Vol. 76 Tuesday, 

No. 124 June 28, 2011 

Part III 

Environmental Protection Agency 

40 CFR Parts 60, 1039, 1042 et al. 

Standards of Performance for Stationary Compression Ignition and Spark 

Ignition Internal Combustion Engines; Final Rule 


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37954 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 1039, 1042, 1065, 

1068 

[EPA–HQ–OAR–2010–0295, FRL–9319–5] 

RIN 2060–AP67 

Standards of Performance for 

Stationary Compression Ignition and 

Spark Ignition Internal Combustion 

Engines 

AGENCY: The Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is finalizing 

revisions to the standards of 

performance for new stationary 

compression ignition internal 

combustion engines under section 

111(b) of the Clean Air Act. The final 

rule requires 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. In addition, the action 

revises 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 remote portions of Alaska that are not 

accessible by the Federal Aid Highway 

System. The action also provides 

additional flexibility to owners and 

operators of affected engines, and 

corrects minor mistakes in the original 

standards of performance. Finally, the 

action makes minor revisions to the 

standards of performance for new 

stationary spark ignition internal 

combustion engines to correct minor 

errors and to mirror certain revisions 

finalized for compression ignition 

engines, which provides consistency 

where appropriate for the regulation of 

stationary internal combustion engines. 

The final standards will 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 in the year 

2030. 

DATES: This final rule is effective on 

August 29, 2011. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2010–0295. The 

EPA also relies on materials in Docket 

ID Nos. EPA–HQ–OAR–2005–0029 and 

EPA–HQ–OAR–2003–0190, and 

incorporates those dockets into the 

record for this final rule. All documents 

in the docket are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

EPA Headquarters Library, Room 

Number 3334, EPA West Building, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m. Eastern Standard Time (EST), 

Monday through Friday. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air and Radiation 

Docket and Information Center is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Melanie King, Energy Strategies Group, 

Sector Policies and Programs Division 

(D243–01), Environmental Protection 

Agency, Research Triangle Park, North 

Carolina 27711; telephone number (919) 

541–2469; facsimile number (919) 541– 

5450; e-mail address 

king.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background Information Document. On 

June 8, 2010 (75 FR 32612), the EPA 

proposed amendments to the standards 

of performance for stationary 

compression ignition and spark ignition 

engines. A summary of the public 

comments on the proposal and the 

EPA’s responses to the comments, as 

well as the Economic Impact and Small 

Business Analysis Report, are available 

in Docket ID No. EPA–HQ–OAR–2010– 

0295. 

Organization of This Document. The 

following outline is provided to aid in 

locating information in the preamble. 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this 

document? 

C. Judicial Review 

II. Background 

III. Summary of the Final Amendments 

A. Standards for New Engines With 

Displacement Greater Than or Equal to 

10 l/cyl and Less Than 30 l/cyl 

B. Standards for Engines With 

Displacement Greater Than or Equal to 

30 l/cyl 

C. Compliance Requirements for Owners 

and Operators 

D. Temporary Replacement Engines 

E. Requirements for Engines Located in 

Remote Areas of Alaska 

F. Reconstruction 

G. Minor Corrections and Revisions 

IV. Summary of Significant Changes Since 

Proposal 

A. Definitions 

B. Emission Standards and Fuel 

Requirements 

C. Requirements for Emergency Engines 

D. Other 

V. Summary of Responses to Major 

Comments 

A. Fuel Requirements for Engines With a 

Displacement Greater Than or Equal to 

30 Liters/Cylinder 

B. Operating and Maintenance 

Requirements 

C. Engines Located in Remote Alaska 

D. Emission Standards for Marine Engines 

E. Test Methods 

F. Definitions 

VI. Summary of Environmental, Energy and 

Economic Impacts 

A. What are the air quality impacts? 

B. What are the cost impacts? 

C. What are the economic impacts? 

D. What are the non-air health, 

environmental and energy impacts? 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

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 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

A. Does this action apply to me? 

Regulated Entities. Categories and 

entities potentially regulated by this 

action include: 


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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37955 

Category NAICS1 Examples of regulated entities 

Any manufacturer that produces or any industry using a stationary internal combustion engine as defined in the final rule.2211 Electric power generation, transmission, or distribution. 

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 of this final rule. If 

you have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this final 

action will also be available on the 

Worldwide Web (WWW) through the 

Technology Transfer Network (TTN). 

Following signature, a copy of this final 

action will be posted on the TTN’s 

policy and guidance page for newly 

proposed or promulgated rules at the 

following address: http://www.epa.gov/ 

ttn/oarpg/. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

C. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act (CAA), judicial review of this 

final rule is available only by filing a 

petition for review in the U.S. Court of 

Appeals for the District of Columbia 

Circuit by August 29, 2011. Under 

section 307(d)(7)(B) of the CAA, only an 

objection to this final rule that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

Moreover, under section 307(b)(2) of the 

CAA, the requirements established by 

this final rule may not be challenged 

separately in any civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

Section 307(d)(7)(B) of the CAA 

further provides that ‘‘[o]nly an 

objection to a rule or procedure which 

was raised with reasonable specificity 

during the period for public comment 

(including any public hearing) may be 

raised during judicial review.’’ This 

section also provides a mechanism for 

the EPA to convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, U.S. EPA, Room 3000, 

Ariel Rios Building, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, with 

a copy to both the person(s) listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), U.S. EPA, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

II. Background 

This action promulgates revisions to 

the new source performance standards 

(NSPS) for new compression ignition 

(CI) stationary internal combustion 

engines (ICE). The NSPS were originally 

promulgated on July 11, 2006 (71 FR 

39153). New source performance 

standards implement section 111(b) of 

the CAA, and are issued for categories 

of sources which cause, or contribute 

significantly to, air pollution which may 

reasonably be anticipated to endanger 

public health or welfare. The standards 

apply to new stationary sources of 

emissions, i.e., sources whose 

construction, reconstruction, or 

modification begins after a standard for 

those sources is proposed. 

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 

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. 

For engines with displacement greater 

than or equal to 30 l/cyl, the standards 

were based on evidence collected for 

those specified engines. 

Following promulgation of the initial 

NSPS, the EPA received several 

comments from interested parties 

regarding aspects of the final rule. In 

particular, the Engine Manufacturers 

Association (EMA) stated its belief that 

the standards promulgated for engines 

with displacement greater than or equal 

to 30 l/cyl were not feasible, especially 

for those engines located in 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 

the 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 

that were different from those 

recommended by manufacturers, yet 

would still provide good emission 

control practice for minimizing 

emissions. API also had other comments 

regarding the final rule, including 

concerns regarding use of the term 

‘‘useful life’’ in the stationary engine 

context, and concerns that temporary 

portable engines would be treated as 

subject to NSPS requirements beyond 

the requirements for nonroad engines. 

These amendments address the 

comments received from EMA and API. 

Additionally, on June 30, 2008, the 

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, the EPA promulgated 

final fuel requirements and standards 

regulating emissions from marine 


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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). The EPA is 

revising the NSPS for stationary CI 

engines with a displacement greater 

than or equal to 10 l/cyl to align them 

with the standards for similar marine 

engines. 

Also, on October 31, 2008, the State 

of Alaska, pursuant to the provision in 

the final NSPS for CI engines allowing 

it to request alternative provisions for 

remote Alaska, requested that the EPA 

make certain changes in its 

requirements to account for 

circumstances in remote Alaska that are 

different from those in the rest of the 

United States. These amendments revise 

the NSPS for stationary CI engines to 

address issues raised by the State of 

Alaska in its request. 

On January 18, 2008, the 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. 

Therefore, the EPA is making minor 

revisions to the NSPS for stationary SI 

engines to maintain consistency with 

the NSPS for stationary CI engines. In 

addition, the EPA received comments 

indicating minor errors in the 

regulations for SI engines. While the 

EPA is not making any significant 

changes to the SI regulations in this 

rule, except for those to maintain 

consistency, the EPA is correcting 

certain minor errors in the NSPS for 

stationary SI engines in this rule. 

III. Summary of the Final Amendments 

A. Standards for New Engines With 

Displacement Greater Than or Equal to 

10 l/cyl and Less Than 30 l/cyl 

The EPA is incorporating the 

standards for new marine engines that 

were promulgated on June 30, 2008 (73 

FR 37095), into the NSPS for new 

stationary CI ICE 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 

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. The EPA 

is, therefore, basing the standards for 

non-emergency stationary CI ICE with a 

displacement between 10 l/cyl and 30 l/ 

cyl on the technologies identified in the 

June 30, 2008, rulemaking that are 

expected to be used to meet the 

emission standards for marine CI 

engines. 

The final standards would not take 

effect until 2013, at the earliest. The 

standards are summarized in Tables 1 

and 2 in this preamble. 

TABLE 1—FIRST TIER STANDARDS FOR STATIONARY CI ENGINES WITH A DISPLACEMENT ≥10 AND <30 LITERS PER

CYLINDER A

Engine displacement (liters per cylinder) Maximum engine power 

PM 

g/HP-hr 

(g/KW-hr) 

NOX+HC 

g/HP-hr 

(g/KW-hr) 

Model year 

10.0≤displacement<15.0 ............................................................ <2,000 KW ........................................ 0.10 

(0.14) 

4.6 

(6.2) 

2013+ 

10.0≤displacement<15.0 ............................................................ 2,000≤KW<3,700 ............................... 0.10 

(0.14) 

5.8 

(7.8) 

2013+ 

15.0≤displacement<20.0 ............................................................ <2,000 KW ........................................ 0.25 

(0.34) 

5.2 

(7.0) 

2014+ 

20.0≤displacement<25.0 ............................................................ <2,000 KW ........................................ 0.20 

(0.27) 

7.3 

(9.8) 

2014+ 

25.0≤displacement<30.0 ............................................................ <2,000 KW ........................................ 0.20 

(0.27) 

8.2 

(11.0) 

2014+ 

aSee note (b) of Table 2 for optional standards. 

