```

[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Proposed Rules]               
[Page 32611-32634]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-39]                         

[[Page 32611]]

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Part III

Environmental Protection Agency

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40 CFR Parts 60, 1039, 1042, et al.

Standards of Performance for Stationary Compression Ignition and Spark 
Ignition Internal Combustion Engines; Proposed Rule

[[Page 32612]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 1039, 1042, 1065, and 1068

[EPA-HQ-OAR-2010-0295, FRL-9156-4]
RIN 2060-AP67

 
Standards of Performance for Stationary Compression Ignition and 
Spark Ignition Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing revisions to the standards of performance for 
new stationary compression ignition internal combustion engines under 
section 111(b) of the Clean Air Act. The proposed rule would implement 
more stringent standards for stationary compression ignition engines 
with displacement greater than or equal to 10 liters per cylinder and 
less than 30 liters per cylinder, consistent with recent revisions to 
standards for similar mobile source marine engines. The action also 
proposes to provide additional flexibility to owners and operators of 
affected engines, and would correct minor mistakes in the initial 
standards of performance. In addition, the action proposes revisions to 
the requirements for engines with displacement at or above 30 liters 
per cylinder to align more closely with recent standards for similar 
mobile source marine engines, and for engines in rural portions of 
Alaska that are not accessible by the Federal Aid Highway System. 
Finally, the proposal would make minor revisions to the standards of 
performance for new stationary spark ignition internal combustion 
engines to mirror certain revisions proposed for compression ignition 
engines, which would provide consistency where appropriate for the 
regulation of stationary internal combustion engines. The proposed 
standards would reduce nitrogen oxides by an estimated 1,100 tons per 
year, particulate matter by an estimated 38 tons per year, and 
hydrocarbons by an estimated 18 tons per year by the year 2030.

DATES: Comments must be received on or before August 9, 2010.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by June 28, 2010, a public hearing will be held 
beginning at 10 am on July 8, 2010. If you are interested in attending 
the public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to 
verify whether or not a hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0295, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     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-
2010-0295. We also rely on documents in Docket ID Nos. EPA-HQ-OAR-2005-
0029 and EPA-HQ-OAR-2003-0190 and incorporate those dockets into the 
record for this proposed rule. 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 
http://www.regulations.gov or e-mail. The http://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 http://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: EPA has established a docket for this action under Docket 
ID No. EPA-HQ-OAR-2010-0295. All documents in the docket are listed in 
the http://www.regulations.gov index. We also rely on documents in 
Docket ID Nos. EPA-HQ-OAR-2005-0029 and EPA-HQ-OAR-2003-0190, 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 
http://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: Ms. Melanie King, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), U.S. EPA, 
Research Triangle Park, North Carolina 27711; telephone number (919) 
541-2469; facsimile number (919) 541-5450; e-mail address 
king.melanie@epa.gov.

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

[[Page 32613]]

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

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your engine is regulated by this action, 
you should examine the applicability criteria in Sec.  60.4200 of the 
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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the proposed rule will be available on the WWW 
through the Technology Transfer Network Web site (TTN). Following 
signature, EPA will post a copy of the proposed rule on the TTN's 
policy and guidance page for newly proposed or promulgated rules at 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.

What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Send or deliver information 
identified as CBI to only the following address: Ms. Melanie King, c/o 
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research 
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2010-0295. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions. The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.
    Docket. The docket number for the proposed new source performance 
standards (NSPS) is Docket ID No. EPA-HQ-OAR-2010-0295. We will also 
rely on documents in Docket Nos. EPA-HQ-OAR-2005-0029 and EPA-HQ-OAR-
2003-0190.
    Organization of This Document. The following outline is provided to 
aid in locating information in the preamble.

I. Background
    A. Initial New Source Performance Standards
    B. Events Following Promulgation of Initial NSPS
II. Summary of Proposed Amendments
    A. Standards for New Engines With Displacement Greater Than or 
Equal to 10 l/cyl and Less Than 30 l/cyl
    B. Compliance Requirements for Owners and Operators
    C. Temporary Replacement Engines
    D. Standards for Engines With Displacement Greater Than or Equal 
to 30 l/cyl
    E. Requirements for Engines Located in Rural Alaska
    F. Reconstruction
    G. Minor Corrections and Revisions
III. 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?
IV. Solicitation of Public Comments and Participation
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Background

A. Initial New Source Performance Standards

    This action proposes revisions to NSPS for new compression ignition 
(CI) stationary internal combustion engines (ICE). The NSPS were 
initially published on July 11, 2006 (71 FR 39153). 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.
    For the first time, the NSPS put Federal restrictions on emissions 
of particulate matter (PM), oxides of nitrogen (NOX), non-
methane hydrocarbons (NMHC) and carbon monoxide (CO) from new 
stationary CI engines. The NSPS also restricted the level of sulfur 
permitted in diesel fuel used in new stationary CI engines. The

[[Page 32614]]

levels in the NSPS were generally based on standards promulgated in 
previous rules for similar nonroad (i.e., mobile off-highway) engines. 
For larger engines with displacement greater than or equal to 10 liters 
per cylinder (l/cyl) and less than 30 l/cyl, the levels were based on 
standards for similar marine engines. EPA noted in the proposed rule 
(70 FR 39870) that it was reviewing the possibility of promulgating 
more stringent standards for such marine engines in the near future and 
would review whether to revise the standards for stationary engines 
with displacement greater than or equal to 10 l/cyl and less than 30 l/
cyl when the more stringent standards for marine engines with 
displacement greater than or equal to 10 l/cyl and less than 30 l/cyl 
were promulgated. For engines with displacement greater than or equal 
to 30 l/cyl, the standards were based on evidence collected for those 
specified engines.
    The standards for emergency engines were less stringent than those 
for non-emergency engines, given questions regarding the use of 
emission reduction aftertreatment technologies for such engines and the 
fact that such engines are rarely used, except in case of emergency. 
EPA also promulgated less stringent standards, and no fuel sulfur 
restrictions, for engines in U.S. Pacific territories where low sulfur 
fuel may be difficult to receive. However, these less stringent 
standards did not apply to engines at or above 30 l/cyl. Similarly, EPA 
delayed the low sulfur fuels requirement until December 1, 2010, for 
rural areas of Alaska not accessible by the Federal Aid Highway System 
(FAHS), and allowed the Governor of Alaska to submit an alternative 
plan for implementing the NSPS for public utilities located in these 
rural areas of Alaska.
    EPA estimated that the NSPS would reduce NOX emissions 
from stationary CI ICE by an estimated 38,000 tons per year (tpy), PM 
emissions by about 3,000 tpy, NMHC emissions by about 600 tpy, sulfur 
dioxide (SO2) emissions by an estimated 9,000 tpy, and CO 
emissions by approximately 18,000 tpy in the year 2015. EPA estimated 
that emissions of hazardous air pollutants would be reduced by 
approximately 93 tons in the year 2015. EPA estimated the NSPS would 
reduce NOX emissions from stationary CI ICE by an estimated 
270,000 tpy, PM emissions by about 17,000 tpy, NMHC emissions by about 
8,000 tpy, SO2 emissions by an estimated 24,000 tpy, and CO 
emissions by approximately 95,000 tpy in the year 2030.
    For the vast majority of engines, compliance requirements, 
particularly testing requirements, are primarily geared towards the 
manufacturers of the engines, not the owners and operators of engines. 
The engines had to be tested, certified and labeled prior to 
installation. Owners and operators are, however, required to operate 
and maintain their engines according to the written instructions of the 
engine manufacturers or according to procedures developed by the owner/
operators and approved by the manufacturer.

B. Events Following Promulgation of Initial NSPS

    Following promulgation of the initial NSPS, EPA received several 
comments from interested parties regarding aspects of the final rule. 
In particular, engine manufacturers stated their belief that the 
standards promulgated for engines with displacement greater than or 
equal to 30 l/cyl were not feasible, especially those located at areas 
without requirements for low sulfur diesel fuel. Engine manufacturers 
also noted some minor errors in the standards as published.
    The American Petroleum Institute (API) petitioned for review of the 
final NSPS, and stated to EPA that, among other concerns, API believed 
that the compliance requirements did not allow owner and operators 
enough flexibility to use operation and maintenance procedures, 
different from those recommended by manufacturers, that would provide 
good emission control practice for minimizing emissions. API also had 
other comments regarding the final rule, including concern regarding 
use of the term ``useful life'' in the stationary engine context, and 
concern that temporary portable engines would be treated as subject to 
NSPS requirements beyond the requirements for nonroad engines.
    On January 18, 2008, EPA published a final rule containing separate 
standards of performance for stationary spark ignition (SI) engines. 
(73 FR 3567) While these regulations are distinct from the standards of 
performance for CI engines, certain aspects of these regulations, 
particularly regarding compliance and definitions, are intended to be 
consistent with the regulations promulgated for CI engines.
    Additionally, on June 30, 2008, EPA published more stringent 
standards for new locomotives and for new CI marine vessels under 40 
CFR parts 1033 and 1042, respectively, including marine vessel engines 
with displacement greater than or equal to 10 l/cyl and less than 30 l/
cyl. (73 FR 37095) The rule promulgated two new tiers of standards for 
newly manufactured marine CI engines at or above 600 kilowatt (KW) (800 
horsepower (HP)), the second of which was based on the application of 
catalytic aftertreatment technology.
    Further, on April 30, 2010, EPA promulgated final fuel requirements 
and standards regulating emissions from marine engines with 
displacement above 30 l/cyl. (75 FR 22896) These requirements are 
equivalent to the limits adopted by the International Maritime 
Organization (IMO) in October 2008 as an amendment to Annex VI of the 
International Convention for the Prevention of Pollution from Ships 
(also called MARPOL Annex VI).
    Finally, on October 31, 2008, the State of Alaska, pursuant to the 
provision in the final rule allowing it to request alternative 
provisions for rural Alaska, requested that EPA make certain changes in 
its requirements to account for circumstances in rural Alaska that are 
different from those in the rest of the United States. Alaska's 
specific recommendations are discussed below.

II. Summary of Proposed Amendments

A. Standards for New Engines With Displacement Greater Than or Equal to 
10 l/cyl and Less Than 30 l/cyl

    We are proposing to incorporate the recently-promulgated standards 
for new marine engines into our standards for new stationary engines 
with displacement greater than or equal to 10 l/cyl and less than 30 l/
cyl. The standards were found to be feasible for the marine engines 
covered by those requirements. As we discussed in the original NSPS 
final rule, stationary engines in this displacement range are similar 
in design to marine CI engines and are generally certified to marine 
standards. EPA is, therefore, basing the proposed revised standards for 
non-emergency stationary CI ICE with a displacement between 10 l/cyl 
and 30 l/cyl on the technologies identified in the recent rulemaking to 
be used to meet the emission standards for marine CI engines.
    The proposed standards would not take effect until 2013, at the 
earliest. The standards are summarized in the tables in this preamble. 
The first tier of standards divides these engines by displacement. The 
second divides the engines by maximum engine power.

[[Page 32615]]

 Table II-1--First Tier Standards for Stationary CI Engines With a Displacement >=10 and HP-hr  (g/   NOX + HC \b\ g/
       Engine size--liters per cylinder, rated power             KW-hr)       HP-hr  (g/KW-hr)        Year
----------------------------------------------------------------------------------------------------------------
10.0 HP-hr (0.34 g/KW-hr).

Table II-2--Second Tier Standards for Stationary CI Engines With a Displacement >=10 and HP-hr  (g/   NOX + HC \b\ g/   HC g/HP-hr  (g/
        Engine size, rated power               KW-hr)       HP-hr  (g/KW-hr)       KW-hr)             Year
----------------------------------------------------------------------------------------------------------------
>= 3,700 KW.............................    \a\0.09 (0.12)         1.3 (1.8)       0.14 (0.19)          \c\ 2014
                                               0.04 (0.06)         1.3 (1.8)       0.14 (0.19)          b c 2016
2,000 HP-hr (0.25 g/KW-hr) for engines with 15-30 liter/cylinder displacement.
\b\ Optional compliance start dates can be used within these model years.
\c\ Option: 1st Tier PM/NOX + HC at 0.10/5.8 g/HP-hr (0.14/7.8 g/KW-hr) in 2012, and 2nd Tier in 2015.
\d\ The 1st Tier PM standards continue to apply for these engines in model years 2014 and 2015 only.

    The first tier of standards is based on engine-based technologies 
already in use or expected to be used for other mobile and stationary 
engines (e.g., improved fuel injection, engine mapping, and calibration 
optimization), as well as the use of ultra low sulfur (i.e., 15 parts 
per million (ppm) sulfur) diesel (ULSD). The second tier of standards 
is expected to be met with the use of catalytic exhaust aftertreatment 
that have already been used for other similar mobile and stationary 
engines, like catalyzed diesel particulate filters (CDPF) and selective 
catalytic reduction (SCR).

B. Compliance Requirements for Owners and Operators

    In the original final NSPS, EPA required all engines to be 
installed, configured, operated, and maintained according to the 
specifications and instructions provided by the engine manufacturer. 
EPA also allowed the option for owners and operators to follow 
procedures developed by the owner or operator that have been approved 
by the engine manufacturer for cases where site-specific conditions may 
require changes to the manufacturer's typical guidelines.
