[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Proposed Rules]
[Pages 39870-39904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13338]
[[Page 39869]]
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Part II
Environmental Protection Agency
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40 CFR Parts 60, 85, 89, et al.
Standards of Performance for Stationary Compression Ignition Internal
Combustion Engines; Proposed Rule
Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 /
Proposed Rules
[[Page 39870]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 85, 89, 94, 1039, 1065 and 1068
[OAR-2005-0029, FRL-7934-4]
RIN 2060-AM82
Standards of Performance for Stationary Compression Ignition
Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes standards of performance for stationary
compression ignition (CI) internal combustion engines (ICE). These
standards implement section 111(b) of the Clean Air Act (CAA) and are
based on the Administrator's determination that stationary CI ICE
cause, or contribute significantly to, air pollution that may
reasonably be anticipated to endanger public health or welfare. The
intended effect of the standards is to require all new, modified, and
reconstructed stationary CI ICE to use the best demonstrated system of
continuous emission reduction, considering costs, non-air quality
health, and environmental and energy impacts, not just with add-on
controls, but also by eliminating or reducing the formation of these
pollutants. The proposed standards would reduce nitrogen oxides
(NOX) by an estimated 38,000 tons per year (tpy),
particulate matter (PM) by an estimated 3,000 tpy, sulfur dioxide
(SO2) by an estimated 9,000 tpy, non-methane hydrocarbons
(NMHC) by an estimated 600 tpy, and carbon monoxide (CO) by an
estimated 18,000 tpy in the year 2015.
DATES: Comments. Submit comments on or before September 9, 2005, or 30
days after date of public hearing if later.
Public Hearing. If anyone contacts us requesting to speak at a
public hearing by August 1, 2005, a public hearing will be held on
August 23, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2005-
0029, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: Send your comments via electronic mail to [email protected], Attention Docket ID No. OAR-2005-0029.
Fax: Fax your comments to (202) 566-1741, Attention Docket
ID No. OAR-2005-0029.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
EPA, Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. OAR-2005-0029. Please include a total of two
copies. The EPA requests a separate copy also be sent to the contact
person identified below (see FOR FURTHER INFORMATION CONTACT). In
addition, please mail a copy of your comments on the information
collection provisions to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC 20503.
Hand Delivery: Deliver your comments to: EPA Docket Center
(EPA/DC), EPA West Building, Room B108, 1301 Constitution Ave., NW.,
Washington DC, 20460, Attention Docket ID No. OAR-2005-0029. Such
deliveries are accepted only during the normal hours of operation (8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays),
and special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. OAR-2005-0029.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102).
Public Hearing: If a public hearing is held, it will be held at
EPA's Campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC or alternate site nearby.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. We also rely on documents in Docket ID
No. OAR-2003-0012 and incorporate that docket into the record for this
proposed rule. Although listed in the index, some information is not
publicly available, i.e., 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 in EDOCKET or in hard copy at the
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Sims Roy, Combustion Group,
Emission Standards Division (MD-C439-01), U.S. EPA, Research Triangle
Park, North Carolina 27711; telephone number (919) 541-5263; facsimile
number (919) 541-5450; electronic mail address ``[email protected].''
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in the preamble.
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments for EPA?
II. Background
III. Summary of the Proposed Rule
A. What is the source category regulated by the proposed rule?
B. What are the pollutants regulated by the proposed rule?
C. What is the best demonstrated technology?
D. What sources are subject to the proposed rule?
E. What are the proposed standards?
F. What are the requirements for sources that are modified or
reconstructed?
[[Page 39871]]
G. What are the requirements for demonstrating compliance?
H. What are the monitoring requirements?
I. What are the reporting and recordkeeping requirements?
IV. Rationale for Proposed Rule
A. How did EPA determine the source category for the proposed
rule?
B. How did EPA select the pollutants to be regulated?
C. How did EPA determine the best demonstrated technology?
D. How did EPA select the affected facility for the proposed
rule?
E. How did EPA select the proposed standards?
F. What are the considerations for modification and
reconstruction?
G. How did EPA determine the compliance requirements for the
proposed rule?
H. How did EPA select the methods for performance testing?
I. How were the reporting and recordkeeping requirements
selected?
V. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental and energy
impacts?
VI. Solicitation of Comments and Public Participation
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
I. General Information
A. Does This Action Apply to Me?
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Examples of
Category SIC \1\ NAICS \2\ regulated entities
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Any manufacturer that produces 4911 2211 Electric power
or any industry using a generation,
stationary internal transmission, or
combustion engine as defined distribution.
in the proposed rule.
8062 622110 Medical and
surgical
hospitals.
3621 335312 Motor and
Generator
Manufacturing.
3561 33391 Pump and
Compressor
Manufacturing.
3548 333992 Welding and
Soldering
Equipment
Manufacturing.
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\1\ Standard Industrial Classification.
\2\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria in Sec. 60.4200 of the
proposed rule. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Send or deliver information
identified as CBI to only the following address: Mr. Sims Roy, c/o
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. OAR-2005-0029. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information in a disk or CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions. The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
Docket. The docket number for the proposed NSPS is Docket ID No.
OAR-2005-0029.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed rule is also available on the WWW
through the Technology Transfer Network Web site (TTN Web). Following
signature, EPA will post a copy of the proposed rule on the TTN's
policy and guidance page for newly proposed or promulgated rules at
http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
II. Background
This action proposes new source performance standards (NSPS) that
would apply to new stationary CI ICE. New source performance standards
implement section 111(b) of the CAA, and are issued for categories of
sources which cause, or contribute significantly to, air pollution
which may reasonably be anticipated to endanger public health or
welfare. The standards apply to new stationary sources of emissions,
i.e., sources whose construction, reconstruction, or modification
begins after a standard for them is proposed. An NSPS requires 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.
[[Page 39872]]
III. Summary of the Proposed Rule
A. What Is the Source Category Regulated by the Proposed Rule?
Today's proposed standards apply to stationary CI ICE. A stationary
internal combustion engine means any internal combustion engine, except
combustion turbines, that converts heat energy into mechanical work and
is not mobile. Stationary ICE differ from mobile ICE in that a
stationary internal combustion engine is not a nonroad engine as
defined at 40 CFR 1068.30, and is not used to propel a motor vehicle or
a vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines. A CI engine means a type of stationary internal combustion
engine that is not a spark ignition (SI) engine. An SI engine means a
gasoline, natural gas, or liquefied petroleum gas fueled engine or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is
used for CI and gaseous fuel (typically natural gas) is used as the
primary fuel at an annual average ratio of less than 2 parts diesel
fuel to 100 parts total fuel on an energy equivalent basis are SI
engines.
B. What Are the Pollutants Regulated by the Proposed Rule?
The pollutants to be regulated by the proposed standards are
NOX, PM, CO, and NMHC. Emissions of sulfur oxides
(SOX) will also be reduced through the use of lower sulfur
fuel. Smoke emissions will also be reduced through the implementation
of the proposed standards. Emissions of hazardous air pollutants (HAP)
from these engines have been, or will be, regulated in separate
rulemakings promulgated under section 112.\1\
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\1\ Emissions of HAP from stationary reciprocating internal
combustion engines (RICE) located at major sources were the subject
of a rule published on June 15, 2004 (69 FR 33473). Emissions of HAP
from other stationary RICE will be the subject of another rulemaking
that will be promulgated no later than December 20, 2007.
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C. What Is the Best Demonstrated Technology?
1. Background
Section 111 of the CAA states that a standard of performance
``means a standard * * * which reflects the degree of emission
limitation achievable through application of the best system of
emission reduction which (taking into account the cost of achieving
such reduction and any nonair quality health and environmental impact
and energy requirements) the Administrator determines has been
adequately demonstrated.''
The following sections provide additional information by
identifying specific technologies (referred to hereafter as ``BDT'')
that EPA anticipates to be used to meet the NSPS. It must be noted,
however, that EPA's proposal is that the best system of emissions
reduction that has been adequately demonstrated is a set of emissions
standards, including an averaging, banking and trading program, that
allows for the use of other potential technologies that meet or exceed
the standards.
2. Non-Emergency Stationary CI ICE <10 Liters per Cylinder
The EPA expects there will be few, if any, stationary CI ICE less
than 50 horsepower (HP). Nevertheless, EPA has established emission
standards for these engines for the potential few engines less than 50
HP that may be stationary CI ICE.
For non-emergency engines less than 25 HP, the technologies that
are the basis of the proposed standards are expected to be the same as
the technologies that are the basis for the nonroad diesel engine
standards in this size range. The basis of the proposed PM standards
for these engines is a variety of engine-based technologies including
combustion optimization and different fuel injection strategies. The
EPA expects that manufacturers of smaller engines may also utilize
oxidation catalyst control for PM in order to meet the Tier 4 standard
for nonroad diesel engines. The EPA expects that manufacturers of
stationary CI ICE less than 25 HP will employ engine-based
technologies, to meet the proposed NOX for engines less than
25 HP include advanced in-cylinder technologies and electronic fuel
systems.
For non-emergency engines greater than or equal to 25 HP with a
displacement of less than 10 liters per cylinder, the technology that
is the basis of the proposed PM standards is catalyzed diesel
particulate filters (CDPF) used in conjunction with ultra low sulfur
diesel (ULSD) fuel. The standards for PM that are based on the use of
CDPF and ULSD start as early as 2011 for some engines, but the schedule
varies depending on the size of the engine. The CDPF technology is
capable of reducing PM, CO, and NMHC emissions from stationary CI ICE
by at least 90 percent. The technology basis of the proposed CO and
NMHC standards is also CDPF. The technology is currently available but
requires ULSD in order to achieve these levels of reductions.
Furthermore, engine manufacturers will require time to incorporate the
technology on all of their engines. Taking into account when ULSD fuel
will be fully available and allowing manufacturers time to incorporate
CDPF technology on their stationary engines, EPA believes that the
implementation schedule already promulgated for nonroad diesel engines
is appropriate for the majority of stationary CI ICE as well.
Prior to the implementation of standards based on the use of CDPF,
new stationary CI ICE engines will be required to meet standards based
on the use of technology currently required for nonroad engines. Engine
manufacturers would be expected to use a variety of engine technologies
such as combustion optimization and advanced fuel injection controls to
reduce emissions of PM until ULSD fuel is available in sufficient
quantities nationwide.
For NOX emissions from non-emergency engines greater
than or equal to 75 HP and less than or equal to 750 HP with a
displacement of less than 10 liters per cylinder, and non-emergency
generator set (genset) engines greater than 750 HP with a displacement
of less than 10 liters per cylinder, the technology that is the basis
of the proposed NOX standards is NOX adsorber.
The NOX adsorber technology is expected to be able to
achieve NOX reductions of 90 percent or more when applied to
stationary CI ICE. The NOX adsorber technology, which has
been demonstrated in laboratory situations, is currently being
developed for highway and nonroad engines, and it is expected to be
available for nonroad and stationary engines approximately in the year
2011. As with the implementation schedule for CDPF discussed above, EPA
believes that, taking into account when ULSD fuel will be fully
available and allowing manufacturers time to incorporate NOX
adsorber technology on their stationary engines, the implementation
schedule already promulgated for nonroad diesel engines is appropriate
for the majority of stationary CI ICE as well.
For non-emergency engines greater than 750 HP with a displacement
of less than 10 liters per cylinder that are not genset engines, the
technologies that are the basis of the proposed NOX
standards are improved combustion systems and engine-based
NOX control technologies. For the nonroad diesel engine
rule, EPA decided to defer a decision on setting
[[Page 39873]]
add-on control based emission standards for NOX for these
engines to allow time to resolve issues involved with applying
NOX control technologies to these engines. For stationary CI
ICE, EPA believes there may be technologies to allow more stringent
standards for engines greater than 750 HP with a displacement of less
than 10 liters per cylinder that are not generator sets that could be
based on the use of aftertreatment-based controls. The EPA is
requesting comments on whether it should have the same BDT for
NOX for all non-emergency stationary CI engines greater than
750 HP with a displacement of less than 10 liters per cylinder.
Both CDPF and NOX adsorbers require the use of ULSD fuel
to achieve maximum levels of emission reduction. The EPA recently
promulgated regulations that require sulfur levels for nonroad diesel
fuel to be reduced to 500 parts per million (ppm) beginning in late
2007 and 15 ppm beginning in late 2010.\2\ Based on an analysis of ULSD
availability EPA conducted for stationary CI ICE affected by the NSPS,
the EPA believes that ULSD will be available in sufficient supply for
stationary CI engines affected by the proposed rule. For information on
EPA's fuel availability analysis, please refer to the docket for the
proposed rule. For this reason, EPA is proposing that owners and
operators of stationary CI engines affected by the proposed rule that
use diesel fuel use only ULSD fuel beginning October 1, 2010. Owners
and operators that use diesel fuel will be required to only use diesel
fuel with a sulfur content of 500 ppm or less beginning October 1,
2007. This is consistent with fuel levels required by the nonroad rule
for diesel engines. The use of lower sulfur diesel fuel will reduce
emissions of SO2 and the resulting sulfate PM to the
atmosphere.
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\2\ The deadlines are different for refineries, wholesalers,
retailers, and end users.
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Prior to the commercial availability of ULSD fuel and
NOX adsorber technology, non-emergency stationary CI engines
are expected to use the technologies currently required for nonroad
engines. The EPA looked at other control techniques such as selective
catalytic reduction (SCR) for non-emergency engines greater than or
equal to 75 HP with a displacement of less than 10 liters per cylinder
that could reduce emissions until ULSD fuel becomes available in
sufficient quantities for stationary engines and before NOX
adsorbers are expected to be commercially available for use. No other
add-on control techniques were identified as BDT. Engine manufacturers
are currently in the process of developing a variety of engine
technologies, such as cooled exhaust gas recirculation (EGR), to meet
the Tier 3 nonroad emission standards for NOX, which are
phased in starting from 2006 to 2008. These engine technologies are
determined to be the BDT for stationary CI ICE with a displacement of
less than 10 liters per cylinder in the Tier 3 timeframe. Engine
manufacturers have developed engine technologies such as combustion
optimization and advanced fuel injection controls to meet EPA's Tier 2
limits for nonroad diesel engines. These engine technologies are also
being applied to stationary engines.\3\ The EPA believes that these
technologies are the BDT for the time frame of the Tier 2 standards for
these engines, except as discussed below for engines manufactured prior
to the 2007 model year.
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\3\ An exception to this is stationary engines above 3000 HP
with a displacement of less than 10 liters per cylinder. These
engines are not as closely related to nonroad engines of that
horsepower range as are other stationary engines, and have not
necessarily been manufactured using similar technologies. Therefore,
we believe that it will take longer for these engines to be able to
meet standards equivalent to nonroad engines. We are therefore
requiring Tier 1 standards (as opposed to Tier 2 standards, which
nonroad engines of that HP will have to meet) for these engines
until the 2011 model year.
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For NOX emissions from engines below 75 HP, EPA has
determined that the BDT is the variety of engine technologies currently
being developed and used by engine manufacturers to reduce
NOX. Examples include cooled EGR, uncooled EGR, and advanced
in-cylinder technologies relying on electronic fuel systems and
turbocharging. The EPA does not believe that the catalyst-based
NOX technologies have matured to a state where we can have
substantial assurance that such technologies will provide a path for
compliance for engines in this power category and of this displacement.
3. Pre-2007 Model Year Stationary CI ICE
The proposed standards require engine manufacturers to meet the
Tier 2 through Tier 4 nonroad diesel engine standards for their 2007
model year and later non-emergency stationary CI ICE less than 10
liters per cylinder. Stationary ICE are almost all manufactured
products that are designed in advance that cannot change design without
some lead-time. Given that stationary CI ICE are similar to nonroad
diesel engines and their emission control strategies would be similar,
the EPA believes that 18 months from the date of proposal is
appropriate lead-time for engine manufacturers to meet standards equal
to those in effect (or coming into effect) for nonroad engines.
However, because stationary CI ICE were not subject to these emissions
standards until this rule, the EPA cannot immediately require that
these engines produce emissions on the same level required for nonroad
engines. Sufficient lead-time must be provided to allow engine
manufacturers to modify their production to incorporate these emission
reduction strategies in all of their stationary CI ICE in order to meet
the proposed emission standards.
For pre-2007 model year stationary CI ICE, the BDT was determined
to be the nonroad Tier 1 emission levels. As explained, engine
manufacturers will require time to design their engines and incorporate
the control technologies that are the basis for nonroad diesel engine
Tiers 2 through 4. Manufacturers will also need time to generate and
provide the requisite data and other information needed to insure that
their engines meet these standards. Manufacturers would therefore not
necessarily be able to meet the Tier 2, Tier 3, and Tier 4 emission
standards for stationary CI ICE immediately after the rule goes into
effect. The BDT for these pre-2007 model year engines is therefore the
Tier 1 standards for nonroad engines, which do not require as
significant a revision to manufacturing processes as the more stringent
regulations and which are currently being met by many stationary
engines. Furthermore, EPA is not requiring engines manufactured prior
to April 1, 2006 to meet the Tier 1 standards, given that even the less
substantial requirements needed to meet the Tier 1 standards would be
extremely difficult to achieve in the immediate near term for engines
that had not previously been manufactured to meet those standards.
4. Non-Emergency Stationary CI ICE >=10 and <30 Liters per Cylinder
For non-emergency stationary CI ICE with a displacement of greater
than or equal to 10 liters per cylinder and less than 30 liters per
cylinder, the technology that is the basis of the proposed standards is
the same technology used by manufacturers of new marine CI engines to
meet the emission standards for those engines. Engines with a
displacement in this range are generally not used in land-based nonroad
applications and are significantly different in design from land-based
nonroad engines. Those engines in this displacement range that are
currently certified would generally be certified to marine standards,
not
[[Page 39874]]
land based nonroad standards. The EPA believes these engines are
similar in design to marine CI engines and is therefore basing the
proposed standards for non-emergency stationary CI ICE with a
displacement between 10 and 30 liters per cylinder on the technologies
that are used to meet the emission standards for marine CI engines.
These technologies include timing retard, advanced fuel injection
systems, optimized nozzle geometry, and possibly through rate shaping.
5. Stationary CI ICE With a Displacement >=30 Liters per Cylinder
For non-emergency stationary CI ICE with a displacement of greater
than or equal to 30 liters per cylinder, the technology that is the
basis of the proposed NOX standards is SCR. This technology
is capable of reducing NOX emissions by 90 percent or more,
is currently available, and is a well-proven control technology for
larger stationary CI engines.\4\ The technology that is the basis of
the proposed PM standards for non-emergency stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder is
electrostatic precipitators (ESP). The technology is currently
available and is capable of reducing PM emissions by 60 percent or more
from stationary CI ICE.
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\4\ SCR is also a proven technology for smaller engines and may
be used to meet the NOX standards for those engines.
However, it was not determined to be the BDT for smaller engines due
to the expected availability of NOX adsorber, which
achieves similar reductions to SCR at a lower cost.
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6. Low Sulfur Diesel for All Stationary CI ICE
For all stationary CI ICE, the use of lower sulfur fuel was
determined to be the BDT for SOX. Reducing the sulfur
content in the diesel fuel directly affects the engine-out levels of
SOX emissions. As mentioned, the proposed rule requires that
owners and operators that use diesel fuel begin using 500 ppm sulfur
diesel fuel starting October 1, 2007 and 15 ppm sulfur diesel fuel
starting October 1, 2010. These fuel requirements are consistent with
the requirements of the nonroad diesel rule.
7. Emergency Stationary CI ICE
The EPA also evaluated the BDT for emergency stationary CI ICE. An
emergency stationary internal combustion engine is defined as any
stationary internal combustion engine whose operation is limited to
emergency situations and required testing. 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 is interrupted, or stationary ICE used to pump water in
the case of fire or flood, etc. Examples also include stationary ICE
used during Federal or State declared disasters and emergencies, and
simulations of emergencies by Federal, State, or local governments.