TABLE 2—SECOND TIER STANDARDS FOR STATIONARY CI ENGINES WITH A DISPLACEMENT ≥10 AND <30 LITERS PER

CYLINDER

Engine displacement (liters per cylinder) Maximum engine power 

PM 

g/HP-hr 

(g/KW-hr) 

NOX

g/HP-hr 

(g/KW-hr) 

HC 

g/HP-hr 

(g/KW-hr) 

Model year 

All ......................................................................... 600≤KW<1,400 ................................ 0.03 

(0.04) 

1.3 

(1.8) 

0.14 

(0.19) 

2017+ a

All ......................................................................... 1,400≤KW<2,000 ............................. 0.03 

(0.04) 

1.3 

(1.8) 

0.14 

(0.19) 

2016+ b

All ......................................................................... 2,000≤KW<3,700 ............................. 0.03c

(0.04) 

1.3 

(1.8) 

0.14 

(0.19) 

2014+ b

<15.0 .................................................................... 0.09 

(0.12) 

1.3 

(1.8) 

0.14 

(0.19) 

2014– 

2015 b

15.0≤displacement <30.0 ..................................... ≥3,700 KW ....................................... 0.19 

(0.25) 

1.3 

(1.8) 

0.14 

(0.19) 

2014– 

2015 b

All ......................................................................... 0.04 

(0.06) 

1.3 

(1.8) 

0.14 

(0.19) 

2016+ a

aOptional compliance start dates can be used within these model years; see 40 CFR 1042.101(a)(8). 

bOption: 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. 


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c Interim Tier 4 PM standards for 2014 and 2015 model year engines with a displacement at or above 15 liters per cylinder are 0.25 g/HP-hr 

(0.34 g/KW-hr) for engines 2,000≤KW<3,300 and 0.20 g/HP-hr (0.27 g/KW-hr) for engines 3,300≤KW<3,700. 

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 has already been used for other 

similar mobile and stationary engines, 

like catalyzed diesel particulate filters 

(CDPF) and selective catalytic reduction 

(SCR). 

B. Standards for Engines With 

Displacement Greater Than or Equal to 

30 l/cyl 

In the initial final NSPS, the 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)). 

Owners and operators 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 remote areas of 

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, the 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. The 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 the EPA take the same 

approach to emergency engines with 

displacement greater than or equal to 30 

l/cyl as the EPA takes for smaller 

emergency engines. For other 

emergency engines, the 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 stated 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, the 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 

the EPA on April 30, 2010 (75 FR 

22896), for marine engines with 

displacement at or above 30 l/cyl. While 

the technology required by the existing 

NSPS has been used on other stationary 

engines, the 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 lead time 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 the 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 17.0 g/KW-hr (12.7 

g/HP-hr) when maximum engine speed 

is less than 130 revolutions per minute 

(rpm); 45 · n¥0.2 g/KW-hr (34 · n¥0.2 g/ 

HP-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, the EPA is finalizing 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 · n¥0.23 g/KWhr (33 · n¥0.23 g/HP-hr) where n 

(maximum engine speed) is 130 or more 

but less than 2,000 rpm; and 7.7 g/KWhr (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, the EPA is finalizing a more 

stringent standard that presumes the use 

of aftertreatment. The levels are 3.4 g/ 

KW-hr (2.5 g/HP-hr) when maximum 

engine speed is less than 130 rpm; 9.0 

· n¥0.20 g/KW-hr (6.7 · n¥0.20 g/HP-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 the EPA believes that 

SCR can be installed on such engines 

even where high sulfur fuel is being 

used, the 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. The 

EPA also notes that the areas in question 

do not have any significant ozone 

problem. The EPA, therefore, is not 

requiring the more stringent standards 

that would otherwise apply beginning 

in 2016 in these areas. 

Similarly, the EPA is not requiring the 

more stringent, aftertreatment-forcing 

NOX standards for emergency engines 

with displacement at or above 30 l/cyl. 

As the commenters noted, the 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. The EPA agrees that 

similar concerns are present for 

emergency engines in this power 

category. 

The EPA is also modifying its fuel 

requirements for engines with 

displacement at or above 30 l/cyl. The 

final rule promulgated by the 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. The 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 on 

June 1, 2012. 


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The EPA agrees that the numerical 

standards for PM promulgated in the 

original final rule would be very 

difficult, if not impossible, to achieve 

using high sulfur fuel. The 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. 

The EPA is finalizing a standard of 0.40 

g/KW-hr (0.30 g/HP-hr). Given the 

substantial health concerns associated 

with diesel PM emissions, the EPA 

believes it is appropriate to require this 

level for all engines where low sulfur 

fuel is not required. Similarly, the EPA 

is revising 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. 

The EPA is not changing the PM 

standard for non-emergency engines in 

areas where the lower sulfur fuel is 

available. As the EPA explained in the 

original NSPS, the 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. 

C. Compliance Requirements for Owners 

and Operators 

In the original final NSPS for 

stationary CI ICE, the EPA required all 

engines to be installed, configured, 

operated, and maintained according to 

the specifications and instructions 

provided by the engine manufacturer. 

The 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 NSPS for both CI 

and SI ICE, the EPA believes in this 

circumstance and with certain 

safeguards, it is appropriate to provide 

flexibility to owners and operators to 

follow alternative operation and 

maintenance procedures. Therefore, the 

EPA is revising 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, the EPA will need greater 

assurance that the engine is meeting 

emission requirements because the 

owner/operator will not be operating 

according to the operation and 

maintenance instructions included in 

the engine manufacturer’s certification. 

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. Engines greater than 500 

HP are required to conduct a 

performance test within 1 year of 

startup (or within 1 year after an engine 

and control device is no longer 

installed, configured, operated, and 

maintained in accordance with the 

manufacturer’s emission-related written 

instructions) to demonstrate compliance 

with the emission standards, and also 

have to conduct subsequent 

performance testing every 8,760 hours 

or 3 years (whichever comes first) 

thereafter. These engines are also 

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 are 

required to conduct a performance test 

within 1 year of startup (or within 1 

year after an engine and control device 

is no longer installed, configured, 

operated, and maintained in accordance 

with the manufacturer’s emissionrelated written instructions) to 

demonstrate compliance with the 

emission standards and in addition are 

required to keep a maintenance plan 

and records of conducted maintenance. 

Engines below 100 HP operating in a 

non-certified manner do not have to 

conduct further performance testing, but 

are required to keep a maintenance plan 

and records, and if the owner/operator 

does not install and configure the 

engine and control device according to 

the manufacturer’s emission-related 

written instructions, then the owner/ 

operator must conduct a performance 

test to demonstrate compliance with the 

applicable emission standards within 1 

year of such action. 

Owners and operators have the ability 

to adjust engine settings outside of 

manufacturer settings as long as they 

demonstrate 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 extended to operation 

and maintenance of all aspects of the 

engine, which the parties believed 

should be beyond the scope of the 

regulation. The EPA agrees that the 

operation and maintenance 

requirements of the NSPS should be 

restricted to emission-related operation 

and maintenance, and is revising the 

regulations accordingly. 

The EPA notes that if the engine 

settings are adjusted outside of the 

manufacturer’s specifications, the 

engine is no longer considered to be a 

certified engine. The engine 

manufacturer is no longer considered 

responsible for the engine being in 

compliance with the applicable 

emission standards, and the emissions 

warranty for the engine becomes void. 

D. Temporary Replacement Engines 

The EPA received comments during 

and after the initial CI NSPS rulemaking 

and during the SI NSPS rulemaking 

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 the 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. 

The EPA notes that except for certain 

instances (e.g., engines at seasonal 

sources or engines that replace 

stationary engines at a location), engines 

in one location for less than 1 year are 

generally considered to be mobile 

nonroad engines under the 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 stationary major source 

for less than 1 year for purposes of 

general maintenance or construction. 

Portable engines that replace existing 

stationary engines at the same location 

on a temporary basis and that are 

intended to perform the same or similar 


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functions 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. The 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. The 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. 

E. Requirements for Engines Located in 

Remote Areas of Alaska 

In the original final NSPS, the EPA 

agreed to delay the sulfur requirements 

for diesel fuel intended for stationary 

ICE in remote areas of Alaska not 

accessible by the Federal Aid Highway 

System (FAHS) (‘‘remote Alaska’’) until 

December 1, 2010, except that any 2011 

model year and later stationary CI 

engines operating in remote Alaska 

prior to December 1, 2010, would be 

required to meet the 15 ppm sulfur 

requirement for diesel fuel. This 

approach was consistent with the 

approach that was used for nonroad and 

highway engines in remote Alaska. The 

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 original final 

regulations included language that 

allowed Alaska to submit for the EPA 

approval through rulemaking process an 

alternative plan for implementing the 

requirements of this regulation for 

public-sector electrical utilities located 

in remote areas of Alaska not accessible 

by the FAHS. The alternative plan 

needed to be based on the requirements 

of section 111 of the CAA including any 

increased risks to human health and the 

environment, and also needed to be 

based on the unique circumstances 

related to remote power generation, 

climatic conditions, and serious 

economic impacts resulting from 

implementation of the final NSPS. 

The EPA also included an option in 

the original final NSPS for stationary CI 

engines that allowed 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 

§ 60.4207 of the final rule beyond the 

required fuel deadlines. The owner or 

operator was required to show that there 

is no other place to burn the used oil. 

Each petition, if approved, was valid for 

a period of up to 6 months. 

The 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 remote Alaska to 

the EPA. On October 31, 2008, the EPA 

received Alaska’s request for several 

revisions to the NSPS as it pertains to 

engines located in the remote 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. 

The EPA notes the following 

information provided by the State of 

Alaska in its request. In general, the 

State noted that over 180 remote 

communities in Alaska that are not 

accessible by the FAHS rely on diesel 

engines and fuel for electricity. These 

communities are scattered over long 

distances in remote areas and are not 

connected to population centers by road 

or power grid. These communities are 

located in the most severe arctic 

environments in the United States. 

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 

stated 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 premodel year 2011 engines to use 

aftertreatment, and thus no 

technological need to use ULSD. The 

EPA agrees that the requested revision 

will reduce the complexity of the 

regulations and that ULSD is not 

technologically necessary for engines 

that are not required to meet the Tier 4 

emission standards for PM. As 

discussed in section V.C., in response to 

comments during this rulemaking 

requesting relief from the requirement to 

meet Tier 4-equivalent PM standards, 

the EPA is requiring new engines in 

remote areas of Alaska to meet the more 

stringent PM standards and use ULSD 

beginning with 2014 model year 

engines. Therefore, the EPA is finalizing 

a requirement that 2014 model year and 

later engines use ULSD, rather than 

2011 model year and later that was 

proposed. The EPA also notes that the 

requirement to use ULSD for 2014 and 

later model year engines will eventually 

lead to a complete turnover of the fuel 

used in the remote villages. 