    Several parties objected to this requirement. According to the 
parties, this requirement restricts owners and operators from using the 
most appropriate methods for installing, operating and maintaining 
engines in the field. The parties claim that owners and operators are 
in the best position to determine the most appropriate method of 
installing, operating and maintaining engines in the field and have 
more experience in doing so than engine manufacturers, and that 
operation and maintenance provisions in manufacturer manuals are often 
too stringent and inflexible to be required in binding regulations.
    Based on the comments and information received during and after the 
rulemakings for both the CI and SI NSPS, EPA believes it is not 
appropriate to require owners and operators to follow manufacturer 
operation and maintenance procedures without allowing alternative 
options for owners and operators. Therefore, we are proposing to revise 
the regulations to allow owners and operators to develop their own 
operation and maintenance plans as an alternative to following 
manufacturer operation and maintenance procedures. However, if an 
owner/operator decides to take this approach, EPA will need greater 
assurance that the engine is meeting emission requirements. Thus, 
owner/operators using this approach will generally be subject to 
further testing of their engines and will be required to keep 
maintenance plans and records. EPA will consider such engines to be 
operating in a non-certified manner. Engines greater than 500 HP will 
be required to conduct a performance test within 1 year of startup (or 
within 1 year of changing the manufacturer's recommended configuration 
or settings for the engine) to demonstrate compliance with the emission 
standards, and will also have to conduct subsequent performance testing 
every 8,760 hours or 3 years (whichever comes first) thereafter. These 
engines will in addition be required to keep a maintenance plan and 
records of conducted maintenance.
    Engines greater than or equal to 100 HP and less than or equal to 
500 HP will be required to conduct a performance test within 1 year of 
startup (or within 1 year of changing the manufacturer's recommended 
configuration or settings for the engine) to demonstrate compliance 
with the emission standards and will in addition be required to keep a 
maintenance plan and records of conducted maintenance. Engines below 
100 HP operating in a non-certified manner will not have to conduct 
further performance testing, but are required to keep a maintenance 
plan and records.
    Owners and operators will also have the ability to adjust engine 
settings outside of manufacturer settings as long as they ensure the 
engines comply with the standards at those settings with a performance 
test.
    Parties also noted that the operation and maintenance requirements 
extended beyond emission-related operation and maintenance and

[[Page 32616]]

extended to operation and maintenance of all aspects of the engine, 
which the parties believed should be beyond the scope of the 
regulation. EPA agrees that the operation and maintenance requirements 
of the NSPS should be restricted to emission-related operation and 
maintenance, and is proposing to revise the regulations accordingly.
    Finally, one party has reported that owners and operators of 
engines in marine locations often need to use engines that meet the 
marine nonroad engine standards, but that the current NSPS requires the 
engine, if the engine is on a stationary platform rather than a ship, 
to meet the standards for land-based engines, rather than marine 
engines. EPA has not proposed to change the current regulation, but 
requests comment on the need for stationary engines in marine offshore 
settings to use engines meeting the marine engine standards, rather 
than land-based engine standards. Based on the comments received, EPA 
may decide to revise this requirement in the final rule.

C. Temporary Replacement Engines

    EPA received comments during and after the initial CI NSPS rule and 
during the SI NSPS rule indicating that there was some confusion 
regarding the status of temporary engines (i.e., generally engines in 
one location for less than 1 year) under EPA's regulations. Further, 
there was concern that for those temporary engines that were considered 
stationary under the definitions of stationary and nonroad engine, 
because they replaced other stationary engines during periods when the 
main engines were off-line (e.g., for maintenance work), owners and 
operators of major sources would have little or no ability to oversee 
the operations of these temporary engines, as they were generally owned 
and maintained by other entities.
    EPA notes that except for certain instances (e.g., engines at 
seasonal sources or engines that replace stationary engines at a site), 
engines in one location for less than 1 year are generally considered 
to be mobile nonroad engines under EPA's regulatory definitions of 
nonroad engine and stationary engine, and, therefore, the NSPS and 
other regulations applicable to stationary engines are not applicable 
to such engines. Examples of such nonroad engines are engines that are 
brought to a major source stationary source for less than 1 year for 
purposes of general maintenance or construction.
    Portable engines that replace existing stationary engines on a 
temporary basis are considered stationary engines. This provision 
allows the permitting authority to count the emissions of the temporary 
unit in the emissions from the stationary source, as it would for the 
permanent unit. This prevents sources from avoiding the counting of 
such units in its projected or actual emissions. EPA agrees with 
comments that with regard to temporary replacement engines, which are 
generally portable and moved from place to place, it is most 
appropriate that these engines, though considered stationary, should be 
allowed under the NSPS to meet requirements for mobile nonroad engines. 
These sources are not under the long-term control (or in many cases the 
short-term control) of the local source, and, therefore, it is 
appropriate to hold them to the requirements for similar sources that 
are mobile in character. EPA also notes that under the pre-existing 
general provisions for 40 CFR part 60, the fact that an engine moves 
from place to place does not, by the sole basis of that movement, make 
the engine a ``new'' engine for the purposes of the NSPS.

D. Standards for Engines With Displacement Greater Than or Equal to 30 
l/cyl

    In the final NSPS, EPA required owners and operators of stationary 
CI ICE with a displacement of greater than or equal to 30 l/cyl to 
reduce NOX emissions by 90 percent or more, or alternatively 
they had to limit the emissions of NOX in the stationary CI 
internal combustion engine exhaust to 1.6 grams per KW-hour (g/KW-hr) 
(1.2 grams per HP-hour (g/HP-hr)). They were also required to reduce PM 
emissions by 60 percent or more, or alternatively they had to limit the 
emissions of PM in the stationary CI internal combustion engine exhaust 
to 0.15 g/KW-hr (0.11 g/HP-hr). These standards were applicable in all 
areas, including areas in the Pacific (e.g., Guam) and rural Alaska 
that were exempted, at least temporarily, from using low sulfur fuel. 
The standards were also applicable to all engines in this displacement 
category, whether they were used for emergency or non-emergency 
purposes.
    Following completion of the original rule, EPA received comments 
from engine manufacturers stating that the standards would be 
infeasible in areas where low sulfur fuel was not used. The engine 
manufacturers recommended less stringent standards for areas where low 
sulfur fuel is not required. EPA also received later comments 
indicating that the standards were also infeasible for engines in areas 
with access to lower sulfur fuel, and that the standards should instead 
be harmonized with the IMO standards for similar engines in marine 
vessels. These comments also requested that EPA take the same approach 
to emergency engines with displacement greater than or equal to 30 l/
cyl as EPA takes for smaller emergency engines. For other emergency 
engines, EPA promulgated emission standards that do not require the use 
of aftertreatment, given the limited use of the engines, the 
ineffectiveness of the aftertreatment during startup, and the need for 
safe, reliable and immediate operation of the engine during 
emergencies. The comments state that engines of this size have been 
used as emergency generators at nuclear power plants in order to assure 
the safe shut-down of the reactor in case of emergency due to their 
excellent performance and reliability.
    Regarding the NOX standard for these engines, EPA agrees 
that it is appropriate to adjust the stringency of the NOX 
standard to match the worldwide NOX standard approved in the 
IMO's Annex VI and promulgated by EPA for marine engines with 
displacement above 30 l/cyl. While the technology required by the 
existing NSPS has been used on other stationary engines, EPA realizes 
the need to provide lead time for the technology to transfer to the 
largest of engines. The final IMO NOX standard is comparable 
to the existing NSPS NOX standard, but provides more 
leadtime for final implementation. Revising the standard to match the 
standard for marine engines allows manufacturers to design a single 
type of engine for both uses. This standard has been substantially 
reviewed by EPA and other governments and has been found to be feasible 
in the time provided. For engines installed prior to January 1, 2012, 
the standard is proposed to be 17.0 g/KW-hr (12.7 g/HP-hr) when maximum 
engine speed is less than 130 revolutions per minute (rpm); 45 [middot] 
n-0.2 g/KW-hr (34 [middot] n-0.2 g/KW-hr) when n 
(maximum engine speed) is 130 or more but less than 2,000 rpm; 9.8 g/
KW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 rpm or more. For 
engines installed after January 1, 2012, we are proposing a more 
stringent standard of 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine 
speed is less than 130 rpm; 44 [middot] n-0.23 g/KW-hr (33 
[middot] n-0.23 g/KW-hr) where n (maximum engine speed) is 
130 or more but less than 2,000 rpm; and 7.7 g/KW-hr (5.7 g/HP-hr) 
where maximum engine speed is greater than or equal to 2,000 rpm. For 
engines installed after January 1, 2016, we are proposing a more 
stringent

[[Page 32617]]

standard that presumes the use of aftertreatment. The levels are 
proposed to be 3.4 g/KW-hr (2.5 g/HP-hr) when maximum engine speed is 
less than 130 rpm; 9.0 [middot] n-0.20 g/KW-hr (6.7 [middot] 
n-0.20 g/KW-hr) where n (maximum engine speed) is 130 or 
more but less than 2,000 rpm; and 2.0 g/KW-hr (1.5 g/HP-hr) where 
maximum engine speed is greater than or equal to 2,000 rpm.
    For engines installed in Pacific island areas that are not required 
to use lower sulfur fuel, while EPA believes that SCR can be installed 
on such engines even where high sulfur fuel is being used, EPA agrees 
that the use of high sulfur fuel, and the presence of other impurities 
in this type of fuel (i.e., heavy fuel oil), as well as different 
density and viscosity, make it difficult to achieve similar results 
from SCR as would occur with lower sulfur fuel. Maintenance of high 
NOX reduction levels is also more difficult when using high 
sulfur fuel. The use of higher sulfur heavy fuel oil also increases 
engine-out NOX emissions because of the increased levels of 
contaminants in the fuel. EPA also notes that the areas in question do 
not have any significant ozone problem. We, therefore, are proposing 
not to require the more stringent standards that would otherwise apply 
beginning in 2016 in these areas.
    Similarly, we are proposing not to require the more stringent, 
aftertreatment-forcing NOX standards for emergency engines 
with displacement at or above 30 l/cyl. As the commenters noted, EPA 
did not require aftertreatment-forcing requirements for other emergency 
engines due to the limited use of the engines, the ineffectiveness of 
the aftertreatment during startup, and the need for safe, reliable and 
immediate operation of the engine during emergencies. EPA agrees that 
similar concerns are present for emergency engines in this power 
category.
    EPA is also modifying its fuel requirements for engines with 
displacement at or above 30 l/cyl. The final rule promulgated by EPA 
for marine engines with displacement above 30 l/cyl required those 
engines to use fuel meeting a 1,000 ppm sulfur level beginning in 2014, 
and also made other revisions to the mobile source fuel requirements 
that will likely have the effect of making 1,000 ppm sulfur fuel the 
outlet for diesel fuel that does not meet the 15 ppm sulfur standard 
generally required for mobile source fuel. Therefore, EPA is revising 
the fuel sulfur standards for stationary CI engines with displacement 
at or above 30 l/cyl to a 1,000 ppm sulfur level beginning in 2014.
    EPA agrees that the numerical standards for PM promulgated in the 
final rule would be very difficult, if not impossible, to achieve using 
high sulfur fuel. EPA therefore agrees that it is appropriate to revise 
the concentration limit for PM for stationary CI ICE with a 
displacement of greater than or equal to 30 l/cyl in areas where low 
sulfur fuel is not required. EPA is proposing a standard of 0.40 g/KW-
hr (0.30 g/HP-hr). Given the substantial health concerns associated 
with diesel PM emissions, EPA believes it is appropriate to require 
this level for all engines where low sulfur fuel is not required. 
Similarly, we are proposing to revise the PM standard for emergency 
engines to 0.40 g/kW-hr (0.30 g/HP-hr), for the reasons provided above 
regarding NOX standards for such engines.
    EPA is not proposing to change the PM standard for non-emergency 
engines in areas where the lower sulfur fuel is available. As EPA 
explained in the original NSPS, EPA believes this standard is 
achievable for engines using existing technology and low sulfur fuel. 
The substantial health risks associated with diesel PM require that 
these stringent standards remain in place.

E. Requirements for Engines Located in Rural Alaska

    In the initial final NSPS, EPA agreed to delay the sulfur 
requirements for diesel fuel intended for stationary ICE in rural areas 
of Alaska not accessible by the FAHS (``rural Alaska'') until December 
1, 2010, except that any 2011 model year and later stationary CI 
engines operating in rural Alaska prior to December 1, 2010, would be 
required to meet the 15 parts per million (ppm) sulfur requirement for 
diesel fuel. This approach was consistent with the approach that was 
used for nonroad and highway engines in rural Alaska. EPA also included 
a special section in the final rule that specified that until December 
1, 2010, owners and operators of stationary CI engines located in 
Alaska should refer to 40 CFR part 69 to determine the diesel fuel 
requirements applicable to such engines.
    In addition, the final regulations included language that allows 
Alaska to submit for EPA approval through rulemaking process an 
alternative plan for implementing the requirements of this regulation 
for public-sector electrical utilities located in rural areas of Alaska 
not accessible by the FAHS. The alternative plan must be based on the 
requirements of section 111 of the CAA including any increased risks to 
human health and the environment and must also be based on the unique 
circumstances related to remote power generation, climatic conditions, 
and serious economic impacts resulting from implementation of the final 
NSPS.
