[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Proposed Rules]
[Pages 68808-68815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28342]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2014-0866; FRL-9935-90-OAR]
RIN 2060-AS43


Standards of Performance for Stationary Compression Ignition 
Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
amendments to the standards of performance for stationary compression 
ignition (CI) internal combustion engines to allow manufacturers to 
design the engines so that operators can temporarily override 
performance inducements related to the emission control system for 
stationary CI internal combustion engines operating during emergency 
situations where the operation of the engine or equipment is needed to 
protect human life, and to require compliance with Tier 1 emission 
standards during such emergencies. The EPA is also proposing to amend 
the standards of performance for certain stationary CI internal 
combustion engines located in remote areas of Alaska.

DATES: Comments must be received on or before December 21, 2015.
    Public hearing. If anyone contacts us requesting to speak at a 
public hearing by November 13, 2015, a public hearing will be held on 
November 23, 2015. If you are interested in attending the public 
hearing, contact Ms. Melanie King at (919) 541-2469 or 
[email protected] to verify that a hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0866, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    The EPA requests that you also submit a separate copy of your 
comments to the contact person identified below (see FOR FURTHER 
INFORMATION CONTACT). If the comment includes information you consider 
to be CBI or otherwise protected, you should send a copy of the comment 
that does not contain the information claimed as CBI or otherwise 
protected.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. The EPA also relies on materials in Docket 
ID Nos. EPA-HQ-OAR-2008-0708, EPA-HQ-OAR-2010-0295, and EPA-HQ-OAR-
2011-1032, and incorporates those dockets into the record for this 
proposed rule.
    Although listed in the index, some information is not publicly 
available (e.g., CBI or other information whose disclosure is 
restricted by statute). Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at the EPA Docket Center, 
EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding federal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742. Visit the EPA Docket 
Center homepage at http://www.epa.gov/epahome/dockets.htm for 
additional information about the EPA's public docket.
    In addition to being available in the docket, an electronic copy of 
this proposed rule will be available on the World Wide Web (WWW). 
Following signature, a copy of this proposed rule will be posted at the 
following address: http://www.epa.gov/ttn/atw/icengines/.
    Public hearing: If anyone contacts the EPA requesting a public 
hearing by November 13, 2015, the public hearing will be held on 
November 23, 2015 at the EPA's campus at 109 T.W. Alexander Drive, 
Research Triangle Park, North Carolina. Please contact Ms. Melanie King 
at (919) 541-2469 or at [email protected] to register to speak at 
the hearing or to inquire as to whether or not a hearing will be held.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2469; facsimile number: (919) 541-5450; 
email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Organization of this document. The information presented in this 
preamble is organized as follows:

I. General Background
II. Temporary Override of Inducements in Emergency Situations
    A. Background
    B. Proposed Amendments
III. Remote Areas of Alaska
    A. Background
    B. Proposed Amendments
IV. Impacts of the Proposed Action
    A. Economic Impacts
    B. Environmental Impacts
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review, and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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 (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Background

    On July 11, 2006, the EPA promulgated standards of performance

[[Page 68809]]

for stationary CI internal combustion engines (71 FR 39154). These 
standards, known as new source performance standards (NSPS), implement 
section 111(b) of the Clean Air Act (CAA), and are issued for 
categories of sources that cause, or contribute significantly to, air 
pollution that 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 CI internal combustion engines established limits on 
emissions of particulate matter (PM), nitrogen oxides (NOX), 
carbon monoxide (CO) and non-methane hydrocarbons (NMHC). The emission 
standards are generally modeled after the EPA's standards for nonroad 
and marine diesel engines. The nonroad CI engine standards are phased 
in over several years and have Tiers with increasing levels of 
stringency. The engine model year in which the Tiers take effect varies 
for different size ranges of engines. The Tier 4 final standards for 
new stationary non-emergency and nonroad CI engines generally begin 
with either the 2014 or 2015 model year.
    In 2011, the EPA finalized revisions to the NSPS for stationary CI 
engines that amended the standards for engines with a displacement 
greater than 10 liters per cylinder, and also for engines located in 
remote areas of Alaska (76 FR 37954). In this action, the EPA is 
proposing amendments to the NSPS regarding performance inducements for 
Tier 4 engines and the criteria for defining remote areas of Alaska. 
The proposed amendments are discussed below.