The State of Alaska notes that the 

planning, construction and operation of 

engines in remote 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 


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1Note 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 

the EPA has less ability to enforce such an approach 

for mobile sources, where the EPA does not regulate 

the owner or operator directly. 

engines were not installed prior to 

December 31, 2008. Therefore, the State 

of Alaska requested that the deadline be 

moved to December 2010. While the 

EPA understands that some extra time 

may be needed to allow for these preexisting projects to go forward with pre2007 engines, the EPA does not believe 

the State of Alaska has justified a 2-year 

extension, beyond the 2 years already 

provided in the regulations. However, 

the EPA believes that a 1-year extension 

would be appropriate. The EPA is, 

therefore, finalizing a 1-year extension 

for owners and operators in remote 

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 remote villages in Alaska use 

combined heat and power cogeneration 

plants, which are vital to their economy, 

given the high cost of fuel and the 

substantial need for heat in that climate. 

Heat recovery systems are used with 

diesel engines in remote communities to 

provide heat to community facilities 

and schools. Marine-jacketed diesel 

engines are used wherever possible 

because of their superior heat recovery 

and thermal efficiency. The State of 

Alaska has noticed great reductions in 

heat recovery when using Tier 3 nonmarine engines. The State notes that 

reductions in fuel efficiency will lead to 

greater fuel use and greater emissions 

from burning extra heating oil. The EPA 

agrees with the State that there are 

significant benefits from using marine 

engines, and is finalizing a revision that 

will allow engines in remote Alaska to 

use marine-certified engines. However, 

as the State of Alaska notes, marinecertified 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, the EPA is 

requiring that owners and operators of 

2014 model year and later engines 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 have not been 

tested in remote arctic climates, the EPA 

notes that the original request from the 

State of Alaska was particularly 

concerned with NOX standards that 

would likely entail the use of SCR in 

remote Alaska. NOX reductions are 

particularly important in areas where 

ozone is a concern, because NOX is a 

precursor to ozone. However, the State 

of Alaska, and remote Alaska in 

particular, does not have any significant 

ozone problems. Moreover, the use of 

SCR entails the supply, storage and use 

of a 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 

FAHS and are scattered over long 

distances in remote areas and are not 

connected to population centers by road 

or power grid. The villages are located 

in the most severe arctic environments 

in the United States and they rely on 

stationary diesel engines and fuel for 

electricity and heating, and these 

engines need to be in working 

condition, particularly in the winter. 

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, the EPA understands the 

State of Alaska’s argument that it is 

inappropriate to require such standards 

for stationary engines in remote Alaska.1

Therefore, the EPA is not requiring 

owners and operators of new stationary 

engines to meet the Tier 4 standards for 

NOX in these areas. However, owners 

and operators of model year 2014 and 

later engines that do not 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 (HC). 

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 

remote Alaskan communities. The State 

has developed a cost-effective and 

reliable used-oil blending system that is 

currently being used in many remote 

Alaskan communities, disposing of the 

oil in an environmentally beneficial 

manner and capturing the energy 

content of the used oil. The absence of 

allowable blending would necessitate 

the shipping out of the used oil and 

would risk improper disposal and 

storage, as well as spills. 

According to the State, blending 

waste oil at 1.75 percent or less will 

keep the fuel within American Society 

for Testing and Materials (ASTM) 

specifications if the sulfur content of the 

waste oil is below 200 ppm. The State 

acknowledges the need for engines 

equipped with aftertreatment devices to 

use fuel meeting the sulfur 

requirements. The EPA agrees that the 

limited blending of used oil into the 

diesel fuel used by stationary engines in 

remote Alaska is an environmentally 

beneficial manner of disposing of such 

oil and is of little to no concern when 

kept within appropriate limits. 

Therefore, the EPA is finalizing 

amendments that permit the blending of 

fuel oil at such levels for engines in 

remote Alaska. The used oil must be 

‘‘on-spec,’’ i.e., it must meet the onspecification levels and properties in 40 

CFR 279.11. 

The EPA agrees that the 

circumstances in remote Alaska require 

special rules. The EPA is, therefore, 

promulgating several amendments for 

engines used in remote Alaska: 

• Exempting all pre-2014 model year 

engines from diesel fuel sulfur 

requirements; 

• Allowing owners and operators of 

stationary CI engines located in remote 

areas of Alaska to use engines certified 

to marine engine standards, rather than 

land-based nonroad engine standards; 

and 

• Removing requirements to use 

aftertreatment devices for NOX, in 

particular, SCR, for engines used in 

remote Alaska; 

• Removing requirements to use 

aftertreatment devices for PM until the 

2014 model year; and 

• Allowing the blending of used 

lubricating oil, in volumes of up to 1.75 

percent of the total fuel, if the sulfur 

content of the used lubricating oil is less 

than 200 ppm and the used lubricating 

oil is ‘‘on-spec,’’ i.e., it meets the onspecification levels and properties of 40 

CFR 279.11. 


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F. Reconstruction 

The EPA is also finalizing 

amendments 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 either of 

the following criteria: 

• The fixed capital cost of the new 

and refurbished components exceeds 75 

percent of the fixed capital cost of a 

comparable new engine; or 

• The reconstructed engine consists 

of a previously used engine block with 

all new components. 

The final 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 final rule also adds additional 

clarification regarding what standards 

are applicable for modified or 

reconstructed engines. 

G. Minor Corrections and Revisions 

The EPA is making several minor 

revisions in this rule to correct mistakes 

in the initial rule or to clarify the rule. 

The revisions 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 original 

final rule; 

• Revising the definition of 

‘‘emergency stationary internal 

combustion engine’’ in the NSPS for 

stationary CI ICE to include the 

allowance for 50 hours of nonemergency operation, to be consistent 

with the definition of emergency 

stationary internal combustion engine in 

the NSPS for stationary SI ICE and the 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

Stationary Reciprocating Internal 

Combustion Engines (RICE) (40 CFR 

part 63, subpart ZZZZ); 

• Revising the requirement for 

emergency engines to install nonresettable 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 the 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 correct clear errors and 

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. 

IV. Summary of Significant Changes 

Since Proposal 

A. Definitions 

The EPA proposed to add a definition 

for ‘‘reconstruct’’ that was specific for 

the NSPS for stationary ICE. In the final 

rule, the EPA is not including the 

proposed definition for reconstruct, and, 

instead, will continue to use the 

definition for reconstruction found in 

the General Provisions of 40 CFR part 

60, specifically at 60.15 of that part. The 

EPA also proposed to add a definition 

for ‘‘date of manufacture’’ that would 

have assigned a new date of 

manufacture for reconstructed engines if 

any of the following criteria were met: 

the crankshaft was removed as part of 

the reconstruction; the fixed capital cost 

of the new and refurbished components 

exceeded 75 percent of the fixed capital 

cost for a comparable new engine; the 

engine serial number was removed; or 

the engine was produced using all new 

components except for the engine block. 

The definition for ‘‘date of 

manufacture’’ that the EPA is finalizing 

specifies that a new date of manufacture 

is assigned for a reconstructed engine if 

the fixed capital cost of the new and 

refurbished components exceeded 75 

percent of the fixed capital cost for a 

comparable entirely new facility, or if 

the engine was produced using all new 

components except for the engine block. 

The definition for ‘‘installed’’ that the 

EPA is finalizing is also different from 

the proposed definition. The definition 

that the EPA proposed stated that an 

engine is considered installed when it is 

placed and secured at the location 

where it is intended to be operated; 

piping and wiring for exhaust, fuel, 

controls, etc. are installed and all 

connections are made; and the engine is 

capable of being started. The definition 

for ‘‘installed’’ in the final rule does not 

include the conditions that the piping 

and wiring are installed and the engine 

is capable of being started. 

The EPA is also correcting a 

typographical error in the definition for 

‘‘liquefied petroleum gas’’ in the NSPS 

for stationary SI ICE, 40 CFR part 60, 

subpart JJJJ. The definition should have 

the word ‘‘or’’ instead of the word ‘‘of’’ 

after the phrase ‘‘* * * obtained as a 

by-product in petroleum refining. 

* * *’’ This final rule corrects that 

typographical error. 

B. Emission Standards and Fuel 

Requirements 

In the final rule, the EPA is revising 

the fuel requirements for engines subject 

to the NSPS for stationary CI ICE. The 

rule as originally promulgated required 

owners and operators of stationary CI 

ICE to use diesel fuel that meets the 

requirements of 40 CFR 80.510(b) for 

nonroad diesel fuel beginning on 

October 1, 2010. Facilities could 

petition for approval to use existing 

inventories of non-compliant fuel for a 

period of up to 6 months at a time. 

Facilities were required to submit a new 

petition if additional time was needed. 

The EPA received a number of petitions 

for extensions of the October 1, 2010, 

deadline from facilities that operate 

emergency engines that are subject to 

the NSPS for stationary CI ICE. In the 

petitions, the facilities indicated that 

they only operate the engines for a few 

hours each year, and that it may take a 

period of years to use up the existing 

fuel in their tanks, since they keep a 

supply of fuel on hand that would be 

adequate for the engines in the event of 

an emergency. Petitioners also noted the 

great expense of draining the remaining 

fuel and purchasing replacement fuel, 

while the drained fuel would likely be 

used in other applications that did not 

need to meet the fuel requirements of 

the NSPS. A petitioner requested that 

the EPA change the rule so that facilities 

were required to purchase diesel fuel 

that was compliant with 40 CFR 

80.510(b) after October 1, 2010, but 

could use any fuel remaining in its 

tanks until it was depleted. Based on the 

information provided in the petitions, 

the EPA is revising the fuel requirement 

for stationary CI ICE subject to the 

NSPS. The final rule amends the 

requirement to specify that owners and 

operators must purchase fuel that meets 

the requirements of 40 CFR 80.510(b) 

beginning on October 1, 2010. 

The EPA is also finalizing a different 

deadline than proposed for engines with 

a displacement greater than or equal to 

30 l/cyl to transition to fuel with a 

sulfur content of 1,000 ppm. The EPA 

proposed to allow owners and operators 

of these engines to begin using 1,000 

ppm sulfur content fuel beginning on 

January 1, 2014. The final rule allows 

owners and operators to begin using 

1,000 ppm sulfur content fuel beginning 

June 1, 2012. 

Finally, the EPA is finalizing a 

different deadline for new engines in 

remote areas of Alaska to begin using 

ULSD than was proposed. The EPA 

proposed to require the use of ULSD 


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beginning with 2011 model year 

engines; the final rule requires the use 

of ULSD beginning with 2014 model 

year engines. The EPA is also providing 

additional time before requiring 

stationary engines located in remote 

areas of Alaska to meet more stringent 

PM standards that are based on the use 

of aftertreatment. 

