[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Proposed Rules]
[Pages 33804-33855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4919]
[[Page 33803]]
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Part II
Environmental Protection Agency
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40 CFR Parts 60, 63, et al.
Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines and National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines; Proposed Rule
Federal Register / Vol. 71, No. 112 / Monday June 12, 2006 / Proposed
Rules
[[Page 33804]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 63, 85, 90, 1048, 1065, and 1068
[EPA-HQ-OAR-2005-0030, FRL-8176-1]
RIN 2060-AM81 and 2060-AN62
Standards of Performance for Stationary Spark Ignition Internal
Combustion Engines and National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing new source standards of performance for
stationary spark ignition internal combustion engines. EPA is also
proposing national emission standards for hazardous air pollutants for
stationary reciprocating internal combustion engines that either are
located at area sources of hazardous air pollutant emissions or that
have a site rating of less than or equal to 500 brake horsepower and
are located at major sources of hazardous air pollutant emissions.
DATES: Comments must be received on or before September 11, 2006, or 60
days after date of public hearing if later. Under the Paperwork
Reduction Act, comments on the information collection provisions must
be received by the Office of Management and Budget (OMB) on or before
July 12, 2006. Public Hearing. If anyone contacts us requesting to
speak at a public hearing by July 3, 2006, a public hearing will be
held on July 12, 2006. If you are interested in attending the public
hearing, contact Ms. Pamela Garrett at (919) 541-7966 to verify that a
hearing will be held.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0030, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Please include a total of two copies.
EPA requests a separate copy also be sent to the contact person
identified below (see FOR FURTHER INFORMATION CONTACT). In addition,
please mail a copy of your comments on the information collection
provisions to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Attn: Desk Officer for EPA, 735 17th St.,
NW., Washington, DC 20503.
Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW., Washington,
DC. Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0030. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Public Hearing: If a public hearing is held, it will be held at
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC or an alternate site nearby.
Docket: All documents in the docket are listed in the
www.regulations.gov index. We also rely on documents in Docket ID Nos.
A-96-55 and A-2000-01, and incorporate those dockets into the record
for this proposed rule. Although listed in the index, some information
is not publicly available, e.g., CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Jaime Pag[aacute]n, Energy
Strategies Group, Sector Policies and Programs Division (D243-01),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-5340; facsimile number (919) 541-
5450; email address ``[email protected].''
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in the preamble.
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments for EPA?
II. Background
III. Summary of This Proposed Rule
A. What is the source category regulated by this proposed rule?
B. What are the pollutants regulated by this proposed rule?
C. What are the proposed standards?
D. What are the requirements for sources that are modified or
reconstructed?
E. What are the requirements for demonstrating compliance?
F. What are the reporting and recordkeeping requirements?
IV. Rationale for Proposed Rule
A. Which control technologies apply to stationary engines?
B. How did EPA determine the basis and level of the proposed
standards?
C. How did EPA determine the compliance requirements?
D. How did EPA determine the reporting and recordkeeping
requirements?
E. Why did EPA determine to exempt area sources from title V
permit requirements?
V. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental and energy
impacts?
VI. Solicitation of Comments and Public Participation
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
[[Page 33805]]
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
I. General Information
A. Does this action apply to me?
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Category NAICS \1\ Examples of regulated entities
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Any manufacturer that produces or any 2211 Electric power generation, transmission, or
industry using a stationary internal 622110 distribution.
combustion engine as defined in this 335312 Medical and surgical hospitals.
proposed rule. 333912 Motor and generator manufacturing.
333992 Pump and compressor manufacturing.
48621 Welding and soldering equipment manufacturing.
211111 Natural gas transmission.
211112 Crude petroleum and natural gas production.
92811 Natural gas liquids producers.
National security.
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\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria of this proposed rule. If
you have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the diskor CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI to only the following address: Mr. Jaime
Pag[aacute]n, c/o OAQPS Document Control Officer (Room C404-02), U.S.
EPA, Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-
OAR-2005-0030.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
(a) Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
(b) Follow directions. EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
(c) Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
(d) Describe any assumptions and provide any technical information
and/or data that you used.
(e) If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
(f) Provide specific examples to illustrate your concerns, and
suggest alternatives.
(g) Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
(h) Make sure to submit your comments by the comment period
deadline identified.
Docket. The docket number for this proposed rule is Docket ID No.
EPA-HQ-OAR-2005-0030.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed rule will be posted on the WWW
through the Technology Transfer Network Web site (TTN Web). Following
signature, EPA will post a copy of this proposed rule on the TTN's
policy and guidance page for newly proposed or promulgated rules at
http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
II. Background
This action proposes new source performance standards (NSPS) that
would apply to new stationary spark ignition (SI) internal combustion
engines (ICE). New source performance standards implement section
111(b) of the Clean Air Act (CAA), and are issued for categories of
sources which cause, or contribute significantly to, air pollution
which may reasonably be anticipated to endanger public health or
welfare. The standards apply to new stationary sources of emissions,
i.e., sources whose construction, reconstruction, or modification
begins after a standard for those sources is proposed. The NSPS for
stationary SI ICE would be promulgated under 40 CFR part 60, subpart
JJJJ.
This action also proposes national emission standards for hazardous
air pollutants (NESHAP) from existing, new, and reconstructed
stationary reciprocating internal combustion engines (RICE) with a site
rating of less than or equal to 500 horsepower (HP) located at major
sources, and existing, new, and reconstructed stationary RICE located
at area sources. We are proposing these requirements to meet our
statutory obligation to address hazardous air pollutants (HAP)
emissions from these sources under sections 112(d) and 112(k) of the
CAA. The final NESHAP for stationary RICE would be promulgated under 40
CFR part 63, subpart ZZZZ, which already contains standards applicable
to stationary RICE with a site rating above 500 HP located at major
sources.
We are proposing these two sets of regulations under one notice of
proposed rulemaking because the source categories being addressed are
practically identical. In other words, stationary engines located at
major and area sources of HAP will also be affected by NSPS
regulations. Based on the similarities, we decided that it would be
appropriate to propose the regulations at the same time and attempt to
bring some consistency between them.
[[Page 33806]]
III. Summary of this Proposed Rule
A. What is the source category regulated by this proposed rule?
The proposed NSPS apply to new stationary SI ICE. A stationary
internal combustion engine means any internal combustion engine, except
combustion turbines, that converts heat energy into mechanical work and
is not mobile. Stationary ICE differ from mobile ICE in that a
stationary internal combustion engine is not a nonroad engine as
defined at 40 CFR 1068.30, and is not used to propel a motor vehicle or
a vehicle used solely for competition. Stationary ICE include
reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines. The proposed NESHAP applies only to stationary RICE. To our
knowledge, no rotary or other types of stationary ICE exist at this
time.
The SI NSPS address emissions from new, modified and reconstructed
stationary SI engines. An SI engine is either a gasoline-fueled engine;
or any other type of engine, with a spark plug (or other sparking
device) and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation. Dual-fuel engines in which a liquid fuel (typically diesel
fuel) is used for compression ignition and gaseous fuel (typically
natural gas) is used as the primary fuel at an annual average ratio of
less than 2 parts diesel fuel to 100 parts total fuel on an energy
equivalent basis are considered SI engines for purposes of this
proposed rule.
The NESHAP address emissions from existing, new, and reconstructed
stationary engines less than or equal to 500 HP located at major
sources and all stationary engines located at area sources. A major
source of HAP emissions is a plant site that emits or has the potential
to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more
per year or any combination of HAP at a rate of 25 tons (22.68
megagrams) or more per year, except that for oil and gas production
facilities, a major source of HAP emissions is determined for each
surface site. An area source of HAP emissions is a source that is not a
major source.
If you are an owner or operator of an area source subject to this
proposed rule, you are exempt from the obligation to obtain a permit
under 40 CFR parts 70 or 71, provided you are not required to obtain a
permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason other than
your status as an area source under this proposed rule.
1. SI NSPS
New source performance standards for stationary SI engines are
issued under section 111(b) of the CAA. All new, modified and
reconstructed stationary SI engines are covered regardless of size. The
NSPS apply to stationary SI engines combusting any fuel (natural gas,
gasoline, liquefied petroleum gas (LPG), compressed natural gas,
landfill gas, digester gas, and any other applicable fuel). New source
performance standards require these sources to control emissions to the
level achievable by best demonstrated technology (BDT), considering
costs and any non-air quality health and environmental impacts and
energy requirements.
Under section 111 of the CAA, 42 U.S.C. 7411, the Administrator is
required to publish, and periodically update, a list of source
categories that in his or her judgment cause, or contribute
significantly to, air pollution which may reasonably be anticipated to
endanger public health or welfare. This list appears in 40 CFR 60.16.
The list reflects the Administrator's determination that emissions from
the listed source categories contribute significantly to air pollution
that may reasonably be anticipated to endanger public health or
welfare, and it is intended to identify major source categories for
which standards of performance are to be promulgated.
EPA has determined that for purposes of NSPS regulations, the
stationary internal combustion engine source category should be split
into two source categories--SI engines and compression ignition (CI)
engines. Proposed NSPS for stationary CI engines were published on July
11, 2005 (70 FR 39870).
2. NESHAP
The NESHAP portion of this action is a revision to the regulations
in 40 CFR part 63, subpart ZZZZ, currently applicable to stationary
RICE greater than 500 HP located at major sources, which were
promulgated in 2004. Subpart ZZZZ of 40 CFR part 63 does not currently
cover stationary engines located at area sources of HAP emissions, nor
does it apply to stationary engines located at major sources with a
site rating of 500 HP or less. When the subpart ZZZZ of 40 CFR part 63
regulations were promulgated in 2004 (69 FR 33474), EPA deferred
promulgating regulations with respect to stationary engines 500 HP or
less at major sources until further information on the engines could be
obtained and analyzed. It was decided to regulate these smaller engines
at the same time as we regulate engines located at area sources.
This action proposes to revise 40 CFR part 63, subpart ZZZZ, in
order to address HAP emissions from stationary RICE less than or equal
to 500 HP located at major sources and stationary RICE located at area
sources. For stationary engines less than or equal to 500 HP at major
sources, EPA must determine what is the appropriate maximum achievable
control technology (MACT) for those engines under section 112(d)(3) of
the CAA.
For stationary engines located at area sources, we have the
flexibility to promulgate standards based on generally available
control technology (GACT) under CAA section 112(d)(5). We are required
to address HAP emissions from stationary RICE located at area sources
under section 112(k) of the CAA, based on criteria set forth by EPA in
the Urban Air Toxics Strategy described in the paragraph below.
On July 19, 1999, EPA announced in the Federal Register its plan
for addressing exposure to air toxics in urban areas. The Urban Air
Toxics Strategy (64 FR 38706) listed several source categories that
emit one or more of the air toxic pollutants of greatest concern in
urban areas. The stationary engine source category was one of the
source categories listed and, as such, EPA is required to consider it
for regulation. The strategy addressed sections 112(c)(3) and
112(k)(3)(B)(ii) of the CAA that instruct us to identify not less than
30 HAP which, as the result of emissions from area sources, present the
greatest threat to public health in the largest number of urban areas,
and to list sufficient area source categories or subcategories to
ensure that emissions representing 90 percent of the 30 listed HAP are
subject to regulation. The strategy included a list of 33 HAP judged to
pose the greatest potential threat to public health in the largest
number of urban areas (the urban HAP) and a list of area source
categories emitting the listed HAP (area source HAP). Once listed,
these area source categories shall be subject to standards under
section 112(d) of the CAA.
We have divided the source category into the following
subcategories: Stationary RICE less than 50 HP, landfill and digester
gas stationary RICE, CI stationary RICE greater than or equal to 50 HP,
and SI stationary RICE greater than or equal to 50 HP. The CI
stationary RICE greater than or equal to 50 HP subcategory was further
subcategorized into emergency and non-emergency engines, as was the
[[Page 33807]]
subcategory of SI stationary RICE greater than or equal to 50 HP. Spark
ignition non-emergency stationary RICE greater than or equal to 50 HP
were then subcategorized into 2 stroke lean burn (2SLB), 4 stroke lean
burn (4SLB), and 4 stroke rich burn (4SRB) stationary RICE.
The regulatory approach being proposed in this action
differentiates between gasoline, LPG, natural gas, and digester and
landfill gas. Gasoline and LPG are fuels more commonly used in nonroad
engines than stationary engines. Nonroad SI engines less than or equal
to 19 kilowatt (KW) (25 HP) typically use gasoline. It is estimated
that about 68 percent of SI nonroad engines above 19 KW (25 HP) use
LPG. A smaller percentage of nonroad SI engines above 19 KW (25 HP) use
gasoline (about 23 percent) and even less use compressed natural gas
(about 9 percent). Natural gas fuel is more common in larger,
stationary applications. Natural gas engines refer to all gaseous-
fueled engines except those fueled by landfill and digester gas.
Natural gas is primarily composed of methane and typically contains
very low levels of sulfur. Other fuels used with stationary SI engines
are landfill and digester gases. These gases are by-products of
wastewater treatment and land application of municipal reuse. Landfill
and digester gases, which are formed through anaerobic decomposition of
organic materials, are principally comprised of methane and carbon
dioxide, but small quantities of other compounds such as hydrogen
sulfide, ammonia, volatile organic compounds, and particulate matter
(PM) may also be present. These gases have a lower methane content than
natural gas and may range from 50 to 65 percent. Although similar in
composition to natural gas, there are some differences in the emissions
from combustion of landfill and digester gases due to e.g., chlorinated
compounds typically not found in natural gas. Both landfill and
digester gases contain a family of silicon-based gases collectively
called siloxanes. Combustion of siloxanes forms compounds that have
been known to foul fuel systems, combustion chambers, and post-
combustion catalysts.
B. What are the pollutants regulated by this proposed rule?
New source performance standards are developed under the authority
of section 111 of the CAA. Emissions of criteria pollutants (those
pollutants identified under section 110 of the CAA) are generally
regulated under section 111 of the CAA, while HAP are regulated under
section 112 of the CAA. Emissions from stationary engines contribute
significantly to air pollution and cause adverse health and welfare
effects. The pollutants to be regulated by the proposed NSPS for
stationary SI engines are nitrogen oxides (NOX), carbon
monoxide (CO), and non-methane hydrocarbons (NMHC). In addition, a
sulfur limit on gasoline is being proposed.
Nitrogen oxides are listed as criteria pollutants and are regulated
due to their contribution to the formation of ozone. Nitrogen oxides
are precursors to ozone formation. Exposure to ozone has been linked to
health and welfare impacts. Health and welfare risks include impaired
respiratory function, eye irritation, deterioration of materials such
as rubber, and necrosis of plant tissue. Nitrogen oxides are also a
major precursor for nitrate PM. Particulate matter, also regulated as a
criteria pollutant, is associated with premature mortality and a number
of serious adverse respiratory and cardiovascular effects, especially
in children, the elderly, and people with existing heart or lung
disease. Particulate matter also reduces visibility and damages
building materials. Nitrogen oxides are also associated with various
other health and welfare effects. Nitrogen dioxide can cause irritation
of the lungs and can also reduce the resistance to respiratory
infection. Nitrogen oxides are one of the major pollutants emitted from
stationary ICE and stationary ICE are considered to cause or contribute
significantly to nationwide releases of NOX emissions.
Carbon monoxide is a criteria pollutant and is considered harmful
to public health and the environment. Carbon monoxide has been linked
to increased risk for people with heart disease, reduced visual
perception, cognitive functions and aerobic capacity, and possible
fetal effects. Stationary engines emit CO and are considered to
contribute to several areas failing to attain the National Ambient Air
Quality Standards for CO.
Emissions of NMHC from stationary engines contribute to the
formation of ozone. In addition, emissions of NMHC include air toxics
such as benzene, formaldehyde, acetaldehyde, 1,3-butadiene, and
acrolein. These substances are known or suspected to be human or animal
carcinogens, or having noncancer health effects such as irritation or
corrosion of the eyes, nose, throat, and lungs; pulmonary and
respiratory problems; and dermatitis and sensitization of the skin and
respiratory tract. Stationary engines contribute to nationwide releases
of NMHC emissions.
Sulfur dioxide (SO2) is a criteria pollutant emitted
from stationary SI engines due to sulfur in gasoline. It contributes to
respiratory illness, particularly in children and the elderly, and
aggravates existing heart and lung diseases. It also contributes to
acid deposition, damaging forests, aquatic ecosystems, crops, and
building materials. Sulfur dioxide undergoes chemical reactions in the
atmosphere to form sulfate PM. The health effects of PM were previously
described in this section. This proposed rule reduces SO2
and sulfate PM by requiring the use of gasoline with lower sulfur
levels, thus improving air quality, public health, and public welfare.
The NESHAP being proposed in this action would regulate emissions
of HAP. Available emissions data show that several HAP are emitted from
stationary engines, which are formed during the combustion process or
that are contained within the fuel burned. Many HAP have been detected
from the stationary engine exhaust, but only a handful of HAP represent
the majority of HAP emissions from stationary engines. These HAP are
formaldehyde, acrolein, methanol, and acetaldehyde. We described the
health effects of these HAP and other HAP emitted from the operation of
stationary ICE in the preamble to 40 CFR part 63, subpart ZZZZ,
published on June 15, 2004, on page 33474 of the Federal Register.
These HAP emissions are known to cause, or contribute significantly to
air pollution, which may reasonably be anticipated to endanger public
health or welfare.
Under the RICE NESHAP, we are proposing to limit emissions of HAP
through emissions standards for NMHC and formaldehyde. We have
determined that it is appropriate to use NMHC and formaldehyde or CO
emissions as a surrogate for HAP emissions. For the RICE MHAP
promulgated in 2004 (69 FR 33474) for engines greater than 500 HP
located at major sources, EPA chose to select a single pollutant to
serve as a surrogate for HAP emissions. Formaldehyde is the hazardous
air pollutant present in the highest concentration from stationary
engines. In addition, emissions data show that formaldehyde emission
levels are related to other HAP emission levels. For the NESHAP
promulgated in 2004, EPA also found that there is a strong relationship
between CO emissions reductions and HAP emissions reductions from 2SLB,
4SLB, and CI stationary engines. Therefore, CO emissions reductions
were chosen as a surrogate for HAP emissions reductions for 2SLB, 4SLB,
and CI stationary
[[Page 33808]]
engines operating with oxidation catalyst systems for that rule. For
the standards being proposed in this action, EPA believes that
previously made decisions regarding the appropriateness of using
formaldehyde and CO as surrogates for HAP are still valid. For this
proposal, EPA conducted an analysis using available emissions data to
look at the relationship between formaldehyde (a surrogate for HAP) and
NMHC. Based on statistical results of engine exhaust data, these data
indicate that there is a significant relationship between formaldehyde
and NMHC emissions from 2SLB, 4SLB, and CI stationary RICE. For this
reason, EPA believes it is appropriate to use NMHC emissions as a
surrogate for formaldehyde, and consequently, also as a surrogate for
HAP emissions. Much of the HAP being regulated are hydrocarbons; e.g.,
formaldehyde, an oxygenated hydrocarbon, is the HAP emitted in largest
quantities from stationary engines. For more information on EPA's
analysis of NMHC as a surrogate for HAP, refer to the docket for this
proposal.
C. What are the proposed standards?
A description of the proposed standards is provided in the
following sections.
1. SI NSPS
a. Stationary SI Engines <=19 KW (25 HP). EPA is proposing emission
standards that will affect manufacturers, owners, and operators of
stationary SI engines. Engine manufacturers must certify their
stationary SI engines with a maximum engine power less than or equal to
19 KW (25 HP) that are manufactured after January 1, 2008, to the
certification emission standards for new nonroad SI engines in 40 CFR
part 90, as applicable. The standards applicable to these engines are
shown in Table 1 of this preamble.
Table 1.--NOX, HC, NMHC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Stationary SI Engines <=19 KW (25
HP)
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Emission requirement in g/KW-hr (g/HP-hr)
Engine classc ------------------------------------------------ Manufacture date\b\
HC+NOX NMHC+NOXa CO
----------------------------------------------------------------------------------------------------------------
I................................. 16.1 14.8
(12.0) (11.0)
I-A............................... 50 .............. 610 January 1, 2008.
(37) .............. (455)
I-B............................... 40 37
(30) (27.6)
II................................ 12.1 11.3
(9.0) (8.4)
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aNMHC+NOX standards are applicable only to natural gas fueled engines at the option of the manufacturer, in lieu
of HC+NOX standards.
bModified and reconstructed engines manufactured prior to January 1, 2008, must meet the standards applicable to
engines manufactured after January 1, 2008.
cClass I-A: Engines with displacement <66 cubic centimeter (cc); Class I-B: Engines with displacement greater
than or equal to 66 cc and less than 100 cc; Class I: Engines with displacement greater than or equal to 100
cc and less than 225 cc; Class II: Engines with displacement greater than or equal to 225 cc.
b. Stationary SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG
Engines >19 KW (25 HP). Engine manufacturers must certify their
stationary SI engines with a maximum engine power greater than 19 KW
(25 HP) and less than 500 HP that use gasoline or rich burn engines
greater than 19 KW (25 HP) and less than 500 HP that use LPG that are
manufactured after January 1, 2008, to the certification emission
standards for new nonroad SI engines in 40 CFR part 1048, as
applicable. Engine manufacturers must certify their stationary SI
engines with a maximum engine power greater than or equal to 500 HP
that use gasoline or rich burn engines greater than or equal to 500 HP
that use LPG that are manufactured after July 1, 2007, to the
certification emission standards for new nonroad SI engines in 40 CFR
part 1048. The standards applicable to engines greater than 19 KW (25
HP) that are gasoline or rich burn engines that use LPG are shown in
Table 2 of this preamble.
Table 2.--NOX, HC, and CO Emission Standards in g/KW-hr (g/HP-hr) for Stationary SI Gasoline Engines >19 KW (25
HP) and Rich Burn LPG Engines >19 KW (25 HP)
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Emission requirement in g/KW-hr
(g/HP-hr) a, b
Maximum engine power Manufacture date ---------------------------------
HC+NOX CO
----------------------------------------------------------------------------------------------------------------
25=500 d.................................... July 1, 2007................... 2.7 4.4
(2.0) (3.3)
July 1, 2007................... 2.7 130.0
(severe duty).................. (2.0) (97.0)
----------------------------------------------------------------------------------------------------------------
a You may optionally certify your engines according to the following formula instead of the standards in Table 2
of this preamble: (HC+NOX)xCO0.784<=8.57. The HC+NOX and CO emission levels you select to satisfy this
formula, rounded to the nearest 0.1 g/kW-hr, become the emission standards that apply for those engines. You
may not select an HC+NOX emission standard higher than 2.7 g/kW-hr or a CO emission standard higher than 20.6
g/kW-hr.
b Provisions in 40 CFR part 1048 allow engines with a maximum engine power at or below 30 KW (40 HP) with a
total displacement at or below 1,000 cubic centimeters (cc) to comply with the requirements of 40 CFR part 90.
[[Page 33809]]
c Modified and reconstructed engines between 25 and 500 HP manufactured prior to January 1, 2008, must meet the
standards applicable to engines manufactured after January 1, 2008.
d Modified and reconstructed engines greater than or equal to 500 HP manufactured prior to July 1, 2007, must
meet the standards applicable to engines manufactured after July 1, 2007.
In addition to the emission standards shown in Table 2 of this
preamble, there are separate field testing standards required under 40
CFR part 1048 that are part of the certification requirements for
engine manufacturers.
c. Stationary Non-Emergency SI Natural Gas Engines 19X to 2.0 grams
per HP-hour (g/HP-hr), emissions of CO to 4.0 g/HP-hr, and emissions of
NMHC to 1.0 g/HP-hr. More stringent emission standards take effect 3
years later, i.e., for stationary natural gas engines 19 to 37 KW (25
to 50 HP) and lean burn engines using LPG between 19 and 37 KW (25 and
50 HP) manufactured after January 1, 2011. These engines must comply
with a NOX standard of 1.0 g/HP-hr, a CO standard of 2.0 g/
HP-hr, and a NMHC standard of 0.7 g/HP-hr. Engine manufacturers have
the option to certify their stationary SI engines to these emission
standards. However, the certification is only voluntary, and it is up
to the manufacturer to decide if it believes certification is feasible
and beneficial. Also, engine manufacturers have the option to certify
stationary SI engines between 19 and 37 KW (25 and 50 HP) that are
natural gas engines or lean burn engines using LPG to the emission
standards in 40 CFR part 1048, as shown in Table 2 of this preamble.
Additionally, engine manufacturers may certify engines between 19 and
30 KW (25 and 40 HP) with a displacement of 1,000 cc or less to the
provisions of 40 CFR part 90 (shown in Table 1 of this preamble), which
is consistent with similar provisions applicable to nonroad engines in
this displacement and size category. A summary of the proposed
standards for stationary non-emergency SI natural gas engines between
19 and 37 KW (25 and 50 HP) and stationary non-emergency lean burn LPG
engines between 19 and 37 KW (25 and 50 HP) is provided in Table 3 of
this preamble.
d. Stationary Non-Emergency SI Natural Gas Engines 50<=HP<500 and
Lean Burn LPG Engines 50<=HP<500. EPA is proposing emission standards
in two stages for these engines. Owners and operators who purchase
stationary SI engines with a maximum engine power between 50 and 500 HP
that are natural gas engines or lean burn engines using LPG that are
manufactured after January 1, 2008, must limit their exhaust emissions
of NOX to 2.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and
emissions of NMHC to 1.0 g/HP-hr. Again, engine manufacturers may
voluntarily certify these stationary SI engines to these emission
standards, but the certification is not required by this proposed rule.
Stationary SI engines with a maximum engine power between 50 and 500 HP
that are natural gas engines or lean burn engines using LPG that are
manufactured after January 1, 2011, must limit their exhaust emissions
of NOX to 1.0 g/HP-hr, emissions of CO to 2.0 g/HP-hr, and
emissions of NMHC to 0.7 g/HP-hr. A summary of the emission standards
EPA is proposing for these engines is shown in Table 3 of this
preamble.
Table 3.--NOX, NMHC, and CO Emission Standards in g/HP-hr for Stationary SI Engines >19KW (25 HP)
[Except Gasoline and Rich Burn LPG Engines]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission standards in g/HP-hr
Engine type and fuel Maximum engine power Manufacture date a -----------------------------------------------
NOX CO NMHC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas 25=500..................... January 1, 2008.................. 3.0 5.0 1.0
January 1, 2011.................. 2.0 5.0 1.0
HP>=500..................... July 1, 2007..................... 3.0 5.0 1.0
July 1, 2010..................... 2.0 5.0 1.0
Emergency.............................. All Sizes................... January 1, 2009.................. 2.0 4.0 1.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Stationary SI natural gas and lean burn LPG engines between 19 and 37 KW (25 and 50 HP) may comply with the requirements of Table 2 of this
preamble, instead of this table, as applicable.
e. Stationary Non-Emergency SI Natural Gas Engines >=500 HP and
Non-Emergency Lean Burn LPG Engines >=500 HP. EPA is proposing emission
standards in two stages for stationary non-emergency SI natural gas
engines greater than or equal to 500 HP and non-emergency lean burn LPG
engines greater than or equal to 500 HP. Owners and operators who
purchase stationary SI engines with a maximum engine power greater than
or equal to 500 HP that are natural gas engines or lean burn engines
using LPG that are manufactured after July 1, 2007, must limit their
exhaust emissions of NOX to 2.0 g/HP-hr, emissions of CO to
4.0 g/HP-hr, and emissions of NMHC to 1.0 g/HP-hr. Engine manufacturers
may voluntarily certify these stationary SI engines to these emission
standards, but the certification is not required by the rule, as
proposed. Stationary SI engines with a maximum engine power greater
than or equal to 500 HP that are natural gas engines or lean burn
engines using LPG that are manufactured after July 1, 2010, must limit
their exhaust emissions of NOX to 1.0 g/HP-hr, emissions of
CO to 2.0 g/HP-hr, and emissions of NMHC to 0.7 g/HP-hr. Again,
manufacturers may voluntarily certify their engines to these emission
standards. A summary of the emission standards EPA is proposing for
these engines is shown in Table 3 of this preamble.
[[Page 33810]]
f. Stationary SI Landfill/Digester Gas Engines. Similar to other
stationary SI engines, EPA is proposing emission standards in two
stages for landfill and digester gas fired engines. Owners and
operators who purchase stationary landfill or digester SI engines that
are manufactured after July 1, 2007, that are greater than or equal to
500 HP must limit their exhaust emissions of NOX to 3.0 g/
HP-hr, emissions of CO to 5.0 g/HP-hr, and emissions of NMHC to 1.0 g/
HP-hr. Stationary landfill and digester gas SI engines greater than or
equal to 500 HP that are manufactured after July 1, 2010, must limit
their exhaust emissions of NOX to 2.0 g/HP-hr, emissions of
CO to 5.0 g/HP-hr, and emissions of NMHC to 1.0 g/HP-hr. Again, engine
manufacturers may voluntarily certify these stationary SI engines to
these emission standards, but the certification is not required by the
rule, as proposed. Stationary SI engines that use landfill or digester
gas that are less than 500 HP are given an extra 6 months to comply
with the standards. The first stage of limits of 3.0, 5.0, and 1.0 g/
HP-hr, for NOX, CO, and NMHC, respectively, applies to
landfill and digester gas engines manufactured after January 1, 2008.
The second stage of limits of 2.0, 5.0, and 1.0 g/HP-hr, for
NOX, CO, and NMHC, respectively, applies to landfill and
digester gas engines manufactured after January 1, 2011. A summary of
the emission standards EPA is proposing for these engines is shown in
Table 3 of this preamble.
g. Stationary Emergency SI Engines. For stationary SI engines that
are emergency engines, EPA is proposing a single stage of emission
limits. Owners and operators who purchase stationary emergency engines
that are manufactured after January 1, 2009, must limit their exhaust
emissions of NOX to 2.0 g/HP-hr, emissions of CO to 4.0 g/
HP-hr, and emissions of NMHC to 1.0 g/HP-hr.
h. Fuel Requirements. In addition to emission standards, EPA is
proposing that owners and operators who use gasoline in their
stationary SI engine must use gasoline that meets the requirements of
40 CFR 80.195. The requirements include a gasoline sulfur per gallon
cap of 80 parts per million (ppm).
2. NESHAP
a. Engines <=500 HP at Major Sources. We are proposing that owners
and operators of new and reconstructed stationary SI engines with a
site rating of equal to or less than 500 HP located at a major source
of HAP emissions must generally meet the same NMHC emission standards
for new SI engines as proposed for the NSPS in 40 CFR part 60, subpart
JJJJ.
One major difference between the SI NSPS and NESHAP requirements is
that owners and operators of new or reconstructed 4SLB SI stationary
engines between 250 and 500 HP located at a major source are required
to either reduce CO emissions by 93 percent or more, or limit the
concentration of formaldehyde in the stationary engine exhaust to 14
ppm by volume, dry basis (ppmvd) or less, at 15 percent oxygen
(O2). These engines would not be required to meet the NMHC
standard. The formaldehyde standard is more stringent than the NMHC
stage 1 and stage 2 emission standards of 1.0 and 0.7 g/HP-hr,
respectively.
