 1.0 g/HP-hr for NOX, CO and VOC, respectively. As 
discussed elsewhere in this document, EPA is also including the option 
for owners and operators to meet these emission standards in terms of 
concentration. However, for emergency engines below 130 HP, EPA has 
found it appropriate to adopt less stringent emission standards in the 
final rule. Based on information received post-proposal, EPA has 
learned that there are lean burn engines currently in the market down 
to 130 HP, and EPA, therefore, disagrees with the commenters who 
requested a 400 HP exemption threshold or alternative emission limit 
for emergency engines claiming that 4SLB engines are not available 
below 400 HP. Information on these engines can be found in the docket. 
The final emission standards for emergency engines below 130 HP are 
commensurate with the emission standards that are achievable for rich 
burn engines without aftertreatment and represent the maximum level of 
control that is attainable for small emergency engines without using 
aftertreatment. EPA agrees that requiring NSCR for these engines raises 
complications and reliability issues that are inappropriate for this 
subcategory. The final rule requires emergency engines greater than 25 
HP and below 130 HP to meet a NOX+HC standard of 10.0 g/hp-
hr and a CO standard of 387 g/HP-hr. These emission standards are 
consistent with the Phase II standards that apply to Class II nonroad 
engines.
    EPA does not believe that the recordkeeping requirements for 
emergency engines will be significantly burdensome. Emergency engines 
have to maintain records hours of operation (of emergency and non-
emergency use) to ensure they are not operated beyond the 100-hour 
limit of the rule. Small emergency engines, i.e., those less than 130 
HP will be required to begin recordkeeping immediately. However, since 
there is no difference between the emission standards for emergency and 
non-emergency engines above 130 HP until the stage 2 emission standards 
become effective for non-emergency engines, these larger emergency 
engines do not have to begin recording hours of operation and keep 
records of total hours of operation until July 1, 2010 or January 1, 
2011, depending on whether the emergency engine is greater than or 
equal to 500 HP or below 500 HP, respectively.
    EPA has made simplifications in the final rule that would affect 
emergency engine compliance requirements. In the final NESHAP, EPA has 
included a provision that allows emergency engines subject to the 
NESHAP that are new or reconstructed and equal to or less than 500 
brake HP located at a major source of HAP emissions or located at an 
area source of HAP emissions to meet the requirements of the NESHAP by 
demonstrating compliance with the SI NSPS. EPA believes that this 
provision greatly reduces the compliance burden for owners and 
operators of emergency engines and overall simplifies the compliance 
process. Further, under the final SI NSPS, engines less than 100 HP 
that are certified or that were certified, but are operated in a non-
certified manner will not be subject to any performance testing. This 
would include emergency engines.
    EPA recognizes that this final rule is more stringent than the 
existing RICE NESHAP covering stationary engines greater than 500 HP at 
major sources, but EPA sees nothing improper about adopting more 
stringent standards affecting emergency engines under this rule. EPA 
often promulgates more stringent requirements in rules subsequent to 
initial rules regulating a source category. Emergency engines covered 
by the previous NESHAP are not subject to this rule. Only new, modified 
or reconstructed engines installed after the publication date of the 
notice of proposed rulemaking for this rule are subject to the more 
stringent requirements, except that EPA has added explicit limitations 
on use of emergency engines for peak shaving and supplying power to an 
electric grid or that supply power as part of a financial arrangement 
with another entity.
    Regarding the request for an exemption for modified and 
reconstructed rich burn emergency engines, EPA disagrees that an 
exemption should be provided. The overall goal of the statute for 
modified and reconstructed engines is that older engines that are being 
modified or reconstructed should be subject to relatively the same 
standards as new engines. This reduces the incentive for owners and 
operators to continue to use older dirtier engines for very long 
periods beyond their normal life. It is not impossible to apply add-on 
controls to emergency engines.

D. Emergency Engine Definition

    Comment: One commenter stated that the proposal sets separate 
standards for new emergency engines, but fails to impose enforceable 
limits so that these engines will be used only in clearly defined 
emergencies. The commenter strongly supports EPA's specification of 
emissions standards for emergency engines and to require that emergency 
engines be equipped with non-resettable meters. In addition to these 
requirements, the commenter said that EPA must require that emergency 
engines that do not meet otherwise applicable emissions limits be 
labeled as such. Additionally the commenter said that EPA must tighten 
the definition of a stationary emergency engine. According to the 
commenter, by

[[Page 3582]]

allowing emergency engines to run for an unlimited number of hours 
during emergency situations, but failing to provide a clear definition 
of what constitutes an emergency situation or emergency operation, the 
proposed rule leaves a highly problematic loophole. The commenter 
further noted that since the requirements for emergency engines are not 
as stringent as those for non-emergency engines, there could be a 
positive economic incentive for consumers to purchase an emergency 
engine even if that is not the engine's intended use. To close this 
loophole and effectuate the rule's intent, the commenter said that EPA 
must provide an unequivocal definition of what constitutes an emergency 
situation and emergency operation. The commenter advocated that a clear 
and stringent definition is needed to prevent operators of emergency 
engines from running these engines for an unlimited number of hours 
without triggering the more stringent Phase 2 controls required of non-
emergency engines.
    EPA's proposed definition does preclude one specific activity from 
being classified as an emergency situations (i.e., peak shaving), but 
it is otherwise far too general. According to the commenter, by 
including only examples of what constitutes an emergency engine, EPA is 
leaving the definition open to too much interpretation. The commenter 
recommended that at the least, the definition of an emergency engine 
should replicate the language used for stationary CI engines in stating 
that ``Stationary (CI) ICE used to supply power to an electric grid or 
that supply power as part of a financial agreement with another entity 
are not considered to be emergency engines.''
    The commenter further suggested that the following elements be 
incorporated into the definition of an emergency stationary internal 
combustion engine:
     The definition should require that the situation be truly 
unforeseeable, beyond the control of the owner or operator, and not 
part of any contractual obligation. In particular, the definition 
should exclude operation for purposes of supplying power for 
distribution to the electric grid and operation for training purposes.
     The definition should exclude equipment failure or other 
failure to comply with any environmental law caused by improperly 
designed equipment, lack of preventive maintenance, careless or 
improper operation, or operator error. This will ensure the proper 
incentives are in place for care and maintenance of non-backup engines.
    The commenter also said that if EPA finalizes its intent to allow 
natural gas-fired stationary SI engines to operate on propane fuel for 
up to 100 hours per year for emergency operations, a comprehensive 
analysis should be undertaken to evaluate the full emissions 
implications of what appears to be a somewhat arbitrary relaxation of 
the proposed standards.
    Response: EPA agrees that requiring emission standards for 
stationary emergency engines and requiring that emergency engines be 
equipped with non-resettable hour meters, but disagrees that the 
definition of emergency engine creates a loophole. EPA believes it 
proposed an adequate definition and it is not possible to include every 
possible situation that might constitute an emergency in the 
definition. EPA agrees that it is important to provide language that 
minimizes the possibility of affected sources avoiding more stringent 
requirements. EPA believes the definition is clear, and furthermore, 
believes that the requirement to keep records of the hours of operation 
of the engine in emergency and non-emergency situations will prevent 
misuse. EPA does agree with the commenter that it is appropriate to 
tighten the definition as far as precluding certain activities and has 
included in the definition of emergency engine that stationary SI 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. This language is consistent with the final CI NSPS. 
As for the comment related to labeling of emergency engines, EPA 
proposed in Sec.  60.4242(d) that manufacturers label their emergency 
engines that only meet the emergency engine emission standards as such 
and that the engine is for emergency use only. This requirement has 
been retained in the final rule, and EPA believes this satisfies the 
commenter's concern on this topic.
    Regarding the comment on EPA's provision allowing natural gas-fired 
stationary SI engines to operate on propane fuel for up to 100 hours 
per year for emergency operations, EPA included that provision to 
provide flexibility in emergency situations when the main fuel may not 
be available. EPA believes such an allowance is appropriate and does 
not expect that emissions will be significantly affected by including a 
provision to operate on propane for 100 hours per year for emergency 
purposes. Numbers EPA has available, which are presented in information 
included in the docket to the proposed rule, show that regulated 
pollutant emissions (NOX, CO, and VOC/NMHC/THC) from engines 
running on propane are the same or lower than emissions from engines 
running on natural gas (rich burn and lean burn), with a few 
exceptions. Therefore, for the reasons provided, it is not expected 
that the propane allowance will significantly affect emissions and EPA 
has retained the propane use allowance in the final rule.
    Comment: Two commenters believe that the emergency engine 
requirements in the proposed NSPS/NESHAP are more restrictive than the 
requirements in the RICE NESHAP. The commenters believe the proposed 
rules should be amended to be consistent with the emergency engine 
definition and exemption provided in the RICE NESHAP. Two commenters 
said that the emergency engine definition in the existing RICE MACT 
that was developed based on input and review from a broad stakeholder 
group should be retained. The commenters believe that the proposed rule 
substantially and materially alters the definition as follows:
     Maintenance and readiness testing limited to 100 hours per 
year versus no time limit on the use of emergency stationary RICE for 
routine testing and maintenance.
     Elimination of an additional 50 hours per year in non-
emergency situations.
     Requirement to maintain documentation for maintenance and 
testing operation to ensure the 100 hour per year limit is not 
exceeded.
     Maintenance and readiness testing operation provisions as 
recommended by third party Federal, State or local government, the 
manufacturer, the vendor, or the insurance company associated with the 
engine has been introduced.
    The commenters believe that the current NESHAP places no 
restriction on the use of emergency stationary RICE in emergency 
situations and for routine testing and maintenance. In addition, it 
offers an additional 50 hours per year in non-emergency situations. 
This clause was included as an outcome of the industrial combustion 
coordinated rulemaking (ICCR) process to provide adequate time to tests 
systems related to the emergency unit. For example, firewater systems 
where engine checks are necessary, and a systems check is also required 
and may be completed as part of a safety exercise. Commenter 150 
believes that EPA has confused the additional non-emergency allocation 
with a perceived hour restriction for

[[Page 3583]]

annual maintenance and readiness checks.
    Also, the commenter stated that in consideration relative to the 
RICE MACT, the proposed NESHAP amendments broaden the category of 
affected equipment to include units that are less than or equal to 500 
HP and area sources. With more stringent criteria in the proposed rule, 
the commenter believes that EPA is requiring more stringency for small 
engines and area sources than what was deemed necessary for larger 
engines under the existing RICE MACT. Further, the added burden and 
cost associated with documenting and maintaining records describing why 
the engine was operating must be assessed and the benefit for this 
requirement rationalized. As an alternative to continuing with the 
revised definition in the proposed rule, the commenters recommend that 
the current definition be retained.
    Response: It is true that EPA proposed a more stringent emergency 
engine definition and requirements as compared to the existing RICE 
MACT emergency engine definition. Regarding the commenters' request to 
retain the existing RICE MACT definition, EPA believes that keeping the 
proposed definition is appropriate for the most part. EPA recognizes 
that the existing definition was based on input and review from 
industry, and EPA is not ignoring the products of the ICCR process nor 
the extensive participation and commitment of industry members. 
However, EPA has learned a lot since the ICCR process from 10 years ago 
and knows now that there are health consequences for failing to 
regulate emergency engines and for having a broad definition that 
allows engines that are used for more than emergencies to emit at 
higher levels. EPA feels the existing RICE MACT definition of emergency 
engines was not given appropriate restrictions and would 
unintentionally allow significant operation of an engine in non-
emergency situations such as the unlimited maintenance allowance.
    Based on vast information received since the time of the ICCR 
process and the RICE MACT rulemaking, EPA has concluded that it is 
appropriate to limit the hours of operation during maintenance and 
testing to 100 hours per year. The issue of allowable hours for 
maintenance and testing was discussed extensively under the CI NSPS 
rulemaking and more information can be found in the final CI NSPS rule 
(71 FR 39153) and Responses to Comments (RTC) document (see EPA-HQ-OAR-
2005-0029-0324). EPA recognizes that the existing RICE MACT places no 
restriction on the use of emergency engines in emergency situations and 
for routine maintenance and testing. EPA agrees that is appropriate to 
retain a no time limit on the use of emergency stationary engines in 
emergency situations; however, does not agree that routine maintenance 
and testing should be unlimited. Again, EPA has gained much information 
regarding emergency engine operation since the ICCR process a decade 
ago and must consider environmental and health consequences for failing 
to regulate the operation of emergency engines appropriately and 
prevent loop-holes. Numerous comments received during the public 
comment period for NSPS for stationary CI engines argued that EPA 
should allow 100 hours per year for emergency engines to conduct 
necessary maintenance and testing. Based on those comments, EPA 
continues to believe that it is appropriate to finalize a 100 hours per 
year limit for maintenance and testing operation for emergency engines 
under the NSPS. EPA disagrees that maintenance and testing should be 
unrestricted. However, EPA believes it is crucial to allow sufficient 
hours for maintenance and readiness testing to ensure that the 
emergency engine will respond as expected in the event of an emergency, 
and EPA believes that 100 hours per year is adequate.
    The commenters expressed particular concern over the elimination of 
the additional 50 hours per year for non-emergency situations included 
in the original RICE MACT emergency engine definition, but excluded 
from the proposed requirements affecting emergency engines in this rule 
and EPA understands the commenters' concerns. It is true that in the 
preamble to the proposed rule, EPA confused the existing 50 hours per 
year currently allowed for non-emergency operation in the RICE MACT 
with the 100 hours per year for maintenance and readiness checks, and 
may be, as the commenters indicated, a result of comparing the SI NSPS 
too closely to the CI NSPS that was recently promulgated. Industry has 
expressed that it might be forced to use portable emergency engines 
instead of stationary emergency engines to avoid certain requirements 
of the rule and indicated that the portable engines will be dirtier 
than the stationary engines. EPA certainly does not wish to create such 
outcome of the rulemaking and therefore believes it is appropriate to 
allow owners/operators to operate their engines for 50 hours per year 
for non-emergency purposes and has made that clarification in Sec.  
60.4243(d) of the final rule. However, EPA is concerned that if 
stationary emergency engines are allowed to operate in non-emergency 
situations they may be inappropriately used for peaking power. In 
response to EPA's concern, industry has noted that its intent is not to 
use stationary emergency engines for peaking purposes. Even so, EPA has 
specified that the 50 hours allowed for non-emergency situations cannot 
be used to generate income for a facility to supply power to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity. If this happens, the engine is no 
longer considered to be an emergency engine and the engine would be 
required to meet the non-emergency engine emission standards, which are 
more stringent. In addition, the allowed 50 hours of operation for non-
emergency situations must be within the currently allowable 100-hour 
total for purposes of maintenance and testing. In other words, the 
total hours of operation per year cannot exceed 100 hours for purposes 
of maintenance and testing and for running the engine for non-emergency 
purposes.
    Regarding the requirement to maintain records to ensure the 100-
hour limit is not exceeded for emergency engines as specified in Sec.  
60.4245(b) of the proposed rule, EPA feels this requirement is 
necessary and appropriate. This requirement is consistent with the 
final CI NSPS (see 40 CFR 60.4214(b)). To ensure compliance with the 
100-hour limit, EPA must require recordkeeping for all operation of 
emergency engines, emergency situations as well as required testing. 
This is a reasonable way to enforce this limit to ensure that the non-
emergency hours of operation are not exceeded beyond allowable limits. 
Clearly, this requirement yields environmental benefits since it will 
limit the likelihood that sources subject to the rule that operate 
emergency engines would exceed the 100-hour annual non-emergency limit. 
As noted in the RTC document for the final CI NSPS, many States require 
reporting of both emergency and non-emergency use, e.g., the California 
ATCM requires a monthly log of all operation by emergency engines. 
Also, certain facilities already maintain such documentation, e.g., 
operating hours and operating conditions are currently maintained at 
hospitals. EPA wishes to prevent owners/operators from operating 
emergency engines illegally and circumventing the regulation and 
believes the additional recordkeeping requirements will greatly enhance 
EPA's ability to enforce this requirement. The

[[Page 3584]]

requirement will ensure that there is documentation that the engine was 
operating in emergency situations when it was running beyond the annual 
limits permitted for maintenance and testing. There is no annual cap on 
the hours of operation during an emergency situation, but it is 
important to have documentation that such operation was indeed for 
emergency purposes. As noted, owners/operators of emergency engines 
already keep documentation of when and why such engines were operated 
so EPA feels the recordkeeping requirement is no significant additional 
burden.
    However, EPA does believe it is necessary to clarify that emergency 
engines above 500 HP at major sources that were installed prior to the 
proposal date for this rule (June 12, 2006), but after the proposal 
date (December 19, 2002) for the previous RICE MACT (and thus, new 
emergency engines under 40 CFR part 63, subpart ZZZZ, and subject to 
the old rule) should be governed by the old definition of emergency 
engines, except that the definition includes the clarification that 
emergency engines do not include engines used for peaking power or to 
supply power to an electric grid or otherwise supply power as part of a 
financial arrangement with another entity. This clarification has been 
made to the definition of emergency stationary RICE in section 63.6675 
of the final rule. EPA believes this clarification addresses some of 
the commenters' concerns on this issue.
    Comment: One commenter stated that by reducing the scope of engines 
that qualify as ``emergency engines,'' the proposed revision could 
expand the universe of engines that are subject to more stringent 
NESHAP requirements. Commenter 145 believes that its member utilities 
would be directly affected, since they deploy emergency engines to 
support their obligation to deliver energy to customers safely and 
reliably. In addition, this revision would impact utility customers who 
deploy emergency engines, such as hospitals and nursing homes, since 
there is no minimal size threshold on the engines affected by the 
proposal.
    Response: EPA disagrees that the rule necessarily expands the 
universe of engines that are subject to the standards applicable to 
non-emergency engines. Operation of engines during emergencies is not 
restricted by the rule and if an engine is truly an emergency engine, 
it would not be subject to more stringent requirements. Available 
information indicates that emergency engines operate on average about 
50 hours per year, which includes the hours spent for maintenance and 
testing purposes. EPA recognizes that there may be stationary emergency 
engine applications that operate beyond 50 hours per year for 
maintenance and testing purposes, which is why EPA proposed a 100-hour 
allowance for such purposes. EPA received numerous comments on the 
testing and maintenance allowance on the proposed CI NSPS. Based on the 
number of commenters who indicated that the proposed maintenance and 
testing allowance of 30 hours per year was not enough, EPA chose to 
increase the number to 100 hours per year, which was consistent with 
what commenters recommended. Even though the original RICE NESHAP 
covering stationary engines greater than 500 HP located at major 
sources did not have a time limit on the use of emergency stationary 
engines for routine testing and maintenance, EPA believes that 
providing 100 hours per year is more than sufficient. In those few 
cases where 100 hours is not sufficient, EPA has included the provision 
allowing owners/operators to petition for additional hours (unless the 
owner/operator maintains records indicating that Federal, State, or 
local standards require maintenance and testing of emergency ICE beyond 
100 hours per year, in which case, a petition is not necessary.) Note, 
however, that in the final rule, EPA has made it clear that ``new'' 
engines affected by the NESHAP that are installed prior to the proposal 
of the NSPS would be covered by the old definition included in the 
original NESHAP at 40 CFR part 63, subpart ZZZZ. In addition, EPA has 
specified that 50 of the 100 hours allowed for maintenance and testing 
can be use for non-emergency purposes.