C. Requirements for Emergency Engines 

The EPA proposed to amend the 

definition for ‘‘emergency stationary 

internal combustion engine’’ and the 

allowances for maintenance/testing and 

non-emergency operation for such 

engines to be consistent with the 

provisions promulgated in the NESHAP 

for existing stationary RICE at 40 CFR 

part 63, subpart ZZZZ. The EPA is only 

finalizing a portion of the proposed 

revisions to the emergency engine 

definition. The EPA is finalizing the 

provision allowing 50 hours of nonemergency service for stationary CI 

engines subject to the NSPS, in order to 

make the emergency engine provisions 

for new CI engines consistent with those 

for new SI engines and existing CI and 

SI engines. At this time, the EPA is not 

finalizing the proposed provision 

allowing 15 hours for demand response 

operation for emergency stationary 

engines. The EPA included a similar 

provision for emergency engines in the 

March 3, 2010, amendments to the 

stationary RICE NESHAP (75 FR 9648), 

and subsequently proposed to amend 

the stationary engine NSPS to be 

consistent with the stationary RICE 

NESHAP. The EPA received two 

petitions for reconsideration of the 15- 

hour allowance for demand response in 

the stationary RICE NESHAP, and is 

currently reconsidering its decision to 

allow emergency engines to operate for 

15 hours per year as part of an 

emergency demand response program. 

The EPA is deferring taking final action 

on including this provision in the 

stationary ICE NSPS pending the 

resolution of the reconsideration 

process on the stationary RICE 

NESHAP. The EPA will address this 

issue as it affects the CI and SI engine 

NSPS emergency engine provisions as 

part of that reconsideration process. 

D. Other 

In the proposed rule, the EPA 

requested 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. The 

comments that were received in 

response to the EPA’s request all 

supported allowing stationary engines 

in marine offshore settings to use 

engines meeting the marine engine 

standards. In the final rule, the EPA is 

including provisions that would allow 

stationary engines used in marine 

offshore settings to meet marine engine 

standards. 

The EPA received comments on the 

proposed amendments requesting 

several changes to 40 CFR part 60, 

subpart JJJJ that were not related to this 

rule. While the EPA is generally not 

making these changes, as they are 

beyond the scope of this rule and would 

require substantive analysis, the EPA is 

making certain revisions to correct clear 

errors (e.g., changing > signs to < signs 

where appropriate) and clarifying that 

determining the exhaust flowrate is not 

required if the engine is being tested to 

show compliance with the 

concentration-based (ppm) standards for 

NOX, CO, and VOC. 

V. Summary of Responses to Major 

Comments 

A. Fuel Requirements for Engines With 

a Displacement Greater Than or Equal 

to 30 L/Cyl 

Comment: One commenter supported 

a fuel limit of 1,000 ppm sulfur content 

for engines with a displacement at or 

above 30 l/cyl. The commenter agreed 

that it is appropriate to align fuel 

requirements for stationary engines with 

a displacement at or above 30 l/cyl with 

those that are in the IMO marine engine 

standards, since the stationary engine 

emission standards are also being 

aligned with IMO marine engine 

standards. However, the commenter 

asked that the EPA require that this 

limit become effective immediately and 

not in 2014, as proposed. The 

commenter claimed that 500 ppm sulfur 

fuel, which is the sulfur level stationary 

engines at or above 30 l/cyl currently 

must meet for the fuel they use, will 

become very limited and perhaps 

unavailable after the 15 ppm sulfur fuel 

requirements take effect in October 2010 

for most mobile and stationary engines. 

Engines of large displacement are not 

designed to operate on 15 ppm sulfur 

fuel, the commenter argued, therefore, 

appropriate fuel for these engines may 

not be available, or if it is, will be 

significantly more costly. To ensure the 

availability of appropriate fuel, the 

commenter asked that the EPA allow 

engines with a displacement at or above 

30 l/cyl to use 1,000 ppm sulfur fuel 

immediately. 

Response: The EPA agrees that it 

would be appropriate to require that 

stationary engines with a displacement 

of 30 l/cyl or more limit the sulfur 

content in the fuel to 1,000 ppm 

beginning earlier than 2014, which is 

the timeframe that was proposed. 

However, the EPA disagrees with the 

commenter’s logic and that the 

requirement should become effective 

immediately. Diesel fuel containing 500 

ppm sulfur will be the designated offspec fuel within the diesel stream until 

2014 and should be available at least for 

locomotives and marine engines until 

June 1, 2012. Therefore, the EPA 

believes it is appropriate to finalize the 

1,000 ppm fuel requirement for large 

displacement engines, but require that 

these engines begin using this fuel on 

June 1, 2012. 

B. Operating and Maintenance 

Requirements 

Comment: One commenter expressed 

concern about the proposal that for 

certified engines, owners and operators 

would be allowed to develop and follow 

their own operation and maintenance 

(O&M) procedures as an alternative to 

following the manufacturer’s O&M 

procedures. The commenter 

recommended that engines that do not 

follow the manufacturer’s O&M 

procedures be considered as operating 

in a non-certified manner and subject to 

initial performance testing 

requirements. The commenter indicated 

that it is supportive of providing 

additional flexibility, but that in those 

cases where an owner or operator opts 

to take an alternative O&M approach, 

which differs from what the 

manufacturer recommends for the 

engine, the engine manufacturer or 

certificate holder should no longer be 

responsible for emissions compliance. 

According to the commenter, the EPA 

should make that clarification as to who 

is responsible for the emissions from the 

engine and if operated differently than 

recommended by the manufacturer, the 

engine should no longer be classified as 

a certified engine. 

Response: The EPA agrees that the 

engine manufacturer should not be held 

responsible once owners and operators 

of a certified engine no longer operate 

and maintain the engine and control 

device according to the manufacturer’s 

O&M procedures. This is consistent 

with the language in section 207 of the 

CAA and 40 CFR 1068.505, regarding 

mobile source engines, that specifies the 

EPA not require a recall of engines by 

the manufacturer unless the EPA 

determines that a substantial number of 

engines, although properly maintained 

and used, do not conform to emission 

regulations. The EPA thinks that it is 

clear in the rule language that the 

owner/operator, not the manufacturer, is 

required to show compliance in such 

situations, as was specifically laid out in 

60.4211(g) of the proposed rule. Further, 


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2See memorandum titled ‘‘Summary of Calls 

with Vendors of Diesel Particulate Filters (DPF)’’ in 

docket EPA–HQ–OAR–2010–0295. 

the EPA stated in the preamble to the 

proposed rule that engines operated in 

this manner would be considered noncertified engines and generally subject 

to performance testing (see 75 FR 32615, 

middle column). 

C. Engines Located in Remote Alaska 

Comment: One commenter supported 

allowing used oil blending under the CI 

NSPS. Blending used oil for burning in 

the facility’s own engine is important 

and decreases risks related to disposal 

and spills in areas that have limited 

resources available to deal with such 

costs, the commenter said. According to 

the commenter, a significant 

environmental concern in remote 

Alaska is the improper disposal of used 

oil. In most remote Alaska communities, 

there are no permitted used oil disposal 

facilities and the cost of exporting used 

oil is burdensome and can be the same 

price or more than purchasing new oil, 

the commenter noted. The commenter 

recommended that used fuel blending 

be allowed in the rule at a maximum 

blend level of 1.75 percent. 

Response: The EPA agrees that the 

limited blending of used oil into the 

diesel fuel used by stationary engines in 

remote areas of Alaska is an 

environmentally beneficial manner of 

disposing of such oil. Therefore, the 

EPA has included a provision in the 

final rule that allows the blending of 

fuel oil for engines in remote Alaska, in 

volumes of up to 1.75 percent of the 

total fuel. The sulfur content of the used 

lubricating oil must be less than 200 

ppm, and the used lubricating oil must 

be is ‘‘on-spec,’’ i.e., it must meet the 

on-specification levels and properties in 

40 CFR 279.11. 

Comment: One commenter expressed 

concern over the proposed requirements 

for small remote power plants in Alaska 

that would necessitate aftertreatment in 

order to meet the PM limits. The 

commenter’s concern regarding 

aftertreatment for PM is based on the 

majority of small remote power plans 

being un-staffed and the technical 

capability of staff being minimal and 

including only basic maintenance tasks 

such as maintaining the oil, filter, belts 

and hoses. In addition, the commenter 

was concerned that the exhaust 

aftertreatment used to reduce PM would 

limit the ability to burn used oil in the 

engine, and could also pose a risk to the 

reliability of the engine. The commenter 

also believed that the installation and 

maintenance costs for PM aftertreatment 

were unreasonable. 

Response: The EPA disagrees with the 

commenter that PM limits that 

necessitate the use of aftertreatment like 

CDPF should not be required at all for 

stationary CI engines located in remote 

areas of Alaska. The need for PM control 

was in the commenter’s original request 

to the EPA, noting that PM is the most 

significant pollutant of concern in 

remote areas of Alaska. Stationary CI 

engines are often in very close 

proximity to the towns and the diesel 

PM emissions, which are highly toxic, 

can fall on the towns. Substantial health 

impacts are associated with diesel PM 

emissions and the EPA does not believe 

it is appropriate to reduce the stringency 

of PM requirements in remote Alaska. 

Regarding the concerns raised by the 

State of Alaska regarding the feasibility 

and cost of installing and operating 

CDPF in remote villages, the EPA is 

providing additional time in the final 

rule before new stationary engines in 

remote areas of Alaska are required to 

meet PM standards that would require 

CDPF. The use of CDPF for new 

nonroad and stationary diesel engines in 

the United States will be phased in from 

2011 to 2015. Waiting until there is 

more widespread experience with 

operating and maintaining CDPF would 

allow time for Alaska’s concerns 

regarding the feasibility of maintaining 

CDPF on engines in remote areas to be 

addressed. The type of engines most 

often used to power the remote villages 

is currently required by the NSPS to 

meet PM standards based on the use of 

CDPF beginning with the 2011 or 2012 

model year, depending on the engine 

size. Providing a delay until the 2014 

model year for engines located in 

remote Alaskan villages would provide 

State with 2 to 3 years to gain 

experience with the operation of the 

controls and develop the equipment 

infrastructure needed to properly 

operate and maintain the CDPF. In 

response to this comment, the EPA 

consulted with vendors of CDPF, who 

indicated that the installation and 

maintenance costs for the systems are 

not as high as the estimates provided by 

the State of Alaska.2

The EPA recognizes that the blending 

of used oil into diesel fuel is a concern 

for engines equipped with CDPF; 

however, the EPA believes that given 

the restrictions in the rule for used oil 

blending (no more than 1.75 percent of 

total fuel and no more than 200 ppm 

sulfur in the oil), the increase in sulfur 

caused by the blending should not be a 

significant concern for the operation of 

CDPF-equipped engines. 