    EPA also included an option in the final rule for owners and 
operators of pre-2011 model year engines located in remote areas of 
Alaska to petition the Administrator to use any fuels mixed with used 
oil that do not meet the fuel requirements in Sec.  60.4207 of the 
final rule beyond the required fuel deadlines. The owner or operator 
must show that there is no other place to burn the used oil. Each 
petition, if approved, is valid for a period of up to 6 months.
    EPA communicated with officials from the State of Alaska on several 
occasions following the promulgation of the final rule, and gave the 
State of Alaska an extension from the original deadline of January 11, 
2008, to provide its alternative plan for rural Alaska to EPA. On 
October 31, 2008, EPA received Alaska's request for several revisions 
to the NSPS as it pertains to engines located in the rural part of 
Alaska not served by the FAHS.
    In particular, the State of Alaska requested the following:
     Allow NSPS owner-operator requirements to apply only to 
model year 2011 and later engines.
     Maintain a December 1, 2010 deadline for transition of 
regulated engines to ULSD.
     Authorize continued use of single circuit jacketwater 
marine diesel engines for prime power applications.
     Remove limitations on using fuels mixed with used 
lubricating oil that do not meet the fuel requirements of 40 CFR part 
60, subpart IIII.
     Review emission control design requirements needed to meet 
new NSPS emission standards, including the possibility of removing or 
delaying emissions standards requiring advanced exhaust gas emissions 
aftertreatment technologies until the technology is proven for remote 
and arctic applications.
    EPA agrees that the circumstances in rural Alaska require special 
rules. EPA is, therefore, proposing several amendments for engines used 
in rural Alaska:
    1. Exempting all pre-2011 model year engines from diesel fuel 
sulfur requirements;
    2. Allowing owners and operators of stationary CI engines located 
in rural areas of Alaska to use engines certified to marine engine 
standards, rather than land-based nonroad engine standards;
    3. Removing requirements to use aftertreatment devices for 
NOX, in particular, SCR, for engines used in rural Alaska.

[[Page 32618]]

    In proposing these revisions, EPA notes the following information 
provided by the State of Alaska. In general, the State notes that over 
180 rural communities in Alaska that are not accessible by the FAHS 
rely on diesel engines and fuel for electricity. These communities are 
scattered over long distances in remote areas and are not connected to 
population centers by road or power grid. These communities are located 
in the most severe arctic environments in the United States.
    Regarding the request that owners and operator requirements apply 
only to model year 2011 and later engines, the State of Alaska focused 
on two particular requirements for pre-2011 engines: the requirement 
that pre-2011 engines that are manufactured after April 1, 2006 use 
ULSD beginning on December 1, 2010; and the requirement that after 
December 31, 2008, owners and operators may not install engines that do 
not meet the applicable requirements for 2007 model year engines.
    The State of Alaska noted that Alaska village power plants are 
typically operated by a single part-time operator with an alternate, 
that there is a high rate of turnover among plant operators, and that 
operators have limited training, expertise or resources. The State of 
Alaska notes that pre-2011 engines will all be fueled, prior to 
December 1, 2011, with the same fuel. The State of Alaska believes that 
it would greatly simplify operations to coordinate the fuel 
requirements with the introduction of 2011 model year engines, rather 
than retroactively requiring some, but not all, earlier engines to meet 
the fuel requirements. It would also facilitate the smoother transition 
to ULSD fuel, rather than requiring numerous engines to all meet the 
requirements at the same time. The State of Alaska noted that there is 
no technological requirement for pre-model year 2011 engines to use 
aftertreatment, and thus no technological need to use ULSD. EPA agrees 
that the requested revision will reduce the complexity of the 
regulations and that ULSD is not technologically necessary prior to 
model year 2011. EPA also notes that the requirement to use ULSD for 
2011 and later model year engines will eventually lead to a complete 
turnover of the fuel used in the remote villages. Therefore, EPA is 
proposing this revision.
    The State of Alaska notes that the planning, construction and 
operation of engines in rural Alaska is complex. The timeframe for 
these projects, which are coordinated among several governmental 
entities, typically exceeds 3 years. The State of Alaska notes that 
several projects that were designed and funded based on pre-2007 model 
year engines will not be installed prior to December 31, 2008. 
Therefore, the State of Alaska requests that the deadline be moved to 
December 2010. While EPA understands that some extra time may be needed 
to allow for these pre-existing projects to go forward with pre-2007 
engines, EPA does not believe the State of Alaska has justified a 2-
year extension, beyond the 2 years already provided in the regulations. 
However, EPA believes that a 1-year extension would be appropriate. EPA 
is, therefore, proposing a 1-year extension for owners and operators in 
rural Alaska to install pre-2007 model year engines.
    Regarding its request for continued use of single circuit 
jacketwater marine diesel engines for prime power applications, the 
State of Alaska notes that rural villages in Alaska use combined heat 
and power cogeneration plants, which are vital to their economy, given 
the high cost of fuel and the substantial need for heat in that 
climate. Heat recovery systems are used with diesel engines in rural 
communities to provide heat to community facilities and schools. 
Marine-jacketed diesel engines are used wherever possible because of 
their superior heat recovery and thermal efficiency. The State of 
Alaska has noticed great reductions in heat recovery when using Tier 3 
non-marine engines. The State notes that reductions in fuel efficiency 
will lead to greater fuel use and greater emissions from burning extra 
heating oil. EPA agrees with the State that there are significant 
benefits from using marine engines, and is proposing a revision that 
will allow engines in rural Alaska to use marine-certified engines. 
However, as the State of Alaska notes, marine-certified engines, 
particularly those below 800 HP, are not required to meet more 
stringent requirements for reduction of PM emissions, which is the most 
significant pollutant of concern in these areas. Therefore, EPA is 
proposing to require that owners and operators of engines manufactured 
in model years that would otherwise be certified to Tier 4 PM standards 
(e.g., model years 2011 and later for engines greater than or equal to 
130 KW (175 HP) and less than or equal to 560 KW (750 HP)) must either 
be certified to Tier 4 standards (whether land-based nonroad or marine) 
or must install PM reduction technologies on their engines to achieve 
at least 85 percent reduction in PM.
    Regarding the issue of using aftertreatment technologies that the 
State of Alaska says has not been tested in remote arctic climates, EPA 
notes that the State of Alaska is particularly concerned with 
NOX standards that would likely entail the use of SCR in 
rural Alaska. NOX reductions are particularly important in 
areas where ozone is a concern, because NOX is a precursor 
to ozone. However, the State of Alaska, and rural Alaska in particular, 
does not have any significant ozone problems. Moreover, the use of SCR 
entails the supply, storage and use of a chemical reductant, usually 
urea, that needs to be used properly in order to achieve the expected 
emissions reductions, and that may have additional operational problems 
in remote arctic climates. As noted above, these villages are not 
accessible by the Federal Aid Highway System and are scattered over 
long distances in remote areas and are not connected to population 
centers by road or power grid. They are located in the most severe 
arctic environments in the United States and they rely on stationary 
diesel engines and fuel for electricity and heating, and these engines 
need to be in working condition, particularly in the winter. While the 
availability of reductant is not a problem in the areas on the highway 
system, its availability in remote villages, particularly in the early 
years of the Tier 4 program, may be an issue, which is notable given 
the importance of the stationary engines in these villages. 
Furthermore, the costs for the acquisition, storage and handling of the 
chemical reductant would be greater than for engines located elsewhere 
in the United States due to the remote location and severe arctic 
climate of the villages. In order to maintain proper availability of 
the chemical reductant during the harsh winter months, new heated 
storage vessels may be needed at each engine facility, further 
increasing the compliance costs for these remote villages. Given the 
issues that would need to be addressed if SCR were required, and the 
associated costs of this technology when analyzed under NSPS 
guidelines, EPA understands the State of Alaska's argument that it is 
inappropriate to require such standards for stationary engines in rural 
Alaska.\1\ Therefore, EPA is proposing not to require owners and 
operators of new stationary engines to meet the Tier 4 standards for 
NOX in these areas and is soliciting comment on this 
decision. However, owners and operators of 2011 and later model year 
engines that do not

[[Page 32619]]

meet the Tier 4 PM standards would be required to use PM 
aftertreatment, as discussed above. The use of PM aftertreatment will 
also achieve reductions in CO and hydrocarbons.
---------------------------------------------------------------------------

    \1\ Note that this action applies to stationary engines only; it 
is unlikely that such an approach would be appropriate for mobile 
engines, given that they are less permanent in a village and can 
move in and out of areas as work requires, and because EPA has less 
ability to enforce such an approach for mobile sources, where EPA 
does not regulate the owner or operator directly.
---------------------------------------------------------------------------

    Finally, regarding allowing owners and operators to blend up to 
1.75 percent used oil into the fuel system, the State notes that there 
are no permitted used oil disposal facilities in rural Alaskan 
communities. The State believes that it has developed a cost-effective 
and reliable used-oil blending system that is currently being used in 
many rural Alaskan communities, disposing of the oil in an 
environmentally beneficial manner and capturing the energy content of 
the used oil. The absence of allowable blending would, according to the 
State, necessitate the shipping out of the used oil and would risk 
improper disposal and storage, as well as spills.
    According to the State, blending waste oil at 1.75 percent or less 
will keep the fuel within American Society for Testing and Materials 
(ASTM) specifications if the sulfur content of the waste oil is below 
200 ppm. The State acknowledges the need for engines equipped with 
aftertreatment devices to use fuel meeting the sulfur requirements.
    EPA agrees that the limited blending of used oil into the diesel 
fuel used by stationary engines can be an environmentally beneficial 
manner of disposing of such oil and may be of little to no concern when 
kept within appropriate limits. In fact, in EPA's highway diesel 
regulations (40 CFR 80.522), we allow for the blending of used motor 
oil into fuel burned in highway engines if the engine was certified to 
the emission standards with the addition of the used oil, and if the 
oil is added in a manner consistent with the engine certificate. 
Nevertheless, EPA believes that there are certain issues that need to 
be further reviewed if EPA is to include in the final rule a provision 
allowing used oil to be mixed with diesel fuel in remote areas of 
Alaska. First, while any provision allowing used oil to be mixed with 
diesel fuel would need to be carefully circumscribed (e.g., the used 
oil could be no more than 1.75 percent of mixture and could not have a 
sulfur level above 200 ppm), EPA would like to have further information 
on whether, even at such circumscribed levels, mixing used oil into the 
fuel will have an effect on the operation or maintenance requirements 
for such engines, particularly engines using PM aftertreatment, and if 
so, how such changes will be managed by the operators.
    Second, on April 29, 2010, EPA proposed a set of regulatory actions 
under the CAA that address emissions from boilers, process heaters, and 
certain solid waste incinerators. On the same day, in a related action 
under the Resource Conservation and Recovery Act (RCRA), EPA proposed 
to define which non-hazardous secondary materials are ``solid waste'' 
for purposes of subtitle D (non-hazardous waste) of RCRA when burned in 
a combustion unit, since section 129(g)(5) of the CAA provides that 
``solid waste'' shall have the meaning established by the Administrator 
under RCRA. Under the proposed solid waste rule, used oil that does not 
meet the on-specification (``on-spec'') levels and properties of 40 CFR 
279.11 (``off-spec used oil'') would be considered a solid waste, 
unless it is processed to meet the on-spec used oil limits specified in 
40 CFR 279.11, and a combustion unit that burns off-spec used oil would 
be a solid waste incineration unit and would be subject to emission 
standards under section 129 of the CAA.
    Due to these issues, EPA believes that it would not be appropriate 
at this time to propose to allow the blending of used oil for 
stationary diesel engines under the NSPS. EPA solicits comment on 
whether to allow the blending of used oil into diesel fuel under the 
NSPS in rural areas of Alaska.

F. Reconstruction

    EPA is proposing to add a definition for ``reconstruct'' that is 
specific for the NSPS for stationary CI ICE and stationary SI ICE. EPA 
is also proposing to add provisions to the NSPS that require 
reconstructed engines to meet the emission standards for the model year 
in which the reconstruction occurs if the reconstructed engine meets 
any of the following criteria:
     The crankshaft is removed as part of the reconstruction; 
or
     The fixed capital cost of the new and refurbished 
components exceeds 50 percent of the fixed capital cost of a comparable 
new engine; or
     The serial number of the engine is removed as part of the 
reconstruction; or
     The reconstructed engine consists of a previously used 
engine block with all new components.

The proposed rule also clarifies that the provisions for modified and 
reconstructed engines apply to anyone who modifies or reconstructs an 
engine, including engine owners/operators, engine manufacturers, and 
anyone else. The proposed rule also adds additional clarification 
regarding what standards are applicable for modified or reconstructed 
engines.

G. Minor Corrections and Revisions

    EPA is proposing several minor revisions in this rule to correct 
mistakes in the initial rule or to clarify the rule. The revisions 
being proposed are listed below:
     Replacing the term ``useful life'' with ``certified 
emissions life,'' for purposes of clarity;
     Revising Table 3 in the in 40 CFR part 60, subpart IIII to 
account for a mistake in how Table 3 characterized the certification 
requirements for high speed fire pump engines in the initial final 
rule;
     Revising the definition of ``emergency stationary internal 
combustion engine,'' and the allowance for maintenance checks and 
readiness testing for such engines, to be consistent with the 
provisions promulgated in the recently completed requirements for 
existing stationary engines in 40 CFR part 63, subpart ZZZZ;
     Revising the requirement for emergency engines to install 
non-resettable hour meters such that emergency engines that meet the 
requirements for non-emergency engines do not have to install the hour 
meters;
     Revising the applicability provisions to make clearer 
EPA's requirement that all owners and operators of new sources must 
meet the deadlines for installation of compliant stationary engines;
     Revising certain provisions of the NSPS for stationary SI 
engines, particularly concerning definitions and compliance by owners 
and operators of such engines, to ensure consistency where appropriate 
for the regulation of stationary ICE; and
     Adding a definition of ``installed'' to provide clarity to 
the provisions regarding installing engines produced in previous model 
years.