Under the NESHAP, owners and operators of new and reconstructed
landfill and digester gas fired engines and new and reconstructed SI
emergency engines are subject to the NMHC emission standards that are
being proposed under the SI NSPS. New and reconstructed landfill and
digester gas engines must, under the NESHAP, meet NMHC emission
standards consistent with the SI NSPS, i.e., a NMHC standard of 1.0 g/
HP-hr. Owners and operators of stationary landfill and digester gas
engines must meet the NMHC standard if they are manufactured after
January 1, 2008.
For new and reconstructed stationary SI engines with a site rating
of equal to or less than 500 HP located at a major source of HAP
emissions that are emergency engines, owners and operators who purchase
such engines that are manufactured after January 1, 2009, must limit
their exhaust emissions of NMHC to 1.0 g/HP-hr.
Finally, owners and operators of new and reconstructed stationary
CI engines with a site rating of equal to or less than 500 HP located
at a major source of HAP emissions that purchase 2007 model year and
later stationary CI engines must meet the NMHC and PM emission
standards for new CI engines specified in 40 CFR part 60, subpart IIII.
Those standards are generally based on the certification emission
standards for new nonroad CI engines. A summary of the standards being
proposed for stationary engines less than or equal to 500 HP located at
major sources is presented in Table 4 of this preamble.
Owners and operators of existing stationary engines with a site
rating of equal to or less than 500 HP located at a major source of HAP
emissions have an emissions standard of no emission reduction and are
not subject to any specific requirements under subpart ZZZZ or subpart
A of 40 CFR part 63. A stationary RICE is existing if it commences
construction or reconstruction before June 12, 2006.
Table 4.--Emission Standards for Stationary RICE <=500 HP Located at Major Sources of HAP Emissions and
Stationary RICE Located at Area Sources of HAP Emissions
----------------------------------------------------------------------------------------------------------------
Engine type and fuel Maximum engine power Manufacture date a Emission standards
----------------------------------------------------------------------------------------------------------------
Existing All Fuels and All Types. All Sizes.................. No Emission Reduction.
New/Reconstructed SI............. <=25 HP.................... January 1, 2008............ Meet 40 CFR part 60
subpart JJJJ.
New/Reconstructed SI Gasoline and 25>HP<500.................. January 1, 2008............ Meet 40 CFR part 60
Rich Burn LPG. HP>=500.................... July 1, 2007............... subpart JJJJ.
New/Reconstructed Non-Emergency 25=500.................... July 1, 2007............... 1.0 g/HP-hr NMHC
SI Natural Gas.
HP<=500.......................... July 1, 2007............... 1.0 g/HP-hr NMHC...........
[[Page 33811]]
and
New/Reconstructed Non-Emergency ........................... July 1, 2010............... 0.7 g/HP-hr NMHC.
SI Lean Burn LPG.
New/Reconstructed Non-Emergency 250=500.................... July 1, 2007............... 1.0 g/HP-hr NMHC.
Emergency SI..................... All Sizes.................. January 1, 2009............ 1.0 g/HP-hr NMHC.
----------------------------------------------------------------------------------------------------------------
a Stationary SI natural gas and lean burn LPG engines between 19 and 37 KW (25 and 50 HP) may comply with the
requirements of Table 2 of this preamble, instead of this table, as applicable.
b New and reconstructed non-emergency 4SLB engines at major sources with a site rating between 250 and 500 HP
are not required to meet the 1.0 and 0.7 g/HP-hr NMHC emission standards.
b. Engines at Area Sources. We are proposing that owners and
operators of new and reconstructed stationary engines located at area
sources of HAP emissions generally meet the same requirements that
apply to new and reconstructed stationary engines with a site rating of
equal to or less than 500 HP located at a major source of HAP
emissions. New and reconstructed stationary engines located at area
sources with a site rating greater than 500 HP are required to meet the
same NMHC standard as proposed in the SI NSPS for the engine's HP
classification, or the same NMHC and PM standards as proposed in the CI
NSPS for the engine's HP classification.
There is only one difference between the requirements for new and
reconstructed stationary engines located at area sources and new and
reconstructed stationary engines with a site rating of equal to or less
than 500 HP located at major sources. Owners and operators of new or
reconstructed 4SLB SI stationary engines between 250 and 500 HP located
at area sources are not required to reduce CO emissions by 93 percent
or more, or limit the concentration of formaldehyde in the stationary
engine exhaust to 14 ppmvd or less at 15 percent O2. New and
reconstructed stationary SI engines located at area sources must,
however, meet the NMHC emission standards shown in Table 4 of this
preamble.
Owners and operators of existing stationary engines located at an
area source of HAP emissions have an emission standard of no emission
reduction and are not subject to any specific requirements under
subpart ZZZZ or of subpart A of 40 CFR part 63.
D. What are the requirements for sources that are modified or
reconstructed?
1. SI NSPS
The proposed standards apply to stationary SI engines subject to
the SI NSPS that are modified or reconstructed after June 12, 2006. The
guidelines for determining whether a source is modified or
reconstructed are given in 40 CFR 60.14 and 40 CFR 60.15, respectively.
Stationary SI ICE less than or equal to 19 KW (25 HP) manufactured
prior to January 1, 2008 that are modified or reconstructed after June
12, 2006 are required to meet the standards that apply to engines
manufactured after January 1, 2008.
Stationary SI gasoline and rich burn LPG engines between 25 HP and
500 HP manufactured prior to January 1, 2008 that are modified or
reconstructed after June 12, 2006 are required to meet the standards
applicable to engines manufactured after January 1, 2008.
Stationary SI gasoline and rich burn LPG engines greater than or
equal to 500 HP manufactured prior to July 1, 2007 that are modified or
reconstructed after June 12, 2006 are required to meet the standards
applicable to engines manufactured after July 1, 2007.
Stationary SI natural gas and lean burn LPG engines less than 500
HP manufactured prior to January 1, 2008 that are modified or
reconstructed after June 12, 2006 are required to meet a NOX
emission standard of 3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a
NMHC standard of 1.0 g/HP-hr.
Stationary SI natural gas and lean burn LPG engines greater than or
equal to 500 HP manufactured prior to July 1, 2007 that are modified
after June 12, 2006, are required to meet a NOX emission
standard of 3.0 g/HP-hr, a CO standard of 4.0 g/HP-hr, and a NMHC
standard of 1.0 g/HP-hr.
Stationary SI landfill and digester gas engines less than 500 HP
manufactured prior to January 1, 2008 that are modified or
reconstructed after June 12, 2006 are required to meet a NOX
emission standard of 3.0 g/HP-hr, a CO standard of 5.0 g/HP-hr, and a
NMHC standard of 1.0 g/HP-hr. Stationary SI landfill and digester gas
engines greater than or equal to 500 HP manufactured prior to July 1,
2007 that are modified after June 12, 2006 are required to meet a
NOX emission standard of 3.0 g/HP-hr, a CO standard of 5.0
g/HP-hr, and a NMHC standard of 1.0 g/HP-hr.
Stationary SI emergency engines manufactured prior to January 1,
2009 that are modified or reconstructed after June 12, 2006 are
required to meet a NOX emission standard of 3.0 g/HP-hr, a
CO standard of 4.0 g/HP-hr, and a NMHC standard of 1.0 g/HP-hr.
2. NESHAP
Similar concepts as those discussed above apply to engines subject
to 40 CFR part 63 regulations; however, the concept of modification is
not included in 40 CFR part 63. The proposed standards apply to
stationary engines subject to the NESHAP that commence reconstruction
on or after June 12, 2006. The reconstruction criteria are provided in
40 CFR 63.2.
E. What are the requirements for demonstrating compliance?
The following sections describe the requirements for demonstrating
compliance under the stationary SI NSPS and NESHAP.
1. SI NSPS
Owners and operators of stationary engines subject to the
requirements of the SI NSPS must operate and maintain
[[Page 33812]]
their stationary engine and after treatment control device (if any)
according to the manufacturer's written instructions. Manufacturers of
stationary SI engines required to certify their engines must
demonstrate compliance by certifying that their stationary SI engines
meet the emission standards, as specified in 40 CFR part 60, subpart
JJJJ, as applicable, using the certification procedures in subpart B of
40 CFR part 90 and subpart C of 40 CFR part 1048, as applicable, and
must test their engines as specified in those parts. Manufacturers who
conduct voluntary certification must follow the same test procedures
that apply to large SI nonroad engines under 40 CFR part 1048, but must
use the D-2 cycle in International Organization for Standardization
(ISO) 8178-4 for stationary engines. The test cycle requirements that
manufacturers who conduct voluntary certification should follow are
provided in Table 3 to 40 CFR 1048.505.
Manufacturers who opt to voluntary certify their stationary SI
engines to the emission standards specified in this subpart must
certify their engines using fuel that meets the definition of pipeline-
quality natural gas, which according to the proposed definition must be
composed of at least 70 percent methane by volume or have a gross
calorific value between 950 and 1,100 British thermal units per
standard cubic foot.
If the manufacturer chooses to certify its stationary SI engines to
another fuel, the manufacturer must specify the properties of that fuel
and what adjustments the owner or operator must make to the engine
during installation in the field in order to meet the emission
standards. The manufacturer must also perform certification testing on
the engine on that fuel, as it would if it was certifying to pipeline-
quality natural gas, in order to assure compliance with the emission
standards. Manufacturers who conduct voluntary certification of
stationary SI ICE must also provide instructions to the owner and
operator for configuring the stationary engine to meet the emission
standards on fuels that meet the pipeline-quality natural gas
specifications and fuels that do not meet the pipeline-quality natural
gas specifications. The manufacturer must provide information to the
owner and operator of the certified stationary SI engine regarding the
particular fuels to which the engine is certified, and instructions
regarding configuring the engine in a manner most appropriate for
reducing pollutant emissions for engines operating on such fuels.
Owners and operators may operate their certified engine on other fuels
that the engine is not certified to, but the engine would no longer be
considered a certified engine and the owner or operator would be
required to test the engine to demonstrate compliance with the emission
standards.
EPA is proposing to allow owners and operators of natural gas
engines to use propane as back up fuel for emergency purposes for no
more than 100 hours per year. If propane is used for more than 100
hours per year in an engine that is not certified to the emission
standards when using propane, the owners and operators are required to
conduct a performance test to demonstrate compliance with the emission
standards.
Owners and operators that operate engines that have been certified
by the engine manufacturer are not required to perform any performance
testing unless the engine is operated outside of the fuel properties
specified by the manufacturer. If the owner or operator uses fuels that
are outside of the fuel specifications or does not follow the
adjustments specified by the manufacturer, the engine is no longer
considered a certified engine and the owner or operator must test the
engine to demonstrate compliance. If the engine is no longer considered
a certified engine, the owner or operator must test the engine
according to the test procedures that are specified for uncertified
engines, as specified in this proposed rule.
Owners and operators subject to the emission standards specified in
this proposed rule who use stationary SI engines with a maximum engine
power of less than or equal to 19 KW (25 HP) or who use stationary SI
engines with a maximum engine power greater than 19 KW (25 HP) and use
gasoline or are rich burn engines greater than 19 KW (25 HP) using LPG
must demonstrate compliance by using an engine certified to the
emission standards specified in 40 CFR part 90 or 1048, as applicable.
Owners and operators subject to this proposed rule who use
stationary SI engines with a maximum engine power greater than 19 KW
(25 HP) that use fuels other than gasoline and that are not rich burn
engines greater than 19 KW (25 HP) that use LPG, must demonstrate
compliance by either using an engine certified to the emission
standards specified in Table 3 of this preamble or by conducting an
initial performance test to demonstrate compliance with the emission
standards specified in Table 3 of this preamble. If the owner or
operator purchases a certified engine, performance testing would not be
required (unless the engine is operated differently than specified by
the manufacturer). Owners and operators of uncertified engines that are
greater than 500 HP must conduct subsequent performance tests every 3
years, or 8,760 hours of operation, whichever comes first.
2. NESHAP
Consistent with the requirements for owners and operators subject
to the SI NSPS, owners and operators of stationary engines subject to
the requirements of the NESHAP must also operate and maintain their
stationary engine and exhaust aftertreatment device (if any) according
to the manufacturer's written instructions. This requirement applies to
stationary SI and CI engines regulated under this proposed rule.
Owners and operators subject to the NESHAP who use stationary SI
engines must demonstrate compliance by meeting the NMHC emission
standards specified in 40 CFR part 60, subpart JJJJ (unless they are
new or reconstructed non-emergency 4SLB SI stationary RICE between 250
and 500 HP located at major sources). Under 40 CFR part 60, subpart
JJJJ, as described in the previous section, certain stationary SI
engines must be certified to the emission standards in 40 CFR part 90
or 1048, as applicable.
Owners and operators of uncertified SI engines subject to the
emission standards proposed in the NESHAP must conduct an initial
performance test to demonstrate compliance with the emission standards.
Owners and operators of certified engines are not required to conduct
any performance testing (unless the engine is operated differently than
procedures specified by the manufacturer or procedures developed by the
owner or operator that are approved by the engine manufacturer). Owners
and operators of uncertified engines that are greater than 500 HP,
subject to the emission standards proposed in this action must conduct
subsequent performance tests every 3 years, or 8,760 hours of
operation, whichever comes first. Owners and operators of uncertified
engines subject to emission standards that are less than or equal to
500 HP are not required to perform subsequent performance tests after
the initial performance test, unless the stationary engine is rebuilt
or undergoes major repair or maintenance.
Owners and operators of new and reconstructed non-emergency 4SLB
engines between 250 and 500 HP that are located at major sources of HAP
emissions must demonstrate compliance
[[Page 33813]]
by conducting an initial performance test. These engines must also
conduct subsequent performance test semiannually if they are complying
with the requirement to reduce CO emissions and not using a continuous
emissions monitoring system, and if they are complying with the
requirement to limit the concentration of formaldehyde in the
stationary engine exhaust.
Owners and operators subject to the NESHAP who use stationary CI
engines must demonstrate compliance by using an engine certified to the
NMHC and PM emission standards specified in 40 CFR part 60, subpart
IIII, and by operating their engine properly, as stated above. The only
exception is for owners and operators of stationary CI engines with a
displacement of greater than or equal to 30 liters per cylinder who
must demonstrate compliance through performance testing.
F. What are the reporting and recordkeeping requirements?
The following sections describe the reporting and recordkeeping
requirements that are required under the SI NSPS and the NESHAP.
1. SI NSPS
Owners and operators of all engines (certified and uncertified) are
required to maintain records of proper maintenance. An initial
notification is required for owners and operators of engines greater
than 500 HP that are not certified. Also, owners and operators who
conduct performance testing are required to report the test results
within 30 days of each performance test.
Owners and operators of emergency engines are required to keep
records of their hours of operation. Owners and operators must install
a non-resettable hour meter on their engines to record the necessary
information. Emergency stationary engines may be operated for the
purpose of maintenance checks and readiness testing, provided that the
tests are recommended by the Federal, State or local government, the
manufacturer, the vendor, or the insurance company associated with the
engine. Maintenance checks and readiness testing of such units is
limited to 100 hours per year. Owners and operators can petition the
Administrator for additional hours, beyond the allowed 100 hours per
year, if such additional hours should prove to be necessary for
maintenance and testing reasons. A petition is not required if the
hours beyond 100 hours per year for maintenance and testing purposes
are mandated by regulation such as State or local requirements. There
is no time limit on the use of emergency stationary engines in
emergency situations, however, the owner or operator is required to
record the length of operation and the reason the engine was in
operation during that time. Records must be maintained documenting why
the engine was operating to ensure the 100 hours per year limit for
maintenance and testing operation is not exceeded.
2. NESHAP
Consistent with the SI NSPS (and the already proposed CI NSPS),
owners and operators of stationary emergency engines (SI and CI) are
required to keep records of their hours of operation under the NESHAP.
Owners and operators must install a non-resettable hour meter on their
engines to record the necessary information. Emergency stationary
engines may be operated for the purpose of maintenance checks and
readiness testing, provided that the tests are recommended by Federal,
State or local government, the manufacturer, the vendor, or the
insurance company associated with the engine. Maintenance checks and
readiness testing of such units is limited to 100 hours per year.
Owners and operators can petition the Administrator for additional
hours, beyond the allowed 100 hours per year, if such additional hours
should prove to be necessary for maintenance and testing reasons. A
petition is not required if the hours beyond 100 hours per year for
maintenance and testing purposes are mandated by regulation such as
State or local requirements. There is no time limit on the use of
emergency stationary engines in emergency situations. Owners and
operators must also maintain records documenting the reason the engine
was in operation.
The above proposed requirement to limit the operation of
maintenance and testing operation to 100 hours per year is different
than the requirement that was finalized for stationary engines greater
than 500 HP located at major sources. Currently, stationary emergency
engines greater than 500 HP located at major sources are required to
limit non-emergency operation to 50 hours per year. Multiple comments
received during the public comment period for NSPS for stationary CI
engines argued that EPA should allow 100 hours per year for emergency
engines to conduct necessary maintenance and testing. Based on those
comments, EPA believes it would be appropriate to propose to allow 100
hours per year for maintenance and testing operation for emergency
engines. As discussed, EPA is proposing 100 hours per year for
maintenance and testing operation under the SI NSPS and the NESHAP
being proposed in this action for stationary engines with a site rating
of 500 HP or less located at major sources and stationary engines
located at area sources. EPA believes it is appropriate to propose to
amend the requirements of stationary engines greater than 500 HP
located at major sources to allow emergency engines to operate 100
hours per year for maintenance and testing purposes. It is crucial to
allow sufficient hours for maintenance and readiness testing to ensure
that the emergency engine will respond as expected in the event of an
emergency and EPA believes that 100 hours per year is adequate. EPA
also believes it is appropriate to amend the emergency engine hour
limitation in the NESHAP for stationary RICE greater than 500 HP
located at major sources to ensure consistency between regulations
affecting the same or similar sources. Further, as discussed, based on
information received since the promulgation of the NESHAP for
stationary RICE greater than 500 HP located at major sources, the 50
hours per year allowance currently in that regulation would not be
sufficient to address necessary maintenance, testing, and readiness
operation for emergency engines, and EPA is, therefore, proposing to
increase the limitation to 100 hours per year.
Owners and operators of new and reconstructed stationary RICE which
fire landfill or digester gas equivalent to 10 percent or more of the
gross heat input on an annual affected by subpart ZZZZ of 40 CFR part
63, must monitor and record the fuel usage daily with separate fuel
meters to measure the volumetric flow rate of each fuel.
IV. Rationale for Proposed Rule
A. Which control technologies apply to stationary engines?
EPA reviewed various control technologies applicable to stationary
engines. For detailed information on the control technology review that
EPA conducted, refer to information in the docket for this proposed
rule. The following sections provide general descriptions of currently
available controls that can be used to reduce emissions from stationary
engines.
Non-selective catalytic reduction (NSCR) has been commercially
available for many years and has been widely used on stationary
engines. The technology can be applied to rich burn stationary engines
and is capable of reducing NOX emissions by 90 percent or
more. The technology also reduces CO by about 90 percent. Emissions of
NMHC and HAP are also reduced by
[[Page 33814]]
using the catalyst and significant reductions have been recorded. Based
on our information, NSCR appears to be technically feasible for rich
burn engines down to 19 KW (25 HP).
Selective catalytic reduction (SCR) is applicable to lean burn
stationary engines, but has not been widely used on stationary SI
engines. This technology is capable of achieving NOX
reductions of at least 90 percent. An oxidation catalyst is often used
in conjunction with SCR to reduce emissions of CO, NMHC, and HAP. The
technology has not been commonly applied to stationary engines and if
applied, the applications have typically been on larger lean burn
engines. Costs of SCR are generally high, including significant
equipment, installation, and operating costs.
Oxidation catalyst is another type of aftertreatment that can be
applied to stationary engines and is typically used with lean burn
engines. The technology can be applied to either diesel or gas fired
lean burn engines. Emissions of CO can be reduced by 90 percent or more
and significant NMHC and HAP reductions are also possible. Applying the
technology to diesel fired engines can reduce PM by about 25 to 30
percent. Oxidation catalyst control has been widely used and has been
available for decades for use with lean burn stationary engines.
Catalyzed diesel particulate filters (CDPF) are applicable to CI
engines using diesel fuel and are primarily used to reduce PM
emissions. The technology is a newer technology than other
aftertreatment control devices, but is becoming increasingly
widespread. Applying CDPF can reduce PM emissions by 90 percent or
more, and reductions in CO and HAP can be significant. The technology
appears to be applicable to a wide range of diesel engines, except
there may be issues with respect to applying the technology to smaller
engines (less than 19 KW (25 HP)), and potentially also to extremely
large engines (several thousand HP). Catalyzed diesel particulate
filters are the basis for the Tier 4 emission standards for PM for most
nonroad CI engines regulated by 40 CFR part 1039 and also for most new
non-emergency stationary CI engines regulated under 40 CFR part 60,
subpart IIII. Recently finalized standards for stationary CI engines in
California are also based on the use of particulate filters in some
cases.
Stationary SI engines burning natural gas typically have low levels
of PM in the order of 0.01 g/HP-hr, according to engine manufacturers.
This level is comparable to Tier 4 levels that nonroad and stationary
CI engines will achieve with CDPF. For these reasons, EPA is not
proposing PM emission standards for stationary SI engines. Emissions of
sulfur oxides (SOX) are usually low from natural gas fired
engines since, in most cases, the fuel is inherently very low in
sulfur. There are no controls currently available to control
SOX in the exhaust from stationary engines; the only way to
limit SOX is to minimize sulfur in the fuel.
Although aftertreatment devices can help achieve very significant
reductions in exhaust emissions from stationary engines, there are
other strategies available which can help reduce emissions. For
example, lean burn technology alone produces much lower levels of
NOX than rich burn engines. In a lean burn engine, excess
air is introduced into the engine with the fuel, reducing the
temperature of the combustion process, which in turn reduces the
NOX significantly compared to a rich burn engine. Also,
because excess O2 is available, combustion is more
efficient, so more power is produced with the same amount of fuel.
Another example of an emission reduction strategy that prevents the
formation of NOX is exhaust gas recirculation. Exhaust gas
recirculation has been widely used in automotive engines for many years
to reduce NOX emissions and could potentially be used in
stationary engine applications. Also, in SI engines, modifications of
the combustion chamber and fuel metering system can help improve mixing
of the fuel and air, thus improving NMHC emissions. Spark-timing
calibrations can also help reduce CO and NMHC emissions.
B. How did EPA determine the basis and level of the proposed standards?
1. SI NSPS
Section 111 of the CAA states that a standard of performance
``means a standard * * * which reflects the degree of emission
limitation achievable through application of the best system of
emission reduction which (taking into account the cost of achieving
such reduction and any non-air quality health and environmental impact
and energy requirements) the Administrator determines has been
adequately demonstrated.''
The following discussion provides additional information by
identifying specific technologies (referred to hereafter as ``BDT'')
that EPA anticipates to be used to meet the NSPS. It must be noted,
however, that EPA's proposal is that the best system of emissions
reductions that has been adequately demonstrated is a set of emissions
standards, including an averaging, banking and trading program, where
applicable, that allows for the use of other potential technologies
that meet or exceed the standards.
a. Stationary SI Engines <=19 KW (25 HP). For stationary SI engines
less than or equal to 19 KW (25 HP), the technologies that are the
basis of the proposed standards are expected to be the same as the
technologies that are the basis for the nonroad SI engine Phase 2
standards in this size range. The Phase 2 nonroad engine program will
lead to increased use of automotive-style overhead valve technology for
nonhandheld engines and is expected to be the technology that is relied
upon to meet Phase 2 emission standards. Stationary engines less than
or equal to 19 KW (25 HP) are required to be certified to the emission
standards for new nonroad SI engines as specified in 40 CFR part 90.
These standards are separated by the class of the engine (Class I
through Class V) and each class is determined by the use of the engine,
i.e., handheld or nonhandheld, and engine displacement. Phase 1
standards took effect for most new handheld and nonhandheld engines
beginning in model year 1997. Phase 2 standards for nonhandheld engines
are being phased in between 2001 and 2007. Phase 2 standards for
handheld engines have been phased in starting in 2002. EPA believes it
is appropriate to require new stationary SI engines less than or equal
to 19 KW (25 HP) to meet the Phase 2 emission standards for nonhandheld
nonroad SI engines, as nonhandheld engines would be more similar to
stationary engines than handheld engines, and because by definition, a
stationary engine cannot be a handheld engine. EPA believes that it is
appropriate that the emission standards for new stationary SI engines
less than or equal to 19 KW (25 HP) are the same as those for nonroad
SI engines in this size range. To determine the BDT for these size
engines, EPA analyzed the emission control strategies selected for the
nonroad SI engine rule for engines less than or equal to 19 KW (25 HP).
EPA concluded that the level and implementation timing of the nonroad
SI engine standards are the most appropriate that can be justified for
this size group of engines. EPA believes a manufacturer-based
certification program is also appropriate for this group of engines and
that there is little difference, if any, between nonroad and stationary
SI engines in this size range. Engine manufacturers are already
familiar with and have experience in
[[Page 33815]]
certifying their engine families according to EPA's certification
program. For the reasons provided, BDT for stationary SI engines less
than or equal to 19 KW (25 HP) is determined to be the control
technologies used to comply with Phase 2 emission standards for
nonhandheld nonroad SI engines under 40 CFR part 90. EPA is also
proposing to allow manufacturers to certify any engine with a maximum
engine power between 19 and 30 KW (25 and 40 HP) with total
displacement of 1,000 cc or less to the nonhandheld nonroad SI engine
standards under 40 CFR part 90. This option is already available for
nonroad engines with these maximum power and displacement
characteristics.
EPA expects to propose new standards in the near future applicable
to nonroad SI engines less than or equal to 19 KW (25 HP) that will be
more stringent than Phase 2 standards, giving appropriate lead time for
the requirements. EPA will consider incorporating these more stringent
standards into its stationary SI NSPS regulations as they apply to
stationary SI engines in this HP range at the same time it revises its
nonroad standards for SI engines.
EPA requests public comment on the issue of evaluating the
appropriateness of future small non-road engine emission standards as
they may apply to stationary SI engines less than or equal to 19 KW (25
HP).
b. Stationary SI Gasoline Engines >19 KW (25 HP) and Rich Burn LPG
Engines >19 KW (25 HP). For stationary SI engines greater than 19 KW
(25 HP) that use gasoline and rich burn engines greater than 19 KW (25
HP) that use LPG, the technology that is the basis of the proposed
standards are the technologies used by nonroad SI engines greater than
19 KW (25 HP) to comply with the emission standards in 40 CFR part
1048. The majority of nonroad SI engines greater than 19 KW (25 HP) use
LPG, but some operate on gasoline or natural gas. There are two tiers
for nonroad SI engines in this size category. Tier 1 standards were
scheduled to begin in 2004; Tier 2 standards will begin in 2007. The
upcoming Tier 2 standards are based on three-way catalyst systems with
electronic, closed-loop fuel systems. For stationary SI engines greater
than 19 KW (25 HP) that use gasoline or are rich burn engines greater
than 19 KW (25 HP) that use LPG, EPA believes these engines are very
similar to nonroad SI equipment, and the same engines designed for use
in nonroad applications are used in stationary applications. Therefore,
for stationary SI engines greater than 19 KW (25 HP) that use gasoline
and rich burn engines greater than 19 KW (25 HP) that use LPG, the BDT
is the technology that is the basis for the Tier 2 emission standards
for nonroad engines above 19 KW (25 HP) regulated under 40 CFR part
1048.
c. Stationary Non-Emergency SI Natural Gas Engines 25X, but is also effective
in reducing CO and NMHC emissions from stationary rich burn engines. No
other technology was identified as applicable to rich burn engines that
would achieve equivalent or higher emission reductions than NSCR. The
technology can be purchased, installed, and operated for a reasonable
cost on new engines and requires no extensive operator training or
expertise. The technology is available from many catalyst vendors and
is simple to acquire. For the reasons provided, BDT for rich burn
engines between 25 and 500 HP that use fuels other than gasoline and
LPG is NSCR.
As discussed, EPA is proposing a stage 1 NOX emission
limit of 2.0 g/HP-hr for stationary non-emergency SI engines between 25
and 500 HP that burn natural gas or that are lean burn engine using
LPG. This limit would apply to engines manufactured after January 1,
2008. EPA believes that January 1, 2008, will provide sufficient time
for engine manufacturers and owners and operators to make the necessary
adjustments and preparations in order to develop and certify engines
that are able to achieve the proposed standards. These engines would
also have to meet a CO emission limit of 4.0 g/HP-hr and a NMHC
emission limit of 1.0 g/HP-hr. EPA received information on the
emissions from new stationary SI engines from various engine
manufacturers. The average NOX engine-out levels for rich
burn engines without aftertreatment were in the order of 12 to 15 g/HP-
hr. It is estimated that applying NSCR to new uncontrolled rich burn
engines would be able to achieve controlled NOX levels
between 1.2 and 1.5 g/HP-hr, perhaps lower if the catalyst is designed
for higher NOX reduction. Based on these estimates, EPA
feels it is reasonable to require a stage 1 NOX emission
limit of 2.0 g/HP-hr, which is based on engines using aftertreatment
control. A stage 1 limit of 2.0 g/HP-hr takes into account uncertainty
associated with meeting the standard. The engine may be capable of
emitting an average of 1.5 g/HP-hr, but NOX emissions may
fluctuate above and below that level. A standard of 2.0 g/HP-hr
provides the necessary flexibility to account for such fluctuations,
which may occur from the engine control or aftertreatment systems,
operational conditions, and/or variations in fuel quality.
For stage 2, EPA is proposing a more stringent NOX
emission limit of 1.0 g/HP-hr for stationary SI engines manufactured
after January 1, 2011. Again, EPA is incorporating adequate lead time
to account for steps engine manufacturers and owners and operators must
take between stages 1 and 2 to achieve the standards throughout the new
engine category. EPA has analyzed emissions information from several
stationary rich burn engines and has concluded that the
[[Page 33816]]
1.0 g/HP-hr limit for NOX is appropriate for the second
stage of emissions requirements. As the uncontrolled NOX
levels indicate, levels lower than 1.5 g/HP-hr are possible with an
NSCR reducing NOX by 90 percent. In addition, a catalyst can
be designed to optimize NOX reduction and with an increased
reduction efficiency, the proposed stage 2 NOX emission
limit can be achieved. The stage 2 limit beginning with engines
manufactured after January 1, 2011, also gives manufacturers time to
improve the design of their engines, which would make the stage 2
NOX emission limits more easily attainable.
For CO, a similar approach was followed. The average engine-out CO
levels for rich burn engines without aftertreatment controls vary
between 7 and 13 g/HP-hr. A stage 1 CO limit would be easily achievable
through application of NSCR. Similarly, using NSCR, the stage 2 limit
for CO is expected to be achievable by all rich burn engines. The stage
2 standards recognize the inverse relationship between NOX
and CO emissions. In order to optimize NOX emission
reductions, CO emission reductions may not be as large. EPA believes
the stage 2 CO limit is achievable by new rich burn engines by using
NSCR and expects significant reductions from uncontrolled levels.
Finally, for NMHC, EPA is proposing a limit of 1.0 g/HP-hr for
stage 1 and a limit of 0.7 g/HP-hr for stage 2. As with the
relationship between NOX and CO, the relationship between
NOX and NMHC, in terms of their formation during combustion,
is inverse in nature. Uncontrolled NMHC emissions from new rich burn
engines are between 0.6 and 1.0 g/HP-hr. Therefore, EPA believes that
the proposed limit for NMHC is achievable.