E. Manufacturer O&M Requirements

    Comment: Several commenters expressed concern over the proposed 
requirements requiring owners/operators to operate and maintain SI ICE 
according to the manufacturer's written instructions or procedures 
developed by the owners/operators that are approved by the engine 
manufacturer. One commenter believes that compliance requirements 
should reflect best practices developed by the owners/operators with 
experience with using the engines in the field. Another commenter felt 
that the manufacturers do not have the long-term experience in 
operating and maintaining these engines in the field and recommended 
that the proposed NESHAP allow owners/operators to use the existing 
maintenance requirements of the General Provisions of both the NSPS (40 
CFR part 60, subpart A) and the NESHAP (40 CFR part 63, subpart A) 
rules to meet the requirements of this rule.
    One commenter recommended for voluntarily certified engines, the 
owners/operators be given a choice of either accepting the 
manufacturers certification or opting for a ``verification program'' 
modeled after the performance testing of Sec.  60.4243(d)(2) of the 
proposal.
    One commenter expressed that it is in general agreement that 
owners/operators should maintain their SI ICE in accordance to the 
original manufacturer's specifications for larger engines. However, the 
commenter had concerns about imposing these requirements on limited use 
and small engines. The commenter believes that this requirement does 
not appear to be commensurate with the environmental impact.
    One commenter expressed that the operation and maintenance (O&M) 
requirements in manufacturer's manuals is too stringent and inflexible 
and needs to be changed and stated that engine manufacturers do not 
want to become involved in approving or reviewing procedures developed 
by owners/operators. The commenter added that in many cases, owners/
operators of stationary engines have developed and follow their own O&M 
procedures and have extensive experience in operating their engines to 
optimize performance and life in their specific applications within 
regulatory emissions limits. Further, the commenter said, owners/
operators of non-certified engines are required to conduct performance 
testing to assure compliance. Therefore, since these owners/operators 
will use other means to assure compliance, there should not be a 
regulatory requirement to follow manufacturer's procedures, the 
commenter expressed. However, if EPA includes the requirement to follow 
engine manufacturer's procedures in the final rule, the referenced 
procedures should be limited to those required to maintain emissions 
control, the commenter said, and recommended that EPA develop a suite 
of options and requirements to assure compliance as follows:
     For certified engines, owners/operators should be required 
to set up the engine and follow manufacturers' recommended maintenance, 
but only for systems or components that affect emissions.
     For non-certified engines, appropriate emissions testing 
and monitoring should be all that is required.
     In addition, owners/operators should be able to purchase a 
certified

[[Page 3585]]

engine but operate it according to their own procedures. In that case, 
appropriate emissions testing and monitoring should be all that is 
required.
    One commenter's objection to the proposed requirement to follow the 
manufacturer's procedures was based on the assertion that most 
operators of these engines have developed proprietary procedures for 
their engines, varying from region to region and across the broad 
spectrum of applications of these engines; that reviewing procedures 
would subject engine manufacturers to an administrative burden. This 
requirement is unnecessary, the commenter noted, because owners/
operators bear responsibility for compliance, and are already required 
to demonstrate such compliance through extensive testing.
    Two commenters requested that EPA allow owners/operators to define 
O&M requirements for gas-fired engines, rather than the manufacturer 
O&M. These two commenters stated that owners/operators have developed 
and refined O&M practices to address the specific challenges, rigor, 
and accessibility of their application. However, if EPA chooses to 
mandate manufacturer O&M, then the commenters requested that the 
manufacturers be required to reasonably review and approve 
alternatives, and the cost of the program be borne by the manufacturer. 
One commenter stated that allowing owners/operators to follow their own 
O&M procedures is consistent with the requirements of the subpart A 
General Provisions. The commenter stated that the EPA should clearly 
indicate that owners/operators of gas-fired engines can choose 
compliance monitoring based on owners/operators defined O&M and 
periodic tests even if a certified engine is available.
    Response: EPA agrees with some of the comments received on the 
issue of operating the engine according to manufacturer O&M procedures. 
EPA agrees that any requirement to operate and maintain engines 
according to manufacturer instructions should be limited to emission-
related operation and maintenance. In addition, in the final rule, EPA 
has not included the requirement for owners/operators of non-certified 
engines to operate and maintain their engines according to the 
manufacturer's written instructions or procedures developed by the 
owners/operators that are approved by the engine manufacturer. Instead, 
owners/operators will be required to operate and maintain their engines 
in a proper manner, consistent with their own maintenance plan. Owners 
and operators of non-certified engines will be required to keep records 
of the maintenance performed on the engine. In addition, EPA is 
requiring performance testing of non-certified engines to demonstrate 
compliance with the emission standards, consistent with the proposal.
    Based on information received during the final rulemaking and in 
public comments, EPA does not believe it is appropriate to require 
manufacturer O&M procedures for all owners/operators of certified 
engines without allowing alternative procedures and is therefore 
providing an alternative option to owners/operators. However, if an 
owner/operator has a certified engine that it wishes to operate 
according to its own well-established procedures based on its own 
experience with operating that engine (or engines), that particular 
engine that was originally certified will no longer be considered 
certified and the engine must be tested. EPA will consider that engine 
to be operating in a non-certified manner, and will require testing if 
the engine is greater than or equal to 100 HP. Engines below 100 HP 
operating in a non-certified manner will be exempt from performance 
testing, but are required to keep a maintenance plan and records. EPA 
wishes to encourage the certified route for smaller engines and expects 
that the majority of engines in this size group will be certified. 
Engines greater than or equal to 100 HP and less than or equal to 500 
HP will be required to conduct a performance within 1 year of startup 
to demonstrate compliance with the emission standards. These engines 
will in addition be required to keep a maintenance plan and records of 
conducted maintenance. Engines greater than 500 HP will in addition to 
conducting a performance testing within 1 year of startup, also have to 
conduct subsequent performance testing every 8,760 hours or 3 years 
(whichever comes first) thereafter.

F. Streamlined Compliance Requirements

    Comment: Commenters asserted that the proposed rule is complex 
partly due to having a combined rulemaking. One commenter stated that 
the proposed rule is too complex for most small oil and gas operators 
to be able to fully understand and evaluate. The commenter also 
believed that the proposed rule requires a person with significant 
knowledge and experience with CAA rules and requirements to understand 
it. One commenter stated that the proposed rulemaking added much 
complexity to the 2004 rulemaking for stationary RICE greater than 500 
HP located at major sources, as it combined the adoption of a new NSPS, 
the expansion of the 2004 requirements to smaller sources, and the 
addition of the section 112(k) of the CAA requirements covering HAP 
emissions at area sources. The commenter believed that this complex 
interweaving of the area source requirements with the major source 
requirements make the rule very difficult to follow relative to area 
sources. This commenter recommended that EPA separate the major source 
from the area source requirements and suggested that one way of doing 
this would be to establish two separate subparts in 40 CFR part 63 for 
stationary RICE; one to cover area sources and another to cover major 
sources. According to the commenter, this approach would simplify and 
clarify the rule for small businesses and the various State and local 
agencies. In addition, the commenter recommended that EPA avoid similar 
interweaving of requirements, and strive to create simpler, easier to 
understand area source rulemakings under section 112(k) of the CAA in 
the future.
    Two commenters were concerned that there are conflicting or 
duplicate requirements between the proposed NSPS, existing nonroad 
regulations, the RICE NESHAP, and the currently proposed NESHAP. 
Specifically, the existing RICE NESHAP requirements for formaldehyde 
and the currently proposed emission limit for non-methane hydrocarbons 
(NMHC) to control HAP are duplicative and may lead to conflicting or 
impractical reduction requirements for some engines, or may be 
technically infeasible, the commenters said. Other commenters noted 
that stationary natural gas engines greater than 500 HP located at a 
major source are required to comply with 40 CFR part 63, subpart ZZZZ, 
and the NSPS NMHC limits. According to one commenter, it also creates 
confusion, since it may not be technically feasible to meet the various 
standards required in the NSPS and the NESHAP simultaneously. Three 
commenters recommended that all engines greater than 500 HP and all 
4SLB engines greater than 250 HP located at major sources be exempt 
from meeting the NMHC NSPS standards. The emissions controls needed to 
meet the NESHAP standards applicable to those engines are sufficient to 
reduce HAP and other HC emissions. Elimination of the NMHC standard for 
that group of engines in the NSPS will simplify the rules, eliminate 
confusing, redundant, and possibly conflicting

[[Page 3586]]

requirements, and will relieve owners/operators from unnecessary 
testing and monitoring requirements, according to commenters.
    Response: EPA believes that the approach taken to have a combined 
rulemaking is more effective than having separate rules for the same 
types of facilities and will help reduce burden and EPA also believes 
that having a combined rulemaking, as well as regulations that refer to 
one another and are promulgated concurrently, actually simplifies 
compliance for affected sources. Commenters are reminded that Congress 
requires EPA to promulgate standards under both sections 111 and 112 of 
the CAA, which requires that owners and operators of sources covered 
under both sections are required to meet standards under both sections. 
However, EPA has made a major simplification in the final rule and has 
included a provision in section 63.6590 of the final NESHAP that 
owners/operators of new and reconstructed engines less than 500 HP 
located at major sources (except new and reconstructed 4SLB engines 
between 250 and 500 HP) and engines located at area sources will be in 
compliance with the NESHAP if they are in compliance with the NSPS. 
This approach is substantively the same as the approach in the notice 
of proposed rulemaking, at least in terms of emission requirements, but 
EPA believes this approach more clearly streamlines and simplifies 
compliance and greatly reduces the complexity that may be associated 
with demonstrating compliance for owners/operators and makes the rule 
easy to understand for all parties affected, including small business 
owners and State and local agencies. Additionally, for the most part 
the only thing required from small engine owners/operators is that they 
purchase a certified engine, which EPA believes will be available for 
most, if not all, of the smaller engines, and operate the engine 
according to the manufacturer's specifications. EPA further notes that 
even for non-certified engines, requirements are reduced, especially 
for smaller engines. However, EPA appreciates the commenters' concerns 
and has made changes to the proposed rule that will further help 
affected parties understand and evaluate the requirements, as discussed 
above.
    EPA understands the commenters' concerns and agrees that there may 
be some duplication in the proposed rule and has taken steps in the 
final rule to simplify the compliance process for owners/operators by 
removing potential duplicative and/or conflicting requirements. 
Specifically, EPA realizes that certain engines will be subject to two 
sets of emission standards and regulations. New engines over 500 HP 
located at major sources would be subject to the NESHAP as well as the 
NSPS. Stationary 4SLB engines between 250 and 500 HP located at major 
sources would also be subject to the NESHAP and NSPS. EPA does not 
agree with the commenters that recommend that EPA exempt all engines 
greater than 500 HP and 4SLB above 250 HP at major sources from meeting 
the NSPS NMHC (now VOC) standard. These stationary engines will be 
required to comply with both regulations. One regulation addresses HAP 
emissions and the other regulation addresses criteria pollutants. The 
commenters provide no data or analysis indicating that it would be 
infeasible to meet both regulations, and EPA has shown that the 
standards under both regulations are feasible.
    For the current 40 CFR part 63, subpart ZZZZ, EPA did not find that 
there is a good relationship between CO emission concentration or CO 
emission reductions and HAP emission concentrations or HAP emission 
reductions from rich burn engines equipped with NSCR. Therefore, in 
that rule, EPA could not use CO as a surrogate for HAP for rich burn 
engines. For that reason, EPA cannot exempt stationary rich burn 
engines from either regulation, and rich burn engines greater than 500 
HP located at major sources have to comply with the formaldehyde 
emission standard in the RICE NESHAP (percent reduction or 
concentration limit) and the NOX, CO, and VOC emission 
standards in the SI NSPS.
    However, for SI lean burn engines, under the existing RICE NESHAP, 
EPA established a good relationship between CO emission reductions and 
HAP emission reductions from 4SLB engines with oxidation catalyst 
systems. Therefore, EPA concluded that CO emission reductions could 
serve as a surrogate for HAP emission reductions for SI lean burn 
engines with oxidation catalysts. Since the existing RICE NESHAP 
contains emission standards for CO and formaldehyde that are based on 
the application of oxidation catalysts, it makes sense to exempt these 
engines from the CO emission standard under the SI NSPS, which would be 
less stringent than the NESHAP CO standard. For this group of engines, 
and for 4SLB engines between 250 and 500 HP located at major sources, 
EPA believes it is more appropriate and reasonable to exempt the 
engines from the CO standard in the NSPS, since that is the same 
pollutant that they are testing for in the NESHAP, rather than the VOC 
standard. Based on comments received and other information analyzed 
post-proposal, EPA believes that CO is a more appropriate surrogate for 
formaldehyde than VOC for SI lean burn engines and EPA does not believe 
VOC should be used as a surrogate for HAP. EPA recognizes that it 
proposed exempting 4SLB engines between 250 and 500 HP at major sources 
from the NSPS NMHC standard, but based on new information comments 
submitted by EUROMOT (EPA-HQ-OAR-2005-0030-0039), EPA now believes that 
CO is more appropriate and consistent with the NESHAP for 4SLB engines. 
Therefore, SI lean burn engines greater than or equal to 250 HP located 
at major sources that comply with the RICE NESHAP only have to comply 
with the NOX and VOC standard in the SI NSPS. EPA has 
included this provision in Table 1 to the final NSPS.

VI. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    The final rule is estimated to reduce NOX emissions from 
stationary SI ICE by an estimated 77,000 tons per year (tpy), CO 
emissions by about 45,000 tpy, VOC emissions by about 2,000 tpy, and 
HAP emissions by approximately 800 tpy in the year 2015. Of the 800 tpy 
of HAP reduced in 2015, it is expected that about 86 tpy will be the 
result of requirements under the RICE NESHAP. The final rule is 
estimated to reduce NOX emissions by 84,000 tpy, CO 
emissions by 49,000 tpy, VOC emissions by 2,400 tpy, and HAP emissions 
by 900 tpy in the year 2020. Of the 900 tpy of HAP reduced in 2020, it 
is expected that about 100 tpy will be the result of requirements under 
the RICE NESHAP. The final rule is estimated to reduce NOX 
emissions by 99,000 tpy, CO emissions by 56,000 tpy, VOC emissions by 
3,000 tpy, and HAP emissions by 1,000 tpy in the year 2030. Of the 
1,000 tpy of HAP reduced in 2030, it is expected that about 120 tpy 
will be the result of requirements under the RICE NESHAP.
    EPA estimates that a total of about 150,000 stationary SI engines 
will be affected by the final rule by the year 2015. A total of 433,000 
stationary SI engines will be affected by the year 2030. An estimated 
623,000 stationary CI engines will be affected by the final rule by the 
year 2015. However, stationary CI engines affected by the final rule 
would also be subject to the CI NSPS. Further information regarding the 
estimated reductions of the final rule can be found in the memorandum 
entitled ``Cost Impacts and Emission Reductions Associated with 
Proposed NSPS for Stationary SI ICE and

[[Page 3587]]

NESHAP for Stationary RICE,'' which is available in the docket.

B. What are the cost impacts?

    The total national capital cost for the final rule is estimated to 
be approximately $44 million in the year 2015, with a total national 
annual cost of $19 million in the year 2015. Total national capital 
cost for the RICE NESHAP portion of the final rule are $3 million in 
2015 with a total annual cost of also $3 million in 2015. In the year 
2020, the total national capital and annual costs for the final rule 
are estimated to be $47 million and $20 million, respectively. Total 
national capital cost for the RICE NESHAP portion of the final rule are 
$3.5 million in 2020 with a total annual cost of $3.5 million in 2020. 
In the year 2030, the total national capital and annual costs for the 
final rule are estimated to be $54 million and $22 million, 
respectively. Total national capital cost for the RICE NESHAP portion 
of the final rule are $4.2 million in 2030 with a total annual cost of 
$4.3 million in 2030.

C. What are the benefit estimates?

    EPA estimates the monetized benefits of this final rule to be about 
$220 million (2005$). This estimate of benefits reflects the use of the 
Pope et al. (2002) PM2.5 mortality estimate. EPA recognizes 
the uncertainty associated with this estimate and readers may refer to 
the benefits chapter of the Regulatory Impacts Analysis for a 
discussion of the range of benefits estimated for this rule. To 
estimate the human health benefits of NOX emission 
reductions from stationary SI engines, EPA followed an approach and 
methodology described in the Technical Support Document (TSD) 
accompanying EPA's 2007 benefits analysis of the proposed changes to 
the National Ambient Air Quality Standards for Ozone. In this analysis, 
EPA applied dollar per ton benefit transfer coefficients. These benefit 
per ton estimates relate a one-ton reduction in a given 
PM2.5 precursor, such as NOX emitted by 
stationary sources, to an estimate of the total monetized human health 
benefits of reduced exposure to PM2.5. EPA chose these 
transfer coefficients as the basis for estimating the benefits from 
emission reductions of these two pollutants because the coefficients 
were derived for sources that share many of the same key attributes as 
those covered here. These elements include the stack height and the 
pollutant affected-NOX. Thus EPA believes that it can 
generate a reasonable estimate of benefits for this final rule using a 
benefits transfer approach. Specifically, these estimates are based on 
application of the benefits scaling approach derived from the benefits 
analyses completed for these rulemakings. Readers interested in the 
methodology followed to generate these estimates may consult the 
Technical Support Document supporting the Proposed Ozone NAAQS RIA.\1\ 
A summary of the benefits estimates is in Table 5 of this preamble.
---------------------------------------------------------------------------

    \1\ Technical Support Document: Calculating Benefit per-Ton 
Estimates. EPA-HQ-OAR-2006-0834.

       Table 5.--Estimate of Monetized Benefits by 2015 ($2005) a
------------------------------------------------------------------------
                              Amount of  NOX
    $ Benefits/  ton        emissions  reduced      Monetized benefits
                                  (tons)           (millions of 2005$) b
------------------------------------------------------------------------
           $2,800                   77,362                   $220
------------------------------------------------------------------------
\a\ The results are presented assuming a discount rate of three percent.
 
\b\ Estimate rounded to two significant figures.