III. Summary of Environmental, Energy and Economic Impacts

A. What are the air quality impacts?

    The proposed rule would reduce NOX emissions from 
stationary CI ICE between 10 and 30 l/cyl by an estimated 300 tpy, PM 
emissions by about 8 tpy, and NMHC emissions by about 4 tpy, in the 
year 2018. EPA estimated emissions reductions for the year 2018 because 
the year 2018 is the first year the emission standards would be fully 
implemented for stationary CI engines between 10 and 30 l/cyl. In the 
year 2030, the proposed rule would reduce NOX emissions from 
stationary CI ICE between 10 and 30 l/cyl by an estimated 1,100 tpy, PM 
emissions by about 38 tpy, and NMHC emissions by about 18 tpy. 
Emissions

[[Page 32620]]

reductions were estimated for the year 2030 to provide an estimate of 
what the reductions would be once there has been substantial turnover 
in the engine fleet. EPA expects very few stationary CI ICE with a 
displacement of 30 l/cyl or more to be installed per year, and no 
emissions or emissions reductions have been estimated for these 
engines.

B. What are the cost impacts?

    The total costs of the proposed rule are mostly based on the cost 
associated with purchasing and installing controls on non-emergency 
stationary CI ICE. The costs of aftertreatment were based on 
information developed for CI marine engines. Further information on how 
EPA estimated the total costs of the proposed rule can be found in a 
memorandum included in the docket (Docket ID. No. EPA-HQ-OAR-2010-
0295).
    The total national capital cost for the proposed rule is estimated 
to be approximately $236,000 in the year 2018, with a total national 
annual cost of $142,000 in the year 2018. The year 2018 is the first 
year the emission standards would be fully implemented for stationary 
CI engines between 10 and 30 l/cyl. The total national capital cost for 
the proposed rule in the year 2030 is $235,000, with a total national 
annual cost of $711,000.

C. What are the economic impacts?

    EPA expects that there will be less than a 0.03 percent increase in 
price and a similar decrease in product demand associated with this 
proposal for producers and consumers in 2018. For more information, 
please refer to the economic impact analysis for this rulemaking in the 
docket.

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

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

IV. Solicitation of 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. A redline/
strikeout version of the complete standards of performance for 
stationary compression ignition engines and for stationary spark 
ignition engines which shows the changes that are being proposed in 
this action is available from the rulemaking docket.
    EPA is seeking specific comment on the appropriate test method for 
measuring PM emissions from stationary engines with a displacement 
greater than or equal to 30 l/cyl. Currently, the NSPS for stationary 
CI engines requires these engines to be tested using EPA Method 5, 
which requires the cooling of the engine flue gas to 120 degrees C (248 
degrees F). In a letter from the Engine Manufacturers Association (EMA) 
to EPA dated December 4, 2008 (see docket number EPA-HQ-OAR-2010-0295), 
EMA stated that cooling the flue gas for large stationary engines to 
the filter holder temperature required by EPA Method 5 will result in 
measurement results that are non-reproducible. The letter stated that 
the condensation of semi-volatile organic components from the exhaust 
gas on the cold surfaces needed to cool the gas will lead to results 
that are not repeatable. The letter from EMA recommended that engine 
owners and operators be allowed to use EPA Method 17 or EPA Method 5B 
in lieu of EPA Method 5. EPA does not believe that the use of EPA 
Method 5 will lead to non-reproducible results because the particulate 
deposited on the internal walls of the sampling probe are recovered for 
weighing; the recovery and inclusion of the particulate deposited in 
the probe addresses the issue of variations in the deposition location 
of the condensed semi-volatile compounds. EPA seeks comment on whether 
EPA Method 5 is the appropriate test method for stationary CI engines 
with a displacement greater than or equal to 30 l/cyl, and any data to 
support the claim that the use of Method 5 to test these engines 
results in large uncertainties and non-reproducible emissions data.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action does not impose an information collection burden because 
the Agency is not requiring any additional recordkeeping, reporting, 
notification or other requirements in this proposed rule. The changes 
being proposed in this action do not affect information collection, but 
include revisions to emission standards and other minor issues. 
However, the Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in the 
existing regulations (40 CFR part 60 subpart A) under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2060-0590. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (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 purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field. The companies owning facilities with 
affected stationary ICE can be grouped into small and large categories 
using Small Business Administration (SBA) general size standard 
definitions. Size standards are based on industry classification codes 
(i.e., North American Industrial Classification System, or NAICS) that 
each company uses to identify the industry or industries in which they 
operate in. The SBA defines a small business in terms of the maximum 
employment, annual sales, or annual energy-generating capacity (for 
electricity generating units--EGUs) of the owning entity. These 
thresholds vary by industry and are evaluated based on the primary 
industry classification of the affected companies. In cases where 
companies are classified by multiple NAICS codes, the most conservative 
SBA definition

[[Page 32621]]

(i.e., the NAICS code with the highest employee or revenue size 
standard) was used.
    In addition, for the electric power generation industry, the small 
business size standard is an ultimate parent entity defined as having a 
total electric output of 4 million megawatt-hours (MW-hr) in the 
previous fiscal year. The specific SBA size standard is identified for 
each affected industry within the economic impact analysis for the 
proposal. In this case, we presume the affected engines will all be 
located in the electric power generation industry.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities (SISNOSE). We 
estimate that only one small entity is expected to incur costs 
associated with this proposed rule, and the annualized costs are less 
than 0.02 percent of their sales. Hence, we conclude that there is no 
SISNOSE for this rule.
    For more information on the small entity impacts associated with 
the proposed rule, please refer to the Economic Impact Analysis in the 
public docket. Although the proposed rule would not have a significant 
economic impact on a substantial number of small entities, EPA 
nonetheless tried to reduce the impact of the proposed rule on small 
entities. When developing the revised standards, EPA took special steps 
to ensure that the burdens imposed on small entities were minimal. EPA 
conducted several meetings with industry trade associations to discuss 
regulatory options and the corresponding burden on industry, such as 
recordkeeping and reporting. The proposed rule requires the minimum 
level of testing, monitoring, recordkeeping, and reporting to affected 
stationary ICE sources necessary to ensure compliance. We continue to 
be interested in the potential impacts of the proposed rule on small 
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act of 1995

    This rule does not contain a Federal mandate that may result in 
expenditures of $100 million or more for State, local, and Tribal 
governments, in the aggregate, or the private sector in any 1 year. 
Only minimal changes are being proposed by the Agency in this action 
and where compliance costs are incurred, only a nominal number of 
stationary CI engines will experience a compliance cost expense. Thus, 
this rule is not subject to the requirements of sections 202 or 205 of 
UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The changes being 
proposed in this action by the Agency are minimal and mostly affect 
stationary CI engine manufactures and will not affect small 
governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This proposed action 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 action. 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 action from State and local officials.

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

    This proposed rule does not have Tribal implications, as specified 
in Executive Order 13175 (65 FR 67249, November 9, 2000). 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. EPA 
specifically solicits additional comment on this proposed action from 
Tribal officials.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
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 solely on technology performance.

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

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory 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, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs EPA to 
provide Congress, through OMB, explanations when the Agency decides not 
to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

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

    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The changes the Agency is proposing in this action will 
reduce emissions from certain stationary CI engines, which were 
previously not controlled as stringently as now. Other changes the 
Agency is proposing to make have minimal effect on emissions.

[[Page 32622]]

List of Subjects

40 CFR Part 60

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

40 CFR Part 1039

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1042

    Administrative practice and procedure, Air pollution control.

40 CFR Part 1065

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

40 CFR Part 1068

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

    Dated: May 21, 2010.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is proposed to be amended 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.

Subpart IIII--[AMENDED]

    2. Section 60.4200 is amended by revising paragraph (a) and adding 
paragraph (e) to read as follows:

Sec.  60.4200  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary compression ignition (CI) internal 
combustion engines (ICE) and other persons as specified in paragraphs 
(a)(1) through (4) of this section. For the purposes of this subpart, 
the date that construction commences is the date the engine is ordered 
by the owner or operator.
    (1) Manufacturers of stationary CI ICE with a displacement of less 
than 30 liters per cylinder where the model year is:
    (i) 2007 or later, for engines that are not fire pump engines;
    (ii) The model year listed in Table 3 to this subpart or later 
model year, for fire pump engines.
    (2) Owners and operators of stationary CI ICE that commence 
construction after July 11, 2005, where the stationary CI ICE are:
    (i) Manufactured after April 1, 2006, and are not fire pump 
engines, or
    (ii) Manufactured as a certified National Fire Protection 
Association (NFPA) fire pump engine after July 1, 2006.
    (3) Owners and operators of any stationary CI ICE that are modified 
or reconstructed after July 11, 2005 and any person that modifies or 
reconstructs any stationary CI ICE after July 11, 2005.
    (4) The provisions of Sec.  60.4208 of this subpart are applicable 
to all owners and operators of stationary CI ICE that commence 
construction after July 11, 2005.
* * * * *
    (e) Owners and operators of facilities with internal combustion 
engines that are acting as temporary replacement units and that are 
located at a stationary source for less than 1 year and that have been 
properly certified as meeting the standards that would be applicable to 
such engine under the appropriate nonroad engine provisions, are not 
required to meet any other provisions under this subpart with regard to 
such engines.
    3. Section 60.4201 is amended by revising paragraph (d) and adding 
paragraphs (e) and (f) to read as follows:

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

* * * * *
    (d) Stationary CI internal combustion engine manufacturers must 
certify the following non-emergency stationary CI ICE to the 
certification emission standards for new marine CI engines in 40 CFR 
94.8, as applicable, for all pollutants, for the same displacement and 
maximum engine power:
    (1) Their 2007 model year through 2012 non-emergency stationary CI 
ICE with a displacement of greater than or equal to 10 liters per 
cylinder and less than 30 liters per cylinder;
    (2) Their 2013 model year non-emergency stationary CI ICE with a 
maximum engine power greater than or equal to 3,700 KW (4,958 HP) and a 
displacement of greater than or equal to 10 liters per cylinder and 
less than 15 liters per cylinder; and
    (3) Their 2013 model year non-emergency stationary CI ICE with a 
displacement of greater than or equal to 15 liters per cylinder and 
less than 30 liters per cylinder.
    (e) Stationary CI internal combustion engine manufacturers must 
certify the following non-emergency stationary CI ICE to the 
certification emission standards and other requirements for new marine 
CI engines in 40 CFR 1042.101, 40 CFR 1042.107, 40 CFR 1042.110, 40 CFR 
1042.115, 1042.120, and 40 CFR 1042.145, as applicable, for all 
pollutants, for the same displacement and maximum engine power:
    (1) Their 2013 model year non-emergency stationary CI ICE with a 
maximum engine power less than 3,700 KW (4,958 HP) and a displacement 
of greater than or equal to 10 liters per cylinder and less than 15 
liters per cylinder; and
    (2) Their 2014 model year and later non-emergency stationary CI ICE 
with a displacement of greater than or equal to 10 liters per cylinder 
and less than 30 liters per cylinder.
    (f) Notwithstanding the requirements in paragraphs (a) through (e) 
of this section, stationary CI internal combustion engine manufacturers 
are not required to certify reconstructed engines; however they may 
elect to do so. The reconstructed engine must be certified to the 
emission standards specified in paragraphs (a) through (e) of this 
section that are applicable to the model year, maximum engine power, 
and displacement of the reconstructed stationary CI ICE.
    4. Section 60.4202 is amended by removing and reserving paragraph 
(c) and adding paragraphs (e) through (g) to read as follows:

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

* * * * *
    (e) Stationary CI internal combustion engine manufacturers must 
certify the following emergency stationary CI ICE that are not fire 
pump engines to the certification emission standards for new marine CI 
engines in 40 CFR 94.8, as applicable, for all pollutants, for the same 
displacement and maximum engine power:
    (1) Their 2007 model year through 2012 emergency stationary CI ICE 
with a displacement of greater than or equal to 10 liters per cylinder 
and less than 30 liters per cylinder;
    (2) Their 2013 model year emergency stationary CI ICE with a 
maximum engine power greater than or equal to 3,700 KW (4,958 HP) and a 
displacement of greater than or equal to 10 liters per cylinder and 
less than 15 liters per cylinder; and
    (3) Their 2013 model year emergency stationary CI ICE with a 
displacement of greater than or equal to 15 liters per

[[Page 32623]]

cylinder and less than 30 liters per cylinder.
    (f) Stationary CI internal combustion engine manufacturers must 
certify the following emergency stationary CI ICE to the certification 
emission standards and other requirements applicable to Tier 3 new 
marine CI engines in 40 CFR 1042.101, 40 CFR 1042.107, 40 CFR 1042.115, 
40 CFR 1042.120, and 40 CFR 1042.145, for all pollutants, for the same 
displacement and maximum engine power:
    (1) Their 2013 model year emergency stationary CI ICE with a 
maximum engine power less than 3,700 KW (4,958 HP) and a displacement 
of greater than or equal to 10 liters per cylinder and less than 15 
liters per cylinder; and
    (2) Their 2014 model year and later emergency stationary CI ICE 
with a displacement of greater than or equal to 10 liters per cylinder 
and less than 30 liters per cylinder.