II. Temporary Override of Inducements in Emergency Situations

A. Background

    Many Tier 4 final engines are equipped by the engine manufacturer 
with selective catalytic reduction (SCR) to reduce emissions of 
NOX. The consumable reactant in an SCR system is typically 
supplied as a solution of urea in water known as diesel exhaust fluid 
(DEF). Engines equipped with SCR generally include controls that limit 
the function of the engines if they are operated without DEF, or if the 
engine's electronic control module cannot otherwise confirm that the 
SCR system is properly operating. Such controls are generally called 
``inducements'' because they induce the operator to properly maintain 
the SCR emission control system. In normal circumstances, if 
inducements begin, the engine operator is expected to perform any 
necessary maintenance to avoid shutdown. Manufacturers as well as 
owners and operators of nonroad and stationary CI Tier 4 certified 
engines have raised concerns regarding the inducements being triggered 
and engines shutting down during emergency situations. Triggers could 
include a temporary supply shortage of DEF, a freeze warning, a blocked 
DEF hose, or a disconnected or faulty DEF pump or sensor. These 
inducements can be triggered because of an actual emission problem 
(such as a blocked DEF line or an empty DEF tank), or because of a 
sensor problem that reports a false positive problem even though the 
emission controls are still functioning properly. While the EPA is 
confident that DEF is now widely available and easily obtainable across 
the United States, the EPA is concerned that in emergency 
circumstances, such as the aftermath of storms like Hurricane Sandy or 
Hurricane Katrina, there may be a possibility of temporary disruptions 
in DEF supply, disruptions in communications between operators and 
service centers, or delays in response time for engine repair service. 
In an emergency situation, allowing inducements to impact engine 
performance may endanger human lives for engines that are providing 
life-saving emergency service, such as engines providing emergency 
power for a hospital. As an example, the Johns Hopkins Health System 
indicated that the availability of emergency power ``can be the 
difference between life and death for critically ill patients. 
Disruption of emergency power for any reason could have catastrophic 
results for patients in surgery, for patients on respirators, and for 
patients receiving medical gases, to name a few.'' (See Docket ID No. 
EPA-HQ-OAR-2014-0866.)
    The EPA's existing nonroad and stationary engine compliance 
regulations in 40 CFR 1068.101(b)(1)(ii) allow operators to temporarily 
disable or remove emission controls to address emergency situations, 
with a limited exemption from the prohibition that normally applies for 
tampering with certified engines.\1\ However, until recently, the 
regulations did not allow manufacturers to design the emission controls 
to be disabled or removed in emergency situations. With modern 
electronically controlled engines, many emission controls are 
integrated into the engine's control software, and there is no way for 
the operator to selectively disable emission control software, while 
maintaining engine function. In order to permit engine manufacturers to 
design the emission controls to be disabled or removed in emergency 
situations, the EPA amended the emission standards for nonroad CI 
engines to allow manufacturers of nonroad CI engines to give operators 
the means to temporarily override inducements while operating in 
emergency situations (79 FR 46356, August 8, 2014). At that time, the 
EPA indicated that the amendments did not apply to stationary CI 
engines. Engine manufacturers and owners and operators of stationary CI 
engines have indicated that it would be appropriate to extend the 
provisions to stationary CI engines, since they can also be used in 
emergency situations, and many engines are dual-certified for both 
nonroad and stationary use. To address concerns about stationary CI 
engines shutting down during emergency situations and endangering human 
lives, the EPA is proposing in this action to allow manufacturers of 
stationary CI engines certified to the Tier 4 standards to give 
operators the means to temporarily override inducements while operating 
in qualified emergency situations. The EPA is also proposing to require 
engine operators to meet the Tier 1 emission standard in 40 CFR 89.112 
that applies to the engine's rated power during the qualified emergency 
situation. The specific amendments the EPA is proposing are discussed 
in more detail below. If adopted, these provisions will make available 
stationary engines that will allow operators to use the flexibility 
already provided under 40 CFR 1068.101(b)(1)(ii) to ensure that 
emission controls will not impede the engine from providing life-saving 
emergency service. The flexibility the EPA is adopting is very narrow 
and contains several provisions to ensure the need for the relief.
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    \1\ ``This [tampering] prohibition does not apply in any of the 
following situations: . . . (ii) You need to modify the engine/
equipment to respond to a temporary emergency and you restore it to 
proper functioning as soon as possible.'' 40 CFR 1068.101(b)(1)(ii).
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B. Proposed Amendments

    As discussed previously, on August 8, 2014, the EPA promulgated 
provisions allowing manufacturers of nonroad engines certified to the 
emission standards in 40 CFR part 1039 to give operators the means to 
temporarily override emission control inducements while operating in 
emergency situations, such as those where operation of the engine is 
needed to protect human life (79 FR 46356). These provisions, which are 
codified in 40 CFR 1039.665, allow for auxiliary emission control 
devices (AECDs) that help to ensure proper function of

[[Page 68810]]