D. Emission Standards for Marine 

Engines 

Comment: Several commenters 

provided recommendations on how to 

treat stationary engines used in marine 

offshore settings. The commenters said 

that marine engines should not be 

subject to land-based standards and 

indicated support for revisions to allow 

the use of marine based standards as 

opposed to NSPS for offshore platform 

installations. The commenters indicated 

that these engines are normally nonroad 

engines that are subject to marine 

engine standards. The commenters said 

that if the marine engine is used in a 

stationary manner, the commenters 

were supportive of language being 

added to indicate that stationary engines 

in marine offshore settings may comply 

with applicable marine engine 

standards as opposed to the land-based 

standards. 

Response: The EPA requested 

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 comments received 

on this issue, the EPA agrees that it 

would be appropriate to allow 

stationary engines used in marine 

offshore settings to meet marine engine 

standards. The EPA understands that 

engines used in these settings are 

generally certified to marine standards 

and that it may not be possible to know 

how an engine will be used throughout 

its life when it is first used. The EPA 

does not see a need to require engines 

utilized in the same marine offshore 

setting to be certified to different 

standards based solely on the time an 

engine remains in one location. It 

therefore is appropriate to require 

engines used in both mobile and 

stationary marine offshore applications 

to be able to meet the same standard. 

E. Test Methods 

Comment: One commenter said that 

the test method for stationary engines 

with a displacement at or above 30 l/cyl 

needs to be changed from Method 5 to 

Method 5B or Method 17. The main 

reason the commenter believes Method 

5 is not suitable is because it requires 

the use of glass fiber filters maintained 

at 120 degrees Celsius (°C) [250 degrees 

Fahrenheit (°F)]. The method also 

requires that in sources that have sulfur 

dioxide (SO2) or sulfur trioxide (SO3) 

that the filter material be unreactive to 

these pollutants and International 

Organization for Standardization (ISO) 

method 9096 2003 does not recommend 

glass fiber filter use where this reaction 

occurs. The commenter went on to say 


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that the temperature required by 

Method 5 is generally much lower than 

normal exhaust temperatures from large 

displacement engines. This necessitates 

cooling of the exhaust gas in order to 

use Method 5, the commenter said, 

which would lead to the formation of 

additional condensation particles that 

would affect the sampling results. The 

commenter argued that the method 

would not yield reproducible results 

and recommended that due to 

inconsistencies, the EPA should allow 

alternative methods. The commenter 

recommended that the EPA raise the PM 

sampling temperature in Method 5 to a 

minimum of 160 °C, which essentially 

means changing Method 5 to Method 

5B, and also allow stationary engines to 

use Method 17 as an alternative. 

Response: The EPA disagrees with the 

comment that EPA Method 5 does not 

provide accurate and precise 

measurements of PM. The statements in 

EPA Method 5 and ISO 9096 2003 

regarding the selection of filtration 

media that are unreactive to SO3 are 

intended to ensure that the proper filter 

media are used. When acceptable filter 

media are selected, including glass fiber 

filters that are unreactive to SO2 or SO3, 

EPA Method 5 has been shown to 

provide reproducible results 

irrespective of the filtration temperature 

chosen. 

The EPA also disagrees that EPA 

Method 5 cannot achieve a filtration 

temperature of 120 °C (250 °F) since 

there are no procedures for cooling the 

sample gas from the stack temperature 

to the required filtration temperature. 

EPA Method 5 is silent on the method 

for cooling the sample gas, as this is left 

to the discretion of the source test 

individual. The method employed 

depends upon the stack gas 

temperature, the required filtration 

temperature, and the equipment 

available to the individual test 

contractor. In most situations, no special 

procedures are required since sufficient 

cooling is achieved by normal air 

exposure of the probe and filter holder. 

Where filtration temperature is likely to 

exceed the method specified 

temperature, contractors have used 

specially constructed air cooled or water 

cooled probes to achieve the proper 

temperature. 

F. Definitions 

Comment: Several commenters were 

concerned with the proposed definition 

of ‘‘reconstruct.’’ According to the 

commenters, the proposed definition 

would result in stationary engines 

currently not subject to the rule 

becoming subject to NSPS after 

conducting routine maintenance, repair, 

rework, and overhaul. Several 

commenters stated that the EPA has not 

provided sufficient rationale for adding 

this new definition and the term is 

significantly different from other NSPS 

definitions and applicability 

determinations regarding 

reconstruction. Two commenters said 

that the proposed definition excludes 

the cost of fundamental components 

from the fixed capital costs, such as the 

engineering costs, construction and site 

installation and startup costs, and the 

costs associated with auxiliary 

components that service or that are 

critical to the engine’s operation. 

Commenters requested that the EPA 

maintain the definitions in 40 CFR 

60.15(b) and 40 CFR 60.15(c), for 

reconstruction and fixed capital cost, 

respectively, in the final NSPS for 

stationary CI and SI engines. 

Response: The EPA proposed to add 

a definition of ‘‘reconstruct’’ to the CI 

and SI NSPS as an attempt to clarify the 

meaning of reconstruction. The EPA’s 

objective with the proposal was to 

provide a more specific definition 

applicable to stationary engines rather 

than the broader definition provided in 

the General Provisions of 40 CFR part 

60. The proposed definition was 

intended to clarify how to conduct the 

reconstruction analysis by specifically 

proposing to include a definition that 

would be applicable to stationary 

engines subject to NSPS. The EPA 

believed that providing a specific 

definition applicable only to stationary 

engines would be beneficial by bringing 

clarity to how reconstruction is 

determined in the stationary engine 

setting. 

The EPA did not expect the proposed 

change to be controversial nor did the 

EPA anticipate that the proposed change 

would cause such significant concern 

among affected sources. However, as 

illustrated in the summary of comments 

on this issue, several affected 

stakeholders strongly opposed the EPA’s 

suggested changes to the historical 

definition of reconstruction. Based on 

the extensive concerns provided by 

commenters and subsequent 

information the EPA has received from 

stakeholders after the proposal, the EPA 

determined that it is appropriate to not 

include the proposed definition of 

‘‘reconstruct’’ in the final rule. Instead, 

the EPA is finalizing the rule using the 

definition of ‘‘reconstruction’’ from the 

General Provisions of 40 CFR part 60. 

Again, the EPA intended to provide 

more guidance than what was originally 

provided in the rule on reconstruction; 

however, it is nearly impossible to 

capture all potential situations in a 

definition. The EPA believes it is 

appropriate to continue to rely on the 

definition in 40 CFR 60.15. Therefore, 

the EPA is not finalizing the proposed 

definition of ‘‘reconstruct.’’ 

Comment: A number of commenters 

took issue with the criteria in the 

proposed definition of the ‘‘date of 

manufacture’’ and asked that the 

definition either be removed or revised. 

Commenters said that the proposed 

changes to the date of manufacture 

definition constitute significant concern 

for industry because of the cost and 

operational impacts, plus regulatory 

confusion the commenters believe the 

changes create. Commenters indicated 

that the criteria in the definition are 

flawed and inconsistent with previous 

definitions of reconstruction. Several 

commenters were of the opinion that it 

is not appropriate to include the 

removal of the crankshaft as criteria for 

designating an engine being subject to 

new standards. This component is 

frequently removed during inspection 

and maintenance, according to the 

commenters, who suggested that the 

criteria related to the crankshaft be 

removed entirely. According to the 

commenters, removal of the crankshaft 

is sometimes necessary to access 

components, but this should not 

constitute replacement. Commenters 

said that the removal of the serial 

number from the engine should not 

necessitate the need to comply with 

new engine standards. Commenters 

indicated that the serial number could 

be inadvertently knocked off during 

transportation or use, and asked that it 

also not be included as a criterion in the 

final rule. 

Response: As with the EPA’s 

proposed definition of ‘‘reconstruct,’’ 

the proposal to add a definition for the 

‘‘date of manufacture’’ led to a 

significant concern with affected 

stakeholders as reflected in this 

comment summary. Commenters were 

generally not opposed to having a 

definition for the ‘‘date of manufacture,’’ 

but were against some of the criteria 

used in the proposed definition. 

Based on the comments related to 

removal of the crankshaft, the EPA 

agrees that including the engine 

crankshaft language in the definition of 

‘‘date of manufacture’’ would not be 

appropriate. The EPA does not wish to 

trigger more stringent standards for 

engines that are simply undergoing 

regular maintenance. Notably, solely 

removing the engine crankshaft is not an 

indication that a substantial amount of 

work has been conducted on the engine 

to the extent that it should have to meet 

to more stringent emission standards. 

Consequently, the EPA is not including 

the crankshaft criteria in the definition 


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of ‘‘date of manufacture’’ in the final 

rule. 

Regarding comments opposing the 

inclusion of the serial number in the 

definition of ‘‘date of manufacture,’’ the 

EPA agrees that it would be appropriate 

to exclude that specific criterion in the 

final rule. The EPA does not wish to 

require more stringent standards for 

reconstructed engines solely due to the 

possibility that in some cases, the serial 

number might not be available, for 

instance, it may have been knocked off 

during transportation, use or 

maintenance, or if the engine was 

acquired and it did not have a tag. The 

EPA is not interested in penalizing 

affected sources, where information 

simply is not available or missing based 

on a technicality, by subjecting them to 

more stringent standards. Importantly, 

the lack of the engine serial number is 

not an indicator that the engine has 

undergone significant modification to 

the point where it should be subject to 

more stringent standards. Therefore, in 

the final rule, the EPA has not included 

the serial number criteria in the 

definition of ‘‘date of manufacture.’’ 

The EPA believes that finalizing a cost 

threshold of 75 percent of the cost of a 

new facility in the definition of ‘‘date of 

manufacture’’ is appropriate. Based on 

the comments received, it appears that 

the majority of the issues surrounding 

the date of manufacture concept were 

related to the crankshaft being included 

in the definition. Since the EPA is not 

including the engine crankshaft as a 

determining factor for assigning an 

engine a new date of manufacture, the 

EPA believes that most of the issues 

brought up by commenters would be 

resolved. 

Comment: One commenter thought 

that the definition of ‘‘installed’’ in 

sections 60.4248 and 60.4219 of the 

proposed NSPS amendments should be 

modified. The commenter indicated that 

part of the definition is appropriate, i.e., 

in terms of having the engine ‘‘placed 

and secured at a location where it is 

intended to operate’’ for defining 

‘‘installed.’’ However, the commenter 

did not agree with the rest of the 

definition as that states ‘‘* * * the 

piping and wiring for exhaust, fuel, 

controls, etc., is installed and all 

connections are made; and the engine is 

capable of being started.’’ The 

commenter recommended that the final 

definition read as follows: ‘‘Installed 

means the engine is placed and secured 

at the location where it is intended to 

be operated.’’ According to the 

commenter, because stationary engines 

are often part of a larger facility, the 

engines may be placed at the location in 

advance of completing the rest of the 

facility and this could be significantly 

prior to utilities being completed 

(including local permits and building 

inspections). In the commenter’s 

opinion, creating the foundation and 

placing the engine at the location 

indicates major commitment by the 

owner, and the commenter did not 

believe that it is necessary to finalize the 

remaining connections in order to 

demonstrate the owner’s intent, and 

such connections are typically more 

related to the larger construction project 

than the engine itself. 