    (g) Notwithstanding the requirements in paragraphs (a) through (f) 
of this section, stationary CI internal combustion engine manufacturers 
are not required to certify reconstructed engines; however they may 
elect to do so. The reconstructed engine must be certified to the 
emission standards specified in paragraphs (a) through (f) of this 
section that are applicable to the model year, maximum engine power and 
displacement of the reconstructed emergency stationary CI ICE.
    5. Section 60.4203 is revised to read as follows:

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

    Engines manufactured by stationary CI internal combustion engine 
manufacturers must meet the emission standards as required in 
Sec. Sec.  60.4201 and 60.4202 during the certified emissions life of 
the engines.
    6. Section 60.4204 is amended by revising paragraph (c) and adding 
paragraphs (d) and (e) to read as follows:

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

* * * * *
    (c) Owners and operators of non-emergency stationary CI engines 
with a displacement of greater than or equal to 30 liters per cylinder 
must meet the following requirements:
    (1) For engines installed prior to January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 17.0 g/KW-hr (12.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 45 [middot] n-0.2 g/KW-hr (34 [middot] 
n-0.2 g/HP-hr) when maximum engine speed is 130 or more but 
less than 2,000 rpm, where n is maximum engine speed; and
    (iii) 9.8 g/KW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 
rpm or more.
    (2) For engines installed on or after January 1, 2012 and before 
January 1, 2016, limit the emissions of NOX in the 
stationary CI internal combustion engine exhaust to the following:
    (i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 44 [middot] n-0.23 g/KW-hr (33 [middot] 
n-0.23 g/HP-hr) when maximum engine speed is greater than or 
equal to 130 but less than 2,000 rpm and where n is maximum engine 
speed; and
    (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is 
greater than or equal to 2,000 rpm.
    (3) For engines installed on or after January 1, 2016, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 3.4 g/KW-hr (2.5 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 9.0 [middot] n-0.20 g/KW-hr (6.7 
[middot] n-0.20 g/HP-hr) where n (maximum engine 
speed) is 130 or more but less than 2,000 rpm; and
    (iii) 2.0 g/KW-hr (1.5 g/HP-hr) where maximum engine speed is 
greater than or equal to 2,000 rpm.
    (4) Reduce particulate matter (PM) emissions by 60 percent or more, 
or limit the emissions of PM in the stationary CI internal combustion 
engine exhaust to 0.15 g/KW-hr (0.11 g/HP-hr).
    (d) Owners and operators of non-emergency stationary CI ICE with a 
displacement of less than 30 liters per cylinder who conduct 
performance tests in use must meet the not-to-exceed (NTE) standards as 
indicated in Sec.  60.4212.
    (e) Owners and operators of any modified or reconstructed non-
emergency stationary CI ICE subject to this subpart must meet the 
emission standards applicable to the model year, maximum engine power, 
and displacement of the modified or reconstructed non-emergency 
stationary CI ICE that are specified in paragraphs (a) through (d) of 
this section.
    7. Section 60.4205 is amended by revising paragraphs (a) and (d) 
and adding paragraphs (e) and (f) to read as follows:

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

    (a) Owners and operators of pre-2007 model year emergency 
stationary CI ICE with a displacement of less than 10 liters per 
cylinder that are not fire pump engines must comply with the emission 
standards in Table 1 to this subpart. Owners and operators of pre-2007 
model year emergency stationary CI ICE with a displacement of greater 
than or equal to 10 liters per cylinder and less than 30 liters per 
cylinder that are not fire pump engines must comply with the emission 
standards in 40 CFR 94.8(a)(1).
* * * * *
    (d) Owners and operators of emergency stationary CI engines with a 
displacement of greater than or equal to 30 liters per cylinder must 
meet the requirements in this section.
    (1) For engines installed prior to January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 17.0 g/KW-hr (12.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 45 [middot] n-0.2 g/KW-hr (34 [middot] 
n-0.2 g/HP-hr) when maximum engine speed is 130 
or more but less than 2,000 rpm, where n is maximum engine speed; and
    (iii) 9.8 g/kW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 
rpm or more.
    (2) For engines installed on or after January 1, 2012 and before 
January 1, 2016, limit the emissions of NOX in the 
stationary CI internal combustion engine exhaust to the following:
    (i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 44 [middot] n-0.23 g/KW-hr (33 [middot] 
n-0.23 g/HP-hr) when maximum engine speed is greater than or 
equal to 130 but less than 2,000 rpm and where n is maximum engine 
speed; and
    (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is 
greater than or equal to 2,000 rpm.
    (3) Limit the emissions of PM in the stationary CI internal 
combustion engine exhaust to 0.40 g/KW-hr (0.30 g/HP-hr).
    (e) Owners and operators of emergency stationary CI ICE with a 
displacement of less than 30 liters per cylinder who conduct 
performance tests in use must meet the NTE standards as indicated in 
Sec.  60.4212.
    (f) Owners and operators of any modified or reconstructed emergency 
stationary CI ICE subject to this subpart must meet the emission 
standards

[[Page 32624]]

applicable to the model year, maximum engine power, and displacement of 
the modified or reconstructed CI ICE that are specified in paragraphs 
(a) through (e) of this section.
    8. Section 60.4206 is revised to read as follows:

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

    Owners and operators of stationary CI ICE must operate and maintain 
stationary CI ICE that achieve the emission standards as required in 
Sec. Sec.  60.4204 and 60.4205 over the entire life of the engine.
    9. Section 60.4207 is amended by revising paragraph (d) to read as 
follows:

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

* * * * *
    (d) Beginning January 1, 2014, owners and operators of stationary 
CI ICE subject to this subpart with a displacement of greater than or 
equal to 30 liters per cylinder are not subject to the requirements of 
paragraph (a) of this section and must use fuel that meets a maximum 
per-gallon sulfur content of 1,000 ppm.
* * * * *
    10. Section 60.4208 is amended by revising paragraphs (g) and (h) 
and adding paragraph (i) to read as follows:

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

* * * * *
    (g) After December 31, 2018, owners and operators may not install 
non-emergency stationary CI ICE with a maximum engine power greater 
than or equal to 600 KW (804 HP) and less than 2,000 KW (2,680 HP) and 
a displacement of greater than or equal to 10 liters per cylinder and 
less than 30 liters per cylinder that do not meet the applicable 
requirements for 2017 model year non-emergency engines.
    (h) In addition to the requirements specified in Sec. Sec.  
60.4201, 60.4202, 60.4204, and 60.4205, it is prohibited to import 
stationary CI ICE with a displacement of less than 30 liters per 
cylinder that do not meet the applicable requirements specified in 
paragraphs (a) through (g) of this section after the dates specified in 
paragraphs (a) through (g) of this section.
    (i) The requirements of this section do not apply to owners or 
operators of stationary CI ICE that have been modified, reconstructed, 
and do not apply to engines that were removed from one existing 
location and reinstalled at a new location.
    11. Section 60.4209 is amended by revising paragraph (a) to read as 
follows:

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

* * * * *
    (a) If you are an owner or operator of an emergency stationary CI 
internal combustion engine that does not meet the standards applicable 
to non-emergency engines, you must install a non-resettable hour meter 
prior to startup of the engine.
* * * * *
    12. Section 60.4210 is amended by:
    a. Revising paragraph (b);
    b. Revising paragraph (c) introductory text;
    c. Revising paragraph (c)(3)(i);
    d. Revising paragraph (c)(3)(ii); and
    e. Revising paragraph (d) to read as follows:

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

* * * * *
    (b) Stationary CI internal combustion engine manufacturers must 
certify their stationary CI ICE with a displacement of greater than or 
equal to 10 liters per cylinder and less than 30 liters per cylinder to 
the emission standards specified in Sec.  60.4201(d) and (e) and Sec.  
60.4202(e) and (f) using the certification procedures required in 40 
CFR part 94, subpart C, or 40 CFR part 1042, subpart C, as applicable, 
and must test their engines as specified in 40 CFR part 94 or 1042, as 
applicable.
    (c) Stationary CI internal combustion engine manufacturers must 
meet the requirements of 40 CFR 1039.120, 1039.125, 1039.130, and 
1039.135, and 40 CFR part 1068 for engines that are certified to the 
emission standards in 40 CFR part 1039. Stationary CI internal 
combustion engine manufacturers must meet the corresponding provisions 
of 40 CFR part 89, 40 CFR part 94 or 40 CFR part 1042 for engines that 
would be covered by that part if they were nonroad (including marine) 
engines. Labels on such engines must refer to stationary engines, 
rather than or in addition to nonroad or marine engines, as 
appropriate. Stationary CI internal combustion engine manufacturers 
must label their engines according to paragraphs (c)(1) through (3) of 
this section.
* * * * *
    (3) * * *
    (i) Stationary CI internal combustion engines that meet the 
requirements of this subpart and the corresponding requirements for 
nonroad (including marine) engines of the same model year and HP must 
be labeled according to the provisions in 40 CFR parts 89, 94, 1039 or 
1042, as appropriate.
    (ii) Stationary CI internal combustion engines that meet the 
requirements of this subpart, but are not certified to the standards 
applicable to nonroad (including marine) engines of the same model year 
and HP must be labeled according to the provisions in 40 CFR parts 89, 
94, 1039 or 1042, as appropriate, but the words ``stationary'' must be 
included instead of ``nonroad'' or ``marine'' on the label. In 
addition, such engines must be labeled according to 40 CFR 1039.20.
* * * * *
    (d) An engine manufacturer certifying an engine family or families 
to standards under this subpart that are identical to standards 
applicable under 40 CFR parts 89, 94, 1039 or 1042 for that model year 
may certify any such family that contains both nonroad (including 
marine) and stationary engines as a single engine family and/or may 
include any such family containing stationary engines in the averaging, 
banking and trading provisions applicable for such engines under those 
parts.
* * * * *
    13. Section 60.4211 is amended:
    a. By revising paragraph (a);
    b. By revising the second sentence in paragraph (c);
    c. By redesignating paragraph (e) as paragraph (f);
    d. By adding a new paragraph (e);
    e. By revising newly redesignated paragraph (f); and
    f. By adding paragraph (g) to read as follows:

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

    (a) If you are an owner or operator and must comply with the 
emission standards specified in this subpart, you must do all of the 
following, except as permitted under paragraph (f) of this section:
    (1) Operate and maintain the stationary CI internal combustion 
engine and control device according to the manufacturer's emission-
related written instructions;
    (2) Change only those emission-related settings that are permitted 
by the manufacturer; and
    (3) Meet the requirements of 40 CFR parts 89, 94 and/or 1068, as 
they apply to you.
* * * * *

[[Page 32625]]

    (c) * * * The engine must be installed and configured according to 
the manufacturer's emission-related specifications, except as permitted 
in paragraph (f) of this section.
* * * * *
    (e) If you are an owner or operator of a modified or reconstructed 
stationary CI internal combustion engine and must comply with the 
emission standards specified in Sec.  60.4204(e) or Sec.  60.4205(f), 
you must demonstrate compliance according to one of the methods 
specified in paragraphs (e)(1) or (2) of this section.
    (1) Purchasing, or otherwise owning or operating, an engine 
certified to the emission standards in Sec.  60.4204(e) or Sec.  
60.4205(f), as applicable.
    (2) Conducting a performance test to demonstrate initial compliance 
with the emission standards according to the requirements specified in 
Sec.  60.4212. The test must be conducted within 60 days after the 
engine commences operation after the modification or reconstruction.
    (f) If you own or operate an emergency stationary ICE, you must 
operate the engine according to the conditions described in paragraphs 
(f)(1) through (4) of this section.
    (1) For owners and operators of emergency ICE, any operation other 
than emergency operation, maintenance and testing, and operation in 
non-emergency situations for 50 hours per year, as permitted in this 
section, is prohibited.
    (2) There is no time limit on the use of emergency stationary ICE 
in emergency situations.
    (3) You may operate your emergency stationary ICE 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. 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.
    (4) You may operate your emergency stationary ICE up to 50 hours 
per year in non-emergency situations, but those 50 hours are counted 
towards the 100 hours per year provided for maintenance and testing. 
The 50 hours per year for non-emergency situations cannot be used for 
peak shaving or to generate income for a facility to supply power to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity; except that owners and operators may 
operate the emergency engine for a maximum of 15 hours per year as part 
of a demand response program if the regional transmission organization 
or equivalent balancing authority and transmission operator has 
determined there are emergency conditions that could lead to a 
potential electrical blackout, such as unusually low frequency, 
equipment overload, capacity or energy deficiency, or unacceptable 
voltage level. The engine may not be operated for more than 30 minutes 
prior to the time when the emergency condition is expected to occur, 
and the engine operation must be terminated immediately after the 
facility is notified that the emergency condition is no longer 
imminent. The 15 hours per year of demand response operation are 
counted as part of the 50 hours of operation per year provided for non-
emergency situations. The supply of emergency power to another entity 
or entities pursuant to financial arrangement is not limited by this 
paragraph (f)(4), as long as the power provided by the financial 
arrangement is limited to emergency power.