engines in emergency situations. AECDs are any element of design that 
senses temperature, motive speed, engine revolutions per minute, 
transmission gear, or any other parameter for the purpose of 
activating, modulating, delaying, or deactivating the operation of any 
part of the emission control system. The provisions of 40 CFR 1039.665 
allow the engine manufacturer to include a dormant feature in the 
engine's control software that could be activated to override emission 
control inducements. In this action, the EPA is proposing to adopt 
those same provisions for stationary CI engines certified to the 
standards in 40 CFR part 1039 and used in qualified emergency 
situations. It is important to emphasize that the EPA is confident that 
Tier 4 engines will function properly in the vast majority of emergency 
situations. Thus, the EPA expects that AECDs allowed under this 
proposed provision will rarely be activated. The EPA is proposing this 
provision merely as a precaution to ensure that stationary CI engines 
can continue to operate in emergencies.
    The proposed amendments allow engine manufacturers to design into 
their stationary CI engines a dormant AECD that can be activated for up 
to 120 engine hours per use during a qualified emergency situation to 
prevent emission controls from interfering with engine operation. The 
EPA is proposing that engine manufacturers can offer, and operators can 
request, re-activations of the AECD for additional time in increments 
of 120 engine hours in cases of a prolonged emergency situation. During 
the emergency situation, the engine must meet the Tier 1 emission 
standard in 40 CFR 89.112 that applies to the engine's rated power. 
Operators activating the AECD will be required to report the incident 
to the engine manufacturers, and engine manufacturers will submit an 
annual report to the EPA summarizing the use of these AECDs during the 
prior year. These proposed amendments are discussed in more detail 
below.
1. Definition of Qualified Emergency Situation
    The EPA is proposing to use the definition of qualified emergency 
situation established in the August 8, 2014, amendments for nonroad 
engines. This definition is found in the introductory text to 40 CFR 
1039.665, and specifies that a qualified emergency situation is one in 
which the condition of an engine's emission controls poses a 
significant direct or indirect risk to human life. An example of a 
direct risk would be an emission control condition that inhibits the 
performance of an engine being used to rescue a person from a life-
threatening situation (for example, providing power to a medical 
facility during an emergency situation). An example of an indirect risk 
would be an emission control condition that inhibits the performance of 
an engine being used to provide electrical power to a data center that 
routes ``911'' emergency response telecommunications.
2. Basic AECD Criteria
    Section 1039.665 specifies provisions allowing for AECDs that are 
necessary to ensure proper function of engines and equipment in 
emergency situations. It also includes specific criteria that the 
engine manufacturer must meet to ensure that any adverse environmental 
impacts are minimized. These criteria are:
     The AECD must be designed so that it cannot be activated 
more than once without the specific permission of the certificate 
holder. Reactivation of the AECD must require the input of a temporary 
code or equivalent security feature.
     The AECD must become inactive within 120 engine hours of 
becoming active. The engine must also include a feature that allows the 
operator to deactivate the AECD once the emergency is over.
     The manufacturer must show that the AECD deactivates 
emission controls (such as inducement strategies) only to the extent 
necessary to address the expected emergency situation.
     The engine controls must be configured to record in non-
volatile electronic memory the total number of activations of the AECD 
for each engine.
     The manufacturer must take appropriate additional steps to 
induce operators to report AECD activation and request resetting of the 
AECD. The EPA recommends including one or more persistent visible and/
or audible alarms that are active from the point when the AECD is 
activated to the point when it is reset.
     The manufacturer must provide purchasers with instructions 
on how to activate the AECD in emergency situations, as well as 
information about penalties for abuse.
3. Emission Standards During Qualified Emergency Situations
    The EPA is proposing to require stationary CI engines to meet 
different emission standards for the very narrow period of operation 
where there is an emergency situation with a risk to human life and the 
owner or operator is warned that the inducement is about to occur. The 
EPA is proposing that the emission standards that apply when the AECD 
is activated during the qualified emergency situation are the Tier 1 
standards in 40 CFR 89.112. Engine manufacturers indicated that meeting 
the Tier 2 or 3 standards in 40 CFR 89.112 is not feasible because the 
base engine used in Tier 4 configurations does not have exhaust gas 
recirculation (EGR), which is the engine design technology used to meet 
the Tier 2 and 3 standards. The EGR is not needed for Tier 4 because 
NOX is controlled by the SCR.\2\ The Tier 1 requirement 
applies only when there is a qualified emergency situation and bypass 
of inducements is necessary to ensure continued operation of the 
engine. Once the emergency situation has ended and the AECD is 
deactivated, the engine must comply with the otherwise applicable 
emission standard specified in 40 CFR 60.4202. Engine manufacturers 
must provide data demonstrating that the engine complies with the Tier 
1 standard when the AECD is activated when applying for certification 
of an engine equipped with an AECD.
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    \2\ See Docket Id No. EPA-HQ-OAR-2014-0866.
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4. Approval, Recordkeeping and Reporting for Engine Manufacturers
    Manufacturers may ask for approval of the use of emergency AECDs at 
any time; however, the EPA encourages manufacturers to obtain 
preliminary approval before submitting an application for 
certification. Otherwise, the EPA's review of the AECD, which may 
include many unique features, may delay the approval of the application 
for certification.
    The manufacturer is required to keep records to document the use of 
emergency AECDs until the end of the calendar year 5 years after the 
onset of the relevant emergency situation. The manufacturer must submit 
an annual compliance report to the EPA within 90 calendar days of the 
end of each calendar year in which it authorizes use of an AECD. The 
annual report must include a description of each AECD activation and 
copies of the reports submitted by owners or operators (or statements 
that an owner or operator did not submit a report, to the extent of the 
manufacturer's knowledge). If an owner or operator fails to report the 
use of an emergency AECD to the manufacturer, the manufacturer, to the 
extent it has been made aware of the AECD activation, must send written 
notification to the operator that failure to meet the submission 
requirements may subject the operator to penalties.