Response: The EPA agrees with the 

commenter’s recommendations 

regarding the definition of ‘‘installed.’’ 

The EPA agrees that installation should 

be defined as the engine has been 

placed and secured where it is intended 

to be operated, and that the engine does 

not have to be capable of being started 

before it can be considered installed, 

since the final piping and wiring may 

not be completed until well after the 

engine is secured in its permanent 

location. 

VI. Summary of Environmental, Energy 

and Economic Impacts 

A. What are the air quality impacts? 

The final rule would reduce NOX

emissions from stationary CI ICE with a 

displacement between 10 and 30 l/cyl 

by an estimated 300 tons per year (tpy), 

PM emissions by about 8 tpy, and HC 

emissions by about 4 tpy, in the year 

2018. The 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 final 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 HC 

emissions by about 18 tpy. Emissions 

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. The EPA expects very few 

stationary CI ICE with a displacement of 

30 l/cyl or more to be installed per year, 

and no emissions reductions have been 

estimated for these engines. 

B. What are the cost impacts? 

The total costs of the final rule are 

based on the cost associated with 

purchasing and installing controls on 

non-emergency stationary CI ICE with a 

displacement between 10 and 30 l/cyl. 

The costs of aftertreatment were based 

on information developed for CI marine 

engines. Further information on how the 

EPA estimated the total costs of the final 

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 

final 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 final rule in the year 2030 is 

$235,000, with a total national annual 

cost of $711,000. All of these costs are 

in 2009 dollars. 

C. What are the economic impacts? 

The EPA expects that there will be 

less than a 0.001 percent increase in 

price and a similar decrease in product 

demand associated with this final rule 

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? 

The EPA does not anticipate any 

significant non-air health, 

environmental or energy impacts as a 

result of this final rule. 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

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 final rule. 

The changes being finalized 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 


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control numbers for the EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this final rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

For the electric power generation 

industry (NAICS 2211), the small 

business size standard is an ultimate 

parent entity defined as having a total 

electric output of 4 million megawatthours in the previous fiscal year. The 

specific SBA size standard is identified 

for each affected industry within the 

Economic Impact Analysis for the final 

rule. In this case, the EPA presumes the 

affected engines will all be located in 

the electric power generation industry. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities 

(SISNOSE). The EPA estimates that only 

three firms are expected to incur costs 

associated with this final rule, and only 

one of these firms is a small entity. This 

small entity is expected to have 

annualized costs that are less than 0.001 

percent of its sales. Hence, the EPA 

concludes that there is no SISNOSE for 

this rule. 

Although this final rule will not have 

a significant economic impact on a 

substantial number of small entities, 

EPA nonetheless has tried to reduce the 

impact of this rule on small entities. 

When developing the revised standards, 

EPA conducted several meetings with 

industry trade associations to discuss 

regulatory options and the 

corresponding burden on industry, such 

as recordkeeping and reporting. The 

final rule requires the minimum level of 

testing, monitoring, recordkeeping, and 

reporting to affected stationary ICE 

sources necessary to ensure compliance. 

For more information on the small 

entity impacts associated with the final 

rule, please refer to the Economic 

Impact Analysis in the public docket at 

http://www.regulations.gov. (Docket ID 

No. EPA–HQ–OAR–2010–0295). 

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 

finalized 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 the Unfunded 

Mandates Reform Act (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 finalized in this action by 

the Agency are minimal and mostly 

affect stationary CI engine 

manufacturers 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 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This final 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 final rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The 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 action 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 

104–113, 12(d) (15 U.S.C. 272 note) 

directs the 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 the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider 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, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 


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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37967 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The changes the 

Agency is finalizing 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 finalizing have 

minimal effect on emissions. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this final rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This final rule will 

be effective on August 29, 2011. 

List of Subjects 

40 CFR Part 60 

Administrative practice and 

procedure, Air pollution control, 

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: June 8, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended to 

read as follows: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart IIII—[AMENDED] 

■ 2. Section 60.4200 is amended by 

revising paragraph (a) and adding 

paragraph (e) to read as follows: 

§ 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 § 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 CI ICE 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) through (g) to read as 

follows: 

§ 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 nonemergency 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 nonemergency 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, 40 CFR 

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 nonemergency 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 (c) of this 

section, stationary non-emergency CI 

ICE identified in paragraphs (a) and (c) 

may be certified to the provisions of 40 

CFR part 94 or, if Table 1 to 40 CFR 

1042.1 identifies 40 CFR part 1042 as 


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being applicable, 40 CFR part 1042, if 

the engines will be used solely in either 

or both of the following locations: 

(1) Areas of Alaska not accessible by 

the Federal Aid Highway System 

(FAHS); and 

(2) Marine offshore installations. 

(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 manufacturers 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 (h) to 

read as follows: 

§ 60.4202 What emission standards must I 

meet for emergency engines if I am a 

stationary CI internal combustion engine 

manufacturer? 

* * * * * 

(c) [RESERVED] 

* * * * * 

(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 and later 

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; 

(3) Their 2013 model year emergency 

stationary CI ICE with a displacement of 

greater than or equal to 15 liters per 

cylinder and less than 30 liters per 

cylinder; and 

(4) Their 2014 model year and later 

emergency stationary CI ICE with a 

maximum engine power greater than or 

equal to 2,000 KW (2,682 HP) and a 

displacement of greater than or equal to 

15 liters per 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 and later 

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 

maximum engine power less than 2,000 

KW (2,682 HP) and a displacement of 

greater than or equal to 15 liters per 

cylinder and less than 30 liters per 

cylinder. 

(g) Notwithstanding the requirements 

in paragraphs (a) through (d) of this 

section, stationary emergency CI 

internal combustion engines identified 

in paragraphs (a) and (c) may be 

certified to the provisions of 40 CFR 

part 94 or, if Table 2 to 40 CFR 1042.101 

identifies Tier 3 standards as being 

applicable, the requirements applicable 

to Tier 3 engines in 40 CFR part 1042, 

if the engines will be used solely in 

either or both of the following locations: 

(1) Areas of Alaska not accessible by 

the FAHS; and 

(2) Marine offshore installations. 

(h) 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 manufacturers 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: 

§ 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 §§ 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: 

§ 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 nonemergency 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 grams per kilowatt-hour (g/ 

KW-hr) (12.7 grams per horsepower-hr 

(g/HP-hr)) when maximum engine speed 

is less than 130 revolutions per minute 

(rpm); 

(ii) 45 · n¥0.2 g/KW-hr (34 · 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 · n¥0.23 g/KW-hr (33 · 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 · n¥0.20 g/KW-hr (6.7 · 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 nonemergency stationary CI ICE with a 

displacement of less than 30 liters per 

cylinder who conduct performance tests 


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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37969 

in-use must meet the not-to-exceed 

(NTE) standards as indicated in 

§ 60.4212. 

(e) Owners and operators of any 

modified or reconstructed nonemergency 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: 

§ 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 · n¥0.2 g/KW-hr (34 · 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 · n¥0.23 g/KW-hr (33 · 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 § 60.4212. 

(f) Owners and operators of any 

modified or reconstructed 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 CI ICE that 

are specified in paragraphs (a) through 

(e) of this section. 

■ 8. Section 60.4206 is revised to read 

as follows: 

§ 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 

§§ 60.4204 and 60.4205 over the entire 

life of the engine. 

■ 9. Section 60.4207 is amended by 

revising paragraph (b), removing and 

reserving paragraph (c), and revising 

paragraph (d) to read as follows: 

§ 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? 

* * * * * 

(b) Beginning October 1, 2010, owners 

and operators of stationary CI ICE 

subject to this subpart with a 

displacement of less than 30 liters per 

cylinder that use diesel fuel must 

purchase diesel fuel that meets the 

requirements of 40 CFR 80.510(b) for 

nonroad diesel fuel. 

(c) [RESERVED] 

(d) Beginning June 1, 2012, 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 no longer 

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 parts per million 

(ppm). 

* * * * * 

■ 10. Section 60.4208 is amended by 

revising the section heading, revising 

paragraphs (g) and (h), and adding 

paragraph (i) to read as follows: 

§ 60.4208 What is the deadline for 

importing or installing stationary CI ICE 

produced in previous model years? 

* * * * * 

(g) After December 31, 2018, owners 

and operators may not install nonemergency 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 §§ 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: 

§ 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 nonemergency 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: 

§ 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 


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cylinder to the emission standards 

specified in § 60.4201(d) and (e) and 

§ 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: 

§ 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 (g) 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 emissionrelated 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. 

* * * * * 

(c) * * * The engine must be 

installed and configured according to 

the manufacturer’s emission-related 

specifications, except as permitted in 

paragraph (g) 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 § 60.4204(e) or § 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 § 60.4204(e) or 

§ 60.4205(f), as applicable. 

(2) Conducting a performance test to 

demonstrate initial compliance with the 

emission standards according to the 

requirements specified in § 60.4212 or 

§ 60.4213, as appropriate. The test must 

be conducted within 60 days after the 

engine commences operation after the 

modification or reconstruction. 

(f) Emergency stationary ICE may be 

operated for the purpose of maintenance 

checks and readiness testing, provided 

that the tests are recommended by 

Federal, State or local government, the 

manufacturer, the vendor, or the 

insurance company associated with the 

engine. Maintenance checks and 

readiness testing of such units is limited 

to 100 hours per year. There is no time 

limit on the use of emergency stationary 

ICE in emergency situations. The owner 

or operator may petition the 

Administrator for approval of additional 

hours to be used for maintenance checks 

and readiness testing, but a petition is 

not required if the owner or operator 

maintains records indicating that 

Federal, State, or local standards require 

maintenance and testing of emergency 

ICE beyond 100 hours per year. 

Emergency stationary ICE may operate 

up to 50 hours per year in nonemergency 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 non-emergency power as part of 

a financial arrangement with another 

entity. For owners and operators of 

emergency engines, any operation other 

than emergency operation, maintenance 

and testing, and operation in nonemergency situations for 50 hours per 

year, as permitted in this section, is 

prohibited. 