    (g) Unless you operate, maintain, install and configure your engine 
and control device according to the manufacturer's emission-related 
written instructions and change only those emission-related settings 
that are permitted by the manufacturer, you must demonstrate compliance 
as follows:
    (1) If you are an owner or operator of a stationary CI internal 
combustion engine with maximum engine power less than 100 HP, you must 
keep a maintenance plan and records of conducted maintenance to 
demonstrate compliance and must, to the extent practicable, maintain 
and operate the engine in a manner consistent with good air pollution 
control practice for minimizing emissions, but performance testing is 
required only if you do not install and configure your engine and 
control device according to the manufacturer's emission-related written 
instructions or if you change emission-related settings in a way that 
is not permitted by the manufacturer, in either of which case you must 
conduct an initial performance test within 1 year of such action.
    (2) If you are an owner or operator of a stationary CI internal 
combustion engine greater than or equal to 100 HP and less than or 
equal to 500 HP, you must keep a maintenance plan and records of 
conducted maintenance and must, to the extent practicable, maintain and 
operate the engine in a manner consistent with good air pollution 
control practice for minimizing emissions. In addition, you must 
conduct an initial performance test within 1 year of engine startup, or 
within 1 year following the change in emission-related settings or 
configuration indicated in this paragraph (g)(1)(ii), to demonstrate 
compliance.
    (3) If you are an owner or operator of a stationary CI internal 
combustion engine greater than 500 HP, you must keep a maintenance plan 
and records of conducted maintenance and must, to the extent 
practicable, maintain and operate the engine in a manner consistent 
with good air pollution control practice for minimizing emissions. In 
addition, you must conduct an initial performance test within 1 year of 
engine startup and conduct subsequent performance testing every 8,760 
hours of engine operation or 3 years, whichever comes first, thereafter 
to demonstrate compliance.
    14. Section 60.4212 is amended by revising the introductory text 
and paragraph (a) and adding paragraph (e) to read as follows:

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

    Owners and operators of stationary CI ICE with a displacement of 
less than 30 liters per cylinder who conduct performance tests pursuant 
to this subpart must do so according to paragraphs (a) through (e) of 
this section.
    (a) The performance test must be conducted according to the in-use 
testing procedures in 40 CFR part 1039, subpart F, for stationary CI 
ICE with a displacement of less than 10 liters per cylinder, and 
according to 40 CFR part 1042, subpart F, for stationary CI ICE with a 
displacement of greater than or equal to 10 liters per cylinder and 
less than 30 liters per cylinder.
* * * * *
    (e) Exhaust emissions from stationary CI ICE that are complying 
with the emission standards for new CI engines in 40 CFR part 1042 must 
not exceed the NTE standards for the same model year and maximum engine 
power as required in 40 CFR 1042.101(c)(i).
    15. Section 60.4215 is amended by revising paragraph (a) and adding 
paragraph (c) to read as follows:

[[Page 32626]]

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

    (a) Stationary CI ICE with a displacement of less than 30 liters 
per cylinder that are used in Guam, American Samoa, or the Commonwealth 
of the Northern Mariana Islands are required to meet the applicable 
emission standards in Sec. Sec.  60.4202 and 60.4205.
* * * * *
    (c) Stationary CI ICE with a displacement of greater than or equal 
to 30 liters per cylinder that are used in Guam, American Samoa, or the 
Commonwealth of the Northern Mariana Islands are required to meet the 
following emission standards:
    (1) For engines installed prior to January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 17.0 g/KW-hr (12.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 45 [middot] n-0.2 g/KW-hr (34 [middot] 
n-0.2 g/HP-hr) when maximum engine speed is 130 or more but 
less than 2,000 rpm, where n is maximum engine speed; and
    (iii) 9.8 g/KW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 
rpm or more.
    (2) For engines installed on or after January 1, 2012, limit the 
emissions of NOX in the stationary CI internal combustion 
engine exhaust to the following:
    (i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less 
than 130 rpm;
    (ii) 44 [middot] n-0.23 g/KW-hr (33 [middot] 
n-0.23 g/HP-hr) when maximum engine speed is greater than or 
equal to 130 but less than 2,000 rpm and where n is maximum engine 
speed; and
    (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is 
greater than or equal to 2,000 rpm.
    (3) Limit the emissions of PM in the stationary CI internal 
combustion engine exhaust to 0.40 g/KW-hr (0.30 g/HP-hr).
    16. Section 60.4216 is amended by revising paragraph (b) and adding 
paragraphs (c) through (e) to read as follows:

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

* * * * *
    (b) Except as indicated in paragraph (c) of this section, 
manufacturers, owners and operators of stationary CI engines located in 
areas of Alaska not accessible by the Federal Aid Highway System (FAHS) 
with a displacement of less than 10 liters per cylinder may meet the 
requirements of this subpart by manufacturing and installing engines 
meeting the requirements of 40 CFR parts 94 or 1042, as appropriate, 
rather than the otherwise applicable requirements of 40 CFR parts 89 
and 1039. Except as indicated in paragraph (c) of this section, the 
requirements of 40 CFR parts 94 and 1042 that are applicable to 
manufacturers, owners and operators of stationary CI engines located in 
areas of Alaska not accessible by the FAHS with a displacement of less 
than 10 liters per cylinder are the same as the requirements of 40 CFR 
parts 94 and 1042 indicated in this subpart that are applicable to 
manufacturers, owners and operators of engines with a displacement of 
greater than or equal to 10 liters per cylinder and less than 30 liters 
per cylinder.
    (c) Stationary CI ICE with a displacement of less than 30 liters 
per cylinder that are located in areas of Alaska not accessible by the 
FAHS may choose to meet the applicable emission standards for emergency 
engines in Sec.  60.4202 and Sec.  60.4205, and not those for non-
emergency engines in Sec.  60.4201 and Sec.  60.4204, except that for 
all of the following engines, the owner or operator of any such engine 
that was not certified as meeting Tier 4 PM standards, must meet the 
applicable requirements for PM in Sec.  60.4201 and Sec.  60.4204 or 
install a PM emission control device that achieves PM emission 
reductions of 85 percent compared to engine-out emissions:
    (1) Model year 2011 and later model year non-emergency engines with 
a maximum engine power greater than or equal to 130 KW (175 HP) and 
less than or equal to 560 KW (750 HP);
    (2) Model year 2012 and later model year non-emergency engines with 
a maximum engine power greater than or equal to 56 KW (75 HP) and less 
than 130 KW (175 HP);
    (3) Model year 2013 and later model year non-emergency engines with 
a maximum engine power greater than or equal to 19 KW (25 HP) and less 
than 56 KW (75 HP);
    (4) Model year 2015 and later model year non-emergency engines with 
a maximum engine power greater than 560 KW (750 HP).
    (d) The provisions of Sec.  60.4207 do not apply to owners and 
operators of pre-2011 model year stationary CI ICE subject to this 
subpart that are located in areas of Alaska not accessible by the FAHS.
    (e) The provisions of Sec.  60.4208(a) do not apply to owners and 
operators of stationary CI ICE subject to this subpart that are located 
in areas of Alaska not accessible by the FAHS until after December 31, 
2009.
    17. Section 60.4217 is revised to read as follows:

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

    Owners and operators of stationary CI ICE that do not use diesel 
fuel may petition the Administrator for approval of alternative 
emission standards, if they can demonstrate that they use a fuel that 
is not the fuel on which the manufacturer of the engine certified the 
engine and that the engine cannot meet the applicable standards 
required in Sec.  60.4204 or Sec.  60.4205 using such fuels and that 
use of such fuel is appropriate and reasonably necessary, considering 
cost, energy, technical feasibility, human health and environmental, 
and other factors, for the operation of the engine.
    18. Section 60.4219 is amended by:
    a. Adding definitions of ``Certified emissions life'' and ``Date of 
manufacture'' in alphabetical order;
    b. Revising the definition of ``Emergency stationary internal 
combustion engine'';
    c. Adding a definition of ``Freshly manufactured engine'' in 
alphabetical order;
    d. Adding a definition of ``Installed'' in alphabetical order;
    e. Revising the definition of ``Model year'';
    f. Adding a definition of ``Reconstruct'' in alphabetical order;
    g. Revising the definition of ``Stationary internal combustion 
engine''; and
    h. Removing the definition of ``Useful life''.
    The revisions and additions read as follows.

Sec.  60.4219  What definitions apply to this subpart?

* * * * *
    Certified emissions life means the period during which the engine 
is designed to properly function in terms of reliability and fuel 
consumption, without being remanufactured, specified as a number of 
hours of operation or calendar years, whichever comes first. The values 
for certified emissions life for stationary CI ICE with a displacement 
of less than 10 liters per cylinder are given in 40 CFR 1039.101(g). 
The values for certified emissions 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).
* * * * *

[[Page 32627]]

    Date of manufacture means one of the following things:
    (1) For freshly manufactured engines and modified engines, date of 
manufacture means the date the engine is originally produced.
    (2) For reconstructed engines, date of manufacture means the date 
the engine was originally produced, except as specified in paragraph 
(3) of this definition.
    (3) Reconstructed engines are assigned a new date of manufacture if 
the crankshaft is removed as part of the reconstruction or if the fixed 
capital cost of the new and refurbished components exceeds 75 percent 
of the fixed capital cost of a comparable new engine (see the 
definition of ``reconstruct''). An engine that is produced from a 
previously used engine block does not retain the date of manufacture of 
the engine in which the engine block was previously used if the engine 
serial number was removed (or the engine otherwise loses its identity), 
or the engine is produced using all new components except for the 
engine block. In all these cases, the date of manufacture is the date 
of reconstruction or the date the new engine is produced.
* * * * *
    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 CI ICE used for peak shaving are not considered emergency 
stationary ICE. Stationary CI ICE used to supply power to an electric 
grid or that supply non-emergency power as part of a financial 
arrangement with another entity are not considered to be emergency 
engines, except as permitted under Sec.  60.4211(e).
* * * * *
    Freshly manufactured engine means an engine that has not been 
placed into service. An engine becomes freshly manufactured when it is 
originally produced. Note that this includes an engine that is produced 
using some previously used parts if it does not retain its original 
identity.
    Installed means the engine is placed and secured at the location 
where it is intended to be operated; piping and wiring for exhaust, 
fuel, controls, etc., is installed and all connections are made; and 
the engine is capable of being started.
* * * * *
    Model year means the calendar year in which an engine is 
manufactured (see ``date of manufacture''), except as follows:
    (1) Model year means the annual new model production period of the 
engine manufacturer in which an engine is manufactured (see ``date of 
manufacture''), if the annual new model production period is different 
than the calendar year and includes 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.
    (2) 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 manufactured (see ``date of manufacture'').
* * * * *
    Reconstruct means to replace or refurbish components of an existing 
engine to such an extent that the fixed capital cost of the new and 
refurbished components exceeds 50 percent of the fixed capital cost of 
a comparable new engine. The fixed capital cost of the new and 
refurbished components includes the capital cost of each component plus 
the labor cost for the replacement or refurbishment. For purposes of 
reconstruction, an existing stationary engine is defined as including 
those components mounted to or within the cylinder block, the engine 
housings, and engine mounted components, but excluding ancillary 
components such as external cooling for fuel supply.
* * * * *
    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile 
ICE in that a stationary internal combustion engine is not a nonroad 
engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of 
that definition), and is not used to propel a motor vehicle, aircraft, 
or a vehicle used solely for competition. Stationary ICE include 
reciprocating ICE, rotary ICE, and other ICE, except combustion 
turbines.
* * * * *
    19. Table 3 to Subpart IIII of Part 60 is revised to read as 
follows:

   Table 3 to Subpart IIII of Part 60--Certification Requirements for
                      Stationary Fire Pump Engines
  [As stated in Sec.   60.4202(d), you must certify new stationary fire
         pump engines beginning with the following model years]
------------------------------------------------------------------------
                                             Starting model year engine
                                             manufacturers must certify
               Engine power                   new stationary fire pump
                                              engines according to Sec.
                                                    60.4202(d) 1
------------------------------------------------------------------------
KW  560 (HP > 750).......................                          2008
------------------------------------------------------------------------
\1\ Manufacturers of fire pump stationary CI ICE with a maximum engine
  power greater than or equal to 37 KW (50 HP) and less than 450 KW (600
  HP) and a rated speed of greater than 2,650 revolutions per minute
  (rpm) are not required to certify such engines until three model years
  following the model year indicated in this Table 3 for engines in the
  applicable engine power category.

    20. Table 8 to subpart IIII of part 60 is revised to read as 
follows:

[[Page 32628]]

             Table 8 to Subpart IIII of Part 60--Applicability of General Provisions to Subpart IIII
         [As stated in Sec.   60.4218, you must comply with the following applicable General Provisions]
----------------------------------------------------------------------------------------------------------------
 General provisions citation      Subject of citation          Applies to subpart              Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   60.1..................  General applicability of  Yes.                           ........................
                                the General Provisions.
Sec.   60.2..................  Definitions.............  Yes                            Additional terms defined
                                                                                         in Sec.   60.4219.
Sec.   60.3..................  Units and abbreviations.  Yes.                           ........................
Sec.   60.4..................  Address.................  Yes.                           ........................
Sec.   60.5..................  Determination of          Yes.                           ........................
                                construction or
                                modification.
Sec.   60.6..................  Review of plans.........  Yes.                           ........................
Sec.   60.7..................  Notification and Record-  Yes                            Except that Sec.   60.7
                                keeping.                                                 only applies as
                                                                                         specified in Sec.