Emergency stationary ICE are allowed to 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 is limited
to 30 hours per year, and owners and operators are required to keep
records of this information. There is no time limit on the use of
emergency stationary ICE in emergency situations. The use of add-on
controls such as CDPF, oxidation catalyst, and NOX adsorber
could not be justified as BDT due to the cost of the technology
relative to the emission reduction that would be obtained. This is
discussed in more detail later in this preamble and in the documents
supporting the proposal. The EPA, therefore, determined that the engine
technologies developed by engine manufacturers to meet the Tier 2 and
Tier 3 nonroad diesel engine standards, and those Tier 4 standards that
do not require aftertreatment, are the BDT for 2007 model year and
later emergency stationary CI ICE with a displacement of less than 10
liters per cylinder. These technologies have been discussed previously
in this section. As mentioned earlier, stationary CI ICE with a
displacement between 10 and 30 liters per cylinder are similar to
marine CI engines, and EPA believes it is appropriate to rely on the
technologies used to meet Tier 2 emission standards for marine CI
engines. Therefore, for 2007 model year and later emergency stationary
CI ICE with a displacement of greater than or equal to 10 and less than
30 liters per cylinder, the basis for the BDT are the technologies used
to meet Tier 2 emission standards for marine CI engines.
D. What Sources Are Subject to the Proposed Rule?
The affected source for the CI internal combustion engine NSPS is
each stationary CI internal combustion engine whose construction,
modification or reconstruction commenced after the date the proposed
rule is published in the Federal Register. The date of construction is
the date the engine is ordered by the owner or operator. As discussed
earlier, we are proposing that stationary CI ICE manufactured prior to
April 1, 2006 that are not fire pump engines will not be subject to
Tier 1 standards, unless they are modified or reconstructed after the
date of proposal. Stationary fire pump CI ICE manufactured prior to
July 1, 2006 will not be subject to Tier 1 standards, unless they are
modified or reconstructed after the date of proposal.
E. What Are the Proposed Standards?
1. Overview
The format of the proposed standard is an output-based emission
standard for PM, NOX, CO, and NMHC in units of emissions
mass per unit work performed (grams per kilowatt-hour (g/KW-hr)) and
smoke standards as a percentage. The emission standards are generally
modeled after EPA's standards for nonroad and marine diesel engines.
The nonroad diesel engine standards are phased in over several years
and have Tiers with increasing levels of stringency. The engine model
year in which the Tiers take effect varies for different size ranges of
engines. The Tier 1 standards were phased in for nonroad diesel engines
beginning in 1996 to 2000. The Tier 2 nonroad CI standards are phased
in starting from 2001 to 2006, and the Tier 3 limits are phased in
starting from 2006 to 2008. The Tier 3 limits apply for engines greater
than or equal to 50 and less than or equal to 750 HP only. Tier 4
limits for nonroad engines are phased in beginning in 2008.
2. Proposed Standards for Engine Manufacturers
Engine manufacturers must meet the emission standards of the
proposed rule during the useful life of the engine. a. 2007 Model Year
and Later Non-Emergency Stationary CI ICE <=3,000 HP and With a
Displacement <10 Liters per Cylinder. The proposed standards require
that engine manufacturers certify their 2007 model year and later non-
emergency stationary CI ICE with a maximum engine power less than or
equal to 3,000 HP and a displacement of less than 10 liters per
cylinder to the Tier 2 through Tier 4 nonroad diesel engine standards
as shown in table 1 of this preamble, as applicable, for all
pollutants, for the same model year and maximum engine power.
BILLING CODE 6560-50-P
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BILLING CODE 6560-50-C
b. 2007 Model Year and Later Non-Emergency Stationary CI ICE >3,000
HP and With a Displacement <10 Liters per Cylinder. The proposed
standards require that engine manufacturers certify their 2007 through
2010 model year non-emergency stationary CI ICE with a maximum engine
power greater than 3,000 HP and a displacement of less than 10 liters
per cylinder to the emission standards shown in table 2 of this
preamble. For 2011 model year and later non-emergency stationary CI ICE
with a maximum engine power greater than 3,000 HP and a displacement of
less than 10 liters per cylinder, manufacturers must certify these
engines to the Tier 4 nonroad diesel engine standards as shown in table
1 of this preamble, as applicable, for all pollutants, for the same
model year and maximum engine power.
Table 2.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for Pre-2007 Model Year Engines With a
Displacement <10 Liters per Cylinder and 2007-2010 Model Year Engines >3,000 HP and With a Displacement <10
Liters per Cylinder
----------------------------------------------------------------------------------------------------------------
Maximum engine power NMHC + NOX HC NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)................................... 10.5 (7.8) ........... ........... 8.0 (6.0) 1.0 (0.75)
8<=KW<19 (11<=HP<25)........................... 9.5 (7.1) ........... ........... 6.6 (4.9) 0.80 (0.60)
19<=KW<37 (25<=HP<50).......................... 9.5 (7.1) ........... ........... 5.5 (4.1) 0.80 (0.60)
37<=KW<56 (50<=HP<75).......................... ........... ........... 9.2 (6.9) ........... ...........
56<=KW<75 (75<=HP<100)......................... ........... ........... 9.2 (6.9) ........... ...........
75<=KW<130 (100<=HP<175)....................... ........... ........... 9.2 (6.9) ........... ...........
130<=KW<225 (175<=HP<300)...................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
225<=KW<450 (300<=HP<600)...................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
450<=KW<=560 (600<=HP<=750).................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
KW>560 (HP>750)................................ ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
----------------------------------------------------------------------------------------------------------------
c. 2007 Model Year and Later Non-Emergency Stationary CI ICE with a
Displacement >=10 and <30 Liters per Cylinder. The proposed standards
require that engine manufacturers certify their 2007 model year and
later non-emergency stationary CI ICE with a displacement of greater
than or equal to 10 liters per cylinder and less than 30 liters per
cylinder to the certification emission standards for new marine CI
engines in 40 CFR 94.8, as applicable, for all pollutants, for the same
displacement and maximum engine power. These emission standards are
shown in table 3 of this preamble.
Table 3.--NOX, THC, CO, and PM Emission Standards in g/KW-hr for 2007
Model Year and Later Stationary CI ICE With a Displacement >=10 and <30
Liters per Cylinder
------------------------------------------------------------------------
Engine size--liters per cylinder,
rated power THC + NOX CO PM
------------------------------------------------------------------------
5.0<=displacement<15.0, All Power 7.8 5.0 0.27
Levels..........................
[[Page 39878]]
15.0<=displacement<20.0, <3,300 8.7 5.0 0.50
KW..............................
15.0<=displacement<20.0, >=3,300 9.8 5.0 0.50
KW..............................
20.0<=displacement<25.0, All 9.8 5.0 0.50
Power Levels....................
25.0<=displacement<30.0, All 11.0 5.0 0.50
Power Levels....................
------------------------------------------------------------------------
d. 2007 Model Year and Later Emergency Stationary CI ICE. The
proposed standards require that manufacturers certify their 2007 model
year and later emergency stationary CI ICE less than or equal to 3,000
HP and with a displacement of less than 10 liters per cylinder that are
not fire pump engines to Tier 2 through Tier 3 nonroad CI engine
emission standards, and Tier 4 nonroad CI engine standards that do not
require add-on control, according to the nonroad diesel engine
schedule. Manufacturers must certify their 2007-2010 model year
emergency stationary CI ICE greater than 3,000 HP and with a
displacement less than 10 liters per cylinder that are not fire pump
engines to the emission standards shown in table 2 of this preamble.
Manufacturers must certify their 2011 model year and later emergency
stationary CI ICE that are greater than 3,000 HP and with a
displacement less than 10 liters per cylinder that are not fire pumps
to Tier 2 and Tier 3 nonroad CI engine standards, and to Tier 4 nonroad
CI engine standards that do not require add-on control. Manufacturers
are required to certify their 2007 model year and later emergency
stationary CI ICE with a displacement of greater than or equal to 10
liters per cylinder and less than 30 liters per cylinder to the
certification emission standards for new marine CI engines in 40 CFR
94.8. Manufacturers must certify their 2007 model year and later
emergency fire pumps to the emission standards shown in table 4 of this
preamble.
3. Proposed Standards for Owners and Operators
Owners and operators of stationary CI ICE are required to meet the
emission standards in the proposed rule over the entire life of the
engine.
a. Stationary CI ICE With a Displacement <30 Liters per Cylinder.
Owners and operators that purchase pre-2007 model year stationary CI
ICE with a displacement of less than 10 liters per cylinder that are
not fire pump engines must meet the emission standards for pre-2007
model year engines, which are shown in table 2 of this preamble. Owners
and operators that purchase pre-2007 model year stationary CI ICE with
a displacement of greater than or equal to 10 and less than 30 liters
per cylinder that are not fire pump engines must meet the emissions
standards in 40 CFR 94.8(a)(1). Section 94.8(a)(1) specifies the
following NOX limits: 17.0 g/KW-hr (12.7 g/HP-hr) when the
maximum test speed is less than 130 revolutions per minute (rpm); 45.0
x N-\0.20\ when maximum test speed is at least 130 but less
than 2000 rpm, where N is the maximum test speed of the engine in rpm;
and 9.8 g/KW-hr (7.3 g/HP-hr) when maximum test speed is 2000 rpm or
more.
Owners and operators that purchase 2007 model year and later
stationary CI ICE with a displacement of less than 30 liters per
cylinder that are not fire pump engines must purchase an engine that is
certified by the manufacturer according to the provisions of the
proposed rule.
b. Stationary CI ICE With a Displacement >=30 Liters per Cylinder.
Owners and operators of stationary CI ICE with a displacement of
greater than or equal to 30 liters per cylinder are required to reduce
NOX emissions by 90 percent or more, or alternatively they
must limit the emissions of NOX in the stationary CI
internal combustion engine exhaust to 0.40 grams per KW-hour (0.30
grams per HP-hour). Owners and operators of stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder are
also required to reduce PM emissions by 60 percent or more, or
alternatively they must limit the emissions of PM in the stationary CI
internal combustion engine exhaust to 0.12 grams per KW-hour (0.09
grams per HP-hour).
4. Proposed Standards for Manufacturers and Owners and Operators of
Emergency Stationary Fire Pump Engines
The proposed rule requires that owners and operators of emergency
fire pump engines meet the emission standards shown in table 4 of this
preamble, for all pollutants, for the same model year and maximum
engine power. Starting with 2007 model year engines, emergency fire
pumps must be certified to the emission standards shown in table 4 of
this preamble. Emergency fire pump engines between 50 and 600 HP with a
rated speed of greater than 2,650 rpm have been given an additional 3
years to meet the most stringent emission standards. Although the fire
pump engine manufacturers and installers have indicated that the
provisions of the proposed rule will not reduce the reliability of fire
pump engines, we are asking for comments on whether there are any
concerns regarding fire pump reliability.
Table 4.--NOX, NMHC, CO, and PM Emission Standards in g/KW-hr (g/HP-hr) for Emergency Fire Pump Engines
----------------------------------------------------------------------------------------------------------------
Maximum engine power Model year(s) NMHC + NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11).............................. 2010 and earlier............. 10.5 (7.8) 8.0 (6.0) 1.0 (0.75)
2011+........................ 7.5 (5.6) ........... 0.40 (0.30)
8<=KW<19 (11<=HP<25)...................... 2010 and earlier............. 9.5 (7.1) 6.6 (4.9) 0.80 (0.60)
2011+........................ 7.5 (5.6) ........... 0.40 (0.30)
19<=KW<37(25<=HP<50)...................... 2010 and earlier............. 9.5 (7.1) 5.5 (4.1) 0.80 (0.60)
2011+........................ 7.5 (5.6) ........... 0.30 (0.22)
37<=KW<56 (50<=HP<75)..................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2011+ a...................... 4.7 (3.5) ........... 0.30 (0.22)
56<=KW<75 (75<=HP<100).................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
[[Page 39879]]
2011+ a...................... 4.7 (3.5) ........... 0.40 (0.30)
75<=KW<130 (100<=HP<175).................. 2009 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2010+ a...................... 4.0 (3.0) ........... 0.30 (0.22)
130<=KW<225 (175<=HP<300)................. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+ a...................... 4.0 (3.0) ........... 0.20 (0.15)
225<=KW<450 (300<=HP<600)................. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+ a...................... 4.0 (3.0) ........... 0.20 (0.15)
450<=KW<=560 (600<=HP<=750)............... 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+........................ 4.0 (3.0) ........... 0.20
(0.15)
KW>560 (HP>750)........................... 2007 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2008+........................ 6.4 (4.8) ........... 0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
a Emergency fire pump engines with a rated speed of greater than 2,650 rpm are allowed an additional 3 years to
meet these standards.
5. Fuel Requirements
In addition to emission standards, the proposed rule requires that
beginning October 1, 2007, owners and operators of stationary CI ICE
that use diesel fuel must only use diesel fuel meeting the requirements
of 40 CFR 80.510(a), which requires that diesel fuel have a maximum
sulfur content of 500 ppm and either a minimum cetane index of 40 or a
maximum aromatic content of 35 volume percent. Beginning October 1,
2010, owners and operators stationary CI ICE that use diesel fuel must
only use diesel fuel meeting the requirements of 40 CFR 80.510(b),
which requires that diesel fuel have a maximum sulfur content of 15 ppm
and either a minimum cetane index of 40 or a maximum aromatic content
of 35 volume percent. The proposed rule does not contain a standard for
SO2; the use of low sulfur diesel fuel will result in lower
emissions of SO2.
Manufacturers of stationary CI ICE with a displacement of 30 liters
per cylinder or more indicated that they are able to operate their
engines on 500 ppm sulfur fuel, but they do not have any experience
operating their engines on 15 ppm sulfur fuel, and they need to perform
testing to ensure there are no problems with the lubricity of the ULSD
fuel. The use of ULSD is not required until the year 2010, which will
allow adequate time for manufacturers of these large stationary engines
to test the operation of the engines on ULSD. The EPA does not expect
that the lubricity of the ULSD will be an issue because additives can
be added to ULSD to achieve a sufficient lubricity.
F. What Are the Requirements for Sources That Are Modified or
Reconstructed?
The proposed standards apply to stationary CI ICE that are modified
or reconstructed after the date the proposed rule is published in the
Federal Register. The guidelines for determining whether a source is
modified or reconstructed are given in 40 CFR 60.14 and 40 CFR 60.15,
respectively. Stationary CI ICE that are modified or reconstructed must
meet the emission standards for the model year in which the engine was
originally new, not the year the engine was modified or reconstructed.
Therefore, a pre-2007 model year engine modified after 2007 must meet
the emission standards for pre-2007 model year engines.
G. What Are the Requirements for Demonstrating Compliance?
1. Engine Manufacturers
Manufacturers of stationary CI ICE must demonstrate compliance with
the rule, as proposed, by certifying that their 2007 model year and
later stationary CI ICE meet the emission standards in the rule using
the certification procedures in subpart B of 40 CFR part 89, subpart C
of 40 CFR part 94, or subpart C of 40 CFR part 1039, as applicable, and
must test their engines as specified in those parts. Manufacturers of
fire pump engines may use the optional test cycle provided in table 4
of the proposed rule. Manufacturers of certified stationary CI ICE must
also meet the emission-related warranty requirements of 40 CFR
1039.120; the provisions in 40 CFR 1039.125 and 40 CFR 1039.130, which
require the engine manufacturer to provide engine installation and
maintenance instructions to buyers; the engine labeling requirements in
40 CFR 1039.135; and the general compliance provisions in 40 CFR part
1068, or the corresponding provisions of 40 CFR part 89 or 40 CFR part
94 for engines that would be covered by that part if they were nonroad
(including marine) engines. After the Tier 4 standards take effect,
manufacturers of emergency stationary CI ICE that do not meet the
standards for non-emergency engines must add to each such emergency
engine a permanent label which states that the engine is for emergency
use only.
Engine manufacturers that certify an engine family or families to
standards under the proposed rule that are identical to standards
applicable under 40 CFR part 89, 40 CFR part 94, or 40 CFR part 1039
for that model year may certify any such family that contains both
nonroad (including marine) and stationary engines as a single engine
family and/or may include any such family containing stationary engines
in the averaging, banking and trading (ABT) provisions applicable for
such engines under those parts.
EPA has used averaging, banking, and trading often in the context
of the nonroad engine program. The averaging provisions basically allow
manufacturers to certify certain engine families to emission levels
more stringent than required and to certify other engine families to
levels less stringent than required, as long as the average emission
levels to which the these engine families are certified are at least
equal to the appropriate standards. The banking program allow
manufacturers to generate credits by certifying engine families to more
stringent standards than required in a particular year and to use such
credits in later years. The trading provisions allow engine
manufacturers to trade credits with other engine manufacturers covered
by the same requirements. The ABT provisions include significant
restrictions and compliance requirements, including upper limits on the
level to which any engine family may certify.
Under the nonroad engine program, the ABT provisions, where
applied, are important elements in our
[[Page 39880]]
determination of the standards of performance that represent ``the
greatest degree of emission reduction achievable through the
application of technology which the Administrator determines will be
available for the engines * * * to which the standards apply, giving
appropriate consideration to the cost of applying such technology
within the period of time available to manufacturers and to noise,
energy and safety factors * * * '' See Clean Air Act section 213(a)(3)
and Natural Resources Defense Council v. Thomas, 805 F.2d 410, 425
(D.C. Cir. 1986) (upholding EPA regulations allowing manufacturers to
meet emission standards for heavy-duty engines by averaging among
engine families); see also discussions at 69 FR 38996 (June 29, 2004)
and 55 FR 30584, 93-99 (July 26, 1990).
Similarly, we believe that these ABT provisions are essential
elements in our determination that the proposed standards reflect best
demonstrated technology. The flexibility provided by the ABT provisions
allows the manufacturer to adjust its compliance for engine families
for which coming into compliance with the standards will be
particularly difficult or costly, without special delays or exceptions
having to be written into the rule. Emission-credit programs also
create an incentive for the early introduction of new technology (for
example, to generate credits in early years to create compliance
flexibility for later engines), which allows certain engine families to
act as trailblazers for new technology. This improves the feasibility
of achieving the standards for the entire population of regulated
engines. EPA has concluded as a factual matter, as reflected in today's
proposed rule, that an ABT program, operated at the level of the
manufacturer, represents the best system of emissions reductions,
considering all relevant factors.
We believe the proposed ABT provisions are appropriate for this
program. The ABT provisions are applicable to engine manufacturers, who
manufacture numerous engines for use in all areas of the country, as
opposed to the final owner/operators of the units. These standards will
apply to hundreds of different engine families that will be used in
tens of thousands of different engines. The flexibility provided by the
ABT program is an important instrument for manufacturers to use in
meeting the stringent standards being proposed in this program
affecting a large number of engine families. We welcome comments on the
appropriateness of allowing for averaging, banking and trading under
this program.
We are proposing minor revisions to several existing mobile source
regulations to help incorporate several of these provisions.
EPA is proposing that manufacturers of stationary CI ICE that are
seeking certificates of conformity be subject to the same fee
provisions as those promulgated for comparable land-based and marine
nonroad engines in EPA's most recent fees rulemaking (see 69 FR 26222,
May 11, 2004) and be required to comply with the fees rule in the same
manner as manufacturers already subject to the fees regulations.
Because EPA will be providing certificates of conformity to stationary
CI ICE manufacturers and, thus is providing a service or thing of value
to the manufacturers, the Independent Offices Appropriations Act (31
U.S.C. 9701) authorizes such a fee collection. Having reviewed the
recent fees rule for the motor vehicle and engine compliance program,
and its associated cost study which examined EPA's incurred cost of
compliance services, we believe that the fees provided in that rule are
appropriate for the comparable costs of administering the compliance
program for the engines associated with today's proposed rule. We have
proposed that these engines are to be subject to the same general
compliance regime as land-based nonroad CI engines and, for those with
a displacement greater than 10 liters per cylinder, marine engines
covered by the existing fees rule. We believe fees for each respective
request for certification of conformity for stationary CI ICE should
have the same fee amount as for those engines.
Under the provisions of the existing fees rule, the initial fees
for certification applications received in the 2004 and 2005 calendar
years (for example, $1,822 and $826, respectively, for land-based
nonroad CI engines and marine engines) are adjusted on an annual basis
based on several factors, including any changes in the number of
certificates in the respective fee categories. Thus, the number of
certificates that EPA issues for the engines covered by today's
proposed rule will be included in the respective fee categories when
EPA conducts its annual calculation for the purposes of adjusting fees
based on the existing regulatory formula. Please note that the fee
amounts for calendar year 2006 have slightly increased from the fee
amounts for the 2004 and 2005 calendar year fees. See EPA's Guidance
Letter CCD-05-05 at http://www.epa.gov/otaq/cert/dearmfr/dearmfr.htm.