[[Page 68811]]

5. Engine Owner or Operator Requirements
    Owners or operators who purchase engines with this dormant feature 
will receive instructions from the engine manufacturer on how to 
activate the AECD in qualified emergency situations, as well as 
information about penalties for abuse. The EPA would consider 
appropriate use of this feature to be during a situation where 
operation of a stationary CI engine is needed to protect human life (or 
where impaired operation poses a significant direct or indirect risk to 
human life), and temporarily overriding emission controls enables full 
operation of the equipment. The EPA is adopting this provision to give 
operators the means to obtain short-term relief one time without the 
need to contact the engine manufacturer or the EPA. In a qualified 
emergency situation, delaying the activation to obtain approval could 
put lives at risk, and would be unacceptable. However, the EPA retains 
the authority to evaluate, after the fact, whether it was reasonable to 
judge that there was a significant risk to human life to justify the 
activation of the AECD. Where the EPA determines that it was not 
reasonable to judge (1) that there was a significant risk to human 
life; or (2) that the emission control strategy was curtailing the 
ability of the engine to perform, the owner or operator may be subject 
to penalties for tampering with emission controls. The owner or 
operator requirements also include a specific prohibition on operating 
the engine with the AECD beyond the time reasonably needed for such 
operation. The owner or operator may also be subject to penalties for 
tampering if they continue to operate the engine with the AECD once the 
emergency situation has ended or the problem causing the emission 
control strategy to interfere with the performance of the engine has 
been or can reasonably be fixed. Nevertheless, the EPA will consider 
the totality of the circumstances when assessing penalties, and retain 
discretion to reduce penalties where the EPA determines that an owner 
or operator acted in good faith.
    The owner or operator must send a written report to the engine 
manufacturer within 60 calendar days after activating an emergency 
AECD. If any consecutive reactivations occur, this report is still due 
60 calendar days from the first activation. The report must include:
     Contact name, mail and email addresses, and telephone 
number for the responsible company or entity.
     A description of the emergency situation, the location of 
the engine during the emergency, and the contact information for an 
official who can verify the emergency situation (such as a county 
sheriff, fire marshal, or hospital administrator).
     The reason for AECD activation during the emergency 
situation, such as the lack of DEF, or the failure of an emission-
related sensor when the engine was needed to respond to an emergency 
situation.
     The engine's serial number (or equivalent).
     A description of the extent and duration of the engine 
operation while the AECD was active, including a statement describing 
whether or not the AECD was manually deactivated after the emergency 
situation ended.
    Paragraph 1039.665(g) specifies that failure to provide this 
information to the engine manufacturer within the deadline is improper 
use of the AECD and is prohibited.

III. Remote Areas of Alaska

A. Background

1. Original Request From the State of Alaska
    The 2006 final NSPS for CI internal combustion engines included a 
provision that allowed the state of Alaska to submit for EPA approval 
through rulemaking process an alternative plan for implementing the 
requirements of the NSPS for public-sector electric utilities located 
in rural areas of Alaska not accessible by the Federal Aid Highway 
System (FAHS). The alternative plan was required to be based on the 
requirements of section 111 of the CAA, including any increased risks 
to human health and the environment, and was also required to be based 
on the unique circumstances related to remote power generation, 
climatic conditions, and serious economic impacts resulting from 
implementation of the final NSPS.
    The EPA communicated with officials from the state of Alaska on 
several occasions following the promulgation of the 2006 final rule. On 
October 31, 2008, the EPA received Alaska's request for several 
revisions to the NSPS as it pertained to engines located in the remote 
part of Alaska not served by the FAHS.\3\ After reviewing the 
information provided by the state of Alaska, the EPA agreed that the 
circumstances in remote Alaska required special rules. On June 28, 
2011, the EPA promulgated several amendments for engines used in remote 
Alaska (76 FR 37954). The amendments of relevance for this action are 
as follows:
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    \3\ Docket item No. EPA-HQ-OAR-2010-0295-0012.
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     Exempting all pre-2014 model year engines from diesel fuel 
sulfur requirements;
     Allowing owners and operators of stationary CI engines 
located in remote areas of Alaska to use engines certified to marine 
engine standards, rather than land-based nonroad engine standards;
     Removing requirements to meet emission standards that 
would necessitate the use of aftertreatment devices for NOX, 
in particular, SCR, for engines used in remote Alaska (emission 
standards that are not based on the use of aftertreatment devices for 
NOX do apply);
     Removing requirements to meet emission standards that 
would necessitate the use of aftertreatment devices for PM until the 
2014 model year; and
     Allowing the blending of used lubricating oil, in volumes 
of up to 1.75 percent of the total fuel, if the sulfur content of the 
used lubricating oil is less than 200 parts per million (ppm) and the 
used lubricating oil is ``on-spec,'' i.e., it meets the on-
specification levels and properties of 40 CFR 279.11.
    In support of its October 31, 2008, request, the state of Alaska 
noted that remote communities in Alaska that are not accessible by the 
FAHS rely on diesel engines and fuel for electricity. These communities 
are scattered over long distances in remote areas and are not connected 
to population centers by road or power grid. These communities are 
located in the most severe arctic environments in the United States.
    The state of Alaska noted that remote villages in Alaska use 
combined heat and power cogeneration plants, which are vital to their 
economy, given the high cost of fuel and the substantial need for heat 
in that climate. Heat recovery systems are used with diesel engines in 
remote communities to provide heat to community facilities and schools. 
Marine-jacketed diesel engines are used wherever possible because of 
their superior heat recovery and thermal efficiency. The state of 
Alaska indicated that they have noticed great reductions in heat 
recovery when using Tier 3 non-marine engines. The state noted that 
reductions in fuel efficiency will lead to greater fuel use and greater 
emissions from burning extra heating oil. The EPA agreed with the state 
that there are significant benefits from using marine engines, and 
finalized a revision allowing engines in remote Alaska to use marine-
certified engines. However, as the state of Alaska noted, marine-
certified engines,