                                                                                         60.4214(a).
Sec.   60.8..................  Performance tests.......  Yes                            Sec.   60.8 only applies
                                                                                         to stationary CI ICE in
                                                                                         the specific instances,
                                                                                         and with the specific
                                                                                         timing, that
                                                                                         performance tests are
                                                                                         contemplated under this
                                                                                         subpart IIII.
Sec.   60.9..................  Availability of           Yes.                           ........................
                                information.
Sec.   60.10.................  State Authority.........  Yes.                           ........................
Sec.   60.11.................  Compliance with           No                             Requirements are
                                standards and                                            specified in subpart
                                maintenance                                              IIII.
                                requirements.
Sec.   60.12.................  Circumvention...........  Yes.                           ........................
Sec.   60.13.................  Monitoring requirements.  Yes                            Except that Sec.   60.13
                                                                                         only applies to
                                                                                         stationary CI ICE with
                                                                                         a displacement of >=30
                                                                                         liters per cylinder.
Sec.   60.14.................  Modification............  Yes.                           ........................
Sec.   60.15(a)..............  Reconstruction..........  Yes.                           ........................
Sec.   60.15(b)-(c)..........  Reconstruction..........  No                             For purposes of this
                                                                                         subpart, reconstruct is
                                                                                         defined in Sec.
                                                                                         60.4219.
Sec.   60.15(d)-(g)..........  Reconstruction..........  Yes.                           ........................
Sec.   60.16.................  Priority list...........  Yes.                           ........................
Sec.   60.17.................  Incorporations by         Yes.                           ........................
                                reference.
Sec.   60.18.................  General control device    No.                            ........................
                                requirements.
Sec.   60.19.................  General notification and  Yes.                           ........................
                                reporting requirements.
----------------------------------------------------------------------------------------------------------------

Subpart JJJJ--[Amended]

    21. Section 60.4230 is amended by revising paragraphs (a) 
introductory text and (a)(5) and adding paragraph (a)(6) to read as 
follows:

Sec.  60.4230  Am I subject to this subpart?

    (a) The provisions of this subpart are applicable to manufacturers, 
owners, and operators of stationary spark ignition (SI) internal 
combustion engines (ICE) as specified in paragraphs (a)(1) through (6) 
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.
* * * * *
    (5) Owners and operators of stationary SI ICE that are modified or 
reconstructed after June 12, 2006, and any person that modifies or 
reconstructs any stationary SI ICE after June 12, 2006.
    (6) The provisions of Sec.  60.4236 of this subpart are applicable 
to all owners and operators of stationary SI ICE that commence 
construction after June 12, 2006.
* * * * *
    22. Section 60.4231 is amended by revising paragraph (a) and adding 
paragraph (g) to read as follows:

Sec.  60.4231  What emissions standards must I meet if I am a 
manufacturer of stationary SI internal combustion engines or equipment 
containing such engines?

    (a) Stationary SI internal combustion engine manufacturers must 
certify their stationary SI ICE with a maximum engine power less than 
or equal to 19 KW (25 HP) manufactured on or after July 1, 2008 to the 
certification emission standards and other requirements for new nonroad 
SI engines in 40 CFR part 90 or 1054, as follows:

------------------------------------------------------------------------
                                                  The engine must meet
                                    And          emission standards and
 If engine displacement is .   manufacturing    related requirements for
             . .              dates are . . .  nonhandheld engines under
                                                         . . .
------------------------------------------------------------------------
(1) below 225 cc............  July 1, 2008 to  40 CFR part 90.
                               December 31,
                               2011.
(2) below 225 cc............  January 1, 2012  40 CFR part 1054.
                               or later.
(3) at or above 225 cc......  July 1, 2008 to  40 CFR part 90.
                               December 31,
                               2010.
(4) at or above 225 cc......  January 1, 2011  40 CFR part 1054.
                               or later.
------------------------------------------------------------------------

* * * * *
    (g) Notwithstanding the requirements in paragraphs (a) through (c) 
of this section, stationary SI internal combustion engine manufacturers 
are not required to certify reconstructed engines; however they may 
elect to do so. The reconstructed engine must be certified to the 
emission standards specified in paragraphs (a) through (e) of this 
section that are applicable to the model year, maximum engine power and 
displacement of the reconstructed stationary SI ICE.

[[Page 32629]]

    23. Section 60.4233 is amended by revising paragraph (f) to read as 
follows:

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

* * * * *
    (f) Owners and operators of any modified or reconstructed 
stationary SI ICE subject to this subpart must meet the requirements as 
specified in paragraphs (f)(1) through (5) of this section.
    (1) Owners and operators of stationary SI ICE with a maximum engine 
power less than or equal to 19 KW (25 HP), that are modified or 
reconstructed after June 12, 2006, must comply with emission standards 
in Sec.  60.4231(a) for their stationary SI ICE. Engines with a date of 
manufacture prior to July 1, 2008 must comply with the emission 
standards specified in Sec.  60.4231(a) applicable to engines 
manufactured on July 1, 2008.
    (2) Owners and operators of stationary SI ICE with a maximum engine 
power greater than 19 KW (25 HP) that are gasoline engines and are 
modified or reconstructed after June 12, 2006, must comply with the 
emission standards in Sec.  60.4231(b) for their stationary SI ICE. 
Engines with a date of manufacture prior to July 1, 2008 (or January 1, 
2009 for emergency engines) must comply with the emission standards 
specified in Sec.  60.4231(b) applicable to engines manufactured on 
July 1, 2008 (or January 1, 2009 for emergency engines).
    (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 Sec.  
60.4231(c). Engines with a date of manufacture prior to July 1, 2008 
(or January 1, 2009 for emergency engines) must comply with the 
emission standards specified in Sec.  60.4231(c) applicable to engines 
manufactured on July 1, 2008 (or January 1, 2009 for emergency 
engines).
    (4) Owners and operators of stationary SI natural gas and lean burn 
LPG engines with a maximum engine power greater than 19 KW (25 HP), 
that are modified or reconstructed after June 12, 2006, must comply 
with the same emission standards as those specified in paragraph (d) or 
(e) of this section, except that such owners and operators of non-
emergency engines and emergency engines greater than or equal to 130 HP 
must meet a nitrogen oxides (NOX) emission standard of 3.0 
grams per HP-hour (g/HP-hr), a CO emission standard of 4.0 g/HP-hr (5.0 
g/HP-hr for non-emergency engines less than 100 HP), and a volatile 
organic compounds (VOC) emission standard of 1.0 g/HP-hr, or a 
NOX emission standard of 250 ppmvd at 15 percent oxygen 
(O2), a CO emission standard 540 ppmvd at 15 percent 
O2 (675 ppmvd at 15 percent O2 for non-emergency 
engines less than 100 HP), and a VOC emission standard of 86 ppmvd at 
15 percent O2, where the date of manufacture of the engine 
is:
    (i) Prior to July 1, 2007, for non-emergency engines with a maximum 
engine power greater than or equal to 500 HP;
    (ii) Prior to July 1, 2008, for non-emergency engines with a 
maximum engine power less than 500 HP;
    (iii) Prior to January 1, 2009, for emergency engines.
    (5) Owners and operators of stationary SI landfill/digester gas ICE 
engines with a maximum engine power greater than 19 KW (25 HP), that 
are modified or reconstructed after June 12, 2006, must comply with the 
same emission standards as those specified in paragraph (e) of this 
section for stationary landfill/digester gas engines. Engines with 
maximum engine power less than 500 HP and a date of manufacture prior 
to July 1, 2008 must comply with the emission standards specified in 
paragraph (e) of this section for stationary landfill/digester gas ICE 
with a maximum engine power less than 500 HP manufactured on July 1, 
2008. Engines with a maximum engine power greater than or equal to 500 
HP (except lean burn engines greater than or equal to 500 HP and less 
than 1,350 HP) and a date of manufacture prior to July 1, 2007 must 
comply with the emission standards specified in paragraph (e) of this 
section for stationary landfill/digester gas ICE with a maximum engine 
power greater than or equal to 500 HP (except lean burn engines greater 
than or equal to 500 HP and less than 1,350 HP) manufactured on July 1, 
2007. Lean burn engines greater than or equal to 500 HP and less than 
1,350 HP with a date of manufacture prior to January 1, 2008 must 
comply with the emission standards specified in paragraph (e) of this 
section for stationary landfill/digester gas ICE that are lean burn 
engines greater than or equal to 500 HP and less than 1,350 HP and 
manufactured on January 1, 2008.
* * * * *
    24. Section 60.4241 is amended by revising the first sentence in 
paragraph (b) to read as follows:

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?

* * * * *
    (b) Manufacturers of engines other than those certified to 
standards in 40 CFR part 90 or 40 CFR part 1054 must certify their 
stationary SI ICE using the certification procedures required in 40 CFR 
part 1048, subpart C, and must follow the same test procedures that 
apply to large SI nonroad engines under 40 CFR part 1048, but must use 
the D-1 cycle of International Organization of Standardization 8178-4: 
1996(E) (incorporated by reference, see 40 CFR 60.17) or the test cycle 
requirements specified in Table 3 to 40 CFR 1048.505, except that Table 
3 of 40 CFR 1048.505 applies to high load engines only. * * *
* * * * *
    25. Section 60.4243 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Revising paragraph (a)(1);
    c. Revising paragraph (d); and
    d. Adding paragraph (i) to read as follows:

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

    (a) If you are an owner or operator of a stationary SI internal 
combustion engine that is manufactured after July 1, 2008, and must 
comply with the emission standards specified in Sec.  60.4233(a) 
through (c), you must comply by purchasing an engine certified to the 
emission standards in Sec.  60.4231(a) through (c), as applicable, for 
the same engine class and maximum engine power. In addition, you must 
meet one of the requirements specified in (a)(1) and (2) of this 
section.
    (1) If you operate and maintain the certified stationary SI 
internal combustion engine and control device according to the 
manufacturer's emission-related written instructions, you must keep 
records of conducted maintenance to demonstrate compliance, but no 
performance testing is required if you are an owner or operator. You 
must also meet the requirements as specified in 40 CFR part 1068, 
subparts A through D, as they apply to you. If you adjust engine 
settings according to and consistent with the manufacturer's 
instructions, your stationary SI internal combustion engine will not be 
considered out of compliance.
* * * * *
    (d) If you own or operate an emergency stationary ICE, you must

[[Page 32630]]

operate the engine according to the conditions described in paragraphs 
(d)(1) through (4) of this section.
    (1) For owners and operators of emergency ICE, any operation other 
than emergency operation, maintenance and testing, and operation in 
non-emergency situations for 50 hours per year, as permitted in this 
section, is prohibited.
    (2) There is no time limit on the use of emergency stationary ICE 
in emergency situations.
    (3) You may operate your emergency stationary ICE 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. 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.
    (4) You may operate your emergency stationary ICE up to 50 hours 
per year in non-emergency situations, but those 50 hours are counted 
towards the 100 hours per year provided for maintenance and testing. 
The 50 hours per year for non-emergency situations cannot be used for 
peak shaving or to generate income for a facility to supply power to an 
electric grid or otherwise supply power as part of a financial 
arrangement with another entity; except that owners and operators may 
operate the emergency engine for a maximum of 15 hours per year as part 
of a demand response program if the regional transmission organization 
or equivalent balancing authority and transmission operator has 
determined there are emergency conditions that could lead to a 
potential electrical blackout, such as unusually low frequency, 
equipment overload, capacity or energy deficiency, or unacceptable 
voltage level. The engine may not be operated for more than 30 minutes 
prior to the time when the emergency condition is expected to occur, 
and the engine operation must be terminated immediately after the 
facility is notified that the emergency condition is no longer 
imminent. The 15 hours per year of demand response operation are 
counted as part of the 50 hours of operation per year provided for non-
emergency situations. The supply of emergency power to another entity 
or entities pursuant to financial arrangement is not limited by this 
paragraph (d)(4), as long as the power provided by the financial 
arrangement is limited to emergency power.
* * * * *
    (i) If you are an owner or operator of a modified or reconstructed 
stationary SI internal combustion engine and must comply with the 
emission standards specified in Sec.  60.4233(f), you must demonstrate 
compliance according to one of the methods specified in paragraphs 
(i)(1) or (2) of this section.
    (1) Purchasing, or otherwise owning or operating, an engine 
certified to the emission standards in Sec.  60.4233(f), as applicable.
    (2) Conducting a performance test to demonstrate initial compliance 
with the emission standards according to the requirements specified in 
Sec.  60.4244. The test must be conducted within 60 days after the 
engine commences operation after the modification or reconstruction.
    26. Section 60.4248 is amended by:
    a. Revising the definition of ``Certified emissions life'';
    b. Adding a definition for ``Date of manufacture'' in alphabetical 
order;
    c. Revising the definition of ``Emergency stationary internal 
combustion engine'';
    d. Adding a definition for ``Freshly manufactured engine'' in 
alphabetical order;
    e. Adding a definition for ``Installed'' in alphabetical order;
    f. Revising the definition of ``Model year'';
    g. Adding a definition of ``Reconstruct'' in alphabetical order;
    h. Revising the definition of ``Stationary internal combustion 
engine''; and
    i. Revising the definition of ``Stationary internal combustion 
engine test cell/stand'' to read as follows:

Sec.  60.4248  What definitions apply to this subpart?