    The specific estimates of benefits per ton of pollutant reductions 
included in this analysis are largely driven by the concentration 
response function for premature mortality, which is based on the 
American Cancer Society cohort (ACS) (Pope, C.A. III, et al., ``Lung 
Cancer, Cardiopulmonary Mortality, and Long-Term Exposure to Fine 
Particulate Air Pollution,'' JAMA, 2002).
    Since the publication of Clean Air Interstate Rulemaking (CAIR), 
the EPA's Office of Air and Radiation has adopted a different format 
for its benefits analysis in which characterization of the uncertainty 
in the concentration response function is integrated into the main 
benefits analysis. The PM NAAQS RIA analysis prepared last year 
provides an indication of the sensitivity of our results to the use of 
alternative concentration response functions, including those derived 
from the recently completed expert elicitation study. Specifically, 
compared to the final PM NAAQS estimate of the mean mortality from the 
ACS cohort, the expert-based premature mortality incidence ranged from 
50 percent of the mean ACS estimate to more than five times the size of 
the ACS mean estimate. The Agency intends to consider using information 
to update our benefits estimates as part of an approach similar to that 
used in the PM NAAQS Regulatory Impact Analysis (RIA) in the benefits 
analyses for future rulemakings.
    EPA estimates the annualized benefits of this rulemaking (the NSPS 
and NESHAP together) to be about $220 million (2005$) and annualized 
costs to be $22 million (2005$). Thus, benefits exceed cost by about to 
$200 million in 2015. EPA believes that the benefits are likely to 
exceed the costs by a significant margin under this rulemaking even 
when taking into account uncertainties in the cost and benefit 
estimates. For more information, please refer to the RIA for this final 
rule that is available in the docket.

D. What are the economic impacts?

    The impacts to producers and consumers affected by this final rule 
are higher product prices and outputs. Prices for affected engines that 
are larger than 175 HP may increase from 5 to 7 percent, and prices for 
engines smaller than 175 HP may increase by 17 to 33 percent. 
Production of affected engines, however, should only fall by between 
0.5 and 3.3 percent since previous analyses by EPA of engine markets 
done for the Final Nonroad Diesel Engine Rule suggest a small reaction 
in output due to a large price increase. Hence, the overall economic 
impact on affected industries should be small.

E. 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.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under section 3(f)(1) of Executive Order 12866 (58 FR 51735, 
October 4, 1993), this action is an ``economically significant 
regulatory action'' because it is likely to have an annual affect on 
the economy of $100 million or more. Accordingly, EPA submitted this 
action to the Office of Management and Budget (OMB) for review under 
Executive Order 12866, and any changes made in response to OMB 
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this final rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The information collection requirements are not 
enforceable until OMB approves them.
    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

[[Page 3588]]

authorized by section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to EPA pursuant to the recordkeeping and reporting 
requirements for which a claim of confidentiality is made is 
safeguarded according to Agency policies set forth in 40 CFR part 2, 
subpart B.
    This final rule will require notifications from certain engines and 
compliance reports. 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 
this final rule) is estimated to be 132,164 labor hours per year at a 
total annual cost of $17,995,722. This estimate includes a one-time 
notification for engines greater than 500 HP that are non-certified, 
engine certification, engine performance testing, and recordkeeping. 
There are no capital/start-up costs associated with the monitoring 
requirements over the 3-year period of the ICR. The operation and 
maintenance costs for the monitoring requirements over the 3-year 
period of the ICR are estimated to be $8,498,888 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. When this ICR is 
approved by OMB, the Agency will publish a technical amendment to 40 
CFR part 9 in the Federal Register to display the OMB control number 
for the approved information collection requirements contained in this 
final rule. In addition, EPA is amending the table in 40 CFR part 9 of 
currently approved OMB control numbers for various regulations to list 
the regulatory citations for the information requirements contained in 
this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this final rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule is expected to affect 21 ultimate parent businesses that are 
manufacturers of affected SI engines. Five of the parent businesses are 
small according to the SBA small business size standard. One of these 
five firms would have an annualized cost of more than one percent of 
sales associated with meeting the requirements; the estimated cost is 
about five percent of the annual sales for this small firm. In 
addition, for the industries in which small firms are found that may be 
affected by this final rule, either by purchasing a compliant SI engine 
or by performing the required testing, the estimated cost of this rule 
is 0.10 percent of sales or less. Also, no other adverse impacts are 
expected to these affected small businesses.
    For more information on the small entity impacts associated with 
the final rule, please refer to the Economic Impact and Small Business 
Analyses in the public docket. These analyses can be found in the 
Regulatory Impact Analysis for this final rule.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. When 
developing the revised standards, EPA took special steps to ensure that 
the burdens imposed on small entities were minimal. EPA conducted 
several meetings with industry trade associations to discuss regulatory 
options and the corresponding burden on industry, such as recordkeeping 
and reporting.

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 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least-costly, most cost-effective, or least-burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that this 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 one year. Thus, this final rule is not subject to the 
requirements of sections 202 and 205 of

[[Page 3589]]

the UMRA. EPA has determined that this 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.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) requires EPA 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'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This 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. This 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. In the spirit of Executive Order 13132, 
and consistent with EPA policy to promote communications between EPA 
and State and local governments, EPA specifically solicited comment on 
the proposed rule from State and local officials.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000) 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. 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. Thus, Executive Order 13175 does not 
apply to the final rule.

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

    Executive Order 13045 ``Protection of Children from Environmental 
Health 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 EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency 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.
    EPA interprets Executive Order 13045 as applying to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This 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

    This 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. EPA has prepared 
an analysis of energy impacts that explains this conclusion as follows.
    The increase in petroleum product output, which includes increases 
in fuel production, is estimated at less than 0.03 percent, or 11.1 
trillion BTUs as based on 2007 Annual Energy Outlook data provided by 
the U.S. Energy Information Administration. The reduction in coal 
production is zero since no coal-fired units will be affected by the 
requirements of the final rule. The reduction in electricity output is 
estimated at 0.10 percent, or about 15.1 trillion BTUs per year based 
on 2007 U.S. electricity production nationwide. Production of natural 
gas is expected to decrease by 13.83 trillion BTU, a decrease of 0.07 
percent from 2007 U.S. production levels. The maximum of all energy 
price increases, which include increases in natural gas prices as well 
as those for petroleum products, and electricity, is estimated to be 
0.10 percent nationwide. Energy distribution costs may increase by 
roughly no more than the same amount as electricity rates. EPA expects 
that there will be no discernable impact on the import of foreign 
energy supplies, and no other adverse outcomes are expected to occur 
with regards to energy supplies. The increase in cost of energy 
production should be minimal given the very small increases in energy 
prices and outputs shown above. All of the estimates presented above 
account for some pass-through of costs to consumers as well as the 
direct cost impact to producers. For more information on these 
estimated energy effects, please refer to the economic impact analysis 
for the final rule. This analysis is available in the public docket.
    Therefore, EPA concludes that this rule when implemented will not 
have a significant adverse effect on the supply, distribution, or use 
of energy.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, 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 (VCS) in its regulatory activities, unless to do so 
would be inconsistent with applicable law or otherwise impractical. The 
VCS are technical standards (e.g., materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by VCS bodies.
    The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS. 
These rules involve technical standards. The EPA cites the following 
standards: EPA Methods 1, 1A, 2, 3, 3A, 3B, 4, 7E, 10, 18, 19, 25A, 
320, and 323 (40 CFR part 60, appendix A); and American Society of 
Testing and Materials (ASTM) methods ASTM D6348-03 and ASTM D6522-00 
(2005).
    Consistent with the NTTAA, EPA conducted searches to identify 
voluntary potentially applicable consensus standards in addition to 
these EPA methods. No applicable voluntary consensus standards were 
identified for EPA Methods 1A, 19, 320, and 323. The search and review 
results are in the docket for these rules.
    The search identified two voluntary consensus standards as 
acceptable alternatives to EPA Methods. In addition, the standards, 
ASTM D6348-03 and ASTM D6522-00 (2005) cited in these rules are also 
VCS.

[[Page 3590]]

    The standard ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses,'' is cited in this rule for its manual method for measuring 
the oxygen content of the exhaust gas. This part of ASME PTC 19.10-1981 
is an acceptable alternative to EPA Method 3B.
    The standard ASTM D6420-99 (2004), ``Test Method for Determination 
of Gaseous Organic Compounds by Direct Interface Gas Chromatography/
Mass Spectrometry'' is cited in this rule as an alternative to EPA 
Method 18 for measuring total nonmethane organic.
    Similar to EPA's performance-based Method 18, ASTM D6420-99 is also 
a performance-based method for measurement of gaseous organic 
compounds. However, ASTM D6420-99 was written to support the specific 
use of highly portable and automated GC/MS. While offering advantages 
over the traditional Method 18, the ASTM method does allow some less 
stringent criteria for accepting GC/MS results than required by Method 
18. Therefore, ASTM D6420-99 is a suitable alternative to Method 18 
only where:
    (1) The target compound(s) are those listed in Section 1.1 of ASTM 
D6420-99, and
    (2) The target concentration is between 150 ppbv and 100 ppmv.
    For target compound(s) not listed in Section 1.1 of ASTM D6420-99, 
but potentially detected by mass spectrometry, the regulation specifies 
that the additional system continuing calibration check after each run, 
as detailed in Section 10.5.3 of the ASTM method, must be followed, 
met, documented, and submitted with the data report even if there is no 
moisture condenser used or the compound is not considered water 
soluble. For target compound(s) not listed in Section 1.1 of ASTM 
D6420-99, and not amenable to detection by mass spectrometry, ASTM 
D6420-99 does not apply.
    As a result, EPA will cite ASTM D6420-99 in this rule. The EPA will 
also cite Method 18 as a gas chromatography (GC) option in addition to 
ASTM D6420-99. This will allow the continued use of GC configurations 
other than GC/MS.
    The search for emissions measurement procedures identified 13 other 
voluntary consensus standards. The EPA determined that these 13 
standards identified for measuring emissions of the HAP or surrogates 
subject to emission standards in these rules were impractical 
alternatives to EPA test methods for the purposes of these rules. 
Therefore, EPA does not intend to adopt these standards for this 
purpose. The reasons for the determinations for the 13 methods are 
discussed in the dockets to the rules.
    Under 63.7(f) and 63.8(f) of subpart A of the General Provisions to 
part 63, 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. In 
addition, EPA Method 301 describes procedures any source may use to 
establish the equivalency of alternatives to any EPA reference method.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. This rule promulgates new source performance 
standards and national emission standards for hazardous air pollutants.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. 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). This rule will be effective on March 18, 2008.

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

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

40 CFR Part 85

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

40 CFR Part 90

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1048

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

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

40 CFR Part 1068

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

    Dated: December 20, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I of the Code 
of Federal Regulations is to be amended 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 is amended as follows:
0
a. By revising paragraph (a)(82);
0
b. By redesignating paragraphs (a)(85) through (a)(90) as paragraphs 
(a)(87) through (a)(92);
0
c. By redesignating paragraph (a)(84) as (a)(85);
0
d. By adding new paragraph (a)(84);
0
e. By adding new paragraph (a)(86);

[[Page 3591]]

0
f. By revising paragraph (h)(4); and
0
g. By adding paragraph (n).
    The revisions and additions read as follows:


Sec.  60.17  Incorporation by Reference

* * * * *
    (82) 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 and table 2 of subpart JJJJ of this part.
* * * * *
    (84) ASTM D6420-99 (Reapproved 2004) Standard Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectrometry, IBR approved for table 2 of subpart 
JJJJ of this part.
* * * * *
    (86) ASTM D6522-00 (Reapproved 2005), Standard Test Method for 
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas-Fired Reciprocating 
Engines, Combustion Turbines, Boilers, and Process Heaters Using 
Portable Analyzers, IBR approved for table 2 of subpart JJJJ of this 
part.
* * * * *
    (h) * * *
    (4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], IBR approved for Tables 1 and 3 of 
subpart EEEE, Tables 2 and 4 of subpart FFFF, Table 2 of subpart JJJJ, 
and Sec. Sec.  60.4415(a)(2) and 60.4415(a)(3) of subpart KKKK of this 
part.
* * * * *
    (n) This material is available for purchase from IHS Inc., 15 
Inverness Way East, Englewood, CO 80112.
    (1) International Organization for Standards 8178-4: 1996(E), 
Reciprocating Internal Combustion Engines--Exhaust Emission 
Measurement--Part 4: Test Cycles for Different Engine Applications, IBR 
approved for Sec.  60.4241(b).
    (2) [Reserved]

Subpart JJJJ--[Amended]

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

Subpart JJJJ--Standards of Performance for Stationary Spark 
Ignition Internal Combustion Engines

Sec.

What This Subpart Covers

60.4230 Am I subject to this subpart?

Emission Standards for Manufacturers

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

Emission Standards for Owners and Operators

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

Other Requirements for Owners and Operators

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

Compliance Requirements for Manufacturers

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

Compliance Requirements for Owners and Operators

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

Testing Requirements for Owners and Operators

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

Notification, Reports, and Records for Owners and Operators

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

General Provisions

60.4246 What parts of the General Provisions apply to me?

Mobile Source Provisions

60.4247 What parts of the mobile source provisions apply to me if I 
am a manufacturer of stationary SI internal combustion engines?

Definitions

60.4248 What definitions apply to this subpart?

Tables to Subpart JJJJ of Part 60

Table 1 to Subpart JJJJ of Part 60--NOX, CO, and VOC 
Emission Standards for Stationary Non-Emergency SI Engines >=100 HP 
(except gasoline and rich burn LPG), Stationary SI Landfill/Digester 
Gas Engines, and Stationary Emergency Engines >25 HP.
Table 2 to Subpart JJJJ of Part 60--Requirements for Performance 
Tests.
Table 3 to Subpart JJJJ of Part 60--Applicability of General 
Provisions to Subpart JJJJ.
Table 4 to Subpart JJJJ of Part 60--Applicability of Mobile Source 
Provisions for Manufacturers Participating in the Voluntary 
Certification Program and Certifying Stationary SI ICE to Emission 
Standards in Table 1 of Subpart JJJJ.

What This Subpart Covers


Sec.  60.4230  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary spark ignition (SI) internal 
combustion engines (ICE) as specified in paragraphs (a)(1) through (5) 
of this section. For the purposes of this subpart, the date that 
construction commences is the date the engine is ordered by the owner 
or operator.
    (1) Manufacturers of stationary SI ICE with a maximum engine power 
less than or equal to 19 kilowatt (KW) (25 horsepower (HP)) that are 
manufactured on or after July 1, 2008.
    (2) Manufacturers of stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) that are gasoline fueled or that are rich 
burn engines fueled by liquefied petroleum gas (LPG), where the date of 
manufacture is:
    (i) On or after July 1, 2008; or
    (ii) On or after January 1, 2009, for emergency engines.
    (3) Manufacturers of stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) that are not gasoline fueled and are not 
rich burn

[[Page 3592]]

engines fueled by LPG, where the manufacturer participates in the 
voluntary manufacturer certification program described in this subpart 
and where the date of manufacture is:
    (i) On or after July 1, 2007, for engines with a maximum engine 
power greater than or equal to 500 HP (except lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 
1,350 HP);
    (ii) On or after January 1, 2008, for lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 
1,350 HP;
    (iii) On or after July 1, 2008, for engines with a maximum engine 
power less than 500 HP; or
    (iv) On or after January 1, 2009, for emergency engines.
    (4) Owners and operators of stationary SI ICE that commence 
construction after June 12, 2006, where the stationary SI ICE are 
manufactured:
    (i) On or after July 1, 2007, for engines with a maximum engine 
power greater than or equal to 500 HP (except lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 
1,350 HP);
    (ii) on or after January 1, 2008, for lean burn engines with a 
maximum engine power greater than or equal to 500 HP and less than 
1,350 HP;
    (iii) on or after July 1, 2008, for engines with a maximum engine 
power less than 500 HP; or
    (iv) on or after January 1, 2009, for emergency engines with a 
maximum engine power greater than 19 KW (25 HP).
    (5) Owners and operators of stationary SI ICE that commence 
modification or reconstruction after June 12, 2006.
    (b) The provisions of this subpart are not applicable to stationary 
SI ICE being tested at an engine test cell/stand.
    (c) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from the obligation to obtain a permit 
under 40 CFR part 70 or 40 CFR part 71, provided you are not required 
to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason 
other than your status as an area source under this subpart. 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart as applicable.
    (d) For the purposes of this subpart, stationary SI ICE using 
alcohol-based fuels are considered gasoline engines.
    (e) Stationary SI ICE 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 parts 90 and 1048, 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.
    (f) Owners and operators of facilities with internal combustion 
engines that are acting as temporary replacement units and that are 
located at a stationary source for less than 1 year and that have been 
properly certified as meeting the standards that would be applicable to 
such engine under the appropriate nonroad engine provisions, are not 
required to meet any other provisions under this subpart with regard to 
such engines.