[[Page 68812]]

particularly those below 800 horsepower (HP), are not required to meet 
more stringent requirements for reduction of PM emissions, which is the 
most significant pollutant of concern in these areas. Therefore, the 
EPA required that owners and operators of 2014 model year and later 
engines in remote areas of Alaska must either be certified to Tier 4 
standards (whether land-based nonroad or marine) or must install PM 
reduction technologies on their engines to achieve at least 85 percent 
reduction in PM.
    The original request from the state of Alaska noted particular 
concern with NOX standards that would likely entail the use 
of SCR in remote Alaska. NOX reductions are particularly 
important in areas where ozone is a concern, because NOX is 
a precursor to ozone. However, the state of Alaska, and remote Alaska 
in particular, does not have any significant ozone problems. Moreover, 
the use of SCR entails the supply, storage, and use of a DEF that needs 
to be used properly in order to achieve the expected emissions 
reductions, and that may have additional operational problems in remote 
arctic climates. As noted above, these villages are scattered over long 
distances in remote areas and are not connected to population centers 
by road or power grid. The villages are located in the most severe 
arctic environments in the United States and they rely on stationary 
diesel engines and fuel for electricity and heating, and these engines 
need to be in working condition, particularly in the winter. The 
availability of DEF in remote villages may be an issue, which is 
notable given the importance of the stationary engines in these 
villages. Furthermore, the costs for the acquisition, storage, and 
handling of the DEF are greater than for engines located elsewhere in 
the United States due to the remote location and severe arctic climate 
of the villages. In order to maintain proper availability of the DEF 
during the harsh winter months, new heated storage vessels may be 
needed at each engine facility, further increasing the compliance costs 
for these remote villages. Given the issues that would need to be 
addressed if SCR were required, and the associated costs of this 
technology when analyzed under NSPS guidelines, the EPA agreed with the 
state of Alaska's argument that it is inappropriate to require such 
standards for stationary engines in remote Alaska \4\ and amended the 
NSPS for stationary CI internal combustion engines to specify that 
owners and operators of new stationary engines in remote areas of 
Alaska do not have to meet the Tier 4 standards for NOX. 
However, owners and operators of model year 2014 and later engines that 
do not meet the Tier 4 p.m. standards would be required to use PM 
aftertreatment that achieves PM reductions of at least 85 percent. The 
use of PM aftertreatment will also achieve reductions in CO and NMHC.
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    \4\ Note that this action applies to stationary engines only; it 
is unlikely that such an approach would be appropriate for mobile 
engines, given that they are less permanent in a village and can 
move in and out of areas as work requires.
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    Finally, regarding allowing owners and operators to blend up to 
1.75 percent used oil into the fuel system, the state noted that there 
are no permitted used oil disposal facilities in remote Alaskan 
communities. The state has developed a cost-effective and reliable 
used-oil blending system that is currently being used in many remote 
Alaskan communities, disposing of the oil in an environmentally 
beneficial manner and capturing the energy content of the used oil. The 
absence of allowable blending would necessitate the shipping out of the 
used oil and would risk improper disposal and storage, as well as 
spills. According to the state, blending waste oil at 1.75 percent or 
less will keep the fuel within American Society for Testing and 
Materials (ASTM) specifications if the sulfur content of the waste oil 
is below 200 ppm. The state acknowledged the need for engines equipped 
with aftertreatment devices to use fuel meeting the sulfur 
requirements. The EPA agreed that the limited blending of used oil into 
the diesel fuel used by stationary engines in remote Alaska is an 
environmentally beneficial manner of disposing of such oil and is of 
little to no concern when kept within appropriate limits. Therefore, 
the EPA finalized amendments that permit the blending of fuel oil at 
such levels for engines in remote Alaska. The used oil must be ``on-
spec,'' i.e., it must meet the on-specification levels and properties 
in 40 CFR 279.11.
2. New Request From the State of Alaska
    On November 28, 2014, the EPA received a new request from the state 
of Alaska, which can be found in the docket for this rulemaking. The 
request asked that the EPA revise the criteria for remote areas of 
Alaska, which were established in the 2011 amendments as areas that are 
not accessible by the FAHS, to also include areas that are accessible 
by the FAHS, but face similar challenges to areas that are not 
accessible. The letter recommended that the EPA adopt the same 
definition for remote areas of Alaska in the NSPS that was adopted in 
the 2013 amendments to the National Emission Standards for Hazardous 
Air Pollutants (NESHAP) for Reciprocating Internal Combustion Engines 
(RICE), which can be found at 40 CFR part 63, subpart ZZZZ. The RICE 
NESHAP definition specifies that engines in areas that are accessible 
by the FAHS can be considered remote if each of the following 
conditions is met: (1) The only connection to the FAHS is through the 
Alaska Marine Highway System, or the stationary CI engine operation is 
within an isolated grid in Alaska that is not connected to the 
statewide electrical grid referred to as the Alaska Railbelt Grid; (2) 
at least 10 percent of the power generated by the engine on an annual 
basis is used for residential purposes; and (3) the generating capacity 
of the facility is less than 12 megawatts, or the engine is used 
exclusively for backup power for renewable energy.\5\
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    \5\ See 40 CFR 63.6603(b).
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    The state of Alaska provided information in a March 2, 2015, letter 
to the EPA to show that the communities in these additional FAHS-
accessible areas face similar challenges to the communities in areas 
that are not accessible by the FAHS, and that the concerns that led to 
the 2011 amendments to the NSPS are also valid for the additional 
areas. As discussed previously, these challenges include 
inaccessibility, expense for DEF transport and storage, risk of engine 
shutdown, shortage of trained operators, and availability and cost of 
Tier 4 engines. The state noted that some of the communities are only 
accessible by road for a few months each year, or only by weekly ferry 
service; the alternative travel method is by floatplane. Thus, the 
delivery of DEF and the travel for engine service technicians to these 
areas would be much more costly than for areas that are not remote. The 
need to heat the DEF in the communities with a severe arctic climate 
would divert heat that is routinely used for space heating. Communities 
in these areas rely on diesel engines for electricity and heating, 
similar to the communities that are in areas that are not accessible by 
the FAHS, and failure of the engine to operate due to a shortage of DEF 
could present a risk to human life. The communities also have 
difficulty finding and retaining trained operators for the engines and 
aftertreatment devices, according to the state of Alaska.\6\
---------------------------------------------------------------------------