(g) If you do not install, configure, 

operate, and maintain your engine and 

control device according to the 

manufacturer’s emission-related written 

instructions, or you change emissionrelated settings in a way that is not 

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. In addition, if 

you do not install and configure the 

engine and control device according to 

the manufacturer’s emission-related 

written instructions, or you change the 

emission-related settings in a way that 

is not permitted by the manufacturer, 

you must conduct an initial 

performance test to demonstrate 

compliance with the applicable 

emission standards 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 


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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37971 

and operate the engine in a manner 

consistent with good air pollution 

control practice for minimizing 

emissions. In addition, you must 

conduct an initial performance test to 

demonstrate compliance with the 

applicable emission standards within 1 

year of startup, or within 1 year after an 

engine and control device is no longer 

installed, configured, operated, and 

maintained in accordance with the 

manufacturer’s emission-related written 

instructions, or within 1 year after you 

change emission-related settings in a 

way that is not permitted by the 

manufacturer. 

(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 to 

demonstrate compliance with the 

applicable emission standards within 1 

year of startup, or within 1 year after an 

engine and control device is no longer 

installed, configured, operated, and 

maintained in accordance with the 

manufacturer’s emission-related written 

instructions, or within 1 year after you 

change emission-related settings in a 

way that is not permitted by the 

manufacturer. You must conduct 

subsequent performance testing every 

8,760 hours of engine operation or 3 

years, whichever comes first, thereafter 

to demonstrate compliance with the 

applicable emission standards. 

■ 14. Section 60.4212 is amended by 

revising the introductory text and 

paragraph (a) and adding paragraph (e) 

to read as follows: 

§ 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). 

■ 15. Section 60.4213 is amended by 

revising the introductory text to read as 

follows: 

§ 60.4213 What test methods and other 

procedures must I use if I am an owner or 

operator of a stationary CI internal 

combustion engine with a displacement of 

greater than or equal to 30 liters per 

cylinder? 

Owners and operators of stationary CI 

ICE with a displacement of greater than 

or equal to 30 liters per cylinder must 

conduct performance tests according to 

paragraphs (a) through (f) of this section. 

* * * * * 

■ 16. Section 60.4215 is amended by 

revising paragraph (a) and adding 

paragraph (c) to read as follows: 

§ 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 §§ 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 · n¥0.2 g/KW-hr (34 · 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 · n¥0.23 g/KW-hr (33 · 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). 

■ 17. Section 60.4216 is amended by 

revising paragraphs (a) and (b) and 

adding paragraphs (c) through (f) to read 

as follows: 

§ 60.4216 What requirements must I meet 

for engines used in Alaska? 

(a) Prior to December 1, 2010, owners 

and operators of stationary CI ICE with 

a displacement of less than 30 liters per 

cylinder located in areas of Alaska not 

accessible by the FAHS should refer to 

40 CFR part 69 to determine the diesel 

fuel requirements applicable to such 

engines. 

(b) Except as indicated in paragraph 

(c) of this section, manufacturers, 

owners and operators of stationary CI 

ICE with a displacement of less than 10 

liters per cylinder located in areas of 

Alaska not accessible by the FAHS may 

meet the requirements of this subpart by 

manufacturing and installing engines 

meeting the requirements of 40 CFR 

parts 94 or 1042, as appropriate, rather 

than the otherwise applicable 

requirements of 40 CFR parts 89 and 

1039, as indicated in sections 

§§ 60.4201(f) and 60.4202(g) of this 

subpart. 

(c) Manufacturers, owners and 

operators of stationary CI ICE that are 

located in areas of Alaska not accessible 

by the FAHS may choose to meet the 

applicable emission standards for 

emergency engines in § 60.4202 and 

§ 60.4205, and not those for nonemergency engines in § 60.4201 and 

§ 60.4204, except that for 2014 model 

year and later non-emergency CI ICE, 

the owner or operator of any such 

engine that was not certified as meeting 

Tier 4 PM standards, must meet the 

applicable requirements for PM in 

§ 60.4201 and § 60.4204 or install a PM 

emission control device that achieves 

PM emission reductions of 85 percent, 

or 60 percent for engines with a 

displacement of greater than or equal to 

30 liters per cylinder, compared to 

engine-out emissions. 


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(d) The provisions of § 60.4207 do not 

apply to owners and operators of pre2014 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 § 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. 

(f) The provisions of this section and 

§ 60.4207 do not prevent owners and 

operators of stationary CI ICE subject to 

this subpart that are located in areas of 

Alaska not accessible by the FAHS from 

using fuels mixed with used lubricating 

oil, in volumes of up to 1.75 percent of 

the total fuel. The sulfur content of the 

used lubricating oil must be less than 

200 parts per million. The used 

lubricating oil must meet the onspecification levels and properties for 

used oil in 40 CFR 279.11. 

■ 18. Section 60.4217 is revised to read 

as follows: 

§ 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 

§ 60.4204 or § 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. 

■ 19. Section 60.4219 is amended by: 

■ (a) Adding definitions of ‘‘Certified 

emissions life’’ and ‘‘Date of 

manufacture’’ in alphabetical order; 

■ (b) Adding a definition of ‘‘Freshly 

manufactured engine’’ in alphabetical 

order; 

■ (c) Adding a definition of ‘‘Installed’’ 

in alphabetical order; 

■ (d) Revising the definition of ‘‘Model 

year’’; 

■ (e) Revising the definition 

of ‘‘Stationary internal combustion 

engine’’; and 

■ (f) Removing the definition of ‘‘Useful 

life’’ to read as follows. 

§ 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). 

* * * * * 

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 fixed capital cost of the new and 

refurbished components exceeds 75 

percent of the fixed capital cost of a 

comparable entirely new facility. 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 is 

produced using all new components 

except for the engine block. In these 

cases, the date of manufacture is the 

date of reconstruction or the date the 

new engine is produced. 

* * * * * 

Freshly manufactured engine means 

an engine that has not been placed into 

service. An engine becomes freshly 

manufactured when it is originally 

produced. 

* * * * * 

Installed means the engine is placed 

and secured at the location where it is 

intended to be operated. 

* * * * * 

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 nonstationary engine, model year means the 

calendar year or new model production 

period in which the engine was 

manufactured (see ‘‘date of 

manufacture’’). 

* * * * * 

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. 

* * * * * 

■ 20. Table 3 to Subpart IIII of Part 60 

is revised to read as follows: 

As stated in § 60.4202(d), you must 

certify new stationary fire pump engines 

beginning with the following model 

years: 

TABLE 3 TO SUBPART IIII OF PART

60—CERTIFICATION REQUIREMENTS

FOR STATIONARY FIRE PUMP ENGINES

Engine 

power 

Starting model 

year engine 

manufacturers 

must certify 

new 

stationary 

fire pump 

engines 

according to 

§ 60.4202(d)1

KW<75 ..............................

(HP<100) .......................... 2011 

75≤KW<130 ......................

(100≤HP<175) .................. 2010 

130≤KW≤560 ....................

(175≤HP≤750) .................. 2009 

KW>560 ............................

(HP>750) .......................... 2008 

1Manufacturers 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. 

Subpart JJJJ—[AMENDED] 

■ 21. Section 60.4230 is amended by 

revising paragraphs (a) introductory text 


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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37973 

and (a)(5) and adding paragraph (a)(6) to 

read as follows: 

§ 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 § 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: 

§ 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: 

If engine 

displacement is * * * 

and 

manufacturing 

dates are * * * 

the engine must meet 

emission standards and 

related requirements for 

nonhandheld engines 

under * * * 

(1) below 225 cc ............................................. July 1, 2008 to December 31, 2011 ................................................. 40 CFR part 90. 

(2) below 225 cc ............................................. January 1, 2012 or later .................................................................... 40 CFR part 1054. 

(3) at or above 225 cc .................................... July 1, 2008 to December 31, 2010 ................................................. 40 CFR part 90. 

(4) at or above 225 cc .................................... January 1, 2011 or later .................................................................... 40 CFR part 1054. 

(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 manufacturers 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. 

■ 23. Section 60.4233 is amended by 

revising paragraph (f) to read as follows: 

§ 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 § 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 § 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 

§ 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 

§ 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 

§ 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 § 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 nonemergency engines with a maximum 

engine power greater than or equal to 

500 HP (except lean burn natural gas 

engines and LPG engines with a 

maximum engine power greater than or 

equal to 500 HP and less than 1,350 HP); 

(ii) Prior to July 1, 2008, for nonemergency engines with a maximum 

engine power less than 500 HP; 

(iii) Prior to January 1, 2009, for 

emergency engines; 

(iv) Prior to January 1, 2008, for nonemergency lean burn natural gas engines 

and LPG engines with a maximum 

engine power greater than or equal to 

500 HP and less than 1,350 HP. 

(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 


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37974 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

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 60.4236 is amended by 

revising the section heading to read as 

follows: 

§ 60.4236 What is the deadline for 

importing or installing stationary SI ICE 

produced in previous model years? 

* * * * * 

■ 25. Section 60.4241 is amended by 

revising the first sentence in paragraph 

(b) to read as follows: 

§ 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. * * * 

* * * * * 

■ 26. Section 60.4243 is amended by 

revising paragraph (a) introductory text, 

revising paragraph (a)(1), and adding 

paragraph (i) to read as follows: 

§ 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 

§ 60.4233(a) through (c), you must 

comply by purchasing an engine 

certified to the emission standards in 

§ 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. 

* * * * * 

(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 § 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 § 60.4233(f), as 

applicable. 

(2) Conducting a performance test to 

demonstrate initial compliance with the 

emission standards according to the 

requirements specified in § 60.4244. The 

test must be conducted within 60 days 

after the engine commences operation 

after the modification or reconstruction. 

■ 27. 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) Adding a definition for ‘‘Freshly 

manufactured engine’’ in alphabetical 

order; 

■ (d) Adding a definition for ‘‘Installed’’ 

in alphabetical order; 

■ (e) Revising the definition of 

‘‘Liquefied petroleum gas’’; 

■ (f) Revising the definition of ‘‘Model 

year’’; 

■ (g) Revising the definition of 

‘‘Stationary internal combustion 

engine’’; and 

■ (h) Revising the definition of 

‘‘Stationary internal combustion engine 

test cell/stand’’ to read as follows: 

§ 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 inuse 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: 

(i) 1,000 hours of operation. 

(ii) Your recommended overhaul 

interval. 

(iii) Your mechanical warranty for the 

engine. 

* * * * * 


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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37975 

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 fixed capital cost of the new and 

refurbished components exceeds 75 

percent of the fixed capital cost of a 

comparable entirely new facility. 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 is 

produced using all new components 

except for the engine block. In these 

cases, the date of manufacture is the 

date of reconstruction or the date the 

new engine is produced. 