Emission Standards for Manufacturers


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

    (a) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power less than 
or equal to 19 KW (25 HP) manufactured on or after July 1, 2008, to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 90.
    (b) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) (except emergency stationary ICE with a maximum 
engine power greater than 25 HP and less than 130 HP) that use gasoline 
and that are manufactured on or after the applicable date in Sec.  
60.4230(a)(2), or manufactured on or after the applicable date in Sec.  
60.4230(a)(4) for emergency stationary ICE with a maximum engine power 
greater than or equal to 130 HP, to the certification emission 
standards and other requirements for new nonroad SI engines in 40 CFR 
part 1048. Stationary SI internal combustion engine manufacturers must 
certify their emergency stationary SI ICE greater than 25 HP and less 
than 130 HP that are manufactured on or after the applicable date in 
Sec.  60.4230(a)(4) to the Phase 1 emission standards in 40 CFR 90.103, 
applicable to class II engines, and other requirements for new nonroad 
SI engines in 40 CFR part 90. Stationary SI internal combustion engine 
manufacturers may certify their stationary SI ICE with a maximum engine 
power less than or equal to 30 KW (40 HP) with a total displacement 
less than or equal to 1,000 cubic centimeters (cc) to the certification 
emission standards and other requirements for new nonroad SI engines in 
40 CFR part 90.
    (c) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) (except emergency stationary ICE with a maximum 
engine power greater than 25 HP and less than 130 HP) that are rich 
burn engines that use LPG and that are manufactured on or after the 
applicable date in Sec.  60.4230(a)(2), or manufactured on or after the 
applicable date in Sec.  60.4230(a)(4) for emergency stationary ICE 
with a maximum engine power greater than or equal to 130 HP, to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 1048. Stationary SI internal combustion 
engine manufacturers must certify their emergency stationary SI ICE 
greater than 25 HP and less than 130 HP that are manufactured on or 
after the applicable date in Sec.  60.4230(a)(4) to the Phase 1 
emission standards in 40 CFR 90.103, applicable to class II engines, 
and other requirements for new nonroad SI engines in 40 CFR part 90. 
Stationary SI internal combustion engine manufacturers may certify 
their stationary SI ICE with a maximum engine power less than or equal 
to 30 KW (40 HP) with a total displacement less than or equal to 1,000 
cc to the certification emission standards and other requirements for 
new nonroad SI engines in 40 CFR part 90.
    (d) Stationary SI internal combustion engine manufacturers who 
choose to certify their stationary SI ICE with a maximum engine power 
greater than 19 KW (25 HP) and less than 75 KW (100 HP) (except 
gasoline and rich burn engines that use LPG and emergency stationary 
ICE with a maximum engine power greater than 25 HP and less than 130 
HP) under the voluntary manufacturer certification program described in 
this subpart must certify those engines to the certification emission 
standards for new nonroad SI engines in 40 CFR part 1048. Stationary SI 
internal combustion engine manufacturers who choose to certify their 
emergency stationary SI ICE greater than 25 HP and less than 130 HP, 
must certify those engines to the Phase 1 emission standards in 40 CFR 
90.103, applicable to class II engines, for new nonroad SI engines in 
40 CFR part 90. Stationary SI internal combustion engine manufacturers 
may certify their stationary SI ICE with a maximum engine power less 
than or equal to 30 KW (40 HP) with a total displacement less than or 
equal to 1,000 cc to the certification emission standards for new 
nonroad SI engines in 40 CFR part 90. For stationary SI ICE with a 
maximum engine power greater than 19 KW (25 HP) and less than 75 KW 
(100 HP)

[[Page 3593]]

(except gasoline and rich burn engines that use LPG and emergency 
stationary ICE with a maximum engine power greater than 25 HP and less 
than 130 HP) manufactured prior to January 1, 2011, manufacturers may 
choose to certify these engines to the standards in Table 1 to this 
subpart applicable to engines with a maximum engine power greater than 
or equal to 100 HP and less than 500 HP.
    (e) Stationary SI internal combustion engine manufacturers who 
choose to certify their stationary SI ICE with a maximum engine power 
greater than or equal to 75 KW (100 HP) (except gasoline and rich burn 
engines that use LPG) under the voluntary manufacturer certification 
program described in this subpart must certify those engines to the 
emission standards in Table 1 to this subpart. Stationary SI internal 
combustion engine manufacturers may certify their stationary SI ICE 
with a maximum engine power greater than or equal to 75 KW (100 HP) 
that are lean burn engines that use LPG to the certification emission 
standards for new nonroad SI engines in 40 CFR part 1048. For 
stationary SI ICE with a maximum engine power greater than or equal to 
100 HP (75 KW) and less than 500 HP (373 KW) manufactured prior to 
January 1, 2011, and for stationary SI ICE with a maximum engine power 
greater than or equal to 500 HP (373 KW) manufactured prior to July 1, 
2010, manufacturers may choose to certify these engines to the 
certification emission standards for new nonroad SI engines in 40 CFR 
part 1048 applicable to engines that are not severe duty engines.


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

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

Emission Standards for Owners and Operators


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

    (a) Owners and operators of stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP) manufactured on or after July 
1, 2008, must comply with the emission standards in Sec.  60.4231(a) 
for their stationary SI ICE.
    (b) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) manufactured on or after the 
applicable date in Sec.  60.4230(a)(4) that use gasoline must comply 
with the emission standards in Sec.  60.4231(b) for their stationary SI 
ICE.
    (c) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) manufactured on or after the 
applicable date in Sec.  60.4230(a)(4) that are rich burn engines that 
use LPG must comply with the emission standards in Sec.  60.4231(c) for 
their stationary SI ICE.
    (d) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) and less than 75 KW (100 HP) (except 
gasoline and rich burn engines that use LPG) must comply with the 
emission standards for field testing in 40 CFR 1048.101(c) for their 
non-emergency stationary SI ICE and with the emission standards in 
Table 1 to this subpart for their emergency stationary SI ICE. Owners 
and operators of stationary SI ICE with a maximum engine power greater 
than 19 KW (25 HP) and less than 75 KW (100 HP) manufactured prior to 
January 1, 2011, that were certified to the standards in Table 1 to 
this subpart applicable to engines with a maximum engine power greater 
than or equal to 100 HP and less than 500 HP, may optionally choose to 
meet those standards.
    (e) Owners and operators of stationary SI ICE with a maximum engine 
power greater than or equal to 75 KW (100 HP) (except gasoline and rich 
burn engines that use LPG) must comply with the emission standards in 
Table 1 to this subpart for their stationary SI ICE. For owners and 
operators of stationary SI ICE with a maximum engine power greater than 
or equal to 100 HP (except gasoline and rich burn engines that use LPG) 
manufactured prior to January 1, 2011 that were certified to the 
certification emission standards in 40 CFR part 1048 applicable to 
engines that are not severe duty engines, if such stationary SI ICE was 
certified to a carbon monoxide (CO) standard above the standard in 
Table 1 to this subpart, then the owners and operators may meet the CO 
certification (not field testing) standard for which the engine was 
certified.
    (f) Owners and operators of any modified or reconstructed 
stationary SI ICE subject to this subpart must meet the requirements as 
specified in paragraphs (f)(1) through (5) of this section.
    (1) Owners and operators of stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP), that are modified or 
reconstructed after June 12, 2006, must comply with the same emission 
standards as those specified in paragraph (a) of this section.
    (2) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that use gasoline engines, that are 
modified or reconstructed after June 12, 2006, must comply with the 
same emission standards as those specified in paragraph (b) of this 
section.
    (3) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that are rich burn engines that use 
LPG, that are modified or reconstructed after June 12, 2006, must 
comply with the same emission standards as those specified in paragraph 
(c) of this section.
    (4) Owners and operators of stationary SI natural gas and lean burn 
LPG engines with a maximum engine power greater than 19 KW (25 HP), 
that are modified or reconstructed after June 12, 2006, must comply 
with the same emission standards as those specified in paragraph (d) or 
(e) of this section, except that such owners and operators of non-
emergency engines and emergency engines greater than or equal to 130 HP 
must meet a nitrogen oxides (NOX) emission standard of 3.0 
grams per HP-hour (g/HP-hr), a CO emission standard of 4.0 g/HP-hr (5.0 
g/HP-hr for non-emergency engines less than 100 HP), and a volatile 
organic compounds (VOC) emission standard of 1.0 g/HP-hr, or a 
NOX emission standard of 250 ppmvd at 15 percent oxygen 
(O2), a CO emission standard 540 ppmvd at 15 percent 
O2 (675 ppmvd at 15 percent O2 for non-emergency 
engines less than 100 HP), and a VOC emission standard of 86 ppmvd at 
15 percent O2, where the date of manufacture of the engine 
is:
    (i) Prior to July 1, 2007, for non-emergency engines with a maximum 
engine power greater than or equal to 500 HP;
    (ii) Prior to July 1, 2008, for non-emergency engines with a 
maximum engine power less than 500 HP;
    (iii) Prior to January 1, 2009, for emergency engines.
    (5) Owners and operators of stationary SI landfill/digester gas ICE 
engines with a maximum engine power greater than 19 KW (25 HP), that 
are modified or reconstructed after June 12, 2006, must comply with the 
same emission standards as those specified in paragraph (e) of this 
section for stationary landfill/digester gas engines.
    (g) Owners and operators of stationary SI wellhead gas ICE engines 
may petition the Administrator for approval on a case-by-case basis to 
meet emission standards no less stringent than the emission standards 
that apply to

[[Page 3594]]

stationary emergency SI engines greater than 25 HP and less than 130 HP 
due to the presence of high sulfur levels in the fuel, as specified in 
Table 1 to this subpart. The request must, at a minimum, demonstrate 
that the fuel has high sulfur levels that prevent the use of 
aftertreatment controls and also that the owner has reasonably made all 
attempts possible to obtain an engine that will meet the standards 
without the use of aftertreatment controls. The petition must request 
the most stringent standards reasonably applicable to the engine using 
the fuel.
    (h) Owners and operators of stationary SI ICE that are required to 
meet standards that reference 40 CFR 1048.101 must, if testing their 
engines in use, meet the standards in that section applicable to field 
testing, except as indicated in paragraph (e) of this section.


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

    Owners and operators of stationary SI ICE must operate and maintain 
stationary SI ICE that achieve the emission standards as required in 
Sec.  60.4233 over the entire life of the engine.

Other Requirements for Owners and Operators


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

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


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

    (a) After July 1, 2010, owners and operators may not install 
stationary SI ICE with a maximum engine power of less than 500 HP that 
do not meet the applicable requirements in Sec.  60.4233.
    (b) After July 1, 2009, owners and operators may not install 
stationary SI ICE with a maximum engine power of greater than or equal 
to 500 HP that do not meet the applicable requirements in Sec.  
60.4233, except that lean burn engines with a maximum engine power 
greater than or equal to 500 HP and less than 1,350 HP that do not meet 
the applicable requirements in Sec.  60.4233 may not be installed after 
January 1, 2010.
    (c) For emergency stationary SI ICE with a maximum engine power of 
greater than 19 KW (25 HP), owners and operators may not install 
engines that do not meet the applicable requirements in Sec.  60.4233 
after January 1, 2011.
    (d) In addition to the requirements specified in Sec. Sec.  60.4231 
and 60.4233, it is prohibited to import stationary SI ICE less than or 
equal to 19 KW (25 HP), stationary rich burn LPG SI ICE, and stationary 
gasoline SI ICE that do not meet the applicable requirements specified 
in paragraphs (a), (b), and (c) of this section, after the date 
specified in paragraph (a), (b), and (c) of this section.
    (e) The requirements of this section do not apply to owners and 
operators of stationary SI ICE that have been modified or 
reconstructed, and they do not apply to engines that were removed from 
one existing location and reinstalled at a new location.


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

    (a) Starting on July 1, 2010, if the emergency stationary SI 
internal combustion engine that is greater than or equal to 500 HP that 
was built on or after July 1, 2010, does not meet the standards 
applicable to non-emergency engines, the owner or operator must install 
a non-resettable hour meter.
    (b) Starting on January 1, 2011, if the emergency stationary SI 
internal combustion engine that is greater than or equal to 130 HP and 
less than 500 HP that was built on or after January 1, 2011, does not 
meet the standards applicable to non-emergency engines, the owner or 
operator must install a non-resettable hour meter.
    (c) If you are an owner or operator of an emergency stationary SI 
internal combustion engine that is less than 130 HP, was built on or 
after July 1, 2008, and does not meet the standards applicable to non-
emergency engines, you must install a non-resettable hour meter upon 
startup of your emergency engine.

Compliance Requirements for Manufacturers


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

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


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

    Stationary SI internal combustion engine manufacturers who are 
subject to the emission standards specified in Sec.  60.4231(b) must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 1048, subpart C, and must test their engines as 
specified in that part. Stationary SI internal combustion engine 
manufacturers who certify their stationary SI ICE with a maximum engine 
power less than or equal to 30 KW (40 HP) with a total displacement 
less than or equal to 1,000 cc to the certification emission standards 
and other requirements for new nonroad SI engines in 40 CFR part 90, 
and manufacturers of stationary SI emergency engines that are greater 
than 25 HP and less than 130 HP who meet the Phase 1 standards in 40 
CFR 90.103, applicable to class II engines, must certify their 
stationary SI ICE using the certification procedures required in 40 CFR 
part 90, subpart B, and must test their engines as specified in that 
part.


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

    Stationary SI internal combustion engine manufacturers who are 
subject to the emission standards specified in Sec.  60.4231(c) must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 1048, subpart C, and must test their engines as 
specified in that part. Stationary SI internal combustion engine 
manufacturers who certify their stationary SI ICE with a maximum engine 
power less than or equal to 30 KW (40 HP) with a total displacement 
less than or equal to 1,000 cc to the certification emission standards 
and other requirements for new nonroad SI engines in 40 CFR part 90, 
and manufacturers of emergency engines that are greater than 25 HP and 
less than 130 HP who meet the Phase 1 standards in 40 CFR 90.103, 
applicable to class II engines, must certify their stationary SI ICE 
using the certification procedures required in 40 CFR part 90, subpart 
B, and must test their engines as specified in that part.


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

    (a) Manufacturers of stationary SI internal combustion engines with 
a maximum engine power greater than 19 KW (25 HP) that do not use 
gasoline and

[[Page 3595]]

are not rich burn engines that use LPG can choose to certify their 
engines to the emission standards in Sec.  60.4231(d) or (e), as 
applicable, under the voluntary certification program described in this 
subpart. Manufacturers who certify their engines under the voluntary 
certification program must meet the requirements as specified in 
paragraphs (b) through (g) of this section. In addition, manufacturers 
of stationary SI internal combustion engines who choose to certify 
their engines under the voluntary certification program, must also meet 
the requirements as specified in Sec.  60.4247.
    (b) Manufacturers of engines other than those certified to 
standards in 40 CFR part 90 must certify their stationary SI ICE using 
the certification procedures required in 40 CFR part 1048, subpart C, 
and must follow the same test procedures that apply to large SI nonroad 
engines under 40 CFR part 1048, but must use the D-1 cycle of 
International Organization of Standardization 8178-4: 1996(E) 
(incorporated by reference, see 40 CFR 60.17) or the test cycle 
requirements specified in Table 5 to 40 CFR 1048.505, except that Table 
5 of 40 CFR 1048.505 applies to high load engines only. Stationary SI 
internal combustion engine manufacturers who certify their stationary 
SI ICE with a maximum engine power less than or equal to 30 KW (40 HP) 
with a total displacement less than or equal to 1,000 cc to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 90, and manufacturers of emergency engines 
that are greater than 25 HP and less than 130 HP who meet the Phase 1 
standards in 40 CFR 90.103, applicable to class II engines, must 
certify their stationary SI ICE using the certification procedures 
required in 40 CFR part 90, subpart B, and must test their engines as 
specified in that part.
    (c) Certification of stationary SI ICE to the emission standards 
specified in Sec.  60.4231(d) or (e), as applicable, is voluntary, but 
manufacturers who decide to certify are subject to all of the 
requirements indicated in this subpart with regard to the engines 
included in their certification. Manufacturers must clearly label their 
stationary SI engines as certified or non-certified engines.
    (d) Manufacturers of natural gas fired stationary SI ICE who 
conduct voluntary certification of stationary SI ICE to the emission 
standards specified in Sec.  60.4231(d) or (e), as applicable, must 
certify their engines for operation using fuel that meets the 
definition of pipeline-quality natural gas. The fuel used for 
certifying stationary SI natural gas engines must meet the definition 
of pipeline-quality natural gas as described in Sec.  60.4248. In 
addition, the manufacturer must provide information to the owner and 
operator of the certified stationary SI engine including the 
specifications of the pipeline-quality natural gas to which the engine 
is certified and what adjustments the owner or operator must make to 
the engine when installed in the field to ensure compliance with the 
emission standards.
    (e) Manufacturers of stationary SI ICE that are lean burn engines 
fueled by LPG who conduct voluntary certification of stationary SI ICE 
to the emission standards specified in Sec.  60.4231(d) or (e), as 
applicable, must certify their engines for operation using fuel that 
meets the specifications in 40 CFR 1065.720.
    (f) Manufacturers may certify their engines for operation using 
gaseous fuels in addition to pipeline-quality natural gas; however, the 
manufacturer must specify the properties of that fuel and provide 
testing information showing that the engine will meet the emission 
standards specified in Sec.  60.4231(d) or (e), as applicable, when 
operating on that fuel. The manufacturer must also provide instructions 
for configuring the stationary engine to meet the emission standards on 
fuels that do not meet the pipeline-quality natural gas definition. The 
manufacturer must also provide information to the owner and operator of 
the certified stationary SI engine regarding the configuration that is 
most conducive to reduced emissions where the engine will be operated 
on gaseous fuels with different quality than the fuel that it was 
certified to.
    (g) A stationary SI engine manufacturer may certify an engine 
family solely to the standards applicable to landfill/digester gas 
engines as specified in Sec.  60.4231(d) or (e), as applicable, but 
must certify their engines for operation using landfill/digester gas 
and must add a permanent label stating that the engine is for use only 
in landfill/digester gas applications. The label must be added 
according to the labeling requirements specified in 40 CFR 1048.135(b).
    (h) For purposes of this subpart, when calculating emissions of 
volatile organic compounds, emissions of formaldehyde should not be 
included.


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

    (a) Stationary SI internal combustion engine manufacturers must 
meet the provisions of 40 CFR part 90 or 40 CFR part 1048, as 
applicable, as well as 40 CFR part 1068 for engines that are certified 
to the emission standards in 40 CFR part 1048, except that engines 
certified pursuant to the voluntary certification procedures in Sec.  
60.4241 are subject only to the provisions indicated in Sec.  60.4247 
and are permitted to provide instructions to owners and operators 
allowing for deviations from certified configurations, if such 
deviations are consistent with the provisions of paragraphs Sec.  
60.4241(c) through (f). Labels on engines certified to 40 CFR part 1048 
must refer to stationary engines, rather than or in addition to nonroad 
engines, as appropriate.
    (b) An engine manufacturer certifying an engine family or families 
to standards under this subpart that are identical to standards 
applicable under 40 CFR part 90 or 40 CFR part 1048 for that model year 
may certify any such family that contains both nonroad and stationary 
engines as a single engine family and/or may include any such family 
containing stationary engines in the averaging, banking and trading 
provisions applicable for such engines under those parts.
    (c) Manufacturers of engine families certified to 40 CFR part 1048 
may meet the labeling requirements referred to in paragraph (a) of this 
section for stationary SI ICE by either adding a separate label 
containing the information required in paragraph (a) of this section or 
by adding the words ``and stationary'' after the word ``nonroad'' to 
the label.
    (d) For all engines manufactured on or after January 1, 2011, and 
for all engines with a maximum engine power greater than 25 HP and less 
than 130 HP manufactured on or after July 1, 2008, a stationary SI 
engine manufacturer that certifies an engine family solely to the 
standards applicable to emergency engines must add a permanent label 
stating that the engines in that family are for emergency use only. The 
label must be added according to the labeling requirements specified in 
40 CFR 1048.135(b).
    (e) All stationary SI engines subject to mandatory certification 
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. Stationary SI engines subject to standards in 40 
CFR part 90 may use the provisions in 40 CFR 90.909. Manufacturers of 
stationary engines with a maximum engine power greater than 25 HP that 
are not certified to standards and other requirements under 40 CFR part 
1048 are subject to the

[[Page 3596]]

labeling provisions of 40 CFR 1048.20 pertaining to excluded stationary 
engines.