Finally, EPA believes it appropriate to commence the collection of fees
immediately for each certification of conformity request once the final
rule becomes effective.
2. Owners and Operators
All engines and control devices must be installed, configured,
operated, and maintained according to the specifications and
instructions provided by the engine manufacturer. Other compliance
requirements for owners and operators of stationary CI ICE depend on
the displacement and model year of the engine. Owners and operators of
pre-2007 model year engines with a displacement less than 30 liters per
cylinder can demonstrate compliance by purchasing an engine that is
certified to meet the nonroad emission standards for the model year and
maximum engine power of the engine. Other information such as
performance test results for each pollutant for a test conducted on a
similar engine; data from the engine manufacturer; data from the
control device vendor; or conducting a performance test can also be
used to demonstrate compliance with the emission standards. The owner
or operator may also choose to conduct an initial performance test to
demonstrate compliance with the emission standards. The records which
indicate that the engine is complying with the emission standards of
the proposed rule must be kept on file by the owner or operator of the
engine and be available for inspection by the enforcing agency. Engine
manufacturers and/or control device vendors may provide such
information at the time of sale. Manufacturers that provide such
information to their customers may also choose to place a label on the
engine that indicates the engine meets the applicable standards for
stationary CI ICE under 40 CFR part 60, subpart IIII, as long as the
label does not violate or otherwise interfere with other labels or
requirements mandated by other regulations. If the owner or operator
chooses to conduct a performance test to demonstrate compliance with
the proposed rule, the test must be conducted according to the in-use
testing procedures of 40 CFR 1039, subpart F.
Starting with 2007 model year engines with a displacement of less
than 30 liters per cylinder, owners and operators are required to
demonstrate compliance by purchasing an engine certified to meet the
applicable emission standard for the model year and maximum engine
power of the engine.
If in-use testing is conducted, the owner and operator of engines
with a displacement of less than 30 liters per cylinder would be
required to meet not-
[[Page 39881]]
to-exceed (NTE) emission standards instead of the standards in tables 1
and 2 of this preamble. Engines that are complying with the emission
standards in 40 CFR part 1039 (Tier 4 standards) must not exceed the
NTE standards for the same model year and maximum engine power as
required in 40 CFR 1039.101(e) and 40 CFR 1039.102(g)(1), except as
specified in 40 CFR 1039.104(d). Engines that are complying with the
emission standards in 40 CFR 89.112 (Tier 2/3 standards), and engines
that are pre-2007 model year engines must meet the following NTE
standards:
NTE = (STD) x (M)
Where:
NTE = The NTE emission standard for each pollutant.
STD = The certification emission standard specified for each pollutant
in Table 1 or 2 for the same model year and maximum engine power.
M = 1.25.
Owners and operators of stationary CI ICE with a displacement of
greater than or equal to 30 liters per cylinder must conduct an initial
performance test to demonstrate compliance with the emissions
reductions requirements, establish operating parameters and monitor
operating parameters continuously, and conduct annual performance
tests. The NTE standards do not apply to engines that have a
displacement of greater than or equal to 30 liters per cylinder.
Testing conducted on these engines must be performed to demonstrate
that NOX and PM emission standards are achieved.
H. What Are the Monitoring Requirements?
Owners and operators of stationary CI ICE that are equipped with
CDPF must install a backpressure monitor that will notify the operator
when the high backpressure limit of the engine is approached. All
emergency stationary CI ICE must have a non-resettable hour meter to
track the number of hours operated during non-emergencies.
I. What Are the Reporting and Recordkeeping Requirements?
The owner or operator of non-emergency stationary CI ICE that are
greater than 3,000 HP or with a displacement of greater than or equal
to 10 liters per cylinder, and non-emergency stationary CI ICE pre-2007
model year engines greater than 175 HP and not certified, must submit
an initial notification. The initial notification must contain
information identifying the owner or operator, the engine and control
device, and the fuel used. As mentioned, engines that are not certified
have various options for demonstrating initial compliance, which would
be documented in records available on-site. Also, all owners and
operators must keep records of all information necessary to demonstrate
compliance with the emission standards such as records of all
notifications submitted, any maintenance conducted on the engine, any
performance tests conducted on the engine (or performance tests
conducted on a similar engine that is used to demonstrate compliance),
engine manufacturer or control device vendor information, etc. Owners
and operators of certified engines must keep records of documentation
from the manufacturer that the engine is certified to meet the emission
standards. Owners and operators of engines that are equipped with CDPF
must install a backpressure monitor and are required to maintain
records of any corrective action taken after the backpressure monitor
has notified the owner or operator that the backpressure limit is
approached. These records must be available for viewing upon request by
the enforcing agency. Owners and operators of emergency engines are not
required to submit initial notifications. However, these engines must
have a non-resettable hour meter. Owners and operators of emergency
engines are required to keep records of their hours of operation in
non-emergency service. Records of hours of operation during emergencies
are not required.
IV. Rationale for Proposed Rule
A. How Did EPA Determine the Source Category for the Proposed Rule?
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 judgement 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.
The EPA has determined that for purposes of promulgating NSPS
regulations, the stationary internal combustion engine source category
should be split into two source categories--CI engines and SI engines.
The reason for dividing the source category is that EPA will require
more time to develop a regulation for SI engines than for CI engines.
At the outset of the proposed rulemaking process, the EPA had more
information available for CI engines than for SI engines due to other
regulatory actions and information gathering activities for CI engines
by EPA, as well as States and groups of States. It will take longer to
collect and analyze information for SI engines, and EPA will,
therefore, need more time to develop a regulation for SI engines.
B. How Did EPA Select the Pollutants To Be Regulated?
New source performance standards are developed under the authority
of section 111 of the CAA. Emissions of criteria pollutants (those
pollutants identified under section 110 of the CAA) are generally
regulated under section 111, while HAP are regulated under section 112
of the CAA. Emissions from stationary CI ICE contribute significantly
to air pollution and cause adverse health and welfare effects
associated with ozone, PM, NOX, SOX, CO, and
NMHC.
Nitrogen oxides are listed as criteria pollutants and are regulated
due to their contribution to the formation of ozone. Nitrogen oxides
are precursors to ozone formation. Exposure to ozone has been linked to
health and welfare impacts. Health and welfare risks include impaired
respiratory function, eye irritation, deterioration of materials such
as rubber, and necrosis of plant tissue. Nitrogen oxides are one of the
major pollutants emitted from stationary ICE and stationary ICE are
considered to cause or contribute significantly to nationwide releases
of NOX emissions. By reducing emissions of NOX,
substantial benefits to public health and welfare and the environment
will be realized.
Particulate matter is listed as a criteria pollutant and is
regulated by this action. Emissions of PM lead to adverse health and
welfare effects. Health effects associated with ambient PM include
premature mortality, aggravation of respiratory and cardiovascular
disease, aggravated asthma, and acute respiratory symptoms. By
controlling the emissions of PM, the risk of areas failing to attain or
maintain compliance with the National Ambient Air Quality Standards
(NAAQS) for PM is reduced.
Sulfur oxides have been identified as criteria pollutants and are
addressed in the proposed rule through fuel use requirements. Sulfur
dioxide and sulfate PM are emitted as a result of sulfur in the diesel
fuel used by stationary CI ICE.
[[Page 39882]]
By controlling the sulfur level in diesel fuel, levels of air pollution
will be reduced and public health and welfare will be improved.
Restrictions on fuel use will also assist areas currently in
nonattainment with the SO2 standard to comply with the NAAQS
standard for SO2.
Emissions of NMHC from stationary CI ICE contribute to the
formation of ozone. In addition, emissions of NMHC include air toxics
such as benzene, formaldehyde, acetaldehyde, 1,3-butadiene, and
acrolein. These substances are known or suspected as being human or
animal carcinogens, or having noncancer health effects such as
irritation or corrosion of the eyes, nose, throat, and lungs; pulmonary
and respiratory problems; and dermatitis and sensitization of the skin
and respiratory tract. Stationary CI ICE contribute to nationwide
releases of NMHC emissions. Substantial benefits to public health and
welfare and the environment will be realized by reducing emissions of
NMHC.
Carbon monoxide is a criteria pollutant and is considered harmful
to public health and the environment. Carbon monoxide has been linked
to increased risk for people with heart disease, reduced visual
perception, cognitive functions and aerobic capacity, and possible
fetal effects. Stationary CI engines are major contributors to
emissions of CO and are considered to contribute to several areas
failing to attain the NAAQS for CO. Reductions of CO proposed by the
proposed rule will improve public health and welfare.
In addition to the health effects described above, pollution from
stationary diesel engines also significantly contributes to visibility
effects. Visibility is defined as the degree to which the atmosphere is
transparent to visible light. Fine particles are the major contributors
to reduced visibility. By implementing emission standards for
stationary diesel engines as proposed by the proposed rule,
improvements in visibility will be experienced.
Other potential effects associated with these pollutants from
stationary diesel engines include acid deposition, eutrophication,
soiling, and material damage. Acid deposition, or acid rain occurs when
SO2 and NOX are released into the atmosphere and
react with water, oxygen, and oxidants. Acid rain contributes to damage
of the environment including damage to trees, lakes, and streams, in
addition to affecting building materials, accelerating the decay of
structures. By reducing SO2 and NOX emissions,
the sulfur and nitrogen acid deposition will also be reduced.
Eutrophication is the accelerated production of organic matter,
particularly algae in water bodies. The increased level of algae can
cause adverse ecological effects, including reduced light and oxygen
levels, which affect fish, plants, and other organisms that are
habitants in water bodies. Deposition of airborne particles, which can
lead to accumulation of particles (soiling) on surfaces can cause
structural damage by means of corrosion or erosion. The proposed rule
should decrease the levels of soiling by reducing the level of PM that
is emitted from stationary diesel engines. The use of CDPF by engines
affected by the proposed rule will also result in reductions of gaseous
HAP.
C. How Did EPA Determine the Best Demonstrated Technology?
1. Background
To determine the BDT for the proposed rule, EPA first analyzed the
emission control strategies selected for the nonroad CI engine rule.
The EPA concluded that the level and implementation timing of the
nonroad CI engine standards are the most challenging that can be
justified.
Engine manufacturers have indicated to EPA that, in many cases,
they do not separately design and manufacture CI engines for stationary
use. The manufacturers usually sell the same CI engines for use in
mobile nonroad equipment as those used in stationary applications.
Emissions from stationary CI ICE would, therefore, tend to decline with
the implementation of EPA's nonroad diesel engine standards. However,
there are certain engine classes produced that are not sold into the
nonroad sector but are strictly used for stationary purposes, in
particular very large engines. There are also several families of
stationary engines that have not been modified to meet nonroad
standards, even for smaller engines. Therefore, there will be certain
engines that will be used for stationary purposes that have not been
certified through the nonroad rule.
The EPA is proposing that stationary engine manufacturers begin
certifying stationary CI engines to Tier 2 and Tier 3 nonroad CI engine
levels, or Tier 2 marine CI engine levels, where applicable, starting
with 2007 model year engines, in order to provide sufficient time for
these manufacturers to put the certification regime in place for
stationary engines.
2. Stationary CI ICE With a Displacement <10 Liters per Cylinder
The Tier 2 and Tier 3 nonroad CI engine standards are based on
engine-based, as opposed to aftertreatment-based, technologies.
Technologies being used to meet the Tier 2 limits are combustion
optimization and advanced fuel injection controls. At the time that the
Tier 3 limits were promulgated, it was believed that technologies being
developed for highway diesel engines, especially cooled EGR, would be
applied to nonroad engines in order to meet the Tier 3 limits. The Tier
3 limits will be phased in starting in 2006, and EPA has concluded that
engine manufacturers will use a variety of engine control techniques to
meet the Tier 3 limits. These techniques include charge air cooling,
fuel injection rate shaping and multiple injections, injection timing
retard, EGR, induced mixing/charge motion, control of air-to-fuel
ratio, and control of oil consumption. Since stationary CI engines are
similar to nonroad engines, EPA believes that these engine technologies
used for the Tier 2 and Tier 3 standards are the BDT during the
timeframe of the Tier 2 and Tier 3 rules for 2007 model year and later
engines with a displacement of less than 10 liters per cylinder. This
determination is applicable for both emergency and non-emergency
engines with a displacement of less than 10 liters per cylinder, since
the technology is a part of the engine and is the same no matter what
the engine will be used for.
In June of 2004, EPA promulgated Tier 4 standards for nonroad
diesel engines (69 FR 38957), which begin to take effect in a staged
fashion beginning in 2008. The Tier 4 standards are based on the use of
advanced emission control technologies for nonroad diesel engines. For
PM, CO, and NMHC, EPA projects that CDPF is the technology that will
ultimately be used to meet the nonroad diesel engine emission standards
for engines greater than or equal to 25 HP and with a displacement less
than 10 liters per cylinder. Catalyzed diesel particulate filters have
been demonstrated to achieve reductions of greater than 90 percent for
PM, CO, and NMHC for stationary CI ICE. The technology requires ULSD
fuel in order to achieve those levels of reductions. The CDPF
technology also reduces emissions of gaseous HAP. The EPA did not set
standards based on the use of CDPF for nonroad diesel engines less than
25 HP. The PM standards for these small engines are based on the use of
oxidation catalyst control and engine optimization. The EPA stated that
the
[[Page 39883]]
reason it did not set more stringent PM standards was due to the cost
of implementing CDPF on these engines, especially considering the
prerequisite need for electronic fuel control systems to facilitate
regeneration. The EPA plans to conduct a technology review for these
small engines in the future and make a determination at that time if
more stringent standards are appropriate.
For the nonroad CI engine NOX Tier 4 emission standards
for engines greater than or equal to 75 HP, EPA projects that the
technology that will be used is NOX adsorber, a catalyst
technology for removing NOX in a lean exhaust environment.
This technology has been demonstrated to be effective in several
studies, but is not expected to be used commercially until 2007 at the
earliest, in part because the technology can only operate effectively
if the engine is using ULSD fuel. Emissions reductions from
NOX adsorbers are expected to be greater than 90 percent for
NOX; however, ULSD fuel is required to achieve these
reductions. For nonroad engines smaller than 75 HP, EPA did not set
more stringent standards based on the use of NOX
aftertreatment because EPA could not determine that NOX
adsorbers were feasible, considering cost, for these engines.
Applying NOX adsorbers to all nonroad and stationary
diesel engines is complex and will require a high level of engine and
aftertreatment integration. Diesel engines greater than 75 HP and with
a displacement less than 10 liters per cylinder are similar to highway
diesel engines, and the implementation of NOX adsorbers on
highway engines will provide the information on how successful
integration will be and is key to how the integration process will work
for nonroad and stationary engines. Experience associated with the
implementation of advanced controls on smaller nonroad engines (less
than 75 HP) is significantly less than the experience already developed
for larger engines. The EPA, therefore, did not set standards based on
NOX adsorbers for smaller nonroad diesel engines but relied
on on-engine controls. The EPA plans to conduct a technology review in
the future for nonroad diesel engines less than 75 HP to assess engine
and emission control technologies at that point, and it is expected
that the findings of this review will apply to stationary engines as
well. Also, the EPA is deferring a decision on setting aftertreatment-
based NOX standards for engines that are larger than 750 HP
and not used as generator sets. The delay will provide additional time
to evaluate the technical issues involved in adapting NOX
adsorber technology to these applications. The Tier 4 NOX
standard for engines larger than 750 HP not used as generator sets is
therefore based on proven engine-based NOX control
technologies, rather than NOX adsorber.
In addition to the technologies that are the basis for the nonroad
engine emission standards, EPA evaluated other currently available add-
on emission controls for NOX, CO, NMHC, and PM. Two other
technologies were identified: SCR for NOX emissions and
oxidation catalyst for other emissions. Selective catalytic reduction
can reduce NOX emissions by more than 90 percent, a similar
level of performance to NOX adsorbers. The cost of SCR is
significantly higher than for NOX adsorber. In addition, for
the nonroad emission standards, EPA indicated that it had significant
concerns with SCR, which is a technology that requires extensive user
intervention to operate properly and the lack of the urea delivery
infrastructure that is necessary to support the technology. For the
nonroad emission standards for diesel engines, EPA concluded that SCR
is not likely to be available for general use for the timeframe of the
Tier 4 emission standards. However, EPA did not exclude the possibility
that certain installations may use SCR to comply with the emission
standards, but the feasibility and cost analysis for nonroad diesel
engines was not based on the use of SCR. The EPA believes that the
conclusions drawn for nonroad diesel engines also apply to stationary
diesel engines. It is likely that SCR may be applied more to stationary
engines than nonroad engines; however, the limitations that EPA has
identified for nonroad diesel engines also affect stationary engines.
As with nonroad engines, EPA does not preclude the possibility that
certain installations may rely on the use of SCR to comply with the
Tier 4 NOX emission standards. For non-emergency stationary
CI engines with a displacement less than 10 liters per cylinder, the
EPA, therefore, determined that NOX adsorber is the BDT for
control of NOX emissions because it achieves similar
reductions to SCR at a lower cost.
Oxidation catalysts can achieve the same level of control of CO and
NMHC as CDPF, but only reduce PM emissions by approximately 20 to 50
percent when used with 500 ppm sulfur diesel fuel. No other
technologies were identified for control of PM. The EPA, therefore,
concluded that for non-emergency stationary CI engines greater than or
equal to 25 HP and with a displacement less than 10 liters per
cylinder, CDPF is the BDT for CO, NMHC, and PM because it achieves the
same CO and NMHC emission reduction as oxidation catalyst and achieves
a significantly higher PM reduction than oxidation catalyst. The EPA
could not justify selecting CDPF or oxidation catalyst as the BDT for
emergency engines due to the cost of aftertreatment compared to the
amount of pollutant reduced. Further information regarding EPA's
analysis is presented in a memorandum included in the docket (Docket
ID. No. OAR-2005-0029).
For emergency stationary CI engines, the cost of NOX
adsorber was compared to the amount of NOX that will be
reduced, and it was determined that the relatively high cost as
compared to the amount of NOX reduced did not justify the
selection of NOX adsorber for emergency engines. Emergency
stationary CI ICE are only operated for a few hours each year and,
therefore, emissions from these engines are relatively low compared to
emissions from non-emergency engines. Additional information on EPA's
analysis is presented in a memorandum included in the docket (Docket
ID. No. OAR-2005-0029).
3. Stationary CI ICE With a Displacement >=10 and <30 Liters Per
Cylinder
Stationary CI ICE with a displacement between 10 and 30 liters per
cylinder are more similar to marine CI engines than land-based CI
engines. For stationary CI ICE with a displacement of greater than or
equal to 10 and less than 30 liters per cylinder, we, therefore,
believe it is appropriate to rely on the technologies used to meet the
Tier 1 and 2 emission standards for marine CI engines. Marine CI
engines of this displacement are categorized as category 2 marine
engines. More specifically, category 2 means relating to a marine
engine with a specific engine displacement greater than or equal to 5
liters per cylinder but less than 30 liters per cylinder. The EPA
expects that category 2 marine diesel engines will use the same
technologies that are relied upon for category 1 engines. Category 1
marine engines are those marine engines that are greater than or equal
to 37 KW (50 HP) with a displacement of less than 5 liters per
cylinder. In general, EPA believes that many of the control
technologies that are expected to be used on nonroad CI engines to meet
Tier 2 and Tier 3 nonroad CI emission standards and those used on
locomotives to meet Tier 2 locomotive emission standards, will also be
used on marine engines since marine engines are derived from land-based
engines. For category 2 marine engines, EPA expects
[[Page 39884]]
that timing retard, advanced fuel injection systems, optimized nozzle
geometry, and possibly through rate shaping may be used to meet the
Tier 2 marine standards. The EPA also anticipates that manufacturers of
category 2 marine engines will increase the use of electronic engine
management controls. Additional reductions in NOX, PM, CO,
and HC can be achieved through electronic controls. Furthermore, the
EPA expects that category 2 marine engines will be turbocharged and
aftercooled. The EPA believes the control strategies relied upon to
meet Tier 1 and 2 marine emission standards will be appropriate for
stationary CI ICE with a displacement between 10 and 30 liters per
cylinder and, therefore, chose the technologies anticipated to be used
to comply with Tier 1 and 2 marine emission standards as the BDT for
stationary CI ICE of this displacement.