For SI lean burn engines, EPA considered SCR. The technology is
effective in reducing NOX emissions, as well as other
pollutant emissions, if an oxidation catalyst element is included.
However, the technology has not been widely applied to stationary SI
engines and has mostly been used with diesel engines and larger
applications thousands of HP in size. The technology requires a
significant understanding of its operation and maintenance requirements
and is not a simple process to manage. Installation can be complex and
requires experienced operators. Costs of SCR are high, and have been
rejected frequently by States for this reason. EPA does not believe
that SCR is a reasonable option for stationary SI lean burn engines.
Stationary lean burn engines are, by design, low NOX
emitting units and have sometimes been favored over rich burn engines
in areas with stringent air pollution control requirements due to their
lower NOX level. There are no other currently available add-
on control technologies on the market to further reduce NOX
emissions from stationary SI lean burn engines, but low NOX
emission strategies and design are currently being used to minimize
NOX levels. Based on information received from engine
manufacturers who produce such engines, average NOX levels
from 4SLB engines are between 1.0 and 2.0 g/HP-hr, which are comparable
to engine-out NOX levels from a rich burn engine with a
catalyst. Carbon monoxide levels are also low from these engines and
can be as low as 2.0 g/HP-hr. Stationary SI uncontrolled lean burn
engines are much cleaner than uncontrolled rich burn engines. Levels of
CO in lean burn engines are much lower than rich burn engines. Although
oxidation catalysts can be installed in lean burn engines, EPA believes
that no further controls are needed, given the already-low engine-out
CO and NMHC emissions from them. The CO levels emitted from new lean
burn SI engines are comparable to controlled levels from rich burn
engines. For these reasons, the BDT for stationary SI lean burn engines
is the low emitting level achieved by design and on-engine controls,
and other combustion optimization techniques employed in new stationary
SI lean burn engines. The BDT is the level achieved by new lean burn
engines.
There are a few new stationary natural gas fired 2SLB sold per year
in the U.S., but the total number manufactured and sold in the U.S. is
insignificant compared to the number of other engine designs sold. In
addition, there are only a few manufacturers who produce such engines.
Available information shows that 2SLB engines that are pre-chamber
combustion designs have similar emissions to natural gas fired 4SLB
engines, and one manufacturer indicated that nearly all of the engines
it sells for the U.S. are pre-chamber combustion engines.
d. Stationary Non-Emergency Natural Gas Engines >=500 HP and Lean
Burn LPG Engines >=500 HP. For natural gas fired rich burn engines
greater than or equal to 500 HP, the technology that is the basis for
the proposed standards is NSCR. The technology was discussed in
previous sections of this preamble and for the reasons discussed in
that section, NSCR represents BDT for natural gas fired rich burn
engines 500 HP and above.
The technology that is the basis for the proposed standards for
lean burn natural gas and LPG engines greater than or equal to 500 HP
is the level achieved by design and on-engine controls, and other
combustion optimization techniques employed in new stationary SI lean
burn engines. As discussed previously, EPA considered the use of SCR,
but rejected the technology as BDT based on several factors. Emission
levels from SI lean burn engines are comparable to controlled levels
from rich burn engines and engine-out emissions from SI lean burn
engines are at already low levels. New stationary natural gas engines
greater than or equal to 500 HP and lean burn LPG engines greater than
or equal to 500 HP must comply with two stages of limits. The first
stage, effective for engines manufactured after July 1, 2007, requires
these engines to comply with a NOX limit of 2.0 g/HP-hr, a
CO limit of 4.0 g/HP-hr, and a NMHC limit of 1.0 g/HP-hr. A second
stage of limits, effective for engines manufactured after July 1, 2010,
requires these engines to comply with a NOX limit of 1.0 g/
HP-hr, a CO limit of 2.0 g/HP-hr, and a NMHC limit of 0.7 g/HP-hr. EPA
is proposing that stage 1 limits apply to engines manufactured after
July 1, 2007, to provide enough lead time to make the necessary
preparations and adjustment in order to meet the proposed limits. An
extra 3 years is being proposed to reach compliance with stage 2 limits
to account for further redesign, manufacturing and implementation
issues that manufacturers and owner and operators must handle in order
to meet these limits. EPA believes it is appropriate to distinguish
between less than 500 HP engines and greater than or equal to 500 HP
engines with respect to effective dates of stage 1 and stage 2 limits.
In order to spread out resources and costs, EPA believes it is
appropriate to provide additional time for engines less than 500 HP to
meet the standards.
e. Stationary SI Landfill/Digester Gas Engines. For stationary
landfill and digester gas fired engines, EPA evaluated currently
available control technologies. Chemicals in landfill and digester gas
fuels called siloxanes poison the catalyst in add-on control
technologies such as SCR, NSCR, and oxidation catalysts, rendering them
ineffective in very short periods of time. (See discussion below.)
Emission standards requiring aftertreatment controls from such engines
have typically not been required due to poisoning of the catalyst
leading to poor reduction efficiencies and eventually destroying the
add-on control device.
[[Page 33817]]
For this reason, EPA did not consider add-on control for landfill and
digester gas applications.
The technology that is the basis for the proposed standards for
landfill and digester gas engines is the level achieved by new lean
burn engines. EPA has been told that lean burn engines are the
preferred choice for landfill and digester gas applications because
these engines have the lowest NOX emissions without add-on
control. Information EPA gathered during the proposal also shows that
the majority of landfill applications use lean burn engines. There may
be some rich burn engines being used in wastewater applications, and
EPA is requesting comment on how common rich burn engine designs are in
landfill and digester gas applications.
Test results EPA has obtained from various sanitation districts and
regulatory control agencies indicate that landfill and digester gas
engines are capable of meeting similar emission levels to those engines
that are using natural gas fuels. However, there is a lot of
variability in landfill and digester gas, and the methane content can
change considerably from day to day. For these reasons, EPA is
proposing emission standards that are similar to, but somewhat less
stringent than, the standards for engines combusting natural gas. Lean
burn engines are lower NOX emitting units. EPA wishes to
promote cleaner technology through proposing emission standards based
on low NOX design.
For stationary landfill and digester gas fired engines, EPA is
proposing separate effective dates based on the size of the engine. In
order to prepare the market for regulations applicable to these
engines, EPA is proposing stage 1 limits for landfill and digester gas
engines less than 500 HP that are manufactured after January 1, 2008.
Stage 2 limits are required for landfill and digester gas engines less
than 500 HP manufactured after January 1, 2011. Again, EPA believes it
must provide adequate time between stages 1 and 2 in order for the
market to make the necessary adjustments to meet stage 2 standards. EPA
is proposing that landfill and digester gas engines greater than or
equal to 500 HP meet stage 1 limits if they are manufactured after July
1, 2007, and stage 2 limits after July 1, 2010.
All landfill and digester gas engines are required to meet a
NOX limit of 3.0 g/HP-hr for stage 1 and a NOX
limit of 2.0 g/HP-hr for stage 2. The stage 2 CO and NMHC limits for
these engines are not more stringent than stage 1, but remain the same
for both stages at 5.0 and 1.0 g/HP-hr for CO and NMHC, respectively.
EPA believes that trying to control the CO in these engines beyond 5.0
g/HP-hr may cause instability and could affect the ability of the
engine to reduce NOX levels; therefore, the same CO limit is
being proposed for both stages. Emissions of NMHC are similar to
natural gas fueled engines, but in order to provide landfill and
digester gas engines with some flexibility to account for variability
in the fuel, which can be beyond the control of the operator, EPA is
proposing a NMHC limit that remains the same between stage 1 and stage
2 and is not proposing a more stringent limit for NMHC for the second
stage.
f. Stationary Emergency SI Engines. As with landfill and digester
gas fired applications, add-on controls have typically not been
required on stationary emergency engines. Stationary engines used for
emergency purposes are operated infrequently, and aftertreatment has
often been avoided because of factors such as high costs per ton of
pollutant removed due to short periods of operation. EPA's recently
proposed regulations for stationary CI engines that required only in-
engine controls for emergency engines, and did not require stringent
standards based on add-on controls for stationary CI engines used for
emergency purposes. Similarly, the RICE NESHAP promulgated in 2004 (69
FR 33474) did not require emergency engines to meet emission control
requirements.
Engine manufacturers expressed during the proposal process that
emergency SI engines should be exempt from emission standards, citing
similar reasons to those provided above. However, we do not agree that
emergency engines should be exempt from the standards.
Therefore, we have established that the technology that is the
basis for the standards for stationary emergency engines is the level
achieved by new lean burn engines. Lean burn engines are available in
the power ranges that include emergency engines. EPA expects that the
emission standards for emergency engines will be met with lean burn
engines. Lean burn engines are available and represent the cleanest
technology available without the use of exhaust aftertreatment.
EPA is providing stationary emergency engines significant lead-time
to prepare to meet the proposed standards for emergency engines. This
is particularly appropriate because emergency engines have generally
not previously been subject to emission standards and therefore have
not necessarily been optimized for emissions performance.
EPA is proposing a single stage of emission standards for emergency
engines beginning in January 1, 2009. Stationary SI emergency engines
manufactured after this date must meet a NOX limit of 2.0 g/
HP-hr, a CO limit of 4.0 g/HP-hr, and a NMHC limit of 1.0 g/HP-hr. As
previously discussed in this preamble, stationary SI lean burn engines
emit low levels of NOX, in the range of 1.0 to 2.0 g/HP-hr,
which means the limit being proposed for NOX is achievable.
Similar conclusions can be made regarding CO and NMHC as well.
g. Modified and Reconstructed Stationary SI Engines. EPA is
proposing that owners and operators of stationary SI natural gas and
lean burn LPG engines that are modified or reconstructed and become
subject to this proposed rule limit their exhaust emissions of
NOX to 3.0 g/HP-hr, emissions of CO to 4.0 g/HP-hr, and
emissions of NMHC to 1.0 g/HP-hr. These emission standards are
consistent with the proposed Stage 1 emission standards for new natural
gas and lean burn LPG engines, except that a less stringent
NOX emission standard is being proposed for these engines.
There are technical difficulties in reaching a NOX level
of 2.0 g/HP-hr for modified and reconstructed engines that were not
originally built to meet a 2.0 g/HP-hr standard, and such a level, even
where technically feasible, would in many cases require extensive work.
In addition, lowering emissions of NOX down to 2.0 g/HP-hr,
even where possible, would often be very costly. EPA discussed this
issue in one of the final rules associated with the NOX
State Implementation Plan call (69 FR 21604, 21617-21621). Therefore,
EPA believes it is more appropriate to propose to require that modified
and reconstructed engines manufactured prior to the dates when the 2.0
g/HP-hr standard takes effect must meet a NOX emission
standard of 3.0 g/HP-hr. This level can be achieved with retrofit
technology without extensive hardware replacements and can be achieved
without unreasonable costs.
2. NESHAP
Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from new and existing sources in regulated source
categories. The CAA requires the NESHAP for major sources to reflect
the maximum degree of reduction in emissions of HAP that is achievable.
This level of control is commonly referred to as the MACT.
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the
[[Page 33818]]
CAA. In essence, the MACT floor ensures that the standards are set at a
level that assures that all major sources achieve the level of control
at least as stringent as that already achieved by the better controlled
and lower emitting sources in each source category or subcategory.
For new sources, the MACT floor cannot be less stringent than the
emission control that is achieved in practice by the best controlled
similar source. The MACT standards for existing sources can be less
stringent than standards for new sources, but they cannot be less
stringent than the average emission limitation achieved by the best
performing 12 percent of existing sources in the category or
subcategory (or the best performing 5 sources for categories or
subcategories with fewer than 30 sources).
In developing MACT, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on the consideration of cost of achieving the
emissions reductions, any non-air quality health and environmental
impacts, and energy requirements.
Section 112 of the CAA allows EPA to establish subcategories among
a group of sources, based on criteria that differentiate such sources.
The subcategories that have been developed for stationary RICE were
previously listed and are necessary in order to capture the distinct
differences, which could affect the emissions of HAP from these
engines. The complete rationale explaining the development of these
subcategories is provided in the memorandum titled Subcategorization of
Stationary Reciprocating Internal Combustion Engines 500 HP available
from the docket.
a. Engines <=500 HP at Major Sources. For the MACT floor
determination, EPA s Office of Air Quality Planning and Standards RICE
Population Database (hereafter referred to as the ``Population
Database'') was consulted. The Population Database, which was developed
for the stationary RICE NESHAP for engines greater than 500 HP at major
sources, represents the best information available to EPA.
Information in the Population Database was obtained from several
sources and is further described in the notice of proposed rulemaking
for the RICE NESHAP (67 FR 77830). EPA queried the Population Database
to determine how many stationary RICE less than or equal to 500 HP have
catalyst type controls. According to the Population Database, neither
engines less than 50 HP, landfill/digester gas fired engines, CI
emergency engines, CI non-emergency engines, SI emergency engines, nor
non-emergency 2SLB engines are equipped with catalyst type controls.
The Population Database indicates that 32 (3.7 percent) out of 861 non-
emergency use 4SLB engines are equipped with catalyst type controls.
Out of a total of 3,533 non-emergency 4SRB engines 50 to 500 HP, 197
are using catalyst type controls (5.6 percent). The percentage for 4SRB
engines may or may not be representative of current conditions, and EPA
requests comments on this issue. For further information on EPA's
analysis on the Population Database, refer to the docket for this
proposed rule.
MACT Floor for Existing Sources
The MACT floor for existing stationary RICE must be no less
stringent than the average emission limitation achieved by the best
performing 12 percent of existing sources. According to information in
the Population Database, there are no existing engines less than 50 HP,
landfill/digester gas fired engines, CI emergency engines, CI non-
emergency engines, SI emergency engines, or non-emergency 2SLB engines
that use catalyst type controls. Therefore, the MACT floor for these
subcategories is no further emissions reductions.
For existing non-emergency 4SLB engines between 50 and 500 HP,
there are insufficient numbers of engines using add-on controls that
may reduce HAP to support basing the MACT floor on the use of add-on
controls. The percentage (3.7) is below the criteria for a MACT floor
that would require emissions reductions for existing stationary 4SLB
engines. Therefore, the MACT floor for existing non-emergency use
stationary 4SLB engines 50 to 500 HP is no further emissions
reductions.
The percentage for existing non-emergency 4SRB engines is also
below the criteria for a MACT floor that would require emissions
reductions for existing 4SRB engines. Therefore, the MACT floor for
existing non-emergency use stationary 4SRB engines 50 to 500 HP is no
further emissions reductions.
MACT for Existing Sources
As stated, for existing sources, the MACT floor for each of the
subcategories is no emission reduction, and the MACT standard must be
no less stringent than the MACT floor.
EPA considered one regulatory option more stringent than the MACT
floor for existing 2SLB and existing 4SLB engines, i.e., requiring a
specific HAP reduction through the use of an oxidation catalyst.
Oxidation catalysts provide significant reductions of HAP emissions, as
well as considerable reductions of CO. Catalyst cost information was
obtained from vendors of catalytic control equipment and annual costs
were derived from the data. Estimates of cost per ton of applying
oxidation catalyst to various size engines were developed. The cost of
oxidation catalysts was determined to outweigh the potential HAP
emission reduction benefits for these subcategories. Therefore, the
beyond-the-floor option was determined as inappropriate for these
subcategories. Non-air quality health, environmental impacts and energy
effects were also not significant factors. EPA is not aware of any
other options which could serve as the basis for MACT to reduce HAP
emissions from existing 2SLB and existing 4SLB engines. Therefore, MACT
is equal to the MACT floor for these engines. For specific details on
this analysis, refer to memorandum entitled ``Regulatory Alternatives
and MACT for Stationary Reciprocating Internal Combustion Engines <=500
HP at Major Sources,'' available from the docket for this proposed
rule.
EPA considered one regulatory option more stringent than the MACT
floor for existing 4SRB engines, i.e., requiring a specific HAP
reduction through the use of NSCR.
An NSCR, or three-way catalyst, is a catalytic post-combustion
control device that oxidizes HAP emissions, and also reduces criteria
pollutants such as NOX and CO. To operate effectively, NSCR
requires stoichiometric conditions to enhance both oxidation and
reduction reactions in the exhaust stream. Removal efficiencies for
NSCR were previously discussed in this preamble. Again, cost
information was obtained from catalyst vendors and annual NSCR costs
were estimated based on these data. The costs per ton of pollutant
removed by applying NSCR to various size 4SRB engines were calculated,
and are documented in information included in the docket. Based on the
costs per ton of HAP removed from existing 4SRB engines, it was
determined that requiring NSCR on existing engines would not be
appropriate and, therefore, the MACT for existing 4SRB engines is the
MACT floor, i.e., no emission reduction. No other technology was
identified as appropriate for reducing HAP from 4SRB engines.
Cost per ton estimates are presented in the memorandum entitled
``Cost per Ton of HAP Reduced for Stationary RICE,'' included in the
docket. EPA's analysis of regulatory alternatives
[[Page 33819]]
beyond-the-floor is presented in the memorandum entitled ``Regulatory
Alternatives and MACT for Stationary Reciprocating Internal Combustion
Engines 500 Horsepower at Major Sources.''
EPA considered one regulatory option more stringent than the MACT
floor for existing CI engines, which is the use of CDPF. A description
of the technology and potential emission reductions were previously
discussed in this preamble. Using available information, the cost for
applying CDPF to existing CI engines was estimated. Based on the
estimated cost per ton of HAP removed, EPA determined that requiring
the use of CDPF would be too high for existing CI engines. Therefore,
the MACT for existing CI engines is the MACT floor, i.e., no emission
reduction.
The MACT floor for existing digester and landfill gas stationary
engines is no emission reduction. The use of oxidation catalysts to
reduce HAP emissions from this subcategory of RICE was found to be
technically infeasible. This is due to the fact that digester gases and
landfill gases contain a family of silicon-based compounds called
siloxanes. Combustion of siloxanes can foul post-combustion catalysts,
rendering them inoperable within a short period of time. Because of
these technical issues associated with applying oxidation catalyst
control, there are no viable beyond-the-floor regulatory options for
these stationary RICE. Therefore, no emission reduction is MACT for
existing digester and landfill gas stationary RICE.
Emission control technologies which reduce HAP emissions from
stationary RICE have not been applied to stationary RICE which operate
exclusively as emergency units. Thus, the MACT floor is no emission
reduction. In considering the application of HAP emission control
technologies to stationary RICE which operate exclusively as emergency
units, there are a number of concerns regarding the technical
feasibility, primarily in the areas of the long term durability and
effectiveness of emission control. Whether such concerns are warranted
or not, however, emission control is not considered cost effective
because of the very small reductions in HAP emissions which might be
achieved through the use of such technologies. In addition, non-air
quality health, environmental impacts and energy effects were not
significant factors. As a result, MACT for existing stationary RICE
which operate exclusively as emergency engines is no emission
reduction.
MACT Floor for New Sources
The MACT floor for new stationary RICE must be no less stringent
than the emission control achieved in practice by the best controlled
similar source. Since the Population Database indicates that there are
no existing engines less than 50 HP, landfill/digester gas fired
engines, CI emergency engines, CI non-emergency engines, SI emergency
engines, or non-emergency 2SLB engines that are using catalyst type
controls, the MACT floor for these new stationary RICE is no further
emissions reductions.
As discussed, EPA established a subcategory for non-emergency 4SLB
engines between 50 and 500 HP. However, based on information received
by EPA, there are few, if any, stationary 4SLB engines less than 250
HP. Information regarding the smallest 4SLB engines produced is
available from the docket. The additional cost and complexity of
components associated with lean burn engine design is not cost
effective for smaller engines (less than 400 HP), according to
industry.
Stationary 4SLB engines greater than or equal to 250 HP tend to be
similar to larger engines, i.e., those that are greater than 500 HP,
and on a mass basis, engines greater than or equal to 250 HP emit more
than smaller engines. In addition, engines of such size have
traditionally been treated by States as larger engines, rather than
smaller engines, and stationary 4SLB SI engines below 250 HP have
generally been regulated as smaller engines. In some cases, engines
greater than 250 HP may be required to meet more stringent emission
standards than smaller engines. In addition, the type of add-controls
that can be applied to 4SLB engines greater than or equal to 250 HP are
the same as those that can be applied to larger engines, i.e., those
greater than 500 HP, and those engines are capable of achieving very
similar emission reductions as larger engines. Further, larger engines
are typically employed in different applications than smaller engines
are and may be more likely to be used in electric power generation and
gas transmission and processing. In addition, smaller engines may tend
to be used more by small businesses or for agricultural purposes and
may resemble nonroad engines more than those greater than or equal to
250 HP, which are more similar to traditional stationary engines. For
these reasons, EPA believes that non-emergency 4SLB engines greater
than or equal to 250 HP more closely resemble larger engines and should
be treated in a similar manner as the engines greater than 500 HP were
treated.
The Population Database indicates that there are non-emergency 4SLB
engines in the size range of 250 to 500 HP employing catalyst type
controls, and according to the Population Database, the smallest 4SLB
engine equipped with catalyst control is 270 HP. However, EPA received
additional information indicating that there is a 260 HP engine
operating with oxidation catalyst control and is, therefore, the
smallest existing 4SLB engine of which EPA is aware that is equipped
with add-on control.
EPA believes it is unreasonable to require new 4SLB engines smaller
than 250 HP to meet emission standards based on add-on control. The
cost per ton for new 4SLB engines between 250 and 500 HP located at
major sources is reasonable. Looking at the cost effectiveness for
engines smaller than 250 HP, the cost per ton of HAP removed rapidly
increases with decreasing size. EPA believes an appropriate cutoff for
requiring emission standards based on add-on controls is 250 HP. This
conclusion is consistent with other findings, including an analysis of
the Population Database of the smallest engine with catalyst control
and information from other sources. This conclusion is also consistent
with the MACT floor decision for new 4SLB engines greater than 500 HP
located at major sources. For these reasons, the MACT floor for new
4SLB engines between 250 and 500 HP located at major sources is the
level of control achieved by application of oxidation catalyst
controls. The MACT floor for new 4SLB engines between 50 and 250 HP is
no further HAP emission reduction.
We request comment on our proposed approach for MACT requirements
for new 4SLB engines (250-500 HP). EPA's Population Database indicates
that oxidation catalysts are used in some of these engines, and this
technology forms the basis of the proposed standards. It is likely that
these oxidation catalysts are used to meet State requirements developed
as part of EPA programs such as New Source Review (NSR) and Prevention
of Significant Deterioration (PSD), which focus on the control of
criteria pollutants, rather than HAP. However, oxidation catalysts
installed to control CO and NMHC can also reduce HAP emissions. We
request comment on EPA's determination that oxidation catalysts should
be the basis of the MACT floor for new 4SLB engines in the size range
of 250 to 500 HP.
The Population Database indicates that there are non-emergency 4SRB
[[Page 33820]]
engines 50 to 500 HP operating with catalyst type controls, and,
therefore, the MACT floor for new non-emergency 4SRB engines between 50
and 500 HP is the level achieved by the use of NSCR.
MACT for New Sources
For 2SLB, there are no engines in the Population Database that are
using catalyst type controls. Therefore, the MACT floor for new
stationary 2SLB is no further emissions reductions. In addition, the
cost effectiveness of adding an oxidation catalyst to a new 2SLB engine
was not determined to be economically feasible, and MACT for new 2SLB
engines is, therefore, no emission reduction. This determination is
different than MACT for engines greater than 500 HP located at major
sources because for those engines, the Population Database indicates
that there are existing 2SLB engines greater than 500 HP operating with
catalytic controls. As stated, no existing 2SLB engines less than or
equal to 500 HP are using catalytic controls, according to the
Population Database. However, we are proposing to require these engines
to meet NMHC emission standards that are based on the use of on-engine
controls in order to reduce levels of HAP.
For engines less than 50 HP, EPA evaluated beyond-the-floor options
for engines less than or equal to 19 KW (25 HP) and engines above 19 KW
(25 HP) separately. Stationary SI engines less than or equal to 19 KW
(25 HP) are required under the proposed SI NSPS to meet the
certification standards for new nonroad SI engines in 40 CFR part 90
for nonhandheld engines. The technologies that are the basis for those
standards rely on engine-based controls. Under the SI NSPS, those
controls were determined to be BDT for new stationary SI engines less
than or equal to 19 KW (25 HP). The beyond-the-floor analysis for
stationary SI engines less than or equal to 19 KW (25 HP) considered
the use of those technologies, and EPA believes it is appropriate to
set MACT for these engines at the level of control required by the SI
NSPS.
The emission standards for nonhandheld engines include limits for
HC + NOX (or NMHC + NOX standards for natural gas
fueled engines, at the option of the manufacturer) and CO. EPA has
determined that NMHC can be used as a surrogate for HAP and, therefore,
believes it is appropriate to require a standard based on NMHC as
opposed to a HAP standard. For more information on EPA's decision to
use NMHC as a surrogate for HAP, refer to the memorandum entitled
``Non-methane Hydrocarbons as a Surrogate for Hazardous Air Pollutants
for Stationary Internal Combustion Engines,'' available from the
docket.
For new stationary SI engines between 19 and 37 KW (25 and 50 HP),
EPA evaluated beyond-the-floor options based on the requirements for
new stationary SI engines under the SI NSPS. Under the SI NSPS, engines
greater than 19 KW (25 HP) that use gasoline or that are rich burn
engines greater than 19 KW (25 HP) that use LPG, are required to be
certified to the emission standards in 40 CFR part 1048. The
technologies that are the basis for those standards are three-way
catalyst systems (NSCR) with electronic, closed-loop fuel systems.
These technologies were determined to be BDT for new stationary SI
engines greater than 19 KW (25 HP) that use gasoline and rich burn
engines greater than 19 KW (25 HP) that use LPG under the SI NSPS.
These are the same engines that would be covered by the NESHAP, and,
therefore, EPA believes it is appropriate to go beyond-the-floor for
these engines and require that owners and operators of these engines
meet the standards proposed in the SI NSPS.
The nonroad standards for SI engines greater than 19 KW (25 HP)
include HC + NOX standards and standards for CO. The engine
has to meet the numerical emission standard based on NMHC emissions if
the engine is fueled by natural gas. As discussed, EPA has determined
that NMHC is an appropriate surrogate for HAP, and EPA believes it is
appropriate to require the nonroad SI engine standards in 40 CFR part
1048 for these engines. In addition, these engines are the same engines
that are covered by the SI NSPS and would be subject to certification
requirements of 40 CFR part 1048 even in the absence of the NESHAP.
Finally, EPA would like to ensure consistency and avoid conflicting
requirements between regulations affecting the same or similar source
categories. Therefore, EPA believes it is appropriate to set MACT for
these engines at the level of control required by the SI NSPS.
For stationary SI engines between 19 and 37 KW (25 and 50 HP) that
use natural gas or are lean burn LPG engines, EPA described that
requiring engine certification would be inappropriate for various
reasons. For the SI NSPS, EPA determined that it was more appropriate
to rely on a voluntary engine certification program combined with
requirements for owners and operators. EPA considers this approach as a
reasonable beyond-the-floor option for new stationary SI engines
between 19 and 37 KW (25 and 50 HP) located at major sources. Again,
the same engines would be covered under the SI NSPS, and would, under
that rule, be required to meet NOX, CO, and NMHC emission
standards. Therefore, EPA considers the NMHC emission standards from
the SI NSPS as the most appropriate beyond-the-floor option.
It was previously discussed that it is appropriate to use NMHC as a
surrogate for HAP. The SI NSPS propose different NMHC emission
standards and timing based on the type and size of the engine. The SI
NSPS propose a NMHC limit of 0.7 or 1.0 g/HP-hr, which EPA believes is
reasonable to require for engines under the NESHAP as well. For
stationary SI engines between 19 and 37 KW (25 and 50 HP) that use
natural gas or are lean burn engines using LPG, MACT is determined to
be the level required for these engines under the SI NSPS, i.e., an
emission standard of 0.7 or 1.0 g/HP-hr for NMHC. The NMHC limit of 1.0
g/HP-hr is required for natural gas fired engines less than 500 HP and
lean burn engines less than 500 HP using LPG that are manufactured
after January 1, 2008. The limit of 0.7 g/HP-hr for NMHC is required
for natural gas fired engines less than 500 HP and lean burn engines
less than 500 HP that use LPG that are manufactured after January 1,
2011. EPA believes that the implementation dates are the most stringent
that can be justified that provide engine manufacturers with sufficient
time to prepare their products for compliance.
According to the Population Database, there are existing 4SLB
stationary engines currently operating with oxidation catalyst systems.
No technology achieving greater emission reductions was found. We
previously discussed the decision to set the MACT floor for new 4SLB
engines between 250 and 500 HP located at major sources based on the
use of oxidation catalyst. For new 4SLB engines between 50 and 250 HP,
the MACT floor is no emission reduction. We also discussed in an
earlier section that we believe non-emergency 4SLB engines between 250
and 500 HP are more similar to large engines, i.e., those greater than
500 HP. The formaldehyde level required by the existing 40 CFR part 63,
subpart ZZZZ, for new 4SLB engines greater than 500 HP located at major
sources is based on using oxidation catalyst. A formaldehyde
concentration level of 14 ppmvd at 15 percent O2 was
promulgated for those engines. As an alternative, a 93 percent
reduction of CO was provided.
EPA believes these levels are reasonable for new 4SLB engines
[[Page 33821]]
between 250 and 500 HP located at major sources as well. EPA expects
the capabilities of the oxidation catalyst to be the same for engines
between 250 and 500 HP as they are for engines greater than 500 HP. For
these reasons, MACT is the level of control achieved by using oxidation
catalyst, i.e., either a 93 percent reduction of CO or a formaldehyde
outlet concentration limit of 14 ppmvd at 15 percent O2.
For new 4SLB engines between 50 and 250 HP located at major
sources, the proposed MACT standard is equal to the NMHC standard
required under the proposed SI NSPS.
The MACT standard for new 4SRB stationary RICE must be at least as
stringent as the MACT floor for existing 4SRB stationary RICE.
Regulatory options more stringent than the MACT floor include requiring
the use of NSCR; no other technology achieving greater emissions
reductions was found.
As discussed, EPA generally believes it is appropriate to base the
MACT standards for new stationary SI engines on the standards being
proposed in the stationary SI NSPS (except for new and reconstructed
4SLB engines between 250 and 500 HP located at major sources). This
conclusion affects new stationary rich burn engines. EPA discussed
selecting NSCR as BDT for most new stationary rich burn engines earlier
in this preamble. We discussed the appropriateness of following the SI
NSPS for new SI engines less than or equal to 19 KW (25 HP) and new SI
engines greater than 19 KW (25 HP) that use gasoline or that are rich
burn engines greater than 19 KW (25 HP) that use LPG. For the reasons
previously discussed, MACT for new 4SRB engines between 25 and 500 HP
located at major sources are the NMHC standards that are required in
the SI NSPS. EPA also discussed the appropriateness of requiring
exhaust-based emission standards of 1.0 and 0.7 g/HP-hr of NMHC and has
explained the reason for setting a NMHC standard and not a HAP
standard. For rich burn engines greater than 19 KW (25 HP) that do not
use LPG, it was determined that a mandatory certification program would
not be appropriate due to fuel quality and other issues.