Compliance Requirements for Owners and Operators


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

    (a) If you are an owner or operator of a stationary SI internal 
combustion engine that is manufactured after July 1, 2008, and must 
comply with the emission standards specified in Sec.  60.4233(a) 
through (c), you must comply by purchasing an engine certified to the 
emission standards in Sec.  60.4231(a) through (c), as applicable, for 
the same engine class and maximum engine power. You must also meet the 
requirements as specified in 40 CFR part 1068, subparts A through D, as 
they apply to you. If you adjust engine settings according to and 
consistent with the manufacturer's instructions, your stationary SI 
internal combustion engine will not be considered out of compliance. In 
addition, you must meet one of the requirements specified in (a)(1) and 
(2) of this section.
    (1) If you operate and maintain the certified stationary SI 
internal combustion engine and control device according to the 
manufacturer's emission-related written instructions, you must keep 
records of conducted maintenance to demonstrate compliance, but no 
performance testing is required if you are an owner or operator.
    (2) If you do not operate and maintain the certified stationary SI 
internal combustion engine and control device according to the 
manufacturer's emission-related written instructions, your engine will 
be considered a non-certified engine, and you must demonstrate 
compliance according to (a)(2)(i) through (iii) of this section, as 
appropriate.
    (i) If you are an owner or operator of a stationary SI internal 
combustion engine less than 100 HP, you must keep a maintenance plan 
and records of conducted maintenance to demonstrate compliance and 
must, to the extent practicable, maintain and operate the engine in a 
manner consistent with good air pollution control practice for 
minimizing emissions, but no performance testing is required if you are 
an owner or operator.
    (ii) If you are an owner or operator of a stationary SI internal 
combustion engine greater than or equal to 100 HP and less than or 
equal to 500 HP, you must keep a maintenance plan and records of 
conducted maintenance and must, to the extent practicable, maintain and 
operate the engine in a manner consistent with good air pollution 
control practice for minimizing emissions. In addition, you must 
conduct an initial performance test within 1 year of engine startup to 
demonstrate compliance.
    (iii) If you are an owner or operator of a stationary SI internal 
combustion engine greater than 500 HP, you must keep a maintenance plan 
and records of conducted maintenance and must, to the extent 
practicable, maintain and operate the engine in a manner consistent 
with good air pollution control practice for minimizing emissions. In 
addition, you must conduct an initial performance test within 1 year of 
engine startup and conduct subsequent performance testing every 8,760 
hours or 3 years, whichever comes first, thereafter to demonstrate 
compliance.
    (b) If you are an owner or operator of a stationary SI internal 
combustion engine and must comply with the emission standards specified 
in Sec.  60.4233(d) or (e), you must demonstrate compliance according 
to one of the methods specified in paragraphs (b)(1) and (2) of this 
section.
    (1) Purchasing an engine certified according to procedures 
specified in this subpart, for the same model year and demonstrating 
compliance according to one of the methods specified in paragraph (a) 
of this section.
    (2) Purchasing a non-certified engine and demonstrating compliance 
with the emission standards specified in Sec.  60.4233(d) or (e) and 
according to the requirements specified in Sec.  60.4244, as 
applicable, and according to paragraphs (b)(2)(i) and (ii) of this 
section.
    (i) If you are an owner or operator of a stationary SI internal 
combustion engine greater than 25 HP and less than or equal to 500 HP, 
you must keep a maintenance plan and records of conducted maintenance 
and must, to the extent practicable, maintain and operate the engine in 
a manner consistent with good air pollution control practice for 
minimizing emissions. In addition, you must conduct an initial 
performance test to demonstrate compliance.
    (ii) If you are an owner or operator of a stationary SI internal 
combustion engine greater than 500 HP, you must keep a maintenance plan 
and records of conducted maintenance and must, to the extent 
practicable, maintain and operate the engine in a manner consistent 
with good air pollution control practice for minimizing emissions. In 
addition, you must conduct an initial performance test and conduct 
subsequent performance testing every 8,760 hours or 3 years, whichever 
comes first, thereafter to demonstrate compliance.
    (c) If you are an owner or operator of a stationary SI internal 
combustion engine that must comply with the emission standards 
specified in Sec.  60.4233(f), you must demonstrate compliance 
according paragraph (b)(2)(i) or (ii) of this section, except that if 
you comply according to paragraph (b)(2)(i) of this section, you 
demonstrate that your non-certified engine complies with the emission 
standards specified in Sec.  60.4233(f).
    (d) Emergency stationary ICE may be operated for the purpose of 
maintenance checks and readiness testing, provided that the tests are 
recommended by Federal, State or local government, the manufacturer, 
the vendor, or the insurance company associated with the engine. 
Maintenance checks and readiness testing of such units is limited to 
100 hours per year. There is no time limit on the use of emergency 
stationary ICE in emergency situations. The owner or operator may 
petition the Administrator for approval of additional hours to be used 
for maintenance checks and readiness testing, but a petition is not 
required if the owner or operator maintains records indicating that 
Federal, State, or local standards require maintenance and testing of 
emergency ICE beyond 100 hours per year. Emergency stationary ICE may 
operate up to 50 hours per year in non-emergency situations, but those 
50 hours are counted towards the 100 hours per year provided for 
maintenance and testing. The 50 hours per year for non-emergency 
situations cannot be used for peak shaving or to generate income for a 
facility to supply power to an electric grid or otherwise supply power 
as part of a financial arrangement with another entity. For owners and 
operators of emergency engines, any operation other than emergency 
operation, maintenance and testing, and operation in non-emergency 
situations for 50 hours per year, as permitted in this section, is 
prohibited.
    (e) Owners and operators of stationary SI natural gas fired engines 
may operate their engines using propane for a maximum of 100 hours per 
year as an alternative fuel solely during emergency operations, but 
must keep records of such use. If propane is used for more than 100 
hours per year in an engine that is not certified to the emission 
standards when using propane, the owners and operators are required to 
conduct a performance test to

[[Page 3597]]

demonstrate compliance with the emission standards of Sec.  60.4233.
    (f) If you are an owner or operator of a stationary SI internal 
combustion engine that is less than or equal to 500 HP and you purchase 
a non-certified engine or you do not operate and maintain your 
certified stationary SI internal combustion engine and control device 
according to the manufacturer's written emission-related instructions, 
you are required to perform initial performance testing as indicated in 
this section, but you are not required to conduct subsequent 
performance testing unless the stationary engine is rebuilt or 
undergoes major repair or maintenance. A rebuilt stationary SI ICE 
means an engine that has been rebuilt as that term is defined in 40 CFR 
94.11(a).
    (g) It is expected that air-to-fuel ratio controllers will be used 
with the operation of three-way catalysts/non-selective catalytic 
reduction. The AFR controller must be maintained and operated 
appropriately in order to ensure proper operation of the engine and 
control device to minimize emissions at all times.
    (h) If you are an owner/operator of an stationary SI internal 
combustion engine with maximum engine power greater than or equal to 
500 HP that is manufactured after July 1, 2007 and before July 1, 2008, 
and must comply with the emission standards specified in sections 
60.4233(b) or (c), you must comply by one of the methods specified in 
paragraphs (h)(1) through (h)(4) of this section.
    (1) Purchasing an engine certified according to 40 CFR part 1048. 
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.

Testing Requirements for Owners and Operators


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

    Owners and operators of stationary SI ICE who conduct performance 
tests must follow the procedures in paragraphs (a) through (f) of this 
section.
    (a) Each performance test must be conducted within 10 percent of 
100 percent peak (or the highest achievable) load and according to the 
requirements in Sec.  60.8 and under the specific conditions that are 
specified by Table 2 to this subpart.
    (b) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  60.8(c). If 
your stationary SI internal combustion engine is non-operational, you 
do not need to startup the engine solely to conduct a performance test; 
however, you must conduct the performance test immediately upon startup 
of the engine.
    (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 be conducted within 10 percent of 100 percent peak (or the 
highest achievable) load and last at least 1 hour.
    (d) To determine compliance with the NOX mass per unit 
output emission limitation, convert the concentration of NOX 
in the engine exhaust using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.000

Where:

ER = Emission rate of NOX in g/HP-hr.
Cd = Measured NOX concentration in parts per 
million by volume (ppmv).
1.912x10-\3\ = Conversion constant for ppm NOX 
to grams per standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per 
hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, horsepower-hour (HP-hr).

    (e) To determine compliance with the CO mass per unit output 
emission limitation, convert the concentration of CO in the engine 
exhaust using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.001

Where:

ER = Emission rate of CO in g/HP-hr.
Cd = Measured CO concentration in ppmv.
1.164x10-\3\ = Conversion constant for ppm CO to grams 
per standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per 
hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

    (f) For purposes of this subpart, when calculating emissions of 
VOC, emissions of formaldehyde should not be included. To determine 
compliance with the VOC mass per unit output emission limitation, 
convert the concentration of VOC in the engine exhaust using Equation 3 
of this section:
[GRAPHIC] [TIFF OMITTED] TR18JA08.002

Where:

ER = Emission rate of VOC in g/HP-hr.
Cd = VOC concentration measured as propane in ppmv.
1.833x10-\3\ = Conversion constant for ppm VOC measured 
as propane, to grams per

[[Page 3598]]

standard cubic meter at 20 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per 
hour, dry basis.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.

    (g) If the owner/operator chooses to measure VOC emissions using 
either Method 18 of 40 CFR part 60, appendix A, or Method 320 of 40 CFR 
part 63, appendix A, then it has the option of correcting the measured 
VOC emissions to account for the potential differences in measured 
values between these methods and Method 25A. The results from Method 18 
and Method 320 can be corrected for response factor differences using 
Equations 4 and 5 of this section. The corrected VOC concentration can 
then be placed on a propane basis using Equation 6 of this section.
[GRAPHIC] [TIFF OMITTED] TR18JA08.003

Where:

RFi = Response factor of compound i when measured with 
EPA Method 25A.
CMi = Measured concentration of compound i in 
ppmv as carbon.
CAi = True concentration of compound i in ppmv 
as carbon.
[GRAPHIC] [TIFF OMITTED] TR18JA08.004

Where:

Ci corr = Concentration of compound i 
corrected to the value that would have been measured by EPA Method 
25A, ppmv as carbon.
Ci meas = Concentration of compound i measured 
by EPA Method 320, ppmv as carbon.
[GRAPHIC] [TIFF OMITTED] TR18JA08.005

Where:

CPeq = Concentration of compound i in mg of propane 
equivalent per DSCM.

Notification, Reports, and Records for Owners and Operators


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

    Owners or operators of stationary SI ICE must meet the following 
notification, reporting and recordkeeping requirements.
    (a) Owners and operators of all stationary SI ICE must keep records 
of the information in paragraphs (a)(1) through (4) of this section.
    (1) All notifications submitted to comply with this subpart and all 
documentation supporting any notification.
    (2) Maintenance conducted on the engine.
    (3) If the stationary SI internal combustion engine is a certified 
engine, documentation from the manufacturer that the engine is 
certified to meet the emission standards and information as required in 
40 CFR parts 90 and 1048.
    (4) If the stationary SI internal combustion engine is not a 
certified engine or is a certified engine operating in a non-certified 
manner and subject to Sec.  60.4243(a)(2), documentation that the 
engine meets the emission standards.
    (b) For all stationary SI emergency ICE greater than or equal to 
500 HP manufactured on or after July 1, 2010, that do not meet the 
standards applicable to non-emergency engines, the owner or operator of 
must keep records of the hours of operation of the engine that is 
recorded through the non-resettable hour meter. For all stationary SI 
emergency ICE greater than or equal to 130 HP and less than 500 HP 
manufactured on or after July 1, 2011 that do not meet the standards 
applicable to non-emergency engines, the owner or operator of must keep 
records of the hours of operation of the engine that is recorded 
through the non-resettable hour meter. For all stationary SI emergency 
ICE greater than 25 HP and less than 130 HP manufactured on or after 
July 1, 2008, that do not meet the standards applicable to non-
emergency engines, the owner or operator of must keep records of the 
hours of operation of the engine that is recorded through the non-
resettable hour meter. The owner or operator must document how many 
hours are spent for emergency operation, including what classified the 
operation as emergency and how many hours are spent for non-emergency 
operation.
    (c) Owners and operators of stationary SI ICE greater than or equal 
to 500 HP that have not been certified by an engine manufacturer to 
meet the emission standards in Sec.  60.4231 must submit an initial 
notification as required in Sec.  60.7(a)(1). The notification must 
include the information in paragraphs (c)(1) through (5) of this 
section.
    (1) Name and address of the owner or operator;
    (2) The address of the affected source;
    (3) Engine information including make, model, engine family, serial 
number, model year, maximum engine power, and engine displacement;
    (4) Emission control equipment; and
    (5) Fuel used.
    (d) Owners and operators of stationary SI ICE that are subject to 
performance testing must submit a copy of each performance test as 
conducted in Sec.  60.4244 within 60 days after the test has been 
completed.

General Provisions


Sec.  60.4246  What parts of the General Provisions apply to me?

    Table 3 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  60.1 through 60.19 apply to you.

Mobile Source Provisions


Sec.  60.4247  What parts of the mobile source provisions apply to me 
if I am a manufacturer of stationary SI internal combustion engines?

    (a) Manufacturers certifying to emission standards in 40 CFR part 
90, including manufacturers certifying emergency engines below 130 HP, 
must meet the provisions of 40 CFR part 90.
    (b) Manufacturers certifying to emission standards in 40 CFR part 
1048 must meet the provisions of 40 CFR part 1048. Manufacturers of 
stationary SI internal combustion engines that are less than 100 HP 
participating in the voluntary certification program must meet the 
requirements in Table 4 to this subpart.
    (c) For manufacturers of stationary SI internal combustion engines 
participating in the voluntary certification program and certifying 
engines to Table 1 to this subpart, Table 4 to this subpart shows which 
parts of the mobile source provisions in 40 CFR parts 1048, 1065, and 
1068 apply to you. Compliance with the deterioration factor provisions 
under 40 CFR 1048.205(n) and 1048.240 will be required for engines 
built new on and after January 1, 2010. Prior to January 1, 2010, 
manufacturers of stationary internal combustion engines participating 
in the voluntary certification program have the option to develop their 
own deterioration factors based on an engineering analysis.

Definitions


Sec.  60.4248  What definitions apply to this subpart?

    As used in this subpart, all terms not defined herein shall have 
the meaning given them in the CAA and in subpart A of this part.
    Certified emissions life means the period during which the engine 
is designed to properly function in terms of reliability and fuel 
consumption, without being remanufactured, specified as a number of 
hours of operation or calendar years, whichever comes first. The values 
for certified emissions life for stationary SI ICE with a maximum 
engine power less than or equal to 19 KW (25 HP) are given in 40 CFR 
90.105. The values for certified emissions life for stationary SI ICE 
with a maximum engine power greater than 19 KW (25 HP) certified to 40 
CFR part 1048 are

[[Page 3599]]

given in 40 CFR 1048.101(g). The certified emissions life for 
stationary SI ICE with a maximum engine power greater than or equal to 
75 KW (100 HP) certified under the voluntary manufacturer certification 
program of this subpart is 5,000 hours or 7 years, whichever comes 
first.
    Certified stationary internal combustion engine means an engine 
that belongs to an engine family that has a certificate of conformity 
that complies with the emission standards and requirements in this 
part, or of 40 CFR part 90 or 40 CFR part 1048, as appropriate.
    Combustion turbine means all equipment, including but not limited 
to the turbine, the fuel, air, lubrication and exhaust gas systems, 
control systems (except emissions control equipment), and any ancillary 
components and sub-components comprising any simple cycle combustion 
turbine, any regenerative/recuperative cycle combustion turbine, the 
combustion turbine portion of any cogeneration cycle combustion system, 
or the combustion turbine portion of any combined cycle steam/electric 
generating system.
    Compression ignition means relating to a type of stationary 
internal combustion engine that is not a spark ignition engine.
    Diesel fuel means any liquid obtained from the distillation of 
petroleum with a boiling point of approximately 150 to 360 degrees 
Celsius. One commonly used form is number 2 distillate oil.
    Digester gas means any gaseous by-product of wastewater treatment 
typically formed through the anaerobic decomposition of organic waste 
materials and composed principally of methane and carbon dioxide 
(CO2).
    Emergency stationary internal combustion engine means any 
stationary internal combustion engine whose operation is limited to 
emergency situations and required testing and maintenance. Examples 
include stationary ICE used to produce power for critical networks or 
equipment (including power supplied to portions of a facility) when 
electric power from the local utility (or the normal power source, if 
the facility runs on its own power production) is interrupted, or 
stationary ICE used to pump water in the case of fire or flood, etc. 
Stationary SI ICE used for peak shaving are not considered emergency 
stationary ICE. Stationary 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.
    Four-stroke engine means any type of engine which completes the 
power cycle in two crankshaft revolutions, with intake and compression 
strokes in the first revolution and power and exhaust strokes in the 
second revolution.
    Gasoline means any fuel sold in any State for use in motor vehicles 
and motor vehicle engines, or nonroad or stationary engines, and 
commonly or commercially known or sold as gasoline.
    Landfill gas means a gaseous by-product of the land application of 
municipal refuse typically formed through the anaerobic decomposition 
of waste materials and composed principally of methane and 
CO2.
    Lean burn engine means any two-stroke or four-stroke spark ignited 
engine that does not meet the definition of a rich burn engine.
    Liquefied petroleum gas means any liquefied hydrocarbon gas 
obtained as a by-product in petroleum refining of natural gas 
production.
    Manufacturer has the meaning given in section 216(1) of the Clean 
Air Act. In general, this term includes any person who manufactures a 
stationary engine for sale in the United States or otherwise introduces 
a new stationary engine into commerce in the United States. This 
includes importers who import stationary engines for resale.
    Maximum engine power means maximum engine power as defined in 40 
CFR 1048.801.
    Model year means either: The calendar year in which the engine was 
originally produced, or the annual new model production period of the 
engine manufacturer if it is different than the calendar year. This 
must include January 1 of the calendar year for which the model year is 
named. It may not begin before January 2 of the previous calendar year, 
and it must end by December 31 of the named calendar year. For an 
engine that is converted to a stationary engine after being placed into 
service as a nonroad or other non-stationary engine, model year means 
the calendar year or new model production period in which the engine 
was originally produced.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
non-hydrocarbon gases found in geologic formations beneath the Earth's 
surface, of which the principal constituent is methane. Natural gas may 
be field or pipeline quality.
    Other internal combustion engine means any internal combustion 
engine, except combustion turbines, which is not a reciprocating 
internal combustion engine or rotary internal combustion engine.
    Pipeline-quality natural gas means a naturally occurring fluid 
mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in 
geological formations beneath the Earth's surface that maintains a 
gaseous state at standard atmospheric temperature and pressure under 
ordinary conditions, and which is provided by a supplier through a 
pipeline. Pipeline-quality natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 950 and 1,100 British thermal units per standard cubic foot.
    Rich burn engine means any four-stroke spark ignited engine where 
the manufacturer's recommended operating air/fuel ratio divided by the 
stoichiometric air/fuel ratio at full load conditions is less than or 
equal to 1.1. Engines originally manufactured as rich burn engines, but 
modified prior to June 12, 2006, with passive emission control 
technology for NOX (such as pre-combustion chambers) will be 
considered lean burn engines. Also, existing engines where there are no 
manufacturer's recommendations regarding air/fuel ratio will be 
considered a rich burn engine if the excess oxygen content of the 
exhaust at full load conditions is less than or equal to 2 percent.
    Rotary internal combustion engine means any internal combustion 
engine which uses rotary motion to convert heat energy into mechanical 
work.
    Spark ignition means relating to either: a gasoline-fueled engine; 
or any other type of engine with a spark plug (or other sparking 
device) and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark ignition engines usually use a 
throttle to regulate intake air flow to control power during normal 
operation. Dual-fuel engines in which a liquid fuel (typically diesel 
fuel) is used for compression ignition and gaseous fuel (typically 
natural gas) is used as the primary fuel at an annual average ratio of 
less than 2 parts diesel fuel to 100 parts total fuel on an energy 
equivalent basis are spark ignition engines.
    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile 
ICE in that a stationary internal combustion engine is

[[Page 3600]]

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.
    Stationary internal combustion engine test cell/stand means an 
engine test cell/stand, as defined in subpart PPPPP of this part, that 
test stationary ICE.
    Stoichiometric means the theoretical air-to-fuel ratio required for 
complete combustion.
    Subpart means 40 CFR part 60, subpart JJJJ.
    Two-stroke engine means a type of engine which completes the power 
cycle in single crankshaft revolution by combining the intake and 
compression operations into one stroke and the power and exhaust 
operations into a second stroke. This system requires auxiliary 
scavenging and inherently runs lean of stoichiometric.
    Volatile organic compounds means volatile organic compounds as 
defined in 40 CFR 51.100(s).
    Voluntary certification program means an optional engine 
certification program that manufacturers of stationary SI internal 
combustion engines with a maximum engine power greater than 19 KW (25 
HP) that do not use gasoline and are not rich burn engines that use LPG 
can choose to participate in to certify their engines to the emission 
standards in Sec.  60.4231(d) or (e), as applicable.