Though EPA is not proposing aftertreatment-based standards for
these engines at this time, we are currently reviewing the possibility
of promulgating more stringent standards for marine engines similar to
the Tier 4 standards promulgated for land based nonroad CI engines. In
that context, we will review whether such technologies are appropriate
for stationary CI ICE with a displacement between 10 and 30 liters per
cylinder. The NSPS for such engines may, therefore, be revised at that
time to require more stringent standards in the future.
For emergency stationary CI ICE with a displacement of greater than
or equal to 10 and less than 30 liters per cylinder, the basis for the
BDT are the same technologies as discussed above that are used to
comply with Tier 2 marine emission standards.
4. Stationary CI ICE With a Displacement >=30 Liters Per Cylinder
For stationary CI ICE with a displacement of greater than or equal
to 30 liters per cylinder, EPA evaluated currently available control
technologies for NOX and PM. The EPA identified SCR and ESP
as feasible control options for these engines. Selective catalytic
reduction has been available for several years and is a well-proven
technology on stationary ICE using diesel fuel. Information provided by
manufacturers of stationary CI ICE with a displacement of greater than
or equal to 30 liters per cylinder indicated that the technology is
capable of reducing NOX emissions by more than 90 percent.
The EPA considered NOX adsorbers; however, the technology is
still under development, and its applicability to very large engines is
unknown. No other technologies were identified for control of
NOX and SCR was chosen as the BDT for stationary CI ICE with
a displacement of greater than or equal to 30 liters per cylinder. For
PM, the EPA chose ESP as the BDT for engines with a displacement at or
above 30 liters per cylinder. Information provided by manufacturers of
stationary CI ICE with a displacement of greater than or equal to 30
liters per cylinder indicated that the technology can reduce PM
emissions by at least 60 percent on large industrial applications. The
EPA evaluated CDPF but concluded that the feasibility of applying
particulate filters to engines of such large displacement, and, in
turn, also size, has not been shown. This conclusion is consistent with
information gathered from CDPF control technology vendors who believe
that it is not possible to apply CDPF to such large engines. No other
feasible technologies were identified for the control of PM from these
engines, and ESP was selected as the BDT for PM for engines with a
displacement greater than or equal to 30 liters per cylinder.
D. How Did EPA Select the Affected Facility for the Proposed Rule?
The choice of the affected facility for an NSPS is based on the
Agency's interpretation of section 111 of the CAA. Under section 111,
the NSPS provisions must apply to any new source owned or operated in
the United States. The ``new source'' means any stationary source, the
construction or modification of which is commenced after the
publication of regulations (or, if earlier, proposed regulations)
prescribing a standard of performance under this section which will be
applicable to such source.
The term ``stationary source'' means any building, structure,
facility, or installation which emits or may emit any air pollutant.
Most industrial plants, however, consist of numerous pieces or groups
of equipment which emit air pollutants, and which might be viewed as
``sources.'' The EPA uses the term ``affected facility'' to designate
the equipment, within a particular kind of plant, which is chosen as
the ``source'' covered by a given standard.
In choosing the affected facility, the EPA must decide which pieces
or groups of equipment are the appropriate units for separate emission
standards in the particular industrial context involved and in light of
the terms and purpose of CAA section 111. One major consideration in
this examination is that the use of a broader definition means that
replacement equipment is less likely to be regulated under the NSPS;
if, for example, an entire plant was designated as the affected
facility, no part of the plant would be covered by the standard unless
the plant as a whole was ``modified.'' Because the purpose of section
111 is to minimize emissions by the application of the best
demonstrated control technology (considering cost, other health and
environmental effects, and energy requirements) at all new and modified
sources, there is a presumption that a narrower designation of the
affected facility is appropriate. This ensures that new emission
sources within plants will be brought under the coverage of the
standards as they are installed. This presumption can be overcome,
however, if the Agency concludes that the relevant statutory factors
(technical feasibility, cost, energy, and other environmental impacts)
point to a broader definition.
For the proposed rule, the EPA did not see any reason to use a
broader definition for the affected facility and has, therefore,
designated each individual engine as the affected facility. Each engine
must meet the certification requirements under this rule. A site or
engine manufacturer with multiple engines could have different
compliance requirements for each engine, depending on the engine size,
age, and application. Use of the broader definition of affected source
could require complex aggregate compliance determinations. The EPA
feels such complicated compliance determinations to be impractical,
and, therefore, has decided to adopt a definition which establishes
each individual engine as the affected source.
The EPA is regulating engine manufacturers in the proposed rule by
requiring that they certify their 2007 model year and later stationary
CI engines to emission standards that have already been promulgated for
nonroad CI engines, or to the emission standards for marine CI engines
if the engines have a displacement greater than or equal to 10 liters
per cylinder and less than 30 liters per cylinder. The vast majority of
stationary CI engines are consumer products produced in mass
quantities. The EPA estimates that more than 60,000 stationary CI
engines will be produced every year starting in 2007 and increasing
thereafter. For further information on EPA's stationary CI engine
projection estimates, please refer to the docket for the proposed rule.
Internal combustion engines have traditionally been regulated through
the manufacturer for purposes of meeting mobile source regulations and
manufacturers have years, and decades in many cases, of experience
complying with such standards. It is infinitely
[[Page 39885]]
simpler, more reliable, and comparatively inexpensive to regulate
stationary CI engines employing the same regime as for mobile sources
than to create a new regime based on testing by every owner and
operator, and it is within our authority for establishing standards of
performance under CAA section 111 to require manufacturers to meet such
standards. Section 111(b) provides EPA with authority to promulgate new
source performance standards and nothing in section 111 prevents EPA
from applying such new source performance standards to manufacturers,
where appropriate. The EPA has previously regulated wood stoves under
section 111 of the CAA using similar procedures (53 FR 5860). The EPA,
therefore, believes it is appropriate to propose that this section 111
NSPS be primarily directed at regulating engine manufacturers, rather
than individual owners and operators.
The EPA is primarily regulating manufacturers of stationary CI
engines. However, EPA is also imposing certain requirements on owners
and operators of stationary CI engines. Starting with 2007 model year
engines, owners and operators are required to buy certified engines.
Owners and operators are also required to operate and maintain their
stationary CI engines and control devices according to the
manufacturer's instructions and guidelines to ensure that the engine
functions properly, and that the required emission standards actually
occur in use.
E. How Did EPA Select the Proposed Standards?
1. Introduction
The basis for the format of the proposed emission standards is
primarily the nonroad CI engine rule. The EPA believes that it is
appropriate to base the standards for most stationary CI engines on the
nonroad CI engine standards because the design and emissions
characteristics of the engines are very similar. In fact, engine
manufacturers have indicated to EPA that in most cases they do not
separately design and manufacture separate CI engines for stationary
use. The engine manufacturers often sell the same CI engine for use in
mobile nonroad equipment as they do for use in stationary applications.
Most CI engines that are ultimately used in stationary applications are
designed and built for use in both stationary and nonroad applications.
All engines built for nonroad applications must be certified to meet
EPA and California Air Resources Board (CARB) emission standards for
nonroad mobile sources. However, there are certain engine classes and
families produced that are not sold into the nonroad sector but are
strictly used for stationary purposes. These engines would not be
certified under the nonroad rule for CI engines. However, even for
engines not currently certified to nonroad standards, these engines are
very similar in design and in the method of manufacture to comparable
nonroad land-based, or in the case of engines with displacement above
10 liters per cylinder, marine-based engines. This is why EPA is
proposing that stationary engines be certified under the NSPS,
following the certification protocols specified in the nonroad rules
for diesel land-based engines, or marine-based engines.
The proposed standards for stationary CI ICE are output-based
emission standards and are in units of emissions mass per unit work
performed (g/KW-hr). The emission standards are phased in over several
years and have Tiers with increasing levels of stringency. Engines are
separated into engine power ranges, and some emission standards vary
between ranges. The basis for this is EPA's analysis of the
applicability of specific emission control strategies for each power
range of engines. The Tier 2 and Tier 3 levels are based on the most
advanced engine-based technologies available for the various engines
classes in the timeframe of the nonroad diesel engine rulemaking. For
most engines, the Tier 4 levels represent the emission reductions
possible from the application of CDPF and NOX adsorbers to
the expected emission levels for the previous tier engines.
2. Engine Manufacturers
a. 2007 Model Year and Later Non-Emergency Stationary CI ICE With a
Displacement <10 Liters per Cylinder. The EPA is proposing that engine
manufacturers certify their 2007 model year and later stationary CI
engines with a displacement less than 10 liters per cylinder to the
certification emission standards for nonroad diesel engines for the
same model year and maximum engine power for all pollutants. The EPA
believes this requirement is appropriate and expects that engine
manufacturers will use advanced engine-based technologies, as
previously described, such as combustion optimization, advanced fuel
injection controls, and other engine control technologies, similar to
the technologies that nonroad engines will rely on, to meet Tier 2 and
Tier 3 levels, and advanced aftertreatment controls to meet Tier 4
levels. Engine manufacturers will be required to certify their
stationary CI engines to the appropriate tiers following the nonroad
diesel engine schedule.
The EPA believes that a certification program that starts with 2007
model year engines will provide engine manufacturers and EPA with
sufficient time to develop and implement a program to certify
stationary CI ICE. The program will be based on the certification
program for nonroad diesel engines for the majority of stationary
engines.
The timing of the Tier 4 standards is closely tied to the
availability of a sufficient amount of ULSD fuel, which is expected to
be available in sufficient quantities for use in both stationary and
nonroad engines at the time that the Tier 4 standards take effect for
the nonroad CI rule. The Tier 4 rulemaking for nonroad diesel engines
contains a two-step sulfur standard for nonroad diesel fuel. The sulfur
content in the diesel fuel affects the level of pollution emitted by
engines, and EPA expects that ULSD fuel will be necessary in order to
meet the Tier 4 emission standards. Engine manufacturers will want the
assurance that they will not be liable for emissions from engines that
do not use the appropriate fuel for the emission control device.
Similarly to nonroad diesel engines, the emission control technologies
used on stationary CI engines to meet the Tier 4 limits also must be
used with ULSD fuel. Therefore, EPA is proposing a diesel fuel standard
for owners and operators of stationary CI engines that corresponds to
the requirements for nonroad diesel fuel.
The earliest nonroad Tier 4 engine standards take effect in model
year 2008, which is the first full model year for which 500 ppm sulfur
will be required. The 2008 Tier 4 standards apply only to engines below
75 HP. Setting Tier 4 standards in 2008 for engines 75 HP and larger
would not provide a sufficient period of stability (an element of lead
time) between Tiers 2 and 3, which begin between 2006 and 2008, and
Tier 4. Phasing in the Tier 4 standards for engines larger than 75 HP
beginning in 2011 will provide adequate lead time for engine and
equipment manufacturers, as well as diesel refiners. The Tier 4
standards are also phased in over time to allow for the orderly
transfer of technology from the highway sector, and to spread the
overall workload for engine and equipment manufacturers engaged in
redesigning a large number and variety of products. The approach of
implementing Tier 4 standards over years 2011-2013 provides 4 to 6
years of real world experience with the new technology in
[[Page 39886]]
the highway sector, involving millions of engines.
The EPA believes that engines in the 175 to 750 HP power range will
have the most straightforward adaptation of control technologies from
the highway sector, and, therefore, these engines are subject to the
Tier 4 standards as soon as ULSD is required, i.e., the 2011 model
year. The EPA believes that engines 25 to 175 HP or greater than 750 HP
may require a greater effort to adapt highway engine control
technologies, and, therefore, the Tier 4 standards for these engines
begin a year or two later than those for 175 to 750 HP. This phase-in
of the limits will also spread the redesign workload for engine and
equipment manufacturers.
Engines larger than 750 HP have been given more lead time than
engines in other power categories to fully implement the Tier 4
standards, due primarily to the relatively long product design cycles
typical of these high-cost, low-sales volume engines. For these large
engines, the nonroad engine rule has limits for both genset
applications and applications other than generator sets. The final Tier
4 NOX standards for engines other than generator sets are
less stringent than the final Tier 4 NOX standards for
generator sets greater than 750 HP and are not based on the use of add-
on control.
The EPA believes it would be inappropriate in general to require
Tier 4-level standards for stationary engines earlier (or later) than
they are required for nonroad engines. As indicated, the technologies
expected to meet the Tier 4 standards require the use of ULSD fuel,
which cannot be guaranteed in levels needed to meet the nonroad and
stationary engine demand before year 2010. Also, the concerns discussed
above regarding phase-in of the Tier 4 standards for nonroad engines
are equally true for stationary engines. Additionally, given that
nonroad and stationary engines are generally built to the same
specifications, it would be needlessly costly and complicated to
require different timing for the implementation of the technology for
the nonroad and stationary sectors.
However, EPA is requesting comments on one particular issue:
whether it should apply the generator sets standards for NOX
for all stationary CI engines greater than 750 HP and with a
displacement less than 10 liters per cylinder. As noted above, the
final Tier 4 NOX standards for engines other than generator
sets are less stringent than the final Tier 4 NOX standards
for generator sets greater than 750 HP and are not based on the use of
add-on control. Given that stationary ICE tend generally to be larger
than nonroad engines, the effect of these less stringent standards may
be more significant for the stationary engine sector than for the
nonroad engine sector. Also, given that some of the concern indicated
in the nonroad rule regarding the ability of these engines to use
aftertreatment may be related to their mobility, which is obviously not
relevant for stationary engines, a more stringent standard may be
appropriate for at least some types of non-generator set stationary
engines above 750 HP. The EPA believes there may be technologies to
allow more stringent standards for engines greater than 750 HP and with
a displacement less than 10 liters per cylinder that are not generator
sets and is, therefore, requesting public comment on this issue.
The EPA is proposing that engine manufacturers certify their 2007
through 2010 model year stationary CI ICE that are greater than 3,000
HP and less than 10 liters per cylinder in displacement to the emission
standards shown in table 2 of this preamble, which are essentially Tier
1 nonroad CI engine standards. Although the nonroad CI engine rule, as
proposed, requires engines greater than 1,200 HP to meet Tier 2
emission standards, engine manufacturers indicated to EPA that they are
unable to certify their stationary engines greater than 3,000 HP to
Tier 2 emission standards according to the nonroad CI engine schedule,
which applies to 2006 through 2010 model year engines. Engines greater
than 3,000 HP with a displacement of less than 10 liters per cylinder
are rarely used in nonroad applications, according to engine
manufacturers, and those that are used are substantially different than
the stationary engines of that size. These stationary engines have not
been subject to the substantial research and development work needed to
incorporate nonroad-based technologies. Manufacturers recommended that
EPA allow manufacturers to meet Tier 1 standards in the interim years
to allow manufacturers to focus on meeting the more stringent, Tier 4
emission standards. The EPA believes that the suggestion from engine
manufacturers is appropriate and is, therefore, proposing that
stationary CI ICE greater than 3,000 HP and having a displacement less
than 10 liters per cylinder be certified to the emission standards
shown in table 2 of this preamble, followed by Tier 4 certification as
shown in table 1 of this preamble, according to the nonroad CI engine
schedule. These engines would not be certified to Tier 2 emission
standards, but would go directly from being certified to Tier 1
emission standards to being certified to Tier 4 emission standards.
b. 2007 Model Year and Later Non-Emergency Stationary CI ICE With a
Displacement >=10 and <30 Liters per Cylinder. The EPA is proposing
that engine manufacturers who produce 2007 and later model year
stationary CI ICE with a displacement of greater than or equal to 10
liters per cylinder and less than 30 liters per cylinder certify their
engines to the emission standards for new marine CI engines, as
specified in 40 CFR 94.8. Engines in this displacement range, to the
extent they are certified to mobile source standards, are generally
certified to nonroad marine CI engine standards, and some to locomotive
standards, not to land-based nonroad engine standards. The broadest
application for engines in this displacement range is in the marine
market, with sales also in the stationary and locomotive market. The
engines are also more similar in design to marine engines than to land-
based nonroad engines and are operated differently compared to nonroad
engines. Additionally, information received from the Engine
Manufacturers Association (EMA) indicate that the number of stationary
CI ICE with a displacement of greater than 10 liters per cylinder is
very small. Only three manufacturers provide engines with such
displacement to the stationary market and combined sell about eight
such engines for stationary applications in the United States per year,
according to EMA. The fraction of new stationary CI ICE of this
displacement per year is negligible compared to the total number of new
stationary CI ICE sold per year. The EPA, therefore, believes it is
appropriate to require manufacturers to certify stationary CI ICE with
a displacement between 10 and 30 liters per cylinder to the marine
certification standards.
3. Owners and Operators
a. Stationary CI ICE With a Displacement <30 Liters per Cylinder.
Owners and operators that purchase 2007 model year and later engines
with a displacement of less than 30 liters per cylinder that are not
emergency fire pump engines must purchase stationary CI engines that
have been certified to the emission standards in 40 CFR part 89, 40 CFR
part 94, and 40 CFR part 1039, as applicable, for all pollutants.
Owners and operators that purchase pre-2007 model year engines with a
displacement of less than 10 liters per cylinder must purchase
stationary CI engines that meet the emission standards in table 2 of
this preamble. These standards are based on the Tier 1
[[Page 39887]]
limits for nonroad CI engines, and they are representative of the
current emission levels for many stationary CI ICE. Owners and
operators of pre-2007 model year engines with a displacement of greater
than or equal to 10 and less than 30 liters per cylinder must meet the
emission standards in 40 CFR 94.8(a)(1), which are the Tier 1 emission
standards for marine CI engines.
If in-use testing is conducted to demonstrate compliance, the owner
and operator of engines with a displacement less than 30 liters per
cylinder would be required to meet a less stringent emission standard,
an NTE standard, which is 25 to 50 percent higher than the otherwise
applicable emission standards. The EPA believes it is appropriate to
allow owners and operators to use the NTE standard to help ensure that
emissions are controlled over the wide range of speed and load
combinations commonly experienced in-use. The EPA has similar NTE
standards for nonroad diesel engines, highway heavy-duty diesel
engines, CI marine engines, and nonroad SI engines.
b. Stationary CI ICE With a Displacement >=30 liters per cylinder.
Owners and operators of stationary CI ICE with a displacement of
greater than or equal to 30 liters per cylinder are required to install
controls on their engines that will reduce NOX emissions by
at least 90 percent or limit the emissions of NOX to 0.40
grams per KW-hour (0.30 grams per HP-hour). Emissions of PM must be
reduced by at least 60 percent, or alternatively limited to 0.12 grams
per KW-hour (0.09 grams per HP-hr). Engines of such displacement are
much larger than nonroad engines and are not currently produced by
United States engine manufacturers. In addition, these large engines
tend to operate several thousands of hours per year and at constant
speed and load as opposed to nonroad engines that normally operate for
a few hundred hours per year and often at transient conditions. These
large engines are not produced in mass quantities, and if any, only a
few may be installed in the United States per year. For these reasons,
EPA feels it is more appropriate to regulate the owners and operators
of these engines and is not requiring manufacturers to certify these
engines. The emission reduction requirement of 90 percent or more for
NOX is based on the reduction capabilities of SCR. As
previously mentioned, SCR can reduce NOX emissions by more
than 90 percent from stationary CI engines. The NOX limit of
0.40 grams per KW-hr is based on the NOX limits set by both
the World Bank and the United Kingdom for large diesel engines. Capital
and operating and maintenance costs associated with SCR are as noted
high, however, EPA feels the high cost of SCR is justified when
installed and operated with engines of significantly higher size and
cost than nonroad and other stationary engines. A facility with such
large engines will generally have the resources to implement and
justify expensive add-on controls. Furthermore, power plant facilities
typically have permit conditions that require significant emissions
reductions. The requirement of 60 percent PM control or more is based
on the capabilities of ESP. Information EPA has received from European
manufacturers show that 60 to 70 percent PM reduction is possible with
ESP control. The PM emission standard of 0.12 grams per KW-hour is
based on information provided by vendors of ESP, who indicated that the
technology is capable of achieving that level for oil-fired combustion
sources. The EPA believes the emission reduction levels proposed are
appropriate for engines of high displacement. The EPA did not set
different limits for emergency engines in this size class because there
are not expected to be any emergency engines with a displacement above
30 liters per cylinder.
c. Emergency Stationary Fire Pump Engines. Owners and operators of
fire pump engines are required to meet the emission standards shown in
table 4 of this preamble from July 1, 2006. The EPA is providing
additional time for fire pumps to meet these emission standards in
order to take account of the increased lead time needed to manufacture
and certify fire pump engines to the National Fire Protection
Association (NFPA) requirements, as discussed below. The EPA is
providing between 2 to 3 years of additional time for emergency fire
pumps to reach compliance with the Tier 3 emission standards. As
previously noted, Tier 4 standards that are based on add-on controls
are not required for emergency engines, which include emergency fire
pump engines. The NFPA develops requirements associated with the fire
protection industry. More specifically, an NFPA specification known as
NFPA 20 contains standards for installation of stationary fire pumps
for fire protection. Stationary fire pumps must be certified to NFPA 20
standards in order to be installed in buildings and must go through an
extensive process of design and development prior to becoming certified
to the NFPA requirements. A period of up to 3 years is often necessary
to develop a stationary CI engine into an emergency fire pump engine
certified to the necessary NFPA requirements. This period includes time
the engine manufacturer, as well as the fire pump manufacturer, needs
to develop a product that not only meets EPA's emission standards
requirements, but that also meets the requirements of NFPA, if it is to
be used for fire suppression purposes and life safety. For these
reasons, EPA believes it is appropriate to allow emergency fire pumps
an additional 2 to 3 years to demonstrate compliance with the Tier 3
emission standards. Emergency fire pumps would be required to meet Tier
3 emission standards starting between the 2008 and 2011 model year,
depending on the size of the engines, as indicated in table 4 of this
preamble. High speed fire pump engines (those with a rated speed
greater than 2,650 rpm) are allowed an additional 3 years to meet the
Tier 3 standards. Manufacturers of stationary fire pump engines
indicated that high speed engines are needed for applications where
engines must run at high speeds to produce a required water pressure,
and that additional time is needed to produce high speed engines that
meet the Tier 3 emission levels.