Therefore, an emission standard is being proposed, and is
determined to be MACT for these engines. Owners and operators can
either purchase an engine that is certified to this standard, or
alternatively, conduct emissions testing to demonstrate compliance with
the NMHC emission limit, if their engine is not certified by a
manufacturer. The MACT for new 4SRB engines is the level of control
required by the SI NSPS, i.e., a NMHC standard of 1.0 or 0.7 g/HP-hr,
as applicable.
For CI non-emergency engines, there are no engines in the
Population Database that are using catalyst type controls. Therefore,
the MACT floor for new stationary non-emergency CI RICE is no further
emissions reductions.
Catalyzed diesel particulate filters have been proven effective in
reducing emissions of HAP and are the basis for the majority of Tier 4
emission standards for new nonroad and stationary diesel engines that
will go into effect at the beginning of the next decade. The technology
was also relied upon for the standards issued for stationary CI engines
in California. No other technology was found to be more effective in
reducing HAP from CI engines than CDPF, and, therefore, the MACT for
new stationary CI non-emergency engines is the level of control
achieved through application of CDPF, with an appropriate period of
lead time equal to that provided for nonroad CI engines.
New stationary CI engines less than or equal to 500 HP located at
major sources will be affected by the upcoming NSPS for stationary CI
engines (40 CFR part 60, subpart IIII). The CI NSPS rely in large part
on certification of engines by the engine manufacturers following well-
established procedures developed under the nonroad CI engine program.
The CI NSPS require minimal effort from engine owners and operators,
and places the burden and responsibility mainly on the engine
manufacturer during the useful life of the engine.
Cost effectiveness analysis conducted for the CI NSPS show that the
costs of applying CDPF to new stationary CI engines are reasonable.
Under the CI NSPS, most owners and operators will demonstrate
compliance with 40 CFR part 60, subpart IIII by purchasing a certified
engine. The only ongoing compliance requirement for owners and
operators is to operate and maintain the engine (and control device)
according to the manufacturer's written specifications. It is assumed
that the engine will remain in compliance with the emission standards
for the useful life of the engine, if the engine is operated and
maintained properly.
For new stationary CI engines less than or equal to 500 HP located
at major sources affected by 40 CFR part 63, subpart ZZZZ, proposed in
this action, EPA believes it would be appropriate to require owners and
operators to comply with the NMHC and PM requirements in 40 CFR part
60, subpart IIII. Although MACT for these sources is the level of
control achieved by CDPF, with appropriate lead time for application of
this technology for these engines, owners and operators will not be the
party installing CDPF on their engines; the engine manufacturers will
be responsible for this.
The requirements of the CI NSPS include emission standards that
will be phased in depending on the model year. Requirements include
emission standards for NOX, CO, PM, HC, and NMHC with
increasing stringency. The standards regulating emissions of NMHC and
PM are particularly relevant for regulating HAP emissions. The final
level of emission standards (Tier 4), rely, in most cases, at least for
larger size engines, on the implementation of NOX adsorber
and, importantly for this discussion, CDPF. With the addition of CDPF
controls in Tier 4 certified engines, emissions of HAP will be
significantly reduced and the goal of section 112(d)(5) of the CAA will
be realized by following the CI NSPS.
EPA believes it is appropriate to require that stationary CI
engines meet PM and NMHC standards that apply to stationary CI engines
under the CI NSPS because, while most HAP emissions from diesel engines
are gaseous hydrocarbons, there are HAP that become adsorbed on the
diesel particles; therefore, meeting the emission standards under the
CI NSPS for HC/NMHC and PM helps ensure maximum control of HAP. For the
reasons provided, EPA believes MACT for new stationary CI engines is
appropriate, and is the level of control required by the CI NSPS
achieved through application of CDPF.
There are no landfill or digester gas fired stationary RICE in the
Population Database using catalyst type controls, and therefore the
MACT floor for new stationary landfill and digester gas engines is no
further emissions reductions. The applicability of HAP emission control
technology, such as the use of an oxidation catalyst system for
example, was considered for this subcategory of stationary RICE for
beyond-the-floor controls. However, digester gases and landfill gases,
as discussed, may contain compounds that foul catalyst elements
reducing the catalyst efficiency very quickly. Pretreatment systems to
remove siloxanes from the gases prior to combustion were considered;
however, there are no pretreatment systems found to be in use and the
long-term effectiveness is unknown. Therefore, there is no add-on
emission control technology that could be applied to the subcategory of
stationary RICE to reduce HAP emissions. However, we are requiring
these engines to meet a standard equal to the use of on-engine
[[Page 33822]]
controls to reduce HAP emissions, i.e., through a NMHC emission
standard.
For new emergency engines, aftertreatment-based beyond-the-floor
options are not considered cost effective due to the very small
reductions in HAP emissions that might be achieved through the use of
catalyst-based technologies on new emergency stationary engines. In
addition, there are concerns regarding the technical feasibility, long
term durability, and effectiveness of emission control. Non-air quality
health, environmental impacts and energy effects were not significant
factors. Consequently, there is no HAP emission reduction that could be
identified as MACT for new emergency use SI stationary RICE. Therefore,
MACT is equal to the amount of engine-based control deemed BDT under
the NSPS for this subcategory of SI engines. New and reconstructed SI
emergency engines are required to meet the NMHC standard that is being
proposed under the SI NSPS, i.e., 1.0 g/HP-hr, starting with engines
manufactured after January 1, 2009.
Add-on controls have been determined to be inappropriate for
application to emergency engines; however, EPA believes that requiring
on-engine controls to new emergency CI engines would be appropriate.
The recently proposed NSPS for stationary CI engines set standards of
performance for emergency engines based on engine-based, as opposed to
aftertreatment-based, technologies. These standards equate to the Tier
2 and Tier 3 emission standards for nonroad CI engines and are based on
technologies such as combustion optimization and advanced fuel
injection controls. EPA believed that these technologies were
appropriate for emergency engines covered by the CI NSPS. EPA also
believes that it is appropriate to require new stationary CI emergency
engines less than or equal to 500 HP located at major sources to meet
similar standards as emergency engines are required to under the CI
NSPS. EPA does not see any reason why new emergency CI engines should
be treated differently under the NESHAP. For the reasons provided, MACT
for new stationary CI emergency engines less than or equal to 500 HP
located at major sources is the level of control achieved by on-engine
controls and will be required to meet the standards for emergency
engines under the CI NSPS.
b. Engines at Area Sources. Under section 112(k) of the CAA, EPA
developed a national strategy to address air toxic pollution from area
sources. The strategy is part of EPA's overall national effort to
reduce toxics, but focuses on the particular needs of urban areas.
Section 112(k) of the CAA requires EPA to list area source categories
and to ensure 90 percent of the emissions from area sources are subject
to standards pursuant to section 112(d) of the CAA. Under section
112(k), the CAA specifically mandated that EPA develop a strategy to
address public health risks posed by air toxics from area sources in
urban areas. Section 112(k) of the CAA also mandates that the strategy
achieve a 75 percent reduction in cancer incidence attributable to HAP
emitted by stationary sources. As mentioned, stationary RICE are listed
as a source category under the Urban Air Toxics Strategy developed
under the authority of sections 112(k) and 112(c)(3) of the CAA. These
area sources are subject to standards under section 112(d) of the CAA.
Section 112(d)(5) of the CAA indicates that EPA may elect to
promulgate standards or requirements to area sources ``which provide
for the use of generally available control technologies or management
practices by such sources to reduce emissions of hazardous air
pollutants.'' For determining emission limitations, GACT standards can
be more flexible requirements than MACT standards. For example, GACT
standards do not have a requirement to set a control baseline or
``floor'' that is equal to the average emission levels achieved by the
best performing 12 percent of a type of facility, for existing sources,
or the emission control achieved in practice by the best controlled
similar source, for new sources. Therefore, EPA is permitted to
consider costs and other factors during each phase of the GACT
analysis. Control technology options available to be applied to
stationary engines located at area sources are the same as those
discussed for engines located at major sources.
The standards being proposed in this action are applicable to
stationary RICE located at area sources of HAP emissions. EPA has
chosen to propose national standards, which not only focus on urban
areas, but address emissions from area sources in all areas (urban and
rural).
For stationary RICE, it would not be practical or appropriate to
limit the applicability to urban areas and EPA has determined that
national standards are appropriate. Stationary RICE are located in both
urban and rural areas. In fact, there are some rural areas with high
concentrations of stationary RICE. Stationary RICE are employed in
various industries used for both the private and public sector for a
wide range of applications such as generator sets, irrigation sets, air
and gas compressors, pumps, welders, and hydro power units. Stationary
RICE may be used by private entities for agricultural purposes and be
located in a rural area, or it may be used as a standby generator for
an office building located in an urban area. Other stationary RICE may
operate at large sources for electric power generation, transmission,
or distribution purposes.
EPA determined that stationary RICE are located all over the U.S.,
and EPA cannot say that these sources are more prevalent in certain
areas of the country. Therefore, for the source category of stationary
RICE, EPA is proposing national requirements without a distinction
between urban and non-urban areas.
For existing engines, GACT for engines located at area sources is
equal to MACT for engines less than or equal to 500 HP located at major
sources. For new sources, we are proposing the same requirements for
GACT for engines located at area sources as we are for MACT for engines
less than or equal to 500 HP located at major sources, except for new
and reconstructed non-emergency 4SLB engines between 250 and 500 HP
located at area sources. As discussed, new and reconstructed non-
emergency 4SLB engines between 250 and 500 HP located at major sources
are required to meet the standards that were finalized for new 4SLB
engines greater than 500 HP located at major sources (69 FR 33474). New
4SLB engines at area sources will be required to meet the NMHC emission
standards being proposed for SI engines under the NSPS.
C. How did EPA determine the compliance requirements?
The following sections describe how EPA determined the compliance
requirements for engines subject to the SI NSPS and NESHAP.
1. SI NSPS
Unlike the NSPS for stationary CI engines, the compliance
requirements for the SI NSPS contemplate that many new SI engines might
not be certified by the manufacturer. EPA only requires a subset of
stationary engines to be certified, and otherwise provides only for
optional certification by engine manufacturers. The engines that are
not required to be certified are those SI engines that are greater than
19 KW (25 HP) that are not gasoline engines and that are not rich burn
engines that use LPG. EPA does not believe it is feasible to require
these engines to be certified due to fuel quality issues and other
factors. Not only do gaseous fuel quality and properties vary
significantly across
[[Page 33823]]
the country, gaseous-fueled stationary engines also have to be set up
at each individual site to account for site-specific conditions. Due to
varying gaseous fuel and conditions based on the physical location of
the engine, manufacturers would not necessarily be able to define a set
of operating conditions during the engine certification process that
would guarantee a certain level of emissions from the engine. Instead,
the engine would have to be adjusted in the field in order to meet the
applicable standards. Lean burn engines that are using LPG are included
in the voluntary certification program instead of the mandatory
certification program because these engines are similar to gaseous-
fueled stationary engines.
However, EPA does not preclude the possibility that some
manufacturers may be able to certify some or all of their stationary
gaseous-fueled, or lean burn LPG fueled, engines. EPA believes that a
certification program that is somewhat different from the nonroad CI
engine certification program, which allows for a wider range of fuel
quality and for adjustment of the engine in the field according to the
manufacturer's instructions, is feasible. EPA has written this proposed
rule to allow engine manufacturers to voluntarily certify their
stationary SI engines greater than 19 KW (25 HP) that use fuels such as
natural gas.
Should the engine manufacturer determine that it is feasible to
certify their engine families, such certification would substantially
reduce the burden for owners and operators purchasing those engines.
These engine owners and operators would not be required to conduct
performance testing should they purchase a certified engine.
There are minimum specific compliance requirements for owners and
operators subject to the SI NSPS that purchase certified engines. For
certified engines, the testing performed by engine manufacturers during
the certification process serves to demonstrate compliance with the
emission limitations on an initial and ongoing basis until the end of
the engine's useful life. The certification program reduces the burden
on individual engine owners and operators and eliminates the
requirement to do performance testing. In addition to engine
certification, owners and operators of all engines subject to the
proposed standards are required to operate and maintain their engine
and control device (if any) according to the manufacturer's written
instructions. This requirement is consistent with the CI NSPS and is a
reasonable and non-burdensome requirement. EPA believes certification
is the best option for ensuring initial and continuous compliance.
If the manufacturer puts restrictions on the type of fuel to be
used in an engine, or if the manufacturer requires specific
configuration instructions to the owner or operator for installing the
engine to ensure conformance to the standards as certified, then the
owner or operator must follow those instructions and limitations in
order to avoid the requirement to do its own testing or otherwise be in
noncompliance with the regulations.
For owners and operators of uncertified engines, EPA believes that
performance testing is necessary to ensure compliance with the emission
limitations. EPA believes it is appropriate to require an initial
performance test for uncertified engines. Since these engines have not
gone through the certification process where the engine has been
rigorously tested to meet the required emission standards, on-site
testing is the best way to ensure that the emission limitations have
been met. Also, EPA is requiring that uncertified engines greater than
500 HP be tested on a regular basis every 3 years, or 8,760 hours of
operation, whichever comes first. EPA believes such a requirement is
appropriate for these size engines, but does not believe that further
testing is necessary for smaller engines, i.e., those less than or
equal to 500 HP, unless these engines undergo major repair or
maintenance or are rebuilt.
EPA believes that certification is appropriate for stationary
engines that are similar to nonroad engines or that are used for both
nonroad and stationary applications. Therefore, EPA is requiring
manufacturers of all new stationary engines 19 KW (25 HP) and below and
all new gasoline engines and rich burn LPG engines to certify these
engines using the provisions in 40 CFR parts 90 and 1048, as
appropriate.
In general, nonroad certification provisions specify that engine
manufacturers must establish appropriate engine families and certify
each engine family to the applicable emission standards using the fuel
specifications required in those parts (40 CFR parts 90 and 1048).
Manufacturers that voluntarily certify new stationary engines to the
standards in this proposed rule are subject to similar requirements,
with certain differences. Nonroad standards include evaporative and
field testing emission standards, but those standards would not apply
to manufacturers who participate in voluntary certification of
stationary SI engines. The concept of useful life is also part of the
nonroad engine certification program and is being proposed for
voluntary certification, but different useful life values apply. Fuels
used in engines potentially participating in the voluntary
certification program, specifically natural gas and LPG, may have
different compositions depending on the area the fuel is used.
Manufacturers who choose to certify engines under EPA's proposed
voluntary certification program must certify their natural gas engines
using pipeline-quality natural gas meeting EPA's specifications defined
in this proposed rule. The same is true for manufacturers certifying
lean burn LPG engines under the proposed certification program and
manufacturers must certify their engines for operation using fuel that
meets the specifications in 40 CFR 1068.720.
Alternatively, manufacturers can certify their engines on fuels
other than, or in addition to, pipeline-quality natural gas. If so, the
manufacturer must specify the properties and composition of the other
fuel and must perform certification testing on the fuel it is
certifying the engine on. If an aftertreatment device is needed,
manufacturers who certify engines under the voluntary certification
program would be required to certify their engines with the appropriate
aftertreatment equipment. Manufacturers must provide information to the
owner or operator as to the necessary adjustments to be made in the
field upon installation in order to ensure that the engine meets the
emission standards demonstrated during factory certification. This
provision would allow the owner or operator to run the engine on fuels
that are within the range of properties specified by the manufacturer
in the certification. The engine certification is valid, provided that
the owner or operator uses the fuels specified by the engine
manufacturer.
EPA is proposing to include restrictions on the import of
stationary SI ICE <=19 KW (25 HP), stationary rich burn LPG SI engines
and stationary gasoline SI ICE to prevent the importation of engines
that do not meet the applicable requirements of this proposed rule.
This proposed rule includes a provision that prohibits importers from
bringing into the U.S. stationary SI ICE <=19 KW (25 HP), stationary
rich burn LPG SI engines and gasoline SI ICE that do not meet the
emission standards specified in this proposed rule after certain dates.
The proposed dates for limiting the
[[Page 33824]]
importation of engines into the U.S. provides sufficient time to
account for the time that may be required to bring an engine into the
U.S., and EPA believes it is appropriate to propose importation dates
that provides for such flexibility. We are limiting this restriction
only to stationary SI ICE <=19 KW (25 HP) and to stationary gasoline
and rich burn LPG SI ICE because these are the only types of SI ICE
that would have an emissions certification requirement. All other SI
ICE would not be required to certify their emissions--unless the
manufacturer chooses the option to certify--thus, the compliance burden
would fall on the owner/operator of the engine.
2. NESHAP
Overall, the NESHAP compliance requirements are very similar to the
compliance requirements discussed above for the SI NSPS. Again, EPA is
proposing requirements that often rely on, or allow for, engine
certification by manufacturers. The testing that manufacturers conduct
during the certification process for such engines will ensure that the
engine is in compliance throughout its useful life. EPA believes
relying on engine certification is appropriate and no additional
testing is being proposed for certified engines.
For those engines that will not be certified by engine
manufacturers, EPA is proposing that owners and operators conduct
initial performance testing to demonstrate compliance with the emission
standards. Since there is no official certification testing by engine
manufacturers on these engines, performance testing when the engine is
installed in the field is appropriate. This is the best way to ensure
that the engine meets the emission standards.
In addition to requiring initial performance testing for those
engines subject to the NESHAP that are not certified, uncertified
engines greater than 500 HP must conduct additional performance testing
every 3 years or 8,760 hours of operation, whichever comes first.
Unless engines subject to the NESHAP less than or equal to 500 HP
undergo major repair or maintenance or are rebuilt, no further testing
is required for these engines. EPA believes that subsequent performance
testing is appropriate for engines greater than 500 HP due to their
size. Many States mandate more stringent compliance requirements for
large engines and the RICE NESHAP for engines greater than 500 HP
located at major sources also required further performance testing
following the initial compliance demonstration. Finally, EPA expects
engines that are greater than 500 HP are less likely to be certified
since they are not mass-produced, and it would be less cost effective
for manufacturers to certify them.
All engines subject to the NESHAP are required to operate and
maintain their stationary engine and control device (if any) according
to the manufacturer's written instructions.
D. How did EPA determine the reporting and recordkeeping requirements?
The following sections describe how EPA determined the reporting
and recordkeeping requirements for engines subject to the SI NSPS and
NESHAP.
1. SI NSPS
For engines subject to the SI NSPS, EPA is proposing that owners
and operators maintain records of proper maintenance. If the engine is
certified, the owner or operator must keep documentation from the
manufacturer that the engine is certified to meet the emission
standards. EPA does not expect this to be a burdensome requirement and
thinks that, in many cases, owners and operators may be documenting
this information already. An initial notification is required for
uncertified engines greater than 500 HP. Also, owners and operators who
conduct performance testing are required to report the test results
each time a performance test is conducted.
Owners and operators of emergency engines are required to keep
records of their hours of operation (emergency and non-emergency).
Owners and operators must install a non-resettable hour meter on their
engines to record the necessary information. The owner and operators
are required to record the time of operation and the reason the engine
was in operation during that time. EPA believes these requirements are
appropriate for emergency engines. The requirement to maintain records
documenting why the engine was operating will ensure that regulatory
agencies have the necessary information to determine if the engine was
in compliance with the maintenance and testing hour limitation of 100
hours per year.
2. NESHAP
Similar to the SI NSPS, engines subject to the NESHAP are also
required to maintain records of proper maintenance. Again, EPA does not
expect this to be a burdensome requirement and thinks that, in many
cases, owners and operators may be documenting this information
already. If the engine is certified, the owner or operator must keep
documentation from the manufacturer that the engine is certified to
meet the emission standards. Further, an initial notification is
required for stationary SI engines greater than 500 HP that are not
certified. Also, owners and operators of engines that are not certified
must conduct performance testing to demonstrate compliance with the
emission standards and are required to report the test results each
time a performance test is conducted.
Consistent with the SI NSPS, owners and operators of emergency
engines subject to the NESHAP are also required to keep records of
their hours of operation. Under the NESHAP, this requirement applies
not only to SI emergency engines, but to CI emergency engines as well.
Owners and operators must install a non-resettable hour meter on their
engines to record the necessary information. EPA believes these
requirements are appropriate for emergency engines and are consistent
with what was proposed for new CI engines under the NSPS.
Owners and operators of new and reconstructed stationary RICE which
fire landfill or digester gas equivalent to 10 percent or more of the
gross heat input on an annual basis affected by 40 CFR part 63, subpart
ZZZZ, must monitor and record the fuel usage daily with separate fuel
meters to measure the volumetric flow rate of each fuel. This
requirement is appropriate and consistent with fuel monitoring
requirements for engines greater than 500 HP located at major sources.
E. Why Did EPA Determine to Exempt Area Sources From Title V Permit
Requirements?
Section 502(a) of the CAA specifies the sources that are required
to obtain operating permits under title V. These sources include (1)
any affected source subject to the acid deposition provisions of title
IV of the CAA, (2) any major source, (3) any source required to have a
permit under parts C or D of title I of the CAA, (4) ``any other source
(including an area source) subject to standards under section 111
(NSPS) or 112 (NESHAP),'' and (5) any other stationary source in a
category designated by regulations promulgated by the Administrator.
Section 502(a) of the CAA also provides that the Administrator may
``promulgate regulations to exempt one or more source categories (in
whole or in part) from the requirements of this subsection if the
Administrator finds that compliance with such requirements is
impracticable, infeasible, or unnecessarily burdensome on such
categories, except that the Administrator may not exempt any major
source from
[[Page 33825]]
such requirements.'' EPA has exempted many area sources subject to CAA
section 111 or 112 standards from title V requirements in prior
rulemakings, in particular see a recent final rule, 70 FR 75320,
December 19, 2005, that provides additional background information and
rationale for such exemptions for a large number of area sources
subject to CAA section 112 standards.
In the case of affected stationary engines located at area sources,
EPA believes compliance with permit requirements under title V would be
impracticable, infeasible and unnecessarily burdensome for the reasons
explained below.
First, title V permits would be unnecessarily burdensome for area
sources subject to this proposed rule because title V would not result
in significant improvements to compliance with the CAA section 111 and
112 standards for the area sources. (The term ``title V permits'' used
here refers to permits issued under 40 CFR parts 70 or 71 by either a
State or local agency or EPA.) For a great number of these area
sources, these engines are the only emission source and the owner/
operator (often a hospital or a school) will not be at all familiar
with the requirements for permits.
To demonstrate compliance with these CAA section 111 and 112
standards, the NSPS require the owner or operator of the area source to
either purchase a certified stationary SI engine or to conduct
performance testing. Certification that the engine meets the emission
reduction requirements of this proposed rule is done by the
manufacturer of the engine, rather than the area source that owns or
operates the engine. This strategy places a significant amount of
responsibility for compliance with the standard on the manufacturer,
compared to many other emission standards that place the compliance
responsibility on the owner or operator.
The strategy of this proposed rule of requiring the manufacture of
cleaner burning emission sources for many of the affected engines
(manufacturer-based controls) has been employed in other CAA section
111 standards, for example, the NSPS for new residential woodstoves
(subpart AAA of 40 CFR part 60). We exempted area sources subject to
the woodstove NSPS in the final rule for part 70 (57 FR 32250, July 21,
1992) for reasons similar to these we describe today for stationary SI
engines. (See 40 CFR 70.3(b)(4) and 40 CFR 71.3(b)(4).)
For those engines that are not certified and located at area
sources, EPA believes it would be unnecessarily burdensome to require
title V permits. Many of these engines are small consumer items that
are owned by sources that are not otherwise regulated. Also, title V
would not result in significant improvements to compliance with the
standard for these area sources because the CAA section 111 and 112
standards themselves contains adequate compliance requirements for
these area sources, consistent with the CAA, without relying on title
V. For example, owners and operators of engines that are not certified
have to conduct performance testing to demonstrate compliance with the
proposed emission standards. Notification, recordkeeping, and reporting
requirements are also proposed for these sources that own and operator
engines that are not certified and combined with performance testing
requirements provide adequate assurance that area sources are in
compliance with CAA section 111 and 112 standards.
Second, title V would impose certain burdens and costs on area
sources subject to this proposed rule that EPA does not believe are
justified when compared to the potential for title V permits to improve
compliance with the CAA section 111 and 112 standards for such sources.
This is so because EPA believes the costs and burdens of title V
permits for the typical area sources subject to this proposed rule
would be significant. This assessment is not based on any particular
empirical data or study but on a review of the types of stand-alone
area sources that would be subject to this proposed rule. (See current
ICR for 40 CFR part 70, EPA ICR 1587.06 and OMB control
number 2060-0243 for EPA's best estimate of the burdens and costs of
title V for sources subject to 40 CFR part 70 on a national, aggregate
basis.) Also, as explained above, EPA's judgment is that requiring
operating permits for these area sources would not result in
significant improvements to compliance over that already required by
this proposed rule. Thus, the burdens and cost of title V for these
area sources would be significant, and in any case, they will be
unnecessary and not justified, when compared to the low potential for
title V permits to improve compliance for them, consistent with the
``unnecessarily burdensome'' criterion of section 502(a) of the CAA.
Thus, we have decided to propose to exempt area sources subject to
this proposed rule from title V operating permit requirements under 40
CFR part 70 and 40 CFR part 71, and we have incorporated language in
this proposed rule to specify this. Under this approach title V
exemptions are allowed for an area source, provided the area source is
not required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a)
for another reason, such as when the source becomes a major source.
Also note that this exemption only affects whether an area source
is required to obtain an operating permit, it has no bearing on any
other requirements of this proposed rule.
V. Summary of Environmental, Energy and Economic Impacts
A. What are the air quality impacts?
This proposed rule is estimated to reduce NOX emissions
from stationary SI ICE by an estimated 66,000 tons per year (tpy), CO
emissions by about 38,000 tpy, NMHC emissions by about 2,000 tpy, and
HAP emissions by approximately 800 tpy in the year 2015. This proposed
rule is estimated to reduce NOX emissions by 73,000 tpy, CO
emissions by 41,000 tpy, NMHC emissions by 2,000 tpy, and HAP emissions
by 900 tpy in the year 2020. This proposed rule is estimated to reduce
NOX emissions by 88,000 tpy, CO emissions by 48,000 tpy,
NMHC emissions by 3,000 tpy, and HAP emissions by 1,000 tpy in the year
2030.
EPA estimates that a total of about 150,000 stationary SI engines
will be affected by this proposed rule by the year 2015. A total of
433,000 stationary SI engines will be affected by the year 2030. An
estimated 623,000 stationary CI engines will be affected by this
proposed rule by the year 2015. However, stationary CI engines affected
by this proposed rule would also be subject to the CI NSPS. Further
information regarding the estimated reductions of this proposed rule
can be found in the memorandum entitled ``Cost Impacts and Emission
Reductions Associated with Proposed NSPS for Stationary SI ICE and
NESHAP for Stationary RICE,'' which is available in the docket.
B. What are the cost impacts?
The total national capital cost for this proposed rule is estimated
to be approximately $37 million in the year 2015, with a total national
annual cost of $17 million in the year 2015. In the year 2020, the
total national capital and annual costs for this proposed rule are
estimated to be $40 million and $18 million, respectively. In the year
2030, the total national capital and annual costs for this proposed
rule are estimated to be $47 million and $20 million, respectively.
C. What are the economic impacts?
The economic impacts of this proposed rule are estimated in terms
of
[[Page 33826]]
changes in price and output for affected producers defined by industry
and affected consumers. These price and output changes are estimated
for four industries that may be affected by this proposed rule: NAICS
333912 (Pump and Compressor Manufacturing), NAICS 333911 (Pump and
Pumping Equipment Manufacturing), NAICS 335312 (Motor and Generator
Manufacturing), and NAICS 33399P (All other Miscellaneous General
Purpose, Machinery). Prices are expected to increase by no more than
0.08 percent for output from any of the industries affected by this
proposed rule. Affected output is expected to decrease by no more than
0.003 percent from any of these industries. The decrease in total
surplus (consumer + producer surplus) is about $11 million, or less
than 0.1 percent.
As part of the assessment of the economic impacts of this proposal,
EPA has estimated the health benefits of reducing NOX
emissions as a result of this proposed rule. For the reduction of
66,000 tons of NOX, we estimate that the human health
benefits in the year 2015 will be in the range of $72 million to $765
million, or about 4 to 40 times the annual cost in that year. To get
this estimate, we assumed that each ton of NOX reduced was
worth in the range of $1,100 to $11,600 in human health benefits. In
developing this estimate, EPA is using the approach and methodology
laid out in the document titled ``Validating Regulatory Analysis: 2005
Report to Congress by OMB.''
EPA plans to do a more extensive calculation of the benefits of
this rulemaking during the development of the final rule. Executive
Order 12866 and OMB Circular A-4 require the estimation of the costs,
benefits and economic impacts for any significant regulatory action
with an annual impact on the economy of greater than $100 million. For
the final rulemaking, EPA will perform a more extensive assessment of
the human health benefits and provide a more complete characterization
of the uncertainty in its estimate as outlined in the OMB Circular A-4
guidance.
D. What are the non-air health, environmental and energy impacts?
EPA does not anticipate any significant non-air health,
environmental or energy impacts as a result of this proposed rule.
VI. Solicitation of Public Comments and Public Participation
EPA seeks full public participation in arriving at its final
decisions, and strongly encourages comments on all aspects of this
proposed rule from all interested parties. Whenever applicable, full
supporting data and detailed analysis should be submitted to allow EPA
to make maximum use of the comments. The Agency invites all parties to
coordinate their data collection activities with EPA to facilitate
mutually beneficial and cost-effective data submissions.
Specifically, we request comments on the issue of measuring NMHC
emissions. Hydrocarbons are a by-product of the combustion of fuel from
stationary engines. Because methane is orders of magnitude less
reactive in the atmosphere than other hydrocarbons, it is often
excluded from emission estimates. Therefore, NMHC emission standards
are sometimes used to regulate emissions of hydrocarbons from fuel
combustion sources. The emissions of NMHC are the measured hydrocarbon
components detected using a Flame Ionization Detector (FID),
subtracting out the methane concentration. Most hydrocarbons can be
measured with an FID, with the exception of oxygenated compounds. Many
of these oxygenated compounds, which include formaldehyde,
acetaldehyde, methanol, and acrolein, have been identified as HAP
emitted in high quantities from stationary engines. Formaldehyde was
found to be the most significant HAP, comprising more than 70 percent
of all HAP emissions from stationary natural gas fired engines. EPA
recognizes that test methods which measure NMHC commonly do not measure
formaldehyde. However, EPA has found that there is a linear correlation
with NMHC emissions and formaldehyde emissions, and is proposing that
NMHC be used as a surrogate for formaldehyde emissions from stationary
SI ICE. EPA recognizes that measuring NMHC directly does not measure
HAP such as formaldehyde, and requests comments on this issue.
We also request comment on our proposed approach for emergency SI
engines. The proposed standards for emergency SI engines require the
same levels of emissions as the proposed Phase 1 standards for non-
emergency SI natural gas engines, except that additional lead time is
provided. EPA recognizes that emergency SI engines must satisfy unique
demands and performance requirements. We request comment on the costs,
emission reductions and technical feasibility of the standards for
rich-burn and lean-burn SI emergency engines and any potential
difficulties associated with the proposed standards for emergency SI
engines. In addition, we are also requesting comment on our proposal to
allow the use of propane for up to 100 hours per year for emergency
backup purposes even if the engine is not designed to operate on
propane. Industry requested that such an allowance would be appropriate
to include in the rule.