* * * * * 

Freshly manufactured engine means 

an engine that has not been placed into 

service. An engine becomes freshly 

manufactured when it is originally 

produced. 

* * * * * 

Installed means the engine is placed 

and secured at the location where it is 

intended to be operated. 

* * * * * 

Liquefied petroleum gas means any 

liquefied hydrocarbon gas obtained as a 

by-product in petroleum refining or 

natural gas production. 

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 nonstationary engine, model year means the 

calendar year or new model production 

period in which the engine was 

manufactured (see ‘‘date of 

manufacture’’). 

* * * * * 

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. 

* * * * * 

■ 28. Table 1 to Subpart JJJJ of Part 60 

is revised to read as follows: 

TABLE 1 TO SUBPART JJJJ OF PART 60—NOX, CO, AND VOC EMISSION STANDARDS FOR STATIONARY NON-EMERGENCY SI ENGINES ≥100 HP (EXCEPT GASOLINE AND RICH BURN LPG), STATIONARY SI LANDFILL/DIGESTER GAS

ENGINES, AND STATIONARY EMERGENCY ENGINES >25 HP 

Engine type 

and fuel 

Maximum 

engine power 

Manufacture 

date 

Emission standards a

g/HP-hr ppmvd at 15% O2

NOX CO VOC d NOX CO VOC d

Non-Emergency SI Natural Gas b and Non-Emergency SI 

Lean Burn LPG b.

100≤HP<500 .... 7/1/2008 2.0 4.0 1.0 160 540 86 

1/1/2011 1.0 2.0 0.7 82 270 60 

Non-Emergency SI Lean Burn Natural Gas and LPG .............. 500≤HP<1,350 1/1/2008 2.0 4.0 1.0 160 540 86 

7/1/2010 1.0 2.0 0.7 82 270 60 

Non-Emergency SI Natural Gas and Non-Emergency SI Lean 

Burn LPG (except lean burn 500≤HP<1,350).

HP≥500 ............. 7/1/2007 2.0 4.0 1.0 160 540 86 

HP≥500 ............. 7/1/2010 1.0 2.0 0.7 82 270 60 

Landfill/Digester Gas (except lean burn 500≤HP<1,350) ......... HP<500 ............ 7/1/2008 3.0 5.0 1.0 220 610 80 

1/1/2011 2.0 5.0 1.0 150 610 80 

HP≥500 ............. 7/1/2007 3.0 5.0 1.0 220 610 80 

7/1/2010 2.0 5.0 1.0 150 610 80 

Landfill/Digester Gas Lean Burn ............................................... 500≤HP<1,350 1/1/2008 3.0 5.0 1.0 220 610 80 

7/1/2010 2.0 5.0 1.0 150 610 80 

Emergency ................................................................................ 25<HP<130 ...... 1/1/2009 c 10 387 N/A N/A N/A N/A 

HP≥130 ............. ........................ 2.0 4.0 1.0 160 540 86 

aOwners and operators of stationary non-certified SI engines may choose to comply with the emission standards in units of either g/HP-hr or 

ppmvd at 15 percent O2. bOwners and operators of new or reconstructed non-emergency lean burn SI stationary engines with a site rating of greater than or equal to 

250 brake HP located at a major source that are meeting the requirements of 40 CFR part 63, subpart ZZZZ, Table 2a do not have to comply 

with the CO emission standards of Table 1 of this subpart. cThe emission standards applicable to emergency engines between 25 HP and 130 HP are in terms of NOX + HC. dFor purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of formaldehyde should not be included. 

■ 29. Table 2 to Subpart JJJJ of Part 60 

is revised to read as follows: 

As stated in § 60.4244, you must 

comply with the following requirements 

for performance tests within 10 percent 

of 100 percent peak (or the highest 

achievable) load: 


srobinson on DSK4SPTVN1PROD with RULES3
37976 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

TABLE 2 TO SUBPART JJJJ OF PART 60—REQUIREMENTS FOR PERFORMANCE TESTS

For each Complying with the requirement to You must Using According to the following 

requirements 

1. Stationary SI internal 

combustion engine demonstrating compliance 

according to § 60.4244.

a. limit the concentration of 

NOX in the stationary SI 

internal combustion engine exhaust.

i. Select the sampling port 

location and the number 

of traverse points; 

(1) Method 1 or 1A of 40 

CFR part 60, Appendix 

A or ASTM Method 

D6522–00(2005)a.

(a) If using a control device, the sampling site 

must be located at the 

outlet of the control device. 

ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at 

the sampling port location; 

(2) Method 3, 3A, or 3Bb

of 40 CFR part 60, appendix A or ASTM Method D6522–00(2005)a.

(b) Measurements to determine O2 concentration 

must be made at the 

same time as the measurements for NOX concentration. 

iii. If necessary, determine 

the exhaust flowrate of 

the stationary internal 

combustion engine exhaust; 

(3) Method 2 or 19 of 40 

CFR part 60.

iv. If necessary, measure 

moisture content of the 

stationary internal combustion engine exhaust 

at the sampling port location; and 

(4) Method 4 of 40 CFR 

part 60, appendix A, 

Method 320 of 40 CFR 

part 63, appendix A, or 

ASTM D 6348–03 (incorporated by reference, 

see § 60.17).

(c) Measurements to determine moisture must 

be made at the same 

time as the measurement for NOX concentration. 

v. Measure NOX at the exhaust of the stationary 

internal combustion engine.

(5) Method 7E of 40 CFR 

part 60, appendix A, 

Method D6522– 

00(2005)a, Method 320 

of 40 CFR part 63, appendix A, or ASTM D 

6348–03 (incorporated 

by reference, see 

§ 60.17).

(d) Results of this test consist of the average of 

the three 1-hour or 

longer runs. 

b. limit the concentration of 

CO in the stationary SI 

internal combustion engine exhaust.

i. Select the sampling port 

location and the number 

of traverse points; 

(1) Method 1 or 1A of 40 

CFR part 60, Appendix 

A or ASTM Method 

D6522–00(2005)a.

(a) If using a control device, the sampling site 

must be located at the 

outlet of the control device. 

ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at 

the sampling port location; 

(2) Method 3, 3A, or 3Bb

of 40 CFR part 60, appendix A or ASTM Method D6522–00(2005)a.

(b) Measurements to determine O2 concentration 

must be made at the 

same time as the measurements for CO concentration. 

iii. If necessary, determine 

the exhaust flowrate of 

the stationary internal 

combustion engine exhaust; 

(3) Method 2 or 19 of 40 

CFR part 60.

iv. If necessary, measure 

moisture content of the 

stationary internal combustion engine exhaust 

at the sampling port location; and 

(4) Method 4 of 40 CFR 

part 60, appendix A, 

Method 320 of 40 CFR 

part 63, appendix A, or 

ASTM D 6348–03 (incorporated by reference, 

see § 60.17).

(c) Measurements to determine moisture must 

be made at the same 

time as the measurement for CO concentration. 

v. Measure CO at the exhaust of the stationary 

internal combustion engine.

(5) Method 10 of 40 CFR 

part 60, appendix A, 

ASTM Method D6522– 

00(2005)a, Method 320 

of 40 CFR part 63, appendix A, or ASTM D 

6348–03 (incorporated 

by reference, see 

§ 60.17).

(d) Results of this test consist of the average of 

the three 1-hour or 

longer runs. 

c. limit the concentration of 

VOC in the stationary SI 

internal combustion engine exhaust.

i. Select the sampling port 

location and the number 

of traverse points; 

(1) Method 1 or 1A of 40 

CFR part 60, Appendix 

A.

(a) If using a control device, the sampling site 

must be located at the 

outlet of the control device. 


srobinson on DSK4SPTVN1PROD with RULES3
Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37977 

TABLE 2 TO SUBPART JJJJ OF PART 60—REQUIREMENTS FOR PERFORMANCE TESTS—Continued 

For each Complying with the requirement to You must Using According to the following 

requirements 

ii. Determine the O2 concentration of the stationary internal combustion engine exhaust at 

the sampling port location; 

(2) Method 3, 3A, or 3Bb

of 40 CFR part 60, appendix A or ASTM Method D6522–00(2005)a.

(b) Measurements to determine O2 concentration 

must be made at the 

same time as the measurements for VOC concentration. 

iii. If necessary, determine 

the exhaust flowrate of 

the stationary internal 

combustion engine exhaust; 

(3) Method 2 or 19 of 40 

CFR part 60.

iv. If necessary, measure 

moisture content of the 

stationary internal combustion engine exhaust 

at the sampling port location; and 

(4) Method 4 of 40 CFR 

part 60, appendix A, 

Method 320 of 40 CFR 

part 63, appendix A, or 

ASTM D 6348–03 (incorporated by reference, 

see § 60.17).

(c) Measurements to determine moisture must 

be made at the same 

time as the measurement for VOC concentration. 

v. Measure VOC at the exhaust of the stationary 

internal combustion engine.

(5) Methods 25A and 18 of 

40 CFR part 60, appendix A, Method 25A with 

the use of a methane 

cutter as described in 40 

CFR 1065.265, Method 

18 or 40 CFR part 60, 

appendix Ac,d, Method 

320 of 40 CFR part 63, 

appendix A, or ASTM D 

6348–03 (incorporated 

by reference, see 

§ 60.17).

(d) Results of this test consist of the average of 

the three 1-hour or 

longer runs. 

PART 1039—[AMENDED] 

■ 30. The authority citation for part 

1039 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 31. Section 1039.20 is amended by 

revising paragraph (a) introductory text 

and paragraph (c) to read as follows: 

§ 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 

§ 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 40 CFR 

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 

89, 94 or 1042, must meet the labeling 

requirements of 40 CFR 60.4210. 

PART 1042—[AMENDED] 

■ 32. The authority citation for part 

1042 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 33. Section 1042.1 is amended by 

adding paragraph (h) to read as follows: 

§ 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] 

■ 34. The authority citation for part 

1065 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 35. Section 1065.1 is amended by 

revising paragraphs (a)(3) and (a)(4) to 

read as follows: 

§ 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 

§ 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 

§ 1065.10. 

* * * * * 

PART 1068—[AMENDED] 

■ 36. The authority citation for part 

1068 continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 37. Section 1068.1 is amended by 

revising paragraph (a)(3) to read as 

follows: 


srobinson on DSK4SPTVN1PROD with RULES3
37978 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

§ 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. 2011–15004 Filed 6–27–11; 8:45 am] 

BILLING CODE 6560–50–P 


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