F. What Are the Considerations for Modification and Reconstruction?
Under the General Provisions for modification (40 CFR 60.14) and
reconstruction (40 CFR 60.15), facilities that are modified or
reconstructed after the date of proposal of a standard are subject to
the standard. An owner or operator of an existing CI engine who is
planning changes to the engine that could be considered modification or
reconstruction shall notify the appropriate EPA Regional Office 60 days
prior to making the changes or commencing construction, as applicable.
1. Modification
Upon modification of a stationary CI engine, an existing engine
becomes an affected engine and, therefore, subject to the standard.
With certain exceptions, any physical or operational change to an
existing stationary CI engine that would increase the emission rate
from that engine of any pollutant covered by the standard would be
considered a modification within the meaning of section 111 of the CAA.
If a physical or operational change to an existing stationary engine
would increase emissions from the engine, the owner or operator either
can take appropriate measures to offset the emission increase within
the engine such that there is no
[[Page 39888]]
overall net increase in emissions from the engine as a result of the
physical or operational change, or allow the engine to be classified as
an affected facility under the modification criteria and, therefore,
meet the requirements of the NSPS.
Under the General Provisions to part 60, the following physical or
operational changes are not considered to be modifications even though
emissions may increase as a result of the change (see Sec. 60.14(e)):
(a) Routine maintenance, repair, and replacement (e.g., lubrication
of mechanical equipment; replacement of pumps, motors, and piping;
replacement of engine wear parts, such as rings, seals and valves, to
return an engine to its original operating condition; cleaning of
equipment);
(b) An increase in engine power without a capital expenditure (as
defined in Sec. 60.2);
(c) An increase in the hours of operation;
(d) Use of an alternative fuel or raw material if, prior to
proposal of the standard, the existing engine was designed to
accommodate that alternative fuel or raw material;
(e) The addition or use of any system or device whose primary
function is to reduce air pollutants, except when an emission control
system is replaced by a system determined by the EPA to be less
environmentally beneficial; and
(f) Relocation or change in ownership of the existing engine.
2. Reconstruction
An existing engine may become subject to NSPS if it is
reconstructed. Reconstruction is defined in Sec. 60.15 as the
replacement of the components of an existing engine to the extent that:
(1) The fixed capital cost of the new components exceeds 50 percent of
the fixed capital cost required to construct a comparable new engine;
and (2) it is technically and economically feasible for the engine to
meet the applicable standards. Because the EPA considers reconstructed
engines to constitute new construction rather than modification,
reconstruction determinations are made irrespective of changes in
emission rates. If the engine is determined to be reconstructed, it
must comply with all of the provisions of the standards of performance
applicable to that engine.
Stationary CI ICE that are modified or reconstructed must meet the
emission standards for the model year in which the engine was
originally new, not the year the engine was modified or reconstructed.
Therefore, a pre-2007 model year engine modified after 2007 must meet
the emission standards for pre-2007 model year engines.
G. How Did EPA Determine the Compliance Requirements for the Proposed
Rule?
Owners and operators of all engines subject to the proposed rule
are required to operate and maintain their engine and control device
according to the manufacturer's written instructions.
The proposed rule requires that 2007 model year and later
stationary CI engines affected by the NSPS be certified to the nonroad,
or marine, where applicable, CI engine emission standards. For
certified engines, the testing done by the manufacturer will serve to
demonstrate compliance with the emission limitations on an initial and
ongoing basis until the end of the engine's useful life.
The EPA specified in the proposed rule that the certification
testing for emergency fire pump engines can be conducted at the NFPA
certified nameplate HP of the engine, provided that the engine
manufacturer can certify that the engine will not be used in any
application that allows higher HP and provided that the engine is not
modified following testing. According to emergency fire pump engine
manufacturers, NFPA 20 requires emergency fire pump engines to have 10
percent more power capability than the certified nameplate rating of
the engine. This additional power is never used. Therefore, the EPA
feels it is appropriate to allow emergency fire pump engines to be
tested at the nameplate power instead of the maximum engine power.
Manufacturers of emergency fire pump engines are also allowed to use an
optional 3-mode test cycle for the certification testing. Emergency
fire pump engines do not idle and are never operated without load. The
modes in this test cycle are sufficiently representative of the
operation of emergency fire pump engines,
For a pre-2007 model year engine having a displacement less than 30
liters per cylinder, the owner or operator has various options for
demonstrating compliance with the emission limitations. These options
will provide flexibility to the engine owner or operator and provide
assurance of compliance at a reasonable cost to the owner or operator.
For owners and operators of stationary CI ICE that have CDPF, a
backpressure monitor is required to be installed. This monitor will
notify the owner or operator if the high backpressure limit of the
engine is approached. The backpressure is an indicator of CDPF
performance and can alert the owner or operator when it is time to
clean or perform maintenance on the particulate filter. According to
CDPF vendors, a backpressure monitor is typically included with the
CDPF control device. The owner and operator is required to maintain
records of any corrective action that is taken when the monitor is
activated indicating a high backpressure. The owner and operator is not
required to report each occurrence to the EPA, but must maintain
records of corrective action taken, as indicated, and made available to
the enforcing agency upon request.
All owners and operators must keep records of any notifications,
maintenance conducted on the engine, and compliance materials used to
indicate that the engine meets the appropriate emission standards. The
EPA is also requiring that emergency engines install a non-resettable
hour meter. The owner or operator of the engine is required to keep
records that document the number of hours the engine is operated for
non-emergency purposes, but is not required to keep records relating to
the number of hours operated during emergencies. Requiring
documentation of the number of hours spent in non-emergency service
ensures that records are available to the enforcing agency to verify
that the emergency engine's operation during testing and maintenance is
limited to 30 hours per year, which is required by the proposed rule.
The EPA does not feel it is necessary for owners and operators to
maintain records of operation during emergencies, as operation during
true emergencies is not limited by the proposed rule. The EPA believes
that most stationary CI ICE come equipped with an hour meter, and
expects there to be minimal costs associated with this requirement.
Owners and operators of stationary CI ICE with a displacement
greater than or equal to 30 liters per cylinder are required to
demonstrate compliance by first conducting an initial performance test
to demonstrate that the emissions reductions requirements are met.
Then, owners and operators of these engines must establish parameters
to be monitored on a continuous basis. Finally, owners and operators of
engines with a displacement at or above 30 liters per cylinder must
conduct annual performance tests to demonstrate that the reduction
requirements for NOX and PM are being met. As previously
discussed in this preamble, engines of this displacement are not
certified products and the compliance requirements would necessarily
fall on the owner and operator of the engine.
[[Page 39889]]
The EPA believes it is appropriate to require initial, followed by
subsequent annual performance testing to demonstrate compliance with
the proposed rule. Conducting a performance test is the best way to
ensure that the emission standards are being met. Monitoring parameters
on a continuous basis will ensure that the engine meets the standards
at all times.
H. How Did EPA Select the Methods for Performance Testing?
The proposed NSPS for stationary CI ICE do not require the owners
or operators to conduct performance tests unless the engine has a
displacement greater than or equal to 30 liters per cylinder. The EPA
expects that the majority of engines covered by the proposed NSPS will
be certified to the nonroad or marine CI engine emission standards. The
engine manufacturers guarantee that these engines will meet the
certified emission levels throughout the useful life of the engine. The
EPA, therefore, does not feel it is necessary to require any
performance testing. Certain stationary engines will not be certified
to the nonroad CI standards. For these engines with a displacement less
than 30 liters per cylinder, EPA is allowing various options for
demonstrating compliance as previously described. For such engines that
choose to perform an initial performance test, the performance test
must be conducted according to the requirements specified in the
proposed NSPS. These testing requirements are based on the established
program for testing nonroad CI engines. The enforcing agency may at any
time at its discretion require that an engine be tested. If so, the
performance test must be conducted in accordance with the requirements
EPA has specified in the proposed rule. The EPA believes it is
appropriate to allow owners and operators of non-certified engines with
a displacement less than 30 liters per cylinder to use performance test
results for a test conducted on a similar engine or information from
the engine manufacturer or control device vendor to demonstrate
compliance with the emission standards. The allowance applies only to
owners and operators of pre-2007 model year stationary CI ICE. Starting
in the 2007 model year, owners and operators are required to purchase
certified engines. The allowance would, therefore, only affect a
limited number of engines for a short interim period until certified
engines are required. Furthermore, allowing owners and operators of
pre-2007 model year engines to use the information discussed to
demonstrate compliance minimizes the cost burden that would otherwise
be associated with each owner and operator conducting a performance
test to demonstrate compliance. For these reasons, EPA believes the
allowance is appropriate.
For stationary CI ICE with a displacement of greater than or equal
to 30 liters per cylinder, EPA is requiring that owners and operators
conduct performance testing. The performance tests will ensure that the
required percent reductions of NOX and PM are achieved. The
EPA is requiring that the concentration of NOX be measured
using Method 7E of 40 CFR part 60, appendix A. Method 5 of 40 CFR part
60, appendix A, must be used to measure the concentration of PM. If the
percent reduction option is used, the concentration measurements of
NOX and PM must be taken at the inlet and outlet of the
control device in order to calculate the emission reduction. The
proposed rule also requires that owners and operators of stationary CI
ICE with a displacement of greater than or equal to 30 liters per
cylinder use Method 1 or 1A for the selection of sampling ports and
traverse points, Method 3, 3A, or 3B for determining the oxygen or
carbon dioxide concentration, Method 4 for determining the moisture
content (if necessary), and Method 19 for emission rates. The EPA feels
it is appropriate to require owners and operators to use the test
methods mentioned above when demonstrating compliance with the emission
reduction requirements of the proposed rule.
I. How Were the Reporting and Recordkeeping Requirements Selected?
The proposed notification, reporting, and recordkeeping
requirements are based in part on the General Provisions of 40 CFR part
60 and represent a reasonable level of reporting and recordkeeping.
Owners and operators of non-emergency stationary CI ICE that are
greater than 3,000 HP, greater than or equal to 10 liters per cylinder
displacement, or pre-2007 model year engines greater than 175 HP and
not certified, are required to submit an initial notification. The
initial notification must contain the information described in the
proposed rule and includes information related to the owner and
operator, the engine and control device, and fuel used. If the engine
is certified, the owner and operator must keep records from the
manufacturer indicating that the engine is certified to meet the
applicable standards. All owners and operators are also required to
keep records of all notifications submitted to comply with the proposed
rule, any maintenance conducted on the engine, records of any
performance tests conducted used to demonstrate compliance with the
emission standards, engine manufacturer or control device vendor
information, operating parameter data that is used to demonstrate
continuing compliance, and any other information used to demonstrate
compliance.
The proposed rule relies primarily on engine certification to
achieve emission reductions from stationary CI ICE. Certified
stationary CI engine families must go through rigorous testing and
approval procedures and are warranted by the engine manufacturer to
continue to achieve the certified engine emission levels for the useful
life of the engine. Starting with 2007 model year engines, owners and
operators will not be able to purchase a stationary CI engine that is
not certified, except for the very largest engine families that have
engines with a displacement of 30 liters per cylinder or more, which
have conventional emission limitations and are not certified. As a
result, initial notification by the owners and operators will not be
required for all but the largest certified engines (engines larger than
2,237 KW (3,000 HP) or with a displacement above 10 liters per
cylinder) since certified engines have been shown to be able to achieve
the intended emission limitations and are warranted by the engine
manufacturer for its useful life. However, EPA is requesting comment on
whether to require initial notification for smaller engines that are
still large enough to be of substantial importance to local air quality
management and not so small and numerous that a notification
requirement would be a substantial burden on owners and operators,
particularly private owners and small entities. If a commenter believes
such notification is appropriate for smaller engines, we ask the
commenter to address the size at which such notification would be
appropriate.
In the transition period, the period between rule proposal and 2007
model year engines, it is expected that owners and operators of as many
as 90 percent of the new stationary CI ICE purchased will be able to
demonstrate that the engine is in an engine family that is certified
for nonroad CI engine purposes. As a result, and for the same reasons
as previously discussed for all but the largest certified stationary CI
engines, an initial notification is not required. For those stationary
CI engine families where there are no certified nonroad CI engines
available, an initial notification is required for those stationary CI
engines that are relatively large and those engines enforcing
[[Page 39890]]
agencies may want to keep track of individually.
In the transition period, we are proposing that all new stationary
CI engine families above 175 HP, which are not certified for CI nonroad
engine use, provide an initial notification. Since we are not proposing
to require certification for stationary engine families with a
displacement of 30 liters per cylinder or more, these new engines will
have to provide an initial notification.
Owners and operators of stationary CI ICE that have CDPF are
required to keep records of any corrective action taken after the
backpressure monitor has activated and notified the owner or operator
that the backpressure limit has been reached.
Owners and operators of emergency engines are not required to
submit an initial notification, but must keep records of the number of
hours spent during non-emergencies through the use of a non-resettable
hour meter. The EPA believes that maintaining records of these hours is
a reasonable requirement and ensures compliance with the 30 hours per
year limit for operation during maintenance and testing.
V. Summary of Environmental, Energy and Economic Impacts
A. What Are the Air Quality Impacts?
The proposed rule will reduce NOX emissions from
stationary CI ICE by an estimated 38,000 tpy, PM emissions by about
3,000 tpy, NMHC emissions by about 600 tpy, SO2 emissions by
an estimated 9,000 tpy, and CO emissions by approximately 18,000 tpy in
the year 2015. Reductions are presented for the year 2015 because it is
the model year for which certified stationary CI ICE would have to meet
the final Tier 4 emission standards. The EPA estimates that
approximately 81,500 stationary CI ICE will be affected by the proposed
rule in the year 2015. Of these, the EPA estimates that 20 percent are
used in non-emergency applications. The EPA does not expect there to be
any stationary CI ICE with a displacement of 30 liters per cylinder or
more, and, therefore, no emissions or emissions reductions have been
estimated. A secondary impact of the proposed rule is the reduction of
HAP that will result from the use of CDPF. The EPA estimates that
emissions of HAP will be reduced by approximately 93 tons in the year
2015.
B. What Are the Cost Impacts?
The total costs of the proposed rule are mostly based on the cost
associated with purchasing and installing NOX adsorber and
CDPF controls on non-emergency stationary CI ICE. A smaller portion of
the total costs are attributed to the cost of reporting and the cost
for performance testing for a portion of the pre-2007 model year
engines. The cost of NOX adsorber and CDPF were based on
information developed for the nonroad rule for diesel engines. The EPA
does not expect that any stationary CI ICE with a displacement of 30
cylinders or more would be installed in the U.S. and, therefore, no
costs have been estimated. However, if stationary CI ICE of such
displacement are installed, there would be associated notification and
compliance testing costs. Further information on how EPA estimated the
total costs of the proposed rule can be found in a memorandum included
in the docket (Docket ID. No. OAR-2005-0029).
The total national capital cost for the proposed rule is estimated
to be approximately $67 million in the year 2015, with a total national
annual cost of $57 million in the year 2015. The year 2015 is model
year for which all stationary CI ICE would have to meet the final Tier
4 emission standards.
C. What Are the Economic Impacts?
The proposed rule affects new sources of nonroad stationary diesel
engines as part of generator sets and welding equipment, pump and
compressor equipment, and irrigation equipment. We performed an
economic impact analysis, whose methodology is based on that for the
nonroad diesel engine rule promulgated by the Agency last year, that
estimates changes in prices and output for affected sources using the
annual compliance costs estimated for the proposed rule. All estimates
are for year 2015, since this is the year for which the compliance cost
impacts are estimated.
The increases in price estimated for this equipment are the
following: 2.3 percent--irrigation systems, 4.3 percent--pumps and
compressors, and 10.0 percent--generator sets and welding equipment.
While these price increases appear substantial, the corresponding
reductions in output are quite small. They are: 0.01 percent--
irrigation systems, 0.03 percent--pumps and compressors, and 0.42
percent--generator sets and welding equipment. The price increases and
reductions in output were larger for smaller sized engines when
compared to larger sized ones. These small reductions in output are due
to limited change in demand from consumers in response to the estimated
price changes as based on market data utilized in the nonroad rule
economic impact analysis. The overall total annual social costs, which
reflect changes in consumer and producer behavior in response to the
compliance costs, are $39.1 million (2002 dollars) or almost identical
to the compliance costs.
The economic impacts are relatively small since the change in
expected output from affected industries will be quite small. Thus, the
industries producing the affected engines and the consumers who would
use these engines will experience little or no impact as a result of
the proposed rule.
For more information, please refer to the economic impact analysis
report that is in the public docket for the proposed rule.
D. What Are the Non-Air Health, Environmental and Energy Impacts?
The EPA does not anticipate any significant non-air health,
environmental or energy impacts as a result of the proposed rule.
VI. Solicitation of Comments and Public Participation
The EPA seeks full public participation in arriving at its final
decisions, and strongly encourages comments on all aspects of the
proposed rule from all interested parties. Whenever applicable, full
supporting data and detailed analysis should be submitted to allow the
EPA to make maximum use of the comments. The Agency invites all parties
to coordinate their data collection activities with the EPA to
facilitate mutually beneficial and cost-effective data submissions.
Specifically, we request comments on whether we should apply the
generator standards for NOX for non-emergency stationary ICE
greater than 750 HP. The proposed standards for non-generators are not
based on the use of add-on control and are less stringent than the
proposed standards for generator sets. We believe there may be
technologies available to allow us to set more stringent standards for
non-generators and request public comment on this issue.
We are also requesting comment on the appropriateness of including
the exemption provisions of 40 CFR 1068.240, which relate to
replacement engines. We do not necessarily believe that an exemption
for replacement engines is entirely needed and expect that such an
exemption would be more appropriate for nonroad engines. Although we do
not anticipate that stationary engines will require this exemption, we
are asking the public for comment on this issue. We also ask comment on
whether the other exemption provisions of that subpart are appropriate
for stationary engines.
[[Page 39891]]
We are requesting comment on whether owners and operators of
stationary ICE with a displacement of 30 liters per cylinder or more
should be required to use ULSD fuel. As indicated earlier in this
preamble, we believe that these stationary CI ICE should be able to use
ULSD fuel, however, we are asking for public comment on this issue.
We are also requesting comment on the agency's conclusion that the
best demonstrated technology for the sources regulated under the
proposed rule includes an ABT program with emissions limitations that
reflect EPA's understanding of technology. We also invite comments from
interested parties on our decision that the limitations should be
applied at the manufacturer level to various product lines.
Finally, we request public comment on the proposed emission
standards for stationary CI ICE with a displacement of 30 liters per
cylinder or greater. We are requesting any PM emissions test data
available from stationary CI ICE that are using ESP to reduce
emissions. If you submit PM emissions tests data, please submit the
full and complete emission test report with these data. The information
submitted to EPA should include sections describing the stationary CI
engine and its operation during the test as well as identifying the
stationary CI engine for purposes of verification, description of the
emission control device, fuel used, discussion of the test methods
employed and the quality assurance/quality control procedures followed,
the raw data sheets, all the calculations, etc.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. EPA has submitted this action to
OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the public record.