In addition, we are requesting comment on the proposed emission
standards for landfill and digester gas fired engines that are rich
burn engines. While we recognize that there are issues related to the
application of add-on controls to engines firing landfill and digester
gas, we believe that the emission standards proposed can be met by lean
burn engine designs. Information we have received during the proposal
indicates that the majority of landfill gas applications are using lean
burn engines, therefore, we do not expect any problems complying with
the proposed standards as the standards can be met through on-engine
controls. However, there may be a few stationary engines that are rich
burn engines that may have problems complying with the proposed
emission standards if they are burning landfill or digester gas. We
request comments on how common rich burn engines are in such
applications. We are also requesting comments on the costs, emission
reductions and technical feasibility of the proposed second phase of
standards for SI landfill/digester gas engines under the NSPS that
would tighten the NOX limit from 3 to 2 g/bhp-hr.
Finally, we are requesting comment on our proposed approach for
addressing engines using LPG. In the proposal we are treating rich burn
engines that use LPG and lean burn engines that use LPG differently. We
are proposing to regulate rich burn engines that use LPG with gasoline
engines, and lean burn engines that use LPG with natural gas engines.
We are requesting comment on this proposed regulatory regime for
stationary SI engines that use LPG.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the
[[Page 33827]]
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. EPA has submitted this action to
OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the public record.
B. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. The Information Collection Request (ICR)
document prepared by EPA has been assigned EPA ICR number 2227.01.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NSPS General
Provisions (40 CFR part 60, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to Agency policies set
forth in 40 CFR part 2, subpart B.
This proposed rule will not require any notifications or reports
beyond those required by the General Provisions. The recordkeeping
requirements require only the specific information needed to determine
compliance.
The annual monitoring, reporting, and recordkeeping burden for this
collection (averaged over the first 3 years after the effective date of
the final rule) is estimated to be 132,381 labor hours per year at a
total annual cost of $18,475,453. This estimate includes a one-time
notification for engines greater than 500 HP that are not certified,
engine certification, engine performance testing, and recordkeeping.
There are no capital/start-up costs associated with the monitoring
requirements over the 3-year period of the ICR. The operation and
maintenance costs for the monitoring requirements over the 3-year
period of the ICR are estimated to be $8,964,391 per year.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this rule, which
includes this ICR, under Docket ID number EPA-HQ-OAR-2005-0030. Submit
any comments related to the ICR for this proposed rule to EPA and OMB.
See Addresses section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after June 12, 2006, a comment to OMB is best
assured of having its full effect if OMB receives it by July 12, 2006.
The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For the purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as: (1) A small business based
on the following Small Business Administration (SBA) size standards,
which are based on employee size: NAICS 333911--Pump and Pumping
Equipment Manufacturing--500 employees or less; NAICS 333912--Pump and
Compressor Manufacturing--500 employees or less; NAICS 33399P--All
other Miscellaneous General Purpose, Machinery--500 employees or less;
and NAICS 335312--Motor and Generator Manufacturing--1,000 employees or
less; (2) a small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. For more information, refer to http://www.sba.gov/size/sizetable2002.html. The small entity impacts of this
proposed rule are estimated in terms of comparing the compliance costs
to revenues at affected firms. For more detail, see the current
Economic Impact and Small Business Analysis in the public docket.
After considering the economic impacts of this proposed rule on
small entities, I certify that this proposed rule will not have a
significant economic impact on a substantial number of small entities.
This proposed rule is expected to affect 21 ultimate parent businesses.
Five of the parent businesses are small according to the SBA small
business size standard. One of these 5 firms would have an annualized
cost of more than 1 percent of sales associated with meeting the
requirements; the estimated cost is between 3 and 4 percent for this
small firm. Also, no other adverse impacts are expected to these
affected small businesses.
For more information on the small entity impacts associated with
this proposed rule, please refer to the Economic Impact and Small
Business Analyses in the public docket.
Although this proposed rule would not have a significant economic
impact on a substantial number of small entities, we nonetheless tried
to reduce
[[Page 33828]]
the impact of this proposed rule on small entities. When developing the
revised standards, we took special steps to ensure that the burdens
imposed on small entities were minimal. We conducted several meetings
with industry trade associations to discuss regulatory options and the
corresponding burden on industry, such as recordkeeping and reporting.
Following publication of this proposed rule, copies of the Federal
Register action and, in some cases, background documents, will be
publicly available to all industries, organizations, and trade
associations that have had input during the regulation development, as
well as State and local agencies. We continue to be interested in the
potential impacts of this proposed rule on small entities and welcome
comments on issues related to such impacts.
D. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least-costly, most cost-effective, or least-burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. Thus, this proposed rule is not subject
to the requirements of sections 202 and 205 of the UMRA. In addition,
EPA has determined that this proposed rule contains no regulatory
requirements that might significantly or uniquely affect small
governments because it contains no requirements that apply to such
governments or impose obligations upon them. Therefore, this proposed
rule is not subject to the requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires us to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This proposed rule primarily
affects private industry, and does not impose significant economic
costs on State or local governments. Thus, Executive Order 13132 does
not apply to this proposed rule. In the spirit of Executive Order
13132, and consistent with EPA policy to promote communications between
EPA and State and local governments, EPA specifically solicits comment
on this proposed rule from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000)
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications. It will not have substantial direct effects
on tribal governments, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this proposed rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that we have reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, we must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives.
We interpret Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 (66 FR 28355, May 22, 2001) provides that
agencies shall prepare and submit to the Administrator of the Office of
Information and Regulatory Affairs, Office of Management and Budget, a
Statement of Energy Effects for certain actions identified as
``significant energy
[[Page 33829]]
actions.'' Section 4(b) of Executive Order 13211 defines ``significant
energy actions'' as ``any action by an agency (normally published in
the Federal Register) that promulgates or is expected to lead to the
promulgation of a final rule or regulation, including notices of
inquiry, advance notices of proposed rulemaking, and notices of
proposed rulemaking: (1) (i) That is a significant regulatory action
under Executive Order 12866 or any successor order, and (ii) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy; or (2) that is designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action.'' This proposed rule is a significant energy action as
designated by the Administrator of the Office of Information and
Regulatory Affairs. We have, therefore, prepared a Statement of Energy
Effects for this action as follows.
The increase in petroleum product output, which includes increases
in fuel production, is estimated at less than 0.00001 percent, or about
10 barrels per day based on 2006 U.S. fuel production nationwide. The
reduction in coal production is zero since no coal-fired units will be
affected by the requirements of this proposed rule. The reduction in
electricity output is estimated at 0.00002 percent, or about 88,000
kilowatt-hours per year based on 2006 U.S. electricity production
nationwide. Production of natural gas is expected to decrease by
286,000 cubic feet (ft \3\) per day, a decrease of 0.00002 percent from
2006 U.S. production levels. The maximum of all energy price increases,
which include increases in natural gas prices as well as those for
petroleum products, and electricity, is estimated to be 0.0001 percent
nationwide. Energy distribution costs may increase by roughly no more
than the same amount as electricity rates. We expect that there will be
no discernable impact on the import of foreign energy supplies, and no
other adverse outcomes are expected to occur with regards to energy
supplies. The increase in cost of energy production should be minimal
given the very small increases in energy prices and outputs shown
above. All of the estimates presented above account for some pass-
through of costs to consumers as well as the direct cost impact to
producers. For more information on these estimated energy effects,
please refer to the economic impact analysis for the proposed rule.
This analysis is available in the public docket.
Therefore, we conclude that the proposed rule when implemented will
not have a significant adverse effect on the supply, distribution, or
use of energy.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113, section 12(d), 15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in their
regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to the
OMB, with explanations when an agency does not use available and
applicable voluntary consensus standards.
This proposed rule involves technical standards. EPA cites the
standard test procedures in 40 CFR part 1048, subpart F, Sec. Sec.
1048.501-515. Other test methods cited in this proposed rule are EPA
Methods 1, 1A, 3, 3A, 3B, 4, 10, 18, 25, and 25A of 40 CFR part 60, EPA
Methods 320 or 323 of 40 CFR part 63, appendix A, EPA Performance
Specifications (PS) 3 and 4A; and ASTM D6522-00 (2005) (for Method 3A
and 10) and D6348-03 (for Method 320 or 323). Consistent with the
NTTAA, EPA conducted searches to identify voluntary consensus standards
in addition to these methods. No applicable voluntary consensus
standards were identified for EPA Method 1A, PS 3 and 4A, and the
nonroad test procedures in 40 CFR part 1048, subpart F, sections
1048.501-515. The search and review results have been documented and
are placed in the docket (Docket ID No. EPA-HQ-OAR-2005-0030) for this
proposed rule.
One potentially applicable voluntary consensus standard that was
identified is not acceptable as an alternative as written, but may be
acceptable if minor adjustments are made to the procedures. EPA invites
comments on the use of this ISO standard for this proposed rule. The
voluntary consensus standard ISO 8178-1:1996, ``Reciprocating ICE--
Exhaust Emission Measurement--Part 1: Test-bed Measurement of Gaseous
and Particulate Exhaust Emissions,'' is not acceptable as an
alternative to the test procedures in Sec. 60.4240 of this proposed
rule (specifically 40 CFR 86.1310) for the following reasons. Although
ISO 8178-1:1996 has many of the features of EPA test procedures, the
ISO standard allows the gaseous measurements to be made in an undiluted
sample whereas EPA procedures in 40 CFR 86.1310 require at least one
dilution of the sample. The ISO method does allow the gaseous
measurements to be made during the double diluted sampling procedures
for particulate matter, but it is not required by the ISO method. Also,
in the measurement of hydrocarbons, the ISO method only specifies that
the sample lines are to be maintained above 70 [deg]C and advises that
the flow capacity of the sample lines is used to prevent condensation.
In EPA procedures in 40 CFR 86.1310, the sample lines must be
maintained at 191 [deg]C during the hydrocarbon tests to prevent
condensation.
Two voluntary consensus standards were identified as appropriate to
this proposed rule. The voluntary consensus standard ASTM D6420-99
(2004), ``Standard Test Method for Determination of Gaseous Organic
Compounds by Direct Interface Gas Chromatography-Mass Spectrometry (GC/
MS),'' is appropriate in the cases described below for inclusion in
this proposed rule in addition to EPA Method 18 codified at 40 CFR part
60, appendix A, for measurement of total nonmethane organic. Therefore,
the standard ASTM D6420-99 is cited in this proposed rule.
Similar to EPA's performance-based Method 18, ASTM D6420-99 is also
a performance-based method for measurement of total gaseous organic
compounds. However, ASTM D6420-99 was written to support the specific
use of highly portable and automated GC/MS. While offering advantages
over the traditional Method 18, the ASTM method does allow some less
stringent criteria for accepting GC/MS results than required by Method
18. Therefore, ASTM D6420-99 is a suitable alternative to Method 18
only where:
(1) The target compound(s) are those listed in section 1.1 of ASTM
D6420-99, and
(2) The target concentration is between 150 ppbv and 100 ppmv.
For target compound(s) not listed in section 1.1 of ASTM D6420-99,
but potentially detected by mass spectrometry, the regulation specifies
that the additional system continuing calibration check after each run,
as detailed in section 10.5.3 of the ASTM method, must be followed,
met, documented, and submitted with the data report even if there is no
moisture condenser used or the compound is not considered water
soluble. For target compound(s) not listed in section 1.1 of ASTM
D6420-99, and not amenable to detection by mass spectrometry, ASTM
D6420-99 does not apply.
[[Page 33830]]
As a result, EPA will cite ASTM D6420-99 in this proposed rule. EPA
will also cite Method 18 as a GC option in addition to ASTM D6420-99.
This will allow the continued use of GC configurations other than GC/
MS.
The voluntary consensus standard ASME PTC 19-10-1981--Part 10,
``Flue and Exhaust Gas Analyses,'' is cited in this proposed rule for
its manual method for measuring the O2 content of exhaust
gas. This part of ASME PTC 19-10-1981--Part 10 is an acceptable
alternative to Method 3B.
The search for emissions measurement procedures identified ten
other voluntary consensus standards. EPA determined that nine of these
ten standards identified for measuring emissions of the HAP or
surrogates subject to emission standards in this proposed rule were
impractical alternatives to EPA test methods for the purposes of this
proposed rule. Therefore, EPA does not intend to adopt these standards
for this purpose. (See the rulemaking docket for the reasons for this
determination for these nine standards.)
One of the ten voluntary consensus standards identified in this
search were not available at the time the review was conducted for the
purposes of this rule because it is under development by a voluntary
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity
Traverse,'' possibly for EPA Method 1.
Sections 60.4240 and 63.6620 of this proposed rule lists the
testing methods included in the regulation. Under Sec. Sec. 60.8,
60.13, 63.7(f) and 63.8(f) of subpart A to the General Provisions, a
source may apply to EPA for permission to use alternative test methods
or alternative monitoring requirements in place of any required testing
methods, performance specifications, or procedures.
List of Subjects
40 CFR Part 60
Administrative practice and procedure, Air pollution control,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
40 CFR Part 63
Administrative practice and procedure, Air pollution control,
Hazardous substances, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 85
Imports, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements, Research, Warranties.
40 CFR Part 90
Administrative practice and procedure, Air pollution control.
40 CFR Part 1048
Administrative practice and procedure, Air pollution control.
40 CFR Part 1065
Administrative practice and procedure, Air pollution control,
Reporting and recordkeeping requirements, Research.
40 CFR Part 1068
Administrative practice and procedure, Imports, Motor vehicle
pollution, Penalties, Reporting and recordkeeping requirements,
Warranties.
Dated: May 23, 2006.
Stephen L. Johnson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended to read as
follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 60 is amended by adding subpart JJJJ to read as follows:
Subpart JJJJ--Standards of Performance for Stationary Spark Ignition
Internal Combustion Engines
What This Subpart Covers
Sec.
60.4230 Am I subject to this subpart?
Emission Standards for Manufacturers
60.4231 What emission standards must I meet if I am a manufacturer
of stationary SI internal combustion engines?
60.4232 How long must my engines meet the emission standards if I am
a manufacturer of stationary SI internal combustion engines?
Emission Standards for Owners and Operators
60.4233 What emission standards must I meet if I am an owner or
operator of a stationary SI internal combustion engine?
60.4234 How long must I meet the emission standards if I am an owner
or operator of a stationary SI internal combustion engine?
Other Requirements for Owners and Operators
60.4235 What fuel requirements must I meet if I am an owner or
operator of a stationary SI gasoline fired internal combustion
engine subject to this subpart?
60.4236 What is the deadline for importing or installing stationary
SI ICE produced in the previous model year?
60.4237 What are the monitoring requirements if I am an owner or
operator of an emergency stationary SI internal combustion engine?
Compliance Requirements for Manufacturers
60.4238 What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines <=19 KW (25 HP)?
60.4239 What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines >19 KW (25 HP) that use
gasoline?
60.4240 What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines >19 KW (25 HP) that are
rich burn engines that use LPG?
60.4241 What are my compliance requirements if I am a manufacturer
of stationary SI internal combustion engines participating in the
voluntary certification program?
60.4242 What other requirements must I meet if I am a manufacturer
of stationary SI internal combustion engines?
Compliance Requirements for Owners and Operators
60.4243 What are my compliance requirements if I am an owner or
operator of a stationary SI internal combustion engine?
Testing Requirements for Owners and Operators
60.4244 What test methods and other procedures must I use if I am an
owner or operator of a stationary SI internal combustion engine?
Notification, Reports, and Records for Owners and Operators
60.4245 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary SI
internal combustion engine?
Definitions
60.4246 What definitions apply to this subpart?
Tables to Subpart JJJJ of Part 60
Table 1 to Subpart JJJJ of Part 60--NOX, NMHC, and CO
Emission Standards in g/HP-hr for Stationary SI Engines >25 HP
(except Gasoline and Rich Burn LPG Engines)
Table 2 to Subpart JJJJ of Part 60--Requirements for Performance
Tests
What This Subpart Covers
Sec. 60.4230 Am I subject to this subpart?
(a) The provisions of this subpart are applicable to manufacturers,
owners, and operators of stationary spark
[[Page 33831]]
ignition (SI) internal combustion engines (ICE) as specified in
paragraphs (a)(1) through (5) of this section. For the purposes of this
subpart, the date that construction commences is the date the engine is
ordered by the owner or operator.
(1) Manufacturers of stationary SI ICE with a maximum engine power
less than or equal to 19 kilowatt (KW) (25 horsepower (HP)) that are
manufactured on or after January 1, 2008.
(2) Manufacturers of stationary SI ICE with a maximum engine power
greater than 19 KW (25 HP) that are gasoline fueled or that are rich
burn engines fueled by liquefied petroleum gas (LPG), where the date of
manufacture is:
(i) On or after July 1, 2007, for engines with a maximum engine
power greater than or equal to 500 HP,
(ii) On or after January 1, 2008, for engines with a maximum engine
power less than 500 HP.
(3) Manufacturers of stationary SI ICE with a maximum engine power
greater than 19 KW (25 HP) that are not gasoline fueled and are not
rich burn engines fueled by LPG, where the manufacturer participates in
the voluntary manufacturer certification program described in this
subpart and where the date of manufacture is:
(i) On or after July 1, 2007, for engines with a maximum engine
power greater than or equal to 500 HP,
(ii) On or after January 1, 2008, for engines with a maximum engine
power less than 500 HP,
(iii) On or after January 1, 2009, for emergency engines.
(4) Owners and operators of stationary SI ICE that commence
construction after June 12, 2006 where the stationary SI ICE are
manufactured:
(i) On or after July 1, 2007, for engines with a maximum engine
power greater than or equal to 500 HP,
(ii) On or after January 1, 2008, for engines with a maximum engine
power less than 500 HP,
(iii) On or after January 1, 2009, for emergency engines with a
maximum engine power greater than 19 KW (25 HP) that are not gasoline
fueled and are not rich burn engines fueled by LPG.
(5) Owners and operators of stationary SI ICE that commence
modification or reconstruction after June 12, 2006.
(b) The provisions of this subpart are not applicable to stationary
SI ICE being tested at an engine test cell/stand.
(c) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 40 CFR part 71, provided you are not required
to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason
other than your status as an area source under this subpart.
Notwithstanding the previous sentence, you must continue to comply with
the provisions of this subpart as applicable.
(d) For the purposes of this subpart, stationary SI ICE using
alcohol-based fuels are considered gasoline engines.
(e) Stationary SI ICE used for national security are eligible for
exemption from the requirements of this subpart as described in 40 CFR
1068.225, except that owners and operators, as well as manufacturers,
may be eligible to request this exemption.
Emission Standards for Manufacturers
Sec. 60.4231 What emission standards must I meet if I am a
manufacturer of stationary SI internal combustion engines?
(a) Stationary SI internal combustion engine manufacturers must
certify their stationary SI ICE with a maximum engine power less than
or equal to 19 KW (25 HP) manufactured on or after January 1, 2008 to
the certification emission standards and other requirements for new
nonroad SI engines in 40 CFR part 90.
(b) Stationary SI internal combustion engine manufacturers must
certify their stationary SI ICE with a maximum engine power greater
than 19 KW (25 HP) that use gasoline and that are manufactured on or
after the applicable date in Sec. 60.4230(a)(2) to the certification
emission standards and other requirements for new nonroad SI engines in
40 CFR part 1048. Stationary SI internal combustion engine
manufacturers may certify their stationary SI ICE with a maximum engine
power less than or equal to 30 KW (40 HP) with a total displacement
less than or equal to 1,000 cubic centimeters (cc) to the certification
emission standards and other requirements for new nonroad SI engines in
40 CFR part 90.
(c) Stationary SI internal combustion engine manufacturers must
certify their stationary SI ICE with a maximum engine power greater
than 19 KW (25 HP) that are rich burn engines that use LPG and that are
manufactured on or after the applicable date in Sec. 60.4230(a)(2) to
the certification emission standards and other requirements for new
nonroad SI engines in 40 CFR part 1048. Stationary SI internal
combustion engine manufacturers may certify their stationary SI ICE
with a maximum engine power less than or equal to 30 KW (40 HP) with a
total displacement less than or equal to 1,000 cc to the certification
emission standards and other requirements for new nonroad SI engines in
40 CFR part 90.
(d) Stationary SI internal combustion engine manufacturers of
engines with a maximum engine power greater than 19 KW (25 HP) that do
not use gasoline and are not rich burn engines that use LPG who choose
to certify engines under the voluntary manufacturer certification
program described in this subpart must certify those engines to the
emission standards in Table 1 to this subpart.
Sec. 60.4232 How long must my engines meet the emission standards if
I am a manufacturer of stationary SI internal combustion engines?
Engines manufactured by stationary SI internal combustion engine
manufacturers must meet the emission standards as required in Sec.
60.4231 during the useful life of the engines.
Emission Standards for Owners and Operators
Sec. 60.4233 What emission standards must I meet if I am an owner or
operator of a stationary SI internal combustion engine?
(a) Owners and operators of stationary SI ICE with a maximum engine
power less than or equal to 19 KW (25 HP) manufactured on or after
January 1, 2008 must comply with the emission standards in Sec.
60.4231(a) for their stationary SI ICE.
(b) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) manufactured on or after the
applicable date in Sec. 60.4230(a)(2) that use gasoline must comply
with the emission standards in Sec. 60.4231(b) for their stationary SI
ICE.
(c) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) manufactured on or after the
applicable date in Sec. 60.4230(a)(2) that are rich burn engines that
use LPG must comply with the emission standards in Sec. 60.4231(c) for
their stationary SI ICE.
(d) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) that do not use gasoline and are not
rich burn engines that use LPG must comply with the emission standards
in Table 1 to this subpart for their stationary SI ICE. These emission
standards include emission standards for stationary SI landfill/
digester gas ICE and stationary SI emergency ICE.
(e) Owners and operators of any modified or reconstructed
stationary SI ICE subject to this subpart must meet the requirements as
specified in paragraphs (e)(1) through (5) of this section.
(1) Owners and operators of stationary SI ICE with a maximum engine
power less than or equal to 19 KW (25 HP), that
[[Page 33832]]
are modified or reconstructed after June 12, 2006, must comply with the
same emission standards as those specified in paragraph (a) of this
section.
(2) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) that use gasoline engines, that are
modified or reconstructed after June 12, 2006, must comply with the
same emission standards as those specified in paragraph (b) of this
section.
(3) Owners and operators of stationary SI ICE with a maximum engine
power greater than 19 KW (25 HP) that are rich burn engines that use
LPG, that are modified or reconstructed after June 12, 2006, must
comply with the same emission standards as those specified in paragraph
(c) of this section.
(4) Owners and operators of stationary SI natural gas and lean burn
LPG engines with a maximum engine power greater than 19 KW (25 HP),
that are modified or reconstructed after June 12, 2006, must comply
with the same emission standards as those specified in paragraph (d) of
this section, except that such owners and operators must meet a
nitrogen oxides (NOX) emission standard of 3.0 grams per HP-
hour (g/HP-hr), a carbon monoxide (CO) emission standard of 4.0 g/HP-
hr, and a non-methane hydrocarbons (NMHC) emission standard of 1.0 g/
HP-hr, where the date of manufacture of the engine is:
(i) Prior to July 1, 2007, for non-emergency engines with a maximum
engine power greater than or equal to 500 HP;
(ii) Prior to January 1, 2008, for non-emergency engines with a
maximum engine power less than 500 HP;
(iii) Prior to January 1, 2009, for emergency engines.
(5) Owners and operators of stationary SI landfill/digester gas ICE
engines with a maximum engine power greater than 19 KW (25 HP), that
are modified or reconstructed after June 12, 2006, must comply with the
same emission standards as those specified in paragraph (d) of this
section for stationary landfill/digester gas engines.
Sec. 60.4234 How long must I meet the emission standards if I am an
owner or operator of a stationary SI internal combustion engine?
Owners and operators of stationary SI ICE must operate and maintain
stationary SI ICE that achieve the emission standards as required in
Sec. 60.4233 according to the manufacturer's written instructions or
procedures developed by the owner or operator that are approved by the
engine manufacturer, over the entire life of the engine.
Other Requirements for Owners and Operators
Sec. 60.4235 What fuel requirements must I meet if I am an owner or
operator of a stationary SI gasoline fired internal combustion engine
subject to this subpart?
Owners and operators of stationary SI ICE subject to this subpart
that use gasoline must use gasoline that meets the per gallon sulfur
limit in 40 CFR 80.195.
Sec. 60.4236 What is the deadline for importing or installing
stationary SI ICE produced in the previous model year?
(a) After January 1, 2010, owners and operators may not install
stationary SI ICE with a maximum engine power of less than 500 HP that
do not meet the applicable requirements in Sec. 60.4233.
(b) After July 1, 2009, owners and operators may not install
stationary SI ICE with a maximum engine power of greater than or equal
to 500 HP that do not meet the applicable requirements in Sec.
60.4233.
(c) For emergency stationary SI ICE with a maximum engine power of
greater than 19 kW (25 HP) that are not gasoline fueled engines and
that are not rich burn engines fueled by LPG, owners and operators may
not install engines that do not meet the applicable requirements in
Sec. 60.4233 after January 1, 2011.
(d) In addition to the requirements specified in Sec. Sec. 60.4231
and 60.4233, it is prohibited to import stationary SI ICE <=19 KW (25
HP), stationary rich burn LPG SI ICE, and stationary gasoline SI ICE
that do not meet the applicable requirements specified in paragraphs
(a) and (b) of this section, after the date specified in paragraph (a)
and (b) of this section.
(e) The requirements of this section do not apply to owners and
operators of stationary SI ICE that have been modified or
reconstructed, and they do not apply to engines that were removed from
one existing location and reinstalled at a new location.
Sec. 60.4237 What are the monitoring requirements if I am an owner or
operator of an emergency stationary SI internal combustion engine?
If you are an owner or operator of an emergency stationary SI
internal combustion engine, you must install a non-resettable hour
meter prior to startup of the engine.
Compliance Requirements for Manufacturers
Sec. 60.4238 What are my compliance requirements if I am a
manufacturer of stationary SI internal combustion engines <=19 KW (25
HP)?
Stationary SI internal combustion engine manufacturers who are
subject to the emission standards specified in Sec. 60.4231(a) must
certify their stationary SI ICE using the certification procedures
required in 40 CFR part 90, subpart B, and must test their engines as
specified in that part.
Sec. 60.4239 What are my compliance requirements if I am a
manufacturer of stationary SI internal combustion engines >19 KW (25
HP) that use gasoline?
Stationary SI internal combustion engine manufacturers who are
subject to the emission standards specified in Sec. 60.4231(b) must
certify their stationary SI ICE using the certification procedures
required in 40 CFR part 1048, subpart C, and must test their engines as
specified in that part. Stationary SI internal combustion engine
manufacturers who certify their stationary SI ICE with a maximum engine
power less than or equal to 30 KW (40 HP) with a total displacement
less than or equal to 1,000 cc to the certification emission standards
and other requirements for new nonroad SI engines in 40 CFR part 90
must certify their stationary SI ICE using the certification procedures
required in 40 CFR part 90, subpart B, and must test their engines as
specified in that part.
Sec. 60.4240 What are my compliance requirements if I am a
manufacturer of stationary SI internal combustion engines >19 KW (25
HP) that are rich burn engines that use LPG?
Stationary SI internal combustion engine manufacturers who are
subject to the emission standards specified in Sec. 60.4231(c) must
certify their stationary SI ICE using the certification procedures
required in 40 CFR part 1048, subpart C, and must test their engines as
specified in that part. Stationary SI internal combustion engine
manufacturers who certify their stationary SI ICE with a maximum engine
power less than or equal to 30 KW (40 HP) with a total displacement
less than or equal to 1,000 cc to the certification emission standards
and other requirements for new nonroad SI engines in 40 CFR part 90
must certify their stationary SI ICE using the certification procedures
required in 40 CFR part 90, subpart B, and must test their engines as
specified in that part.
[[Page 33833]]
Sec. 60.4241 What are my compliance requirements if I am a
manufacturer of stationary SI internal combustion engines participating
in the voluntary certification program?
(a) Manufacturers of stationary SI internal combustion engines with
a maximum engine power greater than 19 KW (25 HP) that do not use
gasoline and are not rich burn engines that use LPG can choose to
certify their engines to the emission standards in Sec. 60.4231(d)
under the voluntary certification program described in this subpart.
Manufacturers who certify their engines under the voluntary
certification program must meet the requirements as specified in
paragraphs (b) through (g) of this section.
(b) Manufacturers must certify their stationary SI ICE using the
certification procedures required in 40 CFR part 1048, subpart C, and
must follow the same test procedures that apply to large SI nonroad
engines under 40 CFR part 1048, but must use the D-2 cycle of
International Organization of Standardization 8178-4 specified in Table
3 to 40 CFR 1048.505.
(c) Certification of stationary SI ICE to the emission standards
specified in Sec. 60.4231(d) is voluntary. However, once the
manufacturer produces stationary SI ICE certified to the emission
standards specified in Sec. 60.4231(d) for a given model year, the
requirements on the manufacturer for such stationary SI ICE are not
voluntary.
(d) Manufacturers of natural gas fired stationary SI ICE who
conduct voluntary certification of stationary SI ICE to the emission
standards specified in Sec. 60.4231(d) must certify their engines for
operation using fuel that meets the definition of pipeline-quality
natural gas. The fuel used for certifying stationary SI natural gas
engines must meet the definition of pipeline-quality natural gas as
described in Sec. 60.4246. In addition, the manufacturer must provide
information to the owner and operator of the certified stationary SI
engine including the specifications of the pipeline-quality natural gas
to which the engine is certified and what adjustments the owner or
operator must make to the engine when installed in the field to ensure
compliance with the emission standards.
(e) Manufacturers of stationary SI ICE that are lean burn engines
fueled by LPG who conduct voluntary certification of stationary SI ICE
to the emission standards specified in Sec. 60.4231(d) must certify
their engines for operation using fuel that meets the specifications in
40 CFR 1065.720.
(f) Manufacturers may certify their engines for operation using
gaseous fuels in addition to pipeline-quality natural gas; however, the
manufacturer must specify the properties of that fuel and provide
testing information showing that the engine will meet the emission
standards specified in Sec. 60.4231(d) when operating on that fuel.
The manufacturer must also provide instructions for configuring the
stationary engine to meet the emission standards on fuels that do not
meet the pipeline-quality natural gas definition. The manufacturer must
also provide information to the owner and operator of the certified
stationary SI engine regarding the configuration that is most conducive
to reduced emissions where the engine will be operated on particular
fuels to which the engine is not certified.
(g) A stationary SI engine manufacturer may certify an engine
family solely to the standards applicable to landfill/digester gas
engines as specified in Sec. 60.4231(d), but must certify their
engines for operation using landfill/digester gas and must add a
permanent label stating that the engine is for use only in landfill/
digester gas applications. The label must be added according to the
labeling requirements specified in 40 CFR 1048.135(b).
Sec. 60.4242 What other requirements must I meet if I am a
manufacturer of stationary SI internal combustion engines?
(a) Stationary SI internal combustion engine manufacturers must
meet the provisions of 40 CFR part 90 or 40 CFR part 1048, as
applicable, as well as 40 CFR part 1068 for engines that are certified
to the emission standards in 40 CFR part 1048, except that engines
certified pursuant to the voluntary certification procedures in Sec.