    \6\ The state noted in its letter that nonroad engines are 
typically brought in temporarily by contractors and, therefore, the 
concerns raised for stationary engines are not necessarily 
applicable for nonroad engines.

---------------------------------------------------------------------------

[[Page 68813]]

    Based on the information provided by the state, the EPA agrees that 
the circumstances that warranted different emission standards for new 
stationary CI internal combustion engines in areas of Alaska that are 
not accessible by the FAHS are also present in the additional FAHS-
accessible remote areas identified in the RICE NESHAP definition.

B. Proposed Amendments

    The EPA is proposing an amendment to the NSPS for stationary CI 
internal combustion engines that would align the definition of remote 
areas of Alaska with the definition currently used in the RICE NESHAP. 
The amendments specify that engines in areas that are accessible by the 
FAHS can be considered remote if each of the following conditions is 
met: (1) The only connection to the FAHS is through the Alaska Marine 
Highway System, or the stationary CI engine operation is within an 
isolated grid in Alaska that is not connected to the statewide 
electrical grid referred to as the Alaska Railbelt Grid; (2) at least 
10 percent of the power generated by the engine on an annual basis is 
used for residential purposes; and (3) the generating capacity of the 
facility is less than 12 megawatts, or the engine is used exclusively 
for backup power for renewable energy. The Alaska Railbelt Grid is 
defined as the service areas of the six regulated public utilities that 
extend from Fairbanks to Anchorage and the Kenai Peninsula. These 
utilities are Golden Valley Electric Association; Chugach Electric 
Association; Matanuska Electric Association; Homer Electric 
Association; Anchorage Municipal Light & Power; and the City of Seward 
Electric System.
    The following provisions that are currently present in the NSPS for 
stationary CI internal combustion engines for engines that are located 
in areas of Alaska that are not accessible by the FAHS will be extended 
to stationary CI internal combustion engines located in the areas 
identified above:
     Exemption for all pre-2014 model year engines from diesel 
fuel sulfur requirements;
     Allowance for owners and operators of stationary CI 
engines to use engines certified to marine engine standards, rather 
than land-based nonroad engine standards;
     No requirement to meet emission standards that would 
necessitate the use of aftertreatment devices for NOX, in 
particular, SCR (emission standards that are not based on the use of 
aftertreatment devices for NOX will apply);
     No requirement to meet emission standards that would 
necessitate the use of aftertreatment devices for PM until the 2014 
model year; and
     Allowance for the blending of used lubricating oil, in 
volumes of up to 1.75 percent of the total fuel, if the sulfur content 
of the used lubricating oil is less than 200 ppm and the used 
lubricating oil is ``on-spec,'' i.e., it meets the on-specification 
levels and properties of 40 CFR 279.11.