B. Paperwork Reduction Act
The information collection requirements in the proposed rule have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. The Information Collection Request (ICR)
document prepared by EPA has been assigned EPA ICR number 2196.01.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NSPS General
Provisions (40 CFR part 60, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to Agency policies set
forth in 40 CFR part 2, subpart B.
The proposed rule will require maintenance inspections of the
control devices but will not require any notifications or reports
beyond those required by the General Provisions. The recordkeeping
requirements require only the specific information needed to determine
compliance.
The annual monitoring, reporting, and recordkeeping burden for this
collection (averaged over the first 3 years after the effective date of
the final rule) is estimated to be 145,000 labor hours per year at a
total annual cost of $9,593,700. This estimate includes a one-time
notification, engine certification, and recordkeeping. There are no
capital/start-up costs associated with the monitoring requirements over
the 3-year period of the ICR. The operation and maintenance costs for
the monitoring requirements over the 3-year period of the ICR are
estimated to be $242,300 per year.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this rule, which
includes this ICR, under Docket ID number OAR-2005-0029. Submit any
comments related to the ICR for this proposed rule to EPA and OMB. See
Addresses section at the beginning of this notice for where to submit
comments to EPA. Send comments to OMB at the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington, DC 20503, Attention: Desk Office for EPA. Since OMB is
required to make a decision concerning the ICR between 30 and 60 days
after July 11, 2005, a comment to OMB is best assured of having its
full effect if OMB receives it by August 10, 2005. The final rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-
[[Page 39892]]
profit enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of the proposed rule on
small entities, small entity is defined as a small business based on
the following Small Business Administration small business size
definitions that are based on employee size: NAICS 335312--Motor and
Generator Manufacturing--1,000 employees; NAICS 333911--Pump and
Pumping Equipment Manufacturing--500 employees; NAICS 333912--Air and
Gas Compressor Manufacturing--500 employees; NAICS 333992--Welding and
Soldering Equipment Manufacturing--500 employees. In addition, a small
governmental jurisdiction is defined as a government of a city, county,
town, school district or special district with a population of less
than 50,000, and a small organization is defined as any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's proposal on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by the proposed rule are businesses within
the NAICS codes mentioned above. There are 104 ultimate parent
businesses that will be affected by the proposal. Sixty of these
businesses are small according to the SBA small business size
standards. Four of these sixty firms will have an annualized compliance
cost of more than 1 percent of sales associated with meeting the
requirements of the proposed rule, and one of these four will have an
compliance cost of more than 3 percent of sales. For more information
on the small entity impacts, please refer to the economic impact and
small business analyses in the rulemaking docket.
Although the proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless tried
to reduce the impact of the proposed rule on small entities. A majority
of the affected facilities are primarily small entities (e.g., small
businesses). When developing the proposed rule, EPA took special steps
to ensure that the burdens imposed on small entities were reasonable.
The EPA is including the same provisions for small manufacturers
and small refiners that the nonroad CI engine rule does. The EPA is
helping small entities by providing a lead time for the required
emission standards and fuel requirements. Owners and operators of non-
emergency stationary CI ICE are subject to minimum reporting and owners
and operators of emergency stationary CI ICE do not have to submit any
reports. The EPA has also specifically worked with industry to provide
special provisions for emergency fire pump engine manufacturers, some
of which are small businesses, to develop a proposed rule that is
achievable for this segment.
Following the publication of the promulgated rule, copies of the
Federal Register notice and, in some cases, background documents are
mailed to all industries and organizations who have had input during
the regulation development and to relevant State and local agencies.
Trade Associations distributed copies of the Federal Register action to
their members. We continue to be interested in the potential impacts of
the proposed rule on small entities and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires the 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.
The EPA has determined that today's proposed rule does not contain
a Federal mandate that may result in expenditures of $100 million or
more for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. Thus, today's proposed rule is not
subject to the requirements of sections 202 and 205 of the UMRA. In
addition, EPA has determined that the proposed rule contains no
regulatory requirements that might significantly or uniquely affect
small governments because it contains no requirements that apply to
such governments or impose obligations upon them. Therefore, the
proposed rule is not subject to the requirements of section 203 of the
UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires us to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
The proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The proposed rule primarily
affects private industry, and does not impose significant economic
costs on State or local governments. Thus, Executive Order 13132 does
not apply to the proposed rule. In the spirit of Executive Order 13132,
and consistent with EPA policy to promote communications between EPA
and State and local governments, EPA specifically solicits comment on
the proposed rule from State and local officials.
[[Page 39893]]
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000)
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
The proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to the proposed rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that we have reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, we must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives.
We interpret Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The proposed rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The proposed rule is not a ``significant energy action'' as defined
in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The basis
for this determination is provided below.
The economic impact analysis (EIA) estimates changes in prices and
production levels for all energy markets (i.e., petroleum, natural gas,
electricity, and coal). We also estimate how changes in the energy
markets will impact other users of energy, with a focus on those that
would employ the non-emergency stationary CI engines affected by the
proposed rule. The estimated increase in demand for ultra-low sulfur
diesel fuel (ULSD) in 2015 (the year for which the impacts of the
proposed rule are estimated) associated with the proposed rule is 63.2
million gallons, or 1,505 million barrels for that year. This amount is
equivalent to 4,123 barrels per day additional demand of ULSD. The
expected increase in demand for ULSD will not likely be a difficulty
for refiners to meet in 2015. Hence, no significant adverse effect on
the supply of this fuel is expected from implementation of the proposed
rule. All impact estimates for other types of energy are below the
thresholds that must be evaluated under this Executive Order, and no
adverse effects are expected to the distribution and use of energy. The
estimates contained within the EIA thus show that there is no
significant adverse effect on the supply, distribution, or use of
energy associated with the proposed rule.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113, Section 12(d), 15 U.S.C. 272
note) directs the EPA to use voluntary consensus standards in their
regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to the
OMB, with explanations when an agency does not use available and
applicable voluntary consensus standards.
The proposed rule involves technical standards. The EPA cites the
standard test procedures in 40 CFR part 1039, subpart F, which in turn
cites the procedures in 40 CFR part 1065, 40 CFR 86.1310 for full flow
dilution, 40 CFR 89.412 to 418 for raw-gas sampling using steady-state
tests, 40 CFR 89.112(c) for partial-flow sampling for gaseous emissions
during steady-state tests, California Regulations for New 1996 and
Later Heavy-duty Off-Road Diesel Cycle Engines, 40 CFR 89.112 c), 40
CFR part 86 subpart N (7/1/99), and 40 CFR 86.1309 for nonpetroleum
diesel fuel. The procedures in 40 CFR part 1065 also allow any CARB or
International Organization for Standardization (ISO) standard if shown
to be equivalent. Other test methods cited in the proposed rule are EPA
Methods 1, 1A, 3, 3A, 3B, 4, 5, and 7E of 40 CFR part 60, appendix A.
Consistent with the NTTAA, the EPA conducted searches to identify
voluntary consensus standards in addition to these methods. One
voluntary consensus standard was found that is potentially applicable
to the methods cited. This standard is not acceptable as an alternative
as written, but may be acceptable if minor adjustments are made to the
procedures. The EPA invites comments on the use of this ISO standard
for today's proposed rule.
The voluntary consensus standard ISO 8178-1:1996, ``Reciprocating
ICE--Exhaust Emission Measurement--Part 1: Test-bed Measurement of
Gaseous and Particulate Exhaust Emissions,'' is not acceptable as an
alternative to the test procedures in Sec. Sec. 60.4212 and 60.4213 of
the proposed rule (specifically 40 CFR 86.1310) for the following
reasons. Although ISO 8178-1:1996 has many of the features of the EPA
test procedures, the ISO standard allows the gaseous measurements to be
made in an undiluted sample whereas the EPA procedures in 40 CFR
86.1310 require at least one dilution of the sample. The ISO method
does allow the gaseous measurements to be made during the double
diluted sampling procedures for particulate matter, but it is not
required by the ISO method. Also, in the measurement of hydrocarbons,
the ISO method only specifies that the sample lines are to be
maintained above 70 [deg]C and advises that the flow capacity of the
sample lines is used to prevent condensation. In the EPA procedures in
40 CFR 86.1310, the sample lines must
[[Page 39894]]
be maintained at 191 [deg]C during the hydrocarbon tests to prevent
condensation.
Sections 60.4212 and 60.4213 of the proposed rule lists the testing
methods included in the regulation. Under Sec. Sec. 60.8 and 60.13 of
subpart A of the General Provisions, a source may apply to EPA for
permission to use alternative test methods or alternative monitoring
requirements in place of any required testing methods, performance
specifications, or procedures.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Nitrogen oxides,
Particulate matter, Reporting and recordkeeping requirements.
40 CFR Part 85
Environmental protection, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.
40 CFR Part 89
Environmental protection, Administrative practice and procedure,
Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Research, Vessels, Warranties.
40 CFR Part 94
Environmental protection, Administrative practice and procedure,
Air pollution control, Imports, Penalties, Reporting and recordkeeping
requirements, Vessels, Warranties.
40 CFR Part 1039
Environmental protection, Administrative practice and procedure,
Air pollution control.
40 CFR Part 1065
Environmental protection, Administrative practice and procedure,
Air pollution control, Imports, Penalties, Reporting and recordkeeping
requirements, Research, Vessels, Warranties.
40 CFR Part 1068
Environmental protection, Administrative practice and procedure,
Imports, Motor vehicle pollution, Penalties, Reporting and
recordkeeping requirements, Warranties.
Dated: June 29, 2005.
Stephen L. Johnson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
60, of the Code of Federal Regulations is proposed to be amended to
read as follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 60 is amended by adding subpart IIII to read as follows:
Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
Sec.
What This Subpart Covers
60.4200 Am I subject to this subpart?
Emission Standards for Manufacturers
60.4201 What emission standards must I meet for non-emergency
engines if I am a stationary CI internal combustion engine
manufacturer?
60.4202 What emission standards must I meet for emergency engines if
I am a stationary CI internal combustion engine manufacturer?
60.4203 How long must my engines meet the emission standards if I am
a stationary CI internal combustion engine manufacturer?
Emission Standards for Owners and Operators
60.4204 What emission standards must I meet for non-emergency
engines if I am an owner or operator of a stationary CI internal
combustion engine?
60.4205 What emission standards must I meet for emergency engines if
I am an owner or operator of a stationary CI internal combustion
engine?
60.4206 How long must I meet the emission standards if I am an owner
or operator of a stationary CI internal combustion engine?
Fuel Requirements for Owners and Operators
60.4207 What fuel requirements must I meet if I am an owner or
operator of a stationary CI internal combustion engine?
Other Requirements for Owners and Operators
60.4208 What is the deadline for purchasing stationary CI ICE
produced in the previous model year?
60.4209 What are the monitoring requirements if I am an owner or
operator of a stationary CI internal combustion engine?
Compliance Requirements
60.4210 What are my compliance requirements if I am a stationary CI
internal combustion engine manufacturer?
60.4211 What are my compliance requirements if I am an owner or
operator of a stationary CI internal combustion engine?
Testing Requirements for Owners and Operators
60.4212 What test methods and other procedures must I use if I am an
owner or operator of a stationary CI internal combustion engine with
a displacement of less than 30 liters per cylinder?
60.4213 What test methods and other procedures must I use if I am an
owner or operator of a stationary CI internal combustion engine with
a displacement of greater than or equal to 30 liters per cylinder?
Notification, Reports, and Records for Owners and Operators
60.4214 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI
internal combustion engine?
Special Requirements
60.4215 What requirements must I meet for engines used in Guam,
American Samoa, or the Commonwealth of the Northern Mariana Islands?
Definitions
60.4216 What definitions apply to this subpart?
Tables to Subpart IIII of Part 60
Table 1 to Subpart IIII of Part 60.--Emission Standards for
Stationary Pre-2007 Model Year Engines with a displacement of <10
liters per cylinder and 2007-2010 Model Year Engines >2,237 KW
(3,000 HP) and with a displacement of <10 liters per cylinder.
Table 2 to Subpart IIII of Part 60.--Emission Standards for
Stationary Fire Pump Engines
Table 3 to Subpart IIII of Part 60.--Labeling Requirements for New
Stationary Emergency Engines
Table 4 to Subpart IIII of Part 60.--Optional 3-Mode Test Cycle for
Stationary Fire Pump Engines
Table 5 to Subpart IIII of Part 60.--Requirements for Performance
Tests for Stationary CI ICE with a displacement of >=30 liters per
cylinder
Subpart IIII--Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
What This Subpart Covers
Sec. 60.4200 Am I subject to this subpart?
The provisions of this subpart are applicable to all owners or
operators of stationary compression ignition (CI) internal combustion
engines (ICE) that commence construction, modification or
reconstruction after July 11, 2005 and to manufacturers of 2007 and
later model year CI ICE. For the purposes of this subpart, the date of
construction is the date the engine is ordered by the owner or
operator, except that (a) stationary CI ICE that are not fire pump
engines and are manufactured prior to April 1, 2006 shall not be
considered constructed after
[[Page 39895]]
July 11, 2005; and (b) stationary CI ICE that are fire pump engines and
are manufactured prior to July 1, 2006 shall not be considered
constructed after July 11, 2005.
Emission Standards for Manufacturers
Sec. 60.4201 What emission standards must I meet for non-emergency
engines if I am a stationary CI internal combustion engine
manufacturer?
(a) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later non-emergency stationary CI ICE
with a maximum engine power less than or equal to 2,237 kilowatt (KW)
(3,000 horsepower (HP)) and a displacement of less than 10 liters per
cylinder to the certification emission standards for new nonroad CI
engines in 40 CFR 89.112, 40 CFR 89.113, 40 CFR 1039.101, 40 CFR
1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40 CFR
1039.115, as applicable, for all pollutants, for the same model year
and maximum engine power.
(b) Stationary CI internal combustion engine manufacturers must
certify their 2007 through 2010 model year non-emergency stationary CI
ICE with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder to the emission
standards in table 1 of this subpart, for all pollutants, for the same
maximum engine power.
(c) Stationary CI internal combustion engine manufacturers must
certify their 2011 model year and later non-emergency stationary CI ICE
with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder to the certification
emission standards for new nonroad CI engines in 40 CFR 1039.101, 40
CFR 1039.102, 40 CFR 1039.104, 40 CFR 1039.105, 40 CFR 1039.107, and 40
CFR 1039.115, as applicable, for all pollutants, for the same maximum
engine power.
(d) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later non-emergency stationary CI ICE
with a displacement of greater than or equal to 10 liters per cylinder
and less than 30 liters per cylinder to the certification emission
standards for new marine CI engines in 40 CFR 94.8, as applicable, for
all pollutants, for the same displacement and maximum engine power.
Sec. 60.4202 What emission standards must I meet for emergency
engines if I am a stationary CI internal combustion engine
manufacturer?
(a) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later emergency stationary CI ICE
with a maximum engine power less than or equal to 2,237 KW (3,000 HP)
and a displacement of less than 10 liters per cylinder that are not
fire pump engines to the certification emission standards for new
nonroad CI engines for the same model year and maximum engine power in
40 CFR 89.112 and 40 CFR 89.113 for all pollutants beginning in model
year 2007, the first line of table 1 of 40 CFR 1039.101 for all
pollutants for engines with a maximum engine power less than 19 KW (25
HP) beginning in the 2015 model year, the second line of table 1 of 40
CFR 1039.101 for NOX + NMHC and CO for engines with a
maximum engine power greater than or equal to 19 KW (25 HP) and less
than 56 KW (75 HP) beginning in the 2015 model year, table 1 of 40 CFR
1039.102 for all pollutants for engines with a maximum engine power
less than 19 KW (25 HP) from model years 2008 to 2014, the first line
of table 2 of 40 CFR 1039.102 for all pollutants for engines with a
maximum engine power greater than or equal to 19 KW (25 HP) and less
than 37 KW (50 HP) from model years 2008 to 2014 (2008 and all later
model years for PM), and the first line of table 3 of 40 CFR 1039.102
for all pollutants for engines with a maximum engine power greater than
or equal to 37 KW (50 HP) and less than 56 KW (75 HP) from model years
2012 to 2014 (2008 and all later model years for PM).
(b) Stationary CI internal combustion engine manufacturers must
certify their 2007 through 2010 model year emergency stationary CI ICE
with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder that are not fire pump
engines to the emission standards in table 1 of this subpart, for all
pollutants, for the same maximum engine power.
(c) Stationary CI internal combustion engine manufacturers must
certify their 2011 model year and later emergency stationary CI ICE
with a maximum engine power greater than 2,237 KW (3,000 HP) and a
displacement of less than 10 liters per cylinder that are not fire pump
engines to the certification emission standards for new nonroad CI
engines for engines of the same model year and maximum engine power in
40 CFR 89.112 and 40 CFR 89.113 for all pollutants beginning in model
year 2011.
(d) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later emergency stationary CI ICE
with a displacement of greater than or equal to 10 liters per cylinder
and less than 30 liters per cylinder that are not fire pump engines to
the certification emission standards for new marine CI engines in 40
CFR 94.8, as applicable, for all pollutants, for the same displacement
and maximum engine power.
(e) Stationary CI internal combustion engine manufacturers must
certify their 2007 model year and later fire pump stationary CI ICE to
the emission standards in table 2 of this subpart, for all pollutants,
for the same model year and maximum engine power.
Sec. 60.4203 How long must my engines meet the emission standards if
I am a stationary CI internal combustion engine manufacturer?
Engines manufactured by stationary CI internal combustion engine
manufacturers must meet the emission standards as required in
Sec. Sec. 60.4201 and 60.4202 during the useful life of the engines.
Emission Standards for Owners and Operators
Sec. 60.4204 What emission standards must I meet for non-emergency
engines if I am an owner or operator of a stationary CI internal
combustion engine?
(a) Owners and operators that purchase pre-2007 model year non-
emergency stationary CI ICE with a displacement of less than 10 liters
per cylinder must comply with the emission standards in table 1 of this
subpart. Owners and operators that purchase pre-2007 model year non-
emergency stationary CI ICE with a displacement of greater than or
equal to 10 liters per cylinder and less than 30 liters per cylinder
must comply with the emission standards in 40 CFR 94.8(a)(1).
(b) Owners and operators that purchase 2007 model year and later
non-emergency stationary CI ICE with a displacement of less than 30
liters per cylinder must comply with the emission standards for new CI
engines in Sec. 60.4201 for their 2007 model year and later stationary
CI ICE, as applicable.
(c) Owners and operators of non-emergency stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder must
meet the requirements in paragraphs (c)(1) and (2) of this section.
(1) Reduce nitrogen oxides (NOX) emissions by 90 percent
or more, or limit the emissions of NOX in the stationary CI
internal combustion
[[Page 39896]]
engine exhaust to 0.40 grams per KW-hour (0.30 grams per HP-hour).
(2) Reduce particulate matter (PM) emissions by 60 percent or more,
or limit the emissions of PM in the stationary CI internal combustion
engine exhaust to 0.12 grams per KW-hour (0.09 grams per HP-hour).
Sec. 60.4205 What emission standards must I meet for emergency
engines if I am an owner or operator of a stationary CI internal
combustion engine?
(a) Owners and operators that purchase pre-2007 model year
emergency stationary CI ICE with a displacement of less than 10 liters
per cylinder that are not fire pump engines must comply with the
emission standards in table 1 of this subpart. Owners and operators
that purchase pre-2007 model year non-emergency stationary CI ICE with
a displacement of greater than or equal to 10 liters per cylinder and
less than 30 liters per cylinder that are not fire pump engines must
comply with the emission standards in 40 CFR 94.8(a)(1).
(b) Owners and operators that purchase 2007 model year and later
emergency stationary CI ICE with a displacement of less than 30 liters
per cylinder that are not fire pump engines must comply with the
emission standards for new nonroad CI engines in Sec. 60.4202, for all
pollutants, for the same model year and maximum engine power for their
2007 model year and later emergency stationary CI ICE.
(c) Owners and operators that purchase fire pump engines with a
displacement of less than 30 liters per cylinder must comply with the
emission standards in table 2 of this subpart, for all pollutants.