60.4241 are permitted to provide instructions to owners and operators
allowing for deviations from certified configurations, if such
deviations are consistent with the provisions of paragraphs Sec.
60.4241(c) through (f). Labels on engines certified to 40 CFR part 1048
must refer to stationary engines, rather than or in addition to nonroad
engines, as appropriate.
(b) An engine manufacturer certifying an engine family or families
to standards under this subpart that are identical to standards
applicable under 40 CFR part 90 or 40 CFR part 1048 for that model year
may certify any such family that contains both nonroad and stationary
engines as a single engine family and/or may include any such family
containing stationary engines in the averaging, banking and trading
provisions applicable for such engines under those parts.
(c) Manufacturers of engine families certified to 40 CFR part 1048
may meet the labeling requirements referred to in paragraph (a) of this
section for stationary SI ICE by either adding a separate label
containing the information required in paragraph (a) of this section or
by adding the words ``and stationary'' after the word ``nonroad'' to
the label.
(d) For all engines manufactured on or after January 1, 2011, a
stationary SI engine manufacturer that certifies an engine family
solely to the standards applicable to emergency engines must add a
permanent label stating that the engines in that family are for
emergency use only. The label must be added according to the labeling
requirements specified in 40 CFR 1048.135(b).
Compliance Requirements for Owners and Operators
Sec. 60.4243 What are my compliance requirements if I am an owner or
operator of a stationary SI internal combustion engine?
(a) If you are an owner or operator, you must operate and maintain
the stationary SI internal combustion engine and control device
according to the manufacturer's written instructions or procedures
developed by the owner or operator that are approved by the engine
manufacturer. In addition, owners and operators of certified engines
may only change those settings that are allowed by the manufacturer to
ensure compliance with the applicable emission standards. If you own or
operate a stationary SI internal combustion engine that is certified to
40 CFR part 90 or 1048, you must also meet the requirements of 40 CFR
parts 90, 1048, and/or part 1068, as they apply to you.
(b) If you are an owner or operator of a stationary SI internal
combustion engine that is manufactured after July 1, 2007, for engines
with maximum engine power at or above 500 HP, or January 1, 2008, for
engines with maximum engine power below 500 HP, and must comply with
the emission standards specified in Sec. 60.4233(a) through (c), you
must comply by purchasing an engine certified to the emission standards
in Sec. 60.4231(a) through (c), as applicable, for the same engine
class and maximum engine power. The engine must be installed and
configured according to the manufacturer's specifications.
(c) If you are an owner or operator of a stationary SI internal
combustion engine and must comply with the emission standards specified
in Sec. 60.4233(d), you must demonstrate compliance according to one
of the
[[Page 33834]]
methods specified in paragraphs (c)(1) and (2) of this section.
(1) Purchasing an engine certified according to procedures
specified in this subpart, for the same model year. The engine must be
installed and configured according to the manufacturer's specifications
to ensure compliance with the applicable standards. Owners and
operators of engines that have been certified by the engine
manufacturer are not required to conduct any performance testing unless
the engine is operated outside of the fuel properties specified by the
manufacturer. If the owner or operator uses fuels outside of the fuel
specifications (other than propane used solely for emergency purposes
for up to 100 hours per year) or does not follow the adjustments
specified by the manufacturer, the engine is no longer considered a
certified engine and the owner or operator must test the engine to
demonstrate compliance, according to the procedures specified in Sec.
60.4244.
(2) Conducting an initial performance test to demonstrate
compliance with the emission standards specified in Table 1 to this
subpart and according to the requirements specified in Sec. 60.4244,
as applicable. If you are an owner or operator of a stationary SI
internal combustion engine that is greater than 500 HP, you must also
conduct subsequent performance tests every 3 years or 8,760 hours of
operation, whichever comes first.
(d) If you are an owner or operator of a stationary SI internal
combustion engine that must comply with the emission standards
specified in Sec. 60.4233(e), you must demonstrate compliance
according paragraph (c)(2) of this section.
(e) Emergency stationary ICE may be operated for the purpose of
maintenance checks and readiness testing, provided that the tests are
recommended by Federal, State or local government, the manufacturer,
the vendor, or the insurance company associated with the engine.
Maintenance checks and readiness testing of such units is limited to
100 hours per year. There is no time limit on the use of emergency
stationary ICE in emergency situations. The owner or operator may
petition the Administrator for approval of additional hours to be used
for maintenance checks and readiness testing, but a petition is not
required if the owner or operator maintains records indicating that
Federal, State, or local standards require maintenance and testing of
emergency ICE beyond 100 hours per year. For owners and operators of
emergency engines, any operation other than emergency operation and
maintenance and testing as permitted in this section, is prohibited.
(f) Owners and operators of stationary SI natural gas fired engines
may operate their engines using propane for a maximum of 100 hours per
year as an alternative fuel solely during emergency operations, but
must keep records of such use. If propane is used for more than 100
hours per year in an engine that is not certified to the emission
standards when using propane, the owners and operators are required to
conduct a performance test to demonstrate compliance with the emission
standards of Sec. 60.4233.
Testing Requirements for Owners and Operators
Sec. 60.4244 What test methods and other procedures must I use if I
am an owner or operator of a stationary SI internal combustion engine?
Owners and operators of stationary SI ICE who conduct performance
tests must follow the procedures in paragraphs (a) through (f) of this
section.
(a) Each performance test must be conducted according to the
requirements in Sec. 60.8 and under the specific conditions that are
specified by Table 2 to this subpart.
(b) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 60.8(c).
(c) You must conduct three separate test runs for each performance
test required in this section, as specified in Sec. 60.8(f). Each test
run must last at least 1 hour.
(d) To determine compliance with the NOX mass per unit
output emission limitation, convert the concentration of NOX
in the engine exhaust using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP12JN06.005
Where:
ER = Emission rate of NOX in g/HP-hr.
Cd = Measured NOX concentration in parts per
million (ppm).
1.912 x 10-3 = Conversion constant for ppm NOX
to grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meter per
hour.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, horsepower-hour (HP-hr).
(e) To determine compliance with the CO mass per unit output
emission limitation, convert the concentration of CO in the engine
exhaust using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP12JN06.006
Where:
ER = Emission rate of CO in g/HP-hr.
Cd = Measured CO concentration in ppm.
1.164 x 10-3 = Conversion constant for ppm CO to grams
per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per
hour.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.
(f) To determine compliance with the NMHC mass per unit output
emission limitation, convert the concentration of NMHC in the engine
exhaust using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP12JN06.007
[[Page 33835]]
Where:
ER = Emission rate of NMHC in g/HP-hr.
Cd = NMHC concentration measured as propane in ppm.
1.832 x 10-3 = Conversion constant for ppm NMHC measured
as propane, to grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per
hour.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.
Notification, Reports, and Records for Owners and Operators
Sec. 60.4245 What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary SI internal
combustion engine?
Owners or operators of stationary SI ICE must meet the following
notification, reporting and recordkeeping requirements.
(a) Owners and operators of all stationary SI ICE must keep records
of the information in paragraphs (a)(1) through (4) of this section.
(1) All notifications submitted to comply with this subpart and all
documentation supporting any notification.
(2) Maintenance conducted on the engine.
(3) If the stationary SI internal combustion engine is a certified
engine, documentation from the manufacturer that the engine is
certified to meet the emission standards and information as required in
40 CFR parts 90 and 1048.
(4) If the stationary SI internal combustion engine is not a
certified engine, documentation that the engine meets the emission
standards.
(b) The owner or operator of stationary SI emergency ICE must keep
records of the hours of operation of the engine that is recorded
through the non-resettable hour meter. The owner or operator must
document how many hours are spent for emergency operation, including
what classified the operation as emergency and how many hours are spent
for non-emergency operation.
(c) Owners and operators of stationary SI ICE greater than or equal
to 500 HP that have not been certified by an engine manufacturer to
meet the emission standards in Sec. 60.4231 must submit an initial
notification as required in Sec. 60.7(a)(1). The notification must
include the information in paragraphs (c)(1) through (5) of this
section.
(1) Name and address of the owner or operator;
(2) The address of the affected source;
(3) Engine information including make, model, engine family, serial
number, model year, maximum engine power, and engine displacement;
(4) Emission control equipment; and
(5) Fuel used.
(d) Owners and operators of stationary SI ICE that have not been
certified by an engine manufacturer to meet the emission standards in
Sec. 60.4231 must submit a copy of each performance test as conducted
in Sec. 60.4244 within 30 days after the test has been completed.
Definitions
Sec. 60.4246 What definitions apply to this subpart?
As used in this subpart, all terms not defined herein shall have
the meaning given them in the CAA and in subpart A of this part.
Certified stationary internal combustion engine means an engine
that belongs to an engine family that has a certificate of conformity
that complies with the emission standards and requirements in this
part, or of 40 CFR part 90 or 40 CFR part 1048, as appropriate.
Combustion turbine means all equipment, including but not limited
to the turbine, the fuel, air, lubrication and exhaust gas systems,
control systems (except emissions control equipment), and any ancillary
components and sub-components comprising any simple cycle combustion
turbine, any regenerative/recuperative cycle combustion turbine, the
combustion turbine portion of any cogeneration cycle combustion system,
or the combustion turbine portion of any combined cycle steam/electric
generating system.
Compression ignition means relating to a type of stationary
internal combustion engine that is not a spark ignition engine.
Diesel fuel means any liquid obtained from the distillation of
petroleum with a boiling point of approximately 150 to 360 degrees
Celsius. One commonly used form is number 2 distillate oil.
Digester gas means any gaseous by-product of wastewater treatment
typically formed through the anaerobic decomposition of organic waste
materials and composed principally of methane and CO2.
Emergency stationary internal combustion engine means any
stationary internal combustion engine whose operation is limited to
emergency situations and required testing and maintenance. Examples
include stationary ICE used to produce power for critical networks or
equipment (including power supplied to portions of a facility) when
electric power from the local utility (or the normal power source, if
the facility runs on its own power production) is interrupted, or
stationary ICE used to pump water in the case of fire or flood, etc.
Stationary SI ICE used for peak shaving are not considered emergency
stationary ICE.
Engine manufacturer means the manufacturer of the engine. See the
definition of ``manufacturer'' in this section.
Four-stroke engine means any type of engine which completes the
power cycle in two crankshaft revolutions, with intake and compression
strokes in the first revolution and power and exhaust strokes in the
second revolution.
Gasoline means any fuel sold in any State for use in motor vehicles
and motor vehicle engines, or nonroad or stationary engines, and
commonly or commercially known or sold as gasoline.
Landfill gas means a gaseous byproduct of the land application of
municipal refuse typically formed through the anaerobic decomposition
of waste materials and composed principally of methane and
CO2.
Lean burn engine means any two-stroke or four-stroke spark ignited
engine that does not meet the definition of a rich burn engine.
Liquefied petroleum gas means any liquefied hydrocarbon gas
obtained as a by-product in petroleum refining of natural gas
production.
Manufacturer has the meaning given in section 216(1) of the Clean
Air Act. In general, this term includes any person who manufactures a
stationary engine for sale in the United States or otherwise introduces
a new stationary engine into commerce in the United States. This
includes importers who import stationary engines for resale.
Maximum engine power means maximum engine power as defined in 40
CFR 1048.801.
Model year means either: The calendar year in which the engine was
originally produced, or the annual new model production period of the
engine manufacturer if it is different than the calendar year. This
must include January 1 of the calendar year for which the model year is
named. It may not begin before January 2 of the previous calendar year,
and it must end by December 31 of the named calendar year. For an
engine that is converted to a stationary engine after being placed into
service as a nonroad or other non-stationary engine, model year means
the calendar year or new model production period in which the engine
was originally produced.
Natural gas means a naturally occurring mixture of hydrocarbon and
non-hydrocarbon gases found in geologic formations beneath the Earth's
[[Page 33836]]
surface, of which the principal constituent is methane. Natural gas may
be field or pipeline quality.
Non-methane hydrocarbons means the difference between the emitted
mass of total hydrocarbons and the emitted mass of methane.
Other internal combustion engine means any internal combustion
engine, except combustion turbines, which is not a reciprocating
internal combustion engine or rotary internal combustion engine.
Pipeline-quality natural gas means a naturally occurring fluid
mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in
geological formations beneath the Earth's surface that maintains a
gaseous state at standard atmospheric temperature and pressure under
ordinary conditions, and which is provided by a supplier through a
pipeline. Pipeline-quality natural gas must either be composed of at
least 70 percent methane by volume or have a gross calorific value
between 950 and 1,100 British thermal units per standard cubic foot.
Reciprocating internal combustion engine means any internal
combustion engine which uses reciprocating motion to convert heat
energy into mechanical work.
Rich burn engine means any four-stroke spark ignited engine where
the manufacturer's recommended operating air/fuel ratio divided by the
stoichiometric air/fuel ratio at full load conditions is less than or
equal to 1.1. Engines originally manufactured as rich burn engines, but
modified prior to June 12, 2006 with passive emission control
technology for NOX (such as pre-combustion chambers) will be
considered lean burn engines. Also, existing engines where there are no
manufacturer's recommendations regarding air/fuel ratio will be
considered a rich burn engine if the excess oxygen content of the
exhaust at full load conditions is less than or equal to 2 percent.
Rotary internal combustion engine means any internal combustion
engine which uses rotary motion to convert heat energy into mechanical
work.
Spark ignition means relating to either: A gasoline-fueled engine;
or any other type of engine with a spark plug (or other sparking
device) and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation. Dual-fuel engines in which a liquid fuel (typically diesel
fuel) is used for compression ignition and gaseous fuel (typically
natural gas) is used as the primary fuel at an annual average ratio of
less than 2 parts diesel fuel to 100 parts total fuel on an energy
equivalent basis are spark ignition engines.
Stationary internal combustion engine means any internal combustion
engine, except combustion turbines, that converts heat energy into
mechanical work and is not mobile. Stationary ICE differ from mobile
ICE in that a stationary internal combustion engine is not a nonroad
engine as defined at 40 CFR 1068.30, and is not used to propel a motor
vehicle or a vehicle used solely for competition. Stationary ICE
include reciprocating ICE, rotary ICE, and other ICE, except combustion
turbines.
Stationary internal combustion engine test cell/stand means an
engine test cell/stand, as defined in subpart PPPPP of this part, that
test stationary ICE.
Stoichiometric means the theoretical air-to-fuel ratio required for
complete combustion.
Subpart means 40 CFOFR part 60, subpart JJJJ.
Total hydrocarbons means the combined mass of organic compounds
measured by the specified procedure for measuring total hydrocarbon,
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of
1.85:1.
Two-stroke engine means a type of engine which completes the power
cycle in single crankshaft revolution by combining the intake and
compression operations into one stroke and the power and exhaust
operations into a second stroke. This system requires auxiliary
scavenging and inherently runs lean of stoichiometric.
Useful life means the period during which the engine is designed to
properly function in terms of reliability and fuel consumption, without
being remanufactured, specified as a number of hours of operation or
calendar years, whichever comes first. The values for useful life for
stationary SI ICE with a maximum engine power less than or equal to 19
KW (25 HP) are given in 40 CFR 90.105. The values for useful life for
stationary SI ICE with a maximum engine power greater than 19 KW (25
HP) certified to 40 CFR part 1048 are given in 40 CFR 1048.101(g). The
useful life for stationary SI ICE with a maximum engine power greater
than 19 KW (25 HP) certified under the voluntary manufacturer
certification program of this subpart is 8,000 hours or 10 years,
whichever comes first.
Voluntary certification program means an optional engine
certification program that manufacturers of stationary SI internal
combustion engines with a maximum engine power greater than 19 KW (25
HP) that do not use gasoline and are not rich burn engines that use LPG
can choose to participate in to certify their engines to the emission
standards in Sec. 60.4231(d).
Tables to Subpart JJJJ of Part 60
Table 1 to Subpart JJJJ of Part 60.--NOX, NMHC, and CO Emission Standards in g/HP-hr for Stationary SI Engines
>25 HP
[Except gasoline and rich burn LPG engines]
----------------------------------------------------------------------------------------------------------------
Emission standards in g/HP-hr
Engine type and fuel Maximum engine power Manufacture --------------------------------
date a NOX CO NMHC
-------------------------------------------------------------------------------------------------------
Non-Emergency SI Natural Gas 25=500................ July 1, 2007... 2.0 4.0 1.0
and
Non-Emergency SI Lean Burn ....................... July 1, 2010... 1.0 2.0 0.7
LPG.
Landfill/Digester Gas....... HP<500................. January 1, 2008 3.0 5.0 1.0
January 1, 2011 2.0 5.0 1.0
HP >=500............... July 1, 2007... 3.0 5.0 1.0
July 1, 2010... 2.0 5.0 1.0
[[Page 33837]]
Emergency................... All Sizes.............. January 1, 2009 2.0 4.0 1.0
----------------------------------------------------------------------------------------------------------------
a Stationary SI natural gas and lean burn LPG engines between 25 and 50 HP may comply with the requirements of
40 CFR part 1048, instead of this table. Stationary SI internal combustion engine manufacturers may certify
their stationary SI ICE with a maximum engine power less than or equal to 30 KW (40 HP) with a total
displacement less than or equal to 1,000 cc to the certification emission standards and other requirements for
new nonroad SI engines in 40 CFR part 90.
Table 2 to Subpart JJJJ of Part 60.--Requirements for Performance Tests
As stated in Sec. 60.4244, you must comply with the following requirements for performance tests:
----------------------------------------------------------------------------------------------------------------
According to the
For each Complying with the You must Using following
requirement requirements
----------------------------------------------------------------------------------------------------------------
Stationary SI internal a. limit the i. Select the (1) Method 1 or 1A (a) If using a
combustion engine demonstrating concentration of sampling port of 40 CFR part control device,
compliance according to Sec. NOX in the location and the 60, Appendix A or the sampling site
60.4243(c)(2). stationary SI number of ASTM method D6522- must be located
internal traverse points; 00 (2005). at the outlet of
combustion engine the control
exhaust. device.
ii. If necessary, (2) Method 4 of 40 (b) Measurements
measure moisture CFR part 60, to determine
content of the appendix A. moisture must be
stationary made at the same
internal time as the
combustion engine measurement for
exhaust at the NOX
sampling port concentration.
location; and
iii. Measure NOX (3) Method 7E of (c) Results of
at the exhaust of 40 CFR part 60, this test consist
the stationary appendix A, or of the average of
internal Method D6522-00 the three 1-hour
combustion engine. (2005). or longer runs.
b. limit the i. Select the (1) Method 1 or 1A (a) If using a
concentration of sampling port of 40 CFR part control device,
CO in the location and the 60, Appendix A. the sampling site
stationary SI number of must be located
internal traverse points; at the outlet of
combustion engine the control
exhaust. device.
ii. If necessary, (2) Method 4 of 40 (b) Measurements
measure moisture CFR part 60, to determine
content of the appendix A. moisture must be
stationary made at the same
internal time as the
combustion engine measurement for
exhaust at the CO concentration.
sampling port
location; and
iii. Measure CO at (3) Method 10 of (c) Results of
the exhaust of 40 CFR part 60, this test consist
the stationary appendix A, or of the average of
internal ASTM Method D6522- the three 1-hour
combustion engine. 00 (2005). or longer runs.
c. limit the i. Select the (1) Method 1 or 1A (a) If using a
concentration of sampling port of 40 CFR part control device,
NMHC in the location and the 60, Appendix A. the sampling site
stationary SI number of must be located
internal traverse points; at the outlet of
combustion engine the control
exhaust. device.
ii. If necessary, (2) Method 4 of 40 (b) Measurements
measure moisture CFR part 60, to determine
content of the appendix A. moisture must be
stationary made at the same
internal time as the
combustion engine measurement for
exhaust at the NMHC
sampling port concentration.
location; and
.................. iii. Measure NMHC (3) Method 25 or (c) Results of
at the exhaust of Methods 25A and this test consist
the stationary 18 of part 40 CFR of the average of
internal part 60, appendix the three 1-hour
combustion engine. A. or longer runs.
----------------------------------------------------------------------------------------------------------------
PART 63--[AMENDED]
3. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--[Amended]
4. Section 63.14 is amended by revising paragraph (b)(27) to read
as follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(b) * * *
(27) ASTM D6522-00 (2005), Standard Test Method for Determination
of Nitrogen Oxides, Carbon Monoxide,
[[Page 33838]]
and Oxygen Concentrations in Emissions from Natural Gas Fired
Reciprocating Engines, Combustion Turbines, Boilers, and Process
Heaters Using Portable Analyzers, IBR approved for Sec. 63.9307(c)(2)
and Table 5 to subpart ZZZZ of part 63.
* * * * *
5. Section 63.6580 is revised to read as follows:
Sec. 63.6580 What is the purpose of subpart ZZZZ?
Subpart ZZZZ establishes national emission limitations and
operating limitations for hazardous air pollutants (HAP) emitted from
stationary reciprocating internal combustion engines (RICE) located at
major and area sources of HAP emissions. This subpart also establishes
requirements to demonstrate initial and continuous compliance with the
emission limitations and operating limitations.
6. Section 63.6585 is amended by revising the introductory text and
adding paragraphs (c) and (d) to read as follows:
Sec. 63.6585 Am I subject to this subpart?
You are subject to this subpart if you own or operate a stationary
RICE at a major or area source of HAP emissions, except if the
stationary RICE is being tested at a stationary RICE test cell/stand.
* * * * *
(c) An area source of HAP emissions is a source that is not a major
source.
(d) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR parts 70 or 71, provided you are not required to obtain a
permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason other than
your status as an area source under this subpart. Notwithstanding the
previous sentence, you must continue to comply with the provisions of
this subpart as applicable.
7. Section 63.6590 is amended by revising paragraphs (a), (b)(1)
introductory text, (b)(2), and (b)(3), to read as follows:
Sec. 63.6590 What parts of my plant does this subpart cover?
This subpart applies to each affected source.
(a) Affected source. An affected source is any existing, new, or
reconstructed stationary RICE located at a major or area source of HAP
emissions, excluding stationary RICE being tested at a stationary RICE
test cell/stand.
(1) Existing stationary RICE. (i) For stationary RICE with a site
rating of more than 500 brake horsepower (HP) located at a major source
of HAP emissions, a stationary RICE is existing if you commenced
construction or reconstruction of the stationary RICE before December
19, 2002.
(ii) For stationary RICE with a site rating of less than or equal
to 500 brake HP located at a major source of HAP emissions, a
stationary RICE is existing if you commenced construction or
reconstruction of the stationary RICE before June 12, 2006.
(iii) For stationary RICE located at an area source of HAP
emissions, a stationary RICE is existing if you commenced construction
or reconstruction of the stationary RICE before June 12, 2006.
(iv) A change in ownership of an existing stationary RICE does not
make that stationary RICE a new or reconstructed stationary RICE.
(2) New stationary RICE. (i) A stationary RICE with a site rating
of more than 500 brake HP located at a major source of HAP emissions is
new if you commenced construction of the stationary RICE on or after
December 19, 2002.
(ii) A stationary RICE with a site rating of equal to or less than
500 brake HP located at a major source of HAP emissions is new if you
commenced construction of the stationary RICE on or after June 12,
2006.
(iii) A stationary RICE located at an area source of HAP emissions
is new if you commenced construction of the stationary RICE on or after
June 12, 2006.
(3) Reconstructed stationary RICE. (i) A stationary RICE with a
site rating of more than 500 brake HP located at a major source of HAP
emissions is reconstructed if you meet the definition of reconstruction
in Sec. 63.2 and reconstruction is commenced on or after December 19,
2002.
(ii) A stationary RICE with a site rating of equal to or less than
500 brake HP located at a major source of HAP emissions is
reconstructed if you meet the definition of reconstruction in Sec.
63.2 and reconstruction is commenced on or after June 12, 2006.
(iii) A stationary RICE located at an area source of HAP emissions
is reconstructed if you meet the definition of reconstruction in Sec.
63.2 and reconstruction is commenced on or after June 12, 2006.
(b) * * *
(1) An affected source which meets either of the criteria in
paragraph (b)(1)(i) through (ii) of this section does not have to meet
the requirements of this subpart and of subpart A of this part except
for the initial notification requirements of Sec. 63.6645(h).
* * * * *
(2) A new or reconstructed stationary RICE which combusts landfill
or digester gas equivalent to 10 percent or more of the gross heat
input on an annual basis must meet the initial notification
requirements of Sec. 63.6645(h) and the requirements of Sec. Sec.
63.6625(c), 63.6650(g), and 63.6655(c). These stationary RICE do not
have to meet the emission limitations and operating limitations of this
subpart.
(3) A stationary RICE which is an existing spark ignition 2 stroke
lean burn (2SLB) stationary RICE, an existing spark ignition 4 stroke
lean burn (4SLB) stationary RICE, an existing 4 stroke rich burn (4SRB)
stationary RICE with a site rating of less than or equal to 500 brake
HP located at a major source of HAP emissions, an existing 4SRB
stationary RICE located at an area source of HAP emissions, an existing
compression ignition (CI) stationary RICE, an existing emergency
stationary RICE, an existing limited use stationary RICE, or an
existing stationary RICE that combusts landfill gas or digester gas
equivalent to 10 percent or more of the gross heat input on an annual
basis, does not have to meet the requirements of this subpart and of
subpart A of this part. No initial notification is necessary.
8. Section 63.6595 is amended by revising paragraphs (a) and (b)(2)
to read as follows:
Sec. 63.6595 When do I have to comply with this subpart?
(a) Affected Sources. (1) If you have an existing stationary RICE
with a site rating of more than 500 brake HP located at a major source
of HAP emissions, you must comply with the applicable emission
limitations and operating limitations no later than June 15, 2007.
(2) If you start up your new or reconstructed stationary RICE with
a site rating of more than 500 brake HP located at a major source of
HAP emissions before August 16, 2004, you must comply with the
applicable emission limitations and operating limitations in this
subpart no later than August 16, 2004.
(3) If you start up your new or reconstructed stationary RICE with
a site rating of more than 500 brake HP located at a major source of
HAP emissions after August 16, 2004, you must comply with the
applicable emission limitations and operating limitations in this
subpart upon startup of your affected source.
[[Page 33839]]
(4) If you start up your new or reconstructed stationary RICE with
a site rating of less than or equal to 500 brake HP located at a major
source of HAP emissions before [DATE OF PUBLICATION OF FINAL RULE IN
THE Federal Register], you must comply with the applicable emission
limitations and operating limitations in this subpart no later than
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
(5) If you start up your new or reconstructed stationary RICE with
a site rating of less than or equal to 500 brake HP located at a major
source of HAP emissions after [DATE OF PUBLICATION OF FINAL RULE IN THE
Federal Register], you must comply with the applicable emission
limitations and operating limitations in this subpart upon startup of
your affected source.
(6) If you start up your new or reconstructed stationary RICE
located at an area source of HAP emissions before [DATE OF PUBLICATION
OF FINAL RULE IN THE FEDERAL REGISTER], you must comply with the
applicable emission limitations and operating limitations in this
subpart no later than [DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
(7) If you start up your new or reconstructed stationary RICE
located at an area source of HAP emissions after [DATE OF PUBLICATION
OF FINAL RULE IN THE FEDERAL REGISTER], you must comply with the
applicable emission limitations and operating limitations in this
subpart upon startup of your affected source.
(b) * * *
(2) Any stationary RICE for which construction or reconstruction is
commenced before your area source becomes a major source of HAP must be
in compliance with the provisions of this subpart that are applicable
to RICE located at major sources within 3 years after your area source
becomes a major source of HAP.
* * * * *
9. Section 63.6600 is revised to read as follows:
Sec. 63.6600 What emission limitations and operating limitations must
I meet if I own or operate a stationary RICE with a site rating of more
than 500 brake HP located at a major source of HAP emissions?
(a) If you own or operate an existing, new, or reconstructed spark
ignition 4SRB stationary RICE with a site rating of more than 500 brake
HP located at a major source of HAP emissions, you must comply with the
emission limitations in Table 1a to this subpart and the operating
limitations in Table 1b to this subpart which apply to you.
(b) If you own or operate a new or reconstructed 2SLB or 4SLB
stationary RICE with a site rating of more than 500 brake HP located at
major source of HAP emissions or a new or reconstructed CI stationary
RICE with a site rating of more than 500 brake HP located at a major
source of HAP emissions, you must comply with the emission limitations
in Table 2a to this subpart and the operating limitations in Table 2b
to this subpart which apply to you.
(c) If you own or operate any of the following RICE with a site
rating of more than 500 brake HP located at a major source of HAP
emissions, you do not need to comply with the emission limitations in
Tables 1a and 2a to this subpart or operating limitations in Tables 1b
and 2b to this subpart: an existing 2SLB stationary RICE, an existing
4SLB stationary RICE, or an existing CI stationary RICE; a stationary
RICE that combusts landfill gas or digester gas equivalent to 10
percent or more of the gross heat input on an annual basis; an
emergency stationary RICE; or a limited use stationary RICE.
10. Section 63.6601 is added to read as follows:
Sec. 63.6601 What emission limitations must I meet if I own or
operate a stationary RICE with a site rating of equal to or less than
500 brake HP located at a major source of HAP emissions or a stationary
RICE located at an area source of HAP emissions?
(a) If you own or operate a new or reconstructed stationary RICE
with a site rating of equal to or less than 500 brake HP located at a
major source of HAP emissions or a new or reconstructed stationary RICE
located at an area source of HAP emissions, you must comply with the
emission limitations in Table 3 to this subpart which apply to you.
(b) If you own or operate an existing stationary RICE with a site
rating of equal to or less than 500 brake HP located at a major source
of HAP emissions or an existing stationary RICE located at an area
source, you do not need to comply with the emission limitations in
Table 3 to this subpart.
11. Section 63.6610 is amended by revising the section heading,
adding introductory text, and revising paragraphs (a) through (c) to
read as follows:
Sec. 63.6610 By what date must I conduct the initial performance
tests or other initial compliance demonstrations if I own or operate a
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions?
If you own or operate a stationary RICE with a site rating of more
than 500 brake HP located at a major source of HAP emissions you are
subject to the requirements of this section.
(a) You must conduct the initial performance test or other initial
compliance demonstrations in Table 5 to this subpart that apply to you
within 180 days after the compliance date that is specified for your
stationary RICE in Sec. 63.6595 and according to the provisions in
Sec. 63.7(a)(2).
(b) If you commenced construction or reconstruction between
December 19, 2002 and June 15, 2004 and own or operate stationary RICE
with a site rating of more than 500 brake HP located at a major source
of HAP emissions, you must demonstrate initial compliance with either
the proposed emission limitations or the promulgated emission
limitations no later than February 10, 2005 or no later than 180 days
after startup of the source, whichever is later, according to Sec.
63.7(a)(2)(ix).
(c) If you commenced construction or reconstruction between
December 19, 2002 and June 15, 2004 and own or operate stationary RICE
with a site rating of more than 500 brake HP located at a major source
of HAP emissions, and you chose to comply with the proposed emission
limitations when demonstrating initial compliance, you must conduct a
second performance test to demonstrate compliance with the promulgated
emission limitations by December 13, 2007 or after startup of the
source, whichever is later, according to Sec. 63.7(a)(2)(ix).
* * * * *
12. Section 63.6611 is added to read as follows:
Sec. 63.6611 By what date must I conduct the initial performance
tests or other initial compliance demonstrations if I own or operate a
stationary RICE with a site rating of less than or equal to 500 brake
HP located at a major source of HAP emissions or a stationary RICE
located at an area source of HAP emissions?