Tables to Subpart JJJJ of Part 60

Table 1 to Subpart JJJJ of Part 60.--NOX, CO, and VOC Emission Standards for Stationary Non-Emergency SI Engines
 [gteqt]100 HP (Except Gasoline and Rich Burn LPG), Stationary SI Landfill/Digester Gas Engines, and Stationary
                                            Emergency Engines >25 HP
----------------------------------------------------------------------------------------------------------------
                                                                              Emission standards \a\
                                                                 -----------------------------------------------
                                   Maximum engine    Manufacture          g/HP-hr             ppmvd at 15% O2
      Engine type and fuel              power            date    -----------------------------------------------
                                                                                                            VOC
                                                                    NOX     CO    VOC\d\    NOX     CO      \d\
----------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas\b\  100<=HP<500.......     7/1/2008     2.0     4.0     1.0     160     540      86
 and Non-Emergency SI Lean Burn                         1/1/2011     1.0     2.0     0.7      82     270      60
 LPG\b\.
Non-Emergency SI Lean Burn       500>=HP<1,350.....     1/1/2008     2.0     4.0     1.0     160     540      86
 Natural Gas and LPG.                                   7/1/2010     1.0     2.0     0.7      82     270      60
Non-Emergency SI Natural Gas     HP[gteqt]500......     7/1/2007     2.0     4.0     1.0     160     540      86
 and Non-Emergency SI Lean Burn  HP[gteqt]500......     7/1/2010     1.0     2.0     0.7      82     270      60
 LPG (except lean burn
 500=>=HP<1,350).
Landfill/Digester Gas (except    HP<500............     7/1/2008     3.0     5.0     1.0     220     610      80
 lean burn 500[gteqt]HP<1,350).                         1/1/2011     2.0     5.0     1.0     150     610      80
                                 HP[gteqt]500......     7/1/2007     3.0     5.0     1.0     220     610      80
                                                        7/1/2010     2.0     5.0     1.0     150     610      80
Landfill/Digester Gas Lean Burn  500[gteqt]HP<1,350     1/1/2008     3.0     5.0     1.0     220     610      80
                                                        7/1/2010     2.0     5.0     1.0     150     610      80
 
Emergency......................  25>HP<130.........     1/1/2009  \c\ 10     387     N/A     N/A     N/A     N/A
                                                                     2.0     4.0     1.0     160     540      86
                                 HP[gteqt]130......
----------------------------------------------------------------------------------------------------------------
\a\ Owners and operators of stationary non-certified SI engines may choose to comply with the emission standards
  in units of either g/HP-hr or ppmvd at 15 percent O2.
\b\ Owners and operators of new or reconstructed non-emergency lean burn SI stationary engines with a site
  rating of greater than or equal to 250 brake HP located at a major source that are meeting the requirements of
  40 CFR part 63, subpart ZZZZ, Table 2A do not have to comply with the CO emission standards of Table 1 of this
  subpart.
\c\ The emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX+HC.
\d\ For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of
  formaldehyde should not be included.


                                         Table 2 to Subpart JJJJ of Part 60.--Requirements for Performance Tests
    [As stated in Sec.   60.4244, you must comply with the following requirements for performance tests within 10 percent of 100 percent peak (or the
                                                                highest achievable) load]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Complying with the                                                                      According to the following
           For each                    requirement to                    You must                        Using                      requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Stationary SI internal      a. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
 combustion engine              NOX in the stationary SI       location and the number of     part 60, Appendix A or ASTM    device, the sampling site
 demonstrating compliance       internal combustion engine     traverse points;               Method D6522-00(2005)\a\.      must be located at the
 according to Sec.   60.4244.   exhaust.                                                                                     outlet of the control
                                                                                                                             device.
                               .............................  ii. Determine the O2           (2) Method 3, 3A, or 3B \b\    (b) Measurements to
                                                               concentration of the           of 40 CFR part 60, appendix    determine O2 concentration
                                                               stationary internal            A or ASTM Method D6522-        must be made at the same
                                                               combustion engine exhaust at   00(2005) \a\.                  time as the measurements
                                                               the sampling port location;                                   for NOX concentration.
                               .............................  iii. Determine the exhaust     (3) Method 2 or 19 of 40 CFR   ............................
                                                               flowrate of the stationary     part 60.
                                                               internal combustion engine
                                                               exhaust;

[[Page 3601]]

 
                               .............................  iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to
                                                               moisture content of the        60, appendix A, Method 320     determine moisture must be
                                                               stationary internal            of 40 CFR part 63, appendix    made at the same time as
                                                               combustion engine exhaust at   A, or ASTM D6348-03            the measurement for NOX
                                                               the sampling port location;    (incorporated by reference,    concentration.
                                                               and                            see Sec.   60.17).
                               .............................  v. Measure NOX at the exhaust  (5) Method 7E of 40 CFR part   (d) Results of this test
                                                               of the stationary internal     60, appendix A, Method D6522-  consist of the average of
                                                               combustion engine.             00(2005) \a\, Method 320 of    the three 1-hour or longer
                                                                                              40 CFR part 63, appendix A,    runs.
                                                                                              or ASTM D6348-03
                                                                                              (incorporated by reference,
                                                                                              see Sec.   60.17).
                               b. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
                                CO in the stationary SI        location and the number of     part 60, Appendix A.           device, the sampling site
                                internal combustion engine     traverse points;                                              must be located at the
                                exhaust.                                                                                     outlet of the control
                                                                                                                             device.
                               .............................  ii. Determine the O2           (2) Method 3, 3A, or 3Bb of    (b) Measurements to
                                                               concentration of the           40 CFR part 60, appendix A     determine O2 concentration
                                                               stationary internal            or ASTM Method D6522-          must be made at the same
                                                               combustion engine exhaust at   00(2005) \a\.                  time as the measurements
                                                               the sampling port location;                                   for CO concentration.
                               .............................  iii. Determine the exhaust     (3) Method 2 or 19 of 40 CFR   ............................
                                                               flowrate of the stationary     part 60.
                                                               internal combustion engine
                                                               exhaust;
                               .............................  iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to
                                                               moisture content of the        60, appendix A, Method 320     determine moisture must be
                                                               stationary internal            of 40 CFR part 63, appendix    made at the same time as
                                                               combustion engine exhaust at   A, or ASTM D6348-03            the measurement for CO
                                                               the sampling port location;    (incorporated by reference,    concentration.
                                                               and                            see Sec.   60.17).
                               .............................  v. Measure CO at the exhaust   (5) Method 10 of 40 CFR part   (d) Results of this test
                                                               of the stationary internal     60, appendix A, ASTM Method    consist of the average of
                                                               combustion engine.             D6522-00(2005) \a\, Method     the three 1-hour or longer
                                                                                              320 of 40 CFR part 63,         runs.
                                                                                              appendix A, or ASTM D 6348-
                                                                                              03 (incorporated by
                                                                                              reference, see Sec.
                                                                                              60.17).
                               c. limit the concentration of  i. Select the sampling port    (1) Method 1 or 1A of 40 CFR   (a) If using a control
                                VOC in the stationary SI       location and the number of     part 60, Appendix A.           device, the sampling site
                                internal combustion engine     traverse points;                                              must be located at the
                                exhaust.                                                                                     outlet of the control
                                                                                                                             device.
                               .............................  ii. Determine the O2           (2) Method 3, 3A, or 3B \b\    (b) Measurements to
                                                               concentration of the           of 40 CFR part 60, appendix    determine O2 concentration
                                                               stationary internal            A or ASTM Method D6522-        must be made at the same
                                                               combustion engine exhaust at   00(2005) \a\.                  time as the measurements
                                                               the sampling port location;                                   for VOC concentration.
                               .............................  iii. Determine the exhaust     (3) Method 2 or 19 of 40 CFR   ............................
                                                               flowrate of the stationary     part 60.
                                                               internal combustion engine
                                                               exhaust;

[[Page 3602]]

 
                               .............................  iv. If necessary, measure      (4) Method 4 of 40 CFR part    (c) Measurements to
                                                               moisture content of the        60, appendix A, Method 320     determine moisture must be
                                                               stationary internal            of 40 CFR part 63, appendix    made at the same time as
                                                               combustion engine exhaust at   A, or ASTM D6348-03            the measurement for VOC
                                                               the sampling port location;    (incorporated by reference,    concentration.
                                                               and                            see Sec.   60.17).
                               .............................  v. Measure VOC at the exhaust  (5) Methods 25A and 18 of 40   (d) Results of this test
                                                               of the stationary internal     CFR part 60, appendix A,       consist of the average of
                                                               combustion engine.             Method 25A with the use of a   the three 1-hour or longer
                                                                                              methane cutter as described    runs.
                                                                                              in 40 CFR 1065.265, Method
                                                                                              18 or 40 CFR part 60,
                                                                                              appendix A,c d Method 320 of
                                                                                              40 CFR part 63, appendix A,
                                                                                              or ASTM D6348-03
                                                                                              (incorporated by reference,
                                                                                              see Sec.   60.17).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ ASTM D6522-00 is incorporated by reference; see 40 CFR 60.17. Also, you may petition the Administrator for approval to use alternative methods for
  portable analyzer.
\b\ You may use ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, for measuring the O2 content of the exhaust gas as an alternative to EPA Method 3B.
\c\ You may use EPA Method 18 of 40 CFR part 60, appendix A, provided that you conduct an adequate presurvey test prior to the emissions test, such as
  the one described in OTM 11 on EPA's Web site (http://www.epa.gov/ttn/emc/prelim/otm11.pdf ).
\d\ You may use ASTM D6420-99 (2004), Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography/Mass
  Spectrometry as an alternative to EPA Method 18 for measuring total nonmethane organic.


            Table 3 to Subpart JJJJ of Part 60.--Applicability of General Provisions to Subpart JJJJ
         [As stated in Sec.   60.4246, you must comply with the following applicable General Provisions]
----------------------------------------------------------------------------------------------------------------
     General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   60.1..........................  General applicability    Yes....................
                                        of the General
                                        Provisions.
Sec.   60.2..........................  Definitions............  Yes....................  Additional terms
                                                                                          defined in Sec.
                                                                                          60.4248.
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.
                                                                                          60.4245.
Sec.   60.8..........................  Performance tests......  Yes....................  Except that Sec.   60.8
                                                                                          only applies to owners
                                                                                          and operators who are
                                                                                          subject to performance
                                                                                          testing in subpart
                                                                                          JJJJ.
Sec.   60.9..........................  Availability of          Yes....................
                                        information.
Sec.   60.10.........................  State Authority........  Yes....................
Sec.   60.11.........................  Compliance with          Yes....................  Requirements are
                                        standards and                                     specified in subpart
                                        maintenance                                       JJJJ.
                                        requirements.
Sec.   60.12.........................  Circumvention..........  Yes....................
Sec.   60.13.........................  Monitoring requirements  No.....................
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     Yes....................
                                        and reporting
                                        requirements.
----------------------------------------------------------------------------------------------------------------


[[Page 3603]]


 Table 4 to Subpart JJJJ of Part 60.--Applicability of Mobile Source Provisions for Manufacturers Participating
   in the Voluntary Certification Program and Certifying Stationary SI ICE to Emission Standards in Table 1 of
                                                  Subpart JJJJ
 [As stated in Sec.   60.4247, you must comply with the following applicable mobile source provisions if you are
a manufacturer participating in the voluntary certification program and certifying stationary SI ICE to emission
                                      standards in Table 1 of Subpart JJJJ]
----------------------------------------------------------------------------------------------------------------
  Mobile source provisions citation      Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
1048 Subpart A.......................  Overview and             Yes....................
                                        Applicability.
1048 Subpart B.......................  Emission Standards and   Yes....................  Except for the specific
                                        Related Requirements.                             sections below.
1048.101.............................  Exhaust Emission         No.....................
                                        Standards.
1048.105.............................  Evaporative Emission     No.....................
                                        Standards.
1048.110.............................  Diagnosing Malfunctions  No.....................
1048.140.............................  Certifying Blue Sky      No.....................
                                        Series Engines.
1048.145.............................  Interim Provisions.....  No.....................
1048 Subpart C.......................  Certifying Engine        Yes....................  Except for the specific
                                        Families.                                         sections below.
1048.205(b)..........................  AECD reporting.........  Yes....................
1048.205(c)..........................  OBD Requirements.......  No.....................
1048.205(n)..........................  Deterioration Factors..  Yes....................  Except as indicated in
                                                                                          60.4247(c).
1048.205(p)(1).......................  Deterioration Factor     Yes....................
                                        Discussion.
1048.205(p)(2).......................  Liquid Fuels as they     No.....................
                                        require.
1048.240(b)(c)(d)....................  Deterioration Factors..  Yes....................
1048 Subpart D.......................  Testing Production-Line  Yes....................
                                        Engines.
1048 Subpart E.......................  Testing In-Use Engines.  No.....................
1048 Subpart F.......................  Test Procedures........  Yes....................
1065.5(a)(4).........................  Raw sampling (refers     Yes....................
                                        reader back to the
                                        specific emissions
                                        regulation for
                                        guidance).
1048 Subpart G.......................  Compliance Provisions..  Yes....................
1048 Subpart H.......................  Reserved...............
1048 Subpart I.......................  Definitions and Other    Yes....................
                                        Reference Information.
1048 Appendix I and II...............  .......................  Yes....................
1065 (all subparts)..................  Engine Testing           Yes....................  Except for the specific
                                        Procedures.                                       section below.
1065.715.............................  Test Fuel                No.....................
                                        Specifications for
                                        Natural Gas.
1068 (all subparts)..................  General Compliance       Yes....................  Except for the specific
                                        Provisions for Nonroad                            sections below.
                                        Programs.
1068.245.............................  Hardship Provisions for  No.....................
                                        Unusual Circumstances.
1068.250.............................  Hardship Provisions for  No.....................
                                        Small-Volume
                                        Manufacturers.
1068.255.............................  Hardship Provisions for  No.....................
                                        Equipment
                                        Manufacturers and
                                        Secondary Engine
                                        Manufacturers.
----------------------------------------------------------------------------------------------------------------

PART 63--[AMENDED]

0
4. The authority citation for part 63 continues to read as follows:

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

Subpart A--[AMENDED]

0
5. Section 63.14 is amended by revising paragraph (b)(27) and adding 
paragraph (b)(64) to read as follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (b) * * *
    (27) ASTM D6522-00, Standard Test Method for Determination of 
Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in 
Emissions from Natural Gas Fired Reciprocating Engines, Combustion 
Turbines, Boilers, and Process Heaters Using Portable Analyzers,\1\ IBR 
approved for Sec.  63.9307(c)(2) and Table 5 to Subpart DDDDD of this 
part.
* * * * *
    (64) ASTM D6522-00 (Reapproved 2005), Standard Test Method for 
Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Concentrations in Emissions from Natural Gas Fired Reciprocating 
Engines, Combustion Turbines, Boilers, and Process Heaters Using 
Portable Analyzers,\1\ IBR approved for Table 4 to Subpart ZZZZ of this 
part.
* * * * *

0
6. Section 63.6580 is revised to read as follows:


Sec.  63.6580  What is the purpose of subpart ZZZZ?

    Subpart ZZZZ establishes national emission limitations and 
operating limitations for hazardous air pollutants (HAP) emitted from 
stationary reciprocating internal combustion engines (RICE) located at 
major and area sources of HAP emissions. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and operating limitations.
0
7. Section 63.6585 is amended by:
0
a. Revising the introductory text;
0
b. Adding paragraph (c);
0
c. Adding paragraph (d); and
0
d. Adding paragraph (e).
    The revision and additions read as follows:

[[Page 3604]]

Sec.  63.6585  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a stationary 
RICE at a major or area source of HAP emissions, except if the 
stationary RICE is being tested at a stationary RICE test cell/stand.
* * * * *
    (c) An area source of HAP emissions is a source that is not a major 
source.
    (d) If you are an owner or operator of an area source subject to 
this subpart, your status as an entity subject to a standard or other 
requirements under this subpart does not subject you to the obligation 
to obtain a permit under 40 CFR part 70 or 71, provided you are not 
required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for 
a reason other than your status as an area source under this subpart. 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart as applicable.
    (e) If you are an owner or operator of a stationary RICE used for 
national security purposes, you may be eligible to request an exemption 
from the requirements of this subpart as described in 40 CFR part 1068, 
subpart C.