(d) Owners and operators of emergency stationary CI ICE with a
displacement of greater than or equal to 30 liters per cylinder must
meet the requirements in paragraphs (d)(1) and (2) of this section.
(1) Reduce nitrogen oxides (NOX) emissions by 90 percent
or more, or limit the emissions of NOX in the stationary CI
internal combustion engine exhaust to 0.40 grams per KW-hour (0.30
grams per HP-hour).
(2) Reduce particulate matter (PM) emissions by 60 percent or more,
or limit the emissions of PM in the stationary CI internal combustion
engine exhaust to 0.12 grams per KW-hour (0.09 grams per HP-hour).
Sec. 60.4206 How long must I meet the emission standards if I am an
owner or operator of a stationary CI internal combustion engine?
Owners and operators of stationary CI ICE must operate and maintain
stationary CI ICE that achieve the emission standards as required in
Sec. Sec. 60.4204 and 60.4205 according to the manufacturer's written
instructions over the entire life of the engine.
Fuel Requirements for Owners and Operators
Sec. 60.4207 What fuel requirements must I meet if I am an owner or
operator of a stationary CI internal combustion engine?
(a) Beginning October 1, 2007, owners and operators of stationary
CI ICE that use diesel fuel must use diesel fuel that meets the
requirements of 40 CFR 80.510(a).
(b) Beginning October 1, 2010, owners and operators of stationary
CI ICE that use diesel fuel must use diesel fuel that meets the
requirements of 40 CFR 80.510(b).
Other Requirements for Owners and Operators
Sec. 60.4208 What is the deadline for purchasing stationary CI ICE
produced in the previous model year?
(a) Owners and operators may not install pre-2007 model year
stationary CI ICE after June 30, 2007.
(b) Owners and operators may not install pre-2008 model year
stationary CI ICE with a maximum engine power of less than 19 KW (25
HP) after June 30, 2008.
(c) Owners and operators may not install pre-2013 model year non-
emergency stationary CI ICE with a maximum engine power of greater than
or equal to 19 KW (25 HP) and less than 56 KW (75 HP) after June 30,
2013.
(d) Owners and operators may not install pre-2012 model year non-
emergency stationary CI ICE with a maximum engine power of greater than
or equal to 56 KW (75 HP) and less than 130 KW (175 HP) after June 30,
2012.
(e) Owners and operators may not install pre-2011 model year non-
emergency stationary CI ICE with a maximum engine power of greater than
or equal to 130 KW (175 HP) after June 30, 2011, including those above
560 KW (750 HP).
(f) Owners and operators may not install pre-2015 model year non-
emergency stationary CI ICE with a maximum engine power of greater than
or equal to 560 KW (750 HP) after June 30, 2015.
(g) The requirements of this section do not apply to owners and
operators of stationary CI ICE that have been modified or
reconstructed.
Sec. 60.4209 What are the monitoring requirements if I am an owner or
operator of a stationary CI internal combustion engine?
(a) If you are an owner or operator of an emergency stationary CI
internal combustion engine, you must install a non-resettable hour
meter prior to startup of the engine.
(b) If you are an owner or operator of a stationary CI internal
combustion engine equipped with a diesel particulate filter to comply
with the emission standards in Sec. 60.4204, the diesel particulate
filter must be installed with a backpressure monitor that notifies the
owner or operator when the high backpressure limit of the engine is
approached.
Compliance Requirements
Sec. 60.4210 What are my compliance requirements if I am a stationary
CI internal combustion engine manufacturer?
(a) Stationary CI internal combustion engine manufacturers must
certify their stationary CI ICE with a displacement of less than 10
liters per cylinder to the emission standards specified in Sec. Sec.
60.4201(a) through (c) and 60.4202(a) through (c) and (e) using the
certification procedures required in 40 CFR part 89 subpart B or 40 CFR
part 1039 subpart C, as applicable, and must test their engines as
specified in those parts.
(b) Stationary CI internal combustion engine manufacturers must
certify their stationary CI ICE with a displacement of greater than or
equal to 10 liters per cylinder and less than 30 liters per cylinder to
the emission standards specified in Sec. 60.4201(d) and Sec.
60.4202(d) using the certification procedures required in 40 CFR part
94 subpart C, and must test their engines as specified in 40 CFR part
94.
(c) Stationary CI internal combustion engine manufacturers must
also meet the requirements of 40 CFR 1039.120, 40 CFR 1039.125, 40 CFR
1039.130, 40 CFR 1039.135, or the corresponding provisions of 40 CFR
part 89 or 40 CFR part 94 for engines that would be covered by that
part if they were nonroad (including marine) engines. Stationary CI
internal combustion engine manufacturers must also meet the
requirements of 40 CFR part 1068. Labels on such engines must refer to
stationary engines, rather than or in addition to nonroad or marine
engines, as appropriate.
(d) An engine manufacturer certifying an engine family or families
to standards under this subpart that are identical to standards
applicable under parts 89, 94, or 1039 for that model year may certify
any such family that
[[Page 39897]]
contains both nonroad (including marine) and stationary engines as a
single engine family and/or may include any such family containing
stationary engines in the averaging, banking and trading provisions
applicable for such engines under those parts.
(e) Manufacturers of engine families discussed in paragraph (d) of
this section may meet the labeling requirements referred to in
paragraph (c) of this section for stationary CI ICE by either adding a
separate label containing the information required in paragraph (c) of
this section or by adding the words ``and stationary'' after the word
``nonroad'' or ``marine,'' as appropriate, to the label.
(f) Starting with the model years shown in table 3 of this subpart,
stationary CI internal combustion engine manufacturers must add a
permanent label stating that the engine is for emergency use only to
each new emergency stationary CI internal combustion engine greater
than or equal to 19 KW (25 HP) that meets all the emission standards
for emergency engines in Sec. 60.4202 but does not meet all the
emission standards for non-emergency engines in Sec. 60.4201. The
label must be added according to the labeling requirements specified in
40 CFR 1039.135(b).
(g) Manufacturers of fire pump engines may use the test cycle in
table 4 of this subpart for testing fire pump engines. Fire pump
engines may test at the National Fire Protection Association (NFPA)
certified nameplate HP, provided that the engine manufacturer can
certify that the engine will not be used in any application that allows
higher HP and provided that the engine is not modified following
testing.
Sec. 60.4211 What are my compliance requirements if I am an owner or
operator of a stationary CI internal combustion engine?
(a) If you are an owner or operator and must comply with the
emission standards specified in this subpart, you must operate and
maintain the stationary CI internal combustion engine and control
device according to the manufacturer's written instructions. You must
also meet the requirements of 40 CFR part 1068, as they apply to you.
(b) If you are an owner or operator of a pre-2007 model year
stationary CI internal combustion engine and must comply with the
emission standards specified in Sec. Sec. 60.4204(a), 60.4205(a), or
(c), you must demonstrate compliance according to one of the methods
specified in paragraphs (b)(1) through (5) of this section.
(1) Purchasing an engine certified according to 40 CFR part 89 or
40 CFR part 94, as applicable, for the same model year and maximum
engine power. The engine must be installed and configured according to
the manufacturer's specifications.
(2) Keeping records of performance test results for each pollutant
for a test conducted on a similar engine. The test must have been
conducted using the same methods specified in this subpart and these
methods must have been followed correctly.
(3) Keeping records of engine manufacturer data indicating
compliance with the standards.
(4) Keeping records of control device vendor data indicating
compliance with the standards.
(5) Conducting an initial performance test to demonstrate
compliance with the emission standards according to the requirements
specified in Sec. 60.4212, as applicable.
(c) If you are an owner or operator of a 2007 model year and later
stationary CI internal combustion engine and must comply with the
emission standards specified in Sec. Sec. 60.4204(b), or 60.4205(b) or
(c), you must comply by purchasing an engine certified to the emission
standards in Sec. Sec. 60.4204(b), or 60.4205(b) or (c), as
applicable, for the same model year and maximum engine power. The
engine must be installed and configured according to the manufacturer's
specifications.
(d) If you are an owner or operator and must comply with the
emission standards specified in Sec. Sec. 60.4204(c) or 60.4205(d),
you must demonstrate compliance according to the requirements specified
in paragraphs (d)(1) through (3) of this section.
(1) Conducting an initial performance test to demonstrate initial
compliance with the emission standards as specified in Sec. 60.4213.
(2) Establishing operating parameters to be monitored continuously
to ensure the stationary internal combustion engine continues to meet
the emission standards. The owner or operator must petition the
Administrator for approval of operating parameters to be monitored
continuously. The petition must include the information described in
paragraphs (d)(2)(i) through (v) of this section.
(i) Identification of the specific parameters you propose to
monitor continuously;
(ii) A discussion of the relationship between these parameters and
NOX and PM emissions, identifying how the emissions of these
pollutants change with changes in these parameters, and how limitations
on these parameters will serve to limit NOX and PM
emissions;
(iii) A discussion of how you will establish the upper and/or lower
values for these parameters which will establish the limits on these
parameters in the operating limitations;
(iv) A discussion identifying the methods and the instruments you
will use to monitor these parameters, as well as the relative accuracy
and precision of these methods and instruments; and
(v) A discussion identifying the frequency and methods for
recalibrating the instruments you will use for monitoring these
parameters.
(3) For non-emergency engines, conducting annual performance tests
to demonstrate continuous compliance with the emission standards as
specified in Sec. 60.4213.
(e) Emergency stationary ICE may be operated for the purpose of
maintenance checks and readiness testing, provided that the tests are
recommended by the manufacturer, the vendor, or the insurance company
associated with the engine. Maintenance checks and readiness testing of
such units is limited to 30 hours per year. There is no time limit on
the use of emergency stationary ICE in emergency situations.
Testing Requirements for Owners and Operators
Sec. 60.4212 What test methods and other procedures must I use if I
am an owner or operator of a stationary CI internal combustion engine
with a displacement of less than 30 liters per cylinder?
Owners and operators of stationary CI ICE with a displacement of
less than 30 liters per cylinder who conduct performance tests pursuant
to this subpart must do so according to paragraphs (a) through (d) of
this section.
(a) The performance test must be conducted according to the in-use
testing procedures in 40 CFR part 1039, subpart F.
(b) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for new CI engines in 40 CFR part 1039 must
not exceed the not-to-exceed (NTE) standards for the same model year
and maximum engine power as required in 40 CFR 1039.101(e) and 40 CFR
1039.102(g)(1), except as specified in 40 CFR 1039.104(d).
(c) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for new CI engines in 40 CFR 89.112 must
not exceed the NTE numerical requirements, rounded to the same number
of decimal places as the applicable standard in 40 CFR
[[Page 39898]]
89.112, determined from the following equation:
NTE requirement for each pollutant = (1.25) x (STD) (Eq. 1)
Where:
STD = The standard specified for that pollutant in 40 CFR 89.112.
(d) Exhaust emissions from stationary CI ICE that are complying
with the emission standards for pre-2007 model year engines in
Sec. Sec. 60.4204(a), 60.4205(a), or 60.4205(c) must not exceed the
NTE numerical requirements, rounded to the same number of decimal
places as the applicable standard in Sec. Sec. 60.4204(a), 60.4205(a),
or 60.4205(c), determined from the equation in paragraph (c) of this
section.
Where:
STD = The standard specified for that pollutant in Sec. Sec.
60.4204(a), 60.4205(a), or (c).
Sec. 60.4213 What test methods and other procedures must I use if I
am an owner or operator of a stationary CI internal combustion engine
with a displacement of greater than or equal to 30 liters per cylinder?
Owners and operators of stationary CI ICE with a displacement of
greater than or equal to 30 liters per cylinder must conduct
performance tests according to paragraphs (a) through (d) of this
section.
(a) Each performance test must be conducted according to the
requirements in Sec. 60.8 and under the specific conditions that this
subpart specifies in table 5.
(b) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 60.8(c).
(c) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec. 60.8(f). Each test
run must last at least 1 hour.
(d) To determine compliance with the percent reduction requirement,
you must follow the requirements as specified in paragraphs (d)(1)
through (3) of this section.
(1) You must use Equation 2 of this section to determine compliance
with the percent reduction requirement:
[GRAPHIC] [TIFF OMITTED] TP11JY05.000
Where:
Ci = concentration of NOX or PM at the control
device inlet,
Co = concentration of NOX or PM at the control
device outlet, and
R = percent reduction of NOX or PM emissions.
(2) You must normalize the NOX or PM concentrations at
the inlet and outlet of the control device to a dry basis and to 15
percent oxygen (O2) using Equation 3 of this section, or an
equivalent percent carbon dioxide (CO2) using the procedures
described in paragraph (d)(3) of this section.
[GRAPHIC] [TIFF OMITTED] TP11JY05.001
Where:
Cadj = Calculated NOX or PM concentration
adjusted to 15 percent O2.
Cd = Measured concentration of NOX or PM,
uncorrected.
5.9 = 20.9 percent O2 -15 percent O2, the defined
O2 correction value, percent.
%O2 = Measured O2 concentration, dry basis,
percent.
(3) If pollutant concentrations are to be corrected to 15 percent
O2 and CO2 concentration is measured in lieu of
O2 concentration measurement, a CO2 correction
factor is needed. Calculate the CO2 correction factor as
described in paragraphs (d)(3)(i) through (iii) of this section.
(i) Calculate the fuel-specific Fo value for the fuel burned during
the test using values obtained from Method 19, Section 5.2, and the
following equation:
[GRAPHIC] [TIFF OMITTED] TP11JY05.002
Where:
Fo = Fuel factor based on the ratio of O2 volume
to the ultimate CO2 volume produced by the fuel at zero
percent excess air.
0.209 = Fraction of air that is O2, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross
calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ Btu).
Fc = Ratio of the volume of CO2 produced to the gross
calorific value of the fuel from Method 19, dsm\3\/J (dscf/10\6\ Btu).
(ii) Calculate the CO2 correction factor for correcting
measurement data to 15 percent O2, as follows:
[GRAPHIC] [TIFF OMITTED] TP11JY05.003
Where:
XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2 -15 percent O2, the defined
O2 correction value, percent.
(iii) Calculate the NOX and PM gas concentrations
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TP11JY05.004
Where:
Cadj = Calculated NOX or PM concentration
adjusted to 15 percent O2.
Cd = Measured concentration of NOX or PM,
uncorrected.
%CO2 = Measured CO2 concentration, dry basis,
percent.
(e) To determine compliance with the NOX mass per unit
output emission limitation, convert the concentration of NOX
in the engine exhaust using Equation 7 of this section:
[GRAPHIC] [TIFF OMITTED] TP11JY05.005
Where:
ER = Emission rate in grams per KW-hour.
Cadj = Calculated NOX concentration in ppm
adjusted to 15 percent O2.
1.912x10-3 = conversion constand for ppm NOX to
grams per standard cubic meter.
Q = Stack gas volumetric flow rate, in standard cubic meter per hour.
T = Time of test run, in hours.
KW-hour = Brake work of the engine, in KW-hour.
(f) To determine compliance with the PM mass per unit output
emission limitation, convert the concentration of PM in the engine
exhaust using Equation 8 of this section:
[GRAPHIC] [TIFF OMITTED] TP11JY05.006
Where:
ER = Emission rate in grams per KW-hour.
[[Page 39899]]
Cadj = Calculated PM concentration in grams per standard
cubic meter.
Q = Stack gas volumetric flow rate, in standard cubic meter per hour
T = Time of test run, in hours
KW-hour = Energy output of the engine, in KW
Notification, Reports, and Records for Owners and Operators
Sec. 60.4214 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary CI internal
combustion engine?
(a) Owners and operators of non-emergency stationary CI ICE that
are greater than 2,237 KW (3,000 HP), or have a displacement of greater
than or equal to 10 liters per cylinder, or are pre-2007 model year
engines that are greater than 130 KW (175 HP) and not certified must
meet the requirements of paragraphs (a)(1) and (2) of this section.
(1) Submit an initial notification as required in Sec. 60.7(a)(1).
The notification must include the information in paragraphs (a)(1)(i)
through (v) of this section.
(i) Name and address of the owner or operator;
(ii) The address of the affected source;
(iii) Engine information including make, model, engine family,
serial number, model year, maximum engine power, and engine
displacement;
(iv) Emission control equipment; and
(v) Fuel used.
(2) Keep records of the information in paragraphs (a)(2)(i) through
(iv) of this section.
(i) All notifications submitted to comply with this subpart and all
documentation supporting any notification.
(ii) Maintenance conducted on the engine.
(iii) If the stationary CI internal combustion is a certified
engine, documentation from the manufacturer that the engine is
certified to meet the emission standards.
(iv) If the stationary CI internal combustion is not a certified
engine, documentation that the engine meets the emission standards.
(b) If the stationary CI internal combustion engine is an emergency
stationary internal combustion engine, the owner or operator is not
required to submit an initial notification. The owner or operator must
keep records of the operation of the engine in non-emergency service
that is recorded through the non-resettable hour meter.
(c) If the stationary CI internal combustion engine is equipped
with a diesel particulate filter, the owner or operator must keep
records of any corrective action taken after the backpressure monitor
has notified the owner or operator that the high backpressure limit of
the engine is approached.
Special Requirements
Sec. 60.4215 What requirements must I meet for engines used in Guam,
American Samoa, or the Commonwealth of the Northern Mariana Islands?
(a) Stationary CI ICE that are used in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands are required to meet the
applicable emission standards in Sec. 60.4205. Non-emergency
stationary CI ICE with a displacement of greater than or equal to 30
liters per cylinder, must meet the applicable emission standards in
Sec. 60.4204(c).
(b) Stationary CI ICE that are used in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands are not required to meet
the fuel requirements in Sec. 60.4207.
Definitions
Sec. 60.4216 What definitions apply to this subpart?
As used in this subpart, all terms not defined herein shall have
the meaning given them in the CAA and in subpart A of this part.
Combustion turbine means all equipment, including but not limited
to the turbine, the fuel, air, lubrication and exhaust gas systems,
control systems (except emissions control equipment), and any ancillary
components and sub-components comprising any simple cycle combustion
turbine, any regenerative/recuperative cycle combustion turbine, the
combustion turbine portion of any cogeneration cycle combustion system,
or the combustion turbine portion of any combined cycle steam/electric
generating system.
Compression Ignition means relating to a type of stationary
internal combustion engine that is not a spark ignition engine.
Diesel fuel means any liquid obtained from the distillation of
petroleum with a boiling point of approximately 150 to 360 degrees
Celsius. One commonly used form is number 2 distillate oil.
Diesel particulate filter means an emission control technology that
reduces PM emissions by trapping the particles in a flow filter
substrate and periodically removes the collected particles by either
physical action or by oxidizing (burning off) the particles in a
process called regeneration.
Emergency stationary internal combustion engine means any
stationary internal combustion engine whose operation is limited to
emergency situations and required testing. 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 is interrupted, or stationary ICE used to pump water in
the case of fire or flood, etc.
Engine manufacturer means the manufacturer of the engine. See the
definition of ``manufacturer'' in this section.
Fire pump engine means an emergency stationary internal combustion
engine certified to NFPA requirements that is used to provide power to
pump water for fire suppression or protection.
Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures a stationary
engine for sale in the United States or otherwise introduces a new
stationary engine into commerce in the United States. This includes
importers who import stationary engines for resale.
Maximum engine power means maximum engine power as defined in 40
CFR 1039.801.
Model year means either:
(1) The calendar year in which the engine was originally produced,
or
(2) The annual new model production period of the engine
manufacturer if it is different than the calendar year. This must
include January 1 of the calendar year for which the model year is
named. It may not begin before January 2 of the previous calendar year
and it must end by December 31 of the named calendar year. For an
engine that is converted to a stationary engine after being placed into
service as a nonroad or other non-stationary engine, model year means
the calendar year or new model production period in which the engine
was originally produced.
Other internal combustion engine means any internal combustion
engine, except combustion turbines, which is not a reciprocating
internal combustion engine or rotary internal combustion engine.
Reciprocating internal combustion engine means any internal
combustion engine which uses reciprocating motion to convert heat
energy into mechanical work.
Rotary internal combustion engine means any internal combustion
engine which uses rotary motion to convert heat energy into mechanical
work.