(a) If you own or operate a new or reconstructed 4SLB stationary
RICE with a site rating of greater than or equal to 250 and less than
or equal to 500 brake HP located at a major source of HAP emissions,
you must conduct an initial performance test within 240 days after the
compliance date that is specified for your stationary RICE in Sec.
63.6595 and according to the
[[Page 33840]]
provisions specified in Table 5 to this subpart, as appropriate.
(b) If you own or operate a new or reconstructed uncertified
stationary RICE with a site rating of less than or equal to 500 brake
HP located at a major source of HAP emissions or a new or reconstructed
uncertified stationary RICE located at an area source of HAP emissions
you must conduct an initial performance test within 240 days after the
compliance date that is specified for your stationary RICE in Sec.
63.6595 and according to the provisions specified in Table 5 to this
subpart, as appropriate.
(c) If you own or operate a new or reconstructed certified
stationary RICE with a site rating of less than or equal to 500 brake
HP located at a major source of HAP emissions or a certified stationary
RICE located at an area source of HAP emissions you are not required to
conduct an initial performance test.
13. Section 63.6615 is revised to read as follows:
Sec. 63.6615 When must I conduct subsequent performance tests?
If you must comply with the emission limitations and operating
limitations, you must conduct subsequent performance tests as specified
in Table 4 to this subpart.
14. Section 63.6620 is amended by revising paragraphs (a) and (b)
and adding paragraph (j) to read as follows:
Sec. 63.6620 What performance tests and other procedures must I use?
(a) You must conduct each performance test in Tables 4 and 5 to
this subpart that applies to you.
(b) Each performance test must be conducted according to the
requirements in Sec. 63.7(e)(1) and under the specific conditions that
this subpart specifies in Table 5. The test must be conducted at any
load condition within plus or minus 10 percent of 100 percent load.
* * * * *
(j) To determine compliance with the non-methane hydrocarbons
(NMHC) mass per unit output emission limitation, you must use Equation
5 of this section:
[GRAPHIC] [TIFF OMITTED] TP12JN06.008
Where:
ER = Emission rate of NMHC in g/HP-hr.
Cd = NMHC concentration measured as propane in ppm.
1.832 x 10-3 = Conversion constant for ppm NMHC measured
as propane, to grams per standard cubic meter at 25 degrees Celsius.
Q = Stack gas volumetric flow rate, in standard cubic meters per
hour.
T = Time of test run, in hours.
HP-hr = Brake work of the engine, in HP-hr.
15. Section 63.6625 is amended by revising the introductory text of
paragraph (a), revising paragraph (b), and adding paragraphs (d), (e),
and (f) to read as follows:
Sec. 63.6625 What are my monitoring, installation, operation, and
maintenance requirements?
(a) If you elect to install a continuous emissions monitoring
system (CEMS) as specified in Table 6 of this subpart, you must
install, operate, and maintain a CEMS to monitor CO and either oxygen
or CO2 at both the inlet and the outlet of the control
device according to the requirements in paragraphs (a)(1) through (4)
of this section.
* * * * *
(b) If you are required to install a continuous parameter
monitoring system (CPMS) as specified in Table 6 to this subpart, you
must install, operate, and maintain each CPMS according to the
requirements in Sec. 63.8.
* * * * *
(d) If you are operating a new or reconstructed emergency
stationary RICE with a site rating of equal to or less than 500 brake
HP located at a major source of HAP emissions or a new or reconstructed
stationary RICE located at an area source of HAP emissions, you must
install a non-resettable hour meter prior to the startup of the engine.
(e) If you are operating a new or reconstructed stationary RICE
with a site rating of equal to or less than 500 brake HP located at a
major source of HAP emissions or a new or reconstructed stationary RICE
located at an area source of HAP emissions, you must operate and
maintain the stationary RICE and control device according to the
manufacturer's written instructions or procedures developed by the
owner or operator that are approved by the engine manufacturer.
(f) If you are operating a new or reconstructed certified
stationary RICE with a site rating of equal to or less than 500 brake
HP located at a major source of HAP emissions (except new or
reconstructed 4SLB stationary RICE with a site rating of equal to or
greater than 250 brake HP and less than or equal to 500 brake HP
located at a major source of HAP emissions) or a new or reconstructed
certified stationary RICE located at an area source, you may only
change those settings that are allowed by the manufacturer.
16. Section 63.6630 is amended by revising paragraph (a) to read as
follows:
Sec. 63.6630 How do I demonstrate initial compliance with the
emission limitations and operating limitations?
(a) You must demonstrate initial compliance with each emission and
operating limitation that applies to you according to Table 6 to this
subpart.
* * * * *
17. Section 63.6640 is amended by revising paragraphs (a), (b), and
(e) and adding paragraph (f) to read as follows:
Sec. 63.6640 How do I demonstrate continuous compliance with the
emission limitations and operating limitations?
(a) You must demonstrate continuous compliance with each emission
limitation and operating limitation in Tables 1a and 1b, Tables 2a and
2b, and Table 3 to this subpart that apply to you according to methods
specified in Table 7 to this subpart.
(b) You must report each instance in which you did not meet each
emission limitation or operating limitation in Tables 1a and 1b, Tables
2a and 2b, and Table 3 to this subpart that apply to you. These
instances are deviations from the emission and operating limitations in
this subpart. These deviations must be reported according to the
requirements in Sec. 63.6650. If you change your catalyst, you must
reestablish the values of the operating parameters measured during the
initial performance test. When you reestablish the values of your
operating parameters, you must also conduct a performance test to
demonstrate that you are meeting the required emission limitation
applicable to your stationary RICE.
* * * * *
(e) You must also report each instance in which you did not meet
the requirements in Table 9 to this subpart that apply to you. If you
own or operate an existing 2SLB stationary RICE, an existing 4SLB
stationary RICE, an existing 4SRB stationary RICE with a site rating
equal to or less than 500 brake HP located at a major source of
[[Page 33841]]
HAP emissions, an existing 4SRB stationary RICE located at an area
source of HAP emissions, an existing CI stationary RICE, an existing
emergency stationary RICE, an existing limited use emergency stationary
RICE, or an existing stationary RICE which fires landfill gas or
digester gas equivalent to 10 percent or more of the gross heat input
on an annual basis, you do not need to comply with the requirements in
Table 9 to this subpart. If you own or operate a new or reconstructed
stationary RICE that combusts landfill gas or digester gas equivalent
to 10 percent or more of the gross heat input on an annual basis, a new
or reconstructed emergency stationary RICE, or a new or reconstructed
limited use stationary RICE, you do not need to comply with the
requirements in Table 9 to this subpart, except for the initial
notification requirements.
(f) If you own or operate a stationary emergency RICE with a site
rating of equal to or less than 500 brake HP located at a major source
of HAP emissions or a stationary emergency RICE located at an area
source of HAP emissions, you may operate your emergency stationary RICE
for the purpose of maintenance checks and readiness testing.
Maintenance checks and readiness testing of such units is limited to
100 hours per year. There is no time limit on the use of stationary
emergency RICE in emergency situations. The owner or operator may
petition the Administrator for approval of additional hours to be used
for maintenance checks and readiness testing, but a petition is not
required if the owner or operator maintains records that Federal,
State, or local standards require maintenance and testing or emergency
engines beyond 100 hours per year. For owners and operators or
emergency engines, any operation other than emergency operation and
maintenance and testing as permitted in this section, is prohibited.
18. Section 63.6645 is amended by:
a. Revising paragraphs (a), (b), and (c);
b. Redesignating paragraphs (d) through (f) as paragraphs (h)
through (j);
c. Adding paragraphs (d) through (g); and
d. Revising newly redesignated paragraphs (h) and (j) to read as
follows:
Sec. 63.6645 What notifications must I submit and when?
(a) If you own or operate a stationary RICE with a site rating of
more than 500 brake HP located at a major source of HAP emissions or a
new or reconstructed 4SLB stationary RICE with a site rating of greater
than or equal to 250 HP located at a major source of HAP emissions, you
must submit all of the notifications in Sec. Sec. 63.7(b) and (c),
63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g) and (h) that
apply to you by the dates specified.
(b) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE with a site rating of more than 500 brake HP located at
a major source of HAP emissions before the effective date of this
subpart, you must submit an Initial Notification not later than
December 13, 2004.
(c) If you start up your new or reconstructed stationary RICE with
a site rating of more than 500 brake HP located at a major source of
HAP emissions on or after August 16, 2004, you must submit an Initial
Notification not later than 120 days after you become subject to this
subpart.
(d) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE with a site rating of equal to or less than 500 brake
HP located at a major source of HAP emissions before the effective date
of this subpart and you are required to submit an initial notification,
you must submit an Initial Notification not later than [180 DAYS AFTER
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register].
(e) If you start up your new or reconstructed stationary RICE with
a site rating of equal to or less than 500 brake HP located at a major
source of HAP emissions on or after [60 DAYS AFTER DATE THE FINAL RULE
IS PUBLISHED IN THE Federal Register] and you are required to submit an
initial notification, you must submit an Initial Notification not later
than 120 days after you become subject to this subpart.
(f) As specified in Sec. 63.9(b)(2), if you start up your
stationary RICE located at an area source of HAP emissions before the
effective date of this subpart and you are required to submit an
initial notification, you must submit an Initial Notification not later
than [180 DAYS AFTER DATE THE FINAL RULE IS PUBLISHED IN THE Federal
Register].
(g) If you start up your new or reconstructed stationary RICE
located at an area source of HAP emissions on or after [60 DAYS AFTER
DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register] and you are
required to submit an initial notification, you must submit an Initial
Notification not later than 120 days after you become subject to this
subpart.
(h) If you are required to submit an Initial Notification but are
otherwise not affected by the requirements of this subpart, in
accordance withSec. 63.6590(b), your notification should include the
information in Sec. 63.9(b)(2)(i) through (v), and a statement that
your stationary RICE has no additional requirements and explain the
basis of the exclusion (for example, that it operates exclusively as an
emergency stationary RICE if it has a site rating of more than 500
brake HP located at a major source of HAP emissions).
* * * * *
(j) If you are required to conduct a performance test or other
initial compliance demonstration as specified in Tables 5 and 6 to this
subpart, you must submit a Notification of Compliance Status according
to Sec. 63.9(h)(2)(ii).
(1) For each initial compliance demonstration required in Table 6
to this subpart that does not include a performance test, you must
submit the Notification of Compliance Status before the close of
business on the 30th day following the completion of the initial
compliance demonstration.
(2) For each initial compliance demonstration required in Table 6
to this subpart that includes a performance test conducted according to
the requirements in Table 5 to this subpart, you must submit the
Notification of Compliance Status, including the performance test
results, before the close of business on the 60th day following the
completion of the performance test according to Sec. 63.10(d)(2).
19. Section 63.6650 is amended by:
a. Revising paragraph (a);
b. Revising paragraph (b) introductory text;
c. Revising paragraph (f); and
d. Revising paragraph (g) introductory text to read as follows:
Sec. 63.6650 What reports must I submit and when?
(a) You must submit each report in Table 8 to this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec. 63.10(a), you must submit each report
by the date in Table 8 to this subpart and according to the
requirements in paragraphs (b)(1) through (5) of this section.
* * * * *
(f) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 71 must report all deviations as
defined in this subpart in the semiannual monitoring report required by
40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected
source submits a Compliance report pursuant to Table 8 to this subpart
along with, or as part of, the semiannual monitoring report required by
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the
[[Page 33842]]
Compliance report includes all required information concerning
deviations from any emission or operating limitation in this subpart,
submission of the Compliance report shall be deemed to satisfy any
obligation to report the same deviations in the semiannual monitoring
report. However, submission of a Compliance report shall not otherwise
affect any obligation the affected source may have to report deviations
from permit requirements to the permit authority.
(g) If you are operating as a new or reconstructed stationary RICE
which fires landfill gas or digester gas equivalent to 10 percent or
more of the gross heat input on an annual basis, you must submit an
annual report according to Table 8 to this subpart by the date
specified unless the Administrator has approved a different schedule,
according to the information described in paragraphs (b)(1) through
(b)(5) of this section. You must report the data specified in (g)(1)
through (g)(3) of this section.
* * * * *
20. Section 63.6655 is amended by revising paragraph (d) and adding
paragraphs (e) and (f) to read as follows:
Sec. 63.6655 What records must I keep?
* * * * *
(d) You must keep the records required in Table 7 to this subpart
to show continuous compliance with each emission or operating
limitation that applies to you.
(e) If you own or operate a stationary emergency RICE with a site
rating of equal to or less than 500 brake HP located at a major source
of HAP emissions or a stationary emergency RICE located at an area
source of HAP emissions you must keep records of the operation of the
engine that is recorded through the non-resettable hour meter. You must
keep records of the operation in emergency and non-emergency that are
recorded through the non-resettable hour meter. You must record the
time of operation of the engine and the reason the engine was in
operation during that time.
(f) If you own or operate a stationary emergency RICE with a site
rating of equal to or less than 500 brake HP located at a major source
of HAP emissions or a stationary emergency RICE located at an area
source of HAP emissions, you must keep records documenting proper
engine maintenance.
21. Section 63.6665 is revised to read as follows:
Sec. 63.6665 What parts of the General Provisions apply to me?
Table 9 to this subpart shows which parts of the General Provisions
in Sec. Sec. 63.1 through 63.15 apply to you. If you own or operate an
existing 2SLB RICE, an existing 4SLB stationary RICE, an existing 4SRB
RICE with a site rating of equal to or less than 500 brake HP located
at a major source of HAP emissions, an existing 4SRB RICE located at an
area source of HAP emissions, an existing CI stationary RICE, an
existing stationary RICE that combusts landfill gas or digester gas
equivalent to 10 percent or more of the gross heat input on an annual
basis, an existing emergency stationary RICE, or an existing limited
use stationary RICE, you do not need to comply with any of the
requirements of the General Provisions. If you own or operate a new
stationary RICE that combusts landfill gas or digester gas equivalent
to 10 percent or more of the gross heat input on an annual basis, a new
emergency stationary RICE, or a new limited use stationary RICE, you do
not need to comply with the requirements in the General Provisions
except for the initial notification requirements.
22. Section 63.6675 is amended by:
a. Adding definitions of ``Certified stationary RICE,''
``Compression Ignition,'' ``Gasoline,'' ``Maximum engine power,''
``Model year,'' ``Non-methane hydrocarbons,'' ``Spark ignition,''
``Total hydrocarbons,'' and ``Useful life'' in alphabetical order;
b. Removing the definitions for ``Compression ignition engine'' and
``Spark ignition engine;'' and
c. Revising the definitions of ``Emergency stationary RICE'' and
``Natural gas;'' to read as follows:
Sec. 63.6675 What definitions apply to this subpart?
* * * * *
Certified stationary RICE means an engine that belongs to an engine
family that has a certificate of conformity that complies with the
emission standards and requirements in this part, or of 40 CFR part 90
or 40 CFR part 1048, as appropriate.
Compression ignition means relating to a type of stationary
internal combustion engine that is not a spark ignition engine.
* * * * *
Emergency stationary RICE means any stationary RICE whose operation
is limited to emergency situations and required testing and
maintenance. Examples include stationary RICE used to produce power for
critical networks or equipment (including power supplied to portions of
a facility) when electric power from the local utility (or the normal
power source, if the facility runs on its own power production) is
interrupted, or stationary RICE used to pump water in the case of fire
or flood, etc. Stationary RICE used for peak shaving are not considered
emergency stationary RICE.
* * * * *
Gasoline means any fuel sold in any State for use in motor vehicles
and motor vehicle engines, or nonroad or stationary engines, and
commonly or commercially known or sold as gasoline.
* * * * *
Maximum engine power means maximum engine power as defined in 40
CFR 1039.801.
Model Year means either: the calendar year in which the engine was
originally produced, or the annual new model production period of the
engine manufacturer if it is different than the calendar year. This
must include January 1 of the calendar year for which the model year is
named. It may not begin before January 2 of the previous calendar year,
and it must end by December 31 of the named calendar year. For an
engine that is converted to a stationary engine after being placed into
service as a nonroad or other non-stationary engine, model year means
the calendar year or new model production period in which the engine
was originally produced.
Natural gas means a naturally occurring mixture of hydrocarbon and
non-hydrocarbon gases found in geologic formations beneath the Earth's
surface, of which the principal constituent is methane. Natural gas may
be field or pipeline quality.
Non-methane hydrocarbons means the difference between the emitted
mass of total hydrocarbons and the emitted mass of methane.
* * * * *
Spark ignition means relating to either: a gasoline-fueled engine;
or any other type of engine a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Dual-fuel engines in which a liquid fuel (typically diesel fuel) is
used for CI and gaseous fuel (typically natural gas) is used as the
primary fuel at an annual average ratio of less than 2 parts diesel
fuel to 100 parts total fuel on an energy equivalent basis are spark
ignition engines.
* * * * *
[[Page 33843]]
Total hydrocarbons means the combined mass of organic compounds
measured by the specified procedure for measuring total hydrocarbon,
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of
1.85:1.
* * * * *
Useful life means the period during which the engine is designed to
properly function in terms of reliability and fuel consumption, without
being remanufactured, specified as a number of hours of operation or
calendar years, whichever comes first. The values for useful life for
stationary CI ICE with a displacement of less than 10 liters per
cylinder are given in 40 CFR 1039.101(g). The values for useful life
for stationary CI ICE with a displacement of greater than or equal to
10 liters per cylinder and less than 30 liters per cylinder are given
in 40 CFR 94.9(a). The values for useful life for stationary SI ICE
with a maximum engine power less than or equal to 25 HP are given in 40
CFR 90.105. The values for useful life for stationary SI ICE with a
maximum engine power greater than 25 HP certified to 40 CFR part 1048
are given in 40 CFR 1048.101(g). The useful life for stationary SI ICE
with a maximum engine power greater than 25 HP certified under the
voluntary manufacturer certification program 40 CFR part 60 subpart
JJJJ is 8,000 hours or 10 years, whichever comes first.
23. Table 1a to Subpart ZZZZ of Part 63 is revised to read as
follows:
Table 1a to Subpart ZZZZ of Part 63.--Emission Limitations for Existing,
New, and Reconstructed Spark Ignition, 4SRB Stationary RICE >500 HP
Located at a Major Source of HAP Emissions
[As stated in Sec. 63.6600, you must comply with the following
emission limitations for existing, new and reconstructed 4SRB stationary
RICE >500 HP located at a major source of HAP emissions at 100 percent
load plus or minus 10 percent:]
------------------------------------------------------------------------
You must meet the following
For each . . . emission limitations . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE................ a. reduce formaldehyde
emissions by 76 percent or
more. If you commenced
constructed or reconstruction
between December 19, 2002, and
June 15, 2004, you may reduce
formaldehyde emissions by 75
percent or more until June 15,
2007;
or
b. limit the concentration of
formaldehyde in the stationary
RICE exhaust 350 ppbvd or less
at 15 percent O2.
------------------------------------------------------------------------
24. Table 1b to Subpart ZZZZ of Part 63 is revised to read as
follows:
Table 1b to Subpart ZZZZ of Part 63.--Operating Limitations for
Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE
>500 HP Located at a Major Source of HAP Emissions
[As stated in Sec. Sec. 63.6600, 63.6630 and 63.6640, you must comply
with the following operating emission limitations for existing, new and
reconstructed 4SRB stationary RICE >500 HP located at a major source of
HAP emissions:]
------------------------------------------------------------------------
You must meet the following
For each . . . operating limitation . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE complying with a. maintain your catalyst so
the requirement to reduce formaldehyde that the pressure drop across
emissions by 76 percent or more (or by the catalyst does not change
75 percent or more, if applicable) and by more than 2 inches of water
using NSCR; at 100 percent load plus or
minus 10 percent from the
pressure drop across the
catalyst measured during the
initial performance test; and
or
4SRB stationary RICE complying with the b. maintain the temperature of
requirement to limit the concentration your stationary RICE exhaust
of formaldehyde in the stationary RICE so that the catalyst inlet
exhaust to 350 ppbvd or less at 15 temperature is greater than or
percent O2 and using NSCR. equal to 750 [deg]F and less
than or equal to 1250 [deg]F.
2. 4SRB stationary RICE complying with comply with any operating
the requirement to reduce formaldehyde limitations approved by the
emissions by 76 percent or more (or by Administrator.
75 percent or more, if applicable) and
not using NSCR;
or
4SRB stationary RICE complying with the
requirement to limit the concentration
of formaldehyde in the stationary RICE
exhaust to 350 ppbvd or less at 15
percent O2 and not using NSCR.
------------------------------------------------------------------------
25. Table 2a to Subpart ZZZZ of Part 63 is revised to read as
follows:
[[Page 33844]]
Table 2a to Subpart ZZZZ of Part 63.--Emission Limitations for New and
Reconstructed Lean Burn and Compression Ignition Stationary RICE >500 HP
Located at a Major Source of HAP Emissions
[As stated in Sec. 63.6600, you must comply with the following
emission limitations for new and reconstructed lean burn and new and
reconstructed compression ignition stationary RICE >500 HP located at a
major source of HAP emissions at 100 percent load plus or minus 10
percent:]
------------------------------------------------------------------------
You must meet the following
For each . . . emission limitation . . .
------------------------------------------------------------------------
1. 2SLB stationary RICE................ a. reduce CO emissions by 58
percent or more;
or
b. limit concentration of
formaldehyde in the stationary
RICE exhaust to 12 ppmvd or
less at 15 percent O2. If you
commenced construction or
reconstruction between
December 19, 2002, and June
15, 2004, you may limit
concentration of formaldehyde
to 17 ppmvd or less at 15
percent O2 until June 15,
2007.
2. 4SLB stationary RICE................ a. reduce CO emissions by 93
percent or more;
or
b. limit concentration of
formaldehyde in the stationary
RICE exhaust to 14 ppmvd or
less at 15 percent O2.
3. CI stationary RICE.................. a. reduce CO emissions by 70
percent or more;
or
b. limit concentration of
formaldehyde in the stationary
RICE exhaust to 580 ppbvd or
less at 15 percent O2.
------------------------------------------------------------------------
26. Table 2b to Subpart ZZZZ of Part 63 is revised to read as
follows:
Table 2b to Subpart ZZZZ of Part 63.--Operating Limitations for New and
Reconstructed Lean Burn and Compression Ignition Stationary RICE >500 HP
Located at a Major Source of HAP Emissions
[As stated in Sec. Sec. 63.6600, 63.6630, and 63.6640, you must
comply with the following operating limitations for new and
reconstructed lean burn and new and reconstructed compression ignition
stationary RICE >500 HP located at a major source of HAP emissions:
------------------------------------------------------------------------
You must meet the following
For each . . . operating limitation . . .
------------------------------------------------------------------------
1. 2SLB and 4SLB stationary RICE and CI a. maintain your catalyst so
stationary RICE complying with the that the pressure drop across
requirement to reduce CO emissions and the catalyst does not change
using an oxidation catalyst; or 2SLB by more than 2 inches of water
and 4SLB stationary RICE and CI at 100 percent load plus or
stationary RICE complying with the minus 10 percent from the
requirement to limit the concentration pressure drop across the
of formaldehyde in the stationary RICE catalyst that was measured
exhaust and using an oxidation during the initial performance
catalyst. test; and
b. maintain the temperature of
your stationary RICE exhaust
so that the catalyst inlet
temperature is greater than or
equal to 450 [deg]F and less
than or equal to 1350 [deg]F.
2. 2SLB and 4SLB stationary RICE and CI comply with any operating
stationary RICE complying with the limitations approved by the
requirement to reduce CO emissions and Administrator.
not using an oxidation catalyst; or
2SLB and 4SLB stationary RICE and CI
stationary RICE complying with the
requirement to limit the concentration
of formaldehyde in the stationary RICE
exhaust and not using an oxidation
catalyst.
------------------------------------------------------------------------
27. Tables 3 through 8 to Subpart ZZZZ of Part 63 are amended by:
a. Redesignating Tables 3 through 8 as Tables 4 through 9;
b. Adding Table 3; and
c. Revising the newly redesignated Tables 4 through 9 to read as
follows:
Table 3 to Subpart ZZZZ of Part 63.--Emission Limitations for New and Reconstructed Stationary RICE <=500 HP
Located at a Major Source of HAP Emissions or New or Reconstructed Stationary RICE Located at an Area Source of
HAP Emissions
----------------------------------------------------------------------------------------------------------------
You must meet the
For each. . . With a Maximum Engine And with a Manufacture Date following emission
Power. . . of a. . . limitation. . .
----------------------------------------------------------------------------------------------------------------
1. New or reconstructed SI <=25 HP............... January 1, 2008.............. Comply with the NMHC
stationary RICE. emission standards
for new SI engines
as specified in 40
CFR part 60 subpart
JJJJ Sec.
60.4233(a).
2. New or reconstructed SI 25=500.............. July 1, 2007................. emission standards
rich burn engines using LPG. for new SI engines
as specified in 40
CFR part 60 subpart
JJJJ Sec.
60.4233(b) or (c),
as applicable.
3. New or reconstructed non-
emergency SI natural gas
stationary RICE, except engines
addressed in row 5 of this table.
[[Page 33845]]
and 25=500............... July 1, 2007................. Limit the
emergency SI natural gas concentration of
Stationary RICE. NMHC in the
stationary RICE
exhaust to 1.0 g/HP-
hr.
and
New or reconstructed non-emergency ...................... July 1, 2010................. Limit the
SI lean burn LPG stationary RICE. concentration of
NMHC in the
stationary RICE
exhaust to 0.7 g/HP-
hr.
5. New or reconstructed non- 250 <=HP <=500........ See applicability dates in a. reduce CO
emergency 4SLB stationary RICE Sec. 63.6595. emissions by 93
located at a major source of HAP percent or more;
emissions (except landfill and or
digester gas)). b. limit the
concentration of
formaldehyde in the
stationary RICE
exhaust to 14 ppmvd
or less at 15
percent O2.
6. New or reconstructed 2007 model Any................... 2007+ model year............. Comply with the PM
year and later CI stationary RICE. and NMHC emission
standards for new CI
engines as specified
in 40 CFR part 60
subpart IIII Sec.
Sec. 60.4204 and
60.4205, as
applicable.
7. New or reconstructed landfill/ HP<500................ January 1, 2008.............. Limit the
digester gas stationary RICE. concentration of
NMHC in the
stationary RICE
exhaust to 1.0 g/HP-
hr.
HP >=500.............. July 1, 2007................. Limit the
concentration of
NMHC in the
stationary RICE
exhaust to 1.0 g/HP-
hr.
8. New or reconstructed emergency Any................... January 1, 2009.............. Limit the
SI stationary RICE. concentration of
NMHC in the
stationary RICE
exhaust to 1.0 g/HP-
hr.
----------------------------------------------------------------------------------------------------------------
a Stationary SI natural gas and lean burn LPG engines between 25 and 50 HP may comply with the requirements of
row 2 of this table, instead of row 3 of this table, as applicable.
Table 4 to Subpart ZZZZ of Part 63.--Subsequent Performance Tests
As stated in Sec. Sec. 63.6615 and 63.6620, you must comply with the
following subsequent performance test requirements:
------------------------------------------------------------------------
Complying with the
For each . . . requirement to . . . You must . . .
------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI Reduce CO emissions Conduct subsequent
stationary RICE. and not using a performance tests
CEMS. semiannually.\a\
2. 4SRB stationary RICE with Reduce formaldehyde Conduct subsequent
a brake HP >=5,000 HP. emissions. performance tests
semiannually.\a\
3. Stationary RICE (all Limit the Conduct subsequent
stationary RICE concentration of performance tests
subcategories and all brake formaldehyde in the semiannually.\a\
HP ratings. stationary RICE
exhaust.
4. New and reconstructed non- Limit the Conduct subsequent
emergency stationary RICE concentration of performance tests
with a brake HP >500 HP NMHC in the every 3 years or
located at an area source stationary RICE 8,760 hours of
of HAP emissions. exhaust. operation,
whichever comes
first.\b\
------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests,
you may reduce the frequency of subsequent performance tests to
annually. If the results of any subsequent annual performance test
indicate the stationary RICE is not in compliance with the CO or
formaldehyde emission limitation, or you deviate from any of your
operating limitations, you must resume semiannual performance tests.
\b\ New and reconstructed uncertified stationary RICE with a brake HP
<=500 are not required to conduct subsequent performance testing
unless the stationary RICE is rebuilt or undergoes major repair or
maintenance. Certified engines are not required to conduct any
performance testing.
Table 5 to Subpart ZZZZ of Part 63.--Requirements for Performance Tests
[As stated in Sec. Sec. 63.6610, 63.6611, 63.6620, and 63.6640, you must comply with the following
requirements for performance tests for stationary RICE:]
----------------------------------------------------------------------------------------------------------------
Complying with According to the
For each . . . the requirement You must . . . Using . . . following to
. . . requirements . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI a. reduce CO i. measure the (1) portable CO and (a) using ASTM D6522-
stationary RICE. emissions. O2 at the inlet O2 analyzer. 00 (2005) \a\
and outlet of (incorporated by
the control reference see Sec.
device; and 63.14). Measurements
to determine O2 must
be made at the same
time as the
measurements for CO
concentration.
ii. measure the (1) portable CO (a) using ASTM D6522-
CO at the inlet and O2 analyzer. 00 (2005) \a\
and the outlet (incorporation by
of the control reference, see Sec.
device. 63.14). The CO
concentration must
be at 15 percent O2,
dry basis.
[[Page 33846]]
2. 4SRB stationary RICE....... a. reduce i. select the (1) Method 1 or 1A of (a) sampling sites
formaldehyde sampling port 40 CFR part 60, must be located at
emissions. location and appendix A Sec. the inlet and outlet
the number of 63.7(d)(1)(i). of the control
traverse device.
points; and.
................ ii. measure O2 (1) Method 3 or 3A or (a) measurements to
at the inlet of 3B of 40 CFR part determine O2
the control 60, appendix A, or concentration must
device; and ASTM Method D6522- be made at the same
00(2005). time as the
measurements for
formaldehyde
concentration.
................ iii. measure (1) Method 4 of 40 (a) measurements to
moisture CFR part 60, determine moisture
content at the appendix A, or Test content must be made
inlet and Method 320 of 40 CFR at the same time and
outlet of the part 63, appendix A location as the
control device; or ASTM D 6348-03. measurements for
and formaldehyde
concentration.
................ iv. measure (1) Method 320 or 323 (a) formaldehyde
formaldehyde at of 40 CFR part 63, concentration must
the inlet and appendix A; or ASTM at 15 percent O2,
the outlet of D6348-03, \b\ dry basis. Results
the control provided in ASTM of this test consist
device. D6348-03 Annex A5 of the average of
(Analyte Spiking the three 1-hour or
Technique), the longer runs.
percent R must be
greater than or
equal to 70 and less
than or equal to 130.
3. stationary RICE............ a. limit the i. select the (1) Method 1 or 1A of (a) if using a
concentration sampling port 40 CFR part 60, control device, the
of formaldehyde location and appendix A Sec. sampling site must
in the the number of 63.7(d)(1)(i). be located at the
stationary RICE traverse outlet of the
exhaust. points; and control device.