0
8. Section 63.6590 is amended by revising paragraphs (a) and (b), and 
adding paragraph (c), to read as follows:


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

* * * * *
    (a) Affected source. An affected source is any existing, new, or 
reconstructed stationary RICE located at a major or area source of HAP 
emissions, excluding stationary RICE being tested at a stationary RICE 
test cell/stand.
    (1) Existing stationary RICE.
    (i) For stationary RICE with a site rating of more than 500 brake 
horsepower (HP) located at a major source of HAP emissions, a 
stationary RICE is existing if you commenced construction or 
reconstruction of the stationary RICE before December 19, 2002.
    (ii) For stationary RICE with a site rating of less than or equal 
to 500 brake HP located at a major source of HAP emissions, a 
stationary RICE is existing if you commenced construction or 
reconstruction of the stationary RICE before June 12, 2006.
    (iii) For stationary RICE located at an area source of HAP 
emissions, a stationary RICE is existing if you commenced construction 
or reconstruction of the stationary RICE before June 12, 2006.
    (iv) A change in ownership of an existing stationary RICE does not 
make that stationary RICE a new or reconstructed stationary RICE.
    (2) New stationary RICE. (i) A stationary RICE with a site rating 
of more than 500 brake HP located at a major source of HAP emissions is 
new if you commenced construction of the stationary RICE on or after 
December 19, 2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is new if you 
commenced construction of the stationary RICE on or after June 12, 
2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is new if you commenced construction of the stationary RICE on or after 
June 12, 2006.
    (3) Reconstructed stationary RICE. (i) A stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions is reconstructed if you meet the definition of reconstruction 
in Sec.  63.2 and reconstruction is commenced on or after December 19, 
2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is 
reconstructed if you meet the definition of reconstruction in Sec.  
63.2 and reconstruction is commenced on or after June 12, 2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is reconstructed if you meet the definition of reconstruction in Sec.  
63.2 and reconstruction is commenced on or after June 12, 2006.
    (b) Stationary RICE subject to limited requirements. (1) An 
affected source which meets either of the criteria in paragraph 
(b)(1)(i) through (ii) of this section does not have to meet the 
requirements of this subpart and of subpart A of this part except for 
the initial notification requirements of Sec.  63.6645(h).
    (i) The stationary RICE is a new or reconstructed emergency 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions; or
    (ii) The stationary RICE is a new or reconstructed limited use 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions.
    (2) A new or reconstructed stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions which 
combusts landfill or digester gas equivalent to 10 percent or more of 
the gross heat input on an annual basis must meet the initial 
notification requirements of Sec.  63.6645(h) and the requirements of 
Sec. Sec.  63.6625(c), 63.6650(g), and 63.6655(c). These stationary 
RICE do not have to meet the emission limitations and operating 
limitations of this subpart.
    (3) A stationary RICE which is an existing spark ignition 4 stroke 
rich burn (4SRB) stationary RICE located at an area source, an existing 
spark ignition 4SRB stationary RICE with a site rating of less than or 
equal to 500 brake HP located at a major source, an existing spark 
ignition 2 stroke lean burn (2SLB) stationary RICE, an existing spark 
ignition 4 stroke lean burn (4SLB) stationary RICE, an existing 
compression ignition (CI) stationary RICE, an existing emergency 
stationary RICE, an existing limited use stationary RICE, or an 
existing stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, does not have to meet the requirements of this subpart and of 
subpart A of this part. No initial notification is necessary.
    (c) Stationary RICE subject to Regulations under 40 CFR Part 60. An 
affected source that is a new or reconstructed stationary RICE located 
at an area source, or is a new or reconstructed stationary RICE located 
at a major source of HAP emissions and is a spark ignition 2 stroke 
lean burn (2SLB) stationary RICE with a site rating of less than 500 
brake HP, a spark ignition 4 stroke lean burn (4SLB) stationary RICE 
with a site rating of less than 250 brake HP, or a 4 stroke rich burn 
(4SRB) stationary RICE with a site rating of less than or equal to 500 
brake HP, a stationary RICE with a site rating of less than or equal to 
500 brake HP which combusts landfill or digester gas equivalent to 10 
percent or more of the gross heat input on an annual basis, an 
emergency or limited use stationary RICE with a site rating of less 
than or equal to 500 brake HP, or a compression ignition (CI) 
stationary RICE with a site rating of less than or equal to 500 brake 
HP, must meet the requirements of this part by meeting the requirements 
of 40 CFR part 60 subpart IIII, for compression ignition engines or 40 
CFR part 60 subpart JJJJ, for spark ignition engines. No further 
requirements apply for such engines under this part.

0
9. Section 63.6595 is amended by revising paragraphs (a) and (b)(2) to 
read as follows:


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

    (a) Affected Sources. (1) If you have an existing stationary RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, you must comply with the

[[Page 3605]]

applicable emission limitations and operating limitations no later than 
June 15, 2007.
    (2) If you start up your new or reconstructed stationary RICE with 
a site rating of more than 500 brake HP located at a major source of 
HAP emissions before August 16, 2004, you must comply with the 
applicable emission limitations and operating limitations in this 
subpart no later than August 16, 2004.
    (3) If you start up your new or reconstructed stationary RICE with 
a site rating of more than 500 brake HP located at a major source of 
HAP emissions after August 16, 2004, you must comply with the 
applicable emission limitations and operating limitations in this 
subpart upon startup of your affected source.
    (4) If you start up your new or reconstructed stationary RICE with 
a site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions before January 18, 2008, you must comply with 
the applicable emission limitations and operating limitations in this 
subpart no later than January 18, 2008.
    (5) If you start up your new or reconstructed stationary RICE with 
a site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions after January 18, 2008, you must comply with 
the applicable emission limitations and operating limitations in this 
subpart upon startup of your affected source.
    (6) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions before January 18, 2008, you 
must comply with the applicable emission limitations and operating 
limitations in this subpart no later than January 18, 2008.
    (7) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions after January 18, 2008, you 
must comply with the applicable emission limitations and operating 
limitations in this subpart upon startup of your affected source.
    (b)* * *
    (2) Any stationary RICE for which construction or reconstruction is 
commenced before your area source becomes a major source of HAP must be 
in compliance with the provisions of this subpart that are applicable 
to RICE located at major sources within 3 years after your area source 
becomes a major source of HAP.
* * * * *

0
10. Section 63.6600 is revised to read as follows:


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

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

0
11. Section 63.6601 is added to read as follows:


Sec.  63.6601  What emission limitations must I meet if I own or 
operate a 4SLB stationary RICE with a site rating of greater than or 
equal to 250 brake HP and less than 500 brake HP located at a major 
source of HAP emissions?

    If you own or operate a new or reconstructed 4SLB stationary RICE 
with a site rating of greater than or equal to 250 and less than or 
equal to 500 brake HP located at major source of HAP emissions 
manufactured on or after January 1, 2008, you must comply with the 
emission limitations in Table 2a to this subpart and the operating 
limitations in Table 2b to this subpart which apply to you.

0
12. Section 63.6610 is amended by:
0
a. Revising the section heading;
0
b. Adding introductory text; and
0
c. Revising paragraphs (a) through (c).
    The revisions and additions read as follows:


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

    If you own or operate a stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions you are 
subject to the requirements of this section.
    (a) You must conduct the initial performance test or other initial 
compliance demonstrations in Table 4 to this subpart that apply to you 
within 180 days after the compliance date that is specified for your 
stationary RICE in Sec.  63.6595 and according to the provisions in 
Sec.  63.7(a)(2).
    (b) If you commenced construction or reconstruction between 
December 19, 2002 and June 15, 2004 and own or operate stationary RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, you must demonstrate initial compliance with either 
the proposed emission limitations or the promulgated emission 
limitations no later than February 10, 2005 or no later than 180 days 
after startup of the source, whichever is later, according to Sec.  
63.7(a)(2)(ix).
    (c) If you commenced construction or reconstruction between 
December 19, 2002 and June 15, 2004 and own or operate stationary RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, and you chose to comply with the proposed emission 
limitations when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limitations by December 13, 2007 or after startup of the 
source, whichever is later, according to Sec.  63.7(a)(2)(ix).
* * * * *

0
13. Section 63.6611 is added to read as follows:


Sec.  63.6611  By what date must I conduct the initial performance 
tests or other initial compliance demonstrations if I own or operate a 
4SLB SI stationary RICE with a site rating of greater than or equal to 
250 and less than or equal to 500 brake HP located at a major source of 
HAP emissions?

    If you own or operate a new or reconstructed 4SLB stationary RICE 
with a site rating of greater than or equal to 250 and less than or 
equal to 500 brake HP located at a major source of HAP emissions, you 
must conduct an

[[Page 3606]]

initial performance test within 240 days after the compliance date that 
is specified for your stationary RICE in Sec.  63.6595 and according to 
the provisions specified in Table 4 to this subpart, as appropriate.

0
14. Section 63.6625 is amended by adding paragraph (d) to read as 
follows:


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

* * * * *
    (d) If you are operating a new or reconstructed emergency 4SLB 
stationary RICE with a site rating of greater than or equal to 250 and 
less than or equal to 500 brake HP located at a major source of HAP 
emissions, you must install a non-resettable hour meter prior to the 
startup of the engine.

0
15. Section 63.6640 is amended by revising paragraph (e) to read as 
follows:


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

* * * * *
    (e) You must also report each instance in which you did not meet 
the requirements in Table 8 to this subpart that apply to you. If you 
own or operate any stationary RICE with a site rating of less than or 
equal to 500 brake HP located at a major source of HAP emissions 
(except new or reconstructed 4SLB engines greater than or equal to 250 
and less than or equal to 500 brake HP), a stationary RICE located at 
an area source of HAP emissions, or any of the following RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the requirements in Table 8 
to this subpart: An existing 2SLB stationary RICE, an existing 4SLB 
stationary RICE, an existing CI stationary RICE, an existing emergency 
stationary RICE, an existing limited use emergency stationary RICE, or 
an existing stationary RICE which fires landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis. If you own or operate any of the following RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the requirements in Table 8 
to this subpart, except for the initial notification requirements: a 
new or reconstructed stationary RICE that combusts landfill gas or 
digester gas equivalent to 10 percent or more of the gross heat input 
on an annual basis, a new or reconstructed emergency stationary RICE, 
or a new or reconstructed limited use stationary RICE.

0
16. Section 63.6645 is revised to read as follows:


Sec.  63.6645  What notifications must I submit and when?

    (a) If you own or operate a stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions or a 
new or reconstructed 4SLB stationary RICE with a site rating of greater 
than or equal to 250 HP located at a major source of HAP emissions, you 
must submit all of the notifications in Sec. Sec.  63.7(b) and (c), 
63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g) and (h) that 
apply to you by the dates specified.
    (b) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions before the effective date of this 
subpart, you must submit an Initial Notification not later than 
December 13, 2004.
    (c) If you start up your new or reconstructed stationary RICE with 
a site rating of more than 500 brake HP located at a major source of 
HAP emissions on or after August 16, 2004, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (d) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE with a site rating of equal to or less than 500 brake 
HP located at a major source of HAP emissions before the effective date 
of this subpart and you are required to submit an initial notification, 
you must submit an Initial Notification not later than July 16, 2008.
    (e) If you start up your new or reconstructed stationary RICE with 
a site rating of equal to or less than 500 brake HP located at a major 
source of HAP emissions on or after March 18, 2008 and you are required 
to submit an initial notification, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (f) If you are required to submit an Initial Notification but are 
otherwise not affected by the requirements of this subpart, in 
accordance with Sec.  63.6590(b), your notification should include the 
information in Sec.  63.9(b)(2)(i) through (v), and a statement that 
your stationary RICE has no additional requirements and explain the 
basis of the exclusion (for example, that it operates exclusively as an 
emergency stationary RICE if it has a site rating of more than 500 
brake HP located at a major source of HAP emissions).
    (g) If you are required to conduct a performance test, you must 
submit a Notification of Intent to conduct a performance test at least 
60 days before the performance test is scheduled to begin as required 
in Sec.  63.7(b)(1).
    (h) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Tables 4 and 5 to this 
subpart, you must submit a Notification of Compliance Status according 
to Sec.  63.9(h)(2)(ii).
    (1) For each initial compliance demonstration required in Table 5 
to this subpart that does not include a performance test, you must 
submit the Notification of Compliance Status before the close of 
business on the 30th day following the completion of the initial 
compliance demonstration.
    (2) For each initial compliance demonstration required in Table 5 
to this subpart that includes a performance test conducted according to 
the requirements in Table 3 to this subpart, you must submit the 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th day following the 
completion of the performance test according to Sec.  63.10(d)(2).

0
17. Section 63.6665 is revised to read as follows:


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

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you. If you own or operate 
any stationary RICE with a site rating of less than or equal to 500 
brake HP located at a major source of HAP emissions (except new or 
reconstructed 4SLB engines greater than or equal to 250 and less than 
or equal to 500 brake HP), a stationary RICE located at an area source 
of HAP emissions, or any of the following RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions, you 
do not need to comply with any of the requirements of the General 
Provisions: An existing 2SLB RICE, an existing 4SLB stationary RICE, an 
existing CI stationary RICE, an existing stationary RICE that combusts 
landfill gas or digester gas equivalent to 10 percent or more of the 
gross heat input on an annual basis, an existing emergency stationary 
RICE, or an existing limited use stationary RICE. If you own or operate 
any of the following RICE with a site rating of more than 500 brake HP 
located at a major source of HAP emissions, you do not need to comply 
with the requirements in the General Provisions except for the initial 
notification requirements: A new stationary RICE that combusts landfill 
gas or digester gas equivalent to 10

[[Page 3607]]

percent or more of the gross heat input on an annual basis, a new 
emergency stationary RICE, or a new limited use stationary RICE.

0
18. Section 63.6675 is amended by:
0
a. Adding definitions of ``Compression Ignition,'' ``Gasoline,'' and 
``Spark ignition'' in alphabetical order;
0
b. Removing the definitions for ``Compression ignition engine'' and 
``Spark ignition engine;'' and
0
c. Revising the definitions of ``Emergency stationary RICE'' and 
``Natural gas;'' to read as follows:


Sec.  63.6675  What definitions apply to this subpart?

* * * * *
    Compression ignition means relating to a type of stationary 
internal combustion engine that is not a spark ignition engine.
* * * * *
    Emergency stationary RICE means any stationary RICE whose operation 
is limited to emergency situations and required testing and 
maintenance. Examples include stationary RICE used to produce power for 
critical networks or equipment (including power supplied to portions of 
a facility) when electric power from the local utility (or the normal 
power source, if the facility runs on its own power production) is 
interrupted, or stationary RICE used to pump water in the case of fire 
or flood, etc. Stationary RICE used for peak shaving are not considered 
emergency stationary RICE. Stationary 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. 
Emergency stationary RICE with a site-rating of more than 500 brake HP 
located at a major source of HAP emissions that were installed prior to 
June 12, 2006, may be operated for the purpose of maintenance checks 
and readiness testing, provided that the tests are recommended by the 
manufacturer, the vendor, or the insurance company associated with the 
engine. Required testing of such units should be minimized, but there 
is no time limit on the use of emergency stationary RICE in emergency 
situations and for routine testing and maintenance. Emergency 
stationary RICE with a site-rating of more than 500 brake HP located at 
a major source of HAP emissions that were installed prior to June 12, 
2006, may also operate an additional 50 hours per year in non-emergency 
situations. Emergency stationary RICE with a site-rating of more than 
500 brake HP located at a major source of HAP emissions that were 
installed on or after June 12, 2006, must comply with requirements 
specified in 40 CFR 60.4243(d).
* * * * *
    Gasoline means any fuel sold in any State for use in motor vehicles 
and motor vehicle engines, or nonroad or stationary engines, and 
commonly or commercially known or sold as gasoline.
* * * * *
    Natural gas means a naturally occurring mixture of hydrocarbon and 
non-hydrocarbon gases found in geologic formations beneath the Earth's 
surface, of which the principal constituent is methane. Natural gas may 
be field or pipeline quality.
* * * * *
    Spark ignition means relating to either: A gasoline-fueled engine; 
or any other type of engine a spark plug (or other sparking device) and 
with operating characteristics significantly similar to the theoretical 
Otto combustion cycle. Spark ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation. 
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is 
used for CI and gaseous fuel (typically natural gas) is used as the 
primary fuel at an annual average ratio of less than 2 parts diesel 
fuel to 100 parts total fuel on an energy equivalent basis are spark 
ignition engines.
* * * * *

0
19. Table 1a to Subpart ZZZZ of part 63 is revised to read as follows:

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


0
20. Table 1b to Subpart ZZZZ of Part 63 is revised to read as follows:

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

[[Page 3608]]

 
4SRB stationary RICE complying with the  b. maintain the temperature of
 requirement to limit the concentration   your stationary RICE exhaust
 of formaldehyde in the stationary RICE   so that the catalyst inlet
 exhaust to 350 ppbvd or less at 15       temperature is greater than or
 percent O2 and using NSCR..              equal to 750[deg]F and less
                                          than or equal to 1250[deg]F.
2. 4SRB stationary RICE complying with   Comply with any operating
 the requirement to reduce formaldehyde   limitations approved by the
 emissions by 76 percent or more (or by   Administrator.
 75 percent or more, if applicable) and
 not using NSCR;.
or.....................................
4SRB stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR..
------------------------------------------------------------------------


0
21. Table 2a to Subpart ZZZZ of Part 63 is revised to read as follows:

 Table 2a to Subpart ZZZZ of Part 63.--Emission Limitations for New and
 Reconstructed 2SLB and Compression Ignition Stationary RICE >500 HP and
4SLB Stationary RICE >=250 HP Located at a Major Source of HAP Emissions
[As stated in Sec.  Sec.   63.6600 and 63.6601, you must comply with the
 following emission limitations for new and reconstructed lean burn and
    new and reconstructed compression ignition stationary RICE at 100
                 percent load plus or minus 10 percent]
------------------------------------------------------------------------
                                           You must meet the following
              For each...                     emission limitation...
------------------------------------------------------------------------
1. 2SLB stationary RICE................  a. reduce CO emissions by 58
                                          percent or more;
                                         or
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 12 ppmvd or
                                          less at 15 percent O2. If you
                                          commenced construction or
                                          reconstruction between
                                          December 19, 2002 and June 15,
                                          2004, you may limit
                                          concentration of formaldehyde
                                          to 17 ppmvd or less at 15
                                          percent O2 until June 15,
                                          2007.
2. 4SLB stationary RICE................  a. reduce CO emissions by 93
                                          percent or more;
                                         or
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 14 ppmvd or
                                          less at 15 percent O2.
3. CI stationary RICE..................  a. reduce CO emissions by 70
                                          percent or more;
                                         or
                                         b. limit concentration of
                                          formaldehyde in the stationary
                                          RICE exhaust to 580 ppbvd or
                                          less at 15 percent O2.
------------------------------------------------------------------------


0
22. Table 2b to Subpart ZZZZ of Part 63 is revised to read as follows:

 Table 2b to Subpart ZZZZ of Part 63.--Operating Limitations for New and
 Reconstructed 2SLB and Compression Ignition Stationary RICE >500 HP and
   4SLB Burn Stationary RICE >=250 HP Located at a Major Source of HAP
                                Emissions
 [As stated in Sec.  Sec.   63.6600, 63.6601, 63.6630, and 63.6640, you
    must comply with the following operating limitations for new and
 reconstructed lean burn and new and reconstructed compression ignition
                               stationary]
------------------------------------------------------------------------
                                           You must meet the following
              For each...                    operating limitation...
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary RICE and CI  a. maintain your catalyst so
 stationary RICE complying with the       that the pressure drop across
 requirement to reduce CO emissions and   the catalyst does not change
 using an oxidation catalyst; or 2SLB     by more than 2 inches of water
 and 4SLB stationary RICE and CI          at 100 percent load plus or
 stationary RICE complying with the       minus 10 percent from the
 requirement to limit the concentration   pressure drop across the
 of formaldehyde in the stationary RICE   catalyst that was measured
 exhaust and using an oxidation           during the initial performance
 catalyst.                                test; and
                                         b. maintain the temperature of
                                          your stationary RICE exhaust
                                          so that the catalyst inlet
                                          temperature is greater than or
                                          equal to 450 [deg]F and less
                                          than or equal to 1350 [deg]F.
2. 2SLB and 4SLB stationary RICE and CI  Comply with any operating
 stationary RICE complying with the       limitations approved by the
 requirement to reduce CO emissions and   Administrator.
 not using an oxidation catalyst; or
 2SLB and 4SLB stationary RICE and CI
 stationary RICE complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst.
------------------------------------------------------------------------


[[Page 3609]]


0
23. Table 4 to subpart ZZZZ of part 63 is revised to read as follows:

                     Table 4 to Subpart ZZZZ of Part 63.--Requirements for Performance Tests
      [As stated in Sec.  Sec.   63.6610, 63.6611, 63.6620, and 63.6640, you must comply with the following
                             requirements for performance tests for stationary RICE]
----------------------------------------------------------------------------------------------------------------
                                  Complying with the                                           According to the
         For each . . .           requirement to . .    You must . . .        Using . . .          following
                                           .                                                  requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI stationary  a. Reduce CO        i. Measure the O2   (1) Portable CO     (a) Using ASTM
 RICE.                             emissions.          at the inlet and    and O2 analyzer.    D6522-00 (2005)
                                                       outlet of the                           \a\ (incorporated
                                                       control device;                         by reference, see
                                                       and.                                    Sec.   63.14).
                                                                                               Measurements to
                                                                                               determine O2 must
                                                                                               be made at the
                                                                                               same time as the
                                                                                               measurements for
                                                                                               CO concentration.
                                                      ii. Measure the CO  (1) Portable CO     (a) Using ASTM
                                                       at the inlet and    and O2 analyzer.    D6522-00 (2005)
                                                       the outlet of the                       \a\ (incorporated
                                                       control device.                         by reference, see
                                                                                               Sec.   63.14) or
                                                                                               Method 10 of 40
                                                                                               CFR, appendix A.
                                                                                               The CO
                                                                                               concentration
                                                                                               must be at 15
                                                                                               percent O2, dry
                                                                                               basis.
2. 4SRB stationary RICE.........  a. Reduce           i. Select the       (1) Method 1 or 1A  (a) Sampling sites
                                   formaldehyde        sampling port       of 40 CFR part      must be located
                                   emissions.          location and the    60, appendix A      at the inlet and
                                                       number of           Sec.                outlet of the
                                                       traverse points;    63.7(d)(1)(i).      control device.
                                                       and.
                                                      ii. Measure O2 at   (1) Method 3 or 3A  (a) Measurements
                                                       the inlet and       or 3B of 40 CFR     to determine O2
                                                       outlet of the       part 60, appendix   concentration
                                                       control device;     A, or ASTM Method   must be made at
                                                       and.                D6522-00 (2005)..   the same time as
                                                                                               the measurements
                                                                                               for formaldehyde
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) Measurements
                                                       moisture content    CFR part 60,        to determine
                                                       at the inlet and    appendix A, or      moisture content
                                                       outlet of the       Test Method 320     must be made at
                                                       control device;     of 40 CFR part      the same time and
                                                       and.                63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formaldehyde at     323 of 40 CFR       concentration
                                                       the inlet and the   part 63, appendix   must be at 15
                                                       outlet of the       A; or ASTM D6348-   percent O2, dry
                                                       control device.     03 \b\, provided    basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
3. Stationary RICE..............  a. Limit the        i. Select the       (1) Method 1 or 1A  (a) If using a
                                   concentration of    sampling port       of 40 CFR part      control device,
                                   formaldehyde in     location and the    60, appendix A      the sampling site
                                   the stationary      number of           Sec.                must be located
                                   RICE exhaust.       traverse points;    63.7(d)(1)(i).      at the outlet of
                                                       and.                                    the control
                                                                                               device.
                                                      ii. Determine the   (1) Method 3 or 3A  (a) Measurements
                                                       O2 concentration    or 3B of 40 CFR     to determine O2
                                                       of the stationary   part 60, appendix   concentration
                                                       RICE exhaust at     A, or ASTM Method   must be made at
                                                       the sampling port   D6522-00 (2005).    the same time and
                                                       location; and.                          location as the
                                                                                               measurements for
                                                                                               formaldehyde
                                                                                               concentration.
                                                      iii. Measure        (1) Method 4 of 40  (a) Measurements
                                                       moisture content    CFR part 60,        to determine
                                                       of the stationary   appendix A, or      moisture content
                                                       RICE exhaust at     Test Method 320     must be made at
                                                       the sampling port   of 40 CFR part      the same time and
                                                       location; and.      63, appendix A,     location as the
                                                                           or ASTM D 6348-03.  measurements for
                                                                                               formaldehyde
                                                                                               concentration.

[[Page 3610]]

 
                                                      iv. Measure         (1) Method 320 or   (a) Formaldehyde
                                                       formaldehyde at     323 of 40 CFR       concentration
                                                       the exhaust of      part 63, appendix   must be at 15
                                                       the stationary      A; or ASTM D6348-   percent O2, dry
                                                       RICE.               03 \b\, provided    basis. Results of
                                                                           in ASTM D6348-03    this test consist
                                                                           Annex A5 (Analyte   of the average of
                                                                           Spiking             the three 1-hour
                                                                           Technique), the     or longer runs.
                                                                           percent R must be
                                                                           greater than or
                                                                           equal to 70 and
                                                                           less than or
                                                                           equal to 130.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
  00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
  Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
  Ann Arbor, MI 48106.
\b\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
  Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
  International, 300 North Zeeb Road, Ann Arbor, MI 48106.


0
24. Table 8 to subpart ZZZZ of part 63 is revised to read as follows:

            Table 8 to Subpart ZZZZ of Part 63.--Applicability of General Provisions to Subpart ZZZZ
         [As stated in Sec.   63.6665, you must comply with the following applicable general provisions]
----------------------------------------------------------------------------------------------------------------
     General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1..........................  General applicability    Yes....................
                                        of the General
                                        Provisions.
Sec.   63.2..........................  Definitions............  Yes....................  Additional terms
                                                                                          defined in Sec.
                                                                                          63.6675.
Sec.   63.3..........................  Units and abbreviations  Yes....................
Sec.   63.4..........................  Prohibited activities    Yes....................
                                        and circumvention.
Sec.   63.5..........................  Construction and         Yes....................
                                        reconstruction.
Sec.   63.6(a).......................  Applicability..........  Yes....................
Sec.   63.6(b)(1)-(4)................  Compliance dates for     Yes....................
                                        new and reconstructed
                                        sources.
Sec.   63.6(b)(5)....................  Notification...........  Yes....................
Sec.   63.6(b)(6)....................  [Reserved].............
Sec.   63.6(b)(7)....................  Compliance dates for     Yes....................
                                        new and reconstructed
                                        area sources that
                                        become major sources.
Sec.   63.6(c)(1)-(2)................  Compliance dates for     Yes....................
                                        existing sources.
Sec.   63.6(c)(3)-(4)................  [Reserved].............
Sec.   36.6(c)(5)....................  Compliance dates for     Yes....................
                                        existing area sources
                                        that become major
                                        sources.
Sec.   63.6(d).......................  [Reserved].............
Sec.   63.6(e)(1)....................  Operation and            Yes....................
                                        maintenance.
Sec.   63.6(e)(2)....................  [Reserved].............
Sec.   63.6(e)(3)....................  Startup, shutdown, and   Yes....................
                                        malfunction plan.
Sec.   63.6(f)(1)....................  Applicability of         Yes....................
                                        standards except
                                        during startup
                                        shutdown malfunction
                                        (SSM).
Sec.   63.6(f)(2)....................  Methods for determining  Yes....................
                                        compliance.
Sec.   63.6(f)(3)....................  Finding of compliance..  Yes....................
Sec.   63.6(g)(1)-(3)................  Use of alternate         Yes....................
                                        standard.
Sec.   63.6(h).......................  Opacity and visible      No.....................  Subpart ZZZZ does not
                                        emission standards.                               contain opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.6(i).......................  Compliance extension     Yes....................
                                        procedures and
                                        criteria.
Sec.   63.6(j).......................  Presidential compliance  Yes....................
                                        exemption.

[[Page 3611]]

 
Sec.   63.7(a)(1)-(2)................  Performance test dates.  Yes....................  Subpart ZZZZ contains
                                                                                          performance test dates
                                                                                          at Sec.  Sec.
                                                                                          63.6610 and 63.6611.
Sec.   63.7(a)(3)....................  CAA section 114          Yes....................
                                        authority.
Sec.   63.7(b)(1)....................  Notification of          Yes....................
                                        performance test.
Sec.   63.7(b)(2)....................  Notification of          Yes....................
                                        rescheduling.
Sec.   63.7(c).......................  Quality assurance/test   Yes....................
                                        plan.
Sec.   63.7(d).......................  Testing facilities.....  Yes....................
Sec.   63.7(e)(1)....................  Conditions for           Yes....................
                                        conducting performance
                                        tests.
Sec.   63.7(e)(2)....................  Conduct of performance   Yes....................  Subpart ZZZZ specifies
                                        tests and reduction of                            test methods at Sec.
                                        data.                                             63.6620.
Sec.   63.7(e)(3)....................  Test run duration......  Yes....................
Sec.   63.7(e)(4)....................  Administrator may        Yes....................
                                        require other testing
                                        under section 114 of
                                        the CAA.
Sec.   63.7(f).......................  Alternative test method  Yes....................
                                        provisions.
Sec.   63.7(g).......................  Performance test data    Yes....................
                                        analysis,
                                        recordkeeping, and
                                        reporting.
Sec.   63.7(h).......................  Waiver of tests........  Yes....................
Sec.   63.8(a)(1)....................  Applicability of         Yes....................  Subpart ZZZZ contains
                                        monitoring                                        specific requirements
                                        requirements.                                     for monitoring at Sec.
                                                                                            63.6625.
Sec.   63.8(a)(2)....................  Performance              Yes....................
                                        specifications.
Sec.   63.8(a)(3)....................  [Reserved].............
Sec.   63.8(a)(4)....................  Monitoring for control   No.....................
                                        devices.
Sec.   63.8(b)(1)....................  Monitoring.............  Yes....................
Sec.   63.8(b)(2)-(3)................  Multiple effluents and   Yes....................
                                        multiple monitoring
                                        systems.
Sec.   63.8(c)(1)....................  Monitoring system        Yes....................
                                        operation and
                                        maintenance.
Sec.   63.8(c)(1)(i).................  Routine and predictable  Yes....................
                                        SSM.
Sec.   63.8(c)(1)(ii)................  SSM not in Startup       Yes....................
                                        Shutdown Malfunction
                                        Plan.
Sec.   63.8(c)(1)(iii)...............  Compliance with          Yes....................
                                        operation and
                                        maintenance
                                        requirements.
Sec.   63.8(c)(2)-(3)................  Monitoring system        Yes....................
                                        installation.
Sec.   63.8(c)(4)....................  Continuous monitoring    Yes....................  Except that subpart
                                        system (CMS)                                      ZZZZ does not require
                                        requirements.                                     Continuous Opacity
                                                                                          Monitoring System
                                                                                          (COMS).
Sec.   63.8(c)(5)....................  COMS minimum procedures  No.....................  Subpart ZZZZ does not
                                                                                          require COMS.
Sec.   63.8(c)(6)-(8)................  CMS requirements.......  Yes....................  Except that subpart
                                                                                          ZZZZ does not require
                                                                                          COMS.
Sec.   63.8(d).......................  CMS quality control....  Yes....................
Sec.   63.8(e).......................  CMS performance          Yes....................  Except for Sec.
                                        evaluation.                                       63.8(e)(5)(ii), which
                                                                                          applies to COMS.
Sec.   63.8(f)(1)-(5)................  Alternative monitoring   Yes....................
                                        method.
Sec.   63.8(f)(6)....................  Alternative to relative  Yes....................
                                        accuracy test.
Sec.   63.8(g).......................  Data reduction.........  Yes....................  Except that provisions
                                                                                          for COMS are not
                                                                                          applicable. Averaging
                                                                                          periods for
                                                                                          demonstrating
                                                                                          compliance are
                                                                                          specified at Sec.
                                                                                          Sec.   63.6635 and
                                                                                          63.6640.
Sec.   63.9(a).......................  Applicability and State  Yes....................
                                        delegation of
                                        notification
                                        requirements.
Sec.   63.9(b)(1)-(5)................  Initial notifications..  Yes....................  Except that Sec.
                                                                                          63.9(b)(3) is
                                                                                          reserved.
Sec.   63.9(c).......................  Request for compliance   Yes....................
                                        extension.
Sec.   63.9(d).......................  Notification of special  Yes....................
                                        compliance
                                        requirements for new
                                        sources.
Sec.   63.9(e).......................  Notification of          Yes....................
                                        performance test.
Sec.   63.9(f).......................  Notification of visible  No.....................  Subpart ZZZZ does not
                                        emission (VE)/opacity                             contain opacity or VE
                                        test.                                             standards.
Sec.   63.9(g)(1)....................  Notification of          Yes....................
                                        performance evaluation.
Sec.   63.9(g)(2)....................  Notification of use of   No.....................  Subpart ZZZZ does not
                                        COMS data.                                        contain opacity or VE
                                                                                          standards.
Sec.   63.9(g)(3)....................  Notification that        Yes....................  If alternative is in
                                        criterion for                                     use.
                                        alternative to RATA is
                                        exceeded.

[[Page 3612]]

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

PART 85--[AMENDED]

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

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


0
26. Section 85.2401 is amended by revising paragraph (a)(13) to read as 
follows:


Sec.  85.2401  To whom do these requirements apply?

    (a) * * *
    (13) Stationary internal combustion engines (See 40 CFR part 60, 
subparts IIII and JJJJ).
* * * * *

0
27. Section 85.2403 is amended by revising paragraph (b)(11) to read as 
follows:


Sec.  85.2403  What definitions apply to this subpart?

* * * * *
    (b) * * *
    (11) 40 CFR part 60, subparts IIII and JJJJ.

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


Sec.  85.2405  How much are the fees?

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

PART 90--[AMENDED]

0
29. The authority citation for part 90 continues to read as follows:

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


0
30. Section 90.1 is amended by adding paragraph (h) to read as follows:


Sec.  90.1  Applicability.

* * * * *
    (h) This part applies as specified in 40 CFR part 60 subpart JJJJ, 
to spark-ignition engines subject to the standards of 40 CFR part 60, 
subpart JJJJ.

0
31. Section 90.107 is amended by adding paragraph (d)(12) to read as 
follows:


Sec.  90.107  Application for certificate.

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

[[Page 3613]]


0
32. Section 90.114 is amended by revising paragraph (c)(7) and adding 
paragraph (g) to read as follows:


Sec.  90.114  Requirement of certification-engine information label.

* * * * *
    (c) * * *
    (7) The statement ``THIS ENGINE CONFORMS TO U.S. EPA REGS FOR 
[MODEL YEAR].'';
* * * * *
    (g) Stationary engines required by 40 CFR part 60, subpart JJJJ, to 
meet the requirements of this part 90 must meet the labeling 
requirements of 40 CFR 60.4242.
0
33. Section 90.201 is revised to read as follows:


Sec.  90.201  Applicability.

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

PART 1048--[AMENDED]

0
34. The authority citation for part 1048 continues to read as follows:

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


0
35. Section 1048.1 is amended by revising paragraph (c) to read as 
follows:


Sec.  1048.1  Does this part apply to me?

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

0
36. Section 1048.20 is amended by revising paragraph (a) introductory 
text, revising paragraph (b)(4) and adding paragraph (c) to read as 
follows:


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

    (a) You must add a permanent label or tag to each new engine you 
produce or import that is excluded under Sec.  1048.1(c) as a 
stationary engine and is not required by 40 CFR part 60, subpart JJJJ, 
to meet the standards and other requirements of this part 1048 that are 
equivalent to the requirements applicable to nonroad SI engines for the 
same model year. To meet labeling requirements, you must do the 
following things:
* * * * *
    (b) * * *
    (4) State: ``THIS ENGINE IS EXCLUDED FROM THE REQUIREMENTS OF 40 
CFR PART 1048 AS A ``STATIONARY ENGINE'' AND THE OWNER/OPERATOR MUST 
COMPLY WITH THE REQUIREMENTS OF 40 CFR PART 60. 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 JJJJ, to 
meet the requirements of this part 1048 must meet the labeling 
requirements of 40 CFR 60.4242.

0
37. Section 1048.101 is amended by adding paragraph (a)(4) to read as 
follows:


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

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

0
38. Section 1048.205 is amended by revising paragraphs (b) and (w) to 
read as follows:


Sec.  1048.205  What must I include in my application?

* * * * *
    (b) Explain how the emission control systems operate. Describe the 
evaporative emission controls, if applicable. Also describe in detail 
all system components for controlling exhaust emissions, including all 
auxiliary emission control devices (AECDs) and all fuel-system 
components you will install on any production or test engine. Identify 
the part number of each component you describe. For this paragraph (b), 
treat as separate AECDs any devices that modulate or activate 
differently from each other. Include sufficient detail to allow us to 
evaluate whether the AECDs are consistent with the defeat device 
prohibition of Sec.  1048.115.
* * * * *
    (w) State whether your certification is intended to include engines 
used in stationary applications. Also state whether your certification 
is limited for certain engines. If this is the case, describe how you 
will prevent use of these engines in applications for which they are 
not certified. This applies for engines such as the following:
    (1) Constant-speed engines.
    (2) Variable-speed engines.
* * * * *

PART 1065--[AMENDED]

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

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


0
40. Section 1065.1 is amended by adding paragraph (a)(6) to read as 
follows:


Sec.  1065.1  Applicability.

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

PART 1068--[AMENDED]

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

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


0
42. Section 1068.1 is amended by adding paragraph (a)(5) to read as 
follows:


Sec.  1068.1  Does this part apply to me?

    (a) * * *
    (5) Stationary spark-ignition engines certified using provisions in 
40 CFR part

[[Page 3614]]

1048, as indicated under 40 CFR part 60, subpart JJJJ.
* * * * *
 [FR Doc. E7-25394 Filed 1-17-08; 8:45 am]
BILLING CODE 6560-50-P