Spark ignition means relating to a gasoline, natural gas, or
liquefied petroleum gas fueled engine or any other type of engine with
a spark plug
[[Page 39900]]
(or other sparking device) and with operating characteristics
significantly similar to the theoretical Otto combustion cycle. Spark
ignition engines usually use a throttle to regulate intake air flow to
control power during normal operation. Dual-fuel engines in which a
liquid fuel (typically diesel fuel) is used for CI and gaseous fuel
(typically natural gas) is used as the primary fuel at an annual
average ratio of less than 2 parts diesel fuel to 100 parts total fuel
on an energy equivalent basis are spark ignition engines.
Stationary internal combustion engine means any internal combustion
engine, except combustion turbines, that converts heat energy into
mechanical work and is not mobile. Stationary ICE differ from mobile
ICE in that a stationary internal combustion engine is not a nonroad
engine as defined at 40 CFR 1068.30, and is not used to propel a motor
vehicle or a vehicle used solely for competition. Stationary ICE
include reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines.
Subpart means 40 CFR part 60, subpart.
Useful life means the period during which the engine is designed to
properly function in terms of reliability and fuel consumption, without
being remanufactured, specified as a number of hours of operation or
calendar years, whichever comes first. The values for useful life for
stationary CI ICE with a displacement of less than 10 liters per
cylinder are given in 40 CFR 1039.101(g). The values for useful life
for stationary CI ICE with a displacement of greater than or equal to
10 liters per cylinder and less than 30 liters per cylinder are given
in 40 CFR 94.9(a).
Tables to Subpart IIII of Part 60
Table 1 to Subpart IIII of Part 60.--Emission Standards for Stationary
Pre-2007 Model Year Engines With a Displacement of <10 Liters Per
Cylinder and 2007-2010 Model Year Engines >2,237 KW (3,000 HP) and With
a Displacement of <10 Liters per Cylinder
As stated in Sec. Sec. 60.4201(b), 60.4202(b), 60.4204(a), and
60.4205(a), you must comply with the following emission standards:
----------------------------------------------------------------------------------------------------------------
Emission standards for stationary pre-2007 model year engines
with a displacement of <10 liters per cylinder and 2007-2010
model year engines >2,237 KW (3,000 HP) and with a displacement
Engine power of <10 liters per cylinder in g/KW-hr (g/HP-hr)
----------------------------------------------------------------
NMHC + NOX HC NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11)................................... 10.5 (7.8) ........... ........... 8.0 (6.0) 1.0 (0.75)
8<=KW<19 (11<=HP<25)........................... 9.5 (7.1) ........... ........... 6.6 (4.9) 0.80 (0.60)
19<=KW<37 (25<=HP<50).......................... 9.5 (7.1) ........... ........... 5.5 (4.1) 0.80 (0.60)
37<=KW<56 (50<=HP<75).......................... ........... ........... 9.2 (6.9) ........... ...........
56<=KW<75 (75<=HP<100)......................... ........... ........... 9.2 (6.9) ........... ...........
75<=KW<130 (100<=HP<175)....................... ........... ........... 9.2 (6.9) ........... ...........
130<=KW<225 (175<=HP<300)...................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
225<=KW<450 (300<=HP<600)...................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
450<=KW<=560 (600<=HP<=750).................... ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
KW>560 (HP>750)................................ ........... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)
----------------------------------------------------------------------------------------------------------------
Table 2 to Subpart IIII of Part 60.--Emission Standards for Stationary
Fire Pump Engines
As stated in Sec. Sec. 60.4202(e) and 60.4205(c), you must
comply with the following emission standards for stationary fire
pump engines:
----------------------------------------------------------------------------------------------------------------
Emission standards for stationary
fire pump engines in g/KW-hr (g/HP-
Engine power Model year(s) hr)
--------------------------------------
NMHC + NOX CO PM
----------------------------------------------------------------------------------------------------------------
KW<8 (HP<11).............................. 2010 and earlier............. 10.5 (7.8) 8.0 (6.0) 1.0 (0.75)
2011+........................ 7.5 (5.6) ........... 0.40 (0.30)
8<=KW<19 (11<=HP<25)...................... 2010 and earlier............. 9.5 (7.1) 6.6 (4.9) 0.80 (0.60)
2011+........................ 7.5 (5.6) ........... 0.40 (0.30)
19<=KW<37 (25<=HP<50)..................... 2010 and earlier............. 9.5 (7.1) 5.5 (4.1) 0.80 (0.60)
2011+........................ 7.5 (5.6) ........... 0.30 (0.22)
37<=KW<56 (50<=HP<75)..................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2011+ \1\.................... 4.7 (3.5) ........... 0.30 (0.22)
56<=KW<75 (75<=HP<100).................... 2010 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2011+ \1\.................... 4.7 (3.5) ........... 0.40 (0.30)
75<=KW<130 (100<=HP<175).................. 2009 and earlier............. 10.5 (7.8) 5.0 (3.7) 0.80 (0.60)
2010+ \2\.................... 4.0 (3.0) ........... 0.30 (0.22)
130<=KW<225 (175<=HP<300)................. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+ \3\.................... 4.0 (3.0) ........... 0.20 (0.15)
225<=KW<450 (300<=HP<600)................. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+ \3\.................... 4.0 (3.0) ........... 0.20 (0.15)
450<=KW<= 560 (600<=HP<=750).............. 2008 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
2009+........................ 4.0 (3.0) ........... 0.20 (0.15)
KW>560 (HP>750)........................... 2007 and earlier............. 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)
[[Page 39901]]
2008+........................ 6.4 (4.8) ........... 0.20 (0.15)
----------------------------------------------------------------------------------------------------------------
\1\ In model years 2011-2013, manufacturers of fire pump stationary CI ICE with a rated speed of greater than
2,650 revolutions per minute (rpm) may certify fire pump stationary CI ICE with a rated speed of greater than
2,650 rpm to the emission limitations for 2010 model year engines.
\2\ In model years 2010-2012, manufacturers of fire pump stationary CI ICE with a rated speed of greater than
2,650 rpm may certify fire pump stationary CI ICE with a rated speed of greater than 2,650 rpm to the emission
limitations for 2009 model year engines.
\3\ In model years 2009-2011, manufacturers of fire pump stationary CI ICE with a rated speed of greater than
2,650 rpm may certify 2009-2011 model year fire pump stationary CI ICE with a rated speed of greater than
2,650 rpm to the emission limitations for 2008 model year engines.
Table 3 to Subpart IIII of Part 60.--Labeling Requirements for New
Stationary Emergency Engines
As stated in Sec. 60.4210(f), you must comply with the
following labeling requirements for new emergency stationary CI ICE:
------------------------------------------------------------------------
Starting model year engine
manufacturers must label new
Starting power stationary emergency engines
according to Sec. 60.4210(f)
------------------------------------------------------------------------
19<=KW<56, (25<=HP<75).............. 2013
56<=KW<130, (75<=HP<175)............ 2012
KW>=130, (HP>=175).................. 2011
------------------------------------------------------------------------
Table 4 to Subpart IIII of Part 60.--Optional 3-Mode Test Cycle for
Stationary Fire Pump Engines
As stated in Sec. 60.4210(g), manufacturers of fire pump
engines may use the following test cycle for testing fire pump
engines:
----------------------------------------------------------------------------------------------------------------
Torque Weighting
Mode No. Engine speed \1\ (percent) \2\ factors
----------------------------------------------------------------------------------------------------------------
1.......................................... Rated.............................. 100 0.30
2.......................................... Rated.............................. 75 0.50
3.......................................... Rated.............................. 50 0.20
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed: 2 percent of point.
\2\ Torque: NFPA certified nameplate HP for 100 percent point. All points should be 2 percent of
engine percent load value.
Table 5 to Subpart IIII of Part 60.--Requirements for Performance Tests
for Stationary CI ICE With a Displacement of >=30 Liters Per Cylinder
As stated in Sec. 60.4213, you must comply with the following
requirements for performance tests for stationary CI ICE with a
displacement of >=30 liters per cylinder:
----------------------------------------------------------------------------------------------------------------
According to the
For each Complying with the You must Using following
requirement to requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary CI Internal a. Reduce NOX 1. Select the (1) Method 1 or 1A (a) Sampling sites
combustion engine with a emissions by 90 sampling port of 40 CFR part must be located
displacement of >= 30 liters percent of more. location and the 60, appendix A. at the inlet and
per cylinder. number of outlet of the
traverse points; control device.
ii. Measure O2 at (2) Method 3, 3A, (b) Measurements
the inlet and or 3B of 40 CFR to determine O2
outlet of the part 60, appendix concentration and
control device; A. moisture must be
made at the same
time as the
measurements for
NOX
concentration.
iii. If necessary, (3) Method 4 of 40 (c) Measurements
measure moisture CFR part 60, to determine O2
content at the appendix A. concentration and
inlet and outlet moisture must be
of the control made at the same
device; and time as the
measurements for
NOX
concentration.
iv. Measure NOX at (4) Method 7E of (d) NOX
the inlet and 40 CFR part 60, concentration
outlet of the appendix A. must be at 15
control device. percent O2 dry
basis. Results of
this test consist
of the average of
the three 1-hour
or longer runs.
[[Page 39902]]
b. Limit the i. Select the (1) Method 1 of 1A (a) if using
concentration of sampling port of 40 CFR part control device,
NOX in the locations and the 60, appendix A. the sampling site
stationary CI number of must be located
internal traverse points; at the T the
combustion engine outlet of the
exhaust. control device.
ii. Determine the (2) Method 3, 3A, (b) Measurements
O2 concentration or 3B of 40 CFR to determine O2
of the stationary part 60, Appendix concentration and
internal A. moisture must be
combustion engine made at the same
exhaust at the time as the
sampling port measurement for
location; and NOX
concentration.
iii. If necessary (3) Method 4 of 40 (c) Measurements
measure moisture CFR part 60, to determine O2
content of the appendix A. concentration and
stationary moisture must be
internal made at the same
combustion engine time as the
exhaust at the measurement for
sampling port NOX
location; and concentration.
iv. Measure NOX at (4) Method 7E of (d) NOX
the exhaust of 40 CFR part 60, concentration
the stationary appendix A. must be at 15
internal percent O2 dry
combustion engine. basis. Results of
this test consist
of the average of
the three 1-hour
or longer runs.
c. Reduce PM i. Select the (1) Method 1 or 1A (a) Sampling sites
emissions by 60 sampling port of 40 CFR part must be located
percent or more. location and the 60, appendix A. at the inlet and
number of outlet of the
traverse points; control device.
ii. Measure O2 at (2) Method 3, 3A, (b) Measurements
the inlet and or 3B of 40 CFR to determine O2
outlet of the part 60, appendix concentration and
control device; A. moisture must be
made at the same
time as the
measurements for
PM concentration.
iii. If necessary (3) Method 4 of 40 (c) Measurements
measure moisture CFR part 60, to determine O2
content at the appendix A. concentration and
inlet and outlet moisture must be
of the control made at the same
device; and time as the
measurements for
PM concentration.
iv. Measure PM at (4) Method 5 of 40 (d) PM
the inlet and CFR part 60, concentration
outlet of the appendix A. must be at 15
control device. percent O2 dry
basis. Results of
this test consist
of the average of
the three 1-hour
or longer runs.
d. Limit the i. Select the (1) Method 1 or 1A (a) If using a
concentration of sampling port of 40 CFR part control device,
PM in the location and the 60, appendix A. the sampling site
stationary CI number of must be located
internal traverse points; at the outlet of
combustion engine the control
exhaust. device.
ii. Determine the (2) Method 3, 3A (b) Measurements
O2 concentration or 3B of 40 CFR to determine O2
of the stationary part 60, appendix concentration and
internal A. moisture must be
combustion engine made at the same
exhaust at the time as the
sampling port measurements for
location; and PM concentration.
iii. If necessary (3) Method 4 of 40 (c) Measurements
measure moisture CFR part 60, to determine O2
content of the appendix A. concentration and
stationary moisture must be
internal made at the same
combustion engine time as the
exhaust at the measurements for
sampling port PM concentration.
location; and
iv. Measure PM at (4) Method 5 of 40 (d) PM
the exhaust of CFR part 60, concentration
the stationary appendix A. must be at 15
internal percent O2 dry
combustion basis. Results of
engine. this test consist
of the average of
the three 1-hour
or longer runs.
----------------------------------------------------------------------------------------------------------------
[[Page 39903]]
PART 85--[AMENDED]
3. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
4. Section 85.2401 is amended by revising paragraphs (a)(6),
(a)(11), and (a)(12) and adding paragraph (a)(13) to read as follows:
Sec. 85.2401 To whom do these requirements apply?
(a) * * *
(6) Nonroad compression-ignition engines (See 40 CFR parts 89 and
1039)
* * * * *
(11) Heavy-duty highway gasoline vehicles (evaporative emissions
certification only) (See 40 CFR part 86);
(12) Large nonroad spark-ignition engines (engines > 19 kW) (See 40
CFR part 1048); and
(13) Stationary internal combustion engines (See 40 CFR part 60,
subpart IIII).
5. Section 85.2403 is amended by revising the definition for
``Federal certificate'' in paragraph (a), revising paragraphs (b)(8)
and (b)(9), and adding paragraphs (b)(10) and (b)(11) to read as
follows:
Sec. 85.2403 What definitions apply to this subpart?
(a) * * *
* * * * *
Federal certificate is a Certificate of Conformity issued by EPA
which signifies compliance with emission requirements in any of the
parts specified in paragraph (b) of this section.
* * * * *
(b) * * *
(8) 40 CFR part 1039;
(9) 40 CFR part 1048;
(10) 40 CFR part 1051; and
(11) 40 CFR part 60, subpart IIII.
6. Section 85.2405 is amended by adding paragraph (e) to read as
follows:
Sec. 85.2405 How much are the fees?
* * * * *
(e) Fees for stationary CI internal combustion engine certificate
requests shall be calculated in the same manner as for NR CI
certificate requests for engines with a displacement less than 10
liters per cylinder, and in the same manner as for marine engine
certificate requests for engines with a displacement greater than or
equal to 10 liters per cylinder. Fees for certificate requests where
the certificate would apply to stationary and mobile engines shall be
calculated in the same manner as fees for the certificate requests for
the applicable mobile source engines.
PART 89--[AMENDED]
7. The authority citation for part 89 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
8. Section 89.1 is amended by adding paragraph (c) to read as
follows:
Sec. 89.1 Applicability.
* * * * *
(c) This part applies as specified in 40 CFR part 60 subpart IIII,
to compression-ignition engines subject to the standards of 40 CFR part
60, subpart IIII.
9. Section 89.115 is amended by adding paragraph (d)(11) to read as
follows:
Sec. 89.115 Application for certificate.
* * * * *
(d) * * *
(11) A statement indicating whether the engine family contains only
nonroad engines, only stationary engines, or both.
10. Section 89.201 is revised to read as follows:
Sec. 89.201 Applicability.
Nonroad compression-ignition engines subject to the provisions of
subpart A of this part are eligible to participate in the averaging,
banking, and trading program described in this subpart. As specified in
40 CFR part 60, subpart IIII, stationary engines certified under this
part and subject to the standards of 40 CFR part 60 subpart IIII, may
participate in the averaging, banking, and trading program described in
this subpart.
PART 94--[AMENDED]
11. The authority citation for part 94 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
12. Section 94.1 is amended by adding paragraph (d) to read as
follows:
Sec. 94.1 Applicability.
* * * * *
(d) This part applies as specified in 40 CFR part 60, subpart IIII,
to compression-ignition engines subject to the standards of 40 CFR part
60, subpart IIII.
13. Section 94.301 is revised to read as follows:
Sec. 94.301 Applicability.
Marine engine families subject to the standards of subpart A of
this part are eligible to participate in the certification averaging,
banking, and trading program described in this subpart. The provisions
of this subpart apply to manufacturers of new engines that are subject
to the emission standards of Sec. 94.8. As specified in 40 CFR part
60, subpart IIII, stationary engines certified under this part and
subject to the standards of 40 CFR part 60, subpart IIII, may
participate in the averaging, banking, and trading program described in
this subpart.
PART 1039--[AMENDED]
14. The authority citation for part 1039 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
15. Section 1039.1 is amended by revising paragraph (c) to read as
follows:
Sec. 1039.1 Does this part apply for my engines?
* * * * *
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines may be
required by subpart IIII of 40 CFR part 60 to comply with some of the
provisions of this part 1039; otherwise, these engines are only
required to comply with the requirements in Sec. 1039.20. In addition,
the prohibitions in 40 CFR 1068.101 restrict the use of stationary
engines for nonstationary purposes unless they are certified under this
part 1039.
* * * * *
16. Section 1039.20 is amended by revising paragraphs (a) and
adding paragraph (c) to read as follows:
Sec. 1039.20 What requirements from this part apply to excluded
stationary engines?
* * * * *
(a) You must add a permanent label or tag to each new engine you
produce or import that is excluded under Sec. 1039.1(c) as a
stationary engine and is not required by 40 CFR 60, subpart IIII, to
meet the requirements of this part 1039. To meet labeling requirements,
you must do the following things:
(1) Attach the label or tag in one piece so no one can remove it
without destroying or defacing it.
(2) Secure it to a part of the engine needed for normal operation
and not normally requiring replacement.
(3) Make sure it is durable and readable for the engine's entire
life.
(4) Write it in English.
(5) Follow the requirements in Sec. 1039.135(g) regarding
duplicate labels if the engine label is obscured in the final
installation.
* * * * *
(c) Stationary engines required by 40 CFR 60, subpart IIII, to meet
the requirements of this part 1039 must meet the labeling requirements
of 40 CFR Sec. 60.4210.
17. Section 1039.205 is amended by revising paragraph (v) to read
as follows:
[[Page 39904]]
Sec. 1039.205 What must I include in my application?
* * * * *
(v) State whether your certification is intended to include engines
used in stationary applications. State whether your certification is
limited for certain engines. If this is the case, describe how you will
prevent use of these engines in applications for which they are not
certified. This applies for engines such as the following:
(1) Constant-speed engines.
(2) Engines used for transportation refrigeration units that you
certify under the provisions of Sec. 1039.645.
(3) Hand-startable engines certified under the provisions of Sec.
1039.101(c).
(4) Engines above 560 kW that are not certified to emission
standards for generator-set engines.
* * * * *
18. Section 1039.705 is amended by revising paragraph (c) to read
as follows:
Sec. 1039.705 How do I generate and calculate emission credits?
* * * * *
(c) In your application for certification, base your showing of
compliance on projected production volumes for engines whose point of
first retail sale is in the United States. As described in Sec.
1039.730, compliance with the requirements of this subpart is
determined at the end of the model year based on actual production
volumes for engines whose point of first retail sale is in the United
States. Do not include any of the following engines to calculate
emission credits:
(1) Engines exempted under subpart G of this part or under 40 CFR
part 1068.
(2) Exported engines.
(3) Engines not subject to the requirements of this part, such as
those excluded under Sec. 1039.5.
(4) Engines in families that include only stationary engines,
except for engines in families certified to standards that are
identical to standards applicable under this part 1039 to nonroad
engines of the same type for the same model year.
(5) Any other engines, where we indicate elsewhere in this part
1039 that they are not to be included in the calculations of this
subpart.
PART 1065--[AMENDED]
19. The authority citation for part 1065 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
20. Section 1065.1 is amended by adding paragraph (a)(5) to read as
follows:
Sec. 1065.1 Applicability
(a) * * *
(5) Stationary compression-ignitions engines certified using the
provisions of 40 CFR part 1039, as indicated under 40 CFR part 60,
subpart IIII, the standard-setting part for these engines.
PART 1068--[AMENDED]
21. The authority citation for part 1068 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
22. Section 1068.1 is amended by adding paragraph (a)(4) to read as
follows:
Sec. 1068.1 Does this part apply to me?
(a) * * *
(4) Stationary compression-ignitions engines certified under 40 CFR
part 60, subpart IIII.
* * * * *
23. Section 1068.310 is amended by revising paragraph (b) to read
as follows:
Sec. 1068.310 What are the exclusions for imported engines?
* * * * *
(b) Stationary engines. The definition of nonroad engine in 40 CFR
1068.30 does not include certain engines used in stationary
applications. Such engines may be subject to the standards of 40 CFR
part 60. Engines that are excluded from the definition of nonroad
engine in this part and not subject to the standards of 40 CFR part 60
are not subject to the restrictions on imports in Sec. 1068.301(b),
but only if they are properly labeled. Section 1068.101 restricts the
use of stationary engines for non-stationary purposes.
* * * * *
[FR Doc. 05-13338 Filed 7-8-05; 8:45 am]
BILLING CODE 6560-50-P