................ ii. determine (1) Method 3 or 3A or (a) measurements to
the O2 3B of 40 CFR part determine O2
concentration 60, appendix A, or concentration must
of the ASTM Method D6522-00 be made at the same
stationary RICE (2005). time and location as
exhaust at the measurements for
sampling port formaldehyde
location; and concentration.
................ iii. measure (1) Method 4 of 40 (a) measurements to
moisture CFR part 60, determine moisture
content of the appendix A, or Test content must be made
stationary RICE Method 320 of 40 CFR at the same time and
exhaust at the part 63, appendix A, location as the
sampling port or ASTM D 6348-03. measurements for
location; and formaldehyde
concentration.
................ iv. measure (1) Method 320 or 323 (a) Formaldehyde
formaldehyde at of 40 CFR part 63, concentration must
the exhaust of appendix A; or ASTM be at 15 percent O2,
the stationary D6348-03 \b\ dry basis. Results
RICE. provided in ASTM of this test consist
D6348-03 Annex A5 of the average of
(Analyte Spiking the three 1-hour or
Technique), the longer runs.
percent R must be
greater than or
equal to 70 and less
than or equal to 130.
4. New or reconstructed limit the i. select the (1) Method 1 or 1A of (a) if using a
uncertified stationary RICE, concentration sampling port 40 CFR part 60, control device, the
except stationary RICE with a of NMHC in the location and appendix A. sampling site must
brake HP >500 located at a stationary RICE the number of be located the
major source of HAP emissions exhaust. traverse outlet of the
and new and reconstructed points; control device.
4SLB stationary RICE
250<=HP<=500 located at a
major source of HAP emissions.
[[Page 33847]]
................ ii. If, (2) Method 4 of 40 (b) measurements to
necessary, CFR part 60, determine moisture
measure appendix A. must be made at the
moisture same time as the
content of the measurement for NMHC
stationary concentration.
internal
combustion
engine exhaust
at the sampling
port location;
and
................ iii. measure (3) Method 25 or (c) Results of this
NMHC at the Methods 25A and 18 test consist of the
exhaust of the of 40 CFR part 60, average of the three
stationary appendix A. 1-hour or longer
internal runs.
combustion
engine.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
Harbor Drive, West Conshohocken, PA 19428--2959, or University Microfilms International, 300 North Zeeb Road,
Ann Arbor, MI 48106.
\b\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
International, 300 North Zeeb Road, Ann Arbor, MI 48106.
Table 6 to Subpart ZZZZ of Part 63.--Initial Compliance with Emission
Limitations and Operating Limitations
[As stated in Sec. Sec. 63.6625 and 63.6630 you must initially comply
with the emission and operating limitations as required by the
following:]
------------------------------------------------------------------------
You have
For each. . . Complying with the demonstrated initial
requirement to. . . compliance if. . .
------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI a. reduce CO i. the average
stationary RICE. emissions and using reduction of
oxidation catalyst, emissions of CO
and using a CPMS. determined from the
initial performance
test achieves the
required CO percent
reduction; and
ii. you have
installed a CPMS to
continuously
monitor catalyst
inlet temperature
according to the
requirements in
Sec. 63.6625(b);
and
iii. you have
recorded the
catalyst pressure
drop and catalyst
inlet temperature
during the initial
performance test.
2. 2SLB, 4SLB, and CI a. reduce CO i. the average
stationary RICE. emissions and not reduction of
using oxidation emissions of CO
catalyst. determined from the
initial performance
test achieves the
required CO percent
reduction; and
ii. you have
installed a CPMS to
continuously
monitor operating
parameters approved
by the
Administrator (if
any) according to
the requirements in
Sec. 63.6625(b);
and
iii. you have
recorded the
approved operating
parameters (if any)
during the initial
performance test.
3. 2SLB, 4SLB, and CI a. reduce CO i. you have
stationary Rice. emissions, and installed a CEMS to
using a CEMS. continuously
monitor CO and
either O2 or CO2 at
both the inlet and
outlet of the
oxidation catalyst
according to the
requirements in
Sec. 63.6625(a);
and
ii. you have
conducted a
performance
evaluation of your
CEMS using PS 3 and
4A of 40 CFR part
60, appendix B; and
iii. the average
reduction of CO
calculated using
Sec. 63.6620
equals or exceeds
the required
percent reduction.
The initial test
comprises the first
4-hour period after
successful
validation of the
CEMS. Compliance is
based on the
average percent
reduction achieved
during the 4-hour
period.
[[Page 33848]]
4. 4SRB stationary RICE..... a. reduce i. the average
formaldehyde reduction of
emissions and using emissions of
NSCR. formaldehyde
determined from the
initial performance
test is equal to or
greater than the
required
formaldehyde
percent reduction;
and
ii. you have
installed a CPMS to
continuously
monitor catalyst
inlet temperature
according to the
requirements in
Sec. 63.6625(b);
and
iii. you have
recorded the
catalyst pressure
drop and catalyst
inlet temperature
during the initial
performance test.
5. 4SRB stationary RICE..... a. reduce i. the average
formaldehyde reduction of
emissions and not emissions of
using NSCR. formaldehyde
determined from the
initial performance
test is equal to or
greater than the
required
formaldehyde
percent reduction;
and
ii. you have
installed a CPMS to
continuously
monitor operating
parameters approved
by the
Administrator (if
any) according to
the requirements in
Sec. 63.6625(b);
and
iii. you have
recorded the
approved operating
parameters (if any)
during the initial
performance test.
6. Stationary RICE.......... a. limit the i. the average
concentration of formaldehyde
formaldehyde in the concentration
stationary RICE corrected to 15
exhaust and using percent O2, dry
oxidation catalyst basis, from the
or NSCR. three test runs is
less than or equal
to the formaldehyde
emission
limitation; and
ii. you have
installed a CPMS to
continuously
monitor catalyst
inlet temperature
according to the
requirements in
Sec. 63.6625(b);
and
iii. you have
recorded the
catalyst pressure
drop and catalyst
inlet temperature
during the initial
performance test.
7. Stationary RICE.......... a. limit the i. the average
concentration of formaldehyde
formaldehyde in the concentration,
stationary RICE corrected to 15
exhaust and not percent O2, dry
using oxidation basis, from the
catalyst or NSCR. three test runs is
less than or equal
to the formaldehyde
emission
limitation; and
ii. you have
installed a CPMS to
continuously
monitor operating
parameters approved
by the
Administrator (if
any) according to
the requirements in
Sec. 63.6625(b);
and
iii. you have
recorded the
approved operating
parameters (if any)
during the initial
performance test.
8. New and reconstructed SI meet emission you have purchased
stationary RICE with a standards in Sec. an engine certified
maximum engine power <=25 63.6605. to the emission
HP. standards specified
in 40 CFR part 60,
subpart JJJJ Sec.
60.4233(a).
9. New and reconstructed SI meet emission you have purchased
stationary RICE with a standards in Sec. an engine certified
maximum engine power >25 HP 63.6605. to the emission
that use gasoline or that standards specified
are rich burn and use LPG. in 40 CFR part 60,
subpart JJJJ, Sec.
Sec. 60.4233(b)
or (c), as
applicable.
10. New and reconstructed SI meet emission i. you have
stationary RICE with a standards in Sec. purchased an engine
maximum engine power >25 HP 63.6605. certified to the
that use fuels other than emission standards
gasoline and are not rich specified in 40 CFR
burn engines that use LPG. part 60, subpart
JJJJ; or
ii. the average NMHC
concentration, from
the three test runs
is less than or
equal to 0.7g/HP-
hr.
11. New and reconstructed CI meet emission you have purchased
stationary RICE. standards in Sec. an engine certified
63.6605. to the emission
standards specified
in 40 CFR part 60,
subpart IIII, Sec.
Sec. 60.4204 and
60.4205, as
applicable.
------------------------------------------------------------------------
.
[[Page 33849]]
Table 7 to Subpart ZZZZ of Part 63.--Continuous Compliance With Emission
Limitations and Operating Limitations
[As stated in Sec. 63.6640, you must continuously comply with the
emissions and operating limitations as required by the following:]
------------------------------------------------------------------------
You must demonstrate
Complying with the continuous
For each . . . requirement to . . . compliance by . . .
------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI a. reduce CO i. conducting
stationary RICE. emissions and using semiannual
an oxidation performance tests
catalyst, and using for CO to
a CPM. demonstrate that
the required CO
percent reduction
is achieved \a\;
and
ii. collecting the
catalyst inlet
temperature data
according to Sec.
63.6625(b); and
iii. reducing these
data to 4-hour
rolling averages;
and
iv. maintaining the
4-hour rolling
averages within the
operating
limitations for the
catalyst inlet
temperature; and
v. measuring the
pressure drop
across the catalyst
once per month and
demonstrating that
the pressure drop
across the catalyst
is within the
operating
limitation
established during
the performance
test.
2. 2SLB, 4SLB, and CI a. reduce CO i. conducting
stationary RICE. emissions and not semiannual
using an oxidation performance tests
catalyst, and using for CO to
a CPMS. demonstrate that
the required CO
percent reduction
is achieved \a\;
and
ii. collecting the
approved operating
parameter (if any)
data according to
Sec. 63.6625(b);
and
iii. reducing these
data to 4-hour
rolling averages;
and
iv. maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.
3. 2SLB, 4SLB, and CI a. reduce CO i. collecting the
stationary RICE. emissions and using monitoring data
a CEMS. according Sec.
63.6625(a),
reducing the
measurements to 1-
hour averages,
calculating the
percent reduction
of CO emissions
according to Sec.
63.6620; and
ii. demonstrating
that the catalyst
achieves the
required percent
reduction of CO
emissions over the
4-hour averaging
period; and
iii. conducting an
annual RATA of your
CEMS using PS 3 and
4A of 40 CFR part
60, appendix B, as
well as daily and
periodic data
quality checks in
accordance with 40
CFR part 60,
appendix F,
procedure 1.
4. 4SRB stationary RICE..... a. reduce i. collecting the
formaldehyde catalyst inlet
emissions and using temperature data
NSCR. according to Sec.
63.6625(b); and
ii. reducing these
data to 4-hour
rolling averages;
and
iii. maintaining the
4-hour rolling
averages within the
operating
limitations for the
catalyst inlet
temperature; and
iv. measuring the
pressure drop
across the catalyst
once per month and
demonstrating that
the pressure drop
across the catalyst
is within the
operating
limitation
established during
the performance
test.
5. 4SRB stationary RICE..... a. reduce i. collecting the
formaldehyde approved operating
emissionis and not parameter (if any)
using NSCR. data according to
Sec. 63.6625(b);
and
ii. reducing these
data to 4-hour
rolling averages;
and
iii. maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.
6. 4SRB stationary RICE with reduce formaldehyde conducting
a brake HP >=5,000. emissions. semiannual
performance tests
for formaldehyde to
demonstrate that
the required
formaldehyde
percent reduction
is achieved \a\.
[[Page 33850]]
7. stationary RICE.......... limit the i. conducting
concentration of semiannual
formaldehyde in the performance tests
stationary RICE for formaldehyde to
exhaust and using demonstrate that
oxidation catalyst your emissions
or NSCR. remain at or below
the formaldehyde
concentration the
stationary limit
\a\; and
ii. collecting the
catalyst inlet
temperature data
according to Sec.
63.6625(b); and
iii. reducing these
data to 4-hour
rolling averages;
and
iv. maintaining the
4-hour rolling
averages within the
operating
limitations for the
catalyst inlet
temperature; and
v. measuring the
pressure drop
across the catalyst
once per month and
demonstrating that
the pressure drop
across the catalyst
is within the
operating
limitation
established during
the performance
test.
8. stationary RICE.......... limit the i. conducting
concentration of semiannual
formaldehyde in the performance tests
stationary RICE for formaldehyde to
exhaust and not demonstrate that
using oxidation your emissions
catalyst or NSCR. remain at or below
the formaldehyde
concentration limit
\a\; and
ii. collecting the
approved operating
parameter (if any)
data according to
Sec. 63.6625(b);
and
ii. reducing these
data to 4-hour
rolling averages;
and
iii. maintaining the
4-hour rolling
averages within the
operating
limitations for the
operating
parameters
established during
the performance
test.
9. New and reconstructed limit the i. conducting
uncertified stationary RICE concentration of performance tests
with a brake HP >500 NMHC in the every 3 years or
located at an area source stationary RICE 8,760 hours of
of HAP emissions. exhaust. operation,
whichever comes
first for NMHC to
demonstrate that
the required NMHC
limit is achieved;
and
ii. operating and
maintaining your
stationary RICE and
control device
according to the
manufacturer's
written
instructions.
10. New and reconstructed meet the emission operating and
certified stationary RICE, standards specified maintaining your
except stationary RICE with in 40 CFR part 60 stationary RICE and
a brake HP >500 located at subpart JJJJ Sec. control device
a major source of HAP 60.4233, as according to the
emissions. applicable. manufacturer's
written
instructions.
------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests,
you may reduce the frequency of subsequent performance tests to
annually. If the results of any subsequent annual performance test
indicate the stationary RICE is not in compliance with the CO or
formaldehyde emission limitation, or you deviate from any of your
operating limitations, you must resume semiannual performance tests.
Table 8 to Subpart ZZZZ of Part 63.--Requirements for Reports.
[As stated in Sec. 63.6650, you must comply with the following requirements for reports:]
----------------------------------------------------------------------------------------------------------------
The report must contain You must submit the
For each . . . You must submit a(n) . . . report . . .
----------------------------------------------------------------------------------------------------------------
1. Stationary RICE with a brake HP a. compliance report... i. if there are no (a) semiannually
>500 located at a major source of deviations from any according to the
HAP emissions. emission limitations requirements in Sec.
or operating 63.6650(b).
limitations that apply
to you, a statement
that there were no
deviations from the
emission limitations
or operating
limitations during the
reporting period. If
there were no periods
during which the CMS,
including CEMS and
CPMS, was out-of-
control, as specified
in Sec. 63.8(c)(7),
a statement that there
were not periods
during which the CMS
was out-of-control
during the reporting
period; or.
[[Page 33851]]
and
New or reconstructed 4SLB stationary ....................... ii. if you had a (a) semiannually
RICE with a 250<=HP<=500 located at deviation from any according to the
a major source of HAP emissions. emission limitation or requirements in Sec.
operating limitation 63.6650(b).
during the reporting
period, the
information in Sec.
63.6660(d). If there
were periods during
which the CMS,
including CEMS and
CPMS, was out-of-
control, as specified
in Sec. 63.8(c)(7),
the information in
Sec. 63.6650(e); or
iii. if you had a (a) semiannually
startup, shutdown or according to the
malfunction during the requirements in Sec.
reporting period, the 63.6650(b).
information in Sec.
63.10(d)(5)(i).
2. Stationary RICE with a brake HP b. an immediate i. actions taken for (a) by fax or telephone
>500 located at a major source of startup, shutdown, and the event; and. within 2 working days
HAP emissions. malfunction report if after starting actions
actions addressing the inconsistent with the
startup, shutdown, or plan.
malfunction were
inconsistent with your
startup, shutdown, or
malfunction plan
during the reporting
period.
and
New or reconstructed 4SLB stationary ii. the information in (a) by letter within 7
RICE with a 250<=HP<=500 located at Sec. working days after the
a major source of HAP emissions. 63.10(d)(5)(ii). end of the event
unless you have made
alternative
arrangements with the
permitting
authorities. (Sec.
63.10(d)(5)(ii)) plan.
3. New or reconstructed stationary c. Report.............. i. the fuel flow rate (a) annually, according
RICE which fires landfill or of each fuel and the to the requirements in
digester gas equivalent to 10 heating values that Sec. 63.6650.
percent or more of the gross heat were used in your
input on an annual basis. calculations, and you
must demonstrate that
the percentage of heat
input provided by
landfill gas or
digester gas, is
equivalent to 10
percent or more of the
gross heat input on an
annual basis; and.
ii. the operating (a) see item
limits provided in 3(c)(i)(a).
your federally
enforceable permit,
and any deviations
from these limits; and
iii. any problems or (a) see item
errors suspected with 3(c)(i)(a).
the meters.
----------------------------------------------------------------------------------------------------------------
Table 9 to Subpart ZZZZ of Part 63.--Applicability of General Provisions to Subpart ZZZZ
[As stated in Sec. 63.6665, you must comply with the following applicable general provisions.]
----------------------------------------------------------------------------------------------------------------
General provisions citation Subject of citation Applies to subpart Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1.......................... General applicability Yes....................
of the General
Provisions.
Sec. 63.2.......................... Definitions............ Yes.................... Additional terms
defined in Sec.
63.6675.
Sec. 63.3.......................... Units and abbreviations Yes....................
Sec. 63.4.......................... Prohibited activities Yes....................
and circumvention.
Sec. 63.5.......................... Construction and Yes....................
reconstruction.
Sec. 63.6(a)....................... Applicability.......... Yes....................
Sec. 63.6(b)(1)-(4)................ Compliance dates for Yes....................
new and reconstructed
sources.
Sec. 63.6(b)(5).................... Notification........... Yes....................
Sec. 63.6(b)(6).................... [Reserved].............
Sec. 63.6(b)(7).................... Compliance dates for Yes....................
new and reconstructed
area sources that
become major sources.
[[Page 33852]]
Sec. 63.6(c)(1)-(2)................ Compliance dates for Yes....................
existing sources.
Sec. 63.6(c)(3)-(4)................ [Reserved].............
Sec. 63.6(c)(5).................... Compliance dates for Yes....................
existing area sources
that become major
sources.
Sec. 63.6(d)....................... [Reserved].............
Sec. 63.6(e)(1).................... Operation and Yes....................
maintenance.
Sec. 63.6(e)(2).................... [Reserved].............
Sec. 63.6(e)(3).................... Startup, shutdown, and Yes....................
malfunction plan.
Sec. 63.6(f)(1).................... Applicability of Yes....................
standards except
during startup
shutdown malfunction
(SSM).
Sec. 63.6(f)(2).................... Methods for determining Yes....................
compliance.
Sec. 63.6(f)(3).................... Finding of compliance.. Yes....................
Sec. 63.6(g)(1)-(3)................ Use of alternate Yes....................
standard.
Sec. 63.6(h)....................... Opacity and visible No..................... Subpart ZZZZ does not
emission standards. contain opacity or
visible emission
standards.
Sec. 63.6(i)....................... Compliance extension Yes....................
procedures and
criteria.
Sec. 63.6(j)....................... Presidential compliance Yes....................
exemption.
Sec. 63.7(a)(1)-(2)................ Performance test dates. Yes.................... Subpart ZZZZ contains
performance test dates
at Sec. Sec.
63.6610 and 63.6611.
Sec. 63.7(a)(3).................... CAA section 114 Yes....................
authority.
Sec. 63.7(b)(1).................... Notification of Yes....................
performance test.
Sec. 63.7(b)(2).................... Notification of Yes....................
rescheduling.
Sec. 63.7(c)....................... Quality assurance/test Yes....................
plan.
Sec. 63.7(d)....................... Testing facilities..... Yes....................
Sec. 63.7(e)(1).................... Conditions for Yes....................
conducting performance
tests.
Sec. 63.7(e)(2).................... Conduct of performance Yes.................... Subpart ZZZZ specifies
tests and reduction of test methods at Sec.
data. 63.6620.
Sec. 63.7(e)(3).................... Test run duration...... Yes....................
Sec. 63.7(e)(4).................... Administrator may Yes....................
require other testing
under section 114 of
the CAA.
Sec. 63.7(f)....................... Alternative test method Yes....................
provisions.
Sec. 63.7(g)....................... Performance test data Yes....................
analysis,
recordkeeping, and
reporting.
Sec. 63.7(h)....................... Waiver of tests........ Yes....................
Sec. 63.8(a)(1).................... Applicability of Yes.................... Subpart ZZZZ contains
monitoring specific for
requirements. monitoring at
requirements Sec.
63.6625.
Sec. 63.8(a)(2).................... Performance Yes....................
specifications.
Sec. 63.8(a)(3).................... [Reserved].............
Sec. 63.8(a)(4).................... Monitoring for control No.....................
devices.
Sec. 63.8(b)(1).................... Monitoring............. Yes....................
Sec. 63.8(b)(2)-(3)................ Multiple effluents and Yes....................
multiple monitoring
systems.
Sec. 63.8(c)(1).................... Monitoring system Yes....................
operation and
maintenance.
Sec. 63.8(c)(1)(i)................. Routine and predictable Yes....................
SSM.
Sec. 63.8(c)(1)(ii)................ SSM not in Startup Yes.................... Plan
Shutdown Malfunction.
Sec. 63.8(c)(1)(iii)............... Compliance with Yes....................
operation and
maintenance
requirements.
Sec. 63.8(c)(2)-(3)................ Monitoring system Yes....................
installation.
Sec. 63.8(c)(4).................... Continuous monitoring Yes.................... Except that subpart
system (CMS) ZZZZ does not require
requirements. Continuous Opacity
Monitoring System
(COMS).
Sec. 63.8(c)(5).................... COMS minimum procedures No..................... Subpart ZZZZ does not
require COMS.
Sec. 63.8(c)(6)-(8)................ CMS requirements....... Yes.................... Except that subpart
ZZZZ does not require
COMS.
Sec. 63.8(d)....................... CMS quality control.... Yes....................
[[Page 33853]]
Sec. 63.8(e)....................... CMS performance Yes.................... Except for
evaluation. 63.8(e)(5)(ii), which
applies to COMS.
Sec. 63.8(f)(1)-(5)................ Alternative monitoring Yes....................
method.
Sec. 63.8(f)(6).................... Alternative to relative Yes....................
accuracy test.
Sec. 63.8(g)....................... Data reduction......... Yes.................... Except that provisions
for COMS are not
applicable. Averaging
periods for
demonstrating
compliance are
specified at ''63.6635
and 63.6640.
Sec. 63.9(a)....................... Applicability and State Yes....................
delegation of
notification
requirements.
Sec. 63.9(b)(1)-(5)................ Initial notifications.. Yes.................... Except that Sec.
63.9(b)(3) is
reserved.
Sec. 63.9(c)....................... Request for compliance Yes....................
extension.
Sec. 63.9(d)....................... Notification of special Yes....................
compliance
requirements for new
sources.
Sec. 63.9(e)....................... Notification of Yes....................
performance test.
Sec. 63.9(f)....................... Notification of visible No..................... Subpart ZZZZ does not
emission (VE)/opacity contain opacity or VE
test. standards.
Sec. 63.9(g)(1).................... Notification of Yes....................
performance evaluation.
Sec. 63.9(g)(2).................... Notification of use of No..................... Subpart ZZZZ does not
COMS data. contain opacity or VE
standards.
Sec. 63.9(g)(3).................... Notification that Yes.................... If alternative is in
criterion for use.
alternative to RATA is
exceeded.
Sec. 63.9(h)(1)-(6)................ Notification of........ Yes.................... Except that
notifications for
compliance status
sources using a CEMS
are due 30 days after
completion of
performance
evaluations.Sec.
63.9(h)(4) is
reserved.
Sec. 63.9(i)....................... Adjustment of submittal Yes....................
deadlines.
Sec. 63.9(j)....................... Change in previous Yes....................
information.
Sec. 63.10(a)...................... Administrative Yes....................
provisions for record
keeping/reporting.
Sec. 63.10(b)(1)................... Record retention....... Yes....................
Sec. 63.10(b)(2)(i)-(v) SSM........ Records related to..... Yes....................
Sec. 63.10(b)(2)(vi)-(xi).......... Records................ Yes....................
Sec. 63.10(b)(2)(xii).............. Record when under Yes....................
waiver.
Sec. 63.10(b)(2)(xiii)............. Records when using Yes.................... For CO standard if
alternative to RATA. using RATA
alternative.
Sec. 63.10(b)(2)(xiv).............. Records of supporting Yes....................
documentation.
Sec. 63.10(b)(3)................... Records of Yes....................
applicability
determination.
Sec. 63.10(c)...................... Additional records for Yes.................... Except that Sec.
sources using CEMS. 63.10(c)(2)-(4) and
(9) are reserved.
Sec. 63.10(d)(1)................... General reporting Yes....................
requirements.
Sec. 63.10(d)(2)................... Report of performance Yes....................
test results.
Sec. 63.10(d)(3)................... Reporting opacity or VE No..................... Subpart ZZZZ does not
observations. contain opacity or VE
standards.
Sec. 63.10(d)(4)................... Progress reports....... Yes....................
Sec. 63.10(d)(5)................... Startup, shutdown, and Yes....................
malfunction reports.
Sec. 63.10(e)(1) and (2)(i)........ Additional CMS reports. Yes....................
Sec. 63.10(e)(2)(ii)............... COMS-related report.... No..................... Subpart ZZZZ does not
require COMS.
Sec. 63.10(e)(3)................... Excess emission and Yes.................... Except that Sec.
parameter exceedances 63.10(e)(3)(i)(C) is
reports. reserved.
Sec. 63.10(e)(4)................... Reporting COMS data.... No..................... Subpart ZZZZ does not
require COMS.
Sec. 63.10(f)...................... Waiver for Yes....................
recordkeeping/
reporting.
Sec. 63.11......................... Flares................. No.....................
Sec. 63.12......................... State authority and Yes....................
delegations.
Sec. 63.13......................... Addresses.............. Yes....................
Sec. 63.14......................... Incorporation by Yes....................
reference.
Sec. 63.15......................... Availability of Yes....................
information.
----------------------------------------------------------------------------------------------------------------
[[Page 33854]]
PART 85--[AMENDED]
28. The authority citation for part 85 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
29. Section 85.2401 is amended by revising paragraph (a)(13) to
read as follows:
Sec. 85.2401 To whom do these requirements apply?
(a) * * *
(13) Stationary internal combustion engines (See 40 CFR part 60,
subparts IIII and JJJJ).
* * * * *
30. Section 85.2403 is amended by revising paragraph (b)(11) to
read as follows:
Sec. 85.2403 What definitions apply to this subpart?
* * * * *
(b) * * *
(11) 40 CFR part 60, subparts IIII and JJJJ.
* * * * *
31. Section 85.2405 is amended by adding paragraph (f) to read as
follows:
Sec. 85.2405 How much are the fees?
* * * * *
(f) Fees for stationary SI internal combustion engine certificate
requests shall be calculated in the same manner as for NR SI
certificate. Fees for certificate requests where the certificate would
apply to stationary and mobile engines shall be calculated in the same
manner as fees for the certificate requests for the applicable mobile
source engines.
PART 90--[AMENDED]
32. The authority citation for part 90 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
33. Section 90.1 is amended by adding paragraph (h) to read as
follows:
Sec. 90.1 Applicability.
* * * * *
(h) This part applies as specified in 40 CFR part 60 subpart JJJJ,
to spark-ignition engines subject to the standards of 40 CFR part 60,
subpart JJJJ.
34. Section 90.107 is amended by adding paragraph (d)(12) to read
as follows:
Sec. 90.107 Application for certificate.
* * * * *
(d) * * *
(12) A statement indicating whether the engine family contains only
nonroad engines, only stationary engines, or both.
* * * * *
35. Section 90.114 is amended by revising paragraph (c)(7) to read
as follows:
Sec. 90.114 Requirement of certification--engine information label.
* * * * *
(c) * * *
(7) The statement ``THIS ENGINE CONFORMS TO U.S. EPA REGULATIONS
FOR [MODEL YEAR] ENGINES.'';
* * * * *
36. Section 90.201 is revised to read as follows:
Sec. 90.201 Applicability.
The requirements of this subpart C are applicable to all Phase 2
spark-ignition engines subject to the provisions of subpart A of this
part except as provided in Sec. 90.103(a). These provisions are not
applicable to any Phase 1 engines. Participation in the averaging,
banking and trading program is voluntary, but if a manufacturer elects
to participate, it must do so in compliance with the regulations set
forth in this subpart. The provisions of this subpart are applicable
for HC+NOX (NMHC+NOX) emissions but not for CO
emissions. To the extent specified in 40 CFR part 60, subpart JJJJ,
stationary engines certified under this part and subject to the
standards of 40 CFR part 60, subpart JJJJ, may participate in the
averaging, banking, and trading program described in this subpart.
PART 1048--[AMENDED]
37. The authority citation for part 1048 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
38. Section 1048.1 is amended by revising paragraph (c) to read as
follows:
Sec. 1048.1 Does this part apply to me?
* * * * *
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines may be
required by 40 CFR part 60, subpart JJJJ, to comply with some of the
provisions of this part 1048; otherwise, these engines are only
required to comply with the requirements in Sec. 1048.20. In addition,
the prohibitions in 40 CFR 1068.101 restrict the use of stationary
engines for nonstationary purposes unless they are certified under this
part 1048 to the same standards that would apply to nonroad engines for
the same model year.
* * * * *
39. Section 1048.20 is amended by revising paragraph (a)
introductory text and adding paragraph (c) to read as follows:
Sec. 1048.20 What requirements from this part apply to excluded
stationary engines?
(a) You must add a permanent label or tag to each new engine you
produce or import that is excluded under Sec. 1048.1(c) as a
stationary engine and is not required by 40 CFR part 60, subpart JJJJ,
to meet the standards and other requirements of this part 1048 that are
equivalent to the requirements applicable to nonroad SI engines for the
same model year. To meet labeling requirements, you must do the
following things:
* * * * *
(c) Stationary engines required by 40 CFR part 60, subpart JJJJ, to
meet the requirements of this part 1048, or 40 CFR part 90, must meet
the labeling requirements of 40 CFR 60.4242.
40. Section 1048.101 is amended by adding paragraph (a)(4) to read
as follows:
Sec. 1048.101 What exhaust emission standards must my engines meet?
* * * * *
(a) * * *
(4) For constant-speed engines, the emission standards do not apply
for transient testing if you do both of the following things:
(i) Demonstrate that the specified transient duty-cycle is not
representative of how your engines will operate in use.
(ii) Demonstrate that the engine's emission controls will function
properly to control emissions during transient operation in use. In
most cases, you may do this by showing that you use the same controls
as a similar variable-speed engine that is certified as complying with
the emission standards during transient testing.
* * * * *
41. Section 1048.205 is amended by revising paragraph (w) to read
as follows:
Sec. 1048.205 What must I include in my application?
* * * * *
(w) State whether your certification is intended to include engines
used in stationary applications. Also State whether your certification
is limited for certain engines. If this is the case, describe how you
will prevent use of these engines in applications for which they are
not certified. This applies for engines such as the following:
(1) Constant-speed engines.
(2) Variable-speed engines.
* * * * *
[[Page 33855]]
PART 1065--[AMENDED]
42. The authority citation for part 1065 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
43. Section 1065.1 is amended by adding paragraph (a)(6) to read as
follows:
Sec. 1065.1 Applicability.
(a) * * *
(6) Stationary spark-ignition engines certified using the
provisions of 40 CFR part 1048, as indicated under 40 CFR part 60,
subpart JJJJ, the standard-setting part for these engines.
* * * * *
PART 1068--[AMENDED]
44. The authority citation for part 1068 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
45. Section 1068.1 is amended by adding paragraph (a)(5) to read as
follows:
Sec. 1068.1 Does this part apply to me?
(a) * * *
(5) Stationary spark-ignition engines certified to the provisions
of 40 CFR part 1048, as indicated under 40 CFR part 60, subpart JJJJ.
* * * * *
[FR Doc. 06-4919 Filed 6-9-06; 8:45 am]
BILLING CODE 6560-50-P