* * * * *
    Certified emissions life means the period during which the engine 
is designed to properly function in terms of reliability and fuel 
consumption, without being remanufactured, specified as a number of 
hours of operation or calendar years, whichever comes first. The values 
for certified emissions life for stationary SI ICE with a maximum 
engine power less than or equal to 19 KW (25 HP) are given in 40 CFR 
90.105, 40 CFR 1054.107, and 40 CFR 1060.101, as appropriate. The 
values for certified emissions life for stationary SI ICE with a 
maximum engine power greater than 19 KW (25 HP) certified to 40 CFR 
part 1048 are given in 40 CFR 1048.101(g). The certified emissions life 
for stationary SI ICE with a maximum engine power greater than 75 KW 
(100 HP) certified under the voluntary manufacturer certification 
program of this subpart is 5,000 hours or 7 years, whichever comes 
first. You may request in your application for certification that we 
approve a shorter certified emissions life for an engine family. We may 
approve a shorter certified emissions life, in hours of engine 
operation but not in years, if we determine that these engines will 
rarely operate longer than the shorter certified emissions life. If 
engines identical to those in the engine family have already been 
produced and are in use, your demonstration must include documentation 
from such in-use engines. In other cases, your demonstration must 
include an engineering analysis of information equivalent to such in-
use data, such as data from research engines or similar engine models 
that are already in production. Your demonstration must also include 
any overhaul interval that you recommend, any mechanical warranty that 
you offer for the engine or its components, and any relevant customer 
design specifications. Your demonstration may include any other 
relevant information. The certified emissions life value may not be 
shorter than any of the following:
    (1) 1,000 hours of operation.
    (2) Your recommended overhaul interval.
    (3) Your mechanical warranty for the engine.
* * * * *
    Date of manufacture means one of the following things:
    (1) For freshly manufactured engines and modified engines, date of 
manufacture means the date the engine is originally produced.
    (2) For reconstructed engines, date of manufacture means the date 
the engine was originally produced, except as specified in paragraph 
(3) of this definition.
    (3) Reconstructed engines are assigned a new date of manufacture if 
the crankshaft is removed as part of the reconstruction or if the fixed 
capital cost of the new and refurbished components exceeds 75 percent 
of the fixed capital cost of a comparable new engine (see the 
definition of ``reconstruct''). An engine that is produced from a 
previously used engine block does not retain the date of manufacture of 
the engine in which the engine block was previously used if the engine 
serial number was removed (or the engine otherwise loses its identity), 
or the engine is produced using all new components except for the 
engine block.

[[Page 32631]]

In all these cases, the date of manufacture is the date of 
reconstruction or the date the new engine is produced.
* * * * *
    Emergency stationary internal combustion engine means any 
stationary internal combustion engine whose operation is limited to 
emergency situations and required testing and maintenance. Examples 
include stationary ICE used to produce power for critical networks or 
equipment (including power supplied to portions of a facility) when 
electric power from the local utility (or the normal power source, if 
the facility runs on its own power production) is interrupted, or 
stationary ICE used to pump water in the case of fire or flood, etc. 
Stationary SI ICE used for peak shaving are not considered emergency 
stationary ICE. Stationary SI ICE used to supply power to an electric 
grid or that supply non-emergency power as part of a financial 
arrangement with another entity are not considered to be emergency 
engines, except as permitted under Sec.  60.4243(d).
* * * * *
    Freshly manufactured engine means an engine that has not been 
placed into service. An engine becomes freshly manufactured when it is 
originally produced. Note that this includes an engine that is produced 
using some previously used parts if it does not retain its original 
identity.
* * * * *
    Installed means the engine is placed and secured at the location 
where it is intended to be operated; piping and wiring for exhaust, 
fuel, controls, etc., is installed and all connections are made; and 
the engine is capable of being started.
* * * * *
    Model year means the calendar year in which an engine is 
manufactured (see ``date of manufacture''), except as follows:
    (1) Model year means the annual new model production period of the 
engine manufacturer in which an engine is manufactured (see ``date of 
manufacture''), if the annual new model production period is different 
than the calendar year and includes 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.
    (2) 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 manufactured (see ``date of manufacture'').
* * * * *
    Reconstruct means to replace or refurbish components of an existing 
engine to such an extent that the fixed capital cost of the new and 
refurbished components exceeds 50 percent of the fixed capital cost of 
a comparable new engine. The fixed capital cost of the new and 
refurbished components includes the capital cost of each component plus 
the labor cost for the replacement or refurbishment. For purposes of 
reconstruction, an existing stationary engine is defined as including 
those components mounted to or within the cylinder block, the engine 
housings, and engine mounted components, but excluding ancillary 
components such as external cooling for fuel supply.
* * * * *
    Stationary internal combustion engine means any internal combustion 
engine, except combustion turbines, that converts heat energy into 
mechanical work and is not mobile. Stationary ICE differ from mobile 
ICE in that a stationary internal combustion engine is not a nonroad 
engine as defined at 40 CFR 1068.30 (excluding paragraph (2)(ii) of 
that definition), and is not used to propel a motor vehicle, aircraft, 
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 40 CFR part 63 subpart PPPPP, 
that tests stationary ICE.
* * * * *
    27. Table 2 to Subpart JJJJ of Part 60 is revised to read as 
follows:

                     Table 2 to Subpart JJJJ of Part 60--Requirements for Performance Tests
  [As stated in Sec.   60.4244, you must comply with the following requirements for performance tests within 10
                         percent of 100 percent peak (or the highest achievable) load:]
----------------------------------------------------------------------------------------------------------------
                                                                                               According to the
            For each             Complying with the        You must              Using             following
                                    requirement to                                               requirements
----------------------------------------------------------------------------------------------------------------
1. Stationary SI internal        a. Limit the        i. Select the        (1) Method 1 or 1A  (a) If using a
 combustion engine                concentration of    sampling port        of 40 CFR part      control device,
 demonstrating compliance         NOX in the          location and the     60, Appendix A or   the sampling site
 according to Sec.   60.4244.     stationary SI       number of traverse   ASTM Method D6522-  must be located
                                  internal            points;              00(2005) \a\.       at the outlet of
                                  combustion engine  ii. Determine the    (2) Method 3, 3A,    the control
                                  exhaust.            O2 concentration     or 3B \b\ of 40     device.
                                                      of the stationary    CFR part 60,       (b) Measurements
                                                      internal             appendix A or       to determine O2
                                                      combustion engine    ASTM Method D6522-  concentration
                                                      exhaust at the       00(2005) \a\.       must be made at
                                                      sampling port                            the same time as
                                                      location;                                the measurements
                                                                                               for NOX
                                                                                               concentration.
                                                     iii. Determine the   (3) Method 2 or 19  ..................
                                                      exhaust flowrate     of 40 CFR part 60.
                                                      of the stationary
                                                      internal
                                                      combustion engine
                                                      exhaust;
                                                     iv. If necessary,    (4) Method 4 of 40  (c) Measurements
                                                      measure moisture     CFR part 60,        to determine
                                                      content of the       appendix A,         moisture must be
                                                      stationary           Method 320 of 40    made at the same
                                                      internal             CFR part 63,        time as the
                                                      combustion engine    appendix A, or      measurement for
                                                      exhaust at the       ASTM D 6348-03      NOX
                                                      sampling port        (incorporated by    concentration.
                                                      location; and        reference, see
                                                                           Sec.   60.17).

[[Page 32632]]

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

[[Page 32633]]

                                                     v. Measure VOC at    (5) Methods 25A     (d) Results of
                                                      the exhaust of the   and 18 of 40 CFR    this test consist
                                                      stationary           part 60, appendix   of the average of
                                                      internal             A, Method 25A       the three 1-hour
                                                      combustion engine    with the use of a   or longer runs.
                                                                           methane cutter as
                                                                           described in 40
                                                                           CFR 1065.265,
                                                                           Method 18 or 40
                                                                           CFR part 60,
                                                                           appendix A c d,
                                                                           Method 320 of 40
                                                                           CFR part 63,
                                                                           appendix A, or
                                                                           ASTM D 6348-03
                                                                           (incorporated by
                                                                           reference, see
                                                                           Sec.   60.17).
----------------------------------------------------------------------------------------------------------------

    28. Table 3 to Subpart JJJJ of Part 60 is revised to read as 
follows:

             Table 3 to Subpart JJJJ of Part 60--Applicability of General Provisions to Subpart JJJJ
         [As stated in Sec.   60.4246, you must comply with the following applicable General Provisions]
----------------------------------------------------------------------------------------------------------------
    General provisions citation        Subject of citation        Applies to subpart            Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   60.1........................  General applicability   Yes........................
                                      of the General
                                      Provisions.
Sec.   60.2........................  Definitions...........  Yes........................  Additional terms
                                                                                           defined in Sec.
                                                                                           60.4248.
Sec.   60.3........................  Units and               Yes........................
                                      abbreviations.
Sec.   60.4........................  Address...............  Yes........................
Sec.   60.5........................  Determination of        Yes........................
                                      construction or
                                      modification.
Sec.   60.6........................  Review of plans.......  Yes........................
Sec.   60.7........................  Notification and        Yes........................  Except that Sec.
                                      Recordkeeping.                                       60.7 only applies as
                                                                                           specified in Sec.
                                                                                           60.4245.
Sec.   60.8........................  Performance tests.....  Yes........................  Except that Sec.
                                                                                           60.8 only applies to
                                                                                           owners and operators
                                                                                           who are subject to
                                                                                           performance testing
                                                                                           in subpart JJJJ.
Sec.   60.9........................  Availability of         Yes........................
                                      information.
Sec.   60.10.......................  State Authority.......  Yes........................
Sec.   60.11.......................  Compliance with         Yes........................  Requirements are
                                      standards and                                        specified in subpart
                                      maintenance                                          JJJJ.
                                      requirements.
Sec.   60.12.......................  Circumvention.........  Yes........................
Sec.   60.13.......................  Monitoring              No.........................
                                      requirements.
Sec.   60.14.......................  Modification..........  Yes........................
Sec.   60.15(a)....................  Reconstruction........  Yes........................
Sec.   60.15(b)-(c)................  Reconstruction........  No.........................  For purposes of this
                                                                                           subpart, reconstruct
                                                                                           is defined in Sec.
                                                                                           60.4248
Sec.   60.15(d)-(g)................  Reconstruction........  Yes........................
Sec.   60.16.......................  Priority list.........  Yes........................
Sec.   60.17.......................  Incorporations by       Yes........................
                                      reference.
Sec.   60.18.......................  General control device  No.........................
                                      requirements.
Sec.   60.19.......................  General notification    Yes........................
                                      and reporting
                                      requirements.
----------------------------------------------------------------------------------------------------------------

PART 1039 --[AMENDED]

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

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

    30. Section 1039.20 is amended by revising paragraph (a) 
introductory text and paragraph (c) to read as follows:

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

* * * * *
    (a) You must add a permanent label or tag to each new engine you 
produce or import that is excluded under Sec.  1039.1(c) as a 
stationary engine and is not required by 40 CFR part 60, subpart IIII, 
to meet the requirements of this part 1039, or the requirements of 
parts 89, 94 or 1042, that are equivalent to the requirements 
applicable to marine or land-based nonroad 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 IIII, to 
meet the requirements of this part 1039, or part

[[Page 32634]]

89, 94 or 1042, must meet the labeling requirements of 40 CFR 60.4210.

PART 1042 --[AMENDED]

    31. The authority citation for part 1042 continues to read as 
follows:

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

    32. Section 1042.1 is amended by adding paragraph (h) to read as 
follows:

Sec.  1042.1  Applicability

* * * * *
    (h) Starting with the model years noted in Table 1 of this section, 
all of the subparts of this part, except subpart I, apply as specified 
in 40 CFR part 60, subpart IIII, to freshly manufactured stationary 
compression-ignition engines subject to the standards of 40 CFR part 
60, subpart IIII, that have a per-cylinder displacement at or above 10 
liters and below 30 liters per cylinder. Such engines are considered 
Category 2 engines for purposes of this part 1042.

PART 1065--[AMENDED]

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

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

    34. Section 1065.1 is amended by revising paragraphs (a)(3) and 
(a)(4) to read as follows:

Sec.  1065.1  Applicability

    (a) * * *
    (3) Nonroad diesel engines we regulate under 40 CFR part 1039 and 
stationary compression-ignition engines that are certified to the 
standards in 40 CFR part 1039, as specified in 40 CFR part 60, subpart 
IIII. For earlier model years, manufacturers may use the test 
procedures in this part or those specified in 40 CFR part 89 according 
to Sec.  1065.10.
    (4) Marine diesel engines we regulate under 40 CFR part 1042 and 
stationary compression-ignition engines that are certified to the 
standards in 40 CFR part 1042, as specified in 40 CFR part 60, subpart 
IIII. For earlier model years, manufacturers may use the test 
procedures in this part or those specified in 40 CFR part 94 according 
to Sec.  1065.10.
* * * * *

PART 1068--[AMENDED]

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

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

    36. Section 1068.1 is amended by revising paragraph (a)(3) to read 
as follows:

Sec.  1068.1  Does this part apply to me?

    (a) * * *
    (3) Stationary compression-ignition engines certified using the 
provisions of 40 CFR parts 1039 or 1042, as indicated in 40 CFR part 
60, subpart IIII.
* * * * *
[FR Doc. 2010-12911 Filed 6-7-10; 8:45 am]
BILLING CODE 6560-50-P
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