IV. Impacts of the Proposed Action

A. Economic Impacts

    The EPA does not expect any significant economic impacts as a 
result of this proposed rule. A significant economic impact for the 
amendment allowing the temporary override of inducements in emergency 
situations is not anticipated because AECDs are expected to be 
activated rarely (if ever), and, thus, the impacts to affected sources 
and consumers of affected output will be minimal.
    The economic impact from the change to the criteria for remote 
areas of Alaska will be a cost savings for owners or operators of 
engines that are located in the additional areas that will now be 
considered remote. The precise savings depends on the number and size 
of engines that will be installed each year. Information provided by 
the Alaska Energy Authority indicated that one to two new engines are 
expected to be installed each year. Information provided by the state 
of Alaska indicated that the expected initial capital cost savings per 
engine ranges from $28,000 to $163,000, depending on the size of the 
engine. There will also be annual operating and maintenance cost 
savings due to avoidance of the need to obtain and store DEF.

B. Environmental Impacts

    The EPA does not expect any significant environmental impacts as a 
result of the proposed amendment to allow a temporary override of 
inducements in emergency situations. The AECDs are expected to be 
activated rarely (if ever) and will only affect emissions for a very 
short period.
    The EPA also does not expect significant environmental impacts as a 
result of the proposed amendments to the criteria for remote areas of 
Alaska. As an example, allowing the use of a Tier 3 engine instead of a 
Tier 4 engine would result in less reductions for a 250 HP stationary 
CI engine of 5.4 tons per year (tpy) of NOX, 0.1 tpy of 
NMHC, 1.6 tpy of CO, and 0.3 tpy of PM, assuming the engine operates 
full time (8,760 hours per year).\7\ As stated previously, the state of 
Alaska estimates that only one to two new engines will be installed 
each year in the additional remote areas.
---------------------------------------------------------------------------

    \7\ Estimates are based on Tier 3 and Tier 4 emission factors 
for a 175-300 HP engine provided in Table A4 of Exhaust and 
Crankcase Emission Factors for Nonroad Engine Modeling--Compression-
Ignition. NR-009d. Assessment and Standards Division, Office of 
Transportation and Air Quality. U.S. Environmental Protection 
Agency. EPA-420-R-10-018. July 2010. http://www.epa.gov/otaq/models/nonrdmdl/nonrdmdl2010/420r10018.pdf.
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0590. The proposed regulatory relief for stationary 
CI engines would be voluntary and optional.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. As mentioned earlier in this preamble, 
the EPA is harmonizing the NSPS for stationary CI engines in this 
action with an existing rule issued by the EPA for nonroad CI engines. 
Thus, this action is reducing regulatory impacts to small entities as 
well as other affected entities. The EPA is also including additional 
remote areas of Alaska in the regulatory flexibility provisions already 
in the rule for remote areas of Alaska, which further reduces the 
burden of the existing rule on small entities and other

[[Page 68814]]

affected entities. We have, therefore, concluded that this action will 
relieve regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector. This action does 
not contain a federal mandate that may result in expenditures of $100 
million or more for the private sector in any one year. Engine 
manufacturers have the flexibility to choose whether or not to use 
optional AECDs.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action 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, as specified in 
Executive Order 13175. This proposed rule would impose compliance costs 
primarily on engine manufacturers, depending on the extent to which 
they take advantage of the flexibilities offered. The proposed 
amendments to expand the areas that are considered remote areas of 
Alaska would reduce the compliance costs for owners and operators of 
stationary engines in those areas. Thus, Executive Order 13175 does not 
apply to this action.

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

    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes this action will not have potential 
disproportionately high and adverse human health or environmental 
effects on minority, low-income, or indigenous populations. The 
provisions being proposed in this action are designed to eliminate 
risks to human life and are expected to be used rarely, if at all, and 
will only affect emissions for a very short period. Other changes the 
EPA is proposing to make have minimal effect on emissions.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: October 30, 2015.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
60 of the Code of the Federal Regulations is proposed to be amended as 
follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

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

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

0
2. Amend Sec.  60.4201 by revising paragraph (f)(1) and adding 
paragraph (h) to read as follows:


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

* * * * *
    (f) * * *
    (1) Remote areas of Alaska; and
* * * * *
    (h) Stationary CI ICE certified to the standards in 40 CFR part 
1039 and equipped with auxiliary emission control devices (AECDs) as 
specified in 40 CFR 1039.665 must meet the Tier 1 certification 
emission standards for new nonroad CI engines in 40 CFR 89.112 while 
the AECD is activated during a qualified emergency situation. When the 
qualified emergency situation has ended and the AECD is deactivated, 
the engine must resume meeting the otherwise applicable emission 
standard specified in this section.
0
3. Amend Sec.  60.4202 by revising paragraph (g)(1) to read as follows:


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

* * * * *
    (g) * * *
    (1) Remote areas of Alaska; and
* * * * *
0
4. Amend Sec.  60.4204 by adding paragraph (f) to read as follows:


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

* * * * *
    (f) Owners and operators of stationary CI ICE certified to the 
standards in 40 CFR part 1039 and equipped with AECDs as specified in 
40 CFR 1039.665 must meet the Tier 1 certification emission standards 
for new nonroad CI engines in 40 CFR 89.112 while the AECD is activated 
during a qualified emergency situation. A qualified emergency situation 
is defined in 40 CFR 1039.665. When the qualified emergency situation 
has ended and the AECD is deactivated, the engine must resume meeting 
the otherwise applicable emission standard specified in this section.
0
5. Amend Sec.  60.4210 by adding paragraph (j) to read as follows:


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

* * * * *
    (j) Stationary CI ICE manufacturers may equip their stationary CI 
internal combustion engines certified to the emission standards in 40 
CFR part 1039 with AECDs for qualified emergency situations according 
to the requirements

[[Page 68815]]

of 40 CFR 1039.665. Manufacturers of stationary CI ICE equipped with 
AECDs as allowed by 40 CFR 1039.665 must meet all of the requirements 
in 40 CFR 1039.665 that apply to manufacturers. Manufacturers must 
provide data demonstrating that the engine complies with the Tier 1 
standard in 40 CFR 89.112 when the AECD is activated when applying for 
certification of an engine equipped with an AECD as allowed by 40 CFR 
1039.665.
0
6. Amend Sec.  60.4211 by adding paragraph (h) to read as follows:


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

* * * * *
    (h) The requirements for operators and prohibited acts specified in 
40 CFR 1039.665 apply to owners or operators of stationary CI ICE 
equipped with AECDs for qualified emergency situations as allowed by 40 
CFR 1039.665.
0
7. Amend Sec.  60.4214 by adding paragraph (e) to read as follows:


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

* * * * *
    (e) Owners or operators of stationary CI ICE equipped with AECDs 
pursuant to the requirements of 40 CFR 1039.665 must report the use of 
AECDs as required by 40 CFR 1039.665(e).
0
8. Amend Sec.  60.4216 by revising paragraphs (b) through (d) and (f) 
as follows:


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

* * * * *
    (b) Except as indicated in paragraph (c) of this section, 
manufacturers, owners and operators of stationary CI ICE with a 
displacement of less than 10 liters per cylinder located in remote 
areas of Alaska may meet the requirements of this subpart by 
manufacturing and installing engines meeting the requirements of 40 CFR 
parts 94 or 1042, as appropriate, rather than the otherwise applicable 
requirements of 40 CFR parts 89 and 1039, as indicated in sections 
Sec. Sec.  60.4201(f) and 60.4202(g) of this subpart.
    (c) Manufacturers, owners and operators of stationary CI ICE that 
are located in remote areas of Alaska may choose to meet the applicable 
emission standards for emergency engines in Sec. Sec.  60.4202 and 
60.4205, and not those for non-emergency engines in Sec. Sec.  60.4201 
and 60.4204, except that for 2014 model year and later non-emergency CI 
ICE, the owner or operator of any such engine that was not certified as 
meeting Tier 4 p.m. standards, must meet the applicable requirements 
for PM in Sec. Sec.  60.4201 and 60.4204 or install a PM emission 
control device that achieves PM emission reductions of 85 percent, or 
60 percent for engines with a displacement of greater than or equal to 
30 liters per cylinder, compared to engine-out emissions.
    (d) The provisions of Sec.  60.4207 do not apply to owners and 
operators of pre-2014 model year stationary CI ICE subject to this 
subpart that are located in remote areas of Alaska.
* * * * *
    (f) The provisions of this section and Sec.  60.4207 do not prevent 
owners and operators of stationary CI ICE subject to this subpart that 
are located in remote areas of Alaska from using fuels mixed with used 
lubricating oil, in volumes of up to 1.75 percent of the total fuel. 
The sulfur content of the used lubricating oil must be less than 200 
parts per million. The used lubricating oil must meet the on-
specification levels and properties for used oil in 40 CFR 279.11.
0
9. Amend Sec.  60.4219 by adding in alphabetical order the definitions 
for ``Alaska Railbelt Grid'' and ``Remote areas of Alaska'' to read as 
follows:


Sec.  60.4219  What definitions apply to this subpart?

* * * * *
    Alaska Railbelt Grid means the service areas of the six regulated 
public utilities that extend from Fairbanks to Anchorage and the Kenai 
Peninsula. These utilities are Golden Valley Electric Association; 
Chugach Electric Association; Matanuska Electric Association; Homer 
Electric Association; Anchorage Municipal Light & Power; and the City 
of Seward Electric System.
* * * * *
    Remote areas of Alaska means areas of Alaska that meet either 
paragraph (1) or (2) of this definition.
    (1) Areas of Alaska that are not accessible by the Federal Aid 
Highway System (FAHS).
    (2) Areas of Alaska that meet all of the following criteria:
    (i) The only connection to the FAHS is through the Alaska Marine 
Highway System, or the stationary CI ICE operation is within an 
isolated grid in Alaska that is not connected to the statewide 
electrical grid referred to as the Alaska Railbelt Grid.
    (ii) At least 10 percent of the power generated by the stationary 
CI ICE on an annual basis is used for residential purposes.
    (iii) The generating capacity of the source is less than 12 
megawatts, or the stationary CI ICE is used exclusively for backup 
power for renewable energy.
* * * * *
[FR Doc. 2015-28342 Filed 11-5-15; 8:45 am]
 BILLING CODE 6560-50-P